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HomeMy WebLinkAboutItem 06.s Date: December 18, 2017 Item No. APPROVAL OF A JOINT POWERS AGREEMENT WITH FARMINGTON AND ELKO NEW MARKET TO FORM A REGIONAL SAFETY GROUP Proposed Action Staff recommends adoption of the following motion: Move to approve Joint Powers Agreement with the cities of Farmington and Elko New Market to form a regional safety group. Overview The cities of Lakeville, Farmington, and Elko New Market propose the formation of a regional safety group to support and improve the safety programs in each City. The objective of the group is to develop and maintain safety programs oriented to municipal and employee needs through training and the development of safety manuals, processes, procedures, and programs. Using a model established by the League of Minnesota Cities, the regional safety group will engage a safety consultant to provide safety training and other services in support of the objectives of the group. Each of the cities will equally share the costs of safety training, safety program support, and record keeping. The formation of a regional safety group is expected to make the best use of available funds in each City to the improve safety programs, expand training opportunities, and provide mentorship of each City’s safety program. Primary Issues to Consider • How will the regional safety group be funded? Each City budgets some amount annually for safety programs that include training, management of technical publications, and safety items. Aggregating these funds should allow the cities to participate equally in the regional safety group. Supporting Information • A copy of the joint powers agreement and request for proposals are attached. Financial Impact: $0 Budgeted: Source: Related Documents (CIP, ERP, etc.): Envision Lakeville Community Values: Good Value for Public Services Report Completed by: Neil Normandin, Public Works and Facilities Coordinator JOINT POWER AGREEMENT REGIONAL SAFETY GROUP CITIES OF LAKEVILLE, FARMINGTON AND ELKO NEW MARKET AGREEMENT made this 18th day of December 2017, by, between and among the cities of Farmington, Lakeville and Elko New Market (“Individually referred to as “City” and collectively “Cities”). RECITALS A. Minn. Stat. § 471.59 authorizes two or more governmental units to enter into agreements to jointly or cooperatively exercise any power common to the contracting parties or any similar power. B. The purpose of this Agreement is to provide safety training and safety program support to each City to achieve the following objectives: 1. To develop and maintain safety programs oriented to municipal and employee needs through the development of safety manuals, processes, and procedures tailored to each City; 2. To provide a safe and healthy workplace for staff by improving safety knowledge and promoting safe work practices; 3. To provide training that meets the needs of employees and the requirements of OSHA and MN OSHA; 4. To increase awareness or safe practices and methods through training and discussion of best practices. 5. To increase safety awareness among employees through practical training and involvement of employees. 6. To develop a safety culture within each City that leads to engagement by all employees with proper care and concern for hazards shared across the workforce. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Lakeville shall prepare a request for proposal (“RFP”) substantially in the form attached as Exhibit A and contract documents for the safety training, safety program support and record keeping (hereinafter referred to as the “Services”). The Services are intended to include: • Safety training consisting of 12 monthly training sessions on OSHA and MN OSHA required training subjects; • Mentoring each city’s safety program; • Conducting walkthrough safety inspection with each City’s staff • Developing safety policies • Conducting safety audits; • Assisting in the correction of any safety deficiencies; • Record keeping requirements for time spent in each City. 2. Lakeville will advertise for proposals from qualified vendors for the Services in accordance with Minnesota Law and will provide Farmington and Elko New Market with an analysis of the proposals received. Lakeville must obtain the approval of Farmington and Elko New Market before awarding a contract. If approval is received, Lakeville may enter into a contract for the Services (“Contract”). The contractor shall be required to obtain commercial general liability insurance as provided in the RFP for the Services with all Cities listed as additional insured. 4. The selected contractor will submit an itemized invoice to each City separately for the work performed in each city pursuant to the contract. Upon approval of the invoice by the respective city, the City will remit the approved invoice amount directly to the contractor. 6. Any change orders or supplemental agreements that affect the Services cost payable by a party to this Agreement must be approved in writing by that party prior to execution of the work. 7. Pursuant to Minnesota Statutes § 16C.05, Subd. 5, any books, records, documents, and accounting procedures and practices of the parties to this Agreement relevant to the Agreement are subject to examination by the other parties to this Agreement and the Legislative Auditor or the State Auditor as appropriate. The parties agree to maintain these records for a period of six years from the date of performance of all services covered under this Agreement. 8. The entire and integrated agreement of the parties contained in this Agreement shall supersede all prior negotiations, representations, or agreements among the parties regarding the Services whether written or oral. 9. It is agreed that each City will indemnify, save, and hold harmless the other Cities and all of their agents and employees from any and all claims, demands, actions, or causes of action, for whatever nature, arising out of the contracting procedure by reason of the execution or performance of the work purchased for each respective city under this Agreement, and that each City further agrees to defend, at their sole cost and expense, any actions or proceedings commenced against their respective cities for the purposes of asserting any claim of whatsoever character arising hereunder. The participating cities agree that liability under this Agreement is controlled by Minnesota Statutes 471.59, subdivision 1a and that the total liability for the participating cities shall not exceed the limits on governmental liability for a single use of government as specified in 466.04, subdivision 1. 10. Term. This Agreement shall commence on the date provided above and shall terminate upon the termination of the Contract. Parties may terminate this Agreement by providing notice to the other cities within 60 days of the commencement of any renewal term of the Contract. Upon termination, each party will be obligated to pay the contractor for any Services required under the Contract. IN WITNESS THEREOF, the parties have caused this Agreement to be executed by their duly authorized officials. Dated: December 18, 2017. CITY OF LAKEVILLE BY: _______________________________ Douglas P. Anderson, Mayor AND ______________________________ Charlene Friedges, City Clerk Dated: ___________________, 20__. CITY OF FARMINGTON BY: _______________________________ Todd Larson, Mayor AND ______________________________ David McKnight, City Administrator Dated: ___________________, 20__. CITY OF ELKO NEW MARKET BY: _______________________________ Bob Crawford, Mayor AND ______________________________ Sandra Green, City Clerk EXHIBIT A CITY OF LAKEVILLE PUBLIC WORKS DEPARTMENT REQUEST FOR PROPOSALS SAFETY TRAINING AND PROGRAM SUPPORT PROPOSALS DUE: January 5, 2018 - 12:00 PM LAKEVILLE CITY HALL 20195 HOLYOKE AVENUE LAKEVILLE, MINNESOTA 55044 Request for Proposal The City of Lakeville is accepting proposals from qualified consultants to provide safety training and safety program support to a regional safety group composed of the cities of Lakeville, Farmington and Elko New Market. Respondents to this Request for Proposals (RFP) shall submit an original and four copies of their proposals which addresses the various components as set forth in this Request for Proposals. All proposals must be delivered by 12:00 p.m. on Friday, January 5, 2018 to the City of Lakeville, Attention: Neil Normandin, 20195 Holyoke Avenue, Lakeville MN 55044. Requests for extensions of time to submit will not be granted. Late proposals will be returned unopened. Requests to modify or withdraw a proposal after its submission will not be considered. Proposals sent via email or fax will not be accepted. 1. Background The City of Lakeville is accepting proposals from qualified consultants to provide safety training and safety program support to a regional safety group composed of the cities of Lakeville, Farmington and Elko New Market. • Safety training will consist of 12 monthly training sessions on OSHA and MN OSHA required training subjects. • Safety program support will consist of mentoring each City’s safety program, conducting walkthrough safety inspection with City staff, developing safety policies, conducting safety audits, and assisting in the correction of any safety deficiencies. • Record keeping requirements will vary by City and will be based on time spent in each City. 2. Scope A. Safety Training. Vendors will provide training sessions beginning in February 2018. Each session will be designed to increase the knowledge, skills, and understanding of employees at all levels. Sessions will be offered one day per month and may be presented two of more times on that day depending on topic and employee scheduling. Session should be approximately 60 minutes in length with specialized training, e.g. confined space entry and trenching and excavation, providing additional time for equipment familiarization. B. Safety Program Support. Vendors will provide mentoring and support for each City’s safety program in the development of safety policies, procedures, and manuals that meet the requirements of the Minnesota A Workplace Accident and Injury Reduction (AWAIR) program, as well as specific federal OSHA standards that apply to municipal activities. Vendors will also assist in managing each City’s Safety Data Sheet program, either electronically or manually, to ensure that the safety data sheets are up to date and pertinent to the hazardous materials in each City’s inventory. Additional support will include facility and job site audits, periodic safety walkthroughs and inspections, and assistance in correcting deficiencies. C. Record Keeping. Vendors will provide training documentation and training records support to each City based on that City’s needs. 3. Objectives A. To develop and maintain safety programs oriented to municipal and employee needs through the development of safety manuals, processes, and procedures tailored to each City. B. To provide a safe and healthy workplace for staff by improving safety knowledge and promoting safe work practices. C. To provide training that meets the needs of employees and the requirements of OSHA and MN OSHA. D. To increase awareness or safe work practices and methods through training and discussion of best practices. E. To increase safety awareness among employees through practical training and involvement of employees. F. To develop a safety culture within each City that leads to engagement by all employees with proper care and concern for hazards shared across the workforce 4. Training Requirements. Vendor proposals should meet the following requirements regarding training. A. Training will occur once per month at one of the cities based on an annual schedule established at least 30-days before the first training session. B. Training topics will meet, at a minimum, the training requirements established by OSHA and MN OSHA. Training should include areas highlighted by each City’s workers compensation trends. C. Training topics should emphasize personal safety, equipment safety, and chemical safety with a focus on realistic practices for handling hazards and transferring that information into each City’s safety culture. D. Training should include the support mechanisms or items that will enable employees to apply tenets of safety training when needed. E. Training sessions should be planned for approximately 60 minutes each and may be presented more than once during the training day based on each City’s scheduling needs. F. Training should include hands on use of safety equipment whenever possible to ensure employees are familiar with it use. G. Flexibility in accommodating each City’s scheduling requirements. 5. Program Support Requirements. Vendor proposals should meet the following requirements for program support: A. Spending one day per month, coincident with training, supporting a City’s safety program, approximately four days per year per city. B. Assisting in the creation and development of policies, procedures, manuals, and programs in each city necessary for the establishment of a comprehensive safety program. C. Assisting City staff in inventorying hazardous substances and developing and maintaining safety data sheet libraries in each facility designated by the City. Access to a web based safety data sheet management application is preferred. D. Providing facility and job-site safety audits, periodic facility safety walkthroughs, and recommendations for improvement. E. Providing the support mechanisms or items that will enable employees to apply tenets of safety training when needed. F. Monitoring safety training requirements and reporting needs to management. G. Assisting with MN OSHA fines and penalties. 6. Record Keeping Requirements. Vendor proposals should address the development and maintenance of safety record keeping systems based on each City’s need. 7. Contract Period: The initial contract period will be 24 months from date of award with the City’s option to renew up to two additional 12-month terms. Renewals will, in part, be based on employee surveys of training impact, measurable improvements in safety within each City, and other performance measures as determined by the Cities. 8. Contract Termination: The City reserves the right to terminate Consultant at will immediately without cause at any time within the term of this Contract. In the event of such termination, the City shall provide Consultant written notice of termination and upon receipt of same, Consultant shall immediately cease and desist Consultant’s provision of services under this Contract and City shall have no further obligation under this Contract to pay any further compensation to Consultant except for compensation due and owing for services prior to Consultant’s receipts of the written notice of termination. Any participating City may terminate their participation in the contract by providing notice to the other participating cities within 60 days of the commencement of any renewal term of the contract. If the regional safety group is dissolved, Lakeville will notify the consultant and the contract will not be renewed. Cities will be obligated to pay the consultant for any services provided under the contract for the remainder of the contract term. 9. Payment: A. Price shall remain firm for the initial contract period. B. Costs for safety training and safety program support will be shared equally by the cities in the regional safety group. The consultant will submit itemized invoices to each participating City for their portion of the cost. Upon approval of the invoice by the respective City, that City will remit the approved invoice amount directly to the consultant. All invoices will include a brief description of services rendered, staff assigned, hours charged, and cost. C. Costs for record keeping support will be billed only to those cities using that service. The consultant will submit itemized invoices for time and materials costs to each participating city based on their individual usage. Upon approval of the invoice by the respective City, that City will remit the approved invoice amount directly to the consultant. D. During the term of the contract, invoices for services should be received no later than the end of each month. 10. Submittals A. Vendors must provide in their proposals a total cost to meet the requirements for safety training and program support as outlined in this document. Costs for record keeping support should be listed as time and materials and billed separately based on individual City use of the service. Proposals should also include a commitment by the vendor to meet the City’s scheduling requirements. Proposals can include an option for alternative courses or program content that the vendor believes will enhance the City’s safety programs. B. An original and four copies of the proposal are requested. Vendors should detail the services they plan to deliver, including: 1) Description of firm and statement of qualifications - This statement must also include: a. Company profile to include specific experience (background, history, qualifications, etc.) b. Any associated firms that would be involved in providing services. c. Resumes of key personnel. d. Three to five references regarding public sector training. Include contact name, address, and phone number. 2) Course Outline or Syllabus – Provide either actual or example of a course outline or syllabus for a typical safety course offered by the vendor, to include, but not limited to, approach to training, delivery method, tools and methods the instructor will be using, etc. 3) Commitment/Flexibility – Include a commitment, demonstrate flexibility and willingness to accommodate the City’s scheduling requirements. 4) Additional Information – Additional information your company wishes to share. Can include an option for alternative courses or program content. 11. Evaluating Criteria. Proposals will be evaluated based on the following criteria listed in order of importance: A. Degree to which the vendor meets course objectives using modern adult learning methods and interactive processes for delivery, making courses fun, interesting, and professional. B. Vendors demonstrated capabilities, understanding of requirements, qualifications, experience, and references. C. The suitability of the proposal to fulfill the City’s requirements. D. Flexibility and willingness to accommodate the various times for scheduling training. E. Ability to meet course schedules for the initial year, and optional renewal years F. Overall cost and any other related fees. G. Responsiveness – The degree to which the vendor has responded to the purpose and scope of the specifications, flexibility of offeror to meet each City’s needs, conformance in all material respects to this Request for proposal, etc. H. Responsibility – The offeror who has the capability, in all respects, to perform fully the contract requirements, and the moral and business integrity and reliability which will assure good faith performance as required by these specifications. 12. Insurance Requirements. A. Consultant shall secure and maintain such insurance as will protect Consultant from claims under the Worker's Compensation Acts, automobile liability, and from claims for bodily injury, death, or property damage which may arise from the performance of services under this Agreement. Such insurance shall be written for amounts not less than: Commercial General Liability (or in combination with an umbrella policy) $1,000,000 Each Occurrence $2,000,000 Products/Completed Operations Aggregate $2,000,000 Annual Aggregate The following coverages shall be included: Premises and Operations Bodily Injury and Property Damage Personal and Advertising Injury Blanket Contractual Liability Products and Completed Operations Liability Automobile Liability $1,000,000 Combined Single Limit – Bodily Injury & Property Damage Including Owned, Hired & Non-Owned Automobiles Workers Compensation Workers’ Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Employer’s Liability with minimum limits are as follows: • $500,000 – Bodily Injury by Disease per employee • $500,000 – Bodily Injury by Disease aggregate • $500,000 – Bodily Injury by Accident B. The Cities shall be named as an additional insured on the general liability and umbrella policies on a primary and non-contributory basis. C. The Consultant shall secure and maintain a professional liability insurance policy. Said policy shall insure payment of damages for legal liability arising out of the performance of professional services for the City, in the insured's capacity as Consultant, if such legal liability is caused by a negligent act, error or omission of the insured or any person or organization for which the insured is legally liable. The policy shall provide minimum limits of $2,000,000 with a deductible maximum of $125,000 unless the City agrees to a higher deductible. D. Before commencing work, the Consultant shall provide the City a certificate of insurance evidencing the required insurance coverage in a form acceptable to City. Example Agreement 16 EXAMPLE PROFESSIONAL SERVICES AGREEMENT AGREEMENT made this __th day of ___________ 2018, by and between the City of Lakeville, a Minnesota municipal corporation ("City") and ____________________________________________________, a Minnesota corporation ("Consultant"). IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The City retains Consultant to furnish the services set forth in the Contract Documents, to provide safety training and program support for a Regional Safety Group. The Consultant agrees to perform the services. 2. CONTRACT DOCUMENTS. The following documents shall be referred to as the "Contract Documents," all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Professional Services Agreement. B. The Request for Proposals for Safety Training and Program Support C. Consultant’s proposal. In the event of conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts with Contract Document “A” has the first priority and Contract Document “C” having the last priority. 3. COMPENSATION. Consultant shall be paid by the members of the Regional Safety Group for the services described in Contract Documents based on amounts provided in the Consultant’s proposal, inclusive of reimbursables, taxes and other charges. Fees shall not be adjusted if the estimated hours to perform a task, the number of estimated required meetings or any other estimate or assumption is exceeded. Consultant will invoice each member City for their share of the costs for services rendered on a monthly basis. The monthly invoices from Consultant shall identify work completed. 4. CHANGE ORDERS. All change orders, regardless of amount, must be approved in advance and in writing by the City. No payment will be due or made for work done in advance of such approval. 5. DOCUMENTS. The City shall be the owner of all documents, reports, studies, analysis and the like prepared by the Consultant in conjunction with this contract. 17 6. STANDARD OF CARE. Consultant shall exercise the same degree of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by members of the profession under similar circumstances in Dakota County, 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. City shall not be responsible for discovering deficiencies in the accuracy of Consultant’s services. Consultant shall be responsible for the accuracy of the work and shall promptly make necessary revisions or corrections resulting from errors and omissions on the part of Consultant without additional compensation. 7. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. 8. INDEMNIFICATION. The Consultant shall indemnify and hold harmless the City, its officers, agents, and employees, of and from any and all claims, demands, actions, causes of action, including costs and attorney's fees, arising out of or by reason of the execution or performance of the work or services provided for herein to the comparative extent they are caused by Consultant’s negligent acts or omissions or those negligent acts or omissions of persons for whom Consultant is legally responsible. 9. COPYRIGHT. Consultant shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings or specifications supplied by them, and they shall hold harmless the City from loss or damage resulting therefrom. 10. INSURANCE. Consultant shall secure and maintain such insurance as will protect Consultant from claims under the Worker's Compensation Acts, automobile liability, and from claims for bodily injury, death, or property damage which may arise from the performance of services under this Agreement. Such insurance shall be written for amounts not less than: Commercial General Liability (or in combination with an umbrella policy) $1,000,000 Each Occurrence $2,000,000 Products/Completed Operations Aggregate $2,000,000 Annual Aggregate The following coverages shall be included: Premises and Operations Bodily Injury and Property Damage Personal and Advertising Injury Blanket Contractual Liability Products and Completed Operations Liability Automobile Liability $1,000,000 Combined Single Limit – Bodily Injury & Property Damage 18 Including Owned, Hired & Non-Owned Automobiles Workers Compensation Workers’ Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Employer’s Liability with minimum limits are as follows: • $500,000 – Bodily Injury by Disease per employee • $500,000 – Bodily Injury by Disease aggregate • $500,000 – Bodily Injury by Accident The Cities shall be named as an additional insured on the general liability and umbrella policies on a primary and non-contributory basis. The Consultant shall secure and maintain a professional liability insurance policy. Said policy shall insure payment of damages for legal liability arising out of the performance of professional services for the City, in the insured's capacity as Consultant, if such legal liability is caused by a negligent act, error or omission of the insured or any person or organization for which the insured is legally liable. The policy shall provide minimum limits of $2,000,000 with a deductible maximum of $125,000 unless the City agrees to a higher deductible. Before commencing work, the Consultant shall provide the City a certificate of insurance evidencing the required insurance coverage in a form acceptable to City. 11. INDEPENDENT CONTRACTOR. The City hereby retains the Consultant as an independent contractor upon the terms and conditions set forth in this Agreement. The Consultant is not an employee of the City and is free to contract with other entities as provided herein. Consultant shall be responsible for selecting the means and methods of performing the work. Consultant shall furnish any and all supplies, equipment, and incidentals necessary for Consultant’s performance under this Agreement. City and Consultant agree that Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s agents or employees are in any manner agents or employees of the City. Consultant shall be exclusively responsible under this Agreement for Consultant’s own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 12. SUBCONTRACTORS. Consultant shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Consultant shall comply with Minnesota Statute § 471.425. Consultant must pay subcontractor for all undisputed services provided by Subcontractor within ten days of Consultant’s receipt of payment from City. Consultant must pay interest of 1.5 percent per month or any part of a month to subcontractor on any undisputed amount not paid on time to subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. 19 13. ASSIGNMENT. Neither party shall assign this Agreement, or any interest arising herein, without the written consent of the other party. 14. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 15. 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. 16. TERM. This contract shall remain in effect for 24 months from date of award and may be renewed for two additional 12-month terms upon agreement of the Cities and the consultant. 17. CONTROLLING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 18. RECORDS. The Consultant shall maintain complete and accurate records of time and expense involved in the performance of services. 19. AUDIT DISCLOSURE AND DATA PRACTICES. 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. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd. 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. CITY OF LAKEVILLE CONSULTANT BY: ____________________________ BY: ___________________________ Douglas P. Anderson, Mayor Its AND: __________________________ AND: __________________________ Charlene Friedges, City Clerk Its