HomeMy WebLinkAbout25D - AGMT - GREASE PROG MANAGEMENT SRVS
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
JUNE 17, 2013
TITLE: APPROVED
? As Recommended
THIRD AMENDMENT TO AGREEMENT ? As Amended
WITH ENVIRONMENTAL ENGINEERING & ? Ordinance on Reading
El Ordinance on 2 n "d Reading
CONTRACTING, INC., FOR FATS, OILS, & ? Implementing Resolution
GREASE PROGRAM MANAGEMENT ? Set Public Hearing For
SERVICES
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Authorize the City Manager and Clerk of the Council to execute a third amendment to the agreement
with Environmental Engineering and Contracting, Inc., subject to non-substantive 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 $300,000.
DISCUSSION
The above recommended action is intended to allow the City to benefit from the option to extend a
third one-year renewal. The contractor has agreed to cap costs at Fiscal Year 2012/13 rates. During
Fiscal Year 2013/14, staff will complete a Request for Proposals process to solicit proposals from
qualified service providers.
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 (FSE)
into 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
FSEs to ensure compliance with the ordinance. The FOG ordinance and control program are
requirements of the California State Water Quality Control Board.
On May 3, 2010, the Council awarded an agreement to Environmental Engineering and Contracting,
Inc., (EEC) for a one-year term, with the provision for three one-year renewals. The services EEC
provides include inspection of new food service establishments, 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.
Subsequently, the Council approved two amendments, on June 6, 2011, and June 4, 2012,
respectively, each extending the agreement for an additional one-year term. During the three years
that EEC been under contract, they have continued to provide exceptional quality services and have
successfully completed all elements of the agreement. EEC has agreed to renew the agreement to
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Third Amendment to Agreement with Environmental Engineering & Contracting, Inc.
June 17, 2013
Page 2
manage the City's FOG control program without increasing prices. Staff recommends amending the
agreement with EEC for a final one-year renewal term.
ENVIRONMENTAL IMPACTS
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds are available in the Sanitary Sewer Service Account (Account 05617640-62300).
APPROVED AS TO FUNDS AND ACCOUNTS:
Raul Godinez II, .E. Francisco Gutierrez
Executive Director Executive Director
Public Works Agency Finance & Management Services Agency
RG/CB/RR
Exhibit: 1. Third Amendment to Agreement
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THIRD AMENDMENT TO AGREEMENT
THIS THIRD AMENDMENT TO AGREEMENT is entered into on June 17, 2013, 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. By amendments dated June 6, 2011, and June 4, 2012, the parties agreed to extend the term of
said Agreement 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 third 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 Third Amendment to
Agreement, the parties agree as follows:
1. Section 2, COMPENSATION, shall be amended to increase compensation by $300,000.00,
to pay for an additional year of services, at rates set forth in said Agreement, during FY 2013-
2014.
2. Section 3, TERM, shall be amended to extend the term for an additional one-year period,
through June 30, 2014.
3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in
full force and effect.
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IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Agreement
on the date and year first written above.
ATTEST: CITY OF SANTA ANA
MARIA D. HUIZAR KEVIN O'ROURKE
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
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