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3.8 SafeAssure Agreement Request for City Council Action DEPARTMENT INFORMATION ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Utilities Utility Manager Neidermeier August 23, 2021 PRESENTER(s) REVIEWED BY: ITEM #: Consent City Administrator/Finance Director Flaherty 3.8 SafeAssure Agreement STRATEGIC VISION MEETS: THE CITY OF OTSEGO: Is a strong organization that is committed to leading the community through innovative communication. Has proactively expanded infrastructure to responsibly provide core services. X Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. Is a social community with diverse housing, service options, and employment opportunities. Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City staff is recommending City Council approve a Service Agreement for safety consultation services. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? Yes No BACKGROUND/JUSTIFICATION: The City of Otsego utilizes contractual services and video library to meet safety training needs. The current contract with MMUA expires December 2021. In preparation for 2022 budgeting, staff has reviewed safety management alternatives and provide recommendation to enter into agreement with Safe Assure. Several advantages of Safe Assure include access to unlimited consultation, job hazard assessments, lock out tag out and safety data sheets. They have a large client of municipalities and counties with approving reference checks. The Safety Committee and City Attorney Kendall have provided review of the attached contract with guidance of approval. SUPPORTING DOCUMENTS ATTACHED: • SafeAssure Proposal & Service Agreement POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to accept the proposal from SafeAssure and approve the Service Agreement for safety consultation services. BUDGET INFORMATION FUNDING: BUDGETED: Safety training is allocated by employee to each fund/department of the City. Yes Page | 0 What SafeAssure Will Do For The City of Otsego PROPOSAL/SERVICE AGREEMENT August 19,2021 (Start date January 1, 2022) Page | 1 INTRODUCTION/GENERAL INFORMATION This Proposal is made this nineteenth day of August 2021 for The City of Otsego, Otsego, Minnesota, herein referred to as The City of Otsego and SafeAssure 770 North Creek Avenue, Willmar, Minnesota, herein referred to as SafeAssure. The service agreement year will begin on January 1, 2022 OR immediately after the signing of this proposal/agreement (if later). This proposal includes full service as described throughout this document to departments/employees stated within the schedule. SafeAssure is a safety and OSHA compliance consulting company established on January 1, 1998 specializing primarily in Municipal, Construction, Manufacturing, and Medical operations. SafeAssure has an A+ rating with the Better Business Bureau (BBB). A complaint has never been filed against SafeAssure. SafeAssure currently provides full services to over 120 municipalities in Minnesota, any or all of which may be contacted for reference (a full list will be provided upon request). Our employees are our largest asset. All SafeAssure on-site client services employees are individually trained through OSHA certification programs and by SafeAssure Education Systems prior to conducting classroom or consultation services. The SafeAssure training management system continually reviews OSHA Regulations/Statutes/Interpretations and confers with OSHA representatives on any new or revised regulations or statutes. Employees are continually evaluated on OSHA subject matter proficiencies. SafeAssure employs 8 to 10 committed employees (depending on time of year). Although there is other staff, key team members most directly servicing municipalities and your organization will include: • Chadwick Peterson (President/Owner/Consultant/Instructor) - Overall Operations/Client Services/Quality Control • Melanie Bauman (Office Manager) - Scheduling/Coordinating/Client Services • Jonathon Beale (Consultant/Instructor) - Client Services • Tom Norgel (Consultant/Instructor) - Client Services • Tom Paul (Consultant/Instructor) - Client Services Page | 2 CONSULTING SERVICES (See also Training Schedule) • All written programs/services that are produced by SafeAssure are guaranteed to meet the requirements set forth by MNOSHA/OSHA. SafeAssure will reimburse The City of Otsego should MNOSHA/OSHA assess a fine for a deficient or inadequate written program that was produced by SafeAssure. SafeAssure does not take responsibility for financial loss due to MNOSHA/OSHA fines that are not directly related to improperly written programs. • SafeAssure will continuously monitor OSHA Standards and modify all safety related programs as needed to ensure updates meet OSHA regulations and statutes. These changes or additions, when made during an agreement year, will be made at no additional cost to the City of Otsego. • SafeAssure will conduct simulated OSHA audits of facilities (buildings), recording deficiencies and making corrective recommendations. Audits will include pictures of noted deficiencies and recommendations. All city owned buildings where city employees work will be inspected upon request and at no additional costs. • SafeAssure will provide answers to all and any OSHA questions submitted by department Supervisors (or other persons as allowed by management). Unlimited Consulting. • In the event of an actual OSHA inspection, a SafeAssure employee will directly assist during the inspection process. SafeAssure will be with you all the way, including a presence at the OSHA closing conference and/or citation contesting hearings when requested. • SafeAssure will assist you in the event of a serious work-related employee injury or death including OSHA correspondence and negotiations. • SafeAssure will provide an “ALERT” system that allows SafeAssure to quickly inform clients (through email) of any information that is pertinent to the safety of employees and/or OSHA compliance. • SafeAssure will provide access to an SDS database specific to the City of Otsego through msdsonline. The SDS database related services provided (amount of SDS and use) will be unlimited. Page | 3 TRAINING SERVICES (See also Training Schedule) • SafeAssure clients may utilize multiple training formats and techniques including but not limited to: o On-site training (preferred) with Power Point presentations, workbooks, videos, and topical employee participation games (see schedule). o Online ZOOM (see schedule) o Online training through video/question-answer as well as client-specific OSHA safety information. • SafeAssure provides online safety training and complete documentation of individual employee training on most subjects (see schedule) for employees directed by management to do online training (such as during shutdowns, new employees, or employees who missed on-site training). • All classroom training produced by SafeAssure for The City of Otsego are for the sole and express use of The City of Otsego and its employees and not to be filmed or digitized or shared without prior written approval of SafeAssure. • Data Practices Act. All government data collected, created, received, maintained or disseminated for any purpose by the Parties pursuant to this Agreement shall be governed by the provisions of the Minnesota Government Data Practices Act, Minn. Stat. §§ 13.01 et seq. (“the Data Practices Act”). Contractor agrees to comply with the Data Practices Act as it applies to any data provided to it by the City or third parties, and further agrees to cooperate and assist City staff in complying with any data practices requests arising out of, or related to, information generated or submitted pursuant to the contract. • All programs, policies, training, and procedures referenced on the following page do not include the cost of hardware such as labels and signs. It will be the responsibility of The City of Otsego to obtain this hardware as required to comply with OSHA standards. • All time spent consulting, answering questions, and assisting with OSHA inspections both on and off-site are part of the agreement services and are included (see also schedule). • Any additional classroom subjects/hours separate from the agreement and schedule will be billed and eligible for all “current client” discounts offered by SafeAssure not to exceed $500 per 2 hour training session. These hours (if any) will only be allowed upon approval of the City of Otsego management representative and SafeAssure. • Training subject matter will include all subjects listed within the provided annual schedule (see within). Page | 4 In the interest of Quality Safety Management, it may be recommended that written procedures and documented employee training also be provided for the following Subparts when or if applicable during the agreement year. (Subparts represent multiple standards) 1910 Subparts Subpart D - Walking - Working Surfaces Subpart E - Means of Egress Subpart F - Powered Platforms, Man-lifts, and Vehicle-Mounted Work Platforms Subpart G - Occupational Health and Environmental Control Subpart H - Hazardous Materials Subpart I - Personal Protective Equipment Subpart J - General Environmental Controls Subpart K - Medical and First Aid Subpart L - Fire Protection Subpart M - Compressed Gas and Compressed Air Equipment Subpart N - Materials Handling and Storage Subpart O - Machinery and Machine Guarding Subpart P - Hand and Portable Powered Tools and Other Hand-Held Equipment. Subpart Q - Welding, Cutting, and Brazing. Subpart S - Electrical Subpart Z - Toxic and Hazardous Substances 1926 Subparts Subpart C - General Safety and Health Provisions Subpart D - Occupational Health and Environmental Controls Subpart E - Personal Protective and Life Saving Equipment Subpart F - Fire Protection and Prevention Subpart G - Signs, Signals, and Barricades Subpart H - Materials Handling, Storage, Use, and Disposal Subpart I - Tools - Hand and Power Subpart J - Welding and Cutting Subpart K - Electrical Subpart L - Scaffolds Subpart M - Fall Protection Subpart N - Cranes, Derricks, Hoists, Elevators, and Conveyors Subpart O - Motor Vehicles, Mechanized Equipment, and Marine Operations Subpart P - Excavations Subpart V - Power Transmission and Distribution Subpart W - Rollover Protective Structures; Overhead Protection Subpart X - Stairways and Ladders Subpart Z - Toxic and Hazardous Substances Applicable MN OSHA 5205 Rules Applicable MN OSHA 5207 Rules Applicable MN OSHA 5206 Rules (Employee Right to Know) All training on the programs written by SafeAssure Consultants, Inc. will meet or exceed State and/or Federal OSHA requirements. Page | 5 SAFEASSURE INSURANCE SPECIFICS COMMERCIAL GENERAL LIABILITY EACH OCCURANCE 1,000,000 DAMAGE TO RENTED PREMISIS (EA OCCURANCE) 300,000 MED EXP (ANY ONE PERSON) 10,000 PERSONAL & ADV INJURY 1,000,000 GENERAL AGGREGSTE 2,000,000 PRODUCTS-COMP/OP AGG 2,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE UNIT (EA ACCIDENT) 1,000,000 UMBRELLA LIABILITY/EXCESS LIABILITY EACH OCCURANCE 1,000,000 AGGREGATE 2,000,000 WORKERS COMPENSATION EACH ACCIDENT 500,000 DISEASE-EACH EMPLOYEE 500,000 DISEASE-POLICY LIMIT 500,000 PROFESSIONAL LIABILITY 1,000,000 SafeAssure agrees to provide, at the time of execution of this agreement, The City of Otsego (upon request) with a current Certificate of Insurance with the above coverage lines. Page | 6 Page | 7 Service Agreement-Signature Page (start month January, 2022) SafeAssure agrees to abide by all applicable federal and state laws including, but not limited to, OSHA regulations and local/state/national building codes. Additionally, SafeAssure will practice all reasonable and appropriate safety and loss control practices. SafeAssure agrees that The City of Otsego will not be held liable for any claims, injuries, or damages of whatever nature due to negligence, alleged negligence, acts , or omissions of SafeAssure to third parties. SafeAssure expressly and in perpetuity releases and discharges The City of Otsego and its agents, members, officers, employees, heirs, and assigns from any such claims, injuries, or damages. SafeAssure will also agree to defend, indemnify , and hold harmless The City of Otsego, its agents, members, and heirs from any and all claims, injuries, or damages of whatever nature pursuant to the provisions of this agreement. SafeAssure is an independent contractor of The City of Otsego, and nothing in this agreement shall be considered to constitute the relationship of an employer/employee. In consideration of this signed agreement, for the period of 12 months from January 1, 2022 SafeAssure agrees to provide The City of Otsego the aforementioned features and services. These features and services include but are not limited to OSHA compliance recommendations and consultations, scheduled classroom-training sessions (see attached 12-month schedule), unlimited online training, an online SDS management program, and the production and maintenance of mandatory OSHA programs. These features and services will be prepared to meet the specific needs of The City of Otsego. If SafeAssure fails to perform any of the provisions of this agreement or fails to administer the work as to endanger the performance of the agreement, such failure may constitute default. Unless the default is excused by the city, the city may, upon written notice to the SafeAssure, cancel this agreement in partial or entirety. Either party can terminate the agreement at will upon written notice and refund of monies will be issued based on remaining time/services (prorated). The below is the agreement fee calculated by aforementioned services and schedule to be paid in full by the agreement start date of January 1, 2022 (or at a later date approved by SafeAssure or due date stated within the produced invoice). TOTAL COST $10,544.00 SDS SERVICES (SDS ON-LINE) (included) TOTAL ANNUAL $10,544.00 IN TESTIMONY WHEREOF, we agree to the day and year first above written and, if re presenting an organization or similar entity, further certify the undersigned are a duly authorized agent of said entity and authorized to sign on behalf of identified entity. X_________________________________________ The City of Otsego Date X_________________________________________ The City of Otsego Date X 08/19/2021 President-SafeAssure Date (Proposal honored for 90 days from above stated date)