3.18 Safety Program 2023 SafeAssure Agreement
Request for
City Council Action
DEPARTMENT INFORMATION
ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE:
Utilities Assistant City Administrator/Human Resources Hille December 12, 2022
PRESENTER(s) REVIEWED BY: ITEM #:
Consent City Administrator/Finance Director Flaherty 3.18 – Safety Program
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
agreement with SafeAssure expires December 2022. In preparation for 2023, staff have reviewed the
safety management program and provide recommendation to enter into agreement with SafeAssure.
Several advantages of Safe Assure include access to unlimited consultation, job hazard assessments, lock
out tag out and safety data sheets. SafeAssure has a large client portfolio of municipalities and counties
with approving reference checks. The Safety Committee and Staff have provided review of the attached
agreement 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
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What SafeAssure
Will Do For
The City of Otsego
PROPOSAL/SERVICE AGREEMENT
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INTRODUCTION/GENERAL INFORMATION
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 Paull (Consultant/Instructor) - Client Services
• Tom Guntzburger (Consultant/Instructor) - Client Services
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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.
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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 $600 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).
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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.
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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.
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Service Agreement-Signature Page
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, 2023,
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, 2023 (or at a later date approved by SafeAssure or due
date stated within the produced invoice).
TOTAL COST $10,754.88
SDS SERVICES (SDS ON-LINE) (included)
TOTAL ANNUAL $10,754.88
IN TESTIMONY WHEREOF, we agree to the day and year first above written and, if representing 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 120122
President-SafeAssure Date