HomeMy WebLinkAbout20231082.tiffCon-1-fra c--{- 11(4 ga
PROFESSIONAL SERVICE AGREEMENT BETWEEN WELD COUNTY AND 76 Group
THIS AGREEMENT is made and entered into this 8th day of May, 2023, by and between
the Board of Weld County Commissioners, on behalf of Administrative Services hereinafter
referred to as "County," and 76 Group, hereinafter referred to as "Contractor".
WHEREAS, County desires to retain Contractor to perform services as required by County
and set forth in the attached Exhibits; and
WHEREAS, Contractor is willing and has the specific ability, qualifications, and time to
perform the required services according to the terms of this Agreement; and
WHEREAS, Contractor is authorized to do business in the State of Colorado and has the
time, skill, expertise, and experience necessary to provide the services as set forth below.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. Introduction. The terms of this Agreement are contained in the terms recited in this
document and in the attached Exhibits, each of which forms an integral part of this Agreement and
are incorporated herein. The parties each acknowledge and agree that this Agreement, including
the attached Exhibits, define the performance obligations of Contractor and Contractor's
willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this
Agreement and any Exhibit or other attached document, the terms of this Agreement shall control,
and the remaining order of precedence shall based upon order of attachment.
Exhibit A consists of County's Request for Bid (RFB) or Request for Proposal (RFP) as
set forth in Bid Package No. B2300095.
Exhibit B consists of Contractor's Response to County's Request.
2. Service or Work. Contractor agrees to procure the materials, equipment and/or
products necessary for the Work and agrees to diligently provide all services, labor, personnel and
materials necessary to perform and complete the Work described in the attached Exhibits.
Contractor shall further be responsible for the timely completion and acknowledges that a failure
to comply with the standards and requirements of Work within the time limits prescribed by
County may result in County's decision to withhold payment or to terminate this Agreement.
3. Term. The term of this Agreement begins upon the date of the mutual execution
of this Agreement and shall continue through and until Contractor's completion of the
responsibilities described in the attached Exhibits. Both of the parties to this Agreement
understand and agree that the laws of the State of Colorado prohibit County from entering into
Agreements which bind County for periods longer than one year. This Agreement may be
extended upon mutual written agreement of the Parties.
4. Termination; Breach; Cure.
5/1'1/'Z3
ounty may termite this Agreement for its own
CST)
5/i7p-3
2023. O�2
QC0�5�1
convenience upon thirty (30) days written notice to Contractor. Either Party may immediately
terminate this Agreement upon material breach of the other party, however the breaching party
shall have- fifteen (15) days after receiving such notice to cure such breach. Upon termination,
County shall take possession of all materials, equipment, tools and facilities owned by County
which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver
to County all drawings, drafts, or other documents it has completed or partially completed under
this Agreement, together with all other items, materials and documents which have been paid for
by County, and these items, materials and documents shall be the property of County. Copies of
work product that is incomplete at the time of termination shall be marked "DRAFT -
INCOMPLETE." If this Agreement is terminated by County, Contractor shall be compensated for,
and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which
it has submitted and which have been approved by the County; (2) the reasonable value to County
of the services which Contractor provided prior to the date of the termination notice, but which
had not yet been approved for payment; and (3) the cost of any work which the County approves
in writing which it determines is needed to accomplish an orderly termination of the work. County
shall be entitled to the use of all material generated pursuant to this Agreement upon termination.
Upon termination of this Agreement by County, Contractor shall have no claim of any kind
whatsoever against the County by reason of such termination or by reason of any act incidental
thereto, except for compensation for work satisfactorily performed and/or materials described
herein properly delivered.
5. Extension or Amendment. Any amendments or modifications to this agreement shall be
in writing signed by both parties. No additional services or work performed by Contractor shall be
the basis for additional compensation unless and until Contractor has obtained written
authorization and acknowledgement by County for such additional services. Accordingly, no
claim that the County has been unjustly enriched by any additional services, whether or not there
is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable
hereunder. In the event that written authorization and acknowledgment by the County for such
additional services is not timely executed and issued in strict accordance with this Agreement,
Contractor's rights with respect to such additional services shall be deemed waived and such
failure shall result in non-payment for such additional services or work performed. In the event
the County shall require changes in the scope, character, or complexity of the work to be
performed, and said changes cause an increase or decrease in the time required or the costs to the
Contractor for performance, an equitable adjustment in fees and completion time shall be
negotiated between the parties and this Agreement shall be modified accordingly by Change Order.
Any claims by the Contractor for adjustment hereunder must be made in writing prior to
performance of any work covered in the anticipated Change Order, unless approved and
documented otherwise by the County Representative. Any change in work made without such
prior Change Order shall be deemed covered in the compensation and time provisions of this
Agreement, unless approved and documented otherwise by the County Representative.
6. Compensation. Upon Contractor's successful completion of the Work, and
County's acceptance of the same, County agrees to pay Contractor an amount not to exceed
$85,000.O J as set forth in the Exhibits. No payment in excess of that set forth in the Exhibits will
be made by County unless a Change Order authorizing such additional payment has been
specifically approved by Weld County as required pursuant to the Weld County Code. If, at any
2
time during the term or after termination or expiration of this Agreement, County reasonably
determines that any payment made by County to Contractor was improper because the service for
which payment was made did not perform as set forth in this Agreement, then upon written notice
of such determination and request for reimbursement from County, Contractor shall forthwith
return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended
funds advanced by County, if any, shall forthwith be returned to County. County will not withhold
any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely
responsible for the accurate reporting and payment of any taxes related to payments made pursuant
to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor
shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to
the contrary contained in this Agreement, County shall have no obligations under this Agreement
after, nor shall any payments be made to Contractor in respect of any period after December 31
of any year, without an appropriation therefore by County in accordance with a budget adopted by
the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado
Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR
Amendment (Colorado Constitution, Article X, Sec. 20).
7. Independent Contractor. Contractor agrees that it is an independent contractor and
that Contractor's officers, agents or employees will not become employees of County, nor entitled
to any employee benefits (including unemployment insurance or workers' compensation benefits)
from County as a result of the execution of this Agreement. Contractor shall be solely responsible
for its acts and those of its agents and employees for all acts performed pursuant to this Agreement.
8. Subcontractors. Contractor acknowledges that County has entered into this
Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall
not enter into any subcontractor agreements for the completion of the Work without County's prior
written consent, which may be withheld in County's sole discretion. County shall have the right
in its reasonable discretion to approve all personnel assigned to the Work during the performance
of this Agreement and no personnel to whom County has an objection, in its reasonable discretion,
shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County
and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by
the terms of this Agreement, and to assume toward Contractor all the obligations and
responsibilities which Contractor, by this Agreement, assumes toward County. County shall have
the right (but not the obligation) to enforce the provisions of this Agreement against any
subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor
shall be responsible for the acts and omissions of its agents, employees and subcontractors.
9. Ownership. All work and information obtained by Contractor under this Agreement or
individual work order shall become or remain (as applicable), the property of County. In addition,
all reports, documents, data, plans, drawings, records and computer files generated by Contractor
in relation to this Agreement and all reports, test results and all other tangible materials obtained
and/or produced in connection with the performance of this Agreement, whether or not such
materials are in completed form, shall at all times be considered the property of the County.
Contractor shall not make use of such material for purposes other than in connection with this
Agreement without prior written approval of County.
3
10. Confidentiality. Confidential information of the Contractor should be transmitted
separately from non -confidential information, clearly denoting in red on the relevant document at
the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity,
Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C.R.S.
24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all
documents. Contractor agrees to keep confidential all of County's confidential information.
Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to
any other person or entity without seeking written permission from the County. Contractor agrees
to advise its employees, agents, and consultants, of the confidential and proprietary nature of this
confidential information and of the restrictions imposed by this Agreement.
11. Warranty. Contractor warrants that the Work performed under this Agreement will be
performed in a manner consistent with the standards governing such services and the provisions
of this Agreement. Contractor further represents and warrants that all Work shall be performed by
qualified personnel in a professional manner, consistent with industry standards, and that all
services will conform to applicable specifications. For work in which Contractor produces a
design to be used for construction purposes, Contractor shall carefully check all unit quantities
and quantity calculations and shall submit them for County review. If the County experiences
additional costs during project construction which are directly associated with errors and
omissions (professional negligence) which require change orders to the construction contract
resulting in costs greater than the construction contract bid unit costs, Contractor shall be
financially liable for such increased costs.
12. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor
shall submit to County originals of all test results, reports, etc., generated during completion of
this work. Acceptance by County of reports and incidental material(s) furnished under this
Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy
of the project. In no event shall any action by County hereunder constitute or be construed to be
a waiver by County of any breach of this Agreement or default which may then exist on the part
of Contractor, and County's action or inaction when any such breach or default exists shall not
impair or prejudice any right or remedy available to County with respect to such breach or default.
No assent, expressed or implied, to any breach of any one or more covenants, provisions or
conditions of the Agreement shall be deemed or taken to be a waiver of any other breach.
Acceptance by the County of, or payment for, the Work completed under this Agreement shall not
be construed as a waiver of any of the County's rights under this Agreement or under the law
generally.
13. Insurance. Contractor must secure, before the commencement of the Work, the
following insurance covering all operations, goods, and services provided pursuant to this
Agreement, and shall keep the required insurance coverage in force at all times during the term of
the Agreement, or any extension thereof, and during any warranty period. For all coverages,
Contractor's insurer shall waive subrogation rights against County.
a. Types of Insurance.
Werkers' Compensation / Employer's Liability Insurance as required by state statute,
covering all of the Contractor's employees acting within the course and scope of their
4
employment. The policy shall contain a waiver of subrogation against the County. This
requirement shall not apply when a Contractor or subcontractor is exempt under Colorado
Workers' Compensation Act., AND when such Contractor or subcontractor executes the
appropriate sole proprietor waiver form.
Commercial General Liability Insurance including public liability and property damage,
covering all operations required by the Work. Such policy shall include minimum limits as
follows: $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal
injury $5,000; Medical payment per person.
Automobile Liability Insurance: Contractor shall maintain limits of $1,000,000 for bodily
injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 forproperty
damage applicable to all vehicles operating both on County property and elsewhere, for
vehicles owned, hired, and non -owned vehicles used in the performance of this Contract.
Professional Liability (Errors and Omissions Liability). The policy shall cover
professional misconduct or lack of ordinary skill for those positions defined in the Scope
of Services of this contract. Contractor shall maintain limits for all claims covering
wrongful acts, errors and/or omissions, including design errors, if applicable, for damage
sustained by reason of or in the course of operations under this Contract resulting from
professional services. In the event that the professional liability insurance required by this
Contract is written on a claims -made basis, Contractor warrants that any retroactive date
under the policy shall precede the effective date of this Contract; and that either continuous
coverage will be maintained or an extended discovery period will be exercised for a period
of two (2) years beginning at the time work under this Contract is completed. Minimum
Limits: $1,000,000 Per Loss; $2,000,000 Aggregate.
b. Proof of Insurance. Upon County's request, Contractor shall provide to County a
certificate of insurance, a policy, or other proof of insurance as determined in County's
sole discretion. County may require Contractor to provide a certificate of insurance naming
Weld County, Colorado, its elected officials, and its employees as an additional named
insured.
c. Subcontractor Insurance. Contractor hereby warrants that all subcontractors providing
services under this Agreement have or will have the above described insurance prior to
their commencement of the Work, or otherwise that they are covered by the Contractor's
policies to the minimum limits as required herein. Contractor agrees to provide proof of
insurance for all such subcontractors upon request by the County.
d. No limitation of Liability. The insurance coverages specified in this Agreement are the
minimum requirements, and these requirements do not decrease or limit the liability of
Contractor. The County in no way warrants that the minimum limits contained herein are
sufficient to protect the Contractor from liabilities that might arise out of the performance
of the Work under by the Contractor, its agents, representatives, employees, or
subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or
prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved
5
of any liability or other obligations assumed or pursuant to the Contract by reason of its
failure to obtain or maintain insurance in sufficient amounts, duration, or types. The
Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance
that it may deem necessary to cover its obligations and liabilities under this Agreement.
e. Certification of Compliance with Insurance Requirements. The Contractor stipulates that
it has met the insurance requirements identified herein. The Contractor shall be responsible
for the professional quality, technical accuracy, and quantity of all services provided, the
timely delivery of said services, and the coordination of all services rendered by the
Contractor and shall, without additional compensation, promptly remedy and correct any
errors, omissions, or other deficiencies.
14. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its
officers, agents, and employees, from and against any and all injury, loss, damage, liability, suits,
actions, claims, or willful acts or omissions of any type or character arising out of the Work done
in fulfillment of the terms of this Agreement or on account of any act, claim or amount arising or
recovered under workers' compensation law or arising out of the failure of the Contractor to
conform to any statutes, ordinances, regulation, judicial decision, or other law or court decree. The
Contractor shall be fully responsible and liable for any and all injuries or damage received or
sustained by any person, persons, or property on account of its performance under this Agreement
or its failure to comply with the provisions of the Agreement. It is agreed that the Contractor will
be responsible for primary loss investigation, defense and judgment costs where this contract of
indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive
all rights of subrogation against the County its associated and/or affiliated entities, successors, or
assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the
work performed by the Contractor for the County. A failure to comply with this provision shall
result in County's right to immediately terminate this Agreement.
15. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest
therein or claim thereunder, without the prior written approval of County. Any attempts by
Contractor to assign or transfer its rights hereunder without such prior approval by County shall,
at the option of County, automatically terminate this Agreement and all rights of Contractor
hereunder. Such consent maybe granted or denied at the sole and absolute discretion of County.
16. Examination of Records. To the extent required by law, the Contractor agrees that an
duly authorized representative of County, including the County Auditor, shall have access to and
the right to examine and audit any books, documents, papers and records of Contractor, involving
all matters and/or transactions related to this Agreement. Contractor agrees to maintain these
documents for three years from the date of the last payment received.
17. Interruptions. Neither party to this Agreement shall be liable to the other for delays
in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where
such failure is due to any cause beyond its reasonable control, including but not limited to Acts of
God, fires, strikes, war, flood, earthquakes or Governmental actions.
18. Notices. County may designate, prior to commencement of Work, its project
6
representative ("County Representative") who shall make, within the scope of his or her authority,
all necessary and proper decisions with reference to the project. All requests for contract
interpretations, change orders, and other clarification or instruction shall be directed to County
Representative. All notices or other communications made by one party to the other concerning
the terms and conditions of this contract shall be deemed delivered under the following
circumstances:
(a) personal service by a reputable courier service requiring signature for receipt; or
(b) five (5) days following delivery to the United States Postal Service, postage prepaid
addressed to a party at the address set forth in this contract; or
(c) electronic transmission via email at the address set forth below, where a receipt or
acknowledgment is required and received by the sending party; or
Either party may change its notice address(es) by written notice to the other. Notice may be sent
to:
TO CONTRACTOR:
Name: Tim Pollard
Position: Managing Principal
Address: 7600 E Eastman Ave, Suite 405
Address: Denver, CO 80231
E-mail: timpoilard@76.group
Phone: (720) 420-4250
TO COUNTY:
Name: Ryan Rose
Position: Chief Information Officer / Director of Finance and Admin Services
Address: 1150 O St
Address: Greeley, CO 80631
E-mail: rrose@weld.gov
Phone: 970-400-2550
19. Compliance with Law. Contractor shall strictly comply with all applicable federal
and State laws, rules and regulations in effect or hereafter established, including without limitation,
laws applicable to discrimination and unfair employment practices.
20. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or
use other Contractors or persons to perform services of the same or similar nature.
21. Entire Agreement/Modifications. This Agreement including the Exhibits attached
hereto and incorporated herein, contains the entire agreement between the parties with respect to
the subject matter contained in this Agreement. This instrument supersedes all prior negotiations,
representations, and understandings or agreements with respect to the subject matter contained in
this Agreement. This Agreement may be changed or supplemented only by a written instrument
signed by both parties.
7
22. Fund Availability. Financial obligations of the County payable after the current fiscal
year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. Execution of this Agreement by County does not create an obligation on the part of
County to expend funds not otherwise appropriated in each succeeding year.
23. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-
50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld
County has any personal or beneficial interest whatsoever in the service or property which is the
subject matter of this Agreement.
24. Survival of Termination. The obligations of the parties under this Agreement that by
their nature would continue beyond expiration or termination of this Agreement (including,
without limitation, the warranties, indemnification obligations, confidentiality and record keeping
requirements) shall survive any such expiration or termination.
25. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal,
or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and
enforced without such provision, to the extent that this Agreement is then capable of execution
within the original intent of the parties.
26. Governmental Immunity. No term or condition of this Agreement shall be construed
or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections
or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as
applicable now or hereafter amended.
27. No Third Party Beneficiary. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement
shall give or allow any claim or right of action whatsoever by any other person not included in this
Agreement. It is the express intention of the undersigned parties that any entity other than the
undersigned parties receiving services or benefits under this Agreement shall be an incidental
beneficiary only.
28. Board of County Commissioners of Weld County Approval. This Agreement shall
not be valid until it has been approved by the Board of County Commissioners of Weld County,
Colorado or its designee.
29. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant
thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any
provision included or incorporated herein by reference which conflicts with said laws, rules and/or
regulations shall be null and void. In the event of a legal dispute between the parties, Contractor
agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute.
30. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants,
and agrees that it does not knowingly employ or contract with an illegal alien who will perform
work under this Agreement. Contractor will confirm the employment eligibility of all employees
8
who are newly hired for employment in the United States to perform work under this Agreement,
through participation in the E -Verify program or the State of Colorado program established
pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not enter into a contract with a
subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly
employ or contract with an illegal alien to perform work under this Agreement. Contractor shall
not use E -Verify Program or State of Colorado program procedures to undertake pre -employment
screening or job applicants while this Agreement is being performed. If Contractor obtains actual
knowledge that a subcontractor performing work under this Agreement knowingly employs or
contracts with an illegal alien Contractor shall notify the subcontractor and County within three
(3) days that Contractor has actual knowledge that a subcontractor is employing or contracting
with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing
or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not
terminate the subcontract if within three days the subcontractor provides information to establish
that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor
shall comply with reasonable requests made in the course of an investigation, undertaken
pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If
Contractor participates in the State of Colorado program, Contractor shall, within twenty days after
hiring an new employee to perform work under the contract, affirm that Contractor has examined
the legal work status of such employee, retained file copies of the documents, and not altered or
falsified the identification documents for such employees. Contractor shall deliver to County, a
written notarized affirmation that it has examined the legal work status of such employee and shall
comply with all of the other requirements of the State of Colorado program. If Contractor fails to
comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may
terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and
consequential damages.
Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if
Contractor receives federal or state funds under the contract, Contractor must confirm that any
individual natural person eighteen (18) years of age or older is lawfully present in the United States
pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under
the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty
of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United
States pursuant to federal law, (b) shall produce one of the forms of identification required by
C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by
C.R.S. § 24-76.5-103 prior to the effective date of the contract.
31. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor
concerning this Agreement, the parties agree that each party shall be responsible for the payment
of attorney fees and/or legal costs incurred by or on its own behalf.
32. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any
extra judicial body or person. Any provision to the contrary in this Agreement or incorporated
herein by reference shall be null and void.
Acknowledgment. County and Contractor acknowledge that each has read this Agreement,
understands it and agrees to be bound by its terms. Both parties further agree that this Agreement,
9
BY.
Deputy Clerk : the : oard /
with the attached Exhibits, is the complete and exclusive statement of agreement between the
parties and supersedes all proposals or prior agreements, oral or written, and any other
communications between the parties relating to the subject matter of this Agreement.
CONTRACTOR:
By:
Name: Tim Pollard
Title: Managing Principal
Date of Si afire
WELD COUta-
ATTEST: 60 '�' �� BOARD OF COUNTY COMMISSIONERS
Weld C, Clerk to the z oard WELD COUNTY, COLORADO
10
Mike Freeman, Chair MAY 1 , 2323
76 GROUP WELD COUNTY
Weld County
Board of County Commissioners
PROPOSAL FOR SERVICES
April 2, 2023
11Page
76 GROUP WELD COUNTY
THE PATH FORWARD o
76 Group is an award -winning public affairs firm with a proven track record of taking on
challenging projects and successfully delivering positive and quantifiable results for our
clients. We believe that our extensive communications and outreach experience would
positively position Weld County as it moves forward with releasing its air quality data.
We have spent years successfully navigating Colorado's unique politics and policy
issues, creating and implementing both crisis communications strategies and education
and persuasion campaigns for local governments and districts, statewide ballot
measures, superfund sites, the energy industry, major corporations, Fortune 500 CEOs,
hospitals and trade associations.
These clients typically require us to synthesize vast amounts of complex information
and data and translate the results into compelling and easily digestible messages and
storylines targeted at specific audiences. And at a time when most Americans are
getting their news and information from multiple devices in diverse formats, we know
how to deploy the right message on the most effective platform and present information
that is graphically appealing and effective.
Our team also has real world journalism experience so we can work with the media to
both proactively and reactively shape and disseminate a narrative that creates
compelling and relatable content to inform public opinion. We also know how to conduct
media training for elected officials and others who need to effectively speak directly to
the press about air quality impacts.
On the outreach front, our strong and extensive relationships with elected officials,
reporters, community leaders and policy influencers will be a significant asset to Weld
County as it addresses current and future community, legislative and regulatory
concerns. Our team has a strong presence at the state legislature and has been on the
forefront of resolving complex political and policy challenges. We know how to create
and implement strategic outreach to legislators and what types of information they need
to move the needle. Additionally, we believe it is critical to have credible, non -
government voices — third -party validators — speaking in support of Weld County. We
have expertise in identifying potential supporters and building coalitions to boost the
county's positive messages.
21 Page
76 GROUP WELD COUNTY
SCOPE OF WORK 0
Based on Weld County's description of the scope of work, we believe the county's goals
are best achieved in three distinct phases:
1. Laying the groundwork
• Meet with county representatives to discuss specific objectives.
Review and analyze the air quality findings from a strategic and messaging
perspective.
Create a stakeholder target list and risk matrix. This should include community
groups, local and state agencies, industry representatives, elected officials,
policy influencers, regulators, etc.
Identify and evaluate potential groups or individuals who may be opposed to
Weld County's education efforts as well as current public perception and media
coverage.
Assess the county's current communication and outreach infrastructure and
determine what tools and materials the county already has at its disposal and
what gaps exist that may need to be filled.
Review any research/information about Weld County's economic base and
interests.
Determine appropriate and effective messages.
2. Strategic Plans
Establish a strategic plan to promote the county's air quality data.
■ Public education efforts targeting different and defined audiences.
■ Match effective messages with the targeted groups.
■ Define communication methods for different audiences, including in -
person, social media, digital and printed informational materials.
• Compile and prioritize media targets and appropriate angles.
• Prioritize goals and deliverables with specific deadlines.
• Establish methods to measure results.
Develop a strategy to communicate with state legislators about air quality data
and what it means. This includes determining a benefit/risk assessment for key
legislators.
3. Implementation
Determine the most credible messengers and put together tailored talking points.
Design and develop promotional materials.
Create talking points for state legislators and other stakeholders and the public.
• Reach out to legislators strategically — work the plan.
• Continually develop messages and engage media as needed, including press
releases, holding statements, media interview prep, Letters to the Editor, Op-Eds
and assistance in meeting with editorial boards.
Generate significant media coverage and "press hits" describing the success of
Weld County in meeting air quality goals.
3IPage
76 GROUP WELD COUNTY
• Proactively engage the media and respond to media requests as warranted.
• Help prepare and participate in community outreach and public meetings.
• Reach out to stakeholders as needed.
• Ongoing assessment and development of the narrative and identification of
strategic opportunities to proactively share the message and engage and
educate the public, including providing support for public meetings.
Continually evaluate the "state of play" in terms of Front Range and community
concerns.
Monitor public statements, including those on social media, by residents and
other stakeholders.
Create website text, talking points, fact sheets and collateral material that
positively educate the public and other stakeholders about air quality data.
Budget
Project Plan: $20k, Phase 1 and 2 (two months)
Phase 3: $6,500 a month for 10 months
Total Budget: $85,000
4IPage
76 GROUP WELD COUNTY
OUR TEAM
Josh Penry
Josh has run winning statewide ballot initiative campaigns
legalizing sports betting, banning gerrymandering, and making it
more difficult for interest groups to amend Colorado's
constitution.
In 2020, he led the Amendment B campaign, the largest fiscal
overhaul enacted in Colorado in decades. Penry was also the lead
strategist for Mike Coffman's upset victories in 2014 and 2016.
A former state representative, state senate minority leader, congressional press
secretary and Staff Director of a U.S. House Subcommittee, Josh now works at the
intersection of public policy and public opinion, helping corporate, non-profit and political
clients move the agenda in a way that matters.
Josh started his career in public life as a press secretary to a member of the U.S. House
and later as the staff director of a House Resources Subcommittee. Josh attended
Colorado Mesa University where he was quarterback, summa cum laude and student
body President. In 1999, he was named the American Football Coaches Association
Scholar Athlete of the Year, an award won the prior year by Peyton Manning.
Karen Crummy
Karen is a nationally renowned communications consultant who
built her reputation as an award -winning political journalist and
investigative reporter with The Boston Herald and The Denver
Post
a
Her journalism background combined with her experience as a
former civil rights lawyer has established Karen as a leader in the *Sr
communications space, guiding public relations and policy
strategies for Fortune 500 CEOs, corporations. high stakes political campaigns, white
collar criminal and civil trials and numerous industries and individuals needing crisis
communications.
Karen has interviewed U.S. Presidents, vice presidents, senators and representatives,
and she has traveled on planes, trains, buses and pickup trucks covering campaigns at
the federal, state and local level and talking to candidates and voters across the
country.
Karen has moderated gubernatorial and U.S. Senate debates and been interviewed by
Fox, CNN. C -SPAN, MSNBC, The New York Times, The Wall Street Journal, The L.A.
Times and other national and local newspapers and radio. She received a B.A. in
5IPage
76 GROUP
WELD COUNTY
history and M.A. in journalism from the University of Colorado at Boulder and a J.D.
from the University of San Francisco School of Law.
Jake Zambrano
Jake has specialized in state government relations,
public affairs, grassroots advocacy, and political
campaign management for over 20 years. He has
represented a number of clients at the Colorado General
Assembly including Colorado Mesa University,
Medtronic, Boehringer-Ingelheim, McLane, Common
Sense Institute and Teladoc to name a few. Prior to
joining 76 Group, Jake was a senior manager with two
other firms specializing in lobbying, project management,
campaign development and government affairs. His government experience includes
being the Director of Government Affairs for the Colorado Department of Higher
Education, and he served previously as the Director of Operations for former Colorado
Governor Bill Owens. Over the years, he has also managed governor, congressional.
mayoral, and state legislative campaigns across the Rocky Mountain West.
Jake serves as an Arapahoe County Commissioners appointee to the board of directors
to the Scientific and Cultural Facilities District and is the board chair for Boys Hope Girls
Hope Colorado.
Blain Rethmeier
Blain is a leading expert in public affairs, government relations
and crisis communications with over 20 years of experience as
a trusted advisor to Fortune 500 companies, C -suite executives
and startup CEOs in Silicon Valley.
Throughout his career, Blain has worked at the highest levels of
government including The White House. Department of Justice and both the U.S.
Senate and House of Representatives. Additionally. he has worked on behalf of many
highly regulated industries on issues before the government while also helping to
educate policymakers, consumers and influencers through compelling messaging, data,
research, and public -facing campaigns.
Most recently, Blain served as the Vice President of Public Affairs for digital health
startup Hims & Hers where he helped the company expand their operations into all 50
states and increased their service offerings to include primary care and mental health
visits through the use of telemedicine. The company recently announced it plans to go
public by the end of 2020, and Blain remains an advisor to the company's leadership.
Wage
76 GROUP WELD COUNTY
Mike King
Mike is recognized as a leader in Natural Resources in
Colorado. He served as the Executive Director of the
Colorado Department of Natural Resources under
Governors Ritter and Hickenlooper before serving most
recently as the Chief External Affairs Officer at Denver
Water.
Mike also served as an Assistant Attorney General in
Colorado prior to embarking on his career managing
Colorado's natural resources.
Mike's comprehensive knowledge of natural resource policy and regulations acquired
over 25 years of managing Colorado's natural resources puts him at the forefront of
resolving complex political and policy challenges. Mike also brings extensive experience
in crisis communications management and an in depth understanding of state and
federal environmental laws.
Ellie Reynolds
Ellis specializes in state and local government affairs and
delivering community support for challenging projects that helps
ensure her clients' success with lawmakers.
Prior to joining the 76 Group, Ellie led Waste Management's
Western Region, managing all issues in Colorado. Utah. New
Mexico, Arizona and Wyoming and working with communities,
the public and governmental and regulatory authorities.
Ellie is a Board Member at Ready Colorado, a nonprofit
organization focused on improving Colorado's education
system by focusing on the needs of students and families. A
graduate of the Leadership Program of the Rockies, she is also
a former Fox News contributor and has appeared on MSNBC and CBS. among other
outlets.
7IPage
The undersigned, by his or her signature, hereby acknowledges and represents that:
1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth
in the request for proposal for Request No. B2300095
2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and
local taxes.
3. He or she is authorized to bind the below -named bidder for the amount shown on the
accompanying proposal sheets.
4. The signed bid submitted, all of the documents of the Request for Proposal contained herein
(including, but not limited to the product specifications and scope of services), the formal
acceptance of the bid by Weld County, and signature of the Chair of the Board of County
Commissioners, together constitutes a contract, with the contract date being the date of signature
by the Chair of the Board of County Commissioners.
5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to
accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of
Weld County. The bid(s) may be awarded to more than one vendor.
FIRM 76 Group
BUSINESS
ADDRESS 7600 E. Eastman Ave. Suite 405
CITY, STATE, ZIP CODE Denver, CO 80231
TELEPHONE NO (720) 318-4281 TAX ID # 84-4083248
PRINTED NAME AND TITLE Karen Crummy, Principal
SIGNATURE /<
E-MAIL karencrummy@76.group
DATE 4/2/23
**THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE*
WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION
NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 - 9.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Clerk to the Board WELD COUNTY. COLORADO
BY:
Deputy Clerk to the Board Mike Freeman, Chair
APPROVED AS TO SUBSTANCE:
Chief Information Officer
BID REQUEST # B2300095 Page 10
r: , W-9
Qtev.Ootobx2014
Depwtreed of the Tres:try
Mewl Rem. &mks
Request for Taxpayer
Identification Number and Certification
I. Go to www.irs.gov/Fotrattl9 for instructions and the attest'dominion.
Give Form to the
requester. Do not
send to the IRS.
R
1 Name Ds shown on your Income tot Mum). Name Is required on fhb ins: do rat leave this Ilse blank.
GP3 Partners
S Steams name/disregarded •vt ty name, n dlvsrevt from above
EIS Solutions, LLC, DBA 76 Group
s Check appropriate box for federal tax der anon of the person whose name la entered on We 1. Cheek only one of the
following wren booker.
❑ Inhdvidusileok proprietor or O c corporation ❑ s corporation O Partnership ❑ mna tieetete
si gle-nembar LLC
Limited Ihebery company. Enter the tax dassificatkm r c corporation. Sea corporation, 1pf ► P
Netm Check the appropriate box In the Ire above for the tax damtecatlon of the single -member owner. Do not deck
LLC If the LLC Is cknated as a A glo-member LLC tut is dinsgarded hem the owner mikes the tremor of the LLC b
another LJ.C that k not dkreganded from the a.m.,. federal time purposes. Otherwise, a aingk-member WC that
k dleegeded from the owner 4teua check the appropriate box for the tax deminxeetlom of Its °amen
❑ Other (eeeimmuctiom)►
2 Address (number,.mt. and apt. or mite no.) See instructions.
7800E Eastman Avenue Suite 405
e City, state. and M code
Denver, Co 80281-4374
7 List account 'tombola) here (optional)
4 Exemptions (codes apply only to
certain entities, not tndi idssb: see
instructions on page 3);
Exempt payee code gam)
Exemption from FATCA reporting
code Rimy)
prpp,t*=ea.&Matirrdawrr a task
Requeste'e name and address toptionei
IZMI Taxpayer identification Number (TIM
Enter your TiN in the appropriate box. The TIN provided must match the name given on Invite to avoid
backup withholding. For individuals, this is generally your eodat security number (SSN). However. for a
resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other
entitles, ft is your employer identification number (EIN). H you do mat have a number, see How to get a
nN, later.
Nabs: n the account Is in more than one name, see the instructions for fine 1. Also see What Name and
Number To Give the meter for guidelines on whose number to enter.
Soda) security number
I I I I
or
Employer iderdM atannumber
8
4
4
0
8
3
2
4
8
WWI Certification
Under penalties of perjury, I certify that
1. The number ehown on this form is my correct taxpayer Mortification number (or I am wolfing fora number to be issued to me): and
2.1 am not subject to backup withholding because (a) I am exempt from bedarp withholding, or (4 I have not been notified by the Internal Revenue
Service ORS) that 1 am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS het notified me than am
no longer subject to backup withholding; and
3. I am a U.S. Minn or other U.S. person (defined below); and
4. The FATCA code(s) arrtered on this form (if any) Indicating that 1 am exempt from FATCA reporting Is correct
Certification Instructions. You must cross out item 2 above if you havoc been notified by the IRS that you are currently subject to backup wfi hhodng because
you here failed to report al Interest end dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid,
acquisition or abandonment of secured property, cancelation of debt, contrnbutlone to an indhridrml ►ellremrd arrangement PRA), end generally, payments
other then interest and dividends, you are not r�kesidoaigyr the certification, but you must provide your correct TIN. See the Instnelons for Patti, late.
Sign ! Signature of
Here UAL parson:
General Instructions
Section references are to the Internal Revenue Code unless otherwise
noted.
Future developments. For the latest trhfonnetion about developments
related in Form W-9 and its instructions, such as legislation enacted
after they were published, go to wwwins.gov/ForrnW9.
Purpose of Form
M Individual or entity (Form W-9 requester) who is required to fib en
information return with the IRS must obtain your correct taxpayer
Identification number (riN) which may be your social security number
(SSN), Individual taxpayer Identification number (ITN), adoption
taxpayer identification number (ATP, or employer Identification number
(BN), to report on an Information return the amount paid to you, mother
amount reportable on an Information return. Examples of information
returns include, but are not limited to, the following.
• Form 1099-INT (interest earned or paid)
h]ees► /z./g7
• Form 1099-DIV (dividends, Indudkhg those from stocks or mutual
funds)
• Form 1099-MISC (various types of Income, prizes, awards, or gross
proceeds)
• Form 1099-8 (stock or mutual fund sales and oertatn other
traneactlons by brokers)
• Form 1099-S (proceeds from red estate transactions)
• Form 1099-K (merchant card and third poly network transactors)
• Form 1098 (home mortgage interest), (student loan interest).
1098-T (tuition)
• Form 1099-C (canceled debt)
• Fonn 1099-A (acquisition or abandonment of secured property)
Use Form W-9 only if you area U.S. person (including a resident
den), to provide your correct TIN.
Ifyou do not return Fwm W-9lo the requester with a TIN, you might
be subject to backup withholding. See What Is ba loip withholding,
later.
Cat. No. 102313
Form W-9 {Rev. 104014
Contract Form
New Contract Request
Entity Information
Entity Name"
76 GROUP
Entity ID.
v=00047058
New Entity?
Contract Name"
PROFESSIONAL SERVICES AGREEMENT BETWEEN WELD
COUNTY AND 76 GROUP
Contract Status
CTB REVIEW
Contract ID
6982
Contract Lead
SWHITMORE
Contract Lead Email
swhitmoreOcomeld.co.us
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description "
62 300095 PUBLIC RELATIONS FOR GOVERNMENT ISSUES AND LEGISLATIVE COMMUNICATIONS. NOT TO EXCEED 885,000.00.
Contract Description 2
Contract Type"
AGREEMENT
Amount
385.000.00
Renewable"
NO
Automatic Renewal
Grant
IGA
Department
INFORMATION
TECHNOLOGY-GIS
Department Email
CM-
InformationTechnologvGIS
weldgov.com
Department Head Email
CM-
InformationTechnologyGIS-
DeptHeadSweldgov.corn
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM -
COUNT, ATTORN EY' a'W ELDG
OV.COM
Requested BOCC Agenda
Date"
05 15 2023
Due Date
05x11:2023
Will a work session with BOCC be required?*
HAD
Does Contract require Purchasing Dept. to be included?
If this is a renewal enter previous Contract ID
If this is part of a NSA enter NSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
On Base
Contract Dates
Effective Date
05 1 5 202 3
Review Date*
05,10!2024
Renewal Date
Termination Notice Period Committed Delivery Date
Contact Information
Contact Info
Contact Name Contact Type
Expiration Date*
05 31;'2024
Contact Email Contact Phone 1 Contact Phone 2
KAREN CRUMMY PRIMARY KARENCRUMMY_770.CROUP
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
RYAN ROSE
DH Approved Date
05'11 2023
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
05117 2023
Originator
SWHITMORE
Finance Approver
CHRIS 0001010
Legal Counsel
BRUCE BARKER
Finance Approved Date Legal Counsel Approved Date
05 11;2023 05 ' 12:2020
Tyler Ref #
AG 051723
MEMORANDUM
TO: Esther Gesick, Clerk to the Board April 28, 2023
FROM: Ryan Rose, Chief Information Officer
SUBJECT: B2300095 — Public Relations for Government Issues
and Legislative Communications
BOCC Approval Date: May 1, 2023
Bids were received and opened on April 3, 2023, B2300095 — Public Relations for
Government Issues and Legislative Communications. Three (3) bids were received but
one was disqualified for late submission and an unsigned bid. The other two had
various price ranges and options.
76 Group offers a three-phase approach. Month one and two total $20,000, with an
optional additional monthly cost of 6,500 per month, not to exceed a 12 -month
agreement.
Clermont Eliot offers two different options. One three-month option is for $18,000 that
includes a Content Toolbox and the second three-month option is for $27,000 that
includes Issue Management.
Please see the attached bid tabulation for proposal information.
Staff reviewed both bid responses and held a work session with the Board of County
Commissioners on 4/26/2023. After review and discussion, based on the review
panels' scoring, staff recommends the Board award B2300095 — Public Relations for
Government Issues and Legislative Communications to 76 Group for a total not to
exceed $85,000.00.
/b I
2U23-Ib�
dn-1
WELD COUNTY
1150 O St., Greeley CO 80631
E-mail: jfinch@weld.gov
Phone: (970) 400-4232
DATE OF BID: April 3, 2023
REQUEST FOR: Public Relations for Government Issues and Legislative Communications
DEPARTMENT: Administrative Services
BID NO: #62300095
PRESENT DATE: April 17, 2023
APPROVAL DATE: May 1, 2023
Vendor Name
Product
Total Bid Amount
Address
(includes first year support)
76 Group
7600 E Eastman Ave Ste 405
Denver, CO 80231
Proposal for Services
Phase I and II (two months) =
$20,000.00/total
Phase III (10 months) =
$6,500.00/per month
$85,000 for 12 months
Clermont Eliot
2661 W 21. Ave
Denver, CO 80211
Proposal for Services
Option 1* = $18,000.00 for 90
days
Option 2** = $27,000.00 for 90
days
MCM Strategies — *Disqualified* for late
submission and unsigned bid
3000 Pearl Parkway #422
Boulder, CO 80301
Proposal for Services
$8,500.00 per month
*Option 1 includes a Content Toolbox.
**Option 2 includes Issue Management.
** Bids are being reviewed at this time by dept.**
2023-1082
ot4A 1 r ms --1
Hello