HomeMy WebLinkAbout20110494.tiff RESOLUTION
RE: APPROVE STANDARD FORM OF INTERGOVERNMENTAL AGREEMENT FOR
PAYMENT OF BONUS AMOUNTS FOR CERTAIN REPORTED OIL AND GAS
EMPLOYEES RESIDING WITHIN MUNICIPAL BOUNDARIES
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
WHEREAS, the Board has been presented with the Standard Form of Intergovernmental
Agreement for the Payment of Bonus Amounts for Certain Reported Oil and Gas Employees
Residing within Municipal Boundaries between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, and various municipalities,
commencing January 1, 2011, and ending December31, 2011, and
WHEREAS, after review, the Board deems it advisable to approve said Standard Form
of Intergovernmental Agreement for the Payment of Bonus Amounts for Certain Reported Oil
and Gas Employees Residing within Municipal Boundaries, 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 Standard Form of Intergovernmental Agreement for the
Payment of Bonus Amounts for Certain Reported Oil and Gas Employees Residing within
Municipal Boundaries between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, and various municipalities be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign any agreements consistent with said form of agreement.
2011-0494
3\ \\`\\ BC0042
STANDARD FORM OF INTERGOVERNMENTAL AGREEMENT FOR PAYMENT OF BONUS
AMOUNTS FOR CERTAIN REPORTED OIL AND GAS EMPLOYEES RESIDING WITHIN
MUNICIPAL BOUNDARIES
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 16th day of February, A.D., 2011, nunc pro tuns January 1, 2011.
BOARD OF COUNTY COMMISSIONERS
WELD UNTY, C RADO
ATTEST:
iJ Bar ara Kirkmeye , Chair
Weld County Clerk ' e >
1861 _
BY: "� ,( �O:�•, Sean P.90 way, Pro-T�rs�
Deputy Clerk to th1'%fir rot)," Willi F. arcia
APPROVED AS TO FORM: CJ
David E. Long /
eAdi
/ ( CP / Q CL*
/1c��,Cou'ity Atto ey �>yla� G�
I Douglas/Rademach
Date of signature: 3/(V-1)--(1"/i
2011-0494
BC0042
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 , a
municipal corporation of the State of Colorado, with address of
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.
2011-0494
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 . 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 day of , 2011.
ATTEST: COUNTY OF WELD, a political
Weld County Clerk to the Board subdivision of the
State of Colorado
By: By:
Deputy Clerk to the Board Barbara Kirkmeyer, Chair
Board of County Commissioners of the
County of Weld
ATTEST: Name of City or Town, a municipal
corporation of the State of Colorado
By: By:
, Town Clerk , Mayor
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