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Home My WebLink About980945.tiff 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 9 g, by and between TOWN OF MEAD , whose address is y v I 3.4s4. `ftiaol & 3o$4;1- , 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 la CO 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, 1998, and shall remain in full force and effective until December 31, 1998, unless and until otherwise terminated sooner, pursuant to the provisions of Section 5 below. 980945 HLCOa' Page 1 of 3 Town of Mead Agreement for the Sampling and Analysis of Drinking Water Section 3 - Services to be Provided by Healt= 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 Sample $17.35 each (Total Coliform) (one per month - minimum) Resample As Requested $22.85 each Note: If multiple resamples are taken on the same day, at the same location - the first sample is $22.85, each additional sale is $6.85. Methods used by Health Department in provid_ng said services shall be in accordance with Section I(b) of the Weld Counny Ordinance No. 60-B. Health Department shall provide further services as mutually agreed upon by Health Department and System at times and for compensa_'on as agreed to by the parties hereto. By signing this Agreement and provid_ng 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 repressentations as to the adequacy of Systems compliance with federal or state law gcrrerning the sampling of drinking water. Section 4 - Release and Hold Harmless: The Sv.ztem agrees to release and hold harmless Health Department from any and all liaapility and/or damages resulting from the acts or omissions of Health Departmen= in performing the services set forth in this Agreement. Section 5 - Termination: Either party may term=:nate 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 nontracted 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 mf 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, 1998. $action 7 - Waiver of Inmtunities/Duty of Care: No portion of this Agreement shall be deemed to constitute a waiver of any =mmunities the parties or their officers or employees may now possess, nor sha=1 any portion of this Agreement be deemed to or created a duty of care with t_rne respect to any persons not a party to this Agreement. Page 2 of 3 C'l()94/5 Town of Mead Agreement for the Sampling and Analysis of Drinking Water Section 8 - Severability: If any section, subsection, paragraph, sentence, clause, or phrase of the Agreement is for any reason held or decided to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The parties hereto declare that they would have entered into this Agreement and each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases may be declared to be unconstitutional or invalid. Section 9 - Notices: All notices to the parties shall be sent to the following: Entity: Town of Mead Entity: Weld County Health Department Contact Person: Kelly Smith Contact Person: Connie O'Neill Address: P. O. Box 626 Address: 1517 16th Avenue Court City, State, Zip: Mead, CO 80542 City, State, Zip: Greeley, CO 80631 Phone: (970) 535-4477 Phone: (970)353-0635 extension 2240 Signed this 27 day of ' /4 o i , 19 9 8 . BY: f o W n 4 /✓L( 4 01 COUNTY OF WELD, STATE OF COLORADO BY "SYS M" AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY ON BEHALF OF THE WELD COUNTY HEALTH TITLE OF AUTHORITY: DEPARTM 26 Mee‘L Chair Constance L. Harbert (05/20/93) J71-1-0,-_$ .-, 06,43 ATTE T• •f enti Clerk to the t " ��!a 1. , i, .Vienr..G BY: • N 0,. A 7 • De` , �1`11M6A. Board ligirimpor Approved by: WELD COUNTY HEALTH DEPARTMENT fickle, R.S. , M.S.E.H. erector Weld County Health Department Page 3 of 3 (�1�/) �c s 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 SIERRA VISTA MOBILE HOME PARK , whose address is /Z623 6Jdt Cry tee 6 jr,Ihrtm , 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 SOO 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 April 1, 1998, and shall remain in full force and effective until December 31, 1998, unless and until otherwise terminated sooner, pursuant to the provisions of Section 5 below. g9)915 Page 1 of 3 Sierra Vista Mobile Home Park Agreement for the Sampling and Analysis of Drinking Water Section 3 - Services to be Provided by Health DeDartmen : 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 Sample $17.35 each (Total Coliform) (one per month - minimum) Resample As Requested $22.85 each Nitrate One per year $ 6.75 each Note: If multiple resamples are taken on the same day, at the same location - the first sample is $22.85, each additional sample is $6.85. 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, 1998. 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 Cj FV q1715 Sierra Vista Mobile Home Park 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: Sierra Vista Mobile Home Park Entity: Weld County Health Department Contact Person: Jae Webster Contact Person: Connie O'Neill Address: 12623 WCR 6 Address: 1517 16th Avenue Court City, State, Zip: Brighton, CO 80601 City, State, Zip: Greeley, CO 80631 Phone: (303) 659-2144 Phone: (970)353-0635 extension 2240 Signed this f day of .Y'ri / , 19 / . / o /y // BY. / COUNTY OF WELD, STATE OF COLORADO BY "SYSTEM" AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY ON BEHALF OF THE WELD COUNTY HEALTH TITLE OF AUTHORITY: DEPAR f aji'Y'rL ��.f� //I,e4r�G lWWy'"e BY �.ev � Chair Constance L. Harbert (05/20/98) i//dm- C—tom r... �i ATTEST: . F; t. . erk to the ffitc-rr VIP/ ants DepuBY: 405-er:,VOirlivel,d4Wit ( 5:�-`�:17:oard alp 001 Approved by: WELD COUNTY HEALTH DEPARTMENT "Pickle, R.S. , M.S.E.H. Director Weld County Health Department Page 3 of 3 RECEIVE)) VII-0 0 4 z mEmoRAnDum r . Constance L. Harbert To Board of County Commissioners Dete May 4 19 a Fr COLORADO Tu ; ,:c From John S. Pickle, M.S.E.H. , Director, W .H. Subject. Samnlina ant-1 Analvaia of Mt-inking" Wa1-ar Agraamanf 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 MEAD SIERRA VISTA MOBILE HOME PARK All contracted fees are in accordance with the fees established in County Ordinance No. : 82-S All contracts are in the same format as 1997 contracts. The term of the agreement shall be from January 1, 1998, through December 31, 1998. I recommend approval of these contracts. If you have any questions, please feel free to contact me. JSP/kl Hello