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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 06/02/2015 - FIRST READING OF ORDINANCE NO. 071, 2015, AUTHORIZAgenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY June 2, 2015 City Council THIS ITEM HAS BEEN WITHDRAWN AND MOVED TO JULY 7, 2015 STAFF Jon Haukaas, Water Engr Field Operations Mgr Ken Sampley, Stormwater/Floodplain Program Mgr SUBJECT First Reading of Ordinance No. 071, 2015, Authorizing the Mayor to Execute an Intergovernmental Agreement with the Board of Governors of Colorado State University establishing a Stormwater Utility Service Agreement. EXECUTIVE SUMMARY The purpose of this item is to approve an intergovernmental agreement to establish a Stormwater Utility Service Agreement between the City of Fort Collins Utilities and Colorado State University (CSU). Under this IGA, CSU will agree to follow the standards, requirements, and conditions related to stormwater management set forth in Chapter 26 of the City Code. The IGA establishes a baseline of impervious area above which an additional Plant Investment Fee would be required for an increase of impervious surface. Finally, CSU will be required to pay monthly Stormwater Utility Fees adjusted by a rate formula that reflects the benefits to the City system by the additional detention provided on the CSU campus and the costs associated with the operation of CSU’s own Municipal Separate Storm Sewer System (MS4). STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Fort Collins Utilities provides stormwater utility services through the operation of an extensive system of collection, detention and conveyance facilities throughout the city. Over time, the City and CSU have been unable to reach agreement regarding the extent to which CSU is obligated to pay City fees related to the Stormwater System. The original annexation of the CSU main campus areas included a provision that made that property exempt from the requirements of City Code. In 1981, the City established a Stormwater Enterprise to meet federal regulations for stormwater management. As the requirements and fees for this service-based enterprise are part of Chapter 26 of the City Code, it subsequently created a conflict with the original annexation ordinances. The other service-based enterprises for water, wastewater, and electric service are also part of our City Code, but CSU has not disputed its obligations in regard to these enterprises. In recent negotiations, CSU has generally not disputed that a stormwater service fee is appropriate; its primary concern has been in regards to the methods for calculating that fee. The City and CSU have negotiated in good faith to develop a mutually acceptable basis for establishing and determining the stormwater fees related to the CSU Main, South, and West Campus areas. There are three primary objectives of the IGA: (1) The standards and requirements of stormwater management, (2) the calculation of impervious area used for Stormwater Plant Investment Fee determination, Agenda Item 15 Item # 15 Page 2 and (3) the payment of monthly stormwater fees for the operation of the Utility. CSU generally follows the same requirements as those imposed by the City of Fort Collins. This IGA ensures both parties continue to be aligned as CSU embarks on aggressive redevelopment on its campuses. In addition, the IGA allows for the use of mutually agreed upon site specific best management practices that may not yet be recognized by the City Utility guidance manuals. The IGA establishes the existing impervious area of each campus, generally described as Main, South, and West Campuses as shown in Attachment 1 (this is also Exhibit A in the IGA). There are known Master Planned redevelopments that are scheduled to be built over the next five years. These improvements are included in the allocation of impervious area for each campus. In the future, any additional development will be required to pay additional Stormwater Plant Investment Fees to reflect the impact on the City’s stormwater system. In effect, this imposes an upper limit of development impact for impervious surfaces that CSU will adhere to into the future. Finally, the IGA establishes that CSU will begin paying monthly stormwater fees effective July 1, 2015. The basis of the fee starts with the standard calculation that applies to every parcel in the City. CSU is unique in a number of ways when compared to other properties in the City. CSU also operates an MS4 system for the campuses. This relieves the Utility of the need to perform these same activities for this area. Therefore, it has been agreed that the cost associated with this work is an appropriate credit against the calculated stormwater fees. Additionally, CSU owns and manages a very large contiguous area giving it the ability to detain more runoff than most other properties. As a result, CSU does, in fact, detain more water in certain areas than would be required under City Code. This creates a benefit to the stormwater system by relieving that burden from the City. The IGA establishes a formula to calculate a credit to reflect that “over-detention” by CSU. Although the City does not currently have other properties that have the same unique characteristics as apply to CSU (large contiguous land area, MS4 responsibilities), the rate adjustments of the IGA are designed such that they could be codified and applied to other properties in the future. CITY FINANCIAL IMPACTS The establishment and collection of fees from CSU will help to fund the operating expenses of the Stormwater System and other related costs. To date, these costs have been absorbed by the general ratepayer base. BOARD / COMMISSION RECOMMENDATION Various components of the IGA have been informally discussed with the Water Board over the past year or so. Due to the lack of a May Water Board meeting, it is proposed to provide the Board with a full presentation at its June 18, 2015, meeting between the Council’s First and Second reading of the proposed Ordinance. PUBLIC OUTREACH There has been extensive discussion between CSU Facilities management and City of Fort Collins Utility staff to come to a resolution on this issue. ATTACHMENTS 1. CSU Stormwater IGA Agreement Boundary Map (PDF) 2. Powerpoint presentation (PDF) 0 0.05 0.10.20.30.40.5 Miles Main Campus South Campus Laurel St. Pitkin St. Lake St. Prospect Rd. Drake Rd. S. College Ave. Shields St. Centre Ave. W. Plum St. Birch St. W. Elizabeth St. EXHIBIT A West Campus ATTACHMENT 1 Stormwater Utility Service Agreement 1 ATTACHMENT 2 Intergovernmental Agreement for Stormwater Utility Services between Colorado State and University Common Purpose 3 Stacking Header Size 20 Works Well on Line 2 Fort Collins Utilities provides stormwater utility services the operation of an extensive system of collection, detention, and conveyance facilities throughout the City. Municipal Separate Storm Sewer System (MS4) The service area overlaps property owned and managed by Colorado State University. CSU also manages its own MS4 Unique Characteristics of CSU 4 Stacking Header Size 20 Works Well on Line 2 Trying to Shove Too Many Things in This Area Makes it Feel Very Cluttered 1. Providing duplicate services for a portion of the City. • Outreach & maintenance. 2. Large area of contiguous property allows alternative management of runoff. • “Over-detention” Used as the basis to determine fee credits Fee Calculations 5 1. Begins with standard methods established in City Code 2. Applies Credits for: i. Over-Detention ii. MS4 Costs 3. To be Reviewed Annually. 4. Includes Plant Investment Fees for new development or redevelopment. Agreement Boundary 6 Three Campus Areas: • Main •West • South Each Managed Separately for Stormwater Good Faith Negotiations 7 IGA to be effective July 1, 2015 to Coincide with the CSU Fiscal Year 18+ month process of Good Faith Negotiations Excellent Cooperation Fort Collins Utility staff CSU Facilities staff - 1 - ORDINANCE NO. 071, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH THE BOARD OF GOVERNORS OF COLORADO STATE UNIVERSITY, ESTABLISHING A STORMWATER UTILITY SERVICE AGREEMENT WHEREAS, the City owns a stormwater management system through which it collects, detains, and conveys stormwater throughout the City (the “City System”); and WHEREAS, Colorado State University (CSU) operates three university campuses in the City on which CSU collects, detains, and conveys stormwater to the City System (“CSU Facilities”); and WHEREAS, in 1981, the City established a Stormwater Enterprise (the "City Enterprise") to meet federal regulations for stormwater management, and began collecting a stormwater utility service fee from properties served by the City System, and WHEREAS, CSU has not consistently recognized an obligation to pay the City's stormwater utility service fees as calculated in the City Code, but has been involved in good faith discussions with the City on the subject for several years; and WHEREAS, it is in the mutual interests of the City and CSU to establish an arrangement for the equitable conveyance of stormwater from the CSU Facilities to the City System, by identifying existing needs and commitments of the parties, impacts and benefits for the City System created by the CSU Facilities, and current rates and requirements for stormwater utility service; and WHEREAS, accordingly, the City and CSU have negotiated the terms and conditions set forth in the intergovernmental Stomwater Utility Service Agreement for Colorado State University's Main, South, and West campuses, as attached hereto as Exhibit “A” and incorporated herein by this reference (the “Agreement”); and WHEREAS, pursuant to C.R.S. §29-1-203(1), the City and CSU are authorized to cooperate or contract with one another to provide any function, service or facility lawfully authorized to each of them; and WHEREAS, Article II, Section 16 of the Charter of the City of Fort Collins (“Charter”) additionally provides that the City Council may, by resolution or ordinance, enter into contracts with other governmental bodies to furnish governmental services and make charges for such services, or enter into cooperative or joint activities with other governmental bodies; and WHEREAS, Article XII, Section 6 of the Charter provides that the City Council shall by ordinance from time to time fix, establish, maintain, and provide for the collection of such rates, fees or charges for water and electricity, and other utility services as will produce revenues - 2 - sufficient to pay the cost of operation and maintenance of the utilities in good repair and working order, and for other enumerated purposes. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Council hereby approves the Agreement, including the rates, fees and charges set forth in the Agreement, and finds and determines the Agreement to be for the benefit of the City Stormwater Utility and its ratepayers. Section 2. That the Council hereby authorizes the Mayor to execute the Agreement on behalf of the City, in substantially the form attached hereto as Exhibit “A”, together with such modifications and additions as the City Manager, in consultation with the City Attorney, determines necessary and appropriate to protect the interests of the City or further the purposes of this Ordinance. Introduced, considered favorably on first reading, and ordered published this 2nd day of June, A.D. 2015, and to be presented for final passage on the 7th day of July, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk - 3 - Passed and adopted on final reading on the 7th day of July, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk FINAL REVIEW PENDING 1 STORMWATER UTILITY SERVICE AGREEMENT between COLORADO STATE UNIVERSITY and CITY OF FORT COLLINS UTILITIES FORT COLLINS, COLORADO for COLORADO STATE UNIVERSITY’S MAIN, SOUTH, and WEST CAMPUSES, Dated: , 2015 THIS INTERGOVERNMENTAL STORMWATER UTILITY SERVICE AGREEMENT (“Agreement”) is entered into by and between the City of Fort Collins, a Colorado municipal corporation that operates a public stormwater utility and related facilities (“Fort Collins Utilities” or “City”) and the Board of Governors of Colorado State University System, acting by and through Colorado State University (“CSU”), an institution of higher education of the State of Colorado (together, the “Parties”), effective as of the date it is executed by all Parties, herein below. RECITALS: A. Fort Collins Utilities provides stormwater utility services through the operation of an extensive system of collection, detention and conveyance facilities throughout and in the stormwater basins in and around Fort Collins (the “Stormwater System”). B. CSU operates an on-campus stormwater system, has developed its own stormwater infrastructure on the CSU campuses and manages its own MS4 permit. C. Over the years, CSU and the City have cooperated on various stormwater infrastructure projects and mutually beneficial services with the goal of improved stormwater management. D. Fort Collins Utilities operates the Stormwater System and provides stormwater services subject to various terms, conditions and requirements as approved and authorized by the Fort Collins City Council. Such conditions of service, including but not limited to the fees established by the City to support the design, construction, operation, maintenance, replacement and repair of the Stormwater System, are subject to change from time to time as authorized and directed by the Fort Collins City Council. E. Over time, the City and CSU have been unable to reach agreement regarding the extent to which CSU is obligated to pay to the City fees related to the Stormwater System. The Parties have negotiated in good faith to develop a mutually acceptable basis for establishing and determining the Stormwater Fees as they relate to the CSU Main, South, and West Campus areas, as shown on Exhibit A, attached hereto and incorporated by this reference (the “Agreement Boundary”). EXHIBIT A FINAL REVIEW PENDING 2 F. Accordingly, the Parties have developed a shared understanding and mutual agreement as to the basis for imposition of Stormwater Fees for the CSU Main, South and West Campus areas, as set forth herein. WITNESSETH: NOW, THEREFORE, in consideration of the covenants and mutual promises set forth in this Agreement, including the recitals, CSU and the City agree as follows: ARTICLE 1 DEFINITIONS A. Allowable Release Rate. The amount of 100-year flow that the City allows to be discharged from a property. It is the sum of the existing 100-year run-on and the historic 2-year runoff. B. Agreement Boundary. The Agreement Boundary includes the Main, South, and West Campuses as defined below. C. Colorado State University Main Campus. For purposes of this Agreement, the physical areas owned by CSU and as shown in Exhibit A as “Main Campus.” The area defined as “Main Campus” represents a single parcel of land as it applies to the calculation of Monthly Stormwater Utility Fees and Plant Investment Fees. D. Colorado State University South Campus. For purposes of this Agreement, the physical areas owned by CSU and as shown in Exhibit A as “South Campus.” The area defined as “South Campus” represents a single parcel of land as it applies to the calculation of Monthly Stormwater Utility Fees and Plant Investment Fees. E. Colorado State University West Campus. For purposes of this Agreement, the physical areas owned by CSU and as shown in Exhibit A as “West Campus.” The area defined as “West Campus” represents a single parcel of land as it applies to the calculation of Monthly Stormwater Utility Fees and Plant Investment Fees. F. CSU MS4. CSU’s Municipal Separate Storm Sewer System program, associated with Permit COR07002, issued by the Colorado Department of Public Health and Environment (CDPHE). G. Historic. For purposes of this Agreement, “historic” means stormwater flows calculated based on pre-development land conditions. H. Monthly Stormwater Utility Fee. The monthly amount to be charged by the City for use of the Stormwater System by CSU. I. Over-Detention. The amount of 100-year flow detained in excess of the allowable release rate as defined in the Fort Collins Storm Drainage Criteria. J. Plant Investment Fees (PIF). For purposes of this Agreement, the one-time fee charged when a modification to surface conditions results in an increase of impervious area of over 350 square feet of the lot or parcel. FINAL REVIEW PENDING 3 K. Stormwater Fees. The fees established by the City to support the design, construction, operation, maintenance, replacement and repair of the Stormwater System. Stormwater Fees include both Monthly Stormwater Utility Fees and Plant Investment Fees as defined above. ARTICLE 2 STORM WATER REQUIREMENTS AND FEES GENERALLY Except as expressly set forth herein and only for the purposes set forth in this Agreement, CSU property within the limits of the City of Fort Collins shall be subject to the standards, requirements and conditions related to stormwater management and the City’s Stormwater System, as set forth in Chapter 26 of the City Code, as the same may from time to time be amended or replaced. Property that is not located on the CSU Main, South, and West Campuses (the Agreement Boundary) that is developed or redeveloped by CSU shall be subject to the Stormwater Fees. Property that is located within the Agreement Boundary shall be subject to the terms of this Agreement. If a parcel within the Agreement Boundary is sold, transferred or otherwise conveyed to any other entity, it will no longer be subject to this Agreement. Because CSU operates its own Municipal Separate Storm Sewer System (MS4) that incorporates a significantly large area of land with which it can effectively manage its Stormwater runoff using alternative methods, it is appropriate to modify the standard calculation of fees for service provided. ARTICLE 3 MONTHLY STORMWATER UTILITY FEES 1. Conceptual Basis for Monthly Stormwater Utility Fees. The City collects Monthly Stormwater Utility Fees in order to fund the operating expenses of the Stormwater System and other related costs. The approach used to determine the Monthly Stormwater Utility Fees for the Agreement Boundary is based on historic peak stormwater flow levels. The intent of the Parties in entering into this Agreement is to formally establish and document factors applying to CSU stormwater discharge levels for which collection and system fee requirements will be deemed fulfilled, based on historic flows on the CSU Campus. 2. Rate Formula. The steps below are applied to calculate, individually, the Monthly Stormwater Utility Fees payable by CSU to the City for the CSU Main, South, and West Campuses: (a) Establish the base Monthly Stormwater Utility Fee using the method established in Article VII, Chapter 26 of the City Code, which fee calculation applies to current square footage areas, based on CSU GIS data, by type defined in City Code; (b) Reduce the base fee by the percentage of "over-detention" credited for the land area relating to the base fee, as set forth in Section 3 below; FINAL REVIEW PENDING 4 (c) Subtract the monthly credit for maintenance and administration costs related to CSU's Municipal Separate Storm Sewer System (the “CSU MS4”) permit, as set forth in Section 4 below; (d) This generates the Monthly Stormwater Utility Fee due for Main, South, and West Campuses, calculated individually, which will then be billed to CSU, payable on standard terms required of Fort Collins Utilities’ customers. 3. Over-Detention Credit. Over-Detention Credit will be calculated for each of the CSU Main, South and West Campuses using the following process: • Percentage of Over-Detention = (1- [Total Existing 100-year Outflow]/[Total Existing 100-year Inflow + Total Historic 2-year Outflow] )*100 • Flow Reduction = [Total Existing 100-year Inflow + Total Historic 2-year Outflow]- [Total Existing 100-year Outflow] • Consult Table 1 for the Over-Detention Credit Example: Current modeling from Ayers Associates Engineers for CSU’s Main Campus shows 100-year inflow as 995 cfs, 100-year outflow as 752 cfs, and 2-year outflow as 70 cfs; Percentage Over-Detention = (1- 752/(995+70))*100 = 29.4% Flow Reduction = (995+70)-752 = 313 cfs Over-Detention Credit = 25% Table 1 – Over-Detention Credit Percentage of “Over-Detention” <25% 25%- <40% 40%- <55% 55%- <70% 70%- <85% 85%- <100% Flow Reduction <100 cfs 0 0 0 0 0 0 100- <200 cfs 10 15 20 25 30 35 200- <300 cfs 15 20 25 30 35 40 300- <400 cfs 20 25 30 35 40 45 > 400 cfs 25 30 35 40 45 50 FINAL REVIEW PENDING 5 4. Credit for CSU MS4 costs. The following cost items will be used in determining the credit due to CSU for the following term’s Monthly Stormwater Utility Fees (collected based on a July 1 to June 30 period): • Annual CSU MS4 permit fees for the Agreement Boundary; • Actual cost of spill response, sampling and analysis as required for the CSU MS4; • Actual cost of stormwater permit outreach education and training as required for the CSU MS4; • Actual cost of CSU MS4 program coordinator salary (prorated to include only that portion of salary applicable to these duties); and • Actual cost of construction site inspector (prorated to include only that portion of salary applicable to these duties). • These annual MS4 expenses shall be divided by 12 to generate an average monthly expense, and then pro-rated by total land area to the Main, South, and West Campuses. 5. Annual Review of Rate Calculation. The City will review the calculation of the Monthly Stormwater Fee on an annual basis and make adjustments as necessary and as mutually agreed to by the Parties. The annual review will include the following information which is to be provided by CSU to the City: (a) To establish the area of impervious, semi-pervious, and pervious surfaces within the Agreement Boundary, CSU shall supply Fort Collins Utilities with an annually-updated summary table based on the most current CSU GIS data; (b) MS4 expenses shall be submitted annually by CSU to the City, accompanied by substantiating financial records; (c) For surface flows, CSU shall update its surface model to reflect net changes on the CSU Campus by a mutually-agreed upon qualified consulting engineer at least once every five (5) years. CSU shall also update its stormwater pipe model to reflect system changes at least once every five (5) years. (d) The data shall be submitted to the Fort Collins Utilities Executive Director by March 31 of each year of the frequency specified for review, in order to assist CSU in adjusting the Monthly Stormwater Fees obligation to include in its budgeting process. Fee adjustments shall be made effective July 1 of each year. No cost credits for which documentation has not been received by March 31 shall be eligible for the credit against the Monthly Stormwater Utility Fees as described above. 6. Stormwater Fee Commencement Date. (a) The Monthly Stormwater Utility Fee will be applied beginning on July 1, 2015 and continue on a monthly basis thereafter. A detailed statement showing the amount and breakdown of the calculation of the first payment is attached to this Agreement as Exhibit B and incorporated by this reference. FINAL REVIEW PENDING 6 (b) In the case that the Agreement is signed after July 1, 2015, or the Agreement is signed but payment is delayed due to incomplete modeling or other incomplete technical data, Monthly Stormwater Utility Fees will be applied retroactively to July 1, 2015. (c) The Plant Investment Fees for the Agreement Boundary, which have been calculated to reflect the “allocation areas” listed below, and agreed upon by the Parties, will be payable 90 days after the effective date of this Agreement. A detailed statement showing the amount and breakdown of the calculation of the Plant Investment Fee is attached to this Agreement as Exhibit B and incorporated by this reference. ARTICLE 4 IMPERVIOUS AREA AND RUNOFF QUALITY 1. Impervious Area. The impervious surface area for each of the campuses within the Agreement Boundary shall be managed as outlined in this section. (a) Existing impervious surface areas, for each of the campuses governed by this Agreement, as of December 31 st , 2014, are as follows: (i) Main Campus: 9,773,343 square feet (ii) South Campus: 2,390,387 square feet (iii) West Campus: 880,603 square feet (b) An allocation of impervious surface area is here established for each of the campuses governed by this Agreement: (i) Main Campus: 10,000,000 square feet (ii) South Campus: 3,100,000 square feet (iii) West Campus: 950,000 square feet (c) A Stormwater PIF shall be applied to the difference between the “allocated” areas and the “existing” areas for Main, South, and West Campuses using the method established in Article VII, Chapter 26 of the City Code. (d) If there is an alteration to one area within a campus resulting in an increase in or change in location of impervious surface area, the alteration will be accommodated on other parts of the same campus, to keep the area of impervious surface within the established allocation. CSU will internally manage these efforts. (e) Areas of impervious surface shall be as calculated and verified annually using CSU GIS data during the Annual Review of Rate Calculation. 2. Water Quality Level/Treatment. (a) CSU will include detention and Best Management Practices (BMPs) with each project within the Agreement Boundary, satisfying the following intent: (i) Detention of 100% of the water quality capture volume; and FINAL REVIEW PENDING 7 (ii) Detention to match historic 2-year condition. (b) Detention may be regional, and will occur within the same campus. (c) BMPs will be designed in general conformance with the "Urban Storm Drainage Criteria Manual, Volume 3 — Best Management Practices", Urban Drainage and Flood Control District, Denver, Colorado, latest edition. However, site-specific BMPs, such as constructed wetlands, bioswales etc., may be designed using design guidance from other sources, such as architectural firms' in-house expertise and recently published articles, as mutually agreed upon by the Parties. (d) CSU intends to develop its own Low Impact Development standards within three (3) years of the date of this Agreement. ARTICLE 5 INTEGRATION/CONNECTION OF INFRASTRUCTURE 1. CSU management of Stormwater within the Agreement Boundary. CSU manages stormwater within its boundaries, seeking to avoid increases in stormwater flows leaving CSU property. The volume of stormwater entering and leaving each system varies depending on the system configuration and the magnitude and location of storm events. 2. Operation of CSU’s Municipal Separate Storm Sewer System (MS4). At all times herein, CSU shall be responsible for the proper operation of its MS4 System. 3. Grants of Easement or Other Crossings. The City and CSU acknowledge that subsequent formal approval will be required; however, to the extent allowed by applicable law and University policy, the Parties agree to cooperate in the granting of any necessary stormwater easements or stormwater related crossing/right-of-way agreements to the other on a no cost basis. 4. Inter-connection. The City and CSU shall continue to coordinate the inter-connection and operation of each other’s MS4 infrastructure. ARTICLE 6 ADJUSTMENTS, SYSTEM CHANGES, AND RESOLUTION OF DISPUTES 1. Service Level Adjustments. If at any time after execution of this Agreement, as a result of increased knowledge or better data, the Parties conclude the stormwater levels upon which this Agreement is based are substantially incorrect, the Parties agree to negotiate in good faith to revise the Monthly Stormwater Fees established herein, as may be reasonable and necessary to accurately reflect such stormwater levels using the formulas and terms set forth in this Agreement. 2. Changes to CSU Operations and Uses. During the term hereof, any substantive change in operations or uses by CSU that would substantially impact Fort Collins Utilities’ Stormwater System will serve as a basis for the Parties to negotiate in good faith any necessary modification to these runoff allocation levels that may be appropriate. This may include the payment by CSU FINAL REVIEW PENDING 8 of additional Stormwater Plant Investment Fees or reduction in use and impact on Fort Collins Utilities’ Stormwater System. 3. Resolution of Disputes. (a) Allocation Disputes. In the event changed conditions such as those described in Sections 1 and 2 of this Article 6 should occur during the term of this Agreement, and the Parties are unable to reach agreement as to the reasonable and necessary modifications, the Parties will first elevate the disputed issues to senior administration, and if the matters are not resolved, the Parties may then engage in mediation or other non-binding dispute resolution methods, before seeking to terminate this Agreement or initiate any legal action hereunder. (b) Disputed Charges. Continued use of the Stormwater System by CSU shall be contingent upon timely payment by CSU of any and all Stormwater Fees as set forth herein. If a dispute arises with respect to specific charges or credits contained in any billing statement, invoice or statement of account, CSU shall identify the disputed charges and notify the City of its objections thereto, in writing, as soon as reasonably practicable after receipt of the invoice or statement, and shall pay all undisputed charges according to the payment terms established for the affected services. The City shall respond to the objections within 30 days after receipt. If the dispute cannot be resolved through good faith negotiations within 30 days after the City’s response to CSU’s objections, CSU shall pay the disputed amounts under protest and the dispute resolution process set forth in paragraph (a) of this Section 3 shall be followed. Either of the Parties shall be entitled to pursue such legal and equitable remedies as may be available pursuant to the City Code or other applicable law, in the event that any such dispute is not resolved through the foregoing process. ARTICLE 7 GENERAL TERMS AND CONDITIONS 1. Notice. Any notice, request, demand, consent or approval, or other communication required or permitted hereunder will be in writing and will be deemed to have been given when personally delivered or deposited in the United States mail with proper postage and address as follows: If to CSU: Director of Facilities Colorado State University 6030 Campus Delivery Fort Collins, CO 80523-6030 With a copy to: Office of the General Counsel Colorado State University 0006 Campus Delivery Fort Collins, CO 80523-0006 If to Fort Collins Utilities: Utilities Executive Director City of Fort Collins Utilities Post Office Box 580 Fort Collins, CO 80522 FINAL REVIEW PENDING 9 With a copy to: Office of the City Attorney City of Fort Collins Post Office Box 580 Fort Collins, CO 80522 2. Parties/Beneficiaries. This Agreement is made for the sole and exclusive benefit of the named Parties and shall inure to the benefit of their respective successors and assigns. It is not made for the benefit of any third party, and any such benefit shall be deemed incidental. 3. Liability. The liability of each of the Parties is governed, limited and controlled by the Colorado Governmental Immunity Act, Colo. Rev. Stat. § 24-10-101, et seq., as now or hereafter amended. Nothing in this Agreement shall be construed as a limitation or waiver of the immunities provided under said Act. The Parties acknowledge that this Agreement is intended to document the conditions and requirements to be met by CSU and Fort Collins Utilities, in order for Fort Collins Utilities to provide Stormwater Utility services, as described herein, and that this Agreement is not intended to, and does not, impose upon Fort Collins Utilities any obligations to CSU except as expressly set forth in this Agreement or to give rise to any special liabilities of Fort Collins Utilities for the benefit of CSU, except for those obligations or liabilities that Fort Collins Utilities has as a general matter to its Stormwater Utility customers. 4. Severability. In the event any covenant, condition or provision of this Agreement is held to be invalid by final judgment of any court of competent jurisdiction, the invalidity of such covenant, condition or provision shall not in any way affect any of the other covenants, conditions or provisions of this Agreement, provided that the invalidity of any such covenant, condition or provision does not materially prejudice either party in its respective rights and obligations under the valid covenants, conditions or provisions of this Agreement. 5. Authority. By executing this Agreement as provided below, each Party accepts the terms and conditions hereof and agrees to abide by them. Each Party also represents and warrants that it is authorized by law to accept the terms and conditions hereof. The individual persons signing below, hereby each represent that he or she is authorized to bind the party he or she claims below to represent to the terms and conditions hereof. 6. Applicable Laws. This Agreement shall be interpreted and enforced according to the laws of the State of Colorado. Venue for any legal action arising under this Agreement shall lie exclusively in the Colorado District Court situated within the City of Fort Collins, Colorado, or in the City and County of Denver, Colorado. 7. Existing Rights and Agreements. Nothing in this Agreement shall act to amend, modify, or supersede any annexations, any related agreements or any other agreements, rights, or legal positions by and between the City and CSU external to this Agreement, or to alter in any way their recourse under the same ARTICLE 8 FINANCIAL OBLIGATIONS FINAL REVIEW PENDING 10 This Agreement is not intended to create any obligation of either Party to transfer funds to any other Party or entity, and shall not constitute a “state contract” or “commitment voucher” as defined under the State Fiscal Rules. All financial obligations of CSU in respect of the use of the Stormwater System or enjoyment of stormwater-related services of Fort Collins Utilities shall be created by issuance of an approved commitment voucher in accordance with such Rules and the Controller’s Statute, C.R.S. § 24-30-202 et seq., as now or hereafter amended. IN WITNESS WHEREOF, the parties hereto have executed Stormwater Management Agreement as of the day and year first above written. CSU: STATE OF COLORADO: JOHN HICKENLOOPER, GOVERNOR Board of Governors of the Colorado State University System, acting by and through Colorado State University: Date: _________________ By: Amy L. Parsons Vice President for University Operations APPROVED: By: Steve Hultin Executive Director, Facilities Management APPROVED AS TO FORM: By: Jason Johnson Deputy General Counsel, CSU System FINAL REVIEW PENDING 11 FORT COLLINS UTILITIES, a municipal utility owned and operated by THE CITY OF FORT COLLINS, COLORADO a Municipal Corporation Date: ________________ By: _____________________________ Wade Troxell Mayor ATTEST: ______________________________ Wanda Nelson City Clerk APPROVED AS TO FORM: ______________________________ Carrie Mineart Daggett City Attorney EXHIBIT A TO IGA ǆŚŝďŝƚ ^hͲŝƚǇ^ƚŽƌŵǁĂƚĞƌ/'&ŝŶĂŶĐŝĂůŶĂůǇƐŝƐ DŽŶƚŚůǇ&ĞĞƐĂŶĚWůĂŶƚ/ŶǀĞƐƚŵĞŶƚ&ĞĞƐ ϰͬϮϲͬϮϬϭϱ ǆŝƐƚŝŶŐ ŚĂŶŐĞŝŶ 'ƌŽǁƚŚ ǆŝƐƚŝŶŐ ŚĂŶŐĞŝŶ 'ƌŽǁƚŚ ǆŝƐƚŝŶŐ ŚĂŶŐĞŝŶ 'ƌŽǁƚŚ ^ƵƌĨĂĐĞdǇƉĞ DƵůƚŝƉůŝĞƌ ĂƚĞŐŽƌǇ ZĂƚĞ&ĂĐƚŽƌ ƌĞĂ΀ƐĨ΁ ƌĞĂ΀ƐĨ΁ ƌĞĂ΀ƐĨ΁ ƌĞĂ΀ƐĨ΁ ƌĞĂ΀ƐĨ΁ ƌĞĂ΀ƐĨ΁ ƌĞĂ΀ƐĨ΁ ƌĞĂ΀ƐĨ΁ ƌĞĂ΀ƐĨ΁ /ŵƉĞƌǀŝŽƵƐ Ϭ͘ϵϱ sĞƌǇ>ŝŐŚƚ Ϭй ƚŽ ϯϬй Ϭ͘Ϯϱ ^ĞŵŝͲWĞƌǀŝŽƵƐ Ϭ͘ϱ >ŝŐŚƚ ϯϭй ƚŽ ϱϬй Ϭ͘ϰ /ŵƉĞƌǀŝŽƵƐ ϵ͕ϳϳϯ͕ϯϰϯ ϭϳϮ͕ϯϴϰ ϵ͕ϵϰϱ͕ϳϮϳ /ŵƉĞƌǀŝŽƵƐ Ϯ͕ϯϵϬ͕ϯϴϳ ϱϱϭ͕ϭϳϮ Ϯ͕ϵϰϭ͕ϱϱϵ /ŵƉĞƌǀŝŽƵƐ ϴϴϬ͕ϲϬϯ Ϭ ϴϴϬ͕ϲϬϯ WĞƌǀŝŽƵƐ Ϭ͘Ϯ DŽĚĞƌĂƚĞ ϱϭй ƚŽ ϳϬй Ϭ͘ϲ ^ĞŵŝͲWĞƌǀŝŽƵƐ ϭϰϳ͕ϱϴϯ Ͳϳ͕ϰϰϯ ϭϰϬ͕ϭϰϬ ^ĞŵŝͲWĞƌǀŝŽƵƐ ϯϲ͕ϯϲϰ Ϭ ϯϲ͕ϯϲϰ ^ĞŵŝͲWĞƌǀŝŽƵƐ ϴϮϰ Ϭ ϴϮϰ ,ĞĂǀǇ ϳϭй ƚŽ ϵϬй Ϭ͘ϴ WĞƌǀŝŽƵƐ ϳ͕ϲϴϮ͕ϯϭϬ Ͳϭϲϰ͕ϵϰϭ ϳ͕ϱϭϳ͕ϯϲϵ WĞƌǀŝŽƵƐ ϰ͕ϴϯϳ͕ϱϯϲ Ͳϱϱϭ͕ϭϳϮ ϰ͕Ϯϴϲ͕ϯϲϰ WĞƌǀŝŽƵƐ ϴϭϱ͕ϯϭϵ Ϭ ϴϭϱ͕ϯϭϵ sĞƌǇ,ĞĂǀǇ ϵϭй ƚŽ ϭϬϬй Ϭ͘ϵϱ dŽƚĂů΀ƐĨ΁ ϭϳ͕ϲϬϯ͕Ϯϯϲ ϭϳ͕ϲϬϯ͕Ϯϯϲ dŽƚĂů ϳ͕Ϯϲϰ͕Ϯϴϳ ϳ͕Ϯϲϰ͕Ϯϴϳ dŽƚĂů ϭ͕ϲϵϲ͕ϳϰϳ ϭ͕ϲϵϲ͕ϳϰϳ DŽŶƚŚůǇ&ĞĞĂůĐƵůĂƚŝŽŶ DŽŶƚŚůǇ&ĞĞс ;>ŽƚƌĞĂͿǆ;ZĂƚĞ&ĂĐƚŽƌͿǆ;ĂƐĞƌĂƚĞͿ dŽƚĂů΀ĂĐƌĞƐ΁ ϰϬϰ͘ϭ ϰϬϰ͘ϭ ϭϲϲ͘ϴ ϭϲϲ͘ϴ ϯϵ͘Ϭ ϯϵ͘Ϭ ĂƐĞƌĂƚĞс Ψ Ϭ͘ϬϬϰϭϰϱϰ ƉĞƌƐĨƉĞƌŵŽŶƚŚ й/ŵƉĞƌǀŝŽƵƐ ϱϱ͘ϱй ϱϲ͘ϱй й/ŵƉĞƌǀŝŽƵƐ ϯϮ͘ϵй ϰϬ͘ϱй й/ŵƉĞƌǀŝŽƵƐ ϱϭ͘ϵй ϱϭ͘ϵй й^ĞŵŝͲWĞƌǀŝŽƵƐ Ϭ͘ϴй Ϭ͘ϴй й^ĞŵŝͲWĞƌǀŝŽƵƐ Ϭ͘ϱй Ϭ͘ϱй й^ĞŵŝͲWĞƌǀŝŽƵƐ Ϭ͘Ϭϱй Ϭ͘Ϭϱй W/&ĂůĐƵůĂƚŝŽŶ йWĞƌǀŝŽƵƐ ϰϯ͘ϲй ϰϮ͘ϳй йWĞƌǀŝŽƵƐ ϲϲ͘ϲй ϱϵ͘Ϭй йWĞƌǀŝŽƵƐ ϰϴ͘ϭй ϰϴ͘ϭй W/&с ;>ŽƚƌĞĂŝŶĐƌĞƐͿǆ;ZƵŶŽĨĨŽĞĨĨŝĐŝĞŶƚͿǆ;W/&ĂƐĞZĂƚĞͿ ZƵŶŽĨĨŽĞĨĨŝĐŝĞŶƚс ;й/ŵƉĞƌǀŝŽƵƐͿǆ;Ϭ͘ϵϱͿн;й^ĞŵŝͲƉĞƌǀŝŽƵƐͿǆ;Ϭ͘ϱͿн;йWĞƌǀŝŽƵƐͿǆ;Ϭ͘ϮͿ ZƵŶŽĨĨŽĞĨĨŝĐŝĞŶƚ Ϭ͘ϲϭϵ Ϭ͘ϲϮϲ ZƵŶŽĨĨŽĞĨĨŝĐŝĞŶƚ Ϭ͘ϰϰϴ Ϭ͘ϱϬϱ ZƵŶŽĨĨŽĞĨĨŝĐŝĞŶƚ Ϭ͘ϱϴϵ Ϭ͘ϱϴϵ ĂƐĞƌĂƚĞс Ψ ϳ͕ϴϭϳ͘ϬϬ ZĂƚĞ&ĂĐƚŽƌ Ϭ͘ϲ Ϭ͘ϲ ZĂƚĞ&ĂĐƚŽƌ Ϭ͘ϰ Ϭ͘ϰ ZĂƚĞ&ĂĐƚŽƌ Ϭ͘ϲ Ϭ͘ϲ KƚŚĞƌ/ŶĨŽƌŵĂƚŝŽŶ DŽŶƚŚůǇ&ĞĞ Ψ ϰϯ͕ϳϴϯ͘ϰϳ Ψ ϰϯ͕ϳϴϯ͘ϰϳ DŽŶƚŚůǇ&ĞĞ Ψ ϭϮ͕Ϭϰϱ͘ϯϱ Ψ ϭϮ͕Ϭϰϱ͘ϯϱ DŽŶƚŚůǇ&ĞĞ Ψ ϰ͕ϮϮϬ͘ϮϮ Ψ ϰ͕ϮϮϬ͘ϮϮ ǆŝƐƚŝŶŐƌĞĂсǆŝƐƚŝŶŐĚĂƚĂĨŽƌƚŚĞ/'ŽƵŶĚĂƌǇͲƉƌŝůϮϬϭϱ;ŝŶĐůƵĚĞƐŐŐŝĞEŽƌƚŚͿ͘ 'ƌŽǁƚŚƌĞĂсZĞƐƵůƚŝŶŐƐƵƌĨĂĐĞĂĨƚĞƌŶĞĂƌƚĞƌŵĐŽŶƐƚƌƵĐƚŝŽŶ;ĂƉƉƌŽǆŝŵĂƚĞůǇ&zϭϴͿ͘ ŶŶƵĂů&ĞĞ Ψ ϱϮϱ͕ϰϬϭ͘ϲϲ Ψ ϱϮϱ͕ϰϬϭ͘ϲϲ ŶŶƵĂů&ĞĞ Ψ ϭϰϰ͕ϱϰϰ͘Ϯϭ Ψ ϭϰϰ͕ϱϰϰ͘Ϯϭ ŶŶƵĂů&ĞĞ Ψ ϱϬ͕ϲϰϮ͘ϱϵ Ψ ϱϬ͕ϲϰϮ͘ϱϵ W/&ĂĚũƵƐƚŵĞŶƚƐĂƌĞďĂƐĞĚŽŶƚŚĞƌĞƐƵůƚŝŶŐĐŚĂŶŐĞŝŶƐƵƌĨĂĐĞĂŶĚƌƵŶŽĨĨĐŽĞĨĨŝĐŝĞŶƚǁŝƚŚŝŶ ƚŚĞĞŶƚŝƌĞďŽƵŶĚĂƌǇ͘ ŽƵŶĚĂƌǇŽĨΗDĂŝŶΗĂŶĚΗ^ŽƵƚŚΗĨŽƌƚŚĞƐƚŽƌŵ/'ŝƐĂƚĞŶƚƌĞǀĞǁŚĞƌĞŝƚĐƌŽƐƐĞƐ KǀĞƌͲĞƚĞŶƚŝŽŶWĞƌĐĞŶƚĂŐĞ Ϯϱй KǀĞƌͲĞƚĞŶƚŝŽŶWĞƌĐĞŶƚĂŐĞ΀WE/E'΁ Ϭй KǀĞƌͲĞƚĞŶƚŝŽŶWĞƌĐĞŶƚĂŐĞ Ϭй ƚŚĞĨůŽŽĚƉůĂŝŶĂƚ^ƉƌŝŶŐƌĞĞŬ͕ĂƐŝůůƵƐƚƌĂƚĞĚŽŶǆŚŝďŝƚ͘ KǀĞƌͲĞŶƚŝŽŶƌĞĚŝƚŝƐĐĂůĐƵůĂƚĞĚƉĞƌƚŚĞƉƌŽĐĞƐƐůĂŝĚŽƵƚŝŶƚŚĞ/'͘ KǀĞƌͲĞƚĞŶƚŝŽŶƌĞĚŝƚ Ψ ϭϯϭ͕ϯϱϬ͘ϰϮ KǀĞƌͲĞƚĞŶƚŝŽŶƌĞĚŝƚ Ψ Ͳ KǀĞƌͲĞƚĞŶƚŝŽŶƌĞĚŝƚ Ψ Ͳ ZĞƐƵůƚŝŶŐŶŶƵĂů&ĞĞ Ψ ϯϵϰ͕Ϭϱϭ͘Ϯϱ ZĞƐƵůƚŝŶŐŶŶƵĂů&ĞĞ Ψ ϭϰϰ͕ϱϰϰ͘Ϯϭ ZĞƐƵůƚŝŶŐŶŶƵĂů&ĞĞ Ψ ϱϬ͕ϲϰϮ͘ϱϵ /ŶĐƌĞĂƐĞĚ/ŵƉĞƌǀŝŽƵƐ^ƵƌĨĂĐĞ΀ĂĐƌĞƐ΁ ϯ͘ϵϲ /ŶĐƌĞĂƐĞĚ/ŵƉĞƌǀŝŽƵƐ^ƵƌĨĂĐĞ΀ĂĐƌĞƐ΁ ϭϮ͘ϲϱ /ŶĐƌĞĂƐĞĚ/ŵƉĞƌǀŝŽƵƐ^ƵƌĨĂĐĞ΀ĂĐƌĞƐ΁ Ϭ͘ϬϬ W/& Ψ ϮϮ͕ϴϬϬ͘ϱϱ W/& Ψ ϳϰ͕ϭϴϮ͘ϯϳ W/& Ψ Ͳ ŽŵďŝŶĞĚ^ƚŽƌŵ&ĞĞ Ψ ϱϴϵ͕Ϯϯϴ͘Ϭϰ ŽŵďŝŶĞĚW/& Ψ ϵϲ͕ϵϴϮ͘ϵϭ D^dZ>h>d/KE^ DĂŝŶĂŵƉƵƐ ^ŽƵƚŚĂŵƉƵƐ й/ŵƉĞƌǀŝŽƵƐ tĞƐƚ EXHIBIT B TO IGA