Hillcrest Family Services_Murphy Park Usage AgreementTHE CITY OF
Dui
Masterpiece 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: July 3, 2014
Dubuque
band
AI -America City
r
2007 • 2012 • 2013
Leisure Services Manager Marie Ware recommends City Council approval of an
agreement with Hillcrest Family Services for use of Murphy Park from October 30th
through January 10th to set up a holiday light display.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
bd-144 c,
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Marie Ware, Leisure Services Manager
THE CITY OF
Dui
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Marie Ware, Leisure Services Manager
SUBJECT: Agreement with Hillcrest Family Services to use Murphy Park
DATE: July 2, 2014
INTRODUCTION
Dubuque
All -America City
h r
2007 • 2012 •2013
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 26th through January 1st
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. This is the 20th anniversary of
Reflections in the Park and Hillcrest has raised over $1,000,000 from this event since
it started. Last year, they had over 40,000 vehicles go through the park and view the
displays.
The Park and Recreation Commission recommended approval of the agreement at their
July 8th meeting.
ACTION STEP
The action requested is for Council approval of the usage agreement.
MLW:et
attachment
1
AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
HILLCREST FAMILY SERVICES
This Agreement, dated for reference purposes the 7th day of July, 2014, 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.
WHEREAS, City is the owner of Louis Murphy Park (the 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 is October 30, 2014
through January 10, 2015.
SECTION 3. RENTAL. Hillcrest must pay to City on or before October 30, 2014 rent of
$1.00.
SECTION 4. USE OF PROPERTY.
4.1. Hillcrest agrees that the Park will be used only for a holiday light display whereby
viewers will drive or walk through the Park to view the display. Hillcrest will require all
viewers to stay on the roadway at all times.
4.2. The location of displays, construction type (if attached to trees or buildings), and
alterations to grounds, must be approved by City's Leisure Services Manager prior to
installation. A written plan outlining the above mentioned items must be submitted to the
Leisure Services Manager by October 1, 2014.
SECTION 5. GROUNDS AND MAINTENANCE. Hillcrest is responsible for the following:
(1) Prompt snow removal from all Park roadways.
(2) All electrical connections for the displays, and the cost of electricity; Hillcrest
agrees to reimburse the City for all costs during the time period of this Agreement.
(3) Erection and maintenance of the displays.
071812ba1
(4) Return of all grounds to their original condition after removal of the displays.
(5) Prompt trash and litter pickup and removal throughout the term of the
Agreement.
(6) Compliance with all applicable City ordinances, including building and
electrical codes.
SECTION 6. MANAGEMENT AND CONTROL OF THE PARK. Hillcrest agrees that City
will continue to have sole management authority and control of the Park, except that
Hillcrest is 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 the 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 or transfer any interest in this
Agreement.
SECTION 10. TERMINATION. In the event Hillcrest fails 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 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 Park to its original condition.
CITY OF DUBUQUE, IOWA HILLCREST FAMILY SERVICES
By: / \ By: / G�/l�iu(A ///Z
Michael C. Van Milligen
City Manager
City of Dubuque Insurance Requirements for Tenants and
Lessees of City Property or Vendors (Suppliers, Service
Providers), and Right of Way Permit Holders
Insurance Schedule A
Hillcrest Family Services 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 # or Lease of premises at Flora Park or
construction of or right of way permitted location and description
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.
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.
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.
Whenever an ISO form is referenced the current edition of the form must be used.
Page 3 of 5 Pdfconvert.11765.1.HILLCREST-SERVICES_MURPHY PARK_2014.Doc
City of Dubuque Insurance Requirements for Tenants and
Lessees of City Property or Vendors (Suppliers, Service
Providers), and Right of Way Permit Holders
Insurance Schedule A (continued)
Exhibit 1
A) COMMERCIAL GENERAL LIABILITY
B)
Page 4 of 5
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.
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.
Pdfconvert.11765.1. HILLCRE ST -SERVICES MURPHYPARK _2014. Doc
City of Dubuque Insurance Requirements for Tenants and
Lessees of City Property or Vendors (Suppliers, Service
Providers), and Right of Way Permit Holders
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 Pdfconvert.11765.1.HILLCREST-SERVICES_ MURPHY PARK_2014.Doc
Hillcrestoi
family services
A ministry of the Iowa Conference of the United Methodist Church and the Synod of Lakes and Prairies, Presbyterian Church (USA)
Accredited by The Joint Commission
May 20, 2014
Marie Ware
Leisure Services Department
2200 Bunker Hill Road
Dubuque, IA 52001-3010
Dear Marie,
ADMINISTRATION
2005 Asbury Road
Dubuque, IA 52001
563/583-7357
Toll Free: 877/437-6333
Fax: 563/583-7026
www.hillcrest-fs.org
Please consider this our official request for use of Murphy Park for the 2014 Reflections
in the Park: a Hillcrest Lights Festival, our 20th Anniversary year! And what a
partnership we have developed with the Leisure Services Department over the years. We
are so grateful for your part in this wonderful community event. We would like to have
the trailers arrive on Monday, November 3 to start transforming the park into a winter
wonderland.
We are now all green with displays sporting LED lighting. We will have similar numbers
of displays in Murphy Park as last year, as well as all the strung lights we put throughout
the park. There will be a number of new displays never seen in the park before and
added sparkle so our 20th anniversary year should be a great Season.
Reflections Gala party and drive through for sponsors will be Tuesday, November 25. As
in the past, we will open to the public on Thanksgiving Day and be open from 5pm to 10
pm nightly through New Years Day.
We are thrilled that the last three years' revenues have set records for visitors attending
the light show. We appreciate the great cooperation shown by you and the Leisure
Services Department, the City Council and other City of Dubuque administration.
Please direct any questions you may have to me or Sondra Bennett in the Mission
Advancement Office.
Sincerely,
Gary L. Gisemer,
President/CEO
/�