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Home My WebLink About930261.tiff mEmoRAnDum WilDe To Constance L. Harbert, Chairman Board of County Commissioners Date March 18, 1993 COLORADO From Jeannie K. Tacker, Business Manager, Weld County Health Dept Subject: Sampling and Analysis of Pollutant Discharge Agreement Enclosed for Board approval and signature is a sampling and analysis of Pollutant Discharge agreement between the Weld County Department and Milliken Sanitation District. All contracted fees are in accordance with the fees established in County Ordinance #82-M. The term of the agreement is from January 1, 1993 through December 31, 1993. I would recommend approval of this agreement. If you have any questions, please feel free to contact me. 930261 C F, D(06R AGREEMENT FOR THE SAMPLING AND ANALYSIS OF POLLUTANT DISCHARGE BY THE WELD COUNTY HEALTH DEPARTMENT THIS AGREEMENT is made and entered into this \* day of 19k by and between the MILLIKEN SANITATION DISTRICT , whos addre is ; P‘ssY. tip ,\\raUsJC.1. \ \ `$S 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 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, 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 5 below. Page 1 of 3 90761 Milliken Sanitation District 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 One per month $12. 70 each Influent - TSS One per month $ 6.00 each Effluent - BOD One per month $12. 70 each Effluent - TSS One per month $ 6.00 each Effluent - Fecal Coliform One per month $22.30 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, 1993. 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 Page 2 of 3 930261 Milliken Sanitation District Agreement for the Sampling and Analysis of Pollutant Discharge 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:`C All notices to the parties shall be sent to the following: Entity: \\ ` Entity: Weld County Health Department Contact Person: \A>9.- Contact Person: Judy Schmidt Address: \\ Address: 1517 16th Avenue Court City, State, Zip: City, State, Zip: Greeley, CO 80631 Phone: 3p3 SS-1 -4.2-A \ Phone: (303)353-0635 extension 2249 Signed this .3 / day of bec , 19 -jc9- . 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 HEALTH TITLE OF AUTHORITY: DEPARTME BY• Chairman OJ/ 9/gq ATTEST: Weld County Clerk to the Board BY: / p AI1fiG Aef? tTO EkA OF rr t gr/ �JUNitrd COMMISSIONER SIGNATURES ONLY Approved by: WELD COUNTY HEEAAjLTHH DEPARTMENT Randolph L. Gordon, M.D. , M.P.H. Director Page 3 of 3 930?61 Hello