HomeMy WebLinkAboutResolution - 2006-R0007 - Agreement For Federal Legislative Counseling Services - Meyers & Associates - 01_12_2006Resolution No. 2006-R0007
January 12, 2006
Item 5.11
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT: the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock an Agreement for federal legislative
counseling services and any related documents with Meyers & Associates, a copy of which
Agreement is attached hereto and which shall be spread upon the minutes of this Council
and as spread upon the minutes of this Council shall constitute and be a part hereof as if
fully copied herein in detail.
Passed by the City Council this 12th day of January , 2006 .
ATTEST:
lkeb&ca Garza, City Secretary
APPROVED AS TO CONTENT:
Platt, Chief of
APPROVED AS TO FORM:
Donald G. Vandiver, Attorney of
CCdocs/RESOLUTION Meyers
December 28, 2005
,wNTRACT NO.
6691.. AGREEMENT BETWEEN
THE CITY OF LUBBOCC, TX AND
MEYERS & ASSOCIATES FOR
GOVERNMENTAL RELATIONS SERVICE
This agreement is by and between the City of Lubbock (the "City") and Meyers &
Associates, a Washington based governmental relations consulting firm (hereinafter
"Meyers"), and is effective the lst day of January, 2006.
WITNESSETH:
WHEREAS, many key goals of the City of Lubbock, especially economic
development goals, omnibus legislative policy, federal legislative policy, transportation
(Marsha Sharp Freeway, Ports to Plains Corridor, Citibus), Homeland Security, electric
competition, law enforcement, agriculture, medical/health care, Lubbock Preston Smith
International Airport, and water infrastructure (EPA STAG earmarks, Bureau of Reclamation
Title XVI Water Reclamation Project Authorization) are directly and critically affected by
decisions of the United States Congress, President and Agencies; and
WHEREAS: Meyers specializes in providing governmental relations services in
federal legislative and administrative matters:
NOW THEREFORE, for and in consideration and exchange of mutual covenant and
conditions herein contained, the City and Meyers agree as follows:
1. City Duties. The City hereby retains Meyers to act on its behalf to assist in furthering
the City goals in Washington under terms acceptable to the City including:
a. The City, through its City Council Chief of Staff, will supervise the activities of
Meyers in monitoring and promoting policies, which assist in furthering the
City's interests and goals.
b. The City will pay or cause to be paid to Meyers $8,000 monthly for assistance
in accomplishing the above interests and goals plus reasonable associated out -
of -pockets expenses not to exceed $1,000 monthly without City approval.
c. Such payments will commence on January I" and will continue for twelve (12)
consecutive months subject to provisions for cancellation as set out below.
d. The services and relationship between the City and Meyers may be terminated
at any time upon notice by the Chief of Staff at least ninety (90) days in
advance.
2. Meyers Duties. Meyers agrees that they will:
a. Use their best professional efforts to assist in the accomplishment of the
interests and goals of the City.
b. All services will be performed according to high professional standards.
c. Should a potential conflict develop between services for the City and Meyers'
other clients, such potential conflict will be reported to the Chief of Staff at once
for resolution by the Chief of Staff.
d. Meyers will comply with all laws of the United States and regulations of the
United States Congress with regard to representation as may be required by
such laws and regulations
3. Term. This Agreement shall commence January 1, 2006 and continue to December 31,
2006, subject to the provisions for cancellation set out in Section 1.(d) above.
4. Independent Contractor. Nothing contained in this Agreement shall be construed to
constitute Meyers as an employee or agent of the City nor shall either party have any
authority to bind the other in a respect, it being intended that each shall remain an
independent contractor responsible for its own actions.
5. Entire Agreement. This Agreement contains the entire understanding of the parties
hereto with respect to the matters covered hereby.
6. Severability. Whenever possible, each of this Agreement shall be interpreted in such
manner as to be effective and valid under applicable law, but if any provisions of this
Agreement shall be prohibited or invalid under applicable law, without invalidating the
remainder of such provision or the remaining provisions of this Agreement.
7. Assignment. This Agreement may not be assigned by either party without mutual
consenting in writing.
8. Binding Effect. Subject to the provisions of Section 7 of this Agreement, this
Agreement shall be binding upon and inure the benefit of the parties hereto, and their
successors and assigns.
9. Amendment. This Agreement may be amended only by an instrument in writing
executed by the parties hereto.
10. Caption. The section and paragraph headings in this Agreement are for reference
purposes only and shall not affect in any way the meaning or interpretation of this
Agreement.
11. Governing law. This Agreement shall be construed and enforce in accordance with and
governed be the law of the State of Texas.
12. Counterparts, This Agreement may be executed in municipal original counterparts, each
of which shall be deemed an original, but all of which together shall constitute the same
instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this 12th
day of January , 2006
CITY OF LUBBOCK, TEXAS MEYERS & ASSOCIATES
C gcDOUGAL, MAYOR LARRY D. MEYERS, PRESIDEN
ATTEST:
Reb cca Garza, City Secretary
APPROVED AS TO CONTENT:
Dixon Platt, tilly Council Chief of Staff
APPROVED AS TO FORM:
Donald G. Vandiver, Attorney of Counsel
Richard (Rick) L. M yers, Partner