Loading...
17-0125_ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES_Memo from PW DeptMEMORANDUM January 18 , 2017 TO: FROM: Prepared By: SUBJECT: Ben Siegel, City Manager Steve May, Director of Public Works and Utilities George Alvarez , City Engineer Thomas Toman , Assistant Director of Public Works Hossein Ajideh , Senior Civil Engineer Joe Mankawich , Associate Engineer Amendment to Professional Services Agreement-Fats Oils and Grease and Food Service Establishment NPDES Inspections (EGIS) In July 2015 the City entered into a PSA with EGIS to provide grease interceptor and food service establishment inspections (see attached memo and PSA first page). The PSA provides for a one year term with a two year option . EGIS has performed their services in an exemplary manner and staff is recommending an amendment extending their services for one year . This amendment was previously approved in September. Finance requested that the compensation section of the amendment be added allow for modification to the original Purchase Order on the project. MEMORANDUM TO: Steve Kooyman, Assistant Director of Public Works George Alvarez, City Engineer Cindy Russell, Administrative Services Director Keith Till, Assistant City Manager FROM: Joe Mankawich, Associate Engineer SUBJECT: Personal Services Agreement-FOG Inspection Services July 13, 2015 The City Council, at their April 7, 2009, meeting adopted the City 's first FOG (Fats , Oils and Grease) Ordinance (Ordinance No . 956). FOG discharges have been determined as a significant cause of sewer blockages that result in sewer spills that could ultimately reach local receiving waters and negatively impact water quality. The recently approved ordinance establishes requirements to eliminate FOG from the sewer system . These requirements include provisions for grease control devices in new and remodeled food service facilities, inspection procedures, maintenance schedules and discharge standards. Over the past five years grease interceptors and under sink grease containment units have been installed in many of the Food Service Establishments (FSE 's) in town. The City currently has an incentive program which provides up to $7,500 in assistance to FSE's towards the installation of a grease interceptor unit. Staff will be making an increased effort to use this program to aid the remaining restaurants in gaining compliance . The installation of an interceptor does not guarantee FOG compliance. If not properly maintained the unit will not function properly making it essentially useless. For this reason the city must perform regular inspections of the interceptors. The City's Development Services Department inspectors, had, up until this year , performed this duty. Increased building permit applications and related inspections in town have forced the Building Department to relinquish the program to Public Works . In May the Public Works Department sent out RFP's to three firms for performance of the FOG inspection services. On June 51h the City received three proposals: Firm EGIS EEC Environmental AMEC Cost/Year $19,000 .00 $43,925.00 $59,432.00 The RFP requires inspection of all 125 FSE's in town. 53 of these have grease interceptors and 6 have hydro-mechanical under sink units. The ones without will be issued non-compliance notices and will be inspected for kitchen BMP's to control grease as best as possible until the interceptor is installed. Staff recommends entering into a Personal Services Agreement (attached) with ECIS . The term will be for one year, with a two year option. ECIS has performed work for the City of San Juan Capistrano in the past, and currently provides FOG inspection services to the Cities of Mission Viejo, Dana Point and San Clemente. PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this,)t~~ay of July, 2015, 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 "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to provide Fat's Oils and Grease (FOG) Program Inspections; and 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 pertormed by the 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 all services required hereunder shall be completed, no later than June 30, 2016 . The City will consider extending the agreement for up to two additional one year extensions based upon mutual agreement of the parties . Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $19,000, including all expenses, as set forth in Exhibit "A." attached and incorporated herein by reference. 1 Date: November 15, 2016 I Vendor Name: ECIS I Purchase Order Number: REQUESTFORPURCHASEORDER MODIFICATION (POM) 824395 I Original P.O. Amount: $19,000 I Amount ofPOM: $ $19,000 I New Total: $ 38,000 Please attach backup documentation justifying request. One Year Extension per Amendment No. 1 approved by the City Manager on 8/28/16 DepartmentApproval: ~ Finance Approval: All purchase order modifications must be in conformity with city adopted purchasing guidelines and regulations. Received NOV 1 5 2016 I ill:lill'l al s~·n il'~o'S lkp:ll11lll."IJI I II \ ut '\:til .lu;tn ( 'apiSII'illlll AMENDMENT NO. 1 TO THE FAT'S, OILS AND GREASE (FOG) AND NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) FOOD SERVICE FACILTIY INSPECfiONS BETWEEN THE CITY OF SAN JUAN CAPISTRANO ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES 1. Parties and Date. This Amendment No. 1 to the "Personal Services Agreeme~t For Fats, Oils and Grease (FOG) Inspection Services" is made and entered into as of this W ~hlay of September, 2016, 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 of the Agreement for one year. All services under this amendment shall be completed, no later than June 30, 2017. 2.3 Amendment Authority. This Amendment No. l is authorized pursuant to Section No. 2 of the Agreement 3. Terms. 3.1 Amendment. Section 2 Term of the Agreement is hereby amended in its entirety to read as follows: Section 2. Term. This Agreement shall commence on the effective date 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 I of3 61147.02100\24464451.1 3.3 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.I, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by this AmendmentNo. 1. 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. 1. 3.5 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) Page2 of3 6114 7. 021 00\24464451.1 SIGNATURE PAGE FOR AMENDMENT NO.1 TO TilE FATS, OILS AND GREASE (FOG) AND NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) FOOD SERVICE FACILITY INSPECfiONS BETWEEN THE CITY OF 81\N JUAN CAPISTRANO AND ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES CITY OF SAN JUAN CAPISTRANO Approved By: ~:~ ,J (11(.-City anager /0 'I/--(t Date 61147 02100\29l.S5034.1 ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES Pagel of3