06 Attachment 4-First Amendmento• t
IHH
FIRST AMENDMENT TO AGREEMENT
This AMENDMENT TO AGREEMENT is dated for identification this 151 day of March,
2018 and amends that certain agreement for environmental health & safety services dated January I ",
2018, made by and between the Town of Los Gatos, ( "Town, ") and the BSI EHS Services and
Solutions (West) Inc., ("Consultant ")
RECITALS
A. Town and Consultant entered into a Consultant Services Agreement on January I"' 2018,
Agreement"), a copy of which is attached hereto and incorporated by reference as
Attachment I to this Amendment.
AMENDMENT
Section 2.6 Com ensat*on. Compensation for Consultant's prpfessional services shall not
exceed $115,600 ver the term of the agreement ($33,200 annually for Safety .Training
Services, Safety Committee Support, and Annual Program Review, plus $16,000 over the
course of the agreement for Job Hazard Analysis), inclusive of all costs. Payment shall be
based upon Town approval ofeach task. Rates will remain unchanged for the initial 3 -year
term. To maintain parity with economic circumstances, BSI may elect to increase rates for
the 41 and /or 51 year contract options. Annual rate table increases shall not exceed 3% of
the preceding year's rate table fees in the years after 2020. However, if in any ofthe years
after 2019 the Bureau ofLabor Statistics Employment Cost Index in Northern California is
greater than 4.5 %, the parties agree to renegotiate rates for the final two years of this
contract.
2. All other terms and conditions ofthe Agreement remain in full force and effect.
IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment.
Town of Los Gatos Approved as to Consent: ,
t —
Laurel Prevetti, Town Manager 4-- risty Foster
Director of Healthcare
Department Approval:
V1 A 4,046
Lisa Velasco
Human Resources Director
Approved as to Form:
T Y
Robert Schultz, I
BSI EHS Services — First Amendment to Agreement— March 2018
Attest:
ShelleyNeis,C1 ,ClerkAdminishator
ATTACHMENT 4
TOWN OF LOS GATOS MEETING DATE: 05/01/2018
COUNCIL AGENDA REPORT ITEM NO: 04
DATE: APRIL 24, 2018
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 $115,600
RECOMMENDATION:
Authorize the Town Manager to amend an agreement for employee safety compliance and
training consultant services with BSI EHS Services and Solutions (West) Inc. (Attachment 1), in
an amount not to exceed $115,600.
BACKGROUND:
On December 19, 2017, the Town Council authorized the Town Manager to execute a new
agreement for employee safety compliance and training consultant services with BSI EHS
Services and Solutions (West) Inc. (Attachment 2) in an amount not to exceed $147,600 over a
three -year term. After the authorization and before the consultant began providing services,
the Town identified that the cost over the three -year term for one element of the contract had
been overstated. The not to exceed cost for Safety Training Services, Safety Committee
Support, and Annual Program Review is $33,200 annually for three -years totaling $99,600 plus
an additional flat amount of $16,000 allocated to the special project of Job Hazard Analysis for a
total of $115,600. The amount allocated to the Job Hazard Analysis project was overstated in
the original amount resulting in a total of $147,600.
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
PAGE 2 OF 2
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 $115,600
APRIL 24, 2018
DISCUSSION:
The purpose of this report is to request authority for the Town Manager to amend the existing
agreement with BSI to accurately reflect the not to exceed amount of $115,600 versus the
amount of $147,600 contained in the original agreement executed in December 2017.
CONCLUSION:
Staff recommends that the Town Council authorize the Town Manager to execute an
amendment to the agreement with BSI to accurately reflect the total three -year cost.
COORDINATION:
This report was coordinated with the Parks and Public Works Department.
FISCAL IMPACT:
The annual fiscal impact for this amendment will reduce the not to exceed amount from
49,200 annually to $38,533 annually or $115,600 over the course of three years. Funding to
support this agreement is included in the adopted budget for FY 2017/18 in the Workers'
Compensation Program.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. First Amendment to Agreement for Consultant Services with BSI EHS Services and
Solutions (West) Inc.
2. Agreement for Consultant Services with BSI EHS Services and Solutions (West) Inc.
S: \COUNCIL REPORTS \2018 \05- 01 -18 \04 BSI \Staff Report - BSI Agreement Amendment V2.do" 4/26/2018 3:45 PM LV