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Workers Compensation Claims Administrative Services Agreement Addendum_ASC Copyrighted November 5, 2018 City of Dubuque Consent Items # 27. ITEM TITLE: Workers Compensation Claims Administrative Services Agreement Addendum SUMMARY: City Manager recommending approval of an Addendum extending the Agreement between the City of Dubuque and Alternative Services Concepts for services related to the administration of the City Workers Compensation Program. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type Addendum to Workers Compensation Claims City Manager Memo Administrati� Services Agreement-NNM Memo Staff Memo Staff Memo Addendum One Supporting Documentation Claims Service Contract Supporting Documentation Insurance Schedule J Supporting Documentation THE CITY OF Dubuque � 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: Approval of an Addendum to the Workers Compensation Claims Administrative Services Agreement DATE: October 30, 2018 Personnel Manager Randy Peck recommends City Council approval of an Addendum to the Agreement between the City of Dubuque and Alternative Services Concepts for services related to the administration of the City Workers Compensation Program. The Addendum extends the current Agreement and is in effect from October 1 , 2018, through December 13, 2018. The reason for a three-month extension is the City is in the process of obtaining proposals for the third-party administration of the Worker's Compensation Program and there is a possibility the City will be changing third-party administrators over the next few months. 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 Randy Peck, Personnel Manager T�T� �iT'�' t�� ���t�� _ �'�.�""' ��.....�,�,,,;� l�F�i6��It�' .. .�.... 3'ivX:P�l.i.$�k:3.�11XLp' . � . . . ,... '� � �� � �� � � � F # 1 f #. • ' �l4iJ"��3Jid ���������� �� ������������� �������� TO: Michael C. Van Milligen, Cifiy Manager FROM: Randy Peck, Personnel Manager � SUBJECT: Approval of an Addendum to the Workers Compensation Claims �, Administrative Services Agreement '�, DATE: October 30, 2018 I!� I received the attached Addendum to the Agreement between the City of Dubuque and Alternative Service Concepts (ASC) for services related to the administration of the City's Workers Compensation Program. The Addendum extends the current Agreement � and is in effecfi from October 1, 2018 through December 13, 2018. The reason for a ' three-month extension of the current agreement i� that we are in the process of , obtaining proposals for fihe third-party administration of our Worker's Compensation � Program and there is a possibility that we will be changing third-party administrators over fihe next few months. The Addendum has been reviewed by the Legal Deparfiment. I request that the City Council pass a motion approving the Addendum and authorize you to sign the I Addendum. ; i i RP/alk � I ASC Alternative Se; Concepts, L ADDENDUM ONE It is hereby understood and agreed that this Addendum attach to and become a part of the Claims Service Contract which took effect on October 1, 2017 between ALTERNATIVE SERVICE CONCEPTS, LLC ("ASC") and CITY OF DUBUQUE, IOWA ("Client"), as though fully repeated and set herein and serve to extend the Contract period through December 31, 2018. "Client" agrees to pay "ASC" a fee of Five Thousand, Nine Hundred and Seventy Dollars ($5,970.00) for the administration of Workers' Compensation claims for October 1, 2018 — December 31, 2018. All other terms, conditions, and agreements contained in said Contract remain in full force and effect. IN WITNESS WHEREOF, "ASC" and "Client" have caused this Addendum to be executed by the person authorized to act in their respective names. ALTERNATIVE SERVICE WITNESS: 446 (celfA BY: TITLE: DATE: Ci Cir ZZ 2641 CITY OF DUBUQUE, IOWA 1 WITNETS DubuqueAddOne/1017 BY: Mich el C. Van Milligen TITLE: City Manager Page 1 07269 ' 1 t ��� � ` �iterr��ti�� �ervic���nc�pts, �.9�C CLAIMS SERVICE CONTRACT THIS AGREEMENT is made and entered inta with an effective date of October 1, 2017 between ALTERNATIVE SERVICE CONCEPTS, LL.C, formed in Delaware, with '� principal offices afi 2501 McGavock Pike, Suifie 802, P.O, Box 305148 Nashville, �'�, Tennessee 37214-1213, hereinafter referred to as "ASC', and CITY OF DUBUQUE, II, IOWA with principal offices in Dubuque, lowa, hereinafter referred to as "Client", I �1/ITNESS: WHEREAS, "ASC" is in the claims service business; and WHEREAS, "Ciient" desires to contract with "ASC" as its claims service company to service the workers' compensation claims of "Client's" arising aut of their facilifiies locafied in Dubuque, lowa. � NOIJI/, TM�R��'oRE, "ASC" and "Cfi�nt" contract as follaws; ' "ASC" AGREES: 1. (a) To review all claims and/or losses reported during fihe term of this Contract which invoive workers' compensation claims against "Cli�nt". (b) To investigate, adjust, settie or resist all such losses and/or claims wifihin the agreed payment authority limifi of Two Thousand Five Hundred Dollars ($2,500). (c) To investigate, adjust, settle or resist all such losses and/or ciaims as are in excess of the agreed payment authority limit of Two Thousand Five Hundred Dollars ($2,500) only with specific prior approval of"Client". (d) Ta repart excess claims to "Client's" excess carrier only if"Client"fu(fills its obligations under "Client Agrees" Section, 4c. 2, To furnish all claim forms necessary for proper claims adminisfiration. 3, To esfiablish claim and/or loss files for each reported claim and/or loss, Such files shall be fihe exclusive property of "Clienfi°. Such files are available for review by "Client" at any reasonable time, with nofiice. 4, To maint�in adequate Automobile Liability, �rrors and Omissions, Fidelity Bond, General Liability, and Workers' Compensation insurance coverage and to maintain insurance as set forfh in the attached Insurance Schedule for Professional Services, 5, To inclemnify, defend �nd hold harmless "Client" with respect to any claims asserted �s � result of any errors, omissions, fiorts, intentional torts or other negligence on fhe Dubuque/10�17 Page 1 07269 I . ' , ��� � Alt�rn��ive Se�v'sc�C��c�pt�, I��,C , part of "ASC" and/or its employees, uniess the complained of actions of "ASC" were taken at the specific direction of "Client", . "CLIENT" AGREES: 1. To make funds available that "ASC' may draw firom at any time and from time to fiime for claim and/or lass payments and for associatecl allocated expense within the ' payment authority limit of Two Thousand Five Hundred Dollars ($2,500) and for I�', claim and/or loss p�yments in excess of fihe payment authority limit of Two Thousand Five Hundred Dollars ($2,500) wifih the prior approval of"Client". 2. To pay "ASC"fees in accordance with the Fee Schedule attached to this Contracfi, 3, To pay "ASC" wifihin thirty (30) days of the ef�ective date af all invoices. All past due involces are subject fio an in�erest penalty of one and one-half percent (1 1/2%) per month, In the event "ASC' brings any �ction or proceeding to recover any p�rt or ail � of an outstanding indebtedness, "ASC" shall be entifiled ta recover as additional � dama es an reasonable �ttorne fees not to exceed fiwenfi � g Y Y y percent (20%) of the � outstanding indebtedness. ! I 4. (a) To pay all Allocafied Loss Expenses in addifiion fio the claim service fee to be I paid to "ASC" as pr�scribed in fihis Contracfi. (b) "Allocated Loss Expenses" shall include but not be limited �o atfiorneys' fees; experts' fees (i,e, engineering, physicians, chemists, etc,); fees for ind�pendenfi medical examinations; witnesses' fees; witnessas' travel expenses; court reporters' fees; tr�nscript fees; the cost of obtaining public records; commercial photographers' fees; �utomobile appraisal or property appraisal fees; medical cost containment services, such as utilizafiion review, provider bill audit, preadmission authorization, hospita) bill audit, �nd medical case management; all outside expense items; extraordinary travel expenses incurred by "ASC° at the request of "Client"; and any other similar fee, cost or expenses associ�ted with the inVestigatian, negotiation, settlement or defense of any claim hereunder or �s required for the collection of subrogation on behalf of"Client", (c) To provide "ASC" with complete copies of all excess policies which apply to the clairns reporfiecl during the Contract period, 5. To relinquish authorifiy to "ASC" in all matters relating to claims service within the agreed payment authority [imit oF Two Thous�nci Five Hundreci Doilars ($2,500). Dubuc�u�/1017 Pac�e 2 07269 • � . ' /�l��,.o ' , �Alt�r��live ��rvsc�C�nc�p�s, L�� 6. To indemnify, defend and hold harmless "ASC" with respect to any ciaims asser�ed as a result of any errors, omissions, torts, intentional torts, or other negligence on the par� of the "City" and/or ifis employees, unless the complained of actions of "City" were taken at the specific direction of"ASC". "ASC" AND "CLIENT" MUTUALLY AGREE AS FOLLOWS: , 1. (a) The term of this Contract is continuous from its effective date for one (1) year. This Confiract may be terminated by either "�SC" or "Client" with cause by providing sixty (60) days' prior written notice by certified mail, (b) In fihe event thafi fihis Contract fi�rminates or expires for any reason "Client" shall have the option; (i) fio have "ASC" handle open files which have been repor�ed for an ; additianal fee based on our prev�ifing annual rate per file. (ii) to have "ASC' refiurn the files to the client, ; ; 2. This Confiract cavers Claim Service for"Client" in the United States of Arnerica, � ; 3. In th� evenfi any one or more of the provislons of this Confiract shall be defiermined to i be invalid or unenforceable by any court or other appropriate authority, the � remainder of this Contract shall continue in full force and efFect, as if said invalld and unenforceable portion had nofi been included in this Contr�ct. 4. This Contract shall be construed and interpreted in accordance wi�h the laws of the sfi�te of lowa. � 5. This Contract represenfis fihe enfiire understanding of "ASC" and "Client" and ( supersedes all prior oral and written communicafiions b�tween "ASC" and "Client" as I to the subject m�tter. Neither this Contracfi nor any provisions of it may be I amended, modified or waived except in writing signed by a duly aufihorized j representative of"ASC' and "Client". ' � 6. The f�ilure or delay of either "ASC' or "Client" to take action with respect to any failure of the other party to observe or perform any of the terms or provisions of this Contract, or with respecf to any default here�inder by such other party, shail not be � I construed as a waiver or oper�te as � waiver of any rights or remedies oP either j "ASC' or "Clienfi" or operate to deprive either "ASC" or "Client" of its righfi to institute ancl maintain any �ction or proceeding which it may deem necess�ry to protect, assert or enforce any such ri�hts or remedies. Dubuque/1017 Page 3 07269 � ' ��to,v ' ' ,� . �►lter���kiv����v9ce �o���pts, 1.L� ���I 7. To not employ a person who has been employed by the other party at any time I during the term of this Confiract, unless the person fio be empioyed shall not have � been employed by fhe other party during the lmmediately preceding six (6) months or unless the hiring party shall have the other party's prior written consent. This pravision shall survive the termination of this Confiract for a period of one (1) year, 8. During the term of this Contract, "ASC" will store closed files for a period of three (3) years from the date of closure, the date of the last payment of benefifis, or the retention requirements of "Client's" carrier. The storage cost is included in the , administrative f�es. Affier the three (3) y�ar period, filss will either be returned to "Client" or destroyed if permitted by Statufie. 9. "ASC" will query �nd firansmit informatlon under MMSEA requirements to CMS, eN VVITiVE�S VlI�iER�OF, "ASC" and °Client" have caused this Contract to b� executed by the person authorized to act in fiheir respective names. , ALTERNATIVE SERVICE CONCE S, LLC . WITNESS: ���,� � gY: TITLE; �d�l; 1/�Sr,�t,��" DATE: `� ��'�) , � CATY OF bUBUQUE, IODUA ; WITNE���-=� -.�;��':'� BY: � '��..�...�--��_.. ( v Michael C, Van Nlilligen TITLE; � City Manager ,.,.�. DATE: ��--��� ! ,/� Dubuque/1017' Page 4 07269 n , ��� i , Alfie�a��tBve ��rvice C�nrepis, I.LC � Alt�rnative S�rvice Concepts, LL� City of Dubuque, lowa October 1, 2017 - Octob�r 'I, 2018 i Two-Year Claims Handling � New Claims i � � � � � I Workers' Compensation � ', MedlcalOnly 4 �1y� � 68� j I Indemnity 20 $780 $15,600 � I Litigation fee TBD $300 + base fee � Run-In Claims I Indemnity TBD $q.50 .__ Medical Only Tgp �5p ___ � Incident Reports� TBD $40 .__ ! C�tastrophic Claimsz TBD --- -_- i i Estimated Minimum Claims Fee $16,280 I � MMSEA-Annual Transmission Fees(lncludes query& submissions) $ 2,100 AccountAdmin(stration Fee $ 3,000 Systems Fee $ 2,500 I , Minimum & Deposit Claims Fee $23,880 i Claims wili be handled for two years from fihe date �he loss is reported fio ,qSC with na additional per claim fee, Any ciaim remaining open after 24 months will be subject to an annual maintenance fee of$450,00 ASC wiil handle the number of claims indicafied for the minimum claims fee, If the fee for i the actual number of claims is more than the minimum claims fee, ASC wiil lnvoice the � client for the difference, The account administr�tion fee will be 7,5% of the claims fee or $3,000, whichever is I greater. The administration fee includes; • Account Setup � New Claim Setup i I �Recorrler!lir clarms systeyic o�rly, �Llust Ge s��ecif7ed ns "I�icirlent"r�t tijyte qf r�epoi�ti�zg, , �Catrestropliic clair�ts•—f1�ty evetit resa�lting if�10 of��i�ore clnifn�it�ts/sarf'fixes>vilC Ge trettted tis t�cntasty�op/�e I llitll GII�L'll�{t8 lf110tLfI�L'/�clrtin� Yrtte for t{te fi�^st.10 clniy�ucnts/sr�f'f%res a�trl uny clai�rr/suf'fr".t over 10 will be � l�illerl rat�a per cl�irit Nrr.te of$350 per�clr�iui. � Dubuque/'10'17 P�ge 5 07269 � ' • ° � �d�9�9 I . � : • �l��:�r��liv� S��vice���ic��t�, �,�.0 : s Client Meetings (�'requency to be Determined) � • Excess Reporting • State Repor�ing � • Storage Fees At the conclusion of the contract, the following options are available for continued handling of open claims; • Negotiated annual fee per ciaim • Claims returned to client Subroqation Pursuit and Recovery All parties will automatically be placed on notice if fihe potential for subrogatlon exists. Pursuit o� subrog�tion will be per�ormed at the client's request, Pursuit of recovery fee is 15% of recovery, � Additional Services and Fees3 ; Client Dat� Transmission.................... ....$2,500 Per Release ' C�rrier Data Transmission,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,������� ,�q.00 Per Rele .,....,... ase � Stafie-Mandated EDI ...................................... .,.,. ......,,..........$3 Per Report/Bill i Computer Compatibie Checks & Electronic Tr�nsfers,,,,,,,,,,,,,,,,,,,,,,,qt Cost ; Dafia Conversion From PriorAdministrator........................................At Cost � On-Line Access (One User) ! Additianai Users...........................................................................No Charg� ; ...................................... .$60 Per User Per ; Reports Produced by Client...............................................................Month ' �I ,No Charge i Report�s Produced by ASC............................. $50 Per Copy ' �� ................................................... i Systems Training .......................... ..,.....,,...,......,..,,. ,.....T&E ($85 Per Hour) Customized Programming .................................................................T&E ($/Hour) I Actuarial Data Requests ............................................................. .$50 Per Hour I ...,.. Travel Over 100 Miles............................1............,......,,....,,,....,. T&E $85 Per Hour � Outside Investigation ........................... ,.,,,,.,..,...,.,.,,,,,,,,,,,,,,,,.,,.,T&E �$85 Per Hour) Medical Cost M�na ement� , I Fee Scheduling................................ . . .28% of Savings I i PPOUsage.............................................................................30% of Savings ' Invoicinc� and Pavment Terms ! I i � Fees will be invoiced annually, Fees are payable upon receipt of the invoice. "ASC" i I reserves the right to charge 1'/Z°/o per month or the maximum legal rate on unpaid balances after 30 days, Allocated Expenses ; � Allocated expenses wiil be charged to fihe claim file and include fees for: � I • Legal services • Professional photographs � • Medic�l records • Experts' / rehabilitation services • Index Bureai.i reporting ' Accident reconstruction J fts t�equtred oj�j�er�uested, �Ylost se��vices rcf•e o��tiofircl, aP�•lcl�t�rfor^�i�Xditiorinl irir��irrged cn��e seNvices is rivail�aGle�rpo�i r^eqarest. � Dubuque/1017 Page 6 072G9 . : , ��� , � �I��rna�iu�;��rvace�;or�c��ts, 9�LC • Architects, contractors o Engineers, chemists • Police, fire, coroner, weather reports • Expert witness statements • Surveillance • Official documents and transcripts ' a Extraordinary travel afi client's request • Courfi reporters 'i � Independent medical examinations, • Managed care li M Rls, etc, i Workers' Comaensatlon Definitions (for billina purpases on per claim fee contractsl Medical On/y Claims- Work-related clairns thafi require medical treatment only. • Subrogation not required • Invesfiigation sufficient to determine ciaim type and compensability a Lost days do not exceed sfiatutory waiting period • No loss notices, captioned reports, client meetings, or settlement authority required • Payments do not exceed $2,500 • Two-point contact made � I IIndemnity Claims -Work-related clalms that involve dis�bility or payment of inedical and i other expenses in excess af $2,500. Claims that require investigation for subrogation i and settlement negofiiations. All claims, regardless of type, will be investigated, evaluated, and adjudlcated ln � accordance with state statutory requiremenfis and cnrporate guidelines. A.LTERN/�1"IVE SIERVICE CONC . T LLC �,_____----��" F WITNESS: /�`��9 �.�'Aa�',�'�,____—_ BY: � ,. TITLE: t� �I�1�n� DATE: r��L��I'� CITI( O�' DUBUQUE, IOWA f r ��--�=---- �''��w� WITNESS� �%<l."�`.�,�'� " BY: �`- � N�ichael C. Van Nlilligen TITLE; City NIa ager �� ��,���� /� DATE: � : , - °- // r i Dubuque/1017 Page 7 0726�J City of Dubuqu� lnsurance Requirements for Professional Services INSURANCE SCHEDULE J � Alternative Services Concepts,LLC 1� shall furnish a signed certificate of insurance to the Cily of Dubuque, towa for the coverage required in Exhibit I pr(or fo commencing wor!<and at the end of the proJecf if the term of worlt is longer than 60 days, Contractors presenfing annual certificates shall present a !, certificate at lhe end of each project with the final billin�, Each certificate shall be prepareci on the most current�1CORD form approved by the lowa Department of Insurance or an equivalent approved by fhe Flnance Direcfor, Each certificate shall Include a statement uncler Qescription of Operations as to why the cerfificate was(ssued, Eg; ProJect# or ProJect Location al or constructlon of 2. All polloies of insurance requlred hereunder shall be�vilh �n insurer authorized lo do business In lowa and all insurers sh�ll liave a rafing of A or better In fhe currenf A,M, Qest's Rating Gulde, 3, Each certlficafe shall b� furnished to the Personnel p�partment of the City of Dubuque, 4, Failure to provide coverage requlrecl by fhis Insurance Schedule shall not be deemed a waiver of those requirements by the City of Dubuque, Failure to obtaln or maintain the requlred Insurance shall be consldered a materlal breach of this agreement. 5, Contractors shall require all subconsultants and sub-subconsultants to obtain ancl malntain cluring fhs performance of worl<Insurance for the coverages describecl in this Insurance Scheclule ancl shall obt�in certific�tes of Insurances from all such subconsultants and sub-subconsultants. Contr�cfors agree that they shall be Ifable for the failure of a subconsultant and sub- subconsultant to obtain and maintafn such cov�rages, The City may request a copy of such '� cerEificates from the Contractor, 6, All requlred endorsements shall be attached to certificate of insurance, {. ' 7, Whenever a specific ISO form is listed, required the current edition of the form must be used, or ! an equivalenf form may be substituted if approved by the Finance Director and subJect to the i contractor ldentifying �nd listing in wrifing all dev(ations and exclusions from the ISO form, '� 8, Contr�ctors shall be required to carry the minimum coverage/lim(ts, or greater ff required by law or other legal agreement, in Exhibif I. If the contraclor's limits of liability are h(gher than tho 'i required minimum limits then fhe provicler's limits shall be thls agreement's requirod Ilmits. ' � I � � Paga 1 of 4 Schedula J Professional Services July 2017 City of Dubuque Insurance Requirements for Professional Services INSURANCC SCHEDULE J (continued) �X�1�h�t•� A} COMMERCIAL G�NERAL LIABILITY General Aggregate Limit $2,000,000 Producfs-Completed Operatlons Aggregafs Lfmit $1,000,000 • Personal and Advertising Injury Limit $1,000,000 Each Occurr�nce $1,OOp,000 Fire Damage Limit(any one occurrence) $50,000 Medical Payments $5,000 i 1) Coverage shall be written on an occurrence, not claims made, form, The general II Ilability coverage shall be written in accord with ISO form CG0001 or business I owners form BP0002,All deviaflons from the standard ISO commercial general Ilabllity form CG 0001,or busfness owners form BP 0002, shall be clearly fdentified, 2) Include ISO endorsement form CG 25 04"Designated Location(s)General Aggregate LImiY'or CG 25 03"Designated Construct(on Project(s)General I Aggregate Llmit" as appropriate. � ' 3) Include endorsement Ind(cating that coveraye is primary and non-contr(butory, 4) Includo Preservation of Governmental Irnmunitles Endorsement. (Sample � attached), , 5) Include an endorsement fhat doletes any fellow�mployee excluslon, � 6) Include acJditional insured endorsement for: ' The City of Dubuque, including all its elected and appointed officials, all its '� employees and volunfeers, all its boards, commissions and/or aufhorit(es and thelr board members, employees and volunteers, Use ISO form CG 2026, 7) Policy shall Include Waiver of Right to Recoaer from Others endorsement. � g) AUTOMOBIL� LIABILITY Combined Single Limit $1,000,000 C) WORKERS' COMPENSATION & EMpLOYERS LIABILITY Statutory benefits covering all employees inJured on the job by accident or disease as prescribed by lowa Code Chapfer 85 as amended, Covera�e� Statufory—State of lowa Coverage B Emplayers L,lab(lity Each Acciclont $100,000 Each Em�loyee-Disa�so $100,000 Policy Lirrit-Disease ;�500,000 Policy shall include Waiver of Right to Recover from Others endorsement, Nonelecfion af Workers' Compensation or Employers' Liability Coverage uncier lo�,va Code sec, 87.22 _yes _form altached J Paye 2 of 4 Schedula J Professional Services July 20'i7 City of Dubuque Insur�nce Requirements for Professional Services INSURANCE SCHEDULE J (continued) I D) UMBRELLA/EXCESS LIABILITY �1,000,000 III Umbrella/excess liability coverage musf be a�least following form with lhe underlying policles 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 X 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. I r•_., � ,` �. ( . '3 �,-�d� Page 3 ef�b Scheclul� J Professional Services July 2017 � City of Dubuque Insurance Requirements for Professfonal Services , PRESERVATION OF GOVERNMENTAL IMMUNITI�S ENDORSEMENT 1, Nonwafver of Governmental Immunitv The insurer expressly agrees and states that the purch�se of this policy and the including of the City of Dubuquo, lowa as an Additional Insured does not waive any of the defenses of governmental immunify available fo the City of Dubuque, lowa under Code of lowa Section 670,4 as It is now exists and as (t may be amended from time to fiir�e, 2, Claims Coveraqe, The Insurer further agrees that this policy of insurance shall cover only those ! j claims not subJect to fhe defense of governmental immunity under the Code of lowa Section 670,4 as it i now exists and as it may be amendecl from fime to time, Those claims not subJect to Code of lowa Secf(on G70,4 shall be covered by tlie terms and conditions of thfs (nsurance policy, � I 3, Assertlon of Government Immunitv The City of Dubuque, lowa shall be responsible for asserting ! � any defense of governmenfal(mmunity, and may do so at any time and shali do so upon the timely wrllten ; request of the insurer, � 4, Non-Denial of Coveraae The Insurer shall not deny coverage under this policy and the insurer � shall not deny any of the rights and benefifs accruing to the City of Dubuque, lowa under this policy for � reasons of governmental immunity unless and until a court of competent Jurisdicfion has ruled In favor of ; � the defense(s)of governmental Immunity asserted by the City of Dubuque, lowa, ; I No Other Chanqe In Policy The above preservafion of governmental (mmunities shall not otherwise � change or alter tho coverage available under the policy, ; I � .�) � � � I DEPARTMENT MA I ( NAGER; F'ILL IN ALL BLANKS AND CHECK BQXES) I 1! p��� � °f`� Scnedule J Profession�l Services July 2017 I