Signed Contract_Hillcrest Family Services Lease of Murphy Park AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
HILLCREST FAMILY SERVICES
This Agreement, dated for reference purposes the /&day of 2016, 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, 2016
through January 10, 2017.
SECTION 3. RENTAL. Hillcrest must pay to City on or before October 30, 2016 rent of
$1.00. i
SECTION 4. USE OF PROPERTY.
4.1. Hillcrest agrees that the Park will be used only for a hol.iday 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, 2016.
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.
All temporary wiring and required ground fault interrupter must be installed by a
091816ba1
state licensed electrical contractor. No utility poles may be energized until approved
by the City of Dubuque Building Services Department.
(3) Erection and maintenance of the displays.
(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.
SECTION 11. SPECIAL EVENT PERMIT. Hillcrest must apply for and comply with all
requirements of the Special Event Permit.
CITY OF DUBUQUE, IOWA HILLCREST FAMILY SERVICES
By: By:
Michael C. Van Milligen
City Manager
2
Hillcrest Fannily Services Pr0l)OSal01AI1SLII-,1IICC
Coverage Specifications Inland Marine
Company: Hartford
A.M.Best Rating: A,XV
Status., Admitted
Rating andStatus as of.
Poficy# 83UUAfA14748
LIGHTS IN THE PARK LIMIT: $150,000
Deductible: $2,500
TOTAL ESTIMATED ANNUAL PREMIUM $1,521
Cot 6iigii,iiii&Butler ltiskM,,iiiigeiiiciit 12
City of Dubuque Insurance Requirements for Tenants and Lessees of City Property or
Vendors(Suppliers, Set-vice Providers),or Right of Way Permit Holders
Insurance Schedule A
I- shall furnish a signed Certificate of Insurance(COQ 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 ofstay Permit Holders shall submit an updated Cot 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 ofAur better in,the current A-1 -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 C-A-Ir of
Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breachof
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 e-quivalentform may be substituted subject 110 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 coveragellim its,or greater if required by law or other
legal agreement,in Exhibit L
8- Whenever an ISO,form is referenced the current-edition of the form must be used- If provider's rimits of
liability are higher than the required minimum limits then the provider's limits shall be this agreement's
required limits_
Page1 of 3 Schedule A Property Or Vendors May 2016
V
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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 Hurlers
Insurance Schedule A (continued)
)
Exhibit 1
Aj E€OFAMERCIAL GENERAL LIABILITY
Generat Aggregate Limit $2,000,000
Products- ampleted Operations Aggregate Limit $1,E70r%(100
Personal and Advertising Injury Limit $1,000,(100
Each occurrence $1,000,4100
Fire Damage Limit(any one occurrence) 50,000
Medial Payments SAO
a) Coverage shall be written on an occurrence,not claims made,form.The general liability
coverage shall be written in accord with 130 form CG0001 or business owners form BPl7tlti2.
All de+natimns from the standard ISO commerciat genera liability form CG 0001,or Business
owners form BP 0002,shall be clearly identified.
b) Include ISO endorsement form CG 2104'Designated Locations)General Aggregate Lim it_'r
c) Include endorsement indicating that coverage is primary and non-contributory.
d) Include endorsement to preserve Govemmental Immunity-(Sample atta€hed)_
Q 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,alt its employees
and volunteers,a 1 its hoards commissions and/or authorities and their board members,
employees and volunteers.Use W form CG 2010(ongoing operations)or its
equivalent_
g) If vendor utilizes Trikkes orSegways in the conductof business,include an endorsement
reflecting that these vehicles are not excluded from Commercial General Liability coverage.
B) WORKERT COMPENSATION&EMPLOYERS LIABIL Flf
Statutory benefits covering all employees injured on the job by accident or disease as prescribed by
Iowa Code Chapter SS as amended._
Coverage A Statutory—State of Iowa
Coverage B Employers Liability
Each.Accident $100jo0II
Each Employee-Disease $100,000
Policy Limit-Disease $SGDDGO
Policy shall include an endorsement providing a waiver of subrogation to the City of Dubuque_
C) Pailution Ua illty Coverage required eyes n�
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
$440 ,0110 policy aggregate
a) Polley to include premises and transportation coverage_
bj Include additional insured as stated in Af above-
c) Include preservation of gweernmental immunity as stated in Ad above.
d) Provide evidence of coverage for S years after completion of project.
Page 2 of 3 Schedule A Property Or Vendors May 2015
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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. Non Iver of Governmental Immunity.The insurance carrier expressly agreess 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 6714 as it is now exists and as it may be amended from time to time_
2_ Claim-,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
5M4 as it now exists and as it may be amended from time to tirrve-Those claims not subject to
Code of Iowa Section 670.4 shalt 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
writtenrequest 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 ftlicy-The above preservation of governmental Immunities sh-all not otherwise
change or after the coverage available under the poricy-
S-_wPhE IMEN
Page 3 of 3 Schedule A Property Or Vendors May 2016
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