HomeMy WebLinkAbout20161114.tiff 1861 Memorandum
• TO: Mike Freeman, Chair
v N T Y% Board of County Commissioners
FROM: Mark E. Wallace, MD, MPH,
Executive Director
Department of Public Health & Environment
DATE: March 21, 2016
SUBJECT: Agreement for the Analysis of Drinking
Water
On February 9, 2016, Salud Family Health submitted a signed Agreement for the Sampling and
Analysis of Drinking Water. We are forwarding a copy of this agreement according to Resolution
#2001-3421 dated December 17, 2001.
qapa`th 2016-1114
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue
ri p Greeley, CO 80631
c o u T Y ti Public Health
www.weldhealth.org
Health Administration Public Health& Environmental Health Communication, Emergency Preparedness
Vital Records Clinical Services Services Education&Planning &Response
Tele:970-304-6410 Tele:970-304-6420 Tele:970-304-6415 Tele:970-304-6470 Tele:970-304-6420
Fax: 970-304-6412 Fax: 970-304-6416 Fax: 970-304-6411 Fax: 970-304-6452 Fax: 970-304-6469
Our vision:Together with the communities we serve,we are working to make Weld County the healthiest place to live,learn,work,and play.
AGREEMENT FOR THE
ANALYSIS OF WATER
THIS AGREEMENT is made and entered into this 1st day of March, 2016 by and between
SALUD FAMILY HEALTH, whose address is 203 South Rollie Avenue,Fort Lupton, CO 80621,
hereinafter referred to as SALUD FAMILY HEALTH,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 pollutant discharges for those persons and
entities holding permits to discharge pollutants into state waters; and
2. Health Department possesses the necessary equipment and expertise required to
perform the sampling and analysis of the drinking water for SALUD FAMILY
HEALTH as required by federal law; and
3. 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
SALUD FAMILY HEALTH.
NOW THEREFORE, in consideration of mutual promises and covenants contained herein,
the parties hereto agree as follows:
AGREEMENT
1. Authorization to Act. SALUD FAMILY HEALTH hereby authorizes the 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 SALUD
FAMILY HEALTH. 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 SALUD FAMILY HEALTH in the
of the Health Department
of services set forth in this Agreement. None
performancegp
employees and/or agents shall become employees of SALUD FAMILY HEALTH,
and no employees of SALUD FAMILY HEALTH shall be deemed or become
employees of the Health Department by virtue of this Agreement.
2. Term. This Agreement shall become effective on March 1,2016,and shall remain in
force and effect until December 31, 2021. The term of this Agreement shall
automatically renew from year to year until December 31, 2021, unless and until
otherwise sooner terminated pursuant to the provisions of paragraph 6 of this
Agreement.
Revised and approved 10-2014
3. Services to be Provided by Health Department. Health Department agrees to provide
the following services to SALUD FAMILY HEALTH at the fees set forth below,
during the initial term of this Agreement:
Type of Test Contracted Number of Samples Contracted Fee
Total Lead As Submitted $20.50
Other testing available upon request charged at the annually approved fee schedule rate.
For each subsequent term of this Agreement, Health Department shall notify SALUD
FAMILY HEALTH of any change in the contracted fee for the upcoming term no later than
November 30th of the ending term. SALUD FAMILY HEALTH shall be deemed to have
accepted the change in the contracted fee for the applicable upcoming term if SALUD
FAMILY HEALTH has not objected to said change prior to December 31 of the ending term.
Methods used by Health Department in providing said services shall be in accordance with
Section 14-2-20 of the Weld County Code. Health Department shall provide further services
as mutually agreed upon by Health Department and SALUD FAMILY HEALTH 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 SALUD FAMILY HEALTH compliance with federal or state law governing the
sampling of drinking water.
4. Records. Health Department will provide to SALUD FAMILY HEALTH complete
copies of sampling analysis reports made by Health Department pursuant to this
Agreement. Health Department will also maintain copies of each report for five
years, after which such record may be destroyed. If SALUD FAMILY HEALTH
requires another copy of any particular report, SALUD FAMILY HEALTH must
request a copy of such report prior to the expiration of five years from the date of
such report.
5. Release and Hold Harmless. SALUD FAMILY HEALTH 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.
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, SALUD FAMILY HEALTH 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 SALUD FAMILY HEALTH.
7. Obligations and Duties of SALUD FAMILY HEALTH. SALUD FAMILY
HEALTH shall perform all of the obligations and duties set forth in Section 14-2-20
of the Weld County Code. In addition,SALUD FAMILY HEALTH 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.
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.
Revised and approved 10-2014
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.
SALUD FAMILY HEALTH: HEALTH DEPARTMENT:
SALUD FAMILY HEALTH Weld County Department of Public
Attn: Ed Hendrikson Health and Environment
203 South Rollie Ave Attn: Mark Thomas
Ft. Lupton, CO 80621 1555 North 17th Avenue
Phone: 303-892-6401 Greeley, Colorado 80631
Email: ehendrikson@saludclinic.org Phone: 970 -304-6415, ext. 2273
Email: mthomas@weldgov.com
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day,
month, and year first above written.
SALUD FAMILY HEALTH
By Lz WELD COUNTY DEPARTMENT OF
Authorized Representative Signature PUBLIC HEALTH AND ENVIRONMENT
fv � ` � ��� �✓ by delegation from the BOARD OF
Title: fir ,� ,, , , COUNTY COMMISSIONERSFOR THE
Of Authorized Representative
P/ I), 1',a-c COUNTY OF WELD,STATE OF
COLORADO
By:
Mark E. Wallace, M.D., MPH
Executive Director,
Weld County Department of Public
Health and Environment
Revised and approved 10-2014
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