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HomeMy WebLinkAbout20251070.tiffResolution Approve Intergovernmental Agreement for Payment of Federal Mineral Lease Funds for Water Testing Program and Authorize Chair to Sign — 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 Payment of Federal Mineral Lease Funds for the Water Testing Program between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Health and Environment, and the Federal Mineral Lease Act District, commencing April 14, 2025, 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 Payment of Federal Mineral Lease Funds for the Water Testing Program between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Health and Environment, and the Federal Mineral Lease Act District, 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 Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 21st day of April, A.D., 2025, nunc pro tunc April 14, 2025: Perry L. Buck, Chair: Aye Scott K. James, Pro-Tem: Aye Jason S. Maxey: Aye Lynette Peppler: Aye Kevin D. Ross: Aye Approved as to Form: Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board C c . CT$(E ��, $ o c c(KF), Act (cr/Ru/co) 0S /0,14 /25 2025-1070 SD0136 H L0058 INTERGOVERNMENTAL AGREEMENT FOR THE PAYMENT OF FEDERAL MINERAL LEASE FUNDS THIS INTERGOVERNMENTAL AGREEMENT for the Payment of Federal Mineral Lease Funds (the "IGA"), dated as of April 14, 2025, is between the Weld County Federal Mineral Lease Act District (the "District"), acting by and through its board of directors (the "District Board"), and the County of Weld, State of Colorado (the "County"), acting by and through its Board of County Commissioners (the `BOCC"). 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 approved a Service Plan for the District, which the BOCC has approved on October 25, 2011 (the "Service Plan"), which allows the District to "distribute, on an annual basis, all of the funding that the District receives from DOLA, except such funds as expended or reserved for administrative expenses, as permitted by C.R.S. § 30-20-1307 (1)(b), to areas within the unincorporated areas of Weld County that are socially or economically impacted by the development, processing, or energy conversion of fuels and minerals leased under the Federal "Mineral Lands Leasing Act" of February 25, 1920, as amended," and WHEREAS, District has received from the Weld County Department of Public Health and Environment a proposal for funding of the continuation of the water testing program started in 2011 for inciividuals with water wells in areas of energy development. WHEREAS, the District and the County intend this IGA to set forth the terms and conditions under which the District shall pay to County funding the District receives from DOLA, as allowed by the District Service Plan, to pay for the continuation of the water testing program. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. District agrees to pay to County the sum of $80,575 in 2025 for the continuation of the water testing program started in 2011. 2. Any notice to be delivered pursuant to 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 % Jason S. Maxey, Chair P.O. Box 758 1150 O Street Greeley, Colorado 80632 2025-1070 1 L1/21/25 SDol3ko t-NL005% 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. 3. 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. 4. 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. 5. 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 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 COUNTY FEDERAL MINERAL LEASE ACT DISTRICT By: Jason S. Maxey, C : rm. , Weld County Federal Mineral Lease Act District Board of Directors ATTEST: dalfeti%le�;' f j�e_` ARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board CIO BY: Deputy Clerk to the Boar APPROVED AS TO FUNDING: ontroller APPROVED AS TO FORM: 0 County Attorney D COUNTY, COLODO citiv j'S, APPROV AS TO S.VBSTANACE: k, Chair APR 2 1 2025 Elected Official or Department Head 2 7 - (DO Houstan Aragon From: Sent: To: Cc: Subject: Cheryl Pattelli Tuesday, April 15, 2025 3:52 PM Houstan Aragon; Bruce Barker; Karin McDougal; Matthew Conroy; Byron Howell; Adria Schiel; Rusty Williams CTB; Karla Ford; Chris D'Ovidio RE: SIGNATURE REVIEWS: Two (2) IGAs for Federal Mineral Lease Funds Since these are mine, I approve • Thanks! From: Houstan Aragon <haragon@weld.gov> Sent: Tuesday, April 15, 2025 3:50 PM To: Bruce Barker <bbarker@weld.gov>; Karin McDougal <kmcdougal@weld.gov>; Matthew Conroy <mconroy@weld.gov>; Byron Howell <bhowell@weld.gov>; Adria Schiel <aschiel@weld.gov>; Cheryl Pattelli <cpattelli@weld.gov>; Rusty Williams <rwilliams@weld.gov> Cc: CTB <CTB@co.weid.co.us>; Karla Ford <kford@weld.gov>; Chris D'Ovidio <cdovidio@weld.gov> Subject: SIGNATURE REVIEWS: Two (2) IGAs for Federal Mineral Lease Funds Good afternoon, Please review and advise as to placement on the Monday, April 21, 2025, Agenda. Please also remember to reply -all to this email. Cheryl — Please respond from the Department Head stance fior approval of substance. Rusty — Please respond from the Controller stance for approval of funding. (Also for your benefit — This is written confirmation for approval to list on said agenda in lieu of being routed through OnBase) Thank you, COUNTY, CO Houstan Aragon Deputy Clerk to the Board Desk: 970-400-4224 P.O. Box 758, 1150 O St., Greeley, CO 80632 00000 Join Our Team IMPORTANT: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribuion or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Houstan Aragon From: Sent: To: Cc: Subject: Good morning, Houstan. I approve these IGAs. Thanks. Rusty Williams Wednesday, April 16, 2025 8:39 AM Houstan Aragon; Bruce Barker; Karin McDougal; Matthew Conroy; Byron Howell; Adria Schiel; Cheryl Pattelli CTB; Karla Ford; Chris D'Ovidio RE: SIGNATURE REVIEWS: Two (2) IGAs for Federal Mineral Lease Funds From: Houstan Aragon <haragon@weld.gov> Sent: Tuesday, April 15, 2025 3:50 PM To: Bruce Barker <bbarker@weld.gov>; Karin McDougal <kmcdougal@weld.gov>; Matthew Conroy <mconroy@weld.gov>; Byron Howell <bhowell@weld.gov>; Adria Schiel <aschiel@weld.gov>; Cheryl Pattelli <cpattelli@weld.gov>; Rusty Williams <rwilliams@weld.gov> Cc: CTB <CTB@co.weld.co.us>; Karla Ford <kford@weld.gov>; Chris D'Ovidio <cdovidio@weld.gov> Subject: SIGNATURE REVIEWS: Two (2) IGAs for Federal Mineral Lease Funds Good afternoon, Please review and advise as to placement on the Monday, April 21, 2025, Agenda. Please also remember to reply -all to this email. Cheryl — Please respond from the Department Head stance for approval of substance. Rusty — Please respond from the Controller stance for approval of funding. (Also for your benefit — This is written confirmation for approval to list on said agenda in lieu of being routed through OnBase) Thank you, COUNTY, CO Houstan Aragon Deputy Clerk to the Board Desk: 970-400-4224 P.O. Box 758, 1150 O St., Greeley, CO 80632 01.000 Join Our Team IMPORTANT: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or °then/vise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 Houstan Aragon From: Sent: To: Cc: Subject: Adria Schiel Friday, April 18, 2025 2:30 PM Houstan Aragon; Bruce Barker; Karin McDougal; Matthew Conroy; Byron Howell CTB RE: SIGNATURE REVIEWS: Two (2) IGAs for Federal Mineral Lease Funds I approve as to form, grant authority to stamp my name, please place on the agenda. COUNTY C) Adria Schiel Assistant Weld County Attorney Weld County Attorney's Office Desk: 970-400-4392 P.O. Box 758,1150 O St., Greeley, CO 80632 011000 Join Our Team IMPORTANT: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Houstan Aragon <haragon@weld.gov> Sent: Thursday, April 17, 2025 3:24 PM To: Bruce Barker <bbarker@weld.gov>; Karin McDougal <kmcdougal@weld.gov>; Matthew Conroy <mconroy@weld.gov>; Byron Howell <bhowell@weld.gov>; Adria Schiel <aschiel@weld.gov> Cc: CTB <CTB@co.weld.co.us> Subject: RE: SIGNATURE REVIEWS: Two (2) IGAs for Federal Mineral Lease Funds Importance: High Good afternoon, Please review and advise as to form, authority to stamp your name, and for placement on Monday, April 21, 2025, Agenda. Please remember to reply all with your response. Thanks, COUNTY, CO Hello