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HomeMy WebLinkAbout04 - Grease Interceptor Inspections & Grease BMP InspectionsCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. a January 25, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Utilities Department Terresa Moritz, Management Analyst, 949- 644 -3013 tmoritz @city.newport- beach.ca.us SUBJECT: Professional Services Agreement with Environmental Compliance Inspection Services (ECIS) for Grease Interceptor Inspections and Grease BMP Inspections ISSUE: In conjunction with the continued effort to reduce or eliminate sewage spills caused by grease from commercial entities, should the City hire a private- sector firm (Environmental Compliance Inspection Services) up to a 3 -year term to conduct specialized 'best management practice" (BMP) training /inspections for food service establishments (FSEs) and inspect existing grease control devices? RECOMMENDATION: Approve Professional Services Agreement with ECIS for the contract price of $39,000, up to a 3 -year term, to perform grease control device and BMP inspections and authorize the Mayor and the City Clerk to execute the agreement. DISCUSSION: Background: The California Regional Water Quality Control Board, Santa Ana Region (RWQCB) adopted an order to eliminate Sanitary Sewer Overflows (SSOs) and as part of the order directed each City to come up with approved BMPs to prevent all SSOs. In addition, the County has developed BMPs for reducing discharges to the State water bodies. Based on these two requirements the City has worked with ECIS for the past 18- months to provide basic restaurant and food service establishment - related BMP PSA for Grease CD & BMP Inspections January 25, 2005 Page 2 training and annual inspections at all FSEs. These inspections will assist the City in meeting the RWQCB's desire to eliminate all SSOs. The Utilities Department retained ECIS in early 2002 to do an assessment and inventory of the City's 320 or so FSEs, to develop a database and determine what level of grease devices each FSE had. This information was utilized to develop a program that meets the requirements of the RWQCB's order. In 2004 ECIS inspected 199 FSE's (three times each) to monitor maintenance of the grease control devices. These services need to be provided each year for the City to comply with the RWQCB's Order. Professional services to inspect the 356 FSE's in Newport Beach will include the following items: 199 FSE's will receive 3 annual inspections of grease interceptor or grease trap maintenance; • 356 FSE's will receive 2 annual education, training and inspection visits relating to grease control BMPs, including written notification when an FSE is in non- compliance with City ordinances. ECIS is a Rancho Santa Margarita -based company that specializes in this unusual service. Staff has been very satisfied with the firm's work during 2002 -2004 and ECIS is very familiar with our FSEs, therefore we recommend continuing utilizing this firm for this program. During November of 2004, we met with the Newport Beach Restaurant Association members at a public meeting to discuss the new ordinance and the role of ECIS and their inspections for the City. Mr. Jon Kinley, the principal with ECIS, joined us at the meeting. Subsequent to the meeting, we worked with the restaurateurs to develop revisions to the City's grease control ordinance. The City Council adopted the new FSE FOG Ordinance 12114104 and it became effective 1114105. Environmental Review: No environmental review is required for the professional services associated with this report. Funding Availability: Funding is available in account number 7533- C5600691 (Sewer Enterprise Fund) for the Grease Interceptor Inspections and Grease BMP Inspections and Training in the amount of $39,000 (inspections are based on $17 per BMP inspection twice a year and three annual FSE site inspections at $17 per inspection point, based on the changing number of FSE — currently at 356 but expected to increase to 360). This amount is PSA for Grease CD & BMP Inspections January 25, 2005 Page 3 based on one year of service but includes a provision to extend the contract for two years on a year by year basis. It is anticipated that the Utilities Department will recoup a majority of the fees associated with this agreement from the FSE's, specifically, the Grease Control Device inspection fees and a portion of the BMP inspection fees. These items will come before the Council as part of the Master Fee Resolution later in this fiscal year to collect fees in the new fiscal year 2005 -06. Prepared by: r, Terresa Moritz, Management Analyst Submitted by: Eldon Davidson, Utilities Director Attachments: Professional Services Agreement ECIS Proposal PROFESSIONAL SERVICES AGREEMENT WITH ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES THIS AGREEMENT, entered into this day of January, 2005, by and between the City of Newport Beach , a Municipal Corporation (hereinafter referred to as "City "), and Environmental Compliance Inspection Services (ECIS), whose address is 12 Via Torre, Rancho Santa Margarita, California, 92688, (hereinafter referred to as "Consultant "), is made with reference to the following: RECITALS A. City is a Municipal Corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to implement a City -wide Grease Inspection and Best Management Practices (BMP) Program ( "Project "). C. City desires to engage Consultant to inspect all Food Service Establishments (FSE's) in the City to ascertain compliance with the County wide requirements to eliminate Sanitary Sewer Overflows (SSO's) related to grease and implementing Best Management Practices (BMP's) for the FSE's to follow as outlined in the Scope of Services attached hereto as Exhibit "A" and upon the terms and conditions contained in this Agreement. -1- D. The principal member of Consultant for purpose of this Project is Jon C. Kinley. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to contract with Consultant under the terms and conditions provided in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall be for one year, and shall commence on the 26th day of January, 2005, and shall terminate on the 26th day of January, 2006, with the option of two (2) additional years at the same specifications and fees, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the Scope of Services, attached hereto as Exhibit "A" and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates set forth in Exhibit "A" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for all work -2- performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall be billed at Seventeen Dollars ($17) per inspection point for FSE's with Grease Control Devices (estimated $22,000) and Seventeen Dollars ($17) per FSE for Grease Best Management Practice Program inspections done twice per year (estimated $17,000). The total cost would be dependent on the total number of FSE's at the time of each inspection due to newly added or deleted FSE sites within the City. The total estimated compensation for each year of the contract is Thirty -Nine Thousand Dollars ($39,000). 3.1 Consultant shall maintain accounting records of its billings which include the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses, including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly progress invoices describing the work performed during the preceding month, to City payable by City within thirty (30) days of receipt of invoice, subject to the approval of City. Consultant shall state on the invoices that Consultant has performed the services in full conformance with this Agreement and is entitled to receive payment. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. "Extra work" shall mean any work that is determined by the City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Any -3- authorized compensation for Extra Work shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "A ". 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance by City. Such costs shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultant for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 3.5 Notwithstanding any other paragraph or provision of this Agreement, beginning on the effective date of this Agreement, City may withhold payment of ten percent (10 %) of each approved payment as approved retention until all services under this Agreement have been substantially completed. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with community professional standards. ME All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. If Consultant is performing inspection or construction management services for the City, the assigned staff shall be equipped with a Nextel Plus type cellular /direct connect unit to communicate with City Staff; consultant's Nextel Direct Connect I.D. Number will be provided to City to be programmed into City Nextel units, and vice versa. Consultant further represents that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, failure of City to furnish timely information or to promptly approve or disapprove Consultant's work, delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents to be the agents or employees of City. Consultant shall have the responsibility for and control over the details and means of performing the work provided that Consultant is in compliance -5- with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant on Project. 7. PROJECT MANAGER Consultant shall assign Project to a Project Manager, who shall coordinate all phases of Project. This Project Manager shall be available to City at all reasonable times during term of Project. Consultant has designated Jon C. Kinley to be its Project Manager. Consultant shall not bill any personnel to Project other than Mr. Kinley, whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. 0 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and Consultant shall perform the services to completion in a diligent and timely manner. The failure by Consultant to do so strictly adhere to the schedule may result in termination of this Agreement by City and assessment of damages against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays, which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 8.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition, which purportedly causes a delay, but not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances by telephone, fax, hand delivery or mail. 9. CITY POLICY Consultant shall discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that Project proceeds in a manner consistent with City goals and policies. Sa 10. CONFORMANCE TO APPLICABLE LAW REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the sole negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement 10 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except for workers compensation and errors and omissions insurance, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured's for all liability arising from Consultant's services as described herein. All insurance policies shall be issued by an insurance company currently authorized by the Insurance commissioner to transact the business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial size Category Class VII (or larger) in accordance with the latest edition of Bests Key Rating guide: unless otherwise approved by the City Risk Manager. The following policies are required: A. Worker's compensation insurance, including a "Waiver of Subrogation" clause, covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance original certificate and endorsement (which includes additional insured and primary and non 52 contributory wording), covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance, including additional insured wording, covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing workers compensation, comprehensive general, and automotive liability insurance to either Consultant or City with respect to the services of Consultant -10- herein, a waiver of any right of subrogation, which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint-venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from -11- Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless City authorizes the release of information. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. City staff will provide usable life of facilities criteria and provide information with regards to deficient facilities. -12- 18. ADMINISTRATION The Utilities Department will administer this Agreement. Terresa Moritz shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly -13- withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 23. CONFLICTS OF INTEREST A. Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. MEN 24. SUBCONSULTANT AND ASSIGNMENT AND SUBCONTRACTING Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. -15- All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach Terresa Moritz, Utilities Department 3300 Newport Boulevard Newport Beach, CA, 92658 -8915 Phone: (949) 644 -3011 Fax: (949) 646 -5204 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: ECIS Jon C. Kinley 12 Via Torre Rancho Santa Margarita, CA 92688 Phone /Fax: (949) 888 -6536 26. TERMINATION In the event either party hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as -16- provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 30. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services attached hereto, the terms of this Agreement shall govern. 31. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and INIFA employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: CITY OF NEWPORT BEACH A Municipal Corporation City Attorney ATTEST: CONSULTANT By: By: City Clerk Jon C. Kinley ECIS Attachments: Exhibit A — Scope of Services an f ✓ ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES SOURCE CONTROL SOLUTIONS Date: 1 -5 -05 To: Terresa Moritz / Management Assistant / City of Newport Beach Re: ECIS Source Control Inspections Program/Grease BMP Inspections Program Proposal for City of Newport Beach Dear Terresa: Per our recent discussion, here is the revised proposal, (Original Proposal date 8- 20 -04) for ECIS to implement a Source Control Program for the City of Newport Beach (CNB). This proposal reflects estimated pricing for a proposed 2 -year contract for GCDI's only. ➢ GCDI'S: GREASE CONTROL DEVICE INSPECTIONS INSPECTION FREQUENCY. • ECIS proposes to inspect all Grease Interceptors and Grease Traps within CNB sewer service area every 4 months, as is currently in place. (E- 5500081) INSPECTIONS. 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 manifests and or receipts- record on database. 4. Obtain pH sample and record results, (Grease Interceptors only). 5. Inform customer of all results and/or actions. 6. Issuance and follow up of notice of non - compliance (NON) if necessary. DATABASE: ECIS proposes 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: 1. Name - location of establishment. 12 VIA TORRE • RANCHO SANTA MARGARITA CA. 92688 • PHONFITAX: (949) 888-6536-EAfAIL.jkiile)@ecisgiobal.com ECIS 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 interceptor /trap. 5. Waste hauler names, addresses, and phone numbers. 6. NON - issuance date(s), recheck dates, and results as well as any /all relevant information. RECORDS: ECIS proposes to keep all written records and all computer files /discs for a minimum of 3 years. All records will be made available to CNB at all times, and will be turned over to CNB after the 3 year period. ECIS proposes to supply electronically, an updated copy of the Excel database to CNB within two weeks of the end date of each inspection run. EDUCATIONAL MATERIALS I DOCUMENTATION: ECIS proposes to provide all dischargers and/or contractors, with all relevant documents pertaining to CNB sewer ordinance requirements, SWPPP's or other city Water Quality Programs. These documents shall be drafted, approved, and supplied by CNB. All pictures,video,paperwork, etc., shall be made available to CNB at all times. NOTIFICATION PROCEDURE: ECIS proposes to notify all dischargers found to be in non - compliance, or subject to notice of violation, as well as how to re- obtain compliance and within what time frame. ECIS does not provide any form of legal enforcement or take part in any form of city enforcement action(s), unless specifically authorized by CNB to do so. All legal enforcement and actions taken against any discharger by CNB after notice of non - compliance procedures have been fulfilled by ECIS will be the sole responsibility of CNB. ECIS proposes to cooperate in full with CNB in all matters regarding possible enforcement action(s) and other general matters regarding CNB Water Quality and/or sewer ordinance requirements. CONSULTING FEES: ECIS proposes to charge Seventy -Five (75) dollars per hour for all consultation (eg. City Council meetings, etc.). PLAN CHECK FEE: ECIS proposes to charge Seventy -Five dollars (75) for all plan check jobs. GCDI FEE: ECIS proposes to charge CNB at a rate of Seventeen (17) dollars per inspection point. An inspection point is defined as any opening into the grease interceptor or grease trap, designed for providing access to or obtaining a sample(s). 12 VIA TORRE • RANCHO SANTA MARGARITA CA, 92688 • PHONEIFAX., (949) 888— 6536• EbfAIL.jk/nlef rPecisglobnl.com ECIS PROGRAM COST ESTIMATION. Using the current number of 356 FSE's and 389 Inspection Points (figures from May 2004 database), ECIS estimates the total cost for a term of 2 years, will be approx. $ 39,678. 389 lids X $17 = $ 6,613. Inspecting every 4 months = 6 inspection runs in 2 years. 6 X $ 6,613 = $ 39,678. Naturally, this amount may increase /decrease as new FSE's are added or subtracted. INSPECTION FREQUENCY. • ECIS proposes to inspect all FSE's twice annually, every 6 months. INSPECTIONS. O.P.: ECIS proposes to perform the following minimum at all inspections: ECIS proposes to inspect all Food Service Establishments (FSE's), within CNB sewer service area to monitor compliance or non - compliance with the Cities Grease BMP Inspection Program. ECIS proposes to inspect all FSE's designated as grease producing at a rate of seventeen (17) dollars per. There are approximately 65 FSE's that will not be subject to the GBMP Inspection Program. On the database, there are 74 FSE's in the red column -these are classified as FSE's that have negligible to zero grease output during normal business procedures,( ie, Coffee Shops -small bakerys- Sandwich shops/Delis). Of the 74, the 9 identified as subject to the GBMP Program consist of Pizza shops and Donut shops, therefore in the opinion of ECIS, they should be subject to the program due to there being some grease output from normal business operations. ECIS proposes to inspect for the following at these inspections: (1) Removal of Garbage Grinder (2) Inspect Grease Collection Maintenance logs, Exhaust Hood Maintenance logs and Employee Training logs (3) Inspect for installation and maintenance of all Drain Screens (4) Inspect to ensure Food Waste BMP's are followed (5) Inspect to ensure Dry Wiping BMP is followed (6) Inspect for Emergency Spill Materials or Spill Response Kit (7) Inspect to ensure Grease BMP poster(s) are located in approved areas. ECIS proposes to inform and give written notification of all instances of Non - Compliance to all affected FSE's, as well as how to obtain compliance, as described in the Grease Control Best Management Practices Inspection Report. ECIS proposes to distribute all materials pertaining to the Grease BMP Program to all affected FSE's. ECIS proposes to charge CNB a fee of seventeen (17) dollars for all return inspections due to non - compliance ECIS proposes to notify CNB of all FSE's in non - compliance with the Grease BMP Inspection Program. 12 VIA TORRE • RANCHO SANTA MARGARITA G, 92688 • PHONEIFAX: (949) 888-6536-EAIAIL.jkinley@ecisgiobal.com Aft ECIS There are as of January 2005, 300 establishments that would be subject to the GBMP Program Inspections. Estimated yearly cost of GBMP Program Inspections is $ 14,450. (300 X $17, X 2 + 250 rechecks @ $17 per- or $10,200 + $ 4,250) ➢ TOTAL ESTIMATED COST FOR BOTH INSPECTION PROGRAMS: ECIS estimates the total cost to implement the Grease Control Device Inspections Program (GCDI's) and the Grease Best Management Practices Inspection Program (GBMP's) to be $ 54,128. This price reflects running the GCDI's for 2 years as mentioned above in the proposal. 2 years of GCDI's ($39,678) + 1 year of bi- annual GBMP's ($14,450) Thank you Terresa for you and your staff's assistance this past year of running the inspection program, it has been ECIS's pleasure in assisting the City of Newport Beach in reaching it's goal of a safer and cleaner water environment. If you have any questions regarding the program or this proposal, please do not hesitate to contact me! Respectfully submitted, Jon C. Kinley President ECIS 12 VIA TORRE • RANCHO SANTA MARGARITA CA. 92688 • PHONEITAX: (949) 888— 6536-EMAIL.jkinley@ecisglobal.com