HomeMy WebLinkAbout20180416.tiffRESOLUTION
RE: APPROVE LOBBYING CONTRACT AND AUTHORIZE CHAIR TO SIGN - COLORADO
LEGISLATIVE SERVICES, LLC
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 Lobbying Contract between the County
of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
on behalf of the Colorado Legislative Services, LLC, commencing January 1, 2018, and ending
December 31, 2018, with further terms and conditions being as stated in said contract, and
WHEREAS, after review, the Board deems it advisable to approve said contract, 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 Lobbying Contract between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, on behalf of the Colorado
Department of Legislative Services, LLC, be and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said contract.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 7th day of February, A.D., 2018, nunc pro tunc January 1, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: did•ti
Weld County Clerk to the Board
BY:
Deputy Clerk to the
APPR
my Attorney
Date of signature: 03-7-18
Steve Moreno, Chair
rbara Kirkmeyer, ro-Tem
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Mike Freeman
Est.(2rA
2018-0416
BC0051
COLORADO LEGISLATIVE SERVICES, LLC
Lobbying 0 Government Relations 0 Policy Advancement
LOBBYING CONTRACT
THIS LOBBYING CONTRACT ("Contract") sets forth the terms of a contract for lobbying services between Colorado
Legislative Services, LLC, a Colorado corporation, hereinafter called LOBBYIST, and the County of Weld, Colorado, a
political subdivision of the state of Colorado, by and through the Board of County Commissioners of the County of Weld,
hereinafter called CLIENT.
1 The LOBBYIST agrees to provide the CLIENT legislative strategy and lobbying services which shall include the
following —the full-time, on -the -scene effort of the firm's lobbyists who will propose political strategy, review pending
legislation, assist the CLIENT in developing a position on legislation, track the legislation through committee and
floor action, articulate the CLIENT's position (verbally and through LOBBYIST -prepared position papers and other
documentation) to members of the Colorado General Assembly, and count the votes which result from such
activity. The LOBBYIST will also assist the CLIENT in preparing testimony before legislative committees, drafting
legislation, amendments to legislation and documentation which will support both, and find sponsors and co-
sponsors for CLIENT -sponsored legislation. In addition, the LOBBYIST will communicate the CLIENT's position on
legislation to appropriate State Regulatory Agencies and their staff.
2. The LOBBYIST further agrees to, during the session of the General Assembly, help the CLIENT prepare
summaries of pending legislation and communicate with the CLIENT's contact person on a need -to -know basis.
The LOBBYIST also agrees to make presentations to the CLIENT's membership during annual or special meetings
of the organization and to organize such other presentations involving members of the Colorado General Assembly
as the CLIENT requires.
3. The CLIENT agrees to retain the LOBBYIST for a fee of $65,000.00, made payable in twelve (12) monthly
installments of $5,416.67, due upon receipt of billing statement.
4. In addition, the CLIENT agrees to reimburse the LOBBYIST for properly receipted expenses incurred by the
LOBBYIST for working with or entertaining members of the Colorado General Assembly on CLIENT's business or
with CLIENT's officers and members during the contract period. All such entertaining shall be done in accordance
with all applicable legislative regulation.
5. Any additional services which might be required by the CLIENT of the LOBBYIST for lobbying municipal, county or
federal governments shall be agreed upon in writing by the CLIENT and the LOBBYIST in advance.
6. The LOBBYIST will perform its services under this Contract in compliance with all applicable law, including without
limitation applicable registration and disclosure requirements and all legislative rules regarding lobbying.
LOBBYIST agrees it is an independent contractor and that it does not become an employee of County, nor is it
entitled to any employee benefits from County, as a result of the execution of this Contract.
7. In the event the LOBBYIST requires the services of an attorney to collect any sums due under this Contract, the
CLIENT shall be responsible for the LOBBYIST's reasonable attorney's fees.
8. Until further notice, the CLIENT designates Bruce Barker, Weld County Attorney, as the LOBBYIST's contact
person for daily reporting purposes.
9. While the LOBBYIST will be working at the State Capitol full-time during the legislative session, the LOBBYIST will
be working for clients in addition to the CLIENT. However the LOBBYIST agrees that none of its other clients will
be in competition with or in an adversarial relationship to the CLIENT and that the LOBBYIST will not use any of the
information obtained by it in connection with its activities for the CLIENT adversely to the interests of the CLIENT.
The LOBBYIST will maintain the confidentiality of those matters communicated to it in confidence by the CLIENT.
The provisions of this paragraph will survive the termination of this Contract.
2018-0416
ATTEST:
COLORADO LEGISLATIVE SERVICES, LLC
Lobbying 0 Government Relations 0 Policy Advancement
10. In order to prevent a conflict of interest with the LOBBYIST's existing clients, the CLIENT agrees not to assign the
LOBBYIST to lobby on behalf of the CLIENT in matters of oil and gas, if positions of the CLIENT differ from the
LOBBYIST's other client — Colorado Oil & Gas Association.
11. This Contract shall be in force for a twelve (12) month period beginning January 1, 2018 and ending December 31,
2018; provided, however, that this Contract will terminate upon the dissolution of the LOBBYIST or upon the
unavailability of persons reasonably acceptable to the CLIENT to work on the CLIENT's matters for the LOBBYIST
or upon material breach of this Contract by the LOBBYIST which is not cured within 30 days after notice from the
CLIENT.
12. It is expressly understood and agreed that the enforcement of the terms and conditions of this Contract, and all
rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this
Contract shall give or allow any claim or right of action whatsoever by any other person not included in this
Contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties
receiving services or benefits under this Contract shall be an incidental beneficiary only. No portion of this Contract
shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess,
nor shall any portion of this Contract be deemed to have created a duty of care which did not previously exist with
respect to any person not a party to this Contract. If any term or condition of this Contract shall be held to be
invalid, illegal or unenforceable, this Contract shall be construed and enforced without such a provision, to the
extent this Contract is then capable of execution within the original intent of the parties.
The signature of the parties on the appropriate lines below indicates their intent to be bound by this Contract.
LOBBYIST: COLORADO LEGISLATIVE SERVICES, LLC (1410 Grant St., Ste D-110, Denver CO 80203)
January 23, 2018
James J. Cole, Partner Date
Melanie M. Layton, Partner
CLIENT: cog of Weld, Colorado (1150 O St., Greeley, CO 80631)
January 23, 2018
Date
COUNTY OF WELD, A POLITICAL
Weld County Clerk to the Board I �► SUBDIVISION OF THE STATE OF
OLORADO:
By:
Deputy Cler j. th- Board
Chair, Steve MbrenoFEB nn 7 2018
Board of County Commissioners of the
County of Weld
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STAFF APPROVALS FOR LOBBYING CONTRACT
- COLORADO LEGISLATIVE SERVICES, LLC
AP
SUBSTANCE/FORM:
orney or Department Head
APPROVED AS TO FUNDING:
Controller
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