Area Residential Care, Inc._Vocational Services AgreementCity of Dubuque ITEM#
ITEM TITLE: Area Residential Care, Inc., (ARC) - Vocational Services Agreement
SUMMARY: City Manager recommending approval of the Area Residential Care, Inc.,
Vocational Services Agreement for 2014 for the cleanup of litter and raking
of playground safety surfaces at four department locations.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Name: Description:
❑ ARC Vocational Services Agreement.docx ARC Vocational Services Agreement -MVM Memo
E ARC VOCATIONAL SERVICES AGRMT FOR 2014.pdf Agreement
THE CITY OF
Dui
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: ARC Vocational Services Agreement
DATE: April 28, 2014
Dubuque
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AI -America City
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2007 • 2012 • 2013
Leisure Services Manager Marie Ware recommends City Council approval of the Area
Residential Care, Inc. Vocational Services Agreement for 2014 for the cleanup of litter
and raking of playground safety surfaces at four department locations. This
arrangement assists the Department with cleanup and maintenance and provides for
supervised work of Area Residential Care clients.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
1,1144 ..,
Mic ael 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
AGREEMENT
BETWEEN
AREA RESIDENTIAL CARE, INC. VOCATIONAL SERVICES
AND
THE CITY OF DUBUQUE, IOWA
This Agreement, dated for reference purposes the 20th day of May, 2014 is
made and entered into by and between Area Residential Care, Inc. Vocational Services
(ARC) and the City of Dubuque, Iowa (City).
Whereas, ARC maintains a supported employment contract/labor service on a
ongoing basis; and
Whereas, City desires ARC to supply litter pick-up services.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
SECTION 1. SERVICES PROVIDED BY ARC. Beginning on the 20th day of May,
2014, ARC will provide and perform for City the services described in the Schedule of
Services, attached hereto as Exhibit A, at the locations indicated.
SECTION 2. ARC PERSONNEL. All personnel furnished by ARC will be employees
of ARC and ARC will pay all salaries and expenses of, and all federal, social security,
federal and state unemployment taxes, and any similar payroll taxes relating to such
employees, and will carry workers compensation insurance for such employees. ARC
is, for all purposes, an independent contractor, and will not directly or indirectly, act as
an agent, servant or employee of City, or make any commitments or incur any liabilities
on behalf of City without City's express written consent.
SECTION 3. ASSUMPTION OF RISK. ARC will provide for all proper safeguards and
shall assume all risks incurred in performing its services hereunder.
SECTION 4. INSURANCE. ARC will provide insurance as set forth in the attached
Insurance Schedule A.
SECTION 5. SPECIAL INSTRUCTONS. Without limiting the responsibility of ARC for
the proper conduct of its personnel and the services to be performed, the conduct of the
personnel is to be guided by the rules and regulations as agreed upon between City and
ARC and any additional special written instructions as may be issued by City to ARC.
SECTION 6. SUPERVISION. ARC is responsible for the direct supervision of its
personnel through its designated representative and such representative will, in turn, be
available at all reasonable times to report and confer with the designated agents of City
with respect to services rendered.
SECTION 7. PAYMENT OF SERVICES. In exchange for performance of services,
City shall make payment to ARC for servicesrendered hereunder at the rate of $22.37
per FTE, with total contract amount not to exceed $3,350, payable on the first
working day of the month following the month in which services were rendered. ARC will
give City customer at least (30) days notice of any price change for services and City
will notify ARC of any changes in the desired services covered by this Agreement.
SECTION 8. FORCE MAJUERE. ARC will perform all services required hereunder,
except when prevented by strike, lockout, act of God, accident or other circumstances
beyond its control.
SECTION 9. INDEMNIFICATION. ARC agrees to defend, indemnify and hold
harmless City, its officers and employees, from and against any and all claims of any
kind arising out of the negligence of ARC, its officers, agents and employees, in the
performance of this Agreement.
SECTION 10. TERM. The term of this Agreement is from the 20th day of May, 2014
until midnight on the 31st day of October, 2014. Notwithstanding the foregoing, this
Agreement may be terminated by either party for any reason with or without cause upon
(30) days written notice by registered mail to the other party.
SECTION 11. ENTIRE AGREEMENT. This Agreement may be executed in any
number of counterparts, and together with the attached Schedules contains all the
covenants *and agreements between said parties with respect to the subject matter of
this Agreement.
SECTION 12. SUPPLIES. AH supplies to be used for safety purposes (masks,
hearing protection, goggles, gloves, eye protection, and helmets) will be provided by
ARC.
CITY OF DUBUQUE, IOWA AREA RESIDENTIAL CARE, INC.
VOCATIONAL SERVICES
By:
Roy D. ol, Mayor
ATTEST:
By:
0%7
Key' S. Firnstahl, ty Clerk
By: t-t-a.e_.
EXHIBIT A
SCHEDULE OF SERVICES
Tasks to be done for Leisure Services Parks Division.
Leisure Services will supply trash bags and rakes. Crew leaves any trash picked up by
the trash cans at the Park. If it is rainy weather it is OK to reschedule the pick up on the
next day. Pop cans and bottles picked up are an Area Residential Care option on how
to dispose or redeem.
Locations:
1. Skate Park by McAleece Field on City Island. Pick up litter on Monday and
Thursday. Pick up the litter inside and outside the fence and around the parking lot.
Estimated 2 FTE hours each day
2. Allison -Henderson Park by North Grandview & Delhi. First priority is raking of the
wood chips by the playground equipment. Workers should level the chips and make
sure there is a safe amount under each piece of equipment. Second priority is to pick
up the litter by and around the park, as time is available.
2 hours FTE, one day per week.
3. Comiskey Park on 25th and Jackson Streets. First priority is raking of the wood
chips under the playground equipment. Second priority is to pick up the litter in the
entire park, as time is available.
2 hours FTE, one day per week.
4. Bunker Hill Offices. First priority is to pick up all litter around buildings, garages, and
parking lots. Second priority is to pick up litter along Grandview Avenue by the golf
course from the street to the fence.
2 hours of FTE
Other tasks and areas as mutually agreed upon.
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Insurance Schedule A
1. Area Residential Care, Inc. Vocational Services (ARC) 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 and Right of Way Permit Holders 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: Litter Pickup Services.
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 150 form is referenced the current edition of the form must be used.
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Insurance Schedule A (continued)
Exhibit 1
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 I50 commercial general liability form CG 0001, or Business owners form BP 0002,
shall be clearly identified.
b) Include I50 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 an endorsement that deletes any fellow employee exclusion.
f) 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 I50 form CG 20 10. (Ongoing operations).
g) 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 $100,000
Each Employee -Disease $100,000
Policy Limit -Disease $500,000
Policy shall include an endorsement providing a waiver of subrogation to the City of Dubuque.
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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
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