Explanation
1. BACKGROUND:
This legislation will authorize the Director of Public Utilities to enter into an Ohio Environmental Protection Agency Clean Water Act Section 319 Grant Agreement, accept the Ohio EPA grant money, and enter into separate contracts with Ohio State University and Friends of the Lower Olentangy Watershed (FLOW) pursuant to the grant agreement.
The Lower Olentangy River Ecosystem Restoration Project, CIP No. 650706, primarily involves the modification or removal of the 5th Ave. Dam and restoration of 10, 560 linear feet of the Olentangy River. The overall project will include a feasibility study to be paid for by the United States Army Corps of Engineers; physical, hydrology, water quality monitoring, data management and site assessments by OSU; project coordination, public education and outreach by FLOW; stream restoration project design and constuction; and grant reporting and contract administration services by the City.
2. EMERGENCY:
The grant project start date was July 1, 2006 and the Division of Sewerage and Drainage is requesting City Council to deem this legislation an emergency measure to allow the Director to enter into the grant agreement and related project contracts as soon as possible, and to expedite the grant payment process. Upon passage of this ordinance, the Division will proceed with contract execution in order to facilitate the immediate commencement of the Grant Agreement mutual covenants and stipulations between the City and the Ohio EPA.
3. PROFESSIONAL SERVICES CONTRACT AWARD:
The Director of Public Utilities will be entering into project contract services with OSU and FLOW in accordance with the applicable procurement provisions of Columbus City Code Section 329.14. The OSU and FLOW project services have already been identified and are included as project deliverables with the grant agreement.
4. FISCAL IMPACT:
The contracts will be funded from the proceeds of the grant issued from the Ohio EPA's Division of Surface Water. The Department of Public Utilities will be contributing $134,745.00 through In-Kind Match services. This ordinance requests the authority for the City Auditor to appropriate the proceeds of said grant for purposes of funding this project work. Additionally, this legislation requests and amendment to the 2006 Capital Improvements Budget for purposes of establishing sufficient funding for the contract services.
Title
To authorize and direct the Director of Public Utilities to enter into a grant agreement with the Ohio Evironmental Protection Agency for the Lower Olentangy River Ecosystem Restoration Project; to accept a grant in the amount of $416,063.00; to authorize the appropriation and expenditure of $416,063.00 from the Ohio EPA Grant; to authorize the Director of Public Utilities to enter into contracts with The Ohio State University and the Friends of the Lower Olentangy Watershed; to amend the 2006 Capital Improvements Budget, for the Division of Sewerage and Drainage; and to declare an emergency. ($416,063.00)
Body
WHEREAS, the Ohio Department of Environmental Protection Agency, Division of Surface Water, has issued a grant in accordance with the Section 319(h) Nonpoint Source Implementation Program, in connection with improving water quality in the Lower Olentangy Watershed by restoring , enhancing and creating habitat for native fish, other aquatic species and wildlife, and facilitating a natural stream flow on the Olentangy River; and
WHEREAS, it is necessary to accept said grant; to appropriate and expend the funds; and to amend the 2006 Capital Improvement Budget; and
WHEREAS, the Director of Public Utilities is required to be authorized by Council to enter into the grant agreement, to accept the grant money, and to enter into project contracts; and
WHEREAS, an emergency exists in the usual daily operation of the Division of Sewerage and Drainage, Department of Public Utilities in that it is immediately necessary to enter into the grant agreement that began on July 1,2006, in order to expedite the project contracts with OSU and FLOW so that the terms and conditions of the grant agreement between the City of Columbus and the Ohio Environmental Protection Agency are accomplished before the project closure date; for the preservation of the public health, peace, property and safety; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of Public Utilities be and hereby is authorized and directed to enter into a grant agreement with the Ohio Environmental Protection Agency for the Lower Olentangy River Ecosystem Restoration Project through the Clean Water Act Section 319 (h) Nonpoint Source Implementation Program; and to accept a grant in the amount of $416,063.00.00 from the Ohio EPA Grant.
Section 2. That the Director of Public Utilities be, and hereby is, authorized to enter into contract with the Ohio State University for grant project services including physical, hydrology, water quality monitoring, data management and site assessments; and to enter into contract with Friends of the Lower Olentangy Watershed for grant project coordination, and public education and outreach; for the Sewer System Engineering Section of the Division of Sewerage and Drainage; in accordance with the terms and conditions as shown in the forthcoming contracts to be filed in the office of the Division of Sewerage and Drainage.
Section 3. That the City of Columbus, Department of Public Utilities, as the SubGrantee, has committed to administer the grant through grant coordination, grant reporting, grant fund pay requests, and contract administration services through In-Kind Match services in the amount of $134,745.00.
Section 4. That from the unappropriated monies in the Ohio EPA Grant Fund, and from all monies estimated to come into said fund from any and all sources and unappropriated for any other purpose during the fiscal year ending, December 31, 2006, the sum of $416,063.00 is appropriated to the Department of Public Utilities, Department 60-05, as follows:
Grant Title: Lower Olentangy River Ecosystem Restoration Project| OCA Code 655001| Obj. Level 3: 6676| Amount: $416,063.00.
Section 5. That for the purpose of paying the cost of the aforementioned grant project services contracts, the expenditure of $416,063.00 is hereby authorized within Division 60-05| Ohio EPA Grant Fund| OCA Code 655001| Obj. Level 3: 6676| Amount: $416,063.00.
Section 6. That the 2006 Capital Improvements Budget Ordinance No. 1106-2006 is hereby amended as follows, in order to provide sufficient budget authority for the subject project:
CURRENT:
650706 | Lower Olentangy River Ecosystem Restoration Project - $0.00
AMENDED TO:
650706 | Lower Olentangy River Ecosystem Restoration Project - $416,063.00 (Ohio EPA Grant Fund)
Section 7. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.