HomeMy WebLinkAbout5.E.1. MMUA Contract for Safety Program Assistance
City of Shako pee s: E. J.
MEMORANDUM
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TO: Mayor and City Council U a"~ ~~: ~ q~ ...
Mark McNeill, City Administrator
FROM: Kris Wilson, Assistant City Administrator. t \ W
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SUBJECT: MMUA Contract for Safety Program Assistance
DATE: January 14,2009
Introduction
The Council is asked to authorize the appropriate officials to enter into the attached contract with
the Minnesota Municipal Utilities Association (MMUA) for the provision of services related to
OSHA-mandated safety compliance and training.
Background
The City has a need for some specialized assistance in regards to compliance with OSHA-
mandated safety regulations. This includes the development of policies and procedures to ensure
the safety of our workplaces and both general and specialized safety training for employees.
Under the proposed contract, a designated Regional Safety Coordinator from MMUA would
spend two days per month in the City working to establish and operate a comprehensive, City-
wide safety program that meets both state and federal requirements. The Safety Coordinator
would also be available to us in the case of a serious workplace accident or a visit by OSHA.
inspectors. This is a well established safety program utilized by Shakopee Public Utilities and
numerous other cities in the metro-area. Additionally, MMUA works closely with the League of
Minnesota Cities to structure their training and services for cities.
MMUA operates on an October 1 - September 30 fiscal year, therefore the proposed contract is
for the remaining nine months of their fiscal year (January 1 - September 30,2009).
Budget Impact
The cost of the service provided by MMUA is $16,672.50 for the duration ofthe nine-month
contract. Funding for this item was included in the 2009 operating budget for the personnel
division.
Relationship to Vision
This item is necessary in order to ensure the City's compliance with state and federal regulations,
therefore it is a housekeeping item (F).
Requested Action
If the Council concurs, it is asked offer a motion authorizing the appropriate individuals to enter
into a contract with the Minnesota Municipal Utilities Association for the provision of a Safety
Management Program, at a cost not to exceed $16,700.
SERVICES AGREEMENT
Date: December 18, 2008 Contract No, 191-2009
Safety Management Services
For purposes of this Agreement, the Minnesota Municipal Utilities Association shall hereinafter be referred to as
MMUA and City of Shako pee shall herein after be referred to as Shakopee,
PART I - Scope of Services
P ART II - Duration / Amendment / Renewal
PART III - Obligations
PART IV - Standard Terms and Conditions
The terms of this Agreement are hereby accepted by the parties.
City of Shakopee Minnesota Municipal Utilities Association
By By rJ~/~
Title
Title Executive Director
Date Date December 18, 2008
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Minnesota Municipal Utilities Association
PART I - SCOPE OF SERVICES
MMUA will provide/deliver for the duration ofthis Agreement:
1. The services of a person engaged by MMUA, in the capacity of Regional Safety Coordinator.
2. The assigned Regional Safety Coordinator will:
a, Plan, organize and/or conduct regular monthly safety meetings at Shakopee.
b, Develop and maintain a standard safety management record keeping and reporting system at
Shakopee.
c, The record system will include (check those covered by this Agreement):
~ Required OSHA records
~ Required DOT records
~ Required ADA records
~ Provide written program
~Provide annual site inspection
~Provide interpretation and clarification of OSHA rules,
3. The services described above will be provided in the following utility/municipal departments:
a. # of employees
b. # of employees
c, # of employees
d. # of employees
e, # of employees
PART II - DURATION / AMENDMENT / RENEWAL
1. DURATION: This Agreement shall remain in force from January 1, 2009 until September 30, 2009 (the
"expiration date").
2, AMENDMENT: This Agreement may be amended or modified upon the mutual agreement of both
parties but only if in writing, Such amendment or addendum shall be signed, dated and appended to this
Agreement.
3, RENEWAL: This Agreement shall renew automatically for the next twelve-month calendar year period
following the expiration date unless terminated by written notice given by either MMUA or Shakopee
prior to the sixty (60) day period immediately prior to the expiration date.
4, CONDITION PRECEDENT: This Agreement shall not become effective until a number of cities
sufficient to support the establishment of a Safety Management Group has agreed to participate, If this
condition has not been met within sixty (60) days of the effective date of this Agreement, this Agreement
will expire and the parties will make a good faith attempt to renegotiate the Agreement.
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Minnesota Municipal Utilities Association
PART III - OBLIGATIONS
1. COMPENSA TION: For the servtces covered by this Agreement, Shakopee shall pay MMUA an annual
fee of twenty-two thousand two hundred thirty dollars and 00 cents ($22,230.00), Such compensation
shall be due and payable according to the selected payment terms below,
Payment terms for the fee agreed to above shall be based on one of the following options (select one):
o Annual payment ($22,230,00)
)ii Quarterly payments ($5,557.50 each)
For any term less than twelve (12) full calendar months, the fee shall be a portion of the annual fee, pro-
rated based on the number of calendar months or partial calendar months in which the services are
provided as a percentage of twelve (12).
2. OTHER CITY OBLlGA TIONS:
~ Provide work space for Regional Safety Coordinator when on-site,
~ Provide clerical support for Regional Safety Coordinator.
~ Schedule participation of employees in regular safety meetings.
~ Provide required training for employees as recommended by Regional Safety Coordinator.
~ Provide to MMUA in a timely manner any information MMUA indicates is needed to perform the
services hereunder. MMUA may rely on the accuracy of information provided by Shakopee and its
representatives.
~ Provide annual written evaluation of services of MMUA and its Regional Safety Coordinator.
3, MMUA OBLIGATIONS:
~ Employ, assign and supervise Regional Safety Coordinator.
~ Plan, organize and/or conduct regular monthly safety meetings on-site,
~ Develop and maintain a standard safety management record keeping and reporting system on-site,
including required OSHA records, required DOT records, required ADA records, and maintenance of
safety manuals.
~ Monitor safety training/certificate/licensure requirements, and recommend needed training.
~ Prepare or oversee the preparation of required state and federal reports related to OSHA, DOT, and
ADA compliance.
~ Document safety meetings and training provided.
~ Provide a standard interpretation of laws, rules and regulations pertaining to safety management.
PART IV - STANDARD TERMS AND CONDITIONS
1. INDEPENDENT CONTRACTOR: In the performance of services hereunder, MMUA is an independent
contractor and shall not be considered an employee, agent or representative of Shakopee for any purpose.
The services performed by MMUA under this Agreement are solely for the benefit of Shakopee. Nothing
contained in this Agreement shall create any duties, liabilities, or obligations on the part of MMUA
toward any person other than Shakopee.
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Minnesota Municipal Utilities Association
2. STANDARD OF CARE: Shakopee acknowledges that MMUA undertakes to provide the services
described herein to Shakopee as a member of MMUA and, similarly to other members of MMUA,
consistent with its nonprofit purpose and that in so doing, MMUA affords to Shakopee a convenience,
cost savings and efficiency otherwise not available to Shakopee from other service providers. Shakopee
acknowledges that MMUA will exercise its best efforts to perform the described services in accordance
with current rules and practices but acknowledges that the ultimate responsibility for an interpretation of
law lies with Shakopee and its City Attorney and the application of such law and of the appropriate
methods and practices also lies with Shakopee in the exercise of its best judgment with reasonable and
due regard for the safety of its employees and other third persons. MMUA assumes no responsibility
under this Agreement other than to render the services called for in good faith. It shall not be responsible
for any action of Shakopee, its agents, or employees.
3. SCOPE AND SCHEDULE CHANGES: The fees agreed to in Part III constitute MMUA's estimate of
the effort and charges required to perform the services described in Part I. Services not expressly set forth
in this Agreement are excluded from the obligations of MMUA. If MMUA is delayed in performing its
services hereunder by any act of war, force majeure or other circumstance beyond its control, then the
schedule of performance shall be extended for the number of days as the occurrence delays performance
and the compensation limits under the Agreement shall be equitably adjusted, if necessary, to compensate
MMUA for any additional costs due to the delay.
4. FINANCING CHARGES FOR LATE PAYMENTS: If Shakopee fails to pay undisputed invoiced
amounts within thirty (30) days after delivery of invoice, additional charges shall become due and payable
at a rate of I ~ percent per month (or the maximum percentage allowed by law, whichever is lower) on
the unpaid amounts. All payments shall first be credited against any accrued interest. If Shakopee fails to
pay invoiced amounts within sixty (60) days after delivery of invoice, MMUA at its sole discretion may
suspend work hereunder without incurring any liability or waiving any right established hereunder or by
law.
5. WORK PRODUCT: Shakopee shall preserve and protect MMUA's proprietary and copyright interests,
rights and privileges with respect to works of general application provided by MMUA to Shakopee.
Shakopee and MMUA may use and duplicate materials developed by MMUA specifically for Shakopee
pursuant to this Agreement without obligation of royalty or first seeking consent.
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