HomeMy WebLinkAbout2016-01-18-Resolutions 16-021_Lobbying Services Agr - Davis BrownTHE CITY OF WAUKEE,IOWA
RESOLUTION 16-021
APPROVING AGREEMENT FOR LOBBYING SERVICES
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WA UKEE,IO1YA
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 2016 session;
AND,
WHEREAS,Davis,Brown,Koehn,Shors 6t Roberts,P.C.,has submitted an Agreement
for Lobbying Services for consideration by the Waukee City Council.
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in
session this 18"'day of January,2016,that the Agreement for Lobbying Services,
attached hereto as Exhibit A,is hereby approved.
tl tarn .Pear,Mayor
Attest
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Shane Blanchard
Brian Harrison
Shelly Hughes
Larry R.Lyon
Rick Peterson
AYE
X
X
X
NAY ABSENT ABSTAIN
X
X
January 13,2016
City Administrator Tim Mocnuan
City of Waukee,Iowa
City Hall
230 W.Hickman Road
Waukee,Iowa 50263
RE:Engagement of Davis,Brovvn,Koehn,Shors k.14oberts,P.C,
Dear Tim,
This engagement letter ("Letter")outlines the services that the law finn of Davis,Brown,Koehn,
Shors g:Robctts,P.C,(the "Firm")proposes to provide as lobbyists during the 2016 Legislative
Session ("2016 Session")for the City of Waukee,Iowa (the "Client")and confirms that the Finn
is iaigagcd by thc 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 infonrration concerning our fees,billing and collection policies.and other
terms and conditions that will govern our relationship.
Sco e of Enoa~ement.The Firm is engaged to provicle the following limited lobbying services
related to changes to Iowa Code Chapter 423B (the "Matter"):
~Dratl legislation and any needed amendments;
~Identify and work with legislative sponsors to introduce legislation;
~Attending meetings of subcommittees and committees to monitor proposed legislation;
~Day-to-day monitoringJtracking nf proposed legislation;
~Providing reports on a regular basis on the proposed legislation;
~Providing immediate reports when needed on the proposed legislation.
The Finn agrees to competently and diligently represent the Client in the Matter.However,thc
Client acknowledges that the Fimi has given no assurances regarding the outcome of the Matter.
Fees.The Finn's fee for the Matter will be $10,000.In the event the engagement is expanded or
extraordinary issues become involved we reseive the right to discuss an increase with you.We
will not require a retainer fiom the Client for the Matter.
Costs and Ex enses.The Firiu's bills to the Client will include charges for various costs and
expenses inrnirred on thc Client's behalf.Costs may be incurred in-house by the Firm and
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include,but are not limited to,photocopics,long distarlcc telepholle cliarges,facsiltlile
transmissions aml postage.Expelises &liny be incurred through invoices from third parties and
include,but are not limited to,courier or messenger services,travel expenses,depositions,
triuiscripts,witness fees,process fees,court costs,abstract costs and filmg and recordation I'ees.
Costs will be charged under the I irm's st'uidard 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.
Billin~.The Finn will send its bills to the Client monthly during the months of January through
and including May.The bills are due i&lid payablc within thirty (30)days from their date.The
Firm will provide in its bills a general description of the services performed,the fee charged
relating thcrcto,and the costs and expenses incurred.A bill will identify the actual individuals
involved in rendering services and the time spent (in onc-tenth of an hour increments).The
Client may promptly raise a!ld arklress with the Finn any questions that may arise with respect to
the Firm's billing.
The Firm invites the Client to discuss freely with the Finn any questions Client may have
concerning the fees that arc charged.Thc Firm desires Client be satisfied with both the quality
of seiviccs and the reasonableness of the fees charged for those services.The Finn will attempt
to provide as much billing information as Client requires,and is v illing to discuss any of the
various billing formats available that best suit Client's needs.
It is our policy on this and all future work we perform to allow you an opportunity to review that
work before any funds held in t&mst will be applied as fees.Therefore no funds held in trust in
the future for you will be applied as fees for a period of 15 days from the date of billing.
General Res onsibllltles.As a matter of professional responsibility,wc are required to
preserve the confidences and secrets of our Clients.This professional obligation and the legal
privilege for attorney/Client communications exist to encourage candid and complete
conununication between the lawyer and Client.The Firm can perform truly beneficial services
for Client only if it is aware of all information that might be relevant to the representation on the
Matter.Consequently,the Firm busts that our attorney/Client relationship will be based on
mutual cont&dence and unrestrained communication that will facilitate proper representation of
the Client.In the event the Client perceives any actual or possible disagreement with the Finn or
the Firm's handling of the Matter,thc Client may promptly and candidly discuss thc problem
with the Firm,
The Fimi agrees to keep thc Client informed of developments as necessary to perform its
services,and will consult with Client as necessary to ensure timely,effective and efficient
completion of the representation.The Firm understands that the Client is entitled to make all
major decisions involving the Matter.All of the Finr&'s work product will be owned by the Firm
and may be utilized in whole or in part in other projects involving the Client.The Client is
entitled to copies of work product prepared for the Client.
Electronic Communication.From time-to-timc it may be convenient to commuiiicate by email
or cellular telephone,unless you object.Yoii 'll'e cailtioncd that such colii111ililiciltlolls canltot be
&lccoluplished with complete contidence that they will not bc intercepted by unauthorized
persons.We use a variety of technology tools.Thcsc tools may be provided by or facilitated by
third parties.As a result,your information may bc exchanged on networks or stored on servers
hostcd by third parties.We have at!opted internal policies and procedures related to the selection
and use of third party tools and the transmittal ancl storage of your information.These policies
and procedures are intended to reduce the risk of inadvertent disclosure of your communications
or information.If you would like to reviev our information security policies,plcasc lct us know.
Wc would be happy to provide them to you.II'requested,we would be happy to work with you
to develop specialized information security protocols for your inforntation.Unless requested,we
will operate in accordance with our standard infonuation security policies.You should bear that
in mind in deciding whether to object to such communications.
Conflicts.As a reh&tively large law firm,the Finn represents many other entities and
individuals.It.is possible that some of the Firm's piuscnt or future Clients will have disputes
with the Client during this engagement.Therefore,as a condition to the Firm's undertaking this
eng&agetnent,the Client agrees that the Fitrm m&ay continue to represent,or may unrlertake in the
future to represent,existing or ncw Clients in any matter that is not substantially related to the
Matter,to the extent consistent with the Iowa Rules ol'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 Finn has obtained
sensitive,proprietary or other confidential infonuation that,if known to any such other Client of
the Firm,could bc used in any such otller m&attcr by such Client to the material disadvantage of
the Client.
Termination.This Letter shall be interpreted and enforced in accords&ace with the law of the
State of Iowa.The Firm's services shall bc governed by the Iowa Rules of Professional Conduct
for Lawyers,without regard to where the services are actually perfonued,The Firm reserves the
right to vvithdraw from the engagement if the Client fails to honor this Letter or for any other
reason permitted 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 an(i shall be efFective when delivered.In the event of such tcrtnillaition
or withdrawal,the Client shall promptly pay the Firm all fees,costs and expenses incurred prior
to the date of teitmination or withdrawal.Upon teimination or withdr&awal of this engagement,
the Firm agrees to cooperate with any successor counsel to accommodate a smooth anil orderly
transition of the representation.
Commencement of Re resentation.Representation of thc Client will not commence until tltc
Firm receives both &a copy of this Lettci signed by the Client.If the Client requests that the Fiim
provide legal services before the signed copy of this Letter is received by the Finn,then all such
services shall be decmerl to be requesled and provided pursuant to the tcnns of this Letter.
Subse uent Matters.In the event that the Client engages the Fiim to hmidle subsequent
nlatters,then unless otherwise agreed in writing between the Firm and the Client,those
subsequent matters shall be governed by the terms and conditions of this Letter.
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regarding the Matter and the tees,costs and expenses relative to thc Matter.This Letter shall not
be modifted except by written agreement signed by the Fitxn and the Client,This engagement
letter shall he binding upon the Client and the Firm and their respective heirs,executors,legal
reprcsentattvcs and successors.
Please sign a copy of this letter in the space provided and return it prontptly to the Firm.
We appreciate the oppottunity to work with you in connection with this matter,and look fonvard
to a mutually satisfactory relationship.
Very tndly yours,
DAVIS,BROWN.KOEHN,SHORS k.ROBERTS,P.C.
Thomas E.Stanberry Katherine C.Carlucci
The terms and conditions expressed in the foregoing Letter ate atfreed to and accepted.
D t dtll fdflld T f~dflNd,'-did,
City of Waukee,Iowa
}
By
Tim Moennan,City Administrator