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Signed Contract_Miller Riverview Park and Dubuque Water Sports Managment AgreementMANAGEMENT AGREEMENT FOR CAMPING AT MILLER RIVERVIEW PARK AND DUBUQUE WATER SPORTS CLUB BETWEEN THE CITY OF DUBUQUE, IOWA AND KENNETH M. CLAYTON This Agreement, dated for reference purposes the . " day of f%?/L. , 2013, 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 13th, 2013 until midnight on October 31, 2013. 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 Water Sports Club (the 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 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. Manager shall have no responsibility nor any liability for any condition of the grounds, roads, and premises in the Park not caused or created by the Manager. 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. 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 $4.00 per camping unit paid per day. The fee will be paid by the City on a monthly basis. The $4.00 fee will include Clayton cleaning the rest room facility. 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 number of campsites being used. 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 restroom facility. 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 picked up by Park Patrol every Wednesday and Saturday and deposited in the city bank account. If a large amount of cash is received in between those days, another deposit shall be processed. 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 Personal & Advertising Injury Limit 2 $1,000,000 $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 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. This indemnification shall not apply to any claims arising out of any condition of the grounds, roads, and premises in the Park not caused or created by the Manager CITY OF DUBUQUE KENNETH M. CLAYTON By: Michael Van Milligen City Manager 3 4P-- '94 -