PetData, Inc. - Renewal of Contract for Pet Licensing Copyrighted
July 2, 2018
City of Dubuque Consent Items # 13.
ITEM TITLE: PetData, Inc. - Renewal of Contract for Pet Licensing
Services
SUMMARY: City Manager recommending approval of a contract renewal
with PetData, the company providing pet licensing services
for the City.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Contract with PetData-NNM Memo City Manager Memo
Staff Memo Staff Memo
PetData 2017 Annual Report Supporting Documentation
PetData Agreement 2018 Supporting Documentation
THE CITY OF Dubuque
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AIFA�erlwGh
UB E '�� III►
Masterpiece on the Mississippi Z°°'�w'2
7A13 2017
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Contract with PetData, Inc. for Pet Licensing Services
DATE: June 28, 2018
Public Health Specialist Mary Rose Corrigan is recommending approval of a contract
renewal with PetData, the company providing pet licensing services for the City.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
�� � ���
Mic ael C. Van Milligen��—�
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Mary Rose Corrigan, Public Health Specialist
THE CTTY OF Dubuque
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A14AneneoCiry
DUB E 'iI���A,
Masterpiece on the Mississippi Z°°' Z°'Z
2013 2017
TO: Mike Van Milligen, City Manager
FROM: Mary Rose Corrigan, Public Health Specialist
SUBJECT: Contract with Pet Data, Inc. for Pet Licensing Services
DATE: June 20, 2018
This memorandum presents a contract renewal with PetData, the company providing pet
licensing services for the City.
BACKGROUND
The Health Services Department investigated outsourcing pet license sales in 2007 due
to the incredibly time consuming, cumbersome, and often inefficient system used.
The Health Services Department researched various software packages for pet licensing,
and ultimately contracted with PetData, a firm whose only function is to provide full-
service pet licensing to communities. The first contract in 2007 was last renewed in 2016
and is now due for renewal.
DISCUSSION
PetData continues to provide quality upgrades to their sales and database, along with
providing regular reports, dialog, and improvements on customer service (see attached
2017 report).
The attached contract renewal changes are related to PetData now being able to deposit
license monies directly into the City's bank account. Previously, PetData had a separate
account for the City at their location in Irving, Texas. The other changes suggested by
Assistant City Attorney, Maureen Quann, are general clarifications and updates. The new
agreement does not have any fee increases for PetData.
BUDGETIMPACT
• Since 2007, license revenue has increased by 31% and the number of licenses
sold has increased 26%.
• FY19 projects $161 ,023 in license fees
Pet Licenses Sold
9897 10091 10086
-- 9437 9486
-- ` 9341 �
9055
7990 8675 8370 8190
FY07 FY08 FYQ9 FY10 FY11 FY12 FY13 FY14 FY15 FY16 FY17
$180,000
Pet License Revenue
$ieo,000
$iao,000
$izo,000
$ioo,000
$so,000
$so,000
$ao,000
$zo,000
$o
FY07 FY08 FY09 FY10 FY11 FY12 FY13 FY14 FY15 FY16 FY17
2
City of Dubuque
Pet License Sales & Enforcement
No. %of
Fiscal No. Pet Pet License Repeat Repeat
Year Licenses Sold Citations Issued Offenders Offenders
2008 8675 1181
2009 8370 1164 No records of repeat
2010 8190 1184 offenders
2011 9055 1197
2012 9341 1101 381 35%
2013 9437 1489 511 34%
2014 9486 1153 373 32%
2015 9897 1037 511 49%
2016 10091 1318 547 38%
2017* 10086 1532 152 11%
Licensing Options: By Mail or Online via Credit Card
*Started a new repeat offender list in January 2017
RECOMMENDATION
It is recommended the City Council approve the agreement with PetData for pet licensing
services and authorize the City Manager to sign the agreement.
COUNCIL ACTION
Authorize the City Manager to sign the attached agreement with PetData.
cc Maureen Quann, Assistant City Attorney
3
20 I 7 Annual Report
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Sales By Manth
1,200
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900
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600
300
0
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
LicenseType Breakdown
This chart shows the percentage breakdown of the
primary license types issued during 2017. Some
license types were less than 1% of all licenses
issued and excluded from this chart.
• Unaltered - Dog • Altered - Dog
Altered - Cat
M:1il+��s� �;�� ��s���me�" ServlCe
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AGREEMENT FOR ANIMAL LICENSING SERVICES
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
PETDATA, WC.
This Agreement, dated for reference purposes the day of
2018, is made and entered into by, between, and among the City of Dubuque, lowa (City),
and PetData, Inc., a Texas corporation (Contractor).
SECTION 1. DESCRIPTION OF WORK. For the consideration set forth below,
Contractor agrees to provide to City certain animal licensing services (the Services)
described in Exhibit A, Scope of Services. The Services must be performed in a good
and workmanlike manner.
SECTION 2. OVERSIGHT AND COORDINATION. All Services under this Agreement
must be coordinated under and performed to the reasonable satisfaction of the City
Manager of City or his or her designated representative.
SECTION 3. CONTRACTOR ACKNOWLEDGEMENT. Contractor acknowledges
that, prior to signing this Agreement, Contractor has become acquainted with matters
relating to the pertormance of this Agreement and the terms and conditions of this
Agreement.
SECTION 4. FEES.
4.1 Base Fees. Contractor will receive base fees as follows:
(1) $4.10 per license for a one (1) year license or a replacement tag; $2.00 for
each additional year after year-one if there are multi-year licenses.
(2) $2.50 Collection Service Fee for each late fee collected during the term of
this Agreement, if applicable.
4.2 Postal Surcharqe. Since postage represents a major expense in administering
animal licenses, Contractor has the right to increase its fees an amount that corresponds
to a postal rate increase, if postal rates increase during the Term of this Agreement.
4.3 Additional Service Fees. The following fee(s) only apply if the Services are
requested by City.
(1) If Contractor establishes and/or maintains a separate bank account on
behalf of City, City is responsible for the cost of that bank account. Any bank fees
will be paid directly by Contractor, and City will reimburse Contractor monthly. City
may request copies of the bank account statements at any time, and Contractor
must provide bank statements within three (3) business days after requests are
received by Contractor.
(2) Supply Fee. If City requests changes to supplies which it has previously
approved, City will be responsible for all reasonable costs associated with
changing, replacing, or discontinuing the use of the previously approved supplies.
4.4 Bank Accounts. Licensing fees and any other amounts that are collected by
Contractor for the benefit of City under this Agreement will be deposited into an account
established and maintained by City in its name at a bank or other financial institution (a
City Account).
SECTION 5. CHARGES TO LICENSEES.
The individual applying for the license (Licensee) will be charged the following fees by the
Contractor:
(1) Credit Card Transaction Fees (Paid by licensee, not by City):
A minimum fee of$2.00 per credit card transaction, online or offline, will be
charged to licensee.
(2) Bad Check/Payment Fees (Paid by licensee, not by City):
If Contractor establishes a depository account on behalf of City, Contractor
is entitled to charge a fee of $25.00 to any individual who submits a check
or payment which is not valid.
SECTION 6. ADDITIONS/DELETIONS OF SERVICE. City reserves the right to add
and/or delete services to this Agreement. Should additional services be required, prices
for such additions will be negotiated between Contractor and City. Should a service
requirement be deleted from this Agreement, no adjustments for such deletions will be
made during the Term of this Agreement.
SECTION 7. REPORTS. Within fifteen (15) business days after the end of each
calendar month during the Term hereof, Contractor must submit an animal licensing
summary report to City in a form mutually agreed upon.
SECTION 8. PAYMENT.
8.1 Timely Payment. Within fifteen (15) business days after the end of each calendar
month, Contractor will submit to City an invoice with supporting documentation for the
compensation due Contractor under this Agreement for that calendar month. City will pay
Contractor the invoiced amount by means of check, automated clearing house (ACH)
payment or other form of payment acceptable to Contractor within thirty (30) days after
the date Contractor submits the invoice to City.
2
8.2 Late Payment. Invoices that are not timely paid will, at Contractor's option, bear
interest from the 30th day after the date that Contractor submits the invoice to City until
paid at a rate equal to the lesser of (i) 18°k per annum or (ii) the maximum annual rate of
interest permitted from time to time under applicable law (or if those rates are the same,
then at the rate determined under either clause).
8.3 Submission. Invoices will be submitted electronically to the e-mail address
provided by the City periodically for the submission of invoices or in such other manner
as City may request in writing to Contractor, if such alternate form of submission is
acceptable to Contractor.
8.4 Direct Collections bv Citv. If City collects any animal license fee or any other
amount that is subject to this Agreement directly from a Licensee, veterinarian or source
other than Contractor, City may either forward the amount collected to Contractor within
fifteen (15) business days for deposit into a City Account or retain the amount. In either
event, City must report the amount collected to Contractor so that the fee(s) due to
Contractor hereunder for the amount collected by City may be determined and paid in
accordance with this Agreement.
SECTION 9. TERM. The Term of this Agreement commences on the day of
, 2018 and expires at midnight on the 30th day of June, 2020, unless
this Agreement is sooner terminated in accordance with the other provisions of this
Agreement.
SECTION 10. INFORMATION TO BE PROVIDED BY CITY. Contractor requires that
City provide it with certain supplies, data, feedback, process information, and approvals
for such items as form designs (Deliverables) for Contractor to begin servicing this
Agreement in a timely manner. Contractor requests that the Deliverables be provided as
soon as possible after the date the Agreement is signed or the date the Agreement
receives final approval as necessary. Any delays in providing Deliverables will result in
delays in implementing this Agreement. Regardless of any delays, City will be required
to adhere to all terms of the Agreement, including the payment to Contractor for the
processing of all licenses including those at its own shelters or by its agents, during the
term of the Agreement. Representations made in Exhibit A, Scope of Services, regarding
processing time for data entry and tag mailings begins thirty (30) days after all
Deliverables have been provided to Contractor.
SECTION 11. PERMITS. Contractor must obtain the necessary permit(s), if any,
required by City for the performance of the Services. City agrees to provide Contractor
with a list of any and all such permits and to work with Contractor in good faith to aid it in
obtaining any such permits in a timely fashion.
SECTION 12. DATA OWNERSHIP AND DATA TRANSFER.
12.1 Contractor agrees that animal licensing data at all times belongs to City and that
3
at no point in time does Contractor ever own the data. Contractor agrees that it will not
use personal data collected on behalf of City for any purposes other than those described
in the Scope of Services unless specifically directed by City. Furthermore, Contractor
specifically agrees that it will never sell, transfer, or release personal data it has collected
in fulfilling the terms of this Agreement to a third party. Additionally, Contractor agrees
that any intentional sale, transfer, or release of animal licensing data represents an event
of default and City has the right to terminate this Agreement immediately. Finally,
Contractor agrees to return and/or transfer all animal licensing data to City in a timely
manner at the completion of the final term of this Agreement.
12.2 Contractor will provide licensing data to City in an agreed-upon format.
SECTION 13. INDEMNITY. Contractor agrees to defend, indemnify, and hold City, and
their officers, agents, and employees, harmless against any and all claims, lawsuits,
judgments, costs, and expenses for personal injury (including death), property damage,
or other harm for which recovery of damages is sought, suffered by any person or
persons, that may arise out of or be occasioned by Contractor's negligence, willful
misconduct, or strict liability in the performance of the Services. The provisions of this
Section 13 are solely for the benefit of the parties hereto and not intended to create or
grant any rights, contractual or otherwise, to any other person or entity.
SECTION 14. COMPLIANCE WITH LAW. Contractor must, during the performance of
the Services, comply with all applicable federal, state, and local laws, codes, and
ordinances.
SECTION 15. INSURANCE REQUIREMENTS. Contractor must procure, pay for, and
maintain insurance during the term of this Agreement as set forth in the attached
Insurance Schedule.
SECTION 16. ASSIGNMENT. Contractor may not sell, assign, transfer, or convey this
Agreement, in whole or in part, without the prior written consent of City; and as a condition
of such consent, Contractor must agree to remain liable for completion of the Services in
the event of default by the successor contractor or assignee.
SECTION 17. TERMINATION. Either party may, at its option and without prejudice to
any other remedy it may be entitled to by law or in equity, or elsewhere under this
Agreement, terminate this Agreement, with or without cause, provided it gives the other
party not less than ninety (90) days written notice.
SECTION 18. UNFORSEEN CIRCUMSTANCES. Contractor is not responsible for any
delay or omission caused by natural disaster, war, civil disturbance, labor dispute, or other
cause beyond Contractor's reasonable control, provided Contractor gives written notice
to City of the cause of the delay or omission within ten (10) days after the occurrence of
the event causing such delay or omission.
4
SECTION 19. NOTICES. Any notice, payment, statement, or demand required or
permitted to be given hereunder by either party to the other parties may be affected by
personal delivery or by regular mail, postage prepaid. Mailed notices must be addressed
to the parties at the addresses below, but each party may change its address by written
notice in accordance with this section. Mailed notices will be deemed delivered three (3)
days after mailing.
Notices for City must be addressed to: City Manager
Dubuque, lowa
City Hall
50 W. 13�h Street
Dubuque, lA 52001-4764
Notices for Contractor must be addressed to: Chris Richey, President
PetData, Inc.
PO Box 141929
Irving, TX 75014-1929
SECTION 20. MISCELLANEOUS.
20.1 Governinq Law. This Agreement is governed by and construed in accordance with
the laws of the State of lowa.
20.2 Entire Aqreement. This Agreement embodies the complete agreement of the
parties hereto, superseding all oral or written previous and contemporary agreements
between the parties relating to matters herein; and except as otherwise provided herein,
cannot be modified without the written agreement of the parties.
20.3 Severability. In case any one or more of the provisions contained in this
Agreement for any reason is held to be invalid, illegal, or unenforceable in any respect,
such invalidity, illegality, or unenforceability will not affect any other provision thereof and
this Agreement will be considered as if such invalid, illegal, or unenforceable provision
had never been contained in this Agreement.
20.4 Successors and Assiqns. This Agreement is binding upon and insure to the benefit
of the parties hereto and their respective heirs, executors, administrators, successors
and, except as otherwise provided in this Agreement, their assigns.
20.5 Captions. The captions to the various clauses of this Agreement are for
information purposes only and do not alter the substance of the terms and conditions of
this Agreement.
20.6 Authorization. Each of the parties represents and warrants to the other that this
Agreement has been duly authorized by all necessary corporate or governmental action
on the part of the representing party and that this Agreement is fully binding on such party.
5
AGREEMENT FOR ANIMAL LICENSING SERVICES
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
PETDATA, INC.
This Agreement, dated for reference purposes the day of ;di
2018, is made and entered into by, between, and among the City of 1;abuquef Iowa (City),
and PetData, Inc., a Texas corporation (Contractor).
SECTION 1. DESCRIPTION OF WORK. For the consideration set forth below,
Contractor agrees to provide to City certain animal licensing services (the Services)
described in Exhibit A, Scope of Services. The Services must be performed in a good
and workmanlike manner.
SECTION 2. OVERSIGHT AND COORDINATION. All Services under this Agreement
must be coordinated under and performed to the reasonable satisfaction of the City
Manager of City or his or her designated representative.
SECTION 3. CONTRACTOR ACKNOWLEDGEMENT. Contractor acknowledges
that, prior to signing this Agreement, Contractor has become acquainted with matters
relating to the performance of this Agreement and the terms and conditions of this
Agreement.
SECTION 4. FEES.
4.1 Base Fees. Contractor will receive base fees as follows:
(1) $4.10 per license for a one (1) year license or a replacement tag; $2.00 for
each additional year after year -one if there are multi-year licenses.
(2) $2.50 Collection Service Fee for each late fee collected during the term of
this Agreement, if applicable.
4.2 Postal Surcharge. Since postage represents a major expense in administering
animal licenses, Contractor has the right to increase its fees an amount that corresponds
to a postal rate increase, if postal rates increase during the Term of this Agreement.
4.3 Additional Service Fees. The following fee(s) only apply if the Services are
requested by City.
(1) If Contractor establishes and/or maintains a separate bank account on
behalf of City, City is responsible for the cost of that bank account. Any bank fees
will be paid directly by Contractor, and City will reimburse Contractor monthly. City
may request copies of the bank account statements at any time, and Contractor
20.7 Counterparts. This Agreement may be executed in any number of counterparts,
each of which will be deemed an original and all of which together will constitute one and
the same instrument.
CITY OF DUBUQUE, IOWA
PETDATA, INC.
By: By:
• Michael C. V n Milligen Chris Richey, President
City Manager
EXHIBIT A — SCOPE OF SERVICES
All services described herein apply to animals in the City of Dubuque. Contractor will:
1 . Deposit, or transmit for deposit, all receipts collected for license fees, except
those payments made via credit card, into a City account. If Contractor collects
any payments due to the City from Licensees via credit card transactions that are
paid to Contractor, those payments will be deposited, or transmitted for deposit,
into a City account within fifteen (15) business days after the end of the calendar
month in which collected.
2. Provide veterinarians and other authorized registrars with reasonable
quantities of supplies (reporting forms, vaccination certificates, citizen mailing
envelopes, etc.) necessary to sell license tags and/or report information on citizens
vaccinating their animals against rabies to the Animal License Program. Supplies
are to be printed in one color with the design and layout to be determined by
Contractor.
PLEASE NOTE: Contractor will purchase tags, with City approval, and will send
itemized invoice to the City for payment.
3. If veterinarians are authorized to sell licenses, track monthly vaccination
and/or sales reports from all veterinarians participating in animal licensing program
and provide this information to City as requested. Furthermore, Contractor will
communicate directly with veterinarians as requested by City.
4. Enter all new and renewal licenses into Contractor's proprietary database
provided that all information has been submitted to Contractor in a complete and
accurate format.
5. Process and mail license tags within ten (10) business days after receipt of
the licensing payment and complete documentation as required by local ordinance.
6. Issue replacement tags to citizens whose license tags have been lost,
stolen, or damaged.
7. Process rabies vaccination certificates on behalf of City and mail notices to
those pet owners who vaccinated their pet(s) against rabies but did not purchase
license(s). [NOTE: Rabies vaccination data is owned by the City, not by Contractor.
At no time can Contractor ever make the data available to the public or to any third
party without the prior written consent of City.]
8. Provide a monthly report of animals licensed. Format of report is to be
mutually agreed upon.
7
9. Provide statistical reports as requested within a timely manner. Depending
on the information requested, Contractor can provide most reports within five (5)
business days.
10. Respond to and communicate with animal control officer inquiries or animal
owners' requests in a timely fashion.
11 . Communicate with citizens by phone, mail, or email as needed.
12. Comply with all state and local laws governing animal licensing.
13. Periodically review the City's databases for errors and duplications and
make appropriate corrections.
8
City of Duhuque lnsuranse Requieements for Professional Services
INSURANCE SGHEDULE J
1, shall furnish a signed certifieate of insurance to-'the Cityof Dubuque, lowa for
the coverage required in Exhibit I pr�or to commeneing cvork and at the end of tlie pro�ect if'the
term ofivork is longer than 6�days: Contractors presenting annual eertificates shall present a
certifieate at the et�d c�f each pro�ect with the final btllingl Each certiftcate shall he prepa�ed�in
the most currentACORD form approved by the lo�va Department of Insueance or an equivalent
approved by the Finance Di�ector Each certifieate shall include a statement under Description of
Operations as to�vhy the eartificate�vas issued. Eg Project# or Project Loeation at
or construction of
2. All palicies of insuYance required he[eunder shall be witlian insurer authorized'to do business in
lowa and all insurers shall have a rating of A or kietter in the current A;M Best's Rating Guide.
3. Each eertificate stiall be furnished to tlie Department of the City of Dubuque.
4. FailuYe to provide-coverage required by this Insurance 5ehedule stiall not be deemed a waiver of
these requirements by the'City of Dubuque. Failure to obtain or maintain the required insurance
shall be eonsidered a material breach af this agreement.
5. Contractors shall'require al'I subconsultants and sub subconsultants to obtain and maintain during
the perforrnance of work insurance foCthe coverages desecibed in this Insurance Schedula and
shall obtain certificates of insurances fcom all such subconsultants and sub subcansultants.
Contractors agree that they shall be,iiable for the,failure of,a subconsultant and sub-
subconsultant to-obtain and maintain such coverages. Tlie City may request a capy af sucFi
cartificates from the Contractor.
6, All required endarsementS shall be attached tc certifieate of insurance,
7. Whenever a specific ISO fo�m is hsted, required the current edition of;the form must be used, or
an equivalent form rnay be substituted if approved by the'Finance Director and sub�ect to tfie
contractor identifying and listing in writing all deviatians and exclusions frorn ttie IS0 farm.
S, Contra�tors shail be required to carry�'the minimum cove��qeflimits, or greater if required by law
ar ather legal agreement,in EkhiLiit�C If the cantractar's fimits of lia�}ifity are higkier than the
requieed minirnu�i�limits tfr2rt the provAder s limits shall be this agreerrtent s requ]Yed limits�.
Page 1 of 4 Scliedule J Professional Services November 2Q17
9
City of Dubuque lnsurance Requirements for'Professional 5ervices
INSURANCE SCHEDULE J (continued)
Exhibitr f
A) COMMERGIAL GENERAL LIABILITY
General Aggregate LimiY' $2 000;��0
Products-Gompleted Operations Aggregate Limit $1 000;��0
PersonaP and Advertising In�ury Limit $1 000;��0
Each Occurrence $1 000;��0
Fire Damage Limit(any one occurrence)j $50;0�0
Medical Payments $5;0��
1) 'Coverageshali be written on an occurrence not ciaims made,form The general
liability caverage shall be written in accord with ISO form CG0001 or business
oinmers form BP0002. All deviations fram the standard ISO commercial general
liabdity form CG 0001,,or lausiness awners form BP 0002 shall be clearly
identified':
2) Include ISO endorsement form GG 25 04 `Designated Location(s) Gene�al
AggregateLimit or CG 25 03"Designated'Construction Pro�ecf:(s)Gene�al
Aggregate Limit as appropnate.
3) Include endorsement indicating tliat coverage is pnmary and non-contributory.
4) Include Preservation of Governmental Immunities Endorsement: (Sample
attached).
5) tnclude addifional insuted endorsement fo�:
� The City of Qubuque,including all its elected and appointed officials all if��
employees and volutiteers, all its boards, Commjssioiis and/or authorRies and
tlieir board members, employees and volunteers Use ISO form CG 2D26.
6j Policy shall include Waiver of Right to Recover from Others endorsement.
Ba AUTOMOBILELIABILITY
Combined Single Limit $1 OQ0;000
C} WORKERS'COMPENSATION & EMPLOYERS LIABILITY
Statutory benefits covering all employees in�ured on the�ob by accidenYor disease as
prescnbed by lo�va Gode Chapter 85 as amended:
Coverage A Statutory—State of lowa
Coverage B Employers Liability
EactiAccident $iQQ;000
Eacti Employee-0isease $iQQ;000
Policy Limit Disease �500,000
Palicyshall includerWaiver of F�ight to Reoouer�fram Others endorsement.
Nonelection of Workers'Gompensabon or Employers Lial�ility Coverage under lowa
Code sec. 87 22
yes form attaclied
Page 2 of 4 Schedule J Ptofe&sional Services No�ember 2017
10
City of Dubuque Insurance Requirements for Professional Services
INSURANCE SCHEDULE J (continued)
D) UMBRELLAlEXCESS LIABILITY $1,000,000
Umbrella/excess liability coverage must be at least following form with the underlying
policies included herein.
E) PROFESSIONAL LIABILITY $1,000,000
Provide evidence of coverage for 5 years after completion of project.
F) CYBER LIABILITY $1,000,000
_yes _no
Coverage for First and Third Party liability including but not limited to lost data and
restoration, loss of income and cyber breach of information.
Page 3 of 4 Schedule J Professional Services November 2017
11
City of Dubuque lnsurance Requirements for P[afessianal Services
PRESERV,4TION QF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Gouemmental Immunitv. The msu[er express4y agrees and states that the purchase
of this pohcy and the includmg of the City of Dubuque loinra as an Additianal Insured does not+niaive any
of the defensesof goverrimental imr�unity auallable to the City of pubuque Ipwa under Gode of 4owa
Sect[on 670 4 as it is now�exists ai�d as it�nay be ame�ided feam tirt7e to time;
2. Claims Goveraqe. The insu�ee further�agrees that�this pali�y af insurance shall �Uver only thoae��
claims not sub�ect to the defense of governmental immunity under tFie Code af lo�^da Section 670.4 as it
now exists and as it may be amended feam time to time, Those claims nat subject to Code af lov�ra
Section 670 4 shall be covered by the terms and conditions of this insurance palicy.
3. Assartibn of Government Immunitv The City of Dubuque lovsa shall be eesponsible for asserting
any defense of governmental immunity, and may do so at any time and shall do so upon the timely�nmtten
request of the insuree.
4. Non-Denial of Cbveraqe. The insueee shall not deny coverage undee this pohcy and the msu[er
shaG`not deny any of the rights and benefits accruing tothe City of Dubuque; locroa unde�this policyfior
reasgns of go�r�enmental immurnty unless and until a court of competent�unsdict�on has��uled in favor oT�
the defen5e(s) of govemmental immunity asserted by the City of Dubuque, lowa.
No Other Chanqe in Policv The akiove preseniation of gouemmental immunities shall not otherwise
change or alter the coverage auailable under the policy.
SPE�IMEl�T
(DEPARTMENT MANAGER: FILL IN ALL BLANKS AND GHECK BOXES)
Page 4 of 4 Schedule J Professional Services November 2017
12