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Workers' Compensation Claims Administrative Services (ASC) Agreement Addendum Copyrighted October 7, 2019 City of Dubuque Consent Items # 5. ITEM TITLE: Workers' Compensation Claims Administrative Services AgreementAddendum SUMMARY: City Manager recommending approval of anAddendum 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 that extends the Agreement through December 31, 2019. SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Approve ATTACHMENTS: Description Type Approval of Addendum to Workers' Compensation City Manager Memo Claims Administrati� Services Agreement-MVM Memo Staff Memo Staff Memo Addendum Five Supporting Documentation Claims Service Contract Supporting Documentation Insurance Schedule J Supporting Documentation Dubuque THE CITY OF � uI�AaMca cih DuB E � � I � � I Maste iece on the Mississi i Zoo�•zoiz•zois YP pp zoi�*zoi9 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: September 26, 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 (ASC) for services related to the administration of the City's Workers' Compensation Program. The Addendum extends the Agreement through December 31, 2019. The reason for the extension is the City is conducting an analysis of its workers' compensation insurance program. I concur with the recommendation and respectfully request Mayor and City Council approval. v 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 Dub�que T�-IE CITY OF �II�Aroeri�a Giqi rvnr�aw,cmc;uxxur. , ��/ Zoo�*zo�z*zois Masterpiece on the Mississippi zoa.��zo�� 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: September 6, 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 Agreement with Alternative Services Concepts fihrough December 31, 2019. The reason for the extension of the current agreement is that we are conducting an analysis of our worker's compensafiion insurance program. I request that the City Council pass a motion approving the Addendum and authorize you to sign the Addendum. RP/alk ASC Alternative Service Concepts, LLC ADDENDUM FIVE 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, 2019. "Client" agrees to pay "ASC" a fee of Eleven Thousand, Nine Hundred and Forty Dollars and Zero Cents ($11,940.00) for the administration of Workers' Compensation claims for July 1, 2019 — December 31, 2019. All other terms, conditions, and agreements contained in said Contract remain in full force and effect. IN WITNESS WHEREOF, "ASC" and "Client" have caused this Addendum to be executed by the person authorized to act in their respective names. WITNESS: ALTERNATIVE SERVICE CONCEPTS, LLC cS BY: t Gti TITLE: 0- G • DATE: 97/3n CITY OF DUBUQUE, IOWA WITNESS. r BY: TITLE: City Manager DATE: a/ 9 DubuqueAddFive/1017 Page 1 07269 � • ' . ,� �� ' � �,Ifi�i'i5�$lYE a�'GiVlCE�OC1C8��S, �.�.0 CLAfMS S�RVICE CONTRACT � THIS AGREEMENT is_m�de and entered into with an effective date of Ocfober 1, 2017 between ALTERNATiVE SERVICE GONCEPTS, LLC, formed in Delaware, v�iith principal offices afi 2501 McGavock 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", 1�!lTNESS: WHEREAS, "ASC' is in the claims service business; and WHEREAS, "Client" desires to contract with "ASC" as its claims service company to service the workers' compensation claims of "Client's" arising aut of their facilities located ln Dubuque, lowa. NOW, THEREFORE, "ASC° and "Ciient" contract as follows; "A5C" AGREES: , � 1. (a) Ta review ail claims and/or losses repor�ed during fihe term of this Contract which invalve workers' compensafiion claims against °Client". (b) To investigafie, adjust, setfle or resist �II such losses and/or claims wifihin the agreed p�yment �uthority limifi of Two Thousand Five Hundred Daliars ($2,500). (c) To investigate, adJust, settle or reslst all such losses �nd/or claims as are in excess of the agreed payment authority limit of Two Thousand Flve Hundred Dollars ($2,600) only with specific prior approval of"Clienfi". (d) To report excess claims to "Client's" excess carrier only if"Client" fulfilis its obligations under "Client Agrees" Section, 4c, 2, To furnish all cla(m forms necessary for proper claims administration, 3. To establish claim and/or loss files for each repor�ed claim �nd/or loss. Such files shail be the exclusive property of "Client". Such files �re available for review by "Clienfi" at any reason�ble time, with notice. ��, To maintain adequate Automobile Liability, Errors �nd Omissions, Fidelity Bond, General L.iability, and Workers' Comp�nsation insurance coverage and to maintain insurance as set forth in the att�ched Insurance Scheciule for Profession�l Services. 5, To inclemnify, clefend and hold harmless "Ciienf" with respect to any claims asserEed as � result of any errors, ornissions, torts, intentional torts or other negligence on the Dubuc�ue/�09 7 Pag� 1 07269 . , , , . �� Altern�tiv��arvic� �anc�pt5, ��LC part of "ASC" and/or its employees, unless the complained of actions of "ASC' were taken afi the specific direction of"Client". . . , � "CLIENT" AGREES; 1. To make funds available that "ASC" may dr�w from at any time and from time to time for claim and/or lass payments and for associated allocated expense within the payment authorifiy limit of Two Thous�nd Five Hundred Dollars ($2,500) and for clafm and/or Inss payments in excess of the payment authority limit of Two Thousand Five Hundred Dollars ($2,500) with the prior approval of"C(ient", 2. To pay "ASC"fees in �ccordance wifih the Fee Schedule attached to this Confiracfi, 3, To pay "ASC" within thirty (30) clays of the effective date of all invoices. All past due invoices are subject to an interesfi penalty of one and one-half percent (1 1/2%) per month. In the event "ASC" brings any action or proceeding to recover any parfi or ali of an autstanding indebtedness, "ASC' shall b� entltled to recover as additional dam�ges any re�sonable attorney fees not to exceed twenfiy percent (20%) of the outstanding indebtedness. 4, (a) To pay ail Allocated Lass Cxpenses in addifiion fio the claim service fee to be paid to "ASC' as prescribed in this Contract. (b) "Aliocateci Loss Expenses" shall incfude but not be limited to attorneys' fees; experts' fees (i,e, engineering, physicians, chemists, etc.); fees for independent m�dical examinations; wifinesses' fees; witnesses' travel expenses; court reporters' fees; firanscript fees; the cost of obtaining public records; commercial photogr�phers' fees; automobile appraisal or property appraisal fees; medical cost containment services, such �s utilization review, provider bill audit, preadmission �uthorization, hospit�l bili audit, �nd medical case management; �II outside expense )tems; extraordinary travel expenses incurred by "ASC' at the request of "Client"; and any otf�er similar fee, cost or expenses �ssociated �vith the inVestic�ation, negotiatian, settlement or defense of �ny ciaim hereunder or �s requireci for the collection of subro�ation on behalf of"Client". (c) To pro�iide "ASC" +�iith compieke copies of all excess policies which apply to the claims reported during the Conrr�ct period. 5, To relinquish authority ko "ASC' in �II mattars relating to claims service �vithin the agreed payment �uthority limit of T��ro Thous�nd Five Hundred Dolla�•s (�2,500). Dubuq!i�;10�(7 Page 2 07269 � � ` . . � . . �� ' , �Jter�ati+�� rvice��ncep�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 torts, or other negligence on fhe part of the "City" and/or ifis employees, unless the complained of acfiions 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 Contract may be terminated by either "ASC' or "Client" with cause by providing sixty (60) days' prior written notice by certified mail, (b) In the event that this Confract fierminates or expires for any reason "Client" sh�ll . have the option; (i) to h�ve °ASC' handle open files v�ihich have been reported for an ; adclitional fee bas�d on our prevailing annual rate per file. (ii) to have "ASC" refiurn the files to the client, ! ; 2, This Contr�ct covers Claim Service for"Client° in the United States of Arnerica, ; 3. In the event �ny one or more of fihe provisions of this Contract shall be determined fio ' i be invalid or unenforceable by any court or other appropri�fie authority, the � � remainder of this Contract sh�ll continue in full farce and ef�ect, as if said invalld and unenforce�ble portion hacl not be�n incfudecl in this Contr�ct. 4. This Contract shall be construed and interpreted in accordance with the laws of fihe stafie of low�, � 5. This Contract represenfis the entire underst�nding of "ASC" and "Clienfi" and ! � supersedes all prior oral and written communications between "ASC" and "Client" as j to the subJect matter, Neither this Contract nor �ny provisions of it may be f � amended, modified or waived except in writing signed by a duly authorized � representative of"ASC" �nd "Client". ; � 6, The failure or delay of either "ASC" or "Client" to take action with respect to any � I f�ilure of the other p�rty to observe or perform any of the terms or provisions of this � Contract, or �vith respect fo �ny def�ult hare�inder by such other party, shall not be I i construed �s a waiver or oper�te �s a waiver of zny ri�hts or remedies of either ; "ASC' or "Client" or operate to cieprive either "ASC" or °Client" oP its ri�ht to instltute � � �nd maintain �ny action or proceeding which it may deam necessary to protact, assert or enforce any such ri�hts or remedies, I D�.ibuque/1017 P2�� 3 072G� , . , , � ��a . � . �Jter�ariv��rvic� Cor�c��9;s, �.L� ?. To not employ a person who has been employed by the other par�y at any time during the term of this Contract, unless the person to be employed shall not have been employed by the other party during the lmmediately preceding six (6) months or unless the hiring party shall have the other party's prior wriften consent, This provision shall survive the terminatian of this Contract 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 lasf payment of benefits, or the retention requirements of "Ciient's" carrier, The storage cost is included in the ; administrative fees, After the three (3) year period, files will either be returned to "Clienfi" or destroyed if permitted by Statut�. 9. IIASC" will query and transmit information under MMSEA requirements fio CMS. B�d WlTi�E�S lJUS�E��OF, "ASC" and "Client" have caused this Contracfi to be executed by the person authorized to act in their respective names. . ALTERNATIVE SERViCE COMCE S, LLC . WITNESS: _ �`��r'.,��,1�'�_ BY: U b�t; ►jvt��r, c,�� TITLE: � DATE: l� ��'�) „ , ClTY OF DUBUQUE, IO1NA �� , �•:`�'.��--�,�/� G-r°�"��.._,_.�..-.�� ; . V�/ITNE�-��" -,��r.r°°'/`/ BY: � Nlichael C, Van Nlilligen TITLE; City 1��Ianager DATE: ��f✓i� Dubuque/1017 Page 4 0726J � � �.: .n� � � �� ; � . �Ilt�r�ativ� �en�ice �onc�;�ts, LI..� �lternative Service Concepts, LLC Gity of Dubuque, lowa C?ctober 1, 2017 - October 1, 20'18 ; � � Two-Year Claims Handling � New Claims j � � ' ' � ; o I � � i Workers' Compensatfon Medical Only 4 $'!70 $ 680 � Indemnity 20 $780 $15,600 � I � Litigation fee TBD �w300 + base fee i Run-In Clalms I (ndemnity TBD $450 ___ I Medical Only TBp �5p ___ I Inciclent Reports� TBD $40 .__ i Catastrophic Claims2 TBD ___ ___ I � Estimated Minlmurn Claims Fee � , $16,280 � � MMSEA-Annual Transmission Fees(includes query& submissions) $ 2,100 Acco�mt Admfnistratfon Foe $ 3,000 Systems Fee $ 2,500 I Minimum & Deposit Claims Fee �23,880 { i i Claims will be handled for tv�ro years from fihe rlafie the loss is reported fio ASC with no additional per clairn fee. Any claim remaininc� open after 24 months �viil be subject � to an annual m�intenance fee of$450,00 , � i ASC will hancile the number of claims inclicated for the minimum claims fee. IF the fee for � the actual number of ci�ims is rnore than the minimum claims fee, ASC will invoic� the � client for the difference, � � The account administration fee wili be 7,5% of the claims fee or $3,000, whichever is � greater, The �dministr�tion fee includes; ; � Account Setup ; � Ne�,v Claim Setup � � j �Recol�rl��d l�a cl�zltits syst�r�a ar.ly, rblust Ge specifled rts "Iliclde�tt"at tdsyie of�^epor^ti�t,, ; �Catrrstt�opleic clrritas—,<I��y eve�ct resultin�itt XO or lr�nf�e clrzif�c�a��ts/.sa�ffixes foiCl G�tre�ated�as a catastt�ophe � �jad Gilled the q«utc«!pe��clai�r� Nrcle f'or tk�f"ct�st.10 clrri,juants/sr�f'fi.�es a�ar(rcny clairrr,�suffr".e over 10�ni!!, b� � Gill�rl rrt a�e�^clrur�r ��rite of�3.i0�er clai��e. � 1 , ; Dubuque/1D17 Pa�e 5 0725� j I • � � i , ,D, . �'�7 2.Y , � : , ;�Il�tna�i�e S�ivice��nce�ks, �.�.0 • Client Meefiings (F'requency to be Determined) � • �xcess Reporting • Stafe Reporting � • Storage Fees At the conclusion of the contract, the following options are available for continuecf handling of open ciaims: • Negotiated annual fee per claim • Claims returned to client Subroaation Pursult and Rec:overy All p�rtiEs wiil �utomatically be placed on notice if the potentiai for subrogation exists. Pursuit of subrog�tion will be performed at fihe client's request, Pursuit of recaver fee fs 15% of recovery, y � Additional Services and Fees3 � ; Client Data Transmission,,,,,,,,,,,,,,,,,,,,,, ,,,,.,,,..$2,500 Per Release ' C�rrier Data Transmission,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,�� ,�q.00 Per Re � State-Mandated EDI ............... . .. . .....�".��.�.... lease Computer Com atible Checks ��Tr�nsfe s..��""""""��3 Per Report/Bi(I ; p & Electronic r .....................qt Cost D�ta Conversion From Prior Administr�tor,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,At Cost i On-Line Access (One User) .,..,..No Charge � Additianal Users ...........................................................................$60 f'er User Per � ..................... ,.........,...,...,,.....,,............,......,,,.,,.,.......:,..,.,..,Month � Reports Produced by Clienfi...............................................................No Charge ' Repart�s Produced by ASC.................................................................$50 Per Copy ' 5ystems Training .............................................................................T&E ($85 Per Hour) I Customized Programming .................................................................T&E ($/Hour) I Actuarial Dat� Requests.....................................�.......,...,...,.....,,....., .$50 Per Hour . ' Travel Over 100 Mlles.......................................................",".,,,..,.....T&E $85 Per Hour � Outside Investigation ..............T&E �$85 Per Hour� � .................................................. Medical Cost Manaqement� � � Fee Schedulin � PPO Usage.,,,g.........................:.............................................300% of Savings i /o of Savings . � Invoicinc� and P�vment Terms i ; Fees will be invoiced annually. Fees �re p�yabl� upon receipt of the invoice, "ASC° � reserves the right to ch�rge 1'/Z% per month or the maximum legal r�te on unpaid � balances affier 30 days. � � Allocated Expenses i Allocated exp�nses will be charcJed to the claim file and include fees for; i � Lec al services . ' J Profession�l phokographs � � Nlecliczi recorcls • Experts' /rehabili��tion services � Indax Bureau repor�in9 • Accidant reconstruction f F(s r�quired or reque��t��d, .btost set�vices ri��e optio�tral. i �Prieiii;,Fo�^«�Iditir�r�rcl jr�cz�ccr.;u�rl cci��s�j�vices is rtvrcilaGlc upon t�equest, i ULI�JUC�UOI�O"I 7 f'age 6 07269 i � . ,' ; � ��i�Vea �� , � Alt�rnativs S��vice Conc�,�ts, �LC • Architects, contractors • �ngineers, chemists • Police, fire, coroner, wreather reports • Expert wifiness stafiemenfis • Surveillance • Official documents and transcripts • Exfiraordlnary travel afi client's request • Court reporters ° Independent medical examinafiions, � • Managed care MRIs, etc. Workers' Comaensation Definitions (for billinq aurposes on per claim fee contracts) Medica/ On/y Claims- Work-related clairns th�t require medical treatment only, • Subrog�tion not required � Investigation sufficienfi to determine ciaim fiype and compensability � Lost days do not exceed statutory waiting period • No loss notices, captioned reports, client meetings, or settlement authority required • Payments do not exceed $2,500 • Two-point confiact made Indemnity Claims - Work-related claims that involve disability or payment of inedical and other expenses in excess of $2,500. Claims that rPquire investigation for subrogation and settlement negofiiations. All claims, regardless of type, will be investigated, evaluated, and adjud)cated ln accordance with state statutory requirements and corporate guidellnes. AI�TERNATiV� S�FtVICE CONC , T LLC -`� WITNESS: ��j �,�'�,yd�� BY: . . 7'ITLE; �� I��itl DATE: ��"��l7 CiTY O� DUBUQU�, IOWA __... , �/�j . �� i , %`'__._/`�="-� WfTNESS��.:-�ry�<��r��`''-��i%'` BY, ,� .J�`-...� � ` �ichael C. Van �Iilligen TITLE; City i�Ianager - DATE; �� !/��''+f/� � , Dubuque(10�17 Pac�e 7 07269 � City of Dubuque lnsurance P,equirements for Professional Services INSURANCE SCHEDUL� J �" tllternative Services Concepts,LLC 1, shall furnish a signed certificale of insurance to the City of Dubuque, lowa for fhe coverage required in Exhibit I prior to commencing work ancl at the end of the project if the ferm of work is longer than 60 days, Contractors presenting annual certificafes shall present a cerfificats at fhe encl of each pro)ect with the final blllinc�, Each certificate shall be prepared on fhe most current AC�RD form approved by the lowa Departmenf of Insurance or an equivalent approved by fhe Finance Director, Each certiflcafe shall include a staiement uncler Descripkion of Operalions as to why the certificate�+ias issued, Eg; Projecl# or Project Location al or constructlon of 2. All policies of Insurance requlred hereunder shall be��ilth an fnsurer au.hhorized to cJo business In lowa and all fnsurers shall have a rafing of A or better In the current A.M, Best's Rating Gulde, 3, Each certificate shall be f�.n•nished to fhe P�rsonnel p�p�rtment of the Clty of Dubuque, � 4, Failure to provlde coverage requfred by fhis Insurance Schedule shall not be deemed a waiver of � fhsse requirements by the C(ty of Dubuque. Fallure to obtaln or maintain the required Insurance shall be considered a materlal breach of this agreement, 5, Contr�ctors shall require �II subconsultants and sub-subconsultants to obtain and maintain cluring fhs performance of Nior1<L�surance for the covarages describecl in this Insurance Schedule ancl shall obtain certificates of(nsurances from all such subconsult�nEs �nd sub-subconsultants. Contr�ctors agree Ehat they shall be liable for th� failure of a subconsultant and sub- subconsultanf to obtain and maintaln such cover�ges,The City ma�request a copy of such �� cerE(ficafes from the Contractor, 6, All required endorsements shall be attached to cerfificate of insurance, �. 7, Whenever a speciflc ISO form Is listod, required fhe current editlon of the form must be useci, or an equivalent form may be substituted if approved by the Fin�nce Director ancl subject to the contractor ld�ntifying and Iisting in writing all deviations and exclusions from the ISO form, 8, Contracfors shall bs requlrecl to carry the minimum coverage/lim(ts, or greafer if required by la��v or other legal agreement, in Exhibif I. If the contracfor's limifs of liabilit�are higher th�n tho required mfnimum limits then fhe provicler's limits shall be thls agreament's required limils, I I � I I i � Pa�� 1 of� Sched!�I� J Profas�iona' Seniic�s July 2G17 I I ` , CiEy of Dubuque Insur�nce Requirements for Professional Serv(ces INSIJRANCE SCHEDULE J (continued) Exhibit�l A) CONfMERCIAI. GENERAL LIABILITY General Aggregate Limit $2,000,000 Producfs-Completed Operations Aggregafs Limif $1,000,000 � Personal and Advertising Injury Limik $1,000,000 Each Occurrerice $�,OOp,000 Fire Damage Limlt(any one occurrence) $50,000 Me�lical Payments $5,000 1) Coverage shall be avrilfen on an occurrence, not claims made, form, The general liability coverage shall be writfen in accord with ISO form CG0001 or bus(ness owners form BP0002,All deviaflons from the standard ISO commercial general (iability form CG 0001, or business o��m�rs form BP 0002, shall be clearly (dentified. 2) Include ISO endorsement form CG 25 04"Deslgnated Location(s)General Aggrec�ate LImiY'or CG 25 03"Designated Construction Project(s)General Aggregats L(mit"as appropriate. � ' 3) Include endorsement indicating that coverage is primary and non-contributory, 4) Inclucle Preservafion of Governmenfal Immunities Endorsement. (Sample attached). 5) Include an endorsement fhat deletas any fello��ni employee exclusion. 6) Include adclifional (nsur�d endorsement for; ' The City of Dubuque, including all its elected and appolnted offic(als, all Its `� ernployees and volunfeers, �II Its boards,commisslons and/or aufhorfties and . their board members, employees and volunteers. Use ISO form CG 2026, 7) Policy shall Include V�Jaiver of Right to Recover from Others endorssment. B) AUTOMOBILE LIABILITY Combined Single Lim(t $1,000,000 C) WO�KERS' COMPENSATION & EMPL,OYERS I,IABILITY Stafutory benefits covering all employees injured on lhe job by accident or diseasa as prescribecl by lowa Code Chapfer 85 as amended, Co��erage A Statutory—Scale of lowa Coverage B Employers Liabllity Each Accid�nt $100,000 Each Employe�-Disaaso $100,000 Policy Llrrit-Diseasa $500,000 Polia/shal( include Waiver of Rirht to R�cover from Others endorsement, (�fonelaction of V'/orkers' Compensa'ion or Employers' Liabiliky Coveraga unciar lo�,va Code s�c. 87,22 _yes _for�n aft��heJ � Pay�� 2 of=F Sch��!ile J Frclassional Sa,�vicas Ju1y 2017 ' . City of Dubuque Insurance Requirements for Professional Services fNSURANCE SGHEDULE J (continued) D) UMBRELLA/EXCESS LIABILITY $1,000,000 Umbrella/excess liability coverage must be af leasf follo�riing form with lhe unclerlying policies included herein, �) PROFESSIONAL LIABIL.ITY $1,000,000 Provide evidence of coverage for 5 years after completion of project, F) CYBER LIABILITY �1,000,000 X yes _no Coverac�e for First�ncl Third Parly liability including but not limited to lost data �nd restora:ion, loss of income and cyber breacl7 of information, � ...4 : � . '� �,,:r� Paga 3 ef� Sche�l�l� J Pro�as�ion�l S�rvices July?O i 7 I , ' City of Dubuque Insuranca Requirements for Professfonal Services �; PR�SERVAT(ON OF GOVERNM�NT/�L IMMUNITIES ENDORSEMENT 1, Nonwaiver of Governmental Immunlfv The insurer expressly�grees and states that the purchase of this policy and fhe including of the City of Dubuque, lowa as an Additional insured does noE waive any of the defenses of governmental fmmunify available fo the City of Dubuque, lowa under Code of lo�r�a � Section 670,4 as It Is now ex(sfs and as It may be amended from time to fime, 2, Claims Coveraqe The insurer furfl�er agrees that this policy of Insurance shall cover only those ciaims not subJect to fhe defense of governmental(mmunity under the Code of lowa Section 670,4 as it no��exists and as it may be amended from t(me to time. Those cla(ms not subject to Code of lowa Seclion 670,4 siiall be covered by the terms and conditions of this fnsurance policy, 3, Assertion of Government Immunitv The City of Dubuque, lowa shall be responsible for asserting any deFense oF governmenfal Immuni�y, and may do so at any fime�nd sh�ll do so upon the timely written request of the insurer, 4, Non-Denlal of Coveraae The(nsurer shali not deny coverage under this policy and fhe insurer shall not deny any of the rights ancl benefifs accruing to the Clty af Dubuque, lowa under this policy for reasons of governmental Immunify unless and unfil a court of competent Jur(sdictlon has ruled in favor of the dofense(s) of governmenfal(mmunity asserted by the City of Dubuque, lowa, No Other Chanqe in Polic�The above preserva�ion of governmental immunitfes shall not ofherv�iise change or alter th� coverage available under the policy. ��) I � (DEPARTMENT NIANAGER; F'ILL IN ALL eLANKS AND CHECK BOXES) � i � i I I I i � .. �� I � � P�g�4 cf 4 Scnadule J Pro��ssicna! Servic�� Ju!y 2017 I I ( I