5.h) Safe Assure 2014 Renewal ContractContract/ Agreement
THIS AGREEMENT ("Agreement") is made this 1" day of October, 2014 between the City of Scandia,
Minnesota, herein referred to as the City of Scandia and SafeAssure Consultants, Inc. 200 S.W. Fourth
Street, Willmar, 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 DAMARCO Companies 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.
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 CONTRACT PRICING
SCANDIA ANNUAL CONTRACT COST IF PAID ON SIGNING
ANNUAL CONTRACT $ 2987.00
DAMARCO SERVICES (MSDS ON-LINE) $ 100.00
ANNUAL $3,087.00
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
Randall Simonson, Mayor
Kristina Handt, Clerk/Administrator
City of Scandia Contact:
Tim Keiffer, Maintenance Superintendent
14722209 th St N.
Scandia, MN 55073
651433-5223
t.kieffer@ci.scandia.mn.us
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SAFEASSURE CONSULTANTS, INC.
By:
IM
Its: President
Its:
SafeAssure Contact:
Chadwick W. Peterson, President
PO Box 756, 200 SW 4th Street
Willmar, MN 56201
320-231-3803
chad@safeassure.com
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 DAMARCO Solutions, LLC, MSDS
and 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)
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
M
General Safety Requirements
review/modify or write site specific program
documented training of all personnel
The "SafeAssure Advantage"
On -Line training available for AWAIR, EAP, ERTK, ERGO., Blood
Borne
Safety Committee Advisor
Employee Safety Progress Analysis
SafeAssure "Client Discount Card" from "Fastenal Stores or Catalogs"
(15 % off any item)
MSDS on line data base utilizing DAMARCO Solutions, LLC MSDS
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" data base
Unlimited consulting services
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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 work place... "
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........
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RESPIRATORY PROTECTION 29 CFR 1910.134
Written standard operating procedures governing the selection and use of
respirators shall be established.
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.
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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.
OVERHEAD CRANES
1910.1790)(3)
Periodic inspection. Complete inspections of the crane shall be performed at
intervals as generally defined in paragraph 0)(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. "
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)
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