HomeMy WebLinkAbout20242702.tiffRESOLUTION
RE: APPROVE PROFESSIONAL SERVICE AGREEMENT AND MUNICIPAL SOLID
WASTE (MSW), CONSTRUCTION AND DEMOLITION DEBRIS (C&D), AND SPECIAL
WASTE DISPOSAL AGREEMENT FOR LANDFILL VOUCHER PROGRAM AND USED
TIRE COLLECTION EVENT, AND AUTHORIZE CHAIR TO SIGN -
WASTE CONNECTIONS, INC., DBA FRONT RANGE 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 a
Municipal Solid Waste (MSW), Construction and Demolition Debris (C&D), and Special Waste
Disposal 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 Connections, Inc., dba Front Range 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 the Municipal Solid Waste
(MSW), Construction and Demolition Debris (C&D), and Special Waste Disposal 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 Connections, Inc., dba Front
Range 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: NL(3c/SMIBF/IS)
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2024-2702
HL0057
PROFESSIONAL SERVICE AGREEMENT AND MUNICIPAL SOLID WASTE (MSW),
CONSTRUCTION AND DEMOLITION DEBRIS (C&D), AND SPECIAL WASTE DISPOSAL
AGREEMENT FOR LANDFILL VOUCHER PROGRAM AND USED TIRE COLLECTION
EVENT - WASTE CONNECTIONS, INC., DBA FRONT RANGE LANDFILL
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 14th day of October, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COU OLO
ATTEST:
Weld County Clerk to the Board
• ttliA,to ) LIL
Deputy Clerk to the Board
APP''VED
y ' T•`' ey
Date of signature: `D 17 l Z
Kevi
D. Ross, Chair
Perry ck, Pro-Tem
EXCUSED
Mike Free an
K. James
Saine
2024-2702
HL0057
Date Set:
BOCC STAFF USE
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, BOCC 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 Oftelie, 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 BOCC 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.""
2024-2702
kiL L0037
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
CONNECTIONS INC- FRONT RANGE LANDFILL
THIS AGREEMENT is made and entered into this t4 ay of October, 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 Connections Inc.- Front Range Landfill, 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 and shall continue through and until Contractor's completion of the
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responsibilities described in the attached Exhibits. Both of the parties to this
Agreement understand and agree that the laws of the State of Colorado prohibit
County from entering into Agreements which bind County for periods longer than
one year. 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 there 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
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shall be negotiated between the parties and this Agreement shall be modified
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).
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
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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
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
4
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
exempt under Colorado Workers' Compensation Act., AND when such Contractor or
subcontractor executes the appropriate sole proprietor waiver form.
Commercial General Liability Insurance including 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 for
bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000
for 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.
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Professional Liability (Errors and Omissions Liability). The policy shall cover
professional misconduct or lack of ordinary skill for those positions defined in the
Scope of Services of this contract. Contractor shall maintain limits for all claims
covering wrongful acts, errors and/or omissions, including design errors, if
applicable, for damage sustained by reason of or in the course of operations under
this Contract resulting from professional services. In the event that the professional
liability insurance required by this Contract is written on a claims -made basis,
Contractor warrants that any retroactive date under the policy shall precede the
effective date of this Contract; and that either continuous coverage will be
maintained, or an extended discovery period will be exercised for a period of two (2)
years beginning at the time work under this Contract is completed. Minimum Limits:
$1,000,000 Per Loss; $2,000,000 Aggregate.
Proof of Insurance. Upon County's request, Contractor shall provide to County a
certificate of insurance, a policy, or other proof of insurance as determined in
County's sole discretion. County may require Contractor to provide a certificate of
insurance naming Weld County, Colorado, its elected officials, and its employees as
an additional named 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:
Position:
Address:
Address:
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
8
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. Public Contracts for Services Contractor certifies, warrants, and agrees that it
does not knowingly employ or contract with an illegal alien who will perform work
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under this Agreement. Contractor will confirm the employment eligibility of all
employees who are newly hired for employment in the United States to perform work
under this Agreement, through participation in the E -Verify program. Contractor shall
not knowingly employ or contract with an illegal alien to perform work under this
Agreement or enter into a contract with a subcontractor that fails to certify with
Contractor that the subcontractor shall not knowingly employ or contract with an
illegal alien to perform work under this Agreement. Contractor shall not use E -Verify
Program or State of Colorado program procedures to undertake pre -employment
screening or job applicants while this Agreement is being performed. If Contractor
obtains actual knowledge that a subcontractor performing work under this
Agreement knowingly employs or contracts with an illegal alien, Contractor shall
notify the subcontractor and County within three (3) days that Contractor has actual
knowledge that a subcontractor is employing or contracting with an illegal alien and
shall terminate the subcontract if a subcontractor does not stop employing or
contracting with the illegal alien within three (3) days of receiving notice. Contractor
shall not terminate the contract if within three days the subcontractor provides
information to establish that the subcontractor has not knowingly employed or
contracted with an illegal alien. Contractor shall comply with reasonable requests
made in the course of an investigation by the Colorado Department of Labor and
Employment. Contractor shall, within twenty days after hiring a new employee to
perform work under the contract, affirm that Contractor has examined the legal work
status of such employee, retained file copies of the documents, and not altered or
falsified the identification documents for such employees. Contractor shall deliver to
County, a written notarized affirmation that it has examined the legal work status of
such employee and shall comply with all the other requirements of federal or state
law. 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.
Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-
103(3), if Contractor receives federal or state funds under the contract, Contractor
must confirm that any individual natural person eighteen (18) years of age or older is
lawfully present in the United States, if such individual applies for public benefits
provided under the contract. If Contractor operates as a sole proprietor, it hereby
swears or affirms under penalty of perjury that it: (a) is a citizen of the United States
or is otherwise lawfully present in the United States pursuant to federal law, (b) shall
produce one of the forms of identification required by federal or state law, and (c)
shall produce one of the forms of identification required by federal law prior to the
effective date of the contract.
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.
10
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.
CONTRACTOR:
Date of Signature
WELD CalUT G1 .:� leto;�.�
ATTEST / BOARD OF COUNTY COMMISSIONERS
Weld • nt Clerk to the =oard WELD COUNTY • a : DO
vin D. Ross, Chair OCT 1 4 2024
11
ZoZt1-Z 10Z
EXHIBIT A
Fall 2024 Landfill
FIER
Valid for one visit between
XX/XX/XXXX and XX/XX/XXXX
a
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u
o o > a�
Q ao
ttO 4a
1 r -
Oi u
c toOJ 43)
In• —
cu EL
atj
Ia
In
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
or other general landfill questions
go to
www.frontrangelandfill.com
303-637-9431
OR
North Weld Landfill Fact Sheet_pdf
(wmsolutions.com)
866-909-4458
EXHIBIT B
Front Range Landfill
MS11', C&D AND SPECIAL 11'ASTE DISPOSAL AGREEMENT
WASTE CONNECTIONS INC.
SPECIAL WASTE PROFILE NUMBER:
Customer Billing Information
Name: Coun of Weld
Address: 1 150 O Street
City: Greeley
State: _ CO
Phone: 970-400.4443 Fax:
Contact: MiKuel Garcia
Email: health-ap@weld goy
Zip: 80631
Waste Connections Subsidiary ("Service Presides -.1
Front Rant;e Landfill Phone 303 673 94O
1830 Weld County Road 5 Fax 303.673 9432
PC nos 320
Fri:. CO 80516
Business Development — Kathryn Berland — 303.746 2811
Office Manager - Gretchen McClelland — 720.826 4067
Project: 2024 Resident Disposal Project _ City of Origin: Weld County
Contact: Miguel Garcia
Additional Information: Account # 37.8
` Material Coda: CD SPAIN
Phone: 970-400-2316
Approximate Start Date: 8/9/2024
Credit Limit: �fl(l4854.
I ANII, (311 :tnd lneeial 11 rite Nervire. Subfect to the terms and conditions contained herein, Service Provider and Customer agree to be legally bound hereby and Service
Provider agrees to accept at its Facility, Acceptable Waste )hereinalier referred to as "MSN` (Muurtrnal Solid Wool, -CAD" (Construction and Demolition Debris) and
" 13:853 Waste") delivered by Customer, end which is acceptable to Service Provider as herein provided
2 .seeeputble Wty:e Only those MS W. CAD and Special Wastes described in Seaton 3 herein and in any Special Waste Profile(s) which number is identical to the contract
number referenced, and which Profile(s) are hereby incorporated by reference herein, and which Waste is subsequently approved by Service Provider and is otherwise in
accordance with all laws, regulations and permits, shall be acceptable fbrdisposal at the FacrlrtyrAaseetabla Woote" Z
3. (A) Ames for Dim.;
Waste: Disp�yl Rd(£)
C8O $96.00
Resident Drop Ott
fees / Taus / disc;
None
$83 47 None
\onreumate
Volume:
TBD
18O
L\ejdilitn Infitrmali
2 ton mrn_Per load
per load
Additional Information: Payment is Net 30 Days. Resident Drop Off rate is only while the event is going on.
Customer shall also he liable for all taxes, trees, or other charges imposed by federal; slate, local or provincial far: s and regulations The above listed rates include all
current governmental taxes and surcharges in -place as of the date of this agreement There shall be added to price per yard/ton amount equal to all additional
governmental taxes and surcharges that may be imposed on the disposal of MSW, C. U and special waste at the landfills after the date of this agreement.
(0) IneurAural inn by lle(crcnee. in addition to Special Waste Protile(s) and the Terms and Conditions of MSW, COD and Special Waste Disposal Agreement set forth
or, the second page of this document, the following documents are incorporated by reference into this Agreement as if hilly set forth herein
4. T,., At 0 ncnf This .lgreemen: is effective until I I/3t1/2014 subject to a price increase at the end of this term
SERVICE PROVIDER AND CUSTOMER, IN CONSIDERATION OF THE MUTUAL OBLIGATIONS CONTAINED HEREIN, AGREE THAT THIS IS A
LEGALLY BINDINGRWL�tT WHICH IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH ON THIS PAGE AND ON THE SECOND PAGE
OF THIS DOCU5
X
C,TOMER Sly:gin rt1P AO rI tOWEr) RFPRESENTATIV,
Kevin D. Ross, Chair
X Board of Weld Camay Commissioners
hlF ,AND `ITS F tr•I 1•P! �
0
OCT 1 4 2024
X
St:R ,f oeo rRE(CNAT7:Re::Uy:irri.L:ED It.tPRf P. Tt'
Randy Tour., - District Minagcr
;I-rcvr r!nG More NAM
Houstan Aragon
From:
Sent:
To:
Cc:
Subject:
Attachments:
Follow Up Flag:
Flag Status:
Dan Joseph
Thursday, October 3, 2024 12:33 PM
Houstan Aragon
Bill Fritz
FW: Weld County Landfill Program Memo/Professional Service Agreement
2024 Disposal Agreement Weld County.pdf; Landfill Voucher Program Memo_FRLF
(DP)_Final Edit.docx; professional -services -agreement -FRONT RANGE LANDFILL.docx
Follow up
Flagged
Thought this email that we originally sent would help.
Has a summary memo of what we were asking and the landfills disposal pricing (exhibits that are referenced).
Not a formal bid, we reached out to the 3 landfills in weld that accept wastes. Two are open to the public and we sent
this email out (other one was to North Weld). So in essence it didn't need a bid since we used all the available vendors
in the county.
We went back and forth on the credit limit items. We envisioned people using the vouchers over two months, and we
had 160,000 in total to use for the events. That meant 80,000 per landfill and each month would have been
40,000. However, since we weren't sure that everyone would use them that way, went with the 80,000 that we
allocated to each landfill.
As far as forms, since we were entering into a professional services agreement, felt that we needed a bit more than
what was listed in the disposal agreement (since they would be billing us and we may conduct additional events in the
future). We used our professional service agreement as the main contract as it has already been through our legal (just
to help fast track that part of the process).
So we will only pay the landfills whatever vouchers are used. So there isn't a directly set amount that either landfill
would receive. They are both waste management, however they operate as independent businesses, hence why we
need a contract with each.
Hope this helps to fill in some gaps here.
Dan Joseph CP-FS
Environmental Health Director
Weld County Department of Public Health and Environment
1555 North 17th Avenue
Greeley, CO 80631
phone: 970.400.2206
fax: 970.304.6411
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain
information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and
destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the
named recipient is strictly prohibited.
From: Miguel Garcia <msolisgarcia@weld.gov>
Sent: Monday, August 26, 2024 10:23 AM
To: Gretchen McClelland <Gretchen.McClelland@WasteConnections.com>; Randy Tourville
<Randy.Tourville@WasteConnections.com>
Cc: Dan Joseph <djoseph@weld.gov>; Dan Parkos <dparkos@weld.gov>; Lauren Light <Ilight@weld.gov>; Katie Sall
<ksall@weld.gov>; Casey Laudick <claudick@weld.gov>
Subject: Weld County Landfill Program Memo/Professional Service Agreement
Good morning, Gretchen,
Please find attached Weld County's Professional Service Agreement, Memo, and Disposal Agreement for your review.
One thing to note: We have updated our billing email and would prefer you use Health-ap@weld.gov for any invoicing
regarding this event.
Thank you and please let me know if you have any questions.
Best,
Miguel Garcia, NREMT
Environmental Health Specialist
Environmental Health Services
Department of Public Health & Environment
1555 N. 17th Ave. Greeley, CO 80631
970-400-2316 (Office)
970-657-4251 (Mobile)
msolisgarcia(ucweld.gov
JustFOlA CORA record requests: Weld County, CO Records Requests - Make a new request (iustfoia.com)
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to
which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this
communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or
the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited.
2
Contract Form
Entity Information
Entity Name
FRONT RANGE LANDFILL
Entity ID*
@00018322
Contract Name*
FRONT RANGE LANDFILL VOUCHER PROGRAM
Contract Status
CTB REVIEW
Contract Description *
FRONT RANGE LANDFILL VOUCHER PROGRAM
Contract Description 2
Contract Type*
AGREEMENT
Amount*
$80,000.00
Renewable*
NO
Automatic Renewal
Grant
IGA
Department
HEALTH
Department Email
CM-Health@weld.gov
Department Head Email
CM-Health-
DeptHead@weld.gov
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
D.GOV
Q New Entity?
Contract ID
8768
Contract Lead *
BFRITZ
Contract Lead Email
bfritz@weld.gov;Health-
Contracts@weld.gov
Parent Contract ID
Requires Board Approval
YES
Department Project #
Requested BOCC Agenda Due Date
Date* 10/10/2024
10/14/2024
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 OnBase
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Review Date *
01/02/2025
Committed Delivery Date
Renewal Date
Expiration Date*
10/01/2025
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head Finance Approver Legal Counsel
JASON CHESSHER CHERYL PATTELLI BYRON HOWELL
DH Approved Date Finance Approved Date Legal Counsel Approved Date
10/10/2024 10/10/2024 10/10/2024
Final Approval
BOCC Approved Tyler Ref #
AG 101424
BOCC Signed Date Originator
BFRITZ
BOCC Agenda Date
10/14/2024
Hello