HomeMy WebLinkAbout20120356.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR THE SAMPLING AND ANALYSIS OF DRINKING
WATER AND AUTHORIZE CHAIR TO SIGN - CITY OF GREELEY
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement for the Sampling and
Analysis of Drinking Water between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, on behalf of the Department of Public Health
and Environment, and the City of Greeley, commencing upon full execution, with further terms
and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Agreement for the Sampling and Analysis of Drinking Water
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Health and Environment,
and the City of Greeley be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of February, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:'�G• ��' : r,
Sean P. Conway, Chair ��—
Weld County Clerk to the Board �J
EXCUSED
RMIN William F. Garcia, Pro- em
BY: /* k I le! Tad
Deputy Clerk to the Boa .-Aw t { L ,�C E
titf '..o� aJ ra Meyer /
,'� � � �APPROVED AS TO FORM`
1 I ® ��• avid E. Long
At-an-County tt.rneyAlt 0U bS wl_�ti�
Dougl Radema her
Date of signature: 3- 7-/a
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2012-0356
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AGREEMENT FOR THE
SAMPLING AND ANALYSIS OF DRINKING WATER
a
THIS AGREEMENT is made and entered into this cn — day of
Fehruo �� , 2012, by and between the City of Greeley, Colorado, a municipal
corporation, hose address is 1000 10th Street, Greeley, Colorado 80631, (hereinafter referred to
as "System") and having the assigned PWSID Number 162321, and the Board of County
Commissioners for the County of Weld, State of Colorado, on behalf of the Weld County
Department of Public Health and Environment (hereinafter "Health Department"} whose office
is located at 1555 North 17°i Avenue, Greeley, Colorado 80631.
BACKGROUND INFORMATION
WHEREAS, Weld County Code, Section 14, Article II authorizes 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 92,899 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:
AGREEMENT
1. Authorization to Act. The System hereby authorizes Health Department to perform the
services listed in this Agreement and in the Weld County Code, Section 14, Article 11, for the
testing of drinking water on behalf of System. The provisions of Weld County Code, Section 14,
Article 1l, as amended from time to time, are incorporated by reference 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.
2. Term. This Agreement shall become effective upon final execution of this Agreement by
both parties, and shall be for a period of one year. This Agreement shall automatically renew for
four additional one year periods, expiring December 31, 2016, unless and until otherwise sooner
terminated pursuant to the provisions of Paragraph 6 of this Agreement.
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3. Services to be Provided by Health Department. Health Department agrees to provide the
following services to System at the fees set forth below, during the initial term of this
Agreement:
Type of Test Contracted Number of Samples Contracted Fee
Bacteriological- Submitted
Total Coliform/Ecoli Quantitray $21.50
Bacteriological- Submitted
Total Coliform/Ecoli $19.50
Bacteriological- Collected
Total Coliform/Ecoli Ninety-one(91) monthly minimum $24.47
Resamples As Requested $40.05
Other Analysis See Price List
For each subsequent term of this Agreement, Health Department shall notify System of any
change in the contracted fee for the upcoming term no later than the 30th day of November of
the ending term. System shall be deemed to have accepted the change in the contracted fee
for the applicable upcoming term if System has not notified Health Department of its
objection to said change prior to the 31st day of December of the ending term.
Methods used by Health Department in providing said services shall be in accordance with
Weld County Code Section 14-2-20. 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 ensure the accuracy of the results of any tests performed by
Health Department and does not make any representations as to the adequacy of System's
compliance with federal or state law governing the sampling of drinking water.
4. Records. Health Department will provide to System complete copies of sampling
analysis reports made by Health Department pursuant to this Agreement. Health Department
will also maintain copies of each report for five years, after which such record will be destroyed.
If System requires another copy of any particular report, System must request a copy of such
report prior to the expiration of five years from the date of such report.
5. Release and Hold Harmless. To the extent authorized by law, System agrees to release
and hold harmless Health Department, the Board of Weld County Commissioners, and all Weld
County officers, employees, and agents 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.
6. Termination. Either party may terminate this Agreement upon thirty (30) days written
notice to the other party at the addresses set forth in this Agreement. If this Agreement is so
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terminated, System shall pay within thirty (30) days all compensation owed to Health
Department services provided to System by Health Department.
7. Obligations and Duties of System. System shall perform all of the obligations and duties
set forth in Weld County Code Section 14-2-20. In addition, System shall pay for the services
rendered by Health Department pursuant to this Agreement according to the contracted amount
set forth in Paragraph 3 of this Agreement, and/or as may be mutually agreed to by the parties
hereto. Payment shall be due within thirty (30) days of each quarter ending: March 31, June 30,
September 30, and December 31 during the term of this Agreement.
8. Waiver of Immunities/Duty of Care. No portion of this Agreement shall he 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 create a duty of care with respect to
persons not a party now or hereafter amended.
9. No Third Party Beneficiary. The terms and conditions of this Agreement, and all rights
of action relating thereto, are strictly reserved to the parties, and nothing in this Agreement shall
give or allow any claim or right or cause of action whatsoever by any other person not included
in this Agreement. Any person and/or entity, other than the parties, receiving services or benefits
under this Agreement shall be deemed an incidental beneficiary only.
10. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this
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.
11. Funding. No portion of this Agreement shall be deemed to create an obligation on the
part of the System or the County of Weld, State of Colorado, or Health Department to expend
funds not otherwise available or appropriated during the initial one (1) year term of this
Agreement.
12. Notices. Any notice provided for in this Agreement shall be in writing and shall be
served by personal delivery or by certified mail, return receipt requested, postage prepaid, or
served by facsimile with confirmation of receipt, at the addresses or fax numbers set forth in this
Agreement, until such time as written notice of a change is received from the party wishing to
make a change of address. Any notice so mailed and any notice served by personal delivery or
by facsimile shall be deemed delivered and effective upon receipt or upon attempted personal
delivery.
SYSTEM: City of Greeley
Water and Sewer Department
ATTN: Regulatory Compliance Coordinator
1100 10TH ST SUITE 300
GREELEY, CO 80631
Phone: (970) 350-9846
Email: colleen.young@greeleygov.com
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City of Greeley
Public Works Department
ATTN: Theresa Kohls
1001 9th Ave.
Greeley, CO 80631
Phone: (970) 336-4072
Email: theresa.kohls@greeleygov.com
HEALTH DEPARTMENT: Weld County Department of Public
Health and Environment
Attn: Cheryl Darnell
1555 North 17th Avenue
Greeley, Colorado 80631
Phone: 970-304-6415, ext. 2270
Email: cdarnell@co.weld.co.us
IN WITNESS WHEREOF, the partieuktereto'have duly executed this Agreement as of
the day, month, and year first above writtenkt r,,;;" 4141%
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CITY OF GREELEY, COLORADO, a�l*u t}�a C va
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By: l G an) By:
Mayor City Clerk
APPROVED AS TO SUBSTANCE: AS TO AVAILABILITY OF FUNDS:
By: By: 71�
C ty n Director of Fina e
APPR VED AS TO LEGAL FORM:
By: Jam"" — d lAi;k
City Attorney
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BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO ATTEST:,
Sean P. Conway, Chair Deputy Clerk to the Boar 361 1 '` ` 1
FEB 0 6
APPROVED AS TO EIVA/I:
ad/County Attorney
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Weld County Department of Public Health and Environment
Laboratory Fee Schedule for 2012
WATER QUALITY-BACTERIOLOGICAL ASSESSMENT
Total Coliform, PA $19.50
Total Coliform, Quantitray $21.50
Total Coliform, Membrane Filtration $31.50
Fecal Coliform, Membrane Filtration $31.50
Staphylococcus a ureus $21.00
Pseudomonas aeruginosa $21.00
Swim Pool Bacteriological Analysis $63.50
Potable Water Sample(collection and analysis), PA $44.50
Potable Water Sample (collection and analysis), Quantitray $46.50
Heterotropic Plate Count ... $19.00
WATER QUALITY-CHEMICAL ASSESSMENT
Alkalinity,Total $14.00
Aluminum $19.00
Ammonia $19.00
Arsenic $19.00
Barium $19.00
Baseline Mining Package (reference lab) determined by ref. lab
Baseline Mining Package no alpha/beta (reference lab) determined by ref. lab
Baeline Drilling Package (reference lab) determined by ref. lab
Biochemical Oxygen Demand (BOD) $45.00
Cadmium $19.00
Calcium as CaCO3 $18.00
Chloride $14.00
Chlorine $14.00
Chromium $19.00
Copper $19.00
Dissolved Oxygen $14.00
Fluoride $14.00
Haloacetic Acids (reference lab) determined by ref. lab
Hardness,Total $18.00
Iron $19.00
Lead, water $19.00
Lead, paint chips , $10.00
Magnesium (by hardness calculation) $5.25
Manganese $19.00
Mercury(reference lab) • determined by ref. lab
Metal digestion(if necessary) $21.00
Molybdenum (reference lab) determined by ref. lab
Nickel (reference lab) determined by ref. lab
Nitrate $14.00
Nitrite $14.00
Oil and Grease, Chemical $50.00
Oil and Grease,Visual $2.00
PH/Temperature $12.00
Phosphorous $12.50
Salinity $9.50
Potassium $19.00
Selenium $19.00
Silver(reference lab) determined by ref. lab
Sodium $19.00
Solids,Total $14.00
Solids,Total Dissolved $14.00
Solids,Total Suspended $14.00
Solids,Volatile Suspended $14.00
Specific Conductance $10.00
Sulfate $14.00
Thallium $19.00
Total Kjeldahl Nitrogen determined by ref. lab
Total Organic Carbon (reference lab) determined by ref. lab
Total Trihalomethanes(reference lab) determined by ref. lab
Turbidity $10.00
Zinc $19.00
Chemical Sample Sampling Fee $25.00
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