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4.19 4.19 SERVICESTHS Risk Management—Safety Consulting-4-15-2024 RESOLUTION AUTHORIZING ENGAGEMENT OF EHS RISK MANAGEMENT FOR SAFETY CONSULTING SERVICES RESOLUTION NO.: ,2024 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, the Queensbury Town Board previously authorized engagement of EHS Risk Management (EHS) for provision of professional safety consulting services to support the Town's Safety Program, and WHEREAS, the Town Board wishes to further engage EHS for ongoing monthly safety consulting services for 2024 - 2027 to support the Town's Safety Program as set forth in EHS's April 10, 2024 Proposal No 2024-04-10_01 on a lump sum basis for the amount(s) of- Safety Program Management Services (1) - $7,000.00/quarter Additional Safety Consulting Services (1) - $12,000.00/quarter (1) Costs are for year 1 from June 2024—May 2025—Costs will increase by 5%for 2025/2026 and 2026/2027. EHS Mobile App Customization/On-Going App Access - TBD (Approximately$3,000.00/quarter to maintain) NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of EHS Risk Management for ongoing monthly safety consulting services for 2024—2027 to support the Town's Safety Program as set forth in EHS's April 10, 2024 Proposal No 2024-04-10_01 substantially in the form presented at this meeting on a lump sum basis for the amount(s) o£ Safety Program Management Services (1) - $7,000.00/quarter Additional Safety Consulting Services (1) - $12,000.00/quarter (1) Costs are for year 1 from June 2024—May 2025—Costs will increase by 5%for 2025/2026 and 2026/2027. EHS Mobile App Customization/On-Going App Access - TBD (Approximately$3,000.00/quarter to maintain) and BE IT FURTHER, RESOLVED,that such services shall be paid for from Account No.: 001-1430-4446,and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to take all actions necessary to effectuate payment including amendment of the Town Budget if needed, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Authorization to Proceed/Proposal No. 2024-04-10_01 and any other needed documentation and the Town Supervisor and/or Town Budget Officer to take all actions necessary to effectuate the terms of this Resolution. Duly adopted this 15t'day of April, 2024,by the following vote: AYES NOES ABSENT: Risk EHS1 Management April 10, 2024 Ms. Barbara H. Tierney Budget Officer Town of Queensbury 742 Bay Road Queensbury, NY 12804 RE: Safety Services (2024 —2027) Town of Queensbury — Queensbury, NY Proposal No. 2024-04-10_01 Dear Barbara: EHS Risk Management, LLC (EHS-RM ) is pleased to provide the Town of Queensbury (Queensbury) with this proposal for safety consulting services_ Our scope Is to implement ENS-RM's management services EHS Risk Manager) and our web-based technology process (,EHS Portal) to support the development and implementation of the Town of Queensbury's Safety Program. EHS-RM has been providing these services to the Town of Queensbury since 2021. The following ,proposal provides the scope of work, project team, schedule, cost, and business terms. SCOPE OF WORK Safety Program Management Services (EHS Risk Manager/EHS Portal) EHS-RM will provide the following services: * Communicate (e-mail) monthly on the safety task status and monthly safety topic (hand out). * Implement a safety training program that is customized for the Town of Queensbury's safety program. o Safety train€ng materials in PowerPoint have been developed for appropriate safety topics. o A safety training process is in place for the implementation of safety training by Town of Queensbury personnel. o Note: It is intended that training will be provided by Town of Queensbury ,personnel, as they have in the post using the training materials developed by ENS-RN1. * Track the safety implementation plan that defines the specific tasks, who will perform them and schedule. Participate in accident investigations, as needed, and assist with the management of OSHA 300 and 300A injury/illness forms. • Conduct an annual review, and update, of the Safety Program_ * Act as a technical safety resource for the town and keep the town posted on new or applicable safety regulations (phone, e-mail, etc.). • Maintain and update the EHS Portal, including ongoing access as specified by the software service provider. It is anticipated that the town will continue to designate a safety coordinator (Greg France) to work with EHS- RM on the implementation of the Safety Program and day-to-day implementation at the facility. 120 Defreest Drive, Troy, NY 12180 1518.281.3399 jimtCbehs-riskmanagement.com I www.ehs-r€skmanagement.com April 10, 2024 Queansbury — Safety Services (2024 — 2027) Proposal No. 2024-04-10_O1 Additional Safety Consulting Services EHS-RM will continue to provide the following ongoing consulting services: • Work with the staff at Queensbury, such as John Strough, Greg France, Victoria LaMarque, Maura Mellon and department heads, on the implementation of the safety program. Provide applicable services, as time permits, contained in the safety officer job description, such as support to the safety committee, safety program facilitation and implementation, safety training implementation, accident investigations, etc. * Conduct additional services, such as the development of job safety analysis (JSAs), lockout/tagout procedures and confined space permits/evaluations. V Conduct five (5) days per month (40 hours) in this support role between on site at Queensbury and remotely in our office. * !Vote: Queensbury will provide EHS-RM with a location to work on the days we are on site. EH5 Mobile App Development and implementation EHS-RM will configure a customized Town of Queensbury's employee Safety Mobile App to meet to support employee ready access to the safety program: Provide a mobile platform for accessing core safety management system requirements by supervisors and employees, wherever they may be and whenever they need it. Enable employees with operating instructions and procedures to ensure that they can perform their job duties safely. Core safety programs available in the application include Emergency Procedures, Lockout/Tagout, PPE, HAZCOM/SDSs, and more. * Support emergency response activities by providing quick access to procedures, points of contact, and access/egress maps. Enhance employee training through the publication of existing training programs and monthly safety topics for on-demand learning. • Digitize key forms, such as equipment-specific Lockout/Tagout procedures. If interested, EHS-RM can provide a demonstration of the safety mobile App. PROJECT TEAM Mr. Jim Testo, CIH, CSP, will be the Client Manager for the project. it is anticipated that Ms. Madeline Adams, CSP (Senior Consultant), Mr. Stephen Valentine, CIH (Senior Consultant) and Mr. Dan Ireland (Chief Technology Officer) will work on the project with other safety staff as needed. PROJECT SCHEDULE EHS-RM is prepared to begin the project scope of work upon written receipt of authorization to proceed. The project schedule will be ongoing from June 2024 to May 2027. The schedule will be coordinated between EHS-RM and the town. CHS Risk Management, U.0 Page 1 2 April 10, 2024 Queensbury — Safety Services (2024 — 2027) Proposal No. 2024-04-10 01 PROJECT COSTING EHS-RM will complete this project on a Lump Sum Basis for: Safety Program Management Services 700OO.00/quarter Additional Safety Consulting Services 1 $12,000.00/quarter 1 Costs are for year 1 from June 2024 — May 2025. Costs will increase by 5% for 2025/2026 and 2026/2027. EHS Mobile App Customization/On-Going App Access TBD (Approximately $3,000.00/quarter to maintain) Costs are inclusive of all labor and project-related expenses. EHS-RM will complete this project per the proposed scope of work and cost. if additional consulting services are requested, a scope and cost will be provided and will not be invoiced without prior approval. BUSINESS TERMS EHS-RM's General Terms and Conditions apply to this proposal and any subsequent contracts (see attached copy). If this proposal is acceptable to you, please authorize EHS-RM to proceed with the work described by signing and returning one copy of the Authorization page. EHS-RM is prepared to begin the project immediately following written authorization to proceed. This proposal is for the intended use between EHS-RM and Queensbury and any other use is prohibited CONCLUSION EHS-RM appreciates the opportunity to present Queensbury with this proposal to provide safety consulting services. if you have any questions regarding the proposal or pricing, please contact Jim at (518) 281-3399. Thank you again for your time and interest. Respectfully, )& AP D Wv4y'�C)U'u 6) � e::�� Stephen Valentine, C1H James M Testo CIH, CSP* Vice President President (* CIH from 1987-2022) EHS Risk Management, LLG Page 13 April 10, 2024 Queen sbury — Safety Services (2024 — 2027) Proposal No. 2024-04-10_01 General Terms and Conditions 1. Unforeseen Conditions/O"utrencesi Cost and schedule Liability which EHS-RM is required to secure pursuant to commitments contained in EHS-RM Risk Management, LLC (EHS- Paragraph 4 hereof; and provided further that EHS-RM 's RM) proposal shall be subject to renegotiation for unreasonable obligation hereunder shall not extend to indemnification or delays caused by the clients failure to provide specified facilities holding harmless of a party indemnified hereunder for any claims or information or for delays caused by unpredictable occurrences of loss of profits or any other indirect, special, incidental or such as fires, floods, strikes, riots, unavailability of labor or consequential damages of any nature whatsoever. materials or services, process shutdown, acts of God or of the public enemy, or acts of regulations of any governmental agency. b. Client shall indemnify and hold harmless EHS-RM and its Work stoppage or interruption caused by any of the above may directors, officers, employees, and agents from and against all result in additional cost (requINnga change in scope) beyond that liability, claims, suits, losses, damages, costs and demands, Identified in EHS-RM 's proposal for performance of the Project, including reasonable legal expenses and attorney's fees connected entitling EHS-RM to an adjustment to the cost and schedule. therewith, on account of personal injury, including death, or property damage, sustained by any person or endty not a party to 2. Payment Terms Invoices will be submitted on a monthly basis any agreement between ENS-RM and client and arising out of or unless otherwise stated in the EHS-RM proposal. All invoices are connected with the performance of such agreement to the extent due upon receipt All unpaid b alances outsta adi ng ove r thirty days such Injury, death or damage is caused by the sole or contributory will incur an interest charge of 1.5% per month or the maximum negligence or willful misconduct of client or Its contractors or their permissible understate law. EHS-RM reserves the right to suspend respective employees, officers and agents; provided that such service, with 9 days advance written notice, until all outstanding injury, death or damage is not occasioned by the sole negligence of invoices are satisfied. In the event that EHS-RM is required to EHS-RM or its subcontractors or their respective employees, pursue payment through retainment of counsel or a collection officers and agents; and provided further that clients obligation service, reasonable costs of collection will be incurred by and be hereunder shall not extend to indemnification or holding harmless the responsibility of the client of a party indemnified hereunder for any claims of loss of profits 3. Termination Any agreement may be terminated in whole or in or any other indirect special, incidental or consequential damages part in writing by either party in the event of substantial or of any nature whatsoever. material failure by the other party to fulfill Its obligations under c. Client acknowledges that EHS-RM has neither created nor such agreement through no fault of the terminating party, contributed to the creation or existence of any type of hazardous provided that no such termination shall be effective unless the or toxic waste, material, chemical, compound, or substance, or any other party Is given (1) not less than ten calendar days written other type of environmental hazard, contamination, or pollution, notice of Intent to terminate and (2) an opportunity for whether latent or patent or the release thereof or the violation of consultation with the terminating party prior to the effective date any Iaw or regulation relating thereto, at the site of the Project or of such termination_ A final invoice will be calculated on the first or in connection with the performance of the Project and it is fifteenth of the month (whichever comes first) following the understood that EHS-RM shall have no liability for any such effective date of termination. condition, and client shall indemnify EHS-PM for anyand all loss, 4_ Insura= EHS-RM shall maintain policies of insurance for the cost or damage actually sustained and incurred by EHS-RM in following types of coverage, each (with the exception of Workers connection therewith Compensation) with a limit of liability of $1,000,000.00 combined single limit and $2,000,000 aggregate. Workers Compensation d. The provisions of Paragraph 5 shall survive the completion of (statutory) and Employer's Liability, Comprehensive General the Project or the expiration, cancellation or termination of arty Liability; and Comprehensive Automotive Liability. EHS-RM will agreement between EHS-RM and client also maintain Professional Liability coverage of $1,000,000.00 single limit and $1,000,000.00 aggregate. 6. Standard of Care a. EHS-RM will perform its services using that degree of care and EHS-RM shall, at the client's request provide the client with a skill ordinarily exercised under similar conditions by reputable certificate of insurance or other satisfactory evidence that such members of the environmental health and safety consulting Insurance has been obtained and that such policies are maintained profession performing the kind of services and practicing in the in force throughout the period in which EHS-RM provides services same or similar locality at the drne of service. to the client under any agreement b. Except for the express promise set forth in subparagraph (a) 5. Indemnification above, regarding EHS-RM 's standard of care, EHS-RM neither a. EHS-RM shall indemnify and hold harmless the client and its makes, nor offers, nor shall EHS-RM be liable to client for any directors, officers, employees, and agents from and against all express or implied warranties with respect to the performance of liability, claims, suits, losses, damages, costs and demands, EHS-RM 's services. Estimates of cost approvals, Including reasonable legal expenses and attorney's fees connected recommendations, opinions, and decisions are made on the basis therewith, on account of personal injury, including death, or of ENS-RM's experience, qualifications, and professional judgment property damage, sustained by any person or entity not a party to and are not guaranteed. EHS-RM shall not be regarded as a any agreement between EHS-RM and client and arising out of or guarantor with respect to any work product provided to client connected with the performance of such agreement, to the extent THE IMPLIED WARRANTIES OF MERCHANTABILITY AND such injury, death or damage Is caused by the sole or contributory FITNESS FORA PARTICULAR PURPOSE ARE HEREBY WAIVED BY negligence or willful misconductof EHS-RM or Its subcontractors CLIENT_ or their respective employees, officers and agents; provided that such injury, death or damage is not occasioned by the sole c. In no event shall EHS-RM and EHS-RM 's officers„ directors, negligence of client or its contractors or their respective employees, agents, independent professional consultants and employees, officers and agents; and provided further, that EHS-RM contractors be Liable to client and/or anyone claiming by, through 's liability under this Indemnity provision shall be limited to and or under client including spent s Insurers, for any lost delayed, or not exceed the insurance coverage's and associated limits of diminished profits, revenues, or opportunities; losses by reason of EHS R1 sk Management, LLC Page 14 shutdown or inability to utilize or complete work at the site of the 10. Sub,poenaJDpyasitions If EHS-RM personnel are called or Project, or any other incidental, specia4 indirect, or consequential subpoenaed for depositions, examination, or court appearances In damages of any kind or nature whatsoever resulting from EHS-RM any dispute arising out of the Project EHS-RM shall be reimbursed 's performance or failure to perform services pursuant to any on a time and material basis in accordance with this agreement for agreement such matters, including all out-of-pocket costs Incurred in connection with such matters. d. EHS-RM and EHS-RM 's officers, directors, employees, agents and independent professionals and contractors shall not be liable I1. Severabilits If any of these General Terms and Conditions shall to client and/or anyone claiming by, through or under client, be finally determined to be invalid or unenforceable in wholeor in including cilenes insurers, nor shall EHS-RM be liable to part, the remaining provisions hereof shall remain in full force and indemnify client pursuant to Paragraph 5, hereof, in an amount effect and be binding upon the parties The parties agree to reform which exceeds either (1) $100.000.00 or the total compensation the contract between them to replace any such Invalid or value to EHS-RM of the Project, whichever amount is less, if the unenforceable provisions with a valid and enforceable provision claims of client or client's insurers against EHS-RM are not that comes as close as possible to the intention of the stricken covered by the insurance coverages and associated limits of provision. liability which EHS-RM is required to maintain pursuant to Paragraph 4 hereof , or (II) the amount of coverage afforded by 12. Ermnrlty anti Integration Once the client has signified its EHS-RM 's insurance coverage as described in Paragraph 4 hereof acceptance of EHS-RM 's proposal, the express terms of EHS-RM 's if the claims of client or client's Insurers against EHS-RM are proposal to client and these General Terms and Conditions shall covered by the insurances and associated limits of liability which constitute the complete and exclusive statement of the terms of the EHS-RM is required to maintain pursuant to Paragraph 4 hereof. agreement between the parties and are Intended as a final The client hereby forever releases ENS-RM and its officers, expression of the terms of such agreement and will supersede all principals, employees and agents from any liability for losses or prior and contemporaneous agreements, representations or damages sustained and incurred by the client in excess of such conditions, express or implied, oral or written- No provision of amount EHS-RM 'a proposal or these General Terms and Conditions maybe waived, altered, or modified in any manner, unless the same shall e. As used in this Paragraph 6, the term 'liable" or"liability' means be set forth in writing and signed by a duly authorized liability of any kind, whether in contract (including breach of representative of EHS-RM. Client may use its standard business warranty), in tort (including negligence, whether of EHS-RM or forms (such as purchase orders) to administer any agreement others), in strict liability, for indemnity, or otherwise, for any and between EHS-RM and client, but use of such forms shall be for all injuries, claims, losses, expenses or damages whatsoever convenience purposes only, and any typed provision In conflict arising out of or in any way related to EHS-RM 's services from any with the terms of EHS-RM 's proposal or these General Terms and cause or causes whatsoever, Including but not limited to the Conditions and all pre-printed terms and conditions contained in negligence, errors, omissions, strict liability or breach of contract or on such forms shall be deemed stricken and null and void. of EHS-RM and/or EHS-RM 's officers directors, employees, agents and independent professional consultants, or any of them. The provisions of this Paragraph 6 providing for limitations of and protections agai nst E HS-RM 's liability shall survive the completion of the Projector the expiration,cancellation, or termination of any agreement between EHS-RM and client and such provisions shall apply the full extent p e rmitted by law. 7, HazardQus Materials Client recognizes that when it is known, assumed or suspected that hazardous materials exist on or beneath the surface of the site of the Project or within any structure thereon, certain sampling materials should be handled as if hazardous or contaminated. Accordingly, when sampling is included in the scope of services and when determined by EHS-RM In its sole and exclusive judgment to be necessary based on EHS- RM 's assessment of the degree of contamination, hazard and rlsk, EHS-RM will promptly inform client that containerization and labeling will be performed; will appropriately contain and label such materials; and will leave the containers on site for proper, lawful storage, removal, transport and disposal by client. Client waives any claim against EHS-RM, and agrees to Indemnify, defend and hold EHS-RM harmless from any claim or I tab]lity for Injury or Loss which may arise as a result of the drill cuttings, drilling fluids or other assumedly hazardous materials being left on the site of the Project after their containerization by EHS-R.M, 8. Documents All correspondence, written reports and supporting documents provided under this agreement are for exclusive use and reliance by the client Client acknowledges that these documents will not be used or relied upon by entities other than the client and may not be used or relied upon In any prospectus or offering curriculum. 9. Promotion Client agrees that EHS-RM may use clienCs name and general description of the Project as a reference for marketing to other prospective clients. EHS Risk Management, LLC Page I s EHS Risk Management, LLC AUTHORIZATION TO PROCEED PROPOSAL NO. 2024-04-10 01 TOWN OF QUEENSBURY SAFETY SERVICES (2024 - 2027) The above-referenced proposal as described is agreed to and accepted by: Signature Date Printed Name Title EHS Risk Management, LLC Page 1 7