11-0118_ENVIRONMENTAL COMPLIANCE INSP SVCS_Personal Services Agreement PERSONAL SERVICES AGREEMENT gg
THIS AGREEMENT is made, entered into, and shall become effective this i
day of January, 2011, by and between the City of San Juan Capistrano (hereinafter
referred to as the "City") and Environmental Compliance Inspection Services
(hereinafter referred to as the "Contractor").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
proposal to provide grease interceptor inspections and Fats, Oils & Grease (FOG)
permits oversight, as set forth in Exhibit "A," attached.
WHEREAS, Consultant is qualified by virtue of experience, training, education
and expertise to accomplish such services.
NOW, THEREFORE, City and Consultant mutually agree as follows:
Section 1. Scope of Work.
The scope of work to be performed by Consultant shall consist of those tasks as
set forth in Exhibit '"A," attached and incorporated herein by reference. To the extent
that there are any conflicts between the provisions described in Exhibit "A" and those
provisions contained within this Agreement, the provisions in this Agreement shall
control.
Section 2. Term.
This Agreement shall commence on the effective date and shall terminate, and
all services required hereunder shall be completed, no later than ,lune 30, 2011.
Section 3. Compensation.
3.1 Amount.
.Total compensation for the services hereunder shall not exceed
$24,120.00, as set forth in Exhibit "A," attached.
3.2 Method of Payment.
Subject to Section 3.1, Consultant shall submit monthly invoices based on
total services which have been satisfactorily completed for such monthly period. The
City will pay monthly progress payments based on approved invoices in accordance
with this Section. Invoices shall be addressed as provided for in Section 16 below.
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3.3 Records of Expenses.
Consultant shall keep complete and accurate records of all costs and
expenses incidental to services covered by this Agreement. These records will be
made available at reasonable times to City.
Section 4. Independent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not
an agent or employee of City, and shall obtain no rights to any benefits which accrue to
City's employees.
Section 5. Limitations upon Subcontracting and Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals
and employees were a substantial inducement for City to enter into this Agreement.
Consultant shall not contract with any other entity to perform the services required
without written approval of the City. This Agreement may not be assigned, voluntarily or
by operation of law, without the prior written approval of the City. If Consultant is
permitted to subcontract any part of this Agreement by City, Consultant shall be
responsible to City for the acts and omissions of its subcontractor as it is for persons
directly employed. Nothing contained in this Agreement shall create any contractual
relationships between any subcontractor and City. All persons engaged in the work will
be considered employees of Consultant. City will deal directly with and will make all
payments to Consultant.
Section 6. Changes to Scope of Work.
For extra work not part of this Agreement, a written authorization from City is
required prior to Consultant undertaking any extra work. In the event of a change in the
Scope of Work provided for in the contract documents as requested by the City, the
Parties hereto shall execute an addendum to this Agreement setting forth with
particularity all terms of the new agreement, including but not limited to any additional
Consultant's fees.
Section 7. Familiarity with Work and/or Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated
the work to be performed; (2) if applicable, it has investigated the work site(s),. and is
aware of all conditions there; and (3) it understands the facilities, difficulties and
restrictions of the work to be performed under this Agreement. Should Consultant
discover any latent or unknown conditions materially differing from those inherent in the
work or as represented by City, it shall immediately inform the City of this and shall not
proceed with further work under this Agreement until written instructions are received
from the City.
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Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement.
Section 9. Compliance with Law; E-Verify.
9.1. Compliance with Law.
Consultant shall comply with all applicable laws, ordinances, codes and
regulations of federal, state and local government.
9.2. E-Verify.
If Consultant is not already enrolled in the U.S. Department of Homeland
Security's E-Verify program, Consultant shall enroll in the E-Verify program within fifteen
days of the effective date of this Agreement to verify the employment authorization of
new employees assigned to perform work hereunder. Consultant shall verify
employment authorization within three days of hiring a new employee to perform work
under this Agreement. Information pertaining to the E-Verify program can be found at
http://www.usci_ s.c csy, or access the registration page at https-//e_-verif .uscis, ov/enroll/.
Consultant shall certify its registration with E-Verify and provide its registration number
within sixteen days of the effective date of this Agreement. Failure to provide
certification will result in withholding payment until full compliance is demonstrated.
Section 10. Conflicts of Interest.
Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the
performance of the services contemplated by this Agreement. No person having such
interest shall be employed by or associated with Consultant.
Section 11. Copies of Work Product.
At the completion of the work, Consultant shall have delivered to City at least one
(1) copy of any final reports and/or notes or drawings containing Consultant's findings,
conclusions, and recommendations with any supporting documentation. All reports
submitted to the City shall be in reproducible format, or in the format otherwise
approved by the City in writing.
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Section 12. Ownership of Documents.
All reports, information, data and exhibits prepared or assembled by Consultant
in connection with the performance of its services pursuant to this Agreement are
confidential to the extent permitted by law, and Consultant agrees that they shall not be
made available to any individual or organization without prior written consent of the City.
All such reports, information, data, and exhibits shall be the property of the City and
shall be delivered to the City upon demand without additional costs or expense to the
City. The City acknowledges such documents are instruments of Consultant's
professional services.
Section 13. Indemnity.
To the fullest extent permitted by law, Consultant agrees to protect, defend, and
hold harmless the City and its elective and appointive boards, officers, agents, and
employees from any and all claims, liabilities, expenses, or damages of any nature,
including attorneys' fees, for injury or death of any person, or damages of any nature,
including interference with use of property, arising out of, or in any way connected with
the negligence, recklessness and/or intentional wrongful conduct of Consultant,
Consultant's agents, officers, employees, subcontractors, or independent contractors
hired by Consultant in the performance of the Agreement. The only exception to
Consultant's responsibility to protect, defend, and hold harmless the City, is due to the
negligence, recklessness and/or wrongful conduct of the City, or any of its elective or
appointive boards, officers, agents, or employees.
This hold harmless agreement shall apply to all 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 Consultant.
Section 14. Insurance.
On or before beginning any of the services or work called for by any term of this
Agreement, Consultant, at its own cost and expense, shall carry, maintain for the
duration of the agreement, and provide proof thereof that is acceptable to the City, the
insurance specified below with insurers and under forms of insurance satisfactory in all
respects to the City. Consultant shall not allow any subcontractor to commence work
on any subcontract until all insurance required of the Consultant has also been obtained
for the subcontractor. Insurance required herein shall be provided by Insurers in good
standing with the State of California and having a minimum Best's Guide Rating of A-
Class VII or better.
14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full
force and effect Comprehensive General Liability coverage in an amount not less than
one million dollars per occurrence ($1,000,000.00), combined single limit coverage for
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risks associated with the work contemplated by this agreement. If a Commercial
General Liability Insurance form 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.
14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full
force and effect Comprehensive Automobile Liability coverage, including owned, hired
and non-owned vehicles in an amount not less than one million dollars per occurrence
($1,000,000.00).
14.3 Worker's Compensation.
If Consultant intends to employ employees to perform services under this
Agreement, Consultant shall obtain and maintain, during the term of this Agreement,
Worker's Compensation Employer's Liability Insurance in the statutory amount as
required by state law.
14.4 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement, Consultant shall submit
the insurance certificates, including the deductible or self-retention amount, and an
additional insured endorsement naming City, its officers, employees, agents, and
volunteers as additional insureds as respects each of the following. Liability arising out
of activities performed by or on behalf of Consultant, including the insured's general
supervision of Consultant; products and completed operations of Consultant; premises
owned, occupied or used by Consultant; or automobiles owned, leased, hired, or
borrowed by Consultant. The coverage shall contain no special limitations on the scope
of protection afforded City, its officers, employees, agents, or volunteers.
14.5 [Reserved]
14.6 Notice of Cancellation/Termination of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled,
nor the coverages reduced, until after thirty (30) days' written notice is given to City,
except that ten (10) days' notice shall be given if there is a cancellation due to failure to
pay a premium.
14.7 Terms of Compensation.
Consultant shall not receive any compensation until all insurance
provisions have been satisfied.
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14.8 Notice to Proceed.
Consultant shall not proceed with any work under this Agreement until the
City has issued a written "Notice to Proceed" verifying that Consultant has complied
with all insurance requirements of this Agreement.
Section 15. Termination.
City shall have the right to terminate this Agreement without cause by giving
thirty (30) days' advance written notice of termination to Consultant.
In addition, this Agreement may be terminated by any party for cause by
providing ten (10) days' notice to the other party of a material breach of contract. If the
other party does not cure the breach of contract, then the agreement may be terminated
subsequent to the ten (10) day cure period.
Section 16. Notice.
All notices shall be personally delivered or mailed to the below listed addresses,
or to such other addresses as may be designated by written notice. These addresses
shall be used for delivery of service of process:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Ziad Mazboudi
To Contractor: Environmental Compliance Inspection Services
26 Dauphin
Dana Point, CA 92629
Attn: Jon C. Kinley
Section 17. Attorneys' Fees.
If any action at law or in equity is necessary to enforce or interpret the terms of
this Agreement, the prevailing party shall be entitled to reasonable attorneys` fees, costs
and necessary disbursements in addition to any other relief to which he may be entitled.
Section 18. Dispute Resolution.
In the event of a dispute arising between the parties regarding performance, or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration
under the auspices of the Judicial Arbitration and Mediation Service ("JAMS").
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Section 19. Entire .Agreement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
By:
J e Tait, ity Manager
CONSU T
ATE q:;
3
City er
APPROVED AS TO FORM:
1.
Ci y t e "
7
ECIS
ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES
SOURCE CONTROL SOLUTIONS
Date: 12-14-10
To: Mr. Ziad Mazboudi/F O.G. Program Manager/City of San Juan Capistrano
Re: SCIS Fats-Oil-Grease Inspection Program for City of San Juan Capistrano
Dear Ziad;
Per our recent discussion, here is the proposal for ECIS to implement a Source Control Program for the City
of San Juan Capistrano (SJC). This program will consist of two components; Grease Control Device
Inspections(GCDI's)performed monthly, and a quote for Food Service Establishment (FSE) Grease Control
Device Installation Plan Check services.
➢ GCDI'S. GREASE CONTROL DEVICE INSPECTIONS
INSPECTION FREQUENCY. ECISproposes to inspect all Grease Interceptors and Grease Traps within
SJC sewer service area on a monthly basis or as directed by the City if alternate inspection frequency is
proposed. This is the.same inspections program as was previously implemented by ECIS under the SOCWA
agreement.
INSPECTION S.O.P. : ECIS proposes to perform the following minimum at all inspections:
1. Contact customer.
2. Determine capacity and condition of grease interceptor/trap and record results.
3. Observe recent pumping manifests and or receipts-record on database.
4. Inform customer of all results and/or actions.
5. Issuance and follow up of notice of non-compliance (NON) if necessary.
DATABASE: ECIS proposes to gather, maintain, and provide a complete Excel database of all FSE's which
do and/or do not discharge wastewater containingfats, oil or grease (FOG) into the sewer collection system.
This database will include, but is not limited to, the following information:
1. Name-location of establishment.
�617AUPHIN •DANA POINT,CA,92629 •PHOEFAX.- (949)481-(S826-EAfAIL.Ilkinley@eci.vglobal.com
EXHIBIT
40
ECIS
1. Property owner, manager, contacts person name(s), and phone number(s).
2. Grease interceptor/trap location, number of inspection points, and volume in gallons.
3. Date of inspection, most recent pumping date, and condition of interceptor/trap.
4. Waste hauler names, addresses, and phone numbers.
5. NON issuance date(s), recheck dates, and results as well as any/all relevant information,
GCDI FEE. ECISproposes to charge SJC at a rate of Fifteen(15) dollars per inspection point. An inspection point is
defrned as any opening into the grease interceptor orgrease trap, designed for providing access to or obtaining a
sample(s).
PROGRAM COST ESTIMATION: The following estimated cost breakdown is for the actual inspections of the found
GCD's within SJC. Previously (January 2010 database) there were 121 FSE's in the City. There were 134 inspection
points (lids) between 43 Grease Interceptors and 9 Grease Traps, Inspecting 134 lids monthly will cost$24,120—(134 X
$15 -m $2,010 X 12). This estimated amount may rise or fall with FSE's opening and closing. It has been 10 months since
the last monthly inspection.
SCIS proposes to supply electronically, an updated copy of the Excel database to SJC within two weeks of the end date of
each inspection run.
RECORDS: SCIS proposes to keep all written records and all computer files/discs for a minimum of 3 years. All
records will be made available to SJC at all times, and will be turned over to SJC after the 3 year period.
EDUCATIONAL MATERIALS/DOCUMENTATION. ECIS proposes to provide all dischargers and/or contractors,
with all relevant documents pertaining to SJC sewer ordinance requirements. These documents shall be drafted,
approved, and supplied by SJC. All pictures, video,paperwork, etc., shall be made available to SJC at all times.
NOTIFICATION PROCEDURE: ECIS proposes to notify all dischargers found to be in non-compliance, or subject to
notice of violation. LCIS does not provide any form of legal enforcement or take part in any,form of enforcement
action(s). All legal enforcement and actions taken against any discharger by SJC after notice of non-compliance
procedures have been fulfilled by ECIS will be the sole responsibility of SJC. ECIS proposes to cooperate in full withVC
in all matters regarding possible enforcement actions) and other general matters regarding SJC sewer ordinance
requirements.
CONSULTING FEES: ECIS proposes to charge Seventy-Five (75) dollars per hour for all consultation (egg. City
Council meetings, On-site GCD installation consultation meetings, etc..).
26 DAUPIRAI •DANA POINT,CA,92629 •PHONE/FAX.- (949)481-8826- MAIL.jkrnleyitecisglobal.com
r
ECIS
➢ ESE GREASE CONTROL DEVICE INSTALLATIONPLAN CHECK
PLAN CHECK FEE: SCIS proposes to charge One Hundred Seventy-Five dollars ($175)for all plan check jobs.
This Plan Check program was previously in place by ECIS,for the same fee.
ECIS proposes to pet;form plan check on all submittals pertaining to FSEs. (Food Service Establishment) Plan check
services will be of on all neve construction, existing FSE remodels, tenant improvements or FSE transfers of
ownership. All plan submittals shall be required to comply with the existing City of San Juan Capistrano-Building
Division Plan Submittal Requirements.
ECIS proposes to perform all plan check duties outside of the Building Department and City of San Juan Capistrano.
ECIS will not have full or part time personnel available at the Building Department plan check counters. ECIS staff
can be available far a plan check meeting at the Building Department counter if the need arises. ECIS will provide
all ECIS contact information to staff at City Building Department in order,for staff to inform applicants. ECIS will
correspond directly with FSE owner(s), architects/engineers or other staff submitting plans.
ECIS proposes to inform applicant of all revisions required by noting correction=s directly on submitted plan sheets.
ECIS proposes to send an approved set of plans to City of San Juan Capistrano Building Department either in person
or by next day carrier.
ECIS proposes to stamp all approved plan sheets with an ECIS "Approved"stamp. ECIS will stamp all unapproved
plans with a "Not Approved"stamp.
ECIS proposes to of on-site consultations at all FSE sites that may require afield visit with interested parties to
discuss installation requirements of Grease Control Devices. There will be no additional cost for site consultation.
ECIS proposed to require food facilities to submit as part of the plan check process a completed FOG permit
application. ECIS will review the application for completeness and inform the applicant of the need to pay far the
permit fee. ECIS will inform the applicant that the FOGpermit fee payment is required prior to plan approval.
ECIS proposes to require all submittals to have the following basic minimum requirements.
1. All plans submitted by a registered/licensed architect/engineer in the State of California, with Stamp.
2. Two sets of minimum 24x36 plans.
3. Site plan with FSE name, address, street name(s), North arrow, and show existing underground Utilities.
4. Plumbing plan ("P"sheet(s)) with Grease Waste line(s) marked "GW", and Sanitary Waste Lines marked "S
5. Plumbing vent and waste diagram including isometric.
6. Floor Plan with Kitchen equipment schedule-specking which fixtures will drain to Grease Control Device.
7. City approved Grease Interceptor specification drawing copied onto submittal.
26 DAUPHIN •DANA POINT,CA 92629 e PHONE/FAX: (949)481-8826•EMAIL.jkinley@ecisglobal.com
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S. Grease Interceptor/Grease Trap Manufacturer, size, make. GPM/flow rate, model number and proposed location
of Grease Control Device shown on site plan or floor plan,
Current Uniform Plumbing Code Grease Control Device sizing formula included on submittal showing
Sizing calculations (all Grease Interceptor installations shall require a minimum sized 750 gallon Grease
Interceptor).
SCIS proposes to include the City of San Juan Capistrano Building Department plan/project number on all invoices
as well as FSE name and address.
SCIS will not plan check any plans that do not have the City or Building Department Plan/Project number clearly
shown on plans.
SUMMARY OF INSPECTIONS PROGRAM COST:
Job Service Cost
Grease Control Device Inspections (GCDI) j $15 per lid inspection
FSE-Plan Check Services $ 175 per FSE
Consulting Fees, when services are required $75 per hour
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Thank you Ziad,for your interest in SCIS and our Source Control Program. ECIS is committed to assisting you, your
staff, and the City of San Juan Capistrano in working towards the goal of a cleaner and safer environment.
Ifyou have any questions,please do not hesitate to contact me.
Respectfully Submitted,
.. 'Jon C.`I inley
President
ECIS
26 DAUPHIN •DANA PONT, CA,92629 -PHONE/FAX. (949)481-8826•EMAJL.jki'nleyGecisgtobal.com
Today's Date: t Transmittal Routing
(Check All That Apply)
❑ City Attorney
❑ City Manager
City Clerk
CONTRACT TNSMITTAL
ClP No, {if any}:
LOISProject Manager's Last Name: ( z �yo 1�11A - Phone Extension:
Council or CRA Meeting Date (if applicable): _ �}
APPROVING AUTHORITY: (Check One)
® Mayor
L1 CRA Chair
City Manager
Provide (1) executed original contract for each signing party, including the City. If the agreement is to be
recorded —only (1) original will be recorded with certified copies going to other parties.
Please provide the mailing address of any party to receive an agreement .— unless the mailing address is
included within the body of the agreement:
Names Street C ity. St Zi
OTHER INSTRUCTIONS:
Form [Date:01-2004 D - 7
32400 PASEO ADELANTD MEMBERS OF THE CITY COUNCIL
i
SAN JUAN CAPIS-rRANO,cA 92675 i'
(949)4693-1171 LAURAFREES
IA(GAPOBAiEB LAURAFREESE
(9:49)493-1053 FAX EsrRstlsto- 1 P961
LARRY KRAMEf7
www.sanjuaiicapistrano.org 4776 DEREK REEVE
® JOHN TAYLOR
TRANSMITTAL
TO:
Environmental Compliance Inspection Services
Attn: Jon C. Kinley
26 Dauphin
Dana Point, CA 92629
DATE: January 18, 2011
FROM: Christy Jakl, Deputy City Clerk (949) 443-6310
RE: Personal Services Agreement— Grease Interceptor Inspections
Thank you for providing documentation confirming compliance with the terms of the agreement
related to insurance.
Please keep in mind this documentation must remain current with our office during the term of
this agreement. If you have questions related to insurance requirements, please call me at
(949) 443-6310.
If you have questions concerning the agreement, please contact Ziad Mazhoudi, Senior Civil
Engineer at (949) 234-4413.
An original agreement is enclosed for your records.
Cc: Ziad Mazhoudi, Senior Civil Engineer
San Juan Capistrano Preserving the Past to Enhance the Future
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