HomeMy WebLinkAbout20080308.tiff RESOLUTION
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,
and Colorado Legislative Services, LLC, commencing January 1, 2008, and ending
December 31, 2008, 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, and Colorado 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 28th day of January, A.D., 2008, nunc pro tunc January 1, 2008.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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ATTEST: ( 0- 2%
iirsi +� �� i . H Jerke, Chair
Weld County Clerk to the far ` �`
` �� of?ert M den, Pro em
De ty ClerrkJto the Boar
Willie . Garcia
David E. Long Q
County Attorney o C3�Lo
Date of signature:
Oda Douglas R demacher
2008-0308
BC0038
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COLORADO LEGISLATIVE SERVICES
LOBBYING CONTRACT
This LOBBYING CONTRACT sets forth the terms of a contract for lobbying services between
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RF„AHON5 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$50,000.00,made payable in
twelve(12) monthly installments of$4,166.67, 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 CLIENT, nor is it
entitled to any employee benefits from CLIENT, 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.
1410 Grant St., Suite D-110 • Denver, CO 80203 • 303.832.1061 • 303.830.0826 fax • cls@lobby4co.com
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8. Until further notice, the CLIENT designates Bruce T. Barker, Weld County Attorney, and Bill Jerke,
Chairman, Board of County Commissioners of the County of Weld as the LOBBYIST's contacts 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.
10. This contract shall be in force for a twelve(12)month period beginning January 1,2008 and ending
December 31, 2008;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.
11. 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 ekecution 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
LOBBYING CONTRACT.
LOBBYIST: COLORADO LEGISLATIVE SERVICES,LLC
(Li,LP'A'i LLB g f Z r ( OS
James J. Cole, P ner Date
IV A( --� 21 cc
Melanie M. Layton, Pa er Date
CLIENT: M�~�
114444,11/ EL
ATTEST: �t OUNT'Y OF WELD, A POLITICAL
Weld County Clerk to the Bo. .47 :DIVISION OF THE STATE OF
�j s * '`ti . ., y LORADO:
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By.
De ty Cl to the Board , " . William H. Jerke, Chairman
'I Board of County Commissioners of the
•
County of Weld JAN 2 8 2000
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