HomeMy WebLinkAbout20013421 RESOLUTION
RE: APPROVE FORM OF STANDARD AGREEMENTS FOR SAMPLING AND ANALYSIS
OF DRINKING WATER AND POLLUTANT DISCHARGE BY THE WELD COUNTY
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
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 the Form of two Agreements for
Sampling and Analysis of Drinking Water and Pollutant Discharge, which will be between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County and various entities and corporations requesting the Department of Public Health
and Environment to conduct sampling and analysis of drinking water and pollutant discharge,
with terms and conditions being as stated in the form of said agreements, and
WHEREAS, after review, the Board deems it advisable to approve the form of both
agreements, copies of which are attached hereto and incorporated herein by reference, and to
delegate standing authority to the Director of the Department of Public Health and Environment
to execute said individual agreements with eligible entities and corporations on behalf of the
County of Weld, by and through its Board of County Commissioners.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the form of the two Agreements for the Sampling and Analysis of
Drinking Water and Pollutant Discharge between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, and various entities be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Director of the Department of Public
Health and Environment be, and hereby is, authorized to sign any agreements consistent with
the form of said agreements.
2001-3421
BC0031
ee: itAL
RE: FORM OF STANDARD AGREEMENTS FOR THE SAMPLING AND ANALYSIS OF
DRINKING WATER AND POLLUTANT DISCHARGE
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of December, A.D., 2001.
BOARD O COUNTY COMMISSIONERS
WELD C LINTY, COLORADO
ATTEST: Mk]) //��� ilizi
t,;`-EL,��% Geile, Cha'
Weld County Clerk to the j.aim ap
1186 i y
r �-�, Glenn Vaad, Pro €rrt
BY: _� , ' - ., - //
Deputy Clerk to the :%i,j' „ ,fct4,1 % )� e
•`? ll e W i rkg,
q 'F /ED AST l (y1
C/ i Davi E. Long
vZ r. �
ounty Attorn 'I`� ,
Robert D. M 'sden
Date of signature: / (°u'
2001-3421
BC0031
MEMORANDUM
TO: Commissioners December 7, 2001
IIiD�. FROM: Carol Harding
COLORADO SUBJECT: Delegation of authority for Water Agreements
Several Commissioners recently indicated their desire to delegate authority to Dr. Wallace to sign routine
agreements for sampling and analysis of drinking water and pollutant discharge. Currently, approximately
50 to 60 individual agreements are placed on the agenda for action each year,and the Chair is authorized
to sign the agreements after approval. With three originals being submitted for signature, the paperwork
is quite onerous. Staff from the Health Department,County Attorney's Office,and Clerk to the Board's Office
have worked on updating the agreements(copies attached)and defining the best process to follow to allow
the delegation of authority to occur. The following would be required, if the Board desires to delegate its
authority.
1. Consider and approve a resolution on a regular board agenda to approve the form of the
agreements for sampling and analysis of drinking water and pollutant discharge.
2. By Ordinance,amend Section 2-1-120,Delegation of Authority,by adding a new subsection to read:
Delegation of authority concerning Agreements for the Sampling and Analysis of
Drinking Water and Pollutant Discharge by the Weld County Department of Public
Health and Environment. By Resolution# , approved on December
2001,the Board of County Commissioners approved the form of two agreements
and granted standing authority to the Director of Public Health and Environment to
sign said agreements with various entities and corporations.
3. Require the Director of Public Health and Environment to submit a monthly report,which would be
listed on the Consent Agenda, showing the names of the entities and/or corporations with which
he signed agreements. The report would be scanned into the permanent records of the Clerk;
however, each individual agreement would not be included in the records of the Clerk.
Do you wish to delegate authority as listed above?
WORK
YES NO SESSION
Mike
Glenn
Bill
Dave ✓
Rob
Because these agreements are approved on a calendar year basis, we could initiate the delegation of
authority for those agreements being entered into as of January 1,2002, by including it in the third reading
of Code Ordinance #2001-8. If not included in #2001-8, a separate Code Ordinance will be processed
(takes 6 -8 weeks).
Do you object to including the change on third reading of Code Ordinance#2001-8?
WORK
YES NO SESSION
Mike
Glenn
Bill
Dave ✓
Rob
AGREEMENT FOR THE
SAMPLING AND ANALYSIS OF DRINKING WATER
THIS AGREEMENT is made and entered into this day of ,20 ,
by and between , whose address is
hereinafter referred to as"System,"and the Weld County Department of Public Health and
Environment by delegation from the Board of County Commissioners for the County of Weld,
State of Colorado, hereinafter referred to as "Health Department," and whose office is located at
1555 North 17th Avenue, Greeley, Colorado 80631.
BACKGROUND INFORMATION
A. 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
B. System supplies persons with drinking water; and
C. 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
D. 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 II, for the testing of Drinking Water on behalf of System. The
provisions of Weld County Code, Section 14, Article II 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.
1
2. Term. This Agreement shall become effective on January 1, 2002, and shall
remain in force and effect until December 31, 2002. The term of this Agreement
shall automatically renew from year to year until December 31, 2006, unless and
until otherwise sooner terminated pursuant to the provisions of paragraph 6 of this
Agreement.
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
Note: If multiple resamples are taken on the same day, at the same location—the
fee for the first sample is $ , with the fee for each additional sample at
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
November 30th 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
objected to said change prior to December 31 of the ending term.
Methods used by Health Department in providing said services shall be in
accordance with Section 14-2-20 of the Weld County Code. 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 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.
2
5. Release and Hold Harmless. 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.
6. Termination. Either party may terminate this Agreement upon 30 days written
notice to the other party at the addresses set forth in this Agreement. If this
Agreement is so terminated, System shall pay that compensation to Health
Department which duly reflects the actual amount of compensation due and owing
to Health Department for services previously provided to System.
7. Obligations and Duties of System. System shall perform all of the obligations and
duties set forth in Section 14-2-20 of the Weld County Code. 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 maybe mutually agreed to by the parties hereto. Payment
shall be due within thirty(30) days of the 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 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 create a duty of care with respect to persons not a party to this Agreement.
9. 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.
10. 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.
3
SYSTEM:
HEALTH DEPARTMENT: Weld County Department of Public
Health and Environment
Attn: Connie O'NEILL
1555 North 17th Avenue
Greeley, Colorado 80631
Phone: 970-304-6415, ext. 2273
Fax: 970-
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the
day, month, and year first above written.
SYSTEM:
By:
Title:
WELD COUNTY DEPARTMENT OF
PUBLIC HEALTH AND ENVIRONMENT
by delegation from the
BOARD OF COUNTY COMMISSIONERS
FOR THE COUNTY OF WELD,
STATE OF COLORADO
By:
Mark E. Wallace, M.D., MPH
Director, Weld County Department
of Public Health and Environment
4
AGREEMENT FOR THE
SAMPLING AND ANALYSIS OF POLLUTANT DISCHARGE
THIS AGREEMENT is made and entered into this day of ,20_,
by and between ,whose address is
hereinafter referred to as "System," and the Weld County Department of Public Health and
Environment by delegation from the Board of County Commissioners for the County of Weld,
State of Colorado, hereinafter referred to as "Health Department," and whose office is located at
1555 North 17th Avenue, Greeley, Colorado 80631.
BACKGROUND INFORMATION
A. 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
B. Health Department possesses the necessary equipment and expertise required to
perform the sampling and analysis of the water for System as required by federal
law; and
C. 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. System hereby authorizes Health Department to perform
the services listed in this Agreement and in the Weld County Code, Section 14,
Article II, for the testing of water on behalf of System. The provisions of Weld
County Code, Section 14, Article II are incorporated herein in their entirety.
Health Department shall act as an independent contractor in relation to System in
the performance of services set forth in this Agreement. None of Health
Department employees and/or agents shall become employees of System, and no
employees of System shall be deemed or become employees of Health
Department by virtue of this Agreement.
2. Term. This Agreement shall become effective on January 1, 2002, and shall
remain in force and effect until December 31, 2002. The term of this Agreement
shall automatically renew from year to year until December 31, 2006, unless and
until otherwise sooner terminated pursuant to the provisions of paragraph 6 of this
Agreement.
1
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
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
November 30th 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
objected to said change prior to December 31 of the ending term.
Methods used by Health Department in providing said services shall he in
accordance with Section 14-2-30 of the Weld County Codc. 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 System's compliance
with federal or state law governing the sampling and analysis requirements 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. 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.
6. Termination. Either party may terminate this Agreement upon 30 days written
notice to the other party at the addresses set forth in this Agreement. If this
Agreement is so terminated, System shall pay that compensation to Health
Department which duly reflects the actual amount of compensation due and owing
to Health Department for services previously provided to System.
2
7. Obligations and Duties of System. System shall perform all of the obligations and
duties set forth in Section 14-2-30 of the Weld County Code. 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 the 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 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 create a duty of care with respect to persons not a party to this Agreement.
9. 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.
10. 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:
HEALTH DEPARTMENT: Weld County Department of Public
Health and Environment
Attn: Connie O'Neill
1555 North 17th Avenue
Greeley, Colorado 80631
Phone: 970-304-6415, ext. 2273
Fax: 970-
3
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the
day, month, and year first above written.
SYSTEM:
By:
Title
WELD COUNTY DEPARTMENT OF
PUBLIC HEALTH AND ENVIRONMENT
by delegation from the
BOARD OF COUNTY COMMISSIONERS
FOR THE COUNTY OF WELD,
STATE OF COLORADO
By:
Mark E. Wallace, M.D., MPH
Director, Weld County Department
of Public Health and Environment
4
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