Contract - EEC Environmental - 2021-06-28AGREEMENT FOR FATS OIL GREASE (FOG) CONTROL PROGRAM
MANAGEMENT AND INSPECTION SERVICES
This Agreement ("AGREEMENT') is made and effective as of June 28,
2021, between the Costa Mesa Sanitary District, a sanitary district ("DISTRICT'),
and EEC Environmental, Inc., a corporation ("CONSULTANT"). In consideration of
the mutual covenants and conditions setforth herein, the parties agree as follows:
Recitals
WHEREAS, the California State Water Resources Control Board has adopted
Statewide General Waste Discharge Requirements in Order No. 2006-0003, hereinafter
referred to as "GWDR", which requires: A proactive approach that requires Enrollees to
ensure a system -wide operation, maintenance, and management plan is in place that
will reduce the number and frequency of SSOs (Sanitary Sewer Overflows) within the
state. This approach will in turn decrease the risk of human health and the environment
caused by SSOs; and
WHEREAS, to comply with the GWDR, the DISTRICT has adopted a fats,
oil and grease (hereinafter referred to as "FOG") control program and codified the
program in Chapter6.07 of the DISTRICT'S Operations Code; and
WHEREAS, on April 19, 2021 the DISTRICT began soliciting proposals
from qualified FOG control experts to manage the DISTRICT'S FOG Control
Program and comply with the GWDR and with Chapter 6.07 of the District's Operations
Code; and
WHEREAS, on May 20, 2021, CONSULTANT submitted a proposal that is
considered "Best Value" and the DISTRICT has determined that CONSULTANT is fully
qualified to provide the services required by this Agreement; and
WHEREAS, the DISTRICT desires to enter into an Agreement with
CONSULTANT to provide the services described herein.
NOW, THEREFORE the parties hereto agree as follows:
This Agreement shall commence on July 1, 2021 and shall remain and continue
in effect until June 30, 2026. The DISTRICT shall have the right to extend the term of
the Agreementfor three additional one-yearterm.
PSA 12 10
2. SERVICES
CONSULTANT shall perform the tasks described and set forth in Exhibit A,
attached hereto and incorporated herein as though setforth in full.
3. PERFORMANCE
CONSULTANT shall, at all times, faithfully, competently, and to the best of
his/her/its ability, experience, and talent perform all tasks described herein.
CONSULTANT shall employ, at a minimum, generally accepted standards and
practices utilized by persons engaged in providing similar services as are required of
CONSULTANT hereunder in meeting its obligations under this AGREEMENT.
CONSULTANT shall warrant that all services provided and equipment installed shall
perform in a workmanlike man ner and befit for its particular purpose.
4. DISTRICT MANAGEMENT
The General Manager shall represent DISTRICT in all matters pertaining to
the administration of this AGREEMENT, including review and approval of all
products submitted by CONSULTANT. Notwithstanding the foregoing, the General
Manager's authority to enlarge the tasks to be performed or change
CONSULTANT's compensation is subject to Section 5 hereof.
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(a) DISTRICT agrees to pay CONSULTANT notto exceed One Hundred Two
Thousand Nine Hundred Fifty Dollars ($102,950.00) per year unless additional
payment isapproved as provided in this AGREEMENT. Said sum includes travel and
other costs.
(b) CONSULTANT shall not be compensated for any services rendered in
connection with its performance of this AGREEMENT that are in addition to those set
forth herein, unless such additional services are requested in a written change order
and are approved in advance and in writing by DISTRICT. The written change
order requirement cannot be waived. The General Manager may approve change
orders for additional work not to exceed the cumulative value of ten percent (10%)
of the total contract sum. Any additional work in excess of this cumulative
amount shall be approved by the Board of Directors.
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(c) CONSULTANT will submit invoices upon task completion unless
otherwise agreed. Payment shall be made within thirty (30) days of receipt of each
invoice as to all non -disputed fees. If DISTRICT disputes any of CONSULTANT's fees
DISTRICT shall give written notice to CONSULTANT within thirty (30) days of receipt of
an invoice of any disputed fees contained in the invoice.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE
(a) The DISTRICT may, at any time, for any reason, with or without cause,
suspend or terminate this AGREEMENT, or any portion hereof, by serving upon the
CONSULTANT written notice. Upon receipt of said notice, the CONSULTANT shall
immediately cease all work under this AGREEMENT, unless the notice provides
otherwise. If the DISTRICT suspends or terminates a portion of this AGREEMENT
such suspension or termination shall not make void or invalidate the remainder of this
AGREEMENT.
(b) In the event this AGREEMENT is terminated pursuant to this Section, the
DISTRICT shall pay to CONSULTANT the actual value of the work performed up to the
time of termination, provided that the work performed is of value to the DISTRICT.
CONSULTANT shall immediately turn over all work -product to DISTRICT in a readily
usable form. Upon termination of the AGREEMENT pursuant to this Section, the
CONSULTANT will submit an invoice to the DISTRICT pursuant to Section 5.
7. DEFAULT OF CONSULTANT
(a) The CONSULTANT's failure to comply with the provisions of this
AGREEMENT shall constitute a default. In the event that CONSULTANT is in default
for cause under the terms of this AGREEMENT, DISTRICT shall have no obligation or
duty to continue compensating CONSULTANT for any work performed after the date of
default and can terminate this AGREEMENT immediately by written notice to the
CONSULTANT. If such failure by the CONSULTANT to make progress in the
performance of work hereunder arises out of causes beyond the CONSULTANT's
control, and without fault of negligence of the CONSULTANT, it shall not be considered
a default.
(b) As an alternative to the procedure for immediate termination for default set
forth in subparagraph (a), if the District Manager or his/her delegate determines that the
CONSULTANT is in default in the performance of any of the terms or conditions of this
AGREEMENT, he/she may in his/her discretion cause to be served upon the
CONSULTANT a written notice of the default and demand to cure. The CONSULTANT
shall have ten (10) days after service upon it of said notice to cure the default by
rendering a satisfactory performance. In the event that the CONSULTANT fails to cure
its default within such period of time, the DISTRICT shall have the right, notwithstanding
any other provision of this AGREEMENT, to terminate this AGREEMENT without further
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notice and without prejudice to any other remedy to which it may be entitled at law, in
equity or under this AGREEMENT.
8. OWNERSHIP OF DOCUMENTS
(a) CONSULTANT shall maintain complete and accurate records with respect
to the professional services required by this AGREEMENT and will produce the work
product specified in Exhibit A and other such information required by DISTRICT that
relate to the performance of services under this AGREEMENT. CONSULTANT shall
maintain adequate records of services provided in sufficient detail to permit an
evaluation of services. All such records shall be maintained in accordance with
generally accepted accounting principles and shall be clearly identified and readily
accessible. CONSULTANT shall provide free access to the representatives of
DISTRICT or its designees at reasonable times to such books and records; shall give
DISTRICT the right to examine and audit said books and records; shall permit
DISTRICT to make transcripts therefrom as necessary; and shall allow inspection of all
work, data, documents, proceedings, and activities related to this AGREEMENT. Such
records, together with supporting documents, shall be maintained for a period of three
(3) years after receipt of final payment.
(b) Upon completion, termination, or suspension of this AGREEMENT, all
work product reduced to any medium and other documents prepared in the course of
providing the services to be performed pursuant to this AGREEMENT shall become the
sole property of the DISTRICT and may be used, reused, or otherwise disposed of by
the DISTRICT without the permission of the CONSULTANT. With respect to computer
files, CONSULTANT shall make available to the DISTRICT, at the CONSULTANT's
office and upon reasonable written request by the DISTRICT, the necessary computer
software and hardware for purposes of accessing, compiling, transferring, and printing
computer files. Said software and hardware shall be made available to DISTRICT at
CONSULTANT's cost.
9. INDEMNIFICATION
(a) Indemnification for Professional Liability. When the law establishes a
professional standard of care for CONSULTANT's services, to the fullest extent
permitted by law, CONSULTANT shall indemnify, protect, defend, and hold harmless
DISTRICT and any and all of its officials, employees, and agents from and against any
and all losses, liabilities, damages, costs, and expenses, including attorney's fees and
costs to the extent the same arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of CONSULTANT, its officers, agents, employees, or
subconsultants (or any entity or individual that CONSULTANT shall bear the legal
liability thereof) in the performance of professional services under this AGREEMENT.
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(b) Indemnification for Other than Professional Liability. Other than in the
performance of professional services and to the fullest extent permitted by law,
CONSULTANT shall indemnify, defend, and hold harmless DISTRICT and any and all
of its employees, officials, and agents from and against any liability (including liability for
claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory
proceedings, losses, expenses, or costs of any kind, whether actual, alleged, or
threatened, including attorney's fees and costs, court costs, interest, defense costs, and
expert witness fees), where the same arise out of, pertain to, relate to, are a
consequence of, or are in any way attributable to, in whole or in part, the performance of
this AGREEMENT by CONSULTANT or by any individual or entity for which
CONSULTANT is legally liable, including, but not limited to, officers, agent, employees,
or subconsultants of CONSULTANT.
10. INSURANCE
CONSULTANT shall, at its expense, procure and maintain for the duration
of this AGREEMENT insurance against claims for injuries to persons or damages to
property which may arise from or in connection with the performance of this
AGREEMENT by the CONSULTANT, its agents, representatives, employees, or
subcontractors. CONSULTANT shall also require all of its subcontractors to procure
and maintain the same insurance for the duration of this AGREEMENT. If
CONSULTANT is an employer or otherwise hires one (1) or more employees during the
term of this PROJECT, CONSULTANT shall procure and maintain workers'
compensation coverage for such employees which meets all requirements of state law
(Labor Code § 1861).
At a minimum, CONSULTANT is required to submit proof of insurance in
accordance with the following standards:
Minimum Scope of Insurance: Coverage shall be at least as broad as the
latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001): (2) Automobile
Liability: Insurance Services Office Business Auto Coverage form number CA 00017
code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers'
Compensation insurance as required by the State of California and Employer's Liability
Insurance.
than: Minimum Limits of Insurance: CONSULTANT shall maintain limits of no less
(A) General -Liability. One Million Dollars ($1,000,000.00) per occurrence for
bodily injury, personal injury and property damage. If Commercial General Liability
Insurance or other form with general aggregate limit is used, either the general
aggregate limit shall apply separately to this AGREEMENT/location or the general
aggregate limit shall be twice the required occurrence limit.
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(B)Automobile Liability. One Million Dollars ($1,000,000.00) per accident for
bodily injury and property damage.
(C)Workers' Compensation and Employer's Liability. Workers'
Compensation limits as required by the Labor Code of the State of California.
Employer's Liability limits of One Million Dollars ($1,000,000.00) per accident for bodily
injury or disease.
Insurance Endorsements: The insurance policies shall contain the following
provisions, and a separate endorsement stating to add the following provisions to the
insurance policies shall be submitted and approved by DISTRICT:
(A) General Liability. The general liability policy shall be endorsed to state that:
(1) DISTRICT, its directors, officials, officers, employees, agents, and volunteers shall
be covered as additional insureds with respect to the work or operations performed by
or on behalf of the CONSULTANT, including materials, parts, or equipment furnished in
connection with such work; and (2) the insurance coverage shall be primary insurance
as respects DISTRICT, its directors, officials, officers, employees, agents, and
volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the
CONSULTANT's scheduled underlying coverage. Any insurance or self-insurance
maintained by DISTRICT, its directors, officials, officers, employees, agents, and
volunteers shall be excess of the CONSULTANT's insurance and shall not be called
upon to contribute with it in any way.
(B)Workers' Compensation and Employer's Liability Coverage. The insurer
shall agree to waive all rights of subrogation against DISTRICT, its directors, officials,
officers, employees, agents, and volunteers for losses paid under the terms of the
insurance policy which arise from work performed by the CONSULTANT.
(C)AII Coverage. Each insurance policy required by this AGREEMENT shall be
endorsed to state that: (A) coverage shall not be suspended, voided, reduced, or
canceled except after thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to DISTRICT, and (B) any failure to comply with reporting or
other provisions of the policies, including breaches or warranties, shall not affect
coverage provided to DISTRICT, its directors, official, officers, employees, agents, and
volunteers.
Acceptability of Insurer - s: Insurance is to be placed with insurers with a current
A.M. Best's rating of no less than A- or better, licensed to do business in California, and
satisfactory to DISTRICT.
All insurance documents must be submitted and approved by the District's Risk
Manager prior to execution of any AGREEMENT with DISTRICT.
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11. INDEPENDENT CONSULTANT
(a) CONSULTANT is and shall at all times remain as to the DISTRICT a
wholly independent consultant. The personnel performing the services under this
AGREEMENT on behalf of CONSULTANT shall at all times be under CONSULTANT's
exclusive direction and control. Neither DISTRICT nor any of its officers, employees, or
agents shall have control over the conduct of CONSULTANT or any of CONSULTANT's
officers, employees, or agents, except as set forth in this AGREEMENT.
CONSULTANT shall not at any time or in any manner represent that it or any of its
officers, employees, or agents are in any manner officers, employees, or agents of the
DISTRICT. CONSULTANT shall not incur or have the power to incur any debt,
obligation, or liability whatsoever against DISTRICT or bind DISTRICT in any manner.
(b) No employee benefits shall be available to CONSULTANT in connection
with the performance of this AGREEMENT. Except for the fees paid to CONSULTANT
as provided in the AGREEMENT, DISTRICT shall not pay salaries, wages, or other
compensation to CONSULTANT for performing services hereunder for DISTRICT.
DISTRICT shall not be liable for compensation or indemnification to CONSULTANT for
injury or sickness arising out of performing services hereunder.
12. LEGAL RESPONSIBILITIES
The CONSULTANT shall keep itself informed of State and Federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this AGREEMENT. The CONSULTANT shall at
all times observe and comply with all such laws and regulations. The DISTRICT and its
officers and employees shall not be liable at law or in equity occasioned by failure of the
CONSULTANT to comply with this Section.
13. UNDUE INFLUENCE
CONSULTANT declares and warrants that no undue influence or pressure has
been used against or in concert with any officer or employee of the DISTRICT in
connection with the award, terms, or implementation of this AGREEMENT, including
any method of coercion, confidential financial arrangement, or financial inducement. No
officer or employee of the DISTRICT will receive compensation, directly or indirectly,
from CONSULTANT or from any officer, employee, or agent of CONSULTANT in
connection with the award of this AGREEMENT or any work to be conducted as a result
of this AGREEMENT. Violation of this Section shall be a material breach of this
AGREEMENT entitling the DISTRICT to any and all remedies at law or in equity.
PSA 12 10
14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of DISTRICT, or their designees or agents, and
no public official who exercises authority over or has responsibilities with respect to the
project during his/her tenure or for one year thereafter shall have any interest, direct or
indirect, in any agreement or sub -agreement, or the proceeds thereof, for work to be
performed in connection with the project performed under this AGREEMENT.
15. RELEASE OF INFORMATION / CONFLICTS OF INTEREST
(a) All information gained by CONSULTANT in the performance of this
AGREEMENT shall be considered confidential and shall not be released by
CONSULTANT without DISTRICT's prior written authorization. CONSULTANT and its
officers, employees, agents, or subconsultants shall not, without written authorization
from the General Manager or unless requested by the District Counsel, voluntarily
provide declarations, letters of support, testimony at depositions, response to
interrogatories, or other information concerning the work performed under this
AGREEMENT or relating to any project or property located within the DISTRICT.
Response to a subpoena or court order shall not be considered "voluntary" provided
CONSULTANT gives DISTRICT notice of such court order or subpoena.
(b) CONSULTANT shall promptly notify DISTRICT should CONSULTANT or its
officers, employees, agents, or subconsultants be served with any summons, complaint,
subpoena, notice of deposition, request for documents, interrogatories, requests for
admissions, or other discovery request, court order, or subpoena from any person or
party regarding this AGREEMENT or the work performed thereunder or with respect to
any project or property located within the DISTRICT. DISTRICT retains the right, but
has no obligation, to represent CONSULTANT and/or be present at any deposition,
hearing, or similar proceeding. CONSULTANT agrees to cooperate fully with DISTRICT
and to provide the opportunity to review any response to discovery requests provided by
CONSULTANT. However, DISTRICT's right to review any such response does not
imply or mean that DISTRICT has a right to control, direct, or rewrite said response.
(c) CONSULTANT covenants that neither he/she/it nor any officer or principal
of their firm have any interest in, or shall acquire any interest, directly or indirectly, which
will conflict in any manner or degree with the performance of their services hereunder.
CONSULTANT further covenants that in the performance of this AGREEMENT, no
person having such interest shall be employed by it/them as an officer, employee,
agent, or subconsultant. CONSULTANT further covenants that CONSULTANT has not
contracted with nor is performing any services, directly or indirectly, with any
developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning
property in the DISTRICT or the study area and further covenants and agrees that
CONSULTANT and/or its subconsultants shall provide no service or enter into any
agreement or agreements with a/any developer(s) and/or property owner(s) and/or
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firm(s) and/or partnership(s) owning property in the DISTRICT or the study area prior to
the completion of the work under this AGREEMENT.
16. NOTICES
Any notices which either party may desire to give to the other party under this
AGREEMENT must be in writing and may be given by: (i) personal service, (ii) delivery
by a reputable document delivery service, such as, but not limited to, Federal Express,
which provides a receipt showing date and time of delivery, or (iii) mailing in the United
States Mail, certified mail, postage prepaid, return receipt requested, addressed to the
address of the party as set forth below or at any other address as that party may later
designate by notice:
To DISTRICT: Costa Mesa Sanitary District
290 Paularino, Avenue
Costa Mesa, California 92627
Attn: District Clerk/Public Information Officer
To CONSULTANT:
17. ASSIGNMENT
EEC Environmental
1 City Blvd W. Suite 1800
Orange, CA 92869
Attn: Joe Jenkins
The CONSULTANT shall not assign the performance of this AGREEMENT, nor
any part thereof, nor any monies due hereunder, without prior written consent of the
DISTRICT.
Because of the personal nature of the services to be rendered pursuant to this
AGREEMENT, only Joe Jenkins shall perform the services described in this
AGREEMENT. Joe Jenkins may use assistants, under his/her direct supervision, to
perform some of the services under this AGREEMENT; however, all client contact and
interaction regarding professional services shall be provided by Joe Jenkins.
CONSULTANT shall provide DISTRICT fourteen (14) days' notice prior to the departure
of Joe Jenkins from CONSULTANT's employ. Should he/she leave
CONSULTANT's employ, the DISTRICT shall have the option to immediately terminate
this AGREEMENT within three (3) days of the close of said notice period. Upon
termination of this AGREEMENT, CONSULTANT's sole compensation shall be payment
for actual services performed up to, and including, the date of termination or as may be
otherwise agreed to in writing between the DISTRICT and CONSULTANT.
PSA 12 10
18. SAFETY AND SITE CONDITION CONSULTANT shall perform all operations
with due regard for safety and in strict compliance with all applicable laws relating
thereto. It shall be CONSULTANT'S responsibility to keep the site in a clean, neat and
orderly condition. It shall also be CONSULTANT'S duty to dust -palliate all working
areas and access routes, if applicable. All operations shall be conducted by
CONSULTANT so that no fire hazards are created.
19. LICENSES
At all times during the term of this AGREEMENT, CONSULTANT shall have in
full force and effect all licenses required of it by law for the performance of the services
described in this AGREEMENT.
DISTRICT and CONSULTANT understand and agree that the laws of the State
of California shall govern the rights, obligations, duties, and liabilities of the parties to
this AGREEMENT and also govern the interpretation of this AGREEMENT. Any
litigation concerning this AGREEMENT shall take place in the superior or federal district
court with jurisdiction over the DISTRICT.
21. ENTIRE AGREEMENT
This AGREEMENT contains the entire understanding between the parties
relating to the obligations of the parties described in this AGREEMENT. All prior or
contemporaneous agreements, understandings, representations, and statements, oral
or written, are merged into this AGREEMENT and shall be of no further force or effect.
Each party is entering into this AGREEMENT based solely upon the representations set
forth herein and upon each party's own independent investigation of any and all facts
such party deems material.
22. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
CONSULTANT is bound by the contents of Exhibit A, hereto and
incorporated herein by this reference. In the event of conflict, the requirements of
DISTRICT's Request for Proposals and this AGREEMENT shall take precedence over
those contained in the CONSULTANT's proposals.
23. MODIFICATION
No modification to this AGREEMENT shall be effective unless it is in writing and
signed by authorized representatives of the parties hereto. This written modification
requirement cannot be waived.
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24. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this AGREEMENT on behalf of CONSULTANT
warrant(s) and represent(s) that he/she/they has/have the authority to execute this
AGREEMENT on behalf of the CONSULTANT and has/have the authority to bind
CONSULTANT to the performance of its obligations hereunder.
25. INTERPRETATION
In the event of conflict or inconsistency between this AGREEMENT and any
other document, including any proposal or Exhibit hereto, this AGREEMENT shall
control unless a contrary intent is clearly stated.
26. BUSINESS LICENSE
CONSULTANT shall obtain a business license from the City of Costa Mesa
unless legally exempt.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to
be executed this day and year first above written.
10"GISM
Arlene Schafer, Secre)Ary
LAI a
District Counsel
EEC ENVIRONMENTAL
John O/Wr I President
I= M
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Consultant will be expected to act in accordance with and within the following scope of
service:
A. Inspections. Inspectors must be fully trained on procedures for conducting FOG
Inspections. Inspectors will monitor inspection progress to ensure the FOG control
program tasks are on target to meet expectations of the Program. Inspectors are required
to use the FOG Control Inspection Checklist ( A) or a similar checklist approved by the
District. The consultant will be required to maintain all completed checklist as public
records and said checklist must be made available for viewing by District if requested.
The following inspections will be performed by consultant.
1. Permit Inspections. New FSEs. FSEs that changed ownership and/or a name
change that required re -permitting, will be inspected by the consultant and the
consultant will be required to educate FSEs about the District's FOG Control
Program. The inspection must include a full inventory of cooking equipment,
fixtures, floor sinks and drains that are documented by photographs and obtaining
signature from FSEs manager/owner. Consultant will provide FSEs with FOG
education and public outreach material from a variety of sources including Orange
County Healthcare Agency., District and/or from State Water Resources Control
Board. Educational material will be approved by District before dissemination to
FSEs.
2. Grease Removal Equipment (GRE) Inspections. FSEs with grease
interceptors or grease traps will be inspected by consultant to ensure each device
is in good operating condition and conform to the appropriate maintenance
practices. Consultant will use FOG Control Inspection Checklist (Attachment A) or
a similar checklist approved by the District. Consultant will provide new educational
material regarding FOC Control, when necessary.
3. Kitchen Best Management Practice (BMP) Inspections. Consultant will
conduct Best Management Practice inspections to evaluate compliance with all
required kitchen BMPs, including employee education and training practices.
Consultant will use the FOG Control Inspection Checklist (Attachment A) or a
similar checklist approved by the District. Consultant will provide FSEs with FOG
education and public outreach material from a variety of sources Including Orange
County Healthcare Agency, District and/or from State Water Resources Control
Board. Educational material will be approved by District before dissemination to
FSEs.
4iCombined GRE and BUMPInspections. Consultant will physically conduct combined
GRE and BW4P inspections at FSEs. The inspector will discuss the implementation of
proper kitchen BK4Po and C3RE maintenance. Inspector will educate F8Ea management
and employees how kitchen BK4Ps can reduce expensive GRE maintenance costs and
8DGUre the GREo are functioning efficiently. Consultant Will use the FOG Control
Inspection Checklist (Attachment A) or similar checklist approved by the District.
5, Compliance Inspections. Consultant will conduct follow-up inspections for non-
compliance issues as required by the Disthot, which may include issuing Notices of
Violations (NOV) to FSEs. Consultant will also assist the District on enforcing Chapter
6.07 of the District's Operations Code. Consultant is highly encouraged to read Chapter
6.07 prior to submitting proposal. Chepter8.07 can be found on the District's vveba|te at
www.cmsdca.gov/lndex.php/who-we-are/operations-code. Consultant will meet with FSE
managers/owners and/or property owners tndiscuss violations and enforcement action
and will help develop appropriate corrective action plan to achieve and maintain
compliance. For FSEs that are found to be in violation ofChapter 6.O7. the consultant will
revievv, provide reoornrnendationa, and assist the district on enforcement aotiona, which
may include participating |nBoard hearings.
6. Source Investigation Inspections. From time to time, the District will experience FOG
problem sewer areas. Consultant will collaborate with District to identify the sources Of
excess FOG being discharged into the sewer system. Once identified. Consultant will
inspect the FSE to identify the issues that are contributing to the FOG discharge.
Consultant will work with these FSEoto mitigate the level of FOG discharge. Consultant
will perform follow-up inspections and if FOG is continuing to be discharged into the sewer
Syotern. Consultant will meet with FSE manager end/or property owner to discuss the
deficiencies and assist managers/owners on developing corrective action plans to
achieve compliance.
B. Annual Report to the Board of Directors. Once a year, consultant will provide a
power point presentation to the Board of Directors at study session or regular Board
meeting that describe the activities Consultant performed during the past year and
Consultant will identify recommendations to enhance the District's FOG Control Program.
C. Database. Consultant will gather, maintain and provide an Excel database of all F8E's
participating in the District's FOG Control Program. Consultant will monitor FSE inventory
from Orange County Healthcare Agency to determine new FSEathat should be enrolled
inthe District's FOG control Program. The database should beupdated onaregular basis
and include the following information: Name -location ofF8E. F!5E contact person narne,
phone number and ern8||, permit nurnber, permit type, type of grease interceptor/trap,
interceptor/trap location that include number ofinspection pointm, and oapacity, date of
|DSpeCtion. most recent pumping date. and condition of |nteroepton1rap. FOG hauler
name, address, phone number and email, NOV date(s), recheck dates, findings and any
other pertinent information. The database will be made available to District aƒanytime for