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HomeMy WebLinkAbout25E - AGMT - ENVIRONMENTAL CLEAN SRVSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 16, 2019 TITLE: APPROVE SECOND AMENDMENT TO THE AGREEMENT WITH OCEAN BLUE ENVIRONMENTAL SERVICES, INC., IN THE AMOUNT OF $102,000 FOR SPILL RESPONSE, STORM DRAIN FACILITY CLEANING, CRIME SCENE CLEANUP, AND JAIL CELL DECONTAMINATION SERVICES FOR A NEW TOTAL AGREEMENT AMOUNT OF $1,222,000 {STRATEGIC PLAN NO. 6, 1C} CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2n1 Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute a second amendment to the Agreement with Ocean Blue Environmental Services, Inc., to increase the annual expenditure amount for the one-year term ending June 19, 2020, by $57,000, and increase the annual expenditure amount for the optional one-year extension term ending June 19, 2021, by $45,000, if exercised, for a total increase of $102,000, for a new total agreement amount of $1,222,000, subject to non -substantive changes approved by the City Manager and City Attorney. Authorized by the Federal Clean Water Act, the National Pollutant Discharge Elimination System (NPDES) Permit program was established in 1972 to mitigate pollutant discharges to waters of the United States and to maintain water quality standards. In California, this program is regulated by the State Water Resources Control Board through its nine Regional Water Quality Control Boards. Compliance with the NPDES Permit includes the cleaning of all City -owned storm drain facilities and the removal of hazardous materials and pollutant spills that could potentially discharge into the City's storm drain system. The City of Santa Ana entered into an agreement with Ocean Blue Environmental Services, Inc. on June 20, 2017. The primary function of this agreement is for City -owned storm drain facility cleaning and hazardous materials spill response. However, additional services are also provided under this agreement for crime scene cleanup and jail cell decontamination. 25E-1 Agreement Amendment with Ocean Blue Environmental Services, Inc. July 16, 2019 Page 2 On September 18, 2018, the first agreement amendment was approved to expand the scope of services and adjust the amount to be expended. Due to increased usage by the Police Department, there is a need to further increase the annual expenditure amount of this agreement by $46,000 for both the remaining FY 2019-20 term and the optional extension in FY 2020-21. The allocation for the Public Works Agency will remain at $225,000 annually for spill response and storm drain facility cleaning. The allocation for the Police Department will increase from $55,000 to $100,000 for crime scene cleanup and jail cell decontamination services. This increase is primarily the result of call out requests for jail cell decontamination. The Jail has experienced an increased number of instances where biohazardous waste clean-up is required and Jail Management wants to ensure that the clean-up is performed in a safe and responsible manner. This agreement amendment also provides for $12,000 to pay for work performed from June 20, 2018, through June 19, 2019, as there was not enough spending authority in FY 2018-19 for the Police Department to pay these invoices. These changes increase the FY 2019-20 Agreement amount by $57,000 and the optional FY 2020-21 extension by $45,000. The total budget over the lifetime of the Agreement is $1,222,000. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal # 6 — Community Facilities & Infrastructure, Objective # 1 (establish and maintain a Community Investment Plan for all City assets), Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard). FISCAL IMPACT The current agreement approves annual expenditures of $280,000 — allocating $225,000 annually for the Public Works Agency, and $55,000 annually for the Police Department. The requested amendment will increase the Police Department annual allocation to $112,000 in FY 2019-20 and $100,000 in FY 2020-21. Sufficient funds are included in the proposed FY 2019-20 budget in the accounts listed below and will be budgeted in FY 2020-21, as depicted, if the optional extension is exercised. Accounting Fiscal Unit— Fund Description Accounting Unit, Amount Year Account Account Description No. Federal Clean Water Federal Clean Water FY19-20 05717640- Protection Enterprise Protection Enterprise, $225,000 62300 (Public Works Contract Services - Agency Professional 25E-2 Agreement Amendment with Ocean Blue Environmental Services, Inc. July 16, 2019 Page 3 FYI 9-20 01114420- General Fund Field Operations, Contract Services- $50,000 62300 (Police Department) Professional Accounting Fiscal Unit — Fund Description Accounting Unit, Amount Year Account Account Description No. 01114475- General Fund Jail Operations, Contract $62,000 FY19-20 62300 Police Department Services -Professional FYI 9-20 SUBTOTAL: $337,000 OPTIONAL EXTENSION Federal Clean Water Federal Clean Water FY20-21 05717640- Protection Enterprise Protection Enterprise, $225,000 62300 (Public Works Contract Services - Professional FY20-21 01114420- General Fund Field Operations, Contract Services- $50,000 62300 (Police Department) Professional FY20-21 01114475- General Fund Jail Operations, Contract $50,000 62300 Police Department Services -Professional FY20-21 SUBTOTAL: $325,000 APPROVED AS TO FUNDS AND ACCOUNTS: Fuad S. Sw 'ss, PE, PLS Kathryn Do ns, CPA Executive Di ector Executive Director Public Work Agency Finance and Management Services Agency �✓L e-k-• David alentin Chief f Police Santa Ana Police Department FSS/TC/CF/RC Exhibit: 1. Second Agreement Amendment with Ocean Blue Environmental Services, Inc. 25E-3 25E-4 EXHIBIT 1 SECOND AMENDMENT TO AGREEMENT TO PROVIDE SPILL RESPONSE AND STORM DRAIN FACILITY CLEANING SERVICES THIS SECOND AMENDMENT to the above -referenced agreement is entered into on July 16, 2019, by and between Ocean Blue Environmental Services; Inc. ("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 No. A-2017-156, dated June 20, 2017, by which Consultant agreed to provide spill response and storm drain cleaning services ("Agreement'). The original term of the Agreement was for two years and has been extended for the additional one-year period ending June 19, 2020, with provision for one additional year. B. The primary purpose of the Agreement is for spill response and storm drain services, though related services are also provided under the Agreement for crime scene clean-up and jail cell decontamination at the direction of the Santa Ana Police Department. C. On September 18, 2018, the parties entered into First Amendment No. A-2018-226, by which the Agreement was amended to expand the scope of services and adjust the amount to be expended under the Agreement. D. The parties now wish to further amend the Agreement to increase the amount to be expended under the Agreement. The Parties therefore agree: 1. Section 2, Compensation, is amended to increase the not -to -exceed expenditure under the Agreement from $280,000 to S337,000 for the one-year term ending on June 19, 2020. This increased amount may be utilized to pay Consultant for work completed during the original term of the Agreement. For the one year -term ending on June 19, 2021, if exercised, the not - to -exceed expenditure shall be increased from $280,000 to $325,000. 2. Except as modified by this Second Amendment, and all prior amendments, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above. ATTEST NORMA MITRE Clerk of the Council CITY OF SANTA ANA KRISTINE RIDGE City Manager Page t of 2 25E-5 APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By:. JOHN M.FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL FUAD S. SWEISS, PE, PLS Executive Director Public Works Agency CONSULTANT --Name: J.ast� Lc� Title: �cec RECOMMENDED FOR APPROVAL DAVID VALENTIN Chief of Police Santa Ana Police Department Page 2 of 2 25E-6