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09 Staff Report - Amendment to BSI Agreement PREPARED BY: Lisa Velasco Human Resources Director Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 08/04/2020 ITEM NO: 9 DATE: July 29, 2020 TO: Mayor and Town Council FROM: Laurel Prevetti, Town Manager SUBJECT: Authorize the Town Manager to Amend an Agreement for Employee Safety Compliance and Training Consultant Services with BSI EHS Services and Solutions (West) Inc., in an Amount not to Exceed $175,350 RECOMMENDATION: Authorize the Town Manager to amend an agreement (Attachment 3) for employee safety compliance and training consultant services with BSI EHS Services and Solutions (West) Inc., in an amount not to exceed $175,350. BACKGROUND: The Town contracts with BSI to provide safety consultant services to ensure compliance with California’s Occupational Health and Safety Administration (Cal-OSHA) regulations, provide on- site safety training classes, and partner with the Town’s Health and Safety Committee to promote a safe work environment. The term of the current agreement between the Town and BSI is January 2018 through December 2020. DISCUSSION: During the evaluation the Town’s safety program, BSI identified that the development of Control of Hazardous Energy Lockout/Tagout (LOTO) procedures are needed to ensure the safety of Town employees and consultants and to satisfy Cal-OSHA regulations. The original agreement for services did not include LOTO procedures in the total cost or scope of services. Staff requested a mid-year budget amendment to add the cost of the LOTO procedures through the end of FY 2019/20, however, the consultant has not been able to complete the procedures due to social distancing and shelter-in-place requirements related to COVID-19. This request extends the additional time and funds to complete the program through the end of the term of the current agreement. PAGE 2 OF 2 SUBJECT: Amendment to BSI Agreement DATE: July 29, 2020 CONCLUSION: Staff recommends that the Town Council authorize the Town Manager to execute a second amendment to the agreement with BSI in an amount not to exceed $175,350. FISCAL IMPACT: The not to exceed cost in the amount of $115,600 over the three-year term of the agreement as amended (Attachment 2) is already included in the adopted budget for FY 2020/21 in the Workers’ Compensation Program. The additional cost of $59,750 to complete the LOTO procedures was adopted at mid-year and requested for carryover for a total not to exceed amount of $175,350 through December 2020. ENVIRONMENTAL ASSESSMENT: This is not a project defined under CEQA, and no further action is required. Attachments: 1. Second Amendment to Agreement for Consultant Services with BSI EHS Services and Solutions (West) Inc. 2. First Amendment to Agreement for Consultant Services with BSI EHS Services and Solutions (West) Inc. 3. Agreement for Consultant Services with BSI EHS Services and Solutions (West) Inc.