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Service Agreement - TRICOR Safety ConsultingTHE CITY OF SSISS TO: Michael C. Van Milligen, City Manager FROM: Randy Peck, Personnel Manager SUBJECT: Safety Consulting Services DATE: November 5, 2014 D u buque ***** n9:1 • WIZ• *13 TRICOR Safety Consulting has prepared a proposal to review our safety/loss control policies and prepare policy manuals for departments (15 manuals). The cost for this service is $1,500. In addition, they provided a quote to conduct an assessment of the Library and Airport Departments to determine their compliance with a number of OSHA regulations. The cost for this service is $500. $6,000 has been budgeted for safety consulting services. I recommend that TRICOR Safety Consulting be selected to prepare safety/loss control policy manuals for city departments and to conduct an assessment of the Library and Airport Departments to determine their compliance with a number of OSHA regulations. The requested action is for the City Council to approve a motion authorizing you to sign the attached Service Agreement, City Attorney Barry Lindahl has reviewed the agreement and finds the terms acceptable. RP:Imh THE CITY OF Dut Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Safety Consulting Services DATE: November 20, 2014 TRICOR Safety Consulting has prepared a proposal to review the City's safety/loss control policies and prepare policy manuals for departments (15 manuals) for a cost of $1,500. In addition, TRICOR provided a quote to conduct an assessment of the Library and Airport Departments to determine their compliance with a number of OSHA regulations for a cost of $500. Personnel Manager Randy Peck recommends City Council approval for the City Manager to sign the Service Agreement with TRICOR Safety Consulting to provide these services. I concur with the recommendation and respectfully request Mayor and City Council approval. ,�1 J try Mic ael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Randy Peck, Personnel Manager Copyright 2014 City of Dubuque Consent Items # 10. ITEM TITLE: Service Agreement - TRICOR Safety Consulting SUMMARY: City Manager recommending approval of an agreement with TRICOR Safety Consulting to review policies, prepare manuals, conduct assessments and authorization for the City Manager to execute the Service Agreement. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type ❑ Safety Consulting Services-MVM Memo City Manager Memo ❑ TRICOR Safety Consulting Services Staff Memo ❑ TRICOR Proposal for Safety Services Supporting Documentation THE CITY OF Dubuque UBE I erica .i Masterpiece on the Mississippi 2007-2012-2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Safety Consulting Services DATE: November 20, 2014 TRICOR Safety Consulting has prepared a proposal to review the City's safety/loss control policies and prepare policy manuals for departments (15 manuals) for a cost of $1,500. In addition, TRICOR provided a quote to conduct an assessment of the Library and Airport Departments to determine their compliance with a number of OSHA regulations for a cost of $500. Personnel Manager Randy Peck recommends City Council approval for the City Manager to sign the Service Agreement with TRICOR Safety Consulting to provide these services. I concur with the recommendation and respectfully request Mayor and City Council approval. Micliael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Randy Peck, Personnel Manager ,r1-1E CI'T'Y OF Dllhttque UB E An-AmeftaVtj Masterpiece on the Mississippi '01?-261:0 TO: Michael C. Van Milligen, City Manager FROM: Randy Peck, Personnel Manager �--� SUBJECT: Safety Consulting Services DATE: November 5, 2014 TRICOR Safety Consulting has prepared a proposal to review our safety/loss control policies and prepare policy manuals for departments (15 manuals). The cost for this service is $1,500. In addition, they provided a quote to conduct an assessment of the Library and Airport Departments to determine their compliance with a number of OSHA regulations. The cost for this service is $500. $6,000 has been budgeted for safety consulting services. I recommend that TRICOR Safety Consulting be selected to prepare safety/loss control policy manuals for city departments and to conduct an assessment of the Library and Airport Departments to determine their compliance with a number of OSHA regulations. The requested action is for the City Council to approve a motion authorizing you to sign the attached Service Agreement. City Attorney Barry Lindahl has reviewed the agreement and finds the terms acceptable. RP:Imh City of Dubuque 50 West 13th Street Dubuque, Iowa 52001-4805 Dubuque - ` �►;: T All-Amedca Cilli 2007 . 2022 • 2013 Proposal for Safety Services (Department Manuals and Training) TWOR Safety Consulting 500 Iowa Street Dubuque, Iowa 52001 Tom Osterholz, Manager (608) 348-2421 ext. 1332 SAFETY CONSULTING October 20, 2014 _ Tom Osterholz TRICOR Safety Consulting SAFETY CONSULTING 500 Iowa Street Dubuque, Iowa 52004 Toll Free: 800-491-8856 x 1332 Fax: 888-229-6161 Email: tosterholz dtricorinsurance,coin www.tricorinsurance.com October 20, 2014 Mr. Randy Peck Personnel Manager City Of Dubuque City Hall 50 West 13th Street Dubuque, Iowa 52001-4864 Dear Mr. Peck: Thank you for giving TRICOR Safety Consulting the opportunity to submit a proposal to conduct an assessment of the City's compliance with a number of the OSHA regulations at the Library and Airport. Additionally, create fifteen(15) safety manuals for the various departments in the City of Dubuque and facilitate a meeting with all Department Managers to discuss the assessments with the respective departments We look forward to working with the City of Dubuque on this project. Please fmd enclosed the following information: ➢ An Equal Employment Opportunity Statement (Tab 1.) ➢ A resume of all employees who may work on the project (Tab 2) ➢ Corporate experience statement &Reference List (Tab 3) ➢ Service Agreement document (Tab 4) ➢ Confirmation of Insurance requirements (Tab 5) ➢ A budget to perform the services (Tab 6) Again, thank you for giving TRICOR Safety Consulting the opportunity to submit this proposal and should you have any questions please contact me. Sincerely, TRICOR Safety Consulting Tom Osterholz Manager Tom Osterholz ML TRICOR Safety Consulting SAFETY CONSULTING 500 Iowa StreetDubuque, Iowa 52001 Toll Free: 800-491-8856 x 1332 Email: tsterholz a)tricyrinsurance.com www.tricorinsurance.com City of Dubuque 50 West 13th Street Dubuque,Iowa 52001-4805 TRICOR Safety Consulting will compliment the City of Dubuque's on-going safety program by providing safety services that will assist in managing compliance with Federal and State regulations. These services include creating fifteen (15) safety manuals for the various departments in the City of Dubuque, facilitate a meeting with all Department Managers and conduct mock OSHA audits at the Library and Airport, with detailed reports to follow. SERVICE: Safety/Loss Control Manual Review TRICOR Safety Consulting will review the current Safety/Loss Control manual and provide manuals for each department (15 manuals). A written program which is revised regularly can clarify policy, create consistency and continuity in its interpretation, serve as a checkpoint whenever there is a question of priority between safety and production, and support fair and equitable enforcement of safe work rules and practices. An effective safety & health program includes the following four (4) elements: 1) management commitment & employee involvement, 2) worksite analysis, 3) hazard prevention & control and 4) safety & health training and program development. TRICOR Safety Consulting will provide this safety service for a fee of$1,500.00 SERVICE: Safety Compliance Assessments TRICOR Safety Consulting will conduct an assessment at the Library and Airport to assist in determining the City's compliance with a number of the OSHA regulations. These assessments will include a review of the safety & health program and a physical inspection of the operations. Upon completion of the each assessment a conference will be held with the location Manager to discuss the preliminary fmdings and recommended corrective action. Additionally each location will receive a detailed report. COST: TRICOR Safety Consulting will provide this safety service for a fee of$500.00. SERVICE: Meeting with Department Managers TRICOR Safety Consulting will facilitate a meeting with all Department Manager's to review the previous submitted department reports (assessments). Additionally there will be a discussion of the "next step" to "raise the bar" for Safety. The City of Dubuque's Personnel Manager will schedule said meeting. COST: TRICOR Safety Consulting will not invoice/charge a fee for this meeting. Summary TRICOR Safety Consulting will provide all of the above described services for a fee of$2,000.00 unless the City of Dubuque and TRICOR Safety Consulting agree in writing to additional cost and/or services. Any additional services will be billed at the following rate: On-site activity(facility inspection, audits, training) $ 125.00/hr Report writing and policy development $ 125.00/hr Travel time $ 75.00/hr I value the confidence you have placed in TRICOR Safety Consulting and want you to know I appreciate the opportunity to present this proposal to do business with the City of Dubuque. Sincerely, TRICOR Safety Consulting Tom Osterholz Manager r - SAFETY CONSULTING Service Agreement I TRICOR Safety Consulting City of Dubuque Division of TRICOR, Inc. Personnel Office 500 Iowa Street 50 West 13`" Street Dubuque, Iowa 52004-1810 Dubuque, Iowa 52001- 4805 TRICOR Safety Consulting, a Division of TRICOR Inc., (herein, TRICOR) and Client agree that all services specified below will be provided by TRICOR pursant to the terms and conditions of this Agreement. Services by TRICOR may improve safety practices and reduce claims and loss activity of the 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 from 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. G, IND MNITY,AGR :EAH NT Each party hereto rrgiees to defend, indemnify, save and hold harmless the tither party from and whit any and all loss, damages, liability, expenses, judgments and claims which arise from the negligent acts or omissions of the said party in the perlbrmance 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 dircety or indirectly ernployed by or retained by such named parties fist purposes of carrying out the provisions of this Agreement. In the evtnit any claim or incidence gives rise to a elairn to of indemnification hereunder, the party seeking such indetnnilieaiton shall iminedia.tety notify the other in writing of' the circumstances surrounding such Inas or claim. The obligations of each party hereunder shall survive the termination of this Agreement. 7. ANTE GRATION. This Agreement sets forth all of the terms, conditions, and agreements oflhc parties, and supersedes farmer Agreements. There are no terms, conditions or agreements except as herein provided, Representations or statements by any representative ofa pary not staled herein are not binding on the ether party, No amendment or modification of this Agreement Shall be effective unless reduced to writing and executed by the parties. . ,QUVERNING LAV. The law of Iowa shall he 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 � , 2014. CITY OF DUI QUE 13Y: Michael C. Van Milligan TITLE: City Manager DATE: TRJCOR SAFETY BY: T'I'LE: DA'I•li: TING Compliance of the Insurance Requirements — Insurance Schedule C Upon being selected to conduct an assessment of the City of Dubuque's compliance with a number of OSHA regulations TRICOR Safety Consulting will comply with the Insurance requirements as set forth in the Insurance Schedule C schedule. I 4� I City of Dtliauque Insurance Requirements for Professional Services I Insurance Schedule G 1 •rfucoit 1, S,rely Consulting shall furnish a signed Certificate of Insurance to the City of Dubuque,Iowa for the coverage required in Exhlblt I prior to commencing work and at the end of the project if the term of work Is longer than 60 days. Providers presenting annual certificates shall present a Certificate at the end of each project with the finial billing, Each Certificate shall be prepared on the most current ACORD form approved by the Iowa Department of Insurance or an equivalent. Each certificate shall include a statement under Description of Operations as to why Issued.Eg: Project Ii or i_ease of premises at - or construction of 2. All pollctes of Insurance required hereunder shall be wlth a carder authoilzed to do business in Iowa an(] all carriers shall have.a rating of A or better In the current A.M.best's Rating Guide. 3, Each Certificate shall be furnished to the contracting department of the City of Dubuque. j 4. Failure to provide minimum coverage shaft not be deemed a waiver of these requirements by the City of I Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 5. Subcontractors and sub subcontractor performing work or service shall provide o Certificate of Insurance to accord with Exhibit I. 6. All required endorsements to various policies shall be attached to Certificate of insurance. F 7. Whenever a specific 150 form Is listed,an equivalent form may be substituted subject to the provider Identifying and listing in writing all devlatlons and exclusions that differ from the ISO form. 8, Provider shall be required to carry the minimum coverage/Iimits,,or greater If required by law or other legal agreement,in Exhibit I. 9. Whenever an ISO form is referenced the current edition of the form must be used. Pagel of 3 Schedule C,Professional Services October 2013.Doc I MY 0f Dill LJgUe 111SUMCt', RegUirements fiat' Professional Services i i I Insurance SChed€le C Lcontinuedl Exhibit I A) COMMERCiAL GENERAL.LIABILITY General Aggregate Limit $2,000,000 Products-Completed 0perationsAggregate Umit $1,000,000 Personal a'nd Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit(anyone occurrence) $ 50,000 Medical Payments $ 5,000 a) Coverage shall be written on an occurrence,not claims made,form. All deviations from the. standard ISO commercial general liability farm CG 0001,or Business owners form SP 0002, shall be clearly Identified. b) Include ISO endorsement form C6 25 04"Designated Location(s)General Aggregate Limit" or CG 25 03'Vesignated Construction Project(s)General Aggregate Limit"as appropriate. c) Include endorsement Indicating that coverage is primary and non-contributory. d) Include endorsement to preserve Governmental Immunity.(Sample attaciled), P) Include an endorsement that deletes any fellow employee exclusion. 1) Include additional Insured endorsement for: 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.Use ISO form CG 2026. B) AUTOMOBILE LIABILITY $1,000,000(Combined Single Limit) C) WORKERS'COMPENSATION&EMPIOYERSLtADILITY Statutory benefits covering all employees InJured on the Job by accident or disease as prescribed by Iowa Code Chapter 85 as amended. Coverage A Statutory—State of Iowa Coverage 6 Employers Liability Each Accident $100,000 Each Entployee-Disease $100,000 Policy Umit-Disease $500,000 Policy shall Include an endorsement providing a waiver of subrogation to the City of Dubuque. Coverage B limits shall be greater If required by Umbrella Carrier. D) UMBRELLA LIABILITY $1,000,000 Umbrella liability coverage must be at least following form with the underlying policies Included hereln. E) PROFESSIONAL LIABILITY $ 1,000,000 Page 2 of 3 SchQdule C,Professional Services October 2013.Dac City of I)1.1131.1clue InAirmme Requirements for Professional Services i 1 Preserwition of Governinenttll Immunities Endorsement 1. Nonwalver of Governmental lmmunlly,,Ilie Insurance carrier expressly agrees and states that the i 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 annended from time to time. 2. Claims Cover ape,The insurance carrier further agrees that this Polley of Insurance shall cover only those Clahns 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 lowa 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 defeme of governmental Immunity,anti may do so at any time anti shall do so upon the timely written request of the insurance carrier, 4. Non-Denial of Coverage.The Insurance carrier shall not deny coverage trader this policy and the Insurance carrier shall not deny any of the rights and benefits accruing to the City of Dubugae,Iowa tinder 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 0t,}igrStnange in Policy.The above preservation of governmental Immunities shall not otherwise change or alter the coverage available under the.policy. SPElk-111 { i i Page 3 of 3 Schedule C,Professtonal Services October 2013.Doc I