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HomeMy WebLinkAbout20201657.tiffUSE BY SPECIAL REVIEW (USR) APPLICATION FOR, PLANNING DEPARTMENT USE: AMOUNT APPLICATION RECEIVED BY DATE RECEIVED: CASE # ASSIGNED; PLANNER ASSIGNED: PROPERTY IN FORMATION (Attach additional sheets if necessary.) Is the property currently in violation? Ili No / ❑ Yes Violation Case Number: Site Address: ID diciCK ) JO P: Parcel Number: I ies) a - 5 _ — 0, a ter-) i Jc_l___4 of- section: bi 1 Township isil N, Range 6,4 W e .Acreage: ¶ Within subdivision? iii No / O Yes Townsite? If No al ❑ Yes Legal Description: Zoning District: If yes, subdivision or townsite name: FIoodplain No / ❑ Yes Geological Hazard PI No / ❑ Yes Airport Overlay ft No .1 ❑ Yes PROPERTY OWNER(S) (Attach additinnal sheets if necessary.knCtira Name: Company: Phone #: Street Address: C City/State/Zip Code:K_Iiree,IL. Name: Company: Name e ti •ttonrcc1 r f proposed business: 3uiqoc Yllause:cs) Phone #: Street Address: Email: City/State/Zip Code: APPLICANT/AUTHORIZED AGENT (Authorization must be included if there is an Author/zed Agent.) Name: r‘ c Company: Phone #: Street Address: City/State/Zip Code: Email: 1 (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our) knowledge_ All fee owners of the property must sign this application. If an Authorized Agent signs, an Authorization Form signed by all fee owners must be included with the application. If the fee owner is a corporation, evidence must be included indicating the signatory has the legal authority to sign for the corporation. Zia PI*LR Sri an ture Date i natu Date e ? 7 El it r t )er Print Print Ink �OiW[sC 7/29/2019 7 Secretary of State Secretary Wyoming Secretary of State 2020 Carey Avenue Suite 700 Cheyenne, VW 82002-0020 Ph. 307-777-7311 For Office Use On i WY Secretary of State FILED: Aug 10 2018 10:45AM Original ID: 2018-000815928 Limited Liability Company Articles of Organization 1. The name of the limited liability company is: Hard Knocks Homestead, LLC II. The name and physical address of the registered agent of the limited liability company is: Corporate Caddy, LC 1621 Central Ave Cheyenne, WY 82001 ill. The mailing address of the limited liability company is: 837 East 1200 South Orem, UT 84097 IV. The principal office address of the limited liability company is: 837 East 1200 South Orem, UT 84097 V. The organizer of the limited liability company is: Chris Turner 837 East 1200 South, Orem, UT 64097 Signature: Print Name: Title: Email: Daytime Phone #: Whitney Thome Whitney Thorne Legal Assistant paralegal@slspclaw.com (801) 494-8494 Date: 08110/2018 Page 1 of 4 OPERATING AGREEMENT OF HARD KNOCKS HOMESTEAD, LLC THIS OPERATING AGREEMENT (the "Agreement"), effective as of the 10th day of August, 2018, is by (a) GERALD E. MONROE, JR. and JACQUELINE R. MONROE (as the "Managers"); ers"); ) JACQUELINE .. MONROE ROE (the "Member"); and (c) HARD KNOCKS HOMESTEAD, LLC (the "Company") — all of whom shall collectively be referred to as the "parties" herein. The parties intend by this Agreement to define their rights and obligations with respect to the Company's governance and financial affairs and to adopt regulations and procedures for the conduct of the Company's activities. Accordingly, the parties agree as follows: 1. FORMATION of COMPANY 1.01 Articles ofOrganization: Classification, Etc. (a) The parties hereby establish a limited liability company (the "Company"), upon the terms and conditions set forth herein. Contemporaneously with this Agreement, the Managers have filed with the Wyoming Secretary of State "Articles of Organization" for the Company. The parties agree and stipulate that (i) the provisions of the Company's Articles of Organization shall take precedence over the provisions of this Agreement; and (ii) except for ministerial changes (such as recording a change of address or the name of a new Manager), the Company's Articles of Organization may be amended only upon the written consent of the 75% Majority (i.e., as defined below, those Members entitled to receive 75% of the portion of the Companys Net Profits to which Members are entitled). (b) The Company and the Member hereby agree and elect to treat the Company as a partnership for federal tax purposes. However, the parties expressly intend that the Company shall never be classified or operated as a partnership for the purposes of Section 303 of the Federal Bankruptcy Code. The parties agree to operate the Company and to conduct their affairs in a manner consistent with this intent, 1.02 Name and Principal Place of Business. The name of the Company is HARD KNOCKS HOMESTEAD, LLC, and its office and principal place of business shall be at 25525 WCR 48, Kersey, Colorado 80644, or such other place or places as the Managers may determine from time to time. Hard Knocks Homestead, LLC, Operating Agreement, Page 1 laws of the State of Wyoming shall govern this Company and each party hereby appoints the Managers as his or her agents and attorneys in fact to execute such other and further documents as may be required in order to qualify the Company to conduct its business in other states. To the extent that business of the Company shall be conducted in another state, the Managers may designate or appoint a fictitious or "dba" name for the Company, a place ofbusiness, a registered office and registered agent, and such other offices or particulars in such state or states as will be required or helpful. IN WITNESS WHEREOF, the parties have read, understood, signed and delivered this document effective as of the day and year first set forth above. MANAGERS: q �: f I qq,-- loge GERALD E. MONROE, J1.. 01 M. D I ENE R. MONROE MEMBER: i,fty A[C J QlJE IN E R. MONROE COIVRANIT: HARD KNOCKS HOMESTEAD, LLC By: GERALD E. MONROE, JR., Tanager rd a SAC A. 4, k 191 i_sAl .V1 , I kkg,Thiget aci�CAS LJEL NE R. MONROE, Manager Hard Knocks Homestead, LLCJ Operating Agreement, Page 22 Planning Questions L..a. This building, (located at 25525 CR 48, Kersey, CO), is currently being used as an office, breakroom, storage space and work area. We would like to change the use of the office to H2A seasonal farm labor housing. There would be 2 bedrooms that could accommodate 4 people, a living room, kitchen and bathroom. The breakroom, storage spaces and work area will continue to be used as they were designed. The storage areas and the barn is used for temporary storage of product, farm supplies and a work area. There is sufficient parking all around the building that will include pick-ups, trucks, equipment and employee & personal vehicles. b. The proposed use of this building and land will not impact the natural resources in the area. The property includes a barn with a lean on the east side that is currently being used as office space, breakroom, storage space and barn. No hazardous material is stored in the building. The site is centrally located on the property and contained in a small area. The property is zoned agricultural. We need farm labor. Greeley, CO and the surrounding area cannot supply the labor needed for our organic vegetable operation. d. The current site (5 acres) where all the buildings reside is surrounded by 170 acres of our farmland. We currently grow organic fruit, vegetables and alfalfa on the property. A change of use of the building will not change our farming operation or impact local traffic, safety, flood plains, or economic development in the area. e. The current building sits 235 feet from our home and sits in the middle of our farming operation of 170 acres. The proposed use of this building and property is consistent and compatible with the surrounding area because other surrounding properties have similar uses. It will not have a negative impact on the area. f. Hours and days of operation is Monday through Saturday approximately 7am to 5pm. g. There is no shift work, everyone works from 7am to 5pm, Monday through Saturday. h. We would like four fu time employees that would work March or April through November or December. i¢ n,t/a Currently there is a cooler and air compressor located in the interior of the barn. k. nja I. None m. We have already moved the office out of the building. We need approximately a few of hours to thoroughly clean the area. n. None. This is an existing building. We would like to change the use of the office to housing. o. The surface of the 5 acre area is bare dirt and native grasses. Included in the area are 9 buildings & 3 coolers: Barn: 6240 sq ft (14, 0' in a concrete floor and 4800' with a dirt floor) House: 3120 sq ft Landscaping around house: 22,140 sq ft all in dirt, grass and plants Detached Garage: 1794 sq ft with a concrete floor & access Outdoor Bathroom: 64 sq ft with a concrete floor Grainery: nery: 324 sq ft with a concrete floor Cold Frame: 1880 sq ft with a dirt floor 3 Sheds: 1053 sq ft total with dirt floors 3 Coolers: 45 sq ft sits on concrete 182 sq ft sits on dirt 6 sq ft sits on dirt A very large area surrounds the building that can be used for parking. We can accommodate as many handicap spaces as needed. None r. The landscape around the building includes trees, grass, flower beds and bare dirt. s. None t No reclamation is needed for the area. This is an existing building. u. First responder is the Kersey Fire Protection District. This area is zoned as Agricultural Use and we run an agricultural business, 3. This is consistent with Article Ill, Section 23-3-40-T: Multi -Family dwellings for persons principally employed at or engaged in farming operations. We run an agricultural business and this area is zoned for agriculture. It is consistent and compatible with other business and will not have a negative impact in the area. Currently we are four miles away from the town of Kersey. There are no master plans to develop this area and it will not affect the economic development of the area. This proposal is consistent with the agricultural area surrounding it. S. Our particular site is not located near any of these areas mentioned in Article V & Xl of Chapter 23: Per Diane Aungst. 6. This proposed 'change of use' site is located in an existing building and will not impact the farmland in a negative way. 7 The proposed change of use of this building is surrounded by our 170 acre farm and it will not impact the neighbors or the county or the local traffic. Environmental Health Questions 1. Drinking water comes from Central Weld County Water District. This property does not use a well as its water source. A copy of the water bill is included with this application. 2. The existing building uses an existing septic system and a copy of the septic permit is included with this a pplication. 3-11. n/a Public Works Questions 1. a. Our traffic plan changes throughout the year. In the summer, we anticipate 6 to 8 round trips in and out of the property each day by pickups, 1 & 2 ton trucks, personal and employee vehicles; Monday through Saturday between the hours of 6:45am and 5pm. We deliver produce outside the area in 1 & 2 ton trucks 4 days a week on Tue, Wed. Thr & Sat. and will leave and return once a day. 2 employee vehicles will arrive and leave once a day Monday through Saturday between 6:45 & 7am and again between 5 & 5:30pm. Plus personal vehicles can enter and leave property 7 days a week between the hours of 6:30am and 8pm but normally do not do so even day. In the winter, we anticipate 2 to 4 round trips in and out of the property each day by pickups, 1 & 2 ton trucks, personal and employee vehicles; Monday through Saturday between the hours of 7:45am and 5pm. We deliver produce outside the area once every two weeks on Wednesday; so a 2 ton truck will leave and return once that day. 2 employee vehicles will arrive and leave once a day Monday through Friday between 6:45 & 7am then again between 5 & 5:30pm. Plus personal vehicles can enter and leave property 7 days a week between the hours of 6:30am and 8pm but normally do not do so every day. All vehicles will enter and leave from the south side of the property off of CR 48. 90% of the vehicles will travel to and from the west from CR 49. 10% of the vehicles will travel to and from the east from CR 53. We expect the highest traffic volumes to be in the morning between 6:45 and 7am in the summer. 2. There is an existing access that sits to the north of CR 48 between CR 53 and 51. 3. Development of the site for the change of use does not increase the imperviousness of the site. Building Questions The 5 acre area includes 9 buildings & 3 coolers: Metal Barn: 78x80 = 6240' (60x80 barn = 4800' and 18x80 Office, breakroom and storage areas = 1400'). Farm side: Currently used for tool, seed, supplies, short term vegetable storage and work area. Office side: Would like a change of use from office to H2A seasonal farm labor housing, breakroom & storage of supplies. House: 30x76 and 20x42 = 3120'. Current 4 bedroom/2 bath residence of owner. Detached Metal Garage: 30x40 = 1200' Current storage of vehicles for owner. Outdoor Bathroom 8x8 = 64' Seasonal toilet. Grainery: 18x18 = 324' Storage of supplies Cold Frame: 20x94 = 1880' Used to grow seasonal crops. 3 Sheds: 13x27 each = 351' each or a total of 1053' Storage of tools and supplies. 3 Coolers: #1 6.5x28 = 182'; #2 5x9 = 45'; and #3 8x12 = 96' Fruit and vegetable storage. Two maps are included with application. Everything will remain the same except the metal barn. We want to change the use of the office space to H2A seasonal farm labor housing. 3. See question #1. WELD COUNTY ACCESS PERMIT Weld County Public Forks Department 1111 H Street P.O. Box 758 Greeley, CO 80632 Permit Number: AP19-006 1 Phone: (970) 304-6496 Issuance of this permit binds applicant and its contractors to all requirements,provisions, and ordinances of Weld County, Colorado. Project Name: Permit Expiration Date: Planning/Building Process: Yes Parcel(s): 105 305000034 Proposed Use: Residential Field Access is on WCR: 48 Nearest Intersection WCR: 48 - 53 Distance From Intersection: 2500 Number of Existing Accesses: 1 Latitude: Longitude: 40.33421 -104.57396 Applicant Information: Name: Company: Hard Knocks Homestead LLC Phone: 970-284-7941 Email: jerrymonroe84@gmail.com Owner Information: Name: Company: Same as Applicant Phone: Email: Road Surface Type and Construction Information: Road Surface: Gravel Culvert Size and Type: 15" CMP/RCP minimum if required Material to Construct Access: existing Start Date: Finish Date: Required Attached Documents Submitted: Traffic Control Plan: Yes Certificate of Insurance: Access Pictures: Yes A Copy of this permit must be on site at all times during construction hours Daily work hours are Monday through Friday DAYLIGHT to 1/2 HOUR BEFORE DARK (applies to weekends if approved) Approved MUTCD traffic control / Warning devices are required before work begins and must remain until completion of work ** Crushed or recycled concrete SHALL NOT be used for tracking material in the County ROW All access points shall comply with Weld County Engineering and Construction Criteria found at: https:/./library.municode.corn/co/weld county/codes/charter and county code?nodeld=CH12LI'PE AP APX12-AWECOENCOCR Unless otherwise authorized. Special Requirements or Comments Utilize existing access point on CR. 48 (1-RES) located approx. 2500ft west of CR. 53. Approved By: Notice of Inquiry Weld County Pre -application Case # PREI9-0241 Date of Inquiry 10/4/19 Municipality Kersey CPA Name of Person Inquiring ,Jerry Monroe Property Owner Hard Knocks Homestead, LLC Planner Diana Aungst Planner Phone Number 970-400-3524 daungst@weldgov,ccm Planner Email Address Legal Description Lot A of RE -3090 S5, T4f R64W , Parcel Number 1053-0500-0034 Nearest Intersection CR 48 and CR 51 USIA for a Seasonal Farm labor Housing i Type of Inquiry The above person met with County Planning staff about developing a parcel of land inside your designated Intergovernmental Agreement/Coordinated Planning Agreement Boundary. County Planner's signature Would you like to pursue annexation of this property? NO _X YES Date of Contact Comments: 11lb Sisk i5 ho -I ii24. ov 4„.Ntixtrt-6 tek 1OI64 �1�. IvWi'I Ls Ytiil ejoiritc-f- DUI &eye 6Lfrr, P1 Cy rer Signature of Municipality Representative Title •1 7/749 Z�0 Date Please sign and date to acknowledge that the applicant has contacted you and return this signed form to Weld County Department of Planning Services. Weld County Planning Department 1555 N 17th Ave, Greeley, CO 80631 (970) 400-6100 r (970) 304-6498 Fax 20181101 Names and Addresses of users of pipelines and irrigation ditches. DCP Midstream ' gas pipeline 3026 ,nth Avenue, Greeley, CO Dale Burman " irrigation ditch 23235 WCR 53, Kersey, CO FOR COMMERCIAL OR INDUSTRIAL BUILDINGS, PLEASE COMPLETE THE FOLLOWING INFORMATION: Business Name: Address: Business Owner: Home Address: Monroe Organic Farms, Ilc 25525 WCR 48 Phone: ity, state, zip: Kersey, CO 80644 970-284-7941 Gerald E. Monroe, Jr & Jacqueline R Monroe Phone: 970-396-6443 - Jerry City, state; zip: 255251 WCR 48 List up to three persons in the order to be called in the event of an emergency: NAME Gerald E. Monroe Jr TITLE Manager PHONE 970-396-6443 Kersey, CO 80644 ADDRESS 255251NCR 48, Kersey, CO 80644 Jacqueline R. Monroe Manager 970-284-7941 255251 WCR 48, Kersey, CO 80644 Kyle Monroe None 970-324-5323 24275 WCR 47, LaSalle, CO 80645 Business Hours: 7am to 5pm UTILITY SHUT OFF LOCATIONS: Main Electrical: (3) ** Days: Monday through Saturday Gas Shut Off: (3) *** Exterior Water Shutoff: (3) **** Interior Water Shutoff: On all toilets and sinks. ** One on utility pole closest to house; One inside barn on south side, left side of door; One in storage room south of break room on the west wall. *** One on the north side of office outside of building; One at the propane tank on north side of building; and One inside the office, west wall next to furnace. **** One on east side of building outside of the office; One south side of house in the yard; and one at the meter north of CR 48 and east of the driveway. 7/29/2019 21 imalsH2 THE H-ZA LABOR SPECIALISTS MAS Labor 1424. Lie RD Bt'x 507 400 ROM S ucci: Lovingsth•n. VA 22940 TEL 434 2O.4300 FAX: 434 763 4700 rn rsiabxr torn Confidential & Proprietary 4 2019 MAS Labor H2A, LLC, revised 8/6/19, printed 11/12/19 fastTracksM 4 - CONFIRMATION OF JOB ORDER FOR S T N .I To: Mr. Gerald Monroe Monroe Organic Farms, LLC From: Sarah Landon Read and return completed forms to rrrasH2A by /1126/2019 Your Job Order is a binding legal contract. It must disclose all material terms and conditions of employment. This includes all relevant job and employment -related information (experience requirements, drug tests, background checks, work rules, housing, transportation, etc.). 't &quested:. [ :a,te of Need The dates of need for your H -2A contract period are critical. Your contract start date should be the earliest date you can justify needing the full number of requested H -2A workers. The U.S. Department of Labor (DOL) requires a separate "labor market test' (Le., Job Order) for each start date, thereby prohibiting staggered worker arrivals. If you are a prior H -2A program user, DOL requires a written explanation for any significant changes to your established dates of need. You will need to explain any change of more than two weeks from your previous start or end date, masH2A will include an explanatory letter with your Job Order, You have indicated the following as your dates of need: Contract Start Date: 312/2020 Contract End Date: 11/30/2020 See fastTracksM 1 for information about the applicable filing window. You should consult with your Case Manager immediately if you have any concerns about the above dates of need. Processing delays may cause foreign workers may arrive slightly later than yourcontract start date. Regardless of when foreign workers arrive, you must allow any recruited U.S. workers to begin work no later than the contract start date (and guarantee the first week's wages). Filing your Job Order on or near the earliest possible date reduces the risk of late foreign worker arrival. You may request a delay of your contract start date up to ten (10) business days prior to your contract start date. Please notify masH2A in a timely manner if you intend to request a delay. 2. Requested Number of Workers The First, above the You specified about multiple DOL that workers number approved must requires you note that number also above this obligation, Job Orders anticipate and U.S. of your of occupancy your workers workers. be prepared on your Job hiring workers housing with you DOL meets contract please staggered Order during that intend must to contact to you will or employ the exceeds start disclose be not start season. plan to request sufficient certify the date. masH2A dates the to employ, that If full you This is: to accommodate your application number, number have to may be full number includes if 4 of anyconcerns appropriate. of your workers whether workers unless the H -2A discuss any. How many to hire (separate contract (i.e. ternagrary or seasonal U.Sp workers do you intend for U.S. workers this same and apart job duties temporary from your H -2A workers) and contract period)? or seasonal a ., .__ temporary DOL you (in anticipated Finally, you off hire. good have an�r reduces pprres:pondingU.S. You faith) or note any your labor seasonal that lay-offs can that you certified potentially need. H -2A must before number avoid workers Specifying U S . workers always the workers of a represent will give contract while workers partial the support preference end you for each certification only a number this to date. continue U.S. portion of attestation. U.S. You if applicant you of anticipated workers cannot attest your if lai .to, em e fl or mere I -f- A worker(s). .off ,. s: Jobs Description The Order duties perform job description must that any describe, you job will duties is a critical accurately require not workers disclosed component and to completely, perform. rn the. of your Job all H Job work -2A Order. Your Job tasks and job workers cannot Order. corresponding workers described i_ conditions. in in You should "corresponding employment the Job Order, Corresponding also consider employment." as U.S. or any workers how workers duties performed are entitled the The performing job regulations description by to the affects define the same work H -2A workers. same terms benefits, and protections as the Hr2'A workers. This to perform the pay all includes this H -2A carefully the tasks Leon means any wage to H -2A that based the duties include on H -2A that rate. wage H -2A our rate, wage any described Therefore, only workers The time the but attached rate U.S. in work also may and your you tasks perform. three workers should sufficiently page -fourths (full-time Job Order, draft for which includes guarantee. or you must your job you are broad to a draft description encompass In part-time) pay willing lob practice, them descri. understanding of your job requirements. Please make revisions and return with this fa stTracksM. fastTracie 4 - New Client 1 P-18636 jit.. mei sH2 THE H --2A LABOR SPECIALIsTs MAS L.thiir H24 LL C F r 1,5Lr 4L0 F-rr1lf 't ? 1.44 FA* 13.1 =63 .Fro I4+,_', 3-' CJ( ►''_IiG Confidential & Proprietary 2019 MAS Lahr H2A, LLC, revised 8/6/19, printed 12118110 fastTracksM 4.3 — FINAL JOB ORDER DETAILS To: Mr. Gerald Monroe Monroe Organic Farms, LLC From: Sarah Landon Read and return completed forms to m asH2A as soon as possible. A. JOB ORDER DETAILS As discussed in fastTracksM 4, your application must fully disclose all terms and conditions of employment. This i nciudes a full jab description outlining all work duties that H -2A workers will perform. Please review the information below. Based on the information you have previously provided, we believe this is a comprehensive summary of your job opportunity. If any info rmai on is incorrect, incomplete, or does not accurately describe the job opportunity, please revise accordingly and return with this fastTrackSM. 1. Crops / Commodities Produced organic vegetables and fruits, livestock 2. Job Description Plant, cultivate and harvest vegetables. Use hand tools including, but not limited to: shovels, hoes and knives. Plant roots, seeds and bulbs. Install plastic mulchjrow cover or other groundcavering. Pick up and remove plasti3drip tape and row cover by hand from ground Till soil. Weed and thin plants. Transplant plants with machine and by hand. Pick, cut, lift, or pull crops. Tie vegetables in bunches. Grader size, clean and pack product. Take care to prevent damaging produce and plants. Mow, cut, and weed fields. Perform ditching, shoveling, hoeing, hauling, ground preparation, and other manual tasks. Bending, stooping and kneeling required. Use hand tools including but not limited to hoes, shovels, shears, clippers, loppers, and saws. Lift, carry, and load/unload products or supplies. Install/maintain rrigation systems and water lines. Move and install irrigation pipes and equipment. Dig, burn, and and maintain ditches. Clear debris from field and clean/maintain farm buildings, structures and work areas. Fill large pots with soil, Assist with farm building/field maintenance and repairs. Build/repair fences. Clean livestock pens. Load i'ivestock far processing. Work s done in the field for long periods of time. Workers may assist in handling product weighing up to 60 pounds and ifting to a height of 5 feet. Workers must work on their feet in bent positions for long periods of time, Work requires repetitive movements and extensive walking. Work required in fields when plants are wet with dew and rain, and may be required during light rain, snow, moderate winds, direct sun, high humidity and extreme temperatures. Temperatures in fields during working hours can range from 5 to over 100 degrees F. Workers may be required to work during occasional showers not severe enough to stop field operations. Allergies to ragweed, goldenrod, honey bees, insecticides, herbicides, fungicides, or related chemicals may affect a worker's ability to perform the job. Workers should be able to do the work required with or without reasonable accommodations. Clean driving record required. Must have or be able to obtain driver's license within 30 days following hire. Workers with appropriate licenses and a valid doctor's certificate may be asked to drive other workers. Persons seeking employment in this position must be available for the entire period requested by the employer, All workers will be subject to a trial period of up to five days during which the employer will evaluate workers' performance of required tasks. Employer reserves the right to terminate a worker if the employer reasonably finds worker's performance during the trial period to be unacceptable. Employer reserves the right to discharge an obviously unqualified worker, malingerer or recalcitrant worker who is physically able but is unwilling to perform the work necessary for the employer to grow a premium quality product, or for any other lawful reason. Raises and/or bonuses may be offered to any seasonal worker employed pursuant to this job order, at the company's sole discretion, based on individual factors including work performance, skill, and tenure. All terms and conditions included in the job order will apply equally to all workers, both U.S. workers and H -2A workers, employed in the occupation described in this job order. N 3. Other Requirements Saturday work required. Must be able to lift/carry 60 Ibs, 4. Experience Requirement This job requires a minimum of 3 months of agricultural experience working in a diversified crop farm handling manual and mechanical tasks including agricultural field work. Applicants must be able to furnish verbal or written statement establishing relevant prior work experience. Workers must be able to perform manual tasks with accuracy and efficiency. NOTE: Piece rate earnings must equal or exceed the amount the worker wo&&d have earned at the required hourly wage rate, if recalculated on an hourly basis. If you require a mirtimurn production standard, DOL will require that your Job Order include precise, quantifiable standards (typically a ratio of units per hour). fastTrackSM 4.3 P-18636 B. ADDITIONAL CONSIDERATIONS H -2A workers can only perform the job duties specified in your job description. H -2A workers cannot perform any job duties that you do not specify. Therefore, you should make sure that your job description is complete and accurate. However, you should also consider how the job description affects your U.S. workers. Workers who perform the same duties described in your Job Order, or any duties performed by H -2A workers, are considered to be in 'corresponding employment.' US, workers in corresponding employment are entitled to the same terms and conditions of employment as the H -2A workers, including the H -2A wage rate and three -fourths guarantee. This is the case even if the U.S.. workers refuse to sign the Ha2A contract. U.S. workers are considered to be "corresponding" by virtue of the job duties they perform, and cannot waive any of the benefits or I protections to which they are entitled under the regulations. In light of the foregoing, you should avoid making your job description overly broad. It should be broad enough to encompass all tasks that you anticipate H -2A workers may need to perform, but narrowly tailored to include only those tasks for which you are prepared to pay the H -2A wage rate. A If you choose to adopt a narrow job description, you may consider submitting multiple Job Orders for shorter time i nter►vals in order to cover any additional needs. Contact mashi2A to discuss whether multiple Job Orders may be appropriate. C. CLIENT ACKNOWLEDGMENT • _: By signing below, you attest that you have reviewed this document in its entirety and agree that (check one): All information truly, accurately, and completely describes your H -2A labor need and job opportunity to the best of your knowledge. Some or all of the information does NOT truly, accurately, and/or completely describe your H -2A labor need or job opportunity. Therefore, you request that masH2A modify the Job Order Details pursuant to the revisions indicated on this document You understand that masH2A will send an additional fastTracksrvi 4.3 to confirm these revisions, and that your Job Order cannot be submitted without your express confirmation. Monroe Organic Farms, LLC Signature: roevi Printed Name: CO' 1/710±it i�V�--' Title: Date: Review, sign, and return to masH2A by fax, e-mail, or overnight mail no later than {DUE DATE) Call (434) 263-4300 or e-mail siandon@maalabor.eom if you have any questions or concerns. fast'Track5'.` 4 3 2 P-18636 Diana Aungst From: Sent: To: Subject: Attachments: Follow Up Flag: Flag Status: jacquie@monroefarrn.com Monday, March 16, 2020 3:20 PM Diana Aungst Re: A few questions (USR2O-0001) FastTrack 4 - Confirrnation.pdf; Fast Track 4.3 Final Job Order.pdf Follow up Flagged Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Diana, 1. Our business name is Monroe Organic Farms, He 2. the workers will be planting, hoeing, harvesting, prepping veggies for sale, loading and unloading fruit and vegetable trucks and other farm chores. 3. Workers will be taken into town semi-monthly (and nomore than weekly) by us in a CDOT certified van. 4. We have the option to have them live and work at the farm for up to ten months. We opted to have them for nine months this year. We negotiate new terms every year. 5. We do not have portable toilets because we have an outdoor bathroom available to them within a quarter mile from all work sites. They also have indoor bathrooms available to them at that same distance from the work sites. This meets the standard requirement for the H2A program. Thank you and stay healthy! See you in a couple of months. Jacquie Monroe Monroe Organic Farms, Ilc 970-284-7941 25525 WCR 48 Kersey, CO 80644 monroefarm.corn > Hi - • Hope you are well. I'm working on finishing up the staff report and > have some questions for you if you could get back to me with answers > soon that would really help. > What is the name of the business that the workers will be working for? > What work would the H -2A workers be engaged in? > Will the workers be taken to town by you or bus or some other way? > Please send me the Department of Labor Permit for the H -2A workers. > What is the term of the H -2A? How many years/months? I > Thanks, > Diana Aungst > Planner > Weld County Department of Planning Services > 1555 N. 17th Avenue - Greeley, Colorado 80631 > D: 970-400-3524 > O: 970-400-6100 > Fax:070-304-5408 > daungst@weldgov.com<mailto:Idode@co.weld.co.us> > http://www.weldgov.com<http://www.weldgov.comi> > [cid:irnage0ol .jpg©01 D5FAI 5.1 F3F5880][fb]chttps://urldefense. proofpoint > .com/v2furl?u=https-3A www.facebook.com_Weld ounty overnment .d=DwIDAw > &c=A8J0jb3_ IsSlatombgkDA&r=4UICLaAyyf `aec2mBW hz0-dXwYt2-N_f bJf 8r r > w&m=1 dW cgbalnUKPh kvtmbV4O4gmkYQPRI Il 50J0Gs4&s=Lvu1 I IdlAzArRGACIIKev > Df0Tu7Tzdgwc 1-foFjF0jks&e= > [twitter] > <https://urldefense.proofpoint.com/v2/url?u=https-3A t ►itter.corn_welt > ov&d=DwIDAw&c=A8J0jb3_ ls; latombgkDA&r=4UICLaAyyfVaec2mBW hz0-d wYt2- > N_f3bJf08rwrw&m=1dWxcgbalnUKPhAckvtmbV4O4gmkYQPRIVIK OJOGs4&s=h0d2L800 > hOROP0 JAIpFtO CQWU 4wz4J74x 5c VaE&e= > [youtube] > <https://urldefense.proofpoint.comiv2/url?u=hettps-3A www.youtube.com_ > user_WeldcountyCQ&d=DwlDAw&c=A8J0jb3_ is latembgkDA&r=4UI LaAyyf 'aec2m > BWshz0-dxwYt2-N _ f3bJf8rWrw&m=1 dWcgbalnUKPhAkvtmb4O4gmkYQPRIVIK50J0 > Gs48ts=cB09Yo8BstbGnVMBOVOheXIXLZKTOKNYZei_LJwjc &e= > > > Confidentiality Notice: This electronic transmission and any attached > documents or other writings are intended only for the person or entity > to which it is addressed and may contain information that is > privileged, confidential or otherwise protected from disclosure. If > you have received this communication in error, please immediately > notify sender by return e-mail and destroy the communication. Any > disclosure, copying, distribution or the taking of any action > concerning the contents of this communication or any attachments by > anyone other than the named recipient is strictly prohibited. > > Diana Aungst From: Sent: To: Subject: Follow Up Flag: Flag Status: jacqu ie © monroefarrn.co m Tuesday, March 17, 2020 7:13 AM Diana Aungst HZA, contract and Answers Follow up Flagged Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Diana, Jerry tells me I answered #3 incorrectly. Here is the correct response. #3. Workers will be taken into town weekly by us in a DOT certified van. Are we still going to have the meeting on March 23rd and can the meeting be held by phone? Thank you for your time on this project! Jacqu ie Monroe Monroe Organic Farms, Ilc 970-284-7941 25525 WCR 48 Kersey, CO 80644 monroefarm.com Hello