REPORT TO COUNCIL
SUBJECT
Title
Amend an Existing Contract with BSI America Professional Services, Inc. for Safety and Loss Control-Related Services (F24-175)
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 not-to-exceed amount by $140,000, to a new not-to-exceed amount of $385,000;
- Authorize the City Manager to execute the amendment when all conditions have been met; and
- Authorize the City Manager to amend the contract to increase the not-to-exceed amount or scope of work, subject to available budget, if pricing and service remain acceptable to the City
Report
BASIS FOR RECOMMENDATION
The Safety and Loss Control Program provides environmental health and safety services to develop and maintain workplace safety, employee training, and regulatory compliance for the City.
In 2022, the City conducted a Request for Proposals (RFP) process to provide Safety and Loss Control Consulting Services from qualified consultants with experience in public entity safety regulatory compliance and administration, who promote a proactive approach to manage and administer 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 with the option to renew for two additional one-year periods. The City is approaching the end of the second year of the original three-year contract, which expires June 30, 2025.
When BSI assumed responsibilities as the City’s Safety and Loss Control Consultant in 2022, it identified necessary changes to the City’s safety program and Injury and Illness Prevention Plan (IIPP) to remain compliant with legislative changes and Cal/OSHA requirements. These changes were unforeseen but related to safety requirements, and incurred additional costs that were not included in the 2022 RFP.
Additional Safety Program services that staff and BSI identified and completed that were not included in the scope of the original agreement include:
• Comprehensive facility safety inspection reports that identify safety deficiencies and ensure departments are correcting deficiencies in a timely manner.
• Cal/OSHA required safety trainings and audits including:
o Forklift operator certification training for approximately 65 employees, and creation of; a weekly forklift inspection checklist to ensure operating rules required by Cal/OSHA are located onsite.
o Traffic control and Flagger safety training for Public Works employees.
o Annual Title 22 training for Water Pollution Control Plant (WPCP) employees.
o Updates to emergency action plans for all facilities, including the new City Hall and Public Safety Emergency Operations Center (EOC), to bring safety and emergency preparedness up-to date and specific to City facilities.
Furthermore, there have been new State Mandated Safety Programs enacted that require City compliance:
• California Senate Bill 553 Workplace Violence Prevention Program, which required the creation of a new program and interactive training for all City staff to be completed by July 1, 2024.
• Spill Prevention Control and Countermeasure (SPCC) rule to develop, maintain, and implement an oil spill prevention plan for the new EOC, City Hall and upgraded WPCP.
Due to these unforeseen safety requirements, the three-year contract total has been exhausted with one year remaining in the contract. Staff is requesting approval to increase the contract not-to-exceed amount by $140,000, to a new not-to-exceed amount of $385,000.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
FISCAL IMPACT
Budgeted funds are available in the operating budget 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 NOVA Workforce Services 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 $250 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
A check or “Y” 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
___ General policy and legislative actions
Staff
Prepared by: David Battaglia, Purchasing Officer
Reviewed by: Dennis Jaw, Interim Director of Finance
Reviewed by: Tina Murphy, Director of Human Resources
Reviewed by: Jaqui Guzmán, Deputy City Manager
Approved by: Tim Kirby, Interim City Manager
ATTACHMENTS
1. Draft Amendment to Consultant Services Agreement