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HomeMy WebLinkAbout2000-137-11/21/2000-AUTHORIZING THE MAYOR TO EXECUTE A GRANT AGREEMENT WITH THE U.S. DEPARTMENT OF INTERIOR BUREAU OF RE RESOLUTION 2000-137 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO EXECUTE A GRANT AGREEMENT WITH THE U.S. DEPARTMENTOF INTERIOR BUREAU OF RECLAMATION FOR WATER QUALITY MONITORING AT HORSETOOTH RESERVOIR WHEREAS, the U.S. Bureau of Reclamation (the 'Bureau") has approved a grant to the City of Fort Collins (the "City") in the amount of $63,383 for the purchase of water quality monitoring equipment that will be installed at Horsetooth Reservoir; and WHEREAS, the purpose of the water quality monitoring device is to provide water treatment entities with advance notice of any changes to raw water quality, and provide a basis for decisions regarding the need for any recreational restrictions during the repair of the dams at Horsetooth Reservoir; and WHEREAS, the terms and conditions pursuant to which the City and the Bureau would purchase, install and operate the monitoring equipment are set forth is the Grant Agreement (the "Agreement"), a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference; and WHEREAS, the City is authorized to enter into intergovernmental agreements for cooperative activities with other governmental bodies under Article 11, Section 16 of the Charter of the City of Fort Collins. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor is authorized to execute the Agreement in substantially the form attached hereto as Exhibit "A," subject to such modifications in form or substance as the City Manager, in consultation with the City Attorney, may deem necessary to effectuate the purposes of this Resolution or to protect the interests of the City. Passed and adopted at regular meeting of the Council of the C' of Fort Collins this 21st day of November, A.D. 2000. Mayor ATTEST: it, A e City Clerk EXHIBIT "A" GRANT AGREEMENT BETWEEN DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION AND CITY OF FORT COLLINS Water Ouality Monitoring at Horsetooth Reservoir This agreement is between the UNITED STATES OF AMERICA, acting through the Department of the Interior, Bureau of Reclamation, hereinafter referred to as "Reclamation", pursuant to the Small Reclamation Projects Act of 1956 (43 U.S.C., 422 — 423g) as amended, and the CITY OF FORT COLLINS, hereinafter referred to as the "City" I. BACKGROUND: 1. Horsetooth Reservoir is impounded by four dams and a dike, constructed in 1946 — 49 as a part of the Colorado-Big Thompson Project. Municipal and Industrial water supplies are taken from outlets at Soldier Canyon Dam and Horsetooth Dam. The Soldier Canyon outlet provides water to the City of Fort Collins' water treatment plant and the Soldier Canyon Filter Plant. The outlet at Horsetooth Dam provides water to the City of Greeley's Bellevue treatment plant. 2. Reclamation plans to modernize all four Horsetooth Reservoir Dams to preserve the integrity of the dams and to correct any deficiencies that may affect the integrity and performance of the dams and their appurtenant structures. During the construction, water levels in the reservoir will not be allowed to exceed elevation 5360, 70 feet below the unrestricted allowable maximum reservoir elevation. 3. The lower water levels in the reservoir will likely impact the quality of raw water provided to municipal users. Due to the complexity of the system, it is unclear exactly what those impacts will be. As part of the environmental commitments listed in the Final Environmental Assessment and Finding of No Significant Impacts (FONSI), EC-1300-00-02, Reclamation committed to coordinate with the City and other interested parties to install water quality monitoring and transmitting devices in the reservoir. 4. The City supports Reclamation's efforts to act quickly to expedite the modernization, and to ensure the safe operation of the Horsetooth Reservoir dams, and has agreed to apply its staff and equipment to expediting the procurement and installation of the monitoring devices. Waterquality.grant 1111510 Page I of 6 II. OBJECTIVE - PURPOSE: The purpose of this agreement is to install water quality monitoring and transmitting devices to provide water treatment entities with advance notice of any changes to raw water quality, and provide a basis for decisions regarding the need for any recreational restrictions. III. BENEFITS TO BE DERIVED: 1. The planned monitoring will provide water treatment facilities with advance notice of any changes in water quality during the Safety of Dams construction at Horsetooth Reservoir. 2. Data collected can be analyzed to determine whether any recreational restrictions are justified by water quality impacts during Safety of Dams construction. 3. Data collected will allow Reclamation and others to gain a better understanding of the water quality effects of low reservoir conditions. 4. Following Safety of Dams construction, the monitoring and transmitting equipment will continue to provide water treatment entities with real-time water quality data. 5. Mechanisms could be developed to provide real-time and historic water quality data to the public. IV. STATEMENT OF WORK: The City shall perform the following tasks: 1. In compliance with City of Fort Collins purchasing policies and procedures, contract for procurement and installation of one floating unit near the intake of the Soldier Canyon outlet, to collect water quality data at various depths and to transmit the data to Stakeholders that have signed up for this data. Stakeholders as of October 26, 2000 include: City of Fort Collins, Fort Collins—Loveland Water District, and the City of Greeley 2. Coordinate the buoy location and markings with Larimer County Parks and Open Lands personnel to minimize risks to the boating public. 3. Perform all necessary actions to get the unit working and to provide the data to the Stakeholders referenced above. 4. Operate and maintain the unit throughout its useful life. 5. Set up routine meetings to discuss the current status of data collection, condition of equipment, etc. as required. Waterquality.grant 1111510 Page 2 of 6 6. Provide Reclamation with written reports, at least quarterly, detailing accomplishments to date, as well as activities anticipated over the next quarter. Reclamation will: 1. Perform a technical review of the proposed equipment. 2. Reimburse the City for work performed under task 1, up to the limits stated herein. V. FUNDING OF PROTECT COSTS: It is estimated that the City's cost for task 1 will not exceed $63,383. The City shall not incur costs beyond these estimates without authorization from Reclamation. VI. PAYMENTS: Reclamation will pay the City for the actual costs of the requested tasks and of any equipment and/or materials procured in support of those tasks. All reimbursable Safety of Dams program costs will be summarized and invoiced upon completion, signed by the City's representative, and submitted in writing to the Grants and Agreements Officer's Technical Representative as shown in Article VM below. The Grants and Agreements Officer's Technical Representative will process the invoice by resolving any discrepancies with the City's representative. Reclamation will make payment within 14 days of receipt of approved interim or 30 days of receipt of approved final invoice, providing no problems are encountered when the invoice is reviewed for final approval. All payments made by Reclamation pursuant to this agreement shall be in accordance with the requirements and guidelines as set forth in OMB Circular A-102. VII. OFFICIALS NOT TO BENEFIT: No member or delegate of Congress, Resident Commissioner, or Federal or State official, shall be admitted to any share or part of this agreement, or to any benefit that may arise therefrom. VIII. GRANTS AND AGREEMENTS OFFICER'S TECHNICAL REPRESENTATIVE• The Grants and Agreements Officer's Technical Representative for Reclamation is Ms. Beth Boaz; Contact information is included in XIV, below. IX. TERM OF AGREEMENT: Waterquality.grant 11/15/0 Page 3 of 6 This agreement becomes effective on the date shown in block 16 of Form 7-2277, United States of America, City of the Interior, Bureau of Reclamation, Assistance Agreement, and shall remain in force for 3 years from the agreement's effective date, unless the parties mutually agree, in writing, to modification or termination as set forth below. X. MODIFICATION: 1. Authority to modify an agreement on behalf of Reclamation is expressly limited to the Grants and Agreements Officer. The authority of the Grants and Agreements Officer's Technical Representative is subject to limitations that do not include the authority to modify an agreement. 2. This agreement may be modified in writing by mutual agreement between the parties. Any modification made to this agreement shall be confirmed in writing prior to performance of the change. The City assumes all risks, liabilities, and consequences of performing additional work outside the specified scope of work without prior written approval from the Grants and Agreements Officer. Reclamation funds cannot be redirected to work items not listed in this agreement without written approval. XI. TERMINATION: This agreement will be terminated upon expiration or if either party materially fails to comply with any term of the agreement. Also, either party may terminate this agreement upon 30 days written notice to the other party. Should Reclamation determine that the City performance is not in compliance with the terms of the agreement, Reclamation shall so notify the City in writing. The City shall have 60 days in which to come into compliance. However, any termination of this agreement shall not affect or terminate Reclamation's obligations to reimburse the City, as provided in this agreement for expenses already incurred, unless the termination is as a result of the City's material breach of this agreement. XII. GENERAL PROVISIONS: This agreement is subject to and in accordance with the following rules and regulations, exhibits, and provisions: 1. The City shall comply with all local, State, and Federal laws, including the National Environmental Policy Act (NEPA) compliance and cultural resource laws and regulations as required by Reclamation while implementing the terms of this Grant Agreement. 2. OMB Circular No. A-87, Cost Principles for State and Local Governments, are incorporated herein by reference. 3. OMB Circular No. A-102, revised, Grants and Cooperative Agreements with State and Local Governments, are incorporated herein by reference. Waterquality.grant 11/15/0 Page 4 of 6 4. OMB Circular No. A-133, Implementing the Single Audit Act, are incorporated herein by reference. 5. Reclamation General Provisions are attached to this Grant agreement and are hereby incorporated by this reference. Nothing in this agreement endows any person or entity with third party beneficiary rights. Referenced OMB Circulars may be obtained at : http://www.whitehouse.gov/OMB/circulars#numerical XIII. INDEMNIFICATION: To the extent permitted by law, each party to this agreement shall indemnify and hold the other party harmless from any and all losses, damages, or liability and for any third party claims for personal injury, death, or property damage of any nature whatsoever and by whomsoever made, arising out of the activities of its employees or agents under this Grant agreement. Nothing in this agreement, however, expands either party's liability beyond that incurred under applicable tort claims legislation. Waterquality.grant 1111510 Page 5 of 6 XIV. AGENCY CONTACTS Elizabeth M. Boaz, Kevin Gertig, Engineering & Construction Liaison City of Fort Collins U. S. Bureau of Reclamation Water Production Department Eastern Colorado Area Office 4316 W. LaPorte Avenue 11056 W. Co. Rd. 18E Fort Collins, CO 80521 Loveland, CO 80537 Phone: (970) 221-6637 Phone: (970) 962-4337 Fax: (970) 221-6736 Fax: (970) 663-3212 E-mail: kgertig@ci.fort-collins.co.us E-mail: BBOAZ@gp.usbr.gov Waterquality.grant 1111510 Page 6 of 6