HomeMy WebLinkAboutresolution.council.009-18 RESOLUTION # 9
(Series of 2018)
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
MAROON CREEK FOR THE PURPOSES OF ENHANCING THE
UNDERSTANDING OF OUR WATERSHEDS.
Whereas, the City, as a municipal water provider, owns and manages water
resources on Maroon Creek; and
Whereas, the City, strives to be a wise steward and protector of these water
resources; and
Whereas, the recent risk analysis performed by Headwaters Corporation
indicated a great deal of uncertainty associated with the City's streamflow
database; and
Whereas, one of the missions of the United States Geologic Survey is to
protect our nation's water through monitoring and assessing water resources;
and
Whereas, the USGS granted the City $8000 in September 2017 for the
installation of a gaging station near the Maroon Creek headgate; and
Whereas, the City contributed $10,000 in December 2017 for the installation
of the gaging station near the Maroon Creek headgate; and
Whereas, the City and the USGS worked jointly with T-Lazy 7 Ranch to
install a gage on T-Lazy 7 Ranch property near the Maroon Creek headgate;
and
Whereas, the USGS has prepared a five-year contract for the operation and
maintenance of the Maroon Creek gage for an amount of$90,000; and
Whereas, the City believes that this data will be useful in maintaining safe and
reliable water supplies for a vibrant community while balancing the needs of its
surrounding natural environment,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen does hereby authorize the City
Manager to execute a five-year contract between the City of Aspen and the US
Geological Survey for the operation and maintenance of the Maroon Creek gage.
INTRODUCED, READ AND ADOPTED by the C'ty Council of the City of
Aspen on the 22nd day of January 2018. /
Steven Skad n, Mayor
I, Linda Manning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held, January 22, 2018.
Linda Manning, City Cl rk
Fanuc-1366 U.S.Daperbnent of the Interior customer Ho
(fyr14o15) U.S.'Geologfcat Survey Agreamerd No 17ow61713a 0980.: `
JointFunding Agreement Pro)act Ne'
FOR WATER ft ESOURCEStNVESTIGATIONS 11 f.eM i666G3
. . . - Fbmd Cost Agreement.QYes E*
THIS AGREEMENT is entered ihto as of the 1"day'of"
ptemer,2017 by t6 U.S.GEOLOGICAL SURVEY,UNITED
STATES DEPARTMENT OF THE INTERIOR,party of the first gait,end the Cfty of Aspen,party of the second part
1.The pa"hereto.agree thatsubject to hire availability of apI*' i*idons and in accordance w6h their respective authorities there shall
be maintained in coop Iara9on.'of Brk
e alsllation of a laaWinkel sfreamflow gaging statlon In the Roaring Fork Rivw b.;,slr,herein
called the program.The USGS 1(4wea0mrity is 43 USC 38C;43 USC 50;and 43 USC 500.
2. The.foltow1hg amounts shelf ire contributed to cover all of ork the cost of the necessary field and analytical Wdktcty related to—this.
program.2(b)includes ln=Kmd Services In the amount of$OAO.
(a). $6,000,00 by the party of the first part during fire period
September 1,2017 to December 31 2017
(b) $1 o;000.Do' by the party of the second part during ifiI ori
September 1,2017 to December 31,2017
4000.00 Umnatched
(c)Cantributioiis are prow dad b/the party of the first part fhmu9h oilier USGS rag nmol or rat oral programs,in the amount of
$0.00 pesaiption of USES ragionalhietional program: NA
(d) Addiitional or reduosd amounts by each party during the above period or succeeding periods as may be determined by mutual
agreement and set forth Irian exchange of letlers between the parties.
(a)The perfoirriarice period may be charged by mutual agreemerd and set forth in an exchange of letters between the parties.
3. The costs of this program maybe paid by either party in conformitywith the laws and regilations.respeclivey governing each party.
4. The field and analytical work pertaining to"S program shall be urder the dhi6tion of a subjec(lo periodic review by an sljl a ed
representative.of Ore party of"first part.
5. The areas to belriduded in the'program shell be.determined by mutual I reerraard between the parties It or their auttdrized
represahtatWes.The methods employed in the field and office shall ba Urose adoptedby the party of the fire part to Intrrrre tha required
standards of accuracy subject to modification by mutual agreement.
6. During the course of this program all.field acid anatyocal work of either party pedairdng to this program shd. be open to the inspection
of the other party,and i(the work is not being carred on Ina mutuaAyer,
s"actory mann ,either party may terminate ids agreement upon
60 days written notice to,ttre other party.
7. The original re6D(*resulting from this piggram Will be deposited in the office of origin of those-records. * quest.copies of the.odginst
reoads will be provided to the office.of the other patty..
8. Ttie maps,recbrils or reports resuldngfran this program shag be roads available to tura Wt4lo es pmplty roas possible.The maps; records
or reports normally doll be published by the.party of the first part.Haysver,the party of tl1e seoaxlpert reserves the right to publish the
tesWts d thisprogran arid,if already published by the party of the first part stat,upon regrmst be fu.. by thspady of the first part,at
Gosh,impression¢suNable for piuposes'of reprodudiom:similar to thalfor wtirch ttieorigkial copy was prepared:The maps.recortls or
published by ai8ler Pety
shall contain a statement of the cooperative relations between the parties.
9. USGS VA Issue billings utilizing Department of the Interior Bill for Collection(Folin D0040.Billing documents:are to be rendered annwliv
(Deoember 20171.Payments of bits aha due within 60 days after the Wing data.If rqt paid by the due hate,.interest will be ohavged at the
current Treaswy rate for each 30 day parigd,or porbon ff)ereof,than Ilse payme d*is delayed.beyord the duotlate..(3tUSC-3717;
Comptroller General Fie B&2t2222,.August 23,1983).
> tfsosPowarcauaa ;.: cuamrr,art�anoraauer: -
Nairne: Steven P.Anders .... Namei. .;Mar9arot McAeltlrh . . ..
Address: 445 W Guar6on Ave..Sa 130 :... . . .: Address; 130 South-Galena Sheet :...:. ..::
. Grant Jrsrdio- Cfl 875 1 Asrieb W 81611 . ....r :. . . .
Teleptwne: 97tkG2&7Uo:. - - ... i'." Telephorw ::970-429-1992. . .:.:. ;, ..:..
Emal: Email: - .medel6n a ofe en.wm
By r t
Data 15 l By oats /
larrre: Mau - Name: .. . i// rh ...U., . •'�
. T81e: ikador Title:
United States Department of the Interior
I �p iw
U. S.GEOLOGICAL SURVEY
Colorado Water Science Center, Western Colorado Office
y, ,ego 764 Horizon Drive, Room 125
" Grand Junction,Colorado 81506
(970)245-5257
INUFL)REHR IU:
December 4, 2017
Ms. Margaret Medellin
Utilities Portfolio Manager
City of Aspen
130 South Galena Street
Aspen, CO 81611
Dear Ms. Medellin:
This letter and attached joint funding agreement supersedes those developed on November 30, 2017.
The billing cycle, noted on the Joint Funding Agreement, has been revised to reflect quarterly billing
rather than annual billing which corresponds with our internal policies. No other changes.
The proposed cost for the U.S. Geological Survey(USGS)to provide operation and maintenance of the
gaging station 09076000 Maroon Creek near Aspen, CO for the period January 1, 2018—December 31,
2022 is$90,724.The entirety of which will be provided by the City. The agreement, which covers multiple
years as identified in Tablet. includes estimated increases for inflation beyond calendar year 2018.
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 January 1, 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,
Form 9-1366 U.S.Department of the Interior Customer No: 6000003783
(April 2015) U.S.Geological Survey Agreement No:18CMC018 133 0000
Joint Funding Agreement Project No:
FOR WATER RESOURCES INVESTIGATIONS TIN R:84-600563
Fixed Cost Agreement Qx Yes[—]No
THIS AGREEMENT is entered into as of the 1"day of January,2018 by the U.S. GEOLOGICAL SURVEY, 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 of the operation and maintenance streamflow,gaging station 09076000 Maroon Creek near Aspen,
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 1,2018 to December 31,2022
(b) $90,724.00' by the party of the second part during the period
January 1,2018 to December 31,2022
'$90,724.00 Unmatched
(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 tie those adopted by the party of the first part to insure the required
standards of accuracy subject to modificalion 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.
9. USGS will issue billings utilizing Department of the Interior Bill for Collection(Forth DI-1040).Billing documents are to be rendered quarterly.
Payments of bills are due within 60 days after the billing date.If not paid by the due date,interest will be charged at the current Treasury rate
for each 30 day period,or portion thereof,that the payment is delayed beyond the due date.(31USC 3717;Comptroller General File 8-
212222,August 23,1983).
USGS Point of Contact Customer Point of Contact
Name: Steven P.Anders Name: Margaret Medellin
Address'. 445 W Gunnison Ave.,Ste 130 Address 130 South Galena Street
Grand Junction.CO 81501 Aspen,CO 81611
Telephone: 97D-628-7140 Telephone: 9704294992
Email: speovhRusms. Email: n man aret.rnede0in nota/s/ n.00mm ri
By - n Date l L- / -�;> By w [/'f/j�....,..vc Data
Name: Dli Mau - Name: -
Tdle: Director Tide:
Femur 9-1366 U.S.Department of the Interior Customer No: 6000003783
. (Apo 2015) U.S.Geological Survey Agreement No:18CMC018133 0000
Joint Funding Agreement Project No: -
FOR WATER RESOURCES INVESTIGATIONS TIN a:84-600563
Fored Cost Agreement OYes r__�No
THIS AGREEMENT is entered into as of the 1"day of January,2018 by the U.S. GEOLOGICAL SURVEY, 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 of the operation and maintenance streamflow,gaging station 09076000 Maroon Creek near Aspen,
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 parry of the first part during the period
January 1,2018 to December 31,2022
(b) $90,724.00' by the party of the second part during the period
January 1,2018 to December 31,2022
*$90,724.00 Unmatched
(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 regionaUnational program: NA
(d) Additional or reduced amounts by each party during the above period orsucceeding 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 goveming 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.
9. USGS will issue billings utilizing Department of the Interior Bill for Collection(Forth DI-1040).Billing documents are to be rendered quarterly.
Payments of bills are due within 60 days after the billing date.If not paid by the due date,interest will be charged at the current Treasury rate
for each 30 day period,or portion thereof,that the payment is delayed beyond the due date.(31 USC 3717;Comptroller General File 6-
212222,August 23, 1983).
USGS Point of Contact Customer Point of Contact
Name: .Steven P.Anders Name: Margaret Medellin
Address: 445 W Gunnison Ave.,Ste 130 Address: 130 South Galena Street _
Grand Junction,CO 81501 Aspen,CO 81611
Telephone: 970428-7140 Telephone: 970429-7992
Email: a J Email: ma ret.meedelin fas n.com
BY Date 12-41
1 �� BY Y Date
Name: avid Mau Name:
I`lTitle: Director Title:
I