Signed Contract_Four Mounds Foundation Agreement 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
AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
FOUR MOUNDS FOUNDATION
This Agreement, dated for reference purposes the day o*i '
,2017, is
made and executed between the City of Dubuque, Iowa, (City), a( rporation,
and Four Mounds Foundation, (Four Mounds), an Iowa non-protion with its
.principle office in Dubuque, Iowa.
WHEREAS, City and Four Mounds desire to enter into an agreement whereby City
grants permission to Four Mounds to use the former Colts Drum and Bugle Corps building
located at 1101 Central Avenue owned by City (the Building), upon the terms and
conditions hereinafter'stated.
NOW, THEREFORE, in consideration of the mutual covenants and agreements of
the City and Four Mounds, each to the other, it is agreed as follows:
SECTION 1. PREMISES. City hereby grants to Four Mounds the privilege to use the
Building as set forth herein.
SECTION 2. TERM OF AGREEMENT. The term of this Agreement is November 4, 2017
through April 28, 2018.
SECTION 3. RENTAL. Four Mounds must pay to City on or before November 4, 2017
rent of$1.00.
SECTION 4. USE OF PROPERTY.
4.1. Four Mounds agrees that the Building will be used only for the Winter Farmers
Market.
4.2. Four Mounds sponsors the Winter Farmers Market from 9:00 a.m. to 12:00 noon
every Saturday from November 4, 2017 through April 28, 2018. Setup for the Market will
begin at 7:30 a.m. with doors closing at 1:00 p.m. The use of the Building will be limited to
these Saturdays and the times listed.
4.3 Four Mounds will provide tables and chairs that will be set up and taken down each
Saturday and stored in the location designated by the Leisure Services Manager. If tables
and chairs are left set up, they may be used for other events that might take place in the
Building on other days and times of the week that are not designated in this Agreement.
4.4 Four Mounds will be allowed to use only the main meeting area, kitchen area and
restrooms of the building.
062117ba1
4.5 City will provide one key to the volunteer of Four Mounds assigned to opening and
closing the Winter Farmers Market. The key will be provided on the first day of the Term of
this Agreement and must be returned to the Leisure Services Manager on the final day of
the Term of this Agreement.
SECTION 5. GROUNDS AND MAINTENANCE. Four Mounds is responsible for the
following:
5.1 Returning the Building to the condition prior to its use by Four Mounds after each
Farmers Market day. The areas used shall be swept and/or mopped after each use and
restrooms cleaned at the end of use.
5.2 Collecting and removing trash during the Term of the Agreement.
5.3 Complying with all applicable City ordinances, including building and electrical
codes.
SECTION 6. MANAGEMENT AND CONTROL OF THE BUILDING. Four Mounds
agrees that City will continue to have sole management authority and control of the
Building.
SECTION 7. INSURANCE. Four Mounds must provide insurance as required by the
attached Insurance Schedule AA.
SECTION 6. INDEMNITY. Four Mounds 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
Four Mounds and/or its agents and employees of the conditions of this Agreement.
SECTION 9. ASSIGNABILITY. Four Mounds may not assign, transfer, or sublet any
interest in this Agreement.
SECTION 10. TERMINATION. In the event Four Mounds 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 delivering twenty-four(24)
hours written notice to Four Mounds, in which event Four Mounds must immediately
remove all of its displays and other property and equipment from the Building and restore
the Building to its condition prior to the commencement of the Term.
CITY OF DUBUQUE, IOWA FOUR M ' NDS OUNDATION
By: By.
Michael C. Van Milligen Chris Olson
City Manager Executive Director
2
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permittees
INSURANCE SCHEDULE AA
I. Fou g d1O G IV-95' 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. Eg: Project# or lease of
premises at or construction of or right of way permitted
location and description //O/ C LI-Q
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 o``ff-A or betterinthe current A.M.Best's Rating Guide_
3. Each certificate shall be furnished to the/2 W-1 V 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 I
an equivalent form is approved by the Finance Director.The lessee,licensee,or permittee must
identify and list in writing all deviations and exclusions from the ISO form.
I
8. If lessee's,licensee's,or penmittee'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.
Page 1 of 4 Schedule AA Lessees Of City Property; Right Of Way Licensees or Permittees April 2017
3
r
i
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permittees
INSURANCE SCHEDULE AA (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 fonn C(30001 or business
owners form BP0002. All deviations from the standard ISO commercial general
liability form CG 0001,or Business owners form BP 0002,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 an endorsement that deletes any fellow employee exclusion.
6) 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.
7) If lessee,licensee,or permittee utilizes Trikkes or Segways in the conduct of
business,include an endorsement reflecting that these vehicles are not excluded
from Commercial General Liability coverage.
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 as amended.
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.
Nonelection of Workers'Compensation or Employers'Liability Coverage under Iowa
Code sec.87.22
—yes —form attached
Page 2 of 4 Schedule AA Lessees Of City Property; Right Of Way Licensees or Permittees April 2017
4
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permittees
INSURANCE SCHEDULE AA (Continued)
C) ENVIRONMENTAL IMPAIRMENT LIABILITY OR POLLUTION LIABILITY
Coverage required: _yes _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 premises and transportation coverage.
1) 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 CC 20 10.
(Ongoing operations)as stated in A(6)above.
2) Include Preservation of governmental Immunities Endorsement.
3) Provide evidence of coverage for 5 years after completion of project.
D) PROPERTY INSURANCE REQUIRED BY LEASE, LICENSE,OR PERMIT
yes _no
Evidence of property coverage provided: _yes
Page 3 of 4 Schedule AA Lessees Of City Property;Right Of Way Licensees or Permittees April 2017
5
P
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permittees
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 ender 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
Page 4 of 4 Schedule AA Lessees Of City Property;Right Of Way Licensees or Permittees April 2017
6