Mutual Indemnification Agreement with Clarke UniversityMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Mutual Indemnification Agreement with Clarke University
DATE: January 10, 2011
MCVM:Iw
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Marie Ware, Leisure Services Manager
Michael C. Van Milligen
Dubuque
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All - America City
1
2007
Leisure Services Manager Marie Ware is recommending approval of the Mutual
Indemnification Agreement with Clarke College. This agreement allows both the City
and Clarke University to utilize one another's facilities without having to obtain
certificates of insurance for each usage. City Attorney Barry Lindahl has approved the
agreement with the Clarke University recent name change. Clarke University has
already approved and signed the agreement.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Masterpiece on the Mississippi
TO:
FROM:
SUBJECT:
DATE:
INTRODUCTION
to.)00/
Michael C. Van Milligen, City Manager
Marie L. Ware, Leisure Services Manager
Mutual Indemnification Agreement with Clarke University
January, 3, 2011
Dubuque
WWI
AI- AmericaCAy
1 (
2007
The purpose of this memo is to request City Council approval of the attached Mutual
Indemnification Agreement with Clarke University.
BACKGROUND
Recently we discovered that a 2008 request for approval of a Mutual Indemnification
Agreement with Clarke College never appeared on a city council agenda and thus the
agreement was not officially approved. This agreement allows both the city and Clarke
University to utilize one another's facilities without having to obtain certificates of
insurance for each usage. City Attorney Barry Lindahl has approved the agreement with
the Clarke University recent name change. Clarke University has already approved and
signed the agreement.
ACTION REQUESTED
Action requested is for the City Council to approve the attached Mutual Indemnification
Agreement with Clarke University.
MLW:et
attachment
prepared by Patrick Prevenas
SECTION 2. INDEMNIFICATION.
MUTUAL INDEMNIFICATION AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
CLARKE UNIVERSITY
This Agreement, dated for reference purposes the 22nd day of December, 2010,
is entered into by and between the City of Dubuque, Iowa (City) and Clarke University
(Clarke).
City and Clarke agree as follows:
SECTION 1. PURPOSE. City uses facilities of Clarke for various activities sponsored
by City. Clarke uses facilities of City for various activities sponsored by Clarke. City and
Clarke wish to indemnify each other in the manner set forth herein with respect to the
use of Clarke facilities for activities sponsored by the City and the use of City facilities
for activities sponsored by Clarke.
2.1. City Indemnification of Clarke. City agrees to indemnify and hold harmless
Clarke, its agents, officers, and employees from and against all claims for injury or
damage to persons or property arising out of or caused by the negligence of City using
Clarke property for activities sponsored by City. City further agrees, upon receipt of
notice from Clarke, to defend at its own expense Clarke, its agents, officers, and
employees from any action or proceeding against Clarke, its officers, agents, and
employees arising out of or caused by the negligence of City in using Clarke property
for activities sponsored by the City.
2.2. Clarke Indemnification of City. Clarke agrees to indemnify and hold harmless
City, its agents, officers and employees from and against all claims for injury or damage
to persons or property arising out of or caused by the negligence of Clarke in using City
property for activities sponsored by Clarke. Clarke further agrees, upon receipt of notice
from City to defend at its own expense City, its officers, agents, and employees from
any action or proceeding against City, its officers, agents, and employees arising out of
or caused by the negligence of Clarke in using City property for activities sponsored by
Clarke.
SECTION 3. CONTINUING INDEMNITY. The provisions of this Agreement are
intended to and the parties do hereby agree that City and Clarke will no longer be
required to seek a separate Indemnity Agreement from each other each time either
party uses or seeks permission to use property of the other.
SECTION 4.. DURATION. This Agreement shall remain in full force and effect until
termination by either party in the manner set forth herein.
4.1. Either party may terminate this Agreement by giving the other ninety (90) days
written notice in the manner set forth herein.
4.2. In the event of termination by one party, the other party reserves the right to
cancel or revoke, without liability, to the party terminating this agreement, any permits,
authorizations, contracts or other agreements for the use of any facilities
SECTION 5. NOTICE. Any notice required under this Agreement may be given by
certified mail, return receipt requested, registered mail or personal service in the
manner required by the Iowa Rules of Civil Procedure.
SECTION 6. Nothing herein shall relieve the other party from seeking permission or a
permit from the other with respect to the use of the property of the other.
SECTION 7. NO PRESUMPTION. This Agreement was drafted through the mutual
effort of the parties and no presumption shall exist against either party in the event of a
dispute concerning the interpretation of this Agreement.
CITY OF DUBUQUE, IOWA
By:
The notice shall be directed as follows:
TO: City of Dubuque, Iowa
City Hall
50 West 13th Street
Dubuque, Iowa
Attn: City Manager
TO: Clarke University
1550 Clarke Drive
Dubuque, IA 52001
Attn: Deanna McCormick
fop
2
CLARKE UNIVERSITY
By:
Its: Mayor Vice President for Business & Finance