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HomeMy Public PortalAboutResolution #2016-15 Intergovernmental Agreement For Maintenance Of Right-Of-Way By And Between The City Of LeClaire And The City Of Riverdale RESOLUTION 2016-15 INTERGOVERNMENTAL AGREEMENT FOR MAINTENANCE OF RIGHT-OF-WAY BY AND BETWEEN THE CITY OF LECLAIRE AND THE CITY OF RIVERDALE This Intergovernmental Agreement ("Agreement") is made by and between the City of LeClaire, Iowa, an Iowa Municipal Corporation ("LeClaire"), 325 Wisconsin Street, LeClaire, Iowa 52753, and the City of Riverdale, Iowa, an Iowa Municipal Corporation("Riverdale"), 110 Manor Drive,Riverdale,Iowa 52722,to be effective as of May 1,2016(the"Effective Date"). Recitals Whereas, Riverdale desires to enter into this Agreement with LeClaire for Maintenance Services, as defined below, along certain areas of Valley Dr.,as shown on the attached Exhibit 1 (collectively referred to as"Maintenance Areas");and Whereas,LeClaire is agreeable to rendering such Maintenance Services on the terms and conditions of this Agreement; and WHEREAS,this Agreement is authorized by Section 28E.12 of the Iowa Code; NOW THEREFORE, in consideration of the promises, covenants and conditions hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, LeClaire and Riverdale hereby covenant and agree as follows. 1. LeClaire agrees to provide Maintenance Services on an as needed basis commencing on the Effective Date and terminable upon thirty(30)days'written notice of either Riverdale or LeClaire. 2. Maintenance Services shall be defined as cutting and mowing roadside weeds,brush,and grass control required to appropriately maintain the Maintenance Areas. 3. In return for providing the Maintenance Services,Riverdale shall pay to LeClaire the standard fee,which may be changed from time to time at LeClaire's discretion,listed on LeClaire's website,located at www.leclaireiowa.gov. 4. LeClaire shall provide Maintenance Services in the Maintenance Areas as requested by Riverdale to maintain the Maintenance Areas. 5. LeClaire shall provide all equipment necessary to complete the Maintenance Services. Further,LeClaire shall be responsible for all maintenance and repair costs associated with said equipment. 6. LeClaire shall furnish and supply all necessary labor and supervision as is necessary to provide the Maintenance Services. 7. Riverdale shall not be liable for the payment of any salaries,wages,or other compensation to any of LeClaire's personnel performing services pursuant to this Agreement. LeClaire shall maintain workers' compensation insurance coverage in statutory amounts for its personnel performing Maintenance Services. 8. LeClaire agrees to fully indemnify, hold harmless, and defend Riverdale, its elected officials, officers, employees, and agents, from and against any and all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments,costs,and expenses(including,but not limited to,reasonable attorneys' fees and costs,which arise out,relate to,or are caused by the negligence or willful misconduct of LeClaire, its employees, or contractors in performance of the Maintenance Services. 9. This Agreement(a)sets forth the entire agreement of, and supersedes all prior agreements and understandings between,the parties relating to the subject matter hereof; (b)binds and benefits the parties and their successors in interest,heirs, beneficiaries,legal representatives,and permitted assigns;(c)is governed by and construed in accordance with Iowa law;(d)may not be amended or modified except in writing signed by each party;and(e)may be signed in several counterparts,each of which will be an original and all of which will constitute one agreement. Time is of the essence of each provision in this Agreement,and 1 the unenforceability, invalidity, or illegality of any provision does not affect or impair any other provision or render it unenforceable, invalid, or illegal. A party's failure to enforce at any time or for any period of time any provision of this Agreement or to exercise any right or remedy does not constitute a waiver of such provision, right, or remedy, or prevent such party thereafter from enforcing any or all provisions and exercising any or all rights and remedies. The exercise of any right or remedy does not constitute an election or prevent the exercise of any or all rights or remedies. Unless the context clearly indicates otherwise,the use of the singular includes the plural,and vice versa;and the use of any gender is applicable to any other gender. The captions and the table of contents,if any,are for convenience only and do not affect the interpretation of this Agreement. Ayes:Hupp,Channon,Seaberg Nays: Absent:Littrel,Halsey ATTEST: CITY OF RIVERDALE c.9).CLca‘en9 <TT‘hailil Paula McIntosh,City Clerk Sonya PaddMayor Resolution#2016-15,July 5,2016 See signed 28 E Agreement for LeClaire signatures 2 , -,d,s�4. ts��ar' �ak&iak + '". EXHIBIT 1 North side of Valley Dr. beginning at 1010 Valley Dr. and continuing East to 1132 Valley Dr. 3 x t.. Prepared by: City of LeClaire,Edwin N. Choate,325 Wisconsin Street, LeClaire, Iowa Phone: (563)289-4242 Fax: (563)289-6014 Return to: City of LeClaire,325 Wisconsin Street,LeClaire, Iowa 52753-9525 INTERGOVERNMENTAL AGREEMENT FOR MAINTENANCE OF RIGHT-OF-WAY BY AND BETWEEN THE CITY OF LECLAIRE AND THE CITY OF RIVERDALE This Intergovernmental Agreement ("Agreement") is made by and between the City of LeClaire, Iowa, an Iowa Municipal Corporation ("LeClaire"), 325 Wisconsin Street, LeClaire, Iowa 52753, and the City of Riverdale, Iowa, an Iowa Municipal Corporation("Riverdale"), 110 Manor Drive,Riverdale,Iowa 52722,to be effective as of May 1,2016(the"Effective Date"). Recitals Whereas, Riverdale desires to enter into this Agreement with LeClaire for Maintenance Services, as defined below, along certain areas of Valley Dr.,as shown on the attached Exhibit 1 (collectively referred to as"Maintenance Areas");and Whereas,LeClaire is agreeable to rendering such Maintenance Services on the terms and conditions of this Agreement; and WHEREAS,this Agreement is authorized by Section 28E.12 of the Iowa Code; NOW THEREFORE, in consideration of the promises, covenants and conditions hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, LeClaire and Riverdale hereby covenant and agree as follows. 1. LeClaire agrees to provide Maintenance Services on an as needed basis commencing on the Effective Date and terminable upon thirty(30)days'written notice of either Riverdale or LeClaire. 2. Maintenance Services shall be defined as cutting and mowing roadside weeds,brush,and grass control required to appropriately maintain the Maintenance Areas. 3. In return for providing the Maintenance Services, Riverdale shall pay to LeClaire the standard fee, which may be changed from time to time at LeClaire's discretion,listed on LeClaire's website,located at www.leclaireiowa.gov. 4. LeClaire shall provide Maintenance Services in the Maintenance Areas as requested by Riverdale to maintain the Maintenance Areas. 1 5. LeClaire shall provide all equipment necessary to complete the Maintenance Services. Further, LeClaire shall be responsible for all maintenance and repair costs associated with said equipment. 6. LeClaire shall furnish and supply all necessary labor and supervision as is necessary to provide the Maintenance Services. 7. Riverdale shall not be liable for the payment of any salaries,wages,or other compensation to any of LeClaire's personnel performing services pursuant to this Agreement. LeClaire shall maintain workers' compensation insurance coverage in statutory amounts for its personnel performing Maintenance Services. 8. LeClaire agrees to fully indemnify, hold harmless, and defend Riverdale, its elected officials, officers, employees, and agents, from and against any and all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments,costs,and expenses(including,but not limited to,reasonable attorneys' fees and costs,which arise out,relate to,or are caused by the negligence or willful misconduct of LeClaire, its employees, or contractors in performance of the Maintenance Services. 9. This Agreement(a)sets forth the entire agreement of, and supersedes all prior agreements and understandings between,the parties relating to the subject matter hereof;(b)binds and benefits the parties and their successors in interest,heirs, beneficiaries,legal representatives,and permitted assigns;(c)is governed by and construed in accordance with Iowa law;(d)may not be amended or modified except in writing signed by each party;and(e)may be signed in several counterparts,each of which will be an original and all of which will constitute one agreement. Time is of the essence of each provision in this Agreement,and the unenforceability, invalidity, or illegality of any provision does not affect or impair any other provision or render it unenforceable, invalid, or illegal. A party's failure to enforce at any time or for any period of time any provision of this Agreement or to exercise any right or remedy does not constitute a waiver of such provision, right, or remedy, or prevent such party thereafter from enforcing any or all provisions and exercising any or all rights and remedies. The exercise of any right or remedy does not constitute an election or prevent the exercise of any or all rights or remedies. Unless the context clearly indicates otherwise,the use of the singular includes the plural,and vice versa;and the use of any gender is applicable to any other gender. The captions and the table of contents,if any,are for convenience only and do not affect the interpretation of this Agreement. ATTEST: CITY OF RIVERDALE e-4v;aoair) Paula McIntosh, City Clerk Sonya Pal:.ck,Mayor Resolution#2016-15,July 5,2016 ATTEST: CITY OF LECLAIRE Edwin N. Choate, City Administrator/Clerk Ray C. Allen,Mayor Resolution#16-082,June 20, 2016 2 EXHIBIT 1 North side of Valley Dr.beginning at 1010 Valley Dr. and continuing East to 1132 Valley Dr. 3