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Home My WebLink About940197.tiff 40,(fAin mEmORAnDUm W I`P a To William H. Webster, Chairman Board of County Commissioners Date February 17, 1994 COLORADO John S. Pickle, M.S.E.H. , Director, W.C.H.D. From Subject Sampling and Analysis of Pollutant Discharge Agreement Enclosed for Board approval are Purchase of Services Agreements between the Weld County Health Department and the following: LLBERTS WATER/WASTEWATER for the sampling and analysis of pollutant discharge. All contracted fees are in accordance with the fees established in County Ordiance #82-M. The term of the agreement shall be from January 1, 1994, through December 31, 1994. I would recommend approval of these contracts. If you have any questions, please feel free to contact me. JSP/lam-111 940197 Zt),P/�6� 3 rmr�r�u' jflflti fi i" .. AK 211101r POLLUTANT DISCHARGE ,t. 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 S -f&- K ) , 191`" , by and between ALBERTS WATER/WASTEWATER , whose addresl is 121 3rd Street, Fort Collins, Colorado, 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, 1994, and shall remain in full force and effective until December 31, 1994, unless and until otherwise terminated sooner, pursuant to the provisions of Section 5 below. Page 1 of 3 940197 eve/) 15 Alberts Water/Wastewater 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 requested $12.70 each TSS $ 6.00 each Effluent - BOD As requested $12. 70 each TSS $ 6.00 each Fecal Coliforms As requested $22.30 each Ammonia As requested $ 9.50 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 month ending. 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 940191 Alberts Water/Wastewater 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: Alberts Water & Wastewater Entity: Weld County Health Department Contact Person: Bob Alberts Contact Person: Judy Schmidt Address: 121 3rd Street Address: 1517 16th Avenue Court City, State, Zip:Ft. Collins, CO 80524 City, State, Zip:353-0635 extension 2249 Greeley, CO 80631 Phone: (303) 224-1763 Phone: Signed this day of 4U.A., ol"/fl (2- , 19 L{ . BY: N l�)rj(i S tu'f kr/ /u ii 57-e7k t4OUNTY OF WELD, STATE OF COLORADO BY "SYSTEM" l AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY ON BEHALF OF THE WELD COUNTY HEALTH TITLE OF AUTHORITY: DEPARTMENT /Lk 104473,Q ) BY: f Chairman tWa 3 ATTEST: Weld County Cl rk to the Boa d 1 2 !/4447 BY: __ L / /UPC�iJ Deputy Cleak to the Board Approved by: WELD COUNTY HEALTH DEPARTMENT C-47:04I )49 —' - John S. Pickle, M.S.E.H. Director Weld County Health Department Page 3 of 3 9409►'" Hello