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HomeMy WebLinkAbout25H - AGMT - FATS OILS AND GREASE MGMT PROGRAMREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 6, 2011 TITLE: FIRST AMENDMENT TO AGREEMENT WITH ENVIRONMENTAL ENGINEERING & CONTRACTING, INC. PROGRAM MANAGEMENT SERVICES CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 151 Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached first amendment to agreement with Environmental Engineering and Contracting, Inc., subject to nonsubstantive changes approved by the City Manager and City Attorney, to provide fats, oils, and grease control program management services in an amount not to exceed $180,000. DISCUSSION In October 2004, the City adopted an ordinance amending Chapter 39 of the Santa Ana Municipal Code to control the discharge of fats, oils and grease (FOG) from food service establishments to the City's sewer collection system. In January 2005, the City's Public Works Agency began implementation of a comprehensive FOG control program that includes regular inspections of all food service establishments to insure compliance with the ordinance. The FOG ordinance and program are required by the California State Water Quality Control Board. In 2010 Requests for Proposals for fats oils and grease program management services were sent and one proposal was received and evaluated by a selection committee. Environmental Engineering and Contracting, Inc. (EEC) was highly rated based on their detailed scope of services, understanding of the project, qualifications and experience with similar projects. On May 3, 2010, the Council awarded an agreement to EEC for a one year term, with provision for three-one year renewals. The services EEC provides include inspection of new food service establishments (FSE's), training and support of City Sanitation Inspectors, support and maintenance of the FSE database, coordination with other agencies to ensure compliance with regulatory requirements, and technical support to City staff for all FOG related issues. EEC has performed all contractual services satisfactorily and has agreed to renew agreement without increasing prices. Staff recommends that the current agreement with EEC be renewed for an additional one year term. This is the first of three possible one year renewals. 25H-1 First Amendment to Agreement with Environmental Engineering & Contracting, Inc. June 6, 2011 Page 2 ENVIRONMENTAL IMPACTS There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in the sanitary sewer service program (accounting unit 05617640-62300). Raul Godinez I Executive Direc r Public Works Agency RG/RR Exhibits: 1. First Amendment to Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25H-2 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on June 6, 2011, by and between Environmental Engineering and Contracting, Inc., a California corporation ("Consultant") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS: A. The parties entered into that certain Agreement A-2010-079, dated May 3, 2010, (hereinafter .,said Agreement") by which Consultant has provided inspection services to ensure food service establishments are in compliance with the City's Fats, Oil and Grease regulations B. In accordance with the terms and conditions of said Agreement, the City wishes to exercise its first option to extent the terms and conditions of said Agreement for an additional one-year period. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: Section 3, TERM, shall be amended to extend the term for an additional one-year period, through June 30, 2012. The term may be extended for up to two additional one-year periods, upon the exercise of the option by the City. 2. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council CITY OF SANTA ANA DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney ENVIRONMENTAL ENGINEERING AND CONTRACTING, INC. JOHN SHAFFER President EXHIBIT 1 25H-3 25H-4