HomeMy WebLinkAbout2017-10-16-Resolutions 17-503_Lobbying Services Agr - Carney & ApplebyTHE CITY OF WAUKEE,IOWA
RESOLUTION 17-503
APPROVING AGREEMENT FOR LOBBYING SERVICES
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE,IOV'A
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 2018 session;
AND,
WHEREAS,Camey &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 16"'day of October,2017,that the 2018 Lobbying/Consultant A cement,
attached hereto as Exhibit A,is hereby approved.
tlliam .card,ayor
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Anna Bergman
R.Charles Bottenberg
Brian Harrison
Shelly Hughes
Larry R.Lyon
AYE
X
X
X
X
NAY ABSENT ABSTAIN
2018 Lobbying/Consultant Agreement
This Lobbying/Consultant Agreement (the "Agreement")is entered into as of
January 1,2018 (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 Tim Moeiman,yankee City Administrator,
or his designee.
2.Term-
The term of this Agreement (the "Term")shall begin on the
Effective Date and end on December 31,2018.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 $20,000.This fee will be billed quarterly
beginning January 1,2018.
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.
Pase1of4
c.Expenses.WAUKEE shall be responsible for any necessary out of
pocket expenses incurred by Carney &Appleby and preapproved by
VVAUKEE.
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.
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 may represent the City of Des Moines during the 2018
legislative session 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.
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
Page 2 of 4
valid,legal anal 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 1Vloines,Polk County,
Iowa.
9.Modi6cation:
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.
IN WITNESS WHEREOF,the parties to this Agreement have executed it,as
of the Effective Date,by their duly authorized officers.
CARNEY &APP,EBY
Date
Print:
Title:
The City Wauk
By.Date to/rs/zo17
Print;Wii liam r .Peard
Title:aayor
Page 3 of 4
EXHIBIT A
Carney &Appleby will register as lobbyists and legislative counsel for the WAUKEE
for.the 2018 legislative session which begins January 8,2018.It is fuBy 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 two issues:
Tax Increment Financing and Property Tax Issues (Commercial Backfill &
Multi.Family Residential Property).
~Lobbying legislators,legislative staff,and the executive branch on Tax
Increment Financing and Property Tax Issues (Commercial Backfill &Multi.
Family Residential Property).
~Developing relationships between WAUIIEE and legislative leadership.
~Representation before governing agencies on issues dealing with Tax
Increment Financing and Property Tax Issues (Commercial Backfill &Muiti-
Family Residential Property).
~Bill and regulation monitoring and reporting to WAUKEE.
e 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 ahvays 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 WADI(EE and all other
requirements of the Iowa Ethics and Campaign Disclosure Board.
Page4of4