Attachment 1 - Proposed Third Amendment to the Agreement FINAL2SECOND AMENDMENT TO AGREEMENT
This second AMENDMENT TO AGREEMENT is dated for identification this 16t day of
May, 2016 and amends that certain AGREEMENT FOR CONSULTANT SERVICES dated
February 20, 2013, made by and between the Town of Los Gatos, ("Town,") and EORM, now
referred to as BSI EHS Services and Solutions ("Consultant.").
RECITALS
A. The Town and Consultant entered into an Agreement on February 20, 2013, a copy of which
is attached hereto and incorporated by reference as Attachment 1 to this Amendment.
B. The Town and Consultant entered into a First Amendment to Agreement on September 29,
2014 to add ergonomic evaluation services to the Agreement.
C. The Town and Consultant entered into a Second Amendment to Agreement on September
23, 2015 to extend the term of the Agreement through June 30, 2016.
D. The Town desires to extend the contract through June 30, 2017.
AMENDMENT
1. Section 2.1 "Scope of Services" of the Agreement is hereby amended and incorporated by
reference as Exhibit A.
2. Section 2.2 "Time of Performance" of the Agreement is hereby amended to provide that
the term of the Agreement is for a period of one year, July 1, 2016 through June 30, 2017.
3. "Compensation" of the Agreement is hereby amended to reflect that the Town pays
Consultant an annual fee of $25,300 for the period July 1, 2016 through June 30, 2016 for
a total contract amount not -to -exceed of $25,300.
4. All other terms and conditions of the Agreement effective February 20, 2013 remain in
full force and effect.
Attachment 1
IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment.
TOWN OF LOS GATOS: CONSULTANT:
Laurel Prevetti, Town Manager Date Signature Date
Printed Name and Title
APPROVED AS TO FORM:
Robert Schultz, Town Attorney Date
ATTEST:
Shelley Neis, Clerk Administrator Date
bsi.
Project Authorization Order (PAO)
Order Number: 16-1084 I -( I New Authorization
Date:
EHS Services and Solutions
Change Order to Previous Auth. No.
5/25/16 Expiration Date: 7/31/16
Company Name: Town of Los Gatos Address: 41 Miles Road, Los Gatos, CA
Contact Name: Vilcia Rodriguez
408.399.5718 1
Title: Analyst email: www.losgatosca.gov
Administrative Phone:
Project Title: FY 16-17 Safety and Ergonomics Support
Purpose/Scope/Deliverables
Purpose/Scope/Deliverables
BSI EHS Services and Solutions (BSI) is pleased to present this proposal to the Town of Los Gatos for ongoing
Health & Safety program development, ergonomics, and training support. Additional support may be provided
on a time and materials basis following authorization and an approved change -order request.
Task One: Environmental Health and Safety Program Support
BSI will provide EH&S program support for various technical areas such as Injury and Illness Prevention Program,
Respiratory Protection, Fire Prevention, Job Hazard Analysis, and Heat Illness Prevention. This support will
include provision of monthly safety training "lunch and learn" topics for PPW, and other EH&S training requests
as needed. Work under this task will be prioritized and scheduled in conjunction with Town of Los Gatos
personnel. The time and materials estimate for Task One is $12,100
Task Two: Safety Committee Support
Christine Foster, Principal Consultant will provide guidance and support for Quarterly Safety Committee
meetings. This support will include review of agendas and minutes, attendance at quarterly meetings, and
additional follow up action items in support of these meetings. The time and materials estimate for Task Two is
$3,200.
Task Three: Ergonomic Evaluations with Individual Reports
BSI will provide an ergonomic evaluator to perform detailed ergonomic assessments for individuals at their
office workstations. The deliverable will be a report that identifies ergonomic concern by body part, pictures of
individual workstation, and recommendations to reduce or mitigate the concerns. Recommendations may
include simple workstation adjustments or specific equipment recommendations. The report will be quality
reviewed by a Certified Professional Ergonomist (CPE) prior to submittal to the Town of Los Gatos. All
ergonomic evaluations will include a follow up visit to ensure that equipment has been installed correctly and
that recommendations have been fully implemented.
Professional Fee Option 7A: Senior or Principal Consultant
BSI Group
4 North 2nd Street
Suite 1270
San Jose, CA 95113
BSI Proposal No.16-1084 / 16-1084Town of Los Gatos FY16-17 Support
T:800.790.6236
bsigroup.com
Exhibit A
Vilcia Rodriguez, Town of Los Gatos Page 2
A Senior or Principal Consultant level (7+ years of experience) will perform detailed office ergonomics
assessments. BSI will provide this task as a Fixed Fee of $600/evaluation. A discount of $25/evaluation will be
applied when two or more evaluations are scheduled back to back in the same location.
Professional Fee Option 7B: Associate Consultant
An Associate Consultant level (3+ years of experience) consultant will perform detailed office ergonomics
assessments. BSI will provide this task as a Fixed Fee of $400/evaluation. A discount of $25/evaluation will be
applied when two or more evaluations are scheduled back to back in the same location.
Professional Fee Option 7C: Consulting Specialist
A Consulting Specialist level Consultant (1-2 years of experience) will perform detailed office ergonomics
assessments. BSI will provide this task as a Fixed Fee of $300/evaluation. A discount of $25/evaluation will be
applied when two or more evaluations are scheduled back to back in the same location.
BSI will provide additional ergonomics consulting support as requested. The number of hours and scope of work
will be confirmed via email prior to commencement of any project or support. This support may include
developing a standard product list and order form/process for equipment, identifying and setting up an
alternative vendor for ordering products in addition to using the current vendor for office supplies, reviewing
and updating or creating any process documents or ergonomic program documents, reviewing any planned
designed for new buildings or build outs for ergonomic considerations, general guidance and assistance to run
the ergonomics program. Additional tasks may be completed as requested and will be completed according to
the rate schedule below.
All safety committee and training support will be provided on a time and materials basis according to the rate
schedule summarized below. The rates provided reflect up to a 5-10% discount from our standard fee schedule
rates.
Labor
Principal Consultant
Cost/Hr
$ 250
Senior EHS Consultant
EHS Consultant
Associate EHS Consultant
EHS Specialist
Technician
Mileage
$ 225
$ 190
$ 165
$ 130
$ 115
Federal Rate +20%
BSI Proposal No.16-1084 / 16-1084Town of Los Gatos FY16-17 Support
This proposal is considered Confidential & Proprietary information to BSI Services and Solutions (West) Inc., d/b/a BSI EHS Services and Solutions (BSI). It
shall be used only for consideration of this proposal. Disclosure to other parties outside of client company is prohibited without express written consent
by BSI.
Vilcia Rodriguez, Town of Los Gatos Page 3
One draft version of each deliverable
Other:
Pro ect Budget
X I Time & Materials Estimate
X
Normal sample turnaround (no rush fees)
Not -to -Exceed 15,300
Fixed Fee Not -to -Exceed 7,000
A rescheduling/cancellation fee
%/
unless notice of at least 3 business days is provided.
plus actual expenses
plus actual travel expenses
actual expenses incurred will be applied
Budget Conditions
• After-hours (before 7 am and after 7 pm) and Sat/Sun/Holiday work is billed at 150% of hourly rate; Expert witness/
deposition/ public hearing representation is billed at 200% of hourly rate; Travel time is billed at 100% of hourly rate.
• Travel Expenses (e.g., lodging, airfare, auto rental, meals) are billed at cost plus 5%.
• Authorized Subcontracts, Equipment Rental, Project Supplies/Outside Vendor Services are billed as proposed.
• Automobile Mileage is billed at the federal rate plus 20%.
Estimated completion date: 6/30/17
Christine Foster Jessica Ellison, M.S., CPE, CSP
Prepared by: Principal Consultant Reviewed by: Principal Consultant
Signature: ektiatine gook % Signature: Jeeeica. Eitieaa
Work will be performed pursuant to BSI's Terms and Conditions (attached). BSI cannot commence work until the
following authorization is completed by a client representative duly authorized to approve a Purchase Order or Change
Order in the amount specified above. A signed PO/CO must then be sent to BSI by email, mail or facsimile.
Note: If the PAO will be used in lieu of a PO, please initial here:
PO/CO #:
Name/Title:
Amount:
Phone:
Authorized Signature Date
Client Billing Address
Name:
Payment Terms: Net 15 Days
email:
Attention:
Address:
City: State: Zip:
BSI Proposal No.16-1084 / 16-1084Town of Los Gatos FY16-17 Support
This proposal is considered Confidential & Proprietary information to BSI Services and Solutions (West) Inc., d/b/a BSI EHS Services and Solutions (BSI). It
shall be used only for consideration of this proposal. Disclosure to other parties outside of client company is prohibited without express written consent
by BSI.
Vilcia Rodriguez, Town of Los Gatos Page 4
Terms and Conditions
1.0 Introduction
These Terms and Conditions are incorporated into the BSI Services and Solutions (West) Inc. ("BSI") Project Authorization Order (the "Proposal"). Acceptance by
CLIENT of this Proposal means that it is agreed that a resulting contract exists which governs the performance of the stated services and the rights and
obligations of the parties ("Agreement"). Except as provided in Section 5.0, in the event of any inconsistency between these Terms and Conditions and any
other document, these Terms and Conditions shall prevail. Unless otherwise stated this offer shall remain valid for three (3) months from the Proposal date.
2.0 Standard of Services and Warranty
Services performed by BSI under this Agreement shall be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of
the same profession currently practicing in the same locality under similar conditions. BSI warrants that if any of its completed services fail to conform to the
above professional standard, BSI will, at its own expense, perform corrective services of the type originally performed as may be reasonably required in the
discretion of BSI to correct such defects, of which BSI is notified in writing within six (6) months of the completion of services or delivery of product. No other
representation, express or implied, and no warranty or guarantee is included or intended in this Agreement, or in any report, opinion, document or otherwise.
3.0 Payment Terms
Invoices are due and payable to BSI, at its offices, within fifteen (15) calendar days after receipt of invoice. CLIENT agrees to pay BSI a rebilling fee of one and
one-half percent (1.5%) per month on all amounts not paid within one month after receipt of invoice, and further agrees that while BSI's damage for late
payments are uncertain and difficult to ascertain at this time, said fee is a reasonable estimate of BSI's damage for late payments. BSI may, in addition, suspend
performance if timely payment is not received.
4.0 Client Information
CLIENT warrants the accuracy and completeness of information, (including, but not limited to, representations, specifications, drawings, maps, surveys, reports,
historical land usage and operations, results of previous site investigations and surface or subsurface conditions affecting the site), supplied by it or its agents to
BSI and acknowledges that BSI is relying upon such information or data in the preparation of this Proposal and rendering of services without further verification
by BSI as to its accuracy or completeness. The CLIENT agrees to defend, indemnify and hold BSI harmless for any claims, actions, liabilities or costs, including
reasonable attorneys' fees and court costs ("Indemnification") if information provided by the CLIENT is inaccurate or incomplete in any way.
5.0 Invoicing
Unless otherwise provided in the Proposal, invoices will generally be issued bi-weekly, or upon project completion, whichever occurs first.
6.0 Insurance
B51 declares that it maintains workers' compensation and employer's liability insurance of a form and in an amount as required by the state in which the
services are being performed; other coverages will typically include: commercial general liability with limits of at least $2,000,000 and automobile liability
(including non -owned and hired) insurance with limits of $1,000,000 combined single limit for bodily injury and property damage.
7.0 Instruments of Service
7.1 BSI's Instruments of Service consist of any document or material provided as part of the agreed -upon deliverables under this Agreement. They are
prepared as a Client -Confidential document for the exclusive use of CLIENT (and for internal training by BSI) for the sole purpose described in the scope and
terms of the Instruments of Service, with CLIENT'S distribution on a need -to -know basis utilizing reasonable confidentiality protections ("Authorized Use").
CLIENT waives any claim against BSI and agrees to provide Indemnification for any claim or liability for injury, loss, or costs allegedly arising from any use other
than Authorized Use of BSI's Instruments of Service. CLIENT further agrees to compensate BSI for any time spent or expenses incurred by BSI in defense of such
claim, in accordance with BSI's prevailing fee schedule and expense reimbursement policy.
7.2 Notwithstanding any other provision to the contrary, BSI retains the rights of ownership of any concepts arising from BSI's services.
8.0 Limits of Liability
8.1 CLIENT agrees to limit BSI's liability arising from BSI's professional activity, errors, or omissions, such that the total aggregate liability of BSI shall not
exceed $50,000 or BSI's total fee for the services rendered on the project in question, whichever is greater except when said acts or omissions of BSI are
adjudged to be guilty of gross negligence or willful misconduct by a court of competent jurisdiction.
8.2 CLIENT shall not be liable to BSI and BSI shall not be liable to CLIENT for any consequential damages incurred by either party due to the fault of the other,
regardless of the nature of this fault, or whether it was committed by CLIENT or BSI their employees, agents or subcontractors. Consequential damages include,
but are not limited to, loss of use and loss of profit.
8.3 CLIENT agrees to extend any and all limitations, indemnifications, and waivers provided by CLIENT to BSI to those individuals and organizations BSI retains
for proper execution of the work. These shall be deemed to include, but not necessarily limited to, BSI's officers and employees and their heirs and assigns, as
well as BSI's agents, sub -consultants, and subcontractors and their officers, employees, heirs, and assigns.
9.0 Recruiting of BSI Employees
CLIENT understands that the relationships between BSI and its employees are confidential information, that BSI has invested significant financial and labor
resources in its staff, and that BSI's employees possess or are aware of BSI's confidential business information and trade secrets. Therefore, CLI ENT agrees that
it will not solicit, indirectly or directly, BSI employees of whom CLIENT became aware as a result of the employee's performing services for CLIENT covered by
this Agreement, during the term of this Agreement and for a period of twelve (12) months after termination without written permission from an officer of BSI.
Should CLIENT directly or indirectly solicit and hire away an BSI employee during the performance or within twelve months after the termination of this
Agreement, with or without BSI's consent, CLIENT agrees to pay BSI a conversion fee to compensate BSI for real or potential losses equal to one -hundred
percent (100%) of the employee's current total annual compensation. BSI and CLIENT agree and stipulate that while BSI's losses or damages are difficult to
ascertain, said fee is a reasonable estimate of such losses or damages.
10.0 Dispute Resolution
If any court of competent jurisdiction holds any portion of this Agreement to be invalid or unenforceable, the remaining provisions will nevertheless continue
without impairment. This Agreement is governed by California law and Santa Clara County, California shall be the exclusive jurisdiction for any claim or action
related to BSI's services to CLIENT, with the prevailing party entitled to recover its reasonable attorneys' fees and costs.
11.0 Termination for Convenience
Client or B51 may terminate a project for convenience upon ten (10) days' prior written notice. Provided, however, for a project that is either greater than
$100,000 in value or is scheduled to be longer than three (3) months in duration, the terminating party shall provide the other at least sixty (60) days' prior
written notice of the desired termination date. Upon termination of such project, Client shall pay BSI for all project -authorized fees and expenses due and
accrued as of the desired termination date.
BSI Proposal No.16-1084 / 16-1084Town of Los Gatos FY16-17 Support
This proposal is considered Confidential & Proprietary information to BSI Services and Solutions (West) Inc., d/b/a BSI EHS Services and Solutions (BSI). It
shalt be used only for consideration of this proposal. Disclosure to other parties outside of client company is prohibited without express written consent
by BSI.
CLERK DEPARTMENT
AGR `ij .
111H
ORD
REC
SECOND AMENDMENT TO AGREEMENT RESO
This 2hd AMENDMENT TO AGREEMENT is entered into this 23'3dayof September, 2015
by and between the Town of Los Gatos, ("Town,") and EORM, ("Consultant.")
RECITALS
A. Town and Consultant entered into an Agreement on February 20, 2013, a copy of the
proposed is attached hereto and incorporated by reference as Exhibit A.
B. The Town and Consultant entered into a First Amendment to Agreement dated September
29, 2014, a copy of which is attached hereto and incorporated by reference as Exhibit B.
C. The Town desires to extend the term of the agreement to June 30, 2016.
AMENDMENT
2.1 Scope of Services. Consultant shall provide services as described in that certain written
proposal sent to the Town on September 2, 2015, in addition per the Project Authorization
Order (Attachment 1) thus increasing the Agreement by $21,000.
All other terms and conditions of the Agreement dated February20, 2013 remain in full force
and effect.
IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment.
Town of Los Gatos
By: 4./'%
CONSULTANT
Laurel Prevail Signature
Town Manager ( fI 62.
! Cf
Printed Name and Title
Attachment 1
Recommended By:
R i Portill
Hu an Resources Director
Approved as to Form:
Robert Schultz, Town
2
r_f2, EORM
'}
a BSI Professional Services Company
Project A.uthorizaticm Orcle' (PAO)
Order Number: 15-1191
Date:
xl
New Authorization
1
4 North 2nd Street
Suite 1270
San Jose, CA 95113
800,648.1506
WWw.eur tn. COM
Change Order to Previous Auth. No.
9/2/15 Expiration Date: 6/30/16
Company Name: Town of Los Gatos Address: 41 Miles Ave, Los Gatos, CA 95030
Human Resources Phone: (408) 354-6829
Contact Name: Rumi Portillo Title: Director
email: rportiliotlosgatosca.gov
Project Title: Safety and Health Program Development Support — 2015-2016
Purpose/Scope/Deliverables
Environmental and Occupational Risk Management, Inc. (EORM®) is pleased to present this proposal to the Town
of Los Gatos for ongoing Health & Safety program development and training support. Additional support may be
provided on a time and materials basis following authorization and an approved change -order request.
Task One: Environmental Health and Safety Program Support
EORM will provide EH&S program support for various technical areas such as injury and Illness Prevention
Program, Confined Space Entry, Electrical Safety, Machine and Equipment Safety, Respiratory Protection, Fire
Prevention, and Heat Illness Prevention. This support will include provision of monthly safety training "lunch and
learn" topics for PPW, and other EH&S training requests as needed. Work under this task will be prioritized and
scheduled in conjunction with Town of Los Gatos personnel. The time and materials estimate for Task One is
$9,400.
Task Two: Safety Committee Support
Christine Foster, Principal Consultant will provide guidance and support for Quarterly Safety Committee
meetings. This support will include review of agendas and minutes, attendance at quarterly meetings, and
additional follow up action items in support of these meetings. The time and materials estimate for Task Two is
$3,600.
Task Three: Ergonomic, Evaluations with Individual Reports
EORM will provide an ergonomic evaluator to perform detailed ergonomic assessments for individuals at their
office workstations. EORM will utilize the Cartevia Ergonomics Tool to identify risk factors associated with office
workstations. The deliverable will be a report that identifies ergonomic concern by body part, pictures of
individual workstation, and recommendations to reduce or mitigate the concerns. Recommendations may
include simple workstation adjustments or specific equipment recommendations. The report will be quality
reviewed by a Certified Professional Ergonomist (CPE) prior to submittal to the Town of Los Gatos.
Professional Fee Option 7A: Senior of PIirtcipai Consultant
A Senior or Principal Consultant level (7+ years of experience) will perform detailed office ergonomics
assessments. EORM will provide this task as a Fixed Fee of $400/evaluatlon. A discount of $25/evaluation
will be applied when two or more evaluations are scheduled back to back in the same location.
EORM Proposal No 15-1191 1 Town of Los Gatos Support FY15-16
This propc+srt s consider@ci confidential & Pt'cpr.Ptary irrtOriii tion to I'nvironnte flit w t Occupational Fisk R'atvationoO . lilc. irrlr1AAI It
for consicei Bt ice) or +.h+:: plc pc>al. Oisciosure tc! o:hc:r parries out5ioe of ciic,ni canpany is orOhltlited withoult express o:ri:ten
ATTACHMENT 1
Rumi Portillo, Town of Los Gatos Page 2
Professional Fee Option 7B: Associate Consultant
An Associate Consultant level (3+ years of experience) consultant will perform detailed office ergonomics
assessments. EORM will provide this task as a Fixed Fee of $300/evaluation. A discount of $25/evaluation
will be applied when two or more evaluations are scheduled back to back in the same location.
Professional FeE Option 7C: Consulting Specialist
A Consulting Specialist level Consultant (1-2 years of experience) wilt perform detailed office ergonomics
assessments. EORM will provide this task as a Fixed Fee of $250/evaluation. A discount of $25/evaluation
will be applied when two or more evaluations are scheduled back to back in the same location.
EORM will provide additional ergonomics consulting support as requested. The number of hours and scope of
work will be confirmed via email prior to commencement of any project or support. This support may include
developing a standard product list and order form/process for equipment, identifying and setting up an
alternative vendor for ordering products in addition to using the current vendor for office supplies, reviewing and
updating or creating any process documents or ergonomic program documents, reviewing any planned designed
for new buildings or build outs for ergonomic considerations, general guidance and assistance to run the
ergonomics program. Additional tasks may be completed as requested and will be completed according to the
rate schedule below.
The time and materials estimate for Task Seven is $8,000.
Support will be provided on a time and materials basis according to the rate schedule summarized below.
The rates provided reflect up to a 5-10% discount over our standard fee schedule rates.
Labor Cost/Hr
I Principal Consultant $ 225
Senior EHS Consultant $ 200
EHS Consultant $ 180
Associate EHS Consultant $ 155
i EHS Specialist $ 120
Technician $ 100
Mileage j Federal Rate+20% �7
Assumptions
X
One draft version of each deliverable
Other:
Project Budget
X
Time & Materials Estimate
Fixed Price
A rescheduling/cancellation fee of
X
Normal sample turnaround (no rush fees)
Not -to -Exceed $21,000
Not -to -Exceed
25 %/
unless notice of at least 5 business days is provided.
plus actual expenses
plus actual travel expenses
actual expenses incurred will be applied
EORM Proposal No. i5.1191 /
This p. oposal is iansidi red : on?life:ltigl & Proprietary information to Environmental and Occupational i oi; management, tnc (LO M). It shall be used oniy
!Cr co95ider2ticr of th:s proposal t)lsc!osure to other Side of client company is prohibited without express wubrer consent by roan.
F2urni Poi -hIlu. Town of Los Gatos Page 3
Budget Conditions
• After-hours (before 7AM and after 7PM) and Sat/Sun/Holiday work is billed at 150% of hourly rate; Expert witness/
deposition/ public hearing representation is billed at 200% of hourly rate; Travel time is billed at 100% of hourly rate.
• Travel Expenses (e.g., lodging, airfare, auto rental, meals) are billed at cost plus 5%.
• Authorized Subcontracts, Equipment Rental, Project Supplies/Outside Vendor Services are billed as proposed.
• Automobile Mileage is billed at the federal rate plus 20%.
Estimated completion date: 6/30/2016
Christine Foster Jessica Ellison
Prepared by: N. California Regional Manager Reviewed by: N. California Operations Manager
Signature: ef}xiotine.oatten Signature: Jeoaica.Wiean
EORM Proposal No. 15-1 19 1 /
fhb launnsal is ccns:derid Confidential & Proprietary intosmaliwt to L rivkann:enial 2nri O,cupaliona: Risk Management, inc_ (kORM). Il shall be used only
fnt consideration of ibis proposal. Disclosure to other parties outside of client e.onrpany is prohibited without express written consent by For.rM
CLERK DEPAR'lMEIT
ACE 13 • Q a
111H
AGREEMENT FOR CONSULTANT SERVICES ORD
THIS AGREEMENT is dated for identification on February 20, 2013 by andEEC
been TOWN n>a
LOS GATOS, a California municipal corporation, ("Town") and EORM, ("Consultant"), whose
address is 4 North Street, San Jose, CA 95113. This Agreement is made with reference to the
following facts.
I. RECITALS
1.1 The Town desires to engage Consultant to provide ongoing Health & Safety program
development and training and support.
1.2 The Consultant represents and affirms that it is willing to perform the desired work pursuant
to this Agreement.
11. AGREEMENTS
2.1 Scope of Services. Consultant shall provide services as described in that certain written
proposal sent to the Town on February 04, 2013, which is hereby incorporated by reference
and attached as Exhibit A.
2.2 Term and Time of Performance. This contract will remain in effect from February 28, 2013
to June 30, 2015. Consultant shall develop customized comprehensive Safety Programs
that meet all Cal -OSHA requirements for the following programs as described in this
agreement:
2.2.1. Develop a written permit -required confined space program,
2.2.2. Develop a comprehensive Electrical Safety Program using National Fire Protection
Agency (NFPA) 70E, and Cal -OSHA regulations guidelines as documents.
2.2.3. Develop a Written Respiratory Protection Program in accordance with the California
Code of Regulations, Title 8, and Section 5144.
2.2.4. Provide respirator fit testing for Community Development, Parks and Public Works,
and Police Department employees at a rate of $105.00/hour.
22.5. Create a written lockout/tag out (LOTO) program conforming to the requirements in
California Code of Regulations (CCR) Title 8, Section 3314(g).
2.2.6. Develop a written fall protection program based on the requirements in 8 CCR
Section 3200 and 3400.
2.2.7. Consultant will provide ergonomic evaluator to perform detailed ergonomics
assessment for individuals at their office workstations utilizing the Cartevia
Ergonomics Tool to identify risk factors associated with office workstations. Each
site visit shall be a fixed rate of $400.00 per evaluation. A discount of
525.00/evaluation will be applied when two or more evaluations are scheduled back
to back in the same location.
2.2.8. Consultant will provide on -call as needed EH&S and Risk management support for
the Town of Los Gatos. All additional work will be provided according to the rate
schedule noted in Exhibit A.
CUSEIM OOLLO. OSGATOSCMAPPDATAILOGLIMICROSOFINWINDOwS1TEMPORAAY[NLERNETF71E51CONENC.0ULOOKWN567DDOUSORLiHEALTHANDSAFE Y
PROGRAM DEVELOPMENAND TEAMING SUPPORT 2012_13.RTp
EXHIBIT A
2.8 Availability of Records, Consultant shall maintain the records supporting this billing for
not less than three years following completion of the work under this Agreement.
Consultant shall make these records available to authorized personnel of the Town at the
Consultant's offices during business hours upon written request of the Town,
2.9 Assignability and Subcontracting. The services to be performed under this Agreement are
unique and personal to the Consultant. No portion of these services shall be assigned or
subcontracted without the written consent of the Town,
2.10 Independent Contractor. It is understood that the Consultant, in the performance of the
work and services agreed to be performed, shall act as and be an independent contractor and
not an agent or employee of the Town. As an independent contractor he/she shall not obtain
any rights to retirement benefits or other benefits which accrue to Town employee(s). With
prior written consent, the Consultant may perform some obligations under this Agreement
by subcontracting, but may not delegate ultimate responsibility for performance or assign or
transfer interests under this Agreement. Consultant agrees to testify in any litigation brought
regarding the subject of the work to be performed under this Agreement. Consultant shall
be compensated for its costs and expenses in preparing for, traveling to, and testifying in
such matters at its then current hourly rates of compensation, unless such litigation is
brought by Consultant or is based on allegations of Consultant's negligent performance or
wrongdoing.
2.11 Conflict of Interest. Consultant understands that its professional responsibilities are solely
to the Town. The Consultant has and shall not obtain any holding or interest within the
Town of Los Gatos. Consultant has no business holdings or agreements with any individual
member of the Staff or management of the Town or its representatives nor shall it enter into
any such holdings or agreements. In addition, Consultant warrants that it does not presently
and shall not acquire any direct or indirect interest adverse to those of the Town in the
subject of this Agreement, and it shall immediately disassociate itself from such an interest,
should it discover it has done so and shall, at the Town's sole discretion, divest itself of such
interest. Consultant shall not knowingly and shall take reasonable steps to ensure that it
does not employ a person having such an interest in this performance of this Agreement. If
after employment of a person, Consultant discovers it has employed a person with a direct
or indirect interest that would conflict with its performance of this Agreement, Consultant
shall promptly notify Town of this employment relationship, and shall, at the Town's sole
discretion, sever any such employment relationship.
2.12 Equal Employment Opportunity. Consultant warrants that it is an equal opportunity
employer and shall comply with applicable regulations governing equal employment
opportunity. Neither Consultant nor its subcontractors do and neither shall discriminate
against persons employed or seeking employment with them on the basis of age, sex, color,
race, marital status, sexual orientation, ancestry, physical or mental disability, national
origin, religion, or medical condition, unless based upon a bona fide occupational
qualification pursuant to the California Fair Employment & Housing Act.
III. INSURANCE AND INDEMNIFICATION
CAUSEREUNEISLAPPDATAU.00AL MICRDSOFOWINDOWSITEMPQ AAY INTERNET F LESX;ONTLwr.ok outoouxErws oRM mark) AND SAIUI Y PROGRAM
T)E VELOPMENT AM.) TRAINING SUPPORT 2012 11.R1T
3.2 All Coverages. Each insurance policy required in this item shall be endorsed to state that
coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except
after thirty (30) days' prior written notice by certified mail, return receipt requested, has
been given to the Town. Current certification of such insurance shall be kept on file at all
tunes during the term of this agreement with the Town Clerk.
3.3 Workers' Compensation. In addition to these policies, Consultant shall have and maintain
Workers' Compensation insurance as required by California Iaw and shall provide evidence
of such policy to the Town before beginning services under this Agreement. Further,
Consultant shall ensure that all subcontractors employed by Consultant provide the required
Workers' Compensation insurance for their respective employees.
3.4 Indemnification. The Consultant shall save, keep, hold harmless and indemnify and defend
the Town its officers, agent, employees and volunteers from all damages, liabilities,
penalties, costs, or expenses in law or equity that may at any time arise or be set up because
of damages to property or personal injury received by reason of, or in the course of
performing work which may be occasioned by a willful or negligent act or omissions of the
Consultant, or any of the Consultant's officers, employees, or agents or any subconsultant.
IV. GENERAL TERMS
4.1 Waiver. No failure on the part of either party to exercise any right or remedy hereunder
shall operate as a waiver of any other right or remedy that party may have hereunder, nor
does waiver of a breach or default under this Agreement constitute a continuing waiver of a
subsequent breach of the same or any other provision of this Agreement.
4.2 Governing Law. This Agreement, regardless of where executed, shall be governed by and
construed to the laws of the State of California. Venue for any action regarding this
Agreement shall be in the Superior Court of the County of Santa Clara.
4.3 Termination of Agreement. The Town and the Consultant shall have the right to terminate
this agreement with or without cause by giving not less than fifteen days (15) written notice
of termination. In the event of termination, the Consultant shall deliver to the Town all
plans, files, documents, reports, performed to date by the Consultant. In the event of such
termination, Town shall pay Consultant an amount that bears the same ratio to the
maximum contract price as the work delivered to the Town bears to completed services
contemplated under this Agreement, unless such termination is made for cause, in which
event, compensation, if any, shall be adjusted in light of the particular facts and
circumstances involved in such termination.
4.4 Amendment. No modification, waiver, mutual termination, or amendment of this
Agreement is effective unless made in writing and signed by the Town and the Consultant.
4.5 Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be
entitled to reasonable attomey's fees, including costs of appeal.
CAUSEHAVDLTEROAPPDATA‘LOCALVAICROSOFTMINDOWSTrEalroRARy arrauzer mescaNIENTOUTLOOKIVQ3MB7A3VOItAtIiEALMANDSAFETYPROGRAM
DEVELOPMENT AND TRAINING SUPPORT 2012 13 (2}RTP
IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement.
Town of Los Gatos by:
Greg Larsa own Manager
Recommended by:
CPO / Make i 1 ?Viva i e4L
Todd Capurso, Parks and Public Works Title
Director
Consultant, by:
l'-)(An;4-N2e i Coo
Approved as to Form:
Judith J.
CALISEEMWOLTERMAPPDATA4.00ALWECROSOF W/IN OWStTEMPORARY INTERNETFTIE SCONWET,OUTLOOKWQMEZAIIE!ORM HEALTH AHD SAFETY PRO09.A),t
OEVELONAEHP AND TR AMINO SUPPOBC( 2011 13 (2}RTF
EXHIBIT A
EORM'
Environmental, Health, Safety
and &ueteinabUity Consulting
Project Authorization Order (PAO)
Order Number: 12.0986
Date: 2/4/2013
New Authorization
Expiration Date:
4 North 2nd Street
Suite 1270
San Jose, CA 95113
800.648.1508
www.eorm.com
Change Order to Previous Auth. No.
3/31/2013
Company Name: Town of Los Gatos Address: 41 Miles Ave, Los Gatos, CA 95030
Phone: (408) 761-4547
Contact Name: Steve Regan Title: PPW Superintendent email: sregan@losgatosce.pv
Project Title: Safety and Health Program Development Support
Purpose/Scope/Deliverables
Environmental and Occupational Risk Management, Inc. (EORM) is pleased to present this proposal to the Town
of Los Gatos for ongoing Health & Safety program development and training support. Additional support may be
provided on a time and materials basis following authorization and an approved change -order request.
Task One: Confined Space Program Development
EORM will develop a written permit -required confined space program, customized to Los Gatos operations,
spaces, and employees. The development of this written program wilt begin with an inventory of potential
confined spaces at the facility and an evaluation of current operations. EORM will determine which of these
spaces might be considered "Permit Required Confined Spaces", and which may require entry by staff or
contractors. A single draft of the written program will be provided in editable format (MS Word). Training
requirements will then be determined based upon the confined space Inventory and operations review. The
time and materials estimate for Task One is $5,000.
Task Two Electrical Safety Program Development
EORM will resource a Senior Consultant experienced in electrical safety to develop a customized, comprehensive
Electrical Safety Program using National Fire Protection Agency (NFPA) 70E, and Cal -OSHA regulations as
guideline documents. The program will include requirements such as employee/employer responsibilities,
energized vs. de -energized work, training, designation of authorized electrical workers (qualified persons),
requirements for hazard analysis procedures, personal protective equipment, energized electrical hot work
permit requirements, preventive maintenance of electrical equipment, etc. Note: the written program will NOT
include task or equipment specific procedures for energized work, but will provide policy for development of
such procedures. One editable, draft version of the written program will be provided. EORM expects up to one
onsite meeting with Town of Los Gatos stakeholders to confirm electrical work tasks, existing, and proposed
controls. Project management and quality review of the program will be provided by a Senior Consultant. The
time and materials cost estimate for Task Two is $4,500.
EORM Proposal No. 12.0986 / 12 0986 Los Gatos Safely and Health Program Development Support
This proposal is nonsiriered Confidential & Proisnetary Information to Environmental and occupational Risk Management, Inc (EORM). it shalt be used only
for consideration of this proposal Disclosure to other parties outside Oi client company is prohibited without express written consent by EORM.
Steve Regan, Taws of Los Gatos Page 2
Task Three: Respiratory Protection Program Development and Training
EORM will develop a Written Respiratory Protection Program in accordance with the California Code of
Regulations, Title 8, and Section 5144: "Respiratory Protection", in order to properly determine the respiratory
protection needed for PPW employees, EORM will conduct a review of PPW herbicide MSDS sheets, and will
conduct industrial hygiene monitoring for dust exposure for up to three representative employees. Following the
monitoring and program development, EORM will develop and deliver a customized respiratory protection
training class. The training class will be conducted In accordance with the requirements contained in Title 8,
California Code of Regulation (CCR), Section 5144(k), and will last approximately 45-60 minutes. The time and
materials estimate for Task Three Is $6,000.
Task Four: Respirator Fit Testing
EORM will provide respirator fit testing for PPW, CDD, and PD department employees at a rate of $105/hour. It
is estimated that 2 PD employees can be completed in one hour, and 3 PPW/CDD employees can be completed in
one hour. Based on the estimated number of employees provided by the police department, EORM estimates
between 20 and 22 hours to complete fit testing. An additional three to four hours would be needed to complete
fit testing for PPW staff. The time and materials estimate for Task Four is $3,500.
Task Five: Control of Hazardous Energy (LockoutiTagout) and Training
EORM will create a written lockout/tagout (LOTO) program that conforms to the requirements in California Code
of Regulation (CCR) Title 8, Section 3314(g), as well as a generic equipment specific lockout/tagout procedure.
Thls will require one site visit to examine the equipment subject to lockout/tagout and interview representative
employees to determine current policy and procedure. This does not Include the development of equipment
specific procedures for each piece of equipment that requires maintenance. EORM will also develop and conduct
one training class to cover both general awareness and the specific requirements of California Code of Regulation
(CCR) Title 8, Section 3314(g). The time and materials estimate for Task Five is $5,000.
Task Six: Fall Protection Program Development and Training
EORM will develop a written fail protection program based on the requirements In 8 CCR Sections 3200 and 3400
for the Town of Los Gatos PPW group. This program will include specific information related to the use of the
aerial lift truck. Following the program development, EORM will develop and deliver one 2.5 hour training session
that will include the requirements of the written program as well as hands on practice using the Town's fall
protection equipment. The time and materials estimate for Task Six is $4,000.
Task Seven: Ergonomic Evaluations with Individual Reports
EORM will provide an ergonomic evaluator to perform detailed ergonomic assessments for individuals at their
office workstations, EORM wilt utilize the Cartevia Ergonomics Tool to identify risk factors associated with office
workstations. The deliverable will be a report that Identifies ergonomic concern by body part, pictures of
individual workstation, and recommendations to reduce or mitigate the concerns. Recommendations may
include simple workstation adjustments or specific equipment recommendations. The report will be quality
reviewed by a Certified Professional Ergonomist (CPE) prior to submittal to the Town of Los Gatos.
Professional Fee Option 7A: Principal Consultant
A Principal Consultant level CPE (7+ years of experience) will perform detailed office ergonomics
assessments. EORM will provide this task as a Fixed Fee of $400/evaluation. A discount of
$25/evaluation will be applied when two or more evaluations are scheduled back to back in the same
location.
EORM Proposal No. 12.09861 12 0986 Los Gatos Safety and Health Program Development Support
t his proposal b. considered C mfidenttal & Proprietary information to Environmental and Dritipational Risk Management, Inc. (EORM). it shall be used only
for consideration of this proposal. Disclosure to other parties outside of dent company is prohibited without express written consent by FDRM,
Sieve Regan, Town of Los Gatos Page 3
Professional Fee Option 713: Associate Consultant
An Associate Consultant level (3+ years of experience) consultant will perform detailed office ergonomics
assessments. EORM will provide this task as a Fixed Fee of $300/evaluation, A discount of
$25/evaluation will be applied when two or more evaluations are scheduled back to back in the same
location.
Professional Fee Option 7C: Consulting Specialist
A Consulting Specialist level Consultant (1-2 years of experience) will perform detailed office ergonomics
assessments. EORM will provide this task as a Fixed Fee of $250/evaluation. A discount of
$25/evaluation will be applied when two or more evaluations are scheduled back to back in the same
location.
EORM will provide additional ergonomics consulting support as requested. The number of hours and scope of
work will be confirmed via email prior to commencement of any project or support, This support may Include
developing a standard product list and order form/process for equipment, Identifying and setting up an
alternative vendor for ordering products in addition to using the current vendor for office supplies, reviewing and
updating or creating any process documents or ergonomic program documents, reviewing any planned designed
for new buildings or build outs for ergonomic considerations, general guidance and assistance to run the
ergonomics program. Additional tasks may be completed as requested and will be completed according to the
rate schedule below.
Task Eight: Miscellaneous EHS Consulting
FORM will provide on -call, as needed EH&S and Risk Management support for the Town of Los Gatos, This
support may include, but is not limited to Workers Compensation data analysis and recommendations, safety
committee meeting fadlitatlon, ergonomics, safety training, and industrial hygiene monitoring. All support will
be authorized by Steve Regan, PPW Superintendent, Rumi Portillo, HR Director, or another authorized Town of
Los Gatos employee, and a Not to Exceed estimate will be provided before initiating any project work. AR work
will be provided according to the rate schedule noted below.
EORM Proposal No. 12.17986 / 12 0886 Los Gatos Safety and Health Program Development Support
This proposal is considered Confidential & Proprietary information to Environmental and Occupational Risk Management, Inc. (FORM). It shall be used only
for consideration of tilts proposal. Oisciesure to other parties outside of client company Is prohibited without express written consent by EORM.
Steve Regan, Town of Los Gatos Page 4
Support will be provided on a time and materials basis according to the rate schedule surnmarized below. The
rates provided reflect up to a 5-10% discount over our standard fee schedule rates.
Labor.
Cost/Hr
Principal Consultant
$225
Senior E115 Consultant
$200
EHS Consultant
$180
Associate EHS Consultant
$155
EHS Spedaiist
$120
Technician
$100
Mileage
Federal Rate +20%
Assumptions
1 One draft version of each deliverable
C
Other:
Normal sample turnaround (no rush fees)
Pro ect Budget
X Time & Materials Estimate Not -to -Exceed $28,000
Foxed Price
plus actual expenses
Not -to -Exceed plus actual travel expenses
A rescheduling/cancellation fee of I I 25 %/ L J actual expenses incurred will be applied
unless notice of at least 5 business days is provided.
Budget Conditions
• After-hours (before 7AM and after 7PM) and Sat/Sun/Holiday work is billed at 150% of hourly rate; Expert witness/
deposition/ public hearing representation is billed at 200% of hourly rate; Travel time is billed at 100% of hourly rate.
• Travel Expenses (e.g., lodging, airfare, auto rental, meats) are billed at cost plus 5%.
• Authorized Subcontracts, Equipment Rental, Project Supplies/Outside Vendor Services are billed as proposed.
• Automobile Mileage is billed at the federal rate plus 20%.
Estimated completion date: 4/30/Z013
Christine Wolter Jessica Ellison
Prepared by: N. California Regional Manager Reviewed by: N. California Operations Manager
Signature: eAda `ias Wolfe% Signature: jeoeica Widen
EORM Proposal No. 12.0986112 0986 Los Gatos Safety and Health Program Development Support
This proposal is considered Confidential & Proprietary httormation to trwironmental and Occupational Risk management, Mc. (FORM). It shat be used only
for consideration of this proposal. Disclosure to other parties omadde of client company is prohibited without express written consent by EORM.
Steve Regan. Town of Los Gatos Page 5
FORM Proposal No. 12.0986112 0986 Los Gatos Safety and Health Program Development Support
Ibis proposal is considered Confidential & Proprietary information to Environmental and Occupational Risk Management, Inc. (EOM), it shelf be used only
for consideration of this proposal. Disclosure to other parties outside of dfent company is prohibited without express written consent by EORM.
CUM]; [X,lEP. RTi��1F1 .1.
A
ilJfiri `!
ORD
FIRST AMENDMENT TO AGREEMENT 1,[(
This 1s` AMENDMENT TO AGREEMENT is dated for ideni `"eation-this `h_day.ef.
September 2014 and amends that certain AGREEMENT FOR CONSULTANT SERVICES dated
February 20, 2013, made by and between the Town of Los Gatos, ("Town,") and FORM,
("Consultant.")
RECITALS
A. Town and Consultant entered into an Agreement on February 20, 2013, a copy of which is
attached hereto and incorporated by reference as Attachment 1 to this Amendment.
B. Town desires to add ergonomic evaluation services to the Agreement.
AMENDMENT
2.1 Scope of Services. Consultant shall provide services as described in that certain written
proposal sent to the Town on February 4, 2013, in addition per the Project Authorization
Order (Attachment 2) thus increasing the Project Budget by $21,000.
All other terms and conditions of the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment.
Town of Los Gatos
By:
Greg Larson
Town Manager
mmended B
R rni Portillo
Hu ' an Resources irector
Dcpart mept Approval:
Maft+lorle C
Parks & Public Works Director.
Approved as to F
Robert Schultz, Town orney
CONSULTANT
By:_f
Signature
Printed Name and Tide
EXHIBIT B
62 EORM'
Environmental, Health, Safety
and Sustainability Consulting
Project Authorization Order (PAO)
Order Number: 14.0832
Date:
X
4 North 2nd Street
Suite 1270
San Jose, CA 95113
800.648.1506
www.eorm.com
New Authorization Fl Change Order to Previous Auth. No.
9/26/2014 Expiration Date: 12/31/2014
Company Name: Town of Los Gatos Address: 41 Miles Ave, Los Gatos, CA 95030
Contact Name: Rumi Portillo
Human Resources Phone: (408) 354-6829
Title: Director email: rportiiloplosgatosca.gov
Project Title: Safety and Health Program Development Support — 2014-2015
Purpose/Scope/Deliverables
Environmental and Occupational Risk Management, Inc. (EORM®) is pleased to present this proposal to the Town
of Los Gatos for ongoing Health & Safety program development and training support. Additional support may be
provided on a time and materials basis following authorization and an approved change -order request.
Task One: Electrical Safety Program Development
EORM will resource a Senior Consultant experienced in electrical safety to finalize a customized, comprehensive
Electrical Safety Program using National Fire Protection Agency (NFPA) 70E, and Cal -OSHA regulations as
guideline documents. The development of this program was started during FY2014-2015, but was not finalized
due to other safety program priorities. The program will include requirements such as employee/employer
responsibilities, energized vs. de -energized work, training, designation of authorized electrical workers (qualified
persons), requirements for hazard analysis procedures, personal protective equipment, energized electrical hot
work permit requirements, preventive maintenance of electrical equipment, etc. Note: the written program will
NOT include task or equipment specific procedures for energized work, but will provide policy for development
of such procedures. One editable, draft version of the written program will be provided. EORM expects up to one
onsite meeting with Town of Los Gatos stakeholders to confirm electrical work tasks, existing, and proposed
controls. Project management and quality review of the program will be provided by a Senior Consultant.
The time and materials cost estimate for Task Two is $2,000.
Task Two: Respiratory Protection Program Development and Training
EORM will develop a Written Respiratory Protection Program in accordance with the California Code of
Regulations, Title 8, and Section 5144: "Respiratory Protection", In order to properly determine the respiratory
protection needed for PPW employees, EORM will conduct a review of PPW herbicide MSDS sheets, and will
conduct industrial hygiene monitoring for dust exposure for up to three representative employees. Following the
monitoring and program development, EORM will develop and deliver a customized respiratory protection
training class. The training class will be conducted in accordance with the requirements contained in Title 8,
California Code of Regulation (CCR), Section 5144(k), and will last approximately 45-60 minutes.
The time and materials estimate for Task Three is $4,000.
Task Three: EH&S Training Requirements Matrix
EORM will compete the development of a training matrix for the Town of Los Gatos, to document the EH&S
training requirements within each Town Department. This project was started In early 2014 as part of an action
CORM Proposal No. 14-0832 / 14-0832 Town of Los Gatos Support FY14-15 071414
This proposal is considered Confidential & P oprietary information to Environmental and Occupational Rtsh Manaaen:ent. inc. fEORMI. It shall be used only
fo: Consideration of this proposal. Disclosure to other parties outside of client company is prohibited without express written consent by EORM
Rumi Portillo, Town of Los Gatos Page 2
item from the Town Safety Committee. EORM will complete this matrix and work with Town staff to integrate
this information into the training management system.
The time and materials estimate for Task Five is $2,000.
Task Four: Evacuation Chair Training
EORM will provide a customized training for Town of Los Gatos staff on the use of evacuation chairs installed in
Town buildings. Each training will be up to 1 hour in length and will include some hands-on practice for
employees who may use the chairs. EORM assumes a total of 3 training sessions will be provided.
The time and materials estimate for Task Six is $1,400.
Task Seven: Ergonomic Evaluations with Individual Reports
FORM will provide an ergonomic evaluator to perform detailed ergonomic assessments for individuals at their
office workstations. EORM will utilize the Cartevia Ergonomics Tool to identify risk factors associated with office
workstations. The deliverable will be a report that identifies ergonomic concern by body part, pictures of
individual workstation, and recommendations to reduce or mitigate the concerns. Recommendations may
include simple workstation adjustments or specific equipment recommendations. The report will be quality
reviewed by a Certified Professional Ergonomist (CPE) prior to submittal to the Town of Los Gatos,
Professional Feb Option 7A: Principal Consultant
A Principal Consultant level CPE (7+ years of experience) will perform detailed office ergonomics
assessments. EORM will provide this task as a Fixed Fee of $400/evaluation. A discount of $25/evaluation
will be applied when two or more evaluations are scheduled back to back in the same location.
Professional Fee Option 7B: Associate Consultant
An Associate Consultant level (3+ years of experience) consultant will perform detailed office ergonomics
assessments. EORM will provide this task as a Fixed Fee of $300/evaluation. A discount of $25/evaluation
will be applied when two or more evaluations are scheduled back to back in the same location.
Professional Fee Option 7C: Consulting Specialist
A Consulting Specialist level Consultant (1-2 years of experience) will perform detailed office ergonomics
assessments. FORM will provide this task as a Fixed Fee of $250/evaluation. A discount of $25/evaluation
will be applied when two or more evaluations are scheduled back to back in the same location.
EORM will provide additional ergonomics consulting support as requested. The number of hours and scope of
work will be confirmed via email prior to commencement of any project or support. This support may include
developing a standard product list and order form/process for equipment, identifying and setting up an
alternative vendor for ordering products in addition to using the current vendor for office supplies, reviewing and
updating or creating any process documents or ergonomic program documents, reviewing any planned designed
for new buildings or build outs for ergonomic considerations, general guidance and assistance to run the
ergonomics program. Additional tasks may be completed as requested and will be completed according to the
rate schedule below.
The time and materials estimate for Task Seven is $8,000.
Task fright: Miscellaneous EHS Consulting
EORM will provide on -call, as needed EH&S and Risk Management support for the Town of Los Gatos.
This support may include, but Is not limited to Workers Compensation data analysis and recommendations,
safety committee meeting facilitation, ergonomics, safety training, and industrial hygiene monitoring. All support
will be authorized by Steve Regan, PPW Superintendent, Rumi Portillo, HR Director, or another authorized Town
EORM Proposal No 14-0832 ! 14-0832 Town of Los Gatos Support FY14-15 071414
This proposal is considered Confidential & Proprietary information to Environrnental and Occupational Risk Management, Inc fFORM). It shall be used only
for consideration or this proposal. Disclosure to other parties outside of client company is prohibited without express written consent by CORM.
Rumi PortUlo, Town of Los Gatos Page 3
of Los Gatos employee, and a Not to Exceed estimate will be provided before initiating any project work. An work
will be provided according to the rate schedule noted below.
The time and materials estimate for Task Eight is $3,600.
EORM Proposal No. 14-0832 / 14-0832 Town of Los Gatos Support FY14-15 071414
This proposal Is considered Confidential (a Proprietary information to Environmental and Occupational Risk Management, inc (EORM). 11 shall be used only
for consideration el this proposal. Disclosure to other parties outside of client company is prohibited without express writ' an consent by CORM.
Rumi Porliilo, Town of Los Gatos
Support will be provided on a time and materials basis according to the rate schedule summarized below.
The rates provided reflect up to a 5-10% discount over our standard fee schedule rates.
I tabor — — _ ——T...._....t
Cost/Hr
Principal Consultant $ 225
Senior EHS Consultant $ 200
iEH5 Consultant } $ 180
i Associate EHS Consultant 1 $ 155
EHS Specialist
Technician
Miles a
Assumptions
X
$ 120
$100
Federal Rate+20%
One draft version of each deliverable
Other:
Pro'ect Budget
Time & Materials Estimate
Fixed Price
A rescheduling/cancellation fee of
Normal sample turnaround (no rush fees)
Not -to -Exceed $21,000
Not -to -Exceed
25 % /
! I
unless notice of at least 5 business days is provided.
I 1 plus actual expenses
plus actual travel expenses
actual expenses incurred will be applied
Page 4
Budget Conditions
After-hours (before 7AM and after 7PM) and Sat/Sun/Holiday work is billed at 150% of hourly rate; Expert witness/
deposition/ public hearing representation is billed at 200% of hourly rate; Travel time is billed at 100% of hourly rate.
• Travel Expenses (e.g., lodging, airfare, auto rental, meals) are billed at cost plus 5%.
• Authorized Subcontracts, Equipment Rental, Project Supplies/Outside Vendor Services are billed as proposed.
• Automobile Mileage Is billed at the federal rate plus 20%.
Estimated completion date: 6/30/2015
Christine Foster Jessica Ellison
Prepared by: N. California Regional Manager Reviewed by: N. Califomia Operations Manager
Signature: Cffxioline gootet. Signature: jeooica Men
EORM Proposal No 14-0832 / 14-0832 Town of Los Gatos Support FY14-15 071414
1h s pr000svi is considered Confidential & Proprietary information to Environmental and Occupational Risk Management. Inc. (EORM). It shall be used only
for consideration of this proposal, f.)isciosure to oilier parties outside of client company is prol+iL'aer] without express written consent by EORM.
COUNCIL AGENDA REPORT
DATE: SEPTEMBER 23, 2015
TO: MAYOR AND TOWN COUNCII.
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT:
MEETING DATE: 10/06/15
ITEM NO: 4
AUTHORIZE THE TOWN MANAGER TO EXECUTE A SECOND
AMENDMENT TO THE CONSULTING SERVICE AGREEMENT WITH
ENVIRONMENTAL AND OCCUPATIONAL RISK MANAGEMENT, INC. TO
INCREASE THE CONTRACT AMOUNT BY $21,000 AND EXTEND THE TERM
THROUGH JUNE 30, 2016
RECOMMENDATION:
Authorize the Town Manager to execute a second amendment to the consulting service agreement
with Environmental and Occupational Risk Management, Inc. (EORM) to increase the contract
amount by $21,000 and extend the term through June 30, 2016.
BACKGROUND:
Since February 2013, the Town has used EORM to provide a variety of Health and Safety services
related to program development, training, and Occupational Safety and Health Administration
(OSHA) compliance. Services in prior years were performed to the satisfaction of the Town as
agreed. A new scope of work is identified at the beginning of each term based on priorities
determined by the Health and Safety Committee. The original Agreement, executed on February 20,
2013, was for an amount not to exceed $28,000. The First Amendment, executed on September 29,
2014 was for an amount not to exceed $21,000. A Second Amendment, extending the contract
through June 30, 2016 and adding an additional $21,000, is necessary to continue service for the
remainder of the fiscal year without interrupting Health and Safety services. The second amendment
results in a total contracted amount of $70,000 for FY 2013/14, FY 2014/15 and FY 20I5/16.
PREPARED BY: RUM] P • I L
Human Res . es Director
Reviewed by:
Assistant Town Manager
own Attorney it";.Finance
N:\PS!.\CurrentlAgreemen s - Vendors\Agreements120151EORM\HR Stall -Report EORM 10 6 I 5.doc
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: AUTHORIZE THE TOWN MANAGER TO EXECUTE AN AMENDMENT TO
THE CONSULTING SERVICE AGREEMENT WITH ENVIRONMENTAL AND
OCCUPATIONAL RISK MANAGEMENT, INC.
SEPTEMBER 23, 2015
CONCLUSION:
Staff recommends that the Town Council authorize the Town Manager to execute an Second
Amendment to the Consulting Service Agreement with EORM to extend the services through June
30, 2016 with an additional amount not to exceed $21,000, for a total amended contract amount of
$70,000 for ongoing Health and Safety program services.
FISCAL IMPACT:
Funding to support this amendment to the agreement is included in the adopted budget for FY
2015/16 from Program 2202 (Workers' Compensation/Safety Operating Budget).
Attachments:
1. Agreement
2. First Amendment
3. Proposed Second Amendment to the Agreement