HomeMy WebLinkAboutContract No. 2013 2478 2013-
2478
AGREEMENT
To:
Lauren McClanahan
Public Works Superintendent
City of Columbia Heights Public Works Department
637 - 38th Avenue NE
Columbia Heights, MN 55421
(763) 706-3706
For:
Ongoing Services
Safety Program Support
December 17, 2012
From:
Michael H. Holmquist, MS
President
Integrated Loss Control, Inc.
5985 Rice Creek Parkway
Suite 102
Shoreview, MN 55126
651/633-6525
Agreement
Ongoing
Loss Control Services
DATE: December 17, 2012
CLIENT: City of Columbia Heights Public Works Department
637 - 38th Avenue NE
Columbia Heights, MN 55421
CONTACT: Lauren McClanahan
Public Works Superintendent
PROJECT: On-Going Safety 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, 2013 through December 31, 2013
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.
3- This Agreement is solely between ILC and City of Columbia Heights Public Works
Department; and there is no obligation in whole or in part to any third party.
SCOPE:
Health and Safety Monthly On-Going Support
ILC will provide a fixed level of monthly support to the 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. 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, 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 structured workplan for safety will be maintained. The workplan items would be addressed
over the normal Service Agreement period, unless required to expedite, with prior approval, a
particular item.
During the monthly site visits the following, at minimum, will be accomplished, within the
allotted time:
City of Columbia Heights Public Works Department
On-Going Agreement—Loss Control Services
December 17,2012 Page 2 of 12
Integrated Loss Control,Inc. (651)633-6525
Agreement
Ongoing
Loss Control Services
DATE: December 17, 2012
CLIENT: City of Columbia Heights Public Works Department
637 - 38th Avenue NE
Columbia Heights, MN 55421
CONTACT: Lauren McClanahan
Public Works Superintendent
PROJECT: On-Going Safety 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, 2013 through December 31, 2013
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.
3- This Agreement is solely between ILC and City of Columbia Heights Public Works
Department; and there is no obligation in whole or in part to any third party.
SCOPE:
Health and Safety Monthly On-Going Support
ILC will provide a fixed level of monthly support to the 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. 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, 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 structured workplan for safety will be maintained. The workplan items would be addressed
over the normal Service Agreement period, unless required to expedite, with prior approval, a
particular item.
During the monthly site visits the following, at minimum, will be accomplished, within the
allotted time:
City of Columbia Heights Public Works Department
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Health and Safety,within the allotted time (one site visit each month—2.5 hours allotted for the
month)
A. 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.
B. Review applicable OSHA recordkeeping,making sure all records are current and
complete. Examples might be; employee training records (Right-To-Know, fork truck,
etc.), crane, chain and sling inspection records, fork truck 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).
E. Identify 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 Health and Safety Program and its compliance requirements applicable to the
facility.
G. Review the Safety Data Sheet/Material Safety Data Sheet file and assist with updates as
necessary.
General On-going Service will include:
1. Coordinate, as appropriate, with the insurance Agent and insurance company any
industrial hygiene sampling required or other services as may be needed.
2. Provide guidance and technical support to the Safety Committee as requested.
3. Assist with reviewing and maintaining individual facility Health and Safety Program
binders.
4. Within the time allotted, develop any applicable 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. Serve as a readily available resource for questions from the management or their
designated representative.
City of Columbia Heights Public Works Department
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7. ILC would welcome any opportunity to conduct joint training or other services to other
cities with which the City of Columbia Heights may have a mutual aid arrangement. Any
additional costs, related to such an activity, would reflect applicable discounts due to
additional potential business opportunities 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.
GENERAL CONDITIONS°
1. 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.
2. ILC may have to work off-site at its own office sometimes.
3. 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 Columbia 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 request for service, ILC will make an initial contact with City of Columbia Heights
Public Works Department within 24 hours excluding holidays and weekends. Following
this contact, a mutually agreed upon date and time for the services will be arranged.
6. Dispersement (release) and timeliness of reports.
All reports generated through this Agreement will be made directly to City of Columbia
Heights Public Works Department. Detailed reports will be generated within 10 working
days of the receipt of final information pertinent to the report (eg. lab results).
7. The hours allotted for the service period are consumed at the rate of one hour for one hour
during normal day shift hours (7:00am through 7:00pm), 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 1.5 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 Agreement Administrator for City is Lauren McClanahan, Public Works
Superintendent.
The Agreement Administrator for ILC is Michael Holmquist, MS, President.
NOTE: All services provided by ILC through this Agreement are to be coordinated through
Lauren McClanahan, or their designee.
City of Columbia Heights Public Works Department
On-Going Agreement—Loss Control Services
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Integrated Loss Control,Inc. (651)633-6525
CONFIDENTIALITY/OWNERSHIP OF MATERIALS AND INTELLECTUAL
PROPERTY RIGHT
As a result of rendering services under this Agreement ILC will learn the identity of key
employees, clients of City of Columbia Heights and will learn about the nature of the work
performed, and results achieved by City of Columbia Heights and the procedures, systems,
forms, and methodologies utilized by City of Columbia Heights in its business. This information
constitutes confidential,proprietary information of City of Columbia Heights. ILC shall not use,
divulge to, or disclose to any person or entity, without written consent of an officer of City of
Columbia Heights, any Confidential Information unless legally required to do so. In addition to
and not to the exclusion of any other rights which City of Columbia Heights may have, City of
Columbia Heights shall be entitled to seek injunctive relief to restrain any threatened or actual
breach of ILC's obligations under this Section. The terms of this Confidentiality/Ownership of
Materials and Intellectual Property Right section shall survive the termination of this Agreement.
As a result of using the services of ILC under this Agreement, City of Columbia Heights will
learn the identity of key ILC employees and will learn about and receive (purchase) procedures,
products (hard copy and/or electronic), equipment, forms, and methodologies utilized by ILC in
its business. This information is for the sole use of City of Columbia Heights and constitutes
confidential,proprietary information of ILC. City of Columbia Heights shall not use, sell,
divulge to, or disclose to any person or entity, outside the scope of this Agreement, any
confidential information without written consent of an officer of ILC. The terms of this
Confidentiality/Ownership of Materials and Intellectual Property Right section shall survive the
termination of this Agreement.
ILC and the City of Columbia Heights agree that the City of Columbia Heights will own and
have the right to use,reproduce and apply as it desires, any data,reports, analyses and materials
which are collected or developed by ILC or anyone acting on behalf of ILC which are uniquely
and specifically conceived or created by ILC or anyone action on behalf of ILC which arise out of
the performance of this Service 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.
HEALTH AND SAFETY COMPLIANCE
GENERAL RESPONSIBILITIES CAN INCLUDE:
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 corrective measures.
City of Columbia Heights Public Works Department
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Review and develop safety programs and to upgrade implemented accident prevention
procedures and programs. Assist in reviewing and maintaining records required by federal, state
and local laws and those required by the City.
SPECIFIC SERVICE AREAS:
PROGRAM REVIEWS - 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,
maintenance and training required to meet federal, state and local regulations (ex: Minnesota
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 law).
OTHER PROGRAMS - assist with providing the 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, harmful 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, aiding in compliance with OSHA.
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 tunnel)
lockout/tagout
hazard recognition
forklift operations
Supervisory safety training
accident analysis
job safety awareness
job safety analysis-JSA
accident investigation
motivational techniques
City of Columbia Heights Public Works Department
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Integrated Loss Control,Inc. (651)633-6525
ergonomic (worksite design)
training and communication skills
SERVE AS A RESOURCE -regarding applicable laws and regulations.
COMPLIANCE REVIEWS - schedules allowing, participate during regulatory inspections of
the company.
PROVIDE OTHER HEALTH AND SAFETY SERVICES AS REQUESTED
O VERALL RISK ASSESSMENT SER VICES
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 trends
- 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, Bloodborne
Pathogens)
- Formulate 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 Return to Work program that will assist in effectively managing claims
Fleet Safety and Compliance
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
City of Columbia Heights Public Works Department
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Integrated Loss Control,Inc. (651)633-6525
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:
- Target a reduction in accidents
- Enhance defensive driving skills
- Meet regulatory requirements
- Promote safety awareness.
Property Protection and Fire Prevention Evaluations (ILC may coordinate services with partner participation.)
Develop a property protection and conservation program.
Provide basic training for inspection, testing, and maintenance of the automatic sprinkler
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 L'iabili'ty Evaluations (ILC may coordinate services with partner participation.)
Our evaluations can help enable underwriting to be more informed on 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:
I. Disability Management: identify and assist with early intervention and disability
management activities which can include:
- Employee return-to-work opportunities
- 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
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- Perform factual research to determine the legitimacy of workers' compensation claims
brought by employees
- Assist in preparing for workers'compensation hearings on litigated matters
II. Job Evaluations: help conduct special job analysis to identify:
- Health and safety concerns 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 trauma
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 injuries
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.
Support Services
ILC can,upon request, offer alternative support resources to the City of Columbia Heights Public
Works Department. By virtually being down the hall, Support Services can assist in performing
many administrative duties and other tasks, such as, but not limited to, (call for services
available):
Create Presentations and Presentation Materials/Handouts
Q&A regarding products you've purchased eSystem Updates
Update ILC Training Programs Special Project Assistance
Customized Media Development SDS/MDSD Management
Form Creation and Revision Format Documents
Document Scanning Data Entry
Copying Electronic File Organization
Editing/Proof-reading Create Spreadsheets
Compost Correspondence Transcribe Written Notes
Transcription from Audio Etc.
COST OF SERVICE:
ILC will provide the stated services for the fixed monthly cost of$332.00 during the twelve
month Agreement period for Safety Support. This includes travel, reporting and on-site time.
No costs beyond the basic monthly cost will be incurred without approval of City.
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Note: (due to possible increases in the cost of fuel, beyond ILC's control, this cost may be
adjusted by mutual agreement of client and ILC).
Should it be necessary, hours above and beyond the monthly allotment will be billed at an hourly
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
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. Normally supplies will be obtained through the City.
- When ILC is requested to use its technical equipment such as industrial 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 before such a cost is incurred.
- Questions 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 approved. 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.
Invoice payment is due ILC within 15 days of invoice date, any amount unpaid after 30 days will
be subject to a 5% late fee and finance charges at the rate of 18.00%per annum.
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 City harmless from any and all claims, liabilities,
judgments, losses, damages, costs and 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,
City of Columbia Heights Public Works Department
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December 17,2012 Page 10 of 12
'_) Integrated Loss Control,Inc. (651)633-6525
r
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 all 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 manner 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 "Indemnified Party") hereunder shall give the other party
(the "Indemnifying Party"), notice of the occurrence of any event giving rise to indemnification
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 Indemnified 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 reasonable time after notice of a claim 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 Party'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 Indemnified 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.
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:
With or Without Cause: The City or ILC may terminate this Agreement in whole or in part, at
any time with or 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.
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INDEPENDENT CONTRACTOR:
In rendering its service under this Agreement, ILC is and shall remain an independent contractor
and neither ILC 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 nature, 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 indemnify
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 commitment,
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/Ownership of Materials and Intellectual Property Right,
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.
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.
tegrated Loss (9irKrol, Inc. Date
Michael H. Holmquist
President
'C_'r�
for City of Columbia Heights Date
Public Works Department d P f
Title /Title
City of Columbia Heights Public Works Department
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