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Usage Agreement with Loras College for Petrakis Field 12 2 13Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Usage Agreement with Loras College for Petrakis Field DATE: November 25, 2013 Dubuque band AI- America City IIIii! 2007 • 2012 • 2013 Leisure Services Manager Marie Ware recommends City Council approval of the Usage Agreement with Loras College for Petrakis Field. This is an extension of the current agreement. 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 Teri Goodmann, Assistant City Manager Marie L. Ware, Leisure Services Manager Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Marie L. Ware, Leisure Services Manager SUBJECT: Usage Agreement with Loras College for Petrakis Field DATE: November 25, 2013 INTRODUCTION Dubuque kittrel All- AmericaCity IIIIIr 2007 • 2012 • 2013 The purpose of this memorandum is to request City Council approval of the Usage Agreement with Loras College for Petrakis Field. This agreement is an extension of the current agreement. BACKGROUND Loras College approached former Recreation Division Manager Pat Prevenas in the late 1980's asking if Petrakis Field could be used as their home field. Loras was planning to start a soccer program and wanted to convert their baseball field into a soccer field. The Loras usage schedule did not conflict with any other user group. This partnership has been very beneficial to both of us. 1. Loras has shared the cost of replacing the dirt portion of the infield and other general field improvements. 2. Loras has totally funded the construction of dugouts. 3. Loras has totally funded the screening of the outfield fence so batters can better see the ball as it leaves the pitcher's hand. 4. Loras has totally funded the installation of padding on the outfield fence to protect an outfielder that reaches over the fence to catch a fly ball. 5. Loras provides a tarp to cover the infield when rain is forecasted. Non -Loras users have benefitted from the improvements made to the field. Those improvements were made with Loras sharing, or paying all, the costs of those improvements. 1 Loras uses the field as a practice and game site. Their main season is in the spring, ending mid -May. They come back in the fall for practice from early September to late September. These dates do not conflict with other users. In 2013 there were 67 games played on the field: games revenue • Loras varsity 9 n/c • Loras J.V. 2 n/c • Dubuque Little League 15 $ 600 • Asbury Athletic Association 8 $ 320 • Wahlert High School (free of charge) 12 n/c • East Dubuque Merchants 8 $ 480 • Dubuque Blues 13 $ 780 TOTAL 67 Rental rates for Petrakis Field are $40 for day game and $60 for night game. Priority scheduling of the field usage is given to Wahlert High School followed by the East Dubuque Merchants and Dubuque Blues. All other users are scheduled as the field is available. The Loras College usage does not conflict with any other group, except for Dubuque Little League in the early spring, and any conflicts are worked out. In addition to the twenty -two games shown above that Loras plays, they practice on the field around thirty times per year. Some history on our department's relationship with the local colleges and school system may be helpful. • COLLEGES: Loras College, Clarke College, and the University of Dubuque all use some of our facilities and we use some of their facilities for our programs. We do not charge each other any rental fees for this use. The following facilities are (or have been) used by the colleges: • Loras College: Petrakis Field (baseball field), Eagle Point Park tennis courts (while their courts were used to stage construction of the new arena), Veterans' Memorial Park softball fields for intramurals, and the practice area at the golf course for their All Sports Camp. • University of Dubuque: Bunker Hill Golf Course for a practice course for the golf team, Flora Park tennis courts, soccer fields at McAleece for a few practices, and Veterans' Memorial Park softball fields for intramurals. • Clarke University: Bunker Hill Golf Course for a practice course for the golf team, Veterans' Memorial Park softball field as their home field (per a use agreement), and Flora Park tennis courts for practice and meets. 2 We in turn use facilities at all three colleges for our alumni basketball tournament, used the pools at UD and Clarke (when they had pools), and use the Loras Field House for our post- season basketball tournament. • DUBUQUE COMMUNITY SCHOOL DISTRICT: We have had a long relationship with the school district where we use school facilities and they use our facilities at no charge to the other. Without use of school gyms for our adult volleyball, basketball, and open gym programs, those programs would not exist. The same is true for our youth after school and after school sports programs. We also use different areas of the schools for programs like cooking classes, dances, and after school programs. Hempstead Pool has been made available for our use for a number of years, providing an excellent lesson location and indoor open swimming during the winter months. We also use the Hempstead tennis courts for youth lessons in the summer and several school sites for our summer playground program. In turn, the public schools use the Bunker Hill Golf Course for their golf teams, Senior uses the Flora tennis courts, McAleece has hosted the annual Hempstead Girls' Softball Tournament, Senior sophomore baseball team has played some games at Petrakis Field, soccer teams used the McAleece soccer fields for some practices and football clinics, and the school system uses Petrakis Field to host IHSAA baseball tournament games. • HOLY FAMILY CATHOLIC SCHOOLS: Wahlert uses the Bunker Hill Golf Course for their golf teams, Petrakis Field as their home field (games only), and uses Veterans' Memorial Park tennis courts. We use Wahlert gym for two days for our alumni basketball tournament. DISCUSSION Loras College has used Petrakis Field as their home field for more than twenty -three years and this Usage Agreement continues the arrangement we have had all these years. Highlights of the attached agreement include: • Three -year agreement, no fee • Loras will pay the costs of supplies, utilities, fuel and any other cost associated with their use of the field. • Any improvements they would like to the field will be done at their sole expense. • Signage shall not be placed without approval of the City and will be displayed only during times when the College is using the field. • Loras will prepare the field for their play and maintain the area around the field. • Loras will not have exclusive use but will be given scheduling priority. Dubuque Little League also uses the field, and all scheduling is worked out so that there is no conflict. 3 This arrangement has been beneficial to both the City and Loras College over the years and we have developed a great partnership. ACTION STEP I respectfully recommend and request City Council approval of the extension of the Usage Agreement with Loras College for Petrakis Field as it is one of our many partnerships with Dubuque's education providers. This agreement meets the Council's goals for Partnering for a Better Dubuque. MLW:et attachment 4 USAGE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND LORAS COLLEGE ,THIS USA E AGREEMENT (the Agreement) dated for reference purposes the X day of 2013, is made and entered into between the City of Dubuque, Iowa, a municipal corporation (City) and Loras College (College). SECTION 1. PREMISES AND TERM. 1.1. In consideration of the terms, covenants, conditions and agreements set forth in this Agreement, City hereby permits College to use the Petrakis Field, together with any and all easements and appurtenances thereto and subject to any easements and restrictions of record (the Premises), for a term of three (3) years commencing on January 1, 2014 and terminating at 11:59 p.m. on December 31, 2016 subject to all of the terms, covenants, conditions and agreements contained herein. 1.2. Termination. Subject to Section 7.1.2, either party may terminate this Agreement for any reason with or without cause upon thirty (30) days written notice to the other party. Upon termination, City shall have the right to enter the Premises and to assume exclusive use and control of the Premises. Upon termination of this Agreement, College agrees to surrender possession of the Premises in its condition as when first permitted use, or to restore the Premises to substantially the same condition, ordinary wear and tear excepted. 1.3. Condition of Premises. City shall deliver and College accepts the Premises in its condition as of the date of this Agreement. SECTION 2. FEE; UTILITIES AND OTHER COSTS. College shall not be required to pay City a fee for the use of the Premises but shall pay all costs of supplies, utilities, fuel and any other costs and expenses associated with College's use of the Premises. SECTION 3. IMPROVEMENTS. 3.1 College Improvements. College shall not construct any improvements on the Premises without the prior written approval of City. Upon termination of this Agreement, City at its option and upon written notice may require College to remove any improvements constructed by College from the Premises at College's sole expense and College shall have ninety (90) days after such notice to complete such removal. If College fails to remove the improvements within such ninety -day period, City may cause the improvements to be removed and College shall pay the costs of such removal within thirty (30) days of receipt of a statement therefore from City. Any improvements shall be at College's sole expense. College shall consider sharing the cost of improvements made to the Premises to benefit all users. 11- 25 -13baI 3.2. Signage. College shall not place any signage on the Premises without the prior written approval of City's Leisure Services Manager in the Leisure Services Manager's sole discretion. Signage shall ony be displayed during times when College is using the Premises. SECTION 4. UTILITIES. College shall pay all utilities associated with its use of the Premises. SECTION 5. REPAIRS / MAINTENANCE. In connection with its use of the Premises, College shall during the term of this Agreement, at College's own cost and expense, keep the Premises free of litter, in good order, condition and repair, and shall repair any damage done as a result of College's use of the Premises. SECTION 6. COMPLIANCE WITH LAW. During the term of this Agreement, College shall comply with all applicable laws applicable to College's use of the Premises, the breach of which might result in any penalty on City or forfeiture of City's title to the Premises. SECTION 7. USE OF LICENSED PREMISES. 7.1. College agrees that during the term of this Agreement, College's use of the Premises shall be exclusively for college baseball games and practices. College shall observe the following conditions: 1) All games and practices shall be scheduled through City's Leisure Services Department. 2) Use will be from March 1st through May 15th in the spring, and September 1st through October 15th in the fall, during which time City may only terminate this Agreement for cause 3) College's usage of the Premises is not exclusive, but the use by the College shall have priority over all other uses. SECTION 8. INSURANCE. 8.1. College shall at all times during the term of this Agreement maintain insurance as set forth in the City's standard Insurance Schedule for Lessees of City Property, a copy of which is attached to this Agreement. 8.2. College shall deliver to City promptly after the execution and delivery of this Agreement the original or duplicate policies or certificates of insurers satisfactory to City evidencing all the insurance which is then required to be maintained by College hereunder, and College shall, within thirty (30) days prior to the expiration of any such insurance, deliver other original or duplicate policies or other certificates of the insurers evidencing the renewal of such insurance. -2- SECTION 9. INDEMNIFICATION. 9.1. Indemnification of City. Except as otherwise provided herein, College shall protect, indemnify, and save harmless City, its officers, and employees (the Indemnified Parties), from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) imposed upon or incurred by or asserted against the Indemnified Parties by reason of (a) any accident, injury to, or death of persons or loss of or damage to property occurring on or about the Premises during the term of this Agreement and resulting from any act or omission of College or anyone claiming by, through, or under College during the term of the Agreement; and (b) any failure on the part of College to perform or comply with any of the terms of this Agreement. In case any action, suit, or proceeding is brought against the Indemnified Parties by reason of such occurrence, College will, at College's expense, resist and defend such action, suit, or proceeding. 9.2. Indemnification of College. Except as otherwise provided herein, City shall protect, indemnify, and save harmless College, its officers and employees (the Indemnified Parties) from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) imposed upon or incurred by or asserted against the Indemnified Parties by reason of (a) any accident, injury to, or death of persons or loss of or damage to property occurring on or about the Premises during the term of this Agreement and resulting from any act or omission of City or anyone claiming by, through, or under City during the term of the Agreement; and (b) any failure on the part of City to perform or comply with any of the terms of this Agreement. In case any action, suit, or proceeding is brought against the Indemnified Parties by reason of such occurrence, City will, at City's expense, resist and defend such action, suit, or proceeding. SECTION 10. ASSIGNMENT AND SUBLETTING. College shall not assign or transfer this Agreement. SECTION 11. NOTICES. 11.1. All notices, demands, or other writings in this Agreement provided to be given or made or sent, or which may be given or made or sent, by either party to the other, shall be deemed to have been fully given or made or sent when made in writing and deposited in the United States mail, registered and postage prepaid, and addressed as follows: TO CITY: City Manager City of Dubuque, Iowa 50 West 13th Street Dubuque, Iowa 52001 -3- TO COLLEGE: Office of the President Loras College 1450 Alta Vista Street Dubuque, IA 52001 11.2. The address to which any notice, demand, or other writing may be given or made or sent to any party as above provided may be changed by written notice given by the party as above provided. CITY OF DUBUQUE, IOWA By: Roy D. B Attest: Mayor Key. . Firnstahl, ity erk LORAS COLLEGE By: 1C G mes E. Collins, President Insurance Schedule A shall furnish a signed Certificate of Insurance (COI) to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to contract or lease commencement. All lessees of City property shall submit an updated COI annually. Each Certificate shall be prepared on the most current ACORD form approved by the Department of Insurance or an equivalent. Each certificate shall include a statement under Description of Operations as to why issued. Eg: Project # or Lease of premises at or construction of 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. 8. Whenever an ISO form is referenced the current edition of the form must be used. -5- Insurance Schedule A (continued) Exhibit I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit Products - Completed Operations Aggregate Personal and Advertising Injury Limit Each Occurrence Fire Damage Limit (any one occurrence) Medical Payments a) b) c) d) e) f) g) $2,000,000 Limit$1,000,000 $1,000,000 $1,000,000 $ 50,000 $ 5,000 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. Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit." Include endorsement indicating that coverage is primary and non - contributory. Include endorsement to preserve Governmental Immunity. (Sample attached). Include an endorsement that deletes any fellow employee exclusion. 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. Use ISO form CG 20 10. Ongoing operations. If vendor utilizes Trikkes or Segways in the conduct of business, include an endorsement reflecting that these vehicles are not excluded from Commercial General Liability coverage. B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85 as amended. Coverage A Coverage B Statutory —State of Iowa Employers Liability Each Accident Each Employee- Disease Policy Limit - Disease $100,000 $100,000 $500,000 Policy shall include an endorsement providing a waiver of subrogation to the City of Dubuque. -6- Preservation of 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. 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. 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 -7-