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FY27 Dubuque Regional Humane Society Contracted Services Agreement and NegotiationsCity of Dubuque City Council ACTION ITEMS # 1. Copyrighted August 3, 2026 ITEM TITLE: FY27 Dubuque Regional Humane Society Contracted Services Agreement and Negotiations SUMMARY: City Manager recommending City Council approve a five-year contracted services agreement between the City of Dubuque and the Dubuque Regional Humane Society effective July 1, 2026-June 30, 2031, and authorize the Mayor to sign the agreement. SUGGUESTED Receive and File; Approve DISPOSITION: ATTACHMENTS: 1. MVM Memo Dubuque Regional Humane Society FY27 Contracted Services Agreement 2. 2026.07.28 Staff Memo DRHS FY27 Contracted Services Agreement 3. NEED MAYOR SIGNATURE DRHS contracted services agreement FY27-31 Page 1178 of 1281 Dubuque THE C D!Uj-!B AII-America Ciq 11111.1 II Masterpiece on the Mississippi YP PP zoo�•*o 13 2017202019 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: FY27 Dubuque Regional Humane Society contracted services agreement and negotiations. DATE: July 30, 2026 Public Health Director Mary Rose Corrigan is recommending City Council approve a five-year contracted services agreement between the City of Dubuque and the Dubuque Regional Humane Society effective July 1, 2026-June 30, 2031, and authorize the Mayor to sign the agreement. The $212,207 amount in the agreement was approved in the FY27 budget. Proposed is a five-year agreement negotiated with the DRHS that includes the following substantive changes from the existing agreement: • Establishes a year one amount of $212,207, an 18% increase from FY26. • Establishes a year of the amount of $240,000, a 13% increase over the previous year. • Establishes years three through five at an annual CPI-U increase, with the ability of both parties to renegotiate the costs. • Requires the city to outsource and/or pay additional veterinary fees for animals due to the Humane Society's limited veterinarian coverage. (FY26 costs were $5015 for veterinarian care plus $3500 for rabies observations for a total of $8515). • Extends the deadline for DRHS- required reports being submitted. • Limits after hours DRHS assistance to phone calls. • Adds a non -binding provision to research and explore a Community Cat program. Looking to the future, however, the DRHS cost structure and continued rising costs are not a sustainable option for the city if they continue to request increases greater than the rate of inflation. In addition, the city's' costs with area veterinarians will also increase due to the DRHS having limited veterinarian coverage. Mary Rose further recommends that should Dubuque Humane Society seek an increase higher than CPI in any of the final three years (FY 29 — FY 31) that at that time the city staff explore alternative partnerships and arrangements for housing and Page 1179 of 1281 impounding city stray, abandoned, lost or held animals due to the ongoing DRHS increases in costs. 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 Mary Rose Corrigan, Public Health Director Jennifer Larson, Chief Financial Officer Jason Lehman, Assistant City Attorney 2 Page 1180 of 1281 THE C DUUB--.*-TE Masterpiece on the Mississippi TO: Michael Van Milligen, City Manager FROM: Mary Rose Corrigan, Public Health Director DATE: July 28, 2026 Dubuque 2007-2012.2013 2017*2019 RE: This memorandum presents the FY27 Dubuque Regional Humane Society contracted services agreement and negotiations. INTRODUCTION This memorandum is a recommendation to approve Dubuque Regional Humane Society (DRHS) FY27 Contracted Services Agreement. I further recommend that should Dubuque Regional Humane Society seek an increase higher than CPI in any of the final three years (FY 29 — FY 31) that at that time the city staff explore alternative partnerships and arrangements for housing and impounding city stray, abandoned, lost or held animals due to the ongoing DRHS increases in costs. BACKGROUND The current four- year agreement between the city and the DRHS began July 1, 2022, and expired June 30, 2026. The length of past agreements with the DRHS have varied between one and five years. The multi -year agreements included an annual increase according to the Consumer Price Index (CPI) as published by the federal government. This annual increase allowed both the city and the DRHS to plan for future years. The past agreements also required a cost allocation report where the DRHS calculated their costs based on the services outlined in the agreement and the percentage of their costs allocated for city animals. The cost per animal on the most recent cost allocation report was $271 per animal. Per animal includes dogs, cats and wildlife. In 2026, the DRHS estimated 62% of the animals they took in were city animals, meaning they were brought in by citizen finders, Police and Animal Control Officers. HISTORY OF CONTRACTS AND PAYMENTS TO DRHS Amount Increased from FY Annual Amount Previous Year FY1999 $ 26,940.00 Amount Increased FY Annual Amount from Page 1181 of 1281 Previous Year FY2000 $ 27,756.00 3% FY2001 $ 28,584.00 3% FY2002 $ 29,304.00 2.5% FY2003 $ 30,036.00 2.5% FY2004 $ 30,636.00 2% FY2005 $ 46,400.00 51 % FY2006 $ 71,400.00 54% FY2007 $ 106,400.00 4% FY2008 $ 109,400.00 3% FY Annual Amount CPI Index Percentage/Contract Note CPI Year Beginning 2016 FY 2009 $ 112,400.00 New contract FY 2010 $ 115,772.00 3% FY 2011 $ 119,245.00 3% FY 2012 $ 122,822.00 3% FY 2013 $ 126,507.00 3% FY 2014 $ 130,303.00 5% New contract FY 2015 $ 133,039.00 2% New contract amended to 2015-2020 FY 2016 $ 123,142.00 1.0% May-16 FY 2017 $ 124,373.42 1.9% May-17 FY 2018 $ 126,736.51 2.8% May-18 FY 2019 $ 130,285.14 1.9% May-19 FY 2020 $ 132,630.00 2% New contract May-20 FY 2021 $ 146,335.55 5.0% May-21 FY 2022 $ 150,614.00 3% New contract May-22 FY 2023 $ 162,900.00 4.0% May-24 FY 2024 $ 169,416.00 4.0% May-23 FY 2025 $ 175,007.00 3.3% May-24 FY 2026 $ 179,207.00 2.4% May-25 DRHS CONTRACT NEGOTIATIONS AND HIGHLIGHTS Dubuque Regional Humane Society and city staff began meeting in September 2025 to negotiate and prepare a new contract beginning July 1, 2026. DRHS presented a preliminary May -July 2025 cost allocation report and predicted a necessary $20,000 increase (11 %) to $199,207 for a starting point to a new contract based for FY27. 2 Page 1182 of 1281 October 9, 2025, Jennifer Larson and I met with Board Chair Amy Wagner and Vice Chair Jayme Ironside, Board Member Emeritus Kathy Sigman (who also volunteers to compile city cost reports etc. as required by our contract) along with DRHS Operations Director Mellissa Krepfle. DRHS discussed many challenges related to increasing costs. Jennifer and I emphasized that a $20,000 increase would require significant justification and the DRHS agreed to provide more information. On November 19, 2025, Jennifer Larson and I met to discuss a more recent cost analysis provided by Amy Wagner on November 14, 2025. We had many questions. Jennifer did extensive research on DRHS IRS Form 990 and an analysis of their costs. We then followed up with a set of questions for DRHS prior to our next meeting. December 2, 2025, DRHS announces appointment of Board Vice -Chair Jayme Ironside to the President and CEO role. December 3, 2025, Jennifer Larson and I met with DRHS representatives including Jayme Ironside, Amy Wagner, Kathy Sigman and Mellisa Krepfle. They discussed many of the same issues as in previous meetings. Jayme agreed to provide responses to our questions and a draft of FAQs for budget justification by December 15, 2025. December 2025, Jayme Ironside provides a summary and FAQ document to support budget justification for FY27, and the 2026 DRHS budget as required by contract. The FAQ document and in -person discussions answered most of our questions. January 2026, DRHS provides additional information as requested by the city. The city then requested additional information and their funding request for FY27. Shortly after receiving that response, I requested the information DRHS had not included from the requests in the letter of January 6, 2026. 1 also requested a final funding request for FY27. DRHS replied with a request of $249,237, a 39% increase along with additional information based on their current status and operational realities. Information was gathered from Dubuque County, regarding their contract with DRHS, which was renewed on July 1, 2025, for two years through June 2027. The DRHS stated this new county contract was to gradually bring the Dubuque County contract in line with current costs and fees. The city then requested the DRHS provide us with an agreement with the same price structure as their agreement with Dubuque County, which is a "cost per animal" structure instead of a flat annual fee. We also included a minimum annual fee of $179,207 with additional payments if the number of animals brought in by the city cost more than the $179,207 base amount. Using FY2025 data or city animals brought to the DRHS and applied to the county contract structure would result in a cost of $160,490 This was not agreed to by DRHS indicating they could not offer us the same 3 Page 1183 of 1281 cost per animal fee because City animals had a higher cost than county animals and city animals accounted for 62% of animals brought to the DRHS. In April 2026, DRHS submitted a cost allocation report projecting estimated costs for FY 26 at $177 cost per animal and a shortfall of $70,415 through June 30, 2026. DRHS proposed two options, 1) a flat fee option at $230,000 (28% increase) plus annual CPI increases or 2) a cost per animal option of $250 per stray/lost dog and $160 per stray/lost cat, which is 39% higher than the Dubuque County fee of $180 per dog and 45% higher than the Dubuque County fee of $110 per cat for FY27. Based on FY 2025 data, the annual cost per animal option would be $226,910. With FY 26 increases in animals taken to the shelter, the cost would most likely be higher than this estimate. The city then proposed a four-year agreement starting at $212,207 (an 18% increase from FY26) with annual CPI increases. The DRHS counteroffer was a two-year contract of $212,207 for FY27 and increase to $240,000 (13% increase from FY27) in FY28. Since new processes and management have been established, city staff recommended a one-year contract which would also allow for an additional year of DRHS cost allocation reports and a more accurate estimate of city costs related to the contract. The DRHS agreed. However, considering the extensive research and staff time by numerous city and DRHS staff, a one-year agreement was not what either party initially preferred. The city then proposed an additional offer to extend the one- year contract, which included the following: • Year one: $212,207 • Year two: $240,000 Years three -five: increase by annual Consumer Price Index for All Urban Consumers (CPI-U) for 12-month period ending in May, with base starting at $240,000 Both DRHS and city staff agreed to this proposal. The final contract also included a provision in years three through five to renegotiate the amount and adds the concept of exploring a Community Cat program to reduce the overpopulation of unwanted and stray cats. Looking to the future, however, the DRHS cost structure and continued rising costs are not a sustainable option for the city if they continue to request increases greater than the rate of inflation. In addition, the city's' costs with area veterinarians will also increase due to the DRHS having limited veterinarian coverage. Proposed is a five-year agreement negotiated with the DRHS that includes the following substantive changes from the existing agreement: • Establishes a year one amount of $212,207, an 18% increase from FY26. • Establishes a year two (FY28) amount of $240,000, a 13% increase over the previous year. 0 Page 1184 of 1281 • Establishes years three through five at an annual CPI-U increase, with the ability of both parties to renegotiate the costs. • Requires the city to outsource and/or pay additional veterinary fees for animals due to the Humane Society's limited veterinarian coverage. (FY26 costs were $5015 for veterinarian care plus $3500 for rabies observations for a total of $8515). • Extends the deadline for DRHS required reports being submitted. • Limits after hours DRHS assistance to phone calls. • Adds a non -binding provision to research and explore a Community Cat program. RECOMMENDATION I recommend that the City Council approve a five-year contracted services agreement between the City of Dubuque and the Dubuque Regional Humane Society effective July 1, 2026-June 30, 2031. I further recommend that should Dubuque Humane Society seek an increase higher than CPI in any of the final three years (FY 29 — FY 31) that at that time the city staff explore alternative partnerships and arrangements for housing and impounding city stray, abandoned, lost or held animals due to the ongoing DRHS increases in costs. BUDGETIMPACT The $212,207 amount in the agreement was approved in the FY27 budget. COUNCIL ACTION Authorize the Mayor to sign the attached agreement between the City of Dubuque and the Dubuque Regional Humane Society on behalf of the City of Dubuque. Cc Crenna Brumwell, City Attorney Jason Lehman, Assistant City Attorney Jennifer Larson, Chief Financial Officer M RC/cm Page 1185 of 1281 AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE REGIONAL HUMANE SOCIETY This Agreement, dated for reference purposes the 1st day of July, 2026, is made and entered into by and between the City of Dubuque, Iowa (the "City"), an Iowa municipal corporation, and the Dubuque Humane Society, an Iowa nonprofit corporation doing business as the Dubuque Regional Humane Society ("DRHS"). Whereas, the City has no suitable shelter for dogs, cats and other animals to be taken to or received pursuant § 7-613-10 of the City of Dubuque Code of Ordinances (hereinafter, the "City Code"); and Whereas, DRHS is an incorporated society which maintains suitable shelter (the "Shelter") where animals may be taken or received pursuant to § 7-6B-10 of the City Code; and Whereas, it is deemed to be in the best interests of the City to enter into an agreement with DRHS to provide animal housing and services for the City. NOW, THEREFORE, IT IS AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS: SECTION 1. TERM. The term of this Agreement is from July 1, 2026, through and including June 30, 2031 (the "Term"). SECTION 2. DEFINITIONS. For all purposes related to this Agreement, the terms listed in this Section 2 shall be defined as stated below: 2.1 After -Hours: Any time(s) occurring outside of DRHS's established normal business and internal hours of operation, as expressed in Exhibit 3 of this Agreement. 2.2 Animal Holding: The temporary care, custody, and control of an animal by DRHS beyond the standard intake or stray holding period, when such animal is required to be retained for a special duration such as, but not limited to, identification status, quarantine requirements, legal proceedings, investigative purposes, and directive by the City. 2.3 Community Cat: Any free -roaming, unowned, or feral cat living outdoors, regardless of whether the cat is socialized or unsocialized. 2.4 Critter: Any domesticated animal other than a cat or dog. 2.5 Event of Force Majeure: An act of God or the public enemy; compliance with any order, rule, regulation, decree, or request of any governmental authority or agency or person purporting to act therefor; acts of war, public disorder, rebellion, terrorism, or sabotage; floods, hurricanes, or other storms; strikes or labor disputes; pandemic or Page 1 of 21 Page 1186 of 1281 epidemic; or any other cause, whether or not of the class or kind specifically named or referred to herein, not within the reasonable control of the party affected and which by the exercise of due diligence could not be reasonably prevented or overcome. 2.6 Expenses Report: As defined in Section 8.1 hereof. 2.7 Fiscal Year: The period beginning July 1 and ending June 30. 2.8 Losses: As defined in Section 17.1 hereof. 2.9 SNR (Shelter/Neuter/Release): A program in which Community Cats are impounded, spayed or neutered, vaccinated, ear -tipped, and returned to their location of origin. 2.10 Stray or Stray Animal: Any domesticated animal found wandering, roaming, or at large. 2.11 Surrender. The voluntary and intentional relinquishment of ownership, possession, and all legal rights to an animal by its owner or keeper. 2.12 TNR (Trap/Neuter/Release): A program in which Community Cats are humanely trapped, spayed or neutered, vaccinated, ear -tipped, and returned to their location of origin. 2.13 Wild Animal: Any animal that lives in a state of nature and is not ordinarily tame, domesticated, or subject to human control. 2.14 Wildlife: All living creatures, particularly mammals, birds, and fish, that are not domesticated and that exist in a natural or unmanaged state. SECTION 3. SHELTER AND EQUIPMENT. 3.1 DRHS must provide the shelter and all equipment in the shelter necessary for the operation of an animal shelter in accordance with the terms of this Agreement and all applicable laws, rules, regulations, orders, and ordinances, including those contained in the City Code. DRHS agrees to comply, at all times, with all applicable federal, state, and local laws, rules, regulations, orders, and ordinances. 3.2 DRHS must maintain the shelter in a clean and sanitary manner and must not permit any condition to exist that might constitute a public nuisance. 3.3 DRHS must manage and operate the shelter and provide proper and adequate housing and feeding for all animals which come into its custody pursuant to this Agreement. SECTION 4. COMPENSATION AND PAYMENT. 4.1 Annual Fee. The City shall pay DRHS an annual fee for each Fiscal Yearof the Term Page 2 of 21 Page 1187 of 1281 as follows: A. July 1, 2026 — June 30, 2027: $212,207 (two hundred twelve thousand, two hundred seven dollars); B. July 1, 2027 -- June 30, 2028: $240,000 (two hundred forty thousand dollars); C. July 1, 2028 — June 30, 2029: $240,000 (two hundred forty thousand dollars) plus the annual CPI adjustment pursuant to Section 4.2 of this Agreement; D. July 1, 2029 — June 30, 2030: the annual fee for the prior Fiscal Year, plus the annual CPI adjustment pursuant to Section 4.2 of this Agreement; and E. July 1, 2030 — June 30, 2031: the annual fee for the prior Fiscal Year, plus the annual CPI adjustment pursuant to Section 4.2 of this Agreement. The annual fee, plus the annual CPI adjustment, if any, is intended to cover all services provided by DRHS during the Fiscal Year for which such annual fee is paid, except those services specifically exempted herein. 4.2 Annual CPI Adjustment. Beginning July 1, 2028, and on July 1 of each Fiscal Year thereafter during the Term of this Agreement, the annual fee shall be increased by the annual percentage change in the Consumer Price Index for All Urban Consumers (CPI-U), U.S. City Average, All Items, for the twelve-month period ending in May immediately preceding the applicable Fiscal Year, as published by the U.S. Bureau of Labor Statistics. Each adjustment shall be compounded annually, meaning that the adjusted amount from the prior Fiscal Year shall serve as the base for calculating the next adjustment. If the CPI-U is discontinued or materially revised, the parties shall mutually agree upon a reasonably comparable successor index. 4.3 Request for Fee Review. Notwithstanding the fee adjustment methodology established in Section 4.2, either party may request a review of the annual fee applicable to the next Fiscal Year by providing written notice to the other party no later than 180 (one hundred eight) (180) days prior to the commencement of such Fiscal Year. The written notice shall include the basis for the requested review, together with supporting information reasonably necessary to evaluate the request. Upon receipt of such notice, the parties shall meet and confer in good faith to review the request and negotiate any proposed adjustment to the annual fee. Any modification to the annual fee resulting from such review shall be effective only upon the mutual written agreement of the parties. If the parties are unable to reach agreement within sixty (60) days following commencement of negotiations, the parties shall jointly engage an independent accounting, financial, or other qualified consulting professional mutually acceptable to both parties to review the costs and circumstances supporting the requested adjustment and provide a non -binding recommendation. The costs of such review shall be shared equally by the parties unless otherwise agreed. If the parties remain unable to reach agreement following such review, either party may terminate this Agreement in accordance with Section 16, provided that all obligations under this Agreement shall remain in full force and effect during the notice period. Notwithstanding anything herein to the contrary, the annual fees listed in Sections 4.1(A) and (B) (for Fiscal Years 2026-27 and 2027-28, Page 3 of 21 Page 1188 of 1281 respectively) shall not be subject to the fee review provisions of this paragraph. 4.4 Animal Holding. In addition to the annual fee, the City will pay Animal Holding fees to DRHS as described in Chart 1: Chart 1 Animal Holding (see Section 2) Per Animal: $35/day possible $100 medical fee or $80 euthanasia fee upon release Per Litter: $50/day + possible $200 medical fee or $150 euthanasia fee upon release City requested or approved; inclusive of other fees The City shall pay additional rates as outlined in Chart 1 for all defined Animal Holding periods as follows, provided the City has requested or approved each such hold and treatment. A. Impounded animals with identification (e.g. microchip, tag, or tattoo): Charges shall apply only to the period beginning after the expiration of the unlicensed animal holding period established by City Code (currently three [3] days from the date of impoundment) and continuing through the applicable licensed animal holding period required by City Code (currently seven [7] days for dogs and five [5] days for cats, measured from the date notice is delivered to the owner pursuant to Section 12.1). Fees shall not apply during the initial unlicensed holding period but shall accrue only during the additional retention period required to comply with owner notification and disposition requirements under Sections 12.1 and 12.2 of this Agreement. B. Animals held for rabies/bite quarantine: held for ten (10) days and observed for disease by DRHS. Animals showing signs of rabies and/or requiring testing will be billed separately. C. Animals held for court cases: held for the period specified by the City. D. Abandonment holds: held for the period specified by the City. If no communication is received from the City, DRHS has the authority to make placement decisions according to its policy. E. Animals held for cruelty investigations: held for the period specified by the City. F. Wild animals: DRHS will only impound wild animals if they are injured or involved in a hold case, and all such holds shall be at DRHS's sole and absolute discretion. There is no standard hold time for these animals unless they are part of a court case Page 4 of 21 Page 1189 of 1281 or can be transferred to an appropriate rehabilitator or sanctuary. G. Litters: held for the period specified by the City. All holds shall be held by DRHS at DRHS's facility, unless the parties agree otherwise. DRHS agrees that no animal subject to Animal Holding shall be held at a foster home or anywhere other than DRHS's facility, without the City's express consent. Additional rates for undefined Animal Holding periods that fall outside of the scope of this Agreement shall be negotiated in good faith by both parties. 4.5 Each annual fee shall be payable in equal monthly installments due on or before the last day of each month. SECTION 5. DAILY FEE. DRHS may retain any boarding or daily care fees charged to animal owners for animals received by the City's Animal Control personnel or the City's Police Department, as well as all fees charged for services outside the scope of this Agreement. SECTION 6. ANIMAL INTAKE AND CUSTODY. 6.1 Animals Eligible for Intake. DRHS shall accept animals under this Agreement only if the animal originates within the geographic boundaries of the City, unless otherwise expressly authorized by the City. An animal shall be considered to originate within the City if it is: Impounded within City limits by City Animal Control or Police; Found within the City andlor delivered by a resident of the City; or Otherwise expressly authorized by the City for intake. Animals reasonably believed to originate outside the City shall not create a payment obligation for the City unless expressly approved by the City. 6.2 Transfer of Custody. An animal shall be deemed accepted by DRHS upon physical delivery to DRHS and completion of DRHS's intake procedures. Upon acceptance, custody and responsibility for care of the animal transfers to DRHS, and DRHS assumes full responsibility for housing, feeding, veterinary care, and disposition consistent with applicable law. SECTION 7. RELEASING IMPOUNDED ANIMAL; RELATED FEES; LICENSING. 7.1 Unless specifically approved by the City, DRHS may not, under any circumstances, release an impounded animal to the owner without the owner providing evidence showing that all due and owing pet license fees have been paid to the City. A. Impoundment fees paid at DRHS will be paid to the City on or before the 15th day of each month for impoundment fees collected on behalf of the City during the previous calendar month. S. For all unlicensed animals subject to the City's licensing fees, DRHS shall collect all pet licensing fees due and owing to the City prior to releasing the impounded animal. (Note that no licensing fees are required for dogs or cats under Page 5 of 21 Page 1190 of 1281 six (6) months of age.) Licensing fees collected by DRHS shall be paid to the City on or before the 15th day of each month for licensing fees collected on behalf of the City during the previous calendar month. C. For all impoundment fees collected by DRHS pursuant to Section 7.1(A) hereof and all licensing fees collected by DRHS pursuant to Section 7.1(B) hereof, DRHS agrees to complete the Information Form attached to this Agreement as Exhibit 2 and provide a completed copy of each such form to the City at the time the corresponding impoundment and/or licensing fees are paid to the City. 7.2 For purposes of this Agreement, DRHS will be granted access to the City's animal licensing database(s) upon the City's receipt of a database privacy policy which is acceptable to the City and applicable to all DRHS employees, volunteers, board members, agents, and any other person or entity who may be granted access to the database(s) described herein. Use of the database(s) shall be limited to confirming animal ownership, vaccination, and licensing information for animals in the possession of DRHS pursuant to this Agreement. SECTION 8. REPORTS. 8.1 Based on the expense allocation calculation developed by a third -party chosen by mutual agreement of the parties, DRHS must provide an "Allocation of Expenses to the City of Dubuque, IA" report (hereinafter, the "Expenses Report"). The Expenses Report must be created using Microsoft Excel software and must include cumulative year-to-date columns for total expenses and expenses allocated to the City. The Expenses Report must be submitted in the native Excel format, including formulas and calculations, unless it is not reasonably practicable to do so, in which case data in CSV format with full explanations of any calculated fields must be provided. DRHS must provide the City with the Expenses Report quarterly according to the following schedule: Fiscal Year Quarter Covered b Report Due Date First (1st) 5t (fifth) Thursday of the Second (2"d) Quarter Second (2"d) 5th (fifth) Thursday of the Third (3rd) Quarter Third (3r) 51h (fifth) Thursday of the Fourth (41h) Quarter Fourth (4th) 81h (eighth) Thursday of the First (15t) Quarter If DRHS wishes to change the methodology used to prepare the Expenses Report or change the percentage allocations, the City must first approve the change in writing, and the report must be reviewed or developed by a mutually agreed upon neutral third -party. If a new methodology is approved by the City and used for preparation of the Expenses Report, the City will pay for the one-time expense of a report explaining the new methodology, provided that competitive bids or quotes are obtained for this new methodology; the lowest responsive, responsible bidder is chosen; and all other legal requirements applicable to the City's expenditures of public money are satisfied. 8.2 DRHS must furnish to the City the quarterly "Accountant's Compilation Report" prepared by an independent accounting firm quarterly no later than the fifth Thursday of Page 6 of 21 Page 1191 of 1281 the following month after the quarter ends for the first, second, and third quarters of the calendar year. For the 4th quarter, the quarterly "Accountant's Compilation Report" must be furnished to the City by the eighth Thursday following December 31 of each year. 8.3 DRHS must furnish to the City a report of DRHS's annual meeting, a list of its officers, and an annual IRS Form 990, by no later than August 31 of each year, and a comparative budget no later than December 31 of each year for the following year. 8.4 DRHS must furnish to the City the following monthly reports: A. Date of intake; B. Return to owner; C. Rabies; and D. Stray intakes by type (stray, dead on arrival, wildlife, and the entity who brought the stray to DRHS). The monthly reports shall be submitted to the City by the end of the first week of the following month. For instance, the July report for any given year should be submitted by the end of the first week in August of that same year. DRHS reserves the right to modify the format and layout of the monthly reports as necessary to accommodate software updates and system changes and will work with the City to ensure a working report for both parties. 8.5 Notwithstanding any other required reports or required data described in this Agreement, DRHS agrees to provide the City, upon the City's request, pet owner information and animal information, including but not limited to information related to surrenders, impoundments, adoptions, quarantined animals, and alleged bites. Such information may be provided to the City orally or in writing. DRHS will provide the City with copies of such records as the City deems reasonably necessary or convenient to support its enforcement and recordkeeping efforts related to ownership, licensing, vaccination status, and other issues related to the City's animal control operations. 8.6 The City may request reports or other information from DRHS in addition to the reports specifically identified in this Section 8. If a third -party is reasonably necessary to prepare the other reports requested by the City, then the City shall reimburse DRHS for the actual and reasonable costs of such reports; alternatively, DRHS may provide the City with the requested information, in which case the City shall cause such other reports to be produced at the City's expense. If the requested reports or information can be prepared by DRHS personnel without the use of a third -party, the City shall reimburse DRHS for the actual staff time required to compile, prepare, and deliver such reports at a rate of $75.00 (seventy-five dollars) per hour. SECTION 9. SPECIAL ACCOMMODATIONS. 9.1 In the event the number or nature of the animal(s) placed by the City exceeds the care capacity of DRHS, DRHS must make every effort to assist the City in either caring for such animals at DRHS's then -current location or assist the City in finding alternative accommodations for such animals. In the event such alternative accommodations are required, the City agrees to be responsible for payment of the reasonable costs of such Page 7 of 21 Page 1192 of 1281 alternative accommodations. 9.2 DRHS must promptly reimburse the City for the City's actual costs and expenses related to each event for which DRHS is unable to provide any of the services required under this Agreement. The City shall provide DRHS with an itemized statement detailing each cost or expense for which the City seeks reimbursement, and DRHS shall remit payment to the City within 30 (thirty) days of DRHS's receipt of such statement, provided each such cost or expense is reasonable for the service(s) provided and each such service was reasonably necessary under the circumstances then existing. SECTION 10. HOURS OF SERVICE. 10.1 Shelter Access. DRHS must allow the City's authorized personnel to access DRHS's shelter twenty-four hours a day, seven days a week, for the purposes of receiving animals under this Agreement. This Section 10.1 is not intended to require the physical presence of DRHS's staff at the shelter during After -Hours. DRHS shall ensure that City's authorized personnel can reach a designated DRHS representative by telephone twenty- four hours a day, seven days a week. Such representative shall be authorized to provide access to the shelter, to direct the City's personnel regarding the proper intake and securing of animals delivered during After -Hours, and to arrange for a DRHS staff member to respond in person if circumstances require and a staff member is available to respond in person. DRHS shall provide the City with current contact information for purposes of this Section 10.1 and shall notify the City in writing of any change in contact information. Calls placed to the designated number shall be answered immediately or returned within no later than 15 (fifteen) minutes. 10.2 After -Hours. No services outlined in this Agreement shall be required during After - Hours, unless expressly stated otherwise herein. DRHS shall resume and provide all services as defined in this Agreement during its normal business and internal hours of operation, as defined in Exhibit 3. The City may request services from DRHS during After -Hours. Such services are not guaranteed by DRHS and, if provided at DRHS's sole discretion, shall be subject to additional After -Hours fees and charges which fall outside the fees outlined within this Agreement. Any animal requiring known or obvious emergent medical attention during After -Hours shall be the responsibility of the City to manage and shall not be left at DRHS without appropriate medical attention provided. 10.3 Shelter Hours. Except as otherwise provided herein, DRHS must keep the shelter open to the public at least six (6) days per week, federal and state holidays excepted, for the convenience of the public and for the purpose of transacting business in connection with the services to be provided under this Agreement. In the event of an emergency, DRHS may close the shelter for the minimum time period necessary to safely reopen the shelter. In such instances, DRHS shall notify the City without undue delay. DRHS may, on occasion, and at its sole discretion, close the Shelter for reasons other than an emergency. In such instances, DRHS will provide the City with notice at least 24 (twenty- four) hours in Page 8 of 21 Page 1193 of 1281 advance of closure. In no event shall such non -emergency closure occur more than once in any calendar month. SECTION 11. ANIMAL CARE. DRHS must accept, handle, care for, maintain, and provide humane disposition, when appropriate, for all animals brought to it pursuant to this Agreement. SECTION 12. DISPOSAL OF IMPOUNDED ANIMALS. 12.1 DRHS must provide written notice to the owner of a licensed dog or cat if DRHS can reasonably determine the owner's name and current address by accessing a tag or other device that is on or a part of the dog or cat. The notice must be sent within two (2) calendar days after the dog or cat has been impounded. The notice must provide that if the owner does not redeem the dog within seven (7) calendar days or the cat within five (5) calendar days from the date on which the notice is delivered, the animal may be humanely destroyed or otherwise disposed of in accordance with law as an abandoned animal whose ownership is vested in DRHS. For purposes of this requirement, notice is delivered on the date DRHS mails the notice which may be by regular mail. 12.2 DRI-IS may not dispose of any impounded, licensed cat until at least five (5) days after the notice to the owner, and any impounded, licensed dog until at least seven (7) days after the notice to the owner has been made as required by § 7-61:3-10 of the City Code. DRHS may not dispose of any impounded, unlicensed dog or cat until at least three (3) days after the date of the impoundment, 12.3 Notwithstanding the foregoing, DRI-IS may, at any time and pursuant to DRHS's then -current Behavior and Euthanasia policies, euthanize vicious dogs or other vicious animals if DRHS reasonably determines such dog or other animal constitutes a danger to the public, to DRHS's employees or staff, or is inhumanely suffering. 12.4 DRHS must euthanize all animals that are deemed 'vicious' by the City. The City may, in its sole discretion and at any time, order DRHS to euthanize dogs or other animals if the City reasonably determines such dog or other animal constitutes a danger to the public, or to the City or DRHS's employees or staff, or is inhumanely suffering.. DRHS shall not euthanize any animal that is subject to any one or more of the Animal Holdings described in Section 4 hereof, unless expressly authorized to do so by the City. 12.5 DRHS will be responsible for costs associated with disposal of animal remains, regardless of whether such animal was brought in deceased by the City, ordered to be euthanized per the City, or euthanized at the discretion of DRHS. SECTION 13. DISPLAY OF LICENSING. DRHS must prominently display in the shelter a Certificate of Registration and such other licenses as may be required by the City or the State of Iowa. SECTION 14. INSPECTION OF SHELTER. The shelter must be open for inspection by the Public Health Director of the City of Dubuque, or their designee, within a reasonable time after notice by the City. DRHS must forward copies of all State of Iowa and other Page 9 of 21 Page 1194 of 1281 regulatory inspection reports to the Public Health Director. SECTION 15. INSURANCE. DRHS must, at all times during the term of this Agreement, maintain insurance as set forth on the City's Insurance Schedule J, attached hereto as Exhibit 1 and incorporated herein by this reference. SECTION 16. TERMINATION. 16.1 This Agreement maybe terminated by either party without cause after providing one hundred eighty (180) days' written notice to the other party by certified U.S, mail to the address of the party listed below: If to the City: City of Dubuque Attn: City Manager 50 W 13th Street Dubuque, IA 52001 If to DRHS: Dubuque Regional Humane Society Attn: President & CEO 4242 Chavenelle Road Dubuque, IA 52002 16.2 If either party fails to fulfill its obligations under this Agreement in a timely and proper manner, or otherwise violates any of the covenants, agreements, or stipulations herein, the non -breaching party shall have the right to terminate this Agreement by providing written notice to the other party. Such notice shall identify the reasons for termination and specify an effective date, which shall be no less than 5 (five) calendar days from the date of the notice. Upon termination, any fees paid pursuant to Section 4 shall be adjusted on a proportional basis for the unperformed portion of the then -current term. Each party shall return any funds expended for purposes not contemplated by this Agreement. SECTION 17. MISCELLANEOUS. 17.1 Indemnification. Each party (the "Indemnifying Party") agrees to defend, indemnify, and hold harmless the other party and its respective officials, directors, officers, employees, agents, successors, and assigns (collectively, the "Indemnified Parties") from and against any third -party claims, causes of action, costs, expenses (including reasonable attorneys' fees), liabilities, or damages (collectively, "Losses"), to the extent arising out of or caused by (a) the negligent or reckless act or omission, intentional misconduct, or failure to comply with applicable laws by the Indemnifying Party or its employees, agents, or volunteers in connection with the performance of its obligations under this Agreement; or (b) any material breach by the Indemnifying Party of its representations, covenants, warranties, or obligations under this Agreement. 17.2 Conditions to Indemnification. With respect to each matter brought by a third party that is subject to indemnification under this Agreement, the party obligated to provide indemnification (the "Indemnifying Party") shall be responsible, at its sole cost and expense, for controlling, defending, litigating, and/or otherwise resolving such matter through counsel of its choice. A. The party entitled to indemnification (the "Indemnified Party") may, at its option, participate in the defense or resolution at its own expense and through counsel of its Page 10 of 21 Page 1195 of 1281 choice; S. The Indemnified Party may, at its option, assume control of the defense or resolution if the Indemnifying Party does not promptly and diligently pursue such defense or resolution, provided that the Indemnifying Party shall remain obligated to indemnify the Indemnified Party in accordance with this Agreement; and C. Neither party shall agree to any settlement without the prior written consent of the other party, which shall not be unreasonably withheld or delayed. In all events, the parties shall cooperate in good faith with one another and their respective counsel with respect to all such matters. Upon receiving notice of any matter for which indemnification may be sought, the Indemnified Party shall promptly provide reasonably detailed written notice to the Indemnifying Party describing the nature of the matter and the amount demanded or claimed, if known. 17.3 Non -Discrimination. DRHS shall maintain and comply with non-discrimination practices applicable to its employment and operations. Such practices shall prohibit discrimination against employees and applicants for employment on the basis of all classifications protected by applicable federal, state, and local law, except as otherwise permitted by law. Upon request, DRHS shall provide its non-discrimination practices to the City for review. If the City reasonably determines that DRHS's practices do not satisfy the minimum non- discrimination requirements required by law, the parties agree to discuss such concerns in good faith and work collaboratively to negotiate reasonable modifications to DRHS's practices necessary to achieve compliance with such minimum requirements. DRHS shall retain the right to maintain its own policies and procedures, provided they meet the mutually agreed -upon minimum standards and all applicable legal requirements. 17.4 Force Majeure. A delay in or failure of performance of either party shall not constitute a default hereunder, nor be the basis for or otherwise give rise to, any claims for damages, if and to the extent such delay or failure is caused by an Event of Force Majeure. Provided, however, that the party who is delayed or prevented from performing by an Event of Force Majeure shall, within a period not to exceed 14 (fourteen) days after the occurrence or detection of any such event, give notice to the other party setting forth in reasonable detail the nature thereof and the anticipated extent of the delay and shall remedy such cause as soon as reasonably possible, or as mutually agreed between the parties. Notwithstanding the foregoing, in no event shall a party's failure to make payments due hereunder be excusable due to an Event of Force Majeure. 17.5 Assignment; Binding on Successors and Assigns. Neither party may assign this Agreement without the prior written consent of the other, which shall not be unreasonably withheld or delayed. Any purported assignment in contravention of this Section shall be void. This Agreement shall be binding upon and inure to the benefit of the successors and permitted assigns of the parties. 17.6 Severabiiity. If a court of competent jurisdiction determines that any term of this Agreement is invalid or unenforceable to any extent under applicable law, then the remainder of this Agreement (and the application of this Agreement to other circumstances) shall not be affected thereby, and each remaining term shall be valid and enforceable to the fullest extent permitted by law. Page 11 of 21 Page 1196 of 1281 17.7 Entire Agreement. This Agreement (including the exhibits attached hereto) contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes and replaces all prior negotiations, correspondence, conversations, agreements, and understandings concerning the subject matter hereof. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations, agreements, or understandings, whether oral or written. 17.8 Disputes; Governing Law; Venue. The parties agree to act immediately to resolve any dispute arising with respect to this Agreement. Time is of the essence in the resolution of disputes. DRHS agrees that the existence of a dispute notwithstanding, it will continue without delay to carry out all its responsibilities under this Agreement which are not affected by the dispute; the City agrees that it shall continue to make payment for all services performed as outlined in this Agreement. This Agreement is entered into pursuant to and is to be construed and enforced in accordance with the laws of the State of Iowa, without regard to its conflict of laws principles. Venue for any action arising out of this Agreement shall be in the Iowa District Court for Dubuque County, Iowa or the Federal District Court for the Northern District of Iowa, Eastern Division, and the parties hereby irrevocably consent to the jurisdiction of such courts. 17.9 Amendments. Except as maybe provided otherwise herein, neither this Agreement nor any of its terms may be changed or modified, waived, or terminated except by an instrument in writing signed by an authorized representative of the party against whom the enforcement of the change, waiver, or termination is sought. 17.10 Waiver; Remedies. No failure or delay by a party hereto to insist on the strict performance of any term of this Agreement, or to exercise any right or remedy consequent to a breach thereof, shall constitute a waiver of any breach or any subsequent breach of such term. No waiver of any breach hereunder shall affect or alter the remaining terms of this Agreement, and each and every term of this Agreement shall continue in full force and effect with respect to any other then -existing or subsequent breach thereof. The remedies provided in this Agreement are cumulative and not exclusive of the remedies provided by law or in equity. 17.11 Relationship of parties. DRHS and the City acknowledge and agree that they are not joint venturers, partners, or employees of or with each other, and nothing contained in this Agreement shall be construed as creating a partnership, joint venture, employment, or similar relationship between the City and DRHS. 17.12 No 'third -Party Beneficiaries. Other than the indemnitees listed in Section 17.1 hereof (who are third -party beneficiaries solely with respect to the indemnification provisions), there are no intended third -party beneficiaries under this Agreement, and no third party shall have any right or make any claim hereunder, it being intended that solely the parties hereto (and the aforementioned indemnitees with respect to the indemnification provisions hereof) shall have rights and may make claims hereunder. 17.13 Limitation on Damages. In no event shall either party be liable or responsible for any consequential, indirect, incidental, punitive, or special damages (including, without limitation, lost profits) whether based upon breach of contract orwarranty, negligence, strict tort liability, or otherwise, and each party's liability for damages, costs, or losses hereunder Page 12 of 21 Page 1197 of 1281 shall be strictly limited to direct damages, costs, and losses that are actually incurred by the other party. 17.14 Counterparts and Electronic Signatures. This Agreement may be executed in counterparts, each of which shall constitute an original, and all of which together shall constitute one and the same document. This Agreement may be executed by the parties and transmitted by electronic transmission, and if so executed and transmitted, shall be effective as if the parties had delivered an executed original of this Agreement. Electronic signatures shall be as valid as original signatures. 17.15 Currency. All financial terms referenced herein are intended to be in U.S. dollars and shall remain in U.S. dollars despite any exchange rate or change to the same. 17.16 Regulatory Agency Compliance. DRHS shall, in connection with its performance under this Agreement, materially comply with all applicable laws and regulations set forth by applicable federal, state, and local regulatory agencies. 17.17 Suspensions and Debarment. DRHS certifies that it is not presently debarred, suspended, declared ineligible, or voluntarily excluded from participation in any contract with the City, the State of Iowa, or the federal government. 17.18 Numbers, Genders, Captions, and Headings. All words and phrases contained herein, including the acknowledgements hereof, shall be construed as the singular or plural in number and as masculine, feminine, or neuter in gender, according to the contexts. The captions and section headings are for convenience only and shall not be used in the interpretation or enforcement of any provision of this Agreement. 17.19 No Inference Against Drafter. Each party hereto acknowledges that this Agreement was negotiated by the parties, each represented by counsel of their choosing (or, having had ample opportunity to consult with counsel of their choosing, has knowingly and voluntarily waived such representation), and each having participated in the drafting of this Agreement. Therefore, no inference, presumption, or burden of proof shall arise favoring any party by virtue of the authorship of any provision of this Agreement. 17.20 Public Records and Transparency. The parties acknowledge that the City is subject to the Iowa Open Records Act, Iowa Code Chapter 22, and that records relating to services performed under this Agreement may be subject to public disclosure. DRHS agrees to cooperate with the City in responding to lawful public records requests relating to services provided under this Agreement. Upon reasonable request by the City, DRHS shall provide records reasonably necessary for the City to respond to such requests. Nothing in this Section shall be interpreted to expand or limit the City's obligations under Iowa Code Chapter 22. 17.21 Public Communications and Media Inquiries. The parties acknowledge that animal control matters, including cruelty investigations, vicious animal determinations, and euthanasia decisions, may generate significant public and media attention. In order to promote consistent and accurate public communication, the parties agree as follows: Page 13 of 21 Page 1198 of 1281 A. Law Enforcement Matters. When an animal is involved in an active law enforcement investigation, the City shall serve as the primary point of contact for media inquiries relating to the investigation. B. Shelter Operations. DRHS may communicate with the public regarding its general shelter operations, programs, and animal welfare activities. C. Coordination During Sensitive Matters. When feasible, the parties shall confer prior to issuing public statements concerning significant incidents involving animals originating within the City, including but not limited to large cruelty seizures, dangerous or vicious animal incidents, public health concerns, and large-scale euthanasia or disease outbreaks. D. Independence of the Parties. Nothing in this Section 17.21 shall prevent either party from making statements required by law or from communicating factual information to the public regarding matters within its authority. 17.22 Future Community Cat Program Planning. The City and DRHS acknowledge emerging best practices related to Community Cat population management, including SNR and TNR models. During the Term of this Agreement, the parties may, by mutual agreement, engage in non -operational planning activities, including testing pilot areas, information sharing, review of community data, and discussion of policy considerations related to Community Cat management. A. A Community Cat program shall not be implemented under this Agreement, and neither party shall be obligated to perform operational activities related to SNR, TNR, return -to -field, or related practices during the Term, except as the parties may mutually agree regarding pilot areas and testing. B. Any implementation of a Community Cat program shall be by separate agreement. 17.23 Survival. The obligations of the parties contained in Sections 4, 7, 8, 12, 15, and 17 hereof shall survive the termination or expiration of this Agreement. CITY OF DUBUQUE, IOWA DUBUQUE HUMANE SOCIETY d/b/a DUBUQUE REGIONAL HUMANE SOCIETY Brad �M.Cav ag Jay � lr S reside, Q--- ? Mayor Pre�iden & CEO Page 14 of 21 EXHIBIT 1: INSURANCE SCHEDULE Ore o1 Dubuque Lri--e Roqu. -W, for Prafam —n S-- CITY OF DUBUQUE INSURANCE SCHEDULE 1 DRHS shall furnish a signed certificate of insurance to the City of Dubuque. Iowa. for the coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is longer than 60 days Contractors presenting annual certificates shall present a certificate at the end of each project with the final billing. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Department of Insurance or an equivalent approved by the Chief Financial Officer. Each certificate shall include a statement under Description of Operations as to why the certificate was issued. Eg: Protect tt or Project Location at or construction of 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 Aor better in the current A M. 8esfs Rating Guide. 3. Each certificate shall be furnished to the Finance Department. 50 West 13° Street. Dubuque. Iowa 52001 4 Failure to provide coverage required by this Insurance Schedule shall not be deemed a waiver of these requirements by the City of Dubuque Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 5 Contractors shall require all subconsultants and sub-subconsultants to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurances from all such subconsultants and sub-subconsultants. Contractors agree that they shall be liable for the failure of a subconsultant and sub-subconsultant to obtain and maintain such coverages. The City may request a copy of such certificates from the Contractor. 6 All required endorsements shall be attached to certificate of insurance The certificate is duo before the contract/agreement can be approved. 7. Whenever a specific ISO form is fisted. the current edition of the form must be used. or an equivalent form may be substituted if approved by the Chief Financial Officer and subject to the contractor identifying and listing in writing all deviations and exclusions from the ISO form. 8 Contractors shall be required to carry the minimum coverage/limits. or greater if required by law or other legal agreement. in Exhibit I If the contractor's limits of liability are higher than the required minimum limits then the provider's limits shall be this agreement's required limits 9 Contractor shall be responsible for deductibles and self -insured retention for payment of all policy premiums and other cost associated with the insurance policies required below 10. All certificates of insurance must include agents name. phone number. and email address. 11. 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. 12 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 Page 15 of 21 Page 1200 of 1281 Gty of Dubuque :n+uronce Req wre meats for Prot—."ol Servrcet CITY OF DUBUQUE INSURANCE SCHEDULE J (continued) Exhibit I A. COMMERCIAL GENERAL LIABILITY General Aggregate Limit S2.000.000 Products -Completed Operations Aggregate Limit S1.000.000 Personal and Advertising Injury Limit $1.000.000 Each Occurrence S1.000.000 Fire Damage Limit (any one occurrence) $50.000 Medical Payments S5.000 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 from BP 00 02. All deviations from the standard ISO commercial general liability form CG 00 01. or business owners from BP 00 02, shall be clearly identified. 2) Include endorsement indicating that coverage is primary and non-contributory. 3) Include Preservation of Governmental Immunities Endorsement (sample attached). 4) 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 26, 5) Policy shalt include Waiver of Right to Recover from Others Endorsement. 6) Polies shall include cancellation and material change endorsement providing thirty (30) days advance written notice of cancellation, non -renewal, reduction in insurance coverage and/or limits and ten (10) days written notice of non-payment of premium shall be sent to: City of Dubuque, Finance Department, 50 West 13' Street, Dubuque, Iowa 52001. B. AUTOMOBILE LIABILITY Combined Single Limit S1.00D.000 Coverage shall include all owned, non -owned, and hired vehicles. If the Contractor's business does riot own any vehicles, coverage is required on non -owned and hired vehicles. 1) Policy shall include Waiver of Right to Recover from Others Endorsement Page 16 of 21 Page 1201 of 1281 Gty of Dubuque Insurance Rogm ements for Protess+onst $et,ces CITY OF DUBUQUE INSURANCE SCHEDULE 1 (continued) C. WORKERS'COMPENSATION 8 Et•1PLOYERS LIABILITY Statutory benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85 as amended. Coverage A Statutory -State of Iowa Coverage 8 Employers Liability Each Accident S100.0o0 Each Employee - Disease $100.000 PolicyLimit- Disease S500,000 Policy shalt include Waiver of Right to Recover :rom Others endorsement. Coverage B limits shall be greater if required by the Umbrella/Excess Insurer. 0 If. by Iowa Code Section 851.A, the Vendor is not required to purchase Workers' Compensation Insurance, the Vendor shalt have a copy of the State's Nonelection of Workers' Compensation or 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. D. UMBRELLA/EXCESS LIABILITY S1.000,000 The General Liability, Automobile Liability, and Employer's Liability 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 include the same endorsements as required of the primary policies, including, but not limited to. Waiver of Subrogation and Primary Non -Contributory in favor of the City of Dubuque, the Dubuque Regional Airport, and the Dubuque Regional Airport Commission. E PROFESSIONAL LIABILITY $2.000.000 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. Page 17 of 21 Page 1202 of 1281 Crty of Dubuque Insurance ReQwremcots for Nofesuonal Svrv,ces CITY OF DUBUQUE INSURANCE SCHEDULE J (continued) F. CYBER LIABILITY/BREACH $1,000,000 _Yes _No Coverage for First and Third -Party Breach Liability, including but not limited to lost data and restoration, loss of income and cyber breach of information. Page 18 of 21 Page 1203 of 1281 City of Dubuque Insurance Req—ements for Professioeal services CITY OF DUBUQUE SCHEDULE) (continued) Iowa Code Chapter 670. Liability of Governmental Subdivisions, provides cities with certain immunities which may be available to you. Naming the City of Dubuque an additional Insured on your insurance as is requested by this insurance schedule may result in your waiver of those immunities. If you would like to preserve those immunities, please use this endorsement or an equivalent form. The preservation of immunities is for your benefit. 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 Coveragt,-The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense governmental immunity under the Code of Iowa Section 670.4 as 1t 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 anytime and shall do so upon the timely written request of the insurer. 4 Non -Denial of Coverace. 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. S. No Other Change in Policy The above preservation of governmental immunities shall not otherwise change of alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 19 of 21 Page 1204 of 1281 \ \ EXHIBIT 2INFORMAT|ON FORM A 7\ \ f \ ~ ■ � � | § k ) \ % § * w m ! } \ \ \ § � �\ a # 2 ) . n 2 {\ ) �\ 2■7 � ( t }) !! - 2 \ *Q )\ Iproof o current rabies vaccination isnotpm)ded2§mealcns purchase, the license will not b considered purchase until prof G vaccination is provided to Do uP ! 7 Dubuque animal Control. Page 1205 of1281 EXHIBIT 3: DRHS NORMAL BUSINESS & INTERNAL. HOURS OF OPERATION DRHS reserves the right, in its sole discretion, to modify its hours of operation at any time; provided, however, that DRHS shall provide the City with at least fourteen (14) calendar days' prior written notice of any planned changes. NORMAL BUSINESS HOURS OF OPERATION (OPEN TO PUBLIC SCHEDULE): Sunday: 1 pm — 4pm CT Monday: Closed Tuesday: 12pm — 6pm CT Wednesday: 12pm — 6pm CT Thursday: 12pm — 6pm CT Friday: 12pm — 6pm CT Saturday: 11 am — 5pm CT INTERNAL HOURS OF OPERATION (STAFF/OPERATIONAL SCHEDULE): Sunday: lam — 4:30pm CT Monday: 7am — 4pm CT Tuesday: 7am -- 6pm CT Wednesday: 7am — 6pm CT Thursday: 7am — 6pm Ci- Friday: 7am — 6pm CT Saturday: 7am — 5pm CT Page 1206 of 1281