Police Training Site SmithfieldMEMORANDUM
November 8, 2004
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT:
Training Site - Smithfield Plant: Indemnity/Hold Harmless Agreement
Chief of Police Kim Wadding recommends City Council approval of an Indemnity
Agreement allowing the Police Department to use the Smithfield Foods plant on East
16th Street as a training site.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Kim B. Wadding, Chief of Police
MEMORANDUM
DATE:
November 4, 2004
TO:
Michael C. Van Milligen
City Manager
FROM:
Kim B. Wadding
Police Chief
RE:
Training Site - Smithfield Plant: Indemnity/Hold Harmless Agreement
INTRODUCTION:
The purpose of this memorandum is to seek approval of an Indemnity/Hold Harmless
Agreement between the City of Dubuque and the old Smithfield Meat Packing Plant
located on East 16th Street for the purpose of a training site for police street and tactical
operations.
BACKGROUND:
In July 2004 contact was made with the Smithfield Meat Packing Plant to explore the
possibility of using the closed meat packing plant as a training site for police operations.
On August 26, 2004 the police department received a response (see attached) from
Robert F. Urell, Senior Vice President, Corporate Engineering & Environmental Affairs,
for Smithfield Foods, Inc. Mr. Urell is agreeable to allow the Dubuque facility to be used
for training of police department personnel conditioned on the acceptance of a hold
harmless agreement to their legal department.
DISCUSSION:
The Smithfield Food plant located at East 16th Street is an ideal training site for police
training. With the plant having both office and plant operations we have the ability to
train using a number of different training scenarios for both street officer training and
tactical responses. The location of the plant within the city allows quick access and the
necessary privacy to conduct effective training exercises. Barry Lindahl was asked to
prepare the attached Indemnity Agreement for your review.
RECOMMENDATION:
Having the availability of the Smithfield Foods plant as a training site offers a unique
opportunity to expand and enhance our training capabilities, I would recommend
approval of the Indemnity Agreement allowing the police department to use the plant for
training purposes.
ACTION REQUESTED:
To request City Council consideration to approve the attached Indemnity Agreement
allowing the police department to use the Smithfield Foods plant on East 16th Street as
a training site for police training.
Cc:
Barry Lindahl, Corporation Attorney
Cindy Steinhauser, Assistant City Manager
August 26, 2004
Kim Wadding
Dubuque Police Chief
PO Box 875
Dubuque, Iowa 52004
Re: Dubuque Smithfield Plant
Dear Chief Wadding:
I apologize for not responding more promptly to your request.
We are agreeable to your proposed use of the Dubuque facility for training of your department officers.
This is subject to your submitting a hold harmless agreement that is acceptable to our legal department.
Please direct that to Michael Cole, Vice President, Secretary and Deputy General Counsel, phone number
757-365-3030, email michaelcole@smithfieldfoods.com.
Your use ofthe facility must be coordinated well in advance with our property manager, George Lyons, and
in such a manner that the activities do not cause Smithfield to incur any additional costs. As previously
discussed, your department would also be responsible for any damage that may inadvertently result from
your training activities.
Upon execution of the referenced letter agreement, we are prepared to move forward.
Sincerely,
Robert F. Urell
CC: Michael Cole
George Lyons
INDEMNITY AGREEMENT
The CITY OF DUBUQUE, IOWA, hereby covenants and agrees to
indemnify and hold harmless SMITHFIELD FOODS, INC. of and from any and all
claims, demands, and causes of action for injuries or damages which may be
sustained on the premises of SMITHFIELD FOODS, INC. by employees of the
POLICE DEPARTMENT of the CITY OF DUBUQUE while participating in
training on the premises commencing this day or any day hereafter.
Signed this day of September, 2004
City of Dubuque, Iowa
By
Michael C. Van Milligen
City Manager