Signed Contract_Four Mounds Winter Market_1101 Central Avenue Building Copyrighted
October 15, 2018
City of Dubuque Consent Items # 21.
ITEM TITLE: Signed Contract(s)
SUMMARY: Blackstone Environmental, Inc., contracts (3)for West
Blum Site environmental cleanup; Four Mounds Usage
Agreement for use of 1101 Central for the 2018-2019
W inter Farmer's Market; Hillcrest Family Services Usage
Agreement for use of Murphy Park for 2018 Reflections in
the Park event.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
Blackstone Environmental, Inc. Contract(s) Supporting Documentation
Four Mounds UsageAgreement Supporting Documentation
Hillcrest Family Services UsageAgreement Supporting Documentation
i
�
. a
Dubu ue
THE CTTY OF �
D�L � 1-AmerieaC'i
1 in
Masterpiece on the Mississippi Z�,.Zo1Z.2o1,
TO: Michael C. Van Milligen, City Manager ,
FROM: Marie L. Ware, Leisure Services Manager I�
SUBJECT: Agreement with Four Mounds to Use 1101 Central Avenue (Colts
Building) for Winter Farmer's Market
DATE: September 14, 2018
INTRODUCTION
The purpose of this memo is to request your signature on the attached Agreement with
Four Mounds Foundation to use 1101 Central Avenue (Colts building) for the Winter
Farmer's Market from November 2018 through February 2019.
DISCUSSION
The Winter Farmer's Market has been held in the Colts Building for a number of years.
The Winter Farmer's Market is sponsored by Four Mounds Foundation. The planning
will begin for the renovation of this building soon however renovations will not begin until
Fall 2019 through spring of 2020 after the bonds are sold in February 2019.
The Agreement is for Saturdays, November 3, 2018 through February 23, 2019 per
Four Mounds request.
As you are aware in February, 2019 Four Mounds will be moving the Winter Farmer's
Market to their new location.
RECOMMENDATION
I respectfully recommend your signature on the attached Agreement.
attachment
i
I
i
�
AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
FOUR MOUNDS FOUNDATION
This Agreement, dated for reference purposes the� day of o4�•t�G��018,
is made and executed between the City of Dubuque, lowa, (City), a municipal corporation,
and Four Mounds Foundation, (Four Mounds), an lowa non-profit corporation with its
principle office in Dubuque, lowa.
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 3,
2018 through February 23, 2019.
SECTION 3. RENTAL. Four Mounds must pay to City on or before November 3, 2018
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 firom November 3, 2018 through February 23, 2019. Set up 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 those 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.
091418ba1
4.5 City will provide one key to the volunteer of Four Mounds assigned to op.ening 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 each 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. MA►NAGEMENT 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 A.
SECTION 8. 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 MO FOUNDATION
By: BY�
Michael C. Van Milligen Chris Olson
City Manager Executive Director
F:1Usersltsteckle\LindahllAgreementslFour Mounds to Use Colts Bldg-WinterFarmersMarket201f3-2019_091418.docx
2
Glty of Dubuque Insurance Requirements f.or Le�sees of City Property and Right of 1Nay
Licensees or Permittees
INSURANCE SCHEDULE A
1. Four Mound�Fourtd.ation shall furnish a signetl certificate of'insurance to the City of Dubuque,
lowa for the coverage requir�d in Exhibit I prior to the lease, license,ar permit commeneement.
All lessees of City property and right of way licensees or permittees shall submi#an upda.ted
cerfifcate annually,Each certiPicate 5hall be prepared o�the most currerit AGORD form approVed
by#he lowa Insurance Division Ar an equivalent.Each certiPicat�shall include a statement under
Description o�Qperatior�s as to why the a�rtificate was issued.Eg; Winter Farmers Market..
2. All poliai�s n�insuranCe re,quired hereund�r sh.all b�with an ins.urer authorizedto do business in
low�and all insurers shall have�r�ating of A car better.in th�currerrt A.M. BesYs,Ra#ing Gufd�;
3. Ea�h.c�rtificate shall be fumished ta th�Finance Departm�rit ofi the City�f Dubuque.
4. The Jessee; licensee, or p�rmittee shall be required to carry th�mirrimum coverage/limits,or
grea#er if r�quireci by law or other legal agreement,in Exhibit C Failure to provide the re�uired
minimum coverage shall not be.deemed a waiver of such requirements by the City of Qubuque:
5. F.ail.ure tp qbtain o�maintain the required inswcance shall be considQr�d a material bre�ch of the
lease, license, or permit.
6. All required endorsements shall be aitached to certificate.
7. VVhenever a speeific ISO form is refereneed'the current edition of the form must be used unless
an equivalent form is approved b}I the Finance DireGtor:The lessee, licensee, or permittee must
identify and list ir�writing all deviations and exclusions from the I�D fo.rm:
8. If IessQe's, lic,ensee's,ar 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 agreem�n�'s reguired limits.
9. Lessee, licensee,or permitte�shall require all subcontractors and sub-subcontrac#ors to abtain
�nd maintairt during#he perto[mance of v�ark'insurance far the caverages desctibed in this
Insurance Schedule and shall obtain.certifieates of insurance from all such suk�cantractors and
sub-subcontr�ctors.Lessee, Ilcens�e, or permittee agress that it shall be liable for the failure of a
subcontra�tor and swb-subcor�ractar to obtain and maintain such ooverage.The City may
r�quest a c�py c�f such certificat�s from the lessee, I(ce;nsee,or p�rmitkee;
Page 1 of 4 Schedule A Lessees Of City Property;Right Of Way Licensees or Permittees November 2017
3
Ci#y of Dubuque Insurance Requirements for Lessees of City Property and Right of 1Nay
Licensees or f'ermirtees
INSURANCE SCHEDULE A (Continued)
EXHIBIT'I
A) COMMERCIAL GENERAL LIABILITY
Generaf;Aggregate Limit $2,OOD,q00
Products-Completed tJperafions Aggregate Limit $1,000,004
PersUnal and Advertising Injury Lirnit $1,OOO,QpQ
Each Occurrenee $1,00O,OOQ
Fire Damage Limit(any nne occurrencej $50,OOQ
Medical Paymer�ts $5,t100
1� Coverage shall be written on an occurrenae,no#claims made,form.The general
liability coverage shafl be written in accord with I�C�form�G0001 or business
o�n±ners form BPOp02. All deviations from the standard ISO commercial general
liability form C�0001,or Business owners form BP OOD2,shall b�clearly
identified.
2) Inolude IS�endorseme�form GG 25 04"Desi�nated Location(&)Genetal
Aggregate Limit."
3) Include endorsement indicating that soverage is�irimary and non-contributory.
4) fnclude PreseNation of Govemmental Immunities Endo�sement(Sample
att�ched).
5j Include additional insured endorsement for:
The City of Dubuque, including all its elected and appoir�ted officials,all its
employees and volunteers,all its boards,commissions and/or authorities and
their board members, employees and volunteers: Use ISK7 form CG 2010
(Ongoing op�rations}or its equival�nt.
6) If lessee, licensee,or permittee.utilizes Trikkes or Segways in the conduct of
business,inclurle�n endorsement reflecting that these vehicles are not excluded
from Commercial General Liability coverag�.
B} WORKERS'COMPENSATION�EMPLOYERS LIABILII'�f
Statutory benefits covering all emplo.yees:inJured on the job by accident or disease as
prescribed by lowa Code�hapter 85 as�mended.
Coverage A Statutory—Stateof lowa
Coyerage B Employers Liabili#y
Each Accident $1OQ,000
Each Employee-Disease $10�,000
Policy Limit-Disease $500,000
Policy shall inelude Waiver of Right to Recover from Others endo[sement.
Nonelection of Workers'Compensation or Employerc'Liability CoVerage under lowa
Gode see.87.22
_yes _form attached
Page 2 of�} Schedule A Lessees Of City Prbperty;Right Of Way Licensees or Rermittees November 2017
4
City of Dubuque Insurance Requir.ements far Less�es of City Propertyand Right of Way
Licensees or Permitfees
IN�URAN�E SCHEDULE A (Continued)
C) ENVIRONMENTAL IMPAIRMENT LIABfLITY OR R.OLLUTION LIABILITY
Goverage required� _yes X no:
Pollution liability coverage shall be required if the lessee,cantracting party, or permiftee
has arry pollution exposurs fbr abatement of hazardous orcontamfnated materials
including,,buE not limited to, pe#roleum products,the removal of lead,asbestos;ar PCBs.
PoTlution product and completed operations coverage shall also be covered.
Each oecurrence $2,00O,OOQ
Policy Aggregate >$4,DOO,OOQ
1) Policy to incl:ude job site and transportation coverage,
_
2) Inclu e additianal insured for.
The City of Dubuque,incCuding all.:its elected and appoir�ted offibials,,all ifs
employees.and vdlunteets,all its boards,commissiansandior.authorities,and
their board rnembers, employees:and volunteers:Use ISD'form C�2010:
(Ongoing operations)as stated in A(6)above or its equivalent.
3) Include Preserva#fan of Governmental Immunities Endorsem�nt.
4) Provide evidenc�of coverage for 5 years after completion ofprojeeti.
D) PROPERTY INSURANCE REQUIRED BY LEASE,LICENSE,OR P.ERMIT
_yes X no
Evidence of properly Goverage provide�d: _yes
Included th�City of Dubuque as L�nder Lass Pay�ble..
EJ RIGHT-OF-WAY WORK QNLY:
U.MBRELLAlEXCESS $1,OC�O,OQO
_yes X no
Umb�ella/excess liability coverege must be at least following form avith the u�derlying
poiicies included herein.
Page 3 of 4 Sehedule A Lessees Of Gity Property;Right Of Way Li�ensees or Permittees November 2017
5
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permittees
PRESERVATI4N OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
'1. Nonwaiver of Governmeritaf lmrnuniiv.The insurer expressly agrees and states that the purchase
af this policy andthe including of the City of Dubuque; lowa as an Addifional Insured does not waive°any
of the defenses of governmental immunity available to the City of Dubuque, lowa under Code of lowa
5ection 670.4 as it is now exists and as it may be amended from time,to time.
2. £laims Coveraae.The insurer further agrees that this policy of insurance shall couer only those.
claims not subject to the tlefense of governmerital immuniiy under fhe Code of lowa Section 670.4 as it
now exists and as it may be amended frarri tirne to time.Those claims nat subject to Code of lowa
Section 670.4 shall be co�eted by the terms and conditions of this insurance policy:
3. Assertioi�of Gavernment Im►nun�The Gity of Dubuque, lowa shali be resperosible for assertinc�
any defense of governrnental immunity,and may do sa at any time and shall do so upon the timely writter�
request;,of the insurer.
4. Non-Denial of Cnveraae.The insurer shall not derry coverage under this policy and the insurer
shall not deny arry of the rights and benefits accruing to the City of Dubuque, lowa under this policy for
reasons oP govemmental immunity unless and uritil a cou�t of competen#jurisdiefiion has ruled in favor of
the defense{s)of governmer�tal immunity asserted by the City of Dubuque, lowa.
No Other Change in Policv.The above preservation of governmental immunities shall not otherwise
change or altet the coverage avaflable under the policy:.
�PE�IM�N
(DEPARTMENT MANAGER: FILL IN ALL BLANKS AND GHECK BOXES)
Page 4 of 4 Schedule A Lessees Of CiEy Property;Right Of Way Licensees or Permittees Npvember 2017
6