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Hillcrest Family Services Agreement_Reflections in the Park_2015-2016AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND HILLCREST FAMILY SERVICES This Agreement, dated for reference purposes thg' ' day of , 2015, is made and executed between the City of Dubuque, Iowa, (City), a mu is pal 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, 2015 through January 10, 2016. SECTION 3. RENTAL. Hillcrest must pay to City on or before October 30, 2015 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 1, 2015. 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 time period of this Agreement. All temporary wiring and required ground fault interrupter must be installed by a 082115bal Copyright 2014 City of Dubuque Consent Items # 7. ITEM TITLE: Hillcrest Family Services Agreement SUMMARY: City Manager recommending approval of an agreement with Hillcrest Family Services to use Murphy Park for Reflections in the Park. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type ❑ Agreement with Hillcrest Family Services to Use Murphy Park-MVM City Manager Memo Memo ❑ Staff Memo Hillcrest Agreement for Lights Staff Memo ❑ Hillcrest Use Agreement for Murphy Park Supporting Documentation THE CITY OF Dubuque UBE I erica .i Masterpiece on the Mississippi 2007-2012-2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Agreement with Hillcrest Family Services to Use Murphy Park for Reflections in the Park DATE: September 14, 2015 Leisure Services Manager Marie Ware recommends City Council approval of an agreement with Hillcrest Family Services for use of Murphy Park from October 30, 2015, through January 10, 2016, to set up a holiday light display. I concur with the recommendation and respectfully request Mayor and City Council approval. Micliael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Marie L. Ware, Leisure Services Manager THE CITY OF Dubuque UBgkE 111-America III I. Masterpiece on the Mississippi 2007-2012-2013 TO: Michael C. Van Milligen, City Manager FROM: Marie L. Ware, Leisure Services Manager SUBJECT: Agreement with Hillcrest Family Services to use Murphy Park for Reflections in the Park DATE: September 14, 2015 INTRODUCTION The purpose of this memorandum is to request authorization of the agreement with Hillcrest Family Services for use of Murphy Park for Reflections in the Park. DISCUSSION Hillcrest Family Services has requested the use of Murphy Park from October 30th, 2015 through January 10th, 2016 to set up a holiday light display. Hillcrest will use the display as a fundraiser for their organization. Details of the request for public viewing of the displays is as follows: • major displays will be placed around the park • hours of operation will be 5:00 to 10:00 p.m. • open seven days a week • Thanksgiving through New Years • rental is $1.00 The usage agreement outlines the conditions that are to be followed during this usage and allows extra days for setup and take down. Murphy Park is closed at this time of the year. Hillcrest believes the display is a tourist attraction and aids the Chamber's efforts to attract people to Dubuque during the winter months. Hillcrest has raised over $1,000,000 from this event since it started. Last year, they had over 40,000 vehicles go through the park and view the displays. The Park and Recreation Commission recommended approval of the agreement at their September 8th meeting. ACTION STEP The action requested is your authorization of the usage agreement. MLW:jlr attachment 1 AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND HILLCREST FAMILY SERVICES This Agreement, dated -for -reference purposes th/' day of , 2015, is made and executed between the City of Dubuque, Iowa,r(City), a mu is pal 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, 2015 through January 10, 2016. SECTION 3. RENTAL. Hillcrest must pay to City on or before October 30, 2015 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 1, 2015. 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 time period of this Agreement. All temporary wiring and required ground fault interrupter must be installed by a 082115bal 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. (5) Prompt trash and litter 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 9. 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 By: Michael C. Van Milligen City Manager 2 By: .ti City of Dubuque Insurance Requirements for Tenants and Lessees of City Property or Vendors(Suppliers, Service Providers), and Right of Way Permit Holders Insurance Schedule A 1. :ball furmsb a signed Certficate of Insurance(COI)to Me CrWaf Dubuque,Iowa far the coverage requlretl In Exhort I prior to contact or case commencement NI lessres of(ll property and Right of Way Permit Holders shall submit an updated COI annually.Each Certficate shall be prepared on Me most current ACORO form approved by the Department of Insurance or an equivalent Each certfiate shall include a statement under Description of Operations as to why issued Hill: project N or lease of premises at or construction of or Hart of way Permitted location and tl¢eration 2. All policies of insurance required hereunder shall he with a career authorized!to do business In Iowa and all carnets shall have a sting of A or better in the current A.M.Desna Rating Guide. 3. Each Certificate shall be fumished to the contracting department of the Clty of Dubuque. 4. Failure to provide minimum coverage shall nut be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain ormamtam the requlretl insurance shall be considered a material breach of this agreement. 5. All required endorsements to Vinous policies shall be attached to Gamfiate of insurance. fi. Whenever a specific ISO form is Inner,an equivalent form may be subrtltuted subject to the mavltler identifying and listing in ranting all donations and exclusions that differ from the 150 form. ). Provider hall be rtgalretl to carry the minimum caveragePlmlts,or greater if required by law or other legal agreement,in Exhibit 1. S. Whenever an ISO form is referenced the current region of the form must be used. if lova e(s limits of liability are higher than the required minimum limits then the providers limits shall be this agreement's requlretl limits. Page 1 of 3 schedule A Property Or Vendors July 2015.Ooc 3 City or Dubuque Insurance Requirements for Tenants and Lessees of city Property or Vendors(Suppliers, Servlwe shoulders),and Right of way Permit"holders Insurance Schedule A (continued) Exhibit ) A) COMMERCIAL GENERAL DAaun Coneux Aggre52,ma ne Shal ns Sudden Chad $I,",= normal and ung injury am $I,",= Oil furniture m Lou'F.Damage dans one.... ) 5 fall Posomman 5 s,om ai Coverea ge she 11 be writtery o n a n commands,set force made,form The themagral Include coverage shall be occur in. a cloth ma men Contra or broader model form B�2 Al I deviations from the me shares 130 COMMeFE01 great I dome D.CC or 1,or Lessees me next form M 0002,x hal I be gas so moral of in mr W u meai�e tinn' Include endorsement indicating that demands U Leonard and el m der comp�shall . me Include an endorsement that I any falicas emplose emuaiun. Include add fornal ins u red andionsoment For blue City of Dubuque,including all its elected amid ammustand cuffici all my dmPwqeS and volu�en,a 11 its boa al cond m your near a a ument gruchouldeas and voluented. Use mo to.CO H o. ion anal. p argument gi If rograndeff northern vehicles am net excluded boom Commersel Gemara fair coverage DI ro v m�mm gn nen my sada u,dame as grem�meep rmmva Excialmonery round Sgm ow Each Schoenthal simow nmq unr-Dr. sv ,ow ngmaymac include.endorsement pursuing a.aal symbo inn m the my ch Dubuque. Page x on Schedule A ngeM Cryogenic 2015 Exac 4 Oh/of Dubuque Insurance Requirements film Tenants and Lessees of Lily property or Vendors(suppliers, service Novhlerd,and Right or way permit homers presentation of Governmental Immunities Endorsement 1. rver aGwermendl lmmunM.The lruumwe mmw babel apm antlsptatbMibe Wrtbass oftblx policy and the lrclWlm of the Cry a Wbuyue,lore az an Almormel Induced does any of the defenses of economical immunity ava tam available the IX/4 Dubuque,Rasa on&,,care, loss yeomen 67) day ft,now less and as it busy be amended firm,time to rare. z Carry Cosmic, Thermal ramw fuTw agrees thal Where a annual shall roe,only those calms not subjectto fine defmss of governmental Immunity under the Code of Iowa sector and ax how be amended from time to time.Those deny not subject to Code of bwa Sectlor d 6]0.4 shad l be reasons Is,the terms and council ofthlx Insurance gamey. 3. reactor of Cuemme immunity The Cur a Wbuyue.china hall be usua le far aborting any defense andoemme ity.and ma/do so of anytime and shall do w upon Mermely rmtren request blithe insurance banner. a. Ial of Cerebral Tre lasurzwe under shall not demur wo de,underarms abbey and the wxhaldot dem act and,added and beMRs sending torte cry of Dubuque.was unip llry far reasons of goremmental immunity unless and our a must ofrwnpetent uhdmm has ruled In beer of the defemelslof governmental mmmuntN earned by the 6ty of Dubuque,lone. No CrIther(Larval Pobw The shore preserwrtm Ngoemmental mmmundra shall rot oMmnze diange w after the awarded andable under the policy SPECIMEN .mars royal dDmaynynrsensors July d,..dan: 5 ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE IMM/DD/YYYY) 11-18-2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 50488 / Cottingham and Butler Insurance Services PO Box 28 800 Main Street Dubuque, IA 52004 CONTACT NAME: PHONE FAX (A/C No, Ext): (A/C No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURED Hillcrest Family Services, Inc. 2005 Asbury Rd. Dubuque, IA 52001 INSURER A: MARKEL INSURANCE COMPANY 38970 INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A GENERAL LIABILITY ❑ 3602SS364930-5 11-01-2015 11-01-2016 EACH OCCURRENCE $ 1,000,000 RI COMMERCIAL GENERAL LIABILITY I-' DAMAGE TO RENTED - PREMISES (Ea occurrence) $ 100,000 ❑ ❑ CLAIMS -MADE g1. OCCUR MED EXP (Any one person) $ 5,000 ❑ PERSONAL & ADV INJURY $ 1,000,000 ❑ GENERAL AGGREGATE $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO- ❑ POLICY ❑ JECT ❑ LOC PRODUCTS - COMP/OP AGG $ 1,000,000 AUTOMOBILE LIABILITY ❑ ANY AUTO ❑ ALL OWNED ❑ SCHEDULED AUTOS AUTOS NON OWNED ❑HIRED AUTOS ❑ AUTOS ❑ ❑ ❑ ❑ COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB ❑ OCCUR EXCESS LIAB ❑ CLAIMS -MADE ❑ ❑ - EACH OCCURRENCE $ AGGREGATE $ ❑ DED ❑ RETENTION $ $ WORKERS COMPENSATIONWC AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A ❑ STATU- _ TORY LIMITS OER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Certificate holder is included as additional insured for operations conducted by the named insured. CERTIFICATE HOLDER CANCELLATION City of Dubuque City Hall 50 W. 13th Street Dubuque, IA 52001 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVEDBO Bruce A. Kay cirals.Ae �^/ 10 ACORD 25 (2010/05) (c) 1988-2010 AORATION. The ACORD name and logo are registered marks of ACORD rights reserved.