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HomeMy WebLinkAbout20001764.tiff eilitip ; Memorandum WlipeTO: Barbara Kirkmeyer, Chair Board of County Commissioners COLORADO DATE: July 26, 2000 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: Wayward Wind Mobile Home Park Rocky Mountain Water Ski Club 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 agreement, please contact Connie O'Neill, Laboratory Supervisor, at (970) 304-6415 extension 2273. I recommend approval of these agreements. Enclosures 2000-1764 aeAGo -8 c� . A/2 .799157797 L1��X11 -�1� ^r "'� '"' 1 �' POLLUTANT DISCHARGE n . IIIH9 ggi 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 26th day of _Jules 20001 b and b twpen the 'DC= MOUNTAIN WATER SKI CLUB , whose address is -4 ;4 (ri `d E 31 , hereinafter referred to as "System, " and the County of_ Weld, S ate 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 May 22, 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. Page 1 of 3 Rocky Mountain Water Ski Club 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 One per month (May through $11.05 each (E.coli - Quantitray) August) Bacteriological (Total Coliform - Drinking Water) as requested 57.75 each Sampling Fee $35.00 per 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 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. omen= 7 of '; Rocky Mountain Water Ski Club 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: Rocky Mountain Ski Club Entity: Weld County Department of Public Health and Environment Contact Person: Amber & Greg Denzel Contact Person: Connie O'Neill Address: 727 East 27th Street Address: 1555 North 17th Avenue City, State, Zip: Greeley, CO 80631 City, State, Zip: Greeley, CO 80631 Phone: (970) 356-0001 Phone: (970)304-6415 extension 2273 aed this th dday oftir July 2000 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 PUB C HEALTH AND ENVIRONMENT Chair, Barbara J.1Kirkmey (07/26/2000) ATTEST: Weld ount C -1r.. �,Bo:r. !Ce/la /' c BY: , ,.-`_ ,. s/_. i.� CrnT]'`�• - - Deputy Clerk to h- � y Approved by: WELD COUNTY DEPARTMENT OF PUBLIC HEAT TH AND ENVIRONMENT / a Mark Wallace M.D. Director Weld County Department of Public Health and Environment <T E7 t �� POLLUTANT DISCHARGE W' V PEAL 1' S(RVLES 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 26th day of July 2000, by and between the Wayward Wind Mobile Home Park , 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 June 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. 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: Type of Test Contracted Number of Samples Contracted Fee Influent - BOD as submitted $14.80 each Monthly Monitor Well Total Coliform as submitted Most Probable Number Monthly $33 .05 each Nitrate $ 7.50 each Nitrite $ 8.70 each Total Dissolved Solids $ 7.00 each Chloride $ 8.65 each Sulfate $ 8.40 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® 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. 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 Entity: Weld County Department. of Public Health and Environment Contact Person: Al Fox Contact Person: Connie O'Neill Address: 14390 Highway 34 #51 Address: 1555 North 17th Avenue City, State, Zip: Ft. Morgan CO 80701 City, State, Zip: Greeley, CO 80631 Phone: (970) 542-2691 Phone: (970)353-0635 extension 2240 Signed this aZy /dray of v2.A4A4O , 1.9 (9009(9009BY: L42eu1 'a. I,�4d LC� (14. 7-1 COUNTY OF WELD, STATE OF COLORADO BY l/A "SYSTEM" / / AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY ON BEHALF OF THE WELD COUNTY DEPARTMENT TITLE OF AUTHORITY: OF PUBLi,HEALTH AND ENVIR ENT BY: L .4"._ C ai B ra J. K rkme e o��zb/z�b � ATTEST: Weld County Clerk .o-�` Erkre-t& - Boar. r• Deputy Clerk to t B r•(q4��'-"�-y��g Approved by: �® f WELD COUNTY DEPARTMENT OF PUBL 'C HEALTH AND ENVIRONMENT / � � 'l&/`^ "44 Mark Wallace M.D. Director Weld County Department of Public Health and Environment Page 3 of 3 Hello