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Home My WebLink About992554.tiff ' THE TOWN OF NUNN, COLORADO Office of Clerk and Treasurer y'ATCF1 • NUNN 185 Lincoln Avenue, P.O. Box 171 GROW 4 Nunn, Colorado 80648 Phone: 970-897-2385 Fax: 970-897-2540 Y {{ 6 4R 1, � � l i October 22,1999 Board of County Commissioners Weld County In regard to the poultry processing facility proposed by Stan and Lori Waddell, who reside at 1892 WCR 100, Nunn, Co. 80648, the Town of Nunn has agreed to sell them the water needed to operate this facility as long as this venture is in operation. The quantity shall not exceed the maximum production proposed by Mr. and Mrs. Waddell of 300 birds per week at approximately 5 gallons per bird. If more water is needed in the future the Town of Nunn is willing to consider an additional proposal. Sincerely, Mayor Duane Bayne Trustee Bill La Grange LEXHIBIT gqssq 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 ,70 day of CC Y e A e f , 19 ?p, by and between STANLEY WADDELL whose address is 18920 Weld County Road 100,Nunn, Colorado 80611 , 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 Department of Public Health and Environment, whose office is located at 1555 North 17th Avenue, 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 Y pp �or rcccc:np c,'/. CV WHEREAS, system su li s -J with drinking watef, 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 tot 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 November 1, 1999, and shall remain in full force and effective until December 31, 1999, unless and until otherwise terminated sooner, pursuant to the provisions of Section 5 below. 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: 4 EXHIBIT Page 1 of 3 F US2*I2-y2- Stanley Waddell • Agreement for the Sampling and Analysis of Drinking Water Type of Test Contracted Number of Samples Contracted Fee Bacteriological Routine Samples $21.75 each (Total Coliform) (Quarterly) Resample As Requested $23.25 each Note: If multiple resamples are taken on the same day, at the same location-the first sample is $23.25, each additional sample is $7.25. 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 ©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, 1999. 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 phrases may be declared to be unconstitutional or invalid. Page 2 of 3 Stanley Waddell Agreement for the Sampling and Analysis of Drinking Water Section 9-Notices: All notices to the parties shall be sent to the following: • Entity: Stanley Waddell Entity: Weld County Department of Public Health Contact Person: Stanley Waddell and Environment Address: 18920 Weld County Road 100 Contact Person: Connie O'Neill City, State,Zip: Nunn, Colorado 80611 Address: 1555 North 17th Avenue Phone: (970) 897-2721 City, State, Zip: Greeley, Colorado 80631 Phone: (970) 304-6415 extension 2273 Signed this c,6 day of D c 46-e r 19 . COUNTY OF WELD,STATE OF COLORADO BY AND SY TEM" THROUGH THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY ON BEHALF OF THE WELD COUNTY HEALTH DEPARTMENT TITLE OF AUTHORITY: BY: Choir • ATTEST: Weld County Clerk to the Board BY: . Deputy Clerk to the Board • Approved by: WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT John S. Pickle,R.S., M.S.E.H. Director Weld County Department of Public Health and Environment Re , .,_,.4,..MENI .-' "t„ uuw+lfxrv+'P'^m�ie�f, fl 9 (10) 9 al II .4d a d*c- -----4 I 9A. .i le • /C; e7z / 9 ( 'iC_. EXHIBIT I US� , Hello