HomeMy WebLinkAbout11 - Grease Control Inspection ServicesCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 11
January 25, 2011
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Municipal Operations Department
Mark Harmon, Director,
(949) 644 -3055, mharmon @newportbeachca.gov
SUBJECT: Professional Services Agreement with Jon C. Kinley DBA
Environmental Compliance Inspection Services for Grease Control
Device Inspection Program, Grease Control Device Plan Review
Services and Post Sanitary Sewer Overflow Inspections
ISSUE:
Staff is requesting approval of an agreement with Jon C. Kinley doing business as
Environmental Compliance Inspection Services of Dana Point ( "ECIS ") to provide
grease control device program services.
RECOMMENDATION:
Approve an agreement with :ECIS for grease control device inspection program, plan
review services and post sanitary sewer overflow inspection services for one (1) year
with an.option of two (2) one -year extensions.
DISCUSSION:
Background:
The State Water Quality Control Board (Board) adopted a state -wide order to reduce
Sanitary Sewer Overflows (SSOs) and as part of the order directed each City to come
up with approved Best Management Practices ( "BMPs ") to prevent all SSOs. Based on
this requirement the City has worked with -_ECIS (who currently works with other
municipalities and Sewer Agencies) to provide basic restaurant and food .service
establishment- related quarterly inspections and. BMP training at all Food Service
Establishments ( "FSEs °). These inspections will assist the City in meeting the State of
California requirements and the Board's desire to eliminate SSOs.
PSA for Grease Control Device Program
January 25, 2011
Page 2
The Municipal Operations Department conducted a competitive RFQ process with firms
known to provide these types of services. After proposal review and panel meetings
with the responsive firms, staff recommends retention of ECIS. The agreement will
allow ECIS to provide professional services to the roughly 380 food service
establishments in the city which will include the following items:
• 4x annual inspections of grease control device maintenance; and
• 1x annual education, training and inspection relating to grease control BMPs
• As needed plan review and post SSO inspections
Environmental Review:
Staff recommends the City Council finds that taking action to the recommendations in
this report is not subject to the California Environmental Quality Act ( "CEQA ") pursuant
to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment) and 15060(c)(3) (the activity is not a
project as defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical
change to the environment, directly or indirectly.
Public Notice:
This agenda item has been noticed according to the Ralph M. Brown Act (72 hours in
advance of the public meeting at which the City Council considers the item).
Funding Availability:
Funding is available in account number 5600 -8159 (Grease Control Device Inspections)
for the inspections and BMP program in the amount of $39,650.
Alternatives:
The alternative would be for the City to have staff do the inspections and training, which
would require staff training or do nothing and be in violation of the State General Waste
Discharge Requirements.
Attachments: Professional Services Agreement
ECIS Proposal
Municipal Operations Director
PROFESSIONAL SERVICES AGREEMENT WITH
ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES
FOR GREASE CONTROL DEVICE INSPECTION PROGRAM,
GREASE CONTROL DEVICE PLAN REVIEW SERVICES AND
POST SANITARY SEWER OVERFLOW INSPECTIONS
THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement ") is made
and entered into as of this day of , 2011, by and between the CITY
OF NEWPORT BEACH, a California Municipal Corporation ( "City"), and Jon C. Kinley,
doing business as (DBA) Environmental Compliance Inspection Services (ECIS), asole
proprietor ( "Consultant'), whose address is 26 Dauphin, Dana Point, California 92629
and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
ofthe 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 continue its Fats, Oils and Grease ( "FOG') Source Control
Program including Quarterly Grease Control Device Inspections, Grease Control
Device Review. Check Services and Post Sanitary Sewer Overflow Inspections
as required by the State General Waste Discharge Requirements (GWDR).
C. City desires to engage Consultant to provide FOG Inspections, plan review
services and post SSO Inspections per the GWDR ( "Project').
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project, shall be Jon C.
Kinley.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The initial term of this Agreement shall extend to January 30, 2012, with the option to
automatically extend the term of the Agreement for two (2) additional one (1) year terms
to automatically commence upon the expiration of the initial term or any extended term,
unless City notifies Consultant in writing at least 30 days before the end of the initial
lean or any extended term of the City's intent to terminate the agreement with or without
cause.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of Services
attached hereto as Exhibit A and incorporated herein by reference ( "Work" or
"Services "). The City may elect to delete certain tasks of the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of Services under this Agreement and the
Services shall be performed to completion in a diligent and timely manner. The failure
by Consultant to perform the Services in a diligent and timely manner may result in
termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays due to
causes beyond Consultant's reasonable control. However, in the case of any such
delay in the Services to be provided for the Project, each party hereby agrees to provide
notice to the other party so that all delays can be addressed.
3.1 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 that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable
time extensions for unforeseeable delays that are beyond Consultant's
control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the Services on a time and expense not -to- exceed basis in
accordance with the provisions. of this Section and the Schedule of Billing Rates
attached hereto as Exhibit A and incorporated herein by reference. Consultants
compensation for all Work performed in accordance with this Agreement, including all
reimbursable.. items and subconsultant fees, shall not exceed. thirty -Nine Thousand
SIX Hundred and Fifty Dollars and no /100 ($39,650.00) per year without prior written
authorization from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City:
4.1 Consultant shall submit invoices to City describing the Work performed the
preceding period. Consultant's bills shall include the name of the person
Who performed. the Work, a brief description of the Services performed
and /or the - specific task in the Scope. of Services to which it relates, the
date the Services were performed, the number of hours spent on all Work ;
billed on an hourly basis, and a description of any reimbursable
expenditures. City shall pay, Consultant no later than thirty (30) days after
approval of the monthly invoice by City staff.
'ECIS Professional Services Agreement Page 2
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Consultant:
.A. 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.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any Work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit A.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of the
Project. This Project Manager shall be available to City at all reasonable times during
the Agreement term. Consultant has designated Jon C. Kinley to be its Project
Manager. Consultant shall not remove or reassign the Project Manager or any
personnel. listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its .
personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Municipal Operations Department. Ed
Burt or his designee, shall be the Project Administrator and shall have the authority to
act for City under this Agreement. The Project Administrator or his authorized
representative shall represent City in all matters pertaining to the Services to be
rendered pursuant to this Agreement.
7. CITX'S.RESPONSIBILITIES
In order ' to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A, Provide
access
to, and upon
request
of Consultant,
one copy
of all.
existing
relevant,
information on'.file
at
City. City will
provide all
such
Agreement
s
3
materials in a timely manner so as not to cause delays in Consultant's
Work schedule.
B. Provide blueprinting and other Services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
8. STANDARD OF CARE
8.1 All of the Services shall be perfomied 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. All Services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City. By
delivery of completed Work, Consultant certifies that the Work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is legally required of Consultant to practice its
profession. Consultant shall maintain a City of Newport Beach business
license during the term of this Agreement.
8.3 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, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
Work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and hold
harmless City, its City Council, boards and commissions, officers, agents, volunteers,
and employees (collectively, the "Indemnified Parties ") from and against any and all
claims including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and.expenses (including, without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
(ind10%dually, a. Claim; collectively, "Claims "), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including;
witbput tirrrite'tinn, defects in workmanship or materials or Consultant's presence or.
activities conducted on the Project (including the negligent and /or willful acts, errors
ECIS'Professional Services Agreement Page 4
and /or omissions of Consultant, its principals, officers, agents, employees, vendors,
suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any
of them or for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require Consultant
to indemnify the Indemnified Parties from any Claim arising from the sole negligence or
willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be
construed as authorizing any award of attorney's fees in any action on or to enforce the
terms of this Agreement. This indemnity shall apply to all claims and liability regardless
of whether any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis and
Consultant is not an agent. or 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 means of performing the Work, provided that
Consultant is in compliance with the terms of this Agreement. Anything in this
Agreement that may appear to give City the right to direct Consultant as to the details of
the performance 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..
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the Work
to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss'and review all matters relating to policy and Project direction with
City's Project Administrator in advance of all critical decision points in order to ensure the
Project proceeds in a.manner consistent with City goals and policies.
13. PROGRESS.
Consultant is responsible for ,keeping the Project Administrator and /or his/her duly
authorized designee informed on ,a regular basis regarding the status and progress of the
Project,, activities performed and planned, and any meetings that have been scheduled or
.are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement of
Work, Consultant shall obtain, provide and maintain at its own expense during the term
S Professional Services Agreement Page 5'
of this Agreement, policies of insurance of the type and amounts described below and in
a form satisfactory to City.
A. Proof of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
Consultant shall procure and maintain for the duration of the contract
insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the Work
hereunder by Consultant, his agents; representatives, employees or
subconsultants. The cost of such insurance shall be included in
Consultant's bid.
B. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact 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
Best's Key Rating Guide, unless otherwise approved by the City's Risk
i
Manager.
C. Coverage Requirements.
Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance (Statutory Limits) and
Employer's Liability Insurance (with limits of at least one million
dollars ($1,000,000)) for Consultant's employees in accordance
with the laws of the State of California, Section 3700 of the Labor
Code In addition, Consultant shall require each subconsultant to
similarly maintain Workers' " Compensation Insurance and
Employer's Liability Insurance, in accordance with the laws of the
State of California, . Section 3700 for all of the subconsultant's
employees.
Any notice of cancellation or,. non - renewal of all Workers'
Compensation policies must be received by City at least thirty (30)
calendar days (ten: (10) calendar days written notice of non -
payment of premium) prior to such change.
Consultant shall submit to City, along With the certificate of
insurance, a Waiver of Subrogation endorsement 'in -favor of City, its
officers, agents, employees and volunteem.
I Services Agreement Page 6
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation; blanket
contractual liability.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
Work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each accident.
iv. Professional Liability (Errors & Omissions) Coverage. Consultant
shall maintain professional liability insurance that covers the
Services to be performed in connection with this Agreement, in the
minimum amount of one million dollars ($1,000,000) limit per claim
and in the aggregate.
D. Other Insurance Provisions or Requirements.
The policies are to contain, or be endorsed to contain, the following provisions:
v!Sv
I. Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive
subrogation against City, its elected or appointed officers, agents,
officials, employees and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a
loss. Consultant hereby waives its own right of recovery against
City, and shall require similar written express waivers and
insurance clauses from each of its subconsultants.
Enforcement of Contract Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of the City to
inform Consultant of non - compliance with any requirement imposes
no additional. obligations on the City nor does it waive any rights
hereunder.
iii. Reduirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a
limitation on coverage, limits or other requirements,. or waiver of
any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification
only as if pertains to a given issue and is not intended by any party
or insured to be all inclusive, or to the exclusion of other coverage,
or a waiver of any type.
Agreement
Page 7
iv. Notice of Cancellation. Consultant agrees to oblige its insurance
agent or broker and insurers to provide to City with thirty (30) days
notice of cancellation (except for nonpayment for which ten (10)
days notice is required) or nonrenewal of coverage for each
required coverage.
E. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Agreement.
F. Additional Insurance. 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.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be provided
under this Agreement shall not be assigned, transferred contracted or subcontracted out
without the prior written approval of City. Any of the following shall be construed as an
assignment: 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 cotenant if Consultant is a partnership or joint -
venture or syndicate or cotenancy, which shall result in changing the control of
Consultant. 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.
16. SUBCONTRACTING
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 City. Consultant shall
not subcontract any portion of the Work to be performed under this Agreement without the
prior written authorization of City:
17. OWNERSHIP OF DOCUMENTS
Each and every draft, map, record; plan, document and other writing produced
(hereinafter "Documents "), prepared or caused to be prepared by Consultant, its
officers, employees, agents and subcontractors, in the course of implementing this
Agreement; shall become the exclusive property of City, and City shall have the sole
right to use such. materials in its discretion without further compensation to Consultant
or any other,.party. Consultant shall, at Consultant's expense, provide such Documents
to City upon prior written request.
Document's, 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
ECIS Professional Services Agreement Page 8
any use of incomplete Documents without specific written authorization from 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 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.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and communications
that result from the Services in this Agreement, shall be kept confidential unless City
authorizes in writing the release of information.
19.. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers, representatives and
employees against any and all 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.
20. 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 and any Services, expenditures and
disbursements charged to City, for a minimum period of three (3) years, or for any
longer period required by law, from the date of final payment to Consultant under this
Agreement. All such records and invoices shall be clearly identifiable. Consultant shall
allow a representative of City to examine, audit and make transcripts or copies. of such
records and invoices during regular business hours. 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 to Consultant under this
Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant 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 /her designee with respect to such
disputed sums. Consultant shall be entitled to receive interest on any withheld sums at
the rate of return that City earned on its investments during the time period, from the
date of withholding of any amounts found to have been improperly withheld.
22. 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
ECIS Professional Services Agreement Page 9
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and /or restoration expense shall be
borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the
law or any other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. CONFLICTS OF INTEREST
The 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 any
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.
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 immediate 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.
25. NOTICES
All notices, demands, requests or approvals to be given under the terms of 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. All notices, demands,
requests or approvals from Consultant to City shall be addressed to City at:
Attn: Ed Burt, Utilities Operations Manager
Municipal Operations Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658
Phone: 949/718 73432
Fax: 949/646 -5204
All notices, demands, requests or approvals from CITY to Consultant shall be addressed
to Consultant at:
Attention: Jon Knley
€CIS
26 Dauphin
Dana Point, CA 92629
Phone: 949/279 -6578
Fax: 949/481 -8826
IS Professional Services Agreement
26. CLAIMS
The Consultant and the City expressly agree that in addition to any claims filing
requirements set forth in the Contract and Contract documents, the Consultant shall be
required to file any claim the Consultant may have against the City in strict conformance
with the Tort Claims Act (Government Code sections 900 et seg.).
27. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of this
Agreement at the time and in the manner required, 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) calendar days, or if more than two (2) calendar days are reasonably required to cure
the default and the defaulting party fails to give adequate assurance of due performance
Within two (2) calendar days after receipt of written notice of default, specifying the
nature of such default and the steps necessary to cure such default, and thereafter
diligently take steps to cure the default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole discretion and
without cause, of terminating this Agreement at any time by giving seven (7) calendar
days prior written notice to Consultant. In the event of termination under this Section,
City shall pay Consultant for Services satisfactorily performed and costs incurred up to
the effective date of termination for which Consultant has not been previously paid. On
the effective date of termination, Consultant shall deliver to City all reports, Documents
and other information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
28. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes, ordinances,
regulations and requirements of all governmental entities, including federal, state, county
or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared
by Consultant shall conform to applicable City, county, state and federal laws, rules,
regulations and permit requirements and be subject to approval of the Project
Administrator and City.
29. 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.
36. INTEGRATED CONTRACT
Agreement represents the full and complete understanding of every kind or nature
soever between the parties hereto, and all preliminary negotiations and agreements
Agreement.
Paoe 11
of whatsoever kind or nature are merged herein. No verbal agreement or implied
covenant shall be held to vary the provisions herein.
31. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement and the
Scope of Services or any other attachments attached hereto, the terms of this
Agreement shall govern.
32. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the
authorship of the Agreement or any other rule of construction which might otherwise
apply.
33. AMENDMENTS
This Agreement may be modified or amended only by a written document executed by
both Consultant and City and approved as to form by the City Attorney.
34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal; or otherwise
unenforceable by' a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters relating
to it and any action brought relating to this Agreement shall be adjudicated in a court of
:competent jurisdiction. in the County. of Orange.
36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate. against any subcontractor, employee or applicant for employment because
of race, religion, color, national origin, handicap, ancestry, sex or age.
Page 12
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,
OFFICE OF THE CITY ATTORNEY
A California municipal corporation
o
Leonie Mulvihill
Michael F. Henn
Assistant City Attorney
Mayor
ATTEST:
CONSULTANT: Jon C. Kinley,
DBA: Environmental Compliance
Inspection Services, a sole proprietor
By:
Leilani I. Brown
City Clerk
By
Jon C. Kinley
Owner
EXHIBITW
ECIS
ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES
SOURCE CONTROL SOLUTIONS
Date: 10 -11 -10
To: Terresa Moritz /Administrative Analyst /City of Newport Beach
Re: ECIS Source Control Inspections Program Proposal for City of Newport Beach
Dear Terresa:
Per our recent discussion, here is the proposal for ECIS to implement a Source Control Program for the City
of Newport Beach (CNB). The program will consist of Grease Control Device Inspections (GCDI's) every
three months, a fee for FSE Grease Control Device Installation Plan Check and a fee for special inspections
such as Post Sanitary Sewer Over,/low (SSO) inspections.
N. ➢ GCOPS: GREASE CONTROL DEVICE INSPECTIONS. 11
INSPECTION FREQUENCY. ECIS proposes to inspect all Grease Interceptors and Grease Traps
within CNB sewer service area every 3 months, as Js currently in place.
INSPECTIONS.O.PR :. ECIS proposes to perform the following minimum at all inspections:
1. Contact FSE Owner /Manager.
2. Determine capacity and condition ofgrease interceptor /trap and record results.
.'3: . Observe recentpumping manifests and or receipts- record on database.
A.,, In customer of all results and/or actions.
5. . Issuance and follow up of notice of non - compliance (NON) if necessary.
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:
1. Name- location of establishment.
26 DAUPHIN - DANAPOINTCA, 92629 -PRONE. ( 949) 279- 6578 - 6536 • EMA1L.edS@C=Wt -
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: ECISproposes 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.
ECISproposes 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 /DOCUMENTATION.• ECISproposes to provide all dischargers and/or
contractors, with all relevant documents pertaining to CNB sewer ordinance /FOG Program requirements. These
documents shall be drafted, approved, and supplied by CNB. All pictures , video, paperwork, etc., shall be made
available to CNB at all times.
NOTIFICATIONPROCEDURE: ECISproposes to notes 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. ECISproposes
to cooperate in full with CNB in all matters regardingpossible enforcement action(s) and other general matters
regarding CNB Water Quality and/or sewer ordinance requirements.
CONSULTING FEES. ECISproposes to charge Seventy-Five (75) dollars per hour for all consultation:
POST SSO /SPECIAL INSPECTIONS. ECISproposes to charge One Hundred (100) dollars for all Post:
SSO inspections made on beha f of the City. This inspection will be made only at the request of the City and shall
be performed in the same manner as previous Post SSOinspections. .
GCDI FEE: ECISproposes to charge CNB at a rate of Twenty (20) 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).
PROGRAM 'COST ESTIMATION.• Using the current. number of 387 FSE's and 475 Inspection Points`
figures from Sept MO database), ECISestimates the total costfgr 4 annual GCDI's will be;approx.
$38,000075 lids x $20per lid x 4).1Yaturally,, this amount may increase /decrease as new FSE's are'added or
subtracted.
ECIS
➢ FSE- GREASE CONTROL DEVICE INSTALLATIONPLAN CHECK
ECISproposes to perform plan review on all submittals pertaining to FSE's. Plan check services will be offered
on all new construction, existing FSE remodels, tenant improvements or FSE transfers of ownership. A11 plan
submittals shall be required to comply with the existing CNB Building Division Plan Submittal Requirements.
ECISproposes to perform all plan review duties outside of the Building Department and CNB. ECIS staff can
be available for a plan check meeting at the Building Department counter if the need arises. All other plan
reviews will be performed at ECIS offices. ECIS will provide all ECIS contact information to staff at City
Building Department in order for staff to inform applicants, (see attached letter).
ECIS will correspond directly with FSE owner(s), architecalengineers or other staff submittingplans.
ECISproposes to inform applicant of all revisions required by noting corrections directly on submitted plan
sheets. ECISproposes to send an approved set of plans to CNB Building Department either in person or by next
day carrier.
ECISproposes to stamp all approved plan sheets with an ECIS `Approved" stamp. ECIS will stamp all
unapproved plans with a "Not Approved" stamp.
ECISproposes to offer on -site consultations at all FSE sites that may require afield visit with interested parties
to discuss installation requirements of Grease Control Devices. ECISproposes to charge the CNB a fee of $175
dollars per site visit.
ECISproposes to require all submittals to have .the following basic minimum requirements.
1. All plans submitted by a registered/licensed architect/ engineer in the State of California, with
Stamp.
2. Two sets of minimum 24x36 plans
3. Site plan with FSE name, address, street name(s), North arrow, and show existing underground
Utilities
4. Plumbing plan ("P" sheet(s)) with Grease Waste ltne(s) marked "GW", and Sanitary Waste
Lines marked "S»
5. Plumbing vent and waste diagram including isometric.
6 Floor Plan with Kitchen equipment schedule-specifying which fixtures will drain to Grease
Control Device:
7. City approved Grease Interceptor specification drawing copied onto submittal.
- X 26 DAUPHIN • DANA POINTCA, 92629 • PHONE.•- -(949) 279. 6578 - 6336 • EA€AIL:eczs&mmt
l"
8. Grease Interceptor /Grease Trap Manufacturer, size, make; GPM/flow rate, model number
and proposed location of Grease Control Device shown on site plan or floor plan.
9. Uniform Plumbing Code sizing formula included on submittal showing sizing calculations
(All Grease Interceptor installations shall require a minimum sized 750 gallon Grease Interceptor,
maximum size is 2500 gallons).
ECIS proposes to charge the CNB a per plan check fee of $225. This price includes all revisions necessary.
ECIS proposes to include the CNB Building Department plan /project number on all invoices as well as
FSE name and address.
ECIS will not plan check any plans that do not have the City or Building Department Plan/Project number
clearly shown on plans .
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ECIS estimates the total annual cost to CNB to implement the GCDI Program, the FSE Grease Control Device
Installation Plan Check Program and the Post SSO Inspections Program to be approximately $38,000. This price
does not include Post SSO inspections or Plan Check due to the unknown frequency of these inspections.
ECIS recommends adding an additional $1,650 to account for an anticipated 3 annual Post SSO
inspections at $100 per ($300),. and 6 FSE -Plan Checks at $225 per ($1,350).
Accountingfor these additional inspections ECIS estimates the total annual amount for every 3
month GCDI's, Plan Check and Post SSO inspections program to be $39,650.
It is ECIS's pleasure assisting the City.of Newport Beach in reaching it's goal of safe and clean water
environment. If you have any questions regarding the program or this proposal, please do not hesitate to contact
me.
Respectfully submitted,
Jon C: Kinlev