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Home My WebLink About2020 Ordinance No. 055 1 BY AUTHORITY ORDINANCE NO. 55 COUNCIL BILL NO. 57 SERIES OF 2020 INTRODUCED BY COUNCIL MEMBER STONE AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "U.S. DEPARTMENT OF THE INTERIOR U.S. GEOLOGICAL SURVEY JOINT FUNDING AGREEMENT FOR WATER RESOURCES INVESTIGATIONS." WHEREAS, stream flow gauges are located at the South Platte River at Union Avenue and the South Platte River at Englewood, and have been operated and maintained by the U.S. Geologic Survey since 1990; WHEREAS, the data provided by the Union Avenue gauging station is required by the State Water Commissioner to make releases from Chatfield Reservoir during periods of low flow when there is insufficient water available to meet pumping demands at the Union Avenue Pump Station; WHEREAS, the data provided by the South Platte River at Englewood gauging and water quality monitoring station provides the data necessary to assist in determining state water quality permit requirements for the South Platte Renew Wastewater Treatment Plant; WHEREAS, the temperature data provided from the South Platte River at Englewood water quality monitoring station is used for South Platte Renew permit monitoring and compliance purposes; WHEREAS, the City Council of the City of Englewood approved a Joint Funding Agreement with the U.S. Geological Survey in regard to the costs associated with these stream flow gauges and monitoring station by the passage of Ordinance No. 20, Series of 1996, Ordinance No. 87, Series of 1997, and Ordinance No. 5, Series of 1999; Ordinance No. 2, Series of 2001; Ordinance No. 68, Series of 2008; and Ordinance No. 9, Series of 2015, such Ordinances authorizing the City Manager to further extend such Agreements for up to five (5) additional one (1) year periods; WHEREAS, Ordinance No. 9, Series of 2015 expires in September, 2020, requiring adoption of a new Interlocal Joint Funding Agreement for Water Resources Investigations with the U.S.G.S. (IGA), such updated IGA to be for an initial term of October 1, 2020 through September 30, 2021, and thereafter authorizing the City Manager to further extend such IGA for up to five (5) additional one (1) year periods; WHEREAS, the proposed IGA establishes the contributions of each party to the IGA as follows: South Platte Renew $27,856/annually; Englewood Utility Department $12,266/annually; U.S.G.S. $20,339.00/annually; and WHEREAS, the South Platte Renew Supervisory Committee recommended approval of this Agreement at their regular meeting of September 24, 2020. DocuSign Envelope ID: FD2A87E0-1EDD-44DD-9AF0-1481D2E32CCA 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The intergovernmental agreement entitled "U.S. Department of the Interior U.S. Geologic Survey Joint Funding Agreement for Water Resources Investigations" (IGA), for the period of October 1, 2020 to September 30, 2021, attached hereto as "Exhibit A", is hereby accepted and approved by the Englewood City Council. Section 2. The initial term of such IGA will be October 1, 2020 through September 30, 2021, and thereafter the City Manager is authorized to further extend such IGA for up to five (5) additional one (1) year periods. Section 3. The Mayor and City Clerk are hereby authorized to execute and attest the Intergovernmental Joint Funding Agreement for Water Resources for and on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 16th day of November, 2020. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 19th day of November, 2020. Published as a Bill for an Ordinance on the City’s official website beginning on the 18th day of November, 2020 for thirty (30) days. Read by Title and passed on final reading on the 7th day of December, 2020. Published by Title in the City’s official newspaper as Ordinance No. 55, Series of 2020, on the 10th day of December, 2020 Published by title on the City’s official website beginning on the 9th day of December, 2020 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. 55, Series of 2020. Stephanie Carlile DocuSign Envelope ID: FD2A87E0-1EDD-44DD-9AF0-1481D2E32CCA Form 9-1366 U.S. Department of the Interior Customer No: 6000000881 (May 2018) U.S. Geological Survey Agreement No: 21REJFACO012 Joint Funding Agreement Project No: FOR WATER RESOURCES INVESTIGATIONS TIN #: 846000583 Fixed Cost Agreement X Yes No THIS AGREEMENT is entered into as of the 1st of October, 2020 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 Englewood, 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, operation and maintenance of streamflow and water quality stations in the South Platte River basin, 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) $16,643 by the party of the first part during the period October 1, 2020 to September 30, 2021 (b) $40,122 by the party of the second part during the period October 1, 2020 to September 30, 2021 (c) Contributions are provided by the party of the first part through other USGS regional or national programs, in the amount of: $3,696 Description of USGS regional/national program: Groundwater & Streamflow Information Program (GWSIP) (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://www.usgs.gov/about/organization/science-support/science- quality-and-integrity/fundamental-science-practices). 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. DocuSign Envelope ID: FD2A87E0-1EDD-44DD-9AF0-1481D2E32CCA Form 9-1366 U.S. Department of the Interior Customer No: 6000000881 (May 2018) U.S. Geological Survey Agreement No: 21REJFACO012 Joint Funding Agreement Project No: FOR WATER RESOURCES INVESTIGATIONS TIN #: 846000583 Fixed Cost Agreement X Yes No USGS Technical Point of Contact Customer Technical Point of Contact Name: Gregory Smith Name: Dan DeLaughter Title: USGS, Lakewood Field Office Chief Title: Data & Regulatory Programs Manager Address: Denver Federal Center, MS 415 Address: 2900 S. Platte River Drive City/State/Zip: Denver, CO 80225 City/State/Zip: Englewood, CO 80110 Telephone: (303)-236-6945 Telephone: (303) 762-2605 Fax: (303)-236-4912 Fax: Email: gsmith@usgs.gov Email: ddelaughter@englewoodco.gov USGS Billing Point of Contact Customer Billing Point of Contact Name: Meghan Patterson Name: Pieter Van Ry Title: Budget Analyst Title: SPWRP Director Address: Denver Federal Center, MS 415 Address: 1000 Englewood Parkway City/State/Zip: Denver, CO 80225 City/State/Zip: Englewood, CO 80110 Telephone: (303) 236-1450 Telephone: (303) 762-2600 Fax: (303)-236-4912 Fax: Email: mpatterson@usgs.gov Email: pvanry@englewoodco.gov U.S. Geological Survey United States City of Englewood Department of Interior SIGNATURE SIGNATURES By:_______________________________Date:____________ By:_______________________________Date:___________ Name: David P. Mau Name: J. Shawn Lewis Title: Director, CWSC/USGS Title: City Manager By:_______________________________Date:___________ Name: Title: DocuSign Envelope ID: FD2A87E0-1EDD-44DD-9AF0-1481D2E32CCA 12/15/2020