Management Agreement for Miller Riverview Park 2011Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Management Agreement for Camping at Miller Riverview Park
DATE: March 28, 2011
Leisure Services Manager Marie Ware recommends City Council approval of the
Management Agreement for Camping at Miller Riverview Park with Kenneth M. Clayton.
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
Mich el C. Van Milligen
Dubuque
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Masterpiece on the Mississippi
TO:
FROM:
SUBJECT:
DATE:
INTRODUCTION
DISCUSSION
ACTION STEP
MLW:et
attachment
Michael C. Van Milligen, City Manager
Marie L. Ware, Leisure Services Manager
Management Agreement for Camping at Miller Riverview Park
March 17, 2011
The purpose of this memorandum is to request your approval of the Management
Agreement for Camping at Miller Riverview Park with Kenneth M. Clayton of 13550
Sherrill Road.
Mr. Clayton was contracted to manage the campground in 2008, 2009 and 2010, and
performance has generally been good. He is a retired John Deere employee with a
great deal of camping experience. Mrs. Clayton will assist him and offer relief for him to
get away from the park as needed. He has good handyman skills and will be able to
assist campground users and our staff with maintenance matters.
We pay the manager $3.00 per camping unit per day, $4.00 if he cleans the rest room
facility, which has worked well for us in the past. If the river is high and the park is
under water we are not out any money. If Mr. Clayton sells concession items he is
required to pay the city 10% of gross sales.
Barry Lindahl reviewed the agreement this year and made several changes, making it
more consistent with other similar agreements. He said this type of agreement would
need your signature only, not City Council approval.
The action requested is that you approve and sign the Management Agreement for
Camping at Miller Riverview Park with Kenneth M. Clayton.
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MillerRiverviewMgmt 021711 bal
MANAGEMENT AGREEMENT
FOR CAMPING
AT MILLER RIVERVIEW PARK
AND
DUBUQUE WATER SKI CLUB
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
KENNETH M. CLAYTON
This Agreement, dated for reference purposes the ,3 day of /14 , 2011,
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 Kenneth
M. Clayton (Clayton), whose address for the purposes of this Agreement is 13550 Sherrill
Road, Dubuque, Iowa.
It is agreed by and between the parties as follows:
SECTION 1. TERM. The term of this Agreement shall be from April 1 2011 until
midnight on October 31, 2011. This Agreement may be terminated by City upon three (3)
days' written notice delivered to Clayton and by Clayton upon thirty (30) days' written notice
to City.
SECTION 2. MANAGEMENT. Clayton will manage the camping operation at Miller
Riverview Park and Campground (the Park) and the Dubuque Ski Club (the Ski Club).
Clayton will register all camping units, collect fees, keep accurate and detailed records, and
open and close the Park. Clayton will make all records available for review by City on a
monthly basis or as desired by City. Clayton will also collect fees and manage and oversee
camping at the Ski Club. Clayton will manage the Park 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.
SECTION 3. EXPENSES. All expenses for the operation and the general maintenance
of the Park are the responsibility of City and include, but are not limited to, the following:
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 rest rooms and for the
camp ground manager to use for their camper /office, electrical costs associated with
the camp ground managers 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, cost of cleaning the pavilions at the north end of the park, turf
repair, inter alia.
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SECTION 4. SUPERVISION. Clayton must supervise the Park, including the
enforcement of rules, regulations, and ordinances established by City. This oversight
includes, but is not limited to, hours of operation, sale of concessions, the ban on
swimming in the river, ban on the consumption of keg beer and ban on sale of alcoholic
beverages.
SECTION 5. MANAGEMENT FEE. Clayton will be paid a management fee of $3.00
per camping unit paid per day. The fee will be paid by City on a monthly basis. The fee
will be $4.00 per camping unit if Clayton cleans the rest room facility. Rest rooms must be
cleaned no less than three times daily on busy weekends.
SECTION 6. INDEPENDENT CONTRACTOR. City and Clayton agree that the
relationship between them is not that of employer and employee, but rather that Clayton is
an independent contractor. City will not be providing worker's compensation for Clayton.
SECTION 7. FUNDS RECEIVED. All funds received by Clayton for the rental of camping
facilities shall be deposited in the city bank account on a daily basis.
SECTION 8. CONCESSION BUSINESS. This Agreement does not allow for the
operation of a concession business or any other type of business by Clayton at the Park
without written approval of City. If City approves a concession, Clayton shall pay City ten
percent (10 %) of gross sales for the sale of all concession items. Each concession item
must be approved by City.
SECTION 9. BOND. Clayton shall obtain a fidelity bond satisfactory to City in an amount
not less than $1,000.
SECTION 10. INSURANCE. Manager shall provide City with a certificate of insurance
providing evidence of commercial general liability and automobile liability insurance with an
insurance company authorized to conduct business in the State of Iowa and rated A or
higher in Bests Rating Guide. The commercial general liability policy and certificate of
insurance shall include an endorsement naming 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 as an
additional insureds. The limits of coverage shall be as follows:
Commercial General Liability
Limit Each Occurrence $1,000,000
Personal & Advertising Injury Limit $1,000,000
Products & completed Operation Aggregate Limit $2,000,000
General Aggregate limit $2,000,000
Fire Damage Limit $100,000
Medical Payments $5,000
Automobile Liability $1,000,000
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SECTION 11. INDEMNIFICATION. Manager shall defend, indemnify and hold harmless
City, its officers and employees from and against any and all claims arising out of
Managers negligence in the performance of this Agreement.
CITY OF DUBUQUE KENNETH M. CLAYTON
By:
Michael C. Van Milligen
City Manager
FA USERSU. stecklel Lindahll AgreementsWlillerRiverviewMgmtAgreement 021711.doc
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