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MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROGER NELSON, CITY MANAGER
MEETING DATE: FEBRUARY 5, 2002
SUBJECT: CONTRACT APPROVAL -SAFETY SERVICES
RECOMMENDATION:
City Council to consider renewal of a contract with System Safety International in the
amount of $18,000 to provide safety consulting services and authorize the City Manager
as signatory.
FUNDING SOURCE:
Funds are available in Account # 100-44540-109-1 - Professional Services
BACKGROUND:
System Safety International has provided a comprehensive safety program for the
operations staff of the City. The program, which helped reduce on-the-job accidents,
has saved the City money from workplace claims and has provided our employees with
a safe workplace.
For the past two years, System Safety International spent a great deal of time with the
development of a comprehensive program, including training the employees. With the
program in place, efforts to maintain safety standards are naturally reduced. Therefore,
Staff reduced the scope of work to training. The contract is reduced from a level of
$28,850 last year to $18,000 this year. The main focus will be the training and safety
compliance of our employees.
Based on the success of the safety program, Staff recommends renewal of the attached
contract for safety services to System Safety International in the amount of $18,000.
The City attorney has reviewed and approved this contract. Staff recommends approval.
MS/ms
January 30, 2002 (2:29PM)
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THE STATE OF TEXAS Date:
CONTRACT
COUNTY OF TARRANT
THIS CONTRACT is made and entered into by and between the CITY OF
GRAPEVINE, a Texas municipal corporation, hereinafter referred to as "City", and
System Safety International, a Texas professional consulting company, whose local
address is PO Box 1641, Grapevine, Texas 76099 hereinafter referred to as "System
Safety". The terms of this Contract shall be administered on behalf of the City by its
Director of Public Works or his designated representative, hereinafter referred to as
"Director". The decision of the City Council in all disputes shall be final and binding.
WITNESSETH:
The City hereby contracts for the services of System Safety to prepare and administer a
safety program for the City of Grapevine, Tarrant County, Texas in accordance with the
terms of this contract.
SAFETY PROGRAM DEVELOPMNENT
In accordance with generally accepted guidelines established by the City of Grapevine
Department of Public Works, System Safety agrees to perform, or have performed, the
work necessary to maintain a comprehensive understanding of the safety needs of the
Public Works and Parks and Recreation Departments of the City of Grapevine and
develop as deliverable follows:
• Review and revise Organizational Safety Manual for the Public Works Department and
the Parks and Recreation Department to include:
1. Written policies and procedures for eliminating and mitigating hazards
in the workplace.
II
SAFETY PROGRAM RECORDKEEPING COMPONENT
System Safety International shall establish a Central Safety File System at a location
designated by the Director. Other requirements under this component include:
• Maintain the Safety Program Recordkeeping System.
• Monitor reporting to the Safety File recordkeeping system at each Division
Safety Training requirements are as follows:
Conduct Quarterly supervisor training session to provide expertise for toolbox
training sessions held by supervisor (held monthly by supervisor)
Conduct monthly general safety training session on topic relevant to attendees.
(30-45 minutes)
IV
SAFETY INSPECTION
System Safety will conduct quarterly safety inspections of operations in each of the
Divisions (9) designated by the Director.
Inspection reports will be prepared following each inspection which will describe safety
deficiencies observed with recommendations for corrective action. A copy of the
inspection report will be forwarded to designated managers and a copy will be placed in
the appropriate file.
It"
TIME OF CONTRACT
System Safety agrees to complete and submit all work required by City under items I
through VII based on the following schedule:
• Review and revision of the Safety Program 60 days
• Safety Program Record keeping On-going
• Safety Education Training Monthly
• Safety InSDection Quarterly
The contract is for a period of (1) year and is renewable upon agreement of all parties.
The TOTAL SAFETY CONSULTING FEE shall be the sum of the BASIC SAFETY
CONSULTIN SERVICES FEE PLUS REIMBURSABLE, (Printing, handbooks or
specialized training requiring certification) THE TOTAL SAFETY CONSULTING FEE
for this Contract shall not exceed Eighteen thousand dollars. ($18,000.00).
Vil
OWNERSHIP OF DOCUMENTS
Upon acceptance and approval by City of Grapevine: Manuals, record copies of safety
inspections, field notes, and any other related documents or items shall become the
sole property of the City of Grapevine and shall be delivered to City, without restriction
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on future use. System Safety may make copies of any and all manuals, notes, etc. and
related documents for his files.
VIII
SYSTEM SAFETYS LIABILITY
System Safety agrees to defend, indemnify and hold City, its officers, agents and
employees, harmless against any and all claims, lawsuits, judgments, costs and
expenses including attorney's fees and collection costs for personal injury (including
death, property damage or other harm for which recovery of damages is sought that
may arise out of or be occasioned by the intentional or negligent breach of any of the
terms or provisions of this Contract by System Safety, its officers, agents, associates,
employees or subconsultants, or by any other negligent act or omission of System
Safety, its officers, agents, associates, employees or subconsultants, in the
performance of this Contract; except that the indemnity provided for in this paragraph
shall not apply to any liability resulting from the sole negligence of City, its officers,
agents, employees or separate contractors, and in the event of joint and concurrent
negligence of both the System Safety and City, responsibility, if any, shall be
apportioned comparatively in accordance with the laws of the State of Texas, without,
however, waiving any governmental immunity available to the City under Texas law and
without waiving any defenses of the parties under Texas law. The provisions of this
paragraph are solely for the benefit of the parties hereto and not intended to create or
grant any rights, contractual or otherwise, to any other person or entity.
IX
CONTRACT TERMINATION
In connection with the work outlined in this Contract, it is agreed that the Director may
cancel or indefinitely suspend further work by written notice to System Safety with the
understanding that immediately upon receipt of said notice all work and labor being
performed under this contract shall cease immediately. Before the end of a thirty (30)
day period following such notice, System Safety shall invoice the City for all work
completed and shall be compensated in accordance with the terms of this Contract for
all work accomplished by Safety Consultant prior to the receipt of said notice, and
approved by Director. No payment shall be made by City to System Safety for lost or
anticipated profits. All plans, field surveys, maps, cross sections and other data related
to the project shall become the property of City upon termination of this Contract.
Nothing herein shall deprive City of its right to terminate this Contract for breach of
same by System Safety and City retains its right to any and all remedies it may have, at
law or at equity, to strictly enforce the terms of this Contract, included, but not limited to,
its right to seek specific performance of the terms hereof. In case of any default by
System Safety, City shall notify System Safety in writing of same. If System Safety
does not remedy the default within ten (10) days of said notice, City may terminate this
Contract for cause and/or pursue any legal remedy it may have against System Safety.
3
I
This Contract is entered into subject to the Charter and Ordinances of the City of
Grapevine, as amended and applicable Federal and Texas State laws. The provisions
of this Contract shall be construed in accordance with the laws and court decisions of
Tarrant County and the State of Texas; and exclusive venue for any litigation which may
be filed by either party hereto in connection with this Contract shall be in Tarrant
County, Texas.
X1
ASSIGNMENT
This Contract shall be deemed personal to System Safety and in no event shall be
sublet or assigned without written approval of City.
System Safety agrees that City may review any and all work performed by System
Safety on this project. The relationship of System Safety to City is that of Independent
Contractor.
Xill
NONDISCRIMINATION
As a condition of this Contract, System Safety covenants that he will take all necessary
actions to insure that, in connection with any work under this Contract, System Safety,
his associates and subcontractors, will not discriminate in the treatment or employment
of any individual or groups on the grounds of race, color, religion, national origin, age,
sex, or handicap unrelated to job performance, either directly, indirectly, or through
contractual or other arrangements. In this regard, System Safety shall keep, retain and
safeguard all records relating to this Contract or work performed hereunder for a
minimum period of three (3) years from final Contract completion, with full access
allowed to authorized representatives of the City, upon request, for purposes of
evaluating compliance with this and other provisions of the Contract.
X1V
FINANCIAL INTEREST PROHIBITED
System Safety covenants and represents that System Safety, its officers, employees,
agents, consultants and subcontractors will have no financial interest, direct or indirect,
in the purchase or sale of any product, materials or equipment that will be
recommended or required for the construction of the project.
XV
RIGHT OF AUDIT
The System Safety shall maintain, and the City shall have the right to examine books,
records, documents, and other evidence and accounting procedures and practices,
sufficient to reflect properly all direct and indirect costs of whatever nature claimed to
have been incurred and anticipated to be incurred in the performance of this Contract.
Such right of examination shall include inspection at all reasonable times of the System
Safety's offices or facilities, or such parts thereof, as may be engaged in the
performance of this Contract.
XVI
NOTICES
All written notices and correspondence given to City by System Safety shall be mailed
or delivered to the City of Grapevine, Director of Public Works, P.O. Box 95104,
Grapevine, Texas 76099. All written notices and correspondence from City to System
Safety shall be mailed or delivered to the System Safety as follows:
System Safety International
P.O. Box 1641
Grapevine, Texas 76099
EXECUTED this the day of 2002, the CITY OF GRAPEVINE
signing by and through the City Manager,
adopted by City Council on and
signing by and through its
has caused this instrument to be executed by its duly
authorized officials.
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CITY OF GRAPEVINE System Safety Intemational
City Manager
Roger Nelson
APPROVED BY CITY COUNCIL ON
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