HomeMy WebLinkAboutResolution 2016-062 Approving Lobbying Services Agreement with Triadvocates, LLCMARANA RESOLUTION NO, 2016-062
RELATING TO INTERGOVERNMENTAL RELATIONS APPROVING AND
AUTHORIZING THE TOWN MANAGER TO EXECUTE A LOBBYING SERVICES
AGREEMENT WITH TRIADVOCATES, LLC FOR FISCAL YEARS 2016-2017 AND 2017
2018
WHEREAS the Town of Marana and Triadvocates, LLC wish to enter into an a
whereb Triadvocates, LLC will provide lobb services for the Town before state
g overnment bodies and officials and
WHEREAS the Ma and Council of the Town of Marana feel it is in the best interests
of the citizens of Marana to enter into the lobb services a addressed b this
resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, that the lobb services a between the Town of Marana and
Triadvocates, LLC for fiscal y ears 2016-2017 and 2017-2018, attached to this resolution as
Exhibit A is hereb approved, and the Town Mana is authorized to execute it for and oil
behalf of the Town of Marana.
IT IS FURTHER RESOLVED that the Town Mana and staff are hereb directed and
authorized to undertake all other and further tasks re or beneficial to carr out the terms,
obli conditions and objectives of the lobb services a
PASSED AND ADOPTED b the Ma and Coun it of th own of Marana, Arizona,
this 21 st da of June,
Ma y anaun ii c;17
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ATTEST: APPROV AS 0 FORM:
A;
T cel y n C. ronson, Town Clerk r k Ca Town Att 'n
00047082.DOCX /I
Marana Resolution No. 2016-062
LOBBYING SERVICES AGREEMENT
This Agreement for lobbying services (this "Agreement ") is made and entered into by
and between the TO" OF MARANA, an Arizona municipal corporation (the "Town ") and
TRIADVOCATES LLC, a Delaware limited liability company ("TRIADVOCATES"').
IN CONSIDERATION of the mutual obligations contained in this Agreement, the parties
mutually agree as follows:
ARTICLE I. SCOPE OF WORKICOMPENSATION
A. ENGAGEMENT AND SCOPE OF SERVICES: The Town retains TRIADVOCATES in
the capacity of lobbyist. TRIADVOCATES shall provide lobbying services at the direction
of the Town Manager as approved and directed by the Mayor and Council.
TRIADVOCATES' duties shall include providing lobbying services for the Town before
state government bodies and officials.
B. REPRESENTATION OF OTHER CLIENTS: Nothing in this Agreement shall be in-
terpreted to prohibit TRIADVOCATES from representing other clients so long as that repre-
sentation 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 TRIADVOCATES a fee of $4,133.33 per month, with total compensation under this
Agreement not to exceed $49,599.96 per year.
D. CHARGES FOR COSTS AND EXPENSES: with the Town Manager's prior written
approval, the Town shall reimburse TRIADVOCATES for any reasonable out -of- pocket
costs, including costs for travel time or mileage, which TRIADVOCATES may incur as a di-
rect result of its lobbying efforts on the part of the Town. TRIADVOCATES will not
markup any of its costs.
E. BILLING: TRIADVOCATES shall bill the Town for its services on or about the first day of
each month. The Town shall pay invoices within 30 days of receipt.
ARTICLE II. TERM
This Agreement shall begin on and be effective as of July 1, 2016, and shall continue in
full force and effect until June 30, 2018 unless sooner terminated pursuant to Article III.
ARTICLE III. TERMINATIONIMODIFICATIONS
A. TERMINATION: This Agreement may be terminated by either the Town or
TRIADVOCATES 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
00047008. DOC /I - 1- 6/3/2016 a F
delivered personally or by certified mail, and termination shall take effect 30 days after
receipt of the written notice by the receiving party.
B" MODIFICATION: This Agreement may not be modified except by an instrument in
writing duly executed by all parties.
ARTICLE IV. MISCELLANEOUS
A. ENTIRE AGREEMENT: This Agreement supersedes any and all agreements previous-
ly made between the parties relating to the subject matter of this Agreement, and there are
no understandings or agreements other than those incorporated in this Agreement.
I3, No ASSIGNMENT: TRIADVOCATES may not assign any rights or obligations under this
Agreement without the Town's prior written consent.
C. INDEPENDENT CONTRACTOR STATUS: TRIADVOCATES is an independent con-
tractor and nothing in this Agreement shall make TRIADVOCATES an employee of the
Town. TRIADVOCATES 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 sub ect to the personnel policies or entitled to any benefits of the Town.
D. GOVERNING- LAW: This Agreement shall be governed, construed, and interpreted in
accordance with the laws of the State of Arizona.
E. ATTORNEYS' FEES: If there is a breach of this Agreement that results in litigation,
the prevailing party shall be awarded its attorneys' fees and court costs incurred in the lit-
igation.
F. SEVERABILITY: If any provision of this Agreement shall under any circumstances be
deemed invalid or inoperative, this Agreement shall be construed with the invalid or in-
operative provision deleted and the rights and obligations construed and enforced accord-
.
ing y.
G. CONFLICT OF INTEREST: This Agreement is subject to the provisions of
A.R.S. § 38 -511, which provides for termination in certain instances involving conflicts
of interest.
H. COMPLIANCE WITH IMMIGRATION LAWS: TRIADVOCATES warrants that it
complies with all federal immigration laws and regulations that relate to its employees
and with A.R.S. § 23 -214 (A). TRIADVOCATES acknowledges that pursuant to A.R.S.
§ 41 -4401, a breach of this warranty is a material breach of this Agreement subj ect to
penalties up to and including termination of this Agreement, and that the Town retains
the legal right to inspect the papers of any employee who works on the Agreement to en-
sure compliance with this warranty.
00047008. DOC 11 -2- f 131201 G J F
IN WITNESS WHEREOF, the parties have executed this A on the last si date
below.
TOWN OF MARANA:
B AC44K
91 &0101"
Gilbert Davidson, Town Mana
Date: / �-a3'�!v
TRIADVOCATES LLC:
B
Its:
EIN/SSN:
Date-,
ATTEST:
Jocel Bronson, Town Clerk
APPROVED AS TO FORM:
a Faira-1 Deput Town Attorne
00047008.DOC /1 -3 - 6/3/2016 JF