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Home My WebLink About8/3/2016 - STAFF REPORTS - 1.W. A. iy W Y N <.FoaN CITY COUNCIL STAFF REPORT DATE: August 3, 2016 Consent SUBJECT: APPROVE AMENDMENT NO. 6 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. 6 to consulting services agreement for Loss Control and Regulatory Services with Keenan & Associates, in the amount of$65,000. 2. Authorize The City Manager to execute all necessary documents. 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 City identified there was a need to provide essential staff support in the maintenance of the IIPP and develop and maintain related safety compliance programs. This amendment specifies this valuable work will continue to be performed and supported, by providing on-site assistance to maintain and update the IIPP and other mandated compliance programs; as well as assisting in the coordination and compliance of technical safety oversight, on-site inspections, and hazards analysis; ITEM NO. f? ALM Y N .c4`#F `P+ CITY COUNCIL STAFF REPORT DATE: August 3, 2016 Consent SUBJECT: APPROVE AMENDMENT NO. 6 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. 6 to consulting services agreement for Loss Control and Regulatory Services with Keenan & Associates, in the amount of$65,000. 2. Authorize The City Manager to execute all necessary documents. 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 City identified there was a need to provide essential staff support in the maintenance of the IIPP and develop and maintain related safety compliance programs. This amendment specifies this valuable work will continue to be performed and supported, by providing on-site assistance to maintain and update the IIPP and other mandated compliance programs; as well as assisting in the coordination and compliance of technical safety oversight, on-site inspections, and hazards analysis; ITEM NO. 1 y" City Council Staff Report August 3, 2016 - Page 2 Amendment No. 6 for Loss Control and Regulatory Compliance Services assisting with program compliance training; and maintaining safety rules and policies of the City and the provisions of the IIPP for OSHA compliance. During the FY 2015-2016 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 with special focus on a comprehensive Hazard Compliance Program overview including: Hazardous Materials Inventory, Hazardous Materials Observation Report, development and submission of required business plans, and maintenance and access to Hazardous Materials Inventory online management tool. This essential agreement for the FY 2016-2017 will place special focus on on-site compliance trainings, safety training program maintenance, training programs materials, training records, on-site inspections, hazard analysis records, 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 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 2016-2017. Perry d' on, Director ames Thompson Departm t of Human Resources Chief of Staff/City Clerk David H. Ready, City r Attachments: Amendment 6 02 AMENDMENT NO. 6 TO CONSULTING SERVICES AGREEMENT Loss Control and Regulatory Compliance Services, Keenan & Associates (Agreement No. 5862) THIS FIFTII AMENDMENT to the Consulting Services Agreement No. 5862 for Loss Control and Regulatory Compliance Seances is made and entered into to be effective on the ls� day of July 2016 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. Citv 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, 2016. 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, 2016 thru June 30,2017. 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. 5, Consultant shall be compensated and reimbursed $65,000 for on-site Loss Control services for the period of July 1,2016 thru June 30,2017. 2. Amendment to Section 4.2, 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, 2016 through June 30, 2017, Keenan & Associates shall provide a Loss Control Consultant, 32 hours per month, to perform on-site specialized Loss Control services. During those 32 hours per month, the Consultant will work on various safety programs and activities, at the City's direction, including live compliance trainings, safety program maintenance, 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. 3. Amendment to Section 10.2.entitled "Covenant Against Discrimination" 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, national origin, physical or mental disability, medical condition, or ancestry". 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. IN WITNESS WEHREOF, the parties have executed this Amendment as of the dates stated below. ATTEST: "CITY" CITY OF PALM SPRINGS, CA. By By. James Thompson, City Clerk David H. Ready, City Manager Date: Date: APPROVED AS TO FORM: By City Attorney Date: "CONSULTANT" Keenan&Associates Date: By John Stephens,Sr. Vice President 04