Loading...
Signed Contract_American Cruise Lines Docking AgreementCity of Dubuque City Council Meeting ITEM TITLE SUMMARY: SUGGESTED DISPOSITION: ATTACHMENTS: Description Copyrighted August 2, 2021 Consent Items # 14. Signed Contract(s) 2021 Docking Agreement with American Cruise Lines; Facility Use Agreement with Boys' and Girls' Club of Greater Dubuque; Amendment No. 1 to Professional Services Agreement with Origin Design Co. for the South Port Flood Control Levee Repair Project; Fifth Amendment to Facility Management Agreement with Platinum Hospitality Group, LLC. Suggested Disposition: Receive and File American Cruise Lines Docking Agreement Boys and Girls Club Facility Use Agreement Origin Design Co. Amendment No. 1 Platinum Hospitality Group, LLC Fifth Amendment Type Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation CITY OF DUBUQUE, IOWA 2021 DOCKING AGREEMENT OWNER CUSTOMER NAME City of Dubuque NAME American Cruise Lines ADDRESS 50 W. 1311 Street ADDRESS 741 Boston Post Road CITY, ST, ZIP Dubuque, Iowa 52001 Suite 200 CONTACT Dan Kroger CITY, ST, ZIP Guilford, CT 06437 TELEPHONE (563) 589-4310 CONTACT Frank Klipsch FACSIMILE (563) 589-4391 TELEPHONE (203) 453-6800 ext. 232 E-MAIL dkrogeraacitvofdubugue.org FACSIMILE (202)453-0417 E-MAIL : frank.klipsch(aamericancruiselines.com FACILITY RATES/CHARGES Port of Dubuque —American Trust River's Edge No cash charge. The parties hereto agree that sole Plaza consideration shall be the economic benefit to the community surrounding the Facility derived from the passengers' visit to such community. DESCRIPTION/PURPOSE OF ACCESS/USE The Facility will be utilized to embark and disembark passengers, to receive supplies and fuel aboard the boat, to off-load trash for proper shore side disposal, to perform maintenance work of a minor nature, and other such activities that are consistent with the operation of an up -scale overnight excursion vessel. 1. Basic Agreement: In consideration of the Rates/Charges referenced in the relevant box above, Owner hereby grants to Customer access to and the use of the Facility defined above, for the purposes described above. The grant of access herein is on a first -come first served basis and does not constitute a guarantee that the Facility will be available to the Customer at any particular time. Customer is encouraged to coordinate its use of the Facility with other users. Owner acknowledges Customer's Notice of Docking Dates, attached hereto as Exhibit A. In the event that Customer's Docking Dates change from dates provided in Exhibit A, Customer must notify Owner in writing of such changed dates no later than thirty (30) days from Customer's receipt of notice of changed Docking Dates. If such thirty (30) day notice cannot be provided, Customer must notify Owner of changed Docking Dates as soon as possible. 2. Safety and Notifications: Customer shall be responsible for ensuring that its employees, contractors and invitees comply with applicable laws and obey any written safety rules provided by Owner. Customer shall not intentionally interfere with other operations or create any danger or safety hazard at the Facility. Customer shall notify Owner if it believes there are any safety or suitability problems, and in such an event the parties agree to fully cooperate and resolve the same to their mutual satisfaction, Formal Notices shall be addressed to the Contact defined above for each of the parties and may be given by e- mail, facsimile, or by mail. Notices will be deemed to have been received upon the production of a relevant receipt document. 3. Liability and Indemnity: Each party agrees to be responsible for, and indemnify and hold harmless the other of and from (including legal fees and costs), any loss, damage, expense, claim, liability, suit, fine and/or penalty applicable to (i) such party's employees, contractors, invitees and guests, and (ii) the owned, leased or chartered vessels, equipment or other personal property of such party and/or its employees, contractors, invitees and guests, howsoever caused and regardless of fault, which in anyway arises out of or relates to the Facility or Customer's access thereto and/or use thereof. Each party agrees to waive any mmunity from suit and/or exclusivity of remedy pursuant to any workers compensation actor similar law in furtherance of the foregoing indemnity for employee injury claims. For purposes hereof, any passenger of Customer shall be deemed Customer's invitee/guest but only while aboard Customer's vessel, and/or while embarking or disembarking Customer's vessel on Customer -provided equipment. With respect to all other matters, each party agrees to be responsible for, and indemnify and hold harmless the other of and from (including legal fees and costs), all loss, damage, expense, claim, liability and/or suit to the extent caused by its negligence or other legal fault. 4. Insurance: Customer shall maintain during the Term of this Agreement insurance as provided in the attached Insurance Schedule. Owner shall maintain during the Term of this Agreement Owner's membership in the Iowa Communities Assurance Pool or obtain general liability insurance with equivalent coverage. The parties shall exchange insurance certificates evidencing all of the foregoing insurances and conditions upon execution of this Agreement and from time to time thereafter, as may be requested. Should a party fail to maintain (or cause to be maintained) an insurance as required, if an insurance fails for any reason (including without limitation due to breach of condition or warranty), and/or if an insurer refuses and/or is unable to pay, the party required to maintain such insurance above shall be deemed a self -insurer thereof, accept and pay all claims which would have otherwise been submitted, and indemnify and hold harmless the other of and from (including legal fees and costs) any loss, damage, expense, claim, liability, suit, fine and/or penalty resulting from such failure. 5. Utilities: If any utilities are available at the Facility and Customer elects to connect to and/or utilize such utilities during its visit, Customer agrees to be responsible for and to pay any and all connection and/or usage charges. 6. Refuse and Garbaqe Removal. Customer shall not store any refuse or garbage at the Facility for any length of time and shall make arrangements for the prompt removal of refuse and garbage from the Facility. If Customer fails to promptly remove refuse and garbage from the Facility, Owner reserves the right to prohibit removal of refuse and garbage upon Customer's docking at the Facility. 7. Term of Agreement: This Agreement shall commence upon its date of execution, shall have a term of one year. 8. Governing Law, This Agreement shall be governed by the general maritime law of the United States or, if no general maritime rule of law applies, then by the laws of the state of Iowa. 9. Default. If Customer fails to comply with any of the provisions of this Agreement within seven (7) days after notice of noncompliance from Owner, Owner may terminate this Agreement. 10, Entire Agreement. This Agreement may be executed in counterparts and/or by electronic exchange of signatures, with all such counterparts deemed the same single agreement and signatures exchanged by electronic means deemed equivalent to original signatures. This constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, written and oral. This Agreement shall not be modified except through a writing signed by both parties. Dated this jq day of -Yu r''! , Z0 Z I . Owner AAZLV4 k�. A&L., A thorized Signature Michael C. Van Milligen, City Manager Printed Name and Title Customer Z /, 77- Authorized Signature L'f►� va15���z fir. /"jcr �A�,l.c 612S Printed Name and Title Date:09/17/20 American Cruise Lines 2021 Docking Schedule at Dubuque, IA - A.Y. McDonald Park Dockings marked "Confirmed" have been guaranteed by the port, while Dockings marked "Requested" or "Flagged" have not been guaranteed. America Sun. Jul. 25, 2021 8:OOAM Sun. Jul. 25, 2021 1:OOPM 5.0 Confirmed America Fri. Jul. 30, 2021 11:OOAM Fri. Jul. 30, 2021 5:30PM 6.0 Confirmed Queen of the Sat. Jul. 31, 2021 8:OOAM Sat. Jul. 31, 2021 1:OOPM 5.0 Requested Mississippi Queen of the Thu. Aug. 05, 2021 11:OOAM Thu. Aug. 05, 2021 5:30PM 6.0 Requested Mississippi America Sun. Aug. 08, 2021 8:OOAM Sun. Aug. 08, 2021 1:OOPM 5.0 Confirmed America Fri. Aug. 13, 2021 11:OOAM Fri. Aug. 13, 2021 5:30PM 6.0 Confirmed America Wed. Sep. 08, 2021 8:OOAM Wed. Sep. 08, 2021 1:OOPM 5.0 Confirmed America Mon. Sep. 13, 2021 11:OOAM Mon. Sep. 13, 2021 5:30PM 6.0 Confirmed American Melody Mon. Sep. 20, 2021 8:OOAM Mon. Sep. 20, 2021 12:30PM 4.0 Requested America Wed. Sep. 22, 2021 8:OOAM Wed. Sep. 22, 2021 1:OOPM 5.0 Confirmed American Melody Sun. Sep. 26, 2021 11:OOAM Sun. Sep. 26, 2021 5:30PM 6.0 Confirmed America Mon. Sep. 27, 2021 11:OOAM Mon. Sep. 27, 2021 5:30PM 6.0 Confirmed American Melody Tue. Oct. 05, 2021 8:OOAM Tue. Oct. 05, 2021 1:OOPM 5.0 Requested America Wed. Oct. 06, 2021 8:OOAM Wed. Oct. 06, 2021 1:OOPM 5.0 Confirmed American Melody Sun. Oct. 10, 2021 11:OOAM Sun. Oct. 10, 2021 5:30PM 6.0 Requested America Mon. Oct. 11, 2021 11:OOAM Mon. Oct. 11, 2021 5:30PM 6.0 Confirmed American Melody Tue. Oct. 19, 2021 8:OOAM Tue. Oct. 19, 2021 1:OOPM 5.0 Requested America Wed. Oct. 20, 2021 4:OOPM Wed. Oct. 20, 2021 8:OOPM 4.0 Confirmed American Melody Sun. Oct. 24, 2021 11:OOAM Sun. Oct. 24, 2021 5:30PM 6.0 Requested America Mon. Oct. 25, 2021 11:OOAM Mon. Oct. 25, 2021 5:30PM 6.0 Confirmed American Melody Tue. Nov. 02, 2021 8:OOAM Tue. Nov. 02, 2021 1:OOPM 5.0 Requested American Melody Sun. Nov. 07, 2021 11:OOAM Sun. Nov. 07, 2021 5:30PM 6.0 Requested America - 300 American Melody - 328 Queen of the Mississippi - 250 City of Dubuque Insurance Requirements for Pollution Haulers INSURANCE SCHEDULE N shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is longer than 60 days. Haulers presenting annual certificates shall present a certificate at the end of each project with the final billing. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Department of Insurance or an equivalent approved by the Director of Finance and Budget. Each certificate shall include a statement under Description of Operations as to why issued. Eg: Project # or construction of 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and all carriers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each certificate shall be delivered to the Finance Department of the City of Dubuque. 4. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 5. Hauler shall require all subcontractors and sub -subcontractors to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurances from all such subcontractors and sub -subcontractors. Hauler agrees that it shall be liable for the failure of a subcontractor and sub -subcontractor to obtain and maintain such coverages. The City may request a copy of such certificates from the Hauler. 6. All required endorsements to various policies shall be attached to certificate of insurance. 7. Whenever a specific ISO form is listed, an equivalent form may be substituted subject to the approval of the Director of Finance and Budget and subject to the Hauler identifying and listing in writing all deviations and exclusions that differ from the ISO form. 8. Hauler shall be required to carry the minimum coverage/limits, or greater if required by law or other legal agreement, in Exhibit I. If Hauler's limits of liability are higher than the required minimum limits then the provider's limits shall be this Agreement's required limits. 9. Whenever an ISO form is referenced the current edition of the form must be used. 10. Hauler shall be responsible for deductibles and self -insured retention for payment of all policy premiums and other cost associated with the insurance policies required below. 11. All certificates of insurance must include agents name, phone number, and email address. 12. The City of Dubuque reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by this Schedule at any time. 13. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in the risk or other special circumstances during the term of the agreement, subject to mutual agreement of the parties. Page 1 of 4 Schedule N Pollution Haulers April 2021 City of Dubuque Insurance Requirements for Pollution Haulers INSURANCE SCHEDULE N (continued) Exhibit I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products -Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments $5,000 1) The general liability coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00 02. Coverage shall be written on an occurrence, not claims made, form. All deviations from the standard ISO commercial general liability form CG 00 01, or Business owners form BP 00 02, shall be clearly identified. 2) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit" or CG 25 03 "Designated Construction Project (s) General Aggregate Limit" as appropriate. 3) Include endorsement indicating that coverage is primary and non-contributory. 4) Include Preservation of Governmental Immunities endorsement. (Sample attached). 5) Policy shall include Wavier of Right to Recover from Others endorsement 6) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 26. B) AUTOMOBILE LIABILITY Combined Single Limit $1,000,000 Coverage shall include all owned, non -owned, and hired vehicles. If the Contractor's business does not own any vehicles, coverage is required on non -owned and hired vehicles. 1) Policy shall include Waiver of Right to Recover from Others endorsement. C) POLLUTION LIABILITY (Including transit) FUEL HAULERS (Diesel, Gas, Oil): General Aggregate Limit $4,000,000 Each Occurrence limit $2,000,000 WASTE HAULERS (Sewage, High Strength By Products) General Aggregate Limit $1,000,000 Each Occurrence limit $1,000,000 1) Policy shall include an additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. 2) Provide evidence of coverage for 5 years after completion of project. 3) Include Preservation of Governmental Immunities Endorsement. (Sample attached). Page 2 of 4 Schedule N Pollution Haulers April 2021 City of Dubuque Insurance Requirements for Pollution Haulers INSURANCE SCHEDULE N (continued) D) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85. Coverage A Statutory —State of Iowa Coverage B Employers Liability Each Accident $100,000 Each Employee -Disease $100,000 Policy Limit -Disease $500,000 Policy shall include Waiver of Right to Recover from Others endorsement. Coverage B limits shall be greater if required by the umbrella/excess insurer. OR If, by Iowa Code Section 85.1A, the Contractor is not required to purchase Workers' Compensation Insurance, the Contractor shall have a copy of the State's Nonelection of Workers' Compensation or Employers' Liability Coverage form on file with the Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached. E) UMBRELLA/EXCESS LIABILITY $1,000,000 The General Liability, Automobile Liability and Workers Compensation Insurance requirements may be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of the primary policies, it shall include the same endorsements as required of the primary policies including Waiver of Subrogation and Primary and Non-contributory in favor of the City. Page 3 of 4 Schedule N Pollution Haulers April 2021 City of Dubuque Insurance Requirements for Pollution Haulers Please be aware that naming the City of Dubuque as an additional insured as is required by this Insurance Schedule may result in the waiver of the City's governmental immunities provided in Iowa Code sec. 670.4. If you would like to preserve those immunities, please use this endorsement or an equivalent form. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 4 of 4 Schedule N Pollution Haulers April 2021 THE CITY OF DUB E Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Marie L. Ware, Leisure Services Manager SUBJECT: Docking Agreement for American Cruise Lines DATE: July 23, 2021 INTRODUCTION Dubuque All -America City 2007-2012.2013 2017*2019 The purpose of this memorandum is to request your approval and signature of the attached Docking Agreement allowing the American Cruise Lines river boats to dock at the Port of Dubuque — American Trust River's Edge Plaza. BACKGROUND The City of Dubuque's River Boat Docking Agreement was developed by staff for large river boats wishing to use the City's large boat docking facility at the Port of Dubuque — American Trust River's Edge Plaza. Agreement language was approved by City Attorney Crenna Brumwell, and insurance documents have been submitted and reviewd which satisfy the City's Insurance Schedule N requirements for the docking of commercial vessels. DISCUSSION The attached agreement will allow the operators of these riverboats to use the Port of Dubuque — American Trust River's Edge Plaza docking facility under the terms stipulated therein. Access to the docking facility is on a first -come first served basis; this agreement is not a guarantee that the facility will be available at any time. Riverboat companies are encouraged to review the complete docking schedule and coordinate changes in arrival and departure times to maximize use of the facility. ACTION REQUESTED Your approval and signature of the attached City of Dubuque Docking Agreement with the American Cruise Lines. Prepared by: Dan Kroger, Recreation Division Manager Cc: Crenna Brumwell, City Attorney Jenny Larson, Director of Budget and Finance John Klostermann, Public Works Director