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Home My WebLink About12/07/2023 - Water Commission - AGENDA - Regular Meeting WATER COMMISSION REGULAR MEETING December 7, 2023 5:30 – 7:30 p.m. (Rescheduled from December 21) Online via Zoom or in person at 222 LaPorte Ave, Colorado River Community Room 12/07/2023 Agenda Page 1 The Water Commission advises City Council regarding water, wastewater, and stormwater policy issues such as water rights, planning, acquisition and management, conservation and public education, floodplain regulations, storm drainage, and development criteria. Read more at https://www.fcgov.com/cityclerk/boards/water . This hybrid Water Commission meeting is available online via Zoom, phone, or in person in the Colorado River Community Room of 222 LaPorte Ave. You may join the meeting beginning at 5 p.m. Participants should join at least 15 minutes prior to 5:30 p.m. start time. ONLINE PUBLIC PARTICIPATION: You will need an internet connection on a laptop, computer, or smartphone, and may join the meeting through Zoom at https://fcgov.zoom.us/j/98568801045 Webinar ID: 985 6880 1045 (Using earphones with microphone will improve the audio). Keep yourself on muted status. For public comments, the Chairperson will ask participants to click the “Raise Hand” button to indicate you would like to speak at that time. Staff will moderate the Zoom session to ensure all participants have an opportunity to comment. PUBLIC PARTICIPATION BY PHONE: Please dial +1 346 248 7799 and enter Webinar ID 985 6880 1045. Keep yourself on muted status. For public comments, when the Chair asks participants to click the “Raise Hand” button if they wish to speak, phone participants will need to press *9 to do this. Staff will be moderating the Zoom session to ensure all participants have an opportunity to address the Water Commission. When you are called, press *6 to unmute yourself. PUBLIC PARTICIPATION IN PERSON: To participate in person, individuals should come to the Colorado River Community Room of 222 LaPorte Ave and be prepared to follow strict social distancing guidelines. There may be needs to limit the number of individuals in the meeting room, and thus staging for individuals to speak may need to occur in the lobby or outside (weather permitting). Individuals who wish to speak will line up along the northern wall, maintaining physical distancing. The chairperson will call upon each participant to speak. (Continued on next page) WATER COMMISSION REGULAR MEETING AGENDA December 7, 2023, 5:30 – 7:30 p.m. (Rescheduled from December 21) Online via Zoom or in person at 222 LaPorte Ave, Colorado River Community Room 12/07/2023 Agenda Page 2 1. CALL TO ORDER 2. ROLL CALL 3. AGENDA REVIEW 4. COMMUNITY PARTICIPATION (3 minutes per individual) 5. APPROVAL OF MINUTES: Nov.16 6. UNFINISHED BUSINESS None 7. NEW BUSINESS a. Staff Reports i. Water Reclamation and Biosolids Master Plan Update (Presentation: 15 minutes, Discussion: 10 minutes) Kelly Wasserbach, Civil Engineer III, Water Utilities Christina Schroeder, Director of Plant Operations, Drake Water Reclamation Facility Matt Fater, Director of Civil Engineering, Water Utilities (continued on next page) Documents to Share: Any document or presentation a member of the public wishes to provide to the Water Commission for its consideration must be emailed to KaMartinez@fcgov.com at least 24 hours before the meeting. Provide Comments via Email: Individuals who are uncomfortable or unable to access the Zoom platform or participate by phone are encouraged to participate by emailing comments to the above email address at least 24 hours prior to the meeting. If your comments are specific to any of the discussion items on the agenda, please indicate that in the subject line of your email. Staff will ensure your comments are provided to the Water Commission. WATER COMMISSION REGULAR MEETING AGENDA December 7, 2023, 5:30 – 7:30 p.m. (Rescheduled from December 21) Online via Zoom or in person at 222 LaPorte Ave, Colorado River Community Room 12/07/2023 Agenda Page 3 Staff has contracted with a consultant to provide a master plan for the Water Reclamation and Biosolids Program. Staff would like to provide the commission with an overview of the scope, and answer any questions. ii. Water Loss Audit (Presentation: 15 minutes, Discussion: 10 minutes) Kelly Gordon, Water Conservation Assistant Mariel Miller, Water Conservation Manager Fort Collins Utilities has participated in the American Water Works Association (AWWA) Water Loss Audit annually since 2016 to ensure our operation’s accountability and efficiency. All water utilities experience inevitable water losses during production and supply. These result in financial loss due to uncaptured revenue and wasted water that could be put to more beneficial uses. The audit identifies economically recoverable water loss, how the loss affects utility operations, and opportunities to minimize water and revenue loss. iii. Water Utilities Update (5 minutes) Jill Oropeza, Senior Director-Integrated Water Sciences & Planning Brief verbal update on Water Utilities projects. iv. Financial Monthly Report (Meeting packet only/No presentation) b. Regular Items i. Agreement Regarding the Upper Poudre Watershed Source Water Protection Plan (Presentation: 10 minutes, Discussion and Action: 10 minutes) Richard Thorp, Watershed Program Manager Utilities’ Watershed Program staff and several other regional water providers have drafted a detailed scope of work for developing a Source Water Protection Plan for the Poudre River Watershed. The plan will delineate each water provider’s source water supply boundary, identify overlap between partners, and link to existing watershed protections, programs, and projects. It is expected to foster increased communication, alignment, and cost-sharing of the implementation of best management WATER COMMISSION REGULAR MEETING AGENDA December 7, 2023, 5:30 – 7:30 p.m. (Rescheduled from December 21) Online via Zoom or in person at 222 LaPorte Ave, Colorado River Community Room 12/07/2023 Agenda Page 4 practices to protect shared water resources. Utilities staff seek a recommendation for approval to enter the agreement for the development of the shared plan in advance of the Jan. 16 City Council presentation and discussion. 8. COMMISSIONER REPORTS (Committees, Event attendance, etc.) A. Boards and Commissions Dec. 4 “Super Issues” meeting on Halligan Water Supply Project and Water Efficiency Plan (5 minutes) 9. OTHER BUSINESS (Commissioner concerns, Announcements) a. Discuss Draft 2023 Water Board Annual Report Chairperson Radin will review the report of the Commission’s work this year, and ask for Commissioners to offer comments and suggestions. The report is required by City Code and due to the City Clerk’s Office by Jan. 31. b. Staff Liaison and Business Support III Transition Senior Director-Integrated Water Operations Jeremy Woolf and Business Support III John Song will fill the Staff Liaison and Administrative Support roles for the 2024 Water Commission. These roles are on a one-year rotation to provide an opportunity for various staff to work with the Water Commission, and for Commissioners to gain the perspective of staff working in different areas of the Water Utilities: Water, Water Reclamation and Biosolids, Stormwater, and Capital Projects. 10. ADJOURNMENT DRAFT UNAPPROVED MINUTES WATER COMMISSION REGULAR MEETING November 16, 2023, 5:30-7:30 p.m. Hybrid in person at 222 LaPorte Ave and online via Zoom 11/16/2023 – DRAFT Unapproved MINUTES Page 1 The Water Commission advises City Council regarding water, wastewater, and stormwater policy issues such as water rights, planning, acquisition and management, conservation and public education, floodplain regulations, storm drainage, and development criteria. Read more at https://www.fcgov.com/cityclerk/boards/water . 1. CALL TO ORDER: 5:31 p.m. 2. ROLL CALL  Commissioners Present In Person: James Bishop, Rick Kahn, John Primsky, Jason Tarry  Commissioners Present via Zoom: Tyler Eldridge, Kent Bruxvoort  Commissioners Absent - Excused: Jordan Radin (Chairperson), Paul Herman (Vice Chairperson), Greg Steed  Staff Members Present In Person: Matt Fater, Katherine Martinez, Jen Dial, Ken Sampley  Staff Members Present via Zoom: Michael Neale  Members of the Public: None 3. AGENDA REVIEW  Commissioner Tarry filled in for Chairperson Radin and summarized agenda items. 4. COMMUNITY PARTICIPATION: None 5. APPROVAL OF MINUTES Commissioner Tarry asked for comments and revisions on the Oct. 19 draft minutes. Commissioner Kahn moved to approve the Oct. 19 minutes. Commissioner Bruxvoort seconded the motion. Vote on the motion: it passed unanimously, 6-0 6. NEW BUSINESS a. Staff Reports i. Water Resources Quarterly Report (No presentation, Staff available for questions) Michael Neale, Water Resources Engineer Jen Dial, Water Resources Division Manager DRAFT UNAPPROVED MINUTES WATER COMMISSION REGULAR MEETING 11/16/2023 – DRAFT Unapproved MINUTES Page 2 Discussion Highlights Commissioners commented on or inquired about various related topics including decreased water usage leading to decreased revenue, and how to fund the department; good news that wastewater and stormwater are fixed revenue sources; whether it’s possible to take money from the wastewater fund and use it for water (staff confirmed it’s not); El Niño and La Niña weather; year over year changes due to weather; incremental water conservation and incremental fee increases; how to fund the enterprise in the future as operating costs increase; how to incentivize using less water; staff agreed with good points and will discuss with rate analyst; belief that per capita water usage won’t increase; dilemma of expenses going up and community water use going down. ii. Memo: Water Supply Requirements Next Steps Water Resources Division Manager Jen Dial answered Commissioners’ questions. Discussion Highlights Commissioners commented on or inquired about various related topics including timeline to present to Council (in one year, with staff outlining options and recommendations); staff considering different methods; fees will probably double; staff will present to Water Commission in March before first City Council Work Session on this topic, and will share more analysis and information at that time. iii. Financial Monthly Report (Meeting packet only; No presentation) Discussion Highlights Commissioners commented on or inquired about various related topics including water revenue; creative ways of buying excess water; preparation for stormwater downtown outfall projects; positioning for next phase of the Halligan Water Supply Project (downtown work is all in Capital Improvement Plan [CIP]); Senior Director of Integrated Water Operations Jeremy Woolf and Executive Director of Water Utilities Jason Graham are updating the CIP, which staff is sharing with Strategic Finance Director Lance Smith; nothing has changed in ability to fund those projects; Mr. Smith will present at a future meeting on the financial plan for each of the water, wastewater, and stormwater funds Halligan project is in the Capital Improvement Plan (CIP) with updated costs: DRAFT UNAPPROVED MINUTES WATER COMMISSION REGULAR MEETING 11/16/2023 – DRAFT Unapproved MINUTES Page 3 $40 million in bonds issued and approved by Council; project is out to bid and staff is reviewing proposals now; budget will be tough, there will be lessons learned; update in January to Council on the contract; staff understands Council is still supportive of the project. b. Regular Item i. Ordinance Authorizing Intergovernmental Agreement (IGA) Regarding Operation and Maintenance of Boxelder Creek Watershed Dams Ken Sampley, Director of Stormwater Engineering and Development Review Mr. Sampley showed maps and provided an overview of the history of the dams (which are owned by North Poudre Irrigation Company) and the City’s upcoming participation as one of five entities to sign the agreement regarding operation and maintenance of Boxelder Creek Watershed Dams (B-2, B-3, and B-4) a.k.a. “BCW Dams” or “B-Dams.” The dams – which vary in height up to about 40 feet high - serve as flood control facilities to reduce flood risks to downstream lands. They were originally rated “Low Hazard” because most downstream land was undeveloped. In 2013, the Colorado Dam Safety Division of the State Engineer’s Office reviewed the facilities and increased the hazard rating to “High” due to significant development over the past 40 years. As a result, B- Dams 2,3, and 4 do not meet safety and performance standards. Mr. Sampley became concerned and contacted Larimer County and other municipal entities. Water Commission recommended at its June 20, 2019 meeting that City Council adopt an agreement between the same Boxelder Creek Watershed B-Dams municipal stakeholders to develop an approach for construction of improvements and also for the operations and maintenance of the B-Dams. City Council adopted Resolution 2019-079 and executed the agreement in July 2019. The agreement allocates respective costs to fund the flood warning system as well as the operations and maintenance of the B-Dams. Costs are allocated on a percentage basis for impacted communities. Fort Collins’ share is 20.7%. City Council previously approved annual funding of $90,000 in 2023 and 2024, therefore no additional funding is needed until 2025-2026. A management committee will be established to implement the agreement and to provide technical and other recommendations. Each entity will DRAFT UNAPPROVED MINUTES WATER COMMISSION REGULAR MEETING 11/16/2023 – DRAFT Unapproved MINUTES Page 4 designate one representative, and the committee shall adopt bylaws to facilitate its conduct of business, meet at least annually, provide advice and recommendations to the parties; complete tasks delegated under the agreement; and shall operate by consensus. Discussion Highlights Commissioners commented on or inquired about various related topics including capital expenditures; the planned early warning system; whether NPIC irrigates out of these reservoirs; dams became “high hazard” but this doesn’t mean they’re jeopardized structures (Mr. Sampley confirmed this is true); water runs through the dams but is not stored, and the dams are designed to withstand large hydrologic events; Wellington has the most risk; Fort Collins and Larimer County have approximately equal risk, and Timnath has a slightly lower risk. Larimer County will serve as the fiscal manager as outlined in the agreement. Commissioner Bruxvoort moved that the Water Commission recommends City Council authorize the City Manager to enter into an agreement between the City of Fort Collins and numerous stakeholders regarding operation and maintenance of Boxelder creek watershed dams as proposed. Commissioner Primsky seconded the motion. Discussion on Motion: Fixed date in contract; no sunset date; reevaluation of portions every five years due to future development and county annexations to consider. Vote on the Motion: it passed unanimously, 6-0. 7. COMMISSIONER REPORTS A. Halligan Water Supply Site Tour Commissioners expressed appreciation for staff coordination of the Sept. 28 tour led by Project Manager Darren Parkin, and photos taken by Communications Specialist Honora Thompson. (continued on next page) DRAFT UNAPPROVED MINUTES WATER COMMISSION REGULAR MEETING 11/16/2023 – DRAFT Unapproved MINUTES Page 5 8. OTHER BUSINESS a. Approval of 2024 Work Plan Commissioner Tarry requested comments from Water Commissioners on the draft work plan. Commissioners agreed the draft looks good. Commissioner Kahn moved to approve the Water Commission’s 2024 Work Plan. Commissioner Eldridge seconded the motion. Vote on the Motion: it passed unanimously, 6-0. b. Boards & Commissions “Super Issues” Meeting The Dec. 4 meeting of boards and commissions members will feature staff presentations on Halligan Water Supply Project and the Water Efficiency Plan. Commissioners were encouraged to register via Engage https://engage.fcgov.com/ and attend. Discussion Highlights The event provides high-level project overviews geared toward all boards and commissions members. Commissioners Bishop, Eldridge, and Tarry expressed plans to attend. 9. ADJOURNMENT 6:26 p.m. These minutes will be approved by the Water Commission on Dec. 7, 2023. Water Reclamation and Biosolids Master Plan December 2023 Kelly Wasserbach, PE, PMP Project Manager – Capital Projects Water Reclamation and Biosolids Program 2 Water Reclamation and Biosolids • 3 Facilities • Last Master Plan was in 2017/2018. • Attempt to have a 5-year interval • Goal is to look to the future and prepare for future budgeting needs. • Decision-making processes will include a OneWater approach by including stakeholders outside the Water Reclamation and Biosolids Program where appropriate. Drake Water Reclamation Facility (DWRF) • Rated for 23 million gallons per day (MGD) • Only facility to have the following: • Septage receiving • Preliminary Treatment • Solids handling including digesters and centrifuges • MagPrex 3 Mulberry Water Reclamation Facility (MWRF)4 • Rated for 6 MGD • Does not have solids handling. • Most industrial waste is treated at MWRF. • Some residents not on Fort Collins Water Utilities Service discharge to MWRF. Meadow Springs Ranch (MSR)5 • City of Fort Collins produces approximately 2,355 metric dry tons of biosolids per year (more than 579 semi- truck loads). • 100% of Fort Collins Utilities biosolids are applied on the ranch. • Beneficial use of biosolids is innovative and a rare opportunity. Master Plan Scope Condition Assessment • Asset Management program in Maximo • Weighted criterion for condition scoring • Will evaluate each facility including • Structural • Mechanical • HVAC • E&IC • Attempt to evaluate anticipated vs. actual life span 6 7Master Plan Scope Current and Future State • Load and Flow Analysis • Regional Consolidation • Biosolids Treatment Alternatives Analysis • Levels of Service Metrics • LOS Identified, but how we get there is needed • Treatment Alternatives • Reg 31 • Mulberry 8Master Plan Scope Project Prioritization • High, medium, low priorities • Not dates for projects Innovation and Vision and Master Plan Integration • OneWater • DEI • Innovation • Stakeholder Engagement 9Schedule DateMeeting / Workshop November 2023Meadow Springs Ranch Site Visit December 2023Load and Flow Kickoff Workshop December 2023Level of Service Workshop Q1 2024Innovation and Vision Workshop – Jan Harrison Q1 2024Regulatory / Permitting Workshop Q2 2024Condition Assessment Draft Deliverable Workshop Q2 2024Treatment Alternatives Presentation Workshop Q4 2024Project Prioritization & Budget Final Deliverable Workshop 10Questions Headline Copy Goes Here Water Conservation Assistant Kelly Gordon Water Loss Audit 12/07/2023 Headline Copy Goes HereToday’s Agenda Water Loss Audit Overview Our Results Colorado Water Loss Initiative Next Steps 2 Headline Copy Goes Here 3 Who? Water Loss Audit Team Kelly Gordon Water Conservation Erik Monahan Supply Metering Haley Higgins Wes Watkinson Customer Metering Randy Reuscher Finance Michael Neale Water Resources Andrew Gingerich James Carder Water Field Operations Eric Lahman Chris Pletcher Amanda Proctor FCLWD Headline Copy Goes Here 4 What? American Water Works Association (AWWA) M36 Water Loss Audit Manual and Tools City of Fort Collins Water Utility Data Water Supplied • Volume from own sources • Water exported • Water imported Authorized Consumption • Billed metered • Unbilled unmetered System Data • Length of mains • Number of service connections • Average operating pressure • Average service line length Headline Copy Goes Here 5 When and How? Water Loss Audit data is gathered in the spring following the completed calendar year. Compiled in the AWWA Free Water Audit Software Validity Score Indicator of data quality Headline Copy Goes Here 6 Why? Volume from Own Sources – Horsetooth & Poudre River Water Imported - water that FCLWD treats at Soldier Canyon Filter Plant and is used in our system Water Exported – billed water exported to Fort Collins Loveland Water District (FCLWD) & North Weld County Water District Billed Metered – Authorized consumption that is delivered and billed to our customers Unbilled Unmetered – Authorized consumption for uses such as hydrant flushing, firefighting, City operations, park/street maintenance, etc. Headline Copy Goes Here 7 Why? Goal: is not to have zero leakage. Identify Economically Recoverable Water Losses Real Losses –physical escape of water (leaks) Apparent Losses –Inaccurate metering, billing and accounting errors, theft, etc. Headline Copy Goes Here 8 Why?Better Understand Distribution System One Water Project F561 Train 6 F551 Train 5 F541 Train 4 F531 Train 3 F569 Train 6 Distribution Channel Sludge F568 Train 6 Sedimentation Sludge F559 Train 5 Distribution Channel Sludge F558 Train 5 Sedimentation Sludge F801 Trains 1-4 Sludge Total F861 UV Wash water F863 Wash water Discharge F803 Sludge Decant Water WWR Ponds Sludge Ponds Filtration F692 South Wash Water Fi691 Filter Backwash Waste Fi141 Combined House Water F141 North House Water F142 South House Water Finishing F701 Clearwell Effluent Reservoirs (East & West) F702 Clearwell Bypass Treatment To Claymore Plant Production Fi901 F382 HT Pilot Sample F691 North Wash Water Fi383 Horsetooth Raw Horsetooth Pleasant Valley Poudre River F1121 Admin HVAC F1051 HVAC F321 Pleasant Valley Supply F331 Poudre River Supply Flow Blend F383 Combined Horsetooth Raw Water Loss Audit Team Kelly Gordon Water Conservation Erik Monahan Supply Metering Haley Higgins Wes Watkinson Customer Metering Randy Reuscher Finance Michael Neale Water Resources Andrew Gingerich James Carder Water Field Operations Eric Lahman Chris Pletcher Amanda Proctor FCLWD Headline Copy Goes Here 9 Why?Minimize System Losses and Inaccuracies Data Inaccuracies Meter Inaccuracies System Losses Understand + or - in Water Loss Headline Copy Goes Here 10 Why? Provide Accountability Recover Revenue Better Understand Distribution System One Water Project Understand + or - in Water Loss Minimize System Losses and Inaccuracies Help the Utility best manage our resource! Headline Copy Goes Here 11 Results Validity Score Water Loss Information How good is the data? How much water are we losing and where? Headline Copy Goes Here 12 Results •Typical range 45 - 55 •Higher than 70 is not common •Tier 2 (26-50) out of 5 validity scoring tiers Fort Collins Utilities Validity Score - 47 Validity Score Results are only as good as the data we put in. Indicator of Water Loss Audit data quality Headline Copy Goes Here 13 Results Water Loss/Connection/Day Fort Collins Utilities Unit Total Losses • 10.4 Gal/Connection/Day Unavoidable Real Losses • 21.9 Gal/Connection/Day National Scores • 20 – 100 Gal/Connection/Day 2022-10.4 gal/conn/day 2021- 23.3 gal/conn/day 2020- 20.83 gal/conn/day 2019- 20.22 gal/conn/day Headline Copy Goes Here 14 Results Infrastructure Leak Index • Ratio of the Current Annual Real Losses to the Unavoidable Annual Real Losses • Less than 1 is unrealistic • 1.0 – 3.0 is a realistic and ideal score ILIYear 0.32022 0.62021 0.642020 0.622019 Headline Copy Goes Here 15 Results Out of about 7 billion gallons distributed across our system in 2022… Non-Revenue Water (NRW) Breakdown Valuation$/YearMG/Year Customer Retail Unit Charge $349,65458.9Apparent Losses Variable Production Cost $9,28080.6Real Losses Variable Production Cost $2,01417.5Unbilled Authorized Blended$360,948157.0NRW Water Conservation estimated savings in 2022: 173.3 MG Headline Copy Goes Here 16 Colorado Water Loss Initiative (CWLI) •Free program provided by Colorado’s Department of Natural Resources, Colorado Water Conservation Board (CWCB) • Objective of the Colorado Water Plan: to support water management activities for all water providers Colorado’s Requirements Report score to state through 1051 Reporting Recent Senate Bill 23-213 mentions AWWA Water Loss Audit becoming required in 2025 Headline Copy Goes Here 17 Next Steps • Check and understand our data • Identify data validity score improvements • Identify water loss prevention Headline Copy Goes Here Questions? Thank you! Kelly Gordon, kgordon@fcgov.com 18 Headline Copy Goes Here 19 Recent Changes 2021 • More detailed validity scoring questions • Unbilled Unmetered Authorized Consumption default value decrease •Fire fighting, flushing of mains, street cleaning, etc. •Decreased default from 1.25% of water supplied volume to 0.25% • This decrease made our results more realistic •Decreased our total authorized consumption •Increased our water loss •More realistic comparison between Unavoidable Annual Real Losses and Current Annual Real Losses 2022 • Volume from Own Sources Water Supplied Error Adjustments from 0.5% to 7% over-registration based on test at water treatment facility •Decreased water supplied • Customer metering inaccuracies decreased from 1.34% to 0.34% under-registration •Decreased apparent losses Water Wastewater Stormwater $30,531,078 $29,195,105 Budget Actual Operating Revenues $24,988,578 $23,429,532 Budget Actual Operating Expenses $22,003,658 $22,516,625 Budget Actual Operating Revenues $14,891,122 $14,151,062 Budget Actual Operating Expenses $17,050,000 $18,961,772 Budget Actual Operating Revenues $9,111,342 $8,417,422 Budget Actual Operating Expenses Water Fund Revenue in thousands Percent of Year 91.7% November Year to Date Actual Over/ (Under)Budget Actual Over/ (Under) Inc/(Dec) % Bud Recvd % Act Recvd 2023 2023 Bud 2023 2023 2023 Bud 2022 2023 2022 Residential Water Sales $ 1,233 * $ 46 $ 16,731 $ 15,289 $ (1,442) (A)$ (1,150) 86% 87% Com/Indl Water Sales 764 * 59 9,156 8,832 (323) (B)(752) 90% 87% Excess Water Use Surcharge 209 * 126 404 829 425 (741) 132% 48% District Water Sales 197 * 9 1,883 2,130 248 (97) 105% 84% Other Water Sales 24 * 22 693 529 (165) (C)2 73% 96% PILOTs 132 7 1,664 1,586 (79) (113) 89% 88% Operating Revenue 2,558 269 30,531 29,195 (1,336) (2,850) 89% 85% Interest Revenue 183 87 1,053 1,708 655 864 162% 152% Development Fees/PIFs/Contributions 4 (109) 1,252 765 (487) (D)(250) 56% 43% Financing Sources 0 0 0 0 0 (3) 0% Other Misc 14 (8) 224 241 18 5 82% 63% Total Lapsing Revenue**2,759 240 33,060 31,910 (1,150)(2,233)90%85% Non-lapsing Revenue 0 0 0 TOTAL**$ 2,759 $ 31,910 $ (2,233) Variance Analysis: (A) (B) (C) (D) (E) (F) * ** Commercial/Industrial Water sales were 3.5% under budget and 7.8.% less than YTD 2022. November billed revenue is for October and early November. Excludes transfers and unrealized gain/loss on value. Plant Investment Fees $236 (recognized $449 from unearned revenue related to 2019 FCLWD loan prepayment), Water Rights ($90). Plant Investment Fees ($414) and Water Rights ($66). Irrigation Sales ($416) (water supply didn't yield as much due to fire impacts, so rented out less water) offset by Standpipe Sales $26. Due to a lack of requests for water rentals. Residential Water Sales were 8.6% under budget and 7.0% less than YTD 2022. Note: Water rate increase of 4.0% for 2023, as budgeted. Water Fund 2023 Department Expense In thousands `Percent of Year 91.7% Excludes depreciation and transfers November Year to Date Actual (Over)/ Under YTD Bdgt Actual (Over)/ Under (Inc)/Dec Actual + PO's Spent & Committed 2023 2023 Bud 2023 2023 2023 Bud 2022 2023 by PO's Water Treatment $ 399 $ 119 $ 6,509 $ 5,456 $ 1,052 (A)$ 68 $ 5,779 80% Water Resources 79 8 3,050 3,143 (93) (B)(624) $ 3,252 96% Water Quality Lab 100 (15) 1,072 1,027 45 (16) $ 1,081 87% Subtotal WR&T $ 577 $ 112 $ 10,630 $ 9,626 $ 1,004 $ (572) $ 10,111 85% Transmission & Distribution 492 (210) 3,136 3,382 (246) (C)(593) $ 3,382 92% Water Meters O&M 23 36 951 768 182 (78) $ 893 84% Engineering 32 36 938 523 415 (D)23 $ 578 54% Subtotal WEFS 547 (138) 5,025 4,673 352 (648) $ 4,853 83% Water Conservation 79 77 1,078 955 123 (138) $ 1,062 81% PILOTs 132 (7) 1,664 1,585 79 113 $ 1,585 89% Admin Services - CS&A 422 0 4,638 4,638 0 (629) $ 4,638 92% Other Payments & Transfers 150 (0) 1,952 1,952 1 17 $ 1,974 75% Subtotal Operating Expenses $ 1,906 $ 44 $ 24,989 $ 23,430 0 $ 1,559 $ (1,858) $ 24,224 85% Debt Service 0 0 0 0 0 0 $ 0 Minor Capital 24 66 1,870 673 1,197 (E)206 $ 1,533 71% Total Lapsing $ 1,929 $ 110 $ 26,858 $ 24,103 $ 2,756 $ (1,652) $ 25,756 84% Non-lapsing Expenses 724 10,279 (4,014) TOTAL $ 2,653 $ 34,382 $ (5,666) Variance Analysis: (A) (B) (C) (D) (E)Transmission & Distribution $143 (will be encumbering for F150 Lightning; tandem dump truck purchase delayed due to CNG dialogue and grant, under by YE); Water Treatment: Consulting $292 (new management hasn't seen need for this level of consulting, under ~$300 by YE), Construction Contracts $176 (difficulty and delays during transition to new purchasing policy, no work planned, under $150+ by YE), Other Capital Outlay $65 (under $50+ by YE), and Building Maint. $46 (anticipated expenses more appropriately charged elsewhere, under $50 by YE), Vehicles/Equipment $204 (waiting delivery of $50 Ford Lightning, under ~$200 by YE), and Filter Material $162 (not using as much due to filter rehab projects; $150-175 savings by YE). Consulting $311 ($239 due to Large Valve Maint being behind schedule (PM departure), under ~$250 by YE), Personnel $77 (vacancy), and Other Prof.& Tech. $16 (none needed, under $18 by YE). Contract Pymnt to Gov't $520 (Cameron Peak Fire - Watershed, under $520 by year-end (YE)), Chemicals $230 (cooler, rainier Spring, under ~15% by YE), Computer Hardware $53 (BFO Enh. 4.33, will lapse), Consulting $38 (one reservoir inspection remains, under ~$25+ by YE), Electricity $35 (lower demands, under ~$20+ by YE), Maint. Contracts $28 (saved ~$13 on UPS unit maint., HVAC maint. under negotiation), Construction Svcs $27 (under by year-end), Other Prof. & Tech. $26 (unneeded, under by YE), Dues & Subscriptions $22 (waiting on Water Research Foundation membership invoice, flat by YE), Electrical Parts $21 (unneeded, under by YE), Conference/Travel $16 (due to staff transitions, none planned, under by YE), Other Repair & Maint. $16 (fewer repairs needed than anticipated, under by YE), Solid Waste Svcs $15 (less solids hauled this year - hauled later in the year last year, under $15 at YE), Contractual Labor $14 (less solids needed to be hauled = in-house this year; under by YE), Health & Safety Supplies $13 (less need than anticipated, under by YE), Project Management Svcs $11, and Paint $11 (backlog of needs, hourly hired to help but only part of year), offset by Water Assessments ($53) (payments to Pleasant Valley pipeline higher than what was budgeted for and paid later than usual due to manager transition; over $53 by YE and will offset in chemicals), Parking Lot Maint. ($31) (unbudgeted repair, will offset in Const Svcs & Other Repair/Maint.), Natural Gas ($24) (extended cold weather last winter and larger than expected price increase, over budget for the year; will offset in Electricity & Chemicals), Personnel ($24) (Termination pay ($26) Standby Pay ($17), Overtime ($18) offset by filling positions at lower steps and vacancies, over by YE), Software Maint. ($20) (prepaid software agreements for two years in ICE, will be over if not put on balance sheet), and Security Svcs ($15) (unexpected issues related to access control and a termination, over ~$15 by YE). Street & Bridge Maint. ($236) and Traffic Control ($10) (increased costs for asphalt patching (up 30%) and concrete repairs from Streets (Streets labor up 8-10%, equipment costs up, etc.): 49% of $/l.f. of pipe attributable to Street & Bridge & Traffic Control for replacement work, over budget $200+ by YE), Sand & Gravel ($24) (aggregate prices inflating, over by $30-40 by YE), Water Pipe ($18) (looking into), Vehicle Repairs ($12) (excavator track replacement expensive, Vac truck needed unforeseen repairs; no known major vehicle repairs needed, ~$10 over by YE), Copy & Reproduction ($16), Postage & Freight ($10) (customer letters for backflow violation, over $26 by YE), Tools & Related Supplies ($13) (annual restocking and replacement and increased prices; over $5 by YE), Meals - Business, Non Travel ($10), and Conference & Travel ($10), offset by Personnel $28 (vacancies, offset by $57 overage in Hourlies to balance workload and standby, and $19 overage in OT, under by YE), Other Prof. & Tech. $21 (used as needed, nothing planned, under $24 by YE), Solid Waste Services $18 (dirt hauling = less, under ~$25 by YE), Motor Fuel, Oil, and Grease $19 (conservative budget by Ops Svc, under ~$18-20 by YE), and Education & Training $14 (in-house training instead of sending out, under $10 by YE). BU over budget by YE. Water Assessments ($95) (vary, under ~$28 by YE), Contractual Labor ($99) (kept on retiree and backfilled, over ~$100 by YE), and Personnel ($66) (($37) Assumed Vacancy Factor (no vacancies) and allocation out error - net impact ~($25) budget, over ~$66 by YE), offset by Consulting $144 (turnover delayed water supply modeling & lower cost vendor, under ~$150 by YE), Other Professional & Tech. $15 (none expected), and Other Repair & Maint. $11 (not expecting any); overall BU will be close to budget by YE. Wastewater Fund Revenue in thousands Percent of Year 91.7% November Year to Date Actual Over/ (Under)Budget Actual Over/ (Under) Inc/(Dec) % Bud Recvd % Act Recvd 2023 2023 Bud 2023 2023 2023 Bud 2022 2023 2022 Residential WW Sales $ 1,376 * $ 14 $ 14,985 $ 15,096 $ 110 (A)$ 541 92% 96% Com/Indl WW Sales 487 * 29 5,219 5,413 194 (B)(155) 96% 91% District WW Sales 36 * 2 376 391 15 17 95% 96% Other WW Sales 46 * 27 190 362 172 (C)62 181% 110% PILOTs 114 3 1,233 1,254 21 24 94% 94% Operating Revenue 2,058 76 22,004 22,517 513 490 94% 94% Interest Revenue 110 68 555 980 425 533 176% 166% Development Fees/PIFs/Contributions 1 (72) 811 644 (168) (D)(475) 73% 36% Financing Sources 0 0 0 0 0 (4) Other Misc 13 13 79 111 31 (19) 92% 75% Total Lapsing Revenue**2,182 84 23,449 24,251 802 525 95%92% Non-lapsing Revenue 0 0 0 TOTAL**$ 2,182 $ 24,251 $ 525 Variance Analysis: (A) (B) (C) (D) (E)Bad Debt Recovery $23, Lab Services $16, and House Rental $12, offset by Ranch Income ($35). * ** Plant Investment Fees $0. November billed revenue is for October and early November. Note: Wastewater rate increase of 4.0% for 2023, as budgeted. Residential sales were 0.7% over budget and 3.7% more than YTD 2022. Septage Treatment Charge $46. Commercial/Industrial sales were 3.7% over budget and 2.8% less than YTD 2022. Excludes transfers and unrealized gain/loss on value. Wastewater Fund 2023 Department Expense In thousands Percent of Year 91.7% Excludes depreciation and transfers November Year to Date Actual (Over)/ Under YTD Bdgt Actual (Over)/ Under YTD (Inc)/Dec Actual + PO's % Bud Spent & Committed 2023 2023 Bud 2023 2023 2023 Bud 2022 2023 by PO's Water Reclamation & Biosolids $ 565 $ 7 $ 5,943 $ 5,622 $ 321 (A)$ (422) $ 5,927 85% Pollution Control Lab 82 10 1,110 1,031 79 (15) 1,114 85% Subtotal WR&T 647 17 7,053 6,653 400 (436) 7,040 85% Trunk & Collection 159 (0) 1,676 1,544 133 (45) 1,567 79% Engineering 37 5 643 415 228 (B)195 584 79% Subtotal WEFS 196 5 2,319 1,958 360 150 2,151 79% PILOTs 114 (3) 1,233 1,254 (21) (24) 1,254 94% Admin Services - CS&A 247 (0) 2,718 2,718 (0) (364) 2,718 92% Other Payments & Transfers 122 0 1,568 1,567 1 (157) 1,578 70% Subtotal Operating Expenses $ 1,326 $ 19 $ 14,891 $ 14,151 $ 740 $ (831) $ 14,742 84% Debt Service 2,040 0 2,265 2,265 0 $ (2,005) 2,265 100% Minor Capital 0 16 1,391 911 481 (C)$ (45) 1,143 74% Total Lapsing $ 3,366 $ 35 $ 18,547 $ 17,326 $ 1,221 $ (2,882) $ 18,150 56% Non-lapsing Expenses 401 4,125 46 TOTAL $ 3,767 $ 21,451 $ (2,835) -$ 0 Variance Analysis: (A) (B) (C) Personnel $244 (Vacancies), Consulting $186 and Other Professional & Technical $30 (Vendor availability and revised purchasing guidelines, expecting to spend this year), Computer Hardware - Capital $77 (MDT Autosave Software (BFO Enhancement 4.33: unlikely to be completed this year), Dues & Subscriptions $27 (Haven't gotten some membership renewals, yet. Starting to see invoices), Land Maintenance Services $22 (Awaiting invoices), Plumbing and Irrigation Supplies $17 (Wet weather has limited sprinkler audit and need. Will spend this year). Offset by Chemical Supplies ($170) (Spend on chemicals that do not have a budget. Needed for treatment and meeting regulatory permit requirements. Chemical pricing has been affected by market conditions and supply chain. Reviewing cost savings in other operations items to offset), Electricity ($85) (Equipment needs to be replaced to meet process needs and be energy efficient with blowers at MWRF, awaiting decision on MWRF. MWRF has increased flow due to construction at DWRF and NPT Final Clarifier project. Roughly estimated to be over budget ~$100K YE), Legal Services ($50) (Increased legal services needed for the Lazy D Water Rights case. Expecting an appeal that will increase spend), Natural Gas ($20) (Boilers were serviced, fall and winter temps will determine year end spend), Motor Fuel, Oil & Grease ($20) (Increased truck trips due to dewatering frequency, equipment maintenance) Consulting $181 ($133 related to DWRF Utility Mapping - calendarized first 1/2 of year. Project should still be completed this year), Personnel $27 (Vacancies and PM’s time being billed to projects), Other Professional & Technical $21. Offset by Construction Services ($24) (Savings expected to come from Consulting Services to offset). Trunk & Collection $125 (Expected to be spent on the purchase of a crew truck later this year.), Water Reclamation & Biosolids: Motor Vehicles $162 (Outstanding PO. Will be completed by end of year), Plant & Garage Equipment $132 ($55 outstanding PO, $53 invoice unexpectedly accrued to 2022. Plan to use by year end), Security Equipment $20 (Outstanding PO for FOB equipment), Other Equipment $15 (Used as needed, Will spend by year end), ICE Wastewater Minor Capital $23 (Evaluating remaining needs for computer hardware for remainder of year). Stormwater Fund Revenue in thousands Percent of Year 91.7% November Year to Date Actual Over/ (Under)Budget Actual Over/ (Under) Inc/(Dec) % Bud Recvd % Act Recvd 2023 2023 Bud 2023 2023 2023 Bud 2022 2023 2022 Single Family Residential SW Services $ 710 * $ 10 $ 7,700 $ 7,786 $ 86 (A)$ 301 93% 96% Non-single Family SW Services 866 * 16 9,350 9,489 139 (B)325 93% 96% Operating Revenue 1,576 26 17,050 17,275 225 627 93% 96% Interest Revenue 168 135 357 804 447 491 225% 191% Development Fees/PIFs/Contributions 57 (16) 802 819 17 (C)137 94% 98% Financing Sources 0 0 0 0 0 (10) Other Misc 34 33 14 64 50 (D)25 425% 154% Total Lapsing Revenue**1,835 178 18,223 18,962 739 1,269 96%98% Non-lapsing Revenue 0 0 0 TOTAL**$ 1,835 $ 18,962 $ 1,269 Variance Analysis: Note: Stormwater rate increase of 3.0% for 2023, as budgeted. (A) (B) (C) (D) * ** November billed revenue is for October and early November. Auction Sales $37, Flood Plain Permits $4 and Bad Debt Recovery $5. Development Review $14 and Erosion Control $52, offset by Stormwater Development Fee ($50). Non-Single Family fees are 1.5% greater than 2022. Single Family Residential fees are 1.1% greater than 2022. Excludes transfers and unrealized gain/loss on value. Stormwater Fund 2023 Department Expense In thousands Percent of Year 91.7% Excludes depreciation and transfers November Year to Date Actual (Over)/ Under Budget Actual (Over)/ Under (Inc)/Dec Actual + PO's % Bud Spent & Committed 2023 2023 Bud 2023 2023 2023 Bud 2022 2023 by PO's Drainage and Detention $ 240 $ (51) $ 2,321 $ 2,164 $ 156 (A)$ (181) $ 2,230 85% Engineering 118 27 1,845 1,393 451 (B)(164) 1,474 69% Stormwater Quality Programs 123 (76) 467 468 (1) (128) 521 77% Admin Services - CS&A 296 23 3,488 3,254 234 (C)(452) 3,254 92% Other Payments & Transfers 14 65 990 1,137 (147) (D)(238) 1,148 56% Subtotal Operating Expenses $ 791 $ (12) $ 9,111 $ 8,417 $ 694 $ (1,163) $ 8,627 78% Debt Service 218 (218) 0 218 (218) (E)(218) 218 #DIV/0! Minor Capital 0 0 1,065 231 834 (F)591 1,080 101% Total Lapsing $ 1,009 $ (230) $ 10,176 $ 8,866 $ 1,310 $ (789) $ 9,925 82% Non-lapsing Expenses 231 3,995 (641) TOTAL $ 1,240 $ 12,862 $ (1,431) Variance Analysis: (A) (B) (C) (D) (E) (F) Personnel $82 (fully staffed as of 12/5/23, expect to be under budget $50 at YE), Mowing $48 (final invoice in process, expect to be under budget $8 at YE), Street & Bridge Maintenance $22 (delay in invoice processing), Solid Waste $37 (expect to be under budget $45 by YE),and Vehicle Repair $20 (reactionary, expect to be under budget $30 at YE), offset by Education & Training (($19) opportunities for training in NASSCO and Leadership, expect to be over budget ($10) at YE), Maintenance Contracts (($48), expect to be overbudget ($50) at YE), and Land Maintenance ($25) and Tools ($34)(both reactionary and expected to be over budget at YE) . Overall expect to be on budget by YE. Vehicles $94 (awaiting delivery of CNG vehicle, expected by YE) and Heavy Equipment $740 (expect delivery Q3 2024). Debt Service (JE to put in correct BU in December). Personnel $218 (vacancies - 2 filled in Spring and 2 remaining), and Consulting $205 (Hill Pond study is proceeding, outside services contracts double-budgeted by PO Carryforward). Debt Service (($154) JE to put in correct BU in December, Legal Services $6 (expenses related to OASIS/Open International lawsuit). Budget calendarized using 3 year average while actual transfers will be even. Will match by YE 1 December 7, 2023 Water Commission Regular Meeting Agreement Regarding the Upper Poudre Watershed Source Water Protection Plan Richard Thorp, Watershed Program Manager Water Quality Services Division City of Fort Collins Utilities 2 Seeking Recommendation Seeking a recommendation from Water Commission that City Council formally approve of Utilities’ Watershed Program entering into the Agreement Regarding the Upper Poudre Watershed Source Water Protection Plan 3 Fort Collins’ Source Watersheds Cache la Poudre River Horsetooth Reservoir 4 Monitoring and protecting the City’s source water supplies and the health of the Cache la Poudre Watershed Watershed Program Guidance for watershed protection 5 Fort Collins’ Source Water Protection Plan Priority RankingPotential Contaminant Source or Issue of Concern HighForest Health: Wildfires HighAlgal Blooms ModerateFlooding ModerateState Highways ModerateCounty & Forest Roads ModerateSeptic Systems LowForest Health: Insect Mortality /Disease LowRecreation LowGrazing/Agriculture LowStorage Tanks LowWater Wells Cameron Peak Wildfire 6 A Collaborative Planning Approach Concrete truck accident/spill Watershed Protection Challenges • Size of source watersheds • Land ownership • Scale, complexity & cost of projects Collaborative Partners: • City of Fort Collins • City of Greeley • City of Thornton • Northern Water Conservancy District • Soldier Canyon Water Treatment Authority Advantages: • Will foster better communication • Delineate areas of overlap between source watersheds • Increase alignment regarding threats, priorities and best practices • Will link to current and future projects and programs • Lead to more cost-share collaboration • Will serve as a regional template 7 Benefits of Working Together Algae bloom 8 Strategic Alignment and Budget STRATEGIC ALIGNMENT Environmental Health • 4.4 Provide a resilient, reliable, and high-quality water supply. • 4.6 Sustain and improve the health of the Cache la Poudre River and its watershed BUDGET - $150K • Colorado Dept of Public Health and Environment (SWAP Grant) - $50K • Colorado Water Conservation Board (Water Plan Grant) - $50K • Collaborative partners’ match ($10,000 each) - $50K Progress to-date: • Project Team formed • Developed scope of work • Identified funding mechanisms • Hiring consultant to facilitate • Intergovernmental agreement for plan development • Project kick-off in Q3 of 2024 9 Project Update Post-fire hillslope mulching 10 Suggested Motion ‘I move that the Water Commission recommend City Council formally approve of Utilities’ Watershed Program entering into the Agreement Regarding the Upper Poudre Watershed Source Water Protection Plan’ Thank you! Upper Cache la Poudre River Richard Thorp Watershed Program Manager 970-416-4327 rthorp@fcgov.com fcgov.com/source-water-monitoring Riverbend Ponds Jared Heath Page 1 of 13 AGREEMENT REGARDING THE UPPER POUDRE WATERSHED SOURCE WATER PROTECTION PLAN (Phase 1 – Plan Development) This Agreement (“Agreement”) is entered into by and between the following Parties, which are listed in no particular order: • Northern Colorado Water Conservancy District, a quasi-municipal entity and political subdivision of the State of Colorado (“Northern Water”); • City of Fort Collins, a municipal corporation (“Fort Collins”); • City of Greeley, a municipal corporation (“Greeley”); • City of Thornton, a municipal corporation (“Thornton”); and • Soldier Canyon Water Treatment Authority, a political subdivision of the state of Colorado (“Soldier Canyon”). RECITALS A. The Cache la Poudre Watershed (“Poudre Watershed”) headwaters begin within the Arapaho-Roosevelt National Forest and drains through Fort Collins and urban areas of the Front Range until its confluence with the South Platte River, east of Greeley. The Poudre Watershed is a valuable asset to local municipalities, agriculture, and recreational stakeholders due to, among other reasons, the large geographic area of the watershed, prominence through urban areas, and high-quality drinking water supply. B. The upper portions of the Poudre Watershed are those portions above the canyon mouth (“Upper Poudre Watershed”). The Upper Poudre Watershed are and have historically been a principal source of raw water for Fort Collins, Greeley, and Soldier Canyon. Northern Water and Thornton also rely on the Upper Poudre Watershed to meet future demand. C. Water quality in the Upper Poudre Watershed faces various challenges, including0F 1 risks from wildfires and climate change. Protecting water quality within the Poudre Watershed is a high priority for the Parties to, among other things, ensure all current and future water demands are met, and to continue providing communities with reliable, safe, and high-quality drinking water. D. The State of Colorado has a Source Water Assessment and Protection Program, which is a voluntary, non-regulatory program intended to assist water utilities with conducting assessments and developing targeted Source Water Protection Plans for water quality. Related to the State’s program, the Parties are pursuing a Source Water Protection Plan for the Upper Poudre Watershed (“Plan”). E. The Parties’ efforts comprise two general phases: Phase 1 – Plan Development Phase 2 – Plan Implementation 1 In this Agreement, “include” signifies a list that is not necessarily exhaustive. E.g., Lyman v. Town of Bow Mar, 188 Colo. 216, 222, 533 P.2d 1129, 1133 (1975). Page 2 of 13 This Agreement concerns Phase 1. The Parties anticipate that a separate agreement may be desirable for Phase 2. F. The purpose of this Agreement is to coordinate the Parties’ joint efforts related to developing the Plan, including funding a consultant to assist with the development of the Plan. G. As governmental entities, the Parties are authorized to enter into the following intergovernmental agreement pursuant to C.R.S. §29-1-203. AGREEMENT 1. Incorporation of Recitals. The foregoing recitals are hereby incorporated as if fully restated in their entirety. 2. Meetings and Schedule. 2.1. Meetings. The Parties will meet at least quarterly at an agreed upon time and place. Each Party will designate at least one representative who will attend the meetings, either in person or by teleconference when available. Should the representative(s) be changed, a Party shall provide fourteen (14) calendar days written notice of the change to the other Parties. Party representatives will, when possible, be staff members and not members of the governing body of a Party. Persons associated with the Parties other than the representative may attend the meetings upon invitation by the appropriate Party. 2.2. Schedule. The Parties currently intend to follow the schedule set forth in the Scope of Work, attached as Exhibit A. The Parties may modify the schedule of tasks as appropriate to effectuate the purposes of this Agreement. 2.3. Consensus Decision-making. The Parties shall operate by consensus in making decisions for the purposes of this Agreement. To this end, the Parties shall make a good faith effort to reach consensus, propose alternative solutions, and otherwise work to resolve any issues that prevent consensus. 3. Funding. The Parties intend to budget $150,000 for the retention of a consultant to assist with the development of the Plan. 3.1. Party Contributions and CDPHE Grants. On or before April 1st, 2024, each of the five Parties will contribute $20,000 to Northern Water for the purposes of this Agreement. The Parties will seek grants from the State of Colorado Department of Public Health and Environment (“CDPHE”) for funds to comprise a portion of these contributions. The CDPHE grants will be attributed equally to the five Parties. The CDPHE grants are currently anticipated to total $50,000 (i.e., half of the sum total of $100,000 of contributions from the Parties), with a pro rata $10,000 attributed to each of the Parties. The Parties may, in writing, extend the deadline included in this paragraph. Page 3 of 13 3.2. CWCB Grant. The Parties will seek a grant from the Colorado Water Conservation Board (“CWCB”) for the remaining $50,000 of the budgeted amount, which would be held by Northern Water. If such a grant is not acquired on or before April 1st, 2024, each of the Parties will contribute an additional $6,000, unless the Parties identify another source of funding or agree that the Plan can be completed without the funds contemplated in this paragraph. The Parties may, in writing, extend the deadline included in this subparagraph. 4. Northern Water’s Role. 4.1. Funds. Northern Water will hold the budgeted funds described in Paragraph 3 for purposes of this Agreement. If there are any unused funds, they will be returned to the Parties in equal amounts, or may be retained by Northern Water for Phase 2 pursuant to an amendment to this Agreement or subsequent agreement regarding such funds. 4.2. Consultant. Northern Water will retain the consultant to assist with the development of the Plan. The Parties will jointly select which consultant will be retained and manage the same, pursuant to Paragraph 2.3. The Parties acknowledge Northern Water will contract with and have sole responsibility for directing the selected consultant, consistent with the determination of the Parties pursuant to Paragraph 2.3 and the objectives of this Agreement. 4.3. Sharing Consultant Work Product. Northern Water will provide to the other Parties copies of all reports, data, drawings, computer programs, or other reproducible, tangible things developed by the consultant in connection with this Agreement (“Consultant Work Product”). Each Party will be entitled to review and provide feedback on the Consultant Work Product, which Northern Water will communicate to the consultant. Northern Water will obtain the consultant’s agreement for each Party to use Consultant Work Product for purposes connected to this Agreement. 5. Term, Withdrawal, and Termination. 5.1. Term and Termination. This Agreement will be in effect on the last date it is signed by the Parties until: (1) September 30, 2025; (2) Northern Water withdraws; (3) all but one of the parties withdraws; (4) the Parties otherwise agree in writing to terminate this Agreement; or (5) Phase 1 is completed. 5.2. Withdrawal. Any Party may withdraw from this Agreement by providing written notice to the other Parties. Any Party may also withdraw from this Agreement for failure to appropriate funds pursuant to Paragraph 5. Withdrawal from this Agreement shall not: entitle the withdrawing Party to reimbursement for previously contributed funds; or relieve the withdrawing Party from any obligations resulting from the Party’s previous Page 4 of 13 participation, including responsibilities for costs, and shall not waive the withdrawing Party’s right to the receipt of documents resulting from the Party’s previous participation. 6. Claimed Confidential Information. 6.1. CORA. The Parties acknowledge that the majority of documents and communications created under this Agreement will be subject to the Colorado Open Records Act, C.R.S. §§24-72-101 et seq. (“CORA”). 6.2. Confidential Information Procedures. If a Party (“Providing Party”) desires to provide documents or information to the other Parties (“Receiving Parties”) that the Providing Party claims to be confidential (“Confidential Information”), the Providing Party may invoke the terms and conditions of this Paragraph 6.2. 6.2.1. If the Providing Party intends to claim that certain information is confidential under this Paragraph 6.2 and desires to have the Receiving Parties take certain precautions under this Agreement with such claimed Confidential Information, then within three calendar days of when the Providing Party provides the claimed Confidential Information to the Receiving Parties, the Providing Party shall provide written notice to the Receiving Parties containing the following: (i) an identification of each piece of information that is claimed to be Confidential Information; (ii) for each piece of such information, an identification of the documents, files, or other forms of communication provided to the Receiving Parties in which the claimed Confidential Information is located; and (iii) for each piece of such information, a brief statement identifying the basis for which the Providing Party may claim the information to be confidential. 6.2.2. With respect to the claimed Confidential Information identified pursuant to Paragraph 6.2.1, the Receiving Parties hereby agree: (i) to hold the claimed Confidential Information in confidence and to take all reasonable precautions to protect such Confidential Information from inadvertent or accidental disclosure; and (ii) to not disclose any such claimed Confidential Information to any third person, except pursuant to Paragraph 6.2.4. In the normal course of business, the Receiving Parties may also dispose of any documents containing claimed Confidential Information. 6.2.3. The obligations of the Receiving Parties with respect to claimed Confidential Information under this Paragraph 6.2 shall not apply to: (i) Claimed Confidential Information beginning six months after the termination of this Agreement pursuant to Paragraph 5.1; Page 5 of 13 (ii) Claimed Confidential Information that the Receiving Party can document: (A) is or has become (through no improper action or inaction by the Receiving Party or any affiliate, agent, consultant or employee) generally available to the public; (B) was in its possession prior to receipt from the Providing Party under Paragraph 6.2.1, except to the extent that such information was unlawfully appropriated by the Receiving Party; (C) was independently developed by the Receiving Party without use of any claimed Confidential Information of the Providing Party under Paragraph 6.2.1; or (D) was disclosed pursuant to the requirements of law, subject to Paragraph 6.2.4. 6.2.4. Nothing herein shall affect the obligations of a Receiving Party to either make disclosures or preserve the confidentiality of claimed Confidential Information to the extent required by law or court order, including, but not limited to, requirements under the Colorado Open Records Act, CRS §24-72-201 et seq., and other Colorado and federal statutes, court rules, and administrative rules and regulations. If a Receiving Party receives a request under law for the Providing Party’s claimed Confidential Information, or if a Receiving Party would otherwise be required to disclose the Providing Party’s claimed Confidential Information pursuant to law, the Receiving Party shall notify the Providing Party as soon as practicable of the request or pending disclosure, and in such event, upon the request of the Receiving Party, the Providing Party may take such timely action as may be required to obtain a declaratory judgment as to the confidential status of the Confidential Information, and, if the Providing Party elects not to do so, then the Receiving Party’s obligation to preserve that Confidential Information shall have been waived hereunder, except as otherwise provided by law. 6.2.5. The Providing Party shall have the right to require the return and destruction of claimed Confidential Information in the possession of a Receiving Party as set forth in this paragraph. Such right shall exist from the effective date of this Agreement through six months after the date of termination of this Agreement pursuant to Paragraph 5.1 If claimed Confidential Information has been copied or transcribed into another document, such documents will be destroyed, erased, or modified to remove the claimed Confidential Information. 7. Fiscal Contingency. Notwithstanding any other provisions of this Agreement to the contrary, the obligations of the Parties in fiscal years after the initial fiscal year of this Agreement shall be subject to appropriation of funds sufficient and intended therefor, with the Party having the sole discretion to determine whether the subject funds are sufficient and intended for use under this Agreement. The failure of a Party to appropriate such funds shall be grounds for termination of this Agreement as to such Party upon written notice pursuant to Paragraph 11. Page 6 of 13 8. No Third-Party Beneficiaries. This Agreement is entered into between the Parties for the purposes set forth herein. It is the intent of the Parties that they are the only beneficiaries of this Agreement and that the Parties are benefitted only to the extent provided under the express terms and conditions of this Agreement. 9. Governing Law and Enforceability. This Agreement shall be construed in accordance with the laws of the State of Colorado. The Parties recognize that the constitutions, statutes, and rules and regulations of the State of Colorado and of the United States, as well as the Parties’ respective bylaws, city charters and codes, and rules and regulations, impose certain legal constraints on each Party and that the Parties intend to carry out the terms and conditions of this Agreement subject to those constraints. Whenever possible, each provision of this Agreement shall be interpreted in such a manner so as to be effective and valid under applicable law. 10. Waiver. A waiver of a breach of any of the provisions of this Agreement shall not constitute a waiver of any subsequent breach of the same or another provision of this Agreement. Nothing in this Agreement shall be construed as any waiver of governmental immunity of the Parties who are governments or any other governmental provisions of State law. Specifically, by entering into this Agreement, no Party waives the monetary limitations on liability or any other rights, immunities, or protections provided by the Colorado Government Immunity Act, C.R.S. § 24-10-101, et seq., or any successor or similar statutes of the State of Colorado. 11. Notices. All notices or other communications hereunder shall be sufficiently given and shall be deemed given (i) when personally delivered; (ii) on the date and at the time of delivery or refusal of acceptance of delivery if delivered or attempted to be delivered by an overnight courier service to the party to whom notice is given at the address specified below; (iii) on the date and at the time shown on the electronic mail if sent by electronic transmission at the email addresses set forth below and receipt of such electronic mail is acknowledged by the intended recipient thereof; or (iv) after the lapse of five business days following mailing by certified mail-return receipt requested, postage prepaid, addressed as follows: To Fort Collins: City Manager City Hall West 300 LaPorte Avenue; P.O. Box 580 Fort Collins, Colorado 80522-0580 With copy to: Fort Collins City Attorney 300 LaPorte Avenue; P.O. Box 580 Fort Collins, Colorado 80522-0580 epotyondy@fcgov.com and: Fort Collins Utilities Attn: Sr. Director of Water Planning and Sciences 4316 LaPorte Ave. Fort Collins, Colorado 80521 Page 7 of 13 To Northern Water: Northern Colorado Water Conservancy District Attn: Kimberly Mihelich 220 Water Avenue Berthoud, CO 80513 With copy to: Northern Water Counsel Trout Raley 1120 Lincoln Street, Suite 1600 Denver, CO 80203 To Greeley: City of Greeley Attn: Director of Water & Sewer 1001 11th Ave, 2nd Floor, Greeley, Colorado 80631 With a copy to: City Attorney 1100 10th Street, Suite 401 Greeley, Colorado 80631 Jerrae.Swanson@greeleygov.com To Thornton: City Manager 9500 Civic Center Dr Thornton CO, 80029 With a copy to: City of Thornton Senior Assistant Attorney Water 9500 Civic Center Dr Thornton CO, 80029 Kara.Godbehere@ThorntonCO.gov To Soldier Canyon: Soldier Canyon Water Treatment Authority Attn: Authority Manager 4424 LaPorte Ave Fort Collins, CO 80521 Telephone: (970) 482-3143 mkempton@soldiercanyon.com 12. Construction. This Agreement shall be construed according to its fair meaning as it was prepared by the Parties. Headings in this Agreement are for convenience and reference only and shall in no way define, limit, or prescribe the scope or intent of any provision of this Agreement. 13. Representations. Each Party represents to the other parties that it has the power and authority to enter into this Agreement and the individual signing below on behalf of that Party has the authority to execute this Agreement on its behalf and legally bind that Party. Page 8 of 13 14. Assignment. No Party may assign any rights or delegate any duties under this Agreement without the written consent of all other Parties. 15. Severability. If any provision of this Agreement shall prove to be illegal, invalid, unenforceable or impossible of performance, the remainder of this Agreement shall remain in full force and effect. [Remainder of Page Left Blank Intentionally] Page 9 of 13 NORTHERN COLORADO WATER CONSERVANCY DISTRICT, a quasi-municipal entity and political subdivision of the State of Colorado By: Date: Page 10 of 13 CITY OF FORT COLLINS, a municipal corporation By: Date: Kelly DiMartino, City Manager ATTEST: By: City Clerk APPROVED AS TO FORM: By: City Attorney’s Office Page 11 of 13 CITY OF GREELEY, a municipal corporation APPROVED AS TO SUBSTANCE: By:_________________________________ Date:_____________________________ City Manager AVAILABILITY OF FUNDS: By:_________________________________ Date:_____________________________ Director of Finance APPROVED AS TO LEGAL FORM By:_________________________________ Date:_____________________________ City Attorney’s Office Page 12 of 13 CITY OF THORNTON, a Colorado home-rule municipal corporation By: Date: Kevin Woods, City Manager ATTEST: By: City Clerk APPROVED AS TO FORM: Temi Yellico, City Attorney By: Senior Assistant City Attorney - Water Page 13 of 13 SOLDIER CANYON WATER TREATMENT AUTHORITY, a political subdivision of the state of Colorado By: Date: