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Home My WebLink About960346 4 ','', mEmoRAnDum Barbara Kirkmeyer, Chair Wilk To Board of County Commissioners Date January 26, 1996 COLORADO From John S. Pickle, M.S.E.H. , Director, W.C.H.D. /1±04 N4 ' 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 the following: Town of Pierce Idaho Creek Gravel Town of Severence Hewlett Packard Town of Johnstown Roggen Disposal All contracted fees are in accordance with the fees established in County Ordinance No. : 82-P All contracts are in the same format as 1995 contracts. The term of the agreement shall be from January 1, 1996, through December 31, 1996. I recommend approval of these contracts. If you have any questions, please feel free to contact me. JSP/hk 960346 r11670 0577779 7 ' ' POLLUTANT DISCHARGE I- Lii,_ JAN 16 1996 AGREEMENT FOR THE SAMPLING AND ANALYSIS OF POLLUTANT DISCHARGE BY THE WELD COUNTY HEALTH DEPARTMENT tg THIS AGREEMENT is made and entered into this //)-- day of c_MAiglk Y ism, , by and between the TOWN OF SEVERANCE , whose address is 33/0 I ti STRHG7 , 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, 1996, and shall remain in full force and effective until December 31, 1996, unless and until otherwise terminated sooner, pursuant to the provisions of Section 5 below. Page 1 of 4 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: Tyne 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 Sampling Fee $35.00/hr Influent BOD Monthly (Delivered) $12.70 each TSS $ 6.00 each Effluent pH Monthly (Delivered) $ 1.25 each BOD $12.70 each TSS $ 6.00 each Fecal Coliform $22.30 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, 1996. Page 2 of 4 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: Jerry Mongan Contact Person: Connie O'Neill Address: 11313 Madaket Road Address: 1517 16th Avenue Court City, State, Zip: Windsor, CO 80550 City, State, Zip: Greeley, CO 80631 Phone: (970) 686-5153 Phone: (970)353-0635 extension 2240 Page 3 of 4 Town of Severance Agreement for the Sampling and Analysis of Pollutant Discharge �7 Signed this / A D —day of ? rcc-47- , 1994 . BY: A,�� p, �,i / //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: `-. �7 ; hair ot8m (. /4 't 9 / / •vim% eld Coun y Clerk to the F ( u1 �'�a GLIB( e.,4F ' Ab �" � Clerk to he Board kv Approved by: WELD COUNTY HEALTH DEPARTMENT John S. Pickle, M.S.E.H. Director Weld County Health Department Page 4 of 4 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 ,J day of , 19 Y'6 , by and between the HEWLETT PACKARD , whose addre is 700 2-1 a-2VZ, C�/2ee/ez a (DO 341 , 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, 1996, and shall remain in full force and effective until December 31, 1996, unless and until otherwise terminated sooner, pursuant to the provisions of Section 5 below. Page 1 of 3 Hewlett Packard 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 Effluent PH Quarterly $ 1.25 each Chemical Oil & Grease Monthly $36.75 each Differentiated Oil & Grease As required $36.75 each BOD Quarterly $12.70 each Total Suspended Solids Quarterly $ 6.00 each Hexavalent Chromium Twice per Year $10.00 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, 1996. 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 Hewlett Packard 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: Hewlett Packard Entity: Weld County Health Department Contact Person: John Hughes Contact Person: Connie O'Neill Address: 700 71st Avenue Address: 1517 16th Avenue Court City, State, Zip: Greeley, CO 80634 City, State, Zip: Greeley, CO 80631 Phone: (970) 350-4411 Phone: (970)353-0635 extension 2240 Signed this J� day of (�r li' V , 19 96' . BY: EM" 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: �iJV G'4 "e- '&#.0"-64 �r►�rotem �a/y/4�J T%�= ld .unty Clerk to the 1_1 tf (Or' e_<i V y lerk to the Board Approved by: WELD COUNTY HEALTH DEPARTMENT John S. Pickle, M.S.E.H. Director Weld County Health Department Page 3 of 3 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 /1/44 day of 19 /(p , by and between the ROGGEN DISPOSAL , 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, 1996, and shall remain in full force and effective until December 31, 1996, unless and until otherwise terminated sooner, pursuant to the provisions of Section 5 below. Page 1 of 4 Roggen Disposal 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 Monitor Well Quarterly TDS $ 6.00 each pH $ 1.25 each Iron $ 5.00 each Sodium $ 5.00 each Chloride $ 7.40 each Potassium $ 5.00 each Calcium $ 7.40 each Total Hardness $ 5.20 each Magnesium $ 1.10 each Total Alkalinity $ 5.20 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, 1996. Page 2 of 4 Roggen Disposal 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: Roggen Disposal Entity: Weld County Health Department Contact Person: Mike Cervi Contact Person: Connie O'Neill Address: P. O. Box 169 Address: 1517 16th Avenue Court City, State, Zip: Sterling, CO 80751 City, State, Zip: Greeley, CO 80631 Phone: (970) 830-7156 Phone: (970)353-0635 extension 2240 Page 3 of 4 Roggen Disposal Agreement for the Sampling and Analysis of Pollutant—7 Discharge Signed this t71-"" day of `/yd`"' , 1 . BY: le" 1 G COUNTY OF WELD, STATE OF COLORADO BY "SYST AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY ON BEHALF OF THE WELD COUNTY HEALTH TITLE OF AUTHORITY: DEPARTMENT C11 BY: "(/iccz .C hair ptjeM (z4`(/ ) :� c . Well County Clerk to the Ic'i (rO/ r. , ne y/ler o 'e Board U iNI Ap.roved by: WELD COUNTY HEALTH DEPARTMENT l John S. Pickle, M.S.E.H. Director Weld County Health Department Page 4 of 4 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 /7'T" day of te, 44z , 197A 7 b , by and between the TOWN OF JOHNSTOWN , whose address Vie , 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, 1996, and shall remain in full force and effective until December 31, 1996, unless and until otherwise terminated sooner, pursuant to the provisions of Section 5 below. Page 1 of 3 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 Monthly $12.70 each - TSS $ 6.00 each Effluent - BOD $12.70 each - TSS $ 6.00 each - Fecal Coliform $22.30 each - Ammonia $ 9.50 each - pH $ 1.25 each - Dissolved Oxygen $ 3.00 each - Temperature $ 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, 1996. 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 Town of Johnstown 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: Town of Johnstown Entity: Weld County Health Department Contact Person: Lonnie Kruise Contact Person: Connie O'Neill Address: P. O. Box 609 Address: 1517 16th Avenue Court City, State, Zip: Johnstown, CO 80534 City, State, Zip: Greeley, CO 80631 Phone: (970) 587-4664 Phone: (970)353-0635 extension 2240 Signed this /! J day of y!( %(th.cr , 19 B 3N1/4> COUNTY OF WELD, STATE OF COLORADO BY "SYST " AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY ON BEHALF OF THE WELD COUNTY HEALTH TITLE OF AUTHORITY: DEPARTMENT, // BY: (-ILL - �( _�I rrIIqq 7 • otem (Arq 46) 0..42-ca.m/ ( �. �,��'► County Clerk to the Isc /PUS Board Approved by: WELD COUNTY HEALTH DEPARTMENT John S. Pickle, M.S.E.H. Director Weld County Health Department Page 3 of 3 POLLUTANT DISCHARGE Lk AGREEMENT FOR THE SAMPLING AND ANALYSIS OF POLLUTANT DISCHARGE BY THE WELD COUNTY HEALTH DEPARTMENT THIS AGREEMENT is made and entered into this /%'≥4 day of titott , 19 IA„ by and between the IDAHO CREEK GRAVEL , 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, 1996, and shall remain in full force and effective until December 31, 1996, unless and until otherwise terminated sooner, pursuant to the provisions of Section 5 below. Page 1 of 3 Idaho Creek Gravel 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 Effluent pH Monthly as requested $ 1.25 each Chemical Oil & Grease $36.75 " Visual Oil & Grease $ 1.25 " Total Suspended Solids $ 6.00 " Sampling Fee „ $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, 1996. 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 Idaho Creek Gravel 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: Idaho Creek Gravel Entity: Weld County Health Department Contact Person: Bill Kobobel Contact Person: Connie O'Neill Address: 7909 Weld County Road 5 Address: 1517 16th Avenue Court City, State, Zip: Longmont, CO 80504 City, State, Zip: Greeley, CO 80631 Phone: (303) 772-6916 / (3031 530-1539 Phone: (9701353-0635 extension 2240 Signed this // day of 1,,=,,; ? !' 2)/ < 47 , 19 BY: 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 / I ) ,� .Chair pfofetn 6144/96) tfa " N��! � ld ount� Clerk to the Rr t ttict I`l (- aeat Y Bitt ®rj U7 IN ler o the Board Approved by: WELD COUNTY HEALTH, DEPARTMENT J E��, John S. Pickle, M.S.E.H. Director Weld County Health Department Page 3 of 3 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 Ali day of January , 19 9b , by and between the TOWN OF PIERCE , whose address is ..4J lain it. bOY k'1' re 6 , 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, 1996, and shall remain in full force and effective until December 31, 1996, unless and until otherwise terminated sooner, pursuant to the provisions of Section 5 below. Page 1 of 4 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 TSS $ 6.00 each Effluent As requested when discharging 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 Total Suspended Solids $ 6.00 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 Total Suspended Solids $ 6.00 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. Page 2 of 4 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, 1996. 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: C ala Clcvolaad- Contact Person: Connie O'Neill Address: P. O. Box 57 Address: 1517 16th Avenue Court City, State, Zip: Pierce, CO 80650 City, State, Zip: Greeley, CO 80631 Phone: (303) 834-2851 Phone: (970)353-0635 extension 2240 Pace 3 of 4 Town of Pierce Agreement for the Sampling and Analysis of Pollutant Discharge Signed this -i tR day of <i anuary , 19 96 BY: �'j� COUNTY OF WELD, STATE OF COLORADO BY Iqrstsnl"SY EM" AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY ON BEHALF OF THE WELD COUNTY HEALTH TITLE OF AUTHORITY: DEPARTMENT, BY: /�/�Yi�.A' /Chair Hl&tegl (N/4/9O iayor Count Clerk to the Town of Piorcc V ru (co' i4 ,1/2' ro‘ c to the Board Approved by: WELD COUNTY HEALTH DEPARTMENT Centin John S. Pickle, M.S.E.H. Director Weld County Health Department Page 4 of 4 Hello