12 Resolution Approving Second Amendment to the Professional Services Agreement Between the City of Livingston and WGR Southwest, Inc. for Phase II MS4 (Small Municipal Separate Storm Sewer System) and General NPDES Permit (National Pollutant Discharge Elimination System (NPDES) permits) Compliance Services.

Note from TheGardeningSnail: This page may have been produced by running a PDF Image File through a program that converts Image to Text. My apologies for any Textual Gremlins that may have crept in. I may also have broken up larger paragraphs. I may have also highlighted a few items of interest.

Meeting Date: November 15, 2016

STAFF REPORT

AGENDA ITEM: Resolution Approving Second 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: November 15, 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 the second 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.

BACKGROUND:

Earlier this year the Council approved a one year professional services agreement with WGR, Inc. to provide administrative support with the Phase II MS4 Permit Program. Management has not completed the research, analysis and has not implemented the necessary position documents such as title, job description and salary schedule needed to create an in-house position.

WGR has done a great job assisting the City to comply with the Phase II MS4 program. The annual report was successfully completed and submitted on October 15th.

Management recommends renewing and extending the service contract with WGR Inc. to October 2017 to cover one more year of compliance and reporting and until the internal research and analysis is completed for an in-house position.

The contract calls for WGR, Inc. to assign a Compliance Technician twice a week and other higher level staff to Livingston to assist with implementing, coordinating, monitoring, enforcing the Phase II MS4 Program activities for years 3 and 4. This one year extension will provide the necessary level of technical support to meet our reporting deadline in October 2017.

This arrangement creates a great opportunity for Livingston to participate in regional efforts with the Cities of Merced and Atwater and to also share resources and costs.

DISCUSSION:

Approval of second 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 limit of $82,625 to be funded by the Benefit Assessment Districts (BADs: 80%) and General Fund (20%).

ATTACHMENTS:

1. Resolution No. 2016-

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

RESOLUTION NO. 2016-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING THE SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF LIVINGSTON AND WGR SOUTHWEST, INC. TO PROVIDE PHASE II MS4 AND GENERAL NPDES PERMIT COMPLIANCE

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 or 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 the last three years; and

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

WHEREAS, the City wishes to amend the Professional Services Agreement with WGR Southwest, Inc. dated April 5, 2016 to extend the term for services through October 2017 with a compensation limit of $82,625; and

WHEREAS, the Parties agree that the extension for services are necessary in order for the City to comply with the MS4 permit requirements.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livingston hereby adopts a Resolution to approve the second amendment to the Professional Services Agreement with WGR Southwest, Inc. for Phase II MS4 and general NPDES permit compliance services and authorizes the Interim City Manager to execute amendment in a form approved by the City Attorney.

Passed and adopted this 15th day of November 2016, by the following vote:

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 15th day of November 2016.

Antonio Silva, City Clerk of the City of Livingston

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