Loading...
HomeMy WebLinkAboutContract 44679 (2)Fort Worth 1 Iill. 1964.1993.2011 FORT WORTH® TIZZo'i4) Le -ice Brad Zhanel EnTex Land Services, LLC P. O. Box 8911 Ennis, TX 75120 Dear Mr. Zhanel: This letter agreement ("Agreement") sets forth the terms under which, EnTex Land Services, LLC ("Consultant"), agrees to provide consulting services to the City of Fort Worth ("City"). Consultant shall work with the City staff on the following tasks: Review and compile Unit files for officially recorded drilling units with City of Fort Worth lease interest per specifications in Unit Review Contract Requirements, Exhibit A and Unit Review Lists, Exhibit B. Consultant's performance of service shall be in accordance with the following terms and conditions: 1. Upon request by City to Consultant, Consultant shall perform the services requested by City. In the performance of those services, City shall provide all information relevant to the services Consultant has been requested to perform. 2. As compensation for Consultant's services hereunder, City shall pay Consultant up to $45,000.00 for services based on $300 per unit for a quantity of up to 152 Units. It is agreed that the above rate is effective through December 31, 2013, after which Consultant will notify City in writing of any change in the Consultant's rates. Compensation will be payable upon submission of an invoice. In the event that City disagrees with any amount due under the invoice, City shall communicate such disagreement to the Consultant in writing within thirty (30) days of the invoice date. 3. Out of pocket expenses such as postage and delivery charges, long distance telephone, copies, office supplies and other items are included in the $45,000.00 Consultant's service. All out-of-pocket expenses in excess of $500 to be billed to the City shall be approved in writing by the City before being incurred by the Consultant. 4. All invoices submitted by Consultant for payment of expenses shall be in the name of Consultant. PLANNING AND DEVELOPMENT DEPARTMENT sFFICIAL RECL �-r,� THE CITY OF FORT WORTH * 2ND FLOOR * 1000 THROCKMORTON STREET * FORT WORTH T�1549�y litcACTAR\I 817-392-8000 * 1317-392-8016 i ' ,,--1 k �. RECEIVED All I 3 1 2013 y" A• i«• Printed oil recycled paper ej UI RECEIVED AUG - 5 7.0b 5. In the performance of all services hereunder: (a) Consultant shall be deemed to be, and shall be, an independent contractor. As such, Consultant shall not be entitled to any benefits applicable to the employees of City. (b) Consultant shall comply with all applicable laws and regulations, including, without limitation, laws applicable to activities of Consultant in representing City's interests before any local officials or any governmental or citizens representatives or entity. (c) Consultant shall perform those services requested that are within Consultant's scope of practice and without regard to impact such conclusions may have on the outcome. Consultant does not warrant or predict results or final development in the subject matter. (d) Consultant shall have sole responsibility for the payment of all federal, state, local and other income taxes and for all employment and other taxes applicable to the consideration paid to Consultant hereunder. (e) Consultant has no authority or power to contract for or bind City in any manner, with the exception of contracts and/or agreements with vendors related to expenses mutually agreed upon by both Consultant and City. (f) Consultant warrants that to its knowledge or belief, none of the work Consultant is performing for other clients conflicts with the interest of City. Consultant shall promptly notify City in writing of any conflict of interest that comes to Consultant's attention. In the event a conflict arises and cannot be resolved to City's satisfaction, City shall have the right to immediately terminate this Agreement upon written notice. In such event, City shall pay Consultant the compensation, including expenses, due the Consultant as of the termination date. 6. Prior to the execution of this Agreement, Consultant and City have reached an understanding as to the scope of the services to be performed by Consultant, and Consultant has allotted appropriate time and resources to perform that level of services for City. This scope of services shall include, but not be limited to, those services described in the first paragraph of this Agreement. The parties hereto agree that in the event Consultant's scope of the services is to be expanded during the term hereof, the compensation of Consultant shall be adjusted by mutual agreement. 7. The information and knowledge divulged to Consultant by City, or which Consultant acquires in connection with, or as a result of, Consultant's services hereunder, shall be regarded by Consultant as the confidential information of City 2 (subject to open records laws). Consultant shall not use any such information or knowledge except for the purposes of this Agreement nor shall such information be disclosed to any person except to the employees or authorized representatives of City as may be necessary in the regular course of the duties of Consultant hereunder, or except as otherwise specifically authorized by City. 8. Consultant recognizes that all records and copies of records concerning the operations of City made or received by Consultant during the term of this Agreement are and shall be the property of City. Consultant shall keep such records in its custody and control at all times and shall surrender the same upon the request of City. 9. Consultant shall not assign this Agreement or the performance required of Consultant hereunder without the prior written consent of City. Any attempted assignment without City's prior written consent shall be void. This Agreement shall be binding upon the successors, assigns, heirs, executors, and legal representatives of Consultant. 10. This Agreement shall be effective as of % /3 (Date) and shall continue until the services requested under this Agreement are completed or by December 31, 2013. Either party may terminate this Agreement at any time prior to such expiration, for any reason, upon thirty (30) days written notice. In the event of such termination, City shall pay Consultant the compensation due to Consultant as of the termination date, including reimbursement for expenses incurred in accordance with this Agreement. 11. All notices or communications hereunder shall be in writing, addressed as follows: If to City: Ms. Jean Petr Planning and Development Gas Division/Gas Lease Section City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 If to Consultant: EnTex Land Services, LLC P. O. Box 8911 Ermis, Texas 75120 or 904 S. Kaufman, Suite C Ennis, Texas 75119 A party may change its address upon written notice to the other party. 12. This Agreement shall be governed by and construed and interpreted in accordance with the laws of the State of Texas. A venue for any action arising hereunder shall be exclusively in Tarrant County, Texas. 13. This Agreement contains the entire agreement and Understanding between the parties with respect to the subject matter hereof and merges and supersedes all 3 prior discussions and writings with respect thereof. No modifications or alterations of this Agreement shall be effective unless made in writing and signed by both parties. If the foregoing is consistent with your understanding of the services and terms under which you will provide them, please so indicate by signing in the space provided below and return one fully executed copy of this letter to the undersigned for our files. dv7�,,:.�G.c_. Fernando Costa Assistant City Manager By: ( Date 7 /Z5 1(3 Tit ,1aKa .er i En ex Land Services, LLC Date 4 0a//3 OFFICIAL. RECOR.t CITY SECRET/URN, FT, WORTH, I% EXHIBIT A UNIT REVIEW CONTRACT REQUIREMENTS 7/16/13 CREATE SEPARATE CD FOR EACH UNIT WITH SCANNED OR CREATED DOCUMENTS FOR EACH UNIT FILE TO CONTAIN THE FOLLOWING: o DESIGNATION OF POOLED UNIT AND AMENDMENTS (DPU/DOU) o PLATS OF UNITS/WELLS o P-12(S) o PERMIT DOCUMENTS o WELL INFORMATION AND PRODUCTION (Consultant create and provide in Excel document) ■ API FOR EACH WELL • NAME OF EACH WELL • PRODUCTION DATA • SPUD DATE ■ COMPLETION DATE • CURRENT STATUS (I.E. SHUT IN, PRODUCING, ETC.) o DECIMAL INTEREST (Unit Summary Sheet) • LEASE NAME • LEASE RECORDING # • LEASE ACREAGE • P-12 ACREAGE • P-12 TRACT NUMBER ■ % OF MINERAL INTEREST BY CFW LEASE AND TOTAL FOR UNIT (not including unleased City of Fort Worth properties) • BLANK FIELD FOR CFW USE (DEPARTMENT PER FINANCIAL POLICY) o MAP OF UNIT INDICATING CFW LEASED AND UNLEASED PROPERTIES o ISSUES/RECOMMENDATIONS FOR RESOLUTION • GAS COMPANY CONTACT FOR UNIT • MASTER SPREADSHEET WITH UNITS, LEASES, WELLS AND CITY OF FORT WORTH DECIMAL INTEREST • MASTER LIST OF UNITS REVIEWED WITH ISSUES INDICATED (Consultant create) • CFW WILL PROVIDE: o Recording number for CHK and XTO units from existing file o Map of City of Fort Worth leases and units o Scanned copies of City of Fort Worth leases o Spreadsheet forms to be used • Master Spreadsheet (Units, leases, wells) • Unit Summary Sheet Gas Lease Section —JP EXHIBIT B UNIT REVIEW LIST PRIORITY UNIT WELL COUNT . OPERATOR 1 BIRD (ORRI UNIT) CHK 1 PHOENIX UNIT 5 CHK 1 RALL RANCH UNIT 8 CHK 1 SPINKS 16 CHK 1 SPINKS BROWN 7 CHK 2 BRENTWOOD B 6 CHK 2 GATEWAY 5 CHK 3 GORBETT 1 CHK 3 HUDSON UNIT 7 CHK 3 LITTLE UNIT 1 CHK 3 MERCADO UNIT 7 CHK 3 NW MERCADO UNIT 3 CHK 3 PENSKE UNIT 4 CHK 3 SALAZAR 1 CHK 3 SPARTO UNIT 4 CHK 3 TINDALL 4 CHK 4 CRESTWOOD CHK 4 GOLF 3 CHK 4 GREENWOOD A CHK 4 GREENWOOD B 1 CHK 4 GREENWOOD C 1 CHK 4 GREENWOOD D CHK 4 PAPPAJOHN UNIT 3 CHK 4 REVEILLE 1 CHK 4 WESTSIDE 1 CHK 5 AUSSIE 1 CHK 5 BIG BEND 3 CHK 5 BOZARTH 2 CHK 5 CENTREPORT 1 CHK 5 CENTREPORT NORTH 7 CHK 5 CENTREPORT SOUTH CHK 5 CITY OF EULESS 2 CHK 5 CLANECO UNIT 1 CHK 5 DAKOTA B 1 CHK 5 DUCKHEAD 3 CHK 5 HICKMAN UNIT 5 CHK 5 LEGGETT & PLATT 3 CHK 5 MADDOX BADGER UNIT 2 CHK 5 MADDOX UNIT 1 CHK 5 MALLICK 3 CHK 5 MCCULLEY UNIT 4 CHK 5 MERRIMAC UNIT 1 CHK 5 MORRISON 2 CHK 5 NEWELL 6 CHK 5 NOVIKOFF UNIT 2 CHK 5 OAKWOOD 1 CHK 5 PVI UNIT 1 CHK 5 RIVERBEND 1 CHK 5 S&B SOUTH UNIT 1 CHK 5 S&B UNIT 1 CHK 5 STRUCTURAL STEEL 3 CHK 5 SUMMER CREEK 7 CHK 5 SUPERBOWL 1 CHK 5 THREE AMIGOS 1 CHK 5 WHITE LAKE HILLS 6 CHK 5 WOODHAVEN UNIT 2 CHK 6 ASSEMBLY OF GOD UNIT 1 XTO 6 BRUMBAUGH A 2 XTO 6 BRUMBAUGH CFW 2 XTO 6 CARTER SE UNIT B 5 XTO 6 CREAMER 2 XTO 6 DIAMOND HILL UNIT 4 XTO Page 1 of 3 6 EDWARDS OVERLAND SEA 1 6 EDWARDS OVERLAND NW F 2 6 EDWARDS CLEAR FORK WEST A 1 6 EDWARDS CLFT WEST UT 4H 1 6 EDWARDS OVERLAND NW E 2 6 FOREST PARK A 1 6 KATES/CFW UNIT 1 6 LMRA WEST UNIT 5 6 MEACHAM - NORTH UNIT 6 6 MEACHAM - SOUTH UNIT 3 6 MEACHAM UNIT 18 6 MIRA VISTA 3 6 OAKMONT 1 6 SANSOM PARK 5 6 SHADY OAK FARM A 4 6 SHADY OAK FARM B 2 6 SHADY OAK FARM C 2 6 SHALEHOUSE ROCK UNIT 1 6 SLAUGHTER HEIGHTS UNIT 1 6 SO UNIT 3 6 TARRAGON A UNIT 1 6 TARRAGON MSP 1 6 TIMBER CREEK B 4 6 TRWD MARINE QUEST 2 7 ALLIANCE ALPHABET 10 7 ALLIANCE G 8 7 ALLIANCE J 2 7 ALLIANCE AA BREWER 21 7 EXELON SOUTH UNIT 9 7 LAWHON SOUTH UNIT 8 8 EASTSIDE UNIT 3 8 WATER PLANT UNIT 1 9 AMONG CARTER 1 9 ANDERSON UNIT 1 9 ANIMAL UNIT 1 9 BA PEPPER 1 9 BARNEY ROBINSON 1 9 BENSON UNIT 2 9 BIG DADDY 1 9 BILLIE 1 9 BLAIR EAST 5 9 BRAYLON UNIT 1 9 BREES 1 9 BRONCO UNIT 2 9 CORLEY UNIT 1 9 COWTOWN 1 9 EDERVILLE 1 9 EDGECLIFF A UNIT 1 9 ELLA UNIT 1 9 EPEE UNIT 1 9 FOREST PARK B 1 9 HALLMARK WEST 1 9 HIGHLAND 2 9 HOME RUN 1 9 JACKSBORO 1 9 JENNINGS 1 9 JOVI UNIT 2 9 JUNKYARD UNIT 1 9 KARMALI 2 9 LAWHON WEST UNIT 2 9 LENA UNIT 1 9 LOOP UNIT 2 9 MAPLE TREE SOUTH UNIT 3 9 MAYNARD UNIT 1 9 MBA UNIT 3 XTO XTO XTO XTO XTO XTO XTO XTO XTO XTO XTO XTO XTO XTO XTO XTO, FINLEY XTO, FINLEY XTO XTO XTO XTO XTO XTO XTO QWK QWK QWK QWK QWK QWK FINLEY ARP BARNETT XTO CHK CHK XTO CHK CHK CHK CHK QWK CHK CHK CHK CHK FINLEY CHK CHK CHK CHK XTO CHK CHK CHK CHK CHK CHK CHK CHK QWK CHK CHK XTO CHK XTO Page 2 of 3 9 MC ESTATES UNIT - 1 XTO 9 MOUNT TABOR UNIT 1 CHK 9 NEYLAND UNIT 2 CHK 9 NORMANDALE UNIT 2 CHK 9 PAGE STREET B 1 XTO 9 PAGE STREET D 1 XTO 9 PEAR 1 CHK 9 PEARSON UNIT 2 CHK 9 ROSEDALE NORTH 1 VANTAGE 9 ROSEDALE SOUTH 1 VANTAGE 9 ROSEDALE WEST 1 VANTAGE 9 ROSEN HEIGHTS UNIT 2 XTO 9 ROSEN UNIT 1 CHK 9 SALVATION 1 CHK 9 SANTA FE UNIT 2 CHK 9 SASHA 1 CHK 9 SMITH 2 CHK 9 STOCKYARDS 2 CHK 9 SZTAMENITS 2 FINLEY 9 TEXAS STEEL A 1 XTO 9 TEXAS STEEL B 1 XTO 9 TEXAS STEEL C 1 XTO 9 TRWD BEND 2 CHK 9 TWU A UNIT 1 XTO 9 TWU B UNIT 1 XTO 9 VALKYRIE 1 CHK 9 VAQUERO UNIT 1 CHK 9 VINTAGE 3 CHK 9 WATSON NORTH UNIT 1 CHK 9 WEDGEWOOD 1 CHK 9 WELKER UNIT 1 CHK 9 WESCO A UNIT 2 XTO 9 WESCO B UNIT 1 XTO 9 WESTCLIFF 1 CHK 9 WESTWORTH VILLAGE 1 CHK 9 ZIEGLER UNIT 1 CHK Page 3 of 3 Corporations Section P.O.Box 13697 Austin, Texas 78711-3697 Office of the Secretary of State CERTIFICATE OF FILING OF EnTex Land Services, LLC File Number: 801643794 Hope Andrade Secretary of State The undersigned, as Secretary of State of Texas, hereby certifies that a Certificate of Formation for the above named Domestic Limited Liability Company (LLC) has been received in this office and has been found to conform to the applicable provisions of law. ACCORDINGLY, the undersigned, as Secretary of State, and by virtue of the authority vested in the secretary by law, hereby issues this certificate evidencing filing effective on the date shown below. The issuance of this certificate does not authorize the use of a name in this state in violation of the rights of another under the federal Trademark Act of 1946, the Texas trademark law, the Assumed Business or Professional Name Act, or the common law. Dated: 08/22/2012 Effective: 08/22/2012 Phone: (512) 463-5555 Prepared by: Delores Litt Hope Andrade Secretary of State Come viedl us an the internel al thip://www.so.s.sthle.1.r. us/ Fax: (512) 463-5709 Dial: 7-1-1 for Relay Services TID: 10306 Document: 438889920002 - ,Secretary of State P.O. Box 13697 Austin, TX 78711-3697 FAX: 512/463-5709 Filing Fee: $300 Certificate of Formation Limited Liability Company Filed in the Office of the Secretary of State of Texas Filing #: 801643794 08/22/2012 Document #: 438889920002 Image Generated Electronically for Web Filing Article 1 - Entity Name and Type The filing entity being formed is a limited liability company. The name of the entity is: EnTex Land Services. LLC Article 2 — Registered Agent and Registered Office f-A. The initial registered agent is an organization (cannot be company named above) by the name of: OR iy7 B, The initial registered agent is an individual resident of the state whose name is set forth below: 'Name: Jeremiah Mikel C. The business address of the registered agent and the registered office address is: Street Address: 904 Oak Creek Court Ennis TX 75119 Consent of Registered Agent ;fA. A copy of the consent of registered agent is attached. OR ,rB. The consent of the registered agent is maintained by the entity. Article 37 Governing Authority __.__._.._.._. RA. The limited liability company is to be managed by managers. OR B. The limited liabil ty company will not have managers. Management of the company is reserved to the members. The names and addresses of the governing persons are set forth below: 1Aanager 1: Jeremiah Mikel title: Manager 1/4ddress: 904 Oak Creek Court Ennis TX, USA 75119 Article 4 - Purpose The purpose for which the company is organized is for the transaction of any and all lawful business for which limited liability companies may be organized under the Texas Business Organizations Code. Supplemental Provisions / Information fthe attached addendum, if any, is incorporated herein by reference.] organizer The name and address of the organizer are set forth below, Matthew Johnson 8235 Douglas Ave. Suite 1040 Dallas, TX 75225 Effectiveness of Filing I A. This document becomes effective when the document is filed by the secretary of state. OR 1�6. This document becomes effective at a later date, which is not more than ninety (90) days from the date of its ;signing. The delayed effective date is: Execution The undersigned affirms that the person designated as registered agent has consented to the appointment. The :undersigned signs this document subject to the penalties Imposed by law for the submission of a materially false or `:fraudulent instrument and certifies under penalty of perjury that the undersigned is authorized under the provisions of ,law governing the entity to execute the filing instrument. ;Matthew Johnson Signature of Organizer FILING OFFICE COPY )03223 IRS ""INTERNAL NTHET OF TREASURY REVENUE SERVICE CINCINNATI OH 45999-0023 003223.239344.0009.001 1 MB 0.404 532 III41111111Pi4/414#111:111" 11111'141111d141h14I" ENTEX LAND SERVICES LLC JEREMIAH MIKEL SOLE MBR 904 OAK CREEK CT ENNIS TX 75119 x Date of this notice: 08-27-2012 Employer Identification Number: 46-0833104 Form: SS-4 Number of this notice: CP 575 G For assistance you may call us at: 1-800-829-4933 IF YOU WRITE, ATTACH THE STUB OF THIS NOTICE. WE ASSIGNED YOU AN EMPLOYER IDENTIFICATION NUMBER Thank you for applying for an Employer Identification Number (EIN). We assigned you EIN 46-0833104. This EIN will identify you, your business accounts, tax returns, and documents, even if you have no employees. Please keep this notice in your permanent records. When filing tax documents, payments, and related correspondence, it is very important that you use your EIN and complete name and address exactly as shown above. Any variation may cause a delay in processing, result in incorrect information in your account, or even cause you to be assigned more than one EIN. If the information is not correct as shown above, please make the correction using the attached tear off stub and return it to us. A limited liability company (LLC) may file Form 8832, Entity Classification Election, and elect to be classified as an association taxable as a corporation. If the LLC is eligible to be treated as a corporation that meets certain tests and it will be electing S corporation status, it must timely file Form 2553, Election by a Small Business Corporation. The LLC will be treated as a corporation as of the effective data of the S corporation election and does not need to file Form 8832. To obtain tax forms and publications, including those referenced in this notice, visit our Web site at www.irs.gov. If you do not have access to the Internet, call 1-800-829-3676 (TTY/TDD 1-800-829-4059) or visit your local IRS office. IMPORTANT REMINDERS: * Keep a copy of this notice in your permanent records. This notice is issued only one time and IRS will not be able to generate a duplicate copy for you. • Use this EIN and your name exactly as they appear at the top of this notice on all your federal tax forms. * Refer to this EIN on your tax -related correspondence and documents. If you have questions about your EIN, you can call us at the phone number or write to us at the address shown at the top of this notice. If you write, please tear off the stub at the bottom of this notice and send it along with your letter. If you do not need to write us, do not complete and return this stub. Thank you for your cooperation.