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HomeMy WebLinkAbout08 - Grease Interceptor - BMP - Storm-water BMP InspectionsCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. s September 23, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Utilities Department Terresa Moritz, Management Assistant, 949 - 644 -3013 tmoritz @city.newport- beach.ca.us SUBJECT: Professional Services Agreement with Environmental Compliance Inspection Services (ECIS) for Grease Interceptor Inspections, Grease BMP Inspections and Storm -water BMP Inspections ISSUE: In an effort to reduce or eliminate sewage spills caused by grease from commercial entities, should the City hire a private - sector firm (Environmental Compliance Inspection Services) to conduct specialized "best management practice" (BMP) training for restaurants and other food service establishments (FSEs) and to inspect existing grease control devices? RECOMMENDATION: Approve Professional Services Agreement with ECIS for the contract price of $46,000, and authorize the Mayor and the City Clerk to execute the agreement. DISCUSSION: Background: The California Regional Water Quality Control Board, Santa Ana Region (RWQCB) adopted an order to eliminate Sanitary Sewer Overflows (SSOs) and as part of the order directed each City to come up with approved BMPs to prevent all SSOs. In addition the County has developed BMPs for curbing "urban run -off' and reducing discharges to the State water bodies. Based on these two requirements the City has worked with ECIS (who currently contracts with Laguna Beach and Oceanside) to provide basic restaurant and food service establishment - related BMP training and annual inspections at all FSEs to do a thorough Grease and Storm -water inspection. PSA for Grease /Storm -water BMP Inspections September 23, 2003 Page 2 These inspections will assist the City in meeting the County's requirements and the RWQCB's desire to eliminate all SSOs. Utilities staff has worked with Dave Kiff on the Stormwater portion of this PSA and he concurs with our recommendation. Utilities Department retained ECIS in early 2002 to do an assessment and inventory of the City's 320 or so FSEs, to develop a database and determine what level of grease devices each FSE had. This information will be utilized to develop a program that meets the requirements of the RWQCB's order. Professional services to the roughly 320 food service establishments in Newport Beach will include the following items: 3x annual inspections of grease interceptor or grease trap maintenance; 2x annual education, training and inspection relating to grease control BMPs, including written notification when an FSE is in non - compliance with City ordinances; and 1x annual education, training and inspection relating to stormwater /urban runoff BMPs, including written notification when an FSE is in non - compliance with City ordinances and including delivery of relevant City materials related to the stormwater program. ECIS is a Rancho Santa Margarita -based company that specializes in this unusual service. Because we have been satisfied with the firm's work in 2002 and because we are unaware of other firms that provide this service, we are comfortable in requesting a sole- source contract. Earlier in 2003, we met with the Newport Beach Restaurant Association's board of directors to talk about this inspection effort. Mr. Jon Kinley, the principal with ECIS, joined us at the meeting. Subsequent to the meeting, we worked with the restaurateurs to develop revisions to the City's grease control ordinance. These revisions have not yet come before the City Council for adoption. Environmental Review: No environmental review is required for the professional services associated with this report. Funding Availability: Funding is available in account number 7533- C5600691 (Sewer Enterprise Fund) for the Grease Interceptor Inspections and Grease BMP Inspections and Training in the amount of $27,519 and funding is available in account number 7503- C5500787 (Water Enterprise Fund) for the Storm -water BMP Inspections and Training in the amount of $18,481. PSA for Grease /Storm -water BMP Inspections September 23, 2003 Page 3 Prepared by: Submitted by: Ln� c;� esa Mori ment Assistant Llaon Davidson, Utilities Director Attachments: Professional Services Agreement ECIS Proposal PROFESSIONAL SERVICES AGREEMENT WITH ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES THIS AGREEMENT, entered into this day of September, 2003, by and between the City of Newport Beach , a Municipal Corporation (hereinafter referred to as "City "), and Environmental Compliance Inspection Services (ECIS), whose address is 12 Via Torre, Rancho Santa Margarita, California, 92688, (hereinafter referred to as "Consultant "), is made with reference to the following: RECITALS A. City is a Municipal Corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to implement a City -wide Storm Water and Grease Inspection and Best Management Practices (BMP) Training Program ( "Project "). C. City desires to engage Consultant to inspect all Food Service Establishments (FSE's) in the City to ascertain compliance with the County wide requirements to eliminate Sanitary Sewer Overflows (SSO's) related to grease and curb "Urban Run -off" by implementing Best Management Practices (BMP's) for the FSE's to follow as outlined in the Scope of -1- Services attached hereto as Exhibit "A" and upon the terms and conditions contained in this Agreement. D. The principal member of Consultant for purpose of this Project is Jon C. Kinley. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to contract with Consultant under the terms and conditions provided in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall be for one year, and shall commence on the 30th day of September, 2003, and shall terminate on the 30th day of September, 2004, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the Scope of Services, attached hereto as Exhibit "A" and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates set forth in Exhibit "A" attached hereto and -2- incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed the total contract price of Forty -Six Thousand Dollars ($46,000). [Grease related inspections and Grease BMP's total $27,519 and Storm -water BMP's total $18,481.] 3.1 Consultant shall maintain accounting records of its billings which include the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses, including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly progress invoices describing the work performed during the preceding month, to City payable by City within thirty (30) days of receipt of invoice, subject to the approval of City. Consultant shall state on the invoices that Consultant has performed the services in full conformance with this Agreement and is entitled to receive payment. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. "Extra work" shall mean any work that is determined by the City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Any authorized compensation for Extra Work shall be paid in accordance with the schedule of -3- the billing rates as set forth in Exhibit "A ". 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance by City. Such costs shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultant for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 3.5 Notwithstanding any other paragraph or provision of this Agreement, beginning on the effective date of this Agreement, City may withhold payment of ten percent (10 %) of each approved payment as approved retention until all services under this Agreement have been substantially completed. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with community professional standards. 51 All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. If Consultant is performing inspection or construction management services for the City, the assigned staff shall be equipped with a Nextel Plus type cellular /direct connect unit to communicate with City Staff; consultant's Nextel Direct Connect I.D. Number will be provided to City to be programmed into City Nextel units, and vice versa. Consultant further represents that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, failure of City to furnish timely information or to promptly approve or disapprove Consultant's work, delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents to be the agents or employees of City. Consultant shall have the responsibility for and control over -5- the details and means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant on Project. 7. PROJECT MANAGER Consultant shall assign Project to a Project Manager, who shall coordinate all phases of Project. This Project Manager shall be available to City at all reasonable times during term of Project. Consultant has designated Jon C. Kinley to be its Project Manager. Consultant shall not bill any personnel to Project other than Mr. Kinley, whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. IQ Consultant warrants it will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and Consultant shall perform the services to completion in a diligent and timely manner. The failure by Consultant to do so strictly adhere to the schedule may result in termination of this Agreement by City and assessment of damages against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays, which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 8.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition, which purportedly causes a delay, but not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances by telephone, fax, hand delivery or mail. 9. CITY POLICY -7- Consultant shall discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE LAW REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the M sole negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except for workers compensation and errors and omissions insurance, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured's for all liability arising from Consultant's services as described herein. All insurance policies shall be issued by an insurance company currently authorized by the Insurance commissioner to transact the business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial size Category Class VII (or larger) in accordance with the latest edition of Bests Key Rating guide: unless otherwise approved by the City Risk Manager. The following policies are required: us A. Worker's compensation insurance, including a "Waiver of Subrogation" clause, covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance original certificate and endorsement (which includes additional insured and primary and non- contributory wording), covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance, including additional insured wording, covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance, which covers the services, to be performed in connection with this Agreement in the minimum amount of One Million Dollars ($1,000,000). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in -10- writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing workers compensation, comprehensive general, and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation, which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or _11_ more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership orjoint- venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless City authorizes the release of information. 17. CITY'S RESPONSIBILITIES -12- In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. City staff will provide usable life of facilities criteria and provide information with regards to deficient facilities. 18. ADMINISTRATION The Utilities Department will administer this Agreement. Terresa Moritz shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall -13- allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS SEE City reserves the right to employ other consultants in connection with Project. 23. CONFLICTS OF INTEREST A. Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT AND SUBCONTRACTING Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with -15- the express written consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach Terresa Moritz, Utilities Department 3300 Newport Boulevard Newport Beach, CA, 92658 -8915 Phone: (949) 644 -3011 Fax: (949) 646 -5204 All notices, demands, requests or approvals from City to Consultant shall be -16- addressed to Consultant at: ECIS Jon C. Kinley 12 Via Torre Rancho Santa Margarita, CA 92688 Phone /Fax: (949) 888 -6536 26. TERMINATION In the event either party hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. -17- 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 30. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services attached hereto, the terms of this Agreement shall govern. 31. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed sm on the day and year first written above. APPROVED AS TO FORM: By: City Attorney ATTEST: By: City Clerk CITY OF NEWPORT BEACH A Municipal Corporation By: CONSULTANT 0 Jon C. Kinley ECIS Attachments: Exhibit A — Scope of Services -19- ENVIRONMENTAL COMPLIANCEINSPECT /ON SERVICES 12 VIA TORRE RANCHO SANTA MARGARITA CA, 92688 PHONE /FAX: (949) 888 — 6536 E -MAIL: ENVIROSPECTIO- AOL.COM I ��� I �I �I I 7I. •• 8 -15 -03 To: Mr. Dave Kiff / Asst. City Manager / City of Newport Beach Re: Proposal for cost of Source Control Program Dear Mr. Kiff, Per our recent discussion, below is the proposal for ECIS to implement a Source Control Program for the City of Newport Beach This program will consist of three components, Quarterly Grease Interceptor /Grease Trap inspections, bi- annual Grease BMP Inspections and annual Storm -water BMP Inspections. GREASE INTERCEPTORITRAP INSPECTIONS: ECIS proposes to inspect all Grease Interceptors and Grease Traps within City of Newport Beach sewer service area every 4 months. These inspections will be carried out in the same manner, as they were within CNB from November 3001- February 2003. Based on a lid count of 319 from February 2002, the estimated yearly cost of these inspections is $ 16,369 (J 19 x $17 x 3). GREASE BEST MANAGEMENT PRACTICES INSPECTIONS: ECIS proposes to inspect all Food Service Establishments (FSE's), within CNB sewer service area to monitor compliance or non- compliance with the Cities Grease BMP Inspection Program. ECIS proposes to inspect all FSE's designated as grease producing at a rate of fifteen (15) dollars per., on a bi- annual basis ECIS proposes to inspect for the following at these inspections: (1) Removal of Garbage Grinder (2) Inspect Grease Collection Maintenance logs, Exhaust Hood Maintenance logs and Employee Training logs (3) Inspect for installation and maintenance of all Drain Screens (4) Inspect to ensure Food Waste BMP's are followed (5) Inspect to ensure Dry Wiping BMP is followed (6) Inspect for Emergency Spill Materials or Spill Response Kit (7) Inspect to ensure Grease BMP poster(s) are located in approved areas. ECIS proposes to inform and give written notification of all instances of Non - Compliance to all affected FSE's, as well as how to obtain compliance, as described in the Grease Control Best Management Practices Inspection Report. ECIS proposes to distribute all materials pertaining to the Grease BMP Program to all affected FSE's. ECIS proposes to charge CNB a fee of fifteen (15) dollars for all return inspections due to non - compliance. ECIS proposes to notify CNB of all FSE's in non - compliance with the Grease BMP Inspection Program. There were as of Feb 2002, 289 establishments that would be subject to the BMP Program Inspections. Because it has been over I year since the last inspections- ECIS estimates that the actual number of FSE's has risen to 300. Estimated yearly cost of BMP Program Inspections is $ 11,250. (300 X $15, X 2 + 150 rechecks @ $15 per- or $9,000 + $ 2,250) August 15, 2003 Page 2 STORM -WATER B.M.P. INSPECTIONS: ECIS proposes to perform on -site, Storm -water Best Management Practices inspections at all FSE's listed currently, or in the future, within the Source Control Program database, in accordance with all measures as detailed within the proposed URBAN RUNOFF RESTAURANT INSPECTION FORM. ECIS proposes to perform these inspections on an annual basis. ECIS proposes to inform and give written notification of all instances of Non - Compliance to the affected FSE , and how to obtain compliance, as described within the URBAN RUNOFF RESTAURANT INSPECTION FORM. ECIS proposes to inform CNB of all FSE's found to be in Non - Compliance, with all enforcement procedures beyond the established notification of non- compliance procedure(s) by ECIS, to be CNB responsibility. ECIS proposes to distribute all applicable and relevant material related to the program to all known and /or affected FSE's. ECIS proposes to charge CNB a fee of $ 30.00 per FSE inspected. ECIS proposes to perform these inspections beginning in ?, 2003. All return inspections due to non - compliance will carry a fee of $30.00 per FSE, per visit. There were as of February 2002, approximately 300 establishments subject to inspection. Because it has been over I year since the last inspections, ECIS estimates the total number of FSE's subject to inspection to be approximately 320. Annual cost of inspections, without return inspections = $ 9.600. (320 x 30 ). The number of FSE's in non - compliance is difficult to estimate, however ECIS estimates that out of 330 FSE's, roughly half will have some level of non- compliance and thus subject to return inspection. These 150 return inspections add an additional $ 4,500 to the annual price. ECIS estimates the number of FSE's in non - compliance during the second round of inspections will be much less, again it is difficult to estimate, however ECIS estimates the number of FSE's in non- compliance after the second round of inspections will be 75. These 75, second round return inspections add an additional $2,250 to the annual price. Therefore the estimated annual price to carry out annual inspections, along with the estimated number of return inspections is S 16,350. ($9,600 + $4,500 (first run rechecks) + $ 2,250 (second run rechecks). An added amount of S2,131 has also been added to account for an anticipated high degree of non - compliance. This figure was added to bring the cost of the entire program to an even number and is based on past experience. ECIS estimates that the total annual cost to perform all three inspections, Grease- trap /Grease Interceptor, Grease BMP's and Storer water BMP's, will be $ 46,000. ECIS has estimated this cost at a moderate to high degree of instances of non - compliance, therefore the actual cost may be less. Respectfully submitted. Jon C. Kinley ECIS