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Community Foundation of Greater Dubuque Project HOPE AgreementMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Agreement with the Community Foundation of Greater Dubuque for services relating to Project H.O.P.E. DATE: August 9, 2010 Dubuque htill A1- Anerfcacity 111 r 2007 Project HOPE is intended to convene area workforce development agencies, City staff and educational institutions, in a challenge to respond to the needs of the unemployed and /or under - employed. The community has begun a discussion on how to reach these residents, who are traditionally cut off from opportunities for advancement, due to social, cultural or educational barriers. Another objective of Project HOPE is to establish inter- agency programs specifically designed to provide opportunities to these citizens, and to find ways of over - coming barriers to their participation in the job market. Since July 2008, the City has annually contracted with the Community Foundation of Greater Dubuque to manage Project HOPE. Economic Development Director Dave Heiar recommends City Council approval of a contract for services with Community Foundation of Greater Dubuque to assist in achieving the Project HOPE objections. This annual contract will be through June 30, 2011, at an estimated cost of $69,445. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:jh Attachment cc: Nancy Van Milligen, President and Chief Operating Officer, Community Foundation of Greater Dubuque Eric Dregne, Vice - President for Strategic Initiatives, Community Foundation of Greater Dubuque Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager David J. Heiar, Economic Development Director Masterpiece on the Mississippi Dubuque AFAmala y f 2007 TO: Michael Van Milligen, City Manager (� FROM: David J. Heiar, Economic Development Director\ SUBJECT: Agreement with the Community Foundation of Greater Dubuque for services relating to Project H.O.P.E. DATE: August 6, 2010 INTRODUCTION This memorandum presents for City Council approval of a contract of services with the Community Foundation of Greater Dubuque for services relating to Project H.O.P.E. (Helping Our People Excel), an initiative of the City of Dubuque. BACKGROUND Project HOPE is intended to convene area workforce development agencies, City staff and educational institutions, in a challenge to respond to the needs of the unemployed and /or under- employed. The community has begun a discussion on how to reach these residents, who are traditionally cut off from opportunities for advancement, due to social, cultural or educational barriers. Another objective of Project HOPE is to establish inter - agency programs specifically designed to provide opportunities to these citizens, and to find ways of over - coming barriers to their participation in the job market. Since July 2008, the City has annually contracted with the Community Foundation of Greater Dubuque to manage Project HOPE. Over the past couple of years, the contract services were guided by Tara Nelson and Alyssa Hauser. Recently, the Foundation has initiated an internal reorganization and has announced the hiring of Eric Dregne as the Vice President of Stragegic Initiatives. Mr. Dregne will oversee the staffing associated with the Project HOPE contract. The proposed scope of services (Attachment A of the contract) has been revised to better reflect the immediate needs of this initiative. RECOMMENDATION I am recommending that the City approve a new contract thru the end of this fiscal year (June 30, 2011) at an estimated cost of $69,445 which was included in the 2010 -11 budget. ACTION STEP I recommend that the City Council approve the contract of services with the Community Foundation of Greater Dubuque to assist in achieving the Project HOPE objectives. Attachments F: \USERS \Econ Dev\Project Hope\Memos\20100806 Memo Council Project HOPE Agreement FY11.doc AGREEMENT BETWEEN CITY OF DUBUQUE, IOWA AND COMMUNITY FOUNDATION OF GREATER DUBUQUE This Agreement, dated for reference purposes the 1st day of July, 2010, is made and entered into by and between City of Dubuque with offices at 350 West 6th Street, Dubuque, IA, 52001 (City) and the Community Foundation of Greater Dubuque, an Iowa Non - Profit Corporation with offices at 700 Locust Street Suite 195, Dubuque, Iowa 52001 (Foundation). WHEREAS, City desires to engage the services of Foundation to furnish professional and technical assistance in connection with Project H.O.P.E. (Helping Our People Excel) as described in Attachment A (the Scope of the Work), and Foundation has signified its willingness to furnish such services to City. NOW THEREFORE, the parties hereto do mutually agree as follows: SECTION 1. SCOPE OF FOUNDATION'S SERVICES. Foundation agrees to commence work upon execution of this Agreement by both parties, and to fully perform the services described in the Scope of the Work. SECTION 2. SERVICES TO BE PROVIDED BY CITY. 2.1 City designates its Economic Development Director to act as its representative with respect to the work to be performed under this Agreement, and such person shall have authority to transmit instructions, receive information, interpret and define City's policies and provide decisions in a timely manner pertinent to the work covered by this Agreement until Foundation has been advised in writing by City that such authority has been revoked. 2.2 In the event that any reports, records and maps are existing and available and are useful to carry out the work on the Scope of the Work, City shall promptly furnish such material to Foundation. SECTION 3. CHANGES. City may, from time to time, require or request changes in the Scope of the Work to be performed hereunder. Any such change, including any appropriate increase or decrease in the amount of compensation, shall be by amendment to this Agreement. 1 SECTION 4. FOUNDATION'S COMPENSATION. Foundation shall provide all services in the Scope of the Work Services for a fixed monthly fee of Five Thousand Seven Hundred Eighty -Seven Dollars ($5,787). Compensation is based on the budget as shown in Attachment B. Any compensation above that amount shall only be allowed by amendment to this Agreement. SECTION 5. METHOD OF PAYMENT. Foundation shall submit monthly invoices for the fee provided in Section 4. SECTION 6. TIME OF PERFORMANCE. This Agreement shall commence on the 1st day of July, 2010, and shall terminate on June 30, 2011. SECTION 7. EXCUSABLE DELAYS. Foundation shall not be in default by reason of any failure in performance of this Agreement in accordance with its terms (including any failure by Foundation to make progress in the prosecution of the work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of Foundation. Such causes may include, but are not limited to, acts of God, or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, illness, accidents, freight embargoes, and unusually severe weather, but in every case the failure to perform must be beyond the control, and without the fault or negligence of Foundation. SECTION 8. TERMINATION. City and Foundation shall have the right to terminate this Agreement for any reason, with or without cause, by written notice delivered to the other party not less than thirty (30) days prior to the date of such termination. In such event, all finished and unfinished documents prepared by Foundation under this Agreement shall be delivered to City upon payment of all invoices due Foundation under the terms of this Agreement. SECTION 9. CONFLICT OF INTEREST. Foundation certifies that to the best of its knowledge, no City employee or agent has any interest, direct or indirect, in this Agreement. SECTION 10. PERSONNEL. All services required to be provided by Foundation shall be performed by Foundation. Foundation represents that it has, or will secure at its own expense, all fully qualified personnel required to carry out and perform the Scope of the Work. No Foundation personnel shall be employees of City. SECTION 11. HOLD HARMLESS. 11.1 City shall defend, indemnify, and hold Foundation harmless from and against any claims brought against Foundation for City's negligence in the performance of this Agreement. 2 11.2 Foundation shall defend, indemnify, and hold City, its officers, and employees, harmless, from and against any claims brought against City, its officers and employees, for Foundation's negligence in the performance of this Agreement. 11.3 Foundation's maximum liability, as a result of Foundation's negligence, for such claims, including any legal fees or deductibles, shall be limited to the limits of Foundation's insurance coverage. SECTION 12. INSURANCE. Foundation shall provide insurance during the period of its performance of this Agreement as set forth in the attached Insurance Schedule. COMMUNITY FOUNDATION OF GREATER DUBUQUE By:Ar Na cyV�ji Milligen Pr siclent CITY OF DUBUQUE, IOWA 3 Project HOPE — Scope of Work July 2010 Attachment A — Scope of Work 1. Convener The Project HOPE Coordinator is responsible for convening community organizations and stakeholders around various community issues, facilitate conversation and ensure action steps are being taken to address certain issues. As the convener, the Coordinator will provide meeting space, supplies, information, prepare agendas and meeting minutes, follow -up with attendees and complete any research that is needed. The important functions of the convener are to: • Serve as the neutral table Provide a space where leadership from different agencies and sectors, each with their own cultures and priorities, come together to forge a common vision and action agenda. • Help to shape a collective vision Stakeholders identify their niche and how they can contribute to the vision. • Catalyze changes in the way systems and agencies provide services Play a strong role in creating comprehensive and coordinated partnerships across sectors that allow for alignment in resources, policies and practice. • Assure collective accountability Assemble data from various systems to set priorities, goals, and benchmarks that are anchored in solid data analysis and an understanding of the need for multi - pronged interventions. • Leverage and maximize resources Use all resources — local and community based resources, state and federal resources, private funding, and discretionary and competitive funding opportunities — to maximally benefit disconnected workers. • Work with all involved to chart an agenda for action Focus on be the multiple moving parts of a system, not singular program initiatives. • Mark progress and celebrate accomplishments Identify short-run activities and opportunities that are in keeping with the vision, benchmark progress, and celebrate interim accomplishments, all while keeping attention focused on reaching the ultimate goals. • Sustain the energy and momentum Changing the education and labor market outcomes is not an overnight process, so it's imperative to find creative ways to keep the community engaged in the long -term goal. 2. Communication The communication of success, needs, gaps, and strengths in the community is essential in identifying and shaping the work of Project HOPE. The Coordinator is responsible for marketing these successes and needs as well as serving as a central resource for the community regarding how to access employment, training and educational /training opportunities, services and other community information. • Create and maintain website 4 • Create and distribute newsletter quarterly • Create basic marketing pieces for Project HOPE • Public speaking opportunities • Data collection for programs and basic demographics 3. Financial Literacy A component of Project HOPE is financial education. The Coordinator will be responsible for organizing and facilitating conversations around financial literacy, maximizing the participation in the Earned Income Tax Credit program and coordinating the start up of the Bank On Dubuque program. 4. Community Projects In addition to serving as the convener, communicator and facilitating financial literacy conversations, the Coordinator is also responsible for working with different community organizations on projects, grants and other events that are relevant to the mission of Project HOPE. (Le. Road to Success, Disability Mentoring Day) 5. Bridges Initiative a. Fiscal agent for gifts and grants only. b. Focus on the graduates of the Getting Ahead program and how Project HOPE and our partners can assist them. c. Data — develop benchmarks for monitoring progress d. Dubuque Works partner 6. Administration a. The coordinator will meet with the City Economic Development Director monthly w/ updates. b. The President/CEO or coordinator will serve on the Dubuque Works committee representing Project Hope. c. The coordinator will make a presentation to the city council at least bi- annually and submit quarterly written reports. d. The Community Foundation will accept gifts and write grants as needed. e. Data will be collected and shared as defined by the funders and the Project Hope steering committee. Six steps for the next six months 1. Formalize a collaborative structure. A collaborative body needs to be redefined. Stakeholders from across the community representing government, business, service providers, advocates, residents, media and the faith community will be engaged. 2. Select priority actions for implementation. The goal for the first meetings will be to identify priority actions from those proposed, address existing gaps and secure commitment from partners for implementation. 3. Develop benchmarks for monitoring progress. Develop goals and actions that can be used as a format to identify, monitor and report benchmarks of progress toward the long term goal of reducing rates of poverty and impacting rates of unemployment/underemployment. 4. Identify resources. Work with partners to identify resources either new or redirected for implementing the adopted actions. 5 5. Build public awareness and will. Encourage the media (print, radio and television) to commit to providing their leadership to keep the poverty issue on the minds of Dubuque residents. Build a robust communication plan, including a robust website that engages the public and provides information. 6. Continue to engage new stakeholders. Continue to engage business community members and support the public awareness strategy. 6 Attachment B — Budget Salaries 50,600 Pension /Benefits 0 FICA and Social Security 4,045 Training/Travel /Expenses 4,000 Rent 0 Office Supplies 400 Office equipment 1,000 Printing /Copying 1,200 Postage 1,200 Meeting expenses 2000 Telephone /Internet Fee 0 Marketing /PR 5,000 Total 69,445 Salaries are based on a 40 hour week for the following: 33% of the VP of Strategic Initiatives time 100% of the Program Associate's time 10% of the CEO /President's time 10% of the Administrative Assistant's time 5% of the Finance Director's time 10% of the Financial Advisor's time for Bank ON 7 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 fumish 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) Govemmental 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 8 Completion Checklist 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. Govemmental 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 simile 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. ❑ 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 9 ACORD„ CERTIFICATE OF LIABILITY INSURANCE DATEEMEDDINYTY) 12/7/2007 PRDDUCER (563) 123-4567 Insurances Agency Street Addross City ST St FAX (5 63) 987.6543 Zip Code Zip Code THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HOLDER. AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICES BELOW. INSURERS AFFORDING COVERAGE Ismune* A Insurance Company NAIC 1 mum Cerny Street City eaURER B ISURER C NISIIRER 0 IsSIJRERE THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERI00 INDICATED NOTWTTHSTAI Dl 4G ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH 1165 CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POL CIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. ExCLUSIONS AND CONOMONS OF SUCH POLICES AGOREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS NOR LTA A A A A A OVERAGES AWL INSNTp TYPE OP INSURANCE YENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLANS MADE © OCCUR GEN'L AOGREGAT APPIES PER POLCY I x I JECT n LOC AUTDIIOBRE LIANLITY X ANY AUTO _ ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON {MANED AUTOS POLICY NUMBER DA (TIE YMIDOIYY} D TEA QIMlODfYY) EACH PRIM (E oGT+o MEO EXP (Any one person) PERSONAL 4 *Dv INJURY GENERAL AGGREGATE PRODUCTS • COMPfQP AGO COMBINED SINGLE LIMIT (Ea aac+tlr +l BODILY INJURY IPr parlonl BODILY M,AMY (P{/ amorq 1,000,000 $ 50,000 5,000 z 1,000,000 z 2,000,000 : 1,000,000 z 1,0 $ x GARAGE LNOILITY ANY AUTO EXCESSRAIBREUA LIABILITY OCCUR El CLAIMS MADE DEOUCTEA E x RETENTION $ 0 MIORILER$ CGmPESSATI N AND EMPLOYER' LM4dTY ANY PROPRIETORPARTNERNEAECUTWE OFFICERREMBER EXCLUDEO'r I yea, duw0 unDr SPECIAL PROVISIONS Won OTHER Professional Liability PROPERTY DAMAGE ( soutarto AUTO ONLY - EA ACCE2ENT OTHER THAN AUTO Ora Y EACH OCCURRENCE AGGREGATE EA ACC AGO x I TORY LAMBS I I ER E L EACH ACCENT E l DISEASE - EA EMPLOYEE E L DISEASE • POLICY LIST f $ I $ s 1,000,000 ' 1 1,000,000 f f 100,000 f 100,000 $ 500,000 $1,000,000 OESCRNr'TION OF OPERAITONSA .00ATIONENEHICUIVEXCLUSIONS ADOED OY ENOORSEMENTIIPEQAL PRONSIONS The City of Dubuque is an additional insured on general liability policies including ongoing t completed operations coverage equivalent to ISO CG 2010 0704 t CG 2037 0704. General Liability policy is primary t non - contributing. Pore CG 2504 0397 "Designated Locations" general liability aggregate limit is included. Governmental immunities endorsement is included. C CERTIFICATE HOLDER CANCELLATION City of Dubuque 50 West 13th Street Dubuque, IA 52001 SHOULD ANY OP 1114 ABOVE DESCRIBED POUCES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS VANTTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, OUT PMLUIRE TO 00 SO SHALL IMPOSE NO OBLIGATION OR LIANLITY OF ANY 8440 UPON THE INSURER ITS AGENTS OR REPRESENTATIVES, AU1UD11QED REPRESENTATIVE ACORD 25 (2001/08) INS025;ol°elo6 AMS NN' Mortgage Samoans r,c ACC)321 10 O ACORD CORPORATION 1988 Page lot 2 ACORD 25 (2001!05) 1HS025 tom) os AMS IMPORTANT If the certificate holder is an ADDITIONAL INSURED. the paiicy(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 after the coverage afforded by the policies listed thereon. P a w 2d2 1 1 POLICY NUMBER: This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE COMMERCIAL GENERAL LIABILITY CG25040397 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATION(S) GENERAL AGGREGATE LIMIT 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 1), 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. My 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 CG 25 04 03 97 Page 1 of 2 12 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 Umit shown in the Declarations, such emits will be sub 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 1), and for an 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 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 wiN 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: Page 2 of 2 Copyright, insurance Services Office, Inc., 1996 13 "Location" means premises involving the same or connecting lots, 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. CG 25 04 03 97 Name Of Additional Insured Persons) 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. Locations) 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. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION 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; CG20100704 14 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. 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 v1„,or ly clo,, ie ye" eccurrif) 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. C ISO Properties, Inc., 2004 CG 20 10 07 04 15 CITY OF DUBUQUE, IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT 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 govemmental 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 16 ACORD, CERTIFICATE OF LIABILITY INSURANCE 1 6 i 2 si2oio ) PRODUCER (563) 556 -0272 FAX: (563) 556 -4425 Friedman Insurance, Inc. 880 Locust Street - Suite 200 P 0 Box 759 Dubuque IA 52004 -0759 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 Community Foundation for Greater Dubuque 700 Locust St., Ste. 150 P.O. Box 902 Dubuque IA 52004 -0902 INSURER A: Cincinnati Insurance 10677 INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES 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. AGGRFGATE LIMITS SHOWN MAY HAVF BEEN RFDUCED BY PAID CLAIMS INSR 1 TR ADD'L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM /DD/YY) POLICY EXPIRATION DATE (MM /DD/YY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY NPP4998258 3/11/2010 3/11/2011 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100 000 CLAIMS MADE X OCCUR MEDEXP(Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L X AGGREGATE LIMIT APPLIES PER: POLICY n JECT n LOC PRODUCTS - COMP /OP AGG $ 2,000,000 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESS/UMBRELLA 7 X LIABILITY OCCUR I CLAIMS MADE DEDUCTIBLE RETENTION $ 0 NPP4998258 3/11/2010 3/11/2011 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER /EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below II I TORY IMITS I I ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS CERTIFICATE HOLDER ACORD 25 (2001/08) IMCfl9C innno, no., CANCELLATION For Informational Purposes Only SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 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 Scott DeSousa, CIC /TJ © ACORD CORPORATION 1988 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. ACORD 25 (2001/08) INS025 (0108).08a Page 2 of 2