HomeMy WebLinkAbout951729.tiffPOLLUTANT DISCHARGE
AGREEMENT FOR THE SAMPLING AND ANALYSIS OF POLLUTANT DISCHARGE
BY THE WELD COUNTY HEALTH DEPARTMENT
THIS AGREEMENT is made and entered into this ?/141L day of
19 ',r, by and between the LAKE VIEW VILLAGE whose adds
, 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 July 1, 1995, and
shall remain in full force and effective until December 31, 1995, unless and
until otherwise terminated sooner, pursuant to the provisions of Section 5 below.
Page 1 of 3
551729
Lake View Village
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
Bacteriological
(Fecal Coliform)
Sampling Fee
Contracted Number of Samples Contracted Fee
Five per month (July thru
September)
$22.30 each
$35.00/hour
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
Lake View Village
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: Lakeview Village
Contact Person: Jeff T.m19. l€ ,I,, ;,�, �,
Address: ;A��
City, State, Zip: ox trrea3
Phone:
ntity: Weld County Health Department
C'_I_-� ontact Person: Connie O'Neill
-:J�.�fll�l- CR-- Address: 1517 16th Avenue Court
L ,� ity, State, Zip: Greeley, CO 80631
(3�-5 �cn'x�mcnzi' lS'Phone: (303)353-0635 extension 2240
7101-603(p
Signed this day of Nwi
BY:
TITLE OF AUTHORITY:
1993 .
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
BY:
Chairman Dale K. Hall
ATTEST: Weld Coun y Clerk ,to
oa
,
L)141
C
BY:5/U111
Deputy Cl4k to the Board 4.71
Approved by:
WELD COUNTY HEALTH DEPARTMENT
John '! Pickle, M.S.E.H.
Di
d County Health Department
Page 3 of 3
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COLORADO
To
mEmoRAnuum
Dale Hall
Board of County Commissioners
Date
July 27, 1995
From John S. Pickle, M.S.E.H., Director, W.C.
Subject: Sampling and Analysis of Pollutant Discharge Agreement
Enclosed for Board approval are Purchase of Services Agreements for the sampling
and analysis of pollutant discharge between the Weld County Health Department and
Lake View Village.
All contracted fees are in accordance with the fees established in County
Ordinance No.: 82-P
All contracts are in the same format as 1994 contracts.
The term of the agreement shall be from July 1, 1995, through December 31, 1995.
I recommend approval of these contracts.
If you have any questions, please feel free to contact me.
JSP/hd-1202
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