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Item 07 - Consideration of Extension of Professional Services Agreement With John L. Hunter And Associates, INCAGENDA ITEM NO.7 AGENDA STAFF REPORT City of West Covina I Office of the City Manager DATE: August 12, 2019 TO: Mayor and City Council FROM: David Carmany Interim City Manager SUBJECT: CONSIDERATION OF EXTENSION OF PROFESSIONAL SERVICES AGREEMENT WITH JOHN L. HUNTER AND ASSOCIATES, INC. FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT COMPLIANCE SERVICES RECOMMENDATION: It is recommended that the City Council approve a six-month extension to the existing agreement with John L. Hunter and Associates, Inc. in the amount not to exceed $45,000 for National Pollutant Discharge Elimination System Permit compliance services. DISCUSSION: On August 18, 2015, the City entered into a contract agreement with John L. Hunter and Associates, Inc. for National Pollutant Discharge Elimination System (NPDES) Permit compliance services. The agreement was for one (1) year with an option to extend under the same terms and conditions for a maximum of three (3) one (1) year extensions with an expiration date of August 18, 2019. Since the inception the agreement, John L. Hunter and Associates, Inc. has brought the City back into full compliance with the Municipal Separate Storm Sewer System (MS4) permit and NPDES program requirements. Section 402(p) of the Federal Clean Water Act requires the United States Environmental Protection Agency (USEPA) to regulate the discharge of storm water and urban runoff to the waters of the United States, thus setting forth the NPDES Program. Staff is recommending to extend the agreement for six -months with an understanding that new request for proposals (REP) for these services will be released soon thereafter. The cost of the six-month extension shall not exceed $45,000. OPTIONS: The City Council has the following options: 1. Approve staffs recommendation; or 2. Provide alternative direction. Fiscal Impact FISCAL IMPACT: There are sufficient funds in the NPDES operating budget for Fiscal Year 2019-2020 to fund the cost of the agreement extension with John L. Hunter and Associates. The following table shows the available funding: ACCOUNT AMOUNT 181.61.4189.6130 $10,000 182.61.4189.6130 5,000 183.61.4189.6130 8,000 184.61.4189.6130 70,000 186.61.4189.6130 5,000 187.61.4189.6130 5,000 189.71.4189.6130 290,152 TOTAL $393,152 Attachments Attachment No. 1 - PSA Amendment - John L. Hunter and Associates, Inc. CITY COUNCIL GOALS & OBJECTIVES: Enhance City Programs and Activities ATTACHMENT NO. 1 FOURTH AMENDMENT TO CITY OF WEST COVINA PROFESSIONAL SERVICES AGREEMENT WITH JOHN L. HUNTER AND ASSOCIATES, INC. FOR NPDES PERMIT COMPLIANCE SERVICES This Fourth Amendment to the Agreement dated August 181h, 2015, between the CITY OF WEST COVINA, a municipal corporation, hereinafter referred to as "City" and, JOHN L. HUNTER AND ASSOCIATES, INC., A California Corporation, hereinafter referred to as "Consultant" ("Original Agreement') is made and entered into as of August 12`h, 2019. In consideration of the mutual promises and covenants contained herein, the parties hereto mutually agree as follow: SECTION 1. RECITALS. This Agreement is made and entered into with respect to the following facts: WHEREAS, the Original Agreement had an initial term expiration date of August 18, 2016. WHEREAS, the First Amendment had a twelve month term ending on August 18, 2017. WHEREAS, the Second Amendment had a twelve month term ending on August 18, 2018. WHEREAS, the Third Amendment had a twelve month term ending on August 18, 2019. WHEREAS, the City and Consultant desire to extend the term of the Agreement as provided for in Section 4.1 of the Original Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1. The Term of the Agreement, as set forth in Paragraph 4.1 of the Original Agreement shall be extended for an additional term of six months, ending on January 18, 2020. 2. Except as herein amended, the terms and conditions of the Original Agreement, executed on August 18, 2015 shall remain in full force and effect, IN WITNESS WHEREOF, City and Contractor have executed this Fourth Amendment as of the date set forth above. CITY OF WEST COVINA David Carmany City Manager ATTEST: Carrie Gallagher, Assistant City Clerk APPROVED AS TO FORM: Thomas P. Duarte City Attorney APPROVED AS TO INSURANCE: Risk Management JOHN L. HUNTER AND ASSOCIATES 1'4��y2L- I -- Job? . Hunter Owner and President