HomeMy WebLinkAboutResolution - 2008-R0040 - Agreement - Meyers & Associates - Federal Legislative Counseling Services - 01/24/2008i
Resolution No. 2008-ROO40
January 24, 2008
Item No. 4.4
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 24th day of January , 2008.
DAVID A. MiLLER, MAYOR
ATTEST:
City Secretary
APPROVED AS TO CONTENT:
—A A 'V" x'u,
Lk Am Dumbauld, City Manager
APPROVED AS
G. N aandiver, Attorney of
DDres/M eyersCun08 Res
January 15, 2008
Resolution No. 2008-80040
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 I" day of January 2008.
WHEREAS, many key goals of the City of Lubbock, especially economic
development goals, omnibus Iegislative 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 decision 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:
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 Secretary and Manager for Intergovernmental
Relations, 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 of 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 with out City approval.
c. Such payments will commence on January ls' 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 City Secretary 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. All services will be performed according to high professional standards.
c. Should a potential conflict develop between services performed for the City
and Meyers' other clients, such potential conflict will be reported to the City
Secretary at once for resolution by the City Secretary,
d. Meyers will 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.
Term. This agreement shall commence January 1, 2008 and continue until
December 31, 2008, 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.
5. Entire Agreement. This Agreement contains the entire understanding of the
parties hereto with respect to the matters covered hereby.
b. 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.
T Assignment. This Agreement may not be assigned by either party without
mutual consenting in writing.
8. Bidding Effect. Subject to the provisions of Section i 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.
N. 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 24thday
of January 2008,
CITY OF LUBBOCK, TEXAS
_;;
AV
DID A. MILLER, MAYOR
Attest:
bec.ca &a,'CiltySecretary
APPROVED AS TO CONTENT:
APPROVED ASJO FORM:
ona d G. Vandiver, A to ey of unsel
MEYERS & ASSOCIATES
o �
ARRY D. MEIERS, PRESID NT
Richard (Rick) L. Meyers, Partner