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HomeMy WebLinkAboutCC AG PKT 2005-07-11 #S AGENDA REPORT DATE: July 11, 2005 TO: Mayor and Members of the City Council % • / THRU: John B. Bahorski, City Manager FROM: Mark K.Vukojevic, P.E., Director of Public Works, City Engineer SUBJECT: AWARD PROFESSIONAL SERVICES CONTRACT FOR FATS, OILS, AND GREASE ( "FOG ") INSPECTION SERVICES SUMMARY OF REQUEST: The proposed City Council action will adopt Resolution Number and authorize the City Manager to execute a professional services agreement to retain ECIS to perform on -call Fats, Oils and Grease ( "FOG ") inspection services for the City of Seal Beach. BACKGROUND: As a result of the Santa Ana Regional Water Quality Control Board Order (No. R8- 2002 - 0014), the City implemented a Fats, Oils, and Grease ( "FOG ") Control Program. This Program will help reduce the discharge of FOG into the sewer system, which is a leading cause of sewer blockage, sewage overflows, beach contamination and closures. 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 the next step to implement and enforce the Ordinance. Staff developed a FOG manual and permits to comply with the December 30, 2004 deadline. This program included the inspection of all restaurant facilities for proper grease control best management practices. Failure to comply puts the City in violation of the Order potentially exposing the City to large fines by the Board. As part of the FOG Ordinance, the manual and inspections apply to existing and new restaurants and will be used as a tool and reference for restaurant owners and managers to effectively control discharges of FOG into the City's sewer system. The new permit will be used to implement an inspection program to monitor grease control devices such as grease traps, grease interceptors, and kitchen best management practices. The fees associated with the permit will be used to help the City recover costs to administer this program on a yearly basis. The Department inventoried 102 food facilities in the City and 70 were identified as a "Food Service Establishments (FSE's)" per the City Ordinance. Based on the City's fee study, a "base" fee was recommended for all 102 food facilities to cover costs to inventory and process the fee on an annual basis (see attached fee study). However, City Council approved to waive the fees for 32 facilities since they do not discharge grease and are not covered by the FOG Ordinance. Agenda Item S From the group of 70 FSE's, an inspection program was created to monitor FOG discharge. 24 FSE's were identified as FOG producers with adequate grease control devices and 46 were identified without adequate grease control devices. As a result of having inadequate grease protection, the 46 FSE's will rely on kitchen best management practices (BMP) to control the amount of FOG they produce. Any cost increases to the City, additional services, and materials provided by the City, not listed above such as spill response or additional sewer main line cleaning due to accumulation of FOG will be billed directly to the responsible party for actual costs incurred on a time and material basis. Any delinquencies, penalties, appeals, hearings, suspensions, revocations, violations, and enforcements are established by the FOG Ordinance. FSE's requesting a permit within a calendar year shall have the fees pro -rated on a month end basis. The program requires $170 for FSEs with grease protection and $590 for FSE without adequate grease protection, under full implementation. As a part of the Ordinance, FSE's have the option between changing their permit categories by installing grease control devices individually or sharing devices between multiple FSE's. In addition, the Ordinance also describes the ability for FSE's to pursue variances from the City based upon demonstrating that their (FSE' S) FOG discharge is negligible. The program fees will be collected with all new food facility business licenses or renewals. ECIS will perform inspections of each restaurant facility, including all grease traps and interceptors. This inspection will 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. In summary, the contract will enter the City into an agreement with a competent firm to perform engineering and FOG inspection services on an "on- call" basis. The benefits of retaining a private firm include the augmentation of services currently provided by the Department of Public Works and to enable City staff to focus on core Public Works /Engineering needs. Historically, the Public Works Department entered into several professional services agreements with consulting firms for general and specific engineering support of the Department and the Capital Improvement Program. The long term agreements have benefited the City by maintaining expert resources on -call on an expedient as needed basis. These resources have come highly qualified and recommended from other agencies. The firms become very familiar with the City's unique infrastructure that results in cost savings because of reduced learning curves. The process also saves administrative costs for preparing and evaluating requests for qualifications and proposals for every project. To date, the City has retained individual on -call contracts for Public Works, utilities engineering, project management, construction management, traffic engineering, street and highway engineering, coastal engineering, and facilities engineering. Prior to starting any work, the consultant will submit a detailed task order scope, schedule, and overall project estimate as well as a not to exceed cost. No work begins until evaluation and written approval by the Director of 2 Public Works. As needed, the Department prepares and invites other firms to propose on projects. FISCAL IMPACT: Revenues from the FOG fees will reimburse the Sewer Operations and Maintenance account. The annual contract amount is estimated to be less than $30,000. Funds are available in the Sewer Contract Professional Services account for FY 2005/2006. RECOMMENDATION: Staff recommends that the City Council adopt Resolution Number and authorize the City Manager to execute a professional services agreement to retain ECIS to perform on -call Fats, Oils and Grease ( "FOG ") inspection services for the City of Seal Beach. Prepared By: I• Gary LaF5g 7 Assistant City Engineer Reviewed By: l . 1 Mar K. Vukojevic, P.E. Director Public Works /City Engineer NOTED • _ D APPR • '`ED: Ai 1 ±., LE I John B. B 7 .r 7, $ ity Manager Attac - Professional Services Agreement Resolution 3 RESOLUTION NUMBER 5359 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF SEAL BEACH AND ECIS FOR ON -CALL FATS, OILS AND GREASE ( "FOG ") INSPECTION SERVICES The City Council of the City of Seal Beach hereby resolves as follows: SECTION 1. The City Council hereby approves the Professional Services Agreement between the City of Seal Beach and ECIS for on -call FOG Inspection Services. SECTION 2. The Council hereby directs the City Manager to execute the Professional Services Agreement with ECIS. PASSED, APPROVED AND ADDOPTED by the City Council of the City of Seal Beach this 1 lth day of July 2005 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 ) I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing Resolution is the original copy of Resolution Number 5359 on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach at a meeting thereof held on the 1 lth day of July , 2005. City Clerk