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06.d SafeAssure 2024 Service Agreement 1 Service Agreement THIS AGREEMENT (“Agreement”) is made this 1st day of October 2024 between the City of Scandia, Minnesota, herein referred to as the City of Scandia and SafeAssure Consultants, Inc. 7505 93rd Ave NE, Spicer, Minnesota herein referred to as SafeAssure. 1. SafeAssure will provide for the period of one year from the date of this Agreement (the “Term”), all written policies, plans, training, features and services as listed in Exhibit A to this Agreement (collectively the “Programs”), which include but are not limited to OSHA compliance recommendations and consultations, providing scheduled classroom-training sessions, writing and maintaining mandatory OSHA programs, and providing access to VelocityEHS on-line MSDS management service. These Programs will be prepared to meet the specific needs of The City of Scandia and will meet or exceed the applicable State and/or Federal OSHA requirements as listed in Exhibit B to this Agreement. 2. The Programs do not include the cost of hardware such as labels, signs, etc. (“Hardware”) and it will be the responsibility of The City of Scandia to obtain the Hardware as required to comply with OSHA standards. 3. Classroom training will be conducted by SafeAssure and will be scheduled at a time convenient to most employees/management and so as to disrupt the workday as little as possible. 4. All documents and classroom training produced by SafeAssure as part of the Programs for The City of Scandia are for the sole and express use by The City of Scandia and its employees and not to be shared, copied, or used by any division, department, subsidiary, or parent organization or any entity whatsoever, without prior written approval of SafeAssure which approval will not be unreasonably withheld or delayed. 5. SafeAssure will make modifications and/or additions to the Programs when necessary to comply with changing OSHA standards/statutes/rules. These changes or additions, when made during the Term, will be made at no additional cost to The City of Scandia. 6. All written Programs that are produced by SafeAssure are guaranteed to meet all of the requirements set forth by MNOSHA/OSHA. SafeAssure will reimburse the City of Scandia for any fine assessed against the City of Scandia by MNOSHA/OSHA for a deficient or inadequate written program that was produced by SafeAssure. SafeAssure does not take responsibility for financial loss due to MNOSHA/OSHA fines that are unrelated to the Programs listed in Exhibit A or the services provided by SafeAssure hereunder. 7. SafeAssure agrees to abide by all applicable federal and state laws, rules and regulations including, but not limited to, MNOSHA/OSHA regulations and local/state/national building codes. Additionally, SafeAssure will practice all reasonable and appropriate safety and loss control practices. 8. SafeAssure agrees to provide the City of Scandia with a current Certificate of Insurance with proper coverage lines and a minimum of $2,000,000.00 in insurance limits of general liability per occurrence and statutory requirements for workers' compensation insurance. SafeAssure is insured by “The Harford” insurance companies. 2 9. SafeAssure further agrees that the City of Scandia will not be held liable for any claims, injuries, or damages of whatever nature due to negligence or alleged negligence of SafeAssure to third parties and SafeAssure agrees to indemnify and hold the City of Scandia harmless from and against any such clams, injuries or damages including the costs and reasonable attorney’s fees incurred by the City of Scandia in defending such claims, injuries or damages. 10. SafeAssure expressly forever releases and discharges the City of Scandia, its agents, elected and appointed officials, attorneys, consultants and employees from any such claims, injuries, or damages. SafeAssure will also agree to defend, indemnify and hold harmless the City of Scandia, its agents, members and heirs from any and all claims, injuries, or damages of whatever nature pursuant to the provisions of this Agreement. 11. SafeAssure and its employees is an independent contractor of the City of Scandia, and nothing in this Agreement shall be considered to create the relationship of an employer/employee or joint venture. 12. In consideration of this signed Agreement, for the Term the City of Scandia agrees to pay. CITY OF STILLWATER AREA GROUP SERVICE AGREEMENT PRICING SCANDIA ANNUAL SERVICE AGREEMENT COST IF PAID ON SIGNING ANNUAL CONTRACT $ 4059.15 SDS ON-LINE SERVICES $ Included ANNUAL $4,059.15 IN WITNESS WHEREOF, the parties hereto agree to the terms and conditions of this Agreement effective the day and year first above written and, if representing an organization or similar entity, further certify the undersigned are a duly authorized agent of said entity and authorized to sign on behalf of identified entity. CITY OF SCANDIA SAFEASSURE CONSULTANTS, INC. By: By: Christine Maefsky, Mayor Its: President By: By: City Administrator Its: City of Scandia Contact: City Administrator 14727 209th St N. Scandia, MN 55073 651 433-2274 SafeAssure Contact: Chadwick W. Peterson, President PO Box 756, 7505 93rd Ave NE, Spicer, MN 56201 320-231-3803 chad@safeassure.com 3 Exhibit A SAFETY PROGRAM For the City of Scandia A.W.A.I.R. (A Workplace Accident and Injury Reduction Act) • review/modify or write site specific program • documented training of all personnel • accident investigation • simulated OSHA inspection Employee Right to Know/Hazard Communication • review/modify or write site specific program • documented training of all personnel (general and specific training) • various labeling requirements • assist with installing and initiating MSDSonline data base program Lock Out/Tag Out (Control of Hazardous Energy) • review/modify or write site specific program • documented training of all personnel Emergency Action Plan • review/modify or write site specific program • documented training of all personnel Respiratory Protection • review/modify or write site specific program • documented training of all personnel Bloodborne Pathogens • review/modify or write site specific program • documented training of all personnel Cranes-Chains-Slings • review/modify or write site specific program • documented training of all personnel (inspections) 4 Hearing Conservation (Occupational Noise Exposure) • review/modify or write site specific program • documented training of all personnel • decibel testing and documentation Personal Protective Equipment • review/modify or write site specific program • documented training of all personnel Confined Space • review/modify or write site specific program • documented training of all personal Trenching & Excavation (competent person training in second year) • review/modify or write site specific program • documented training of all personnel Earth Moving Equipment/Motor Vehicles • review/modify or write site specific program • documented training of all personnel Powered Industrial Trucks/Forklifts • review/modify or write site specific program • documented training of all personnel • testing and licensing Ergonomics • review/modify or write site specific program • documented training of all personnel o job hazards-recognition o control steps o reporting o management leadership requirements o employee participation requirements 5 General Safety Requirements • review/modify or write site specific program • documented training of all personnel The “SafeAssure Advantage” • Online training including but not limited to: AWAIR, EAP, ERTK, ERGO, Bloodborne, Fire Extinguishers, Forklift and approximately 30 others • Safety Committee Advisor • Employee Safety Progress Analysis • SafeAssure “Client Discount Card” from “Fastenal Stores or Catalogs” (15% off any item) • VelocityEHS online data base utilizing MSDSonline database program • Job Hazard Analysis (JHA for more hazardous tasks/jobs) • Training manual maintenance • Safety manual maintenance • Documented decibel testing • Documented air quality readings-(CO2 testing in shops with 5 or more vehicle capacity) • Documented foot-candle readings (if needed) • OSHA recordkeeping • General Duty Clause • Assistance during an actual OSHA inspection • General safety recommendations • “ALERT” notification system • Unlimited consulting services 6 Exhibit B The United States Department of Labor, Division of Occupational Safety and Health Administration and the Minnesota Department of Labor, Division of Occupational Safety and Health Administration require employers to have documented proof of employee training and written procedures for certain specific standards. The required standards that apply to The City of Scandia are listed below: A.W.A.I.R. MN Statute 182.653 "An employer covered by this section must establish a written Work-place Accident & Injury program that promotes safe & healthful working conditions". EMERGENCY ACTION PLAN 29 CFR 1910.35 THRU .38 "The emergency action plan shall be in writing and shall cover the designated actions employers & employees must take to insure employee safety from fire & other emergencies". CONTROL OF HAZARDOUS ENERGY 29 CFR 1910.147 & MN Rules 5207.0600 "Procedures shall be developed, documented & utilized for the control of potentially hazardous energy when employees are engaged in the activities covered by this section". HAZARD COMMUNICATIONS 29 CFR 1910.1200 & MN Rules 5206.0100 thru 5206.1200 "Evaluating the potential hazards of chemicals, and communicating information concerning hazards and appropriate protective measures to employees may include, but is not limited to, provision for: development & maintaining a written hazard communication program for the workplace..." RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES 29 CFR 1904 "Each employer shall maintain in each establishment a log and summary of all occupational injuries and illnesses for that establishment............" CONFINED SPACE 29 CFR 1910.146 If the employer decides that its employees will enter permit spaces, the employer shall develop and implement a written permit space program........ RESPIRATORY PROTECTION 29 CFR 1910.134 Written standard operating procedures governing the selection and use of respirators shall be established. 7 OCCUPATIONAL NOISE EXPOSURE 29 CFR 1910.95 The employer shall institute a training program for all employees who are exposed to noise at or above an 8-hour time weighted average of 85 decibels and shall ensure employee participation in such a program. BLOODBORNE PATHOGENS 29 CFR 1910.1030 Each employer having an employee(s) with occupational exposure as defined by paragraph (b) of this section shall establish a written Exposure Control Plan designed to eliminate or minimize employee exposure. POWERED INDUSTRIAL TRUCKS 29 CFR 1910.178 “Only trained and authorized operators shall be permitted to operate a powered industrial truck. Methods shall be devised to train operators in the safe operation of Powered Industrial Trucks”. GENERAL DUTY CLAUSE PL91-596 "Hazardous conditions or practices not covered in an O.S.H.A. Standard may be covered under section 5(a)(1) of the act, which states: Each employer shall furnish to each of {their} employees’ employment and a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to {their} employees." LOGGING OPERATIONS 1910.266 (i)(1) The employer shall provide training for each employee, including supervisors, at no cost to the employee. OPERATION OF MOBILE EARTH-MOVING EQUIPMENT. Training programs shall be developed and instructed by competent individuals who have knowledge, training, experience, and the demonstrated ability to identify existing and predictable hazards related to the subject matter. EXCAVATIONS/TRENCHING 1926.651 (k)(1) Daily inspections of excavations, the adjacent areas, and protective systems shall be made by a competent person for evidence of a situation that could result in possible cave-ins, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions. PERSONAL PROTECTIVE EQUIPMENT 1926.95 a) "Application." Protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards of processes or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical contact. 8 OVERHEAD CRANES 1910.179(j)(3) Periodic inspection. Complete inspections of the crane shall be performed at intervals as generally defined in paragraph (j)(1)(ii)(b) of this section, depending upon its activity………………… ERGONOMICS 29 CFR PART 1910.900 THRU 1910.944 “Training required for each employee and their supervisors must address signs and symptoms of MSD’s, MSD hazards and controls used to address MSD hazards.” 9 In the interest of Quality Safety Management, it may be recommended that written procedures and documented employee training also be provided for the following Subparts. (Subparts represent multiple standards) 1910 Subparts Subpart D - Walking - Working Surfaces Subpart E - Means of Egress Subpart F - Powered Platforms, Man-lifts, and Vehicle-Mounted Work Platforms Subpart G - Occupational Health and Environmental Control Subpart H - Hazardous Materials Subpart I - Personal Protective Equipment Subpart J - General Environmental Controls Subpart K - Medical and First Aid Subpart L - Fire Protection Subpart M - Compressed Gas and Compressed Air Equipment Subpart N - Materials Handling and Storage Subpart O - Machinery and Machine Guarding Subpart P - Hand and Portable Powered Tools and Other Hand-Held Equipment. Subpart Q - Welding, Cutting, and Brazing. Subpart S - Electrical Subpart Z - Toxic and Hazardous Substances 1926 Subparts Subpart C - General Safety and Health Provisions Subpart D - Occupational Health and Environmental Controls Subpart E - Personal Protective and Life Saving Equipment Subpart F - Fire Protection and Prevention Subpart G - Signs, Signals, and Barricades Subpart H - Materials Handling, Storage, Use, and Disposal Subpart I - Tools - Hand and Power Subpart J - Welding and Cutting Subpart K - Electrical Subpart L - Scaffolds Subpart M - Fall Protection Subpart N - Cranes, Derricks, Hoists, Elevators, and Conveyors Subpart O - Motor Vehicles, Mechanized Equipment, and Marine Operations Subpart P - Excavations Subpart V - Power Transmission and Distribution Subpart W - Rollover Protective Structures; Overhead Protection Subpart X - Stairways and Ladders Subpart Z - Toxic and Hazardous Substances Applicable MN OSHA 5205 Rules Applicable MN OSHA 5207 Rules Applicable MN OSHA 5206 Rules (Employee Right to Know)