HomeMy WebLinkAbout911083.tiff AR22D93y3
RESOLUTION
RE: APPROVE AMENDED PERFORMANCE GUARANTEE AGREEMENT AND ACCEPT COLLATERAL
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WHEREAS, the Board of County Commissioners of Weld County, Colorado,
O pursuant to Colorado statute and the Weld County Home Rule Charter, is vested
U with the authority of administering the affairs of Weld County, Colorado, and
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WHEREAS, the Board, by Resolution dated July 10, 1991, approved an Amended
o w Certificate of Designation, and an Amended Site Specific Development Plan and
qx Amended Use by Special Review Permit for a bio-medical waste incineration
O facility, and
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,S WHEREAS, the Board has been presented with an Amended Performance Guarantee
N Agreement between the County of Weld and Colorado Incineration Services, Inc. ,
cz commencing September 4, 1991 and ending upon closure of the bio-medical waste
N a incineration facility, with the further terms and conditions being as stated in
rn U said Amended Performance Guarantee Agreement, and
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F WHEREAS, Colorado Incineration Services, Inc. has submitted an
WAutomatically Renewable Certificate of Deposit Number 760399, drawn on Belcaro
M Bank of Denver, Colorado, in the amount of $10,000, and
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m Z WHEREAS, after review, the Board deems it advisable to approve said Amended
N 4 Performance Guarantee Agreement, a copy of which is attached hereto and
incorporated herein by reference, and
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✓ WHEREAS, after review, the Board deems it advisable to accept said
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M HO collateral, in the amount of $10,000.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Amended Performance Guarantee Agreement between Weld
County and Colorado Incineration Services, Inc. be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Automatically Renewable
Certificate of Deposit Number 760399 be, and hereby is, accepted.
911083
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RE: AMENDED PERFORMANCE GUARANTEE - COLO. INCINERATION SERVICES
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 11th day of September, A.D. , 1991, nunc pro
to 0 tunc September 4, 1991.
0
BOARD OF COUNTY COMMISSIONERS
N O ATTEST: /014444 WELD COU Y, OLORADO
o rjWeld County Clerk to the Board
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By. , 24:
o Deputy Clerk the Bo rd Ge e Kenne , Pro-Tem
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N iW-1 County Attorney C. W. Kiby
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911083
AMENDED PERFORMANCE GUARANTEE AGREEMENT
THIS AGREEMENT made and entered into this 4th day of
September , 1991 , by and through the County of Weld , State of
co o Colorado , acting through its Board of County Commissioners ,
v hereinafter called "County" and Colorado Incineration Services ,
Inc. , hereinafter called "Applicant" .
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• WHEREAS , by resolutions approved on July 10 , 1991 the
� w Applicant received approval of an Amended Certificate of
a Designation ( "CD" ) and an Amended Site Specific Development Plan
v and Amended Use by Special Review Permit ( " USR" ) for a
bio-medical waste incineration facility; and
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WHEREAS , Applicant had previously received a Certificate of
W Designation and Use by Special Review on October 3 , 1990 under
the name of Wixco Services, Inc. (USR-918 ) ; and
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v WHEREAS , the Applicant had also previously received a
o H Certificate of Designation and Use by Special Review under the
name of Wixco Services , Inc . in conjunction with Tire Mountain,
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� v1 Inc . pursuant to a Resolution approved on August 30 , 1989
w (Amended USR-842 ) ; and
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cow WHEREAS , Applicant and County had entered into a
o z Performance Guarantee Agreement dated December 18 , 1989; and
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N4 WHEREAS , by the Resolutions dated July 10 , 1991 approving
u a the Amended Site Specific Development Plan and Amended Special
W Review Permit and Certificate of Designation, the Applicant was
x required to guarantee performance of the subject Conditions and
r-• � Development Standards;
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NOW, THEREFORE , in consideration of the foregoing and of
m w the acceptance and approval of said Use by Special Review and
Certificate of Designation, the parties hereto promise, covenant
and agree as follows:
1 . 0 Closure of Facility: Closure of the facility will be
performed in accordance with the most recent version of the
Applicant ' s Closure Plan Policy ( Applicant ' s Policy CISI 203
dated July 25 , 1991 attached hereto as Exhibit "A" ) , which has
been approved by the County. The closure will be accomplished in
accordance with Weld County requirements in place at the time of
closure; in accordance with regulations as promulgated by the
Colorado Department of Health , Hazardous Material and Waste
Management Division; and in accordance with the Certificate of
Designation and Amended Use by Special Review as approved on
July 10 , 1991 .
1 911483
2 . 0 Closure Estimate : The site will be closed after all
on-site material has been burned . It is noted that no material
should be left on site pursuant to the Applicant ' s closure
procedure , however , should any material be left it will be of
minor quantity and will be sent to an approved medical waste
incinerator in Colorado , Illinois or Arizona . The cost to
-4u dispose of one thousand ( 1 , 000 ) pounds of possible residual
o medical waste and to dispose of any remaining ash is estimated to
-44. 0 be $500 .00 .
O 2 . 1 Instances of contamination and events requiring
ow emergency response will be attended to and remediated in
0 3 accordance with the most recent version of the Applicant ' s
o z Contamination and Emergency Response Policy ( Applicant ' s Policy
A CISI 204 dated July 25 , 1991 attached hereto as Exhibit "B" ) and
p the Applicant ' s Spill Control Procedures ( Applicant ' s Policy
CISI 206 dated July 25 , 1991 attached hereto as Exhibit "C" ) . In
m z general all contamination instances and events involving an
emergency response which require attention by Colorado
Incineration Services, Inc. "CISI" staff will be remediated by
w trained personnel . The remediation will be accomplished in
N a accordance with CISI published policies which are written in
mu accordance with the appropriate regulations promulgated by OSHA,
u-) z CDC, EPA, State of Colorado and as approved by the County.
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F 3 . 0 Abandonment Closure: Abandonment closure will include
z ( 1) removing all ash and waste material and ( 2 ) disinfecting the
,., m equipment and that portion of the building occupied by the
d. w Applicant. Subsequent to the disinfection step, the equipment
rn w will be dismantled and hauled to 5906 McIntyre Street, Golden,
o M z Colorado . The estimated cost to remove the ash and waste
N material , to disinfect the equipment and building and to
va dismantle and transport the equipment is $6 ,830.00.
a 3 . 1 The applicant has estimated the expense to remediate
certain contamination instances and other events requiring
M w emergency response by CISI staff and other emergency personnel .
The estimated costs for such events are estimated not to exceed
cm w the sum of $8 ,000 .00 .
4 . 0 Back-up Incineration : Applicant has provided to
County a contract for back-up incineration facilities providing
for incineration at the rate of 11C per pound . The back-up
incineration facility is located in Clinton, Illinois .
4 . 1 Approved Development Standards limit on-site storage
to 48 hours of waste material . Two multi-chamber incinerators
burning 750 pounds per incinerator per hour are approved .
However, as of this date only one incinerator is on site and for
one incinerator the maximum allowable on-site storage is 36,000
pounds.
2
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4 . 2 Applicant has provided a hauling bid for moving 36 ,000
pounds of bio-medical waste from Hudson , Colorado to Clinton ,
Illinois with the transportation cost at $6 ,600 .00 .
5 . 0 Guarantee Amount: The events of abandonment, closure,
contamination and emergency response cannot occur concurrently
O O under the CISI closure policy, however, two of the three events
u
o could occur concurrently such as abandonment/closure and the need
o for remediation of contamination . It is therefore necessary to
u add the estimated remediation of contamination amount plus the
Q amount of abandonment/closure to provide adequate guarantees for
o w the County. Accordingly, the Applicant shall provide a sum of
O 3 $ 25 , 390 . 00 pursuant to this Agreement for remediation of
o a contamination and abandonment/closure. Said sum of $25 , 390 . 00 is
"3- w calculated as follows : remediation of contamination instances
x being $8 ,000 .00 ; incineration of 36 , 000 pounds of waste at 11C
ou per pound totals $3 , 960 . 00 ; trucking of 36 , 000 pounds of waste
p a totals $6 ,600 . 00 ; and abandonment/closure including removal of
N equipment totals $6,830 .00 .
N
r' z 5 . 1 Additionally, it is estimated that in the event of
w abandonment/closure the Applicant may have more than 36 , 000
m• u pounds of waste on site . By doubling the amount of potential
z waste on site to 72 ,000 pounds means that an additional $3 , 960 . 00
o H would be needed for incineration plus an additional $6 ,600 .00 for
• F trucking for an additional sum to guarantee performance of
`-i a $10 , 560 . 00 . Applicant hereby agrees to provide to County a total
M w guarantee sum of $ 35 , 950 . 00 ( $25 , 390 . 00 plus $10 , 560 . 00 ) as a
a w total guarantee amount for performance.
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o z 6 . 0 Guarantee : This total guarantee in the amount of
N $35 ,950 .00 shall be on deposit not less than 10 days before the
o facility is to start any test burn operation and shall remain in
� z place and continue for the life of the facility and until final
a closure has occurred. Applicant has already posted a Certificate
No of Deposit in the amount of $10 , 000 . 00 ( plus accrued interest) ;
• H an additional $10,000 .00 shall be deposited with the County on or
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before September 4, 1991 and the additional $15 , 950 . 00 required
w w hereunder shall be deposited in accordance with this policy.
7 . 0 Release of Liability: Applicant shall indemnify and
hold harmless the County from any and all liability, loss and
damage County may suffer as a result of all suits , actions or
claims of every nature and description caused by, arising from,
or on account of said design and construction of improvements,
and pay any and all judgments rendered against the County on a
account of such suit , action or claim , together with all
reasonable expenses and attorney fees incurred by County in
defending such suit , action or claim whether the liability, loss
or damage is caused by, or arises out of the negligence of County
or its officers , agents , employees or otherwise except for the
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liability, loss or damage arising from the intentional torts or
the gross negligence of the County or its employees while acting
within the scope of their employment
-t oo 7 . 1 Applicant shall indemnify and hold harmless the
o Platteville Fire Protection District from any and all liability ,
00 loss and damage that Platteville Fire Protection District may
u suffer as a result of all suits , actions or claims of every
A nature and description caused by, arising from or on account of
ow the activities of Platteville Fire Protection District in
inspecting the facility and enforcing the terms of this
o x agreement , the Certificate of Designation or Amended Use by
� Q Special Review 918 .
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8 . 0 No Benefit or Waiver : Except as to Paragraph 7.1 no
mco portion of this agreement is intended to confer a benefit on any
person not a party to this contract nor constitute a waiver of
N any privilege or immunity held by the parties to this agreement
a or their officers , agents or employees .
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M U 9 . 0 General Requirements of Collateral: The value of all
z collateral submitted to County must be equivalent to 1008 of the
o H value maximum amount as shown in Paragraph 5 .0 of this agreement.
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-� a 10 . 0 Guaranty Collateral : The types of collateral listed
co below are acceptable to Weld County subject to final approval by
-a w the Board of County Commissioners.
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oz 10 . 1 An Irrevocable Letter of Credit from a Federal or
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N State licensed financial institution on a form approved by Weld
o r County. The letter of credit shall state at least the following:
u rz
a ( a) The Letter of Credit shall be in an amount equivalent
r- O1 of 1008 of the total value of the Performance Guarantee as set
in m w forth.
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m w ( b) The Letter of Credit shall provide for payment upon
demand to Weld County if the developer has not performed the
obligations specified in this agreement and issuer has been
notified of such default.
( c ) The applicant may draw from the Letter of Credit in
accordance with the provisions of this policy.
( d ) The issuer of the Letter of Credit shall guarantee
that at all times the unreleased portion of the Letter of Credit
shall be equal to a minimum of 1008 of the estimated costs of
completing the uncompleted portions of the required improvements ,
based on inspections of the development by the issuer.
( e ) The Letter of Credit shall specify that 158 of the
total Letter of Credit amount cannot be drawn upon and will
remain available to Weld County until released by Weld County.
( f ) The Letter of Credit shall specify that the date of
proposed expiration of the Letter of Credit shall be either the
date of release by Weld County of the final 158 or one year from
to oo the date of Site Plan approval , whichever occurs first . Said
0 Letter shall stipulate that , in any event, the Letter of Credit
i o shall remain in full force and effect until after the Board has
received sixty ( 60 ) days written notice from the issuer of the
o Letter of Credit of the pending expiration. Said notice shall be
w o sent by certified mail to the Clerk to the Board of County
0 3 Commissioners.
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"s- Q 10 . 2 A surety bond given by a corporate surety authorized
o to do business in the State of Colorado in an amount equivalent
w to 1008 of the value of the performance as specified in this
in t24 agreement.
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N 10 . 3 A cash deposit or certificate of deposit or savings
' % deposit or some other type of deposit acceptable in form to the
N a County shall be made with the County equivalent to 100% of the
m U value of the required guaranteed performance.
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C> H 10 . 4 An escrow agreement providing cash in escrow of at
H least 1008 of the value of the required guaranteed performance
a and providing that the escrow agreement is in a form acceptable
a to the County.
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coN 11 . 0 Request for Release of Collateral: Prior to release
• z of collateral , the applicant must present a statement of
N compliance from an engineer registered in Colorado indicating
o p that the type of activity being either ultimate disposal , closure
cox of the facility or recycling has been completed in substantial
a compliance with approved plans and specifications and the same
t-- o must also be approved , in writing, by the Weld County Department
M w of Planning Services and Weld County Health Department.
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� [r4 12 . 0 Review of Collateral : Upon 90 days notice from
County to Applicant, the amount of the Performance Guarantee sums
shall be reviewed by the County to determine adequacy for both
recycling and/or ultimate disposal. Should a preliminary finding
be made that additional sums are necessary to guarantee
performance , County shall schedule a hearing before the Weld
County Board of County Commissioners to determine if there has
been a substantial change in circumstances such that the
collateral is insufficient to guarantee performance under this
agreement. The hearing shall be in the form of a quasi-judicial
hearing with notice and opportunity for public comment and be
held in accordance with the procedures set forth in the Weld
County Administrative Manual , General Administration Section ,
"Applications for Land Use for Property Previously Denied. "
13 . 0 Interest: All interest accumulated upon the deposits
shall continue to accumulate to the fund to be made available to
mitigate and take into account effects of inflation.
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14 . 0 Performance Guarantee Agreement dated December 18 ,
1989 : this Amended Performance Guarantee Agreement replaces the
Performance Guarantee Agreement dated December 18 , 1989 and said
1989 Agreement is now cancelled, null and void.
QD 0 15 . 0 Successors and Assigns : This agreement shall be
o binding upon the heirs , executors , personal representatives ,
-.. successors and assigns of the applicant , and upon recording by
w oo the County , shall be deemed a covenant running with the land
Q herein described , and shall be binding upon the successors in
o w ownership of said land.
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o a IN WITNESS WHEREOF , the parties hereto have caused this
0 agreement to be executed on the day and year first_ above written.
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o BOARD OF COUNTY COMMISSIONERS
L.0 C4 WELD COUNTY, COLORADO:
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By: ` {c r- - '`sue
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APPROVED AS TO ORM:
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County Attorney
COLORA INCINERATION SERVICES, INC.
By:
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Policy: CISI203 Effective Date: July 25, 1991
CLOSURE OF COLORADO INCINERATION SERVICES'
BIOMEDICAL WASTE INCINERATION FACILITY
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- Purpose: To establish procedures to be followed in the event the
0 o facility is to be closed.
a Policy:
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• A. Planned Closure Procedures
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x 1. The State and Weld County Health Departments will
0 be notified of a planned closure of the facility at
w least sixty (60) days in advance of the closure or
^ a in a timely manner as required by the State' s Solid
- Waste Regulations. A meeting will be scheduled
x with representatives of both departments to ensure
x that the closure procedures will meet all
, a applicable regulations in effect at the time of the
CA
v closure. Appropriate changes will be made to
n z Colorado Incineration Services' Closure Procedure
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to reflect the necessary modifications as
E determined by representatives of the Departments
ac and Colorado Incineration Services.
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d' WCO fx4 2 . All clients will be notified of the planned closure
oForty-Five (45) days prior to its occurrence.
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re) Z Recommendations will be given to the clients
regarding appropriate alternative disposal service.
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a 3 . Waste collection service will be terminated at
least one week prior to the closure date. This
r M schedule will provide adequate time for
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a) incineration of all collected waste.
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mw 4 . Upon completion of the incineration of the
collected materials, the kiln incineration system
will be disinfected utilizing an E.P.A. approved
germicide. The germicide will be run through the
unheated system with the motor drives activated to
ensure complete coverage of the interior surfaces.
Any residual germicide or liquid will be collected
and run through the incineration system which will
be brought back up to normal operating temperature
for this final step. This final step will dissipate
any residual liquids.
EXHIBIT "A" at OR a
5. The final load of ash material will be disposed of
in accordance with the ash disposal procedure. The
supplier of the roll-off waste containers will be
provided a supply of the germicide and instructions
to disinfect the units following the final disposal
activity.
1/4O 0
6. The interior of the operations building, to include
all walls and floors, will be washed down using the
-4 o disinfectant applied by the use of mops and rags.
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The residual liquid, mops, and rags will be
A destroyed in the kiln.
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O 3 7 , Any trailers located at the facility will be
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w disinfected and removed from the site and returned
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a to the supplier. The disinfectant liquid will be
p processed through the incineration system as a
w final step.
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N m 8 . All fuel and power sources to the kiln will be
N disconnected.
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N a 9. The decontaminated incineration system will be
rn v disassembled and returned to its owner, Colorado
m z Incineration Services, 1624 Market Street, Denver,
CD H Colorado, 80202 .
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a 10. The site will be open to Health Department
M a representatives at all times during closure
‘r, w operations and for final inspection.
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o >4 B. Abandoned Facility
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a g 1. In the unlikely event that the facility is
r � abandoned, in addition to the above activities,
M CO there may be medical waste at the site which will
v-I require removal and treatment. Due to the
w w limitations placed on storage at the facility and
due to the fact that the medical waste will be
incinerated in conjunction with closure of the
facility, the amount of possible waste at the site
should not exceed 1, 000 pounds.
2 . The removal of this volume of waste would require
the loading of the boxes into a 24 foot van or 48 '
trailer. The waste could then be transported to an
in-state disposal site, or in a worst case scenario
to either Clinton, Illinois, Chandler, Arizona or
Aberdeen, South Dakota for destruction.
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Policy: CISI204 Effective Date: July 25, 1991
CONTAMINATION ISSUES AND EMERGENCY RESPONSE
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Purpose: To outline contamination issues, establish emergency
oC.) response needs and to provide emergency response
o guidelines and procedures.
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0 3 Policy:
o A I. General
OO 1. It should be emphasized to and understood by all
i
w potential responding agencies that the materials in
Z
N the transportation vehicles and the incineration
facility present only a limited biological exposure
x hazard. There are no chemicals, radioactive
x materials or bulk liquids to be involved.
:‘i a Avoidance of direct skin contact with blood
°�' � products, or materials contaminated with blood
o H products is the major precaution to be followed in
w an emergency response situation. The NIOSH
vEi Guidelines of February, 1989 details precautions to
w prevent exposure to Public-Safety Workers. These
M guidelines and any amendments shall be provides to
co w all agencies which could reasonably be expected to
oo z respond.
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N 2 . Colorado Incineration staff and other appropriate
wColorado Incineration related personnel shall offer
x training to the potential responding agencies on
the recognition, hazards, and proper precautions
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w for the handling of medical waste. It should be
m co noted that medical personnel handle such waste on a
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daily basis protected only by rubber gloves and
m w paper gowns.
3 . Stringent air emission standards have been set by
the State and will be enforced by Weld County. All
such air emission standards, requirements and
regulations shall be controlled and closely
monitored in accordance with the Colorado Air
Quality Control Emission Permit.
4 . There will be no water discharged as a result of
the operation of the kiln, transportation division,
or the facility. Additionally, any floor drains
are required to be connected to a sealed vault and
the liquids disposed of appropriately. The floor
EXHIBIT "B" r‘l ' OW)
will be treated with an industrial concrete sealer
which will provide a water resistant barrier at the
concrete surface. The sealer is expected to allow
for quick and efficient clean up of any spills.
Lo O 5. There does exist a slight potential for soil
o v contamination immediately outside the operations
M 0 building or at the site of a transportation
-to accident. Any such contamination would be the
q result of leakage from or spillage of a waste
a container. The impacted area would be limited to
0 3 that actually contaminated by the liquids.
o x Remedial action would consist mainly of the
4.J. 41 treatment of the involved soil with an E.P.A.
a approved germicide. As such treatment would
o effectively inactivate any bacteria or virus, there
M should be no need for soil removal. It should be
N noted that presently at auto accident sites, blood
is washed, untreated, directly into the drain sewer
x system. Any contamination within the facility will
w be handled in accordance with the procedures
m u outlined in the Spill Control Procedures (Colorado
Z Incineration policy number CISI206) .
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II . Transportation Accident:
M 1. The most likely occurrence which would dictate an
co w emergency response would be a transportation
o z accident involving the spillage and breaking open
N 4 of the waste containers. The response for such an
o event would required the removal, by use of shovel
a and brooms, of the spilled waste and the treatment,
a by application of an E.P.A. approved germicide, of
an affected soil. As that no bulk liquids are
� N transported on the vehicles, the affected soil area
M CO CO would be anticipated to be relatively small.
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2 . Response to a transportation accident could be
handled either by the vehicle driver, or in the
event that the driver is unconscious, by personnel
either the incineration facility, or from Rocky
Mountain Environmental, depending on the location
of the event. As that the material is not volatile
there should be no immediate urgency in the spill
response. Spill clean up will be performed in
accordance with the Colorado Incineration Spill
Control Procedures (Colorado Incineration policy
number CISI206) .
3 . The transportation vehicles will be equipped with
both a spill control kit and procedures. The
vehicles are required to have a 24 hour contact
number posted on their outside. This has been
'Th14IOW,
required to obtain information and/or response in
the event of an emergency.
k0 o III . Facility Fire:
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0 1. There is potential that a fire or explosion at the
., u incineration facility could result in response by
o police and local fire departments. This would
a create a concern on their part as to potential
0 z exposure to both airborne contaminants and liquids
o z contaminated with waste materials.
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a 2 . Protection from exposure to contaminated liquid
o waste will be provided by the standard equipment
a worn by fire personnel. Such an event would most
N
N likely result in a request for either the
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disinfection of soil surrounding the building
ti x contaminated by the fire or fire fighting
w activities.
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� 3 . There presently appears to be no medical evidence
o H to link the spread of either HTLV-III or Hepatitis
-I H B to airborne exposures. Accepted transmission
rA o) methods are limited to direct contact with a source
x w of infection and mucus membranes. It would also be
,�'d, W anticipated that a fire involving combustibles
cow would reach a temperature of at least 1200 degrees
o z F. , sufficient to kill the virus.
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N 4 . All OSHA, CDC, and EPA guidelines indicated that
U a equipment which comes into contact with a potential
w x source of blood contamination can be decontaminated
by use of a bleach solution, germicide, or with
N r
,l N certain equipment, by sterilization. Said
� c�° equipment is to be rinsed after decontamination.
Staff from either the transportation division or
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the incineration site would be available to assist
in the decontamination process. Adequate amounts
of current disinfectant would be available at both
the incineration site and the transportation
division. Any special equipment requiring
sterilization could be handled at a local hospital
or other appropriate facility. The wash solutions
and rinse water may be discharged to a domestic
sewer outlet or taken to the Colorado Incineration
incineration site for destruction. If said
equipment is incapable of being sterilized of
decontaminated by standard procedures, the said
equipment would be replaced at cost to the District
of other responding agency.
Policy: CISI206 Effective Date: July 25, 1991
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V COLORADO INCINERATION SPILL CONTROL PROCEDURE
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o w Purpose: To establish procedures for the safe and proper handling
0 3 of any spill event. These procedures are designed to
• provide maximum protection for staff while minimizing any
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} w environmental concerns. These procedures are applicable
a to spill events both inside and outside the collection
O vehicle.
w
in Policy:
.. w
a1. A spill control kit will be maintained all each vehicle
w employed for the collection of medical waste. This kit
ro a shall be checked daily to ensure that all contents are
present.
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w 2 . The spill control kit will contain at least the following
,Hn items:
a
✓ a. Appropriate absorbent material for the
w vw4 collection of liquids.
b. Red spill collection bags
o
• z c. Empty waste containers for collection of
o spilled waste
u z d. A disinfecting solution of 1: 100 bleach - this
solution will be changed weekly and labeled as
to date created.
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N e. Broom and shovel
mco f. Disposable gloves
i " g. Disposable coveralls
m w h. Goggles or face shield
i. A copy of this policy
3 . All staff involved in a spill clean up will wear the
following protective equipment during the clean up
process:
a. Disposable gloves
b. Goggles or faceshield
c. Disposable coveralls
d. Safety shoes
4 . In the event of spill occurrence, any solid waste will be
collected and placed into one of the spill collection
bags. The broom and shovel maintained in the kit will be
used for collection of the waste. UNDER NO CIRCUMSTANCES
WILL STAFF COLLECT THE WASTE DIRECTLY BY HAND. The
EXHIBIT "C" 11110q1
collection bag(s) will then be placed into an empty waste
container and taken to the incineration facility for
disposal.
5. Any spilled liquids will be covered with a generous
o
v amount of absorbent material which will remain in place
for at least ten(10) minutes. The absorbent material will
Lo o then be collected by broom and shovel and placed into a
collection container for incineration.
A
a
O Cs)
6. Following the collection of any spilled solid and/or
• absorbent material, the area affected by the spill will
o
x be disinfected using the 1: 100 bleach solution. The
Cs)
solution will be applied and left on the spill area,
a there is no need to collect the solution.
v
n a 7 . The broom and shovel utilized for the spill clean up will
.. 0 also be disinfected by use of the bleach solution.
N
w8 . Upon completion of the clean up process, the gloves and
N a coveralls worn by the staff will be placed in the waste
CS collection container for incineration.
n z
• H 9. A "Spill Occurrence Report" will be completed by the
r F staff and given to the supervisor. All such reports will
x be kept on file for three (3) years.
w
M ,7
d W 10. This policy will be reviewed on an annual basis, or when
co a
ochanges in regulatory standards require change in the
z
m z procedures.
N 4
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n1 0R1
Colorado
Incineration Services, Inc.
1624 Market Street, Suite 200
Denver, Colorado 80202
Telephone. 303/534-4118
FAX:303/534-4192
September 3 , 1991
Mr. Keith Schuett
Weld County Dept. of Planning Services
915 Tenth Street
Greeley, CO 80631
Mr. Gordon Lacy, Chairman
Board of County Commissioners, Weld County
915 Tenth Street
Greeley, CO 80631
Dear Sirs:
RE: Colorado Incineration Services, Inc.
(Amended USR - 918)
As part of the site work requested in my letter to the
Department of Planning Services and Board of County Commissioners
dated August 21, 1991, certain pieces of heavy equipment will be at
the site during the site work.
In order to optimize the displacement of the equipment
Colorado Incineration Services, Inc. hereby requests the granting
of an additional site work permit allowing for an opening in the
side and roof of the building to facilitate the movement of
equipment for siting but not for installation.
We understand that our Performance Guarantee has received
preliminary approval by the County Attorney, final approval
pending. We have submitted on this date an additional $10, 000
Certificate of Deposit for the Performance Guarantee. The County
now has on deposit not less than $20, 000 insuring our performance.
In accordance with Weld County policy, Colorado Incineration
Services, Inc. hereby agrees to release and hold harmless Weld
County and all departments and employees concerning the issuance of
this permit. We further understand that if this permit is granted
and work is completed by Colorado Incineration Services, Inc. , all
such work performed is at the sole risk of Colorado Incineration
Services, Inc.
Mr. Keith Schuett
Mr. Gordon Lacy
September 3 , 1991
Page 2
The site work is progressing more rapidly than anticipated,
due to availability of additional manpower. We hope to have the
site work completed ten days ahead of the schedule as presented in
our letter of August 21, 1991.
S . cerely,
Kathryn K. Bowen
President
KKB/vl
(kin)
Bekaro Bank
INTER OFFICE MEMORANDUM
TO: Patty Butler
FROM: Beth Lin Johnson
DATE: September 3, 1991
SUBJECT: Certificate of Deposit
Enclosed is the Signature Card and Early Withdrawal Penalty
Form for the Certificate of Deposit that we spoke about on the
telephone. Please have the Gordon and Katherine sign where
highlighted. Please have Patty verify and sign the Backup
Withholding Certification. Please return the Signature Card and
the Early Withdrawal Penalty form to my attention at BELCARO BANK.
4100 East Mississippi Avenue n Denver. Colorado 80222 n 303/159-3500 ■ FAX: 303/758.7521
LIND, LAWRENCE & OTTENHOFF
ATTORNEYS AT LAW
THE LAW BUILDING
1011 ELEVENTH AVENUE
P O.BOX 326
GREELEY,COLORADO 80612
GEORGE H.OTTENHOFF TELEPHONE
KENNETH F.LIND (303)353.2323
KIM R.LAWRENCE August 29, 1991 (303)3569160
TELECOPIER
(303)3561111
Office o£ Weld County Attorney
915 Tenth Street
Greeley, CO 80631
Attention: Lee Morrison
RE: Colorado Incineration Services, Inc. (Amended USR-918 )
Dear Mr. Morrison:
Pursuant to our telephone conversation of August 29, 1991,
enclosed please find an original plus three copies of a revised
Amended Performance Guarantee Agreement. I have made changes at
the following paragraphs : introductory paragraph ( change of
date ) ; the fifth "Whereas" paragraph (adding a comma in the third
line ) ; paragraph 2 . 0 ( deleting last sentence ) ; paragraph 3 . 0
( correcting amount based upon bid letter ) ; paragraph 4 . 0
( changing cost based upon bid letter ) ; paragraph 5 . 0 ( new
totals ) ; paragraph 5 . 1 ( new paragraph) ; paragraph 6 .0 (changing
amounts and due dates ) ; paragrah 7 . 0 ( changing "of" to "or" ) ;
paragraph 8 . 0 ( adding exception language) ; and adding "seal" to
signature line for Colorado Incineration Services, Inc.
I believe the new amounts actually provide excessive
guarantee protection for the County and I would request your
review and approval to these changes at your earliest possible
convenience.
Additionally, for your records and as a further indication
of the proper intentions of the Applicant, enclosed please find a
copy of an insurance binder which provides One Million Dollars of
insurance coverage to the Applicant for pollution coverage. If
you have any additional questions , please contact the
undersigned.
Very truly yours,
LIND, RE & OTTENHOFF
Z()4,. 0
Kenzie h F. L nd
KFL/cg
Enclosure
_ _ __ --
ISSUE DATE(MMIDDIVY)
` Motu,. CERTIFICA'1 . OF INSURANCE _ 7-29-9_i
PRooUteR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE
Da Wobb 4 T a 10 T Inc . DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
y, Y poucieS DEJ-9w,
3138 S. Parker Rd COMPANIES AFFORDING COVERAGE
Aurora, CO 80014
COMPAN
LETTERYA ECS , Inc. .. _.
LETTER b' ECS , Inc.
Mum) •
Rocky Mountain Environmental , Incremy O
Colorado Incineration Services , Inca•
1624 Market St . , Suite 200 COMPANY p
LETTER
Denver, CO 80202 COMPANY E
LETTER -
PCOVERAGES
ND CATED.NOTWITHSTANDING ANYI REQUIREOF MENT,ENT,TERM OR CONDITION OF URANCE LISTED BELOW HAVE B ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TOEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE LWHICH THIS
EXCLUSIONS NO CONDITIONS OF SUCH POLICI THE INSURANCE AFFORDED BY ES.LIMITS SHOWN MAY HAVES BEEN REDUCED Y PAD CLAIMS DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
TA TYPE OF INSURANCE POLICY NUMBER
POLICY EFFECTIVE POLICY ExPIRATION LIMITS
DATE(MMIDDIYY) DATE(MM/00 YI
GENERAL AGGREGATE Ill,.00 0 ,000
GENERAL LIABNri I PRODUCTS�COMPIOP A00 ,S,1,OO.0.,000
A X,COMMLAIMSMADEAALUACCUR NKA125937401 1/03/91 1/03/92 PERSONAL 8.ADV.INJURY jl.1,00.0 ,000
1 HI CLAIMSONTR OCCUR.
I
EACH OCCURRENCE 4$ 1, 000'1000
(OWNER'S A CONTRACTOR'S PROT, 1 FIRE OAMAOE(Any 0n.SHY 9 SO 000
_ I MED.EXPENSE IMy ono paeon) $ Ei•NIL
COMBINED SINGLE '11 000 0001
B x LIMIT •
ANY AUTO NKA125886001 ;1/03/91 1/03/92 - -E-' -'-
AUTOMOBILE LIABILITY BODILY INJURY
ALL OWNED AUTOS (Per DonOn)
X '9CMEOULED AUTOS
X BODILY INJURY ! s
HIRED AUTOS (Par 0celd0nl)
X NON• OWED AUTOS
OARAOD LIABILITY 1, PROPERTY DAMAGE I B
and_accidental_,p.ol.lutiom_c mesag,P EACH OCCURRENCE I.E........
EXCESS LIABILITY AGGREGATE I i
UMBRELLA FORM _L,...,• -
OTHER THAN uMORELLA FORM STATUTORY LIMITS
WORKER'S COMPENSATION EACH ACCIDENT 9
AND DISEASE-POLICY UNIT 9 _.
EMPLOYERS'LIABILITY DISEASE-EACH EMPLOYEE B
OTHER A Contractors NTH 125982401 1/03/91 1/03/92 _$500 ,000 per loss
$500 ,000 Total B1]
Pollution Liability losses
_ Retro date 1-3-90
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES!SPECIAL ITEMS
_ _....• _�._. _ CANCELLATION
CERTIFICATE,HOLDER
SHOULD ANY Of THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL, DAYS WRITTEN NOTICE 70 THE CERTIFICATE HOLDER NAMED TO THE
LEFT. BUY FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGAnON OR
' LIABILITY OF ANY KIND UPON THE COMPANY.ITS AGENTS OR REPRESENTATIVES
AUTHORIZE• 'EPR ENTATIV o Baldwin -
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.,_, .. ., .,lu.vil LULUA DUL
AND COLORADO INCINERATIr•' SERVICES INC.
-1624 MARKET ST SUITE ZOO
DENVER CO 80202 ACCOUNT NAME
•
AND ADDRESS
•
SIGNATURES-THE UNDERSIGNED AGREE(S)TO THE TERMS STATED Account CD 76039_9ON THE FRONT AND BACK OF THIS FORM,AND THE SEPARATE MS- Number:
CLOSURE FORM, AND AC OWLEDGE(S) RECEIPT OF A COPY OF pate. 9-3-91
EACH ON TODAY" Number of Signatures
•
. 111: � � Required for 1Mthdrewal: 2
•
Type ofkH'u,61'S GORDON E. LACY Account: AUTO RENEW FD
X
•
S,SIONERS
uwner-
•
Izl:
ship: CORPORATE
•
hit'1 �••0VICES
'\ • Taxpayer C�✓'
131: r I.D.Number: 84-104-0335
•
L Telephone
**********************-
******* Numberd: 41
3) mC34- 18
x Name and ass f soeone who will always
` know your whereabouts:
` 1 141: • k
r CALL. PATTY BUTLER AT THE
' ******************************* ' ABOVE PHONE NUMBER WITH
•
ANY QIIESIIONS
•
•
• " BUSINESS ACCOUNTS• TRUST Oft PAY-ON-DEATH BENEFICIARIES-
' Authorization Received? ❑ Yes ❑No
Dated
Facsimile Signature? ❑ Yes ❑ No
•
•
TIME DEPOSITS• Term ONE YEAR Maturity Date 9-3-92
'• Notice Period Automatic Renews'? YFS Initial Deposit S 10.000.00 •
•
"•
• Certif.No. 760399 Additions Allowed? Minimum Addition S
' OTHER TERMS,EXPLANATIONS,OTHER SERVICES,ETC.-
Credit Statement
By signing this card,I/We authorize Be'caro Bank to contact any of the references fated on this card as well as any other source of
• information about my/our credit worthiness,previous banking relationships and further consent to information concerning this applica-
• tion or this account being given to credit reporting agencies or other cr cirtors.
Previous Banking References
What brought you to Belcaro Bank ^ ,
Opening Deposit 8 l n oon 00
Work Phone: Approval Code:
Employer:
•
i.•
BACi Dtt
P Iz l tit BACKUP WITHHOLDING - I am not subject to backup
withholding either because I have not been notified that I am "
subject to backup withholding as a result of a failure to report .
all interest or dividends.or die Internal Revenue Service has
; aTAXPAYER I.D.-NUMBER • The taxpayer identi lion notified me that lam nolongersubject tobackup withholding.
ber shown above (Taxpayer LD. Number) is my ell
• taxpayer identification number. ❑ EXEMPT RECIPIENTS-lam an exempt recipient under '
the Internal Revenue Service Regulations.
❑ APPLIED-FOR TAXPAYER Ili.NUMBER-A taxpayer id
"-tification number has not been issued to me,and I mailed o
delivered an application to receive a taxpayer identification NONRESIDENT ALIENS-1 am not a United States person,
number to the appropriate Internal Revenue Service Center or r H I am an individual,'am neither a citizen nor a resident
Social Security Administration Office (or I intenortd?yttej`p " the United States
deliver an application in the near future).I understand than
I do not provide a taxpayer identification number to the payor NATURE: By signing below 1 certify under penalties of
within 60 days,the payor is required to withhold 20 percent perjury the statements ceded y
of all reportable payments thereafter made to me until l provide s^r +y r,'-
a number. ,A s a
• 1�)
6 Belcaro Bank-4100 East Mississippi Avenue
• . Deriver, Colorado 80222
• ' 303/759-3600
__.____.....__
0 BANKERS SYSTEMS,INC.,1985 ST CLOUD,MN 56301425188 MULTIPLE DEPOSIT ACCOUNT AGREEMENT MDAA.SC AAA
- 1 `THE BOARD OF COUNTY COhMISSSIONER OF WELD COUiy'tZUM NAME
AND COLORADO INCINERATION SERVICES ADDRESS •
SIGNATURES-THE ON THE FROM AND UNDERSIGNED
OF THIS FORM,AND THE SEPARATE DTERMS M- _760397
CLOSURE FORM,AND ACKNOWLEDGES' RECEIPT OF A COPY OF pane, SEVT 3 1771
EACH ON TODAY'S D T Number of Signarun
(11: Required for VOtIvi nwl:
+e� i �/, �, r ,� AccountAUTORENEWCD-`[ li�l:6Yleii Y ` �* -
(24, la�x 4. i 6 r.� � e i ,'v.
o CORPORATE j' /
T
p1:r io * Ji 84--1090335
vi. "******************* Telephone lznzlrzn All
. • 1
AGREEMENT -The following printed terms, and those on the deposit account disclosure, will govern the 1
operation of this account, unless clearly varied in writing or typing on this form, the disclosure, or in a :'
separate written agreement. "We," "our," or "us" means the depository institution and "you" means the
account holder(s).This agreement includes your promise to pay the charges listed on the deposit account
disclosure and your permission for us to deduct these charges,as earned,directly from the account balance. !-
You also agree to pay any additional reasonable charges we may impose for services you request which are I
'not contemplated by this agreement. Each of you agrees to be jointly and severally liable for any account
1.
deficit resulting from charges or overdrafts,whether caused by you or another authorized to withdraw from ,
this account,together with the costs we incur to collect the deficit including,to the extent permitted by law,
-:i our reasonable attorneys fees.
This agreement incorporates clearinghouse rules and state and federal law, except to the extent that this
agreement can and does vary such rules or law. i
DEPOSITS-Any items accepted for deposit (including items drawn"on us-)will be given provisional credit
only until collection-is final land actual credit for deposits of, or payable in, foreign currency will be at the 1
exchange rate in effect on final collection in U.S. dollars). We are not responsible for transactions initiated 1
by mail or outside depository until we actually record them.` WITHDRAWALS- Unless otherwise indicated on the reverse side, any one of you who signs this form may ';
,I
I withdraw or transfer all or any part of the account balance at any time on forms approved by us. Each of
• .,ti, you authorizes each other person signing this form to endorse any item payable to you or your order for .3
•,a deposit to this account or any other transaction with us, until we receive actual notice to the contrary. The t
i fact that we may honor withdrawal requests-which overdraw the finally collected account balance does not
t obligate us to do so.We will not be obligated to honor such requests unless required by law. I
We reserve the right to refuse any withdrawal or transfer request which is for an amount less than any
•}I minimum withdrawal or which exceeds any frequency limitation. Repeated abuse of the stated limitations
(if any) may eventually force us to close this account.We will use the date a transaction is completed by us
i (as opposed to the day you initiate it) to apply the frequency limitations.On interest-bearing accounts other
-'{ than time deposits,we reserve the right to require at least seven days written notice before any withdrawal
or transfer.Withdrawals from a time deposit prior to maturity or prior to the expiration of any notice period i
may be restricted and may be subject to penalty. See your notice of penalties for early withdrawal.
OWNERSHIP OF ACCOUNT-The following provisions explain the rules applicable to this account depending
on the form of ownership specified on the reverse side. Only the ponion corresponding to the form of
ownership specified will apply. Individual Account-Such an account is issued to one person who does not
intend(merely by opening this account)to create any survivorship rights in any other person.Joint Account
' -With Survivorship (And Not As Tenants In Common) - Such an account is issued in the name of two or
- more persons. Each of you intend that upon your death the balance in the account (subject to any previous
pledge to which we have consented) will belong to the survivor(s). If two or more of you survive, you will
own the balance in the account as joint tenants with survivorship and not as tenants in common. Joint
Account-No Survivorship(As Tenants In Common) -Such an-account is issued to two or more persons, but
none of you intend (merely by opening this account)to create any right of survivorship in any other person.
, We encourage you to agree and tell us in writing of the percentage of the deposit contributed by each of
you. This information will not, however, affect the "number of signatures necessary for withdrawal. Trust
or Pay-On-Death Account- If two or more of you create such an account, you own the account jointly with
survivorship. Beneficiaries acquire the right to withdraw only if(1)all persons creating the account die, and
(2)the beneficiary is then living. If two or more beneficiaries are named and survive the death of all persons
creating the account, such beneficiaries will own this account in equal shares.without right of survivorship.
The person(s)creating either of these account types reserves the right to:111 change beneficiaries:121 change
' account types; and 13) withdraw all or part of the deposit at any time. Corporate, Partnership, and other
Organizational-Accounts -We reserve the right to require the governing body of the legal entity to give us
• a separate authorization telling us who is authorized to act on its behalf.We will honor such an authorization
until we actually receive written notice of a change from the governing body.
ACCOUNT TRANSFER -This account may not be transferred or assigned without our written consent.
AMENDMENTS AND TERMINATION-We may amend the terms of this account at any time upon reasonable
• { notice to you by posting notice of the changes in our building,enclosing notice
in a stanotice and mailing the accouement for this nt
or mailing notice to you.We may-also close this account at any time by giving
balance to you. Notice from us to any one of you
is notice
t the person who signed the particular item and
o all ol you.
STOP-PAYMENTS -We will honor a stop-payment t
by any other person having the right to withdraw from this account equal to or greater than the person
signing the particular item. To be effective, a stop-payment order must be received in time to give us a
reasonable opportunity to act on it, and must precisely-identify the number, date and amount of the item,
and the payee.
STATEMENTS - If you do not notify us of an unauthorized signature or alteration within a reasonable time you! (not to exeed 14 days) after : 111 you cannot .
assert thecunauthor zed signatures
igns ueresort alteration-against us`even if werare unable to how a statement and s loss due to your •
failure and,(2)you cannot assert any unauthorized signatures or alterations by the same wrongdoer on items
paid by us after the reasonable time mentioned above elapses- but before we receive your notice. We lose
these protections if we fail to exercise ordinary care in paying an item with an unauthorized signature or
alteration, unless you do not,notify us of the problem within 60 days of when we send or make available to •you the statement and items.You must also report any other account problem (e.g. erroneous statement or "
passbook entry, missing signature, unauthorized endorsement. etc.) within this 60-day period or lose your
' right to assert the problem against us.
• DIRECT DEPOSITS-If,in connection with a direct deposit plan,we deposit any amount in this account whit
: should have been returned to the Federal Government for any reason-you authorize us to deduct the amount
of our liability to the Federal Government from this account or from any other account you have with us,
without prior notice and at any time, except as prohibited by Iaw.•We may also use any other legal remedy
to recover the amount of our liability. - -
SET-OFF - By signing this form you each.agree that we may (without prior notice and when permitted by
•
law) set-off the funds in this account against any due and payable debt owed to us now or in the future, by
' any is you having the right of apply too withdrawal.
s account if:
(a)of itUshan IRA or ar legal tax defeentity's
ed Set right
eme tNaccount;
This right of set-off does not apply _
or Ibl the debt is created by a consumer credit transaction under a credit card plan; or (d the debtor's right
•
of withdrawal arises only in a representative capacity.
FORM MDAA-SC, MPSC 4/18/89
,. '•
,\ r .
.
•
q1 / E
NOTE TO FILE PL0456
Pursuant to Resolution #2005-2091, every attempt was made to return the Certificate of
Deposit being held by Weld County to either Belcaro Bank or Colorado Incineration
Services; however, the Clerk to the Board's office was unable to locate either one.
Therefore, the original C. D. is in the envelope taped to the front cover of this file.
41003g9 a9
q=µ as
TWO SIGNATURES REQUIREAUTOMATICALLY RENEWABLE CERTIFICATE OF DEPOSIT
T _
TO WITHDRAWL
�Belcaro Bank Denver,
abrade 80222
;2 7 6 0 3 9 9
THIS CERTIFIES THAT THERE HAS BEEN DEPOSITED IN THIS INa I I IUYON THE AMOUNT OF
-.v' it }..;7
THE BOARD OF COUNTY COMMISSIONERS OF D OUNTY COLORADO DOLLARS
1624 MARKET ST. SUITE 200
ADDRESS
PAYABLE TO AND COLORADO INCINERATION SERVICES -
SOC.SEC OR TAX ID.NO. INTEREST RATE INTEREST PAYABLE , ,
84-1090335 ceT DATE OF ISSUE MATURITY DATE � iUNT DEPOSITED5.65 %.:: MATURITY SEPT 3, 1991 SEPT 3, 1992$ 10,000.00
PAYABLE IN CURRENT FUNDS AT ANY MATURITY DATE UPON PROPER ENDORSEMENT AND SURRENDER OF THIS CERTIFICATE THIS CERTIFICATE SHALL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS
EQUAL TO THE ORIGINAL TERM,UNLESS THE OWNER HEREOF PRESENTS THIS CERTIFICATE FOR PAYMENT OR OR WITHIN SEVEN DAYS AFTER,ANY MATURITY DATE OR UNLESS THE INSTITUTION MAILS
WRITTEN NOTICE TO THE OWNER AT THE ABOVE ADDRESS.AT LEAST TEN DAYS PRIOR TO ANY MATURITY,OF THE INSTITUTION'S INTENTION TO REDEEM THIS CERTIFICATE INTEREST HEREON SHALL
BE PAYABLE DURING THE PERIOD OF EACH SUCH RENEWAL AT THE RATE SPECIFIED IN A NOTICE FROM THE INSTITUTION,OR,IN THE ABSENCE OF ANY
ON TIME CERTIFICATES OF DEPOSIT WITH THE SAME TERM AS THIS CERTIFICATE AS OF THE DATE OF SUCH RENEWAL THIS CERTIFICATE MAY BE REDEEMED IN ADVANCE OF
CONSENT OF THE INSTITUTION AND ONLY IN ACCORDANCE WITH THE PENALTY FOR EARLY WITHDRAWAL. SUCH NICE AT THE RATE BEING MID BY THE INSTITUTION
EACH MATURITY DATE ONLY WITH THE
❑ DEPOSIT INTEREST TO ACCOUNT NO. ❑ MAIL INTEREST CHECK
airADD INTEREST TO PRINCIPAL
-_
TRANSFERABLE ONLY ON THE BOOKS OF,OR WITH PERMISSION O , HE ISSUING INSTITUTION AUTHORIZED SIGNATURE k
"'
rr.q-
,17...4,-,17...4,-",. 5
;
2e iico
CrZcit *
COLLATERAL RELEASED
IN CONJUNCTION WITH
OTHER CASES
SEE #2005-2091
Hello