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Approval of an Addendum to the Workers Compensation Claims Administrative Services Agreement Copyrighted June 17, 2019 City of Dubuque Consent Items # 10. ITEM TITLE: Approval of anAddendum to the Workers Compensation Claims Administrative Services Agreement SUMMARY: City Manager recommending approval of anAddendum to the Agreement between the City of Dubuque and Alternative Service Concepts for services related to the administration of the City's Worker's Compensation P rog ram. SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Approve ATTACHMENTS: Description Type Addendum to Workers Compensation Claims City Manager Memo Administrati� Services Agreement-MVM Memo Staff Memo Staff Memo Addendum Four 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: June 10, 2019 Human Resources Director Randy Peck recommends City Council approval of an Addendum to the Agreement between the City of Dubuque and Alternative Service Concepts for services related to the administration of the City's Worker's Compensation Program. The Addendum extends the current Agreement and is in effect from June 1 , 2019, to June 30, 2019. I concur with the recommendation and respectfully request Mayor and City Council approval. �L;� 1��, ���,�� 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, Human Resources Director �'�I���TT� �t�' _ ��1��+��� __. _.... _ _ �Ik�`� _ _ __ __ _ __ �,�:�,_����.� � _ � ��� � � ��1 , � . . . ������� 1����'�'�2��� t��"t �`,��.����������� ��.�t���� TO: Michael C. Van Milligen, City Manager FROM: Randy Peck, Human Resources Director SUBJECT: Approval of an Addendum to the Workers Compensation Claims Administrative Services Agreement DATE: May 31, 2019 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 effect from June 1, 2019, to June 30, 2019. The reason for the extension of the ' current agreement is that we are in the process of reviewing proposals for the third� ', party administration of our Worker's Compensation Program and there is a possibility ', that we will be changing third-party administrators over the next few months. j I request that the City Council pass a motion approving the Addendum and authorize II you to sign the Addendum. RP/alk � � ( ASC Alternative Service Concepts, LLC ADDENDUM FOUR 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 June 30, 2019. "Client" agrees to pay "ASC" a fee of One Thousand, Nine Hundred and Ninety Dollars and Zero Cents ($1,990.00) for the administration of Workers' Compensation claims for June 1, 2019 — June 30, 2019. 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 +► r NC PTS, L WITNESS: / d- BY: TITLE: DATE: 6-21-6 CITY OF DUBUQUE, IOWA BY: Mic el C. Van Milligen TITLE: City Manager DATE: DubuqueAddPour/1017 Page 1 07289 a `,,. �* t 1 9�� I � �,ltern�ti�� �ervic�Canc�pt5, �9�C � CILAIMS SERViCE CONTRACT TMIS AGREEMENT is made and entered into with an effective date of October 1, 2017 befiween ALTERNA7IVE SERVICE CONCEPTS, L,LC, formed in Delaware, with principal offices at 2501 McGavoc{< Pike, Suite 802, P.O, Box 305148 Nashville, Tennessee 37214-1213, hereinafter referred to as "ASC', and CITY oF DUBUQUE, IOWA with principal of�ices in Dubuque, lowa, hereinafter referred to as "Client". �NlTNESS: WHER�EAS, "ASC" is in the claims service business; and WHEREAS, "Ciient" desires to contract with "ASC' as its ciaims service company to service the workers' compensation ciaims of "Client's" arising out of their facilifiies ', located in Dubuque, lowa. � NOW, THEREFORE, "ASC' and "Clienfi" contracf as follaws; I "ASC" AGREE.S: II 1. (a) To review ali claims and/or losses reported during the term of this Contract I which involve workers' compensation claims againsfi "Cli�nt". (b) To invesfiigate, �djust, settie or resist all such losses and/or claims within fihe agreed payment authority limifi of Two Thousand Five Hundred Dollars � ($2,500). (c) Ta investigate, adjust, settle or resist all such losses and/or claims as are in � excess of the agreed payment authority limit of Two Thousand Five Hundred Dollars ($2,500) only with specific prior approval af"Client", (d) To repor� �xcess claims to "Clienfi's" excess carrier only if "Client" fulfills its obligations �mder"Client Agrees" Section, 4c. 2, To furnish all cl�im forms necessary for proper claims adminisfiration, 3, To estabiish claim and/or �oss files for each reported claim and/or loss, Such files shail be the exclusive property of "Clienfi". Such files are available for review by "Clienfi" at any reasonable time, with notice. 4. To maint�in adequ�te Automobile Liabi(ity, Errors and Omissions, Fidelity Bond, General Liability, and Workers' Compensation insurance coverage and to maintain insurance as set forth in �he attached Insurance Schedule for Professional Services. 5. To indemnify, defend and hold harmless "Client" with respect to any claims asserted as � result of any errors, omissions, torts, intenfiional torts or other negligence on fhe Dubuque/1017 Page1 07269 . .. ' ' ��� � � � A1t�rr��tiv���rvac� C�nr�pt�, ��C par� of "ASC" and/or its employees, unless 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 from at any time and from time to time for ciaim and/or loss payments and for associatecf allocated expense within the payment authorify limit of Two Thous�nd Five Hundred Dollars ($2,500) and for claim and/or loss payments in excess of the payment aufihority limit of Two Thousand Five Hundred Dollars ($2,500) with the prior approvai of"Client". 2. To pay "ASC"fees in accordance with fihe Fee Schedule attached to this Contract, 3, To pay "ASC" within thirty (30) days of the effective date of ali invoices. All past due invoices are subject fio an interesfi penalty of one and one-half percenfi (1 1/2%) per monfih. In the event "ASC" brings any �ction or proceeding to recover any p�rt or all of an outstanding indebfiedness, "ASC' shall be entitled ta recover as additional damac�es any reasonable afitorney fees not to exceed fiwenfiy percent (20%) of the outsfianding indebtedness. 4, (a) To pay all Allocafied Loss Expenses in addition fio the claim service fee to be paid to "ASC" as prescribed in this Contract. (b) "Allocated Loss Expenses" shall include bufi not be limited to attorneys' fees; experts' fees (i,e, engineering, physicians, chemists, etc.); fees for independent medical examinations; witnesses' fees; witnesses' travel expenses; court reporters' fees; firanscript fees; the cost of obtaining public records; commercial photographers' fees; automobile appraisal or property appraisal fees; medical cost cantainment services, such as utilization review, provider bill audit, ', preadmission authorix�tion, haspital bill audit, �nd medical case management; �� all outside expense items; extraordinary travel expenses incurred by "ASC' afi I the request of "Client"; and any other similar f�e, cost or expenses associated with the inVestigation, negotiation, settlement or defense of any claim hereunder or as required for the collecfiion of subrogation on behaif of"Client". (c) To pravide "ASC" with cornplete copies of all excess poficies which apply to the claims reportecl during the Contract period. 5. To relinquish autharity to "ASC' in �II matters relating to claims service within th� agreecf p�yment authority limit oP Two Thousand Five Hundrecf Doii�rs ($2,500). Dubuque/1017 P�ge 2 07269 � � , � ' ��� � ' , �Alt�r��live ��rvs�� C��c�p�s, L�.� 6. To indemnify, defend and hold harmless "ASC" with respect fio any claims asserted as a result of any errors, omissions, torts, intentional fiorts, or other negligence on the part of the "City" and/or its employees, uniess the complained af actions of "City" were taken afi the specific direction of"ASC". "ASC" AND "CLIENT" MUTUAL.LY AGREE AS FOLLOWS; , 1. (a) The term of this Contract is continuous frorn its effective date for one (1) year. This Contract may be terminated by either "ASC' or "Clienfi" with cause by providing sixty (60) days' prior written notice by certified mail, (b) In the event that this Contract fi�rminates or expires for any reason "Ciient" shall have fihe opfiion: (i) to have "ASC" handle open files which have b�en reported for an � additional fee based on our prev�iling annual rate per file. (ii) to have "ASC' return the files to the clienfi. � � 2. This Contract covers Claim Service for"Client" in the Unified Sfiates of Arnerica, � i 3. In the evenfi any one or more of the provisions of this Contract shafl be defiermined to i be invalid or unenforceable by any court or other appropriate authorifiy, the i remainder of this Contract shail confiinue in full force and efFect, as if said invalid and unenforceable portion h�d not been includecf in fihis Contract. 4. This Contract shall be consfirued and interpreted in accordance with the laws of fihe state of lowa. � 5. This Contract represents fihe enfiire understanding of "ASC" and "Client" and supersedes all prior oral and written communications between "ASC" and "Client" as , to the subject matter. Neither this Contract nor any provisions of it may be � , amended, modified or w�ived except in writing signed by a duly aufihorized i ' representative of"ASC' and °Client". ' , 6, The failure or delay of either "ASC' or "Client" to take action with respect fio any I failure of the other p�rty to observe or perForm any of the terms or provisions of this Contract, or with respect to �ny def�uit here�mder by such other party, shall not be ; construed as a waiver or operate as a w�iver of any rights or remedies of eifiher I i "ASC" or "Client" or operate to deprive either "ASC" or "Client" of its righfi to instltute and maintain any �ction or proceeding which it m�y deem necess�ry to protect, assert or enforce any such ri�hts or remedies, Dubuque/1017 P�ge 3 072G9 ' ��� ' ,� . ,ABfiern��tiv����v3c��or���p�s, L.L� 7. To not employ a person who has been employed by the other party at any time during the term of fihis Confiract, unless the person to be employed shall not have been employed by the ofiher party during the immediately preceding six (6) months or unless the hiring party shall have fihe other party's prior written consent, This pravision shall survive the termination of this Contract for a period of one (1) year. 8. During the term of fihis Contracfi, "ASC" will store closed files for a period of three (3) years from the date of closure, the date of the last paymenfi of benefits, or the retention requirements of "Client's" carrier. The storage cost is included in the ; administr�tive fees, After the three (3) y�ar period, files will either be refiurned to °Client" or destroyed if permitted by Sfiatufie. 9. "ASC" will query and firansmit information under MMSEA requirements to CMS, '� � '� 96V IM9TNESS �11H�R�OF, "ASC' and "Client" have caused this Contrac II� � to be , executed by the person authorized fio act in fih�ir respective names. • I ALTERNATIVE SERVICE CONC� S, LLC r WITNESS: i'�� r � BY: TITLE; �b� �i�Sr,���� DATE: l��'I�1'��) �, CITY OF' DUBUQUE, IOWA � � - �,��`�'�`�� �'�..W..�-w„_ WITNE�:�-=: � � ,� BY: � 4 Mic ael C. Van Milligen TITLE; City Manager �� DATE: ����'� � /� Dubuque/1017 P�ge 4 0726�J ,� ' ' ��� ; � . /�Ifier�a�ive ��rvice �;oncepis, L,I..0 ' Alternative Service Concepts, LLC City o� Dubuque, lowa Octobar 1, 2017 - Oc�ober '1, 2098 ; Two-Year Ciaims Handling � New Claims ! ; � � � o � � I Workers' Compensation � MedicalOnly 4 $170 $ 680 � Indemnity 20 $780 $15,600 � � Litigation fee TBD $300 + base fee I Run-In Claims I Indemnity TBD $q.50 .__ Medical Only TBp $50 ___ � Inciclent ReportsT TBD $40 . _ I Catastrophic Claims2 TBD -__ _._ I ! � I Estimated Minimum Claims Fee $16,280 I � MMSEA-Annual Transmission Fees(lncludes query& submissions) $ 2,100 Account Adm(nisfration Fee $ 3,000 Systems Fee $ 2,500 i � Minimum &Deposit Claims Fee $23,880 i Claims will be handled for two years from the date the loss is reported to ASC with no additional per claim fee, Any claim remaining open after 24 months wiil be subject to an annual m�intenance fee of$450,00 ASC will handle the number of claims indicated far the minimum claims fee, lf the f�e for i the actuai number of claims is more than the minimum claims fee, ASC will invoice the � client for the difference. � The account adrninistration fee will be 7,5% of the claims �fee or $3,000, whichever is I greater, The administr�tion fee includes; � • Account Setup + New Cl�im Setup i , �Itecortled lx clat't�ts sysfe�tt orrly, rbli�st Ge specifled�rs "Ltciderrt"nt tityte of repo��tif�g, i aCat�astj�opltic claijlis—,<ljiy evetct restrCti�cg i��XO o���iiore cl�zimr�jtts/,szrf�xes 3viKl Ge tl�e�cted tas a cntrr.slt�o�/tc� i rayt�'Gillerl tlie�uote�l per cl«ine rrzte f'a•the first.IO clriij��rt�cts/suffr"xes a�crl uny clai�rr/suf'fix over�10 will be Gilled rtt rc��ei�clain� �v�te of�3.iD�er claini. Dubuque/'1097 Page 5 07269 � I . i • ' � ��� � : . �I��;�r����i�� S��vice�o�ce�i�, �.�C • Client Meetings (�'requency to be Determined) • Excess Reporting • State Reporfiing � • Storage Fees At the conclusion of the contracfi, the following options are available for continuec( handling of open claims: • Negotiated �nnual fee per claim � Claims returned to client Subroqation Pursuit and Recovery All parties will automaticaily be placed on notice if fihe pot�ntial for subrogation exists. Pursuit o� subrogation will be per�ormed ai the client's request. Pursuit of recover fee is 15% af recovery, Y � Additional Services and Fees3 ; Client Data Tr�nsrnission......................... ............,..$2,500 Per Release ' Carrier Data Transmission,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,�400 Per Rele ! ase � Sfiate-Mandated EDI ........... ... .. ............ ...........,,...,,.....$3 Per Report/Bifl i . . , .................... Computer Compafiible Checks & Elecfironic Transfers,,,,,,,,,,,,,,,,,,,,,,,At Cost ; Data Conversion From PriorAdministrator,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,At Cost i ' On-Llne Access (One User) ' ', Additionai Users..................................'.,.,....,..,............................No Charge ; ' . ........................................$60 Per User Per i I ..............................................................Month � ' Reports Produced by Client...............................................................No Charge i Reparfi�s Produced by ASC,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 50 Per Co ' ' ....................................$ , Systems Training py � I ......................................................................... ..T&E $85 Per Hour Customized Programming .............. �� Actuarial Data Requests,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,;;,,;;;;;;;;;;;;;;;;;,T&E $/Hour) � I .$50 Per Hour I Travel Over 100 Miles........................................................................T&E $85 Per Hour) � Outside investigation T&E �$85 Per Hour � ........................................................................ � Medical Cast Manaqement4 i Fee Scheduling.......................................................................28% of Savings � � PPOUsage.............................................................................30% of Savings � I � Invoicinc� and Pavment Terms i � i Fees will be invoiced annually, �'ses are payable upon receipt of the invoice. "ASC' i reserves the right to charge 1%z% per month or the maximum leg�l rate on unpaid balances after 30 days. Allocated Expenses ; � Allocated expenses will be charged to the claim file and include fees for; � I • Leg�l services • Profession�l photographs • Medicai records � Experts' / rehabilit�tion services • index Bureai.i reporting • Accident reconstructian J fts i'L'!(Ull�ed o��re��uested, lYlost sei�vices rtr�e oZ�liojar�l. �1'r�iciit3r f0Y(!(X(Il�lO/2C1�ii!(l1!(7�'G'!C CCIi��sey'VICBS lS(lVlltllLG�L'II�JOII NG'l�1lBSt, Dubuqu�/1017 �'age 6 07269 ,�. .: . ��� ��� � , • � /�l��rna�iu�: ���voce Cor�c��#s, 9�LC i� • Archltects, contractors � Engineers, chemists • Police, fire, coroner, weafiher reports � Expert witness sfiafiements � Surveillance • Official documents and transcripts �i • Exfiraordinary travel at client's requ�st • Court reporters i� � Independent medical examinafiions, • Managed care MRis, etc. Workers' Comaensation Definitlons tfor billinq purposes on aer claim fee contracts� Medical On/y Claims - Work-related clairns that require medical treatment oniy. • Subrogation nat required � Investigafiion sufficient to determine claim type and compensability � Lost days do not exceed statutory waifiing period • No loss notices, captioned reports, client meetings, or settlement aufihority required • Payments do not exceed $2,500 I • Two-poinfi contact made Indemnity Claims -Work-related clalrns that involve disability or payment of inedical and ofiher expenses in excess of $2,500. Claims that require investigation for subrogation and setfilement negofiiations. All claims, regardless of type, will be investigafied, �valuated, and adjudicated in � accordance with state sfiatutory requiraments and corporate guidelines. AL,TERNAT'IVE �ERVICE CONC . T LLC �_.....-.----�'"�� I . � WITNESS: /►��G! �,�'��'�, BY: � � TITLE: ��' �I��n'r i DATE: 1������7 CITI( O� DUBUQUE, IOWA �� - �' � ,�. �y � �.. WITNESS;!� -�-��..�.�' " BY; " � ;� � N ichael C. Van Nlilligen TITLE; City NIa ager i �.-�;, DATE: �. � /� �" , Dubuque/1017 Page 7 07269 City of Dubuquo Insurance Requirements for Professfonal Services IPJSURANCE SCHEDULE J � Alternative Services Concepts,LLC 1� shall furnish a signed cerfificafe of insurance to tlie Cify of Dubuque, lowa for fhe coverage required in Exhibit I prior to commencing worl<ancl at the end of the proJect if the ierm of worl<is longer than 60 clays, Contractors presenting annual certific�tes shall present a I certificate at the end of each project with the final billing. Each certificate shall be prepared on fhe most current ACORD form �pproved by the lowa Departmant of Insurance or an equivalent approved by fhe Finance D)rector, Each certificafe shall include a statement under Description of Operations as to why the certificafe was Issued, Eg; Project# or ProJect Location af or constructlon of 2. All policies of Insurance required hereunder shali be�vifh �n insurer authorized to do business In lowa and all insurers sh�ll I�ave a rafing of A or better In the currenf A.M, Qest's Rating Gulde, 3, Each certificate shall be furnished to the Personnel p�partment of the City of Dubuque, 4, Failure to provide coverage requlred by fhis Insurance Schedule shall not be deemed a waiver of these requirements by the City of Dubuque. Fallure to obtain or maintain the requlred insurance shall be consldered a materlai breach of this agreement, 5. Contractors shali require all subconsultants and sub-subconsultants to obtafn and maintain during fhe performance of worl<Insurance for the coverages describeci in this Insurance Schedule and shall obt�in certificates of Insurances from all such subconsulf�nts and sub-subconsultanfs. Confr�cfors agree that they shall be Ilable for tho 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 endorsemenfs shall be attached to certificate of insurance, f. 7, Whenever a specific ISO forrn is listed, required the current edition of the form must be usecl, or an equivalent form may be substituted ff approved by the Finance Diroctor and subject fo the contracfor ldontlfying �nd listing in writing all deviations �nd exclusions from the ISO form, B, Contr�ctors shall be required to carry the minimum coveragellimfts, or greafer if required by law or other legal agreement, in Exhibif I. If the confracfor's limits of liability are higher than th� requirec!minimum limits then fhe provider's limits shall be this ac�reement's requ(red limits. � ��', Pa�e 1 of 4 Scheclula J Professional Services July 2017 , City of Dubuque Insurance Requlretnents far Professional Serv(ces INSURANCC SCHEDULE J (continued) EXnib�t�i A} GOMMERCIAL GENERAL LIA�ILITY General Aggregate Limit $2,000,000 Products-Completed Operations Aggregafe Limif $1,000,000 � Personal ancl Advertising Injury Limit $1,000,000 �ach Occurrence $1,000,000 Fire Damage Limit(any one occurrence) $50,000 Medical Payments $5,000 1) Coverage shall be written on an occurrence, not clafms made, form, The general ' Ilabllity coverage shall be written in accord with ISO form CG0001 or business ' owners form BP0002,All tleviations from the standard ISO commercial general ' liability form CG 0001, or business ov�mers Porm BP 0002, shall be cleai�ly (dentified, ' 2) Include ISO endorsement farm CG 25 04"Deslc�nated Location(s)General �! AggregaEe Limif"or CG 25 03"Designated Construct(on Project(s)General ! Aggregate L(mit"as appropriate, � . 3) Include ondorsement indicating that coverage is primary and non-contributory, � 4) Include Preservation of Gavernmental Immunities Endorsement. (Sample ! attached). I'I 5) Include an endorsement fhat del�tes any fellow employee exclusion. 6) Include additional (nsured endorsement for: ' The City of Dubuque, including all its elected and appointed officials, all its '� �� employees and volunteers, �II its boards, commissions and/or authorit(es and li � their board members, employees and volunteers. Use ISO form CG 2026, 7) Policy shall include Waiver of Right to Recover from Others endorsemont, B) AUTOMOBILE LIABILITY Combined Single Llmit $1,000,000 C) WORKERS' CQMPENSATION & EMPLOYERS LIA8ILITY � Statufory benefits covering all employees injured on the job by accldenk or disease as prescribed by lowa Code Chapfer 85 as amended, Coverage� Statutory—Stafe of lowa Coverage B �mployers Liabilify Each AccicJent $100,000 Each Employee-Disa7so $100,000 Policy Lirrit-Disease $500,000 Policy shall include Waiver of Ri�ht to Recover from Others endorsement, Nonelection of Worl<ers' Compensafion or Employers' Liability Coverago under lowa Code sec, 87,22 _yes �form alt�ched J Page 2 of 4 Sch�dula J Professional Services July 2017 ' City of Duhuque Insurance Requirements for Professional Services INSURANCE SCHEDULE J (confiinued) D) UMBRELLA/EXCESS LIABILITY �1,000,000 Umbrella/excess li�bility coverage musf be al least following form with fhe underlying policles included herein, E) PROFESSIONAL LIABILITY $1,000,000 Provide evldence of coverage for 5 years after completion of proJect. F) CYBER LIABILITY $1,000,000 X yes _no Coverage for First�ncl Third P�rty liability including but not limited to lost data and restorafion, loss of Income and cyber b�each of fnformation, f....} � �\ � t . �g� _ .�✓IP Page 3 ef 4 Schedule J Professional Services July 2017 ' City of Dubuque Insurance Requirements for Profess(onal Services �; PRESERVATfON OF GOVERNMENT/�L IMMUNITIES ENDORS�MENT 1. Nonwaiver of Governmental Immunitv The insurer ex�ressly agrees and states that the purch�s� of this policy and fhe including of the City of Dubuque, lowa as an Addifional Insured does not waive any of the defenses of governmenfal immunity available fo the Cify of Dubuque, lowa under Code of lowa Section 670,4 as It Is now exists and as it may be amended from time to time, 2, Claims Coveraqe. The Insurer furfher agre�s that fhis policy of Insurance shall cover only those � cfaims not sub)ect to fhe defense of governmental immunity under the Code of lowa Section 670,4 as it i now exists and as it may be amended from t(me to time, Those cfaims not subject to Code of lowa Secf(on �70,4 shall be covered by tlie terms ancl conditions of fhis Insurance policy, . � 3, Assertlon of Government Immunitv The City of Dubuque, Iowa shail be responsible for asserting • any defense of governmenfal immunity, and may do so at�ny fimo and shall do so upan the timely wrilten ; request of the insurer, � 4, Non-Denial of Coveraae, The(nsurer 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 Jurisdiclion has ruled In favor of � the defense(s)of governmental Immunity asserted by the City of Dubuque, lowa, ; No Other Chanqe in Polic�The above preservation of governmental fmmunitles shall not otherwise � change or alter the coverage available under the policy, ; i � �� � � � (DEPARTMENT MAN,qG�R; F'ILL IN ALL BLANKS AND CHECK BOXES) 1� Pa�e 4 of 4 Scnedul�J Profession�l Servic�s July 2017 I I