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Home My WebLink About950243.tiffDRINKING WATER AGREEMENT FOR THE SAMPLING AND ANALYSIS OF DRINKING WATER BY THE WELD COUNTY HEALTH DEPARTMENT THIS AGREEMENT is made and entered into this 17th day of January 19 95 , by and between CITY OF EVANS , whose address is n7nn Gn1r9Pn R+ P'I,a„c, CO anE20 , 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 8300 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, 1995, and shall remain in full force and effect until December 31, 1995, unless and until otherwise terminated sooner, pursuant to the provisions of Section 5 below. Page 1 of 3 950243 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 Requested $22.50 each Confirmation As Required $15.00 each Note: If multiple resamples are taken on the same day, at the 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 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 create a duty of care with the respect to any persons not a party to this Agreement. Page 2 of 3 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 Contact Person: Jim Hewitson Address: 3700 Golden Street City, State, Zip: Evans, CO 80620 Phone: (303) 339-3475 BY: "SYSTEM" TITLE OF AUTHORITY: CITY OF EVANS, COLORADO By: Dallas D. Greenfield N3y_nr ATTEST: Kim Betz, City Cler APPROVED'AS Arlo to City At rney' APPROVED AS TO SUBSTANCE: City nager Entity: Weld County Health Department Contact Person: Connie O'Neill Address: 1517 16th Avenue Court City, State, Zip: Greeley, CO 80631 Phone: (303)353-0635 extension 2240 , 19 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 c7"- A BY: citT P1n; V---! Y USQ_A- -, Deputy Claim to the Board Approved by: WELD COUNTY HEALTH DEPARTMENT Page 3 of 3 Pickle, M.S.E.H. tor d County Health Department 950213 CITY OF EVANS, COLORADO ORDINANCE NO. 945-95 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 3rd day of January , 1995. CITY OF EVANS, COLORADO By ATTEST; 9502'+.3 PASSED, APPROVED AND ADOPTED ON SECOND READING this 17th day of January , 1995. CITY OF EVAN$, COLORADO ATTEST: City Clerk By _ Mayor 2 945-95 950243 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 9th day of January , 19 95 , by and between TOWN OF PIERCE , whose address is 240 Main P.O. Box 57 , 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 850 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, 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 950213 JI Town of Pierce 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 Confirmation As Requested $22.50 each As Required $15.00 each Note: If multiple resamples are taken on the same day, at the 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)daysupon 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 9.502.E 3 Town of Pierce 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: Town of Pierce Contact Person: Lois Souther Address: P. 0. Box 57 City, State, Zip: Pierce, CO 80650 Phone: (303) 834-2851 Signed this lOthlay of BY: Town of Pierce "SYSTEM" TITLE OF AUTHORITY: 1T January Entity: Weld County Health Department Contact Person: Connie O'Neill Address: 1517 16th Avenue Court City, State, Zip: Greeley, CO 80631 Phone: (303)353-0635 extension 2240 19 95 . 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: `M-4_ Chairman ATTEST: BY: Deputy Cletjc to the Board Weld County Clerk to the Board k . Approved by: WELD COUNTY HEALTH DEPARTMENT . Pickle, M.S.E.H. rector Weld County Health Department Page 3 of 3 9502.33 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 /a¢k day of Iowa 199S- , by and between TOWN OF FREDERICK whose address is PO Eon Y3�' Fodericic Co ay.SaU , 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 /ood 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, 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 9502 13 , Town of Frederick 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 - minimum) Resample As Requested $22.50 each Confirmation As Required $15.00 each Note: If multiple resamples are taken on the same day, at the 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 9502!3 Town of Frederick 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: Town of Frederick Contact Person: Address: P. 0. Box 435 City, State, Zip: Frederick, CO 80530 Phone: (303) 833-2388 Entity: Weld County Health Department Contact Person: Connie O'Neill Address: 1517 16th Avenue Court City, State, Zip: Greeley, CO 80631 Phone: (303)353-0635 extension 2240 Signed this 12a{_day of JG n oar A BY: CODAS "SYSmol or' TITLE OF AUTHORITY: n c.'s CCe cleric/C. , 19cfs— . 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 ATTESTS Weld County lerk Fto the B d BY: [ Ltl (/ IC— ! V -j- Deputy Cle l to the Board Approved by: WELD COUNTY HEALTH DEPARTMENT Director S. _ Pickle, M.S.E.H. Weld County Health Department Page 3 of 3 950211 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 601 day of , 19 95, by and between CITY OF FORT LUPTON whose address , 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 5,800 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, 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 :2502'? 3 City of Fort Lupton Agreement for the Sampling and Analysis of Drinking Water Section 3 - Services to be agrees to provide the following services to System during the term of this Agreement: Type of Test Bacteriological (Total Coliform) Resample Confirmation Nitrate Provided by Health Department: Health Department Contracted Number of Samples Routine Sample (six per month As requested As required As submitted Note: If multiple resamples are taken on the 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. - minimum) Contracted Fee $17.00 each $22.50 each $15.00 each $ 6.40 each same day, at the same location - 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 930213 i City of Fort Lupton 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: City of Ft. Lupton Contact Person: Bob Alberts Address: P. 0. Box 148 City, State, Zip: Ft. Lupton, CO 80621 Phone: (303) 857-9442 Signed this 3* day of BY: "SYSTEM" TITLE OF AUTHORITY: ei 03/93- g45 am/n/744h, Approved by Resolution 95-01; January 11, 1995 Entity: Weld County Health Department Contact Person: Connie O'Neill Address: 1517 16th Avenue Court City, State, Zip: Greeley, CO 80631 Phone: (303)353-0635 extension 2240 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 c BY: ,J Chairman ATTEST: BY: °//30/675. Weld County Clerk to the Boar / Deputy Cler Approved by: WELD CO - TH DEPARTMENT Director fickle, M.S.E.H. Weld County Health Department Page 3 of 3 X50213 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 /'7 iH day of 19 7j by and between STUCKEY'S , whose a dress 1is h54G,S 1-7b mees s ec4 - PG .13005, 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, 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 950213 Stuckey's 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 Requested $22.50 each Confirmation As Required $15.00 each Note: If multiple resamples are taken on the same day, at the 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 950213 Stuckey's 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: Stuckey's Pecan Shoppe Contact Person: Maria Alvarado Address: P. 0. Box 95 City, State, Zip: Roggen, CO 80652 Phone: (303) 849-5345 BY: Entity: Weld County Health Department Contact Person: Connie O'Neill Address: 1517 16th Avenue Court City, State, Zip: Greeley, CO 80631 Phone: (303)353-0635 extension 2240 Signed this /1%lay of , 19 • ae-et,-a-) "SYSTEM" TITLE OF AUTHORITY: lT RErS PECAN SHOPPE #280 P.O. DOXX 4b ` p 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 Chairman 06045 ATTEST: Weld County Clerk to the BY: Deputy Cler„i to the Board Approved by: WELD COUNTY HEALTH DEPARTMENT . Pickle, M.S.E.H. rector Weld County Health Department Page 3 of 3 950213 1 W rit WICY� COLORADO mEmORAnDUm Dale Hall To Board of County Commissioners Date From January 23, 1995 John S. Pickle, M.S.E.H.. Director. W.C H Subject: Sampling and Analysis of Drinking Water gi4144n/Uii. Enclosed for Board approval are Purchase of Services Agreements for the sampling and analysis of drinking water between the Weld County Health Department and the following: City of Evans Town of Pierce Town of Frederick City of Fort Lupton Stuckey's Section 4 "Release and Hold Harmless" from the City of Evans Drinking Water Contract has been deleted. This modification was also made on the 1994 contract which was discussed and approved by Lee Morrison at that time. All contracted fees are in accordance with the fees established in County Ordinance No.: 82-M All contracts are in the same format as 1994 contracts. The term of the agreement shall be from January 1, 1995, through December 31, 1995. I recommend approval of these contracts. If you have any questions, please feel free to contact me. JSP/cs-118 950213 Hello