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Home My WebLink About11-20-2014 Senior Center CommissionThe Center IOWA CITY/JOHNSON COUNTY SENIOR CENTER Regular Meeting of the Senior Center Commission Thursday November 20, 2014 4 p.m. —4:30 p.m. Room 209 Agenda Time 4-4:10 p.m. 1. Introductions—Honohan 2. Minutes (October 23, 2014) 3. Public Discussion of Items not on the Agenda 4. Commission Assignments—Honohan ✓ Commission Visits Board of Supervisors—???? Call in advance to be placed on the agenda and to check for time changes 1. Thursday December 4 and 18 at 9 a.m. City Council—???? All meeting dates are tentative and should be checked prior to attending 1. Tuesday December 2 and 16 at 7 p.m.--???? 4:10 —4:35 p.m. S. Discussion and Consideration of Requests Related to Changes in the Relationship Between the New Horizons Band and The Center —Members of the New Horizons Band Steering Council, Kopping 4:35 —4:50 p.m. 6. Review and Discussion of Draft Alcohol Policy 4:50 — 5:00 p.m. 7. Report on Ad Hoc Senior Services Committee - Honohan 5:00-5:25 p.m. 8. Operational Overview—Kopping • Nutrition Program • Staff Reports 5:25 — 5:30 p.m. 9. Commission Discussion—Honohan Meeting Packets: 1. Agenda November 20, 2014 2. Minutes from Thursday, October 23, 2014 3. November 14, 2014 Correspondence and Attachments from Jean Hill to Linda Kopping 4. November 14, 2014 Correspondence and Attachments from Linda Kopping to Jean Hill 5. Milkin Institute Best Cities for Successful Aging Announcement 6. Staff Reports 7. Alcohol policy draft Preliminary Minutes October 23, 2014 MINUTES SENIOR CENTER COMMISSION October 23, 2014 ROOM 209, IOWA CITY/JOHNSON COUNTY SENIOR CENTER Members Present: Jay Honohan, Chuck Felling, Kathy Mitchell, Jack Hobbs, Mark Holbrook, Margaret Reese, Rose Hanson Members Absent: Staff Present: Linda Kopping, Kristin Kromray, Michelle Buhman Others Present: None RECOMMENDATIONS TO COUNCIL: None. CALL TO ORDER: The meeting was called to order by Honohan at 4:00 PM. APPROVAL OF MINUTES FROM July 17, 2014 MEETING: Motion: To accept the minutes from the July 17, 2014 meeting. Motion carried on a vote of 6/0. Mitchell/Holbrook PUBLIC DISCUSSION OF ITEMS NOT ON THE AGENDA: None. COMMISSION ASSIGNMENTS: Honohan will attend City Council meeting in November. REPORT ON AD HOC SENIOR SERVICES COMMITTEE: Honohan reported that the Ad Hoc Senior Services continues to meet and that the committee is working on approving all parts of the report that will be submitted to the City Council. The report is to be submitted to the City Council by the end of November. There will be a chance for public comment on the report before it is submitted. 1 Preliminary Minutes October 23, 2014 UPDATE ON RELOCATION OF THE SENIOR NUTRITION PROGRAM: Kopping reported that the scissor lift on the loading dock was broken. The lift has been repaired and Elder Services is planning on removing the remainder of their large items soon. There continues to be a number of areas that need to be cleaned of smaller items. REPORT ON NEW HORIZONS BAND Kopping noted that currently student band instructors are temporary part time employees of the City who are paid once a semester and the band director is paid a stipend each semester. At the beginning of the semester the Director of the band mentioned to the New Horizons Band Steering Council that it was cumbersome and inconvenient for the students to go through the hiring process with the City and often resulted in bureaucratic mix-ups in which she had to become involved. The band steering council approached staff to look into alternatives to the current way the student instructors and director are paid. Specifically they wanted to know if we could pay the student band instructors with a stipend, like we pay the director in order to avoid the City employment process. Kopping and Buhman said they would investigate this, but advised against it due to concerns that it may lead to some unanticipated consequences. The Committee wished to proceed and Kopping agreed to work with Committee Chair, Jean Hill to follow up on this with Human Resources. Kopping indicated she prepared an e-mail that was reviewed by Hill and subsequently sent to the Director of Personnel. The Director of Personnel referred the question to the City's Legal Department and the City Attorney and Assistant City Attorney began to look more carefully at how The Center was paying the student instructors and band director. They indicated that the methods we have been using are not in compliance with the law. The options for resolving this situation that were given by the Director of Human Resources and the City Attorney's office are that the director of the band needed to become a part time temporary employee of the City or an independent contractor. In the latter circumstance the Senior Center would collect band participation fees and the director would be paid a set amount of money to compensate the director and all the student instructors. If this option were used, there would need to be a contract with the city outlining such things as the service to be provided, all fees, and indemnification. Rose Hanson arrives at meeting. 2 Preliminary Minutes October 23, 2014 The current director rejected both options. The NHB Steering Council then sent back two alternatives for consideration. They suggested that the Senior Center collect the fees and then cut a check to either the University of Iowa (making the University the fiscal agent for the band) or to the newly formed fundraising organization, Friends of the New Horizons Band. The City Attorney's office replied that if the University becomes the independent contractor, contracts would need to be signed with the University outlining the services provided. The second option was seen as problematic because of the historically close relationship with the band and the City. Working with Friends of the New Horizons Band would make that separation difficult when attempting to establish a clear line between the New Horizons Band and The Center. Kopping distributed a letter she drafted to the Steering Committee outlining the response to the inquiry and setting a two -week deadline for making an employment decision. This was in keeping with directives from the legal department. OPERATIONAL OVERVIEW Kopping reported that we will be getting new drinking fountain on the ground floor that will have a bottle filler option. Three coils were found to be leaking on the chiller. The repair for new coils may cost as much as $11,000. The FY16 budget is due to finance department. Kopping reported that various areas of the budget are split out into new orgs. Buhman reported that proofing of the winter program guide is currently taking place. The Earth Box project was very successful. The 175 anniversary of the City is occurring in December and Buhman has been working with the City Clerk's office on some programming for this. Buhman has completed the work on designating the Senior Center a blue zone work site. Lastly the Iowa City book festival went very well. This year was the first time the Senior Center was a location for programs for the Iowa City Book Festival and the programs held here went very well. COMMISSION DISCUSSIOn Honohan reported that the volunteer recognition dinner went very well. 3 Preliminary Minutes October 23, 2014 Mitchell asked that the alcohol policy be put on the agenda for the November commission meeting. ADJOURNMENT: Motion: To Adjourn. Motion carried on a vote of 7/0. Mitchell/Hobbs 4 Preliminary Minutes October 23, 2014 Senior Center Commission Attendance Record Year2014 Name Term Expires 11/21 12/19 1/16 1/30 2/6 2/20 3/3 3/20 5/15 6/19 7/17 10/23 Chuck Felling 12/31/15 NM X X X X X X X X X X X Rose Hanson 12/31/14 NM X O/E X X X X X X X X X Jack Hobbs 12/31/16 X X X O/E X X X X X X Mark Holbrook 12/31/14 NM X X X X X O/E X X X X X Jay Honohan 12/31/16 NM X X X X X X X X X X X Kathy Mitchell 12/31/15 NM X X X X X X X X X X X Margaret Reese 12/31/15 NM X X X O/E X X X X O/E X X Key: X = Present O = Absent O/E = Absent/Excused NM = No meeting -- = Not a member Linda Kopping From: Jean <jehill@mchsi.com> Sent: Friday, November 14, 2014 3:05 PM To: Linda Kopping; Michelle Buhman Cc: Alice Atkinson; Erin Wehr; David Carlson; Jerry Musser; Jan Hanson; Ken Slonneger Subject: Re: proposal Attachments: NHB Relationship to Senior Center 2015-1.doex Hi, Linda and Michelle, I hope we are still able to meet on Tuesday. I'm attaching what I call "Performance Group Modification for Iowa City New Horizons Band (2015). I don't think you will find many surprises in it, but it is good that you have it in hand before our meeting. Basically, we, the Steering Committee, want to remain a Performance Group minus the financials. Hopefully we can sort out the rest without too much trouble. I sincerely hope this represents a relationship that can continue indefinitely, Jean From: Linda Kopping Sent: Thursday, November 13, 2014 2:43 PM To: mailto:jehill mchsi.com Cc: Michelle Buhman Subject: proposal Jean: Rather than meet next Tuesday to discuss your proposals, please submit them to me in writing so Michelle and I can review them and get back to you. I am sure there will be some items we will need to investigate and give some thought to prior to providing a response. In the end, I believe this will expedite the entire process. Thanks for your cooperation. Linda Linda Kopping I Coordinator I Senior Center 28 South Linn St Iowa City, IA 52240 319-356-5225 �,a lnda-koppineVowa-city.ore o-a ,q -.- iw rm eunjo m 5'vmr comer.. Performance Group Modifications for Iowa City New Horizons Band (NHB) January, 2015 Senior Center Relationship NHB is a performance group at The Center in partnership with the University of Iowa and West Music Co. Senior Center Membership Required for all NHB members; eligible for parking discount. Use of Space Space will be available for Tuesday and Thursday instruction and practice, as well as other small group practices during the week. Current schedule will be followed or negotiated in advance. Concerts Seasonal concerts sponsored; Program Specialist works with NHB Steering Committee or designated leader(s) to develop appropriate promotional materials in a timely manner. All partners recognized. Setup assistance and refreshments provided. Storage and use of City -Owned Music and City -owned property left on site and available for use. Equipment Promotion in the Program Guide and other Concerts will be promoted with other special events and NHB Promotional Activities will appear under Performance Groups. Center staff will assist in distribution of promotional materials; recognition of all partners. Employees No City Employees. All Financial Services, Including Collection of Full responsibility assumed by NHB Steering Committee or Band Fees, Accounts Payable, Management of designee. Donations and Memorials, and Annual Budget. At the end of December 2014 or when the current payments Carryover Balance to students and director are made, the balance will be transferred to the designated University of Iowa account. It is estimated that the balance will be approximately the amount of the memorial from a recently deceased band member. Subsequently, the City NHB account will be closed. Music and equipment purchased prior to January 1, 2015 is owned , preserved, and maintained by Senior Center/ City of Music and Equipment Iowa City and available for use. Music and equipment purchased and/or donated after January 1, 2015 will be owned, stored, and insured by NHB or designated entity. Insurance on City owned Music and Equipment City of Iowa City insures all City owned equipment and music. Liability Insurance NHB members covered as members of the Senior Center. Photocopying Equipment and Discount To be negotiated. Linda Kopping From: Linda Kopping Sent: Friday, November 14, 2014 7:51 PM To: 'Jean Hill Qehill@mchsi.com)' Cc: 'ejrolenc@q.com'; 'Lynne Cannon (Icannon920@gmail.com)'; Eric Goers; Michelle Buhman; Jack Hobbs; 'Jay Honohan'; 'Jay Honohan (NRoamer@aol.com)'; 'Margaret Reese (Margaret.reese@mercyic.org)'; 'Margaret/Chuck Felling'; 'Mark Holbrook (mark- holbrook@uiowa.edu)';'Mitchell. kathy5@gmail. com (Mitchell.kathy5@gmail.com)' Subject: Response to proposal Follow Up Flag: Flag for follow up Flag Status: Flagged Jean: Please see the attached letter and documents. I look forward to hearing from you soon. Linda nov 14.pdf Ind Contractor Agreement modi... Linda Kopping I Coordinator I Senior Center 28 South Linn St Iowa City, IA 52240 319-356-5225 i;� linda-kopping Iowa-city.or Accmtlitetl hp �`� SQ,Inters O! �Find us y on Faceboi eiV*0 enter November 14, 2014 Jean Hill 1223 Duck Creek Drive Iowa City, IA 52246 Jean: We have reviewed your proposal and unfortunately it does not fit into the options available to US. This week Michelle and I met with Assistant City Attorney Eric Goers and the executive committees of the Senior Center Commission and Steering Council to discuss possibilities for resolving the current situation with the New Horizons Band that were within the law and the operational policies of The Center. The City Attorney's opinion of the situation has not changed; the NHB is either a performance group of the Senior Center OR they are an outside organization. The executive committees discussed current Center policies and how those policies are applied in all situations. They felt strongly that all policies be applied consistently in order to be practiced in a fair manner across all programs. To maintain compliance with the law and current policy, there appear to be only two options available. 1. NHB continue as a performance group of The Center offered in partnership with the University of Iowa and West Music. Director and student instructors are part-time temporary employees of the City. 2. NHB operate at the Senior Center under the leadership of an Independent Contractor. Senior Center policy prohibits outside groups from using the Center to collect fees or raise funds for any purpose other than to support the Senior Center. Because the NHB and ensembles collect participation and instructional fees, they would be identified as programs taught by an individual or organization working as an independent contractor. The individual or organization working as the independent contractor needs to complete and sign the standard IOWA CITY/JOHNSON COUNTYSENIOR CENTER Independent Contractor Space and Equipment Agreement. This contract needs to be completed prior to each term of instruction in a timely fashion. (This is the same contract used with the Director of the Linn Street Band.) It is my understanding that the independent contractor does not have to be the band director. For instance, if the NHB was a legal entity, it could be the independent contractor. Jean, I understand that the City employee option is off of the table, but I hope the steering council will reconsider the independent contractor option. If this is not acceptable, I'm not sure there are any other options available. It would be a tremendous loss to the Center and to the participants In the Band who come to the Center to enjoy the experience of playing music if a resolution of this problem cannot be found. I have attached a brief description of the relationship The Center has with Independent Contractors and a current copy of the Independent Contractor Agreement to this communication for your review. Ac rebitedby ram" Notional Institute of 228 South Linn Street, Iowa City, Iowa 52240 • www.icgov.org/senior Senior Centers Linda Kopping PhD, Coordinator • 319-356-5225 . Linda-Koppinx Iowa-citv.or The Senior Center Commission meets at the Senior Center at 4 p.m. on Thursday, November 20, 2014. The NHB will be on the agenda for discussion and you, or other representatives of the band, are invited to attend the meeting and discuss this situation directly with the full Commission. I have cdd the full Commission on this communication to provide them with background information. I will also send them the proposal you sent me earlier today as well as any additional information you can get to me by noon on Wednesday, November 19, 2014. Material can also be handed out at the meeting. I look forward to hearing from you in the near future. Best Regards, Linda Cc: Senior Center Commission Executive Committee Senior Center Steering Council Assistant City Attorney Eric Goers November 14, 2014 Independent Contractor/Senior Center Relationship Service/Definition Program Taught by Independent Contractor (Individual or Organization) NHB and ensembles identified as programs offered at The Center taught by an independent contractor (Individual or Organization). While the Independent Contractor can leave or relocate at any time, the Senior Senior Center Center has the right to maintain a NHB on the premises. The Independent Relationship Contractor will need to complete and sign the standard IOWA CITY/JOHNSON COUNTY SENIOR CENTER Independent Contractor Space and Equipment Agreement. This contract needs to be completed prior to each term of instruction in a timely fashion. Senior Center Appreciated, not required; needed for parking permit. Designated Membership intergenerational group. Scheduled space will be available for Tuesday and Thursday instruction and Use of Space practice. Space needs must be discussed with the Program Specialist at the time when the independent contractor agreement is signed. Specific needs will be spelled out in the Independent Contractor Agreement. Seasonal concerts sponsored; Program Specialist works with Steering Concerts Council or designated leader to secure appropriate promotional materials; set-up assistance and refreshments provided; recognition of all partners Promotion In the Program Guide and other Concerts and practices promoted with other events; Center staff will use Promotional Activities City resources to develop and distribute promotional materials Use of City owned Music and Equipment Available —Unless being used by an existing or future performance group Band Participation Fees Material fee collected at time of registration IF wish to use discounted copy services. Annual Budget None with City All Financial Services, Including Collection of Band Fees, Accounts None provided Payable, and Payroll Carryover Balance None November 14, 2014 Service/Definition Program Taught by Independent Contractor (Individual or Organization) Management of Donations, Memorials, None. If something was received by The Center, it would go in to the etc operational budget and be used to enhance the band's operation. Fees are paid directly to the Independent Contractor. 25%of the aross revenue from all instructional fees is given to The Center as Fees paid to Center reimbursement for the use of space and materials. This includes the Director and all student instructors. A list of participants for each class, section, and band is required. Photocopying Equipment Copying discount available at $0.06 a single -sided copy. Funded with a and Discount material fee. City Employees None Insurance on Music and Equipment All items purchased by the NHB will need to be insured by the NHB. Storage No additional storage available. Only City -owned property can be left on - site. IOWA CITYIJOHNSON COUNTY SENIOR CENTER Independent Contractor Space and Equipment Agreement This agreement is made and entered into between the Iowa City/Johnson County Senior Center (hereafter the "Center"), and (hereinafter the "Instructor") in Iowa City, Iowa. The parties agree as follows: 1. The Center shall provide the Instructor with a room for the purpose of teaching the class identified in paragraph six (6). The Center will also provide the instructional equipment identified in paragraph six (6) for each class session. 2. The Instructor of the class identified in paragraph six (6) is not an employee of the Center, but an independent contractor. He or she shall not be subject to direction by the Center in the conductor management of the course. Furthermore, any assistants shall be employees or subcontractors of Instructor, not employees or contractors of The Center. 3. The independent contractor will collect all class participation fees from the participants. As compensation for the use of space and equipment, the Instructor agrees that Center will receive 25% of the gross revenue within two weeks of the initial class session and within one (1) week of all class fees paid by late enrollees. Gross class revenue is defined as the total number of class participants multiplied by the class participation fee established by the Instructor. 4. Unless otherwise required by law, the Center does not intend and shall have no obligation for the Instructor's federal and state income employment taxes, and the Instructor retains all obligations and liability relating to withholding said taxes and shall hold the Center harmless from any failure on the Instructor's part to meet his or her obligations to do so. 5. Participants will occasionally pay a material fee to fund items (e.g. copying costs) used during the instruction of a class. When the instructor provides materials and wishes to be reimbursed for the cost of these materials, the participant shall pay the material fee directly to the instructor. When the Center is seeking reimbursement for material costs associated with a class, the fee is paid to the Center. In all circumstances involving material fees, the course description will identify the material fee per participant, note that this fee is in addition to the class fee, and indicate the payee. The material fee, if applicable, is identified in Paragraph 7 below. 6. Course Specifics: Title: Scheduled Date(s) and Time(s): Instructional Equipment Provided by the Center: Minimum Number of Enrollees Required Before Course Will Be Held: Maximum Number of Enrollees Allowed: Participant Class Fees: Class Fee/Participant Established by Instructor (Excluding Material Costs): Material Costs/Participant Provided by and Paid to the Instructor: Material Costs/Participant Provided by and Paid to the Center: Total Cost/Participant S. The Center will facilitate promotion and enrollment in the class through all or some of the following: local press releases, publication in the Center's newsletter and program guide, and signage in public areas of the building. The level of promotional support provided is dependent upon the timeliness of class information provided by the Instructor. All promotional information must be approved by the Center before being released or posted. The Center will also provide registration for the class. 9. While every effort will be made to provide continuity in class location, the Center does not guarantee the same room will be available for all classes taught during the course. 10. In the event the Instructor is not able to teach a class, due to for example illness, on any of the agreed upon class dates and times, the Instructor shall be solely responsible for notifying class participants and rescheduling the class(es) with the Center at a mutually convenient date(s) and time(s). 11. The Instructor shall supervise all course participants and shall ensure that all participants in the course at all times conduct themselves in a safe and proper manner, protecting other participants in the course and the physical facilities of the Senior Center. 12. The Center shall provide the Instructor with a list of registered course participants on the first day of class. Updated enrollment lists will be provided as necessary. 13. Upon reasonable cause, either party may terminate this agreement effective immediately upon the giving of written notice. Reasonable cause shall include but not be limited to: a. Material violation of this agreement; b. Any act exposing the other party to liability for personal injury or property damage; C. Impossibility of performance; or d. Total class enrollment is less than the minimum number stipulated in Paragraph six (6) two (2) business days prior to the first day of class. 14. The Instructor shall not deny services to any person on the basis of race, creed, color, sex, national origin, religion, marital status, sexual orientation, gender identity, or disability. 15. This Agreement may not be assigned by the Instructor without prior written consent of the Center. 16. There are no oral agreements that have not been reduced to writing in this instrument, and this writing constitutes the entire agreement between the parties. 17. Instructor agrees to indemnify, defend and hold harmless the City, its officers, agents and employees from and against any and all claims, losses, liabilities or damages, of whatever nature, including payment of reasonable attorney fees, arising from occurrences or accidents within the Center, from the Instructor's use of the Center arising from this agreement, or which may be caused in whole or in part by any act or omission of the Instructor including their agents or employees. Instructor Date Center Program Specialist Date T+te imclicatons & this dernagrachic shd req�Te ahentrn now, Cites 3€e at the frrei"cnt, as ther'ea ers act to help, order adu:s realize hea thy, ;.raouctive, and purposl tries. 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"d?lC� 3=0 r� cide dd'l scjzs, and SMALL Gulfs errgi3�2rsrtlm'v36 Spread the Word acllsC��gitl� �CaayotspRe�g� 11/19/2014 09:33 OF IOWA CITY 1 (CITY KKromray YEAR TO DATE REPORT IP glytdbud FOR 2015 04 ACCOUNTS FOR: ORIGINAL TRANFRS/ REVISED AVAILABLE PCT 10570100 Senior Center Administrations APPROP ADJSTMTS BUDGET YTD ACTUAL ENCUMBRANCES BUDGET USED 336110 Johnson County -70,000 0 -70,000 -29,612.00 .00 -40,388.00 42.3% 346400 Lessons -4,680 0 -4,680 -442.00 .00 -4,238.00 9.4% 346600 Membership Fees -50,000 0 -50,000 -20,956.00 .00 -29,044.00 41.9% 356200 Permit Parking -17,050 0 -17,050 -13,620.00 .00 -3,430.00 79.9% 362100 Contrib & Donations -51,000 0 -51,000 -2,012.00 .00 -48,988.00 3.9% 363910 Misc Sale of Merchandise -7,736 0 -7,736 -3,013.65 .00 -4,722.18 39.0% 369100 Reimb of Expenses 0 0 0 -126.20 .00 126.20 100.0% 382200 Building/Room Rental -400 0 -400 -240.00 .00 -160.00 60.0% 382400 Locker Rentals -1,224 0 -1,224 -400.00 .00 -824.25 32.7% 384200 Vending Machine Commission -322 0 -322 -108.44 .00 -213.15 33.7% TOTAL Senior Center Administrations -202,412 0 -202,412 -70,530.29 .00 -131,881.38 34.8% TOTAL REVENUES -202.412 0 -202.412 -70.530.29 .00 -131.881.38 Approved by the Senior Center Commission January 16, 2014 CITY OF IOWA CITY SENIOR CENTER ALCOHOL PERMIT GUIDELINES PROCESS 1. Request application: tentatively reserve requested date. 2. Submit application for review. (Allow at least 30 days prior to requested date.) APPLICATIONS AND APPROVAL All applicants wishing to reserve a room in the Senior Center and serve wine or beer must complete and submit the application form. Applications must be submitted at least 90 days prior to the date requested All applications must be approved by the Coordinator of the Senior Center and the City Manager. In the event of concurrent requests, priority will be determined on the basis of the time of filing of a completed application with the Coordinator. PURPOSES AND APPLICANTS Use of the rooms at the Center allowed for alcohol use shall be limited to entities which are approved by the Internal Revenue Service as 501 C (3) organizations, charitable organizations, and governmental entities. Use of the rooms shall be allowed for a) Galas. b) Fund Raising Events c) Other events approved by the Coordinator. CATERER A licensed liquor permit holder must be retained to serve wine or beer at the event. A copy of the license and dram shop insurance of the Caterer must accompany the application. FEE AND DEPOSIT The fee for the use of the Senior Center facility and a damage deposit as set by the Coordinator must accompany the application. ADDITIONAL INFORMATION If needed, contact the Coordinator at the Senior Center at (319) 356-5225. 817. Alcohol in the Library Policy See also: Meeting Room Policy #806, Conduct in the Library Policy #809, applicable Iowa laws and local ordinances regarding the serving, possession and consumption of alcohol. 817.1 Alcoholic beverages are strictly prohibited on Library property except in accordance with the provisions of this policy. 817.2 Wine and beer may be served at special events hosted by the Library or the Iowa City Public Library Friends Foundation. 817.3 With prior written permission from the Library Director of at least twenty-one (21) days wine and beer may be served at special events in Library meeting rooms hosted by other entities of City government and the Iowa City UNESCO City of Literature. 817.4 The use of alcoholic beverages in leased commercial space is governed by the terms of the lease. 817.5 All groups are responsible for securing any and all required licenses and insurance. Adopted: 10/25/12 ADMINISTRATIVE REGULATIONS FOR THE USE OF ALCOHOL at the Terry Trueblood Recreation Area Lodge and the Ned Ashton House. Pursuant to City Code..... (or Iowa Code 123?) The Iowa City Parks and Recreation Director or designee is authorized to issue written permission, via an addendum attached to an approve Facility Rental Permit, for the use of alcohol in the Terry Trueblood Recreation Area Lodge and the Ned Ashton House pursuant to these administrative rules, and in determining whether permission for such is approved, the following factors shall be considered: 1. The person's name recorded on the reservation form is responsible for the conduct and/or damages caused by any member of the group. The person must be 21 years of age or older. 2. The Parks and Recreation Department or their designee reserves the right to refuse service to anyone who appears to be intoxicated. Failure to act responsibly and maintain self-discipline may result in removal from the premises, legal intervention or termination of event. 3. Only hosted wine and beer is permitted. No sales, donations and/or tickets are allowed. 4. All responsibility of liability relating to use or service of any alcoholic beverage in or on the premises shall be the sole and absolute responsibility of liability of renter and/or tenant? 5. All beverages must be consumed in the building or within the outdoor patio area. NO consumption of alcohol is allowed anywhere else in the park. 6. No person under the legal drinking age may possessor consume alcoholic beverages at the Terry Trueblood Recreation Area Lodge or the Ned Ashton House. The Parks and Recreation Director or designee may place additional reasonable conditions on the use of alcohol in the Terry Trueblood Recreation Area Lodge or the Ned Ashton House, which conditions shall be attached to the public rental permit along with the written permission. ADMINISTRATIVE REGULATIONS FOR THE USE OF ALCOHOL at the Terry Trueblood Recreation Area Lodge and the Ned Ashton House. The following Administrative Rules regarding the use of alcohol are adopted pursuant to Iowa City Code 4-5-3, and approved by the Iowa City Parks and Recreation Director and the City Manager of Iowa City. The Iowa City Parks and Recreation Director, or designee, is authorized to issue written permission to a Permittee, via an addendum attached to an approved Facility Rental Permit, for the use of alcohol in the Terry Trueblood Recreation Area Lodge and the Ned Ashton House pursuant to these administrative rules. The following rules apply: 1. The City will have a designee present for the duration of the event. 2. A damage deposit shall be required for each event, as set by the City, or designee. The rental permit holder (Permittee) shall be personally responsible for any and all damages caused by the Permittee or any guests, including those damages not covered by the damage deposit. 3. Permittee shall obtain a general liability insurance policy in the amount of $1 million per occurrence covering personal injury, bodily injury, and property damage. No deletion or modification to Host Liquor Liability is allowed. An umbrella or excess liability policy in these amounts may be sufficient to meet this requirement. The City of Iowa City must be included as an Additional Insured on the policy, unless otherwise agreed upon by the Director of Parks and Recreation. The City requires that the insurance carrier be A rated or better by A.M. Best. All policies shall be written on a per occurrence basis, not a claims -made basis, and in form and amounts and with companies satisfactory to the City of Iowa City. Such policy shall remain in full force and effect for the duration of the event. Where a caterer is providing the alcohol, proof of the caterer's insurance meeting these requirements is sufficient. Proof of insurance is due with the rental deposit. 4. The Permittee must be 21 years of age or older, and provide proof thereof via a government -issued photo I.D. upon request. 5. No person under the legal drinking age may possess or consume alcoholic beverages. 6. All alcoholic beverages must be consumed in the building or within the outdoor patio area. No possession or consumption of alcohol is allowed anywhere else on City property. 7. The City or its designee reserves the right to cut off any person from further possession or consumption of alcohol, should their behavior, in the sole opinion of the City or designee, warrant it. Failure of the Permitee or its guests to act responsibly and maintain order, as determined by the City or its designee, may result in removal of the person(s) from the premises, intervention by law enforcement, and/or termination of the event. B. No liquor shall be permitted. Permittees may bring their own wine or beer only if a caterer is not providing the alcohol. 9. If a caterer is providing the alcohol, any and all wine and beer possessed or consumed must be provided by the caterer. 10. If a caterer is providing the alcohol, the Permittee shall provide evidence of the caterer's liquor license to the City. 11. Only hosted wine and beer is permitted. No sales, cup sales, "suggested" or "free-will" donations, and/or tickets are allowed. If there is evidence that alcohol has been sold to individuals, other than the sale from the caterer to the Renter, the event will be terminated immediately, and law enforcement will be notified. 12. Permittee agrees to indemnify, defend, and hold harmless the City against any and all claims related in any way whatsoever to the Permittee or any of Permittee's guests consuming alcoholic beverages, or any behavior that arguably resulted from the Permittee or guest consuming alcoholic beverages. 13. The Parks and Recreation Director or designee may place additional reasonable conditions on the use of alcohol in the Terry Trueblood Recreation Area Lodge or the Ned Ashton House, which conditions shall be attached to the rental permit. I HAVE CAREFULLY READ AND UNDERSTAND THIS DOCUMENT, AND AGREE TO ALL TERMS CONTAINED HEREIN. 1 AM SIGNING THIS FREELYAND WITHOUT RESERVATION OR CONDITION. Permittee Printed Name Permittee Signature/Date" I Approved by City Manager 4117114