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HomeMy WebLinkAbout970816.tiffCOLORADO mEmoRAnuum To George Baxter Board of County Commissioners From Date April 23,1997:'. Subject John S. Pickle, M.S.E.H., Director, W.C.H. Sampling and Analysis of Drinking Water Agreement 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 Monfort, Inc. Town of Kersey All contracted fees are in accordance with the fees established in County Ordinance No.: 82-T 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 q//q7 61/2D4613 970816 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 t ,/4t day of , 19y) , by and between TOWN OF MILLIKEN , 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 60631, 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 e51. WHEREAS, system supplies I9 13U 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 June 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 Town of Milliken Agreement for the Sampling and Analysis of Drinking Water Section 3 - Services to be Provided by Health Departme t: 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 Routine Samples - Collected $17.00 each (Total Coliform) (two per month minimum) Resample As Requested $22.50 each Confirmation As Required $15.00 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 - 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. Sec*'on 6 Obligations and Di ties of Sys: 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 Town of Milliken 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 c�l_� Entity: Weld County Health Department y'z Contact Person: Dad—Pre.iimm J.k.&A kdContact Person: Connie O'Neill Address: 1517 16th Avenue Court City, State, Zip: Milliken, CO 80543 City, State, Zip: Greeley, CO 80631 Phone: (970)353-0635 extension 2240 Address: P.O. Box 290 Phone: (970)587-4331 BY: TITLE OF AUTHORITY: , 19 91. 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: / Chai ATTE BY erk to the epu y let... . he Board Approved by: WELD COUNTY HEALTH DEPARTMENT J�•. S. Pickle, R.S., M.S.E.H. irector Weld County Health Department Page 3 of 3 DRINKING WATER AGREEMENT FOR THE SAMPLING AND ANALYSIS OF DRINKING WATER BY THE WELD COUNTY HEALTH DEPARTMENT HIS AGREEMENT is made and entered into this /17" day of /�PX/'�'� i� 19 by between MONFORT, INC. whose addressis Uilk M�� , 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, system supplies 7 et() 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. 60-8, 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, 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 Monfort of Colorado, Packing Division Agreement for the Sampling and Analysis of Drinking Water 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) (two per month - minimum) Contracted Number of Samples Contracted Fee Re sample Routine Sample $17.00 each As Requested $22.50 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 1(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, except for any claims by System for personal injury or property damage caused by the negligent act or omission of Health Department personnel while on Systems premises. 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 Monfort of Colorado, Packing Division 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: Monfort, Inc. Contact Person: Mark Smith Address: P. O. Box 2600 City, State, Zip: Greeley, CO 80632 Phone: (970) 351-0800 extension 7376 Signed this BY: 11/1 I1- (0' day of SYSTEM" TITLE OF AUTHORITY: (1440iy 1- ttai�Ct /PLC k 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. 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: Chair ATTEST: BY: (tea, 97) to the Deputy '%' �_•� �y-�✓' oard Approved by: WELD COUNTY HEALTH DEPARTMENT n S. Pickle, R.S., M.S.E.H. irector Weld County Health Department Page 3 of 3 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 °/.2t day of fl 19 77, by and between TOWN OF KERSEY 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, 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, 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 Kersey, Town of Agreement for the Sampling and Analysis of Drinking Water 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: Tyne of Test Bacteriological (Total Coliform) (two per month minimum) Contracted Number of Samples Contracted Fee Routine Samples $17.00 each Resample Confirmation As Requested $22.50 each As Required $15.00 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 - 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 Kersey, Town of 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 Kersey Contact Person: David Marsa Address: P.O. Box 67 City, State, Zip: Kersey, CO 80644 Phone: (970)353-1681 BY: Signet this day of 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 Out , COUNTY OF WELD, STATE OF COLORADO BY "SYSTEM" AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY ON TITLE OF AUTHORITY: BEHALF OF THE WELD COUNTY HEALTH DEPARTMENT BY: 2 Chai ATTEClerk to the Approved by: the Board WELD COUNTY HEALTH DEPARTMENT S. Pickle, R.S., M.S.E.H. Director Weld County Health Department Page 3 of 3 Hello