December 3, 2024
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Public Works
DATE: December 17, 2024
TO: Mayor Martinez and Members of the City Council
FROM:
Daniel Chavarria, PE, Director of Public Works
Robert Armijo, PE, Deputy Director of Public Works / City Engineer
Mary Phelps, Water Resource Division Manager
Bradley Harms, Senior Environmental Compliance
Inspector
Subject: Resolution to Approve a Contract with SwiftComply, Inc. for Fats, Oils, and Grease (FOG), Industrial
Pretreatment, and Stormwater Monitoring Services
FINANCIAL IMPACT: The proposed expenditure of an amount not to exceed $239,155.00 for the duration of the three-year contract and an amount not to exceed $129,053.00 for the entire
duration of the two optional one-year extensions will be funded from the approved fiscal year budgets for the
Public Works Department’s Environmental Compliance
Program budget (Account String: 40322831-400502).
PREVIOUS COUNCIL
ACTION:
Not applicable.
AGENDA
REPORT
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STATEMENT OF THE
ISSUE:
The City staff is requesting City Council to adopt a
resolution approving a three -year contract with
SwiftComply, Inc. for monitoring services of Fats, Oils, and Grease (FOG), Industrial Pretreatment, and
Stormwater discharges. The City is required to comply
with regulations concerning said discharges under the
Municipal Regional Permit (MRP) and in compliance with
federal and state environmental requirements.
Additionally, 40 CFR Part 403, which governs the
administration of industrial pretreatment programs,
requires cities like Richmond to maintain a
comprehensive data management and reporting system
for industrial users.
RECOMMENDED ACTION: ADOPT a resolution to approve a three-year contract with SwiftComply, Inc, for FOG, Industrial Pretreatment, and Stormwater Monitoring Services in an amount not to
exceed $239,155.00 beginning January 1, 2025 and
ending on December 31, 2027 with two optional one-year
extensions for a total amount of $129,053.00 for both
option years and AUTHORIZE the Director of Public
Works to approve change orders, if necessary, for a
contingency amount of up to $35,873.25 which is 15% of
the bid amount, for a potential contract total not to
exceed amount of $275,028.25 (Public Works – Bradley
Harms 510-307-8094 Mary Phelps 510-621-1269 / Daniel
Chavarria 510-620-5478)
DISCUSSION:
Background
The City of Richmond is obligated to manage pollutants such as Fats, Oils, and Grease (FOG), mercury, and Polychlorinated biphenyls (PCB) from its stormwater and industrial systems to comply with regional and federal environmental regulations, particularly under the Municipal Regional Permit (MRP) and 40 CFR Part 403 of the Code of Federal Regulations.
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The City is required to maintain detailed records of industrial user discharges and pretreatment program monitoring activities, including maintaining these records for at least three years and making them available to the EPA or the state upon request pursuant to 40 CFR 403.8(f)(1). The regulation further mandates that the City establish and maintain a database of Significant Industrial Users (SIUs) and Categorical Industrial Users (CIUs) to monitor their compliance status and take enforcement actions where necessary (40 CFR 403.12(j)). In addition, under 40 CFR 403.12(p), the City must submit annual reports to the Approval Authority summarizing compliance efforts and violations of pretreatment standards by industrial users.
Currently, the City of Richmond is compliant with the required regulatory mandates but has encountered challenges in efficiently managing data for the industrial pretreatment program and stormwater discharges. The current system relies heavily on manual data entry and compliance tracking, which is cumbersome and prone to errors. Additionally, compiling compliance data for the required reports is labor-intensive, making it difficult to ensure timely and accurate submissions. These inefficiencies prompted the Water Resources and Recovery Division to explore a more integrated and automated solution.
While the City is currently in compliance with regulatory requirements we are not as effective or efficient as we should be. SwiftComply software and services are designed to address gaps in our system that hinder our ability to manage compliance in the most streamlined and accurate way possible.
Analysis
Staff is recommending that the City enter into a contract with SwiftComply, Inc. to continue to meet the regulatory requirements. SwiftComply, Inc’s platform provides a cloud-based solution that helps the City fulfill these regulatory requirements. The software enables detailed data management, tracking of Significant Industrial Users (SICs) discharges, compliance monitoring, and automated reporting, ensuring that Richmond’s pretreatment program adheres to the mandates of 40 CFR 403.
SwiftComply will also provide software and services over three years to assist with FOG, Industrial Pretreatment, and Stormwater management. The system will support the City's compliance with 40 CFR 403.8(f)(1) and 403.12(j), which require comprehensive recordkeeping and the establishment of a database for significant industrial users. Said software also simplifies the City’s reporting obligations under 40 CFR 403.12(p) by generating automated reports that summarize compliance efforts, making it easier to submit accurate and timely reports to the EPA or state authorities.
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Rather than initiating a new procurement process, City of Richmond is proposing to utilize a piggyback procurement method, which is permitted under California Public Contract Code Section 20118 and Richmond Municipal Code section 2.52.330.
Piggyback procurement allows one public agency to leverage an existing competitively bid contract from another agency, provided that the procurement process complied with all applicable laws, and the services being procured are substantially similar to the services already covered in the existing contract. This method helps reduce costs, streamline the procurement process, and expedite service delivery while ensuring competitive pricing and compliance with public procurement requirements.
The City of Stockton, California conducted a competitive procurement process and requested submissions of proposals for environmental control enforcement software program. The final date when said City accepted proposals was March 2, 2023. After evaluation, Staff of the City of Stockton found that SwiftComply, Inc. has met the required specifications for the program management and documentation; thus, entering into a contract with SwiftComply, Inc.
By piggybacking on the City of Stockton’s contract, Richmond can efficiently secure the necessary services without a new competitive bidding process.
As noted above, the contract between the City of Richmond and SwftComply, Inc. is in compliance with the Richmond Municipal Code (RMC) Section 2.52.330 Piggyback Procurement which allows for a “piggyback” purchase using another agency’s purchase contract if it is deemed to be in the best interest of the City. Additionally, there is no qualified City of Richmond vendor that can provide this service.
The contract’s total cost is for a not-to-exceed amount of $239,155. The City will be billed $122,100 for the first year, followed by annual maintenance fees enumerated below, based on the level of services provided. The service covers implementation, training, and the first year of subscription services.
Year 1: $122,100.00
Year 2: $ 57,100.00
Year 3: $ 59,955.00
TOTAL: $ 239,155.00
Year 4: $ 62,953.00 (Optional)
Year 5: $ 66,100.00 (Optional)
TOTAL: $ 129,053.00 (2 Optional 1-year extensions)
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Conclusion
In conclusion, City staff recommends adopting the resolution to authorize a three-year contract with SwiftComply, Inc. for FOG, Industrial Pretreatment, and Stormwater services with two optional one-year extensions. This will ensure the City meets all necessary compliance requirements under the MRP, 40 CFR Part 403, and other applicable regulations while improving program efficiency through SwiftComply, Inc.’s comprehensive software platform.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution
Attachment 2 – Contract
Attachment 3 – Piggyback Approval Form