4.12. SR 07-06-2015 EOty1� ,.,�� Request for Action
River
To Item Number
Mayor and City Council 4.12
Agenda Section Meeting Date Prepared by
ConsentJuly 6, 2015 T.John Cunningham, Fire Chief
Item Description Reviewed by
Safety Consultation Agreement Tim Simon, Finance Director
Reviewed by
Cal Portner, City Administrator
Action Requested
Approve,by motion, a professional services agreement with Premier Safety Training and Consulting.
Background/Discussion
The city is committed to providing a safe working environment for its employees. This is accomplished
through creating a safety culture throughout the organization and by conducting regular training, site
assessments, and ensuring employees have the adequate equipment to perform work assignments safely.
The city has an active safety committee which meets monthly to review accident trends and to discuss any
safety concerns or suggestions.
Regulations and industry best practices change on a regular basis. As such,it is important for employers
to regularly evaluate their safety programs. As part of the city's multi-year safety training program is the
completion of a safety program evaluation,which is detailed in Attachment A. This will include the
development of a training matrix which will be the foundation for future safety training programs.
Financial Impact
Safety training and consultation is budgeted through the city's Insurance Reserve Fund. The evaluation
was budgeted for 2015.
Attachments
■ Standard Agreement for Professional Services
■ Exhibit A—Proposal from Premier Safety Training and Consulting
POWERED 6T
Template Updoted 4/14 INAWRE1
City of
Elk
River
13065 Orono Parkway
Elk River,MN 55330
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT ("Agreement") is made this day of , 20 ,between
the City of Elk River,Minnesota ("City"),whose business address is 13065 Orono Parkway,
Elk River,MN 55330 and Premier Safety Training and Consulting ("Consultant") whose
business address is 7823 191 st Ln NW,Nowthen,MN 55303.
PRELIMINARY STATEMENT
The City has adopted a policy regarding the selection and hiring of consultants to provide a
variety of professional services for City projects. That policy requires that persons, firms, or
corporations providing such services enter into written agreements with the City. The
purpose of this agreement is to set forth the terms and conditions for the professional
services Consultant will provide in connection with safety consultation,herein referred to as
the "Work".
The City and Consultant agree as follows:
1. Work. The Consultant agrees to provide the professional services described in
Exhibit"A" attached hereto (the "Work").
2. Time for Performance of Services. The Consultant shall perform the services
described in Exhibit A according to a schedule mutually agreed upon by both parties.
3. Compensation for Services. City agrees to pay the Consultant$12,950.00 for the
Work. Any changes in the scope of the Work which may result in additional
compensation due to the Consultant shall require prior written approval by an
authorized representative of the City or by the City Council. The City will not pay
additional compensation for services that do not have prior written authorization.
The hourly compensable rate is $75.
4. The City agrees to provide the Consultant with the information required to complete
the Work.
5. Method of Payment. The Consultant shall submit itemized bills for professional
services performed under this Agreement on a monthly basis. Bills submitted shall
be paid in the same manner as other claims made to the City.
Page 1 of 9 Standard Agreement For Professional Services
6. Project Manager and Staffing. The Consultant has designated the individuals
identified in Exhibit A as the Project Manager to serve on the Project. The Project
Manager shall be assisted by other staff members as necessary to facilitate the
completion of the Project in accordance with the terms established herein.
Consultant may not remove or replace the Project Manager without the approval of
the City.
7. Standard of Care. Standard of Care. Consultant shall exercise the same degree of
care, skill and diligence in the performance of the Work as is ordinarily exercised by
members of the profession under similar circumstances in Minnesota. Consultant
shall be liable to the fullest extent permitted under applicable law,without limitation,
for any injuries,loss, or damages proximately caused by Consultant's breach of this
standard of care. Consultant shall put forth reasonable efforts to complete its duties
in a timely manner. Consultant shall not be responsible for delays caused by factors
beyond its control or that could not be reasonably foreseen at the time of execution
of this Agreement. Consultant shall be responsible for costs or damages arising
from unreasonable delays in the completion of the Work.
8. Audit Disclosure. The Consultant shall allow the City or its duly authorized agents
reasonable access to such of the Consultant's books and records as are pertinent to
the work performed under this Agreement. Any reports,information, data, etc.
given to, or prepared or assembled by, the Consultant under this Agreement which
the City requests to be kept confidential shall not be made available to any individual
or organization without the City's prior written approval. All finished or unfinished
documents, data, studies, surveys, drawings, maps,models,photographs, and reports
prepared by the Consultant shall become the property of the City upon termination
of this Agreement,but Consultant may retain copies of such documents as records
of the services provided.
9. Term. The term of the Agreement shall be from the signed date of this Agreement
through December 31, 2015, the date of signature by the parties notwithstanding.
This Agreement may be extended upon the written mutual consent of the parties for
such additional period as they deem appropriate, and upon the terms and conditions
as herein stated.
10. Termination. This Agreement may be terminated by the Consultant effective upon
sixty (60) days'written notice delivered to the City at the address written above. The
City may terminate this Agreement effective immediately, upon with notice to the
consultant. Upon termination under this provision, the Consultant shall be paid for
services rendered and reimbursable expenses until the effective date of termination.
If,however the City terminates this Agreement because the Consultant has failed to
perform in accordance with this Agreement,no further payment shall be made to the
Consultant, and the City may retain another consultant to undertake or complete the
Work.
Page 2 of 9 Standard Agreement For Professional Services
11. Independent Consultant. At all times and for all purposes herein, the Consultant
is an independent contractor and not an employee of the City. No statement herein
shall be construed so as to find the Consultant an employee of the City.
12. Non-Discrimination. During the performance of this Agreement, the Consultant
shall not discriminate against any employee or applicant for employment because of
race, color, creed,religion,national origin, sex,marital status, status with regard to
public assistance, disability, or age. The Consultant shall post in places available to
employees and applicants for employment,notices setting forth the provision of this
non-discrimination clause and stating that all qualified applicants will receive
consideration for employment. The Consultant shall incorporate the foregoing
requirements of this paragraph in all of its subcontracts for program work, and will
require all of its subcontractors for such work to incorporate such requirements in all
subcontracts for program work.
13. Assignment. Neither party shall assign this Agreement,nor any interest arising
herein,without the prior written consent of the other party.
14. Services Not Provided For. No claim for services furnished by the Consultant not
specifically provided for in Exhibit A shall be honored by the City.
15. Severability. The provisions of this Agreement are severable. If any portion hereof
is, for any reason,held by a court of competent jurisdiction to be contrary to law,
such decision shall not affect the remaining provisions of this Agreement.
16. Entire Agreement. The entire agreement of the parties is contained herein. This
Agreement supersedes all oral agreements and negotiations between the parties
relating to the subject matter hereof as well as any previous agreements presently in
effect between the parties relating to the subject matter hereof. Any alterations,
amendments, deletions, or waivers of the provisions of this Agreement shall be valid
only when expressed in writing and duly signed by the parties, unless otherwise
provided herein.
17. Compliance with Laws and Regulations. In providing services hereunder, the
Consultant shall abide by all statutes, ordinances,rules and regulations pertaining to
the provisions of services to be provided. The Consultant and City, together with
their respective agents and employees, agree to abide by the provisions of the
Minnesota Data Practices Act,Minnesota Statutes Section 13, as amended, and
Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes,
ordinances,rules and regulations pertaining to the services to be provided shall
constitute a material breach of this Agreement and entitle the City to immediately
terminate this Agreement.
18. Waiver. Any waiver by either party of a breach of any provision of this Agreement
shall not affect,in any respect, the validity of the remainder of this Agreement.
Page 3 of 9 Standard Agreement For Professional Services
19. Indemnification. Consultant agrees to defend,indemnify and hold harmless the
City and its officials, employees and agents from any liability, claims, damages, costs,
losses judgments, or expenses,including reasonable attorney's fees,resulting directly
or indirectly from a negligent act or omission (including without limitation
professional errors or omissions) of the Consultant,its agents, employees, or
subcontractors in the performance of the services provided by this Agreement and
against all losses by reason of the failure of said Consultant fully to perform,in any
respect, all obligations under this Agreement.
20. Insurance.
A. General Liability. Prior to starting the Work, Consultant shall procure,
maintain and pay for such insurance as will protect against claims for bodily
injury or death, or for damage to property,including loss of use,which may
arise out of operations by Consultant or by any subcontractor or by anyone
employed by any of them or by anyone for whose acts any of them may be
liable. Such insurance shall include,but not be limited to, minimum
coverages and limits of liability specified in this Paragraph, or required by
law. The policy(ies) shall name the City as an additional insured for the
services provided under this Agreement and shall provide that the
Consultant's coverage shall be primary and noncontributory in the event of a
loss.
B. Consultant shall procure and maintain the following minimum insurance
coverages and limits of liability on this Project:
Workers Compensation Statutory Limits
Employer's Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Comprehensive General
Liability $1,500,000 property damage and
bodily injury per occurrence
$2,000,000 general aggregate
$2,000,000 Products — Complete
Operations Aggregate
$100,000 fire legal liability each
occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit each
Page 4 of 9 Standard Agreement For Professional Services
accident (shall include coverage for all
owned,hired and non-owned vehicles.
Umbrella or Excess Liability $1,000,000
C. The Comprehensive General/Commercial General Liability pohcy(ies) shall
be equivalent in coverage to ISO form CG 0001, and shall include the
following:
a. Premises and Operations coverage with no explosions, collapse, or
underground damage exclusion (XCU).
b. Products and Completed Operations coverage. Consultant agrees to
maintain this coverage for a minimum of two (2) years following
completion of its work. Said coverage shall apply to bodily injury and
property damage arising out of the products-completed operations
hazard.
c. Personal injury with Employment Exclusion (if any) deleted.
d. Broad Form CG 0001 0196 Contractual Liability coverage, or its
equivalent.
e. Broad Form Property Damage coverage,including completed
operations, or its equivalent.
f. Additional Insured Endorsement(s),naming the "City of Elk River"
as an Additional Insured, on ISO form CG 20 10 07 04 or such other
endorsement form as is approved by the City.
g. If the Work to be performed is on an attached community, there
shall be no exclusion for attached or condominium projects.
h. "Stop gap" coverage for work in those states where Workers'
Compensation Insurance is provided through a state fund if
Employer's liability coverage is not available.
i. Severability of Insureds provision.
D. Professional Liability Insurance. The Consultant agrees to provide to the
City a certificate evidencing that they have in effect,with an insurance
company in good standing and authorized to do business in Minnesota, a
professional liability insurance policy. Said policy shall insure payment of
damage for legal liability arising out of the performance of professional
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services for the City. Said policy shall provide an aggregate limit of
$2,000,000. Said policy shall not name the City as an insured.
E. Consultant shall maintain in effect all insurance coverages required under this
Agreement at Consultant's sole expense and with insurance companies
licensed to do business in the state in Minnesota and having a current A.M.
Best rating of no less than A-,unless specifically accepted by City in writing.
In addition to the requirements stated above, the following applies to the
insurance policies required under this Paragraph:
a. All policies, except the Professional Liability Insurance policy, shall
be written on an "occurrence" form ("claims made" and "modified
occurrence" forms are not acceptable);
b. All policies, except the Professional Liability Insurance policy, shall
be applied on a"per project"basis;
c. All policies, except the Professional Liability Insurance and Worker's
Compensation Policies, shall contain a waiver of subrogation naming
"the City of Elk River";
d. All policies, except the Professional Liability Insurance and Worker's
Compensation Policies, shall name "the City of Elk River" as an
additional insured;
e. All policies, except the Professional Liability Insurance and Worker's
Compensation Policies, shall insure the defense and indemnity
obligations assumed by Consultant under this Agreement; and
f. All policies shall contain a provision that coverages afforded
thereunder shall not be canceled or non-renewed, nor shall coverage
Emits be reduced by endorsement,without thirty (30) days prior
written notice to the City.
A copy of the Consultant's Certificate of Insurance which evidences
the compliance with this Paragraph 20, must be filed with City prior to
the start of Consultant's Work. Upon request, a copy of the Consultant's
insurance declaration page, Rider and/or Endorsement, as applicable shall be
provided. Such documents evidencing Insurance shall be in a form
acceptable to City and shall provide satisfactory evidence that Consultant has
complied with all insurance requirements. Renewal certificates shall be
provided to City prior to the expiration date of any of the required policies.
City will not be obligated, however, to review such Certificate of Insurance,
declaration page, Rider, Endorsement or certificates or other evidence of
insurance, or to advise Consultant of any deficiencies in such documents and
receipt thereof shall not relieve Consultant from,nor be deemed a waiver of,
Page 6 of 9 Standard Agreement For Professional Services
City's right to enforce the terms of Consultant's obligations hereunder. City
reserves the right to examine any policy provided for under this paragraph.
F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to
provide the specified insurance, then Consultant will defend,indemnify and
hold harmless the City, the City's officials, agents and employees from any
loss, claim, liability and expense (including reasonable attorney's fees and
expenses of litigation) to the extent necessary to afford the same protection
as would have been provided by the specified insurance. Except to the
extent prohibited by law, this indemnity applies regardless of any strict
liability or negligence attributable to the City (including sole negligence) and
regardless of the extent to which the underlying occurrence (i.e., the event
giving rise to a claim which would have been covered by the specified
insurance) is attributable to the negligent or otherwise wrongful act or
omission (including breach of contract) of Consultant,its subcontractors,
agents, employees, or delegates. Consultant agrees that this indemnity shall
be construed and applied in favor of indemnification. Consultant also agrees
that if applicable law limits or precludes any aspect of this indemnity, then
the indemnity will be considered limited only to the extent necessary to
comply with that applicable law. The stated indemnity continues until all
applicable statutes of limitation have run.
If a claim arises within the scope of the stated indemnity, the City may
require Consultant to:
a. Furnish and pay for a surety bond, satisfactory to the City,
guaranteeing performance of the indemnity obligation; or
b. Furnish a written acceptance of tender of defense and indemnity
from Consultant's insurance company.
Consultant will take the action required by the City within fifteen (15) days of
receiving notice from the City.
21. Records Access. The Consultant shall provide the City access to any books,
documents,papers, and records which are directly pertinent to the specific contract,
for the purpose of making audit, examination, excerpts, and transcriptions, for three
years after final payments and all other pending matters related to this contract are
closed.
22. Ownership of Documents. All plans, diagrams, analyses, reports and information
generated in connection with the performance of the Agreement ("Information")
shall become the property of the City. The City may use the Information for its
purposes and the Contractor also may use the Information for its purposes. Reuse
of the Information for the purposes of the project contemplated by this Agreement
("Pro)ect") does not relieve any liability on the part of the Contractor,but any reuse
Page 7 of 9 Standard Agreement For Professional Services
of the Information by the City or the Contractor beyond the scope of the Project is
without liability to the other, and the party reusing the Information agrees to defend
and indemnify the other from any claims or liability resulting therefrom.
23. Subcontractor. The Consultant shall not enter into subcontracts for services
provided under this Agreement except as noted in Exhibit A,without the express
written consent of the City. The Consultant shall pay any subcontractor involved in
the performance of this Agreement within the ten (10) days of the Consultant's
receipt of payment by the City for undisputed services provided by the
subcontractor. If the Consultant fails within that time to pay the subcontractor any
undisputed amount for which the Consultant has received payment by the City, the
Consultant shall pay interest to the subcontractor on the unpaid amount at the rate
of 1.5 percent per month or any part of a month. The minimum monthly interest
penalty payment for an unpaid balance of$100 or more is $10. For an unpaid
balance of less than $100, the Consultant shall pay the actual interest penalty due to
the subcontractor. A subcontractor who prevails in a civil action to collect interest
penalties from the Consultant shall be awarded its costs and disbursements,
including attorney's fees,incurred in bringing the action. In addition,no
subcontractor can file alien against the City.
24. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from
or related to this Agreement or the relationships which result from this Agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal
or equitable actions by either party. Unless the parties agree otherwise, the
mediation shall be in accordance with the Commercial Mediation Procedures of the
American Arbitration Association then currently in effect. A request for mediation
shall be filed in writing with the American Arbitration Association and the other
party. No arbitration or legal or equitable action may be instituted for a period of
ninety (90) days from the filing of the request for mediation unless a longer period of
time is provided by agreement of the parties. Cost of mediation shall be shared
equally between the parties. Mediation shall be held in the City of Elk River unless
another location is mutually agreed upon by the parties. The parties shall
memorialize any agreement resulting from the mediation in a Mediated Settlement
Agreement,which Agreement shall be enforceable as a settlement in any court
having jurisdiction thereof.
25. Conflicts. No salaried officer or employee of the City and no member of the City
Council of the City shall have a financial interest, direct or indirect,in this
Agreement. The violation of this provision renders the Agreement void. Any
federal regulations and applicable state statutes shall not be violated.
26. Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be considered an original.
Page 8 of 9 Standard Agreement For Professional Services
27. Entire Agreement. This Agreement constitutes the entire agreement of the parties
and supersedes all prior communications,understandings and agreements relating to
the subject matter hereof,whether oral or written.
28. Governing Law. This Agreement shall be controlled by laws of the State of
Minnesota. Executed as of the day and year first written above.
City of Elk River
Mayor
City Clerk
Firm Name
By:
Its:
Page 9 of 9 Standard Agreement For Professional Services
Id
CQ �
Premier Safety Training
and Consulting
PROPOSAL FOR
City of Elk River Safety Program
Prepared By: Diane Rollins
IntroductionTable of Contents
1.
Goals11. Needs
TableIV. Time V. .--
Premier Safety Training and Consulting was founded to provide safety
training and consulting for general industry in order to develop a culture
of safety in the work place. Our services include consulting for safety
programs, safety inspections, job hazard analysis, safety program policy
and procedure review, CPR classes, basic first aid, OSHA compliance and
OSHA required courses. Courses are conducted by trained and qualified
instructors based on your business' needs and can be structured and
scheduled around your time constraints.
As discussed in our initial meeting the City of Elk River has a need for:
➢ Job Hazard Analysis for all departments
➢ Required training matrix
➢ Training tracking system
➢ Department specific safety training
➢ Review of safety policies and procedures (updated as necessary)
Goal 1 Perform a complete Job Hazard Analysis for all departments
Goal 2 Create a department specific training matrix and tracking system
Goal 3 Review and update safety policies
•
Estimated timetable for the project is based on approximated hours. Hours are
subject to change based on information provided by City of Elk River.
' - • - Job Hazard Analysis Approximately 5 hours
per analysis
• u Review safety policies Approximately 30 hours
-- I Develop training matrix and Approximately 40 hours
tracking system
• -
Premier Safety Training and Consulting will provide anticipated costs at $75 per
hour rather than current industry standard cost of$85 —$125 per hour. All
anticipated cost are subject to change based upon current known facts, any added
hours will be communicated prior to completion.
• Based on 22 job
descriptions currently
known; 110 hours/$7700
•. Review safety policies Based on 11 safety
policies currently known;
30 hours/$2250
Develop training matrix and Based on job
tracking system descriptions, safety
policies, and OSHA
regulations; 40
hours/$3000
Total $ 12950.00