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Hillcrest Family Services_Flora Park Parking License AgreementTHE CITY OF Dui Masterpiece on the Mississippi Dubuque band AI -America City r 2007 • 2012 • 2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Parking License Agreement with Hillcrest Family Services for 30 Parking Spaces in Flora Park DATE: July 3, 2014 Leisure Services Manager Marie Ware recommends City Council approval of a one - year Parking License Agreement with Hillcrest Family Services, Inc. for 30 parking spaces in the Wilbright Lane parking lot in Flora Park. This is the fifth such agreement with Hillcrest for these spaces. The basic points of the lease are: • 30 spaces (there are 60 in the parking lot) will be designated for Hillcrest staff. • Fee remains at $20.00 per month, per space for a total of $600.00 per month. • Hillcrest will be responsible for snow and ice removal. • Hillcrest will release the City from liability. • Use will be limited to 7:30 a.m. to 4:00 p.m., Monday through Friday during the school year. • The licensed area will be the 30 spaces furthest from the spaces most used by park users. 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 Marie Ware, Leisure Services Manager THE CITY OF Dui Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Marie Ware, Leisure Services Manager SUBJECT: Parking License Agreement with Hillcrest Family Services for 30 Parking Spaces in Flora Park DATE: July 2, 2014 INTRODUCTION Dubuque kittrel All -America City r 2007 • 2012 • 2013 The purpose of this memorandum is to request City Council approval of the Parking License Agreement with Hillcrest Family Services, Inc. for thirty parking spaces in the Wilbright Lane parking lot in Flora Park. DISCUSSION This is the fifth agreement with Hillcrest Family Services for use of thirty parking spaces in the Wilbright Lane parking lot in Flora Park. When Hillcrest started an on-site educational program, parking for school staff became an issue. Hillcrest did not want the staff utilizing on -street parking on Wilbright Lane because of traffic congestion that would be created so they asked to use the parking lot in Flora Park. Since their usage is 7:30 a.m. to 4:00 p.m., Monday through Friday during the school year, a time period that would not conflict with current park usage, their request was approved. Last year the agreement was changed from a two-year to a one-year agreement and the fee was raised from $15 to $20 per space per month. The attached License Agreement is for the Hillcrest usage. The basic points of the lease are: • 30 spaces (there are 60 in the parking lot) will be designated for Hillcrest staff. • Fee remains at $20.00 per month, per space for a total of $600.00 per month • Hillcrest will be responsible for snow and ice removal. • Hillcrest will release the City from liability. continued 1 • Use will be limited to 7:30 a.m. to 4:00 p.m., Monday through Friday during the school year. • The licensed area will be the 30 spaces furthest from the spaces most used by park users. Signs are posted giving notice of these reserved parking spaces and the time they are reserved. This agreement has been reviewed by the Park and Recreation Commission and they recommend approval. ACTION STEP I respectfully request City Council approval of the Parking License Agreement with Hillcrest Family Services for 30 parking spaces in Flora Park. MLW:et attachment 2 PARKING LICENSE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND HILLCREST FAMILY SERVICES, INC. This Parking License Agreement (the Agreement) dated for reference purposes the 7th day of July, 2014, between the City of Dubuque, Iowa a municipal corporation (City) and Hillcrest Family Services Inc. (Hillcrest), an Iowa corporation with its principal place of business in Dubuque, Iowa. WHEREAS, City is the owner of a parking lot which includes the thirty -stall area (the Licensed Area) shown on the attached Exhibit A and by reference incorporated herein as though fully set out herein; and WHEREAS, City and Hillcrest are desirous of entering into an agreement where City grants to Hillcrest a license for the privilege of using the Licensed Area for providing parking for Hillcrest's employees under the terms and conditions hereinafter set forth; NOW THEREFORE, in consideration of the mutual covenants and agreements set forth herein, City and Company agree as follows: SECTION 1. TERM OF AGREEMENT. Subject to Paragraph 11, City hereby grants to Hillcrest a nonexclusive license to use the Licensed Area for parking for Hillcrest's employees during the hours from 7:30 a.m. to 4:00 p.m. for all school days and teacher -required in-service days during the months of the school calendar year, commencing on the 1st day of September, 2014, and ending after the last teacher work day in June, 2015 (one school year). SECTION 2. PARKING LICENSE USE FEE. The parking license use fee (the Fee) for the Licensed Area shall be Twenty Dollars ($20.00) per month per space for thirty spaces for a total of Six Hundred Dollars ($600.00) per month regardless of the number of spaces actually used by Hillcrest. Payments are payable monthly by Hillcrest to City in advance commencing on the 1st day of the months of September through May. SECTION 3. USE OF PREMISES 3.1 Hillcrest covenants and agrees to use and occupy the Licensed Area for parking for its employees only. 3.2 Hillcrest shall not place or allow any signs on or in the Licensed Area without the prior written approval of the City Manager. Hillcrest shall not place or allow any structure on or in the Licensed Area. 080813bal SECTION 4. ASSIGNMENT AND SUBLETTING. Hillcrest shall not assign or sublet this Agreement or the Parking Area nor any portion thereof. SECTION 5. MAINTENANCE OF PROPERTIES. Hillcrest shall be responsible for snow and ice removal in the Licensed Area at its expense SECTION 6. RESPONSIBILITY FOR ENFORCEMENT. City shall not be responsible in any manner for enforcement of Hillcrest's privilege to use the Licensed Area. Hillcrest shall use the Licensed Area in a manner that is compatible with the operation of the remainder of City's parking lot, and shall not cause or allow any conflicts or interruptions to the operation of City's parking lot. SECTION 7. DEFAULT. If Hillcrest shall default in the payment of the Fee hereunder or any part thereof, or shall default in the performance of any of the other covenants herein contained, and such default shall continue for a period of thirty (30) days after written notice thereof, specifying the default complained of, mailed to Hillcrest by United States certified mail, then City may, at its election, declare the terms of this Agreement ended and re-enter the Licensed Area, with or without process of law, and expel and remove Hillcrest or any person or persons in or upon the Licensed Area, using such force as may be necessary under the circumstances; and if at any time, by reason of such default of Hillcrest and the continuance thereof for such period of thirty (30) days after written notice has been given, said term shall be so ended, Hillcrest hereby covenants and agrees to surrender and deliver up the Licensed Area peaceably to the City. SECTION 8. INDEMNITY. Hillcrest agrees to defend, indemnify and hold harmless City, its officers, agents and employees, from any and all damages or claims whatsoever by reason of Hillcrest's use of the Licensed Area and further agrees to reimburse City for any and all damage to the Licensed Area resulting from the use of the Licensed Area for activities associated with Hillcrest's business. City agrees to promptly give notice of any and all damages or claims and to permit Hillcrest and/or its insurance carrier to investigate and defend the same. SECTION 9. INSURANCE. Hillcrest shall at all times during the term of this Agreement provide insurance as set forth in the attached Insurance Schedule as such Insurance Schedule may from time to time be amended by City. SECTION 10. SURRENDER OF PREMISES AT END OF TERM. Hillcrest agrees that upon termination of this Agreement it will surrender, yield up and deliver the Licensed Area in good, clean condition. SECTION 11. TERMINATION 2 11.1 City may terminate this Agreement for any reason, with or without cause, upon thirty (30) days written notice mailed to the Hillcrest by United States certified mail. 11.2 Upon termination for any cause whatsoever, City shall prorate the Fee for the current month in which advanced payments have been made and rebate such prorated Fee for the balance of the current month. Hillcrest Representative CITY OF DUBUQUE, IOWA HILLCREST FAMILY SERVICES, INC. By Michael C. Van Milligen, City Manager Hillcrest Representative 3 EXHIBIT A LICENSED AREA 4 City of Dubuque Insurance Requirements for Tenants and Lessees of City Property or Vendors (Suppliers, Service Providers), and Right of Way Permit Holders Insurance Schedule A 1. Hillcrest Family Services shall furnish a signed Certificate of Insurance (COI) to the City of Dubuque, Iowa for the coverage required in Exhibit 1 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 Flora Park 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. 5. All required endorsements to various policies shall be attached to Certificate of insurance. 6. Whenever a specific 150 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 150 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 150 form is referenced the current edition of the form must be used. Page 5 of 7 Pd.fconvert.11766.1.HILLCRESTSERVICES - FLORA PARKING LOT JUNE 2014 For 14-15 Schl Yr.Docx City of Dubuque Insurance Requirements for Tenants and Lessees of City Property or Vendors (Suppliers, Service Providers), and Right of Way Permit Holders Insurance Schedule A (continued) Exhibit 1 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 I50 commercial general liability form CG 0001, or Business owners form BP 0002, shall be clearly identified. b) Include I50 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 I50 form CG 20 10. (Ongoing operations). 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 Coverage B Statutory—State of Iowa 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. Page 6 of 7 Pdfconvert.11766.1.HILLCRESTSERVICES - FLORA PARKING LOT JUNE 2014 For 14-15 Schl Yr.Docx City of Dubuque Insurance Requirements for Tenants and Lessees of City Property or Vendors (Suppliers, Service Providers), and 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 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 Page 7 of 7 Pdfconvert.11766.1.HILLCRESTSERVICES - FLORA PARKING LOT JUNE 2014 For 14-15 Schl Yr.Docx