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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 raass102 va 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. ~lt,t'.TI Ltt t „tl »t g tdt tl Dli 6 dtd 6' 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