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Signed Contract_2022 American Celebration Bell Executed Docking AgreementCity of Dubuque City Council Meeting Consent Items # 021. Copyrighted June 20, 2022 ITEM TITLE: Signed Contracts SUMMARY: 2022 American Cruise Lines Inc. Executed Docking Agreements, 2022 American Celebration Bell Executed Docking Agreements SUGGESTED Suggested Disposition: Receive and File DISPOSITION: ATTACHMENTS: Description Type 22 06 15 Docking Agreements American Celebration Supporting Documentation Bell Executed 22_06_15 Docking Agreements American Cruise Lines Supporting Documentation I nc Executed CITY OF DUBUQUE 2022 DOCKING AGREEMENT OWNER CUSTOMER NAME City of Dubuque NAME :Celebration Belle ADDRESS 50 W 13�h Street ADDRESS :2501 River Drive CITY, ST, ZIP Dubuque, Iowa 52001 CITY, ST, ZIP :Moline, IL 61265 CONTACT Dan Kroger CONTACT Scott Schadler TELEPHONE 563-589-4310 Alice Cameron FACSIMILE 563-589-4391 TELEPHONE 309-764-1952 E-MAIL dkroger@cityofdubuque.org FACSIMILE 309-764-1966 24HR BOAT CONTACT NUMBER SCOTT - CELL — 563-340-3300 ALICE - CELL — 563-650--0087 E-MAIL SCOTT@CELEBRATION BELLE, COM ALICEIa)CELEBRATIONBELLE.COM BOAT: Celebration Belle FACILITY RATES/CHARGES Port of Dubuque — Alliant Plaza Docking Facility No cash charge. The parties hereto agree that sole consideration shall be the economic benefit to the community surrounding the Facility derived from the passengers' visit to such community. DESCRIPTION/PURPOSE OF ACCESWUSE The Facility will be utilized to embark and disembark passengers, to receive supplies and fuel aboard the boat, to off-load trash for proper shore side disposal, to perform maintenance work of a minor nature, and other such activities that are consistent with the operation of an up -scale overnight excursion vessel. 1. Basic Agreement: In consideration of the Rates/Charges referenced in the relevant box above, Owner hereby grants to Customer access to and the use of the Facility defined above, for the purposes described above. The grant of access herein is on a first -come first served basis and does not constitute a guarantee that the Facility will be available to the Customer at any particular time. Customer is encouraged to coordinate its use of the Facility with other users, Owner acknowledges Customer's Notice of Docking Dates, attached hereto as Exhibit A. In the event that Customer's Docking Dates change from dates provided in Exhibit A, Customer must notify Owner in writing of such changed dates no later than thirty (30) days from Customer's receipt of notice of changed Docking Dates. If such thirty (30) day notice cannot be provided, Customer must notify Owner of changed Docking Dates as soon as possible. 2. Safety and Notifications: Customer shall be responsible for ensuring that its employees, contractors and invitees comply with applicable laws and obey any written safety rules provided by Owner. Customer shall not intentionally interfere with other operations or create any danger or safety hazard at the Facility, Customer shall notify Owner if it believes there are any safety or suitability problems, and in such an event the parties agree to fully cooperate and resolve the same to their mutual satisfaction. Formal Notices shall be addressed to the Contact defined above for each of the parties and may be given by e-mail, facsimile, or by mail. Notices will be deemed to have been received upon the production of a relevant receipt document. 041012bal 3. Liability and Indemnity: Each party agrees to be responsible for, and indemnify and hold harmless the other of and from (including legal fees and costs), any loss, damage, expense, claim, liability, suit, fine and/or penalty applicable to (i) such party's employees, contractors, invitees and guests, and(H) the owned, leased or chartered vessels, equipment or other personal property of such party and/or its employees, contractors, invitees and guests, howsoever caused and regardless of fault, which in any way arises out of or relates to the Facility or Customer's access thereto and/or use thereof. Each party agrees to waive any immunity from suit and/or exclusivity of remedy pursuant to any workers compensation act or similar law in furtherance of the foregoing indemnity for employee injury claims. For purposes hereof, any passenger of Customer shall be deemed Customer's invitee/guest but only while aboard Customer's vessel, and/or while embarking or disembarking Customer's vessel on Customer -provided equipment, With respect to all other matters, each party agrees to be responsible for, and indemnify and hold harmless the other of and from (including legal fees and costs), all loss, damage, expense, claim, liability and/or suit to the extent caused by its negligence or other legal fault. 4. Insurance: Customer shall maintain during the Term of this Agreement insurance as' provided in the attached Insurance Schedule. Owner shall maintain during the Term of this Agreement Owner's membership in the Iowa Communities Assurance Pool or obtain general liability insurance with equivalent coverage. The parties shall exchange insurance certificates evidencing all of the foregoing insurances and conditions upon execution of this Agreement and from time to time thereafter, as may be requested. Should a party fail to maintain (or cause to be maintained) an insurance as required, if an insurance fails for any reason (including without limitation due to breach of condition or warranty), and/or if an insurer refuses and/or is unable to pay, the party required to maintain such insurance above shall be deemed a self -insurer thereof, accept and pay all claims which would have otherwise been submitted, and indemnify and hold harmless the other of and from (including legal fees and costs) any loss, damage, expense, claim, liability, suit, fine and/or penalty resulting from such failure. 5. Utilities: If any utilities are available at the Facility and Customer elects to connect to and/or utilize such utilities during its visit, Customer agrees to be responsible for and to pay any and all connection and/or usage charges. 6. Refuse and Garbage Removal. Customer shall not store any refuse or garbage at the Facility for any length of time and shall make arrangements for the prompt removal of refuse and garbage from the Facility. If Customer fails to promptly remove refuse and garbage from the Facility, Owner reserves the right to prohibit removal of refuse and garbage upon Customer's docking at the Facility. 7. Term of Agreement: This Agreement shall commence upon its date of execution, shall have a term of one year, and shall, absent Notice from one party hereto to another party hereto sixty (60) days or more in advance of the then -current termination date, automatically renew for an additional one year term. 8. Governing Law. This Agreement shall be governed by the general maritime law of the United States or, if no general maritime rule of law applies, then by the laws of the state of Iowa. 9. Default. If Customer fails to comply with any of the provisions of this Agreement within seven (7) days after notice of noncompliance from Owner, Owner may terminate this Agreement. 10. Entire Agreement. This Agreement may be executed in counterparts and/or by electronic exchange of signatures, with all such counterparts deemed the same single agreement and signatures exchanged by electronic means deemed equivalent to original signatures. This constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, written and oral. This Agreement shall not be modified except through a writing signed by both parties, DATED THIS 15th DAY OF .tune Owner Au orized Signature Michael C. Van Milligen, City Manager Printed Name and Title 2022. Customer Authorized Signature Printed Name and Title City of Dubuque Insurance Requirements for Pollution Haulers INSURANCE SCHEDULE N shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is longer than 60 days. Haulers presenting annual certificates shall present a certificate at the end of each project with the final billing. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Department of Insurance or an equivalent approved by the Director of Finance and Budget. Each certificate shall include a statement under Description of Operations as to why issued. Eg: Project # or construction of 2. All policies of insurance required hereunder shall be with an insurer 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 delivered to the Finance 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. Hauler shall require all subcontractors and sub -subcontractors to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurances from all such subcontractors and sub -subcontractors. Hauler agrees that it shall be liable for the failure of a subcontractor and sub -subcontractor to obtain and maintain such coverages. The City may request a copy of such certificates from the Hauler. 6. All required endorsements to various policies shall be attached to certificate of insurance. 7. Whenever a specific ISO form is listed, an equivalent form may be substituted subject to the approval of the Director of Finance and Budget and subject to the Hauler identifying and listing in writing all deviations and exclusions that differ from the ISO form. 8. Hauler shall be required to carry the minimum coverage/limits, or greater if required by law or other legal agreement, in Exhibit I. If Hauler's limits of liability are higher than the required minimum limits then the provider's limits shall be this Agreement's required limits. 9. Whenever an ISO form is referenced the current edition of the form must be used. 10. Hauler shall be responsible for deductibles and self -insured retention for payment of all policy premiums and other cost associated with the insurance policies required below. 11. All certificates of insurance must include agents name, phone number, and email address. 12. The City of Dubuque reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by this Schedule at any time. 13. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in the risk or other special circumstances during the term of the agreement, subject to mutual agreement of the parties. Page 1 of 4 Schedule N Pollution Haulers April 2021 City of Dubuque Insurance Requirements for Pollution Haulers INSURANCE SCHEDULE N (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 1) The general liability coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00 02. Coverage shall be written on an occurrence, not claims made, form. All deviations from the standard ISO commercial general liability form CG 00 01, or Business owners form BP 00 02, shall be clearly identified. 2) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit" or CG 25 03 "Designated Construction Project (s) General Aggregate Limit" as appropriate. 3) Include endorsement indicating that coverage is primary and non-contributory. 4) Include Preservation of Governmental Immunities endorsement. (Sample attached). 5) Policy shall include Wavier of Right to Recover from Others endorsement 6) 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 20 26. B) AUTOMOBILE LIABILITY Combined Single Limit $1,000,000 Coverage shall include all owned, non -owned, and hired vehicles. If the Contractor's business does not own any vehicles, coverage is required on non -owned and hired vehicles. 1) Policy shall include Waiver of Right to Recover from Others endorsement. C) POLLUTION LIABILITY (Including transit) FUEL HAULERS (Diesel, Gas, Oil): General Aggregate Limit $4,000,000 Each Occurrence limit $2,000,000 WASTE HAULERS (Sewage, High Strength By Products) General Aggregate Limit $1,000,000 Each Occurrence limit $1,000,000 1) Policy shall include an 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. 2) Provide evidence of coverage for 5 years after completion of project. 3) Include Preservation of Governmental Immunities Endorsement. (Sample attached). Page 2 of 4 Schedule N Pollution Haulers April 2021 City of Dubuque Insurance Requirements for Pollution Haulers INSURANCE SCHEDULE N (continued) D) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85. 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 Waiver of Right to Recover from Others endorsement. Coverage B limits shall be greater if required by the umbrella/excess insurer. OR If, by Iowa Code Section 85.1A, the Contractor is not required to purchase Workers' Compensation Insurance, the Contractor shall have a copy of the State's Nonelection of Workers' Compensation or Employers' Liability Coverage form on file with the Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached. E) UMBRELLA/EXCESS LIABILITY $1,000,000 The General Liability, Automobile Liability and Workers Compensation Insurance requirements may be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of the primary policies, it shall include the same endorsements as required of the primary policies including Waiver of Subrogation and Primary and Non-contributory in favor of the City. Page 3 of 4 Schedule N Pollution Haulers April 2021 City of Dubuque Insurance Requirements for Pollution Haulers Please be aware that naming the City of Dubuque as an additional insured as is required by this Insurance Schedule may result in the waiver of the City's governmental immunities provided in Iowa Code sec. 670.4. If you would like to preserve those immunities, please use this endorsement or an equivalent form. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer 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 insurer 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 insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer 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 (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 4 of 4 Schedule N Pollution Haulers April 2021 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 12/17/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER HUB International Iowa dba Ruhl & Ruhl Insurance 212 Brady Street, Suite Q Davenport IA 52801 CONTACT NAME: Alexa Curran PHONE Exit! 563-324-1981 FAX No:563-324.3410 E-MAIL s: alexa,curran hubinternational,com INSURER(S) AFFORDING COVERAGE NAIC N INSURER A:Atlantic Specialty Ins. -Co. 27154 INSURED SCHAENT-04 Schadier Enterprises Inc. Celebration River Cruises, Inc. INSURER B : United Fire & Casualty 13021 INSURER c : Water Quality Insurance Syndicate 2501 River Drive Moline IL 61265-1671 INSURERD: Illinois Casualty Company 15571 INSURERE: Technology Insurance Company 42376 INSURER F : COVERAGES CERTIFICATE NUMRFR,19RR7nn777 Dwrel1nK1 nllrnaocrn. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL g SUER POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIALGENERALLIABILITY 65JH41101 1/1/2022 1/1/2023 EACH OCCURRENCE $1,000,000 CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 50,000 X BI/PD MED EXP (Any one person) $ 6,000 ndem Prot & lndemnity ly PERSONAL & ADV INJURY $ X AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 GEN'L X POLICY PRO- El LOC ❑ PROD UCTS- COMP/OP AGG $1,000,000 $ OTHER: B AUTOMOBILE LIABILITY 60423920 1/1/2022 '1/1/2023 COMBINED SINGLE LIMIT Ea accident $1,000,000 JA X ANYAUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTYDAMAGE Per accident $ LJM13RELLALIAB I X IOCCUR B5J1-141162 1/1/2022 1/1/2023 EACH OCCURRENCE $5,000,000 X EXCESS LIAB rl CLAIMS -MADE AGGREGATE $ 5,000,000 DED X RETENTION $ $ E WORKERS COMPENSATION TARIL102072203 1/1/2022 1/1/2023 X PER �RH AND EMPLOYERS' LIABILITY YIN N E.L. EACH ACCIDENT _ $ 500,000 ANYPROPRIETOR/PARTNERIEXECUTIVE N OF FICERIMEMBEREXCLUDED? NIA E.L. DISEASE - EA EMPLOYEE $ 500,000 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 C D Pollution Liability Liquor Liability 5681532 1/1/2022 1/1/2023 1,000:000 LL61114 4/1/2021 4/1/2022 1,000000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) re: Port of Dubuque - Ailiant Plaza Docking Facility 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 are additional insureds, on a primary and non-contributory basis for the ongoing operations by the named insured and subject to policy terms, forms and conditions. A Non -Waiver of Governmental Immunity and Per Location General Aggregate applies in favor of the City of Dubuque. A Waiver of Subrogation applies to the workers compensation shown above, subject to terms, forms and conditions. Protection & Indemnity coverage applies with a $1,000,000 occurrence limit with Umbrella coverage following form. City of Dubuque 50 W. 13th Street Dubuque IA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTNO,RIIZEIEID REPRESENTATIVE O 1988-2015 ACORD CORPORATION. All riahts rAq PrvAr1 ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Insured: CELEBRATION RIVER CRUISES Policy: B5JH41161 ENDORSEMENT 2 Effective: 01 / 01 /2022 COVERAGE ENDORSEMENT TO SECTION I - MARINE GENERAL LIABILITY INSURING CONDITIONS Schedule As respects Location 4 - Dubuque, IA Mile 580 - Landing Applicable to Section I Coverage Part(s): I Preservation of Governmental Immunities Endorsement 1) Nonwaiver of Governmenal 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 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. 3 0 1400765 01/05/2022 DTA CLAW DR 1.000 IMU 0010 MGL.01 01 19 E-INSURED