HomeMy WebLinkAboutContract 20662066
AGFtEEI'vIENT
To:
Lauren McClanahan
Public Works Superintendent
City of Columbia Heights Public Works Department
Columbia Heights,lV1N 55421
637 - 38th Avenue NE
(763) 706-3706
For:
Ongoing Services
Safety and Environmental Program Support
January 7, 2008
From:
Michael H. Hoh~~quist, MS, CSP
President
Integrated Loss Control, Inc.
3030 Centre Pointe Drive
Suite 700
Roseville, MN 55113
651./633-6525
Agreement
Ongoing
Loss Control. Services
DATE: January 7, 2008
CLIENT: City of Columbia Heights Public Works Department
Columbia Heights, MN 55421
637 - 38th Avenue NE
CONTACT: Lauren McClanahan
Public Works Superintendent
PROJECT: On-Going Safety & Environmental Program Support
AGREEMENT PERIOD:
1-Unless sooner terminated in accordance with this Agreement, ILC and City of Columbia
Heights Public Works Department, will have at minimum the following Agreement period.
Start date: January 1, 2008 through December 31 2008
2- During the Agreement period there will be at minimum quarterly evaluations of the services
provided and the requests of service to ensure expectations are met.
SCOPE:
Envirofmie~7tal, Health ar~d Safety Mo~ithly On-Goifig Support
ILC will provide a fixed level of monthly support to the Environmental, Health and Safety
Program at City of Columbia Heights Public Works Department's (City's) operations. This
will include assisting with routine operation reviews to ensure compliance with applicable
occupational health and safety regulations and relevant envirom77ental requirements. Service
would include training on selected topics, assistance with Safety Committee (training,
resources, etc.), facility tours to identify any health or safety issues which could adversely
impact the health or safety of employees, perform required reporting to regulatory agencies
and serve as an on-call resource for management. Coordinate services available from other
sources, such as insurance companies, would. be provided to help ensure no duplication of
services or unnecessary costs.
A .rtructzared workplan for 1~oth safety grad eaaviroa~rneratal affaias tivill be aaaaiaataiaaed. The
woa•kplara iteaaas would be addressed over the a2orra~aal Sea~~ice Agreement pea°iod, uazless
required to expedite, with pa°ioa• approval, a particular ite»a.
During the monthly site visits the following, at minimum, will be accomplished:
____ _.__
Agreement -Loss Control Services
City of Columbia Heights Public Works Department
January 7, 2008 Page 2 of l 6
Integrated Loss Control - (651) 633-6525
Health and Safety (one site visit each month - 2.5 hours allotted for the i~nonth)
A. Within the allotted time, conduct a facility physical hazard identification walk-through
and discuss findings with the designated management representative. A written copy of
any issues identified will be provided.
n n i~ i• y i ~nrr • 7 1 _.. _. . _n___._c.__ .___t_.._~ _____ ..71 _.__,_.. ,J_
ts. t<evtew atl appucac~te v~rir~ anu envtronnlentai rccuruxecpui~, ,ct~txiiib ~urc ail icwiu~
are current anal complete. Examples might be; employee training records (Right-To-
Know, fork truck, etc.), crane, chain and sling inspection records, fork thick inspection
records, injury reporting, First Reports of Injury, accident investigation follow-up,
reports, etc.
C. Meet with the designated management representative to discuss any safety and health
issues which. have been identified by employees since our last visit or during the site visit
conducted by the ILC representative. Answer questions.
D. If applicable, conduct quarterly carbon monoxide monitoring as required by OSHA
(relating to gas powered fork trucks). Cost is $9.00 per truck for sampling tubes.
E. Identify any OSHA requirements that may have changed due to current operations or that
have been published which impact operations. Make the necessary updates and
communicate the changes as required.
F. Conduct safety related training on predetermined topics. This would include training on
the updated Environmental, Health and Safety Program and its compliance requirements
applicable to the facility.
G. Review the Material Safety Data Sheet file and update as necessary. Coordinating this
applicable information between safety program and environmental program needs.
Enviranmental Services (bi-monthly on-site visits, 1 hour allotted bi-monthly)
A. Within the allotted time, conduct a facility walk-through of the operations and discuss
findings with the designated representative. A written copy of any issues identified will
be provided.
B. Review all applicable environmental record keeping, making sure all records are current
and complete.
C. Meet with the designated representative to discuss any environmental issues which have
been identified by staff since our last visit or during the site visit conducted by the ILC
representative. Answer questions.
D. Ensure that applicable compliance reporting requirements are met, which includes:
discharge reports, hazardous waste manifest review and shipping, Tier II reporting, etc.
Agreement -Loss Control Services
City of Columbia Heights Public Works Deparhl~ent
January 7, 2008 Page 3 of 16
Integrated Loss Control - (651) 633-6525
E. Identify any environmental requirements that may have changed due to current
operations or that have been published which impact operations. Make the necessary
updates and communicate the changes as required.
F. Conduct training on predetertnined topics. This would include training on the updated
Environmental Program and its compliance requirements applicable to City of Columbia
Heights Public Works Department.
Cs. Review the Material Safety Data Sheet file and update as necessary. Coordinating this
applicable information with the safety program.
G~ne~~•czl O~i-going Ser°vice will i~~clude:
Coordinate, as appropriate, with the insurance Agent and insurance company any
industrial hygiene sampling required or other services as may be needed.
2. Serve as an ex-officio member of the Company Safety Committee, providing gtiidanee
and technical support.
Maintain individual facility Environmental, Health and Safety Program binders.
4. Within the time allotted, develop any applicable environmental, health and safety
compliance programs and provide the required training to supervision and employees. In
addition, provide various recordkeeping forms, which will serve to meet applicable
recordkeeping requirements.
5. Coordinate, as appropriate, with state and federal agencies other services as may be
needed.
6. As appropriate, serve as an ex-officio member of the Hazardous Materials Emergency
Response Team, providing guidance and technical support.
7. Serve as a readily available resource for questions from the management or their
designated representative.
8. ILC would welcome any opportunity to condtiet joint training or other services to other
cities with which the City of Cohullbia Heights may have a mutual aid arrangement. Any
additional costs, related to such an activity, would reflect applicable discounts due to
additional potential business opporttmities for ILC.
STAFFING: ILC will provide qualified professionals as needed to meet the nature of the
service request.
SERVICE LEVEL
ILC agrees that it will provide services of a high quality in a prompt and efficient manner to City
of Columbia Heights Public Works Department.
Agreement -Loss C=ontrol Services
City of Columbia Heights Public Works Deparhnent
January 7, 2008 Page 4 of 16
hitegrated Loss Cond-ol -('651) 633-6.525
GENERAL CONDITION'S:
It is understood that City of Columbia Heights Public Works Department has retained ILC
as a whole company and therefore will receive the benefit of all applicable resources.
ILC may have to work off-site at its own office sometimes.
Whenever ILC staff have planned to be on-site and something comes up that requires a
change in the schedule, the affected parties will be notified as far in advance as possible.
4. City of Cohimbia Heights Public Works Department will provide ILC staff with adequate
work space for those times they are required to work on-site.
5. Standards regarding reaction time to requests for service or timeliness of reports.
Upon ~°egatest far' sea°vice, ILC will rnczke aaa initial contact with City of Columbia Heights
Pa~blic Works Department within 24 hozta°s exchtding holidays aazd weekea7~ds. Following
dais contact, a anutarally agreed atpoaz date and tune for the sea--vices will be ar°ranged.
6. Dispersement (release) and timeliness of reports.
All reports generated through dais Agreement will be made dig°ectly to City of Columbia
Heights Public Works Departaraerat. Detailed reports will be generated within 10 workiazg
dczvs of the receipt offinal information pertiraea~at to the r°epor°t (eg. lab resztlts).
The hours allotted for the service period are consumed at the rate of one hour for one hour
during normal day shift hours (7:OOam through ~:OOpm), any on-site labor required during
other that this time frame between Monday and Friday, would consume 1.25 hours per
contract hour. On-site labor required during weekends would be consumed at I.5 hours per
contract hour. The fixed monthly fee does not increase, only the rate of hours utilization
during these non-typical activities .
8 Agreement Administrator.
The Agr•eenaent Administrator for City is Lauren McClanahan, Public Works
Superintendent.
Tlae Agreement Adn~ainistrator for ILC is Michael Holmquist, MS, CSP, President.
NOTE: All services provided by ILC through this Agreement are to be coordinated
through Lauren McClanahan, or their designee.
CONFIDENTIALITY
As a result of rendering services atnder this Agreement ILC will learn the ideratit~~ of key
eanployees and will learn aboatt the natarre of the work performed, arad results achieved by the
Agreement -Loss Control Services
City of Columbia Heights Public Works Department
January 7, 2008 Page 5 of 16
Integrated Loss Cofitrol - (651) 633-65?5
City and the procedures, syste~~ns, for-trrs, arr~d methodologies utilized by the City in its bz~tsiness.
Tliis information constitutes confidential, proprietary information of the City. ILC shall not use,
divt.rlge to, or disclose to any person or entity, without written consent of an officer of the City,
any Confidential Inforrnatior~t unless legally regr-tired to do so. In addition to acid not to the
exclusion of arty other eights which the C'it~~ may have, the City shall be entitled to seek
injunctive relief to restr-aira anv tlu~eatened or actual br°each of ILC's obligations udder this
Section. The terms of this Confidentiality section shall survive the termination of t11~is
Agreerrrent.
As a result of using t1~e ser~~ices of ILC under this Agr-eernent, the City will learn the identity of
key ILC employees and will learn about ar~d receive (purchase) procedures, pr~od2-acts (hard cope
and/ar electlro~~~ic), equipment, forms, and iaiethodologies utilised by ILC in its business. This
information constitutes cor~idential, proprietar~~ infor°rnation of ILC'. The Citr~ shall not rrse,
divulge to, or• disclose to any person ar entity, outside the scope of this Agreement, arty
confidential infarrncrtion without written consent of art officer° of ILC. The ter°nrs of this
Confidentiah~tL~ section shall sa-rn~ive the termination of this Agreement.
ILC IS AVAILABLE TO PROVIDE THE FOLLOWING GENERAL SERVICES
ILC will, upon request and as appropriate, provide services such that the following general Loss
Control Activities/Services are readily available. ILC can be available to address program
needs which come up monthly, quarterly, annually and those which are ongoing day-to-day.
PROGRAM STRATEGIES
Assist in developing Loss Control strategies, working with top management to determine the
level of program necessary to accept, transfer or eliminate risk of loss.
HEAL TH AND SAFETY COMPLIANCE
GENERAL RESPONSIBILITIES CAN INCL UDE:
Upon specific request, detect and monitor facility conditions that may adversely affect the health
of employees and/'or violate applicable laws, and to effect or recommend co1-rective measures.
Audit and develop safety programs and to upgrade implemented accident prevention procedures
and programs. Assist in reviewing and maintaining records required by federal, state anal local
laws and those required by the City.
SPECIFIC SERVICE AREAS:
PROGRAM AUDITS -review existing compliance programs and identify those compliance
programs absent, making recommendations as needed, (ex: AWAIR, Right-To-Know,
Respiratory Protection Program, Forklift Operations, Workers' Compensation, etc.)
HEALTH & SAFETY PROGRAM -assist with providing the development, implementation,
l~greement -Loss Control Services
City of Columbia Heights Public Works Deparnnent
January 7, 2008 Fade 6 of 16
Integrated Loss Gonb-ot - (651) 633-655
maintenance and training required to meet federal, state and local regulations (ex: Mint~lesota
AWAIR law).
EMPLOYEE HAZARD COMMUNICATION -assist with providing the development,
implementation, maintenance and training required to meet federal, state and local regulations
(ex: Minnesota Employee Right-To-Know Iaw).
O~T~riE1c 1'~c.lJCiKA1v1S -assist with providing tine development, implementation, maintenance
and training required to meet federal, state and local regulations.
INCENTIVE PROGRAMS -assist with the development, implementation and maintenance as
applicable.
WORK ENVIRONMENT ASSESSMENT -assist with providing physical hazard assessment,
conduct selected industrial hygiene evaluations (sampling for air contaminants, hazardous
substances, han17fu1 physical agents or infectious agents), ergonomic analysis, noise surveys and
general environmental assessment.
EMERGENCY ACTION PLAN -assist with the development, implementation, maintenance
and applicable training. Ensuring that OSHA and applicable Pollution Control Agency
requirements are met with the same program.
SAFETY TEAM (Committee) -assist with the training and facilitating of the safety committee.
TRAINING PROGRAMS -Provide training such as, but not limited to:
Employee safety training
employee Right-To-Know
lifting mechanics
respiratory protection
repetitive motion (carpal hulnel)
lockout/tagout
hazard recognition
forklift operations
Supervisory safety training
accident analysis
job safety awareness
job safety analysis-JSA
accident investigation
motivational techniques
ergonomic (worksite design)
training and communication skills
SERVE AS A RESOURCE -regarding applicable laws and regulations.
COMPLIANCE REVIEWS -schedules al]owing, participate during regulatory inspections of
the company.
Agreement -Loss Control Services
City of Columbia Heights Public Works Department
January 7, 2008 Page 7 of 16
Integrated Loss Control - (651) 633-6525
PROVIDE OTHER HEALTH AND SAFETY SERVICES AS REQUESTED
OVERALL RISK ASSESSMENT SERVICES
ILC can, upon request, help identify risk exposures and the scope of those exposures, and
determine the existence and extent of controls to those exposures. ILC can conduct loss
analysis, suggest improvements to controls, and assist in their implementation.
ILC can provide one stop, integrated risk assessment services.
Risk Assessment Surveys and Reporting
- Evaluate exposures and the scope of those exposures
- Determine the adequacy of controls to major exposures
- Suggest administrative and engineering improvements to existing controls
- Assist in implementing controls to exposures
- Develop loss data and analyze losses to determine loss tr-ends
- Provide a detailed evaluation for underwriting purposes in a timely manner
- Provide photographs and building diagrams
- Service for multiple lines of insurance coverage (Workers Compensation, Fire, Crime,
General Liability, Products Liability, Fleet, Builder's Risk, Pollution)
Occupational Injury/Illness Management
- Analyze past losses to determine loss trends and, the base cause of loss
- Analyze existing programs (AWAIR, Confined Space, Lockout/Tag out, Bloodborle
Pathogens}
- Fornlulate loss reduction plans through training
- Analyze production. materials flow, and perform workstation design reviews
- Conduct a Multi-Dimensional Job Analysis
- Assist in establishing or refining loss prevention programs and training personnel in loss
analysis
- Establish Medical Case Management programs that will reduce duplication of effort and
assist in cost containment strategies
- Assist in establishing a Timely Notice of Loss process
- Establish an Early Retur7 to Work program that will assist in effectively managing claims
sleet Safety Evaluations
- Consultation and educational bulletins to assist businesses in establishing comprehensive
fleet management programs tailored to their needs.
- Assist in establishing programs for reviewing
- Driver selection qualification criteria
- Equipment controls
- Vehicle maintenance
- Accident reporting
- Accident review procedures
- Through analysis of motor vehicle accident trends a defensive driving training educational
program can be provided to:
Agreement -Loss Control Services
City of Columbia 1-Teights Public Works Department
January 7, 2008 Page 8 of 1 C
~nteg~~atecl Loss Co~zt~-ol - (651) 633-6.52.5
- Target a reduction in accidents
- Enhance defensive driving skills
- Meet regulatory requirements
- Promote safety awareness.
Property Protection and Fire Prevention Evaluations
- Develop a property protection and conservation program.
- Provide basic training for inspection, testing, anti niainieiiaucc of the autotiiatic spiitikier
system.
- Assist in evaluating operations and help establish emergency preparedness and catastrophe
plans.
Products Liability Evaluations (when applicable)
- Assist you in identifying and evaluating your product liability exposure
- Formulate recommendations that could reduce the potential for loss or reduce the impact
of a loss that could possibly make the product more sellable.
- Assist in establishing accountability programs, defense programs and help monitor the
success of programs currently in place.
General Liability Evaluations
Our evahiations can help enable underwriting to be more informed oil the risk transfer process or
exposures to and from the general public.
Accident Investigations
City of Columbia Heights Public Works Department management, claim managers and legal
counsel call upon ILC to provide the necessary resources to deliver timely, quality accident
investigation services.
Workers' Compensation Cost Containment
City of Columbia Heights Public Works Department and the insurance company can, upon request,
utilize ILC to assist with:
L Disability Management: identify and assist with early intervention and disability
nna~nagement activities which can include:
- Employee return-to-work opportlmities
- Organizational and administrative functions which can be integrated to minimize costs
related to claims
- Working with medical providers (Managed Care Provider coordination)
- Training managers and supervisors
- Development of return-to-work policies and procedures
- Workers° compensation case screening
- Perform factual research to determine the legitimacy of workers' compensation claims
brought by employees
- Assist in preparing for workers' compensation hearings on litigated matters
Agreei~nei~lt -Loss Control Services
City of Columbia Heights Public Works Department
.January 7, 2008
Page 9 of 16
Lzteg~~ated Loss G'on~tr-ol - (651) 633-6525
II. Job Evaluations: help conduct special job analysis to identify:
- Health and safety conceals which will aid you in returning injured employees to work
- Proper placement opportunities of individuals in jobs that match their physical, mental
and emotional make-up, without endangering their health and safety or that of others
- Potential work design elements that may result in either acute injury or repetitive tral~una
disorders
- Job accommodations and position description development which. can be made to meet
the requirements of the Americans with Disabilities Act (ADA)
III. Educational Services: specialized training and workshops covering such topics as:
- Workers' Compensation issues
- Developing the knowledge and skill to manage your workers' compensation program
- Opportunities for the prevention of occupational injuries and non-occupational injlu•ies
which may affect your workforce
- Statutory rules, collective bargaining Agreements, policy changes and management
information necessary to more effectively implement a workers' compensation program
- Back injury prevention presentations which can be tailored to individual worksites
- Several specialty training topics relating to loss control activities, preventing injuries,
identifying the information and team needed to determine liability should an injury or
illness occur and claim cost containment.
ENVIRONMENTAL COMPLIANCE
Environmental services apply to the City as an employer and generator of wastes, etc., related to
day to day operations of its facilities and equipment. This service does not apply to the City's
responsibilities to provide various services to the citizens of the City.
1LC can, upon request, assist City of Columbia Heights Public Works Department with the
administration of any applicable Polhition Prevention Program.
GENERAL RESPONSIBILITIES CAN INCLUDE:
- Obtain, analyze, and evaluate a wide variety of data in order to assess potential air and
water pollution sources accurately.
- Coordinate outside services as requested; laboratories, testing firms (stack sampling,
modeling, technical expertise relating to permit applications, etc.).
- Recommend courses of action to remedy any non-compliance with environmental laws and
regulations. Initiate corrective action upon approval.
- Ensures required reporting is accomplished in a timely manner.
- Train management and employees as necessary.
Agreement -Loss Control Services
City of Columbia Heights Public Works Department
January 7, 2004
h~tegrated Loss Control - (651) 633-6525
Page 10 of 16
WASTE MANAGEMENT
Relating to: Ground Water/Run-off, Sewered Waste, Hazardous Waste, Non-Hazardous Special
Waste and Std. Industrial Waste
ILC can, upon. request, provide technical support, applying its technical resources to recognize,
eValU21LC, IGSCdilal tlilll IGGU111111C11U WtISIC ll12lllQgClllGlllJ 111CLllUUJ W l,l~y Ul L lJlUlltlJlt111G1~'ll6J
Public Works Department, working to assist product quality wherever possible. ILC can serve
as an administrative focal point for the coordination of the waste management efforts, the
ongoing health and safety program and any overall polhrtion prevention program. ILC can:
Coordinate and conduct those research and development activities necessary for the proper
management of wastes generated.
2. Investigate and evaluate waste management methods, recommending options available to
City of Columbia Heights Public Works Department based on its current aerations.
Investigate anal. evaluate waste management methods regarding firture processes.
4. Ongoing monitoring of the waste stream, noting the impact of changes to processes, etc.
upon the waste and its methods of proper handling.
Follow-up with waste disposal vendors who receive City of Columbia Heights Public
Works Department wastes, verifying the waste disposal method identified to City of
Columbia Heights Public Works Department is being applied.
6. Coordinate and work with vendors and outside contractors on special needs, always
integrating results into existing or proposed program.
AIR EMISSION
ILC can, upon request, assist with the ongoing coordination and administration of applicable Air
Emission Permits. ILC can:
Provide coordination of existing permit and future permit needs.
in the event of anon-compliance issue, coordinate the necessary actions and
resources to abate the non-compliance issue, being sensitive to and working to
minimize the ramifications of past operations during the non-compliance period.
ensure coordination of any permit conditions, testing, engineering, amendments and
reissuance with City of Columbia Heights Public Works Department's health anal
safety program and waste management program.
make sure required reporting, testing, and amendments or reissuance are timely.
Agreement - Luss Control Services
City o~f Columbia Heights Public Works Department
January 7, 2008 Page 11 of 16
Integrute~l Loss Conb~~l - (651) 633-6525
- coordinate the need for outside independent testing companies to conduct
performance tests or special testing as requested.
- maintain records and files in a proper and orderly manner.
2. Coordinate, develop, implement and administratively maintain any required operation and
maintenance plan..
- pull information and resources together
- write the plan
- develop "forms" for maintenance recordkeeping
- train maintenance andlor operations staff on basic understanding of ventilation
system and monitoring methods and equipment.
3. Assist with ventilation system design, maintenance and trouble shooting.
4. Upon request, assist with the coordination and/or evaluation of identified planned
production increases and the impact on emissions.
- evaluations (testing, etc.)
- reporting
- communication with agency
5. Monitor on an ongoing basis adherence to any Hiles or permit conditions.
6. When applicable assist with future planning for amendments and modifications -
coordinating the permit and related activities with the health and safety program, and
waste management program.
7. Help identify opporttulities that result from the health and safety program, the waste
management program or permit initiatives which improve the indoor air quality (IAQ)
resulting in protection of employees and product quality.
8. Provide training as needed to City of Cohtmbia Heights Public Works Department staff
regarding applicable permit or rules:
- management
- supervision
- employees
9. Staff special projects as directed.
10. Assist with meeting monitoring requirements.
Agreement -Loss Control Services
City of Cohnnbia Heights Public Works Department
January 7, 2008
Integrated Loss Gonb-ol - (651) 633-6525
Page l2 of 16
POLLUTION PREVENTION PLAN
ILC can, upon request, develop, maintain, update and coordinate activities suz~-ounding any
applicable Pollution Prevention Plan and ensure that any applicable requirements are met in a
timely manner. Applies to City's day to day operations of its facilities and equipment. This
service does not apply to the City's responsibilities to provide various services to the citizens of
the City.
COST OF SERVICE:
ILC will provide the stated services for the fixed monthly cost of $378.00 during the twelve
month Agreement period ($299.00 for safety and $79.00 for environmental). This inehides
travel, reporting and on-site time.
No costs beyoti~d the basic fnonthly cost will be i~zcurred witlioact approval of City.
Should it be necessary, hours above and beyond the monthly allotment will be billed at an hotuly
rate determined by the nature of the service requested. A Service Memo/Estimate with the cost,
based on ILC's applicable rates, will be provided for approval.
REIMBURSABLE EXPENSES:
- If requested by the City that ILC staff have to travel out of town, meals, lodging and mileage
would be paid according to ILC's current reimbursement rates which will be provided on the
Service/Memo Estimate for approval.
- If requested by the City that ILC staff attend a special seminar at a time and place specifically
relating to this Agreement, any cost for registration., materials, travel, lodging etc., will be paid
itemized on the Service/Memo Estimate for approval.
- With prior approval of the City, ILC will be reimbursed for supplies it purchases for activities
related to this Agreement. Nonilally supplies will be obtained through the City.
- The cost of this Agj°eement covey^s ILC staff tit~ie oi~ily. Therefore, wizen ILC is requested to use
its technical equipment such as ind~;strial hygiene monitoring equipment and various audio
visual equipment, ILC will invoice a basic use fee for the period of time the equipment is used.
Prior approval will be obtained from the City before such a cost is incurred.
Questioi~ls regarding expenses will be brought to the attention of Lauren McClanahan or the
individual responsible for the service request.
PAYMENT:
Payment is to be made monthly at the beginning of the month for that months services. ILC will
invoice the City monthly for the agreed upon level of service. Hours and travel in excess of
basic amount will be invoiced separately during the month in which they were incurred.
Payment is due within 30 days.
Agreement -Loss Control Services
City of Columbia heights Public Works Department
January 7, 2008 Page 13 of 16
Integrated Loss Ca~~trol - (651) 633-6525
INSURANCE:
ILC shall maintain, at its expense, the following minimum insurance coverage:
(a) Workers' Compensation;
(b) Commercial general liability insurance
(c} Professional errors and omissions insurance
ILC shall require its employees to maintain the minimum level of automobile insurance coverage
required under Minnesota law.
INDEMNIFICATION:
ILC shall defend, indemnify and hold the Ciry harmless from any and all claims, liabilities,
judgments, losses, damages, costs anal expenses (including reasonable attorney's fees) asserted
against the City by any person or entity, or incurred by the City, arising out of any injury, illness,
death, property or other loss or damage arising out of or in any manner related to any negligent
act or omission on the part of ILC or any of its employees, agents, or independent contractors.
The City shall defend, indemnify and hold ILC harmless from any and ail claims, liabilities,
judgments, losses, damages, costs and expenses (including reasonable attorney's fees) asserted
against ILC by any person or entity, or incurred by ILC, arising out of any injury, illness, death,
property or other loss or damage arising out of or in any mamler related to any negligent act or
omission on the part of the City or any of its employees, agents, or independent contractors.
The party seeking indemnification (the "Indenulified Party") hereunder shall give the other party
(the "Indemnifying Party"), notice in writing within ten (10) days of the occurrence of any event
giving rise to indenulif cation rights hereunder. With respect to threatened or asserted claims of
third parties, the Indemnifying Party shall have the right to control the defense of such claim by
counsel of its own choosing, provided that the Indemnifying Party receives the consent of the
hldemnified Party to the counsel chosen, such consent not to be unreasonably withheld. In any
event, the Indemnified Party shall have the right at its own expense to participate in any claim,
action or proceeding which is being defended by another party.
If the Indemnifying Party within reaso~iable time after notice of a dailm hereunder fails to defend
such claim, the Indemnified Party shall be entitled to undertake the defense, compromise or
settlement of such claim at the reasonable expense of and for the account and risk of the
Indemnifying Party subject to the right of the Indemnifying Party to cooperate in the defense of
such claim at any time prior to the settlement, compromise or final determination thereof.
The Indemnifying Party will not, without Indemnified Parry's written consent, settle or
compromise any claim or consent to any entry or judgment which does not include as an
unconditional term thereof the giving by the claimant or the plaintiff to the Indemnified Party of
a release from all liability with respect to such claim, provided, however, that should the
Indemnified Party assume the control of the defense of a claim, the h~demnified Party shall have
the authority to settle or compromise any claim or consent to any entry of judgment, without the
Indemnifying Party's prior consent.
Agreement -Loss Conti-ot Services
City of Columbia Heights Public Works Department
January 7, 2008 Page 14 of 16
Ir~~tegra~ted Loss Coraz~-ol - (651) 633-6.525
Service Level Adjustment
As discussed, should you agree with our proposed level of on-going support and after a few
months there is an opportunity to have The City resources pick up selected. program
administrative responsibilities which ILC was performing, we would at that time, adjust our
Service Agreement to meet your requirements. You always have the option to adjust the level of
support or terminate the Service Agreement as you require.
TERMINATION:
Without Cause: The City or ILC may terminate this Agreement in whole or in part, at any time
without cause, a 30 days written notice is not required but appreciated.
Should the Agreement end early, an equitable adjustment shall be made to provide for
termination settlement cost ILC incurs relating to commitments (relates only to such things as
materials, equipment rental, laboratory costs, etc., does not relate to staffing) that had become
firm before termination.
INDEPENDENT CONTRACTOR:
In rendering its service under this Agreement, ILC is and shall remain an independent contractor
and neither TLC nor its employees shall be deemed to be an employee of the City. ILC shall be
solely responsible for all payroll, withholding, unemployment, and other taxes and all other
employee liabilities of every kind and natttre, whether in connection with this Agreement or
otherwise, ILC shall defend, indemnify and hold the City harmless against all tax and related
liabilities arising out of ILC's status as an employer. ILC's obligation to defend and indenu~ify
the City under this Section shall survive the expiration or termination of this Agreement by
either party for any reason.
NO AUTHORITY:
Neither ILC nor any of its employees or agents shall have any authority, right, or power to
obligate, bind or commit the City in any respect, directly or indirectly, to any eomnutment,
Agreement, liability or obligation, except as expressly approved in writing by an authorized
representative of the City.
SURVIVAL OF TERMS:
The provisions of the Confidentiality, Independent Contractor, and Indemnification sections and
any other sections of this Agreement which are intended to remain in effect after the expiration
or termination of this Agreement shall survive the expiration or termination of this Agreement
and remain in full force and effect thereafter.
Agreement -Loss Control Services
City of Columbia Heights Public Works Department
January 7, 2008
b~ztegrated Loss Go~~trol - (651) 633-6525
Page 15 of 16
NO ASSIGNMENT:
This Agreement is personal to ILC. Neither this Agreement nor any of ILC's rights, obligations,
or duties under this Agreement may be assigned or delegated to any other party without the prior
written consent of an authorized representative of the City.
AGREEMENT:
When signed by both parties, this is the Agreement upon which both parties will abide and
which ILC will deliver the agreed upon services.
:.. ,.
I t grated Loss Control, Inc.
Michael H. Ho]mquist
President
~ . ,~; ; t // ,
~,,~~` for City of Columbia Heights
Public Works Department
Date
% ,i`,~`~~~"i`
Date
..1y,E`t%rY`'/".~af Y(a ~G'c 'rz`.,7'"'`~ G/~1A`GIGj/'~ L~r 'r;. r"t _a
Title
.~~
_,,..
n ~
~.,
r
J`
G1alt Fehst Date
City l~anag€~;
Agreement -Loss Control Services
City of Columbia Heights Public Works Department
.l<un~ary 7, ?008
Page 16 of 16
Integratec~Loss C`orrlrol - (651) 633-6525