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Home My WebLink About930195.tiff mEmORAnDum Constance L. Harbert, Chairman To Board of County Commissioners Date ' February 20. 1993 COLORADO From Jeannie K. Tacker, Business Manager, Weld CountvHea'lth Dept i Subject: Sampling and Analysis of Drinking Water Agreements Enclosed for board approval are two sampling and analysis of drinking water agreements between the Weld County Health Department and the following entities: 1. Town of Erie 2. Sodbuster All contracted fees are in accordance with the fees established in County Ordinance #82-M. The term of each agreement is from January 1, 1993 through December 31, 1993. If you have any questions, please feel free to contact me. 930195 ul , vi� AGREEMENT FOR THE SAMPLING AND ANALYSIS OF DRINKING WAT ------- BY THE WELD COUNTY HEALTH DEPARTMENT F_3 1 6 1993 • THIS AGREEMENT is made and entered into this „7O-1 day of 19 -/ , by and between TOWN OF ERIE , whose ad /�8 rest ds 645 Holbrook/P.O. Box 100. Erie . 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 • WHEREAS, system supplies /`00 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, 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 s� 14 pp =0195 Town of Erie 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) (three per month - minimum) Resample As Required $22.50 each Confirmation As Required -- - -- $15.00 each Note: If multiple cesamples 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, 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. k. Page 2 of 3 93O195 Town of Erie .agrement for the amp 1g 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: ntity: Town of Erie Entl y: Weld County Health Department Contact Person: Scott A. HFhn Contact Person: Judy Schmidt Address : p.0. Box 100 Address: 1517 16th Avenue Court City, State, Zip: Erie. CO 30516 City, State, Zip: Greeley, CO 80631 ?hone: (303) 665-3555 Phone: (303)353-0635 extension 2249 Signed this day of 1./411LC/9 , 19_422_. BY: /cniyn 97 4=77 e 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:efrxriwyie«e" 't ! Oizel z. % /,fi/ev67 �jairman d?a41/93 Pi?C�� / .� ATTEST: Weld County Clerk to the / 111 BY: I. Deputy Clerk to the Board ATTFS-W TO a9 P OcUMITY Approved by: WELD COUNTY HEALTH DEPARTMENT Rando ph L. Gordon, M. D. , M. P.H. Director Page 3 of 3 9301_95 ff[ : 9 1 1993 M,..� � r , AGREEMENT FOR THE SAMPLING AND ANALYSIS OF DRINKING WATER BY THE WELD COUNTY HEALTH DEPARTMENT THIS AGREEMENT is made and entered into this -(, day of J1:6,-)mkr£.0 19 r93 , by and between SODBUSTER whose :'address f is 1f ,59c2 7 y J{z G. Y 9 hereinafter referred to as "System, " and the County o5 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 -In 1,. 3 v 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, 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 6,11,01c0 8 (2,30/(15 Sodbuster 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 I1(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. Page 2 of 3 920195 Sodbuster 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: 9 , Entity:rc j4,s > QLa Entity: Weld County Health Department Contact Personcktiv,1ti• zr - 4,c.,. Contact Person: Judy Schmidt Address: y fl?O ,. . Address: 1517 16th Avenue Court City, State, Zip: j( , e_., ,,, to c1433 33 City, State, Zip: Greeley, CO 80631 Phone: 7 3 a-- 42 ? (. Phone: (303)353-0635 extension 2249 Signed this , (, day of ),..y_, t., , , 19 9 .3 . B \ , Y -!l.r•- _F %-C COUNTY ti`—� OF WELD, STATE OF COLORADO BY IkSTEM" AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY ON BEHALF OF THE WELD COUNTY HEALTH TITLE OF AUTHORITY: DEPARTMM .. BY:___ • _ Chairman 0c2befiG3 ATT T: Weld Count Clerk to the BAar) U ri BY: .� Deputy Clerk to the Board ATTESTING TO BCA7D OF COfUNTY COMMISSIONER :E ::.:U.-;ES Oily Approved by: WELD COUNTY HEALTH DEPARTMENT All 0---44-1. Randolph L. Gordon, M.D. , M.P.H. Director Page 3 of 3 920195 Hello