HomeMy WebLinkAbout20243365.tiffRESOLUTION
RE: APPROVE AMENDMENT TO PURCHASE OF PROFESSIONAL SERVICES
AGREEMENT FOR OIL AND GAS AUDITS AND EVALUATION SERVICES, 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 an Amendment to the Purchase of
Professional Services Agreement for Oil and Gas Audits and Evaluation Services 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 12, 2024, and ending
December 31, 2025, with further terms and conditions being as stated in said amendment, and
WHEREAS, after review, the Board deems it advisable to approve said amendment, 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 Amendment to the Purchase of Professional Services
Agreement for Oil and Gas Audits and Evaluation Services 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 amendment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of December, A.D., 2024, nunc pro tunc December 12,
2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY
ATTEST: di‘ttiL
y;
Weld County Clerk to the Board
BY: Oe6ttbiLitn • Oaoti-orrA,
Deputy Clerk to the Board
ounty orney
Date of signature: 12,
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cc : ri (cp/ss - c-r(ca), CA UM/K..),
Kevin D. Ross, Chair
EXCUSED
Perry L. Buck, Pro-Tem
Mike Freeman
ASRCYD)
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2024-3365
F10080
BC0058
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BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Amendment To and Extension Of Martindale Professional Services Contract
DEPARTMENT: Finance DATE: 12/17/24
PERSON REQUESTING: Cheryl Pattelli
Brief description of the problem/issue:
Martindale is a firm that audits our oil and gas companies to ensure they are paying the proper amount of
taxes. We have contracted with Martindale since 2012 and pay Martindale a fee based on hours. Any amount
Martindale recovers goes into an escrow account to be distributed to all taxing entities throughout Weld
County. All contract costs, along with indirect costs for the Assessor to manage the process, reduce the
amount to be distributed so all entities pay a prorated portion of the contract costs. Amounts recovered by
Martindale exceed the cost of the contract. The amount paid to Martindale the last three years (2022-2024 to -
date) totaled $395,061 and the amount of revenue collected by Martindale totaled $11.6 million over the same
time period.
What options exist for the Board?
- Sign the contract amendment
- Do not sign the contract amendment
Consequences:
If the contract is not signed Martindale will not perform their audit services. That would most likely
result in a significant amount of revenue for the taxing entities, including Weld County.
Impacts:
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years):
See Exhibit A of the contract. Total costs are approximately $180,000/year.
Recommendation:
Staff recommend that the Board approve putting the amendment with Martingale on the BOCC agenda and
then approve the amendment with Martindale.
Su000rt Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L. Buck, Pro-Tem (4P
Mike Freeman
Scott K. James 146
Kevin D. Ross, Chair
Lori Saine
2024-3365
IZ/Z3
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AMENDMENT TO PURCHASE OF PROFESSIONAL SERVICES AGREEMENT
OIL AND GAS AUDITS AND EVALUATION SERVICES
This AMENDED PURCHASE OF PROFESSIONAL SERVICES AGREEMENT ("Agreement") is
made this 12th day of December 2024, 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 18th Street, Brighton, Colorado
80601, and with Colorado offices located at 4581 Julian, Denver, Colorado 80211, (hereinafter
Contractor").
WHEREAS, on the 3rd day of December 2012, BOCC entered into an Agreement with
Contractor to provide professional audit services to assist the Weld County Assessor in the
evaluation of appeals of the ad valorem assessments on oil and gas production and on the
personal property used in the production process made by made by oil and gas production
operators, and
WHEREAS, the said agreement has been amended several times to extend the
Agreement to December 31, 2025, and
WHEREAS, BOCC has now determined that additional professional audit and consulting
services would continue to assist the Weld County Finance Department in the evaluation of the
accuracy of the records of royalty payments made to Weld County, and
WHEREAS, BOCC has determined that additional professional audit and consulting
services would also continue to assist the Weld County Assessor in the evaluation and
assessment of oil and gas production for as valorem tax purposes, and
WHEREAS, Contractor has the expertise to perform the audits required, to provide the
consulting services, has the time available to timely perform those 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 and Contractor now wish to amend the term of the Agreements of
December 3, 2012, and include the new schedule of fees to be charged during the extended term,
attached as Exhibit A, and
WHEREAS, BOCC and Contractor now wish to amend the term of the Agreements of
December 3, 2012, paragraph 3d. to modify the not to exceed amount for this contract from
$1,480,000.00 to $1,660,000.00, an increase of $180,000.00. This increase is in order to continue
utilizing the services under this contract after the $1,480,000.00 amount has been reached.
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth
hereinafter, BOCC and Contractor agree as follows:
Term of Agreement: Services of the Contractor shall continue to commence on the 12th
day of December 2024, and shall be completed by the 31st of December 2025, and the not to
exceed amount found in paragraph 3d of the December 3, 2012, agreement is increased to
$1,660,000 00. 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.
The attached Exhibit A shall be the schedule of fees charged during this extended term.
All other terms and conditions of the agreement remain the same.
IN WITNESS WHEREOF, BOCC and Contractor have set their hands and seals.
CONTRACTOR:
Martindale Consultants, Inc.
(an Oklahomi ,or oration)
By: r%
Todd J. Attalla ; ve0utive Vice President
BOARD OF COUNTY COMMISSIONERS
ATTEST: d,drif,,,A)JA•
Weld ounty f,lerk to the Boar
BY:
Deputy Clerk to the Board
LD COUNT L-CGI9.BADO
. Ross, Chair CEC 2 3 2024
VED AS TO SUBSTANCE.
ice,
/Jon
Elected Official or Department
2024 3 3105
EXHIBIT A
Weld County
Contract Period: 2025
Hourly Rate Amendment Staff Hourly Rates
Executive Management $ 200.00 - $250.00
Project Manager $ 140.00 - $ 175.00
Experienced Project Lead $ 120.00 - $ 150.00
Assisting Staff (based on $ 115.00 - $ 135.00
experience level)
Other Support Staff $ 60.00 - $ 125.00
ontract
Entity Information
Entity Name" Entity ID*
MARTINDALE CONSULTANTS INC @00032711
Contract Name* Contract ID
AMENDMENT TO PURCHASE OF PROFESSIONAL 8979
SERVICES AGREEMENT OIL AND GAS EVALUATION
SERVICES Contract Lead *
CPATTELLI
Contract Status
CTB REVIEW
o New Entity?
Contract Lead Email
cpattelli@weld.gov
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
THIS IS THE ADDENDUM TO THE CONTRACT WITH MARTINDALE CONSULTANTS FOR OIL AND GAS AUDITS
Contract Description 2
Contract Type* Department
AMENDMENT FINANCE
Amount*
$180,000.00
Renewable*
NO
Automatic Renewal
Grant
IGA
Department Email
CM-Finance@weld.gov
Department Head Email
CM-Finance-
DeptHead@weld.gov
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
D.GOV
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Requested BOCC Agenda Due Date
Date* 12/19/2024
12/23/2024
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Contact Info
Review Date *
12/18/2024
Committed Delivery Date
Renewal Date
Expiration Date*
12/31/2025
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
CHERYL PATTELLI
DH Approved Date
12/19/2024
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
12/23/2024
Finance Approver
CHERYL PATTELLI
Legal Counsel
BYRON HOWELL
Finance Approved Date Legal Counsel Approved Date
12/19/2024 12/19/2024
Tyler Ref*
AG 122324
Originator
CPATTELLI
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