Grand River Center Management Contract Renewal_Platinum HospitalityMasterpiece on the Mississippi
Dubuque
Ititai
All- America City
II 111!
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, LLC
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 Those have all been replaced by more in -depth management -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 hotel /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.
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
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Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Marie L. Ware, Leisure Services Manager
DATE: May15,2013
SUBJECT: Grand River Center Management Agreement with Platinum Hospitality Group, LLC
INTRODUCTION
The purpose of this memo is to recommend that the City Council approve the Grand River Center Management Agreement with
Platinum Hospitality Group, LLC.
DISCUSSION
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. That means 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.
The years of management by Platinum have been successful in many ways. The Grand River Center last year was host to
154535 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 we have in the
prior agreement, and 25% of the actual hotel/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.
RECOMMENDATION
I respectfully request the City Council extend the relationship with Platinum Hospitality Group, LLC in the Facility Management
Agreement and adopt the Resolution.
Prepared by:
MLW:et
cc:
Jim Rix, President, Platinum Hospitality Group
Mitzi Yordy, General Manager, Grand River Center
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,
Iowa (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.
Attest:
CIALlt,562(2ecbcc5,
Trish L. Gleason, Assistant City Clerk
Roy D. ol, Mayor
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, 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 Assistant City Clerk acknowledged said instrument to be the free act
and deed of said Municipal Corporation by it voluntarily executed.
or Dubuque County, Iowa
PAMELA J. McCARROPI
Commission Number 772419
My Comm. Exp. 1-5-2o
GRAND RIVER CENTER
FACILITY MANAGEMENT AGREEMENT
This Grand River Center Facility Management Agreement (the "Agreement ") is
made and entered into as of this 20th day of May , 2013, by and between
The City of Dubuque, Iowa ( "City ") and Platinum 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, Iowa ; 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.
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(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:
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(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 all 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 (26th) day of April, 2013 and on each twenty -sixth (26th) 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 25th), 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.
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(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) Marketing 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) Reporting 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 Reporting 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;
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(iv) Itemized report of projected bookings for the next 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 Reporting 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.
(f) 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
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 Marketing 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 Scheduling. 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 1st of each year. The Manager is authorized to negotiate rental
agreements for the Facility.
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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
following 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
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
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quality in both materials and workmanship. All repairs will 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 Security. The Manager will arrange for proper security, as
requested by the client, for events at the Facility. The Manager must report
annually by November 1st 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
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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 Responsibility. 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.
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(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 and /or 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.
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(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
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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 messages 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 Beverage 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.
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(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;
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(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;
Usage of "logos" throughout Facility and on items in Facility;
Sanitation and cleaning guidelines;
Off -site sales of food and beverages;
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.
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3.12 Permits, Licenses, Taxes. The Manager will obtain and maintain all 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 Iowa 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 City 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. Storage. Neither Manager, nor Manager's employees or agents, may utilize the
facility for the storage of personal 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 Manager.
(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
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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 Tess 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 Tong -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
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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
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Agreement, or any extensions 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 Facility 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 City. 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
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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 25th
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.
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13.6 This Agreement shall be governed by the laws of the State of Iowa. The City and
the Manager expressly submit themselves to the jurisdiction of the Courts of the State of
Iowa.
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 Toss 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, Iowa
Michael C. Van Milligen
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With Copy to:
To Manager:
City Manager
50 West 13th Street
Dubuque, Iowa 52001
Marie Ware
Leisure Services Director
50 West 13th Street
Dubuque, Iowa 52001
Platinum Hospitality Group, LLC
James P. Rix
President
500 Bell Street
Dubuque, Iowa 52001
IN WITNESS HEREOF, the parties hereto have executed this Agreement as of
the day and year first above written.
CITY OF DUBUQUE, IOWA
`N /1L,"
Roy D. By T, Mayor
Attest:
PLATINUM HOSPITALITY GROUP, LLC
KL_LIA,C1 00e)CCA-,
Kcvin S. rirnstahl, City Clerk
Trish L. Gleason, Assistant City Clerk
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es P. Rix, Presid nt CEO
APPENDIX A
(MAP AND LEGAL DESCRIPTION)
Lot 1 Riverwalk 5th Addition
24
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
replace 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
class at all times;
5. Develop, establish and follow policies and procedures to achieve higher levels 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 clippings, landscape trimmings, and
food waste for collection 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;
1
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 glass 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 all 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 all
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 removal, 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 all 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 following 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
Monthly
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 Yearly
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, Iowa 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. All policies of insurance required hereunder shall be with a carrier 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 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) 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
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 Governmental 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, employees and volunteers.
using ISO form CG 20 10. Ongoing operations.
B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Coverage A
Coverage B
Statutory —State of Iowa
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)
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 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 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 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 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 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
31
APPENDIX E
STANDARD OPERATING PROCEDURES
32
Grand River Center Objectives
Grand River Center Housekeeping / Janitorial SOP Summary
The overall objective Is to see to the implementation of the Grand River Center housekeeping and
building cleaning and to ensure Its proper inception by creating a unified set of standards and
procedures that can be carried on for the successful use by the Grand River Center.
1. Create and implement cleaning standards and procedures for Grand River Center to include
daily, weekly, and quarterly cleaning, inventory of supplies, proper storage and use of
cleaning supplies, bathroom and public area cleaning, pre event and post event cleaning and
deep cleaning. Standards to be completed and In use by March 8, 2013.
A. Create and implement cleaning standards
The following are excerpts from the standards requested by PHG as provided by the GRC -GM.
Sufficient Staffing Levels to carry out Housekeeping Duties.
Develop establish and follow a janitorial cleaning program so as to keep the Facilities and its contents in
a dean sanitary and attractive condition.
Maintain Inventory
Promptly take are of all guest complaints
Standard operating procedures for recycling.
Empty trash and recycling once a day, more frequently as necessary.
Wash the receptacles after each use to maintain it in a clean, sanitary attractive condition,
Clean glass, including windows in glass enclosed areas at intervals sufficient maintain a clean and
(slightiy ?) condition.
Lobbies shall be kept clean and slightly ( ?), and free of refuse, debris, and graffiti,
The saddles( ?), doors and frames and inside of the surfaces of the lobbies shall be clean as necessary;
The floors shall be washed and waxed as needed,
The carpet areas vacuumed daily and shampooed as necessary using manufacture recommendations.
Inspect and periodically maintain and repair as needed the floors and carpets of Facility, keeping them
clean and evenly covered with finish for appearance and durability.
Inspect and dean all lights and lighting fixtures
Keep sidewalks and entryways dean
B. Procedures See Grand River Center Housekeeping operations
33
See Grand River Center Policy and Procedures
C. Daily
Wood Doors & Wood Wall panels:
Daily; Remove black marks carefully with magic eraser, Touch up scratches
Daily; Wipe doors with Murphy oil soap with the grain dry with a cloth so they aren't streaky.
Fabric Wails:
Daily: Wipe down fabric walls with a Om cloth to remove dirt.
Daily: Spot clean the fabric walls with resolve stain remover.
Ceilings;
Daily: Check light bulbs for maintenance issues.
Daily: Check for stained ceiling tiles that need pointed or replaced.
Windows;
As needed/ Monthly: Spray and Wipe the windows
Daily: Spot Clean
Carpeted Floors:
Daisy: Vacuum Carpet
Daily: Report any stains for cleaning.
Tile Floors:
Daily; Mop with a neutral cleaner
Daily; Clean the edges where tile meets carpet
Bathroom; In Addition to Ceilings, wails and floor procedures:
Daily: Wipe down all surfaces of the porcelain, especially behind.
Daily: Wipe down the baby changing station
Elevator:
Daily: Remove finger prints
D. Weekly
Stainless Steel:
Weekly: Wipe with stainless steel cleaner polish with a dry cloth or a light coat of baby oil.
Wood Doors & Wood Wall panels;
Weekly: Use stainless steel cleaner polish with a dry cloth or a light coat of baby oil on stainless.
Fabric Walls;
Weekly; Vacuum fabric walls to remove dust.
Every Two Weeks/Monthly: Vacuum ceiling tiles around vents, vents and intake vents.
Windows:
As needed/ Monthly: Spray and Wipe the windows
Weekly: Dust off the window ledges
Benches:
Weekly: Wipe them down with Murphy's oil soap.
34
Weekly: Remove any gum or foreign objects stuck to the bottom.
Weekly: Wipe down brackets.
Carpeted Floors:
Weekly: Vacuum along the wall with a crevice tool
Bathroom:
Weekly: Remove all tissue and vacuum or wipe out receptacles.
Weekly: Wipe down ail the wally
Stainless Steel:
Weekly: Wipe down the Steel kick plates with stainless steel cleaner or a light coat of baby oil.
Elevator,
Weekly: Clean the tracks on the inside of the elevator and on all floors with a bristled brush.
E. Monthly /Quarterly cleaning
High Dusting:
Monthly: High Dusting Ceiling/ wall Corners of the wall,
Monthly: High dust all fixtures on the wall (pull stations, sconce lights...)
Monthly: Wipe down light fixtures, Do not use a damp rag an a hot bulb!!
Ceilings:
Monthly /Quarterly: High Dust corners, Light matures and wires, In the can lights.
Monthly: High dust all fixtures on the Ceiling including lights.
Every Two Weeks/Monthly; Vacuum ailing tiles around vents, vents and intake vents.
Monthly: Wipe down tight fixtures, Do not use a damp rag on a hot bulbil
Windows:
Monthly: High dust the top of the windows
As needed/ Monthly: Spray and Wipe the windows
Elevator:
Weekly: Clean the tracks on the inside of the elevator and on all floors with a bristled brush.
Monthly: Clean above the lights
F. Inventory of supplies:
Supplies will be inventoried on weekly bases, and ordered as needed through Weber Paper Co,
American Hotel or similar Janitorial companies to maintain par levels.
SUPPL$F,S:
GM & Chef currently take are of ordering. Chef orders chemicals and bags. Order on Wed,
have on Friday. Housekeeping supervisor will be responsible for creating purchase orders
for GM's approval.
Cleaning Rags
Paper Towels
Toilet Tissue
Preference?
Toilet Seat liners
Tampons
Napkins
Waxed Bags
Baby changing pads
35
TOOLS:
Batteries (Maintenance)
48" Trash Bags
33a Trash Bags
Trash Can Liners
Gloves
High Duster
Window Squeegee
Putty Knife
Bristled brushes for elevator tracks/vents
Tooth Brushes
G. Proper storage of cleaning supplies:
Supplies will be kept In the First Aid Room.
Closets will be stocked from the First Ald Room.
Chemicals need to be kept out of the reach of children.
Closets should be locked.
H. Proper use of cleaning supplies,
Bleach is only used by the supervisor.
Bathroom Cleaning:
Begin high and work low. Start at one side and work your way around the area.
1. High dusting around ceiling fixtures on the wall, lights,
2. Clean the mirrors and ledges, Sinks countertop, under the countertop.
3. Refill all dispensers
4. Spray and wipe partitions
5. Clean urinals and toilets
6. Refill all dispensers,
7, Empty wax bags and trash containers.
8. Sweep and mop the floor especially under counters, behind the doors.
J. Public area cleaning:
Begin with a general sweep through the area picking up whatever possible as you
assess the area. Begin high and work low, Start at one side and work your way around
the area.
1. High dusting,
2. Clean windows and ledges,
3. Dust lower surfaces,
36
A. vacuum edges,
S, Vacuum carpets.
6. Empty trash containers,
K. PRE -EVENT CRANING
CLEANING POLICY AND PROCEDURES FOR SET UP PEOPLE:
• Before setting up: Make sure the carpets were vacuumed completely.
After tables are set -up: Vacuum If needed.
Once table cloths and place settings are set, Hokie carpets If needed
L POST EVENT CLEANING
CLEANING POUCY AND PROCEDURES MNQUET SERVERS:
• Clean food and drink splatters from the fabric wails before stains set In.
• Immediately report spills on the carpet.
Make sure Service Hallway coffee stations are thoroughly cleaned after each event.
CLEANING POLICY AND PROCEDURES EVENT COORDINATORS AND SUPERVISORS:
• Walk through the event and Identify Issues that need to be taken clue of by Housekeeping and
maintenance.
Make sure Service Hallway coffee stations thoroughly cleaned after each event.
CLEANING POLICY AND PROCEDURES FOR SETUP (TEAR DOWN):
▪ Tear down after the event or the next morning.
Remove all debris from the table including pieces of food, wrappers, bottle reps, rrtlnts.:;
• Remove table cloths so crumbs are contained and do not land on the floor.
• As chairs are removed, check them for stains.
As tables are removed, look for stains on the carpet that need att ention.
Report any stains to Maintenance /Housekeeping for extracting
Check the vacuum bag before vacuuming..
Vacuum the carpet at a slow pace to do a thorough Job.
Report any maintenance issues.
CLEANING POLICY AND PROCEDURES CLOSING MANAGER:
• Inspect all areas check for cleanliness,
The room should be In "Show" condition with the carpets vacuumed Immediately after tear down for any
clients asking for an impromptu walk through. All Supervisors and coordinators should do a daily walk through
each of the rooms whether used or not. to Identify issues that need to be taken care of, More sets of eyes the
better,
M. DEEP CLEANING.
DEEP CLEANING POLICY AND PROCEDURES MAINTENANCE:
• Maintenance Is responsible for all use & procedures where the lift is required.
• Vents /Ceiling lights:
- Maintenance assists with deep deaning as needed when the lift is set up for bulb changing:
37
windows:
Inside windows are done on a rotating basis with an outside vendor.
Maintenance cleans the outside windows,
Bathroom Fixtures:
Housekeeping is responsible for reporting per work order any issues to maintenance
Regarding wear and tear on the fixtures or battery replacement needs
DEEP CLEANING BANQUET MANAGEPS:
Schedule monthly cleanout of Ice bins after a high use weekend
Schedule a weekly deep clean of the coffee station
Request carpet cleaning as needed.
DEEP CLEANING HOUSEKEEPING FREQUENCIES
High Dusting:
Monthly: High Dusting Ceiling/ wall Corners of the wall,
Monthly; High dust all fixtures on the wall (pull stations, sconce lights...)
Monthly: Wipe down light fixtures. Do not use a damp rag on a hot bulbil
Stainless Steel:
Weekly: Wipe with stainless steel cleaner polish with a dry cloth or a light coat of baby oil.
Wood Doors & Wood Wall panels;
Daily; Remove black marks carefully with magic eraser
Cully: Touch up scratches
Daily: Wipe doors with Murphy oil soap with the grain dry with a cloth so they aren't streaky.
Weekly; Use stainless steel cleaner polish with a dry cloth or a light coat of baby oil on stainless.
Fabric Walls:
Weekly: Vacuum fabric walls to remove dust.
Daily: Wipe down fabric walls with a damp cloth to remove dirt.
Daily: Spot clean the fabric walls with resolve stain remover.
Ceilings:
Monthly /Quarterly: High Dust corners, tight fixtures and wires, in the can lights.
Monthly: High dust all fixtures on the Ceiling including lights.
Every Two Weeks/Monthly: Vacuum ceiling tiles around vents, vents and Intake vents.
Daily: Check light bulbs for maintenance Issues.
Dally: Check for stained ceiling tiles that need painted or replaced.
Monthly; Wipe down light fixtures. Do not use a damp rag on a hot bulbil
Windows:
Monthly: High dust the top of the windows
As needed/ Monthly. Spray and Wipe the windows
Weekly: Dust off the window ledges
Daily: Spot Clean
Benches;
Weekly: Wipe them down with Murphy's oil soap.
Weekly; Remove any gum or foreign objects stuck to the bottom,
Weekly: Wipe down brackets.
Carpeted Floors:
Weekly; Vacuum along the wall with a crevice tool
Daily: Vacuum Carpet
38
Daily: Report any stains for cleaning.
Tile Floors:
Daily: Mop with a neutral cleaner
Daily: Clean the edges where tile meets carpet
Bathroom: In Addition to Ceilings, walls and floor procedures:
Daily: Wipe down all surfaces of the porcelain, especially behind.
Daily: Wipe down the baby changing station
Weekly: Remove all tissue and vacuum or wipe out receptacles.
Weekly; Wipe down all the walls
Stainless Steel:
Weekly; Wipe down the Steel kick plates with stainless steel cleaner or a light coat of baby oil.
Elevator:
Weekly: Clean the tracks on the inside of the elevator and on all floors with a bristled brush.
Monthly: Clean above the lights
N. Chemicals
1. Spic & Span (Class Cleaner)
2. Neutral cleaner for hard surface floors
3. Comet Disinfectant Cleaner for restrooms
4. Comet with Bleach
5. Urinal Screens Cherry Scent
6. Stainless Steel Polish
7. Baby Oil
8. Magic Erasers
9. Old English Furniture polish /Scratch remover
10. Murphy's oil soap
11. Resolve Stain Remover
9.2. Pink Foam Soap
a. Chemical Par Levels (See excel Spread Sheet)
b. Detailed Protocol for Chemical usage (See Excel Spread Sheet)
0. Equipment needed
Hillyard C3XP Cleaning Companion
KaiVac 1700 Series
EQUIPMENT:
Back Pac Vacuum
Vacuum with a crevice tool
Step Ladders
- Large Carpet Vacuum
Large Carpet Shampooer
39
- Small carpet Shampooer
= Auto Scrubber
Buffer
- tilt
P. MSDS Sheets Will bit stored in every closet containing chemicals that are stored in a specific
area,
Q. Standards to be completed and in use by March 8, 2013.
See attached Word Documents and Excel files for policies, procedures and standards.
Evaluate existing building and staff to determine proper staffing levels and scheduling for all
cleaning procedures.
1 Full time working Supervisor and 3 -4 part time support staff to work during events and
help with deep cleaning as needed..
There are 11 bathrooms. Cleaning staff Is currently scheduled from the start of the
event to the close of the event. Change to 15 minutes after the event starts to the
30 minutes after the event Is finished. That is when the rest rooms are the worst.
Housekeeping staff should be scheduled to completely clean them once all guests
have departed. The next morning, double check and deep clean them as needed,
and secure the rest room.
1. it Is the Concession workers responsibility to clean the area in front of the
concession stands and wipe off tables..
2. Lobby: there are only 7 pieces of paper for the thousand people that attended the
event.
3. Restrooms he was in there 45 minutes ago and couldn't get Into clean bemuse
women were in applying makeup for the competition and he couldn't kick them out,
1, interview and hiree applicants for Grand River Center housekeeping positions.
A top candidate for the supervisor position would need floor care custodial experience
and hands on attitude.
40
2. Train all existing and new housekeeping positions on new standards and procedures.
3. Develop weekly schedules and determine staffing levels based on GRC events.
_ Work with Manager on duty using the Events list. Submit. the schedule to him / herand
asked that it is reviewed to make sure the procedures are done correctly.
A. Try to schedule gender specific for events at the GRC, whether male or
female rest rooms would be higher use.
B. Schedule longer time after the event so the rest room will be cleaned well
after the event.
C. Schedule a deeper cleaning the day after.
4. Develop a weekend cleaning schedule of public areas and bathroom cleaning and develop a
staffing guideline for wedding weekends and special events,
S. Communicate with GRC staff daily on any pop up events, changes to events that would affect
cleaning schedules.
6. Work with GRC set -up staff on proper pre and post event cleaning to assist in building
cleanliness.
7. Develop a complete list of cleaning chemicals, establish a proper par level and provide a detail
protocol for their usage.
AREAS TO CLEAN
FIRST FLOOR:
Female Employee Rest Room/Locker rooms
Male Employee Rest Room /locker rooms
Break Room
Employee Stairwell
Employee Hallway
Exhibit Hall
Female Exhibit Rest Rooms
Male Exhibit Rest Rooms
Registration Desk
Coat Room
Exhibit Family Rest Room
Exhibit Hall Store Room
Elevator
Garage Entrance
Female Administration Rest Rooms
41
Male Administration Rest Rooms
Office
Conference Room
Business Center
Lobby area
Main Entrance
Stairs
Escalators
SECOND FLOOR.
Lobby Area
Female Spine Rest Rooms
Spine Family Rest Room
Male Spine Rest Rooms (Housekeeping closet)
Coat Closet
Meeting Rooms 1.3
Bridge
Stairwell next to the Bridge
Meeting Rooms 4 — b.
Pre Function (Along East Side Windows)
River Walk Entrance
Ballroom Salon A & B
Female Ballroom Rest Rooms
Ballroom Family Rest Room
Housekeeping Closet
Male Ballroom Rest Rooms
Green Room
Service Corridor
THIRD FLOOR:
Stairway to 3rd
Hall and lobby area
River Room
42
Grand River Center
Housekeeping
Operations
GRAND RIVER CENTER
DAILY HOUSEKEEPING OPERATIONS:
SCHEDULE:
The schedule is posted every Friday for the following two weeks. The schedule is subject to change. Cheek
it daily. Request off forms are due 2 weeks in advance of the posted schedule, Vacation requests 1 month
in advance. If you arc unable to work your shift after the schedule is posted, you need to find someone to
trade with in a manner that doesn't incur overtime and have it approved by the supervisor.
CALLING IN:
If you are unable to work your shift, it is your responsibility to find a replacement in a mmtuter that does not
incur overtime, call your supervisor and the manager on duty, and leave a voice mail in the housekeeping
dopartrnent, reporting the change in schedule, along with a phone number to reach you The direct number
is 563 -690 -3291. If you are unable to work and cannot find a replacement, you need to call In ; boars
before your shift beaus_ or the absence h unexcused.
UNIFORMS:
- Solid Color Grand River Center Polo Shirts:
Name tag - Sturdy black shoes in good condition
Pants: Khaki pants (no jeans or holes),
PARILNG:
Employee parking is located on the third level of the parking ramp next to the Cnaino. Employees arc not
allowed to park in guest parking, or along 5'h Street for any length of time,
EMPLOYEE ENTRANCE:
Employee entrance is located on the North East confer of the building in the parking garage. All hourly
employees and temp help must use this door when entering and exiting the building. The door is unlocked
from 6 :00 A.M. to 6 :00 P.M. If friends or family need to contact you during your shill, they need to contact
the main office at 563-690-4500
PERSONAL ITEMS:
All cell- phones, pagers, radios, CD player, coats and purses should be secured in your car or left at home. If
they are brought to work, they must be secured in a locker in the locker room until the end of the workday,
You need to bring your own personal lock,
SMOKING:
idd n n an are
ed
r
breaks are 3 times a day: Before you punch in for the start of your shift, duri
you punch out at the end of the day.
e e _' Smoke
your lunch break, and after
LOST AND FOUND:
Last and found is located in the Main Office. If you are looking for an item or find an item, contact Sherry.
If it is after hours, imniesdiately turn the stern over to the Manager on duty.
44
PREPARING TO WORK:
START TIME: Staff is required to be ready to report at the assigned start time. Punch in no sooner than 5
minutes before start time Cheek the ftsignrnent board (white dry -erase board) in the First Aid
room/Housekeeping storage for special instructions, areas duc for deep cleaning, clipboard, and a sheet for
documenting the cleaning duties,
KEYS: Pick up your dispenser keys from the hook in the First aid office. They must be returned at the end
oldie shin, if a key is taken home, you will be required to return the key immediately.
VACUUM; Check your vacuum bag. If the bag is more than % full, change and date the new bag. Make
sure you have a spare bag for your cart.
RAGS: Use a small trash bag for cleaning rap, or lay them flat on your cart. Use a small trash can liner
for used rags. At the end of your shift, you will be taking the bag over to the Grand Harbor and exchanging
theta for clean rags
SUPPLIES:
Check the board in the First Aid Room to see if the Area you are going to be cleaning needs any
supplies, and bring them up with you.
Lad all the carts and closets at the beginning of the shift using the list left on the dry erase board from
the previous shift. It is critical the list is left so the correct amount can be taken to the closets the next
day for stocking, We need to avoid running supplies when the Grand River Center is full of guests,
As you are working out of each closet, keep a list of supplies that are going to be needed to resupply the
closet the next day. You can restock at the end of your shift if you have time and there are no guest
functions going on. Leave a note that all areas are stocked and nothing is needed, along with the date.
PRIORITIZING WORK LOAD:
The most important part of your job is keeping the areas clean for the guest, entry ways,
public areas and rest rooms outside trash and cigarette butts.
1. Check the schedule to see what events are taking place for the day,
2. Make a note ofthe break tithes. Rest rooms need to be cleaned 15 min before break
immediately after breaks,
3. Deep clean other areas during breaks. If there are no events, it will be a deep
cleaning day all day. Areas are deep cleaned on a rotating bases.
• Restroorrrs: Weekly usually Monday.
• Meeting Rooms and Corridors: Monthly
Do n quick spot check rest rooms and corridors to see if any areas need immediate attention. Any dirty
glasses cans or bottles sitting around need to be picked up and taken to the service corridor. Start with the
entry ways, checking trash and picking up cigarette butts.
45
AREAS TO CLEAN
FIRST FLOOR
Female Employee Rest Roorn/Locker rooms
Male Employee Rest Room/Locker rooms
Break Room
Employee Stairwell
Employee Hallway
Exhibit Hall
Female Exhibit Rest Rooms
Male Exhibit Rest Rooms
Registration Desk
Coat Room
Exhibit Family Rest Room
Elevator
Garage Entrance
Female Administration Rest Rooms
Male Administration Rest Rooms
Office
Conference Room
Business Center
Lobby area
Main Entrance
Stairs
Escalators
SECOND FLOOR:
Lobby Area
Female Spine Rest Rooms
Spine Family Rest Room
Male Spine Rest Rooms (Housekeeping Closet)
Coat Closet
Meeting Rooms 1 -3
Bridge
Stairwell next to the Bridge
Meeting Rooms 4 — 6.
Pre Function (Along East Side Windows)
River Walk Entrance
Ballroom 1, 2
Female Ballroom Rest Rooms
Ballroom Family Rest Room
Housekeeping Closet
Male Ballroom Rest Rooms
Green Room
Service Corridor
46
GENERAL CLEANING:
When cleaning a room, Mart high and work tow, at the beck of the door and work your way around the room
so nothing is missed.
-VEiS HfH DUSTING COB WEBS: Use feather duster on vents and cobwebs on corners of walls,
light fixtures, mom signage, including the numbers far above room 3 & 4 where the vent blows on them,
around all stone pillars, along the wall in the exhibit hall where stone meets drywall. Check these places on
a daily bases,
FLATSCRRBN TVs/MONITORS: Use a feather duster to clean the top and around the back & sides of
the flat screens TV's and monitors. If they need to be wiped, flick sprinkles of WATER on the screen
without letting water run down into front of the. unit. GENTLY wipe with the special cloth provided, Wipe
the semen top to bottom, left to right. Stand back to check for streaks..
-PIC " RES MIRROILS. SIONAGE: Clean off the top of the pictures, mirror, light fixtures, and signage
with a high duster. Spray a small amount of GLASS CLEANER directly on a cleaning cloth or directly on
the mirror sparingly!! (Do not let the glass cleaner run to the edges of the mirror) Clean from left to right
top to bottom, Stand back to double check for spots and streaks. Use care when wiping down signage,
Vinyl letters come off easy and will ruin the sign.
WINDOWS: Spray 2.3 squirts of glass cleaner directly on the window. Wipe top to bottom, left to right.
Make sure the sills are clean and dry.
-LOBBY: Elevator is wiped down inside and out and the table picture are dusted;
-HALLWAY: Wipe down the light fixtures, exit lights, cabinets, vacuum, hall, and landings,
- DOORS: Spray and wipe down the door and polish it dry and streak free. Carefully clean off any black
marks with magic erasers. Polish the stainless steel chrome; Weekly, wipe down wooden doors with
murphy Oil Soap, Check the door for spot and prints. Usc touch up markers as needed.
- QATJ .ACKS: On weekly bases, wipe down the coat racks.
SOFAlchairrs ' the obb+r arias: Check daily to snake sure they are stain free. Dust off the legs. Make
sure there are no crurnbs in the cracks.
:LAMPS: Lampshades need to be clean and straight with the seam towards the wall. Do not spray any
chemicals on the lampshades, (it stains them.) Brush them offwith a clean dry cloth. Make sure the light
bulbs work.
^DESK/CfiN1+BlleN,C OOM TABLE / GLASS LOBBY TABLES: Spray and wipe with Spic & Span
or glass cleaner. Wipe until dry.
47
-ilbauT: Wipe it out, leave two liners in the bottom of the container, tie a small knot in the top of
the bag so the liner stays snug. Make sure all the air is out of the liner so the bag can be filled to capacity
without the liner falling in the can Outside trash receptacles need to be hosed out on a weekly bases as
weather permits.
-11EA 1J 4 i 1NITS: Wipe off the front tops daily, Use a vacuum cleaner with a hose to vacuum under the
unit. Clean the vents weekly make sure there is no debris in the unit.
In the large meeting rooms, ball room and exhibit hall, the vent cleaning needs to be coordinated with
maintenance on a monthly bases using the lift.
-UNDER THE FURNITURE: Pull out moveable benches and vacuum the area. Make sure there are no
pills, M &M's, etc.,, High duster works well for pulling items from behind furniture,
YACUUMINth Make sure to vacuum all areas including the bridge. Use the vacuum with a hose to get
along the edges of the walls, and stone pillars. Before you start check the vacuum bag. Make sure there is
good suction and the roller moves freely. Pull out furniture as needed. Go at s reasonable pace to do a
thorough job. Too fast and the vacuum can't pick up everything. Watch for spots that will need to be
extracted.
You are the first inspector for the areas you clean. Walk through as if you are the guest coming in to the
Grand River Center for the rust time. We want you to be impressed, and find the areas flawless upon
arrival. When a manager checks your area, you need to respect what they have to tela you and fix the issue.
Use the feedback to raise your awareness to the quality of your cleaning.
CLEANING IN THE BATHROOMS
Keep the cart parked outside the rest room you are cleaning while there are events going on. Keeping
the hallways as clear as possible. Write down the time you are entering the rest room to begin cleaning.
•Pi$TY GLASSES can & bottles: When stripping trash from the rostroom:t, dump any liquids in the toilet
or sink to avoid leaky bags. Glassware needs to go to the service corridor,
-LOST AND TOUN1) When items are found, radio the manager on duty to turn the item over to them.
This is important in case they arc notified by n guest they lost something. At the end of the day, all items
need to go to the office and turned into Sherry.
- SUPPLIES: Start with loading the dispensers and replenishing supplies: Soap, Kleenex, paper towels,
toilet paper, baby changing pads, toilet tissue, wax bags.,,,
-1E6,511., Pull the trash can liners and pick up trash from around the room. if trash cans are dirty, spray
them down with disinfectant and wipe them clean. There should be at least two spare liners in the bottom of
every trash can so anyone is able to pull out a full liner and have a replacement ready to ga. Excess trash
needs to be taken to the service corridor or stored in the janitor's closet away from the sight of the guests
48
and disposed defter the event. Keep a large roll of liners on the housekeeping cart to change your bag as
needed, _ , ..+ :•.+ . ► ti
dispose".
-C,OUNTERTOP AND MIRROR Start at the top and work your way down, high dust the light fixture.
Clean the mirror from left to right top to bottom, Stand back to double check for spots and streaks. Spray
down the counter top with the Spic & Span cleaner. Wipe the bncksplash and ledges, Ilse a tooth brush to
clean the inside rim of the sink and belly button of the sink. Wipe out the sink. Spray and wipe down the
front of the counter. Wipe dry, Polish the chrome making sure it is streak free.
': Spray down the tank, the lid, seat top and bottom, inside bowl, the front back and sides of the
base, and the screw covers with Comet disinfectant. Swap inside the bawl, especially under the rim where
black builds up under the rim. Wipe down all sides of the toilet. Make sure the toilet seat is secure and
flushes properly. Make sure no cleaning chemicals are left in the bowl. Place the scat in the down position.
Wipe out the insides attic 'EP dispenser to remove dust build up then point the end of the last sheet so the
guest knows it was attended to. Check walls for spots especially around the toilet.
- URINALS: FIush the urinal. Using gloves, set the urinal screen in the next urinal. Use the bowl brush and
clean out the drain in the urinal. Spray entire urinal down including sides and underneath, Wipe
completely. Spray down the wall around the urinal and wipe dry. Shine the chrome. Replace screens every
4 weeks or more often as necessary.
-TRASH CAN Wipe it out leave two liners in the bottom of the container, tie a small knot in the top of the
bag so the liner stays snug. Make sure all the air is out of the liner so the bag can be filled to capacity
without the liner failing in the can.
-; Kneel on a batlunat or cleaning cloths. Spray the floor with Spic & Span cleaner. Start in the
back comer wiping down the baseboard and behind the toilet and under the sink. Use a mop on the rest of
the floor using care to get behind the door.
- ,INSPECTING YOUR WORK: Before leaving the area, do a walk through to double check for anything
missed, especially under the counters and fixtures, spots on the walls, windows/mirrors, behind the doors on
the stall as well as the restroom door, no cobwebs around the ceiling. It may seem silly, but you may be
surprised by what you may have overlooked. Spray I squirt of air freshener In the trash can liner,
Complete the final cleaning. Report 10 the Man 3 ,er on Duty, l lave them check the restrooms and lock
them, Complete any additional cleaning assigned to you.
LI NChlil BREAK:
- Turn in any found Items to the office, Refill bottles, Empty cleaning rags off your cart. Empty the
trashcan liner. Keep your curt neat and clean so it is more pleasing for the guests.
49
Staff is allowed to be away from there assigned work area for 30 minutes for lunch. Your break includes
the time spent smoking, using the rest room, eating, phone calls, etc. The break room is equipped with a
refrigerator, microwave, snack and pop machine. Please he considerate of others and clean up after
yourself.
-You need permission from your supervisor to leave the building for lunch, You must swipe out when you
leave and back in when you return.
- When you are finished with break, take any supplies you need to finish the day, then head back to your
areas to clean.
FINISHING THE DAY:
Closets: Bring down any items in the closet that don't belong. Neatly stock the carts with any needed
supplies.
Chemicals: Bring your bottles to the Housekeeping closet by the locker room and refill them. Return
them to the cart. Use only the correct product in the correctly labeled bottle!
Trash: Clear your floors by bringing down any remaining trash (put in the compactor). -Take your trash
to the compactor, immediately after removing it from your cart. If your bag leaks, you need to mop the
hallway all the way to the dumpster. Let the supervisor know if there are any issues with the dumpster.
Rags; Dirty rags need to be taken to the Grand Harbor at the end of the shift, and clean ones brought
back for the next day. Rip open the plastic bag and dump them into the metal trash can in the laundry
room behind the first washer next to the 4 pails of laundry chemicals. Throw the bag in the trash can at
the front of the first washer next to the spotting chemicals. Pick up clean rags in the folding area near
the door on the left in a white cloth bin.
Use the cart to transport supplies needed for the closet. Return the Housekeeping cart to the correct
closet and supply the shelf. Make sure and the lights are off and the closet door is secured. If any cart
or closet is short supplies, make sure you leave the list on the dry erase board in the First Aid Room for
the person working the next shift,
Make sure all lost and found was brought to the office, bagged, tagged with date and location it was
found.
Hang your keys in the appropriate location in the First Aid Room, If you accidentally take it home, it
must be returned immediately. Put your paperwork in the completed box. Hang the clipboard in the
appropriate spot on the wall.
Ask the Supervisor or Manager on Duty if there is anything else that needs to be done.
Swipe out!!
50
SUMMARY:
The systems of stocking earls and closets arc dceigned for a antoeah flow of work. Everyone needs to follow through with the
procedures, With everyone following the procedures„ the day will go smoother and we will be more productivat
Before you ask to lave for the day, all your responsibilities must be taken tare of. If duties are not complete it la your
responsibility to conununkatc with your supervisor as to why they were not completed. When permission is granted to leave,
swipe out at the thue clock, Any overtime needs to be pre-approved by your supervisor.
-I understand that if I leave work without completing my dirtiest ara subject to disciplinary action for attendance because It
Is considered leaving tarty.
4f problems arise from work not being completed ming the procedures and standard, written warnings can result,
4 have received t, copy of the Housekeeping Handbook dated 0001/13. I have read and understand the assigned duties,
This handbook is subject to updating as procedures are changed,
Nance
Housekeeping Supervisor
SUMMARY:
Date
Date
The systems of stocking cads and closets are designed for a smooth flow of work Everyone needs to follow through with the
procedures, With everyone following the procedures, the dry will go smoother and we will be more productive!
Before you risk to Icave for the day, all your responsibilities must be taken rare or. If duties are not complete, it Is your
responsibility to communicate with your supervisor as to why they were not completed. When permission is granted to leave,
swipe out at the time clock, Any overtime needs to be pre - approved by your supervisor.
4 understand that if 1 leave work without completing my duties I ant subject to disciplinary action for atioudence because it
is considered leaving early.
-If problems arise from work not being completed using that procedures and standard, written warnings can result,
.1 have received a Copy of the Housekeeping Handbook dated Cstf01 /13. I have read end undotatand the assigned duties.
This handbook Is subject to updating as procedures are changed:
Name
Housekeeping Supervisor
51
GRAND RIVER CENTER CLEANING
Rooms: DAILY (after each event): offices weekly
Clear Equipment
Clear Tables and Linen
Clear Trash
Take down Tables
Vacuum the Room
Ca .e ed Rooms: Report an stains for cleaning.
Floors: Clean the edges where tile meets carp et
Tile Floors: Mop with a neutral cleaner
Wipe down fabric walls with a damp cloth to remove dirt,
Spot clean the fabric walls with resolve stain remover.
Wood Doors & Panels Remove black marks carefully with magic eraser
Wood Doors & Panels touch up scratches
Wood Doors & Panels wipe doors with Murphy oil soap with the grain dry with a cloth so they aren't streaky.
Check light bulbs for maintenance issues.
Check for stained ceiling tiles that need painted or replaced.
Spot Clean Windows
Check Vents to see if they will need to be cleaned
ALL Bathrooms: DAILY
Check the vents. High dust vents and light fixtures
Clean the mirrors
Wipe down the counters
Wipe down the baby changing station
Wipe down stainless steel
Wipe down all surfaces of the porcelain, especially behind. Use a bowl brush.
Wipe down Wall behind the fixtures
Spot clean the ' artitions, wipe down the napkin dis 4osais and change out the wax bags.
Refill the dispensers and Empty the trash, changing the liners,
Mop the Floor, using Wet Floor Signs.
WEEKLY IN ALL AREAS:
Windows: Spray and Wipe the windows, dust the ledges
Vents: Check Vents to see if they need vacuum log or if ceiling tiles around vents need vacuuming.
Stalneless Steel: Wipe with a light coat of baby oil and polish. (doors, elevators, fountains, bathrooms...)
Fabric Walls: Vacuum fabric walls to remove dust.
Benches: Wipe them down with Murphy's oil soap.
Benches: Remove any gum or foreign objects stuck to the bottom. Wipe down brackets,
Vacuum along all walls with a crevice tool
Bathrooms: Remove all tissue and vacuum or wipe out receptacies,
Bathrooms: WI •e down all the walls and partitions, hinges
Elevator: Clean the tracks on the inside of the elevator and on all floors with a bristled brush.
MONTHLY IN ALL AREAS:
Vents: Vacuum ceiling tiles around vents, vents and intake vents.
Ceilings: High Dust corners, Light fixtures and wires, in the can lights..
52
Ceilings: Wipe down light fixtures, Do not use a damp rag on a hot bulb!!
Ceiling: Replace Ceiling tiles as needed
Walls: High Dusting Ceiling/ wall Corners of the wall, Tops of the windows
Walls: Nigh dust all fixtures on the wall (pull stations, sconce lights —)
Elevator: Clean above the lights in the elevator
53
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Grand River Center Management Agreement Extension
DATE: April 11, 2013
Dubuque
* * * * *!
AD- America City
11111
2012
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 ends April 25,
2013.
The City is currently negotiating a new agreement with Platinum Hospitality Group, LLC,
with completion expected within the next 30 days.
respectfully request Mayor and City Council approval of a temporary extension of the
existing agreement.
.oriA44 P/;4014-y„_
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Marie Ware, Leisure Services Manager
/7 J
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 thei5thday of April, 2013.
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 4th day of June, 2001; and
Whereas, the parties now desire to amend the Agreement as set forth herein:
1. Par. 13 is amended to read as follows:
13. Term and Termination. The term of this Agreement shall be for a ten (10)
year and one (1) month period commencing six (6) months prior to the date of the
opening of the Facility (the "Commencement Date "). After the first three (3) years of the
operation of the Facility, this . Agreement may be terminated by either party hereto,
without cause, upon six (6) months notice to the other party. Either party shall have the
right to terminate this Agreement upon sixty (60) days notice in the event of a material
breach by the other party, provided the party receiving the notice shall have thirty (30)
days from receipt of the notice to cure the default. Upon termination, all obligations of
the parties hereunder shall cease.
2. This amendment is subject to the approval of the City Council of the City of
Dubuque, Iowa.
CITY OF DUBUQUE, IOWA
By:
By:
0.
Roy D %: uol, Mayor
Ke Firnstahl, City Clerk
PLATINUM HOSPITALITY GROUP, LLC
By.
es P. Rix, lean ger
Date: April 15, 2013 Date: "Wg
041113maq
Preparer: Maureen A. Quann, Esq. Suite 330, Harbor View Place, 300 Main Street, Dubuque, IA 52001 (563) 583 -4113
RESOLUTION NO. 117 -13
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,
Iowa (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 City and the Manager now desire to extend the term of the
Agreement for one (1) month; and
Whereas, City and Manager now desire to amend the existing Facility
Management Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the amendment to 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 amendment to the
Agreement on behalf of the City of Dubuque.
Attest:
Passed, approved and adopted this 15th day of
de'
Ke 'n S. Firnstahl, City er
STATE OF IOWA
COUNTY OF DUBUQUE
SS
April , 2013.
Roy D. ol, Mayor
On this l5 th day of April ,2013, before me a Notary Public in and
for said County, personally appeared 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.
-111@1=1L. (1LeASON
Commission Number 719986
My Commission Expires
Notary Public in and for Dubuque County, Iowa
FACILITY MANAGEMENT AGREEMENT
THIS FACILITY MANAGEMENT AGREEMENT (the "Agreement ") is made and entered into as of
this 4th day of June, 2001, by and between The City of Dubuque, Iowa (hereinafter referred to as "City") and
Platinum Hospitality Group, LLC (hereinafter referred to as "Manager ").
WITNESSETH:
WHEREAS; the City plans to construct a conference and education center facility located in the Ice
Harbor Urban Renewal District located in Dubuque, Iowa (the "Facility"); and
WHEREAS, the financial and operational success of the Facility is of the highest importance to the
City; and
WHEREAS, the Manager desires the exclusive right and privilege of managing the Facility; and
WHEREAS, The City is unable to provide these services to its attendees and patrons through its own
personnel and facilities and the Manager is experienced and skilled at providing these services;
NOW THEREFORE, in consideration of the premises and of the terms, covenants and conditions
hereinafter contained, it is agreed as follows:
1. Retention of Manager. 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. "Facility" shall
mean the conference and education center facility and grounds shown on Exhibit A, attached hereto, but shall not
include the parking structure at the grade level of the Facility nor any parking structure that is not attached or
affixed to the Facility.
Subject to the terms and conditions set forth herein, the Manager agrees to provide the management
services for the Facility in accordance with this Agreement and consistent with reasonable policies approved by
the City. The Manager shall use its best efforts to maximize revenues in the marketing, operating and
management of the Facility.
2. Management Rights. The City hereby grants to the Manager the exclusive right and license,
subject to the terms and conditions contained herein to:
(a) Operate, manage, market, and arrange programming for the Facility.
(b) 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 shall include the exclusive right to provide and sell
alcoholic beverages.
(c) Provide all services required for the management, use and operation of the Facility, including, but
not limited to, all of those 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.
(d) Charge admission to patrons of all events held at the Facility and to charge for use of the Facility.
3. Capitalization of Facility.
(a) Six months prior to opening of the Facility (the "Capitalization Date "), the City shall provide $243,949
(the "Capitalization Amount ") to capitalize the Manager's Facility Operating Account (the "Operating Account ").
On the one year anniversary of the Capitalization Date, the Capitalization Amount shall be increased by the CPI -U,
up to but not to exceed a three percent (3 %) adjustment, and the City shall contribute such increased Capitalization
Amount to the Operating Account. On the second and each succeeding anniversary of the Capitalization Date
thereafter, the City shall contribute an amount (the "Hotel/Motel Amount ") equal to 50% of the actual Hotel/Motel
tax generated by the Hotel (adjacent to the Education and Conference Center) in the previous twelve month period
(Fiscal Year defined as the twelve month period beginning on the Capitalization Date and each anniversary date
thereafter).
(b) Six months prior to the opening of the Facility, the City shall, in addition to the Capitalization Amount,
provide and contribute $396,000 (the "Start Up Costs ") to the Operating Account to reimburse the Manager for start
up costs associated with opening of the Facility.
(c) In addition to the payment of the Capitalization Amount and Start Up Costs provided for in Section 3(a)
and Section 3(b) respectively, on the first and second anniversary of the opening date of the Facility, the City shall
contribute to the Operating Account an amount equal to the actual annual operating deficit, as determined by an
accounting firm mutually agreed to by the Manager and the City, of the Facility for the prior twelve (12) month
period (the "Deficit Amount "), less the annual Capitalization Amount payment from the City during that twelve
month period, but not to exceed the immediately prior year Capitalization Amount payment pursuant to paragraph
(a).
The following payment schedule assumes an opening date of January 1, 2002 for the "Facility".
Effective Date Reference Amount and Conditions
July 1, 2001 (3a) $243,949 to capitalize Operating Account
(Capitalization Amount)
July 1, 2001 (3b) $396,000 for start up costs
January 1, 2002 Opening of Facility for operations
July I, 2002 (3a) 7 -1 -01 Capitalization Amount times the
CPI -U adj. up to 3% ($251,267.47 max.)
February 1, 2003 (3b) Deficit Amount from 1 -1 -02 to 12 -31 -02
less 7 -1 -02 Capitalization Amount
(Deficit Amount to be determined
by Accounting Firm) not to exceed July
1, 2002 Capitalization Amount
July 1, 2003 (3a) Hotel/Motel Amount (An amount equal to 50% of the actual
Hotel/Motel tax generated by the Hotel in the previous 12 month
period).
February 1, 2004 (3b) Deficit Amount less 7 -1 -03 Capitalization
Amount (Deficit to be determined by
Accounting Firm) not to exceed
July 1, 2003 Capitalization Amount
July 1, 2004
and every July1
thereafter through
July 1, 2011
(3a)
Hotel/Motel Amount (An amount equal to
50% of the actual Hotel/Motel tax generated
by the Hotel in the previous 12 month
period).
(d) All revenues generated by the Facility shall be deposited in the Operating Account and shall be subject
2
to the control and direction of the Manager.
4. Management Responsibilities. Except as otherwise provided in this Agreement, all aspects of the
management, use and operation of the Facility shall be the responsibility of the Manager including, without
limitation the following responsibilities:
(a) Subject to Section 3, the Manager shall be responsible for all operating costs and expenses of the
Facility including all costs and expenses incurred in connection with the management, marketing, use,
occupancy and operation of the Facility. The Manager shall prepare and submit to the City Manager, prior
to November 1 of each year, an annual budget for the Facility. The annual budget shall be submitted to the
City Manager for informational purposes and shall not be subject to the approval of the City. The Manager
shall operate the Facility within the scope of the budget or any amendments thereto which the Manager has
previously submitted to the City Manager. The Manager shall have access to and complete control over the
Operating Account and shall use such funds in the Operating Account to pay operating costs and expenses
of the Facility.
(b) The Manager shall operate and conduct all operations of the Facility with the objective that all
persons who patronize the Facility shall be treated in an orderly, safe and courteous manner.
(c) The Manager shall act in accordance with prevailing industry standards to prevent any nuisance or
hazardous activity to occur at, on, about or within the Facility. The Manager shall 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, shall not engage in any
activity that may cause reasonably foreseeable damage to the Facility or persons.
(d) The Manager shall be solely responsible for safety, security and maintaining good order within the
Facility at all times. The Manager shall take and shall cause all 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.
(e) The Manager shall use commercially reasonable efforts to ensure that its personnel and all
subcontractors observe and obey laws in connection with all of their work at or about, or otherwise
involving the Facility.
5. Marketing Responsibilities. The Manager shall direct all marketing activities. The Manager shall
develop and implement a promotional plan for the Facility that shall be submitted to the City, for information
purposes only, within 120 days after the date the City provides to the Manager evidence of funding for the
construction of the Facility. The plan shall be reviewed and updated by the Manager and submitted to the City
Manager once each year. The plan shall be submitted to the City Manager for informational purposes and shall not
be subject to the approval of the City. The City agrees to cooperate with the Manager to obtain the support of the
Chamber of Commerce Convention and Visitors' Bureau in the marketing of the Facility, including, without
limitation, the commitment of the Visitors' Bureau to provide at least one senior marketing person dedicated to
marketing the Facility to national and regional groups in cooperation with all local hotels and attractions.
6. Scheduling Responsibilities. The Manager shall develop and maintain all schedules for events
held at the Facility and shall be accomplished in a manner to maximize the use of the Facility. The Manager shall
use an event rental agreement acceptable in form to the City. The Manager is authorized to negotiate rental
agreements for the Facility.
7. Employee Management Responsibilities. The Manager shall have the following responsibilities
with respect to the management of the staff and employees of the Facility:
3
(a) The Manager shall have sole responsibility for, and the sole right to control and supervise 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.
(b) The Manager shall determine staffing needs for the operation and management of the Facility and
shall be responsible for providing personnel to fulfill such positions and shall determine the terms and
conditions of their employment/engagement and shall be responsible for paying all compensation and
benefits.
(c) The Manager shall assign an operation manager to oversee the services to be provided under this
Agreement. The operation manager shall be capable of and responsible for assuring the integrity of the
services provided by Manager as required by this Agreement. The Manager shall promptly notify the City
Manager of the selection of the operation manager of the Facility.
(d) The Manager shall employ, train and supervise all personnel who will be providing any services by
the Manager in connection with the purposes of this Agreement. All such personnel shall have appropriate
qualifications and experience and be in sufficient numbers to provide all services for the operations under
this Agreement.
(e) The Manager shall address all employee training needs and conduct regularly scheduled training
programs for the personnel who will be furnishing services for the Facility.
(t) The Manager shall take reasonable steps and shall 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.
(g) The Manager shall be responsible for providing all personnel necessary to set up, operate, and
clean the Facility.
(h) 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, national origin. disability, or status as a disabled veteran. The Manager
shall post in conspicuous places within the administrative offices at the Facility, which shall be 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 shall state that it is an equal opportunity employer.
(i) The Manager shall 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.
8. Operational Maintenance Responsibilities. Except as provided below, the Manager shall have the
following responsibilities with respect to the operational maintenance of the Facility:
(a) The Manager shall repair, replace, clean, paint and provide normal day -to -day maintenance and
repair as necessary to all equipment and leasehold improvements located in the Facility.
(b) The Manager shall deposit in receptacles provided by the Manager all waste, garbage and refuse
which shall accumulate in the Facility and shall keep the Facility in a good, clean and sanitary condition.
Foodservice trash and garbage removal from or generated by the Facility shall be the sole responsibility of
the Manager.
4
(c) The Manager shall provide all routine day to day custodial and ordinary maintenance services
required to maintain the interior and exterior of the Facility in good, safe, clean and sanitary condition and
order throughout the term of this Agreement. The City shall be responsible for all replacement, repair and
other maintenance of the interior and exterior of the Facility. The Manager shall 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. Ordinary maintenance
and individual repairs costing less than $1,000 shall be made by the Manager up to an aggregate in any
fiscal year of $15,000. The City shall be responsible for repairs or maintenance in excess of $1,000
individually and $15,000 in the aggregate in any fiscal year. The Manager shall prepare a rolling five year
capital improvement budget for the Facility and make a recommendation to the City Manager and the City
shall fund and make the capital improvements as approved by the City Council in the capital improvement
budget.
(d) The Manager shall keep in force all maintenance and service contracts including but not limited to
telephones, fire extinguishers, air conditioners, Simplex clocks, fire alarm system and sprinkler system. The
City shall cooperate with the Manager to provide the Manager with the benefit of any maintenance or
service contracts the City may be a party to.
(e) The Manager shall maintain a schedule of all needed repairs known to the Manager including
capital improvements and/or replacement. Said schedule shall be provided to the City Manager not later
than November 1 annually,
(f) Except as otherwise provided in this Agreement, the Manager shall be 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. Notwithstanding the foregoing, the City shall (i) be responsible for all exterior maintenance and
all property, casualty and liability insurance related to the Facility, and (ii) share equally with the Manager
all electric, gas and power expenses related to the Facility and the at grade parking structure.
(g) The Manager shall 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,
which shall not be unreasonably withheld. The Manager shall 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.
9. Food Product Management. The Manager shall have the following responsibilities with respect to
the food product management of the Facility:
(a) The Manager shall manage all appropriate food and beverage requirements necessary to fulfill the
purposes of this Agreement.
(b) The City shall not be 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.
(c) During all events at the Facility where there are concession sales, the Manager shall post signs and
provide menus advertising the prices of all items offered for sale.
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10. Operation Plan. The Manager shall at least annually develop and submit to the City and at all
times have in effect an operation plan ( "Operation Plan") 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
the purposes of this Agreement. The Operation Plan shall cover and include but not be limited to the following
matters:
P. Maintenance, repair, replacement and usage of the equipment and leasehold improvements.
B. Prices of the food, beverages and services being provided at the Facility.
Q. Menus and items offered for sale.
D. Use of equipment and leasehold improvements.
E. Rules and regulations relating to the sale and distribution of food and beverages.
F. Sponsorship, advertising and promotion of the Facility and the services being provided pursuant to
this Agreement.
G. The method, type and form of the financial records to determine the payments to be made by the
Manager under this Agreement.
H. Usage of "logos ", on menus, cups, napkins and the like used in conjunction with the providing of
food and beverage for an event.
I. Sanitation and cleaning guidelines.
J. Off -site sales of food and beverages in conjunction with an event.
K. Scheduling the usage by the Manager of the Facility or any of its facilities.
L. Crowd control.
M. 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.
N. Operation Standards.
O. Entrance procedures for employees working an event.
P. Procedures to address revenue sharing and sponsorship opportunities for selected events at the
Facility.
Q. Procedures for selecting contractors and vendors.
11. Improvements. Improvements for the Facility shall be as provided below:
(a) The City shall provide at its sole cost and expense a turn key convention facility that shall include
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. The equipment and location for the installation of
the same shall be mutually agreed upon by the City and the Manager Replacement of non - capital equipment shall
be the responsibility of the Manager. For purposes of this Section 1 I, non - capital equipment shall mean any non-
capital equipment as defined by generally accepted accounting principles.
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(b) The City shall be responsible for capital improvements to the Facility. Capital improvements shall
be expenditures that are of a long -term character and as defined by generally accepted accounting principles. The
Manager shall not later than November 1 annually provide the City Manager with a five year capital improvement
plan that shall propose capital improvements of the Facility.
(c) The Manager shall not permit any waste, injury, or damage upon or to the Facility, ordinary wear
and tear excepted. At the expiration of this Agreement, the Manager shall leave the Facility in at least the same
condition that existed at the commencement of this Agreement ordinary wear and tear excepted. All equipment
shall be the property of the City at the termination of this Agreement.
(d) The Manager shall 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.
(e) The Manager shall 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. The Facility shall 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 shall not be deemed 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.
12. Permits, Licenses, Taxes. The Manager shall apply, procure and pay for and maintain all permits
and licenses that are required or necessary for the management, use, occupancy or operation of the Facility. The City
shall fully cooperate with the Manager with its efforts as they relate to licenses and permits and shall execute any and
all agreements, instruments and documents and take such actions to accomplish these purposes. The Manager, if
required shall 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 Iowa Sales and Use taxes
on admissions, if any. The Manager shall cause a statement substantially similar to the following to be 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 shall look solely to the Manager for all claims and damages
arising out of this Agreement, and that it shall have 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."
13. Term and Termination. 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 "). After the first three years of
the operation of the Facility, this Agreement may be terminated by either party hereto, without cause, upon six (6)
months notice to the other party. Either party shall have the right to terminate this Agreement upon sixty (60) days
notice in the event of a material breach by the other party, provided the party receiving the notice shall have thirty
days (30) from receipt of the notice to cure the default. Upon termination, all obligations of the parties hereunder
shall cease.
14. Operating Profit. The Manager shall be entitled to retain and pay itself from the "Operating
Account" at the end of each 12 month period beginning with the first anniversary date of the opening of the Facility,
any profits or income from the Facility in excess of the expenses of the Facility as determined by an accounting firm
mutually agreed upon by the Manager and the City.
15. Inspections. Upon reasonable prior notice to the Manager, the City shall have the right to 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.
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16. Records. The Manager shall maintain books and records for the services provided under this
Agreement and said books and records shall be open for inspection by the City or its designated representative at
reasonable times during the term of this Agreement and for a period not to exceed three (3) years thereafter. The
Manager shall provide the City with sales records, bank deposit receipts, cash register receipts, banquet contracts,
banquet deposits, final banquet invoices and other accounting forms reasonably requested by the City.
17. Indemnification. 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 shall be given
prompt notice of any claims for which the indemnification will be sought, and shall be given full and complete
cooperation from the City in the defense or settlement of all such claims, and shall 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 shall 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.
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.
18. Insurance. The Manager shall obtain and maintain, pursuant to the annual budget for the Facility,
the insurance as set forth in the attached Schedule in such amounts as the parties shall mutually agree. The Manager
shall recommend specifications and submit a plan annually as part of the budget process, to the City for approval.
The City shall be responsible for the cost of all property, casualty and liability insurance related to the Facility and
shall pay any and all property, casualty and liability insurance premiums related to the Facility.
19. Miscellaneous.
(a) The Manager shall not use or permit to be used any property of the City other than for its intended
purpose.
(b) This Agreement and the Exhibits attached hereto embodies 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 Manger other than as set forth in this Agreement.
(c) No subsequent alteration, amendment, change or modification to this Agreement shall be binding upon
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.
(d) Any and all changes, modifications or amendments to this Agreement may only be made jointly by the
City and the Manger. Any and all such changes shall be subject to the approval of the Mayor and City Council of the
City of Dubuque.
(e) 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.
(f) 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.
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(g) This Agreement shall be governed by the laws of the State of Iowa. The City and the Manager
expressly submit themselves to the jurisdiction of the Courts of the State of Iowa.
(h) The Manager shall 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.
(i) The City's representative for purposes of this Agreement is its City Manager and the Manager's
representative is its President.
(j) The Manager shall, upon the expiration or earlier termination of this Agreement, for any reason,
peacefully surrender to the City possession of the Facility, and the Manager shall forthwith remove all of its property
from the Facility. Unless the City has agreed otherwise, the Manager shall forthwith return the Facility to the same
condition it was upon the commencement of this Agreement, reasonable wear and tear excepted for repairs which the
Manager is not obligated to make pursuant to this Agreement.
(k) City reserves the right to name the Facility.
IN WITNESS HEREOF, the parties hereto have executed this Agreement as of the day and year first above
written.
CITY:
City of Dubuque, Iowa
By:
Jo
obbins, May Pro Tem
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MANAGER:
Platinum Hospitality Group, LLC