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HomeMy WebLinkAbout25-114 Bennt Creek Regional Water Authority MOU Establishing Cooperative Framework 10-22-2025RESOLUTION NO. 25414 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF FIRESTONE AND THE BENNT CREEK REGIONAL WATER AUTHORITY PERTAINING TO THE DESIRE TO ESTABLISH A COOPERATIVE FRAMEWORK BETWEEN BOTH PARTIES WHEREAS, the BennT Creek Regional Water Authority ("BCRWA") is a quasi -municipal corporation and political subdivision of the State of Colorado organized under C.R.S. § 29-1-204.2 for the purpose of planning and developing water resources, water systems, and water facilities; and WHEREAS, BCRWA and the Town of Firestone ("Town') desire to enter into a memorandum of understanding ("MOU"), attached hereto as Exhibit A, to memorialize the Parties' desire to establish a cooperative framework to explore Firestone's potential involvement as a member of the Authority; and WHEREAS, the Town desires to conduct a thorough and comprehensive review of the Authority's engineering designs, cost estimates, financing plans, and other relevant aspects associated with the Authority's operations and planning; and WHEREAS, the Board of Trustees finds that entering into the MOU is in the best interest of the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Memorandum of Understanding between the Town of Firestone and the BennT Regional Water Authority is hereby approved in substantially the same form as the copy attached hereto as Exhibit A and made a part of this resolution. The Town Manager is authorized to execute and deliver the MOU on behalf of the Town. PASSED AND ADOPTED this 22nd day of October, 2025. .ATTEST: riam L onzalez Town Clerk .APP V , A TO FC ►� Marshall Keith Martin, Town Attorney MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF FIRESTONE AND THE BENl T CREEK , +IO:AL WATER AUTHORITY "t his Memorandum of Understanding ("MOI_l ") is entered into this ay= of 2025. by and between the "f"own of Firestone ("Firestone") and the BennT Creek Regional Water Authority (Authority ), shich may be referred to herein as the ``Parties." RECITALS WHER 'AS. the Authority is a quasi -municipal corporation and political subdivision of the State of Colorado organized under C.R.S. § 2-1-204.2 for the purpose of planning and developing water resources, water systems, and water facilities. The current members of the Authority include the Ion of Bennett and I odd Creek Village ,e Metropolitan District; WHLREAS, the Toavn of Firestone is a municipal and political subdivision of the State; WHEREAS, Firestone and the Authority desire to establish a cooperative frame x°ork to explore F irerstone's potential involvement as a member of the Authority: WHEREAS, the parties wish to foster cooperation and coordination regarding Firestones consideration of joining the Authority; WHEREAS, Firestone desires to conduct a thorough and comprehensive review of the Authoritys engineering designs, cost estimates, financing plans, and other relevant aspects associated with the Authority's operations and planning; WHEREAS, the parties agree that this cooperative endeavor and review process is essential for ensuring the success and sustainahility of any potential participation by Firestone in the Authority: and, I-IEREAS, the parties desire to memorialize the terms and conditions governing this exploratory and review process NOW, FlI REFORE , in consideration of the mutual covenants and agreements contained herein, the parties agree as follows: AGREEMENT A. Objectives of Collaboration. The primary objectives of this MOO are: a. To enable Firestone to comprehensively evaluate the potential of becoming a member of the Authority'. b. To facilitate an informed decision -making process through transparent information sharing; and c. To explore the mutual benefits and potential of a collaborative relationship. These objectives are intended to be pursued through open communication, information exchange, and mutual cooperation. B. Review Process and Resource Commitments. The Authority commits to providing all necessary documentation and information for this review. Firestone commits to allocating staff time and resources to conduct the review, while the Authority commits to providing access to its personnel and consultants for clarifications and discussions as needed. Pursuant to the terms of this MOU, Firestone agrees to conduct a thorough and diligent review of all engineering designs, cost estimates, financing plans, and any other relevant documentation or information provided by the Authority. This review process is undertaken to evaluate the feasibility and benefits of Firestone joining the Authority. C. Non -Binding Provision. This MOU is intended to constitute an expression and mutual understanding of the Parties' willingness to work collaboratively in order for Firestone to conduct a comprehensive review of the necessary information to make an informed decision if it wishes to become a member of the Authority. The parties acknowledge that none of the provisions in this MOU are binding and nothing in this MOU shall give rise to any obligation or enforceable contract for any party. D. Confidentiality. Firestone acknowledges that it may receive confidential and proprietary information from the Authority in connection with this MOU, including but not limited ₹o engineering designs, cost estimates, financing plans, technical data, and other sensitive information ("Confidential Information"). Firestone agrees to maintain the confidentiality of all Confidential Information received from the Authority and not to disclose any such information to any third party without the prior written consent of the Authority, except as required by law or in response to a valid order of a court or other governmental body. Furthermore, Firestone agrees to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by its employees or agents in violation of the terms of this MOU. E. Termination. This MOU shall commence on the date set forth above and shall remain in effect until terminated by either party. Either party may terminate this MOU at any time. Upon termination of this MOU, each party shall return to the other all documents, materials, and other possessions containing Confidential Information received from the other party. If it is not feasible ₹o return the Confidential Information, the parties agree to destroy such information and provide written certification of its destruction to the other party. Termination of this MOU shall not affect any ongoing obligations or rights that were established under the terms of this MOU prior to its termination, including but not limited to, the obligations concerning the protection and confidentiality of Confidential Information. IN WITNESS WHEREOF, the Parties hereto have executed this MOU on the day and year first set forth above. ATTEST: BENNT CREEK REGIONAL WATER AUTHORITY [Insert Name Here]