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HomeMy WebLinkAboutbocc.con.131.21 - BOCC Contract No. 128.21, 129.21, 130.21, and 131.21 (Attached) RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY COLORADO,APPOINTING INDEPENDENT REFEREES (HEARING OFFICERS) TO SIT ON BEHALF OF THE BOARD OF EQUALIZATION TO HEAR TAX PAYER'S APPEALS OF THE PITKIN COUNTY ASSESSOR'S VALUATION,AND DEVELOPING A LIST OF PERSONS QUALIFIED TO ACT AS ARBITRATORS OF PROPERTY VALUATION DISPUTES RESOLUTION NO. 041-2021 RECITALS: WHEREAS, pursuant to Section 2.8.4 (Actions) of the Pitkin County Home Rule Charter ("HRC"), all matters not required to be acted upon by ordinance or formal resolution may be acted upon by informal resolution; WHEREAS, pursuant to C.R.S. 39-8-101, the Board of County Commissioners (BOCC) of Pitkin County shall comprise the Board of Equalization(BOE); WHEREAS, the BOE is charged with the duty of assuring that the Assessor fairly and equally applies appraisal procedures; WHEREAS, the volume of appeals in 2021 will exceed the amount of time that the BOCC has available to sit as the BOE; WHEREAS, pursuant to C.R.S. 39-8-102(2)(i) the BOE has the authority to appoint independent referees (hearing officers)who are experienced in property valuations to conduct hearings, and on behalf of the BOE, make findings and submit recommendations to the BOE for its final action; WHEREASS, the BOCC wishes to appoint hearing officers to act on behalf of the BOE; WHEREAS, the BOCC has considered the applications and qualifications of persons interested in acting as hearing officers on behalf of the BOE and desire to make appointments at this time; WHEREAS the BOCC wishes to appoint Mick Ireland, Steve Hach, Alice Davis, and Liz Newman as hearing officers to act on behalf of the BOE; WHEREAS, pursuant to C.R.S. 39-8-108.5, if a petitioner is not satisfied with the BOE's decision they could choose to go to arbitration; WHEREAS, pursuant to C.R.S. 39-8-108.5, the BOCC shall develop a list of persons who shall be qualified to act as arbitrators of property valuation disputes. Such list shall be kept in the office of the Clerk to the Board; WHEREAS, pursuant to C.R.S. 39-8-108, qualified arbitrators must be a registered or 1 certified appraiser; WHEREAS, the BOCC has considered the applications and qualifications of the persons interested in acting as arbitrators pursuant to C.R.S. 39-8-108 and desire to approve a list of arbitrators at this time. Such list shall be kept in the office of the Clerk to the Board and will include Kim Tarver and Les Gray; WHEREAS, The BOCC finds that it is in the best interests of the citizens of Pitkin County to approve this Resolution; and NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that it approves a Resolution of the Board of County Commissioners of Pitkin County Colorado, appointing Mick Ireland, Steve Hach, Alice Davis, and Liz Newman as independent referees (hearing officers) to sit on behalf of the board of equalization to hear tax payer's appeals of the Pitkin County assessor's valuation, and developing a list of qualified persons, Kim Tarver and Les Gray, to act as arbitrators of property valuation disputes and authorizes the Chair to sign on behalf of the county. INTRODUCED, READ AND ADOPTED ON THE 9TH DAY OF JUNE 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS By: 9c,a .t fft, 361n t,S By: 76a Jeanette Jones Kelly McNicholas Kury, Chair Deputy County Clerk Date: Jun-10-2021 APPROVED AS TO FORM: MANAGER APPROVAL 506. Eli f I lis Auffict, John Ely, County Attorney Phylis Mattice for Jon Peacock, County Manager 2 Contract#: Contract No. 128.21 Ledger#: LETTER OF ENGAGEMENT June 10, 2021 Project Name: Per Resolution number 041-2021 Regarding Appointment of an Independent Referee to sit on Behalf of the Board of Equalization to Hear Tax Payer's Appeals Name:Al i ce Davi s Re:Hearing Officer for the 2021 Board of Equalization Process Dear Alice: The purpose of this letter is to summarize the pertinent terms of Pitkin County's arrangement with you to provide the specified services enumerated in the following paragraph. The County's obligation under the Workers' Compensation Statute requires Pitkin County and you to formalize the terms of this engagement in writing. To serve as a hearing officer to hear tax disputes on behalf of the Board of Equalization for 2021. Compensation shall be at$175.00 per hour. It is mutually agreed that the County does not have an exclusive right to your services and it is contemplated that you may provide similar work to other businesses, governments and non- profit organizations. You acknowledge that the work performed for Pitkin County will be that of an independent contractor and that no employee-employer relationship is created. You have full control over how the services are performed and it is expected that work will be conducted in accordance with industry standards by applying professional judgment. The County will provide, if necessary, documents and information to complete the work described in the preceding paragraph. The County representative signing this letter is available to you to discuss any details related to this engagement. This letter of engagement will begin July 1, 2021 and terminate on August 31, 2022 and will require a new document in succeeding years to be effective. You acknowledge and agree that you shall not be entitled to workers' compensation benefits in connection with this project and that you shall be responsible for the payment of all state and federal income taxes. Compliance with House Bill 06-1343 and House Bill 07-1073 A. In compliance with House Bill 06-1343 and House Bill 07-1073 amending Title 8 ofthe Colorado Revised Statutes by the addition of Article 17.5, Illegal Aliens-Public Contract for Services, enacted by the General Assembly of the State of Colorado, the Contractor Contract#: Ledger#: shall not: 1. Knowingly employ or contract with an illegal alien to perform work under this contractor; 2. Enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. B. In compliance with House Bill 06-1343 and House Bill 07-1073 enacted by the General Assembly of the State of Colorado: 1. The Contractor has confirmed or attempted to confirm the employment eligibility of all employees who are newly hired for employment in the United States through participation in the Basic Pilot Program [created in Public Law 208, 104th Congress, or its successor and expanded in Public Law 156, 108th Congress, or its successor, that is administered by the United States Department of Homeland Security] and, if the Contractor is not accepted into the Basic Pilot Program prior to entering into this contract, the Contractor shall apply to participate in the Basic Pilot Program every three months until the Contractor is accepted or this contract has been completed, whichever is earlier. This provision shall not be required or effective if the Basic Pilot Program is discontinued. 2. The Contractor shall be prohibited from using Basic Pilot Program procedures to undertake pre-employment screening of job applicants while this contract is being performed. 3. If the Contractor obtains actual knowledge that a subcontractor performing work under this contract knowingly employs or contracts with an illegal alien, the Contractor shall be required to: a. Notify the subcontractor and the County within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and b. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph(a) of this paragraph(3)the subcontractor does not stop employing or contracting with the illegal aliens; except that the Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 4. The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the Department of Labor and Employment is undertaking pursuant to the authority established in Subsection(5) of C.R.S. 5C 8-17.5-102. In all other respects the Agreement is in full force and effect and remains unchanged by this Amendment. If you are in agreement with the terms of this letter, please sign below. We appreciate the opportunity of working with you. Contract#: Ledger#: Sincerely, 3IALIA 'al Jun-10-2021 Julia Ely, Date County Board of Equalization Administrator AGREED: DI (2IA/i4Jun-25-2021 Alice Davis Date Contract#: Contract No. 129.21 Ledger#: LETTER OF ENGAGEMENT June 10, 2021 Project Name: Per Resolution number 041-2021 Regarding Appointment of an Independent Referee to sit on Behalf of the Board of Equalization to Hear Tax Payer's Appeals Name:Steve Hach Re:Hearing Officer for the 2021 Board of Equalization Process Dear Steve: The purpose of this letter is to summarize the pertinent terms of Pitkin County's arrangement with you to provide the specified services enumerated in the following paragraph. The County's obligation under the Workers' Compensation Statute requires Pitkin County and you to formalize the terms of this engagement in writing. To serve as a hearing officer to hear tax disputes on behalf of the Board of Equalization for 2021. Compensation shall be at$175.00 per hour. It is mutually agreed that the County does not have an exclusive right to your services and it is contemplated that you may provide similar work to other businesses, governments and non- profit organizations. You acknowledge that the work performed for Pitkin County will be that of an independent contractor and that no employee-employer relationship is created. You have full control over how the services are performed and it is expected that work will be conducted in accordance with industry standards by applying professional judgment. The County will provide, if necessary, documents and information to complete the work described in the preceding paragraph. The County representative signing this letter is available to you to discuss any details related to this engagement. This letter of engagement will begin July 1, 2021 and terminate on August 31, 2022 and will require a new document in succeeding years to be effective. You acknowledge and agree that you shall not be entitled to workers' compensation benefits in connection with this project and that you shall be responsible for the payment of all state and federal income taxes. Compliance with House Bill 06-1343 and House Bill 07-1073 A. In compliance with House Bill 06-1343 and House Bill 07-1073 amending Title 8 ofthe Colorado Revised Statutes by the addition of Article 17.5, Illegal Aliens-Public Contract for Services, enacted by the General Assembly of the State of Colorado, the Contractor Contract#: Ledger#: shall not: 1. Knowingly employ or contract with an illegal alien to perform work under this contractor; 2. Enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. B. In compliance with House Bill 06-1343 and House Bill 07-1073 enacted by the General Assembly of the State of Colorado: 1. The Contractor has confirmed or attempted to confirm the employment eligibility of all employees who are newly hired for employment in the United States through participation in the Basic Pilot Program [created in Public Law 208, 104th Congress, or its successor and expanded in Public Law 156, 108th Congress, or its successor, that is administered by the United States Department of Homeland Security] and, if the Contractor is not accepted into the Basic Pilot Program prior to entering into this contract, the Contractor shall apply to participate in the Basic Pilot Program every three months until the Contractor is accepted or this contract has been completed, whichever is earlier. This provision shall not be required or effective if the Basic Pilot Program is discontinued. 2. The Contractor shall be prohibited from using Basic Pilot Program procedures to undertake pre-employment screening of job applicants while this contract is being performed. 3. If the Contractor obtains actual knowledge that a subcontractor performing work under this contract knowingly employs or contracts with an illegal alien, the Contractor shall be required to: a. Notify the subcontractor and the County within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and b. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph(a) of this paragraph(3)the subcontractor does not stop employing or contracting with the illegal aliens; except that the Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 4. The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the Department of Labor and Employment is undertaking pursuant to the authority established in Subsection(5) of C.R.S. 5C 8-17.5-102. In all other respects the Agreement is in full force and effect and remains unchanged by this Amendment. If you are in agreement with the terms of this letter, please sign below. We appreciate the opportunity of working with you. Contract#: Ledger#: Sincerely, $)tAt(q, 61 Jun-10-2021 Julia Ely, Date County Board of Equalization Administrator AGREED: Sic- N,(,I,(, Jun-10-2021 Steve Hach Date Contract No. 130.21 LETTER OF ENGAGEMENT June 24, 2021 Project Name: Per Resolution number 041-2021 Regarding Appointment of an Independent Referee to sit on Behalf of the Board of Equalization to Hear Tax Payer's Appeals and per Resolution number 044-2021 Regarding Appointment of an Independent Referee to Sit on Behalf of the Board of County Commissioners to Hear Abatement Petitions Name: Michael C. Ireland, PC Re:Hearing Officer for the 2021 Board of Equalization Process and Abatement Petitions Dear Mick: The purpose of this letter is to summarize the pertinent terms of Pitkin County's arrangement with you to provide the specified services enumerated in the following paragraph. The County's obligation under the Workers' Compensation Statute requires Pitkin County and you to formalize the terms of this engagement in writing. To serve as a hearing officer to hear tax disputes on behalf of the Board of Equalization for 2021 and to hear abatement petitions on behalf of the Board of County Commissioners thru June 2022. Compensation shall be at $175.00 per hour. It is mutually agreed that the County does not have an exclusive right to your services and it is contemplated that you may provide similar work to other businesses, governments and non- profit organizations. You acknowledge that the work performed for Pitkin County will be that of an independent contractor and that no employee-employer relationship is created. You have full control over how the services are performed and it is expected that work will be conducted in accordance with industry standards by applying professional judgment. The County will provide, if necessary, documents and information to complete the work described in the preceding paragraph. The County representative signing this letter is available to you to discuss any details related to this engagement. This letter of engagement regarding the Board of Equalization will begin July 1, 2021 and terminate on August 31, 2022 and will require a new document in succeeding years to be effective. This letter of engagement regarding Abatement Petitions will begin July 1, 2021 and terminate on June 30, 2022 and will require a new document in succeeding years to be effective. You acknowledge and agree that you shall not be entitled to workers' compensation benefits in connection with this project and that you shall be responsible for the payment of all state and federal income taxes. Compliance with House Bill 06-1343 and House Bill 07-1073 A. In compliance with House Bill 06-1343 and House Bill 07-1073 amending Title 8 ofthe Colorado Revised Statutes by the addition of Article 17.5, Illegal Aliens-Public Contract for Services, enacted by the General Assembly of the State of Colorado, the Contractor shall not: 1. Knowingly employ or contract with an illegal alien to perform work under this contract or; 2. Enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. B. In compliance with House Bill 06-1343 and House Bill 07-1073 enacted by the General Assembly of the State of Colorado: 1. The Contractor has confirmed or attempted to confirm the employment eligibility of all employees who are newly hired for employment in the United States through participation in the Basic Pilot Program[created in Public Law 208, 104th Congress, or its successor and expanded in Public Law 156, 108th Congress,or its successor,that is administered by the United States Department of Homeland Security] and,if the Contractor is not accepted into the Basic Pilot Program prior to entering into this contract,the Contractor shall apply to participate in the Basic Pilot Program every three months until the Contractor is accepted or this contract has been completed,whichever is earlier. This provision shall not be required or effective if the Basic Pilot Program is discontinued. 2. The Contractor shall be prohibited from using Basic Pilot Program procedures to undertake pre-employment screening of job applicants while this contract is being performed. 3. If the Contractor obtains actual knowledge that a subcontractor performing work under this contract knowingly employs or contracts with an illegal alien,the Contractor shall be required to: a. Notify the subcontractor and the County within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and b. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph(a)of this paragraph(3) the subcontractor does not stop employing or contracting with the illegal aliens; except that the Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 4. The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the Department of Labor and Employment is undertaking pursuant to the authority established in Subsection(5) of C.R.S.sr 8-17.5-102. In all other respects the Agreement is in full force and effect and remains unchanged by this Amendment. If you are in agreement with the terms of this letter,please sign below. We appreciate the opportunity of working with you. Sincerely, Met' f Jun-24-2021 Julia Ely, Date County Board of Equalization Administrator AGREED: ((&& iIrd,5U4 Jun-29-2021 Mick Ireland Date Contract No. 131.21 Contract#: Ledger#: LETTER OF ENGAGEMENT June 10, 2021 Project Name: Per Resolution number 041-2021 Regarding Appointment of an Independent Referee to sit on Behalf of the Board of Equalization to Hear Tax Payer's Appeals Name:Li z Newman Re:Hearing Officer for the 2021 Board of Equalization Process Dear Liz: The purpose of this letter is to summarize the pertinent terms of Pitkin County's arrangement with you to provide the specified services enumerated in the following paragraph. The County's obligation under the Workers' Compensation Statute requires Pitkin County and you to formalize the terms of this engagement in writing. To serve as a hearing officer to hear tax disputes on behalf of the Board of Equalization for 2021. Compensation shall be at$175.00 per hour. It is mutually agreed that the County does not have an exclusive right to your services and it is contemplated that you may provide similar work to other businesses, governments and non- profit organizations. You acknowledge that the work performed for Pitkin County will be that of an independent contractor and that no employee-employer relationship is created. You have full control over how the services are performed and it is expected that work will be conducted in accordance with industry standards by applying professional judgment. The County will provide, if necessary, documents and information to complete the work described in the preceding paragraph. The County representative signing this letter is available to you to discuss any details related to this engagement. This letter of engagement will begin July 1, 2021 and terminate on August 31, 2022 and will require a new document in succeeding years to be effective. You acknowledge and agree that you shall not be entitled to workers' compensation benefits in connection with this project and that you shall be responsible for the payment of all state and federal income taxes. Compliance with House Bill 06-1343 and House Bill 07-1073 A. In compliance with House Bill 06-1343 and House Bill 07-1073 amending Title 8 ofthe Colorado Revised Statutes by the addition of Article 17.5, Illegal Aliens-Public Contract for Services, enacted by the General Assembly of the State of Colorado, the Contractor Contract#: Ledger#: shall not: 1. Knowingly employ or contract with an illegal alien to perform work under this contractor; 2. Enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. B. In compliance with House Bill 06-1343 and House Bill 07-1073 enacted by the General Assembly of the State of Colorado: 1. The Contractor has confirmed or attempted to confirm the employment eligibility of all employees who are newly hired for employment in the United States through participation in the Basic Pilot Program [created in Public Law 208, 104th Congress, or its successor and expanded in Public Law 156, 108th Congress, or its successor, that is administered by the United States Department of Homeland Security] and, if the Contractor is not accepted into the Basic Pilot Program prior to entering into this contract, the Contractor shall apply to participate in the Basic Pilot Program every three months until the Contractor is accepted or this contract has been completed, whichever is earlier. This provision shall not be required or effective if the Basic Pilot Program is discontinued. 2. The Contractor shall be prohibited from using Basic Pilot Program procedures to undertake pre-employment screening of job applicants while this contract is being performed. 3. If the Contractor obtains actual knowledge that a subcontractor performing work under this contract knowingly employs or contracts with an illegal alien, the Contractor shall be required to: a. Notify the subcontractor and the County within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and b. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph(a) of this paragraph(3)the subcontractor does not stop employing or contracting with the illegal aliens; except that the Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 4. The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the Department of Labor and Employment is undertaking pursuant to the authority established in Subsection(5) of C.R.S. 5C 8-17.5-102. In all other respects the Agreement is in full force and effect and remains unchanged by this Amendment. If you are in agreement with the terms of this letter, please sign below. We appreciate the opportunity of working with you. Contract#: Ledger#: Sincerely, .JA, f( Jun-10-2021 Julia Ely, � Date County Board of Equalization Administrator AGREED: ta -----ALAN-3,1,10,v1. Jun-21-2021 Liz Newman Date