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Dubuque Dream Center - Contracted Service Agreement
City of Dubuque City Council Meeting Consent Items # 011. Copyrighted June 20, 2022 ITEM TITLE: Dubuque Dream Center- Contracted Service Agreement SUMMARY: City Manager recommending approval of the Contracted Services Agreement with the Dubuque Dream Center for the City's financial support for Fiscal Year 2023. SUGGESTED Suggested Disposition: Receive and File; Approve DISPOSITION: ATTACHMENTS: Description Dubuque Dream Center - Contracted Service Agreement-MVM Memo Staff Memo Contracted Service Agreement Type City Manager Memo Staff Memo Supporting Documentation THE CITY DUOF B TEE Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Contracted Services Agreement — Dubuque Dream Center DATE: June 14, 2022 Dubuque All -America City IN 2007.2012.2013 2017*2019 Economic Development Director Jill Connors recommends City Council approval of the Contracted Services Agreement with Dubuque Dream Center for the City's financial support for Fiscal Year 2023. The adopted Fiscal Year 2023 operating budget provides a payment of $60,000 to the Dubuque Dream Center to provide quality and affordable youth supervision and care for working families during non -school hours, provide academic programming to facilitate improved reading and math scores of youth participants, provide personal development programming through mentoring and other appropriate methods, provide opportunities for youth participants to engage in sports, music, and performing arts activities, provides summer employment and soft skills training opportunities, provide transportation for families in need, and provide parent support system for families in need. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:sv Attachment CC' Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Jill Connors, Economic Development Director Dubuque THE CITY OF All -America My nni K xvni , nz: a:u�ir, DUB E 2007-2012.2013 Masterpiece on the Mississippi 2017*2019 TO: Michael C. Van Milligen, City Manager FROM: Jill M. Connors, Economic Development Director SUBJECT: Contracted Services Agreement — Dubuque Dream Center DATE: June 7, 2022 INTRODUCTION Economic Development Department 1300 Main Street Dubuque, Iowa 52001-4763 Office (563) 589-4393 TTY (563) 690-6678 http://www.cityofdubuque.org Attached for City Council approval is the Contracted Services Agreement with the Dubuque Dream Center for the City's financial support for Fiscal Year 2023. Dubuque Dream Center furthers the City of Dubuque Goal of Partnership for a Better Dubuque: Building Our Community that is Viable, Livable, and Equitable. DISCUSSION The adopted Fiscal Year 2023 operating budget provides a payment of $60,000 to the Dubuque Dream Center to provide quality and affordable youth supervision and care for working families during non -school hours, provide academic programming to facilitate improved reading and math scores of youth participants, provide personal development programming through mentoring and other appropriate methods, provide opportunities for youth participants to engage in sports, music, and performing arts activities, provides summer employment and soft skills training opportunities, provide transportation for families in need, and provide parent support system for families in need. The reporting requirements are as follows: 1. Progress reports will be submitted quarterly. 2. Quarterly reports will be submitted using a form on the City's website. 3. Quarterly reports will include equity and inclusion reporting. 4. Audit reports are due within 60 days of audit completion. RECOMMENDATION/ ACTION STEP It is my recommendation that the City Council approves the attached contracted services agreement with the Dubuque Dream Center and authorizes the Mayor to execute the contract on behalf of the City. 2 AGREEMENT BETWEEN CITY OF DUBUQUE, IOWA AND DUBUQUE DREAM CENTER THIS AGREEMENT, dated for reference purposes the 1st day of July, 2022, is made and entered into by and between City of Dubuque, Iowa (City) and the Dubuque Dream Center (Agency). WHEREAS, Agency has retained professional staff for the formulation and implementation of programs for the enhancement of equitable conditions and opportunities for youth and families in the City of Dubuque; and WHEREAS, private contributors have allocated funds or other resources for the support of Agency; and WHEREAS, City has deemed it to be in the public interest to provide financial assistance to be used to cover general operating expenses of Agency's program. NOW THEREFORE, in consideration of their mutual promises hereinafter set forth, the parties hereto agree as follows: SECTION 1. SCOPE OF SERVICE. Agency shall: (A) Further City of Dubuque Goal of Partnership for a Better Dubuque: Building Our Community that is Viable, Livable, and Equitable; (B) Provide quality and affordable youth supervision and care for working families during non -school hours; (C) Provide academic programming to facilitate improved reading and math scores of youth participants; (D) Provide personal development programming through mentoring and other appropriate methods; (E) Provide opportunities for youth participants to engage in sports, music, and performing arts activities; (F) Provide summer employment and soft skills training opportunities; (G)Provide transportation for families in need; (H) Provide parent support system for families in need; (1) Comply with City Council goals and priorities set forth in Exhibit A; and (J) Support City's efforts to be a viable, livable, and equitable community, and to advance equity and inclusion. 1 06072022bal SECTION 2. CITY RESPONSIBILITIES. 2.1 City designates the Economic Development Director to act as its representative with respect to the work to be performed under this Agreement, and such person shall have authority to transmit instructions, receive information, interpret and define City's policies and provide decisions in a timely manner pertinent to the work covered by this Agreement until Agency has been advised in writing by City that such authority has been revoked. 2.2 In the event that any reports, records and maps are existing and available and are useful to carry out the work on the Scope of the Work, City shall promptly furnish such material to Agency. 2.3 City will provide opportunities to demonstrate this support by inviting the President of Agency and any employees working on services covered by this agreement to participate in the following professional development opportunities and supporting activities: (A) The opportunity to be active and engaged participants in Inclusive Dubuque peer learning opportunities and strategic efforts, as described in Exhibit C; (B) The opportunity to attend intercultural and equity workshops offered by City, including workshops that focus on developing an intercultural team with a strategic plan for advancing equity and inclusion within Agency and through Agency's work; (C)Assistance in creating semi-annual status reports that demonstrate the ways in which Agency's efforts are advancing equity and inclusion; and (D)Access to City's equity toolkit. SECTION 3. TIME OF PERFORMANCE July 1, 2022, through June 30, 2023. SECTION 4. COMPENSATION. The term of this Agreement shall be from 4.1 City shall pay Agency an amount not to exceed Sixty Thousand Dollars 00/100 ($60,000) as compensation for the services provided by Agency, which payment shall constitute full and complete compensation for such services. 4.2 The compensation shall be paid by City to Agency on a quarterly basis, within ten (10) days after receipt by City of a requisition of quarterly sum from Agency. 2 06072022bal SECTION 5. AUDIT AND EVALUATION. Inasmuch as the funds to be provided to Agency by City are public funds, Agency agrees that it will maintain books of account in accordance with Generally Accepted Accounting Standards together with necessary documentation to support all expenditures. The records of Agency, including payroll accounts and other records of disbursements and receipts, and other records relating to the performance of the activities herein specified, shall be made available for inspection by City or any Certified Public Accountant acting on its behalf, in order to ascertain performance of Agency under this Agreement. Agency agrees to retain such records for not less than three (3) years. SECTION 6. REPORTING AND MONITORING. 6.1 Agency shall comply with City's Reporting and Monitoring requirements by using the following link to submit quarterly online reports detailing Agency activities related to the use of City funds provided to Agency: https://www.citVofdubugue.org/FormCenter/Budget-15/Contracted-Services- Performance-Report-208 6.2 In alignment with the City Council's priority of racial equity, Agency must demonstrate how its efforts advance equity and inclusion. This should include program - level data disaggregated, at a minimum, by race, and also by any other demographic Agency has prioritized. Agency should also identify community -level outcomes in which it is actively working to advance the racial disparity. 6.3 The online quarterly reports shall be due on October 15t", 2022, January 15t", 2023, April 15t", 2023, and July 15t", 2023. Such reports shall include a performance report on the program(s) supported by City funds and a financial report on the use of City funds. 6.4 If Agency has an annual audit performed, Agency shall provide City a copy of the annual audit report within sixty (60) days of audit completion. The Audit shall be submitted as either an electronic or paper document to the Economic Development Director. SECTION 7. DISCRIMINATION. 7.1 In carrying out the services under this Agreement, Agency shall not discriminate against any employee or applicant for employment because of age, color, familial status, gender identity, marital status, mental/physical disability, national origin, race, religion/creed, sex, or sexual orientation. 3 06072022bal Agency shall take affirmative action to ensure that applicants for employment are employed and that employees are treated during employment without regard to age, color, familial status, gender identity, marital status, mental/physical disability, national origin, race, religion/creed, sex, or sexual orientation. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Agency assures that all qualified applicants will receive consideration for employment without regard to age, color, familial status, gender identity, marital status, mental/physical disability, national origin, race, religion/creed, sex, or sexual orientation. 7.2 Agency agrees and will undertake whatever affirmative measures are necessary so that no person shall be excluded from participation in, be denied the benefits of, nor be subjected to discrimination under any program or activities funded in whole or in part with any of the funds made available to Agency under the terms of this Agreement because of age, color, familial status, gender identity, marital status, mental/physical disability, national origin, race, religion/creed, sex, or sexual orientation. SECTION 8. TERMINATION OF AGREEMENT. If, through any cause, Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if Agency shall violate any of the covenants, agreements or stipulations of this Agreement, City shall thereupon have the right to terminate this Agreement by giving written notice to Agency of such and specifying the effective date thereof not less than thirty (30) days before the effective date of such termination. If Agency shall fail to cure its default to the satisfaction of City in City's sole discretion within such thirty (30) day period, this Agreement shall be deemed terminated at the end of such thirty (30) day period without further action of either party. Upon termination of this Agreement, Agency shall return to City all unexpended funds and/or any funds utilized for purposes other than stated in the Agreement. SECTION 9. ASSIGNABILITY. Agency shall not assign any interest in this Agreement without the prior written approval of City. SECTION 10. INSURANCE. At the time of execution of this Agreement by Agency, Agency shall provide City copies of Agency's insurance certificates showing compliance with the insurance requirements of Insurance Schedule G, included as Exhibit B. 4 06072022bal CITY OF DUBUQUE, IOWA Brad M. ,_ j5 . 'gh, Mayor WITNESS A X A�� Adrienne N. Breitfelder, City Clerk 5 06072022bal DUBUQUE DREAM CENTER Robert Kimble, Executive Director / A� " CERTIFICATE OF LIABILITY INSURANCE DATE 6(MM/DD2 (MM/DDIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Assured Partners Great Plains LLC, dba Friedman Insurance 501 Bell Street Dubuque IA 52001 CONTACT NAME: Lauren Moser A/CNNo Ext: 563-556-0272 A/C No:563-556-4425 E-MAIL ADDRESS: moserl@friedman-group.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: SECURA Insurance, A Mutual Company 22543 INSURED DUBUDRE-01 Dubuque Dream Center Inc 1600 White St INSURER B : SFM Select Insurance Company 27049 INSURERC: INSURERD: Dubuque IA 52001 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER:2083604446 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y CP3317319 2/1/2022 2/1/2023 EACH OCCURRENCE $1,000,000 Fv� CLAIMS -MADE OCCUR DAMAGE PREM SES� IENTEa o_cur ence $ 300,000 MED EXP (Any one person) $ PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY ❑ PRO- � JECT LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY L $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N Y 124258.203 2/1/2022 2/1/2023 X PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYEE $ 500,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) 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 are Additional Insureds with respects to the General Liability policy on a primary and non-contributory basis. Governmental Immunities endorsement is included. A Waiver of Subrogation in favor of the Certificate Holder applies to the General Liability and Workers Compensation. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Dubuque 50 W. 13th Street AUTHORIZED REPRESENTATIVE Dubuque IA 52001 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY. IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT This Endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART GARAGE COVERAGE PART MOTOR CARRIER COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART With respect to coverage provided by this endorsement, the provisions of the Coverage Part apply unless modified by the endorsement. SCHEDULE Governmental Entity: Governmental Entity Address: Project: (If no entry appears above, information required to complete this Endorsement will be shown in the Endorsement Schedule of the Declarations as applicable to this Endorsement.) The following Conditions are added with respects to the Governmental Entity and Project shown in the Schedule: Non -waiver of Government Immunity We expressly agree and state that the purchase of this policy and the including of the Governmental Entity shown in the Schedule as an Additional Insured do not waive any of the defenses of governmental immunity available to the Governmental Entity shown in the Schedule under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Claims Coverage We further agree 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. Assertion of Government Immunity The Governmental Entity shown in the Schedule 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 by us. Nothing contained in this endorsement shall prevent us from asserting the defense of governmental immunity on behalf of the Governmental Entity shown in the Schedule. Non -Denial of Coverage We shall not deny coverage under this policy and we shall not deny any of the rights and benefits accruing to the Governmental Entity shown in the Schedule 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 Governmental Entity shown in the Schedule. No Other Change in Policy We and the Governmental Entity shown in the Schedule agree that the above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. All other terms and conditions of this policy not in conflict with the terms and conditions of this endorsement shall continue to apply. ILE 1401 Includes copyrighted materials of Insurance Services Office, Inc., with its permission. Page 1 of 1 1301 © 2013 SECURA Insurance Company POLICY NUMBER: 20-Cp-003317319-11 ILD 0002 1204 SUPPLEMENTAL FORM DECLARATION FOR ILE 1401 1301 IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT SCHEDULE Governmental Entity: Governmental Entity Address: Project: City of Dubuque 50 W 13th St, Dubuque, IA 52001 Dubuque Dream Center Operations ILD 0002 1204 SECURA Insurance Company Page 1 of 1 POLICY NUMBER: 20-Ca-003317319-11 COMMERCIAL GENERAL LIABILITY CG 20 12 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: City of Dubuque Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II - Who Is An Insured is amended to in- clude as an insured any state or governmental agen- cy or subdivision or political subdivision shown in the Schedule, subject to the following provisions: 1. This insurance applies only with respect to opera- tions performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or autho- rization. 2. This insurance does not apply to: a. 'Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b. 'Bodily injury' or "property damage" included within the "products -completed operations hazard". CG 20 12 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 O POLICY NUMBER: 20-CP-003317319-11 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: City Of Dubuque Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or ..your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 13 POLICY NUMBER: 20-CP-003317319-11 COMMERCIAL GENERAL LIABILITY CG 25 04 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATION(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Location(s): All Premises You Own, Rent Or Occupy Listed On This Policy Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by 'occur- rences" under Section I - Coverage A, and for all medical expenses caused by accidents under Section I - Coverage C, which can be attributed only to operations at a single designated "loca- tion" shown in the Schedule above: 1. A separate Designated Location General Aggregate Limit applies to each designated "location", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damag- es because of 'bodily injury" or "property damage" included in the "products -completed operations hazard", and for medical expenses under Coverage C regardless of the number of. a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Loca- tion General Aggregate Limit for that desig- nated 'location". Such payments shall not re- duce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggre- gate Limit for any other designated 'location" shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Decla- rations, such limits will be subject to the appli- cable Designated Location General Aggre- gate Limit CG 25 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 2 ❑ B. For all sums which the insured becomes legally obligated to pay as damages caused by 'occur- rences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which cannot be attrib- uted only to operations at a single designated "location" shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Location General Aggregate Limit C. When coverage for liability arising out of the "products -completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard" will reduce the Products -completed Operations Ag- gregate Limit, and not reduce the General Ag- gregate Limit nor the Designated Location Gen- eral Aggregate Limit. D. For the 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-of-way of a railroad. E. The provisions of Section III — Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 © Insurance Services Office, Inc., 2008 CG 25 04 05 09 O THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART With respect to coverage provided by this Endorsement, the provisions of the Coverage Part apply unless modified by this Endorsement. Schedule Designated Additional Insured: City of Dubuque (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to the Designated Additional Insured shown in the Schedule provided that: 1. The Designated Additional Insured is a Named Insured under such other insurance; and 2. You have agreed in a written agreement that this insurance would be primary and would not seek contribution from any other insurance available to the Designated Additional Insured. All other terms and conditions of this policy not in conflict with the terms and conditions of this Endorsement shall continue to apply. CGE 2266 Includes copyrighted material of Insurance Services Offices, Inc., with its permission. Page 1 of 1 1301 0 2013 SECURA Insurance Company THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY. ELITE GENERAL LIABILITY WRAP This Endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is a summary of the coverages provided in this Endorsement. This Endorsement is applicable only to those premises described in the Declarations. SCHEDULE Coverage Limit I. COVERAGE EXTENSIONS A. BROADENED MEDICAL PAYMENTS Amended B. EXTENDED PROPERTY DAMAGE Included C. NON -OWNED AIRCRAFT HIRED WITH CREW Included D. NON -OWNED WATERCRAFT Less than 65 feet E. PERSONAL AND ADVERTISING INJURY— BROAD FORM Included II. AUTOMATIC ADDITIONAL INSUREDS A. ADDITIONAL INSURED BY WRITTEN AGREEMENT Included B. BUILDING OWNER Included C. CO-OWNER OF INSURED PREMISES Included D. CONCESSIONAIRES TRADING UNDER YOUR NAME Included E. FRANCHISOR Included F. FUNDING SOURCE Included G. GRANTOR OF PERMITS Included H. LESSOR OF LEASED EQUIPMENT Included I. MORTGAGEE, ASSIGNEE OR RECEIVER Included J. OWNERS OR OTHER INTERESTS FROM WHOM LAND HAS BEEN LEASED Included K. STATE OR POLITICAL SUBDIVISIONS Included III. BROADENED DEFINITION OF INSURED A. BROADENED NAMED INSURED Included B. LIMITED FELLOW EMPLOYEE Included IV. SUPPLEMENTARY PAYMENTS INCREASED LIMITS Included V. SUPPLEMENTARY PAYMENTS EXTENSIONS A. BUSINESS TRAVEL ACCIDENT BENEFIT $75.000 B. CATASTROPHE EMPLOYEE CARE COSTS $150,000 C. CONFERENCE CANCELLATION $25,000 D. EMERGENCY REAL ESTATE CONSULTING FEE $75,000 E. EMPLOYEE OR VOLUNTEER INDEMNIFICATION DEFENSE COVERAGE $25,000 F. FUNDRAISING EVENT BLACKOUT $50.000 G. IDENTITY THEFT EXPENSE $75,000 H. IMAGE RESTORATION AND COUNSELING $75,000 I. KIDNAP EXPENSE $75,000 J. POLITICAL UNREST $75.000 K. TEMPORARY MEETING SPACE EXPENSE $50,000 L. TERRORISM TRAVEL REIMBURSEMENT $75.000 M. TRAVEL DELAY REIMBURSEMENT $3.000 N. UNPAID DONATION PLEDGES $75,000 VI. CONDITIONS A. DUTIES AFTER LOSS REDEFINED Included B. PRIMARY AND NONCONTRIBUTORY Included C. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Included VII. DEFINITIONS A. BODILY INJURED REDEFINED Included B. MOBILE EQUIPMENT AMENDMENT Included VIILUNINTENTIONAL FAILURE TO DISCLOSE Included CGT 2000 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 12 2008 Q 2020 SECURA Insurance Company With respect to coverage provided by this Endorsement, the provisions of the Coverage Part apply unless modified by this Endorsement. I. COVERAGE EXTENSIONS A. BROADENED MEDICAL PAYMENTS If Medical Expense Payments coverage applies: 1. SECTION I —COVERAGES; COVERAGE C MEDICAL PAYMENTS on the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended as follows: The reporting period as shown in paragraph 1.a.(3)(b) of the Insuring Agreement, is amended to be reported within three years of the date of accident, in lieu of one year. 2. The Medical Expense Limit is amended to the amount shown on the Declarations. B. EXTENDED PROPERTY DAMAGE 1. SECTION I —COVERAGES; COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY; 2. Exclusions; a. Expected Or Intended Injury on the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is deleted and replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 2. The following is added to SECTION I —COVERAGES; COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY; 2. Exclusions; j. Damage to Property on the COMMERCIAL GENERAL LIABILITY COVERAGE FORM: Paragraphs (3), (4) and (6) of this exclusion do not apply if such "property damage" arises out of the use of elevators at premises you own, rent, lease or occupy. For the purposes of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. The insurance afforded by this provision is excess over any other valid and collectible insurance which applies to a loss because of "property damage" arising out of the use of elevators, whether such insurance is primary, excess, contingent or issued on any other basis. C. NON -OWNED AIRCRAFT HIRED WITH CREW 1. SECTION I —COVERAGES; COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY; 2. Exclusions; g. Aircraft, Auto Or Watercraft on the COMMERCIAL GENERAL LIABILITY COVERAGE FORM does not apply to an aircraft that is: a. Not owned by any insured; and b. Hired or chartered by, or loaned to you, with a paid crew for the sole use of transporting your "employees". 2. This coverage does not apply if there is any other insurance for "bodily injury" or "property damage" liability that would also apply to loss covered under this coverage, whether the other insurance is primary, excess, contingent, or on any other basis. A policy issued by us to apply specifically in excess of this policy is not considered other insurance. IrM21IQZU41Y i!IADRi7_1k1.1,010_1.7I 1. SECTION I —COVERAGES; COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY; 2. Exclusions; g. Aircraft, Auto or Watercraft; Paragraph (2) on the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is deleted and replaced by the following: (2) A watercraft you do not own that is: (a) Less than 65 feet long; and (b) Not being used to carry persons or property for a charge; 2. This coverage applies to any person who, with your expressed or implied consent, either uses or is CGT 2000 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 12 2008 © 2020 SECURA Insurance Company responsible for the use of a watercraft. 3. This coverage does not apply if there is any other insurance for "bodily injury" or "property damage" liability that would also apply to loss covered under this coverage, whether the other insurance is primary, excess, contingent or on any other basis. A policy issued by us to apply specifically in excess of this policy is not considered other insurance. E. PERSONAL AND ADVERTISING INJURY — BROAD FORM 1. SECTION I —COVERAGES; COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY; 2. Exclusions; e. Contractual Liability on the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is deleted. 2. The following is added as item h. to SECTION V — DEFINITIONS; 14. "Personal and Advertising Injury" on the COMMERCIAL GENERAL LIABILITY COVERAGE FORM: h. Discrimination or humiliation (unless insurance thereof is prohibited bylaw) that results in injury to the reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of (a) You; or (b) Any of your officers, directors, stockholders, partners, managers, or members. (2) Not directly or indirectly related to the employment, prospective employment or termination of employment of any person or persons by any insured. 3. SECTION V — DEFINITIONS; 14. "Personal and Advertising Injury"; Paragraph b. on the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is deleted and replaced with the following: b. Malicious prosecution or abuse of process; II. AUTOMATIC ADDITIONAL INSUREDS SECTION II — WHO IS AN INSURED on the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended to include as an additional insured: A. ADDITIONAL INSURED BY WRITTEN AGREEMENT 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this Endorsement ends when your operations for that additional insured are completed. 2. With respect to the insurance afforded these additional insureds, the following additional exclusions apply: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. b. Any of your Subcontractors, or any partner, officer, agent or employee of such Subcontractor. c. "Bodily injury" or "property damage" occurring after: CGT 2000 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 12 2008 © 2020 SECURA Insurance Company (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. 3. The limits of insurance applicable to such insurance shall be the lesser of the limits required by the written agreement between the parties or the limits provided by this policy. B. BUILDING OWNER The owner, manager, or lessor of premises but only with respect to liability arising out of the ownership, maintenance, or use of that part of the premises leased to you subject to the following additional exclusions: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction, or demolition operations performed by or on behalf of such additional insured. C. CO-OWNER OF INSURED PREMISES Any co-owner of a premises co -owned by you and covered under this insurance whom you agree in a written agreement to include as additional insured, but only with respect to the co -owner's liability as co- owner of such premises. D. CONCESSIONAIRES TRADING UNDER YOUR NAME Any concessionaires trading under your name whom you agree in a written agreement to include as additional insured, but only with respect to their liability as a concessionaire trading under your name. E. FRANCHISOR Any person or organization whom you agree in a written agreement to include as additional insured, but only with respect to their liability as grantor of a franchise to you. F. FUNDING SOURCE Any person or organization whom you agree in a written agreement to include as additional insured, but only with respect to their liability arising out of: 1. Their financial control of you; or 2. Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction or demolition operations performed by or for that person or organization. G. GRANTORS OF PERMITS Any state or governmental agency or subdivision or political subdivision whom you agree in a written agreement to include as additional insured, subject to the following provision: This insurance applies only with respect to the following hazards for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies: 1. The existence, maintenance, repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away operations, sidewalk vaults, street banners or decorations and similar exposures; or 2. The construction, erection or removal of elevators; or 3. The ownership, maintenance or use of any elevators covered by this insurance. GIST 2000 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 12 2008 © 2020 SECURA Insurance Company H. LESSOR OF LEASED EQUIPMENT 1. Any person or organization from whom you lease equipment when you and such person or organization have agreed in writing that such person or organization be added as an additional insured on your policy. Such person or organization is an insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. A person's or organization's status as an additional insured under this Endorsement ends when their agreement with you for such leased equipment ends. 2. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. I. MORTGAGEE, ASSIGNEE OR RECEIVER Any mortgagee, assignee or receiver whom you agree in a written agreement to include as additional insured, but only with respect to their liability as mortgagee, assignee or receiver and arising out of the ownership, maintenance or use of the premises by you. This insurance does not apply to structural alterations, new construction, or demolition operations performed by or for such additional insured. J. OWNERS OR OTHER INTERESTS FROM WHOM LAND HAS BEEN LEASED 1. Any owners or other interests from whom land has been leased whom you agree in a written agreement to include as additional insured, but only with respect to "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by you or those acting on your behalf in connection with the ownership, maintenance or use of that part of the land leased to you. 2. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: a. Any "occurrence" which takes place after you cease to lease that land. b. Structural alterations, new construction, or demolition operations performed by or on behalf of such additional insured. K. STATE OR POLITICAL SUBDIVISIONS Any state or governmental agency or subdivision or political subdivision whom you agree in a written agreement to include as additional insured; subject to the following provisions: 1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. 2. This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b. "Bodily injury" or "property damage" included within the "products -completed operations hazard". III. BROADENED DEFINITION OF INSURED SECTION II — WHO IS AN INSURED on the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended to add the following: A. BROADENED NAMED INSURED Any organization which you control and actively manage, and have agreed in writing on or after the effective date of this policy to name them as additional insured. However, no such organization is an insured under this Endorsement who is also an insured under another policy; or would have been an insured under another policy but for its termination or exhaustion of its limits of insurance. B. LIMITED FELLOW EMPLOYEE CGT 2000 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 12 2008 0 2020 SECURA Insurance Company The who are not insureds in Item 2.a.(1)(a), with respect to co "employee" does not apply to your managers and supervisors who are your "employees" while in the course of employment by you and performing duties related to the conduct of your business. IV. SUPPLEMENTARY PAYMENTS INCREASED LIMITS SECTION I — COVERAGES; SUPPLEMENTARY PAYMENTS — COVERAGES A AND B on the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended as follows: A. Item 1.b., the cost of bail bonds is changed to $5,000; and B. Item 1.d., actual loss of earnings is changed to $1,000 a day. V. SUPPLEMENTARY PAYMENTS EXTENSIONS SECTION I — COVERAGES; SUPPLEMENTARY PAYMENTS — COVERAGES A AND B on the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended to add the following: At the insured's request, we will reimburse: A. BUSINESS TRAVEL ACCIDENT BENEFIT The insured if your current director or officer suffers injury or death while traveling on a common carrier for your business during the policy period. For the purposes of this SUPPLEMENTARY PAYMENT, injury means: 1. Physical injury to the body caused by violence, fracture, or an accident that results in loss of life not later than 180 days after the policy expiration, the date of cancellation or the date of non -renewal; 2. Accidental loss of limbs or multiple fingers; or 3. Total loss of sight, speech or hearing. The Business Travel Accident Benefit shall not be payable if the cause of the injury or death was: 1. An intentional act by the insured; 2. An act of suicide or attempted suicide; 3. An act of war; or 4. A disease process. The most we will pay under this provision is shown on the SCHEDULE above for all insureds combined per policy period. B. CATASTROPHE EMPLOYEE CARE COSTS The insured for employee care expenses incurred, but not reimbursable by any other source, as described below for covered "catastrophic events" or by a fatal accident: 1. On premises you own or rent; 2. On ways next to premises you own or rent; or 3. Because of your operations; Provided that: a. The "catastrophic event" takes place in the "coverage territory" and during the policy period; b. The expenses are incurred by you within 90 days of the accident and reported to us within 90 days of being incurred (90 day period for reporting expenses is not applicable in Missouri); and c. The determination of "catastrophic event" is approved by us prior to incurring the covered employee care expenses. We will make these payments for each "catastrophic event" as described in this provision. The most we will pay under this provision is shown on the SCHEDULE above for all insureds combined per policy period. We will pay reasonable expenses for: 1. Counseling services for "employees" and "volunteer workers' CGT 2000 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 12 2008 © 2020 SECURA Insurance Company 2. Increased security guard services; 3. Public relations consultants; 4. Security consultant services; or 5. Any other applicable expense approved by us. The above additional coverages are applicable at the location linked with the "catastrophic event". We will not pay for expenses resulting from "catastrophic events" if benefits are payable or must be provided to any person, whether they are an "employee" or not, under a workers' compensation or disability benefits law or similar law. Covered "catastrophic events" include violent or destructive events, other than natural catastrophe, that involve reckless acts by any person without regard for life, and involve physical harm or the threat of physical harm to individual victims who are connected with your operations; and causes emotional distress to "employees", customers or other individuals directly connected with your operations. C. CONFERENCE CANCELLATION The insured for any business -related conference expenses, paid by the insured and not reimbursable by any other source, for a cancelled conference that an "employee" or "volunteer worker" was scheduled to attend and was scheduled to start during the policy period. With respect to this coverage: 1. The insured "employee" or "volunteer worker' must have registered for the conference at least 30 days prior to the cancellation; 2. The cancellation must be ordered by a local, state or federal Board of Health or other governmental authority having jurisdiction over the location of the conference; and 3. The cancellation must be ordered during the policy period. We will not pay for expenses resulting from a cancelled conference that the insured was hosting. The most we will pay under this provision is shown on the SCHEDULE above for all insureds combined per policy period. D. EMERGENCY REAL ESTATE CONSULTING FEE The insured for any realtors fee or real estate consultant's fee required because the insured must relocate due to damage to the insured's primary location during the policy period, which makes that location unusable for more than 72 hours. The most we will pay under this provision is shown on the SCHEDULE above for all insureds combined per policy period. E. EMPLOYEE OR VOLUNTEER INDEMNIFICATION DEFENSE COVERAGE The Named Insured, at the Named Insured's request, for defense costs incurred by an "employee" or "volunteer worker" in a criminal proceeding if the alleged criminal wrongdoing occurred in the course of the "employee's" or "volunteer workers" employment by you or while performing duties related to the conduct of your business. The most we will pay for any "employee" or "volunteer worker' who is alleged to be directly involved in a criminal proceeding is shown on the SCHEDULE above regardless of the number of "employees" or "volunteer workers", claims or "suits" brought or persons or organizations making claims or bringing "suits". F. FUNDRAISING EVENT BLACKOUT The insured for fundraising event expenses that are incurred, and not reimbursable by any other source, due to the cancellation of a fundraising event caused by the lack of electric supply resulting in power outage, provided the fundraising event was originally scheduled to occur during the policy period and is not rescheduled. The fundraising event must have been planned at least 30 days prior to the power outage. The most we will pay under this provision is shown on the SCHEDULE above for all insureds combined per policy period. CGT 2000 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 12 2008 © 2020 SECURA Insurance Company G. IDENTITY THEFT EXPENSE Any current director or officer of the Named Insured for "identity theft expenses" incurred as the direct result of any "identity theft" first discovered and reported during the policy period. Any act or series of acts committed by one or more persons, or in which such person or persons are aiding or abetting others against the director or officer, is considered to be one "identity theft", even if a series of acts continues into a subsequent policy period. The most we will pay under this provision is shown on the SCHEDULE above for all current directors and officers combined per policy period. For the purposes of this SUPPLEMENTARY PAYMENT the following definitions apply: "Identity theft" means the act of knowingly transferring or using, without lawful authority, a means of identification of any director or officer (or spouse thereof) of the Named Insured with the intent to commit, or to aid or abet another to commit, any unlawful activity that constitutes a violation of federal law or a felony under any applicable state or local law. "Identity theft expenses" mean: 1. Costs for notarizing affidavits or similar documents attesting to "identity theft" required by financial institutions or similar credit grantors or credit agencies; 2. Costs for certified mail to law enforcement agencies, credit agencies, financial institutions or similar credit grantors related to the `identity theft"; 3. Loan application fees for re -applying for a loan or loans when the original application is rejected solely because the lender received incorrect credit information due to "identity theft"; or 4. Charges incurred for long distance telephone calls to merchants, law enforcement agencies, financial institutions or similar credit grantors, or credit agencies to report or discuss an actual "identity theft". H. IMAGE RESTORATION AND COUNSELING The insured for expenses incurred for image restoration and counseling arising out of "improper acts" by any insured. Covered expenses are limited to: 1. The costs of rehabilitation and counseling for the accused Insured, partners, directors, officers, "employees" or'volunteer workers" provided the Insured is not ultimately found guilty of criminal conduct, said reimbursement to occur after acquittal of the Insured. 2. The costs, charged by a recruiter or expended on advertising, of replacing an officer as a result of "improper acts"; and 3. The costs of restoring the Named Insured's reputation and consumer confidence through image consulting. For the purposes of this SUPPLEMENTARY PAYMENT, the following definition applies: "Improper acts" means any actual or alleged act of: 1. Sexual abuse; 2. Sexual intimacy; 3. Sexual molestation; and/or 4. Sexual assault; committed by any Insured against any natural person who is not an Insured. Such "improper acts" must have been committed by the Insured while in his or her capacity as an insured. The most we will pay under this provision is shown on the SCHEDULE above for all insureds combined per policy period. I. KIDNAP EXPENSE We will pay on behalf of any current director or officer of the Named Insured, reasonable fees incurred as a result of the kidnapping of them or their spouse, parent or child during the policy period. Coverage will not apply to any kidnapping by or at the direction of any present or former family member of the victim. Reasonable fees will include: 1. Fees and costs of independent negotiators; CGT 2000 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 12 2008 0 2020 SECURA Insurance Company 2. Interest costs for any loan from a financial institution taken by you to pay a ransom demand or extortion threat; 3. Travel costs and accommodations incurred by the Named Insured; 4. Reward money paid to an informant which leads to the arrest and conviction of parties responsible for loss covered under this insurance; and 5. Salary, commissions and other financial benefits paid by you to your kidnapped director or officer. Such compensation applies at the level in effect on the date of the kidnap and ends upon the earliest of. a. Up to 30 days after their release, if the director or officer has not yet returned to work; b.- Discovery of their death; c. 120 days after the last credible evidence following abduction that they are still alive; or d. 12 months after the date of the kidnapping. The most we will pay under this provision is shown on the SCHEDULE above for all insureds combined per policy period. J. POLITICAL UNREST Any current director, officer, "employee" or "volunteer worker" of the Named Insured while traveling outside the United States of America for "emergency evacuation expenses" directly related to the conduct of your business that are incurred as a result of an incident of "political unrest". The "political unrest" must occur during the policy period. No coverage is granted for travel to countries in a state of "political unrest" at the time of departure of the travel. For the purposes of this SUPPLEMENTARY PAYMENT, the following definitions apply: "Emergency evacuation expense" means: 1. Additional lodging expenses; 2. Additional transportation expenses; 3. The cost of obtaining replacements of lost or stolen travel documents necessary for evacuation from the area of "political unrest"; and 4. Translation services, message transmittals and other communication expenses; provided these expenses are not reimbursable by any other source. "Political unrest" means: 1. A short-term condition of disturbance, turmoil or agitation within a foreign country that poses imminent risk to the security of citizens of the United States; 2. A long-term condition of disturbance, turmoil or agitation that makes a foreign country dangerous or unstable for citizens of the United States; or 3. A condition of disturbance, turmoil or agitation within a foreign country that constrains the United States Government's ability to assist citizens of the United States, due to closure or inaccessibility of an embassy or consulate or because of a reduction of its staff; for which either an alert or travel warning has been issued by the United States Department of State. The most we will pay under this provision is shown on the SCHEDULE above for all insureds combined per policy period. K. TEMPORARY MEETING SPACE RENTAL The insured for rental of meeting space which is necessitated by the temporary unavailability of the insured's primary office space due to the failure of a climate control system or leakage of a hot water heater during the policy period. Coverage will exist only for the renting of temporary meeting space required for meeting with parties who are not insured under this policy. The most we will pay under this provision is shown on the SCHEDULE above for all insureds combined per policy period. CGT 20DO Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 9 of 12 2008 0 2020 SECURA Insurance Company L. TERRORISM TRAVEL REIMBURSEMENT Any current director or officer of the Named Insured for any `emergency travel expenses" incurred, and not reimbursable by any other source, as a result of a "Certified Act of Terrorism" during the policy period. For the purposes of this SUPPLEMENTARY PAYMENT, the following definitions apply: "Certified Act of Terrorism" means any act so defined under the Terrorism Risk Insurance Act, including its amendments and extensions. "Emergency travel expenses" means: 1. Hotel expenses incurred which directly result from the cancellation of a scheduled transport by a common carrier resulting directly from and within 48 hours of a Certified Act of Terrorism; and 2. The increased amount incurred in air or train fare which may result from rescheduling comparable transport cancelled by a common carrier in direct response to a Certified Act of Terrorism. The most we will pay under this provision is shown on the SCHEDULE above for all insureds combined per policy period. M. TRAVEL DELAY REIMBURSEMENT Any current director or officer for any "non -reimbursable expenses' they incur as a result of the cancellation of any regularly scheduled business travel on a common carrier during the policy period. For the purposes of this SUPPLEMENTARY PAYMENT, the following definition applies: "Non -reimbursable expenses" means the following travel -related expenses incurred after a 72 hour waiting period, beginning from the time documented on the proof of cancellation, and for which your director or officer produces a receipt: 1. Meals and lodging; 2. Alternative transportation; 3. Clothing and necessary toiletries; and 4. Emergency prescription and non-prescription drug expenses. The most we will pay under this provision is shown on the SCHEDULE above for all insureds combined per policy period. N. UNPAID DONATION PLEDGES The insured for "unpaid donation pledges". The most we will pay under this provision is shown on the SCHEDULE above for all insureds combined. With respect to any "unpaid donation pledge", the following applies: 1. The donor must not have been in bankruptcy, or have filed for bankruptcy or reorganization in the past seven years prior to the time the pledge was made to the insured; 2. For non -cash donation, payment by us of an "unpaid donation pledge" will be based on the fair market value of the non -cash donation at the time of the request for reimbursement; 3. In the case of unemployment or incapacitation of a natural person donor and as a condition of payment of the "unpaid donation pledge": a. Neither the natural person donor nor the insured shall have reason to believe the donor would become unemployed or incapacitated subsequent to the pledge date; b. The donor shall be unemployed or incapacitated for at least 60 days prior to us making payment; and c. The insured, at the time of the request for reimbursement, must provide written documentation of the donor's unemployment status. 4. No payments will be made by us for any written pledge of funds or other valuable tangible property that is dated prior to the policy period; and 5. A donation amount which is to be collected by the insured over more than a 12 month period shall be deemed a single donation commencing from the date of the pledge. CGT 2000 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 10 of 12 2008 © 2020 SECURA Insurance Company For the purposes of this SUPPLEMENTARY PAYMENT the following definition applies: "Unpaid donations pledges" mean a written notice to the insured during the policy period of. The bankruptcy or reorganization of any donor when such bankruptcy or reorganization prevents the donor from honoring a prior written pledge of funds or other valuable tangible property to the insured; or 2. The unemployment or incapacitation of a natural person donor preventing such donor from honoring a prior written pledge of funds or other valuable tangible property of the insured. The SUPPLEMENTARY PAYMENTS listed above will not reduce the limits of insurance. However, we will not be obligated to reimburse any insured for any SUPPLEMENTARY PAYMENTS listed above, after the limits of insurance of this policy have been exhausted by the payment of judgments or settlements. VI. CONDITIONS A. DUTIES IN THE EVENT OF AN OCCURRENCE, OFFENSE, CLAIM OR SUIT 1. Notice of Occurrence or an Offense a. The requirement in SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS; 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit; Paragraph a. on the COMMERCIAL GENERAL LIABILITY COVERAGE FORM that you must see to it that we are notified of an "occurrence" or an offense only applies when the "occurrence" or offense is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An officer of the corporation or insurance manager, if you are a corporation; or (4) A member or manager, if you area limited liability company. 2. Notice of claim or suit a. The requirement in SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS; 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit; Paragraph b. on the COMMERCIAL GENERAL LIABILITY COVERAGE FORM that you must see to it that we receive notice of a claim or "suit" applies only when the claim or "suit" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An officer of the corporation or insurance manager, if you are a corporation; or (4) A member or manager, if you are a limited liability company. B. PRIMARY AND NONCONTRIBUTORY As respects the coverage provided under this endorsement, SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS; 4. Other Insurance; Paragraph b. Excess Insurance on the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is deleted and replaced with the following: This insurance is excess over any other insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a written agreement with an additional insured described in SECTION II of this Endorsement specifically requires that this insurance be either primary or primary and noncontributory. Then this insurance is primary and, when required, not contributing with any other insurance available to the additional insured which covered that person or organization as a named insured. C. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US The following is added to SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS; a. Transfer Of Rights Of Recovery Against Others To Us on the COMMERCIAL GENERAL LIABILITY COVERAGE FORM: We waive any right of recovery against any person or organization, because of any payment we make under this Coverage Part, to whom the insured has waived its rights in a written agreement. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person or CGT 2000 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 11 of 12 2008 © 2020 SECURA Insurance Company organization prior to loss. VII. DEFINITIONS A. BODILY INJURY REDEFINED SECTION V — DEFINITIONS; 3. "Bodily injury" on the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is deleted and replaced with the following: 3. "Bodily injury" means bodily injury, sickness, or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. B. MOBILE EQUIPMENT AMENDMENT The following is added to the part of SECTION V — DEFINITIONS; 12. "Mobile Equipment" on the COMMERCIAL GENERAL LIABILITY COVERAGE FORM dealing with equipment designed primarily for snow removal, road maintenance, or street cleaning: But, this section does not apply to self-propelled vehicles of less than 1,000 pounds gross vehicle weight regardless of whether or not they are subject to any compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Self-propelled vehicles of less than 1,000 pounds gross vehicle weight are considered "mobile equipment". VIII. UNINTENTIONAL FAILURE TO DISCLOSE Any unintentional error or omission in the description of, or failure to completely describe, any premises or operations intended to be covered by the COMMERCIAL GENERAL LIABILITY COVERAGE FORM will not invalidate or affect coverage for those premises or operations. However, you must report such error or omissions to us as soon as practicable after its discovery. All other terms and conditions of this policy not in conflict with the terms and conditions of this Endorsement shall continue to apply. CGT 2000 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 12 of 12 2008 0 2020 SECURA Insurance Company WC000313 SFM Select Insurance Company Workers' Compensation and Employers' Liability Policy Waiver Of Our Right To Recover From Others Endorsement This endorsement changes the policy to which it Is attached effective on the inception date of the policy unless a different date is indicated below. This endorsement, effective on 02/01/2022 at 12:01 A.M. standard time, fors a part of Policy 124258.203 issued to Dubuque Dream Center Inc. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE This waiver of subrogation endorsement applies to the state of Iowa City of Dubuque 50 W 13th St Dubuque IA 52001 Waiver of subrogation for address listed above has an estimated charge of 5% of the applicable manual premium, with a minimum premium of $100. At audit the actual payrolls for this project will be obtained and the 5% charge will be adjusted accordingly. Please keep separate payrolls records for this project available at the time of audit Payroll Period: 02/01/2022 to 02/01/2023 Class/Description Payroll Rate Premium 8868 Colleges Or Schools Profession 0 0.45 0 9101 Colleges Or Schools All Other 0 4.02 0 Totals 0 0 Friedman Insurance Inc- 01/05/2022 - GF SFM, The Wori Como Experts Paget