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Home My WebLink About10334ORDINANCE NO. 10334 AN ORDINANCE APPROVING A JOINT FUNDING AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, AND THE U.S. GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR, TO CONTINUE THE COLLECTION OF HYDROLOGIC DATA ALONG FOUNTAIN CREEK AND THE ARKANSAS RIVER AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Joint Funding Agreement by and between the City of Pueblo, a Colorado municipal corporation, and the U.S. Geological Survey, dated January 1, 2023, a copy of which is attached hereto and made part hereof by reference (“Agreement”) after having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The Mayor is hereby authorized to execute said Agreement on behalf of the City of Pueblo and the City Clerk is authorized to affix the seal of the City thereto and attest the same. SECTION 3. The officers and staff of the City are authorized to perform any and all acts consistent with this Ordinance and the attached Agreement which are necessary or appropriate to implement the transactions described therein. SECTION 4. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on November 14, 2022. Final adoption of Ordinance by City Council on November 28, 2022 . President of City Council Action by the Mayor: ☒ Approved on December 5, 2022 . □ Disapproved on based on the following objections: _ Mayor Action by City Council After Disapproval by the Mayor: □ Council did not act to override the Mayor's veto. □ Ordinance re-adopted on a vote of , on □ Council action on _______ failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk's Office Item # R8 Background Paper for Proposed Ordinance November 14, 2022 COUNCIL MEETING DATE: TO: President Heather Graham and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Andra Ahrens, Director Wastewater SUBJECT: AN ORDINANCE APPROVING A JOINT FUNDING AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, AND THE U.S. GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR, TO CONTINUE THE COLLECTION OF HYDROLOGIC DATA ALONG FOUNTAIN CREEK AND THE ARKANSAS RIVER AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT SUMMARY: This Ordinance approves and authorizes the Mayor to sign a Joint Funding Agreement between the City of Pueblo and the U.S. Geologic Survey (“USGS”) for the 2023 calendar year, to continue the collection of hydrologic data, including gaging stations and sediment data. PREVIOUS COUNCIL ACTION: Not applicable to this Ordinance. BACKGROUND: Collection of Daily Suspended Sediment The cost for operation and maintenance of the sediment monitor is shared by City of Pueblo, Pueblo County, and Southeastern Colorado Water Activity Enterprise. The cost to the City of Pueblo is $4,779. Collection of Streamflow Data The USGS will operate surface-water gages at 07099970 Arkansas River at Moffat Street and 07099973 Arkansas River Tributary above Hwy 227. Real-time data from these sites are also available on the worldwide web. Cost to the City of Pueblo for this program element is $5,203. FINANCIAL IMPLICATIONS: SUMMARY OF CITY OF PUEBLO/USGS COOPERATIVE PROGRAM Surface Water Program Element City of USGS Total Pueblo 1. Operation and maintenance of daily $4,779 $1,754 $6,533 sediment site at Fountain Creek Pueblo 2a. Operation and maintenance of stream $1,936 $863 $2,799 gage at 07099970 Arkansas River at Moffat Street 2b. Operation and maintenance of stream $3,267 $3,267 gage at 07099973 Arkansas River Tributary above Hwy 227 Totals $9,982 $2,617 12,599 Funds for implementation of this agreement are included in the Wastewater Department’s 2023 budget. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: The no-action alternative would jeopardize the continuation of the collection of hydrologic data, including gaging stations and sediment data, along Fountain Creek and the Arkansas River. RECOMMENDATION: Approval of the Ordinance. ATTACHMENTS: 1. USGS Agreement Form 9-1366 U.S.Department of the Interior Customer No:6000001058 (May 2018) U.S.Geological Survey Agreement No:23REJFACO 206 Joint Funding Agreement Project No: FOR WATER RESOURCES INVESTIGATIONS TIN#:846000615 Fixed Cost Agreement X Yes No THIS AGREEMENT is entered into as of the 1't day of January,2023 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 Pueblo,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,collection of hydrologic data including gaging stations and sediment data, 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) $2,617.00 by the party of the first part during the period January 1,2023 to December 31,2023 (b) $9,982.00 by the party of the second part during the period January 1,2023 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: 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- q uality-and-integrity/fu ndamental-science-practices). 9. Billing for this agreement will be rendered semi-annually(in September and December). 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:6000001058 (May 2018) U.S.Geological Survey Agreement No:23REJFACO 206 Joint Funding Agreement Project No: FOR WATER RESOURCES INVESTIGATIONS TIN#:846000615 Fixed Cost Agreement X Yes No USGS Technical Point of Contact Customer Technical Point of Contact Name:Krystal Brown Name:Andra Ahrens Title: Supervisory Hydrologic Technician Title: Interim Wastewater Director Address:201 E.9"'St. Address: 1300 South Queens Avenue City/State/Zip: Pueblo,CO 81003 City/State/Zip:Pueblo,CO 81001 Telephone:719-562-2841 Telephone:719-553-2896 Fax:719-544-2463 Fax: Email:kbrown@usgs.gov Email:aahrens@pueblo.us USGS Billing Point of Contact Customer Billing Point of Contact Name:Meghan Patterson Name:Nicholas Gradisar Title: Budget Analyst Title:City Mayor Address:Denver Federal Center,MS-415,Building 53 Address:City of Pueblo, 1 City Hall Place City/State/Zip:Lakewood,CO 80225 City/State/Zip:Pueblo,CO 81003 Telephone:303-236-1450 Telephone:719-553-2611 Fax:303-236-4912 Fax: Email:mpatterson@usgs.gov Email:NGradisar@pueblo.us U.S.Geological Survey United States City of Pueblo Department of Interior SIGNATURE SIGNATURES BRANDON Dagitally signed by BRANDONFORBEt F O R B E S Date 2022.10.26 11:55.48 By: -06'00' Date: By: Date:40'0 Name: Matthew Ely ame:Nicholas disar Title: Director,CWSC/USGS Title:City Mayor