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Managing Safety
  Contracts
     Joint meeting between the American Society of Safety
    Engineers (ASSE), Greater San Jose Chapter and Public
   Agency Safety Management Association (PASMA), Northern
                          California
                   Biltmore Hotel, Santa Clara, CA
                            April 9, 2013




       Presented by Tyler Nguyen, CSP REP
              County of Santa Clara




                                                            1
Topic Summary and Biography


     Topic summary:  The process begins with defining the scope of services
      and ending with a qualified contractor that can perform terms of contract. All
      steps in between will be discussed including research work on industry
      standards and practices; engaging with procurement, insurance, and legal;
      sending out the request for proposals; screening out for top prospective
      vendors; interviewing potential contractors; putting all the pieces in their
      places; and finally awarding a contract.
     Biography:  Tyler Nguyen is an Environmental Health Safety & Sustainability
      professional based in the San Francisco Bay Area with over 20 years of
      experience across three industries: insurance, high technology
      manufacturing, and government. He enjoys meeting challenges, networking
      with fellow professionals and mentoring recent graduates or non-AARP
      members entering the field.




    ASSE Greater San Jose, Joint Meeting with PASMA North, April 9, 2013, Biltmore Hotel, Santa Clara, CA   2
Talking Points
   About the County of Santa Clara
   Contract – a binding agreement
   Business objectives
   Safety, health and environmental consideration
   Three phases of contracting: before during and
    after
   Question & Answer, time permitting



                                                     3
About the County

   1. Cisco Systems Inc., 17,335 Silicon Valley EEs
   2. County of Santa Clara , 15,481* Silicon Valley EEs
         5 million square feet of county-owned facilities
         1.6 million square feet of commercial leased space

   3. Kaiser Permanente Northern California, 13,500
   4. Stanford University & SLAC National Accelerator
    Laboratory, 11,569
   5. Apple Inc., 10,000
                              T op of the Li st: Biggest Employers
    *15,339 as of             S ilicon Val ley / San Jose Business Journal by
                              Julia Cooper, Researcher

    2/26/13                   Date: Friday, December 31, 2010, 9:00am PST
                                                                                4
SB 198 – who among you
remember?
   Effective July 1991
   Transportation Authority fined – hazardous waste
   County Chief Executive Officer Sally Reed
   OSEC created 1992
   Tasked with occupational safety & environmental compliance –
    internal operations
   Currently under Employee Services Agency umbrella




                                                                   5
Residents and Employees
 Question: Why (as a safety professional) do you
 get into contracting?

 Answer: Because our profession is about protecting
 people, the environment, and property. ASSE Greater San Jose
 chapter Past President Jay Jamali’s PEP rule

 In addition to industry-specific technical knowledge, safety professionals also need these 9 skills:
 1.communication with upper management              5. environmental regulations
 2.Communication with workers/training              6. engineering
 3.Leadership                                       7. ergonomics
 4.Emergency preparedness/response                  8. industrial hygiene            9. human resources

 Source: “Safety + Health August 2012” Ashley Johnson, associate editor




                                                                                                          6
Shared Responsibility

                                Safety and
                              Environmental           Safety
                               Management           Coordinators
                                  Board



                         Countywide                              Agency,
                           Safety
                         Committee          OSEC                Department
                                                                  Heads




                                                      County
                            Facility Managers        Employees




ASSE Greater San Jose Joint Meeting with PASMA North, April 9, 2013, Biltmore Hotel, Santa Clara, CA   7
PS Asks Mary Kilgo , SAP Senior Director for Sustainability Solution Management

                  www.asse.org, Professional Safety, February 2013




    “Demonstrate that you understand the whole business
     and can contribute to it positively.”
    “Safer operations do not increase costs. A safer
     operation leads to higher profit and benefits both
     workers and the nearby community.”
    “There is no substitute for hands-on experience.”




                                                                              8
“Safety professionals are staff,
not line, management.”
   Understand Role
   Fix systems, not
    workers
   Management systems
    drive safety excellence      Article “Taking Safety Seriously, a Contrarian
                                  View of the Safety Practice,” by Jim Loud, CSP,
    and the safety culture        CHMM, CQA

   Don’t confuse                Published in monthly Professional Safety
                                  magazine, www.ASSE.org, March 2012
    compliance with safety



                                                                                9
Major Business Units
       Valley Medical Center                                                        More
                                                                                     importantly,
       Social Services Agency                                                       we value our
                                                                                     safety
       Roads & Airports                                                             coordinators
                                                                                     who are our
       Parks & Recreation                                                           eyes and
                                                                                     ears line
       Sheriff/Correction/Probation                                                 personnel
                                                                                     helping us
       Facilities and Fleet                                                         with the
                                                                                     business of
                                                                                     safety on a
                                                                                     daily basis.
ASSE Greater San Jose Joint Meeting with PASMA North, April 9, 2013, Biltmore Hotel, Santa Clara, CA
                                                                                                       10
Approach – Multiple Paths
                              Types
Partners
                              •Board Contracts
    Human
     Resources                •Service
    Procurement              Agreements
    County Counsel      “Whenever a Board Contract PO
                         (4300) or Service Agreement PO
    Fiscal/Accounting   (4400) is created in SAP (by
    Facilities          Procurement or myself or anyone),
                         the contract/agreement is attached
                         to the PO in SAP.”                   11
Capital Project Priorities
                         County of Santa Clara Board of Supervisors Policy 4.1.1




•Legal Mandates
•Health and safety effects
•Preservation of existing capital facilities
•Service level changes (quality of service)
•Fiscal impacts
•Environmental sustainability
•Aesthetic or social effects



  ASSE Greater San Jose Joint Meeting with PASMA North, April 9, 2013, Biltmore Hotel, Santa Clara,
  CA                                                                                                  12
Facility Condition Assessment
                   Fiscal Year 2013 (July 1, 2012 to June 30, 2013)


    Target – $54 million

    Maintain - $29 million

 Criminal justice departments, Correction &
   Probation, have the poorest condition and
   the highest projected future repair and
   maintenance. Heating, ventilation, air
   conditioning, refrigeration, and boilers are in
   need of nearly $199 million in
   recapitalization.
ASSE Greater San Jose Joint Meeting with PASMA North, April 9, 2013, Biltmore Hotel, Santa Clara,   13
CA
FY 13 New General-Funded
         Capital Projects
   Maintenance & Repair Backlog -
    $5M
   Elmwood Support Services HVAC -
    $3.5M
   James Ranch - $2.6M
   Energy Projects - $1M
   Warehouse Renovation at Army Site
    - $750K
   FY 13 Capital Planning Budget -
    $300K
   Elmwood M1 Plan & Design - $200K
   Animal Shelter Modular Move -
    $200K
   Sig Sanchez Building Repairs -
                                        Total - $13,750,000
    $200K
                                                              14
“What’s your criteria?”      Dr. Jon Moldestad




   Support end-users (See
    JJ’s PEP rule)
   Business objectives
   Effectiveness and
    efficiency


                                                 15
3 Phases of contracting:

    1.Before
    2.During
    3.After
Mike Wasserman – District 1
Vacant- District 2
Dave Cortese – Districct 3
Ken Yeager – District 4
Joe Simitian - District 5




                                    16
RFP and K timeline

Request for proposals:

•BidSync
•State of California
•Word of mouth
•Cold calling
•Yellow pages
•Internet search
•Association meetings
•Others

NON-EXCLUSIVE            17
Before – the job interview


   Fairness, parity, equity
   Be transparent
   Collaboration




                              18
RFP and K timeline
The Selection Process:
• Convene a panel of experts and end-users
• Review, rate the proposals and rank the
competing firms
• Interview top bidders
• Field trips; site visits; reference checks

Contract Award:
• Negotiations with prospective awardee(s)
• Contract in force

                                               19
During – the job performance

  Quarterly reports
  Face to face meetings
  Put it in writing




                               20
Business Relationship Cycle

• Contract Life Cycle
• Operator Key Players
• Phases, Issues, Solutions
  a. Onboarding or In Play
  b. Routine Operations: early stages,
     ongoing, late
  c. End Project


                                         21
After – the exit interview

  Payment for services
  No loose ends
  End on good terms




                             22
Purpose of Contractor Management System or What’s
 Your criteria?



•From 1st date to the Prom
    •No connection, shallow knowledge;
    defined, expectations, energy; commitment,
    investment, liabilities
•Select the safest or the best – price,
reliability, metrics; competitive evaluation,
acceptable risk, quantify it, 3 heads better
than 1.

                                                     23
How do we measure the
      success?


   ROI – return on investment
       1 to 3 – Liberty Mutual,                                    white paper, circa 2006

       1 to 6 – National Safety Council,                                                     Al Roth SLAC
        National Accelerator Lab presentation, September 13, 2012




                                                                                                             24
County Board of Supervisors
10/23/2012 meeting agenda
   •Partial payment of $62.9M city to county debt
   •113,000 square-foot former San Jose City Hall, built in
   1958
   •Civic Center master plan: eliminate leased space,
   consolidate services, maximize land value, generate
   revenue, minimize environmental impacts
   •3 to 5 year process
   •Advantages: access to freeways, light rail and other
   transportation systems including Mineta San Jose
   International Airport
   •Disadvantages: less energy-efficient older buildings,
   area below flight path (height restrictions)




                                                              25
26
27
28
29
Words of wisdom
“A journey of a thousand miles
   begins with a single step.”
   Lao-tzu, The Way of Lao-tzu,
   Chinese philosopher (604 BC -
   531 BC) 

“You may never know what results
   come of your action, but if you do
   nothing there will be no result.”
   Mahatma Gandhi

“Just do it.” – Nike

                       SCC contracts in force - 630   30
Thank You!



             31

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Asse april2013 k

  • 1. Managing Safety Contracts Joint meeting between the American Society of Safety Engineers (ASSE), Greater San Jose Chapter and Public Agency Safety Management Association (PASMA), Northern California Biltmore Hotel, Santa Clara, CA April 9, 2013 Presented by Tyler Nguyen, CSP REP County of Santa Clara 1
  • 2. Topic Summary and Biography  Topic summary:  The process begins with defining the scope of services and ending with a qualified contractor that can perform terms of contract. All steps in between will be discussed including research work on industry standards and practices; engaging with procurement, insurance, and legal; sending out the request for proposals; screening out for top prospective vendors; interviewing potential contractors; putting all the pieces in their places; and finally awarding a contract.  Biography:  Tyler Nguyen is an Environmental Health Safety & Sustainability professional based in the San Francisco Bay Area with over 20 years of experience across three industries: insurance, high technology manufacturing, and government. He enjoys meeting challenges, networking with fellow professionals and mentoring recent graduates or non-AARP members entering the field. ASSE Greater San Jose, Joint Meeting with PASMA North, April 9, 2013, Biltmore Hotel, Santa Clara, CA 2
  • 3. Talking Points  About the County of Santa Clara  Contract – a binding agreement  Business objectives  Safety, health and environmental consideration  Three phases of contracting: before during and after  Question & Answer, time permitting 3
  • 4. About the County  1. Cisco Systems Inc., 17,335 Silicon Valley EEs  2. County of Santa Clara , 15,481* Silicon Valley EEs 5 million square feet of county-owned facilities 1.6 million square feet of commercial leased space  3. Kaiser Permanente Northern California, 13,500  4. Stanford University & SLAC National Accelerator Laboratory, 11,569  5. Apple Inc., 10,000 T op of the Li st: Biggest Employers *15,339 as of S ilicon Val ley / San Jose Business Journal by Julia Cooper, Researcher 2/26/13 Date: Friday, December 31, 2010, 9:00am PST 4
  • 5. SB 198 – who among you remember?  Effective July 1991  Transportation Authority fined – hazardous waste  County Chief Executive Officer Sally Reed  OSEC created 1992  Tasked with occupational safety & environmental compliance – internal operations  Currently under Employee Services Agency umbrella 5
  • 6. Residents and Employees Question: Why (as a safety professional) do you get into contracting? Answer: Because our profession is about protecting people, the environment, and property. ASSE Greater San Jose chapter Past President Jay Jamali’s PEP rule In addition to industry-specific technical knowledge, safety professionals also need these 9 skills: 1.communication with upper management 5. environmental regulations 2.Communication with workers/training 6. engineering 3.Leadership 7. ergonomics 4.Emergency preparedness/response 8. industrial hygiene 9. human resources Source: “Safety + Health August 2012” Ashley Johnson, associate editor 6
  • 7. Shared Responsibility Safety and Environmental Safety Management Coordinators Board Countywide Agency, Safety Committee OSEC Department Heads County Facility Managers Employees ASSE Greater San Jose Joint Meeting with PASMA North, April 9, 2013, Biltmore Hotel, Santa Clara, CA 7
  • 8. PS Asks Mary Kilgo , SAP Senior Director for Sustainability Solution Management www.asse.org, Professional Safety, February 2013  “Demonstrate that you understand the whole business and can contribute to it positively.”  “Safer operations do not increase costs. A safer operation leads to higher profit and benefits both workers and the nearby community.”  “There is no substitute for hands-on experience.” 8
  • 9. “Safety professionals are staff, not line, management.”  Understand Role  Fix systems, not workers  Management systems drive safety excellence  Article “Taking Safety Seriously, a Contrarian View of the Safety Practice,” by Jim Loud, CSP, and the safety culture CHMM, CQA  Don’t confuse  Published in monthly Professional Safety magazine, www.ASSE.org, March 2012 compliance with safety 9
  • 10. Major Business Units  Valley Medical Center More importantly,  Social Services Agency we value our safety  Roads & Airports coordinators who are our  Parks & Recreation eyes and ears line  Sheriff/Correction/Probation personnel helping us  Facilities and Fleet with the business of safety on a daily basis. ASSE Greater San Jose Joint Meeting with PASMA North, April 9, 2013, Biltmore Hotel, Santa Clara, CA 10
  • 11. Approach – Multiple Paths Types Partners •Board Contracts  Human Resources •Service  Procurement Agreements  County Counsel “Whenever a Board Contract PO (4300) or Service Agreement PO  Fiscal/Accounting (4400) is created in SAP (by  Facilities Procurement or myself or anyone), the contract/agreement is attached to the PO in SAP.” 11
  • 12. Capital Project Priorities County of Santa Clara Board of Supervisors Policy 4.1.1 •Legal Mandates •Health and safety effects •Preservation of existing capital facilities •Service level changes (quality of service) •Fiscal impacts •Environmental sustainability •Aesthetic or social effects ASSE Greater San Jose Joint Meeting with PASMA North, April 9, 2013, Biltmore Hotel, Santa Clara, CA 12
  • 13. Facility Condition Assessment Fiscal Year 2013 (July 1, 2012 to June 30, 2013)  Target – $54 million  Maintain - $29 million Criminal justice departments, Correction & Probation, have the poorest condition and the highest projected future repair and maintenance. Heating, ventilation, air conditioning, refrigeration, and boilers are in need of nearly $199 million in recapitalization. ASSE Greater San Jose Joint Meeting with PASMA North, April 9, 2013, Biltmore Hotel, Santa Clara, 13 CA
  • 14. FY 13 New General-Funded Capital Projects  Maintenance & Repair Backlog - $5M  Elmwood Support Services HVAC - $3.5M  James Ranch - $2.6M  Energy Projects - $1M  Warehouse Renovation at Army Site - $750K  FY 13 Capital Planning Budget - $300K  Elmwood M1 Plan & Design - $200K  Animal Shelter Modular Move - $200K  Sig Sanchez Building Repairs - Total - $13,750,000 $200K 14
  • 15. “What’s your criteria?” Dr. Jon Moldestad  Support end-users (See JJ’s PEP rule)  Business objectives  Effectiveness and efficiency 15
  • 16. 3 Phases of contracting: 1.Before 2.During 3.After Mike Wasserman – District 1 Vacant- District 2 Dave Cortese – Districct 3 Ken Yeager – District 4 Joe Simitian - District 5 16
  • 17. RFP and K timeline Request for proposals: •BidSync •State of California •Word of mouth •Cold calling •Yellow pages •Internet search •Association meetings •Others NON-EXCLUSIVE 17
  • 18. Before – the job interview Fairness, parity, equity Be transparent Collaboration 18
  • 19. RFP and K timeline The Selection Process: • Convene a panel of experts and end-users • Review, rate the proposals and rank the competing firms • Interview top bidders • Field trips; site visits; reference checks Contract Award: • Negotiations with prospective awardee(s) • Contract in force 19
  • 20. During – the job performance Quarterly reports Face to face meetings Put it in writing 20
  • 21. Business Relationship Cycle • Contract Life Cycle • Operator Key Players • Phases, Issues, Solutions a. Onboarding or In Play b. Routine Operations: early stages, ongoing, late c. End Project 21
  • 22. After – the exit interview Payment for services No loose ends End on good terms 22
  • 23. Purpose of Contractor Management System or What’s Your criteria? •From 1st date to the Prom •No connection, shallow knowledge; defined, expectations, energy; commitment, investment, liabilities •Select the safest or the best – price, reliability, metrics; competitive evaluation, acceptable risk, quantify it, 3 heads better than 1. 23
  • 24. How do we measure the success?  ROI – return on investment  1 to 3 – Liberty Mutual, white paper, circa 2006  1 to 6 – National Safety Council, Al Roth SLAC National Accelerator Lab presentation, September 13, 2012 24
  • 25. County Board of Supervisors 10/23/2012 meeting agenda •Partial payment of $62.9M city to county debt •113,000 square-foot former San Jose City Hall, built in 1958 •Civic Center master plan: eliminate leased space, consolidate services, maximize land value, generate revenue, minimize environmental impacts •3 to 5 year process •Advantages: access to freeways, light rail and other transportation systems including Mineta San Jose International Airport •Disadvantages: less energy-efficient older buildings, area below flight path (height restrictions) 25
  • 26. 26
  • 27. 27
  • 28. 28
  • 29. 29
  • 30. Words of wisdom “A journey of a thousand miles begins with a single step.” Lao-tzu, The Way of Lao-tzu, Chinese philosopher (604 BC - 531 BC)  “You may never know what results come of your action, but if you do nothing there will be no result.” Mahatma Gandhi “Just do it.” – Nike SCC contracts in force - 630 30

Notas do Editor

  1. We know that healthier people who enter the healthcare system have better outcomes…For example, if their diabetes is controlled…