Accela Consulting Services / Bryne Software Technologies Contract Copyrighted
April 1 , 2019
City of Dubuque Consent Items # 11.
ITEM TITLE: Accela Consulting Services
SUMMARY: City Manager recommending approval to enter into a
contract with Byrne Software Technologies to provide
advanced scripting and reporting services related to the
City of Dubuque's AccelaAutomation platform used for
Building Permits, Housing Rental Licenses and Right-of-
Way Permits.
SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Approve
ATTACHMENTS:
Description Type
Accela Consulting Services Request-MVM Memo City Manager Memo
Accela Consulting Services Request Memo to the City Staff Memo
Manager
Accela Consulting Scope of Work Byrne Technologies Supporting Documentation
City of Dubuque Byrne Technologies Services Supporting Documentation
Agreement
THE CITY OF Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Accela Consulting Services Request
DATE: March 26, 2019
Information Services Manager Chris Kohlmann recommends City Council approval to
enter into a contract with Byrne Software Technologies for a fee not to exceed $24,000
to provide advanced scripting and reporting services related to the City of Dubuque's
Accela Automation platform used for Building Permits, Housing Rental Licenses and
Right-of-Way Permits.
Funds are available in vacancy savings from the Senior Network Systems Admin and
Help Desk Technical Support positions in the Information Services Department.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Mic ael C. Van Milligen �� �
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Chris Kohlmann, Information Services Manager
Dubuque
THE CITY OF �
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Masterpiece on the Mississippi 1 I I I Ial
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TO: Michael C. Van Milligen, City Manager
FROM: Chris Kohlmann, Information Services Manager
SUBJECT: Accela Consulting Services Request
DATE: March 22, 2019
BACKGROUND
In June 2017, Building Permits, Housing Rental Licenses and Right of Way Permits with
their associated fee calculation, workflows and inspections went live on the hosted
Accela Automation platform. Conversion of data from the old Permits Plus system and
customization of screens, reports, invoices, scripts, work flows and inspections were
accomplished by Byrne software.
Since "go live" there have been issues that required a fix, customized reporting along
with additional training. There have also been changes in departmental leadership and
departmental staff that are users of Accela requiring additional training. Byrne and
Accela have addressed several issues but some important, time sensitive needs
remain.
DISCUSSION
Specifically, the following areas need work done to function as needed:
- Update scripting, renewal notices and reporting for 2019 Rental Licenses and test
(Time Estimate 30 hrs)
Staff Lead: Ben Pothoff
- Troubleshoot issues with Rental License Renewals to select correct statuses for
creation of the set to process renewals (Time Estimate 4 hrs)
Staff Lead: Ben Pothoff
- Update scripting, workflow and automatic notification for Building permits. (Time
Estimate 15 hours)
Staff Lead: Dave Johnson
- Configure and test ACA (Automated Citizen Access portal) for Building Permits (Time
Estimate 24 hrs)
Staff Lead: Dave Johnson
- Add data fields and make minor updates to workflow and scripts for a tiered program
of inspections for Rental Renewals (Time Estimate 12 hrs)
Staff Lead: Ben Pothoff
- Training and troubleshooting of Right of Way Permits (Time Estimate 15 hrs)
Staff Lead: Chris Kohlmann working with Jon Dienst
- Administrative training for Information Services staff (estimate 20 hrs)
Staff Lead: Chris Kohlmann working with new hire for IS Help Desk position
I would estimate approximately 120 hours to complete this work with a contingency of
an additional 40 hours.
RECOMMENDATION
As many of the tasks require an advanced knowledge of scripting and reporting, I would
recommend this work be done by an outside vendor with a budget of not to exceed
$24,000. Byrne has already done the initial work, they have knowledge of our site's
needs and can put resources to work on it immediately. They have provided a not to
exceed quote for the work for $24,000. I would recommend Byrne be approved to move
forward with the proposed work plan.
BUDGETIMPACT
Funds are available in vacancy savings from the Senior Network Systems Admin and
Help Desk Technical Support positions in the Information Services Department. This
funding source has been verified by Budget and Finance Director Jennifer Larson.
ACTION REQUESTED
Contracts and Insurance requirements have been reviewed and ok-ed by Legal and
Finance Departments. I would ask you to approve the recommendation and execute
contracts for the proposed statement of work. Please let me know if you have any
additional questions.
Cc: Jennifer Larson, Budget and Finance Director
Dave Johnson Building Department Manager
Alexis Steger, Housing and Community Development Manager
Gus Psihoyos, City Engineer
Jon Dienst, Civil Engineer II
Ben Pothoff, Rental Licensing and Inspections Supervisor
2
City of Dubuque, IA
Aocela Consu�ing
PROPOSAL
Y1A
Byrne SoitwareTechnolo�ies, Inc.
Accela Ciuic PlaUorm
Licensing System �Mobile Feld Collaboration � Permitting System �
Code Enforcement � Inspections �Workflow&Record Keeping � and More!
� ' 1 . ' 1 1
� � � � �
�
� � � � � � ��
• � :� � � � � � � � •
RevisionLog...................................................................................................................................................3
Purpose.........................................................................................................................................................3
Services.........................................................................................................................................................3
GeneralAssumptions....................................................................................................................................3
Rate...............................................................................................................................................................4
TravelExpenses.............................................................................................................................................4
ChangeControl .............................................................................................................................................4
ConfidentialInformation ..............................................................................................................................4
IntellectualProperty Rights..........................................................................................................................4
Billingand Payment Schedule.......................................................................................................................5
Representations and Warranties..................................................................................................................5
Non-Solicitation of Byrne Software Employees............................................................................................5
ProjectSchedule...........................................................................................................................................5
2
This log provides a synopsis of revisions made to this document.
Version Date Author Description
1.0 1/25/2019 Brian McAllister Initial Document
2.0 2/28/2019 Brian McAllister Updates to Purpose,General Assumptions, Rate,
and removed signature lines.
The City of Dubuque is hopeful to have some additional staffing to accomplish specific Accela System
tasks; however iYs not a reality for about 2-4 months.To fill these gaps and address the City's current
needs,the City has requested Byrne to assist in some of this work. Specifically,the City has identified the
following items they are looking to address. It should be assumed that this list is in order of priority:
1. Update scripting, renewal notices and reporting for 2019 Rental Licenses and test. Staff Lead:
Ben Pothoff
2. Troubleshoot issues with Rental License Renewals to select correct statuses for creation of the
set to process renewals. Staff Lead: Ben Pothoff
3. Add data fields and make some minor updates to workflow and scripts for a tiered program of
inspections for Rental renewals. Staff Lead: Ben Pothoff
4. Configure and test ACA for Building Permits. Staff Lead: Dave Johnson
5. Assist with training and troubleshooting of Right of Way Permits. Staff Lead: Chris Kohlmann
working with Jon Dienst
6. Admin training for new Information Services staff. Staff Lead: Chris Kohlmann working with new
hire for IS Help Desk position
7. Update scripting, workflow and automatic notification for Building permits. Staff Lead: Dave
Johnson
All work and any additional to be directed by Chris Kohlmann. Chris to assign Subject Matter Experts by
department to assist on the relevant items.
Task
Accela Consulting($24,000; up to 184 hours).
1. Byrne Software may utilize "GoTo Meeting" or"Web6c",for remote Discovery and review
meetings. Onsite meetings will also be used when applicable.
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2. Remote and local access to the City of Dubuque environment is available to Byrne personnel.
This will include sufficient security privileges to perform services as required.
3. No additional work or deliverables is implied unless specifically stated in this Proposal.
4. All work is billed on a time and materials basis.
5. Current version of Accela Automation 10.x—Accela cloud hosted.
6. Any Accela Support Cases to be submitted by the Agency.
7. Byrne Software is not responsible for delays caused by the Accela environment or Accela
support.
8. Acceptance of all Byrne Software deliverables shall occur 14 days after delivery.
The rate used for this project is the negotiated rate between Byrne Software and the City of Dubuque.
The rate applies to all onsite and ofFsite work.
Travel expenses would only apply if on-site meetings are required by the Agency. Reasonable travel
expenses would be approved by the Agency, in advance.
To help contain the cost associated with the development of software, Byrne Software will utilize
change control management. This process estimates the impact on the project if the client requests
change to requirements after the design has been finalized. This procedure also helps Byrne Software
advise clients of adjustments to the schedule and/or the total cost for any change and authorizes Byrne
Software to proceed on approved changes.
Our change control documents will itemize all of the requested changes, noting the item's priority and
cost and schedule impact. Using this document, the Agency may determine what changes are truly
necessary in order to meet their business needs and stay within the acceptable budget and schedule.
When the scope of the change has been finalized, Byrne Software will issue a Change Order
Authorization document, listing the final change items, budget and schedule impact. When the Change
Order Authorization has been approved and signed, Byrne Software will add the additional tasks to the
schedule.
Byrne Software recognizes and acknowledges that it may receive access to certain proprietary and
confidential business information of Client,which Client expressly identifies as Confidential or is not
known to be in the public domain, such as, client lists, marketing strategies and methods,software, and
planning strategies ("Confidential Information"). Byrne Software will not,during or after the term of
this Agreement for so long as such information shall be confidential, use or disclose to any third person
for any reason any Confidential Information and will not disclose or make available to any third person,
firm or corporation any reports, recommendations and/or work product which Byrne Software produces
for Client.
All applicable software developed by Byrne Software pursuant to this Statement of Work is the property
of the City of Richmond. All original written materials, including programs, listing and other
4
programming documentation prepared under this Agreement, may be used by the Agency modified or
added to in any manner that it deems appropriate.
All services are provided on a time and material basis plus any out of pocket expenses, unless
documented in the Proposal. Estimates given are not considered as a fixed bid unless specifically stated
as such, in writing, by Byrne Software. This proposal is not to exceed $24,000.00; equivalent up to 184
hours; the Agency will only be charged for the time spent to complete; if additional hours are required a
change order must be first approved by the agency. Byrne Software bills weekly for services provided
the previous week. Billing terms are Net 30; a 1.5% penalty per month will be assessed for any late
payments. A billing rate of$130/hour will be used through the project.
Byrne Software Technologies represents and warrants to the Agency that the services under this
engagement shall be performed in a good and workmanlike, professional and timely manner consistent
with customary industry practice.
During the term of this engagement and for a period of one (1) years after termination of this
Agreement, City of Dubuque shall not hire or contract with, directly or indirectly, in any capacity, a
Byrne Software employee who performed services to the Agency,or any person,firm,corporation,
partnership,association or entity employing or affiliated with such Byrne Software employee, to
perform any services of any kind whatsoever for the Agency.
Byrne Software will coordinate a scheduled start date with the City of Dubuque for effort upon
acceptance of the Proposal as noted by City of Dubuque signature. Byrne Software will prepare an
Agenda for review and concurrence by the Agency.
5
SERVICES AGREEMENT
1 . Parties.
BYRNE CUSTOMER
Byrne Software Technologies, Inc. City of Dubuque, IA
16091 Swingley Ridge Road, Suite 200 50 W. 13th St.
Chesterfield, MO 63017 Dubuque, IA 52001
Attention: Brian McAllister Attention: Chris Kohlmann
T: 636.537.2505 T: 563.589.4280
F: 636.537.2666 F:
Email: bdm(c�bvrnesoftware.com Email: ckohlman(c�citvofdubuque.orq
This Services Agreement ("SA") is intended for the exclusive benefit of the Parties;
nothing herein will be construed to create any benefits, rights, or responsibilities in any
other parties.
2. Term and Termination.
2.1 Term. Provided that Customer signs and returns this SA to BYRNE no later
than March 31 , 2019, this SA is effective as of the date of Customer's signature
("Effective Date") and will continue until completion of the services deliverables
described herein.
2.2 Termination. Either party may terminate if the other party materially
breaches this SA and, after receiving a written notice describing the circumstances
of the default, fails to correct the breach within thirty (30) calendar days. Upon any
termination or expiration of this SA, all rights granted to Customer are cancelled
and revert to BYRNE. BYRNE will be paid for any outstanding invoices or work in
progress upon any termination or expiration of this SA.
3. Professional Services. BYRNE will provide the implementation, data conversion,
and/or training services ("Professional Services") described in the Statement of Work
("SOW°) attached hereto as Exhibit A.
3.1 Warrantv. BYRNE will commence and complete the Professional Services
in a good and workmanlike manner, consistent with the practices and standards of
care generally-accepted within and expected of BYRNE's industry.
3.2 Customer Cooperation. As required, Customer agrees to provide BYRNE
with appropriate access to Customer's facilities, personnel, data systems, and
other resources. Customer acknowledges that the implementation process
described in this SA is cooperative in nature and that Customer must complete its
designated tasks in a timely manner in order for BYRNE to proceed with and
complete the Professional Services. Customer delays during the implementation
period may have adverse collateral effects on BYRNE's overall work schedule.
Confidential 1
Although BYRNE will use its best efforts to immediately resume work following
such a delay, Customer acknowledges that schedules for the Professional
Services may be delayed by more than the number of days delayed by Customer.
Customer agrees that if additional time is required to complete the Professional
Services because of Customer delays, such time will be charged to Customer at
BYRNE's then-current time-and-materials rates.
3.3 Compensation.
3.3.1 Implementation Fees. In exchange for the Professional Services,
Customer will pay to BYRNE the amounts indicated in Exhibit A according
to the billing events schedule described therein. The pricing set forth herein
reflects information generally known to BYRNE, supplied to BYRNE by
Customer, and based on BYRNE's interpretation of the work to be
performed. In addition to such amounts, Customer will reimburse BYRNE
for airfare, travel time, lodging, rental transportation, meals, and other
miscellaneous expenses at current rates. Customer will reimburse BYRNE
for data communications charges at the flat, per-day rate specified in Exhibit
A. Upon Customer request, BYRNE will provide scanned or copied receipts
of other appropriate documentation supporting claimed expenses and other
charges.
3.3.2 Payment Terms. Amounts are quoted in United States dollars and
do not include applicable taxes, if any. Customer will be responsible for
payment of all federal, state or provincial, and local taxes and duties, except
those based on BYRNE's income. If Customer is exempt from certain taxes,
Customer will provide BYRNE with an appropriate certificate of exemption.
Customer will be invoiced for all amounts upon occurrence of the billing
events described in Exhibit A. The payment terms of all invoices are net
thirty (30) calendar days from the dates of the invoices. BYRNE may, at its
sole discretion, suspend its obligations hereunder without penalty until
payments for all past-due billings have been paid in full by Customer.
4. Confidentialitv.
4.1 Definitions. "Disclosing Party" and "RecipienY' refer respectively to the party
which discloses information and the party to which information is disclosed in a
given exchange. Either BYRNE or Customer may be deemed Disclosing Party or
Recipient depending on the circumstances of a particular communication or
transfer of information. "Confidential Information" means all disclosed information
relating in whole or in part to non-public data, proprietary data compilations,
computer source codes, compiled or object codes, scripted programming
statements, byte codes, or data codes, entity-relation or workflow diagrams,
financial records or information, client records or information, organizational or
personnel information, business plans, or works-in-progress, even where such
works, when completed, would not necessarily comprise Confidential Information.
Confidential 2
The foregoing listing is not intended by the Parties to be comprehensive, and any
information which Disclosing Party marks or otherwise designates as
"Confidential" or "Proprietary" will be deemed and treated as Confidential
Information. Information which qualifies as "Confidential Information" may be
presented to Recipient in oral, written, graphic, and/or machine-readable formats.
Regardless of presentation format, such information will be deemed and treated
as Confidential Information. Notwithstanding, the following specific classes of
information are not "Confidential Information" within the meaning of this Section:
a) information which is in RecipienYs possession prior to disclosure by
Disclosing Party;
b) information which is available to Recipient from a third party without
violation of this SA or Disclosing Party's intellectual property rights;
c) information disclosed pursuant to Subsection 4.4 below;
d) information which is in the public domain at the time of disclosure by
Disclosing Party, or which enters the public domain from a source other
than Recipient after disclosure by Disclosing Party;
e) information which is subpoenaed by governmental or judicial
authority; and
� information subject to disclosure pursuant to a state's public records
laws.
4.2 Confidentialitv Term. The obligations described in this Section commence
on the Effective Date and will continue until two (2) years following any termination
or expiration of this SA ("Confidentiality Term").
4.3 Confidentialitv Obliqations. During the Confidentiality Term, Recipient will
protect the confidentiality of Confidential Information using the same degree of
care that it uses to protect its own information of similar importance, but will in any
case use no less than a reasonable degree of care to protect Confidential
Information. Recipient will not directly or indirectly disclose Confidential
Information or any part thereof to any third party without Disclosing Party's
advance express written authorization to do so. Recipient may disclose
Confidential Information only to its employees or agents under its control and
direction in the normal course of its business and only on a need-to-know basis. In
responding to a request for Confidential Information, Recipient will cooperate with
Disclosing Party, in a timely fashion and in a manner not inconsistent with
applicable laws, to protect the Confidential Information to the fullest extent
possible.
Confidential 3
4.4 Public Records Laws. The parties understand and acknowledge that
Customer is a government entity and consequently is subject to all open meetings,
public records, Freedom of Information Acts, and other similar rules, laws, and
regulations designed to further open and transparent government. If Customer's
obligations under these laws conflicts with Customer's obligations under this
Section 4, Confidentiality, Customer must comply with the open meetings and
public records laws and other similar legislation, Customer must comply with these
laws. Such compliance will not constitute a breach of this Agreement.
5. Other Terms and Conditions.
5.1 Mutual Indemnification. BYRNE agrees to indemnify, defend, and hold
Customer and its officers, agents, and employees harmless against any claims,
suits, or damages arising out of physical property damage or bodily injury caused
by the negligence or misconduct of BYRNE or its employees or agents while the
terms and conditions of this SA remain enforceable. Customer agrees to
indemnify, defend, and hold BYRNE and its officers, agents, and employees
harmless against any claims, suits, or damages arising out of physical property
damage or bodily injury caused by the negligence or misconduct of Customer or
its employees or agents while the terms and conditions of this SA remain
enforceable.
5.2 Limitation of Liability. BYRNE provides no warranty whatsoever for any
third-party hardware or software products. Third-party applications which utilize or
rely upon the Professional Services may be adversely affected by remedial or other
actions performed pursuant to this SA; BYRNE bears no liability for and has no
obligation to remedy such effects. Except as set forth herein, BYRNE provides all
Professional Services "as is" without express or implied warranty of any kind
regarding the character, function, capabilities, or appropriateness of such services
or deliverables. To the extent not offset by its insurance coverage and to the
maximum extent permitted by applicable laws, in no event will BYRNE's
cumulative liability for any general, incidental, special, compensatory, or punitive
damages whatsoever suffered by Customer or any other person or entity exceed
the fees paid to BYRNE by Customer during the twelve (12) calendar months
immediately preceding the circumstances which give rise to such claim(s) of
liability, even if BYRNE or its agents have been advised of the possibility of such
damages.
5.3 Insurance Coveraqe. BYRNE will maintain insurance coverage in
compliance with Insurance Schedule J attached to this Agreement at its sole cost
and expense and will provide certificates of insurance to Customer if so requested.
The insurance will not be cancelled or terminated without thirty (30) calendar days'
advance written notice to Customer.
5.4 Force Maieure. If either party is delayed in its performance of any obligation
under this SA due to causes or effects beyond its control, that party will give timely
Confidential 4
notice to the other party and will act in good faith to resume performance as soon
as practicable.
5.5 Dispute Resolution. This SA is governed by the laws of the State of lowa.
Any controversy or claim arising out of or relating to this SA, or the breach thereof,
will be settled by arbitration administered by the American Arbitration Association
under its Commercial Arbitration Rules, including the Emergency Interim Relief
Procedures, and judgment on the award rendered by the arbitrator may be entered
in any court having jurisdiction thereof. The place of arbitration will be Dubuque,
lowa. Either party may apply to the arbitrator for injunctive relief until the arbitration
award is rendered or the controversy is otherwise resolved. Either party also may,
without waiving any remedy under this SA, seek from any court having jurisdiction
any interim or provisional relief that is necessary to protect the rights or property
of that party, pending the arbitrator's determination ofthe merits of the controversy.
Each party will initially bear its own expenses and an equal share of the costs of
the arbitration, but the prevailing party may be awarded its expenses, reasonable
attorneys' fees, and costs. The failure of either party to object to a breach of this
SA will not prevent that party from thereafter objecting to that breach or any other
breach of this SA.
5.6 Assiqnment. This SA shall be binding upon, and inure to the benefit of, the
parties hereto and their respective successors and assigns; provided, however,
that this SA and the rights and obligations hereunder are not assignable or
delegable by either party without the prior written consent of the other party. Any
attempted assignment or delegation in violation of this Section 5.6 shall be null and
void.
5.7 Survival. The following provisions will survive the termination or expiration
of this SA: Section 3.3 and all subsections thereof, as to Customer's obligation to
pay any fees accrued or due at the time of termination or expiration; Section 4 and
all subsections thereof; and Section 5 and all subsections thereof with the
exceptions of Subsections 5.1 , 5.3, and 5.4.
5.8 Alternate Terms Disclaimed. The parties expressly disclaim any alternate
terms and conditions accompanying drafts and/or purchase orders issued by
Customer.
5.9 Severabilitv and Amendment. If any particular provision of this SA is
determined to be invalid or unenforceable, that determination will not affect the
other provisions of this SA, which will be construed in all respects as if the invalid
or unenforceable provision were omitted. No extension, modification, or
amendment of this SA will be effective unless it is described in writing and signed
by the Parties.
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BYRNE CITY OF DUBUQUE, IOWA
By: By:
(Signature)
(Print Name)
Its:
Roy D. Bu•, ayor
Attest:
(Title) Kevi S. Firnstahl, City Clerk
Dated:
Dated: April 1, 2019
(Month, Day, Year) (Month, Day, Year)
Exhibits Follow.
END OF DOCUMENT
Confidential 6
City of Dubuque Insurance Requirements for Professional Services
INSURANCE SCHEDULE J
1. shall furnish a signed certificate of insurance to the City of Dubuque, lowa for
the coverage required in Exhibit I prior to commencing work and at the end of the project if the
term of work is longer than 60 days. Contractors presenting annual certificates shall present a
certificate at the end of each project with the final billing. Each certificate shall be prepared on
the most current ACORD form approved by the lowa Department of Insurance or an equivalent
approved by the Finance Director. Each certificate shall include a statement under Description of
Operations as to why the certificate was issued. Eg: Project# or Project Location at
or construction of
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in
lowa and all insurers shall have a rating of A or better in the current A.M. BesYs Rating Guide.
3. Each certificate shall be furnished to the Department of the City of Dubuque.
4. Failure to provide coverage required by this Insurance Schedule 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. Contractors shall require all subconsultants and sub-subconsultants to obtain and maintain during
the performance of work insurance for the coverages described in this Insurance Schedule and
shall obtain certificates of insurances from all such subconsultants and sub-subconsultants.
Contractors agree that they shall be liable for the failure of a subconsultant and sub-
subconsultant to obtain and maintain such coverages.The City may request a copy of such
certificates from the Contractor.
6. All required endorsements shall be attached to certificate of insurance.
7. Whenever a specific ISO form is listed, required the current edition of the form must be used,or
an equivalent form may be substituted if approved by the Finance Director and subject to the
contractor identifying and listing in writing all deviations and exclusions from the ISO form.
8. Contractors shall be required to carry the minimum coverage/limits,or greater if required by law
or other legal agreement, in Exhibit I. If the contractor's limits of liability are higher than the
required minimum limits then the provider's limits shall be this agreemenYs required limits.
Page 1 of 4 Schedule J Professional Services November 2017
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City of Dubuque Insurance Requirements for Professional Services
INSURANCE SCHEDULE J (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
1) Coverage shall be written on an occurrence, not claims made,form. The general
liability coverage shall be written in accord with ISO form CG0001 or business
owners form BP0002. All deviations from the standard ISO commercial general
liability form CG 0001, or business owners form BP 0002,shall be clearly
identified.
2) Include ISO endorsement form CG 25 04"Designated Location(s)General
Aggregate LimiY'or CG 25 03"Designated Construction Project(s)General
Aggregate LimiY'as appropriate.
3) Include endorsement indicating that coverage is primary and non-contributory.
4) Include Preservation of Governmental Immunities Endorsement. (Sample
attached).
5) 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 2026.
6) Policy shall include Waiver of Right to Recover from Others endorsement.
B) AUTOMOBILE LIABILITY
Combined Single Limit $1,000,000
C) WORKERS'COMPENSATION&EMPLOYERS LIABILITY
Statutory benefits covering all employees injured on the job by accident or disease as
prescribed by lowa Code Chapter 85 as amended.
Coverage A Statutory—State of lowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee-Disease $100,000
Policy Limit-Disease $500,000
Policy shall include Waiver of Right to Recover from Others endorsement.
Nonelection of Workers'Compensation or Employers' Liability Coverage under lowa
Code sec. 87.22
_yes _form attached
Page 2 of 4 Schedule J Professional Services November 2017
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City of Dubuque Insurance Requirements for Professional Services
INSURANCE SCHEDULE J (continued)
D) UMBRELLA/EXCESS LIABILITY $1,000,000
Umbrella/excess liability coverage must be at least following form with the underlying
policies included herein.
E) PROFESSIONAL LIABILITY $1,000,000
Provide evidence of coverage for 5 years after completion of project.
F) CYBER LIABILITY $1,000,000
_yes _no
Coverage for First and Third Party liability including but not limited to lost data and
restoration, loss of income and cyber breach of information.
Page 3 of 4 Schedule J Professional Services November 2017
Confidential 9
City of Dubuque Insurance Requirements for Professional Services
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunitv.The insurer expressly agrees and states that the purchase
of this policy and the including of the City of Dubuque, lowa as an Additional Insured does not waive any
of the defenses of governmental immunity available to the City of Dubuque, lowa under Code of lowa
Section 670.4 as it is now exists and as it may be amended from time to time.
2. Claims Coveraqe.The insurer further agrees that this policy of insurance shall cover only those
claims not subject to the defense of governmental immunity under the Code of lowa Section 670.4 as it
now exists and as it may be amended from time to time.Those claims not subject to Code of lowa
Section 670.4 shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunitv.The City of Dubuque, lowa 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 insurer.
4. Non-Denial of Coveraqe.The insurer shall not deny coverage under this policy and the insurer
shall not deny any of the rights and benefits accruing to the City of Dubuque, lowa 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, lowa.
No Other Chanqe in Policv.The above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy.
SPECIMEN
(DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES)
Page 4 of 4 Schedule J Professional Services November 2017
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