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HomeMy WebLinkAboutR-2002-095 Bonneville Power Administration Intergovernmental AgreementRESOLUTION NO. R 2002 -qs A RESOLUTION authorizing and directing the City Manager to execute an intergovernmental agreement with the Bonneville Power Administration to fund development of a Master Plan consisting of projects related to normative flows and habitat restoration within the jurisdictional area of the City of Yakima. WHEREAS, the City of Yakima desires to maintain, preserve and restore functioning aquatic and riparian habitat within the City's jurisdictional area; and WHEREAS, in furtherance of such maintenance, preservation and restoration, it is necessary to update existing natural resource and GIS information regarding aquatic and riparian habitat within the jurisdictional area of the City of Yakima; and WHEREAS, conditioned upon execution of the attached agreement, the Bonneville Power Administration is willing to provide $349,000 in funding to the City to assist with the development of a Master Plan consisting of projects related to normative flows and habitat restoration within the jurisdictional area of the City of Yakima; and WHEREAS, the City Council deems it to be in the best public interest of the City of Yakima to authorize execution of an intergovernmental agreement between the City of Yakima and the Bonneville Power Administration to fund the development of a Master Plan consisting of projects related to normative flows and habitat restoration within the jurisdictional area of the City of Yakima, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated intergovernmental agreement between the City of Yakima and the Bonneville Power Administration to fund development of a Master Plan consisting of projects related to normative flows and habitat restoration within the jurisdictional area of the City of Yakima. ADOPTED BY THE CITY COUNCIL this 16th day of July 2002. ATTEST: Karen Roberts, City Clerk / '�lli.�/g/,, ry Place, Mayor BONNEVILLE POWER ADMINISTRATION Mail Invoice To: Program Analyst - KEWB-4 Bonneville Power Admin. - PBL P. O. Box 3621 Portland OR 97208-3621 INTERGOVERNMENT CONTRACT Contract :00010171 Release Page : 1 Vendor: CITY OF YAKIMA 129 N 2ND STREET YAKIMA WA 98901 Attn: DUEANE CALVIN Please Direct Inquiries to. TINA L. HOFFSTOT Title: CONTRACT SPECIALIST Phone: (503) 230-4042 Fax : (503) 230-4508 Contract Title: 2002-038-00 HABITAT ACQUISITION IN THE YAKIMA BASIN Total Value : $349,000.00 Pricing Method: COST, NO FEE Performance Period: 06/01/02 - 05/31/03 ** NOT TO EXCEED ** Payment Terms: % Days Net 30 Contractor Signature Richard A. Zais, Jr., City Manager grapy of Work Attached CITY CONTRACT NO: RESOLUTION NO: 3 City of Yakima PROTECT NORMATIVE STRUCTURE AND FUNCTION OF CRITICAL AQUATIC AND RIPARIAN HABITAT WITHIN CITY OF YAKIMA JURISDICTIONAL AREAS Master Plan Assessment Phase PROJECT NUMBER 2002-038-00 Statement of Work Project Goal The overall goal of the project is to maintain, preserve and restore functioning aquatic and riparian habitat within the jurisdictional area of the City of Yakima over the long term. Background Historically, spring chinook, fall chinook, coho, summer steelhead, and bull trout utilized rivers and creeks within the City of Yakima's jurisdictional boundary. Over the past 100 years, however, the aquatic and riparian habitat within this area has been significantly impacted as a result of agriculture and more recently urban development activities. Agricultural development in the early 1900s diverted surface water for irrigation. Agricultural development also extended up to streambanks to provide livestock access to water and for maximum use of cultivated land. Commercial, industrial and urban growth in the region through the 1900s occurred in close proximity to surface waterbodies. Relocation of channels, construction of levees, vegetation removal, filling of wetlands and construction of roads and houses are some of the impacts that have occurred. As a result of these impacts to the waterbodies and floodplains, water quality has degraded and the normative structure and function of the aquatic and riparian habitat has been affected. The resulting effect is that streams such as Ahtanum Creek and its tributaries, which were historically important for production of salmon, steelhead, and bull trout, today contain spring Chinook and coho salmon in only small numbers, and even fewer numbers of steelhead and bull trout which are listed under the Endangered Species Act. This project provides support for the water investment action agenda for the Yakima Basin and the 2000 Fish and Wildlife Program through the development of a plan to protect and restore riparian and aquatic habitat within the jurisdictional area of the City of Yakima. In addition, this project works in concert with past and ongoing efforts in the basin such as the Yakima River Basin Enhancement Program, the Cowiche Creek Riparian Restoration project, the Yakima/Klickitat Fisheries Project, efforts by Washington Department of Fish and Wildlife WDFW, the Yakima Spring Chinook Study, the Yakima Basin Environmental Education Teacher Training Program and a host of others. Project Location 4 The project location is the area within the jurisdictional area of the City of Yakima, Washington. BPA Furnished Property None Work to be Performed This Statement of Work addresses the first year of an effort anticipated to last five to six years. In this first year, a Master Plan will be developed and submitted for review and approval by the Northwest Power Planning Commission. Work in subsequent years will consist of implementation and updates of the Master Plan under separate Bonneville Power Administration grants. The Master Plan will provide a prioritized list of projects for normative flow maintenance and restoration along with supporting documentation. OVERALL OBJECTIVE: Prepare a Master Plan Task l: Habitat Assessment/Inventory of Current Conditions Summarize and update existing natural resource information and GIS coverages for aquatic and riparian habitat. 5 Task 1.1 Summary of completed/ongoing efforts Develop a summary of the status of aquatic and riparian habitat efforts recently completed or in progress by major agencies and stakeholders Deliverable Organized summary of existing and completed efforts. Findings will be summarized and incorporated into the Final Master Plan. Task 1.2 GIS database development Deliverable Collect, update, and develop a physical GIS Maps and associated GIS database. Upon database of habitat and fish and wildlife completion of this scope of work, all data will resources within the City of Yakima be delivered as both .e00 Arclnfo Export files and as ArcView shapefiles, or when jurisdictional area. Digitize other habitat resources from aerial photos of the area. applicable, in its native format (e.g. DEM, grids). FGDC compliant metadata records Develop data sets and generate maps that may received or readily available for each include the following types of information: ❑ Historic and current wetlands (NWI); coverage/shapefile and any external database files will also be included. All data will be projected in Washington State Plane North, NAD 83, with units in feet. ❑ Land ownership; ❑ Threatened, endangered, and sensitive species historic and current distribution; o Riparian corridors within 0-25 feet and within 25-50 feet of rivers or creeks and associated land ownership; o Historic and current fish distribution by species; o Current distribution of exotic and noxious weeds and potential spread by habitat type; o Current and potential natural vegetation; o Sensitive wildlife sites; o Lands at outfalls of existing pipelines and ditches to surface water; o Water quality limited streams, rivers, and lakes by category (temperature, sedimentation, pollution, etc.) (Clean Water Act 303(d) listings); o Irrigation diversions; o Potential fish passage barriers; Task 1.3: Develop/Utilize a Technical Work Group Deliverable with Appropriate Stakeholders A technical work group will be Develop and work with a Technical Work Group developed. Quarterly meetings, or comprised of local experts and stakeholders to provide direction, recommendations, and critique of planning documents. when otherwise appropriate, will be completed with the Project Manager, subcontractors, and the Technical The Work Group may be composed of agency Work Group. Information will be and stakeholder experts from City of Yakima, summarized and incorporated into the WDFW, NMFS, BPA, Yakama Nation, Final Strategy and Work Plan WSDOT, USFWS, DNR, BOR, NRCS, document. WDOE, Yakima County, Conservation 6 District, BLM, USFS, Union Gap, Greenway Association, Tri -County Water Resources Agency, and others. Deliverable Task 1.4 Data Verification. Deliverable Conduct systematic field reconnaissance of selected and Individual survey teams and roles and critical natural resource information such as corridor responsibilities established. Survey width, outfalls, and fish passage barriers to fill in gaps identified above and to field verify GIS data. Pictures of teams trained in procedures to collect lands within the corridors and at pipeline outfalls will be incorporated into GIS database. Additional verification may occur through aerial photographs; consultation with consistent data. Survey protocol critically evaluated as agencies and landowners, etc. needed. Database of habitat information. Incorporation of data into GIS updates. Task 2: Habitat Summary and Project Prioritization Development Utilizing the habitat assessment data develop a habitat summary and prioritize actions Task 2.1 Summarize habitat information Deliverable Summarize information collected in Task 1 above and develop a list of projects. List of potential activities. Task 2.2 Action prioritization Work with Technical Work Group and stakeholders to determine feasibility, limitations, costs and benefits of activities and improvements. Establish a priority list of projects (with planning level cost estimates) that could be implemented. Secure expert technical review and consensus by the Technical Work Group on the prioritization method and list of prioritized areas. Deliverable A priority list of projects will be developed, reviewed by the technical Work Group and stakeholders, and incorporated into the final Master Plan. Task 2.3 Habitat Summary and Project Prioritization Report Complete a report summarizing the past/ongoing projects in the project area, the compilation of natural resource data (including GIS maps), the prioritization strategy, potential projects, and prioritization of projects Deliverable The report will contain an executive summary and a narrative of findings of task 1 in this project (e.g., incorporated as sections, memorandums, attachments or appendices, etc.). The major sections of the report will be organized by technical area. The use of tabulated and graphical (GIS) presentation of data will be maximized. All materials will be included in digital format on compact disk with the hardcopies. The report will include GIS maps, figures, and tables. Figures will be prepared in either an 8" x 11" or an 11" x 17" format with selected plates. Task 3: Education and outreach Design an education and outreach program for school age children and general public Task 3.1 Hire Education/Outreach 7 coordinator One FTE will be hired. Task 3.2 Summarize existing programs Identify existing environmental education programs in the vicinity of the jurisdictional area of the City of vicinity of the jurisdictional area of the City of Yakima and coordinate with them to avoid duplication. Deliverable A summary of existing environmental education programs and contacts will be produced. Task 3.3 Outreach Activities Provide outreach information to members of the local community through press releases, public service announcements, public meetings, school groups, civic organizations,etc. Deliverable Quarterly press releases will be produced, school programs conducted and public service announcements produced. Task 3.4 Develop a project website Deliverable A website will be developed to post downloadable project information, including, quarterly status reports, and final reports. Task 4: Prepare a Master Plan Develop a Master Plan to conduct restoration and/or acquisition projects in selected and prioritized stream reaches within the jurisdiction of the City of Yakima. This Plan will also help define priority activities to be conducted during Years 2 and 3. Task 4.1 DRAFT Master Plan Deliverable Development. DRAFT Master Plan to be reviewed by Technical Work with the Technical Work Group and stakeholders to develop a project management structure and build on the Advisory Group and stakeholders. Habitat Summary to include specifics of implementation of projects for the next 3 years. Provide a project monitoring plan and schedule. Provide summary of NEPA/SEPA considerations for project activity implementation. Provide a summary of future funding needs and a detailed plan for funding application. Task 4.2 Public comment Deliverable Provide DRAFT document to public for public comment Public comments incorporated into final plan. Task 4.3 FINAL Plan Development Deliverable Incorporate revisions and produce the FINAL FINAL Master Plan of project implementation. Master Plan document Budget Contractor: City of Yakima BPA Project No: 2002-038-00 Budget Period: 2002-2003 1. PERSONNEL UNIT RATE TOTAL Outreach/Education 1.0 FTE $40,000 $40,000 Fringe $14,000 Personnel Subtotal $54,000 2. TRAVEL Per Diem 45 days $30 $13,500 Mileage 2,920 miles $0.365 $1,066 Travel Subtotal $14,566 3. SUPPLIES/SERVICE (Copies, communication, software, educational materials, etc) $28,000 4. TRAINING 0 8 5. NEPA (included in 8. SUBCONTRACTOR COSTS) 0 6. INDIRECT COSTS 0 7. CAPITAL EQUIPMENT 0 9 Subtotal $96,566 8. SUBCONTRACTOR COSTS (GOLDER ASSOCIATES INC) 1. PERSONNEL UNIT RATE TOTAL (includes fringe and overhead) Principal 30 hrs $160.00 $4,800 Associate 300 hrs $135.00 $40,500 Senior 120 hrs $120.00 $14,400 Project 1042 hrs $ 85.00 $88,570 Staff 300 hrs $77.50 $23,250 GIS 866 hrs $72.50 $62,765 Word Processing/Admin 50 hrs $52.50 $2,625 Personnel Subtotal $236,910 2. TRAVEL Lodging 60 days $60.00 $3,600 Per Diem 57 days $30.00 $1,710 Mileage 2950 miles $0.365 $1, 944 Travel Subtotal $7,250 3. SUPPLIES/SERVICE Copies, communications, plots, etc $8,274 4. TRAINING 0 5. INDIRECT COSTS 6. CAPITAL EQUIPMENT TOTAL SUBCONTRACTOR COST TOTAL PROJECT BUDGET Project Schedule 0 $252,434 $349,000 Task Completion date Task 1.1 Summary of completed ongoing efforts August 2002 Task 1.2 GIS database development October 2002 Task 1.3 Develop/utilize a Technical Work Group TAG in place August 2002; Activities ongoing Task 1.4 Conduct and prepare a habitat assessment September 2002 Task 2.1 Summarize habitat information November 2002 Task 2.2 Action prioritization December 2002 Task 2.3 Habitat Strategic Plan December 2002 Task 3.1 Hire Education/Outreach Coordinator September 2002 Task 3.2 Summarize existing programs October 2002 Task 3.3 Outreach activities Ongoing; beginning September 2002 Task 3.4 Develop a project website December 2002 Task 4.1 DRAFT plan February 2003 Task 4.2 Public Comment March 2003 Task 4.3 FINAL plan April 2003 0 10 TABLE OF CONTENTS UNIT 1 - SCHEDULE 2 PROJECT RENEWAL (7-51) 2 SCHEDULE OF PRICES (22-51) 2 SCIENTIFIC AND TECHNICAL INFORMATION REPORTING REQUIREMENTS (14-15) 2 UNIT 2 - CONTRACT CLAUSES 2 PAYMENT AND TAXES 2 ELECTRONIC FUNDS TRANSFER PAYMENT (22-20) 2 PAYMENT IN ARREARS (25-2.1) 3 CONTRACT CEILING LIMITATION (22-7) 4 LIMITATION ON TRAVEL COSTS (22-50) 4 GENERAL CONTRACT ADMINISTRATION 4 CONTRACT ADMINISTRATION REPRESENTATIVES (14-2) 5 REPORTING REQUIREMENTS (25-1) 5 CHANGES (25-4) 6 AUDIT -- INTERGOVERNMENTAL CONTRACT (25-5) 6 PUBLICATION/PRESENTATIONS (25-8) 6 ENDANGERED SPECIES ACT REQUIREMENTS (25-9) 7 STANDARDS OF CONDUCT AND BUSINESS PRACTICES 7 ORGANIZATIONAL CONFLICTS OF INTEREST (3-2) 7 CERTIFICATION, DISCLOSURE, AND LIMITATION REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (3-3) 7 DRUG-FREE WORKPLACE (3-6) 9 PRIVACY ACT (5-1) 10 SOCIO-ECONOMIC ISSUES 11 SOCIO-ECONOMIC REQUIREMENTS (25-6) 11 NONDISCRIMINATION AND AFFIRMATIVE ACTION (10-1) 11 PROPERTY 11 CONTRACTOR USE OF GOVERNMENT-OWNED VEHICLES (19-3) 12 BPA-FURNISHED/CONTRACTOR-ACQUIRED PROPERTY (19-1) 12 TERMINATION 12 TERMINATION FOR CONVENIENCE BY EITHER PARTY (20-1) 13 UNIT 3 - STATEMENT OF WORK AND BUDGET Contract 00010171 Page 1 UNIT 1 - SCHEDULE PROJECT RENEWAL (7-51) (SEP 98) This Project may be incrementally funded on an annual basis subject to BPA's favorable determination of the following: (1) Availability of adequate funds in BPA's Fish and Wildlife Program. (2) Required reports were submitted and contained required date. (3) Results demonstrate progress towards project goals was equal to or greater than established by the Intergovernmental Contract. (4) The next year's work statement has been approved by BPA. (5) The annual formal presentation of the project status, if required, has been completed on a timely basis; and BPA desires to continue the project. SCHEDULE OF PRICES (22-51) (SEP 98) The contractor shall provide all supplies/services according to the statement of work and budget. SCIENTIFIC AND TECHNICAL INFORMATION REPORTING REQUIREMENTS (14-15) (SEP 98)(BPI 14.14.1) (a) The contractor shall prepare scientific and technical information developed as a result of this contract in accordance with the required report format for publications. A 50 to 300 word abstract (summary) of the report must also be provided. The contractor shall coordinate with the Contracting Officer's Technical Representative (COTR) for preparation and transmittal of the electronic copy of the required deliverables. Recognized electronic document interchange formats include HTML, Postscript, and PDF. (b) The COTR shall forward electronic form DOE F 241.1 plus two (2) paper copies of the final report to the BPA Library. UNIT 2 - CONTRACT CLAUSES PAYMENT AND TAXES ELECTRONIC FUNDS TRANSFER PAYMENT (22-20) (SEP 98)(BPI 22.6.2) (a) Payment Method. Payments under this contract, including invoice and contract financing payments, will be made by electronic funds transfer (EFT). Contractors are required to provide its taxpayer identification number (TIN) and other necessary banking information as per paragraph (c) of this clause to receive EFT payment. (b) Contractor EFT arrangement with a financial institution or authorized payment agent. The Contractor shall designate to BPA, as per paragraph (c) of this clause, and maintain at its own expense, a single financial institution or authorized payment agent capable of receiving and processing EFT using the Automated Clearing House (ACH) transfer method. The most current designation and EFT information will be used for all payments under all BPA contracts, unless the BPA Disbursement Operations office is notified of a change as per paragraph (d) of this clause. An initial designation should be submitted after award, but no later than three weeks before an invoice or contract financing request is submitted for payment. Contract 00010171 Page 2 (c) Submission of EFT banking information to BPA. The Contractor shall submit EFT enrollment banking information directly to BPA Disbursement Operations using either SF 3881, "ACH Vendor/Miscellaneous Payment Enrollment Form" or BPA's "Simplified Vendor Express Enrollment Form." These EFT enrollment forms are available either from the Contracting Officer (CO) or from BPA Disbursement Operations. If you have any questions or need assistance, please call the BPA "Vendor Maintenance" at (503) 230-4004. Submit completed enrollment form to the following address: Bonneville Power Administration Disbursement Operations, Attention: EFT PO Box 3621 Portland, OR 97208-3621 (d) Change in EFT information. In the event that EFT information changes or the Contractor elects to designate a different financial institution for the receipt of any payment made using EFT procedures, the Contractor shall be responsible for providing the changed information to the BPA Disbursement Operations office. BPA Disbursement Operations must be notified 30 days prior to the date such change is to become effective. (e) Suspension of Payment. BPA is not required to make any payment under this contract until receipt of the correct EFT payment information from the Contractor. (f) EFT and prompt payment. BPA shall pay no penalty on delay of payment resulting from defective EFT information. BPA will notify the Contractor within 7 days of its receipt of EFT information which it determines to be defective. (g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the Assignment of Claims clause of this contract, the assignee shall provide the assignee's EFT information required by paragraph (c) of this clause. PAYMENT IN ARREARS (25-2.1) (AUG 00)(BPI 25.3.1) (a) The contractor -agency shall submit an original invoice monthly for work performed, noting the Intergovernmental Contract number and BPA Project No 2002-038-00, to: Bonneville Power Administration Attn. Program Analyst — KEWB-4 P.O. Box 3621 Portland, Oregon 97208 (b) The contractor -agency will supply the Contracting Officer's Technical Representative (COTR) with a copy of the invoice and an itemized listing of expenditures for each budgetary line item set forth in the approved budget, showing as a minimum: (1) Salaries (including personnel and the total number of direct labor hours expended); (2) Travel and transportation (including per diem); (3) Non expendable equipment and materials (greater than $3000 per item) - attach supporting documentation, including description, date of purchase, purchase cost, model number, and serial number; (4) Expendable equipment and material (sensitive in nature); (5) Operations and maintenance (including computer services and publications); (6) Overhead; Contract 00010171 Page 3 (7) The currently approved budget; and (8) Cumulative expenditures to date (c) Non -itemized and/or incomplete billings will be retained for payment processing until correct information has been supplied by the contractor -agency. Allowable costs shall be determined in accordance with the cost principles of OMB Circular A-87 and are subject to the limitation of the award ceiling. CONTRACT CEILING LIMITATION (22-7) (SEP 98)(BPI 22.1.3) a) The Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within the contract ceiling. The contract ceiling includes all estimated costs (both direct and indirect) and any fee allowance. If this is a cost-sharing contract, the contract ceiling includes both BPA's and the Contractor's share of the cost. (b) Notification of CO. The Contractor shall notify the CO in writing at the first indication that the total cost for the performance of this contract, exclusive of any fee, will be either greater or substantially less than had been previously estimated. (c) Revised Estimate. As part of the notification, the Contractor shall provide the CO a revised estimate of the total cost of performing this contract. (d) Contract Ceiling. (1) BPA is not obligated to reimburse the Contractor for costs incurred in excess of the contract ceiling specified in the Schedule or, if this is a cost-sharing contract, the estimated cost to BPA specified in the Schedule; and (2) The Contractor is not obligated to continue performance under this contract (including actions under the Termination clause of this contract) or otherwise incur costs in excess of the contract ceiling specified in the Schedule, until the CO notifies the Contractor in writing that the contract ceiling has been increased. (e) No notice, communication, or representation, or from any person other than the CO, shall affect this contract's contract ceiling. (0 If this contract is terminated or the contract ceiling is not increased, BPA and the Contractor shall negotiate an equitable distribution of all property produced or purchased under the contract, based upon the share of costs incurred by each. LIMITATION ON TRAVEL COSTS (22-50) (SEP 98) Costs incurred for lodging, meals, and incidental expenses shall be reimbursed on an actual cost basis to the extent that they do not exceed on a daily basis the per diem rates in effect at the time of travel as set forth in the Federal Travel Regulations, prescribed by the General Services Administration, for travel in the conterminous 48 United States. Airline costs will be reimbursed on an actual cost basis to the extent determined reasonable and allocable under Part 13 of the BPI. Any variation from these requirements must be approved by the CO. Contractors may request a letter from the Contracting Officer authorizing access to an airline, lodging, or other rates negotiated for government travel to the extent such authorization is honored by the service providers (http://policyworks.gov/org/main/mt/homepage/mtt/perdiem/travel.shtml). GENERAL CONTRACT ADMINISTRATION Contract 00010171 Page 4 CONTRACT ADMINISTRATION REPRESENTATIVES (14-2) (SEP 98)(BPI 14.3.2) (a) In the administration of this contract, the Contracting Officer may be represented by one or more of the following: Contracting Officer's Representative for administrative matters, and Contracting Officer's Technical Representative, Receiving Inspector, and/or Field Inspector for technical matters. (b) These representatives are authorized to act on behalf of the Contracting Officer in all matters pertaining to the contract, except: (1) contract modifications that change the contract price, technical requirements or time for performance, unless delegated field modification authority (see clause 24-25); (2) suspension or termination of the Contractor's right to proceed, either for default or for convenience of BPA; and (3) final decisions on any matters subject to appeal, as provided in a disputes clause. In addition, Field Inspectors may not make final acceptance under the contract. REPORTING REQUIREMENTS (25-1) (SEP 98)(BPI 25.2) (a) Quarterly Progress Reports: (1) Shall be submitted no later than 15 days after the end of the quarter. (2) Three copies submitted to: David Brynes — KEWL-4 Bonneville Power Administration P.O. Box 3621 Portland, OR 97208 (3) Reports shall include: (A) Summary of significant results or activities (if any). (B) Brief discussion of: any major problems encountered, changes in work plan, or schedule deviations. (C) A short description of planned activities for the following quarter/month. (D) Itemized listing of each non expendable property item procured under this contract (subcontractors included) greater than $3,000, and each designated sensitive item (see contract specifications for non expendable equipment and material). (b) Annual Reports: (1) Annual Report shall be prepared and issued by June 1, 2003. Upon the COTR's request, the project manager shall submit, for BPA approval, a journal manuscript in lieu of an annual report. (2) A draft of the Annual Report shall be provided to BPA 60 days prior to June 1, 2003. (3) Two copies of the BPA approved Annual Reports shall be submitted to: David Brynes — KEWL-4 Bonneville Power Administration P.O. Box 3621 Portland, OR 97208. (4) Reports shall include: (A) Abstract (limit 600 words). Contract 00010171 Page 5 (B) Introduction. (C) Description of project area. (D) Methods and materials. (E) Results and discussion of results obtained from the year's work. (F) Summary and conclusions. (G) Summary of expenditures, including a list of major property purchased during the fiscal year. (H) Supplemental volume or appendices that contain detailed summaries of all data collected. (c) Final Completion Reports: (1) The Annual Report format will be used for the Final Report. (2) A final draft of the Completion Report shall be provided to BPA by 1 month after contract completion. Three copies of the BPA approved Final Completion Report will be prepared and issued by 2 months after contract completion. Final Completion Report reproduction format will be stipulated during the review of the draft report. (3) Three copies of the BPA approved fmal report shall be submitted to: David Brynes — KEWL-4 Bonneville Power Administration P.O. Box 3621 Portland, OR 97208 CHANGES (25-4) (SEP 98)(BPI 25.2) Any changes in the project objectives, scope, or key personnel, including any proposed transfer of expenditures between all approved budget line items above 5 percent of the contract total must be approved by the Contracting Officer. All such changes must be submitted in writing through the Contracting Officer's Technical Representative prior to initiating the change. AUDIT -- INTERGOVERNMENTAL CONTRACT (25-5) (SEP 98)(BPI 25.2.1) (a) The contractor -agency shall maintain accounting procedures and practices sufficient to reflect properly all costs claimed to have been incurred in performing this agreement. The Contracting Officer, or representatives of the Contracting Officer, shall have the right to examine books, records, documents and other evidence supporting such claimed costs at all reasonable times at the agency's facilities used in performing this agreement and other locations where records pertaining to this agreement are maintained Such records shall be retained and made available for examination until 3 years after the budget year in which they were created. (b) The contractor -agency shall comply with the provisions of OMB Circular A-133. The contractor -agency shall apply provisions of those circulars concerning program levels requiring audits, audit scope, and determinations of this agreement as if it was a Federal assistance program. If an audit is required, a copy of the audit report shall be sent to the BPA Internal Audit Staff, Mail Stop GN -7, Bonneville Power Administration, P.O. Box 3621, Portland, OR 97208 , and other distribution of the report as required by the circular. PUBLICATION/PRESENTATIONS (25-8) (SEP 98)(BPI 25.2) All news releases, presentations, publications, or signage and related shall acknowledge BPA support for project activities. BPA strongly endorses the publication of project results in scientific journals to facilitate public access and to preserve project data. Copies of news articles, publications, etc. shall be provided to the COTR. When appropriate, Project Managers shall prepare manuscripts for submission to journal editors, giving due credit for BPA's financial support. BPA reserves the right to publish all or part of the reports submitted pursuant to the terms of this contract. Contract 00010171 Page 6 ENDANGERED SPECIES ACT REQUIREMENTS (25-9) (SEP 98)(BPI 25.2) (a) To the extent requested by BPA, the Contractor -agency shall: (1) participate in consultations and conferences conducted under Section 7 of the Endangered Species Act (ESA); (2) obtain, or assist BPA in obtaining permits under Section 10 of the ESA, and (3) provide to BPA all information, materials, documents, records and other assistance requested by BPA for such consultations, conferences, or the acquisition of permits. (b) The Contractor -agency shall not proceed with action/activities in this agreement until completion of requisite consultations and conferences and the acquisition of necessary permits. To the extent requested by BPA, the Contractor - agency shall comply with conditions identified during consultations and conferences and with the provisions of any requisite permit. STANDARDS OF CONDUCT AND BUSINESS PRACTICES ORGANIZATIONAL CONFLICTS OF INTEREST (3-2) (SEP 98)(BPI 3.4.6) (a) The offeror or Contractor warrants that, to the best of its knowledge and belief, and except as otherwise disclosed, there are no relevant facts which could give rise to organizational conflicts of interest, as defined in BPI 3.4.1 or that the offeror or Contractor has disclosed all relevant information to the Contracting Officer. (b) The offeror or Contractor agrees that, if after award, an organizational conflict of interest with respect to this contract is discovered, an immediate and full disclosure in writing shall be made to the Contracting Officer which shall include a description of the action which the Contractor has taken or proposes to take to avoid or mitigate such conflicts. (c) In the event that the Contractor was aware of an organizational conflict of interest prior to the award of this contract and did not disclose the conflict to the Contracting Officer, BPA may terminate the contract for default. (d) The provisions of this clause shall be included in all subcontracts for work to be performed similar to the services provided by the prime Contractor, and the terms "contract," "Contractor," "Contracting Officer" modified appropriately. CERTIFICATION, DISCLOSURE, AND LIMITATION REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (3-3) (SEP 98)(BPI 3.5.6) (a) As used in this clause: "Covered Federal action" means (1) The awarding of any Federal contract. (2) The extension, continuation, renewal, amendment, or modification of any Federal contract. "Indian tribe" and "tribal organization" have the meaning provided in section 4 of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450B) and includes Alaskan Natives. "Influencing or attempting to influence" means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action. Contract 00010171 Page 7 "Local government" means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, includes a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government. "Person" means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law. "Reasonable compensation" means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government. "Reasonable payment" means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector. "Recipient" includes all contractors and subcontractors. The term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law. "Regularly employed" means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within one year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within one year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days. "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, an agency or instrumentality of a State, and a multi -State, regional, or interstate entity having governmental duties and powers. (b) The offeror, by signing its offer, hereby certifies to the best of his or her knowledge and belief that: (1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of any Federal contract or the extension, continuation, renewal, amendment, or modification of any Federal contract. (2) If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with this solicitation, the offeror shall complete and submit, with its offer, Standard Form -LLL, Disclosure of Lobbying Activities, to the Contracting Officer. (3) He or she will include the language of this certification in all subcontract awards at any tier and that all sub - recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly. (c) Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by section 1352, title 31, U.S. Code. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (d) A contractor who requests or receives from an agency a Federal contract shall file with that agency a disclosure form, OMB standard form LLL, Disclosure of Lobbying Activities, if such person has made or has agreed to make any payment using non appropriated funds (to include profits from any covered Federal action), which would be prohibited under this clause if paid for with appropriated funds. Contract 00010171 Page 8 (e) The contractor shall file a disclosure form at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the information contained in any disclosure form previously filed by such person under paragraph (b) of this clause. An event that materially affects the accuracy of the information reported includes -- (1) A cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or (2) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or (3) A change in the officer(s), employee(s), or Member(s) contacted to influence or attempt to influence a covered Federal action. (0 The contractor shall require the submittal of a certification, and if required, a disclosure form, by any person who requests or receives any subcontract exceeding $100,000 under the Federal contract. (g) All subcontractor disclosure forms (but not certifications), shall be forwarded from tier to tier until received by the prime contractor. The prime contractor shall submit all disclosure forms to the Contracting Officer at the end of the calendar quarter in which the disclosure form is submitted by the subcontractor. Each subcontractor certification shall be retained in the subcontract file of the awarding contractor. (h) Any person who makes an expenditure prohibited under this clause or who fails to file or amend the disclosure form to be filed or amended by this clause shall be subject to a civil penalty as provided by 31 U. S. Code 1352. An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable. DRUG-FREE WORKPLACE (3-6) (SEP 98)(BPI 3.6.4) (a) The contractor agrees that with respect to all employees to be employed under this contract it will provide a drug-free workplace as described in this clause. (b) Definitions. As used in this clause "Controlled substance" means a controlled substance in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812), as from time to time amended, and as further defmed in regulation at 21 CFR 1308.11-1308.15, as amended. "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes. "Criminal drug statute" means a Federal or non -Federal criminal statute involving the manufacture, distribution, dispensing, possession or use of any controlled substance. "Drug-free workplace" means the site(s) for the performance of work done by the contractor in connection with a specific contract at which employees of the contractor are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance. "Employee" means an employee of a contractor directly engaged in the performance of work under a Government contract. "Directly engaged" is defmed to include all direct cost employees and any other contractor employees who have other than a minimal impact or involvement in contract performance. "Individual" means an offeror/contractor that has no more than one employee including the offeror/contractor. (c) The Contractor, if other than an individual, shall -- within 30 calendar days after award (unless a longer period is agreed to in writing for contracts of 30 calendar days or more performance duration); or as soon as possible for contracts of less than 30 calendar days performance duration -- (1) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; Contract 00010171 Page 9 (2) Establish an on-going drug-free awareness program to inform such employees about -- (A) The dangers of drug abuse in the workplace; (B) The contractor's policy of maintaining a drug-free workplace; (C) Any available drug counseling, rehabilitation, and employee assistance programs; and (D) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. Provide all employees engaged in performance of the contract with a copy of the statement required by subparagraph (c)(1) of this clause; (4) Notify such employees in writing in the statement required by subparagraph (c)(1) of this clause that, as a condition of continued employment on this contract, the employee will -- (A) Abide by the terms of the statement; and (B) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than five (5) days after such conviction. (3) (5) Notify the Contracting Officer in writing within ten (10) days after receiving notice under subdivision (c)(4)(B) of this clause, from an employee, or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; (6) Within 30 days after receiving notice under subparagraph (c)(4)(B) of this clause of a conviction, take one of the following actions with respect to any employee who is convicted of a drug abuse violation occurring in the workplace: (7) (A) Taking appropriate personnel action against such employee, up to and including termination; and/or (B) Require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. Make a good faith effort to maintain a drug-free workplace through implementation of subparagraphs (c)(1) through (c)(6) of this clause. (d) In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraph (c) of this clause may, pursuant to BPI 3.6.3 render the contractor subject to suspension of contract payments, termination of the contract for default, and suspension or debarment. PRIVACY ACT (5-1) (SEP 98)(BPI 5.1.2) (a) The Contractor shall be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of 1974, Public Law 93-579, December 31, 1974, (5 U.S.C. 552a) and applicable DOE regulations. (b) The Contractor agrees to: (1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals. (2) Include this clause in all subcontracts awarded under this contract which require the design, development, or operation of such a system of records. Contract 00010171 Page 10 (c) In the event of violations of the Act, a civil action may be brought against BPA if the violation concerns the design, development, or operation of a system of records on individuals to accomplish a BPA function, and criminal penalties may be imposed upon the employees of BPA when the violation concerns the operation of a system of records on individuals to accomplish a BPA function. For purposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the Contractor and any employee of the Contractor are considered to be employees of BPA. SOCIO-ECONOMIC ISSUES SOCIO-ECONOMIC REQUIREMENTS (25-6) (SEP 98)(BPI 25.2.1) The contractor -agency agrees to comply with the following Federal Laws and Executive Orders: (a) Executive Order 11246, Equal Employment Opportunity (b) Drug Free Workplace Act of 1988, P.L. 100-690 NONDISCRIMINATION AND AFFIRMATIVE ACTION (10-1) (SEP 98)(BPI 10.2.1) (a) The Contractor shall not discriminate against its employees or applicants because of their race, color, religion, sex, national origin, age, status as Disabled or Vietnam Veterans, or physical or mental handicaps. The Contractor certifies that it does not, and will not, maintain segregated facilities or accommodations on the basis of race, color, religion or national origin. Regarding any position for which an employee or an applicant is qualified, the Contractor agrees to take affirmative action to employ, train, advance in employment, and retain individuals in accordance with applicable laws and regulations including: (1) For nondiscrimination based on race, color, religion, sex or national origin this includes, but is not limited to, the U.S. Constitution, and Parts II and IV of Executive Order 11246, September 24, 1965 (30 FR 12319). Contractor disputes related to compliance with its obligations shall be handled according to the rules, regulations, and relevant orders of the Secretary of Labor (See 41 CFR 60-1.1). (2) For nondiscrimination based on Disabled or Vietnam Veterans this includes, but is not limited to, the Vietnam Era Veterans Readjustment Assistance Act of 1972, as amended (38 U.S.C. 4012)(the Act); Executive Order 11701, January 24, 1973 (38 CFR 2675, January 29, 1973); and the regulations of the Secretary of Labor (41 CFR Part 60- 250). (3) For nondiscrimination based on the Handicapped this includes, but is not limited to, Section 503 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 793)(the Act); Executive Order 11758, January 15, 1974; and the regulations of the Secretary of Labor (41 CFR Part 60-741). (4) For nondiscrimination based on Age this includes, but is not limited to, Executive Order 11141, February 12, 1964 (29 CFR 2477). (b) The Contractor shall include the terms of this clause in every subcontract or purchase order exceeding $50,000 and shall act as specified by the Department of Labor to enforce the terms and implement remedies. PROPERTY Contract 00010171 Page 11 CONTRACTOR USE OF GOVERNMENT-OWNED VEHICLES (19-3) (SEP 98)(BPI 19.8) In those instances where BPA provides access to sources of Government-owned vehicles for the Contractor's use, the Contractor agrees to indemnify and save and hold harmless BPA from any and all claims and damages or other costs where BPA was not at fault. BPA-FURNISHED/CONTRACTOR-ACQUIRED PROPERTY (19-1) (SEP 98)(BPI 19.4) (a) The Contractor shall manage BPA -furnished, contractor -acquired property in accordance with BPI Appendix 19-A if that appendix is made a part of this contract. If Appendix 19-A is not made a part of this contract, property should be managed in accordance with sound industry practices. (b) BPA shall deliver to the Contractor, at the time and locations stated in this contract, BPA -furnished property described in the Schedule, statement of work, or specifications. If that property, suitable for its intended use, is not delivered to the Contractor, the Contracting Officer shall equitably adjust affected provisions of this contract in accordance with the Changes clause of the contract when -- (1) The Contractor submits a timely written request for an equitable adjustment; and (2) The facts warrant an equitable adjustment. (c) Title to BPA -furnished property shall remain with BPA, unless specifically identified elsewhere in this contract. The Contractor shall use BPA -furnished property, except as provided for in BPI subpart 19.3, only in connection with this contract. The Contractor shall maintain adequate property control records in accordance with sound industry practices and will make such records available for BPA inspection at all reasonable times. (d) Upon delivery of BPA -furnished property to the Contractor, the Contractor assumes the risk and responsibility for its loss or damage, except -- (1) For reasonable wear and tear; (2) To the extent property is consumed in the performance of this contract; or (3) As otherwise provided for by the provisions of this contract. (e) Unless specified elsewhere in this contract, title to all property purchased by the Contractor for which the Contractor is entitled to be reimbursed as a direct item of cost under this contract shall pass to and vest in BPA upon the supplier's delivery of such property to the contractor. (f) (g) Title to BPA property shall not be affected by its incorporation into or attachment to any property not owned by BPA, nor shall BPA property become a fixture or lose its identity as personal property by being attached to any real property. Upon completion of this contract, the Contractor shall follow the instructions of the Contracting Officer regarding the disposition of all property, title to which is held by BPA, which was not consumed in the performance of this contract or previously delivered to BPA. The Contractor shall prepare for shipment, deliver f.o.b. origin, or dispose of BPA property, as may be directed or authorized by the Contracting Officer. The net proceeds of any such disposal shall be credited to the contract price or shall be paid to BPA as directed by the Contracting Officer. TERMINATION Contract 00010171 Page 12 TERMINATION FOR CONVENIENCE BY EITHER PARTY (20-1) (SEP 98)(BPI 20.3) Either party may terminate all or any part of this contract at any time upon 30 days written notice to the other party. Termination costs will be negotiated between the parties. Notwithstanding the Disputes Clause of this contract, if the parties are unable to agree upon the termination costs, the parties may utilize the services of the American Arbitration Association to assist in resolving the issue. Contract 00010171 Page 13 UNIT 3 - STATEMENT OF WORK AND BUDGET State Key City TRAVEL LIMITATIONS STANDARD RATE — ALL AREAS EXCEPT THOSE LISTED BELOW Idaho Montana Oregon County Maximum Maximum Lodging M&IE* Per Diem Amount Rate Rate $55 $30 $85 Boise Ada 61 38 99 Coeur D'Alene Kootenai 56 34 90 Ketchum Blaine (May 1 -November 30) 84 42 126 (December 1 -April 30) 74 42 116 McCall Valley 62 38 100 Sun Valley Blaine 149 42 191 Big Sky Gallatin 125 46 171 Polson/Kalispell Lake & Flathead (June 1 -September 15) 64 30 94 (September 16 -May 31) 55 30 85 West Yellowstone Park Gallatin (June 1 -September 30) 92 34 126 (October 1 -May 31) 55 34 89 Ashland Jackson 59 42 101 Beaverton Washington 59 38 97 Bend Deschutes (June 1 -September 30) 69 38 107 (October 1 -May 31) 59 38 97 Clackamas Clackamas 66 34 100 Crater Lake Klamath 74 38 112 Eugene Lane 62 38 100 Florence Lane 80 34 114 Gold Beach Curry 58 30 88 Lincoln City/Newport Lincoln 65 34 99 Portland Multnomah 77 38 115 Seaside Clatsop (July 1 -August 31) 79 34 113 (September 1 -June 30) 59 34 93 State Key City TRAVEL LIMITATIONS STANDARD RATE — ALL AREAS EXCEPT THOSE LISTED BELOW Washington Anacortes Bremerton Everett Friday Harbor (May 1 -September 30) (October 1 -April 30) Lynnwood Ocean Shores (April 1 -September 30) (October 1 -March 31) Olympia/Tumwater Port Angeles Port Townsend Seattle Sequim (June 29 -September 1) (September 2 -June 28) Spokane County Skagit Kitsap Snohomish San Juan Snohomish Grays Harbor Thurston Clallam Jefferson King Clallam Spokane Maximum Lodging Amount M&IE* Rate $55 $30 64 38 61 34 59 38 95 42 65 42 89 34 82 38 55 38 58 38 65 38 79 34 109 46 62 34 55 34 63 38 Maximum Per Diem Rate $85 102 95 97 137 107 123 120 93 96 103 113 155 96 89 101 For partial -day travel, meals, and incidental expenses shall be prorated by quarter day and will be reimbursed accordingly. Coach airfare will be reimbursed at no more than Government -approved rates (standard Coach "Y" fares). Mileage will be reimbursed at the rate of $.36.5 per mile for personal vehicles and $.27.5 per mile for motorcycles. Rental of economy cars will be reimbursed at actual cost. Contractor will not be reimbursed for insurance. Receipts for lodging and airfare shall be included with invoices when requesting reimbursement for travel. * Meals and Incidental Expenses (M&IE) (W:\TravelLimitations2002.DOC) Revised 10/10/2001 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. D For Meeting of 7/16/02 ITEM TITLE: A resolution authorizing and directing the City Manager to execute an intergovernmental agreement with the Bonneville Power Administration to fund development of a Master Plan consisting of projects related to normative flows and habitat restoration within the jurisdictional area of the City of Yakima. SUBMITTED BY: Dueane Calvin, Water/Irrigation Manager CONTACT PERSON/TELEPHONE: Dueane Calvin, 576-6154 SUMMARY EXPLANATION: The Bonneville Power Administration (BPA) has extended a grant, via Intergovernmental Contract No. 0001017 — Habitat Acquisistion in the Yakima Basin BPA Project No. 2002-038-00, in the amount of $340,000 to fund the first year's activities related to the development of a Mater Plan. At a minimum this will be a six-year program. The project was originally identified and included in the Governers `Action Agenda' developed early in 2000. It was subsequently submitted to Bonneville Power Administration by both the Governor's office and the City of Yakima. The Master Plan will provide a prioritized list of projects for nornative flow maintenance and habitat restoration along with supporting documentation. In subsequent years the plan will be updated and implemented under separate Bonneville Power Administration grants. Resolution X Ordinance Other (Specify) Intergovernmental Agreement Contract X Mail to (name and address): Bonniville Power Administration, Atten: Tina- CP4, P.O. Box 3621, Portland, Or 97208-3621 Phone: (503) 230-3000 Funding Source: Fund 477 — Dome Water Improvement APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt the resolution. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2002-95