Hillcrest Family Services_Temporary Parking AgreementMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Temporary Parking License Agreement with Hillcrest
DATE: October 31, 2011
Dubuque
httrg
AN-America City
IIIII
2007
Leisure Services Manager Marie Ware recommends City Council approval of a
temporary parking license agreement in Flora Park for Hillcrest Family Services, Inc.
during their construction process. The temporary parking license will allow Hillcrest staff
to park in Flora Park from November 8th through mid -March while the staff parking lot is
being rebuilt in a new location. This temporary arrangement will not negatively affect
park users since the park is closed during these months and the roads not cleared
except for the skating area. Because usage of the park starts to pick up in the spring, it
is agreed that should construction last longer than mid - March, the license area would
move to the parking area further from their facility that sees low usage in the early
spring.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mi hael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Marie L. Ware, Leisure Services Manager
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Marie L. Ware, Leisure Services Manager
SUBJECT: Temporary Parking License Agreement with Hillcrest
DATE: October 27, 2011
Dubuque
AU- Amedcacity
11111!
2007
INTRODUCTION
The purpose of this memo is to request a temporary parking license agreement in Flora
Park for Hillcrest Family Services, Inc. during their construction process.
BACKGROUND
Hillcrest Family Services Inc. is now in construction of new facilities on their campus. A
current staff parking lot on their premises is going to be removed as a part of the early
construction and rebuilt in a new location on site later in the construction. This results in
a need for temporary parking.
Hillcrest has requested a temporary parking license to park in Flora Park from
November 8th through mid - March. Flora Park during this time is closed and as such no
roads or parking lots are plowed. The parking they request would thus be available for
usage. It is intended that their new parking lot will be complete by mid - March. We also
discussed because it was a construction project at times they are delayed depending on
the weather. Because usage of the park starts to pickup in the spring we agreed that
should construction last longer than mid -March the license area would move to the
parking area further from their facility that sees low usage in the early spring.
DISCUSSION
The city currently has a parking license agreement with Hillcrest during the school year.
This agreement is modeled after the current agreement. This temporary arrangement
will not negatively affect park users as during these months the park is closed and roads
not cleared except for the skating area. The city attorney's office has reviewed the
attached agreement.
RECOMMENDATION
I recommend approval of the temporary license agreement.
MLW:et
attachment
Insurance Schedule A
1. Hillcrest Family Services shall furnish a signed Certificate of Insurance to the City of Dubuque,
Iowa for the coverage required in Exhibit I prior to contract inception and at the end of the
contract if the term of contract is longer than 60 days. Each Certificate shall be prepared on the
most current ACORD form approved by the Iowa Department of Insurance or an equivalent.
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.
5. 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.
031808ba1
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. 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 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.
using ISO form CG 20 10. Ongoing operations.
B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Coverage A
Coverage B
Statutory—State of Iowa
Employers Liability
Each Accident $100,000
Each Employee- Disease $100,000
Policy Limit - Disease $500,000
a) Policy shall include an endorsement providing a waiver of subrogation to
the City of Dubuque.
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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
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