HomeMy WebLinkAbout20112832.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE
CHAIR TO SIGN -WILLIAM JERKE
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 an Agreement for Professional Services
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and William Jerke, commencing November 1, 2011, and
ending September 1, 2012, with further terms and conditions being as stated in said agreement,
and
WHEREAS, after review, the Board deems it advisable to approve said agreement, 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 Agreement for Professional Services between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
and William Jerke be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 26th day of October, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:'3� 7zfti -/Ic-/J/ t--
,Barbara Kirkmeyer, hair
Weld County Clerk to the Board
• ,t ELa� eap P. Con ay, Pro-Tern
BY: ,�i� .. �.. �► .fiy �� /
Deputy C :rk to the Boar
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APPROVED2AS T , FOR r
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.'` . David E. Long
'County Attorney c k1 Z C Jw
Dougla Rademach r
Date of signature: //-/
UIkri6 b• Jaa' Sou 2011-2832
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AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made by and between the County of Weld, State of Colorado,
whose address is 1150 O Street, Greeley, Colorado, 80631 ("County"), and William H. Jerke,
whose address is 22911 WCR 39, LaSalle, Colorado 80645, ("Contractor").
WHEREAS, County desires to retain Contractor as an independent contractor to perform
services as more particularly set forth below; and
WHEREAS,Contractor has the time available to timely perform the services, and is
willing to perform the services according to the terms of this Agreement.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein,the parties hereto agree as follows:
1. Engagement of Contractor. County hereby retains Contractor, and Contractor
hereby accepts engagement by County upon the terms and conditions set forth in this
Agreement.
2. Term. The term of this Agreement shall be from November 1, 2011,through and
until September 1, 2011
3. Services to be Performed. Contractor agrees to perform the following Services:
a. Contractor shall solicit and encourage oil and gas service companies
performing services for oil and gas operators working within Weld County
during 2011 to report their employees' home addresses to those operators.
The operators will then report such information to the Colorado Department
of Revenue, for 2012 reporting purposes. The number for 2011 was 2,045.
Contractor shall have access to Weld County GIS and the Weld County Clerk
to the Board records to accomplish his work in providing the Services
contemplated herein.
4. Compensation.
a. Contractor shall be paid the sum of$20,000 for the base number of 2,045 oil
and gas employees residing within Weld County, paid monthly on the 15th day
of the month, for five months ($4,000/month), starting in January, 2012.
b. For all reported oil and gas employees' home addresses located within Weld
County as recognized by the Colorado Department of Local Affairs 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 Contractor
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2011-2832
upon the receipt of said State and Federal sums by County. If, for any reason,
the State does not pay the anticipated Severance Tax Direct Distribution,
County will not be obligated to pay the State bonus to Contractor.
c. County anticipates entering into intergovernmental agreements with
municipalities located within Weld County to then receive a portion of the
State and Federal distributions referred to in subsection b., above. Any
amounts so received by County shall be retained by County and no amount
from the receipt of such distributions shall be due and owing to Contractor.
d. Contractor shall receive no compensation from County other than what is
stated herein.
5. Additional Work. In the event the County shall require changes in the scope,
character, or complexity of the work to be performed, and said changes cause an
increase or decrease in the time required or the costs to the Contractor for
performance, an equitable adjustment in fees and completion time shall be negotiated
between the parties and this Agreement shall be modified accordingly by a
supplemental Agreement. Any claims by the Contractor for adjustment hereunder
must be made in writing prior to performance of any work covered in the anticipated
supplemental Agreement. Any change in work made without such prior supplemental
Agreement shall be deemed covered in the compensation and time provisions of this
Agreement.
6. Independent Contractor. Contractor agrees that Contractor is an independent
contractor and that neither Contractor nor Contractor's agents or employees are, or
shall be deemed to be, agents or employees of the County for any purpose.
Contractor shall have no authorization, express or implied,to bind the County to any
agreement, liability, or understanding. The parties agree that Contractor will not
become an employee of County, nor is Contractor entitled to any employee benefits
from County as a result of the execution of this Agreement.
7. Warranty. Contractor warrants that the Services performed under this Agreement
will be performed in a manner consistent with the professional standards governing
such Services and the provisions of this Agreement.
8. Reports County Property. All reports and other tangible materials produced in
connection with the performance of this Agreement, whether or not such materials are
in completed form, shall at all times be considered the property of the County.
Contractor shall not make use of such material for purposes other than in connection
with this Agreement without prior written approval of County.
9. Insurance and Indemnification. Contractor shall defend and indemnify County, its
officers and agents, from and against loss or liability arising from Contractor's acts,
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errors or omissions in seeking to perform its obligations under this Agreement.
Contractor shall provide necessary workers' compensation insurance at Contractor's
own cost and expense.
10. Termination. Either party may terminate this Agreement at any time without notice
upon a material breach of the terms of this Agreement; however, in the event of early
termination, Contractor shall be paid any amounts then due and owing as identified in
Paragraph 4, above.
11. Non-Assignment. Contractor may not assign or transfer this Agreement, any interest
therein or claim thereunder, without the prior written approval of County.
12. Time of Essence. Time is of the essence in each and all of the provisions of this
Agreement.
13. Interruptions.Neither party to this Agreement shall be liable to the other for delays
in delivery or failure to deliver or otherwise to perform any obligation under this
Agreement, where such failure is due to any cause beyond its reasonable control,
including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or
Governmental actions.
14. Notices. Any notice required to be given under this Agreement shall be in writing
and shall be mailed or delivered to the other party at that party's address as stated
above.
15. Compliance. This Agreement and the provision of services hereunder shall be
subject to the laws of Colorado and be in accordance with the policies, procedures,
and practices of County.
16. Non-Exclusive Agreement. This Agreement is nonexclusive and County may
engage or use other contractors or persons to perform services of the same or similar
nature.
17. Certification. Contractor certifies that Contractor is not an illegal immigrant, and
further, Contractor represents, warrants, and agrees that it has verified that Contractor
does not employ any illegal aliens. If it is discovered that Contractor is an illegal
immigrant, employs illegal aliens or subcontracts with illegal aliens, County can
terminate this Agreement and Contractor may be held liable for damages.
18. Entire Agreement/Modifications. This Agreement contains the entire agreement
between the parties with respect to the subject matter contained in this Agreement.
This instrument supersedes all prior negotiation, representation, and understanding or
agreements with respect to the subject matter contained in this Agreement. This
Agreement may be changed or supplemented only by a written instrument signed by
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both parties.
19. Funding Contingency. No portion of this Agreement shall be deemed to create an
obligation on the part of County to expend funds not otherwise appropriated or
budgeted for.
20. No Conflict. No employee of Contractor nor any member of Contractor's family
shall serve on a County Board, committee or hold any such position which either by
rule, practice or action nominates, recommends, supervises Contractor's operations,
or authorizes funding to Contractor.
21. Severability. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable,this Agreement shall be construed and enforced without
such provision, to the extent that this Agreement is then capable of execution within
the original intent of the parties.
22. Governmental Immunity. No portion of this Agreement shall be deemed to
constitute a waiver of any immunities the parties or their officers or employees may
possess.
23. No Third Party Beneficiary. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action
relating to such enforcement, shall be strictly reserved to the undersigned parties and
nothing in this Agreement shall give or allow any claim or right of action whatsoever
by any other person not included in this Agreement. It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving
services or benefits under this Agreement shall be an incidental beneficiary only.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the 26th day of
October, A.D. 2011.
CONTRACTOR:
William H. Jerke
ATTEST ,I l 1 a�` BOARD OF COUNTY
CLERK TO THE BOARD dr COMMISSIONERSOF WELD COUNTY
By:
By: = &4L4i 7,(
Deputy Cler to the Board �.,, ✓ Barbara Kirkmey r, Chairm n
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