Signed Contract_Hillcrest Family Services_Murphy Park Event 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
AGREE�ENT
�ETV1f��N
THE GfTY OF I�UBUQU�, It�VVA
AND
HILLGR�ST FAMIL,Y SERVIGES
lhis Agreemer�t, dated fnr r�ference purposes fhel��jday of�`��, 2Q18,
is made and executed befiween the Gity �f Dubuque, lawa, (City), a municipaC
carporation, and Nilierest Family S�rvices, (Millcre�t}, an low� corpQration with its
principl� offi�e in Dubuque, iowa,
WHER�A�, Gity is th� �wner of C�auis �tlurphy Park {the Park); and
1�/HEREAS, �ify ar�d Nillcrest desire fo enter into an Agreem�nt wher�by City
grants permissic�n to Nillcrest to u�e the Park, upc�n th� terms and conditions hereinaft�r
stated,
NflW, THER�FC}RE, in cor�sideratian af the mutual coven�nts and a r�emenfis II
�
of the Gity and Hil(crest, each to th� o#h�r, it is agreed as fallaws.
SECTt�N '1. PRE�IISES, City h�reby grants t� Hillcr�st the right ta u�e the Park as
�et farth herein.
SECTIC?N 2. TER� �?F AGR���ENT. The terrr� af this Agreement is �ctnber 30,
2018 through January 1Q; 2019.
SECTl4N 3. RENT�L. Hillcresf must p�y to City on or befare Octaber 30, 2018 rent
qf$1.00.
SECTI{}N �. tJSE 4� PRCJF'ERTY.
4.1. Hil(crest �grees that the Park will be used only for a hc�liday light display wh�reby
viewers will drive ar walk through the Park tc� view the display. Hillcrest will require ail
vi�wers to stay on the raadway at all tim�s.
4.2. The (ocation af displays; construction type (if attached to trees ar buildings), arid
alteratians fo grounds, must be approved by City's L�isure Servic�s Manag�r prior to
installatian. A written plan outlining the �bave mentinned items must be submitt�d to
the Leisure S�rviees Manager by �ctober 1, 201$.
SECTtaN 5. GRqUNDS A�C� MAINTENA�VCE, Nillcrest is responsible fc�r the
follawing:
(1) Prampt snow removal from �11 Park roadways.
(2} All electrical canne�tions far th� displ�ys, and th� COS� 4� �I@Gtl`ICItY;
Hillcr�st agrees ta reirnburse the Gity for �N casts during the term of this
082118va1 �
Agreement. All temporary wiring and required ground fault interrupter must be
installed by a state licensed electrical contractar. No utility poles may be
�nergized until approved by the City of Dubuque Building Services Department.
, . ; > (3) Erection and maintenance of the displays.
, :(4) Returr� ;ofi ;�ll; grou�ds fo their original conditian after removal of the
displays.
, (5) Prompt� trash :and �li,tter pickup and removal throughout the term of the
Agreement.
: ' (6) Cbrtipliance:'with a.11:fapplicable City ordinances, including building and
electrical codes.
' SECTION 6:._ MANAGEMENT:;AND CONTROL OF THE PARK. Hillcrest agrees that
City will .contir�ue ta hav�;;�o.(e�.management authority and control of the Park, except
tha� Hillcrest is sblely,.tespon.si�l.e;fior controlling admission to the Park and may charge
an entrance fee.
, SEC;TIQ�V.7; INSURANGE,;�;� HilL.crest shall provide insurance as required by the
� attached Insurance Schedule A.
SECTIQN�8.;, INIJEMNITY , ! Hillcrest agrees to save, defend, indemnify and hold
harmless City; its _off.icers, :ag�ents;,and employees, against any and all loss, damage,
claims�,:causes of;acti,on, judgm�nt�, casts and expenses that City may hereafter suffer,
'incur, be pu# to;_ pay, or�lay;�out„by;,r,eason of the performance or lack of performance by
Hill�rest an.d/or.its:�gen#s and employees of the conditions of this Agreement.
SECTION 9. ASSIGNABI�.ITY. Hillcrest shall not assign or transfer any interest in
this Agreement
SECTI4N 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 immediate(y rernove alf of its dispfays or
other equipment from the Park and restore the Park to its original condition.
SECTIOiV 11. SPECIAL EVENT PERMIT. Hillcrest must apply for and comply with
all requirements of the Special Event Perrnit.
CITY OF DUBUQUE, IOWA HILLCREST FAMILY SERVICES
.
gy; gy; �l.�esa
Michael C. Van Milligen, City Manager ie Heiderscheit, President/CEO
2
City of Dubaque insurance Requirements far l.essees of City Praperty and Right of Way
Licensees or F'ermlttees
1NSURANGE SGHED�11�� �
1. HiUcrest Family Seivices shali furnish a signed certificate of insurance ta the City af Oubuque,
lowa far the coverage�equired in�xhibit!prior to the isase, license,or permlt commencement.
All lessees of Ciry praperty and right of way licensees or permittees shall submit an updaked
oertificate annually, Each certificate sha(I be preparad on the mast cu�rent ACC'�RD Parm approved
by the Ipwa Insurance Division or an equivalent.Each certificate shaii include a statement under
Desoription of Ope�ations as t�why the certificate was issued: Project Murphy Park Nofiday Light
Dispiay.
2. AU policies of insurance required hereundershall be with an insurer authorized tn do business in
lawa and a1I insurers shall have a rating of A or bette��n the current A M. C3est's Rating Guide.
3. Eaeh certificate shaU be furnished ta the�'inance�epartment of the Gity oF Ctulauque.
4. The lessee, licensee,ar pe�mittee shall be required to carry the minimum coveragellimits,or
greater if required by law or ofher IsgaC agreement,in Exhibit I.Fai(urs tp provide the required �
minimum coverage shail not be deemed a waiv�r nf such requirements by the Gity of Dubuque.
5. Fai(ure tn obf�in ar maintain the required insurance shall be consideted a material breeoh nf the
lease, license,.or permit.
6. Ali required endarsements shaii be attacheei tp cerfificate.
7. Whenevar a specific ISO form is ref�renced the currenf edifion of the form must be used unless
an equivalent fnrm iS approved by the Finance C7irector.The lessee, licensee,ar permittee mus#
identify and list in writing all deviations and exclusions from the ISC,�farm.
8. If lessee's,licensee's,ar permittee's limits of liability ate higher than fhe required minimum limits
then the lessee's,licensee's,or permittee's limits shail be this agreemenYs required limits;
9. l.essee,iiaensee,ar permittes sh�ll requ(re all subcorttractars and sub-subcontractors to abtain
and maintain during the performance�f work insurance for the coverages described in this
Insurance Schedule and shall obtain certificates of Insurance from ail such suhcontractors and
sub-subconfracfars. Lessee,licensee,or permittee agrees that it shall be liabie for the failure of a
subcantractor ancl sub-subcantractor ta obtain and maintain such caverage.The City may
request a copy of such cer#iflcafes from the lessee,licensee,or permittee.
Pc�ge 1 pf 4 Scheduia A�assees p�City P�operty;Right Of Way Licensees or Permittees Nnvember 2017
3
Gity of pubuque Insurance Ftequirements for�,essees af City Properky and Ftight af Way
!»icense�s or i'ermitt�s
INSURANGE SCHEDUL.E A (�ontinu�d)
�XHIBIT I
A) GOMM�C2�IAL G�N�RAL LIA81t�lfiY I
General Aggregafe Limit �2,004,000 II
(�roducts-Completed dperations Aggregate l.imit �1,OOD,OQQ
Personal and Advertlsing Injury Limit �1,OQO,qQO
Each Occurrence �1,OQ0,000 �
Fir�C7amage C.imit{any one acourrence} $5Q,000 '
Mediaal Paymenfs $5,000
1} Caverage shali be writker�on an nccurrence,not cCaims made,farm.The general
liability caysrage shalf be written in�ccnrd wlth ISa form GGn001 or business
awners form BP0��2. All deviatia,ns from fhe sfandard iS�oommercial general
liability farm CG 0001,or Business owners form BP Oq02,shali be clearly
identiPled.
2) In�lude ISa endorsement fiarm CG 25 OG°(�asignated L.oCation(s}G�neral
Aggregate Limit."
3) Include endorsement indicating#hat coverag�is primary and non•confributory.
4} Include Preservation pf Governmental Immunities Endotsement(Sample
attached}.
5} lnclude additional insured endorsement for:
The City of Dubuque,inciuding all its elected and appointed afticiais, ail its
emplAyees and volunteers,all its i�oards,commission�and/or.authorities and
their board members,employees and volunteers. Uss ISC)farm GG 2Q'10
{CSngoing operations)or its equivalent.
6) If(essee, licensee,ar permittee utilizes Trikk�s ar 5egways in the conduct of
business,include an endarsament refiectfng that these vehicles are not excluded
from Gnmmeraial Ganeral Liability coverage.
�ij WC?�LK�FiS'GbMP�NSATtt}N&EMP�.C)YERS L.tABit»ITY
5tatutbry i�nefits cnvering all employees injured vn the job by accident or disease as
prescribed by lowa Gode Ghapter 85 as amended.
Caverage A Statufory—State of lowa
Cnverage B �mpiayers Liability
Each Accident �100,OOp
Each Employee-Disease $1C1P,OOt�
Policy Limit-Disease �SQO,Q00
policy shall include W�iver of Right ta R�caver from C7thers endorsement.
tVonelecfion af Workers'Gampensation or Emplayers'Liability Coverage under lowa
�ode sec.87.22
�yes „_,,,,,,,,farm atfached
Page 2 of 4 Schedule A l.essees Of City Property;Right Of Way I.icensees or Permittees Novembar 2Q17
� �
City of Dubuque Insurance Ftequirements for Lessees v�City P�raperty and R�ght of Way
Licensees t�r permitte�s
1NSURANCE SCMEDULE A (Gontinued�
i
G) ENVIRqNM�NTA,L IMPAIRM�N'C LiAB1i�J'tY�R PQI.LUTIqN L,IABILII`Y I
I
cnverage requirea: �yes X nn
Poilution tiability oov�rage shall be required if the lessee,cantracting pariy,or permittee
has ariy poliution exposure for ab�temerit of hazardous or contaminated materials
including,but not limited to,petraleum products, the remnval pf lead,asbestas,or PCBs.
Pollution praduot and completed operatinns aoverage sh�ll alsa be covered. i
E�oh accurrenoe $2,OOp,000 ',
Policy Aggregafe $4,�OQ,dQO '
1) Policy to inclucie job site and tran�portatian caverage.
2} inciude additiona(insured for:
The Cit}r of Dubuque,including all its elected and appainted officiais,ail its
employees and volunteers,all its boards,commissions andlor authorities and
their board members, employees and volunteers.Use ISt7 farm GG 24�IQ.
(Qngoing ope�ations}as stated in A(6)above or its equivalent.
3) Include Preserraffon of Governmental(mrrfunities Endarsement.
4) Provide evideno�of aoverage for 5 years after completian of prnject.
C�j PEtt}PERTY INSUPtAtdCE REt�UIR�p BY L.�ASE,LIGENSi�,dFt��{�MIT
�,,,yes X no
Evidence of property coverage provided: ,,,_,�,,,y.es
Included the Cify of Dubuque as Lender Loss F�ayabie.
�} Ft1GH'T-{}��WAY WqRK ONLY:
tlMBR�LLAi�XC�S5 �1,0OO,�QQ
„_,,,,_,yes X no
Umbreilalexcess liability caverage must be at least folio�ving farm with the underlying
paliaies inaluded herein.
Page 3 of G Scheduie A Lessees Of City Praperty;Right Of Way Licensees or Wermittees November 2097
5
a'
Gityof C?ubuque Insurance Requirsmen#s fQr Lessees of City Praper#y and Ftight 4f Way -
L,ic�nsees ar Permittees
�R�s��tv��r�oN o� ��v���M���r��. ��n�uNiT��s �Naa�s�M���r
1. o ive of Governme t I Immu i .The in�urer expressiy agrees ancl states that fhe purchase
of this palicy and the inciu�ing of the Gity of t�ubuque, lowa as an Additlonal insured does not waive any
of fhe defenses�f governmentaf immunity available t�the City of Dubuque, lawa under Code of lowa
Sectian 674.4 as it is nnw exists and as it may be amended from fime to time.
2. Claims Caveraqe.T'he insurer furfher agrees that this policy of insurance shall caver anly those .
claims not subject to the dePense af govemmental immuniky under the Cods nf lowa Seotion 674.4 as it
now exists and as it may be amended from time to tirne.Thase c(aims not subject to Code af lorva
Sectian 670.4 shall bs cauered by the terms and conditions of this insurance policy.
3. Assertion of Gavernment 1 uni .The Gity of L?ubuqus, lowa shall be respansible far asserting
any deFense of gavernmentai irnmunity,and may cio sa at any#ime and shall da sa upon the timely written
request af the insurer.
4. Non-Denial of Coverape.The insurer shall nat der�y coverage underthis policy and the insurer
shall notdeny any of the rights and bene�ts accruing to the City of aubuque, lowa under this policy for
reasons of governmentai immunity unless and untif a court af competent jurisdictinn ha�ruled in favo�of
the defense{s)of gavernmental immunity ass�rted by th�Gity of[7ubuque, lowa.
Na C�ther Cf�an e' Polic .The above preservatian oP governmental immunities shail no#othenvise
chan�e or alter the coverage availatale under the policy.
(p�PAFi1"MENT MANACa�R: Fll.t»IN ALL BLANKS ANt}GHEGK BqX�S}
Pag�4 of A Sch�dule A l.essees Of Gity Praperty;Right Of Way i�icensees or P�rmittees Ndvember 2017
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