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
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