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BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: BOCC Agenda Item - Approve Road Maintenance During Construction Agreement
for:Select Water Solutions — 1041 WOGLA24-0032
DEPARTMENT: Planning Services DATE: January 21, 2025
PERSON REQUESTING: Jazmyn Trujillo -Martinez
Brief description of the problem/issue:
The Department of Planning Services received a request from the applicant, Select Water Solutions, requesting that the
Board of County Commissioners consider approving the Road Maintenance Agreement for (1041 WOGLA24-0032). No
collateral is required with this agreement.
The Oil and Gas Energy Department's hearing for 1041 WOGLA24-0032 is scheduled for January 16, 2025.
Weld County Planning Services, Public Works, and Oil and Gas Energy Departments have reviewed the above mentioned
signed original document and observed the following'
•
•
•
All Public Works related items, of the Road Maintenance Agreement According To Policy', are found to be
acceptable
This Agreement complies with the terms of the WOGLA Permit. as signed by the Director of Oil and Gas
Energy Department.
This Agreement follows the template approved by the County Attorney.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda
2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda.
3. Have this BOCC Hearing item not placed on the next available agenda as neither part of the Consent Agenda nor the
Regular Agenda.
Consequences:
• New oil and gas development can pay their way for their impacts on the County Roadways, or the County
will be required to cover the costs of the new oil and gas development's impacts on the roadways.
Impacts:
• New oil and gas development with high traffic volumes impacts the County Road systems and causes wear
and tear more quickly than normal traffic volumes.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years):
• New oil and gas development will pay their proportional share of repairs and upgrades completed by the
County.
Recommendation
Option 1. The Departments of Public Works, Planning Services, Oil and Gas Energy, and the County Attorneys Office are
recommending approval of the Road Maintenance Agreement According To Policy for 1041 WOGLA24-0032. and that this
item be placed on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda.
Perry L. Buck, Chair
Scott K. James. Pro-Tem
Jason S. Maxey
Lynette Peppier
Kevin D. Ross
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Support Recommendation Schedule
Place on BOCC Agenda
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Other/Comments.
2025-0355
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ROAD MAINTENANCE AGREEMENT ACCORDING TO
REQUIREMENTS DURING THE CONSTRUCTION PERIOD
Select Water Solutions — 1041 WOGLA24-0032
THIS AGREEMENT is made this Irk' day of pt, , 2024, by and between Select Water
Solutions, a corporation organized under the laws of the State of J j4Wrc re, , whose address is 12515
Carriage Way, Oklahoma City, Oklahoma 73412, hereinafter referred to as "Operator," authorized to do
business in the State of Colorado, and the County of Weld, a body corporate and politic of the State of
Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley,
Colorado 80631 hereinafter referred to as "County."
WITNESSETH:
WHEREAS, "Operator" is the responsible party of the 1041 Weld Oil & Gas Location Assessment
(1041 WOGLA) permit located on the following described property in the County of Weld, Colorado:
NW1/4 of Section 35, Township 8 North, Range 60 West
of the 6th P.M., Weld County, Colorado
hereinafter referred to as "the Property," and
WHEREAS, Operator has received approval by the Hearing Officer of the Oil and Gas Energy
Department for 1041 WOGLA24-0032, and
WHEREAS, Operator facility will generate additional vehicles and heavy traffic directly associated
with 1041 WOGLA24-0032, for an extended period of time; and
WHEREAS, the County, and Operator are desirous of agreeing to terms involving regulation of
haul routes, traffic control, and road wear arising from such additionaltraffic.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants
contained herein, the parties hereto promise, covenant, and agree as follows:
Part I: SITE SPECIFIC PROVISIONS
A. Reserved
B. Haul/Travel Routes: Operator shall be financially responsible for its proportional share of the
associated costs for maintaining and/or improving designated haul/travel routes.
1.0 Haul Routes. The following roads are designated as haul/travel routes for the Property:
1) North and south along CR 105 between Highway 14 and approved site access. See
b "EXHIBIT A"
ale
2) The haul route shall remain in effect during all times of heavy road use including but not
limited to, construction, drilling of wells, and hydraulic fracturing.
2.0 Notice of Construction. A pre -construction inspection and a post -construction inspection shall be
oso performed by County personnel to determine the site -specific condition of the road. The Operator shall provide
the Weld County Departments of Public Works and Planning Services with two weeks advance notice of the
a. ro m _ start of construction activities authorized by the 1041 WOGLA permit and shall give additional notice within
m" a two weeks after construction has been completed.
10'2 Select Water Solutions —1041WOGLA24-0032 - RMCA24-0028
Page 1of7
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3.0 Haul trucks shall enter and exit the site at the approved access on CR 105 and travel north -south to the
nearest paved road for further dispersal. Any County roads used by traffic associated with
1041 WOGLA24-0032 may become part of the established haul/travel routes.
4.0 Weight Limits. No travel vehicles may exceed CDOT required specifications for pounds -per -axle and
axle configurations unless overweight permits have been applied for and granted. Operator is responsible for
researching weight limited bridges and obtaining a Special Transport Permit in accordance with Chapter 8,
Article XV, when establishing haul routes, and furthermore, must follow County overweight permit and
regulations.
5.0 Temporary Deviations. The Weld County Department of Planning Services Director may approve
temporary (six months or less) deviations from the haul routes described above. To receive such approval, the
Operator must submit an updated haul route map and written request stipulating the reasons for the deviation,
which will be reviewed County personal. Any change in haul route lasting more than six months shall require
an amendment to this Agreement approved by the Board of County Commissioners.
6.0 Haul Route Signage. Operator shall install travel route signs, if applicable, as per Manual of Uniform
Traffic Control Devices standards, at all exit points of the Property which can be clearly seen by drivers leaving
the facility and which clearly depict County approved travel routes.
7.0 No Deviation from Permitted Haul Routes. Except as authorized by the Weld County Board of County
Commissioners or the Director of the Department of Weld County Planning Services, pursuant to this
Agreement, no use of any roads other than those specifically authorized for use in this Agreement is permitted
without the prior written amendment of this Agreement.
C. Maintenance Requirements:
1.0 Off -site recurring maintenance, if applicable, and as required by the Departments of Planning Services,
Public Works, and Oil and Gas Energy, shall only be performed by a County approved contractor, and have a
county Right -of Way permit for that specific location:
2.0 Dust Control. Operator shall be financially responsible for maintaining dust control on unpaved
designated haul/travel routes during any period of construction, heavy truck traffic, and/or high -volume trip
generation. The amount and extent of dust control will be coordinated with Public Works Gravel Roads
Division by site -specific conditions at the time. Operator shall use a County -pre -approved contractor for
chemical applications. Chemical treatment of unpaved roads along the relevant haul/travel route(s) is expected
to occur approximately two to five times per year, or as required by Public Works. If traffic associated with
this use exceeds 200 vehicles per day, per Weld County Code Section 8-6-100, the Operator shall be
responsible for dust abatement. On the basis of damage or complaints, as determined by the County, the
Operator shall cause to be performed within two days of notification, at its sole expense, chemical dust control,
or other treatment, by a contractor approved by Weld County Public Works. Should the traffic related to
1041 WOGLA24-0032 deteriorate the chemical application performed by the County, the Operator will be
responsible for re -applying chemical to return the road to pre -construction condition. Depending on the amount
of maintenance, as related to traffic associated with this use, the Department of Public Works may require an
alternative treatment method which may or may not include: topical chemical application, full -depth chemical
application, recycled asphalt, or other surface treatment.
3.0 Obligation to Maintain Current Routes: Operator will be financially responsible for the excavation,
repair, and patching of any damage on current or future haul route roads, which in the sole opinion of County
has been created by vehicle traffic to and from the Property. Should Operator's site activities or vehicle
circulation patterns change in the future so that County approves an alternate haul route, and all or a significant
portion of Operator's sourced traffic no longer utilizes the above -described haul route and instead utilizes other
portions of County roads, Operator shall cooperate with County in maintenance of said roads which are
included within the new haul route. The type and method of repair will be determined by the County Engineer
Select Water Solutions — 1041WOGLA24-0032 - RMCA24-0028
Page 2 of 7
or his representative. Repairs shall commence within 48 hours of notification by the County for any roadway
damage that exposes the driving public to adverse or unsafe driving conditions. All other repairs shall
commence within thirty (30) days of receipt of Weld County's written notice.
3.1 Need for Immediate Repairs: In the event of damage to a designated haul/travel route by project
traffic that causes an immediate threat to public health and safety or renders the road impassible
("Significant Damage"), County shall, after inspection, notify Operator of such Significant
Damage. Operator shall identify the repair required and shall consult with County on the extent,
type, timing, materials, and quality of repair (i.e. temporary versus permanent) within twenty-four
(24) hours after receipt of such notice and shall commence such repair within forty-eight (48)
hours after receipt of such notice. If Operator identifies Significant Damage prior to receiving
notice thereof from County, Operator may commence repair of such Significant Damage and shall
concurrently notify County of the extent, type, timing, materials, and quality of repair (i.e.
temporary versus permanent).
3.2 In County's sole discretion, County may undertake the repairs and/or improvements. Operator's
payment for its Proportionate Share of the road repairs/improvements will be calculated as
described in this Agreement.
4.0 Proportionate Share of Road Maintenance Responsibilities:
4.1 Operator shall pay its Proportionate Share of costs of dust control/abatement, paving, repairs, or
maintenance of any particular Haul Route Road. Operator's Proportionate Share shall be based
upon the percentage of traffic on the road that is attributable to Operator's facility. County
personnel will determine the percentage based on then current Equivalent Single Axle Load
(ESAL) Counts. Operator shall not be responsible for traffic that is not sourced from the Operator's
facility.
4.2 The County shall notify Operator of County's preliminary determination and assessment of
Operator's proportionate share of costs. Prior to County's final determination and assessment,
County shall provide Operator with a reasonable opportunity to review, comment upon and
supplement County's data, collection methodology, and determinations. The County shall review
and consider Operator's input prior to making a final determination and assessment. The County
shall have sole responsibility for determination of Operator's proportionate share of costs.
Part II: GENERAL PROVISIONS
A. General Requirements:
1.0 Permits: Operator is required to apply for and receive all permits required by the County or any other o
applicable local, State, or federal permit, including but not limited to:
1. Access Permits. Operator shall not use any access onto any County Road unless and until an access o
permit has been issued by the Department of Planning Services. Planning Services may condition the
issuance of an updated access permit on the amendment of this Agreement if the updated access permit m3
authorizes the use of an additional access point, or if there is a change in use of the current access aoa _±c
point, as permitted by Article XIV of Chapter 8 of the Weld County Code.
2. Right -of -Way (ROW) Permits. Per Article XIII of Chapter 8 of the Weld County Code, any work 7.
occurring within County ROW requires a ROW permit issued by the Department of Public Works. No :a 3,2'1'
work shall occur without said ROW permit.0,2
Select Water Solutions — 1041WOGLA24-0032 - RMCA24-0028
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3. Transport Permits. Per Article XV of Chapter 8 of the Weld County Code, a Weld County Transport
Permit is required for Extra -legal vehicles using Weld County roadways to ensure the operation and
movement of Extra -legal Vehicles and Loads occurs in a safe and efficient manner.
2.0 Release of Liability. Operator shall indemnify and hold harmless the County from any and all liability
loss and damage County may suffer as a result of all suits, actions or claims of every nature and description
caused by, arising from, or on account of said design and construction of the site specific Use associated with
1041 WOGLA24-0032, and pay any and all judgments rendered against the County on account of any such
suit, action or claim, together with all reasonable expenses and attorney fees incurred by County in defending
such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of
the County or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from
the intentional torts or the gross negligence of the County or its employees while acting within the scope of
their employment.
3.0 Liability for Damage to Road. Operator shall be financially responsible for any and all damage caused
to any Weld County Road as a result of the design and construction of the site -specific Use associated with
1041 WOGLA24-0032, without regard to the negligence, or lack thereof, of Operator or its agents. This
provision shall survive Termination of this Agreement pursuant to section B.2.0, below, and shall be of no
further force and effect ten years after mutual execution of this Agreement.
B. Violations of Agreement and Remedies
1.0 Violation of Terms of Agreement: If in County's reasonable opinion, Operator has violated any of the
terms of this Agreement, County shall so notify Operator and shall state with specificity the facts and
circumstances which County believes constitute the violation. Operator shall have thirty (30) days within
which to either cure the violation or demonstrate compliance. Thereafter, County may seek any remedy
described in this Agreement or otherwise provided by law.
2.0 Termination of Agreement: This Agreement shall terminate upon the earliest of the following events:
3.1 Failure to Commence. County may terminate this Agreement upon or after rescission of the
underlying 1041 WOGLA permit approval under Weld County Code Chapter 21. However,
County may still exercise all necessary activities under this Agreement that the County determines
necessary to protect the health, safety, and welfare of the residents of Weld County.
3.2 Cessation of all Permit Related Activities. Termination of this Agreement shall occur upon
Operator's complete cessation of all activities permitted by the 1041 WOGLA, including any clean
up or restoration required. A partial cessation of activities shall not constitute a Termination of
this Agreement, nor shall County's issuance of a partial release/vacation constitute a Termination.
Unless informed in writing by the Operator of cessation of activities, and verified by the County,
cessation shall only be presumed if the County determines that the site has been inactive for three
(3) years.
3.3 Execution of Replacement Agreement. This Agreement shall terminate following County's
execution of a new Improvements Agreement with a new Operator who has purchased the Property
or has assumed the operation of the business permitted by the 1041 WOGLA and intends to make
use of the rights and privileges available to it through the then existing WOGLA.
3.4 Revocation of 1041 WOGLA. This Agreement shall terminate following County's revocation of
Operator's WOGLA, except that the Operator shall only be released from this Agreement after the
successful completion of any/all reclamation required under this Agreement.
Select Water Solutions — 1041WOGLA24-0032 - RMCA24-0028
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3.5 Completion of Construction: This Agreement shall terminate following Operator's completion of
construction of the facilities authorized by the underlying 1041 WOGLA Permit. Operator shall
notify the County of completion.
C.
Miscellaneous Provisions.
1.0 1.0 Successors and Assigns.
1.1 Except for the assignment of all or substantially all of Operator's assets, Operator may not
delegate, transfer, or assign this Agreement in whole or in part, without the prior express written
consent of County and the written agreement of the party to whom the obligations under this
Agreement are assigned. Consent to a delegation or an assignment will not be unreasonably withheld
by County. In such case, Operator's release of its obligations shall be accomplished by County's
execution of a new Agreement with the successor Operator of the property.
1.2 County's rights and obligations under this Agreement shall automatically be delegated,
transferred, or assigned to any municipality which, by and through annexation proceedings, has
assumed jurisdiction and maintenance responsibility over roads affected by this Agreement.
2.0 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.
3.0 Governmental Immunity. No term or condition of this contract 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.
4.0 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.
5.0 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.
6.0 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.
7.0 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, the parties agree that the Weld County District Court or
Federal District Court for the District of Colorado shall have exclusive jurisdiction to resolve said dispute.
8.0 Attorneys' Fees/Legal Costs. In the event of a dispute between County and Operator, 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.
Select Water Solutions — 1041WOGLA24-0032 - RMCA24-0028
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9.0 Release of Liability. Operator shall indemnify and hold harmless the County from any and all liability
loss and damage County may suffer as a result of all suits, actions, or claims of every nature and description
caused by, arising from, or on account of the design and construction of improvements, and pay any and all
judgments rendered against the County on account of any such suit, action or claim, and notwithstanding
Section 7.0 above, together with all reasonable expenses and attorney fees incurred by County in defending
such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of
the County or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from
the intentional torts or the gross negligence of the County or its employees while acting within the scope of
their employment. All contractors and other employees engaged in construction of the improvements shall
maintain adequate worker's compensation insurance and public liability insurance coverage and shall operate
in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and
health.
10.0 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.
11.0 Authority to Sign. Each person signing this Agreement represents and warrants that he or she is duly
authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants
to the other that the execution and delivery of the Agreement and the performance of such party's obligations
hereunder have been duly authorized, and that the Agreement is a valid and legal agreement binding on such
party and enforceable in accordance with its terms. If requested by the County, Operator shall provide the
County with proof of Operator's authority to enter into this Agreement within five (5) days of receiving such
request.
12.0 Acknowledgment. County and Operator 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 or
incorporated 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.
13.0 Notwithstanding any other provision contained in this Agreement, for any conflict or potential conflict
between any term in this Agreement and the Resolution of the Board of County Commissioners approving the
underlying land use permit, the provisions of the Board's Resolution shall control. In the event of a discrepancy
between this agreement and the Weld County Code in effect at the time of the agreement, the terms of the
Weld County Code shall control.
5010074 Pages: 6 of 8
02/07/2025 09:33 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
VIII IrdlliThi, RNlid' iNfrOir III II
Select Water Solutions — 1041WOGLA24-0032 - RMCA24-0028
Page 6 of 7
OPERATOR: Select Water Solutions
By:
Name: Kltl^'l
Title: Si- A Pee. tl11
STATE OF Cki.tior•e.
County of Coauu,j.cu5
Date 162/11/211
SS.
The foregoing instrument was acknowledged before me this 114' day of
2024, by is, benjess,n
WITNESS my hand and official seal.
i
DAVID CHEEK
Notary Public, State of Oklahoma
Commission x 22005995
My Commission Expires 04-28-2026
WELD COUNTY:
ATTEST: ,d,J;
Weld County Cle~k to the Board WELD COUNTY, COLORADO
Nerfaly Public
BY:
Deputy C erk to the Board
5010074 Pages: 7 of 8
02/07/2025 09:33 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
Zvi IPA':14tiOC Ill$' MiMilii10,15H 1I II 1
BOARD OF COUNTY COMMISSIONERS
Bucks Chair FEB 0 3 2025
Select Water Solutions — 1041 WOGLA24-0032 - RMCA24-0028
Page 7 of 7
Lat40°, Inc. 6250 W. 10th Street, Unit 2, Greeley, CO 970-515-5
HAUL ROUTE MAP
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SELECT WATER SOLUTIONS
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ON HWY 14
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HWY 14 (PAVED)
6TH. P.M.
WELD COUNTY, CO
100% TRAFFIC
TO/FROM HWY 14
LEASE ACCESS ROAD
EXISTING IT ITZEL #1 WELL
CR 86 (GRAVEL)
5010074 Pages: 8 of 8
02/07/2025 09:33 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder. Weld County CO
III IPCAI' I ' ' �«�1'J4�,�'� �� «� ��' �i I'd IOC), 11111
LEGEND
TRAFFIC ROUTE
4 TRAFFIC ROUTE DIRECTION
NO SCHOOL FACILITY, FUTURE SCHOOL FACILITY OR CHILD CARE
LOCATED ALONG HAUL ROUTE. DATE: 10/28/2024
PROJECT#: 2023285
et
Entity Information
Entity Name* Entity ID*
SELECT WATER SOLUTIONS @00049490
Contract Name"
ROAD MAINTENANCE DURING CONSTRUCTION
AGREEMENT SELECT WATER SOLUTIONS
1041WOGLA24-0032
Contract Status
CTB REVIEW
Q New Entity?
Contract ID
9060
Contract Lead *
JTRUJILLOMARTINEZ
Contract Lead Email
jtrujillomartinez@weld.go
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
ROAD MAINTENANCE DURING CONSTRUCTION AGREEMENT SELECT WATER SOLUTIONS 1041 WOGLA24-0032
Contract Description 2
Contract Type* Department
AGREEMENT PLANNING
Amount*
$0.00
Renewable *
NO
Automatic Renewal
Grant
IGA
Department Email
CM-Planning@weld.gov
Department Head Email
CM-Planning-
DeptHead@weld.gov
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
D.GOV
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Requested BOCC Agenda Due Date
Date* 02/01/2025
02/05/2025
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
NO
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
Contact Info
Review Date*
02/05/2026
Committed Delivery Date
Renewal Date
Expiration Date*
02/05/2027
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
DAWN ANDERSON
DH Approved Date
01/28/2025
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
Finance Approver
CHERYL PATTELLI
Legal Counsel
BYRON HOWELL
Finance Approved Date Legal Counsel Approved Date
01/29/2025 01/29/2025
Tyler Ref*
020325
Originator
JTRUJILLOMARTINEZ
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