HomeMy Public PortalAboutResolution 2019-49, Accepting 28E Agreement With Eastern Iowa Community College Reimbursements For Ice And Snow Removal for College Drive On Scott Community College Camput NOT SIGNED RESOLUTION 2019-49
A RESOLUTION ACCEPTING A 28E AGREEMENT WITH EASTERN IOWA COMMUNITY
COLLEGE FOR REIMBURSEMENTS TO
THE CITY OF RIVERDALDE FOR ICE AND SNOW REMOVAL
FOR COLLEGE DRIVE ON THE SCOTT COMMUNITY COLLEGE CAMPUS
WHEREAS, Chapter 28E of the Code for the state of Iowa provides for the ability of any public
agency of the state to enter into agreements with another such agency for the purpose of carrying out a
public purpose to their mutual benefit; and,
WHEREAS,the City Councils of the Cities of Riverdale("Riverdale")and Bettendorf
("Bettendorf'), Iowa did on November 5,2019 enter into a 28E Agreement by which Bettendorf's Public
Works Department would provide removal of ice and snow on the streets and roads of Riverdale,
including College Drive on the campus of Scott Community College; and,
WHEREAS,Eastern Iowa Community College is a public agency as defined with Chapter 28E of
the Code for the state of Iowa, is located with the City of Riverdale, and was desirous of the advantages of
joining an intergovernmental agreement with Bettendorf and Riverdale for removal of ice and snow on
College Drive and is accepting of the terms set forth in their 28E Agreement and will reimburse Riverdale
for the direct costs of such ice and snow removal under the terms and conditions of said agreement;and,
1
WHEREAS,both the President and Dean of Operations of the Scott Community College have
reviewed the terms and conditions of the proposed agreement with the City of Riverdale,find them
acceptable and will submit to their Board of Trustees for consideration at their November meeting.
NOW THEREFORE, BE IT RESOLVED,BY THE CITY COUNCIL OF THE CITY OF
RIVERDALE, SCOTT COUNTY, IN THE STATE OF IOWA:
Section 1. That the Agreement entitled"CITY OF BETTENDORF—EASTERN IOWA
COMMUNITY COLLEGE 28E INTERGOVERNMENTAL AGREEMENT: SNOW AND ICE
CONTROL FOR COLLEGE DRIVE"encompassing a snow and ice removal agreement and terms for
same for College Drive is attached to and hereafter a part of this agreement.
Section 2. That following due consideration the City Council finds said agreement to provide for
the reimbursement of the charges for the necessary and sufficient removal of snow and ice from College
Drive,on the campus of Scott Community College for the safety and benefit of its constituents and others
traveling in,through or visiting in Riverdale.
Section 3. That College Drive consists of a two-lane paved drive,approximately 1.4miles in
length and thirty feet in width,running from U.S. Route 67(State Street)to Belmont Road in Riverdale.
Section 4. That said agreement is of mutual benefit to all parties by utilizing the proximity of the
City of Bettendorf's snow and ice removal resources at a reasonable cost,which also provides for the
organizational depth of Bettendorf's professional public works department.
Section 5. That this agreement shall be effective for a period of one year from the date of
execution of the agreement by both parties,and may be revisited prior to that time for consideration of
renewal,amendment,or extension by concurrence of both parties to said agreement.
Prepared by City Administrator Tim Long November 7, 2019
CITY OF RIVERDALE, IOWA RESOLUTION NO. 2019-49
PAGE 2
-2-
Section 6. That with the approval of the City Council,the Mayor shall sign and execute said
agreement and the City Clerk shall attest his signature,and the City Clerk shall file copies as required by
the state of Iowa.
PASSED AND APPROVED this 12th day of November, 2019.
lichael Bawd . flavor
ATTEST: Mary Vrances Blevins,City Clerk
Prepared by City Administrator Tim Long October 17, 2019
•
CITY OF RIVERDALE—EASTERN IOWA COMMUNITY COLLEGES
28E INTERGOVERNMENTAL AGREEMENT
SNOW AND ICE CONTROL FOR COLLEGE DRIVE
This 28E intergovernmental agreement("Snow Removal Agreement") is made and entered into pursuant
to authority contained in Chapter 28 of the Code of Iowa, 2019, by and between the City of Riverdale,
Iowa, a municipal corporation, (hereinafter referred to as "Riverdale")and Scott Community College,
Eastern Iowa Community Colleges, an Iowa public agency(hereinafter referred to as"Scott Community
College").
WHEREAS, Riverdale has entered into an Intergovernmental Agreement("IGA")with the City
of Bettendorf, Iowa for snow and ice removal services for Riverdale streets and roads, in an area which
also encompasses Scott Community College's main access drive from Belmont Road, Riverdale; and,
WHEREAS, Scott Community College's main access drive is generally known as College Drive,
which is approximately 1.4 miles in length, and approximately thirty feet wide, which can easily be
maintained by the City of Bettendorf's snow and ice control equipment in the process of maintaining
adjoining Riverdale streets and roads; and,
WHEREAS, Scott Community College desires to avail itself of the efficiencies of having
Bettendorf's snow and ice control trucks and equipment remove snow and ice at the same time Bettendorf
clears snow and ice from Riverdale from both cost and effectiveness criteria; and,
WHEREAS, Bettendorf has agreed to conduct snow and ice removal service for College Drive
through its agreement with Riverdale if Riverdale will collect re-imbursement from Scott Community
College for the charges specifically relating to College Drive; and,
WHEREAS, intergovernmental cooperation between units of government and public agencies to
contract, further combine, or transfer lawful power or function in any manner not prohibited by law or
ordinance is authorized by and pursuant to Chapter 28E of the 2019 Code of Iowa; and,
WHEREAS, all aspects of this Agreement are designed and intended to enhance the public
health, safety, morals and welfare, as related to the City of Riverdale and Scott Community College.
NOW, THEREFORE, in a spirit of comity, and pursuant to the appropriate constitutional and
statutory provisions, the parties do hereby agree as follows:
SECTION 1. The purpose of this agreement is to provide a means by which Riverdale can be re-
imbursed for the costs incurred by Riverdale from Bettendorf for snow and ice removal for College Drive,
which is approximately 1.4 miles of paved roadway which is approximately thirty feet in width, as such
snow and ice removal services ae further described in Section 3 of this Agreement.
SECTION 2. This Agreement shall be effective on the date of the approval of this Agreement by
the second approving party,and continuing for a period of one(1)year from such date.
SECTION 3. The City of Bettendorf, by the afore-mentioned 28E Agreement it has with the City
of Riverdale for snow and ice removal services, will provide snow and ice removal on Riverdale streets as
shown on Exhibit A(the"Services"), including College Drive. All snow and ice removal measures shall
be substantially in conformance to Bettendorf's policy for snow and ice removal operations whereby
Bettendorf endeavors to achieve bare pavement within twenty-four(24)hours following the cessation of
snow fall from an average snow storm of 4"to 6". In the event of a larger storm, timing and strategies
may be adjusted. A copy of operational procedures are attached for reference and made a part of this
Agreement.
SECTION 4. Neither the City of Riverdale nor the City of Bettendorf shall be responsible for
damaged mailboxes or turf damage on College Drive due to winter maintenance operations for the
removal of ice and snow. This will be the responsibility of Scott Community College. Scott Community
College agrees to defend, indemnify and hold harmless the City of Riverdale and the City of Bettendorf,
and its employees, officers and public officials from any and all claims arising out of or related to any
alleged error or omission with the performance of Services specified in this Agreement.
SECTION 5. The City of Bettendorf is providing the Service to Riverdale at a rate of$140 per
hour. Bettendorf will bill Riverdale, and Riverdale will bill Scott Community College for the charges
specifically related to the removal of ice and snow from College Drive as itemized by the City of
Bettendorf, and said charges shall include all labor, equipment and material necessary to perform the
Services.
SECTION 6. Miscellaneous.
a. Governing Law: This Agreement shall be construed and enforced in accordance with
the laws of the state of Iowa.
b. Venue: Any and all litigation or actions commenced in connection with this
Agreement shall be brought in Davenport, Iowa and Scott County District Court for
the state of Iowa. If,however,jurisdiction is not proper in Scott County District
Court,the action shall only be brought in the United States District Court, Southern
District of Iowa. This provision shall not be construed as waiving any immunity to
suit or liability that may be available to parties.
c. Entire Agreement: This Agreement constitutes the entire agreement between parties
and shall be binding upon the true successors and assignees of the Scott Community
College and the administrators, successors and assignees of the Riverdale. This
agreement shall be filed with the Iowa Secretary of State as required by Iowa Code
section 28E.8.
d. Severability: The parties acknowledge and agree that if any paragraph, provision or
term of this Agreement is deemed illegal or void by any court or other appropriate
authority, the remaining provisions of this Agreement shall remain in full force and
effect.
e. Assignment and Subcontracting: Neither party may assign this Agreement or
subcontract any of the duties in whole or in part, without the written agreement of the
other party. Subject to the foregoing, this Agreement shall be binding upon and inure
to the benefit of the parties hereto and their respective successors and assigns.
f. Notices: All notices or other communications to be given under this Agreement shall
be deemed given when either personally delivered or mailed by first class mail,
postage prepaid, with proper address to the following addresses until otherwise
notified:
TO RIVERDALE TO EASTERN IOWA COMMUNITY COLLEGES
City of Riverdale Scott Community College
Attn: City Administrator Attn: Dean of Operations
110 Manor Drive 500 Belmont Road
Riverdale, IA 52722 Riverdale, IA 52722
�. Headings:The headings of this Agreement are inserted for convenience of reference
only and in no way describe or limit the scope or intent of this Agreement or any of
the provisions hereof.
h. There are no third party beneficiaries to this Agreement. This Agreement is intended
only to benefit Scott Community College and Riverdale.
i. Counterparts: This Agreement may be executed in one or more counterparts,each of
which shall be deemed to be an original, but all of which together shall constitute the
same instrument.
City of Riverdale,Iowa Eastern Iowa Community Colleges
By:
By: _
ichael Baw en, Mayor Robert 11. Gallas*her, Bo d President
Date: . �� �,� o i q Date: I L- I
Attest'// /L Attest:
Mary rances Blevins (name) -
City Clerk
Attachments:
Snow and Ice Control Policy
Snow and Ice Control Procedure
Exhibit A: Street map