University of Dubuque Indemnification AgreementTHE CITY OF
DUB E
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MEMORANDUM
April 11, 2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Indemnification Agreement with the University of Dubuque
Leisure Services Manager Gil Spence recommends City Council approval of a Mutual
Indemnification Agreement with the University of Dubuque. The University of Dubuque
uses our facilities and the Recreation Division uses the University of Dubuque 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.
V
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gil D. Spence, Leisure Services Manager
A
THE CITY OF
DuB E
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MEMORANDUM
April 10, 2007
TO: Michael C. Van Milligen, City Manager
FROM: Gil D. Spence, Leisure Services Manager
SUBJECT: Indemnification Agreement with the University of Dubuque
INTRODUCTION
The purpose of this memorandum is to request City Council approval of the Mutual
Indemnification Agreement with the University of Dubuque.
DISCUSSION
The University of Dubuque uses our facilities and the Recreation Division uses
University of Dubuque facilities for different recreation programs. Rather than sign an
indemnification agreement with each usage, the City Attorney and the University of
Dubuque staff have developed the attached Mutual Indemnification Agreement to cover
all uses for both organizations.
Similar agreements have been developed with Loras College and the Dubuque
Community School District.
ACTION STEP
The action step is for the City Council to approve the attached Mutual Indemnification
Agreement with the University of Dubuque.
GDS:et
attachment
~ r O
MUTUAL INDEMNIFICATION AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
THE UNIVERSITY OF DUBUQUE
This Agreement, dated for reference purposes the day of ' ,
20~, is entered into by and between the City of Dubuque, Iowa (City) and the
University of Dubuque (University).
City and University agree as follows:
1. Purpose. City uses facilities of University for various activities sponsored
by City. University uses facilities of City for various activities sponsored by University.
City and University wish to indemnify each other in the manner set forth herein with
respect to the use of University facilities for activities sponsored by the City and the use
of City facilities for activities sponsored by University.
2. Indemnification.
(a) City Indemnification of University. City agrees to indemnify and hold
harmless University, 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 University
property for activities sponsored by City. City further agrees, upon
receipt of notice from University, to defend at its own expense
University, its agents, officers, and employees from any action or
proceeding against University, its officers, agents, and employees
arising out of or caused by the negligence of City in using
University property for activities sponsored by the City.
(b) University Indemnification of City. University 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 University in using
City property for activities sponsored by University. University
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 University in using
City property for activities sponsored by University.
~c} The parties agree to provide the other party with prompt notice of
any claim made against the__party within the scope of the fore~oin~c
indemnification.
3. Continuing Indemnity. The provisions of this Agreement are intended to
and the parties do hereby agree that City and University 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 any 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: The University of Dubuque
00o Gtr -
5~~ i
Attn: .R-cv ~,v~a,.~,~~
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 B QU IOWA
By: Roy Buol
THE UNIVERSITY OF DUBUQUE
By. James D. Steines
VP of Finance and
Auxilary Services