HomeMy WebLinkAbout7/3/2013 - STAFF REPORTS - 2.K. {O�pALM Sp9
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°4</FOAN`P CITY COUNCIL STAFF REPORT
DATE: July 3, 2013 Consent
SUBJECT: APPROVE AMENDMENT NO. 3 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. 3 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 in July of 2009. The work contemplated in this
agreement culminated with the City adoption of the Revised City of Palm Springs' Injury
and Illness Prevention Program (IIPP) in 2011.
The City Manager's Office, Human Resources Department, and the City Attorney's
Office have identified the need to provide essential staff support in the implementation
of the IIPP. This amendment specifies that Keenan & Associates will continue to
perform additional work, by providing on-site assistance for two days per week to
maintain, further develop and the implementation of the IIPP; as well as coordination
and overseeing the enforcement of all safety rules and policies of the City, and the
provisions of the IIPP for OSHA and other required staff training. The total cost of this
additional work will not exceed $65,000 through June 30, 2014.
ITEM NO.
City Council Staff Report
July 3, 2013 - Page 2
Amendment No. 3 for Loss Control and Regularity Compliance Services
This essential agreement continues to further develop additional requirements and
maintain compliance under the safety programs, as well as promoting safety in 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 and approved in the FY 2013/2014 budget
adopted May 15, 2013 in Risk Fund Account No. 43200.
Perry ison, Director David H. Ready, City Managgir
BFIL-
Depart ent of Human Resources 17
es Thompson
Chief of Staff/City Clerk
Attachments:
Amendment 3
02
AMENDMENT NO. 3
TO
CONSULTING SERVICES AGREEMENT
Loss Control and Regulatory Compliance Services, Keenan &Associates
(Agreement No. 5862)
THIS THIRD 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 1" day of July,
2013 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 "") 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")in the amount of$74,050. The agreement was continued through June 30,2012
for the amount of$50,450.
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
perform additional on-site Loss Control services eight (8) hours a day, two (2) days per week in
amount not-to-exceed $65,000 for the period July 1, 2012 through June 30, 2013.
D. City and Consultant desire to amend the Agreement to authorize Consultant to
perform additional on-site Loss Control services eight (8) hours a day, two (2) days per week in
amount not-to-exceed $65,000 for the period July 1, 2013 through June 30, 2014.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the Parties agree as follows:
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,
Consultant shall be compensated and reimbursed, in accordance with the schedule of fees
set forth in Exhibit 'W', $65,000 for on-site Loss Control services for the period of July 1,
2013 through June 30, 2014, and the total compensation under the agreement shall not
exceed $254,500.
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; hazmat 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 "B".
1 03
Effective July 1, 2013 thru June 30, 2014, Consultant shall provide on-site Loss Control
services eight (8) hours per day, two (2) days per week.
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 Authoritv. 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 WHEREOF, 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:
Date:
2 04
CALIFORNIA ALL-PURPOSE ACKNOWLEDQMENT
State of California
County of
On before me,
ero, Hme Nmne WTilM of m,IXfla.
personally appeared r,mhi msse,rte
who proved to me on the basis of satisfactory evidence to
be the person(s) whose names) islare subscribed to the
within instrument and acknowledged to me that
helshelthey vieafed the same in hisrhentheir authorized
capacity(ies),and that by hisRterRheir sigrrol ks)on the
Instrument the person(s), or the amity upon behalf of
which the person(s)acted,exeaded the Instru mars.
I car* under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph Is
true and correct.
WITNESS my hand and official seal.
Signature
Gleee N,nry seal PemN 9fvmGred Mry
OPTIONAL
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and oouldpreaerd haudderd remora)and reaaadrrned of alas form to nrobrer doaffneat
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above: _
Capaelty(les)Claimed by Signerys)
Signer's Name: Signer's Name:
7 Individual ❑Indwidual
❑ Corporate Officer—Title(s): ❑CorporateOlficer—T ore):
O Partner—❑Limited ❑General ❑Partner—❑limited O General
O Attorney in Fact ❑Attorney in Fact
❑ Trustee Top of ftft Hem ❑Trustee by d Nam*hero
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other. ❑Other:
Signer Is Representing: Signer Is Representing:
Oawr WLawl Horsy Nw,d,tl,m4160GewMa.PAam9e]@•tlmnaaN.CA n]�3460¢•w+nrlAtiavNoly%W bm#WCT Nold,.:r]e�1�o-9BMW
s 05
Exhibit "A"
Consulting Services Agreement; Loss Control and Regulatory Compliance Services,
Keenan & Associates
06
CONSULTING SERVICES AGREEMENT
Loss Control and Regulatory Compliance Services, Keenan& Associates
THIS AGREEMENT FO ONSULTING SERVICES (the "Agreement') is made and
entered into this aA3ay of ✓e- 2009, by and between the City of Palm Springs, a
California charter city and m corporation ("City"), and Keenan & Associates, a
California corporation, ("Consultant").
RECITALS
A. City requires the services of a professional consultant to provide Loss Control and
Regulatory Compliance Services, ("Project').
B. 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 retain the services of Consultant for the Project.
NOW, THEREFORE, in consideration of the promises and mutual agreements contained
herein, City agrees to retain and does hereby retain Consultant and Consultant agrees to provide
services to the City as follows:
AGREEMENT
1. CONSULTANT SERVICES
1.1 .. Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide Loss Control and Regulatory Compliance services to City
as described in the Scope of Services/Work attached to this Agreement as Exhibit "A" and
incorporated herein by reference (the "services" or "work"), which includes the agreed upon
schedule of performance and the schedule of fees. Consultant warrants that all services and work
shall be performed 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 and the terms set forth in the main body of this
Agreement, the terms set forth in the main body of this Agreement shall govern.
1.2 Compliance 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 thereunder.
1.3 Licenses and Permits. Consultant shall obtain at its sole cost and expense such
licenses, permits, and approvals as may be required by law for the performance of the services
required by this Agreement.
5076392 Revised:3/2=7
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1.4 Familiarity 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 COMPLETION.
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. COMPENSATION OF CONSULTANT
3.1 Compensation of Consultant. For the services rendered pursuant to this
Agreement, 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 later than the first 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 set forth in Exhibit "A" for authorized
services performed. City shall pay Consultant for all expenses stated thereon, which are
approved by City consistent with this Agreement, within thirty (30) days of receipt of
Consultant's invoice.
3.3 Changes. In the event any change or changes in the Scope of Services/Work is
requested by City, the parties hereto shall execute a written amendment to this Agreement,
setting forth with particularity all terms of such amendment, including, but not limited to, any
additional fees. An amendment may be entered into:.
A. To provide for revisions or modifications to documents or other work
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.Consultant's profession.
3.4 Appropriations. This Agreement is subject to and contingent upon funds being
appropriated therefore by the City Council of City for each fiscal year covered by the
Agreement. If such appropriations are not made, this Agreement shall automatically terminate
without penalty to City.
4. PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this Agreement.
--. 507639.: 2 R&VLs d.WW07 p
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4.2 Schedule of Performance. All services rendered pursuant to this Agreement
shall be performed pursuant to the agreed upon schedule of performance set forth in Exhibit"A."
The extension of any time period must be approved in writing by the Contract Officer.
4.3 Force Maieure. The time for performance of services to be rendered pursuant to
this Agreement may be extended because of any delays due to unforeseeable causes beyond the
control and without the fault or 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, strikes, freight embargoes, and unusually severe weather if
Consultant shall within ten (10) days of the commencement of such condition notify the Contract
Officer who shall thereupon ascertain the facts and the extent of any necessary delay, and extend
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 final 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 three years (FY
09-10, FY 10-11, FY 11-12), commencing on July 1, 2009, and ending on June 30, 2012, unless
extended by mutual written agreement of the parties.
5. COORDINATION OF WORK
5.1 Representative of Consultant. 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 in 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
inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be
responsible during the tern of this Agreement for directing all activities of Consultant and
devoting sufficient 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 Officer. 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 mean the approval of the Contract
Officer.
5.3 Prohibition ALvainst Subcontracting or Assignment The experience,
knowledge, education, capability, and reputation of Consultant, its principals and employees,
were a substantial inducement for City to enter into this Agreement. Therefore, Consultant 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 herein may be assigned or transferred, voluntarily or by operation of
law, without the prior written approval of City.
507639.2 3 Revised:323107
09
j
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, except 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 the following individuals to perform the
services set forth herein. 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: Title:
Jahn Stephens Senior Vice President
Marco Guardi Assistant Vice President, Loss Control
6. INSURANCE
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 incorporated herein by reference.
7. INDEMNIFICATION.
To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost
and expense), indemnify, protect, and hold harmless City, its elected officials, officers,
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, penalties, and expenses including legal costs and
attorney fees (collectively"Claims"), 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, representatives, and
agents, which Claims arise out of or are related to Consultant's performance under this
Agreement, but excluding such Claims arising from the negligence or willful misconduct of the
City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances
shall the insurance requirements and limits set forth in this Agreement be construed to limit
Consultant's indemnification obligation or other liability hereunder.
507639.2 4 Revised:3123/07
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8. RECORDS AND REPORTS
8.1 Reports. 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 Records. Consultant shall keep such books and records as shall be necessary to
properly perform the services required by this Agreement and enable the Contract Officer to
evaluate the performance of such services. -The Contract Officer shall have full and free access
to such books and records at all reasonable times, including the right to inspect, copy, audit, and
make records and transcripts from such records.
83 Ownership of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Consultant in the performance of this Agreement
shall be the property of City and shall be delivered to City upon request of the Contract Officer
or upon the termination of this Agreement, and Consultant shall have no claim for further
employment or additional compensation as a result of the exercise by City of its full rights or .
ownership of the documents and materials hereunder. Consultant may retain copies of such
documents for its own use. Consultant shall have an unrestricted right to use the concepts
embodied therein.
8.4 Release of Documents. 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.
8.5 Cost Records. Consultant shall maintain all books, documents, papers, employee
time sheets, accounting records, and other evidence pertaining to costs incurred while performing
under this Agreement and shall make such materials available at its offices at all reasonable
times during the term of this Agreement and for three (3) years from the date of final payment
for inspection by City and copies thereof shall be promptly furnished to City upon requdst.
. 9. . ENFORCEMENT OF AGREEMENT
9.1 California Law. This 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 California.
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
California, or any other appropriate court in such county, and Consultant covenants and agrees to
submit to the personal jurisdiction of such court in the event of such action.
9.2 Waiver. 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
5076391 - 5 _. Revised:=3M7
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
provision of this Agreement.
9.3 Rights and Remedies 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`cumulative and 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 times, of any other rights or
remedies for the same default or any other default 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 Expiration of Term. City reserves the right to terminate
this Agreement at any time, with or without cause,. 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
thereafter. Consultant may terminate this Agreement, with or without cause, upon thirty (30)
days written notice to City.
10. CITY OFFICERS AND EMPLOYEES, NON-DISCRIMINATION
10.1 Non-Liability of City Officers and Employees. No officer 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. MISCELLANEOUS PROVISIONS
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, first-class mail to the address set forth below. Either
party may change its address by notifying the other party of the change of address in writing.
Notice shall be deemed communicated seventy-two(72)hours from the time of mailing if mailed
as provided in this Section.
507639.2 6 ReAsed:3/W07
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i
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To City: City of Palm Springs
Attention: City Manager/City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Consultant: Keenan&Associates
Attention: John Stephens, Senior Vice
President
901 Calle Amanecer, Suite 200
San Clemente, CA 92673
11.2 Intearated Agreement. This Agreement contains all of the agreements of the
parties and cannot be amended or modified except by written agreement.
11.3 Amendment. This Agreement may be amended at any time by the mutual
consent of the parties by an instrument in writing.
11.4 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 court 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 Authority. The persons executing this Agreement on behalf of the parties hereto
warrant that they are duly authorized to execute this Agreement on behalf of said parties and that
by so executing this Agreement the parties hereto are formally bound to the provisions of this
Agreement.
[SIGNATURE PAGE SEPARATELY ATTACHED]
7 Revised:3Y23107
507639.2 -
13
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
"CITY"
City of Palm Springs
Dater (. By. ?T/ J
David H. Ready
City Msnag%PPROUED BY CITY COUNCIL
pab�
APPROVED AS TO FORM: ATTEST j'ZZ sff
Ij ougl olland, es Thompson,
City ttomey ty Clerk
"CONSULTANT"
Keenan &Associates
Date: / /Zl/O B . C
(n e)
�l o v a C S%tP�t N s
-(p,•esia'ent} Sir. sa ��s�»�-�
Date;
(name)
(secretary)
507639.2 $ Revised:312=7
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
�
County of e. Ji 1
On 2 t7 before roe. '�,, pf P At
[� 1 Naromtl o �
personally appeared k-A G
q ms�aq
who proved to me on the basis of satisfactory evidence to
be the personXwhose name are subs<xi6ed to the
in Instrument and a gee to me that
CbAsheRh ey exiled the hf hheir authorized
dpaaty and that by air signatuieWon the
JAWS PAI( Instrument , or the entity upon behalf of
Co m scion/ 1843747 which the persop*wed,executed the Instrument.
Notary Public-Csworma
0y�Cotlmy 1 certify under PENALTY OF PERJURY under the laws
Comm. res Ma 0.201 of the State of California that the foregoing paragraph Is
We and cotmecx.
WITNESS my hanjisAdmeWill seal.
voc..buye.a aono Signature .auewrrwc
OP77ONAL
77rot�fe the hAormarion trelow is nor requkaa BYfaw.ftnW Pwva vdkr to pMaons nrykg mn fhe dowm ant
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Description of Attacfted VocumeAt
THIS or `. Type o1 Uooraaem: _
OocumemGate: Number of Pagan -
Sigrlor(s)Other Than Named Above:
Capaolty(lee)Claimed by Sllgrher(s)
m Signora Nae: �l btmN 6wc Signer's Name:
❑ 'Individual ❑Individual
'f Corpor swiicer—Two); 0 Corporate officer—INS(e):
0 Partner—El Umfled ❑General ❑Partner—❑UnnAed
❑ Attorney in Fad
0A ct
O Tiuotee roPamarcnae oaauwrcanm
0 Guardian or Conservator ❑Guand'8n or Conservator
O Other ❑0111M
Signer is Representing; Signer Is Representing:
OalMNanmW Nemry AMod,Yw,•><990Mhe0.M.PIIez2902.Gw.vtl�M Yt41S0608.x�v.Ne .Ory. Roma M R00.dm:WFaACa1-0OD6f0dW
507639.2. 9 - Revised:3123107
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EXHIBIT "A"
CONSULTANT'S '
SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
507639.2 - 10 Revised:=3l07
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YV __
CITY OF PALM SPRINGS
Loss Contiol Service Proposal
Amendment to Broker Contract
February 20, 2009
Ptesented Sy.•
John Stephens, Senior Vice President
Property& Casualty Practice Leader
jg-ephens Oftweenan c o m
Marco Guardi, ARM, MPA
Assistant Vice President—Loss Control
mguardi(aZkeenan om
Keenan & Associates
901 Calle Amanecer, Suite 200
San Clemente, CA 92673
949-940-1760 (Phone)
949-369-0324 (Pax)
17
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CITY OF PALM SPRINGS
Rent A Safety Professional (RASP) Program
The City of Pahn 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 services that will be provided. The services listed are customized to help the
City understand and develop a strategy to meet the various regulatory requirements in the most
efficient, cost effective manner. The program services were developed based on the information
provided by the City and discussions with Captain Ventura from the City's Fire Department.
Keenan will assign a dedicated Loss Control consultant to the City and this Consultant will be
responsible for ensuring the services listed in this program are provided as well as any other matters
related to this 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 service program is to assist the City with establishing an efficient and
effective safety program.
The program primary goals are:
• Assist the City with Cal/OSHA and Fed/OSHA compliance
• Raise awareness of regulatory responsibilities
• Keep City abreast of regulatory changes and their potential impacts to City operations
• Reduce the Frequency of Work Related Injuries
The success of the program,in large part, will depend on the commitment of the City. By accepting
this program, the City agrees:
• It is demonstrating its commitment to providing a safe and healthful workplace for
employees
• To designate an individual to coordinate and facilitate the program services with the
Consultant
To facilitate a focused safety program and safety culture, the assigned Consultant will assist
organizing and participating in City Safety Committee meetings. The City will be responsible for
establishing the make-up. of the committee and the frequency of meetings and the Consultant, in
cooperation with the City, will identify topics for meeting agendas and prepare support
documentation for the meetings.
Kamm h A.'
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1�
PROGRAM SERVICES
1 Compliance Needs Assessment
Evaluate the City's operations to determine the application of and compliance status with
Cal/OSHA regulations. This will be achieved by:
a. Comprehensive review of current written compliance programs and plans; health
and safety policies and procedures
b. Field verification of current program, plan, policy and procedure implementation.
throughout City operations;
c. Assessment report identifying program, plan, policy and procedure deficiencies
2. Compliance Program. Plan Policy and Procedure Development
If it is detemained existing City programs, plans, policies and procedures are not incompliance,
Keenan will modify or amend them accordingly with input from the City. If it is determined that
required written compliance programs, plans, policies and procedures are not in place, they will be
provided and customized specific to the City's operations. Plans to be reviewed, evaluated and
amended include but are not limited to:
Plaii
Prevention Plao
Comilled Sj)ace Emir% Plan Hearing Coll sc3xadoll Plan
13100(lbortle Pathol-clis Respiratory Protection I'lin Reat Illness P�Cventioli Plan
Additionally,Keenan will provide consulting services necessary to assist the City successfully
implement such programs,plans,policies and procedures to achieve compliance with Cal/OSHA
regulations as well as reduce the number of injuries.
3 Hazardous Material Inventor
Chief Ventura from the City's 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 stored at city, facilities, will be conducted annually. This inventory will assist with the City's.
compliance towards Cal/OSHA's Hazard Communication regulation. Upon completion of the
inventory, the City will receive a report outlining the material name and quantities used and stored at
each city facility. This inventory will serve as the foundation for compiling and distributing Material
Safety Data Sheets (MSDS) throughout the City facilities using Keenan's Oiihrze MSDS system, a
feature of the Hazardous Material Inventory service.
Ka,m hA,wcnte
19
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' I I r • ' •t• 'I • . I • • • • 1 r
Accident Investigation Forldify Acrial,& Boornlift Hearing Conservation
Certification (Certified Instructor
Asbestos Awareness Grounds Heat Illness Prevention
Iiloodborne Patbogcu Isposure Hand/Power Tool Safeti' IMP(Illness & Lrjury
Control Prevention Program)
Custodial Hazard Communication Ladder safety
Electrical Safcty Hazardons Waste I•Ianagcmcnt Library Ergonomics
Fire Safety Hcahb and NXIellness Lockout-Tagout
Machine Guarding Persona] Protective Iiyuipment Respiratory Protection
(PPE)
Self Inspection Back safety/lob ergonomics; Defensive Driving(Certified
bus drivers,maintenance NSC instructors)
workers,office staff
(Prcvcutir't;back injuries,
strains, sprains)
Hazard Recognition Preventing Slips/Trips/Falls Stress Mauagcmeot
Utility Cart Sexual Harassment Workplace Violence
'r 11 1 1 I
'• 1 1 1 I
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. r . • - r a . . • . r • r • v • I 1 .
�
EXHIBIT "B"
INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
5076392 - 11 Revised:V23/07
21
I
i
Insurance
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,
public liability 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 force and effect during the term of this
Agreement, including any extension thereof, and shall not be cancelable without thirty(30) days
advance written notice to City of any proposed cancellation. Certificates of insurance evidencing
the foregoing 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 commencement 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 Scone of Insurance. The minimum amount of insurance required
hereunder shall be as follows:
I. Comprehensive general liability and personal injury with limits of at least
one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two
million 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 Employer's Liability Insurance with limits of at least one million
dollars $1 million per occurrence. If Consultant has no employees, Consultant shall complete the
City's Request for Waiver of Workers' Compensation Insurance Requirement 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 Employer's Liability
Insurance only, the insurer shall waive all rights of subrogation and contribution it may have
against City, its elected officials, officers, employees, agents, and volunteers.
B. Errors and Omissions Coverage. 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 Agreement to cover claims made within three years of
507639.2 - 12 Revised 312M?
22
f
the completion of Consultant's services under this Ag
reement, or (2) to maintain professional
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
evidence to City of the purchase of the required tail insurance or continuation of the professional
liability policy.
C. Sufficiency of Insurers. Insurance required herein shall be 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. Best's Key Rating of B++, Class VII, or
better, unless otherwise acceptable to the City.
D. Verification of Covera P. Consultant shall firmish City with both certificates of
insurance and endorsements, including additional insured endorsements, effecting all'of the
coverages required by this Agreement. The certificates and endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be
received and approved by the City before work commences. City reserves the right 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 Insurance coverage may be provided by: (1) an approved General and/or
Auto Liability Endorsement Form 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:
I. "The City of Palm Springs, its officials, employees, and agents are named as an
additional insured... " (as respects City of Palm Springs Contract No.—"or 'for any and all
workperformed with the City"may be included in this statement).
2. "This insurance. is primary and non-contributory over any insurance or self-
insurance the City may have..." ("as respects City of Palm Springs Contract No. or ':for any
and all workperformed with the City" may be included in this statement).
3. "Should any of the above described policies be canceled 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 Workers' Compensation and Employers' Liability policies shall 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.
$07639.2 13 ReviB a:3/23/07
n J
All certificates of insurance and endorsements are to be received and approved by the City
before work commences. All certificates of insurance must be authorized by a person with
authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter.
Failure to obtain the required documents prior to the commencement of work shall not waive the
Consultant's obligation to provide them.
{ E. Deductibles and Self-Insured Retentions. 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,
officers, employees, agents, and volunteers; or, Consultant shall procure a bond guaranteeing
payment of losses and related investigations, claim administration, and defense expenses.
Certificates of Insurance must include evidence of the amount of any deductible or self-insured
retention under the policy. Consultant guarantees payment of all deductibles and self-insured
retentions.
F. Severability of Interests (Separation of Insureds). This insurance applies
separately to each insured against whom claim is made or suit is brought except with respect to
the limits of the insurer's liability.
507639.2 14 Revised.MMOT
24
Exhibit "B"
Compliance Plan Goals
25
Exhibit`B"
In an effort to continue the progress & success that has already been achieved by completing the
City's various compliance plans, the goal for the 2013/2014 year will be to begin implementing the
action steps outlined in each of the newly-created plans as well as maintaining compliance with the
plans. These steps include a variety of specific tasks including,but not limited to:
• Employee training on job-specific safety topics such as hearing conservation, heat illness
prevention, bloodborne pathogens, ladder safety, machine guarding, PPE, chemical safety,
back injury prevention, ergonomics, etc.
• Continue employee/supervisor training on the specifics of each compliance plan
• Review of current MSDS binders and transitioning to the soon to be mandated SDS binders
as required by the Hazard Communication Plan
• Train employees on how to conducting safety self-inspections as required by the IIPP,
review findings from the submitted inspection forms and follow-up with the appropriate
personnel to correct hazards that are identified
• Conducting accident investigations as requited by the IIPP
• Developing equipment-specific Lockout/Tagout procedures as required by the LOTO plan
• Conducting Lockout/Tagout field audits as required by the LOTO plan
• Assisting with the labeling of and distributing information regarding areas throughout the
City that contain asbestos
• Addressing all other safety concerns as they are discovered
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