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HomeMy WebLinkAbout20203800.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 upon full execution of signatures, and ending December 31, 2021, 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 21st day of December, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: diam) ;o, Weld County Clerk to the Board BY: niv Deputy Clerk to the Board AP 'li ED County Attorney Date of signature: 12./30/2, Mike Freeman, Chair Steve Moreno, Pro -Tern Kevin D. Ross CC'.tflC'r(Bc/cD) FI(+/so), cA(BB), RSR0P) o2/02/2 I 2020-3800 BC0053 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 December 2020, 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 seven times to extend the Agreement to December 31, 2021, 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 2020-3800 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 $880,000.00 to $1,030,000.00, an increase of $150,000.00. This increase is in order to continue utilizing the services under this contract after the $880,000.00 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 December 2020, and shall be completed by the 31st of December 2021, and the not to exceed amount found in paragraph 3d of the December 3, 2012 agreement is increased to $1,030,000.00. 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: ATTEST:ddj,GLo;ii Weld ' ou ty Clerk to t BY: Deputy Clerk to the B APPROVED AS TO FUNDIN rZu Controller OOV FORM: Elected Official or Department County Attorney Martindale Consultants, Inc. (an Oklahon?a CQrp9rati By: Todd J. Attalla - Vice -President BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO e Freeman, Chair DEC 2 1 2020 PROVED AS TO SUBSTANCE: ,7bO2O 300 EXHIBIT A Weld County Contract Period: 2017 - 2021 Hourly Rate Amendment Staff Hourly Rates Todd Attalla $ 200.00 Project Manager $ 125.00 - $ 150.00 Experienced Project Lead $ 105.00 - $ 130.00 Assisting Staff (based on experience level) $ 85.00 - $ 115.00 Other Support Staff $ 60.00 - $ 125.00 Hello