HomeMy WebLinkAboutCC AG PKT 2014-02-24 #F AGENDA STAFF REPORT
DATE: February 24, 2014
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Sean P. Crumby P.E., Director of Public Works
SUBJECT: FATS, OILS AND GREASE (FOG) PROGRAM UPDATE
SUMMARY OF REQUEST:
It is requested that the City Council:
1. Adopt Resolution No. 6439 approving a Professional Services Agreement
to retain Environmental Compliance Inspection Services (ECIS) to perform
FOG inspection services;
2. Conduct a public hearing regarding new and amended FOG program fees,
and after considering all testimony and evidence presented, adopt
Resolution No. 6440 adopting the new fees and amending the City's fee
schedule to include the existing, new, and amended FOG program fees;
and
3. Introduce for First Reading of Ordinance No. 1639 amending provisions of
Chapter 9.25 of the Seal Beach Municipal Code regarding Fats, Oils, and
Grease Management, Discharge, and Control.
BACKGROUND AND ANALYSIS:
The City of Seal Beach performs sewer collection for residents, which is
transported to the Orange County Sanitation District (OCSD) for treatment. All
sewer agencies (including Seal Beach), are required to maintain a permit (Order
No. R8-2002-0014, General Waste Discharge Requirements - WDR) with the
state. In April 2002, the Regional Water Quality Control Board (RWQCB), Santa
Ana Region, issued the WDR permit for all Sewage Collection Agencies within
the Santa Ana Region. This order places requirements on all wastewater
agencies with the overall goal of protecting public health and safety. The highest
priority of the permitting agency is to prevent sewage from leaking out of the
sewer systems in what is called Sanitary Sewer System Overflows (SSO).
Sewer blockages account for over half of the sewer spills reported in the County.
The largest contributor to the cause of blockages and SSOs is fats, oils, and
grease (FOG) getting into sewer lines.
Agenda Item — F
Having an active program to limit FOG in the City's sewer lines is not only good
practice, but a requirement of the City's WDR permit. In addition to complying
with the requirements of the permit, removing grease from the sewer system
keeps sewer rates as low as possible both for the City of Seal Beach as well as
the Orange County Sanitation District (OCSD). When FOG enters the sewer
system it increases maintenance cost of City sewer mains and sewer pump
stations, and increases the treatment cost for OCSD.
The City implemented its FOG Control Program to reduce the discharge of FOG
into the sewer system. The City Council adopted a FOG Control Ordinance on
September 13, 2004 to establish legal authority for the City to control FOG
discharge. The FOG Control Program was then created to implement and
enforce the Ordinance. Staff developed a FOG manual and permits to comply
with the Ordinance.
Restaurants are the largest contributors of FOG to the sewer system, so the
City's FOG program is tailored to them. All restaurants in the City are required to
install devices that prevent FOG from entering the sewer system. There are
currently, 136 food facilities or restaurants in the City, 108 of which are deemed
"Food Service Establishments" (FSEs)" per the Municipal Code. FSEs are
subject to additional strict guidelines regarding maintenance of their FOG
interceptors.
FOG PROGRAM UPDATE:
1. Proposed Code Amendments
Since the City's FOG Program was instituted in 2004, new technologies have
been developed to control and regulate FOG discharges. These include gravity
grease interceptors, which are multi-compartment devices located underground
between a FSE and the connection to the sewer system that uses gravity to
separate FOG from wastewater as it moves from one compartment to the next.
These are more effective and therefore preferable to other kinds of devices.
Staff is therefore recommending a series of amendments to Chapter 9.25 to
establish a preference for gravity grease interceptors to more clearly establish
when they are required and when and how that requirement can be waived or
varied from. These changes are shown in the draft ordinance that is included
with this report.
2. FOG Inspection Services Contract
The failure of an FSE to properly maintain its interceptors can lead to blockages,
overflows, and spills that pose a threat to the City's sewer facilities and the public
health and welfare. A key component to the City's FOG Program therefore is the
regular inspection of FSEs and their FOG interceptors for compliance with the
City's requirements.
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Since 2006, the City contracted with Environmental Compliance Inspection
Services (ECIS) to provide FOG inspection services. ECIS is very familiar with
the City's FSEs, the City's FOG ordinance, administrative citation process, and
provides prices that are very competitive for the market. ECIS performs this
service for several other cities within the northern portion of Orange County.
One of the items included in this update to the FOG Program is a proposed new
contract with ECIS in the amount of $16,630.00 for ongoing FOG inspection
services. ECIS would perform inspections of each restaurant facility as
scheduled throughout the year. These inspections would include documentation
of the current conditions at the site; follow-up inspections, if required; review of
educational information with the facility staff; and issuance of citations or notices
of violations, if necessary. This agreement would be for three years with options
for two additional two year extensions.
A copy of the proposed contract with ECIS and a resolution approving it are
included with this report.
3. FOG Program Fees
A base fee was created in 2004 to cover the cost of inspection of FSEs. The
remaining facilities are considered non-FOG generators and are therefore
exempt from yearly permit fees. The fees were established to fund the City's
cost to implement the program and do not provide revenue for the City.
The program, as created in 2004, allowed for existing FSEs to be grandfathered
in and have the option to pay an annual fee of $170 with grease protection or
$590 without it. Only restaurants that were previously operating before 2004
have that option though. The $170 fee was set to fund the City's cost for
inspection of the facilities. The $590 includes the City's cost (at that time) to
clean the sewer mains. All restaurants as they change ownership or use must
comply and install the proper device. Additional costs above these fees are
billed directly to the restaurant. If the inspections are passed there will be no
additional fees. A failed test will require the restaurant owner to follow up on
corrective action and then fund additional inspections. Any cost to the City such
as additional services (e.g., re-inspections), materials provided by the City, spill
response or additional sewer main line cleaning due to accumulation of FOG are
billed directly to the responsible party to recover actual costs incurred. Any
delinquencies, penalties, appeals, hearings, suspensions, revocations, violations,
and enforcements are included within the FOG Ordinance.
rhe cost to administer the FOG program, including inspections, have increased
over the years, however, the City has not adjusted the fee schedule to since
2005. Staff has determined that the City's current fees needs to be amended
and supplemented to better cover or substantially cover the actual costs of
administering the City's FOG program. It is therefore recommended that the
City's fees be amended as follows:
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A. Permit issuance fee $50 each
B. Plan review fee $225 each
C.B. Grease control device lid inspection fee $30 each
(4 inspections per year)
CO_ Best Management Practices (BMP) inspection fee
(21year f0F FSEs with a grease raentr-el deviE;e) $6040 each
(4/yeaF fbF FSEs without gFea6e GGRtFGI deviGes)
(I inspection per FSE per year)
ED. Grease disposal mitigation/waiver fee $500 annually
F. Non-compliance Grease control device lid inspection fee $30 each
return visit
G. Non-compliance BMP inspection fee return visit $60 each
return visit
HF, Non-compliance sewer cleaning fee $180 per hour
IG. Non-compliance sewer video inspection fee $300 per hour
A notice of a public hearing to consider these amendments was published in the
Sun News on February 6 th and 13 th
A draft resolution approving these amendments to the City's fees and updating
the City's fee schedule accordingly is included with this report.
ENVIRONMENTAL IMPACT:
The proposed FOG program updates discussed in this report are not a project
subject to the California Environmental Quality Act.
LEGAL ANALYSIS:
The City Attorney has reviewed the proposed ordinance, resolutions and
agreement with ECIS and approved each as to form.
FINANCIAL IMPACT:
Since any SSO may violate the term of the Order, failure to properly manage and
operate the system can result in civil monetary fines based upon the severity of
the violation. It is the intent of this program that Fats, Oils, and Grease
dischargers pay for the full cost of this program so sewer ratepayers of the City
are not subsidizing the program costs.
Revenues from the FOG program are posted directly to Sewer Operations. The
annual contract amount is estimated to be less than $19,000. Funds are
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available in the amount of $19,740 in Sewer Operations Contract Professional
Services account for FY 2013/2014 and will be appropriately budgeted in future
fiscal years.
RECOMMENDATION:
That the City Council:
1. Adopt Resolution No. 6439 approving a Professional Services Agreement
to retain Environmental Compliance Inspection Services (ECIS) to perform
FOG inspection services;
2. Conduct a public hearing regarding new and amended FOG program fees,
and after considering all testimony and evidence presented, adopt
Resolution No. 6440 adopting the new fees and amending the City's fee
schedule to include the existing, new, and amended FOG program fees;
and
3. Introduce for First Reading of Ordinance No. 1639 amending provisions of
Chapter 9.25 of the Seal Beach Municipal Code regarding Fats, Oils, and
Grease Management, Discharge, and Control.
SUBMITTED BY: NOTED AND APPROVED:
Sean P. Crumby, A P.E F4. Ingram,
Director of Public W1 Cvmanager
Prepared by: David Spitz, Associate Engineer
Attachments:
A. Ordinance No. 1639
B. Resolution No. 6439(agreement)
C. Professional Services Agreement with ECIS and ECIS Scope of Work and Cost Proposal
D. Resolution No. 6440(fees)
Page 5
ORDINANCE NUMBER
AN ORDINANCE OF THE CITY QF SEAL BEACH AMENDING
PROVISIONS OF CHAPTER 9'25 OF THE SEAL BEACH
MUNICIPAL CODE REGARDING FATS, OILS, AND GREASE
MANAGEMENT, DISCHARGE,AND CONTROL
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DUES ORDAIN AS
FOLLOWS:
Section 1. Seal Beach Municipal Code Section A.25.010.Cio hereby amended
by deleting the definition of ^{3rooua Interceptor" and adding definitions for
"Gravity Grease Interceptor" and ^Hydvomechnnioa| Grease Interceptor" thereto
to reed as follows:
"Gravity Grease Interceptor: a multi-compartment device located
underground between a FSE and the connection to the sewer
system that uses gravity kzseparate FOG from wastewater as it
moves from one compartment to the next and that is constructed
and located in accordance with the California Plumbing Code."
^ : a device other than a
gravity grease interceptor |nnohad underground before the
connection to the sewer system either inside or outside the FSE
footprint that separates FOG from wastewater and that is
constructed and located in accordance with the California Plumbing
Code."
Section 2. Seal Beach Municipal Code SanUnn 9.25.035 is hereby amended
by adding the highlighted word "gravity"thereto as shown below:
^§0.25.O35 F[>(3 Pretreatment Required.
FSEm are required to inakaU, operate and maintain an approved
h/p* and adequately sized fravit gnynao interceptor necessary bo
maintain compliance with the objectives of this Chapter in
accordance with the FOG Discharge Manual and the requirements
of4OCFR§403.5."
Section 3. Seal Beach Municipal Code Section 9.25.040 is
hereby amended by adding the highlighted words thereto osshown
below:
"§9.25.040 Variance and Waiver ofGravit ! Grease |nbsnoap1or
Requirement.
A. Variance from Gravity Grease Interceptor Requirements.
Avahanna or a conditional waiver from the gravity grease
interceptor requirements on such terms and conditions as may
established by the Director, consistent with the requirements of the
Sewer VVDRs. the City's FOG Control Program, the FOG Discharge
K4mnua|, and best cons(ruo(|on, enginnehng, environmental and
heo|Ua and safety pnadioay. (1) to oUovx an_HG|_or alternative
pretreatment technology that in. at |eoot, equally effective in
controlling the FOG discharge in lieu of m -gravity grease
in0emeptor, may be granted by the Director to FSEo demonstrating
to the Director's satisfaction that it is impossible to inmbaU, operate
or maintain a aravN grease interceptor; or (2) where the FSE
demonstrates to the Oinacto/n satisfaction that any FOG discharge
from the FSE is negligible and will have an inu|gn|Ooon{ impact to
the sewer system.
Ordinance Number l639
B. Waiver from Gravity Grease Interceptor Installation with a
Grease Disposal Mitigation Fee. For FSEs where the installation of
gravit gnaeoo interceptor is not feasible and no equivalent
alternative pretreatment can he installed, o waiver from the fravit�
grease interceptor requirement may be granted with the imposition
of a Grease Disposal Mitigation Fe* as described in Section
925.060. The Directors determination to grant the waiver with a
[;naaae Dimpuao) Mitigation Fee will be based upon such
considerations that the Director determines to be appropriate and
consistent with the Sewer VVDRs. the City's FOG Control Program,
the FOG Discharge K8anua|, and best nonotruoiinn, enginaahng,
environmonta|, and health and safety pneotioaa. Provided,
howavar, that a Qiality grease interceptor will be installed when
the FSE aitha[(i) applies for any discretionary permit, including but
not limited to a conditional use permit; or (ii) conducts any
remodeling huaFSE which involves construction valued at$60.000
or more requiring a building permit and which involves any one or
combination of the following: (1) under slab plumbing in the food
processing area, (2)a 3896 increase in the net public seating oroe.
(3) a 30% increase in the size of the kitchen area. or (4) any
change in the size or type of food preparation equipment. No
discretionary permit, including but not limited to conditional use
permit, shall be issued to a FSE unless the applicant can
demonstrate that a grease interceptor has been or will be installed
at the FSE.
C. Application for Waiver or Variance of Reguirement for
Grease Interceptor. AFSE may submit on application for waiver uv
variance from the -gravit grease interceptor requirement to the
Director. Terms and conditions for issuance ofa variance huaFSE
shall bn set forth in the discharge permit, A waiver nr variance may
be revoked a\any time when any of the terms and conditions for its
issuance is not satisfied or if the conditions upon which the waiver
was based change so that the justification for the waiver nulonger
exists."
Section 4. Seal Beach Municipal Code Section 9.25.050 is hereby amended
by adding the highlighted words thereto oashown below:
"§9.25.050 Grease Disposal Mitigation Fee.
A. FGEs that operate without a gravity grease cnnbn|
interceptor or approved alternative may be required to pay an
annual 8naaoe Disposal Mitigation Fee to equitably cover the costs
of increased maintenance and administration of the sewer system
aaa result of the FSEu' inability tm adequately remove FOG from its
wastewater discharge. This Section shall not be interpreted to allow
a new FSE. or existing FSEo undergoing remodeling or change in
operations or ow�lership. 10 operate without an approved glavit�
grease interceptor un|auu the Director has determined that it is
impossible to install or operate a&�ravit grease control interceptor
or an awroved alternative for the FSE under the provisions of
this Chapter.
B. The Grease Disposal Mitigation Fee shall bwestablished by
resolution of the Qty Council, and shall be based on the estimated
annual increased cost of maintaining the sewer system for
inspection and removal of FOG and other viscous or solidifying
agents attributable to the FSE resulting from the lack ofa grease
interceptor or grease ounbn| device and such other costs that the
City Council considers appropriate.
Ordinance Number 163A
C. The Grease Disposal Mitigation Fee may not ba waived or
reduced when the FSE does not comply with the minimum
requirements of this Chapter and/or its discharge into the sewer
oyah*m in the preceding 12 months has caused or potentially
caused or contributed alone or collectively, in sewer blockage or
sanitary sewer overflow ("SS[") in the sewer dmwnohaam, or
surrounding the FSE prior VV the waiver requeaL^
Section 5. Seal Beach Municipal Code Goubon 9.25.080 is hereby amended
by adding the highlighted words thereto aa shown below:
"§9.25.060 FOG Wastewater Discharge Permit Required.
A. FSEs proposing to discharge or currently discharging
wastewater-containing FOG into the City's sewer uyoham shall
obtain o FOG Wastewater Discharge Permit from the City within
either (i)180 days from the effective date of this Chapter or (ii) at
the time any FSE applies for orrenews its annual business license
from the City. Compliance with this Chapter must be demonstrated
at the time any business license is issued, provided that the
Director may extend the compliance date for no more than 0Odays
after the date of the issuance of the license.
B. FOG Wastewater Discharge Permits shall be expressly
subject 8n all provisions of this Chapter and all other regulations,
charges for use, and fees established by the City. The conditions
of FOG Wastewater Discharge Permits shall be enforced by the
City in accordance with this Chapter and applicable State and
Federal Regulations.
C. The City shall not issue a certificate of occupancy for any
new construction, oroccupancy, .
unless a FBE has fully complied with the provisions of this
Chapter."
Section 6. Sea! Beech Municipal Code Section 9.25.070 is hereby emended
by adding the highlighted words thereto amshown below:
"§A.25.070 FOG Wastewater Discharge Permit Condition.
The issuance of FOG Wastewater Discharge Permit may contain
any of the following conditions or limits as determined by the
O|raotoc
A. Limits on discharge ofFOG and other priority pollutants.
B. Requirements for proper operation and maintenance of
grease interceptors and other grease control devices.
C. Gravity grnona intenoypkzr, hydromechanical _grease
interceptor, or other approved alternative maintenance
frequency and schedule.
D. Requirements for implementation of Baai Management
pnocbues and installation of adequate grease interceptor and/or
grease control device.
E. Requirements for maintaining and reporting status of Beat
Management Practices,
F. Requirements for maintaining and submitting logs and
nennrds, including waste hauling records and waste manifests.
Ordinance Number 1639
G. Requirements toeaU-mondor
N. Requirements for the FSE 0m oonstmct, operate and
maintain, at its own expenso. FOG control device and sampling
tmoi|iUen.
i Consent by the operator ofthe FSE for the City and other
Regulatory Agencies hu inspect the FSE10 confirm compliance with
this Chapter, the NPOES Permit and other applicable |awo, rules
and regulations, including any N9DES permit applicable tu the City.
J. Additional requirements as otherwise determined to be
reasonably appropriate by the Director ho protect the City's system
oraa specified by other Regulatory Agencies.
K. Other terms and oundiUuns, which may be reasonably
applicable ho ensure compliance with this Chapter es determined by
the Director."
Section 7. |f any section, subsection, subdivision, paragraph, sentence, clause
or phrase ofthis Ordinance or any part thereof ixfor any reason held to be
invalid, such invalidity shall not affect the validity of the remaining portions of this
Ordinance or any part hereof. The City Council uf the City uf Seal Beach hereby
declares that it would have passed each seoUun, subsooUon, subd1vimion,
pamgreph, aenbance, n|ouaa or phrase hansof, irrespective of the fact that any
one or more sections, subsections, subdivisions, paragraphs, sentences, clauses
or phrases be declared invalid.
Section 8. The City Clerk shall certify to the passage and adoption of this
Ordinance and shall cause the same or a summary thereof to be published and
posted in the manner required bylaw.
PASSED. APPROVED AND ADOPTED by the Seal Beach City Council at a
regular meeting held on the______day of . 2O14.
Mayor
ATTEST:
City Clerk
Ordinance Number 1639
STATE OF CALIFORNIA \
COUNTY OF ORANGE }SS
CITY OF SEAL BEACH �
|. Linda Devine, City Clerk of the Qb/ of Seal 8emch, do hereby certify that the
foregoing Ordinance was introduced for first reading at a regular meeting held on
the—24th_ day of_February_.. 2O14 and was passed,approved and adopted by
the City Council oto regular meeting held on the -day of_______. 2014 by
the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
And do hereby further certify that Ordinance Number 1639 has been published
pursuant hu the Seal Beach City Charter and Resolution Number 2O36.
City Clerk
RESOLUTION NUMBER 6439
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH
ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES
(ECIS) FOR FATS, OILS &GREASE INSPECTION SERVICES
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City Council hereby approves the professional services
agreement ("Agreement") between the City of Seal Beach and Environmental
Compliance Inspection Services {ECIS} for Fats, Oils and Grease Inspection
Services in the amount of$16,630.
Section 2. The Council hereby authorizes and directs the City Manager to
execute the agreement.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a
regular meeting held on the 24th day of February,2014 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
1, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6439 on file in
the office of the City Clerk, passed, approved,and adopted by the City Council at
a regular meeting held on the 24th day of February 2014.
City Clerk
PROFESSIONAL SERVICES AGREEMENT
FOR FATS, OILS AND GREASE INSPECTION
SERVICES
between
4� S EA1 ,
X00 C
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
Environmental Compliance Inspections Services (ECIS)
26 Dauphin
Dana Point CA, 92629
Phone — 949-481-8826
This Design Professional Services Agreement ("the Agreement") is made as of
February 24, 2014 (the "Effective Date"), by and between Environmental
Compliance Inspection Services (ECIS) ("Consultant"), a Corporation, and the
City of Seal Beach ("City"), a California charter city, (collectively, "the Parties").
RECITALS
A. City desires certain professional services.
B. Consultant represents that it is qualified and able to provide City with such
services.
NOW THEREFORE, in consideration of the Parties' performance of the
promises, covenants, and conditions stated herein, the Parties hereto agree as follows.
AGREEMENT
1.0 Scope of Services
1.1. Consultant shall provide those services ("Services") set forth in the
attached Exhibit A. To the extent that there is any conflict between Exhibit A and this
Agreement, this Agreement shall control.
1.2. Consultant shall perform all services under this Agreement on a timely,
regular basis and in a manner reasonably satisfactory to the City.
1.3. In performing this Agreement, Consultant shall comply with all applicable
provisions of federal, State, and local law.
1.4. As a material inducement to City to enter into this Agreement, Consultant
hereby represents that it has the experience necessary to undertake the services to be
provided. In light of such status and experience, Consultant hereby covenants that it
shall follow the customary professional standards in performing all services.
1.5. By executing this Agreement, Consultant represents that, to the extent
required by the standard of practice, Consultant (a) has investigated and considered the
scope of services to be performed, (b) has carefully considered how the services should
be performed, and (c) understands the facilities, difficulties and restrictions attending
performance of the services under this Agreement.
2.0 Term
This Agreement is effective as of -the Effective Date and shall remain in full force
and effect for a period of three years, unless sooner terminated as provided in Section 5
herein. The City shall have the option to extend the term of this agreement for up to two
additional two-year terms.
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3.0 Consultant's Compensation
City will pay Consultant in accordance with the fee schedule set forth in Exhibit A
for Services but in no event will the City pay more than $49,080 during the initial three-
year term. If the City exercises its option under Section 2 to extend the term of the
agreement, the City will in no event pay more than $37,720 during the given two-year
extended term. Consultant will not be compensated for any work performed not
specified in the Scope of Services unless the City authorizes such work in advance and
in writing. The City Manager may authorize payment for such work up to a cumulative
maximum of $10,000. Payment for additional work in excess of $10,000 requires prior
City Council authorization. Any additional work authorized by the City pursuant to this
Section will be compensated in accordance with the schedule set forth in Exhibit A.
4.0 Method of Payment
4.1. Consultant shall submit to City monthly invoices for all services rendered
pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end
of the month during which the services were rendered and shall describe in detail the
services rendered during the period, the days worked, number of hours worked, the
hourly rates charged, and the services performed for each day in the period. City will
pay Consultant within 30 days of receiving Consultant's invoice. City will not withhold
any applicable federal or state payroll and other required taxes, or other authorized
deductions from payments made to Consultant.
4.2. Upon receipt of 24 hours' notice from City, Consultant shall allow City or
City's agents or representatives to inspect at Consultant's offices during reasonable
business hours all records, invoices, time cards, cost control sheets and other records
maintained by Consultant in connection with this Agreement. City's rights under this
Section 4.2 shall survive for two years following the termination of this Agreement.
5.0 Termination
5.1. This Agreement may be terminated by City, without cause, or by
Consultant based on reasonable cause, upon giving the other party written notice
thereof not less than thirty 30 days prior to the date of termination.
5.2. This Agreement may be terminated by City upon 10 days' notice to
Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement
of comprehensive general liability insurance as required by this Agreement at least 20
days before the expiration date of the previous policy.
6.0 Party Representatives
6.1. The City Manager is the City's representative for purposes of this
Agreement.
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6.2. Jon Kinley is the Consultant's representative for purposes of this
Agreement.
7.0 Notices
7.1. All notices permitted or required under this Agreement shall be deemed
made when personally delivered or when mailed 48 hours after deposit in the United
States Mail, first class postage prepaid and addressed to the party at the following
addresses:
To City: City of Seal Beach
211 - 8th Street
Seal Beach, California 90740
Attn: City Manager
To Consultant: ECIS
26 Dauphin
Dana Point, CA 92629
Attn: Jon Kinley, President
7.2. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
8.0 Independent Contractor
8.1, Consultant is an independent contractor and not an employee of the City.
All services provided pursuant to this Agreement shall be performed by Consultant or
under its supervision, and all personnel shall possess the qualifications, permits, and
licenses required by State and local law to perform such Services, including, without
limitation, a City of Seal Beach business license as required by the Seal Beach
Municipal Code. Consultant will determine the means, methods, and details of
performing the services. Consultant shall be solely responsible for the satisfactory work
performance of all personnel engaged in performing the services and compliance with
the customary professional standards.
8.2. Any additional personnel performing services under this Agreement on
behalf of Consultant shall also not be employees of City and shall at all times be under
Consultant's exclusive direction and control. Consultant shall pay all wages, salaries,
and other amounts due such personnel in connection with their performance of services
under this Agreement and as required by law. Consultant shall be responsible for all
reports and obligations respecting such additional personnel, including, but not limited
to: Social Security taxes, income tax withholding, unemployment insurance, disability
insurance, and workers' compensation insurance.
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8.3. Consultant shall indemnify and hold harmless City and its elected officials,
officers and employees, servants, designated volunteers, and agents serving as
independent contractors in the role of City officials, from any and all liability, damages,
claims, costs and expenses of any nature to the extent arising from Consultant's
personnel practices. City shall have the right to offset against the amount of any fees
due to Consultant under this Agreement any amount due to City from Consultant as a
result of Consultant's failure to promptly pay to City any reimbursement or
indemnification arising under this Section 8.
9.0 Confidentiality
Consultant covenants that all data, documents, discussion, or other information
developed or received by Consultant or provided for performance of this Agreement are
deemed confidential and shall not be disclosed by Consultant without prior written
authorization by City. City shall grant such authorization if applicable law requires
disclosure. All City data shall be returned to City upon the termination of this
Agreement. Consultant's covenant under this Section shall survive the termination of
this Agreement.
10.0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior written
approval of City. Consultant is fully responsible to City for the performance of any and
all subcontractors.
11.0 Assignment
Consultant shall not assign or transfer any interest in this Agreement whether by
assignment or novation, without the prior written consent of City. Any purported
assignment without such consent shall be void and without effect.
12.0 Insurance
12.1. Liability Insurance. Consultant shall procure and maintain in full force and
effect for the duration of this Agreement insurance against claims for injuries to persons
or damages to property and professional negligence which may arise from or in
connection with the performance of the services hereunder by Consultant, and its
agents, representatives, employees and subcontractors.
12.2. Minimum Scope of Insurance. Unless otherwise approved by City,
coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability coverage
(occurrence form CG 0001).
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Insurance Services Office form number CA 0001 (Ed. 1/87) covering
Automobile Liability, code 1 (any auto).
Workers' Compensation insurance as required by the State of California
and Employer's Liability Insurance.
Professional Liability insurance. Consultant shall provide to City the
standard form issued by the carrier.
12.3. Minimum Limits of Insurance. Consultant shall maintain limits no less
than:
General Liability: $2,000,000 per occurrence and in the aggregate for
bodily injury, personal injury and property damage. Commercial General
Liability Insurance or other form with a general aggregate limit shall apply
separately to this Agreement or the general limit shall be twice the
required occurrence limit.
Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
Employer's Liability: $1,000,000 per accident and in the aggregate for
bodily injury or disease and Workers' Compensation Insurance in the
amount required by law.
12.4. Deductibles and Self-Insured Retentions. Consultant shall inform City of
any deductibles or self-insured retentions except with respect to professional liability
insurance.
12.5. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
12.5.1. City, its officers, officials, employees, designated volunteers
and agents serving as independent contractors in the role of City officials, are to be
covered as additional insureds as respects: liability arising out of activities performed
by or on behalf of Consultant; products and completed operations of Consultant;
premises owned, occupied or used by Consultant; or automobiles owned, leased, hired
or borrowed by Consultant. The coverage shall contain no limitations on the scope of
protection afforded to City, its officers, officials, employees, designated volunteers or
agents serving as independent contractors in the role of City officials which are not also
limitations applicable to the named insured.
12.5.2. For any claims related to this Agreement, Consultant's
insurance coverage shall be primary insurance as respects City, its officers, officials,
employees, designated volunteers and agents serving as independent contractors in the
role of City officials. Any insurance or self-insurance maintained by City, its officers,
officials, employees, designated volunteers or agents serving as independent
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contractors in the role of City officials shall be excess of Consultant's insurance and
shall not contribute with it.
12.5.3. Consultant's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the limits
of the insurer's liability.
12.5.4. Each insurance policy required by this clause shall be
endorsed to state that coverage shall not be canceled or materially modified except
after 30 days' prior written notice by first class mail has been given to City, or 10 days'
prior written notice by express overnight mail if cancellation is due to nonpayment of
premiums.
12.5.5 Each insurance policy, except for the professional liability policy,
required by this clause shall expressly waive the insurer's right of subrogation against
City and its elected officials, officers, employees, servants, attorneys, designated
volunteers, and agents serving as independent contractors in the role of City officials.
12.6. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VlII unless waived in writing by City's Risk
Manager.
12.7. Verification of Coverage. All insurance coverages shall be confirmed by
execution of endorsements on forms approved by City. The endorsements are to be
signed by a person authorized by that insurer to bind coverage on its behalf. All
endorsements are to be received and approved by City before services commence. As
an alternative to City forms, Consultant's insurer may provide complete, certified copies
of all required insurance policies, including endorsements effecting the coverage
required by these specifications.
13.0 Indemnification, Hold Harmless, and Duty to Defend
Consultant shall defend, indemnify, and hold the City, its officials, officers,
employees, volunteers and agents serving as independent contractors in the role of city
officials (collectively "Indemnitees") free and harmless from any and all claims,
demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or
equity, to property or persons, including wrongful death, in any manner arising out of or
incident to any acts or omissions of Consultant, its employees, or its agents in
connection with the performance of this Agreement, including without limitation the
payment of all consequential damages and attorneys' fees and other related costs and
expenses, except for such loss or damage arising from the sole negligence or willful
misconduct of the City. With respect to any and all such aforesaid suits, actions, or
other legal proceedings of every kind that may be brought or instituted against
Indemnitees, Consultant shall defend Indemnitees, at Consultant's own cost, expense,
and risk, and shall pay and satisfy any judgment, award, or decree that may be
rendered against Indemnitees. Consultant shall reimburse City and its directors,
7 of 11
officials, officers, employees, agents and/or volunteers, for any and all legal expenses
and costs incurred by each of them in connection therewith or in enforcing the indemnity
herein provided. Consultant's obligation to indemnify shall not be restricted to insurance
proceeds, if any, received by Consultant, the City, its directors, officials, officers,
employees, agents or volunteers. All duties of Consultant under this Section shall
survive termination of this Agreement.
14.0 Conflict of Interest
14.1. Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the Services, or which
would conflict in any manner with the performance of the Services. Consultant further
covenants that, in performance of this Agreement, no person having any such interest
shall be employed by it. Furthermore, Consultant shall avoid the appearance of having
any interest, which would conflict in any manner with the performance of the Services.
Consultant shall not accept any employment or representation during the term of this
Agreement which is or may likely make Consultant "financially interested" (as provided
in California Government Code §§ 1090 and 87100) in any decision made by City on
any matter in connection with which Consultant has been retained.
14.2. Consultant further warrants and maintains that it has not employed or
retained any person or entity, other than a bona fide employee working exclusively for
Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to
pay any person or entity, other than a bona fide employee working exclusively for
Consultant, any fee, commission, gift, percentage, or any other consideration contingent
upon the execution of this Agreement. Upon any breach or violation of this warranty,
City shall have the right, at its sole and absolute discretion, to terminate this Agreement
without further liability, or to deduct from any sums payable to Consultant hereunder the
full amount or value of any such fee, commission, percentage or gift.
14.3. Consultant warrants and maintains that it has no knowledge that any
officer or employee of City has any interest, whether contractual, noncontractual,
financial, proprietary, or otherwise, in this transaction or in the business of Consultant,
and that if any such interest comes to the knowledge of Consultant at any time during
the term of this Agreement, Consultant shall immediately make a complete, written
disclosure of such interest to City, even if such interest would not be deemed a
prohibited "conflict of interest" under applicable laws as described in this Subsection.
15.0 Equal Opportunity
Consultant affirmatively represents that it is an equal opportunity employer.
Consultant shall not discriminate against any subcontractor, employee, or applicant for
employment because of race, religion, color, national origin, handicap, ancestry, sex,
sexual orientation, or age. Such non-discrimination includes, but is not limited to, all
activities related to initial employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff, or termination.
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16.0 Labor Certification
By its signature hereunder, Consultant certifies that it is aware of the provisions
of Section 3700 of the California Labor Code that require every employer to be insured
against liability for Workers' Compensation or to undertake self-insurance in accordance
with the provisions of that Code, and agrees to comply with such provisions before
commencing the performance of the Services.
17.0 Entire Agreement
This Agreement contains the entire Agreement of the Parties with respect to the
subject matter hereof, and supersedes all prior negotiations, understandings, or
agreements. This Agreement may only be modified by a writing signed by both Parties.
18.0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall not
void or affect the validity of the other provisions of this Agreement.
19.0 Governing Law
This Agreement shall be governed by and construed in accordance with the laws
of the State of California.
20.0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either Party
as a result of this Agreement.
21.0 Waiver
No waiver of any default shall constitute a waiver of any other default or breach,
whether of the same or other covenant or condition. In no event shall the making by
City of any payment to Consultant constitute or be construed as a waiver by City of any
breach of covenant, or any default which may then exist on the part of Consultant, and
the making of any such payment by City shall in no way impair or prejudice any right or
remedy available to City with regard to such breach or default. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party
any contractual rights by custom, estoppel, or otherwise.
22.0 Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any
company or person, other than a bona fide employee working solely for Consultant, to
solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor
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has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other
consideration contingent upon or resulting from the award or making of this Agreement.
For breach or violation of this warranty, City has the right to rescind this Agreement
without liability. For the term of this Agreement, no member, officer or employee of City,
during the term of his or her service with City, shall have any direct interest in this
Agreement, or obtain any present or anticipated material benefit arising therefrom.
23.0 Attorneys' Fees
If a Party commences any legal, administrative or other action against the other
Party arising out of or in connection with this Agreement, the prevailing Party in such
action shall be entitled to have and recover from the losing Party all of its attorneys' fees
and other costs incurred in connection therewith.
24.0 Exhibits
All exhibits referenced in this Agreement are hereby incorporated into the
Agreement as if set forth in full herein. In the event of any material discrepancy
between the terms of any exhibit so incorporated and the terms of this Agreement, the
terms of this Agreement shall control.
25.0 Corporate Authority
The persons executing this Agreement on behalf of the Parties warrant that they
are duly authorized to execute this Agreement on behalf of said Parties and that by their
execution, the Parties are formally bound to the provision of this Agreement.
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IN WITNESS WHEREOF, the Parties hereto, through their respective authorized
representatives have executed this Agreement as of the date and year first above
written.
CITY OF SEAL BEACH CONSULTANT
Jill R. Ingram, City Manager CIZ
Name: A'i C- !4'jlcy
Its: A K.
Attest:
By: By:
Linda Devine, City Clerk
Name:
Its:
Approved as to Form:
By:
Quinn Barrow, City Attorney
11 Of 11
Alk
ECIS
ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES
SOURCE CONTROL SOLUTIONS
Date: 10-2-13
To: David Spitz lAssociate Engineerl City of Seal Beach
From: Jon Kinleyl President lEC/S
Re: FOG Program Proposal
Dear Mr. Spitz:
Pursuant to your request ECIS is pleased to present this proposal to implement a FOG Program consisting of
an annual FSE Grease Best Management Practices (GBMP)Inspections Program, quarterly Grease Control
Device Inspections (GCD1), and as needed FOG Plan Review services,for the City of Seal Beach (CSB).
WIV.
GBMJ 5. GREASE BEST MANAGEMENT PRACTICES INSPECTIONS
INSPECTION FREQUENCY. ECIS proposes to perform annual on-site, Grease Best Management
Practices(GBMPs) inspections at all FSE's listed currently, or in the./uture, within the CSB Source Control
Program database, that discharge FOG into sewer collections system, on an annual basis. ECISproposes to
inspect each FSE a total of two times, the initial inspection and then, if required, the return inspection. If
compliance is not obtained by the FSE after this second inspection, ECIS will notify CSB of all such FSE's,
along with all relevant information including the reasoms)for the issuance of the NON. This inspection
program is exactly the same as it is now currently being implemented.
INSPECTIONS.O.P. : ECISproposes to perform these inspections in accordance with all criteria as
outlined in the CSB GREASE CONTROL BEST MANAGEMENT PRACTICES INSPECTION REPORT.
ECISproposes to inspect for the following at these inspections: (1) Removal offood grinder(2)Inspect
Grease Collection Maintenance logs and Employee Training logs(3)Inspectfor installation and
maintenance of all Drain Screens(4)Inspect to ensure Food Waste BMPs 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 BMPposter(s)are located in approved areas.
NOTIFICATION PROCEDURE. ECISproposes to inform and give written notification of all instances of
Non-Compliance to the affected FSE, and how to obtain compliance, as described within the GREASE
CONTROL BEST MANAGEMENT PRACTICES INSPECTION REPORT
ECISproposes to inform CS8 of all FSE's found to be in Non-Compliance, with all enforcement procedures
beyond the established notification of non-complianceprocedure(s)by ECIS, to be CSB responsibility,
26 DAUPHIN •DANA POINT CA,92629 •PHOME.,FAX.- (949)481-8826•EMA1L.jk-in1ey0ecisg1obaLcotn
Alk
ECIS
ENVIRONMENTAL COMPLIANCE INSPECTION SER VICES
SOURCE CONTROL SOLUTIONS
COMPLIANCE OBTAINMENT: All FSE's in non-compliance will be given 30 days to obtain compliance
for anylall instances)of non-compliance found deemed to be structural such as the removal of garbage
grinders or the installation of drain screens,All FSE's found to be non compliant for non-structural issues
such as lack of employee training or lack of service receipts shall be given 14 days to obtain compliance.
GBMP FEE: ECISproposes to charge CSB a fee of$ 60.00 per FSE inspected.All return inspections due to
non-compliance will carry a fee of$60.00 per FSE,per visit.
EDUCATIONAL MATERIALS I DOCUMENTATION: ECISproposes to distribute all applicable and
relevant material related to the program to all known andlor affected FSE's at the time of the inspections.
DATABASE: ECIS proposes to include all information relevant to the program on the same Excel database
as the Grease InterceptorlTrap inspections. This information will be located within a separate worksheet
labeled "GBMP's„
ECISproposes to supply electronically, an updated copy of the Excel database to CSB within two weeks of
the end date of each inspection run.
GBMP PROGRAM COST ESTIMATION: Using the estimated number of 80FSE's subject to inspection,
(108 TOTAL FSE's minus 28 Exempt or closed FSE's) estimated annual cost of Grease BMP Inspection
Program without return inspection charge is$4,800.00(80 x$60). Because the level of non-compliance is
so difficult to estimate, ECIS estimates that out of 80FSE's, half(40), may be found to be non-compliant and
subject to return inspection, thus increasing the cost of the estimatedyearly program by an additional$
2,400-(40X$60).Estimated annual cost of GBMP Inspection Program, with all return inspection charzes
as outlined above is$ 7,200.00 ($4,800 + $2,400)
➢ GCDI'S GREASE CONTROL,DEVICE INSPECTIONS
INSPECTION FREQUENCY: ECISproposes to inspect all Gravity Grease Interceptors (GGI)and Hydro-
Mechanical Grease Interceptors(HGI)within CSB sewer service area on a quarterly(Every 3 months) basis.
This inspection program is exactly the same as it is now currently being implemented.
INSPECTIONS O.P. : ECISproposes to perform the following minimum at all inspections:
1. Contact customer.
2. Determine capacity and condition ofgrease interceptorltrap and record results.
3. Observe recent pumping manifests and or receipts-record on database.
4. Inform customer of all results andlor actions.
5. Issuance and,follow up of notice of non-compliance (NON) if necessary.
26 DAUPHIN •DANA POINT CA,92629 •PHONEIFAX (949)481-8826•EMAIL:
Jkin[ey @ecisglobai.com
Aft
ECIS
ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES
SOURCE CONTROL SOL UTIONS
DATABASE: ECIS proposes to gather, maintain, and provide a complete Excel database (?fall FSE's-which
do andlor 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:
I. Name-location of establishment,
2. Property owner, manager, contacts person name(s), and phone number(s).
3. Grease interceptorltrap location, number of inspection points, and volume in gallons.
4. Date of inspection, most recent pumping date, and condition of interceptorltrap.
5. Waste hauler names, addresses, and phone numbers.
6. NON issuance date(s), recheck dates, and results as well as anylall relevant information.
GCDI FEE: ECISproposes to charge CSB at a rate of Twenty(2 0)dollars per inspection point. An
inspection point is defined as any opening into the GG11HGI, designed for providing access to or obtaining a
sample(s).
PROGRAM COST ESTIMATION.• The following estimated cost breakdown is for the actual, and
anticipated, inspections of the known GCD's within CSB. Currently, (October 2013) there are 108 FSE's in
the CSB sewer service area. There are currently 89 inspection points(lids) between 37 GGIs and 12 HGIs,
Inspecting 89 lids on a quarterly basis will cost$7,120. —(89 X$20 X 4 =$7,120). In order to account for
future growth ECIS is adding another 12 lids (3grease interceptors) to the total. These 12 additional future
lids will cause a rise of an additional annual total of$960.00(12 x$20 x 4) Therefore the proposed
f total prop
annual program cost estimation for the GCDI program is$8,080.
ECIS proposes to supply electronically, an updated copy of the Excel database to CSB within two weeks of
the end date of each inspection run.
FOG PLAN REVIEW
FOG PLAN REVIEW SERVICES. ECIS proposes to also perform FOG Plan Review services as is
currently included in the existing agreement with no changes made. EC[Sproposes to charge$225 per plan.
ECIS estimates that there may be 6 FOG plan reviews performed over the next year of the new agreement.
This will add an additional$1,350 to the program cost.
26 DAUPHIN •DANA POINTCA,92629 -PHONETAX.• (949)481-8826-EMAIL.jkinleyCa,ecisglobal.cotiz
Amolk,
ECIS
ENVIRONMENTAL COMPLIANCE INSPECTION SER VICES
SOURCE CONTROL SOLUTIONS
INDIVIDUAL FOG PROGRAM COST ESTIMA TIONS:
➢ Quarterly GCD1 inspections: $8,080.
➢ Annual Grease BMP inspections: $7,200.
➢ Annual FOG Plan Review. $1,350
➢ Estimated yearly cost for all inspections programs is $16,630.
SUMMARY OF INSPECTIONS PROGRAM COST.
Job Service Cost
Grease Control Device Inspections(GCDI) $20 per lid inspection
Grease Best Management Practices Inspections(GBMP's) $70 per inspection
FPR—FOG Plan Review $225 per FSE
Consulting Fees, when services are required $75 per hour
Thank you David for allowing ECIS the opportunity to further assist CSB in its endeavors to create a cleaner
and safer coastal environment.. Please feel_ to contact me anytime with any questions or comments.
Respectfully submitted,
Jon C. Finley
President
ECIS
26 DAUPHIN •DANA MAIM,92629 •PHONEIFAX., (949)481-8826•EMAIL.jkitileyCecisglobal.coin
RESOLUTION NUMBER
& RESOLUTION Of THE SEAL BEACH CITY COUNCIL
APPROVING NEW AND AMENDED FEES RELATED TO THE
CITY'S FATS, OILS, AND GREASE REGULATIONS AND
INSPECTION PROGRAM
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. Chapter 9.25 of the Seal Beach Municipal Code contains a
comprehensive program to regulate the management, discharge, and control of
fetm, oi|o, and grease(FOG)from food service establishments(FSEa)hufacilitate
the beneficial public use of the City's sanitary sewer collection oyaUam while
preventing b|oohogan of sewer lines resulting from discharges of F0(3 to the
system, and to specify appropriate requirements for discharging FOG into the
City's sewer system ho protect the public health and safety.
Section 2. The City ofSeal Beach is authorized to impose reasonable
fees for municipal programs and permitting costs that do not exceed the City's
related unsto, and the City Council hereby determines that the City's FOG
Program fees should be amended to cover or substantially cover the actual costs
of administering the City's FOG program as follows:
A. Permit issuance fee $50 each
B. Plan review fee $225 each
CIR`Grease control device lid inspection fee $30 each
(4 inspections per year)
DG.Best Management Practices (Bk8P)inspection fee $§0-40 each
0 inspection per FSE Per year)
ED.Grease disposal mitigation/waiver fee $500
annually
F. $38 each
return visit
G. $60 each
return visit
Hf. Non-compliance sewer cleaning fee $180 per
hour
KG. Non-compliance sewer video inspection fee $300 per
hour
Section 3. The City Counoil hereby adopts the new or amended fees
specified in Section 2of this Resolution. Except as expressly amended by this
Resolution, the City's fees shall remain n<hemWae unchanged. The City Clerk
shall add the FOG Program fees, aa amended, k/the City's fee schedule.
Resolution Number G44O
PASSED. APPROVED AND ADOPTED by the Son| Beach City Council at
regular meeting held nnthe 24thL_day of1February^2014by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Mayor
ATTEST:
City Clerk
STATE UFCALIFORNIA >
COUNTY{>FORANGE > SS
CITY OF SEAL BEACH }
|. Linda Dovine, City Clerk of the City of Seal Beooh, do hereby certify that the
foregoing resolution is the original copy of Resolution Number_ 6440 on file in
the office of the City Clerk, passed, approved, and adopted by the City Council at
a regular meeting held on the 24thL_day of .2014.
City Clerk