HomeMy WebLinkAbout1998-160-12/01/1998-AUTHORIZING THE MAYOR TO EXECUTE AN IGA WITH THE FORT COLLINS-LOVELAND WATER DISTRICT, FORT COLLINS- RESOLUTION 98-160
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL
AGREEMENT WITH THE FORT COLLINS-LOVELAND WATER DISTRICT,
THE FORT COLLINS-LOVELAND WATER DISTRICT ENTERPRISE, THE
SOLDIER CANYON FILTER PLANT AND THE CITY OF FORT COLLINS
WATER UTILITY ENTERPRISE FOR THE DELIVERY OF POTABLE WATER
WHEREAS, the City of Fort Collins (the "City") owns a water utility that acquires, treats,
transmits and distributes potable water through a variety of water utility facilities located within the
city; and
WHEREAS, the Fort Collins-Loveland Water District (the "District') is a special District
organized and existing under Colorado law that also operates a water utility which acquires, treats,
transmits and distributes potable water through a variety of water utility facilities located within
Larimer County, Colorado; and
WHEREAS,the City and the District have been exploring the possibility of sharing the use
of their respective water utility facilities in order to avoid expensive duplication of such facilities,
as well as to find ways to optimize the use of their respective water resources; and
WHEREAS,the City and the District believe they can achieve these results by entering into
an agreement whereby the parties agree to deliver potable water to each other; and
WHEREAS, the terms and conditions pursuant to which the City and the District would
exchange potable water are set forth in the "Intergovernmental Agreement for the Delivery of
Potable Water," a copy of which is attached hereto as Exhibit "A" and incorporated herein by
reference (the "Agreement'); and
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.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Council hereby approves the Agreement and authorizes the Mayor to execute the
Agreement on behalf of the City.
Passed and adopted at a regular meeting of the City Council held this 1 st day of December
A.D. 1998.
Mayor Pro Tern
ATTEST:
City Clerk
EXHIBIT A
INTERGOVERNMENTAL AGREEMENT
FOR THE DELIVERY OF POTABLE WATER
This Agreement is made and entered into this _ day of 1998, by and
between the CITY OF FORT COLLINS,a Colorado municipal corporation,(hereinafter referred to
as"the City"),the CITY OF FORT COLLINS WATER UTILITY ENTERPRISE, an enterprise of
the City (hereinafter referred to as "the City Enterprise"), 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"), and SOLDIER CANYON
FILTER PLANT, a governmental entity created under State law by intergovernmental agreement
(hereinafter referred to as "Soldier Canyon").
WITNESSETH :
WHEREAS,the City is a home rule municipality organized and existing under Colorado law
that owns a water utility which acquires,treats,transmits and distributes potable water(hereinafter
referred to as "the City Water Utility"); and
WHEREAS,in doing so,the City owns and the City Water Utility operates a water treatment
plant located at 4316 West LaPorte Avenue,Fort Collins, Colorado (hereinafter referred to as "the
City's Treatment Plant"); and
WHEREAS, the City Water Utility distributes potable water to its customers through a
variety of water transmission facilities located within the City(hereinafter referred to as"the City's
Transmission Facilities"); and
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WHEREAS,the District is a special district organized and existing under Colorado law that
also operates a water utility which distributes potable water through a variety of water transmission
facilities located within Larimer County, Colorado (hereinafter referred to as "the District's
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 ofthe 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
WHEREAS, the District has previously entered into that certain "Amended
Intergovernmental Agreement" dated December 9, 1995, (hereinafter referred to as "the Soldier
Canyon IGA")with the East Larimer County Water District(hereinafter referred to as"ELCO")and
the North Weld County Water District(hereinafter referred to as "North Weld"); 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 West
LaPorte Avenue, Fort Collins, Colorado, which is jointly owned by the District,ELCO and North
Weld(hereinafter referred to as "the Soldier Canyon Treatment Plant"); and
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WHEREAS,pursuant to C.R.S. Section 29-1-203(1),governmental entities in Colorado are
authorized to cooperate or contract with one another to provide any function, service or facility
lawfully authorized to each of the cooperating or contracting governmental entities; and
WHEREAS,the City and the District have been exploring the possibility of sharing the use
of their respective water facilities in order to avoid expensive duplication of these facilities, as well
as to find ways to optimize the use of their respective water resources; and
WHEREAS,the City and the District believe that they can achieve these results by entering
into this Agreement whereby the parties agree to exchange potable water in accordance with the
terms and conditions of this Agreement; and
WHEREAS, it is also the desire of the City to enter into a similar cooperative
intergovernmental agreement with ELCO and North Weld in the future when it becomes
advantageous for the City and these districts to do so; and
WHEREAS, the City and the District previously entered into that certain "Agreement
between the City of Fort Collins and the Fort Collins-Loveland Water District for the Sale of Treated
Water" dated December 3 1, 1990(hereinafter referred to as"the Water Purchase Agreement");and
WHEREAS, the District currently purchases potable water from the City under the Water
Purchase Agreement,with the City delivering to the District,for monetary consideration,up to five
(5)million gallons of potable water per day; and
WHEREAS,this potable water is delivered by the City to the District at the following two
(2) delivery points: (a) the existing connection between the City's Transmission Facilities and the
Districts Transmission Facilities located in Fort Collins, Colorado, at the southeast comer of the
intersection of Taft Hill Road and the newly relocated Harmony Road(hereinafter referred to as the
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"Southwest Delivery Point"); and (b) the existing connection between the City's Transmission
Facilities and the District's Transmission Facilities located in Fort Collins, Colorado, on the west
side of County Road 9, one-half mile south of Harmony Road (hereinafter referred to as the
"Southeast Delivery Point"); and
WHEREAS, the City and the District have now decided to terminate the Water Purchase
Agreement and to enter into this Agreement in its place; and
WHEREAS,the City's and the District's objective under this Agreement is to establish the
framework and the mechanisms by which they can work cooperatively to exchange potable water,
thereby sharing water treatment and transmission facilities so as to avoid the expense of duplicating
them in the future and thereby optimizing their respective water supplies.
NOW, THEREFORE, in consideration of the parties' mutual promises and agreements
contained herein, and other good and valuable consideration,the receipt and accuracy of which are
hereby acknowledged,the parties hereto agree as follows:
1. Term of Agreement. The obligations of the parties under this Agreement shall be perpetual
in duration and shall not expire unless terminated as provided in paragraph 1 Lor 12. below.
2. Termination of Water Purchase Agreement. The City and the District hereby agree that as of
the date of this Agreement the Water Purchase Agreement is terminated,thereby rendering it null and
void and of no further effect. The City and District further agree that this Agreement shall replace
and supersede in all respects the Water Purchase Agreement.
3. Delivery of Potable Water to the District. When requested by the District, the City, acting
through the City Water Utility, shall deliver potable water to the District at the Southwest Delivery
Point,the Southeast Delivery Point and the Soldier Canyon Treatment Plant,subject to the following
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terms and conditions:
A. In making its request, the District shall designate to the City the date delivery is
desired,the point of delivery and the amount of water to be delivered;
B. In responding to the District's request, the City shall only be obligated to honor the
District's request to the extent it legally and physically has surplus potable water
available after meeting all the needs of the customers of the City Water Utility(unless
prior to the designated delivery date,the District has delivered an equivalent amount
of potable water to the City at the City's Treatment Plant to replace the amount of
water to be delivered to the District at the Southwest Delivery Point or the Southeast
Delivery Point) and provided that it is reasonably practicable for the City to deliver
the requested water by the date designated by the District; and
C. In no event, however, shall the City be obligated under this Agreement to deliver to
the District more than nine (9) million gallons of potable water in any given day or
more than 1.25 billion gallons of potable water in any Fiscal Year. (A"Fiscal Year",
for purposes of this Agreement,shall mean November 1 of a year to October 31 of the
following year.)
4. Delivery of Potable Water to the City. When requested by the City,the District shall deliver
potable water to the City at the City's Treatment Plant,subject to the following terms and conditions:
A. In making its request, the City shall designate to the District the date delivery is
desired and the amount of water to be delivered;
B. In responding to the City's request, the District shall only be obligated to honor the
City's request to the extent it legally and physically has surplus potable water
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available after meeting all the needs of its customers and provided that it is reasonably
practicable for the District to deliver the requested water by the date designated by the
City; and
C. In no event,however, shall the District be obligated under this Agreement to deliver
to the City more than nine (9) million gallons of potable water in any given day or
more than 1.25 billion gallons of potable water in any Fiscal Year.
5. Compensation for Water Delivered. At the end of every Fiscal Year,the City and the District
shall perform an accounting to determine the amount of potable water delivered by each parry to the
other during such Fiscal Year. It is the intent of the City and the District under this Agreement that,
to the extent reasonably practicable,the amount of potable water delivered by each party to the other
in any given Fiscal Year will be equal and,therefore,no compensation will be owed by either parry
to the other,except for the transmission charge hereinafter provided. If,however,in any Fiscal Year
the City or the District is delivered an amount of potable water that is two percent(2%)or greater than
the amount delivered to the other party for that Fiscal Year, the party receiving the greater amount
shall owe the other party compensation for the difference between the two amounts delivered
calculated at the rate of$0.36 per thousand gallons. If such compensation is owed by the City,it shall
be the legal obligation of the City Enterprise, and if it is owed by the District it shall be the legal
obligation of the District Enterprise. Such compensation shall be paid within sixty(60)days after the
end of the Fiscal Year for which the compensation is owed and it shall be paid by the City Enterprise
and the District Enterprise solely from the net revenues of their respective water utilities. In the event,
however, that in any given Fiscal Year the respective amounts delivered to the City and the District
are not equal, but the difference between the two amounts is less than two percent (2%), no
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compensation shall be owed for that Fiscal Year,but such difference shall be carried over and taken
into account in the following Fiscal Year.
In addition to the payment of any compensation as may be hereinabove required,the District
Enterprise shall pay an annual transmission charge to the City for all potable water delivered by the
City to the District at the Southwest Delivery Point and at the Southeast Delivery Point. This
transmission charge shall be at the rate of$6,750 per million gallons so delivered by the City to the
Southwest Delivery Point on the day of highest peak delivery to the District at such delivery point
during the Fiscal Year. The transmission shall be at the rate of$14,750 per million gallons so
delivered by the City to the Southeast Delivery Point on the day of highest peak delivery to the
District at such delivery point during the Fiscal Year. At the end of each Fiscal Year,the City shall
invoice the District Enterprise for the total transmission charges for that Fiscal Year and the District
Enterprise shall pay them within thirty(30)days of receipt of the invoice. Transmission charges shall
not be owed for any deliveries of potable water to the CityI s Treatment Plant or to the Soldier Canyon
Treatment Plant.
6. Water Quality. All potable water delivered to the City by the District and by the District to
the City under this Agreement shall meet or exceed all quality standards for potable water that are
required by the Environmental Protection Agency (hereinafter referred to as "the EPA"), required
by the Colorado Department of Public Health and Environment (hereinafter referred to as "the
CDPHE"),and that are set forth in Exhibit"A"attached hereto and incorporated herein by reference
(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
party delivering the water up to the point of delivery and upon the party receiving the water after the
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point of delivery. In the event the EPA or CDPHE imposes a water quality standard on the City or
the District that is stricter than the standard required of the other,each party shall be required to meet
that stricter standard for all potable water it delivers under this Agreement. In meeting the Water
Quality Standards,the City and the District agree to comply with all monitoring,testing and reporting
requirements established by the EPA and the CDPHE for potable water and to comply with the
minimum monitoring standards set forth in Exhibit"A".
In the event the City or the District discovers that any water delivered,being delivered or to
be delivered by it 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. In responding to and remedying any such problem,the party delivering the water shall
follow the protocol set out in Exhibit`B"attached hereto and incorporated herein by reference.
Regardless of the foregoing, if at anytime and for any reason the City or the District has a good faith
concern about whether the potable water to be delivered or being delivered to it under this Agreement
meets all of the Water Quality Standards, it may refuse to accept such water. Such refusal shall not
be considered as a breach of or default under this Agreement. The City and the District further agree
to notify the other party in writing of any proposed change to their respective water treatment
processes before implementing such change if it could affect the quality of potable water delivered
under this Agreement.
7. Metering. In order to accurately account for the potable water delivered under this Agreement,
metering,recording and telemetry devices shall be installed and maintained at the points of delivery
specified in this Agreement. The District shall be responsible for furnishing, installing and
maintaining such devices at the Southwest Delivery Point, the Southeast Delivery Point and the
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Soldier Canyon Treatment Plant. The City shall be responsible for furnishing, installing and
maintaining these devices at the City's Treatment Plant. The City and the District agree to share with
each other the data from their respective metering devices.
8. Maintenance and Repairs. If the City or the District anticipate that any scheduled maintenance
or repair of their respective facilities could significantly interfere with the delivery of potable water
under this Agreement,they shall give the other party,if reasonably practicable,at least seven(7)days
prior written notice of the scheduled maintenance or repairs. Also,when reasonably practicable,the
City and the District shall attempt to schedule such maintenance and repairs during periods of low
demand by the other party for potable water under this Agreement. If, however, an unscheduled
interruption of service under this Agreement occurs and in order to restore such service it is necessary
to make repairs to the affected facilities,the party whose facilities are affected shall promptly notify
the other party of the problem and proceed with due diligence to make the needed repairs.
9. Soldier Canyon's Obligations. Soldier Canyon is made a party to this Agreement for the sole
purpose of hereby agreeing to perform all of the District's obligations under this Agreement as they
involve or relate to the operations of the Soldier Canyon Treatment Plant including, without
limitation: (a) satisfying the Water Quality Standards and the testing, monitoring and reporting
requirements and standards set forth in paragraph 6.above;(b)fumishing,installing and maintaining
metering, recording and telemetry devices pursuant to paragraph 7. above; and (c) satisfying the
obligations related to maintenance and repairs as set forth in paragraph 8. above.
10. Future Coouerative Intergovernmental A¢reements. The parties acknowledge that Soldier
Canyon is a separate governmental entity created by the District,North Weld and ELCO(hereinafter
referred collectively as "the Water Districts") pursuant to the Soldier Canyon IGA. The parties
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further acknowledge that each of the Water Districts owns an undivided one-third interest in and to
the Soldier Canyon Treatment Plant which is used by the Water Districts and/or their respective water
enterprises for the treatment and distribution of potable water. Soldier Canyon hereby represents,and
the City hereby acknowledges,that a material part of the consideration for Soldier Canyon to enter
into this Agreement is a stated desire and intent of the City to enter into similar cooperative
intergovernmental agreements with ELCO and North Weld in the future, provided that such
agreements shall be in the best interests of the City and provided further the City,acting through the
City Water Utility, shall have sufficient water resources and water treatment and transmission
capacity to enter into such cooperative agreements. The provisions of this paragraph 10.are intended
to acknowledge and represent the present intent and desire of the City and are not and shall not be
deemed a legally binding obligation of the City to enter into any such agreements with ELCO and/or
North Weld in the future.
11. Termination for Breach. Both the City and the District may terminate this Agreement upon
a material breach by the other party of any term or condition of this Agreement if such breach
continues for a substantial and unreasonable period of time, but in any event if the breach has
continued for a period of sixty(60)days after receipt by the breaching party from the non-breaching
party of a written notice of the existence of such breach. Notwithstanding any provision contained
herein to the contrary, in no event shall the City or the District terminate this Agreement if the party
at fault proceeds, after receiving said notice, with due diligence to correct or rectify the material
breach regardless of the duration of such breach. Termination of this Agreement shall not,however,
be the sole remedy of either party and any exercise of this right to terminate shall not preclude the
pursuit of any other remedy available in law or in equity to the non-breaching party.
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12. Early Termination. At any time and for any reason, the City and the District may each
terminate this Agreement upon giving the other party at least five(5)years prior written notice of
such termination. The written notice shall state the specific date upon which such termination shall
be effective.
13. Force Mature. Notwithstanding anything contained herein to the contrary, it is agreed that
in the event and to the extent that fire,flood,earthquake,natural catastrophe,explosion,accident,war,
illegality, act of God, or any other cause beyond the control of any party hereto, or strikes or labor
troubles(whether or not within the power of the party affected to settle the same)prevents or delays
performance by any party to this Agreement,such party shall be relieved of the consequences thereof
without liability, so long as and to the extent that performance is prevented by such cause;provided,
however, that such party shall exercise due diligence in its efforts to resume performance within a
reasonable period of time.
14. Cooperation of the Parties. The City,the District and Soldier Canyon acknowledge that it is
difficult to anticipate all of the activities, situations and other factors which may be relevant to them
in satisfying their respective obligations under this Agreement. Therefore,the parties acknowledge
that it will be necessary for them to cooperate with each other relative to any such unforeseen
situations. In furtherance thereof, the City, the District and Soldier Canyon agree that at the end of
every Fiscal Year, their representatives shall meet to discuss, in good faith, any modifications that
any party believes necessary or appropriate to this Agreement in order to avoid an inequitable
situation. In the event that the parties shall mutually agree to any such modification,it shall only be
effective if set forth in writing and signed by all of the parties hereto. Toward this end,the City,the
District and Soldier Canyon also agree to the formation of a Water Cooperation Committee
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(hereinafter referred to as "the Committee")that shall be formed to meet regularly to review policy
matters related to water quality standards, monitoring frequencies, capital improvements, major
operational changes and joint emergency management issues related to the City's,the District's and
Soldier Canyon's cooperation and performance under this Agreement. The Committee shall consist
of eight(8)members,four(4)members selected by the City and four(4)members selected by Soldier
Canyon. The Committee shall also be responsible for reviewing any modification to this Agreement
proposed by the parties and to make a recommendation to the parties as to whether such modification
should be made.
15. Governing Law and Enforceability. This Agreement shall be construed in accordance with
the laws of the State of Colorado. In addition, the parties hereto recognize that there are legal
constraints imposed upon the City,the District and Soldier Canyon by the constitutions,statutes, and
rules and regulations of the State of Colorado and of the United States, and imposed upon them by
the City Charter and City Code, 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 any of the parties hereto 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. Indemnification.
A. In connection with the City's performance of its obligations under this Agreement,
the City agrees to indemnify and hold harmless the District and Soldier Canyon, and their
respective officers and employees,against all liabilities,claims and demands which arise from
any negligent act or omission of the City, or of its officers or employees,provided that such
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act or omission by the City's officers or employees occurred during the performance of their
duties and within the scope of their employment. In addition,the City agrees to indemnify
the District and Soldier Canyon, and their respective officers and employees, from all costs
and expenses related to defending such liabilities, claims and demands, including but not
limited to, litigation costs and reasonable attorney's fees whether or not any such liabilities,
claims and demands are groundless, frivolous, false or fraudulent. However, the City, the
District and Soldier Canyon acknowledge that all such liabilities, claims and demands shall
be subject to any notice requirements, defenses, immunities and limitations of liability that
the City and its officers and employees may have under the Colorado Governmental
Immunity Act (C.R.S. Section 24-10-101, et seq.) and under any other law.
B. In connection with the District's performance of its obligations under this Agreement,
the District agrees to indemnify and hold harmless the City and Soldier Canyon, and their
respective officers and employees,against all liabilities,claims and demands which arise from
any negligent act or omission of the District, or of its officers or employees, provided that
such act or omission by the District's officers or employees occurred during the performance
of their duties and within the scope of their employment. In addition, the District agrees to
indemnify the City and Soldier Canyon, and their respective officers and employees, from
all costs and expenses related to defending such liabilities,claims and demands,including but
not limited to, litigation costs and reasonable attorney's fees,whether or not such liabilities,
claims and demands are groundless, frivolous, false or fraudulent. However, the City, the
District and Soldier Canyon agree that all such liabilities,claims and demands shall be subject
to any notice requirements, defenses, immunities and limitations of liability that the District
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Y • •
and its officers and employees may have under the Colorado Governmental Immunity Act
(C.R.S. Section 24-10-101, et seq.) and under any other law.
C. In connection with Soldier Canyon's performance of its obligations under this
Agreement, Soldier Canyon agrees to indemnify and hold harmless the City and the District,
and their respective officers and employees,against all liabilities,claims and demands which
arise from any negligent act or omission of Soldier Canyon, or of its officers or employees,
provided that such act or omission by Soldier Canyon's officers or employees occurred during
the performance of their duties and within the scope of their employment. In addition,Soldier
Canyon agrees to indemnify the City and the District, and their respective officers and
employees, from all costs and expenses related to defending such liabilities, claims and
demands,including but not limited to,litigation costs and reasonable attorney's fees,whether
or not such liabilities, claims and demands are groundless, frivolous, false or fraudulent.
However,the City,the District and Soldier Canyon agree that all such liabilities, claims and
demands shall be subject to any notice requirements,defenses,immunities and limitations of
liability that Soldier Canyon and its officers and employees may have under the Colorado
Governmental Immunity Act(C.R.S. Section 24-10-101, et seq.) and under any other law.
17. Inspection of Records. Each party agrees to allow each of the other parties to this Agreement
to inspect and co at reasonable times with reasonable v p copy advance notice, all of its relevant records
needed by any other party to verify the quantities ofpotable water delivered under this Agreement and
to verify compliance with the standards and requirements of paragraphs 6., 7., 8. and 9. above.
18. Assi mg i ent. This Agreement shall not be assigned by any of the parties hereto without the
prior written consent of all the other parties hereto.
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19. Notices. Other than invoice billings which may be sent by first class mail,whenever written
notice is required or permitted to be given hereunder by one party to another, it shall be given effect
by hand delivery or by mailing the same by certified mail, return receipt requested, to the party to
whom given. Notices shall be addressed as follows:
If to the City to: With a copy to:
Fort Collins Utility Services Fort Collins City Attorney
Attn: General Manager of Utility Services City of Fort Collins
700 Wood Street 300 LaPorte Avenue
Fort Collins, CO 80521 Fort Collins, CO 80521
If to the District to: With a copy to:
Fort Collins-Loveland Water District Soldier Canyon Filter Plant
Attn: District Manager Attn: Plant Manager
4700 South College Avenue 4424 West LaPorte Avenue
Fort Collins, CO 80525 Fort Collins, CO 80521
If to Soldier Canyon to: With a copy to:
Soldier Canyon Filter Plant Fort Collins-Loveland Water District
Attn: Plant Manager Attn: District Manager
4424 West LaPorte Avenue 4700 South College Avenue
Fort Collins, CO 80521 Fort Collins, CO 80525
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 by certified mail shall be deemed effective
upon actual receipt thereof or three(3)days after being deposited in the United States mail,whichever
first occurs.
20. Waiver. No waiver by any of the parties hereto of any of the terms and conditions of this
Agreement shall be deemed to be or shall be construed as a waiver of any other term or condition,nor
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shall a waiver of any breach of this Agreement be deemed to constitute a waiver of any subsequent
breach of the same provision of this Agreement.
21. Construction. This Agreement shall be construed according to its fair meaning and as if it was
prepared by all the parties hereto and shall be deemed to be and contain the entire agreement between
the parties hereto. There shall be deemed to be no other terms,conditions,promises,understandings,
statements or representations, expressed or implied, concerning this Agreement, unless set forth in
writing and signed by all of the parties hereto. Paragraph headings in this Agreement are for
convenience of reference only and shall in no way define,limit or prescribe the scope or intent of any
provision of this Agreement.
22. Severability. If any provision of this Agreement, or the application of such provision to any
person, entity or circumstance, shall be held invalid, the remainder of this Agreement, or the
application of such provision to persons,entities or circumstances other than those in which it was held
invalid, shall not be affected.
23. Attorney's Fee. In the event that any of the parties hereto shall default in any of their
covenants or obligations contained herein so as to require any other party to this Agreement not in
default to commence legal or equitable action against the defaulting party, the defaulting party
expressly agrees to pay all of the non-defaulting parties' reasonable expenses in said litigation,
including a reasonable sum for attorney's fees.
24. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective successors and assigns.
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IN WITNESS HERETO THE PARTIES HERETO have executed this Agreement as of the
date and year first above written.
THE CITY OF FORT COLLINS, COLORADO,
A Municipal Corporation
ATTEST: By:
Mayor
City Clerk
APPROVED AS TO FORM:
Deputy City Attorney
CITY OF FORT COLLINS
WATER UTILITY ENTERPRISE,
An Enterprise of the City
ATTEST: By:
President
City Clerk
FORT COLLINS-LOVELAND
WATER DISTRICT,
A Political Subdivision of the State of Colorado
ATTEST: By:
John Weitzel,President
Michael D. DiTullio, Secretary
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FORT COLLINS -LOVELAND
WATER DISTRICT ENTERPRISE,
An Enterprise of the District
ATTEST: By:
John Weitzel, President
Michael D. DiTullio, Secretary
SOLDIER CANYON FILTER PLANT,
A Governmental Entity Created by
Intergovernmental Agreement
ATTEST: By:
Michael D. DiTullio,President
H. Webster Jones, Secretary
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Exhibit B
Water Cooperation Committee
STANDARD OPERATION PROCEDURIP
Finished Water Target Exceedences
ALARM or PROBLEMS with water measudng
outside set target ranges
Is it an Immediate
Suspend dekvety I nmediatey Yes public health No Evaluate condition and define the nature
problem? of the problem
Report toWater Traahnent Collect Grab Sample at Sample Goes Problem exist
Yes alter 30 minutes?Plant Managers. Managers Station(IXsbict aCity)
will contact counterpart to and
makejoinl decision regardag continue evaluating situation No
process and how to proceed.
Continue Delivery
Is Grab Sample No No urher action
reading outside set
target range? o
Yes
Take new Grab Sample within
9 hours
Is Grab Sample No No further action
reading outside necessary
set target range?
Yes
Report to Manager. Manager
-,I E J J will contact counterpart to
make joint decision regarding
process and how to proceed.
ti
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