HomeMy WebLinkAbout20123438.tiff RESOLUTION
RE: APPROVE PURCHASE OF PROFESSIONAL SERVICES AGREEMENT AND
AUTHORIZE CHAIR TO SIGN - MARTINDALE CONSULTANTS, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Purchase of Professional Services
Agreement between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Martindale Consultants, Inc., commencing December 3,
2012, and ending December 2, 2013, with further terms and conditions being as stated in said
agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Purchase of Professional Services Agreement between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, and Martindale Consultants, Inc., be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 3rd day of December, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
\en .
ATTEST: I �'!��"?•r �^
a Sean P. Co Chair
Weld County Clerk to the : ar. „p; . /
.442 William F. Garcia, Pro-T
BY. Lssa/ �tnli fir.
Deputy Cl=rk o the Boa t.' o 4 44ine-tifeA,
B r/ er
DASeTc
� cv�
David E. Long
o my Attorney CO
Dougl s Rademach r
DEC 1 7 2012
Date of signature:
Cc /VietY-75„eta. C
-9 0 2012-3438
BC0043
PURCHASE OF PROFESSIONAL SERVICES AGREEMENT
2013 OIL AND GAS AUDITS
This PURCHASE OF PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made this
19T" day of November, 2012, by and between County of Weld, a body politic and corporate of
the State of Colorado, by and through the Board of County Commissioners of the County of
Weld whose address or principal place of business is 1150 "O" Street, Greeley, Colorado
80631, and on behalf of the Weld County Assessor, (hereinafter "BOCC"), and Martindale
Consultants, Inc. an Oklahoma corporation whose principal office is located at 4242 North
Meridian Avenue, Oklahoma City, Oklahoma 73112, registered in the State of Colorado, with a
registered agent, InCorp Services, Inc., located at 36 South 18`" Street, Brighton, Colorado
80601, and with Colorado offices located at 4581 Julian, Denver, Colorado 80211, (hereinafter
"Contractor").
WHEREAS, BOCC has determined that professional audit services would assist the
Weld County Assessor in the evaluation of appeals made by oil and gas production operators of
the ad valorem assessments made on oil and gas production and on the personal property used
in the production process, and
WHEREAS, Contractor has the expertise to perform these services, has the time
available to timely perform the services, and is willing to perform the services according to the
terms of this Agreement and in accordance with the applicable policies of BOCC and the Weld
County Assessor, and
WHEREAS, BOCC has authority to acquire the services described in this Agreement
pursuant to the provisions of§30-11-101, et seq., C.R.S., as amended, and.
WHEREAS, the Weld County Assessor wishes to and has authority to acquire the
services of a Contractor to assist it in the examination and analysis of the records of the
operator(s) of oil and gas leaseholds as described in this Agreement pursuant to the provisions
§ 39-5-120, § 39-21-109 and § 39-7-105, et seq., C.R.S., as amended, and
WHEREAS, BOCC wishes to engage the services of Contractor as an independent
contractor and Contractor wishes to provide its services to the BOCC as more particularly set
forth below.
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth
hereinafter, BOCC and Contractor agree as follows:
1. Scope of Services: Contractor shall perform in a satisfactory and proper
manner, as determined by the BOCC, the services identified in the "Scope of Work for Weld
County Royalty Audits-2013", which is attached hereto, incorporated herein by this reference,
and made a part hereof as "Exhibit A". The responsibilities of the office of the Assessor and
BOCC in relation to Contractor's services, other than compensation of the Contractor, are
2012-3438 1
detailed In Exhibit A. Contractor warrants that services performed under this Agreement will be
performed in a manner consistent with the professional standards governing such services and
the provisions of this Agreement. Contractor further agrees that it will perform these appeal
advisory services as an agent for the Weld County Assessor and in strict compliance with the
requirements of the statutes of Colorado. Contractor further warrants that services performed
under this Agreement will be performed in a manner consistent with the professional standards
governing such services and the provisions of this Agreement
2. Term of Agreement: Services of the Contractor shall commence on the 3rd day
of December, 2012, and shall be completed by the 2n° of December, 2013. This Agreement will
terminate on the date set forth above unless renewed in writing at least thirty (30) days prior to
the date of completion.
3. Compensation/Appropriation:
a. County agrees to pay Contractor for services performed as set forth
on Exhibit A at the rate set forth in Exhibit A. Charges shall be based on the time
actually spent performing the services, including travel time up to an eight hour day.
b. Contractor shall be reimbursed for actual expenses including hotel,(based
upon average hotel rates in Greeley, Colorado when performing services at the Greeley
offices of BOCC), car rental, phone, airfare, and a--$50:00--daity—per-diem" as
reimbursement fec meals expcnees if travel is necessary. „(}
Contractor shall make all efforts to eliminate the need for travel. ��"99
c. Payment to Contractor will be made once per month only upon
presentation of a proper claim by Contractor, itemizing services performed. Contractor
shall submit to BOCC a monthly billing or request for payment that will be paid in
accordance with established procedures of the Weld County Finance Department. Each
billing or request for payment shall specify the total payment due Contractor for the
specific work that is the subject of the request for payment. Additionally, each billing or
request for payment shall specifically state the job identification, date, time, hours,
service performed, expenses, and total compensation requested, and shall specifically
state whether the services were performed pursuant to Exhibit A.
d. Payment for services and all related expenses under this Agreement shall
not exceed Two Hundred Thousand and no/100 Dollars ($200,000.00), unless this
Agreement is amended and approved by the BOCC.
e. In the event the BOCC shall require changes in the scope, character, or
complexity of the work to be performed, and said changes cause an increase or
decrease in the time required or the costs to the Contractor for performance, an
equitable adjustment in fees and completion time shall be negotiated between the
parties and this Agreement shall be modified accordingly by a supplemental Agreement.
Any claims by the Contractor for adjustment hereunder must be made in writing prior to
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performance of any work covered in the anticipated supplemental Agreement. Any
change in work made without such prior supplemental Agreement shall be deemed
covered in the compensation and time provisions of this Agreement.
This appropriation is limited solely to the work to be accomplished during the period from
December 3, 2012 through December 2, 2013. BOCC is not obligated to make any future
apportionment or allocation to this Agreement. Any work performed in excess of amounts
appropriated shall be solely at the risk of Contractor. Notwithstanding any other terms of this
Agreement, it is expressly understood and agreed that: (1) any BOCC financial obligation,
whether direct or contingent, for all or any part of the work under this Agreement, shall extend
only to monies duly and lawfully appropriated and budgeted by BOCC and irrevocably pledged
pursuant to the purposes of this Agreement; (2) BOCC does not by this Agreement irrevocably
pledge present cash reserves for payments in this or future fiscal years; (3) this Agreement is
not intended to create a multiple fiscal year direct or indirect financial obligation of BOCC; (4)
the obligation of BOCC for expenditures, if any, arising during subsequent fiscal years in which
this Agreement could be extended and be in effect, shall only extend to utilization of monies
appropriated and budgeted and encumbered for the purpose of this Agreement in the fiscal year
in which obligations arise.
4. Records. Reports, and Information: At such times and in such forms as BOCC
may require, Contractor shall furnish statements, records, reports, data and information
pertaining to matters covered by this Agreement. Contractor shall maintain its records in
accordance with any requirements prescribed by BOCC. Except as otherwise authorized by
BOCC, The Contractor shall maintain such records for a period of seven (7) years after receipt
of final payment under this Agreement. All reports, test results and all other tangible materials
produced in connection with the performance of this Agreement, whether or not such materials
are in completed form, shall at all times be considered the property of the BOCC. Contractor
shall not make use of such material for purposes other than in connection with this Agreement
without prior written approval of BOCC.
5. Audits and Inspections: At any time during normal business hours and as often
as BOCC may deem necessary, Contractor shall make its records with respect to matters
covered by this Agreement available for examination. Contractor shall permit BOCC to audit,
examine, and make excerpts from such records and audit all contracts, invoices, materials,
payrolls, records of personnel, conditions of employment, and other data relating to this
Agreement. BOCC may call for a certified, independent audit to be performed, at BOCC's
expense, by a mutually agreed upon auditor.
6. Independent Contractor:
a. Contractor shall perform its duties hereunder as an independent
contractor and not as an employee of BOCC. Contractor affirms that it
has or will secure at its own expense all personnel and materials required
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to perform the services detailed in Exhibit A. Such personnel shall not be
employees of, nor have any contractual relationship with, BOCC.
b. Services required hereunder shall be performed by Contractor or under
its supervision, and all personnel engaged in the work shall be fully
qualified and properly licensed or certified, as required by all applicable
local, state and federal laws or regulations to perform such services.
Neither Contractor, nor its personnel, if any, is entitled to Worker's
Compensation benefits or any other benefit of employment with Weld
County, Colorado. Further, Contractor is obligated to pay all federal and
state income tax on any compensation it is paid by BOCC pursuant to this
Agreement.
c. None of the services to be performed by Contractor under this Agreement
shall be subcontracted or otherwise delegated without the prior written
consent of BOCC. Such subcontracted work which is approved shall be
specified in a written agreement between Contractor and its
subcontractor(s), which agreement(s) shall be subject to each provision of
this Agreement. It is recognized that the Contractor will utilize its
employees and contractors to perform the services at the Contractor's
direction without additional approval.
7. No Assignment: Contractor shall not assign or transfer any rights in this
Agreement without the prior written consent of BOCC.
8. Illegal Aliens — Public Contract for Services:
a. Contractor (entity or sole proprietor) shall execute the certification
attached hereto as Attachment 1, in conformance with the provisions of
§ 8-17.5-102(1) and § 24-76.5-101, C.R.S., as amended.
b. Contractor shall not knowingly employ or contract with an illegal alien to
perform work under this public contract for services; or enter into a
contract with a subcontractor that fails to certify to Contractor that the
subcontractor shall not knowingly employ or contract with an illegal alien
who will perform work under this public contract for services.
c. Contractor shall confirm the employment eligibility of all employees who
are newly hired for employment to perform work under this public contract
for services through participation in either the E-Verify Program or the
Department Program.
d. Contractor shall not use either the E-Verify Program or the Department
Program procedures to undertake pre-employment screening of job
applicants while this public contract for services is being performed.
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e. If Contractor obtains actual knowledge that a subcontractor performing
work under this public contract for services knowingly employs or
contracts with an illegal alien, Contractor shall:
(1) Notify the subcontractor and BOCC within three days that
Contractor has actual knowledge that the subcontractor is
employing or contracting with an illegal alien; and
(2) Terminate the subcontract with the subcontractor if within three
days of receiving the notice required pursuant to subparagraph
(1), above, the subcontractor does not stop employing or
contracting with the illegal alien; except that 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.
f. Contractor shall comply with any reasonable request by the Department
of Labor and Employment made in the course of an investigation that the
Department is undertaking pursuant to its authority.
g. Notwithstanding any other provision of this public contract for services, if
Contractor violates any provision of this paragraph, BOCC may terminate
this public contract for services and Contractor shall be liable for all actual
and consequential damages resulting from that termination.
h. Except where exempted by federal law and except as provided in § 24-
76.5-103(3), C.R.S., as amended, Contractor receiving Weld County
funds under this public contract for services must confirm that any
individual natural person eighteen (18) years of age or older is lawfully
present in the United States pursuant to § 24-76.5-103(4), C.R.S., as
amended, if such individual applies for public benefits provided under this
public contract for services. If Contractor has verified that BOCC has
accomplished such confirmation prior to the effective date of this public
contract for services, Contractor is relieved of responsibility under this
paragraph.
9. Compliance with Laws: Contractor shall comply with all applicable federal, state
and local laws, ordinances, resolutions, codes and regulations in providing the services detailed
in Exhibit A.
10. Indemnification: Contractor agrees to hold harmless, indemnify and defend
BOCC, and its officers, employees and agents, acting officially or otherwise, from any and all
claims, demands, damages, and actions of any kind brought by anyone, including attorney's
fees, which may arise out of or result from the negligent or willful misconduct of Contractor or its
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subcontractor(s) in the performance of services as set forth in this Agreement and/or the breach
of any condition(s) of this Agreement.
11. Insurance: The following provisions shall apply to Contractor providing services
pursuant to this Agreement. In order to commence work and receive compensation pursuant to
this Agreement, the terms of this paragraph must be satisfied prior to the commencement of
work. Contractor shall procure and maintain, until all of its obligations under this Agreement
have been discharged, including any warranty periods, all insurance required under this
paragraph.
The insurance requirements stated herein are the minimum limits for this Agreement and
in no way limit the indemnity covenants contained in this Agreement. BOCC in no way warrants
that the minimum limits contained herein are sufficient to protect Contractor from liabilities that
might arise out of the performance of the work under this Agreement by Contractor, its agents,
directors, employees, officers, representatives, or subcontractors; and Contractor is free to
purchase additional insurance as it may determine necessary.
Minimum Types and Limits of Insurance: Contractor shall provide coverage with limits of
liability not less than those stated below. An excess liability policy or umbrella liability policy may
be used to meet the minimum liability requirements provided that the coverage is written on a
"following form" basis.
Commercial General Liability - Occurrence Form
The policy shall be endorsed to include the following "Additional Insured" language:
"Weld County, its subsidiary, parent, associated and/or affiliated entities, successors, or
assigns, its elected officials, trustees, employees, agents, and volunteers shall be named as
`Additional Insureds' with respect to liability arising out of the activities performed by, or on
behalf of the Contractor."
Minimum Limits:
General Aggregate $2,000,000
Products/Completed Operations Aggregate $2,000,000
Each Occurrence Limit $1,000,000
Personal/Advertising Injury $1,000,000
Automobile Liability (This subparagraph can be waived if Contractor does not use any
type of motor vehicle to perform any service under this Agreement)
Bodily Injury and Property Damage for any owned, hired, and non-owned vehicles used in the
performance of this Contract.
Minimum Limits:
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Bodily Injury/Property Damage (Each Accident) $1,000,000
Worker's Compensation and Employers' Liability
Minimum Limits:
Coverage A (Workers' Compensation) Statutory
Coverage B (Employers Liability) $100,000
$100,000
$500,000
Additional Insurance Requirements: The policies shall include, or be endorsed to include, the
following provisions:
On insurance policies where BOCC Is named as an "Additional Insured", BOCC shall be an
Additional Insured to the full limits of liability purchased by Contractor even if those limits of
liability are in excess of those required by the Agreement.
Contractor's insurance coverage shall be primary insurance and non-contributory with respect to
all other available sources.
With respect to Commercial General Liability and Automobile Liability coverage set forth above,
the insurance policy must include contractual liability coverage.
All insurance required by this paragraph shall be issued by companies, authorized to do
business in the state of Colorado and written on forms satisfactory to, approved by, and filed
with the Colorado Division of Insurance within the Colorado Department of Regulatory
Agencies.
Notice of Cancellation: Each insurance policy required by the insurance provisions of this
Contract shall provide the required coverage and shall not be suspended, voided or canceled
except after thirty (30) days prior written notice has been given to BOCC. If cancellation is for
the nonpayment of (a) premium(s), then ten (10) days prior notice may be given to BOCC.
Written notice shall be sent directly to the Office of Contract Administration, at the following
address: Weld County Board of County Commissioners, 1150 "O" Street, Greeley, Colorado
80631
Verification of Coverage: Contractor shall furnish BOCC with Certificates of Insurance (either
an ACCRD form, or an equivalent approved by BOCC).
The certificates for each insurance policy are to be signed by a person authorized by that
insurer to bind coverage on its behalf.
All certificates and endorsements are to be received and approved by BOCC before work
commences. Each insurance policy required by this Agreement must be in effect at or prior to
7
commencement of work under this Agreement and remain in effect for the duration of the
project and for two (2) years after completion of the project. Failure to maintain the insurance
policies as required by this Agreement, or to provide evidence of renewal, is a material breach
of this Agreement.
All certificates and any required endorsement shall be sent directly to BOCC at the following
address: Weld County Board of County Commissioners, 1150 "O" Street, Greeley, Colorado
80631 BOCC reserves the right to require complete, certified copies of all insurance policies
required by this Agreement any time.
Approval: Any modification or variation from the insurance requirements in this Agreement
shall only be made by the Weld County Office of Risk Management after consultation with the
Weld County Attorney's office. Modification shall not require a formal contract amendment, but
may be made by administrative action.
12. Document Ownership Works Made for Hire: All of the deliverable items
prepared for BOCC under this Agreement shall belong exclusively to BOCC and shall be
deemed to be "works made for hire" under the copyright laws of the United States. To the extent
any of the deliverable items may not, by operation of law or otherwise, be works made for hire,
the Contractor hereby assigns to BOCC the ownership of the copyright in the deliverable items,
and BOCC shall have the right to obtain and hold in its own name, copyrights, registrations, and
similar protections. Contractor agrees to give BOCC or its designee all assistance reasonably
required to perfect such rights. To the extent that any pre-existing materials are contained in the
deliverable items, Contractor grants to BOCC an irrevocable, non-exclusive, worldwide, royalty-
free license to use, execute, publish, reproduce, display, perform, distribute copies of, and
prepare derivative works based upon such pre-existing materials and derivative works thereof
and to authorize others to do any, some, or all of the foregoing.
13. Termination for Cause: If Contractor or BOCC fails to fulfill its obligations under
this Agreement in a timely and proper manner or violates any of the provisions of this
Agreement, then the non-defaulting party shall thereupon have the right to terminate this
Agreement for cause by giving written notice to the defaulting party of such termination and
specifying the effective date of termination. The defaulting party, however, shall not be relieved
of liability to the non-defaulting party for damages sustained by virtue of any breach of this
Agreement. In the event of default by Contractor, BOCC may withhold payments due under
paragraph 3, above, for the purpose of set-off until such time as the exact amount of damages
due BOCC from Contractor is determined.
14. Termination for Convenience: Either party may terminate this Agreement
without cause at any time. BOCC may terminate this Agreement without cause at any time by
giving at least twenty (20) days written notice to Contractor. If this Agreement is terminated for
the convenience of BOCC, Contractor shall be paid for all services provided to and accepted by
BOCC prior to the date of termination.
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15. Conflict of Interest: During the term of this Agreement, Contractor shall not
perform similar services for persons, firms, or entities, including governmental entities, which
have the potential to create a conflict of interest, unless the potential conflict is disclosed to and
approved in writing by BOCC.
16. Governing Law: The laws of the state of Colorado shall govern the validity,
performance and enforcement of this Agreement. Should either BOCC or Contractor institute
legal action for enforcement of any obligation' contained herein, it is agreed that venue shall be
in Weld County, Colorado.
17. Severability: If any term or condition of this Agreement shall be held to be
invalid, illegal, or unenforceable, this Agreement shall be construed and enforced without such
provision, to the extent that this Agreement is then capable of execution within the original intent
of the parties.
18. Headings: Titles and paragraph divisions are inserted in this Agreement for ease
of reference and do not define, limit, or prescribe the scope or Intent of the provisions of this
Agreement or any part thereof.
19. Authority: Each person signing this Agreement represents and warrants that
he/she is fully authorized to enter into and execute this Agreement and to bind the party
represented to the provisions of this Agreement.
20. Counterparts and Facsimile Signatures: This Agreement may be executed in
counterparts, each of which shall be deemed an original. Facsimile signatures of, or on behalf
of, BOCC or Contractor on this Agreement and any modification hereto shall be effective for all
purposes.
21. Notices: Notices to be provided under this Agreement shall be given in writing
either by hand delivery or by certified return receipt requested United States mall, to the
following:
BOCC's Representative: Weld County Assessor:
Esther Gesick Christopher Woodruff
Deputy Clerk to the Board Weld County Assessor
1150 "O" Street, P.O. Box 758 1400 N. 17th Avenue
Greeley, Colorado 80631 Greeley, Colorado 80632
Tel.: 970-336-7215 ext. 4226 970-353-3845 ext 3650
Fax: 970-304-6433 ext 3658
Email: egesick@co.weld.co.us cwoodruff@co.weId.co.us
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Contractor:
Martindale Consultants, Inc.
W. Patrick Martindale
President and Owner
4242 N. Meridian Ave.
Oklahoma City, OK 73112
Telephone: (405) 728-3003 Ext. 13
Fax: (405) 728-3893
Email: P.Martindale@Marticons.com
22. Interruptions: Neither party to this Agreement shall be liable to the other for
delays in delivery or failure to deliver or otherwise to perform any obligation under this
Agreement, where such failure is due to any cause beyond its reasonable control, including
but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental
actions.
23. Confidentiality: Contractor is aware that under Colorado law, (§ 39-1-101, § 39-
1-104, § 39-5-120, and § 39-1-116, C.R.S., as amended), the Weld County Assessor is
required to maintain the privacy of the records submitted to it by taxpayers. Contractor
agrees that such taxpayer information shall remain confidential and shall not be disclosed to
any party other than the taxpayer and the Weld County Assessor without the express written
consent of the Weld County Assessor. In addition, no information obtained by Contractor in
the course of the performance of its services under this Agreement shall be disclosed by
Contractor to any third parties for any purpose or reason. All requests for such information
shall be referred to the Weld County Director of Finance and Administration.
24. Acceptance of Product not a Waiver: Upon completion of the work,
Contractor shall submit to BOCC originals of all results, reports, etc., generated during
completion of this work. If BOCC requires submission of all work products, Contractor will
also retain copies of such work product required by auditing standards. Acceptance by
BOCC of reports and incidental material furnished under this Agreement shall not in any way
relieve Contractor of responsibility for the quality and accuracy of the work. Acceptance by
BOCC of, or payment for, any services performed under this Agreement shall not be
construed as a waiver of any of BOCC's rights under this Agreement or under the law
generally.
25. No Third Party Beneficiary: It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating to
such enforcement, shall be strictly reserved to the undersigned parties and nothing in this
Agreement shall give or allow any claim or right of action whatsoever by any other person
not included in this Agreement. It is the express intention of the undersigned parties that
any entity other than the undersigned parties receiving services or benefits under this
Agreement shall be an incidental beneficiary only.
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26. Access to Records: BOCC shall have access to Contractor's financial
records as they relate to this Agreement for purposes of audit. Such records shall be
complete and available for audit 90 days after final payment hereunder and shall be retained
and available for audit purposes for at least five years after final payment hereunder.
27. Time of Essence: Time is of the essence in each and all of the provisions of
this Agreement.
28. Non-Exclusive Agreement: This Agreement is nonexclusive and BOCC
may engage or use other contractors or persons to perform services of the same or similar
nature.
29. Certification: Contractor certifies that Contractor is not an illegal immigrant,
and further, Contractor represents, warrants, and agrees that it has verified that Contractor
does not employ any illegal aliens. If it is discovered that Contractor is an illegal immigrant,
employs illegal aliens or subcontracts with illegal aliens, County can terminate this
Agreement and Contractor may be held liable for damages.
30. Funding Contingency. No portion of this Agreement shall be deemed to
create an obligation on the part of County to expend funds not otherwise appropriated or
budgeted for.
31. Governmental Immunity. Nothing herein shall be interpreted as a waiver of
governmental Immunity to which the BOCC may otherwise be entitled under the provisions
of Section 24-10-101, et seq., C.R.S., as amended.
32. Entire Agreement/Modifications: This Agreement contains the entire
agreement between the parties with respect to the subject matter contained in this
Agreement. This instrument supersedes all prior negotiation, representation, and
understanding or agreements with respect to the subject matter contained in this Agreement.
This Agreement may be changed or supplemented only by a written instrument signed by
both parties.
IN WITNESS WHEREOF, BOCC and Contractor have set their hands and seals.
CONTRACTOR:
ATTEST:
Martindale Cons -n -, Inc.
(an Okla • a ' orp.ration)
B .L
W. Patri '�Martindale - r-: dent
S • (if any)
LAURA J.MERMAN FEIN: 73-1249823
Notary Public
State of Oklahoma
Commission s 04008005
My Commission Expires Sep 2.2016 11
The foregoing instrument was acknowledged before me this _day of 4&11)___U.) ,
2012, by W 1/Pie IL MA,da-le,2 , as -WeGiLien >L of
Martindale Consultants, Inc.
My commission expires on: L //-
1(1-kotd149 Notary Pu lic
6 MME 1J0/hA.iJL4-o 14w
ATTEST: BOARD OF COUNTY
CLERK TO THE OARD COMMISSIONERS OF
WELD COUNTY, COLORADO
By: j� I ABy: ciD . Q
Deputy Clerk tote Board „it's; q, 3 N Sean P. Conway, Chairman 7--`
„, f-,-r DEC
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12
Comps urce
`� klahomae
the Source for Workers Compensation Insurance
CERTIFICATE OF INSURANCE FORM UN6
CERTIFICATE ISSUED TO:
WELD COUNTY ASSESSOR
1400 N 17TH AVE
GREELEY CO 80632
THIS IS TO CERTIFY THAT POLICY NUMBER 00377430 12 1 ISSUED IN THE NAME OF:
MARTINDALE CONSULTANTS INC
4242 N MERIDIAN
OKLAHOMA CITY OK 73112-2457
IS IN FORCE ON THE DATE HEREOF, AS FOLLOWS:
CERTIFICATE OF INSURANCE APPLIES ONLY TO LOCATIONS AND OPERATIONS
WITHIN THE STATE OF OKLAHOMA AND EXTRA TERRITORIAL JURISDICTION.
THIS POLICY DOES NOT COVER INJURIES TO RESIDENTS OF OTHER STATES
WHILE PERFORMING WORK IN THAT OTHER STATE UNLESS SUCH WORKER IS
HIRED IN OKLAHOMA AND SPECIFICALLY AFFORDED COVERAGE BY ENDORSEMENT.
KIND OF INSURANCE: WORKERS COMPENSATION AND EMPLOYERS LIABILITY
POLICY PERIOD: EFFECTIVE: 03 01 12 AT 12:01 A.M.
EXPIRES: 03 01 13 AT 12:01 A.M.
THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS
EXTENDS OR ALTERS THE COVERAGE AFFORDED IN THE POLICY DESCRIBED HEREIN.
LIMITS OF LIABILITY:
WORKERS COMPENSATION INSURANCE: FULLY COMPLIES WITH THE REQUIREMENTS OF
THE STATE LAWS OF OKLAHOMA.
EMPLOYERS LIABILITY INSURANCE:
BODILY INJURY BY ACCIDENT 1,000,000 EACH ACCIDENT
BODILY INJURY BY DISEASE 1,000,000 EACH EMPLOYEE
BODILY INJURY BY DISEASE 1,000,000 POLICY LIMIT
THE DESCRIBED POLICY IS A STANDARD OKLAHOMA WORKERS COMPENSATION AND EMPLOYERS
LIABILITY POLICY APPROVED BY THE STATE PROPERTY AND CASUALTY RATE BOARD. IN
THE EVENT OF ANY MATERIAL CHANGE IN, OR CANCELLATION OF SAID POLICY THE
UNDERSIGNED COMPANY WILL GIVE A 10 DAY WRITTEN NOTICE TO THE PARTY TO WHOM
THIS CERTIFICATE IS ISSUED, BUT FAILURE TO GIVE SUCH NOTICE SHALL IMPOSE NO
OBLIGATION NOR LIABILITY UPON THE COMPANY. SIGNED 11-30-12 AT ITS
OKLAHOMA CITY, OKLAHOMA OFFICE.
COMPSOURCE OKLAHOMA
UNDERWRITER
EM CWOODRUFF@CO.WELD.CO.US SR
f0 Box53505 Oklehoau Cory,OK 73154.3505 (405)732-7663 (800)341-3863 wwe.mmpvoueokmm OK(ONNe:1901 N Wnlnuf Ave Tulsa VW 3055 Oenvei Ave
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November 16, 2012 a `i arts ons
RE: Scope of Work for Weld County
Abatement Filings Consulting and Review
1) Initial Projects:
A. Encana Abatement Filing Consulting and Discovery
B. EOG Abatement Filing Consulting and Discovery
2) Services for Each Project:
A. General consulting for the Assessor's office on an "as needed"basis.
B. Review Abatement Filing and aide the Assessor's office in developing the discovery
request for each Abatement Filing.
C. Review filings and provided support for compliance with Chapter 6 of the Assessors
Reference Library.
3) Manpower Requirements:
Martindale Consultants, Inc. will provide manpower estimates once the Abatement Filings are
reviewed.
4) Rates:
Rates for the beginning of this engagement through December 2013 shall be:
Personnel Rate per Hour
Project Manager $ 125.00- 150.00
Lead Auditor 100.00- 110.00
Assisting Auditors 80.00 - 100.00
Todd Attalla 150.00
Pat Martindale 200.00
Administrative Assistance 50.00- 80.00
Litigation Rates Rate per Hour
W. Patrick Martindale $ 300.00
Todd Attalla 250.00
Corporate Office • 4242 N. Meridian Ave- • Oklahoma City, OK 73112
Phone: (405) 728-3003 • Fax: (405) 728-3893 • www.marticons.com
5) General:
We want to meet the Counties objectives while also staying within our firm's capacity to
maintain quality control on each individual project as they arise.
We look forward to working with you and will address any questions and concerns you may
have as we progress.
Regards,
t—CS_
Todd Attalla
Martindale Consultants, Inc.
Phone (405) 728-3003 Ext. 12.
Corporate Office • 4242 N. Meridian Ave. • Oklahoma City, OK 731 12
Phone: (405) 728-3003 • Fax: (405) 728 3893 • www_marticons.com
ATTACHMENT A
Public Contracts for Services. C.R.S. §8-17.5-101:
Contractor certifies, warrants, and agrees that it does not knowingly employ or contract
with an illegal alien who will perform work under this contract and will confirm the
employment eligibility of all employees who are newly hired for employment in the
United States to perform work under this Agreement, through participation in the E-
Verify program of the Department program established pursuant to C.R.S. §8-17.5-
102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement or enter into a contract with a subcontractor that
fails to certify with Contractor that the subcontractor shall not knowingly employ or
contract with an illegal alien to perform work under this Agreement. Contractor (a) shall
not use E-Verify Program or Department program procedures to undertake pre-
employment screening or job applicants while this Agreement is being performed, (b)
shall notify the subcontractor and Weld County within three (3) days that Contractor
has actual knowledge that a subcontractor is employing or contracting with an illegal
alien and (c) shall terminate the subcontract if a subcontractor dues not stop employing
or contracting with the illegal alien within three (3) days of receiving notice, and (d) shall
comply with reasonable requests made in the course of an investigation, undertaken
pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and
Employment. If Contractor participates in the Department program, Contractor shall
deliver to Weld County, a written notarized affirmation that V has examined the legal
work status of such employee, and shall comply with all of the other requirements of the
Department program. If Contractor fails to comply with any requirement of this provision
or of C.R.S. §8-17.5-101 et seq., Weld County, may terminate this Agreement for
breach, and if so terminated, Contractor shall be liable for damages.
CONTRACTOR:
ATTEST:
Martindale Co ultants, Inc.
(an Oklaho •a f►orporation
By iii.., i./ _ '
/
Name and Title
SEAL (if any) FEIN: 73—/2Y7223
The foregoing instrument as acknowledged before me this/t5 day of ,1/C'/' i2,6/,,C�r
2012, by fY Pilrjc ttr/ir Lk, , as P/7 /2. 2/- of
Martindale Consultants, Inc.
— My ccynLn siDo.exaYes / !�/�
LAURA J.MELMAN ,/ ��' iL /%/! //
Notary Public Notary Public O
Stale of mama a
Conridesion 0 04008006
My Commission Expires Sep 2.2016
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