The URL can be used to link to this page

Browse Search

Home My WebLink About20010863.tiff RESOLUTION RE: APPROVE REQUEST TO TERMINATE AGREEMENT FOR SAMPLING AND ANALYSIS OF POLLUTANT DISCHARGE -WAYWARD WIND MOBILE HOME PARK, LLC 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 request to terminate the Agreement for Sampling and Analysis of Pollutant Discharge between 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, and Wayward Wind Mobile Home Park, LLC, and WHEREAS, after review, the Board deems it advisable to approve said request, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request to terminate the Agreement for Sampling and Analysis of Pollutant Discharge between 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, and Wayward Wind Mobile Home Park, LLC, be, and hereby is, approved. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of April, A.D., 2001. BOARD OF COUNTY COMMISSIONERS WELD COO TY, COLORADO l ATTEST: � �I � ,eti�., Weld County Clerk to the B 'a r. prr !enn Vaad, Pr.- em BY: Deputy Clerk to the Board � �� 5✓ � Wil H. Je ke A V AS F RM: cs� �� David Long tyAttorne 11\021/41 Robert D. Masden 2001-0863 ce-I 414 ORD60B Memorandum r,i TO: Mike Geile, Chairman, Boa dor County---' Commissioners DATE: April 10, 2001 COLORADO FROM: Mark E. Wallace, MD, MPH, Director, �9 �'y/eu� Department of Public Health and Environment SUBJECT: Request to Terminate the Agreement for Wastewater Analysis with Wayward Wind Mobile Home Park LLC. This request is in regard to an agreement between the Weld County Department of Public Health and Environment (WCDPHE) and Icon Investment Group, Inc., for the analysis of wastewater samples collected from Wayward Wind Mobile Home Park. A copy of this agreement which was signed on January 29, 2001 is attached. As per this agreement, samples are to be submitted to the WCDPHE laboratory on a monthly basis. During February and March of this year, the scheduled samples were not delivered to the laboratory by the mobile home park. On both occasions, the laboratory contacted the operator, Bob Morrow. During March, Mr Morrow asked the laboratory to reschedule a time to deliver samples. This time was also missed. In an attempt to reconcile the problem, the laboratory also contacted Otis Moore with Icon Investment Group for assistance with scheduling, however, Mr. Moore has not returned the phone call. The laboratory continues to incur costs for media preparation with each set of samples that are not received for analysis. For this reason, we feel that it is appropriate to terminate this agreement. According to Section 4 of the agreement "Either party may terminate this Agreement upon 30 days written notice to the other party..." 2001-0863 POLLUTANT DISCHARGE AGREEMENT FOR THE SAMPLING AND ANALYSIS OF POLLUTANT DISCHARGE BY THE WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT \Ile'y,ic^4 V ;YU M li ' (.-t-C- • th ..---- THIS AGREEMENT -is ma and entered into this ! day of N... v1�Y1 , 20f9 I, by and between the k , _whose addres' is /1117c 6.&.../ ?rt M C-. 9-p"') o I , 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 June 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. Page 1 of 3 Wayward Wind MHP 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: myye of Test Contracted Number o£ Samples Contracted Fee Influent - BOD As Submitted Monthly $15. 55 each Mooli Monitor Well Total T form As Submitted - Monthly $33.05 each Most Probable Number $33. 05 eacc Nitrate $ 9. 15' each Nitrite $ 7 .35' each • Total Dissolved Solids $ 9.10 each Sulfatee $ 8 .80 each Sulfate 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© of Weld County Ordinance 60-B. In addition, System shall pay for the services rendered by Health Department na to pursuant to above, and/ore as may be l mutually agreed contracted am this ount orth in Shereto. aytenn 3,, Payment be shall t due within ten (of) days e upon quarter ending;receipt e of, March '31, Dune 30, illing will be sent within ten (i0J days of the 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 shall ny po-tioneofa tiis es or Aoretheir officers or employees may now possess, nor 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 they validity df the hthe remaining portions hereof. The parties hereto declare thatparagraph, entered into this Agreement and each and every section, subsection, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsection, paragraphs; sentences, clauses, or phrases may be declared to be unconstitutional or invalid. Page 2 of 3 • • Wayward Wind MHP Agreement ..for the Sampling and Analysis of Pollutant Discharge Section 9 - Notices: All notices to the parties shall be sent to the following: Entity: Wayward Wind MHP I-t.� _ Entity: Weld'County Department of x Public Health and Environment Contact. Person: ' iex '7'CC Contact Person: Connie O'Neill Address: 14390 West Hiahwav 34 r( Address: . 1555 North 17th Avenue City, State, Zip: Ft. Morgan CO 80701 City, State, Zip: Greeley, CO 80631 Phone: (970) " irt#y.4 Phone (970) 304-66415 ext 2273 Signed thi /lam h of �r,v Y , 200/ . BY. COUNTY OF WELD, STATE OF COLORADO BY - \ "SYSTEM" AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY ON BEHALF OF THE WELD COUNTY DEPARTMENT TITLE OF AUTHORITY: OF PUBLIC H AND ENVIRONMENT OYI 5 M 'c ZC 1"Tas,'c,`,�v�" Chai , , J. Geile (O1/29/2OO1) ATTEST: Weld County Cle m•1. '14, ek-ovr Bo j2iii ifir\:\ / • A-4 a rQ tS° BY: Ar l_-o. Deputy Clerk to th`• r' Approved by: 411* %.# 1 sim WELD COUNTY DEPARTMENT OF PUBLIC kA; e y� 7-S y HEALTH AND ENVIRONMENT eyez AW • i leri�pp ) � D S.t111 - Mark Wallace; MD, MPH Director Weld County Department of Public Health and Environment • Page 3 of 3 Hello