Swift Water Adventure Tours Docking AgreementTHE CITY OF
Dui
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Docking Agreement for Swift Water Adventure Tours
DATE: March 27, 2013
Dubuque
kital
All- America City
II 111!
2012
Leisure Services Manager Marie Ware recommends City Council approval of a docking
agreement with Swift Water Adventure Tours to embark and disembark passengers at
the Port of Dubuque Marina.
The operator would be allowed fifteen minutes prior to the start of charter loading and
fifteen minutes maximum for an introduction and safety talk. There would be ten
minutes allowed for unloading at the end of each charter. The boat would not be stored
at the marina as all sites are transient. The operator could choose, as any boater, to
pay any overnight fees. The charters will be during daylight only.
The $500 seasonal docking fee has been figured based on expected numbers of tours
and amount of time for loading and unloading times $3 per hour.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
hrilit44 krt.,709,
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
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Marie L. Ware, Leisure Services Manager
DATE: March 22, 2013
SUBJECT: Docking Agreement for Swift Water Adventure Tours
X
INTRODUCTION
The purpose of this memo is to request approval of a docking agreement with Swift Water Adventure Tours.
BACKGROUND
Jon Roth approached Cindy Steinhauser about permission to use River's Edge Plaza in October. His request was for docking
for a Mississippi backwater eco -tour business. Tours would be booked online and he needed a location for docking for
loading and unloading tours. His boat would have a capacity of six plus the tour operator. Jon surveyed the location with
John I4ostermann. It was determined that loading and unloading for a smaller boat with varying river levels would be difficult.
Jon further researched potentially working with private marinas in the area. None of these marinas were receptive to his
proposal. Jon talked with Bob Schiesl and he suggested to work with the River Museum. Jon contacted the Museum and
they weren't interested. Jon then contacted me about the potential of using the Port of Dubuque Marina for docking.
DISCUSSION
A docking area is needed to embark and disembark passengers. The access to the docking space would be on a first -come,
first -serve basis at the two locations shown in the docking agreement. These two areas would be the least used and are
meant fortemporary parking during the check -in process or waiting for access to the fueling station.
The tour operator would provide tour times prior to the start of the agreement. The operator would be allowed fifteen minutes
prior to the start of charter loading and fifteen minutes maximum for an introduction and safety talk. There would be ten
minutes allowed for unloading at the end of each charter. The boat would not be stored at the marina as all sites are
transient. The operator could choose as any boater to pay any overnight fees. The charters will be during daylight only.
The seasonal docking fee has been figured based on expected numbers of tours and amount of time for loading and
unloading times $3 per hour. The larger tour boats that use River's Edge Plaza pay no fee.
Jon has yet to order the boat as he will need a docking agreement to know he has a place to load and unload. His business
will be Internet based for reservations thus he asks for no other physical space. He has reviewed this draft agreement and is
ok with it.
Barry Lindahl and his office drafted the agreement which has been reviewed by Cindy Steinhauser and Bob Schiesl as well.
Frank O'Connor was a part of the insurance requirements discussion. This business would be complementary to the many
activities at the Port of Dubuque. Because the boat would be ordered it will not operate the full season, thus the shortened
timeframe of the agreement.
RECOMMENDATION
I recommend approval of the agreement.
Prepared by:
Marie L. Ware
cc:
Cindy Steinhauser
Bob Schiesl
Barry Lindahl
CITY OF DUBUQUE
DOCKING AGREEMENT
OWNER
TOUR OPERATOR
NAME City of Dubuque
ADDRESS 50 W 13th Street
CITY, ST, ZIP : Dubuque, Iowa 52001
CONTACT Marie Ware
TELEPHONE : 563/589 -4264
FACSIMILE : 563/589 -4391
E -MAIL : mware @cityofdubuque.org
NAME : Swift Water Adventure Tours
ADDRESS : 904 Barbara Lee Drive
CITY, ST, ZIP : Dubuque, Iowa 52003
CONTACT : Jon Roth
TELEPHONE : (563) 588 -1915; C (563) 590 -6300
E -MAIL : jomarlumo @yahoo.com
FACILITY
RATES /CHARGES
Port of Dubuque Marina
$500.00 / season docking fee
DESCRIPTION /PURPOSE OF ACCESS /USE
The Facility will be utilized to embark and disembark passengers, to receive supplies, to off -load trash for
proper disposal off site and other such activities that are consistent with the operation of a charter tour vessel.
Charter vessel is 24' long with a capacity of 6 persons and 1 operator. The -tour operator will provide Leisure
Services the charter tour times prior to start of agreement. Operator will be allowed 15 minutes prior to start
of charter loading and will be allowed 15 minutes Introduction and safety talk after charter tour time. Ten (10)
minutes will be allowed for unloading at end of each charter. Charter tours will be during daylight only.
1. Basic Agreement: In consideration of the Rates /Charges referenced in the relevant box above,
Owner hereby grants to Tour Operator 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 Tour Operator at any particular time. Tour
Operator is encouraged to coordinate its use of the Facility with other users
2. Safety and Notifications: Tour Operator shall be responsible for ensuring that Its employees,
contractors and invitees comply with applicable laws and obey any written safety rules provided by Owner.
Tour Operator shall not intentionally interfere with other operations or create any danger or safety hazard
at the Facility. Tour Operator 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 (1) such party's employees, contractors, invitees and guests, and (li) the
owned, leased or chartered vessels, equipment or other personal property of such party and /or its
employees, contractors, invitees and guests, howsoever caused and regardless of fault, which in any way
arises out of or relates to the Facility or Tour Operator's access thereto and /or use thereof. Each party
agrees to waive any immunity from suit and /or exclusivity of remedy pursuant to any workers
compensation act or similar law in furtherance of the foregoing indemnity for employee injury claims. For
purposes hereof, any passenger of Tour Operator shall be deemed Tour Operator's invitee /guest but only
while aboard Tour Operator's vessel, and /or while embarking or disembarking Tour Operator's vessel on
Tour Operator - provided equipment. With respect to all other matters, each party agrees to be responsible
031513ba1
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: Tour Operator 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 Tour Operator elects to connect to and /or utilize
such utilities during Its visit, Tour Operator agrees to be responsible for and to pay any and all connection
and /or usage charges.
6. Refuse and Garbage Removal. Tour Operator shall not store any refuse or garbage at the Facility and
shall make arrangements for the prompt removal of refuse and garbage from the Facility and be disposed
of privately.
7. Term of Agreement: This Agreement shall commence upon its date of execution, shall have a term of
from June 1 through November 15, 2013.
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 Tour Operator 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 N.r, DAY OF AP '/L , y3
Owner Tour Operator
/4254—
thorized Signature Aulh9 ed Signature
Michael Van Milligen
Printed Name and Title city Manager
2
(--'S-75/,./ Ill' •
Printed Name and Title
g 771
MAP OF DOCKING AREA
3
City of Dubuque Insurance Requirements for Docking of Small Vessels
Insurance Schedule V
1. Owner shall furnish a signed Certificate of Insurance to the City of Dubuque, Iowa for the coverage
required in Exhibit 1 prior to contract inception and at the end of the contract if the term of contract is
longer than 60 days.
2. All policies of insurance required hereunder shall be with a carrier authorised 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 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. Provider shall be required to carry the minimum coverage /limits, or greater if required by law or other
legal agreement, in Exhibit I.
Page 1 of 3 Schedule V, Small Vessel Docking Agreement Insurance March 2013
4
City of Dubuque Insurance Requirements for Docking of Small Vessels
Insurance Schedule V (continued)
Exhibit 1
A) COMMERCIAL MARINE LIABILITY
Limit of Liability $1,000,000
a) Coverage shall be written on an occurrence not claims made form.
b) Include endorsernent indicating that coverage is primary and non-contributory.
c) lnclude endorsement to preserve Governmental Immunity. (Sample attached).
d) lnclude 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 voluriteers.
B) WORKERS' COMPENSATION, LHWCA & EMPLOYERS LIABILITY
Workers' Comp
Coverage A
Coverage B
Statutory—State of lowa
Employers Liability
Each Accident g100,000
sad`smpmvee'm,ease $100,000
Policy Limit-Disease $500,000
Policy shall include an endorsement providing a watver of subrogatton to the City of Dubuque.
Longshoreman and Harbor Workers Compensation Act Coverage
Page 2 of 3 Schedule V, Small Vesse Docking Agreement lnsurance March 2013
5
City of Dubuque Insurance Requirements ents for Docking of Small Vessels
Preservation of Governmental Immunities Endorsement
1. Nonwaiver of Governmental Immunity. The insurance carrier expressly agrees and states that the
purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does
not waive any of the def nsoeof0nvemmonto|immunKyavu||ab|etotheCbyofDubuque,|owo
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 insurance carrier further agrees tha this policy of Insurance shall cover only
those claims not subject to the def nse 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 Governmen Immunitv. The City of Dubuque, Iowa shall be responsible for asserting any
defense of governmental immunity, and may do so at any time and shall do so upon the timely
written request of the insurance carrier.
4. Non-Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the
insurance carrier shall not deny any of the right 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 Irnmunities shall not otherwise
change or alter the coverage available under the policy.
SPLCIMFN
Page 3 of 3 Schedule V, SmaII Vessel Docking Agreement ment Insurance March 2013
6
CXainpk of I, 5sc 6.r
3/1/2013