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C'p41polt CITY COUNCIL STAFF REPORT
DATE: MARCH 7, 2012 CONSENT ITEM _
SUBJECT: APPROVE AMENDMENT NO. 1 TO CONSULTING SERVICES
AGREEMENT FOR LOSS CONTROL AND REGULATORY SERVICES
WITH KEENAN &ASSOCIATES
FROM: David H. Ready, City Manager
BY: Douglas Holland, City Attorney
RECOMMENDATION:
APPROVE AMENDMENT NO. 1 TO CONSULTING SERVICES AGREEMENT FOR
LOSS CONTROL AND REGULATORY SERVICES WITH KEENAN &ASSOCIATES
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 Council's adoption of the Revised City of Palm
Springs' Injury and Illness Prevention Program (IIPP) in December of last year. 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 will perform additional work, by providing
on-site staffing for two days per week to assist in the implementation of the IIPP,
coordination and overseeing the enforcement of all safety rules and policies of the City,
and the provision of staff training. The total cost of this additional work will not exceed
$50,450.00 through June 30, 2012.
FISCAL IMPACT:
Funding for this Amendment is available in current fiscal year budget, Act. No. 5904-
43200, Li it , Contractual Services.
5ouglag Holland, City Attorney David H. Ready, Ci ager
Attachment: Amendment to Agreement
538411_1 ITEM NO.�
AMENDMENT NO. 1
TO
CONSULTING SERVICES AGREEMENT
Loss Control and Regulatory Compliance Services, Keenan & Associates
(Agreement No. 5862)
THIS FIRST 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 day
of , 2011 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 through June 30, 2012.
B. Section 3.3 of the Agreement provides that the Agreement may be amended at any
time with the mutual written consent of the Partiesfor 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 $50,450 for the period July 1, 2011 through June 30, 2012.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the Parties agree as follows:
AGREEMENT
1. Amendment to Section 1.1 Exhibit "A" of the Agreement entitled "Scope of Services":
Exhibit"A" of the Agreement is hereby amended to include the following additional services,which
shall read as follows:
SCOPE OF WORK: Consultant shall provide on-site Loss Control consulting services to the Cityfor
eight (8) hours per day, two (2) days per week.
2. Amendment to Section 3 1 Exhibit "A" of the Agreement entitled "Compensation of
Consultant": Exhibit "A' of the Agreement, concerning total compensation, ishereby 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"A", $50,450 for the additional on-site Loss Control services forthe period
of July 1, 2011 through June 30, 2012, and the total compensation under the agreement
shall not exceed $124,500.
3. 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:
"Schedule of Performance:
Effective July 1, 2011 thru June 20, 2012, Consultant shall provide on-site Loss Control 02
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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 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.
[SIGNATURES ON NEXT PAGE]
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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:
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California I
County of i____`
On before me, _.
CA. - }Iae 4 Ml Nana AM TO 0 Ta all.
personally appeared _ _._._ Nma;ato sgaagal
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
he/sha/they executed the same in histherltheir authorized
capacity(ies), and that by hisftw/their sigrtaluie(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s)acted,executed the Inatrument
I certify 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.
Plus wy s&A AD Signature sgwNre Cl Nmuy NW
OPTIONAL
Though me information below is not requPed by law,N may prove valUaMe to parsons ralyarg on Me documerrt
and could prevent froudulani removal and reatachmenr of this loan to anolher document.
Description of Attached Document
Title or Type of Document:
Document Date: ...__._____.. —.-_--_Number of Pages.
Signers)Other Than Named Abovs:
Capecity(ies)Claimed by Signer(s)
Signet's Name:_ __. Signer's Name:
individual ❑Individual
7 Corporate Officer—Title($); Corporate Otftoer—Titfe(s): ._._.._.
Partner—U Limited U General C Partner—L2 Limited L General
D Attorney in Fact ❑Attorney in fact
0 Trustee C;�Trustee ToA�N tivc^.A>Nara
.0 Guardian or Conservator 7-Guardian or Conservator
❑ Other. �oC d Turno Tee__....._..„._. Other:
Signer Is Representing: Signer Is Representing:
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IN WITNESS WHEREOF, the City and the Consultant have caused this Agreement to be
executed the day and year first above written.
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