HomeMy WebLinkAboutA015 - Resolution approving contract renewal with IAMU for Safety Services Contract for July 1, 2026 - June 30, 2027ITEM #:16
DATE:06-09-26
DEPT:HR
SUBJECT:FY 2026/27 SAFETY SERVICES CONTRACT WITH IOWA ASSOCIATION OF
MUNICIPAL UTILITIES
COUNCIL ACTION FORM
BACKGROUND:
The City has contracted with the Iowa Association of Municipal Utilities (IAMU) since 2008 to
provide employee safety training and OSHA compliance. 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. IAMU 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, 2026. The expiring contract is
for an amount not to exceed $147,036. IAMU has proposed a renewal at a cost of
$151,440 for FY 2026/27, which is a 3% increase. The FY 2026/27 adopted budget
contains $151,447 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
$151,440 for July 1, 2026, through June 30, 2027.
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:
The City has utilized IAMU for safety services since 2008. The organization does an
excellent job providing safety training for City's employees as well as providing
additional services such as mock OSHA walkthroughs, noise testing, air testing, and
overall program review. Therefore, it is the recommendation of the City Manager that the
City Council adopt Alternative No. 1, as described above.
ATTACHMENT(S):
2008-2026 Agreement FY 2026-2027 Ames.pdf
SOW IAMU 2026-2027.pdf
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CONTRACT FOR
PROFESSIONAL SERVICES FOR SAFETY AND TRAINING
FOR CITY OF AMES
THIS AGREEMENT, made and entered into effective the 1st day of July, 2026, 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
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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, 2026 – June 30, 2027 $151,440
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
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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, 2026, and shall
remain in effect until June 30, 2027. Without regard to anything contained herein this Agreement shall terminate on
June 30, 2027.
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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, 2026, through June 30,
2027, 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/ 2008-2026 FY 2026/2027 IAMU
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EXHIBIT A
SCOPE OF WORK
PROFESSIONAL SERVICES
OSHA PROGRAM REQUIREMENTS
PROGRAM DEVELOPMENT AND SAFETY AND PROCEDURE TRAINING
FOR CITY OF AMES HUMAN RESOURCES RISK MANAGEMENT PROGRAM
1. GENERAL
1.1 General Description:
1.1.1 The Iowa Association of Municipal Utilities (IAMU, contractor) shall
provide professional services for program development and safety and
procedure training and consultation for City of Ames. IAMU shall
provide all components necessary to complete the work except as
specified herein.
1.1.2 The objective of this contract is to improve the operating departments of
the City to meet or exceed OSHA compliance requirements, reduce
incidents and to provide training and consultation to employees in the
respective departments, divisions, and work groups.
1.1.2.1 Operating departments include Electric Services, Water &
Pollution Control, Parks & Recreation, CyRide, Public Works, and
City Hall.
1.1.2.2 Each operating department includes multiple divisions or work
groups.
1.1.3 IAMU will attend monthly safety team meetings at each designated
department/division/work group. The purpose of IAMU in attending these
meetings is to help facilitate discussion, research safety inquires, and
provide expertise and recommendations to safety procedures. If IAMU is
unable to attend due to unforeseen circumstances, the meeting, at the
City’s discretion, will be rescheduled or cancelled.
1.1.4 IAMU will provide professional guidance on safety related goals.
1.1.5 IAMU will provide incident investigations as requested after employee
incidents.
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1.1.6 Only program development and presentation of said programs to City
departments, and associated tasks required related to OSHA some EPA
safety program requirements are included in the work.
1.1.6.1 IAMU may provide additional safety-related services to various
City departments during the contract period. However, no
resources identified for this OSHA Program Requirements
Program Development and Safety and Procedure Training shall be
used to provide services not included in this contract.
1.1.6.2 Any service provided to the City by IAMU during the contract
period that is not part of the OSHA Program Requirements
Program Development and Safety and Procedure Training shall be
provided under separate contract.
1.2 Owner:
1.2.1 The Owner is defined as the City of Ames, Iowa (City, City of Ames).
1.2.2 The Owner’s Representative for this project is Bill Walton, Risk Manager,
Human Resources Department; phone 515-239-5102.
1.3 The City of Ames will provide:
1.3.1 On-site work space for one IAMU staff person including a desk, table, or
work station and a chair.
1.3.2 Internet access. Use of Internet shall be in accordance with City policies
and procedures for City employees.
1.3.3 Use of standard building facilities and services including restrooms,
lunchroom with vending machines, and standard custodial services.
1.3.4 Reproduction and printing services for classroom training activities and
program reports.
1.4 All models, materials, programs, documentation, copyrightable work, discoveries,
inventions, improvements, or other components or deliverables provided and/or
developed by IAMU, resulting from the performance of IAMU’s responsibilities
and obligations pursuant to the Work are the property of the City of Ames. City
of Ames agrees not to redistribute copyrighted model plans obtained in this
agreement for other than City use.
1.4.1 Contractor does hereby sell, assign, and transfer to the City the entire
right, title and interest in and to the Work, including but not limited to
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exclusive rights to reproduce, distribute, prepare derivative works, display
and perform the Work.
1.4.2 Contractor agrees to provide whatever assistance is necessary for the City
to preserve its interests under this provision.
1.4.3 This provision shall survive expiration and termination of this Agreement.
1.5 Documents and reports furnished in electronic format shall be provided in format
acceptable for future City of Ames use.
2. CONTRACTOR QUALIFICATIONS AND PROJECT TEAM
2.1 The contractor’s personnel and management providing services under this
contract shall be knowledgeable, trained, and certified or credentialed in their
respective areas of expertise. The City reserves the right to perform
investigations and monitor training presentations as may be deemed necessary to
insure that competent persons will deploy continuous efforts to improve the
quality of training presentations and safety consulting when performing the work.
2.2 Each IAMU staff person assigned to the Work shall all have a proven record of
having successfully provided safety program development and training services
similar in size and scope to those to be provided under this contract.
2.3 IAMU shall designate one representative to work on-site.
2.4 IAMU shall designate one supervisor/manager for the project.
2.5 IAMU shall provide additional qualified and competent staff as necessary to
complete the work.
2.6 IAMU proposed staff assignments shall be approved by the Owner’s
representative prior to the monthly training. It is understood by the parties that
based on unforeseen circumstances; the assignments may be changed.
2.7 IAMU employees shall be dismissed from the project by the Contractor when so
requested by the City, and such persons shall be prohibited from returning to the
project without the written consent of the City.
2.8 IAMU shall be responsible for the acts and omissions of all IAMU employees and
all subcontractors, their employees, agents and agent’s employees, and all other
persons providing services under agreement with IAMU.
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3. PROGRAM DEVELOPMENT
3.1 IAMU will develop new programs and review and update existing programs in
City departments and divisions in order to ensure compliance with OSHA
program requirements.
3.2 IAMU will establish or review and update written OSHA programs for City
departments and divisions.
3.3 IAMU will establish or review and update safety processes that support and build
the safety programs in City departments and divisions and will include City-
specific examples and/or photographs in the delivery of training sessions.
3.4 IAMU will establish written OSHA safety programs and processes for City
locations, including but not limited to City Hall, where multiple departments and
divisions are located.
3.5 IAMU will formally solicit employee involvement and input in programs and
processes to insure employee buy-in and to allow future updates to be made by
City employees or others. This to be achieved by attending monthly safety
committee meetings and/or direct contact within the departments.
3.6 IAMU will perform work on the following OSHA programs:
3.6.1 For 2026-2027 continue the re-evaluate program risk assessment of
Bloodborne Pathogens program, Hearing Conservation program, and the
Heat Stress policies. Then make appropriate changes or recommendations
to the program. Each year a new list of programs will be submitted to the
Risk Manager to approve for that year’s review by IAMU.
3.6.2 Perform a detailed audit and report for each department and then follow up
with results and assistance to correct findings.
3.6.3 Continue the re-evaluate program risk assessment of Job Safety Analysis
and Personal Protective equipment. Then make appropriate changes or
recommendations to the program.
3.6.4 Continue to evaluate the status of electrical panels for general compliance,
and with arc flash rating regulations.
3.6.5 Other programs as approved by the Owner’s Representative during the
contract period.
3.7 IAMU will develop and include in all work the following, as applicable or as
directed by the Owner’s Representative, for each program at each location.
3.7.1 Photographic record of all processes.
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3.7.2 Audit forms, in both electronic and paper formats, for each work group.
3.7.3 Written presentation outlines, provided in both electronic and paper
formats.
3.7.4 Records of discussions concerning ideas and opportunities to improve the
quality and content of all written documents and visual presentations.
3.7.5 Inspection forms, in both electronic and paper formats.
3.8 IAMU shall perform various tests and analysis including but not limited to
audiometric and air sampling.
3.9 IAMU shall provide professional assistance in the development of general safety
policies and procedures.
3.10 All programs, forms, processes, and other work shall meet the applicable OSHA
program requirements.
3.11 All programs, forms, and processes shall be specific to the using department/work
group.
3.12 IAMU will review existing programs and processes for compliance with OSHA
program requirements and provide written report to the Owner’s Representative.
3.13 IAMU will prepare recommendations for program and process improvements and
submit to Owner’s Representative and applicable department/division/work
group.
3.14 For each program at each department/division/work group, IAMU will provide a
comprehensive training session.
3.15 IAMU will assist Risk Manager with safety reports.
4. SAFETY CONSULTATION AND PROCEDURE TRAINING
4.1 IAMU will, as part of the training allotted hours, assist managers and supervisors
with safety related questions and/or activities. This includes establishing and
supporting safety committees and attending the safety committee meetings.
4.2 IAMU will assist and/or conduct incident investigations, when requested by the
City of Ames.
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4.3 IAMU will prepare, arrange, and present monthly education classes and related
consulting services to educate City employees on various OSHA health and safety
issues, programs, and processes.
4.4 IAMU will conduct periodic meetings with departments, divisions, and work
groups to plan training classes.
4.5 IAMU will conduct, per the training schedule, a training session each month at
each City operating department/division/work group site. It is understood that
City departments/divisions may cancel or reschedule training sessions based on
their work schedules.
4.6 Monthly safety classes shall include training meeting or exceeding OSHA
program requirements. Classes will be chosen and arranged by consultation with
the individual departments and the Risk Manager, complying with the
requirements of OSHA and relating to the specific needs of the department.
4.7 Each training session will be one-hour minimum duration and will include
available outline and handouts for each participant.
4.8 When applicable, each training session shall include video and City-specific
content, including documents, photographs and videos.
4.9 When possible, training sessions shall include practical or hands-on instruction.
4.10 By the 15th day of each month, IAMU will provide the Owner’s Representative
with a written summary of the previous month’s training. Summary shall be
provided in both electronic (Word and Excel) and hard copy formats suitable for
inclusion in formal reports and retention in City records.
4.10.1 Annually, or as requested by City of Ames, Contractor will supply class
outlines and handouts to Owner Representative.
4.10.2 IAMU will provide Owner Representative the sign-in sheet for each course
presented, including:
4.10.2.1 Date.
4.10.2.2 Time of day and duration/length of class.
4.10.2.3 Instructor name.
4.10.2.4 Department, division, or work group name where class was
presented.
4.10.2.5 Description/topic of class.
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4.11 IAMU shall maintain a database of training sessions provided. IAMU, at the
request of the Owner’s Representative, will provide a summary of training by
employee.
4.12 The database shall include a comprehensive record of training attendance for
each employee in each department, division or work group where services
have been provided by IAMU.
4.13 Database records shall include each employee’s name, department, division,
work group, dates of attendance at training sessions, duration of each class,
and name/topic of each session attended.
4.14 By the 15th of each month, IAMU shall update database records to include all
sessions presented the previous month.
5. PROGRESS AND STATUS REPORTING
5.1 The IAMU project supervisor/manager shall meet with the Owner’s
Representative at least once per month or as requested by the Risk Manager to
review progress on written program development and monthly training topics.
6. INVOICING AND PAYMENT
6.1 This Agreement shall be on a Not To Exceed contract basis of:
Service Period Annual Fee Monthly Fee
July 1, 2026 – June 30, 2027 $151,440 $12,620
6.2 An invoice representing the Agreement’s “progress billing”, in the estimated
amount, monthly fee in 6.1, shall be submitted by the 25th of each month for work
performed the previous month.
6.3 The invoice shall be accompanied by the following:
6.3.1 a narrative of the work performed during the previous month,
6.3.2 the planned work for the upcoming month.
6.4 Any work performed outside the scope of the Agreement will be agreed to in
advance by IAMU and the City, billable at rates as stated in the Agreement.
6.5 For work performed outside the scope of the Agreement, the invoice shall provide
the following detail.
6.5.1 Date(s) work performed.
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6.5.2 Time of day worked on each day including start time and completion time.
6.5.3 IAMU staff person name and work rate classification.
6.5.4 Department, division, work group name for which services were provided.
6.5.5 Description of work performed or service provided including program
name.
6.5.6 City of Ames staff person designated as point of contact for the service.
Doc SOW IAMU 2026-2027
Rev. 3/12/26
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