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
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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
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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
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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