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HomeMy WebLinkAbout960253.tiff mEmoRnnDu � ,9 D' c Barbara Kirkmeyer, Chair �t� t!t' v -8 C l 3 Board of County Commissioners January 4, 1996 T°Date CLERK COLORADO John S. Pickle, M.S.E.H. , Director, W. From �{ 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: Weld County School District RE-3J Roggen Disposal Inc./Northern Colorado Brine Greeley Washout Bucklen Equipment Company, Inc. M&M Sand and Gravel Farr Feeders Poudre Tech Aggregates, Inc. 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 960253 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 20th day of December 19 95 , by and between the WELD COUNTY SCHOOL DISTRICT RE-3J , whose address is PO Box 269. Keeneshnrg. CO 80643 , 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. 960253 PAge 1 Of 3 Weld County School Distrist RE-3J 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 One per month $ 6.00 each Effluent - BOD One per month $12.70 each - TSS One per month $ 6.00 each - Fecal Coliform One per month $22.30 each Sampling Fee $35.00/month 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 960253 Weld County School Distrist RE-3J 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: Weld County RE-3J Entity: Weld County Health Department Contact Person: Dennis Disario Contact Person: Connie O'Neill Address: P. O. Box 269 Address: 1517 16th Avenue Court City, State, Zip:Keenesburg, CO 80643 City, State, Zip: Greeley, CO 80631 Phone: (970) 732-4844 Phone: (970)353-0635 extension 2240 303 Signed this 20th day of December , 19 95 . BY: Weld County Re-39J) 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 I BY: h + • Chair . ATTES : Weld County Cler' It o Dennis Disario, Supt. o d C...-+, • BY: iL Deputy Cle to the Board Approved by: WELD COUNTY HEALTH DEPARTMENT 2 • ecle, M.S.E.H. rector eld County Health Department 960253 Page 3 of 3 POLLUTANT DISCHARGE AGREEMENT FOR THE SAMPLING AND ANALYSIS OF POLLUTANT DISCHARGE BY THE WELD COUNTY HEALTH DEPARTMENT .1 7 THIS AGREEMENT is made and entered into this 2- day of PIN. 19 9 c , by and between the ROGGEN DISPOSAL INC., NORTHERN CO BRINE , 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 960253 Roggen Disposal Inc. , Northern Colorado Brine 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 960253 Roggen Disposal Inc. , Northern Colorado Brine 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 Disp Inc./N. Colo. Brine 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 960253 Roggen Disposal Inc. , Northern Colorado Brine Agreement for the Sampling and Analysis of Pollutant Discharge ((\\((\\``''�I�I J� Signed this 2, day of 1/ .r— , 199/6 BY: • hail COUNTY OF WELD, STATE OF COLORADO BY "SYS N" AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY ON BEHALF OF THE WELD COUNTY HEALTH TITLE OF AUTHORITY: DEPARTMENT // /, �� � r BY 4 c4 I Chair it i Y 51 474 ._' ATTES : Weld County ClIgil tJ the r ,. . I ' BY: Deputy Cl to the Board Approved by: WELD COUNTY HEALTH DEPARTMENT Joh!t ' ckle, M.S.E.H. • ector eld County Health Department 960253 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 (Q day of 19 q ci , by and between the GREELEY WASHOUT , whose ddress s , 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. 960253 Page 1 of 4 Greeley Washout 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 Ammonia $ 9.50 each pH $ 1.25 each Chlorides $ 7.40 each Nitrate $ 6.40 each Oil & Grease (Visual) $ 1.25 each Fecal Coliform $22.30 each e `zif? Effluent Quarterly BOD $12.70 each TSS $ 6.00 each Oil & Grease (Visual) $ 1.25 each Ammonia $ 9.50 each pH $ 1.25 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. Page 2 of 4 960253 Greeley Washout 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: Greeley Washout/Ed Duggan Inc. Entity: Weld County Health Department Contact Person: Ed Duggan Contact Person: Connie O'Neill Address: P. O. Box 304 Address: 1517 16th Avenue Court City, State, Zip: Windsor, CO 80550 City, State, Zip: Greeley, CO 80631 Phone: (970) 686-7403 Phone: (970)353-0635 extension 2240 Page 3 of 4 960253 Greeley Washout Agreement for the Sampling and Analysis of Pollutant Discharge Signed this ri& ' day of , 199„ . By:124?egi lL.��'Yk J COUNTY OF WELD,- STATE OF COLORADO BY // 'SYSTEM" AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY ON BEHALF OF THE WELD COUN Y HEALTH TITLE OF AUTHORITY: DEPARTMENT 1 : vL . In. / . Chair rte, r ff ATTEST' Weld County Cle to,*the • BY: Deputy Cle to the Board Approved by: WELD COUNTY HEALTH DEPARTMENT S. Pickle, M.S.E.H. rector Weld County Health Department 960253 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 „ /,- day of /lot_ 196./6-T by and between the BUCRLEN EOUIPMENT COMPANY INC. , whose address is CCy- Al a!i'AI"C' , 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. 960253 Page 1 of 3 Bucklen Equipment Company Inc. 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 As requested $ 1.25 each Total Suspended Solids $ 6.00 each Oil & Grease (Visual) $ 1.25 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. 960253 Page 2 of 3 Bucklen Equipment Company Inc. 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: Bucklen Equipment Company Inc. Entity: Weld County Health Department Contact Person: Susan Bucklen Contact Person: Connie O'Neill Address: 804 North 25th Avenue Address: 1517 16th Avenue Court City, State, Zip: Greeley, CO 80631 City, State, Zip: Greeley, CO 80631 Phone: (970) 353-0720 Phone: (970)353-0635 extension 2240 Signed this (..;1/6, day of fl,,$)01 , 19 BY: i',cr'.r2 -� L42 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: DEPARTM NT ' lgf.Cl/ZL/Lt L / S BY !l Chair ATTES : Weld County Clerk to the o rd BY: Deputy C1 k to the Board Approved by: WELD COUNTY HEALTH DEPARTMENT n r Pickle, M.S.E.H. irector Weld County Health Department 960253 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 ZI day of Pi4:&01tt)C , 19 C , by and between the R&M SAND AND GRAVEL , whose address is Qco ,act. A* ljl6)1O1 , co J)(0 ;). , 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. 960253 Page 1 of 3 M&M Sand and 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 As delivered $ 1.25 each Chemical Oil & Grease $36.75 " Visual Oil & Grease " $ 1.25 " Total Suspended Solids $ 6.00 " 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. 960253 Page 2 of 3 M&M Sand and 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: M&M Sand and Gravel Entity: Weld County Health Department Contact Person: Mike Miller Contact Person: Connie O'Neill Pd�� 'VOK/l Address: P._ 0. Box AA, _ Address: 1517 16th Avenue Court Ibta City, State, Zip: Greeley, CO 80632 . City, State, Zip: Greeley, CO 80631 Phone: (970) 353-1529 Phone: (970)353-0635 extension 2240 Signed this � day of vfrCn ti3( 4- , 19 dir. BY:` L1-t4_ t COUNTY OF WELD, STATE OF COLORADO BY "SYSTEM" AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY ON BEHALF OF THE WELD COUNT HEALTH TITLE OF AUTHORITY: DEPARTMENT I/ BY• i r % (f4, ' °* Chair -r. . 040 '; ATTEST: Weld County Clrkto`the Boa d BY: Deputy Cle to the Board Approved by: WELD COUNTY HEALTH DEPARTMENT 7--4 S. Pi le le,, M.S.E.H. irector Weld County Health Department 960253 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 21.0 day of peilevisoaiRle--, i 19 S by and between the FARR FEEDERS whose address is P.0 40it 030 Renal CO $0w5 , 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. 960253 Page 1 of 3 Farr Feeders 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 pH Monthly - As submitted $ 1.25 each Oil & Grease Chemical $36.75 each Total Suspended Solid Quarterly - As submitted $ 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. 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. 960253 Page 2 4f 3 Farr Feeders 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: Farr Feeders Entity: Weld County Health Department Contact Person: Richard Farr Contact Person: Connie O'Neill Address: P. O. Box 1930 Address: 1517 16th Avenue Court City, State, Zip: Greeley, CO 80632 City, State, Zip: Greeley, CO 80631 Phone: (970) 356-6000 Phone: (970)353-0635 extension 2240 Signed this 7.0 ,d/ay) of Deceit/15E - , 199'5 . BY: A . M A. -/pA_ COUNTY OF WELD, STATE OF COLORADO BY "SYSTEM" l AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY ON BEHALF OF THE WELD COUNT HEALTH TITLE OF AUTHORITY: DEPARTM T t BY: itidttc a,air j �, � ^ CaE�JERAI MP .iA Or- ATTEST' Weld County '1erk t_O the B a d Gi BY: Deputy Clerlj o the Board Approved by: WELD COUNTY HEALTH DEPARTMENT Jo S. Pickle, M.S.E.H. rector eld County Health Department 360253 Page 3 of 3 POLLUTANT DISCHARGE AGREEMENT FOR THE SAMPLING AND ANALYSIS OF POLLUTANT DISCHARGE BY THE WELD COUNTY HEALTH DEPARTMENT IA THIS AGREEMENT is made and entered into this �O day of 19 9,, by and between the POUDRE TECH AGGREGATES, INC. , who2dd 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. 960253 Page 1 of 3 Poudre Tech Aggregates, Inc. 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 pH As Submitted $ 1.25 each Chemical Oil & Grease 36.75 each Visual Oil & Grease 1.25 each Total Suspended Solids 6.00 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. 960253 Page 2 of 3 Poudre Tech Aggregates, Inc. 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: Poudre Tech Agrreeate, Inc. Entity: Weld County Health Department Contact Person: Martin Lind Contact Person: Connie O'Neill Address: 8200 Eastman Park Drive Address: 1517 16th Avenue Court City, State, Zip: Windsor, CO 80632 City, State, Zip: Greeley, CO 80631 Phone: Phone: (970)353-0635 extension 2240 Signed this IV— day C ,fli,& a/ji_ , 19 . BY: COUNTY OF WELD, STATE OF COLORADO BY Y EM" AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY ON BEHALF OF THE WELD COUNTY HEALTH TITLE OF AUTHORITY: DEPARTMENT , I ' J` BY: l.� (.(L'fl,. Chair. o l i:;' G,: ATTES : Weld �County Olerk to the �C ✓G4 r/�Yj%(/ t o BY: 1.( l I i w-c.-e-!., J Deputy Cler o the Board Approved by: llllll WELD COUNTY HEALTH DEPARTMENT Jo S. Pickle, M.S.E.H. rector Weld County Health Department 960253 Page 3 of 3 Hello