HomeMy WebLinkAbout981688.tiff AGREEMENT FOR THE SAMPLING AND ANALYSIS OF DRINKING WATER
BY THE WELD COUNTY HEALTH DEPARTMENT
THIS AGREEMENT is made and entered into this 3 / day of j a Iv , 1998,
by and between the NORTH FRONT RANGE WATER QUALITY PLANNING
ASSOCIATION (the "Association"), and the County of Weld, State of Colorado, by and through
the Board of County Commissioners on behalf of the Weld County Health Department
("WCHD").
BACKGROUND INFORMATION
A. 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;
B. The Association desires to have certain wells sampled for analysis, and the
Association wishes to participate in the sampling of said wells.
C. WCHD possesses the necessary equipment and expertise required to perform the
sampling and analysis of the drinking water for the Association as required by federal law, and
WCHD is willing to permit Association to participate in the sampling of said wells, as
hereinafter set forth below.
D. The services provided by the WCHD pursuant to this Agreement shall benefit the
health, safety, and welfare of those persons residing within the area served by the Association.
F. The parties wish to reduce their Agreement to writing.
NOW THEREFORE, in consideration of mutual promises and covenants contained herein, the
parties hereto agree as follows:
AGREEMENT
1. Recitals. The above set forth recitals are hereby incorporated herein by reference.
2. Term. This Agreement shall become effective upon signing by all parties, and
shall remain in full force and effect until the terms and conditions set forth in this Agreement are
completed, or for 60 days after the effective date, whichever sooner occurs.
3. Association Responsibilities.
a. The Association manager will select specific wells from a list of
approximately 120 wells compiled by the parties from previous studies for
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use in this project. From these 120 wells, not more than 100 wells will be
selected to be sampled for analysis.
b. The Association will provide a specifically designated employee from the
Association("Association's employee")to work with WCHD to follow up
with the well owners for access to the wells, after the initial information
and consent forms have been mailed to the well owners as hereinafter
provided. The parties agree that the specifically designated Association's
employee will continue to work with WCHD on the subject matter of this
Agreement through its completion.
c. The Association's employee will be responsible for the field collection of
the water samples, although the WCHD will oversee the field collection
process. The parties specifically agree that no water samples shall be
collected from any well without first obtaining the well owner's
permission, and any water sample obtained by the Association's employee
without first obtaining the well owner's permission is not authorized or
permitted by WCHD.
d. Association's employee will field check the sample sites for geographic
and geologic settings. A physical inspection of the well head will be
completed at the time of sampling to assure that the sample is not
contaminated from surface water and that it will be representative of the
ground water quality.
e. The Association's employee will be responsible for dissemination of
results to property owners. However, WCHD will assist in such
dissemination.
5. WCHD's Responsibilities.
a. WCHD will work with Association to research files for past well location,
and owner information and compile a list of this information. WCHD will
also send out letters of intent and consent forms to the owners of the
chosen wells.
b. WCHD will oversee the field collection of water samples by the
Association's employee.
c. Water samples will be submitted to the WCHD lab for analysis. The
analysis will include a series of tests for the following: pH,Nitrate, and
Total Dissolved Solids. The methods used by the WCHD in providing
said services shall be in accordance with the applicable provisions of
Weld County Ordinance#60B. By signing this Agreement and providing
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the services set forth herein, WCHD does not insure the accuracy of the
results of any tests performed by WCHD, and does not make any
representations as to the adequacy of Association's compliance with
federal or state law governing the sampling of drinking water.
d. The laboratory analysis will be supplied to the Association manager on a
standard laboratory report form. WCHD agrees to assist the Association
employee with the dissemination of results of the analyses to the
appropriate well owners. However,the Association's employee shall be
responsible for dissemination of said results.
6. Cost and Payment for Services. The total cost for handling and analysis of each
water sample, not to exceed 100 samples, shall be $10.00 per sample. When the analyses have
been completed, WCHD shall present a billing statement to the Association for the total amount
due and owing for WCHD's performance pursuant to the terms and conditions under this
Agreement. The Association shall pay for the services rendered by the WCHD within 10 days
after the billing date for such services.
7. Parties' Relationship. The parties to this Agreement intend that the relationship
between them contemplated by this Agreement is that of independent entities working in mutual
cooperation. No employee, agent, or servant of one party shall be or shall be deemed to be an
employee, agent, or servant of the other party to this Agreement.
8. Termination. Either party may terminate this Agreement upon 3 days written
notice to the other party at the addresses set forth below. If this Agreement is so terminated,
Association shall pay that compensation to WCHD which duly reflects the actual amount of
compensation due and owing for services previously rendered to Association.
9. Release and Hold Harmless. Association agrees to release and hold harmless
WCHD 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.
10. Waiver of Immunities. 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.
11. Notices, Any notice provided for in this Agreement shall be in writing and shall
be served by personal delivery or by certified mail, return receipt requested,postage prepaid, or
served by facsimile with confirmation of receipt, at the addresses or fax numbers set forth in this
Agreement, until such time as written notice of a change is received from the party wishing to
make a change of address. Any notice so mailed and any notice served by personal delivery or
by facsimile shall be deemed delivered and effective upon receipt or upon attempted personal
delivery.
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ASSOCIATION: North Front Range Water Quality
Planning Association
Dave DuBois
500 E. 3rd
Loveland, Colorado 80537
FAX # 970-962-2913
WCHD: Weld County Health Department
Connie O'Neill
1517 16th Avenue Court
Greeley, Colorado 80631
FAX# 970-356-4966
12, Non-Appropriation. No portion of this Agreement shall be deemed to create an
obligation on the part of Weld County or WCHD to expend funds not otherwise appropriated
during the term of this Agreement.
13. Incorporation of Laws. This Agreement is expressly made subject to all laws and
regulations of the United States and the State of Colorado applicable to the subject matter of this
Agreement. Contractual provisions required by such laws and regulations, but not having been
set out herein, are hereby incorporated by this reference as though expressly set out in full. All
parties to this agreement are hereby put on notice, and charged with the responsibility of
compliance with such contract provisions as required by law.
14. Severability. If any section, subsection,paragraph, sentence, clause, or phrase of
this 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.
15. No Third Party Beneficiary Enforcement. It is expressly understood and agreed
that enforcement of the terms and conditions of this Agreement, and all rights of action relating
to such enforcement shall be strictly reserved to the undersigned parties, and nothing contained
in this Agreement shall give or allow any claim or right of action whatsoever by any other person
not included in this Agreement. It is the express intention of the undersigned parties that any
entity other than the undersigned parties receiving services or benefits under this Agreement
shall be deemed an incidental beneficiary only.
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IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of
the day, month, and year first above written.
NORTH FRONT RANGE
WATER QUALITY PLANNING ASSOCIATION
Gcfi2r /rtir-c.
BY:
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BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
uG Approved B •
BY: Constar er (09 :9/98)
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ATTEST: o nt le a . :p. •� Jo . Pickle, M.S.E.H., Director
� eld County Health Department
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BY: Deputy Clerk to the ::. . '' 0>4
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