HomeMy WebLinkAbout136 - 10/15/2013 - AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENTFOR WATER TREATMENT SERVICES WITH THE ORDINANCE NO. 136, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT
FOR WATER TREATMENT SERVICES WITH THE FORT COLLINS-LOVELAND.WATER
DISTRICT, THE FORT COLLINS-LOVELAND WATER DISTRICT ENTERPRISE,
AND THE CITY OF FORT COLLINS WATER UTILITY ENTERPRISE
WHEREAS,the City is a home rule municipality organized and existing under Colorado laws
that owns a water system through which it treats, transmits and distributes potable water(the "City
Water System"); and
WHEREAS, as part of the City Water System, Fort Collins operates a water treatment plant
.located at 4316 LaPorte Avenue, Fort Collins, Colorado (the "City Treatment Plant"); and
WHEREAS,the District is a special district organized and existing under Colorado law that
also operates a water system (the "District Water System") to distribute potable water through a
variety of water transmission facilities located within Latimer County, Colorado ("District
Transmission Facilities"); and
WHEREAS, the City and the District have previously entered into that certain
Intergovernmental Agreement for Delivery of Potable Water,dated January 19, 1999,which provides
for the delivery of treated water by the City and the District to each other on demand,as available,to
meet day-to-day demands for delivery of potable water to their respective customers, and
WHEREAS, the City Council has on this date considered and adopted Ordinance No. 135,
2013, approving and authorizing the Mayor to sign an Amended and Restated Intergovernmental
Agreement for Delivery of Potable Water ("Water Delivery Agreement'); and
WHEREAS, the City and the District have also previously entered into that certain
Intergovernmental Agreement for the Sale and Delivery of Potable Water dated April 16, 2001, as
amended on July 11, 2006(the"Water Sales Agreement"),which Water Sales Agreement provides
for the City to sell and deliver potable water to the District in order for the District to provide potable
water to District customers in approved subdivisions and developments that have been annexed into
the City; and
WHEREAS, in addition to the arrangements in the above-described agreements, it is the
desire of the District to purchase from Fort Collins the capability to procure water treatment service
consistent with Article XII, Section 4 of the Charter of the City of Fort Collins; and
WHEREAS,accordingly, the City and the District have negotiated the terms and conditions
set forth in the Intergovernmental Agreement for Treated Water Service, attached hereto as Exhibit
"A" and incorporated herein by this reference (the "Agreement'); and
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WHEREAS, pursuant to C.R.S. §29-1-203(1), the City and the District 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 11, 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, as will produce revenues sufficient to pay the cost of operation
and maintenance of the utilities in good repair and working order, and for other enumerated
purposes; and
WHEREAS, the City Enterprise and the District Enterprise were created by the City and the
District,respectively, in order to comply with the provisions of Section 20,Article X of the Colorado
Constitution and Article 45.1 of Title 37 of the Colorado Revised Statutes in order to permit the City
and the District, acting through their respective enterprise, to issue revenue bonds and enter into
multi-year fiscal obligations in connection with their operation of a water utility; and
WHEREAS, the City Enterprise and the District Enterprise are made parties to the
Agreement solely for the purpose of entering into any multi-year fiscal obligation imposed under this
Agreement; and
WHEREAS, the City Enterprise is authorized in Section 26-43 of the Code of the City of
Fort Collins to enter into contracts relating to the City's water system.
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 Water 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 wiih the City Attorney,determines
necessary and appropriate to protect the interests of the City or further the purposes of this
Ordinance.
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Introduced, considered favorably on first reading, and ordered published this 1st day of
October, A.D. 2013, and to be presented for final passage on the 15th day of October, A.D. 2013.
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Passed and adopted on final reading on the 15th day of October, A.D. 2013.
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IGA FOR WATER TREATMENT
September 30, 2013
INTERGOVERNMENTAL AGREEMENT FOR
WATER TREATMENT SERVICE CAPACITY
BETWEEN THE CITY OF FORT COLLINS , COLORADO
AND THE FORT COLLINS-LOVELAND WATER DISTRICT
This AGREEMENT is entered into this day of , 20139 by
and between the CITY OF FORT COLLINS , Colorado, a home rule municipality (the
" City"), the CITY OF FORT COLLINS WATER UTILITY ENTERPRISE (the "City
Enterprise ") (together referred to hereinafter as "Fort Collins") the FORT COLLINS -
LOVELAND WATER DISTRICT, a political subdivision of the State of Colorado,
(hereinafter referred to as "the District"), the FORT COLLINS -LOVELAND WATER
DISTRICT ENTERPRISE, an enterprise of the District (hereinafter referred to as "the
District Enterprise") . Collectively Fort Collins and the District may be referred to herein
as "Parties" or each a "Party. "
WHEREAS, pursuant to Article XIV, Section 18 of the Constitution of the State
of Colorado, Article II, Section 16 of the Charter of the City of Fort Collins, and Section
29- 1 -203 ( 1 ) and Section 32- 1 - 1001 of the Colorado Revised Statutes, the Parties may
cooperate or contract with one another to provide any function, service or facility
lawfully authorized to each of the cooperating or contracting units of government; and
WHEREAS, the City is a home rule municipality organized and existing under
Colorado law that owns a water system through which it treats, transmits and distributes
potable water (the "City Water System") ; and
WHEREAS , as part of the City Water System, Fort Collins operates a water
treatment plant located at 4316 LaPorte Avenue, Fort Collins, Colorado (the "City
Treatment Plant") ; and
WHEREAS , the District is a special district organized and existing under
Colorado law that also operates a water system (the "District Water System") to
distribute potable water through a variety of water transmission facilities located within
Larimer County, Colorado ("District Transmission Facilities") ; and
WHEREAS , the City Enterprise and the District Enterprise were created by the
City and the District, respectively, in order to comply with the provisions of Section 20,
Article X of the Colorado Constitution and Article 45 . 1 of Title 37 of the Colorado
Revised Statutes in order to permit the City and the District, acting through their
respective enterprise, to issue revenue bonds and enter into multi-year fiscal obligations
in connection with their operation of a water utility; and
WHEREAS, the City Enterprise and the District Enterprise are made parties to
this Agreement solely for the purpose of entering into any multi-year fiscal obligation
required under this Agreement; and
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IGA FOR WATER TREATMENT
September 30, 2013
WHEREAS, the District has previously entered into that certain "Amended
Intergovernmental Agreement" dated December 9 , 1995 , (the "Soldier Canyon IGA")
with the East Larimer County Water District ("ELCO") and the North Weld County
Water District ("NWCWD") ; and
WHEREAS , the Soldier Canyon IGA created Soldier Canyon as a separate
governmental entity pursuant to C .R. S . Section 29- 1 -203 ; and
WHEREAS , the Soldier Canyon IGA provides that Soldier Canyon shall be
responsible for the operation, maintenance and management of the water treatment plant
located at 4424 LaPorte Avenue, Fort Collins, Colorado, which is jointly owned by the
District, ELCO and NWCWD (the "Soldier Canyon Treatment Plant") ; and
WHEREAS , the parties, together with Soldier Canyon, have previously entered
into that certain Intergovernmental Agreement for Delivery of Potable Water, dated
January 19, 1999, which provides for the delivery of treated water by the City and the
District to each other on demand, as available, to meet day-to-day demands for delivery
of potable water to their respective customers, and
WHEREAS , the parties to the said Intergovernmental Agreement for Delivery of
Potable Water have, as of November 1 , 2013 , adopted revisions to the same, entitled
Amended and Restated Intergovernmental Agreement for Delivery of Potable Water
("Water Delivery Agreement") ; and
WHEREAS, the City and the District have also previously entered into that
certain Intergovernmental Agreement for the Sale and Delivery of Potable Water dated
April 16, 2001 , as amended on July 11 , 2006 (the "Water Sales Agreement"), which
Water Sales Agreement provides for the City to sell and deliver potable water to the
District in order for the District to provide potable water to District customers in
approved subdivisions and developments that have been annexed into the City; and
WHEREAS , in addition to the arrangements in the above-described agreements, it
is the desire of the District to purchase from Fort Collins the capability to procure water
treatment service consistent with Article XII, Section 4 of the Charter of the City of Fort
Collins ; and
WHEREAS , accordingly, the parties have negotiated the terms and conditions set
forth in this Intergovernmental Agreement for Treated Water Service .
NOW, THEREFORE, in consideration of the promises, the mutual covenants and
agreements herein contained, the service to be rendered by Fort Collins and the payments
to be made by the District as well as transfer of certain raw water owned by the District to
be made by the District to Fort Collins as herein set forth, and the satisfactory
performance of all conditions and requirements set forth herein, it is hereby agreed by
and between the parties as follows :
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September 30, 2013
1 . City Code . All terms and conditions of water treatment service between
the District and Fort Collins will be as described in this Agreement and the City of Fort
Collins City Code.
2 , Term. This Agreement shall be effective as of January 1 , 2014 (the
"Effective Date"), and shall continue in effect until terminated in accordance with
paragraph 10, hereinafter, by court order or by operation of law.
3 . Services Provided. Fort Collins agrees to sell and provide water treatment
service to delivery points from the City Water System to the District Transmission
Facilities that are described below in paragraph 4. The Parties agree that the District will
be solely responsible for any expenses or costs associated with the connections . The
provision of such water treatment service by Fort Collins to the District is expressly
contingent upon payment by the District for service, transfer of raw water as more fully
described in paragraph 8 below, and the District' s compliance with regulatory
requirements applicable to the delivery of potable water. Further, any obligation by Fort
Collins to provide water treatment service to the District is subject to reductions ,
restrictions, limitations and surcharges, if any, that the City may establish in the future to
manage its water supply or water system capacity that may be imposed on any other
customer of the City.
4. Points of Delivery. For the purposes of water deliveries under this
Agreement, as well as water sales under the Water Sales Agreement, all water deliveries
from the City to the District shall be at one of the following delivery points, as shown on
Exhibit A, attached hereto and incorporated herein by this reference :
A. The cross-tie connection between the City' s Treatment Plant and
the Soldier Canyon Treatment Plant located at the City' s Treatment Plant (the
"Cross-Tie") ;
B . The connection between the District' s Transmission Facilities and
the City' s Transmission Facilities located in Fort Collins, Colorado, together with
associated pumping facilities, north of the intersection of Elizabeth St and
Overland Trail (the "Overland Pump Station") .
C . The connection between the City' s Transmission Facilities and the
District ' s Transmission Facilities located in Fort Collins, Colorado, at the
southeast corner of the intersection of Harmony Road and Taft Hill Road (the
"Southwest Delivery Point; " also referred to as the "Taft Hill Pumping Station") ;
D. The connection between the City' s Transmission Facilities and the
District ' s Transmission Facilities located in Fort Collins, Colorado, near the
southwest corner of the intersection of Willow Springs Way/Kechter Road and
Timberline Road (the "Timberline Meter Station") ;
E . The connection between the City' s Transmission Facilities and the
District ' s Transmission Facilities located in Fort Collins, Colorado, near the
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IGA FOR WATER TREATMENT
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northwest corner of the intersection of Ziegler Road and Rock Creek Drive (the
"Southeast Delivery Point;" also referred to as the "Ziegler Meter Station") ;
F . A connection between the City' s Transmission Facilities and the
District ' s Transmission Facilities located in Fort Collins, Colorado, near the
southeast corner of the intersection of Ziegler Road and Harmony Road and
metered approximately 900 feet to the east (the "Harmony Meter Station"), to be
constructed pursuant to plans and specifications reasonably satisfactory to the
City.
G. A connection between the City' s Transmission Facilities and the
District ' s Transmission Facilities located in Fort Collins , Colorado, near the Rock
Creek Drive entrance to Fossil Ridge High School east of the intersection of
Ziegler Road and Rock Creek Drive (the Fossil Ridge Meter Station"), to be
constructed pursuant to plans and specifications reasonably satisfactory to the
City.
5 . Integration with Deliveries Under Existing Agreements . The respective
obligations of the District and the City hereunder are independent of deliveries or sales of
potable water under existing agreements between Fort Collins and the District. As of the
effective date of this Agreement, Fort Collins provides potable water to the District at the
delivery points described above in subparagraphs A through E pursuant to the Water
Sales Agreement and the Water Delivery Agreement (the "Existing Agreements") . All
water delivered to the Harmony Meter Station and the Fossil Ridge Meter Station is
deemed to have been delivered under this Water Treatment Agreement. It is the parties '
intent that deliveries of water under the Existing Agreements shall be determined,
invoiced and subject to the terms and limitations set forth in those agreements, and that
the water treatment services to be provided to the District hereunder shall be
supplemental to the deliveries and sales provided thereunder.
6 . Maximum service limit. Fort Collins will treat water for the District at a
maximum rate of 1 . 825 billion ( 1 , 825 ,000,000) gallons during any Water Year and not to
exceed 5 million (5 ,000 ,000) gallons per day. For the purposes of this Agreement, a
Water Year is intended to mean the period starting November 1 of a given calendar year
and extending through October 31 of the following calendar year. This maximum service
limit has been determined based upon the District ' s agreement to pay Water Plant
Investment Fees as described in paragraph 7 below. The maximum amount of water
treatment service identified herein will not increase unless and until, upon the written
request of the District, Fort Collins at its sole discretion elects to increase the amount of
annual water treatment service, additional plant investment fees and any other applicable
fees or charges are paid, and the Parties execute a written addendum to this Agreement.
7 . Payment for Service. In exchange for the water treatment services
provided to the District as described in paragraph 3 , the District shall pay to Fort Collins
each of the fees and charges set forth in this Agreement and shall transfer raw water to
Fort Collins as more fully described in paragraph 8 below. The fees and charges for
water treatment service set forth herein shall be as established by Fort Collins from time
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September 30, 2013
to time as more fully described below. The initial rates and charges are outlined below.
Fort Collins approves its rate modifications in October/November of each year with the
effective date the immediately following January 1 . Fort Collins shall include the District
in all rate adjustment communications provided to other customers and Key Accounts of
the Utility.
A. The approach used to determine the level for the District' s
permanent allocation of water treatment service is based on Water Plant
Investment Fees paid by the District. The District shall pay Water Plant
Investment Fees at a rate consistent with the fee amount determined to be
appropriate by Fort Collins in its annual or semi-annual review of such fees
conducted most recent to the time at issue. The Water Plant Investment Fee for
the District at the time of execution of this Agreement is $2 . 52 per gallon of peak
day use. Fort Collins ' obligation to provide water treatment services pursuant to
this paragraph 7A is contingent upon payment of Water Plant Investment Fees .
Payment of such fees will not allow the District to increase the maximum service
limit without amendment of this Agreement as described in paragraph 6 .
B . The Water Plant Investment Fee shall be Twelve million Six
hundred thousand dollars ($ 12,600,000) . The District will pay the City Two
million Five hundred Twenty thousand dollars ($2 ,520,000) prior to any
deliveries under this Agreement, but in no event later than January 15 , 2014 . The
remainder of the Water Plant Investment Fee, Ten million Eight thousand dollars
($ 10,080,000) shall be amortized over a period of twenty (20) years at an annual
percentage rate of five percent (5 %) . Payments shall be made on a monthly basis
in the amount of Sixty-six thousand Five hundred and twenty-four dollars
($66,524) .
C . The negotiated rate for calendar year 2013 for water treatment and
transmission service is $2 . 1093 per one thousand gallons. Fort Collins may adjust
the water treatment service rate for years after 2013 in accordance with the results
of any cost of service study Fort Collins may conduct or in accord with overall
rate changes made by the City Council of Fort Collins to the entire customer base
of the City. The parties acknowledge and agree that the water treatment and
transmission charges established pursuant to this subparagraph incorporate
surcharges, payments in lieu of taxes, and other similar additional charges at the
rates established generally for City Utility customers, which will not be separately
charged to the District.
D. Fort Collins may apply any other direct and indirect charges for
incidental services requested by the District and normally applied for water
treatment service as provided in Section 26-712 of the City Code.
E . Calculation of the quantity of Water Treatment Service provided
under this Agreement shall be calculated as the sum of the following:
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1 . The quantity delivered through the "Harmony Meter Station"
described in Section 41 . above;
2 . The quantity delivered through the "Fossil Ridge Meter
Station" described in Section 4 . G. above; and
3 . The quantity transferred daily under the Water Delivery
Agreement in excess of the limits set forth in the Water
Delivery Agreement,
8 , Additional Requirements for Water Service. As a condition of receiving
the water treatment service provided hereunder, the District agrees to transfer water from
the Colorado Big-Thompson Project ("CBT") as follows :
A. The District will assign to Fort Collins CBT raw water in an
amount equal to the volume of water treated by Fort Collins for the District under
this Agreement (the "Raw Water Amount") . The transfer of the Raw Water
Amount for each month shall take place no later than ten ( 10) days after the end
of such previous calendar month.
B . In the event that Fort Collins or the District have reason to expect a
significant change in the District' s level of treated water demand or other
extraordinary occurrences affecting water supplies or water demands during the
Water Year, the parties will cooperate in an effort to make additional transfers and
accomplish any operational adjustments that may need to be made, at no cost to
the City.
C . All transfers of CBT water shall be made in accordance with rules
established by the Northern Colorado Water Conservancy District ("NCWCD") .
D . The District agrees that all treated water provided to the District
hereunder shall be used in accordance with the applicable rules, policies and other
requirements of the NCWCD .
9 , Metering/Infrastructure . Metering, recording and telemetry devices shall
be installed and maintained at the District ' s expense at the points of delivery specified in
this Agreement in a manner satisfactory to Fort Collins, so as to accurately account for
the treated water provided to the District under this Agreement. The City and the District
agree to share with each other the data from their respective metering devices .
A. The City may freely inspect each meter and metering point for any
delivery point for water under this Agreement in its discretion. The City may
provide testing and calibration of meters as it determines necessary to maintain
accurate meter readings .
B . The parties acknowledge and agree that metering of flows at each
of the delivery points is critical for the effective operation of this Agreement. In
the event that a District-owned meter is not properly functioning to accurately
measure flows , the parties agree to first attempt to cooperatively determine the
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flow estimation. If agreement on estimation cannot be reached, the City reserves
the right to close or require the District to close the affected connection between
the District ' s System and the City' s System, until such time as a meter that will
accurately measure the flows at that delivery point is installed and operable .
C . In order to enhance the efficiency and reliability of the metering of
deliveries, the Parties agree that the City may, at its option, install new meters at
the delivery points that will measure real-time usage. If installed by the City, upon
installation said meters will be operated and maintained by the City. The flow
information from these meters will be used for determining the volumes of water
delivered to the District and in the water accounting, instead of the water meters
currently installed and owned by the District, which will no longer be in use under
the Existing Agreements . In the event that a dispute regarding volumes delivered
for a monthly or annual billing as to an amount that exceeds 2% of the metered
volumes, the City agrees to calibrate the meter at that time (if not in the usual
maintenance schedule) . The City will provide volume information in real time to
the District in a format compatible with the District ' s data collection system. In
such event the District will no longer be obligated to operate and maintain its own
meters in such locations for the purposes of this Agreement.
10, Termination/Transfer. This Agreement shall continue in effect for so long
as Fort Collins continues to provide treated water unless and until terminated: 1 ) by
operation of law; or 2) by the District upon the provision of written notice of termination
to Fort Collins no less than ten ( 10) years in advance of the date of termination; 3 ) by
mutual agreement of the parties or 4) in the event Fort Collins discontinues operation of
its treated water system. The parties acknowledge and agree that the obligations of Fort
Collins may be assigned or transferred by Fort Collins to any successor-in-interest
capable of providing water service consistent with the terms of the Agreement and all
applicable laws . In no event shall the District be entitled to a refund of fees or charges
paid to Fort Collins hereunder. Capacity of Treated Water purchased by the District at
the time of termination shall be adjusted to reflect the sum of amortized payment received
by the City.
11 , District Information. The District agree to cooperate with Fort Collins to
provide such information as Fort Collins may require in order to reconcile the records of
Fort Collins and the District, and request information in order to confirm the nature,
extent and circumstances of water treatment service utilized or accessed by the District or
connected to the Fort Collins water system. The parties acknowledge that all or portions
of the information provided hereunder may constitute confidential information pursuant
to the Colorado Open Records Act or other applicable law, and agree that Fort Collins
shall, as a condition of receipt of such information, protect the same from public
disclosure to the extent required by law.
12 . Water Quality Requirements . The City agrees to make its best efforts to
deliver potable water to the District under this Agreement that meets or exceeds the
quality standards for potable water that are required by the Environmental Protection
Agency (hereinafter referred to as "the EPA"), the Colorado Department of Public Health
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and Environment (hereinafter referred to as "the CDPHE") (hereinafter referred to
collectively as "the Water Quality Standards"). Responsibility for ensuring that the Water
Quality Standards are met for water delivered under this Agreement shall rest upon the
City up to the point of delivery and upon the District after the point of delivery. In
meeting the Water Quality Standards, the City and the District agree to comply with all
monitoring, testing, reporting and consumer notification requirements established by the
EPA and the CDPHE for potable water for their respective systems. In the event the City
or the District discovers that any water delivered, being delivered or to be delivered under
this Agreement does not meet in any respect the Water Quality Standards, it shall
immediately notify the other party of the problem by telephone, followed by written notice
of the problem.
13 . Force Majeure . Fort Collins shall provide the services as set forth herein,
subject to the general requirements applicable to the Fort Collins water system by law,
including the Code of the City of Fort Collins, as the same may from time to time be
modified or amended. Fort Collins shall not be liable for any failure, default or delay in
any service provided for under this Agreement caused by strikes, acts of God,
unavoidable accidents or contingencies of any nature whatsoever beyond its control.
14 . Default/Remedies . If either party fails to comply with the provisions of
this Agreement, the other party, after providing written notification to the noncomplying
party and upon the failure of the noncomplying party to achieve compliance within ninety
(90) days, may seek all such remedies as are available under Colorado law, including but
not limited to termination of this Agreement, actual damages, specific performance and
injunctive relief, or forfeiture of investment and all rights by the District to further service
by Fort Collins, as applicable, but excluding any exemplary and/or consequential
damages . In the event litigation is required to enforce this Agreement, the prevailing
party(ies) shall be entitled to payment by the defaulting party of its actual attorneys ' fees
and costs incurred. Nothing in this paragraph 14 or any other provision of this Agreement
shall, however, be construed as a waiver of the notice requirements, defenses,
immunities, and limitations any of the Parties may have under the Colorado
Governmental Immunity Act, C .R. S . § § 24- 10- 101 , et seq. , or any other defenses,
immunities, or limitations of liability available by law. The duties and obligations
imposed by this Agreement and the rights and remedies available hereunder to the parties
hereto are in addition to, and are not to be construed in any way as a limitation of, any
rights and remedies available to them which are otherwise imposed by law or regulation,
and the provisions of this paragraph will be as effective as if repeated specifically in the
Agreement in connection with each particular duty, obligation, right, and remedy to
which they apply.
15 . Applicable Law. The laws of the State of Colorado and rules and
regulations issued pursuant thereto, except for choice of laws principles, will be applied
in the interpretation, execution and enforcement of this Agreement. Any provision of this
Agreement, whether or not incorporated herein by reference, which provides for
arbitration by an extra judicial body or person or which is otherwise in conflict with said
laws, rules and regulations will be considered null and void. In addition, the parties
hereto recognize that there are legal constraints imposed upon them by the constitution,
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statutes, and rules and regulations of the State of Colorado and of the United States, and
imposed upon them by their respective governing statutes, charters, ordinances, rules and
regulations, and that, subject to such constraints, the parties intend to carry out the terms
and conditions of this Agreement. Notwithstanding any other provision of this
Agreement to the contrary, in no event shall either of the parties exercise any power or
take any action which shall be prohibited by applicable law. Whenever possible, each
provision of this Agreement shall be interpreted in such a manner so as to be effective
and valid under applicable law.
16 . Notices . Other than invoice billings which may be sent by first class mail
or electronic mail, any notice, request, demand, consent or approval, or other
communication required or permitted hereunder will be in writing and may be personally
delivered, or deposited in the United States mail or accepted for delivery by an overnight
delivery service, with proper postage and address as follows :
To the District District Manager
or the District Fort Collins-Loveland Water District
Enterprise : 5150 Snead Dr.
Fort Collins, CO 80525
To the City: Utilities Executive Director
or the City City of Fort Collins
Enterprise P . O . Box 580
700 Wood Street
Fort Collins, CO 80522-0580
Any party hereto may at any time designate a different person or address for purposes of
receiving notice by so informing the other parties in writing. Notice shall be deemed
effective upon actual receipt thereof, or three (3 ) days after being deposited in the United
States mail or accepted by an overnight delivery service, whichever first occurs .
17 . Complete Agreement. This Agreement, including all exhibits, supersedes
any and all prior written or oral agreements and there are no covenants, conditions, or
agreements between the parties except as set forth herein. No prior or contemporaneous
addition, deletion, or other amendment hereto will have any force or affect whatsoever
unless embodied herein in writing.
18 . No Third Party Beneficiary. The terms and conditions of this Agreement,
and all rights of action relating thereto, are strictly reserved to the parties, and nothing in
this Agreement shall give or allow any claim or right or cause of action whatsoever by
any other person not included in this Agreement. Any person and/or entity, other than
the parties receiving services or benefits under this Agreement, shall be deemed an
incidental beneficiary only.
19 . No Improper Acts . The signatories aver that to their knowledge, no
officer or employee of their respective entities has taken any action in connection with
the negotiation or approval of this Agreement that constitutes a violation of Colorado
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law, including but not limited to the abuse of fiduciary duty to the people of the State of
Colorado, failure to properly disclose any conflict of interest in the service or property
described herein, or failure to comply with the requirements of Section 24- 18- 109 and
Section 32- 1 -902 of the Colorado Revised Statutes, as they may from time to time be
amended or renumbered.
20 . No Waiver. The waiver or delay of enforcement of one or more terms of
this Agreement shall not constitute a waiver of the remaining terms . The waiver or delay
in enforcement regarding any breach of this Agreement shall not constitute a waiver of
any terms of the Agreement.
21 . Relationship of Parties . This Agreement does not create and shall not be
construed as creating a relationship of joint ventures, partners, or employer-employee,
between the Parties . The Parties intend that this Agreement be interpreted as creating an
independent contractor relationship . Pursuant to that intent, it is agreed that the conduct
and control of the duties required by the Agreement shall lie solely with each Party
respectively, and each Party shall be free to exercise reasonable discretion in the
performance of its individual duties under this Agreement. Neither Party shall, with
respect to any activity, be considered an agent or employee of the other Party.
22 . Modification of Agreement. This Agreement may be modified, amended,
changed or terminated, except as otherwise provided herein, in whole or in part, only by
an agreement in writing duly authorized and executed by both Parties . No consent of any
third party shall be required for the negotiation and execution of any such agreement.
23 . Assi mom. No transfer or assignment of this Agreement or of any rights
hereunder shall be made by either Party without the prior written consent of the other, which
consent shall not be unreasonably withheld.
24. Severability. In the event any court of competent jurisdiction shall hold
any provision of this Agreement invalid or unenforceable, such holding shall not invalidate
or render unenforceable any other provision hereof.
25 . Venue For Enforcement Actions . In the event of a dispute between the
parties which results in litigation, the exclusive venue for such action shall be the District
Court in and for the County of Larimer, State of Colorado .
26 . Instruments of Further Assurance. The Parties each covenant that they will
do, execute, acknowledge, and deliver or cause to be done, executed, acknowledged, and
delivered, such acts, instruments, and transfers as may be reasonably required for the
performance of their obligations hereunder.
27 . Binding Agreement. The terms, provisions and covenants of this
agreement shall be binding upon the parties hereto, their successors and assigns .
10
IGA FOR WATER TREATMENT
September 30, 2013
IN WITNESS WHEREOF, the said City has caused this agreement to be executed
by its Mayor, attested to by its City Clerk with the corporate seal of said City hereunto
affixed, the said District have caused this agreement to be executed by its president, and
the City Enterprise and the District Enterprise have each cause this agreement to be
executed by its respective president, as of the day and year first above written, in
duplicate.
THE CITY OF FORT COLLINS
A Municipal Corporation
By:
Mayor
ATTEST : APPROVED AS TO FORM :
City Clerk Deputy City Attorney
CITY OF FORT COLLINS WATER
UTILITY ENTERPRISE
An Enterprise of the City
By:
Enterprise President
ATTEST :
Enterprise Secretary
FORT COLLINS-LOVELAND
WATER DISTRICT,
A Political Subdivision of the State of
Colorado
ATTEST : By:
President
Secretary
11
IGA FOR WATER TREATMENT
September 30, 2013
FORT COLLINS - LOVELAND
WATER DISTRICT ENTERPRISE,
An Enterprise of the District
ATTEST : By:
President
Secretary
12
EXHIBIT A
City of Fort Collins and Fort Collins - Loveland Water District
IGA for Water Treatment Service Capacity
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392
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p�I/11/11mv�E Exhibit A an Points of Deli
N�1111very
W 1 • Points of Delivery
s
0 1 2 3Miles Fort Collins Utilities (Water)
CITY OF FORTCOLLINS
GEOGRAPHIC INFOR INFORMATION Fort Collins- Loveland Water District
These map products and all undertying data are developed for use by the City of Fat Collins for his internal puposesonly, City of
II
and rmnle not resigned m intended bifor general use by members of the public. The City makes no represemt�on or _ t V O\ \ I n
my abes aaumry, timdfor general
mess, mb in of the public
accuracy in Iabdirg or Jsplayimti r--�--�
dimensions, mum, pmpertymundaies, orplacementoflmationoharymapf urP temm. THECHYOFFORT 1 City Limits
COLLINS MNIES NO WARRANTY OF MERCHANTABILITY OR WANIRANF Y FOR FITNESS OF USE FOR
PARRCUI RMWOSE, E MESSEDORIMPUED, WII RESPECTTOTHESEMABPRODUUSORTHE L _ _ __ _ ,
UNDERLYING DATA My users of these map products, nap applications, or data accepts them AS IS, WITH ALL - G I S
FAULTS, and assumes all responsibility of the use thereof, and fuller mvemartis and agrees to hold the Oty hamkss as — in 1
from all against all damage, loss, or Ill ansing from any use of this map protlmt, in consideration of the QNsImi I Growth Management Area
Qh�eproducbs, orunderlyirojdata
s infoma•im available. Independent winfical on of all data contained heron should be oldooned by any users of
. The City disdains all shall not be held liableforary andall damage, loss,car - _heeler dreg, indirect, car consequential,which arises a may arise from these rrep pmtlucts a the use thereof - -
rsmorently Printed: October 07 , 2013
Mx¢ FCLWD IGA