Loading...
TASC Agree - Flex SpendingMEMORANDUM December 26, 2002 TO:The Honorable Mayor and City Council Members FROM:Michael C. Van Milligen, City Manager SUBJECT:Administrative Services Agreement between the City of Dubuque and Total Administrative Services Corporation (TASC) Personnel Manager Randy Peck recommends City Council approval of the Administrative Services Agreement with Total Administrative Services Corporation (TASC) for the City's Flexible Spending Program. The effective date of this Agreement is January 1, 2002, and will remain in effect through December 31, 2003. The reason for the extensive delay in receiving the final version of this Agreement is due to the fact that some language issues with TASC had to be worked out. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Randy Peck, Personnel Manager CITY OF DUBUQUE, IOWA MEMORANDUM December 11, 2002 TO:Michael C. Van Milligen City Manager FROM:Randy Peck Pemonnel Manager SUBJECT: Administrative Services Agreement between the City of Dubuque and Total Administrative Services Corporation (TASC) Attached is the Administrative Services Agreement for the City's Flexible Spending Program. The effective date of this Agreement is January 1, 2002 and it will remain in effect through December 31, 2003. The administrative fee for processing flexible spending account claims is $3.25 per participating employee per month with a minimum cost of $500 per month. In addition, the City will pay a fee of $100 for each employee enrollment meeting. The reason for the extensive delay in receiving the final version of the Administrative Services Agreement is due to the fact that we had to work out some language issues with Total Administrative Services Corporation. This Agreement has been reviewed by Barry Lindahl and he found the terms to be acceptable. The Health Care Committee has approved the Agreement. I request that the City Council approve a motion authorizing you to sign the Agreement. If you have any questions, please feel free to call. RP:bf Enclosure AGREEMENT FOR FLEXIBLE SPENDING ADMINISTRATIVE SERVICES FOR THE CITY OF DUBUQUE THIS AGREEMENT is made and entered into as of the 1st day of January: 2002 by and between the City of Dubuque, Iowa (hereinafter referred to as "City") and Total Admin/strative Services Corporation (TASC) FlexSystem (hereinafter referred to as "Contractor"). RECITALS WHEREAS, City requires the services of a Flexible Spending Administrator; and WHEREAS, Contractor is qualified to perform such services. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties as follows: 1. SCOPE OF SERVICES City hereby engages Contractor and Contractor agrees to perform the services described in the documentation of services and Summary Plan Description Employer Data Sheet attached as Exhibit A. 2. COMPENSATION City agrees to pay for administrative services of $100 per enrollment meeting and $3.25 per participating employee per month. The minimum cost for services under this Agreement will be $500.00 per month. 3. METHOD OF PAYMENT Upon submission of an invoice 45 days prior to the month of service by Contractor, and upon approval by City's representative, City shall pay Contractor monthly for fees incurred by 15 days into the month of service, as provided for in paragraph 2. Each invoice shall be accompanied by a report specifying the services rendered, to whom, the date of service and the charges in accordance with paragraph 2, or City shall pay for fees in the month following the month of service and incur a $20.00 service charge. 4. TIME OF PERFORMANCE This agreement is for a period of twenty-four (24) months beginning January 1, 2002, and ending December 31, 2003. 5. WARRANTY City relies on Contractor's professional ability and training as a material inducement to enter into this Agreement. Contractor warrants that its work will be performed in accordance with generally accepted professional practices and standards as well as the requirements of applicable federal, state and local laws. City's acceptance of Contractor's work shall not constitute a waiver or release of Contractor from professional liability. 6. MODIFICATION AND TERMINATION This Agreement may be modified only by a written amendment signed by the parties. This Agreement may be tenuinated by City or Contractor, at any time, upon ninety (90) days written notice to the other party. Following termination, Contractor shall be reimbursed for all services rendered that are unpaid at the time of termination not to exceed the amount payable under paragraph 2 of this Agreement. 7. INDEMNIFICATION Contractor shall indemnify, hold harmless and defend City, its officers, employees, agents and elective and appointive boards from all claims, losses or damages directly or indirectly arising from Contractor's operations or from any persons directly or indirectly employed by or acting as agent for Contractor, excepting the sole negligence or willful misconduct of City. This indemnification shall extend to claims, losses, damages, injury and liability for injuries occurring after completion of Contractor's services. Acceptance of insurance required by this Agreement by City does not relieve Contractor from liability under this indemnification clause. This indemnification clause shall apply to all damages or claims for damages suffered as a result of Contractor's operations regardless of whether or not any insurance is applicable. 8. INSURANCE Contractor shall secure and maintain during the term of this Agreement insurance coverage as set forth in the attached Insurance Schedule. 2 9. NON-DISCRIMINATION In rendering services under this Agreement, Contractor shall comply with all applicable federal, state and local laws, roles and regulations and shall not discriminate on the basis of age, ancestry, color, gender, marital status, medical condition, national origin, physical or mental disability, race, religion or sexual orientation. Further, Contractor shall not discriminate against its employees, which includes, but is not limited to employment upgrading, demotion or transfer, recruitment or recruitment advertising, layoffor temaination, rates of pay or other forms of compensation and selection for training, including apprenticeskip. 10. TIME Time is of the essence in all terms and conditions of this Agreement. 11. BEST EFFORTS Contractor warrants that it will at all times faithfully, industriously and to the best of its ability, experience and talent, perform to City's reasonable satisfaction. 12. COMPLIANCE WITH LAW Contractor shall comply with all federal, state and local laws and regulations applicable to its performance, including but not limited to, licensing, employment and purchasing practices, wages, hours and conditions of employment. 13. CONFIDENTIALITY Contractor shall maintain the confidentiality of any information regarding clients (or their families) receiving Contractor's services including, but not limited to, application forms, interviews, tests or reports from public agencies, counselors or any other source. Without the client's written permission, such information shall be divulged only as necessary for purposes related to the performance or evaluation of services provided pursuant to this Agreement, including those furnishing services under Contractor through subcontracts. 3 14. CONFLICT OF INTEREST Contractor warrants that neither it nor its employees nor their immediate families have any interest, including, but not limited to, other projects or independent contracts, and shall not acquire any interest, direct or indirect, which conflicts with the rendering of services under this Agreement. Contractor agrees that no person having any such interest shall be employed or retained by Contractor while rendering services under this Agreement. Services rendered by Contractor's associates or employees shall not relieve Contractor from personal responsibility under this clause. Contractor has an affirmative duty to disclose to City the name(s) of any person(s) who have an actual, potential or apparent conflict of interest. 15. INDEPENDENT CONTRACTOR STATUS A. Contractor is an independent contractor and not an agent, officer or employee of City. It is mutually understood that this Agreement is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. B. Contractor shall have no claim against City for employee rights or benefits including, but not limited to seniority, vacation time, vacation pay, sick leave, personal time off, overtime, medical, dental or hospital benefits, retirement benefits, Social Security, disability, Worker's Compensation, unemployment insurance benefits, civil service protection, disability retirement benefits, paid holidays or other paid leaves of absence. C. Contractor is solely obligated to pay all applicable taxes, deductions and other obligations including, but not limited to, federal and state income taxes, withholding, Social Security, unemployment, disability insurance, Worker's Compensation and Medicare payments. Contractor shall indemnify and hold City harmless from any liability, which City may incur because of Contractor's failure to pay such obligations. D. As an independent contractor, Contractor is not subject to the direction and control of City except as to the final result contracted for under this Agreement. City may not require Contractor to change its manner of doing business, but may require redirection of efforts to fulfill this Agreement. E. Contractor may provide services to others during the same period Contractor provides services to City under this Agreement. 4 F. Any third persons employed by Contractor shall be under Contractor's exclusive direction and control. Contractor shall determine all conditions of employment of such third persons including hours, wages, working conditions, discipline, hiring and discharging or any other conditions of employment. G. As an independent contractor, Contractor shall indemnify and hold City harmless from any claims that may be made against City based on any contention by a third party that an employer-employee relationship exists between City and Contractor or between City and employee or independent Contractor of Contractor under this Agreement. H. Contractor, with full knowledge and understanding of this section is freely, knowingly, willingly and voluntarily waives the right to assert any claim to any right or benefit or term or condition of employment insofar as it may be related to or arise from compensation paid hereunder. 16. INSPECTION Contractor's performance, place of business and records pertaining to this Agreement may be inspected and/or audited by representatives of City at any time upon reasonable notice to Contractor. 17. RESPONSIBILITIES OF CONTRACTOR A. It is understood and agreed that Contractor possesses the requisite skills necessary to perform the work under this Agreement and City relies on such skills. Contractor pledges to perform its work in a skillful and professional manner. City's acceptance of Contractor's work does not constitute a release of Contractor from professional responsibility. B. Contractor verifies that it has rewewed the scope of work to be performed under this Agreement and agrees that in its professional judgment, the work can and shall be completed for costs within the amount set forth in this Agreement. C. To fully comply with the terms and conditions of this Agreement, Contractor shall: 1) Establish and maintain a system of accounts for budgeted funds that complies with generally accepted accounting principles for government agencies; 2) Document all costs by maintaining complete and accurate records of all financial transactions associated with this Agreement, including but not limited to, invoices and other official documentation which sufficiently support all charges under this Agreement; 3) Be liable for repayment of any disallowed costs identified through quarterly reports, audits, monitoring or other sources. 18. SUBCONTRACTING AND ASSIGNMENT A. Services under this Agreement are deemed to be personal services. B. Contractor shall not subcontract any work under this Agreement nor assign the Agreement or monies due without the prior written consent of City and subject to any required state or federal approval. 19. UNFORESEEN CIRCUMSTANCES Contractor is not responsible for any delay caused by natural disaster, war, civil disturbance, labor dispute or other cause beyond Contractor's reasonable control, provided Contractor gives written notice to City of the cause of the delay within ten (10) days of the start of the delay. 20. NOTICE Any notice necessary to the performance of this Agreement shall be given in writing by personal delivery or by prepaid first-class mail addressed as follows: CITY Randy Peck Personnel Manager City of Dubuque 50 W. 13th Street Dubuque, IA 52001 4864 CONTRACTOR Amy Kimer Regional Marketing Director Total Administrative Services Corporation 2302 International Lane Madison, WI 53704-3127 If notice is given by personal delivery, notice is effective as of the date of personal delivery. If notice is given by mall, notice is effective as of the day following the date of mailing or the date of delivery reflected upon a return receipt, whichever occurs first. 21. CHANGES AND AMENDMENTS This Agreement may be amended in the same manner as the execution of this Agreement. 22. CLOSING OUT Contractor shall provide City with its final claim for payment by March 1, 2004. 6 23. CHOICE OF LAW The laws of the State of Iowa shall govern the validity, enforceability or interpretation of this Agreement. 24. ENTIRE AGREEMENT This Agreement, including any exhibits referenced herein, constitutes the entire agreement between the parties and there are no inducements, promises, terms, conditions or obligations made or entered into by City or Contractor other than those contained herein. IN WITNESS WHEREOF the parties have executed this Agreement the day and year first above written. CITY OF DUBUQUE CONTRACTOR Total Administrative Services Corporation (TASC) Authorized signature Print name and title Address City State Zip Phone Number By:. City Manager Date Date Tax I.D. # Attachments: Exhibit A Insurance Schedule Exhibit A FlexSystemTM DOCUMENTATION OF SERVICES Contents: Accounting Administrative Benefits Communication Cobra Compliance Customer Service Enrollment Processing FSA Processing Total A dministrative Services Corporation 2302 International Lane Madison, Y~I 53704-3140 800-422-4661, press 7 Total Administrative Services Corporation © 2001 All rights reserved_ The information conlained in this communication is confidential and is to be used by TASC employees and representatives for its intended purpose only. 8 ACCOUNTING Banking [] TASC will maintain a depository aceomat in TASC's designated bank [] Deposit of funds will be accepted via check, ACH Direct Deposit or wire h~msfer. [] TASC offers direct deposit of reimbumement checks. Note: Limitations may apply to wire transfer availability. Disbursement [] TASC will process FSA reimbursement checks on a daily basis. Claims received prior to noon will be processed for paymmt the following day. Reports and Maintenance [] TASC will produce reconciliation of internal accounting files one month prior to the end of the Pltm Year (more f~equent reporting is available on request). [] TASC will provide m annual FSA forfeiture report after the nm-out period expires. [] A detailed history report by employee is available for audit. Payroll Deduction Exchange [] TASC will provide detailed payroll hilling reports in accordance with each employeffs payroll schedule. Employer is to reconcile and return repeals to TASC with corresponding payroll remiltance in a limely manner. Delays in remiltance may cause delays in processing Employer is responsible for notifying TASC immedi~ly of all ctmnges including new parficipants~ ~erminated participants, and/or changes in stains 0eaves of absence, meriIal status, address chan~es, etc.). ADMINISTRATIVE BENEFITS COMMUNICATION Production of Enrollment Materials [] For each eligible employee TASC will provide a Participant Enrollment Packet which includes: FlexSystem Brochnr¢ · FlexSystem Enrollment Form · Flex/ble Spading Accotmt Operations Summary 2 Distribution of Materials [] TASC will pack and ship enrollment materials to one localicm for employee distributic~ Enrollment Process [] TASC will provide toll-15ee enrollment assistance to all eligible employees during normal business ho~s previously stated. Enrollment Forms Flow F1 Forms ~11 be returned to employe~ (~g. personnel or payroll office) or Enrollmcm Supervisor for review. After all lhe forms have bern submitted to the employer or enrollment supervisor, they should submit copies of the appropriate form(s) to TASC. TASC will process enrollment forms upon receipt COBRA Notification of Right~ [] Employer will provide initial COBRA notification of rights to employees who have a "qualifying event" indudin~ which coverage can be continued, premium rates, provider lists (as applicable) md rights under COBRA laws. [] TASC will send acknowledgment letters to employees who have elected Medical FSA comim~afi,m of coverage trader COBRA and will advise conlinuants ofthc/r coverage eligibility period. Billing and Remittance [] TASC will send billings to employe~s for Medical FSAs upon receipt of application for conlinualitm of coverage. TASC will mate as appropriate based on the applicable COBRA benefit eligibility period. [] TASC will collect all Medical FSA premiums. [] TASC will adjudicate Medical FSA claims. Maintenance [] TASC will notify Medical FSA etil0'bles of opm ~arollmmt~. [] TASC will provide customer service to Medical FSA COBRA participant. [] TASC will monitor all COBRA laws and regulations and keep employer and COBRA custom{as apprised. l0 3 COMPLIANCE Plan Document [] TASC will provide the employer with the Plan Document upon request TASC will provide IRS updates, as applicable. Note: If the employer elects to create customized plan documents, the standards of service identified in the documents for which TASC is responsible must be consistent with the standards described herein. TASC is not responsible for services except as provided within this documentation and agreed to by all involved parties. Non-Discrimination Testing [] TASC will conduct testing and report results to the employer 60 days after lhe start of each plan year. The employer will provide employee data as requested, in TASC's preferred format. [] TASC will complete Form 5500 for employer's signature. [] ERISA compliance is provided to privale sector employers. CUSTOMER SERVICE Availability TASC represental/ves will be available via tolMS'ee phone access Monday-Friday from 8:00 ~m. - 5:00 p.m., (excluding holidays and each Wednesday from 8-9 sm. when staff inservice and training take placa) TASC maintains a 24-hour per day toll free access to Interactive Voice Response (IVR) system for FSA account information, claim information and FSA form requests. TASC will maintain a web site. The employer will be able to: 1) Post compliance questions. 2) Download materials fcc review. 3) View accomt information online. Enrollment/Benefit Education [] TASC will provide general enrollment information and benefit counseling via toll-free telephone support. On-site enrollment meetings are available on request and may cany an additional fee. [] TASC will publish a newsletter that provides Plan requirements, leg/slative updates and information regarding Cafeteria Plans. Coverage Verification [] TASC will verify FSA coverage and deduction status and coordinate discrepancy resolution with employer. Product Servicing [] TASC will resolve all servicing issues relating to FSAs including check isstmnce, client transaction issues, extrollrne~t discrepancies, issuance of Stop-Payment of lost or tm-cashed FSA checks, etc. [] TASC Client Services will: 1) Resolve FSA enrollmem discrepandes, retrieve enrollmant forms, and resolve issues. 2) Issue Stop Paymants for FSA claim checks. Family Status Changes [] TASC will process all compliance changes related to FSAs. TASC commtmicates denied requests to employees/ Enrollment Kit [] TASC wtql provide an Enrollment Kit ccnlaining helpful info~atien to assist employers in implementing and enrolling employees in the Plan. The Kit includes a Non-Discfiminatim Testing Worksheet, Credit Authorization form, Payroll Schedule Request fom~ Client Timeline, sample forms, Payroll Stuffers, general rules and regulations, Summary Plan Description and other helpful informatic~ ENROLLMENT PROCESSING Data Entry of Enrollment Elections [] TASC will enter FSA elections directly from anrollment forms and generate corresponding payroll billing raports. Employer is responsible for any specific mmual caps assigned to FSA accounts, and for the acomacy of the information provided on the enrollment forms. New hires have toll-free access to Client Services for any questions or darificalion dtadng enrollment Changes [] Employer will complete change form for any applicable family status changes and forward to TASC for processing/ approval based on o~ interpretation of IRS codes. Summary Plan Description [] Summmy Plan Descriplions are forwarded to ~mlaloyer for distribulic~ 12 FSA PROCESSING FSA Clahn Forms [] TASC will provide personalized claim forms. Each reimbursement check contains a detachable claim form ~d a summmy of each FSA account A personalized reimbursement request form is given to each new Particip~at when mrolling in the plan. Parfidpants are encouraged to make copies of their pomonalized form Claim Adjudication [] TASC will interpret 1RS Publlcatk~a 502 and 503 and 1RS Statutes 125, 129, end 105; claims will be audited in compliance with these guidelines. Management Reports [] TASC will provide an Account Sun'ma~ Report to each Participant with each reimbursement check. More frequent reporfin~ is available upon request Customer Reports [] Active Accourrts - TASC will provide account balance information on all reimbursement checks. In addition, aH Participants can obtain their personal FSA account information via FlexSystem's Interactive Voice Response System (IVR) at 1-800-4224661, and press 3, as well as on TASC's web site (www.tasconllne. com). [] All Accoants - TASC will provide Forfeiture Status/FSA Account balance information on an armual basis. 13 6 FlexSystem Participant Summary Plan Description Employer: City of Dubuque City Hall, 50 West 13th Street Dubuque, IA 52001-4864 Tax ID Number: 42-6004596 Phone Number: (563) 589-4125 Administrative Agent: FlexSystem A Division of Total Administration Services Corporation 2302 International Lane Madison, WI 53704-3140 608-241-1900 / 800-422-4661 BENEFITS OFFERED TO EMPLOYEES: Pretax Dental Plan Medical or Medical Related Expense -Annual Maximum - $3,500 Dependent Care Reimbumement - Annual Maximum - $2,500 if married and filing separate and $5,000 if filing joint. The benefits offered above are available to full-time employees only. PURPOSE Your Employer has adopted this Flexible Compensation Plan to provide compensation alternatives for qualifying, participating employees and their dependents. You will now be able to choose among certain "tax free" benefits in lieu of taxable compensation. The Plan is intended to qualify as a "Cafeteria Plan" within the meaning of Section 125(d) of the Intemal Revenue Code, and the benefits you elect will be excluded from your income under Section 125(a). This is a Summary Plan Description, and any conflict with the Summary Plan Description will be resolved by the language in the Plan Document. CONTRIBUTIONS By participating in the Plan, you agree to have your annual compensation reduced by the total cost of the Plan benefits you select with the signed Enrollment Form. ELIGIBILITY Existing Employees. If you are in the Employer's employment on the Plan's effective date, you will be eligible to participate on the later of the Plan's Effective Date or on the date you satisfy the eligibility requirements. New Employees. If your employment begins after the Plan's Effective Date, you will be eligible to participate on the entry date noted in the Adoption Section of the Plan Document following the date you satisfy the eligibility requirements. Reemployment of Former Employees. A re-employed former employee will be eligible to participate on the first day of the following plan year. Age Requirement. There will be no maximum age requirement for participation in the Plan. 14 Termination of Participation. You will automatically cease to be a Participant on the earliest of the following dates: a. Your death; b. The date the Plan terminates; c. The date you retire under any Employer-sponsored retirement, pension or annuity plan; d. The date you receive retirement benefits under any state or federal government retirement plan or Social Security law; e. The date the administrator determines you made fraudulent or improper use of any plan, certificate or identification. Continuation of Coverage. The Medical Flexible Spending Account is subject to Continuation of Coverage. Continuation of Coverage is only on the medical reimbursement account if there is a balance. "Continuation of Coverage" means your right, or your spouse's or dependents' right(s), to continue to be covered under this Medical Expense Reimbursement Plan if participation by you (including your spouse and dependents) otherwise would end due to the occurrence of a "Qualifying Event." A Qualifying Event includes the following: a. Termination of your employment (other than for gross misconduct) or reduction of your work hours below the eligibility requirements; b. Your death; c. Your becoming entitled to receive Medicare benefits; d. Divorce or legal separation from your spouse; e. A dependent of yours ceases to be a dependent. It is your obligation to inform the Plan Administrator of the occurrence of any Qualifying Event within 30 days of the occurrence, other than a change in your employment status. The Plan Administrator, in turn, has a legal obligation to furnish you or your spouse, as the case may be, with separate, written options to continue the coverage provided through this plan at stated premium cost for the applicable period prescribed by law. Employers with fewer than 20 employees are exempt from COBRA. The notification you will receive will explain other terms, conditions, and exceptions of the continued coverage as they apply. TERMINATION Employee Right to Terminate. Once the Plan Year commences, your election is irrevocable except under the following circumstances: a. Legislation required termination of or substantial amendment to the Plan; b. The company terminates the Plan and/or coverage. Plan Termination. The Plan or any portion of the Plan shall be subject to termination at any time by the Employer. Upon the termination of the Plan, the Administrator may continue the Plan in order to pay balances or distribute balances. 15 INSURANCE SCHEDULE INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa. All insurers shall have a rating of A or better in the current A.M. Best Rating Guide. All policies of insurance required hereunder shall be endorsed to provide a thirty (30) day advanced notice to the City of Dubuque of any cancellation of the policy prior to its expiration date. This endorsement supersedes the standard cancellation statement on the Certificate of Insurance. shall furnish Certificates of Insurance to the City of Dubuque, Iowa for the coverage required .in Paragraph 7. Such certificates shall include copies of the endorsements set forth in Paragraphs 2 and 5 to evidence inclusion in the policy, shall also be required to provide Certificates of Insurance of all subcontractors, and all sub-subcontractors who perform work or services pursuant to the I~rovisions of this.contract. Said certificates shall meet the same insurance requirements as are required of Each Certificate of Insurance shall be submitted to the contracting department of the City of Dubuque, Iowa .prior to commencement of work/service. (The contracting department shall submit the certificates to the Finance Director.) All policies of insurance required in Paragraph 7, except Professional Liability, shall include the City of Dubuque, Iowa under the attached Additional Insured Endorsement (CG2026) and the attached Governmental Immunities Endorsement. Failure to provide evidence of minimum coverage shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the insurance required herein shall be considered a material breach of this agreement. , subcontractors, and all sub-subcontractors shall be required to carry the following minimum insurance coverages or greater if required by law or other legal agreement: PROFESSIONAL LIABILITY: $1,000,000 COMMERCIAL GENERAL LIABILITY: General Aggregate Limit. Products-Completed Operation Aggregate Limit Personal and Advertising Injury Limit Each Occurrence Limit Fire Damage Limit (any one occurrence) Medical Payments 16 $ 2,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 $ 5,000 Commercial general liability shall be written on an occurrence form, not a claims made form. Coverage to include premises-operations-products-completed operations, independent contractors coverage, contractual liability, broad form property damage, and personal injury. UMBRELLA OR EXCESS LIABILITY: * To be determined on a case-by-case basis by Finance Director. Revised January, 2002 17 POLICY NUMBER COMMERCIAL GENERAL LIABILITY 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 Person Or Organization: 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. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. CoDvdQht. Insurance Services Office. Inc. 1994 CG 20 26 11 85 18 CITY OF DUBUQUE, IOWA 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 form 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. ~ 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. 19 Fe, bnmry 26, 2002 To Whom It May Coacern: Lic~sinn & .HaenSel, S.C. serves as general co.orate legal counsel to Total 3; 6S:~ Co~rati~h. ~.This lett~ i~4o-r~port o~.tl~ cxwrent tare og:T~C s m~ara~e~.~ovemge~ T~SC ~y h'as a'po!icy with Acuity, effe, efi(,~/~ ~0/~O/0a through t0130/02~ ~Ugh t~s ~liey, T~C ,~ ~ BUsiness ~iability POlicy Employee Dishonesty End0rsemeni AutOmobile Liability Policy Commercial Umbrella Coverage Worker Compensalaon Insurance Emffi0yee Benefits Liability $2,000;000 Limits $ 100,000 Limits $1 ,QO0,O00 Limits $3,0O0,0O0 Lirn/ts $ so0 oo0 ha: addition to ttfis:i~isurange~ TASC. has a'pefforman~e bond with ihe State of Wis, consin in the amount '0f $59~000, which :provides 'fi~her g~aramees to TA~3~C s chen~ts i~ the event Of a fai~ b3~ T3iSC:'t~ pexr~o~m. C~ficates of insurance and a copy Of the bond are available :upon request. SinCerely, LtCHTSINN & HAENSEL, S.C. (~yn~ M. Mack 2O