17 Resolution Approving a One (1) Year Professional Services Agreement with WGR Southwest, Inc. and Authorizing the Interim City Manager to Execute Agreement

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Meeting Date: April 05, 2016

STAFF REPORT

AGENDA ITEM: Resolution Approving a One (1) Year Professional Services Agreement with WGR Southwest, Inc. and Authorizing the Interim City Manager to Execute Agreement.

MEETING DATE: April 5, 2016

PREPARED BY: Odi Ortiz, Interim City Manager/Finance Director

REVIEWED BY: Jose M. Sanchez, City Attorney

RECOMMENDATION:

Adopt Resolution No. 2016- , authorizing the Interim City Manager to execute a one (1) year professional services agreement with WGR Southwest, Inc. to provide professional support services on the Phase II MS4 Permit Program.

BACKGROUND:

In 1999, the US EPA established regulations requiring that Small Municipal Separate Storm Sewer System (MS4) be regulated pursuant to a NPDES permit. A Small MS4 Permit Program regulates storm water discharges from municipalities that serve populations of less than 100,000 persons. An MS4 is defined in the Code of Federal Regulations as a conveyance or system of conveyances including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains.

Permit requirements include public education and outreach, public participation, illicit discharge detection and elimination, construction site run-off control, post-construction run-off and pollution prevention/good house-keeping, and development of storm water management plans (SWMPs) to accomplish tasks.

The MS4 is an unfunded State mandate which passes the regulating responsibility to local agencies, therefore, impacting workload and cost to municipalities.

Over the last several years, the City of Livingston has dedicated significant efforts and resources in complying with the MS4 Permit Program by obtaining general administrative support from Condor Earth Technologies, Inc.

City management recommends joining regional group efforts through the City of Merced in complying with these MS4 Permit Program requirements by entering into a service contract with WGR Southwest, Inc. WGR has been providing MS4 support to a group of cities in the area including the Cities of Merced, Atwater, and Ceres. WGR represents nearly 20 municipalities with their MS4 compliance efforts. By joining this group effort, cities will share resources and costs associated with the program.

DISCUSSION:

Approval of a one (1) year professional services agreement with WGR Southwest, Inc. to provide professional support services on the Phase II MS4 Permit Program.

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FISCAL IMPACT:

Annual expenditure limit of $30,000 to be funded by the Benefit Assessment Districts (BADs: 80%) and General Fund (20%).

ATTACHMENTS:

1. Resolution No. 2016-

2. Professional Services Agreement with WGR Southwest, Inc. (Exhibit A)

RESOLUTION NO. 2016-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING AND AUTHORIZING THE INTERIM CITY MANAGER

TO EXECUTE A ONE (1) YEAR PROFESSIONAL SUPPORT SERVICES AGREEMENT BETWEEN THE CITY OF LIVINGSTON AND WGR SOUTHWEST, INC. TO PROVIDE SUPPORT ON THE MS4 PERMIT PROGRAM

WHEREAS, in 1999, the US EPA established regulations requiring that Small Municipal Separate Storm Sewer System (MS4) be regulated pursuant to a NPDES permit; and

WHEREAS, the Small MS4 Permit Program regulates storm water discharges from municipalities that serve populations of less than 100,000 persons; and

WHEREAS, regulations include public education and outreach, public participation, illicit discharge detection and elimination, construction site run-off control, post-construction run-off and pollution prevention/good housekeeping; and

WHEREAS, permit renewal requires development of storm water management plans (SWMPs) to accomplish tasks; and

WHEREAS, the MS4 is an unfunded State mandate which passes the regulating responsibility to local agencies; and

WHEREAS, local agencies are being impacted with increase of workflow and cost to comply with MS4 Permit requirements; and

WHEREAS, the City of Livingston has dedicated significant efforts and resources in complying with the MS4 Permit Program in last two years; and

WHEREAS, this unfunded State Mandate and staffing levels is creating a need for additional support; and

WHEREAS, the City Council wishes to approve a Professional Support Services Agreement with WGR Southwest, Inc. with an ending term of April 5th, 2017.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livingston hereby adopts a Resolution to approve a one (1) year Professional Support Services Agreement with WGR Southwest, Inc. to provide support with the MS4 Permit Program and authorizes the Interim City Manager to execute agreement in a form approved by the City Attorney.

Passed and adopted this 5th day of April, 2016, by the following vote:

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AYES:

NOES:

ABSENT:

ABSTAIN:

Rodrigo Espinoza, Mayor

of the City of Livingston

ATTEST:

I, hereby certify that the foregoing resolution was regularly introduced, passed and adopted at a regular meeting of the City Council of the City of Livingston this 5th day of April, 2016.

Antonio Silva, City Clerk of the City of Livingston

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Proposal from WGR

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