HomeMy WebLinkAbout2019-055-05/07/2019-AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS, THE EAST LARI RESOLUTION 2019-055
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE
CITY OF FORT COLLINS, THE EAST LARIMER COUNTY WATER DISTRICT, THE
FORT COLLINS-LOVELAND WATER DISTRICT, AND THE NORTH WELD COUNTY
WATER DISTRICT REGARDING A STUDY RELATED TO A TEMPORARY SHUTDOWN
OF THE HORSETOOTH RESERVOIR.SOLDIER CANYON OUTLET
WHEREAS, Horsetooth Reservoir is a water storage reservoir operated by the Northern
Colorado Water Conservancy District("Northern Water"), and the Soldier Canyon Outlet is a pipe
and related infrastructure that conveys water from Horsetooth Reservoir under and through the
Soldier Canyon Dam, and
WHEREAS,water delivered through the Soldier Canyon Outlet is ultimatelydelivered to,
among other locations:the Soldier Canyon Filter Plant, which is owned and operated by the East
Larimer County Water District; the Fort Collins-Loveland Water District; and the North Weld
County Water District(collectively,"Tri-Districts")through the Soldier Canyon Water Treatment
Authority and the City's Water Treatment Facility; and
WHEREAS,Northern Water intends to temporarily shut down the Soldier Canyon Outlet
during late 2019 or 2020 for approximately 30 to 45 days for inspection, maintenance, and related
purposes, which will result in a temporary water supply disruption for the City and the Tri-
Districts; and
WHEREAS, the City and the Tri=Districts desire to investigate ways to address this
temporary water supply disruption and would each perform such investigations separately in the
absence of any collaboration as contemplated in this Resolution; and
WHEREAS, because of the overlapping of interests among the City and the Tri-Districts,
a joint investigation through a study of the various options for the Parties (the "Study") would
result in cost savings for each and be to their benefit; and
i
WHEREAS, the City intends to use an engineering consulting firm the City already has
under contract to perform the Study pursuant to a scope of work for the Study that will be
developed by jointly the City and the Tri-Districts, with the Tri-Districts to reimburse the City for
their portion of the Study which will reduce the City's costs to investigate ways to address the
temporary water supply disruption identified above; and
WHEREAS, staff from the City and the Tri-Districts have negotiated an agreement
regarding such a Study, as set forth in the draft Agreement attached hereto as Exhibit"A".
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
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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 Exhibit"A", with such modifications and 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.
Passed and adopted at a regular meeting of the Council of th Cit of Fort Collins this 7th
day of May, A.D. 2019.
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ATTEST:.
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EXHIBIT A
AGREEMENT BETWEEN THE CITY OF FORT COLLINS,
THE EAST LARIMER COUNTY WATER DISTRICT,THE FORT COLLINS-
LOVELAND WATER DISTRICT,AND THE NORTH WELD COUNTY WATER
DISTRICT REGARDING A STUDY RELATED TO A TEMPORARY SHUTDOWN OF
THE HORSETOOTH RESERVOIR SOLDIER CANYON OUTLET
This Agreement is entered into by and between the following Parties: the City of Fort
Collins, Colorado, a home rule municipality ("City"); the East Latimer County Water District, a
political subdivision of the State of Colorado("ELCO');the Fort Collins-Loveland Water District,
a political subdivision of the State of Colorado ("FCLWD"); and the North Weld County Water
District, a political subdivision of the State of Colorado ("NWCWD"). ELCO, FCLWD, and
NWCWD are collectively referred to as the "Tri-Districts."
RECITALS
A. Horsetcoth Reservoir is a water storage reservoir operated by the Northern Colorado Water
Conservancy District ("Northern Water"). The Soldier Canyon Outlet is a pipe and related
infrastructure that conveys water from Horsetooth Reservoir under and through the Soldier Canyon
Dam.
B. Water delivered through the Soldier Canyon Outlet is ultimately delivered to,among other
locations: the City's Water Treatment Facility and the Soldier Canyon Filter Plant,which is owned
and operated by the Tri-Districts through the Soldier Canyon Water Treatment Authority.
C. Northern Water intends to temporarily shut down the Soldier Canyon Outlet during late
2019 or 2020 for approximately 30 to 45 days for inspection, maintenance, and related purposes.
This will result in a temporary water supply disruption for the Parties.
D. The Parties desire to investigate Ways to address this temporary water supply disruption.
Because of the overlapping of interests among the Parties, a joint investigation through a study of
the various options for the Parties ("Study") would result in cost savings for each of the Parties
and be to their benefit. The Parties thus desire to work together on the Study as set forth herein.
E. The City intends to use HDR, an engineering consulting firm the City already has under
contract ("Consultant"),to perform the Study. The Tri-Districts will reimburse the City for their
portion of the Study as described below.
F. As governmental entities, the Parties are authorized into enter into the following
intergovernmental agreement pursuant to C.R.S. §29-1-203.
(03/08/19) .
Page 1 of 9
AGREEMENT
1. INCORPORATION OF RECITALS. The foregoing recitals are hereby incorporated as
if fully restated in their entirety.
2. THE SCOPE, The Parties will meet with the Consultant to jointly develop the scope of
the Study to be completed(``Scope"), which shall include a total cost estimate for the Study and a
proportional allocation of costs to each Party based on the amount of the Study attributed to each
Party's needs. Before the Consultant begins the Study,each of the Parties shall confirm in writing
(such as by email or otherwise)that the Scope is acceptable.
3. COOPERATION WITH THE STUDY. The Tri-Districts agree to cooperate in good
faith with the City and the Consultant for the Study, including: developing the Scope; reviewing
and providing,comments on draft analyses and reports generated by the Consultant as part of the
Study in its development and completion and providing information needed to complete the Study
to the Consultant;in a timely manner. The City agrees to work in good faith to ensure that the Tri-
Districts have a meaningful opportunity to review and provide comments as discussed above, and
to address comments.
4. OWNERSHIP OF THE STUDY. Each of the Parties will be an owner of the Study and
all other deliverables provided .by the Consultant on the Study (including, but not limited to,
analyses, analytical tools, data,models,and reports and drafts thereof). The City shall provide the
Tri-Districts with a copy of the draft and final reports, as well as the data, analytical tools, and all
other information generated by the Consultant in association with the Study that are related to their
systems within 14 days of the City's receipt of the same, subject to the terms and conditions of this
Agreement.
5. REIMBURSEMENT TO THE CITY:. Each of the Tri-Districts shall pay the City for
that district's portion of the Study as set forth in the agreed-upon Scope within 45 days of receiving
an invoice from the City for the same. Each of the Tri-Districts shall submit payment to Fort
Collins Utilities(attn: Lance Smith and Phil Ladd), 700 Wood Street(P.O. Box 580)Fort Collins,
Colorado 80522-0580.
6. FISCAL CONTINGENCY. Notwithstanding any other provisions of this Agreement to
the contrary, the obligations of the Parties in fiscal years after the fiscal year of this Agreement
shall be subject to appropriation of funds sufficient and intended therefor, with the Party having
the sole discretion to determine whether the subject funds are sufficient and intended for use under
this Agreement. The failure of a Party to appropriate such funds shall be grounds for termination
of this Agreement as to such Party upon written notice pursuant to Paragraph 11.
7. REMEDIES. If any Party fails to comply with the provisions of this Agreement,the other
Parties,after providing prompt written notification to the noncomplying Party,and upon the failure
of the noncomplying Party to achieve compliance within 35 days following receipt of such notice,
may seek all such remedies available under Colorado law.
(03/08/19)
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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. The Parties recognize that the constitutions,
statutes,and rules and regulations of the State of Colorado and of the United States, as well as the
Parties' respective bylaws, city charters and codes, and rules and regulations, impose certain legal,
constraints on each Party and that the Parties intend to carry out the terms and conditions of this
Agreement subject to those constraints. 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.
Nothing in this Agreement shall be construed as any waiver of governmental immunity of the
Parties who are governments or any other governmental provisions of State law. Specifically,by
entering into this Agreement, neither Party waives the monetary limitations on liability or any
other rights, immunities, or protections provided by the Colorado Government Immunity Act,
C.R.S. § 24-10-101, et seq.,or any successor or similar statutes of the State of Colorado.
11. NOTICES. All notices or other communications hereunder shall be sufficiently given and
shall be deemed given(1) when personally delivered; (if) on the date and at the time of delivery or
refusal of acceptance of delivery if delivered or attempted to be delivered by an overnight courier
service to the party to whom notice is given at the address specified below; (iii) on the date and:at
the time shown on the electronic mail if sent by electronic transmission at the a-mail addresses set
forth below and receipt of such electronic mail is acknowledged by the intended recipient thereof;
or (iv) after the lapse of five business days following mailing by certified mail-return receipt
requested,postage prepaid, addressed as follows:
To Fort Collins: 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
E-mail: epotyondy@fcgov.com
(03/08/19)
Page 3 of 9,
and Fort Collins Utilities
Attn: Director of Plant Operations
4316 LaPorte Ave.
Fort Collins, Colorado 80521
E-mail: mkempton@fcgov.com
To ELCO: East Larimer County Water District
Attn: District Manager
232 S. Link Lane (Zip Code: 80524)
P.O. Box 2044
Fort Collins;Colorado 80522
Telephone: (970)493-2044
Email: mikes@elcowater.org
With copy to: Hasler,Fonfara-and Goddard LLP
Attn: Joseph H. Fonfara
125 S. Howes Street, 6`h Floor(Zip Code:80521)
P.O. Box 2267
Fort Collins, CO 80522
Telephoner (970)493-5070
E-mail: JoeF@HFGLawfirm.com
To FCLWD: Fort Collins-Loveland Water District
Attn: District Manager
5150 Snead Drive
Fort Collins, Colorado 80525
Telephone: (970) 226-3104
E-mail: chrism@fclwd.com
With copy to: Collins Cockrel & Cole, P.C.
Attn: Robert G. Cole
300 Union Boulevard, Ste. 400
Denver, Colorado 80228-1556
Telephone: (303)218-7197
E-mail: rcole@cccfirm.com
To NWCWD: North Weld County Water District
Attn: District Manager
32825 CR 39
P.O..Box 56
Lucerne, Colorado 80646
Telephone: (970) 356-3020
E-mail: water@nwcwd.org
(03/08/19)
Page 4 of 9
With copy to: Hasler,Fonfara and Goddard LLP
Attn: Joseph H. Fonfara
125 S. Howes Street, 61h Floor(Zip Code: 80521)
P.O.Box 2267
Fort Collins, CO 80522
Telephone: (970)493-5010
E-mail: JoeF@HFGLawfirm.com
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.onstitutes the entire agreement of the Parties
regarding the matters addressed herein. This Agreement binds and benefits the Parties and their
respective successors. 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 parties 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 all other Parties.
16. SEVERABILITY. If any provision of this Agreement shall prove to be illegal, invalid,
unenforceable or impossible of performance,the remainder of this Agreementshall remain in full
force and effect.
[Remainder of Page Intentionally Blank]
(03/08/19)
Page 5 of
CITY OF FORT COLLINS,COLORADO, a home-rule city
By: Date:
Darin A. Atteberry;City Manager
ATTEST:
By:
City Clerk
APPROVED AS TO LEGAL FORM:
By:
City Attorney's Office
(03/08/19) -
Page 6 of 9
EAST LARIMER COUNTY WATER DISTRICT, a political subdivision of the State of
Colorado
By: Date:'
Mike Scheid, General Manager
(03/08119)
Page 7 of 9
FORT COLLINS-LOVELAND WATER DISTRICT, a political subdivision of the State of
Colorado
By: Date:
Chris Matkins, General Manager
(03/08/19)
Page 8 of 9
NORTH WELD COUNTY WATER DISTRICT, a political subdivision of the State of
Colorado
By: Date:.
Eric Reckentine, General Manager
(03/08/19)
Page 9 of 9