HomeMy WebLinkAboutEnvironmental Compliance Inspection Service / ECIS; 2007-07-19;RATIFICATION OF AMENDMENT NO. 1 TO EXTEND AND AMEND
AGREEMENT
FOR FATS, OILS AND GREASE (FOG) INSPECTION AND BEST
MANAGEMENT PRACTICES PROGRAM DEVELOPMENT SERVICES
(Jon C. Kinley d.b.a. Environmental Compliance Inspection Services (ECIS))
"*"his Ratification of Amendment No. 1 is entered into as of the
day of M^rtVK JYYV Q >^ _ , 200_£_, but
effective as of the 19th day of July . 2008, extending and amending the
agreement dated July 19. 2007 (the "Agreement") by and between the City of Carlsbad, a
municipal corporation, ("City"), and Jon C. Kinley d.b.a Environmental Compliance Inspection
Services (ECIS), ("Contractor") (collectively, the "Parties").
RECITALS
A. The Agreement, as amended from time to time expired on July 19. 2008
and Contractor continued to work on the services specified therein without the benefit of
an agreement.
B. The Parties desire to alter the scope of work of the Agreement to increase the
inspection services and adjust the fee schedule.
C. The Parties desire to extend the Agreement for a period of one year from the
date first above written."
D. The Parties have negotiated and agreed to a supplemental scope of work and
fee schedule, which is attached to and incorporated in by this reference as Exhibits "A", Scope
of Services and Fee.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1 . The retroactive extension and amendment of the Agreement is ratified.
2. In addition to those services contained in the Agreement, as may have been
amended from time to time, Contractor will provide those services described in Exhibit "B".
3. City will pay Contractor for all work associated with those services described in
Exhibit "A" on a time and materials basis not-to-exceed Twenty-Five Thousand dollars
($25,000.00).
4. Contractor will complete all work described in Exhibit "A" by July 19, 2009.
5. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
6. All requisite insurance policies to be maintained by the Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
City Attorney Approved Version #05.22.. 01
7. The individuals executing this Amendment and the instruments referenced in it
on behalf of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this amendment.
CONTRACTOR: Jon C. Kinley d.b.a
Environmental Compliance Inspection
Services (ECIS)
ign here)
C
(print name/title)
IAJic\i P_ £<^
(e-mail address)
*By:
(sign here)
(print name/title)
CITY OF / CARLSBAD, a municipal
corporation/of the State of Cajjfornie
LORRAINE M. WOOD
City Clerk
(e-mail address)
If required by City, proper notarial acknowledgment of execution by contractor must be attached, jf
a Corporation. Agreement must be signed by one corporate officer from each of the following two
groups.
*Group A.
Chairman,
President, or
Vice-President
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
City Attorney Approved Version #05.22..01
EXHIBIT "A"
SCOPE OF SERVICES AND FEE
A. Contractor will provide FOG Program Inspection services and database
development as outlined in their proposal submitted and incorporated herein as
part of this contract, identified as Exhibit "B."
B. Total fees for these services shall not exceed Twenty-Five Thousand dollars
($25,000) to be invoiced by contractor to the City on a monthly basis, based on actual work
performed.
B.1 Contractor will inspect grease control devices (GCD), as directed
by the City, at a cost of $20.00 per GCD inspection point. Inspections may be conducted
up to four times per fiscal year (July 1st through June 30th). Inspections may be decreased
or increased depending on inspection results.
B.2 Contractor will provide plan check services, including original and
revised plan submittals at a cost of $175.00.
C. City reserves the right to inspect and approve all work performed prior to
issuing payment for said work.
City Attorney Approved Version #05.22..01
Exhibit "B"
Date: 9-15-08
To: Jim Gussman / Collections Supervisor / City of Carlsbad
From: Jon C. Kinley /President / ECIS
Re: City of Carlsbad FOG Program Proposal
Mr. Gussman;
ECIS is pleased to present the following proposal for the City of Carlsbad ("City") FOG
Program. This program will consist of four annual Grease Control Device Inspections
(GCDI's), and will include a Fee Schedule for FSE Site Evaluation Inspections and FSE Plan
Check.
| > GCDI'S GREASE CONTROL DEVICE INSPECTIONS
INSPECTION FREQUENCY: ECIS proposes to inspect all Grease Interceptors and Grease
Traps within City sewer service area every 4 months.
INSPECTION S.O.P. /SCOPE OF WORK: 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. Inform customer of all results and/or actions, (see Attachment 2)
5. 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.
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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 City at all times.
EDUCA TIONAL MA TERIALS /DOCUMENTA TION: ECIS proposes to provide all
dischargers and/or contractors, with all relevant documents pertaining to City sewer ordinance
requirements. These documents shall be drafted, approved, and supplied by City. All pictures,
video, paperwork, etc., shall be made available to City at all times.
NOTIFICA TION PROCEDURE: ECIS proposes to notify all dischargers found to be in non-
compliance, or subject to notice of violation. ECIS does not provide any form of legal
enforcement or take part in any form of enforcement action(s). All legal enforcement and actions
taken against any discharger by City after notice of non-compliance procedures have been
fulfilled by ECIS will be the sole responsibility of City. ECIS proposes to cooperate in full with
City in all matters regarding possible enforcement action(s) and other general matters regarding
City sewer ordinance requirements.
GCDIFEE: ECIS proposes to charge City 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 COSTESTIMATION: Using the current number of 249 FSE 's and 276 Inspection
Points (figures from Sept-2008 database), ECIS estimates the total cost for 4 annual GCDI's will
be approx. $22,080. (276 lids x $20per lidx 4). Naturally, this amount may increase/decrease as
new FSE's are added or subtracted.
PROGRAM OPTIONS/ADDITIONAL FEE(S): ECIS proposes to charge a fee of Seventy
Five (75) dollars per hour for any/all work not specified in contract such as City Council
meetings.
FSE-FOG PROGRAM CONSULTATION INSPECTION: ECIS proposes to charge City $150
per event. These inspections will consist of ECIS staff visiting with FSE Owner, Manager or
other staff to inform them of City FOG Program requirements. These inspections will be
coordinated with Don Wasko or other authorized City staff. These inspections will also include a
site evaluation to determine whether or not a properly sized Grease Control Device can be
installed and can also include a kitchen inspection to assist FSE staff on how to comply with City
Kitchen BMP requirements or other standard FOG reduction practices.
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FSE PLAN CHECK: ECIS proposes to provide FSE Plan Check services to City for all FSE
Tenant Improvement, Change of Ownership, Re-model or new construction. ECIS proposes to
charge City a fee of $175 per FSE. This price includes all revisions. This Plan Check procedure
currently is in operation with City.
SUMMARY OF INSPECTIONS PROGRAM COST:
Job
Grease Control Device Inspections (GCDI)
FSE-Site Evaluation Inspection
FSE-Plan Check Services
Consulting Fees, when services are required
Service Cost
$20 per lid inspection
$150 per event
$175 per FSE
$75 per hour
PROJECT MANAGER:
Jon Kinley will serve as the Project Manager for this initial inspection task -with Marcus Osburn
serving as Project Engineer. Jon Kinley currently carries a Certificate Grade 1 from the
California Water Environment Association as an Environmental Compliance Inspector.
Certificate #343 issued July 2000.
Both Jon Kinley and Marcus Osburn have many years of experience performing similar tasks
such as FOG/NPDES Program database initial inspections, field inspections ofGCD 's including
thousands of field NPDES inspections, Issuance of notices of'Non-Compliance and Water
Quality Citations including follow up and on-site meetings with FSE owners and management.
ECIS also offers Plan-Checking, project management and implementation, Program
presentations and assistance with City Council meetings.
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Thanks Jim for the opportunity to submit this proposal and assist the City of Carlsbad in its
mission to provide a clean and safe environment for its citizens.
Please contact me anytime with any questions!
Respectfully submitted,
Jon C. Kinley
President
ECIS
City Attorney Approved Version #05.22..01
AGREEMENT FOR FATS, OILS AND GREASE (FOG) INSPECTION AND BEST
MANAGEMENT PRACTICES PROGRAM DEVELOPMENT SERVICES
(Jon C. Kinley d.b.a. Environmental Compliance Inspection Services)
_JHIS AGREEMENT is made and entered into as of the / 9 — day of
, 2007. by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and Jon C. Kinley, doing business as ENVIRONMENTAL
COMPLIANCE INSPECTION SERVICES (ECIS), a sole proprietorship, ("Contractor").
RECITALS
A. City requires the professional services of a contractor that is experienced
in implementing Fats, Oils and Grease (FOG) Inspection and Best Management Practices
(BMP) Programs.
B. Contractor has the necessary experience to inspect all Food Service
Establishments (FSE's) in the City's wastewater service area to ascertain compliance with
State and local requirements to eliminate Sanitary Sewer Overflows (SSO's) related to
grease and implementing Best Management Practices (BMP's) for FSE's to follow.
C. Selection of Contractor is expected to achieve the desired results in an
expedited fashion.
D. Contractor has submitted a proposal to City and has affirmed its
willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in attached Exhibit "A" and Contractor's proposal attached
as Exhibit "B", which are incorporated by this reference in accordance with this
Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional
care and skill customarily exercised by reputable members of Contractor's profession
practicing in the Metropolitan Southern California Area, and will use reasonable
diligence and best judgment while exercising its professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of one year from the date first
above written. The City Manager may amend the Agreement to extend it for three (3)
additional one (1) year periods or parts thereof in an amount not to exceed Twenty
Thousand dollars ($20,000) per Agreement year. Extensions will be based upon a
satisfactory review of Contractor's performance, City needs, and appropriation of funds
by the City Council. The parties will prepare a written amendment indicating the
effective date and length of the extended Agreement.
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4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term
will be Twenty Thousand dollars ($20,000). No other compensation for the Services will
be allowed except for items covered by subsequent amendments to this Agreement.
The City reserves the right to withhold a ten percent (10%) retention until City has
accepted the work and/or Services specified in Exhibit "A" and the Contractor's proposal
attached as Exhibit "B."
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent
contractor and in pursuit of Contractor's independent calling, and not as an employee of
City. Contractor will be under control of City only as to the result to be accomplished,
but will consult with City as necessary. The persons used by Contractor to provide
services under this Agreement will not be considered employees of City for any
purposes.
The payment made to Contractor pursuant to the Agreement will be the full and
complete compensation to which Contractor is entitled. City will not make any federal or
state tax withholdings on behalf of Contractor or its agents, employees or
subcontractors. City will not be required to pay any workers' compensation insurance or
unemployment contributions on behalf of Contractor or its employees or subcontractors.
Contractor agrees to indemnify City within thirty (30) days for any tax, retirement
contribution, social security, overtime payment, unemployment payment or workers'
compensation payment which City may be required to make on behalf of Contractor or
any agent, employee, or subcontractor of Contractor for work done under this
Agreement. At the City's election, City may deduct the indemnification amount from any
balance owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval
of City. If Contractor subcontracts any of the Services, Contractor will be fully
responsible to City for the acts and omissions of Contractor's subcontractor and of the
persons either directly or indirectly employed by the subcontractor, as Contractor is for
the acts and omissions of persons directly employed by Contractor. Nothing contained
in this Agreement will create any contractual relationship between any subcontractor of
Contractor and City. Contractor will be responsible for payment of subcontractors.
Contractor will bind every subcontractor and every subcontractor of a subcontractor by
the terms of this Agreement applicable to Contractor's work unless specifically noted to
the contrary in the subcontract and approved in writing by City.
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8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials,
employees and volunteers from and against all claims, damages, losses and expenses
including attorneys fees arising out of the performance of the work described herein
caused by any negligence, recklessness, or willful misconduct of the Contractor, any
subcontractor, anyone directly or indirectly employed by any of them or anyone for
whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City
incurs or makes to or on behalf of an injured employee under the City's self-
administered workers' compensation is included as a loss, expense or cost for the
purposes of this section, and that this section will survive the expiration or early
termination of this Agreement.
10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property
which may arise out of or in connection with performance of the services by Contractor
or Contractor's agents, representatives, employees or subcontractors. The insurance
will be obtained from an insurance carrier admitted and authorized to do business in the
State of California. The insurance carrier is required to have a current Best's Key Rating
of not less than "A-:V".
10.1 Coverages and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below,
unless City Attorney or City Manager approves a lower amount. These minimum
amounts of coverage will not constitute any limitations or cap on Contractor's
indemnification obligations under this Agreement. City, its officers, agents and
employees make no representation that the limits of the insurance specified to be
carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If
Contractor believes that any required insurance coverage is inadequate, Contractor will
obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense.
10.1.1 Commercial General Liability Insurance. $1.000.000 combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits will apply
separately to the work under this Agreement or the general aggregate will be twice the
required per occurrence limit.
10.1.2 Automobile Liability (if the use of an automobile is involved for
Contractor's work for City). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
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10.1.3 Workers' Compensation and Employer's Liability. Workers'
Compensation limits as required by the California Labor Code and Employer's Liability
limits of $1,000,000 per accident for bodily injury. Workers' Compensation and
Employer's Liability insurance will not be required if Contractor has no employees and
provides, to City's satisfaction, a declaration stating this.
10.2. Additional Provisions. Contractor will ensure that the policies of insurance
required under this Agreement contain, or are endorsed to contain, the following
provisions:
10.2.1 The City will be named as an additional insured on General
Liability.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability, which will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and
any extensions of it and will not be canceled without thirty (30) days prior written notice
to City sent by certified mail pursuant to the Notice provisions of this Agreement.
10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution
of this Agreement, Contractor will furnish certificates of insurance and endorsements to
City.
10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these
insurance coverages, then City will have the option to declare Contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order to maintain the required coverages. Contractor is responsible for any
payments made by City to obtain or maintain insurance and City may collect these
payments from Contractor or deduct the amount paid from any sums due Contractor
under this Agreement.
10.5 Submission of Insurance Policies. City reserves the right to require, at anytime,
complete and certified copies of any or all required insurance policies and
endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of
the Agreement, as may be amended from time-to-time.
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred
under this Agreement. All records will be clearly identifiable. Contractor will allow a
representative of City during normal business hours to examine, audit, and make
transcripts or copies of records and any other documents created pursuant to this
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Agreement. Contractor will 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.
13. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City
and Contractor relinquishes all claims to the copyrights in favor of City.
14. NOTICES
The name of the persons who are authorized to give written notices or to receive written
notice on behalf of City and on behalf of Contractor under this Agreement. \ ^, tfwk
For City:
Name DonWasko
Title Public Works Supervisor
Department Maintenance & Operations
CITY OF CARLSBAD
Address 5950 El Camino Real
For Contractor:
Name -J1
Title
ENVIRONMENTAL COMPLIANCE
INSPECTION SERVICES
Address 12 Via Torre
Carlsbad. CA 92008
Phone No. (760) 438-2722
Rancho Santa Margarita. CA 92688
Phone No. (949) 888-6536
Each party will notify the other immediately of any changes of address that would
require any notice or delivery to be directed to another address.
15. CONFLICT OF INTEREST
City will evaluate Contractor's duties pursuant to this Agreement to determine whether
disclosure under the Political Reform Act and City's Conflict of Interest Code is required
of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be
determined that disclosure is required, Contractor or Contractor's affected employees,
agents, or subcontractors will complete and file with the City Clerk those schedules
specified by City and contained in the Statement of Economic Interests Form 700.
Contractor, for Contractor and on behalf of Contractor's agents, employees,
subcontractors and consultants warrants that by execution of this Agreement, that they
have no interest, present or contemplated, in the projects affected by this Agreement.
Contractor further warrants that neither Contractor, nor Contractor's agents, employees,
subcontractors and consultants have any ancillary real property, business interests or
income that will be affected by this Agreement or, alternatively, that Contractor will file
with the City an affidavit disclosing this interest.
16. GENERAL COMPLIANCE WITH LAWS
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Contractor will keep fully informed of federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor, or in any way
affect the performance of the Services by Contractor. Contractor will at all times observe
and comply with these laws, ordinances, and regulations and will be responsible for the
compliance of Contractor's services with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act
of 1986 and will comply with those requirements, including, but not limited to, verifying
the eligibility for employment of all agents, employees, subcontractors and consultants
that the services required by this Agreement.
17. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations
prohibiting discrimination and harassment.
18. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following
procedure will be used to resolve any questions of fact or interpretation not otherwise
settled by agreement between the parties. Representatives of Contractor or City will
reduce such questions, and their respective views, to writing. A copy of such
documented dispute will be forwarded to both parties involved along with recommended
methods of resolution, which would be of benefit to both parties. The representative
receiving the letter will reply to the letter along with a recommended method of
resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be forwarded to the City
Manager. The City Manager will consider the facts and solutions recommended by each
party and may then opt to direct a solution to the problem. In such cases, the action of
the City Manager will be binding upon the parties involved, although nothing in this
procedure will prohibit the parties from seeking remedies available to them at law.
19. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services,
City may terminate this Agreement for nonperformance by notifying Contractor by
certified mail of the termination. If City decides to abandon or indefinitely postpone the
work or services contemplated by this Agreement, City may terminate this Agreement
upon written notice to Contractor. Upon notification of termination, Contractor has five
(5) business days to deliver any documents owned by City and all work in progress to
City address contained in this Agreement. City will make a determination of fact based
upon the work product delivered to City and of the percentage of work that Contractor
has performed which is usable and of worth to City in having the Agreement completed.
Based upon that finding City will determine the final payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may
terminate this Agreement. In this event and upon request of City, Contractor will
assemble the work product and put it in order for proper filing and closing and deliver it
to City. Contractor will be paid for work performed to the termination date; however, the
City Attorney Approved Version #11.28.06
total will not exceed the lump sum fee payable under this Agreement. City will make the
final determination as to the portions of tasks completed and the compensation to be
made.
20. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or
person, other than a bona fide employee working for Contractor, to solicit or secure this
Agreement, and that Contractor has not paid or agreed to pay any company or person,
other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift,
or any other consideration contingent upon, or resulting from, the award or making of
this Agreement. For breach or violation of this warranty, City will have the right to annul
this Agreement without liability, or, in its discretion, to deduct from the Agreement price
or consideration, or otherwise recover, the full amount of the fee, commission,
percentage, brokerage fees, gift, or contingent fee.
21. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to
City must be asserted as part of the Agreement process as set forth in this Agreement
and not in anticipation of litigation or in conjunction with litigation. Contractor
acknowledges that if a false claim is submitted to City, it may be considered fraud and
Contractor may be subject to criminal prosecution. Contractor acknowledges that
California Government Code sections 12650 et sea., the False Claims Act applies to
this Agreement and, provides for civil penalties where a person knowingly submits a
false claim to a public entity. These provisions include false claims made with deliberate
ignorance of the false information or in reckless disregard of the truth or falsity of
information. If City seeks to recover penalties pursuant to the False Claims Act, it is
entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges
that the filing of a false claim may subject Contractor to an administrative debarment
proceeding as the result of which Contractor may be prevented to act as a Contractor
on any public work or improvement for a period of up to five (5) years. Contractor
acknowledges debarment by another jurisdiction is grounds for City to terminate this
Agreement.
22. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of
enforcing a right or rights provided for by this Agreement will be tried in a court of
competent jurisdiction in the County of San Diego, State of California, and the parties
waive all provisions of law providing for a change of venue in these proceedings to any
other county.
23. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and
Contractor and their respective successors. Neither this Agreement nor any part of it nor
any monies due or to become due under it may be assigned by Contractor without the
prior consent of City, which shall not be unreasonably withheld.
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24. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated
by it, along with the purchase order for this Agreement and its provisions, embody the
entire Agreement and understanding between the parties relating to the subject matter
of it. In case of conflict, the terms of the Agreement supersede the purchase order.
Neither this Agreement nor any of its provisions may be amended, modified, waived or
discharged except in a writing signed by both parties.
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25. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf
of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR
ENVIRONMENTAL COMPLIANCE
INSPECTION SERVICES
(print nameytitle)
(e-mail address)
(sign here)
(print name/title)
CITY OF CARLSBAD, a municipal
corporatio»4f the State of California
Deputy Public WorkWDirector
Maintenance & Operations
ATTEST:
(e-mail address)
If required by City, proper notarial acknowledgment of execution by contractor
must be attached. If a Corporation. Agreement must be signed by one corporate
officer from each of the following two groups.
'Group A.
Chairman,
President, or
Vice-President
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering the officer(s) signing to
bind the corporation.
APPROVED AS TO FORM:
RONALOR^BALL, City Atto
Deputy City Attorney
City Attorney Approved Version #11.28.06
EXHIBIT "A"
SCOPE OF SERVICE
A. Contractor will provide FOG Program Inspection services and database
development as outlined in their proposal submitted and incorporated herein as
part of this contract, identified as Exhibit "B."
B. Total fees for these services shall not exceed $20,000 to be invoiced by
contractor to the City on a monthly basis, based on actual work performed:
B.1 Contractor will inspect and establish an initial Food Service
Establishment (FSE) database at a cost of $80.00 per FSE.
B.2 Contractor will provide plan check services, including original and
revised plan submittals at a cost of $175.00.
B.3 Contractor will inspect grease control devices (GCD), as directed by
the City, at a cost of $20.00 per GCD inspection point.
C. City reserves the right to inspect and approve all work performed prior to
issuing payment for said work.
City Attorney Approved Version #11.28.06
10
EXHIBIT "B"
CONTRACTOR'S PROPOSAL
Date: 4-25-07
To: Don Wasko / Public Works Supervisor / City of Carlsbad
From: Jon C. Kinley / President / ECIS
Re: City of Carlsbad FOG Program Proposal
Mr. Wasko;
ECIS proposes to perform an initial FSE inspection designed to give the City of
Carlsbad a database that can be used as a foundation to base a future FOG/NPDES
Inspections Program upon that complies with upcoming State WDR requirements
concerning FSE/FOG Program andNPDES inspections requirements.
This database is very useful to track FSE compliance or non-compliance with any
future adopted City of Carlsbad requirements in regards to FOG/NPDES inspections.
It is the opinion of ECIS that a strong Sewer Ordinance with specific wording
pertaining to FOG requirements also be developed and implemented, in order to
comply with the State WDR.
Once the initial inspections have taken place and the database has been developed,
ECIS recommends that City of Carlsbad determine an inspection frequency for
inspections of the existing GCD's-( Grease Control Devices including both
interceptors & traps), and for NPDES inspections. Based on past experience and
current ECIS client needs, a frequency of inspecting GCD's every 3 months is
recommended, with NPDES inspections occurring at least once annually. New State
WDR's are forthcoming that will mirror much of what is found in the Santa Ana
Order that are significantly tougher than the existing San Diego Regional Water
Quality Control Board Order # 96-04.
Inspection frequency is key because it will show the state that along with an
established sewer ordinance and FOG Program, the city is now inspecting these
known grease control devices to ensure compliance with your program. Having the
program and the database and not inspecting grease control devices enough can
negate the purpose of the program which is ultimately to reduce or stop SSO's.
INSPECTION S.O.P. I SCOPE OF WORK: ECIS proposes to perform the following
minimum at all inspections:
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1. Contact customer and gather all information such as addresses, phone numbers,
facility owners/managers, hours of operation, copy of menu and any other pertinent
information.
2. Determine location, size, and number of inspection points of any grease control
device, as well as determine ifFSE has a recyclable grease barrel. ECIS will also
perform a site check to determine if a grease control device could be installed. ECIS
will not inspect any found GCD's during this initial inspection, unless requested. If
an inspection of the GCD is requested, ECIS proposes to charge $20 per inspection
point.
3. Perform kitchen equipment inventory, equipment included in inventory will include
Class 1 & 2 Hoods-Fryers-Automatic Dish-Washers-Ovens-Garbage Disposals-1/2/3
compartment sinks-Mop Sinks-Pot Sinks-Vegetable/Prep sinks-Floor drains and any
other equipment associated with food cooking or food preparation.
DATABASE: ECIS proposes to gather 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 can be used to track future inspections of
grease control device inspections and NPDES inspections. This database will also give
the City of Carlsbad an actual number of how many grease interceptors or grease traps
exist thereby allowing a known cost amount for future device inspections. The database
will also be color coded into four sections showing FSE classifications similar to the
database used by ECIS for City ofOceanside. All FSE's will be broken down into the
following four classifications:
1.) FSE's with correct size & type Grease Interceptor (green)
2.) FSE's with small Grease Traps (blue)
3.) FSE's that do not require a Grease Control Device (red)
4.) FSE's that need a Grease Control Device and do not have one (yellow)
PROJECT MANAGER:
Jon Kinley will serve as the Project Manager for this initial inspection task with Marcus
Osburn serving as Project Engineer. Jon Kinley currently carries a Certificate Grade 1
from the California Water Environment Association as an Environmental Compliance
Inspector. Certificate #343 issued July 2000.
Both Jon Kinley and Marcus Osburn have many years of experience performing similar
tasks such as FOG/NPDES Program database initial inspections, field inspections of
GCD's including thousands of field NPDES inspections, Issuance of notices ofNon-
Compliance and Water Quality Citations including follow up and on-site meetings with
FSE owners and management. ECIS also offers Plan-Checking, project management and
implementation, Program presentations and assistance with City Council meetings.
SIMILAR PROJECTS:
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ECIS has performed similar projects for the following clients;
1. Implemented a complete FOG Program for the Moulton Niguel Water District which
serves the cities ofLaguna Niguel, City ofLaguna Hills, City of Dana Point, City of
Mission Viejo and City ofAliso Viejo. This project was started in January of 2001
and continues today. Project was started in response to a large grease related SSO
that prompted an Administrative Order and fine against the District by the
EPA/Regional Board. MNWD Contact: Brad Bruington- Project Manager-
(949)425-3525. GCD Inspection Program is run monthly.
2. Implemented a complete FOG Program for the City of San Clemente beginning in
June of 2001 which continues today. City of San Clemente Contact: AJ Howard-
Utilities Manager-(949)366-1553. GCD inspection program is run monthly.
3. Implemented a complete FOG Program for the City ofLaguna Beach beginning in
June of 2001 which continues today. Was involved with many City Council meetings
and assisted the city in the establishment of their FOG provisions for their sewer
ordinance. Currently ECIS runs a Grease Best Management Practices Inspection
Program that also gives ECIS the power to issue notices of violation for program
non-compliance with escalating monetary fines. Assisted the city in developing FOG
education literature including a CD-ROM and DVD along with a city supplied binder
outlining their FOG Program. City ofLaguna Beach contact: David Shissler-
Director of Water Quality-(949) 497-0328. This Grease BMP Program is currently
run every six months with GDC inspections taking place every other month or six
times annually.
4. Implemented a complete FOG Program for the City of San Juan Capistrano
beginning in February of 2003 which continues today. ECIS also runs an NPDES
Inspection Program every 6 months. City of San Juan Capistrano contact: Ziad
Mazboudi-Senior Civil Engineer-(949) 234-4413. GCD Inspection Program is run
monthly.
5. Implemented a complete FOG Program for the South Coast Water District which
includes sewer service in the City of Dana Point and small sections of San Juan
Capistrano and Laguna Beach beginning in March of 2004 which continues today.
This program was started in response to a large grease related SSO that prompted an
Administrative Order and fine from the EPA/Regional Board. ECIS also implements a
Grease BMP Inspection Program similar to that run for the City ofLaguna Beach
every 6 months. South Coast Water District contact: Mike Dunbar-General
Manager-(949) 499-4555. GCD Inspection Program is run monthly.
6. Implemented a complete FOG Program for the City of Newport Beach beginning in
November of 2003 which continues today. ECIS also implants a complete NPDES
and Grease BMP Inspection Program for the city. City of Newport Beach contact-
Terresa Moritz-Water Utilities-(949)644-3013. GCD Inspection Program is run every
3 months. NPDES program is run annually as well as Grease BMP Program.
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ECIS also runs a variation of the above described program(s) for the Cities of
Oceanside, Seal Beach, Hermosa Beach, City of Cypress, City ofHermosa Beach, City of
Manhattan Beach, and the Rossmoor-Los Alamitos Area Sewer District.
PROGRAM OPTIONS /ADDITIONAL FEE(S):
ECIS proposes to charge a fee of Seventy Five (75) dollars per hour for any/all work not
specified in contract such as City Council meetings etc..
ECIS proposes to charge the City of Carlsbad a fee of One Hundred Seventy Five (175)
dollars for all plan check services, including original and revised plan submittals.
PROJECT SCHEDULE:
ECIS proposes to complete the initial FSE inspections to establish the database no later
than Ninety (90) days after receiving permission from City of Carlsbad to begin
inspections.
PROGRAM COST ESTIMATION: Using the number of 200 estimated FSE's given by
City of Carlsbad, ECIS estimates the total cost for the initial database establishment
inspection will be approx. $ 16,000.- (200 X $80).
After establishment of the FSE database-the exact inspection point count or lid count of
all Grease Traps and Grease Interceptors will be known. Grease Traps are always one
lid or inspection point while the larger underground Grease Interceptors average 2 lids.
On the database, all FSE's with a one lid Grease Trap will be highlighted in Blue, while
all FSE's with a Grease Interceptor will be highlighted in Green. City will then get an
exact total lid count of all Grease Control Devices, providing a known cost of inspection
for each inspection cycle. For example, if ECIS finds 200 total inspection points or lids,
the cost to inspect those devices in an inspection run would be $4,000 — (200 x $20). City
can then decide how often they want to inspect these devices. Inspecting 200 lids at 3
month intervals would cost $16,000 - ($4,000 X 4). Most ECIS clients inspect all their
devices every 3 months. City will also know how many FSE's have inadequately sized
Grease Traps. These undersized Grease Traps can contribute to line blockages due to the
fact they are simply too small to effectively retain FOG, thus allowing FOG to quickly
pass through the device and out into the collection system. Another benefit is that if an
FSE with no grease control device (yellow on the database) or an FSE with an
undersized grease control device (blue on the database) undergoes a remodel or
ownership/tenant change, City can identify the FSE and require that the new FSE install
a correctly sized Grease Control Device.
ECIS proposes to charge the City of Carlsbad a fee of $20 per inspection point per
Grease Control Device. Total lid count of all grease control devices will fluctuate slightly
over time with normal FSE additions or closures.
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Thanks Don for the opportunity to submit this proposal and assist the City of Carlsbad in
its mission to provide a clean and safe environment for its citizens.
Please contact me anytime with any questions!
Respectfully submitted,
Jon C. Kinley
President
ECIS
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