Title
Subject: Boykin Consulting Services
From: Oakland Fire Department
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a Professional Services Agreement with Boykin Consulting Services for conducting hazardous materials inspections in an amount not to exceed seventy thousand dollars ($70,000) for a 12 month term upon approval by City Council (PURSUANT TO SECTION 902-E OF THE CITY CHARTER, THIS ITEM REQUIRES A 2/3 VOTE)
Body
RE: REPORT AND RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A PROFESSIONAL SERVICES AGREEMENT WITH BOYKIN
CONSULTING SERVICES TO CONDUCT HAZARDOUS MATERIALS
INSPECTIONS IN AN AMOUNT NOT TO EXCEED SEVENTY THOUSAND
DOLLARS ($70,000) FOR A 12 MONTH TERM UPON APPROVAL BY CITY
COUNCIL.
SUMMARY
The following staff report is provided to request authorization for the City Manager to enter into a
professional service contract in an amount not to exceed $70,000 with Boykin Consulting Services
(BSC). BSC will provide temporary inspection staff for Fire Department's Certified Unified Program
Agency (CUPA).
As a result of changes in State of California and U.S Environmental Protection Agency environmental
laws, the City is required to increase the number and types of inspections regarding the storage, handling
and disposal of hazardous materials performed by Fire Department, Office of Emergency Services CUPA
program inspectors. In addition, 500 additional storm water inspections are needed by the City's Public
Works Agency to enforce the City of Oakland's Clean Water Program; and to ensure the City's
compliance with its National Pollutant Discharge Elimination System (NPDES) permit. The OFD/OES
conducts these inspections under an agreement with the Public Works Agency.
BCS will provide two subcontractors to perform industrial business facility inspections. The primary
focus will be to perform inspections on new hazardous materials facilities for compliance in the following
areas:
• Hazardous materials storage
• Hazardous waste generation and disposal
• Hazardous waste treatment facilities
• Clean water/ storm water
• Uniform Fire code
The inspection services provided by BSC are needed while staff conducts the recruitment process to fill
the current vacant Hazardous Materials Inspector position. The benefits of these inspections are increased
public safety and additional revenue to continue the support of the CUPA Program.
Item.
Public Safety Committee
September 23, 2003
Oakland Fire Department
Boykin Contract Page 2
FISCAL IMPACTS
There is no impact to the general fund. The OFD/OES has identified budgeted funds to implement the
contract. Funding of the program is based on fees collected from regulated businesses. Fees collected are
currently sufficient to fund the program and are identified in fund account numbers Org. 2071 1, fund
1740, project number P395 IO. The CUPA program is mandated by Council to be cost recovering. Staff
finds and determines that the contract will not result in the loss of employment or salary by any person
having permanent status.
BACKGROUND
BCS has provided hazardous materials consulting services to various jurisdictions within Alameda
County including Oakland, Berkeley, Newark, Union City, Fremont, Livermore, Pleasanton and Alameda
County Environmental Health. They have provided contract CUPA inspections services to the City of
Santa Clara, San Rafael, Newark, Union City, Livermore and Pleasanton. This contract is for a limited
duration and the contract inspectors' role would focus on identifying new operating hazardous materials
businesses within the City. This is to ensure that these businesses are operating in a safe and consistent
manner.
Additionally the City will retain an option to obtain as needed administrative and technical consulting
services in relation to hazardous materials regulatory matters.
KEY ISSUES AND IMPACTS
The OFD/OES is the Administering agency responsible for the coordination, and implementation of all
local, state and regional regulations, ordinances, requirements, and guidelines related to CUPA programs
and clean water/storm water requirements within the City of Oakland required by federal, state and local
laws.
Priority inspections will be made on new businesses that have not been inspected by OFD/OES.
Businesses that have not had a hazardous materials inspection pose a threat to the residents living near
these businesses in the following manner;
• Improper painting of vehicles inside and outside of a building resulting in odor complaints and
potential health problems for residents,
• Improper storage poses a risk of erratic fire behavior;
• Improper disposal and illegal dumping of hazardous wastes generated by these businesses pose
a threat to the environment and requires the City to expend funds to properly dispose the
materials.
The responsibility of the CUPA program is to protect the public and the environment from the improper
use, handling and storage of hazardous substances and to ensure that hazardous waste is either properly
recycled or is disposed of properly. In addition, OFD/OES provides technical assistance, training and
educational materials to businesses to promote the use of less hazardous products and recycling. Funding
for the CUPA program is obtained from regulated businesses by collecting fees from permits, registration,
inspections, and re-inspections. The program is cost recovering and has no impact on the General Fund.
Item. (0
Public Safety Committee
September 23, 2003
Oakland Fire Department
Boykin Contract Page 3
SUBTAINABLE OPPORTUNITIES
It is essential that the City continue with the implementation of the hazardous materials management
program by performing hazardous materials inspections. The inspections provide for the following
sustainable opportunities;
Economics: Inspections are one means of ensuring that hazardous materials facilities operate in a safe
manner. Jobs generated by these facilities provide income to the local economy and access to higher
paying skilled work for residents.
Environmental: During facility visits Hazardous Materials inspectors provide educational materials to
facility operators regarding waste reduction and how to minimize the use of hazardous materials in their
processes.
Social Eguity: The type of specialized inspections performed by our office helps to ensure that both the
business and residential community living next to these facilities can be protected and served in a mariner
that facilitates emergency response in an effective, professional manner.
DISABILITY AND SENIOR CITIZENS ACCESS
This agreement has no immediate impact on persons with disabilities or the senior citizen communities
and does not in any way conflict with the Americans with Disabilities Act and the Older Americans Act,
and other applicable laws.
RECOMMENDATION
Staff recommends that the City Council authorize the City Manager to approve a professional services
contract with BCS in an amount not to exceed Seventy Thousand dollars ($70,000) to perform additional
CUPA inspections to assure that OFD inspects all necessary and required facilities for hazardous
materials compliance in the City of Oakland.
-d,
R tfull submitte
GERALD A. SIMON
Chief, Fire Department
Prepared by: Henry R. Renteria
Manager, Emergency Services
Office of Emergency Services
APPROVED AND FORWARDED TO THE
PUBLIC SAFETY COMMITTEE
OF9(CE 94F T)4E CITY MANAGER Item:
Public Safety Committee
September 23, 2003
OAKLAND CITY COUNCIL
RESOLUTION No. C.M.S.
INTRODUCED BY COUNCILMEMBER
RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL
SERVICES AGREEMENT WITH BOYKIN CONSULTING SERVICES FOR CONDUCTING
HAZARDOUS MATERIALS INSPECTIONS IN AN AMOUNT NOT TO EXCEED SEVENTY
THOUSAND DOLLARS ($70,000) FOR A 12 MONTH TERM UPON APPROVAL BY CITY
COUNCIL
WHEREAS, the City is required to increase the number of inspections as a result of the
increasing number of new businesses that handle hazardous materialstwaste in Oakland,
changes in state law that increase the frequency of mandated inspections, two hundred additional
storm water inspections needed by the City's Public Works Agency to enforce the City of
Oakland's Clean Water Program; and to coordinate the administration and enforcement of the
new hazardous materials management programs; and
WHEREAS, Boykin Consulting Services is experienced in and has provided hazardous
materials consulting and inspection services to various jurisdictions within Alameda County,
including Alameda County Environmental Health, cities of Berkeley, Fremont, Livermore,
Pleasanton, Santa Clara, Newark and Union City; and
WHEREAS, Boykin Consulting Services employs inspectors qualified to perform the
needed inspection services; and
WHEREAS, the City Council finds and determines that the contract is in the public interest
because of economy or better performance; and
WHEREAS, the City Council finds and determines that the contract will not result in the
loss of employment or salary by any person having permanent status in the competitive service;
now, therefore, be it
RESOLVED: That the City Manager, or her designated representative, is hereby
authorized to enter a professional services agreement with Boykin Consulting Services, a
consultant qualified to provide hazardous materials and other needed inspections, in an amount
not to exceed seventy thousand dollars ($70,000) for a peiiod of 12 months; and, be it
FURTHER RESOLVED: That the agreement will be reviewed for from and legality by the
City Attorney and placed in the office of the City Clerk.
Item
Public Safety Committee
September 23, 2003
IN COUNCIL, OAKLAND, CALIFORNIA, SEPTEMBER 2003
PASSED BY THE FOLLOWING VOTE:
AYES- BRUNNER, CHANG, BROOKS, NADEL, REID, WAN, QUAN, AND
PRESIDENT DE LA FUENTE
NOES-
ABSENT-
ABSTENTION-
ATTEST:
CEDA FLOYD
City Clerk and Clerk of the Council
of the City of Oakland, California
iten] #1
Public safe--(O--
ty Cowlu,ttee
SePtember 23,2003
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