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UD - Memo - Nursing Program ~~~E ~<k~ MEMORANDUM July 7,2005 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: University of Dubuque/City of Dubuque Memorandum of Agreement Public Health Specialist Mary Rose Corrigan recommends City Council approval of a Memorandum of Agreement with the University of Dubuque for clinical site usage for the University of Dubuque's nursing program. I concur with the recommendation and respectfully request Mayor and City Council approval. 111 j Lft II IJ?le>. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Mary Rose Corrigan, RN, Public Health Specialist , ~". , {'O. ,.\ ~ <<~ D~~~E ~<-k~ MEMORANDUM FROM: Michael C. Van Millig~nft~er Mary Rose Corrigan, ~~, \Jublic Health Specialist July 7, 2005 TO: SUBJECT: University of Dubuque/City of Dubuque Memorandum of Agreement INTRODUCTION The memorandum provides information regarding an agreement between the University of Dubuque (UD) and the City of Dubuque for UD's nursing program clinical site usage. BACKGROUND The University of Dubuque has recently established a BSN nursing program and is establishing partnerships and clinical opportunities for their students to practice various types of nursing care and nursing functions. DISCUSSION The attached agreement is a standard agreement given to all UD clinical sites for their nurses to gain experience under the supervision of a clinical instructor. Examples of clinical experiences nursing students will have with the City of Dubuque Health Services Department include: · shadowing and observing the various activities of the Health Services Department; · working on community-based education projects for lead, Healthy Homes Initiative, or other targeted health education efforts; · performing community-based surveys to collect health data, etc. The City offers similar nursing clinical opportunities to the Clarke College nursing program. BUDGET IMPACT No expenses or revenues are associated with the attached agreement. RECOMMENDATION It is recommended that the City Council authorize the City Manager and the Public Health Specialist to sign the Memorandum of Agreement with University of Dubuque on behalf of the City of Dubuque. CITY COUNCIL ACTION Authorize the City Manager and the Public Health Specialist to sign the Memorandum of Agreement with the University of Dubuque for clinical site usage for UD's nursing program. MRC/cj UNIVERSITY oj DUBUQUE 2000 University Avenue · Dubuque, IA 52001-5099 FROM: Kathryn J. Dolter, RN, PhD, LTC, US Army (Retired) Chair, University of Dubuque Nursing Program 2000 University Avenue Dubuque, IA 52001-5099 kdolter@dbq.edu Phone: 563-589-3561 Fax: 563-589-3572 DATE: June 7, 2005 TO: Barry A. Lindahl, ESQ Corporation Counsel, City of Dubuque Suite 330 Harbor View Place 300 Main Street Dubuque, IA 52001-6944 SUBJECT: Memorandum of Agreement between the University of Dubuque (UD) and the City of Dubuque Regarding Clinical Site Usage for UD's Nursing Program (August, 2005-August, 2006) 1. Enclosed are two copies of the revised UD/City of Dubuque Memorandum of Agreement with attachments (Insurance Schedule and Insurance Endorsements). Also included is the University of Dubuque's Certificate ofInsurance. 2. Please let me know if you have any questions or concerns relative to the proposed UD/City of Dubuque Memorandum of Agreement. My contact information is kdolter@dbq.edu or 563-589- 3561. 1/ () j(j\(ji Y-~r--Y -U "11 Kathryn J. Dolter Chair, Nursing Program The University of Dubuque Enclosures (2): UD/City of Dubuque Memorandum of Agreement with Insurance Schedule C and Insurance Endorsement (2 copies) University of Dubuque Certificate of Insurance School oj BUSiness · School oj Liberal Arts · School oj ProJessional Programs · Theological Seminary p MEMORANDUM OF AGREEMENT BETWEEN UNIVERSITY OF DUBUQUE NURSING PROGRAM AND THE CITY OF DUBUQUE THIS AGREEMENT is entered into by and between UNIVERSITY OF DUBUQUE, hereinafter referred to as "UNIVERSITY," and THE CITY OF DUBUQUE, hereinafter referred to as "AFFILIATE," and shall govern the use of AFFILIATE'S facilities by the faculty and nursing students of UNIVERSITY when assigned to AFFILIATE. WHEREAS, the health care professions are committed to the improvement of the delivery of health care in the United States; WHEREAS, the nursing profession is an integral part of this delivery system and is committed to the improvement of the quality of the educational process of those who choose to practice in this profession; WHEREAS, UNIVERSITY has exhibited a commitment to the development of quality education in its nursing program; WHEREAS, the continued maintenance of quality education rests in part upon the excellence of the clinical experiences provided the student; WHEREAS, UNIVERSITY recognizes AFFILIATE'S primary responsibility is for the provision of quality health care; WHEREAS, UNIVERSITY recognizes that the rights of clients/the community have priority over the education of health professionals; WHEREAS, AFFILIATE has demonstrated a commitment to excellence in health care and the provision of clinical resources for learning by students of nursing; and WHEREAS, both UNIVERSITY and AFFILIATE recognize that through cooperative efforts the advancement of these commitments will be enhanced. NOW, THEREFORE, in consideration of the mutual covenants of each party, IT IS AGREED as follows: ARTICLE I UNIVERSITY RESPONSIBILITIES I. The standard of philosophy of education and nursing; the instructional plan including content, objectives and clinical experiences desired; and the preparation of all instructional schedules including the number of hours of clinical practice shall be the responsibility of UNIVERSITY. 2. UNIVERSITY shall verify that each student and faculty member assigned to care for clients has on record a physical examination showing general good health. UNIVERSITY shall verify that each student assigned to care for clients has been informed of and will abide by employee infection policies. Students must have proof of two (2) MMR vaccinations (mumps, measles and Rubella) or documented immunity against measles, mumps, and rubella; documentation of Hepatitis B immunization or immunity to Hepatitis B or a signed statement declining such vaccination; and a negative two-step PPD test or chest x-ray within the last year, or persons with a previous positive PPD result must have a history of a subsequent negative chest x-ray and a current completion of the tuberculosis questionnaire. 3. To the fullest extent permitted by law, UNIVERSITY shall indemnify and hold harmless AFFILIATE from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Agreement, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property including loss of use resulting therefrom, but only to the extent caused in whole or in part by the negligent acts or omissions of UNIVERSITY, or anyone whose acts UNIVERSITY may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. 4. UNIVERSITY will maintain during the term of this Agreement insurance as set forth in the attached Insurance Schedule. 5. UNIVERSITY shall ensure all nursing faculty are currently licensed to practice nursing in the State of Iowa. Individuals are also considered "currently licensed" when licensed in another state and recognized for licensure in Iowa, pursuant to the nurse licensure compact contained in Section 152E.I, Code of Iowa. 6. The clinical instructor (faculty member) will be selected by UNIVERSITY and is responsible for the learning experience of the student and their general provision. The faculty will provide a mechanism for communication between the AFFILIATE staff and the faculty when the AFFILIATE staff provides direct supervision for specific learning experiences. The UNIVERSITY shall withdraw from the clinical area any student whose work, conduct or health may have a detrimental effect on clients or personnel. 7. UNIVERSITY faculty and students shall maintain the confidentiality of all AFFILIATE records and clients that they encounter. Students and faculty shall sign Workforce Confidentiality Agreements prior to participating in their clinical experience and shall be subject to the AFFILIATE's policies respecting the confidentiality of medical information. 8. UNIVERSITY shall provide Health Insurance Portability and Accountability (HIP AA), Family Educational Rights and Privacy Act (FERP A), and 42 CFR Part 2 training to all students and faculty members before they are assigned to AFFILIATE. 10. UNIVERSITY shall provide proof of criminal background and child/adult abuse or neglect registry checks on all students and faculty before they are assigned to AFFILIATE. 11. UNIVERSITY, its students, faculty and employees hereby agree they shall be bound by and comply with all federal, state and local laws, ordinances or regulations, Joint Commission on the Accreditation of Healthcare Organizations (JCAHO) or other applicable accrediting body standards and accepted standards of practice applicable to student training. 12. UNIVERSITY shall provide instruction and training on child abuse, dependent adult abuse and mandatory reporting laws for health care professionals. 13. UNIVERSITY shall obtain and maintain preceptor agreements with individual preceptors for internship experiences. Preceptor agreements shall be approved by the preceptor's clinical director or supervisor. The UNIVERSITY shall provide AFFILIATE preceptors with student evaluation forms to evaluate students where applicable. 14. UNIVERSITY shall ensure that all students are certified in cardiopulmonary resuscitation (CPR) prior to any clinical experience. Additionally UNIVERSITY shall ensure that students are certified in automatic external defibrillator (AED) and first aid prior to community-based clinical AFFILIATE experiences. 15. UNIVERSITY faculty shall attend medication administration (PYXIS or other) orientation prior to supervising students at the AFFILIATE when medication administration is part of the student experience. 16. UNIVERSITY faculty shall be required to report errors and near misses to the nurse/employee assigned to the client involved. The AFFILIATE nurse/employee shall complete the error or near miss report with input from the student/faculty. The UNIVERSITY has the responsibility to track individual student errors. However, the AFFILIATE reserves the right to dismiss a student from the clinical area whose work may have a detrimental effect on client care. -3- , 17. UNIVERSITY faculty and students shall utilize Intranet (when available) or print policies and procedures at the point-of-care and shall utilize the information for client care and client care documentation, as appropriate and in accordance with institutional policies and procedures. ARTICLE II AFFILIATE RESPONSIBILITIES 1. AFFILIATE shall provide the equipment and supplies needed by students for providing professional nursing care to clients. 2. AFFILIATE shall provide space when available for students and faculty when they are on AFFILIA TE' s permises to facilitate recording and conferences. 3 . AFFILIATE shall accept the students and faculty of UNIVERSITY without discrimination on the basis of sex, race, color, creed, marital status, age, national origin or qualified handicap. 4. The responsibility for nursing care and related duties is retained by AFFILIATE when nursing students and nursing personnel from outside sources are providing care within a client care unit. 5. AFFILIATE shall maintain normal staffing and shall not rely on students to meet nursing care requirements. 6. AFFILIA TE shall provide UNIVERSITY with a current copy of its policies and other relevant documents which shall assist UNIVERSITY to develop appropriate learning experiences for students. 7. AFFILIATE shall make available to UNIVERSITY the health and other pertinent records and information regarding clients selected for the student assignment. 8. AFFILIATE may request UNIVERSITY to withdraw from the clinical area any student whose work, conduct or health may have a detrimental effect on the clients or AFFILIAA TE personnel. AFFILIA TE reserves the right not to accept any student who has been previously discharged by AFFILIATE which would make acceptance as a clinical practice student inexpedient. AFFILIATE shall notify the Chair, of the Nursing Department at the UNIVERSITY regarding withdrawal or non-acceptance of a student. The UNIVERSITY Nursing Department Chair shall respond to the request within two working days. 9. AFFILIATE shall indemnify and save harmless UNIVERSITY, its employees and agents from loss, damage expenses, attorney fees, and costs on account of the death, personal -4- injury and property damage to any person(s) caused by the negligence of AFFILIATE, its officers, agents, or employees. 10. AFFILIATE shall allow faculty to attend an orientation program at the organization and to the assigned client care area, as appropriate considering past experience and assessed learning or proof of needs. AFFILIATE may request of faculty additional information and competency as appropriate. 11. AFFILIATE preceptors shall provide UNIVERSITY with periodic written evaluations on preceptorship students as applicable. 12. AFFILIATE shall advise clinical instructor (faculty member) immediately when a situation arises with a student which AFFILIATE believes warrants immediate attention by UNIVERSITY. 13. AFFILIATE shall allow students to be involved in quality improvement efforts and projects, as appropriate to the students' experience. However, the students must share results of their quality improvement efforts with the AFFILIATE. 14. AFFILIATE shall provide care, treatment, and or examination of students in case of illness or accident occurring while on AFFILIATE's premises if it is available. This care, treatment, and/or examination shall be provided at the student's own expense or billed to the student's medical or hospitalization plan. ARTICLE III JOINT RESPONSIBILITIES 1. AFFILIATE and UNIVERSITY shall maintain communication to assure planning of educational experiences and exchange of information regarding policies, problems and new developments. In matters of major policy and/or significant concerns, the official channel of communication shall be between the Chair of the Nursing Department of the UNIVERSITY and the Public Health Specialist of the AFFILIATE. 2. The nursing faculty of UNIVERSITY and the personnel of AFFILIATE shall cooperate in the assignment of students to learning experiences with daily objectives communicated to AFFILIATE staff involved on any particular day, time, and place. 3. UNIVERSITY faculty and AFFILIATE personnel involved with the student learning experience shall meet at the close of each semester to evaluate the clinical experience and a report of this evaluation shall be forwarded to the Chair of the Nursing Department of the UNIVERSITY and the Public Health Specialist at AFFILIATE. -5- 4. The maximum number of students assigned to AFFILIATE during anyone instructional period shall be established by mutual agreement and determined by the adequacy, extent and variety of nursing experiences available for student learning. 5. Either party may terminate this Agreement upon 30 days written notice to the other party. 6. This Agreement shall be governed by the laws ofthe State oflowa. 7. This AGREEMENT shall be in effect from August I, 2005, through July 31, 2006. IN WITNESS HEREOF, the parties have caused this AGREEMENT to be executed by their respective authorized officers as of the day, month and year stated below. AFFILIATE: CITY OF DUBUQUE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . zUl rn- :II" rnZ Signed City Manager ~:-.., ........-:. " . . . .. ...... . .. ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date Signed Public Health Specialist Date UNIVERSITY: UNIVERSITY OF DUBUQUE Date ~ IJ 7/ J-005' Signed ~a .W~ Vice-President ofF! ce Signed ~r;;il Chair, Nl sing Department Date (p I:>. 7/ :zooS- -6- ~I , MEMORANDUM OF AGREEMENT BETWEEN UNIVERSITY OF DUBUQUE NURSING PROGRAM AND THE CITY OF DUBUQUE THIS AGREEMENT is entered into by and between UNIVERSITY OF DUBUQUE, hereinafter referred to as "UNIVERSITY," and THE CITY OF DUBUQUE, hereinafter referred to as "AFFILIATE," and shall govern the use of AFFILIATE'S facilities by the faculty and nursing students of UNIVERSITY when assigned to AFFILIATE. WHEREAS, the health care professions are committed to the improvement of the delivery of health care in the United States; WHEREAS, the nursing profession is an integral part of this delivery system and is committed to the improvement of the quality of the educational process of those who choose to practice in this profession; WHEREAS, UNIVERSITY has exhibited a commitment to the development of quality education in its nursing program; WHEREAS, the continued maintenance of quality education rests in part upon the excellence of the clinical experiences provided the student; WHEREAS, UNIVERSITY recognizes AFFILIATE'S primary responsibility is for the provision of quality health care; WHEREAS, UNIVERSITY recognizes that the rights of clients/the community have priority over the education of health professionals; WHEREAS, AFFILIATE has demonstrated a commitment to excellence in health care and the provision of clinical resources for learning by students of nursing; and WHEREAS, both UNIVERSITY and AFFILIATE recognize that through cooperative efforts the advancement of these commitments will be enhanced, NOW, THEREFORE, in consideration of the mutual covenants of each party, IT IS AGREED as follows: ARTICLE I UNIVERSITY RESPONSIBILITIES 1. The standard of philosophy of education and nursing; the instructional plan including content, objectives and clinical experiences desired; and the preparation of all instructional schedules including the number of hours of clinical practice shall be the responsibility of UNIVERSITY. 2. UNIVERSITY shall verify that each student and faculty member assigned to care for clients has on record a physical examination showing general good health. UNIVERSITY shall verify that each student assigned to care for clients has been informed of and will abide by employee infection policies. Students must have proof of two (2) MMR vaccinations (mumps, measles and Rubella) or documented immunity against measles, mumps, and rubella; documentation of Hepatitis B immunization or immunity to Hepatitis B or a signed statement declining such vaccination; and a negative two-step PPD test or chest x-ray within the last year, or persons with a previous positive PPD result must have a history of a subsequent negative chest x-ray and a current completion of the tuberculosis questionnaire. 3. To the fullest extent permitted by law, UNIVERSITY shall indemnify and hold harmless AFFILIATE from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Agreement, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property including loss of use resulting therefrom, but only to the extent caused in whole or in part by the negligent acts or omissions of UNIVERSITY, or anyone whose acts UNIVERSITY may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. 4. UNIVERSITY will maintain during the term of this Agreement insurance as set forth in the attached Insurance Schedule. 5. UNIVERSITY shall ensure all nursing faculty are currently licensed to practice nursing in the State of Iowa. Individuals are also considered "currently licensed" when licensed in another state and recognized for licensure in Iowa, pursuant to the nurse licensure compact contained in Section 152E.l, Code of Iowa. 6. The clinical instructor (faculty member) will be selected by UNIVERSITY and is responsible for the learning experience of the student and their general provision. The faculty will provide a mechanism for communication between the AFFILIATE staff and the faculty when the AFFILIATE staff provides direct supervision for specific learning experiences. The UNIVERSITY shall withdraw from the clinical area any student whose work, conduct or health may have a detrimental effect on clients or personnel. 7. 8. 10. UNIVERSITY faculty and students shall maintain the confidentiality of all AFFILIATE records and clients that they encounter. Students and faculty shall sign Workforce Confidentiality Agreements prior to participating in their clinical experience and shall be subject to the AFFILIATE's policies respecting the confidentiality of medical information. UNIVERSITY shall provide Health Insurance Portability and Accountability (HIP AA), Family Educational Rights and Privacy Act (FERPA), and 42 CFR Part 2 training to all students and faculty members before they are assigned to AFFILIATE. UNIVERSITY shall provide proof of criminal background and child/adult abuse or neglect registry checks on all students and faculty before they are assigned to AFFILIATE. 11. UNIVERSITY, its students, faculty and employees hereby agree they shall be bound by and comply with all federal, state and local laws, ordinances or regulations, Joint Commission on the Accreditation of Healthcare Organizations (JCAHO) or other applicable accrediting body standards and accepted standards of practice applicable to student training. 12. UNIVERSITY shall provide instruction and training on child abuse, dependent adult abuse and mandatory reporting laws for health care professionals. 13. UNIVERSITY shall obtain and maintain preceptor agreements with individual preceptors for internship experiences. Preceptor agreements shall be approved by the preceptor's clinical director or supervisor. The UNIVERSITY shall provide AFFILIATE preceptors with student evaluation forms to evaluate students where applicable. 14. UNIVERSITY shall ensure that all students are certified in cardiopulmonary resuscitation (CPR) prior to any clinical experience. Additionally UNIVERSITY shall ensure that students are certified in automatic external defibrillator (AED) and first aid prior to community-based clinical AFFILIATE experiences. 15. UNIVERSITY faculty shall attend medication administration (PYXIS or other) orientation prior to supervising students at the AFFILIATE when medication administration is part of the student experience. 16. UNIVERSITY faculty shall be required to report errors and near misses to the nurse/employee assigned to the client involved. The AFFILIATE nurse/employee shall complete the error or near miss report with input from the student/faculty. The UNIVERSITY has the responsibility to track individual student errors. However, the AFFILIA TE reserves the right to dismiss a student from the clinical area whose work may have a detrimental effect on client care. -3- 17. UNIVERSITY faculty and students shall utilize Intranet (when available) or print policies and procedures at the point-of-care and shall utilize the information for client care and client care documentation, as appropriate and in accordance with institutional policies and procedures. ARTICLE II AFFILIATE RESPONSIBILITIES 1. AFFILIATE shall provide the equipment and supplies needed by students for providing professional nursing care to clients. 2. AFFILIATE shall provide space when available for students and faculty when they are on AFFILIA TE' s permises to facilitate recording and conferences. 3 . AFFILIATE shall accept the students and faculty of UNIVERSITY without discrimination on the basis of sex, race, color, creed, marital status, age, national origin or qualified handicap. 4. The responsibility for nursing care and related duties is retained by AFFILIATE when nursing students and nursing personnel from outside sources are providing care within a client care unit. 5. AFFILIATE shall maintain normal staffing and shall not rely on students to meet nursing care requirements. 6. AFFILIATE shall provide UNIVERSITY with a current copy of its policies and other relevant documents which shall assist UNIVERSITY to develop appropriate learning experiences for students. 7. AFFILIATE shall make available to UNIVERSITY the health and other pertinent records and information regarding clients selected for the student assignment. 8. AFFILIATE may request UNIVERSITY to withdraw from the clinical area any student whose work, conduct or health may have a detrimental effect on the clients or AFFILIAA TE personnel. AFFILIATE reserves the right not to accept any student who has been previously discharged by AFFILIATE which would make acceptance as a clinical practice student inexpedient. AFFILIATE shall notify the Chair, of the Nursing Department at the UNIVERSITY regarding withdrawal or non-acceptance of a student. The UNIVERSITY Nursing Department Chair shall respond to the request within two working days. 9. AFFILIATE shall indemnify and save harmless UNIVERSITY, its employees and agents from loss, damage expenses, attorney fees, and costs on account of the death, personal -4- injury and property damage to any person(s) caused by the negligence of AFFILIATE, its officers, agents, or employees. 10. AFFILIA TE shall allow faculty to attend an orientation program at the organization and to the assigned client care area, as appropriate considering past experience and assessed learning or proof of needs. AFFILIATE may request of faculty additional information and competency as appropriate. 11. AFFILIATE preceptors shall provide UNIVERSITY with periodic written evaluations on preceptorship students as applicable. 12. AFFILIATE shall advise clinical instructor (faculty member) immediately when a situation arises with a student which AFFILIATE believes warrants immediate attention by UNIVERSITY. 13. AFFILIATE shall allow students to be involved in quality improvement efforts and projects, as appropriate to the students' experience. However, the students must share results of their quality improvement efforts with the AFFILIATE. 14. AFFILIATE shall provide care, treatment, and or examination of students in case of illness or accident occurring while on AFFILIATE's premises if it is available. This care, treatment, and/or examination shall be provided at the student's own expense or billed to the student's medical or hospitalization plan. ARTICLE III JOINT RESPONSIBILITIES 1. AFFILIATE and UNIVERSITY shall maintain communication to assure planning of educational experiences and exchange of information regarding policies, problems and new developments. In matters of major policy and/or significant concerns, the official channel of communication shall be between the Chair of the Nursing Department of the UNIVERSITY and the Public Health Specialist of the AFFILIATE. 2. The nursing faculty of UNIVERSITY and the personnel of AFFILIATE shall cooperate in the assignment of students to learning experiences with daily objectives communicated to AFFILIATE staff involved on any particular day, time, and place. 3. UNIVERSITY faculty and AFFILIATE personnel involved with the student learning experience shall meet at the close of each semester to evaluate the clinical experience and a report of this evaluation shall be forwarded to the Chair of the Nursing Department of the UNIVERSITY and the Public Health Specialist at AFFILIATE. -5- 4. The maximum number of students assigned to AFFILIATE during anyone instructional period shall be established by mutual agreement and determined by the adequacy, extent and variety of nursing experiences available for student learning. 5. Either party may terminate this Agreement upon 30 days written notice to the other party. 6. This Agreement shall be governed by the laws of the State of Iowa. 7. This AGREEMENT shall be in effect from August 1, 2005, through July 31,2006. IN WITNESS HEREOF, the parties have caused this AGREEMENT to be executed by their respective authorized officers as ofthe day, month and year stated below. AFFILIATE: CITY OF DUBUQUE Date Signed City Manager Date Signed Public Health Specialist UNIVERSITY: UNIVERSITY OF DUBUQUE Date (p I~ 7/.J.. 0 05 Signed ~Q.W~ VIce-PresI ent of Fmance Signed t.v~ rr:Jl1 Chair, NurS(ng Department Date ~ / J.. 71 J.-OD5" -6- . . . . . . . , , . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . ................".. :~:i:i:i:i::: . . . ., .,..... . ... ..... . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . " . . . . . . . . . . . . . . . . . . stir ...- :llI~ ...2 INSURANCE SCHEDULE C INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES 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 policies of insurance shall be endorsed to provide a thirty (30) day advance notice of cancellation to the City of Dubuque,except for 10 day notice for non-payment, if cancellation is prior to the expiration date. This endorsement supersedes the standard cancellation statement on the Certificate of Insurance. 3. UNIVERSITY shall furnish a signed Certificate of Insurance to the City of Dubuque, Iowa for the coverage required in Paragraph 6 below. Such Certificates shall include copies of the following endorsements: a) Commercial General Liability policy is primary and non- contributing. b) Commercial General Liability additional insured endorsement. c) Governmental Immunities Endorsement. UNIVERSITY shall also be required to provide Certificates of Insurance of all subcontractors and all sub-sub contractors who perform work or services pursuant to the provisions of this contract. Said certificates shall meet the same insurance requirements as required of UNIVERSITY. 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. UNIVERSITY shall be required to carry the following minimum coverage/limits or greater if required by law or other legal agreement: a) COMMERCIAL GENERAL L1ABIL TIY General Aggregate Limit Products-Completed Operations Aggregate Limit $2,000,000 $1,000,000 April 2005 Personal and Advertising Injury Limit Each Occurrence Limit Fire Damage limit (anyone occurrence) Medical Payments $1,000,000 $1,000,000 $ 50,000 $ 5,000 b) Automobile $1,000,000 combined single limit. Governmental Immunity endorsement identical or equivalent to form attached. The City of Dubuque shall be named as an additional insured on General Liability including "ongoing operations" coverage equivalent to ISO CG 20 10 0704. c) WORKERS COMPENSATION & EMPLOYERS LIABILITY Statutory for Coverage A Employers Liability: $ 100,000 each accident $ 100,000 each employee-disease $ 500,000 policy limit-disease d) PROFESSIONAL LIABILITY $1,000,000 e) UMBRELLA/EXCESS LIABILITY $10,000,000 April 2005 ACORD. CERTIFICA TE OF LIABILITY INSURANCE OP 10 1~ DATE (MMlDDIYYYY) UNIDUBl 06/06/05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE cottingham & Butler, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 300 SECURITY BUILDING PO BX 28 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. DUBUQUE LA 52001 Phone: 563-587-5000 Fax:563-583-7339 INSURERS AFFORDING COVERAGE NAlC # INSURED INSlRER A st. 'aul Fix. & H"Ein. Ins Co 24767 INSURER B Chicago Insurance Company 22810 university of Dubuque INSLl<ER c: 2000 Universit~ Avenue INSURER D' Dubuque IA 520 1 INSURER E COVERAGES THE POliCIES OF INSURl'NCE 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 DOCl.fIENTWITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS Of SUCH POliCIES. AGGREGATE LIMITS SHO'Ml MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR[ TYPE OF INSURANCE POLICY NUMBER DATE (MMlDDIYY) DATE (MlNDDIYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 - 06/01/05 06/01/06 ~IV~IO"'IOV A ~ COMMERCIAL GENERAL LIABILITY 6308572B663 PREMISES (Ea occurence) $ 100000 ::::J CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $ 5000 - PERSONAL & I'DV INJURY $ 1000000 - GENERAL AGGREGATE $2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2000000 I POLICY n j~& n LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - $ 1000000 A ~ ANY AUTO 8108572B663 06/01/05 06/01/06 (Ea accident) ALL OWNED AUTOS BODIL Y INJJRY - $ SCHEDUlED AUTOS (Per person) - HIRED AUTOS BODILY INJURY - $ NON-OWNED AUTOS {Per accident} - PROPERTY DAMAGE $ {Per accident} GARAGE LIABILITY AUTO ONL Y - EA ACCIDENT $ ==i ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ 10000000 A b OCCUR D CLAIMS MADE CK01400765 06/01/05 06/01/06 AGGREGATE $ 10000000 $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND X I TORY LIMITS I Iv~:t A EMPLOYERS' LIABILITY UB8572B552 06/01/05 06/01/06 $ 500000 ANY PRCPRIETORIPARTNERlEXECUTIVE E.L EACH ACCIDENT OfFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $ 500000 If yes, describe under EL DISEASE - POliCY LIMIT $ 500000 SPECIAL PROVISIONS below OTHER B Professional Liab AHC1268760 02/26/05 02/26/06 4000000 Aggregate 2000000 per/occ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT J SPECIAL PROVISIONS *except for non-payment of premium. The certificate holder is additional insured on the general liability policy on a primary and non-contributory basis with respect to the operations of the above named insured. CERTIFICATE HOLDER CANCELLATION CIDULA3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIl 30 * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Dubuque Ci ty Hall 13th & Central Dubuque IA 52001 ACORD 25 (2001/08) 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) . '........ .....''''"'...... ....',--" ,... .........~.".::J'....'.' - ----, ...-......-- . -,,,-, --- --. ---- - -- ~ - - - - .... - - - - - l1li - - - - - - iiiiIiiiliii - - =- - -- - il!IIil!II - "l' w t- o mn 8 COMMERCIAL GENERAL LIABILITY PRDnCTION 1IIeftuI COVERAGE StIIMARY .. u u This Coverage Summary shows the limits of coverag~ that apply to your Commercial General Liability Protection. It also lists those endorsements. if any, that must have certain information thown for them to apply. o o .. I- o o o Li.its Of Coverage .. ... I"- .... Gull'll tGtal limit P'.CIS .. cmapltted work total limit $ 1.000.000 :I: * $ 1.000.000 / (I) ~ Personal Injury ~ each persall liRil $ 1,000,000 Il"l (II r- Advertising injury ~ each persln I..... o ~ o ('II o o o "l' * $ $ $ $ 1.000.000 Eacll event limil Premises d1llTJlJf16 limit. Medical expenses limit. 1,000,000 100,000 5.000 _,I Endor5eIMIIt Table hnpar" Nots: Only endorsements that must have certain Information shown for them to apply are named in this table. The required Information follows the name of each such endorsement. Other endorsements may apply too. If so. they're listed on the Policy Forms List. Described Person or Organization Endorsement - Addl Prot Persona Person or Organization ~ Galena-Straus. Hospital & Nur.ing Car Facility ~ 215 Su_it Galena. IL 61036 IE: University of Dubuque - pastorial .tudent. counselling patients. Person or Organization J The City-of Dubuque and Dubuque County, including all its elected and appointed officials, all ita .aploy.e. and volunteers, all its boards, co..issions and/or authorities and their board ...bers. employees. and volunteers. v RE: Han&ars located at the Dubuque Regional Airport ~--- - - Person or Organization j Cook College 708 South Lindon Lane Tempe, AI. 85281 N_ Df I.... UNIVERS ITY OF DUBUQUE Poliey Nu_.r CK01400765 Effective Date 06/01/04 Processiwg Date 06/22/04 10: 31 001 .(47110 Rev. l-StM>rinted in U.S.A. Coverage Summary ~St.PauJ Fire and Marine Insurance Co. 1996 All Rights Reserved Page - .... - !!!Ili!Iiii - !!!!I!i! ~ .- - - - - iiiii - - - .... - iiiIiIIiIIi! IIlIIIiii - -- - - ~ - - - - .. ~ "l' UJ t- o ~ CJ CJ any actual or alleged infringement or violation of any of the following rights or laws: . Copyright. . Patent." . Trade dress. . Trade name. . Trade secret. . Trademark. . Other intellectual property rights or laws. .... o o .. I- o 8 ... l'- .... ::E . But we won't apply this exclusion to bodily Injury or property damage that results from your products or your completed work. Il"l CD ('II l'l - Nor will we apply this exclusion to advertising injury that results from the unauthorized use of any: . copyrighted advertising material; . trademarked slogan; or . trademarked title; of othors in your advertising. In III l'- o o "l' .... .0 ;.: o C'\I o o o "l' . We explain the terms your products and your completed work in the Products and completed work total limit section. Liquor 1....llity. We won't cover bodily injury, property damage, or medical expenses that result from any protected person: . causing or contributing to the intoxication of any person; . selling, serving, or furnishing alcoholic beverages to any person under the legal drinking age or under the influence of alcohol; or . violating any law or regulation applying to the sale, gift, distribution, or use of alcoholic beverages. However, we'll apply this exclusion only if you're in the business of manufacturing, distributing, selling. serving, or furnishing alcoholic beverages. For example: You marvtacture Office equipment. Each year you host an awards banquet with an opiin bar for your sales representatives. After this years banquet an Intoxicated guest is ifA'oIved in an auto accident. The guest and several others are injured. If someone sues you, alleging that your serving of liquor caused the guests intoxication and involvement in the accident, . ....... we wortt apply the .Liquor liability exclusion because you're not in the business of serving liquor. But .we won't apply this exclusion to premises damage. We explain the term premises damage in the Each event limit section. ........1 previoisly ..e bow. Dr usell. We won't cover personal injury or advertising injury that results from: . any material that was first made known before this agreement begins; or . any advertising idea or advertising material, or any slogan or title, of others, Whose unauthorized use in your advertising was first -committed before this agreement begins. ...,I.cal BlpeDS'S Df eertain persons. We won't cover medical expenses that are incurred by or for any person: . injured while qualifying as 8 protected person, other than your volunte~r workers; . injured while performing work that he or she was hired to do for any protected person, or any tenant of a prC?tected person; . Injured on that part of any premises that you rent or lease from others, or own, and that the injured person normally occupies; . to whom such medical expenses are payable, or must be provided, as benefits under any workers compensation law, disability benefits law, or similar law; . Injured by your products or your completed work; . injured due to war; or . who refuses to be examined as often as we require, within reason, by doctors we choose. War includes: . declared or undeclared war, or invasion; . warlike action by a military force or other agents of any govemment, sovereign, or other authority; . civil war, insurrection, rebellion, revolution, or seizure of power; or - . anything done to hinder or defend against such actions. 47500 Rev. 1-01 Printed in U.S.A. Insuring Agreement cSt.Paul Fire and Marine Insurance Co. 2001 All Rights Reserved Page 19 of 27 "........ .....,......-.. .......--., . ,~. --~.".::t'.-... - --.--. .-.--.-..-- ..StRlul Workers compeisation and other ....fits laws. We won't cover any obligation that the protected person has under any: . workers compensation Jaw; . disability benefits law; . unemployment compensation law; or . similar law. WIOIII prie8 HsalptJel. We won't cover advertising injury that results from the wrong description of the price of your products, your work, or your completed work. We explain the terms your products, your work, and your completed work in the Products and completed work total limit sect ion. Other luur.-ce This agreement is primary insurance. If thore is .ny valid and collectible other Insurance for Injury or damage covered by this agreement, the following applies in connection with that other insurance: Other insurance means Insurance, or the funding of losses, that's provided by or through: . another insurance company; . us, except under this agreement; . any of our affiliated insurance companies; . any risk retention group; . any self-insurance method or program, other than eny funded by you and over which this agreement'applles; or . any similar risk transfer or risk management method. However,we won't consider umbrella insurance. or excess Insurance, that you bought specifically to apply In excess of the limits of coverage that apply under this agreement to be other Insurance. Primary II' excess other IDSUrIICI. When there is Primary other insurance, we'll share with that other insurance any damages for injury or damage covered by this agreement. We'll do so with one of the methods of sharing described in the Methods of sharing section. However, we'll apply this agreement as excess insurance over the part or parts of any primary or exce.ss other insurance that provide: . property or similar coverage for property damage to your work; . property or similar coverage for property damage to premises that you rent, lease, or borrow from others, other than premises you rent for a period of seven or fewer consecutive days; . aircraft, auto, or watercraft bodily injury or property damage coverage; or . protection for you as an additional insured or additional protected person. We explain how we'll apply this agreement as excess insurance in the When this agreement is excess insurance section. Aircraft. auto, or wlltercrlJlt bodily injury or property damage ctNerage means coverage for bodily injury or property damage that: . results from the maintenance, use, operation, or 10lding or unloading of any aircraft, auto, or watercraft; and . isn't specifically excluded by the Aircraft. Auto. or Watercraft exclusions in this agreement. We explain the term your work in the Products and completed work total limit section. WheI dlls agreeRIIll is I.cess IlSurlDc.. When this agreement is excess insurance, we won't have a dUlY to defend the protected person against the part or parts of any claim or suit for which any other insurer has the duty to defend that protected person. However, we'll defend the protected person against a claim or suit for Injury or damage covered by this agreement if no other insurer will do so. In return we'll require that we be given all of that protected person's rights against each such insurer. Also, we'll pay only the amount of damages that's in excess of: . the total amount that all such other Insurance would pay if this agreemen~ didn't exist;. and · the total of all del'Juctible and self-insured amounts under all such other insurance. 47500 Rev. 1-01 Printed in U.S.A. Page 26 of 27 .St.Paul Fire and Marine Insurance Co. 2001 All Rights Reserved 1 I........ '''I~'~I' ................" ,.... _W~""::lI"-'" - --..-. ......-.-..-- . -...-. --- -- ==- - = - - .- - -- == ... ~ - -- -- - Iiiiiiiii!iI!I - - IiIii - ~ - iI!!!!!!!!I!I ..... =- - ....- !!!!!!!!!!!!! or LLI r- o g DESCRIBED PERSON DR ORGANIZATION ENDORSEMENT - o ADDlnONAL 'PROTECTED PERSONS .. f.) u This endorsement changes your Commercial General Liability Protection. ..... o o lIIaSl'Rlul i:. How Caveragels a.ge.. 8 The following is added to the Who Is Protected Under This Agreement section. This change adds certain protected persons and limits their .. protection. ::E * ... r- - Descrlll. per.. or urpniziltiDl. The person or .... ~ organization shown in the Covarage Summary C') as a described person or organization Is a protected person. But only for covered Injury or damage that results from; .premises you own, rent or lease: or .your work.. In UI ... 8 "" - o :.: f.) N o o u 'It .. ~ /43356 Ecl.7-B~rinted in U.S.A. oSt.Paul Fire and Marine Insurance Co. 1985 We explain what we mean by your worlc In the Products and completed work total limit section. OIlIer Terms All other terms of your policy remain the same. Endorsement Page 1 of 1 ".......... ...."....,"".. _,._...... ,n. -.........:::11'.-... - --"-' or W I"- o ~ GOVERNMENT PERMIT fOR YOUR WORK ENDOR-.NT - ADDITIONAL PROTECTSJ PERSIItIS .- -- - - - ~ -- - I!lIIIlIiIIiii - - - iiiii IIiiliIiliIiI!I === - - - -- - - ~ ~ - - - - - .. u u This endorsement changes your Commercial General Liability Protection. .. 8 11leSl'Rlul t:. How Clver. Is Chllge" 8 The following is added to the Who Is Protected .:.; Under This Agreement section. This change ~ adds certain protected persons end limits their protection. :lO * Gov.......1t. The state or other unit of III ~ government shown in the Coverage Summary as ~ a government unit is a protected person. But ~ only for covered injury or damage that results b from your work for which it has Issued a permit. ~ .. ~ (,) N o o U <t * r However, the government unit isn't a protected person for injury or damage that results from your worle. for it. Nor is it a protected person for bodily injury or property damage that results from your completed work. We explain what we mean by your work and your completed work in the Products "nd completed work total limit section. OIlIer Ter. All other terms of your policy remain the same. Page 1 of 1 143342 Ed.7-8~rinted in U.S.A. oSt.Paul Fire and Marine Insurance Co.1985 Endorsement I '....'.,. '''''~'''''' .......1~" '0'. --....."..:::f........ - __.._. 0"__'_"-- iiiiiiiiii IlII!I!!I!I!I ~ - ..... -- iiiiiiiiiiii ~ - - - - i!!I!!!!!!I!!!! - - ~ - -- ... - - III - - - .- .- iiiiIiIiIB - !!!E - <t w t"- o COpy 8 1IIeSlRlul .. u o City of Dubuque-& Dubuque County Cancellation and Material Changes Endorsement This endorsement chances your Commercial Ceneral Liability Protection. ~ o o .. How Coverage Is Changed: iJI Thirty (30) days' Advanced Written Notice of Cancellation. Non-Renewal. Reduetion in insurance coverage or limits and or material change by endorsement M and ten (10) days written notice oi non-payaent of premium shall be sent to: ~ Engineering Division, City Hall, 50 West 13th Street, Dubuque. IA 52001-4864. This end~rsement supersede. the standard cancellation statement on the ~ Certificate of Insurance to which this endorsement is attached. . ~ City of Dubuque & Dubuque County. City Hall. 13th & Central. Dubuque. IA 52001 _ ~ ~ Additional Insured Endorsement ~ III CD t-- 8 <t ... o X o .... o o u .. .. the City of Dubuque. Iowa. including all its elected an4 appointed officials. all it. eeployees and volunteers. all it. boards, co..iasions and/or authorities and their board .embers. eaployees. and volunteers. are included as Additional Insureds with respect to all work and services performed for the City of Dubuque, Iowa. This coverage shall be primary to the Additional Insureds. and not contributing with any other insurance or similar protection available to the Additional Insureds_ whether other available coverRle be priaary_ contributing or excess. City of Dubu~ue & Dubuque County, City Hall, 13th & Central_ Dubuque. IA 52001 Governmental I..unities Endorsement 1. Non-Waiver of Government I__unity, The insurance carrier expressly agrees that the purcha.e of this policy and the including of the City of Dubuque. Iowa as an Additional Insured does not waive any of the defenses of governaental immunity available to the City of Dubuque. Iowa under Code of Iowa Section 670.4 .s it now exist. and .s it be amended fro. time to tiae, 2. Clai.s Coverage. The insuranee carrier further acrees that this policy of insurance shall cover only those claiaa not subjeet to the defense of soverumenta1 immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time, Those clai.. not subjeet to Code of Iowa Section 670.4 shall be covered by the teras and conditions of this insurance policy. 3. Assertion of Government I__unity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental i..unity. and .ay be so at any time and shall do so upon the ti.ely written request of the insurance carrier. 4. Non-Denial of Covera,e. 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 govern.ental i..unity unle.. and until a court of competent jurisdiction has ruled in favor of the defense (8) of govern.ental i_unity asserted by the City of Dubuque, Iowa 5. No other Change In Policy. The insurance carrier and the City of Dubuque agree that the above preservation of governmental i..unities shall not ,... at Ilsured tJt~ Policy NIIIIber CX01400765 Effective Date 06/01/04 UNIVERSITY OF DUBUQUE )~I Processing Date 06/22/04 10:31 001 /40502 Ed.l-aoJ.rinted in U.S.A. Customized Form sSt.Paul Fire and Marine Insurance Co. 1980 All Rights Reserved Page rlVUI. '''t~IC;11 ,"",1~1l rHo .....\.oo'UII.~'.Col'.'... ................ ...-....,- . .....~._. ........... ....-. ---- 1IIe..... otherwise change or alter the coverage available -under the policy. Other Terms: . All other teras of your policy remain the same. Page 2 cSt.Paul Fire and Marine Insurance Co.1980 All Rights Reserved