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Home My WebLink About951087.tiffCOLORADO mEmoRAnuum_ . W.H. Webster t,LER'c To Board of County Commissioners Date May 11, ]�4�35'r'- .y From John S. Pickle, M.S.E.H., Director, W.C.H. Subject: Sampling and Analysis of Drinking Water greement Enclosed for Board approval are Purchase of Services Agreements for the sampling and analysis of drinking water between the Weld County Health Department and the following: * Town of Milliken * Central Weld County Water District All contracted fees are in accordance with the fees established in County Ordinance No.: 82-M. All contracts are in the same format as 1994 contracts. The term of the agreement shall be from January 1, 1995, through December 31, 1995. I recommend approval of these contracts. If you have any questions, please feel free to contact me. JSP/cs OS C) )(po8 951087 DRINKING WATER AGREEMENT FOR THE SAMPLING AND ANALYSIS OF DRINKING WATER BY THE WELD COUNTY HEALTH DEPARTMENT THIS AGREEMENT is made and entered into this 2.47i day of 19475', by and between TOWN OF MILLIKEN , whose addre s 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." W1TNESSETH: 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, system supplies ) persons with drinking water, and WHEREAS, Health Department possesses the necessary equipment and expertise required to perform the sampling and analysis of the drinking water for System as required by federal law, and WHEREAS, the services provided by Health Department pursuant to this Agreement Shall benefit the health, safety, and welfare of those persons residing within the area served by System. NOW, THEREFORE, in consideration of mutual promises and covenants contained herein, the parties hereto agree as follows: ' Section 1 - Authorization to Act: The System hereby authorizes Health Department to perform the services listed in this Agreement and in Weld County Ordinance No. 60-B, for the testing of Drinking Water on behalf of System. The provisions of Weld County Ordinance No. 60-B are incorporated herein in their entirety. Health Department shall act as an independent contractor in relation to the System in the performance of services set forth in this Agreement. None of the Health Department employees and/or agents shall become employees of System, and no employees of System shall be deemed or become employees of the Health Department by virtue of this Agreement. Section 2 - Term: This Agreement shall become effective on January 1, 1995, and shall remain in full force and effective until December 31, 1995, unless and until otherwise terminated sooner, pursuant to the provisions of Section 5 below. 951087 Agreement for the Sampling and Analysis of Drinking Water Section 3 agrees to Agreement: - Services to be Provided by Health Department: Health Department provide the following services to System during the term of this Type of Test Contracted Number of Samples Bacteriological (Total Coliform) Routine Samples (two per month minimum) Contracted Fee 6.50 each w/sample delivered Resample As Requested 6.50 each w/sample delivered Confirmation As Required - 6.50 each w/sample delivered Note: If multiple resamples are taken on the same day, at the same location - the first sample is $22.50, each additional sample is $6.50. Methods used by Health Department in providing said services shall be in accordance with Section I(b) of the Weld County Ordinance No. 60-B. Health Department shall provide further services as mutually agreed upon by Health Department and System at times and for compensation as agreed to by the parties hereto. By signing this Agreement and providing the services herein, Health Department does not insure the accuracy of the results of any tests performed by Health Department and does not make any representations as to the adequacy of Systems compliance with federal or state law governing the sampling of drinking water. Section 4 - Release and Hold Harmless: The System agrees to release and hold harmless Health Department from any and all liability and/or damages resulting from the acts or omissions of Health Department in performing the services set forth in this Agreement. Section 5 - Termination: Either party may terminate this Agreement upon 30 days written notice to the other party at the addresses set forth below. Section 6 - Obligations and Duties of System: System shall perform all of the obligations and duties set forth in Section II(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, 1995. 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. 951087 .JviU✓O / Agreement for the Sampling and Analysis 'of Drinking Water 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, subsections, 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 Milliken Entity: Weld County Health Department Contact Person: Connie O'Neill Address: 1517 16th Avenue Court City, State, Zip: Milliken, CO 80543 City, State, Zip: Greeley, CO 80631 Phone: (303)353-0635 extension 2240 Contact Person: David Address: P.O. Box 290 Fraizer Phone: (303)587-4331 Signed this day of /1/ eC/1 , 1995-. 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 DEPARTMENT TITLE OF AUTHORITY: BY: Chairman ATTEST: Weld BY: Deputy Cl j k to the Bo Approved by: WELD COUNTY HEALTH DEPARTMENT S. Pickle, M.S.E.H. rector Weld County Health Department 951087 DRINKING WATER AGREEMENT FOR THE SAMPLING AND ANALYSIS OF DRINKING WATER BY THE WELD COUNTY HEALTH DEPARTMENT THIS AGREEMENT is made and entered into this 16th day of March , 19 95 , by and between CENTRAL WELD COUNTY WATER DISTRICT , whose address is Central Weld County Water District , 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 90631, 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 approximate WHEREAS, system supplies 5,736 persons with drinking water, and WHEREAS, Health Department possesses the necessary equipment and expertise required to perform the sampling and analysis of the drinking water for System as required by federal law, and WHEREAS, the services provided by Health Department pursuant to this Agreement shall benefit the health, safety, and welfare of those persons residing within the area served by System. NOW, THEREFORE, in consideration of mutual promises and covenants contained herein, the parties hereto agree as follows: Section 1 - Authorization to Act: The System hereby authorizes Health Department to perform the services listed in this Agreement and in Weld County Ordinance No. 60-B, for the testing of Drinking Water on behalf of System. The provisions of Weld County Ordinance No. 60-B are incorporated herein in their entirety. Health Department shall act as an independent contractor in relation to the System in the performance of services set forth in this Agreement. None of the Health Department employees and/or agents shall become employees of System, and no employees of System shall be deemed or become employees of the Health Department by virtue of this Agreement. Section 2 - Term: This Agreement shall become effective on January 1, 1995, and Page 1 of 4 951087 Central Weld County Water District Agreement for the Sampling and Analysis of Drinking Water shall remain in full force and effective until December 31, 1995, unless and until otherwise terminated sooner, pursuant to the provisions of Section 5 below.Section 3 - Services to be Provided by Health Department: Health Department agrees to provide the following services to System during the term of this Agreement: Type of Test Bacteriological (Total Coliform) Bacteriological (Total Coliform) Res ample Resample Confirmation Lead Analysis Copper Analysis Contracted Number of Samples Contracted Fee Routine Sample $15.00 each Request Collected As Submitted As Submitted Request Collection As Required As Submitted As Submitted $ 6.50 each $ 6.50 each $22.50 each $15.00 each $ 5.00 each $ 5.00 each Note: If multiple resamples are taken on the same day, at the same location - the first sample is $22.50, each additional sample is $6.50. Methods used by Health Department in providing said services shall be in accordance with Section I(b) of the Weld County Ordinance No. 60-B. Health Department shall provide further services as mutually agreed upon by Health Department and System at times and for compensation as agreed to by the parties hereto. By signing this Agreement and providing the services herein, Health Department does not insure the accuracy of the results of any tests performed by Health Department and does not make any representations as to the adequacy of Systems compliance with federal or state law governing the sampling of drinking water. Section 4 harmless from the forth in - Release and Hold Harmless: The System agrees to release and hold Health Department from any and all liability and/or damages resulting acts or omissions of Health Department in performing the services set this Agreement. Page 2 of 4 951087 Central Weld County Water District Agreement for the Sampling and Analysis of Drinking Water 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, 1994. 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, subsections, 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: Central Weld County Water Dist Contact Person: John Zadel Address: 2235 2nd Avenue City, State, Zip: Greeley, CO Phone: (303) 352-1284 Entity: Weld County Health Department Contact Person: Connie O'Neill Address: 1517 16th Avenue Court 80631 City, State, Zip: Greeley, CO 80631 Phone: (303)353-0635 extension 2240 Page 3 of 4 951087 Central Weld County Water District Agreement for the Sampling and Analysis of Drinking Water TITLE OF AUTHORITY: 4p -LLB' 7714 PLA-f-ez7.1 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 DEPARTMENT BY: Chairman ATTEST: Weld unt r II BY: 31 OA-,_, Deputy Clto the Board Approved by: WELD COUNTY HEALTH DEPARTMENT „d:/a b. Pickle, M.S.E.H. rector Weld County Health Department Page 4 of.4 TOTAL P.01 951087 Hello