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HomeMy WebLinkAbout6/3/2015 - STAFF REPORTS - 2.N. ;0Q?PAM Sp9 iy c u u � �O9buico`e+" a <.FaaN�" CITY COUNCIL STAFF REPORT DATE: June 3, 2015 Consent SUBJECT: APPROVE AMENDMENT NO. 5 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. 5 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 Council 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 Manager's Office, Human Resources Department, and the City Attorney's Office identified there was a need to provide essential staff support in the maintenance of the IIPP and develop and maintain compliance programs. This amendment specifies that they will continue to perform this work, by providing on-site assistance to maintain and update the IIPP and other mandated compliance programs; as well as coordination and overseeing the enforcement of required safety rules and policies of the City, and ITEM NO.�— City Council Staff Report June 3, 2015 - Page 2 Amendment No. 5 for Loss Control and Regulatory Compliance Services the provisions of the IIPP for OSHA and required staff training. The total cost of this additional work will not exceed $65,000 through June 30, 2016. This essential agreement continues to maintain, enhance and ensure requirements of compliance under the safety programs, as well as promoting safety in the work place. 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 2015-2016. Perry Ma on, (rector mes Thompson Depart nt of Human Resources Chief of Staff/City Clerk David H. Ready, City r Attachments: Amendment 5 02 AMENDMENT NO. 5 TO CONSULTING SERVICES AGREEMENT Loss Control and Regulatory Compliance Services, Keenan&Associates (Agreement No. 5862) THIS FIFTH 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 Is, day of July 2015 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 30,2015. B. Section 3.3 of the Agreement provides that the Agreement may be amended at any time with the mutual written consent of the Parries 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, 2015 thru June 30,2016. 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 1,2015 thru June 30,2016. 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: "Safety Compliance Plans maintenance and enhancements; hazardous materials plan development; OSHA required job specific training; and related loss control services" as described in the attached Scope of Services attached to this agreement as Exhibit"A". Effective July 1, 2015 through June 30, 2016, Keenan &Associates shall provide on-site and off-site Loss Control services up to 24 hours per month of specialized loss control services which may include, but is not limited to: live compliance trainings, 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 a comprehensive Hazard Compliance Program, including: Hazardous Materials Inventory, Hazardous Materials Observation Report, development and submission of required Business Plans, and maintenance and access to KeenanSDS online management tool. 03 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 Exhibit "A" e Consulting Services Agreement, Loss Control and Regulatory Compliance Services, Keenan &Associates 05 i .CONSULTING SERVICES AGREEMENT j Loss Control and Regulatory Compliance Services,Keenan&Associates THIS AGREEMENT PO ONSULTING SERVICES (the "Agreement') is made and entered into this /%y of 2009, by and between the City of Palm Springs, a California charter city and munruipal corporation ("City"), and Keenan & Associates, a California corporation,("Consultant'. i � I A. City requires the services of a professional consultant to provide Loss Control and Regulatory Compliance Savices, ("Project") R. Consultant has submitted to City a proposal to provide Loss Control and { Regulatory Compliance Services,to City pursuant to the terms of this Agreement. C. Based on its experience, education, training and reputation, Consultant is qualified to provide the necessary'services to City for the Project and 'desires to provide such -. .--- services. D. City desires to ruin the services of Coinsultant for the project. NOW, T MRBFOR% in consideration of the promises and mutual agreements contained herem, City agrees to retain and does hereby retain Consultant and Consultant agrees to provide services.to the City as follows: AGREEMENT 1. CQ„FSin�TANT SERVICES 1.1 _ Scope of Services. In compliance with all terms and conditions of this AgreameL Consultant shall.provide Loss Control and Regulatory Compliance services to City as described in the Soope of ServiceslWork attached to this Agreement as Exhibit "A" and. incorporated herein by reference (the "services" or `work'), which inojudes the agreed upon schedule ofpedbmrance and the schedule of fees. Consultant warrants that all services and work- shall be pedormed in a competent, professional, and satisfactory manner in accordance with all standards prevalent in the industry, In the event of any inconsistency between the terms contained in.the. Scope of Services/Work ;ad the tams set forth in the main body of this Agreement,the terms set forth in the main body of this Agreement shall governs. 1.2 Comaiiance with Law. 'All services rendered under this Agreement shall be provided by Consultant in accordance with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations promulgated theramder. 1.3 Licenses and Permits. Consultant shall obtain at its sole cost and expense such licenses,permits,.and approvals as maybe required by law for the performance of the services . required by this Agreement WWI 1 aevked:3rL3:U7 . 06 v ' IA Familtarlty with work. By executing this Agreement, Consultant warrants that it has -carefully considered how the work should be performed and fully understands the facilities,difficulties, and restrictions attending performance of the work under this Agreement. 2. TIME FOR CO I.ETION, f The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement according-to the agreed upon schedule of performance set forth in Exhibit "A." Consultant shall not be'accountable, for'delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Consultant. Delays shall not entitle Consultant to any additional compensation regardless of the party responsible for the delay. 3. CO-WENSATTONOF CONS IJLTANT , 3.1 Comne6sation of Consultant For the services rendered pursuant to this Agreetnent, Consultant shall be compensated and reimbursed,in accordance with the schedule of fees set forth in Exhibit"A,"which total amount shall not exceed$74,050. 3.2 Method of Payment In any month in which Consultant wishes to receive payment,Consultant shall no latex than time fast working day of such month,submit to City in the form approved by City's finance director, an invoice for services rendered prior to the date of the invoice. Payments shall be based on the hourly rates as sex forth in Exhibit"A" for authorized services perfomred_ City shall pay Consultant for all expenses stated thereon, which ate approved by City consistent with this Agroa ment, within thirty (30) days of receipt of Consultant's invoice. 3.3 Chan In the event any change or changes in the Scope of Services/Work is requested by City, the parties hereto shall @xecute a written amendment to this Agreement, r setting forth with particularity an terms of such amendment, including, but not limited to, any additional fives. An amendment may be entered into; A. To provide for revisions or modifications to documents or other wort product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents,other work product,or work; B. To provide for additional services not included in this Agreement or not ' customarily furnished in accordance with generally accepted practice in.Consultanfs profession,, 3.4 AnnrOnrfatlomms. This Agreement is subject to and contingent upon fiords being appropriated therefore by the City Council of City for each fiscal year covered by tyre Agreement If such appropriations are not made, this Agreement shall automatically terminate without penalty to City. 4.. PERFOR1►LatvrE SCITEDIJidt 4.1 Time of Essence. Time is of the essence in the performance of this Agreemgnt. soaa9s 2 novlsea 3rz3Ur 07 4.2 Schedule of Performaare. All services rendered pursuant to this Agreement shall be performed pursuant to the agreed upon schedule of performance set forth in Fachibit"A." The extension of any time period must be approved in writing by the Contract Officer. 4.3 Force Nlalearre. T1re time for performance of services to be rendered pursuant to this Agreement may extended because of any delays due to unforeseeable causes beyond the control and without the fault of negligence of Consultant, including, but not limited to, acts of God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic, ' quarantine restrictions, riots, spikes, freight embargoes, and unusually severe weather if Consultant shall within ten(10) days of the commencement of an&condition notify the Contract. Officer who shall thereupon ascertain the facts and the extent of any necessary delay, and extend J the time for performing the services for the period of the enforced delay when and if in the Contract Officer's judgment such delay is justified, and the Contract Officer's determination 'shall be fatal and conclusive upon the parties to this Agreement 4.4 Term. Unless earlier terminated in accordance with Section 9.5 of this Agreement;this Agreement shall continue in full force and effect for a period of throe years(FY 09 10,FY 10-11, FY 11-12), commencing as July 1, 2009, and ending on June 30,2012,unless extended by mutual written agreement of the parties. S. COORDINATION OF WORK 5.1 RenreseaU 've off'ConstLlf�nt The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the services and work specified herein and make all decisions m connection -therewith: John Stephens, Senior Vice President. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial- indWXMCnt fir City to eater into this Agreement. Therefore, the foregoing principal shall be responsible during the team of this Agreement for directing all activities of Consultant and devoting suffic ieut time to personally supervise the services hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 5.2 Contract OfIIcer. The Contract Officer shall be the City Manager, or his/her designee. It shall be the Consultant's responsibility to keep the Contract Officer, or his/her designee, fully informed of the progress of the performance of the services and Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mom the approval of the Contract Officer, 5.3 Prohibition An lnat Subcoataracfire or AsslQnrnent The expert knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into ibis Agreement Therefore, ConsAtant shall not contract with any other individual .or entity to perform in whole or in part the services required hereunder without the express written approval of City_ In addition, neither this Agreement nor any interest heroin may be assigned or trausfernsd, voluntarily or by operation•of law,without the prior written approval of City. " • f. ypr�yq,y - 3 revised:am? ' 0'8 5.4 • Independent Contractor. Neither City nor any of its employees shall have any control over the manner,mode, or means by which Consultant, its agents or employees,perform the services required herein, accept as otherwise set forth herein. Consultant shall perform all services required herein as an independent contractor of City and shall not be an employee of City and shall remain'at all times as to City a wholly independent contractor with only such obligations as are consistent with that role, however, City shall have the right to review Consultant's work product,result;and advice, Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 5.5 Personnel Consultant agrees to assign fire following individuals to petfomt the services set forth herean. Consultant shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager,the City shall have the unrestricted right to order the removal of any personnel assigned by- Consultant by providing written notice to Consultant. Name: • John Stephens Senior Ytce President Marco Guard& Assistant f zce Presiders; Loss Control Consultant shall procure and maintain, at its sole cost and expense,policies of insurance as set forth in Exhibit"B,"which is attached hereto and is inootpomted herein byre€ereum 7. IlYPENlNIRICATIO . To the fullest oxU>'att pemifted by law, Consultant shall defend (at Consultant's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, offices, employees, agents, and volunteers(collectively the Indemnified Parties'), from and against any and all liabilities, actions, suits, claims, demands, losses, costs,judgments, arbitration awards, :settlements, damages; demands, orders, penaltiM and expenses including legal costi and attorney fees(collectively"Claime% including but not limited to Claims arising from injuries to or death of persons (Consultant's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Consultant,its officers, employees,represeafathms, and' Agents, which Claims arise out of or are related to Consultant's perfonmanco under this Agreement, but excluding such Claims arising linen the negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and vohmteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit. Consriltsnt's indemnification obligation or other liability hereunder. 5076392 4 Aeti'ed 9l23l07 09 8. RECORDS AND REPORTS 8.1 R Consultant shall• periodically prepare and submit to the Contract Officer' such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. 8.2 RMOrds Consultant shall keep such books and records as shall be necessary to properly perm the services required by this Agreement and enable the Contract Officer to evaluate the pa formance of such services. -The Contract Officer shall have full and free access to such books and records at 0 reasonable times, including the right to inspect, copy,audit,and make records and transcript's from such records. 8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of this Agreentont . shall be the property of City and.shan be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant-shall have no claim for fi &w employment or additional compensation as a result of the exewlce by City of its firll rights or - ownership of the documents and materials hereunder. Consultant may retain copies of such documents for its.own use. Consultant "I have an unrestricted right to use the concepts embodied therein. SA Rtkase of Doc mPmts. All drawings, specifications, reports, 'records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 85 Cost lam. Consultant shall maintain all books,documents,papers,employee time sheets,Accounting records,and other evidence pertaining to costs incurred while performing -under this Agreement rill shall make such materials available at its offices at all reasonable. times daring the tetmr of this Agreement and for three (3)Years from the date of feral payment for inspection by City and copies thereof sball be promptly furnished to City upon requdst. 9. . AMORCFMST OF ACRE t 9.1 C orafa Law. Tbfs Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of Califamia. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of . Califomia,or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisditdion ofsuch court in the evert of such action. 9.2 R'eiver• No delay or•omission in the exercise.of any right or remedy of a non- defaulting party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City's consent to M76391 5 .. RottB&k 9!1d97 i. . 1 or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other j provision of this Agreement. j 9.3 Rights and Rem lei are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement; the rights.and remedies of the parties are'ctunulative mild the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different tunes, of any other rights or remedies for-the same default or any other dePmrlt by the other party. 9A Legal Action. In addition to any other rights or remedies, either party may take � legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel•specific performance of this Agreement, to obtain injunctive relief; a declaratory judgment,or any other remedy consistent with the purposes of this Agreement. 9.5 Termination Prior to KXV_Lmtjqu Of Term City reserves the right to terminate this Agreement at any time, with or wi9nout oause,.upon thirty (30) days written notice to Consultant, except that where termination is due to the fault of Consultant and constitutes an immediate danger to health,safety,and general welfare,the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination; Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer therea&r. Consultant may terminate this Agreement, with or without cause, upon thirty (30) days written notice to City. 10. -MY OFFICERS AND AWLOYEE&MN DISCRIMINATION 14.1 Non-Li of QU and Broxiloyees No officar or employee of City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Consultant or its successor,or for breach of any obligation of the terms of this Agreement. 10.2 Covenant Against Discrimination. 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,national origin, or ancestry. 11. MJBCELLANEO[IS PROVISLOM 11.1 Notice. Any notice, demand, request, consent,approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by pre-paid,lust-class mail to the address set forth below. Dither party may change its address by notifying the other party of the chaW of address in writing. Notice shall be deemed communicated seventy-two(72)hours from the time ofmaift ifmailed as provided in this Section. •507619.2 _ 6 Revise&31=7 f To Clty: City ofPalm Springs Attention: City Manager/City Cleric E 3200 E.Tahquitz Canyon Way i Palm Springs, California 92262 I To Consultant: ,Keenan&Associates j Attention: John Stephens, Senior Vice President 901 Cane Amanecea,Suite 200 .San Clemente, CA 92673, 11.2 Xnteimted Asremank This Agreement contains all of the agreements of the parties and cannot be amended or modified except by written agreement. 11.3 Amendmemk This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 11A Severability. In the event that any one or more of the phrases,sentences,clauses, paragraphs,or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a eoiut of competent jurisdiction, such invalidity or unenforceability - shall not affect any of the remaining phrases; sentences, clauses,Paragraphs, or sections of this Agreement,which shall be interpreted to carry out the intent of the parties hereunder. 11.5 The Pawns executing this Agreement on behalf of the patties hereto warrant that they are duly authorized to exeWte this Agreement on behalf of said parties and that by so oxeclfing this AV=mes it the Parties hereto are formally bound to the provisions of this Agreement. [SIGNATURE PAGE SEPARATELY ATTACHED] SM092 7 lteNsad:3t D7 I W WITNESS WHEREOF,-the parties have executgd this Agreement as of the dates stated below. "CITiv City of Palm Springs Date:�`Gj � By��TI David-H.Ready .. city Ma' PPRMBYCffYCOUNCIL APPROVED AS TO FORIVT: ATTEST E By: ; g , sue— Atitomefyl6i- Citv ad, t Ct son, "CONSMTAITr Keenan&Associates Date: �>/zlla 5 (tumidwit)- SR. pd,fs+r� r Date. F,— w (> ) (secretary) SOM9.2 8 Kayoed:3=7 . CAUFORNIA ALUMM108E ACKNOWLEDGMENT grate yof cawwda cmvt on v� j who prmW to on the basis cf evidence to be the pwbase su6=5ed to OW mars and a god to „se trrat sm ate andmatny swa(6kwonvie AA a t lnstaaner« ffie of the.entity upon to W of CMMWN 0 1843741 wtdch Urea ew wWd thet+rsttum" oflulp COW t ootry under PENALTY OF PERJURY rmder fhe laws Comm pp of the State of Oaftmfa that tAe'bregav pare mb is . true and oarrect. YYt NESS my 1 a seal. eme.NWe)Br woea .Signature ao OPTRWAL— roo�hns,ykanaua,naBure.mxmamuseeyprwltraeypmwvaumprsroc��rsansr�pareoaoaKaan . +�'�+w*wa+ rltlai�o�atandr�afArarnwKaY�:,txm a snomardaaamnr. . . Desedpifon of Attached pocunum TRIO oType of Duos 11ete Numbwoff> _ Imo_ . f 6lplerN�0ther77isnNamaaRl»v� -- • - CO�etff!(►ea?Clalmedby&fgrrerls3 . - . swNwo Name. 13 kWdua! S 0lndvidua( � - . - 0 .Farkw—a(3 Um lod c)eC m ae Q Corporate O/xCer—It�fa(sY ❑Pechter—p LlrtYted . 13.Auomgr in Fact Q . Q 'lPushe rova+rbor.e gGe Rwe © Quamlian or con"No or. Q Caranfon or Qoetaervator . Q Doom Slarwr to nepreeamRx 9tpnerfs Rep[aean4ng. .. eezWWraadElepry . mwpxok.,'aersme.a e.ge,a ouesem raryrp, "maw Rmdeaee'[awm+aaoveeai . SU76,i9.1. - 9 ReWaed:9/23A7 14 Ijl i i i i I EXHIBIT "A" JJ� CONSULTANT'S SCOPE OF SERVICES/WORK Including, Schedule of Fees And Schedule of Performance . 3076i92 10 Revised:$l 07 .. CITY OF PALM SPRINGS 1 Loss Control Service Proposal Amendment to Broker Contract February 20,2009 PresentedBy, 4 John Stephens, Senior Vice President Property& Casualty Practice Leader . lgt� t•�aah�o�n s�hrsr� Marco Guardi,ARM,MPA Assistant Vice President—Loss Control i Keenan &Associates 901 Calle Amanecer, Suite 200 San Clemente, CA 92673 949940-1766 (Phone). 949-369-0324 (Pax) �OF PALM cl�unvrG ' ReatA Safety Professional(RASP)Program y The City of PRIM Springs has asked Keenan&Associates to provide a loss.control proposal to assist the City meet its regulatory obligations. We are pleased to provide the following proposal which outlines Loss Control wmiceg that will be provided, The services listed are customized to help die City.understand and develop a strategy to meet the various regulatory requirements in the most efficient, cost effective mean. The Program setvices were developed based•on the information provided by the City and discussions with Captain Ventura fi=the t:ity's Fire Department Keenan will assign a dedicated Loss Control consultant to the City and this Consultant will be resPousible fox ensuring the services listed in this program are provided as well as any other matters related to dris program. Although the Consultant may provide many of the services to the City, other consultants With specialized areas of expertise may be called upon to provide some of the services. .The goal of this seavice program is to assist the City with datablishing an efficient w effective safety progzRm. The Program primary goals are: • Assist the City with Cal/OSHA and Fed/OSHA Compliance • Raise awareness ofx+egutatory responsib$ities Keep City abreast of xe90latm7 changes and their potential itapacts to CiLy operations Reduce the Ftequency of Work Related Injuries The succ ess.of the ptogrIM in large pats will depend on the commitment of the City. By accepting this PmgIM136 the City agtees: It is demonahating its commitment to Providing a safe and'heakbful wudq:aace for etnpioyees • To designate an individual to coordinate and f mffitat a the program services with the Consultant To facilitate a focused safety Progtam and safety cultore, the assigned Consultant will Rattier � , and P���g in City Safety Committee meebW. The City will be responsible for establishing the make-np.of the Committee and the frequency of meetngs and the ConsuU=4 in cooperat6a With the City, will identify topics for meeting agendas and prepare .support documentation for the meetings. �«naeeaa. 17 . rROGRAM SERVICES 1. Comas is a Needs A •.,�ess,:teni I � i Evaluate the Cup's operations to determine the application of and cornpllance status with Cal/OSHA regulations. This will be achieved by: a Comprehensivereview of current written compliance programs and plans;health and safety policies and procedures b. Field vedficadon ofcuttent program,plan,policy and procedure implementation. throughout City operations; c. Assessment report identifying program,plan,polity and procedure deficiencies 2. Compliance AUIMn Plarr,Poljsy and Procedure Developwso If it is determined existing City programs, plans, policies and procedures are not incompliance, Keenan VA modify or amend them acemlingly with input from, the Cary. If it is determined that retied wutrrn comp cc ProWams,Pam,Policies and procedures are not in place, they will be provided and custorniaed specific to the Citfs operations. Plsns to be reviewed, evaluated and amended include but ate not Bruited to: Additionally,Keenan will provide consulting services necessity to assist the City successfully implement sucli program,plans,policies and procedures to achieve compliance with Calf OSHA regulations as well as reduce the number of injuries. . 3•hazardous Mg 'al Trtver�Q� Chief Ventura from the CuYs Fire Department suggested we include Hazardous Materials Inventory as the City apparently has not done this for several years. An inventory of hazardous material used by and storied at city facilities, will be conducted annually. 'Ibis inventory w.M assist with the Citfs. compliance towards Cal/OSHA's Hazard Commun=non regulation. Upon completion of the iaventoty,the City will receive a report outlining the material name and quantities used and stored at each city tactility. This i mentory,wll serve as the foundation for compiling and distributing Material Safety Data Sheets (IvMS) throughout the City f=Ities using Keenan s OhNfie AaDS sywww;a feature of the Hazardous Material Inventory servie:e. coU*CtIOn With the Progmm Services #1 And 92 outlined above, • li /r •.w I . r r 1 11 / • M 1 1 . ,1rci:Sc�11 L�1xcs�i�ratiallt " Fos1,:G�e,h cci;i, S'13oo1'3IiG. F?r.�rlh�F:osascri�a9ie,-ra Ccr�i�ic:3 �'�, • 1 E. C cn .E _ Tj ! IiQ L BCl I ;. t' n1% ❑�Gi[f .(.?4 i-1i E ii�� '-;.f:(✓ IX. n$Ei it � ..�:�.. E i12 .. �. 'ns=iS P u:3 r.' r .. �::vi' nttp3?:ei E c. '�i• r.r y i^,.i . ,..r . .. lvt^may � ...:.,) .��•� .. ... swum Add IumtoBzpkerofAMMdAMCme'mt 11 (I*uncdm with the CiVs Brolmr of Record agreemmt with yeengn&Associaftk the services dwc&ed above will be provided thtough an addendum to,the a8rement as&nows. Policy Year ill ' 1 1 $32,250 Policy Year 1 1 t Policy2011/2012 $17,550 Analytical Reports and C[emal SuppmqWoxd 1 . ihe structure Above xe&cts the gr=tm effort expended in Policy Yint 2PO9/2010 to ° ' lishing 1 1 t IinTlemer. rrr• and ensuring on 1 ivEness of these itevoi. Activities in Policy Year 2011/2012 will n+ . r • r maintaitiing'he CWS Safety1 •' vn 2Ud nxasudugthe progmes EXHIBIT' KB" I r INSURANCE PROVISIONS Including Verification of Coverage, Sufficiency of Insurers, Errors and Omissions Coverage, Minimi n Scope of Insurance, Deductibles and Self-insured Retentions, and Severability ofluterests (Separation of Insureds) InStEralllCC Consultant shall Procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, in a form and content satisfactory to the City;- 1 public Iiability and property damage insurance against all claims for injuries against persons or damages to Property resulting from Consultant's performance under this Agreement. Consultant shall also carry workers' compensation insurance in accordance with California workers' compensation laws. Such insurance shall be kept in full forme and effect during the term of this i Agieement, including any extension thereof, and shall not be cancelable without thirty(30)days advance written notice to City ofany proposed carieellatimr Certificates of insurance evidencing the forgoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencemeart of services. The procuring of such insurance-and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its elected officials, officers,.agents, employees,and volunteers. A. minimum S a of Insurance. The minimum amount of insurance required hereunder shall be as follows. 1. Comprehensive general liability and personal hViny with limits of at least one million dollars (s1,0o0,000.00) combined single limit coverage per occurrence and two mullion dollars($2,000,000)general aggregate; 2. Automobile liability insurance with limits of at least one million dollars {$1,000,000.00)per occurrence; 3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) Per occurrence and two million dollars ($2,000,000) annual aggregate;and, 4. Workers' Compensation insurance in the statutory amount as required by the State of California and limployer's Liability Insurance with limits of at least one milhoh dollars$1 million per occurrence. If Consultant has no employees, Consultant shall complete the City's Request for Waiver of Workers, Compensation Insurance Requiret=t form. For any claims related to this Agreement, Consultant's insurance coverage shall be Primary insurance as respects City and its respective elected officials, officers, employees, agents; and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall.be in excess of Consultant's insurance and shall not contribute with it. For Workers' Compensation and Employees Liability Insurance only, the insurer shall waive III rights of subrogation and contribution it may have against City,its elected officials, officers,employees,agents,and volunteers. S. Errors and Omissions Coverxmge If Consultant provides claims made professional liability insurance, Consultant shall also agree in writing either(1) to purchase tail Insurance in the amount required by this Agremew to cover claims made within.three years of so76r91 12 ReWsect MOW 21 the completion of Consultant's services under this Agroemme or (2) to maintain professional J liability insurance coverage with the same carrier, or equivalent coverage with another company, in the amount required by this Agreement for at least three years after completion of Consultant's services under this Agreement Consultant shall also,be required to provide j evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy. C S ufflclmcv of his Insurance required herein. shall W provided by authorized insurers in good standing with the State of California. Coverage shall be provided by . insurers admitted in the State of California with an A.M.Beat's Key Rating o€B++,Class V11, or better,unless otherwise acceptable to the City. D. Veritcu am of CoveragC Consultant shall furnish City with both certificates of insurance and endorsements, including additional insumd endorsements, effecting all'of the coverages required by this Agreement. The certificates and endorsements are to be signed by a Pemn authorized by that uisuuer to bind coverage on its behalf All proof of insurance is to be received and approved by the City before work commenew. City reserves the tight to require Consultant's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of hhenrance coverage may be provided by: (1)an approved General and/or Auto Liability Endorsement Farm for the City of Palm Springs or(2)an acceptable Certificate of Liability Insurance: Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The City of Palm Springs, I& officials; employees, and agents are named as an additional ftw'ed... ' rag respects CI1y of Palm 4Wngs Contract No. or for any and all workperformed with the City"maybe included in this statement). 2. "This• lnsuranee.it primary and non-contributory over any Inswwnce or self- Insurance the City may have..."("as respects Cl1y ofPalm SprhW Contract No. " or"for any and all workperformed with the CYty"nray be.included irx this statement). 3 "Should any of the above described polices be cmnceled before.the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named"Language such as, "endeavor to"mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. -4. Both the Works' Compensation and Employers' Liability policies $ball contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents,and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. 5UM92 13 Ra�iwtl Yt8m7 22 Alf certificates of insurance .and endorsements ate to be received and approved by the City Coro work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agentibroker or insurance underaritet_ Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant's obligation to provide them. L. neducbibles and Self- R!,UX—R ,-R!tentinM. Any deductibles or self-insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected officials, oft, employees, agents, and volunteers; 'or, Consultant.shall procure a bond guaranteeing Payment of losses and.related investigations, claim administration, and defense expenses. CeitiSrates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Consultaut guarantees payment of all deductibles and self-insured retentions. F. arsti n of eds . This insurance separately to each insured applies agaity, whom claim is made or suit is brought except with respect to . . �e limier of the insurer's liability. . - 1o763s3 14 1 ReVbeds 3Id3Ar . . — 23