4.2 M1
4.2
SERVICESTFIS Risk Management—Safety Services—9-27-2021
RESOLUTION AUTHORIZING ENGAGEMENT OF EHS RISK
MANAGEMENT FOR SAFETY CONSULTING SERVICES
RESOLUTION NO.: ,2021
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the Queensbury Town Board wishes to engage the professional safety
consulting services of EHS Risk Management to support the development and implementation of
the Town of Queensbury's Safety Program as delineated in EHS Risk Management's August 11,
2021 proposal presented at this meeting,
NOW, THEREFORE,BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement
of EHS Risk Management to support the development and implementation of the Town of
Queensbury's Safety Program as delineated in EHS Risk Management's August 11, 2021 proposal
substantially in the form presented at this meeting, such engagement at this time only to include the
"Task 1 —Initial Safety Assessment"services for the amount of$6,000, and
BE IT FURTHER,
RESOLVED, that such services shall be paid for from Account No.: 00 1-1430-4446, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to
take all actions necessary to amend the Town Budget and effectuate the transfer of$6,000 from
Misc. Contractual Account No.: 001-1990-4400 to Account No.: 001-143 0-4446, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the TownSupervisor to
execute any 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 271h day of September,2021, by the following vote:
AYES
NOES
ABSENT:
" S ! Risk
14arlagement
August 11,2021
4
Ms. Barbara H.Tierney
Budget Officer
Town of Queensbury
742 Bay Road
Queensbury, NY 12804
RE: Safety Services (2021)
Town of Queensbury—Queensbury, NY
Proposal No. 2021-08-11_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 EHS-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
The following proposal provides the scope of work, project team,schedule,cost,and business terms.
SCOPE OF WORK
Task 1—Initial Safety Assessment
• EHS-RM will provide the services of an experienced safety professional(CIH and/or CSP)to conduct an
initial safety assessment of the facility/operations.
• The intent of the assessment will be to understand safety regulatory applicability at the facility/operations
and overall safety compliance status and business safety risk.
• It is anticipated the assessment will be conducted during a one(1)day visit to the facility. The visit will
include a facility walk around, inspection and review of existing safety programs,safety training records,
accident and injury records and overall safety documentation. During the visit,the facility will need to
provide someone familiar with operations and the safety programs in place at the facility.
• EHS-RM will provide a table of regulatory findings from the assessment for use in the Task 2 EHS Portal
Design and for the ongoing tracking of any safety compliance issues through completion.
Task 2—Design,Setup and Implement the EHS Portal
• Based on the result of the initial safety assessment, EHS-RM will utilize existing safety programs and safety y
programs developed by EHS-RM to customize our cloud-based,document management process called the
EHS Portal.
• It is anticipated that EHS-RM will utilize their internal safety program templates for the development of
most of the OSHA-required safety programs.
120 Defreest Drive,Troy,NY 12180 1518.281.3399
jimt@ehs-riskmanagement.com I www.ehs-riskmanagement.com
August 11,2021
Queensbury—Safety Services(2021)
Proposal No.2021-08-11_01
• EHS-RM will work with the facility to:
o Obtain electronic copies of applicable safety documents, if not already available to EHS-RM.
o Define specific safety roles and responsibilities for personnel.
o Determine safety activities and target dates for their completion.
• All programs on the EHS Portal will be uploaded by an EHS-RM technology expert and reviewed by an
experienced safety professional.
• The EHS Portal typically will include the following information for access:
o Written Safety Program(s)
o OSHA Logs
o EHS Activities Calendar
o EHS Audits and Inspections
o EHS Forms and Records
o EHS Training Resources and Records
• EHS-RM will utilize the"Confluence"software platform by"Atlassian" (https://www.atlassian.com/),
which is customizable software for service. EHS-RM will secure a license directly with the software
provider and initially maintain up to two(2) users for the system.
• For the roll out of the EHS Portal, EHS-RM will meet with facility representatives to present the EHS Portal
and discuss any modifications to the process, including the intended use and additional design or
functionality. EHS-RM will train facility representatives on the use,function,and operation of the EHS
Portal.
Task 3—Ongoing;Safety Program Management Services (EHS Risk Manager)
EHS-RM will provide the following services:
• Communicate(e-mail) monthly on the safety task status and monthly safety topic(hand out).
• Develop and implement a training program that is customized for the Town of Queensbury's safety
program.
• Conduct a site visit to the facility every quarter to:
o Participate in a facility wide safety inspection.
o Provide or assist in safety training,as needed. Note: Anticipate 1 to 2 hours training class per visit or 4
to 8 hours during one visit per year.
o Follow up on safety program status, review of documentation, etc.
• 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 of the Safety Program.
• Act as a technical safety resource for the company and keep the company posted on new or applicable
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 facility will designate a safety coordinator on site to work with EHS-RM on the
implementation of the Safety Program and day-to-day implementation at the facility. Other safety services,
such as industrial hygiene,exposure monitoring and safety training can also be provided by EHS-RM,as
needed and requested.
EHS Risk Management,LLC
Page 12
August 11,2021
Queensbury—Safety Services(2021)
Proposal No.2021-08-11_01
a
PROJECT TEAM
Mr.Jim Testo, CIH,CSP,will be.the Client Manager for the project. It is anticipated that Mr.Jason Woodruff,
CIH, CSP (Senior Consultant), Mr.Stephen Valentine,CIH (Senior Consultant), Mr. Dan Ireland (Chief
Technology Officer) and Mr. Austin Metcalfe 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. It is
anticipated that Task 1 and Task 2 will be completed within four(4)to eight(8)weeks of authorization,and
Task 3 will be ongoing and anticipated to start in October 2021. The schedule will be coordinated between
EHS-RM and the facility.
PROJECT COSTING
EHS-RM will complete this project on a Lump Sum Basis for:
Task 1—Initial EHS Assessment $6,000.00
(August 2021)
Task 2—Design,Setup and Implement the EHS Portal To Be Determined
Estimated$7K to$15K
(August/September 2021)
Task 3—Ongoing EHS Program Management Services To Be Determined
Estimated$4K to$7K/Quarter
(Starting October 2021)
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.
EHS Risk Management,LLC
Page 13
August 11,2021
Queensbury—Safety Services(2021)
Proposal No.2021-08-11_01
Respectfully,
nn
A-6 0
• -
U
Stephen Valentine,CIH James M Testo CIH, CSP
Vice President President
EHS Risk Management,LLC
Page 14
• August 11,2021
Queensbury—Safety Services(2021)
Proposal No.2021-08-11_01
General Terms and Conditions
1. Unforeseen Conditions/Occurrences 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(requiring a 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 entity not a party to
2.Payment Terms Invoices will be submitted on a monthly basis any agreement between EHS-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 balances outstanding over 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 under state law.EHS-RM reserves the right to suspend respective employees, officers and agents; provided that such
service,with 7 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 client's 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 law 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-RM for any and all loss,
4.Insurance 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 any
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 time of service.
to the client under any agreement
b. Except for the express promise set forth in subparagraph (a)
S.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 EHS-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 FOR A PARTICULAR PURPOSE ARE HEREBY WAIVED BY
negligence or willful misconduct of 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 client'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 Risk Management,LLC
Page 15
7
shutdown or inability to utilize or complete work at the site of the 10. Subpoena/Depositions if EHS-RM personnel are called or
Project;or any other incidental,special,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 11.Severability 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 whole or in
including client's 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 (i)$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. Priority and 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 statementof 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 EHS-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's proposal or these General Terms and Conditions may be
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 against EHS-RM's liability shall survive the completion
of the Project or the expiration,cancellation,or termination of any
agreement between EHS-RM and client,and such provisions shall
apply the full extent permitted by law.
7.Hazardous 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 risk,
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 liability 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-RM.
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 client's name and
general description of the Project as a reference for marketing to
other prospective clients.
EHS Risk Management,LLC
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EHS Risk Management, LLC
AUTHORIZATION TO PROCEED
PROPOSAL NO. 2021-08-11 01
QUEENSBURY
SAFETY SERVICES (2021)
The above-referenced proposal as described is agreed to and accepted by:
Signature Date
Printed Name Title
EHS Risk Management,LLC
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