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21-1696ORDINANCE NO. 21-1696 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINT FUNDING AGREEMENT FOR WATER RESOURCE INVESTIGATIONS WITH THE UNITED STATES GEOLOGICAL SURVEY (USGS) RELATED TO CONTINUED SUPPORT OF THE HICKORY CREEK STREAMFLOW STATION IN THE AMOUNT OF $4,700.00 (AGREEMENT NUMBER: 22SJJFATX161000); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Hickory Creek Streamflow Station (the "Station"), located at. Country Club Road and Hickory Creek Road, is a full range station displaying gauge height and discharge flow on the Online National Water Dashboard; and WHEREAS, the United States Geological Survey ("USGS") is conducting Texas Water Science Center Water Resources Investigations during the period October 1, 2021 through September 30, 2022; and WHEREAS, one of the USGS' investigations includes gauging streamflow and discharge volume at the Station (the "Project"); and WHEREAS, USGS has requested the City of Denton to cover all the cost of the necessary field and analytical work directly related to this Project in an amount not to exceed $4,700.00; and WHEREAS, the United States Army Corps of Engineers ("USACE") will also contribute to the Project in the amount of $11,200.00; and WHEREAS, the data is utilized by staff in support of the Hickory Creek Watershed Protection Plan; and WHEREAS, the records and reports resulting from this program shall be made available to the public as promptly as possible; and WHEREAS, the USGS has presented the City with its standard Joint Funding Agreement for the Project, which is attached hereto as Exhibit A (the "Agreement"); and WHEREAS, the City Council, having considered the importance of the Project and the Agreement required by USGS, is of the opinion that it should approve the Agreement by and between the USGS and the City; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference as true and as if fully set forth in the body of this ordinance. SECTION 2. The City Manager, or his designee, is hereby authorized to execute and deliver the Joint Funding Agreement to USGS, as attached hereto as Exhibit A and incorporated by reference herein. SECTION 3. The City Manager, or his designee, is further authorized to carry out all duties and obligations to be performed by the City under the Agreement, including, but not limited to, the expenditure of funds as contemplated therein. SECTION 4. The City Council of the City of Denton hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under the USGS joint funding agreement to the City Manager of the City of Denton, or his designee. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by 'R)s , C' -f) and sccondcd by 'N ; c L, U , , the ordinance was passed and approved by the following vote L - pJ : Aye Nay Abstain Absent Gerard Hudspeth, Mayor: Vicki Byrd, District 1: Brian Beck, District 2: ✓ Jesse Davis, District 3: ✓ Alison Maguire, District 4: 1/ Deb Armintor, At Large Place 5: V Paul Meltzer, At Large Place 6: 1/ PASSED AND APPROVED this the 'L `-i '�k day of 2021. Gerard Hudspe , Mayor ATTEST: ROSA RIOS, CITY SECRETARY 1111if0011 641 � BY:Lao= 4 • i s . • Z APPROVED AS TO LEGAL FORM: i r CATHERINE CLIFTON, INTERIM CITY ATTORNEY �; �•:••..•••.••••••.•� • �,``. 0i 1'lly mg— by / 1 oH:aann�aooryofaenxo�aomdad, ou�enem[Garemment oar -legal. C/� W.DePartmeel a,ers and G,o.P,. /►►►���, ��� mdaiM1eare ClRlon. � BY: �41.e. �.n•aae.m�.�m �aie3011A8A314:4351 L590' DocuSign Envelope ID: FF15D644-90OA-4C2D-9B2D-E24E96D719D9 EXHIBIT A Form 9-1366 U.S. Department of the Interior Customer #: 6000002538 (May 2018) U.S. Geological Survey Agreement #: 22SJJFATX161000 Joint Funding Agreement Project #: SJO09ME FOR TIN #: 75--6000514 Water Resource Investigations Fixed Cost Agreement YES[ X ] NO[ ] THIS AGREEMENT is entered into as of the October 1, 2021, by the U.S. GEOLOGICAL SURVEY, Oklahoma -Texas Water Science Center, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the City of Denton 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 (per attachment), 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) include In -Kind -Services in the amount of $0.00 (a) $0 by the party of the first part during the period October 1, 2021 to September 30, 2022 (b) $4,700 by the parry of the second part during the period October 1, 2021 to September 30, 2022 (c) Contributions are provided by the parry of the first part through other USGS regional or national programs, in the amount of: $0 Description of the USGS regional/national program: (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 parry 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 parry 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 parry 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 parry 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 (SOW) are subject to applicable USGS review, approval, and release requirements, which are available on the USGS Fundamental Science Practices website (htts://www.us s. ov/about/or anization/science-su ort/science- ualit -and-inte rit (fundamental -science - practices). DocuSign Envelope ID: FF15D644-900A-4C2D-9B2D-E24E96D719D9 Form 9-1366 U.S. Department of the Interior Customer M 6000002538 (May 2018) U.S. Geological Survey Agreement M 22SJJFATX161000 Joint Funding Agreement Project #: SJO09ME FOR TIN #: 75--6000514 Water Resource Investigations 9. Billing for this agreement will be rendered annually. Invoices not paid within 60 days from the billing date will bear Interest, Penalties, and Administrative cost at the annual rate pursuant the Debt Collection Act of 1982, (codified at 31 U.S.C. § 3717) established by the U.S. Treasury. USGS Technical Point of Contact Name: Kristine Blickenstaff Branch Chief - Integrated Address: Hydrology+Data Science Address: 501 W. Felix Street Bldg 24 Telephone: Fort Worth, TX 76115 Telephone: (682) 316-5033 Fax: (682) 316-5022 Email: kblickenstaff@usgs.gov USGS Billing Point of Contact Name: Kandis Becher Budget Analyst Address: 501 W. Felix Street Bldg 24 Fort Worth, TX 76115 Telephone: (682) 316-5051 Fax: (682) 316-5022 Email: kkbecher@usgs.gov U.S. Geological Survey United States Department of Interior Signature TIMOTHY TI;MOTHYRA,NE5 y RAINES Date: 2021.06.0407:44,08 B 05,00' Date: Name: Timothy H. Raines Title: Director THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED Uocu%gned by: operational ;iness terms. � sea�asa��3a14,90- Signature Assist. Director Environmental Envi ronmenta I'tl9servi ces 8/2/2021 Department Date Signed Customer Technical Point of Contact Name: JoEtta Dailey Manager Address: 1105 South Mayhill Rd Denton, TX 76208 Telephone: (940) 349-7153 Fax: Email: Joetta.dailey@cityofdenton.com Customer Billing Point of Contact Name: JoEtta Dailey Manager Address: 1105 South Mayhill Rd Denton, TX 76208 Telephone: (940) 349-7153 Fax: Email: Joetta.dailey@cityofdenton.com City of Denton Name: C �LY� Title: By_ Name: Title: services By Name: ,%11111111111 Title: +`rr� OF D6N/i", r S r � y //// �E`��'••......••'•Qom' �` X01111 %11I'```, Date, Date: Date: ATTES ��i� CITY SECRETARY CITY OF DENTON, TEXAS DocuSign Envelope ID: FF1 5D644-900A-4C2D-9B2D-E24E96D71 9D9 City of Denton 22SJJFATX161000 Site Information Description Code Units Diff. USGS Customer Total Factor Funds Funds Task: 1 - Surface Water Data Collection Site: 08052780 Hickory Creek Denton, TX Full Range Streamflow Station QCONT 0.30 1.00 (USACE FW funds $11,200) Site Totals: 1 total site(s) under the Account Totaling: Agreement Total. PROJECT SURFACE WATER: 00140 AGREEMENT TOTAL: $0 $4,700 $4,700 $0 $4,700 $4,700 $0 $4,700 $4,700 $0 $4,700 $4,700 USGS CITY OF TOTAL FUNDS DENTON COST $0 $4,700 $4,700 $0 $4,700 $4,700