The URL can be used to link to this page

Integrated Parking Service (I PS) Smart Parking Pilot Copyrighted November 18, 2019 City of Dubuque Consent Items # 17. ITEM TITLE: Integrated Parking Service (I PS) Smart Parking Pilot SUMMARY: City Manager recommending approval to enter into an agreement with I PS Group, I nc. to implement a 60-day smart parking pilot with the option to extend an additional 30 days. SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Approve ATTACHMENTS: Description Type Transporfation Services IPS Pilot-MVM Memo City Manager Memo Staff Memo Staff Memo Transporfation Services Parking Division— IPS Pilot 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: Transportation Services Parking Division — IPS Pilot DATE: November 5, 2019 Director of Transportation Services Renee Tyler recommends City Council approval to enter into an agreement with IPS Group, Inc. to implement a 60-day smart parking pilot with the option to extend an additional 30 days. The ability to demo these products will help the City to develop a Request for Proposals for the creation of a Smarter Parking Platform. The pilot will include full parking enforcement and the utilization of all smart tool data gathering capabilities. IPS is not charging the City for any equipment during the pilot period. 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 Renee Tyler, Director of Transportation Services uuu� . . � ��c� � ��N��a� � i r r � � zo�1��2�� ' � �!I � ' I � � � � � ' � � � � � � � � - � ' � � � ' � � « �� ' . � ' � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � ' � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �' � � � � � � � � � � � � � � � � � ' � � � � � � � � � � � � � � � � � � � � � AGREEMENT TO TRIAL PARKING METER EQUIPMENT AND RELATED SERVICES This Agreement To Trial Parking Meter Eguipment And Related Services �� ("Agreement"), dated for reference purposes the:� " day of �l� 2019, is made and entered into by and between the Ciry of Dubuque, [owa,a municip 1 corporation("City"),and IPS GROUP, INC., a Pennsylvania corporation ("IPS"), collectively (the "parties") with reference to the following: RECITALS WHEREAS, City desires to contract with [PS to perform a parking technology field test within the City of Dubuque using the [PS Parking Equipment (the "EquipmenY') and related services(the"Services") listed in Attachment A. Now,therefore,the parties agree as follows: I TERMS AND CONDITIONS 1. Term of Agreement. 1.1. Initial Term.The term of the Agreement means the period from the date when it has been executed by both parties and will be in effect for a period of sixty (60) � days thereafter[the"Initial Term"). 1.2. Option to Extend.City shall have the option to extend the term of the Agreement for additional thirty (30) day increments, with the mutual written agreement of both parties. Z. IPS Services. 2.1. Scope of Services. IPS agrees to diligently undertake, perform, and complete the Services described in Attachment A with the Equipment described in Attachment A, 3. City Services&Responsibilities.City agrees to: 3.1. Make available to IPS any currently existing documents, data or information required for the performance of the Services, including any material updates therein. 3.2. Designate a representative authorized to act on behalf of City. 3.3. Keep, at its own cost and expense, the Equipment in good repair, condition and working order. 3.4. Notify IPS of any need For warranty repair work and will coordinate the return process with IPS. 3.5. Provide first line of preventative maintenance for all meter mechanisms for the 082119ba1 term of this Agreement. 3.6. Use the Equipment in the proper manner and shall comply with and conform to all national, state, and local laws and regulations in any way relating to the possession,use or maintenance of the Equipment. 3.7. Be fully responsible, at its own cost and expense, to provide and maintain a merchant account and associated merchant account services using a City � designated third party provider. 4. Equipment Delivery and Installation. 4.1. IPS shall deliver new, fully-tested Equipment. No used or previously owned equipment will be allowed. I 4.2. Coordinated installation of all Equipment will take place during standard business hours. 4.3. City staff, in conjunction with IPS staff, will inspect the Equipment following installation to ensure proper installation and operation. Unless otherwise notified in writing, the Equipment shall be deemed accepted at the time of installation of the Equipment, but no later than ten (10) business days following completed � installation or thirty(30)days following delivery,whichever occurs first. 5. Compensation 5.1. City wil] compensate IPS for the purchase of the Equipment and the Software, as set forth in Attachment A. 5.2. City further agrees to pay to IPS the amounts specified in Attachment A on a net 30-day basis from the date of invoice. 5.3. City agrees to promptly notify IPS in writing of any dispute with any invoice, and that invoices for which no such notification is made within 10 business days after receipt of the invoice shall be deemed accepted by City. 5.4. Pricing shall remain fixed during the Initial Term. After the Initial Term, IPS shall have the right to adjust Agreement pricing due to increases in inflation as published by the U.S. Bureau of Labor Statistics for All Items Consumer Price [ndex for All Urban Consumers (CPI-U) for the U.S. Ciry Average but such increases shall not exceed 3%compounded annually. 6. Warranties. 6.1. IPS shall provide a hill 12-month warranty on all Equipment as described in Attachment A, IPS Limited Warranty, Extended warranties are available for an additional fee. 6.2. IPS shall provide technical support via telephone Mondays through Fridays from 8:00 AIvI to 4:00 PIVI PS"P. IPS shall provide on-site technical support within 24 hours Mondays through Fridays from 8:00 AM to 4:00 PM. IPS shal] ensure the � availability of current manuals and shall provide all manuals for any Future upgraded or new services. 6.3. [PS shall bear risk of loss of the Equipment, including any damage sustained during transportation to the delivery site. Risk shall pass to City upon delivery. Transfer of title to Equipment shall pass to City upon payment. 6.4. THE WARRANTIES CONTAINED IN THE AGREEMENT DOCUMENTS ARE [PS's SOLE AND EXCLUSIVE WARRANTIES. THE EXTENT OF IPS's LIABILITY FOR A WARRA[VTY CLAIM IS LIMITED TO THE REPAIR OR REPLACEMENT OF THE DEFECTIVE EQUIPMENT. IPS AFFIRNIATIVELY EXCLUDES ANY AND ALL OTHER WARRA[VT[ES, CONDITIONS, OR REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), WITH RESPECT TO THE SERV[CES PROVIDED INCLUDWG I ANY AND ALL IMPLIED WARRANTIES OR COND[T[0[VS OF TITLE, MERCHANTAB[LITY, OR FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT IPS KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE)WHETHER ARISING BY LAW OR BY REASON OF CUSTOM OF THE TRADE. 7. Intellectual Property and Confidential Information. 7.1. City exclusively and solely owns all City Data and the intellectual property therein. IPS further agrees to execute any documents necessary for City to perfect, memorialize, or record City's ownership rights in City Data. For purposes of this Agreement, "City Data" means all intellectual property of City, including but not limited to occupancy data, financial records, programming configurations of the parking meters, GIS location and rates, and other operational data and tailored operational programming. 7.2. IPS may not provide or disclose any City Data to any third party without City's prior written consent. 7.3. Any subcontract entered into by IPS relating to this Agreement, to the extent allowed hereunder, must include a like intellectual property provision to ensure that City's ownership rights in City Data are preserved and protected as intended in this Agreement. Failure of IPS to comply with this requirement or to obtain the compliance of its subcontractors with such obligations constitutes a breach of this Agreement and will subject IPS to damages paid to City and the imposition of all sanctions allowed by law, including but not limited to termination of this Agreement. 7.4. IPS represents and warrants that it owns or has acquired all requisite rights and licenses to use all intellectual property embodied, practiced or employed in the Equipment and Software. 7.5. [PS hereby grants to City, including its departments, commissioners, officials, officers,employees,consultants,and agents,all the rights and licenses required to use the Equipment and Software. Such rights and licenses are non-assignable, 3 non-transferable and non-exclusive, and specific only to use within the City of Dubuque. 7.6. All pre-existing and independently developed intellectual property, and any derivation thereof, including but not limited to designs, models, inventions, processes, methodologies, software, associated documentation, software upgrades, modifications and customizations, copyrightable material and other tangible and intangible materials authored, and combinations thereof, prepared, created, made, delivered, conceived or reduced to practice, in whole or in part, by IPS and provided to City ("Pre-Existing and Independently Developed IP") will at all times remain the sole and exclusive property of IPS and/or its vendors. Nothing in this Section or elsewhere in this Agreement shall be construed as assigning, selling, conveying, or otherwise transferring any ownership rights or title in IPS Pre-Existing and Independently Developed IP. 7.7. IPS understands the nature of public information and the requirement for City to adhere to all rules and laws that apply to public information,such as the Freedom I of Information Act, Public Records Act, and the like. However, City also understands that the IPS Equipment and Software contain intellectual property, copyrights, and trade secrets that do not exist in the public domain. Therefore, City agrees that it shall not knowingly agree,assist,or sell any Equipment or allow any third party to gain access to Equipment,Software,or documentation provided by IPS for the purposes of reverse engineering or evaluation without the prior written consent of IPS,or as mandated by applicable law. 7.8. The provisions of this Section will survive expiration or termination of this Agreement. 8. Dispute Resolution. 8.1. If any dispute arises out of or relates to this Agreement, or the breach thereof,the parties agree to meet and confer and negotiate in good faith prior to initiating a suit for damages. However, this Section does not prohibit the filing of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief. Either party may make a written request for a meeting between representatives of each party within 14 calendar days after receipt of the request or such later period as agreed by the parties. Each party shall include, at a minimum and to the extent possible, one senior level individual with decision-making authority regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith to negotiate a resolution of the dispute. [f, within 30 calendar days after such meeting, the parties have not succeeded in negotiating a resolution of the dispute, they will proceed directly to mediation via a mutually agreed third party,with the cost of inediation equally shared between City and IPS or as otherwise agreed to between the parties.Negotiation may be waived by a written agreement signed by both parties, in which event the parties may proceed directly to mediation as described above. 4 9. Termination of Agreement. 9.1. If either City or IPS violates any material term or condition of this�lgreemcnt or fails to fulfill in a timely and proper manner its obligations under this Agreement, then the aggrieved party must give the other party (the "responsible party") written notice of such failure or violation.The responsible party must correct the violation or failure within 30 calendar days or as otherwise mutually agreed.If the failure or violation is not corrected, this Agreement may be terminated immediately by written notice by the aggrieved party. The option to terminate will be at the sole discretion of the aggrieved party. 10. Insurance. 10.1. IPS will provide insurance as described in the Insurance Schedule attached hereto at all times while perforTning the Services. 11. Defense and Indemnification. 11.1. IPS agrees to defend and indemnify City,its City Council,boards and commissions, officers, agents, and employees (collectively, the "[ndemnified Parties") From and against losses, claims, expenses (including, but not limited to, reasonable attorneys' fees), costs, liabilities or damages (collectively, "Losses") arising from IPS's breach of its obligations under this Agreement, arising from IPS's acts or omissions, for any Losses incurred by or asserted against any one or more or all of the Indemnified Parties by reason of damage to property or injury to, or death of, any person, caused by the acts, omissions, or negligence of [PS, its employees, agents or contractors. IPS shall not be responsible for any Losses attributable to acts,omissions,or negligence of the Indemnified Parties. 11.2. Notwithstanding the foregoing, this indemnification shall not apply to claims made by third parties in instances in which (a) IPS simply followed the directions or instructions provided by City; (b) City changed,modified or altered the services rendered or tasks performed by [PS such that, absent City's actions, no such claims would have been brought against IPS and/or City; or (c) the ciaims asserted by a third party derive from the combination of technology and/or intellectual property of IPS when used with City's owned or licensed technology and/or intellectual property such that, absent such combination, no such claims could have independently been brought by or against IPS. 11.3. In order for City to obtain the indemnification from IPS specified herein, City must: (a) promptly notify IPS in writing of the claims For which indemnification is sought; (b) provide IPS with copies of all pleadings, writings and documents pertaining to such claim; (c)permit IPS to control the defense of such claim and all settlement discussions in regards to resolving such claim; and (d) provide reasonable cooperation to IPS in regards to the litigation or negotiation of a resolution of such claim. Notwithstanding the foregoing sentence, IPS will not enter into any settlement without City's prior written consent, unless all third- 5 party claims against City are released without any further liability on City's part. This paragraph shall survive the termination or expiration of this Agreement. 11.4. Nothing in this Agreement shall constitute any form of real or implied revenue guarantee by IPS. ll.5. Limits of Liability: NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT TO THE CONTRARY, IN NO EVENT SHALL EITHER PARTY BE RESPONSIBLE FOR SPECIAL, [ND[RECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNIT[VE DAMAGES OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION, LOST PROF(TS, LOST REVENUES OR OTHER MONETARY LOSS,ARISING OUT OF OR RELATED TO THIS AGREEMENTA[VD ANY ACTIONS OR OMISSIONS WITH RESPECT THERETO, WHETHER OR NOT ANY SUCH MATTERS OR CAUSES ARE WITHIN A PARTY'S CONTROL OR DUE TO NEGLIGENCE OR OTHER FAULT ON THE PART OF A PARTY, ITS AGENTS,AFFILIATES, EMPLOYEES OR OTHER REPRESENTATIVES, AND REGARDLESS OF WHETHER SUCH LIABILITY ARISES IN TORT, CONTRACT, BREACH OF WARRANTY OR OTHERW[SE. 12. Liens and Taxes. " I 12.1. City shall keep the Equipment free and clear of all levies,liens,and encumbrances, except those created by this Agreement. City shall pay,when due, all charges and taxes (local, state, and federal), which may now or hereafter be imposed in conjunction with this Agreement. 13. Notices. 13.1. All notices under this Agreement must be in writing, shall refer to the title and effective date of this Agreement, and shall be sufficient if given personally, sent and confirmed electronically, or mailed certified, return receipt requested, postage prepaid, and at the address hereinafter set forth or to such address as such party may provide in writing from time to time. Any such notice will be deemed to have been received five days subsequent to mailing. Notices shall be sent to the following addresses: �ps� Municipality: IPS Group,Inc. City of Dubuque,Iowa 7737 Kenamar Court. 50 w.13ih Street San Diego,CA 92121 Dubuque, [A 52001 Attn: Chad Randall Attn:City Manager chad.randall@ipsgroupinc.com ctymgr@cityofdubuque.org Tel: 858-4040-0607 Tel: 563-589-4110 14. Relationship of the Parties. 14.1. This Agreement shall not be construed as creating an agency, partnership, joint venture or any other form of association between the parties, and both parties shall be and remain independent entities. Neither party has the right or authority, 6 express or implied,to assume or create any obligation of any kind,or to make any representation or warranty,on behalf of the other party or to bind the other parry in any respect whatsoever,except as otherwise provided in this Agreement. 15. Assignment. 15.1. Should City enter into an agreement with a third party for parking operations during the term of this Agreement, IPS shall provide that operator the same rights, terms,and conditions as included in this Agreement.Such assignment shall not be effective unless and until City has provided notice to the IPS of such assignment, and any such third party will be required to adhere to all terms and conditions contained herein. 15.2. IPS may not assign,hypothecate or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written � consent of City,which shall not be unreasonably withheld. 16. General Provisions. 16.1. Waiver.A waiver of any breach of this Agreement shall not be deemed a waiver of any subsequent breach of the same or any other term, covenant or condition of this Agreement. No delay or failure on the part of either party to insist on compliance with any provision of this Agreement shall constitute a waiver of such party's right to enforce such provision, no matter the length of the delay. [n the case of any granted waiver by the consenting Party, which must be provided in writing, such waiver shall not constitute a waiver of the same obligation or any other obligation under this Agreement. 16.2. ModiFication or Amendment. No oral modifications shall be effective, and nothing shall be deemed as a modification of this Agreement unless provided in writing and signed by both Parties. 16.3. Entire Agreement. This Agreement sets forth the entire agreement between the parties with respect to the subject matter hereo£ Understandings, agreements, representations or warranties not contained in this Agreement, or as written amendment hereto, shall not be binding on either party. Except as provided herein, no alteration of any terms, conditions, delivery, price, quality or specifications of this Agreement shall be binding on either party without the written consent of both parties. 16.4. Integration. This Agreement may be executed in multiple counterparts each of which shall be deemed an original, but all of such taken together shall constitute only one Agreement, superseding all prior understandings, oral or written; and it is expressly understood that this Agreement does not obligate either party to enter into any other or further agreements. 16.5. Governing Law. This Agreement shall not be construed against either party regardless of which party drafted it. This Agreement shalt be construed and 7 enforced according to the laws of the State of lowa, without regard to conflict-of- laws principles,and all local laws,ordinances,rules,and regulations. 16.6. Venue and Jurisdiction.City and IPS agree that the venue for any action arising out of this Agreement shall be exclusively in the [owa District Court for Dubuque County, Iowa. The parties further agree that such court will have personal jurisdiction over the parties to this Agreement. 16.7. Attorney's Fees. If any suit, action, arbitration or other proceeding is instituted upon this Agreement or to enforce rights,judgments or otherwise pursue, defend or litigate issues, or any other controversy arises from this Agreement, the prevailing party shall be entitled to recover from the other party and the other party agrees to pay the prevailing party, in addition to costs and disbursements allowed by law, such sum as the court, arbitrator or other adjudicator may adjudge reasonable as an attorneys fee in such suit, action, arbitration or other proceeding, and in any appeal. Such sum shall include an amount estimated by the court, arbitrator or adjudicator, as the reasonable costs and fees to be incurred in collecting any monetary judgment or award or otherwise enforcing each award, order, judgment or decree entered in such suit, action or other proceeding. 16.8. Force Majeure. If any party is prevented from performing its obligations stated in this Agreement and not within the reasonabfe control of that party, including, but I not limited to, acts oF God, war, civil disturbance, insurrection, civil commotion, destruction of production facilities or materials by earthquake, fire, flood or storm, labor disturbances including strikes or lockouts or epidemic, and failures oF public utilities (such as internet, cellular network, and electricity), it shall not be in default in the performance of its obligations stated in this Agreement. Provided,however,any party delayed by such an event shall request an extension of time to perform its obligations stated in this Agreement by notifying the party to which it is obligated within ten days following the event. [f the notified party agrees that the event was the cause of the delay, the time to perform the obligations stated in this Agreement shall be extended by the number of days of delay caused by the event. If the required notice is not given by the delayed party, no time extension shall be granted. [f any event of force majeure exists for a continuous period of more than 120 days, then either party shall be entitled to terminate this Agreement without being liable for any claim Erom the other party. 16.9. Severability. If any provision in this Agreement is determined to be invalid,illegal or unenforceable, that determination shall not affect the validity, legality or enforceability of the remaining provisions stated in any section or sub-section of this Agreement unless that eFfect is made impossible by the absence of the omitted provision. 16.10.Authorization. Both parties represent and warrant that the person executing this Agreement on behalf of each party is an authorized agent who has actual authority 8 to bind each party to each and every term, condition, and obligation of this Agreement and that all requirements of each party have been fulfilled to provide such actual authority. 16.11.Binding Document. City and IPS each binds itself,its partners, successors,assigns, and legal representatives to the other party hereto in respect to all covenants, conditions,and obligations contained in the Agreement. 16.12.Section Headings.All section headings in this Agreement are for the convenience of reference and are not intended to define or limit the scope of any provision of this Agreement. 16.13.Survival of Provisions and Obligations.Any provision of this Agreement,which by its nature must be exercised after termination of this Agreement, will survive termination and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement. SIGNATURE PAGE FOLLOWS 9 In witness whereof,the parties have caused this Agreement to be executed the day and year first above written. CITY OF DUBUQUE [PS GROUP,INC., a municipal corporation a Pennsylvania corporation �, - � ! ��-�----- ;� � (; �� . � ��^ By� BY� ,.-�.'`"`�_.... r CHAD P.RANDALL Printed Name: M i c h a e 1 C . l/a n P9 i 11 i g e n Chief Operating Officer Title: City Manager F:\USERS\tsteckle\Lindahl\Agreements\IPS City Field Trial Agreement for The City of Dubuque_IA_082119ba1 DRAFT.doc 1� ATTACHMENT A SCOPE OF SERVICES�PRICING � .. �i'; M5 Single Space Parking Meter TBD Each N/A trial M-90 Meter Housing TBD Each N/A trial M5 Single Space Parking Meter Rental Fee for Per unit per TBD $15.00 extended trail period month Secure Wireless Data Fee and Meter Management $5.75 (Monthly Per unit per fee waved for System Software License Fee if the trial exceeds TBD month 90-day trial ninety(90)days, monthly fees will apply. period) M5 Secure Credit Card Payment Gateway Fee Per transaction $0.13 .. . .. • MS1 TBD Each N/A trial $25.00(Only Per unit per applicable if trial MS1 Rental Fee for extended trial period TBD month goes beyond 90 days) MS1 Secure Credit Card Payment Gateway Fee (Off-street) Per transaction $0.13 MS1 Secure Wireless Data Fee and Meter Management System Software License Fee if the Per unit per TBD $25.00 trial exceeds ninety (90) days, monthly fees will month apply.(Off-street) MS1 Gateway Fees(On-street) Per transaction included Per unit per MS1 ongoing fees after trial period(On-street) TBD $55 month ��OTE: .-1/l prrch��rg does not inchrde nny rec�adrecl permits or npplicnb(e state o��locn!ta��es thnt are re�larirec!!o be parc! bv Crtti�ctn�rentlr oi•in the funu�e. ll INSURANCESCHEDULE 12 City of Dubuque Insurance Requirements for Vendors(Suppliers,Service Providers) INSURANCE SCHEDULE G 1. IPS shall furnish a signed certificate of insurance to the City of Dubuque, lowa for the coverage required in Exhibit I prior to the contract commencement. Each certificate shall be prepared on the most current ACORD form approved by the lowa Insurance Division or an equivalent. Each certificate shall include a statement under Description of Operations as to why the certificate�roas issued. 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in lov�ra and all insurers shall have a rating of A or better in the current A.M. BesYs Rating Guide. 3. Each certificate shall be furnished to the Finance Department of the City of Dubuque. 4. The vendor shall be required to carry the minimum coverage/limits,or greater if required by law or other legal agreement; in Exhibit I. Failure to provide the required minimum coverage shall not be deemed a waiver of such requirements by the City of Dubuque. 5. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. I 6. All required endorsements shall be attached to certificate. 7. Whenever a specific ISO form is referenced the current edition of the form must be used unless an equivalent form is approved by the Director of Finance and Budget. The vendor must identify or list in writing all deviations and exclusions from the ISO form. 8. If vendor's limits of liability are higher than the required minimum limits then the vendor's limits shall be this agreemenYs required limits. 9. Vendor shall require all subcontractors and sub-subcontractors to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurance from all such subcontractors and sub-subcontractors. Vendor agrees that it shall be liable for the failure of a subcontractor and sub-subcontractor to obtain and maintain such coverage. The City may request a copy of such certificates from the Vendor. '10. Vendor shall be responsible for deductibles and self-insured retention. I Page 1 of 4 Schedule G Vendors May 2019 13 City of Dubuque Insurance Requirements for Vendors(Suppliers,Service Providers) INSURANCE SCHEDULE G (continued) EXHIBIT I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit 52,000;000 Products-Completed Operations Aggregate Limit �1;000;000 Personal and Advertising Injury Limit �1;000,000 Each Occurrence �1;OOO,Q00 Fire Damage Limit(any one occurrence) 550,000 Medical Payments S5,000 1) Coverage shall be N�ritten on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISa form CG 00 01 or business o�.vners form BP 00 02. All deviations from the standard ISO commercial general liability form CG 00 01;or Business owners form BP 00 02, shall be clearly identified. 2) Include ISO endorsement form CG 25 04"Designated Location(s)General Aggregate Limit.' 3) Include endorsement indicating that coverage is primary and non-contributory. 4) Include Preservation of Governmental Immunities Endorsement(Sample attached). 5} Include additional insured endorsement for: 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. Use ISO form CG 20 10 (Ongoing operations)or its equivalent. 6) Policy shall include Waiver of Right to Recover from Others endorsement. 7) If vendor utilizes Trikkes or Segways in the conduct of business, include an endorsement reflecting that these vehicles are not excluded from Commercial General Liability coverage. 8} Policy shall include Waiver of Right to Recover from Others endorsement. B) WORKERS'COMPENSATION 8�EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by lov,.�a Code Chapter 85. Coverage A Statutory—State of lowa Coverage B Employers Liability Each Accident $100.000 Each Employee-Disease $100;0�0 Policy Limit-Disease $500,000 Policy shall include Waiver of Right to Recover from Others endorsement. Coverage B limits shall be greater if required by the umbrella/excess insurer. OR Nonelection of Workers'Compensation or Employers'Liability Coverage under lowa Code sec. 87.22. Completed form must be attached. Page 2 of 4 Schedule G Vendors May 2019 14 City of Dubuque Insurance Requirements for Vendors(Suppliers,Service Providers) INSURANCE SCHEDULE G (continued) C) POLLUTION LIABILITY I Coverage required: _yes X no Pollution liability coverage shall be required if the lessee,contracting pariy, or permittee has any pollution exposure for abatement of hazardous or contaminated materials including, but not limited to, petroleum products, the removal of lead, asbestos,or PCBs. Pollution product and completed operations coverage shall also be covered. Each Occurrence �2;000,000 Policy Aggregate �4,000,000 1) Policy to include job site and transportation coverage. 2) Include additional insured for: The City of Dubuque, including all its elected and appointed officials; all its employees and volunteers; all its boards,commissions andlor authorities and their board members, employees and volunteers. Use ISO form CG 20 10. (Ongoing operations)or its equivalent and CG 20 37(competed operations). 3) Include Preservation of Governmental Immunities Endorsement. 4) Provide evidence of coverage for 5 years after completion of project. D} PROFESSIONAL LIABILITY �1,�00;000 Coverage required: X yes _no Provide evidence of coverage for�years after completion of project. E� CYBER LIABILITY 51,000;000 Coverage required: 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. F) UMBRELLAIEXCESS �1,000;�00 X yes _no Umbrella liability coverage must be at least follo�xing form w�ith the underlying policies included herein(General Liability, Automobile,Workers Compensation). Page 3 of 4 Schedule G Vendors May 2019 15 City of Dubuque Insurance Requirements for Vendors{Suppliers,Service Providers) PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. NornNaiver of Governmental Immunitv.The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, lowa as an Additional insured does not waive any of the defenses of governmental immunity available to the City 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 further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of lo�rva Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of lo�,ya Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government ImmunitV.The City of Dubuque; low!a shall be responsible for asserting any defense of governmental immunity,and may do so at any time and shall do so upon the timely Nrritten request of the insurer. 4. Non-Denial of Coveraqe.The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, lowa 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 Ciry of Dubuque, lo�va. No Other Chanqe in Policv.The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 4 of 4 Schedule G Vendors May 2019 16