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Home My WebLink About2015-01-19-Resolutions 15-024_Lobbying Services Agr - EarnhardtTHE CITY OF WAUIME,IOWA RESOLUTION 15-024 APPROVING AGRKEMKNT FOR LOBBYING SERVICES IN THE NAME AND BY THE AUTHOMTY OF THE CITY OF BAUER,IONIA WHEREAS,the City of Waukee,Iowa is a duly organized nnuxicipality within Dallas County;AND, WHEREAS,on December 19,2014„the Waukee City Council approved a proposal from Mary Earnhardt for lobbying services during the 2015 State legislative session {Resolution 014-3 56);AND, WHEREAS,Ms.Earnhardt has subnutted an Agreement for Lobbying Services that reflects the proposed services approved by the City Council. NOW THEREFORE BK IT RESOLVED by the City of Waukee City Council in session this 19"day of January,2015,that the Agreement for Lobbying Services, attached hereto as Exhibit A,is hereby approved. illiam,P card,ayor Attest: Rebecca D.Schuett,City Clerk ROLL CALL VOTE Shane Blanchard Brian Harrison Casey L.Harvey Shelly Hughes Rick Peterson AYK X X X X X NAY ABSENT ABSTAIN AGRKKMKNT FOR LOBBYING SKRVICKS The City of Waukee (hereinafter "Client")hereby enters into an agreement with Mary Earnhardt (hereinafter "Consultant"),for lobbying services as described in tliis Agreenient. Services.The Client agrees to retain the services of the Consultailt,011 lllatters identified in attached Exhibit A (the "Services"),and the Consultant agrees to perform such Services to the satisfaction of the Client.The Consultant shall coordinate its activities with the City Administrator,or his designee. e'».»»»'««'l E,» for the duration of the 2015 Legislative Session (January through May 2015),payable in five (5)instalhnents of $1,600 each,and billed monthly on the first day of each month. E~xenses.The Consultant shall be responsibie for ail usual aud ordinary expenses inserted in connection with the performance of its services,including any local area travel, telephone,facsimile,postage,and duplicating costs.If the Consultant determines that expenses are of an extraordinary or umisual nature and are necessary to adequately represent the Client as contemplated by this Agreement,the Consultant shall request prior approval from the Client of any such expenditures and submit such documentation to the Client as Client may require to be provided for reimbursement. hide endent Contractor,The Consultant's status on all matters pursuant to this Agreement shall be that of an "independent contractor",which terin shall include all of the partners, shareholders,members,employees,:representatives,siibcontractors and experts affiliated with the Consultant,none of whom shall be eligible for employee benefits or privileges or any other considerations of the Client's employment,and neither the Consultant nor any of its affiliates shall use the Client's letterhead,busmess cards,trademarks or other forms of' identification. Notices.Any formal,notices required herein shall be sent by regular mail to the addresses identified in this Agreement.Notices and other conespondence between the parties shall be addressed as follows: City of Waukee Tim Moerman,City Administrator 230 W.Hiclanan Road Waukee,IA 50263 Mary Eaiiihardt 645 —65'"Place,8185 West Des Moines,IA 50266 Works Made For Hire.Any new,original,or custom-developed works produced by the Consultant in the performance of fhe services contemplated by this Agreement shall be designated "works niade for hire"and shall become the sole property of the Client so designated by Client.Consultant shall not disclose such confidential information to any person or entity other than as expressly authorized by Client. No Com etin Re resentation.Consultaiit shall not,without the prior consent of Client, represent any person or entity or lobby any matter,before the Iowa General Assembly or the executive offices or administrative agencies of the Sfate of Iowa,v~hich would be competitive or inconsistent with any position or policy Client has taken or may exyect to take,as solely determined by Client. 10.Com liance With Laws.Consultant will comply with all applicable lobbying laws and regulations and will provide to Client,as requested,a copy of Co@saltant's lobbyist registration forums filed with the appropriate agencies,oKces or committees and all lobbying disclosure reports which reflect lobbying activities and expenses as related to Client,and any other information necessary for Client to comyly with State lobbying laws R11Cl 1CglllRtl011S. 11.No Subcontractin .All services requested by Client for performance by Consultant pursuant to ties Agreement shall not be subcontracted in whole or in part by Consultant with any individuals,groups,organizations or corporations wluch are not directly responsible to Consultant without the prior vnitten consent of Client.Notwithstanding any such consent by Client,Consultant shall be solely and completely resyonsible to Client for all work performed. 12.Term.This Agreement shall be effective on Jauuag 1,2015 upon approval by the City Administrator and uyon execution by the City Administrator and Consultant. 13..~everabBte.Either party may tern~ate said Agreement with or withaut cause upon at least thirty (30)days vnitten notice to the other pasty.This Agreement shall become effective oi January 1,2015.through the end of the 2015 Legislative Session,unless terminated earlier pursuant to the thirty (30)day notice of'terminatioe mentioned above. This Agreement slmll be governed,construed arid interpreted under the laws of the Stat.e of Iowa.. Cons111ta11t City of Wmikee By: Mary Earnl rdt By: W am F.enrd,Mayor w(~lx(~ Date Date Exhibit 2t. ~Qb'ective The objective of the City is to move the forward legislation to modernize the Iowa Local Option Sales Tax Lavr to:1)allow flexibility for cities to vote on enacting the Local Option Sales Tax and 2)updating the formula used to distribute the Local Option Sales Tax revenue. (Legislation similar to Senate File 2348 and SF 2331 from 2014). Pro osaI for Services Vlorking as a consultant to the City of Waukee this proposal is designed to move far'vrard the City's above listed objective: Dec 20141Jan 2015 Evaluation Process Conduct an extensive evaluation with City Staff and Council,as well as other stakeholders including the City of Des 1VIoines and West Des Moines to develop a collaborative strategy.This evaluation will also be utiIized to identify legislative sponsors. Coordinate the identification and mobilization of additional stakeholders who are vrilling to write or call in support of pending legislation. StakehoIders might include past or present Council members,local and regional coznmunity organizations,'education institutions,busin.ess leaders,and other community leaders willing to mak'e phone calls and send letters to lawmakers.Draft all relevant materials. Draft lnformafional Papers Work with appropriate City representatives and other key stakeholders to draft informational papers for introductory purposes.These vrill be used as a tool at the Statehouse and.vrill be a summary of the Local Option Sales Tax issue'and underlying rationale. Draff Proposed Legis'lafion Work with identified legislators to sponsor legislation and work with the appropriate staff for the legislation to be drafted.(There is a deadline of February 6,Z016 for individual bill draft requests;hovrever Committee Chairs have a separate deadline for hill draft requests). Jan 2015— through May 20I5 (estimated) I egislative and Executive Branch Visifs Meet with members af the General Assembly and representatives from the Governor's Office to introduce,educate and inform on the need for modernizing the Local Option Sales Tax. Statehouse Visits Arrange meetings with key lawmakers (House and Senate Majority Party and Minority Party Leadership;Chairpersons and Ranking Members of the House and Senate Vlays and Means Committees;to introduce,inform and educate. Prepare all necessary briefing materiaIs for these visits,In advance of Statehouse visits,conduct a briefing session to thoroughly prepare the attendees for each meeting.Prepare all follow-up correspondence and legislative precedents requested by Members. Commiftee Monitoring-Advocacy Lobbying Monitor identified issue areas to promote and lobby in regard to the Local Option Sales Tax with Members of the Legislature as they work through various pieces of legislation at the Subcommittee level,the Full Committee level,and in the House and Senate Chambers.Monitor legislative activity related to the Local Option Sales Tax issue and develop and execute any necessary strategies,briefing documents,and legislative language necessary. Outreach and Collaboration Meet with other stakeholder groups/lobbyists with interests that are in alignment with the legislative needs and concerns and execute the collaborative strategy. Committee Monitoring-Advocacy Lobbying Continue to monitor,promote and lobby on identified legislation.Track and analyze legislation,including bills and amendments. Relationship Maintenance and Development Continue to foster relationships with legislative leadership,key lawmakers and the Executive Branch on behalf of the City. Legislative Session Wrap-up Create a comprehensive wrap-up legislative action and present to City personnel and Council. ~Re ortin Regular communication is vital to success.As such,during Session I propose at a minimum,a weekly conference call and/or in-person meeting with the City Administrator or his designee, as well as other appropriate City personnel and Council members as deemed appropriate to discuss ongoing-activities.Additionally,I will provide a weekly report on the status of legislation.After the 2018 Legislative Session,I will prepare a written annual progress report for presentation.-