The URL can be used to link to this page

Home My WebLink About12/13/2017 - STAFF REPORTS - 1.D. PALM Sp4 a u � f NCO*roeiF°'94 ; °441FOIL % CITY COUNCIL STAFF REPORT DATE: December 13, 2017 Consent SUBJECT: APPROVE AMENDMENT NO. 7 TO CONSULTING SERVICES AGREEMENT FOR LOSS CONTROL AND REGULATORY SERVICES WITH KEENAN & ASSOCIATES FROM: David H. Ready, City Manager BY: Department of Human Resources SUMMARY: The City entered into a consulting services agreement in 2009 to establish regulatory compliance for safety programs as required under OSHA and other entities. This agreement has provided the City with on-site assistance in the implementation, coordination, and oversight of the OSHA required safety programs and training. RECOMMENDATION: 1. Approve Amendment No. 7 to consulting services agreement for Loss Control and Regulatory Services with Keenan & Associates, in the amount of$65,000. 2. Authorize The City 9 necessary Manager to execute all documents. rY STAFF ANALYSIS: The City entered into a consulting services agreement for Loss Control and Regulatory Compliance Services with Keenan & Associates to establish, update, and maintain mandated safety compliance programs and training. The work in this agreement culminated with the revision and adoption of the City of Palm Springs' Injury and Illness Prevention Program (IIPP) and other required safety compliance programs in 2011. The Cityidentified there was a need to provide essential staff support in the P PP maintenance of the IIPP and develop and maintain related safety compliance programs. I support. This amendment specifies Keenan & Associates has provided this additions su p PP p this valuable work will continue to be performed and supported, by providing the continued on-site assistance to maintain and update the IIPP and other mandated compliance programs; as well as assisting in the coordination and compliance of safety reporting, on-site inspections, and hazards analysis; assisting with program compliance ITEM NO. �-'1/ City Council Staff Report December 13, 2017- Page 2 Amendment No. 7 for Loss Control and Regulatory Compliance Services training; and maintaining safety rules and policies of the City and the provisions of the IIPP for OSHA compliance. During the FY 2016-2017 the services under the agreement included providing on-site specialized loss control services in the maintenance of the City's IIPP and safety training programs; new hire safety orientations; hazardous materials observation, and maintenance and access to hazardous materials inventory online management tool; and in-house job specific OSHA training. This essential agreement for the FY 2017-2018 places special focus on on-site compliance trainings, safety training program maintenance, training programs materials, training records, on-site inspections, hazard analysis maintenance and records, safety hazards, and further compliance assessments. Keenan & Associates will continue to provide on-site representative schedules and status reports to document the time and services provided. The services under this agreement have been under review and discussion for enhancement to include additional services. However, it has been decided to maintain current service levels, which Keenan and Associates have provided. The City will continue to evaluate the need for additional services and will develop a comprehensive scope of work for the next renewal period and consider Request for Proposals, if warranted. The agreement will continue to maintain, enhance, and ensure requirements of compliance under the safety programs, as well as promoting safety in the work place will continue. FISCAL IMPACT: This cost for the loss control and compliance services pursuant to this agreement, not to exceed $65,000 is currently budgeted in the FY 2017-2018. Perry Ma i on David H. Ready, Esq.,115.1b. Director cf Human Resources City Manager Attachments: Amendment 7 02 AMENDMENT NO. 7 TO CONSULTING SERVICES AGREEMENT Loss Control and Regulatory Compliance Services, Keenan&Associates (Agreement No. 5862) THIS SEVENTH AMENDMENT to the Consulting Services Agreement No. 5862 for Loss Control and Regulatory Compliance Services is made and entered into to be effective on the Pt day of July 2017 by and between the City of Palm Springs, a California charter city and municipal corporation (hereinafter referred to as the City) and Keenan & Associates, a California corporation (hereinafter referred to as Consultant) collectively,the"Parties". RECITALS A. City and Consultant previously entered into a consulting services agreement for Loss Control and Regulatory Compliance Services, which was made and entered into on July 1, 2009 (the "Agreement'. The Agreement was continued thru June 30,2017, B. Section 3.3 of the Agreement provides that the Agreement may be amended at any time with the mutual written consent of the Parties for Additional Services. C. City and Consultant desire to amend the Agreement to authorize Consultant to continue to perform on-site Loss Control services in amount not-to-exceed $65,000 for the period July 1, 2017 thru June 30,2018. AGREEMENT 1. Amendment to Section 3.1. Exhibit "A" of the Agreement entitled "Compensation of Consultant": Exhibit"A" of the Agreement concerning,total compensation,is hereby amended to read as follows: "Compensation of Consultant": For the services rendered pursuant to this Agreement under Amendment No. 7, Consultant shall be compensated and reimbursed $65,000 for on-site Loss Control services for the period of July 1,2017 thru June 30,2018. 2. Amendment to Section 10 Exhibit "A" of the Agreement, entitled "Schedule of Performance": Exhibit"A" of the Agreement is hereby amended to include the following additional provisions: Effective July 1, 2017 through June 30, 2018, Keenan & Associates shall provide on-site Loss Control services of 32 hours per month of specialized loss control services which will include, but is not limited to: live compliance trainings, maintenance, update and access to Keenan SafePersonnel training program, technical oversight assistance, on-site inspections and hazard analysis, and further compliance program evaluation. In addition, Keenan & Associates shall provide continued Hazard Compliance Program oversight; updated and overview of all compliance plans;update training records and reports in compliance with the Injury and Illness Prevention Programs (IIPP) through SafePersonnel; develop and implementation of monthly training materials for tailgates and related IIPP requirements. Keenan&Associates will provide the City with regular monthly service reports to document both the services and time provided under the Agreement. 03 3. Amendment to Section 10.2 Exhibit "A" of the Agreement. entitled "Covenant Against Discrimination": Exhibit"A" of the Agreement is hereby amended to read as follows: Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of Persons on account of race, color, creed, religion, sex, marital status, disability, sexual orientation, gender identity, gender expression, national origin, physical or mental disability, medical condition, or ancestry. Consultant shall otherwise fully comply with the provisions of Palm Springs Municipal Code Section 7.09.040 relating to non-discrimination in city contracting 4. Full Force and Effect. This modifying Amendment is supplemental to the Agreement and is by reference made part of said Agreement. All of the terms, conditions, and provisions, thereof,unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment and any provisions of the Agreement, the provisions of this Amendment shall in all respects govern and control. 5. Corporate Authority. The persons executing this Amendment on behalf of the Parties hereto warrant that (1) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. 3. Amendment to Section 10.2 Exhibit "A" of the Agreement entitled"Covenant Against Discrimination": Exhibit`.A"of the Agreement is hereby amended to include the following additional provisions: Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, color, creed, religion, sex, marital status, disability, sexual orientation, gender identity, gender expression, national origin, physical or mental disability, medical condition, or ancestry. Consultant shall otherwise fully comply with the provisions of Palm Springs Municipal Code Section 7.09.040 relating to non-discrimination in city contracting IN WITNESS WEHREOF, the parties have executed this Amendment as of the dates stated below. ATTEST: "CITY" CITY OF PALM SPRINGS, CA. By By Anthony Mejia, City Clerk David H. Ready,City Manager Date: Date: 04 APPROVED AS TO FORM: By Edward Kotkin, City Attorney Date: "CONSULTANT" Keenan&Associates Date: By John Stephens,Sr. Vice President 05