HomeMy WebLinkAbout2016-061-08/16/2016-AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND NEW BELGIU RESOLUTION 2016-061
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF FORT COLLINS AND NEW BELGIUM BREWING'
COMPANY, INC. REGARDING TEMPORARY AUTHORIZATION
TO USE A PORTION OF PRETREATED WASTEWATER IN A COOLING TOWER
WHEREAS, the City owns and operates Fort Collins Utilities ("Utilities"), which
includes a water utility and a wastewater utility that provide water and wastewater service to
customers pursuant to Fort Collins City Code and other applicable law, rules, and regulations;
and
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WHEREAS, New Belgium Brewing Company, Inc. ("New Belgium") is a water and
wastewater customer of Utilities that owns and operates a brewery in Fort Collins; and
WHEREAS, New Belgium owns and operates a process wastewater treatment plant
("New Belgium PWTP") at the brewery that discharges pretreated wastewater into the City's
sewer system; and
WHEREAS, New Belgium has requested authorization to use up to 250,000 gallons of its
pretreated wastewater in a cooling tower at the brewery over a 30 day period; and
WHEREAS, City Code does not authorize Utilities customers to use pretreated
wastewater from process wastewater treatment plants; and
WHEREAS, the City is willing to authorize New Belgium's temporary use of pretreated
wastewater from the New Belgium PWTP as described herein in order .to acquire data,
information, and practical experience related to whether a Utilities-wide permanent program
concerning the use of pretreated wastewater onsite from process water treatment plants is
desirable, feasible, and otherwise consistent with the prudent management and operation of
Utilities in light of all concerns including, but not necessarily limited to, financial considerations
and all applicable law.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Manager is hereby authorized to execute an Agreement
substantially in the form of the attached Exhibit"A", with such additional terms and conditions
as the City Manager, in consultation with the City Attorney, determines to be necessary and
appropriate to protect the interests of the City or effectuate the purposes of this Resolution.
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Passed and adopted on at a regular meeting of the Council of the City of Fort Collins this
16th day of August A.D. 2016.
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EXHIBIT A
AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND
NEW BELGIUM BREWING COMPANY, INC. REGARDING
TEMPORARY AUTHORIZATION TO USE A PORTION OF
TREATED WASTEWATER IN A COOLING TOWER
This Agreement is entered into by and between the following Parties: the City of Fort
Collins, Colorado, a home rule municipality ("City"); and New Belgium Brewing Company,
Inc., a Colorado corporation ("New Belgium").
RECITALS
A. The City owns and operates Fort Collins Utilities ("Utilities"), which includes a water
utility and a wastewater utility that provide water and wastewater service to customers pursuant
to Fort Collins City Code and other applicable law, rules, and regulations.
B. New Belgium is a water and wastewater customer of Utilities. New Belgium owns and
operates a brewery in Fort Collins, on Lots 1 and 2 of the Final Plat,of the New Belgium
Brewery Fourth Filing, reordered with the Larimer County Clerk and Recorder at Reception No.
2006-0045463 on June 19, 2006, the address of which is 500 Linden Street, Fort Collins,
Colorado 80524 ("New Belgium Site").
C. New Belgium owns and operates a process wastewater treatment plant ("New Belgium
PWTP") at the New Belgium Site that discharges treated wastewater into the City's sewer
system pursuant to Industrial Discharge Permit No. 16002, revised April 15, 2016. The
wastewater sent to the New Belgium PWTP comprises wastewater from the brewery, such as
used process water, spent yeast, out-of-specification beer, and used cleaning chemicals. The
wastewater sent to the New Belgium PWTP does not include domestic wastewater or other
wastewater from the New Belgium Site.
D. New Belgium has requested authorization to use up to 250,000 gallons of its treated
wastewater in a cooling tower on the New Belgium Site over a 30 day period. Such use would
be effectuated by pumping a portion of the treated wastewater from the New Belgium PWTP to
the cooling tower.
E. City Code does not.authorize Utilities customers to use treated wastewater from process
wastewater treatment plants. New Belgium's various permits from Utilities likewise do not
purport to authorize New Belgium to use treated wastewater from its PWTP. New Belgium thus
requires authorization from the City to use any of its treated wastewater.
F. The City is willing to authorize New Belgium's temporary use of treated effluent from
the New Belgium PWTP as described herein in order to acquire data, information, and practical
experience related to whether a Utilities-wide permanent program concerning the use of treated
wastewater onsite from process water treatment plants is desirable, feasible, and otherwise
consistent with the prudent management and operation of Utilities in light of all concerns
including, but not necessarily limited to, financial considerations and all applicable law.
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AGREEMENT
1. INCORPORATION OF RECITALS. The foregoing recitals are hereby incorporated
as if fully restated in their entirety.
2. APPROVAL FOR USE OF TREATED WASTEWATER. The City hereby
authorizes New Belgium to use up to a total of 250,000 gallons of treated wastewater from the
New Belgium PWTP in a cooling tower on the New Belgium Site over a 30 day period during
the term of this Agreement, pursuant to the terms and conditions of this-Agreement. No other
use of treated wastewater from the New Belgium PWTP or otherwise is authorized hereby. New
Belgium expressly acknowledges that this Agreement creates no entitlement or expectation of
further analogous or similar authorizations.
3. TERMS AND CONDITIONS. The following terms and conditions shall apply to New
Belgium's use of its treated wastewater.
3.1. METERING. New Belgium shall continuously meter all treated wastewater
delivered from the New Belgium PWTP to the cooling tower. Such metering shall be
made with a totalizing flow meter acceptable to Utilities. The metering of the treated
effluent delivered to the cooling tower shall be made before the remainder of treated
wastewater is metered and delivered to the City's water reclamation facilities pursuant to
Industrial Discharge Permit No. 16002. Such metering shall, at minimum, measure and
account for the continuous flow rate and the daily volume (in gallons) of treated
wastewater delivered from the New Belgium PWTP to the cooling tower.
3.2. REPORTING. New Belgium shall deliver all metering data to Dan Clark at
dclark@fcgov.com within five days of the completion of the 30 day period, as well as
included with the monthly reports to Utilities Billing Group,, and further reported to
Utilities as may otherwise be requested by Utilities. Such data shall be delivered in the
format in which it was collected, and shall also include any summaries of such data
prepared by New Belgium.
3.3. INSPECTIONS. New Belgium shall allow Utilities staff to inspect any facilities
associated with the use of the treated wastewater within 24 hours of when such a request
is made.
3.4. INFORMATION SHARING. New Belgium agrees to cooperate, in good faith, with
Utilities regarding the evaluation of the use of treated wastewater pursuant to this
Agreement. New Belgium further agrees that any and all information provided to the
City under this Agreement may be shared publically.
3.5. REPORTING LEAKS OR SPILLS. New Belgium shall report any leaks or spills of
treated wastewater to Utilities immediately upon discovery irrespective of the size of the
leak or spill. New Belgium shall prepare a spill response plan, which must be approved
by Utilities in writing, prior to using treated wastewater pursuant to this agreement.
Page 2 of 6
3.6. REVOCATION OF AUTHORIZATION. Utilities shall have the right, at its sole
discretion, to revoke this authorization and require New Belgium to immediately cease
any and all use of any and all treated wastewater. Notice of such revocation shall be
provided to New Belgium pursuant to Paragraph 11, and to Nick Ampe, at the following
contact information: 500 Linden Street, Fort Collins, CO 80524, (970) 494-7805,
nampe@newbelgium.com.
4. REPRESENTATIONS. New Belgium hereby represents that it has acquired, or will
acquire prior to the use of any treated wastewater pursuant to this Agreement, any and all
approvals, authorizations, and- permits needed to use treated wastewater pursuant to this
Agreement including, but not necessarily limited to, those from the State of Colorado and its
various agencies (such as, by way of example, the Colorado Department of Public Health and
Environment) and the United States and its various agencies (such as, by way of example, the
Environmental Protection Agency). New Belgium shall provide to the City copies of any and all
approvals, authorizations, and permits as soon as practicable pursuant to Paragraph 11.
5. TERM. This Agreement shall be in effect from the date it is last signed by the Parties
through October 31, 2016. Any use of treated wastewater shall thus cease on or before October
31, 2016.
6. INDEMNIFICATION. New Belgium agrees to indemnify the City (which includes
Utilities), its'officers, agents, employees, and representatives, from all claims and liability,
including but not limited to the City's reasonable legal fees and costs, including attorneys' fees,
for any and all claims made by third persons (including, but not limited to, administrative and
other actions brought by governmental agencies) associated with New Belgium's activities under
this Agreement and for any and all actions or omissions by New Belgium in violation of this
Agreement.
7. REMEDIES. If either Party fails to comply with the provisions of this Agreement, the
other Party may seek all such remedies available under Colorado law.
8. NO THIRD-PARTY BENEFICIARIES. This Agreement is entered into between the
Parties for the purposes set forth herein. It is the intent of the parties that they are the only
beneficiaries of this Agreement and the Parties are only benefitted to the.extent provided under
the express terms and conditions of this Agreement.
9. GOVERNING LAW AND ENFORCEABILITY. This Agreement shall be construed
in accordance with the laws of the State of Colorado, insofar as any matter is not regulated by
applicable laws of the United States. Whenever possible, each provision of this Agreement shall
be interpreted in such a manner so as to be effective and valid under applicable law.
10. WAIVER. A waiver of a breach of any of the provisions of this Agreement shall not
constitute a waiver of any subsequent breach of the same or another provision of this Agreement.
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11. NOTICES. All notices or other communications hereunder shall be sufficiently given
and shall be deemed given when personally delivered, or after the lapse of five (5) business days
following mailing by certified mail-return receipt requested, postage prepaid, addressed as
follows:
To the City: City Manager
City Hall West
300 LaPorte Avenue; P.O. Box 580
Fort Collins, Colorado 80522-0580
With copy to: Fort Collins City Attorney
300 LaPorte Avenue; P.O. Box 580
Fort Collins, Colorado 80522-0580
epotyondv@fcrov.com
fcrov.com
and: Fort Collins Utilities
Attn: Water Resources Manager
700 Wood Street P.O. Box 580
Fort Collins, Colorado 80522-0580
To New Belgium: New Belgium
Attn: Nick Ampe
500 Linden Street
Fort Collins, CO 80524
12. CONSTRUCTION. This Agreement shall be construed according to its fair meaning as
it was prepared by the Parties. Headings in this Agreement are for convenience and reference
only and shall in no way define, limit, or prescribe the scope or intent of any provision of this
Agreement.
13. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the
Parties regarding the matters addressed herein. Covenants or representations not contained in
this Agreement regarding the matters addressed herein shall not bind the Parties.
14. REPRESENTATIONS. Each Party represents to the other Party that it has the power
and authority to enter into this Agreement and the individual signing below on behalf of that
Party has the authority to execute this Agreement on its behalf and legally bind that Party.
15. ASSIGNMENT. No Party may assign any rights or delegate any duties under this
Agreement without the written consent of the other Party.
[Remainder of Page Left Blank Intentionally]
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CITY OF FORT COLLINS, COLORADO, a
Colorado home rule city
By:
Darin A. Atteberry, City Manager
ATTEST:
By:
City Clerk
APPROVED AS TO LEGAL FORM:
By:
City Attorney's Office
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NEW BELGIUM BREWING COMPANY, INC.,
a Colorado Corporation
By:
ATTEST:
By:
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