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HomeMy WebLinkAbout20011234.tiff . iice „,4-HH) Memorandum • ITO: M. J. Geile, Chair Board of County Commissioners`-- _ C� DATE: April 25, 2001 COLORADO E W FROM: Mark E. Wallace, MD, MPH, Director, Department of Public Health and Environment SUBJECT: Drinking Water Contracts Enclosed for Board approval are Purchase of Services Agreements for the sampling and analysis of drinking water between the Weld County Department of Public Health and Environment and the following: Sierra Vista Mobile Home Park Country Meat Shack 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 agreements, please contact Connie O'Neill, Laboratory Supervisor, at (970) 304-6415 extension 2273. I recommend approval of these agreements. Enclosures 2.0011234 DRINKING WATER AGREEMENT FOR THE SAMPLING AND ANALYSIS OF DRINKING WATER BY THE WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT /HIS AGREEMENT is made and entered into this (L_ _ day f 2q/c L is 20 , by d b tween COUNTRY MEAT SHA K whose r1(>T� f`Cp� ,�� 1*- , hereinafter referred to as "System," and the ounty 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, system supplies persons with drinking water, and WHEREAS, Health Department possesses the necessary equipment and expertise required to perform the sampling and analysis of the drinking 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 Health Department to perform the services listed in this Agreement and in Weld County Ordinance No. 60-B, for the testing of Drinking 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 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. Page 1 of 3 }/- Country Meat Shack Agreement for the Sampling and Analysis of Drinking Water 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 Bacteriological Routine Sample $23.35 each (Total Coliform) (one per year) Resample As Requested $24. 95 each Note: If multiple resamples are taken on the same day, at the same location - the first sample is $24. 95, each additional sample is $8.50. 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 of drinking water. 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, subsections, paragraphs, sentences, clauses, or phrases may be declared to be unconstitutional or invalid. Page 2 of 3 Country Meat Shack Agreement for the Sampling and Analysis of Drinking Water Section 9 - Notices: All notices to the parties shall be sent to the following: Entity: Country Meat Shack Entity: Weld County Department of Public Health and Environment Contact Person: Roger Hovel Contact Person: Connie O'Neill Address: P.O. Box 477 Address: 1555 North 17th Avenue City, State, Zip: Ault, CO 80610 City, State, Zip: Greeley, CO 80631 Phone: (970) 834-1111 Phone: (970)304-6415 ext 2273 i ed this 26( day of // v17-6t 1 -..._ , 20 Q ' Y, i COUNTY OF WELD, STATE OF COLORADO BY " S (r , AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY ON BEHALF OF THE WELD COUNTY DEPARTMENT TITLE OF AUTHORITY: OF PUBLIC HEALTH SAND ENVIRONMENT BY: IL Chair Protem` enn Vaad (05/09/2001) ATTEST: Weld County Cl le oar. �, ICe BY: Deputy Clerk to t OfiRVI Approved by: WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT l'UCLIMark E. Wallace, MD, MPH Director Weld County Department of Public Health and Environment Page 3 of 3 DRINKING WATER AGREEMENT FOR THE SAMPLING AND ANALYSIS OF DRINKING WATER BY THE WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1 ,, /��, THIS AGREEMENT is made and entered into this / 7 day of CAOri 20'/)_ between SIERRA VISTA MOBILE HOME PARK , whose address is /2623 17 Lo«+/ �d t 3 L14rj et, 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, system supplies 2 Va persons with drinking water, and WHEREAS, Health Department possesses the necessary equipment and expertise required to perform the sampling and analysis of the drinking 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 Health Department to perform the services listed in this Agreement and in Weld County Ordinance No. 60-B, for the testing of Drinking 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 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 April 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. /- / 3Y Page 1 of 3 Sierra Vista Mobile Home Park Agreement for the Sampling and Analysis of Drinking Water 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 Bacteriological Routine Sample $19.15 each (Total Coliform) (one per month - minimum) Resample As Requested $24.95 each Nitrate One per year $ 10.50 each Note: If multiple resamples are taken on the same day, at the same location - the first sample is $24.95, each additional sample is $8.50. 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 of drinking water. 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, subsections, paragraphs, sentences, clauses, or phrases may be Page 2 of 3 Sierra Vista Mobile Home Park Agreement for the Sampling and Analysis of Drinking Water declared to be unconstitutional or invalid. Section 9 - Notices: All notices to the parties shall be sent to the following: Entity: Sierra Vista Mobile Home Park Entity: Weld County Department of Public Health and Environment Contact Person: Jae Webster Contact Person: Connie O'Neill Address: P.O. Box 11062 Address: 1555 North 17th Avenue City, State, Zip: Boulder CO 80301 City, State, Zip: Greeley, CO 80631 Phone MHP Office 303-659-4122 Phone: (970)304-6415 ext 2273 / 7 , � , Sid this/),/ /� yd�aJy of ,,/� 20 0/ . BY: )�/JCI C1 Z2--C //li1J//it AC( /(COUNTY OF WELD, STATE OF COLORADO BY V' "SYSTEM" AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY ON BEHALF OF THE WELD COUNTY DEPARTMENT TITLE OF AUTHORITY: OF PUBLIC HE"'""'"" AN{1RONMENT BY: (//`// / / / Chair Protem, Glenn Vaad 15/09/2001) ATTEST: Weld County � ,y / Boa II� Deputy Clerk to t 4 Approved by: WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT elMCMJA- C40°12-Q0-019S, Mark E. Wallace, MD, MPH Director Weld County Department of Public Health and Environment Page 3 of 3 Hello