HomeMy WebLinkAbout20150678.tiff > 6, Memorandum
TO: BOCC
FROM: Mark E. Wallace MD, MPH, Executive
l 0lj N T Y Director, Department of P ' Health &
Environment ,ly,,ir-b)rrc
DATE: 2/26/15
SUBJECT: Agreement for the Analysis of Drinking
Water
On 2/25/2015 the following Entities have submitted a signed Agreement for the Sampling and
Analysis of Drinking Water.
Crow Creek Construction LLC
Stone Mountain Lodge
We are forwarding this information according to Resolution #2001-3421 Dated December 17,
2001.
RECEIVED
MAR 0 5 20?5
WELD COUNTY
COMMISSIONERS
e..poh 2015-0678
3-1/-020/6-
AGREEMENT FOR THE
SAMPLING AND ANALYSIS OF DRINKING WATER
THIS AGREEMENT is made and entered into this _ 5rday of ceirkA ,2015,
by and between Crow Creek Construction, LLC whose address is 7251 W 20i° Street, Building
L, Suite 200, Greeley Colorado 80634, 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 17`h 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 supplies N/A persons with drinking water; and
3. Health Department possesses the necessary equipment and expertise required to
perform the sampling and analysis of the drinking 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.
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 th's Agreement.
cos
2. Term. This Agreement shall become effective 9n January 1, 2015, and shall
remain in force and effect until December 31, 2� The term of this Agreement
shall automatically renew from year to year until December 31, 2020, 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 System at the fees set forth below, during the
initial term of this Agreement:
Revised and approved I0-20t4
• k.
Type of Test Contracted Number of Samples Contracted Fee
Bacteriological
Total Coliform/Ecoli PA As Submitted $20.00
Other Available Analysis SEE PRICE LIST ON BACK OF INCLUDED COC
For each subsequent term 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 the applicable upcoming term if 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 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 System=s compliance with federal or state law
governing the sampling of drinking water.
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 also maintain copies of each report for five years, after which
such record may be destroyed. If System requires another copy of any particular
report, 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. 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, 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 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.
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
Revised and approved 10-2014
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: Crow Creek Construction, LLC
Ann: Joe Schumacher
7251 W 20th Street
Building L Suite 200
Greeley, Colorado 80634
Phone: 970-330-5070 Fax: 970-330-6044
Email: Joe@crow-creek.com
HEALTH DEPARTMENT: Weld County Department of Public
Health and Environment
Attn: Cheryl Darnell
1555 North 17th Avenue
Greeley, Colorado80631
Phone: 970-304-6415, ext. 2270
Email: cdarnell@co.weld.co.us
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day,
month, and year first above written.
SYSTEM NAME: Crow Creek Construction WELD COUNTY DEPARTMENT OF
LLC PUBLIC HEALTH AND ENVIRONMENT
by delegation from the BOARD OF
By; COUNTY COMMISSIONERSFOR THE
h Schumacher COUNTY OF WELD,ST OF
CBOLC A 012.0 t Q
T t : General Manager UK
Mark E. Wallace, M.D., MPH
Executive Director,
Weld County Department of Public
Health and Environment
Revised and approved 10-2014
AGREEMENT FOR THE
SAMPLING AND ANALYSIS OF DRINKING WATER and/or WASTEWATER
1
•
THIS AGREEMENT is made and entered into this S' day of l . 1,,1 , .2014f:
by and between Stone Mountain Lodge, whose address is 18055 N. St. 'Frain Drive, Lyons,
Colorado 80540. 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 1.4, Article 11 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 supplies ut t{:15, persons with drinking water; and
3. Health Department possesses the necessary equipment and expertise required to
perform the sampling and analysis of the drinking 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.
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 H, for the testing of Drinking Water on behalf of System. The
provisions of Weld County Code. Section 14. Article IL 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. January 1. 2015, and shall
remain in force and effect until December 31. 2015. The term of this Agreement
shall automatically renew from year to year until December 31, 2020, unless and
until otherwise sooner terminated pursuant to the provisions of paragraph 6 of this
Agreement.
Services to be Provided by Health Department. Health Department agrees to
provide the following services to System at the fees set forth below, during the
initial term of this Agreement:
Type of Test Contracted Number of Samples Contracted Fee
Bacteriological-
Total Coliform/Ecoli As Submitted 520.00
Other Analysis- As Submitted
See Laboratory Analysis and Price List
For each subsequent term of this Agreement, Health Department shall notify System of
any change in the contracted fee for the upcoming term no later than November 30' of
the ending term. System shall be deemed to have accepted the change in the contracted
fee for the applicable upcoming term if 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 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 System=s compliance with federal or state law
governing the sampling of drinking water.
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 also maintain copies of each report for five years. after which
such record may be destroyed. If System requires another copy of any particular
report. 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. 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, 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 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.
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: Stone Mountain Lodge.
Atm: ;'John's Well Service and Mindi
18055 N. St. strain Drive
Lyons. Colorado 80540
Phone: 303-823-6091
(Mindi
(John's Well Service)
HEALTH DEPA.R.TMENT: Weld County Department.of Public
Health and Environment
Attn: Cheryl Darnell
1555 North 17th Avenue
Greeley, Colorado80631
Phone:970-304-6415. ext. 2270
Email:cdarnell iico.weld.co,us
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day,
month, and year first above written.
SYSTEM NAME: Stone Mountain Lodge WELD COUNTY DEPARTMENT OF
r, PUBLIC HEALTH AND ENVIRONMENT
T �,`.•.,` 1 . - 1'` _ by delegation from the BOARD OF
.Nuttt�vrizalikcjfreSrntltivt i nururc COUNTY COMMISSIONERSFOR THE
COUNTY OF WELD,ST TE OF
Title: t ?•U t� ,
o Authotiztd Repre entatn:e 001..041 \ n n
By: �l7G�'L LJ(ix x
Mark.E. Wallace,M.D.. MPH
Director. Weld County Department
of Public Health and Environment
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