HomeMy WebLinkAbout2000-054-04/04/2000-AUTHORIZING INTERGOVERNMENTAL AGREEMENT WITH NORTH WELD COUNTY WATER DISTRICT AND THE SOLDIER CANYON RESOLUTION 2000-54
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL
AGREEMENT WITH THE NORTH WELD COUNTY WATER DISTRICT,
THE NORTH WELD COUNTY 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 North Weld County 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 and Weld Counties, 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 4th day of April,A.D.
2000.
4 ':!
Mayor
'I'TF,ST:
LAk
City Clerk
EXHIBIT "A"
INTERGOVERNMENTAL AGREEMENT
FOR THE DELIVERY OF POTABLE WATER
This Agreement is made and entered into this day of , 2000, 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 NORTH WELD COUNTY
WATER DISTRICT, a political subdivision of the State of Colorado, (hereinafter referred to as
"the District"), the NORTH WELD COUNTY 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
rte Avenue, Fort Collins, Colorado (hereinafter
treatment plant located at 4316 West LaPo
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
WHEREAS, the District is a special district organized and existing under Colorado law
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that also operates a water utility which distributes potable water through a variety of water
transmission facilities located within Larimer and Weld Counties, 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 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
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 Fort Collins-Loveland Water District (hereinafter referred to as "FCLWD"); and
WHEREAS, the Soldier Canyon IGA created Soldier Canyon as a separate govenunental
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
FCLWD (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, the City has entered into a similar cooperative intergovernmental agreement
with FCLWD; and
WHEREAS, it is also the desire of the City to enter into a similar cooperative
intergovernmental agreement with ELCO in the future when it becomes advantageous for the
City and ELCO to do so; and
WHEREAS, the City, the District, ELCO, and FCLWD have completed a joint study of
their respective water distribution systems; and
WHEREAS, this joint study recommends that the City deliver potable water to the
District at a proposed connection between the City's Transmission Facilities and the District's
Transmission Facilities located in Fort Collins, Colorado, on Summit View Drive, approximately
2,400 feet north of Vine Drive (hereinafter referred to as the "Northeast Delivery Point"); 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
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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 IO.or 11.
below.
2. 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 Northeast Delivery
Point and at the Soldier Canyon Treatment Plant, subject to the following 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 Northeast 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
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the District more than twelve (12)million gallons of potable water in any given day
or more than 0.74 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.)
3. 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
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 twelve (12) million gallons of potable water in any
given day or more than 0.74 billion gallons of potable water in any Fiscal Year.
4. 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
party 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
given Fiscal Year will be equal and, therefore, no compensation will
each party to the other in any
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be owed by either party to the other, except for the transmission charge hereinafter provided. If,
however, in any Fiscal Year the respective amounts delivered to the City and the District are not
equal, the difference between the two amounts up to five percent (5%) of the smaller amount shall
be carried over and taken into account in the following Fiscal Year. In the event, however, in any
Fiscal Year the respective amounts delivered to the City and the District are not equal and the
difference between the two amounts exceeds five percent (5%) of the smaller amount, the party
receiving the greater amount shall owe the other party compensation for the amount exceeding the
five percent (5%) carryover 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 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 Northeast Delivery Point. The transmission charge
shall be at the rate of $14,650 per million gallons so delivered by the City to the Northeast
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 City's Treatment Plant or to the Soldier Canyon Treatment
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Plant.
5. 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 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
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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.
6. 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 Northeast Delivery Point and the 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.
7. 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
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diligence to make the needed repairs.
8. 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 5. above; (b) furnishing, installing
and maintaining metering, recording and telemetry devices pursuant to paragraph 6. above; and (c)
satisfying the obligations related to maintenance and repairs as set forth in paragraph 7. above.
9. Future Cooperative Intergovernmental Agreements. The parties acknowledge that Soldier
Canyon is a separate governmental entity created by the District, FCLWD and ELCO (hereinafter
referred collectively as "the Water Districts") pursuant to the Soldier Canyon IGA. The parties
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 a similar
cooperative intergovernmental agreements with ELCO 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 9. 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
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ELCO in the future.
10. 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.
11. 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.
12. Force Maieure. 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
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by such cause; provided, however, that such party shall exercise due diligence in its efforts to
resume performance within a reasonable period of time.
13. 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 (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.
14. 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
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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.
15. 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 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
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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 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
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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.
16. Inspection of Records. Each party agrees to allow each of the other parties to this
Agreement to inspect and copy at reasonable times, with reasonable advance notice, all of its
relevant records needed by any other party to verify the quantities of potable water delivered under
this Agreement and to verify compliance with the standards and requirements of paragraphs 5., 6.,
7. and 8. above.
17. Assignment. This Agreement shall not be assigned by any of the parties hereto without the
prior written consent of all the other parties hereto.
18. 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:
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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:
North Weld County Water District Soldier Canyon Filter Plant
Attn: District Manager Attn: Plant Manager
33247 Highway 85 4424 West LaPorte Avenue
Lucerne, CO 80646 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.
19. 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 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.
20. 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,
15
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.
21. 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.
22. 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.
23. 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
NORTH WELD COUNTY
WATER DISTRICT,
A Political Subdivision of the State of Colorado
ATTEST: By:
Gary Simpson, President
Ernest Ross, Secretary
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NORTH WELD COUNTY
WATER DISTRICT ENTERPRISE,
An Enterprise of the District
ATTEST: By:
Gary Simpson,President
Ernest Ross, 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 Coop Committee
STANDARD OPERATION PROCEDURE
Finished Water Target Exceedences
ALARM or PROBLEMS with water measuring
outside set target ranges
Is it an immediate
Yes public health No Evaluate condition and define the
Suspend delivery immediately problem? nature of the problem
Collect Grab Sample at Sample Does problem exist
p
Report 10 Water Treatment after 30 minutes?
Plant Managers. Managers Station(District or City) Yes
will contact counterpart to and
make joint decision regarding continue evaluating situation No
process and how to proceed.
(:Continue Delivery
Is Grab Sample No No further action
reading outside necessary
set target range?
Yes
Take new Grab Sample within
3 hours
Ilr
Is Grab Sample No No further action
reading outside necessary
set target range?
Yes
Report to Manager.
Manager will contact
v� E k fy counterpart to make joint
decision regarding process
_ .,� " and how to proceed.
f4 F( Revised 111131M
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