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Grand River Center Second Amendment to Management Agreement Copyrighted March 18, 2019 City of Dubuque Consent Items # 9. ITEM TITLE: Grand River Center Second Amendment to Management Agreement SUMMARY: City Manager recommending approval of the Second Amendment to the Grand River Center Facility ManagementAgreement between the City of Dubuque and Platinum Hospitality Group extending the Agreement to May 25, 2020. RESOLUTION Approval of a Second Amendment to the Facility Management Agreement between the City of Dubuque, lowa and Platinum Hospitality Group, LLC SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Adopt Resolution(s) ATTACHMENTS: Description Type Grand River Center Facility ManagementAgreement SecondAmendmentwith Platinum Hospitality-MVM City Manager Memo Memo Staff Memo Staff Memo Grand River Center ManagementAgreement Second Supporting Documentation Amendment Resolution Resolutions Grand River Center ManagementAgreement and Supporting Documentation Amendment THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Grand River Center Facility Management Agreement Second Amendment with Platinum Hospitality Group, LLC DATE: March 12, 2019 Leisure Services Manager Marie Ware recommends City Council approval of the Second Amendment to the Grand River Center Facility Management Agreement between the City of Dubuque and Platinum Hospitality Group extending the Agreement to May 25, 2020. I concur with the recommendation and respectfully request Mayor and City Council approval. �� �� ��� Mic ael C. Van Milligen �� � MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Marie L. Ware, Leisure Services Manager THE CTTY OF Dubuque �" ui���eNe�ary DUB E 'il��i;' Masterpiece on the Mississippi Z°°' Z°'Z 2013 2017 TO: Michael C. Van Milligen, City Manager FROM: Marie L. Ware, Leisure Services Manager SUBJECT: Grand River Center Facility Management Agreement Second Amendment with Platinum Hospitality Group, LLC DATE: March 12, 2019 INTRODUCTION The purpose of this memo is to recommend that the City Council approve the Second Amendment to the Facility Management Agreement between the City of Dubuque and Platinum Hospitality Group, LLC and adopt the resolution. BACKGROUND June 4, 2001 the City entered into an agreement for private management of the Grand River Center with Platinum Hospitality Group, LLC. The agreement was for a ten-year period commencing six months prior to the date of the opening of the facility. The Grand River Center opened October 25, 2003. The City Council extended the agreement to May 25, 2013 as negotiations for a new agreement were held. The term of the current agreement commenced May 26, 2013 for a three-year term which was allowed to auto-renew May 26, 2016 for another three-year term. DISCUSSION The Grand River Center is an icon for the community and widely used for conferences, seminars, special events, fundraisers, weddings and more. It is one of our Masterpieces on the Mississippi. This past year the Grand River Center had events held 345 of the 365 days of the year (94%). In calendar year 2018 it was host to 199,677 attendees. City staff ineet regularly with the staff and ownership of Platinum Hospitality to review marketing, operations, capital improvement projects and conduct inspections based upon the standard operating procedures of the agreement. A Second Amendment to the Agreement was presented to Platinum Hospitality that would continue their management of the Grand River Center. Senior Counsel Barry Lindahl drafted and reviewed the Second Amendment. ACTION REQUESTED I respectfully request City Council approval of the Second Amendment to the Facility Management Agreement between the City of Dubuque and Platinum Hospitality Group, LLC and adopt the resolution. Attachment: Second Amendment Resolution Facility Management Agreement and First Amendment cc: Crenna Brumwell, City Attorney Barry Lindahl, Senior Counsel Jim Rix, Platinum Hospitality 2 Preparer: Barry A. Lindahl, Esq. Suite 330, Harbor View Place, 300 Main Street, Dubuque, IA 52001 (563) 583-4113 RESOLUTION NO. 93-19 APPROVAL OF A SECOND AMENDMENT TO THE FACILITY MANAGEMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND PLATINUM HOSPITALITY GROUP, LLC Whereas, Platinum Hospitality Group, LLC (Manager) and the City of Dubuque, Iowa (City) entered into a Facility Management Agreement (the Agreement) dated the 20th day of May, 2013 for the purpose of Manager performing the management services for the Grand River Center (Facility) described in that Agreement; and Whereas, by Amendment dated April 4, 2016, the Term of the Agreement was extended to May 29, 2019; and Whereas, City and Manager now desire to further amend the Facility Management Agreement by extending the Term to May 29, 2020. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Second Amendment attached hereto is hereby approved on behalf of the City of Dubuque. Section 2. That the Mayor is hereby authorized to execute the Second Amendment on behalf of the City of Dubuque. Passed, approved and adopted this 18th day of March 2019. Attest: 030419bal Roy D. Buol, Mayor SECOND AMENDMENT TO FACILITY MANAGEMENT AGREEMENT BETS THE CITY OF DUBUQUE, IOWA AND PLATINUM HOSPITALITY GROUP, LLC This ,SECONDMOENDMENT TO THE 'FACILITY MANAGEMENT afAGFREEMENT is dated for reference purposes the irlday of edif,ir , 2019. WHEREAS, the City of Dubuque (City) and Platinum Hospitality Group, LLC (Manager) are parties to a Facility Management Agreement (Agreement) dated for reference purposes the 20th day of May, 2013; and WHEREAS, the parties amended the Agreement by amendment dated April 4, 2016; and WHEREAS, the parties now desire to further amend the Agreement as set forth erein: Section 4.1 is amended to read as.foUov On May 1, 2017 and annually on May 1st including and until May 1, 2019, and if the Agreement is extended beyond 2019, then on each subsequent May 1 during the term of any extensions of this Agreement, the City shall contribute to the Manager an amount (the "Hotel/Motel Amount") equal to twenty-five (25%) of the actual Hotel/Motel tax generated by the Hotel (adjacent to the Facility) in the previous twelve (12) month period. Payments owed hereunder shall be pro -rated for any partial years under this Agreement. 2. Section 9 is amended to read as follows: TERM. The term of this Agreement commences May 26, 2019 and runs for one (1) year, terminating at midnight May 25, 2020 unless earlier terminated as set forth herein. 3. Sect , 10.1 is amended to read as follows: Termination Without Cause. This Agreement may be terminated by either party hereto, without cause, upon six (6) Months written notice to the other party. 4. Section 13 ls amended to- read as follows: 030419ba 13.17 The Lei -sure- Services Director and- the Manager's President and CEO wilt meet quarterly to discuss the conditions and operations at the Facility.. In addition to these quarterly meetings, the Leisure Services Director's designee and the Manager's President and CEO's designee will meet at least bi-monthly and more if requested to discuss the conditions and operations at the- Facility. 5. This amendment is subject -to the approval of the City Council of the City of Dubuque, Iowa. CITY jr DUBUQUE, 1%01NA By: 1.11 By: Roy D. j oI, Mayor K Firnstahl, City Clerk PLATINUM HOSPITALITY GROUP, LLC By: 2 s P. Rix, Its Mana STATE OF IOWA SS COUNTY OF DUBUQUE On this day of 11 ,At ,tf ,2019, before me a Notary Public in and for said County, personally appe. -ed Roy D. Buol and Kevin S. Firnstahl to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Dubuque, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. PAMELA J. McCAHR©'N Commission NunpIer 772419 My Comm. Exp. LI -S 2.02,1 meli 2 Notary Public in d for Dubuque County, Iowa F:\Users\tsteckle\Lindahl\Platinum Holding LLC\ResolutionApprovingSecondAmendmentToFacilityManagementAgreement_030419.docx 2 Preparer: Barry A.Lindahl,Esq. Suite 330,Harbor View Place,300 Main Street,Dubuque,IA 52001 (563)583-4113381 RESOLUTION NO. 161 -13 APPROVAL OF A FACILITY MANAGEMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND PLATINUM HOSPITALITY GROUP, LLC Whereas, Platinum Hospitality Group, LLC (Manager) and the City of Dubuque, lowa (City) entered into a Facility Management Agreement (the Agreement) dated the 4th day of June, 2001 for the purpose of Manager performing the management services for the Grand River Center (Facility) described in that Agreement; and Whereas, Section 13 of the Agreement states "The term of this Agreement shall be for a ten year period commencing six (6) months prior to the date of the opening of the Facility (the "Commencement Date")"; and Whereas, the Facility opened October 25, 2003, therefore making the "Commencement Date" April 25, 2003; and Whereas, the parties amended Paragraph 13 of this Agreement by Resolution No. 117-13 to extend the term of the Agreement by one (1) month, and the term of the Agreement will end on May 25, 2013; and Whereas, the management obligations, duties and responsibilities at the Facility have evolved over the ten (10) years the Facility has been open; and Whereas, City and Manager now desire to enter into a new Facility Management Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Agreement attached hereto is hereby approved on behalf of the City of Dubuque. Section 2. That the Mayor is hereby authorized to execute the Agreement on behalf of the City of Dubuque. Passed, approved and adopted this 20th day of May, 2013. � Roy D. ol, Mayor Attest: ����Sb��- Trish L. Gleason, Assistant City Clerk STATE OF IOWA ) ) SS COUNTY OF DUBUQUE ) On this 20th day of May, 2013, before me a Notary Public in and for said County, personally appeared Roy D. Buol and Trish L. Gleason to me personally known, who being duly sworn, did say that they are the Mayor and Assistant City Clerk, respectively of the City of Dubuque, lowa, a Municipal Corporation, created and existing under the laws of the State of lowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and Assistant City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. 1 %�;%l/ Notary Pub ic in an or Dubuque County, lowa �P'"`.� PAlI�IELA J. RAcGilRROPI � � Commission Number 772419 x ,o„:;... My Comm.Exp. — -ZOt' GRAND RIVER CENTER FACILITY MANAGEMENT AGREEMENT This Grand River Center Facility Management Agreement (the "Agreement") is made and entered into as of this 2otn day of May , 2013, by and between The City of Dubuque, lowa ("City") and Flatinum Hospitality Group, LLC ("Manager"). WHEREAS, City constructed and owns the conference and education center facility, known as the Grand River Center ("Facility"), located at 500 Bell Street located in Dubuque, lowa ; and WHEREAS, the financial and operational success and maintenance of the Facility is of the highest importance to the City; and WHEREAS, the Manager desires the exclusive right and privilege of managing, operating and marketing the Facility; and WHEREAS, the Manager is experienced and skilled at providing these services; NOW THEREFORE, in consideration of the terms, covenants and conditions hereinafter contained, the parties agree as follows: SECTION 1. RETENTION OF MANAGER. 1.1 The City hereby retains the Manager as an independent contractor for the purpose of perForming the management services for the Facility described in this Agreement. The Facility is the conference and education center facility, parking, and entire grounds located at 500 Bell Street, and legally described and shown at Appendix A, attached hereto. 1.2 The Manager agrees to provide the management services for the Facility as set forth in this Agreement and as approved by the City. The Manager will use its best efforts to maximize revenues in the marketing, operating and management of the Facility. 1.3 The City will allow the Manager to operate the Facility according to sound business practices and industry standards. 1.4 The Manager and the City agree that the City will retain title, ownership and exclusive control of the Facility. The Manager will not acquire title to, any security interest in or any rights of any kind in or to the Facility. SECTION 2. MANAGEMENT RIGHTS. The City grants to the Manager the exclusive right and license to the following, subject to the terms and conditions contained herein: 051513maq (1) Operate, manage, market, promote, maintain, and arrange programming for the Facility; (2) Provide and sell, and/or sublicense for the provision and sale of, all food, beverages, souvenirs, merchandise and printed materials at the Facility. The foregoing includes the exclusive right to provide and sell alcoholic beverages. (3) Provide all services required for the management, use, maintenance and operation of the Facility, including, but not limited to, all services and matters specifically identified in this Agreement, and excluding only those matters specifically identified in this Agreement as being the responsibilities of the City. (4) Charge admission to patrons of events held at the Facility and charge for use of the Facility. (5) All revenues generated by the Facility will be deposited in the Operating Account and are subject to the control and direction of the Manager. SECTION 3. MANAGEMENT RESPONSIBILITIES. 3.1 Except as otherwise provided in this Agreement, all aspects of the management, use, maintenance and operation of the Facility are the responsibility of the Manager including, but not limited to the following: (1) The Manager must act in accordance with prevailing industry standards to prevent any nuisance or hazardous activity to occur at, on, about or within the Facility. (2) The Manager must take all reasonably necessary action consistent with industry standards to ensure that employees, performers, vendors, lessees, subcontractors or any other persons utilizing, occupying or patronizing the Facility do not engage in any activity that may cause reasonably foreseeable damage to the Facility or persons at the Facility. (3) The Manager is solely responsible for safety, security and maintaining good order within the Facility at all times. The Manager must take and cause all contractors and subcontractors to take commercially reasonable precautions at all times for the protection of persons and property within the Facility, including, but not limited to, instructing, maintaining and supervising safety precautions and programs in connection with the management, use, occupancy and operation of the Facility. (4) The Manager must use commercially reasonable efforts to ensure that its personnel and all contractors and subcontractors observe and obey laws in connection with all work perFormed at or about, or otherwise involving the Facility. 2 (5) The Manager may not use or permit to be used any City property other than for its intended purpose. (6) The Manager may not use or permit to be used any space in the Facility for anything other than its intended purpose. (7) The Manager may not sell sponsorship rights to the Facility or any part of the Facility. The Manager may not sell advertising to be posted or displayed at, on or around the Facility. Sponsorship and advertising at the Facility are within the City's sole discretion and are subject only to the City's approval or denial. (8) Manager represents and warrants to the City that it will maintain an efficient, high quality operation at the Facility that is comparable to other similar conference, convention or education centers. (9) Manager may not make any material alterations, additions, improvements, or replacements in or to the Facility without the approval of City. Such approval will not be unreasonably withheld but is within the City's sole discretion. All material alterations, additions, improvements, or replacements to the Facility are the property of City at all times during the Term of this Agreement and upon termination or any point thereafter. (10) The Manager must maintain the Facility in as good a condition as when received, ordinary wear and tear expected. (11) The Manager must cooperate with the City, consider the City's recommendations and advice, and manage the facility in accordance with the terms of this Agreement. (12) The Manager must comply with all applicable federal, state and local regulations, ordinances and laws. (13) The Manager must make parking available for off-site public events when such events will not conflict with Facility events and Manager may charge a reasonable rental fee. (14) The president and general manager of the Manager must return all phone calls and emails from the City Manager and Leisure Services Manager within twenty-four (24) hours. The City Manager, or his designee, shall also return all phone calls and e-mails from the Manager within twenty-four (24) hours. 3.2 The Manager must provide to the City Manager or the City Manager's designee for review, as specified below, and approval, as specified below, the following documents related to the management of the Facility, including but not limited to the following: 3 (1) Budget. The Manager must prepare and submit to the City Manager, on or before November 1 of each year during the term of this Agreement, an annual operating budget for the Facility listing ali projected revenues and operating expenses by category, broken down by month with explanations and assumption for each revenue and operating expense line item. The annual budget shall be submitted to the City Manager or the City Manager's designee. The budget is for informational purposes only and to ensure proper management of the Facility: The Manager will use best efforts to operate the Facility within the scope of the budget and any amendments thereto which the Manager has submitted to the City Manager. (2) Expenses. The Manager is responsible for all operating costs and expenses of the Facility, including but not limited to all costs and expenses incurred in connection with the management, marketing, use, occupancy, maintenance and operation of the Facility. The Manager will have access to and complete control over the operating account for the Facility and will use the funds in the operating account to pay operating costs and expenses of the Facility. (3) Revenue. The Manager is responsible for the collection of all revenues and is entitled to retain and pay itself from the operating account on the twenty- sixth (26t") day of April, 2013 and on each twenty-sixth (26t") day of April thereafter each year during the term of this Agreement the end of each twelve (12) month period beginning at the first anniversary date of the opening of the Facility (April 25t"), any profits or income from the Facility in excess of the expenses of the Facility as determined by a certified accounting firm mutually agreed upon by the Manager and the City. (4) Business Plan. (a) The Manager must submit to the City Manager or the City Manager's designee a complete business plan to be followed by the Manager on or before November 1 of each year during the term of this Agreement. The business plan must include but is not limited to a marketing plan and a projection of revenues and operating expenses for the upcoming year. It must also include an analysis of the basis and assumptions underlying each line item for revenue and operating expenses. The plan must also include planned operating maintenance activities to be performed by the Manager as well as a five (5) year plan for capital improvements and capital equipment purchases due to the City October 1. The Business Plan shall in no way become a perFormance obligation for either the City or the Manager but serve as ,a management blueprint. 4 (b) The business plan will include an annual operations plan as defined in Section 3.10 below including, an annual budget as defined in 3.2(1) above. The annual operations plan shall be submitted to the City Manager for approval each year. The goals of the business plan will be reflected each year in the annual budget. The Manager will ensure that the operations plan meets reasonable requirements and expectations of the City. (c) The business plan is not limited by the requirements listed above. The Manager is encouraged to develop a thorough working business plan each year with additional elements. (5) Marketinq Plan. The Manager will develop and implement a marketing plan for the Facility that must be submitted to the City, for information purposes only. The plan will be reviewed and updated by the Manager and submitted to the City on or before November 1St each year during the term of this Agreement. The marketing plan should include, among other things, a strategic analysis of the market and prevailing economic conditions. The plan should include quarterly benchmarks that will be reviewed by Manager and the City Manager or the City Manager's designee on a quarterly basis. (6) This section is intentionally left blank. (7) Reportinq Requirements. (a) Annual Report and Plan. Manager must provide to the City by July 1, 2013 and on or before February 1st of each year thereafter, an annual report and plan. The annual plan shall include but not be limited to information regarding manager's anticipated operations for the calendar year, anticipated events and activities at the Facility and a review of the prior year's activities and events. The annual report and plan are subject to review and approval of the City Manager. (b) Monthly Reportinq Requirements. The Manager must make available for review by the City Manager or the City Manager's designee the following itemized reports related to the operation of Facility: (i) Income statement report itemized by category; (ii) Operating expense report itemized by category; (iii) Sales reports itemizing names of specific events held at Facility and event recap; 5 (iv) Itemized report of projected bookings for the ne>ct quarter by group name, amount of room space booked (if available), and dates; and (v) Itemized reports of all maintenance and/or service contracts by category. (c) Monthly and Yearly Reportinq Requirements. The Manager must, within twenty (20) days after the end of each calendar month and within forty-five (45) days after the end of each fiscal year, which is defined as Manager's fiscal year beginning on January 1 and ending on December 31 make available for review by the City Manager or the City Manager's designee a true and correct statement certified by an officer of Platinum Hospitality of all revenue and operating expenses related to the Facility of " the preceding calendar month and fiscal year together with any reasonable supporting document requested by the City. (d) Yearly Reporting Requirement. On or before November 1St of each year during the term of this Agreement, the Manager must make available for review by the City Manager or the City Manager's designee the catering food and beverage pricing, menus, standard fees and charges plus equipment and staff rates in addition to fee policies and procedures. (e) Additional Reports. The Manager must, upon the request of the City, prepare for the City or assist the City in the preparation of such additional financial reports with respect to the Facility as may be required in the preparation of the annual Facility financial report and that are capable of being generated by the Manager's software system. The Manager must provide the name of its current software system and provide a list of reports its software system is able to generate. The Manager is solely responsible for the cost of the preparation of all of the financial reports described in this Section 3.2. However, Manager shall not be required to provide any additional reports considered confidential, proprietary, or a trade secret. (fl Removal of Records. Except as otherwise provided herein, none of such books and records, including, without limitation, books of account, client records and front office records, may be removed from the Facility or the adjacent hotel without the City Manager's prior written approval. Upon termination of this Agreement, The Manager will provide the City with all contracts entered into at the Facility during the three (3) years prior to such termination and all contracts entered into or in negotiation for future business. (g) Maintenance of Records. The Manager must maintain accounting records relating to the Facility using accounting practices in accordance 6 with generally accepted accounting principles consistently applied. The accrual method will be used. (h) Internal Financial Controls. The Manager must establish internal financial control policies and practices in accordance with generally accepted standards in the industry and reasonably acceptable to the City. (i) City Access. The City Manager, or his designee, must have unlimited access to all accounting records, contracts and supporting documentation relating to the Facility during the term and any renewal term of this Agreement and for a period of three (3) years thereafter. Such access will be exercised in a reasonable manner upon reasonable notice to Manager. 3.3 Marketinq and Promotions. (1) The Manager will direct all marketing activities undertaken at or related to the Facility in such a manner that maximizes the use of the Facility by all persons including independent promoters and provides maximum revenue and accessibility for the community to the Facility. (2) The Manager must be active on all appropriate committees of the Dubuque Convention and Visitors Bureau (CVB) and participate in marketing activities of the CVB. The Manager must attend eighty percent (80%) of CVB Advisory Board meetings. The City agrees to cooperate with the Manager to obtain the support of the CVB in the marketing of the Facility, including, without limitation, the commitment of the CVB to provide at least one (1) senior marketing person to assist in marketing the Facility to national and regional groups in cooperation with all local hotels and attractions. (3) The Manager must use the ongoing support services from the City, the CVB and any other applicable sources to work with the Facility staff to develop and execute successful marketing and promotional campaigns. 3.4 Schedulinq. The Manager must develop and maintain all schedules for events held at the Facility in a manner that maximizes the use of the Facility. The Manager must submit an event rental agreement that is reviewed by the City annually on or before November 1 St of each year. The Manager is authorized to negotiate rental agreements for the Facility. 7 3.5 Employee Management. The Manager is responsible for supervision and direction of all personnel staffing at the Facility. All Facility staff are employees of the Manager, not City employees. All employee expenses are operating expenses of the Facility. Employee salaries will be reported in the aggregate, not individually, as lump sum items in the operating expense report. The Manager is responsible for the foliowing with respect to the management of the staff and employees of the Facility: (1) The Manager is solely responsible for the control and supervision of its personnel and subcontractors, including all of the means, methods, details and other aspects of the management, use and operation of the Facility, to the extent this Agreement does not provide otherwise. (2) The Manager determines staffing needs for the operation and management of the Facility and provides personnel to fulfill such positions and determines the terms and conditions of their employment/engagement and pays all compensation and benefits. (3) The Manager will assign an operation manager to oversee the services provided under this Agreement. The operation manager must ensure the integrity of the services provided by Manager as required by this Agreement. The Manager must promptly notify the City Manager of the selection of the operation manager of the Facility. (4) The Manager will employ, train and supervise all personnel providing any services in connection with this Agreement. All such personnel must have appropriate qualifications and experience and be in sufficient numbers to provide all services for the operations under this Agreement. (5) The Manager must address all employee training needs and conduct regularly scheduled training programs for the personnel providing services at the Facility. (6) The Manager must take reasonable steps and direct all of its employees and subcontractors to at all times present a neat and attractive appearance, to be courteous, efficient and properly trained, and not to use improper language or act in a loud or boisterous manner. (7) The Manager must provide all personnel necessary to set up, operate, and clean the Facility. (8) The Manager agrees, represents and warrants that it will not at any time discriminate against any employee or subcontractor, or against any invitee or other person or entity whatsoever, because of race, creed, color, religion, sex, age, sexual orientation, gender identity, national origin, disability, or status as a disabled veteran and will follow and comply with all applicable local, state and federal anti-discrimination and employment laws. The Manager must post in s conspicuous places within the administrative offices at the Facility that are available to employees and applicants for employment, notices setting forth the provisions of the nondiscrimination clause required by this paragraph. In all solicitations and advertisements for employment placed by or on behalf of the Manager, the Manager must state that it is an equal opportunity employer. (9) The Manager must pay to the appropriate authority for all Federal, State, local and other payroll taxes, workers' compensation insurance, employer's portion of State and Federal unemployment compensation taxes, social security taxes, and, at the Manager's discretion, to eligible employees and independent contractors, accident and health insurance, life insurance, and retirement benefits for all employees affiliated with the operation of the Facility. (10) The Manager will create a new and additional full-time position to perForm the duties of housekeeping supervisor. 3.6 Operating Standard. (1) The Manager must use, operate and maintain the Facility in accordance with prevailing uses and standards of other municipal education and conference centers of comparable size, class and standing, and in accordance with standards customary to upscale, full-service hotels with meeting space. The Manager must take such actions at its sole cost and expense to maintain the minimum performance standards. See Appendix B for Operating Standards. (2) The Manager has developed Standard Operating Procedures (SOP) attached as Appendix E for housekeeping/janitorial and facility maintenance. If the SOP are amended or modified at any point during the term of this Agreement, the Manager will submit such amended SOP to the City Manager, or his designee, for approval within forty-five (45) days of amendment or modification. Failure to submit amended or modified SOP within the timeframe will result in termination as set forth in Section 10 of this Agreement. 3.7 Facility Maintenance. Management must maintain Facility in good repair and condition and conformity with all requirements and make or cause to be made routine repairs and maintenance. Management is responsible for the ordinary housekeeping and cleaning of the Facility and all equipment. Except as otherwise provided, the Manager has the following responsibilities with respect to the Facility's operational maintenance: (1) Ordinary and Minor Maintenance. The Manager will direct the perFormance of all minor maintenance of the Facility that is ordinary and routine. This includes but is not limited to repairs, replacement, cleaning, painting and providing normal day-to-day maintenance and repair as necessary to all equipment and leasehold improvements located in the Facility. In making any repairs, all work done by the Manager, or on its account, must be of first class 9 quality in both materials and workmanship. All repairs wili be made in conformity with all requirements. (2) Trash Removal. The Manager will deposit in receptacles provided by the Manager all waste, garbage and refuse which accumulates in the Facility and will keep the Facility in a good, clean and sanitary condition. Foodservice trash and garbage removal from or generated by the Facility is the sole responsibility of the Manager. Recycling containers must be available and will be provided by the City at the City's expense. (3) Sustainable Practices. The Manager will develop, use and report by November 1st yearly to the City sustainable practices and results of recycling, other sustainability practices used in the care and maintenance of the Facility, and if practical, separating and setting out organic material, such as grass clippings, landscape trimmings, and food waste for collection and composting. (4) Pest Control. The Manager will direct all necessary pest control services, whether performed by Manager or a pest control service engaged by Manager. Pest control services will be perFormed monthly and more frequently than monthly if needed. (5) Fish Flies. The Manager will perform or have a contract in place to perform fish fly hatch cleanup. Fish flies must be cleaned up within twenty-four (24) hours. Faster cleanup will be expected for high profile Facility events. Smaller fish fly hatches may take longer than twenty-four (24) hours. The City shall provide a self propelled articulating boom, a lawn and litter vacuum and a power washer to assist the Manager with the fish fly hatch cleanup. The City shall also provide additional water service as requested by the Manager, which shall be provided at the expense of the City. (6) Windows. The Manager will have windows cleaned professionally by an outside contractor inside and out semiannually. Spot cleaning and cleaning in reach of city equipment made available will be performed by Facility staff more frequently on an as needed basis. (7) Snow Removal. The manager will direct all snow removal services on the pathways and sidewalks as well as parking lots as show in Appendix A. (8) Event Securitv. The Manager will arrange for proper security, as requested by the client, for events at the Facility. The Manager must report annually by November 15t its plan for crowd management and traffic control (when necessary) of the Facility. (9) Custodial and Janitorial. The Manager will provide all routine day to day custodial and ordinary maintenance services required to maintain the interior and 10 exterior of the Facility in good, safe, clean and sanitary condition and order throughout the term of this Agreement. (10) Furniture Fixtures and Equipment (FF&E). The Manager will maintain all FF&E. At the termination of the Agreement, the Manager will surrender to the City all FF&E purchased by the City, including the equipment repaired or replaced by the Manager, in the condition in which it was received, reasonable wear and tear excepted. The Manager will provide an inventory of FF&E to the City as soon as possible after execution of this Agreement, six (6) months prior to expiration of this Agreement, or if this Agreement is terminated early, as soon as possible after notice of early termination. During the term of this Agreement the Manager will also provide an inventory of FF&E to the City upon request. (11) Equipment Repairs and Maintenance. (a) Manager will promptly notify the City of any need, known to the Manager, for the repair or replacement of any defect, malfunction or other inadequacy in the Facility, including the structure, interior, exterior and any capital improvements regardless of who has financial responsibility for the repair or replacement of such. The Manager must keep a log of maintenance that is available for the City to review upon request. (b) Equipment Maintenance. The Manager will maintain and repair all equipment necessary for the proper operation of the Facility, in accordance with the-Annual Budget and all manufacturer's warranty and preventive maintenance requirements and schedules. The cost thereof is an Operating Expense. The Manager will keep a log of all equipment maintenance that is available to the City for review upon request. Equipment maintenance includes but is not limited to HVAC, plumbing, electrical, boilers, geothermal systems, kitchen equipment, attached and freestanding equipment throughout the facility and mechanical systems, life safety system, elevators and the escalator. (c) Financial Responsibilitv. Ordinary equipment maintenance and individual equipment repairs, as described in (b) above, costing less than $1,000 will be paid by the Manager up to an aggregate in any fiscal year of $15,000. The City will be financially responsible for repairs or maintenance in excess of $1,000 individually and $15,000 in the aggregate in any fiscal year. In no event shall Manager's responsibility for maintenance or repairs of all equipment exceed $15,000 on an annual basis. The cost of individual repairs and aggregate will be adjusted each year based on the Consumer Price Index (CPI) of the last twelve (12) months before seasonal adjustment. The adjustment begins July 1St of each year. Any repairs or maintenance that exceed these individual and/or aggregate limits is subject to prior approval by the City's Leisure Services Manager, which shall not be unreasonably withheld. Equipment repairs due to lack of manufacturer recommended preventative maintenance will be the financial responsibility of the Manager. 11 (12) Maintenance and Service Contracts. (a) Maintenance and Service Contracts. The Manager will keep in force all maintenance and service contracts including but not limited to telephones, fire extinguishers, HVAC, Simplex clocks, fire alarm system and sprinkler and fire suppression system. Pest control, lawn care and treatment, landscape maintenance, carpet cleaning, escalator and elevator will also have service contracts in force. The carpets will be cleaned professionally by an outside contractor semiannually, kitchen equipment will be inspected annually, HVAC and all mechanical systems will be inspected semiannually. HVAC, kitchen equipment and all mechanical systems will have recommended manufacturer maintenance performed in accordance with the standards of each system or piece of equipment. The City will cooperate with the Manager to provide the Manager with the benefit of any maintenance or service contracts the City may be a party to. (b) Financial Responsibility. Maintenance and service contracts, as described in (a) above, costing less than $1,000 will be paid by the Manager up to an aggregate in any fiscal year of $15,000. The City will be financially responsible for maintenance and service contracts in excess of $1,000 individually and $15,000 in the aggregate in any fiscal year. In no event shall Manager's responsibility for maintenance and service contracts exceed $15,000 on an annual basis. The cost of individual and aggregate service and maintenance contracts will be adjusted each year based on the CPI of the last twelve (12) months before seasonal adjustment. The adjustment begins July 1St of each year. Any maintenance and service contracts that exceed these individual and/or aggregate limits is subject to prior approval by the City's Leisure Services Manager, which approval shall not be unreasonably withheld. The individual and/or aggregate limits set forth in this Section 3.7(12)(b) for maintenance and service contracts are separate and distinct from the individual andlor aggregate limits set forth above in Section 3.7(11)(c) for equipment repairs and maintenance. (13) Repair and Replacement Schedule. The Manager will maintain a schedule of all needed repairs known to the Manager including repairs and/or replacement. The Manager will keep a log of all repairs and replacements that is available to the City for review upon request. (14) Except as otherwise provided in this Agreement, the Manager is responsible for all financial affairs, other than debt service, of the Facility, and all services related to the marketing, management, use and operation of the Facility, including without limitation, sales and use taxes, licenses, costs of all events, professional services involving Facility operations; and all budgeting, accounting and reporting systems required by this Agreement and the generation of all required financial reports detailing revenues and expenses. 12 (15) The Manager may not do, or cause to be done, anything which will interFere with the effectiveness or accessibility of any utility connections or service in, at or about the Facility, including, but not limited to, water, electricity, telephones, waste and sewage disposal, heating, ventilation and air conditioning, fire and security monitoring systems, or any portions of the foregoing without prior written approval of the City. Such approval will not be unreasonably withheld. During normal operating hours the Manager may not do or cause to be done anything that would unreasonably interfere with free access and passage in the Facility and the adjacent and adjoining public areas, streets, parking lots and sidewalks. (16) The Manager may not commit, cause or permit any waste, injury, or damage upon or to the Facility, ordinary wear and tear excepted. (17) The Manager may not, without the prior written approval of the City, remove or cause to be removed or permit the removal of, or from the Facility any property provided by or belonging to the City, except for ordinary and necessary repairs. (a) The Manager may not install or remove or cause or permit, (unless permitted by the City) the installation or removal of any fixtures, partitions, equipment, furnishing, or other property where to do so will deface, injure or damage the floors, walls, ceilings, or any portion of the Facility or property connected or adjacent thereto. (b) The Manager may not cause or allow any structural alterations or physical modification in or to the Facility without having obtained prior written approval from the City. Such approval may be conditioned upon the Manager's express, written agreement to return the same to its original condition immediately following the use or purpose for which any such change or alteration has been made. Any such approval by the City to a particular alteration or change is not a consent to any other or additional alteration or change at that time or thereafter unless specifically so stated in the advance written approval executed by the City. (18) Landscape Care and Maintenance. The Manager will provide for landscape care and general maintenance of all areas and structures of the Facility outside of the building itself. Landscape care and maintenance shall include but is not limited to turf, flowers including annuals and perennials, trees, shrubs and landscape beds and all other structures outside the building itself. These structures include but are not limited to fences, brick and stone landscape structures and areas, signage, benches and waste receptacles. The Manager shall provide for care and maintenance of the irrigation system and other watering systems. The Manager shall provide for annual flowers in the beds on 13 the Riverwalk patio. See Appendix B-Operating Standards for additional details regarding Landscape Care and Maintenance. 3.8 Accommodation Standards. When services are requested, accommodations must be made to create a first-class environment that facilitates success for the Facility. Such accommodations include but are not limited to the following: (1) Tables are to be well maintained with finished and/or painted wood tops or covered with pressed and well maintained linens. Seating must be comfortable, clean and absent of any visible damage, stains or wear. Table top appointments will include but are not limited to ice water, appropriate glassware, trash and recycling receptacles, writing pads, and writing instruments (with logo, mints and/or candies in sufficient quantities to serve the client's needs), unless otherwise requested by the client. (2) Supervision of the meeting services includes but is not limited to refreshing the meeting rooms promptly during each scheduled break, prompt delivery and/or posting of inessages to meeting attendees, and duplicating services in-house for small requests. Presentation equipment should be in proper repair whether maintained in-house or through an outside vendor. Available equipment must be in proper working condition/appearance and accompanied by sufficient collateral support such as extension cords, replacement bulbs, masking tape, etc. (3) Well maintained podiums or lecterns must be available, each prominently displaying the Facility logo. Meeting rooms must be properly maintained to assure proper lighting, sound quality, ventilation, temperature control, and overnight security, if security is requested, and paid for, by the client. The client must be offered the flexibility to control sound, lighting and climate control. Function rooms must be completely set and ready for customers at least thirty (30) minutes prior to the scheduled starting of event. Any stages, temporary or permanent, will have structural access for individuals with disabilities including but not limited to ADA compliant ramps or lifts, which shall be purchased and provided by the City. (4) Signage provided by Manager used to identify groups, breaks, directions, etc., must be professionally printed either by outside vendors or in-house, using software, printing equipment, or calligraphy. 3.9 Food and Beveraqe Service. The Manager will supervise and/or provide catering and concession services at the Facility for the sale through manual service, vending machines and other methods. This responsibility includes but is not limited to: (1) Food and beverage serving locations must be maintained and cleaned to the highest standard or quality. Food and beverage serving areas must be cleaned within twelve (12) hours of the event's conclusion. 14 (2) The Manager will use its best efforts to ensure the food and beverage services are operated and conducted pursuant to industry standards for this type of facility. (3) All food and beverages sold or served must be of the highest standard of quality and purity for the type of food or beverage provided, must be stored and handled at all times consistent with excellent standards of sanitation, preservation and purity, must always be well prepared and promptly served and must always conform to the requirements of all applicable federal, state and municipal laws, statues, ordinances and regulations. (4) Unless disclosed in accordance with applicable law, no adulterated or misbranded commodities may be stored, displayed or sold by the Manager. The quality, quantity, price and brands of all items of food, liquor, beer and other items to be sold or served will be determined by the Manager. (5) The Manager must manage all appropriate food and beverage requirements necessary to fulfill the purposes of this Agreement. The City is not responsible for any goods, food, beverages, merchandise or equipment stored at the Facility by third parties, nor will it be responsible for damages resulting from a power failure, flood, fire, explosion and/or other causes which result in the damage or destruction of the foregoing items, other than for gross negligence or intentional misconduct on the part of the City or its employees, agents or legal representatives. (6) During all events open to the general public at the Facility where there are food and beverage sales, the Manager must post signs and provide menus advertising the prices of all items offered for sale and have available a nutrition chart. This is not required for catered events or events not open to the general public. (7) Food and beverage staff members assigned to supervise the scheduled event must be introduced to the event host or meeting planner prior to the commencement of the event. 3.10 Operations Plan. The Manager must at least annually review and submit to the City an Operations Plan by November 1St which provides for the guidelines and usage of the Facility by the Manager, control of the services being provided by the Manager and other such matters as necessary to fulfill this Agreement. The Operations Plan must address the following matters, including but not limited to: (1) Office and Facility hours, opening/closing procedures, employee parking, telephone/radio communication; 15 (2) Maintenance, repair, replacement and usage of the equipment and leasehold improvements; (3) Preventative Maintenance Plan, including but not limited to preventative and regular maintenance checks and schedules; (4) Building maintenance checks and schedules; (5) Rules and regulations relating to the sale and distribution of food and beverages; (6) Sponsorship, advertising and promotion of the Facility and the services being provided pursuant to this Agreement; (7) Usage of"logos" throughout Facility and on items in Facility; (8) Sanitation and cleaning guidelines; (9) Off-site sales of food and beverages; (10) Scheduling the usage by the Manager of the Facility; (11) Health and Safety Manual including but not limited to crowd control, emergency protocols and procedures, emergency operation plan, security operations and protocols; (12) A dress code and training program for the Manager and Facility employees providing food, beverages and other services, as well as staffing guidelines for each event; (13) Operation Standards; (14) Entrance procedures for employees working an event or at office; (15) Procedures to address revenue sharing and sponsorship opportunities for selected events at the Facility; (16) Procedures for selecting contractors and vendors working at the Facility; (17) Employee Policy and Procedure Handbook; ' (18) Customer Lease Contract, Procedures and Policies. 3.11 Patron Safety, Comfort and Enjoyment. The Manager will operate and conduct all operations of the Facility in such a manner that all persons who patronize the Facility are treated in an orderly, safe and courteous manner by Manager's employees. 16 ' 3.12 Permits, Licenses, Taxes. The Manager will obtain and maintain ail permits and licenses that are required or necessary for the management, use, occupancy or operation of the Facility. The City, when required to do so as owner of the Facility, will sign any applications for such permits and licenses that Manager must obtain and maintain. The Manager, if required, will charge, collect and pay over to the appropriate taxing authority, all applicable taxes due as a result of the performance of the Manager's duties under this Agreement, including but not limited to lowa Sales and Use taxes on admissions, if any. 3.13 The Manager will include or ensure that a statement substantially similar to the following is included in all written agreements entered into after execution of this Agreement, with third parties to which the Manager is a party with respect to the Facility: "Vendor agrees that it will look solely to the Manager for all claims and damages arising out of this Agreement, and that it has no recourse against the City or any of its employees, agents, officers or officials with respect to any claims or damages arising under this Agreement." 3.14 Additional Duties. If any future issues or problems arise at or related to the Facility during the term of this Agreement, the Manager will cooperate with and assist the City in reaching a timely solution. 3.15 Use of Citv Equipment. The Manager will use City equipment at the Facility in perFormance of its obligations hereunder, in accordance with reasonable conditions set forward by the City and in accordance with all applicable warranties. From time to time, the City and the Facility may conduct an inspection and inventory of city equipment being used by the Facility in the management of the Facility. 3.16. Storaqe. Neither Manager, nor Manager's employees or agents, may utilize the facility for the storage of persona� property, unless that personal property is necessary and required for operation of the facility. SECTION 4. CITY RESPONSIBILITIES 4.1 Hotel Motel Tax Payment to Manaqer. (1) On May 1, 2014, the City will contribute to the Manager an amount (the "Hotel/Motel Amount") equal to fifty percent (50%) of the actual Hotel/Motel tax generated by the Hotel (adjacent to the Facility) in the previous twelve (12) month Fiscal Year defined as the twelve (12) month period beginning on the Date and each anniversary date thereafter. (2) On May 1, 2015 and annually on May 1st including and until May 1, 2016, and if the Agreement is extended beyond 2016, then on each subsequent May 1 during the term of any extensions of this Agreement, the City shall contribute to the Manager an amount (the "Hotel/Motel Amount") equal to twenty-five (25%) of 17 the actual Hotel/Motel tax generated by the Hotel (adjacent to the Facility) in the previous twelve (12) month period. Payments owed hereunder shall be pro-rated for any partial years under this Agreement. 4.2 The City will provide at its sole cost and expense a turn-key education and convention facility that includes all equipment necessary for the operation of the Facility, including without limitation, all tables, chairs, tableware and all other equipment necessary for the operation of the Facility. The City guarantees that the equipment will be sufficient to provide the services required under this Agreement. Replacement of non-capital equipment is the responsibility of the Manager. Non-capital equipment means any item or group of items that is valued at less than $5,000.00 and has a useful life of less than one (1) year. 4.3 Capital Improvement and Capital Equipment. (1) The City is responsible for capital improvements to and capital equipment for the Facility. The City will fund capital improvements and capital equipment as approved by the City Council capital improvement fund each year. Capital improvements mean expenditures that are of a long-term character and as defined by generally accepted accounting principles. Capital equipment means a single item or group of items that costs $5,000.00 or more and has a use life of one (1) year or more. The Manager must not later than October 1st annually provide the City Manager with a rolling five year capital improvement plan for the Facility that proposes capital improvements to and capital equipment for the Facility and makes recommendations to the City Manager for same. (2} Additional Capital Improvements or Equipment. From time to time during the budget year, it may be desirable to consider additional capital improvements and the purchase of additional equipment for the Facility that were not included in the capital improvement plan for that current budget year. At any time the Manager or the City may request a meeting to confer to consider the advisability of such additional improvements and additional equipment. All such additional capital improvements and capital equipment acquisitions are subject to and cannot be made with City Council approval. 4.4 Utilities (Gas and Electric only). The City will pay fifty percent (50%) of the gas and electric related to the Facility on a monthly reimbursement basis. 4.5 The City will pay all property, casualty and liability insurance related to the Facility. 4.6 The City is responsible for all exterior improvements to the Facility. SECTION 5. INTELLECTUAL PROPERTY, WEBSITE AND DOMAIN(S). Intellectual property, website and domain(s) remain with the Facility at the end of this Agreement 18 and are the property of the City. The Manager is responsible for all costs associated with the intellectual property, website and domain(s) prior to the end of this Agreement. SECTION 6. INSPECTIONS. The Manager and the City will meet each monthly to review revenues and operating expenses for the prior calendar month, inspect the Facility and communicate issues and concerns. Quarterly, the log of equipment maintenance, maintenance and service contract visits, deep cleaning completed, monthly housekeeping tasks completed, maintenance and repairs and replacements, and preventative maintenance will be reviewed. The City may enter the Facility at all reasonable times for the purpose of determining whether the terms, covenants and conditions contained in this Agreement and the Operation Plan are being fully and faithfully observed and performed. The City may conduct scheduled and unscheduled inspections of the Facility with a minimum of twenty-four (24) hours advance notice. SECTION 7. CITY EMERGENCY. 1.1 In the unlikely event of a city-wide emergency, the City has the right to use the Facility or a part of the Facility as an emergency shelter and/or other emergency operation. 1.2 If the Manager must cancel events due to the City's use of the Facility or a part of the Facility as an emergency shelter and/or other emergency operation, the City will reimburse the Manager for the following: (1) Any direct expense, including, but limited to, the loss of the actual contractual rental for events during such emergency use, which is caused by such emergency use; and (2) Any actual, out of pocket expenses, including, but not limited to, clean-up costs or food costs, which are caused by such emergency use. 1.3 All such reimbursements will be limited to expenses only for that part of the Facility actually used by the City as an emergency shelter and/or other emergency operation. SECTION 8. RECORDS. The Manager must maintain books and records for the services provided under this Agreement and said books and records must be open for inspection by the City or its designated representative at all reasonable times during the term of this Agreement and for a period of three (3) years thereafter. The Manager must provide the City access to all financial records and accounting forms reasonably requested by the City. SECTION 9. TERM. The term of this Agreement commences May 26, 2013 and runs for three (3) years, ending on May 25, 2016 unless earlier terminated as set forth herein. The Agreement can be extended for two (2) additional three (3) year terms if agreeable to both parties at least six (6) months prior to the expiration of the 19 Agreement, or any e�ctensions thereof, and Section 4.1 will be so amended if the options are exercised. SECTION 10. TERMINATION. 10.1 Termination Without Cause. After May 25, 2015 this Agreement may be terminated by either party hereto, without cause, upon six (6) months written notice to the other party. 10.2 Termination For Cause. Either party shall have the right to terminate this Agreement upon one hundred twenty (120) days written notice in the event of a material breach by the other party, provided the party receiving the notice may use that same one hundred twenty (120) day from receipt of the notice to cure the breach. If the breaching party is unable to cure the breach during that time, this Agreement will terminate at the end of the one hundred twenty (120) day notice period. Upon termination, all obligations of the parties under this Agreement will cease. 10.3 Condition Of Facilitv Upon Expiration Or Termination. At the expiration or termination of this Agreement, the Manager must peacefully surrender to the City possession of the Facility, must remove all the Manager's personal property from the Facility as directed under this Agreement, and must leave the Facility in at least the same condition that existed at the commencement of this Agreement, ordinary wear and tear excepted. All City purchased and provided equipment and FF & E will be the property of the City at the termination or expiration of this Agreement. The Manager must return to the City all City FF& E inventory purchased and provided during the term of this Agreement. 10.4 No Solicitation or Employment by CitLr. During the period commencing on the date hereof and ending one (1) year after the termination of this Agreement, except with Manager's prior written consent, the City shall not, for any reason, solicit for employment, or hire, any of the senior management personnel employed by Manager at the Facility, including, without limitation, the general manager, director-level employees and department heads. In addition to any other remedies which Manager may have, specific perFormance in the form of injunctive relief shall be available for the enforcement of this provision. SECTION 11. INDEMNIFICATION. 11.1 The Manager hereby agrees to indemnify, defend and hold harmless the City and its officers, commissioners, employees, agents, servants or representatives from and against any and all claims, demands, damages, liabilities, actions, judgments, or execution of third parties of any kind or nature whatsoever, whether at law or in equity, including, but not limited to, reasonable attorney's fees and court costs, arising out of, relating to, resulting from, or caused by the negligence or willful misconduct of the Manager, its officers, employees, agents, servants, subcontractors or representatives during the term of this Agreement. The Manager will be given prompt notice of any claims for which the indemnification will be sought, and will be given full and complete 20 cooperation from the City in the defense or settlement of all such claims, and will be given full authority in the defense or settlement of any such claims, with the exception of claims which relate to City reimbursement responsibilities. Neither party will have the authority to bind the other to any settlement without such party's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. 11.2 The City hereby agrees to indemnify, defend and hold harmless the Manager and its officers, commissioners, employees, agents, servants or representatives from and against any and all claims, demands, damages, liabilities, actions, judgments, or execution of third parties of any kind or nature whatsoever, whether at law or in equity, including, but not limited to, reasonable attorney's fees and court costs, arising out of, relating to, resulting from, or caused by the negligence or willful misconduct of the City, its officers, employees, agents, servants, subcontractors or representatives during the term of this Agreement. � SECTION 12. INSURANCE. The Manager will obtain and maintain insurance as set forth in the attached Schedule A (Appendix D) and will provide a certificate of insurance to the City at the execution of this Agreement and annually thereafter on April 25tn during the term of this Agreement. The Manager is financially responsible for the cost of this insurance . SECTION 13. GENERAL TERMS AND CONDITIONS. 13.1 This Agreement and the Appendices attached hereto embody the entire Agreement between the City and the Manager, and there are no other representation, promises, agreements, conditions or understandings, either oral or written, between the City and the Manager other than as set forth in this Agreement. 13.2 No subsequent alteration, amendment, change or modification to this Agreement will bind any party unless in writing and signed by the party to be charged, which writing must expressly refer to the fact that it is altering, amending, changing or modifying this Agreement. - 13.3 Any and all changes, modifications or amendments to this Agreement may only be made jointly by the City and the Manager, in writing and with the approval of the Mayor and City Council of the City of Dubuque. 13.4 By entering into this Agreement, none of the parties hereto intend to create, nor shall this Agreement be deemed or construed as creating, any partnership, joint venture, agency or other legal relationship between the City and/or the Manager, other than that of the City as owner, and the Manager as independent contractor. 13.5 This Agreement is not intended by any of the provisions hereof to make any person or entity not a party to this Agreement a third party beneficiary hereunder, and is not intended to benefit any such third party. 21 13.6 This Agreement shall be governed by the laws of the State of lowa. The City and the Manager expressly submit themselves to the jurisdiction of the Courts of the State of lowa. 13.7 The Manager may not transfer or assign this Agreement nor the rights, privileges or premises granted under this Agreement in whole or in part to any other person, firm or corporation, without the prior written consent of the City. 13.8 The City's representative for purposes of this Agreement is its City Manager and the Manager's representative is its President. 13.9 In any action on this Agreement at law or in equity, the prevailing party will be entitled to recover the reasonable costs of its successful case, including reasonable attorneys' fees and costs of appeal. 13.10 Neither the Manager nor anyone claiming by, through or under the Manager has the right to file or place any mechanic's lien or other lien or encumbrance of any kind or characters whatsoever upon the Facility or upon any improvement located thereon. 13.11 Under no circumstances will any party be liable to another party for any indirect, special or consequential damages including, but not limited to, any claim for loss of business. 13.12 Failure of the City or the Manager to insist on strict performance of any of the conditions, covenants, terms or provisions of this Agreement or to exercise any of their rights hereunder does not waive such rights, but each party has the right to enforce such rights and take such action as might be lawful or authorized hereunder, either in law or in equity. The receipt of any sum paid by one party to another after a breach of this Agreement does not constitute a waiver of such breach unless expressly set forth in writing. 13.13 If any term of this Agreement is found to be void or invalid, such invalidity will not. affect the remaining terms of this Agreement, which will continue in full forces and effect. 13.14 All appendices, riders and exhibits attached hereto form material parts of this Agreement. 13.15 This Agreement may be executed in duplicate counterparts, each of which will be deemed an original. 13.16 All notices and correspondence related to this Agreement must be sent to the following: To City: City of Dubuque, lowa Michael C. Van Milligen 22 °� C�ia;,� City Manager � 50 West 13t" Street C,�'° Dubuque, lowa 52001 With Copy to: Marie Ware �eisure Services Director 50 West 13t" Street Dubuque, lowa 52001 � �� To Manager: Platinum Hospitality Group, LLC ������ James P. Rix ���� President �`� �� ` �f � 500 Bell Street " Dubuque, lowa 52001 IN WITNESS HEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CITY OF DUBUQUE, IOWA PLATINUM HOSPITA�ITY GROUP, LLC � f Roy D. B , Mayor J es P. Rix, Presid nt, CEO Attest: �JJLc.d X..����Q�c"�.-� . , Trish L. Gleason , Assistant City Clerk 23 APPENDIX A (MAP AND LEGAL DESCRIPTION) Lot 1 Riverwalk 5t" Addition 24 � �� � f t .r - .- ` �, ,. �. .� x;�, � i e`�, . w. r x ;. ,� ��. ... '�.ri ' - ' ",„�, �=� : . .. , . `.. _ ,,.e. , ,-`,�..,µ"w: � k'� . , �. -' .� �� ., . �»._ .�a:. ._..:�� . �. , '��12 ��CI�I�� .w_ ;. . x; : � . �- � �= y - , � �'�-�": ; -' � � r � �� � . , � - .,.r, .�--�" - �-..�W.'�'�..s� ' �„ �' .. , _ „ " �.�'„�.�,;�%."�' .�' . --_.;. ���. r � , . c-n .;�� � �,� � w �,;., m .�.�- ,.. . , '���"arvr -'�,"`����� . -. � . „�. .p� , .� .,,. . �.. ' , � . . �..�.,., y_ . .,..,. .�„ .�:. '. . . . �. � .__ ,. .�. � � '. -': „ - M, � . ;� �::. � > . � „ _ �_ � . 3 r.-' _� . � �,.�;�s.:: ; = .�..�� ;r�. # �<, � � � �., t � �' } � �."���,r i �' �, �, � - � � � � �1 � : . x : r ._� � ��'' p' � � �=" � � ,� : .� � � .� , _ � � �- � � � � �� ' i 25 APPENDIX B OPERATING STANDARDS� 1. On a twenty-four(24) hour a day, three hundred sixty-five(365) day a year basis, provide sufficient staffing to carry out all the Manager's responsibilities and obligations under this Agreement including, without limitation, management, operations, housekeeping, maintenance, and administrative services; 2. Maintain the Facility in a secured fashion, including but not limited to, ensuring the Facility is locked when not in use, using an alarm system,when purchased and installed by the City, creating and maintaining restricted areas when necessary, cooperating with law enforcement authorities with investigation and emergency response relating to events occurring at the Facility, and cooperating with individuals, groups or entities using the Facility that request and pay for additional security; 3. Maintain all rooms, FF&E and fixed asset supplies in a clearly first class condition and repair or repiace such items, or cause to be made such repair or replacement, promptly so the Facility remains first class at all times; 4. Maintain inventories and replace inventories or make additions thereto so the Facility remains first ciass at all times; 5. Develop, establish and follow policies and procedures to achieve higher leveis of Sustainability Principles of Sustainable Dubuque. This program shall include, without limitation, the standard operating procedures for recycling, heating and cooling, electrical and water use, and, if practical, separating and setting out organic material , such as grass ciippings, landscape trimmings, and food waste for coilection and composting; 6. Develop, establish and follow a janitorial/housekeeping cleaning program so as to keep the Facility and its contents in a clean, sanitary and attractive condition. Such program includes, without limitation, the janitorial/housekeeping cleaning services set forth in this Agreement. This also includes a housekeeping supervisor that perForms a weekly inspection of the Facility with the Manager. The housekeeping supervisor will perform daily inspections of the Facility and supervise quarterly deep cleaning of the Facility and maintain cleaning supply inventories; 7. Restrooms will be cleaned and in working order one(1) hour prior to any event and additional services provided as needed during events; 8. Keep and maintain driveway access and parking areas in a clean, safe and first class condition; 9. Keep sidewalks and entrance ways clean; 10. Remove all snow and ice promptly from the driveways, parking areas and walking entrances to the Facility; 11. Empty all trash, rubbish and recycling containers located in the Facility at least once daily, or more frequently as necessary, and wash such containers in intervals sufficient to maintain the same in a clean, sanitary and attractive condition; 12. Properly, promptly and courteously process and endeavor to resolve all claims, problems and complaints arising from the use or maintenance of the Facility; 13. Inspect periodically and maintain and repair as needed to the floors and carpets of the Facility keeping them clean and evenly covered with the type of service material originally installed thereon or with such a substitute therefore, as shall be in all respects reasonably equal or comparable in quality, appearance and durability, subject to the Manager's performance of its obligations set forth in this Agreement; 14. Inspect, maintain, repair and clean all lights and lighting fixtures in this Facility; ' This list of operating standards is meant to serve as a guide to set up quality standard operating procedures. It is not meant to be an all-inclusive list. 26 15. Clean all giass inside and out, including windows in glass-enclosed areas at intervals sufficient to maintain the same in a clean and sightly condition; 16. Keep all mechanical systems and components in good operating order, operating during ail hours the Facility is open except as necessary for repairs. All mechanical systems should be inspected and maintained using manufacturers recommended schedules and instructions; 17. Lobbies will be kept clean and sightly and free of refuse, debris and graffiti. The saddles, doors, frames and inside surfaces of the lobbies will be cleaned as necessary; the floors will be washed and waxed as needed and carpet areas will be vacuumed daily and shampooed as necessary using manufacturer's recommendations; 18. Inspect all fire hoses, extinguisher and similar equipment and AED regularly and maintain them in good operating order and condition; 19. Keep all interior and exterior surfaces of the Facility clean and slightly and promptly remove aii graffiti, posters, stickers, etc.; 20. Repaint all peeling, marred or blistered paint; 21. Maintain trees, shrubs, groundcover and/or turf in a healthy, vigorous condition through proper watering, pruning, fertilization and care; 22. Maintain groundcover, perennial and annual flowers and grasses throughout Facility; 23. Perform routine maintenance and cleanup of the landscaped and open spaces including but not limited to litter and trash removai, cleanup of clippings, mulching and other maintenance tasks and weed abatement; 24. Analyze and resolve any plant problems that could be routinely anticipated and apply correct types and rates of appropriate chemicals; 25. Maintain automatic irrigation system; 26. Perform weed abatement to maintain weed free landscape areas throughout facility; 27. Provide litter pickup daily or more often as necessary; 28. Remove graffiti as soon as seen or reported; 29. Empty outdoor waste receptacles daily and perform routine maintenance as needed; 30. Perform regular mowing, seasonal fertilization, repair and renovation to maintain turf areas. Acceptable maintenance will yield turf that is consistently green in appearance that is predominately free of weeds and voids. Line trimming, edging, core aeration, turf renovation is expected; and 31. Obtain a permit from the Dubuque Health Department and ail other government agencies for all areas of the Facility subject to inspection by such departments and agencies and comply with all regulations. 27 APPENDIX C CALENDAR OF AGREEMENT REQUIREMENTS July 1, 2013 then on the first Monday followinq January 1 in years thereafter Annual Report and Presentation to City Council October 1 Rolling Five (5)Year Capital Improvement Plan Capital Equipment Replacement Plan Long Term Capital Improvement Plan to assist in forecasting November 1 Business Plan (including but not limited to) Annual Budget Marketing Plan Operations Plan Planned Operating Maintenance Activities Crowd Management and Traffic control Plan Sustainable Practices Report Pricing, Fees and Charges, Fee Policy and Procedures Menus Standard Rental Agreement Monthlv Income statement report itemized by category; Operating expense report itemized by category; Sales reports itemizing names of specific events held at Facility and event recap Itemized report of projected bookings for the next quarter by group name, amount of room space booked (if available), and dates. Monthly and Year� Within twenty(20) days after the end of each calendar month and within 45 days after the end of each fiscal year, a true and correct profit and loss statement certified by an officer of Platinum Hospitality of all revenue and operating expenses of the preceding calendar month and fiscal year. Although such statements are certified by an officer of Platinum Hospitality, the content of such statements only pertains to the Facility, and not any other locations or properties managed by Platinum Hospitality. 28 APPENDIX D Insurance Schedule A 1. Platinum Hospitality Group LLC shall furnish a signed Certificate of insurance(COI)to the City of Dubuque, lowa for the coverage required in Exhibit I prior to contract or lease commencement. All lessees of City property 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. 2. Ail policies of insurance required hereunder shall be with a carrier authorized to do business in lowa 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. 29 City of Dubuque Insurance Requirements for Tenants and Lessees of City Property or Vendors (Suppliers, Service Providers) Insurance Schedule A (continued) Exhibit I A) COMMERCIA�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 Governmentai 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, empioyees and volunteers. using ISO form CG 20 10. Ongoing operations. B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Coverage A Statutory—State of lowa Coverage B 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. 30 City of Dubuque Insurance Requirements for Tenants and Lessees of City Property or Vendors (Suppliers, Service Providers) J Preservation of Governmental Immunities Endorsement 1. Nonwaiver of Governmental Immunitv. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, lowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, lowa under Code of lowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coveraqe. 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 lowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of lowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunitv. The City of Dubuque, lowa 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 Coveraqe. 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, lowa 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, lowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. 31 APPENDIX E STANDARD OPERATING PROCEDURES 32 ���n� �i��r ���t+�r ��j������� Gr�ntF�#iwer�enter H+ou��t����aing/'J�nitc�real�t7P S�mm�ry . Tl�e�verall�Erj�ctiu�is to se�to the im�{er��ntak�ori of the Grand River Gcr�ter hQus�ke�ping�nd tsuiltFing�[�an€ng and tt�ensur,e its pt�ap�r Inc��#To�!ay creating a unified set a�star�dards and pt'otestar�s th�t tan tse carried o�far t��successful use bgi the Gi'�n�f�tiv�r Cenfer. 1. Gre�te and impleiil�rt�E tt��a�ii��statrdards��id�roc�dur�s fa�farar�d Ritr�r��nt�r #n Fn�i�d� ddily,ut��kly,�nd qt�at't���y cteaning,invent�ry af su�aplies f prc�per starage and use�f titaning suppEies, bathroam and p�blic area tf���tPrtg.pr��v�t�#and post�v�nt tl��nir�g anti deep cie�nEng. �#��td�rds ta be�Qmpteteti�nd ir�use by hrTarsh�r�0�. � Cre�t�and irnplern�nt cteaning standards i`�ie fallo�uing ar�e�x�erp�s fr�m the standards r�yuested�y FHG as pr�ivided by th�GRC-GM. �uffc��i�t Stafiin���vels to carry out Ho�sekeeping Dutie�, D�w�top est�blish�nd failt►w�janEtQrial�l�antng prc�gr�m st�a�to ke��the Facilities and it�cc�ntents ir� �clean sanitary and attractive cor�ditior�. t��aCnta(n tn+ventary Pram{itly tak�c�r�r�f�N gu�st c�itrepl�int� �t�n�a�rd ap�tating pco�e�tur�s fpr recycling- [mpty trash and recycJin��nce a dajr,m�ir�fr�yu�rt[ly as�teces�ry. lfidash tEte t�c�ptacic��aft�r�ach u�e ta rnaintain it in a cte�ril�rait��y aitra�t��ve cQttdition. Cl�an gl�ss,iiteiuding wir�dows in glass enclosed�r�as at interv�is SufFitient rt�aintaitt�cl�an and (sli�htty7�tc�n�`rtiar�. i,c�bk�ies st��ll t��k��5i�fean ar�d sli�htlY��j,and fr�e af refuse,debris'a�td gr�fffti, Th�saddles{�},doars�nd fe��t�s��d it��€�3e c��the surFaces of#he Ic�b6ies sh�i)#ie�lean a�n�eces�a�+; Th�flt��rs s17��1 kre uraslt�d anc�►��axed as needed, The��r�e#�reas t+�ru�ttt�c�cl�sily�nti shanlpaaer!as neeessary�asing rnanufa�tt�t°e r��c�a�men�iatiotis. Inspect ar�d peri�dically maintain and r�p�ir��ii��d�t�the�floerrs�n�c�rpets�f Fa�ility,ke�pEng#h�tn cle�r��nd evenly tav�r�c��n+iCl�fin��h f�rr appearance and durahility. fr�s�iect ar�d cC�an�II Ibgt�ts ar�d Ii�hting fixtures t�ee�sid��.ualks end entryv�y�tie�r� B. prv+�ed�r�s Se�Gr�nd Ftiver�nter Hausekeeping op�rations 33 S�Gr��d�t�ster��ter R�t�cy a�d Procadutes �, t��ily . _ 1�Slt�pcf�incsrs�1�t�t�d Watt p�r►eCs. , . . _. , C��ily� R�m�v���ack�rks�r�futty wlth m����e�as��,fipucl�up ser�tcl��s ��iiy; 1'�lipe d��with Mc�rphy c�il s�ap�?th the gr-ain dry�.ith�ttr�th s�the�aren't streaky�. Fabric 1�latis; [�ily; t�51i��d�wn�bric v�a1�5 with a�;�cic�th t��e�racsv�dirt. t�aily: ��ot��a�the f�br�c w�lls wrih r�sot�+�statn eernt��er, ��il[n��; bai�y: �h�tk ligi�t�ul�s f�r m�inY�nance issues. f��Ety: �i�ck f�r�f�ln�d���llri�tt(�s itiat i����pat�ite��r r�pl�c�f. �in�1�w5; rtA�n��c��ed/�r4otithly: Spr-ay ar��l�ip�t��wir►do�� �a��yt S��t C1e�� �rp�t�d�i��r�� �a��{: '�a��um C��pe� �t���}r: ����irt�r�y�ta[��for clea�(r��, '�ile Fft�ors: �ai��; t��p u�fith�netrtra9 e�eane� t}ai�y: ��ear��he�dge�t�rh�r�����r�t��S���t�� �iFircr�cr�: 1��d�it�n�c��eilin�s;��al1s�nd flaor��.�clur�s. t��ily: '��d�p�€��iw�a11�urFa�s c�f th��i�r��i�fr�,ess�cl�tty��#aln�#. , [�aiiy; t�ipe d�w�th�b�by ch��iging stt����n �va��r. f��i[y; ��r��r�����er pti�#� �. �nt��k�r St��nl�s 5t�e1: . 1d�ee��y: Wip�t�h st�int��s����i���r�r��iish�ritt��dry+��ath�r�It�ght��t�f��t�y�ril. �t�id pt��r�&�{�c�d�f�lf��t��l�: idJeekty. Use�tai�iles��.t��l ci�a��er potish with�dry�kith���Cight�at cs�bat�y�il t�h�ai�les�. ����Ic�nl�l��; �,�J��3c(y. L"��uurn��k��i�t+a�Ct�tt�r�rn�v��us� Cv��}r Tr�o�"V��ksJtv�or�thly; '���u���I(i�tg fE��;s�r�u�ti v�r������t��nd i�l�ke vent5. ���n��vvs: �s r��ed�dt�`+�anth�y: Sp�y and��+i�the������+�� IPl�ei�i^y: C►+a5t�fi tti�'�vinc�c�vd I��e� E���(t�s: 1N��kly: Wf�e t�+in d�wn�n�ith Mur�ahy`��il sr��pe 34 V��+�F;ty: ��+Yi�v�ar��y��r��rr fa��ei�a r�bj�is stuck to��a�bQt#oit►. 11�+��kt�+: Wip�d�v�n b�ackets. Cai�pet�d�[oesrs: W��klyt V��surr��1c�r�it��wall u�1t#�a�r�vic�t�c�# �atfi�room: Weekly: �emove��l tissue�nd uacuurn o�v�l�e c►ut�����tacles. 4M��kly: 11�+!!(p�d�vu't�dt�tft+�4t+�41� . ,. . , , Sf�in9��s St��l: W��k�y: tt,�l�d�v�rn t�a�St�el ki�;��tes v�iNi s#ain��ss st��l�ea�►er�r�li�h#�aat��babjr rr3�, �I�v�fo�: We�kEy: �:learr�h�tra�s�n��a�ins�cie�ti�e el�vator an��an a1l flcicsrs wi��#�ri�tled bru�h. �. [�nthtY/���r#�rly�-t��r�(r�� Hi�h f�ts�tin�: M�rrtt�ly; Hi�h 1���t(n���lting,����II�rn�rs�f th�vusllf �Vlor�ihfy: Nigh dus-�al[i�tture��rit t�snt�lt(�ta�l�tatir�n�,��an�ti�hts..,} tvlt��iil�ly: �+i�d�vsrri[Eght#'nttu��s. C7�i t��it u��d�rr��rag�n���f b�lb(I C�ili��s, �Jl�t�thf}�/�ku�rt�rly: I°�igh Dust ctarn�rs,LighY f�stu�es�i�d wi�,i�►the��4l�ttt�. Nl�t�tht�r: Ni�l��ust a1��xture�+�ft l�����ii��i�eludl�r�li�ht�� �v�ry Tw��W��I�s/�vianthly; V�c�um�ifir�til�s a�t�t�t��i�r�r��s,v�nts and intake u�n�, t�lantiily: �ipe dc�wn C�ht fixt�res. �w�€�#a�s����rr►�t���n�Easrt bulbiC tt���do�rs; t+1t��tEr1�; �1i�fit dust tt►��t���+t tta��sndo�rs As need�edf r�onthly: S�r�y�nd Wip�th�wtnd�tr�� ` �t�v�t�� �N��ty: Gl�a�i the�r�tks on#h�insi��t�f��n���va�€�r�€�d an all�pp�uiith a 6ri�tl��i�ri;+shr �Aonth�y: �i��n�b�ru��h��;�h#� F� tmrenttaey�#��p�ties. �u[�pi��v�il!���mrenforieci on�eeelclly ba��s,��td�i'�le►����ne���t�t#�rt�ugh Y�el�er�"a�er C+�, Am�ri�an�t�t�!a��(miMar j�nit�r�a1�am�ri[��tt�r`��in��it�p�r 1�ar�is. _ �t��i�Gt���cu�ren��tak�car����t�d��r��. Ch�f or���s chem�rais�t��E��gs. ���i�r c+�iN�d, ��v��i�i F�=id�y. H�u�k��p��g��perv�isor�ill�re�p��i�ibl�t`�t�cr��ting�urc�ias�t��d�rs f�r�M"s�ppr���l. SUPP�[€S; _ �1ta�il���ag� � K �p��7'c�wels = TtsiE�t'fl�sue , - �r�f�ren��7 � �'c�fC�t����i�n�rs - '��i��ns � tdap�t�in� - '�1ax�l��3 � ��by t�ar��3ng patt� 35 - 8�ti�rf�5�Nlaintenahee) R �18�7r���B��s - 3:�"Tras���gs - �C�S�1��t}�IPt�(5 � �Ic���s �t��: . , - fdi�h��st�f � Wanda�*r Sqi►�ge� n �U�t}I Keiif� . �ristfed�rus�es ic�r el�vatar traeks/ven� = Toath�rush� �. Pr��r st�r�g�a�cl�a�il�g sup�li��. = S��R{�1i��wi(I b�k�pt 1��i��F�rs��1id f��om. _ �las�ts a�ill���tc�k�d from th��ir��iid f���itri. ry �hem�cats n�ed t��e k�pt vut af ih�te��f cttildren. � G�os�t�shc�ul�E�e t�sc���i. H. F�resper use af cl��nin�suppli�, 0l��ch�s��1�us�tt�the s�ap��vis��. �k ��#irc�rn�ant�g: �egin high�nd w�rk�a1. �ta:�����i�sx��a�nd w�rk��ur 4�ray�r�u��tl���re�, 1, Hi�h dust�t�g�tirvuttdd��t[€n���#u��s t�►��h�c��ll��i�ht�, 2.+�e�r�ttl�t�1�rc�r�a�id I�d��s,5inks c��nt�rtQpr�rn�i�t tF����aunt�ri�p. �< Refi�E al�di�p�ns�rs �. �pr�y�nd i���j��titia�� �. �le�r�uri�l�ar�si tc�1l��i �. �e�l��p dis�a�n�cr�w �, Er�pCy#r�ax k���s and tra�h Ccsn#air�rs. �. �w�p�nd rriv��re f1��ir���cC��ly und�f�u�t�r�,�eh��,d t�i�dc��rs. !. Fubtic ar�a d�anin� f���i��'r�a���ner���a��*�p�hraugh the area,pi�kin�up�vhat�v��pcs�tbl��s y�u a�s�ss ih��r�a. ���n t�i�h��d�ro��rdu, St�rt��ane��de a���nrk y�ur�a�y�r�ur�d th��r�a. �., �i�#��u5�an8, �. �1��r�wl�lo+r,�s an�ledg�s, �, �u�t taw��°su�c��, 36 �4,V�cu�m�l�esa . S.�tacuum ca�s. ' �. 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M�r�se#��f�y�s tti� b�`ter, IVI. ��E�'Ct�AN�h�(�. l7���'�L�A�IIN��'��.iC!'1AfiI�FR��DUitE�NIAIN��NANGE. 4 f�t�i�iten�nc�3�r�s}�n�ib�e f�ai1�e�:pf�+e�dures wE��re th�Il�i i�re�quir�i. 4 `��nts/C�i�ln�f�ht�: - h��int3n�nt��slsts w9th tleep r�e��in�as n�iled v+t���ti�e C,fi[is set t�p��r t�1b d F�ii�ir�g; 37 ti�nd�- m It�id�v�indor����€e ti�i��6r��t�t�ti���si�with�n€�tsict�v�ndor9 - I�aGnt�a�t�cl�ans th�ovtside winci�rws, B�ihrr��m Fixiu��s; H�ussk�epua� i�r�s��til�{�:it�r r�po:t�ng p�r�a�fk+��der a�ny�u�ta r�saint�nanc� , �eg�r�i��ig 4v�ar�r��l�ar t�n LM�Fiatur�or ta�kt�P�lae�m�nt n�c� ���P CL�ANIN��ANQ�IEfi MAh1AGER5: 4 �c3��du�monthiy cic�no�t�#1c��ir�s�#i��hE�h u��w�����nd _ �ch�d��a++���kfy t#c�p ct�an rrf ih�r�ff�e staiica�t u I�t��iest ea�'p�t��nir��as n��d�1. b��P'�ICA�IN�HC��I�GKE�PiNG F(�EQL�EN��ES liigh�u�ing: f�aniF�ly: High[�ustir�g�Ili��/vr�ll G��`n�r�of the wall, ���nthly; High dust ail�cture�on the�Il(�ul[st�tFo��,�c n�[ights..,) lv#�ntttly: i�+ip��it�wn Ilght fxtur�� C:�a��ti us��d�r����ar��h�t kiu�t�!I �t��ni����t��i; �Y�e�y. 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If t��y need to�ic.��p��l,fli�k���kles of�'VATE��n#h�scs�ea �rit���.t D�itire�"�ttcr rtaaut d��v�in#cr fi-�nt�f the.�n.it, Ca�'�TLY vvip�ivatll iE�e spe�i�l,ci�th prc�vided, i�ip� t���n trap tt�l�+tf�n,lef�t�ri�ht,�tsns�la�ck t��t�c�k�`��s�����, ������t��tl��.�t�(�R� SIC3I�IA�i�: �le�n c��tlie t��+��t����ictttr��,rniitc��,li�ht fx��si�nd si�na�c �it�a�i�h ctust��. Spfa��s�iall auia�ua�of G�ASS�L��AN�It d°u��t��in a cl��cic�tiz�r dire�tly€�� �he mia�or�a�ringlyt!�Ti�t�c�t iet#��ta���ean�r run tc�t�i�cdges taf t��i�.irrt�r.} �lea�t frarn 1�#�to ri�� tc�p tca�iii�m. �'i�xnd f�l�to da�bl�c1�c��or��[s�zl�tr�alcs, C7s�s:�c���n��°ipit�g�i���-n si����e, 'S�irsyll�tteis vot�a��#�'e�y and���i11 ru�u th��i�t, ���t�t���S: ��z�i��-��qui�is r��`��s cl�ari�r�ir�c#��c�n������t�dati�. �V`i�c tc�p t��ti��n,l�#�tc�rig�lt, Ii�e sure tt�e�ll,����c1��nn aac�i dr��. - � x.�. �l�t=���i���i�d da�r�in�id��nt�t�u���che�bt�pictur�ar�dtt5���1; �N�l�.�.'4�fr�:�'; ��i��i�c�r�ilt�li�f�i�ctur�s,�:+ti�li�h�,��lii��ts,v��ta�,1�a11,and tttnnct�s��. -l��t'�I�; Spra��'��ig�do�`n the daor�ud pQlis�a if dry�ri�si���:f�. C�reful�y cle���'an�y h�ac� a�ar�.s��th�sa c r.r�rs. 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Cl�eck��lis#'�r s��e��lly srcrund thc toile#. tJFItih�ALS: �Tush i���t�riu��. i7�zng�1c��r�s,��€t���al s�r�in t�e ne�-t urin�. �s�the���fl�rush�d ale.aii c�u�t�e drr�in in tlte ur�.��al, Spr��F��tire urin�l����i€�cludin�sides and und�rnc�th. ��'ipe compl�tel�r. Spra�d�����e��all�rroumi��urin�;l aad t��ipe d�y. �hinc th��hrarrie. ���alae�str��ns ev�ry �w�ks or n��r�n�n ss n�:�sssary, uTI�;�I�_{``A�€: ���1�11 t?ii#,I�ave��liners�z��t�b�tiom o�`��cv�tain�r,#ie a sn�all�Z'►��%n thy tc�p c�F th� bag sn t��lin�sia}js snu�. Iv�ake�s�e�il i�ic sir i��+�t o�t��Iiu�r so t�i���can h��ll�ci tg c����i#y �r°ill��ut�h�linex fa.fli�g in�e�-�ui. �fi"_L�?��: I�ate�t+���l�a�t�����`taz�cic�hs. ��ray tfi�fl��w�th�pi�+����i ctean��.S#�ril i�tli� t�a�k c�����t°��i�in�dt�r��#��bafi�I�c>uz���za�t�hi�d t��tcile�a�t�i t�uder t�e��nk.. 'U���rr�c��+��z#��re�t af t��f��iar u���.ar�t���t�hind�����c►a. k�N�P��'I'I.i�'�'�r'Y�� _ �'�t��� �e�`c�r����g i�e a�,c3c��r���lk t���u�hh fv���b�e cl��cic f�r��t}�ing �isse�l,���i�lly�������t���t������t►��,��������lt�,w�it���3v�lr��r�rs,���in�t��dQ�r�Qu t�i��t�11 r��v'��l��tl���i�'.ic,t��ti�r,��ca������1��un�tlt����i��, �t t�asay s��m silly,but yc�ti t�ttty l�� �u��ra5�t�y��fhat�=au rsz�y h��t��v�l�kcc�, ��rs��t���i�����`r��:n��i�th�ir������u�iiri�r� ���m�1�i��ti��i�al c��etu�z��. ���rt t�t3a���t�a�r������z�y�. 1���v�tt�����h��k th�r�:�tt�c��n���(+��� ���n�, ��►mpl�t������d'►tir���l�l��ru����i�si���l���u� Lt3��;�����I�. ,Tttr�in a�y�`c�tin�c�it�tns to tta��sf���. lteiill C�tsf#ic.�.�p�}r cic�nin�rag�off}��ur car�. �;rra�ity iE�c �i€�sl����i Iiz�er. Ke�p yc�ur��nc�i ai►ci cl��i�I�t���t��ina f�`t1����sts. 49 �St�f�'is alxvti��cd tc►b�€���rx�trc�m tliere assigne����rk a�ea fo��{l mizgut�s for Itnich `�tru�br�a�irt�I��d�s the time s��nt sr�iai�sng,usit�g the rest rt►om.,ea#in�,�ho�e�at1s,ctG. `i'h�brcx�k rciom 3s equipp�d witt�� aefrig�r�t�r,ITSI�,`TO�VFI<<��Stl$GId EIfl[��O�I I"9tc�G�7t[f�. P�ease h��r�nsic��:tate of othees and�let�nn t�p��� y'ours�lF -You need penxi�ssian trc�rn yc�ur sctpervisor tc�leare�he buiidiz�g for lunch. X+au m.u.st svvi�e i�ut+�f�en y�=ou leavC AIIt��33C�C ln 1i'h�n}rc�u r�turn. -�'�'E��n��s�u$rc#"�ished�,vith brea�,t�e an}•�u��rlir,�yc,u need w fictish the day,then�e�c�back to,rour �re�.s ic�eleat�, �`�1I�H1NG TH�I)AX: - �lasets: Brin�cio��vrt�ny Stenis i�thc c1+�s�t th�t dan't b�ioii�. N�at�y st�ack the�arts with;�ty n�ed�d su�p��s. - �'#icmicsi�: Bring ya�r�ic�t#i�s tc+#h��i�uselcze�in�ctc�s�t b�the loc;tcer rQc��z��nd r�f.i�#li�n�.R�fux�a ihem fc�#E�c�t�. tJs�oi�ly#8s�c�zz��ct�rc�duct�n ihc corre�ciIy IaY,eIed 6vitI�� - Tr�sh; G��a�}•�ur#�c?pr�t���iriu�ing d�t���ny�tn�iaing���(��ut in e1i�cca.nip�ctar}. -Take your��ka ta t�i��vrnpactc_rr,imn3��ii�t�l}�aft�r r�r�Yovin�if frorn yc�ur cart. �f yc�ur�sg l��:s,jrati n��ti to i�ap th� ��ltw�ay a11 th��v�y tu ihe dutazpst�r. Let tlis s�peasvisar t�nc���r if�i�-c:are�ny issues 4r7th the d�pster. - Itags:I2�#.y�rr�t�s tteed to be tak�n#��h�C;rand Har�ar st the end of the sl�f#,�nd clean�i�3e�br�nght back for the next day. �ap cap�r�the pls�tiG t�ag�tid diur�p#�ie�n iiYta i�ae n�ctal ir�h e�n in�ie I�tzudey rac�m 3���u�d th��c��.���sher ne�:tt ic�the 4 pails of I�u�tdr�cJae�z�i�ats. �raw the ba�i1t th�frs�s�can�t the fra�t c�f��fizst��=a�h�r ne�#a the c��u��h�a�iical�. 1'iek up cl��ri�ags i�#h�faldin��c�a near th�c�aar on�i�c 1��in�t t���tit�eI�rth bin. - Us�[he eart tc�Erat��crr��uppli�s n��ed.fcir the cldset R�#urc�#�ie Hoas�keepin�cart ta the corc�ct clasef azrd suppty f�e s��lf, l�fa�e su��nti ih�lights�vi���ti���cl��ci dc�c�r is�cured. If�y c��rt vr olas�t is sharG supplies,n��e stir�y�u l�a�e fhe list Qn th��]�y ersse:�►��rd ui t��e First Aid Ro�in fax ih�person warking�te ne.�t shii� - I�a�e surc a!t l��t and foun��vas F�roEi�t-it tt�t1��c�t�'i�e,L�ae�ed,tz��e�l��,�i#h d�.t�and la�atian it��a�as y ft�un�i. - HsF��yaiar keys�n f}��a�gropriat�e t4catiou in the Fi�t,t�.id�t,r�rri�. If yos�ac�id�z�tatly t�kc:it harn�,rt tni�st��e retun�er�iz��zncc�iatel�. Fut y�cu�a�e��c4ark in Ch�cat�pie#ett b�t�x. �an���ic c:ti��o��3 in#he �p�rcapriate s�ot c��tlie«�II. - �`!sk tli�:Super4Fi�c�r ar M�n��er�n Duty if th�i�is�ti}��#hiz���lse tix�t needs te�E�e dota�. - ����ipe c�uti! 50 ��'I���'�`: Tfi�s}�st�r�X��rf st�ckin�certs and�1���tx��c�a�n�i f���mm i�ava��`��ic, ���ry���n�e�s t�i�ll+�vrr tti�u�la+sitit tlr� ���scedur�s, ��ith�v��`y;�jz�fol���tn�d���r �u'�,alze day�1��s�a� �aa�i�witi Ea�cn�sr�p�idu�Civ�1 i���'c�}���a�k t�Ic�v�t`+�r th+��ay,�il y��ir r�p�ussi�ii�r�m��c i�n�ar�c�� i�d�tic��rc nt�t c�mp)ccc,rk is yc�ur ecs�acan�li�i}!ty t�e�t�sunica�wit�y�ur s�a�aci�+�Iscu�tc�wl�y t����t c��t�t�cl.lk'hc�a p�rm�ssit��is.�ntod tn�eav�, �wiNe raut�1 Q�t tirr��c1o�k, An}�Q��ir;�ime n�c�z i�r 3�����t�}b}}�r�u�rw��r. -���ndca��nd tk��Et'i l�bv����r�i�•�6a���a��l����}���ics 1$m s,�jc�t t�tllsci�9T�r�ry�t[��tor attendanc��ccat�sa it [s cosistcle�ic�vin�cariy. =If�rr�ab9euis eris��rom�;�rk no#b�ing��mgtczu#asias�[h�e�dur�a�l stanncl�cl,�srciiten w�ritinggs can r�cuit, =C 17sv��ti���d���s}�€�f th�Hrus��i�g H��b�k d�..�d�3:�13�3. �h�����d�ci u�d�rst�sd the assi�sted d�tias, This Isaitdl�oak is sul.ij�#ta iipdatin��s p��r�ures�e���rt. _ _ I�'ame _, �� Koaseke�epic�g�upCrti�i�' - � _ ���'����, '�h��}��t��ai'sto�ing c�i��nd�ltr�a��i�c�F It�a c��c�1'�fIvr��r���, �v�eryc,�c za�cds ta fo12�i�v ttha�t�i vricE�t#�� proc,cdures, 1�'itl��t�e�}rune i`�Ilc�sv�iu�t���rs�s�Iur�s.th�d�v 5��1��ottsec�nd w��i11 k�e�r��r�ctt��t'tvc� ���c�r���t��.<k#�9c���a f�r th�ti�y,�11 y�ur�g��ilic��sr�t b�t�cc��tc�f tfc�uei���+e n�t�mpt�tt�,#t i�y+�ue respt�t�st6tlity#s�cc�uuntatticstr-�°ish y+�ut�u�ccvvi��r����'hy�y���rc t�co�pl����i,Wf����nission is granted tti LQ[�v'�; s�'i�►�t�ut�l t�ie tijn��i�ck. Mv or�€t���s�to��-�p���tr���:su su��. µ2 tuit��r�i�d thht if i l��v�nFc�rk�v�t�ut t��gt�3�n�t�}-�Cat��1�rat��6J��i t��L�apt�zitX a�Iio�3 fc�t�itc�tt9��t�a$�utt�.��t i���nsit[�c�d��Yit���iy. ,�,��,s.,.,-X�'�rCa4�l�ns�ris�f��m t�}t�s�t 1id���in���t�i�lc�s*d�sia��[�5��p.�a��aa�a���.-t�cf�r���a'r[tteti tvarnttt���j�E'd�u11� � .,,�,,�11��w��r��Cr��sd����sy c��'thc i����k��¥�,���iindi��a���6�1t�1tt�. �tr���r����ct�,cz���#and tfii����i�n�cl�i►ti�s. �`hhi�1aan�4�i��Ls�ubjc��z���d���n���rr�+e�sta:���r��lu����. __ _ . .. .. _ __. - -- -- _ N�t�i� �t� --- _._ �o�r��lc��pin�5�.��t�ot IS��t� 51 4�t�1�1V� �� tl �� ������ �������� _ _ EZOGiY1S:I7AILY��t�tef CaCh eYetYf); l3f#iC@t5 Weekly Cl�ar Equipm�nt _ _ Giear�'�bies and l(r+en Clear T�esh Take dawn Ta61es Va�uum the Roatn C�rp�ied Rooms: t{eport any stains for d�aning. Floars: C1ean th+�edges where tile meets tarpet Tfte Floors: Mop vri#h a�eutral cleaner Wipa down fabric walls with�d�mp cioth to remove�twr#� Spt�t ti�an the fal�ric walis wnrith resolve stain remav��. _ _ Y�trod C►oors&P�rl�is Remove biack marks carefuliy wtth m�gic er�ser _ _ - �u�aci Daors&Pancis touch up scratches W�ori C�oors&�anels�vipe dn��rs witl�Murphy oil suap�arith the grain dry with a cloth sa they aren't streaky. Ch�ck light butbs for maintenanc�issues. Ghe�k for s#ained ceiling til�s that need painted�r replaced. . S�aot Cl�an Windows Check 1J2nt�to see ff they w'rtl need#o be clean�d _ _. AL�8athroom5: DAlCY _. Check th�t�ents.H�gt�dustv�nt�and light fixtur�s __ _ - __ _ ._ __ _ Cl�an the mirrors _ _ _ _ Wipe dt�u��n the ccrunters, Ntipe dovtin th�6abY ct���gir��station Wip�tidwn St�i�I�sS st2�i __ .. _ _ _ __ . _ . Wipe down all_surf�tes iif th�p�rcelain,�spec�alty behtnd. Us�a tiow!brusN. _ _ _ _ Wipe down W�lt t�ehind th€fixEures _._.. . .. . . _. . 5pot ci�an the p�rtitior►5,wipe down the n�pk�n dispasals and chang�r�ut the wax bags. - - Refi[[th�d�spensers and Empry the trash,�hangang the liners} Mc�p the�loc�r,usin�Wet F(ac��Signs, 1NfEKLY iN ALl,AREAS. . Windotitrs: Spray anct Ullipe the�rindows,dust the led�es V�nts; Ch�tk V�r�ts tcr s��if fhey��ed vacuumiing,or if cei(�r�g tiles aeound vents n�ed vacuumin�. Sta(ttelex5 Ste�l: Wipe with a tighf coat af b2by oii��td polish.(doors,elevatars,founiains,bathrooms...� - Fabric Walls: Vacuum fabrie wails to remove dust. �enches: Wi�e th�rn dotvn�vith Murph}�s oil spap. Benches: Remove any gurn or Foreign objects�#ueit t�th�E�otto�n.Wip�dawn brackets. Vacuuc�along a�l wa11s with a crevice taol Sathrc�ctms: Ctemove al!tissue�nd vacuum or vripe out r�c�ptaclas. Sathra�oms: Wipe dawn�il the�aa1ls and partitions,�inges . Ei�vator; Clean tEre iracks on the fnside of the�levator and on al!fioors with a bristted brust�. �ON1'Hl.Y IN ALL AREAS: Vents: Vacuum ceiiir�g tiles arounci vent�, vents and int�k�ven#s. Ceif6ngs: H�gh Dust carners,l.i�ht�xtures and wires,in tt�+�can Clghts. 52 Ceilings: Wipe down Ifght fi3ctures. pa not use a d�rr►p�'ag on a hr�t butb!! Ceiling: Replace Ceiling#iles as n�eeded iNails: High�usting CeilingJ wall Corners of the wall,Tops c�f the windr�ws Walis: Nigh�ust all ttxtures on the wail(p�ll stations,scance€ights._} EI�vator. Ciean a�ove the lights in the etevator 53 THE CTTY OF Dubuque � U� � ;ericaC'; ' ', Masterpiece on the Mississippi 2012 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Grand River Center Management Agreement with Platinum Hospitality Group, L�C DATE: May 16, 2013 On June 4, 2001, the City entered into an agreement for private management of the Grand River Center with Platinum Hospitality Group, LLC. The agreement was for a ten- year period commencing six months prior to the date of the opening of the facility. The Grand River Center opened October 25, 2003. The Agreement.date ends April 25, 2013. The City Council extended the current agreement to May 25, 2013 as negotiations for a new agreement continued. Leisure Services Manager Marie Ware is recommending the City enter into a new agreement with Platinum Hospitality Group, LLC for continued management of the Grand River Center. The years of management by Platinum have been successful in many ways. The Grand River Center last year was host to 154,635 persons attending 296 days of events in a one-year period. The agreement is a new agreement that is fully a management agreement. The first ten- year agreement contained many financial arrangements that were relative to the building of the Center. Those have all been replaced by more in-depth management- related items. This new agreement adds reporting requirements, operating standards, facility maintenance and operation details, accommodation standards, inspections, and a renewal clause. The City's responsibility per the agreement will be 50% of the actual hotel/motel tax payment on May 1, 2014, as in the prior agreement, and 25% of the actual ho�el/motel tax payment on May 1, 2015, 25% of the actual hotel/motel tax on May 1, 2016, and 25% of the actual hotel/motel tax on each subsequent May 1 during the term of any extensions of the agreement thereafter. The City will continue to provide for capital improvements and capital equipment. The City will continue to pay 50% of the gas and electric, plus property, casualty and liability insurance related to the facility. The City will continue to be responsible for exterior improvements to the Center itself. The term of the agreement is three years with opportunity for two additional three-year terms. I concur with the recommendation and respectfully request Mayor and City Council approvaL �J��""`'''� �W�t Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Marie L. Ware, Leisure Services Manager 2 Coversheet http://publicagenda.cityofdubuque.org/Bluesheet.aspx?ItemID=21... Dub�que T'HE CT'TY OF l.J � � 1 l-If�ri�a C'; Masterpiece ofa the Mississi�ai � 2012 TO: Michaei C.Van Miiligen,City Manager FROM: Marie L.Ware,Leisure Services Manager DATE: May 15,2013 SUBJECT: Grand River Center Management Agreemeni with Platinum Hospitality Group,lLC INTRODUCTION The purpose of this memo is to recommend that the City Councii approve the Grand River Center Management Agreement with Platinum Hospitaiity Group,L�C. DISCUSSION On June 4,2001,the City entered into an agreement for private ma�agement of the Grand River Center with Piatinum Hospitality Group,LLC. The agreement was for a ten-year period commencing six months prior to the date of the opening of the facility. The Grand River Center opened October 25,2003. That means the Agreement date ends Aprii 25,2013. The City Council extended the current agreement to May 25,2013 as negotiations for a new agreement continued. The years of management by Platinum have been successful in many ways. The Grand River Center last year was host to 154,635 persons attending 296 days of events in a one-year period. The agreement is a new agreement that is fully a management agreement. The first ten-year agreement contained many financial arrangements that were relative to the building of the Center. Those have aii been replaced by more in-depth management-related items. This new agreemeni adds reporting requirements,operating standards,facility maintenance and operation details,accommodation standards, inspections,and a renewal clause. The Citys responsibility per the agreement will be 50%of the actuai hoteUmotel tax payment on May 1,2014 as we have in the prior agreement,and 25%of the acival hotei/motei tax payment on May 1,2015,25%of the actual hotel/motel tax on May 1,2016,and 25°/a of ihe actual hotel/motel tax on each subsequeni May 1 during the term of any extensions of the agreement thereafter. The City will continue to provide for capital improvemenis and capitai equipment. The City will continue to pay 50%of the gas and electric,plus property,casuaity and liability insurance related to the facility. The City will continue to be responsible for exterior improvements to the Center itself. The term of the agreement is three years with opportunity for two additional three-year terms. RECOMMENDATION I respectfuily requesi ihe City Council extend the relationship with Platinum Hospitaiity Group,LLC in the Facility Management Agreement and adopt the Resolution. Prepared by: M�W:et cc: Jim Rix,President,Platinum Hospitality Group Mitzi Yordy,General Manager,Grand River Center 1 of 1 5/17/2013 12:50 PM AMENDMENT TO FACILITY MANAGEMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND PLATINUM HOSPITALITY GROUP, LLC This AMENDMENT TO THE FACILITY MANAGEMENT AGREEMENT is dated for reference purposes the�day of �e�i 2016. ����� Whereas, the City of Dubuque (City) and Platinum Hospitality Group, LLC (Manager) are parties to a Facility Management Agreement (Agreement) dated for reference purposes the 20t" day of May, 2013; and Whereas, the parties now desire to amend the Agreement as set forth herein: 1. Section 4.1 is amended to read as follows: On May 1, 2017 and annually on May 1 St including and until May 1, 2019, and if the Agreement is extended beyond 2019, then on each subsequent May 1 during the term of any extensions of this Agreement, the City shall contribute to the Manager an amount (the "Hotel/Motel Amount") equal to twenty-five (25%) of the actual Hotel/Motel tax generated by the Hotel (adjacent to the Facility) in the previous twelve (12) month period. Payments owed hereunder shall be pro-rated for any partial years under this Agreement. 2. Section 9 is amended to read as follows: TERM. The term of this Agreement commences May 26, 2016 and runs for three (3) years, ending on May 25, 2019 unless earlier terminated as set forth herein. The Agreement can be extended for one (1) additional three (3) year term if agreeable to both parties at least �ix (6) months prior to the expiration of the Agreement; or any extensions thereof, and Section 4.1 will be so amended if the options are exercised. 3. Section 10.1 is amended to read as follows: Termination Without Cause. After May 25, 2018, this Agreement may be terminated by either party hereto, without cause, upon six (6) months written notice to the other party. 4. Section 13 is amended to read as follows: 032216maq 13.17 The Leisure Services Director and the Manager's President and CEO will meet quarterly to discuss the conditions and operations at the Facility. In addition to these quarterly meetings, the Leisure Services Director's designee and the Manager's President and CEO's designee will meet at least bi-monthly and more if requested to discuss the conditions and operations at the Facility. 5. This amendment is subject to the approval of the City Council of the City of Dubuque, lowa. CITY OF DUBUQUE, IOWA PLATINUM HOSPITALITY GROUP, LLC � By: ay: Roy D. uol, Mayor a es P. Rix� anager .� By: Kevi - . Firnstah , Ci Clerk Date: �' Date: �3�,�a/.< 2 Preparer: Maureen A.Quann, Esq. Suite 330,Harbor View Place,300 Main Street,Dubuque,IA 52001 (563)589-4381 RESOLUTION NO. 107-16 APPROVAL OF AN AMENDMENT TO THE FACILITY MANAGEMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND PLATINUM HOSPITALITY GROUP, LLC Whereas, Platinum Hospitality Group, LLC (Manager) and the City of Dubuque, lowa (City) entered into a Facility Management Agreement (the Agreement) dated the 20th day of May, 2013 for the purpose of Manager perForming the management services for the Grand River Center(Facility) described in that Agreement;and Whereas, Section 9 of the Agreement states "The term of this Agreement commences May 26, 2013 and runs for three (3) years, ending on May 25, 2016...";and Whereas, Section 4,1 of the Agreement addresses the Hotel Motel Tax payments to be made over the terms of the Agreement, including any renewals;and Whereas, Section 10.1 of the Agreement states "After May 25, 2015 this Agreement may be terminated by either party hereto, without cause, upon six (6) months written notice to the other party"; and Whereas, although the deadline for renewal has passed, the parties wish to renew the Agreement for an additional three (3) year period;and Whereas, the parties wish to meet on a regular and frequent basis throughoutthe renewal period; and Whereas, City and Manager now desire to amend the Facility Management Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY . OF DUBUQUE, IOWA: Section 1. That the Amendment attached hereto is hereby approved on behalf of the City of Dubuque. Section 2. That the Mayor is hereby authorized to execute the Amendment on behalf of the City of Dubuque. Passed, approved and adopted this 4th day of April, 2016. � � r /�Roy D. Buol, I�ayor U Attest: ,- . ���'�.��i�'�.�� Kevin S� irnstahl,tl�.i-�k�'`�Clerk CERTIFICATE of tFie CITY CLERK STATE OF IOWA ) � � ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, lowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 107-16 is a true and correct copy of the originaL In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, lowa. Dated at Dubuque, lowa, on this 5th day of April, 2016. � _o ..._.... __ __. Kevi . irnsta ` C, City Clerk (SEAL)