HomeMy WebLinkAbout20140149.tiff 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 date set forth below, between the COUNTY OF WELD, a political subdivision of the State
of Colorado, whose address is P. O. Box 758, 1150 O Street, Greeley, CO 80632, hereinafter
referred to as "Weld County," and the CITY OF GREELEY, a municipal corporation of the State
of Colorado, with address of 1000 10th Street, Greeley, CO 80631, 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 18, 2013, 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 $20,000 plus for all reported oil and gas employees residing within Weld
County over 4,353 (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 $20,000 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 a prorate share of the additional base of$10,000 (the increase of the
base from $10,000 to $20,000) dependent upon the municipalities percentage of the 4,353
employees counted in 2013 (as shown on the attached Exhibit"A"), plus the bonus amount for
all reported oil and gas employees residing within their municipality in 2014 over the number of
employees reported for their municipality for 2013, 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.
} 2014-0149
o-
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 a
prorate share of the additional base of $10,000 (the increase of the base from
$10,000 to $20,000) dependent upon the municipalities percentage of the 4,353
employees counted in 2013 (as shown on the attached Exhibit "A"), plus the
bonus amount for all reported oil and gas employees residing within their
in 2014 over the number of employees re orted for their
municipalityp
municipality for 2013. 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). 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, 2014, to and until
December 31, 2014.
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.
C0j
Signed by the parties this l day of 22?Atte IL/ , 2014.
G ATTEST: L COUNTY OF WELD, a political
Weld County Clerk to the Board subdivision of the
State of Colorado
By:i�� 2�2,'7/!l t.I Air / By:
Deputy Cler ro the :lol" ou as Rademacher, Chairman
Board of County Commissioners of the
" . d11, eat County of weld JAN 15 2014
Ai
rt ritg AI
ATTEST: a", ` , CITY OF GREELEY, a municipal
e corporation of the State of Colorado
By: m, By: 77 Vg1'Ve
Betsy er, Town Clerk Tom Norton, Mayor
mill may
1
EXHIBIT "A"
JERKE 2014 CONTRACT BASE ALLOCATION TO MUNICIPALITIES
COLORADO EMPLOYEE RESIDENCY REPORT- NUMBER OF EMPLOYEES
MUNCIPALITY Base Prorata Share of Total Share of
2013 Percent 10 000 11000 $20,000 Base
AULT 26 0.005973 $ - $ 59.73 $ 59.73
DACONO 42 0.009649 $ - $ 96.49 $ 96.49
EATON 87 0.019986 $ - $ 199.86 $ 199.86
ERIE 17 0.003905 $ - $ 39.05 $ 39.05
EVANS 577 0.132552 $ - $ 1,325.52 $ 1,325.52
FIRESTONE 57 0.013094 $ - $ 130.94 $ 130.94
FORT LUPTON 261 0.059959 $ - $ 599.59 $ 599.59
FREDERICK 63 0.014473 $ - $ 144.73 $ 144.73
GARDEN CITY 4 0.000919 $ - $ 9.19 $ 9,19
GILCREST 46 0.010567 $ - $ 105.67 $ 105.67
GREELEY 1569 0.360441 $ - $ 3,604.41 $ 3,604,41
GROVER 13 0.002986 $ - $ 29.86 $ 29.86
HUDSON 29 0.006662 $ - $ 66.62 $ 66.62
JOHNSTOWN 159 0.036527 $ - $ 365.27 $ 365.27
KEENSEBURG 23 0.005284 $ - $ 52.84 $ 52.84
KERSEY 65 0.014932 $ - $ 149.32 $ 149.32
LA SALLE 92 0.021135 $ - $ 211.35 $ 211,35
LOCHBUIE 75 0.017229 $ - $ 172.29 $ 172.29
MEAD 27 0.006203 $ - $ 62.03 $ 62.03
MILLIKEN 101 0.023202 $ - $ 232.02 $ 232.02
NUNN 6 0.001378 $ - $ 13.78 $ 13.78
PIERCE 17 0.003905 $ - $ 39.05 $ 39.05
PLATTEVILLE 89 0.020446 $ - $ 204.46 $ 204.46
RAYMER 0 0 $ - $ - $ -
SEVERANCE 36 0.00827 $ - $ 82.70 $ 82.70
WINDSOR 131 0.030094 $ - $ 300.94 $ 300.94
BRIGHTON 0 0 $ - $ - $ -
NORTHGLEN 0 0 $ - $ - $ -
LONGMONT 0 0 $ - $ - $ -
BERTHOUD 0 0 $ - $ - $ -
UNINCORPORATED WELD COUNTY 741 0.170227 $ 10,000.00 $ 1,702.27 $ 11,702.27
TOTAL 4353 1 $ 10,000.00 $ 10,000.00 $ 20,000.00
THE CITY OF GREELEY, COLORADO
RESOLUTION 4 . 2014
A RESOLUTION OF THE GREELEY CITY COUNCIL AUTHORIZING THE CITY TO ENTER INTO AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF GREELEY AND WELD COUNTY
FOR PAYMENT OF BONUS AMOUNTS FOR CERTAIN REPORTED OIL AND GAS EMPLOYEES
RESIDING WITHIN CITY OF GREELEY BOUNDARIES
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, Weld County has 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$20,000 plus for all reported oil and gas employees residing within Weld
County over 2013 total employment (1,569 for the City of Greeley) 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, the City of Greeley recognizes that it will benefit financially from the
payment of the $20,000 by Weld County, because the work performed by Mr.Jerke has
resulted in increased Distributions to it by DOLA for the past two years, and
WHEREAS, the City of Greeley offers,through this IGA, to share in the cost of the
agreement with Mr. Jerke by paying a prorate share of base of$20,000, and a proportional
share of the costs related to the additional employees identified above 2013 employment, 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.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GREELEY, COLORADO
1. The City of Greeley, Colorado, is authorized to execute the Intergovernmental
Agreement, a copy of which is attached hereto and incorporated herein as Exhibit A.
2. City staff is hereby authorized to make changes and modifications to the Agreement
as long as the substance of the Agreement remains unchanged.
3. This Resolution shall become effective immediately upon its passage, as provided by
the Greeley City Charter.
PASSED AND ADOPTED,SIGNED AND APPROVED this 7th day of January, 2014.
ATTEST: THE CITY OF GREELEY COLORADO
City Cler M yor
WELD COUNTY ATTORNEY'S OFFICE
1861/ 1150 O STREET
P.O. BOX 758
GREELEY, COLORADO 80632
J PHONE: 970-336-7235
�__ T FAX: 970-352-0242
December 18, 2013
Mayor Tom Norton
City of Greeley
1000 10th Street
Greeley, CO 80631
Re: 2014 IGA for Payment of Bonus Amounts
for Certain Reported Oil And Gas
Employees
Dear Mayor Norton:
On December 18, 2013, the Board of County Commissioners of Weld County entered into an
agreement with William H. Jerke for the year 2014 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. The agreement is
similar to the one for 2013. A copy of the 2014 agreement with Mr. Jerke is enclosed.
The Board is again asking all municipalities in Weld County to participate in paying a portion of
the costs associated with the County's agreement with Mr. Jerke. Such participation will be by
intergovernmental agreement ("IGA"), similar to the one for 2013.
Two originals of the IGA are enclosed. If you are agreeable to participating as described, I ask
that you sign the enclosed originals and send them to me at the following address: Bruce T.
Barker, Weld County Attorney, P.O. Box 758, 1150 O Street, Greeley, CO 80632. I will then
see that the originals are signed by the Board Chairman, and one original will be returned to you.
Please feel free to call me at(970) 356-4000, ext. 4390, if you have any questions.
Si
•
race T. Barker
Weld County Attorney
Enc.
cooL4 b
Hello