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HomeMy WebLinkAbout20192005RESOLUTION RE: APPROVE GOVERNMENT AFFAIRS AGREEMENT AND AUTHORIZE CHAIR TO SIGN - RESPUBLICA, INC., DBA CAPITOL SOLUTIONS 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 a Government Affairs Agreeement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and ResPublica, Inc., dba Capitol Solutions, commencing May 15, 2019, and ending December 31, 2019, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, 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 Government Affairs Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and ResPublica, Inc., dba Capitol Solutions, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of May, A.D., 2019, nunc pro tunc May 15, 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dettif44) CG Lto4 Weld County Clerk to the Board BY: APP Deputy Clerk • the Boar rbara Kirkmeye , Chair Mike Freeman, Pro-Tem ames ;-� ount �ttorney � ��/ j ;-e,►^-es" Steve Moreno Date of signature: (,p/II/1°1 c .CACZBI'Fbc,),'Ft(041, ) (p/u/iq 2019-2005 BC0052 St S0LUS CAPITOL SOLUTIONS/WELD COUNTY GOVERNMENT AFFAIRS AGREEMENT This agreement is made this 15th day of May 2019, between ResPublica, Inc., d/b/a Capitol Solutions, and the Weld County Board of County Commissioners (hereafter referred to as Weld County). Whereas, Weld County seeks to enter into a contract with a firm experienced in representing clients before various political and policy making bodies, including but not limited to, the Colorado General Assembly, Colorado's Executive Branch and Colorado's Regulatory Agencies and whose staff are registered as "Professional Lobbyists" as required by CRS 24-6-303. Therefore, it is agreed: 1. EXTENT OF SERVICES Capitol Solutions shall be retained to provide the following services to Weld County from May 15, 2019 to December 31, 2019: REGULATORY o Monitor regulatory action of relevant executive agencies, including the Colorado Oil and Gas Commission, the Air Quality Control Commission and Transportation Commission. o Provide political counsel and advice related to regulatory developments o Provide guidance and counsel regarding related Weld County decisions, direction, vision o Interface with decision makers of executive agencies to further the Weld County position on regulatory matters o Interface with legislators and other public officials and decision makers as necessary to further the Weld County position on regulatory matters o Report to Weld County Commission Board Chair and Commissioners on developments relevant to Weld County ■ Include Weld County Attorney, Oil and Gas Specialist and other appropriate staff in relevant/pertinent correspondence o Collaborate with County Staff on state level regulatory activities o Attend relevant and requested meetings related to issues pertinent to Weld County o Upon request of Commission Board Chair, attend relevant Weld County Commission meetings; • Provide verbal report/summary of regulatory actions • Participate in deliberations • Monitor discussions 2019-2005 Upon the request and direction of Weld County, Capitol Solutions will provide services outside the parameters of the services above. Fees for services outside the parameters above will be negotiated at the time of request and will be added to this agreement as an addendum. 2. FEES AND OTHER COMPENSATION. In consideration for the services provided, Weld County shall pay Capitol Solutions $31,200, paid in 6 equal increments of $5200 on the first of the month. Fees for services outside the parameters of the services noted in section 1 will be negotiated at the time of services request and added as an addendum to this agreement. 3. BEST EFFORTS Capitol Solutions shall use its best efforts to represent Weld County before various governmental entities, the Colorado General Assembly, and the Governor's Office and Executive Agencies. Weld County understands, however, that Capitol Solutions makes no warranty as to the success of Weld County's position. Weld County also understands that Capitol Solutions may be representing other clients on other issues at the same time and will be able to devote only a portion of their time to the interests of Weld County. 4. CONFLICTS OF INTEREST No known conflicts of interest exist at the time of signing of this contract that would preclude Capitol Solutions from providing the retained services. If, at any time, a potential conflict arises, Capitol Solutions will immediately notify Weld County. Capitol Solutions and Weld County will come to a mutually satisfactory agreement to resolve the conflict per the process outlined in Capitol Solutions' conflict of interest policy. 5. INDEPENDENT CONTRACTOR The relationship of Capitol Solutions to Weld County is that of an independent contractor, not as an employee. 6. GOVERNING LAW The laws of the State of Colorado shall govern the contract and all questions related thereto. Any legal action related to this agreement shall be filed only in a court of competent jurisdiction in the State of Colorado. 7. TIME IS OF THE ESSENCE Weld County understands that Capitol Solutions will perform no work until this agreement is executed. Weld County also agrees to provide Capitol Solutions with all necessary information that may be required to effectively represent Weld County and to provide it in a timely fashion. Likewise, Capitol Solutions will provide timely information required to make Weld County more effective in its decision -making process. 8. TERM This agreement shall be effective May 15, 2019 through December 31, 2019. The contract term will automatically extend for an additional 6 months at the same rate on December 31, 2019 and every 6 months thereafter, until the parties inform one another in writing to amend the terms or cancel the agreement at least 30 days prior to the end of each six- month extension. 9. AMENDING THE AGREEMENT This agreement may be amended only in writing signed by the parties hereto. 10. TERMINATION CLAUSE Weld County and Capitol Solutions understand and agree that either party may terminate this agreement with cause. Thirty days' written notice by either party shall be given to the other party. All fees incurred for services rendered through the date of termination, as well as all costs and expenses incurred by Capitol Solutions on Weld County's behalf, shall be paid by Weld County within 30 days following receipt of the final invoice from Capitol Solutions. This agreement executed: ForPublica d/b/a Capitol Solutions: Sandra Hagen Solin Date For Weld County Barbara Kirkmeyer Chair of the Board Board of Weld County Commissioners MAY 2 v 2019 Date 00/9- oZ06 Hello