HomeMy WebLinkAbout20131573.tiffINTERGOVERNMENTAL AGREEMENT FOR PAYMENT OF BONUS AMOUNTS
FOR CERTAIN REPORTED OIL AND GAS EMPLOYEES RESIDING
WITHIN MUNICICPAL BOUNDARIES
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into effective as of the 17 day
of ,\flrn-B. , 2013, A.D. between the COUNTY OF WELD, a political subdivision of the State of
Colorado, whose address is 1150 O Street, P.O. Box 758, Greeley, CO 80632, hereinafter referred to as
"Weld County," and the CITY OF EVANS, a municipal corporation of the State of Colorado, with address
of 1100 37th Street, Evans, CO 80620, hereinafter referred to as "Municipality."
WITNESSETH:
WHEREAS, the Colorado Department of Local Affairs ("DOLA") distributes revenue derived from
energy and mineral extraction statewide, with revenues coming from State Severance Tax receipts and
Federal Mineral Lease non -bonus payments, and
WHEREAS, on October 26, 2012, the Board of County Commissioners entered into an agreement
with William Jerke to assist in ensuring that the maximum number of oil and gas employees residing
within unincorporated Weld County and the various municipalities within Weld County are reported to
the State of Colorado, and
WHEREAS, generally, the terms of agreement with Mr. Jerke call for the payment of a base
amount of $20,000 plus for all reported oil and gas employees residing within Weld County over 3,549
(residing in unincorporated Weld County), a bonus amount of 5% of the State of Colorado Severance Tax
Direct Distribution payment per employee (maximum $50), and 5% of the Federal Mineral Lease
Distribution per employee (maximum $50), paid to Mr. Jerke upon the receipt of said State and Federal
sums by the County (said distributions being collectively referred to herein as "Distributions", and
WHEREAS, Municipality recognizes that it will benefit financially from the payment of $20,000
by County, because the work performed by Mr. Jerke will most likely result in increased Distributions to
it by DOLA, and
WHEREAS, Municipality offers, through this IGA, to share in the cost of the agreement with Mr.
Jerke by paying a prorate share of the additional base of $10,000 (the increase of the base from $10,000
to $20,000) dependent upon the municipalities, percentage of the 3,549 employees counted in 2012 (as
shown on the attached Exhibit "A"), plus the bonus amount for all reported oil and gas employees
residing within their municipality in 2013 over the number of employees reported for their municipality
for 2012, and
WHEREAS, in accordance with Section 29-1-203, C.R.S., political subdivisions may cooperate or
contract with one another to provide any function, service or facility lawfully authorized to each of the
corporations or contracting entities.
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WITNESSETH:
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. PAYMENT BY MUNICIPALITY OF BONUS AMOUNTS FOR CERTAIN REPORTED OIL
AND GAS EMPLOYEES RESIDING WITHIN MUNICIPALITIE'S BOUNDARIES:
Municipality agrees to pay to County a prorate share of the additional base of
$10,000 (the increase of the base from $10,000 to $20,000) dependent upon the
municipalities percentage of the 33,549 employees counted in 2012 (as shown on
the attached Exhibit "A"), plus the bonus amount for all reported oil and gas
employees residing within their municipality in 2013 over the number of employees
reported for their municipality for 2012. The term "bonus amount" shall be the
amount of 5% of the State of Colorado severance tax direct distribution payment
per employee (maximum $50), and 5% of the federal mineral lease distribution per
employee (maximum $50). Payment shall be made by Municipality to County at the
end of the quarter when the Distributions are received.
2. TERM: The term of the IGA shall be from January 1, 2013, to and until December 31,
2013.
3. ENTIRE AGREEEMENT: This writing constitutes the entire IGA 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.
4. NO WAIVER OF IMMUNITY: No portion of this IGA shall be deemed to constitute a
waiver of any immunities the parties or their officers or employees may possess, nor
shall any portion of this IGA be deemed to have created a duty of care which did not
previously exist with respect to any person not a party to this IGA.
5. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and
agreed that the enforcement of the terms and conditions of this IGA, and all rights
of action relating to such enforcement, shall be strictly reserved to the undersigned
parties and nothing in this IGA shall give or allow any claim or right of action
whatsoever by any other person not included in this IGA. It is the express intention
of the undersigned parties that any entity other than the undersigned parties
receiving services or benefits under this IGA shall be an incidental beneficiary only.
Signed by the parties on this l7 day of JWh
ATTEST: pw�eo
Weld County to the Board
By:
Deputy Clerk Yo the Board
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ATTEST: hi•
By:
Rae:''obb, City Clerk
2013.
COUNTY OF WELD, a political
subdivision of the State of Colorado
William F. Garda, Chairman
Board of County Commissioners of
the County of Weld JUN 2 4 2013
City of Evans, a municipal
Corporation of the State of Colorado
By:
ziger, Mayor
&o/3- /593
EXHIBIT "A"
JERKE 2013 CONTRACT BASE ALLOCATION TO MUNICIPALITIES
COLORADO EMPLOYEE RESIDENCY REPORT- NUMBER OF EMPLOYEES
MUNCIPALITY Original Prorata Share of Total Share of
2012 Percent $10,000 Base $10,000 Allocation $20,000 Base
AULT 21 0.005917 $ -
DACONO 42 0.011834 $ -
EATON 59 0.016624 $ -
ERIE 11 0.003099 $ -
EVANS 446 0.125669 $ -
FIRESTONE 32 0.009017 $
FORT LUPTON 256 0.072133 $ -
FREDERICK 40 0.011271 $ -
GARDEN CITY 5 0.001409 $ -
GILCREST 34 0.00958 $ -
GREELEY 1258 0.354466 $ -
GROVER 2 0.000564 $ -
HUDSON 24 0.006762 $ -
JOHNSTOWN 109 0.030713 $ -
KEENSEBURG 17 0.00479 $ -
KERSEY - 53 0.014934 $ -
LA SALLE 74 0.020851 $ -
LOCHBUIE 68 0.01916 $ -
MEAD 14 0.003945 $ -
MILLIKEN 93 0.026205 $ -
NUNN 5 0.001409 $ -
PIERCE 16 0.004508 $ -
PLATTEVILLE 92 0.025923 $ -
RAYMER 0 0 $ -
SEVERANCE 17 0.00479 $ -
WINDSOR 80 0.022542 $ -
BRIGHTON 0 0 $ -
NORTHGLEN 0 0 $
LONGMONT 0 0 $ -
BERTHOUD 0 0 $ -
UNINCORPORATED WELD COUNTY 681 0.191885 $ 10,000.00
TOTAL
$ 59.17
$ 118.34
$ 166.24
$ 30.99
$ 1,256.69
$ 90.17
$ 721.33
$ 112.71
$ 14.09
$ 95.80
$ 3,544.66
$ 5.64
$ 67.62
$ 307.13
$ 47.90
$ 149.34
$ 208.51
$ 191.60
$ 39.45
$ 262.05
$ 14.09
$ 45.08
$ 259.23
$ 47.90
$ 225.42
$ 1,918.85
59.17
118.34
166.24
30.99
1,256.69
90.17
721.33
112.71
14.09
95.80
3,544.66
5.64
67.62
307.13
47.90
149.34
208.51
191.60
39.45
262.05
14.09
45.08
259.23
47.90
225.42
11,918.85
3549 1 $ 10,000.00 $ 10,000.00 $ 20,000.00
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