Signed Contract_Don Dixon_2020 Miller-Riverview Park Management AgreementCity of Dubuque Consent Items # 12.
ITEM TITLE:
SUMMARY:
SUGGESTED DISPOSITION:
Copyrighted
June 1, 2020
Signed Contract(s)
Dubuque Water Sports Club 2020 Lease for a portion of
Miller -Riverview Park; Management Agreement with Don
Dixon for Miller -Riverview Park and Campground.
Suggested Disposition: Receive and File
ATTACHMENTS:
Description
Dubuque Water Sports Club 2020 Lease
Don Dixon Management Agreement - Miller -Riverview
Park and Campground
Type
Supporting Documentation
Supporting Documentation
Masterpiece on the Mississippi
Dubuque
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2007-2012
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TO: Michael C. Van Milligen, City Manager
FROM: Marie L. Ware, Leisure Services Manager
SUBJECT: Miller Riverview Park and Campground Management Agreement for
Signature
DATE: May 13, 2019
INTRODUCTION
The purpose of this memorandum is to request your signature on the attached
management agreement with Don Dixon for the management of Miller Riverview Park
and Campground and Dubuque Water Sports Club.
DISCUSSION
A memo was submitted and approved on May 5th, 2020 to contract with Don Dixon for
the 2020 camping season at Miller Riverview Park and Campground and Dubuque
Water Sports Club based on a modified agreement. The agreement was updated by
Senior Counsel, Barry Lindahl from the City Attorney's office with the parameters
outlined in the prior memo. The agreement states the City will pay the manager $1 for
his services and reimburse him for the cost of the insurance and bonding required for
the City which is not to exceed $1600.00.
ACTION REQUESTED
I respectfully request your approval of the attached management agreement between
the City of Dubuque and Don Dixon, Miller Riverview Park Campground Manager and
authorize my signature on said agreement.
Prepared by Steve Fehsal, Park Division Manager
Attachment
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MANAGEMENT AGREEMENT
FOR CAMPING
AT MILLER RIVERVIEW PARK
AND
DUBUQUE WATER SPORTS CLUB
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
DON DIXON
This Agreement, dated for reference purposes the /,day of May, 2020, is made
and entered into by and between the City of Dubuque, Iowa (City), whose address for the
purposes of this agreement is 2200 Bunker Hill Road, Dubuque, Iowa, and Don Dixon
(Manager), whose address for the purposes of this Agreement is 1203 State Street,
Bellevue, Iowa, 52031.
SECTION 1. TERM. The Initial Term of this Agreement is from April 1, 2020 until
midnight on October 31, 2020. This Agreement may be renewed for three (3) one-year
terms commencing April 1st, 2021 2022, and 2023 provided Manager requests in writing
each such extension by February 1st of the Initial Term and any subsequent Term and
City agrees to each such extension in its sole discretion. This Agreement may be
terminated by City upon three (3) days' written notice delivered to Manager and by
Manager upon thirty (30) days' written notice delivered to City.
SECTION 2. MANAGEMENT. Manager will manage the camping operation at Miller
Riverview Park and Campground (the Park) and the Dubuque Water Sports Club (the
Club) as follows:
(1) Manager will register camping units not registered through the online
reservation system, collect fees, keep accurate and detailed records, and open
and close the Park and the Club.
(2) Manager will make ail records available for review by City on a monthly
basis or as desired by City.
(3) Manager will also collect fees and manage and oversee camping at the Park
and the Club.
(4) Manager will manage the Park and the Club in such a reasonable manner
as to enhance the reputation of the City of Dubuque and will not do anything which
might unreasonably damage that reputation. Manager will provide excellent
customer service to campers and the public.
(5) Manager will have no responsibility nor any liability for any condition of the
grounds, roads, and premises in the Park and the Club not caused or created by
Manager.
051120ba1
(6) Manager must supervise the Park and the Club, including the enforcement
of rules, regulations, and ordinances established by City. Supervision includes,
but is not limited to, hours of operation, sale of concessions, ban on swimming in
the river, ban on the consumption of keg beer and ban on sale of alcoholic
beverages.
(7) Manager must clean the rest room facility and keep the Park and the Club
reasonably free of litter and debris. Rest rooms will be cleaned a minimum of twice
every day, once in the morning and once in the evening. In addition, rest rooms
should be checked and cleaned if necessary at noon and at closing time.
Additional cleanings may be necessary due to the number of campsites being used
and general Park and Club use. Cleaning shall include, but is not limited to,
cleaning sinks, mirrors, showers, and toilets; mopping the floor; removing trash;
and removing dust, dirt, and cobwebs from inside and around exterior of rest room
facility and restocking supplies.
SECTION 3. CITY RESPONSIBILITY. The following are the responsibility of City:
Refuse collection, all expenses associated with operating and maintaining
the rest rooms except the actual cleaning;
Tree trimming;
Snow management;
Clean up after floods, cutting the grass;
Natural gas costs for heating the hot water in the rest rooms and for
Manager to use for Manager's camper/office;
Electrical costs associated with Manager's trailer/office;
Bags to collect dog feces in the dispensers;
Cost of cleaning the fire pits, cost of putting down stone to keep the roads
in good repair;
Cost of repairing the asphalt roads, maintaining the signage throughout the
Park and the Club; and
Cost of cleaning the pavilions at the north end of the Park, and turf repair.
SECTION 4. MANAGEMENT FEE. Manager will be paid a Management Fee of $1.00.
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SECTION 5. INDEPENDENT CONTRACTORS. City and Manager agree that the
relationship between them is not that of employer and employee, but rather that Manager
is an independent contractor. City will not provide worker's compensation insurance
coverage or any other insurance for the benefit of Manager.
SECTION 6. FUNDS RECEIVED. Manager will follow the Leisure Services
Department Money Handling Policies, a copy of which is attached hereto, for funds
collected.
SECTION 7. CONCESSION BUSINESS. This Agreement does not allow for the
operation of a concession business or any other type of business by Manager at the Park
or the Club without the prior written approval of City. If City approves a concession,
Manager must pay City ten percent (10%) of gross sales for the sale of all concession
items. Each concession item must be approved by City.
SECTION 8. BOND. Manager must obtain a fidelity bond satisfactory to City in an
amount not less than $25,000.
SECTION 9. INSURANCE. Manager shall provide insurance as described in the
attached Insurance Schedule L at all times during the performance of services pursuant
to this Agreement. City will reimburse Manager for the actual expenses of insurance and
the required bond upon receipt of a statement from Manager for such expense but not to
exceed $1,600.00.
SECTION 10. INDEMNIFICATION. Manager agrees to defend, indemnify and hold
harmless City, its officers and employees from and against any and all claims arising out
of Manager's negligence in the performance of this Agreement. This indemnification does
not apply to any claims arising out of any condition of the grounds, roads, or premises in
the Park or the Club not caused or created by Manager.
CITY OF DUBUQUE MANAGER
By:
By:
Michael C. Van Milligen Don Dixon
City Manager
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LEISURE SERVICES DEPARTMENT
MONEY HANDLING POLICIES
MILLER RIVERVIEW PARK CAMPGROUND
Assignment
Position Title or Primary Individual(s) Name
Segregation of Duties
A
Biller/Invoicer
Confidential Account Clerk
Cannot also be B, C, or D
B
Cash Collection
Point Cashier
Campground Managers
Cannot also be A, D, or E
C
Cash Collection
Point Supervisor
Campground Managers
Cannot also be A or E
(Enter N/A if assignment is
not applicable)
D
Deposit Preparer
Campground Managers
Cannot also be A, B, or E
E
Reconciler
Confidential Account Clerk
Cannot also be B, C, or D
Miller Riverview Park campground is a city -run campground operated through the Park
Division. The Leisure Services Department contracts with a campground manager on an
annual basis. The campground manager is responsible for registration, reservations, and
payments for camping at Miller Riverview Park.
A. The change bank fund of $100 is kept in a locked safe in the campground
manager's office during the season (April 15th — October 31 st). The $100 is
issued from and returned to the Finance Department at the end of the
season.
B. A computer, credit card reader and cell phone are also issued to the
campground manager and returned at the end of the season.
C. Customers can reserve campsites online through the Hercules Reservation
Software. Customers input their contact information and submit credit card
payment through Hercules' secure online booking engine.
D. The campground manager can accept campsite reservations by phone or in
person by accessing the front office of the Hercules Reservation Software.
E. The campground manager will input the customer's information to reserve an
available campsite.
F. Once all information is entered the campground manager will accept
payment.
I. PAYMENTS RECEIVED BY CASH
A. The campground manager will select the cash option from the payment
screen.
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B. The amount due is entered and payment is processed.
C. Cash is collected from the customer and placed in bank bag.
D. Change is given if necessary from bank bag.
E. A reservation confirmation form can be emailed to the customer, or is printed
and given to the customer as a receipt.
F. Bank bag is returned to locked safe in campground manager's office.
II. PAYMENTS RECEIVED BY CHECK
A. Campground manager will not accept starter or counter checks that do not
have account holder's name and address preprinted on the check.
B. Campground manager will request to see license / photo ID to match name
on check with name on license / photo ID.
C. Campground manager will stamp bank deposit information on back of check
in front of customer.
D. The campground manager will select the check option from the payment
screen.
E. The amount due is entered and payment is processed.
F. A reservation confirmation form can be emailed to the customer, or is printed
and given to the customer as a receipt.
G. Checks will be placed in bank bag and returned to locked safe in
campground manager's office.
H. Checks will not be accepted for over the fee due with the intent of giving
cash back to customer.
III. PAYMENTS RECEIVED BY CREDIT / DEBIT CARD IN PERSON
A. Credit card payment will not be accepted from anyone other than the person
listed on the card, even if a supposed spouse or child.
B. The campground manager will select the credit option from the payment
screen.
C. The amount due is entered.
D. The credit card is swiped through the credit card reader and payment is
processed.
E. A reservation confirmation form can be emailed to the customer, or is printed
and given to the customer as a receipt.
IV. PAYMENTS RECEIVED BY CREDIT/DEBIT CARD VIA TELEPHONE
A. Customer credit card information will be entered directly into Hercules
software payment screen.
B. The Campground manager will ask for the security code number of the credit
card and enter that number in the appropriate field.
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C. A reservation confirmation form can be emailed to the customer, or is printed
and given to the customer upon arrival to the campground.
V. MONEY HANDLING AT CLOSE OF EACH BUSINESS DAY
A. At the end of each day, the campground manager will separate the receipts,
cash and checks from the bank bag. The initial $100 will be placed back in
the bag and stored in the locked safe in the campground manager's office.
B. The campground manager will print a report from the Hercules Reservation
software which lists all payments and payment types from the day.
C. The campground manager will fill out a deposit slip for the cash and check
transactions and place the slip and the deposit in a locked deposit bag.
D. The locked bank bags are picked up by Park Patrol three times a week and
more often during busy times. The bank bags are deposited into the night
deposit box.
E. Park patrol delivers the log paperwork, and receipts in a locked bank bag to
the Confidential Account Clerk.
F. Park patrol picks up the bag from the bank the following day and delivers the
deposit statement to the Confidential Account Clerk.
G. The empty bags are returned to the campground manager by Park Patrol.
VI. SAFE ACCESS
Only the campground manager and Park Division Manager have access to safe.
VII. CAMPGROUND REFUNDS
A. If the customer has paid with a cash or check.
B. Full refund by city check is issued to customer if requested forty-eight (48)
hours before reserved date.
C. No refund will be issued if request is Tess than forty-eight (48) hours before
reserved date unless approved by Park Division Manager.
D. If customer requests refund, Campground Manager will complete a refund
request form with appropriate contact information and attach a carbon of the
original camping reservation receipt.
E. Refund request is given to Lead Secretary or Confidential Account Clerk to
type a Direct Pay voucher that will be given to Account Clerk in Finance
Department so a check can be mailed directly to citizen's home.
F. Lead Secretary or Confidential Account Clerk will make a copy of Direct Pay
voucher and attachments and keep in file for two years.
G. If park is closed due to Mississippi River flooding and refunds must be
issued, steps 3 through 5 above will be followed, except no customer refund
request form will be completed since refund is automatic if park is closed by
city.
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H. If a customer has made an online reservation and submitted a credit card
payment through the Hercules Reservation Software, they must contact the
campground manager to request a refund.
I. No refund will be issued if request is Tess than forty-eight (48) hours before
reserved date unless approved by Park Division Manager.
J. With approval, the campground manager can reverse the charges back to
the customer's credit card.
K. An email confirmation can be sent to the customer, or printed on their next
return.
L. This process can be repeated for any credit card refund of campsites.
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INSURANCE SCHEDULE
8
City of Dubuque Insurance Requirements for Management Services
INSURANCE SCHEDULE L (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 Si, 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 the current ISO form CG0001 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' or CG 25 03 'Designated Construction Project (s) General
Aggregate Limit" as appropriate.
3) Include endorsement indicating that coverage is primary and non-contributory.
4) Include Preservation of Governmental Immunities endorsement. (Sample
attached).
5) 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 andfor authorities and
their board members, employees and volunteers. Use ISO form CG 20 26.
6) Include Waiver of Right to Recover from Others endorsement.
B) AUTOMOBILE LIABILITY
Combined Single Limit $1,000,000
C) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory Benefits covering all employees injured on the job by accident or disease as
prescribed by Iowa Code Chapter 85.
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
Coverage B limits shall be greater if required by the umbreflafexcess insurer
Nonelection of Workers' Compensation or Employers' Liability Coverage under lowa
Code sec. 87.22. Completed form must be attached.
Page 2 of 4 Schedule L Management Services May 2019
9
City of Dubuque Insurance Requirements for Management Services
D) UMBRELLA/EXCESS LIABILITY $1,000,000
Umbrella liability coverage must be at least Following form with the underlying policies
included herein (General Liability, Automobile, Workers Compensation).
E) CONCESSIONNAIRE BOND
X yes _ no
Amount
$25,000
Page 3 of 4 Schedule L Management Services May 2019
10
City of Dubuque Insurance Requirements for Management Services
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 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.
No Other Chance in Policy. The above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy.
SPECIMEN
(DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES)
Page 4 of 4 Schedule L Management Services May 2019
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