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HomeMy WebLinkAbout1995-164-11/21/1995-AGREEMENTS BOXELDER SANITATION DISTRICT LARIMER COUNTY MEMORANDUM OF AGREEMENT POUDRE RIVER BASIN RE RESOLUTION 95-164 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY TO ENTER INTO AGREEMENTS CONCERNING THE CITY'S PARTICIPATION IN AND THE PAYMENT FOR A REGIONAL WASTEWATER TREATMENT STUDY FOR THE CACHE LA POUDRE RIVER BASIN WHEREAS, the City of Fort Collins (the "City") as a member of the North Front Range Water Quality Planning Association (the "Association") has been participating in discussions with other members in the Association, specifically the Boxelder Sanitation District, the South Fort Collins Sanitation District, the town of Timnath, the town of Windsor and Larimer County, concerning the future regional wastewater treatment needs in the Cache La Poudre River Basin from Fort Collins to Windsor(the "Poudre River Basin"); and WHEREAS, out of these-discussions has been identified the need for the City and the other said governmental entities in the Association to cooperate in a study to be conducted concerning the feasibility of future regional cooperation for wastewater treatment services in the Poudre River Basin (the "Study"); and WHEREAS, in order to implement and complete the Study, it is necessary of the City and the other governmental entities to enter into an agreement concerning the terms and conditions of their cooperation in the Study; and WHEREAS, attached hereto as Exhibit "A" and incorporated herein by reference is the proposed "Memorandum of Understanding Concerning Completion of a Regional Wastewater Treatment Study in the Cache La Poudre River Basin" which sets for the terms and conditions of cooperation between the City and the other governmental entities (the "MOU"); and WHEREAS, the MOU provides that the Study will be administered by the Association and paid for, in part, by a$50,000 grant from the Environmental Protection Agency, with the remainder of the costs to be paid by the City, up to a maximum amount of$100,000; and WHEREAS, attached hereto as Exhibit `B" and incorporated herein by reference is a "Memorandum of Agreement Concerning Payment for Consultant Services for the Poudre River Regional Wastewater Study" (the "MOA") between the City and the Association which sets forth the City's obligation to pay up to $100,000 fbrthe cost of the Study; and WHEREAS, Section 16 of Article 11 of the Charter of the City of Fort Collins provides that City Council may approve,by resolution,the City entering into agreements concerning cooperative or joint activities with other governmental bodies; and WHEREAS, the City Council believes that it is in the best interests of the City to enter into the MOU and the MOA in order to provide for the implementation and completion of the Study. NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, the Mayor be, and hereby is, authorized to execute the MOU and the MOA on behalf of the City. Passed and adopted at a regular meeting of the Council e ty of Fort Colli Id this 21st day of November, A.D. 1995. Mayor ATTEST: City Clerk EXHIBIT A MEMORANDUM OF UNDERSTANDING CONCERNING COMPLETION OF A REGIONAL WAS T EWATCR TREAT MEN T STUDY IN THE CACHE LA POUDRE RIVER BASIN Puroose This Memorandum of Understanding (MOU) provides the mechanism for agreement by the participating entities to conduct a study of the feasibility of regional cooperation in water quality management planning for wastewater treatment services in the Cache la Poudre River Basin between Fort Collins and Windsor, ("the Study"). The parties to this MOU include the Boxelder Sanitation District, City of Fort Collins, Larimer County, the South Fort Collins Sanitation District, Town of Timnath, and the Town of Windsor. Each party to this MOU has an equal vote in the decisions made by the group as a whole during the conduct of the Study, which vote shall be exercised through the Management Committee as provided herein. Consequently, there is an expressed expectation of joint participation and cooperation in completing the Study and arriving at recommendations. This MOU may be executed by each of the participating entities, jointly or in counterpart; and when such entities have executed this MOU, jointly or in counterpart, such executed copies shall be deemed a full and complete MOU between those entities executing such MOU. Scooe The Study %,will examine alternatives forprovision of the necessary wastewater treatment facilities in the Study area through 2040. The study area will include those portions of Larimer and Weld counties in the Cache la Poudre River Basin, including the City of Fort Collins and areas served by the City, the areas served by the Boxelder Sanitation District and the South Fort Collins Sanitation District, the 1 of 3 Cache Is Poudre River Basin Regional Wastewater Treatment Study MOU Town of Timnath, the Town of Windsor, and possible additional unincorporated areas of Larimer county located within the Cache la Poudre River Basin which may be developed and require sanitation services. Organization A management committee will be formed, made up of one representative and one alternate from each participating entity. Each representivie shall have one vote, and all decisions of the Management Committee shall be decided by a majority vote of all the representives. Decisions regarding the direction of the Study or other matters of concern will be made by the Management Committee. The Manager of the North Front Range Water Quality Planning Association (NFRWQPA) will act as project coordinator for the Study and will schedule meetings on an as-needed basis. Procedure The Study will be directed by the Management Committee. The Management Committee will be provided assistance in administering and coordinating the Study by the staff of the NFRWQPA and the staff of the Larimer County Department of Environmental Health (DEH). The NFRWQPA will contract with an engineering consultant to perform the Study according to a detailed scope of services to be developed by NFRWQPA staff and the participating entities and to be approved by the Management Committee. Financing The Study will be financed in part by an Advance of Allowance Grant from the Colorado Department of Health and Environment and the Environmental Protection Agency of $50,000 on behalf of the South Fort Collins Sanitation District and the Town of Timnath. The grant will be made to Larimer County, who will administer the grant funds. The remainder of the cost of the Study will be borne by the City of Fort Collins, up to a maximum of $100,000. All components, procedures, and processes of the Study will comply with applicable grant regulations and appropriate financial accountability practices. Agreements between Larimer County 2of3 Cache la Poudre River Basin Regional Wastewater Treatment Study MOU and the entities to whom the grant is made will be required for administration of the grant funds along with agreements between NFRWQPA and Larimer County and Fort Collins concerning the payment for the consultant's services. Agreement Entities which, by signing this MOU, agree to participate in the Study shall cooperate in the Study and provide applicable and necessary information to the consultants to perform their duties in completing the Study. Determination of the recommended alternative will be made by the Management Committee; however, no entity will be obligated to participate in a final regional solution due to its p-artiraiWui—T irT the Study. Signature Date Signature Date Larimer County South Fort Collins Sanitation District Signature Date Signature Date City of Fort Collins Town of Timnath Signature Date Signature Date Boxelder Sanitation District Town of Windsor 3of3 EXHIBIT B MEMORANDUM OF AGREEMENT CONCERNING PAYMENT FOR CONSULTANT SERVICES FOR THE POUDRE RIVER REGIONAL WASTEWATER STUDY THIS AGREEMENT is made by and between the City of Fort Collins, Colorado ("City") and the North Front Range Water Quality Planning Association ("Association"). WHEREAS, a regional wastewater planning study in the Cache la Poudre River Basin between the cities of Fort Collins and Windsor is to be conducted; and WHEREAS, the parties participating in the study include the City of Fort Collins, the Towns of Timnath and-Windsor, the Boxelder and-South Fort Collins Sanitation Districts, and Larimer County; and WHEREAS, the City has agreed to pay up to a maximum of $100,000 toward study costs and the remainder of the study will be paid for through a $50,000 grant from the Colorado Department of Health and EPA to the Town of Timnath and the South Fort Collins Sanitation District, which grant will be administered by Larimer County; and WHEREAS, the Association, on behalf of the parties to the study, will contract with a consulting engineering firm to perform the study and will bill the City of Fort Collins and Larimer County, on behalf of the grant recipients, for their appropriate shares of the study costs, respectively. NOW, THEREFORE, IT IS AGREED BY THE PARTIES, as follows: 1) That the Association will approve bills as submitted by the contracting consultant and forward to the City for payment an invoice for the proportional share of each bill attributable to the City. 2) That the City will process and pay directly to the contractor all such invoices submitted by the Association. 3) The amount of the study cost to be paid for by the City will be a maximum of $1 00,000; ati&the share of each contractor's bill to be paid by the city will be (T-50) =T times the bill amount, where T is the total study cost in thousands of dollars, estimated to be between 100 and 150. IN WITNESS WHEREOF, the parties hereto have set their hands and seals. Signature Date Signature Date City of Fort Collins North Front Range Water Quality Planning Association