Swift Water Adventure Tours Docking Agreement 2014THE CITY OF
Dui
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Docking Agreement for Swift Water Adventure Tours
DATE: March 10, 2014
Dubuque
band
AI -America City
r
2007 • 2012 • 2013
Leisure Services Manager Marie Ware recommends City Council approval to renew the
docking agreement at the Port of Dubuque Marina with Swift Water Adventure Tour for
$500 for the season. This allows the tour operator access to the docking space in the
Port of Dubuque Marina for fifteen minutes prior to the start of charter loading and
fifteen minutes maximum for an introduction and safety talk. Ten minutes is allowed for
unloading at the end of each charter. The tour boat is not stored at the marina.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
7-
Mic ael C. Van Milligen
1,,i1144 ..,
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Marie L. Ware, Leisure Services Manager
THE CITY OF
Dui
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Marie L. Ware, Leisure Services Manager
DATE: March 6, 2014
SUBJECT: Docking Agreement for Swift Water Adventure Tours
Dubuque
trati
a -America City
'111'
2007 • 2012 • 2013
INTRODUCTION
The purpose of this memo is to request approval to renew the docking agreement with Swift Water Adventure Tours.
BACKGROUND
In late 2012 Jon Roth approached the City for approval to use River's Edge Plaza for docking for a Mississippi backwater
eco -tour business. Tours are booked online and he needed a location for docking to load and unload tours. His boat has a
capacity of six plus the tour operator. After thorough discussons and investigation by City staff, it was decided that area
would not work but the Port of Dubuque Marina was suggested and approved forthe 2013 season as a trial.
DISCUSSION
A docking area is needed to embark and disembark passengers. The access to the docking space is on a first-come, first -
serve basis at the location shown in the docking agreement. The area is the least used and is meant for temporary parking
during the check-in process or waiting for access to the fueling station.
The tour operator provides tour times to Leisure Services prior to the start of the agreement. The operator is allowed fifteen
minutes prior to the start of charter loading and fifteen minutes maximum for an introduction and safety talk. Ten minutes is
allowed for unloading at the end of each charter. The boat is not stored at the marina as all sites are transient. The operator
could choose as any boater to pay any overnight fees. The charters are during daylight only.
The seasonal docking fee was figured based on expected numbers of tours and amount of time for loading and unloading
times $3 per hour. The larger tour boats that use River's Edge Plaza pay no fee.
Jon has reviewed the agreement and is okwith it. Barry Lindahl and his office have reviewed the agreement and approved.
This business is complementary to the many activities at the Port of Dubuque and since no problems or issues were reported
to the city after last year's agreement, the Park and Recreation Commission is expected to approve the agreement at their
March 11th meeting.
RECOMMENDATION
I recommend approval of the agreement.
Prepared by:
Marie L. Ware
CITY OF DUBUQUE
DOCKING AGREEMENT
OWNER
TOUR OPERATOR
NAME : City of Dubuque
ADDRESS : 50 W 13th Street
CITY, ST, ZIP : Dubuque, Iowa
CONTACT : Marie Ware
TELEPHONE : 563/589-4264
FACSIMILE : 563/589-4391
E-MAIL : mware@cityofdubuque.org
NAME : Swift Water Adventure Tours (SWAT)
ADDRESS : 904 Barbara Lee Drive
CITY, ST, ZIP : Dubuque, Iowa 52003
CONTACT : Jon Roth
TELEPHONE : (563) 588-1915; C (563) 590-6300
E-MAIL : jomarlumo@yahoo.com
FACILITY
RATES/CHARGES
Port of Dubuque Marina
$500.00 / season docking fee /o
DESCRIPTION/PURPOSE OF ACCESS/USE
The Facility will be utilized to embark and disembark passengers, to receive supplies, to off-load trash for
proper disposal off site and other such activities that are consistent with the operation of a charter tour vessel.
Charter vessel is 24' long with a capacity of 6 persons and 1 operator. The tour operator will provide Leisure
Services the charter tour times prior to start of agreement. Operator will be allowed 15 minutes prior to start
of charter loading and will be allowed 15 minutes introduction and safety talk after charter tour time. Ten (10)
minutes will be allowed for unloading at end of each charter. Charter tours will be during daylight only.
1. Basic Agreement: In consideration of the Rates/Charges referenced in the relevant box above,
Owner hereby grants to Tour Operator access to and the use of the Facility defined above, for the
purposes described above. The grant of access herein is on a first-come first served basis and does not
constitute a guarantee that the Facility will be available to the Tour Operator at any particular time. Tour
Operator is encouraged to coordinate its use of the Facility with other users
2. Safety and Notifications: Tour Operator shall be responsible for ensuring that its employees,
contractors and invitees comply with applicable laws and obey any written safety rules provided by Owner.
Tour Operator shall not intentionally interfere with other operations or create any danger or safety hazard
at the Facility. Tour Operator shall notify Owner if it believes there are any safety or suitability problems,
and in such an event the parties agree to fully cooperate and resolve the same to their mutual satisfaction.
Formal Notices shall be addressed to the Contact defined above for each of the parties and may be given
by e-mail, facsimile, or by mail. Notices will be deemed to have been received upon the production of a
relevant receipt document.
3. Liability and Indemnity: Tour Operator agrees to be responsible for, and indemnify and hold harmless
Owner for and from (including legal fees and costs), any loss, damage, expense, claim, liability, suit, fine
and/or penalty caused by (i) Tour Operator's employees, contractors, invitees and guests, and (ii) the
owned, leased or chartered vessels, equipment or other personal property of such party and/or its
employees, contractors, invitees and guests, howsoever caused and regardless of fault, which in any way
arises out of or relates to the Facility or Tour Operator's access thereto and/or use thereof. For purposes
hereof, any passenger of Tour Operator shall be deemed Tour Operator's invitee/guest but only while
aboard Tour Operator's vessel, and/or while embarking or disembarking Tour Operator's vessel on Tour
Operator -provided equipment. Owner agrees to indemnify and hold harmless Tour Operator from and
against any and all claims arising out of the negligence of Owner or Owner's employees in the
performance of this Agreement.
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4. Insurance: Tour Operator shall maintain during the Term of this Agreement insurance as provided in
the attached Insurance Schedule. Owner shall maintain during the Term of this Agreement Owner's
membership in the Iowa Communities Assurance Pool or obtain general liability insurance with equivalent
coverage.
The parties shall exchange insurance certificates evidencing all of the foregoing insurances and
conditions upon execution of this Agreement and from time to time thereafter, as may be requested.
Should a party fail to maintain (or cause to be maintained) an insurance as required, if an insurance fails
for any reason (including without limitation due to breach of condition or warranty), and/or if an insurer
refuses and/or is unable to pay, the party required to maintain such insurance above shall be deemed a
self -insurer thereof, accept and pay all claims which would have otherwise been submitted, and indemnify
and hold harmless the other of and from (including legal fees and costs) any loss, damage, expense,
claim, liability, suit, fine and/or penalty resulting from such failure.
5. Utilities: If any utilities are available at the Facility and Tour Operator elects to connect to and/or utilize
such utilities during its visit, Tour Operator agrees to be responsible for and to pay any and all connection
and/or usage charges.
6. Refuse and Garbage Removal. Tour Operator shall not store any refuse or garbage at the Facility and
shall make arrangements for the prompt removal of refuse and garbage from the Facility and be disposed
of privately.
7. Term of Agreement: This Agreement shall commence upon its date of execution, shall have a term of
from April 1 through November 1, 2014.
8. Governing Law. This Agreement shall be governed by the general maritime law of the United
States or, if no general maritime rule of law applies, then by the laws of the state of Iowa.
9. Default. If Tour Operator fails to comply with any of the provisions of this Agreement within seven
(7) days after notice of noncompliance from Owner, Owner may terminate this Agreement.
10. Entire Agreement. This Agreement may be executed in counterparts and/or by electronic exchange
of signatures, with all such counterparts deemed the same single agreement and signatures exchanged
by electronic means deemed equivalent to original signatures. This constitutes the entire agreement
between the parties and supersedes all prior and contemporaneous agreements, written and oral. This
Agreement shall not be modified except through a writing signed by both parties.
DATED THIS 17th DAY OF March
Owner
Authorize ignature
Roy D. Buol, Mayor
Printed Name and Title
2
2014
Tour Operator
Auth . ( Signature
r•
ed
L 0A)c
Printed Name and Title
MAP OF DOCKING AREA
3
CERTIFICATE
OF COMMERCIAL MARINE LIABILITY INSURANCE
PRODUCER:
Charter Lakes Marine Insurance Agency
3455 East Paris SE
Grand Rapids, MI 49512
THIS CERTIFICATRDODES NT AMEND, EXTEND BY OHE POLICIES BELOW. OR ALTER THE
COVERAGE AFFO
INSURED:
Jon E Roth
dba S.W.A.T River Tours
904 Barbaralee Dr
Dubuque IA 52003-0295
COMPANY A AFFORDING COVERAGE:
Travelers Property Casualty Company of America - AM Best #058470
COMPANY B AFFORDING COVERAGE:
INSURED COVERAGES: E( F INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAME
ABOVED
HIS FOCTHEI�'{THAT PERIOD INDICATED,7 OF NOTWITHSTANDINGBT"'
ICH THIS CERTIFICATE MAY BE ISSUED OR MAY
COVERAGE
FOR THE POLICY ANY REQUIREMENT, TERM OR CONDITION OF ANY
CONTRACT OR OTHER DOCUMENT WITH RESPECT TO
PERTAIN. BY
SHALL ARISE OUT OF LIABILITY THAT RESTS SOLELY
OL L WITH THE INSURED.
AND
ISSUANCE OF THIS ENDORSEMENT, THE COMPANY DOES NOT WAIVE ITS RIGHT OF SUBROGATION.
THE
AFFORDED BY THIS ENDORSEMENT
INSURANCE AFFORDED BY THE OLICIES. POLICIES DESCRIBED HEREIN IS SUBJECT TO
CONDITIONS OF SUCH
Type of Insurance
PASSENGER VESSEL LIABILITY
EXCESS LIABILITY
MEDICAL PAYMENTS
DESCRIPTION:
2013 23' Ocean Craft
Policy Number
NL0052768
NL0052768
Policy
Effective
8/1/2013
8/1/2013
OCM72001D313
Policy
Expiration
8/1/2014
8/1/2014
1,000,000
25,000
CANCELLATION:
TO THE CERTIFICATE HOLDER NAMED BELOW, AGENTS OR
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING
UT FAILURE
COMPANY L CTO MAIL10DANO S WRITTEN NOTICE
TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY,
ITS REPRESENTATIVES.
ADDITIONAL INSURED:
City of Dubuque, incl its elected & apppointed officials, employees, volunteers, boards„ commissions &/or authorities &
their boardmembers, employees, and volunteers, 50 W 13th St, Dubuque, IA, 52003
Authorized Agent:
,User„ dsr
a„.,e
isz r`; rD a LOc31`•. emp Roth, Jon .i :e i23r12J':o1, nJ1F f 53 3S'J &T4Ca2:`rL 3r i'i c' v 4103
Date: July 16, 2013
City of Dubuque Insurance Requirements for Docking of Small
Vessels
Insurance Schedule V
1. Owner shall furnish a signed Certificate of Insurance to the City of Dubuque, Iowa for the coverage
required in Exhibit I prior to contract inception and at the end of the contract if the term of contract is
longer than 60 days. Each certificate shall include a statement under Description of Operations as to why
issued. Eg: Project # or Lease of premises at or construction of
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. Provider shall be required to carry the minimum coverage/limits, or greater if required by law or other
legal agreement, in Exhibit I.
7. Whenever an 150 form is referenced the current edition of the form must be used.
Page 4 of 6 Schedule V, Small Vessel Docking Agreement Insurance February 2014
City of Dubuque Insurance Requirements for Docking of Small
Vessels
Insurance Schedule V (continued)
Exhibit 1
A) COMMERCIAL MARINE LIABILITY
Limit of Liability $1,000,000
a)
b)
c)
d)
e)
Coverage shall be written on an occurrence, not claims made, form.
Include endorsement indicating that coverage is primary and non-contributory.
Include endorsement to preserve Governmental Immunity. (Sample attached).
Include an endorsement that deletes any fellow employee exclusion.
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.
B) WORKERS' COMPENSATION. LHWCA & EMPLOYERS LIABILITY
Statutory benefits covering all employees injured on the job by accident or disease as prescribed by
Iowa Code Chapter 85 as amended.
Workers' Comp
Coverage A
Coverage B
Each Accident
Each Employee -Disease
Policy Limit -Disease
Statutory—State of Iowa
Employers Liability
$100,000
$100,000
$500,000
Policy shall include an endorsement providing a waiver of subrogation to the City of Dubuque.
Policy shall include Longshoreman and Harbor Workers Compensation Act Coverage
C) UMBRELLA LIABILITY
$1,000.000
Page 5 of 6 Schedule V, Small Vessel Docking Agreement Insurance February 2014
City of Dubuque Insurance Requirements for Docking of Small
Vessels
Preservation of Governmental Immunities Endorsement
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.
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.
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
Page 6 of 6 Schedule V, Small Vessel Docking Agreement Insurance February 2014
SWIFT WATER ADVENTURE TOURS