TRICOR Safety Consult Agree
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MEMORANDUM
June 25, 2004
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Service Agreement with TRICOR Safety Consulting
Personnel Manager Randy Peck is recommending City Council approval of an
agreement with TRICOR Safety Consulting Services to provide hazardous
communication training and develop an emergency action plan for the Operations and
Maintenance Department. The estimated cost for their services is $1,350.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
¡v¿J) ~L
Miéhael C. Van Milligen '-
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Randy Peck, Personnel Manager
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CITY OF DUBUQUE, IOWA
MEMORANDUM
June 16, 2004
TO:
FROM:
Michael C. Van Milligen
City Manager
Randy Peck ..f) (ì
Personnel Manager r\)
SUBJECT: Service Agreement with TRICOR Safety Consulting
Operations and Maintenance Manager Don Vogt is recommending that the City
of Dubuque enter into an agreement with TRICOR Safety Consulting Services to
provide hazardous communication training and develop an emergency action plan for
the Operations and Maintenance Department. The estimated cost for their services is
$1,350. Sufficient funds are available in the Personnel activity budget to finance the
request. The agreement has been reviewed by Corporation Counsel Barry Lindahl and
he finds the terms to be acceptable. I recommend that the agreement be approved and
request that the City Council approve a motion authorizing you to sign the agreement.
RP:bf
cc:
Don Vogt, Operations and Maintenance Manager
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CITY OF DUBUQUE, IOWA
MEMORANDUM
June 11, 2004
TO: Michael C. Van Milligen, City Manager
FROM: Don Vogt, Operations and Maintenance Manager~
SUBJECT: TRICOR Safety Consulting Contract
INTRODUCTION
The purpose of this memorandum is to request your endorsement of the attached
contract with TRICOR Safety Consulting,
BACKGROUND
The Operations and Maintenance Department has an occupational safety team,
which meets monthly. Team members include workers from all of our
department's major work activities. We constantly strive to identify and remedy
areas of concern, and also areas of known deficiencies as per OSHA regulations.
We have used the services of TRICOR previously to help us with the more
technical programs, such as an inventory of our chemicals preceding Hazards
Communications awareness classes. This particular program must be
conducted annually and requires expertise in the area of chemical identification
and handling, The attached service agreement provides for the noted annual
program, which is mandated by federal law. The contract also provides for
TRICOR to develop another mandated program - a departmental Emergency
Action Plan, The total estimated cost for both services is $1,350.00.
Personnel Manager Randy Peck has monies in his budget for these programs.
Corporation Counsel Barry A. Lindahl reviewed an earlier edition of the attached
contract. All of Barry's changes have been incorporated into this agreement.
TRICOR's insurance coverage exceeds that required by our Schedule C.
ACTION STEP
Your endorsement of both attached copies of the agreement with TRICOR is
requested.
CC:
Randy Peck, Personnel Manager
Attachments
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TRICOR SAFETY CONSULTING
Service Agreement
TRICOR Safety Consulting
Division ofTRICOR, Inc.
500 Iowa Street
P.O. Box 1810
Dubuque, Iowa 52004-1810
City of Dubuque
Operations/Maintenance Dept.
925 Kerper Blvd
Dubuque,Iowa52001
Client
TRICOR Safety Consulting, a Division of TRICOR Inc., (herein, TRICOR) and Client
agree tbat all services specified below will be provided by TRICOR pursant to tbe terms
and conditions of tbis Agreement. Services by TRICOR may improve safety practices and
reduce claims and loss activity of tbe Client.
1. SERVICES.
TRICOR shall perform services for the Client according to specific proposals attached to this
Service Agreement.
2. FUTURE SERVICES.
Client and TRICOR may agree ftom time to time with respect to other services which shall
be performed by TRICOR for the Client but only if Client and TRICOR agree in writing by
amendment to this Agreement with respect to the nature and extent of such future services.
The terms and conditions of this Agreement shall govern the performance of such services by
TRICOR.
3. SERVICE FEE.
The Client shall pay TRICOR for its services per each specific proposal agreed upon by the
parties. All TRICOR invoices are due within 30 days of the date of invoice and Client shall
pay each invoice on or before the due date. TRICOR may suspend any service provided to
the Client under this Agreement if any invoice is not paid when due.
4. INSURANCE.
TRICOR shall maintain insurance as set forth in the attached insurance schedule at all times
during the term of this Agreement.
5. TERM.
This Agreement may be terminated by either party at any time with or without cause by
delivering to the other party 14 days prior written notice, specifying the date of termination.
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6. INDEMNITY AGREEMENT
Each party hereto agrees to defend, indemnify, save and hold harmless the other party fÌ"Om
and against any and all loss, damages, liability, expenses, judgments and claims which arise
fÌ"Om the negligent acts or omissions of the said party in the performance of its obligations
hereunder or otherwise. As used herein, the term "party" includes the officers, directors,
shareholders, employees and agents of each of the named parties hereto, and any other person
directy or indirectly employed by or retained by such named parties for purposes of carrying
out the provisions of this Agreement. In the event any claim or incidence gives rise to a claim
to of indemnification hereunder, the party seeking such indernnìficaiton shall immediately
notify the other in writing of the circumstances surrounding such loss or claim. The
obligations of each party hereunder shall survive the termination of this Agreement.
7. INTEGRATION.
This Agreement sets forth all of the terms, conditions, and agreements of the parties, and
supersedes former Agreements. There are no terms, conditions or agreements except as
herein provided. Representations or statements by any representative of a parr not stated
herein are not binding on the other party. No amendment or modification of this Agreement
shall be effective unless reduced to writing and executed by the parties.
8. GOVERNING LAW.
The law of Iowa shall be controlling in all matters relating to the interpretation and validity of
this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this
day of . 2004.
CITY OF DUBUQUE
Client
BY:
City Manager
TITLE:
DATE:
TRICOR SAFETY CONSULTING
BY:~~
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TITLE:
DATE:
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TRICOR SAFETY CONSULTING
Division ofTRICOR, Inc.
500 Iowa Street
P.O. Box 1810
Dubuque, Iowa 52004-1810
City of Dubuque
Operations and Maintenance Department
925 Kerper Boulevard
Dubuque, Iowa 52001-4864
TRICOR Safety Consulting will compliment the City of Dubuque Operations and
Maintenance Department's on-going safety program by providing safety services that will
assist in managing compliance with Federal and State regulations.
Safety services provided under this agreement include Hazardous Communication training
and program development and implementation.
Hazardous Communications standard is intended to address comprehensively the issue of
evaluating the potential hazards of chemicals and communicating infonnation concerning
hazards and appropriate protective measures to employees. The standard requires that
infonnation is provided about the hazardous chemicals to which employees are exposed, the
means of a hazard communication written program, labels and other fonDS of warning,
material safety data sheets (MSDS) and infonnation and training.
Hazard Communication: This service will include information on:
1. A review of the written hazard communications program to include;
. Chemical manufacturer's name
. Chemical name
. Hazardous ingredients of each chemical
. Emergency telephone number for each chemical
2. Training that will include a review of the measures employees can take to protect to
themselves from hazards, to include appropriate work practices, emergency procedures,
personal protective equipment and the labeling requirements.
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COST
TRICOR Safety Consulting will provide the above described safety services for a fee not to
exceed $300.00, unless the City of Dubuque and TRICOR Safety Consulting agrees in
writing to additional cost and/or services. (This fee includes all necessary training materials
(videos, handouts, etc.). Additional services will be billed at $95.00/hour on-site & report
writing, $50.00/hour travel time, and equipment rental cost.
I value the confidence you have placed in TRICOR Safety Consulting and want you know I
appreciate the opportunity to do business with the City of Dubuque.
Sincerely,
TRICOR Safety
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Tom Osterholz
Manager
Due to the constantly changing nature of government regulations, it is impossible to guarantee absolute
compliance with local, state, or federal laws, rules or regulations, This report is designed to provide
reasonably accurate and authoritative information in regard to the subject matter covered, It is not meant to
imply that every possible hazard has been identified, or that no other hazards exist. It is provided with the
understanding that TRICOR Safety Consulting is not engaged in rendering legal advice, If legal advice or
other expert assistance is required, the services of a competent professional person should be sought.
'"
TRICOR SAFETY CONSULTING
Division ofTRICOR, Inc.
500 Iowa Street
P.O. Box 1810
Dubuque, Iowa 52004-1810
City of Dubuque
Operations and Maintenance Department
925 Kerper Boulevard
Dubuque, Iowa 52001-4864
TRICOR Safety Consulting will compliment the City of Dubuque Operations and
Maintenance Department's on-going safety program by providing safety services that will
assist in managing compliance with Federal and State regulations.
Safety services provided under this agreement include Emere:encv Action Plan training and
program development and implementation.
Emergency Action Plans are designed to outline the mmlmum actions required by
management and supervisory personnel during an emergency (i.e., fire, weather related
emergencies, bomb threats, etc) in order to protect people, data and facilities.
Emere:encv Action Plan: This service will include infonnation:
. Develop, implement, and review a written management plan for emergencies
. Identify facility contact persons(s) for each emergency plan
. Develop emergency Action Plan procedures
. Make recommendations for posting evacuation routes and locations (assembly areas)
. Conduct training of all employees (mock evacuation drill)
. Make recommendations on monthly and annual inspections of fire alanns and equipment
COST
TRICOR Safety Consulting will provide the above described safety services for a fee not to
exceed $1,050.00, unless City of Dubuque and TRICOR Safety Consulting agrees in writing
to additional cost and/or services. (This fee includes all necessary training materials
(videos, handouts, etc.). Additional services will be billed at $95.00/hour on-site & report
writing, $50.00lhour travel time, and equipment rental cost.
I value the confidence you have placed in TRICOR Safety Consulting and want to let you
know I appreciate the opportunity to do business with the City of Dubuque.
Sincerely,
TRICOR Safety Consulting
\\~
Tom Osterholz
Manager
Due to the constantly changing nature of government regulations, it is impossible to guarantee
absolute compliance with local, state, or federal laws, rules or regulations, This report is designed
to provide reasonably accurate and authoritative infonnation in regard to the subject matter
covered. It is not meant to imply that every possible hazard has been identified, or that no other
hazards exist. It is provided with the understanding that TRlCaR Safety Consulting is not engaged
in rendering legal advice. If legal advice or other expert assistance is required, the services of a
competent professional person should be sought.
., '
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 of better in the current
AM. 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 if cancellation is prior to the
expiration date. This endorsement supersedes the standard cancellation
statement on the Certificate of Insurance.
3.
shall furnish a Certificate of Insurance to the City of
Dubuque, Iowa for the coverage required in Paragraph 6 below. Such
Certificates shall include copies of the following endorsements:
a) Thirty day notice of cancellation to the City of Dubuque.
b) Commercial General Liability policy is primary and non-contributing.
c) Commercial General Liability additional insured endorsement.
d) Governmental Immunities Endorsement.
e) Waiver of Recovery under workers compensation.
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
4. Each certificate shall be submitted to the contracting department of the City of
Dubuque.
5. Failure to provide minimum coverage shall not be deemed a waiver of these
requirements by the City of Dubuque. Failure to obtain or maintain the required
insurance shall be considered a material breach of this agreement.
6. Contractor shall be required to carry the following minimum coverage/limits or
greater if required by law or other legal agreement:
a) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit
Products-Completed Operations Aggregate Limit
Personal and Advertising Injury Limit
Each Occurrence Limit
Fire Damage Limit (anyone occurrence)
Medical Payments
$2,000,000
$1,000,000
$1,000,000
$1,000,000
$ 50,000
$ 5,000
This coverage shall be written on an occurrence, not claims made, form
per project. All deviations or exclusions from the standard ISO
commercial general liability form CG 0001 or Businessowners BP 0002
shall be clearly identified.
Page 1 of4
August 2003
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SCHEDULE C
INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES
Governmental Immunity endorsement identical or equivalent to form
attached.
An additional insured endorsement identical or equivalent to ISO Form
CG 2026 and include as additional insureds: "The City of Dubuque,
including all its elected and appointed officials, all its employees and
volunteers, all its boards, commissions and/or authorities and their board
members, employees, and volunteers."
b) WORKERS COMPENSATION & EMPLOYERS LIABILITY
Statutory for Coverage A
Employers Liability:
$100,000 each accident
$100,000 each employee-disease
$500,000 policy limit-disease
Policy shall include an endorsement waiving right of recovery
against City of Dubuque.
c) PROFESSIONAL LIABILITY:
d) UMBRELLA/EXCESS LIABILITY
$1,000,000
Coverage to be determined on a case-by-case basis by Finance Director.
Page2of4
August 2003
POLICY NUMBER
COMMERCIAL GENERAL LlABILIlY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person Or Organization:
The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all
its boards, commissions and/or authorities and their board members, employees, and volunteers.
(If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown
in the Schedule as an insured but only with respect to liability arising out of your operations or premises
owned by or rented to you.
Coovri2ht. Insurance Services Office. Inc. 1994
CG 20 2611 85
Page30f4
August 2003
CITY OF DUBUQUE, IOWA
GOVERNMENTAL IMMUNITIES ENDORSEMENT
1.
Nonwaiver of Governmental Immunity. The insurance carrier expressly
agrees and states that the purchase of this policy and the including of the City
of Dubuque, Iowa as an Additional Insured does not waive any of the
defenses of governmental immunity available to the City of Dubuque, Iowa
under Code of Iowa Section 670.4 as it is now exists and as it may be
amended from time to time.
2.
Claims Coveraqe. The insurance carrier further agrees that this policy of
insurance shall cover only those claims not subject to the defense of
governmental immunity under the Code of Iowa Section 670.4 as it now exists
and as it may be amended from time to time. Those claims not subject to
Code of Iowa Section 670.4 shall be covered by the terms and conditions of
this insurance policy.
3.
Assertion of Government Immunity. The City of Dubuque, Iowa shall be
responsible for asserting any defense of governmental immunity, and may do
so at any time and shall do so upon the timely written request of the
insurance carrier.
4.
Non-Denial of Coveraqe. The insurance carrier shall not deny coverage under
this policy and the insurance carrier shall not deny any of the rights and
benefits accruing to the City of Dubuque, Iowa under this policy for reasons of
governmental immunity unless and until a court of competent jurisdiction has
ruled in favor of the defense(s) of governmental immunity asserted by the City
of Dubuque, Iowa.
No Other Chanqe in Policy. The above preservation of governmental immunities
shall not otherwise change or alter the coverage available under the policy.
Page4of4
August 2003
.....
ACORDN CERTIFICA TE OF LIABILITY INSURANCE OP ID ~~ DATE (MM/DD1VYVV
TRICO-9 04/27/04
PRODUCER THIS CERTIFiCATE is ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
TRICOR, Inc. - Lancaster HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
230 W. Cherry Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Lancaster WI 53813 I
Phone: 608-723-6441 Fax: 608-723-6440 INSURERS AFFORDING COVERAGE I NAIC#
INSURED .. Ac~~ty Ins/Heritage
INSURER A 14184
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Tricor Inc INSURER c:
t~c:sÉ~~:Ci¥ ~~~1~50 IINSURERD~-
¡ INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FDR THE POLICY PERIDD INDICATED. NOTWITHSTANDING
ANV REQUIREMENT, TERM OR CONDITION OF ANVCONTRAcr OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE IBSUED 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 SHOWN MAY HAYE BEEN REOUCED BY PAID CLAIMS
,~ i:fs~ TYPE OF INSURANCE POlIC~-;ÚMBER
GENERAl LIASILITY
-
X COMMERCIAL GENERAL LIABILITY F22460
~p ClAIMS MADE ~ OCCUR
I é'i\f~:'¡~J"¡:~E
gHEY¡¡*Ch"thKf'
LIMITS
A
01/31/04
01/31/05
EACH OCCURRENCE
I ~;m.;:s~S lEa ~';;'ncel
MED EXP (My one """""1
PERSONAL & AnY INJURY
GENERAL AGGREGATE
GEN'L AGGREGATE LIMIT APPLIES PER
h POLICY n- jr8i (:Y LDC
AUTOMOBILE LIABILITY
-
~ ANY AUTO
I
I
I
I
01/31/04
PRODUCTS - COMPIOP AGG
$ 1000000
$ 100000
$ 5000
s 1000000
$2000000
s 2000000
A
F22460
COMBINED SINGLE LIMIT
01/31/05 (Eaoed"M')
s1000000
-
-
ALL OWNED AUTOS
SCHEOULEDAUTOS
BODILY INJURY S
~"'--- ---+-- --.--.
rp~~;~~~RY , s
--
f-- HIRED AUTOS
---
NON-OWNED AUTOS
GARAGE UABlliTY
l ANY AUTO
EXCESS/UMBRELLA LIABILITY
~ OCCUR 0 CLAIMS MADE
RDEDUCTlBLE
RETENTION $
WORKERS CDMPENSATlON AND
A :~~~~~:~~~~A;TNERlEXECUTIVE
OFFICERIMEMBER EXCLUDEO?
~rJ:,~',;'~~v~rtNS ""low
OTHER
PROPERTY DAMAGE
(Por ace"'anl)
s
,
AUTO ONL Y - EA ACCIDENT
s
A
F22460
01/31/04
AGG $
EACH OCCURRENCE S 10000000
01/31/05 AGGREGATE -- ~1000°<1.~
s
$
OTHER THAN
AUTO ONL V
EA ACC S
--
F22460
01/31/04
I
i
01/31/05
s
X I TOR/LIMITS , luE~-_~
~~ACCIDENT $ 100000
ELDISEASE-EAEMPLOYEE s100.Q()0 -
E.L DISEASE-POLICY LIMIT S 500000
DeSCRIPTION OF OPERATIONS I LOCATIONS I YEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT / SPECIAL PROVISIONS
City of Dubuque, Iowa is an additional insured on the policy; Governmental
Immunities Endorsament is included.
CERTIFICATE HOLDER
CITY DU SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE T"EREOF, THO ISSUING INSURER WILL ENDEAVOR TO MAil 30 DAY1I WRITTEN
City of Dubuque NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL
Operations & MaintenanCe Dept IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON THE INSURER, ITS AGENTS OR
925 Kerper Blvd REPRESENTATIVES,
Dubuque IA 52001-2338 AUTHORIZED REPRESENTATIVE
David H. Fritz crc CPCU
CANCELLATION
ACORD 25 (2001/08)
@ACORDCORPORATION 1988
'--
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed, A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s),
If SU8ROGA TION 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)
----
------- --
04/26/04
10:01
'&608 256 0170
IIA OF WISCONSIN ----
- - - - "-
I4i 002/002
Westpon Insurance Corporation
Issue Date: 04/2612004
CERTIFICAT:E OF INSURANCE
(Claims First Made)
Certificate Holder:
City Of Dubuque, Iowa
City Of Dubuque, Iowa
:Dubuque, Iowa
This is to certifY that the named insured is cova-ed by the insurance Policy described below issued by Wes1port Insurance COrporation of
Overland Park, I<ansas. Coverage afforded the named insured i;¡ SUbject to all teffils, exclusions, limitations and conditions of sucb policy.
Limits shoWn may have been reduced by paid claims.
TYPE OF INSURANCE: Errors & Omissions Liability
POLICY NUMBER: PAL2010I3-3
NAMED INSURED: TriCor, Inc.
Foliey Aggregate Limit of Liability for all "coverage units": $7,000,000
Coverage .. CLAIMS EXJ'ENSES ARE IN ADDITION TO TBE LIMIT OF LIABILITY FOR THE COVERAGE UNITS
LIsTED 1N THIS SECTION
"Coverage Unit" Deductible
"Coverage Unit" Limit of Liability :Deductible Aggregate
Limit ofLiabiliry Aggregate Eacb Each Each "Policy "Retroactive
"Coverage Unit" Each Claim "Policy Feriod" ClaiIn Period" Date"
$7,000,000 $7,000,000 $10,000 $30,000 not applicable
Coverage .. CLAIMS EXPENSES ARE INCLUDED WITHIN TlIE LIMIT OF LIABILITY FOR THE COVERAGE UNITS
LISTED IN THIS SECTION
"Coverage Unit" "Coverage Unit" Deductible DedlICtiblc
Per Claim Limit Aggregate Limit Each Aggregate Each "Retroactive
"Coverage Unit" of Liability of Liability Claim "Policy Period" Date"
Not ApþJicabJe Not Applicable Not Applicable Not Not Applicable Not
AppliCJIble Apþlicable
EFFECTIVE DATE:
FROM: December 7, 2003
TO: December 7, 2004
By the issuance of tIùs Certificate, Wesíport Insurance Coq>orarion assumes no obligation to provide notice of change in or cancellation
of the policy.
ïìr::;~CE CO~ORA TI ON
Authorized Represen~
Endorsement Serial No. SF 000 26OA 0500
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TRICOR SAFETY CONSULTING
Service Agreement
TRICOR Safety Consulting
Division ofTRICOR, Inc.
500 Iowa Street
P.O. Box 1810
Dubuque, Iowa 52004-1810
City of Dubuque
OperatìonslMaintenance Dept.
925 Kerper Blvd
Dubuque, Iowa 52001
Client
TRICOR Safety Consulting, a Division of TRICOR Inc., (herein, TRICOR) and Client
agree tbat all services specified below will be provided by TRICOR pursant to tbe terms
and conditions of tbis Agreement. Services by TRICOR may improve safety practices and
reduce claims and loss activity of tbe Client.
1. SERVICES.
TRICOR shall perform services for the Client according to specific proposals attached to this
Service Agreement.
2. FUTURE SERVICES.
Client and TRICOR may agree fÌ"Om time to time with respect to other services which shall
be performed by TRICOR for the Client but only if Client and TRICOR agree in writing by
amendment to this Agreement with respect to the nature and extent of such future services.
The terms and conditions of this Agreement shall govern the performance of such services by
TRICOR.
3. SERVICE FEE.
The Client shall pay TRICOR for its services per each specific proposal agreed upon by the
parties. All TRICOR invoices are due within 30 days of the date of invoice and Client shall
pay each invoice on or before the due date. TRICOR may suspend any service provided to
the Client under this Agreement if any invoice is not paid when due.
4. INSURANCE.
TRICOR shall maintain insurance as set forth in the attached insurance schedule at all times
during the term of this Agreement.
5. TERM.
This Agreement may be terminated by either party at any time with or without cause by
delivering to the other party 14 days prior written notice, specifying the date of termination.
.~
6. INDEMNITY AGREEMENT
Each party hereto agrees to defend, indemnify, save and hold harmless the other party fÌ"Om
and against any and all loss, damages, liability, expenses, judgments and claims which arise
fÌ"Om the negligent acts or omissions of the said party in the performance of its obligations
hereunder or otherwise. As used herein, the term "party" includes the officers, directors,
shareholders, employees and agents of each of the named parties hereto, and any other person
directy or indirectly employed by or retained by such named parties for purposes of carrying
out the provisions of this Agreement. In the event any claim or incidence gives rise to a claim
to of indemnification hereunder, the party seeking such indemnificaiton shall immediately
notify the other in writing of the circumstances surrounding such loss or claim. The
obligations of each party hereunder shall survive the termination of this Agreement.
7. INTEGRATION.
This Agreement sets forth all of the terms, conditions, and agreements of the parties, and
supersedes former Agreements. There are no terms, conditions or agreements except as
herein provided. Representations or statements by any representative of a parr not stated
herein are not binding on the other party. No amendment or modification of this Agreement
shall be effective unless reduced to writing and executed by the parties.
8. GOVERNING LAW.
The law of Iowa shall be controlling in all matters relating to the interpretation and validity of
this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this
day of .2004.
CITY OF DUBUQUE
Client
BY:
City Manager
TITLE:
DATE:
TRICOR SAFETY CONSULTING
BY: ~~~
DATE:
~
T~ I, ;).o!)°V
TITLE:
TRICOR SAFETY CONSULTING
Division ofTRICOR, Inc.
500 Iowa Street
P.O, Box 1810
Dubuque, Iowa 52004-1810
City of Dubuque
Operations and Maintenance Department
925 Kerper Boulevard
Dubuque, Iowa 52001-4864
TRICOR Safety Consulting will compliment the City of Dubuque Operations and
Maintenance Department's on-going safety program by providing safety services that will
assist in managing compliance with Federal and State regulations.
Safety services provided under this agreement include Emen!encv Action Plan training and
program development and implementation.
Emergency Action Plans are designed to outline the minimum actions required by
management and supervisory personnel during an emergency (i.e., fire, weather related
emergencies, bomb threats, etc) in order to protect people, data and facilities.
Emen!encv Action Plan: This service will include infonnation:
.
Develop, implement, and review a written management plan for emergencies
Identify facility contact persons(s) for each emergency plan
Develop emergency Action Plan procedures
Make recommendations for posting evacuation routes and locations (assembly areas)
Conduct training of all employees (mock evacuation drill)
Make recommendations on monthly and annual inspections of fire alanns and equipment
.
.
.
.
.
COST
TRICOR Safety Consulting will provide the above described safety services for a fee not to
exceed $1,050.00, unless City of Dubuque and TRICOR Safety Consulting agrees in writing
to additional cost and/or services. (This fee includes all necessary training materials
(videos, handouts, etc.). Additional services will be billed at $95.00/hour on-site & report
writing, $50.00/hour travel time, and equipment rental cost.
I value the confidence you have placed in TRICOR Safety Consulting and want to let you
know I appreciate the opportunity to do business with the City of Dubuque.
Sincerely,
TRICOR Safety Consulting
~~
Tom Osterholz
Manager
Due to the constantly changing nature of government regulations, it is impossible to guarantee
absolute compliance with local, state, or federal laws, rules or regulations. This report is designed
to provide reasonably accurate and authoritative information in regard to the subject matter
covered. It is not meant to imply that every possible hazard has been identified, or that no other
hazards exist. It is provided with the understanding that TRICOR Safety Consulting is not engaged
in rendering legal advice. If legal advice or other expert assistance is required, the services of a
competent professional person should be sought.
.~
TRICOR SAFETY CONSULTING
Division ofTRICOR, Inc.
500 Iowa Street
P.O. Box 1810
Dubuque, Iowa 52004-1810
City of Dubuque
Operations and Maintenance Department
925 Kerper Boulevard
Dubuque, Iowa 52001-4864
TRICOR Safety Consulting will compliment the City of Dubuque Operations and
Maintenance Department's on-going safety program by providing safety services that will
assist in managing compliance with Federal and State regulations.
Safety services provided under this agreement include Hazardous Communication training
and program development and implementation.
Hazardous Communications standard is intended to address comprehensively the issue of
evaluating the potential hazards of chemicals and communicating information concerning
hazards and appropriate protective measures to employees. The standard requires that
information is provided about the hazardous chemicals to which employees are exposed, the
means of a hazard communication written program, labels and other forms of warning,
material safety data sheets (MSDS) and information and training.
Hazard Communication: This service will include information on:
1. A review of the written hazard communications program to include;
. Chemical manufacturer's name
. Chemical name
. Hazardous ingredients of each chemical
. Emergency telephone number for each chemical
2. Training that will include a review of the measures employees can take to protect to
themselves from hazards, to include appropriate work practices, emergency procedures,
personal protective equipment and the labeling requirements.
COST
TRICOR Safety Consulting will provide the above described safety services for a fee not to
exceed $300.00, unless the City of Dubuque and TRICOR Safety Consulting agrees in
writing to additional cost and/or services, (This fee includes all necessary training materials
(videos, handouts, etc.). Additional services will be billed at $95.00/hour on-site & report
writing, $50,OO/hour travel time, and equipment rental cost.
I value the confidence you have placed in TRICOR Safety Consulting and want you know I
appreciate the opportunity to do business with the City of Dubuque.
Sincerely,
TRICOR Safety Consulting
\~.
Tom Osterholz
Manager
Due to the constantly changing nature of government regulations, it is impossible to guarantee
absolute compliance with local, state, or federal laws, rules or regulations. This report is designed
to provide reasonably accurate and authoritative information in regard to the subject matter
covered. It is not meant to imply that every possible hazard has been identified, or that no other
hazards exist. It is provided with the understanding that TRICOR Safety Consulting is not engaged
in rendering legal advice, If legal advice or other expert assistance is required, the services of a
competent professional person should be sought.
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 of 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 if cancellation is prior to the
expiration date. This endorsement supersedes the standard cancellation
statement on the Certificate of Insurance.
3.
shall furnish a Certificate of Insurance to the City of
Dubuque, Iowa for the coverage required in Paragraph 6 below. Such
Certificates shall include copies of the following endorsements:
a) Thirty day notice of cancellation to the City of Dubuque.
b) Commercial General Liability policy is primary and non-contributing.
c) Commercial General Liability additional insured endorsement.
d) Governmental Immunities Endorsement.
e) Waiver of Recovery under workers compensation.
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
4. Each certificate shall be submitted to the contracting department of the City of
Dubuque.
5. Failure to provide minimum coverage shall not be deemed a waiver of these
requirements by the City of Dubuque. Failure to obtain or maintain the required
insurance shall be considered a material breach of this agreement.
6. Contractor shall be required to carry the following minimum coverage/limits or
greater if required by law or other legal agreement:
a) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit
Products-Completed Operations Aggregate Limit
Personal and Advertising Injury Limit
Each Occurrence Limit
Fire Damage Limit (anyone occurrence)
Medical Payments
$2,000,000
$1,000,000
$1,000,000
$1,000,000
$ 50,000
$ 5,000
This coverage shall be written on an occurrence, not claims made, form
per project. All deviations or exclusions from the standard ISO
commercial general liability form CG 0001 or Businessowners BP 0002
shall be clearly identified.
Pagelof4
August 2003
, .
SCHEDULE C
INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES
Governmental Immunity endorsement identical or equivalent to form
attached.
An additional insured endorsement identical or equivalent to ISO Form
CG 2026 and include as additional insureds: "The City of Dubuque,
including all its elected and appointed officials, all its employees and
volunteers, all its boards, commissions and/or authorities and their board
members, employees, and volunteers."
b) WORKERS COMPENSATION & EMPLOYERS LIABILITY
Statutory for Coverage A
Employers Liability:
$100,000 each accident
$100,000 each employee-disease
$500,000 policy limit-disease
Policy shall include an endorsement waiving right of recovery
against City of Dubuque.
c) PROFESSIONAL LIABILITY:
d) UMBRELLA/EXCESS LIABILITY
$1,000,000
Coverage to be determined on a case-by-case basis by Finance Director.
Page2of4
August 2003
, .
POLICY NUMBER
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person Or Organization:
The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all
its boards, commissions and/or authorities and their board members, employees, and volunteers.
(If no entry appears above, infonnation required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown
in the Schedule as an insured but only with respect to liability arising out of your operations or premises
owned by or rented to you.
Coovriehl Insurance Services Office. Inc, 1994
CG 20 2611 85
Page 3 of4
August 2003
. .
CITY OF DUBUQUE, IOWA
GOVERNMENTAL IMMUNITIES ENDORSEMENT
1.
Nonwaiver of Governmentallmmunitv. The insurance carrier expressly
agrees and states that the purchase of this policy and the including of the City
of Dubuque, Iowa as an Additional Insured does not waive any of the
defenses of governmental immunity available to the City of Dubuque, Iowa
under Code of Iowa Section 670.4 as it is now exists and as it may be
amended from time to time.
2.
Claims Coveraqe. The insurance carrier further agrees that this policy of
insurance shall cover only those claims not subject to the defense of
governmental immunity under the Code of Iowa Section 670.4 as it now exists
and as it may be amended from time to time. Those claims not subject to
Code of Iowa Section 670.4 shall be covered by the terms and conditions of
this insurance policy.
3.
Assertion of Government Immunity. The City of Dubuque, Iowa shall be
responsible for asserting any defense of governmental immunity, and may do
so at any time and shall do so upon the timely written request of the
insurance carrier.
4.
Non-Denial of Coveraqe. The insurance carrier shall not deny coverage under
this policy and the insurance carrier shall not deny any of the rights and
benefits accruing to the City of Dubuque, Iowa under this policy for reasons of
governmental immunity unless and until a court of competent jurisdiction has
ruled in favor of the defense(s) of governmental immunity asserted by the City
of Dubuque, Iowa.
No Other Chanqe in Policy. The above preservation of governmental immunities
shall not otherwise change or alter the coverage available under the policy.
Page4of4
August 2003
ACORDN CERTIFICATE OF LIABILITY INSURANCE OP ID s~ DATE (MMIDOIYVYYI
TRICO-9 04/27/04
PROOUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CDNFERS NO RIGHTS UPON THE CERTIFICATE
TlUCOR, Inc. - Lancaster HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
230 W. Cherry Street ALTER THE COVERAGe AFFORDED BY THE POLICIES BELOW.
Lancaster WI 53813 I
Phone: 608-723-6441 Fax: 608-723-6440 INSURERS AFFORDING COVERAGE I NAIC#
INSURED _no. ......
INSURER A: ~c:!:'~ty Ins/Heri taae 14184
~:
Tricor Inc INSURER C:
~~C:S?e~ri1 ~~~1~50 I INSURER D~
¡ INSURER E
COVERAGES
THE POLICIES OF INSURANCE lISTEO BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
AHV REQUIREMENT, TERM OR CONOITION OF AHV CONTRAC r OR OTHER OOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUEO 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 SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
'~~~..i - ._--, 'æ,'4EiMWDÒÍÝŸ," '~k~T,ti"';D'jf~~
TYPE QF INSURANCE POLICY NUMBER LIMITS
GENERAL LIABILITY EACH OCCURRENCE S 1000000
f--
A ~ COMMERCIAL GENERAL LIABILITY F22460 01/31/04 01/31/05 PREMISES (Ea <?CC","nco S 100000
I-- :::J ClAIMS MADE ŒJ OCCUR "EO EXP (Anyone p«acn) S 5000
PERSONAL & ADV INJURY S 1000000
I GENERAL AGGREGATE S 2000000
GEN'l AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGG S 2000000
II, (nPRO- n
POLICY JECT LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 1000000
- F22460 01/31/04; 01/31/05 (Ea""","nl)
A .!. ANY AUTO
ALL OWNED AUTOS ! BODILY INJURY
- S
SCHEDULED AUTOS (Porl*""n) --- ---1-- ""'-.-n..
- .--
HIRED AUTOS BODilY INJURV $
- ' (Per acQdont)
NON.QWNED AUTOS
----
- ; PROPERTY DAMAGE $
(Per """...,,>
GARAGE UABIUTY : AUTO ONL V - EA ACCIDENT $
l ANVAUTO ; ;
OTHER THAN EAACC $ --
, -
, AUTO ONLY: AOO $
EXCESSIUMBRELLA LlABlUTY EACH OCCURRENCE $ 10000000
A !J OCCUR D ClAIMS MADE F22460 01/31/04 01/31/05 AGGREGATE s 10000000
$
R DEDUCTIBLE $ ..------
RETENTION S S
WORKERS COMPENSATION AND I I X I TÔRVT,MITŠ , IUER' --
A EMPLOYERS' LIABIUTY F22460 01/31/04 I 01/31/05 E.L, EACH ACCIDENT $ 100000
ANY PROPRIETORIPARTNERlEXECUTIVE ! S 100000
OFFICERIME"BER EXCLUDED? I E.L. DISEASE - EA EMPLOYEE
i .---
~1:'.;';\'ð'V~~NS bolaw E.L DISEASE - POLICY LIMIT S 500000
OTHER
DESCIUPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BV ENDORSEMENT I SPECIAL PROVISIONS
Ci ty of Dubuque, Iowa is an additional insured on the policy; Governmental
Immunities Endors8II18nt is included.
CERTIFICATE HOLDER
CANCELLATION
CITY DU SHOULD ANV OF TlfE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE TlfE EXPIRATION
DATE THEREOP, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS wRITTEN
Ci ty of Dubuque NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, RUT FAILURE TO DO so SHALL
Operations & Maintenance Dept IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, m; AGENTS OR
925 Kerper Blvd REPRESENTATIVES.
Dubuque IA 52001-2338 AUTHORIZED REPRESENTATIVE
David H. Fritz CIC CI?CU
988
ACORD 25 (2001/08)
@ACORD CORPORATION 1
IMPORTANT
¡fthe 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 (2001108)
04/26/04
10:01
'ð'608 256 0170
IIA OF WISCONSIN ~
--- -"-
I4J 0021002
Westpon Insurance Corporation
C}tR.TIFICATE OF INSUR.ANCE
(Claims First Made)
Issue Date: 04/2612004
Certificate Holder:
City Of Dubuque, Iowa
City Of Dubuque, Iowa
Dubuque, Iowa
This is to certifY that the æ.med msured is covered by the insurance PoUcy described below issued by Westport Insurance Corporation of
Overland Park, ICansas. Coverage afforded the named insured is subject to all terms, exclusions, limitations and conditions of such policy.
Limits shoWn may have been reduced by paid claims.
TYPE OF INSURANCE: Errors & Omissions Liability
POLICY NUMBER: PAL201013-3
NAMED INSURED: TriCor, Inc.
Policy Aggregate Limit of Liability for all "coverage units": $7,000,000
Coverage - CLJ\IMS EXlENSES ARE IN AlmmON TO THE LIMIT OF LIABIlJTY FOR TOE COVERAGE UNITS
LISTED IN THIS SECTION
"Coverage Unit" Deductible
"Coverage Unit" Limit of Liability Deductible Aggregate
Limit ofLiabillty Aggregate Each Each Each "Policy "Retroactive
"Coverage Unit" Each Claim "Policy Period" Claim Period" Date"
$7,000,000 $7,000,000 $10,000 $30,000 not applicable
Coverage. CLAIMS EXPENSES ARE INCLUDED WITHIN mE LIMIT OF liABILITY FOR TIII£ COVERAGE UNJ:TS
LISTED IN THIS SECTION
"Coverage Unit" "Co"erage Unit" Deducti.'ble Deductible
Per Clairn Limit Aggregate Limit Each Aggregate Each "Reiroactive
"COVetage Unit" of Liability of Liability C1ann "Policy Period" Date"
Not Applicable Not Applicable Not Applicable Not Not Applicable Nor
AppliCJIble Applicable
EFFECTIVE DATE:
FROM: December 7, 2003
TO: December 7, 2004
By the issuance of 1:bis Ce.ttificate, Westport Insurance Cotporation assumes no obligation TO provide notice of change in or cancellation
oftl1e policy.
WESTPORT INSURANCE CORPORATION
j¿~
Endorsement Serial No. SP 000 26OA 0500