HomeMy WebLinkAbout2016-01-18-J01D 2016 Lobbying Agreement AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: January 18, 2016
AGENDA ITEM: Consideration of approval of a resolution approving agreement for lobbying
services
FORMAT: Consent Agenda
SYNOPSIS INCLUDING PRO & CON: Potential lobbying firms were interviewed to represent the
City’s interests during the 2016 State Legislative Session. Following the
interviews, City Administrator Moerman recommends that the services of
Davis, Brown, Koehn, Shors & Roberts, P.C., be retained for the 2016
session.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: $10,000.00
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: Staff recommends approval of the engagement agreement
with Davis, Brown, Koehn, Shors & Roberts, P.C.
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Proposed Resolution
II. Davis, Brown, Koehn, Shors & Roberts, P.C Engagement Agreement
PREPARED BY: Becky Schuett
REVIEWED BY:
THE CITY OF WAUKEE, IOWA
RESOLUTION 16-
APPROVING AGREEMENT FOR LOBBYING SERVICES
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA
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 & 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 18th day of January, 2016, that the Agreement for Lobbying Services,
attached hereto as Exhibit A, is hereby approved.
____________________________
William F. Peard, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Shane Blanchard
Brian Harrison
Shelly Hughes
Larry R. Lyon
Rick Peterson
#2682102 v.3
January 13, 2016
City Administrator Tim Moerman
City of Waukee, Iowa
City Hall
230 W. Hickman Road
Waukee, Iowa 50263
RE: Engagement of Davis, Brown, Koehn, Shors & Roberts, P.C.
Dear Tim,
This engagement letter (“Letter”) outlines the services that the law firm of Davis, Brown, Koehn,
Shors & Roberts, 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 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.
Scope of Engagement. The Firm is engaged to provide the following limited lobbying services
related to changes to Iowa Code Chapter 423B (the “Matter”):
Draft 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 monitoring/tracking of proposed legislation;
Providing reports on a regular basis on the proposed legislation;
Providing immediate reports when needed on the proposed legislation.
The Firm agrees to competently and diligently represent the Client in the Matter. However, the
Client acknowledges that the Firm has given no assurances regarding the outcome of the Matter.
Fees. The Firm’s fee for the Matter will be $10,000. In the event the engagement is expanded or
extraordinary issues become involved we reserve the right to discuss an increase with you. We
will not require a retainer from the Client for the Matter.
Costs and Expenses. The Firm’s bills to the Client will include charges for various 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 Firm’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 during the months of January through
and including May. The bills are due and payable 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 thereto, and the costs and expenses incurred. A bill will identify the actual individuals
involved in rendering services and the time spent (in one-tenth of an hour increments). The
Client may promptly raise and address with the Firm any questions that may arise with respect to
the Firm’s billing.
The Firm invites the Client to discuss freely with the Firm 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 Firm 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.
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 trust 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 Responsibilities. As a matter of professional responsibility, we 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
communication 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 trusts that our attorney/Client relationship will be based on
mutual confidence and unrestrained communication that will facilitate proper representation of
the Client. In the event the Client perceives any actual or possible disagreement with the Firm or
the Firm’s handling of the Matter, the Client may promptly and candidly discuss the problem
with the Firm.
The Firm agrees to keep the 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 Firm’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-time it may be convenient to communicate by email
or cellular telephone, unless you object. You are cautioned that such communications cannot be
accomplished with complete confidence that they will not be intercepted by unauthorized
persons. We use a variety of technology tools. These tools may be provided by or facilitated by
third parties. As a result, your information may be exchanged on networks or stored on servers
hosted by third parties. We have adopted internal policies and procedures related to the selection
and use of third party tools and the transmittal and 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 review our information security policies, please let us know.
We would be happy to provide them to you. If requested, we would be happy to work with you
to develop specialized information security protocols for your information. Unless requested, we
will operate in accordance with our standard information security policies. You should bear that
in mind in deciding whether to object to such communications.
Conflicts. As a relatively large law firm, the Firm represents many other entities and
individuals. It is possible that some of the Firm’s present or future Clients will have disputes
with the Client during this engagement. Therefore, as a condition to the Firm’s undertaking this
engagement, the 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 Firm has obtained
sensitive, proprietary or other confidential information that, if known to any such other Client of
the Firm, 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 law of the
State of Iowa. The Firm’s services shall be governed by the Iowa Rules of Professional Conduct
for Lawyers, without regard to where the services are actually performed. The Firm reserves the
right to withdraw 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 and shall be effective when delivered. In the event of such termination
or withdrawal, the Client shall promptly pay the Firm 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.
Commencement of Representation. Representation of the Client will not commence until the
Firm receives both a copy of this Letter signed by the Client. If the Client requests that the Firm
provide legal services before the signed copy of this Letter is received by the Firm, then all such
services shall be deemed to be requested and provided pursuant to the terms of this Letter.
Subsequent Matters. In the event that the Client engages the Firm to handle subsequent
matters, 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.
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.
Very truly yours,
DAVIS, BROWN, KOEHN, SHORS & ROBERTS, P.C.
Thomas E. Stanberry Katherine C. Carlucci
The terms and conditions expressed in the foregoing Letter are agreed to and accepted.
Dated this ___ day of _______________, 2016.
City of Waukee, Iowa
By ___________________________________
Tim Moerman, City Administrator