5 Resolution Approving a First Amendment to the Professional Services Agreement Between the City of Livingston and WGR Southwest, Inc. for Phase II MS4 and General NPDES Permit Compliance Services.

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STAFF REPORT

AGENDA ITEM: Resolution Approving First Amendment to the Professional Services Agreement Between the City of Livingston and WGR Southwest, Inc. for Phase II MS4 and General NPDES Permit Compliance Services

MEETING DATE: May 3, 2016

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

REVIEWED BY: Jose Sanchez, City Attorney

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RECOMMENDATION:

Adopt Resolution No. 2016- , authorizing the Interim City Manager to execute the first amendment to the professional service agreement between the City of Livingston and WGR Southwest, Inc. for Phase II MS4 and general NPDES permit compliance services.

BACKGROUND:

On April 5th Council approved a one (1) year professional service agreement with WGR to provide administrative support with the Phase II MS4 Permit Program. This arrangement creates a great opportunity for Livingston to participate in regional efforts with City of Merced and Atwater and to also share resources and cost.

Management continues to research and analyze the needs for a new in-house position (preferably in the water quality field) to act as the primary person to coordinate, monitor, manage and report on this unfunded mandate. Per internal review, Livingston does not have the necessary resources and legal documents to recruit for this need. In addition to creating a budget for this position, the title, job description and salary schedule would have to be approved accordingly and those procedures could take time.

In order to meet the upcoming reporting deadline in October 2016, management highly recommends enhancing the current contract with WGR to temporarily add funding for a Compliance Technician. The Compliance Technician will assist management, other city staff and WGR in implementing, coordinating, monitoring, enforcing part of the Phase II MS4 Program activities for years 2 and 3. This six month arrangement will provide the necessary level of technical support to meet our reporting deadline in October 2016.

DISCUSSION:

Approval of first amendment to the professional services agreement with WGR Southwest, Inc. to provide Phase II MS4 and general NPDES permit compliance services.

FISCAL IMPACT:

Annual expenditure limits of $40,851 to fund the contract Compliance Technician position on a six month term. Cost to be funded by the Benefit Assessment Districts (BADs: 80%) and General Fund (20%).

ATTACHMENTS:

1. Resolution No. 2016-

2. First Amendment to the Professional Service Contract between the City of Livingston and WGR Southwest, Inc.

 

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