HomeMy WebLinkAbout950236.tiffRESOLUTION
RE: AUTHORIZE THE HUDSON SANITATION DISTRICT TO APPLY FOR GRANT FUNDS
DIRECTLY TO THE STATE OF COLORADO, DEPARTMENT OF HEALTH, AS THE
APPROVED MANAGEMENT AGENCY UNDER SECTION 208 OF THE FEDERAL
CLEAN WATER ACT
WHEREAS, Hudson Sanitation District ("The District") is a political subdivision of the State
of Colorado and as such is subject to all the fiscal laws relating to accounting, budgeting and
auditing as is Weld County, and
WHEREAS, Weld County is an approved Section 208 Management Agency and has the
authority to designate a district as an authorized representative for the purpose of applying to the
Colorado Department of Health for grants, and
WHEREAS, The District owns and operates sewer treatment facilities and requires financial
assistance to complete an engineering evaluation of its inflow and infiltration collection system, and
WHEREAS, The District Board of Directors has determined that financial assistance should
be requested from the Colorado Department of Health to be used to perform an engineering
evaluation of the inflow and infiltration of the collection system.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Hudson Sanitation District application for a grant for the proposed inflow
and infiltration engineering study be, and hereby is, approved, subject to the following conditions:
1. The District has full responsibility for the fiscal and records management
requirements and all other requirements associated with the grant, as dictated by
the grantor.
2. The District is authorized to receive grant funds directly from the grantor.
3. The District will maintain grant funds in separate accounts to enable ease in tracking
of the State monies.
4. The District Board President is the authorized representative for The District and
can file for application for issuance of advance payments for 201 Facility
Planning/Design and is authorized to sign the application for advance payments as
The District's authorized representative.
950236
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RE: AUTHORIZE APPLICATION TO STATE - HUDSON SANITATION DISTRICT
PAGE 2
5. The District will provide the Weld County Finance Department with the following:
A. A copy of acceptance of this Resolution from the Colorado Department of
Health Water Quality Control Division.
B. A copy of the Advance Payments contract for the proposed inflow and
infiltration engineering study.
C. A copy of The District's annual audit for the period of time covering the
study.
6. The obligations of Weld County under this Resolution shall be limited to the
appointment of The District as the County's authorized representative for the
purpose of The District applying for the grant funds in accordance with the
Department of Health and EPA regulations. The District, in consideration of the
County's authorization granted herein, agrees to indemnify and hold the County and
its officials, employees and agents harmless from any and all damages or claims
for damages or other relief including, without limitation, attorneys' fees and costs
made against the County or any of its officials, employees or agents resulting from
or arising in any way out of the County's relationship with The District concerning
the proposed engineering study and the applications and receipt of funds from the
Colorado Department of Health. Nothing in said agreement to indemnify and hold
harmless shall be construed in any way to be a waiver by either party of the
protection to which they and their officials, employees and agents are entitled under
the Colorado Government Immunity Act, CRS, Section 24-10-101, et. seq., as
amended.
7. Nothing in this Resolution shall operate or be construed in any way to alter or
diminish any of Weld County's land use or other policies or regulations which may
apply to any future uses or facilities planned or developed by The District related or
pursuant to the Colorado Department of Health grant application authorized
thereunder.
950236
SD0029
RE: AUTHORIZE APPLICATION TO STATE - HUDSON SANITATION DISTRICT
PAGE 3
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 22nd day of February, A.D., 1995.
BOARD OF COUNTY COMMISSIONERS
71
ATTEST I n"4
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Weld County Clerk to the Board
BY: / `X A d�----71 cis`
Deputy Clerk to the Board \
APPROVED AS TO FORM:
my orney
W LD COUNTY, C.LORADO
.,Kirkmeyer,Tem
eorge E'Baxter
FXCI JSFIl
Constance L. Harbert
W. H. Webster
950236
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and
AGREEMENT
THIS AGREEMENT is made and entered into this c ; N "' day of a'- `
1995, by and between the County of Weld, State of Colorado, by and through the Board or
County Commissioners of the County of Weld, whose address is 915 Tenth Street, Greeley,
Colorado 80631, hereinafter referred to as "County," and the Hudson Sanitation District, whose
address is 551 As I, St - fo, ys-co , Hudson, Colorado 80642, hereinafter referred to
as "District."
WITNESSETH:
WHEREAS, on February 22, 1995, County passed a Resolution authorizing District to
apply directly to the State of Colorado Department of Health, as the approved management
agency under Section 208 of the Federal Clean Air Act, for grant funds to pay for an engineering
evaluation of the end flow and infiltration of District's collection system, and
WHEREAS, a copy of which is attached hereto and is referred to herein as "Exhibit A,"
WHEREAS, paragraph 6 of Exhibit A includes agreements by the District regarding the
obligations of the respective parties and indemnification and governmental immunity, and
WHEREAS, both parties now see the need for the District to formally agree to the
promises set forth in paragraph 6 of Exhibit A.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. The District agrees to all of the statements and promises as set forth in paragraph
6 of the attached Exhibit A.
2. The term of this Agreement shall be from the date of signing as set forth herein to
and until such time as the District has completed its obligations as set forth in Exhibit A.
SIGNED the day and year set forth above.
Page 1 of 2 Pages
950236
ATTEST:
CLERIC TO THE BOARD OF
COUNTY COMMISSIONERS
BY: 4',"
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„fizz
BOARD OF COUNTY COMMISSIONERS
O OF WELD COUNT CO IRADO
Dale K. Ha , Chaim
HUDSON SANITATION DISTRICT
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BY: z2-.2.2-67
SUBSCRIBED AND SWORN to before me this az(,/aday of
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WITNESS my hand and official seal.
My commission expires:
HUDSON.DB
otary Public
// /99S
Page 2 of 2 Pages
950236
HUDSON SANITATION DISTRICT
557 Ash, P. O. Box 56, Hudson, CO 80642
April 24, 1995
Donald D Warden
Director - Finance and Administration
Weld County
Department of Finance and Administration
P. O. Box 758
Greeley, CO 80632
RE: Transmittal of Contract Documents
Dear Don:
Per your letter of March 1, 1995, please find the enclosed copy of the executed Advance of
Allowance Contract between the State of Colorado and the Hudson Sanitary District. We
received the executed contract today. In addition, we have enclosed an executed copy of the
Weld County Agreement, dated February 22, 1995.
Thank you for your assistance in these matters.
Sincerely, l --
Rod Sisson
Secretary/Treasurer
Hudson Sanitary District
930236
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