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Project Concern Transit ContracMEMORANDUM November 14, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Project Concern Paratransit Contract - Fiscal Year 2002 Economic Development Director Bill Baum is recommending approval of the Project Concern Paratransit Agreement with KeyLine for the Fiscal Year beginning July 1, 2001 and ending December 31, 2001. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Bill Baum, Economic Development Director Communi~ and Economic Development Dep~mment 50 West 13th Street Dubuque, Iowa 52001-4864 MEMORANDUM November 8, 2001 TO: FR: Subject: Michael C. Van Milligen, City Manager Bill Baum, Economic Development Director Project ConCern Paratransit Contract - FiScal year 2002 INTRODUCTION The purpose of this memorandum is to secure City Council approval of the Project Concern paratransit agreement with KeyLine for the Fiscal Year beginning July 1, 2001 and ending December 31, 2001. DISCUSSION The City is the owner of six mini-buses which are under contract to Project Concern to provide paratransit service for persons with disabilities pursuant to the Americans with Disabilities Act (ADA). This is a continuation of a multi-year program with Project Concern. The terms of the agreement require Project Concern to Operate the mini-buses during the same hours and days as the KeyLine fixed route service. The agreement brings the paratransit System into full compliance with ADA. Under the terms of the agreement, Project Concern is required to insure that the service covered by this agreement will serve only elderly and disabled persons who cannot use the fixed route system. This agreement provides for compensation in amount not to exceed $106,536. In addition, a decelerating administrative fee payment is to be paid to the Agency in the amount of $14,487. Service People Integrity Responsibility Innovation Teamwork RECOMMENDATION All contracts and agreements entered into by the Transit Board are subject to review and approval by the City Council. This agreement has been fully executed by the Transit board and the Project Concern Board of Directors. I would recommend City Council approval of the purchase of services agreement with Project Concern. BUDGET IMPACT The Fiscal Year 2002 budget allocation for the Project Concern operation of the paratmnsit system is $106,536 plus $14,487 for a decelerating administrative fee. ACTION TO BE TAKEN The City Council is requested to approve the purchase of services agreement as executed by the Transit Board. Prepared by: Mark Munson, Transit Division Manager PURCHASE OF SERVICES AGREEMENT THIS AGREEMENT is entered into this 1st day of July, 2001 by and between the City of Dubuque, a municipal corporation, herein called the "City" and Project Concern, Inc., an agency organized and existing under the laws of the State of Iowa, with principal offices in Dubuque, Iowa, herein called the "Agency," for itself, its assigns and successors. WHEREAS, the City has acquired and is the owner of four (4) twelve passenger Collins small buses, one (1) twenty-one passenger Supreme small bus and one (1) four passenger ADA minivan herein called "minibuses," each lift equipped to accommodate wheel chairs, and WHEREAS, the Agency presently operates the minibus service to accommodate the transportation needs of elderly and disabled persons; and WHEREAS, it is deemed to be in the best interest of the City and the Agency to operate, within the Dubuque urban area, the minibuses in order to better serve the transportation needs of elderly and disabled persons. NOT THEREFORE, in consideration of the mutual conditions and covenants contained in this Agreement, the City and the Agency agree as follows: 1. Terms of Agreement This Agreement shall be for the period beginning July 1, 2001 through December 31, 2001. 2. Scope of Service The City agrees to provide the Agency for its use in conjunction with this Agreement at no charge the following described mini- buses: City of Dubuque Vehicle Number 2551 Vehicle Description 1995 Ford Supreme w/lift V.I.N. 1FDKE30M6RHC18615 21 passenger 2552 1996 Ford Minivan w/ramp 2553 2554 2555 2556 w V.I.N. 2FMDA5148TBC311255 6 passenger 1997 Ford Collins w/lift V.I.N. 1FDLE40FOFOVHA39430 14 passenger 1997 Ford Collins w/lift V.I.N. 1 FDLE40F2VHA39431 14 passenger 1997 Ford Collins w/lift V.I.N. 1 FDLE40F4VHA39432 14 passenger 1997 Ford Collins w/lift V.I.N. 1FDLE40F6VHA38251 The Agency agrees to operate the mini-buses over and on demand response routes and on schedules Monday through Saturday, holidays excepted, during the same hours and days as the fixed route service. The Agency shall verify individual to be certified as ADA paratransit eligible to ensure that the service covered by this Agreement will serve elderly and disabled persons who cannot use the fixed route system. The Agency will operate five City-owned buses and one minivan currently in its possession. Compensation The city shall pay to the Agency an amount not to exceed $106,536 which shall constitute complete compensation for all services to be rendered during the term of this Agreement. Such sum shall be paid to the Agency upon receipt from the Agency by the City by the fifth day of each month following the month for which services were provided, of a request for reimbursement in two (2) copies together with a ledger sheet detailing receipts and expenditures and a tabulation detailing delivery of services, all in a form acceptable to the City. All farebox contributions received by the Agency from the operation of the minibus service shall be first deducted from its expenditures before determining the amount due from the City. The Agency agrees to establish and maintain the following cash fare structure: Elderly or Disabled Persons One dollar ($1.00) per person There shall be no reduction of service levels nor any fare increase by the Agency or the City except as permitted by the procedures established in the Fare Increase and Service Changes Process adopted by the City Council for the KeyLine Transit System. Maintenance and Security The Agency agrees to service and maintain the mini-buses in accordance with the manufacturer's recommendations and to make such repairs as to keep the equipment in good operating condition. Upon expiration of this Agreement, or upon termination of the Agreement for any cause, the mini-buses shall be returned by the Agency to the City in the same condition as received, subject to reasonable wear and tear. The Agency shall take reasonable steps to safeguard the mini-buses and take whatever steps are necessary to protect the mini-buses from acts of vandalism or other damage during the term of this Agreement. The Agency shall report all damage to city-owned mini-buses. Transit Operators The Agency shall provide training to all drivers in the following areas: First Aid, CPR, Sensitivity, Lift Operation and Save Driving The Agency shall determine that all personnel who operate the mini- buses possess a valid commercial drivers license (CDL) and that said operators shall have in their possession such CDL licenses when operating the mini-buses. The Agency shall not knowingly permit any operator to operate any such vehicle while such operator's driving privileges have been revoked, canceled, suspended or expired. Privacy of Patrons The Agency shall determine the qualifications of persons utilizing the JARC service and maintain the anonymity and privacy of such persons. 6. Insurance The Agency shall provide general liability, automobile liability and physical damage insurance during the term of this Agreement as shown on the attached Insurance Schedule. The Agency's general liability insurance and automobile insurance shall be provided by the same carrier. The Agency shall immediately notify the City of Dubuque - KeyLine Transit Manager of any accident involving a City of Dubuque owned vehicle. Project Concern drivers shall notify the police in the event of an accident involving another motorist in traffic or when personal injury has occurred. Property damage shall be reported to the Project Concern Supervisor who will immediately notify the City of Dubuque - KeyLine Transit Manager. The agency agrees that the City of Dubuque and its insurer shall have the right to discuss the contents of said report and the circumstances of said accident with Project Concern employees, and said employees shall cooperate with the City and its insurer in the investigation of such accident. Agency personnel shall advise any person who may have a personal injury or property damage claim against the City of Dubuque the arises out of the operation of a city owned vehicle by Project Concern to file a claim with the City at the City Clerk's Office, 1st Floor, city Hall, 1300 Central Avenue, Dubuque, Iowa 52001. The Agency shall indemnify and save harmless the City against any and all claim, losses, judgments, costs and expenses which the City may hereafter suffer, incur, be put to, pay or lay out by reason of the actions of the Agency in carrying out the terms of this Agreement. The Agency shall bond in an amount and upon such terms as are acceptable to the City all of its employees and volunteers who shall in any way whatsoever handle and/or be responsible for the receipt and expenditure of patron contributions and financial assistance payments received from time to time from the City. Records The Agency shall comply with all requirements imposed by the Federal Transit Administration upon the City concerning special requirements of law program requirements and other administrative requirements approved in accordance with Federal Circular A-102. The Agency acknowledges that the mini-buses are made available to the City through a Capital Assistance Grant pursuant to Section 5 of the Urban Mass Transportation Act. of 1964, as amended, and are subject to audit and performance evaluation to insure that the activities relating thereto are pursuant to requirements of the Act. The Agency shall maintain books of account in accordance with accepted accounting standards and practices together with the necessary documentation to support all activities. The Agency shall give the City, Federal Transit Administration and the Comptroller General of the United States, through any authorized representative access to and the right to examine all records, books, papers and documents relating to this Agreement. In addition to the foregoing, the Agency shall maintain the following specific records and provide the City access to such records for review and audit: Time records Requests for reimbursements and supporting documents Purchase orders Delivery of services Service, maintenance and mileage records The Agency shall maintain all records pertaining to the operation of the mini-buses for not less than three years after the end of the federal fiscal year to which they pertain. Compliance with Law The Agency shall at its expense comply with all applicable laws, ordinances and codes of the federal, state and local governments, including but not limited to any applicable laws and regulations that are in effect pursuant to the Americans with Disabilities Act (ADA). The Agency shall comply with all applicable federal, state and local laws and regulations pertaining to wages and hours of employment of personnel. 9. Civil Rights The Agency shall comply with Title VI of the Civil Rights Act of 1964 (P.L 88-352) and in accordance with Title VI of the Act, no person shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Agency receives financial assistance. The Agency shall immediately take measures necessary to effectuate this Agreement. The Agency agrees that routing, scheduling quality of service, frequency of service, age and quality of vehicle assigned to routes, quality of stations serving different, routes and location of routes shall not be determined on the basis of race, color, sex, age, national origin, religion or disability, except as otherwise provided by law. The Agency shall comply with title VI of the Civil Rights Act of 1964 (42 USC), the Iowa Civil Rights Act (Iowa Code Chapter 601A) and City of Dubuque Human Rights Ordinance. In the event the Agency is in noncompliance with the nondiscrimination provisions of this Agreement, the City shall impose such contract sanctions as it or the Federal Transit Administration may determine to be appropriate, including, but no limited to: 1. Withholding payments due the Agency under this Agreement, until the Agency complies, and/or 2. Cancellation, termination or suspension of this Agreement in whole or in part. The Agency agrees that the United States has the right to seek judicial enforcement with regard to any matter arising under the Title VI of the Civil Rights Act of 1964, and regulations implementing such Act. 10. Interest of Members, Officers, or Employees of the City of Dubuque, Members of the Dubuque City Council or Other Public Officials No member, officer or employee of the City, or its designates or agents, no member of the Dubuque City Council and no other public official of the City who exercises any function or responsibilities with respect to the program during such persons' tenure, shall have any interest, direct or indirect, in this contract or the proceeds thereof, for work to be performed in connection with the program assisted under this Agreement. 1 1. Assignment The Agency shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement without the prior written approval of the City. 12. Termination This Agreement may be terminated for any reason by either party giving thirty (30) days notice in writing to the other party. However, the City may terminate this agreement by giving ten (10) days notice in writing for failure of the Agency to comply with any material term of this Agreement. There is no obligation on the part of either party to continue or to renew this Agreement upon its expiration or termination. IN WITNESS WHEREOF, the parties hereto have signed this Agreement in two copies. WITNESS Jeanne Schneider City Clerk Dubuque Transit Trustee Board By: Nancy Go~ley 0y' Chairperson Corporation Board of Directors APPROVED as to legal form this day of ,2001. Barry A, Lindahl Corporation Counsel o o o INSURANCE SCHEDULE B INSURANCE REQUIREMENTS FOR ARTISAN CONTRACTORS OR GENERAL CONTRACTORS TO THE CITY OF DUBUQUE All policies of insurance required hereunder shall be with an insurer authorized to do business in iowa. All insurers shall have a rating of A or better in the current A.M. Best Rating Guide. All policies of insurance required hereunder shall be endorsed to provide a thirty (30) day advanced notice to the City of Dubuque of any cancellation of the policy prior to its expiration date. This endorsement supersedes the standard cancellation statement on the Certificate of Insurance. Contractor shall furnish Certificates of Insurance to the City of Dubuque, Iowa for the coverage required in Paragraph 7. Such certificates shall include copies of the endorsements set forth in Paragraphs 2 and 5 to evidence inclusion in the policy. The contractor shall also be required to provide Certificates of Insurance of all subcontractors, and all subcontractors who perform work or services pursuant to the provisions of this contract. Said certificates shall meet the same insurance requirements as are required of the contractor. Each Certificate of Insurance shall be submitted to the contracting department in the City of Dubuque, iowa prior to commencement of work/service. (The contracting department shall submit the certificate to the Finance Director.) All policies of insurance required in Paragraph 7 shall include the City of Dubuque, Iowa under the attached Additional Insured Endorsement (CG2026) and the attached Governmental Immunities Endorsement. Failure to provide evidence of minimum coverage shall not be deemed a waiver of these requirements by the City of Dubuque. A contractor's failure to obtain or maintain insurance required by this agreement shall be considered a material breach of this agreement. Contractor, subcontractors, and all sub-subcontractors shall be required to carry the following minimum insurance coverages or greater if required by law or other legal agreement: WORKERS COMPENSATION AND EMPLOYERS LIABILITY: The limit of coverage for employer's liability shall be at least $100,000 each accident, $100,000 each employee by disease, and $500,000 policy limit for bodily injury by disease. Policy shall include an endorsement waiving right of recovery against City of Dubuque, Iowa. POLICY NUMSEP,: COMMERCIAL GENERAL L/At~ILITY THIS EHDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAl INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insu~nce provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FART. SCHEDULE Name of Pemen or OrganJT..~tJon: The Cit7 of Dubuque, inciudin~ all its elected and appointed offici-=ls, all its emgloTees and volun=ears, all ics boards, co.~ssions and/or authorities an~ their board members, em~ioyees, and volunteers. (1t' no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) WHO 1S AN INSURED (Section il) is amended to inctude as an insured the person or organization shown in the Scheciute as an insured but only with respect tc liabilib/arising out of your operations or premises owned by or rented to you. CG 20 25 11 85 PURCHASE OF SERVICES AGREEMENT THIS AGREEMENT is entered into this 1st day of July, 2001 by and between the City of Dubuque, a municipal corporation, herein called the "City" and Project Concern, Inc,, an agency organized and existing under the laws of the State of Iowa, with principal offices in Dubuque, Iowa, herein called the "Agency," for itself, its assigns and successors, WHEREAS, the City has acquired and is the owner of four (4) twelve passenger Collins small buses, one (1) twenty-one passenger Supreme small bus and one (1) four passenger ADA minivan herein called "minibuses," each lift equipped to accommodate wheel chairs, and WHEREAS, the Agency presently operates the minibus service to accommodate the transportation needs of elderly and disabled persons; and WHEREAS, it is deemed to be in the best interest of the City and the Agency to operate, within the Dubuque urban area, the minibuses in order to better serve the transportation needs of elderly and disabled persons. NOT THEREFORE, in consideration of the mutual conditions and covenants contained in this Agreement, the City and the Agency agree as follows: Terms of Agreement This Agreement shall be for the period beginning July 1, 2001 through December 31, 2001. Scope of Service The City agrees to provide the Agency for its use in conjunction with this Agreement at no charge the following described mini- buses: City of Dubuque Vehicle Vehicle Number Description 2551 1995 Ford Supreme w/lift V.I·N. 1FDKE30M6RHC18615 21 passenger 2552 1996 Ford Minivan w/ramp 2553 2554 2555 2556 V.I.N. 2FMDA5148TBC311255 6 passenger 1997 Ford Collins w/lift V.I.N. 1 FDLE40FOFOVHA39430 14 passenger 1997 Ford Collins w/lift V.I.N. 1FDLE40F2VHA39431 14 passenger 1997 Ford Collins w/lift V.I.N. 1FDLE40F4VHA39432 14 passenger 1997 Ford Collins w/lift V.I.N. 1FDLE40F6VHA38251 The Agency agrees to operate the mini-buses over and on demand response routes and on schedules Monday through Saturday, holidays excepted, during the same hours and days as the fixed route service. The Agency shall verify individual to be certified as ADA paratransit eligible to ensure that the service covered by this Agreement will serve elderly and disabled persons who cannot use the fixed route system. The Agency will operate five City-owned buses and one minivan currently in its possession. Compensation The city shall pay to the Agency an amount not to exceed (;106,536 which shall constitute complete compensation for all services to be rendered during the term of this Agreement. Such sum shall be paid to the Agency upon receipt from the Agency by the City by the fifth day of each month following the month for which services were provided, of a request for reimbursement in two (2) copies together with a ledger sheet detailing receipts and expenditures and a tabulation detailing delivery of services, all in a form acceptable to the City. All farebox contributions received by the Agency from the operation of the minibus service shall be first deducted from its expenditures before determining the amount due from the City. The Agency agrees to establish and maintain the following cash fare structure: Elderly or Disabled Persons One dollar (91.00) per person There shall be no reduction of service levels nor any fare increase by the Agency or the City except as permitted by the procedures established in the Fare Increase and Service Changes Process adopted by the City Council for the KeyLine Transit System. Maintenance and Security The Agency agrees to service and maintain the mini-buses in accordance with the manufacturer's recommendations and to make such repairs as to keep the equipment in good operating condition. Upon expiration of this Agreement, or upon termination of the Agreement for any cause, the mini-buses shall be returned by the Agency to the City in the same condition as received, subject to reasonable wear and tear. The Agency shall take reasonable steps to safeguard the mini-buses and take whatever steps are necessary to protect the mini-buses from acts of vandalism or other damage during the term of this Agreement. The Agency shall report all damage to city-owned mini-buses. Transit Operators The Agency shall provide training to all drivers in the following areas: First Aid, CPR, Sensitivity, Lift Operation and Save Driving The Agency shall determine that all personnel who operate the mini- buses possess a valid commercial drivers license (CDL) and that said operators shall have in their possession such CDL licenses when operating the mini-buses, The Agency shall not knowingly permit any operator to operate any such vehicle while such operator's driving privileges have been revoked, canceled, suspended or expired, Privacy of Patrons The Agency shall determine the qualifications of persons utilizing the JARC service and maintain the anonymity and privacy of such persons. Insurance The Agency shall provide general liability, automobile liability and physical damage insurance during the term of this Agreement as shown on the attached Insurance Schedule. The Agency's general liability insurance and automobile insurance shall be provided by the same carrier. The Agency shall immediately notify the City of Dubuque - KeyLine Transit Manager of any accident involving a City of Dubuque owned vehicle. Project Concern drivers shall notify the police in the event of an accident involving another motorist in traffic or when personal injury has occurred. Property damage shall be reported to the Project Concern Supervisor who will immediately notify the City of Dubuque - KeyLine Transit Manager. The agency agrees that the City of Dubuque and its insurer shall have the right to discuss the contents of said report and the circumstances of said accident with Project Concern employees, and said employees shall cooperate with the City and its insurer in the investigation of such accident. Agency personnel shall advise any person who may have a personal injury or property damage claim against the City of Dubuque the arises out of the operation of a city owned vehicle by Project Concern to file a claim with the City at the City Clerk's Office, 1st Floor, city Hall, 1300 Central Avenue, Dubuque, Iowa 52001. The Agency shall indemnify and save harmless the City against any and all claim, losses, judgments, costs and expenses which the City may hereafter suffer, incur, be put to, pay or lay out by reason of the actions of the Agency in carrying out the terms of this Agreement. The Agency shall bond in an amount and upon such terms as are acceptable to the City all of its employees and volunteers who shall in any way whatsoever handle and/or be responsible for the receipt and expenditure of patron contributions and financial assistance payments received from time to time from the City. Records The Agency shall comply with all requirements imposed by the Federal Transit Administration upon the City concerning special requirements of law program requirements and other administrative requirements approved in accordance with Federal Circular A-102. The Agency acknowledges that the mini-buses are made available to the City through a Capital Assistance Grant pursuant to Section 5 of the Urban Mass Transportation Act. of 1964, as amended, and are subject to audit and performance evaluation to insure that the activities relating thereto are pursuant to requirements of the Act. The Agency shall maintain books of account in accordance with accepted accounting standards and practices together with the necessary documentation to support all activities. The Agency shall give the City, Federal Transit Administration and the Comptroller General of the United States, through any authorized representative access to and the right to examine all records, books, papers and documents relating to this Agreement. In addition to the foregoing, the Agency shall maintain the following specific records and provide the City access to such records for review and audit: Time records Requests for reimbursements and supporting documents Purchase orders Delivery of services Service, maintenance and mileage records The Agency shall maintain all records pertaining to the operation of the mini-buses for not less than three years after the end of the federal fiscal year to which they pertain. Compliance with Law The Agency shall at its expense comply with all applicable laws, ordinances and codes of the federal, state and local governments, including but not limited to any applicable laws and regulations that are in effect pursuant to the Americans with Disabilities Act (ADA). 10. The Agency shall comply with all applicable federal, state and local laws and regulations pertaining to wages and hours of employment of personnel. Civil Rights The Agency shall comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and in accordance with Title VI of the Act, no person shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Agency receives financial assistance. The Agency shall immediately take measures necessary to effectuate this Agreement. The Agency agrees that routing, scheduling quality of service, frequency of service, age and quality of vehicle assigned to routes, quality of stations serving different, routes and location of routes shall not be determined on the basis of race, color, sex, age, national origin, religion or disability, except as otherwise provided by law. The Agency shall comply with title VI of the Civil Rights Act of 1964 (42 USC), the Iowa Civil Rights Act (Iowa Code Chapter 601A) and City of Dubuque Human Rights Ordinance. In the event the Agency is in noncompliance with the nondiscrimination provisions of this Agreement, the City shall impose such contract sanctions as it or the Federal Transit Administration may determine to be appropriate, including, but no limited to: 1. Withholding payments due the Agency under this Agreement, until the Agency complies, and/or 2. Cancellation, termination or suspension of this Agreement in whole or in part. The Agency agrees that the United States has the right to seek judicial enforcement with regard to any matter arising under the Title VI of the Civil Rights Act of 1964, and regulations implementing such Act. Interest of Members, Officers, or Employees of the City of Dubuque, Members of the Dubuque City Council or Other Public Officials No member, officer or employee of the City, or its designates or agents, no member of the Dubuque City Council and no other public official of the City who exercises any function or responsibilities with respect to the program during such persons' tenure, shall have any interest, direct or indirect, in this contract or the proceeds thereof, for work to be performed in connection with the program assisted under this Agreement. 1 1. Assignment The Agency shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement without the prior written approval of the City. 12. Termination This Agreement may be terminated for any reason by either party giving thirty (30) days notice in writing to the other party. However, the City may terminate this agreement by giving ten {10) days notice in writing for failure of the Agency to comply with any material term of this Agreement. There is no obligation on the part of either party to continue or to renew this Agreement upon its expiration or termination, % IN WITNESS WHEREOF, the parties hereto have signed this Agreement in two copies. WITNESS Jeanne Schneider City Clerk CITY OF DUBUQUE Harry~ ¢:~3e~nis Chairfnan Dubuque Transit Trustee Board By: PROJECT CONCERN, INC. ! Nanc~ourley Chairperson Corporation Board of Directors APPROVED as to legal form this day of ,2001. Barry A. Lindahl Corporation Counsel INSURANCE SCHEDULE B INSURANCE REQUIREMENTS FOR ARTISAN CONTRACTORS OR GENERAL CONTRACTORS TO THE CITY OF DUBUQUE All policies of insurance required hereunder shall be with an insurer authorized to · do business in Iowa. All insurers shall have a rating of A or better in the current A.M. Best Rating Guide. All policies of insurance required hereunder shall be endorsed to provide a thirty (30) day advanced notice to the City of Dubuque of any cancellation of the policy prior to its expiration date. This endorsement supersedes the standard cancellation statement on the Certificate of Insurance. Contractor shall furnish Certificates of Insurance to the City of Dubuque, Iowa for the coverage required in Paragraph 7. Such certificates shall include copies of the endorsements set forth in Paragraphs 2 and 5 to evidence inclusion in the policy. The contractor shall also be required to provide Certificates of Insurance of all subcontractors, and all subcontractors who perform work or services pursuant to the provisions of this contract. Said certificates shall meet the same insurance requirements as are required of the contractor. Each Certificate of Insurance shah be submitted to the contracting department in the City of Dubuque, Iowa prior to commencement of work/service. (The contracting department shall submit the certificate to the Finance Director.) All policies of insurance required in Paragraph 7 shall include the City of Dubuque, Iowa under the attached Additional Insured Endorsement (CG2026) and the attached Governmental Immunities Endorsement. Failure to provide evidence of minimum coverage shall not be deemed a waiver of these requirements by the City of Dubuque. A contractor's failure to obtain or maintain insurance required by this agreement shall be considered a material breach of this agreement. Contractor, subcontractors, and all sub-subcontractors shall be required to carry the following minimum insurance coverages or greater if required by law or other legal agreement: WORKERS COMPENSATION AND EMPLOYERS LIABILITY: The limit of coverage for employer's liability shall be at least $100,000 each accident, $100,000 each employee by disease, and $500,000 policy limit for bodily injury by disease. Policy shall include an endorsement waiving right of recovery against City of Dubuque, Iowa. AUTOMOBILE LIABILITY: Bodily injury and property damage limit of liability: $1,000,000 COMMERCIAL GENERAL LIABILITY: General Aggregate Limit Products-Completed Operation Aggregate Limit Personal and Advertising Injury Limit Each Occurrence Limit Fire Damage Limit (any one occurrence) Medical Payments $ 2,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 $ 5,000 Commercial general liability shall be written on an occurrence form, not a claims made form. Coverage to include premises-operations-products-completed operations, independent contractors coverage, contractual liability, broad form property damage, and personal injury. UMBRELLA OR EXCESS LIABILITY: BONDS: Bid and performance, license, surety * To be determined on a case by case by Finance Director. - POIJCY NUMBER: COMMERCIAL CF-NEPAL L]ABI~/TY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FART. SCHEDULE Name of Pemon or Organization: T~e Cit7 of Dubuque, inc!udin~ all its elect:sd and appointed officials, all its employees and volunteers, all its boards, co~{ssions a~d/or a%[Chori~!es a~ their board members, employees, aad volunteers. (If no entry appears above, informa=ion required to ccmpiete this endorsement will be shown in the DecJarations as applicable to this endorsement.) WHO IS AN INSURED (Section ti) is amended to include as an insured the person or or[;anization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. CITY OF DUBUQUE, IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonw~iver of Governmental Immunity.. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, 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 form time to time. 2. ~JaJEt2J~:ag~ The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immun ty. 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. 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 insurance carrier. Non-Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carrier 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 cour~ 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.