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PetData, Inc. Anmial Licensing Agreement 2008THE CITY OF DUBUQUE Masterpiece on the Mississippi Dubuque All-American City 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Mananger SUBJECT: Outsourcing Pet License Sales DATE: November 12, 2008 Public Health Specialist Mary Rose Corrigan recommends City Council approval of an agreement with PetData, Inc., a pet licensing service that will handle all sales of dog and cat licenses. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Mary Rose Corrigan, RN, Public Health Specialist THE CITY OF DUBUQUE Masterpiece on the Mississippi Dubuque All-American City 2007 TO: Michael C. Van Milligan City Manager FROM: Mary Rose Corrigan, RN, Public Health Specialist SUBJECT: Outsourcing Pet License Sales DATE: November 12, 2008 INTRODUCTION This memorandum presents an agreement with PetData, Inc., a pet licensing service that will handle all sales of dog and cat licenses to citizens, for City Council approval. BACKGROUND In June 2008, the City Council approved the recommendation to move forward with the necessary steps to execute an agreement with PetData, who would provide pet licensing sales for the City. PetData is the sole provider of a pet licensing sales service available (see attached June 3, 2008 memorandum.) DISCUSSION The Health Services Department staff has prepared for the conversion of pet license sales to PetData with the Finance and Information Services Departments. Dubuque County is also a part of this agreement. However, all sales and revenue for County pet licenses will be separated from City of Dubuque sales by PetData. Partnering with Dubuque County in this agreement will be beneficial for all parties since both the City and County will have access to more pet rabies vaccination information from veterinarians, resulting in more licenses sold, and thus, keeping the PetData costs at a minimal level. The County Board of Supervisors will consider the contract at their December 1, 2008 meeting. Since dog licenses are due in January 2009, the goal is to begin selling the licenses utilizing PetData on January 1, 2009. Pet owners will receive a pet license invoice in the mail and can purchase the license via mail or through the PetData website. BUDGET IMPACT The cost per license sold of $3.80 due PetData will be partially offset by the approved increase in animal license fees and by more licenses being sold due to greater efficiencies in the system. A one-time $975 setup fee will be paid proportionally by the City and the County ($650 by the City and $325 by the County), along with some bank fees generated since the City will have a special account setup in Farmers Branch, TX, where PetData is located. RECOMMENDATION Approve the attached agreement for animal licensing services between the City of Dubuque, Iowa and PetData, Inc. CITY COUNCIL ACTION Authorize the Mayor to sign the agreement on behalf of the City of Dubuque. M RC/cj cc: Jeanne Schneider, City Clerk Ken TeKippe, Finance Director Chris Kohlmann, Information Services Manager THE CITY OF DUBUQUE Masterpiece on the Mississippi Dubuque All-American City 2007 TO: Michael C. Van Milligen, City Manager FROM: Mary Rose Corrigan, RN, Public Health Specialist SUBJECT: Outsourcing Pet License Sales DATE: June 3, 2008 INTRODUCTION This memorandum provides information on the City's current pet licensing system, a company that provides these services, and a recommendation for outsourcing pet license sales. BACKGROUND The Health Services Department has investigated outsourcing pet license sales due to the incredibly time consuming, cumbersome, and often inefficient system currently used ( see Exhibit 1). The City's pet licensing database is housed through the Information Services Department's Pentamation system, primarily administered by the City Clerk's Office and also utilized and updated by the Health Services Department. Since Pentamation is primarily a finance software system, it was tailored to track and issue pet licenses. As demonstrated by the attached license sales process, there are many steps which can also lead to mistakes and unhappy citizens (see Exhibit 2). The Health Services Department also enters all animal rabies certificates into the database, which are supplied by local veterinarians as required by the City Ordinance. DISCUSSION Staff from the Health Services Department has researched various software packages for pet licensing, and also had discussions with PetData, a firm whose only function is to provide full-service pet licensing to communities. (See Exhibit 3). A system like PetData's would enable the City to sell pet licenses year round, instead of only the three-month time periods of January -March (for dogs) and July -September (for cats). This would ease the burden of processing thousands of licenses and enforcing on delinquents, since we wouldn't be doing them all at once. Selling licenses year round, with renewals on the date of purchase, would also not penalize citizens buying licenses for their dogs in, for example, November or December when they have to turn around and buy a new one sometime between January -March. Licenses would also be able to be purchased via credit and/or debit card with PetData. Partly due to the amount of workload required for inputting pet license data, City Clerk Jeanne Schneider is adding apart-time secretary beginning January 1, 2008. This position would potentially not be necessary if the pet licensing is outsourced. It would also allow City Clerk's staff to concentrate on other duties in a more timely fashion and not be overwhelmed with an influx of license sales for six months of the year. In addition to staff time savings in the Clerk's office, Health Services and Information Services Departments staff would also spend less time on maintaining the current licensing system and handling citizen licensing complaints. The City would still be able to sell pet licenses on a limited basis for special circumstances. The Health Services Department would continue enforcement through civil citations with the Legal Department. However, we believe the number of citations would drastically be reduced due to the efficiencies of a new system. The enforcement would also be spread throughout the year, thus not inundating the Legal Department two times a year for pet licensing enforcement. Dubuque County is in the process of adopting an animal ordinance and have indicated they would like to partner with us in using PetData. PetData can separate City and County revenue and expenses for licensing by using GIS. The benefit of partnering with the County would be that all of the county rabies vaccination information from veterinarians would be available to capture more licensing. BUDGET IMPACT Health Services De artment current license-related costs Amount Printin of renewal notices, ostcards, window envelo es, etc. $2334 Posta a for mailin renewal notices and to s a x. 8,000 .42 $3360 Health Services Secretary (rabies inputting and deletions/changes) -20* hrs per mo (13% of salary) & fringe - $519 X 12 mo $6228 Animal Control Officers - 10* hrs er mo 8% of sala - $209 X 12 mo $2512 Citation osta a estimate 500 citations $2.87 ea., less 25% $1076 TOTAL Health Services $15,510 Cost of Animal Control Activity FY'08 - $ 94,900 (does not include Humane Society Purchase of Service Agreement which is $109,400) City Clerk's Office license-related costs -The budgeted amount of $12,882 fora 20 hour/week part-time secretary. This position will not be filled at this time and the need for the position will be re-evaluated after the PetData contract has been in place for at least one pet licensing cycle. Not included in this amount, is the time spent on licensing by other staff members in the City Clerk's Office. There are days when all three employees spend the majority of the day processing pet licenses. Frequent customer walk-ins and phone inquiries regarding pet licenses are unnecessarily time consuming due to the current system being cumbersome and inefficient. OUTSOURCING COSTS AMOUNT Setu one time fee $ 975 License fees - $3.75/license @ 8500 license renewals (est.) $32,725 REVENUE FY'07 PET LICENSES AMOUNT Dos $ 83,499 Cats $ 37,723 Total Revenue $ 121,222 Total Bud eted Cost of FY'08 Animal Control Activit $ 94,900 Net Revenue less Activit Ex enditures $ 26,322 Staff has researched to find other companies besides PetData who provide this comprehensive pet licensing service, but have not found any. Therefore, we would like to begin the process for executing a contract with PetData. Several areas will need consideration prior to contracting with PetData: 1. Animal Ordinance changes for licensing would require modification. At the same time, other animal ordinance changes and needed updates would be drafted. 2. Coordination with the Finance and Information Services Departments. Both departments have been informed of this outsourcing option and have indicated they could accommodate the transition and ongoing service. 3. Setup method for the City Clerk and/or Animal Control to sell pet licenses on a limited basis for special circumstances. 4. Public education to explain the new licensing process to citizens, veterinarians, etc.. RECOMMENDATION I recommend moving forward with the necessary steps to execute a contract with PetData, who would provide the pet licensing service for the City. A contract will be presented for Council consideration at a later date. CITY COUNCIL ACTION Recommend staff begin the process for outsourcing pet licensing for the City of Dubuque. MRC/cj Cc: Jeanne Schneider, City Clerk AGREEMENT FOR ANIMAL LICENSING SERVICES BETWEEN THE CITY OF DUBUQUE, IOWA, DUBUQUE COUNTY, IOWA AND PETDATA, INC. This Agreement, dated for reference purposes the 1st day of December, 2008, is made and entered into by, between, and among the City of Dubuque, Iowa (City), Dubuque County, Iowa (County), and PetData, Inc., a Texas corporation (Contractor). SECTION 1. DESCRIPTION OF WORK. 1.1 For the consideration set forth below, Contractor shall provide to City and County certain animal licensing services (the Services) described in Exhibit A, Scope of Services. The Services shall be performed in a good and workmanlike manner. 1.2 City warrants that all historical data, consisting of licenses older than ninety (90) days, has been entered into City's database and is available in a readily importable format. Furthermore, Contractor may be provided with remaining animal licensing supplies by City, and if so, Contractor shall assume responsibility for the reasonable cost of shipping said supplies. SECTION 2. OVERSIGHT AND COORDINATION. All Services under this Agreement shall be coordinated under, and performed to the reasonable satisfaction of the City Manager of City or his or her designated representative. SECTION 3. CONTRACTOR ACKNOWLEDGEMENT. Contractor acknowledges that, prior to signing this Agreement, Contractor has become acquainted with matters relating to the performance of this Agreement and the terms and conditions of this Agreement. SECTION 4. CITY FEES. 4.1 Base Fees. Contractor shall receive base fees as follows: (1) $3.85 per license for a one (1) year license or a replacement tag. $2.00 for each additional year after year one if there are multi-year licenses. (2) $2.50 Collection Service Fee for each late fee and/or citation fee collected during the term of this Agreement, if applicable. 4.2 Start-Up Fee. The Start-Up Fee of $975.00 is due upon execution of this Agreement by City. There shall be no Start-Up Fees for term extensions and/or 11-12-08 renewals. County shall reimburse City for County's share of the Start-Up Fee in the amount of $325 upon receipt of a statement from City. 4.3 Postal Surcharge. Since postage represents a major expense in administering animal licenses, Contractor has the right to increase its fees a corresponding amount in the event that postal rates increase during the term of this Agreement. 4.4 Additional Service Fees. The following fee(s) shall only apply if the Services are requested by City or County. (1) In the event PetData establishes and/or maintains a separate bank account on behalf of City or County, City or County, as the case may be, shall be responsible for the cost of the bank account. Any bank fees will be paid directly by PetData and PetData will be reimbursed for those fees on a monthly basis. City may request copies of the bank account statements at any time and PetData shall provide bank statements within three business days after requests are received by PetData. (2) Supply Fee. In the event that City or County requests changes to supplies which it has previously approved, City or County, as the case may be, shall be responsible for all reasonable costs associated with changing, replacing, or discontinuing the use of the previously approved supplies. 4.5 Charges to Licensees. (1) Credit Card Transaction Fees (Paid by licensee, not by City): A minimum fee of $1.75 per credit card transaction, online or offline, shall be charged to licensee. (2) Bad Check/Payment Fees (Paid by licensee, not by City): If Contractor establishes a depository account on behalf of City or County, Contractor shall be entitled to charge a fee of $25.00 to any individual who submits a check or payment which is not valid. SECTION 5. ADDITIONS/DELETIONS OF SERVICE. City reserves the right to add and/or delete services to this Agreement. Should additional services be required from this Agreement, prices for such additions will be negotiated between the Contractor and City. Should a service requirement be deleted from this Agreement, no adjustments for such deletions will be made during the initial term of this Agreement. 11-12-08 2 SECTION 6. REPORTS. Within fifteen (15) business days after the end of each calendar month during the term hereof, Contractor shall submit an animal licensing summary report to City and County in a form mutually agreed upon. SECTION 7. PAYMENT. Contractor shall deposit all animal license fees into a segregated subaccount at its bank set up solely for the purpose of administering this Agreement. Within 15 business days after the end of each calendar month, Contractor shall remit all license fees to City and County via check or ACH transaction, less all fees due Contractor. If in any given month, there are insufficient funds to cover fees due to PetData, City and County respectively shall render a payment to PetData in the amount equal to the shortage based upon a statement from PetData to City and County. In the event any animal license fees are paid directly to City or County by a citizen or veterinarian, City or County, as the case may be, shall either forward such fees to Contractor within five business days of receipt of the fee or deposit such fees into a City or County account and report the collected fees to Contractor within fifteen days. SECTION 8. TERM. The initial term of this Agreement shall commence on the 1st day of December, 2008 and shall expire on the 30th day of November, 2011, unless this Agreement is sooner terminated in accordance with the other provisions of this Agreement. SECTION 9. INFORMATION TO BE PROVIDED BY CITY OF DUBUQUE. Contractor requires that City provide it with certain supplies, data, feedback, process information, and approvals for such items as form designs (Deliverables) in order for Contractor to begin servicing this Agreement in a timely manner. Contractor requests that the Deliverables be provided as soon as possible after the date the Agreement is signed or the date the Agreement receives final approval as necessary. Any delays in providing Deliverables will result in delays in implementing this Agreement. Regardless of any delays, City will be required to adhere to all terms of the Agreement, including the payment to Contractor for the processing of all licenses including those at its own shelters or by its agents, during the term of the Agreement. Representations made in Exhibit A, Scope of Services, with regard to processing time for data entry and tag mailings begins thirty (30) days after all Deliverables have been provided to Contractor. SECTION 10. PERMITS. Contractor shall obtain the necessary permit(s), if any, required by City and County or their governing ordinances for the performance of the Services. City and County agree to provide Contractor with a list of any and all such permits and to work with Contractor in good faith to aid it in obtaining any such permits in a timely fashion. SECTION 11. DATA OWNERSHIP AND DATA TRANSFER. 11.1 Contractor agrees that animal licensing data at all times belongs to City and County and that at no point in time does Contractor ever own the data. Contractor agrees that it will not use personal data collected on behalf of City or County for any purposes other than those described in the included Scope of 11-12-08 Services unless specifically directed by City or County. Furthermore, Contractor specifically agrees that it will never sell, transfer, or release personal data it has collected in fulfilling the terms of this Agreement to a third party. Additionally, Contractor agrees that any intentional sale, transfer, or release of animal licensing data represents an event of default and City or County have the right to terminate this Agreement immediately. Finally, Contractor agrees to return and/or transfer all animal licensing data to City and County in a timely manner at the completion of the final term of this Agreement. 11.2 Contractor will provide licensing data to City in an agreed-upon format. SECTION 12. INDEMNITY. Contractor agrees to defend, indemnify, and hold City and County, and their officers, agents, and employees, harmless against any and all claims, lawsuits, judgments, costs, and expenses for personal injury (including death), property damage, or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by Contractor's negligence, willful misconduct, or strict liability in the performance of the Services. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. SECTION 13. COMPLIANCE WITH LAW. Contractor shall, during the performance of the Services, comply with all applicable federal, state, and local laws, codes, and ordinances. SECTION 14. INSURANCE REQUIREMENTS. Contractor shall procure, pay for, and maintain insurance during the term of this Agreement as set forth in the attached Insurance Schedule. SECTION 15. ASSIGNMENT. Contractor shall not sell, assign, transfer, or convey this Agreement, in whole or in part, without the prior written consent of City and County; and as a condition of such consent, Contractor shall remain liable for completion of the Services in the event of default by the successor contractor or assignee. SECTION 16. TERMINATION. Any party may, at its option and without prejudice to any other remedy it may be entitled by law or in equity, or elsewhere under this Agreement, terminate this Agreement, with or without cause, provided it gives the other parties not less than ninety (90) days written notice. SECTION 17. UNFORSEEN CIRCUMSTANCES. Contractor shall not be responsible for any delay or omission caused by natural disaster, war, civil disturbance, labor dispute, or other cause beyond Contractor's reasonable control, provided Contractor gives written notice to City and County of the cause of the delay or omission within ten (10) days after the occurrence of the event causing such delay or omission. 11-12-08 4 SECTION 18. NOTICES. Any notice, payment, statement, or demand required or permitted to be given hereunder by either party to the other shall be effected by personal delivery in writing or by regular mail, postage prepaid. Mailed notices shall be addressed to the parties at the addresses appearing below, but each party may change its address by written notice in accordance with this section. Mailed notices shall be deemed communicated as of three days after mailing. Notices for City shall be addressed to: City Manager Dubuque, Iowa City Hall 50 W. 13t" Street Dubuque, IA 52001-4764 Notices for County shall be addressed to: County Board of Supervisors Dubuque County Courthouse 720 Central Avenue Dubuque, IA 52001 Notices for Contractor shall be addressed to: Chris Richey, President PetData, Inc. PO Box 141929 Irving, TX 75014-1929 SECTION 19. MISCELLANEOUS. 19.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa. 19.2 Entire Agreement. This Agreement embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties relating to matters herein; and except as otherwise provided herein, cannot be modified without the written agreement of the parties. 19.3 Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Agreement shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. 19.4 Successors and Assigns. This Agreement shall be binding upon and insure to the benefit of the parties hereto and their respective heirs, executors, 11-12-08 5 administrators, successors and, except as otherwise provided in this Agreement, their assigns. 19.5 Captions. The captions to the various clauses of this Agreement are for information purposes only and shall not alter the substance of the terms and conditions of this Agreement. 19.6 Authorization. Each of the parties represents and warrants to the other that this Agreement has been duly authorized by all necessary corporate or governmental action on the part of the representing party and that this Agreement is fully binding on such party. 19.7 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. CITY OF DUBUQUE, IOWA PETDATA, INC. By: Roy D. Buol, Mayor By: Chris Richey, President By: Jeanne F. Schneider, City Clerk DUBUQUE COUNTY, IOWA By: Donna Smith, Chairperson, Board of Supervisors 11-12-08 6 Exhibit A -Scope of Services All of the services described herein shall apply to animals in the City of Dubuque and the County of Dubuque. 1. Deposit all receipts collected for license fees into a separate sub-account set up solely for the purpose of managing City and County animal licensing funds. Contractor shall remit all license fees to City and County via check or ACH transaction, less all fees due Contractor, within fifteen days after the end of each calendar month. 2. Provide veterinarians and other authorized registrars with reasonable quantities of supplies (reporting forms, vaccination certificates, citizen mailing envelopes, etc.) necessary to sell license tags and/or report information on citizens vaccinating their animals against rabies to the Animal License Program. Supplies are to be printed in one color with the design and layout to be determined by PetData. PLEASE NOTE: City and County are responsible for purchasing license tags and shipping them to PetData. Contractor recommends that tags be shipped directly from tag vendor to contractor to reduce shipping costs. 3. Track monthly vaccination and/or sales reports from all veterinarians participating in animal licensing program and keep record of all tag inventories at authorized registrars. Provide this information to City or County as requested. Furthermore, Contractor will communicate directly with veterinarians as requested by City or County. 4. Enter all new and renewal licenses into PetData's proprietary database provided that all information has been submitted to PetData in a complete and accurate format. 5. Process and mail license tags within ten (10) business days after receipt of the licensing payment and complete documentation as required by local ordinance. 6. Issue replacement tags to citizens whose license tags have been lost, stolen, or damaged. 7. Process rabies vaccination certificates on behalf of City and County and mail notices to those pet owners who vaccinated their pet(s) against rabies, but did not purchase license(s). [NOTE: Rabies vaccination data is owned by the City and County, not by Contractor. At no time can Contractor ever make the data available to the public or to any third party without the prior written consent of City and County.] 11-12-08 7 8. Provide a monthly report of animals licensed. Format of report is to be mutually agreed upon. 9. Provide statistical reports as requested within a timely manner. Depending on the information requested, PetData can provide most reports within five (5) business days. 10. Respond to and communicate with animal control officer inquiries or animal owners' requests in a timely fashion. 11. Communicate with citizens by phone, mail, or email as needed. 12. Comply with all state and local laws governing animal licensing. 11-12-08 8 Insurance Schedule 11-12-08 INSURANCE SCHEDULE A INSURANCE REQUIREMENTS FOR TENANTS AND LESSEES OF CITY PROPERTY OR VENDORS {;SUPPLIERS, SERVICE PROVIOERSy TO THE CITY Of DUBUQUE 1. All policies of insurance required hereunder shat! be with an insurer authorized to do business in Iowa. Alt insurers shall have a rating of A or better in the current A,M. Best Rating Guide. 2. All Certificates of Insurance required hereunder shall provide a thirty {30} day no#ice of cancellation to the City of Dubuque, except for a ten {10} day notice far non- payment, if cancellation is prior to the expiration date. 3. shall furnish a signed Certificate of Insurance to the City of Dubuque, Iowa far the coverage required in Paragraph 6 below. Such trertificates shall include cotes of the fallowing policy endorsements: a} Commercial General Liability policy is primary and non-contributing. b} Gornmercial General liability additional insured endorsement. c) Governmental Immunity Endorsements. 4. Each certificate shall be submitted to the contracting department of the City of Dubuque. 5. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to abtain or maintain the required insurance shall be considered a material breach of this agreement. 6. shall be required to carry the following minimum coveragellimits or greater r€ required by law ar other legal agreement: a} COMMERCIAL GENERAL LIABILITY General Aggregate limit ~2,@00,000 Products-Gampleted ©peratians Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence limit $1,000,000 Fire Damage t_imit {any one occurrence} ~ 50,000 Medical Payments ~ 5,000 This coverage shalt be written an an occurrence, not a claims made form. Form CG 25 04 03 97 "Designated Lacafian (s) General Aggregate Limit" shall be included, All deviations ar exclusions from the standard ISO commercial general liability form CG 0001, or Business Owners farm BP 0002, shall be clearly identified. 1 of 2 January 20013 INSURANCE SCHEDULE A {Continued INSURANCE REQUIREMENTS FUR TENANTS AN© LESSEES OF CITY PROPERTY UR VENDORS {SUPPLIERS, SERVICE PRUVIDERS~ TO THE CITY OF DUBUQUE Governmental Immunity Endorsement identical or equivalent to form attached. Additional Insured Requirement: The City of Dubuque, including al! its elected and appointed officials, all its employees and volunteers, all its hoards, commissions and/or authorities and their board members, employees and volunteers shall be named as an additional insured an General Liability Policies using ISt) endorsement GG ~{~ 26 Q704 "Additional insured -Designated Person or Organization,"' or it's equivalent. - 5ee Specimen b) WURKERS' COMPENSATION ~& EMPLOYERS LIABILITY Statutory for Coverage A Employers liability: Each Accident ~100,0€~~ Each Employee -Disease $1 taa,®00 Policy Limit -Disease $500,C1Q0 cj UMBRELLA EXCESS LIABILITY LIC~UOR OR DRAM SKOP LIABILITY Coverage to be determined on a case by case basis by Finance Director. Completion Checklist Q Certificate of Inability insurance {2 pages) [~ Designated Location(s) General Aggregate Limit CG 25 (}4 03 97 (2 pages) Q Additional Insured 2A 26 O7 04 Q Governmental Immunities Endorsement 2 of 2 January 2a{l8 ACa-R_DTM CERTIFICATE OF LIABIL ITY INSURANCE °"'~''~"°°"""' 12J7 2ao7 PRODUCER {563} 123-4567 FA7t (563) 987-6543 IasusanC6 AgpnCy Stzvsat Address THIS CERTIFICATE IS 1$SUED A$ A MATTER flf 0#ORIIA710N- HOLDERNDHISGCER tFICATER°QES MaT~AM ~Q, E%TEND~OR ALTER 7HE COVERAGE AFFORDED BY THE P LICIE$ 6ELOW. Ci $T Zi Coda INSURERS AFFORDING COVERAGE NAIL J)e M ~N$URER A. InsUranC9 C4 n Caapany INSURER a SLYAAL iNSiAYER C RO C1 gt `1.1 CCH~@ WSI#tERE COVERAGES ThM POLICIES QF INSURANCE LlSTEO BELOW F1AVE BEEN l55UEa TO THE INSURED NAMED A6QVE FOR THE PQLIGY PER100 IIKfIt:ATEO NQTMATHSTANDIMC ANY REQUIREMENT, TERM Lit CONatTION QF ANY CONTRACT OR OTFIER DOGt)MEMT MATH RESPECT TQ MArH TF11S CERTIfiCJ-1E MAY BE I$$UEQ aR MAY PERTAIN, Tt~ ~+tSURANCE AFFOROEQ 8Y THE PQUCIES DESCR18Ea NEREiN IS SUBJECT TO A41 THE TERMS E%CLUSIONS ANO CQNpRiONSS OF SUCH PQLIC~S AGGREGATE LIMI75 SHOMlN MAY HAVE BEEN REDUCED BY PAq? CLAIMS ~~ ADD't_ µ iECTIVE PJRATION ~ ~ TY-[ OF INSiMtANCE POLICY hAIMBER p p,' IY L.NiUTS ce~RAL L4IMLITY EACH OCGINiRENCE s 1, oao, oao % CT7AeAERCtM. 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A~EO BY EIWORSEMENT/!«PCCIAL PA04MRIDNS City of Dubuquq is listed as an additionst insured en general liability policiga using iS0 endorremgnt farm CG 2026 0701 *Additional Insured-desigeutgd Fgrsea or Organisatien^ or its gquivalgnt. Cerlsrai Liability Policy is primasy i non-contributing. Ferro CG 250. 0397 "Oegignatqd toeationa" ggnqral liability aggregate limit is inciudgd. Qewrnlagntal issuaities endorsgm~t iq included. ~1 t]/ Ctf UGjtl@ sa WR$'t 13th Strraot DubuquQ, ZA 520x1 ACORO 25 {2004/08) INS02Staloaloa AMS 6110tK0 ANY OP THE Ai60YE DESCRlS® POLICR:3 ®@ CANCELL~ pRPORE TT! EXPatATIDN DATE TTK~Di, THE ISSUING IN8URE/t WILL ENDlAVOR TD RAIL 3a DAYS WltlTTEN NOTICE To THE cETlnrIC~ITE NOLDHI NAMED Ta THE LEFT, euT sAA<WlE Tp DO s0 ssNALL I Np 06LIGATgN OR WsA.ITY ~ ANY KsaD U-ON. THE AUTNORRlD vMP Matgap® sa~r~. Inc r80Q£T.^7 Os+s to ACORD CORPORATION 14ED Paq. X ,l2 13 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the paicy(iesy must Ere esrrdora48d. A statement on this certificate does not ponfer rights to the exrtificate homer ~ lieu of such endarserrrer~N(s}. If SUBROGATION IS WAIVED, subject to the terms and oonr~tians of the poky, certain polir~s may require an endorsement. A statement on this certificate does not confer rights to the certifrcate holdesr m Lieu of such endorsement{s}. DISCLAIMER The Certificate pf insurance on the reverse aide of this form does not constitute a contract behveen the issuing wrsurer(s}, atratiorized representative or prpducer, and the ,certificate holder, nor does it affirmatively or negatively amend. extend crr alter the coverages eaffordesd toy the palit:ies listed ~e:reon. SPE~~N ~h~ule .....,.,.. ~~ e~w.~wr W 5025 ia+oe} oe AMS "apr 2 a 2 14 POLICY NUMBER_ C+C3fWMERCIAL GENERAL 1.IABlL1TY CG 25tH Q3 87 THfS ENQ4RSEMENT CHANGES THE PC?LICY. PLEASE READ IT CAREFULLY. DESIGNATED LiQCAT1aN4S} GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABIL€TY COVERAGE PART SCNEDtJLE OesEgnated Lot:atian{s~; (tf no entry appears above, information required to complete th€s endorsement will be shown €n the DBClarat€ons as applicat~le to this endorsement.) A. Far all sums wh€ch the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A [SECTION I), and for all medical expenses caused by accidents under C©VERAGE C [SECTION l), wh€ch can be attributed aNy to operations at a single deslg- nated "location" shown in the Schedule abave: 7. A separate Designated Location General Aggregate Limit applies to each designated 'location", and that limit is equal to the amount of the General Aggregate it€mit shown in the t?edarations. 2. The Designated Location General Aggregate LimiE is the mast we v~rill pay far the sum of all damages under COVERAGE A, except dam- ages because of "bodily injury,. or "property damage" included €n the `products-completed operations hazard", and f©r med€cal expenses under C©VERAGE C regardless of the num- ber of. a. Insureds; b. Claims made or "suits" brought; or c. Persons ar organizakions making claims ar bringing "suits", 3. Any payments made under COVERAGE A for damages ar under COVERAGE C far medical expenses shall reduce the Designated Loca- tion General Aggregate Lirnit for that desig- nated "location`. Such payments shall net re- duce the General Aggregate Limit shown rn the Declarations nor shall they reduce any other Designated Locat€on GeneraE Aggre- gate Limit far any other des€gnated "location` shown in the Schedule above, 4. The limits shown €n the Dedaratians for Each Occurrence. Fire Damage and AAedical Ex- pence continue to apply. However, instead of being subject to the General Aggregate Limit shown €n the Declarations, such limits will be subject to the applicable Designated Location General Aggregate Limit. B. For ail sums which the insured becomes legally obligated to pay as damages caused by 'occur- rences' under COVERAGE A (SECfiI©N I), and for all medical expenses caused by accidents under COV>=RAGE C [SECTION I), wh€ch can- not be attributed only to operations at a single designated "location" shown in the Schedule abave: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit ar the Products-Completed Operations Aggregate Limit, whichever is appNcable; and 2. Such payments shall net reduce any Desig- nated Location General Aggregate Limit. CG 25 t)4 t)3 97 Page ~ of 2 CG 2S t1r4 03 9T G. When coverage for liability arising Qut of the "pr~ucts-completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the `products-completed aperatirans hazard" witl reduce the Products-Completed ©peratrons Ag- gregate Limit, and not reduce the GBneral Ag- gregate Limit nor the Designated Location Gen- eral Aggregate Limit. t}r For ~e purposes of this endorsement, the Defi- nitions Section is amended by the addition of the following definition: "Location' means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-oi way of a raifroad. E. The provisions of Limits Of insurance (SECTION Elly not otherwise modified by this endorsement shall continue to apply as stipulated. Copyright, Insurance Services Uffice, Inc., 1996 Page 2 of 2 CG 25 t}4 Q3 97 PC}LICY NUMBER: COMMERCIAL GENERAL LIA6lLlTY CG 2028 OT 44 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ iT CAREFUL.LY. ADL~ITIO-IVAL INSURED -- ©E~IGNATED- PERSC?N C)R OiRGANIZ'ATIC3N This endorsement rn~ifies insurance provic~d under the lolio+nnng; COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name tN Additions! Insured Persons Qr C3 an'rzatio s The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, eommissjons andlor authorities and their board members, employees and volunteers. Information re wired to com late this Schedule, if not shown above, will be shown in ~e (~eclaraiions, Section !! -Who !s An Insured is amended to in- clude as an additional insured the persons} or or- ganizations} shown in the Schedule, but only with respect to liability for "bodily injury", "property dam- age" ar "personal and advertising injury.' caused, in whole or in pars, by your acts or omissions or the acts ar omissions of those acting on your behali~ A. in the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. AI! terms and conditions of this policy apply unless modified by this endorsement. CG 20 2fr t7T t}4 Includes copyrighted material of Insurance Services Office. Int with parmiSSian. Page i of 1 ~ fS0 Praparties, Inc.. 2004 CITY OF DUBU4UE, IOWA GOVERNMENTAL IMMUNITIES ENOflRSEMENT 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, lawn under Code of Iowa Section 67x_4 as it is now exists and as it may be amended from time to time, 2. Claims CoveracLe., The insurance carrier further agrees that this policy of insurance shall cover only those claims net subject to the defense of governmental immunity under the Code of Iowa Section fi70.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section fi7Q,4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall da so open 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 net 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 defensets) 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 1 of 1 January 20118 21