Utility Franch Ag Maq Val Elect
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MEMORANDUM
March 9, 2004
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Utility Franchise Agreement with Maquoketa Valley Electric Cooperative
Finance Director Ken TeKippe is recommending City Council consideration of a Utility
Franchise Agreement with Maquoketa Valley Electric Cooperative that will provide for a
two percent franchise fee for Maquoketa Valley Electric Cooperative customers within
the City limits and that a public hearing be set for April 5, 2004. The franchise fee will
be effective May 1, 2004.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
M,~Ai ~1:fL ~.
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Ken TeKippe, Finance Director
CITY OF DUBUQUE, IOWA
MEMORANDUM
FROM:
Michael C. Van Milligen, City Manager
Ken TeKippe, Finance Director ~ (); ~
TO:
SUBJECT: Franchise Agreement with Maquoketa Valley Electric Cooperative
DATE:
March 9, 2004
Last year, we learned that Maquoketa Valley Electric Cooperative (MVEC) was
operating in the City of Dubuque right of way without any authority from the City. MVEC
currently has approximately 210 members (customers) who are served within the City
limits. The members are located in areas annexed by the City of Dubuque in recent
years. Their largest customers are Wal-Mart and Lowe's with the vast majority of
customers being residential. Cartegraph, which is located in the City Technology Park,
is also serviced by MVEC.
Corporation Counsel Barry Lindahl and I have worked with James Lauzon,
CEO/Executive Vice President of MVEC and their legal counsel to arrive at a franchise
agreement between the City of Dubuque and Maquoketa Valley Electric Cooperative. A
proposed franchise ordinance, approved and executed by MVEC, is enclosed, as well
as a letter from Mr. Lauzon. The franchise ordinance with MVEC is very similar to the
franchise ordinances with Aquila and Alliant Energy. A two percent franchise fee,
effective May 1, 2004, is included in the MVEC franchise ordinance. The projected
annual revenue. from the franchise fee to the City is estimated to be approximately
$15,000.
I recommend that the franchise agreement be submitted to the City Council for
consideration and that a public hearing on the agreement be set for April 5, 2004.
If you have any questions on the agreement, please feel free to contact me.
KT/jg
Enclosures
cc: Barry Lindahl, Corporation Counsel
-'
RESOLUTION NO. 108-04
SETTING A PUBLIC HEARING ON A FRANCHISE AGREEMENT BETWEEN THE
CITY OF DUBUQUE, IOWA AND MAQUOKETA VALLEY ELECTRIC COOPERATIVE
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the City Council shall conduct a public hearing on a proposed
Franchise Agreement between the City of Dubuque, Iowa and Maquoketa Valley
Electric Cooperative at the Carnegie Stout Public Library Auditorium, 360 West 11th
Street, Dubuque, Iowa, on Monday, April 5, 2004, beginning at 6:30 p.m.
Section 2. That the City Clerk be and is hereby authorized and directed to
publish notice of the public hearing, according to law.
Passed, approved and adopted this 15th day of March, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
¡(,~¡{) ;J. h I (.J Y;
A Maquoketa Valley
U Electric Cooperative
March 2,2004
Mr. Ken TeKippe
Finance Director
City Hall
50 West 13th Street
Dubuque, Iowa 52001
Re: Franchise Agreement/Ordinance
Dear Ken:
Enclosed are two signed copies of the proposed ordinance for the Franchise Agreement
between the City and Maquoketa Valley Electric Cooperative. Please return one copy to
us upon being approved by the City.
The only change from the final draft is the corrected dates in section 23. You had
verbally agreed to this change. We will make our first payment to the City in May, based
on energy sold in April. Our new software will be in place in April, and will first be used
to generate bills the first week of May.
We will send copies of our tariff and maps for Dubuque once the City has returned a
signed copy of the Ordinance to us. I understand the City will act on this March 15th.
We anticipate sending letters to our Dubuque customers explaining the need for a
franchise agreement, and the new fee they will see. These letters will be sent out
sometime in late March.
Thank you again for your assistance in putting this together, and for your patience as we
converted our software systems.
Sincerely,
J~ l' ~v~
James M. Lauzon
CEO / Executive Vice President
Copy: Dennis Puckett
A Touchstone Erærgy' Cooperative ~~
109 North Huber Street. Anamosa, Iowa 52205-0370 . 319-462-3541 . www.mvec.coop
ORDINANCE NO. -04
AN ORDINANCE GRANTING TO MAQUOKETA V ALLEY ELECTRIC
COOPERATIVE, ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE
AUTHORITY TO MAINTAIN AND OPERATE ITS EXISTING ELECTRICAL
SYSTEM AND CONSTRUCT EXTENSIONS THERETO WITHIN THE LIMITS
OF THE CITY OF DUBUQUE, IOWA, INCLUDING ANY TERRITORY WHICH
MAY BE ANNEXED THERETO DURING THE TERM OF THIS FRANCHISE TO
THE EXTENT ANY SUCH TERRITORY IS WITHIN THE EXCLUSIVE SERVICE
TERRITORY OF THE COMPANY UNDER IOWA CODE CHAPTER 476 (OR
ITS SUCCESSOR), AND INCLUDING THE RIGHT TO ERECT AND MAINTAIN
ALL NECESSARY FACILITIES AND EQUIPMENT IN, UNDER, UPON, OVER,
ACROSS AND ALONG THE STREETS, ALLEYS, BRIDGES AND OTHER
SIMILAR PUBLIC PLACES WITHIN THE CITY FOR THE PRODUCTION,
TRANSMISSION, DISTRIBUTION AND SALE OF ELECTRIC POWER, AND
PRESCRIBING TERMS AND CONDITIONS UNDER WHICH THE COMPANY
IS TO OPERATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. Definitions.
1. Whenever the word "city" appears in this ordinance, it is intended and
shall be held to mean the City of Dubuque, Iowa.
2. Whenever the word "company" appears in this ordinance, it is intended
and shall be held to mean Maquoketa Valley Electric Cooperative, its
successors and assigns.
3. Whenever the word "grantee" appears in this ordinance, it is intended
and shall be held to mean Maquoketa Valley Electric Cooperative, its successors
and assigns.
4. Whenever the word "franchise" appears in this ordinance it is intended
and shall be held to mean the grant of authority contained in this ordinance as
accepted by the company.
5. Whenever the word "streer' appears in this ordinance, it is intended and
shall be held to mean streets, alleys, bridges, avenues, highways and other
similar public places used for transportation purposes within the city.
6. Iowa Utilities Board means the utilities board or utilities division
established by Iowa Code Chapter 474 (or its successor).
Section 2. Grant of Franchise.
There is hereby granted to the company, its successors anti assigns, for a
period from the effective date of this ordinance through October 3, 2018, a non-
exclusive authority to maintain and operate its existing electrical production,
transmission and distribution system and construct extensions and additions
within the limits of the city including any areas added to the city by annexation or
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otherwise, together with all necessary facilities and equipment in, under, upon,
over, across, and along the streets of the city for the transmission, distribution
and sale of electrical power therein. Also granted is, the right of eminent domain,
as provided in Iowa Section 364.2.
Section 3. Street Usage.
The company shall not locate any new electrical distribution or service
line, including poles or other facilities, within the city in the public right of way
without the approval of the city manager. The city reserves to itself the power to
impose reasonable regulations on the company's use of streets. The city
reserves the right by resolution or otherwise to designate the location of any new
electric distribution or service line including poles and other facilities with
reference to other street facilities such as sewer and water mains and services
and street trees in such a manner as to promote the public safety and to protect
public property.
Section 4. Excavations and Other Works.
A written permit shall be obtained from the city manager whenever it
becomes necessary for the company to excavate in streets or public grounds of
the city. Such permits shall state a particular part or point of the street where the
excavation is to be made and the length of time in which such permit shall
authorize the work to be done. An exception to a requirement for a permit shall
be made in cases of emergency involving public safety, in which case a permit
will be obtained at the earliest opportunity after the work has started.
In making excavations in the streets the company shall proceed with such work
so as to cause the least possible inconvenience to the public. The company shall
properly protect, according to safety standards generally accepted at the time of
placement, as may be determined from time to time by the city manager, all
excavations and obstructions by proper shoring, surface plates, barricades,
warning lights and such other or additional devices as circumstances may
warrant. If in the opinion of the city manager such excavation or obstruction is not
properly and safely protected, the city manager shall notify the company and the
company will immediately comply with such reasonable instructions.
Immediately after buried electrical service lines are installed or repaired,
the trenches in which such lines are installed will be refilled by the company. No
trench or excavation in the streets shall be filled or covered without giving the city
the right to inspect the same. All backfilling in streets will be according to city
specifications. Temporary street surfacing will be placed in such excavations as
soon as the same has been backfilled. Pavements, sidewalks, curb and gutters
or other portions of streets and public places opened, disturbed or damaged by
company shall be promptly restored and replaced with like materials by the
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company at its own expense and left in as good condition as before. In the event
like replacement materials are not available, the company shall notify the city
manager who must approve the use of any alternate materials. In the event that
the company shall fail to comply with the provision of this section, after having
been given reasonable notice, the city may do such work as may be needed to
properly repair such pavements, sidewalks, curb and gutters or other portions of
streets and public places and the cost thereof shall be repaid to the city by the
company. In some cases where a cut or disturbance is made in a section of
street paving or sidewalks, rather than replace only the area cut, the company
shall replace that area stipulated by the city manager which in no event shall
exceed the panel or panels disturbed.
That whenever any person has obtained permission from the city manager to
move any building or structure which may interfere with the poles, wires or other
fixtures of said grantee, grantee shall, upon five (5) days' notice thereof, and at
the expense of the person desiring to move such structure, remove such poles,
wires or other fixtures as may be necessary to allow the passage of such
structure, for a reasonable length of time, upon receipt from such person of
satisfactory assurance covering the cost of such removal and replacement and
any liability or damage resulting therefrom.
Section 5. Relocation of Service Lines.
Whenever the city shall pave or repave any street or shall change the
grade line of any street or public place or shall construct or reconstruction any
conduit, water main service or water connection, sewer or other public works or
utility, it shall be the duty of the company, except where easements of record are
held by the company, when so ordered by the city, to relocate its service lines
and other property in the streets or other public places at its own expense so as
to conform to the established grade or line of such street or public place and so
as not to interfere with the conduits, sewers and other mains so constructed or
reconstructed. However, the company shall not be required to relocate poles or
other facilities and appurtenances when the street, alley or public grounds, in
which they are located, is vacated for the convenience of abutting property
owners and not as an incident to a public improvement, unless the reasonable
cost of such relocation and the loss and expense resulting therefrom is first paid
to the company by the abutting property owners. In the case of public
improvements, including but not limited to urban renewal projects, the city may
require the company to relocate it poles, service lines and appurtenances in the
streets at company's expense.
The city may at its discretion assign personnel for inspection of excavation
and related work being performed by the company. Should the company fail or
refuse to do and perform the things provided in this ordinance, the city may, after
reasonable notice, perform the work and charge the expense thereof to the
company and the company shall promptly pay said charges.
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Section 6. Accessions to Franchise.
Where any electric service line is presently or in the future placed
anywhere in the corporate limits of the city, either as now existing or hereafter
extended, not in a public street and a street shall thereafter be opened or
dedicated so as to include said line within the right-of-way of such street, said
electric line shall be required to be operated and maintained under the terms of
this franchise.
Section 7. Representation of Company.
The company agrees to provide and maintain its entire system pursuant to
Iowa Utilities Board rules in such condition that it will furnish reasonably safe,
adequate, and efficient service.
Section 8. Meters.
Standards for meters and meter practices shall be in accordance with
regulations, rules or directives adopted by the Iowa Utilities Board of the Iowa
Department of Commerce.
Section 9. Reserved Regulatory Rights.
In the event the State of Iowa or the United States ceases to regulate any
aspect of the delivery of electrical service by company now regulated by either or
both, the city reserves the right upon such cessation to regulate such matters to
the extent such matters are local affairs impacting the health, safety or welfare of
residents of the city. Nothing in this section shall be interpreted as granting the
city the right to regulate the rates of the company.
Section 10. Extension of Service.
The company shall be required to extend its electric distribution service
lines as required by Iowa Utilities Board rules by extending lines in a manner
consistent with the economic growth of the city and the city shall in the extension
of streets and roads make provision for the placement of electric service lines.
However, failure of the city to reserve right of way for electrical usage is not a
default or breach under this agreement.
Section 11. Rates.
The company shall supply electricity to consumers within the city at
reasonable rates. It is recognized that under the statutes of the State of Iowa, the
company is not subject to the rate regulation authority of the Iowa Utilities Board
of the Iowa Department of Commerce. The company's Board of Directors is
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vested with legal authority to supervise, fix or change rates and charges for
services provided by the company to its electricity consumers. It is also
recognized by both the company and the city that matters involving rate changes
and charges are local in their application and effect and that the city, through its
city council, shall be within its privileges and municipal responsibilities in making
inquiries, expressing interest or adopting a position on matters of rate changes or
charges by the company. Simultaneously, with the delivery by the company of
any notice of change in rates or charges, or of any other revision or change
which would have the effect of increasing the rates and prices to be paid to the
company by consumers of electricity in the city, the company shall file with the
city clerk of the city a written notice in the same form as is delivered to the
electricity consumers of the company.
Nothing in this section shall be interpreted as granting the city the right to
regulate the rates of the company.
Section 12. Reports to City Council.
The company shall file with the city clerk a true copy of the annual report
of the company pertaining to the operation or conduct of business of the
company under this franchise. The report may be the same as the company shall
have prepared for such year in the ordinary course of the conduct of the business
of the company and filed with the Iowa Utilities Board.
Section 13. Company Rules.
The company shall file with the city clerk a copy of its electric tariff as filed
with the Iowa Utilities Board. The city shall also be advised of any changes,
additions, deletions or amendments to said tariff.
Section 14. Maps of Distribution System.
The company shall, promptly after the award of this franchise, furnish the
city manager a detailed map or maps of its distribution system both within the city
limits and the area immediately surrounding the city. The company shall
thereafter update the map or maps every year showing all subsequent additions
or deletions to the distribution system. Prior to any excavation by the city, or its
agents, a representative must contact the company regarding current information
on the location of underground electric lines in the area concerned. The
obligation to contact the company under this section shall be satisfied if contact is
made with a corporation organized pursuant to Iowa Code Chapter 480 (2003) or
an entity with a similar function utilized by both the city and the company,
currently the Iowa One-Call System. The maps required to be provided under
this section may be provided in hard-copy format or electronic format.
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Section 15. Indemnification; Insurance.
Except for claims based upon the negligence or willful misconduct of the
city, the company shall indemnify and hold the city harmless at all times during
the term of this franchise from and against all claims for injury or damage to
persons or property caused by the construction, erection, operation or
maintenance of its properties, or the negligence of its contractors or its
employees. In case of any suit or action at law being commenced against the
city, upon any claim for damage arising out of any loss, injury or damage,
claimed to have been caused by any installation, improvement, obstruction or
excavation in any street, alley, sidewalk or public place in the city, and which
installation, improvement, obstruction or excavation was made or left in, under or
upon such street, sidewalk, alley or public place by said company, its agents,
contractors or employees, upon being notified in writing by said city of such
action or proceeding, said company shall appear and make proper defense
thereto; and if any judgment or decree shall in any such case be rendered
against the city therein, said company hereby agrees to assume, pay and satisfy
such judgment or decree, with the costs thereof.
At all times during the term of this franchise, the company shall maintain
insurance as set forth in the attached Insurance Schedule, which schedule shall
be subject to amendment by the city council as it deems in the best interest of
the city.
Section 16. Nonassignment.
No sale, assignment or lease of this franchise shall be effective until it is
approved by the city council and until the company has filed in the office of the
city clerk written notice of the proposed sale, transfer, disposition or assignment,
such notice to clearly summarize the proposed procedure and the terms and
conditions thereof. Such approval by the city shall not be unreasonably withheld.
The proposed vendor, assignee or lessee shall similarly file an instrument, duly
executed, reciting such proposal, accepting the terms of this franchise and
agreeing to perform all the conditions thereof.
This provision shall not apply, however, to sales, assignment, or transfers
made pursuant to a corporate reorganization, divestiture, or consolidation, or to a
sale of all or substantially all of the electric distribution properties of the company.
Section 17. Forfeiture of Franchise.
The violation of any material portion of this franchise by the company or its
successors or assigns, or its failure promptly to perform any of the provisions of
this franchise shall be cause for forfeiture of this franchise and the termination of
all rights thereunder. Such forfeiture shall be accomplished by ordinance of the
city after written notice by the city manager to the company and a continuation of
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the violation, failure or default specified in the notice for at least thirty (30) days
from the date the notice was served, unless such default cannot reasonably be
cured within said thirty (30) days, in which case it will be sufficient for the
company to have commenced action to cure said default within said thirty (30)
days and continue to pursue such cure diligently thereafter.
Section 18. Severability.
If any section or provision of this ordinance is held invalid by a court of
competent jurisdiction, such holding shall not affect the validity of any other
provisions of this ordinance which can be given effect without the invalid portion
or portions and to this end each section and provision of this ordinance is
severable.
Section 19. Revival.
The parties recognize that over the duration of this franchise both
technological and regulatory changes will take place which will impact the
enforceability of this ordinance or parts of it. In recognition of such factors the
parties agree that in the event portions of this ordinance which are now, or in the
future, are found or declared inapplicable or unenforceable, become through a
subsequent change in law or technology again to be applicable or enforceable,
such provisions shall be revived and again form a portion of this ordinance.
Section 20. Cure of Defaults.
If either party determines there is a default under this franchise the other
party shall be given written notice describing the default in detail, whether a
forfeiture or termination of the franchise will be sought and where curable a
reasonable time to cure the default which shall not be less than thirty (30) nor
more than one hundred eighty (180) days.
Section 21. Reservation of Home Rule Powers.
This ordinance is intended to be and shall be construed as consistent with
the reservation of local authority contained in the Twenty Fifth Amendment to the
Iowa Constitution granting municipalities home rule powers. To such end any
limitation on the power of the city is to be strictly construed and the city reserves
to itself the right to exercise all power and authority to regulate and control its
local affairs and all ordinances and regulations of the city shall be enforceable
against the company unless, and only to the extent, they are irreconcilable with
any rights granted the company under this ordinance.
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Section 22. Acquisition at Expiration.
If at the expiration of this franchise the company wishes to abandon the
electric service system within the city and subject to any approval required by
statute, the company shall upon the city's request, given not earlier than one
hundred eighty (180) days before expiration or more than ninety (90) days after,
sell the electric distribution system within the city which is used exclusively to
provide service to the consumers of the company located within the city to the
city at a price determined by a mutually agreeable appraiser, or if the parties
cannot within sixty (60) days of notice agree upon an appraiser, then they shall
each appoint an appraiser and the appraisers shall appoint a third. The price
shall then be the price the appraisers agree upon, or if they do not agree within
sixty (60) days of being appointed, the price shall be the average of the two
appraisals which are closest in dollar amount.
This provision shall not apply, however, to sales, assignments, or transfers
made pursuant to a corporate reorganization, divestiture, or consolidation, or to a
sale of all or substantially all of the electric distribution properties of the company.
Section 23. Franchise Fee.
Effective on billings after May 1, 2004, (energy sold after
approximately March 28th) and for the term of this franchise, the company
shall pay to the city a fee equal to two percent (2%) of the gross revenue
generated from the sale of electricity within the City of Dubuque. The city
shall provide company with a map depicting its current corporate
boundaries and shall notify company of any changes to the same.
The company shall on the fifteenth day of each month,
commencing May 15, 2004, provide to the city manager in a form
acceptable to the company and the city manager records establishing the
gross revenues from the sale of electricity by the company within the City
of Dubuque for the preceding month and shall pay the fee to the city within
thirty (30) days following the last day of the preceding month.
The fee imposed herein shall not apply to any sale of electricity by the
company that is exempt under Iowa Code § 422.45 from the tax imposed by Iowa
Code § 422.43 and in computing the amount of the fee, the company shall not
include such sales, unless it is impracticable to do so, in which event the city
manager may provide for a rebate of the amount of the fee for such exempt sales
of electricity to the company's customers. Notwithstanding the foregoing, the fee
imposed herein shall apply to all sales of electricity by the company to residential
customers
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The city council reserves the right by amendment to this ordinance to
increase or decrease the amount of such franchise fee as it determines to be in
the public interest.
Section 24. Adoption.
This ordinance following its passage shall become effective upon its
acceptance by the company and publication as required by law.
Passed, approved and adopted this
2004.
day of
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
ACCEPTANCE OF ORDINANCE
The terms and conditions of the foregoing ordinance are hereby accepted
this 2nd day of March, 2004.
MAQUOKETA VALLEY ELECTRIC COOPERATIVE
By
It~C;;V:~cu~e~ ~ident
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, ,
INSURANCE SCHEDULE
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 of
better in the current AM. Best Rating Guide, unless otherwise agreed by
the parties.
2. All policies of insurance shall be endorsed to provide a thirty (30) day
advance notice of cancellation to the City of Dubuque if cancellation is
prior to the expiration date. This endorsement supersedes the standard
cancellation statement on the Certificate of Insurance.
3. The company shall furnish a 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 policy endorsements:
a) Thirty day notice of cancellation to the City of Dubuque.
b) Commercial General Liability policy is primary and non-contributing.
c) Commercial General Liability additional insured endorsement.
d) Governmental Immunity Endorsements.
e) Waiver of recovery under workers compensation.
4. Each certificate shall be submitted to the Finance 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. The company 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
Products-Completed Operations Aggregate Limit
Personal and Advertising Injury Limit
Each Occurrence Limit
Fire Damage Limit (anyone occurrence)
Medical Payments
$10,000/occurence
$2,000,000
$1,000,000
$1,000,000
$1,000,000
$ 50,000
$1,000/person
This coverage shall be written on an occurrence, not claims made,
form per location. All deviations or exclusions from the standard
ISO commercial general liability form CG 0001 or Business owners
form BP 0002 shall be clearly identified.
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Governmental Immunity Endorsement identical or equivalent to
form attached.
An additional insured endorsement identical or equivalent to ISO
Form CG 2026 or CG 2011 and include as additional insureds:
"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."
b) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory for Coverage A
Employers Liability: $100,000 each accident
$100,000 each employee-disease
$500,000 policy limit-clisease
Policy shall include an endorsement waiving right of
recovery against City of Dubuque, except for intentional
misconduct or gross negligence.
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POLICY NUMBER
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT
CAREFULLY.
ADDITIONAL INSURED - DESIGNATED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the foiiowing:
COMMERCIAL GENERAL LIABiLITY COVERAGE PART.
SCHEDULE
Name of Person Or Organization:
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.
(If no entry appears above, information required to complete this endorsement will be shown in
the Declarations as applicable to this endorsement)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or
organization shown in the Schedule as an insured but only with respect to liability arising out of
your operations or premises owned by or rented to you.
CoDvriaht. insurance Services Office. Inc. 1994
261185
CG20
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CITY OF DUBUQUE, IOWA
GOVERNMENTAL IMMUNITIES ENDORSEMENT
1.
Nonwaiver of Governmentallmmunitv. 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 Coveraae. The insurance carrier further agrees that this policy of
insurance shall cover only those claims not subject to the defense of
governmental immunity under the Code of Iowa Section 670.4 as it now exists
and as it may be amended from time to time. Those claims not subject to
Code of Iowa Section 670.4 shall be covered by the terms and conditions of
this insurance policy.
3.
Assertion of Government Immunity. The City of Dubuque, Iowa shall be
responsible for asserting any defense of governmental immunity, and may do
so at any time and shall do so upon the timely written request of the
insurance carrier.
4.
Non-Denial of Coverage. The insurance carrier shall not deny coverage under
this policy and the insurance carrier shall not deny any of the rights and
benefits accruing to the City of Dubuque, Iowa under this policy for reasons of
governmental immunity unless and until a court of competent jurisdiction has
ruled in favor of the defense(s) of governmental immunity asserted by the City
of Dubuque, Iowa.
No Other Chanae in Policv. The above preservation of governmental immunities
shall not otherwise change or alter the coverage available under the policy.
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