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Home My WebLink About930336.tiff AGREEMENT FOR THE SAMPLING AND ANALYSIS OF DRINKING WATER BY THE WELD COUNTY HEALTH DEPARTMENT THIS AGREEMENT is made and entered into this 9th day of February, 1993, by and between TOWN OF LASALLE, whose address is P.O. Box 717, LaSalle, CO 80645, 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 Health Department, whose office is located at 1517 16th Avenue Court, Greeley, Colorado 80631, hereinafter referred to as "Health Department". WITNESSETH: WHEREAS, Weld County Ordinance 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 1,823 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 Helath 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 - Authortization 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, 1993, and shall remain in full force and effective until December 31, 1993, unless and until otherwise terminated sooner, pursuant to the provisions of Section 4 below. Page 1 of 3 oQ Town of LaSalle 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 $17.00 each (Total coliform) (two per month - minimum) Resample As Required $22.50 each Confirmation As Required $15.00 each Note: If multiple resamples are taken on the same day, same location - the first sample is $22.50, each additional sample is $6.50. 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. 4y signing this Agreement and providing the services herein, Health Department agrees to conduct its tests incompliance with EPA standards, but does not warrant 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 dr}.nking water. rdiaiAce (IQIQacx 4 1-4010, 4ai..ivIics Section 4 - Termination: Either party may terminate this Agreement upon 30 days written notice to the other party at the addresses set forth below. Section 5 - 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 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, 1993. Section 6 - 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 920136 Town of LaSalle Agreement for the Sampling and Analysis of Drinking Water Section 7 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. Section 8 - Notices: all notices to the parties shall be sent to the following: Entity: Town of LaSalle Entity: Weld. County Health Department Contact Person: Nelson Renouf Contact Person: Judy Schmidt Address: P. O. Box 717 Address: 1517 16th Avenue Court City, State, Zip: LaSalle, CO 80645 City, State, Zip: Greeley, CO 80631 Phone: (303)284-6931 Phone: (303) 353-0635 extension 2249 Signed this 9thday of February, 1993. By: n7C 6A411:7 COUNTY OF WELD, STATE OF COLORADO BY Y TEM" AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY ON BEHALF OF THE WELD COUNTY HEALTH TITLE OF AUTHORITY: DEPARTME/ l O BY: 9 Chairman p4! /O7 93 Town of LaSalle AT EST: Weld County Clerk to the ,Bod/ BY: FNtM G&,�,rk ,t Boards— P,T?'Q.., , Or P,0 COPioved b ;'un':J ONLY A PP y: WELD COUNTY HEALTH DEPARTMENT //2 /`�-cam(f/ )C j1L/l Rdndolph L. Gordon, M.D. , M.P.H. Director Page 3 of 3 930336 / �of�\, • \ �llrf��l 4�.CCZ .�.� &O t4d4 i l� r TOWN HALL /+ !1. a �••. 4', 119 MAIN P.O.BOX 717 LA SALLE,COLORADO 80645 PHONE: 303-284-6931 �o --AT�o March 19, 1993 r MAR 2 3 1993 Weld County Health Department 1517 16th Avenue Court Greeley, Colorado 80631 Dear Dr. Gordon, Enclosed are the sampling agreements for the Town of LaSalle. When asked to approve the agreements, our Board expressed some concerns with the language on page 2 of both agreements. Based upon conversations between our attorney and Lee Morrison, revisions were made prior to the Mayor's signature. I have enclosed copies highlighting the areas revised as well as a copy of the letter sent to from our attorney explaining his conversation with Mr. Morrison. I hope you find the revisions acceptable. Please feel free to call if you have questions or concerns. Sincerely, Dana K. Stencel Town Clerk 930336 B R E G A & WINTERS . P. C. ATTORNEYS AT LAW • February 4 , 1993 Doyle Karst, Mayor Town of LaSalle P. O. Box 717 • LaSalle, Colorado 80645-0717 RE: Proposed Agreement with the GREELEY Weld County Health Department - Bradley D.Laue -... Pamela A.Shaddock - Jerry D.Winters Dear Doyle; DENVER Pursuant to your inquiries and those of the- Board Mark J.Appleton D W.Bain at our January 26, 1993 meeting, I spoke recently with James N Stuart N.Bennett Lee Morrison of the Weld County Attorney's office, Thomas D. Birse regarding proposed changes to the above-referenced Charles F. Brega Robert R.Dormer agreement. You wanted to know whether or not it would Wesley B 6.Howwardard be possible to remove the language of Section 4 and the Eric R.Jonsen last two sentences of Section 3 , from the proposed Robert C.Kaufman Ronald agreement between the Town of LaSalle and the Weld County A. Loser Brian A.Magoon Health Department, because of the objectionable nature Loren L. Mall of that language. Cathryn B.Mayers Carla B. Minckley Jay John Schnell Mr. Morrison indicated to me that the County might ScottLTerreli be willing to agree to certain revisions to the or COUNSEL agreement. He advised that the Town should first make C. Henry Roath the desired revisions to the agreement and submit a revised agreement draft to the Board for approval. After •Member of Patent Bar that is accomplished, the Town should submit the revised Onerlorwest Center agreement to his office for review. Of course, he would 1700 Lincoln Street notguarantee that the revisions would be approved by the Suite 2222 g Denver,CO 80203 County. FAX:(303)861-9109 (303)866-9400 This letter will confirm that the desired revisions have been made to the agreement and that a draft has already been forwarded to Dana Stencel, the Town Clerk, for your review and that of the Town Board. Please call me at your earliest convenience, so we can discuss this matter further. Sincerel , � 7y . - Bradley D. Laue - • BDL/jab \L0396026\client.002• United Plaza • 1100 Tenth Street, Suite 4O2 • P.O. Box 127 • Greeley, Colorado 8O632.• FAX: (3O3) 352-6547 • (3O3) 352-48O5 Hello