HomeMy WebLinkAbout20174126.tiffMemorandum
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: November 21, 2017
SUBJECT: Agreement for the Sampling and Analysis of
Water
Tri-County Health Department 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.
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AGREEMENT FOR THE SAMPLING AND ANALYSIS OF WATER
THIS AGREEMENT is made and entered into this 02154- day of pOgembe e , 2017 , by
and between Tri-County Health Department , whose address
is 6162 S. Willow Drive, Greenwood Village, CO 80111 (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, 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
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. r'
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, 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 alb day of Nu er be,r ,
2017 . 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 System at the fee rates annually approved by the Board of
County Commissioners. Observing volume discounts may apply for
bacteriological samples collected by Weld County staff according to the following
schedule and on a case by case basis.
Frequency
Discount
>=1 Quarterly
10%
>=1 Monthly
20%
>=5 Monthly
25%
>=10 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 provide further services as mutually agreed upon by Health
Department and System at times and for compensation as agreed to by the parties
hereto. 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. 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.
Form approved via Resolution 2016-2809 dated 9/7/2016 Page 2 of3
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:
Name: Tri-County Health Department
Attn: Brian Hlavacek
Address: 6162 S. Willow Drive
Address: Suite 100
City, State, Zip: Greenwood Village, CO 801
Phone: 303-220-9200
Email: bhlavacek(2i tchd.org
HEALTH DEPARTMENT: Weld County Department of Public
Health and Environment
Attn: Administration Division
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.
John M. Uglas, Jr., M.D.
Title: Executive Director
Of Authorized Representative
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
Form approved via Resolution 2016-2809 dated 9/7/2016
Page 3 of 3
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