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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 GILCREST, a
municipal corporation of the State of Colorado, with address of 304 8th Street, P.O. Box 128,
Gilcrest, CO 80623, 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.
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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 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 $50). The average number of oil and gas
employees reported for Municipality for 2009 and 2010 was 16. Payment shall be
made by Municipality to County at the end of the quarter when the Distributions
are received.
2. TERM: The term of this IGA shall be from January 1, 2011, to and until
December 31, 2011.
3. ENTIRE AGREEMENT: This writing constitutes the entire IGA between the
parties hereto with respect to the subject matter herein, and shall be binding upon
said parties, their officers, employees, agents and assigns and shall inure to the
benefit of the respective survivors, heirs, personal representatives, successors and
assigns of said parties.
4. NO WAIVER OF IMMUNITY: No portion of this IGA shall be deemed to
constitute a waiver of any immunities the parties or their officers or employees
may possess, nor shall any portion of this IGA be deemed to have created a duty
of care which did not previously exist with respect to any person not a party to
this IGA.
5. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly
understood and agreed that the enforcement of the terms and conditions of this
IGA, and all rights of action relating to such enforcement, shall be strictly
reserved to the undersigned parties and nothing in this IGA shall give or allow
any claim or right of action whatsoever by any other person not included in this
IGA. It is the express intention of the undersigned parties that any entity other
than the undersigned parties receiving services or benefits under this IGA shall be
an incidental beneficiary only.
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Signed by the parties this023 d y of F-brrrlcrif , 2011.
ATTEST: 7-7,�.1� COUNTY OF WELD, a political
Weld County Clerk to the Board subdivision of the
State of Colorado
By: %HA j'XJY�''
Deputy Cl to tlf'$o arbara Kir yer, Ch
1 l Board of County Commissioners of the
Bbt It < County of Weld FEB 2. 2 2011
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ATTEST: °U SS TOWN OF GILCREST, a municipal
corporation of the State of Colorado
By: � By: 41,P0-4 4
ab('
Yol nda Sandoval, Town Clerk Menda Warne, Mayor
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