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HomeMy WebLinkAbout09/05/2006 Blue Sheet Lobbying Services Agreement with Marshall A. Brachman MEETING DATE: September 5, 2006 AGENDA ITEM: TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA 1.3 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Resolution No. 2006-126: Relating to Professional Services; ap- proving and authorizing the Mayor to execute a Lobbying Services Agreement with Marshall A. Brachman. DISCUSSION This item formalizes and continues the Town's lobbying services agreement with Marshall A. Brachman. Mr. Brachman assists with lobbying at the Federal level. The lobbying services agreement proposed to be approved by this item would set Mr. Brachman's compensation at the level of $1,000 per month plus reimbursement of certain direct expenses of up to $2,000 per year. RECOMMENDATION Staff recommends adoption of Resolution No. 2006-126, approving and authorizing the Mayor to execute the lobbying services agreement with Marshall A. Brachman. A TT ACHMENT(S) Lobbying Services Agreement. SUGGESTED MOTION I move to adopt Resolution No. 2006-126. {00002499.DOC /} FJC/cds 8/9/06 '-..-.'- "'-...........-..-........,.'-.~ 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. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00002501.DOC I} 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 CONSIDERATION of the mutual covenants and restrictions contained in this Agreement, it is mutually agreed as follows: ARTICLE I. SCOPE OF WORKlCOMPENSA TION 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 federal, state and local legislative and 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 $1 ,000 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. TRA VEL, 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. {00002436.DOC I} ARTICLE II. TERM This Agreement shall begin on August 1, 2006, and shall continue in full force and effect until it is terminated pursuant to Article III. ARTICLE III. TERMINATION/MODIFICATIONS 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 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: 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 {00002436.DOC /} - 2 - .. -'~~"""""";,,,,,,,,,,",;~,-,.........."-,....-,.~.~ 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 MARANA: MARSHALL A. BRACHMAN By: Mayor Ed Honea Dated: Dated: ATTEST: Jocelyn Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy {00002436.DOC /} - 3 -