Signed Contract_Hillcrest Family Services for Louis Murphy ParkCity of Dubuque
City Council Meeting
Consent Items # 9.
Copyrighted
November 1, 2021
ITEM TITLE: Signed Contract(s)
SUMMARY: Hillcrest Family Services for use of Louis Murphy Park; Origin Design
Co. for the Jule Bus Barn Rooftop Unit Removal; Iowa Commission on
Volunteer Service for the 2021-2022 Formula Grant Amendment for the
AmeriCorps Creating Opportunities Grant; Iowa Commission on
Volunteer Service for the 2021-2022 Competitive Grant Amendment for
the AmeriCorps Partners in Learning Grant.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
Louis Murphy Park Agreement Supporting Documentation
Amendment to AmeriCorps Creating Opportunities Supporting Documentation
Grant
Amendment to AmeriCorps Partners in Learning Grant Supporting Documentation
Jule Bus Barn Rooftop Unit Removal Supporting Documentation
AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
HILLCREST FAMILY SERVICES
This Agreement, dated for reference purposes the day of 2021,
is made and executed between the City of Dubuque, Iowa, (City), a municipal corporation,
and Hillcrest Family Services, (Hillcrest), an Iowa corporation with its principle office in
Dubuque, Iowa.
WHEREAS, City is the owner of Louis Murphy Park (the Park); and
WHEREAS, City and Hillcrest desire to enter into an Agreement whereby City
grants permission to Hillcrest to use the Park, upon the terms and conditions hereinafter
stated;
NOW, THEREFORE, in consideration of the mutual covenants and agreements of
the City and Hillcrest, each to the other, it is agreed as follows:
SECTION 1. PREMISES. City hereby grants to Hillcrest the right to use the Park as
set forth herein.
SECTION 2. TERM OF AGREEMENT. The term of this Agreement is October 30,
2021 through January 10, 2022.
SECTION 3. RENTAL. Hillcrest must pay to City on or before October 30, 2021 rent
of $1.00.
SECTION 4. USE OF PROPERTY.
4.1. Hillcrest agrees that the Park will be used only for a holiday light display whereby
viewers will drive or walk through the Park to view the display. Hillcrest will require all
viewers to stay on the roadway at all times.
4.2. The location of displays, construction type (if attached to trees or buildings), and
alterations to grounds, must be approved by City's Leisure Services Manager prior to
installation. A written plan outlining the above -mentioned items must be submitted to the
Leisure Services Manager by October 25, 2021.
SECTION 5. GROUNDS AND MAINTENANCE. Hillcrest is responsible for the
following:
(1) Prompt snow removal from all Park roadways.
,(2) All electrical connections for the displays, and the cost of electricity; Hillcrest
agrees to reimburse the. City for all costs during the term of this Agreement. All
temporary wiring and required ground fault interrupter must be installed by a state
licensed electrical contractor. No utility poles may be energized until approved by
the City of Dubuque Building Services Department.
(3) Erection and maintenance of the displays.
(4) Return of all grounds to their original condition after removal of the displays.
(v) Prompt trash and fitter pickup and removal throughout the term of the
Agreement.
(6) Compliance with all applicable City ordinances, including building and
electrical codes.
SECTION 6. MANAGEMENT AND CONTROL OF THE PARK. Hillcrest agrees that
City will continue to have sole management authority and control of the Park, except that
Hillcrest is solely responsible for controlling admission to the Park and may charge an
entrance fee,
SECTION 7. INSURANCE. Hillcrest shall provide insurance as required by the
attached Insurance Schedule A.
SECTION 8. INDEMNITY. Hillcrest agrees to save, defend, indemnify and hold
harmless City, its officers, agents and employees, against any and all loss, damage,
claims, causes of action, judgments, costs and expenses that City may hereafter suffer,
incur, be put to, pay or lay out by reason of the performance or lack of performance by
Hillcrest and/or its agents and employees of the conditions of this Agreement.
SECTION J. ASSIGNABILITY. Hillcrest shall not assign or transfer any interest in this
Agreement.
SECTION 10. TERMINATION. In the event Hillcrest fails to keep, perform and observe
in a timely and proper manner any of its covenants or obligations under this Agreement,
City may, at its option, terminate this Agreement by giving twenty-four hours notice to
Hillcrest, in which event Hillcrest shall immediately remove all of its displays or other
equipment from the Park and restore the Park to its original condition.
SECTION 11. SPECIAL EVENT PERMIT. Hillcrest must apply for and comply with all
requirements of the Special Event Permit,
CITY OF DUBUQUE, IOWA
HILLCREST FAMILY SERVICES
j�
By:AA11vaBy:
Mic ael C. Van Milligen / �l
City Manager
Printed Name
2
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permittees
INSURANCE SCHEDULE A
shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the
coverage required in Exhibit I prior to the lease, license, or permit commencement. All lessees of
City property and right of way licensees or permittees shall submit an updated certificate
annually. Each certificate shall be prepared on the most current ACORD form approved by the
Iowa Insurance Division or an equivalent. Each certificate shall include a statement under
Description of Operations as to why the certificate was issued. Lease Agreement dated
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in
Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide.
3. Each certificate shall be furnished to the Finance Department of the City of Dubuque.
4. The lessee, licensee, or permittee shall be required to carry the minimum coverage/limits, or
greater if required by law or other legal agreement, in Exhibit I. Failure to provide the required
minimum coverage shall not be deemed a waiver of such requirements by the City of Dubuque.
5. Failure to obtain or maintain the required insurance shall be considered a material breach of the
lease, license, or permit.
6. All required endorsements shall be attached to certificate.
7. Whenever a specific ISO form is referenced the current edition of the form must be used unless
an equivalent form is approved by the Director of Finance and Budget. The lessee, licensee, or
permittee must identify and list in writing all deviations and exclusions from the ISO form.
8. If lessee's, licensee's, or permittee's limits of liability are higher than the required minimum limits
then the lessee's, licensee's, or permittee's limits shall be this agreement's required limits.
9. Lessee, licensee, or permittee shall require all subcontractors and sub -subcontractors to obtain
and maintain during the performance of work insurance for the coverages described in this
Insurance Schedule and shall obtain certificates of insurance from all such subcontractors and
sub -subcontractors. Lessee, licensee, or permittee agrees that it shall be liable for the failure of a
subcontractor and sub -subcontractor to obtain and maintain such coverage. The City may
request a copy of such certificates from the lessee, licensee, or permittee.
10. Lessee, license & permittees shall be responsible for deductibles and self -insured retention and
for payment of all policy premiums and other costs associated with the insurance policies
required below.
11. All certificates of insurance must include agents name, phone number and email address.
12. The City of Dubuque reserves the right to require complete, certified copies of all required
insurance policies, including endorsements, required by this Schedule at any time.
13. The City of Dubuque reserves the right to modify these requirements, including limits, based on
changes in the risk or other special circumstances during the term of the agreement, subject to
mutual agreement of the parties.
Page 1 of 4 Schedule A Lessees of City Property; Right of Way Licensees or Permittees April 2021
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permittees
INSURANCE SCHEDULE A (Continued)
EXHIBIT I
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products -Completed Operations Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence $1,000,000
Fire Damage Limit (any one occurrence) $50,000
Medical Payments $5,000
1) Coverage shall be written on an occurrence, not claims made, form. The general
liability coverage shall be written in accord with ISO form CG 00 01 or business
owners form BP 00 02. All deviations from the standard ISO commercial general
liability form CG 0001, or Business owners form BP 00 02, shall be clearly
identified.
2) Include ISO endorsement form CG 25 04 "Designated Location(s) General
Aggregate Limit."
3) Include endorsement indicating that coverage is primary and non-contributory.
4) Include Preservation of Governmental Immunities Endorsement (Sample
attached).
5) Include additional insured endorsement for:
The City of Dubuque, including all its elected and appointed officials, all its
employees and volunteers, all its boards, commissions and/or authorities and
their board members, employees and volunteers. Use ISO form CG 20 10
(Ongoing operations) or its equivalent.
6) Policy shall include Waiver of Right to Recover from Others Endorsement.
B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory Benefits covering all employees injured on the job by accident or disease as
prescribed by Iowa Code Chapter 85.
Coverage A Statutory —State of Iowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee -Disease $100,000
Policy Limit -Disease $500,000
Policy shall include Waiver of Right to Recover from Others endorsement.
Coverage B limits shall be greater if required by the umbrella/excess insurer
OR
If, by Iowa Code Section 85.1A, the lessee, licensee, or permittee is not required to
purchase Workers' Compensation Insurance, the lessee, licensee, or permittee shall
have a copy of the State's Nonelection of Workers' Compensation or Employers' Liability
Coverage form on file with the Iowa Workers' Compensation Insurance Commissioner, as
required by Iowa Code Section 87.22. Completed form must be attached.
Page 2 of 4 Schedule A Lessees of City Property; Right of Way Licensees or Permittees April 2021
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permittees
INSURANCE SCHEDULE A (Continued)
C) POLLUTION LIABILITY
Coverage required: —Yes _x_ No
Pollution liability coverage shall be required if the lessee, contracting party, or permittee
has any pollution exposure for abatement of hazardous or contaminated materials
including, but not limited to, petroleum products, the removal of lead, asbestos, or PCBs.
Pollution product and completed operations coverage shall also be covered.
Each occurrence $2,000,000
Policy Aggregate $4,000,000
1) Policy to include job site and transportation coverage.
2) Include additional insured for:
The City of Dubuque, including all its elected and appointed officials, all its
employees and volunteers, all its boards, commissions and/or authorities and
their board members, employees and volunteers. Use ISO form CG 2010.
(Ongoing operations) or its equivalent and CG2037(completed operations) or
its equivalent.
3) Include Preservation of Governmental Immunities Endorsement.
4) Provide evidence of coverage for 5 years after completion of project. PROPERTY
D) INSURANCE REQUIRED BY LEASE, LICENSE, OR PERMIT
5) x Yes No
Evidence of property coverage provided: _x_ Yeslnclude the City of Dubuque as
Lender Loss Payable.
E) RIGHT-OF-WAY WORK ONLY:
UMBRELLA/EXCESS $1,000,000
Yes _x_ No
The General Liability, Automobile Liability and Workers Compensation insurance
requirements may be satisfied with a combination of primary and Umbrella or Excess
Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of
the primary policies, it shall include the same endorsements as required of the primary
policies including Waiver of Subrogation AND Primary and Non-contributory in favor of
the City.
F) FLOOD INSURANCE Yes _x_ No
If Required Coverage
Page 3 of 4 Schedule A Lessees of City Property; Right of Way Licensees or Permittees April 2021
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permittees
Please be aware that naming the City of Dubuque as an additional insured as is required by this
Insurance Schedule may result in the waiver of the City's governmental immunities provided in Iowa Code
sec. 670.4. If you would like to preserve those immunities, please use this endorsement or an equivalent
form.
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase
of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any
of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa
Section 670.4 as it is now exists and as it may be amended from time to time.
2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those
claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it
now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa
Section 670.4 shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting
any defense of governmental immunity, and may do so at any time and shall do so upon the timely written
request of the insurer.
4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer
shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for
reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of
the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa.
No Other Change in Policy. The above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy.
SPECIMEN
(DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES)
Page 4 of 4 Schedule A Lessees of City Property; Right of Way Licensees or Permittees April 2021