HomeMy WebLinkAbout20152956.tiff 1861 Memorandum
TO: Barbara Kirkmeyer, Chair
OCOWNTY' Board of County Commissioners
FROM: Mark E. Wallace, MD, MPH,
Executive Director
Department of Public Health & Environment
DATE: September 3, 2015
SUBJECT: Agreement for the Analysis of Drinking
Water
On August 31, 2015, the entities listed below have 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.
1. Foster Management for Pelican Shores North
2. Foster Management for Pelican Shores South
2015-2956
t
AGREEMENT FOR THE
SAMPLING AND ANALYSIS OF LAKE WATER
THIS AGREEMENT is made and entered into this /7 day of ITIA, ). ,2015,
by and between Foster Management for Pelican Shores North whose address is PO Box 6125,
Longmont Colorado 80501 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, the
testing of pollutant discharges for those persons and entities holding permits to
discharge pollutants into state waters, natural bathing areas and Ski lakes; and
2. System supplies 0 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 H, 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 July 1, 2015 and shall remain in
force and effect until December 31, 2020. 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 10-2014
! r-
� y
Type of Test Contracted Number of Samples Contracted Fee
Bacteriological- Seasonal
Total Coliform/Ecoli One(1)Collected Monthly $42.30
Additional Analysis SEE PRICE LIST ON BACK OF CHAIN OF CUSTODY
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.
Revised and approved 10-2014
{ .
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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: Pelican Shores Lake North
Attn: Kevin Lucas
PO Box 6125
Longmont, Colorado 80501
Phone: 303 532-4148
Email: Kevin@fostermgnt.net
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@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.
by delegation from the BOARD OF
PELICAN S RES NORTH COUNTY COMMISSIONERSFOR THE
COUNTY OF WELD,STATE�OF\
BY ( COLORADO - .
Authori d Representative Signature By: /V� � / �c�2-4.S
Title: Mark E. Wallace, M.D., MPH
Of A thonzed Representative Executive_Director,
Weld County Department of
PublicHealth and Environment
WELD COUNTY DEPARTMENT OF
PUBLIC HEALTH AND ENVIRONMENT
Revised and approved 10-2014
•
AGREEMENT FOR THE
SAMPLING AND ANALYSIS OF LAKE WATER
THIS AGREEMENT is made and entered into this day of ,2015,
by and between Foster Management for Pelican Shores South whose address is PO Box 6125,
Longmont Colorado 80501 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`"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, the
testing of pollutant discharges for those persons and entities holding permits to
discharge pollutants into state waters, natural bathing areas and Ski lakes; and
2. System supplies 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 this Agreement.
2. Term. This Agreement shall become effective on July 1, 2015 and shall remain in
force and effect until December 31, 2020. 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 10-2014
Type of Test Contracted Number of Samples Contracted Fee
Bacteriological- Seasonal
Total Coliform/Ecoli One (1)Collected Monthly $42.30
Additional Analysis SEE PRICE LIST ON BACK OF CHAIN OF CUSTODY
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`h 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.
Revised and approved 10-2014
r
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: Pelican Shores Lake South
Attn: Kevin Lucas
PO Box 6125
Longmont, Colorado 80501
Phone: 303 532-4148
Email: Kevin@fostermgmt.net
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@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.
by delegation from the BOARD OF
PELICAN SHORES SOUTH COUNTY COMMISSIONERSFOR THE
COUNTY OF WELD,STATE OF
By. LgA epre tIv 5IgnaLure BOL,OF�4-�
Title: i. Mark E. Wallace, M.D., MPH
'6 �f Authorized Representative Executive Director,
Weld County Department of Public
Health and Environment
WELD COUNTY DEPARTMENT OF
PUBLIC HEALTH AND ENVIRONMENT
Revised and approved 10-2014
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