HomeMy WebLinkAbout20112908.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR PROVISION OF
ADMINISTRATIVE SERVICES AND AUTHORIZE CHAIR TO SIGN - WELD COUNTY
FEDERAL MINERAL LEASE ACT DISTRICT
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Intergovernmental Agreement for the
Provision of Administrative Services between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, and the Weld County Federal
Mineral Lease Act District, acting by and through its Board of Directors, commencing
October 26, 2011, with further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Intergovernmental Agreement for the Provision of
Administrative Services between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, and the Weld County Federal Mineral Lease
Act District, acting by and through its Board of Directors, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 2nd day of November, A.D., 2011, nunc pro tunc October 26, 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: t.Z7T - /z L UiU Oh
Barbara Kirkmeyer,,;,hair
Weld County Clerk to the Board
EXCUSED
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+� Sean P. Con ay, Pro-Tem
BY:
Deputy C rk to the Bo 61 -
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APPAOV�4ASA.O Fr ® F £7
/ David E. Long d
*bnty Attorney s , 5-)(c) T �- /
BSuglat Rademaac er
Date of signature: 1/-
or 9 to bohnu 6 . Cam: C.d/l.a-e ,≤1 2011-2908
Il_i- /I 8-// SD0136
INTERGOVERNMENTAL AGREEMENT FOR THE
PROVISION OF ADMINISTRATIVE SERVICES
This Intergovernmental Agreement for the Provision of Administrative Services (the
"IGA"), dated as of November 2, 2011, is between the County of Weld, State of Colorado (the
"County"), acting by and through its Board of County Commissioners (the "BOCC") and the
Weld County Federal Mineral Lease Act District (the "District"), acting by and through its board
of directors (the "District Board").
WITNESSETH:
WHEREAS, the District was formed through Resolution Number 2011-2263 on
August 17, 2011, nunc-pro-tunc, June 29, 2011, and
WHEREAS, the District Board has recommended a Service Plan for the District which
the BOCC has approved through Resolution Number 2011-2889 on October 31, 2011 (the
"Service Plan"), and
WHEREAS, the Service Plan provides that the District may contract for certain
administrative services for the District pursuant to an intergovernmental agreement, and
WHEREAS, the District and the County intend this IGA to set forth the terms and
conditions under which County shall provide administrative services for the District.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. During the term of this Agreement, County shall provide the following administrative
and related services to the District:
a. Provide meeting and conference room space.
b. Maintain District financial records and arranging for the inclusion of the District
financials in the County's annual audit including serving as liaison with the
auditor and submission of the District financial statements to the Department of
Local Affairs. The District shall remain responsible for paying for the cost of the
annual audit of the District's financial statements as a separate cost.
c. Provide treasury services, including, but not limited to, deposit, investment of
surplus funds, payments, accounting and reporting of all cash transactions in a
separate fund.
d. Provide payroll services for the District. IRS reporting of payroll shall use the
District's IRS Employee Identification Number, 45-3017513.
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2011-2908
e. Such other administrative services as may be requested by the District Board and
agreed upon by the County.
2. As compensation for providing administrative services as outlined above, District shall
pay to County the sum of Fifty Dollars ($50.00) per month.
3. The initial term of this IGA shall be from October 26, 2011, through December 31, 2011.
Unless terminated by one of the parties as provided below, the term of this IGA shall be
extended for additional one year terms through the end of the existence of the District.
Either party to this IGA may terminate it upon 30 days' written notice to the other party.
4. County shall provide the administrative services to be provided under this IGA as an
independent contractor and County's employees providing such services shall not be
employees of the District. County shall be responsible for worker's compensation and all
other benefits for County's employees. Neither the County nor any employee of County
shall be entitled to unemployment insurance benefits through the District.
5. Any notice required under this IGA may be personally delivered or mailed in the United
States mails, first class postage prepaid to the party to be served at the following
addresses:
District: Weld County Federal Mineral Lease Act District
% David Long
P.O. Box 758
1150 O Street
Greeley, Colorado 80632
County: Board of Commissioners of the County of Weld
P.O. Box 758
1150 O Street
Greeley, Colorado 80632
Notices personally served shall be deemed served on the date of delivery. Notices mailed
shall be deemed served the next business day following the date of mailing if mailed in
the State of Colorado otherwise on the date which is two business days following the date
of mailing.
6. This IGA constitutes the entire agreement between the parties concerning the provision of
administrative services by County for District and may not be amended except by a
written document executed by both parties hereto.
7. This IGA may be executed in any number of counterparts, each of which shall be deemed
an original, and which together shall constitute a single instrument.
8. This IGA shall be governed by and construed in accordance with the internal laws of the
State of Colorado without reference to choice of laws rules. The parties agree that venue
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in any action to enforce or interpret this IGA shall be in the District Court in the
Nineteenth Judicial District for the State of Colorado.
Weld ty Federal Mineral Lease Act District
2 ea.71 e, -31- t1
By: David E. Long Date
Title: Chair
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CLDO
dill DJV022011
arbara Kirkmeyer, hair G'�� Date
ATTEST: 3 •
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Weld County Clerk to the Board
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BY:
Deputy Clerk the Board Ism
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