The URL can be used to link to this page

Browse Search

Home My WebLink About970331.tiff9RA COLORADO mEmoRAnuum George Baxter To Board of County Commissioners From Subject: Date January 20, 1997 John S. Pickle, M.S.E.H., Director, W.C.H.D. QamnlinQ And analvnin of Pnllnfanf niarhnrro kg 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 JOHNSTOWN WELD COUNTY SCHOOL DISTRICT RE -3J IDAHO CREEK GRAVEL GREELEY WASHOUT ROGGEN DISPOSAL ROGGEN DISPOSAL INC., NORTHERN COLORADO BRINE BEST -WAY PAVING COMPANY BUCKLEN EQUIPMENT COMPANY INC. M M SAND AND GRAVEL CITY OF LONGMONT - UNION RESERVOIR All contracted fees are in accordance with the fees established in County Ordinance No.: 82-R All contracts are in the same format as 1996 contracts. The term of the agreement shall be from January 1, 1997, through December 31, 1997. I recommend approval of these contracts. If you have any questions, please feel free to contact me. JSP/kl 970331 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 13th day of December 19 96, by and between the TOWN OF JOHNSTOWN whose address is 101 C'har1ottp St , 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, 1997, and shall remain in full force and effective until December 31, 1997, unless and until otherwise terminated sooner, pursuant to the provisions of Section 5 below. Page 1 of 3 270'71 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 - TSS Effluent - BOD - TSS - Fecal Coliform - Ammonia - pH - Dissolved Oxygen - Temperature .70 each $ 6.00 each $12.70 each $ 6.00 each $22.30 each $ 9.50 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, 1997. 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 97©"231 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 Contact Person: Lonnie Kruise Address: P. O. Box 609 City, State, Zip: Phone: (970) 587-4664 Signed this 13th day of December BY: Town Of Johnstown "SYSTEM" TITLE OF AUTHORITY: //w Mayor Entity: Weld County Health Department Contact Person: Connie O'Neill Address: 1517 16th Avenue Court Johnstown, CO 80534 City, State, Zip: Greeley, CO 80631 Phone: (970)353-0635 extension 2240 , 19 95 . COUNTY OF WELD, STATE OF COLORADO BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY ON BEHALF OF THE WELD COUNTY HEALTH DEPARTMENT ATTEST: Weld Bo BY: / Deputy C Approved by: WELD COUNTY HEALTH DEPARTMENT / is • e • o the John S. Pickle, R.S., M.S.E.H. Director Weld County Health Department Page 3 of 3 27&'$1 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 16th day of December 1996 , by and between the WELD COUNTY SCHOOL DISTRICT RE -3J , whose address is PO Box 269, Keenesburg, 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, 1997, and shall remain in full force and effective until December 31, 1997, unless and until otherwise terminated sooner, pursuant to the provisions of Section 5 below. Page 1 of 3 970231 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 TSS One per month Effluent - BOD One per month - TSS One per month Fecal Coliform One per month $12.70 each $ 6.00 each $12.70 each $ 6.00 each $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, 1997. 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 2707.r1. ?1 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 Contact Person: Dennis Disario Address: P. O. Box 269 City, State, Zip:Keenesbura, CO 80643 Phone: (fl11) 732-4844 303 Entity: Weld County Health Department Contact Person: Connie O'Neill Address: 1517 16th Avenue Court City, State, Zip: Greeley, CO 80631 Phone: (970)353-0635 extension 2240 Signed this 16th day of December , 19 96 . BY: Weld County Re -3(J) "SYSTEM" TITLE OF AUTHORITY: Dennis Disario, Supt. COUNTY OF WELD, STATE OF COLORADO BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY ON BEHALF OF THE WELD COUNTY HEALTH DEPARTMEN ATTEST: BY eputy C Approved by: 1/20/97 Cduli-tp-:Cle ,, !tL? h, B. o the WELD COUNTY HEALTH DEPARTMENT 4-44 1 John S. Pickle, R.S., M.S.E.H. Director Weld County Health Department Page 3 of 3 270,211 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 /4th- day of "C4Ekmbkgl- 19,74 , by and between the IDAHO CREEK GRAVEL , whose address is Vag WgAd Co r P.d 5 {1,icr mew} �' ' t cq , hereinafter referred to as "System," and the County of Weld, dtate 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, 1997, and shall remain in full force and effective until December 31, 1997, 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 Effluent Contracted Number of Samples Contracted Fee pH Monthly as requested $ 1.25 each Chemical Oil & Grease $36.75 " Visual Oil & Grease $ 1.25 " Total Suspended Solids $ 6.00 " Gamph,g9 G-gg S' :i5.D01hcUp- 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, 1997. 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 Contact Person: Bill Kobobel Address: 7909 Weld County Road 5 City, State, Zip: Longmont, CO 80504 Phone: (303) 772-6916 / (303) 530-1539 Signed this �/((/- day of BY: "SYSTEM" TITLE OF AUTHORITY: Entity: Weld County Health Department Contact Person: Connie O'Neill Address: 1517 16th Avenue Court City, State, Zip: Greeley, CO 80631 Phone: (970)353-0635 extension 2240 1997 . COUNTY OF WELD, STATE OF COLORADO BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY ON BEHALF OF THE WELD COUNTY HEALTH DEPARTME Approved by: WELD COUNTY HEALTH DEPARTMENT John S. Pickle, R.S., M.S.E.H. Director Weld County Health Department Page 3 of 3 9707.771 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 19 en , by and between the GREELEY WASHOUT whose a dress 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. ,S,ection 2 - Term: This Agreement shall become effective on January 1, 1997, and shall remain in full force and effective until December 31, 1997, unless and until otherwise terminated sooner, pursuant to the provisions of Section 5 below. Page 1 of 4 970 "" 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 Monitor Well TDS Ammonia pH Chlorides Nitrate Oil & Grease (Visual) Fecal Coliform Contracted Number of Samples Contracted Fee Quarterly Effluent Ouarterly as submitted BOD TSS Oil & Grease (Visual) Ammonia pH Fecal Coliform $ 6.00 each $ 9.50 each $ 1.25 each $ 7.40 each $ 6.40 each $ 1.25 each $22.30 each $12.70 each $ 6.00 each $ 1.25 each $ 9.50 each $ 1.25 each $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 4 970" 1 Greeley Washout Agreementfor 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, 1997. 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. Contact Person: Ed Dugan Address: P. O. Box 304 City, State, Zip: Windsor. CO Phone: (970) 686-7403 Entity: Weld County Health Department Contact Person: Connie O'Neill Address: 1517 16th Avenue Court 80550 City, State, Zip: Greeley. CO 80631 Phone: (970)353-0635 extension 2240 Page 3 of 4 97©7 1 Greeley Washout Agreement for the Sampling and Analysis of Pollutant Discharge Signed this 026 day of BY: "SYSTEM" TITLE OF AUTHORITY: Or . , 1994 . COUNTY OF WELD, STATE OF COLORADO BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY ON BEHALF OF THE WELD COUNTY HEALTH DEPARTME BY Chai ATTEST: BY: Deputy Clerk Approved by: WELD COUNTY HEALTH DEPARTMENT ao/g 7 John S. Pickle, R.S., 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 n THIS AGREEMENT is made and entered into this D day of , 19 611, by and between the ROGGEN DISPOSAL whose dress 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, 1997, and shall remain in full force and effective until December 31, 1997, unless and until otherwise terminated sooner, pursuant to the provisions of Section 5 below. Page 1 of 4 970331 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 PH Iron Sodium Chloride Potassium Calcium Total Hardness Magnesium Total Alkalinity $ 6.00 each $ 1.25 each $ 5.00 each $ 5.00 each $ 7.40 each $ 5.00 each $ 7.40 each $ 5.20 each $ 1.10 each $ 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, 1997. Page 2 of 4 970331 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 Contact Person: Mike Cervi Address: P. O. Box 169 City, State, Zip: Sterling, CO 80751 Phone: (970) 830-7156 Entity: Weld County Health Department Contact Person: Connie O'Neill Address: 1517 16th Avenue Court City, State, Zip: Greeley, CO 80631 Phone: (970)353-0635 extension 2240 Page 3 of 4 970331 1 Roggen Disposal Agreement for the Sampling and Analysis of Pollutant Discharge Signed this,. -2.1) day of BY: 11/AKA--..k_ - -_ "SYSTEMi TITLE OF AUTHORITY: , 19 16 COUNTY OF WELD, STATE OF COLORADO BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY ON BEHALF OF THE WELD COUNTY HEALTH DEPARTMEN ATTEST. Weld Boar Approved by: WELD COUNTY HEALTH DEPARTMENT John S. Pickle, R.S., M.S.E.H. Director Weld County Health Department Page 4 of 4 970331 POLLUTANT DISCHARGE AGREEMENT FOR THE SAMPLING AND ANALYSIS OF POLLUTANT DISCHARGE BY THE WELD COUNTY HEALTH DEPARTMENT /iHIS AGREEMENT is made and entered into this , 04day of 19 "/�, by and between the ROGGEN DISPOSAL INC., NORTHERN COLO O 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, 1997, and shall remain in full force and effective until December 31, 1997, unless and until otherwise terminated sooner, pursuant to the provisions of Section 5 below. Page 1 of 4 970331 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 Monitor Well TDS pH Iron Sodium Chloride Potassium Calcium Total Hardness Magnesium Total Alkalinity Contracted Number of Samples Contracted Fee Quarterly $ 6.00 each $ 1.25 each $ 5.00 each $ 5.00 each $ 7.40 each $ 5.00 each $ 7.40 each $ 5.20 each $ 1.10 each $ 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, 1997. Page 2 of 4 970331 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:Roctaen Disp Inc./N. Colo. Brine Contact Person: Mike Cervi Address: P. O. Box 169 City, State, Zip: Sterling, CO 80751 Phone: (970) 830-7156 Entity: Weld County Health Department Contact Person: Connie O'Neill Address: 1517 16th Avenue Court City, State, Zip: Greeley, CO 80631 Phone: (970)353-0635 extension 2240 Page 3 of 4 970331 Roggen Disposal Inc., Northern Colorado Brine Agreement for the Sampling and Analysis of Pollutant Discharge 4ISSigned this L day of BY: "SYSTEM" TITLE OF AUTHORITY: , 19 ( . COUNTY OF WELD, STATE OF COLORADO BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY ON BEHALF OF THE WELD COUNTY HEALTH DEPARTMEN Approved by: WELD COUNTY HEALTH DEPARTMENT John S. Pickle, R.S., M.S.E.H. Director Weld County Health Department Page 4 of 4 ina- 9'0331 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 1947 , by and between the BEST -WAY PAVING COMPANY , whose ddress 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, 1997, and shall remain in full force and effective until December 31, 1997, unless and until otherwise terminated sooner, pursuant to the provisions of Section 5 below. 970331 Page 1 of 3 Best -Way Paving Company 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 Total Suspended Solids Visual Oil & Grease As Requested It $1.25 each $6.00 $1.25 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 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, 1997. 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 Page 2 of 3 970331 Best -Way Paving Company Agreement for the Sampling and Analysis of Pollutant Discharge declared to be unconstitutional or invalid. Section 9 - Notices: All notices to the parties shall be sent to the following: Entity: Weld County Health Department Contact Person:_ Connie O'Neill Address: 1517 16th Avenue Court City, State, Zip: Greeley, CO 80631 Phone: (970)353-0635 extension 2240 Entity: Best -Way Paving Company Contact Person: Ri • Meyer Address: P. O. Box 3189 City, State, Zip: Greeley, CO 80633 Phone: (970) 353-1654 Signed this c.74' day of 'G/dc'.oznd/" , 19 1 4. BY: /cf-s/ .4)�-y "SYSTi M" TITLE OF AUTHORITY: C/€40-2-ne. COUNTY OF WELD, STATE OF COLORADO BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY ON BEHALF OF THE WELD COUNTY HEALTH DEPARTMEN BY: Chair ATTEST: Weld Co �Bo4 l Il BY: eputy Cle1c :_;,()/ ao/q1 ty Clerk` the Approved by: WELD COUNTY HEALTH DEPARTMENT cat 1 John S. Pickle, R.S., M.S.E.H. Director Weld County Health Department Page 3 of 3 9'70331 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 19 day of 04,0_ , 19947, by and between the BUCKLEN EOUIPMENT COMPANY INC. , whose address is S05( Wt' -TM cr.I.6 A o — , 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, 1997, and shall remain in full force and effective until December 31, 1997, unless and until otherwise terminated sooner, pursuant to the provisions of Section 5 below. 970331 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 Effluent pH Total Suspended Solids Oil & Grease (Visual) Contracted Number of Samples Contracted Fee As requested 11 $ 1.25 each $ 6.00 each $ 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, 1997. Section 7 - Waiver of Immun'tjes/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 970331 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. Contact Person: Susan Bucklen Address: 804 North 25th Avenue City, State, Zip: Greeley. CO 80631 Phone: (970) 353-0720 Entity: Weld County Health Department Contact Person: Connie O'Neill Address: 1517 16th Avenue Court City, State, Zip: Greeley. CO 80631 Phone: (970)353-0635 extension 2240 Signed this /C1 day of O4? BY:. tc _— £ k `_.— "SYSTEM" 6,0: 4 —Lem, P.gct,/1rne'�:l (t :i1C, TITLE OF AUTHORITY: , 19 9k . COUNTY OF WELD, STATE OF COLORADO BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY ON BEHALF OF THE WELD COUNTY HEALTH DEPARTMEN BY: /LkQt /Chai ATO ST: We eputy BY: 01/do197 rktci: he: -%Boa to the Approved by: WELD COUNTY HEALTH DEPARTMENT 17` Lze John S. Pickle, R.S., M.S.E.H. Director Weld County Health Department Page 3 of 3 970331 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 , 1996 by and between the M&M SAND AND GRAVEL , whose address is PO Box AA, 1431 E 16th St.; Greeley, CO , 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, 1997, and shall remain in full force and effective until December 31, 1997, unless and until otherwise terminated sooner, pursuant to the provisions of Section 5 below. Page 1 of 3 970331 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 Effluent pH Chemical Oil & Grease Visual Oil & Grease Total Suspended Solids Contracted Number of Samples Contracted Fee As delivered $ 1.25 each $36.75 " $ 1.25 " $ 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, 1997. 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 970331 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 Contact Person: Mike Miller Address: 1933 East 16th Street City, State, Zip: Greeley. CO 80631 Phone: (970) 353-1529 Signed this 20th day of December BY: 1� J (�l AAA u^L "SYSTEM" TITLE OF AUTHORITY: Entity: Weld County Health Department Contact Person: Connie O'Neill Address: 1517 16th Avenue Court City, State, Zip: Greeley, CO 80631 Phone: (970)353-0635 extension 2240 , 19 96 . 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 Approved by: WELD COUNTY HEALTH DEPARTMENT John S. Pickle, R.S., M.S.E.H. Director Weld County Health Department Page 3 of 3 970331 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 ivyr2 , 19 9'7, by and between the CITY OF LONGMONT - UNION RESERVOIR , whose address is {yZ;,Tam....0 $O3O/ , hereinafter referred to as "System," �yh' cd 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, 1997, and shall remain in full force and effective until itthDecember 31,s 1997, Section 97, unl5 s and until otherwise terminated sooner, pursuant to Page 1 of 3 970331 City of Longmont - Union Reservoir 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 Bacteriological Five per month (May through $22.30 each (Fecal Coliform) September) 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, Systemshall 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, 1997. 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 970331 City of Longmont - Union Reservoir 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 se e ces, of he fa t that any may be more sections, subsection, paragraphs, declared to be unconstitutional or invalid. Section 9 - Notices: All notices to the parties shall be sent to the following: Entity: C t of Longmont Pa rks Divs._ Contact Person: Gene Kra^i^g — Address: 747 Coffman Street City, State, Zip: Longmont, CO 80501 Phone: (303) 651-8446 Signed this / 'day of BY: C,%y 7 "SYSTEM" TITLE OF AUTHORITY: 7:462 ,C,707 Entity: Weld County Health Department Contact Person: Connie O'Neill Address: 1517 16th Avenue Court City, State, Zip: Greeley, CO 80631 Phone: (970)353-0635 extension 2240 19g_z COUNTY OF WELD, STATE OF COLORADO BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY ON BEHALF OF THE WELD COUNTY HEALTH DEPARTMEN BY: Chair ATTEST: Weld oa BY: eputy Cle Approved by: WELD COUNTY HEALTH DEPARTMENT c1`erk td 7 John S. Pickle, R.S., M.S.E.H. Director Weld County Health Department Page 3 of 3 970331 Hello