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21-0701_ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES_Amend 2 to Prof Services Agr61147.02100\33865965.2 Page 1 of 6 AMENDMENT NO. 3 TO 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 AND ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES 1. Parties and Date. This Amendment No. 3 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, 2021 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 Adelanto, 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 (“Consultant”). 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 term and increase the not-to-exceed compensation amount under the Agreement. The parties have heretofore entered into Amendment No. 1 dated September 5, 2019 and Amendment No. 2 dated July 1, 2020. 2.3 Amendment Authority. This Amendment No. 3 is authorized pursuant to Section 23 of the Agreement. 3. Terms. 61147.02100\33865965.2 Page 2 of 6 3.1 Amendment. Section 1 of the Agreement is hereby amended in its entirety to read as follows: 1. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibits A, A-1, and A-2. 3.2 Amendment. Section 2 of the Agreement is hereby amended in its entirety to read as follows: 2. Compensation. a. Subject to paragraph 2(b) below, the City shall pay for services specified in Exhibits A, A-1, and A-2 in accordance with the Schedule of Charges set forth in Exhibits B, B-1, and B-2, respectively. b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of One Hundred Nineteen Thousand Eight Hundred and Sixty Dollars ($119,860). 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. 3.3 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, 2022. The Notice to Proceed shall set forth the date of commencement of work. 3.4 Continuing Effect of Agreement. Except as amended by Amendment No. 1, Amendment No. 2, and this Amendment No. 3, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 3. From and after the date of this Amendment No.3, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by Amendment No. 1. Amendment No. 2, and this Amendment No. 3. 3.5 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. 3. 3.6 Severability. If any portion of this Amendment No. 3 is declared invalid, illegal, or 61147.02100\33865965.2 Page 3 of 6 otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. [Signatures on Next Page] 5/6/21 61147.02100\33865965.2 Page 5 of 6 EXHIBIT A-2 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. 61147.02100\33865965.2 Page 6 of 6 EXHIBIT B-2 SCHEDULE OF CHARGES Item No. Description Quantity Unit Cost Total Annual Item Cost Total Cost for Two Years 1.1 Grease Control Device Inspections (Bi- annual) 199 Lids/devices $ 17 per lid $6,766 ($3,383 X 2) NA 1.2 Food Service Establishment (FSE) NPDES Inspections (annual) 180 FSE’s $ 80 per FSE $ 14,400 NA Project Total $21,166 NA Total In Writing: The total Annual (2021-22) cost for the GCDI Program will be Six thousand seven hundred and sixty six dollars per year. The total Annual (2021-22) cost for the FSE-NPDES Program will be Fourteen thousand four hundred 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 dollars ($75) per hour.