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HomeMy WebLinkAbout2016-11-07-J14 2017 Lobbying Agreement AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: November 7, 2016 AGENDA ITEM: Consideration of approval of a resolution approving agreement for lobbying services FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: The Mayor and City Council had legislative priorities in past years to (1) streamline the requirements for holding a referendum on local option sales tax and to (2) preserve rules related to the use of tax increment finance. Similar priorities will be recommended by city staff for the next legislative session. In past years, the mayor and council have also directed the City Administrator to interview lobbying firms and make a recommendation as to which firm would best serve the needs of the City in the upcoming legislative session. It is important that Waukee’s perspective on these two issues is presented to legislators for potential action. Three firms were interviewed for providing lobbying services for the next legislative session. Elements considered were familiarity with the issues, relationships with legislators, approaches to communication with the City, and the ability to work with other communities on the same issues. After a thorough review of what each firm would provide to the City of Waukee, city staff is recommending that the firm of Carney and Appleby be engaged by the City of Waukee for lobbying services for the 2017 legislative session. The cost of the services is $20,000. The lobbying firm’s point of contact for communications and strategy development is with the City Administrator. Reports on the activities of the lobbying firm and City staff would be made to the members of the city council on a periodic basis. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: $20,000.00 COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: Staff recommends approval of the agreement with Carney & Appleby, PLC. RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Proposed Resolution II. 2017 Lobbying/Consultant Agreement PREPARED BY: Tim Moerman 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 2017 session; AND, WHEREAS, Carney & 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 7th day of November, 2016, that the 2017 Lobbying/Consultant Agreement, 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 Anna Bergman Brian Harrison Shelly Hughes Larry R. Lyon Rick Peterson Page 1 of 4    2017 Lobbying/Consultant Agreement This Lobbying/Consultant Agreement (the “Agreement”) is entered into as of January 1, 2017 (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 Moerman, Waukee 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, 2017. 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, 2017. 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. Page 2 of 4    c. Expenses. WAUKEE shall be responsible for any necessary out of pocket expenses incurred by Carney & Appleby and preapproved by WAUKEE. 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 2017 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 3 of 4    valid, legal and 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 Moines, Polk County, Iowa. 9. Modification: 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 & APPLEBY, PLC By: ________________________________ Date______________________ Print: ________________________________ Title: ________________________________ The City of Waukee By: ________________________________ Date______________________ Print: ________________________________ Title: ________________________________ Page 4 of 4    EXHIBIT A Carney & Appleby will register as lobbyists and legislative counsel for the WAUKEE for the 2017 legislative session which begins January 9, 2017. It is fully 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 Local Option Sales Tax.  Lobbying legislators, legislative staff, and the executive branch on Tax Increment Financing and Local Option Sales Tax  Developing relationships between WAUKEE and legislative leadership.  Representation before governing agencies on issues dealing with Tax Increment Financing and Local Option Sales Tax.  Bill and regulation monitoring and reporting to WAUKEE.  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 always 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 WAUKEE and all other requirements of the Iowa Ethics and Campaign Disclosure Board.