HomeMy WebLinkAbout20122868.tiff RESOLUTION
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 October 15, 2012, and ending
September 1, 2013, 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 10th day of October, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
•
ATTEST:
7-5-
Sean P. Conway L
Weld County Clerk to the Board ('151
Late% William F. Garcia, ro-T6m
BY:IL1/-y
Deputy Clerk o the :f:rd my �� , �� u i� ,7ey- t
k ar ara Kirkmeyer
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APP' : EDA �hi � O� i � � .,J{
David E. Long
.un y Attorney EXCUSED
Douglas Rademacher
Date of signature: /7�p(ii.
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2012-2868
BC0043
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made this 10th day of October, 2012, 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 October 15, 2012,through and until
September 1, 2013.
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 2012 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 2013 reporting
purposes. The number for 2012 was 3,549. 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 3,549 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, 2013.
b. For all reported oil and gas employees' home addresses located within Weld
County as recognized by the Colorado Department of Local Affairs over
3,549, a bonus amount of 5% of the State of Colorado Severance Tax Direct
2012-2868
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Distribution payment per employee (maximum $50), and 5% of the Federal
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.
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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
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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.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of October 10,
2012.
CONTRACTOR:41.2 William H. Jerke ben"ATTEST: Ia. nis# BOARD OF COUNTY
CLERK TO T BOARD COMMISSIONERSOF WELD COUNTY
By: /� .i/! / i . �� ; By: ci
Deputy Cler to the Bo�y��s L®' Sean P. Conway, Chairman
OCT 102012
11b1
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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 510.000 Allocation $20,000 Base
• AULT 21 0.005917 $ - $ 59.17 $ 59.17
DACONO 42 0.011834 $ - $ 118.34 $ 118.34
EATON 59 0.016624 $ - $ 166.24 $ 166.24
ERIE 11 0.003099 $ - $ 30.99 $ 30.99
EVANS 446 0.125669 $ - $ 1,256.69 $ 1,256.69
FIRESTONE 32 0.009017 $ - $ 90.17 $ 90.17
FORT LUPTON 256 0.072133 $ - $ 721.33 $ 721.33
FREDERICK 40 0.011271 $ - $ 112.71 $ 112.71
GARDEN CITY 5 0.001409 $ - $ 14.09 $ 14.09
GILCREST 34 0.00958 $ - $ 95.80 $ 95.80
GREELEY 1258 0.354466 $ - $ 3,544.66 $ 3,544.66
GROVER 2 0.000564 $ - $ 5.64 $ 5.64
HUDSON 24 0.006762 $ - $ 67.62 $ 67.62
JOHNSTOWN 109 0.030713 $ - $ 307.13 $ 307.13
KEENSEBURG 17 0.00479 $ - $ 47.90 $ 47.90
KERSEY 53 0.014934 $ - $ 149.34 $ 149.34
LA SALLE 74 0.020851 $ - $ 208.51 $ 208.51
LOCHBUIE 68 0.01916 $ - $ 191.60 $ 191.60
MEAD 14 0.003945 $ - $ 39.45 $ 39.45
MILLIKEN 93 0.026205 $ - $ 262.05 $ 262.05
NUNN 5 0.001409 $ - $ 14.09 $ 14.09
PIERCE 16 0.004508 $ - $ 45.08 $ 45.08
PLATTEVILLE 92 0.025923 $ - $ 259.23 $ 259.23
RAYMER 0 0 $ - $ - $ -
SEVERANCE 17 0.00479 $ - $ 47.90 $ 47.90
WINDSOR 80 0,022542 $ - $ 225.42 $ 225.42
BRIGHTON 0 0 $ - $ - $ -
NORTHGLEN 0 0 $ - $ - $ -
LONGMONT 0 0 $ - $ - $ -
BERTHOUD 0 0 $ - $ - $ -
UNINCORPORATED WELD COUNTY 681 0.191885 $ 10,000.00 $ 1,918.85 $ 11,918.85
TOTAL 3549 1 $ 10,000.00 $ 10,000.00 $ 20,000.00
Esther Gesick
From: Bruce Barker
Sent: Thursday, October 04, 2012 12:16 PM
To: billjerke@aol.com
Cc: Esther Gesick; Don Warden
Subject: FW: CERR's 2013
Attachments: 2013 Jerke Agreement.docx
Bill:
See the attached. Please sign and return to me. I changes the dates and the numbers. Note that I have the start date
being October 15, 2012. I will put this on the agenda for Board approval on Wednesday,October 10, 2012. If you could
sign and return to Esther next Wednesday that would be great!
Thanks! Hope all is going well.
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
1150"O"Street
Greeley, CO 80632
(970) 356-4000,ext.4390
Fax: (970) 352-0242
yy_M �,
Confidentiality Notice: 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 attorney privileged and 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: Don Warden
Sent: Wednesday, October 03, 2012 9:24 PM
To: Bruce Barker
Cc: Commissioners; Monica Mika; Barb Connolly
Subject: FW: CERR's 2013
Bruce,
Bill Jerke has agreed to the terms the Commissioners wanted for his 2013 contract, which is the same contract ($20,000
base)with the only change to the contract increasing the base for the bonus incentive from the prior number of 2,045
employees reported to the new base number of employees being 3,549. Bill would like to get started making early
contacts, so the sooner we can amend the contract and get it to him to sign and get the Commissioners'approval the
better. Looking at last year's contact the 2,045 number is embedded in 2 or 3 paragraphs, so it may be easier to just
change the entire contact to reflect the 3,549 number of employees. Once you have the contract just send it directly to
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Bill for signature. We will then have to send out the same letter and IGA to the municipalities to see if they want to
participate in the cost sharing arrangement again.
Thanks,
Donald D. Warden
Director of Budget and Management Analysis
Finance and Administration
PO Box 758
1150 O Street
Greeley, CO 80632
tel: 970-356-4000 Extension 4218
email: dwarden@co.weld.co.us
II 1
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Confidentiality Notice: 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: Don Warden
Sent: Wednesday, October 03, 2012 9:10 PM
To: 'billjerke@aol.com'
Subject: RE: CERR's 2013
Bill,
Thanks, I will have Bruce get the amended contract to you. Looking forward to another good year for us all!
Donald D. Warden
Director of Budget and Management Analysis
Finance and Administration
PO Box 758
1150 O Street
Greeley, CO 80632
tel: 970-356-4000 Extension 4218
email:dwarden(dco.weld.co.us
II tf
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Confidentiality Notice: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
2
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: billjerke@aol.com [mailto:billierke@aol.coml
Sent: Wednesday, October 03, 2012 5:27 PM
To: Don Warden; billjerke(&aol.com
Subject: Re: CERR's 2013
Hi Don,
I'm happy to be of service again and will work with the terms as you wrote them. Feel free to prepare the agreement and I
will get started with some early contacts.
Thanks,
Bill
Original Message
From: Don Warden <dwarden(a�co.weld.co.us>
To: bilijerke <billierke(raaol.com>
Cc: Bruce Barker<bbarker(aco.weld.co.us>; Monica Mika <mmikaaco.weld.co.us>
Sent: Tue, Oct 2, 2012 5:01 pm
Subject: RE: CERR's 2013
Bill,
I talked with the Commissioners on a conference call this afternoon about your proposal. The county paid the
bulk of the $20,000 last year because a number of municipalities where not players on that part of the contract.
The Commissioners' feeling is that the $20,000 covers out of pocket expenses and covers a reasonable
amount of the compensation for your time invested. In light of the bonus amount received this last year and
the feeling that there is still potential for growth in the number of employees in the 2013 reporting with all the
activity and permits taken out the Commissioners are not willing to increase the $20,000 to $30,000, even with
the threshold going to 3,549. They were all in agreement on this one. They feel it is fair to you and to the
taxpayers.
Hopefully, you can appreciate their position and we can move forward with a new agreement for 2013 with the
only amendment being the 3,549 threshold for the incentive bonus.
Donald D. Warden
Director of Budget and Management Analysis
Finance and Administration
PO Box 758
1150 O Street
Greeley, CO 80632
tel: 970-356-4000 Extension 4218
email: dwardenanco.weld.co.us
r1" r •
L. rl
Confidentiality Notice: 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
3
taking of any action concerning the contents of this communication or any attachments by anyone other than
the named recipient is strictly prohibited.
From: billjerke@aol.com [mailto:billjerkeCcilaol.com]
Sent: Tuesday, October 02, 2012 1:20 PM
To: Don Warden; billjerke@aol.com
Subject: CERR's 2013
Hi Don,
I hope my note finds you well. Now that the dust has settled on our CERR project for 2012 I want to let you and the
Commissioners know of my interest to help again in 2013. I would like to work on the CERR project for 2013 and feel,
unless the Commissioners have different ideas, that we probably don't need to re-invent the wheel with respect to our
agreement.
I would work the project again with just 2 changes to the contract. I would change the threshold for the incentive bonus
from 2,045 to this year's final number: 3,549.
In return for the higher threshold for bonus I would like to boost the January-May diligence money from the current
$20,000 to $30,000, payable at$6,000 per month for the 5 months.
I don't know how this works with respect to the County deal with the Municipalities. My guess is that it is still relatively
miniscule when compared to the nearly 8.4 million dollars the entire CERR program brings in from state and federal
governments.
Let me know if you, or the Commissioners, would like to talk about it or if it makes sense to everyone you and/or Bruce
could prepare a new agreement.
Thanks,
Bill
970-284-6061
970-371-2532
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Hello