Hillcrest Family Services_Murphy Park Agreement January 2012Masterpiece 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: September 27, 2011
Dubuque
Wail
AN- AmedcaCity
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2007
Hillcrest Family Services has requested to use Murphy Park from October 30, 2011,
through January 10, 2012, 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.
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Marie L. Ware, Leisure Services Manager
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager `l.9-'
FROM: Marie L. Ware, Leisure Services Manager
SUBJECT: Agreement with Hillcrest Family Services to use Murphy Park
DATE: September 26, 2011
INTRODUCTION
Dubuque
Weal
Aft AmericaCity
1 1 1 1 1 ,
2007
The purpose of this memorandum is to request City Council approval of the agreement
with Hillcrest Family Services for use of Murphy Park.
DISCUSSION
Hillcrest Family Services has requested the use of Murphy Park from October 30th
through January 10th to set up a holiday light 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:
• 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 24th through January 1st
• gate charge would be $8.00 per vehicle
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 over $1,000,000 from
this event since it started.
The Park and Recreation Commission recommended approval of the agreement at their
September 13th meeting.
ACTION STEP
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.
MLW:et
attachment
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:
WHEREAS, City is the owner of a tract of land known as Louis Murphy Park (Park);
and
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, 2011 through January 10, 2012.
Section 3. RENTAL. The rental to be paid to City on or before October 30, 2011,
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, 2011.
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.)
(f.)
Prompt trash and litter pickup and removal throughout the term of the
Agreement.
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 ortransfer 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 3rd
ATTESTE
day of October , 2011.
KEVI S. FIRNSTAHL, CI CLERK
B .
By:
CITY v F D UB QUE OWA
bi
HILL .REST FAMILY :ERVICES
City of Dubuque Insurance Requirements for Tenants and
Lessees of City Property or Vendors (Suppliers, Service
Providers)
Insurance Schedule A
1. shall furnish a signed Certificate of Insurance to the City of
Dubuque, Iowa for the coverage required in Exhibit I prior to contract inception and at the
end of the contract if the term of contract is longer than 60 days. Each Certificate shall
be prepared on the most current ACORD form approved by the Iowa Department of
Insurance or an equivalent.
2. All policies of insurance required hereunder shall be with a carrier authorized to do
business in Iowa and all carriers shall have a rating of A or better in the current A.M.
Best's Rating Guide.
3. Each Certificate shall be furnished to the contracting 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 obtain or maintain the required
insurance shall be considered a material breach of this agreement.
5. All required endorsements to various policies shall be attached to Certificate of
insurance.
6. Whenever a specific ISO form is listed, an equivalent form may be substituted subject to
the provider identifying and listing in writing all deviations and exclusions that differ from
the ISO form.
7. Provider shall be required to carry the minimum coverage /limits, or greater if required by
law or other legal agreement, in Exhibit I.
Page 3 of 5 Hillcrest- Services Murphy Park
City of Dubuque Insurance Requirements for Tenants and
Lessees of City Property or Vendors (Suppliers, Service
Providers)
Insurance Schedule A (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 $1,000,000
Fire Damage Limit (any one occurrence) $ 50,000
Medical Payments $ 5,000
a) Coverage shall be written on an occurrence, not claims made, form. All
deviations from the standard ISO commercial general liability form CG 0001,
or Business owners form BP 0002, shall be clearly identified.
b) Include ISO endorsement form CG 25 04 "Designated Location(s)
General Aggregate Limit."
c) Include endorsement indicating that coverage is primary and non-
contributory.
d) Include endorsement to preserve Governmental Immunity. (Sample
attached).
e) 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 and /or authorities
and their board members, employees and volunteers.
using ISO form CG 20 10. Ongoing operations.
B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Coverage A
Coverage B
Statutory—State of Iowa
Employers Liability
Each Accident $100,000
Each Employee- Disease$100,000
Policy Limit - Disease $500,000
a) Policy shall include an endorsement providing a waiver of
subrogation to the City of Dubuque.
Page 4 of 5 Hillcrest- Services Murphy Park
City of Dubuque Insurance Requirements for Tenants and
Lessees of City Property or Vendors (Suppliers, Service
Providers)
Preservation of Governmental Immunities Endorsement
1. 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
Page 5 of 5 Hillcrest- Services Murphy Park