Loading...
Loras College Indemnification AgreementTHE CITY OF DUB E ~-~-~ MEMORANDUM ~_ Q March 26, 2007 p~ ~ -~ c C; ~ {~'fl ;-: .`Tl ~,~ ~ m ~~ TO: The Honorable Mayor and City Council Members ~ C7 ? O D ~ •- ~ o FROM: Michael C. Van Milligen, City Manager --~ SUBJECT: Indemnification Agreement with Loras College Leisure Services Manager Gil Spence recommends City Council approval of a Mutual Indemnification Agreement with Loras College. Loras College uses our facilities and the Recreation Division uses Loras College facilities for different recreation programs. Rather than sign an indemnification agreement with each usage, the Mutual Indemnification Agreement covers all uses for both organizations. I concur with the recommendation and respectfully request Mayor and City Council approval. 1 ~ ~~~, ;!~~ ~- ~ ~~ ~~ Mi hael 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 DuB E ~-~~ MEMORANDUM March 26, 2007 TO: Michael C. Van Milligen, City Manager FROM: Gil D. Spence, Leisure Services Manager SUBJECT: Indemnification Agreement with Loras College INTRODUCTION The purpose of this memorandum is to request City Council approval of the Mutual Indemnification Agreement with Loras College. DISCUSSION Loras College uses our facilities and the Recreation Division uses Loras College facilities for different recreation programs. Rather than sign an indemnification agreement with each usage, the City Attorney and the Loras College staff have developed the attached Mutual Indemnification Agreement to cover all uses for both organizations. Similar agreements are being discussed with the University of Dubuque and the Dubuque Community School District. ACTION STEP The action step is for the City Council to approve the attached Mutual Indemnification Agreement with Loras College. GDS:et attachment MUTUAL INDEMNIFICATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND LORAS COLLEGE This Agreement, dated for reference purposes the _15th_ day of _March , 2007 is entered into by and between the City of Dubuque, Iowa (City) and Loras College (Loras). City and Loras agree as follows: 1. Purpose. City uses facilities of Loras for various activities sponsored by City. Loras uses facilities of City for various activities sponsored by Loras. City and Loras wish to indemnify each other in the manner set forth herein with respect to the use of Loras facilities for activities sponsored by the City and the use of City facilities for activities sponsored by Loras. 2. Indemnification. (a) City Indemnification of Loras. City agrees to indemnify and hold harmless Loras, 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 Loras property for activities sponsored by City. City further agrees, upon receipt of notice from Loras, to defend at its own expense Loras, its agents, officers, and employees from any action or proceeding against Loras, its officers, agents, and employees arising out of or caused by the negligence of City in using Loras property for activities sponsored by the City. (b) Loras Indemnification of City. Loras 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 Loras in using City property for activities sponsored by Loras. Loras 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 Loras in using City property for activities sponsored by Loras. 3. Continuing Indemnity. The provisions of this Agreement are intended to and the parties do hereby agree that City and Loras 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. 4. Duration. This Agreement shall remain in full force and effect until termination by either party in the manner set forth herein. Either party may terminate this Agreement by giving the other ninety (90) days written notice in the manner set forth herein. 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 the facilities. 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. The notice shall be directed as follows: TO: City of Dubuque, Iowa City Hall 50 West 13th Street Dubuque, Iowa Attn: City Manager TO: Loras College 1450 Alta Vista Dubuque, Iowa Attn: Vice President of Finance and Administration 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. 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 LORAS C L By: MUTUAL INDEMNIFICATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND LORAS COLLEGE This Agreement, dated for reference purposes the _15th_ day of _March , 2007 is entered into by and between the City of Dubuque, Iowa (City) and Loras College (Loras). City and Loras agree as follows: 1. Purpose. City uses facilities of Loras for various activities sponsored by City. Loras uses facilities of City for various activities sponsored by Loras. City and Loras wish to indemnify each other in the manner set forth herein with respect to the use of Loras facilities for activities sponsored by the City and the use of City facilities for activities sponsored by Loras. 2. Indemnification. (a) City Indemnification of Loras. City agrees to indemnify and hold harmless Loras, 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 Loras property for activities sponsored by City. City further agrees, upon receipt of notice from Loras, to defend at its own expense Loras, its agents, officers, and employees from any action or proceeding against Loras, its officers, agents, and employees arising out of or caused by the negligence of City in using Loras property for activities sponsored by the City. (b) Loras Indemnification of Citv. Loras 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 Loras in using City property for activities sponsored by Loras. Loras 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 Loras in using City property for activities sponsored by Loras. 3. Continuing Indemnity. The provisions of this Agreement are intended to and the parties do hereby agree that City and Loras 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. 4. Duration. This Agreement shall remain in full force and effect until termination by either party in the manner set forth herein. Either party may terminate this Agreement by giving the other ninety (90) days written notice in the manner set forth herein. 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 the facilities. 5. Notice. Any notice required under this Agreement ma certified mail, return receipt requested, registered mail or personal manner required by the Iowa Rules of Civil Procedure. The notice shall be directed as follows: TO: City of Dubuque, Iowa City Hall 50 West 13th Street Dubuque, Iowa Attn: City Manager TO: Loras College 1450 Alta Vista Dubuque, Iowa Attn: Vice President of Finance and Administration y be given by service in the 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. 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: LORAS C LL ~ By: