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HomeMy WebLinkAboutA001 - Council Action Form dated June 24, 2025ITEM #:22 DATE:06-24-25 DEPT:HR SUBJECT:SAFETY SERVICES CONTRACT FOR FY 2025/26 COUNCIL ACTION FORM BACKGROUND: The City has contracted with the Iowa Association of Municipal Utilities (IAMU) for over 21 years to provide safety training and OSHA compliance support to City staff. IAMU provides training regarding topics of importance to all City staff and provides specialized training for the unique activities undertaken by staff in different departments. In addition, IAMU provides safety program review, accident investigation support, and undertakes special projects at the request of division leaders and the Risk Manager. IAMU has been very receptive of continuing improvements to the Safety Services program as requested by the City’s Risk Manager. IAMU continues to improve its services to the City, in line with the City’s organizational values, and works closely with the Risk Manager to ensure that the City’s needs are being met. The City's current contract with IAMU is expiring June 30, 2025. The expiring contract is for an amount not to exceed $142,750. IAMU has a proposed renewal of $147,036 for FY 2025/26, which is a 3% increase. The FY 2025/26 adopted budget contains $147,033 for safety services. ALTERNATIVES: 1. Waive the City's Purchasing Policy requirement for competitive bidding and approve renewal of an agreement for safety services with IAMU for an amount not to exceed $147,036 for July 1, 2025, through June 30, 2026. 2. Do not approve an agreement with IAMU, and direct City staff to find alternatives to provide safety training services. CITY MANAGER'S RECOMMENDED ACTION: IAMU continues to provide quality safety training and services to the City. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. ATTACHMENT(S): 2008-2025 Agreement FY 2025-2026 Ames (1).pdf 1 1 CONTRACT FOR PROFESSIONAL SERVICES FOR SAFETY AND TRAINING FOR CITY OF AMES THIS AGREEMENT, made and entered into effective the 1st day of July, 2025, by and between the CITY OF AMES, IOWA, a municipal corporation organized and existing pursuant to the laws of the State of Iowa (hereinafter sometimes called "City") and the Iowa Association of Municipal Utilities (IAMU) (a not-for-profit organization to support municipal utilities in Iowa, organized and existing pursuant to the laws of the State of Iowa and hereinafter called "Provider"); W I T N E S S E T H T H A T: WHEREAS, the City of Ames has determined that certain services to be provided to the City of Ames and its citizens by Provider, such services and facilities being hereinafter described and set out, should be purchased in accordance with the terms of a written agreement as hereinafter set out; NOW, THEREFORE, the parties hereto have agreed and do agree as follows: I PURPOSE The purpose of this Agreement is to procure for the City of Ames certain services as hereinafter described and set out; to establish the methods, procedures, terms and conditions governing payment by the City of Ames for such services; and, to establish other duties, responsibilities, terms and conditions mutually undertaken and agreed to by the parties hereto in consideration of the services to be performed and monies paid. II SCOPE OF WORK Provider shall provide the services set forth in the Scope of Work incorporated into this Agreement and attached hereto as Exhibit A. This Agreement only covers the safety services outlined in the Scope of Work to be provided by or through IAMU’s Safety Services Department. Any other services outside the Scope of Work by IAMU requires additional written agreements. The City, without invalidating the Agreement, may direct changes in the project, within the general scope of the Agreement, with the authorized payment maximum being adjusted accordingly. The added cost or cost reduction to the City resulting from a change in the Agreement shall be determined by mutual acceptance of a lump sum properly itemized and supported by sufficient data to permit evaluation, or by unit prices stated in the Agreement or subsequently agreed upon, provided that a written amendment is mutually executed as set forth in Section III herein. The Provider shall designate an employee to be responsible for communicating with the City’s Risk Manager about City needs, special issues and to provide a quality control role among the department trainers. Provider shall assign a primary trainer for each department, and the list of those trainers shall be provided to the Risk Manager. Those primary trainers shall provide significantly all training for the assigned departments, except where necessary due to absence or lack of expertise. When it is necessary to utilize a trainer other than the assigned primary trainer for a department, Provider shall notify the affected Department contact and the Risk Manager as soon as reasonably possible. When necessary, to assign an alternative trainer with advance notice the Risk Manager shall have the opportunity to approve the alternative trainer. Provider shall make available all employees who shall provide direct training services to City employees under this Agreement to attend an overview of the City’s Excellence Through People values philosophy in order to better prepare Provider’s trainers to communicate and train within the City’s adopted values. The City and Provider 2 2 will coordinate schedules to arrange this overview for all Employees as soon as reasonably possible after the execution of this Agreement. It shall be the responsibility of the provider, before proceeding with any change in scope, to verify that the change has been properly authorized on behalf of the City. III METHOD OF PAYMENT A. Payments shall be made by the City of Ames in accordance with the Scope of Work, outlined in the attached Exhibit A. B. Work performed in addition to the Scope of Work outlined in Exhibit A shall be invoiced at the following rates: Instructor, consulting and process consultant: of $135 hr. Intern consultant: $37/hr. Miscellaneous supplies: reimbursed at cost The maximum total amount payable by the City of Ames under this Agreement: Service Period Annual Fee July 1, 2025 – June 30, 2026 $147,036 No greater amounts shall be paid without written amendment. C. Payment will be made monthly upon completion of the work and acceptance by the City of Ames. Provider shall submit a monthly invoice upon completion of the work. The invoice shall include a narrative of the work performed during the previous month and the planned work for the upcoming month. Invoices referencing the assigned purchase order number shall be sent to the following address: City of Ames Finance Dept. – Accounts Payable PO Box 811 Ames, IA 50010 lV FINANCIAL ACCOUNTING AND ADMINISTRATION A. All claims for payment shall be supported by properly executed payrolls, invoices, contracts, vouchers evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders pertaining in whole or in part to this Agreement shall be clearly identified as such and readily accessible for examination and audit by the City or its authorized representative. B. All records shall be maintained in accordance with procedures and requirements established by the City Finance Director, and the City Finance Director may, prior to any payment under this Agreement, conduct a pre-audit of record keeping and financial accounting procedures of the Provider for the purpose of determining changes and modifications necessary with respect to accounting for charges made hereunder. All records and documents required by this Agreement shall be maintained for a period of three (3) years following final payment by the City. C. At such time and in such form as the City may require, there shall be furnished to the City such statements, records, reports, data, and information as the City may require with respect to the payments made or claimed under this Agreement. D. At any time during normal business hours, and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement and Provider will permit the City to audit, examine, and make excerpts or transcripts from such records, and to make 3 3 audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment, and other data relating to all matters covered by this Agreement. V INSURANCE A. The provider shall maintain insurance coverage in scope and amounts acceptable to the City’s Risk Manager, who is the sole Owner’s Representative. B. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City of Ames, its officials, employees, or volunteers. C. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. D. Provider shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on standard insurance company forms or forms provided by the City and are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. E. Provider shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. F. To the fullest extent permitted by law the Provider shall indemnify and hold harmless the City of Ames, their agents, and employees from and against all claims, damages, losses, and expenses, including, but not limited to attorneys’ fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss, or expense (1) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom; and (2) is caused in whole or in part by any negligent act or omission of the Provider, any Subcontractor, anyone directly or indirectly employed by any of them or any one for whose acts, any of them may be liable. G In no case will the Provider’s coverage be constructed to provide coverage for acts of negligence alleged to be caused by the sole negligence of employees of the City of Ames. VI PROPRIETARY RIGHTS AND CONFIDENTIAL INFORMATION Provider agrees to hold in trust and confidence any confidential and/or proprietary information or data relating to City business and shall not disseminate or disclose such confidential information to any individual or entity, except Provider’s employees or subcontractors performing services hereunder (who shall be under a duty of confidentiality), and any other individuals specifically permitted in each instance by the City. VII TERMINATION A. Term and Termination Without Cause. This Agreement shall commence on July 1, 2025, and shall remain in effect until June 30, 2026. Without regard to anything contained herein this Agreement shall terminate on June 30, 2026. 4 4 B. Termination for Default. In the event of the failure of a party to perform any material obligation under this Agreement that is not cured within sixty (60) calendar days following receipt of written notice of such failure, the non-defaulting party shall have the right to terminate this Agreement and, subject to the terms of this Agreement, seek any and all rights and remedies available to it at law and in equity. VIII INDEPENDENT CONTRACTOR STATUS Provider agrees that the relationship between Provider and the City is that of an independent contractor for employment tax purposes. The Provider shall be solely responsible for all taxes relating to payments under this agreement including those of employees. IX LAWS This contract is governed by the law of the State of Iowa with venue in Story County District Court. X ASSIGNMENT This Agreement may not be assigned or transferred by the Provider without the prior written consent of the City. XI AFFIRMATIVE ACTION Provider shall place on file with the City a statement of nondiscrimination policy in the form of a completed Assurance of Compliance with the City of Ames, Iowa, Affirmative Action Program satisfactory to the Affirmative Action Officer of the City. XII DURATION This Agreement shall be in full force and effect from and after from July 1, 2025, through June 30, 2026, or, until terminated by the City of Ames, Iowa. IN WITNESS WHEREOF the parties hereto have, by their authorized representatives, set their hand and seal as of the date first above written. CITY OF AMES, IOWA Iowa Association of Municipal Utilities By: By: _____________________________________ John Haila, Mayor Troy DeJoode, Executive Director Attest by: ____________________________ Renee Hall, City Clerk Doc: U/ 2008-2025 FY 2025/2026 IAMU 5