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Home My WebLink About20194946.tiffRESOLUTION RE: APPROVE AGREEMENT FOR THE SAMPLING AND ANALYSIS OF WATER AND AUTHORIZE DIRECTOR OF DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT TO SIGN - CHEYENNE-LARAMIE COUNTY HEALTH DEPARTMENT 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 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 Cheyenne -Laramie County Health Department, commencing October 1, 2019, 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 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 Cheyenne -Laramie County Health Department, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the authority to sign said agreement, be, and hereby is, delegated to the Director of the Department of Public Health and Environment to sign as the Agent for the Weld County Board of County Commissioners, Weld County, Colorado. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of December, A.D., 2019, nunc pro tunc October 1, 2019. ATTEST: dettyfe,$) xito;e1 Weld County Clerk to the Board BY: Deputy Clerk to the Board APP '•V'DAS County Attorney Date of signature: 12/1S(//1 BOARD OF COUNTY COMMISSIONERS WE�D COUNTY, GO ORADO r Chair . James Steve Moreno cc : I. I L ( -TG) I/to/2O 2019-4946 HL0051 Contract zo 3�S� Memorandum TO: Barbara Kirkmeyer, Chair Board of County Commissioners FROM: Mark E. Wallace, MD, MPH Executive Director Department of Public Health & Environment DATE: December 3, 2019 SUBJECT: Cheyenne -Laramie County Health Department Agreement for the Analysis of Water For the Board's approval is an Agreement for the Analysis of Water between the Cheyenne - Laramie County Board of Health on behalf of the Cheyenne -Laramie County Health Department, Division of Environmental Health (CLCHD) and the Board of County Commissioners on behalf of the Weld County Department of Public Health and Environment (WCDPHE). WCDPHE has successful secured a new agreement with the Cheyenne -Laramie County Health Department for their water testing. Typically, these agreements are signed by the Executive Director of WCDPHE by delegation of the Board according to Resolution #2001-3421 when there are no edits or modifications to the approved contract. Upon review of our standard, Board -approved agreement by the Cheyenne -Laramie County Health Department, the agreement was returned with one small modification. The following statement was added by CLCHD: "System does not waive its Governmental Immunity, as provided in W.S. § 1-39-101 et seq. (as amended) by entering into this Agreement." This statement appears to be a normal statement included in other agreements, but in this instance, it pertains to Wyoming statute. Due to this modification to the pre -approved, standardized Agreement, the modified CLCDH agreement must get approved by the Board. The term of this contract is automatically renewed each year with parties able to terminate with 30 -days written notice. Weld County Assistant Attorney, Karin McDougal, has reviewed the this modified agreement and has deemed the revisions reasonable and acceptable. Furthermore, this amendment was approved for placement on the Board's agenda via pass -around dated November 22, 2019. I recommend approval of this Agreement for the Analysis of Water with the CLCHD. oafOct 2019-4946 FILOO5I i, _ _ Print AGR1. I % FENT FOR rHE SMMPLANG AN �NAI_YSIS OF WATER aexee �wnvr�ox mnamn+mca.mA�wivxaecoa THIS AGREEMENT is made and entered into this 1Q day of $ and between Cheyenne Laramie Countly Health Department address is 100 Central Ave. Cheyenne, Y 82007 Public Health )tember , 2 0 l 9, by whose (hereinafter referred to as "System"), and the Board of County Commissioners for the County of Weld, State of Colorado, on behalfof the Weld County Department of Public Health and Environment (hereinafter referred to as "Health Department"), and whose office is located at 1555 North 17th u Greeley, Colorado 80631. 2. BACI ROUND INFORMATION IO!''J F"t`�'+''��N[m�'^SfiL2Q.'6T19YO^�4AMM' 'T��. gJ1J1110.1Wu Weld County Code, Section 14, Article Ii authorizes Health epartment 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 System requires analysis for compliance purposes and/or other needs; and 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 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 Authorization to Act. The System hereby authorizes Health De aarnnaent to perform the services listed in his Agreement and in the Weld County Code, Section 14, Article II, for the testing of Drinkinu Water on behalf of System. The provisions of Weld County Code, Section 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 Term. This Agreement shall become effective on this I..si day of October 201 9- 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 •0h of t le ending term. System shall be deemed to have accepted the cuange in the contracted fee for Fenn approved via Rtesolutzon °016-2809 dated 9 7 2016 B the applicable upcoming term if System as not objected to said change prior to December 31 of the ending term. 3. 5ervices to be Provided by Health erpartment. Health Department agrees to provide services to System at the fee rates annually approved by the County Commissioners_ Observing volume discounts may apply for bacteriological samples fasted by weld Coumy staff according to the following schedule and on a case by case basis_ . t requen y y. dun 10% >= I Quay teal y 20% , ---1 Monthly AY > :::t5 Monthly , 25% > I o Monthly 30% >=20 Monthly 40% =30 Monthly 45% 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 shall prow 1c further services as mutually agreed upon by Health ry _Department and System at times and for compensation as agreed to by the parties hereto_ Health a=alth Department does not make any representations as to the adequacy of System' s compliance IA ith federal or state law govefinirw Om sampling of drinking water, wastewater, or oth::.'r environmental waters. ._ 1. Kee Health 1•epartment will provide to System complete copies of sam lii w analysis reports made by Health Department pursuant to this Agreement. Health Department will maintain records pursuant to law andreuulation. 5. elegise and Hold 1-larnnles . l_ial flit ' Subject to the monetary limits, notice requirements, immunities, twills, benefits, defenses, limitations, and protections available to the parties under the Colorado Governmental immunity Act as currently written or hereafter amended &stem . does. not waive its Governmental Immunity, as provided in la 39- l a� et sed '-jas amnended by entering into this Agreement. Eeach party agrees to be responsible and assume liability for losses and liabilities caused by its ov; n 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. -'ermination. Either party may terminate this Agreement upon 30 days written notice to the other party at the addresses set fort 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. r - tions a d u ies of System. System shall perform all of the oblits,ations and duties set, forth in Section 14-2 et seq. of the Weld County q :_.:��r In addition., System shall pay for the services rendered by Health Department pursuant to this se r' to contracted set paragraphof ��rd~�.tt�+�nt according the �orltr��c ed amount forth in i�c�r��3�.iplp 3 this Agreement, an for as may be mutually agreed to by the parties hereto. Payment I shall be due within in thirty (30) days of the ',tiartcr ending: March 31, June 30. September 30, and December 31 during the t ri4 of this Agreement. it is the System's res tji s1bili v bo o if` � the Healf.l `e .� rtment of MonitoringSchedule . _.a... .,..�..�., �«� ,, tea.. �.w".�+z__smcrs'•�-+1vamvvu�.x�ar�nmo.o��mi. �r.x� TG:T.2nAYs..w.. •oxx^.��+gacr ssc:J c es 1:i ensure cparajuireincrits asp m=L`t Form 3pf}stlscd via Res«luriim 20I6-2.89‘) elated O► 'WIf� 8. ►hf iv,_, f` I it ities/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. Sevcrabil itv. 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. ln 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 suck 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: l ame.Che enne affratnie County. I- e.ai.tJl Department Attn: Roy K • c-ger Address: 1.00 `entral Ave .�.. WMWWr.v .:; V ....m rn' City, State, Lip. . lie.y nne, .WY. 82007 Phone: 3t 7-63344090 • r. r � V r +t k s fez' t )srtp. ..�.. � ��t�nt cp iYVf� E/y�� uYbY.. w u N - .. � �!T � � � Weld County Department of Public Health and Environment Attn: Administration Division 1555 North 17°'' 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. Cheyenne -- Laramie County Health Department By: Ca}m3L 4,..c_arva \ ulltorizoi Kepteserttati; e Signature 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 .c..5L.ci Qin in...�. ley. 1R1 , 1.rstisurr;cti N ejtrt •Crstatt t +: RECEIVED AND APPROVED AS TO FORM ONLY BY THE DEPUTY LARAMIE COUNTY AnnRi tV v.\ Mark E.. Wallace, M,D,, MPH Director, Weld County Department of Public Health and Environment New Contract Request n rrnatson Entity Name* CHEYENNE-LARAMIE COUNTY HEALTH DEPARTMENT Entity ID* @00041675 Contract Name* CHEYENNE-LARAMIE COUNTY HEALTH DEPT AGREEMENT FOR THE SAMPLING AND ANALYSIS OF' WATER Contract Status CTB REVIEW Contract ID 3288 Contract Lead* TGEISER Contract Lead Email tgeiserco.weld. ca. us Contract Description * CHEYENNE-LARAMIE COUNTY HEALTH DEPT WATER SAMPLING AGREEMENT Contract Description 2 Contract Type "* AGREEMENT Amount* $0.00 Renewable NO Automatic Renewal NO Grant NO IGA NO Department HEALTH Department Email CM-Health@weldgov.com Department Head Email CM-Health- DeptHeadthweidgov. corn County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTO'RNEY@WELD GOV. COM ❑ New Entity? Requested BOCC Agenda Date* 12/09/2019 Parent Contract ID Requires Board Appro YES Department Project # Due Date 1.2,'C5/20 19 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date 12/09/2019 Termination AS: ce Period Review Date .a. 10/01/2024 Committer' 0 Renewal Date very Date Expiration Date* 12/01/2024 Contact Information Contact. Info Contact Name Contact Type Contact Email Purchasing Purchasing Approver Approval. Process Department Head TANYA. GEISER DH Approved Date 12104/2019 al Approval A d Date �C etada Date Originator TGEISER Finance Approver BARB CONNOLLY Contact Phone 1 Contact Phone 2 Purchasing Approved Date Finance Approved ©ate 12/05/2019 Tyler Ref # AG 120919 Legal Counsel KARICJ MCDOUGAL Legal Counsel Approved [fate 12105,2019 Hello