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Home My WebLink About940113.tiff At_'w • mEmoRAnDum W I` a To William H. Webster, Chairman Board of County Commissionera1e January 24, 1994 , COLORADO From John S. Pickle, M.S.E.H. , Director, W.C.H. /- G7 Subject: Sampling and Analysis of Drinking Water Agreement Enclosed for Board approval is a Purchase of Services Agreement between the Weld County Health Department and the following: BEEBE DRAW WATER DACONO, CITY OF EVANS, CITY OF FORT VASQUEZ NUNN, TOWN OF THE LAZY "D" for the sampling and analysis of drinking water. All contracted fees are in accordance with the fees established in County Ordinance #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/kh-2873 940113 r:Wri n� Crs DRINKING WATER Jr 21_ Nvf I," An AGREEMENT FOR THE SAMPLING AND ANALYSIS OF DRINKING WATER BY THE WELD COUNTY HEALTH DEPARTMENT THIS AGREEMENT is made and entered into this 3G day of �� c 19 , THIS by and between THE LAZY "D" , whose address is 39tiW L_/r,e /a Lie✓eir' d , 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, system supplies 110 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 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 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, 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 940113 The Lazy "D" 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 $21.00 each (Total Coliform) (one per quarter) 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. 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 of drinking water. 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, 1994. 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 940113 The Lazy "D" Agreement for the Sampling and Analysis of Drinking Water 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, subsections, 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: The Lazy "D" Entity: Weld County Health Department Contact Person: Dennis Zitek Contact Person: Judy Schmidt Address: 39520 Weld County Road 136 Address: 1517 16th Avenue Court City, State, Zip: Hereford, CO 80732 City, State, Zip: Greeley, CO 80631 Phone: (303) 895-2281 Phone: (303)353-0635 extension 2249 Signed this iC day of %,/ac , 1993 BY: 7� // Z // p 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: DEPARTMENT ` BY: A,/` , .P, t% 4 Chairman O//,a v/1/4/ dt� k c ATTEST: Weld C unty Clerk to the y 97,47 Board BY: ii PH k l / Iaeht-) Deputy ClerSF to the Board Approved by: WELD COUNTY HEALTH DEPARTMENT Jo . Pickle, M.S.E.H. ector Weld County Health Department Page 3 of 3 940113 DRINKING WATER Mir'`� ` ENT FOR THE SAMPLING AND ANALYSIS OF DRINKING WATER 47- BY THE WELD COUNTY HEALTH DEPARTMENT JAN 1�7I �y :THIS AGREEMENT is made and entered into this day of n 19 %7 , by and between TOWN OF NUNN , whose ddress ' 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, system supplies 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 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 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, 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 940113 Town of Nunn 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) (one per month - minimum) Resample As Required $22.50 each Confirmation As Required $15.00 each Nitrate (Four per month - Delivered) $ 6.40 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. 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 of drinking water. 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, 1994. 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 Page 2 of 3 940113 Town of Nunn Agreement for the Sampling and Analysis of Drinking Water 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, subsections, 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 Nunn Entity: Weld County Health Department Contact Person: Dian Peck Contact Person: Judy Schmidt Address: P. 0. Box 171 Address: 1517 16th Avenue Court City, State, Zip: Greeley, CO 80631 City, State, Zip: Greeley, CO 80631 Phone: (303) 897-2385 Phone: (303)353-0635 extension 2249 f'( (� 19 "/5 Signed this i aa 777 day of 49,aep_.p.,Jet, . BY: r�Jv. ivw„yn) COUNTY OF WELD, STATE OF COLORADO BY v'SYSTEM" AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY ON BEHALF OF THE WELD COUNTY HEALTH TITLE OF AUTHORITY: DEPARTMENT /} 6 1,---..-- Chairman p//0?%1A1i7 ( ATTEST: Weld County Clerk to_t+h`e �7 7 �� Board J ��/ Ae BY: 1/43Ateelt A-7 Y ae.0 A.) Deputy Clerkl to the Board Approved by: WELD COUNTY HEALTH DEPARTMENT . fickle, .S.E.H.;#1-- erector Weld County Health Department Page 3 of 3 940113 \C=1 ricit'rfl1; '.c1 LS/ r h i � trial-319941 `i DRINKING WATER tL AGREEMENT FOR THE SAMPLING AND ANALYSIS OF DRINKING WATER BY THE WELD COUNTY HEALTH DEPARTMENT THIS AGREEMENT is made and entered into this 5-6 day of 12c¢a6eti , 19e? ; , by and between FORT VASQUEZ , whose address is ))2,41a. I'lwicc, Pia Ciuueuhi(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 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 One- Me vhi WHEREAS, system supplies , FOOD pa-seas wit 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 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 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, 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 3 940'113 Fort Vasquez 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 Monthly when open as sub- $6.50 each (Total Coliform) mitted by Fort Vasquez. Delivered to the Health Department. 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. 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 of drinking water. 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, 1994. 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 940113 Fort Vasquez Agreement for the Sampling and Analysis of Drinking Water 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, subsections, 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: Colorado Historical Society Entity: Weld County Health Department Contact Person: Anne Bond Contact Person: Judy Schmidt Address: 1300 Broadway Address: 1517 16th Avenue Court City, State, Zip: Denver, CO 80203 City, State, Zip: Greeley, CO 80631 Phone: (303) 866-4691 Phone: (303)353-0635 extension 2249 Signed is 9 day of �--L e4%—`4""' , 19 12 BY: V ______ 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: DEPARTMENT / b��42tq p '6 Chairman ol%ghq / ATTEST: Weld County Clerk to the BY: _pCt �C Deputy C1 to the Board Approved by: WELD COUNTY HEALTH DEPARTMENT ter A_ J S. Pic le, M.S.,E.H. irector Weld County Health Department Page 3 of 3 940113 DRINKING WATER C-171 r-? Jr"ir7 Cn,s _d:: 'Ifs 41v AGREEMENT FOR THE SAMPLING AND ANALYSIS OF DRINKIN 'ATN -1 actin BY THE WELD COUNTY HEALTH DEPARTMENT 1m1 ✓VELJ GU riL_NLTr, utPl THIS AGREEMENT is made and entered into this 21st day of December 19 93 , by and between CITY OF EVANS , whose address is 3700 Golden St. . Evans. CO 80670 , 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, system supplies 7800 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 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 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, 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 940113 City of Evans 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 $13.00 each (Total Coliform) (eight 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. 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 of drinking water. ctian=4== lease=and crld= esst==Tl 4•yst Fagr a=easgaad=halo 4ratmfess=He cli=if tfefebt=fetesany==ond u14=t1=abltkt.Taa4/'=dama-gEs= stti g hem-Nre=gets orR2misshows=a€4leal-blr-Depa=r#.mew 3n-pe-t-foxzsi;ag=t₹a=a w ices=set fwrEifPict=ElfinAgr ue. 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, 1994. 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 940113 City of Evans Agreement for the Sampling and Analysis of Drinking Water 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, subsections, 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: City of Evans Entity: Weld County Health Department Contact Person: Ken Hammer Contact Person: Judy Schmidt Address: 3700 Golden Street Address: 1517 16th Avenue Court City, State, Zip: Evans, CO 80620 City, State, Zip: Greeley, CO 80631 Phone: (303) 339-3475 Phone: /' (303)353-0635 extension 2249 , Signir, this day of C,a u/ , 19 %sz . BY: COUNTY OF WELD, STATE OF COLORADO BY SYSTEM" AND THROUGH THE BOARD OF COUNTY Cecil Knox, Mayor COMMISSIONERS OF WELD COUNTY ON BEHALF OF THE WELD COUNTY HEALTH TITLE OF AUTHORITY: DEPARTMENT ATTEST: � �i�/AIN , BY: t �� Chairman 0i/aW 9V ATTEST: Weld County Clerk to the Kim Betz, City C rk Boar APPROVE AS ORM:, BY: Deputy ClJk to the Board Ci y f Evans Attorney Approved by: I APPROVED AS TO SUBSTANCE: WELD COUNTY HEALTH DEPARTMENT ns Ci na er .Pickle, M.S.E.H. irector Weld County Health Department Page 3 of 3 940113 CITY OF EVANS, COLORADO ORDINANCE NO. 895-93 AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY OF WELD, CONCERNING THE SAMPLING AND ANALYSIS OF DRINKING WATER BY THE WELD COUNTY HEALTH DEPARTMENT WHEREAS, pursuant to the requirements of certain portions of the Safe Drinking Water Act, 42 U. S.C. , Section 300, the City of Evans is required to periodically sample and analyze their drinking water; and WHEREAS, the Weld County Health Department possesses equipment and expertise required to perform the required sampling and analysis; and WHEREAS, a contract has been submitted to the City of Evans, by the Weld County Health Department to provide for sampling and analysis of drinking water and the rates and charges for such services; and WHEREAS, C.R. S. , Section 29-1-203 , enables local government to enter into intergovernmental agreements and under the Home Rule Charter of the City of Evans, such intergovernmental agreements must be approved by the City Council by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANS, COLORADO: 1. The recitals above set forth are incorporated herein by reference for all purposes as though set forth in full. 2 . The intergovernmental agreement attached hereto, between the County of Weld and the City of Evans, is approved and the Mayor and City Clerk are authorized and directed to execute such agreement. PASSED AND APPROVED at a regular meeting of the City Council of the City of Evans on this 7th day of December , 1993 . CITY OF EVANS, COLORADO 0 r By Le= :IX Mayor ATTEST: City Clerk 94O113 PASSED, APPROVED AND ADOPTED ON SECOND READING this 21st day of December , 1993 . CITY O/FEVANS, COLORADO rr11 By X rI .1,_ _t____Q Mayor ATTEST: cilL)0&-1 61 City Clerk RI 2 895-93 940113 � j1 ! n t. , Wit ' 4��_I-� hi rt I I� WELD 0.3 . "- '' DRINKING WATER AGREEMENT FOR THE SAMPLING AND ANALYSIS OF DRINKING WATER BY THE WELD COUNTY HEALTH DEPARTMENT THIS AGREEMENT is made and entered into this la day of ____ , 19C1,5 , by and between\;� CITY OF DACONO , whose ddress is `Sld Cj.Sxx rbeek0i(B\[1/0,mc) Cx") , hereinafter referred to as "System," and the County ogiWeld, 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, system supplies 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 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 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, 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 940113 City of Dacono 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) (four per month) 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 $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. 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 of drinking water. 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, 1994. 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 oficers or ss, or shall any rtion of this t bef deemedto orlocreated an duty oofe care nwith the respeoct to any persons e n not a party to this Agreement. Page 2 of 3 940113 City of Dacono Agreement for the Sampling and Analysis of Drinking Water 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, subsections, 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: City of Dacono Entity: Weld County Health Department Contact Person: Nancy Elliott Contact Person: Judy Schmidt Address: 512 Cherry St. , PO Box 186 Address: 1517 16th Avenue Court City, State, Zip: Dacono, CO 80514 City, State, Zip: Greeley, CO 80631 Phone: (303) 833-2317 Phone: (303)353-0635 extension 2249 Signed this /C2 day of Y�i 4"{-7 , 19 �• BY:�� < /J 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: DEPARTMENT {Q BY: A J V" V l% �fJ �) Chairman O//asp/9� / ATTEST: Weld ounty Clerk to the Boar BY: tilicIY&1 k / / LcX ut•-. Deputy Clegfk to the Board Approved by: WELD COUNTY HEALTH DEPARTMENT j J S. Pickle, M.S.E.H. rector Weld County Health Department Page 3 of 3 940113 DRINKING WATER AGREEMENT FOR THE SAMPLING AND ANALYSIS OF DRINKING WATER BY THE WELD COUNTY HEALTH DEPARTMENT THIS AGREEMENT is made and entered into this \5(J'"- day of \ tif6A-, 19 9}',3, by and between BEEBE DRIA WAfR , whose address is t z& FR tk SS:2)2. CAS- T 240 r^" ;kiefeina'CL/er 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, system supplies /000 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 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 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, 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 94„113 Beebe Draw Water 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) Resamples As Requested $22.50 each Confirmation As Requested $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. 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 of drinking water. 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, 1994. 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 940113 Beebe Draw Water Agreement for the Sampling and Analysis of Drinking Water 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, subsections, 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: Beebe Draw Water & Sant. Dist. Entity: so County Healthdy Schmidt Address:Contact Person: Gary Antonoff Contact Pe Address: #2 Inverness Dr. E. Ste. 200 Address: 1517 16th Avenue Court City, State, Zip: Englewood, CO 80123 City, State, Zip: Greeley, CO 80631 Phone: (303) 799-6300� Phone: (303)353-0635 extension 2249 Signed this ,31-74't day of -'e'er , 19 9 3 . BY: ` -2'b" l1O / 1-u,, 'SntMZa COUNTY OF WELD, STATE OF COLORADO BY "SYSTEM" thii ✓1,c-c-19 AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY ON BEHALF OF THE WELD COUNTY HEALTH TITLE OF AUTHORITY: DEPARTMENT BY: eii /!!/i�/ � Chairman ll��4/q,. � a ATTEST: Weld C unty Clerk to the Board BY: ' Deputy Clerl to the Board Approved by: WELD COUNTY HEALTH DEPARTMENT S. Pic le, M.S.E.H. irector Weld County Health Department Page 3 of 3 940113 BEEBE DRAW WATER AND SANITATION DISTRICT 2 Inverness Drive East, Suite 200 Englewood, Colorado 80112 (303) 799-6300 January 14, 1994 19'il94 Ms. Judy Schmidt Weld County Health Department 1517 - 16th Avenue Court Greeley, CO 80631 Dear Ms. Schmidt: Enclosed please find the original Agreement for the Sampling and Analysis of Drinking Water by the ted y ater and Sanitationeld District County Pleaasetreturnacopy of this document to usment which has been uafter it has been fullbe Drawy executed. Thank you for your assistance. Sincerely, Kathleen Berger Secretary/Treasurer KDB/iy Enclosure 94O113 Hello