HomeMy WebLinkAboutresolution.council.018-20 RESOLUTION #018
(Series of 2020)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, ACCEPTING A GRANT FROM THE COLORADO WATER
CONSERVATION BOARD AND APPROVING A CONTRACT BETWEEN
THE CITY OF ASPEN AND WESTERN WATER PARTNERSHIPS TO
EVALUATE ALTERNATIVE TRANSFER METHODS PROJECTS,
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON
BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a grant award for
the evaluation of alternative transfer methods projects from the Colorado Water
Conservation Board; and, a contract for the evaluation of alternative transfer
methods projects, between the City of Aspen and Western Water Partnerships, a true
and accurate copy of which is attached hereto as Exhibit " A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves the CWCB Grant
for the evaluation of alternative transfer methods projects and awards a contract to
Western Water Partnerships in the amount of$213,356.00, and that this Resolution
hereby authorizes the City Manager to execute said agreement on behalf of the City
of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 24th day of March, 2020.
Torre, Mayor
I, Nicole Henning, 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 March 24, 2020.
Nicole Henrim, City Clerk
S' ���
CITY OF ASPEN STANDARD FORM OF AGREEMENT v 2009 CITY OF ASPEN
PROFESSIONAL SERVICES
City of Aspen Contract No.: 51 ;40
AGREEMENT made as of 24th day of March, in the year 2020.
BETWEEN the City:
Contract Amount:
The City of Aspen
c/o Raquel Flinker
130 South Galena Strect Total: $ 213,356.00
Aspen, Colorado 81611
Phone: (970)429-2782
If this Agreement requires the City to pay
And the Professional: an amount of money in excess of
$50,000.00 it shall not be deemed valid
Western Water Partnerships until it has been approved by the City
c/o Todd Doherty Council of the City of Aspen.
1912 Last 17"' Ave. City Council Approval:
Denver, CO 80206
Phone: 303-518-4741 late: March. 24'''. 2(),20
Resolution Nc.:
For the Following Project:
Evaluation of water-sharing projects to help increase the reliability oftlle City of Aspen's municipal
water supply, incrcasc cnv1ronn1c11ta1 flows, and pronwtc agricultural viahiiity. 'This nrojeci will be
funded by a$183,356.00 grant from the Colorado Watcr Conservation Hoard it`WCB) and
$15,000.00 matching funds from Western Resource Advocates and $15,000.00 from the City of
Aspen.
Exhibits appended and made a part of this Agreement:
Exhibit A: Statement of Work.
1'1hlblt C: SCIICdLlk: and Burl-ct.
The City and Professional agree as set forth below.
Agreement Professional Services Page 0
1. Scope of Work. Professional shall perform in a competent and professional manner the Scope
of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein.
2. Completion. Professional shall commence Work immediately upon receipt of a written Notice
to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is
consistent with professional skill and care and the orderly progress of the Work in a timely manner.
The parties anticipate that all Work pursuant to this Agreement shall be completed no later than.l unc
2024. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the
performance of Professional's services which shall be adjusted as required as the project proceeds,
and which shall include allowances for periods of time required by the City's project engineer for
review and approval of submissions and for approvals of authorities having jurisdiction over the
project.This schedule,when approved by the City,shall not,except for reasonable cause,be exceeded
by the Professional.
3. Payment. In consideration of the work performed, City shall pay Professional on a time and
expense basis for all work performed. The hourly rates for work performed by Professional shall not
exceed those hourly rates set forth at Exhibit B appended hereto.Except as otherwise mutually agreed
to by the parties the payments made to Professional shall not initially exceed the amount set forth
above. Professional shall submit, in timely fashion, invoices for work performed. The City shall
review such invoices and,if they are considered incorrect or untimely,the City shall review the matter
with Professional within ten days from receipt of the Professional's bill.
4. Non-Assi ng ability. Both parties recognize that this Agreement is one for personal services
and cannot be transferred,assigned,or sublet by either party without prior written consent of the other.
Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or
obligations under this Agreement. Professional shall be and remain solely responsible to the City for
the acts, errors, omissions or neglect of any subcontractors' officers, agents and employees, each of
whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent
of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due
which may be due to any sub-contractor.
5. Termination of Procurement. The sale contemplated by this Agreement may be
canceled by the City prior to acceptance by the City whenever for any reason and in its sole
discretion the City shall determine that such cancellation is in its best interests and convenience.
6. Termination of Professional Services. The Professional or the City may terminate the
Professional Services component of this Agreement, without specifying the reason therefor, by
giving notice,in writing,addressed to the other party,specifying the effective date of the termination.
No fees shall be earned after the effective date of the termination.Upon any termination, all finished
or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or
other material prepared by the Professional pursuant to this Agreement shall become the property of
the City.Notwithstanding the above,Professional shall not be relieved of any liability to the City for
damages sustained by the City by virtue of any breach of this Agreement by the Professional, and
the City may withhold any payments to the Professional for the purposes of set-off until such time
as the exact amount of damages due the City from the Professional may be determined.
7. Independent Contractor Status. It is expressly acknowledged and understood by the parties
that nothing contained in this agreement shall result in,or be construed as establishing an employment
Agreement Professional Services Page 1
relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to
use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or
servant of Professional shall be, or shall be deemed to be,the employee, agent or servant of the City.
City is interested only in the results obtained under this contract. The manner and means of
conducting the work are under the sole control of Professional. None of the benefits provided by City
to its employees including, but not limited to, workers' compensation insurance and unemployment
insurance, are available from City to the employees, agents or servants of Professional. Professional
shall be solely and entirely responsible for its acts and for the acts of Professional's agents,employees,
servants and subcontractors during the performance of this contract. Professional shall indemnify
City against all liability and loss in connection with, and shall assume full responsibility for payment
of all federal, state and local taxes or contributions imposed or required under unemployment
insurance, social security and income tax law, with respect to Professional and/or Professional's
employees engaged in the performance of the services agreed to herein.
8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers,
employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on
account of injury, loss, or damage, including without limitation claims arising from bodily injury,
personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind
whatsoever, which arise out of or are in any manner connected with this contract, to the extent and
for an amount represented by the degree or percentage such injury,loss,or damage is caused in whole
or in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission, error,
professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the
Professional, or any officer, employee, representative, or agent of the Professional or of any
subcontractor of the Professional, or which arises out of any workmen's compensation claim of any
employee of the Professional or of any employee of any subcontractor of the Professional. The
Professional agrees to investigate, handle, respond to, and to provide defense for and defend against,
any such liability, claims or demands at the sole expense of the Professional, or at the option of the
City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in
connection with, any such liability, claims, or demands. If it is determined by the final judgment of a
court of competent jurisdiction that such injury,loss,or damage was caused in whole or in part by the
act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the
Professional for the portion of the judgment attributable to such act, omission, or other fault of the
City, its officers, or employees.
9. Professional's Insurance.
(a) Professional agrees to procure and maintain, at its own expense, a policy or policies
of insurance sufficient to insure against all liability, claims, demands, and other obligations
assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition
to any other insurance requirements imposed by this contract or by law.The Professional shall
not be relieved of any liability, claims, demands, or other obligations assumed pursuant to
Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its
failure to procure or maintain insurance in sufficient amounts,duration, or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of the
Professional to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the City.
All coverages shall be continuously maintained to cover all liability, claims, demands, and
Agreement Professional Services Page 2
other obligations assumed by the Professional pursuant to Section 8 above. In the case of any
claims-made policy, the necessary retroactive dates and extended reporting periods shall be
procured to maintain such continuous coverage.
(i) Workers'Compensation insurance to cover obligations imposed by applicable
laws for any employee engaged in the performance of work under this contract, and
Employers'Liability insurance with minimum limits of ONE MILLION DOLLARS
($1,000,000.00) for each accident, ONE MILLION DOLLARS ($1,000,000.00)
disease-policy limit,and ONE MILLION DOLLARS($1,000,000.00)disease-each
employee. Evidence of qualified self-insured status may be substituted for the
Workers' Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single
limits of TWO MILLION DOLLARS ($2,000,000.00) each occurrence and TWO
MILLION DOLLARS ($2,000,000.00) aggregate. The policy shall be applicable to
all premises and operations.The policy shall include coverage for bodily injury,broad
form property damage (including completed operations), personal injury (including
coverage for contractual and employee acts), blanket contractual, independent
contractors, products, and completed operations. The policy shall contain a
severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS
($1,000,000.00) aggregate with respect to each Professional's owned, hired and non-
owned vehicles assigned to or used in performance of the Scope of Work. The policy
shall contain a severability of interests provision. If the Professional has no owned
automobiles, the requirements of this Section shall be met by each employee of the
Professional providing services to the City under this contract.
(iv) Professional Liability insurance with the minimum limits of ONE MILLION
DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS ($1,000,000)
aggregate.
(c) The policy or policies required above shall be endorsed to include the City and the City's
officers and employees as additional insureds. Every policy required above shall be primary
insurance, and any insurance carried by the City, its officers or employees, or carried by or
provided through any insurance pool of the City, shall be excess and not contributory
insurance to that provided by Professional. No additional insured endorsement to the policy
required above shall contain any exclusion for bodily injury or property damage arising from
completed operations. The Professional shall be solely responsible for any deductible losses
under any policy required above.
(d) The certificate of insurance provided to the City shall be completed by the Professional's
insurance agent as evidence that policies providing the required coverages, conditions, and
minimum limits are in full force and effect, and shall be reviewed and approved by the City
prior to commencement of the contract.No other form of certificate shall be used. The certifi-
cate shall identify this contract and shall provide that the coverages afforded under the policies
Agreement Professional Services Page 3
shall not be canceled, terminated or materially changed until at least thirty (30) days prior
written notice has been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of
contract upon which City may immediately terminate this contract, or at its discretion City
may procure or renew any such policy or any extended reporting period thereto and may pay
any and all premiums in connection therewith, and all monies so paid by City shall be repaid
by Professional to City upon demand, or City may offset the cost of the premiums against
monies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently
$350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, and
protections provided by the Colorado Governmental Immunity Act,Section 24-10-101 et seg.,
C.R.S., as from time to time amended, or otherwise available to City, its officers, or its
employees.
10. City's Insurance. The parties hereto understand that the City is a member of the Colorado
Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper-
ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk
Management Department and are available to Professional for inspection during normal business
hours. City makes no representations whatsoever with respect to specific coverages offered by
CIRSA. City shall provide Professional reasonable notice of any changes in its membership or
participation in CIRSA.
11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire
undertaking of the parties relevant to the subject matter thereof and there are no verbal or written
representations, agreements, warranties or promises pertaining to the project matter thereof not
expressly incorporated in this writing.
12. Notice. Any written notices as called for herein may be hand delivered or mailed by certified
mail return receipt requested to the respective persons and/or addresses listed above.
13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status,
affectional or sexual orientation,family responsibility,national origin, ancestry,handicap,or religion
shall be made in the employment of persons to perform services under this contract. Professional
agrees to meet all of the requirements of City's municipal code, Section 15.04.570,pertaining to non-
discrimination in employment.
14. Waiver. The waiver by the City of any term, covenant,or condition hereof shall not operate
as a waiver of any subsequent breach of the same or any other term.No term, covenant, or condition
of this Agreement can be waived except by the written consent of the City, and forbearance or
indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant,
or condition to be performed by Professional to which the same may apply and, until complete
Agreement Professional Services Page 4
performance by Professional of said term, covenant or condition, the City shall be entitled to invoke
any remedy available to it under this Agreement or by law despite any such forbearance or indulgence.
15. Execution of Agreement by Ci!y. This Agreement shall be binding upon all parties hereto
and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein, this Agreement shall not be binding upon the City unless
duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence)
following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a
duly authorized official in his absence)to execute the same.
16. Illegal Aliens—CRS 8-17.5-101 & 24-76.5-101.
(a) Purpose. During the 2006 Colorado legislative session, the Legislature passed
House Bills 06-1343 (subsequently amended by HB 07-1073)and 06-1023 that added new
statutes relating to the employment of and contracting with illegal aliens. These new laws
prohibit all state agencies and political subdivisions, including the City of Aspen, from
knowingly hiring an illegal alien to perform work under a contract, or to knowingly
contract with a subcontractor who knowingly hires with an illegal alien to perform work
under the contract. The new laws also require that all contracts for services include certain
specific language as set forth in the statutes. The following terms and conditions have been
designed to comply with the requirements of this new law.
(b) Definitions. The following terms are defined in the new law and by this reference
are incorporated herein and in any contract for services entered into with the City of Aspen.
"Basic Pilot Program" means the basic pilot employment verification program
created in Public Law 208, 104th Congress, as amended, and expanded in Public
Law 156, 108th Congress, as amended, that is administered by the United States
Department of Homeland Security.
"Public Contract for Services"means this Agreement.
"Services" means the furnishing of labor, time, or effort by a Contractor or a
subcontractor not involving the delivery of a specific end product other than reports
that are merely incidental to the required performance.
(c) By signing this document, Professional certifies and represents that at this time:
(i) Professional shall confirm the employment eligibility of all employees who
are newly hired for employment in the United States; and
(ii) Professional has participated or attempted to participate in the Basic Pilot
Program in order to verify that new employees are not illegal aliens.
(d) Professional hereby confirms that:
(i) Professional shall not knowingly employ or contract new employees
without confirming the employment eligibility of all such employees hired for
employment in the United States under the Public Contract for Services.
Agreement Professional Services Page 5
(ii) Professional shall not enter into a contract with a subcontractor that fails to
confirm to the Professional that the subcontractor shall not knowingly hire new
employees without confirming their employment eligibility for employment in the
United States under the Public Contract for Services.
(iii) Professional has verified or has attempted to verify through participation in
the Federal Basic Pilot Program that Professional does not employ any new
employees who are not eligible for employment in the United States; and if
Professional has not been accepted into the Federal Basic Pilot Program prior to
entering into the Public Contract for Services, Professional shall forthwith apply to
participate in the Federal Basic Pilot Program and shall in writing verify such
application within five (5) days of the date of the Public Contract. Professional
shall continue to apply to participate in the Federal Basic Pilot Program and shall
in writing verify same every three(3)calendar months thereafter,until Professional
is accepted or the public contract for services has been completed, whichever is
earlier. The requirements of this section shall not be required or effective if the
Federal Basic Pilot Program is discontinued.
(iv) Professional shall not use the Basic Pilot Program procedures to undertake
pre-employment screening of job applicants while the Public Contract for Services
is being performed.
(v) If Professional obtains actual knowledge that a subcontractor performing
work under the Public Contract for Services knowingly employs or contracts with
a new employee who is an illegal alien, Professional shall:
(1) Notify such subcontractor and the City of Aspen within three days
that Professional has actual knowledge that the subcontractor has newly
employed or contracted with an illegal alien; and
(2) Terminate the subcontract with the subcontractor if within three
days of receiving the notice required pursuant to this section the
subcontractor does not cease employing or contracting with the new
employee who is an illegal alien; except that Professional shall not terminate
the Public Contract for Services with the subcontractor if during such three
days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal
alien.
(vi) Professional shall comply with any reasonable request by the Colorado
Department of Labor and Employment made in the course of an investigation that
the Colorado Department of Labor and Employment undertakes or is undertaking
pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S.
(vii) If Professional violates any provision of the Public Contract for Services
pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of
Aspen may terminate the Public Contract for Services. If the Public Contract for
Services is so terminated, Contractor shall be liable for actual and consequential
Agreement Professional Services Page 6
damages to the City of Aspen arising out of Professional's violation of Subsection
8-17.5-102, C.R.S.
(ix) If Professional operates as a sole proprietor, Professional hereby swears or
affirms under penalty of perjury that the Professional (1) is a citizen of the United
States or otherwise lawfully present in the United States pursuant to federal law,
(2) shall comply with the provisions of CRS 24-76.5-101 et seq., and (3) shall
produce one of the forms of identification required by CRS 24-76.5-103 prior to
the effective date of this Agreement.
17. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest.
(a) Professional warrants that no person or selling agency has been employed or retained
to solicit or secure this Contract upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by the Professional for the purpose
of securing business.
(b) Professional agrees not to give any employee of the City a gratuity or any offer of
employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard, rendering advice, investigation,
auditing, or in any other advisory capacity in any proceeding or application, request for
ruling, determination, claim or controversy, or other particular matter, pertaining to this
Agreement, or to any solicitation or proposal therefore.
(c) Professional represents that no official, officer, employee or representative of the
City during the term of this Agreement has or one(1)year thereafter shall have any interest,
direct or indirect, in this Agreement or the proceeds thereof, except those that may have
been disclosed at the time City Council approved the execution of this Agreement.
(d) In addition to other remedies it may have for breach of the prohibitions against
contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right
to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Professional, contractor or
subcontractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the value of
anything transferred or received by the Professional; and
4. Recover such value from the offending parties.
18. Fund Availability. Financial obligations of the City payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. If this Agreement contemplates the City utilizing state or federal funds to meet its
obligations herein, this Agreement shall be contingent upon the availability of those funds for
payment pursuant to the terms of this Agreement.
19. General Terms.
Agreement Professional Services Page 7
(a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions,
representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the parties.
(b) If any of the provisions of this Agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other
provision.
(c) The parties acknowledge and understand that there are no conditions or limitations to
this understanding except those as contained herein at the time of the execution hereof and
that after execution no alteration,change or modification shall be made except upon a writing
signed by the parties.
(d) This Agreement shall be governed by the laws of the State of Colorado as from time
to time in effect. Venue is agreed to be exclusively in the courts of Pitkin County,Colorado.
20. Electronic Signatures and Electronic Records This Agreement and any amendments
hereto may be executed in several counterparts, each of which shall be deemed an original, and
all of which together shall constitute one agreement binding on the Parties, notwithstanding the
possible event that all Parties may not have signed the same counterpart. Furthermore, each Party
consents to the use of electronic signatures by either Party. The Scope of Work, and any other
documents requiring a signature hereunder,may be signed electronically in the manner agreed to
by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement
solely because it is in electronic form or because an electronic record was used in its formation.
The Parties agree not to object to the admissibility of the Agreement in the form of an electronic
record, or a paper copy of an electronic documents, or a paper copy of a document bearing an
electronic signature, on the grounds that it is an electronic record or electronic signature or that it
is not in its original form or is not an original.
20. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the
benefit of and be binding upon the City and the Professional respectively and their agents,
representatives, employee, successors, assigns and legal representatives. Neither the City nor the
Professional shall have the right to assign, transfer or sublet its interest or obligations hereunder
without the written consent of the other party.
21. Third Parties. This Agreement does not and shall not be deemed or construed to confer
upon or grant to any third party or parties, except to parties to whom Professional or City may
assign this Agreement in accordance with the specific written permission, any right to claim
damages or to bring any suit, action or other proceeding against either the City or Professional
because of any breach hereof or because of any of the terms, covenants, agreements or conditions
herein contained.
22. Attorney's Fees. In the event that legal action is necessary to enforce any of the provisions
of this Agreement,the prevailing party shall be entitled to its costs and reasonable attorney's fees.
23. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual
efforts of the parties hereto and the parties agree that no construction shall be made or presumption
Agreement Professional Services Page 8
shall arise for or against either party based on any alleged unequal status of the parties in the
negotiation,review or drafting of the Agreement.
24. Certification Reeardine Debarment. Suspension. Ineligibility. and Voluntary Exclusion.
Professional certifies,by acceptance of this Agreement,that neither it nor its principals is presently
debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from
participation in any transaction with a Federal or State department or agency. It further certifies
that prior to submitting its Bid that it did include this clause without modification in all lower tier
transactions, solicitations, proposals,contracts and subcontracts. In the event that Professional or
any lower tier participant was unable to certify to the statement, an explanation was attached to
the Bid and was determined by the City to be satisfactory to the City.
25. Integration and Modification. This written Agreement along with all Contract Documents
shall constitute the contract between the parties and supersedes or incorporates any prior written
and oral agreements of the parties. In addition, Professional understands that no City official or
employee, other than the Mayor and City Council acting as a body at a council meeting, has
authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the
City. Any such Agreement or modification to this Agreement must be in writing and be executed
by the parties hereto.
26. Authorized Representative. The undersigned representative of Professional, as an
inducement to the City to execute this Agreement, represents that he/she is an authorized
representative of Professional for the purposes of executing this Agreement and that he/she has
full and complete authority to enter into this Agreement for the terms and conditions specified
herein.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement of which shall be deemed an original on the date first written
above.
CI OF ZASPEN,�COLORA�D�O: PROFESSIONAL: I
[Signature] [Signature]
By:SAi-6, U O By:—rb;tLD Ik
INarne1 INTI
Title: CI 1" IGSm- e Title: r'`'-S t
(/ E-�-r l!�• �Qy'�'�{-SLS l�f
Date: 3 Z S 2O7,O Date: 4 3 0 ZoLo
Agreement Professional Services Puge 9
Approved as to form:
City Attorney's Office
Agreement Professional Services Page 10
EXHIBIT A PROFESSIONAL SERVICES AGREEMENT
Statement of Work
WATER ACTIVITY NAME - Upper Roaring Fork Alternative Method Transfer(ATM) Project-
Phase 1
INTRODUCTION AND BACKGROUND
The City of Aspen(City),Western Resources Advocates and the Wilderness Workshop(the Project
Team)have collaborated to develop the proposed Upper Roaring Fork Alternative Transfer Method
(ATM) Project—Phase 1. This project aims to develop water sharing projects to help increase the
reliability of the City of Aspen's municipal water supply and increase environmental flows in the Upper
Roaring Fork River basin. Colorado's Water Plan identifies ATMs as an important strategy to help
offset the increasing pressures on agricultural water rights through voluntary water sharing agreements
that respect property rights and offer an alternative to permanent agricultural dry-up. Designed properly,
ATMs can increase an agricultural producer's profits in a given year while helping reduce or maintain
demands on a water system,resulting in"win-win"agreements.
While several ATM projects have been implemented in Colorado,this would be the first ATM considered
by a West Slope headwaters municipality. Considering this, the project will identify the unique
challenges and opportunities presented by the area's geography,water rights and hydrology.
Through previous studies,it has been determined that the City's municipal water supplies are vulnerable
and would benefit from additional firming. To illustrate this need,the City's current storage capacity is
less than a day's municipal demand. When factoring in drought and climate change,projected hydrology
indicates the City's water supply would be even more vulnerable and in need of additional firming. In
addition to these vulnerabilities,the Roaring Fork River headwaters are the source of trans-basin
diversions which, at times, contributes to significantly reduced stream flows in the Upper Roaring Fork
River and some of its tributaries.
The objective of this project is to identify and evaluate opportunities for voluntary water sharing
agreements with agricultural producers in the Roaring Fork Valley to increase the reliability of the City's
municipal water supply and/or enhance stream flows in the Upper Roaring Fork River and key tributaries.
The concepts could include, among other possibilities,an interruptible water supply agreement, partial
year irrigation,and/or deficit irrigation.
In addition,the project will begin to investigate opportunities to increase supplies in the Roaring Fork
Valley through water sharing agreements with East Slope water users that are currently diverting water
out of the basin. Considering the complexity of any such water sharing agreement,the team will identify
potential partners and facilitate meetings to discuss potential water sharing concepts. The team will
summarize any potential water sharing opportunities to pursue in a subsequent Phase 2 of the project.
Because of the complexity of developing ATM projects, the project is divided into two phases. Phase 1
(this project), is focused on the development and recommendation of specific ATMs,whereas Phase 2
will involve the implementation of the ATMs identified in this phase. Phase 2 will occur after the
completion of this project and this grant application does not include any Phase 2 work.
Agreement Professional Services Page 11
OBJECTIVES
The project's primary objectives are:
1) Identify potential interested irrigators
2) Develop conceptual "Plans of Operation" for one or more ATM projects to help meet the
City's municipal water needs and/or environmental flows for the Roaring Fork River
and/or its tributaries with potential interested irrigators.
3) Identify opportunities for water sharing with East Slope water users.
4) Provide recommendations for one or more ATM projects to be implemented in Phase 2.
TASKS
Task 1: Summarize Municipal Projected Firm Yield Demands
Review existing data and reports related to municipal water needs in time, location, amount, and
hydrologic year type. Consultant team will review and summarize the City water intake structures and
locations,municipal water demand data and projections, and available streamflow data at critical intake
locations. Consultant team will characterize projected firm yield deficits to inform ATM project
demands. This task will be informed by previous work by the City and its consultants and may include
analysis of proposed infrastructure and facilities.
Deliverable: A memorandum describing the municipal projected firm yield demands will be developed.
Task 2: Summarize Environmental Flow Needs for the Upper Roaring Fork River and Key
Tributaries
Review existing data and reports related to environmental flow needs and flow shortages in time,
location, amount, and hydrologic year type. Consultant team will obtain and compile data from a variety
of sources to identify environmental flow needs. These sources include non-consumptive needs databases
or reports, such as SWSI or Basin Implementation Plans; as well as any instream/environmental flow
quantification data. This information will be used to summarize the streamflow required to meet the legal
thresholds required for instream flow use. This initial review will also include an analysis of streamflow
data to identify the nature and extent of flow shortages in the project area that might impact the health of
the natural environment. For streams where data is not available, streamflow estimates may be derived
using modeling techniques,water official and water user interviews,or other means. This information
provides the basis for determining the need for environmental flows,including location, amount and
timing.
Deliverable: A memorandum describing the environmental flow needs will be developed.
Task 3: Exploration of Potential ATM Water Supplies in the Upper Roaring Fork River Basin
Explore agricultural water rights diverting at or upstream of critical locations of the upper Roaring Fork
River and key tributaries to determine ATM opportunities. Characterizations of the water rights will be
made including location, diversion rate, adjudicated priorities, summarization of diversion records, and a
preliminary analysis of yield performance of the water right under various hydrologic conditions. A
description of the historical agricultural use of these water rights will also be included. At a minimum,
this will include a description of the historical crops and livestock operations, estimated acreages/head
count and crop yields, and irrigation methods. Previous work characterizing water rights in the study area
may be incorporated in this task.
Deliverable: A memorandum describing the results of this task will be included.
Agreement Professional Services Page 12
Task 4: Develop and Implement Outreach Strategies to Potential Agricultural Partners
Consultant team will meet with and educate agricultural water users about the voluntary nature and
economic,water rights, and environmental benefits of potential ATM projects,as well as the types of
water transactions that may be available, and the processes for approval. Example of existing ATM
projects and specific ways in which irrigators are benefiting from agreements and payments will be
shared.
Deliverable: Consultant team will document input from outreach participants regarding their possible
participation in an ATM,as well as concerns and potential barriers to participation in ATM projects.
Task 5: Identification of ATM Opportunities for ISFs and Municipal Uses
Based on the tasks above,the team will identify and evaluate potential ATM projects in the Roaring Fork
River basin that will provide water for environmental flows and/or municipal use. The following
subtasks will be evaluated for potential ATM projects the emerge with irrigator partners.
Yield Analysis
Consultant team will provide a preliminary estimate of environmental benefits and municipal firm yield
that each of the identified potential ATM projects may provide. The yield analysis will consider what
kind of ATM is proposed; such as an interruptible water supply agreement(i.e. 3 out of 10 years),partial
year irrigation,and/or deficit irrigation.
Due Diligence
Preliminary due diligence on water rights identified with interested irrigators will be conducted to
determine their feasibility for potential ATM projects. The analysis may include review of decrees, ditch
company bylaws,deeds, encumbrances, and relevant agreements,and will identify and fatal flaws or
challenges such as shared ownership, shepherding, shared infrastructure,augmentation requirements,or
potential injury to other water rights. The data reviewed will be from publicly available records.
Economic Analysis of ATM Concepts
To provide an accurate understanding of the economic considerations of the potential agricultural partners
in an ATM strategy,the economic baseline conditions of the agricultural operation(s)will be established
to calculate an estimate of baseline net farm income under full water and,potentially, limited water
conditions. These baseline conditions can then be compared to operations under an ATM to help
determine the water's value to the operator and provide a rational starting point for negotiating the ATM
price. To further inform the team, identified water rights will be compared to recent sales of water rights
in the vicinity to help determine current value. Also included in this task will be an analysis and
recommendation for a method of price adjustment for the ATM.
Identifying Required Water Court and/or Administrative Processes for Specific ATM Strategies
The legal analysis will identify the appropriate transaction mechanism based on statutory limitations and
water user preference. The legal analysis will describe the approval process that will be necessary for
implementation of a potential ATM project.
Evaluate Potential ATM Projects
Based on the analysis described above,the Consultant team will develop evaluation criteria to identify the
advantages and disadvantages for each of the ATM concepts, including competing or complimentary
interests between instream flows and municipal uses.
Deliverable: Consultant team will provide a written summary of the analysis of the potential ATM
project.
Agreement Professional Services Page 13
Task 6: Develop Conceptual Plans of Operation for ATMs
Consultant team will develop conceptual plans of operation for selected ATM projects(to be determined
in consultation with the Project Team). These plans will describe the baseline conditions,recommend a
water sharing strategy (e.g. interruptible water supply agreement,partial season irrigation, etc.) and
outline key terms that the water sharing agreement should include such as timing, amounts of water and
legal mechanisms necessary to implement the transfer of water.
Deliverable: Consultant team will provide plans of operation for all viable ATM projects.
Task 7: Identifying Opportunities for Water Sharing with East Slope Water Users
This task will identify and analyze water sharing opportunities with East Slope water users that are
currently diverting from the Roaring Fork River basin. Specifically,the consultant team will examine
opportunities and constraints associated with water sharing strategies involving the Twin Lakes Tunnel
and/or the Boustead Tunnel. Considering the complexity of any such water sharing agreement, the
consultant team will identify any potential partners willing to discuss a possible water-sharing ATM
strategy and facilitate a meeting managers and operators of the projects as well as water users that own
water rights in those projects.
Deliverable: Consultant team will summarize any potential water sharing opportunities to pursue in
Phase 2.
Task 8: Public Outreach and Communication
To ensure that the community is kept apprised of the project,the Consultant team will provide updates
and/or presentations to City Council, Colorado River Basin Roundtable and other community groups and
interested stakeholders as requested by the Project Team.
Deliverable: For any outreach requested by the Project Team, Consulting Team will document meetings,
attendees, and key discussion points.
Task 9: Project Management
This task involves the management of the project, including conducting team meetings, calls and grant
management responsibilities including submitting regular progress reports and invoicing. This task also
includes directing subcontractor efforts to complete the deliverables of the project.
Deliverable: Regular progress reports and invoicing including providing the City materials ready for
submission to the CWCB to invoice for grant reimbursement.
Task 10—Final Report
Consultant team will produce a final report to the CWCB describing the project's findings and
recommendations.
Final Deliverable: A final report describing the ATM project will be provided to the CWCB in digital
format.
Agreement Professional Services Page 14
EXHIBIT B PROFESSIONAL SERVICES AGREEMENT
Schedule and Budget
Task Start Date Finish Date
Task ]: Identify Municipal Projected Finn Yield NTP NTP+6rnos
Demands
Task 2: Identify Environmental Flow Needs for the NTP NTP+6 mos
Upper Roaring Fork River and Key Tributaries
Task 3: Investigations of Potential ATM Water NTP NTP+6 mos
Supplies in the Upper Roaring Fork River Basin
Task 4: Develop and implement outreach strategies to NTP NTP+10 mos
potential agricultural partners
Task 5: Identification of ATM opportunities for ISFs NTP+6 mos NTP+12 mos
and Municipal uses
Task 6: Develop Conceptual Plans of Operation for NTP+12 mos NTP+20 mos
ATMs
Task 7: Identifying Opportunities for Water Sharing
NTP NTP+22 mos
with East Slope Water Users
Task 8: Public outreach and corrununication NTP NTP+26 mos
Task 9: Project Management NTP NTP+26 mos
Task 10—Final Report INTP+16 mos NTP+26 mos
Agreement Professional Services Page 15
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