Firearms Range_Mathy AgreementTHE CITY OF ~,,. .
DUB ~ E
Masterpiece nn the Mississippi
MEMORANDUM
June 11, 2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Firearms Range- Mathy Construction Hold Harmless Agreement
Chief of Police, Kim Wadding is recommending the City of Dubuque execute a hold
harmless agreement for Mathy Construction Company as they allow the City of
Dubuque Police Department use of the River City Stone Rose Spur Quarry at 19068
Herber Road, for police firearms training.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Mic ael C. Van Milligen
MCVM/Iw
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Kim B. Wadding, Police Chief
THE CITY OF
DUB E
~-~~
DATE: June 8, 2007
MEMORANDUM
TO: Michael C. Van Milligen
City Manager
FROM: Kim B. Wadding ~~~
Police Chief
RE: Firearms Range - Mathy Construction Hold Harmless Agreement
regarding the city's use of a portion of the River City Stone Rose Spur
Quarry, 19068 Herber Road, for police firearms training
INTRODUCTION
The purpose of this memorandum is to seek approval for a hold harmless agreement
with Mathy Construction Company regarding the use of the River City Stone Rose Spur
Quarry, 19068 Herber Road, for police firearms training.
BACKGROUND
Mathy Construction for the past years has hosted the Dubuque Police Department and
the Dubuque County Sheriffs Office in providing at no cost a portion of the River City
Stone Rose Spur Quarry for our police firearms program. The River City Stone Rose
Spur Quarry is located north of the John Deere Manufacturing Plant at 19068 Herber
Road.
DISCUSSION
As we continue to use the facility for our firearms range, Mike Hoffmann, Vice-President
of Mathy Construction, has requested the city and county provide a Hold Harmless
Agreement to Mathy Construction regarding the police use of the River City Stone Rose
Spur Quarry for firearms training.
Barry Lindahl, City Attorney, has reviewed the Hold Harmless Agreement originally sent
by Mathy Construction and made some minor revisions. On June 5, 2007 Sheriff Ken
Runde and I met with Mike Hoffman to review and discuss the Hold Harmless
Agreement. The revised agreement is attached.
RECOMMENDATION
Mathy Construction has been a great host for our firearms range and we have enjoyed
using the site to meet our firearms qualifications and training. I would recommend the
approval of the revised Hold Harmless Agreement for Mathy Construction allowing the
police department to continue using a portion of the River City Stone Rose Spur Quarry,
19068 Herber Road, for police firearms training.
ACTION REQUESTED
Action requested is to approve and sign the attached Hold Harmless Agreement with
Mathy Construction allowing the police department to continue to use a portion of the
River City Stone Rose Spur Quarry, 19068 Herber Road, for police firearms training.
Cc: Cindy Steinhauser, Assistant City Manager
Barry Lindahl, City Attorney
Jeanne Schneider, City Clerk
RELEASE AND HOLD HARMLESS AGREEMENT
Police officers of the City of Dubuque, Iowa Police Department are hereby
granted the right to enter upon the Mathy Construction Company property known
as the River City Stone Rose Spur Quarry, located on 19068 Herber Road,
Dubuque, Iowa, (the "Property") for the sole purpose of firearm training and
qualifying from May 1St, 2007, through May 1St, 2008.
In consideration, the City of Dubuque, Iowa hereby agrees to hold
harmless, indemnify, release and forever discharge Mathy Construction
Company, its affiliates, subsidiaries, officers, directors, employees and
associates from and against any and all claims, liabilities, suits, actions, causes
of action, judgments, costs, expenses or damages of any nature or kind
whatsoever as a result of personal injuries, death or property damage in any way
arising in whole or in part from any physical conditions existing on the Property
and from all damages or physical injuries caused by City of Dubuque Police
Department use of the Property.
The undersigned acknowledges that he has read this release and
understands all of its terms. He executes it voluntarily and with full knowledge of
its significance.
CITY OF DUBUQUE, IOWA
Michael C. Van Milligen, City Manager
(Date)