HomeMy WebLinkAbout20153602.tiff DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
t;;�°� .�t 1555 North 17th Avenue
r 'jf Greeley, CO 80631
couN" 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.
Memorandum
To: BOCC
From: Dr. Mark E. Wallace MD, MPH, Executive Director, Department of Public Health and
Environment
CC: Trevor Jiricek RECEIVED
Date: 11-2-15
NOV 0 4 2015
Re: Agreement for the Analysis of Water Testing
WELD COUNTY
COMMISSIONERS
On October 22nd,2015 the following entities have submitted a signed agreement for the analysis of water by the
Weld County Health Department Laboratory.
1. Mill Iron Mining
The Laboratory is forwarding this information according to Resolution#2001-3421 Date December 17,2001.
Once the contracts have been signed by the Director,one copy needs to be made for the customer file and the Health
Department Administration Manager.
Please, return the customer copy to the laboratory to forward on to the customer.
I I , � _ ,cam 2015-3602
t ` , s
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
y r , ! 1555 North 17th Avenue
;CP-
ir"! r i 1 Greeley, CO 80631
o N Public Health
www.weldhealth.org ti21,
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 sere,we are working to make Weld County the healthiest place to live.leant,work,and play.
AGREEMENT FOR THE
SAMPLING AND ANALYSIS OF WASTEWATER
THIS AGREEMENT is made and entered into this day of 0C—Y-08e--7 ,2015 by
and between Mill Iron Mining, whose address is &14n69-9-4iltffterme, Greeley CO 8063 1,5q5 ,,(3Q„--)
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 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
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 November 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.
Revised and approved 10-2014
4
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:
Type of Test Contracted Number of Samples Contracted Fee
pH/Temperature $16.00
Total Suspended Solids $16.00
Potentially Dissolved Selenium $20.50
Oil & Grease Visual $2.00
Other testing available upon request charged at the annually approved fee schedule rate.
For each subsequent term of this Agreement, Health Department shall notify 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 31st
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 Systems
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
• a
A
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: HEALTH DEPARTMENT:
Mill Iron Mining Weld County Department of Public
Health and Environment
4 ' 64th-Est_.-_.__. _ Attn: Mark Thomas
. c-)1- Greele O6-3_-1- 1555 North 17th Avenue
C�✓�'� lel Co 6, - - Greeley, Colorado 80631
C/7c. _`ti(e C6/U Erirpg"iti44.ifgruilZilig.ronl Phone: 970 -304-6415, ext. 2273
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tit i I 1 _ I r �.n . C'C• 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.
Mill Iron Minin
WELD COUNTY DEPARTMENT OF
By: - PUBLIC HEALTH AND ENVIRONMENT
horized Represe e Signatu e by delegation from the BOARD OF
COUNTY COMMISSIONERSFOR THE
Title: ����� COUNTY OF WELD,STATE OF
Of Authorized Repre esatertive
COLO c _ 1. /�
By: ww�.
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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