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Signed Contract_Miller Riverview Campground_Clayton PA Glare THE CITY OF Dubuque UU1T-% NFAmeBCaCU� 15 E Masterpiece on the Mississippi 2007.2012.2013 TO: Michael C. Van Milligen, City Manager AAwv;� ,, FROM: Marie L. Ware, Leisure Services Manager►/ ' SUBJECT: Management Agreement for Miller Riverview Park Campground DATE: February 17, 2016 INTRODUCTION The purpose of this memorandum is to request your signature on the Management Agreement for Camping at Miller Riverview Park with Kenneth M. and Nancy E. Clayton. DISCUSSION The Claytons have been contracted each year to manage the campground for the 2008 — 2015 seasons. He is a retired John Deere employee with a great deal of camping experience. We have paid and as a part of the attached contract will pay the manager $4.00 per camping unit per day. This has worked well for us in the past. If the river is high and the park is under water we do not pay them. Barry Lindahl, City Attorney, reviewed this agreement and approves. The agreement does not require City Council approval, just your signature. Per our Park Division Review, we will be researching various options related to campground management before the Fiscal Year 2018 budget preparation. ACTION STEP The action requested is that you approve and sign the Management Agreement for camping at Miller Riverview Park with Kenneth and Nancy Clayton. MLW:et attachment: Management Agreement cc: Steve Fehsal, Park Division Manager 1 MANAGEMENT AGREEMENT FOR CAMPING AT MILLER RIVERVIEW PARK AND DUBUQUE WATER SPORTS CLUB BETWEEN THE CITY OF DUBUQUE, IOWA AND KENNETH M. CLAYTON AND NANCY E. CLAYTON This Agreement, dated for reference purposes the MA day of y , 2016, 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. and Nancy E. Clayton, jointly and severally (Manager), 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 is from April 13th, 2016 until midnight on October 31, 2016. This Agreement may be terminated by City upon three (3) days' written notice delivered to Manager and by Manager upon thirty (30) days' written notice delivered to City. SECTION 2. MANAGEMENT. Manager will manage the camping operation at Miller Riverview Park and Campground (the Park) and the Dubuque Water Sports Club (the Club). Manager will register camping units not registered through the online reservation system, collect fees, keep accurate and detailed records, and open and close the Park. Manager will make all records available for review by City on a monthly basis or as desired by City. Manager will also collect fees and manage and oversee camping at the Club. Manager 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 will have no responsibility nor any liability for any condition of the grounds, roads, and premises in the Park not caused or created by 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 hot water in the rest rooms and for Manager to use for their camper/office, electrical costs associated with the Manager's 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 021016bal throughout the park, cost of cleaning the pavilions at the north end of the park, turf repair, inter alia. SECTION 4. SUPERVISION. Manager must supervise the Park, including the enforcement of rules, regulations, and ordinances established by City. This supervision 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. Manager 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 Manager 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 CONTRACTORS. City and Manager agree that the relationship between them is not that of employer and employee, but rather that Manager is an independent contractor. City will not be providing worker's compensation for Manager. SECTION 7. FUNDS RECEIVED. Manager will follow Leisure Services Department Money Handling Policies, a copy of which is attached hereto, for funds collected. SECTION 8. CONCESSION BUSINESS. This Agreement does not allow for the operation of a concession business or any other type of business by Manager at the Park without the prior written approval of City. If City approves a concession, Manager must 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. Manager must 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 insurance with an insurance company authorized to conduct business in the State of Iowa and rated A or higher in Bests Rating Guide, and must maintain said insurance at all times during the Term. 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: 2 Commercial General Liability Limit Each Occurrence $1,000,000 Personal & Advertising Injury Limit $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 SECTION 11. INDEMNIFICATION. Manager agrees to defend, indemnify and hold harmless City, its officers and employees from and against any and all claims arising out of Manager's negligence in the performance of this Agreement. This indemnification does not apply to any claims arising out of any condition of the grounds, roads, or premises in the Park not caused or created by Manager. CITY OF DUBUQUE MANAGER By: By: � Michael . Van Milligen Kenneth M. Clayton City Manager By. ---. Nancy . Clayton 3 LEISURE SERVICES DEPARTMENT MONEY HANDLING POLICIES MILLER RIVERVIEW PARK CAMPGROUND Assignment Position Title or Primary Individual(s) Name Segregation of Duties A Biller/Invoicer Confidential Account Clerk Cannot also be B, C, or D B) Cash Collection Campground Managers Cannot also be A, D, or E Point Cashier C) Cash Collection Campground Managers Cannot also be A or E Point Supervisor (Enter N/A if assignment is notapplicable) D Deposit Preparer Campground Managers Cannot also be A, B, or E E Reconciler Confidential Account Clerk Cannot also be B, C, or D Miller Riverview Park campground is a city-run campground operated through the Park Division. The Leisure Services Department contracts with a campground manager on an annual basis. The campground manager is responsible for registration, reservations, and payments for camping at Miller Riverview Park. A. The change bank fund of$100 is kept in a locked safe in the campground manager's office during the season (April 15th — October 31 st). The $100 is issued from and returned to the Finance Department at the end of the season. B. A computer, credit card reader and cell phone are also issued to the campground manager and returned at the end of the season. C. Customers can reserve campsites online through the Hercules Reservation Software. Customers input their contact information and submit credit card payment through Hercules' secure online booking engine. D. The campground manager can accept campsite reservations by phone or in person by accessing the front office of the Hercules Reservation Software. E. The campground manager will input the customer's information to reserve an available campsite. F. Once all information is entered the campground manager will accept payment. I. PAYMENTS RECEIVED BY CASH A. The campground manager will select the cash option from the payment screen. 021016bal B. The amount due is entered and payment is processed. C. Cash is collected from the customer and placed in bank bag. D. Change is given if necessary from bank bag. E. A reservation confirmation form can be emailed to the customer, or is printed and given to the customer as a receipt. F, Bank bag is returned to locked safe in campground manager's office. II. PAYMENTS RECEIVED BY CHECK A. Campground manager will not accept starter or counter checks that do not have account holder's name and address preprinted on the check. B. Campground manager will request to see license / photo ID to match name on check with name on license / photo ID. C. Campground manager will stamp bank deposit information on back of check in front of customer. D. The campground manager will select the check option from the payment screen. E. The amount due is entered and payment is processed. F. A reservation confirmation form can be emailed to the customer, or is printed and given to the customer as a receipt. G. Checks will be placed in bank bag and returned to locked safe in campground manager's office. H. Checks will not be accepted for over the fee due with the intent of giving cash back to customer. III. PAYMENTS RECEIVED BY CREDIT/ DEBIT CARD IN PERSON A. Credit card payment will not be accepted from anyone other than the person listed on the card, even if a supposed spouse or child. B. The campground manager will select the credit option from the payment screen. C. The amount due is entered. D. The credit card is swiped through the credit card reader and payment is processed. E. A reservation confirmation form can be emailed to the customer, or is printed and given to the customer as a receipt. IV. PAYMENTS RECEIVED BY CREDIT/DEBIT CARD VIA TELEPHONE A. Customer credit card information will be entered'directly into Hercules software payment screen. B. The Campground manager will ask for the security code number of the credit card and enter that number in the appropriate field. 5 C. A reservation confirmation form can be emailed to the customer, or is printed and given to the customer upon arrival to the campground. V. MONEY HANDLING AT CLOSE OF EACH BUSINESS DAY A. At the end of each day, the campground manager will separate the receipts, cash and checks from the bank bag. The initial $100 will be placed back in the bag and stored in the locked safe in the campground manager's office. B. The campground manager will print a report from the Hercules Reservation software which lists all payments and payment types from the day. C. The campground manager will fill out a deposit slip for the cash and check transactions and place the slip and the deposit in a locked deposit bag. D. The locked bank bags are picked up by Park Patrol three times a week and more often during busy times. The bank bags are deposited into the night deposit box. E. Park patrol delivers the log paperwork, and receipts in a locked bank bag to the Confidential Account Clerk. F. Park patrol picks up the bag from the bank the following day and delivers the deposit statement to the Confidential Account Clerk. G. The empty bags are returned to the campground manager by Park Patrol. VI. SAFE ACCESS Only the campground manager and Park Division Manager have access to safe. VII. CAMPGROUND REFUNDS A. If the customer has paid with a cash or check. B. Full refund by city check is issued to customer if requested forty-eight (48) hours before reserved date. C. No refund will be issued if request is less than forty-eight (48) hours before reserved date unless approved by Park Division Manager. D. If customer requests refund, Campground Manager will complete a refund request form with appropriate contact information and attach a carbon of the original camping reservation receipt. E. Refund request is given to Lead Secretary or Confidential Account Clerk to type a Direct Pay voucher that will be given to Account Clerk in Finance Department so a check can be mailed directly to citizen's home. F. Lead Secretary or Confidential Account Clerk will make a copy of Direct Pay voucher and attachments and keep in file for two years. G. If park is closed due to Mississippi River flooding and refunds must be issued, steps 3 through 5 above will be followed, except no customer refund request form will be completed since refund is automatic if park is closed by city. 6 H. If a customer has made an online reservation and submitted a credit card payment through the Hercules Reservation Software, they must contact the campground manager to request a refund. I. No refund will be issued if request is less than forty-eight (48) hours before reserved date unless approved by Park Division Manager. J. With approval, the campground manager can reverse the charges back to the customer's credit card. K. An email confirmation can be sent to the customer, or printed on their next return. L. This process can be repeated for any credit card refund of campsites. 7