22-0713_ENVIRONMENTAL COMPLIANCE INSP SVCS_Letter Agreement32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
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JULY 13, 2022
ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES
ATTN: JON C. KINLEY
33322 MARINA VISTA DRIVE
DANA POINT, CA 92629
Dear Mr. Kinley:
MEMBERS OF THE CITY COUNCIL
TROY BOURNE
SERGIO FARIAS
HOWARD HART
DEREK REEVE
JOHN TAYLOR
LETTER AGREEMENT FOR FOOD SERVICE ESTABLISHMENT (FSE) NATIONAL
POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) INSPECTION SERVICES
This letter shall be our Agreement ("Letter Agreement") regarding the Food Service
Establishment (FSE) National Pollution Discharge Elimination System (NPDES) Inspection
Services described below ("Services") to be provided by Environmental Compliance Inspection
Services, a Sole Proprietorship, ("Consultant") as an independent contractor to the City of San
Juan Capistrano (the "City") for the City's FSE/NPDES Program Inspection Services
("Project"). Consultant is retained as independent contractor and is not an employee of the City.
City and Consultant are sometimes referred to herein as "Party" or "Parties."
The Services to be provided are more particularly described in the Scope of Services attached
hereto as Exhibit "A" and are incorporated herein by reference. The term of this Letter
Agreement shall be from July 31, 2022, to July 30, 2023. Services on the Project shall begin
immediately and shall be completed within the term of this Letter Agreement, unless extended
by the City in writing.
Consultant shall perform all Services under this Letter Agreement in a skillful and competent
manner, consistent with the standards generally recognized as being employed by professionals
in the same discipline in the State of California, and consistent with all applicable laws.
Consultant represents that it, its employees and subcontractors have all licenses, permits,
qualifications and approvals of whatever nature that are legally required to perform the Services,
including any required business license, and that such licenses and approvals shall be maintained
throughout the term of this Letter Agreement.
ECIS
July 13, 2022
Page 2 of 7
Consultant has represented to the City that certain key personnel will perform and coordinate the
Services under this Letter Agreement. Should one or more of such personnel become
unavailable, Consultant may substitute other personnel of equal competence upon written
approval of the City. In the event that the City and Consultant cannot agree as to the substitution
of key personnel, the City shall be entitled to terminate this Letter Agreement for cause. The key
personnel for performance of this Letter Agreement are as follows: Jon C. Kinley.
Compensation shall be based on the actual amount of time spent in adequately performing the
Services and shall be billed at the hourly rate(s) of $80.00 per inspection. The total compensation
shall not exceed $10,000.00 without written approval of the PUBLIC WORKS DIRECTOR.
Consultant's invoices shall include a detailed description of the Services performed. Invoices
shall be submitted to the City on a monthly basis as performance of the Services progresses. The
City shall review and pay the approved charges on such invoices in a timely manner.
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and
1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.,
("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the
performance of other requirements on "public works" and "maintenance" projects. If the
Services are being performed as part of an applicable "public works" or "maintenance" project,
as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more,
Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall make
copies of the prevailing rates of per diem wages for each craft, classification or type of worker
needed to execute the Services available to interested parties upon request and shall post copies
at the Consultant's principal place of business and at the project site. Consultant shall defend,
indemnify and hold the City, its officials, officers, employees and agents free and harmless from
any claim or liability arising out of any failure or alleged failure to comply with the Prevailing
Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all
California Labor Code provisions, which include but are not limited to prevailing wages (Labor
Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5),
certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code
Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Sections
1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner
under Labor Code section 1771.4 shall not apply to work performed on a public works project
that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
If the Services are being performed as part of an applicable "public works" or "maintenance"
project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all
subconsultants performing such Services must be registered with the Department of Industrial
Relations. Consultant shall maintain registration for the duration of the Project and require the
same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor
registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to
work performed on a public works project that is exempt pursuant to the small project exemption
specified in Labor Code Sections 1725.5 and 1771.1.
61147.02100\24471675.4
ECIS
July 13, 2022
Page 3 of 7
This Project may also be subject to compliance monitoring and enforcement by the Department
of Industrial Relations. It shall be Consultant's sole responsibility to comply with all applicable
registration and labor compliance requirements. Any stop orders issued by the Department of
Industrial Relations against Consultant or any subcontractor that affect Consultant's performance
of services, including any delay, shall be Consultant's sole responsibility. Any delay arising out
of or resulting from such stop orders shall be considered Consultant caused delay and shall not
be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials,
officers, employees and agents free and harmless from any claim or liability arising out of stop
orders issued by the Department of Industrial Relations against Consultant or any subcontractor.
Consultant shall provide proof of: A. Commercial General Liability Insurance, of at least
$1,000,000 per occurrence/$2,000,000 aggregate for bodily injury, personal injury and property
damage, at least as broad as Insurance Services Office Commercial General Liability most recent
Occurrence Form CG 00 01; B. Automobile Liability Insurance for bodily injury and property
damage including coverage for owned, non -owned and hired vehicles, of at least $1,000,000 per
occurrence for bodily injury and property damage, at least as broad as most recent Insurance
Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto); C.
Workers' Compensation in compliance with applicable statutory requirements and Employer's
Liability Coverage of at least $1,000,000 per occurrence; and D. Consultants providing
professional services shall provide Professional Liability (Errors and Omissions) Insurance of at
least $1,000,000. Insurance carriers shall be licensed to do business in California and maintain an
agent for process within the state. Such insurance carrier shall have not less than an "A -:VII"
rating according to the latest Best Key Rating unless otherwise approved by the City. The City,
its officials, officers, employees, agents and authorized volunteers shall be named as Additional
Insureds on Consultant's policies of Commercial General Liability and Automobile Liability
insurance and such coverage provided to the City as an Additional Insured shall apply on a
primary and non-contributory basis. Waiver of subrogation endorsements in favor of the City
shall be provided on Consultant's policies of Commercial General Liability, Automobile
Liability and Workers' Compensation/Employer's Liability insurance.
The City may terminate this Letter Agreement at any time with or without cause. If the City
finds it necessary to terminate this Letter Agreement without cause before Project completion,
Consultant shall be entitled to be paid in full for those Services adequately completed prior to the
notification of termination. Consultant may terminate this Letter Agreement only upon 30
calendar days' written notice to the City only in the event of City's failure to perform in
accordance with the terms of this Letter Agreement through no fault of Consultant.
To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing),
indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and
harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss,
damage or injury of any kind, in law or equity, to property or persons, including wrongful death,
in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful
misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents
in connection with the performance of the Consultant's services, the Project or this Letter
61147.02100\24471675.4
ECIS
July 13, 2022
Page 4 of 7
Agreement, including without limitation the payment of all damages, expert witness fees and
attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall
not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials,
officers, employees, agents, or volunteers.
If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's
performance of "design professional" services (as that term is defined under Civil Code section
2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully
incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise
out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the
Consultant, and, upon Consultant obtaining a final adjudication by a court of competent
jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed
the Consultant's proportionate percentage of fault.
Consultant shall keep itself fully informed of and in compliance with all local, state and federal
laws, rules and regulations in any manner affecting the performance of the Project or the
Services, including all Cal/OSHA requirements; all emissions limits and permitting requirements
imposed by the California Air Resources Board (GARB) or other governmental agencies; and all
water quality laws, rules and regulations of the Environmental Protection Agency, the State
Water Resources Control Board and the City.
By executing this Letter Agreement, Consultant verifies that it fully complies with all
requirements and restrictions of state and federal law respecting the employment of
undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of
1986, as may be amended from time to time. Consultant shall maintain records of its
compliance, including its verification of each employee, and shall make them available to the
City or its representatives for inspection and copy at any time during normal business hours. The
City shall not be responsible for any costs or expenses related to Consultant's compliance with
the requirements. To the same extent and under the same conditions as Consultant, Consultant
shall require all of its subcontractors, sub -subcontractors and consultants performing any work
relating to the Project or this Letter Agreement to make the same verifications and comply with
all requirements and restrictions provided herein. Consultant's failure to comply or any material
misrepresentations or omissions relating thereto shall be grounds for terminating this Letter
Agreement for cause.
By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700
of the California Labor Code which require every employer to be insured against liability for
Workers' Compensation or to undertake self-insurance in accordance with the provisions of that
Code, and agrees to comply with such provisions before commencing the performance of the
Services. Finally, Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment in violation of
state or federal law. As provided for in the indemnity obligations of this Letter Agreement,
Consultant shall indemnify City against any alleged violations of this paragraph, including, but
not limited to, any fines or penalties imposed by any governmental agency.
61147.02100\24471675.4
ECIS
July 13, 2022
Page 5 of 7
This Letter Agreement shall be interpreted in accordance with the laws of the State of California.
If any action is brought to interpret or enforce any term of this Letter Agreement, the action shall
be brought in a state or federal court situated in Orange County, State of California. In addition
to any and all contract requirements pertaining to notices of and requests for compensation or
payment for extra work, disputed work, claims and/or changed conditions, Consultant must
comply with the claim procedures set forth in Government Code sections 900 et seq. prior to
filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit
based upon the Government Code claims shall be limited to those matters that remain unresolved
after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions
have been followed by Consultant. If no such Government Code claim is submitted, or if any
prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant
shall be barred from bringing and maintaining a valid lawsuit against the City.
Consultant shall not assign, sublet, or transfer this Letter Agreement or any rights under or
interest in this Letter Agreement without the written consent of the City, which may be withheld
for any reason. This Letter Agreement may not be modified or altered except in writing signed
by both parties. Except to the extent expressly provided for in the termination paragraph, there
are no intended third party beneficiaries of any right or obligation of the Parties.
This is an integrated Letter Agreement representing the entire understanding of the parties as to
those matters contained herein, and supersedes and cancels any prior oral or written
understanding or representations with respect to matters covered hereunder. Since the Parties or
their agents have participated fully in the preparation of this Letter Agreement, the language of
this Letter Agreement shall be construed simply, according to its fair meaning, and not strictly
for or against any Party. The captions of the various paragraphs are for convenience and ease of
reference only, and do not define, limit, augment, or describe the scope, content or intent of this
Letter Agreement.
Consultant warrants that the individual who has signed this Letter Agreement has the legal
power, right and authority to make this Letter Agreement and bind the Consultant hereto. If you
agree with the terms of this Letter Agreement, please indicate by signing and dating where
indicated below.
61147.02100\24471675.4
SCIS
July 13, 2022
Page 6 of 7
CITY OF SAN JUAN CAPISTRANO
Approved By.
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Date
61147.02100\24471675.4
ENVIRONMENTAL COMPLIANCE
INSPECTION SERVICES
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Date
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ECIS
July 13, 2022
Page 7 of 7
EXHIBIT A
SCHEDULE OF SERVICES
Consultant shall complete the required ANNUAL FSE-NPDES inspections to begin at a city
approved month. Consultant will provide electronically, the updated Excel format inspections
database to the City NPDES Program Manager within two weeks of the end date of the
inspections program cycle.
Services will consist of three components. FSE (Food Service Establishment) -Follow-up
OCHCA-FSE-NPDES inspection at facilities within the City of San Juan Capistrano. A follow-
up inspection at all FSE's that were still Non -Compliant after two inspections during the last
round of inspections in November 2021. Lastly, provide any additional city requested
FSE/NPDES inspections as budget permits. Inspections will be performed in accordance with all
criteria as outlined in the City FSE-Stormwater Inspection Form. Consultant will also distribute
all applicable and relevant material related to the program to all known and/or affected FSE's at
the time of inspection.
Inspections involve inspecting the FSE's trash enclosure, the grease barrel, and/or paperwork,
specifically requiring the FSE to produce documentation that the grease control device or grease
barrel has been serviced. Consultant will inspect each FSE at least once to determine compliance.
If the FSE is Non -Compliant at the initial inspection, Consultant will give the FSE 14 days to
obtain compliance and perform a follow up inspection. If the FSE is still Non -Compliant at the
return inspection, Consultant will notify the FSE and also post the result on the inspections Excel
Database and notify City.
FEE SCHEDULE
As needed FSE-NPDES ins ection ee per FSE
$80
per ins ection/ er FSE
Return FSE NPDES inspection fiee per FSE
$80
per inspection /per FSE
As needed OCHCA inspections fee per FSE
$80
per inspection IjZer FSE
As needed return OCHCA ins ection ee er FSE
$80
per inspection /per FSE
Hourly Rate for Additional Services such as
Council/Committee Meetings etc.
$75.00 per hour
61147.02100\24471675.4
Admik
ECIS ENV/RONMENTAL COMPLIANCEINSPECTIONSE17WCES
SOURCE CONTROL SOLLMONS
Date: 7-5-22
To: Mr. Jeremy Hohnbaum / Senior Civil Engineer / City of San Juan Capistrano
From: Jon C. Kinley /President /ECIS
Re: FSE/NPDES Program Inspection Services proposal for 2022-23 (Revised)
Dear Mr. Hohnbaum
ECIS is pleased to present this revised proposal regarding ECIS performing NPDES Inspection
Services for the City of San Juan Capistrano. Proposed services will consist of three components.
FSE (Food Service Establishment) -Follow-up OCHCA-FSE-NPDES inspection at facilities within
the City of San Juan Capistrano. A follow-up inspection at all FSE's that were still Non -Compliant
after two inspections during the last round of inspections in November 2021. Lastly, provide any
additional city requested FSE/NPDES inspections as budget permits.
➢ FOLLOW UP- OCHCA- FSE/NPDES INSPECTIONS (as requested by City)
ECIS proposes to inspect any/all FSE's requested by City that are follow-ups for OCHCA violations.
Typically, these involve inspecting the FSE's trash enclosure, the grease barrel, and/or paperwork,
specifically requiring the FSE to produce documentation that the grease control device or grease
barrel has been serviced. ECIS will inspect each FSE at least once to determine compliance. If the
FSE is Non -Compliant at the initial inspection, ECIS will give the FSE 14 days to obtain compliance
and perform a follow up inspection. If the FSE is still Non -Compliant at the return inspection, ECIS
will notes the FSE and also post the result on the inspections Excel Database and notify City.
➢ ANNUAL FSE /NPDES INSPECTIONS (as requested by City)
INSPECTION FREQUENCY: ECIS proposes to perform an annual on-site, Food Service Establishment
(FSE) NPDES inspection at any/all FSE's listed currently, or in the future, within the FOG Program
database. ECIS proposes to inspect only those FSE's that were still Non -Compliant after the follow-up
inspection in November 2021. According to the database there were 30 FSE's that were still Non -Compliant
after the follow-up inspection. ECIS will inspect each FSE up to two times if necessary. If compliance is not
obtained by the FSE after this second inspection, ECIS will notify City of all such FSE's, along with all
relevant information including the reason(s) for the issuance of the NON.
INSPECTIONS O.P.: ECIS proposes to perform these inspections in accordance with all criteria as
outlined in the City supplied FSE -Storm -water Inspection Form.
33322 MARINA VISTA DRIVE • DANA POINT, CA, 92629 • PHONE/FAX.• (949) 481-8826 • EMAIL.jkinley@ecisglobal.com
�
ECIS ENVIRONMENTAL COMPLIANCEINSPECTIONSERVICES
SOURCE CONTROL SOL UT/ONS
NOTIFICATIONPROCEDURE. ECISproposes to inform and give written notification of all instances of
Non -Compliance to the affected FSE, and how to obtain compliance, as described within the city supplied
FSE -Storm -water Inspection Form.
ECISproposes to inform City of all FSE's found to be in Non -Compliance, with all enforcement procedures
beyond the established notification of non-compliance procedure(s) by ECIS, to be City responsibility.
COMPLIANCE OBTAINMENT: All FSE's in non-compliance will be given 14 days to obtain compliance
for any/all instance(s) of non-compliance.
FSE-NPDES INSPECTION FEE: ECISproposes to charge City a fee of $ 80.00 per FSE inspected. All
return inspections due to non-compliance will carry a fee of $80.00 per FSE, per visit.
ADDITIONAL SERVICES FEE: ECISproposes to charge City a fee of seventy Five (75) dollars per hour
for additional services such as council/committee meetings etc..
EDUCATIONAL MATERIALS/DOCUMENTATION: ECISproposes to distribute all applicable and
relevant material related to the program to all known and/or affected FSE's at the time of the inspections.
DATABASE: ECIS proposes to include all information relevant to the program on the existing FSE-NPDES
Excel database.
ECISproposes to supply electronically, an updated copy of the Excel database to City within two weeks of the
end date of each inspection cycle.
FSE-NPDES PROGRAM COST ESTIMATION. • Because there is no set number of inspections to be
performed ECIS does not have a detailed cost breakdown/estimation at this time. ECISproposes not to
exceed the city established maximum of $10, 000. For reference however the cost to inspect the 30 FSE's that
were still Non -Compliant after the follow-up inspection in November 2021 is anticipated to be at minimum
$2,400 (30 x 80). Some of these 30 FSE's may require a return inspection. For the sake of the budget if half of
the 30 need a return inspection this will add an additional $1,200 (15 X $80). The approximate cost to run
just the component of this proposal that includes inspecting the Non -Compliant FSE's from Nov 21 is $3,600.
This leaves $6,400 for the other two (OCHCA & as needed) inspection components.
ECISproposes to supply electronically, an updated copy of the Excel database to City within two weeks of the
end date of each inspection cycle.
➢ Annual cast for all components combined of the FSE-NPDES Inspections Program SHALL NOT
EXCEED $10,000.
33322 MARINA VISTA DRIVE • DANA POINT, CA, 92629 • PHONE/FAX.• (949) 481-8826 • EMAIL.Jkin/ey@ecisglobaLcom
AIVA
SCIS ENVIRONMENTAL COMPLIANCE/NSPECTIONSERVICES
SOURCE CONTROL SOW"ONS
FEE SCHEDULE
As needed FSE-NPDES ins ection ee per FSE
$80
per ins ection/ er FSE
Return FSE-NPDES ins ection ee per FSE
$80
per inspection /per FSE
As needed OCHCA ins ection ee per FSE
$80
per ins ection /per FSE
As needed return OCHCA ins ection ee per FSE
$80
per inspection /per FSE
Thank you, Jeremy, for the opportunity, please contact me with any questions.
Respectfully submitted,
Jon C. Kinley
President ECIS
33322 MARINA VISTA DRIVE • DANA POINT, CA, 92629 • PHONE/FAX.• (949) 481-8826 • EMAIL.jkinley@ecisglobaLcom