Loading...
Signed Contract_Celebration BelleCity 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 2024 DOCKING AGREEMENT OWNER CUSTOMER NAME City of Dubuque ADDRESS 50 W 13 n Street CITY, ST, ZIP Dubuque, Iowa 52001 CONTACT Dan Kroger TELEPHONE 563.689.4310 FACSIMILE 663.589.4391 E-MAIL dkroger@cftyofdubuque.org NAME :Celebration Belle ADDRESS :2501 River Drive CITY, ST, ZIP :Moline, IL 61265 CONTACT Scott Schadler Alice Cameron TELEPHONE 309.764-1952 x101 FACSIMILE 309.764.6088 24HR BOAT CONTACT NUMBER SCOTT - CELL — 663-340-3300 ALICE- CELL —663.650-0087 E-MAIL SCOTT@CELEBRATIONSELLE.COM ALI EQQ LC ATIONBE,LE COM BOAT: Celebration Belle FACILITY RATES/CHARGES Part of Dubuque — Ailiant 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 comI unity. DESCRIPTION/PURPOSE OF ACCESSIUSE 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. Qg, is 96grooment Inconsiderationof the 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 Facifity with other users. Owner acknowledges Customer's Notice of backing Dates, attached hereto as Exhibit A. In the avant that Customer's Docking Dates change from dates provided in Exhibit A, Oustomer must notify Owner in writing Of such changed datea no later than thirty (30) days from CusI in ,s receipt of notice of changed Docking Dates. If such thirty (30) day notice cannot be providad, Customer must notify Owner of changed Docking Dates as soon as possible. 2.rafety and No#ificafions; 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, faosimile, or by mall. 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(li) 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/orwhile 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, Insgrance: 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. Qtili es: 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. 13efuse and Garbane Removal. Customer shall not store any refuse or garbage at tha 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 AareWent; 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 falls 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. i0. Entire, . Agr emen . 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. 2 DATED THIS -10 DAY OF Owner 4AuodUze6 Slgnal.ure �-'�—A� Michael C. Van Miiligen, City Manager Printed Name and Title 3 Customer Aut prized Signature --)�/C14:,� & Printed Name And Title A� phi?` CERTIFICATE OF LIABILITY INSURANCE DAT6/20/2024rv) 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($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the poilcy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In INN of such endorsement($). PRODUCER HUB International Iowa CONTACT NAMe:—Mark Rogers_—_____.___._____, "�a .€) 6a23-6731 _ _ La_RO)L_ IL dba Ruhl & Ruhl Insurance 212 Brady Street, Suite 48 oD mark.r�ers hubinternettional.com Davenport IA 52801 INSURER($) AFFORDING COVERAGE NAICM _— _ INSURER&: Atlantic Specialty Ins. Co. _ 27154_ INSURED 6CHAENT-OA _ INSURER B: United Fire 8, CaSUall3 _ 13021 Schadler Enterprises Inc. — Celebration River Cruises, Inc. INsuREAc:lllinols CasualtYOom an _ __p 15579 ___-__. 2501 River Drive INSURER D: Technology Insurance Comuany —_ Moline IL 61265-1671 INSURERE: ---------------------------------------- _42376 NSURERF: COVERAGES CERTIFICATE NUMBER: 1651886014 REVISION NUMBER' 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 _CLLpAgIIMS. __..� POLICY NUMBER M,6 OIDY Off MMI'to It Np �_.�...._.__..._�.__ UMITS ILTR ^TYPE OF INSURANCE DD A X COMMERCIAL GENERAL LIABILITY B5JH41161 111/2024 IIV2025 EACHOCCURRENCE $L0001000 11 TFAMAGETUREN E _ _$60,000CLAIMSWADE X 5.000 MED EXP (A nne person $6,000_ Prot&Indemnlly _ _—_ PERSONAL&ADVINJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE^ $2000000 X LIECPL�-- POLICY JT LOC MP/OP AGO $1 000.000 OTHER: $ B AUTOMOBILE -.... LIABILITY 60423920 11112024 1/1/2025 COMBINED SINGLE LIMIT ___�_.______ _BODILY $1,000.000 X ANV AUTO BODILY INJURY (Per parson) INJ $ ULED AUTOS AUTOS "'--- BODILYINJURY(Peracclden0 — --" $ X _ HIRED x NON -OWNED PROPERTY DAMAGE er SEC ldenll $ d —�'�— AUTOSONLY AUTOS ONLY A UMBRELLALIAB X OCCUR B5JH41162 1/1/2024 1/112026 EACHOCCURRENCE $5,000,000 X EXCESS LIAR _ CLAIMS -MADE __ AGGREGATE $6,000,000 DED_. X--RETENTION$ _._. __ ___— _____ -__.. _.. _. - —__.-.. __-- $ D WORKERS COMPENSATION TARIL102072205 1lU2024 iH12025 X STR AND EMPLOY R$'LIABILITY V/N U E _ �H—„__,___,____ ANYPROPRIETORIPARTNER/EXECUTIVE E.L. EACH ACCIDENT $600,000 OFFICER/MEMBEREXCLUDED9 F NIA ---.-- (Mandatory lnNH) E.L. DISEASE. EA EMPLOYEE $500,000 describe under — E.L. DISEASE -POLICY LIMIT ----------- $500,000 Mes, SCRIPTIONOFOPERATION Sbelcw C U orliablllty LL81114 4/1/2024 4f1/2025 1,000,000 B Po lotion Liability 60423920 1/1/2024 1/1/2025 7,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) RE: Port of Dubuque - Alliant Plaza Docking Facility City of Dubuque, Including ell Its elected and appointed ofhClals, all Its employees and volunteers, all Its boards, Commissions andlor authorities and (heir board members, employees and volunteers are Included as Additional Insureds, on a primary and non-contributory basis for the ongoing operations by the Hamad insured and subject to policy terms, forms and onA Non -Waiver of Governmental Immunityy and Per Location General Agggregate applies in favor of the City of Dubuque. A Wewer 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 Ilmit with Umbrella coverage following form, CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Dubuque 50 W. 13th Street Dubuque IA — AUTHORIZED REPRESENTATIVE T .M, LR ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 26 (2016103) The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0106 A (Ed. 4-92) LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT COVERAGE ENDORSEMENT This endorsement applies only to work subject to the Longshore and Harbor Workers' Compensation Act in a state shown in the Schedule. The policy applies to that work as though that state were listed in Item 3.A. of the Information Page. General Section C. Workers' Compensation Law is replaced by the following: C. Workers' Compensation Law Workers' Compensation Law means the workers or workmen's compensation law and occupational disease law of each state or territory named in Item 3.A. of the Information Page and the Longshore and Harbor Workers' Compensation Act (33 USC Sections 901-950). It includes any amendments to those laws that are In effect during the policy period. It does not include any other federal workers or workmen's compensation law, other federal occupational disease law or the provisions of any law that provide nonoccupational disability benefits. Part Two (Empio ers Liability Insurance), C. Exclusions., exclusion 8, does not apply to work subject to the Longshore and Harbor Workers' Compensation Act. This endorsement does Not apply To work subject To the Defense Base Act, the Outer Continental Shelf Lands Act, Or the Nonappropriated Fund InstrumenlalitiesAct. Schedule Lon shore and Harbor Workers'Compensatlon Act State Coverage Percentage IL 55.00% The rates for classifications with code numbers not followed by the letter "F" are rates for work not ordinarily subject to the Longshore and Harbor Workers' Compensation Act. It this policy covers work under such classifications, and if the work is subject to the Longshore and Harbor Workers' Compensation Act, those non-F classification rates will be increased by the Longshore and Harbor Workers' Compensation Act Coverage Percentage shown in the Schedule. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below is required only when this endorsement is Issued subsequent to preparation of the policy.) Endorsement Effective 1/1/2024 Policy No. TARIL1020722-05 Endorsement No. Insured CELEBRATION RIVER CRUISES INC Premium $ Insurance Company Technology Assigned Risk Countersigned by WC000100A (Ed. 4.92) ©1983, 1991 National Council on Compensation Insurance. ENDORSEMENT NO.1 To be attached to and form a part of Policy No. 58-81532 of the WATER QUALITY INSURANCE SYNDICATE Assured: CELEBRATION RIVER CRUISES INC. ADDITIONAL ASSURED / WAIVER OF SUBROGATION / PRIMARY INSURANCE AND NON- CONTRIBUTORY For and in consideration of an additional premium of included, it is hereby understood and agreed that with effect From inception, the following shall apply with respect to the following Assured(s): The City of Dubuque (a) Where a Vessel insured hereunder is working; or performing services pursuant to a contract between the owner or operator of the Vessel (the Assured) and an entity or person not insured hereunder, if the Assured agrees and it is required by the contract, the entity or person with whom the Assured is in contractual privity is hereby named as an additional Assured hereunder, but only to the extent required by the contract. (b) While a Vessel insured hereunder is engaged in work pursuant to a contract between the Assured and any entity or person not insured hereunder, rights of subrogation are waived against said entity or person (and any subsidiary or affiliated companies); but this waiver of subrogation only applies to liabilities arising from the work perfonmed by the insured Vessel(s) pursuant to the contract with said entity or person, and only to the extent required by the contract. Notwithstanding the forgoing, it is understood and agreed that this endorsement shall only apply to contracts entered into before any occurrence hereunder. This policy is considered primary and non-contrihutory as respects work performed by the insured vessel(s). In no event shall this endorsement amend SECTION A (5) of PART III. Indemnification hereunder is limited to such amounts as the Assured shall have become liable to pay and shall have paid as owner or operator of a Vessel named on the Vessel Schedule. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED Countersigned i ew York, N.Y. On Jan ary 0, 2024 A t for the ndiv dual Subscribers to WATERJOUALITY INSURANCE SYNDICATE t) Wall Street Marine, Inc.