REPORT TO COUNCIL
SUBJECT
Title
Amend an Existing Contract with BSI America Professional Services, Inc. for Safety and Loss Control Related Services (F25-477)
Report
STAFF RECOMMENDATION
Recommendation
Take the following actions:
- Approve an amendment to an existing contract with BSI America Professional Services, Inc. for safety and loss control related services, increasing the amount by $143,714, to a new not-to-exceed amount of $528,714, and extend the contract term through July 11, 2026; and
- Authorize the City Manager to execute the amendment when all conditions have been met.
Report
BASIS FOR RECOMMENDATION
The Safety and Loss Control Program provides environmental health and safety services to support the City in maintaining a safe workplace, providing employee training, and ensuring regulatory compliance.
In 2022, the City conducted a Request for Proposals (RFP) process for Safety and Loss Control Consulting Services from qualified consultants with experience in public entity safety regulatory compliance and administration. The goal was to seek consultants that promote a proactive approach to managing and administering Safety and Loss Control Programs in accordance with California State laws and statutes.
BSI America Professional Services Inc. (BSI) was awarded a three-year contract. The City is approaching the end of the third year of the original three-year contract, which expires July 11, 2025.
Renewing for one additional year is recommended to maintain service continuity, ensure ongoing Cal/OSHA compliance, and build on the consultant’s effective support in reducing workplace incidents, updating safety programs, and strengthening our safety culture. BSI’s familiarity with the City’s operations enables them to deliver tailored guidance and industry best practices without the learning curve that a new provider would typically require. A one-year renewal will also provide time to assess the City’s long-term needs in this area before conducting another procurement.
ENVIRONMENTAL REVIEW
This project is exempt under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
FISCAL IMPACT
Budgeted funds are available for health and safety services in the operating budget in the General Fund under Program 11400 - Human Resources.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the City Hall reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
Levine Act
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating in certain decisions regarding licenses, permits, and other entitlements for use if the official has received a campaign contribution of more than $500 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
An “X” in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
___ Land development entitlements
___ Other permit, license, or entitlement for use
_X_ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract*
___ Labor or personal employment contract
___ Contract under $50,000 or non-fiscal
___ Contract between public agencies
___ General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder.
Staff
Prepared by: David Battaglia, Purchasing Officer
Reviewed by: Matthew Paulin, Director of Finance
Reviewed by: Tina Murphy, Director of Human Resources
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Draft Second Amendment to Consultant Services Agreement