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Home My WebLink About20133485.tiffRESOLUTION RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR TO SIGN - WILLIAM JERKE 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 WHERAS, the Board has been presented with an Agreement for Professional Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and William Jerke, commencing January 1, 2014, and ending September 1, 2014, 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 Agreement for Professional Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and William Jerke 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 December, A.D., 2013. BOARD OF COUNTY COMMISSIONERS WELD COa 1' Y, COLORADO ATTEST: Weld County Clerk to the B BY: D APP ttorney Date of signature: JAS! 1 3 2014 illiam F. Garcia, Chair n ('2 7 (c) cQivvtc C btr uglat Radema er, Pro-Tem Sean P. Conway Mike Freeman arbara Kirkmeyer a2,-a©ry 2013-3485 BC0044 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made by and between the County of Weld, State of Colorado, whose address is 915 10th Street, Greeley, Colorado, 80631 ("County"), and William H. Jerke, whose address is 22911 WCR 39, LaSalle, Colorado 80645, ("Contractor"). WHEREAS, County desires to retain Contractor as an independent contractor to perform services as more particularly set forth below; and WHEREAS, Contractor has the time available to timely perform the services, and is willing to perform the services according to the terms of this Agreement. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Engagement of Contractor. County hereby retains Contractor, and Contractor hereby accepts engagement by County upon the terms and conditions set forth in this Agreement. 2. Term. The term of this Agreement shall be from January 1, 2014, through and until September 1, 2014. 3. Services to be Performed. Contractor agrees to perform the following Services: a. Contractor shall solicit and encourage oil and gas service companies performing services for oil and gas operators working within Weld County during 2013 to report their employees' home addresses to those operators. The operators will then be encouraged by the Contractor to report such information, along with information regarding their own employees' home addresses, to the Colorado Department of Revenue, for 2014 reporting purposes. The number reported for 2013 was 4,353. Contractor shall have access to Weld County GIS and the Weld County Clerk to the Board records to accomplish his work in providing the Services contemplated herein. 4. Compensation. a. Contractor shall be paid the sum of $20,000 for the base number of 4,353 oil and gas employees residing within Weld County, paid monthly on the 15th day of the month, for five months ($4,000/month), starting in January, 2014. b. For all reported oil and gas employees' home addresses located within Weld County as recognized by the Colorado Department of Local Affairs over 4,353, a bonus amount of 5% of the State of Colorado Severance Tax Direct Distribution payment per employee (maximum $50), and 5% of the Federal 1 2013-3485 Mineral Lease Distribution per employee (maximum $50), paid to Contractor upon the receipt of said State and Federal sums by County. If, for any reason, the State does not pay the anticipated Severance Tax Direct Distribution, County will not be obligated to pay the State bonus to Contractor. c. County anticipates entering into intergovernmental agreements with municipalities located within Weld County to then receive a portion of the State and Federal distributions referred to in subsection b., above. Any amounts so received by County shall be retained by County and no amount from the receipt of such distributions shall be due and owing to Contractor. d. Contractor shall receive no compensation from County other than what is stated herein. 5. Additional Work. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated supplemental Agreement. Any change in work made without such prior supplemental Agreement shall be deemed covered in the compensation and time provisions of this Agreement. 6. Independent Contractor. Contractor agrees that Contractor is an independent contractor and that neither Contractor nor Contractor's agents or employees are, or shall be deemed to be, agents or employees of the County for any purpose. Contractor shall have no authorization, express or implied, to bind the County to any agreement, liability, or understanding. The parties agree that Contractor will not become an employee of County, nor is Contractor entitled to any employee benefits from County as a result of the execution of this Agreement. 7. Warranty. Contractor warrants that the Services performed under this Agreement will be performed in a manner consistent with the professional standards governing such Services and the provisions of this Agreement. 8. Reports County Property. All reports and other tangible materials produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 2 9. Insurance and Indemnification. Contractor shall defend and indemnify County, its officers and agents, from and against loss or liability arising from Contractor's acts, errors or omissions in seeking to perform its obligations under this Agreement. Contractor shall provide necessary workers' compensation insurance at Contractor's own cost and expense. 10. Termination. Either party may terminate this Agreement at any time without notice upon a material breach of the terms of this Agreement; however, in the event of early termination, Contractor shall be paid any amounts then due and owing as identified in Paragraph 4, above. 11. Non -Assignment. Contractor may not assign or transfer this Agreement, any interest therein or claim thereunder, without the prior written approval of County. 12. Time of Essence. Time is of the essence in each and all of the provisions of this Agreement. 13. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 14. Notices. Any notice required to be given under this Agreement shall be in writing and shall be mailed or delivered to the other party at that party's address as stated above. 15. Compliance. This Agreement and the provision of services hereunder shall be subject to the laws of Colorado and be in accordance with the policies, procedures, and practices of County. 16. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. 17. Certification. Contractor certifies that Contractor is not an illegal immigrant, and further, Contractor represents, warrants, and agrees that it has verified that Contractor does not employ any illegal aliens. If it is discovered that Contractor is an illegal immigrant, employs illegal aliens or subcontracts with illegal aliens, County can terminate this Agreement and Contractor may be held liable for damages. 18. Entire Agreement/Modifications. This Agreement contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiation, representation, and understanding or 3 agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 19. Funding Contingency. No portion of this Agreement shall be deemed to create an obligation on the part of County to expend funds not otherwise appropriated or budgeted for. 20. No Conflict. No employee of Contractor nor any member of Contractor's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor. 21. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 22. Governmental Immunity. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess. 23. No Third Party Beneficiary. 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 in this Agreement shall give or allow any claim or right of action whatsoever by any other person 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. 4 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year written below. CONTRACTOR: William H. Jerke ATTEST: CLERK TO THE BOARD By: BOARD OF COUNTY COMMISSIONERSOF WELD COUNTY By: Deputy Clerktt'o the Board Wt iam F. Garcia, Cheri man DEC 1 8 2013 5 - 3 75 Hello