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Signed Contract_Dubuque County Cooperative Winter Road Maintenance Dubuque THE CITY OF At( efeaCfty DU B E Masterpiece on the Mississippi 2007.2012°2013 TO: Michael C. Van Milligen, City Manager FROM: Don Vogt, Public Works Director SUBJECT: Cooperative Winter Road Maintenance Agreement DATE: January 14, 2016 INTRODUCTION The purposes of this memorandum are to provide information and request your endorsement of a new winter road maintenance agreement with the County of Dubuque. BACKGROUND In 1995, the City and County of Dubuque entered into their first cooperative winter road maintenance agreement. That agreement was prompted by legislation and a ruling that year regarding annexations. The State ruled that the annexation of property on only one side of a rural road did not excuse the annexing city from road maintenance responsibilities. The State declared that a city that annexes property on only one side of a county road must maintain its portion of that road to its centerline. Recognizing the logistical difficulties presented by such a scenario, City and County of Dubuque staff negotiated a 28E agreement in 1995 addressing roadways impacted by the State's legislation. This agreement was then approved by the Dubuque County Board of Supervisors and the Dubuque City Council in the fall of 1995. It was subsequently amended in 1998, 1999, 2005, 2006, 2009, 2010, and 2011 to reflect Dubuque's continued growth. DISCUSSION Due to the City's recent growth in the Key West area, the winter road maintenance agreement again needs to be amended. Street and Sewer Maintenance Supervisor John Klostermann and County Engineer Anthony Bardgett recently agreed to two relatively minor changes to the 2011 agreement, which the County's Board of Supervisors subsequently endorsed last week. The only changes pertain to Section 1 (3) and Section 2 (7). As noted to you in previous years, prior amendments and the original agreement ensured that winter road maintenance responsibilities are not split down roadway centerlines, which is obviously very inefficient and impractical. The proposed agreement amendment is premised once again on common sense, effectiveness, and efficiency. Centerline mileage, lane miles, and traffic loads would continue to be relatively equal for each entity. ACTION STEP I request your consideration of the attached agreement and your endorsement of same. CC: Barry A. Lindahl, City Attorney Attachment r { , L 2 RESOLITTION INTO. 0/b� WHEREAS, Dubuque County agrees to perform winter maintenance operations on portions of the English Mill Road, Cottingham Road,Lake Eleanor Road,Derby Grange Road and Old Highway Road for the City of Dubuque, and WHEREAS,the City of Dubuque agrees to perform winter maintenance operations on portions of the Old Highway Road, Cousins Road, Peru Road and Seippel Road, John F. Kennedy Road and Middle Road and North Cascade Road for Dubuque County, and WHEREAS,it is necessary that Dubuque County and the City of Dubuque enter into a revised 28E Agreement regarding the winter maintenance on these roadways that will amend the previous 28E Agreement,File 2011-00019155, THEREFORE BE IT RESOLVED that the Board of Supervisors of Dubuque County,Iowa hereby approve and direct the Chair to sign the revised 28E Agreement with the City of Dubuque for winter maintenance operations on said roadways. Adopted this 4'day of January, 2016. Tom Hancock, air Dubuque County Board of Supervisors ATTEST: Mona Manternach, Deputy Auditor c i' Preparer's Name: Mary Lammers Address: 13047 City View Dr.,Dubuque, Iowa 52002 Telephone:(563)557-7283 Return To:Dubuque County Engineer Address: 13047 City View Dr.,Dubuque, Iowa 52002 Telephone:(563)557-7283 Agreement Between DUBUQUE COUNTY, IOWA and THE CITY OF DUBUQUE, IOWA for WINTER ROAD MAINTENANCE This Agreement, dated for reference purposes the day of January, 2016, is made and entered into by and between Dubuque County, Iowa and the City of Dubuque, Iowa pursuant to Iowa Code Chapter 28E. The purpose of this Agreement shall be to define the duties and responsibilities of Dubuque County and the City of Dubuque for winter maintenance on roads lying within the jurisdiction of the other public agency, as agreed to herein. i; SECTION 1: MAINTENANCE BY DUBUQUE COUNTY. Dubuque County agrees to perform winter maintenance operations on the following roadways: (1) English Mill Road from Crescent Ridge southwesterly to the City of Dubuque city limits; (2) Cottingham Road from Seippel Road to the City of Dubuque city limits; (3) Lake Eleanor Road from Digital Drive southeasterly to the City of Dubuque city limits and from U.S. Highway 151-61 westerly to Timothy St; (4) Derby Grange Road from John F. Kennedy Road west to the City of Dubuque city limits; (5) Old Highway Road from Seippel Road westerly to the City of Dubuque city limits. SECTION 2. MAINTENANCE BY CITY OF DUBUQUE. The City of Dubuque agrees to perform winter maintenance operations on the following roadways: (1) Old Highway Road from U.S. 20 westerly to Seippel Road; (2) Cousins Road from the Old Highway Road south to U.S. 20; (3) Peru Road from the City of Dubuque city limits near Kennedy Court north to Riverside Road; (4) Seippel Road from Cottingham Road north to Chavenelle Road; (5) John F. Kennedy Road from the City of Dubuque city limits north to Derby Grange Road; (6) Middle Road from Seippel Road to Jonquil Terrace. (7) North Cascade Road from Cedar Cross Road southwesterly to Edval Lane; SECTION 3. MAINTENANCE DEFINED. Winter maintenance shall be defined as the clearance of snow and ice from the roadway and the placement of sand, salt or other abrasives and deicers as needed upon the roadway. SECTION 4. TERM. This Agreement shall take effect upon approval by both parties and shall continue in effect until terminated as set forth herein. SECTION 5. TERMINATION. This Agreement may be terminated at any time by either party upon thirty (30) days written notice to the other party. SECTION 6. ADMINISTRATION OF AGREEMENT. The County Engineer and the City of Dubuque Public Works Director shall administer q this Agreement. The County Engineer shall consult with the Dubuque County Board of Supervisors and the Dubuque Public Works Director shall consult with the Dubuque City Manager on matters related to this Agreement. No real or personal property shall be acquired by either party during the term of this Agreement. SECTION 7. INDEMNIFICATION. The party responsible under this Agreement for the winter maintenance of a roadway shall defend, indemnify and hold harmless the other party, its officers, agents and employees, from any and all causes of action, suits at law or in equity, losses, damages, claims or demands, and from any and all liability and expense of whatsoever nature, arising out of or in connection with the party's performance or failure to perform its winter maintenance duties on such roadway. i', IN WITNESS THEREOF, the parties have set their hands, for the purpose herein expressed. APPROVED BY: DUBUQUE COUNTY BOARD OF SUPERVISORS i x� Date: January 4 , 2016. Tom Hanco Chair ATTEST: Mona Manternach, Dubuque County Deputy Auditor On this 4th day of January 2016, before me, Mary Ann Specht a Notary Public, in and for the State of Iowa, personally appeared Tom Hancock and Mona Manternach, to me personally known and who, being duly sworn, did say that they are the Chairperson of the Board of Supervisors and County Deputy Auditor, respectively, of the County of Dubuque, Iowa;that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its Board of Supervisors, as contained in the resolution adopted by the Board of Supervisors, on the 4h day of January , 2016, and Tom Hancock and Mona Manternach acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Mary Ann Specht, Notary Public MARY ANN SPECHT Comm,on APPROVED BY: CITY OF DUBUQUE, IOWA F Co Number 53583 Sly Comm. Exp.��" � v Date: ..__ , 2016. Mich el C. Van Milligen, City Manager ATTEST: Kevin S/Fimstahl, Dubuque City Clerk On this day of .Aj 2016, before me, tJ t � a Notary Public, in and for the State of Iowa,A ersonally appeared Michael C.Van Milligen and Kevin S. Firnstahl,to me personally known and who, being duly sworn, did say that they are the City Manager and City Clerk, respectively, of the City of Dubuque, Iowa; th eti�a and Michael C. Van Milligen and Kevin S. Firnstahl acknowledged the execution of the instrument to be their voluntary act deed and the voluntary act and deed of the corporation, by it voluntarily executed. taryPublic q6 t3 6