Signed Contract_Administrative Agreement with the Iowa Municipalities Workers' Compensation AssociationCity of Dubuque
City Council Meeting
Consent Items # 025.
Copyrighted
December 19, 2022
ITEM TITLE: Signed Contract(s)
SUMMARY: Administrative Agreement with Iowa Municipalities Workers'
Compensation Association; Origin Design Co. for Municipal Services
Center, Reception Renovations Project.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
Administrative Agreement with Iowa Municipalities Supporting Documentation
Workers' Compensation Association
Origin Design Co. - Municipal Services Center, Supporting Documentation
Reception Renovations Project
ADMINISTRATIVE AGREEMENT
THIS ADMINISTRATIVE AGREEMENT, herein referred to as "Agreement", dated for
reference purposes the day of 2022, is entered into by and between the IOWA
MUNICIPALITIES WORKERS' COMPENSATION ASSOCIATION, a separate legal entity created
by Iowa cities pursuant to the provisions of Chapter 28E, Code of Iowa, herein referred to as
"IMWCA", and the City of Dubuque, Iowa, herein referred to as "DUBUQUE".
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WHEREAS, the IMWCA provides and administers workers' compensation and related employer
liability coverage for its members qualifying therefore, and has made such coverages and services
available; and
WHEREAS, the City of Dubuque wishes to self -fund the attached claims of its police officers
and firefighters participating in the disability pension program created by Chapter 411 of the Code of
Iowa, and to contract with IMWCA to obtain claims administrative services necessary to manage the
attached claims; and
WHEREAS, the IMWCA has agreed to provide such services on the terms and conditions set
forth herein, provided that the City Manager of DUBUQUE has approved this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements
contained herein, the parties hereby agree as follows:
Term. The term of this Agreement shall be from December 1, 2022 through the life of each
claim (list attached), unless cancelled earlier as provided in Section 5.
2. Services.
A. Services Provided. Subject to all the other terms and conditions of this Agreement,
IMWCA shall be responsible for administering the attached claims of participating police
officers and firefighters for DUBUQUE.
B. Services Only. IMWCA does not act as an insurer for the attached claims
of DUBUQUE, and this Agreement shall not be construed as an insurance policy or any
agreement of indemnity. IMWCA is not itself financially responsible for the payment or
satisfaction of claims, lawsuits or any form of cause of action against DUBUQUE by
virtue of this Agreement.
3. independent Contractor Status.
A. Status. IMWCA, for purposes of this agreement, shall be an independent contractor.
B. Hold Harmless and Indemnification. DUBUQUE shall indemnify and hold harmless
IMWCA from any and all loss, cost or expense incurred by IMWCA as a result of its
performance of this Agreement, unless the loss, cost or expense is caused by the
negligent act or omission of IMWCA.
4. Compensation.
A. In consideration of the performance by IMWCA of its services and obligations
provided under subparagraph A of Paragraph 2 above, DUBUQUE agrees to pay
IMWCA a one-time non-refundable payment in the sum of Two Thousand Four
Hundred Dollars ($2,400) for the administration services and expenses for the period
December 1, 2022 through the life of each claim (list attached). In the event
IMWCA's compensation herein is not paid when due, IMWCA may, (reserving all
other remedies and rights under this Agreement and in law) at its sole option and
discretion, upon ten (10) days prior notice to DUBUQUE, discontinue processing the
attacched claims for DUBUQUE.
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5. Cancellation.
A. Either Party. This Agreement may be cancelled by either party upon written notice to the
other party, provided such notice specifies an effective date for cancellation of not less
than ninety (90) days after the date of such notice.
6. Conditions and Limitations.
A. Profitability. IMWCA makes no representation or warranty to DUBUQUE that the
business of self -funding the attached claims arising against DUBUQUE under Section
411.15, and the administration of those claims by IMWCA, shall result in financial gain
to DUBUQUE or result in DUBUQUE paying less costs for the claims under Section
411.15 than it has cost in previous years.
B. Information. DUBUQUE shall render complete and accurate information to IMWCA
as requested by IMWCA and advise IMWCA promptly of any changes in DUBUQUE's
operations.
C. Cooperation. IMWCA's responsibility for the performance of service as specified in
paragraph 2 is conditioned upon the cooperation of DUBUQUE.
D. Legal Services. The services to be provided by IMWCA are not of a legal nature, and
IMWCA shall in no event give, or be required to give, any legal opinion or provide any
legal representation to DUBUQUE. IMWCA shall not be considered as engaged in the
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practice of law. It is specifically agreed that if any legal action is initiated against
IMWCA or DUBUQUE by reason of the denial of a claim under Section 411.15,
IMWCA will have the option of returning the claim back to DUBUQUE, and IMWCA
will have no further responsibility to administer that claim or to defend a legal action
brought as a result of its administration of that claim.
E. Assignment. Neither this Agreement nor any rights hereunder shall be assigned by
either party without the prior written consent of the other party first having been
obtained.
F. Entire Agreement. This Agreement constitutes the entire understanding of the
agreement between the parties hereto, and supersedes all prior and contemporaneous
agreements or understandings, written or oral, of the parties hereto. This Agreement
may be amended only in writing executed by both parties.
G. Notices. All notices to be given pursuant to this Agreement shall be in writing, and shall
be deemed to have been duly given when personally delivered, or when mailed postage
prepaid by certified mail, return receipt requested, to the following address:
If to IMWCA: Iowa Municipalities Workers' Compensation Association
500 SW 7t' Street, Suite 101
Des Moines, IA 50309
If to the city of Dubuque: City of Dubuque
Attn: City Manager
50 W. 1P St.
Dubuque, IA 52001
H. Interpretation. This Agreement shall be interpreted by application of the laws of the
State of Iowa.
I. Representation and Warranties. IMWCA covenants, represents and warrants that it is
experienced and qualified to perform the administrative services contemplated by this
Agreement and is equipped to perform such administrative services.
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Separability. In the event that any one or more of the provisions contained in this
Agreement or any application thereof shall be invalid, illegal or unenforceable in any
respect, the validity, legality or enforceability of the remaining provisions of this
Agreement or any other application thereof shall not in any way be affected or impaired
thereby.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above
written.
CITY OF DUBUQUE, IOWA
By
Authorized Official
Dated 12/12/2022
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IOWA MUNICIPALITIES WORKERS'
COMPENSATION ASSOCIATION
C?-% "r�,
Jeff Hovey
Director of Risk Services
Dated: November 30. 2022
List of Retiree Claims:
1. Michael Gabriel
2. Gary Weets
3. Walter Paisely
4. Ric Jones
5. Carl Winter
6. Thomas Fessler