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Bunker Hill Golf Course_Management Agreement 2010Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Management Agreement for Bunker Hill Golf Course DATE: February 23, 2010 Mic 7 2.-Th . Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Patrick J. Prevenas, Acting Leisure Services Manager Dubuque AI-Mrla cIy 111111 2007 Acting Leisure Services Manager Pat Prevenas recommends City Council approval of the Management Agreement for Bunker Hill Golf Course with G.M.S., Inc. (George Stephenson) for the period March 1, 2010, and ending November 30, 2010. concur with the recommendation and respectfully request Mayor and City Council approval. Masterpiece on the Mississippi TO: FROM: SUBJECT: DATE: INTRODUCTION The purpose of this memorandum is to recommend that the City Council enter into a management agreement with G.M.S., Inc. (George Stephenson) for the Bunker Hill Golf Course, for the period beginning March 1, 2010, and ending November 30, 2010. DISCUSSION The operational structure of the Bunker Hill Golf Course changed in 2001 with the City assuming the responsibility of the operation of the pro shop, concessions and golf carts, which had been the golf pro's responsibility. This change has worked very well for the City and this agreement continues that arrangement. This is the same agreement as last year, with a 3.3% salary increase proposed and four $500 incentives if the number of employee work hours is met, and two $900 incentives if golf car and concession revenues exceed the revenue goals. All duties and responsibilities of the golf pro and the City remain the same. The Park and Recreation Commission reviewed and approved the agreement at their February 9th meeting. ACTION STEP The action requested is for the City Council to approve the management agreement with G.M.S., Inc. and authorize you to sign it. PJP:et attachment Michael C. Van Milligen, City Manager Patrick J. Prevenas, Acting Leisure Services Manager ��7 Management Agreement for Bunker Hill Golf Course February 19, 2010 Dubuque krINZA A1- Amelia City 11 11 2007 MANAGEMENT AGREEMENT FOR BUNKER HILL GOLF COURSE Between THE CITY OF DUBUQUE and G.M.S., INC. (George Stephenson) This Agreement, executed in duplicate, dated for reference purposes, the 1st day of March, 2010, by and between the City of Dubuque, Iowa (City), whose address for the purpose of this Lease is 2200 Bunker Hill Road, Dubuque, Iowa, and G.M.S., Inc. (George Stephenson) (Golf Pro), whose address for the purpose of this Lease is Bunker Hill Golf Course, 2200 Bunker Hill Road, Dubuque, Iowa. WHEREAS, the City is engaged in the operation and maintenance of the public facility called Bunker Hill Golf Course and the City desires to engage a competent and qualified golf professional to manage certain services at Bunker Hill Golf Course; and WHEREAS, the Golf Pro is desirous of procuring from the City the right to manage the services and is a competent and qualified golf professional willing and able to manage Bunker Hill Golf Course, and is qualified to provide the requisite services associated therewith; and WHEREAS, the public interest and welfare will be served and the facilities of Bunker Hill Golf Course materially enhanced by the City entering into this Agreement with the Golf Pro who will manage certain services to the public patronizing Bunker Hill Golf Course. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements hereinafter set forth, it is agreed by and between the parties hereto as follows: 1. TERM OF AGREEMENT. The City grants to the Golf Pro for a period of nine months beginning March 1, 2010, and ending November 30, 2010, the privilege of managing Bunker Hill Golf Course upon the terms and conditions set forth herein. 2. DUTIES OF GOLF PRO. The Golf Pro shall: a. Schedule and supervise play at Bunker Hill Golf Course; b. Recommend to the Leisure Services Manager for hire and supervise attendants to sell golf tickets, season passes, permanent tee times and tournament fees to golfers, all at the expense of the City. The attendants shall be on duty continuously during golfing hours on all weekdays, Saturdays, Sundays and holidays during the golfing season; c. Supervise the operation and maintenance of the concession room for the sale of soft drinks, confections, beer, liquor and food, consistent with the laws and regulations of the City of Dubuque and the State of Iowa. The Golf Pro and Leisure Services Manager shall establish a price list prior to March 1st for such items sold at the concession room, and such prices shall be in effect unless the Leisure Services Manager in the sole discretion of the Leisure Services Manager makes changes to such list. The concession operation shall include a general line of beer, mixed drinks, food, and other similar items, such as are commonly offered in similar places. The concession room shall be open and available to the public at times and hours each day during the golfing season as established by the Leisure Services Manager. Evening closing shall not be later than 11:00 p.m., unless reserved for special events. d. Keep the golf carts in a clean, safe and operable condition. A sufficient number of motorized golf carts as determined by the Leisure Services Manager will be provided by the City to meet the needs of the public. The following guidelines shall be used in renting motorized golf carts: (1) The Golf Pro shall not rent a cart to any person not holding a valid motor operator's license. (2) The Golf Pro shall not permit more than two (2) persons to occupy any motorized golf cart. (3) The Golf Pro shall require each golf cart operator to sign prior to operating a cart liability release forms approved by the Leisure Services Manager. (4) The Leisure Services Manager shall establish all fees to be charged for renting motorized golf carts. e. Collect for the City all green fees, permanent tee time fees, league fees, sea- son pass fees and tournament fees and promptly remit the same to the City in accordance with policies adopted by the City. f. Make a true and accurate report of all green fees, season pass fees, league fees, permanent tee time fees, and tournament fees collected and accounting for all tickets and receipts issued by the pro shop for all sales on a daily basis, on forms provided by the Leisure Services Manager. g. Cooperate with City employees who have the obligation of maintaining the golf course. h. Make a true and accurate report of all pro shop sales, concession sales, and cart rentals on a daily basis on forms provided by the Leisure Services Manager. 2 i. Deposit nightly at a bank designed by the Leisure Services Manager all money collected for or on behalf of the City. The Golf Pro shall be responsible for the loss of all money collected and for any property belonging to the City, and for the failure of the Golf Pro or Bunker Hill Golf Course employees to fully, truly and accurately account for any money collected for the City. j. Keep the entire premises of Bunker Hill Golf Course, including but not limited to the snack bar, pro shop, rest rooms, pro office, storage areas, and the area adjacent to the Clubhouse in a tidy and presentable condition at all times. The Golf Pro shall make sure the premises and equipment are thoroughly cleaned and shall remove any remaining inventory to proper storage, within seven (7) days of the closing of the Bunker Hill Golf Course. The Golf Pro shall use his best efforts to prohibit any unlawful or disorderly conduct on the premises, and he shall assist the City in enforcing all the ordinances, rules and regulations of the City and the County Board of Health. 3. INDEPENDENT CONTRACTOR RELATIONSHIP; COMPENSATION. The relationship between the City and the Golf Pro shall be one of independent contractor and not one of employer and employee. The compensation of the Golf Pro shall be a total of sixty -five thousand, five hundred dollars ($65,500.00) to be paid by the City to the Golf Pro in biweekly installments for the period from March 1, 2010 to November 30, 2010, commencing on the 12th day of March, 2010. In addition, four (4) $500.00 bonus payments will be paid to the Golf Pro after November 30, 2010 if golf operations staff hours do not exceed agreed upon amounts shown on the Addendum attached hereto, and two (2) $900.00 bonus payments if golf operations snack bar and golf cart revenues exceed amount on the Addendum. The City shall pay the Golf Pro's dues /membership to the National Golf Foundation, and U.S.G.A. The Golf Pro shall receive any retirement incentive associated with the purchase of pro shop merchandise. Either the Golf Pro or the Assistant Golf Pro shall be present at all times Bunker Hill Golf Course is open for business, unless otherwise approved by the Leisure Services Manager. The Golf Pro shall be permitted to give lessons in the designated area. 4. GOLF PRO'S PROFESSIONAL ACTIVITIES. The Golf Pro shall be permitted reasonable time for participation in golf tournaments and other professional activities such as schools and seminars, which are necessary to maintain and improve his professional status. It shall be a condition of this Agreement that the Golf Pro shall remain a class "A" P.G.A. member. 3 5. SUPPLIES AND EQUIPMENT. The Golf Pro shall purchase for the City all supplies and equipment used in the pro shop, concession area and cart concessions, with the prior approval of the Leisure Services Manager. 6. ATTENDANTS AND OTHER EMPLOYEES. The Golf Pro shall recommend to the Leisure Services Manager for hire, at the City's expense, and shall supervise and schedule rangers to assist at Bunker Hill Golf Course during times of increased play. The Golf Pro shall recommend to the Leisure Services Manager for hire and shall supervise and schedule the Assistant Golf Pro and all employees necessary for the efficient operation of the clubhouse and the pro shop. Copies of work schedules for all employees, including the Golf Pro, shall be filed weekly with the Leisure Services Manager. 7. TOURNAMENTS. The Golf Pro shall be responsible for organizing and conducting at least three junior, three women's and three men's tournaments during the term of this Agreement. The tournaments shall be designed to promote the use of the Bunker Hill Golf Course and shall be subject to the prior approval of the Leisure Services Manager. 8. PERSONAL PROPERTY. Any personal property of the Golf Pro on the premises covered by this Agreement shall be maintained at the risk of the Golf Pro, and the City shall not be liable for any damage, either to person or property, sustained by the Golf Pro or other persons, due to any condition of such personal property. 9. NONASSIGNABILITY. The Golf Pro shall not transfer or assign this Agreement or any of the privileges or premises herein without the prior written consent of the City. Each and every covenant and agreement herein contained shall extend to and be binding upon the Golf Pro and the Golf Pro's successors, heirs, administrators, executors and assigns. 10. RIGHTS AND REMEDIES OF PARTIES. The various rights, powers, options, elections and remedies of either party provided in this Agreement shall be construed as cumulative and no one of them as exclusive of the others, or exclusive of any rights, remedies or priorities allowed either party by law, and shall in no way affect or impair the right of either party to pursue any other equitable or legal remedy to which either party may be entitled, as long as any default remains in any way unremedied, unsatisfied or undischarged. 11. MODIFICATION OF AGREEMENT. None of the covenants, provisions, terms or conditions of this Agreement to be kept or performed by the City or the Golf Pro shall be in any manner modified, waived or abandoned, except by a written instru- ment duly signed by the parties. This Agreement contains the whole agreement of the parties. 4 12. TERMINATION OF AGREEMENT. This Agreement may be terminated by the City for any reason, with or without cause, upon three (3) days' written notice to the Golf Pro. The Golf Pro may give notice of intent to terminate this Agreement for a material breach of the Agreement by giving the City written notice thereof, and if the City fails to correct such breach within thirty (30) days thereafter, this Agreement shall be deemed terminated. Upon termination of this Agreement, the Golf Pro agrees to immediately vacate and surrender the portion of the building allocated to him for the operation of this Agreement and to remove his personal property there from, and to deliver possession of the premises to the City in as good condition as the premises were in at the commencement of the term of this Agreement, unavoidable wear through careful use and damage by fire or other casualty beyond the control of the Golf Pro excepted. All equipment and other property of the City on the premises shall remain the property of the City after the termination of this Agreement. An inventory of City property shall be performed by the Leisure Services Manager before release of the Golf Pro from any liability therefor. It is expressly understood and agreed that this Agreement is not a lease or a conveyance of realty, but is merely the granting of the privilege of conducting certain activities and to provide certain services for the benefit and convenience of the public. The rights and obligations of the parties under this Agreement shall end with the effective day of the termination of this Agreement, except that the Golf Pro shall be responsible for any damages or losses attributable to his acts while in possession of the premises. 13. SUPERVISION BY LEISURE SERVICES MANAGER. The Leisure Services Manager and the Golf Pro shall cooperate each with the other to promote the most efficient use of Bunker Hill Golf Course. The Golf Pro shall report directly to the Leisure Services Manager, or such other person as may be specified by the Leisure Services Manager. 14. INSURANCE. The Golf Pro shall obtain and maintain during the term of this Agreement insurance as set forth in the attached Insurance Schedule. CITY OF DUBUQUE By / Mich ael C. Van Milligen City Manager G.M.S., INC. By George Stephenson 5 GOLF PROFESSIONAL AGREEMENT ADDENDUM • Bonus payments based upon staff hours not exceeding the following for each category during the 2010 season: ASSISTANT GOLF PROFESSIONAL 1,300 hours $500.00 bonus PRO SHOP ATTENDANT 2,900 hours $500.00 bonus CONCESSION WORKER 2,800 hours $500.00 bonus TOTAL SEASONAL HOURS 7,000 hours $500.00 bonus • Bonus payments based upon exceeding the following increased revenue in golf operations. 2009 season REVENUE GOAL SNACK BAR REVENUE $ 184,227 $ 190,000 $900 bonus GOLF CART REVENUE $ 164,195 $ 169,200 $900 bonus 6 INSURANCE SCHEDULE C INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES TO THE CITY OF DUBUQUE 1. 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 better in the current A.M. Best Rating Guide. 2. All Certificates of Insurance required hereunder shall provide a thirty (30) day notice of cancellation to the City of Dubuque, except for a ten (10) day notice for non- payment, if cancellation is prior to the expiration date. 3. shall furnish a signed Certificate of Insurance to the City of Dubuque, Iowa for the coverage required in Paragraph 6 below. Such Certificates shall include copies of the following endorsements: a) Commercial General Liability policy is primary and non - contributing. b) Commercial General Liability additional insured endorsement. c) Governmental Immunities Endorsement. , shall upon request, provide Certificates of Insurance for all subcontractors and sub -sub contractors who perform work or services pursuant to the provisions of this contract. Said certificates shall meet the insurance requirements as required of 4. Each certificate shall be submitted to the contracting department of the City of Dubuque. 5. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 6. Contractor shall be required to carry the following minimum coverage /limits or greater if required by law or other legal agreement: a) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products - Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence Limit $1,000,000 Fire Damage limit (any one occurrence) $ 50,000 Medical Payments $ 5,000 1 of 2 January 2008 INSURANCE SCHEDULE C (Continued) INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES TO THE CITY OF DUBUQUE This coverage shall be written on an occurrence form, not claims made form. All deviations or exclusions from the standard ISO commercial general liability form CG 0001 or Business owners BP 0002 shall be clearly identified. Form CG 25 04 03 97 'Designated Location (s) General Aggregate Limit' shall be included. Governmental Immunity endorsement identical or equivalent to form attached. Additional Insured Requirement: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and /or authorities and their board members, employees and volunteers shall be named as an additional insured on General Liability including "ongoing operations" coverage equivalent to ISO CG 20 10 07 04. b) Automobile $1.000,000 combined single limit. c) WORKERS COMPENSATION & EMPLOYERS LIABILITY Statutory for Coverage A Employers Liability: Each Accident $ 100,000 Each Employee Disease $ 100,000 Policy Limit Disease $ 500,000 d) PROFESSIONAL LIABILITY $1,000,000 e) UMBRELLA/EXCESS LIABILITY * *Coverage and /or limit of liability to be determined on a case -by -case basis by Finance Director. Completion Checklist ❑ Certificate of Liability Insurance (2 pages) ❑ Designated Location(s) General Aggregate Limit CG 25 04 03 97 (2 pages) ['Additional Insured CG 20 10 07 04 ❑ Governmental Immunities Endorsement 2 of 2 January 2008 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR AOD'L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DDIYY) POUCY EXPIRATION DATE (MMIDD/YY) LIMITS A X GENERAL LIABIUTY COMMERCIAL GENERAL LIABILITY Zip Code INSURER A: Insurance Company EACH OCCURRENCE S 1,000,000 X PREMISES (Ea r ence) $ 50,000 I CLAIMS MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2 GENT AGGREGATE LIMIT APPLIES PER: POLICY I X' JEC 17 LOC PRODUCTS - COMP /OP AGG $ 1,000,000 7 A AUTOMOBILE UABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) S 1,000,000 X BODILY INJURY (Per person) 5 _ BODILY INJURY (Per accident) $ — PROPERTY DAMAGE (Per accident) $ GARAGE UABILITY R ANY AUTO AUTO ONLY - EA ACCIDENT OTHER THAN EA ACC $ S AUTO ONLY AGG S A EXCESS/UMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE R ETENTION $ 0 ,iV - � I ��//''••��'' i EACH OCCURRENCE $ 1,000,000 AGGREGATE S 1, 000, 000 S R S X S A WORKERS COMPENSATION AND EMPLOYERSS' ' UABI LITY LIABI ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes describe under SPECIAL PROVISIONS belay S,J° ' O V p 1 � .j O I+ �, *MAWS g 7 X I Y LIMIT S I IOER E.L. EACH ACCIDENT S 100, 000 E.L. DISEASE - EA EMPLOYEE $ 100,000 EL.DISEASE - POLICYLIMIT $ 500,000 A OTHER professional Liability $1,000,000 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS The City of Dubuque is an additional insured on general liability policies including ongoing i completed operations coverage equivalent to ISO CG 2010 0704 & CG 2037 0704. General Liability policy is primary & non - contributing. Form CG 2504 0397 "Designated Locations" general liability aggregate limit is included. Governmental immunities endorsement is included. ACORD .. CERTIFICATE OF LIABILITY INSURANCE �2 „i2 ) AUTHORIZED REPRESENTATIVE PRODUCER (563) 123 -4567 Insurance Agency oy Street Address City ST FAX (563) 987 -6543 Zip Code THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Company Street City St Zip Code INSURER A: Insurance Company INSURER B: INSURER C INSURER D: INSURER E. City of Dubuque 50 West 13th Street Dubuque , IA 52 001 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER MALL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE CERTIFICATE HOLDER ACORD 25 (2001/08) NS025 (olos) os AMS CANCELLATION VMP Mortgage Solutions, Inc. (800)327-0545 ® ACORD CORPORATION 1988 Page 1 of 2 ACORD 25 (200•108) 1NS025 (0108)06 ANIS IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 5c he.. slo ri Profe Page 2 of 2 POLICY NUMBER: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Location(s): ANY AND ALL COVERED LOCATIONS (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which can be attributed only to operations at a single desig- nated "location" shown in the Schedule above: 1. A separate Designated Location General Aggregate Limit applies to each designated "location ", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except dam- ages because of "bodily injury" or "property damage" included in the "products - completed operations hazard ", and for medical expenses under COVERAGE C regardless of the num- ber of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits ". 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Loca- tion General Aggregate Limit for that desig- nated "location". Such payments shall not re- duce the General Aggregate Limit shown in DESIGNATED LOCATION(S) GENERAL AGGREGATE LIMIT COMMERCIAL GENERAL LIABILITY CG 25 04 03 97 the Declarations nor shall they reduce any other Designated Location General Aggre- gate Limit for any other designated "location" shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Ex- pense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Location General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), which can- not be attributed only to operations at a single designated "location" shown in the Schedule above: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products - Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Location General Aggregate Limit. CG 25 04 03 97 Page 1 of 2 CG 25 04 03 97 C. When coverage for liability arising out of the "products - completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard" will reduce the Products- Completed Operations Ag- gregate Limit, and not reduce the General Ag- gregate Limit nor the Designated Location Gen- eral Aggregate Limit. D. For the purposes of this endorsement, the Defi- nitions Section is amended by the addition of the following definition: Copyright, Insurance Services Office, Inc., 1996 "Location" means premises involving the same or connecting Tots, or premises whose connection is interrupted only by a street, roadway, waterway or right -of -way of a railroad. E. The provisions of Limits Of Insurance (SECTION III) not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 CG 25 04 03 97 Name Of Additional Insured Person(s) Or Organization(s): The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and /or authorities and their board members, employees and volunteers. Location(s) Of Covered Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. POLICY NUMBER: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. I'he acts or omissions of those acting on your behalf; CG 20 10 07 04 B. COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "piop=ity occurring after: Page 1 of 2 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or Page 2 of 2 2. That portion of your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project. All terms and conditions of this policy apply unless modified by this endorsement. © ISO Properties, Inc., 2004 CG 20 10 07 04 CITY OF DUBUQUE, IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity 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. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. 4. 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 court 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. SPECIMEN 1 of 1 January 2008