HomeMy WebLinkAbout20173233.tiffCon -1-071c+ =O
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Memorandum
TO: Julie A. Cozad, Chair
Board of County Commissioners
FROM: Mark E. Wallace, MD, MPH
Executive Director
Department of Public Health & Environment
CC: Mark Thomas
DATE: September 11, 2017
SUBJECT: Agreement for the Sampling and Analysis of
Water
Wray Family Dental has submitted a signed Agreement for the Analysis of Water by the Weld
County Department of Public Health and Environment (WCDPHE) laboratory. The WCDPHE is
forwarding this information according to Resolution Number 2016-2809 dated September 7,
2016.
CC: Mt -C Mw)
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2017-3233
00 M 9
2017,08'23 16 34:00 3 '7
AGREEMENT MR THE SAMPLING AND ANALYSIS OF WATER
THIS AGREEMENT is made and entered into this day of
and between {g Fg yll Duck -km.
Pub& Health
0 I' . by
___. whose address
is u,h Y.41. :b �} ?rut. ( r;0iSs (hereinafter
referred to as "System -1, and the Board of County Commissioners for the County of Weld. State of
Colorado, on behalf niche 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 506.1 I..
BACKGROUND INFORMATION
Weld ( ounty Code, Section 14, Article [I authorwes 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
pollutant: 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 a: 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 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 It. including however such provisions may
he 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.
Terra. This Agreement shall become effective on this 2.3 _ day of
2044-. The term of this Agreement shall automatically renew from ye; 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 10th of the ending
term. System shall be deemed to have accepted the change in the contracted fee for
2' 11 7 L 23 I r, 4 C()
th•,' til?piic;Ihlc term II 1}stern has (lot objected (e s:Ilrl
December t I of the clxlinnt term.
Services to he Provided by Health I)eju.ttllent. Health Depannteut agrees to
provide seavlces to System at the lee rates annually approved by die Board ()I
County Ct/nrnitssitmcrs. Observing volume discounts may apply Inr
bacteriological satnples co/tee/et/ by Weld County stall according to the 1(41owirig
schedule and on a case by case basis.
>=1 Monthly
>_S Monthly
10 Monthly,
>=20 Monthly
Methods used by Health Department in providing said services shall he in
accordance with Section I.1 -?-_'0 et seq. of the Weld County ('isle. Health
Department shall provide further services as mutually agreed upon by Health
Department and System at unres and Inr compensation as agreed to by the parties
hereto. Health Department doles not make any representations as to the adequacy of
System' s compliance with federal or state law governing the sampling O1 dunking
water, wastewater. or other environmental waters.
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.
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 (ol()rado Governmental Immunity Act as currently
written or hereafter amended, each party agrees to he reslxmsiblc 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 he construed or interpreted as a waiver. either express or
implied. ()limy provision of the Colorado Governmental linnturiity Act or any other
immunities and benefits available to the parties by law.
'Termination. lather party may terminate this Agreement upon 10 days written
notCe trl the other party at the addresses set tooth in this .Agreement. If this
Agreement is so terminated. System shall pay thai compensation to Health
Department which duly reflects the actual amount of compensation due and owing
to Health Department for services previously provided to System.
Obligations and Dunes of System. System shall perform all of the obligations and
dunes set birth in Section l --_1-_t) 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 anlounr set forth in paragraph Z of this
Agreement. and/or as may he mutually agreed to by the panics hereto. Payment
shall he due within thing I it)t days of the quarter ending.. March tI, lunc it),
September 31). and I_)ccertiher ;1 during the term uI this Agreement. It Is the
System's .esllonsihiliy to notify the Health I)eparnneat of Monitoring Schedule
changes to ensure cuntulrance requiretneuts are titer.
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2017/08/23 16:34:00 5 /7
4kAv DENTer
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. Severahility. 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 aflect 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. anti phrase thereof
irrespective of the fact that any titre or more sections. subsections, paragraphs.
sentences. clauses. or phrases may he declared to he unconstitutional or invalid.
10. Notices. Any notice provided for in this Agreement shall he in writing and shall he
served by personal delivery or by certified maul. return receipt requested. postage
prepaid. or served by facsimile with cornirm:won of receipt, at the addresses or fax
numbers set birth 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 tacsmmle shall he deemed delivered
and effective upon receipt or upon attempted personal delivery.
SYSTEM
HEALTH DEPARTMENT
Name: 'v"tiex e .
Attn: 6ry;r. tX v'
Address: Ie mrlcvt (MI A'
Address: SAtste a_
City. State. tip: fili t - CO IC.CM
Phone: _ �_ 4 I }
Email: c'}> rLt,urft,tt,i�t.t,vN
Weld County Department of Public
Health and Environment
Attn: Administration Division
1555 North 1 Th Avenue
Greeley, Colorado 80631
Phone: 970-400-2[22
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day.
month, and year first above written.
SYSTEM NAM .:
c24rt�ls t ct ie
‘1111101 nr Represeotatrvc Signature
Title: {\,J1(v2s/
Of Author zed Representative
F.,r1 npteoveet 'na H rsnatr 01 `tilt, >.Rfq ,tatei 4,' ) I s
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: Yrl iAGZ VaZ�'"'
Mark E. Wallace. M.D., MPH
Director. Weld County Department of
Public Health and Environment
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