Holy Family Catholic Schools Indemnification Agreement Copyright 2014
City of Dubuque Consent Items # 11.
ITEM TITLE: Holy Family Catholic Schools Indemnification Agreement
SUMMARY: City Manager recommending approval of an agreement
between Holy Family Catholic Schools and the City of
Dubuque for the purpose of stream cleanup and testing
activities at the Bee Branch Creek.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Holy Family Bee Branch Clean-Up and Testing City Manager Memo
Agreement-MVM Memo
Staff Memo Staff Memo
Agreement Supporting Documentation
THE CITY OF Dubuque
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Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Holy Family Bee Branch Clean-Up and Testing Agreement
DATE: March 15, 2016
City staff has been working with Holy Family Catholic Schools to create an agreement
which would allow students and teachers access to City property where the Bee Branch
Creek flows for the purposes of water quality monitoring and stream clean-up activities.
Wahlert students and teachers would periodically access the Bee Branch to remove
debris and trash from the property. They are also investing in water quality monitoring
gear for the purposes of testing the Bee Branch Creek. Information gathered would be
shared with the City of Dubuque to include in the measurable goals and annual
reporting requirements.
City Engineer Gus Psihoyos recommends City Council approval of an agreement
between Holy Family Catholic Schools and the City of Dubuque for the purpose of
stream cleanup and testing activities.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
Marie Ware, Leisure Services Manager
William O'Brien, Acting Water & Resource Recovery Center Manager
Don Vogt, Public Works Director
THE CITY OF J
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Masterpiece ori the Mississippi 2007.2012,2033
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
DATE: March 14, 2016
RE: Holy Family Bee Branch Clean-Up and Testing Agreement
INTRODUCTION
The purpose of this memo is to provide information on an agreement between Holy
Family and the City of Dubuque for the purpose of stream cleanup activities.
BACKGROUND
The City of Dubuque is required through the State permitted MS4 permit (Public
Involvement section) to: "continue to work with local water quality monitoring groups to
determine the water quality of waters of the state that receive discharges from the
MS4."
DISCUSSION
City staff has been working with Holy Family to create an agreement which would allow
students and teachers access to City property where the Bee Branch Creek flows for
the purposes of water quality monitoring and stream clean-up activities. The agreement
is attached for your signature.
Wahlert students and teachers would periodically access the Bee Branch to remove
debris and trash from the property. They are also investing in water quality monitoring
gear for the purposes of testing the Bee Branch Creek. Information gathered would be
shared with the City of Dubuque to include in our measurable goals and annual
reporting requirements.
REQUESTED ACTION
I respectfully request that the attached agreement be signed.
Prepared by Dean Mattoon
Cc: Deron Muehring, Civil Engineer 11
AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
HOLY FAMILY CATHOLIC SCHOOLS, DUBUQUE, IOWA
Whereas, Holy Family Catholic Schools, Dubuque, Iowa (Holy Family) operates
Wahlert High School; and
Whereas, Holy Family is interested in adopting a watershed along the upper Bee
Branch Creek for students at Wahlert High School, to allow students to participate in
cleanup activities and water quality monitoring on property owned by the City of
Dubuque (City); and
Whereas, City is willing to grant permission to Holy Family and the Wahlert
students to participate in such cleanup activities and water quality monitoring, subject to
the terms and conditions set forth here.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
SECTION 1. Permission is hereby granted to Holy Families Catholic Schools to enter
upon the property of the City of Dubuque shown on Exhibit A attached hereto for the
purpose of cleanup activities and water quality monitoring (the Property).
SECTION 2. The term of this Agreement is from April 1, 2016 until terminated by the
parties. Either party may terminate this Agreement by providing thirty days written notice
of termination to the other party.
SECTION 3. Holy Family Catholic Schools agrees:
(1) To defend, indemnify and hold harmless City, its agents, officers and
employees, from and against any and all claims for injury or damages to persons
or property arising out of or caused by the use of the Property.
(2) Upon receipt of notice from the City to defend at its own expense City, its
agents, officers and employees from any action or proceeding against City, its
agents, officers or employees arising out of or caused by the use of the Property.
The undersigned agrees that a judgment obtained in any such action or
proceeding shall be conclusive in any action by City, its agents, officers or
employees against the undersigned, when so notified as to the undersigned's
cause of the injury or damage, as to the liability of City, its agents, officers and
employees to the plaintiff in the first named action, and as to the amount of the
damage or injury. City, its agents, officers and employees may maintain an action
031016ba1
against the undersigned to recover the amount of the judgment together with all
the expenses incurred by City, its agents, officers and employees in the action.
SECTION 4. Holy Family Catholic Schools agrees to provide insurance as required by
the attached Insurance Schedule at all times during the term of this Agreement.
CITY OF DUBUQUE, IOWA
By:
Michael C. Van Milligen
City Manager
HOLY FAMILY CATHOLIC SCHOOLS,
DUBUQUE, IOWA
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EXHIBIT A
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INSURANCE SCHEDULE A
5
City of Dubuque Insurance Requirements for Tenants and Lessees of City Property or
Vendors (Suppliers, Service Providers), or Right of Way Permit Holders
Insurance Schedule A
1. 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 or construction of or right of way
permitted location and description
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.
S. 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. If provider's limits of
liability are higher than the required minimum limits then the provider's limits shall be this agreement's
required limits.
Page 1 of 3 Schedule A Property Or Vendors March 2016
6
City of Dubuque Insurance Requirements for Tenants and Lessees of City Property or
Vendors (Suppliers, Service Providers), or Right of Way Permit Holders
Insurance Schedule A (continued)
Exhibit I
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.The general liability
coverage shall be written in accord with ISO form CG0001 or business owners form BP0002.
All deviations from the standard ISO commercial general liability form CG 0001,or Business
owners form BP 0002,shall be clearly identified.
b) Include ISO 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 ISO form CG 2010(Ongoing operations)or its
equivalent.
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 Statutory—State of Iowa
Coverage B 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.
C) Pollution Liability Coverage required: yes no
Pollution Liability coverage shall be required if lessee has any pollution exposures including
abatement of hazardous or contaminated materials including,but not limited to,petroleum products,
the removal of lead,asbestos,or PCB's.Pollution product and complete operations coverage shall
also be covered.
$2,000,000 each occurrence
$4,000,000 policy aggregate
a) Policy to include premises and transportation coverage.
b) Include additional insured as stated in Af above.
c) Include preservation of governmental immunity as stated in Ad above.
d) Provide evidence of coverage for 5 years after completion of project.
Page 2 of 3 Schedule A Property Or Vendors March 2016
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City of Dubuque Insurance Requirements for Tenants and Lessees of City Property or
Vendors (Suppliers, Service Providers), or 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 anytime 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 3 of 3 Schedule A Property Or Vendors March 2016
8