HomeMy WebLinkAbout20243123.tiffRESOLUTION
RE: APPROVE PROFESSIONAL SERVICE AGREEMENT AND INDUSTRIAL WASTE AND
DISPOSAL SERVICES AGREEMENT FOR LANDFILL VOUCHER PROGRAM AND
USED TIRE COLLECTION EVENT, AND AUTHORIZE CHAIR TO SIGN - WASTE
MANAGEMENT DISPOSAL SERVICES OF COLORADO, INC., DBA NORTH WELD
LANDFILL
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Professional Service Agreement and
an Industrial Waste and Disposal Services Agreement for the Landfill Voucher Program and the
Used Tire Collection Event between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, on behalf of the Department of Public Health
and Environment, and Waste Management Disposal Services of Colorado, Inc., dba North Weld
Landfill, commencing upon full execution of signatures, with further terms and conditions being
as stated in said agreements, and
WHEREAS, after review, the Board deems it advisable to approve said agreements,
copies of which are attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Professional Service Agreement and an Industrial Waste and
Disposal Services Agreement for the Landfill Voucher Program and the Used Tire Collection
Event between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Health and Environment,
and Waste Management Disposal Services of Colorado, Inc., dba North Weld Landfill, be, and
hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreements.
cc: I-1L(Sc/Cif)
01(271,5
2024-3123
HL0057
PROFESSIONAL SERVICE AGREEMENT AND INDUSTRIAL WASTE AND DISPOSAL
SERVICES AGREEMENT FOR LANDFILL VOUCHER PROGRAM AND USED TIRE
COLLECTION EVENT - WASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO,
INC., DBA NORTH WELD LANDFILL
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of November, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COU O
ATTEST: :.,,ztiftvo G1 `ey,..44
Weld County Clerk to the Board
BY/fl • 0a)16)J-
Deputy Clerk to the Board
APP: e ED A
ounty Attorney
2/5/9 Date of signature: Z�
Kev' Ross, Chair
Perry L. Bufk, Pro-Tem
Mike Freeman
2024-3123
HL0057
Con fivckc-- tbc 0
BOCC STAFF USE
Date Set: Time:
BOARD OF COUNTY COMMISSIONERS
WORK SESSION REQUEST
WORK SESSION TITLE: Landfill Voucher Program & Used Tire Collection Event
DEPARTMENT: Public Health & Environment DATE: 5/2/2024
PERSON REQUESTING: Jason Chessher EXTENSION: 2293
Has your Commissioner Coordinator or BOCC Chair approved the work session?
X Yes, Commissioner Coordinator
Yes, B0CC Chair
Recommended length of time needed for discussion:
15 minutes X 30 minutes other (list)
In addition to yourself and the board, please list who should attend:
Dan Joseph, Jennifer Finch, Jennifer Ofteliee Elizabeth Relford, Curtis Hall, Bill Fritz
Brief description of the issue: Informational only _X Action needed
The Health Department (with input from Public Works and Planning Departments) seeks
to coordinate two initiatives to minimize illegal dumping. The first is a pilot tire collection
event where up to 500 residents can sign-up to drop off 4 used tires each. The second
is a voucher program where staff would purchase approximately 2,000 vouchers from
local landfills which would allow residents to dump waste free of charge. Some
vouchers would be given to Planning to assist residents in complying with violation
orders.
Options for the board: The BOCC can approve or decline both programs. The total
cost is estimated to be approximately $160,000 which will be funded through solid waste
revenue (landfill tipping fees). The goal is to reduce illegal dumping along county roads
which results in significant county cost to clean-up dump sites.
Recommendation to the board: I recommend the B0CC approve both initiatives.
**Please be sure to have all materials to Karla Ford by a minimum of one day prior to the
scheduled work session for inclusion into electronic work session packets to be viewed on the
Board's laptops.**
2024-3123
x/21
HUM
Greetings,
Memorandum
TO: Waste Connections Front Range Landfill
FROM: Weld County Department of Public Health and
Environment
DATE: August 21, 2024
SUBJECT: Landfill Voucher Program
The Weld County Department of Public Health and Environment (WCDPHE) has been coordinating with
representatives of Waste Connections Front Range Landfill regarding implementing a large -item disposal
event using Weld County -funded waste disposal vouchers. The goal of the event is to introduce a potential
long-term program to aid residents of Weld County in practicing effective waste management and to
reduce illegal waste disposal. If funding is approved, we look to host these events semi-annually.
For this event, an allotted number of vouchers will be available for residents of Weld County only. Each
voucher will cover the cost of waste disposal up to $110.00 and only waste streams accepted by Front
Range Landfill will be approved for waste disposal. Residents utilizing this voucher will be required to
follow Front Range Landfill rules and requirements and may be refused by the landfill if these rules and
requirements are not followed.
Residents of Weld County will be able to obtain one voucher per household from WCPPHE and have up
to 60 days to redeem at the landfill. The vouchers will have information regarding the length of validity
per voucher, non -acceptable waste at Front Range Landfill, and identifying markers on the voucher to
verify it was obtained by the designated entity. Any voucher used after their expiration date shall not be
accepted by the landfill.
As mentioned, the total value of the vouchers approved by WCDPHE will be up to $110 per voucher.
Through prior correspondence with representatives of Waste Connections Front Range Landfill, the base
load pricing per resident that will be utilizing a voucher will be $83.47. The voucher will cover the base
load price, but the voucher does not need to be used in its entirety. Any vouchers used should be invoiced
according to the charged amount of waste individual residents bring during the duration of this event.
Any waste billed exceeding the amount of the voucher will be the responsibility of the visitor/resident
presenting the voucher and will not be covered by WCDPHE.
Attached you will find our professional service agreement. We are suggesting using this document as the
basis for contracting as it has been vetted through our legal department. Note that certain items are
required to be in the agreement, however, suggested changes or amendments will be reviewed.
Please contact Miguel Garcia at 970-400-2316 or Dan Parkos at 970-400-2217 should you have any
questions.
PROFESSIONAL SERVICE AGREEMENT BETWEEN WELD COUNTY AND WASTE
MANAGEMENT - NORTH WELD LANDFILL
THIS AGREEMENT is made and entered into this ay of INovemk i/ I
2024, by and between the Board of Weld County Commissioners, on behalf of WELD
COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, hereinafter
referred to as "County," and WASTE MANAGEMENT DISPOSAL SERVICES OF
COLORADO, INC. , hereinafter referred to as "Contractor".
WHEREAS, County desires to retain Contractor to perform services as required
by County and set forth in the attached Exhibits; and
WHEREAS, Contractor is willing and has the specific ability, qualifications, and
time to perform the required services according to the terms of this Agreement; and
WHEREAS, Contractor is authorized to do business in the State of Colorado and has
the time, skill, expertise, and experience necessary to provide the services as set forth
below.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereto agree as follows:
1. Introduction. The terms of this Agreement are contained in the terms recited in this
document and in the attached Exhibits, each of which forms an integral part of this
Agreement and are incorporated herein. The parties each acknowledge and agree
that this Agreement, including the attached Exhibits, define the performance
obligations of Contractor and Contractor's willingness and ability to meet those
requirements (the "Work"). If a conflict occurs between this Agreement and any
Exhibit or other attached document, the terms of this Agreement shall control, and
the remaining order of precedence shall based upon order of attachment.
Exhibit A consists of an example of the Voucher that will be supplied to county
residents living in unincorporated Weld County.
Exhibit B consists of pricing structure from the Contractor.
2. Service or Work. Contractor agrees to procure the materials, equipment and/or
products necessary for the Work and agrees to diligently provide all services, labor,
personnel, and materials necessary to perform and complete the Work described in
the attached Exhibits. Contractor shall further be responsible for the timely
completion and acknowledges that a failure to comply with the standards and
requirements of Work within the time limits prescribed by County may result in
County's decision to withhold payment or to terminate this Agreement.
3. Term. The term of this Agreement begins upon the date of the mutual execution of
this Agreement for an initial term of three (3) years and may be extended for two (2)
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consecutive years subject to County annual budget appropriations and shall
continue through and until Contractor's completion of the responsibilities described
in the attached Exhibits. This Agreement may be extended upon mutual written
agreement of the Parties.
4. Termination; Breach; Cure. County may terminate this Agreement for its own
convenience upon thirty (30) days written notice to Contractor. Either Party may
immediately terminate this Agreement upon material breach of the other party,
however the breaching party shall have fifteen (15) days after receiving such notice
to cure such breach. Upon termination, County shall take possession of all materials,
equipment, tools and facilities owned by County which Contractor is using, by
whatever method it deems expedient; and, Contractor shall deliver to County all
drawings, drafts, or other documents it has completed or partially completed under
this Agreement, together with all other items, materials and documents which have
been paid for by County, and these items, materials and documents shall be the
property of County. Copies of work product that is incomplete at the time of
termination shall be marked "DRAFT -INCOMPLETE." If this Agreement is
terminated by County, Contractor shall be compensated for, and such compensation
shall be limited to, (1) the sum of the amounts contained in invoices which it has
submitted and which have been approved by the County; (2) the reasonable value to
County of the services which Contractor provided prior to the date of the termination
notice, but which had not yet been approved for payment; and (3) the cost of any
work which the County approves in writing which it determines is needed to
accomplish an orderly termination of the work. County shall be entitled to the use of
all material generated pursuant to this Agreement upon termination. Upon
termination of this Agreement by County, Contractor shall have no claim of any kind
whatsoever against the County by reason of such termination or by reason of any
act incidental thereto, except for compensation for work satisfactorily performed
and/or materials described herein properly delivered.
5. Extension or Amendment. Any amendments or modifications to this agreement
shall be in writing signed by both parties. No additional services or work performed
by Contractor shall be the basis for additional compensation unless and until
Contractor has obtained written authorization and acknowledgement by County for
such additional services. Accordingly, no claim that the County has been unjustly
enriched by any additional services, whether or not them is in fact any such unjust
enrichment, shall be the basis of any increase in the compensation payable
hereunder. In the event that written authorization and acknowledgment by the
County for such additional services is not timely executed and issued in strict
accordance with this Agreement, Contractor's rights with respect to such additional
services shall be deemed waived and such failure shall result in non-payment for
such additional services or work performed. In the event the County shall require
changes in the scope, character, or complexity of the work to be performed, and said
changes cause an increase or decrease in the time required or the costs to the
Contractor for performance, an equitable adjustment in fees and completion time
shall be negotiated between the parties and this Agreement shall be modified
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accordingly by Change Order. Any claims by the Contractor for adjustment
hereunder must be made in writing prior to performance of any work covered in the
anticipated Change Order, unless approved and documented otherwise by the
County Representative. Any change in work made without such prior Change Order
shall be deemed covered in the compensation and time provisions of this
Agreement, unless approved and documented otherwise by the County
Representative.
6. Compensation. Upon Contractor's successful completion of the Work, and
County's acceptance of the same, County agrees to pay Contractor an amount not
to exceed $110.00 as set forth in the Exhibits. Actual amount is determined by the
load size referenced in Exhibit B. Costs exceeding $110.00 shall be paid at the time
of service by the Voucher Holder to the Contractor. No payment in excess of that set
forth in the Exhibits will be made by County unless a Change Order authorizing such
additional payment has been specifically approved by Weld County as required
pursuant to the Weld County Code. If, at any time during the term or after
termination or expiration of this Agreement, County reasonably determines that any
payment made by County to Contractor was improper because the service for which
payment was made did not perform as set forth in this Agreement, then upon written
notice of such determination and request for reimbursement from County, Contractor
shall forthwith return such payment(s) to County. Upon termination or expiration of
this Agreement, unexpended funds advanced by County, if any, shall forthwith be
returned to County. County will not withhold any taxes from monies paid to the
Contractor hereunder and Contractor agrees to be solely responsible for the
accurate reporting and payment of any taxes related to payments made pursuant to
the terms of this Agreement. Unless expressly enumerated in the attached Exhibits,
Contractor shall not be entitled to be paid for any other expenses (e.g. mileage).
Notwithstanding anything to the contrary contained in this Agreement, County shall
have no obligations under this Agreement after, nor shall any payments be made to
Contractor in respect of any period after December 31 of any year, without an
appropriation therefore by County in accordance with a budget adopted by the Board
of County Commissioners in compliance with Article 25, Title 30 of the Colorado
Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and
the TABOR Amendment (Colorado Constitution, Article X, Sec. 20).
(a) Commencing on January 1, 2026, and on the same date annually thereafter
(the "Adjustment Date'), the service rates set forth in the Rate Schedule in
Section 6, as adjusted hereunder, shall be automatically increased by one
hundred percent (100%) of the percentage increase of the Consumer Price
Index, series CUUR0000SEHG CPI -U Water and Sewer and Trash Collection
Services, US City Average, not seasonally adjusted, as published by the
United States Department of Labor, Bureau of Labor Statistics ("CPI-WST').
The CPI-WST adjustment will be calculated using the average of the changes
for the 12 -months between the December to November period of the year
immediately prior to the adjustment date, and the December to November
period of the year before. Adjustments to the Contractor's service rates shall
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be made in units of one cent ($0.01). Fractions less than one cent ($0.01)
shall not be considered when making adjustments.
(b) The Contractor's service rates set by this Contract are calculated to pay
certain expenses and costs that are of a contingent and uncertain nature.
Therefore, in addition to the annual adjustment provided by Section a, the
Contractor's rates under this Contract shall, upon written request of
Contractor, be further adjusted on an interim basis for increased expenses or
reduced revenue associated with performance of the services hereunder due
to any one or more of the following causes:
i. Material changes resulting from a force majeure event, including but
not limited to riots, wars, sabotage, civil disturbances, insurrections,
strikes or other labor disturbances, explosion, natural disasters such as
hurricanes, floods, earthquakes, landslides, and fires, pandemics or
threat of pandemics;
ii. Fees or taxes imposed specifically on Contractor's services by any
governmental agency having jurisdiction;
iii. Any change in operations mandated by county;
iv. Any change in foreign, federal, state or local laws or regulations;
v. Any extraordinary increase in costs or decreases in revenues for
disposal, processing or marketing of Solid Waste, Recyclable
Materials, Green/Yard Waste, or Organic Waste;
vi. An extraordinary increase in the cost of fuel used by Collection
Vehicles;
vii. Changes in baseline assumptions, such as changes in volumes
collected and changes in the amount of container contamination;
viii. Changes in subcontractor costs; or
ix. Any other extraordinary circumstances or causes or reasons that are
not within the reasonable control of Contractor.
(c) If Contractor requests an adjustment due to the extraordinary circumstances
set forth above, Contractor shall prepare a rate adjustment request setting
forth its calculation of the increased costs or reduced revenue and
accompanying rate adjustment necessary to offset such increased costs or
reduced revenue. The city may request any and all documentation and data
reasonably necessary to evaluate such request by Contractor, and may
retain, at its own expense, an independent third party to audit and review
such documentation and such request. If such third party is retained, the city
shall take reasonable steps, consistent with state law, to protect the
confidential or proprietary nature of any data or information supplied by
Contractor. The city shall act within ninety (90) days of receipt of the request
from Contractor and shall approve the request if reasonably sufficient
supporting information is provided.
(d) Notwithstanding the foregoing, if the request is based upon any new or
increased third party fees, taxes, assessments or charges changes in law, of
changes in the scope of service, the city shall approve the interim rate
adjustment, and provide its approval within such time period as necessary to
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ensure that such charges are passed on to customers by the date the same
are effective.
7. Independent Contractor. Contractor agrees that it is an independent contractor and
that Contractor's officers, agents or employees will not become employees of
County, nor entitled to any employee benefits (including unemployment insurance or
workers' compensation benefits) from County as a result of the execution of this
Agreement. Contractor shall be solely responsible for its acts and those of its
agents and employees for all acts performed pursuant to this Agreement.
8. Subcontractors. Contractor acknowledges that County has entered into this
Agreement in reliance upon the particular reputation and expertise of Contractor.
Contractor shall not enter into any subcontractor agreements for the completion of
the Work without County's prior written consent, which may be withheld in County's
sole discretion. County shall have the right in its reasonable discretion to approve all
personnel assigned to the Work during the performance of this Agreement and no
personnel to whom County has an objection, in its reasonable discretion, shall be
assigned to the Work. Contractor shall require each subcontractor, as approved by
County and to the extent of the Work to be performed by the subcontractor, to be
bound to Contractor by the terms of this Agreement, and to assume toward
Contractor all the obligations and responsibilities which Contractor, by this
Agreement, assumes toward County. County shall have the right (but not the
obligation) to enforce the provisions of this Agreement against any subcontractor
hired by Contractor and Contractor shall cooperate in such process. The Contractor
shall be responsible for the acts and omissions of its agents, employees and
subcontractors.
9. Ownership. All work and information obtained by Contractor under this Agreement
or individual work order shall become or remain (as applicable), the property of
County. In addition, all reports, documents, data, plans, drawings, records and
computer files generated by Contractor in relation to this Agreement and all reports,
test results and all other tangible materials obtained and/or produced in connection
with the performance of this Agreement, whether or not such materials are in
completed form, shall at all times be considered the property of the County.
Contractor shall not make use of such material for purposes other than in connection
with this Agreement without prior written approval of County.
10. Confidentiality. Confidential information of the Contractor should be transmitted
separately from non -confidential information, clearly denoting in red on the relevant
document at the top the word, "CONFIDENTIAL." However, Contractor is advised
that as a public entity, Weld County must comply with the provisions of the Colorado
Open Records Act (CORA), C.R.S. 24-72-201, et seq., with regard to public records,
and cannot guarantee the confidentiality of all documents. Contractor agrees to
keep confidential all of County's confidential information. Contractor agrees not to
sell, assign, distribute, or disclose any such confidential information to any other
person or entity without seeking written permission from the County. Contractor
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agrees to advise its employees, agents, and consultants, of the confidential and
proprietary nature of this confidential information and of the restrictions imposed by
this Agreement.
11. Warranty. Contractor warrants that the Work performed under this Agreement will
be performed in a manner consistent with the standards governing such services
and the provisions of this Agreement. Contractor further represents and warrants
that all Work shall be performed by qualified personnel in a professional manner,
consistent with industry standards, and that all services will conform to applicable
specifications. For work in which Contractor produces a design to be used for
construction purposes, Contractor shall carefully check all unit quantities and
quantity calculations and shall submit them for County review. If the County
experiences additional costs during project construction which are directly
associated with errors and omissions (professional negligence) which require
change orders to the construction contract resulting in costs greater than the
construction contract bid unit costs, Contractor shall be financially liable for such
increased costs.
12.Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor
shall submit to County originals of all test results, reports, etc., generated during
completion of this work. Acceptance by County of reports and incidental material(s)
furnished under this Agreement shall not in any way relieve Contractor of
responsibility for the quality and accuracy of the project. In no event shall any action
by County hereunder constitute or be construed to be a waiver by County of any
breach of this Agreement or default which may then exist on the part of Contractor,
and County's action or inaction when any such breach or default exists shall not
impair or prejudice any right or remedy available to County with respect to such
breach or default. No assent expressed or implied, to any breach of any one or more
covenants, provisions or conditions of the Agreement shall be deemed or taken to
be a waiver of any other breach. Acceptance by the County of, or payment for, the
Work completed under this Agreement shall not be construed as a waiver of any of
the County's rights under this Agreement or under the law generally.
13.Insurance. Contractor must secure, before the commencement of the Work, the
following insurance covering all operations, goods, and services provided pursuant to
this Agreement, and shall keep the required insurance coverage in force at all times
during the term of the Agreement, or any extension thereof, and during any warranty
period. For all coverages, Contractor's insurer shall waive subrogation rights against
County.
Types of Insurance.
Workers' Compensation /Employer's Liability Insurance as required by state
statute, covering all of the Contractor's employees acting within the course and
scope of their employment. The policy shall contain a waiver of subrogation against
the County. This requirement shall not apply when a Contractor or subcontractor is
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exempt under Colorado Workers' Compensation Act., AND when such Contractor or
subcontractor executes the appropriate sole proprietor waiver form.
Commercial General Liability Insurance induding public liability and property damage,
covering all operations required by the Work. Such policy shall include minimum limits as
follows: $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000
Personal injury $5,000; Medical payment per person.
Automobile Liability Insurance: Contractor shall maintain limits of $1,000,000
combined single limit each occurrence for bodily injury and property damage applicable to all
vehicles operating both on County property and elsewhere, for vehicles owned,
hired, and non -owned vehicles used in the performance of this Contract.
Proof of Insurance. Upon County's request, Contractor shall provide to County a
certificate of insurance,. County shall require Contractor to provide a certificate of
insurance naming Weld County, Colorado, its elected officials, and its employees as
an additional insured.
Subcontractor Insurance. Contractor hereby warrants that all subcontractors
providing services under this Agreement have or will have the above -described
insurance prior to their commencement of the Work, or otherwise that they are
covered by the Contractor's policies to the minimum limits as required herein.
Contractor agrees to provide proof of insurance for all such subcontractors upon
request by the County.
No limitation of Liability. The insurance coverages specified in this Agreement
are the minimum requirements, and these requirements do not decrease or limit the
liability of Contractor. The County in no way warrants that the minimum limits
contained herein are sufficient to protect the Contractor from liabilities that might
arise out of the performance of the Work under by the Contractor, its agents,
representatives, employees, or subcontractors. The Contractor shall assess its own
risks and if it deems appropriate and/or prudent, maintain higher limits and/or
broader coverages. The Contractor is not relieved of any liability or other obligations
assumed or pursuant to the Contract by reason of its failure to obtain or maintain
insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at
its own expense, any additional kinds or amounts of insurance that it may deem
necessary to cover its obligations and liabilities under this Agreement.
Certification of Compliance with Insurance Requirements. The Contractor stipulates
that it has met the insurance requirements identified herein. The Contractor shall be
responsible for the professional quality, technical accuracy, and quantity of all
services provided, the timely delivery of said services, and the coordination of all
services rendered by the Contractor and shall, without additional compensation,
promptly remedy and correct any errors, omissions, or other deficiencies.
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14. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its
officers, agents, and employees, from and against any and all injury, loss, damage,
liability, suits, actions, claims, or willful acts or omissions of any type or character
arising out of the Work done in fulfillment of the terms of this Agreement or on
account of any act, claim or amount arising or recovered under workers'
compensation law or arising out of the failure of the Contractor to conform to any
statutes, ordinances, regulation, judicial decision, or other law or court decree. The
Contractor shall be fully responsible and liable for any and all injuries or damage
received or sustained by any person, persons, or property on account of its
performance under this Agreement or its failure to comply with the provisions of the
Agreement. It is agreed that the Contractor will be responsible for primary loss
investigation, defense and judgment costs where this contract of indemnity applies.
In consideration of the award of this contract, the Contractor agrees to waive all
rights of subrogation against the County its associated and/or affiliated entities,
successors, or assigns, its elected officials, trustees, employees, agents, and
volunteers for losses arising from the work performed by the Contractor for the
County. A failure to comply with this provision shall result in County's right to
immediately terminate this Agreement.
15. Non -Assignment. Contractor may not assign or transfer this Agreement or any
interest therein or claim thereunder, without the prior written approval of County. Any
attempts by Contractor to assign or transfer its rights hereunder without such prior
approval by County shall, at the option of County, automatically terminate this
Agreement and all rights of Contractor hereunder. Such consent may be granted or
denied at the sole and absolute discretion of County.
16. Examination of Records. To the extent required by law, the Contractor agrees that
an duly authorized representative of County, including the County Auditor, shall have
access to and the right to examine and audit any books, documents, papers and
records of Contractor, involving all matters and/or transactions related to this
Agreement. Contractor agrees to maintain these documents for three years from the
date of the last payment received.
17. Interruptions. Neither party to this Agreement shall be liable to the other for delays
in delivery or failure to deliver or otherwise to perform any obligation under this
Agreement, where such failure is due to any cause beyond its reasonable control,
including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or
Governmental actions.
18. Notices. County may designate, prior to commencement of Work, its project
representative ("County Representative") who shall make, within the scope of his or
her authority, all necessary and proper decisions with reference to the project. All
requests for contract interpretations, change orders, and other clarification or
instruction shall be directed to County Representative. All notices or other
communications made by one party to the other concerning the terms and conditions
of this contract shall be deemed delivered under the following circumstances:
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a) personal service by a reputable courier service requiring signature for receipt;
or
b) five (5) days following delivery to the United States Postal Service, postage
prepaid addressed to a party at the address set forth in this contract; or
c) electronic transmission via email at the address set forth below, where a
receipt or acknowledgment is required and received by the sending party; or
Either party may change its notice address(es) by written notice to the other. Notice
may be sent to:
TO CONTRACTOR:
Name: WM
Position: Legal Notices
Address: 222 S Mill Ave
Address: Ste 301
E-mail:
Phone:
TO COUNTY:
Name: Dan Parkos
Position: EH HHW Program Coordinator
Address: 1555 North 17th Ave
Address: Greeley Colorado, 80631
E-mail: dparkos@weld.gov
Phone: (970) 400-2217
19. Compliance with Law. Contractor shall strictly comply with all applicable federal
and State laws, rules and regulations in effect or hereafter established, including
without limitation, laws applicable to discrimination and unfair employment practices.
20. Non -Exclusive Agreement. This Agreement is nonexclusive and County may
engage or use other Contractors or persons to perform services of the same or
similar nature.
21. Entire Agreement/Modifications. This Agreement including the Exhibits attached
hereto and incorporated herein, contains the entire agreement between the parties
with respect to the subject matter contained in this Agreement. This instrument
supersedes all prior negotiations, representations, and understandings or
agreements with respect to the subject matter contained in this Agreement. This
Agreement may be changed or supplemented only by a written instrument signed by
both parties.
22. Fund Availability. Financial obligations of the County payable after the current
fiscal year are contingent upon funds for that purpose being appropriated, budgeted
and otherwise made available. Execution of this Agreement by County does not
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create an obligation on the part of County to expend funds not otherwise
appropriated in each succeeding year.
23. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq.
and §24-50-507. The signatories to this Agreement state that to their knowledge, no
employee of Weld County has any personal or beneficial interest whatsoever in the
service or property which is the subject matter of this Agreement.
24. Survival of Termination. The obligations of the parties under this Agreement that
by their nature would continue beyond expiration or termination of this Agreement
(including, without limitation, the warranties, indemnification obligations,
confidentiality and record keeping requirements) shall survive any such expiration or
termination.
25. Severability. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be
construed and enforced without such provision, to the extent that this Agreement is
then capable of execution within the original intent of the parties.
26. Governmental Immunity. No term or condition of this Agreement shall be
construed or interpreted as a waiver, express or implied, of any of the immunities,
rights, benefits, protections or other provisions, of the Colorado Governmental
Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended.
27. No Third -Party Beneficiary. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action
relating to such enforcement, shall be strictly reserved to the undersigned parties
and nothing in this Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Agreement. It is the express
intention of the undersigned parties that any entity other than the undersigned
parties receiving services or benefits under this Agreement shall be an incidental
beneficiary only.
28. Board of County Commissioners of Weld County Approval. This Agreement
shall not be valid until it has been approved by the Board of County Commissioners
of Weld County, Colorado or its designee.
29. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established
pursuant thereto, shall be applied in the interpretation, execution, and enforcement
of this Agreement. Any provision included or incorporated herein by reference which
conflicts with said laws, rules and/or regulations shall be null and void. In the event
of a legal dispute between the parties, Contractor agrees that the Weld County
District Court shall have exclusive jurisdiction to resolve said dispute.
30. No Employment of Unauthorized Aliens - Contractor certifies, warrants, and agrees
that it does not knowingly employ or contract with an unauthorized alien who will
10
perform work under this Agreement (see 8 U.S.C.A. §1324a) nor enter into a
contract with a subcontractor that employs or contracts with an unauthorized alien to
perform work under this Agreement. Upon request, contractor shall deliver to the
County a written notarized affirmation that it has examined the legal work status of
an employee and shall comply with all other requirements of federal or state law.
Contractor agrees to comply with any reasonable request from the Colorado
Department of Labor and Employment in the course of any investigation.
If Contractor fails to comply with any requirement of this provision, County may
terminate this Agreement for breach, and if so terminated, Contractor shall be liable
for actual and consequential damages.
31.Attorney's Fees/Legal Costs. In the event of a dispute between County and
Contractor concerning this Agreement, the parties agree that each party shall be
responsible for the payment of attorney fees and/or legal costs incurred by or on its
own behalf.
32. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration
by any extra judicial body or person. Any provision to the contrary in this Agreement
or incorporated herein by reference shall be null and void.
Acknowledgment. County and Contractor acknowledge that each has read this
Agreement, understands it and agrees to be bound by its terms. Both parties further
agree that this Agreement, with the attached Exhibits, is the complete and exclusive
statement of agreement between the parties and supersedes all proposals or prior
agreements, oral or written, and any other communications between the parties relating
to the subject matter of this Agreement.
11
CONTRACTOR:
By: v v
Name: Curtis Gardner
Title: pubIir Sector Sohn itinns Manager
11/14/2024
Date of Signature
WELD COUNTY:
ATTEST: , to; , BOARD OF COUNTY COMMISSIONERS
Weld Coun er to the Boar�*,.,R WELD COUNTY, COLORADO
•1Ii% 144 ,1 a 1.
Dep ty Clerk o the Boar
BY:
12
D. Ross, Chair
NOV 2 7 2024
o2oa/-,3ia 3
EXHIBIT fA
Fall 2024 Landfill
VOUCHER
EIC
C-
a
Valid for one visit between
XX/XX/XXXX and XX/XX/XXXX
6.1;
r
• go
O
• C
t
- a
o ≥ a
.. V
C v+ v
a a A
y a
a
a
N
E
VALID FOR ONE VISIT ONLY AT EITHER
THE
North Weld Landfill
40000 CR 25, Ault
OR
Front Range Landfill
1830 CR 5, Erie
This voucher is good for
A single truck OR trailer load
up to one ton.
Additional volume or weight
will be subject to fees paid by
the resident at the time of disposal.
For information about acceptable items,
hours of operation
r other general landfill questions
go to
www.frontrangelandfill.tom
303-637-9431
OR
North_Weld Landfill Fact_Sheet.pdf
(wmsolutions.com4
866-909-4458
WV
WANE M*fl* iEMENiT
INDUSTRIAL WASTE & DISPOSAL SERVICES
AGREEMENT
CUSTOMER BILUNG ADDRESS
Weld
Health
County
and
Environment
Department
of
- Voucher
Public
1555
North
17th
Ave
Greeley, CO 80631
Exhibit B
North Weld Landfill
Disposal Facility
CUSTOMER CONTRACTING ADDRESS
(If ddferent from Billing Address)
CUSTOMER SERVICE LOCATION
(If different from Billing Address)
Dan
Parkos
dparkosweldgov,com
970-400-6415
ext
2217
WM Customer
Service Phone:
720-977-2102
WM Contact:
Curtis Gardner
cgardne7@wm.co
m
Mobile Phone:
720-413-5511
Service Information
Waste Description:
Disposal Cost:
Fee Summary:
Minimum Charges:
Special Handling:
C&DIMSW
Loose Waste: $65.00 per ton, plus applicable fees
Pickup: (Bed Level) $79.00 per load, plus applicable fees
Pickup: (Cab Level) $108.00 per load, plus applicable fees
Appliances: $40.00 each (Plus $55 for freon Removal)
1. All disposal rates will be subject to a variable rate fuel charge. The fuel charge calculation will
be tied directly to the national average price of diesel fuel as reported weekly by the Energy
Information. Administration of the U.S Department of Energy ("EIAJDOE") in its weekly retail on -
highway diesel prices index. This index is objective, publicity available and widely recognized in
the trucking and transportation industries. The actual surcharge table for the landfill can be found
at httQ_/Iwww0.wm.com/wmLprocurementLFuelinfoLHistoricai.ndf
2. Disposal rate will be subject to the WM Corporate Standard (WWM) Waste Water Management
fee, currently 14.5%.
3. All wastes disposed of will be subject to the State of Colorado Solid Waste User Fee (SWUF)
and Front Range Diversion Fee (FRDF), at the regulatory rates, currently $143 per ton, $0.21 per
pickup
2 ton, plus applicable fees. On Loose Waste
Pricing is not applicable to special waste or special handling materials, including asbestos containing
materials and isexclusively for the management of municipal solid waste. The above rate is not
applicable to quantities greater than (3) Mattress per load.
The disposal of tires is also not permitted.
Salesperson Code: 392 State 2 digit code: CO
I Waste CAT: MSW/CDT I Waste Type: Non- Haz
THE WORK C�NTE P TED T 1S I � � � MLA 8Y H EXHIB T A IS T 8E DVNE IN ACC RDANCE snit'
THE ERMS a
CvNDITIONS OE
THE INDUSTRIAL SERVICES AGREEMENT OR OTHER CONTRACTUAL AGREEMENT BETWEEN THE PARTIES DATED:
COMPANY
By:
Name: Curtis Gardner
Title Public Sector Solutions Manager
Date
CUSTOMER
Sign:JO
, .) /
1/a7�a�
Name: Kevin D. Ross Date
Title: Chair,
Board of Weld County Commissioners
02001 0/a3
Contract Form
Entity Information
Entity Name* Entity ID*
WASTE MANAGEMENT DISPOSAL @00000870
SERVICES OF COLORADO, INC.
Contract Name*
NORTH WELD LAND=ILL VOUCHER PROGRAM
AGREEMENT - WASTE MANAGEMENT
Contract Status
CTB REVIEW
[ 1 New Entity?
Contract ID
8890
Contract Lead *
BFRITZ
Contract Lead Email
bfritz@weld.gov;Health-
Contractsgweld.gov
Contract Description *
NORTH WELD LAND:ILL VOUCHER PROGRAM AGREEMENT - WASTE MANAGEMENT
Contract Description 2
Contract Type *
AGREEMENT
Amount *
$110.00
Renewable *
NO
Automatic Renewal
Grant
IGA
Department
HEALTH
Department Email
CM-Health@weld.gov
Department Head Email
CM-Health-
DeptHead Y,weld.gov
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
D.GOV
Requested BOCC Agenda
Date *
12:02;'2024
Parent Contract ID
Requires Board Approval
YES
Department Project #
Due Date
11 28'2024
Will a work session with BOCC be required?*
HAD
Does Contract require Purchasing Dept. to be
included?
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in On Base
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Contact Info
Contact Name
Purchasing
Purchasing Approver
Approval Process
Department Head
JASON CHESSHER
DH Approved Date
11 22 2024
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
11/27 2024
Review Date *
10/01/2027
Committed Delivery Date
Contact Type Contact Email
Finance Approver
CHERYL PATTELLI
Renewal Date
Expiration Date*
1 1 / 30/2027
Contact Phone 1
Purchasing Approved Date
Finance Approved Date
1 1 22 2024
Tyler Ref #
AG 112724
Originator
BFRITZ
Legal Counsel
BYRON HOWELL
Contact Phone 2
Legal Counsel Approved Date
1 1 22 2024
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