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Home My WebLink Aboutbocc.con.073.2006 1 i} ~::11:,1 lflJ; CLERK'S CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING Originating Department/Division: Manager's Office Contact Person: Debbie Quinn Phone #: 920-5208 Project Name Lobbyist's Contract CONTRACT #: 073-2006 o BOCC AGENDA ITEM tBOCC signature required) [glST AFF AUTHORIZED SIGNATURE (per Revised Procurement Code 7/2005) Check procurement type: [glNone DInformal DFormal DSole Source DEmergency DState Bid 0 Check Contract Tvpe: Dollar Amount: $30,000 Budget Line Item/Ledger Number C> () /. /3. OdooO. :5' 2CJo '1 [glServices/Maintenance DEmployment (for county employees) DLicense/Use DIntergovemmental Agreement (Requires BOCC Action) DLease DNon-Profit DConstruction DQuasi-Public DGoods, Equipment, Supplies DOrant Agreements (Requires BOCC Action) DOther DChange Order/Contract Amendment Contractor/Business (Complet,e N afl1e): 'jcfJ1IJII/<;eIf-,j AS50h,4 rf S Contract Execution Date: ~I LI tJ(, Contract End Date: I z../31 /ot. Automatic Renewal (YDN!2:SJ) Term ofContract:one year(s) All Contracts should be proofed for the following: DNo Pages Missing DIf a Page is Left Intentionally Blank -Note on Page DPage numbered consecutively DAII Signatures Affixed DAIl Dates Filled In DAIl Other Blanks Filled In DAIl Exhibits Attached DAlI Legal Descriptions Attached (if appropriate) DNotice of AwardlProceed Attached (if appropriate) DSpecial Instructions for Finance Department: I2;JSent to Clerk and Recorder for Scanning/Archiving Ef]Authorized Staff Person's Name: 0>oJv.t 8(7 /b-e- hb,~ (j}"'..... v? BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF PERSON INDICATES THAT DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING. Note: Clerk's Office will keep original documents in compliance with Colorado State Archives retainage schedule. I ~ +J Of 5- !)j?O t, Tomlinson &. Associates Client Agreement This Agreement is made on March 12, 2006 between Danny L. Tomlinson doing business as Tomlinson & Associates, with a mailing address of 7535 Yorkshire Drive, Castle Rock, Colorado 80108 (collectively "Tomlinson & Associates") and the Pitkin County, Colorado Board of County Commissioners. Therefore, it is agreed: I. 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, 2006 through December 31,2006. . Assist in development of a legislative agenda and strategy for the 2006 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 a year-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, John Ely 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 reimbursed upon submission of supporting receipts and documentation by Tomlinson & Associates. RECEIVED MAR 2 n ZU06 Tomlinson & Associates Client Agreement BOCC OFFICE ~ 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, 2006 of its intentions to renew this contract for 2007. Should Pitkin County exercise its option to renew its contract with Tomlinson & Associates, a fee will be negotiated prior to December 31, 2006 commensurate with the services to be provided. VI. General Provisions A. Indeoendent 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. Aoolicable 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 AQreement. 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. Indemnification. 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. AssiQnment. 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. In Witness Whereof the Parties Have Executed this Agreement on March 12, 2006 i J I ( (i , " l111At1,M M ~k- - Danny ~on Tomlinson & Associates Tomlinson & Associates Client Agreement 3 Pitkin County Board of Co sioners By: :::----: co'" "'''J .d/Tt?/LNq Approved: By: Tomlinson & Associates Client Agreement r