HomeMy WebLinkAbout20233613.tiff RESOLUTION
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 upon full execution of signatures,and
ending December 31,2024,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 11th day of December,A.D.,2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
ATTEST: ddthio
Mike Fr man,Chair
Weld County Clerk to the Board ���
B(
M� ` Per L.Buc Pro-Tem--ATZEt lielh-LIST-C-k_Deputy Clerk to the Board /r"*'+ /-
ott K.James
A VED A 'RM:
n D.Ross
361
County A torney
� (S) ��.ri Saine
Date of signature: ` I
ce:FI /cP/so) cT(cD) 2023-3613
CFt(as/KM),rj5R(BD) FI0078
l2/2S/23 BC0057
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BOARD OF COUNTY COMMISSIONERS
PASS-AROUND REVIEW
PASS-AROUND TITLE:Amendment To and Extension Of Martingale Professional Services Contract
DEPARTMENT:Finance DATE: 11/30/23
PERSON REQUESTING: Cheryl Pattelli
Brief description of the problem/issue:
Martingale is a firm that audits our oil and gas companies to ensure they are paying the proper amount of
taxes.We have contracted with Martingale 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
Q amount to be distributed so all entities pay a prorated portion of the contract costs.
F�` he amount paid to Martingale the last three years(2021-2023)
totaled$371,055 and the amount of revenue collected by Martingale 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 Martingale 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$150,000/year.
Recommendation:
Staff recommend that the Board approve putting the amendment with Martingale on the BOCC agenda and
then approve the amendment with Martingale.
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L.Buck,Pro-Tem ri
Mike Freeman,Chair
Scott K.James ='
Kevin D.Ross
Lori Saine `" Z
2023-3613
F(001%
(ZA k eC005-7
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 21st day of November 2023,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 4100
Perimeter Center Drive,Suite 300,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 ten times to extend the Agreement
to December 31,2024,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
oar— 6/3
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
$1,330,000.00 to$1,480,000.00,an increase of$150,000.00.This increase is in order to continue
utilizing the services under this contract after the$1,330,000.00 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 21st
day of November 2023,and shall be completed by the 31st of December 2024,and the not to
exceed amount found in paragraph 3d of the December 3,2012 agreement is increased to
$1,480,000.00.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:
ATTEST:
Martindale Consultants,Inc.
(an Oklaho a Co or '
By:
Todd J.Attalla- is- esident
ATTEST: v^/jell,vk BOARD OF COUNTY COMMISSIONERS
Weld .0 ty Clerk to e Board WELD COUNTY,COLORADO
BY: /_r.�ti/ir�►1 r% '` ✓ _
Deputy Clerk tot �:o�•�„ Mike Freeman,Chair
I�, 4��.����,,_ fl DEC 1 1 2023
-kt't APPROVED AS TO SUBSTANCE:
li x(2111 ion c�
Elected Official or Department
020,,5 56/5
EXHIBIT A
Weld County
Contract Period:2024
Hourly Rate Amendment Staff Hourly Rates
Executive Management $200.00-$225.00
Project Manager $140.00-$175.00
Experienced Project Lead $125.00-$150.00
Assisting Staff(based on $115.00-$135.00
experience level)
Other Support Staff $60.00-$125.00
Contract Form
Entity Information
Entity Name* Entity ID* O New Entity?
MARTINDALE CONSULTANTS INC @00032711
Contract Name" Contract ID Parent Contract ID
AMENDMENT TO PURPOSE PROFESSIONAL SERVICES 7663
AGREEMENT OIL AND GAS AUDITS AND EVALUATION
Contract Lead* Requires Board Approval
SERVICES
CPATTELLI YES
Contract Status
Contract Lead Email Department Project#
CTB REVIEW
cpattelli@co.weld.co.us
Contract Description*
AMENDMENT TO MARTINGALE PROFESSIONAL SERVICES AGREEMENT FOR OIL AND GAS AUDIT AND EVALUATION
SERVICES
Contract Description 2
Contract Type" Department Requested BOCC Agenda Due Date
AMENDMENT FINANCE Date* 12/02/2023
12/06/2023
Amount* Department Email
$150,000.00 CM- Will a work session with BOCC be required?*
Finance@weldgov.com NO
Renewable*
YES Department Head Email Does Contract require Purchasing Dept.to be
CM-Finance- included?
Automatic Renewal DeptHead@weldgov.com
Grant County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
IGA
County Attorney Email
CM-
COUNTYATTORNEY@WEL
EY@WEL
DGOV.COM
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
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 Review Date* Renewal Date*
12/04/2023 12/31/2024
Termination Notice Period Committed Delivery Date Expiration Date
Contact Information
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head Finance Approver Legal Counsel
CHERYL PATTELLI CHERYL PATTELLI MATTHEW CONROY
DH Approved Date Finance Approved Date Legal Counsel Approved Date
12/04/2023 12/04/2023 12/04/2023
Final Approval
BOCC Approved Tyler Ref#
AG 121123
BOCC Signed Date Originator
CPATTELLI
BOCC Agenda Date
12/11/2023
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