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Tour Dubuque Trail and Park Use Agreement
Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Tour Dubuque Trail and Park Use Agreement DATE: May 10, 2013 Dubuque kital All- America City II h/ 2012 Leo Broughton, owner of Tour Dubuque located at 198 Main Street, requested the ability to use city trails and certain parks for tours using Trikkes (a single person motorized electric vehicle). Mr. Broughton has set up guided tours of Dubuque using Trikkes. He leads the guided tour and the co -owner of the business is at the end of the tour. All people on the tour wear headsets so they hear him speaking. They go single file. They do at times stop while he talks. They take a maximum of ten people on each tour so there is a total of twelve of these electric vehicles (250 watts). The tours cover history, art, entertainment, architecture and natural wonders. The Trikkes are motorized vehicles that are 4' long, 2' wide and 4' high, weighing 50 pounds each. They have a maximum speed of 18 mph but for insurance purposes they go 10 mph or less on the tour. They opened the business in July 2012. The tours proposed use the Riverwalk as one stop. Other trails and parks could be integrated into special tours. Due to the nature of the request and because of the recent major discussions with the Park and Recreation Commission regarding dogs and other park and trail usages, the Commission also discussed this topic. They had concerns about motorized vehicles on trails but are willing for this trial basis. The Park and Recreation Commission voted unanimously to allow Tour Dubuque Trikkes on the Riverwalk and other areas approved by the City with a one -year trial period. Leisure Services Manager Marie Ware recommends City Council approval of a Trail and Park Use Agreement with Tour Dubuque that can be canceled with 10 days notice. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligan MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Marie L. Ware, Leisure Services Manager 2 Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Marie L. Ware, Leisure Services Manager SUBJECT: Tour Dubuque Trail and Park Use Agreement DATE: May 7, 2013 INTRODUCTION Dubuque kitititi All- America City 'I'll®, 2007 The purpose of this memo is to recommend a Trail and Park Use Agreement with Tour Dubuque. BACKGROUND Leo Broughton owns Tour Dubuque, located at 198 Main Street. Their website is www.tourdubuque.com. Mr. Broughton requested the ability to use city trails and certain parks for tours using Trikkes (a single person motorized electric vehicle). Mr. Broughton has set up guided tours of Dubuque using Trikkes. He leads the guided tour and the co -owner of the business is at the end of the tour. All people on the tour wear headsets so they hear him speaking. They go single file. They do at times stop while he talks. They take a maximum of ten people on each tour so is a total of twelve of these electric vehicles (250 watts). The tours cover history, art, entertainment, architecture and natural wonders. The Trikkes are motorized vehicles that are 4' long, 2' wide and 4' high, weighing 50 pounds each according to Leo. They have a maximum speed of 18 mph but for insurance purposes they go 10 mph or less on the tour. They opened the business in July 2012. The tours proposed use the Riverwalk as one stop. Other trails and parks could be integrated into special tours. Legal In 2008 the City of Dubuque added a definition to the City code for electrical personal assistive mobility devices. The definition was developed based on the state code but does not mirror the state code. We do not mirror the state code because the state only covers two (2) wheeled devices. The definition in the City of Dubuque code covers more than two (2) wheeled devices and will cover devices such as segways, T3s', and the devices being used by Tour Dubuque. Electric personal assistive mobility devices are defined as a device, powered by an electric propulsion system designed to transport one person, with a maximum speed on a paved level 1 surface of less than twenty five (25) miles per hour with an average power of seven hundred fifty (750) watts or one horsepower. In addition to the definitional limitations the City adopted a number of regulations related to the usage of the devices within the City. 9- 7- 321.276A: Electric Personal Assistive Mobility Devices: A. No person under sixteen (16) years of age may operate an electric personal assistive mobility device in the city of Dubuque. B. No operator's permit or license shall be required for the operation of an electric personal assistive mobility device. C. No licensure or registration of the electric personal assistive mobility device is required. D. No proof of financial responsibility is required. E. A person shall operate an electric personal assistive mobility device in a safe and nonhazardous manner so as not to endanger himself or herself or any other person or property. F. There shall be no prohibition against any person riding an electric personal assistive mobility device upon a sidewalk or bicycle path within the city, so long as the rider does not create a hazard; provided, that no person shall operate an electric personal assistance mobility device upon a sidewalk within the city on those sidewalks expressly designated by the city manager as prohibited and appropriate signs to such effect are posted. G. Any person riding an electric personal assistive mobility device upon a sidewalk shall yield the right of way to pedestrians, and shall travel at a speed no greater than is safe for the conditions then existing on the sidewalk. H. A person propelling an electric personal assistive mobility device upon and along a sidewalk or while crossing a roadway in a crosswalk shall have all the rights and duties applicable to a pedestrian under the same circumstances, except that the electric personal assistive mobility device operator must yield to pedestrians on the sidewalk or crosswalk. I. The operator of an electric personal assistive mobility device emerging from, or entering an alley, driveway, or building shall, upon approaching a sidewalk, or the sidewalk area extending across any alleyway, yield the right of way to all pedestrians approaching on said sidewalk, and upon entering the roadway in a crosswalk shall yield the right of way to all vehicles approaching on said roadway. J. Electric personal assistive mobility devices shall not be used on roadways, except when using a crosswalk or on side streets where there is not a sidewalk adjacent to the street. K. A person shall not operate an electric personal assistive mobility device at the times specified in section 9 -12- 321.384 of this title, unless the person or the electric personal assistive mobility device is equipped with a headlight visible from the front of the electric personal assistive mobility device and at least one red reflector visible from the rear of the electric personal assistive mobility device. L. The provisions of this section shall not apply to use of a wheelchair or other similar conveyance when used for transportation by any temporarily or permanently disabled person. M. The provisions of this section shall not apply to the above proscribed conveyances when used in any parade, exhibition or gathering of persons which has been authorized by permit from the city manager. N. The provision of this section shall not apply to the above proscribed conveyances when used by the fire or police departments. 2 0. The scheduled fine for a violation of this section shall be twenty five dollars ($25.00). While the ordinance referenced above would allow usage on bicycle paths there are also regulations within the city code that would prohibit Tour Dubuque from operating the devices within the city parks and on city trails without express permission from the Leisure Services Manager. 9- 7- 321.275A: Use of Bicycles, Motorcycles in Parks: A The use of bicycles, skateboards and other nonmotorized conveyances and motorcycles, motor scooters, go- carts, cars, trucks, and other motor driven vehicles other than those vehicles engaged in authorized park maintenance and security in any park, recreation facility, or trail may be prohibited by the park and recreation advisory commission. B. It shall be unlawful for the operator of any car, truck, motorcycle, or any other type vehicle to stop, stand, or park upon any roadway or in any parking areas in any park, recreation facility, or trail in such manner as to obstruct the flow of traffic. C. It shall be unlawful for any person or persons to play games, catch, throw frisbees or other objects, gather in groups on any roadway or parking areas in any park, recreation facility, or trail as to obstruct the flow of traffic. D. It shall be unlawful to park any car, truck, motorcycle, or other type of vehicle along any roadway or area in any park or recreation facility that is posted prohibiting such parking. E. It shall be unlawful for any car, truck, motorcycle, or any other type of motorized vehicle to drive on and/or park on any grass area, sidewalk, or frail in any park, recreation facility, or trail except with the express permission of the leisure services manager's designee. F. The scheduled fine for a violation of this section shall be twenty five dollars ($25.00). When there is a conflict between two (2) provisions of the code the conflict is resolved by applying the more restrictive of the provisions. In this case that would be the prohibition of usage in the parks and on trails without the express permission of the Leisure Services Manager. In order to determine if and where to allow usage of the devices on city property, Crenna Brumwwell of the City Attorney's Office recommended consideration of the following: 1. Consulting with the City's insurance carrier(s) to evaluate any additional exposure to liability by allowing this type of activity in city parks and on city trails 2. Consult with the City's insurance carrier(s) to evaluate a requirement of liability insurance for business usage within city parks and on city trails which includes a governmental immunities endorsement naming the City of Dubuque as an additional insured 3. The challenges, opportunities, and risks associated with allowing usage in specific parks and on trails 4. Adopting policies for city parks and city trails that limit (locations, usage, require helmets, other options, etc.) 5. Reviewing the city ordinances to evaluate if amendments are warranted based on the City's sustainability principles. 3 Insurance, Permit, License A meeting was held with Scott DeSousa of Friedman and Frank O'Connor of O'Connor Insurance along with Ken TeKippe, Barry Lindahl, Crenna Brumwell and Laura Carstens. We reviewed the questions 1 through 3 above related to Tour Dubuque's request. As with most businesses we do not license them. He will be using a city facility (trails and some parks) but mostly city sidewalks unless there is no sidewalk then they are allowed on streets. We at times know of other businesses that use the parks (i.e. exercise classes that meet in parks in the open air). Many happen that we don't know of. They believe there is no more liability or exposure than we already have. They believe the risks belong to the business not the city. ICAP ICAP was consulted and here is their synopsis: ICAP Loss Control has through the years consistently taken the position of recommending that the members not allow motorized vehicles on their walking and bike trails. The fear has always been that people will begin to use ATV's, motorcycles, snowmobiles, and even cars on the trails which puts a trail user at risk of being hit by one of these vehicles. Allowing any type of mechanized vehicle on your trails increases the City's liability and loss exposure. Most likely, the Iowa Department of Transportation would not require the owner and user of a TRIKKE vehicle to have liability insurance on the TRIKKE. As a result a person that is injured by a TRIKKE or has an accident with one could conceivably look to the City for compensation for damages and injury. People that normally walk and ride bikes on the trails may become discouraged from using the trails due to the increased safety issues created by the TRIKKE vehicle. This fact defeats the purpose of building the trails in the first place — that of encouraging physical activity. Allowing the TRIKKE type vehicle may cause others to put pressure on the City to allow other types of vehicles on the trails. No doubt City Department Heads are considering the above issues already when making a decision on whether to allow motorized vehicle on the trails. The decision to allow their use is the City's in the end. It is not known how this type of vehicle will be accepted by the public or if it will create problems. Perhaps a trial period could be allowed and if problems arise the City could deal with the issue through ordinance at a later date. Loss Control found one other member that has addressed the issue of electric vehicles on their trails by limiting the size and watt capacity to the vehicle as part of their trail usage policy and ordinance. At this point Loss Control still has reservations about their usage on the trails. We do not know the condition of the trails or how well the TRIKKE handles during operation. Challenges, Risks and Opportunities Currently we now allow people and bikes on trails. The motorized unit is limited to 25 miles per hour with an average power of 750 watts or one horsepower. Some bicycle riders reach this speed as well. Tour Dubuque would like to offer guided tours. A guided tour has a level of supervision. Tour Dubuque also sells the Trikkes to our citizens. This Use Agreement is only for the guided tours by Tour Dubuque. Individual owners would not be allowed on trails or in parks. 4 Accessibiity Power - driver mobility devices can be used as mobility devices by persons with mobility disabilities. The usage of the power- driven devices are allowed in trails and parks in Dubuque by persons with mobility disabilities currently. DISCUSSION To gather all the background facts and other details in this memo Mark Dalsing — Police Chief, Barry Lindahl and Crenna Brumwell from the Attorney's office, Laura Carstens — Planning Services Manager, Frank O'Connor of O'Connor & Associates, Scott DeSousa of The Friedman Group and myself were all involved in this topic discussion. We have consensus that allowing Tour Dubuque to use trails and certain parks for tours would be acceptable. Most have mixed feelings as do I but are willing to have a trial use period. Frank O'Connor shared the following train of thought that was applicable to consider: "The trikke seems to be designed to be use on streets and walking paths. Using it on rough terrain doesn't seem to be a practical usage. The "Assistive Mobility Device" is permitted on City sidewalks and bike paths except as excluded by City Manager. If a 10 or 12 year old can ride his /her bike in a street it sounds as if citizens, parents, police, and administration are comfortable with safety issues. Why not license them for street use too? If Trikkes can be used on City sidewalks (the most popular place for pedestrian traffic) why prohibit them from parks and trails? If safety is not a concern when using them on sidewalks, I don't see significant safety issues arising when using on walking paths or parks. Yes, there is an additional liability exposure, but this should not be controlling. There is no exclusion in the ICAP general liability policy for this type of exposure. There is a difference between the trikke and a motorcycle, moped, car, snowmobile, or ATV." Due to the nature of the request and because of the recent major discussions with the Park and Recreation Commission regarding dogs and other park and trail usages, the Commission also discussed this topic. They had concerns about motorized vehicles on trails but are willing for this trial basis. The Park and Recreation Commission voted unanimously to allow Tour Dubuque Trikkes on the Riverwalk and other areas approved by the City with a one -year trial period. The request by Tour Dubuque is for the opportunity to use Trikkes on trails and in parks. The opportunity for another tourist activity in the downtown /Port area is good from the economics perspective. ICAP consistently recommends not allowing motorized vehicles on their walking and biking trails. They do tell us it is our decision in the end. There is control of the use of the Trikkes when they are a part of the tour group. This could be granted currently as the ordinance allows the exception to be permitted by the Leisure Services Manager. It would require no changes to ordinances. A park and trail usage agreement has been drafted and is attached. 5 RECOMMENDATION I respectfully request approval of a Use Agreement with Tour Dubuque. MLW:et copy Barry Lindahl, City Attorney Crenna Brumwell, Assistant City Attorney Mark Dalsing, Police Chief Cindy Steinhauser, Assistant City Manager John Klostermann, Street Maintenance Supervisor Steve Fehsal, Park Division Manager Laura Carstens, Planning Services Manager Frank O'Connor, O'Connor Insurance Scott DeSousa, The Friedman Group Bob Steingraber, ICAP CITY OF DUBUQUE TRAIL AND PARK USE 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: Tour Dubuque ADDRESS: 198 Main Street CITY, ST, ZIP:Dubuque, Iowa 52001 CONTACT : Leo Broughton TELEPHONE: 563 -326 -5535 E -MAIL : leo @tourdubuque.com FACILITY RATES /.CHARGES City of Dubuque off street trails system including but not limited to the Riverwalk as well as city parks. $50.00 / season use fee and $1.00 per Trikke entering Eagle Point Park. DESCRIPTION /PURPOSE OF ACCESS /USE The Facility will be utilized for supervised, guided tours using Trikkes (a single person motorized vehicle). The tour shall have a guide at the beginning and end of each group that will ride single file in all areas outlined in this Use Agreement. This single file line shall be maintained at all times to allow park and trail users to pass by the tour group. Tour guides may stop when sharing tour information with the single file line always in place. Tour groups shall be limited to a maximum of ten (10) persons plus two (2) guides. Speed of Trikkes shall be controlled by the guides to maintain the safety of park and trail users not on the tour. • 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 050613 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. Hold Harmless /Indemnification. To the fullest extent allowed by law, Tour Operator shall indemnify, defend and hold harmless Owner, its Affiliates and their respective partners, shareholders, directors, officers, employees and agents, from and against any and all claims for injury or damages to persons or property arising out of or caused by the negligence of the Tour Operator. Tour Operator further agrees upon receipt of notice from Owner to defend at its own expense, Owner, its Affiliates and their respective partners, shareholders, directors, officers, employees, and agents from any action or proceeding against Owner, its Affiliates and their respective partners, shareholders, directors, officers, employees, and agents arising out of or caused by the negligence of the Tour Operator. If Tour Operator suffers any injury, damage or loss caused by any person or business engaged by or through or for the benefit of Owner or any other person, Tour Operator shall not hold or seek to hold Owner responsible therefore; but, rather, Tour Operator shall proceed solely against such person or entity causing the injury, damage or loss. 4. Insurance: Tour Operator shall maintain during the Term of this Agreement insurance as provided in the attached Insurance Schedule. 5. Term of Agreement: This Agreement shall commence upon its date of execution, shall have a term of from May 20 through October 27, 2013. 6. Governing Law. This Agreement shall be governed by the laws of the state of Iowa. 7. 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. 8. Termination. Either party may terminate this Agreement by providing ten (10) days written notice to the other party. 9. 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 1 DAY OF d Y G , 20\3 . 2 Owner Author zed Signature R7)(-4 D. IL-to 1 , Cfv- Printed Name and Title 3 Tour Operator orized Signatur Printed Name an let City of Dubuque Insurance Requirements for Tenants and Lessees of City Property or Vendors (Suppliers, Service Providers) 1. Insurance Schedule A 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. 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. 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. 8. Whenever an ISO form is referenced the current edition of the form must be used. Pdfconvert. 6836.1. Tour_ Dubuque_Usage_Agreement_5 -6 -13. Docx 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 an endorsement that deletes any fellow employee exclusion. f) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and /or authorities and their board members, employees and volunteers. Use ISO form CG 20 10. Ongoing operations. g) If vendor utilizes Trikkes or Segways in the conduct of business, include an endorsement reflecting that these vehicles are not excluded from Commercial General Liability coverage. B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85 as amended. Coverage A Coverage B Statutory —State of Iowa Employers Liability Each Accident $100,000 Each Employee- Disease $100,000 Policy Limit - Disease $500,000 Policy shall include an endorsement providing a waiver of subrogation to the City of Dubuque. Pdfconvert. 6836.1. Tour_ Dubuque_Usage_Agreement_5 -6 -13. Docx City of Dubuque Insurance Requirements for Tenants and Lessees of City Property or Vendors (Suppliers, Service Providers) 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 Pdfconvert. 6836.1. Tour_ Dubuque_Usage_Agreement_5 -6 -13. Docx Aco CERTIFICATE OF LIABILITY INSURANCE DATE (MNUDD/YYYY) 5/16/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Friedman Insurance, Inc. 880 Locust Street - Suite 200 P 0 Box 759 Dubuque IA 52004-0759 INSURED Tour Dubuque, LLC 561 Jefferson St Dubuque IA 52001 CONTACTPaula Fitzgerald, CISR NAME:ME; PHCONE Exn: (563) 556-0272 j (A!C.JJok FAx (563) 556-4425 EMAIL ADDRESS: PRODUCER 00013132 CUSTOMER ID N. INSURERS) AFFORDING COVERAGE NAIC N INSURER A :Cincinnati Specialty INSURER!: INSURER C; NUMBER: v THIS ,IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR !ADDL:SUBR POLICY EFF I POLICY EXP LIMITS TYPE OF INSURANCE NOR WVD " POLICY NUMBER (MMIDDNYYYI I (MMIDDNYYY) A I GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY j CLAIMS -MADE '_X-„ OCCUR �� _ I CSU0039067 6/27/2012 6/27/2013 EACH OCCURRENCE I 1,000,000 DAMAGE TO RENTED 100,000 PREMISES fEa occurrence) 1 $ MED EXP (Any one person) I S Excluded PERSONAL B ADV INJURY I S 1 , 000,000 GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: r X POLICY `! PF T LOC i PRODUCTS - COMPIOP AGG S 2,000,000 S I AUTOMOBILE LIABILITY I L— ANY AUTO ALL OWNED AUTOS 7 SCHEDULED AUTOS _ HIRED AUTOS NON -OWNED AUTOS (� I I I I I I - I i I I COMBINED SINGLE LIMIT $ (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) I S PROPERTY DAMAGE I (Per accident) , $ IS IS !UMBRELLA LIAR I i OCCUR : EXCESS LIAB I I CLAIMS -MADE EACH OCCURRENCE • S AGGREGATE IS --._DEDUCTIBLE RETENTION S $ S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y! N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? u NIA (Mandatory in NH) If yes. describe under DESCRIPTION OF OPERATIONS below - WC STATU- : OTH• I TORY LIMITS.; FR E.L. EACH ACCIDENT I $ _ ff E.L. DISEASE - EA EMPLOYES $ : E.L. DISEASE • POLICY LIMIT I $ DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more apace is required) The City of Dubuque, including all of its elected and appointed officials , and all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers per attched Form CG 2026, on a primary and contributory basis, per attached Endorsement. Endorsement CG 2504 - Desinated Locations is attached, Governmental Immunity Endorsement is attached, and Endorsement indicating Trikkea are not excluded. CERTIFICATE HOLDER CANCELLATION CITY OF DUBUQUE CITY HALL 50 W 13TH STREET DUBUQUE, IA 52001 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Sandra Swift/PF ACORD 25 (2003/09) INS025 (20D309) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo a e registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Organization(s) 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 City Hall 50 W 13th St Dubuque IA 52001 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section li - Who is an Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury' caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing opera- tions; or B, in connection with your premises owned by or rented to you. CSIA405 (08/09)-C + ISO Properties, Inc., 2004 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATION(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Lacatiian(s): Tour Dubuque LLC Information required to complete this Schedule, if not shown above will be shown in the Declarations. A. For all sums which the insured becomes legal- ly obligated to pay as damages caused by "occurrences" under Section 1 - Coverage A, and for ail medical expenses caused by acci- dents under Section I - Coverage C, which can be attributed only to operations at a single designated "location" shown in the Schedule above: 1. A separate Designated Location General Aggregate Limit applies to eaoh desig- nated "location", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Location General Aggre- gate Limit is the most we wilt pay for the sum of all damages under Coverage A, except damages because of "bodily inju- ry" or "property damage" included in the "products -completed operations hazard", and for medical expenses under Cover- age C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits" 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Des- ignated Location General Aggregate Limit for that designated "location". Such pay- ments shall riot reduce the General Ag- gregate Limit shown in the Declarations nor shall they reduce any other Designat- ed Location General Aggregate Limit for any other designated "location" shown in the Schedule above. CSIA405 (08/09)-B 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of be- ing subject to the General Aggregate Limit shown in the Declarations, such lim- its will be subject to the applicable Desig- nated Location General Aggregate Limit. B. For all sums which the insured becomes legal- ly obligated to pay as damages caused by "occurrences" under Section I - Coverage A, and for all medical expenses caused by acci- dents under Section ii - Coverage C, which cannot be attributed only to operations at a single designated "location" shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Ag- gregate Limit or the Products -completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Des- ignated Location General Aggregate Lim- it. C. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily injury' or "property damage" includ- ed in the "products -completed operations hazard" will reduce the Products -completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Desig- nated Location General Aggregate Limit. + Insurance Services Office, Inc., 2008 Page 1 of D. For the purposes of this endorsement, the Definitions Section is amended by the addi- tion of the following definition: "Location" means premises involving the same or connecting lots, or premises whose CSIA405 (08/09)-B connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. E. The provisions of Section ill - Limits Of Insur- ance not otherwise modified by this endorse- ment shall continue to apply as stipulated, + Insurance Services Office, Inc.; 2008 Page of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN WRITTEN AGREEMENT WITH YOU - OPERATIONS AND COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II - Who is an Insured is amended to include as an additional insured any person or organization when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an addi- tional insured on your policy, but only to the extent that the liability is caused by 'your work" performed for that additional insured and only to the extent that such liability is caused by your negligence, acts or omissions or the negligence, acts or omissions of those acting on your behalf. If not specified otherwise in the written con- tract or agreement, a person's or organiza- tion's status as an additional insured under this endorsement ends one year after your operations for that additional insured are completed. The written contract or agreement must be currently in effect or become effective during the term of this Coverage Part. The contract or agreement must be executed prior to the "bodily injury", "property damage" or "personal and advertising injury to which this endorsement pertains, B. With respect to the insurance afforded to the- se additional insureds; the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, includ- ing: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or draw- ings and specifications; or b. Supervisory, inspection, architectural or engineering activities. CSIA405 (08109)-A D. 2. "Bodily Injury" or "property damage" aris- ing out of "your work" for which a consoli- dated (wrap-up) insurance program has been provided by the prime contrac- tor/project manager or owner of the con- struction project in which you are in- volved. 3. "Bodily injury", "property damage" or "per- sonal and advertising injury" to any em- ployee of you or to any obligation of the additional insured to indemnity another because of damages arising out of such injury. 4. "Bodily injury", "property damage" or "per- sonal and advertising injury" for which the Named Insured is afforded no coverage under this policy of insurance. C. With respect to the insurance afforded to these additional insureds, SECTION Ill - LIM- ITS OF INSURANCE is amended to include: The limits applicable to the additional insured are those specified in the written contract or agreement or in the Declarations of this Cov- erage Part, whichever is less. If no limits are specified in the written contract or agreement, the limits applicable to the additional insured are those specified in the Declarations of this Coverage Part_ The limits of insurance are in- clusive of and not in addition to the limits of in- surance shown in the Declarations. With respect to the insurance afforded to the- se additional insureds, SECTION IV - COM- MERCIAL GENERAL LIABILITY CONDI- TIONS. 4. Other Insurance is amended to include: Any coverage provided herein will be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless you have agreed in a written con- tract or written agreement executed prior to any loss that this insurance will be primary. Includes copyrighted material of Insurance • Services Office, Inc., with its permission. Page 1 of 2 • This insurance will be noncontributory only if you have so agreed in a written contract or written agreement executed prior to any loss and this coverage is determined to be primary. When this insurance is excess, as a condition of coverage, the additional insured shall be obligated to tender the defense and indemnity of every claim or suit to all insurers that may provide coverage to the additional insured, whether on a contingent, excess or primary basis. CS1A405 (08/09)-A Ineiudes copyrighted material of insurance Services Office; Inc.. with its permission Page 2 of 2 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF GOVERNMENTAL IMMUNITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. We will waive, both in the adjustment of claims and in the defense of "suits" against the insured, any governmen- tal immunity of the insured, unless the insured requests in writing that we not do so. Waiver of immunity as a defense will not subject us to liability for any portion of a claim or judgment in excess of the applicable limit of insurance. CG 24 14 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - AIRCRAFT AUTO OR WATERCRAFT GUIDED TRIKKE TOURS This endorsement modifies insurance provided under the following:: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Exclusion g. Aircraft, Auto or Watercraft of Paragraph 2. Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability is deleted in its entirety and replaced by the following: g. Aircraft, Auto or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 26 feet long; and (b) Not being used to carry persons or property for a charge; Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; or (5) "Bodily injury" or "property damage" arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a [and vehicle that would qualify under the definition of "mobile equipment' if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged; or (b) the operation of any of the machinery or equipment listed in Paragraph f,(2) or f.(3) of the definition of "mobile equipment'. (3) However, this exclusion does not apply to "bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any Trikke used in Guided Trikke Tours. includes copyrighted material of ISO Properties, Inc., with its permission. Page 1 of 1 stohca trek on Tr!kkes JESSICA REILLY • Telegraph Herald Leo Broughton, with Tour Dubuque, talks with Linda Herbst, of Dubuque, and her grandson Carter Herbst, 11, of Denver, Iowa, about a Trikke, a motorized three - wheeled vehicle. Tour Dubuque offers motorized tours of several areas of the city. 41 Mi Ile I Leo Broughton co -owns Tour Dubuque. Tour Dubuque uses 3- wheelers to show off the city's sites BY ERIN MURPHY THstaff writer • emurphy @wcinet.com Iearn about Dubuque's rich past while riding a vehicle that feels like Jit's from the future. That's the aim of Tour Dubuque. The new business was started by Leo Broughton and his girlfriend, Laura Conover, who give guided historical tours of Dubuque's downtown and riverfront areas. The tours are conducted on'Wickes, three- wheeled stand -up cycles powered by a combination of electricity and the rider. "I think it's a great idea. I think it's very unique," said Keith Rahe, president of the Dubuque Convention and Visitors Bureau. "What a great way to see Dubuque and all we have to offer." Broughton and Conover were intrigued tour dubuque Address: 198 Main St., Dubuque, IA 52001 Phone: 563 - 326 -5535 Web: www.tourdubuque.com what is a Trikke? Trikke (pronounced "trike ") designs and builds three - point cambering (leaning) vehicles that allow the frame to lean into turns while keeping three wheels (or skis) on the ground. The stability of this patented platform provides so- lutions for electric mobility, no- impact fitness and recreation. Source: Trikke.com by the idea of giving tours on Trikkes, then became sold when they gave one a recent test drive in Galesburg, Ill., near the home of Conover's family. "We started riding it around town and people were like, Awesome!' We just got a huge amount of feedback," Broughton said. On these Trikkes, Broughton and Conover lead tour -goers through the Port of Dubuque and the Historic Millwork District, downtown and the boutique district. Longer tours include Chaplain Schmitt Island and the area around Eagle Point Park. Future extended tours also might include the Mines of Spain, Broughton said. Along the way, patrons are given notes See TREK, PAGE 2B TREK: Variety of tours available va�lable Continued from Page IB Dubuque also will serve as a Trikke retail relating Dubuque's history architecture shop. arts and entertainment, nature and "We feel like Dubuque is the perfect scenery. place to do this," said You getup there to between 11th Broughton, who grew up and 12th (streets), and basically there's - in Davenport and came to six different types of architecture right , Dubuque to work for IBM. Its there in that block, and some of it is just a small city, and the people magnificent," said Broughton, a self- are very friendly They've described history buff who did his own Laura _ been rooting for us, helping research and also collaborated with area er however they can. ... The historians to develop source material. "We communityhas been very have no shortage of material." supportive. Broughton said three tours are offered, So if desire, let Tour Dubuque take lasting one, two and three hours and you on a there- wheeled educational ride through costing $35, $45 and $55. The tours run through the Key City. regardless of the weather, Broughton said, a great waygto see the ar a,' Rahe said. so long as there are willing souls. "Myhat's off to them. It's a very novel idea. To help offset downtime for tours, Tour People are going to love them." E� Take yours home for only $18,5001 • 148 hp, 1.8L 4- cylinder engine with D -CVVT • 2012 North American Car of the Year • Class- leading fuel economy — 40 MPG Hwy • 5 Spacious Seats America's Best Warranty' 10-Year/100,000-Mile Powertrain Limited Warranty Tour Dubuque If you were at America's River Festival in June or recently at the Port of Dubuque or even downtown, you might have seen Leo Broughton zip by on a motorized, three - wheeled scooter and wondered, "What the heck was that ?" What that was, is a Trikke (pronounced "trike ") Tri -bred Pon -e (pro- nounced "pony" but with an "e" for electric) scooter and it is the vehicle of choice for Broughton's new business, Tour Dubuque. Begun in partnership with his girlfriend Laura Conover in June, Tour Dubuque is a new way for tourists and Dubuque residents alike to tour our historic downtown and learn a bit more about the city's history and architecture. With a home base at the Port of Dubuque (look for a white pop -up tent in the parking lot east of the Diamond Jo Casino or north of the National River Center) Tour Dubuque will be offering guided historic and architectural tours of Dubuque's downtown. The price of the tour includes the rental of Trikke with the tour being led by a guide that can point out points of inter- est, history, and architecture, and answer any questions tour guests might have. Any questions that tour guides cannot answer become an opportunity for more research and learning to be added to future tours. The Trikkes themselves run on a 36 -volt lithium ion battery and can reach a speed of about 10 mph and can travel well over 20 miles on a single charge — more than enough for a tour of Dubuque's down- town. The three - wheeled scooters are legal to take either the street or the side- walk, depending on which might be more safe at the moment. along Michigan Avenue. I thought, 'Dubuque needs that! ' Like the Chicago tour, Broughton imagined a tour that could cover more ground than just a walking tour. "(The Chicago tour) was a fairly small geographical area, but too large to walk and that's kind of what we have here," he noted. "You wouldn't want to do a walking tour to Eagle Point Park." After some research, Broughton decided the three - wheeled Trikke scooters would be a better way to go than the Seg- way. The Trikke is easy to ride and beginners can learn quickly. "Compared to a Segway,sthis takes just minutes," he explained. "A Segway takes about a half- hour." In addition, the Trikke is a more active ride. On a Segway, the rider maintains a standing posture, which can fatigue some people after standing in the same position for too long, but riding the Trikke is a more interactive process, utilizing the rider's entire body. "When you turn, it's like a carving motion like downhill skiing," Broughton said. After letting us take it for a spin, we can attest that it is fun to ride. After another trip to Chicago to purchase the firsttest vehicle, Broughton immediately set to working out a plan for the busi- ness. He's since purchased six Trikke scooters to rent for tours. Down the road, Broughton hopes to set up a storefront, pos- sibly in the Historic Millwork District, where Tour Dubuque can both rent and sell the motorized Trikkes. "We're kind of hoping that it becomes a vehicle that people that live in the urban part of Dubuque would adapt (to using) other than cars," he said. Tour Dubuque might add other, more specialized tours. Broughton got the idea for the Trikke -based Tour Dubuque while on vacation. "Last summer we went to Chicago and we were walking around in Grant Park down by Bucking- ham Fountain and we saw Segways going around," he said. "So I went up to a guy and asked where he got the Segway. He handed me a card for Steve's Segway Tours. We called up Steve and we were just expecting someone to lead us around, but they told the story of Buckingham Fountain, Millennium Park, Soldier Field, and some of the architecture Other ideas for the future include the possibility of mounting an iPad on each scooter, which could provide additional historical information and even photos of an existing build- ing or location from an earlier time. "Maybe you could see it in the 1830s, 1850s, mid -19th century," he specu- lated. "We're real excited about being able to tell not only the history but relating it to the contemporary." Broughton first became familiar with Dubuque when began commuting from Davenport to work at IBM when it first opened. After getting to know the city and with experience in property management, he began to look for an opportunity to live here and utilize his experience. "I had been to Dubuque a lot and really liked the city, the architecture, the landscape." Finding suitable properties in which to invest gave Broughton an opportunity to move to Dubuque and become part of a progressive community. "It's really kind of an inspiration to come here, to live here, to grow with IBM, to grow with the community, to be in a place that is thriving," he said. "I think that's great." 90154, Zoi z° www.Dubuque365.com