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File #: 15-0053    Version: 1
Type: Consent - Staff Report Status: Agenda Ready
In control: City Council Regular Meeting
On agenda: 3/4/2015 Final action: 3/4/2015
Title: Agreement with John L. Hunter and Associates for Clean Bay Restaurant (CBR), Fast/Oils/Grease (FOG) and Industrial/Commercial Stormwater Discharge (ICSD) Inspections in the Not-to-Exceed Amount of $140,385. (Public Works Director Olmos). APPROVE
Attachments: 1. Professional Services Agreement with John L Hunter and Associates
TO:
Honorable Mayor and Members of the City Council
 
THROUGH:
Mark Danaj, City Manager
 
FROM:
Tony Olmos, Public Works Director
Raul Saenz, Utilities Manager
      
SUBJECT:Title
Agreement with John L. Hunter and Associates for Clean Bay Restaurant (CBR), Fast/Oils/Grease (FOG) and Industrial/Commercial Stormwater Discharge (ICSD) Inspections in the Not-to-Exceed Amount of $140,385. (Public Works Director Olmos). APPROVE
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Recommended Action
RECOMMENDATION:
Staff recommends that the City Council approve Agreement with John L. Hunter and Associates for CBR, FOG and ICSD Inspections in the not-to-exceed amount of $140,385 ($46,795 per year) for a three year term.
Body
FISCAL IMPLICATIONS:
Sufficient funds are available in the Public Works Department's Storm Drain and Sewer Maintenance budgets for these services.
 
BACKGROUND:
On January 6, 2009, City Council awarded a three year contract in the amount of $16,150 per year to John L. Hunter and Associates. The scope of work included conducting restaurant inspections, follow-up inspections, recording the results, offering Best Management Practices (BMPs) to the restaurant staff, providing education and outreach materials, and updating restaurant information. The goal of the program is to recognize restaurants that are actively preventing stormwater pollution of the beaches and ocean.
 
On August 8, 2009, City Council approved Amendment No. 1 to the Agreement, which added FOG Inspections to the CBR Inspections contract for a combined cost of $39,260 per year. These services were added to comply with Title 5 - Sanitation and Health of the City of Manhattan Beach Municipal Code with the addition of Chapter 5.38 - Fats, Oils and Grease Management and Discharge Control, which is intended to reduce sanitary sewer overflows resulting from restaurant sanitary sewer line blockages, and to protect public health and the environment by minimizing public exposure to unsanitary conditions.
 
On September 4, 2012, City Council approved Amendment No. 2 to the Agreement, extending the Agreement for an additional two years. The term of Amendment 2 has expired, therefore, a new consultant agreement with a new term is needed to continue past services and increase the scope of services to include ICSD inspections for an amount of $46,795 per year, or $140,385 for the three year term.  The annual amount includes the cost to perform CBR and FOG inspections ($37,845 per year) and additional ICSD Inspections outside of the CBR/FOG program ($8,950 per year).
 
John L. Hunter and Associates has been providing inspection services to the City since 2009.  This firm is intricately familiar with the City's industrial / commercial businesses and has established relationships with the business owners and operators.  They understand that although their job is to assure compliance with current regulations, their job is to also work with businesses to provide them with realistic recommendations to achieve compliance.  Given the complexities regarding sewer and stormwater discharge compliance and this firm's exceptional qualifications and attention to customer service, staff recommends that this firm should be retained for another three years.  Staff will carefully track future State regulations and consultant competition in this area to decide if an RFP for future inspection services will be issued before the expiration of this new agreement.
 
DISCUSSION:
The City's 156 CBR and FOG inspections are mutually exclusive of one another, but are conducted concurrently over the course of 6 months during each inspection year. Inspection grading is on a pass/fail basis. Restaurants that pass inspection are deemed compliant for the inspection year. Restaurants that fail inspection are required to take corrective action within two months, after which time a follow up inspection is performed to verify the correction.
 
CBR inspections assure that restaurants exercise BMP's that prevent improper disposal of waste that could contribute pollutants to stormwater runoff, posing a serious threat to public health and the ocean. FOG inspections assure that restaurants exercise BMP's that prevent sewer line stoppages that could cause sewer system overflows on to the public right-of-way and into the stormwater system, posing a serious threat to public health and ocean.
 
The Los Angeles County National Pollution Discharge Elimination System Municipal Separate Storm Sewer System permit requires annual ICSD inspections of automotive centers, nurseries, and industrial facilities, as well as restaurants. The 156 CBR and FOG inspections performed by John L. Hunter and Associates qualify as ICSD inspections under this permit. This leaves 46 additional facilities within the City that require ICSD inspections outside of the CBR/FOG program. This amendment will add these additional inspections to the scope of work.  
 
CONCLUSION:
Staff recommends that the City Council approve Agreement with John L. Hunter and Associates for CBR, FOG and ICSD Inspections in the not-to-exceed amount of $140,385 for three year term ($46,795 per year).
Attachment:
1. Professional Services Agreement with John L. Hunter and Associates