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Home My WebLink About2013-01-21-Resolutions 13-026_Lobbying Services Agr - Davis BrownTHE CITY OF WAUKEE,IOWA RESOLUTION 13-026 APPROVING THE HIRING OF A LOBBYIST TO ACT ON BEHALF OF THE CITY OF WAUKEE DURING THE 2013 STATE OF IOWA LEGISLATIVE SESSION IN THE NAME AND BY THEAUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee,Iowa is a duly organized municipality within Dallas County; AND, WHEREAS,the City requested proposals and qualifications from several groups for lobbying services as part of the 2013 State of Iowa legislative session;AND, WHEREAS,after review of the proposals received,City staff recommend approval of a proposal from Davis Brown Law,attached hereto as Exhibit A;AND, WHEREAS,the Waukee City Council has reviewed the proposal and finds it satisfactory. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 21st day of January,2013,that the agreement with David Brown Law regarding the provision of government relation services is hereby approved. Attest: Bradly M.Dbets,Interim City Administrator ROLL CALL VOTE Shane Blanchard Dan Dutcher Casey L.Harvey Shelly Hughes Mike Watts AYE X X NAY ABSENT ABSTAIN X X X �DAVISBROWN" A~.LAWFIRM January 21,2013 Mayor WilliamF.Peard City of Waukee,Iowa City Hall 230W.Hickman Road Waukee,Iowa 50263 RE:Engagement of Davis,Brown,Koehn,Shors &Roberts,P.c. Dear MayorPeard: This engagement letter ("Letter")outlines the services that the law fum of Davis,Brown,Koehn,Shors &Roberts,P.C.(the "Firm")proposes to provide as lobbyists during the 2013 Legislative Session ("2013 Session")for the City of Waukee,Iowa (the "Client")and confirms that the Firm is engaged by the Client to provide the services outlined below,on the terms described in this Letter.The purpose of this Letter is to .explain our engagement as counsel and to provide the Client with certain information concerning our fees,billing and collection policies,and other terms and conditions that will govern our relationship .: The Firm is engaged to provide lobbying services during the 2013 Session (the "Matter").The scope of services includes: •Identifying legislation of interest to or affecting the Client; •Day-to-day monitoring/tracking of legislation of interest to or affecting the Client;. •Monitoring of State agency proposals,including legislation and rulernaking affecting or potentially affecting the Client; •.Providing reports on a regular basis on issues of interest to or affecting the Client; #2285439 DAVIS BROWN I(OEHN SHORS &ROBERTSP.C. John D.Shuts Robert A.Gamble Michael G.Kulik Frank J.CarToll Bruce J.Campbell Jonathan C.Wilson Sleven L.Nelson David B.VanSickel Gene R.La Suer Deborah M.Thareish Kent A Herink Robert J.Douglas,Ir. Mark D.WalL Gary M.Myers Stanley J.Thompson David M.Erickson Lori Torgerson Chesser 10 Ellen Whilney Becky S.Knutson Juiie Jnhnson McLean Beverly Evans Margaret Van Houten Thomas K Stanberry Cluistcpher P.Jannes Sharon K,Malheira KJis-Holub Tilley William A_Ileetwright .Thcmas J.Houser Kendall R_Watkins Joseph A.Happe Sc.oU M_Brennan Williom a,Hanigan Debra Rectcnbaugh Pettit Manhcw E.Laughlin Judith R.Lynn BaM William P.Kelly Susan J.Freoo Jason M.Ross Jason M.Slone khn C.Pietila Emily E.Harris B.J.Millcr Jodio CI!lrk McOougal TaraZ.Hall Jeffrey n.ElVoldt Courtney Strut!Tndd Nicholc Mira ...Morrlilli Mark o.Wickham Christopher E.James Brian D.Terrcsi Krystlc 1..Campa Sarah K.t'ranklln Robcl!w.Di~·o" Michael C.Ricllard' Christupbcr S.l"alcott Ellzebeth R Meyer Michelc C_W~Il111ck Sarah E.Clanll 'ana M.!..utl"""m:er Ann E.Naffier Matthew Warncr-Bl.nkcnshil' MatlhnwW.CllT)'CU' Katherine C.Ca,lllCci "admitted in Illinois Intellectual Property Kent A.Herink Emily E.Harris Sean D.SolbergU Matthew Vfarner -Blankeaship Matthew C.Coryell' "admitted in Illinais U admitted in Minnesota OfCmmscl Jeffrey A.Baker Donald 1.Brown Denise R Claton C_Carleton Predericl Robert F_Hok Jr Wil1i~m 1.Koehl) Stephen M.Morain )u,eph M.Pawlosky Richnrd E.R~mS;lY $lcphclT W.Robnrts Thomas E_SnlsbCIf t'-feal Smith Sean D_SnibetSU- PHONE515.266.2500 FlRMFAX515,243.0654 THE DAVIS BROWNTOWER THE HIGHLANDBUILDING Tt1F.:AME.SOFFICE 8 W"NW.DAVISSROWNLAWCOM 2[5 10....STREET,STE.1300 4201 WESTOWNPKWY,STE 300 2'';'05 NORTHRIDGEPKWY WE E E E DE 0 NES IA 50266 E Mayor William F.Peard January 21,2013 Page 2 •Providing immediate reports on any legislation with a direct impact on the Client; •Attending meetings of subcommittees and committees to monitor legislation of interest to or affecting the Client; •Working with Client,specific State agencies,and key legislators on new initiatives and funding sources Tom Stanberry and Kate Carlucci will be your principal contacts with the Finn on the -Matter.We have included our contact information at the end of this Letter.Should a question 'arise;please feel free to call us at any time.If we are not available,please feel free to contact Claudia Woodard (Tom's assistant)at (515)246-7819 or Teresa Burriola (Kate's assistant)at (515)246-7967. We may wish to communicate with you by email or by cell phone regarding this representation,The Iowa,State Bar Association requires us to remind you that we cannot assure the confidentiality of our electronic messages and to obtain your permission before we so communicate.Your signature on the enclosed consent will be your permission for us to communicate with you by email and cell phone,unless you notify us in writing (or by email)to the'contrary.You may do so at any time.Our respective email addresses are tomstanbelTy@davisbrownlaw.com and katecarlucci@davisbrownlaw.com. 'Fees.We will staff this engagement and if necessary,or at your request,will call upon attorneys who specialize in the.areas of law required by the engagement.Our fee for this Matter will be a flat fee of $19,200.If the scope of the Matter expands or if you ask us to work on special projects in addition to the Matter,we reserve the right to propose additional fees. CostS'and Expenses.The Finn's bills to the Client will include charges for various extraordinary costs and expenses incurred on the Client's behalf.Costs may be incurred in- house by the Firm and'include,but are not limited to,photocopies,long distance telephone 'charges,facsimile transmissions,and postage.Expenses may be incurred through invoices from third parties and include,but are not limited to,courier or messenger services,travel expenses, depositions,transcripts,witness fees,process fees,court costs,abstract costs,and filing and recordation fees. Costs will be charged under the Finn's standard practices for assessing and charging costs to its Clients.Expenses will be passed through to the Client at actual cost.Whenever practical,the Firm will not commit to a major cost or expense item without first discussing it with the Client. Billing.The Firm will send its bills to the Client monthly beginning in February 2013 through for one sixth of the $19,200 fee.Those bills are due and payable within thirty (30)days from their date.The Finn will provide in its bills a general description of the services performed.jhe fee charged relating thereto,and the costs and expenses incurred.A bill will not Mayor William F.Peard January 21,2013 Page 3 typically identify the actual individuals involved in rendering services,unless that is specifically requested.TIle Client will promptly raise and address with the Film any questions that may arise with respect to the Firm's billing. The Firm invites the Client to discuss freely with theFirm any questions Client may have concerning the fees that are charged.The Firm desires Client be satisfied with both the quality of services and the reasonableness of the fees charged for those services.The Film will attempt to provide as much billing information as Client requires,and is willing to discuss any of the various billing formats available that best suit Client's needs. General Responsibilities.We ask that you cooperate fully and candidly with the Firm and provide all information now or hereafter known by or available to you,which may aid the Finn in representing you.In the event you perceive any actual or possible disagreements with theFirm or the Firm's handling of this project,we ask that you promptly and candidly discuss the problem.withthe Finn.The Firm agrees to keep you informed of developments as necessary to-perform its services,and will consult with you as necessary to ensure timely,effective,and efficient completion of the representation.The Firm encourages you to participate ill all major decisions involving the Matter.. 'Confltcts.As a relatively large law firm,the Firm represents many other entities and ..individuals.It is possible that some of the Film's present or future Clients will"have disputes with the Client during this engagement..Therefore,as a condition to tile Firm's undertaking this engagementfhe Client agrees that the Firm may continue to represent,or may undertake in the future to represent,existing or new Clients in any matter that is not substantially related to the Matter,to the extent consistent with the Iowa Rules of Professional Conduct for Lawyers.The Client's prospective consent to any such conflicting representation shall not apply in any instance where,as the result of the Firm's representation of the Client,the Film has obtained sensitive,proprietary,or other confidential information that,if known to any such other Client of the Film,could be used in any such other matter by such Client to the material disadvantage of the Client. .Termination.This Letter shall be interpreted and enforced in accordance with the laws of the Stateof Iowa.The Firm's services shall be govemed by the Iowa Rules of Professional Conduct for Lawyers,without regard to where the services are actually performed.The Film reserves the right to withdraw from the engagement if the Client fails to honor this Letter or for any other reasonpermitted by the Iowa Rules of Professional Conduct for Lawyers.The Client reserves the'right to terminate this engagement without cause.Notification of termination or withdrawal shall be made in writing and shall be effective upon receipt.In the event of such termination or withdrawal,the Client shall promptly pay the Film all fees,costs,and expenses incurred prior to the date of termination or withdrawal.Upon termination or withdrawal of this engagement,the Firm agrees to cooperate with any successor counsel to accommodate a smooth and orderly transition of the representation. Mayor William F.Peard January 21,2013 Page 4 SubseguentMatters.In the event that the Client engages the Firm to handle subsequent or additional matters,then unless otherwise agreed in writing between the Firm and the Client, those subsequent or additional matters shall be govemed by the terms and conditions of this Letter,except that the amount described under Fee in this letter will not apply unless agreed to in writing between the Firm and the Client. .Integration.This Letter contains the entire agreement between the Client and the Firm regarding the Matter and the fees,costs,and expenses relative to the Matter.This Letter shall not be modified except by written agreement signed by the Firm and the Client.This engagement letter shall be.binding upon the Client and the Firm and their respective heirs, executors,legal representatives,and successors. Please sign a copy of this letter in the space provided and return it promptly to the Firm. We appreciate the opportunity to work with you in connection with this matter,and look forward to a mutually satisfactory relationship. Sincerely, DAVIS,BROWN,KOEHN,SHORS &ROBERTS,P .C. Katherine C.Carlucci 515-246;7847 direct 515-802-6908 cell Thomas E.Stanberry (515)246-7897 direct (515)720-3614 cell .The terms and conditions expressed in the foregoing Letter are agreed to and accepted. Dated January ~2013 Title:Mayor Mayor William F.Peard January 21,2013 Page 5 CONSENT FORi\1 REGARDING EMAIL AND CELLULAR TELEPHONE COMMUNICA nONS I am aware that it may be convenient for me and for personnel of the Davis Brown Law Finn to communicate from time-to-time regarding legal matters by email and/or cellular telephone.I further understand that I am entitled to confidential communications with such personnel and that confidentiality may be compromised by lise of email or cellular telephone as a means of communication because it may be possible for persons other than myself to access or . otherwise intercept either form of communication. Based on the foregoing,we hereby (check as applicable): )(Consent to communications by email. D Withhold consent to communications by email. )t Consent to communications by cellular telephone. D Withhold consent to communications by cellular telephone. Dated this rl"1-day of January,2013. City of Waukee,Iowa