Signed Contract_Swift Water Adventure Tours_POD Docking Agreement Copyright 2014
City of Dubuque Consent Items # 20.
ITEM TITLE: Signed Contract(s)
SUMMARY: Swift Water Adventure Tours Docking Agreement for the
Port of Dubuque Marina.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
Swift Water Adventure Tours Docking Agreement Supporting Documentation
THE CITY OF Dubuque
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Masterpiece on the Mississippi 2007.2012.2013
TO: Michael C. Van Milligen, City Manager
FROM: Marie L. Ware, Leisure Services Manager
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SUBJECT: Docking Agreement for Swift Water Adventure Tours (SWAT)
DATE: March 28, 2016
INTRODUCTION
The purpose of this memorandum is to request approval and signature of attached
Docking Agreement.
BACKGROUND
Last boating season the agreement between the City of Dubuque and Swift Water w
Adventures Tour(SWAT) called for a docking fee of$500.00 or $1 per passenger
annually, whichever is greater. In 2015 the tour boat serviced 1100 passengers from
the Port of Dubuque Marina dock.
DISCUSSION
We propose to amend the docking agreement to $500 annually, or $1 per passenger for
the first 1000 passengers, whichever is greater. With a second step of $1.25 per
passenger for passengers 1001 and up. This partnership is so that as the business
grows so does our revenue. We share in the business's success. The agreement calls
for a weekly passenger total to be provided to Facilities Supervisor Ben Alden for the
purpose of tracking and record keeping. The tour boat will remain docked at times to
increase visibility and usage. The agreement has been reviewed and updated by
Assistant City Attorney Crenna Brumwell.
ACTION REQUESTED
Your approval and signature on the attached City of Dubuque Docking Agreement with
Swift Water Adventure Tours is requested.
Prepared by: Ben Alden, Facilities Supervisor
cc: Dan Kroger, Recreation Division Manager
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CITY OF DUBUQUE
DOCKING AGREEMENT
OWNER TOUR OPERATOR
NAME City of Dubuque NAME Swift Water Adventure Tours (SWAT)
ADDRESS 50 W 13th Street ADDRESS 904 Barbara Lee Drive
CITY, ST, ZIP Dubuque, Iowa CITY, ST, ZIP Dubuque, Iowa 52003
CONTACT Marie Ware CONTACT Jon Roth
TELEPHONE 563/589-4264 TELEPHONE (563)588-1915; C(563)590-6300
FACSIMILE 563/589-4391 E-MAIL jomarlumo@yahoo.com
E-MAIL mware@cityofdubuque.org
FACILITY RATES/CHARGES
Port of Dubuque Marina $500.00 annually, or $1 per passenger for the first 1000
passengers, whichever is greater.
$1.25 per passenger for passengers 1001 and up.
DESCRIPTION/PURPOSE OF ACCESS/USE
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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 to dockforno longer than
10 consecutive days. Charter tours will be during daylight only.
d.
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, �I
contractors and invitees comply with applicable laws and obey any written safety rules provided by Owner.
Tour Operator shall not intentionally interfere with other operations or create any danger or safety hazard
at the Facility. Tour Operator shall notify Owner if it believes there are any safety or suitability problems,
and in such an event the parties agree to fully cooperate and resolve the same to their mutual satisfaction.
Formal Notices shall be addressed to the Contact defined above for each of the parties and may be given
by e-mail, facsimile, or by mail. Notices will be deemed to have been received upon the production of a
relevant receipt document.
3. Liability and Indemnity: Each party agrees to be responsible for, and indemnify and hold harmless the
other of and from (including legal fees and costs), any loss, damage, expense, claim, liability, suit, fine
and/or penalty applicable to (i) such party's employees, contractors, invitees and guests, and (ii) the
owned, leased or chartered vessels, equipment or other personal property of such party and/or its
employees, contractors, invitees and guests, howsoever caused and regardless of fault, which in anyway
arises out of or relates to the Facility or 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.-With respect to all-other-matters,-each party agrees to-be-responsible for,
and indemnify and hold harmless the other of and from (including legal fees and costs), all loss, damage,
expense, claim, liability and/or suit to the extent caused by its negligence or other legal fault.
4. Insurance: 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
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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 j
shall make arrangements for the prompt removal of refuse and garbage from the Facility and be disposed
of privately.
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7. Sharinq of Records. For the purpose of record keeping and settlement of docking rates the Tour
Operator agrees to provide the Owner with a weekly passenger total. For purposes of this provision the
week will run Monday through Sunday. The weekly passenger total will be submitted to Owner by the I
Monday following week end.
8. Term of Agreement: This Agreement shall commence upon its date of execution, shall have a term of
one year, and shall, absent Written Notice from one party to the other sixty(60) days or more in advance
of the then-current termination date, automatically renew for an additional one year term.
9. Governinq 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.
10. 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.
11. Termination. Either party may termination this agreement upon ninety (90) days written notice to the
other party.
12. 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 315t DAY OF March 2016
Owner Tpur Operator
Authorized Signature Authoriz ignature
Michael C. Van Milligen, City Manager11 "L-1 �
Printed Name and Title Printed Name and Title
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Marina Stare
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WILLIAM M BLACK ICE 0
Insurance Company:XL Specialty Insurance Company XL Group
- � Insurance
Policy Number: XLG0001910 x
This policy will take effect on:8/1/2015 and will end on:8/1/2016
beginning and ending at 12:01 am EST.
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COMMERCIAL MARINE INSURANCE — Policy Declarations Page
Rewrite:
Named Insured Under This Policy: Agency Name&Address:
N
Jon E Roth Gallagher Charter Lakes
dba S.W.A.T River Tours 3455 East Paris SE l
904 Barbaralee Dr
Dubuque, IA 52003-0295 Grand Rapids,MI 49512
Insured Property:
Name Year Length Make Model Hull ID#
2013 23 1 Ocean Craft 7.2 0CM72001 D313 J
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Insured Dinghy(s): Insured Trailer(s):
Year Length I Make Serial# Year Make Serial#
2013 Venture 47GAJ232ODB000193
1
This declarations page and any endorsements are to be inserted in and form part of your policy. If a change effective date appears at the top
of the declarations,then this declarations page replaces any previous declarations on that date. This policy provides only the insurance for
which a specific premium charge is indicated below,or which is indicated as included without specific charge either below,in your policy,or
as indicated by endorsement.
Parts Coverages Amount of Insurance Elected Deductible Premium Endorsements
A Physical Damage-Agreed Value 43,000 860 $508.00 Additional Insured
B Liability Coverage 1,000,000 0 $631.00 Preservation of Govt Immunities
C Medical Payments 25,000 0 Included Primary Non-Contributory
B Pollution Liability 854,400 0 Included
G Personal Property 2,500 250 Included
D Uninsured Boater 1,000,000 0 Included ,; ?
F Trailer 2,650 250 $27.00
A Towing 2,500 0 Included PART A:Disappearing Deductible Amt:
E FL&HWCI Included 0 Included
Endorsements/Charges 0 0 Included $860.00
Unit Premium: $1,166,00
Loss Payee:We will make payment for part A physical damage to the Insured and: I
Navigation Limits:
Limited to the inland lakes,rivers,and intracoastal waterways of the United States and Canada,including the shared bordering waters of Mexico.
Layup Warranty: It is warranted that the insured vessel(s)be laid-up from: 12/1 to 4/1 Ashore at
The-insured vessel will be principally moored or berthed at:
Midtown Marina,285 5th St, East Dubuque, IL,61025
G'�'"
Countersigned 613012015,at Grand Rapids,MI by: Agent.g
i
XL Specialty Insurance Company
ADDITIONAL INSURED
This endorsement forms a part of:
Policy Sym. and No.: XLG0001910
Issued To: Jon E Roth
Effective on and after: 8/1/2015 to 8/1/2016
Agent: Gallagher Charter Lakes
Liability Limit:$ 1,000,000
It is hereby mutually understood and agreed that under PART B: LIABILITY COVERAGE of this policy,
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
is an additional insured on this policy, but only as their interest may appear in the vessel described herein and for the
liability arising out of the negligence of the insured,per the terms and conditions of the policy. It is further agreed that the
additional insured is named as such for the purpose of bodily injury and property damage liability in connection with the
insured's ownership,operation and maintenance of the Insured Vessel(s).
By issuance of this endorsement,the company does not waive its right of subrogation. The coverage afforded by this
endorsement shall arise out of liability that rests solely with the insured. In the event of non-renewal or cancellation of
this policy,the additional insured shown above shall receive ten (10) days written notice prior to any such termination
from the company.
All other terms and conditions remain unchanged.
Gallagher Charter Lakes
3455 East Paris Ave SE
Grand Rapids, MI 49512
01S!:-:1,1'-
XL Specialty Insurance Company
GENERAL CHANGE ENDORSEMENT
Attached to and forming part of:
Policy Sym. and No.: XLG0001910
Issued To: Jon E Roth
Effective on and after: 8/1/2015 to 8/112016
Agent: Gallagher Charter Lakes
This is your amended Coverage Data Page. It is understood and agreed that the following changes shall become a part
of this Policy:
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 Governmental 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 alterthe
coverage available under the policy.
All other terms and conditions remain unchanged.
Authorized Signature
GALLAGHER CHARTER LAKES
3455 East Paris Ave SE
Grand Rapids, MI 49512
XL Specialty Insurance Company
Marine Additional Insured—Primary/Non Contributory
Attached to and forming part of:
Policy Sym. and No.: XLG0001910
Issued To: Jon E Roth
Effective on and after: 8/1/2015 to 8/1/2016
Agent: Gallagher Charter Lakes
In consideration of the premium charged, it is hereby understood and agreed that with respect to claims arising out of
or in connection with work performed for:City of Dubuque,the following is named as an Additional Insured under this
policy:
City of Dubuque, incl its elected &apppointed officials,employees,volunteers, boards, commissions Wor authorities
&their boardmembers, employees, and volunteers, 50 W 13th St, Dubuque, IA, 52003
This insurance is primary insurance with respect to the interests of the Additional Insured referenced above, insofar
as work performed by the Named Insured is concerned,and any other insurance maintained by said Additional
Insured is excess and not contributory with this insurance;
Coverage is afforded by this endorsement for the Additional Insured referenced above only with respect to liabilities
to third parties arising out of work and/or operations of the Named Insured performed in connection with the relevant
contract or agreement;
In no event shall coverage be provided hereunder for the Additional Insured beyond the extent which is required
under the relevant contract or agreement.
Coverage provided hereunder for the Additional Insured is further subject to all of the exclusions and limitations
contained elsewhere in this policy. This policy will not insure or defend any claims for liabilities arising out of the sole
fault or sole negligence of the Additional Insured. The inclusion of the Additional Insured shall not increase the per
occurrence and/or aggregate Limits of the Liability under this policy.
All other terms and conditions remain unchanged.
GALLAGHER CHARTER LAKES
3455 East Paris SE
Grand Rapids, MI 49512
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City of Dubuque Insurance Requirements for Docking of Small Commercial
Vols
Insurance Schedule V
mqWred in D&RA 1 pTiw to caftVart inception and the end of the contract of the term of contract is
& mclude a statement mWer Description of aperatum as to why
kMedor Lease of piremises at
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2- AN pufficksof insurance requked hereumler tel:bevAth a carte authmted to k a and
an Carriers shall have a rang of A or beaw in the: A.t«!_#mss Rafing Gdide
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4 Failure to praAk mr&mm coverage shA not be a wakw of these rots by the Y Mf
Dubuque. ragme to obtain or mal i the r reid Insm.-dwe dW be con,.Okfered a material Weach of 1
this agreemem
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hTd agMeffleni in EhUW L if imAder's kdts of liabilityare}i er than the required rad:' firmts
then the provirleis knit AWE be this agreemeWs reqtdred r" s_
7_ vulmneveran iso form is Winced the currenteditirm at the Immantst be used.
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Page l of 3t 4
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of Dubuque Insurance Requirements for Doddng ofSmall Comawrdal
Veers
Insurance Schedule V (continued)
Exhibit I
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page 2 Of 3 SdKtk&V Rnall cmunerimM mewd DodWrg AffeMMU IMMirante 16
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City of Dubuque lusurance Requirements for Docking of Small Comimerdal
Vessels
Preservation of Governments[Immunities Endorsement
1. litanwaiver of Governmental Immunitv-The insurance,carrier expressly agrees and states that the
purdiweofthispokT and the incluTing of the CkyofDubuque,Ima as an Additional Insured does
notwaWeanyofthe defenses of govermnentalinwnmft awzikbiewthe City of Dubuque,kwwa
ruder ale n 670.4 as it is now exists and as k may be amended frotime to tine
2_ Claing 2=242e-The i rancerierfirrther agrees that this policy of inmm ance slat cover wily
those rj a s rot�aq ect to the def.defemee of gavernin ental' nityunder the Code Jams Secfion
670_4 as it row exists and as it may be amended from time W time_Those clakris not subject to
Code of[am mon GM.4 shad the term and cowditiow -this kuurance 1 N
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3_ limon of.Government Immuridy.'The Cky of Dube,lowa shall be responsible for asserfing any
deftense I immunity, may do so at and shall do so upon the timely
kbm request of the insurance carrie=s`_
4. Mon-Denial of CuveraMThe insurance ce car rshI not deny coverage-under this policy and the
insnga carr l not dealranyofthe rW=and benefits accruing totheCityofDubuque,
under this policy for reasons of governmental immunity ity unless and until a court of competent
jur hw ruled in favor of the defense(s)of governmental immunity asserted the City of j
Dube,k.
Ncp Other ranee in P `uaLl The above preservation of governmental i n`sties shall not otherAgse
change or alter the coverage avai a under the pDrof.
YL C INHML I
Page 3 of 3 -schedule V sua OwnuttenEal vessel DCdMg AVeMefft JaRrAIM JMWWy ZD16
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