Loading...
Staff ReportMEETING DATE: 10/06/15 � �� 1 !ps GAt °S COUNCIL AGENDA REPORT ITEM NO: DATE: SEPTEMBER 23, 2015 TO: MAYOR AND TOWN COUNCIL FROM: LAUREL PREVETTI, TOWN MANAGER( SUBJECT: 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. (FORM) 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 2015/16. Reviewed by: { 11 / Assistant Town Manager Ur own Attorney Finance Vendors \Agi eements\2015\EORM\HR Stan' Report EORM 10615.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 CLERK DEPARTMENT 11114 AGREEMENT FOR CONSULTANT SERVICESoRD_ ___ _- THIS AGREEMENT is dated for identification on February 20, 2013 by and kid een DWN nF LOS GATOS, a California municipal corporation, ( "Town") and EORM, ("Consultant" ), whose address is 4 North 2nd 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 Scone 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 Perfor ance. 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. 2.2.5. 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 $25.00 /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. C90SRRStMUUI LOSOATOSCAIAPPDATA ILOCAL"CROSOFTWMDOwSITEMPORAR H FRNhTFILEM00 T W.OUTTAOK%N56TBDGM0RM HEALTH AND SAFELY PROGRAM DEVELOPMENT AND TRAROM SUPPORT 2012 D.RTF ATTACHMENT 1. 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 Op ortunity. 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. 11I. INSURANCE AND INDEMNIFICATION C�USERS{SN iM' PDATAILOCAIAMICROSOF1 \WWDOWSgE.WORARY MI' ERNE. TER. ESiCON I'CNT.OUTLOOK\UUKEPW3DIEORMHHA l'lJ ANUSA Iy PROGRAM DEVELOPMENT AND TRAINING SUPPORT 2012 13.RTF 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 tines 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 law 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 termnation. 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 attorney's fees, including costs of appeal. C:\ USERS \WOLTERCWPDATA\LOCA MCROSOP1 IYMOWS\TEMPORARY INTERNET FMEMCONTENT.OUCL00R\VQJMDZ03 \FORM STEALTH AND SAFETY VIOORAM DEVELOPMENT AND TRATNWO SUPPORT 2012_13 (2).RTP IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement. Town of Los Gatos by: Greg Larso own Manager Recommended by: Todd Capurso, Parks and Public Works Director Approved as to Form: ` / _ Judith J. Yr' pp, Town omey Consultant, by: t�an��.l�e. t2et U.�, Cep �} 1ay1Gf Ilil ihCi atL Title C\ USERS \WOLTGRCWPPDATAiLOCA MICROSOFAWtMKWS \S'EAIPDRARY Wi[RNECFILES \CONTEMI. OUTLOOK \VQJAtHZO3\EORM HEALTH AND SAT &TYPROGRAM DEVELOPMENT AND TRAMllNO SUPPORT 2012_13 (2) RTP EXHIBIT A 4 North 2nd Street Suite L[rn EORM" San Jose, CA 95773 .Environmental, Health, Safety 800.648.1506 and Sustainability Ooneutting vrxw.eorm.com Project Authorization Order (PAO) Order Number: 12.0986 ❑X New Authorization FI Change Orderto Previous Auth. No. Date: 2/412013 Expiration Date: 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@losgatosca.gov 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 maybe 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 will 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. 112.098161112 0986 Los Gatos Safety and Health Program Development Support This proposal is considered Confidential & Proprietary information to Environmental and Occupational Risk Management, inc (EORM}. 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 EORM_ Steve Regan, Town 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 (Lockout/Tagout) 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. This 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(8). The time and materials estimate for Task Five is $5,000. Task Six: Fall Protection Program Development and Training EORM will develop a written fall 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 hourtraining 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 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: 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 1evaluation will be applied when two or more evaluations are scheduled back to back in the same location. EGRM Proposal No. 12.0986112 0966 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 this proposal. Disclosure to other parties outside of client company 15 prohlblted without express written consent by EORM. Steve Regan, Town of Los Gatos 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. 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 projector support. This support may include developing a standard product list and order form /process for equipment, identifying and setting up an alternative vendorfor 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 maybe completed as requested and will be completed according to the rate schedule below. Task Eight: 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 of Los Gatos employee, and a Not to Exceed estimate will be provided before initiating any project work. All work will be provided accordingto the rate schedule noted below. EORM Proposal No. 12-09B6/12 0966 Los Gatos Safety and Health Program Development Support This propoW is considered Confidential & Proprietary information to Environmental and Occupational Risk Management, Inc. (FORM). 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 EORM. Steve Regan, 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. Labor Cost /Hr Principal Consultant $225 Senior EHS Consultant $200 EHS Consultant $180 Associate EHS Consultant $155 EHS Specialist $120 Technician $100 Mileage Federal Rate +20% Assumptions ❑X One draft version of each deliverable F1Other: Project Budget X�Time & Materials Estimate FI Fixed Price ❑ Normal sample turnaround (no rush fees) Not -to- Exceed $28,000 plus actual expenses Not -to- Exceed plus actual travel expenses ❑X A rescheduling/cancellation fee of ❑X 25 %/ [—]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, 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: 4/30/2013 Christine Wolter Prepared by: N. California Regional Manager Signature: ePrawsewoo" Jessica Ellison Reviewed by: N. California Operations Manager Signature: 7±26iM MOIL EORM Proposal No. 12.0986112 0386 Los Gatos Safely and Health Program Development Support This proposal is considered Confidential & Proprietary information to Environmental and Occupational Risk Management, Inc, (EORM). 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 EORM. Steve Regan, Town of Los Gatos Page 5 FORM Proposal No. 12.0986 / 12 0986 Los Gatos Safety and Health Program Development Support This proposal is considered Confidential & Proprietary information to Environmental and Occupational Risk Management, Inc. (FORM). R shall be used only for consideration of this proposal. Disclosure to other parties outside of client company is prohibited without express written consent by EORM. FIRST AMENDMENT TO AGREEMENT This I" AMENDMENT TO AGREEMENT is dated for identtfi'cation this-291' .day of _ 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 EORM, ( "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 CONSULTANT "! Greg Larson Signature Town Manager ommended B �_J R mi Portillo IIn ' an Resourcetele to r Department Approval: r i "- Malt orley Parks & Public Works Dire r %_ :;tor Approved as to Fgr1f1 ,\ Robert Schultz, Town orney i Printed Name and Title ATTACHMENT Environmental, Health, Safety and Sustarnability Consulting 4 North 2nd Street Suite 1270 San Jose, CA 95113 800.648.1506 wtmw.eor o.com Prinject Authorization Order (PAO) Order Number: 14 -0832 X❑New Authorization FI Change Order to Previous Auth. No. Date: 9/26/2014 Expiration Date: 12/31/2014 Company Name: Town of Los Gatos Contact Name: Rumi Portillo Address: 41 Miles Ave, Los Gatos, CA 95030 Human Resources Title: Director Phone: (408) 354 -6829 email: rportillo @losgatosca.gov Project Title: Safety and Health Program Development Support — 2014 -2015 Environmental and Occupational Risk Management, Inc. (EORMO) 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. Tank Onc: Eloctrluaf Safety Prcr�raT Dievelopirricitt 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 T%afo Re:s`plratm F`[F-- to €,fion Program €`SeMelCapnient and =ra €nfrtg 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. a °, tftee PH} & iCFdni3 o'- Lquir menu Mg at'fir 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 LORIM Proposal No. 14 -0832 114-0832 Town of Los Gatos Support FY14 -15 071414 This proposal is considered Confidential & Proprietary urfot mation to Environmental and Occupational Risk Management, Inc. (EORM). It shall be used only for consideration of this proposal. Disclosure to other parties outside of client company is prohibned without express writ *.en consent by EORM_ Rumi Portillo, Town of Los Gatos 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. `Erik Foabr. Evacuation Ull air 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. Tasks Severs: Ergonomic Evaluations; with I€ divideuai Report; 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. Prole ssionak Fee Option A Principal Consbiltart 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. Pfcrfcss?dnzl Fate caption 7131 Aesocisate Gransuitaruf, 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. Pirofcss =c nak Fee Opticyn 7 C: Consulli s, g 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. The time and materials estimate for Task Seven is $8,000. Task E4ght, Kgfict c.oilarhecui EHS -...E p 4 lturrig 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 -08x2 l 14-(8 Too rn of Los Cato' Support FY14 -15 071414 This proposal is considered Cosildential & Proprietary information to Eirmonmentar and Occupational Risk Management, Inc iEORMJ. it shall be used only for mnsidention of this proposal- Disclosure to other parties outside of client company Is prohibited without express written consent by FORM. Rum Portillo, Town of Los Gatos _...- -- _ --- Page of Los Gatos employee, and a Not to Exceed estimate will be provided before initiating any project work. All 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 '140832 / 14-0832 iovvn of Los Gatos Support FY14 -15 071414 Th6 proposal is considered Confidential S Proprietary n?fonnaticon to Environmentai and Occupational R %k Management, I¢C (EORM). iI rha11 be used only for wnederafion of this proposal Dlsdosare to other parties outside of dlent company 15 prohibited without express wroten consent oy FORM, Rurni Porbilo, 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. Assumptions One draft version of each deliverable Other: Pro jeCt Budget LX_1 Time & Materials Estimate Not -to- Exceed $21,000 F-1 plus actual expenses Fixed Price Not -to- Exceed plus actual travel expenses A rescheduling /cancellation fee of [X] 25 % / 0 actual expenses incurred will be applied 1XINormal sample turnaround (no rush fees) unless notice of at least 5 business days is provided. Budget Conditions a 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 Prepared by: N. California Regional Manager Signature: e.,Rnbtine `3aotex Jessica Ellison Reviewed by: N. California Operations Manager Signature: k±oica £PPioau FORM Proposal No. 14 -0832 / 14 -0832 Town of Los Gatos Support FYI 4-115 071414 This propma a mnodered Con(dentia =. & Proprietary information to Environmental and Occup t onal Risk Management, Inc (EDfi It shall be need only for considera tion of Phis praposaI. Dlsdosure D o t 1 ther parties outside of deent company is prohibited avnhout express written consent by EORM- SECOND AMENDMENT TO AGREEMENT This 2nd AMENDMENT TO AGREEMENT is entered into this 23`d day of 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 February 20, 2013 remain in full force and effect. IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment. Town of Los Gatos an Laurel Prevetti Town Manager CONSULTANT By: Signature Printed Name and Title ATTACHMENT Recommended By: RumiPortillo Human Resources Director Department Approval: Matt Morley Parks & Public Works Director Approved as to Fonn: Robert Schultz, Town Attorney 2 EORM' *i 1 Sorvaces co ?perry 4 North 2nd Street Suite 1270 San Jose, CA 95113 600.645.1506 mAc,, eorm.com Order Number: 15 -1191 ❑X New Authorization FI Change Order to Previous Auth. No. Date: 9/2/15 Expiration Date: 6/30/16 Company Name: Town of Los Gatos Address: 41 Miles Ave, Los Gatos, CA 95030 Contact Name: Rumi Portillo Human Resources Title: Director Phone: (408) 354 -6829 email: rportillo @losgatosca.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. r ask Orle ErMirorornerApd Health and Safety F "or gram 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 EMS 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. lack "e vf,, Safety Gornririif ee R-upport 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. 7 fl: T hree:. ErgE"Efcrn�r; Ev dttafionF, vvfth indivi dEuai Fi'oports 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. -1 U V '7e r'; nP r[ of N n( [I) _E C,-,risi o 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 /evaluation. A discount of $25 /evaluation will be applied when two or more evaluations are scheduled back to back in the same location. EORK4 Proposal No 15 -1591 / Town of Los Gatos Support FYI 5 -16, This pro pescl is consldere_ Ccn i.- ential o. F clp'etary I nfor mat, on to T muoil .cnt,, I a, er o<( u , ", nJ kirk Maa�u I lent, Inc (FnRanI I =,n,ai Is, rirarsitic_ti. cthe ,'s,J.,�rtoofl)D itiedo.,v eode ntcompriys ,xonl6itcemIIroutexpessmr.iene EXHIBIT Rum Porlillo, Tovvn of Los Gags Profe u orIM Fee Option 7B Astsce tare ConsuR rit'. 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. Pr,i„ssic, rtpl Fee Option, 7C: Curtsufting S tees €aHsl 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. 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. Principal Consultant $ 225 Senior EHS Consultant $ 200 EHS Consultant $ 180 Associate EHS Consultant $ 155 EHS Specialist _ $120 Technician $ 100 Federal Rate +20% Assumptions One draft version of each deliverable Normal sample turnaround (no rush fees) Other: Project Budget YTime & Materials Estimate Not -to- Exceed $21,000 plus actual expenses Fixed Price Not -to- Exceed plus actual travel expenses A rescheduling /cancellation fee of I—XI 25 %/ El actual expenses incurred will be applied unless notice of at least 5 business days is provided. EORM Proposal No 15 -1191 / h,spmposa s tai n eldereo wnndeot la hPro p i eta ry iornr_ioe is P rvlrenmental n I(I..(,r m to sI< M a, t a bei sent,: it c- (LOf,f sieif be used only le, co of tbds rrepos... Disclosure to other 13811 1-1 ouisPde..i c ient mmparf ii prertteied without expre s vvritiec co sent by FORM. Rumi Portlllo. Town cr£ Los Oates Page 3 Budget Conditions r 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. g 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: C'hwtuw rewtet Signature: )eooica £QPGsaz FORIM P,aoosal No 15 -119? / 11, Is propose I aarsiae,od co aerrfFa F npaetary foii natfwl toJwlron menta 1_111Oca.I So0(nG RLJ, "4a If agciz ylnc(L OAISS) a sha 11 re iSt'donly Rv con Side a.ic ci. 1 his proposal. 3611nsure to Whet pa: iws ouis,de of (I e ?t co"I is ), "hi bV(o w t =1011 ez,r, ss mrit?en (onssint by EORos