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HomeMy WebLinkAboutRes2021-107 Sponsored by: Bower CITY OF SEWARD,ALASKA RESOLUTION 2021-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING THE CONTRACT WITH CONFLUENCE STRATEGIES FOR STATE LOBBYING SERVICES THROUGH DECEMBER 31,2024, FOR A TOTAL OF$85,500 ANNUALLY WHEREAS,the City of Seward entered into an Agreement for consultative, advisory, and lobbying services on July 1,1989 with the Kent Dawson Company, Inc.and this agreement has been amended and renewed annually since that time; and WHEREAS, the Kent Dawson Company, Inc. is changing its business name to "Confluence Strategies"due to the retirement of Mr. Kent Dawson; and WHEREAS, the City of Seward is actively working on a number of infrastructure projects which could be eligible for state and federal funding; and WHEREAS, the continuation of lobbying services is desirous to both Seward and Confluence Strategies, and in consideration of the mutual exchange of the promises of the parties, the parties agree to amend the agreement; and WHEREAS, the relationship between Seward and Confluence Strategies continues to be mutually beneficial,with Seward receiving excellent service from the lobbying firm. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The Seward City Council hereby approves the contract, attached hereto, continuing state lobbying services through December 31, 2024. Compensation for Confluence Strategies as compensation for its service$85,500 annually. Section 2. Annual funding in the amount of$85,500 will be appropriated through the budget process under State Lobbying Fees account no. 01000-1110-7013. Section 3.This resolution shall take effect on January 1, 2022. PASSED AND APPROVED by the City Council of the City of Seward,Alaska,this 27th day of September, 2021. CITY OF SEWARD, ALASKA RESOLUTION 2021-107 1.1J THE TY SEWARD, ALASKA Terry, Ma or AYES: McClure, Seese, Osenga, DeMoss, Casagranda, Terry NOES: None ABSENT: Baclaan ABSTAIN: None ATTEST: Brenda . Ball u, MMC City Clerk (City ,k OF SFtti, o • SEAL = • . F O F Pk s•' ...paean.. City Council Agenda Statement Meeting Date: September 27, 2021 - To: City Council From: Janette Bower, City Manager Agenda Item: Resolution 2021-107: Approving the Contract with Confluence Strategies for State Lobbying Services through December 31, 2024, for a total of $85,500 Annually Background and justification: The Kent Dawson Company has provided lobbyist services to the City of Seward since 1989 and has proven to be an asset to the City. The organization is changing is business name to "Confluence Strategies"as Mr. Kent Dawson is retiring. Because the name of the organization is changing, the City must enter into a new contractual agreement as opposed to agreeing to an amendment as has been the practice since the inception of the contract in 1989. In the coming years, there is an even higher value in retaining these services as the City explores infrastructure projects and outside sources of funding for those projects. The current contract with the Kent Dawson Company, Inc. employs the company as the City of Seward's state lobbyist through December 31, 2021. The compensation rate of$85,500.00 annually shall be paid monthly in the amount of $7,125.00. This agreement has an effective date of January 1, 2022 through December 31, 2024. The continuation of state lobbying services is beneficial to the city as the firm provides Seward with representation in Juneau, Alaska. The organization has done an excellent job forwarding the City's interests. The firm has been very responsive to the City's needs and concerns since the inception of the original contract in 1989. The firm has assisted the City in securing significant funding over the years from the state for valuable public infrastructure projects and in drafting beneficial legislative language. With a large federal infrastructure package likely forthcoming, there is dramatic value in continuation of this contract. Consistency checklist: Comprehensive Plan: Economic Base: The City of Seward's Comprehensive plan includes the projects which the state lobbyist has and will continue to advocate for on behalf of the City of Seward. Strategic Plan: Attract more Public Sector (Federal/State) Employment and Program Funding. Fiscal note: Annual funding in the amount of $85,500 will be appropriated through the budget process under State Lobbying Fees account no. 01000-1110-7013. Finance Department approval: ^ Attorney Review: Yes ❑✓ No ❑ Not applicable ❑ Recommendation City Council approve Resolution 2021-107. AGREEMENT AGREEMENT, made by and between the City of Seward, with offices at Seward, Alaska, hereinafter called "Seward" and Confluence Strategies, Inc. an Alaskan company with offices at 423 Seward Street, Juneau, Alaska, 99801, hereinafter called "Confluence." WHEREAS, Confluence offers substantial expertise and knowledge in socio-political and government finance matters in the State of Alaska, and WHEREAS, Seward desires to make use of Confluence's services in these areas and has offered to engage Confluence to render consultative, advisory and lobbying services to it in those fields, and WHEREAS, Confluence desires to accept such an agreement upon the terms and conditions hereinafter set forth. Now, therefore in consideration of the recitals, promises and covenants contained herein, it is agreed by and between the parties as follows: 1. Duties and Term. Seward hereby employs Confluence for consultation, legislative, and administrative lobbying activities. Confluence shall report to (contact person here) to perform best efforts to Seward in its efforts to. Seward herby employs Confluence as of Jan 1, 2022 through December 31, 2024. 2. Compensation. Seward shall pay Confluence as compensation for its services $85,500.00 each year payable in equal monthly payments of$7,125.00 due on the first of each month. 3. Termination. This Agreement may be terminated: A. for convenience by the City Council; B. By mutual consent of the parties; or C. For cause, by either party where the other party fails in any material way to perform its obligations under this Agreement. Termination under this subsection is subject to the condition that the terminating party notify the other party of its intent to terminate, stating with reasonable specificity the grounds therefor, and the other party fails to commence to cure the default within fifteen days after receiving notice and diligently work to cure the default within thirty days after receiving notice. 4. Nonassi nability. This Agreement is purely and solely with Confluence, it being understood that Seward desires to make use of its unique experience and abilities. Accordingly, Confluence shall have no right to assign, transfer, pledge or otherwise affect the Agreement, nor any interest thereunder, nor any of the monies due or to become due it by reason of the terms herein unless mutually agreed to by the parties. 5. Confidentiality. During the term of this Agreement Confluence may receive from the Seward certain private, non-public information in connection with this agreement. Confluence shall require its directors, officer, employees and representatives to (1) treat such information as confidential (2) not use any such information except for the purpose of performing the services contemplated by this Agreement and (3) not disclose to any third party such information except as may be required by law or legal process or as authorized by Seward in writing. 6. Compliance with Laws. During the term of this Agreement Confluence shall comply with and abide by all lobbying,. ethical, registration or notification requirements under Alaska law or any other applicable laws or regulations. 7. Waivers, Modifications, or Alteration. Any waiver or modification of any of the provisions of this Agreement or the termination thereof shall be in writing and signed by the parties. 8. Construction. The laws of Alaska shall govern this Agreement. 9. Independent Contractor. Neither this Agreement nor anything contained herein shall be construed to extend to Confluence the right to act as agent for Seward nor to grant to Confluence any power of agency, whether actual, or apparent, or implied. Confluence shall remain throughout the performance of this Agreement an independent contractor. 10. Availability of Funds. This Contract is subject to the availability of funds lawfully appropriated for its performance. IN WITNESS THEREOF, the parties have set their hands and seals below: CONFLUENCE STRATEGIES, INC. CITY OF SEWARD ist pher Knauss Janette Bower Managing Partner City Manager 7-0 Date Date