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
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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.
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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
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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.