HomeMy WebLinkAbout20143620.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 TOWN OF SEVERANCE, a municipal corporation of the
State of Colorado, with address of 231 W. 4`h Avenue, P.O. Box 339, Severance, CO 80546,
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.
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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 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. 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.
Signed by the parties this 17 day of&off ns-, 2014.
ATTEST d&J $ Ii' •;. ' COUNTY OF WELD, a political
Weld County Clerk to the s. t Las subdivision of the
tate of Colorado
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By: C7
I7o De.uty Clerk to the ►tom'� , � ugla Radema her, Chairman
Board of County Commissioners of the
Q��J��Nc�c County of Weld NOV 1 0 2014
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3 gwA T TOWN OF SEVERANCE, a municipal
O J O corporation of the State of Colorado
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B �� , c --; By.
Patricia Lesh, Town Clerk Donald Brookshire, Mayor
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