HomeMy WebLinkAbout20221105.tiffRESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR USE OF WELD COUNTY OIL
AND GAS ENERGY DEPARTMENT STAFF TO ASSIST WITH 1041 OIL AND GAS
LOCATION ASSESSMENT ENFORCEMENT AND AUTHORIZE CHAIR TO SIGN -
CITY OF EVANS
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
Use of Weld County Oil and Gas Energy Department Staff to Assist with 1041 Oil and Gas
Location Assessment Enforcement 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 Oil
and Gas Energy, and the City of Evans, commencing upon full execution of signatures, and
ending April 30, 2023, 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 Use of Weld County Oil
and Gas Energy Department Staff to Assist with 1041 Oil and Gas Location Assessment
Enforcement 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 Oil and Gas Energy, and the City
of Evans, 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 18th day of April, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELCOUNTY, COLORADO
ATTEST: da4/0
S
Weld County Clerk to the Board
County ttorney
Date of signature: 1412.1/aa
tt K. James, Chair
reeman, Pro-Tem
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1-I /25 /22
2022-1105
OG0002
INTERGOVERNMENTAL AGREEMENT FOR USE OF WELD COUNTY OIL AND
GAS ENERGY DEPARTMENT STAFF TO ASSIST WITH 1041 OIL AND GAS
LOCATION ASSESSMENT ENFORCEMENT FOR THE CITY OF EVANS.
THIS AGREEMENT is made and entered into this I $01 day of April, 2022, by and
between the CITY OF EVANS, COLORADO, a Colorado Home Rule Municipality, by and
through its City Council with offices located at 1100 37th Street, Evans, Colorado 80620
(hereinafter referred to as "City") and COUNTY OF WELD, COLORADO, a Colorado Home
rule County, by and through the Board of County Commissioners for Weld County, with offices
located at 915 10th Street, Greeley, Colorado 80632 (hereinafter referred to as "County ")
WITNESSETH
WHEREAS, intergovernmental agreements to provide functions or services, including
the sharing of costs of such services or functions, by political subdivisions of the State of
Colorado, are specifically authorized by C R S § 29-1-203, and other sections of the Colorado
Revised Statutes, and
WHEREAS, the City of Evans is in need of assistance with 1041 Oil and Gas Location
Assessment regulations and hearings, and
WHEREAS, Weld County has an established Oil and Gas Energy Department
(hereinafter referred to as "OGED") that regularly enforces 1041 regulations and conducts 1041
hearings, and
WHEREAS, Weld County is willing and able to share the services of its Oil and Gas
Energy Department with the City of Evans, pursuant to the terms of this Agreement, in order to
assist the City of Evans with 1041 regulations and hearings
NOW, THEREFORE, in consideration of the mutual promises and covenants expressed
herein, Weld County and the City of Evans hereby agree as follows
1. Sharing of County Oil and Gas Energy Department 1041 Services: The County
agrees to have its OGED staff spend a portion of their time, as needed, assisting the City
with implementation of 1041 regulations inclusive of processing 1041 applications, and
conducting 1041 hearings on behalf of and in coordination with the City as outlined in
this Agreement The County shall keep careful track of all OGED staff time spent on
each 1041 Oil and Gas Location Assessment Application ("Application") The County
shall bill the City for all costs of said staff time and related costs incurred by the County
for providing services to the City as outlined in Exhibit A, Payment Schedule, which may
be updated annually
2. City's Development Review: The City shall be responsible for ensuring all the City's
resolutions, ordinances, codes, regulations, agreements, or other enactments of the City
are adhered to by all parties who submit an Application to the County and the City In
addition, the City shall be responsible for making the final determination of whether to
approve, deny, or come to another decision for each Application submitted to the County
and City
2022-1105
3. Cost and Reimbursement:
a Application Processing. The City shall pay an initial payment of ten thousand
dollars ($10,000 00) to the County for each Application submitted to the County
and the City, within thirty (30) days of receipt of the Application The County
shall provide a final invoice to the City with the total price for all services and
costs within thirty (30) days of the City notifying the County that the OGED
Hearing Officer's Final Order was ratified by the City The final invoice will
reflect the actual OGED staff time and costs spent on the matter The City shall
have thirty (30) days from the date of the final invoice to remit payment to the
County for any amount due and owing on the final invoice after the initial
$10,000 00 payment is applied to the invoice balance In the event that the OGED
actual staff time and costs is less than the initial $10,000 00 payment, the County
shall reimburse any amounts owed to the City within thirty (30) days of the City
ratifying the OGED Hearing Officer's Final Order Except as otherwise provided
in this Agreement, all direct and indirect services rendered to the City by the
County pursuant to the terms of this Agreement shall be billed to the City at the
per hour rates specified in Exhibit A, Payment Schedule, which may be updated
annually
b Enforcement and Other Services. The City may request the County to perform
additional services outside of application processing including, but not limited to,
re-evaluating an Application or Final Order, rehearing an Application in front of
the OGED Hearing Officer, holding a suspension or revocation hearing,
conducting regular or continuing inspections, or other enforcement activities All
associated OGED staff time and costs will be invoiced to the City within thirty
(30) days of the conclusion of the services provided The City shall pay any
invoice from the County within thirty (30) days of the invoice date Except as
otherwise provided m this Agreement, all direct and indirect services rendered to
the City by the County pursuant to the terms of this Agreement shall be billed to
the City at the per hour rates specified in Exhibit A, Payment Schedule, which
may be updated annually
4. Term: The Agreement becomes effective upon signature of the County and the City
The term of this Agreement shall be from the date of signature hereunder to and until
April 30, 2023, after which time this Agreement shall automatically renew from year to
year, unless terminated sooner pursuant to the terms and conditions set forth in this
Agreement
S. Termination: This Agreement may be unilaterally terminated by any party with or
without cause by providing ninety (90) days' written notice to the other party
6. Assignment: No Party may assign this Agreement without prior written consent from
the other Party
7. Compliance with Laws The County and the City agree to comply with the applicable
provisions of all federal, state, or local laws or ordinances and all lawful orders, rules,
and regulations issued thereunder, and any provisions, representations or agreements, or
contractual clauses required thereby to be included or incorporated by reference or
operation of law in this Agreement
S. Modification: This Agreement contains the entire Agreement and understanding
between the Parties and hereby supersedes any other agreements concerning the subject
matter of this transaction, whether oral or written No modification, amendment,
novation, renewal, or other alteration of or to this Agreement shall be deemed valid or of
any force or effect whatsoever, unless mutually agreed upon in writing by the Parties No
breach of any term, provision or clause of this Agreement shall be deemed waived or
excused, unless such waiver of consent shall be in writing and signed by the party
claimed to have so waived or consented Any consent by any Party to, or waiver of, a
breach by the other, whether express or implied, shall not constitute a consent, waiver of,
or excuse for any other different or subsequent breach
9. Governmental Immunity: No portion of this Agreement shall be deemed a waiver,
express or implied, of any immunities, rights, benefits, protections, or other provisions
which a party, or its officers, employees, or agents, may possess pursuant to the Colorado
Governmental Immunity Act § 24-10-101, et seq , CRS, as applicable now or hereafter
amended
10. 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 a
decision shall not affect the validity of the remaimng portions 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 might be declared
to be unconstitutional or invalid
11. Third Party Beneficiary Enforcement: It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action
relating to such enforcement, shall be strictly reserved to the undersigned parties and
nothing m this Agreement shall give or allow any claim or right of action whatsoever by
any other party not included in this Agreement It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving services
or benefits under this Agreement shall be an incidental beneficiary only
12. Parties Relationship. The Parties to this Agreement intend that the relationship between
them contemplated by this Agreement is that of independent entities working in mutual
cooperation Employees, staff, and agents of any one party hereto are not to be
considered employees, staff or agents of any other party hereto for any purposes and said
persons may not hold themselves out as employees or agents of any other party hereto or _
otherwise make any representation or commitment on behalf of any other party hereto
No party shall be in any way required to provide any pecumary benefits, salaries, wages,
or fringe benefits to employees, staff or agents of the other party
13. No Guarantee by Weld County: The City acknowledges that although the goal of
services to be performed by the OGED is to confirm compliance with all current 1041
regulations for all Applications, County makes no guarantee as to the effectiveness of
such services in achieving such goal
14. Notice: Any notice to be given under this Agreement shall either be hand delivered, with
signed receipt, or mailed to the party to be notified at the address set forth herein, with
signed receipt, or by facsimile with confirmation, until such time as wntten 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 shall be deemed delivered and
effective upon receipt or upon attempted delivery This method of notification shall be
used m all instances, except for emergency situations when immediate notification to the
parties is required
15. Entire Agreement: This writmg constitutes the entire Intergovernmental Agreement
between the parties hereto with respect to the subject matter herein, and shall be binding
upon said parties, their officers, employees, agents and assigns and shall inure to the
benefit of the respective survivors, heirs, personal representatives, successors and assigns
of said parties
Any demand or notice to either party maybe given to the other party by addressing the
wntten notice to
Weld County Jason Maxey
Director, Oil & Gas Energy Department
1301 N 17th Avenue
Greeley, CO 80631
City of Evans Anne Best Johnson
Community Development Director
1100 37th Street
Evans, CO 80620
[INTENTIONALLY LEFT BLANK]
ATTEST {-' '' BOARD OF COUNTY COMMISSIONERS
Weld Cy Clerk to the Bo d WELD COUNTY, COLORADO
BY
Deputy Clerk to the Boar
APPROVED AS TO FORM
Weld County Attorney
City of Evans Attorney
cott K James, Chair APR 1 8 2022
CITY OF EVANS,
STATE OF COLORADO
Bnan Rudy, Mayor
EXHIBIT A — Payment Schedule
Application Processing: At the time of an Application submittal to the County and the City, the
City shall pay an initial payment of ten thousand dollars ($10,000 00) to the County per
Application
The City shall promptly notify the County after the Hearing Officer's Final Order has been
ratified by the City no later than seven (7) days after ratification Within thirty (30) days of the
City ratifying the OGED Hearing Officer's Final Order, the County shall provide an updated
final invoice to the City with the total price for all services and costs The final invoice will
reflect the actual time spent on the matter by the OGED staff and any costs associated with the
services provided The City shall have thirty (30) days from the date of the final invoice to remit
payment to the County for any amount due and owing on the final invoice after the initial
$10,000 00 payment is applied to the invoice balance In the event the OGED actual staff time
and associated costs is less than the initial $10,000 00 payment from the City, the County shall
reimburse any amounts owed to the City within thirty (30) days of the City ratifying the OGED
Hearing Officer's Final Order
Enforcement and Other Services: The City may request the County to perform additional
services outside of application processing including, but not limited to, re-evaluating an
Application or Final Order, rehearing an Application in front of the OGED Hearing Officer,
holding a suspension or revocation hearing, conducting regular or continuing inspections, or
other enforcement activities All associated OGED staff time and costs will be invoiced to the
City within thirty (30) days of the conclusion of the services provided The City shall pay any
invoice from the County within thirty (30) days of the invoice date
Except as otherwise provided in this Agreement, all direct and indirect services rendered to the
City by the County pursuant to the terms of this Agreement shall be billed to the City at the per
hour rates listed below and as updated annually by the County
Staff Member
Hourly Rate
Clerical Stephanie Fredenck or Elisa Kunkel
$79 01
Jennifer Teeters
$89 21
Amanda Petzold
$95 26
Kelly Holliday
$111 24
Jason Maxey
$154 68
Hearing Officer David Kulmann
$90 00
CITY OF EVANS, COLORADO
RESOLUTION NO. 11-2022
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN
INTERGOVERNMENTAL AGREEMENT WITH WELD COUNTY FOR THE USE OF
WELD COUNTY OIL AND GAS ENERGY DEPARTMENT STAFF TO ASSIST WITH
1041 OIL AND GAS LOCATION ASSESSMENT PERMITTING AND ENFORCEMENT
IN THE CITY OF EVANS
WHEREAS, the City Council of the City of Evans, Colorado, pursuant to Colorado statute
and the Evans City Charter, is vested with the authority of administering the affairs of the City of
Evans, Colorado, and
WHEREAS, City Council has designated Areas and Activities of State Interest in the
City of Evans, and
WHEREAS, City Council has adopted 1041 regulations for Areas and Activities of State
Interest in the City of Evans, and
WHEREAS, the City of Evans is in need of assistance with 1041 Oil and Gas Location
Assessment regulations and hearings, and
WHEREAS, intergovernmental agreements to provide functions or services, including
the sharing of costs of such services or functions, by political subdivisions of the State of
Colorado, are specifically authorized by C R S § 29-1-203, and other sections of the Colorado
Revised Statutes, and
WHEREAS, Weld County has an established Oil and Gas Energy Department
(hereinafter referred to as "OGED") that regularly enforces 1041 regulations and conducts 1041
hearings, and
WHEREAS, Weld County is willing and able to share the services of its Oil and Gas
Energy Department with the City of Evans, pursuant to the terms of this Agreement, in order to
assist the City of Evans with 1041 regulations and hearings
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EVANS, COLORADO AS FOLLOWS:
1 The City Council authorizes the Mayor to execute the Intergovernmental Agreement
attached hereto as Exhibit A with Weld County for se of the Weld County Oil and
Gas Energy Department staff to assist with 1041 Oil and Gas Location Assessment
permit review, processing and enforcement for the City of Evans
1
INTRODUCED AND PASSED AT A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF EVANS ON THIS 4th DAY OF APRIL, 2022.
ATTEST:
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`\ OE CITY OF EVANS, COLORADO
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_ ..,,_+. Lc -£ . ki :. _ By: l
Ju e Kamka, City Clerk �, _ Brian Rudy, Mayor
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PRA D ", illitior
2
INTERGOVERNMENTAL AGREEMENT FOR USE OF WELD COUNTY OIL AND GAS
ENERGY DEPARTMENT STAFF TO ASSIST WITH 1041 OIL AND GAS LOCATION
ASSESSMENT ENFORCEMENT - CITY OF EVANS
APPROVED AS TO SUBSTANCE:
Elected Official or De' ''FEa ment Head
APPROVED AS TL1 FUNDING:
Director of Finance
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