HomeMy WebLinkAbout20010484.tiff Memorandum
TO: M. J. Geile, Chair
IBoard of County Commissioners
C. DATE: February 13, 2001
COLORADO FROM: Mark E. Wallace, MD, MPH, Director,
Department of Public Health and Environment
SUBJECT: Waste Water Contracts
Enclosed for Board approval are Purchase of Services Agreements for the sampling and
analysis of waste water between the Weld County Department of Public Health and
Environment and the following:
Town of Johnstown
All fees are in accordance with the fees established in Weld County Code, Appendix 5-G.
However some agreements reflect a discount based on volume. The agreements are in the
same format as the 2000 agreements.
The term of the agreements is from January 1, 2001 through December 31, 2001. If you have
any questions regarding these agreement, please contact Connie O'Neill, Laboratory
Supervisor, at (970) 304-6415 extension 2273.
I recommend approval of these agreements.
Enclosures
2001-0484
POLLUTANT DISCHARGE
AGREEMENT FOR THE SAMPLING AND ANALYSIS OF POLLUTANT DISCHARGE
BY THE WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
THIS AGREEMENT is made and entered into this 21st day of February
2001 , by and between the TOWN OF JOHNSTOWN whose address is
, hereinafter referred to as "System, "
and the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Weld County Department of Public
Health and Environment, whose office is located at 1555 North 17th Avenue,
Greeley, Colorado 80631, hereinafter referred to as "Health Department. "
WITNESSETH:
WHEREAS, Weld County Ordinance No. 60-B authorizes the Weld County Health
Department to perform by agreement the testing of drinking water for suppliers
thereof and the testing of pollutant discharges for those persons and entities
holding permits to discharge pollutants into state waters, and
WHEREAS, Health Department possesses the necessary equipment and expertise
required to perform the sampling and analysis of the water for System as required
by federal law, and
WHEREAS, the services provided by Health Department pursuant to this
Agreement shall benefit the health, safety, and welfare of those persons residing
within the area served by System.
NOW, THEREFORE, in consideration of mutual promises and covenants contained
herein, the parties hereto agree as follows:
Section 1 - Authorization to Act: The System hereby authorizes the Health
Department to perform the services listed in this Agreement and in Weld County
Ordinance No. 60-B, for the testing of water on behalf of System. The provisions
of Weld County Ordinance No. 60-B are incorporated herein in their entirety.
Health Department shall act as an independent contractor in relation to the
System in the performance of the services set forth in this Agreement. None of
the Health Department employees and/or agents shall become employees of System,
and no employees of System shall be deemed or become employees of the Health
Department by virtue of this Agreement.
Section 2 - Term: This Agreement shall become effective on January 1, 2001, and
shall remain in full force and effective until December 31, 2001, unless and
until otherwise terminated sooner, pursuant to the provisions of Section 5 below.
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Town of Johnstown
Agreement for the Sampling and
Analysis of Pollutant Discharge
Section 3 - Services to be Provided by Health Department: Health Department
agrees to provide the following services to System during the term of this
Agreement:
Type of Test Contracted Number of Samples Contracted Fee
Influent - BOD Monthly- Collected $15. 55 each
- TSS $ 7. 35 each
Effluent - BOD $15. 55 each
- TSS $ 7 . 35 each
- Fecal Coliform " $25. 90 each
- Ammonia $11. 60 each
- pH $ 1. 65 each
- Dissolved Oxygen $ 3. 40 each
- Temperature $ 1. 50 each
Sampling Fee $35.00/hr
Methods used by Health Department in providing said services shall be in
accordance with Section I (b) of the Weld County Ordinance No. 60-B. Health
Department shall provide further services as mutually agreed upon by Health
Department and System at times and for compensation as agreed to by the parties
hereto. By signing this Agreement and providing the services herein, Health
Department does not insure the accuracy of the results of any tests performed by
Health Department and does not make any representations as to the adequacy of
Systems compliance with federal or state law governing the sampling and analysis
requirements of Pollutant Discharge.
Section 4 - Release and Hold Harmless: The System agrees to release and hold
harmless Health Department from any and all liability and/or damages resulting
from the acts or omissions of Health Department in performing the services set
forth in this Agreement.
Section 5 - Termination: Either party may terminate this Agreement upon 30 days
written notice to the other party at the addresses set forth below.
Section 6 - Obligations and Duties of System: System shall perform all of the
obligations and duties set forth in Section II (c) of Weld County Ordinance 60-B.
In addition, System shall pay for the services rendered by Health Department
pursuant to this Agreement according to the contracted amount set forth in
Section 3, above, and/or as may be mutually agreed to by the parties hereto.
Payment shall be due within ten (10) days upon of receipt of the bill. Billing
will be sent within ten (10) days of the quarter ending; i.e. , March 31, June 30,
September 30, and December 31, 2001.
Section 7 - Waiver of Immunities/Duty of Care: No portion of this Agreement
shall be deemed to constitute a waiver of any immunities the parties or their
officers or employees may now possess, nor shall any portion of this Agreement
be deemed to or created a duty of care with the respect to any persons not a
party to this Agreement.
Section 8 - Severability: If any section, subsection, paragraph, sentence,
clause, or phrase of the Agreement is for any reason held or decided to be
invalid or unconstitutional, such decision shall not affect the validity of the
remaining portions hereof. The parties hereto declare that they would have
entered into this Agreement and each and every section, subsection, paragraph,
sentence, clause, and phrase thereof irrespective of the fact that any one or
more sections, subsection, paragraphs, sentences, clauses, or phrases may be
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Town of Johnstown
Agreement for the Sampling and
Analysis of Pollutant Discharge
declared to be unconstitutional or invalid.
Section 9 - Notices: All notices to the parties shall be sent to the following:
Entity: Town of Johnstown Entity: Weld County Department of
Public Health and Environment
Contact Person: Lonnie Kruise Contact Person: Connie O'Neill
Address: P. 0. Box 609 Address: 1555 North 17th Avenue
City, State, Zip: Johnstown, CO 80534 City, State, Zip: Greeley, CO 80631
Phone: (970) 587-4664 Phone: (970) 304-6415 ext 2273
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}/`211et� da of February , 20 01
BY: -Ty '^� �-�-(�. V/ d +-Z COUNTY OF WELD, STATE OF COLORADO BY
�C#STEM" AND THROUGH THE BOARD OF COUNTY
COMMISSIONERS OF WELD COUNTY ON
BEHALF OF THE W D COUNTY DEPARTMENT
TITLE OF AUTHORITY: OF PUBLIC HEAL$ AND ENVIRONMENT
BY: 77
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Al Chai - , , 10f931ft
.ATTEST: Weld
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BY: . i.
Deputy Clerk to the
Approved by: 8q
WELD COUNTY DEPARTMENT OF PUBLIC
HEALTH AND ENVIRONMENT�
Mark E. Wallace, MD, MPH
Director
Weld County Department of Public
Health and Environment
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