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HomeMy WebLinkAboutResolution - 2008-R0398 - Agreement For Federal Legislative Counseling Services - Meyers & Associates - 10_09_2008Resolution No. 2008-RO398 October 9, 2008 Item No. 5.2 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 of Washington, D.C, 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 9th day of October , 2008. TOM MARTIN, MAYOR ATTEST: lg—p V-� . - Reber a Garza, City Secr--tary APPROVED AS TO CONTENT: Lee Dumbauld, City Manager APP V AS FORM: Chad Weave ,`Assistant City Attorney vw/Chad/Resolutions/RES-MeyersCon08 September 30, 2008 Resolution No. 2008 RO398 AGREEMENT BETWEEN THE CITY OF LUBBOCK, 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 0 day of January 2009. WHEREAS, many key goals of the City of Lubbock, especially economic development goals, omnibus legislative policy, federal legislative policy, water infrastructure (EPA, STAG earmarks, Bureau of Reclamation Title XVI Water Reclamation Project Authorization) transportation, Homeland Security, electric competition, law enforcement, agriculture, medical/health care, and Preston Smith International Airport are directly and critical 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 an in consideration and exchange of mutual covenants and conditions herein contained, the City and Meyers agree as follows: 1. City Duties. The City here by 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 and City Manager, will supervise the activities of Meyers in monitoring and promoting polices, which assist in furthering the City's interest and goals. . _..._................ ....... .._ ....................... . ....... b. The City will pay or cause to be paid to Meyers $8,000 monthly for assistance in accomplishing the above interest and goals plus reasonable associated out- of-pocket expenses not to exceed $1,000 monthly without City approval. c. Such payments will commence on January 1, 2009, and will continue for twenty-four (24) 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 written notice by the City Manager 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 interest and goals of the City; b. Perform all services according to high professional standards; c. Should a potential conflict develop between services performed for the City and Meyers' other clients, report such potential conflict to the City Manager at once for resolution by the City Manager; and d. Comply with all laws of the United States and regulations of the United States Congress with regard to representation and registration as may be required by such laws and regulation. 3. Term. This agreement shall commence January 1, 2009, and continue until December 31, 2010, subject to the provision for cancellation and 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. Entire Agreement. This Agreement contains the entire understanding of the parties hereto with respect to the matters covered hereby. 6. Severability. Whenever possible, each provision 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 provisions or remaining provisions of the Agreement_ 7. Assignment. This Agreement may not be assigned by either party without mutual consenting in writing. 8. Bidding Effect, Subject to the provisions of Section 7 of this Agreement, this Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and assigns. 9. Amendment. This Agreement may be amended only by an instrument in writing and executed by the parties hereto. 10. Captions. This 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 enforced in accordance with and governed by the law of the State of Texas. 12. Counterparts. This Agreement may be executed in multiple original counterparts, each of with 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 9th day of October , 200 8 . CITY OF LUBBOCK, TEXAS MEYERS & ASSOCIATES <-1-4-111 Z9�4� 111-7 ' —.' HON. TOM MARTIN, MAYOR ARR D. 116EYERS, PRESIDENT Attest: City lecretary Richard (Rick) L. M ers, Partner APPROVED AS TO CONTENT: X"A- Lee Ann Dumbauld, City Manager APPROVED AlFORM: bona d G. an iver, At orn of Co n