Signed Contract_USP Technologies for Odor Abatement AnalysisCity of Dubuque
City Council Meeting
ITEM TITLE
SUMMARY:
SUGGESTED
DISPOSITION:
ATTACHMENTS:
Description
Copyrighted
April 1, 2024
Consent Items # 014.
Signed Contract(s)
J&R Supply, Inc. for the Ring & Lids - Metal Supply Project; Origin
Design Co. for the Kerper Boulevard Lift Station Replacement; UPS
Technologies for Odor Abatement Analysis.
Suggested Disposition: Receive and File
Kerper Boulevard Lift Station Replacement
Odor Abatement Analysis
Ring & Lids - Metal Supply Project
Type
Supporting Documentation
Supporting Documentation
Supporting Documentation
APPROVED BY
THE CITY OF
DUB E
Masterpiece on the Mississippi
TO: Michael Van Milligen, City Manager
Dubuque
All -America City
M4 NALCAIC A, 111
2007-2012.2013
2017*2019
FROM: Deron Muehring, Water & Resource Recovery Center Director
SUBJECT: Odor Abatement Analysis, Service Agreement, Odor Abatement
Analysis, USP Technologies
DATE: March 21, 2024
INTRODUCTION
The purpose of this memo is to seek authorization to enter into an agreement with
USP Technologies to perform an analysis of options to dose the waste stream with
ferric chloride to address odor and struvite issues at the Water & Resource
Recovery Center (WRRC).
BACKGROUND
USP Technologies was identified as the only known vendor that can provide
technical expertise in identifying potential dosing locations, provide the equipment
(temporary storage tanks and dosing skids) to evaluate the effectiveness of chemical
dosing, and provide the chemicals for dosing.
USP previously worked to identify the optimum dosing ahead of the primary clarifiers
with hydrogen peroxide resulting in a 50% reduction of hydrogen sulfide.
DISCUSSION
WRRC staff began sampling and testing struvite-producing nutrients and hydrogen
sulfide (H2S) between the digesters and the centrifuge to establish baseline levels
prior to chemical dosing. This will allow for determining the reduction in H2S and in
struvite-forming nutrients that can be achieved by chemical dosing. H2S is the most
prevalent odor -causing compound in wastewater. Struvite is a mineral compound
primarily composed of magnesium, ammonium, and phosphate. Struvite crystals can
accumulate on surfaces within the treatment system, including pipes, pumps, and
heat exchangers. This accumulation can result in clogging and scaling issues,
reducing the flow capacity of the system.
When struvite builds up in wastewater treatment systems, it can trap and hold onto
odorous compounds produced during the treatment process. When these deposits
get disturbed, they release odors. Additionally, the struvite can affect the organisms
in the system, affecting how organic matter breaks down and potentially creating
more odors. Struvite can also interact with certain compounds, like those containing
sulfur, leading to the release of gases like H2S. To deal with struvite, treatment
facilities use methods like adding chemicals and regular cleaning to prevent or get
rid of struvite deposits. This helps keep the treatment process running smoothly and
reduces the chances of unwanted odors.
Attached is an agreement for USP Technologies to continue its work to evaluate
odor reduction and struvite control options at the WRRC. The cost of the services
will depend on the actual chemical usage but based on an 80-day trial, it is
estimated to cost $76,308.27.
BUDGETIMPACT
Funding for the analysis will be from the FY24 CIP appropriation in the amount of
$150,000 for Odor and Struvite Control (Project 4381500012).
RECOMMENDATION
I recommend hiring USP to provide the chemical dosing equipment to determine the
benefits of dosing the waste stream with ferric chloride reduce odors and struvite
formation at the WRRC.
ACTION REQUESTED
I respectfully request execution of the attached agreement and authorizing a
purchase order in the amount of $80,000.00.
Attach.
Cc: Willie O'Brien, WRRC Plant Manager
(hrh.t�echSP
9
nolo ies
Solutions for a clean environment
January 10, 2024
Attn: William O'Brien & Derin Muehring
Water & Resources Recovery Center
City of Dubuque
795 Julien Dubuque Drive
Dubuque, Iowa 52003
RE: Extension of Trial Proposal for Odor Control Services
Dear Mr. O'Brien and Mr. Muehring,
USP Technologies is pleased to provide this trial extension proposal for a full-scale evaluation of the efficacy and economics of
using iron salts and hydrogen peroxide to control odors and struvite around the Water & Resource Recovery Center. For this
project USP will provide bulk deliveries of iron, bulk and/or tote deliveries of hydrogen peroxide, the installation and use of up to
three (3) dosing systems, a bulk storage tank for hydrogen peroxide, a bulk storage tank for iron salts, H2S monitoring services,
applications support through the course of the trial, and a summary report/presentation of findings with recommendations.
Summary of equipment and services provided by USP Technologies through the duration of the trial:
• The supply of ferrous chloride, ferric chloride, ferric sulfate, and/or SuIFeLoxTM in bulk deliveries (-3,500 — 4,200
gallons each)
• Tote/intermediate containers of 27% and/or 50% hydrogen peroxide (3100 pounds each)
• The supply of 50% hydrogen peroxide in bulk deliveries (-2,000 gallons each)
• The installation and use of three (3) engineered dosing systems
• Installation of suction and dosing lines, including one double block & bleed assembly with quill (if necessary)
• Monitoring services with Odalog, Acrulog, or other devices to supplement existing H2S monitoring
• Applications and technical support will be provided throughout the course of the trial
• Chemical safety training will be provided for any designated personnel
Summary of responsibilities of Dubuque:
• Supply bulk storage tanks suitable for use with iron salts (rated for a specific gravity of at least 1.55)
• Assistance in offloading and positioning of equipment &totes/IBC's
• 110V power for each dosing system and for the iron salts tank heat trace
• Assistance in installing suction and dosing lines, including any necessary coring, drilling, excavating, etc.
• If dosing into a pressurized line, City will provide a suitable valve or penetration for a'/2" OD SST injection quill to be
used. USP will adapt to a suitable NPT connection.
• Provide eyewash/safety shower units
• Provide water for rinsing/wash down purposes
Pricing:
• Ferrous chloride
o $2.53/lb of iron
o —10.4% ferrous iron content
o Density: —10.59 Ibs/gallon or —1.269 SG
• Ferric chloride
o $3.82/lb of iron
o —13.8% ferric iron content
o Density: —11.92 Ibs/gallon or —1.429 SG
• Ferric sulfate
o $3.96/lb of iron
o—12.25% ferric iron content
o Density: —12.89 Ibs/gallon or —1.545 SG
• SuIFeLoxTM
o $5.14/lb of iron
o —13.0% ferrous iron content or —1.33 SG
o Density: —11.1 Ibs/gallon
USP Technologies usptechnologies.com
5640 Cox Road, Glen Allen, VA 23060 info@usptechnologies.com
Phone: 404-352-6070
CUSP
technologies
Solutions for a tlean environmeN
• Hydrogen Peroxide
o Bulk Deliveries
■ $7.05/gallon for bulk deliveries of 50% hydrogen peroxide solution
■ —2,000 gallons/delivery
o Tote Deliveries
■ $7.52/gallon for 13 tote deliveries of 27% hydrogen peroxide (-337 gallons/tote)
■ $9.17/gallon for 4 tote deliveries of 27% hydrogen peroxide (-337 gallons/tote)
■ $10.78/gallon for single tote deliveries of 27% hydrogen peroxide (-337 gallons/tote)
■ $10.60/gallon for 13 tote deliveries of 50% hydrogen peroxide (-310 gallons/tote)
■ $12.45/gallon for 4 tote deliveries of 50% hydrogen peroxide (-310 gallons/tote)
■ $14.23/gallon for single tote deliveries of 50% hydrogen peroxide (-310 gallons/tote)
■ Totes are delivered one way. USP can assist in identifying disposal/recycle options once empty.
• Included while purchasing and using odor control chemicals:
o Installation, use, and maintenance of one (1) double -walled bulk storage tank for hydrogen peroxide
o Installation, use, and maintenance of one (1) double -walled heat traced bulk storage tank for iron salts
o Installation, use, and maintenance of three (3) engineered dosing systems and the associated suction and
dosing lines
■ Note that USP will maintain ownership and responsibility for the dosing systems
o On -going maintenance, data collection, and technical support services
• This pricing is valid through 6/30/2024.
• Please note that any unused product cannot be returned.
• Pricing excludes tax, payment terms are net 30 days.
I appreciate the opportunity to offer this proposal for your consideration and hope that we get the chance to provide you with a
valuable solution. Please do not hesitate to contact me if I can be of further assistance.
Sincerely,
Michael Nelson
2
USP
Territory Manager, Midwest
Agreed to by both parties:
BUYER
City of Dubuque ("Buyer")
795 Julien Dubuque Drive
Dubuque, IA 52003
By
Date March 23, 2024
Name Michael Van Milli
Title City Manager
Signature
Terms & Conditions:
SELLER
US Peroxide, LLC
("USP" or "Seller")
5640 Cox Road
Glen Allen, VA 23060
Date 23-Jan-2024
dba USP Technologies
Name Jordan Butler
Title General Manager
Signature'.
1. Weights. Seller's weights and volumes shall govern, except that in case of proven error adjustment shall be
made.
2. Risk of Loss. Risk of loss and responsibility for all goods sold or provided hereunder shall pass to Buyer upon
Seller's delivery to Buyer.
3. Warranty & Liability. Seller warrants that the goods shall conform to Seller's standard specifications in effect at
time of shipment. Upon passage of title to the goods, Buyer assumes all responsibility and liability for Buyer's
negligent storage, handling, sale or use of the goods or their containers.
4. Indemnification. Seller agrees to defend, indemnify, and hold harmless Buyer and its respective officers, directors,
employees, affiliates, and volunteers from and against any and all claims, damages, liabilities, losses, proceedings,
judgments, costs and expenses, including, without limitation, reasonable attorney's fees, arising out of, indirectly or
directly the;
A. Negligence or misconduct of Seller related to its performance of obligations under this Agreement,
B. Breach or non-compliance by Seller with its obligations under this Agreement, and/or
C. Breach or non-compliance by Seller with applicable law, rule or regulation pertaining to this
Agreement and its performance hereunder.
Buyer agrees to defend, indemnify, and hold harmless Seller and its respective officers, directors, employees,
affiliates, and volunteers from and against any and all claims, damages, liabilities, losses, proceedings, judgments,
costs and expenses, including, without limitation, reasonable attorney's fees, arising out of, indirectly or directly the;
A. Negligence or misconduct of Buyer related to its performance of obligations under this Agreement,
B. Breach or non-compliance by Buyer with its obligations under this Agreement, and/or
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C. Breach or non-compliance by Buyer with applicable law, rule or regulation pertaining to this
Agreement and its performance hereunder.
This indemnification shall survive the expiration or termination of this Agreement.
5. Damages & Claims. Seller's liability for damages and remedies against the Seller shall be limited to Seller's
insurance coverage as required by the attached Insurance Schedule. The foregoing constitutes the exclusive
remedy against the Seller and entire liability of the Seller in connection with such delivery and Seller shall not be
liable for any incidental or consequential damages.
Buyer shall inspect each shipment of goods within a reasonable time after arrival at Buyers plant, and in any event
before use. Failure to make a claim in writing against the Seller within 30 days after arrival of goods at destination
shall constitute an irrevocable acceptance of goods. Any action for breach of this contract must be commenced
within the period required for the commencement of actions for breach of a written contract.
6. Default or Waiver. If Buyer fails to perform any of the terms of this Contract, Seller may defer shipments until
such failure is made good or may treat such failure as final refusal to accept further shipments and may cancel this
Contract. Seller may terminate this contract if Buyer becomes insolvent. This Contract shall automatically terminate
in the event Buyer assigns his property for the benefit of creditors or is adjudicated a bankrupt. Either party's waive
of such party's rights thereafter to enforce and compel strict compliance with conditions of this Contract, at any time,
shall not in any way affect, limit, or waive such party's right thereafter to enforce and compel strict compliance
with every term and condition of the Contract.
7. Excuses for Nonperformance. Seller shall have no liability for any delay or failure in performance hereunder, in
whole or in part, if such delay or failure arises from
(i) Compliance in good faith with any foreign or domestic governmental regulation or order, whether
or not later shown invalid or inapplicable;
(ii) The occurrence of any contingency the nonoccurrence of which was a basic assumption at the time
this contract was made, including without limitation acts of God, fire, flood, accident, riot, war,
terrorism, sabotage, strike, lock -out, labor trouble or shortage, breakdown or failure of equipment,
or embargo;
(iii) Seller's inability to obtain any required product, material, energy source, equipment, labor, or
transportation at prices and on terms deemed by Seller to be acceptable;
(iv) Seller's incurring increased costs for compliance with environmental protection, health or safety
regulations; or
(v) Any other event or occurrence not within the reasonable control of Seller.
If any such circumstances affect only a part of Seller's capacity to perform, Seller may allocate products,
services and deliveries among its customers and its own requirements as Seller may determine in its sole
discretion. Quantities affected by this paragraph may, at the option of either party, be eliminated from the
contract without liability, but the Contract shall remain otherwise unaffected.
8. Assignability & Continuity. Neither party shall not assign this Contract or any right or obligation under this Contract
without the prior, written approval of the other party; however, this Contract shall be binding upon and inure to the
benefit of any actual or purported successors of the parties hereto.
9. Surcharges. Notwithstanding anything in this Contract to the contrary, Seller reserves the right to impose a special
temporary surcharge in the event of any increase in the price of energy or any other raw material that is reasonably
likely to have a material impact on Seller's overall costs of Products and Services, or is imposed on Seller by its
material or services providers. The amount of such surcharge will be limited to that required to negate the increase
in Seller's costs resulting from such increases. Seller shall give Buyer written notice at least ten (10) business days
prior to imposing any such surcharge and shall reduce or remove such surcharge at such time as the price of
energy or raw materials return to levels which no longer justify such increase.
10. Equipment. Where Buyer's program includes the provision of Equipment, the following shall apply:
(a) Ownership: Unless and until such time Buyer pays for Equipment in full, any Equipment provided
hereunder shall remain the sole and exclusive personal property of Seller even though Buyer may attach Equipment
to realty. Seller may cause such Equipment to be marked to indicate Seller's ownership. Buyer agrees to cooperate
in the filing of any necessary financing statements to protect Seller's interests;
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(b) Use: Equipment shall be used only in conjunction with the prescribed use of Seller Products and Buyer
agrees not to introduce any other material into the Equipment;
(c) Buyer Facility: Buyer shall install and provide necessary utilities as specified by Seller for the term of
this Agreement and, in addition, will provide Equipment with shelter, tank pads, spill protection and foundations as
appropriate. Buyer shall receive, unload, and place Equipment at no cost to Seller;
(d) Maintenance and Consumables: Seller shall be responsible for all routine maintenance, within the scope
of the applicable Equipment warranty, and Buyer shall be responsible for purchasing all consumables in connection
with the use of the Equipment; and
(e) Risk of Loss: Customer agrees to assume all risk of loss arising from or pertaining to the possession,
operation, or use of such Equipment. Buyer shall obtain and maintain for the term of this Agreement property
damage and liability insurance sufficient to cover loss or damage to the Equipment including, without limitation, loss
by fire (including so-called extended coverage) and such other risks of loss as are customarily insured against for
the businesses in which Customer is engaged.
11. Patents. Seller represents that to the best of its knowledge, the sale and/or use by Buyer of goods in the form
sold hereunder will not infringe any composition of matter claims in any adversely held U.S. Patent claiming the
goods per se, but in the event that it is alleged that such sale and/or use constitutes infringement of such Patent,
then Seller's liability to the Buyer shall (i) be limited to the defense of such infringement actions and the payment of
damages awarded therefor by a court of competent jurisdiction from which no appeal is or can be taken, and (ii)
arise only if Buyer promptly gives Seller written notice of such claim and full authority, information and assistance
for the defense of such claim. Seller's warranty as to use patents only applies to infringement arising solely out of
the use of the goods according to their applications as envisioned by Seller's specifications. In no event shall Seller
be liable for any infringement or alleged infringement arising from or caused or alleged to be caused by Buyer's
combination of the goods supplied hereunder with other goods in any fashion not specifically recommended by
Seller or by use of the goods in any process not specifically provided or recommended by Seller and is provided on
the condition that the Buyer is likewise responsible for and will defend, indemnify and hold harmless the Seller
against all losses, claims, expenses or damages which may result from the misuse or misapplication of any goods
or services by the Buyer or any third party affiliated or in privity with Buyer. The foregoing states the entire liability
of the Seller with respect to patent infringement by said goods. Seller reserves the right to suspend deliveries
hereunder, or to terminate this contract, if the Seller believes that the manufacture and/or sale by the Seller, or the
sale and/or use by the Buyer, of any goods sold hereunder infringes on any U.S. PATENT.
12. Applicable Law — Entirety. The construction, performance and completion of this Contract shall be governed by
the law of the state of Iowa. Venue for any action arising out of this Contract shall be exclusively in the Iowa District
Court for Dubuque County, Iowa.
13. Entire Agreement. This contract is intended by the parties as the final expression of their agreement and is the
complete and exclusive statement of the terms thereof, notwithstanding any oral representations or statements to
the contrary heretofore made. No modification or release shall be effective unless in writing, signed by both parties,
and specifically stating it is such modification or release.
14. Termination. If pursuant to any federal, state or local law, regulation or ordinance Seller is required to install any
additional equipment or facilities, in order to comply with governmental standards and if the cost of such installation,
in Sellers opinion, makes it uneconomic to Seller to continue production of the goods, Seller may terminate this
Contract on 30 days prior written notice delivered to Buyer.
15. Acceptance. All sales and purchases of products hereunder are limited to and conditional on Buyer's acceptance
of these standard terms and conditions. Seller objects to and rejects any terms and conditions that may be proposed
by Buyer which are in addition to or different from these standard terms and conditions. No modification of this
contract shall be affected by the acknowledgment or acceptance of purchase order forms containing different or
additional terms or conditions.
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INSURANCE SCHEDULE G
1. Vendor shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the coverage required in Exhibit
I prior to the contract commencement. Each certificate shall be prepared on the most current ACORD form approved
by the Iowa Insurance Division or an equivalent. Each certificate shall include a statement under Description of
Operations as to why the certificate was issued. Agreement dated
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and all insurers
shall have a rating of A or better in the current A.M. Best's Rating Guide.
3. Each certificate shall be furnished to the Finance Department of the City of Dubuque.
4. The service provider shall be required to carry the minimum coverage/limits, or greater if required by law or other
legal agreement, in Exhibit I. Failure to provide the required minimum coverage shall not be deemed a waiver of such
requirements by the City of Dubuque.
5. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement.
6. All required endorsements shall be attached to certificate.
7. Whenever a specific ISO form is referenced the current edition of the form must be used unless an equivalent form is
approved by the Director of Finance and Budget. The service provider must identify or list in writing all deviations and
exclusions from the ISO form.
8. If vendor's limits of liability are higher than the required minimum limits then the vendor's limits shall be this
agreement's required limits.
9. Vendor shall require all subcontractors and sub -subcontractors to obtain and maintain during the performance of
work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurance from
all such subcontractors and sub -subcontractors. Vendor agrees that it shall be liable for the failure of a subcontractor
and sub -subcontractor to obtain and maintain such coverage. The City may request a copy of such certificates from
the Vendor.
10. Vendor shall be responsible for deductibles/self-insured retention for payment of all policy premiums and other costs
associated with the insurance policies required below.
11. All certificates of insurance must include agents name, phone number, and email address.
12. The City of Dubuque reserves the right to require complete, certified copies of all required insurance policies,
including endorsements, required by this Schedule at any time.
13. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in the risk or
other special circumstances during the term of the agreement, subject to mutual agreement of the parties.
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A)
B)
INSURANCE SCHEDULE G (continued)
EXHIBIT I
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 CG 00 01 or business owners form BP
00 02. All deviations from the standard ISO commercial general liability form CG 00 01,
or Business owners form BP 00 02, shall be clearly identified.
2) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate
Limit."
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 20 10 (Ongoing
operations) or its equivalent.
6) Policy shall include Waiver of Right to Recover from Others endorsement.
WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory Benefits covering all employees injured on the job by accident or disease as prescribed
by Iowa Code Chapter 85.
Coverage A Statutory —State of Iowa
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.
Coverage B limits shall be greater if required by the umbrella/excess insurer.
OR
If, by Iowa Code Section 85.1A, the Vendor is not required to purchase Workers' Compensation
Insurance, the Vendor shall have a copy of the State's Nonelection of Workers' Compensation or
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Employers' Liability Coverage form on file with the Iowa Workers' Compensation Insurance
Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached.
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INSURANCE SCHEDULE G (continued)
C) POLLUTION LIABILITY
Coverage required: _*_Yes _ No
Pollution liability coverage shall be required if the lessee, contracting party, or permittee has any
pollution exposure for abatement of hazardous or contaminated materials including, but not
limited to, petroleum products, the removal of lead, asbestos, or PCBs. Pollution product and
completed operations coverage shall also be covered.
Each Occurrence $2,000,000
Policy Aggregate $4,000,000
1) Policy to include job site and transportation coverage.
2) Include additional insured 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 20 10. (Ongoing
operations) or its equivalent and CG 20 37(competed operations).
3) Include Preservation of Governmental Immunities Endorsement.
4) Provide evidence of coverage for 5 years after completion of project.
D) PROFESSIONAL LIABILITY $1,000,000
Coverage required: _ Yes _*_ No
If the required policy provides claims -made coverage
1) The Retroactive Date must be shown and must be before the date of the agreement.
2) Insurance must be maintained and evidence of insurance must be provided for at least five (5)
years after completion of the work or services.
3) If coverage is canceled or non -renewed and not replaced with another claims -made policy form
with a Retroactive Date prior to the date of the agreement, the contractor must provide "extended
reporting" coverage for a minimum of five (5) years after completion of the work or services.
E) CYBER LIABILITY/BREACH $1,000,000
Coverage required: _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.
F) UMBRELLA/EXCESS $1,000,000
Coverage required: _*—Yes _ No
The General Liability, Automobile Liability and Workers Compensation Insurance requirements
may be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the
Umbrella or Excess Insurance policy does not follow the form of the primary policies, it shall
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include the same endorsements as required of the primary policies including Waiver of
Subrogation and Primary and Non-contributory in favor of the City.
Please be aware that naming the City of Dubuque as an additional insured as is required by this Insurance Schedule may
result in the waiver of the City's governmental immunities provided in Iowa Code sec. 670.4. If you would like to preserve
those immunities, please use this endorsement or an equivalent form.
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and
the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental
immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be
amended from time to time.
2. Claims Coverage. 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 Iowa Section 670.4 as it now exists and as it may be amended from
time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this
insurance policy.
3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of
governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurer.
4. Non -Denial of Coverage. 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, Iowa under this policy for reasons of governmental immunity unless
and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of
Dubuque, Iowa.
No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the
coverage available under the policy.
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