Loading...
HomeMy WebLinkAbout05 - Grease Interceptor & Grease BMP Program InspectionsCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 5 September 23, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Utilities Department Terresa Moritz, Administrative Analyst, 949 -644 -3013 tmoritz&ity.newport- beach.ca.us SUBJECT: Professional Services Agreement with Environmental Compliance Inspection Services for Grease Interceptor Inspections and Grease Best Management Practices Program Inspections ISSUE: Should the City enter into an agreement with Environmental Compliance Inspection Services to conduct specialized "best management practice" (BMP) training /inspection for restaurants and other food service establishments (FSEs) and to inspect existing grease control devices. RECOMMENDATION: 1. Approve Professional Services Agreement with Environmental Compliance Inspection Services (ECIS) for the contract price of $78,480 and authorize the Mayor and the City Clerk to execute the agreement. 2. Adopt Budget Amendment # BA -_ in the amount of $40,000 (from the wastewater enterprise system reserve to the Utilities' Grease Control Device Inspections account). DISCUSSION: Backaround: The State Water Resources Control Board ( SWRCB) adopted a state -wide order in 2006 to reduce Sanitary Sewer Overflows (SSOs), as part of the order directed each City to come up with approved BMPs to prevent all SSOs. To ensure compliance with this SWRCB Order the City developed a restaurant and food service establishment - related grease control BMP training and grease interceptor inspection program that PSA for Grease Control & BMP Inspections September 23, 2008 Page 2 must be conducted at approximately 380 food service establishments (FSEs) within the City on an annual basis. At a minimum the SWRCB mandated inspection requirements at each of the 380 FTEs include the following items: .• 4x annual inspections of grease interceptor or grease trap maintenance • 1x annual education, training and inspection relating to grease control BMPs, including written notification when an FSE is in non - compliance with City ordinances • Gather and maintain a complete database of all FSE inspection findings Staff issued a Request for Qualifications (RFQ) to firms with qualifications to perform the general scope of work as described above. Two firms responded to the RFQ. Of the two firms, staff believes that ECIS is most qualified to perform these required specialized inspection /training services as further detailed in the attached detailed scope of services. Furthermore; staff has been very satisfied with ECIS in providing these inspection services for the City under their previous three year contract term. Environmental Review: No environmental review is required for the professional services associated with this report. Funding Availability: Funding is available in account number 5600 -8159 (Grease Control Device Inspections) for the Grease Inspections and BMP Inspections and Training in the amount of $39,925. Attached is a budget amendment in the amount of $40,000 to fund the contract. Prepared b)t Submitted Analyst Std "yW,, Utilities Director Attachments: Professional Services Agreement ECIS Proposal Budget Amendment PROFESSIONAL SERVICES AGREEMENT WITH ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES FOR GREASE INSPECTION AND BEST MANAGEMENT PRACTICES PROGRAM THIS AGREEMENT is made and entered into as of this _ day of September, 2008, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City'), and Jon C. Kinley, doing business as (DBA) Environmental Compliance Inspection Services (ECIS), an individual, whose address is 12 Via Torre, Rancho Santa Margarita, California, 92688 ( "Consultant "), and 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 continue a City -wide Grease Inspection and Best Management Practices Program. C. City desires to engage Consultant to inspect all Food Service Establishments (FSE's) in the City to ascertain compliance with the State wide requirements to eliminate Sanitary Sewer Overflows (SSO's) related to grease and implementing Best Management Practices (BMP's) for the FSE's to follow ( "Project "). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project shall be Jon C. Kinley. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. G. City recognizes that the number of FSE's present in the City will fluctuate throughout the course of the term contemplated by this Agreement. Therefore, the City has determined that it will pay Consultant on a per - inspection basis for grease trap control device and Hest Management Practices inspections, and will pay the Consultant by the hour for an undetermined number of presentations to Council and other relevant groups. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: TERM The term of this Agreement shall commence on the above written date, and shall terminate on the — day of September, 2008, unless terminated earlier as set forth herein. City shall have the option to extend the contract for two additional years. 2. SERVICES TO BE PERFORMED Consultant shall perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 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 that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 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. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the billing rates detailed in Exhibit B and incorporated herein by reference. Consultant's compensation for work performed in accordance with this Agreement, including all reimbursable items, shall be billed at Twenty Dollars and nol100 ($20) per inspection point for FSE's with Grease Control Devices, and One Hundred Dollars and no1100 ($100) per FSE for Grease Best Management Practice Program Inspections performed annually. Consultant shall be paid Seventy Five Dollars and no1100 ($75) per hour for any meetings City asks Consultant to attend pertaining to City's Fats, Oils and Grease (FOG) Program. The actual total cost will be dependent on the total number of FSEs operating within the City at the time of each inspection, and actual number and length of meetings the City asks Consultant to attend. Due to the continually fluctuating number of FSE sites operating within the City, the total actual cost cannot be accurately estimated at the time of this Agreement's execution. The total compensation per year shall not exceed Seventy -Eight Thousand Four Hundred Eighty Dollars and no /100 ($78,480). No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit invoices to City describing the work performed. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and/or the specific task in the Scope of Services to which it relates, the date the services were performed, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. 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. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated JON C. KINLEY to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. If Consultant is performing inspection or construction management services for City, the Project Manager and any other 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. 6. ADMINISTRATION This Agreement will be administered by the Utilities Department. TERRESA MORITZ shall be 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. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. 8. STANDARD OF CARE 8.1 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. All services shall be performed by qualified and experienced personnel who are not employed by the City, nor have any contractual relationship with the City. 8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 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, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any work performed or services provided under this Agreement (including, without limitation, defects in workmanship or materials and /or design defects [if the design originated with Consultant]) or Consultant's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on orto enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or 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 the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance 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. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City's at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact 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 Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non- payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: L The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by. this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. 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. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: 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 cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership orjoint - venture. 16. SUBCONTRACTING 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 the express written consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. 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 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. 18. COMPUTER DELIVERABLES Not applicable to this contract with this Consultant. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 20. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his/her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 21. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all 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. 22. 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 and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall 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 to Consultant under this Agreement. 23. WITHHOLDINGS City may withhold payment to Consultant 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/her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 24. 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 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. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 26. CONFLICTS OF INTEREST The 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 any 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. 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 immediate 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. 27. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Consultant 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 Utilities Department Attn: Terresa Moritz 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949-644-3013 Fax: 949 - 646 -5204 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: ECIS Attn: Jon C. Kinley 12 Via Torre Rancho Santa Margarita, CA 92688 Phone /Fax: 949 - 888 -6536 28. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, 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) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30. 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. 31. 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 herein. 32. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 33. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 34. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 35. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 36. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: City' Attorney for the City of Newport Beach ATTEST: M LaVonne Harkless, City Clerk Attachments: Exhibit A — Scope of Services Rev: 0821081tam CITY OF NEWPORT BEACH, A Municipal Corporation By: Mayor for the City of Newport Beach CONSULTANT: Jon . Kinley IS / ECIS ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES SOURCE CONTROL SOLUTIONS Date: 8 -18 -08 To: Terresa Moritz / Administrative Analyst / City of Newport Beach Re: ECIS Source Control Inspections Program Proposal for City of Newport Beach Dear Terresa: Per our recent discussion, here is the proposal for ECIS to implement a Source Control Program for the City of Newport Beach (CNB). The program will consist of Grease Control Device Inspections (GCDI's) every three months and an annual Grease Best Management Practices (GBMP) inspection. This proposal will also include a fee schedule for special inspections such as Post SSO inspections. I GCDI'S: GREASE CONTROL DEVICE INSPECTIONS I INSPECTION FREQUENCY: ECIS proposes to inspect all Grease Interceptors and Grease Traps within CNB sewer service area every 3 months, as is currently in place. INSPECTIONS.O.P.: ECIS proposes to perform the following minimum at all inspections: 1. Contact FSE Owner/Manager. 2. Determine capacity and condition of grease interceptor /trap and record results. 3. Observe recent pumping manifests and or receipts- record on database. 4. Inform customer of all results and/or actions. 5. Issuance and follow up of notice of non - compliance (NON) if necessary. DATABASE: ECIS proposes to gather, maintain, and provide a complete Excel database of all FSE's which do and/or do not discharge wastewater containing fats, Oil or Grease (FOG) into the sewer collection system. This database will include, but is not limited to, the following information: I. Name - location of establishment. 12 VIA TORRE • RANCHO SANTA MARGARITA CA, 92688 • PHONEIFAX (949) 888 - 6536 • EM4IL.jkin1ey@edSg10ba1C0M ECIS 2. Property owner, manager, contacts person name(s), and phone number(s). 3. Grease interceptor /trap location, number of inspection points, and volume in gallons. 4. Date of inspection, most recent pumping date, and condition of interceptor /trap. 5. Waste hauler names, addresses, and phone numbers. 6. NON - issuance date(s), recheck dates, and results as well as any /all relevant information. RECORDS: ECIS proposes to keep all written records and all computer files /discs for a minimum of 3 years. All records will be made available to CNB at all times, and will be turned over to CNB after the 3 year period. ECIS proposes to supply electronically, an updated copy of the Excel database to CNB within two weeks of the end date of each inspection run. EDUCATIONAL MATERIALS /DOCUMENTATION: ECIS proposes to provide all dischargers and/or contractors, with all relevant documents pertaining to CNB sewer ordinance / FOG Program requirements. These documents shall be drafted, approved, and supplied by CNB. All pictures, video , paperwork, etc., shall be made available to CNB at all times. NOTIFICATION PROCEDURE: ECIS proposes to notify all dischargers found to be in noncompliance, or subject to notice of violation, as well as how to re- obtain compliance and within what time frame. ECIS does not provide any form of legal enforcement or take part in any form of city enforcement action(s), unless specifically authorized by CNB to do so. All legal enforcement and actions taken against any discharger by CNB after notice of noncompliance procedures have been fulfilled by ECIS will be the sole responsibility of CNB. ECIS proposes to cooperate in full with CNB in all matters regarding possible enforcement action(s) and other general matters regarding CNB Water Quality and/or sewer ordinance requirements. CONSULTING FEES: ECIS proposes to charge Seventy -Five (75) dollars per hour for all consultation. POST SSO I SPECL4L INSPECTIONS: ECIS proposes to charge One Hundred (100) dollars for all Post SSO inspections made on behalf of the City. This inspection will be made only at the request of the City and shall be performed in the same manner as previous Post SSO inspections. GCDI FEE: ECIS proposes to charge CNB at a rate of Twenty (20) dollars per inspection point. An inspection point is defined as any opening into the grease interceptor or grease trap, designed for providing access to or obtaining a sample(s). PROGRAM COST ESTIMATION. • Using the current number of 380 FSE's and 449 Inspection Points (figures from Jan -2008 database), ECIS estimates the total cost for 4 annual GCDI's will be approx. $35,920 (449 lids x $20per lid x 4). Naturally, this amount may increase/decrease as new FSE's are added or subtracted. 12 VIA TORRE • RANCHO SANTA MARGARITA CA, 92688 • PHONEIFAX.- (949) 888 — 6536 • EMAIL:jkWeY@ecisgloba4com ECIS GBMP'S. GREASE BEST MANAGEMENT PRACTICES INSPECTIONS INSPECTION FREQUENCY: ECIS proposes to perform on -site, Grease Best Management Practices (GBMP's) inspections at all FSE's listed currently, or in the future, within the CNB Source Control Program database, on an annual basis. ECIS proposes to inspect each FSE a total of two times, the initial inspection and then the return inspection. At the initial inspection each FSE will receive all applicable Grease BMP Program information. Each FSE will then have at least 30 calendar days to obtain compliance with the program. If compliance is not obtained by the FSE after the second inspection, ECIS will notify CNB of all such FSE's, along with all relevant information including the reason(s) for the issuance of the NON. INSPECTION S.O.P.: ECIS proposes to perform these inspections in accordance with all criteria as outlined in the CNB GREASE CONTROL BEST MANAGEMENT PRACTICES INSPECTIONREPORT. This inspection report is to be supplied to ECIS by CNB. ECIS proposes to inspect for the following at these inspections: (1) Removal of Garbage Grinder (2) Inspect Grease Collection 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 for Emergency Spill Materials or Spill Response Kit (6) Inspect to ensure Grease BMP poster(s) are located in approved areas. NOTIFICATION PROCEDURE. 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 GREASE CONTROL BEST MANAGEMENT PRACTICES INSPECTION REPORT. 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. COMPLIANCE OBTAINMENT. All FSE's in non - compliance will be given at least 30 days to obtain compliance for any /all instance(s) of non - compliance. GBMP FEE: ECIS proposes to charge CNB a fee of S 70.00 per FSE inspected. All return inspections due to non - compliance will carry a fee of $70.00 per FSE, per visit. EDUCATIONAL MATERIALS /DOCUMENTATION: ECIS proposes to distribute all applicable and relevant material related to the program to all known and/or affected FSE's at the time of the inspections. DATABASE: ECIS proposes to include all information relevant to the program on the same Excel database as the Grease Interceptor/Trap inspections. This information will be located within a separate worksheet labeled "GBMP's ". ECIS proposes to supply electronically, an updated copy of the Excel database to CNB within two weeks of the end date of each inspection run. PROGRAM COST ESTIMATION. Using the estimated number of 306 FSE's (Jan 2008) subject to inspection, (380 TOTAL FSE's minus 74 Exempt FSE's) estimated annual cost of Grease BMP Inspection Program is $42,560 (304 x $70 x 2). This price does not reflect any return inspections beyond the two inspections ECIS will perform per the contract. 12 VIA TORRE • RANCHO SANTA MARGARITA CA. 92688 • PHON&FAX.' (949) 888- 6536 • EMAIL:jmnl* a uglobd.com City of Newport Beach NO. BA- 09BA -012 BUDGET AMENDMENT 2008 -09 AMOUNT: $ao,000.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance �X Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues NX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations from Wastewater unappropriated fund balance for a PSA with Environmental Compliance Inspection Services forease inspections and best management practices program. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 560 3605 Wastewater Fund - Fund Balance REVENUE ESTIMATES (3601) Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3603) Signed: Approval: Ad Signed City Manager Amount Debit Credit $40,000.00 $40,000.00 ' Automabc System Entry. o " ?—a& Director Date +� �t ate Signed: City Council Approval: City Clerk Date Description Division Number 5600 Utilities - Wastewater Account Number 8159 Grease Control Device Inspections Division Number Account Number Division Number Account Number Division Number Account Number Signed: Approval: Ad Signed City Manager Amount Debit Credit $40,000.00 $40,000.00 ' Automabc System Entry. o " ?—a& Director Date +� �t ate Signed: City Council Approval: City Clerk Date