HomeMy WebLinkAboutResolution 2006-124 lobbying services agreement with michael racy
MARANA RESOLUTION NO. 2006-124
RELATING TO PROFESSIONAL SERVICES; APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE A LOBBYING SERVICES AGREEMENT WITH MICHAEL M.
RACY AND HIS FIRM RACY/ASSOCIATES, INC.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, that the Mayor is hereby authorized to execute, and the Town's staff is
hereby directed and authorized to undertake all other and further tasks required to carry out the
terms and obligations of a lobbying services agreement between the Town of Marana and
Michael M. Racy and his firm Racy/Associates, Inc., attached to and incorporated by this
reference to this resolution as Exhibit A.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 5th day of September, 2006. t::: J I
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Mayor Ed Honea
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LOBBYING SERVICES AGREEMENT
This Agreement for lobbying services (this "Agreement") is made and entered
into by and between the TOWN OF MARANA, an Arizona municipal corporation (the
"Town") and MICHAEL M. RACY and his firm RACY/ASSOCIATES, INC., an Ari-
zona corporation (collectively "Racy").
IN CONSIDERATION of the mutual covenants and restrictions contained in this
Agreement, it is mutually agreed as follows:
ARTICLE I. SCOPE OF WORK/COMPENSATION
A. ENGAGEMENT AND SCOPE OF SERVICES: The Town shall retain Racy in
the capacity of lobbyist. Racy shall provide lobbying services at the direction of
the Town Manager as approved and directed by the Mayor and Council. His du-
ties shall include providing lobbying services for the Town before federal, state
and local legislative and executive branch bodies.
B. REPRESENTATION OF OTHER CLIENTS: Nothing in this Agreement
shall be interpreted to prohibit Racy from representing other clients so long as that
representation does not constitute a legal conflict of interest. The Town may
waive conflicts to the extent permitted by law.
C. COMPENSATION: For the services contemplated in this Agreement, the Town
shall pay Racy a fee of $3,000 per month.
D. CHARGES FOR COSTS AND EXPENSES: With the Town Manager's prior
written approval, the Town shall reimburse Racy for any reasonable out-of-pocket
costs which he may incur as a direct result of his lobbying efforts on the part of
the Town.
E. TRA VEL, TIME AND MILEAGE: Racy shall not charge travel time or mile-
age costs for any services provided under this Agreement.
F. BILLING: Racy shall bill the Town for his services on or about the first day of
each month. The Town shall pay invoices within 30 days of receipt.
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ARTICLE II. TERM
This Agreement shall begin on September 1, 2006, and shall continue in full force
and effect until it is terminated pursuant to Article III.
ARTICLE III. TERMINA TION/MODIFICA TIONS
A. TERMINATION: This Agreement may be terminated by either the Town or
Racy at any time, subject to payment of all fees and costs incurred through the
date of termination, by giving written notice to the other party. The written notice
shall be delivered personally or by certified mail, and termination shall take effect
60 days after receipt of the written notice by the receiving party.
B. MODIFICATION: This Agreement may not be modified except by an instru-
ment in writing duly executed by all parties.
ARTICLE IV. MISCELLANEOUS
A. ENTIRE AGREEMENT: This Agreement supersedes any and all agreements
previously made between the parties relating to the subject matter of this Agree-
ment, and there are no understandings or agreements other than those incorpo-
rated in this Agreement.
B. NO ASSIGNMENT: Racy may not assign any rights or obligations under this
Agreement without the Town's prior written consent.
C. INDEPENDENT CONTRACTOR STATUS: The parties understand and agree
Racy is an independent contractor and nothing in this Agreement shall make Racy
an employee of the Town. It is expressly understood and agreed by the parties
that Racy is solely responsible for all federal, state and local taxes, including but
not limited to FICA, unemployment compensation and workers' compensation,
and will not be subject to the personnel policies or entitled to any benefits of the
Town.
D. GOVERNING LAW: This Agreement shall be governed, construed, and inter-
preted in accordance with the laws of the State of Arizona.
E. ATTORNEY'S FEES: If there is a breach of this Agreement that results in liti-
gation, the prevailing party shall be awarded its attorneys' fees and court costs in-
curred in the litigation.
F. SEVERABILITY: If any provision of this Agreement shall under any circum-
stances be deemed invalid or inoperative, this Agreement shall be construed with
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the invalid or inoperative provision deleted and the rights and obligations con-
strued and enforced accordingly.
IN WITNESS WHEREOF, the parties have executed this Agreement on the last
signature date below.
RACY/ASSOCIATES,INC.
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Michael M. ~' President
Dated: ~/~G
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Ma~or E Honea
Dated: ~ 5/ ~OO"
ATTEST:
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