HomeMy WebLinkAboutC-4401 - PSA for Electronic Collection of Hazardous Material DisclosuresPROFESSIONAL SERVICES AGREEMENT WITH
E -COMPLIANCE INC. FOR
ELECTRONIC COLLECTION OF HAZARDOUS MATERIAL DISCLOSURES
THIS AGREEMENT is made and entered into as of thisi day of NW*��K
�,
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
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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.
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.
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.
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 1 st 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:
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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:
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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).
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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 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
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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 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.
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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:
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.
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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 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.
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18. CONFIDENTIALITY
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.
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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 Francisco, CA 94103
Phone: 415-437-3979
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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 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, 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.
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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 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.
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.
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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: "O'�//s
e D. b eaamp
Assistant City A rney
ATTEST:
By: 9
Leilani I. Brown,
City Clerk a00,§„®
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
v
P Kiff
City Manager
CONSULTANT: eCompliance
am
rate Officer)
Title:
Print Nameb I J f ` -00LA-01
By:
financial Officer)
Title: r- '�t'
Print Name:���
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rate
Exhibit C — Support Terms
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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 Friday. excluding holidays.
eCompliance agrees to provide to the City as part of the technical, operational and training
services hereunder all revisions, updates, improvements, modifications and enhancements
(the "Updates") to the Product. An Update, once incorporated by the City into the
Product, shall be considered part of the Product for all purposes hereunder and shall not
cause a loss of existing functionality. All such Updates will be provided 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.
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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.
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EXHIBIT "B"
SCHEDULE OF FEES
One time set up fee:
$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
On-site support (if requested by City)
(Includes all costs and expenses, including travel time and lodging)
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$150.00
$1,500.00
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
17
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) assist eCompliance'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.
m
Exhibit C-1
eCompliance's Hours for Support Service are as follows:
Regular Hours of Service (pacific After Hours Service (pacific time)
time)
0900 to 1700 hours 1700 hours to 0900 hours Monday to
Friday
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
Incident/Request for Service Priority
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
19
r-.
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
Server Hardware Problem
Desktop Hardware Problem
Isolated Workstation Issue
Database Performance/storage
Application or software related
Ownership
Orange County Healthcare Agency
City
City
eCompliance
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
20
the Priority A Issue as requested by City.
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 update 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
Server Hardware Problem
Desktop Hardware Problem
Isolated Workstation Issue
Database Performance/storage
Application or software related
Ownership
Orange County Healthcare Agency
City
City
eCompliance
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
20
BY THE C!VV COUNCI
CITY OF NEWPORT BEACH crry OF PEWpOw yVLACw
CITY COUNCIL STAFF REPORT J��,�M1 1 1 2011
Age dMAl no ff'flopp
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Fire Department
Mike Morgan, Interim Fire Chief, 644-3101
mmorgan(D-nbfd.net
SUBJECT: Acceptance of the Unified Program Agencies (UPA) Grant Fund
Allocation
RECOMMENDATION:
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. 11 BA-_ 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 Unifiea 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.
Prepared by:
on
Deputy Chief/Fire Marshal
Attachments:
(1) Professional Services Agreement
(2) Grant Application
(3) Electronic Reporting Transition Plan
Submitted by:
Mikegan
Interi ire ief
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.
MAYOR
ATTEST:
CITY CLERK
t
PROFESSIONAL SERVICES AGREEMENT WITH
&COMPLIANCE INC. FOR
ELECTRONIC COLLECTION OF HAZARDOUS MATERIAL DISCLOSURES
THIS AGREEMENT is made and entered into as of this day of
2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
("City"), and &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 1 sc 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:
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).
-z 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
Project Administrator and
interest in the work to be
Consultant on the Project.
12. CITY POLICY
closely and cooperate fully with City's designated
any other agencies that may have jurisdiction or
performed. City agrees to cooperate with the
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 at all times during the term of this Agreement.
B. Si_ ncI ature. 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.
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.
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.
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:
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.
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 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. CONFIDENTIALITY
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 Francisco, 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 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, 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.
E
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 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.
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.
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:
ne D. eau h mp
Assistant City Attorney
ATTEST:
By: awa A 'A k.
Leilani I. Brown,
City Clerk 0
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Da id iff
City Manager
CONSULTANT: eCompliance
in
Title:
Print Na
C` �P
�1tpR� By.
(Financial Officer)
Title: C f 0
Print Name:
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rate
Exhibit C — Support Terms
("M
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 Fridayexcludng holidays.
�x
eCompliance agrees to provide to the City as part of the technical, operational and training
services hereunder all revisions, updates, improvements,�'modifications-and enhancements
(the "Updates") to the Product. An Update, once incorpok, ted bythe City:into the
Product, shall be considered part of the Product for all purposes hereunder and shall not
cause a loss of existing functionality. All such Updates will be pro--ided'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.
e- eli
EXHIBIT "B"
SCHEDULE OF FEES
One time set up fee: $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)
0
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) assist eCompliance'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 After Hours Service (pacific time)
time)
0900 to 1700 hours 1700 hours to 0900 hours Monday to
Friday
Monday to Friday - excluding Holidays
observed by the U.S. Federal Govt.
Call received by: eCompliance staff. at
415-437-3980
Saturdays & Sundays
Holidays
e-mail received by: eCompliance staff
at info@ecompliance.net
e-mail received by: eCompliance staff
at info@ecompliance.net
Incident/Request for Service Priority
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
A
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
Server Hardware Problem
Desktop Hardware Problem
Isolated Workstation Issue
Database. Performance/storage
Application or software related
Ownership
Orange County Healthcare Agency
City
City
eCompliance
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 by City.
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 update 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
Server Hardware Problem
Desktop Hardware Problem
Isolated Workstation Issue
Database. Performance/storage
Application or software related
Ownership
Orange County Healthcare Agency
City
City
eCompliance
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 Newport 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.
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
09/10
Fiscal Year
10/11
Fiscal Year
11/12
Fiscal Year
12/13
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
Page 2 of 3
CERTIFICATION
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
confidentoli.�y 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
Page 3of3
ELECTRONIC REPORTING TRANSITION PLAN
III FOR DECADE CLIENTS ISI
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.
AGENCY
CUPA/PA
PROGRAM
QTR OF PORTAL
ELEMENTS
CONNECTION
Costa Mesa Fire
PA
HMRRP/HMMP
2nd/2011
Fountain Valley
PA
HMRRP/HMMP
4th/201 I
Fire
Fullerton Fire
PA
HMRRP/HMMP
1st/2012
UST
Garden Grove Fire
PA
HMRRP/HMMP
4th/201 0
Version 1.0
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 by which 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 -
Connect and the Portal. OC CUPA will upload existing Owner and Facility information to CERS.
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 EnvisionConnect and CERS
Version 1.0 Page 2 of 10
PROGRAM
TRNR OF
4POR
AGENCY
CUPA/PA
AL
ELEMENT
CONNECTION
Huntington Beach
PA
HMRRP/HMMP
1st/2011
Fire
LA County Fire
PA
HMRRP/HMMP
4 th/2012
Dept (La Habra)
Cal/ARP
Newport Beach
PA
HMRRP/HMMP
1st/2010
Fire
Orange Fire
PA
HMRRP/HMMP
3"/2011
UST
Orange County
PA
HMRRP/HMMP
2nd/2012
Fire Authority
Cal/ARP
22 Cities &
Unincorporated
Santa Ana Fire
PA
HMRRP/HMMP
3` /2012
UST
Orange County
CUPA
HMRRP/HMMP —
2nd/2009
Environmental
City of Brea
Health
Orange County
CUPA
UST
4th/2010
Environmental
With the exception
Health
of Anaheim,
Fullerton, Orange,
& Santa Ana
Orange County
CUPA
HW/TP
4t /2011
Environmental
Health
Orange County
CUPA
APST
4 th/2011
Environmental
Health
Orange County
CUPA
CalARP
4th/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 by which 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 -
Connect and the Portal. OC CUPA will upload existing Owner and Facility information to CERS.
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 EnvisionConnect 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
Cit of Brea
Electronic
Newport
PA
HMRRP/HMMP
205
Beach Fire
CM, FV, F,
Paper
GG, HB,
PA
HMRRP/HMMP
6240
LACOFD, O,
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 (CalARP)
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
497
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 Portal implementation, 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 B 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,
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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 enter data
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.
4. Management of Data Changes/Updates
Version 1.0 Page 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. Billing/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 (OC 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 cover the 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
$35,089
Redundant
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 will provide 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 OC 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 username/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 a weekly conference call, conducts
Version 1.0 Page 8 of 10
Associated minor equipment
$8293
Portal Digital
Signature
Vendor costs
$27,188
Portal Billing
Component
Vendor costs
$46,315
Servers
$21,315
Portal Functionality
Vendor costs
$25,000*
PA Inspection and
Enforcement Module
Vendor costs
$15,000*
Expansion of the PA
Billing module for OC
Vendor costs
$5000*
CUPA billing use
OC CUPA staffing for
Portal Implementation
$101,009**
OCFA (PA) Portal
Connection
Vendor costs
$25,000
PA connections to
Portal
Vendor costs
$200,000
*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 will provide 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 OC 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 username/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 a weekly conference call, conducts
Version 1.0 Page 8 of 10
r
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
Estimated/actual start date of the CUPA Electronic Reporting Transition Plan
09/10
2
Date CUPA select preferred data exchange methodology
07/08
3
Date Electronic Reporting Transition Plan &Grant Application submitted
11/23/10
4
Date Cal/EPA awards grant
01/15/11
5
Date transfer of existing data from UPA system to CERS complete
Est. 6/12
6
Date authorized business electronic submission
04/01/10
7
Date CERS data exchange operational: business data
Est. 6/12
8
Date CERS data exchange operational: inspection & enforcement data
Est. 6/12
9
Date CUPA electronic reporting transition process complete(including 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
12/12
4
Business outreach and training complete
12/12
Version 1.0 Page 9 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.
Version 1.0 Page 10 of 10
Cir -- of Newport Beach NO. BA- 11BA-022
BUDGET AMENDMENT
2010-11
AMOUNT:1 $20,000.00
EFFECT ON
BUDGETARY FUND BALANCE:
Account
Number
Division
Increase Revenue Estimates
Account
X
Increase in Budgetary Fund Balance
X
Increase Expenditure Appropriations AND
Decrease in Budgetary Fund Balance
Transfer Budget Appropriations
No effect on Budgetary Fund Balance
SOURCE:
from existing budget appropriations
X
from additional estimated revenues
from unappropriated fund balance
t►_ 1C0L`F
This budget amendment is requested to provide for the following:
To increase revenue estimates to accept the the United Program Agencies (UPA) Grant Fund Allocation, which was ultilized
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 information electronically.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE Amount
Fund Account Description Debit Credit
010 3605 General Fund - Fund Balance $20,000.00
REVENUE ESTIMATES (3601)
Fund/Division Account Description
2330 489G Fire: Prevention - AB 2286 Compliance Grant
EXPENDITURE APPROPRIATIONS (3603)
Division
Number
Account
Number
Division
Number
Account
Number
Signed: )
�,
(�jG Financial
Signed:
Description
Services Director
Adehistirative Approval: City Manager
Signed:
City Council Approval: City Clerk
$20,000.00
" Automatic
o—Z,-�3// U
Date
143d C.0
ate
uate