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Dubuque Community School District Agreement_Bridge Complex~~ • THE CITY OF DUB E Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Agreement with the Dubuque Community School District DATE: August 10, 2009 Dubuque A~-Am~lca Ci~- 2007 Leisure Services Manager Gil Spence recommends City Council approval of an Agreement with the Dubuque Community School District allowing the Dubuque Building Trades On-site Program to renovate the Bridge Complex in Eagle Point Park concur with the recommendation and respectfully request Mayor and City Council approval. ~----- Micha I C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gil D. Spence, Leisure Services Manager THE CITY OF ~,,, Dubuque DUB E Masterpiece on the Mississippi 2007 TO: Michael C. Van Milligen, City Manager FROM: Gil D. Spence, Leisure Services Manag SUBJECT: Agreement with the Dubuque Community School District DATE: August 10, 2009 INTRODUCTION The purpose of this memorandum is to request City Council approve the agreement with the Dubuque Community School District allowing the Dubuque Building Trades On- site Program (DBTOP) to renovate the Bridge Complex. DISCUSSION The City has $100,000 budgeted in the FY 2010 C.I.P. budget to renovate the Bridge Complex in Eagle Point Park and would like to partner with the School District's DBTOP program to have their students do the work. Private concrete and electrical contractors will be hired to do work the students are not able to do. Students will assist the private contactors and do all the carpentry type work. Architect Steve Ulstad has been hired to develop the renovation plans and will assist with oversight of the work. Several meetings have been held with School District staff and everyone is comfortable that the students can do the work and be provided a great experience and learning opportunity. All costs will be paid by the City; School District labor will be at no cost. ACTION STEP The action requested is that the City Council approve the attached agreement with the Dubuque Community School District. GDS:et AGREEMENT BETWEEN THE DUBUQUE COMMUNITY SCHOOL DISTRICT AND THE CITY OF DUBUQUE, IOWA This Agreement dated the day of August, 2009, for reference purposes, is made and entered into by and between the Dubuque Community School District ("School District") and the City of Dubuque, Iowa ("City'). WHEREAS, City owns a pavilion in Eagle Point Park called the Bridge Complex; and WHEREAS, School District has a class called Dubuque Building Trades On-Site Program (DBTOP) that teaches students construction skills by working on building projects; and WHEREAS, City wishes to renovate the Bridge Complex (the Project) and the School District wishes to use that project as a teaching classroom for its students. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL AGREEMENTS AND COVENANTS CONTAINED HEREIN, THE CITY AND THE SCHOOL DISTRICT AGREE AS FOLLOWS: SECTION 1. TERM. This Agreement shall be for the 2009-2010 school year, August 25, 2009 through May 14, 2010. SECTION 2. CONSTRUCTION OF THE PROJECT. City hereby retains School District and School District agrees to provide all labor, supervision of students, and tools necessary to complete the Project. School District's Superintendent of Schools or designee shall be responsible for leading and supervising the construction of the Project and supervising the student workers. SECTION 3. FINANCING THE PROJECT. City's City Manager or designee shall be responsible for construction plan development and administering the construction Project. City shall provide all funding necessary to complete the Project. Those costs include, but are not limited to, design fees, material costs, utilities, electrical contractor, plumbing contractor, painting contractor and supplies. SECTION 4. ACCESS TO THE PROJECT SITE. City shall provide access to the Project site, and shall provide snow removal to the Project site and space to store School District's tool trailer. SECTION 5. TERMINATION. Either party may terminate this Agreement upon days written notice to the other party. In the event of termination of this Agreement for any reason, School District shall promptly remove all of its equipment located on the Project site and shall restore the Project site to its condition prior to the commencement of this Agreement. SECTION 6. MODIFICATION OF THIS AGREEMENT. No waiver, change, modification or amendment of this Agreement shall be binding upon either party unless in writing and signed by the affected party. SECTION 7. INDEMNITY AND HOLD HARMLESS. 7.1. School District. School District hereby agrees to indemnify, defend and hold harmless City, its officers, agents, and employees, against any and all claims, suits, actions, debts, damages, costs, charges, and expenses, including court costs and attorney's fees, and against all liability for property damage and personal injury, including death resulting directly or indirectly therefrom, arising from any act of negligence of School District or its agents or employees, or any other persons acting on its behalf in supervising the students pursuant to the terms specified in this Agreement. 7.2. City Obligation. City agrees to indemnify, defend, and hold harmless the School District, its officer, agents, and employees, against any and all claims, suits, actions, debts, damages, costs, charges, and expenses, including court costs and attorney's fee, and against all liability for the property damage and personal injury, including death resulting directly or indirectly therefrom, arising from any act of negligence of the City, or those of its agents, employees, or any other persons acting on its behalf. SECTION 8. NO EMPLOYEE-EMPLOYEE RELATIONSHIP CREATED. Nothing herein shall be construed to create an employee-employer relationship between City and School District or any of its officers, agents, employees, or students. SECTION 9. APPROVAL. 9.1. By the City Council. This Agreement was approved by the City Council of the City of Dubuque on the day of , 2009. 9.2. By the School District. This Agreement was approved by the Board of Directors of the Dubuque Community School District on the day of 2009. DUBUQUE COMMUNITY SCHOOL DISTRICT By President By Secretary CITY OF DUBUQUE, IOWA By ~ -~ R D. Buol, Mayor r B / City Clerk F:\USERS\tsteckle\Li ndah IWg reements\DCS D_BridgeComplex_072909.doc