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HomeMy WebLinkAboutA001 - memo regarding agreement acceptability I TO Tho Honor-able 'StuarL._N. Smith f._ '' �` 4/13V-12_ and City Council Members F RO\I J. F . Bishop , City Attorney I 0 ,=F t/�0 ICE. ivi SUBJECT ACCD Agreement � I :NTESSAGE The proposed agreement and ordinance appear to be acceptable to every- one, except that ACCD representatives were concerned that ACCD might be accepting responsibility for defending the City Council in a citizen' s suit challenging the legality of city support of the program. The attached page 3 of the agreement has an appropriate, underscored clause added to paragraph 10 . If the agreement is acceptable, the ordinance is ready for first reading. cc: Joe Coleman Neil Harl Robert E . Fulwider C Dr. L. E . Rosebrook J. R. Castner, City Manager Louise Whitcome, City Clerk f i i -3- 7. That any proposed budget or request for funds beyond the initial amount of $5 , 000 submitted to the City Council shall :_,e accompanied by the comments and recommendations of the Administrator. The Administrator shall be prepared to submit to the City Council, upon request by that body, a report upon the effectiveness of the joint and cooperative undertaking and to answer any specific relative questions submitted to him by said Council. 8. That funds supplied pursuant to this Agreement may be used for the purchase or other acquisition of personal property reasonably related to the purposes hereinbefore stated. Any such personal property so purchased or acquired shall be and become the property of Second Party and upon the termination of this Agreement shall remain the property of Second Party. 9 . That Second Party shall file a copy of this Agreement with the Secretary of State of the State of Iowa and shall cause a copy thereof to be recorded with the Recorder of Story County, Iowa. 10 . That Second Party hereby releases and holds harmless the First Party, its officers , agents , agencies , and employees from, all claims and demands , actions and causes of action, damages , costs , expenses relating to, on account of, or arising out of this Agreement or activities of, or contracts entered into by the Second Party or its agencies , with the exception of costs which may arise incident to an action contesting the power and authority of the city council in approving or entering into this agreement.