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Home My WebLink About940059.tiff IL(If‘r mEmoRAnDum Wilk To i Constance L. Harbert, Chairman Board of County Harbert, Commissionersate January 3, 199 COLORADO John S. Pickle, M.S.E.H. , Director, W.C.H . From Sampling and Analysis of Pollutant Discharge Agreement Subject Enclosed for Board approval are Purchase of Services Agreements between the Weld County Health Department and the following: JOHNSTOWN, TOWN OF VKEENESBURG SANITATION DISTRICT PIERCE, TOWN OF ✓SEVERANCE, TOWN OF kWELD COUNTY SCHOOL DISTRICT RE-3J for the sampling and analysis of pollutant discharge. 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-2694 94QQ59 r- r-i r-inr777 77 t DEC 2119931 POLLUTANT DISCHARGE AGREEMENT FOR THE SAMPLING AND ANALYSIS OF POLLUTANT DISCHARGE BY THE WELD COUNTY HEALTH DEPARTMENT A THIS AGREEMENT is made and entered into this 3 -- day of ( ellt (ja/1( 4� 19 , by and between the TOWN OF JOHNSTOWN , whose "address is 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 94O059 Town of Johnstown 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 Effluent - Ammonia One per month $ 9.50 each Effluent - pH One per month $ 1.25 each Effluent - Dissolved Oxygen One per month $ 3.00 each Effluent - Temperature One per month $ 1.00 each Sampling Fee $35.00/hr 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, 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 940059 Town of Johnstown Agreement for the Sampling and Analysis of Pollutant Discharge 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, 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: Town of Johnstown Entity: Weld County Health Department Contact Person: Lonnie Kruise Contact Person: Judy Schmidt Address: P. 0. Box 609 Address: 1517 16th Avenue Court City, State, Zip: Johnstown, CO 80534 City, State, Zip: Greeley, CO 80631 Phone: (303) 587-4664 Phone: (303)353-0635 extension 2249 Signed this day of 1/4.-cQ/)'1.1.taAjJ , 19 94 . BY: Town of Johnstown 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: DEP ENT B � .� Chairman pmtem 0q/0 3hi_ bt/ ATT ST: Wel Coun y Clerk to the Mayor / idgieL BY: eputy Cl r o the oa Approved by: WELD COUNTY HEALTH DEPARTMENT . Pickle, M.S.E.H. rector eld County Health Department Page 3 of 3 940059 vi )C Ilj QEC 22 1993 POLLUTANT DISCHARGE AGREEMENT FOR THE SAMPLING AND ANALYSIS OF POLLUTANT DISCHARGE BY THE WELD COUNTY HEALTH DEPARTMENT THIS AGREEMENT is made and entered into this qty day of N.p0prrb94/ 19q_3 , by and between the KEENESBURG SANITATION DISTRICT , whose address is Iyo S. h'l-Ain , Ko ine3bu✓ , hereinafter referred to as "System, " and the County of Weld, St*te 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 940059 Keenesburg 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 - Fecal Coliform One per month $22.30 each Effluent - BOD One per month $12.70 each Effluent - TSS One per month $ 6.00 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, 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 940059 Keenesburg Sanitation District 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: Keenesburg Sanitation District Entity: Weld County Health Department Contact Person: Contact Person: Judy Schmidt Address: P. 0. Box 312 Address: 1517 16th Avenue Court City, State, Zip: Keenesburg, CO 80643 City, State, Zip: Greeley, CO 80631 Phone: (303) 732-4281 Phone: (303)353-0635 extension 2249 Signed this qh day of 1► pr-p,y,b , 19 43 BY: /124 1. " -A '' u L�<2- COUNTY OF WELD, STATE OF COLORADO BY ')DYSTEM" /a/es,dent AND THROUGH THE BOARD OF COUNTY vv COMMISSIONERS OF WELD COUNTY ON BEHALF OF THE WELD COUNTY HEALTH TITLE OF AUTHORITY: DEPARTM`EENNTT BY:`1 J Chairman gam 0//03/(14 ATT T: Weld County Clerk to the 1IpaR /// 7J F 6/ BY: / ,�� reputy Clerk o t e Board Approved by: WELD COUNTY HEALTH DEPARTMENT o S. Pickle, M.S.E.H. erector Weld County Health Department Page 3 of 3 940059 (l� rrll ``��,i r,r r;i , !. i i i11 I! �I DEC 2 2 POLLUTANT DISCHARGE 1993' AGREEMENT FOR THE SAMPLING AND ANALYSIS OF POLLUTANT DISCHARGE BY THE WELD COUNTY HEALTH DEPARTMENT THIS AGREEMENT is made and entered into this 13th day of Dec-,11) r 1993 , by and between the TOWN OF PIERCE whose address is ZT,) :'aiti 3t. , Box 57 Pierce , 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, 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 4 940059 Town of Pierce 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 Effluent One per month Nitrate $ 6.40 each Nitrite $ 7.45 each pH $ 1.25 each Total Dissolved Solids $ 6.00 each Chloride $ 7.40 each Sulfate $ 7.20 each Monitor Well Total Coliform One per month $28.50 each Nitrate $ 6.40 each Nitrite $ 7.45 each pH $ 1.25 each Total Dissolved Solids $ 6.00 each Chloride $ 7.40 each Sulfate $ 7.20 each Sampling Fee $35.00/hr 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. Page 2 of 4 940059 Town of Pierce Agreement for the Sampling and Analysis of Pollutant Discharge 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. 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: Town of Pierce Entity: Weld County Health Department Contact Person: Lois Souther Contact Person: Judy Schmidt Address: P. 0. Box 57 Address: 1517 16th Avenue Court City, State, Zip: Pierce, CO 80650 City, State, Zip: Greeley, CO 80631 Phone: (303) 834-2851 Phone: (303)353-0635 extension 2249 Page 3 of 4 940059 Town of Pierce Agreement for the Sampling and Analysis of Pollutant Discharge Signed this 13tJ ay of Lcccnber , 19 a3. /r COUNTY OF WELD, STATE OF COLORADO BY: _ • ___ BY AND THROUGH THE BOARD OF COUNTY "SYS EM" COMMISSIONERS OF WELD COUNTY ON BEHALF OF THE WELD COUNTY HEALTH DEPAR TITLE OF AUTHORITY : ,� f BY :a� L Chairman protem O1/03/g 7 ayor loan. of Ficrcc ATTES • Weld a Cunt Clerk to the By'rd lti /Vvl/. BY: D putt' Clerk to the B ard ._ Approved by: WELD COUNTY HEALTH DEPARTMENT o S . Pickle. M. S .E.H. rector Weld County Health Department Page 4 of 4 940059 nC7C7Orn ti ir i ;I DEC 1 4 1993I ' POLLUTANT DISCHARGE AGREEMENT FOR THE SAMPLING AND ANALYSIS OF POLLUTANT DISCHARGE BY THE WELD COUNTY HEALTH DEPARTMENT THIS AGREEMENT is made and entered into this Q --i day of z)ectnft,C 19573 , ,by and between the TOWN OF SEVERANCE , whose address is 336 / t S ie PG- Box /.L t , 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 4 940059 Town of Severance 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 Monitoring Well Sample Chloride Two per year $ 7.40 each Ammonia $ 9.50 each pH $ 1.25 each TSS $ 6.00 each Nitrate $ 6.40 each COD $36.00 each Fecal Coliform $22.30 each $35.00/hr Sampling Fee Influent - BOD Monthly (Delivered) $12.70 each Influent - TSS Monthly (Delivered) $ 6.00 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, 1994. Page 2 of 4 940059 Town of Severance Agreement for the Sampling and Analysis of Pollutant Discharge 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 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: Town of Severance Entity: Weld County Health Department Contact Person: Ferry Morgan Contact Person: Judy Schmidt Address: 11313 1r6tartp Road Pct" ' t Address: 1517 16th Avenue Court City, State, Zip: Windsor, CO 80550 City, State, Zip: Greeley, CO 80631 Phone: (303) 686-5153 Phone: (303)353-0635 extension 2249 Page 3 of 4 94 Town of Severance Agreement for the Sampling and Analysis of Pollutant Discharge // Signed this day of 4�,,,LAJ , 19 ,S . BY: Town/ o�' SE ERaucc 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: DEPARTM6LVT ,J BY: _ � Gt Chairman prate 0//03 X95! G3zn nc4).gn ATTES Weld County Clerk to the — CLARK Sjo/rd BY: �� r4� �' �� beputy Clerk t e Boar J Approved by: WELD COUNTY HEALTH DEPARTMENT J n S. Pickle, irector Weld County Health Department Page 4 of 4 940059 il POLLUTANT DISCHARGE DEC 2 4t y l Lt_ -- J V 1'1✓`x- 1 . 1 Ji_. AGREEMENT FOR THE SAMPLING AND ANALYSIS OF POLLUTANT DISCHARGE BY THE WELD COUNTY HEALTH DEPARTMENT THIS AGREEMENT is made and entered into this 14th day of December , 19 93 , by and between the WELD COUNTY SCHOOL DISTRICT RE-3J , whose address is PO Box 269, Keenesburg CO 80643 , 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 940059 Weld County School Distrist RE-3J 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 $35.00/month Sampling Fee 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, 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 940O59 Weld County School Distrist RE-3J 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 o fact or that morre sections, subsection, paragraphs, sentences,s clauses, phrases may be declared to be unconstitutional or invalid. Section 9 - Notices: All notices to the parties shall be sent to the following: Entity: Weld County RE-3J Entity: Weld County Health Department Contact Person: Dennis Disario Contact Person: Judy Schmidt Address: P. 0. Box 269 Address: 1517 16th Avenue Court City, State, Zip:Keenesburg, CO 80643 City , State, Zip: Greeley, extension 806 2231 Phone: (303) 732-4844 Pl/ , 19 --• Signed this �v tday of D.(P.�itite'� / BY: Weld Re-3(J) "SYSTEM" TITLE OF AUTHORITY: V BY: /I {2 2 c S/ //I/ 2-) Dennis Disario, Supt. BY /le _ l .CH rd o Co ty Ce miSners Chairman, �R roved by /7 : ��G �� App y: ATTEST: 44 /V (U WELD COUNTY HEALTH DEPARTMENT tai,WELD COUNTY CLERK TO HE BOARD BY: THE BOARD EPUTY CLER M.S.E. . o S. Pic e, rector Weld County Health Department Page 3 of 3 940059 Hello