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Signed Contract_American Cruise LinesCity of Dubuque City Council Meeting ITEM TITLE SUMMARY: SUGGESTED DISPOSITION: ATTACHMENTS: Description Copyrighted July 15, 2024 Consent Items # 013. Signed Contract(s) 2024 Docking Agreement with American Cruise Lines; 2024 Docking Agreement with Celebration Belle; Independent Contractor Agreement with Denise Blakeley I hrig of Blakeley Water Management. Suggested Disposition: Receive and File Docking Agreement - American Cruise Lines Docking Agreement - Celebration Belle Contractor Agreement - Blakeley Water Management Type Supporting Documentation Supporting Documentation Supporting Documentation CITY OF DUBUQUE, IOWA 2024 DOCKING AGREEMENT OWNER CUSTOMER NAME City of Dubuque NAME American Cruise Lines ADDRESS 50 W. 131h Street ADDRESS 741 Boston Post Road CITY, ST, ZIP Dubuque, Iowa 52001 Suite 200 CONTACT Dan Kroger CITY, ST, ZIP Guilford, CT 06437 TELEPHONE (563) 589-4310 CONTACT : Frank Klipsch FACSIMILE (563) 589-4391 TELEPHONE (203) 453-6800 ext. 232 E-MAIL dkroger(&cityofdubug ue.org FACSIMILE : (202) 453-0417 E-MAIL : frank.klipschCa.americancruiselines.com FACILITY RATES/CHARGES Port of Dubuque — American Trust River's Edge No cash charge. The parties hereto agree that sole Plaza consideration shall be the economic benefit to the community surrounding the Facility derived from the passengers' visit to such community. DESCRIPTION/PURPOSE OF ACCESS/USE 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. 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 (ii) 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 patty 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 S. 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 falls 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. 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 28th day of June Owner k�., Aufhorized Signature Michael C. Van Milligen, City Manager Printed Name and Title 3 2024. Customer 2 Authorized Signature Eric Dussault - Director Port Operations Printed Name and Title 141" CERTIFICATE OF LIABILITY INSURANCE DAT 311312D/YYYY) 0/13/2024 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(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) 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 Ileu of such endorsement(s), PRODUCER N NTA T Dee GOdlewski Brown 8 Brown Insurance Services, Inc. PNONE (860) 739.1030 '1-(PAR—'— ac o get) ;........_._ IA C. Net: 55 Capital Boulevard, Ste 102 __.:...._ goDREss: Dee,Godlewski@bbrown.com INSURERS AFFORDING COVERAGE NAICII- Rocky Hill CT 06067 INSURERA: Travelers Property Casually Company ofAmedca 26674 INSURED INSURER B: The Travelers Indemnity Company 25658 American Cruise Lines, Inc. INSURER c: American Longshore Mutual Association, Ltd. ---- 741 Boston Post Rd. Ste,200 INSURER D: INSURER E: _ Guilford CT 06437 INSURER F; COVERAGES CERTIFICATE NUMBER: 24.25 Master REVISION NUMBER: THIS IS TO CERTIFY THATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBER HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED PAID CLAIMS. INS LTR TYPE OF INSURANCE AVUL5UUN G Won POLICY NUMBER O0BY MMIDDA'YYY MMIDIVYYYYJ LIMITS x COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 19 OCCUR EACH OCCURRENCE $ 1,000,000 PREMISES Ea cacuvence It 100,000 x MEp EXP (An one person $ 10,000 Marine General Liability PERSONAL &ADV INJURY $ 1,000,000 A Y ZOL-IBP40509-24-ND 01/31/2024 01/31/2026 GEN'L AGGREGATE LIMIT APPLIES PER; X POLICY EJECT Lee GENERALAGGREGATE $ 2,000,000 PRODUCTS - COMPIOPAGG $ 2,000,000 Employee Benefits $ 1.000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE I Ea.wlda,i) $ 1.000.000 x BODILY INJURY (Par person) _ $ ANYAUTO B OWNED SCHEDULED AUTOS ONLY ALIT03 HIRED NON -OWNED AUTOS ONLY AUTOS ONLY BA-2N431665.24.43-G 01/3112024 01/31/2025 BODILY INJURY(Pcclden0 era $ PROPERTYDAMAGE Por acddehl ------ PIP -Basic $ 15,000 x UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 4,000,000 A EXCESS LIAR CLAIMS -MADE ZOX-16P12177-23-ND 08/01/2023 08101/2024 AGGREGATE $ 4,000,000 -DEG- __ _. RETENTION -$ --_ -.—_ ____ _ __. G WORKERS COMPENSATION ANDEMPLOYERS'LIABILITV ANY PROPRIETORIPARTNEWEXECUTIVF. YIN OFFICERIMEMBER EXCLUDED? (Mandatory in NH) Nye., descrme under DESCRIPTION OF OPERATIONS below NIA ALMA02026.06 08/01/2023 03/01/2024 P R OT - !� STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE -EA EMPLOYEE It 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (ACORO 101, Additional Remark. Schedule, maybe attached If more space Is required) The City of Dubuque, Including all its elected and appointed officials, all Its employees and volunteers, all [is boards, commissions and/or authorities and their board members, employees and volunteers are Included as additional Insured on a primary and non-contibutory basis as required per written contract. 30 day Notice of Cancellation applies. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The City of Dubuque ACCORDANCE WITH THE POLICY PROVISIONS. 50 West 13th St AUTHORIZED REPRESENTATIVE Dubuque IA 52001"'- All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD V.Scope V.Scope Risk Management Ltd 57 Mansell Street London E1 8AN United Kingdom Tel: +44 (0) 207 522 8840 www.vgrouplimited.com CERTIFICATE OF INSURANCE We can confirm the following details relating to our client's Liability Insurance: Type of Insurance: Marine P&I — Extended Contractual Liability Insurance Including coverage for damages to piers, gangways and docks Including pollution liabilities Insured: American Cruise Lines, Inc. Address: 741 Boston Post Rd. Ste.200 Guilford CT 06437 Insurers: The United Kingdom Mutual Steam Ship Association Limited Period of Insurance: Noon GMT 20th February 2024, to Noon GMT 2011 February 2025. Policy Number: 9718/585347 Limits of Indemnity: US$ 10,000,000 any one event Additional Insured: The City of Dubuque Insurers agree to waive rights of subrogation against additional insured on a primary and non-contributory basis. Signed: 4JohSullivan Managing Director Date: 2111 June, 2024 Registered Office: 1st Floor, 63 Queen Victoria Street, London, EC4N 4UA Registered Number: 8633249 England Authorised by the Financial Conduct Authority to act as an Appointed Representative of Seascope Insurance Services Ltd, reference number 605515.