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Home My WebLink About2022-10-17 I01E_07 2023 Lobbying AgreementAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: October 17, 2022 AGENDA ITEM:Consideration of approval of a resolution approving 2023 Lobbying/Consultant Agreement FORMAT:Consent Agenda SYNOPSIS INCLUDING PRO & CON: Based on past performance, City staff recommends that the firm of Carney and Appleby be engaged by the City of Waukee for lobbying services for the 2023 legislative session. The lobbying firm’s point of contact for communications and strategy development is with the City Administrator. Reports on the activities of the lobbying firm and City staff will be made to the members of the city council on a periodic basis. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:$24,040.00, billed quarterly beginning January 1, 2023 COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: Staff recommends approval of the agreement with Carney & Appleby, PLC. RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Proposed Resolution II. 2023 Lobbying/Consultant Agreement PREPARED BY:Becky Schuett REVIEWED BY: I1E7 THE CITY OF WAUKEE, IOWA RESOLUTION 2022- APPROVING AGREEMENT FOR LOBBYING SERVICES IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Iowa is a duly organized municipality within Dallas County; AND, WHEREAS, the Waukee City Council desires to retain the services of a lobbyist to represent Waukee’s interests in the State of Iowa legislature during the 2023 session; AND, WHEREAS, Carney & Appleby, PLC, has submitted a Lobbying/Consultant Agreement for consideration by the Waukee City Council. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 17th day of October, 2022, that the 2023 Lobbying/Consultant Agreement is hereby approved. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman Pierce R. Charles Bottenberg Chris Crone Larry R. Lyon Ben Sinclair Page 1 of 5 Carney & Appleby, PLC 2023 Lobbying/Consultant Agreement This Lobbying/Consultant Agreement (the “Agreement”) is entered into as of January 1, 2023 (the “Effective Date”) by and between Carney & Appleby, PLC, an Iowa professional limited liability company with its principal place of business at 303 Locust Street, Suite 400, Des Moines, IA 50309 (hereinafter referred to as “Carney & Appleby”), and the City of Waukee, Iowa (hereinafter referred to as “WAUKEE”). 1.Carney & Appleby Services: Subject to the terms and conditions of this Agreement and beginning on the Effective Date, WAUKEE hereby engages Carney & Appleby to render services for WAUKEE as set forth in Exhibit A attached hereto and incorporated herein by this reference (the “Services”). Carney & Appleby hereby accepts such engagement from WAUKEE. In performing its obligations hereunder, Carney & Appleby shall report to Brad Deets, Waukee City Administrator, or his designee. 2.Term: The term of this Agreement (the “Term”) shall begin on the Effective Date and end on December 31, 2023. Any extension of the performance of Carney & Appleby’s Services hereunder shall be by a written amendment to this Agreement, which shall be signed by both parties. 3.Fees and Expenses: a.Fees. In consideration of the Services to be performed by Carney & Appleby pursuant to this Agreement, WAUKEE will pay Carney & Appleby an annual fee of $24,040. This fee will be billed quarterly beginning January 1, 2023. b.In the event extraordinary circumstances arise during the legislative session regarding additional time demands on Carney & Appleby to service WAUKEE, Carney & Appleby reserves the right to ask for an adjustment of the retainer. Any adjustment to the retainer must be agreed upon by both parties. c.Expenses. WAUKEE shall be responsible for any necessary out of pocket expenses incurred by Carney & Appleby and preapproved by WAUKEE. 4.Nonexclusivity: This Agreement is a non-exclusive agreement which preserves the right of Carney & Appleby to contract with other clients for the provision of lobbying and consulting services. Page 2 of 5 5.Conflict of Interest Disclosure: Carney & Appleby believes no conflicts exist at this time and shall immediately identify any conflict to WAUKEE should a conflict arise. Carney & Appleby and WAUKEE are aware that Carney & Appleby represents the City of Des Moines and agree to this representation. In the event that a conflict should arise between WAUKEE and the City of Des Moines, Carney & Appleby shall continue to represent the City of Des Moines on the issue and shall assist WAUKEE in finding competent counsel to lobby for WAUKEE on the issue. WAUKEE and Carney & Appleby shall mutually agree to a reduction in the annual fee paid by WAUKEE in the event of a conflict. WAUKEE is also aware that Carney & Appleby represents the City of Iowa City. 6.Entire Agreement: This Agreement and the exhibits and schedules hereto constitute the entire agreement between the parties hereto pertaining to the subject matters hereof, and supersede all negotiations, preliminary agreements and all prior and contemporaneous discussions and understandings of the parties in connection with the subject matters hereof. All exhibits and schedules hereto are hereby incorporated into and made a part of this Agreement. 7.Severability: In the event any provision of this Agreement is held invalid, illegal or unenforceable, in whole or in part, the remaining provisions of this Agreement shall not be affected thereby and shall continue to be valid and enforceable, and, if, for any reason, a court finds that any provision of this Agreement is invalid, illegal or unenforceable as written, but that by limiting such provision it would become valid, legal and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 8.Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa and shall be deemed to have been entered into and performable in part in Des Moines, Polk County, Iowa. 9.Modification: If the scope of Carney & Appleby’s Services under this Agreement is expanded or contracted, the costs for fees and expenses will be redefined in writing to the mutual satisfaction of both parties. Page 3 of 5 IN WITNESS WHEREOF, the parties to this Agreement have executed it, as of the Effective Date, by their duly authorized officers. CARNEY & APPLEBY, PLC By: ________________________________ Date______________________ Print: ________________________________ Title: ________________________________ The City of Waukee By: ________________________________ Date______________________ Print: ________________________________ Title: ________________________________ Page 4 of 5 EXHIBIT A Carney & Appleby will register as lobbyists and legislative counsel for the WAUKEE for the 2023 legislative session which begins January 9, 2023. It is fully assumed that there will be preliminary meetings before the beginning of session that Carney & Appleby will need to participate in as part of representing WAUKEE. Lobbying services shall include: WAUKEE is retaining Carney & Appleby to represent the City on issues identified in the City’s 2023 Legislative Priorities document. Lobbying legislators, legislative staff, and the executive branch on the City’s 2023 Legislative Priorities document. Developing relationships between WAUKEE and legislative leadership. Representation before governing agencies on issues identified in the City’s 2023 Legislative Priorities document. Bill and regulation monitoring and reporting to WAUKEE. Bill and Amendment Drafting. Representation of WAUKEE at relevant subcommittee and committee meetings. Including working to oppose/stop or support legislation. Strategic planning including attendance at stakeholder meetings when requested by WAUKEE. Carney & Appleby will report to WAUKEE on a regular basis via email or phone the status of legislative priorities and other legislation or rules. This will occur as necessary but is expected to be at least once a week during session or during relevant administrative rule times. Carney & Appleby lobbyists are always available by phone or email. Carney & Appleby will register as lobbyists and comply with all state requirements regarding disclosure of bills being lobbying on behalf of WAUKEE and all other requirements of the Iowa Ethics and Campaign Disclosure Board. Page 5 of 5 EXHIBIT B Carney & Appleby Current Client List as of 10.12.2022 Accountants Association of Iowa American Cancer Society Cancer Action Network (ACS CAN) Anheuser Busch Caesars Enterprise Services, LLC. City of Des Moines City of Iowa City City of Waukee Clout Public Affairs Dotdash Meredith Elevance Health, and its Affiliates dba Anthem, Inc. Great River Entertainment Insurance Auto Auctions, Inc. Intoximeters, Inc. Iowa Association of Nurse Anesthetists Iowa Athletic Trainers Society Iowa Biodiesel Board Iowa Commercial Real Estate Association (ICREA) Iowa Competitive Bidding Alliance, Inc. Iowa Council of Health Care Centers Iowa Drainage District Association Iowa Soybean Association Iowa State Bar Association Iowa Veterinary Medical Association Iowa-Nebraska Rental Dealers Association Jim Gibbons LS Power Midcontinent, LLC Mediacom Communications Corporation Meta Platforms Inc. One Main Holdings, Inc. Pharmaceutical Care Management Association RELX Inc. Resale Power Group of Iowa Runbeck Election Services, Inc. Southwest Transmission, LLC The ALS Association The Nature Conservancy Town Financial Wells Fargo & Company