HomeMy WebLinkAbout20194080.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 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 January 1, 2019, and ending
December 31, 2020, 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 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 18th day of September, A.D., 2019, nunc pro tunc January 1, 2019.
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, C ORADO
ATTEST: dotAvsj jelf4;4, �L tje-114.44fc'''
arbara Kirkmeye,-, Chair
Weld County Clerk to the Board
BY:333,-i'jt/ f `� _ �� Mike Freeman, Pro-TemC
Deputy Clerk to the Board
Ell.,44 Sean P. ' onway C
APP AS�� ► R ���;, I` /�l
1861 � � = Cott . James
aunty •ttorney �«
'DUNI Steve Moreno
Date of signature: 09/15//9
C.c.: Fl Cpw/30), OCT C&(CO). 80
Ca 2019-4080
BC0080
torDa /19
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 18th day of September, 2019, 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 five times to extend the Agreement
to December 31, 2020, 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
aO/9- 4O ea
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
$580,000.00 to $730,000.00, an increase of $150,000.00. This increase is in order to continue
utilizing the services under this contract after the $580,000.00 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 1st
day of January, 2019, and shall be completed by the 31st of December, 2020, and the not to
exceed amount found in paragraph 3d of the December 3, 2012 agreement is increased to
$730,000.00. 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 porati
By:
Todd J. Attalla- esident
SEAL (if any)
FEIN: 73-1249823
The foregoing instrument w acknowledged before me this c73‘, day of 'Ai 74,
2019, by 7'1 ,,/ ,//�/l. , as YiA' Prto,6%r7 of
Martindale Consultants, Inc.
My commission expires on:
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17/
1.3."46;ARE ��,
Notary ublic
! #04008005 1
EXP.09/02/20 a
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ATTEST: javet) 'vi BOARD OF COUNTY COMMISSIONERS
Weld 'o n Clerk to th- Board WELD COUNTY, COLORADO
1 , /
Deputy Clerk to the : �• �f�a arbara kirkmeyer, hair
APPROVED AS TO FUNDING: AP OWED AS T BS ANC : ,//4/
Controller v 1 ted Offici or ep rtm nt ead
APPROVED AS TO FORM:
°If.44:41.1114.Vesere._
County Attorney
.22o/9- A.71-b �°
EXHIBIT A
Weld County
Contract Period: 2017 -2020
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-$ 125.00
Other Support Staff $ 60.00 - $ 125.00
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