THIRD AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SUNNYVALE AND BSI AMERICA PROFESSIONAL SERVICES, INC. FOR
SAFETY AND LOSS CONTROL SERVICES
This Third 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 entered into an Agreement on 07/12/2022, whereby CONSULTANT would provide professional services in relation to safety and loss control ; and
WHEREAS, the CITY and CONSULTANT entered into a First Amendment to the Agreement on 09/04/2024 to add additional scope of work and increase the Compensation by $140,000; and WHEREAS, the CITY and CONSULTANT entered into a Second Amendment to the Agreement on 08/06/2025 to add additional scope of work and increase the Compensation by $143,714; and
WHEREAS, City wishes to add services and extend the agreement for an additional one-year period, and CITY and CONSULTANT now agree that a Third amendment to the Agreement is advisable;
NOW, THEREFORE, THE CITY AND CONSULTANT ENTER INTO THIS AMENDMENT TO CONSULTANT SERVICES AGREEMENT:
1. Section 1 Time for Performance , in part, to read as follows:
1. Time for Performance
[Replace this section with the following:]
The term of this Agreement shall be five (5) years from the execution date, unless otherwise terminated. CONSULTANT shall deliver the agreed upon services to CITY as specified in Exhibits "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 , - , Exhibit
- . Total compensation shall not exceed Seven Hundred
Eighty-Six Thousand Twenty- and No/100 Dollars ($786,02 .00).
Attachment 1
DRAFT
("Agreement")
entitled " " is hereby amended
""A ""A 2," and "A-3".
u ,,
pursuant to this Agreement, the amounts set forth in Exhibit "B" Exhibit "B 1" "B 2," and Exhibit "B-3"
Eight 8
A- Scope of Services July 2026 to July 2027
incorporated into this Agreement.
B-
this Agreement.
All other terms and conditions in the Agreement remain unchanged and are in effect.
IN WITNESS WHEREOF, the parties have executed this 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
3. Exhibit" 3," entitled" , " is attached hereto and
4. Exhibit" 3," entitled "Compensation Schedule," is attached hereto and incorporated into
5. (" ")
1 | P a g e
S 2026 to 2027
Option 1: Lockout/Tagout Project Included
1) PM and As-Needed Consulting Support (reoccurring)
a. PM Time:
i. Per the approved MSA, 2 hours/week (assuming 48 weeks of support) approved:
$27,264. Note: Certain weeks may not require 2 hours of support, others may require more.
b. As-Needed Support (minor tasks/projects):
i. Used for minor tasks/projects which are not specifically scoped (e.g., support for Workplace Violence Prevention, new Cal/OSHA regulations/requirements, City, etc.).
ii. Current overall budget of $3,150. As of 2/6/26, $2,080 of this budget remains. If present, surplus budget at the end of the current 1-year extension (July 2026) will be rolled over into the 2nd year extension.
iii. To account for small scope (see above) and unforeseen support tasks, an additional budget of $3,000 is recommended. If budget is not utilized, it can be reallocated for other support.
2) Facility Inspections (reoccurring)
a.
identifying and evaluating workplace hazards including scheduled periodic inspections to b. $3,750 per inspection/13 inspections total: $48,750. 3) EHS Program Development (ongoing)
a. Various written programs are required by Cal/OSHA. While the City had a previous consultant create programs for the City, the programs were written more than 15 years ago. While some programs are missing, much of the information in the existing programs is out of date, does not reflect current City processes or procedures, or are not detailed enough or include outdated, non-compliant regulatory information/procedures. b. Current overall budget of $44,000. As of 2/6/26, $21,400 of this budget remains. If present, surplus budget at the end of the current 1-year extension (July 2026) will be rolled over into the 2nd year extension.
c. Due to unforeseen challenges (e.g., City Risk Manager departure, multiple submittals of questions for given topics, etc.) in obtaining the necessary information to create/update the EHS programs, an additional budget of $5,000 is recommended. 4) Safety Trainings (ongoing)
a. Various safety trainings are required by Cal/OSHA. While the regulatory requirements for virtual training), certain topics are more in depth and must include information and processes specific to the City, hands-on aspects, and other requirements.
Attachment 1
ExhibitA-3
Scope of Services
cope of Services-July July
utilizing BSl's subject matter expert for complex regulatory questions from the Cal/OSHA's Injury and Illness Prevention standard (§3203) requires 'procedures for identify unsafe conditions and work practices.'
certain topics can be accomplished through the City's online training platform (canned 2 | P a g e
b. Current overall budget of $26,200. As of 2/6/26, $23,200 of this budget remains. The remaining budget at the end of the current 1-year extension (July 2026) will be rolled over into the 2nd year extension.
c. Budget created to cover five safety training topics identified by the City and one session of Title 22 Training for the WPCP. To date, the City has not requested support for any of the five previously identified training topics. The Title 22 training is being supported in February/March 2026. To cover one session of Title 22 Refresher training (due each year in February/March), a budget of $3,300 is needed. If budget is not utilized, it can be reallocated for other support.
5) Equipment Specific Lockout/Tagout (LOTO) Procedures (additional support) a. Written, equipment-specific LOTO procedures are required by Cal/OSHA standard (§3314). The WPCP has these procedures in place, but procedures for the remaining City facilities are not in place.
b. Without equipment lists for each facility to understand the total pieces of equipment and equipment complexity, it is
to accurately scope an exact cost to complete
equipment-specific LOTO procedures for all City facilities. i. Based upon a review of City facilities, as provided to BSI in the facilities included in the monthly facility safety inspections:
1. An estimated 133 procedures need to be created
2. Approximately 15-20 of these procedures can be covered in the current/original budget. Accounting for this, the total estimated additional Time and Materials budget to complete all procedures is $71,800 (calculated with current City discounted rates). If the total budget is not needed, it will not be used.
3. Note: Does not include:
a. Smart Station (as BSI understands, not the responsibility of the City)
b. City Hall (already being addressed in current budget) c. WPCP (procedures already in place)
d. City Plaza Del Sol (Plaza Only) (no anticipated equipment) Attachment 1
difficult
3 | P a g e
TOTAL COSTS
Reoccurring
o PM Support: $27,264
o Facility Inspections: $48,750
o As-Needed (Minor Task/Project) Support: $3,000
Ongoing Support
o EHS Program Review/Development: $5,000
o Training: $3,300
New Support
o LOTO: $71,800
Total Cost for 1-Year (2nd year) Extension: $159,114
Approved 2nd Year Extension Discounted Rates
Consultant Level Hourly Rate
Principal Consultant $315
Senior Consultant $284
Consultant $239
Associate $207
Specialist $167
Technician $149
Production Technician $109
Attachment 1
•
•
•
Exhibit B-3
Compensation Schedule
Project Authorization Order (PAO)
Project Number: 1521975 New Authorization: Change Order (Previous No.) Date: 05/18/26 Offer Expiration Date: 07/18/26
Company Name: City of Sunnyvale
Company Address: 700 All America Way, Sunnyvale CA 94086 Contact Name: Sweekar Simpson
Contact Job Title: Risk Manager
Contact Phone: 408.730.3003 Email: [email protected] Project Title: Fire and Hazardous Materials Regulatory Compliance Support Project Background/Scope
BSI America Professional Services Inc. (BSI) is pleased to provide this proposal to the City of Sunnyvale (City) to deliver environmental, health, and safety (EHS) advisory support focused on addressing regulatory compliance issues at select City-owned and operated facilities. BSI understands that the City has several outstanding compliance issues that have developed over time due to organizational changes and evolving responsibilities associated with hazardous materials management and related regulatory programs.
The objective of BSI’s support is to assist the City in achieving regulatory compliance while helping establish sustainable processes and program ownership to support ongoing compliance efforts. BSI anticipates this work will be completed through a collaborative partnership approach between the BSI project team and City personnel.
Scope of Work
BSI proposes to dedicate a consultant to provide up to 24 hours per week of support over a 12-week period to assist with the resolution of existing Notices of Violation (NOVs) issued by the City of Sunnyvale – Department of Public Safety – Hazardous Materials Unit. Support activities will focus on the priority areas identified below and may be adjusted, as needed, in coordination with the Sunnyvale Risk Manager to address evolving priorities and ensure focus on the highest-risk or most time-sensitive compliance items.
1. Violation Resolution & Regulatory Coordination
BSI will provide program-level support to:
Review and track open Fire and HazMat violations across City sites Develop a prioritized corrective action plan
Support closure documentation and regulator communication Coordinate with City staff and inspectors to facilitate timely resolution Attachment 1
•
•
•
•
□
2. Hazardous Materials Business Plan (HMBP) & CERS Compliance BSI will develop and/or update HMBP submittals in the California Environmental Reporting System (CERS) for applicable City facilities.
Scope includes:
Development and/or update of:
- Facility Information
- Hazardous Materials/Waste Inventory
- Site Maps and Storage Maps
- Emergency Response/Contingency Plans (CERS-compliant templates) Onsite support to:
- Conduct physical inventory verification of reportable hazardous materials - Confirm hazard classifications
- Validate required site map elements (e.g., storm drains, utilities, emergency equipment, waste areas) Preparation of compliant site plans based on City-provided base maps
3. Underground Storage Tank (UST) Program Compliance
BSI will support updates and corrections to UST program documentation, including:
Update and resubmittal of UST Monitoring Plans to address identified deficiencies Update of UST Response Plans to reflect current personnel and responsibilities Assistance with UST Operating Permit documentation corrections Facilitate completion of required UST compliance forms and certifications Facilitate updating and submitting Financial Responsibility documentation within CERS Ensuring documentation reflects current authorized personnel and meets annual submittal requirements
4. Aboveground Storage Tank (AST) Program Compliance
BSI will support updates and corrections to AST program documentation, including:
Review current site spill prevention control and countermeasure (SPCC) plans Facilitate updates for existing SPCC plans to reflect current site conditions Project Team and Budget
BSI will assign an appropriately qualified consultant to provide dedicated onsite and offsite support on a time- and-materials basis, focused on the compliance areas identified above. Subject Matter Expert (SME) support and quality review oversight will be provided, as needed, throughout the duration of the project.
Support will be provided on a time-and-materials basis for a total amount not to exceed $72,000 over a three- month (12-week) period. Within this budget, BSI anticipates providing a mid-level consultant for up to 24 hours per week, supported by a senior-level consultant providing an average of up to three hours per week for technical oversight, strategy, and quality review.
Attachment 1
•
•
•
•
•
•
•
•
•
•
•
Support services will be provided using the following discounted hourly rate structure for the City of Sunnyvale:
Consultant Level Hourly Rate
Principal Consultant $315
Senior Consultant $284
Consultant $239
Associate $207
Specialist $167
Technician $149
Production Technician $109
Assumptions
The following assumptions apply to this scope of work:
Changes to scope may result in a change order request.
BSI may facilitate completion and resolution of NOVs, the City of Sunnyvale is ultimately responsible for compliance.
City of Sunnyvale is responsible for Licensed UST Operator requirements.
City of Sunnyvale is responsible for any permit fees or application.
BSI will focus its efforts on reviewing and updating all HMBPs and associated programs. Chemical inventories for larger, more complex sites such as the Corporation Yard and Water Pollution Control Plant may need to be considered under a separate scope.
Project Budget
Item Description Terms Cost Estimate
Regulatory Compliance Support Time and Materials $72,000 Total $72,000
Budget Conditions
After-hours (before 7 am and after 7 pm) and weekend/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.
Authorized subcontracts, equipment rental, project supplies/outside vendor services are billed as proposed.
Automobile mileage is billed at the federal rate.
Estimated completion date: 08/31/26
Prepared by:
Joe Moulton, CSP, CHMM
Principal Consultant Reviewed by:
Susan Wilson, MS, REPA, CESCO
Principal Consultant
Signature: Joe Moulton Signature: Susan Wilson
Attachment 1
•
•
•
•
•
•
•
•
Work will be performed pursuant to the Terms and Conditions of the Master Services Agreement (the “MSA”) dated as of August 11, 2002, (PA0001035) by and between BSI Services and Solutions, Inc. and City of Sunnyvale Safety and Loss Control. Capitalized terms used and not otherwise defined herein have the meaning given to such terms in the MSA. This Statement of Work is effective as of the last date of a Party’s signature set forth below and will remain in effect for one (1) year unless terminated earlier per the MSA. In the event of any conflict between this Statement of Work and the MSA, the terms of the MSA shall prevail. Attachment 1 Page 9 of 15 Client Authorization
Client representatives should fill out the information on this page. The “Signature” section is required. All other sections are optional.
Signature
Signature of Authorized Representative:
Date:
Company Name:
Name:
Job Title:
Purchase Order Information
Does your company procurement team require a PO number for service billing? (Y/N): Y N PO/CO #: Amount:
Payment Terms: 30 Days – Per MSA Name/Title:
Phone: Email:
Client Billing Address
Name: City of Sunnyvale
Attention: Finance Department/Accounts Payable
Address: PO Box 3707
City: Sunnyvale State: CA Zip: 94086
Email: [email protected]
Accounting Information
Client Accounts Payable Email: [email protected] Client Accounts Payable Phone Number: 408.730.7379
06/04/26
City of Sunnyvale
Sweekar Simpson
Risk Manager
Attachment 1
□ □
Project Authorization Order (PAO)
Project Number: 1517539 New Authorization: Change Order (Previous No.) Date: 05/07/26 Offer Expiration Date: 06/30/26
Company Name: City of Sunnyvale
Company Address: 456 W Olive Ave, Sunnyvale CA 94086
Contact Name: Sweekar Simpson
Contact Job Title: Risk Manager
Contact Phone: 408.730.3003 Email: [email protected] Project Title: City of Sunnyvale Emergency Evacuation/Egress Readiness Project Background/Scope
BSI America Professional Services Inc. (BSI) is pleased to provide the following scope of work for the City of Sunnyvale Community Center. The scope is related to evacuation readiness for the Recreation Center and Library Services. During conversations with City of Sunnyvale Risk Manager Sweekar Simpson, BSI learned that these buildings have not reviewed their maps or performed evacuation drills for a significant/unknown amount of time.
Proposed Approach and Methodology
Task 1: Evacuation Map Assessment
Based on conversations with the City of Sunnyvale Risk Manager, a review of current evacuation maps is requested for appropriateness and effectiveness. BSI consultants will travel to the below-identified locations and floors and assess each building configuration to determine egress pathway, exits, and the locations of specified life-safety items in the buildings.
The locations to be assessed include:
Sunnyvale Library – three floors.
Recreation Center – one floor.
The onsite assessment will evaluate:
Map posting locations.
Egress routes.
Attachment 1
•
•
•
•
□
Maps will be assessed for appropriateness, including, but not limited to:
“You are here” posting.
Egress pathway.
Location of life safety items (e.g., automated external defibrillator [AED], first-aid kit, fire extinguishers).
Pull stations.
North orientation.
Adjacent streets.
Evacuation staging areas/evacuation assembly areas.
Deliverables/Reporting
BSI consultants will travel onsite for total of eight hours to assess the two buildings.
BSI will review the current maps and posted maps for accuracy. Upon completion of the assessment, BSI will provide suggested path forward for updates to these emergency resources.
Task 2: Map updates
To provide map updates, this task will require a change order once the number of required maps is determined.
The change order will detail the number of maps and cost.
Upon completion of Task 1 and upon agreement with City of Sunnyvale Risk Manager Sweekar Simpson, BSI will update maps as identified.
The maps will be in color with a legend and identify essential/critical life-safety equipment as identified in Task 1.
Deliverables/Reporting
BSI will create one draft version of each map in Microsoft PowerPoint for review and approval. Upon approval of the draft maps by City of Sunnyvale, BSI will finalize and provide the maps in PowerPoint format.
Task 3: Evacuation Drills
BSI will identify a consultant(s) to design, develop, and facilitate functional evacuation drills. This will include one evacuation drill for the Sunnyvale Library and one evacuation drill for the Recreation Center. Each drill will include:
An onsite walk through prior to the exercise with identified leader(s) and trusted agents.
A 60-minute onsite briefing with leaders from each site prior to the exercise to review safety, communications, and expectations.
Pre-activation checklist with roles and responsibilities.
Facilitation of exercise.
An after-action review to identify strengths and opportunities for improvement.
The exercise at each location will include a walkthrough and a pre-exercise meeting will require four hours.
Attachment 1
•
•
•
•
•
•
•
•
•
•
•
•
Deliverables/Reporting
BSI will create one draft version of each of the following drill resources for review and will finalize upon approval by City of Sunnyvale:
Pre-activation checklist with roles and responsibilities for the City of Sunnyvale’s use and reference Facilitators guide for BSI use while activating the evacuation A high-level After-Action Report (AAR) for each building identifying strengths and opportunities for improvement
Assumptions
Changes to scope on a task may result in a change order request.
One draft version of each deliverable will be provided.
The site visit will be coordinated at mutually agreed-upon dates and times.
The City of Sunnyvale will provide the BSI consultant(s) with access to the facility and escort them during the site visit.
The City of Sunnyvale will provide BSI with editable electronic (PowerPoint or PDF) floor plans/drawings for each of the indicated locations and identified floors.
Costs include one round of document review and edits by the City of Sunnyvale.
BSI does not have the ability to formally print these maps in compliance with the Americans with Disabilities Act (ADA).
Project Budget
Item Description Terms Cost Estimate
Task 1: Onsite assessment Time and Materials, Not to Exceed $4,000 Task 2: Map improvement Time and Materials, Not to Exceed TBD Task 3: Evacuation Drills Time and Materials, Not to Exceed $22,200 Total $26,200
Budget Conditions
After-hours (before 7 am and after 7 pm) and weekend/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.
Attachment 1
~
~
~
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Estimated completion date:12/31/26Prepared by:David I. Blacksberg, MPH, CBCP, LSSBB, NEMAAReviewed by:Steven Meyers, CIH, CSP Principal ConsultantSignature:David BlacksbergSignature:Steven Meyers Work will be performed pursuant to the Terms and Conditions of the Master Services Agreement (the “MSA”) dated as of August 11, 2002, (PA0001035) by and between BSI Services and Solutions, Inc. and City of Sunnyvale Safety and Loss Control. Capitalized terms used and not otherwise defined herein have the meaning given to such terms in the MSA. This Statement of Work is effective as of the last date of a Party’s signature set forth below and will remain in effect for one (1) year unless terminated earlier per the MSA. In the event of any conflict between this Statement of Work and the MSA, the terms of the MSA shall prevail. Attachment 1 Page 14 of 15 Client Authorization
Client representatives should fill out the information on this page. The “Signature” section is required. All other sections are optional.
Signature
Signature of Authorized Representative:
Date:
Company Name:
Name:
Job Title:
Purchase Order Information
Does your company procurement team require a PO number for service billing? (Y/N): Y N PO/CO #: Amount:
Payment Terms: 30 Days Per MSA Name/Title:
Phone: Email:
Client Billing Address
Name: City of Sunnyvale
Attention: Finance Department/Accounts Payable
Address: PO Box 3707
City: Sunnyvale State: CA Zip: 94088-3707
Email: [email protected]
Accounting Information
Client Accounts Payable Email: [email protected] Client Accounts Payable Phone Number: 408.730.7379
Attachment 1
05/07/26
City of Sunnyvale
Sweekar Simpson
Risk Manager
□ □