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Home My WebLink About20000237.tiff f 1 . ‘H Memorandum TO:0 Barbara Kirkmeyer, Chair Board of County Commissioners ._ COLORADO DATE: January 24, 2000 ) FROM: Pat Persichino W' 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: Hewlett Parckard Lakeview Village Town of LaSalle Town of Johnstown Town of Pierce All fees are in accordance with the fees established in County Ordinance No. 82-U, and the agreements are in the same format as the 1999 agreements. The term of the agreements is from January 1, 2000 through December 31, 2000. If you have any questions regarding these agreements, please contact Connie O'Neill, Laboratory Supervisor, at extension 2273. I recommend approval of these agreements. • 2000-0237 ORD lope, 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 loth day of January 2003 by, and between the TOWN OF PIERCE , whose address is 244 Jinn St. Pitrc e . CO , 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, 2000, and shall remain in full force and effective until December 31, 2000, unless and until otherwise terminated sooner, pursuant to the provisions of Section 5 below. Moo-/1137 Page 1 of 4 Town of Pierce 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 Routine One per month $14 .05 each TSS $ 6 .65 each Effluent Monthly Total Choliform - diluted series $24 .65 each Nitrate $ 7.10 each Nitrite $ 8.25 each pH $ 1.45 each Total Dissolved Solids $ 6.65 each Chloride $ 8.20 each Sulfate $ 8.00 each Total Organic Carbon $55.00 each Monitor Well Total Coliform Quarterly $25.90 each Nitrate $ 7.10 each Nitrite $ 8 .25 each pH $ 1.45 each Total Dissolved Solids $ 6.65 each Chloride $ 8.20 each Sulfate $ 8.00 each Total Organic Carbon $ 55.00 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. Page 2 of 4 Town of Pierce Agreement for the Sampling and Analysis of Pollutant Discharge 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, 2000. 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 declared to be unconstitutional or invalid. Section 9 - Notices: All notices to the parties shall be sent to the following: Entity: Town of Pierce Entity: Weld County Department of Public Health and Environment Contact Person: Ms. Lois Souther Contact Person: Connie O'Neill Address: P. O. Box 57 Address: 1555 North 17th Avenue City, State, Zip: Pierce, CO 80650 City, State, Zip: Greeley, CO 80631 Phone: (303) 834-2851 Phone: (970) 353-0635 extension 2240 Page 3 of 4 Town of Pierce Agreement for the Sampling and Analysis of Pollutant Discharge Signed this 11th day of January 200Q BY: l'UL'dP1 OF YILIZ:;L 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 PUBL C HEALTH AND E IRONMENT BY. Chair, Barbara J. Kirkm er /�'/ l (01/31/2000) ATTEST: Weld County Clerk to the Bo r 111 E j; BY: , ��. , ,F NII� -r Q _. Deputy Clerk to the B•I-r• 'Xi 4 v ti: Approved by: UJ, � A NJ WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Pat Persichino Interim Director Weld County Department of Public Health and Environment Page 4 of 4 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 31st day of January Xl 2000 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, 2000, and shall remain in full force and effective until December 31, 2000, unless and until otherwise terminated sooner, pursuant to the provisions of Section 5 below. ARJU 0237 Page 1 of 3 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 $14.80 each - TSS $ 7.00 each Effluent - BOD $14.80 each - TSS $ 7.00 each - Fecal Coliform " $25.90 each - Ammonia " $11.05 each - pH " $ 1.55 each - Dissolved Oxygen $ 3 .25 each - Temperature " $ 1.35 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, 2000. 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. Page 2 of 3 Town of Johnstown Agreement for the Sampling and Analysis of Pollutant Discharge 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 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 extension 2273 Signed this �o day of •1141 , BY: , m\ If a,AJ"-J COUNTY OF WELD, STATE OF COLORADO BY "SY EM AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY ON BEHALF OF THE WELD COUNTY DEPARTMENT TITLE OF AUTHORITY: OF PUBLIC HEALTH AND E IRONMENT ,//// BY. J. A 1 /v hair, Barbara J. Mer ,72000) ( C ATTEST: Weld County Clerk t• e ._1 Bo r /aid ti G � , . Deputy Clerk to th_ BO • A - (In'IN i 1' Approved by: . ( , l``r�'�, J\1 WELD COUNTY DEPARTMENT OF P HEALTH AND ENVIRONMENT Pat Persichino Interim Director Weld County Department of Public Health and Environment Page 3 of 3 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 31st day of January Et 200Q by and between the TOWN OF LASALLE 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, 2000, and shall remain in full force and effective until December 31, 2000, unless and until otherwise terminated sooner, pursuant to the provisions of Section 5 below. wu-0237 Page 1 of 4 Town of LaSalle 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 Routine - monthly $14.80 each TSS $ 7 .00 each Effluent - BOD $14.80 each TSS $ 7.00 each FECAL COLIFORM $25. 90 each 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, 2000. 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, Page 2 of 4 Town of LaSalle Agreement for the Sampling and Analysis of Pollutant Discharge 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. Section 9 - Notices: All notices to the parties shall be sent to the following: Entity: Town of LaSalle Entity: Weld County Department of Public Health and Environment Contact Person: Dan Dennison Contact Person: Connie O'Neill Anne Fallis Address : N. 2nd Street Address: 1555 North 17th Avenue City, State, Zip: LaSalle, CO 80645 City, State, Zip: Greeley, CO 80631 Phone: (970) 284-6931 Phone: (970) 304-6415 extension 2273 Signe this 11th ay of January , as 2000 . BY; COUNTY OF WELD, STATE OF COLORADO BY ' YSTEM" AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY ON M or BEHALF OF THE WELD COUNTY DEPARTMENT TITLE OF AUTHORITY: OF PUBL C HEALTH AND E IRONMENT BY- J Chair, Barbara J. Kirkme r (01/31/2000) ATT T: Weld Coun {won Ste, a Deputy Clerk to�.;�-� -•-." _ktar\Approved by: WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Pat Persichino Interim Director Weld County Department of Public Health and Environment Page 3 of 4 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 31st day of January k62000, by and between the LAKE VIEW VILLAGE 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, 2000, and shall remain in full force and effective until December 31, 2000, unless and until otherwise terminated sooner, pursuant to the provisions of Section 5 below. p<)(3O-oN�2 I Page 1 of 3 Lake View Village 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 Bacteriological Five per month $11.05 each (E. Coli Quantitray) May through September Sampling Fee $35.00/hour 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 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, 2000. 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. Page 2 of 3 Lake View Village Agreement for the Sampling and Analysis of Pollutant Discharge 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 declared to be unconstitutional or invalid. Section 9 - Notices: All notices to the parties shall be sent to the following: Entity: Lakeview Village Entity: Weld County Department of Public Health and Environment Contact Person: Karen Samuel Contact Person: Connie O'Neill Address: 5662 Weld County Road 22 Address: 1555 North 17th Avenue City, State, Zip: Longmont, CO 80504 City, State, Zip: Greeley, CO 80631 Phone: (303) 772-6156 Phone: (970) 304-6415 rp)� extension 2273 Signed J this 1\ _ day of`/�' O flOQ. -'" Bey./�Q ( „ �[ll I X., COUNTY OF WELD, STATE OF COLORADO BY `' 1 "SYS 11_" AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY ON BEHALF OF THE WELD COUNTY DEPARTMENT TITLE OF AUTHORITY: OF PUB HEALTH AND ENVIRONMENT BYq//� ...� /_ Chair, Barbara J. Kirk -r\3111-1)-(A1J (01/31/2001, ATTEST: Weld Count �y , Bo-r. e BY: ,d4 . - Deputy Clerk to '�:in Approved by: WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Pat Persichino Interim Director Weld County Department of Public Health and Environment Page 3 of 3 POLLUTANT DISCHARGE AGREEMENT FOR THE SAMPLING AND ANALYSIS OF POLLUTANT DISCHARGE BY THE WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT O OTHIS AGREEMENT is made and entered into this 1 .-411day of T/v e , , by and between the HEWLETT PACKARD , whose address is -- ,00, .„7/ `0 , CO Si 6o3v , 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, 2000, and shall remain in full force and effective until December 31, 2000, unless and until otherwise terminated sooner, pursuant to the provisions of Section 5 below. 2Ocn -61237 Page 1 of 3 Hewlett Packard 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 Effluent Chemical Oil & Grease Monthly $42.60 each Differentiated Oil & Grease As required $42.60 each pH Quarterly $ 1.55 each BOD Quarterly $14.80 each Total Suspended Solids Quarterly $ 7.00 each Hexavalent Chromium Twice per Year $11.05 each 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, 2000. 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. Page 2 of 3 Hewlett Packard Agreement for the Sampling and Analysis of Pollutant Discharge Section B - 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 declared to be unconstitutional or invalid. Section 9 - Notices: All notices to the parties shall be sent to the following: Entity: Hewlett Packard Entity: Weld County Department of Public Health and Environment Contact Person: John Hughes Contact Person: Connie O'Neill Address: 700 71st Avenue Address: 1555 North 17th Avenue City, State, Zip: Greeley, CO 80634 City, State, Zip: Greeley, CO 80631 Phone: (970) 350-4411 Phone: (970) 304-6415 extension 2273 Vvr /�0-,4 4�- GOO Signed this /O day of I(. t73 , I? — BY: /'(/ Lv,h- "�F 7 COUNTY OF WELD, STATE OF COLORADO BY ✓r 9 EM" / AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY ON BEHALF OF THE WELD COUNTY DEPARTMENT TITLE OF AUTHORITY: OF PUBL C HEALTH AND NVIRONMENT BY.Chair , B rb .meye � ////� I t Barbara J. Ki meyer 57/3 Sel" (01/31/2000) ATTEST: Weld Cou ty C), ribt FAA li�yi mil /O9r- Bo r BY: CO Deputy Clerk to the ` (gtrr\1°\ • Approved by: WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT s Pat Persichino Interim Director Weld County Department of Public Health and Environment Page 3 of 3 Hello