DRAFT AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SUNNYVALE AND BSI AMERICA PROFESSIONAL SERVICES, INC.
This Amendment to Consultant Services Agreement, dated _________________, is by and between the CITY OF SUNNYVALE ("CITY"), a California chartered municipal corporation for the state of California, and BSI AMERICA PROFESSIONAL SERVICES, INC. ("CONSULTANT"), a California corporation.
WHEREAS, the CITY and CONSULTANT entere d into an Agreement on 07/12/2022, whereby CONSULTANT would provide professional services in relation to safety and loss control (“Agreement”); and
WHEREAS, the CITY and CONSULTANT now agree that an Amendment to said Agreement is advisable;
NOW, THEREFORE, THE CITY AND CONSULTANT ENTER INTO THIS AMENDMENT TO CONSULTANT SERVICES AGREEMENT:
1. Section 1 entitled “Service s by CONSULTANT” is hereby amended, in part, to read as follows:
1. Services by CONSULTANT
[Replace the first sentence of this section with the following:]
CONSULT
ANT shall provide services in accordance with Exhibit "A" and Exhibit “A-1”.
2. Section 4 entitled “Compensation” is hereby amended, in part, to read as follows:
4. Compensation
[
Replace the first paragraph of this section with the following:] CITY agrees to pay CONSULTANT as full compensation for the services rendered pursuant to this Agreement, the amounts set fort h in Exhibit “B” and Exhibit “B-1”. Total compensation shall not exceed Three Hundred Eighty-Five Thousand and No/100 Dollars ($385,000.00).
3. Exhibit “A-1,” entitled “Scope of Work,” is attached hereto and incorporated into this Agreement.
4. Exhibit “B-1,” entitled “C ompensation Schedule,” is attached hereto and incorporated into this Agreement.
5. All other terms and conditions remain unchanged and are in effect.
Attachment 1
IN WITNESS WHEREOF, the parties have executed this Agreement Amendment.
CITY OF SUNNYVALE ("CITY") BSI AMERICA PROFESSIONAL
SERVICES, INC. (“CONSULTANT”)
By _____________________________ By _________ ____________________ City Manager
________________________________
Name and Title
APPROVED AS TO FORM:
By _____________________________
By ___________________________
City Attorney __________________ ______________
Name and Title
ATTEST:
By ___________________________
City Clerk
Attachment 1
EXHIBIT “A-1”
SCOPE OF WORK
Task 1: Workplace Violence Prevention Committee and Stakeholder Listening Sessions (Up to Three Remote Sessions)
BSI will conduct up to three one-hour listening sessions via a remote platform with City- identified Workplace Violence Committee members and stakeholders to discuss key concerns, work environments, risks, and incident history to assist in developing the written program in Task 2 and the training in Tasks 3 and 4. This activity will be coordinated by the City and may be facilitated by City staff or BSI, as requested by the City. Depending on the representation at the meeting, these stakeholder sessions will contribute to the employee participation element required by the updated California Code language.
BSI will provide this service for a Fixed Fee of $2,600, including written notes/transcripts and findings to be incorporated into the trainings and written program, as applicable. Reference the Assumptions section for additional details.
Task 2: Workplace Violence Prevention Program Development BSI will provide an experienced consultant to develop a written Workplace Violence Prevention Program compliant with current California Codes cited above, Title 8 CCR §3342, and the proposed language in Title 8, CCR, §3343. The program will consider existing City policy, including incident data and findings. It will outline the processes currently in place (or recommended) to identify workplace violence risks; respond to employee concerns; apply preventive strategies; report, investigate, and respond to incidents; and implement corrective actions. The program will include a risk assessment tool, report form, and incident response and follow-up flowchart.
BSI will provide this service for a Fixed Fee of $9,500 based on BSI’s base program customized to the City’s specific processes and organizational responsibilities, for one draft document in Microsoft Word format with two rounds of edits and one final document provided in Adobe PDF format. Reference the Assumptions section for additional details.
Task 3: Workplace Violence Prevention Training PowerPoint Slide Deck (All Employee) BSI will develop a workplace violence prevention training Microsoft PowerPoint presentation slide deck for all City employees. The training will be suitable for an instructor-led classroom setting and may be uploaded to the City’s learning management system (LMS) course as a self- guided, read-along course. Classroom delivery is expected to take one and a half hours, while the online course will take 60 to 70 minutes. The training will contain content compliant with current California Codes cited above, Title 8 CCR §3342, and the proposed language in Title 8, CCR, §3343. This training deck will be branded to the City and include the specifics of the City’s Workplace Violence Prevention Program (Task 2) procedures. It will feature interactive discussion/thought points and knowledge checks. A quiz will be created to demonstrate that the training was effective.
BSI will provide this service for a Fixed Fee of $7,100 and will include one draft document in PowerPoint format with two rounds of draft edits and the final document provided in PowerPoint Attachment 1
and Adobe PDF format. The quiz will be provided in Microsoft Word format with one round of edits, and the final document will be provided in Word and Adobe PDF format. Reference the Assumptions section for additional details.
Task 4: Workplace Violence Prevention Train the Trainer Session BSI will develop and deliver one instructor-led, four-hour workplace violence prevention train the trainer workshop. The purpose of this training is to familiarize City instructors with the City Workplace Violence Prevention Program (Task 2) and the training PowerPoint created for all staff (Task 3). During the workshop, the training content will be reviewed, and case studies, anecdotes, examples, and other customized prompts and discussion points will be discussed and added to the PowerPoint speaker’s notes by each participant.
BSI will provide this service for a Fixed Fee of $3,600 and will include one draft document in PowerPoint format for use by the instructors to add their personal training notes using their own laptop computer devices. Reference the Assumptions section for additional details.
Attachment 1
EXHIBIT “B-1”
COMPENSATION SCHEDULE
Change Order Increase (includes additional SOW Tasks 1-4 noted in Exhibit A-1) $140,000
Attachment 1