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HomeMy WebLinkAbout19 - Unified Program Agencies Grant Fund AllocationCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 19 January 11, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Fire Department Mike Morgan, Interim Fire Chief, 644 -3101 mmorgan(&nbfd.net SUBJECT: Acceptance of the Unified Program Agencies (UPA) Grant Fund Allocation RECOMMENDATION: 1. Accept the UPA Grant Fund Allocation in the amount of $20,000.00 to be utilized for reimbursement of the completion costs associated with the implementation of Assembly Bill 2286, which requires all regulated businesses and UPA to use the Internet to file required Unified Program information electronically. 2. Approve Budget Amendment No. 11BA -_ to deposit $20,000.00 UPA Grant into account number 2330 -489G. DISCUSSION: Assembly Bill 2286 was signed by Governor Arnold Schwarzenegger and became effective January 1, 2009. The law requires all regulated businesses and all regulated government agencies, called Unified Program Agencies (UPA), to use the Internet to file required Unified Program information previously filed on paper forms. All regulated businesses and UPA in the State of California must use the Internet to file by January 1, 2013. The required Unified Programs include hazardous material regulatory activities, chemical inventories, underground and aboveground storage tanks, and hazardous waste generation. Inspection and enforcement actions are also included. The Fire Department administers the hazardous materials disclosure program. This program requires all businesses and government agencies that handle a hazardous material or mixture containing a hazardous material in quantities equal to or greater than 55 gallons, 200 cubic feet, 500 pounds, or radioactive chemicals requiring disclosure under Chapter 10 of Title 10 of the Code of Federal Regulations to complete a Business Plan. Regulated businesses were paying a minimum state surcharge fee of $24.00. To pay for the costs of implementing electronic reporting statewide, the legislature has temporarily increased the minimum surcharge by $25.00 per year for three years. The additional money will be used for system development, outreach and training, and technical support for UPA to be able to accept the information electronically. The surcharge collected is available to Participating Agencies in the form of a UPA grant. Acceptance of the Unified Program Agencies (UPA) Grant Fund Allocation January 11, 2011 Page 2 In November 2009, a Professional Services Agreement with E- Compliance Inc. was approved for the electronic collection of hazardous material disclosure information. The cost for the transition from paper to electronic was $15,000.00 with an annual maintenance fee of $10,000.00. The Newport Beach Fire Department is a Participating Agency (PA) under Orange County Environmental Health (CUPA). Using EnvisionConnect, CUPA has created an EnvisionConnect Portal for reporting businesses of a PA to utilize for electronic reporting. The conversion to electronic reporting through the EnvisionConnect Portal began in April 2010 and is complete. All regulated businesses have submitted their Business Plans electronically. Businesses will continue to login to their accounts and update their Business Plan information as necessary. Fire Department personnel can access the submitted disclosure information as needed for annual inspections and emergency incidents. The grant application became available in June 2010. The maximum grant amount to be awarded to each PA is $20,000.00. The grant application was submitted on November 23, 2010, and is pending approval. There is no matching fund requirement associated with this grant. Environmental Review: The City Council's approval of this Agenda Item does not require environmental review. Public Notice: The agenda item has been noticed according to the Brown Act. Funding Availability: No matching funds are required to accept this grant. Deputy Chief /Fire Marshal Attachments: (1) Professional Services Agreement (2) Grant Application (3) Electronic Reporting Transition Plan Submitted by: Mike RESOLUTION NO. 2011 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING THE ACCEPTANCE OF THE CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY UNIFIED PROGRAM AGENCIES (UPA) GRANT FUND ALLOCATION IN THE AMOUNT OF $20,000.00 TO BE UTILIZED FOR REIMBURSEMENT OF THE COSTS ASSOCIATED WITH THE IMPLEMENTATION OF ASSEMBLY BILL 2286. WHEREAS, both the federal government and the State of California have enacted laws collectively known as "Emergency Planning and Community Right to Know" regulations, which are intended to protect the public from the dangers of exposure to hazardous materials produced, stored or used within their communities; and WHEREAS, approximately 200 businesses within the City of Newport Beach are required by these regulations to disclose the quantity and type of hazardous materials they produce, store or use in an annual report known as a "Business Emergency Plan" and file that plan with the City of Newport Beach; and WHEREAS, in 2008, in an effort to streamline the process for both business and government, the California legislature passed California Assembly Bill 2286 which requires all regulated businesses and governmental agencies involved with the reporting of hazardous materials to change from a paper based system to an internet based system before January 1, 2013; and WHEREAS, the City of Newport Beach as a `Participating Agency' under the Orange County Healthcare Agency, Environmental Health Division has implemented the requirements of AB 2286 in conjunction with the Orange County Health Care Agency and the California Environmental Protection Agency and all regulated business within the City of Newport Beach have successfully submitted their Business Emergency Plans electronically; and WHEREAS, the City of Newport Beach has applied for a grant from the California Environmental Protection Agency and is now eligible for reimbursement of all start up costs associated with its compliance with AB 2286, a sum of twenty thousand dollars ($20,000.00). NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach hereby resolve, order and determine as follows: Section 1: Authorize the City Manager to act as the "Authorized Agent" to execute for and on behalf of the City any actions necessary to accept the California Environmental Protection Agency Unified Program Agencies Grant Fund Allocation in the amount of $20,000.00. Section 2: Approve the deposit of the $20,000.00 Unified Program Agencies grant into the City's General Fund, account number 2330 -489G. Adopted this 11th day of January 2011. PROFESSIONAL SERVICES AGREEMENT WITH E- COMPLIANCE INC. FOR ELECTRONIC COLLECTION OF HAZARDOUS MATERIAL DISCLOSURES THIS AGREEMENT is made and entered into as of this T! day of 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and E- COMPLIANCE a California Corporation whose address is One Otis Street, San Francisco, California 94103 ( "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 required to collect the annual 'hazardous materials disclosures and Business Emergency Plans ( "BEP ") via the internet to comply with new State regulations. C.. City desires to engage Consultant to provide access to a web based software product. currently hosted by the Orange County Healthcare Agency known as www.esubmit.ocgov.com. This software was developed by eCompliance and is used to. manage the creation, completion, management, authentication and submittal of electronic hazardous materials and BEP forms. This software will also allow access to the information by first responders as well as the public in accordance with the "Emergency Planning and Community Right to.Know Act" ( "Project"). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member[s] of Consultant for purposes of Project, shall be Bijan Fouladi. 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. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The initial term of this Agreement shall commence on the above written date, and shall extend for one (1) year. The term of the Agreement shall automatically extend thereafter for two (2) successive one (1) year terms. This Agreement may be terminated by City at the end of the initial term or any successive term by written notice no later than 30 days prior to the end of the term. 2. SERVICES TO BE PERFORMED Consultant shall diligently 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 Consultant shall perform the services in accordance with the schedule included in Exhibit A. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on an annual flat rate basis plus a one- time set up fee in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Forty Five Thousand Dollars and 00/100 ($45,000.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 City shall pay Consultant Fifteen Thousand Dollars and 00/100 ($15,000.00) for one -time setup services and the configuration of one (1) stand - alone emergency response laptop computer. Payments shall be made in installments on the following schedule: Due within 30 days of Effective Date of Contract: $10,000.00 Due upon City acceptance. of operational service Availability of City forms on www.eSubmit.ocgov.com $5,000.00 4.2 < City shall. pay Consultant an annual service fee in the amount of Ten, Thousand Dollars and 00/100 ($10,000:00). The first annual service fee. shall be due and payable within 30 days of first business plan filing and thereafter on or before February 1St for the term of the Agreement. 4.3 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: t A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. 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. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 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 BIJAN FOULADI 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. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Fire. Department. Division Chief Steve Bunting shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /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 City, nor have any contractual relationship with City. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is 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, volunteers, 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 breach of the terms and conditions of this Agreement, any work performed or services provided under this Agreement including, without limitation, defects in workmanship or materials 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). c 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 or to 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 infonned 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. M 50 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 at all times during the term of this Agreement. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. 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. I. 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. 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. c iv. Professional Errors and Omissions Insurance. Consultant shall maintain 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). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: i. 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. iii. 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. 0-11 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 or joint-venture. 16. SUBCONTRACTING City and Consultant agree that subconsultants may be used to complete the work outlined in the Scope of Services. The subconsultants authorized by City to perform work on this Project are identified in Exhibit A. 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 City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. The City is an intended beneficiary of any work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the City. Except as specifically authorized herein, the services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval 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 defiverabfes 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. t 18. CONFIDENTIALITY 0 All Documents, including drafts, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 19. 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 documents or work product provided under this Agreement. 20. 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. 21. 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. 22. 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, development and /or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. 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. 25. NOTICES All notices, demands, requests or approvals to be given under the terms of 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: Attn: Steve Bunting Fire Department City of Newport Beach PO Box 1768 3300 Newport Boulevard Newport Beach, CA 92658 Phone: 949 - 644 -3353 Fax: 949- 644 -3120 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Bijan Fouladi eCompliance Inc. One Otis Street San Franciscoi CA 94103 Phone: 415- 437 -3979 26. 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 parry 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, and thereafter diligently take steps to cure the 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 thirty (30) 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. 27. 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. 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 herein. 30. 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. 31. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 32, 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. 33. 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. 34. CONTROLLING LAW AND VENUE The laws of the State of California shall govem 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. 37. 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. I IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By: net ., D. &gau h� mp Assistant. City Attorney ATTEST:. Leilani 1. Brown, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation By: Da id <iff City anager CONSULTANT: eCompliance By: co 1—Cx.A (Financial Officer) Title: CFO Print Name: �r7 Lq Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rate Exhibit C — Support Terms EXHIBIT "A" SCOPE OF SERVICES eCompliance Inc. has developed a web -based software product that enables users to comply.with the internet reporting requirements for hazardous materials disclosure as required by AB2286 (2008). This product is used by the Orange County Healthcare Agency and will permit seamless reporting by the Newport Beach Fire Department to the Orange County Healthcare Agency and the State of California, as required by AB2286. In consideration of the Fees for Services set forth in Exhibit B and payable hereunder, eCompliance agrees to provide technical, operational and training services needed to implement the Product and to integrate the Product with City's;existing databases and applications, including but not limited to remote technical assistance and consultation to the City's staff and regulated facilities in City's jurisdiction via telephone or email during the hours of 9:00 a.m. to 5:00 p.m. PST Monday through Fnday'6Jed0d Vg holidays. eCompliance agrees to provide to the City as part of the W' hnlcal - p "bflgnal and training services hereunder all revisions, updates, improvementsxmodfobons anc'd enhancements (the "Updates ") to the Product. An Update, once incorpo ted ta?the City, nto the Product, shall be considered part of the Product for all pu ses hereunder and shall not cause a loss of existing functionality. All such Updates will 6 pr11111 cf free of charge. IMPLEMENTATION OF eCOMPLIANCE To implement the eCompliance system for the City, set up and configuration of the system is required as set forth below. Setup: City Responsibilities: 1. Coordinate with eCompliance to establish a schedule for deployment. 2. Provide blank copies of all City forms currently used for the hazardous materials disclosure program. 3. Provide eCompliance with electronic copies of all logos and other required artwork. 4. Load provided web pages onto the City server which links the City server to the Orange County Healthcare Agency and eCompliance servers. 5. Provide timely response to eCompliances questions, which may arise during the set up and customization process. eCompliance Responsibilities: 1. Coordinate with the City to establish a schedule for deployment. 2. Load provided images onto the Orange County Healthcare Agency server and register City within the nnetwork. eCompliance shall not change the provided images without City's written consent. 3. Provide City with any necessary administrator passwords and credentials for the software.. 4. Provide sample operational directives and deployment tools. Software Configuration: City's Responsibilities:. 1. Coordinate with eCompliance for staff training. 2. Enter all businesses that have current disclosures on file with the City into the eCompliance system. eCompliance Responsibilities: 1. Provide City with training on the use and administration of the program. Support Services: Completion Criteria: The set up and configuration services are considered complete, and the eCompliance system accepted, when the eCompliance software is accessible to regulated facilities within the City's jurisdiction and a successful electronic submission has been made by a regulated facility. ;fie. One time set up fee: EXHIBIT "B" SCHEDULE OF FEES $15,000.00 Includes configuration of one (1) stand -alone emergency response laptop. Payment schedule: $10,000.00 due on signing of Agreement. $5,000.00 due upon operational availability of City forms on www.eSubmit.ocgov.com. Ongoing annual fee for services: $10,000.00 * *Prices will not increase for the first three years of service, and, thereafter, price increases require thirty (30) days written notice. The total of any price increases for these services for the Product during the course of any year shall not exceed 5% of the prior year's price. Hourly rate for authorized Extra Work $150.00 On -site support (if requested by City) $1,500.00 (Includes all costs and expenses, including travel time and lodging) EXHIBIT C SUPPORT TERMS 1. Generally. During the duration of these Support Terms, eCompliance shall provide to City support and maintenance for the product in accordance with these Support Terms, including without limitation the response time described in Exhibit C -1 attached hereto and incorporated herein by reference. Support includes, without limitation, problem resolution, periodic review of current outstanding questions and usage issues, and the provision of new and upcoming releases of updates, and customizations and enhancements made to the eSubmit software that City is licensed to access and use (the "Software ") that are generally made available without additional charge to other users with similar support and maintenance contracts. 2. Hours of Support. eCompliance will provide the support services during the hours as described in Exhibit C -1. 3. New Releases. eCompliance will from time -to -time issue new releases of the Software and when it does, it will immediately provide City with access to such updated Software as part of the Product. eCompliance will not make any changes to the Software that affects the functionality of the Software as described in Exhibit A attached to this Agreement or that renders City and its users unable to access and use the Product as set forth in this Agreement. In addition, eCompliance will provide City a copy of the release documentation and updated user or system documentation. 4. Limitations. eCompliance may, in its sole discretion, limit or suspend City s access to support, pursuant to this Support Terms, where City is in material default under the terms of these Support Terms (non- payment is deemed to be a material default). Prior to limiting or suspending support, eCompliance will give City 45 day's written notice of its intention to do so and actively participate with City to remedy any such default or failure. 5. Term. Subject to the termination provisions of this Agreement and this Exhibit C, these Support Terms shall remain in effect for three (3) years. Thereafter, the parties may mutually agree to renew these Support Terms. 6. On Site Support . City shall reimburse eCompliance at the rate for on -site support set forth in Exhibit B attached to this Agreement for any On -Site Support incurred at City's direct written request and authorization.. This rate shall prevail regardless of the number of eCompliance support personnel dispatched to City's site, and shall be paid for each day that eCompliance personnel are required to be at City's site. City will not pay for eCompliance personnel travel time or travel expenses. in response to written City requests for eCompliance to provide on -site routine .non- emergency support, eCompliance shall produce a written estimate of the time required to provide the requested support and state any requirements, such as the presence of City staff or other resources or materials. Any On -Site Support provided by eCompliance shall only be invoiced by eCompliance or paid by City if the problem arose due to something other than a defect in the Software or the Hosted Services. 7. City Obligations. City agrees to: (a) furnish descriptions of problem(s) with the Product in the form reasonably requested by eCompliance Support representatives, (b), assisteCompiiance's efforts to troubleshoot the problem; and (c) make available qualified, trained staff on -site to carry out eCompliance's instructions City shall take appropriate .steps to educate its .regulated facilities about the need to contact City (rather than eCompliance directly) when support is needed. City shall appropriately publicize the name, telephone number, and /or fax number and /or electronic mail address if applicable; of its Support: Contact. eCompliance is not responsible:for supporting regulated facilities. 8. Termination. City may terminate these Support Terms at any time and for any reason upon seven (7) days' prior written notice to eCompliance. Exhibit C -1 eCompliance's Hours for Support Service are as follows: Regular Hours of Service (pacific time) 0900 to 1700 hours Monday to Friday - excluding Holidays observed by the U.S. Federal Govt, Call received by: eCompliance staff at 415- 437 -3980 e -mail received by: eCompliance staff at info @ecompliance.net IncidentlReguest for Service Priority M After Hours Service (pacific time) 1700 hours to 0900 hours Monday to Friday Saturdays & Sundays Holidays e -mail received by: eCompliance staff at info @ecompliance.net All support and maintenance incidents/ requests for service will be prioritized on the following basis: Priority Definition A Product is stopped to the point that critical business activities cannot continue. e.g. Loss of use of major features, file system corruption, data loss, security issue, system outage. B Issues or features of the Product prevent normal operations. C Non - critical features, for which a convenient or reasonable work around exists, or a feature which functions unexpectedly. Response Time The following table outlines the response times for each priority: Priority Response Time During regular hours of service Response Time During After Hours of Service A Within 2 hours of eCompliance receipt of verbal, 6 hours from time of written or electronic notice thereof notifying the vendor Within 1 business day, correct the Priority A Issue. If contact(s) through the Priority A Issue is not corrected within 1 business voice mail or e-mail day of the original notification, eCompliance will provide the City with reports of its efforts to correct INCIDENT /REQUEST FOR SERVICE REPORTING PROCEDURE All problems, queries or requests for assistance must be made to eCompliance at info @eCompliance.net, or by calling eCompliance's support line at 415 -437 -3980 during regular business hours of service. City must be prepared to leave a contact name, phone number, screenshots, a description of the problem /service and the impact. eCompliance will contact the following City contacts when responding to reported problems, in the following order: Primary: Fire Department Disclosure Program Coordinator Secondary: Fire Department IT Manager eCompliance's resources will work with the City to diagnose the problem. After investigating the issue, eCompliance and the City will jointly categorize the problem into: Type of Problem Ownership Server Hardware Problem Orange County Healthcare Agency Desktop Hardware Problem City Isolated Workstation Issue City Database Performance /storage eCompliance Application'orsoftware related eCompliance eCompliance will deal with problem/incident according to the priority assigned. In the case that a problem cannot be readily resolved, eCompliance will attempt to identify a work around. As soon as eCompliance corrects an Issue, eCompliance shall notify the City that the Issue has been corrected by sending an electronic mail with a confirming phone call to the Fire - Department Disclosure Program Coordinator the Priority A Issue as requested b Cit . B Within 4 hours of eCompliance receipt of verbal, Not available written or electronic notice thereof. Within 2 business days, correct the Priority B Issue. If the Priority B Issue is not corrected within 2 business days of the original notification, eCompliance will provide the City with reports of its efforts to correct the Priority B Issue as requested by city. C As time permits basis or inclusion in the next Not available scheduled u date to the Software /Hosted Services. INCIDENT /REQUEST FOR SERVICE REPORTING PROCEDURE All problems, queries or requests for assistance must be made to eCompliance at info @eCompliance.net, or by calling eCompliance's support line at 415 -437 -3980 during regular business hours of service. City must be prepared to leave a contact name, phone number, screenshots, a description of the problem /service and the impact. eCompliance will contact the following City contacts when responding to reported problems, in the following order: Primary: Fire Department Disclosure Program Coordinator Secondary: Fire Department IT Manager eCompliance's resources will work with the City to diagnose the problem. After investigating the issue, eCompliance and the City will jointly categorize the problem into: Type of Problem Ownership Server Hardware Problem Orange County Healthcare Agency Desktop Hardware Problem City Isolated Workstation Issue City Database Performance /storage eCompliance Application'orsoftware related eCompliance eCompliance will deal with problem/incident according to the priority assigned. In the case that a problem cannot be readily resolved, eCompliance will attempt to identify a work around. As soon as eCompliance corrects an Issue, eCompliance shall notify the City that the Issue has been corrected by sending an electronic mail with a confirming phone call to the Fire - Department Disclosure Program Coordinator GRANT APPLICATION FORM 1. Entity Information: Unified Program Agency Name: City of Newport Beach Fire Department GRANTEE GRANT CONTACT if different from Project Director Name of Project Director, Title: Name: Ron Gamble, Deputy Chief /Fire Marshal Nadine Morris, Fire Prevention Specialist Street Address: Street Address: 3300 Newport Blvd 3300 New ort Blvd City, Zip: City, Zip: Newport Beach, 92663 Newport Beach, 92663 Phone: Phone: (949) 644 -3106 (949) 644 -3105 Fax: Fax: 949 644 -3120 949 644 -3120 e -mail: e-mail: rgamble@nbfd.net nmorris nbfd.net 2. Grant Amount: $ 20,000.00 a. Advanced payment Requested: 0.00 (Up to 25% of the grant is authorized to be paid in advance on approval of the grant.) 3. Scope of Work Grant funds are being applied for due to compliance requirements of AB 2286, which requires all regulated businesses and Unified Program Agencies (UPA) to use the Internet to file required Unified Program information electronically. The City of Newport Beach Fire Department is a Participating Agency (PA) under Orange County Environmental Health (CUPA). Using EnvisionConnect, CUPA has created an EnvisionConnect Portal for reporting businesses of a PA to utilize for electronic reporting in lieu of CERS. Newport Beach secured a consultant, E- Compliance, for the transition to electronic reporting. The software used to submit electronically is called e- Submit. Data entered by regulated businesses into e- Submit transfers to CUPA via the Portal. CUPA uses this data to prepare the consolidated invoice. The conversion to electronic reporting through the EnvisionConnect Portal began earlier this year and is now complete. All regulated businesses in Newport Beach have submitted their Business Plans electronically. Newport Beach continues to review revised submissions as received electronically. All Participating Agencies under Orange County CUPA who utilize the EnvisionConnect Portal will submit the same Transition Plan, except for Milestones Reported to Cal/EPA. Page 1 of 3 4. Work Plan Period of Performance: January 1, 2010 through January 1, 2013. 1. Converted paper reporting to electronic submittal of the Business Plan. (PA tasks) a) Hired a consultant to administer the upgrade. b) Assisted business owners with electronic submittal questions and data entry. c) Created instruction sheets for regulated businesses and staff to assist with using e- Submit. d) Provided training to suppression personnel regarding viewing of the electronic submittals using e- Submit. 2. Software Upgrade for Electronic Submittals (Consultant tasks) a) Coordinate schedule for implementation b) Load software onto CUPA server and register NBFD within the network. c) Acquire necessary administrator passwords and credentials for the software. d) Obtain sample operational directives and deployment tools. e) Training provided on the use and administration of the program. f) Configure one stand -alone emergency response laptop. 5. Projected Budget: Program Costs Fiscal Year 09110 Fiscal Year 10111 Fiscal Year 11112 Fiscal Year 12113 Personnel Services* $ $ $ $ Operating Expenses $ $ $ $ Travel Expenses $ $ $ $ Supplies /Materials $ $ $ $ Equipment/Software $ $ $ $ Professional /Consultant Services $20,000.00 $ $ $ FISCAL YEAR TOTAL $20,000.00 $ $ $ TOTAL $20,000.00 *Indirect costs may not exceed _35 %_of grant allotment CERTIFICATION I certify under penalty of perjury that the information I have entered on this application is true and complete to the best of my knowledge and that I am an employee of the applicant authorized to submit the application of behalf of the application. I further understand that any false, incomplete, or incorrect statements may result in the disqualification of this application. By signing this application, I waive any and all rights to privacy and confident "lily of the proposal on behalf of the applicant, to the extent provided in this program. November 23, 2010 Applicant Signature Date Ron Gamble Printed Name of Applicant ELECTRONIC REPORTING TRANSITION PLAN FOR DECADE CLIENTS Orange County HCA/EH Certified Unified Program Agency hereto referred to OC CUPA TRANSITION PLAN REPRESENTATIVE Name of Project Director, Title: Pearl Boelter, Program Manager Street Address: 1241 E. Dyer, Suite 120 City, Zip: Santa Ana, 92705 Phone: (714) 433 -6010 Fax: (714) 754 -1768 E -mail: pboelter@ochca.com 1. General Description of Transition Plan Orange County Health Care Agency / Environmental Health's Certified Unified Program Agency (OC CUPA) and its 10 Participating Agencies (PA) began the transition from a paper -based reporting system to electronic reporting as mandated by Assembly Bill 2286 in 2007. OC CUPA chose a Regional Portal option with CERS upload /download capability. The Portal is hosted by OC CUPA with the 10 PAs having web -based connections. OC CUPA implemented the base Portal through another funding mechanism. AB 2286 funding will. provide the OC CUPA and its PAs the ability to enhance Portal operations and implement the PA connections. The E- reporting grant projects will be completed by outside vendors, OC CUPA IT staff, and OC CUPA Portal team members. Here is a breakdown of Orange County's. Unified Program with estimated dates of PA and OC CUPA program connections to the Portal. Fountain Valley PA HMRRP /HMMP 4072011, Fire Fullerton Fire PA HMRRP/HMMP 1$/2012 UST Garden Grove Fire PA HMRRP /HMMP V72040 Electronic Reporting Transition Plan All regulated businesses will be. expected to submit Unified Program Consolidated Forms (UPCFs) information electronically via OC CUPA's EnvisionConnect Portal by January 1, 2013: The CUPA ' provides for contingencies.on a. case by case basis bywhich paper based UPCFs may be accepted and submitted through EnvisionConnect and the EnvisionConnect Portal. Multi jurisdictional businesses.may submit via CERS which will be downloaded into Envision- Connectand the Portal. OC CUPA will upload existing Owner and Facility information ciCERS. EnvisionConnect will capture the assigned CERS ID for future data exchanges. After initial upload, OC CUPA will participate in a frequent two -way data exchange between EnvisionConnedt and - CERS Version 1.0 Page 2 of 10 PROGRAM OTR/YR OF AGENCY CUPA/PA PORTAL ELEMENT CONNECTION Huntington Beach PA HMRRP /HMMP 1872011 Fire LA County Fire PA HMRRP /HMMP 4 /2012 Dept (La Habra) Cal /ARP Newport Beach PA HMRRP /HMMP 18i/2010 Fire Orange Fire PA HMRRP /HMMP 3`/2011 UST Orange County PA HMRRP /HMMP 2" /2012 Fire Authority Cal /ARP 22 Cities & Unincorporated Santa Ana Fire PA HMRRP /HMMP 3 /2012 UST Orange County CUPA HMRRP /HMMP - 2n/2009 Environmental City of Brea Health Orange County CUPA UST 4 /2010 Environmental With the exception Health of Anaheim, Fullerton, Orange, & Santa Ana Orange County CUPA HW/TP 4"12011 Environmental Health Orange County CUPA APST 4 /2011 Environmental Health Orange County CUPA CalARP 4 /2011 Environmental Health < .. All regulated businesses will be. expected to submit Unified Program Consolidated Forms (UPCFs) information electronically via OC CUPA's EnvisionConnect Portal by January 1, 2013: The CUPA ' provides for contingencies.on a. case by case basis bywhich paper based UPCFs may be accepted and submitted through EnvisionConnect and the EnvisionConnect Portal. Multi jurisdictional businesses.may submit via CERS which will be downloaded into Envision- Connectand the Portal. OC CUPA will upload existing Owner and Facility information ciCERS. EnvisionConnect will capture the assigned CERS ID for future data exchanges. After initial upload, OC CUPA will participate in a frequent two -way data exchange between EnvisionConnedt and - CERS Version 1.0 Page 2 of 10 Electronic Reporting Transition Plan in order to synchronize the two systems. Additional data will be uploaded based on requests from State Agencies, and related to annual, semiannual, and quarterly report information. Currently, Orange County's Unified Program collects forms for the following programs: COLLECTION AGENCY COLLECTED CUPA PROGRAM # of Businesses* METHOD BY Electronic OC CUPA— CUPA HMRRP /HMMP 192 City of Brea Electronic Newport Beach Fire PA HMRRP /HMMP 205 CM, FV, F, Paper GG, HB, LACOFD, O, PA HMRRP /HMMP 6240 OCFA, SA Hazardous Waste Generator and HW = 5792 Paper OC CUPA CUPA Hazardous Waste Onsite TP= 131 Treatment Programs California Accidental Paper OC CUPA CUPA Release Prevention 42 Program (CaIARP) F, LACOFD, California Accidental Paper OCFA PAs Release Prevention 45 Program Cal /ARP Underground Storage Paper OC CUPA CUPA Tanks 680 Fullerton, Underground Storage Paper Orange, PA Tanks 215 Santa Ana Aboveground Petroleum Paper OC CUPA CUPA Storage Tank 49..7 Total Combined Businesses =:8600 Regulated businesses submit their paper based UPCFs by mail, by email,, by fax, or directly to OC CUPA and PA staff. Non- responders are mailed reminders that are followed -up with phone calls. . For Regional Porfal impiementation the Unified Program Consolidated Form data is uploaded into OC CUPA's Regional Portal from EnvisionConnect and PA databases as well as some manual entry. Initial data will be validated by either OC CUPA or PA program staff depending on which Agency . administrates the specific Program Element; however, businesses will be required to review their Portal data online within 3 -6 months after the transfer, and validate and /or update if there are changes, The OC CUPA and.PAs will notify businesses by a work shop,. mailed letter, email, and /or Version 1.0 Page 3 of 10 Electronic Reporting Transition Plan inspection report of their data availability in the Regional Portal, and request them to verify, and if necessary, update their data. CUPA and PA staff (based on program element) will review ongoing electronic submissions to determine approval status. Emails will be sent out by the Portal informing the businesses of the approval status and providing them with the information needed to achieve approval status. Final approval of submitted UPCF documents into the Portal will be targeted within 14 days of initial submittal. Exceptions to this timeframe will be allowed based on circumstances. After data transition is completed, paper UPCFs will be accepted, approved, and entered by the OC CUPA and PA on a case -by -case basis with the intent to transition all businesses to electronic submittals. OC CUPA inspection staff will assist businesses with general EnvisionConnect Portal operation during onsite inspections using laptops and wireless connections. There will also be OC CUPA and PA Portal Coordinators available to assist businesses via phone and email during regular business hours. Mailers (letters, flyers, and /or newsletters) will be sent to businesses to notify them about the transition process and what business owners need to do to comply. OC CUPA and Cal /EPA resource web links will be included in the mailers and on OC CUPA's web site so that businesses have access to more information about electronic reporting requirements. Businesses may take advantage of online training tutorials and scheduled workshops. OC CUPA conducted one workshop in 2009 and is scheduled to conduct a workshop in January 2011. The inspection and enforcement data electronic submittal requirement of AB2286 will be addressed with the EnvisionConnect CERS upload being designed by Decade Software, and with the new Regional Portal PA Inspection and Enforcement module which will allow PAs to enter inspection and enforcement (I and E) data into the Portal. The PA's I and E data can then be uploaded into EnvisionConnect, consolidated with OC CUPA data, and then uploaded to CERS. 2. Needs Assessment The OC CUPA and its PAs recognize that converting their business-to -CUPA reporting system from paper /hardcopy to electronic will require an assessment of the resources needed to implement the new system. There are some critical needs that must be addressed in order to efficiently and effectively convert to and manage electronically reported data through CERS. This need assessment began for the OC CUPA in 2007 when the Regional Portal concept was initiated through OC CUPA 's IT Project Request process and approved by the governing' body. In order to complete OC CUPA's transition to regional electronic reporting, the following needs. and the plan to address them are listed below: • OC CUPA and PA staff apply for Cal/EPA electronic reporting grant funds to fully implement electronic reporting. The OC CUPA and each of the 10 PAs will apply for the funds separately . and submit a joint transition plan. The funds will be needed for each PA connection to the Regional Portal and for the OC CUPA to enhance Portal functionality. •Transfer OC CUPA and PA hardcopy documents to EnvisionConnect, EnvisionConnect Portal, and CERS: A combination of technique A and 8 will be used. oTechnique A: Part-time. new hires for manual entry by PA— Under this option, the PA utilizes internal staff to enter chemical data into the Regional Portal. Owner, Facility, Version to. Page 4 of 10. Electronic Reporting Transition Plan Program data will be transferred from the OC CUPA's EnvisionConnect database into the Portal. oTechnique B: Vendor contracted to transfer electronic data in EnvisionConnect or other databases into the EnvisionConnect Portal. This Technique applies to both the OC CUPA and the PAs that have chemical inventories and other program information in existing databases. • OC CUPA and PA staff need to assess existing data and new data submitted through the Portal for completeness, accuracy, and compliance with Title 27 Data Dictionary. This will be an ongoing process as new PAs and OC CUPA programs are added to the Portal. A test server is in place to assist with this verification. • OC CUPA with Decade Software will need to implement the EnvisionConnect upload /download feature to CERS for UPCF information and inspection and enforcement data. • OC CUPA and PAs review and consider fee adjustments to cover long -term operational costs. With the Portal PA billing module enhancement, PA staff resources required to maintain two separate billing databases will be eliminated. In addition, the OC CUPA staff resources to consolidate 11 billing databases will be reduced. Finally, electronic submittal of forms will reduce data entry staff resources. Therefore, the review and consideration of program fee adjustments to cover annual database maintenance costs will need to include the reduction and /or elimination of current manual database maintenance resources. • Review and update procedures for managing OC CUPA and PA's data in a Regional Portal. • OC CUPA and PA staff conduct EnvisionConnect Portal training for OC CUPA and PA staff. • OC CUPA and PA staff conduct EnvisionConnect Portal training for businesses (workshops, online, in the field). • OC CUPA needs to accommodate businesses that do not regularly use a computer and has 'plans to provide a computer station in the OC CUPA lobby. • OC CUPA needs to obtain EnvisionConnect and EnvisionConnect Portal technical support from Decade Software. OC CUPA will need to maintain annual contracts with Decade for Envision- Connect and its Portal. • OC CUPA staff will need to understand how CERS operates in order to assist those businesses that choose to use CERS for their electronic form submissions. 3. Collecting, Submitting, and Storing Unified Program Related Information OC CUPA and PA data will be exchanged with CERS through EnvisionConnect`s upload /download feature.. Regulated businesses.will submit their information electronically into the EnvisionConnect Portal. By exception, CUPA may collect paper / hardcopy data from the regulated businesses and enterdata into EnvisionConnect and /or EnvisionConnect. Portal. The EnvisionConnect Portal will synchronize with EnvisionConnect,, which will then synchronize with CERS: Any documents such as site plans, facility maps, and emergency contingency plans as well as detailed chemical and program information will be transferred with inspection and enforcement data and facility information: upon request from the State. A. Management of Data Changes /Updates Version 1.0 Rage 5 of 10 Electronic Reporting Transition Plan Businesses will submit UPCF changes /updates using the EnvisionConnect Portal. OC CUPA and PA staff (based on program element) will review submissions, compare with previously submitted information using the EnvisionConnect Portal comparison tool, and will make a determination on the approval status. If a business submission is not approved, OC CUPA and PA staff will enter a notation in the Envision- Connect Portal specifying what is needed to complete the approval process. Businesses that receive an incomplete approval status from OC CUPA and PA will receive an email notice of their status. Businesses will make the required corrections and resubmit. Businesses will be notified by email of their approved submissions and the required data will be transferred to EnvisionConnect. Upload to CERS will be done at a predetermined time schedule with an agreed upon data transfer. 5. Inspection /Enforcement OC CUPA will use EnvisionConnect to collect and manage inspection and enforcement information in the field. Inspectors will schedule inspections in EnvisionConnect using the field inspection workflow and laptops with wireless connections. OC CUPA will use EnvisionConnect to push inspection and enforcement information to CERS at a yet to be defined frequency acceptable to Cal /EPA. PAs will use the EnvisionConnect Portal to collect and manage inspection and enforcement information which will be uploaded to EnvisionConnect and then to CERS. 6. Billing /Invoicing OC CUPA will use EnvisionConnect to generate invoices for regulated businesses. EnvisionConnect Will accept data from the Regional Portal PA billing module and specific OC CUPA fields in Envision Connect will be used to generate invoices. Billin. g /invoicing is performed by:OC CUPA Accounting staff using EnvisionConnect's billing module. Data that is downloaded from CERS will not be needed to generate invoices. OC CUPA and PA fees are calculated based on program costs. The OC CUPA manager will work with the Budget Analyst to determine whether or not fees need to be increased to cover the operational costs of the Regional Portal. Each PA.will.need to make a similar analysis. As previously stated in the needs assessment, overall reductions in staff resources due to streamlining of the billing operations and reduction in data entry will be evaluated to determine the impact.of the regional portal on program fees. . 7. Training Staff Training Existing OC CUPA and PA staff will be trained as the Portal is implemented. The OC CUPA Portal team will schedule the trainings for the professional staff (OG CUPA and PA) who will be. administrators or reviewers. Engine companies will. be trained to use the Regional Portal's Version 1.0 Page 6 of 10 Electronic Reporting Transition Plan Emergency Response (ER) module by PA staff. OC CUPA Portal team staff can be requested to assist in the ER trainings as needed. New staff will be scheduled for the initial EnvisionConnect and /or EnvisionConnect Portal training within two weeks after hire. OC CUPA Portal Coordinators will administer data management system training for all CUPA new hires. PA Portal Coordinators will administer data management system training for all PA new hires. OC CUPA will take advantage of ongoing online training provided by Decade Software. Business Training a) OC CUPA and PA staff will conduct regular Portal educational outreach and training to the regulated. Training will be in the form of workshops, in- person field training, online training, tip cards, and phone /email assistance. b) OC CUPA will conduct CERS training as needed based on the multi jurisdictional business use of CERS. 8. Help System OC CUPA and PA will offer a basic level of assistance for the EnvisionConnect Portal to regulated businesses. Businesses may call or email OC CUPA and PA Portal Coordinator(s) for this assistance, but inspection staff may help as well. OC CUPA web site will contain guidance on the general operation of the EnvisionConnect Portal. For technical or complicated issues, with the EnvisionConnect Portal or the EnvisionConnect data management system, OC CUPA staff will contact Decade Software Technical Support by email at support@decadesoftware.com or the help line at 800 -233 -9232. 9. Service Contract and Grant (fiscal) OC CUPA and PA will apply for electronic reporting grants individually using the application provided by Cal /EPA. The funds will be used to coverthe specific costs associated with Portal enhancements as well as implementing PA connections to the Portal. Following the fund distribution request are brief descriptions of each of the projects. As previously stated, the OC CUPA initiated the Regional Portal concept in 2007 with active implementation starting in 2008. The majority of the Portal base infrastructure was completed without the need for AB2286 funds. The OC CUPA would like to use AB2286 funds to enhance the Portal's functionality for both the regulated business community and the Agency (OCCUPA and PA) users.. In addition, the proposed projects will contribute to the streamlining of CUPA - business. operations providing the businesses with a one -stop online option to submit forms, pay invoices, and submit plans.. The enhancements to the Portal will also allow the OC CUPA and PAs to reduce the dependency on paper for processing billing changes and tracking of inspection and enforcement data. FUND DISTRIBUTION. REQUEST Project Title Activity Total Cost EC Portal Vendor costs $3610 80 Redundancy 1 Servers $16,795 Version 1 0 Page 7 of 10 Electronic Reporting Transition Plan *verbal vendor quotes - need to obtain written quotes from vendor * *estimate which includes indirect costs, may be adjusted if vendors costs are modified EC Portal Redundancy Project will build an automatic back -up system.for Portal operations which willprovide full Portal operation if the existing Portal system fails. EC Portal Electronic Signature Electronic signatures will provide another layer of Portal business identification which will assist in online payments and billing collection operations. Portal Billing Component Project will build online payments of OC CUPA and PA fees within the Regional Portal Portal Functionality Project will enhance the user's. (business, reviewer, and administrator) operations of the: Portal (e.g. tabs, EPCRA compliance) PA Inspection and Enforcement Module Project will build a module to help PA's track Title 27 summery report 3 & 4 inspection and enforcement . data in the Portal. Data will be move from the Portal to EnvisionConnect on a set schedule. Expansion of the PA Billing Module. for :pC CUPA Billing: Use The PA billing module was build prior to AB2286 grant funding. The expansion of this module for OC CUPA staff will streamline business status /address changes and eliminate the need for paper updates. OC CUPA Staffing for Portal Implementation The OC CUPA Portal Implementation team coordinates 1) PA connections which include review of initial data, training, and establishment of usemame /passwords, 2) OC CUPA professional staff reviewer training, 3) business training, 4) overall Portal functionality, and 4)general project management tasks. The team meets with the Agency:IT.and vendor staff on weekly conference call, conducts.. Version 1:.0 Page 8 of 10 Associated minor equipment $8293 Portal Digital Vendor costs $27,188 Signature Portal Billing Vendor costs $46,315 Component Servers $21,315 Portal Functionality Vendor costs $25,000* PA Inspection and Vendor costs $15,000* Enforcement Module Expansion of the PA Billing module for OC Vendor costs $5000* CUPA billing use OC CUPA staffing for $101,009* Portal Implementation OCFA (PA) Portal Vendor costs $25,000 Connection PA connections to Vendor costs $200,000 Portal *verbal vendor quotes - need to obtain written quotes from vendor * *estimate which includes indirect costs, may be adjusted if vendors costs are modified EC Portal Redundancy Project will build an automatic back -up system.for Portal operations which willprovide full Portal operation if the existing Portal system fails. EC Portal Electronic Signature Electronic signatures will provide another layer of Portal business identification which will assist in online payments and billing collection operations. Portal Billing Component Project will build online payments of OC CUPA and PA fees within the Regional Portal Portal Functionality Project will enhance the user's. (business, reviewer, and administrator) operations of the: Portal (e.g. tabs, EPCRA compliance) PA Inspection and Enforcement Module Project will build a module to help PA's track Title 27 summery report 3 & 4 inspection and enforcement . data in the Portal. Data will be move from the Portal to EnvisionConnect on a set schedule. Expansion of the PA Billing Module. for :pC CUPA Billing: Use The PA billing module was build prior to AB2286 grant funding. The expansion of this module for OC CUPA staff will streamline business status /address changes and eliminate the need for paper updates. OC CUPA Staffing for Portal Implementation The OC CUPA Portal Implementation team coordinates 1) PA connections which include review of initial data, training, and establishment of usemame /passwords, 2) OC CUPA professional staff reviewer training, 3) business training, 4) overall Portal functionality, and 4)general project management tasks. The team meets with the Agency:IT.and vendor staff on weekly conference call, conducts.. Version 1:.0 Page 8 of 10 Electronic Reporting Transition Plan bimonthly meetings with the PAs (E- Reporting Committee), and addresses all of the database contracting and grant administration responsibilities. OCFA (PA) Portal Connection Since OCFA is a large PA (22 cities vs. 1for the other PAs) the connection cost to the Regional Portal was greater than the $20,000 allotted by the AB2286 grant. The OC CUPA will cover the $25,000 difference. PA Connections to the Portal With the exception of OCFA, each PA will be charged up to $20,000 by the vendor for a Regional Portal connection. This fee will include setting up the forms, data transfer if applicable, and establishing the Portal connection. 10. Ongoing Support and Maintenance OC CUPA's annual EnvisionConnect costs are currently projected not to change with CERS e- reporting. Annual database and Portal expenses are part of the OC CUPA's current annual budget and will be included in all future budgets. OC CUPA's annual EnvisionConnect costs increased with the implementation of the EnvisionConnect Portal. OC CUPA will support any ongoing additional costs through an increase of program fees unless a review determines that the efficiencies generated from the Portal use offset the operational costs. 11. Electronic Reporting Transition Plan Tracking OC CUPA and PAs will submit a quarterly status report and invoice to Cal /EPA to update the progress of the CUPA transition plan. The following tables denote the list of milestones that will be tracked and reported to Cal /EPA. Milestones Reported to Cal /EPA Date 1 1 Estimated/actual start date of the.CUPA Electronic Reporting Transition Plan 09/10 2 Date CUPA select preferred data.exchan a methodolo gy 07/08 3 Date Electronic Reporting Transition Plan &Grant Application submitted 11/23110 4 Date Cal /EPA awards. rant 01/15/11: . . 5 Date transfer of existing data from UPA system to CERS complete Est. 6/12 6. Date authorized business electronic submission 04/01/1-0 7 Date CERS data exchange o &ational:.business data Est. 6/12 8 Date CERS data exchange operational: inspection &enforcement data Est. 6/12 9 1 Date CUPA electronic reporting transition process complete inclu ing PAs Est. 12/12 Milestones Tracked by CUPA Date 1 Upgrade to current version of EnvisionConnect 12/09 2 Transfer CUPA hardcopy documents to EnvisionConnect if applicable) ongoing 3 Data remediation complete 12112 4 ` Business outreach and training complete 12/12 Version 1:0 Page &of 10 Electronic Reporting Transition Plan 12. SB 2286 Grant Application Process OC CUPA and PAs will submit its Electronic Reporting Transition Plan along with its grant application to the Cal /EPA. Status reports on the use of grant funds will be submitted to Cal /EPA periodically before release of grant funds to the CUPA. City of Newport Beach This budget amendment is requested to provide for the following: To increase revenue estimates to accept the the United Program for reimbursement of the completion costs associated with the im, regulated businesses and UPA to use the Internet to file information electronically. NO. BA- 11BA -022 AMOUNT: $20,000.00 r =U Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance ACCOUNTING ENTRY: BUDGETAMENDMENT 2010 -11 EFFECT ON BUDGETARY FUND BALANCE: Fund Account Increase Revenue Estimates 010 3605 Increase Expenditure Appropriations AND REVENUE ESTIMATES (3601) Transfer Budget Appropriations SOURCE: Account Description 2330 from existing budget appropriations X EXPENDITURE APPROPRIAT IONS (3603) from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase revenue estimates to accept the the United Program for reimbursement of the completion costs associated with the im, regulated businesses and UPA to use the Internet to file information electronically. NO. BA- 11BA -022 AMOUNT: $20,000.00 r =U Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Amount Fund Account Description Debit Cred'R 010 3605 General Fund - Fund Balance $20,000.00 REVENUE ESTIMATES (3601) Fund /Division Account Description 2330 489G Fire: Prevention - AB 2286 Compliance Grant $20,000.00 EXPENDITURE APPROPRIAT IONS (3603) Description Division Number Account Number Division Number Account Number • Automatic System Entry. Signed: � / er-)3 l �) v Financial Appro al: LAministrative Services Director Date Signed: AdmInviskative Approval: City Manager Signed: City Council Approval City Clerk Date