Signed Contract_Area Residential Care Vocational Services Agreement for Litter Pick Up Copyrighted
August 7, 2017
City of Dubuque Consent Items # 28.
ITEM TITLE: Signed Contracts
SUMMARY: Area Residential Care, Inc. for vocational Services;
Canadian Pacific Railroad Amendment to Service
Agreement for Bee Branch Creek Railroad Culverts; Four
Mounds Foundation for use of City-owned building at 1101
Central Avenue; Iowa Department of Health Memorandum
of Understanding for surveillance of mosquito-borne
diseases in Iowa.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
ARC Vocation Services Agreement Supporting Documentation
Candadian Pacific Railroad Culverts Amendment Supporting Documentation
Four Mounds Foundation Agreement Supporting Documentation
Iowa Department of Health MOU Supporting Documentation
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AGREEMENT
BETWEEN
AREA RESIDENTIAL CARE, INC. VOCATIONAL SERVICES
AND
THE CITY OF DUBUQUE, IOWA
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This Agreement, dated for reference purposes the 6%5-� day of 'Jut,y' ,
2017 is made and entered into by and between Area Residential Care, Inc. Vocational
Services (ARC) and the City of Dubuque, Iowa (City).
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Whereas, ARC maintains a supported employment contract/labor service on a
ongoing basis; and
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Whereas, City desires ARC to supply fitter pick-up services.
NOW, THEREFORE, IT IS .AGREED BY AND BETWEEN THE PARTIES'AS
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FOLLOWS:
SECTION 1. SERVICES PROVIDED BY ARC. Beginning on the 1st day of July,:
2017, ARC will provide and perform for City the;services described in the Schedule of
Services, attached hereto as Exhibit A, at the locations indicated.
SECTION 2. ARC PERSONNEL: All personnel furnished by ARC will be employees
of ARC and ARC will pay all salaries and expenses of, and all federal, social security,
federal and state unemployment taxes for, and any similar payroll taxes relating to such
.employees, and will carry workers compensation insurance for such employees. ARC
is, for all purposes, an independent contractor, and will not directly'or indirectly, act as
an agent, servant or employee of City, or make any commitments or incur any liabilities
on behalf of City without City's express written consent.
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SECTION 3. ASSUMPTION OF RISK. ARC will provide for all proper safeguards for
its personnel and shall assume all risks incurred in performing its services hereunder.
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SECTION 4. INSURANCE. ARC will provide insurance as set forth in the attached i
Insurance Schedule A.
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SECTION 5. SPECIAL INSTRUCTONS. Without limiting the responsibility of ARC for
the proper conduct of its personnel and the services to be performed, the conduct of the
personnel is to be guided by the rules and regulations as agreed upon in writing
between City and ARC and any additional special written instructions as may be issued
by City to ARC.
SECTION 6. SUPERVISION. ARC is responsible for the direct supervision of its
personnel through its designated representative and such representative will, in turn, be
available at all reasonable times to report and confer with the designated agents of City
with respect to services rendered.
07-17-17
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SECTION 7. PAYMENT OF SERVICES. In exchange for performance of services,
City shall make payment to ARC for services rendered hereunder at the rate of $23.39
per FTE, with total contract amount not to exceed $3,350.00, payable on the first
working day of the month following the month in which services were rendered. ARC will
give City at least (30) days written notice of any price change for services and City will 1
notify ARC in writing of any changes in the desired services covered by this Agreement.
SECTION 8. FORCE MAJUERE. ARC will perform all services required hereunder,
except when prevented by strike, lockout, act of God, accident or other circumstances
beyond its control.
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SECTION 9. INDEMNIFICATION. ARC agrees to defend, indemnify and hold
harmless City, its officers and employees, from and against any and all claims of any
kind arising out of the negligence of ARC, its officers, agents and employees, in the
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performance of this Agreement.
SECTION 10. TERM. The term of this Agreement is from the 1st day of July, 2017 '
until midnight on the 31st day of :October, 2017. Notwithstanding the foregoing, this
Agreement may be terminated by either party for any reason with or without cause upon
(30) days written notice by registered mail to the Other party.
SECTION 11. ENTIRE AGREEMENT. This Agreement may be executed in any
number of counterparts, and together with the: attached Schedules contains all the I
covenants and agreements between said parties with respect to the subject matter of
this Agreement.
SECTION 12. SUPPLIES. All supplies to be used for safety purposes (masks,
hearing protection, goggles, gloves, eye protection, and helmets) will be provided 'by
ARC.
CITY OF DUBUQUE, IOWA AREA RESIDENTIAL CARE, INC.
VOCATIONAL SERVICES
By: By. 7--IT-1-7
Michael C. Van Milligen Jahn Grothjan
City Manager Community Service Director
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EXHIBIT A
SCHEDULE OF SERVICES
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Tasks to be done for Leisure Services Parks Division,
Leisure Services will supply trash bags and rakes. Crew leaves any trash picked up by
the trash cans at the Park. If it is rainy weather it is OK to reschedule the pick up on the
next day. Pop cans and bottles picked up are an Area Residential Care option on how
to dispose or redeem.
Locations:
1. Skate Park by McAleece Field on City Island, Pick up litter on Monday and
Thursday. Pick up the litter inside and outside the fence and around the parking lot.
Estimated 2 FTE hours each day.
v Grandview & Delhi. First priority is raking of
2. Allison-Henderson Park b North Grandvi
the wood chips by the playground equipment. Workers should level the chips and make
sure there is a safe amount under.each piece of equipment. Second priority is to pick
up the litter by and around the park, as time is available. j
2 hours FTE, one day per week.
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3: Comiskey Park on 25th and Jackson Streets. First priority is raking of the wood
chips under the playground equipment. Second priority is to pick up the litter in the
entire park, as time is available. j
2 hours FTE, one day per week.
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4. Bunker Hill Offices, First priority is to pick up all litter around buildings, garages,
and parking lots. Second priority is to pick up litter along Grandview Avenue by the golf i
course from the street to the fence.
2 hours of FTE.
Other tasks and areas as mutually agreed upon.
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INSURANCE SCHEDULE A
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City of Dubuque Insurance Requirements for Tenants and Lessees of City Property or
Vendors(Suppliers,Service Proutders),or Right of Way Pernik Holders
Insurance Schedule A
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i. shalt furnish asigned certificate of Insurance(col)to the city of nuhuque,Iowa for I
the coverage required in Exhibit 1 prior to contractor lease commencement_All lessees of city property
and Right of way Permit Holders shall submit on updated cop annually.Each Certificate shall be prepared
on the most current AGORD form approved by the Department of Insurance or an equivalent.Each
certificate shall include a statement under Description of operations as to why issued.Eg:Project
# ort.easeofpremisesat or construction of or right of way
permitted location and description
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2. All policies of Insurance required hereunder shall be with a carrier authorized to do business in Iowa and
all carriers shall have rating of A or better in the current A.M.nest's Rating Guide.
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3. Each certificate shall be furnished to the contracting department of the City of Dubuque_
4. Failure to provide minimum coverage shall not be deemed a waiver ofthese requirements by the city of
Dubuque.Fallura to obtain or maintainthe regrived insurance shall be considered a material breach of
this agreement_ i
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9.:. All required endorsements to various policies shall be attached to Certificate of insurance. I
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5. Whenever a specific ISO form is listed,an equivalent form may be substituted subject to the provider
Identifying and listing in writlrng all deviations and exclusions that differ from the t5O form_
7. Provider shall he required to carry the minimum coveragelfimits,or greater if required bylaw or other
legal agreement,in Exhibit I.
S. Whenever an 15O form is referenced the current edition of the form must be used.if provider's I imits of
liability are higher than the:required minimum limits then the provider's limits shall be this agreemenes
requIlred limits_
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Page i of!I Schedule AProp"or Vendors May 2016 J
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City of Dubuque Insurance Requirements for Tenants and Lessees of City Property or
Vendors(Suppliers,Service Providers),or Right of Way Permit Holders
Insurance Schedule A (continued)
Exhibit I
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A) COMMERCIAL gUJU AUJaWLrrY
General Aggregate Limit $2,000,DOD 1
Productsrenmplated Operations aggregate Limit $110001000
Personal and Advertising injury Urnit )x,000,000
each Occurrence $100t1,OD0
Foe Damage Limit(any one accurrenre) $ 50,000
Medical payments $ 5,000
a) coverage shall be written on an occurrence,notclaims made,form.The general liability
coverage shall be written in accord with Iso farm mowi or business owners form HP000z
All deviations from the standard iso commercial general liability form W 0001,or Business
owners farm Bp 0002,shall be dearly identlited:
b) include ISO endorsement form Cr 25 04"neng mted Location(s)General Aggregate Limit"
c) Include endorsement indicating that coverage is primary and non-watributory_
d) Include endorsement to preserve Governmental Immunity.(Sample attached),
e) indudeanendorsement that deletes any fellow employee exdusion.
f) include additional insured endarsementfor
The City of nuhuque,including an its etectea and appointed officials all its employees
and volunteers,all its boards,commisslons`and/or authorities and their board members,
employees and volunteers,use LSO form Cd zo io(Chigo[rig operations)or its
equivalent
g) Ifvendorutilizes Trikkes orsegvmys in the conduct of business,include an endorsement
reflecting that these vehicles are not excluded fram Commerdai Genera[l.iahRW coverage-
B) WORKER4'GOMRE(� f}�1ON&EMPLOYEISI lAB ILU
statutory benefits covering all employees injured on the fob by accident or disease as prescribed by
Latta code chapter a5 as amended.
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Coverage A Statutory—state of laws
coverage B Employers Liability
Each Accident Sx0o,000
Each Employee-Disease si0000c
Policy Limit-Disease $500,000 i
Policy shall include an endorsement providing a waiter of subrogation to the city of Dubuque. l
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C) Pollution Liability Coverage,required_ yes no
Pollution Liability coverage shall be required if lessee hasarrypallution exposures including l
abatement of hazardous or contaminated materials including,but not limited to,petroleum products,
the removal of lead,asbestos,or pen`s.Pollution product and complete operations coverage shall
also be covered.
$2,000,000 each Occurrence
$4,000,[1(10 policy aggregate i
a) Policy toinclude premises-and transportation coverage.
b) Include additional insraed as stated in Af above.
c) include preservation of governmental immunityasstated in Ad above.
d) Provide evidence ofcoverage forSyears after compfetionofproject.
Page z of 3 Schedule AProperty Or Vendars May 2015
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City of Dubuque Insurance Requirements for Tenants and Lessees of City Property or
Vendors(Suppliers,Service Providers),or Right of Way Permit Holders
Preservation of Governmental Immunities Endorsement
1_ Nonwaiver of Governmental Immunity_The insurance carrierexpressfy agrees and states that:the
purchase of this policy and the including of the City of Dubuqua,Iowa assn Additional Insured does
not waive any of tha 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_
Z Claims Coverage_The insurance carrier further agrees that this policy of insurance shall mver only
those claims not subject to the defense of governmental immunity underthe Carie of Iowa Section
670.4 as it now exists and as it may be amended from time to time_Those claims not subject to 1
Code of lowa.Section 670.4 shall be covered by the terms and conditions of this insurance policy.
A. Assertion of Government Immunity.The City of Dubuque,Iowa shall beresponsible for asserting any
defense of.govemmental immunity,and may do so at any time and shall do so upon thetimeiy
written request of the insurance carrier.
4. f ifdn-Qenial of Coverage_The insurance carrier shall not deny coverage under this policy and the
insurance carrier shall not deny any of the rights and benefits accruing to the City of Dubuque,Iowa
underthis:puricyforreasons of governmental immunity unless and until a court ofcompetent
jurisdiction has ruled in favor of the defernse(s)of governmental immunity asserted by the City of
Dubuque,Iowa. i
No CitherChan a in Policy.The above preseruatian of govemmental immunities shall not otherwise
change oralmr the coverage available under the policy-
SPECIMEN
olicy.SPE IM N �
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Page 3 of 3 schedule A Property or vendors May 21338
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