HomeMy WebLinkAbout20223242.tiffRESOLUTION
RE: APPROVE STANDARD FORM OF AGREEMENT FOR SAMPLING AND ANALYSIS OF
WATER WITH VARIOUS CLIENTS AND AUTHORIZE DIRECTOR OF DEPARTMENT
OF PUBLIC HEALTH AND ENVIRONMENT TO SIGN AGREEMENTS CONSISTENT
WITH SAID FORM
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 Standard Form of Agreement for the
Sampling and Analysis of Water between the Weld County Department of Public Health and
Environment and various clients of the laboratory at the Health Department, and
WHEREAS, after review, the Board deems it advisable to approve the Standard Form of
Agreement, a copy of which is 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 individual agreements between the Department of Public Health and Environment and
various laboratory clients.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Standard Form of Agreement for the Sampling and Analysis of Water
between the Weld County Department of Public Health and Environment and various clients, 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
said form.
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2022-3242
HL0054
STANDARD FORM OF AGREEMENT FOR SAMPLING AND ANALYSIS OF WATER WITH
VARIOUS CLIENTS
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of November, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO
ATTEST: ,j ,, p;(1
Weld County Clerk to the Board
County Attorney
Date of signature: 11/23/2-2
Scott K. James, Chair
21 ':___--.____________
Mid; -man, Pro -T
2022-3242
HL0054
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
TITLE: Revised Standardized Agreement for the Sampling and Analysis of Water
DEPARTMENT: PUBLIC HEALTH & ENVIRONMENT DATE: November 7, 2022
PERSON REQUESTING: Gene O'Hara, Interim Executive Director
Brief description of the problem/issue:
For the Board's review and approval is a revised standard form Agreement for the Sampling and
Analysis of Water. Per Section 2-1-125.C. of the Weld County Code, the Board of County
Commissioners (BOCC) have delegated the authority to the Director of the Weld County
Department of Public Health and Environment (WCDPHE) to enter into a standard form Agreement
for the Sampling and Analysis of Water. The WCDPHE, in consultation with the County Attorney, has
revised the previously approved standard form Agreement and is requesting that the BOCC adopt
the revised standardized Agreement.
A redline and a final version of the new standardized Agreement are both attached. Aside from
some minor clerical changes and clarifications in the Agreement, the primary modification to the
Agreement pertains to volume discount pricing, which has been used for 20+ years for
bacteriological samples. Rather than a tiered structure, the Agreement is specifically defining a 10%
discount applied to the current year's rate, and such fees may be adjusted annually with the
approval of the Board. This eliminates the need to have separate fee arrangements for individual
clients based on the annual projected sampling volume.
On July 18, 2022, Health Department staff met with the Board for a work session to discuss lab
collection fees and the associated formal agreements. The meeting resulted in the BOCC approving
the flat 10% discount for those signing the standardized Agreement.
Following the approval of this change to the standardized Agreement for the Sampling and Analysis
of Water, the Agreement underwent further review by Assistant Weld County Attorney Karin
McDougal, and she provided further input into the standardized Agreement. She is supportive of the
standardized Agreement in its new form that is being presented to the Board.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
Approving the new version of the standardized Agreement for the Sampling and Analysis of Water as
proposed with a fixed discount of 10% will allow WCDPHE staff to focus their efforts on providing
services and eliminating the laborious process of developing individual fee arrangements for each
client that qualifies.
The Board may request that the WCDPHE make additional modifications to the Agreement to reflect
the Board's desires.
The Board could choose to not approve the revised standardized Agreement. However, by doing so
this will cause WCDPHE to have to continue the time-consuming process of executing numerous
water contracts based on projected sampling volumes which may or may not be accurate and may
not provide additional benefits beyond a fixed 10% discount for all Systems executing the
Agreement.
Recommendation: I recommend approval of the new standardized Agreement for the Sampling and
Analysis of Water.
2022-3242
t4 Loov-I
Approve Schedule
Recommendation Work Session Other/Comments;
Perry L. Buck
Mike Freeman, Pro -Tern
Scott K. James; Chair
Steve Moreno
Lori Saine
PublicHealth
AGREEMENT FOR THE SAMPLING AND ANALYSIS OF 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 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
referred to as "Health Department"), and whose office is located at 1555 North 17th Avenue,
Greeley, Colorado 80631.
BACKGROUND INFORMATION
1. Weld County Code, Chapter 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
2. System requires analysis for compliance purposes and/or other needs; and
3. 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
4. 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, Chapter 14, Article II, including however such provisions may
be amended during the term of this Agreement, 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.
2. Term. This Agreement shall become effective on this day of
20 . The term of this Agreement shall automatically renew from year to year,
unless and until otherwise sooner terminated pursuant to the provisions of paragraph
6 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
Form approved via Resolution 2016-2809 dated 9/7/2016 Page 1 of 3
the applicable upcoming term if System has not objected to said change prior to
December 31 of the ending term.
3. Services to be Provided by Health Department. Health Department agrees to
provide services to the System at the fee rates annually approved by the Board of
County Commissioners. A 10% (ten percent) discount is applied to the annual rate
while the System is receiving services under this agreement.
Methods used by Health Department in providing said services shall be in
accordance with Section 14-2-20 et seq. of the Weld County Code. Health
Department may 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 written amendment or separate agreement. Health Department does not
make any representations as to the adequacy of System' s compliance with federal
or state law governing the sampling of drinking water, wastewater, or other
environmental waters.
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 maintain records pursuant to law and regulation.
5. Release and Hold Harmless. Liability. Subject to the monetary limits, notice
requirements, immunities, rights, benefits, defenses, limitations, and protections
available to the parties under the Colorado Governmental Immunity Act as currently
written or hereafter amended, each party agrees to be responsible and assume
liability for losses and liabilities caused by its own wrongful or negligent acts and
omissions, and those of its officers, agents and employees. No term or condition of
this Agreement shall be construed or interpreted as a waiver, either express or
implied, of any provision of the Colorado Governmental Immunity Act or any other
immunities and benefits available to the parties by law.
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 et seq. 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 by written
amendment or separate agreement. 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. It is the System's responsibility to notify the Health
Department of Monitoring Schedule changes to ensure compliance requirements are
met.
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
Form approved via Resolution 2022-**** dated *** Page 2 of 3
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:
Name:
Attn:
Address:
Address:
City, State, Zip:
Phone:
Email:
HEALTH DEPARTMENT: Weld County Department of Public
Health and Environment
Attn: Director of Finance & Administration
1555 North 17th Avenue
Greeley, Colorado 80631
Phone: 970-400-2122
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day,
month, and year first above written.
SYSTEM NAME:
By: WELD COUNTY DEPARTMENT OF
Authorized Representative Signature PUBLIC HEALTH AND
ENVIRONMENT
By delegation from the BOARD OF
Title: COUNTY COMMISSIONERS FOR
Of THE COUNTY OF WELD, STATE OF
Authorized Representative
COLORADO
By:
Director, Weld County Department of
Public Health and Environment
Foam approved via Resolution 2022-**** dated *** Page 3 of
STANDARD FORM OF AGREEMENT FOR SAMPLING AND ANALYSIS OF WATER WITH
VARIOUS CLIENTS
APPROVED AS TO SUBSTANCE:
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Elected Official, Department Head, or Deputy Department Head
APPROVED AS TO FUNDING:
N/A
Chief Financial Officer
APPROVED AS TO FORM:
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County Attorney
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