Signed Contract_Management Agreement for Miller Riverview Park and Campground SignatureCity of Dubuque
City Council Meeting
Consent Items # 22.
Copyrighted
July 19, 2021
ITEM TITLE: Signed Contract(s)
SUMMARY: American Queen Steamboat Company Inc. for Docking Agreement at
the Port of Dubuque -American Trust River's Edge Plaza; Celebration
Belle for Docking Agreement at Port of Dubuque - Alliant Plaza Docking
Facility; Robin Dodd for management of Miller Riverview Park and
Campground and Dubuque Water Sports Club; Morton Salt, Inc for
Public Works Ice Control Road Salt; WHKS & Co. for the Burlington and
National Water Main Replacement Project 2021.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
Docking Agreement for American Trust River's Edge
Plaza
Docking Agreement for Alliant Plaza Docking Facility
Miller Riverview Park and Campground and Dubuque
Water Sports Club
Burlington and National Water Main Replacement
Project 2021
Public Works Ice Control Road Salt
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
THE CITYF
DUiYB_ E
Masterpiece on the Mississippi
Dubuque
AII•Amedn eip
1IIII®r
2007•2012.2013
2017*2019
TO: Michael C. Van Milligen, City Manager
FROM: Marie L. Ware, Leisure Services Manager
SUBJECT: Management Agreement for Miller Riverview Park and Campground
Signature
DATE: July 2, 2021
INTRODUCTION
The purpose of this memorandum is to request your signature on the attached
agreement with Robin Dodd for the management of Miller Riverview Park and
Campground and Dubuque Water Sports Club.
BACKGROUND
The 2021 camping season at Miller Riverview Park and Campground began April 15t"
and will operate through the fourth Sunday in October. The City of Dubuque Leisure
Services department issued a request for qualifications (RFQ) for the management of
Miller Riverview Park and Dubuque Water Sports Club in March of 2021. There were
no early responses and the campground opened on time and has continued to operate.
Steve Fehsal, Park Division Manager, Kristen Dietz, Lead Secretary, full-time Park
Division staff, and seasonal park patrol staff have been working together to make sure
all the operations and management of the campground have continued as smoothly as
possible.
Recently Steve was approached by an individual that camps regularly at Miller
Riverview Park and Campground and was very interested in the Campground Manager
position.
DISCUSSION
The contract has been revised by Senior Counsel, Barry Lindahl from the City
Attorney's office. The contract agreement states the City will pay the manager
$3315.00 for his services for the remainder of the 2021 season and reimburse him for
the cost of the insurance and bonding required for the City which is not to exceed
$1700.00.
ACTION REQUESTED
I request approval and signature on the attached Management Agreement between the
City of Dubuque and Robin Dodd, Miller Riverview Park Campground Manager.
Prepared by Steve Fehsal, Park Division Manager
6
MANAGEMENT AGREEMENT
FOR CAMPING
AT MILLER RIVERVIEW PARK
AND
DUBUQUE WATER SPORTS CLUB
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
ROBIN DODD
This Agreement, dated for reference purposes the 5th day of July, 2021, 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 Robin Dodd
(Manager), whose address for the purposes of this Agreement is 475 National St,
Dubuque, Iowa, 52001.
SECTION 1. TERM. The Initial Term of this Agreement is from July 5th, 2021 until
midnight on October 31 th, 2021. This Agreement maybe renewed for three (3) one-year
terms commencing April 1st, 2022, 2023, and 2024 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:
A. 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.
B. Manager will make all records available for review by City on a monthly basis
or as desired by City.
C. Manager will also collect fees and manage and oversee camping at the Park
and the Club.
D. 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.
E. 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.
F. 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
06232021bal
swimming in the river, ban on the consumption of keg beer and ban on sale of
alcoholic beverages.
G. 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;
A. Tree trimming;
B. Snow management;
C. Clean up after floods, cutting the grass;
D. Natural gas costs for heating the hot water in the rest rooms and for
Manager to use for Manager's camper/office;
E. Electrical costs associated with Manager's trailer/office;
F. Bags to collect dog feces in the dispensers;
G. Cost of cleaning the fire pits, cost of putting down stone to keep the
roads in good repair;
H. Cost of repairing the asphalt roads, maintaining the signage throughout
the Park and the Club; and
I. 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 One
Dollar and 00/100 Cents ($1.00) per paid camping unit per day. Manager is guaranteed
a Minimum Management Fee of Three Thousand Three Hundred and Fifteen Dollars and
00/100 Cents ($3315.00) during the Term. City will pay the Minimum Management Fee
in equal installments paid on a bi-weekly basis to Manager during the Term commencing
on the 15th day of July, of the Initial Term and each subsequent Term. If the total number
of paid camping units exceeds Five Thousand Eight Hundred (5,800) during the Term,
City will pay Manager the amount by which the paid camping units exceeds the Minimum
Management Fee at the end of the Term.
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.
I
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 concessionaire bond satisfactory to City
in an amount not less than Twenty -Five Thousand Dollars and 00/100 Cents
($25,000.00).
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 One Thousand Seven Hundred Dollars and 00/100 Cents ($1,7,00.00).
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:
ichael C. Van Milligen
City Manager
By: f� ---
Robin Dodd
Manager
3
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.
El
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.
5
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 less 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.
n
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 less 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.
7
City of Dubuque Insurance Requirements for Management Services
INSURANCE SCHEDULE L
1. Mar uger s11a11 furnish a signed certificate of insurance to the City of Dubuque, Iowa for the
ccVera-Je 'egLlired in E-fhio-t I priorlo commencing work and at the end -of the project if the term
of v:cr -, is ,cn€Jar d,ar 6C Jays. Contractors presenting annual certificates shall preseni a
certif ca-.e at the end of each project with the final billing. Each certificate shall be prepared on
the MC-G-. currant ACORD form approved by the Iowa department of Insurance or an equivalent if
apprevea by the Director of Finance and Budget. Each ce-dificale shall include a slateiment under
Description of Operations as 10 why issued. Man ager Agreement Bated:
2. All policies of insurance required hereunder shall be with an insurer authorized 1a do busi ness in
lavra and all insurers shall have a rating of A or better in the current A.M Besfs Rating Guide.
3. Each certirfic-ate shall be furnished to the Finance Department of the City of Dubuque.
4. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the
City of Dubuque. Failure to oblain or maintain the required insurance shaft be considered a
material breach ofthis agreement.
5. Contractor shall require all suboontractUrs and sub-subconlraclors to obtain and maintain during
the performance of work insurance for the coverages described in This Insurance Schedule and
shall obtain certifcales of insurances from all such subcontractors and sub -subcontractors.
Contractor agrees that it shall be liable forlhe failure cf a subcontraclor and sub-su bcontractor lo
obtain and maintain such coverages. The City may reques7 a copy of such certificates from the
Contractor.
6. All required endorsements to various policies shall be attached to certificate of insurance.
7. Whenever a speciFc ISO form is listed. an equivalent form imay be substituted subject to the
approval oflhe Director of =irarce arc' S--Wcet and subject tv the ---.Drtractar identifying and
listing in uniting all deviati ais a 7d e:4cl.is or } -. - a: - i=e- from -. -e •r-.
a. The CaNraclorshall be required to cam} .1-e r-i7 -i%i-i7 _.- eraJ=. Vi:=. yr rreat3, if-ecuire� oy
law OF other legal agreement, in Exhibit 1. Iv the Cur.-ac—.irs uvi:e of ,iaoi,i,-, are hiy-la,-than the
required minimum Iimh then the providers limits slr 7 1 va :his a reement:s required limits-
9. Whenever an ISO form is referenced the currented lien of the form musl be used-
10. Lessee, license & permittees shall be responsible fa• deductibles and self -insured retention for
payment of all policy premiums and other cost associated with the insurance policies required
belaw-
10. All certificates of insurance must include agenis name, phone number, and email address.
11. The City of Dubuque reserves the right to require complete, certified copies of all required
insurance policies, including endorsements, required by this Schedule at any time.
12. The City of Dubuque reserves the right to modfiy Ihese requirements, inducting limits, based an
changes in the risk or other special circumslances during the term of the contract, subject Io
mutual agreement of the parties.
Page1 of 4 Schedule L Management Servicm April 2021
91
City of Dubuque Insurance Requirements for Management Services
INSURANCE SCHEDULE L (continued)
Exhibit
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2.000,M
Products-Comple'.ed •--a•ations .^-.ggregate Limit $' 0171C.000
Personal and r.avertising Injury Lima-. S' �Cc.CCO
Each Occurrence S' ccc.CCC
Fire Damage Lint {any one cuc=rre-r.=a Sil-' C.CCC
rr'ad --al Fayments H-.CCC
1 ; Coverage shall be written an an vvv_i-re 7_e no- aiiia macle -'.D •m. TV general
liability coverage shall be u:ntten ir_ accv•c ti;,tl- thE--urrer,; ISO form CCC001 or
business owners form BP0002_ AN de%-iaiions from the standard ISO commercial
general liability farm CG 0001, or Business owners forin BP 0002, shall be
dearly identified.
2) Include ISO endorsementfflrrn CG25 04"Designaied Locaiionis) General
Aggregate Limit° or CG 25 03'Designated Construciion Project (s) General
Aggregate Limil° as appropriale.
3) Include endorsement indicating that coverage is primary and non-contributory.
4) Include Preservation vfGovern mental Immunities endorsement. (Sample
aflached).
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 andror aulhorities and
their board members, employees and volunteers. Use ISO form GG 20 26.
5) Include Waiver of Right to Recover from (Ahers end orsement
B) AUTOMOBILE LIARLITY
Combined Single Limit $1,000,0W
Coverage shall include all owned. non -owned, and hired vehicles_ If the Gantraclor+s
business does not ovrn any vehicles, coverage is required on non -awned and hired
vehicles.
Policy shall include Waiver of Righl la Recover from Others endorsement
C) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory Benefits Goved ng all employees injured on the jab by accident or disease as
prescribed by Iovra Code Chapter 35.
Coverage A Statutory —Stale of Iowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee -disease $100,0M
Policy Limit -Disease $500.000
Policy shall include Waiver of Pighl 10 Recover from Others endorsement.
Page 2 of 4 Schedule L Managemend Serwiem April 2021
10
City of I]ubuque Intsuran oe Requirernents for hlanagemerrt Services
Overage B Iimils shall ae greater if required by the umbrella+excess insurer.
INSURANCE SCHEDULE L (continued)
OR
If, by lovra Code Section 85.1A, the Contractor is not required to purchase Workers'
Crompensation Insurance, the Contractor shall have a copy of the States Nonelection of
Workers' Compensation or Employers' Li a vi liiy Ci) verage form on file wilh the I ova
Workers' Compensation Insurance Com-i7iss char. as required tyy IaLva Code Section
87.22. Compleled form must be attached.
D) UNIBRELLAJE7€CESS LIABILITY $1,000,000
The G-3n?,aI Liav lii.. �.r.tcn•uc le _iability .3r:! ,': crfars Compensalifln Insurance
recl_ii•eiverts ma;, oe sai sled with a cr}ma.natIor of primary and Umbrella or Excess
THIfal-Ce :I e Umbrella or Excess Insurance policy does not follow 1he form
cf ilia p•i'l7a _+. pol vias. it shall include the same endorsemenls as required of the primary
pclicies invl.id,ng','rai er of Subrogalifln and Primary and Nan-conliibutory in favor of the
oft.
E) CONCESSIONAIRE BOND
Yes _ No
Amount
$_25,040_
Page 3 of 4 Schedule L Management Services April 2021
11
City of Dubuque linsuranrae Requirements for Management Services
Please be aware that naming the City of Dubuque as an ad-ditional insured as is required by This
Insurance Schedule may result in the waiver of the City's govemmental immunities provided in Iowa Code
sec. 670.4. If you would like to preserve those immunities, please use this endorsement or an equivalent
form.
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nornvaiver of Govern mental I mmunity. The insurer eAxessly agrees and states Ihal the purch ase
of this policy and the inel-_irli ig of .he Ci` - of DL IA, cue, Iowa as an Additional Insured does not waive any
of the defenses ofgovernnie--_.I r-inun t� _.•:_I la 31e to the City of Dubuque. IaLva under Code of Iowa
Seclon 670.4 as it is now ex=_.s =. _.t I r-:v, is a amended from time to time.
2. Claims Coverage 71, rs_ -yi 11•v• a. raesthatthis policy-ofinsuranceshallcover only those
claims not subje=1 li fie -1e`e a v- _i,-: v•- vental immunity under the Gode of Iowa Section 67-D.4 as it
no•.: }: s'.s acid a£ - r-v,- 7x _.r-er,; f• 3 v J ne to time Those claims not subject to Code of Iowa
S&czion -370 4 sin a.I be coverec I_.,• -.sr-7i=_ and conditions of this insurance policy.
3. Assertion of Government Im-r7_ - 1•-r•. The City of Dubuque, Iowa shall be responsible for asserting
any defense 0governmental immuni( aid may do so at any time and shall do so upon the limety written
request oflhe insurer.
4. NonADenial of Coverage. The insurer shall not -deny coverage underlhis policy and the insurer
shall rrot deny any of the rights and be nefits accruing to the City of Dubuque, I o%va under this policy for
reasons of governmental immu nity unless and until a cou r1 of competent jurisdiclion has ruled in favor of
the defense(s) of governmental immunity asserted by the City cf Dubuque, Iowa.
No Other Change in Policy. The above preservaiion of governmental immunities shall nol olherwise
change or alter the coverage available under the policy.
SPECIMEN
Page 4 of 4 Schedule L Management Services April 2021
12