HomeMy WebLinkAbout20110531.tiff INTERGOVERNMENTAL AGREEMENT FOR PAYMENT OF BONUS AMOUNTS
FOR CERTAIN REPORTED OIL AND GAS EMPLOYEES RESIDING
WITHIN MUNICIPAL BOUNDARIES
THIS INTE GOVERNMENTAL AGREEMENT is made and entered into effective as
of the r day o 2011, A.D. between the COUNTY OF WELD, a political
subdivision of the tate of C ora o, whose address is 915 10th Street, P. O. Box 758, Greeley,
CO 80632, hereinafter referred to as "Weld County," and the TOWN OF ERIE, a municipal
corporation of the State of Colorado, with address of 645 Holbrook Street, P.O. Box 750, Erie,
CO 80516, 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 $50). The average number of oil and gas
employees reported for Municipality for 2009 and 2010 was 6. Payment shall be
made by Municipality to County at the end of the quarter when the Distributions
are received.
2. TERM: The term of this IGA shall be from January 1, 2011, to and until
December 31, 2011.
3. ENTIRE AGREEMENT: This writing constitutes the entire IGA between the
parties hereto with respect to the subject matter herein, and shall be binding upon
said parties, their officers, employees, agents and assigns and shall inure to the
benefit of the respective survivors, heirs, personal representatives, successors and
assigns of said parties.
4. NO WAIVER OF IMMUNITY: No portion of this IGA shall be deemed to
constitute a waiver of any immunities the parties or their officers or employees
may possess, nor shall any portion of this IGA be deemed to have created a duty
of care which did not previously exist with respect to any person not a party to
this IGA.
5. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly
understood and agreed that the enforcement of the terms and conditions of this
IGA, and all rights of action relating to such enforcement, shall be strictly
reserved to the undersigned parties and nothing in this IGA shall give or allow
any claim or right of action whatsoever by any other person not included in this
IGA. It is the express intention of the undersigned parties that any entity other
than the undersigned parties receiving services or benefits under this IGA shall be
an incidental beneficiary only.
4
Signed by the parties this day of 2011.
ATTEST: ��-- COUNTY OF WELD, a political
Weld County Clerk$he 8P e ' subdivision of the
` :' State o Colorado
By: B :
Deputy C tk th otwya ! arbara Kirkme er, Chai
C- m Board of County Commissioners of the
County of Weld FEB 2. 2011
ATTEST: TOWN OF ERIE, a municipal
corporation of the State of Colorado
-
By. cy er, Clerk p1 OF B,y JolsonMayor
f SEAL `
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f+ti 'c2toRP?or
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I
COLORADO EMPLOYEE RESIDENCY REPORT- NUMBER OF EMPLOYEES
MUNCIPALITY
2009 2010 AVERAGt
AULT 10 5 8
DACONO 13 10 12
EATON 34 22 28
ERIE 5 6 6
EVANS 266 174 220
FIRESTONE 15 9 12
FORT LUPTON 158 101 130
FREDERICK 33 11 22
_ GARDEN CITY 5 2 4 -
GILCREST 16 16 16
GREELEY 662 435 548
GROVER 0 1 1
HUDSON 22 13 18
JOHNSTOWN 49 31 40
KEENSEBURG 20 15 18
KERSEY 26 15 21
LA SALLE 39 20 30
LOCHBUIE 21 18 20
MEAD 8 5 7
MILLIKEN 40 27 34
NUNN 0 0 0
PIERCE 5 4
PLATTEVILLE 49 33 41
RAYMER 0 0 0
SEVERANCE 7 4 6
WINDSOR 34 24 29
2 0 1
BRIGHTON 0 v
NORTHGLEN 0 0
•
0 0 0 .
LONGMONT
BERTHOUD 0 0 0
UNINCORPORATED WELD COUNTY 423 300 361
TOTAL 1962 1300 1630
•
RESOLUTION NO. 11-24
A RESOLUTION OF THE TOWN OF ERIE, COLORADO APPROVING AN
INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE COUNTY
OF WELD AND THE TOWN OF ERIE FOR PAYMENT OF BONUS AMOUNTS
FOR CERTAIN REPORTED OIL AND GAS EMPLOYEES RESIDING WITHIN
MUNICIPAL BOUNDARIES; AND SETTING FORTH DETAILS IN RELATION
THERETO
WHEREAS,the Colorado Department of Local Affairs (DOLA) distributes
revenue derived from energy and miner extraction statewide, with revenues coming from
State Severance Tax receipts and Federal Mineral Lease non-bonus payments; and
WHEREAS, the Weld County Commissioners have entered into an agreement to
assist 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, the Town of Erie will benefit financially from the County's
agreement, the Town of Erie agrees to share in the cost of this agreement; and
WHEREAS, the Board of Trustees of the Town of Erie believes it is in the best
interest of the Town to enter into such an agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
TRUSTEES OF THE TOWN OF ERIE, COLORADO, AS FOLLOWS:
Section 1. That the Intergovernmental Agreement for Payment of Bonus
Amounts For Certain Reported Oil & Gas Employees Residing Within Municipal
Boundaries between the County of Weld and the Town of Erie a copy of which is
attached hereto and incorporated herein by reference, is found to be a reasonable and
acceptable agreement.
Section 2. That the Town of Erie be and is hereby authorized and directed to
enter into the Intergovernmental Agreement for Payment of Bonus Amounts For Certain
Reported Oil & Gas Employees Residing Within Municipal Boundaries, and the
appropriate Town officers are hereby authorized and directed to sign and bind the Town
of Erie to said Agreement.
Section 3. That entering into the Intergovernmental Agreement for Payment of
Bonus Amounts For Certain Reported Oil & Gas Employees Residing Within Municipal
Boundaries is found to be in the best interest of the Town of Erie, and necessary for the
preservation of the public health and safety.
•
ADOPTED AND APPROVED THIS 8TH DAY OF FEBRUARY, 2011, BY
THE BOARD OF TRUSTEES OF THE TOWN OF ERIE, COLORADO.
TOWN OF ERIE,
a Colorado municipal corporation
By:, Ii L I �.GGv--a
Joseph`A. Wilson, Mayor
ATTEST:
t
By: AT
Nan y J. , MC, Town Clerk o;
yR
Nancy J. Parker
Town Clerk
Town of Erie
TECEWEID
P,O. Box 750
Erie, CO 80516
nparkerna,ereico.gov
FEB 1 1 2011 (303)926-2731
February 10, 2011
Mr. Bruce T. Barker
Weld County Attorney
P.O. Box 758
Greeley, CO 80632
Re: IGA for Payment of Bonus Amounts for
Certain Reported Oil and Gas Employees
Dear Mr. Barker:
Enclosed please find a signed copy of the above referenced Intergovernmental
Agreement approved by the Town of Erie Board of Trustees on February 8. 2011. Please
return a signed copy back to me for our files.
Thank you.
Sincerely,
VelAh-{
Na cy J arker, CMC
Town Clerk
Enclosure
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