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HomeMy WebLinkAbout930409.tiff RESOLUTION RE: APPROVE AGREEMENT FOR PESTICIDE MONITORING AND GENERAL GROUNDWATER QUALITY ASSESSMENT WITH NORTH FRONT RANGE WATER QUALITY PLANNING ASSOCIATION AND AUTHORIZE CHAIRMAN TO SIGN 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 a Agreement for Pesticide Monitoring and General Groundwater Quality Assessment North Front Range Water Quality Planning Association and Weld County Health Department, commencing January 1, 1993, and ending December 31, 1993, with the 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 Pesticide Monitoring and General Groundwater Quality Assessment North Front Range Water Quality Planning Association and Weld County Health Department be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman 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 5th day of May, A.D. , 1993, nunc pro tunc January 1, 1993. q� , .� BOARD OF COUNTY COMMISSIONERS ATTEST: `�I�'�/GZFC(17 WE COUNTY, COLORADO Weld County Clerk to the Board (��)?-C nf-S? lit / Con/s�t�anc/e/�yL./�-Iar(Xibert, Chairman BY: ) / I �X_KA� Ill L. /Harbert, Deputy erk to the Board W. . Webster, ro-Tem APPROVED AS TO FORM: Georg o/c. Bax er County Attor ey Dale K. Hall /G'//LGff t i(k- ���arbara J. Kirkmeyer O 930409 C , AGREEMENT FOR THE PESTICIDE MONITORING AND GENERAL GROUNDWATER QUALITY ASSESSMENT BY THE WELD COUNTY HEALTH DEPARTMENT THIS AGREEMENT is made and entered into this 5 day of 19 9.a , by and between NORTH FRONT RANGE WATER QUALITY PLANNING ASSOCI ION , whose address is , hereinafter referred to as "ASSOCIATION, " 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." NOW, THEREFORE, in consideration of mutual promises and covenants contained herein, the parties hereto agree as follows: Section 1 - Authorization to Act: The Association hereby authorizes Health Department to perform the services listed in this Agreement for the sampling and testing or groundwater and sampling for pesticides in groundwater as incorporated herein by reference. Health Department shall act as an independent contractor in relation to the Association in the performance of services set forth in this Agreement. None of the Health Department employees and/or agents shall become employees of Association, and no employees of Associations' 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, 1993, and shall remain in full force and effective until December 31, 1993, unless and until otherwise terminated sooner, pursuant to the provisions of Section 5 below. Section 3 - Services to be Provided by Health Department: Health Department agrees to provide the following services to Association during the term of this Agreement: 1. The Environmental Protection Services Staff and the Association's Program Manager will select study areas and will identify representative wells, both existing wells and sites for drilling new monitoring wells, to document the study areas. 2. The Environmental Protection Services Staff will travel to new well sites and bail the wells to assure stabilization of the wells. New wells will be field inspected by the Environmental Protection Services Staff for geographical and geological settings. A physical inspection of the well head will be completed at the initial visit to ensure that the sample is not contaminated from surface water or other sources and that it will be representative of the groundwater quality. Page 1 of 4 rip uj + J< North Front Range Water Quality Planning Association Agreement for the Pesticide Monitoring and General Groundwater Quality Assessment Page 2 3. The Environmental Protection Services Staff will collect samples from new wells and other identified existing wells for analysis. Existing sites will also be inspected for possible contamination so that samples will be representative of the groundwater quality. 4. The well samples will be analyzed at the Weld County Health Department Laboratory. The analysis will include initial and final stability tests for Nitrate and Total Dissolved Solids on the new monitoring wells. Inorganics will be analyzed on all twenty-five (25) wells. 5. The Environmental Protection Services Staff will ensure that samples for pesticides analysis are delivered to other appropriate labs as selected by the Association. Environmental Protection Services Staff will also received and disseminate results to property owners. 6. The Environmental Protection Services Division will provide staff time for computer data entry and support to the Association within the capabilities of the Division. Cost to Complete: Personnel Time approximate total cost $10, 730.00 amount to be paid by Association 5, 000.00 Lab Fees and Supplies approximate total cost 2, 153.20 amount to be paid by Association 1, 625.00 Mileage: approximate total cost 750.00 amount to be paid by Association 600.00 The differences to be inkind services provided by the Weld County Health Department to match federal grant funds. This is the second year of the two (2) year agreement. 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 Association 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 Associations compliance with federal or state law governing the sampling of drinking water. Page 2 of 4 9 ;0 1119 North Front Range Water Quality Planning Association Agreement for the Pesticide Monitoring and General Groundwater Quality Assessment Page 3 Section 4 - Release and Hold Harmless: The Association 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 Association: Association shall perform all of the obligations and duties set forth in Section II(c) of Weld County Ordinance 60-B. In addition, Association 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 upon completion of the contract work. 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. 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: Entity: Weld County Health Department Contact Person: Contact Person: Judy Schmidt Address: Address: 1517 16th Avenue Court City, State, Zip: City, State, Zip: Greeley, CO 80631 Phone: Phone: (303)353-0635 extension 2249 Page 3 of 4 9 ,O $09 North Front Range Water Quality Planning Association Agreement for the Pesticide Monitoring and General Groundwater Quality Assessment Page 4 Signed his a day of 4¢w( , 19 77 3 . 9 COUNTY OF WELD, STATE OF COLORADO BY " CIATION" AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY ON BEHALF OF THE WELD COUNTY HEALTH TITLE OF AUTHORITY: DEPARTME T BY: t� LI s ittve gej/� /� Chairman 65IC:{93 � ATTEST: Weld County Clerk to the $oap'// // / ,/(tt� e v! /2/1/1/41.10,1;4;27 BY: ep +ter lam eputy Clerk to the Boar (niS G TO 60:: DF CO.ONTY LitJ ONLY Approved by: WELD COUNTY HEALTH DEPARTMENT 2 Randolph L. Gordon, M.D. , M.P.H. Director • Page 4 of 4 9Z0 1C9 '' fEmoRAnDum Wi`k 1c Constance L. Harbert, Chairman Board of County Commissioners Date April 28, 1993` COLORADO r , O,-(}1-2From Jeannie K. Tacker, Business Manager, Weld County Health Dept. Subject: Agreement with North Front Range Water Quality Planning Association Enclosed for Board approval is an agreement between the Weld County Health Department and the North Front Range Water Planning Association. The Health Department will provide sampling and analysis of water and testing for pesticides in ground water in preestablished testing wells. For these services the Association will reimburse the Health Department $7,225.00. The term of the agreement shall be from January 1, 1993 through December 31, 1993. I would recommend your approval of this agreement. If you have any questions, please feel free to contact me. 93C4C9 -/J /ill C Hello