PERMFILE47232

• Permit No: M2004067
• IBM Index Class Name: Permit File
• Doc Date: 12/8/2005
• Doc Name: Intergovernmental Agreement
• From: BH/CCSD
• To: DMG
• Media Type: D
• Archive: No

' 6.6 The computation of actual seasonal ponnda~e results of Tp and
discharge concentrations of TP and TIN to
measure excursions shall be based upon flow weighted
composite samples collected and analyzed by the District no less frequently than eve T7N and of
Monday and Friday ofone week; Tuesday and Saturday of the next week;
of the next week, and so forth). The samples will be analyzed by a laboratory that holds apprppriate'
State and Federal certifications for the TP and Wednesday and Sunday
shall be borne by the District. Copies of samp~g results will be p ovided o Black Hawk and
Central, who will be responsible forprovidin P g cord analysis
receive the results, Results may be provided incharrdsco s rebceived, to an
other manner that is convenient and satisfacto Y stipulator that wishes to
PY y mail, electronic format by e-mail or
may elect at any time to sample more fre uentlry Black Hawk, Central, the County, or the District
q yattberegtrestor'scost. With reasonablenotice,any
stipulator may request split samples from the District. Any stipulator may collect and analyze flow
weighted composite samples Independently at its own cost.
6.T In detezmining the number of days of TP and TIN excursions, the day on
which a sample shows a TP or TIN excursion shall be counted, and every subsequent day until a
subsequenisampledoesnotshowanexcursionsha]lalsobecounted. Forexample,ifasampletaken
on a Monday shows an excursion, while the neXt sample, taken on the ensuing Friday, does not, then
Monday, Tuesday, Wednesday, and Thursday shall all be counted as excursions. Further, all
samples collected and analyzed by a certified laboratory and meeting acceptable u
q ality assurance
and quality control procedures shall be included in the calculation of seasonal poundage results.
~• If the design and constriction cost fot the
$ I,S00,000 (2000 dollars) and the Funding TWT at the New Pant will exceed
unable to a ee on how to allocate and fiord
the total additional design and constriction coste Then: (1) the es ow provided in Paragraph 5.2,
above, shall be dissolved and all sums remaining in the escrow, with interest thereon, shall be
rehimed to the parties that funded the escrow account pro rata to their'contribution; and (2) the
District sha12 be relieved of all obligations under the Stipulation. The TWT design costs to be paid
from the escrow shall not exceed $90,000 (2000 dollars).
8. The County, Central, and Black Hawk covenant not to materially interfere with the
other parties' financing provided for in paragraph 5.2.2, above.
~~ Term and Termination. The parties agree that the term of this Agreement sha]I be
perpetual. This Agreement shat] be terminated only if the fiurdin re aired b
described in paragraph 5.2, above, is not accomplished or ifthe District is relieved ofits obligations
ender the Stipulation due to Iaclc of ao g q Y the Stipulation and
constriction costs for the New plant in ex ss of $1Slm lhon (2000 dollars sTdescribed in
paragraph 7, above. gri and
The parties to this Agreement agree to give 60 days written notice to the other
parties to this Agreement before any party f ]es a motion or request to reopen prrrstrant to paragraph
3.5 of the Stipulation.
10. So long as the District perfotgis its obligations set forth above, to the extent
allowable and enforceableby law, B1ackHawk, Central, and the County agree to indemnifyand hold
the District harmless in the event that their respective water ati,arrientation, exchange, or subsfihite
supply plans are unable to operate because of failure to meet the conditions of the Stipulation.
Nothing herein shallprevent B1ackFlawk, Central or the County from filing ormaintaining an action
for mandatory injunctive relieve against the District to require the District to p erform its obligations,
or entitle the District to any indemnification in such an action for mandatory injimciive relief.
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