HomeMy WebLinkAboutResolution 2006-126 professional services agreement with marshall brachman
MARANA RESOLUTION NO. 2006-126
RELATING TO PROFESSIONAL SERVICES; APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE A LOBBYING SERVICES AGREEMENT WITH MARSHALL A.
. BRACHMAN.
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
Marshall A. Brachman 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.
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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 MARSHALL A. BRACHMAN ("Brachman").
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
Brachman in the capacity of lobbyist. Brachman 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
Congress and federal executive branch bodies.
B. REPRESENTATION OF OTHER CLIENTS: Nothing in this Agreement
shall be interpreted to prohibit Brachman 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 Brachman a fee of$l,OOO per month.
D. CHARGES FOR COSTS AND EXPENSES: The Town shall reimburse
Brachman 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 $2,000 per calendar year without the prior written approval
of the Town Manager.
E. TRAVEL, TIME AND MILEAGE: Brachman shall not charge travel time or
mileage costs for any services provided under this Agreement.
F. BILLING: Brachman 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 TIONIMODIFICA TIONS
A. TERMINATION: This Agreement may be terminated by either the Town or
Brachman 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 ofthe 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: Brachman 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
Brachman is an independent contractor and nothing in this Agreement shall make
Brachman an employee of the Town. It is expressly understood and agreed by the
parties that Brachman 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.
TOWN OF W
By:
Mayor Ed Honea
Dated: q/5/~OO-b
SHALL A. BRACHMAN
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