Loading...
HomeMy WebLinkAbout25J - AGMT - OCCUPATIONAL TRAINING SRVSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 21, 2017 TITLE: AGREEMENT WITH DR. MAUREEN SASSOON FOR OCCUPATIONAL, ENVIRONMENTAL HEALTH, AND SAFETY TRAINING AND CONSULTING SERVICES (STRATEGIC PLAN NO. 7,6) A �; 4��l e CITIT M RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: E] As Recommended © As Amended E] Ordinance on 161 Reading E] Ordinance on 2nd Reading E] Implementing Resolution E] Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute an agreement with Dr. Maureen Sassoon for citywide occupational, environmental health, and safety training and consulting services for the term beginning February 21, 2017 through June 30, 2018, in an amount not to exceed $75,000, subject to non -substantive changes approved by the City Manager and City Attorney. The agreement includes a provision for a one-year term extension exercisable by the City Manager and City Attorney. 2. Authorize payment for services performed October 1, 2016 through December 31, 2016, under which the City exhausted all funds provided under a previous agreement. City intends that any sums owed to Dr. Maureen Sassoon shall be covered by this agreement. DISCUSSION The City's Risk Management Division considers workplace safety to be the number one priority. Approval of this recommend action will allow the Risk Management Division to maintain a compliant and comprehensive safety program. Having a comprehensive safety program reduces the risk of injuries for employees, contractors, and visitors; reduces liability and regulatory citations; and is cost effective. This program is an essential part of the agency's objective to provide a safe work environment. Occupational, environmental health, and safety management is a continuous improvement process. Dr. Sassoon will continue to work with the City's safety committee or other department - designated representatives to provide on-going risk and compliance assessments; review and revise policies and procedures; audit and evaluate programs; conduct training, job hazard analysis, facility and job site inspections, and industrial hygiene services. Dr. Sassoon's areas of expertise, educational and professional achievements are numerous. Dr. Sassoon is a registered environmental health specialist, certified industrial hygienist, certified lead and asbestos consultant and reserve deputy sheriff. She has provided consulting services to the City since March 2010 and has a comprehensive understanding of the City's health and safety needs. In evaluating other agencies (i.e., City of Anaheim, City of Huntington Beach) staff found that 25J-1 Agreement with Dr. Maureen Sassoon for Occupational, Environmental Health, and Safety Training and Consulting Services. February 21, 2017 Page 2 specialized services are managed by different individuals or consultants specializing in each area of compliance. Having a consultant that provides comprehensive services is cost effective. The City exhausted all funds provided for in the previous agreement due to unanticipated demands for the Consultant's services which resulted in increased expenses; this included a health and safety assessment of the Civic Center area. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #7 — Team Santa Ana, Objective #6 (Provide a positive workplace environment that supports the health of its employees and celebrates its success). FISCAL IMPACT Funds are available in the Liability & Property Insurance account (account no. 08009051-64010), Workers' Compensation account (account no. 08209054-64010), and additional agency accounts as authorized. Fiscal Year Amount 2016-17 $25,000 2017-18 $50,000 Edward Aaya J Executive Director Personnel Services ESR:bbm APPROVED AS TO FUNDS AND ACCOUNTS: I, It& k � 9 A Francisco Gutierrez Executive Director Finance & Management Services Agency 25J-2 CONSULTANT AGREEMENT THIS AGREEMENT is made and entered into this 21" day of February, 2017 by and between Dr. Maureen Sassoon, MS, MPH ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of occupational and environmental health and safety consulting set -vices. B. Consultant represents that it is able and willing to provide such services to the City. C. The City acknowledges that it has received billing from Consultant under a previous agreement for set -vices performed October 1, 2016 through December 31, 2016, under which the City exhausted all funds provided for in the agreement. City intends that any unpaid sums owed to Consultant for prior services provided October 1, 2016 through December 31, 2016, shall be covered under this Agreement. The previous agreement with the Consultant terminated sooner than expected due to unanticipated demands for the Consultant's services which resulted in increased expenses. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional in the same field, NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services relating to occupational and environmental health and safety consulting services including but not limited to those services set forth in Exhibit "A", attached hereto and incorporated herein by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement, shall not exceed $75,000.00 during the term of this Agreement. b. City acknowledges that agreement includes payment for services rendered October 1, 2016 through December 31, 2016. 25J-3 c. Payment by City shall be made within thirty (30) days 'following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on ,Tune 30, 2018, unless terminated earlier pursuant to Section 12, below. 'The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney for up to one (1) year. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an crrrployce of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant perforans the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to its employees and shall be responsible for all applicable withholding taxes. S. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence and $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); and (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City. b. Worker's Compensation Insurance. In accordance with California State law, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of 25J-4 the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. c, Professional Liability ('errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim and $2,000,000 annual aggregate shall be maintained, d. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City. (ii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. (iii) If the Consultant maintains broader coverage and/or higher limits than the minimums described above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. e, If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination, Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify, defend, and hold harmless the City, its officers, agents, employees, consultants, counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims: (1) for personal injury, including death, and claims for property damage, arising from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described hi Section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by 25J-5 reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Consultant received from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own. information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightfid possession of the Consultant and disclosed without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. S. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other cormnunication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by fust class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702-1988 Facsimile (714) 647-6956 Copies to: Executive Director of Personnel Services City of Santa Ana 20 Civic Center Plaza (M-24) 25J-6 To Consultant: P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647-5311 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702-1988 Facsimile (714) 647-6515 Dr. Maureen Sassoon, MS, MPSI P.O. Box 2028 Palos Verdes Peninsula, CA 90274 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the teens of this Agreement shall prevail and will serve to fully supersede existing Agreement. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms or conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement 25J-7 shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City with thirty (30) days written notice of termination to the Consultant. a. As a condition of such payment, the City may require Consultant to deliver to the City all the work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 13. NON DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United Sates, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 25J-8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney LAURA ROSSINI Senior Assistant City Attorney RECOtNIMENDED FOR APPROVAL: EDWARD RAYA Executive Director Personnel Services Agency CITY OF SANTA ANA GERARDO MOUET Acting City Manager CONSULTANT DR. MAUREEN SASSOON, Sole Proprietor 25J-9 Im EXHIBIT A Scope of Services Provided by Dr Maureen Sassoon C114 -to the City of Santa Ana 1. Conducting the City Safety Committee Meetings, pursuant to the City's Injury, Illness Prevention program (IIPP), approximately six times per year. 2. Employee Health & Safety Training (i.e,, Cal -OSHA mandated training) for City employees covering such topics as respiratory protection, hearing conservation, emergency action/fire response, hazard communication, hazardous waste, confined space, lockout/block out, supervisor safety inspections and accident investigations and hands-on defensive driving on private property, 3. Inspection services as needed by a Certified Asbestos Consultant, per the State of California. 4. Inspection services as needed from a Lead -Certified. California Department of Public Health Consultant, 5. A City -Wide Safety Inspection. 6. Advising the City and if necessary participating in representing the City's interests in issues involving Cal -OSHA. 7. Other third -party health and safety services on an as needed/required basis (i.e., employee work station ergonomic evaluations, indoor air quality surveys and noise surveys) as requested by Risk Management and/or Human Resources. 8. Conduct an audit of the existing loss control programs with recommendations for changes, as deemed necessary. 9. Other tasks as requested by the Executive Director of Personnel Services or her designee. 25J-" EXHIBIT B FEE AGREEMENT FOR OCCUPATIONAL & ENVIRONMENTAL HEALTH & SAFETY CONSULTING SERVICES For the CITY of SANTA ANA DR. MAUREEN SASSOON, MS, MPH 310/544-2912 Certified Industrial Hygiene Fees: 1. General industrial hygiene services (excluding legal cases) are charged at a rate of $150/hour, portal-to-portal, with a 4 -hour minimum, Additional charges, such as but not limited to: equipment and laboratory fees, printing and duplicating fees, data base fees (i.e., such as are associated with Phase I research), and travel related fees (i.e., airfare, hotel, car rental) are charged to the client per associated incurred cost, if the client pays them direct or up front, otherwise there is a 10% mark-up. Invoices are submitted monthly, for services rendered, and are expected to be paid in -full, within 30 days of the invoice date. Account balances not paid within 30 days are subject to a 1.5% monthly service charge, on the remaining balance. 2. General office work, report writing and research are charged at $150/hour. 3. Legal Cases, including preparation, document review, research, industrial hygiene surveys and all other related work including Court time (with or without testimony) and Depositions are charged at a rate of $450/hour, with a 4 -hour minimum, plus expenses if outside the greater Los Angeles area. 4. Deposition and Court fees are due at the beginning of each day If you agree to these terms and conditions, please sign and date at the bottom and reply by USPS to Dr. Maureen Sassoon at PO Box 2028, PVP, CA 90274. Company: (Signature) (Print Name) (Effective: January 2016) 25J-11 Title Date 25J-12