HomeMy WebLinkAbout951599.tiffCOLORADO
To
From
mEmoRAnuum
Dale Hall
Board of County Commissioners
Subject:
Date
June 19, 19957'.''"
John S. Pickle, M.S.E.H., Director, W.C.H.
Sampling and Analysis of Drinking Water j:reement
r /
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
Town of Milliken.
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 June 1, 1995, through December 31, 1995.
I recommend approval of these contracts.
If you have any questions, please feel free to contact me.
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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 day of
19 , by and between TOWN OF MILLIKEN , 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, 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 independentcontractor 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, 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.
Town of Milliken
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 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.
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.
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
Entity: Town of Milliken
Contact Person: David Fraizer
Address: P.O. Box 290
City, State, Zip: Milliken, CO 80543
Phone: (303)587-4331
Signed this
TITLE OF AUTHORITY:
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: (303)353-0635 extension 2240
, l9151-1•
COUNTY OF WELD, STATE OF COLORADO BY
AND THROUGH THE BOARD OF COUNTY
COMMISSIONERS OF WELD COUNTY ON
BEHALF OF THE WELD COUNTY HEALTH
DEPA MENT F .
BY:
Chairman .DALE "R.
ATTEST: Weld Count
BY:
likiffgatic
COMMtSS O t*
(6/28/95)
Clerk to the
Approved by:
WELD COUNTY HEALTH DEPARTMENT
Johi Pick e, M.S.E.H.
D ector
Weld County Health Department
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