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
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APPROVED AS TO LEGAL FORM:
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CATHERINE CLIFTON, INTERIM CITY ATTORNEY
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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.
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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
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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