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HomeMy WebLinkAboutItem 06.k Date: March 19, 2018 Item No. APPROVAL OF A CONTRACT WITH MIDWEST SAFETY COUNSELORS, INC. FOR SAFETY TRAINING AND PROGRAM SUPPORT TO THE REGIONAL SAFETY GROUP Proposed Action Staff recommends adoption of the following motion: Move to approve a contract with Midwest Safety Counselors, Inc. for safety training and program support to the Regional Safety Group. Overview Under a Joint Powers Agreement approved by the Lakeville City Council on December 18, 2017, the cities of Lakeville, Farmington, and Elko New Market formed a regional safety group to support and improve the safety programs in each City. The group’s objective is to develop and maintain safety programs oriented to municipal and employee needs through focused training and the development of safety manuals, processes, procedures, and programs. The cities solicited proposals from eight safety training companies. Three companies responded, each meeting the basic requirements for training, program support, and record keeping. Two of the three responding companies were interviewed to gain additional insight into their proposal responses. Training and program support costs ranged from $18,240.00 to $111,600.00. Midwest Safety Counselors, Inc. provided the most cost-effective proposal. Costs are shared between the three cities in the regional safety group. Both Elko New Market and Farmington have approved the contract with Midwest Safety Counselors, Inc. Staff recommends approval of the contract Primary Issues to Consider • How will the training and program support be funded? Each City has funds set aside for safety programs and training. Each City will be billed individually for its portion of the training and program support costs. Supporting Information • A tabulation of the proposals and a copy of the contract is attached. Financial Impact: $6,080.00 Budgeted: Yes Source: Department Budgets Related Documents (CIP, ERP, etc.): Envision Lakeville Community Values: Good Value for Public Services Report Completed by: Neil Normandin, Public Works and Facilities Coordinator 2 Proposal Tabulation Regional Safety Group Safety Training and Program Support January 19, 2018 Contractor Safety Training Program Support Record Keeping Annual Total IEA, Inc.14,000.00 18,000.00 Hourly Rate 32,000.00 Midwest Safety Counselors, Inc.9,120.00 9,120.00 Hourly Rate 18,240.00 The Ferri Group 24,000.00 87,600.00 Included 111,600.00 Note: Hourly rates for record keeping vary by contractor and will be billed as each City uses the service. The Ferri Group proposed a flat rate record keeping cost that is included in Program Support. Hourly rates for record keeping will be billed directly to the cities based on use. 3 PROFESSIONAL SERVICES AGREEMENT AGREEMENT made this 19th day of March 2018, by and between the City of Lakeville, a Minnesota municipal corporation ("City") and Midwest Safety Counselors, Inc., 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. 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 4 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 Including Owned, Hired & Non-Owned Automobiles Workers Compensation 5 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. 13. ASSIGNMENT. Neither party shall assign this Agreement, or any interest arising herein, without the written consent of the other party. 6 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 Midwest Safety Counselors, Inc. BY: ____________________________ BY: ___________________________ Douglas P. Anderson, Mayor Its AND: __________________________ AND: __________________________ Charlene Friedges, City Clerk Its