HomeMy WebLinkAbout20120613 Frey McCargar
John P.Frey PlockiRcRootlIC John E. Hock
Ian D.McCargar ATTORNEYS AT LAW John D. Root
February 23, 2012 << _ �_
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Bruce Barker, Esq. �;+ FE6 202
Weld County Attorney's Office cl
P.O. Box 758 LJ
Greeley, CO 80632
Re: Intergovernmental Agreement, Town of Windsor and Weld County(Bill Jerke)
Dear Bruce:
On February 13, 2012, the Windsor Town Board approved the Intergovernmental Agreement
you forwarded to Mayor Vazquez in December, 2011. I am enclosing two original signed
IGA's, together with a copy of the Town Board's Resolution of approval. I am asking that you
refer the enclosed Agreement to your officials for signature, after which you may return one of
the signed duplicate originals to:
Patti Garcia, Town Clerk
Town of Windsor, Colorado
301 Walnut Street
Windsor, CO 80550
Please note that the agreements will require the date be inserted in the first paragraph.
Thank you for your attention to this request. If in the future you wish to communicate directly
with Windsor officials, please be sure to copy me, both as a professional courtesy and to allow
me to follow up for you.
FREY McCARGAR PLOCK & ROOT, LLC
Ian D. McCargar
Town Attorney, Windsor, Colorado
Enclosures
2012-0613
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The Historic Harmony Mill • 131 Lincoln Avenue Suite ioo • Fort Collins,CO 80524
tel 970-482-0212 • freymccargar.com • fax 970-482-0236
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TOWN OF WINDSOR
RESOLUTION NO. 2012-08
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN
THE TOWN OF WINDSOR AND THE COUNTY OF WELD WITH RESPECT TO THE
SHARING OF COSTS FOR THE COUNTY'S EFFORTS AT INCREASING
DISTRIBUTIONS FROM THE DEPARTMENT OF LOCAL AFFAIRS
WHEREAS, the Town of Windsor ("Town") and the County of Weld ("County") have a long
history of cooperation in a variety of endeavors; and
WHEREAS, the County has recently entered into an agreement with William Jerke, under which
Mr. Jerke will be compensated for reporting qualifying County residents employed in oil and gas
and mineral extraction activity, thus increasing the County's share of State Severance Tax and
federal mineral lease non-bonus payments distributed by the Department of Local Affairs
("DOLA Payments"); and
WHEREAS, the efforts of Mr. Jerke will benefit the Town, as the State formula for distribution
of DOLA Payments requires a certain percentage of the DOLA Payments must be allocated to
municipalities within each county; and
WHEREAS, the County has asked that the Town share in the cost of Mr. Jerke's services to
acknowledge the benefit flowing to the Town as a result of increased DOLA Payment revenue to
the Town; and
WHEREAS, the County has presented to the Town the attached Intergovernmental Agreement
for Payment of Bonus Amounts for Certain Reported Oil and Gas Employees Residing Within
Municipal Boundaries ("IGA"); and
WHEREAS, the IGA fairly allocates to the Town a portion of the cost for Mr. Jerke's services
for a one-year period; and
WHEREAS, the IGA has been reviewed by the Town Manager and Director of Finance, both of
whom have recommended the IGA be approved; and
WHEREAS, the Town Board has concluded that the IGA is proper in all respects, and promotes
the public interest.
{
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE TOWN BOARD OF THE TOWN
OF WINDSOR, COLORADO, AS FOLLOWS:
1. The attached Intergovernmental Agreement for Payment of Bonus Amounts for Certain
Reported Oil and Gas Employees Residing Within Municipal Boundaries is hereby approved by
the Town Board of the Town of Windsor.
2. The Mayor his hereby authorized to execute the said Intergovernmental Agreement in the
form attached hereto.
3. The Town Attorney is authorized to make such minor changes to the Intergovernmental
Agreement as may be necessary to assure its clarity and finalization as authorized herein.
Upon motion duly made, seconded and carried, the foregoing Resolution was adopted this 13`h
day of February, 2012.
TOWN OF DSOR COLORADO
By: ,712.
7 n S. Vazquez, a r
A�T ST: 1-
Patti Garcia, wn Clerk
� t
2
INTERGOVERNMENTAL AGREEMENT FOR PAYMENT OF BONUS AMOUNTS
FOR CERTAIN REPORTED OIL AND GAS EMPLOYEES RESIDING
WITHIN MUNICIPAL BOUNDARIES
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into effective as
of the day of , 2011, A.D. between the COUNTY OF WELD, a political
subdivision of the State of Colorado,whose address is 915 10th Street, P. O. Box 758, Greeley,
CO 80632, hereinafter referred to as"Weld County,"and the TOWN OF WINDSOR, a
municipal corporation of the State of Colorado, with address of 301 Walnut Street, Windsor, CO
80550, 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 December 29, 2010, 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 the agreement with Mr. Jerke call for the payment of
a base amount of $10,000 plus for all reported oil and gas employees residing within Weld
County over 1,630(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
the $10,000 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 the bonus amount for all reported oil and gas employees residing
within Municipality's boundaries over the average number of employees reported for their
municipality for 2009 and 2010, 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.
WITNESSETH:
NOW, TIIEREFORE, 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
MUNICIPALITY'S BOUNDARIES: Municipality agrees to pay to County the
bonus amount for all reported oil and gas employees residing within
Municipality's boundaries over the average number of oil and gas employees
reported for Municipality for 2009 and 2010. 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). The average number of oil and gas
employees reported for Municipality for 2009 and 2010 was 29. Payment shall be
made by Municipality to County at the end of the quarter when the Distributions
are received.
2. TERM: The term of this IGA shall be from January 1, 2011, to and until
December 31, 2011.
3. ENTIRE AGREEMENT: 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 this.J day of A1aAa , 2011.
ATTEST: / -- �" �— — COUNTY OF WELD, a political
Weld County-Clerk to the Board subdivision of the
„.;..- _,Li. , r State of Colorado)
_ J / ,
By: y. / ^
Deputy CI d to th B ,c ..' ,, `,. 1, William F. Garcia, Chair Pro—Tern
1661 t `;e 4 Board of County Commissioners of the
1 ` ,`,, it County of Weld 0 5 2012
,. MAR
b E
ATTEST: TOWN OF WINDSOR, a municipal
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corporation of the State of Colorado
By: J"_/l, ' By: .5 / " .;
Patti Garcia, own Clerk In Vasquez, May
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