Signed Contracts_Hillcrest Family Services for Murphy Park 2017-2018 Holiday EventCity of Dubuque
ITEM TITLE:
SUMMARY:
SUGGESTED DISPOSITION:
ATTACHMENTS:
Description
Hillcrest Services Agreement
Copyrighted
October 16, 2017
Consent Items # 22.
Signed Contracts
Hillcrest Family Services agreement for use of Murphy Park
2017-2018 event.
Suggested Disposition: Receive and File
Type
Supporting Documentation
AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
HILLCREST FAMILY SERVICES
This Agreement, dated for reference purposes the /$1-6day of 411 , G , 2017,
is made and executed between the City of Dubuque, Iowa, (C , 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 td 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,
2017 through January 10, 2018.
SECTION 3. RENTAL. Hillcrest must pay to City on or before October 30, 2017 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, 2017.
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
080717ba1
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.
(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
By:
Michael C. Van Milligen
City Manager
2
HILLCREST FAMILY SERVICES
B
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
LIceneees or Permittees
INSURANCE SCHEDULE A
1. shall furnish a signed oertilleate of Insurance to the City of Dubuque, Iowa
for the coverage required in Exhibit 1 prior to the lone, license, or permit commencement All
lessees of City property and right of way licensees or permitteee shall submit an updated
certificate annually. Each ceetificate shall be prepared on the mast current ACQRD form approved
by the lowa 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 conetniction of , or right of way permitted
location and description
2. An 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. Besre Rating Guide,
3, Each certificate shall be furnished to the _ _ _ Department of the City of Dubuque.
4. The lessee, licenSee, or permittee shall be required to carry the minimum coverageilimits, 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 refereeced the current edition of the form must be used unless
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.
If lessee's, licensee's, or permitteers 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 subesuboontractors 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, Ifeensee, or permittee agrees that it shall be liable for the failure of a
eLlbcoritrector and subnsubcontractor to obtain and maintain such coverage, The City may
request a copy of such certificates from the lessee, lieensee, er permittee.
Page 1 of 4 Schedule A Lessees Of City Property; Right Of Way Licensees or Permittees July 2017
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City of Dubuque insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permit -toes
INSURANCE SCHEDULE A (Continued)
EXHIBIT I
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products -Completed Operations Aggregate LhnlI $1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence $1,000,000
Fire Damage Limit (any one occ.urrence) $60,000
Medical Payments $5,000
1) Coverage shall be written on an'ecc,urrence, not claims made, form. The general
liability coverage shall be written In accord with ISO form CG0001 or business
owners few BP0002. All deviations from the standard ISO commercial general
liability form CO 0001, or Business owners form BP 0002, shaft be clearly
Identified.
2) Include ISO endorsement form CO 25 04 °Designated tocalion(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.
8) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory benefits covering all employees Injured on the job by accident or disease as
prescribed by lows 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
Polley shall include Waiver of Right to Recover from Others endorsement
Nonelection of Workersexonponsation or Employers' Liability Coverage under lowa
Code Seo. 87.22
yes „ fon attached
Page 2 of 4 Schedule A Lessees Of City Property; Right Of Way Licensees or Permittees July 2017
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City of Dubuque Insurance Requirements for Lassoes of City Property and Right of Way
Licensees or Permittees
INSURANCE SCHEDULE A (Continued)
C) ENVIRONMENTAL IMPAIRMENT LIABILITY OR POLLUTION LIABILITY
Coverage required: yes no
Pollution liability GOvorage shall be required If the lessee, contracting patty, 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
Policy Aggregate
$2,000,000
$4,000,000
1) Policy to include premises and transportation coverage.
2) Include additional insured fon
The City of Dubuque, including all its elected and appointed officials, a[I its
employees and volunteers, all its boards, commissions and/or authorities and
their board members, employees and volunteers. Use ISO form CO 20 10.
(Ongoing Operations) as stated in A(6) above,
3) Include Preservation of Governmental Immunities Endorsement.
4) Provide evidence of coverage for 5 years after completion of project.
0) PROPERTY INSURANCE REQUIRED BY LEASE, LICENSE, QR PERMIT
yes no
Evidence of property coverage provided: yes
Included the City of Dubuque as Lender Loss Payable.
E) RIGHT.OFMAY WORK ONLY:
UMBRELLA/EXCESS
yes no
$1.000,000
Umbrella/excess liability coverage must be at least following form with the underlying
policies included herein.
Page 3 of 4 Sohedule A Lesacea Of City Property, Right Of Way Licenseesor Pe
Ju
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City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permit -tees
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonweiverqf 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 Cade of Iowa
Section 670.4 as it is now exists and as it may be amended from tirne to gine,
2. Claims Coveraeo. 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 polley,
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 Coveraoe. 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.
p.Other_Onanoe in PoIlcv, The above preservation of governmental Immunities shall not otherniise
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 Perrnittees July 2017
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