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Signed Contract_Hillcrest Family Services Lease Agreement for Murphy Park 2019-2020 Copyrighted November 18, 2019 City of Dubuque Consent Items # 20. ITEM TITLE: Signed Contract(s) SUM MARY: Hillcrest Family Services agreement for holiday display in Murphy Park. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File ATTACHMENTS: Description Type Hillcrest Family ServicesAgreement Supporting Documentation THE CITY OF Dubuque �—"'�••� — N9•N�xka pql V � � •i� ��t I l�I��.r i Masterpiece on the Mississippi '°°''�012 ; 2013�2fl17 a !i !, ii I� �� TO: Micliael C. Van Milligen, City Manager i, �j FROM: Marie L. Ware, Leisure Services Manager � li SUBJECT: Agreement with Hillcrest Family Services for use of Murphy Park !i for Holiday Light Display ';� �. i DATE: October 18, 2019 ;I � � :�, !i Attached is the Agreement for use of Murphy Park for the Holiday Light Display between ;;; the City and Fiillcrest Family Services. As in the past, the agreement is for October 30, 2019 through January 10, 2020. ; � ;i Legal Department reviewed the agreement and the only changes were revised dates. !'; The Park and Recreation Commission recommended renewing the agreement at their �; October 8, 2019 meeting. `' � Please sign the agreement and then return to our office. i� �� Thanks! ° i IV�LW:kd � attachment , i � � � � � � 1 � AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND HILLCREST FAMILY SERVICES , This Agreement, dated for reference purposes the �day of , 2019, �� is made and executed between the City of Dubuque, lowa, (City), a municipal corporation, � and Hillcrest Family Services, (Hillcrest), an lowa corporation with its principle office in � Dubuque, lowa. ;� � WHEREAS, City is the owner of Louis Murphy Park (the Park); and � 'i WHEREAS, City and Hillcrest desire to enter into an Agreement whereby City ;�� grants permission to Hillcrest to use the Park, upon the terms and conditions hereinafter ;;, stated; �I �i 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 i set forth herein. � _ __ _ I � SECTION 2. �ERM OF AGREEMENT. The term of this Agreement is October 30, � 2019 through January 10, 2020. � SECTION 3. RENTAL. Hillcrest must pay to City on or before October 30, 2019 rent �j�, of$1.00. { i SECTION 4. USE OF PROPER�'Y. � 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 25, 2019. 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 Agreement. All temporary wiring and required ground fault interrupter must be installed by a state 101019ba1 I 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. '� � i (4} Return of all grounds to their original condition after removal of the displays. i'i, !�� (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. ,,i ;; ;; SECTION 7. INSURANCE. Hillcrest shall provide insurance as required by the attached Insurance Schedule A. SE TION �. IND C EMNITY. Hi Ilcrest a re es to save d f n e e d indemnif and hold , , 9 Y harmless City, its officers, agents and employees, against an and all loss, dama e, Y 9 clairns, 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. ;' i SECTION 10. TERMINATION. In the event Hillcrest fails to keep, perform and observe ii in a timely and proper manner any of its covenants or obligations under this Agreement, � City may, at its option, terminate this �igreement by giving twenty-four hours notice to I; 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 HILLCREST FAMILY SERVICES � 4 � By: By: Mich I C. Van Milligen City Manager � � �•rs.� � Printed ame F:\USERS\tsteckle\LindahlWgreements\Hillcrest Services-Murphy Park2019-2020_101019bal.docx19bal I� � 2 � r i I J City of Dubuque Insurance Requirements for Lessees af City Proper#y and Right af Way � Licensees or Permitte�s � INSURANCE SCHEDULE A � � 9. Hillcrest Family Services shall furnish a signed certificate of insu�ance to the City of Dubuque, I� iowa for the coverage requireci in Exhibit I prior to the lease, iicense, or permit commencement. �,� All lessees of City property and right of way licensses or permittees shail submit an updated ' certificate annually. Each certificate shall be prepared on the most currer�t ACC7RD form approved '� by the lowa Insurance Division ar an equi�alent. Eaeh certificate shatl include a statement under ;i Description of Qpera#ions as to why the certifi�ate was issued, Project; Murphy Park Holiday jj Light Display. � � � � i 2. All policies of insurance required hereunder shall l�e wi�h an insurer aut�sorized to da bus�ness in lo�,va and all insurers shall have a rating of A or better in the current A.i�. Bes#'s Rating Guide. Ij 3. Each certificate shall be fumished tv t�e Fi�ance Department o�the City of Dubuque. I I 4. The lessee, iicensee, ar pe�rnittee shall be requir�d to carry the minimum coveragellimits, ar I� greater if required by law Qr mther legal agreement, in Exhibit I. Fai�ure to provide the required I minimum onverage shall not be deemed a waiver of such req�iremer�ts by fihe Ci#y of Dubuque. I 5. Failure to obtain or maintais�the required insurance sha�l be considered a material breach of the I lease, license, or permit. ','I 6, All required endorsernents shall be attached to ce�tificate. ° 7. Whenever a specific ISCi form is referenced the current editian of the form must be used unless ar�equivalent form is approved by the Director a#Finanae and Budget.The Iessee, licensee,or ,I permittee must identifiy and list in writing all deviations and exclusians from the!SO form. � 8. If lessee's, licensee's, or permittee's limits of liability ar�higher thac�the required minimum limits I'�� then the lessee`s, licerasee's, ar permittee's limits shall be this agreemerat's ret�ui�ed limits. � � � � 9. Lessee, licensee, or permit�ee shall require all subcontractors and sub-subcontractors to obtain I� and maintain during#he pe�mrmance of work insurancE for the cnverages described in this � Insurance Schedule and shall obtain certifica#es of ins�a�ance from ala such subeontractors and i sub-subcontractors. Lessae, licensee, or perrnittee agrees that it sha11 be lia�le for the failure of a � subr,antractor and sub-subcontfactor to obtadn and maintain scach cove�age.The City may request a copy af such cestificates from the lessee, lice�see,ar permittee. I i 10. Lessee, lieense&permittees shall be resporrsible for deducti�les and sc9f-insured retention. � Page'I of 4 Schedule A Lessees�f City Property; Right Qf Way Licensees or Permittees May 2019 City of Dubuque Insurance Requirements for Lessees af City Property and Right af Way Licensees or Permittees INSURANCE SCHE�U�E A (Continued} � � EXHlBIT I II A) COMMERCIAL GENERAL LIABILITY �I I General Aggregate Limit �r2,000,000 I� Products-Completed Operatians Aggregate Limit �1,OOQ,040 ', Personal and Adve�tising lnjury Limit $1,0OO,�C10 j Each�ccurrence $1,OOD,at�O 1i Fire Damage Limit�any one occurrence) �5d,00� � Medical Paymerits $5,OOQ �i 1 y Coverage shall be written on an occurrence, not claims made, form. The general r liability coverage shall be written ir�accord with ISC7 form CG L1C101 or business 'h' owners farm BP Qt7 Q2. All deviati�ns fram t�he s�andard ISL7 coinmercia!general � liabi�ity form CG 000�,or Business owners form BP 00(�2, shall be olearly ' identified. i 2) Include ISU endorsernent form CG 25 04"Designated�ocation(s)Gene�al Aggregate Limit." 3) Includs endorsement indicating that coverage is primary and non-contrib�rtory. j 4) li�clu�e PresQtvation of Govemmenta� immunities Endorsement{Sample I attachedJ, i 5} Include additional insured eradorsement for: i The Ci�y af Q�buque, including all its elected and appointed offAeials, al! its � employees and volunteers, a(I its boards, cammissions andlor authorities and ;� their board rnembers, employees and volunteers. Use ISO forrr�CG 20 10 (Ongoing operations) vr its equiwalent. 6) If lessee, licensee, or permittee utilizes Trikkes or Segvvays in the conduct of business, include an endorseme�t re#lecting that these vehicles are not excluded � from Commercial General Liability ooverage. 7) Policy shall inc�ude Waiver of Right to Recover from a#hers Endorsement. i B) WQRKERS'�OMPENSATION� EMPLQYERS LIABILITY Statutory Benefits covering all employees injured on the job by accident or disease as � presoribed by lowa Code Chapter 85. I� , Couerage A Statutaty—State o#lowa � �average B Employers Liability Each Accident $100,OOCt Each Employee-Disease $1�O,CJ00 Pvlicy Limat-Disease �500,OOG Poiicy shall inciude Waiver of Rig#�t to Recover from C�tt�ers endorsemen�. Coverage B limits shall be greater if required by the umbrellalexcess insurer. �R Nc�nelection of Warkers'Compensation or Emplayers'Liabiiiry Coverage under lowa � Code sea.87.22. Completed form must be attached. Pa�e 2 Df 4 Schedule A Lessees�f City Property; Right�f Way Licensees or Permittees May 2q19 � � � City of Dubuque Insurance Requirements far Lessees o#City Property and Right of Way � Licens�es or Permittees • INSURANCE SCHEDULE A (Continued} C) POLLUTION LIABIl�1TY j Coverage required: _yes X n� Pallution liability coverage shall be required if the lessee,contractir�g party, or permitte� �� has any pollutior�exposure for alaafement caf hazardous or contaminate�d materials I� including, but no#limited tv, petrvleum products,the remaval of lead, asbestos, or PGBs. ' Pallution product and completed operatians coverage shall also be cavered. �� Each occurrence $2,DOD,0�0 N Policy Aggregate $4,0OO,OQO jl , ? 1) Policy to ir�clude job site and transpv�tation coverage. �� 2) Include additianal insaared for: p The Ciiy oF Qubuyue, including all iks elected and appointed off9ciais, all its � employees and volunteers, all its boards, corrirnissions and/�r authorities and �II their board members, employees and vafun#eers. Use IS4 fcsrm CG 2010. i {Ongoing operations�or its equi�alent and CG2037(campleted aperations)or I� its equivalenf. 3J Include Preservation o�Govemmenta� lmm�nities Er�dorsement. II� 4) Pra�ide evidence of co�erage for 5 years a�ter completion of project. '� D) PROPERTY INSURANCE REt�UI�tED BY LE�ISE,LIGENSE,OR PERMIT �I f� _yes X no � Evidence of property coverage prov�ded: _yes � Include the Gity of Dubuque as Lender Loss Payable. � 1 E) RIGHT-OP-WAY WORK QNLY: � UMBRELLAIEXCESS �1,00�,000 ,q ti _yes X no , � Um�rel9a/excess liability coverage must be at least follawing form with the underlying � po�icies included herein. � Fj FLOQD INSURNACE _yes X na If Required Coverage � Page 3 of 4 Schedule A Lessees�f Ci�y Properly; Right Qf Way Lice�nsees ar Permittees May 2019 @ � � �� City of Dubuque Insurance Requirements for Lessees of City Prope�ty and Right of Way ili Licensees or Permitte�s � � PRESERVATION OF G�VERNMENTA� IMMUIVITIES ENDORSEIWIENT u '� �. Noi�waiver of Governmentai Immunitv.The insurer expressly agrees and states that the purchase � of this policy and the including af the Gity of Dubuque, lowa as an Additional Insured does not wai�e any � of the defenses vf govemrnental immunity a�ailable to the City of Doabuque, lowa under Code af lowa ;; 5ection 670.4 as it is now exists and as it may be amended frorro time to tier3e, � 0 2. Claims Covera�e.The insurer fua#her agrees that this poiicy of insuranc�shall cover only those '� claims nof subjec#to the defense of governmental immuniiy u�der t�re Cvde vf Iowa Sectior�6�0.4 as it 'I now exists and as it may be amended fram tirne to time.Thase claims not subject ta Code of lawa ,! Section 670.4 shall be covered by the terrns and conditions of this insurance poiicy. �� I 3. Assertion of Governmer�t Irnmunitv.The City of�ubuque, lowa s�all be respc�nsib�e for asserting � any defense of governm�ntal immunity, and may do so at any time and shall do so upon the timely written j! request of the insurer. i; l; 4. Non-Denial of Coveraae. The insurer shail not deny coverage under th�s policy and the insurer � shall not dei�y arry of the rights and benefits accruing to t�e City of Dubuqa�e; lowa under this policy for � reasons of governmental im�,unity unless and until a cou�t�f compefrentjurisdictson has ruled in favor of I' the defense(sJ of governmerztal immunity asserted by the City of Dubu�{ue, Ivwa. �; ii Na Other Change in Policv. The abave presenration af governmental immunities shall not ather�wise � change or alter the boverage availabie under the policy. i �� I �I11�E N � �� (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BfJX6Sj � Page 4 of 4 Schedule A Lessees�f Ci�y Properry; Right�f Way Licensees or Permittees May 2019 � � ��'�� = ;; � f - ` i �. .., . , - , - � _ - . ... � � i� I j. li October 2, 2019 �� f� �I � � �i Marie Ware �' Leisure Services Department � 2200 Bunker Hill Road � �uuuyae, IA 52C�1-3�10 I;I �� ii , Dear Marie: � � Please consider this our official request for use of Murphy Park for the 2019 Reflections in the Park:A �� Hillcrest Lights Festival, what a great legacy of 25 years of partnership. We would like to have the trailers �I arrive on Friday, November 1. We will once again have approximately 80+displays in Murphy Park, with �� many of those being brand new and never seen in our event before. j � , Reflections Gala/Sponsorship Party and drive through for sponsors is scheduled on Tuesday November I; 26. Reflections"Walk Through" is scheduled for Wednesday November 27.As in the past, we will open ; to the public on Thanksgiving Day and be open from 5pm - 10pm nightly through January 4. I�; �� I Last year was an all-time record year for us.We appreciate the great cooperation shown by you and the j Leisure Services Department,the City Council and other City of Dubuque administration. � I� 'i Please direct any questions you may have to Darlene Bolsinger or Event Coordinator, at (563)845-0378. ;� Sincerely, �� I' :,�� G�ry�� er Interim President/CEO Hillcrest Family Services �. � �y.�z�am . � �. � �% �'_., wisconsin conference � �� '�'J�—e�•�-E��NJ❑�.' ��-� �� o . �-K.3� �. _� _ ' _.1 �' { ' \ ju �� Z.��'39 f� ��..��_ ..... � � � � A+�wr�co.�'�mcc e,'��;� s�eod m takea aw IhroNiu . . . - . .. v,.u��,:�'., P�rVee Chcrm ta.sA) � .,..:-:� � _ _ _ �uvvwr.➢�illcr�;st-��,�ar�