HomeMy WebLinkAbout20161113.tiff 1861 Memorandum
�! TO: Mike Freeman, Chair
G O N T Y Board of County Commissioners nQ -
FROM: Mark E. Wallace, MD, MPH,
Executive Director
Department of Public Health & Environment
DATE: March 22, 2016
SUBJECT: Agreement for the Analysis of Drinking
Water
On March 21, 2016, Hirschfeld Backhoe and Pipeline submitted a signed Agreement for the
Sampling and Analysis of Water. We are forwarding a copy of this agreement according to
Resolution #2001-3421 dated December 17, 2001.
7 E9 2016-1113
3-0)13-R0
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
cP% 1555 North 17th Avenue, Greeley, CO 8O631 www.weldhealth.org
AGREEMENT FOR THE ANALYSIS OF WATER
THIS AGREEMENT is made and entered into this / 9 ' '�2i 2 / ,2016
by and between Hirschfeld Backhoe and Pipeline, whose address is 9201 Bruin, PO Box 127,
Frederick,CO 80530,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 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 the System 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 the
System.
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 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 The 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
The System,and no employees of the System shall be deemed or become employees
of the Health Department by virtue of this Agreement.
2. Term. This Agreement shall become effective on Marchl,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.
3. Services to be provided by Health Department. Health Department agrees to provide
the following services to The System at the fees set forth below, during the initial
term of this Agreement:
Health Administration Public Health& Environmental Health Communication, Emergency Preparedness r3
Vital Records Clinical Services Services Education R.Planning &Response
Tele:970-304-6410 Tele:970-304-6420 Tele:970-304-6415 Tele:970-304-6470 Tele:970-304-6470
Fax: 970-304-6412 Fax: 970-304-6416 Fax: 970-304-6411 Fax: 970-304-6452 Fax: 970-304-6452 PablicHealth
Type of Test Contracted Number of Samples Contracted Fee
Bacteriologic!
Total Coliform/E.coli As Submitted $20.00
Additional Analysis See Price list on back of 2016 COC
For each subsequent term of this Agreement,Health Department shall notify The System of
any change in the contracted fee for the upcoming term no later than November 30th of the
ending term. The System shall be deemed to have accepted the change in the contracted fee
for the applicable upcoming term if The System 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 The System 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 The System compliance with federal or state law governing the sampling of drinking
water.
4. Records. Health Department will provide to the System 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 the System requires another copy of any particular
report,The System 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. The System 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, The 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 the System.
7. Obligations and Duties of the System. The System shall perform all of the
obligations and duties set forth in Section 14-2-20 of the Weld County Code. In
addition, The 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.
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.
THE SYSTEM: Hirschfeld Backhoe and Pipeline
Attn: Doug Hirschfeld
PO Box 127
Frederick, Colorado 80530
Phone: 303 776-2080
Email: kg_hirschfeld@hotmail.com
HEALTH DEPARTMENT:
Weld County Department of Public
Health and Environment
Attn: Mark Thomas
1555 North 17th Avenue
Greeley, Colorado 80631
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.
HIRSCHF BAC E AND PIPELINE WELD COUNTY DEPARTMENT OF
r p / PUBLIC HEALTH AND ENVIRONMENT
By: Gary ,!e' by delegation from the BOARD OF
Ai hor' epresentative Sign re COUNTY COMMISSIONERSFOR THE
Title: //:;)--675<lets 7L COUNTY OF WELD,STATE OF
Of Authorized Representative COLO DO
By:
Mark E. Wallace,M.D., MPH
Executive Director,
Weld County Department of Public
Health and Environment
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