Signed Contract_Boys and Girls Club Facility Use AgreementCity of Dubuque
City Council Meeting
ITEM TITLE
SUMMARY:
SUGGESTED
DISPOSITION:
ATTACHMENTS:
Description
Copyrighted
August 2, 2021
Consent Items # 14.
Signed Contract(s)
2021 Docking Agreement with American Cruise Lines; Facility Use
Agreement with Boys' and Girls' Club of Greater Dubuque; Amendment
No. 1 to Professional Services Agreement with Origin Design Co. for the
South Port Flood Control Levee Repair Project; Fifth Amendment to
Facility Management Agreement with Platinum Hospitality Group, LLC.
Suggested Disposition: Receive and File
American Cruise Lines Docking Agreement
Boys and Girls Club Facility Use Agreement
Origin Design Co. Amendment No. 1
Platinum Hospitality Group, LLC Fifth Amendment
Type
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
FACILITY USE AGREEMENT
BETWEEN
BOYS' AND GIRLS' CLUB OF GREATER DUBUQUE
AND
THE CITY OF DUBUQUE
THIS AGREEMENT dated for reference purposes the 2Z`A_ day of
Zu-ne, 1, 2021, is made and entered by and between the Boys' and Girls' Club
of Greater Dubuque (Boys and Girls Club), and the City of Dubuque, Iowa (City).
WHEREAS, Boys and Girls Club is the owner of the premises .and grounds located
at 1299 Locust St., Dubuque, IA, including facilities contained therein, specifically the
gymnasiums, games room, outdoor common areas, and any other areas open and staffed
by Boys and Girls Club program staff, and restrooms (the Facilities); and
WHEREAS, City has 'requested to use the Facilities for its Leisure Services
Department Activities; and
WHEREAS, the parties have reached an agreement regarding such use and wish
to reduce their agreement to writing.
NOW,. THEREFORE, in consideration of their mutual promises hereinafter set
forth, the parties, agree as follows:
SECTION 1. TERM. Boys & Girls Club grants City the use of the Facilities Monday
through Friday, excluding holidays, from 12:30 PM until 5:45 PM on the terms and
conditions set forth herein. The Term of this Agreement commences on and
ends at midnight on 6—(,� 20Z1
SECTION 2. INSPECTION OF FACILITIES. City agrees it has had an adequate
opportunity to inspect the Facilities and accepts the Facilities in the condition upon which
they exist on the date of execution of this Agreement. City agrees to surrender the
Facilities in the same condition upon the expiration of the Term or termination of this
Agreement, ordinary wear and tear excepted. City agrees that the Facilities in the current
condition are adequate for its purposes and that no modification is required and no
warranty of fitness for any purpose is made by Boys & Girls Club.
SECTION 3. INDEMNITY AND COVERAGE. City agrees to protect, defend, indemnify,
and hold harmless Boys & Girls Club from all damage, claims and demands for bodily
injury or death or damage to real or personal property arising from or relating to City's use
of the Facilities, including, without limitation, injury, death, or damage arising from or
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related to any condition of or upon the Facilities or the premises, but excluding any
damage, claims and demands arising out of or related to the negligence of Boys and Girls
Club, its officers and employees. City is a member of the Iowa Communities Assurance
Pool and will provide a certificate of coverage which meets the coverage requirements of
Exhibit A with a comparable rating with Demotech.
SECTION 4. PLANNING, IMPLEMENTATION, STAFFING AND SUPERVISION. City
will be solely responsible for all planning, implementation, staffing and supervision prior
to and including the hours of its use of the Facilities.
SECTIONS. ACCESS TO FACILIIES. Boys & Girls Club will arrange with City's
Leisure Services Department personnel for access to the Facilities. Upon the request of
Leisure Services personnel, Boys & Girls Club may, in its sole discretion, permit access
during other times.
SECTION 6. TERMINATION. Boys & Girls Club reserves the right to terminate this
Agreement upon such notice, oral or written, as it deems necessary, in the event of breach
of this Agreement by City or in the judgment of Boys & Girls, for any other reason. City
may terminate this Agreement upon written notice to Boys & Girls Club not less than
twenty-four. (24) hours before the intended time of termination.
Upon the expiration of the term of this Agreement or termination of this Agreement, City
shall have no further right of use of the Facilities. City agrees this Agreement does not
create any right or expectation of future use of the Facilities or any other facility of Boys
& Girls Club.
SECTION 7. ENTIRE AGREEMENT. This is the entire Agreement between the parties
regarding the subject matter and supersedes all previous oral or written discussions or
agreement between the parties or their representatives.
SECTION 8: PRESENCE OF STAFF. Boys & Girls Club will provide at least one (1)
staff member who has knowledge of all safety, security, and operational aspects of
building shall be on premises during use of Facilities until 5:45 PM.
SECTION 9. COVID REQUIREMENTS. All COVID-19 sanitation of rooms used during
activities is the responsibility of City except for club staff sweeping and mopping floors
with proper cleaner to combat COVID-19 daily before arrival.
All door handles, railings, bathrooms, and common areas will be sprayed by Club staff
with proper sanitizer before entry each day.
All personal protective equipment (PPE) or other COVID-19 supplies shall be the
responsibility of City while children are in or on Boys & Girls Club property. Anytime upon
entry to club buildings or grounds, proper PPE and temperature checks shall be the
responsibility of City staff.
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All incidents related to COVID-19 shall be reported by both parties as soon as possible
and appropriate Center for Disease Control guidance shall be enacted.
SECTION 10. LUNCH AND BREAKFAST. Lunch and Breakfast will be furnished to all
participants and City staff via the USDA Summer Food Service Program. City staff will
work with the director of food service two (2) weeks in advance of the first day of classes
to formulate a plan for proper spacing in food consumption areas wherever they may be.
Dinner will be provided on Monday, Tuesday, and Friday by the Dubuque Rescue
Mission. Wednesdays and Thursday's will be snack only days or meals may be provided
by local churches serving in area.
BOYS & GIRLS CLUB OF GREATER DUBUQUE CITY OF DUBUQUE
1299 Locust St.. LEISURE
SERVICES
Dubuque, Iowa 52001 Dubuque, Iowa 52004-0732
Brian �L. Meyer, Executive Director
By: �.��-----
is,L...._-
06022021bal
THE CITY OF
DUB E
Masterpiece on the Mississippi
TO: Michael C. Van Milligan, City Manager
FROM: Marie L. Ware, Leisure Services Manager
SUBJECT: Dubuque Boys and Girls Club Facility Use Agreement
DATE: June 22, 2021
INTRODUCTION
Dubuque
All -America CRY
2007-2012-2013
2017*2019
The purpose of this memorandum is to request for the approval and signature of the
usage agreement between the Leisure Services Department and the Dubuque Boys
and Girls Club for the 2021 summer program.
BACKGROUND
Since the summer of 2013, the Leisure Services Department has partnered with the
Dubuque Community School District and St. Mark Youth Enrichment to offer afternoon
summer programs. In addition, the Department also partners with the Dubuque Boys
and Girls Club to provide meals throughout the summer for participants in these partner
programs and our playgrounds.
Prior to the summer of 2021, the Dubuque Community School District informed staff
that they would be altering their traditional summer academy and would not be offering
an afternoon program through Leisure Services. Fortunately, staff had been working
with both St Mark and the Boys and Girls Club on an alternate programming plan for the
summer that would continue to provide afternoon services as well as use of a large
enough indoor space to house all of the youth during the program. The solution was to
combine resources and to utilize the Boys and Girls Club facility for indoor activities and
to serve the afternoon snacks and dinner.
DISCUSSION
Since this is the first summer partnering directly with the Boys and Girls Club for the use
of their indoor space, the Boys and Girls Club requested that the City of Dubuque agree
to a facility usage agreement for this 7-week summer program. This partnership
provides a consistent space and food for over 45 neighborhood youth in the program 5
days a week, regardless of weather. Senior Counsel, Barry Lindahl reviewed the
agreement. There is no usage fee as part of the agreement.
RECOMENDATION
I respectfully request approval and signature of the facility usage agreement between
the City of Dubuque Leisure Services Department and the Dubuque Boys and Girls
Club.
Prepared by: Dan Kroger, Recreation Division Manager
cc: Barry Lindahl, Senior Counsel
Brian Feldott, Recreation Supervisor
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