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Home My WebLink About20162810.tiffRESOLUTION RE: APPROVE AGREEMENT FOR THE ANALYSIS OF WATER AND AUTHORIZE CHAIR TO SIGN - LARIMER 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 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 the Larimer County Health Department, commencing January 1, 2016, and ending December 1, 2021, 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 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 the Larimer County Health Department be and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of September, A.D., 2016, nunc pro tunc January 1, 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dailLdA) Weld County Clerk to the Board Mike Freeman, Chair Sean P. Conway, Pro -Tern yAttorney Date of signature: 1Ol S/ I CC I —t L C YYl w l TG) to rao/icy Steve Moreno 2016-2810 HL0048 hrtiraci 10* -1v68 Memorandum TO: Mike Freeman, Chair Board of County Commissioners FROM: Mark E. Wallace, MD, MPH Executive Director Department of Public Health & Environment DATE: August 17, 2016 SUBJECT: Larimer County Health Department Agreement for the Analysis of Water For the Board's approval is an Agreement for the Analysis of Water between the Larimer County Board of Health on behalf of the Larimer County Health Department (LCHD) and the Board of County Commissioners on behalf of the Weld County Department of Public Health and Environment (WCDPHE). WCDPHE has had a successful business relationship with LCHD for over 10 years. The contract has been the second largest contract bringing in $19,248.50 in revenue in 2015. 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. In January 2016, LCHD did not wish to renew their contract but WCDPHE lab staff conducted contract negotiations with LCHD and they agreed to renew their water contract with some requested modifications to the contract. Modifications included a comprehensive change to paragraph 5 regarding liability. Specifically, the Larimer County Health Department requested that the provision that required Larimer County to "release and hold harmless [Weld County] from any and all liability and/or damages..." was stricken in its entirety and replaced with language that says, in part, that "each party agrees to be responsible and assume liability for losses and liabilities caused by its own wrongful or negligent acts and omissions..." Additional minor modifications included clerical revisions to more specifically name the Larimer County Health Department (rather than Larimer County) and to correct tenses since this contract was made retroactive to January 1, 2016. The term of this contract is for six years, from January 1, 2016, through December 31, 2021. This agreement was approved for placement on the Board's agenda via pass -around dated August 3, 2016. I recommend approval of this agreement for the analysis of water with the Larimer County Health Department. 2016-2810 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue Greeley, CO 80631 Public Health www.weldhealth.org Health Administration Public Health 8 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 Out 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 January, 2016 by and between LARIMER COUNTY BOARD OF HEALTH for the use and benefit of the LARIMER COUNTY HEALTH DEPARTMENT , whose address is 1525 Blue Spruce Drive, Ft. Collins, CO 80624, hereinafter referred to as LARIMER COUNTY HEAL TH DEPARTMENT, 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 LARIMER COUNTY HEALTH DEPARTMENT 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 LARIMER COUNTY HEALTH DEPARTMENT. NOW THEREFORE, in consideration of mutual promises and covenants contained herein, the parties hereto agree as follows: AGREEMENT 1, Authorization to Act. LARIMER COUNTY HEALTH DEPARTMENT 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 Water on behalf of LARIMER COUNTY HEALTH DEPARTMENT. 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 LARIMER COUNTY HEALTH DEPARTMENT in the performance of services set forth in this Agreement. None of the Health Department employees and/or agents shall become employees of LARIMER COUNTY HEALTH DEPATMENT, and no employees of LARIMER COUNTY HEALTH DEPARTMENT shall be deemed or become employees of the Health Department by virtue of this Agreement. 2. Term. This Agreement shall be effective from January 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 Revised and approved 10-2014 otherwise sooner terminated pursuant to the provisions of paragraph 6 of this Agreement. 3. Services to be Provided by Health Department. Health Department agrees to provide the following services to LARIMER COUNTY HEALTH DEPARTMENT at the fees set forth below, during the initial term of this Agreement: Type of Test Total Coliform/E. coli Contracted Number of Samples Contracted Fee As Submitted $19.00 Other testing available upon request charged at the annually approved fee schedule rate. For each subsequent term of this Agreement, Health Department shall notify LARIMER COUNTY HEALTH DEPARTMENT of any change in the contracted tee for the upcoming term no later than November 30`x' of the ending term. LARIMER COUNTY HEALTH DEPARTMENT shall be deemed to have accepted the change in the contracted fee for the applicable upcoming term if Larimer County 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 LARIMER COUNTY HEALTH DEPARTMENT 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 LARIMER COUNTY HEALTH DEPARTMENT compliance with federal or state law governing the sampling of drinking water. 4. Records. The Health Department will provide to LARIMER COUNTY HEALTH DEPARTMENT complete copies of sampling analysis reports made by the Health Department pursuant to this Agreement. The Health Department will also maintain copies of each report for five years, after which such record may be destroyed. If LARIMER COUNTY HEALTH DEPARTMENT requires another copy of any particular report, LARIMER COUNTY HEALTH DEPARTMENT must request a copy of such report prior to the expiration of five years from the date of such report. 5. 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, LARIMER COUNTY HEALTH DEPARTMENT shall pay that compensation to Health Department which duly reflects the actual amount of compensation due and owing to Health Department for services provided to LARIMER COUNTY HEALTH DEPARTMENT up to the termination date. 7. Obligations and Duties of LARIMER COUNTY HEALTH DEPARTMENT LARIMER COUNTY HEALTH DEPARTMENT shall perform all of the obligations and duties of the supplier as set forth in Section 14-2-20 of the Weld County Code. In addition, LARIMER COUNTY HEALTH DEPARTMENT shall Revised and approved 10-2014 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. 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. LARIMER COUNTY HEALTH DEPARTMENT: LARIMER COUNTY HEALTH DEPARTMENT ATTN: MARIE MACPHERSON 1525 BLUE SPRUCE DRIVE FT. COLLINS, COLORADO 80524 Phone: 970-498-6714 Email: inmamherson(i%larimer.org HEALTH DEPARTMENT: WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT ATTN: MARK +11OMAS Tanya Geiser 1555 NORTH I 71K AVENUE GREELEY, COLORADO 80631 Phone:'? -3H zi -2 970-400-2122 Email: mt emrrit4rer e+d b .com tgeiseri<ico.weld.co.us Revised and approved 10-2014 IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day, month, and year first above written. LARIMER COUNTY HEALTH DEPARTMENT By: k .�ck1 • .- t Adncnrir LeBailly, MD Title: Director, Larimer County Health Department 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 Executive Director, Weld County Department of Public Health and Environment Revised and approved 10-2014 Agreement for the Analysis of Water with Larimer County Health Department ATTEST: Weld BY: ..0 46) lerk to the Board BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy Cl3 k to the Board j i '� ike Freeman, Chair SEP 0 7 2018 o20J li - .4V/0 Hello