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Home My WebLink Aboutbocc.res.044.2021 Contract No. 132.21 (Attached RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY COLORADO, APPOINTING MICK IRELAND AS AN INDEPENDENT REFEREE (HEARING OFFICER) TO SIT ON BEHALF OF THE BOARD OF COUNTY COMMISSIONERS TO HEAR ABATEMENT PETITIONS RESOLUTION NO. 044-2021 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; and WHEREAS,pursuant to C.R.S. 39-8-102(2)(i)the BOCC has the authority to appoint independent referees (hearing officers)who are experienced in property valuations to hear abatement petitions on behalf of the BOCC, make findings and submit recommendations to the BOCC for its final action; and WHEREAS, due to the low volume of abatement petitions expected, it has been determined that one hearing officer should be appointed; and WHEREAS, the BOCC wishes to appoint Mick Ireland as a hearing officer to act on behalf of the BOCC and to hear abatement petitions thru June 30, 2022; WHEREAS,pursuant to C.R.S. 39-10-114.5, if a petitioner is not satisfied with the Hearing Officer's decision and BOCC's ratification they could choose to go to the Colorado Board of Assessment Appeals; and WHEREAS, The BOCC finds that it is in the best interests of the citizens of Pitkin County to approve this Resolution. 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 as an independent referee (hearing officer) to sit on behalf of the Board of County Commissioners to hear abatement petitions, and authorizes the Chair to sign on behalf of the county. 1 INTRODUCED, READ AND ADOPTED ON THE 23RD DAY OF JUNE, 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS By: M° By: Deputy County Clerk Kelly McNicholas Kury, Chair Date: Jul-07-2021 APPROVED AS TO FORM: MANAGER APPROVAL 106, Et/ PI,uitis Auf{iu, John Ely, County Attorney Phylis Mattice for Jon Peacock, County Manager 2 Contract No. 132.21 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 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