Agreement with Hillcrest Family Services to Use Murphy ParkMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Agreement with Hillcrest Family Services to Use Murphy Park
DATE: October 8, 2010
Dubuque
All- AmeticaCity
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2007
Hillcrest Family Services has requested to use Murphy Park from October 30, 2010,
through January 10, 2011, to set up a holiday light display. Leisure Services Manager
Marie Ware recommends approval of the usage agreement with Hillcrest Family
Services.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Marie L. Ware, Leisure Services Manager
7 /
Mich el C. Van Milligen
Masterpiece on the Mississippi
TO:
FROM:
SUBJECT:
DATE:
INTRODUCTION
The purpose of this memorandum is to request City Council approval of the agreement
with Hillcrest Family Services for use of Murphy Park.
DISCUSSION
• major displays will be placed around the park
• hours of operation will be 5:00 to 10:00 p.m.
• open seven days a week
• November 25th through January 1st
• gate charge would be $8.00 per car
ACTION STEP
MLW:et
attachment
Michael C. Van Milligen, City Manager
Marie L. Ware, Leisure Services Manager
Agreement with Hillcrest Family Services to use Murphy Park
October 7, 2010
Dubuque
hittil
All- AmedcaCity
1
2007
Hillcrest Family Services has requested the use of Murphy Park from October 30th
through January 10th to set up a holiday Tight display. Hillcrest will use the display as a
fundraiser for their organization. Details of the request for public viewing of the displays
is as follows:
The usage agreement outlines the conditions that are to be followed during this usage
and allows extra days for setup and take down. Murphy Park is closed at this time of
the year so this usage agreement will not deprive anyone usage of the park. Hillcrest
believes the display is a tourist attraction and aids the Chamber's efforts to attract
people to Dubuque during the winter months. Hillcrest has raised $1,000,000 from this
event since it started.
The action requested is for you to approve the usage agreement and to ask for City
Council approval and that the mayor be authorized to sign it.
AGREEMENT
THIS Agreement is made and executed between the City of Dubuque, Iowa, (City),
a municipal corporation, and Hillcrest Family Services, (Hillcrest), an Iowa corporation with
its principle office in Dubuque, Iowa.
WITNESSETH:
and
WHEREAS, City is the owner of a tract of land known as Louis Murphy Park (Park);
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;
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
set forth herein.
Section 2. TERM OF AGREEMENT. The term of this Agreement shall be October
30, 2010 through January 10, 2011.
Section 3. RENTAL. The rental to be paid to City on or before October 30, 2010,
shall be $1.00.
Section 4. USE OF PROPERTY. Hillcrest agrees that the Park shall be used only
for a holiday light display whereby viewers will drive or walk through the Park to view the
display. All viewers shall be required to stay on the roadway.
The Leisure Services Manager must give written approval to location of displays,
construction type (if attached to trees or buildings), and alterations to grounds, prior to
installation. A written plan outlining the above mentioned items shall be submitted to the
Leisure Services Manager by October 1, 2010.
Section 5. GROUNDS AND MAINTENANCE. Hillcrest shall be responsible for the
following:
(a.) Prompt snow removal from all park roadways
(b.) All electrical connections for the displays, and the cost of electricity: Hillcrest
must reimburse the City all costs during the time period of this agreement.
(c.) Erection and maintenance of the displays.
(d.) Return of all grounds to their original condition after removal of the displays.
(e.) Prompt trash and litter pickup and removal throughout the term of the
Agreement.
(f.) Compliance with all applicable City ordinances, including building and
electrical codes.
Section 6. MANAGEMENT AND CONTROL OF THE PARK. It is agreed and
understood that the City shall have sole management authority and control of the Park.
Hillcrest shall be solely responsible for controlling admission to the Park and may charge
an entrance fee.
Section 7. INSURANCE. Hillcrest shall provide insurance as required by the
attached "Insurance Schedule A."
Section 8. INDEMNITY. Hillcrest 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 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 without the prior written approval of City.
Section 10. TERMINATION. In the event Hillcrest shall fail 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 immediately, by giving twenty -
four hours notice to Hillcrest, in which event Hillcrest shall immediately remove all of its
displays or other equipment from the Park and restore the premises to their original
condition.
Signed in duplicate by the parties hereto.
Dated this AF day o , 2010.
ATTESTED:
By:
EANNE F. SCHNEIDER, CITY CLERK
By:
CITY OF p BU UE, IOWA
, , /
HILLICREST FAMIL SERVICES
INSURANCE SCHEDULE A
INSURANCE REQUIREMENTS FOR TENANTS AND LESSEES OF CITY PROPERTY
OR VENDORS (SUPPLIERS, SERVICE PROVIDERS) TO THE
CITY OF DUBUQUE
1. All policies of insurance required hereunder shall be with an insurer authorized to do
business in Iowa. All insurers shall have a rating of A or better in the current A.M.
Best Rating Guide.
2. All policies of insurance shall be endorsed to provide a thirty (30) day advance
notice of cancellation to the City of Dubuque, except for 10 day notice for non-
payment, if cancellation is prior to the expiration date. This endorsement
supersedes the standard cancellation statement on the Certificate of Insurance.
3. shall furnish a signed Certificate of Insurance to the City of
Dubuque, Iowa for the coverage required in Paragraph 6 below. Such certificates
shall include copies of the following policy endorsements:
a) Commercial General Liability policy is primary and non - contributing.
b) Commercial General Liability additional insured endorsement.
c) Governmental Immunity Endorsements.
4. Each certificate shall be submitted to the contracting department of the City of
Dubuque.
5. Failure to provide minimum coverage shall not be deemed a waiver of these
requirements by the City of Dubuque. Failure to obtain or maintain the required
insurance shall be considered a material breach of this agreement.
6. shall be required to carry the following minimum
coverage /limits or greater if required by law or other legal agreement:
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 Limit $1,000,000
Fire Damage Limit (any one occurrence) $ 50,000
Medical Payments $ 5,000
This coverage shall be written on an occurrence, not a claims made form. Form CG
25 04 03 97 "Designated Location (s) General Aggregate Limit" shall be included.
All deviations or exclusions from the standard ISO commercial general liability form
CG 0001, or Business Owners form BP 0002, shall be clearly identified.
3 of 5 June 2005
INSURANCE REQUIREMENTS FOR TENANTS AND LESSEES OF CITY PROPERTY
OR VENDORS (SUPPLIERS, SERVICE PROVIDERS) TO THE
CITY OF DUBUQUE
Governmental Immunity Endorsement identical or equivalent to form attached.
Additional Insured Requirement:
The City of Dubuque, including all its elected and appointed officials, all its
employees and volunteers, all its boards, commissions and /or authorities and
their board members, employees and volunteers shall be named as an additional
insured on General Liability Policies using ISO endorsement CG 20 26 0704
"Additional Insured — Designated Person or Organization," or it's equivalent. —
See Specimen
b) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory for Coverage A
Employers Liability:
Each Accident $100,000
Each Employee — Disease $100,000
Policy Limit — Disease $500,000
c) UMBRELLA EXCESS LIABILITY
LIQUOR OR DRAM SHOP LIABILITY
Coverage to be determined on a case by case basis by Finance Director.
Completion Checklist
INSURANCE SCHEDULE A (Continued)
❑ Certificate of Liability Insurance (2 pages)
❑ Designated Location(s) General Aggregate Limit CG 25 04 03 97 (2 pages)
❑ Additional Insured 20 26 07 04
❑ Governmental Immunities Endorsement
4 of 5 June 2005
CITY OF DUBUQUE, IOWA
GOVERNMENTAL IMMUNITIES ENDORSEMENT
Nonwaiver of Governmental Immunity. The insurance carrier 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 insurance carrier 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 insurance carrier.
4. Non - Denial of Coverage. The insurance carrier shall not deny coverage under this
policy and the insurance carrier 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 Change in Policy. The above preservation of governmental immunities shall
not otherwise change or alter the coverage available under the policy.
SPECIMEN
5 of 5 June 2005