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17-0125_ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES_Personal Services Agr First AmdAMENDMENT NO. 1 TO THE FAT'S, OILS AND GREASE (FOG) AND NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) FOOD SERVICE FACILTIY INSPECTIONS BETWEEN THE CITY OF SAN JUAN CAPISTRANO ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES 1. Parties and Date. This Amendment No. 1 to the "Personal Services Agreement For Fats, Oils and Grease (FOG) Inspection Services" is made and entered into as of this !):0-\-Y\ day of January, 2017, 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 26 Dauphin Dana Point, CA 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 "Personal Services Agreement For Fats, Oils and Grease (FOG) Inspection Services" dated August 2015 ("Agreement") for the purpose of retaining the services of Consultant to provide FOG and Food Services Establishment NPDES Inspections. 2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to extend the Term and amend the Compensation Sections of the Agreement. All services under this amendment shall be completed, no later than June 30, 2017. 2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section No. 2 of the Agreement. 3. Terms. 3.1 Amendment. Sections 2 and 3 of the Agreement are hereby amended in their entirety to read as follows: Section 2. Term. This Agreement shall become effective retroactively on July 1, 2016 and all services shall be completed, no later than June 30, 2017. The City will consider extending the agreement for one more year, based upon mutual agreement of the parties. Page 1 of3 61147.02100\24464451.1 Section 3. Compensation. Total compensation for services performed shall not exceed $19,000 per year, including all expenses as set forth in the Exhibit "A", attached and incorporated herein by reference. 3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No.1. From and after the date of this Amendment No.1, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1. 3.3 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.1. 3.4 Severability. If any portion of this Amendment No. 1 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] Page 2 of3 61147.02100\24464451.1 SIGNATURE PAGE FOR AMENDMENT NO. 1 TO THE FATS, OILS AND GREASE (FOG) AND NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) FOOD SERVICE FACILITY INSPECTIONS BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES CITY OF SAN JUAN CAPISTRANO -ENVIRONMENTAL COMPLIANCE Approved By: INSPECTION SERVICES /-20·(2 Date Date Approved As To Form : City Attorney Page 3 of3 61147.02100\24464451.1 --ECIS ENVIRONMENTAL COMPLIANCE INSPEC770N SERVICES SOURCI! CON77lOL SOLUT10NS Date: 5-28-15 To: Mr. Joe Mankawich I Associate Engineer I City of San Juan Capistrano From: Jon C. Kinley I President I ECIS Re: RFP for FOG Inspection Services Dear Mr. Mankawich, Per City of San Juan Capistrano RFP, ECIS is pleased to present this proposal regarding ECIS performing FOG Inspection Services for the City of San Juan Capistrano. Proposed services as outlined in the RFP include annual FSE(Food Service Establishment)-NPDES inspections and bi- annual FSE-Grease Control Device Inspections, at facilities within the City of San Juan Capistrano (/'he City), for 2015-16. A NNUAL FSE I NPDES INSPECTIONS INSPECTION FREQUENCY: ECIS proposes to perform an annual on-site, rood Service Establishment (FSE )NPDES inspection at all FSE 's listed currently, or in the future , within the FOG Program database. ECIS proposes to inspect each FSE a total of two times, the initial inspection and then the return inspection. 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. INSPECTI ON S .O.P. : ECIS proposes to perform these inspections in accordance with all criteria as outlined in the City supplied FSE-Storm-water Inspection Form. N OT! FICA TION PR OCEDURE: ECIS proposes 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. ECIS proposes 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: ECIS proposes to charge City a foe of$ 70.00 per FSE inspected All return inspections due to non-compliance will carry a fee of$70. 00 per FSE, per visit. · EXHIBIT A 26 DAUPHIN •DANA POINT, CA . 92629 •PHONE/FAX: (949) 481-8826 •EMAJL.jkinley@eci3globaL L-.. ECIS ENVIRONMENTAL COMPLIANCE INSPEC710N SERVICES SoURC8 CONTROL SoLUTIONJI ADDITIONAL SERVICES FEE: ECIS proposes to charge City a foe of seventy Five (75) dollars per hour for additional services such as counciVcommiNee meetings etc .. EDUCATIONAL MATERIALS I DOCUMENTATION: ECIS proposes 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 same Excel database as the Grease lnterceptoril'rap inspections. This information will be located within a separate worlaheet labeled "FSE-NPDES". ECIS proposes 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: Using the estimaled number of 130 FSE 's subject to inspection, the estimated annual cost of the FSE-NPDES lrupection Program witlr011t ret11r11 insDectkH! charge is $ 9,100.00 (130 x $70). Because the level of non-compliance is so difficult to estimate, ECIS estimates that out of 130 FSE 's, half (65), may be found to be non-compliant and subject to return inspection, thus increasing the cost of the estimated yearly program by an additional$ 4,550-(65 X$70). Estimated an11ual cost ofFSE-NPDES Insoectlon Program, with aU return inspection charges as outlined above is$13,650. ($9,100 + $4,550). I~ GCDI'S BI-ANNUAL FSE GREASE CONTROL DEVICE INSPECTIONS INSPECTION FREQUENCY: ECIS proposes to inspect all Grease Control Devices (Gravity Grease Interceptors and Hydro-Mechanical Grease Interceptors) within City sewer service area every six months. 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 manifosts 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) ifnecessary. DATABASE: ECISproposes to gather, maintain, and provide a complete Excel database of all FSE 's which do and/or do not discharge wastewater containing fats, oil or grease (FOG) into the sewer collection system. This database will include, but is not limited to, the following information: 26 DAUPHIN •DANA POINT, CA, 91619 •PHONE/FAX: (949) 481-8826 •EMAIL:jkinley@ecisglobal.com ECIS ENVIRONMENTAL COMPUANCB INSPEC770N SERVICES SOURC/1 CONTROL SoLUTIONS 1. Name-location of establishment. 2 . Property owner, manager, contacts person name(s). and phone number(s). 3. Grease interceptor/trap location, number of inspection points, and volume in gallons. 4. Date of inspection, most recent pumping date, and condition of device . 5 . NON issuance date(s), recheck ckltes, and results as well as any/all relevant information. GCDI FEE: ECIS proposes to charge City at a rate of Seventeen (1 7) dollars per inspection point. An inspection point is defined as any opening into the grease control device, 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 known GCD's within City. Currently, (September 2014) there are approximately 125 FSE 's in the City sewer service area. There are currently 138 inspection points (lids) between 53 Gravity Grease Interceptors and 6 Hydro-Mechanical Grease Interceptors . Inspecting 138 lids on a bi-annual basis will cost $4,692 - (138 X$17 X 2 = $4,692). The last ECIS inspection for City occurred in 20 11,and the above 12 5 FSE 's and 138 inspection points were taken from this 2011 ckltabase, therefore additional FSE 's and Grease Control Devices may have been put in operation. ECIS proposes to include any/all new FSE 's with all the relevant information on the FOG Program database. This will cause the overall annual cost to increase based on the new FSE 's and their Grease Control Devices. ECIS proposes to supply electronically, an updated copy of the Excel database to City within two weeks of the end date of each inspection cycle. ,.. EC1 19,000 {or atJv/a/1 programs. ECIS SER VICE(S) FEE SCHEDULE GCDI inspection per lid fee $17 per lid Annual FSE-NPDES inspection fee per FSE $70 per inspection/per FSE Retum FSE-NPDES inspection fee per FSE $70 per inspection I per FSE Consultation (Board meetings etc .. ) $75 per hour. EXHIBIT B 26 DAUPHIN •DANA POINT , CA, 92629 •PHONE/FAX: (949) 481-8826 •EMAIL:jhnfe}@ecisglobalCIJm ECIS ENVIRONMENTAL COMPLIANCB INSPECTION SERVICES SoURCII CON77IOL Soi.UJJON6 Thank you Mr. Mankawich, please contact me with any questions! Respectfully submitted, ~---;c.-c. ~.,-::..=---;---~ ~ ::.____---··· -~ Jon C. Kinley President ECIS 16 DAUPHIN • DANA. POINT, CA, 91629 • PHONE/FAX: (949) 481-8826 • EMA.IL.Jkbt/ey@eci.Jglobal..com