HomeMy WebLinkAbout23-77 WCDPHE Agreement for the Sampling and Analysis of Water 07-26-2023RESOLUTION NO. 23-77
A RESOLUTION OF THE BOARD OFTRIJSTEES OF THE TOWN OF FIRESTONE,
FIRESTONE AND THE WELD COUNTY DEPART)QENT OF P(JBLIC HEALTH AND
ENVIRONMENT FORTHE SAMPLING AND ANALYSIS OF DRINKING WATER
AND PERMITTED POLLUTANTI)ISCHARGES
WHE'RLAS, the'l-own of Firestone ("fown-) is in need of continued sampling and
analysis of drinking water for required monthly. quarterly, bi-annually and annually drinking
water testing, and
W111,A.FAS, Weld County Department ot'Public Health and Environment. ("WC10HE")
is currently contracted to perl'orm sampling and analysis of drinking .vater for the "Yown's State
approved Water Monitoring Plan through December 31, 1-023 and
'Wf 11"iRl"AS the Town in 2024 will also need testing and analysis of pern:iirted pollutant
W1 IEREAS, staff recommends that theTown continue its relationship with WCDl1f 1E
TOWN OF FIRESTONE, C01_0RADO:
TheAgreement between the Town of l"irestone and Weld County Department of Public
Flealth and Environment for the sampling and analysis ofdrinking water and permitted pollutant
discharges is approved in substantially the same form as the copy attached hereto and made a
patl of this resolution and the Mayor is authorized to execute the Agreement on behalf ofthe
!Kris KABlashor,_(NCTown Clerk
APPROVED A� TO M�
AGREEMENT . 11-113 SAMPLING ND ANALYSIS SIS ATDI _
THIS AGREEMENT is made and entered into this 28 day of AUGUST 2023 by
and between # is FIRESTONE whose address
is 9950 PARK AVE, FIRESTONE80504 (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 Pub ic Hea and Env ronment (herema er
referred to as "Health Department"), and whose office is located at 1555 North 17'h Avenue,
Colorado 8063
BACKGROUND INFORMATION
pollutants
3 Health Department possesses the necessary equipment and expertise required to
perform the sampling and analysis of the 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.
the parties hereto agree as follows:
herebyAGREEMENT
1. Authofi2atjp�� The System authorizesDepartment ♦ perform
Agreement
lit
7Obligations and Duties of System. System shall perform all of the obligations and dutiesset forth in
Section 14-2-20 ct scq. of the Weld County Code. in addition, System shall pay for the service's
rendered by Health Department pursuant to this Agreement according to the contracted amount set
forth in paragraph 3 of this Agreement, andlor as may be mutually agreed to by the parties hereto by
written amendment or separate agreement. 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 AWement. It is
the Syste&s responsibility to notify the, Health Department of Monitoring Schedule changes to ensure
compliance requirements are met,
8. )YZ 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 afthis Agreement be deemed to or create a duty of care with respect to persons not a party to
this Agreement.
9. Tf 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 wouldhave entered into
this Agreement and each and every section, subsection, paragmpb, sentence, clause, and phrase
thereof irrespective of the fact that any one orinore sections, subsections, paragraphs, sentonces,
clauses, or phrases may be declared to be unconstittitional, or invalid.
10, Notice Any notice provided for m this Agreementsball be in writing and shall beaerved by personal
delivery or by certified mareturn receipt requested, postage prepaor served by facsimile with
confirmation OfTeceipt, at the addresses, -or fax numbers, set forth in this ABreement� until such time
as, written notice of a change is rcecivcd 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.
do IAA 11 MINOR
KOO, t-11 MWOUIT 171ARPT71N,
11EALT14 DEPARTMENT!
Weld County Department of Public
Health and Environment
swj
1555 North 17ti, Avenue
Greeley, Colorado 80631
Phone: 970-400-2122
IN"W"I'fNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day, month, and
year first above written.
SYSTEM NAME: TOWN OF NRESTONE
By:
Authorized c enta ive Signature
Title. Mayor, Pro Tom
Authori7ed Representative
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
By delegation from the BOARD OF COUNTY COMMISSIONERS FOR THE COUNTY OF WELD,
STATE OF C01,0RADO
+By-.
I)i rector, Welol C
P"x utive )Irector'W�l CoueCy Department of Public Health and Environment
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