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HomeMy WebLinkAbout25E - AGMT - FATS OILS GREASE PROGRAM REQUEST FOR COUNCIL ACTION_ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 4, 2012 TITLE: APPROVED ? As Recommended SECOND AMENDMENT TO AGREEMENT ? As Amended Reading 1 s' WITH ENVIRONMENTAL ENGINEERING El Ordinance on El Ordinance on 2n "d Reading AND CONTRACTING, INC. FOR FATS, OILS, ? Implementing Resolution AND GREASE PROGRAM MANAGEMENT ? Set Public Hearing For SERVICES 2. CONTINUED TO 1: . FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute the attached second amendment to the 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 $220,000. 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 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 out, and one proposal was received and evaluated by a selection committee. Environmental Engineering and Contracting, Inc. (EEC) was highly rated based on its 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 3 one-year renewals. The services EEC provides include inspection of new food service establishments (FSEs), training and support of City sanitation inspectors, support and maintenance of the FSE database, coordination with other agencies to insure 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 the agreement without increasing prices. Staff recommends that the current agreement with EEC be renewed for a one-year term. This is the second of three possible one-year renewals. 25E-1 Second Amendment to Agreement with Environmental Engineering and Contracting, Inc. for Fats, Oils, and Grease Program Management Services June 4, 2012 Page 2 ENVIRONMENTAL IMPACTS There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in the Sanitary Sewer Service Account (accounting unit 05617640-62300). APPROVED AS TO FUNDS AND ACCOUNTS: Raul Godinez II Francisco Gutierrez C r zJ i Executive Director Executive Director Public Works Agency Finance & Management Services Agency RG/RR Exhibits: 1. Second Amendment to Agreement 25E-2 SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT is entered into on June 4, 2012, 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 Agreement A-2010-079, dated May 3, 2010, (hereinafter "said Agreement") by which Consultant has provided 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 insure compliance with regulatory requirements, and technical support to City staff for all fats, oils, and grease (FOG) related issues. B. The parties executed a First Amendment A-2010-079-01, dated June 6, 2011, to extend the term and add compensation to pay for services during the extended term. C. In accordance with the terms and conditions of said Agreement, the parties wish to amend said Agreement a second time to exercise the option to extend for an additional one-year term and increase the amount of compensation to pay for services during the extended term. 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 Second Amendment to Agreement, the parties agree as follows: 1. Section 2, COMPENSATION, shall be amended to increase compensation by $220,000.00, to pay for an additional year of services, at rates set forth in said Agreement, during FY 2012- 2013. 2. Section 3, TERM, shall be amended to extend the term for an additional one-year period, through June 30, 2013. The term may be extended for an additional one-year period, upon the exercise of the option by the City. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. EXHIBIT I 25E-3 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement on the date and year first written above. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR PAUL M. WALTERS Clerk of the Council Interim City Manager APPROVED AS TO FORM: ENVIRONMENTAL ENGINEERING AND SONIA R. CARVALHO CONTRACTING, INC. City Attorney By: Laura Sheedy (NAME) Assistant City Attorney (Title) RECOMMENDED FOR APPROVAL: RAUL GODINEZ, II Executive Director -PWA 25E-4