HomeMy WebLinkAbout2021-10-18-I01L 2022 Lobbying AgreementAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: October 18, 2021
AGENDA ITEM:Consideration of approval of a resolution approving agreement for lobbying
services
FORMAT:Resolution
SYNOPSIS INCLUDING PRO & CON: For the past several years, the Mayor and City Council
approved legislative priorities and directed the City Administrator to make a
recommendation as to which lobbying firm would best serve the needs of the
City in the upcoming legislative session.
Based on past performance, City staff is recommending that the firm of
Carney and Appleby be engaged by the City of Waukee for lobbying services
for the 2022 legislative session. 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 will be made to
the members of the city council on a periodic basis.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:$23,340.00
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. 2022 Lobbying/Consultant Agreement
PREPARED BY:Becky Schuett
REVIEWED BY:
I1L
THE CITY OF WAUKEE, IOWA
RESOLUTION 2021-
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 2022 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 18th day of October, 2021, that the 2022 Lobbying/Consultant Agreement is
hereby approved.
____________________________
Courtney Clarke, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
Anna Bergman Pierce
R. Charles Bottenberg
Chris Crone
Larry R. Lyon
Ben Sinclair
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Carney & Appleby, PLC
2022 Lobbying/Consultant Agreement
This Lobbying/Consultant Agreement (the “Agreement”) is entered into as of January
1, 2022 (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, 2022. 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 $23,340. This fee will be billed quarterly beginning January 1, 2022.
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.
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.
Page 2 of 5
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 2022 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. WAUKEE is also aware that Carney
& Appleby represents the City of Iowa City.
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 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.
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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 5
EXHIBIT A
Carney & Appleby will register as lobbyists and legislative counsel for the WAUKEE for the
2022 legislative session which begins January 10, 2022. 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 issues identified in
the City’s 2022 Legislative Priorities document.
Lobbying legislators, legislative staff, and the executive branch on the City’s 2022
Legislative Priorities document.
Developing relationships between WAUKEE and legislative leadership.
Representation before governing agencies on issues identified in the City’s 2022
Legislative Priorities document.
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.
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EXHIBIT B
Carney & Appleby Current Client List
as of 10.11.2021
Accountants Association of Iowa
American Cancer Society Cancer Action Network (ACS CAN)
Anheuser Busch
Anthem, Inc. and Its Affiliates Including Amerigroup
Caesars Enterprise Services, LLC.
City of Des Moines
City of Iowa City
City of Waukee
Clout Public Affairs
Facebook
Great River Entertainment
Insurance Auto Auctions, Inc.
Intoximeters, Inc.
Iowa Association of Nurse Anesthetists
Iowa Athletic Trainers Society
Iowa Biodiesel Board
Iowa Commercial Real Estate Association (ICREA)
Iowa Competitive Bidding Alliance, Inc.
Iowa Council of Health Care Centers
Iowa Drainage District Association
Iowa Soybean Association
Iowa State Bar Association
Iowa Veterinary Medical Association
Iowa-Nebraska Rental Dealers Association
LS Power Midcontinent, LLC
Mediacom Communications Corporation
Meredith Corporation
One Main Holdings, Inc.
RELX Inc.
Resale Power Group of Iowa
Runbeck Election Services, Inc.
Southwest Transmission, LLC
The Nature Conservancy
Town Financial
Transource Energy LLC
Wells Fargo & Company