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Home My WebLink Aboutresolution.council.026-19 Resolution # 26 (Series of 2019) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, DIRECTING THE CITY MANAGER TO ENTER INTO A FIVE- YEAR CONTRACT WITH THE US GEOLOGICAL SURVEY FOR THE OPERATION AND MAINTENANCE OF A GAGING STATION LOCATED ON ROARING FORK RIVER DOWNSTREAM FROM THE CONFLUENCE WITH MAROON CREEK FOR THE PURPOSES OF ENHANCING THE UNDERSTANDING OF OUR WATERSHEDS. WHEREAS, the City, strives to be a wise steward and protector of local water resources; and WHEREAS, the Aspen Consolidated Sanitation District (ACSD) monitors streamflows in the Roaring Fork River downstream from the confluence with Maroon Creek; and WHEREAS, one of the missions of the United States Geologic Survey (USGS) is to protect our nation's water through monitoring and assessing water resources; and WHEREAS, the City and ACSD have agreed to jointly fund the operation and maintenance of the USGS site; and WHEREAS, the USGS has prepared a five-year contract for the operation and maintenance of the Maroon Creek gage for an amount of$92,994; and Whereas, the City has agreed to provide 50% of this fee and the ACSD has agree to provide 50% of this fee; and WHEREAS, the City believes that this data will be useful in maintaining safe and reliable water supplies for a vibrant comununity while balancing the needs of its surrounding natural environment, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen does hereby authorize the City Manager to execute a five-year contract between the City of Aspen and the US Geological Survey for the operation and maintenance of the Roaring Fork gage. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 25th day of February 2019. C- Steven Sk ron, Mayor I, Linda Manning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, February 25, 2019. 1 inda Manning, City Clerk Ptl� NT OF lyR United States Department of the Interior U. S. GEOLOGICAL SURVEY Colorado Water Science Center, Western Colorado Office 764 Horizon Drive, Room 125 Grand Junction,Colorado 81506 (970)245-5257 M REPLY REFER TO: June 20, 2018 Ms. Margaret Medellin Utilities Portfolio Manager City of Aspen 130 South Galena Street Aspen, CO 81611 Dear Ms. Medellin: The proposed cost for the U.S. Geological Survey (USGS)to install, operate and maintain the gaging station Roaring Fork River below Maroon Creek near Aspen, CO for the period July 1, 2018— December 31, 2018 is$26,430 of which $13,215 (50%) will be provided by the City of Aspen. The total cost is shared 50/50 with the Aspen Consolidated Sanitation District. Work performed with funds from the agreements will be conducted on a fixed-price basis. All data and information collected as a result of work under the agreements will be available for publication by the U.S. Geological Survey. If the agreement is satisfactory, please sign both copies of the JFA; keep one for your records and return the other to Robert Kimbrough, Associate Director, Hydrologic Data at the address below. USGS, Colorado Water Science Center P.O. Box 25046, Denver Federal Center Mail Stop 415 Lakewood, CO 80225 USGS policy requires us to get approval from our Regional Director to conduct work without a signed agreement. To assist us in complying with this policy, we request that you return the signed agreement before June 27, 2018. We appreciate whatever special effort you and others in your organization will make to respond to this request. If you have questions, please call Robert Kimbrough at 303-236-6902, or me at 970-628-7140. Sincerely, Steven P. Anders Data Chief, Western Colorado Office USGS Colorado Water Science Center Form 9-1366 U.S. Department of the Interior Customer No:6000003783 (May 2018) U.S.Geological Survey Agreement No: 18CMC018 9390000 Joint Funding Agreement Project No: FOR WATER RESOURCES INVESTIGATIONS TIN#:84-600563 Fixed Cost Agreement X Yes DNo THIS AGREEMENT is entered into as of the 111 of July,2018 by the U.S. GEOLOGICAL SURVEY, Colorado Water Science Center, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the City of Aspen, party of the second part. 1.The parties hereto agree that subject to the availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation Water Resource Investigations,to install,operate and maintain the streamgage station Roaring Fork River below Maroon Creek,herein called the program.The USGS legal authority is 43 USC 36C;43 USC 50;and 43 USC 50b. 2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program. 2(b)includes In-Kind Services in the amount of$0.00. (a) $0.00 by the party of the first part during the period July 1,2018 to December 31,2018 (b) $13,215.00 by the party of the second part during the period July 1,2018 to December 31,2018 (c) Contributions are provided by the party of the first part through other USGS regional or national programs,in the amount of: $0.00 Description of USGS regional/national program: NA (d) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. (e)The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties. 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives.The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the course of this program,all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party,and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. 7. The original records resulting from this program will be deposited in the office of origin of those records.Upon request,copies of the original records will be provided to the office of the other party. 8. The maps,records or reports resulting from this program shall be made available to the public as promptly as possible.The maps,records or reports normally will be published by the party of the first part. However,the party of the second part reserves the right to publish the results of this program and,if already published by the party of the first part shall, upon request,be furnished by the party of the first part, at cost, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared.The maps,records or reports published by either party shall contain a statement of the cooperative relations between the parties. The Parties acknowledge that scientific information and data developed as a result of the scope of work are subject to applicable USGS review, approval,and release requirements, which are available on the USGS Fundamental Science Practices website(https://www2.usgs.gov/fs� . 9. Billing for this agreement will be rendered annually(September 2018). Invoices not paid within 60 days from date of bill will bear Interest, Penalties,and Administrative costs as the annual rate pursuant the Debt Collection Act of 1982,(codified at 31 U.S.C.3717)established by the U.S.Treasury. Form 9-1366 U.S. Department of the Interior Customer No:6000003783 (May 2018) U.S.Geological Survey Agreement No: 18CMC018 139 0000 Joint Funding Agreement Project No: FOR WATER RESOURCES INVESTIGATIONS TIN#:84-600563 Fixed Cost Agreement ( X_]Yes UNo USGS Technical Point of Contact Customer Technical Point of Contact Name:Steven P.Anders Name:Margaret Medellin Title:Supervisory Hydrologic Tech Title:Utilities Portfolio Manager Address:445 W.Gunnison Ave,Suite 130 Address: 130 South Galena Street City/State/Zip:Grand Junction,CO 81501 City/State/Zip:Aspen, CO 81611 Telephone:970-628-7140 Telephone:970-429-1992 Fax:970-245-1026 Fax: Email:sparlders@usgs.gov Email:margaret.medellin@cityof aspen.com USGS Billing Point of Contact Customer Billing Point of Contact Name: Donna Hector Name: Linda Manning Title:Administrative Officer Title: City Clerk Address: P.O. Box 25046, Denver Federal Center Address: 130 South Galena Street Address: Mail Stop 415 City/State/Zip: Lakewood, CO 80225 City/State/Zip:Aspen,CO 81611 Telephone: 303-236-6903 Telephone:970-429-2687 Fax: 303-236-4912 Fax:970-920-5197 Email: djhector@usgs.gov Email: clerk@cityofaspen.com U.S.Geological Survey United States City of Aspen Department of Interior SIGNATURE SIGNATURES By: A47i 2i /1 ctUcz'r„ Date: By:-- Date: Name: David Ma Name; S�� V, %L� Title: Director,` SC/USGS Title: PSS �L-(L �1 2-43 Dt of 7Zfv? By: Date: Name: Title: By: Date: Name: Title: Form 9-1366 U.S. Department of the Interior Customer No: 6000003783 (May 2018) U.S.Geological Survey Agreement No: 19REJFACO 131 Joint Funding Agreement Project No: FOR WATER RESOURCES INVESTIGATIONS TIN#:84-600563 Fixed Cost Agreement X Yes _ No THIS AGREEMENT is entered into as of the 1st day of January,2019 by the U.S. GEOLOGICAL SURVEY, Colorado Water Science Center, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the City of Aspen, party of the second part. 1.The parties hereto agree that subject to the availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation Water Resource Investigations,streamflow gaging station 09076300 Roaring Fork River below Maroon Creek, herein called the program.The USGS legal authority is 43 USC 36C;43 USC 50;and 43 USC 50b. 2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program. 2(b)includes In-Kind Services in the amount of$0.00. (a) $0.00 by the party of the first part during the period January 1, 2019 to December 31,2023 (b) $46,497.00 by the party of the second part during the period January 1, 2019 to December 31, 2023 (c) Contributions are provided by the party of the first part through other USGS regional or national programs,in the amount of: $0.00 Description of USGS regional/national program: NA (d) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. (e)The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties. 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5. The areas to be included in the prograrn shall be determined by mutual agreement between the parties hereto or their authorized representatives.The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the course of this program,all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party,and if the work is not being carried on in a mutually satisfactory manner,either party may terminate this agreement upon 60 days written notice to the other party. 7. The original records resulting frorn this program will be deposited in the office of origin of those records. Upon request,copies of the original records will be provided to the office of the other party. 8. The maps,records or reports resulting from this prograrn shall be made available to the public as promptly as possible.The maps,records or reports normally will be published by the party of the first part. However,the party of the second part reserves the right to publish the results of this program and, if already published by the party of the first part shall,upon request,be furnished by the party of the first part,at cost, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared.The maps, records or reports published by either party shall contain a statement of the cooperative relations between the parties. The Parties acknowledge that scientific information and data developed as a result of the scope of work are subject to applicable USGS review, approval,and release requirements, which are available on the USGS Fundamental Science Practices website(https://WWW2.usqs.gov/fsp 9. Billing for this agreement will be rendered quarterly. Invoices not paid within 60 days from date of bill will bear Interest, Penalties,and Administrative costs as the annual rate pursuant the Debt Collection Act of 1982, (codified at 31 U.S.C.3717)established by the U.S.Treasury. Form 9-1366 U.S. Department of the Interior Customer No:6000003783 (May 2018) U.S.Geological Survey Agreement No: 19REJFACO 131 Joint Funding Agreement Project No: FOR WATER RESOURCES INVESTIGATIONS TIN#:84-600563 Fixed Cost Agreement [X]YesC�No USGS Technical Point of Contact Customer Technical Point of Contact Name:Steve Anders Name:Margaret Medellin Title:Supervisory Hydrologic Tech Title: Utilities Portfolio Manager Address:445 W.Gunnison Ave Suite 130 Address: 130 South Galena Street City/State/Zip:Grand Junction,CO 81501 City/State/Zip:Aspen,CO 81611 Telephone:970-628-7140 Telephone:970-429-1992 Fax:970-245-1026 Fax: Email:spanders@usgs.gov Email:margaret.medellin@cityof aspen.com USGS Billing Point of Contact Customer Billing Point of Contact Name: Donna Hector Name: Linda Manning Title: Administrative Officer Title: City Clerk Address: P.O. Box 25046, Denver Federal Center Address: 130 South Galena Street Address: Mail Stop 415 City/State/Zip: Lakewood, CO 80225 City/State/Zip:Aspen,CO 81611 Telephone: 303-236-6903 Telephone:970-429-2687 Fax: 303-236-4912 Fax.970-920-5197 Email: djhector@usgs.gov Email: clerk@cityofaspen.com U.S.Geological Survey United States City of Aspen Department of Interior SIGNATURE SIGNATURES 7 sq By: � Date: /Z'Zo'� By: ?. Date: / Na e: David Name: a Title: Director, WSC/USGS Title:_jrh By: Date: Name: Title: By: Date: Name: Title: