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.
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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.
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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:
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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.
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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.
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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
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