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