20-0701_ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES_Amend 2 to Prof Services AgrTO THE PROFESSIONAL SERVICES AGREEMENT FOR FAT'S, OILS AND GREASE
(FOG) AND FOOD SERVICE ESTABLISHMENT (FSE) NATIONAL POLLUTION
DISCHARGE ELIMINATION SYSTEM (NPDES) INSPECTION SERVICES
BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
UZI7
ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES
1. Parties and Date.
This Amendment No. 2 to the "Professional Services Agreement For Fats, Oils and Grease
(FOG) and Food Service Establishment (FSE) National Pollution Discharge Elimination System
(NPDES) Inspection Services" is made and entered into as of this 1st day of July, 2020 by and
between the City of San Juan Capistrano, a municipal organization organized under the laws of the
State of California with its principal place of business at 32400 Paseo Adclanto, San Juan
Capistrano, California 92675 ("City") and Environmental Compliance Inspection Services, a Sole
Proprietorship, with its principal place of business at 33322 Marina Vista Dr. Dana Point, CA 92629
. City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties."
2. Recitals.
2.1 Consultant. The City and Consultant have entered into an agreement entitled
"Professional Services Agreement For Fats, Oils and Grease (FOG) and Food Service Establishment
(FSE) National Pollution Discharge Elimination System (NPDES) Inspection Services" dated
September 5, 2017 ("Agreement') for the purpose of retaining the services of Consultant to provide
FOG and FSE NPDES Inspections.
2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to
extend the tern and increase the not -to -exceed compensation amount under the Agreement. The
parties have heretofore entered into Amendment No. 1 dated September 5, 2019.
2.3 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section 23
of the Agreement.
3. Terms.
3.1 Amendment. Section 2 of the Agreement is hereby amended in its entirety to read as
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61147.02100133000341.1
follows:
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for services specified in Exhibits
A and A-1 in accordance with the Schedule of Charges set forth in Exhibits B and B-1,
respectively.
b. In no event shall the total amount paid for services rendered by Consultant under this
Agreement exceed the sum of Ninety Eight Thousand, Five Hundred Forty Four Dollars
($98,544). This amount is to cover all printing and related costs, and the City will not pay
any additional fees for printing expenses. Periodic payments shall be made within 30 days of
receipt of an invoice which includes a detailed description of the work performed. Payments
to Consultant for work performed will be made on a monthly billing basis.
3.2 Amendment. Section 5 of the Agreement is hereby amended in its entirety to read as
follows:
5. Time of Performance.
Consultant shall perform its services in a prompt and timely manner and shall commence
performance upon receipt of written notice from the City to proceed ("Notice to Proceed").
Consultant shall complete the services required hereunder on or before June 30, 2021. The
Notice to Proceed shall set forth the date of commencement of work.
3.3 Continuing Effect of Agreement. Except as amended by Amendment No. 1 and this
Amendment No. 2, all other provisions of the Agreement remain in full force and effect and shall
govern the actions of the parties under this Amendment No. 2. From and after the date of this
Amendment No.2, whenever the term "Agreement" appears in the Agreement, it shall mean the
Agreement as amended by Amendment No. 1 and this Amendment No. 2.
3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they
have each received adequate and independent consideration for the performance of the obligations
they have undertaken pursuant to this Amendment No. 2.
3.5 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
[Signatures on Next Page]
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61 147.02100133000341.1
SIGNATURE PAGE FOR AMENDMENT NO.2
TO THE PROFESSIONAL SERVICES AGREEMENT FATS, OILS AND GREASE (FOG)
AND FOOD SERVICE ESTABLISHMENT (FSE) NATIONAL POLLUTION DISCHARGE
ELIMINATION SYSTEM (NPDES) INSPECTION SERVICES
BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND
ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES
CITY OF SAN JUAN CAPISTRANO
Approved By:
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Be9.S3dge
21ty Manager
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Date
Atte day
Maria -Morris
City Clerk
Approved As To Form:
City Attorney
ENVIRONMENTAL COMPLIANCE
INSPECTION SERVICES
on Kinley
Owner
6 y- Zo
Date
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6114702 I O W 3000311. I
EXHIBIT A-1
REVISED SCHEDULE OF SERVICES
Consultant shall complete all required Bi -Annual Grease Control Devise Inspections spaced out to
occur every 6 months and to begin at a city approved month once the contract is awarded.
Consultant will provide updated Excel format inspections database to the City FOG Program
Manager within two weeks of the inspection program completion.
Consultant shall complete the required ANNUAL FES-NPDES inspection to begin at a city
approved month once the contract is awarded. Consultant will provide the updated Excel format
inspections database to the City FOG/NPDES Program Manager within two weeks of the inspections
program.
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61147.02100133000341.1
EXHIBIT B -I
SCHEDULE OF CHARGES
Item No.
Description
Quantity
Unit Cost
Total Annual
Total Cost for
Item Cost
Two Years
1.1
Grease Control
190
$ 17 per lid
$6,460
NA
Device
Lids/devices
($3,230 X 2)
Inspections (Bi-
annual)
1.2
Food Service
175FSE's
$ 80 per FSE
$14,000
NA
Establishment
(FSE) NPDES
Inspections
(annual)
Project Total
$20,460
NA
Total In Writing:
The total Annual (2020-21) cost for the GCDI Program will be Six thousand four hundred sixty
dollars per year.
The total Annual (2020-21) cost for the FSE-NPDES Program will be Fourteen thousand dollars
per year.
Hourly Rate for any meeting(s), consultation or other work relevant to the Scope of Work as
required by this proposal shall be Seventy Five ($75) per hour.
This is the last of the two possible Amendments.
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61147.02100133000341. i