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<br />____________________________________________________________________________________________ <br />City of New Brighton <br />Ongoing Agreement - Loss Control Services <br />December 29, 2016 Page 5 of 13 <br /> <br /> Integrated Loss Control, Inc. (651) 633-6525 <br /> <br />other that this time frame between Monday and Friday, would consume 1.25 hours per <br />contract hour. On-site labor required during weekends would be consumed at 1.5 hours per <br />contract hour. The fixed monthly fee does not increase, only the rate of hours utilization <br />during these non-typical activities. <br /> <br />8. Agreement Administrator. <br /> <br /> The Agreement Administrator for City of New Brighton is Trevor Hamdorf, Deputy <br />Director. <br /> The Agreement Administrator for ILC is Michael Holmquist, MS, President. <br /> <br /> NOTE: All services provided by ILC through this Agreement are to be coordinated through <br />Trevor Hamdorf, or as designated. <br /> <br />CONFIDENTIALITY/OWNERSHIP OF MATERIALS AND INTELLECTUAL <br />PROPERTY RIGHT <br /> <br />As a result of rendering services under this Agreement ILC will learn the identity of key <br />employees, clients of the City of New Brighton and will learn about the nature of the work <br />performed, and results achieved by the City of New Brighton and the procedures, systems, forms, <br />and methodologies utilized by the City of New Brighton in its business. This information <br />constitutes confidential, proprietary information of the City of New Brighton. ILC shall not use, <br />divulge to, or disclose to any person or entity, without written consent of an officer of the City of <br />New Brighton, any Confidential Information unless legally required to do so. In addition to and <br />not to the exclusion of any other rights which the City of New Brighton may have, the City of <br />New Brighton shall be entitled to seek injunctive relief to restrain any threatened or actual breach <br />of ILC's obligations under this Section. The terms of this Confidentiality/Ownership of Materials <br />and Intellectual Property Right section shall survive the termination of this Agreement. <br /> <br />As a result of using the services of ILC under this Agreement, the City of New Brighton will learn <br />the identity of key ILC employees and will learn about and receive (purchase) procedures, <br />products (hard copy and/or electronic), equipment, forms, and methodologies utilized by ILC in <br />its business. This information is for the sole use of the City of New Brighton and constitutes <br />confidential, proprietary information of ILC. the City of New Brighton shall not use, sell, divulge <br />to, or disclose to any person or entity, outside the scope of this Agreement, any confidential <br />information without written consent of an officer of ILC. The terms of this <br />Confidentiality/Ownership of Materials and Intellectual Property Right section shall survive the <br />termination of this Agreement. <br /> <br />Notwithstanding anything to the contrary in this Agreement, all data created, collected, received, <br />stored, used, maintained or disseminated by ILC in connection with its activities under this <br />Agreement is subject to the requirements of the Minnesota Data Practices Act, Minnesota <br />Statutes, Chapter 13 (the "Act"), and ILC must comply with the requirements of the Act as if ILC <br />were a government entity, in accordance with Minnesota Statutes, Section 13.05, Subds. 6 and 11. <br />Notwithstanding anything to the contrary in this Agreement, the City will comply with the