HomeMy WebLinkAbout20120078.tiff Exhibit "B"
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 Nday of cilll(Ql , 2012, 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 CITY OF GREELEY, a municipal
corporation of the State of Colorado, with address of 1000 10`h Street, Greeley, CO 80631,
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, 2011, 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 $20,000 plus for all reported oil and gas employees residing within Weld
County over 2,045 (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 $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 2,045
employees counted in 2011 (as shown on the attached Exhibit "A"), plus the bonus amount for
all reported oil and gas employees residing within their municipality in 2012 over the number of
employees reported for their municipality for 2011, 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.
2012-0078
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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
MUNICIPALITY'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 2,045
employees counted in 2011 (as shown on the attached Exhibit "A"), plus the
bonus amount for all reported oil and gas employees residing within their
municipality in 2012 over the number of employees reported for their
municipality for 2011. 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 this IGA shall be from January 1, 2012, to and until
December 31, 2012.
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.
110.5
Signed by the parties this() day of ormegri l , 2012.
ATTEST: 'fg.� COUNTY OF WELD, a political
Weld Coun y Clerk to the Board subdivision of the
State of Colorado
/ p r By. . By:
Deputy Cle to the I Poi +.% Sean Conway, Chairman
e� \ . 1. 4 %` Board of County Commissioners of the
Av II ig , County of Weld JAN 09 2012
tta� ;;7
ATTEST: - i CITY OF GREELEY, a municipal
'(/a ��/ corporation of the State of Color do it
By: By: / !�
Betsy lder, own Clerk Tom Norton, Mayor
a
THE CITY OF GREELEY COLORADO
RESOLUTION 92 , 2011
A RESOLUTION OF THE GREELEY CITY COUNCIL AUTHORIZING THE CITY TO
ENTER INTO AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF
GREELEY AND WELD COUNTY FOR PAYMENT OF BONUS AMOUNTS FOR CERTAIN
REPORTED OIL AND GAS EMPLOYEES RESIDING WITHIN CITY OF GREELEY
BOUNDARIES
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, Weld County has 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 $20,000 plus for all reported oil and gas employees residing within Weld
County over 2,045, 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, the City of Greeley recognizes that it will benefit financially from the
payment of the $20,000 by Weld County, because the work performed by Mr. Jerke will most
likely result in increased Distributions to it by DOLA, and
WHEREAS, the City of Greeley 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 2,045 employees counted in 2011 (as shown on the attached Exhibit"A"), plus the bonus
amount for all reported oil and gas employees residing within the City of Greeley in 2012 over
the number of employees reported for the City of Greeley for 2011, 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.
4I
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GREELEY, COLORADO
1. The City of Greeley, Colorado, is authorized to execute the Intergovernmental
Agreement, a copy of which is attached hereto and incorporated herein as Exhibit B.
2. City staff is hereby authorized to make changes and modifications to the Agreement
so long as the substance of the Agreement remains unchanged
3. This Resolution shall become effective immediately upon its passage, as provided by
the Greeley City Charter.
PASSED AND ADOPTED SIGNED AND APPROVED THIS 20th day of December,
2011.
ATTEST: THE CITY OF GREELEY C LORADO
A414ted
City Cle ayor
EXHIBIT"A"
JERKE 2012 CONTRACT BASE ALLOCATION TO MUNICIPALITIES
COLORADO EMPLOYEE RESIDENCY REPORT- NUMBER OF EMPLOYEES
MUNCIPALITY Original Prorata Share of Total Share of
201.1 Percent $10,000 Base $10,000 Allocation $20,000 Base
AULT 15 0.007335 $ - $ 73.35 $ 73.35
DACONO 21 0.010269 $ - $ 102.69 $ 102.69
EATON 35 0.017115 $ - $ 171.15 $ 171.15
ERIE 10 0.00489 $ - $ 48.90 $ 48.90
EVANS 286 0.139853 $ - $ 1,398.53 $ 1,398.53
FIRESTONE 17 0.008313 $ - $ 83.13 $ 83.13
FORT LUPTON 123 0.060147 $ - 5 601.47 $ 601.47
FREDERICK 24 0.011736 $ - $ 117.36 $ 117.36
GARDEN CITY 5 0.002445 $ - $ 24.45 $ 24.45
GILCREST 22 0.010758 $ - $ 107.58 $ 107.58
GREELEY 733 0.358435 $ - $ 3,584.35 $ 3,584.35
GROVER 1 0.000489 $ - $ 4.89 $ 4.89
HUDSON 15 0.007335 $ - $ 73.35 $ 73.35
JOHNSTOWN 57 0.027873 $ - $ 278.73 $ 278.73
KEENSEBURG 14 0.006846 $ - $ 68.46 $ 68.46
KERSEY 32 0.015648 $ - $ 156.48 $ 156.48
LA SALLE 38 0.018582 $ - $ 185.82 $ 185.82
LOCHBUIE 26 0.012714 $ - $ 127.14 $ 127.14
MEAD 9 0.004401 $ - $ 44.01 $ 44.01
MILLIKEN 43 0.021027 $ - $ 210.27 $ 210.27
NUNN 5 0.002445 $ - $ 24.45 $ 24.45
PIERCE 7 0.003423 $ - $ 34.23 $ 34.23
PLATTEVILLE 46 0.022494 $ - $ 224.94 $ 224.94
RAYMER 0 0 $ - $ - $ -
SEVERANCE 10 0.00489 $ - $ 48.90 $ 48.90
WINDSOR 49 0.023961 $ - $ 239.61 $ 239.61
BRIGHTON 0 0 $ - $ - $ -
NORTHGLEN 0 0 $ - $ - $ -
LONGMONT 0 0 $ - $ - $ -
BERTHOUD 0 0 $ - $ - $ -
UNINCORPORATED WELD COUNTY 402 0.196577 $ 10,000.00 $ 1,965.77 $ 11,965.77
TOTAL 2045 1 $ 10,000.00 $ 10,000.00 $ 20,000.00
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