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Home My WebLink Aboutbocc.con.102.2008CLERK'S CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING CONTRACT #: I o~ . door Originating Department/Division: County Manager Contact Person: Susan Murphy Phone #: 5213 Project Name: Lobbyist's Contract ^ BOCC AGENDA ITEM STAFF AUTHORIZED SIGNATURE (BOCC signature required) (per Revised Procurement Code 7/2005) Check procurement type: ®None ^Informal ^Formal ^Sole Source ^Emergency ^State Bid ^ Check Contract Tvue: Dollar Amount: $30,000 ®Services/Nlaintenance ^License/Use ^Lease ^Construction ^Goods, Equipment, Supplies ^Other (e.g. revenue) ContractorBusiness Budget Liue Item/Ledger Number 00113-0-82009 (for county employees) ental Agreement (Requires BOCC Action) Agreements (Requires BOCC Action) ;e Order/Contract Amendment Complete Legal Name: Tomlinson & Assoc. Contract Execution 12/28/07 Contract End Date: 12/31/08 Automatic Renewal Term of Contract: January 1 to Dec 31, 2008 All Contracts should be proofed for the following: ~ Pages Missing a Page is Left Intentionally Blank~lote on Page age numbered consecutively 1 Signatures Affixed 1 Dates Filled In Other Blanks Filled In Exhibits Attached Legal Descriptions Attached (it'appropriate> ice of Award/Proceed Attached (tapproprfate> cial Instructions for Finance Department: tto Clerk and Recorder for Scanning/Archiving horized Staff Person's Name: U Warranty, if applicable BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF PERSON INDICATES THAT DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING. Note: Cleri2s Office will keep original documents in compliance with Colorado State Archives retainage schedule. Tomlinson 8r, Associates Client Agreement This Agreement is made on December 28, 2007 between Danny L. Tomlinson doing business as Tomlinson & Associates, with a mailing address of 1729 S. Poplar Street, Denver, Colorado 80224 (collectively "Tomlinson & Associates") and the Pitkin County, Colorado Board of County Commissioners. Therefore, it is agreed: Services to be Performed Tomlinson & Associates shall be retained to provide the following public affairs/government relations services ("Services") to Pitkin County BOCC from January 1, 2008 through December 31, 2008. • Assist in development of a legislative agenda and strategy for the 2008 Colorado Legislative Session. Advise, confer, and participate in the passage or defeat of legislation as determined by Pitkin County, and advise the Pitkin County Board of County Commissioners on strategy that should be followed to reach desired results; • Represent Pitkin County's position on matters of interest to Pitkin County to members of the Colorado General Assembly, Governor's Office, Executive Branch Cabinet members and agencies; • Attend identified stakeholder meetings to represent and advocate for Pitkin County's position on key Colorado legislation, including participation in ad hoc coalitions that may be formed to assist in the passage or defeat of pending legislation; • Monitor pending Colorado legislation and regulations that may positively or negatively affect Pitkin County; • Provide regular updates by written and verbal presentations to Pitkin County Board of County Commissioners and other designated contact person(s). • Develop and grow key relationships with members of the Colorado General Assembly on behalf of Pitkin County; • Provide ayear-end report to Pitkin County outlining pertinent legislative events of the year as well as identifying key priorities for the following year. II. Contact Person It is understood that Tomlinson & Associates shall be solely responsible for the performance of this Agreement, provided further, however, that such professional representation shall be performed after consultation and in accordance with the directives given by Pitkin County. For purposes of this Agreement, Susan Murphy will be Tomlinson & Associates' primary contact with Pitkin County. III. Fees For the services outlined above for the one year term of this engagement, Pitkin County shall pay Tomlinson & Associates the annual fee of $30,000, which shall constitute full and complete payment for said Services and all expenditures which may be made and expenses incurred, except as otherwise expressly agreed upon by a future arrangement. Reasonable travel and lodging expenses incurred in the execution of this contract will be Tomlinson & Associates Client Agreement ti reimbursed upon submission of supporting receipts and documentation by Tomlinson & Associates. IV. Other Clients and Conflicts of Interest Tomlinson & Associates retains the right to perform services for other clients. Upon request of Pitkin County, Tomlinson & Associates shall notify Pitkin County of other and additional agreements that Tomlinson & Associates makes for public affairs services. No known conflicts of interest exist at this time that would preclude Tomlinson & Associates from providing the services outlined in this Agreement. If, at any time, a potential conflict arises, Tomlinson & Associates will notify Pitkin County immediately. V. Contract Renewal Pitkin County shall notify Tomlinson & Associates by December 1, 2008 of its intentions to renew this contract for 2009. Should Pitkin County exercise its option to renew its contract with Tomlinson & Associates, a fee will be negotiated prior to December 31, 2008 commensurate with the services to be provided. VI. General Provisions A. Independent Contractor. In the performance of the Services, Tomlinson & Associates shall act as an independent contractor and not as agent of Pitkin County except to the extent Tomlinson & Associates is specifically authorized to act as agent of Pitkin County B. Applicable Laws. This Agreement, and all questions concerning the execution, validity or invalidity, capacity of the parties, and the performance of this Agreement, shall be interpreted in all respects in accordance with the laws of the State of Colorado. In addition, Tomlinson & Associates observes all criteria set forth by the Secretary of State's Disclosure Reporting standards. C. Entire Agreement. This Agreement shall constitute the entire agreement between the parties hereto and shall supersede all prior contracts, proposals, representations, negotiations and letters of intent, whether written or oral, pertaining to the services discussed in this agreement. This Agreement can only be amended by a writing signed by all parties hereto. D. Indemn~cation. Tomlinson & Associates hereby indemnifies, defends and holds harmless Pitkin County, its partners, employees, representatives, customers and clients against all damages, claims, liabilities, losses and other expenses, including without limitation reasonable attorney's fees and costs, whether or not a lawsuit or other proceeding is filed, that in any way arise out of or relate to the negligent or willful acts or omissions of Tomlinson & Associates. In the event Tomlinson & Associates fails to promptly indemnify and defend such claims and/or pay Pitkin County's expenses, as provided above, Pitkin County shall have the right to defend itself, and in that case, Tomlinson & Associates shall reimburse Pitkin County for all of its reasonable attorney's fees, costs and damages incurred in settling or defending such claims within thirty (30) days of each of Pitkin County's written requests. E. Assignment. Tomlinson & Associates shall have no right to assign or otherwise transfer, in whole or in part, any of its rights or obligations under this Agreement. Tomlinson & Assocla[es Client Agreement 3 In Witness Whereof the Parties Have Executed this Agreement on December 28, 2007. (\ ~ ~s.n .; Danny L. Tom inson Tomlinson & Associates Approved: By: S ~ 1 '~z Hila letcher, County Manager Tomlinson & Associates Client Agreement Amendment to Tomlinson & Associates Client A¢reement Compliance with House Bi1106-1343 A. In compliance with House Bill 06-1343, amending Title 8 of the Colorado Revised Statutes by the addition of Article 17.5, Illegal Aliens-Public Contract for Services, enacted by the General Assembly of the State of Colorado, the Contractor shall not: Knowingly employ or contract with an illegal alien to perform work under this contract or; 2. Enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. B. Incompliance with House Bi1106-1343 enacted by the General Assembly of the State of Colorado: I . The Contractor has confirmed or attempted to confirm the employment eligibility of all employees who are newly hired for employment in the United States through participation in the Basic Pilot Program [created in Public Law 208, 104th Congress, as amended and expanded in Public Law 156, 108a' Congress, as amended, that is administered by the United States Department of Homeland Security] and, if the Contractor is not accepted into the Basic Pilot Program prior to entering into this contract, the Contractor shall apply to participate in the Basic Pilot Program every three months until the Contractor is accepted or this contract has been completed, whichever is eazlier. This provision shall not be required or effective if the Basic Pilot Program is discontinued. 2. The Contractor shall be prohibited from using Basic Pilot Program procedures to undertake pre-employment screening of job applicants while this contract is being performed. 3. If the Contractor obtains actual knowledge that a subcontractor performing work under this contract knowingly employs or contracts with an illegal alien, the Contractor shall be required to: a. Notify the subcontractor and the County within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and b. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subpazagraph (a) of this paragraph (3) the subcontractor does not stop employing or 5 contracting with the illegal aliens; except that the Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 4. The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the Department of Labor and Employment is undertaking pursuant to the authority established in Subsection (5) of C.R.S. § 8-17.5-102. IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out herein above. CONT)~ACTOR: By: ~n.~2tiywa~/r~.~k ~.`- Tit1e~~Lsr!)( ~J' OZ/i 3~~Ij~ Date PITKIN COUNTY: By: Authorized S4~r Date In Witness Whereof the Parties Have Executed this Agreement on December 28, 2007. h,llmn~ 1. ri r~~.;. Danny~inson Tomlinson & Associates Approved: By: ~ '~ Hila letcher, County Manager Tomlinson & Associates Client Agreement