Tour Dubuque Trail and Park Use AgreementMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Trail and Park Use Agreement with Tour Dubuque
DATE: February 18, 2014
Dubuque
band
AI- America City
1
2007 • 2012 • 2013
Leisure Services Manager Marie Ware recommends City Council approval of the Trail
and Park Use Agreement with Tour Dubuque. The term of the Agreement is from
May 19, 2014 through October 26, 2014.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael 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
THE CITY OF
Dui
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Marie L. Ware, Leisure Services Manager
DATE: February 14, 2014
SUBJECT: Trail and Park Use Agreement with Tour Dubuque
Dubuque
trati
M- America City
'111'
2007 • 2012 • 2013
INTRODUCTION
The purpose of this memorandum is to request City Council approval of the Trail and Park Use Agreement with Tour
Dubuque.
BACKGROUND
In 2013 Leo Broughton of Tour Dubuque asked the City for approval to use city trails and certain parks for guided tours using
Trikkes. Trikkes are single person motorized electric vehicles that are 4' Tong, 2' wide and 4' high, weighing 50 pounds.
They have a maximum speed of 18 mph but for insurance purposes they go 10 mph or less on the tour.
Last year, after thorough discussions with Legal, Police, Planning Services, Public Works, city insurance carrier and ICAP,
the Park and Recreation Commission and City Council approved the staff recommendation for an agreement for one season
as a trial.
DISCUSSION
Mr. Broughton is requesting to renew the agreement for another season. Since there were no problems or issues reported to
the city after last year's agreement, the Park and Recreation Commission recommended approval of the attached Trail and
Park Use Agreement at their February 11th meeting.
The Trail and Park Use Agreement has been reviewed and approved by City Attorney Barry Lindahl.
RECOMMENDATION
I respectfully request approval from the City Council of the attached Trail and Park Use Agreement with Tour Dubuque.
Prepared by:
MLW et
cc:
Steve Fehsal, Park Division Manager
Leo Broughton, Tour Dubuque
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
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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 19 through October 26, 2014.
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.
2
DATED THIS 3RD DAY OF MARCH, 2014.
Owner
Authorized Signature
Roy D. Buol, Mayor
Printed Name and Title
3
Tour Operator
xut orized Signatur
L« 4-1-�.7 lJt.�►1-ev
Printed Namend Title
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 150 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 150 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 150 form is referenced the current edition of the form must be used.
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City of Dubuque Insurance Requirements for Tenants and Lessees of
City Property or Vendors (Suppliers, Service Providers)
Insurance Schedule A (continued)
Exhibit 1
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 I50 commercial general liability form CG 0001, or Business owners form BP 0002,
shall be clearly identified.
b) Include I50 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 I50 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.
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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
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