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Home My WebLink AboutResolution 2006-125 lobbying services agreement with arthur chapa MARANA RESOLUTION NO. 2006-125 RELATING TO PROFESSIONAL SERVICES; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A LOBBYING SERVICES AGREEMENT WITH ARTHUR A. CHAPA. 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 Arthur A. Chapa 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 MARAN A, ARIZONA, this 5th day of September, 2006. !;f ;t ~. . (/'ILc2L- Mayor Ed Honea ATTEST: """""""'" ~'~\. OF ~ '~ ~ ~~\\\""""'..~~ S ~--, ..~ ~ S E~ CORPORATe\. ~ _S 000 =: - -SEAL- - ... ~ S .... III"! ~ ~!-. ~ ~ ~;: ~ AI. ~"I"U"\\~ ~ ~/jIZ. '\9,\~ illlUl\\. {OOO02502.DOC /} FJC/cds 8/9/06 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 ARTHUR A. CHAPA ("Chapa"). IN CONSIDERA nON 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 Chapa in the capacity of lobbyist. Chapa shall provide lobbying services at the direction of the Town Manager as approved and directed by the Mayor and Council. His duties shall include providing lobbying services for the Town before federal legis- lative and executive branch bodies related to the Twin Peaks Interchange project. B. REPRESENTATION OF OTHER CLIENTS: Nothing in this Agreement shall be interpreted to prohibit Chapa 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 Chapa a fee of $3,000 per month. D. CHARGES FOR COSTS AND EXPENSES: The Town shall reimburse Chapa 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. The reimbursements shall not exceed a total of $2,500 per calendar year without the prior written approval of the Town Manager. E. TRAVEL, TIME AND MILEAGE: Chapa shall not charge travel time or mile- age costs for any services provided under this Agreement. F. BILLING: Chapa 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. {OOOO2435DOC /2} - I - 8/16/2006 10:49 AM FIe 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 TIONIMODIFICA TIONS A. TERMINATION: This Agreement may be terminated by either the Town or Chapa 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: Chapa 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 Chapa is an independent contractor and nothing in this Agreement shall make Chapa an employee of the Town. It is expressly understood and agreed by the parties that Chapa is solely responsible for all federal, state and local taxes, in- cluding but not limited to FICA, unemployment compensation and workers' com- pensation, and will not be subject to the personnel policies or entitled to any bene- fits 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 {OOO02435.DOC /2} - 2 - 8/1612006 10:49 AM FJC 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. :~:WNOF~v7h~~T Ma,Yo~onea Dated: '1/5/~oo' Dated: ATTEST: {OOOO2435.DOC 12l - 3 - 8/1612006 10:49 AM FJC