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Home My WebLink About2026-12 A Resolution Approving an IGA with USGS regaring Installation of a Stream Gage at Bighorn ParkRESOLUTION NO. 12 Series of 2026 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL, COLORADO AND THE UNITED STATES GEOLOGICAL SURVEY REGARDING INSTALLATION OF A STREAM GAGE AT BIGHORN PARK; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the “Town”), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the “Charter”); and WHEREAS, the members of the Town Council of the Town (the “Council”) have been duly elected and qualified; and WHEREAS, the Town and the United States Geological Survey (“USGS”) wish to enter into an Intergovernmental Agreement (“IGA”) for the construction of a installation and maintenance of a stream gage monitoring station in Gore Creek at Bighorn Park; and NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves and authorizes the Town Manager to enter into the IGA with USGS, in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney, for the installation and maintenance of a stream gage located at Bighorn Park. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town council of the Town of Vail held this 7th day of April, 2026. Barry Davis Town Mayor ATTEST: Stephanie Kauffman Town Clerk 04/02/26 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/CSALLI_VAIL_GOV/DOCUMENTS/DESKTOP/REVOCABLE LICENSE TEMPLATE.DOC REVOCABLE LICENSE AGREEMENT THIS REVOCABLE LICENSE AGREEMENT (the "Agreement") is made this ____ day of _____________, 2026, by and between the Town of Vail, COLORADO, a Colorado home rule municipality with a legal address of 75 South Frontage Road, Vail, Colorado 81657 (the "Town"), and _________________, a ______________ with a legal address of __________________________ ("Licensee"). For and in consideration of the sum of ten dollars ($10.00) paid by the Licensee to the Town, the covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: SECTION 1. LICENSE Licensee desires to obtain a License to occupy and use the property more particularly described and depicted in Exhibit A, attached hereto and incorporated herein by this reference (the "Property"). Subject to all the terms and conditions hereto, the Town hereby grants to Licensee a license to occupy and use the Property for the purpose set forth in Section 2 hereof. SECTION 2. PURPOSE The Property may be used and occupied by the Licensee for the purpose of constructing and maintaining a USGS Gagin Station over and on the Property. SECTION 3. TERMINATION Either party may terminate this Agreement by giving written notice to the other party specifying the date of termination, such notice to be given not less than thirty (30) days prior to the date specified therein. Upon termination, Licensee shall return the Property to its original condition at Licensee's own expense. SECTION 4. MAINTENANCE Licensee shall, at its own expense, keep and maintain in good repair any fixtures or structures constructed, placed, operated or maintained on the Property and, within thirty (30) days of termination of this Agreement, shall remove such fixtures. SECTION 5. DAMAGE TO PROPERTY Licensee shall be responsible for all damage to the Property arising out of or resulting from the use of the Property by the Licensee, its agents, employees, visitors, patrons and invitees. The Town shall notify Licensee immediately upon discovery of any damage to the Property. Licensee shall correct and repair the damage within one (1) week of notification or knowledge of the damage unless otherwise directed by the Town. 04/02/26 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/CSALLI_VAIL_GOV/DOCUMENTS/DESKTOP/REVOCABLE LICENSE TEMPLATE.DOC 2 SECTION 6. INDEMNIFICATION Licensee shall indemnify, hold harmless and defend the Town and its representatives, officers, employees, agents, and contractors from and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including, without limitation, reasonable attorney fees, arising from or in any way connected with injury to or the death of any person or physical damage to any property resulting from any act, omission, condition, or other matter related to or occurring on or about the Property under this Agreement. Licensee agrees to investigate, handle, respond to, and to provide defense for and defend against any such liability, claims or demands at his sole expense, or, at the option of the Town, agrees to pay the Town or reimburse the Town for the defense costs incurred by the Town in connection with any such liability, claims or demands. Licensee also agrees to bear all other costs and expenses related thereto, including court costs and attorney fees, whether or not any such liability, claims or demands alleged are groundless, false or fraudulent. SECTION 7. INSURANCE Licensee agrees to self insure in accordance with the Federal Tort Claims Act (FTCA) (28 U.S.C. §§ 1346 and 2671-2680). A statement of self insurance provided to the Town within thirty (30) days of execution of this Agreement, and annually thereafter. The failure to provide the statement of self Insurance shall be grounds for immediate termination of this Agreement and revocation of the license granted herein. SECTION 8. NOTICES Any notice given pursuant to this Agreement by either party to the other shall be in writing and mailed by certified mail, return receipt requested, postage prepaid, and addressed as follows: To the Town: Town of Vail 75 S. Frontage Road Vail, CO 81657 To Licensee: SECTION 9. MISCELLANEOUS A. Agreement Binding. This Agreement shall inure to the benefit of and be binding upon the heirs, successors and assigns of the parties hereto, subject to any other conditions and covenants contained herein. B. Applicable Law and Venue. The laws of the State of Colorado and applicable federal, state and local laws, rules, regulations and guidelines shall govern this Agreement, and the venue for any legal proceeding arising out of this Agreement shall be Eagle County, Colorado. 04/02/26 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/CSALLI_VAIL_GOV/DOCUMENTS/DESKTOP/REVOCABLE LICENSE TEMPLATE.DOC 3 C. Amendment. This Agreement may not be amended except in writing by mutual agreement of the parties, nor may rights be waived except by an instrument in writing signed by the party charged with such waiver. D. Headings. The headings of the sections of this Agreement are inserted for reference purposes only and are not restrictive as to content. E. Assignment. Licensee may not assign or transfer this Agreement, except upon the express written authorization of the Town. F. No Third-Party Beneficiaries. Except as expressly provided herein, there are no intended third-party beneficiaries to this Agreement. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. H. Governmental Immunity. Nothing herein shall be construed as a waiver of any protections or immunities the City may have under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended. I. Integration. The foregoing constitutes the entire agreement between the parties and no additional or different oral representation, promise, or agreement shall be binding on any of the parties hereto with respect to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have duly executed this Agreement effective the day and year first above written. TOWN OF VAIL By: ____________________________________ Russell Forrest, Town Manager ATTEST: ________________________________ Stephanie Kauffman, Town Clerk 04/02/26 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/CSALLI_VAIL_GOV/DOCUMENTS/DESKTOP/REVOCABLE LICENSE TEMPLATE.DOC 4 LICENSEE: ________________________________ STATE OF COLORADO ) ) ss. COUNTY OF _____________ ) Subscribed, sworn to and acknowledged before me this _____ day of _______________, 20__, by _______________________. My Commission expires _______________. (SEAL) ____________________________________ Notary Public USGS Form 9-1482 Revised: Mar 2022 U.S. DEPARTMENT OF THE INTERIOR U.S. Geological Survey Agreement No: AGREEMENT FOR INSTALLATION AND MAINTENANCE OF MONITORING STATION * 09066060 GORE CREEK ABOVE BIGHORN PARK NEAR VAIL, CO The landowner agrees that the U.S. Geological Survey (USGS), Colorado Water Science Center, may install and maintain a monitoring - , water-quality and this agreement. monitoring 39o 37’43.39” Longitude: 106 o 17’13.17“ -quality sensor monitoring monitoring monitoring 1- 2- monitoring U.S.C. USGS Form 9-1482 Revised: Mar 2022 , the monitoring USGS Project Chief: Address: 445 W. Gunnison Ave, Suite 130 970-260-8015 Email: Landowner / Contact: Address: Email: USGS Water Science Center Contact Address: US Geological Survey West 6th Denver Federal Center, Building 53, MS-415 303-236-6900 Email: mely Signatures: U.S. Geological Survey Date Landowner Date USGS Form 9-1482 Revised: Mar 2022 United States Department of the Interior U. S. GEOLOGICAL SURVEY Colorado Water Science Center, Western Colorado Office 445 West Gunnison Ave, Suite 130 Grand Junction, Colorado 81501 IN REPLY REFER TO: March 31, 2026 To Whom It May Concern: The United States Geological Survey (USGS) is seeking to install a new stream gaging station near a pedestrian bridge in the town of Vail and is providing this letter in response to your inquiry regarding insurance. This letter confirms that the USGS, as a federal agency, is self-insured. The Federal government does not purchase private insurance to cover potential liability of government employees acting within the scope of employment. This is because it is a long-standing policy of the United States to self-insure its own risk of loss. In accordance with the Federal Tort Claims Act (FTCA) (28 U.S.C. §§ 1346 and 2671-2680), the federal government is responsible for addressing claims for damages caused by the negligent or wrongful actions or omissions of its employees while acting within the scope of their official duties. The USGS follows this self-insurance policy. Any claims for loss or damage resulting from USGS employee actions would be handled through the FTCA. Sincerely, Patricia (Trisha) A. Solberg USGS Supervisory Hydrologic Technician/Project Chief US Geological Survey 445 West Gunnison Avenue, Suite 130 Grand Junction, CO 81501-5720 psolberg@usgs.gov