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HomeMy WebLinkAbout09540RESOLUTION NO. 9540 AN ORDINANCE APPROVING AN AGREEMENT IN AN AMOUNT NOT TO EXCEED $70,000 BETWEEN THE CITY OF PUEBLO AND OTTERTAIL ENVIRONMENTAL, INC., FOR PROFESSIONAL SERVICES ASSOCIATED WITH ENVIRONMENTAL MONITORING WHEREAS, the City of Pueblo owns, operates and maintains a wastewater system subject to the requirements of the Federal Clean Water Act and the Colorado Water Quality Control Act; and WHEREAS, the Colorado Department of Public Health and Environment has adopted changes to the regulations governing the methods used to determine attainment of aquatic life uses for surface waters; and WHEREAS, the Colorado Department of Public Health and Environment is proposing to base assessment of compliance with narrative standards for nutrients on the aquatic life attainment methodology; and WHEREAS, the changes may affect the compliance status of Pueblo’s Water Reclamation Facility; and WHEREAS, the City has selected OtterTail Environmental, Inc. to provide professional services for evaluating attainment of aquatic life uses; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Agreement for Professional Services by and between Pueblo, a Municipal Corporation, and OtterTail Environmental, Inc., a true copy of which is attached hereto and incorporated herein by reference (the “Agreement”) having been approved as to form by the City Attorney, is hereby approved. SECTION 2. Funds for payment for professional services under said Agreement in an amount not to exceed $70,000 shall be paid from appropriated funds budgeted in the City’s 2019 Budget from the Sewer User Fund. SECTION 3. The Mayor is hereby authorized to execute said contract on behalf of Pueblo, A Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest the same. SECTION 4. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Resolution and the attached agreement to effectuate the transactions described therein. SECTION 5. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on August 26, 2019 . Final adoption of Ordinance by City Council on September 9, 2019 . President of City Council Action by the Mayor: ☒ Approved on September 13, 2019 . □ Disapproved on based on the following objections: Mayor Action by City Council After Disapproval by the Mayor: □ Council did not act to override the Mayor's veto. □ Ordinance re-adopted on a vote of , on □ Council action on _______ failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk’s Office Item # R-6 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: August 26, 2019 TO: President Dennis E. Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, City Clerk FROM: Nancy Keller, Wastewater Director SUBJECT: AN ORDINANCE APPROVING AN AGREEMENT IN AN AMOUNT NOT TO EXCEED $70,000 BETWEEN THE CITY OF PUEBLO AND OTTERTAIL ENVIRONMENTAL, INC., FOR PROFESSIONAL SERVICES ASSOCIATED WITH ENVIRONMENTAL MONITORING SUMMARY: This Ordinance accepts an agreement between the City of Pueblo and OtterTail Environmental, Inc. for professional services associated with environmental monitoring. The monitoring performed will include a Multi-Metric Index Study in selected portions of the Arkansas River watershed, and related observations of the habitat and sediment. PREVIOUS COUNCIL ACTION : On August 27, 2018 the City Council approved Resolution No.14033, authorizing OtterTail Environmental to perform the 2018 Multi-Metric Index Study. BACKGROUND : The Colorado Department of Public Health and Environment (CDPHE) changed the regulations that establish aquatic life classifications for water bodies and implemented guidance for methods to assess use attainment for aquatic life uses. The assessment methodology is called a Multi-Metric Assessment. CDPHE is currently proposing to use this method in determining compliance with the narrative standard for nutrients. It may affect standards for selenium as well. A finding of non-attainment will result in the stream segment being added to the list of impaired waters, which in turn will affect the effluent limits applied to Pueblo’s Water Reclamation Facility. The next evaluation will be performed in 2020. It is in the interest of the City of Pueblo to perform assessments to determine the compliance status of Segment 1a of the Lower Arkansas River, and to ensure that the assessment will not be based on the result of a single sampling effort. FINANCIAL IMPLICATIONS : Funds for the 2019 Multi-Metric Assessment study are available from the Sewer User Fund and were appropriated in the 2019 budget. BOARD/COMMISSION RECOMMENDATION : Not applicable STAKEHOLDER PROCESS : None ALTERNATIVES : The alternative is to wait for CDPHE to determine if the stream is meeting the narrative nutrient standard based on one sample collected by the CDPHE staff. Impairment listing will be based on that single sample rather than yearly samples that show a more complete perspective of the river water quality. The potential of listing the stream as impaired is significantly increased when good baseline data is not available. RECOMMENDATION : Approval of the Ordinance. Attachments : Agreement for Professional Services between the City of Pueblo and OtterTail Engineering, Inc.