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R2005-0102 06-13-05 RESOLUTION NO. R2005-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN AGREEMENT WITH MEYERS AND ASSOCIATES ASSOCIATED WITH THE PERFORMANCE OF LOBBYING SERVICES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract by and between the City of Pearland and Meyers and Associates, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a contract with Meyers and Associates, for the performance of lobbying services. PASSED, APPROVED and ADOPTED this the 13th day of June , A.D., 2005. ATTEST: Jq'Y S~TARY /_./ APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR M EYERS & A SSOC IATES Capitol Hill Office Building 412 First Street, S.E., Suite One, Lobby Level Washington, D.C. 20003 Phone (202) 484-2773 · Fax (202) 484-0770 www. meyersandassociates.com OVERVIEW Meyers & Associates is a Washington-based government relations/business- consulting firm that assists trade associations, individuals, companies, and universities in their business with the federal government. Meyers & Associates has built a solid foundation on a strong political network throughout the federal agencies and Congress. The service provided by Meyers & Associates is based on the fact that the process of dealing with the federal government is becoming increasingly more complex. Both the bureaucracy and members of Congress need information and expertise. Clients need an understanding of the Washington process, the information and business contacts that Washington can provide, and a strategy for working with the government. Meyers & Associates helps to answer these needs by building on its years of experience with a very sincere goal of making the process work. Beyond the effort of helping answer the needs of both government and client, is the necessity to perform that service with a keen eye on today's ethical requirements. Meyers & Associates is in full compliance with federal reporting requirements for lobby firms and political action committees. In addition, Meyers & Associates keeps abreast of any changes in reporting requirements by utilizing the services of outside legal counsel to periodically review all activities from a standpoint of ethical conduct. The rule at Meyers & Associates is not only compliance with the letter of the law, but also a higher standard of the public appearance of our activities. Meyers & Associates seeks a long-term relationship with both its clients and its contacts in Washington. EXPERIENCE In its twenty years of Washington experience as a firm, Meyers & Associates has: · Coordinated the lobbying effort for a coalition of national Fortune 500 companies in order to successfully defeat a major legislative effort targeted to weaken intellectual property rights for the affected industry; · Coordinated the lobbying effort that resulted in a client being named the recipient of a $40 million Rural Enterprise Zone designation; · Developed and implemented successful legislation creating the George Bush School of Government and Public Service Fellowship Program; · Successfully participated as a key part of the efforts that prevented the closure of military bases in Texas and Mississippi during the base closure action of 1993; · Initiated and led a 13-month negotiated rule-making procedure at the Food and Drug Administration resulting in industry self-regulation to the satisfaction of both the FDA and the affected industry; · Successfully obtained the necessary federal government funding of $40 million for building facilities located at major universities; · Coordinated the legislative effort resulting in over $43 n-fillion in research funding for fiscal year 2000 for our university clients; · Designed, developed and managed political action committees (PAC's) that totaled more than $200,000.00 in contributions to candidates; · Designed and led the lobby effort for successful legislation resulting in funding for major new water supplies for two cities; and · Repeatedly led clients in the development and passage of federal legislation. PHILOSOPHY To be successful in capitalizing on the opportunities and to meet the challenges presented in Washington, it is advantageous to have Washington representation that can combine experience and national contacts. Meyers & Associates has established relationships in both political parties. A sound working relationship with both Republicans and Democrats is important to be effective in Washington. The Republicans now control the White House and federal agencies yet, many issues can only be resolved by bringing all of these branches of government together through an intermediary such as Meyers & Associates. We carry our client's message to the relevant government officials and members of Congress. Additionally, Meyers & Associates provides the strategy and manpower that are important in getting our client's message across. The philosophy of our firm is one of a partnership with the client. We want to work with our clients, providing them with the desired degree of visibility in Washington, while providing the experience and strategic planning. It is part of our philosophy that we must be prepared to predict and affect Washington activities as well as report what has taken place. Ti-IE The individuals that you would be working with are important to your success in Washington. In addition to those listed, the firm includes other affiliated professionals whose knowledge and expertise lay in the areas of telecommunications, energy, solid waste management, trade, tax, labor and environmental issues. Larry D. Meyers, Senior Partner Larry has more than 32 years of experience since coming to Washington with Senator Lloyd Bentsen (D-TX), former Secretary of the U.S. Treasury, and former Chairman of the Senate Finance Committee. After four years with the Senator, serving as Legislative Director, he received an appointment in the Carter Administration being named Deputy Director for Congressional Affairs - U.S. Department of Agriculture, responsible for both USDA and White House lobbying activities. He began independent consulting in 1981, and in 1989 was named by Beacham's Guide to Key Lobbyists as one of the top 125 lobbyists out of the several thousand in Washington. Richard (Rick) L. Meyers, Partner Rick joined the firm in 1987 and has more than seventeen years of legislative and regulatory experience. He has worked extensively with the U.S. Congress, the Food and Drug Administration, Department of Transportation, Environmental Protection Agency and the Department of Energy. He has also worked closely with the officials at the U.S. Army Natick Research, Development and Engineering Center. His activities on behalf of clients include university research, city infrastructure funding, telecommunications, agriculture, transportation, US border/ customs issues, historic preservation, bioterrorism, and aviation issues. He received a Bachelor of Arts degree in Marketing from Texas Tech University. Francis (Fran) James Boyd, Jr., Senior Vice President Fran joined the firm in 1990 after serving as Director of Congressional and Public Affairs for the Farm Credit Administration, an independent federal financial regulatory agency. Prior to that appointment he was the Deputy Director of Congressional Affairs for six years during the Reagan Administration at the U.S. Department of Agriculture. He brings to the firm more than 20 years of Washington experience having worked extensively with Congress and at the highest levels of the Executive branch of government. Gary has more than 2~ years experience working with legislative bodies, including the United States Congress and Texas Legislature. Formerly, he was the Administrative Assistant and Legislative Director to U.S. Senator Lloyd Bentsen. Gary has been active for 13 years in regional economic development efforts for South Texas, including long term water supply planning, Base Closure, and Realignment Commission proceedings. Gary graduated from The University of Texas at Austin with a B.A. in Economics, and a Doctor of Jurisprudence from the University of Texas Law School. After serving with the 1 st Marine Division in Vietnam, Gary was honorably discharged from the United States Marine Corps at the rank of Captain. Shelley Wilson Dodd, Senior Associate Shelley joined the firm in 1988 after serving as a supervisor/instructor at an international preparatory school in Salzburg, Austria. She received a Bachelor of Science in Psychology from Texas A&M University. She is responsible for the firm's higher education activities and has worked extensively with the U.S. Congress, National Science Foundation, Department of Energy, and the Department of Education. Lowell Randel, J.D. Senior Associate Lowell joined the firm in 2000. Prior to joining the firm Lowell was Assistant Director of Legislative Affairs for AESOP Enterprises, Ltd., where he was responsible for federal policy issues impacting the nation's Land Grant Universities. Lowell spent six months as a visiting professor at the Universidad Autonoma de Guadalajara in Guadalajara, Mexico, where he taught a course on international trade and gave several seminars on agricultural policy. While in Mexico, Lowell gained proficiency in Spanish. Lowell also worked for the Texas Department of Agriculture as the coordinator for Trade and Federal Issues where he interacted with Congress and federal agencies regarding agricultural policy and trade. Lowell holds both a graduate and undergraduate degree from Texas A&M University and a law degree from George Mason University. He is responsible for the firm's higher education activities. Jennifer G. Shepard, Associate Prior to relocating to the Washington, D.C. area, Jennifer served as the program manager and executive for the leading business advocacy organization in Houston, Texas. Jennifer was responsible for managing the multiple aspects of the organization's air quality program as required by the federal Clean Air Act. She worked extensively with local, state, and federal elected officials as well as state and federal regulatory agencies. Jennifer was also instrumental in the creation and ongoing management of a statewide public/private sector coalition to advance the development of a major national infrastructure project. She was heavily involved in the development of federal legislation to facilitate the project's development. Jennifer has a Bachelor of Arts degree from the College of William and Mary and a Consulting Associate degree from Main Event Management, Inc. Irina Kolontay, Associate Irina joined the firm in 2002. Prior to joining the firm, she served as an e]ectronic banking representative for an online banking company in Northern Virginia. Irina is originally from Belarus, a former Soviet Republic, and is fluent in both Russian and Belarusian. She received a B.S. in Computer Science with emphasis in Business from West Texas A&M University. Irina is the assistant to the Senior Associate working on behalf of the firm's higher education activities. Stoney Burke, Associate Stoney joined the firm in 2003. Prior to joining the firm, he worked for the International Agriculture Programs Office at Texas A&M University. While there, he worked with USAID and USDA on food aid programs. He received a B.A. in International Studies from Texas A&M. He also studied Spanish at the Universidad de Salamanca in Salamanca, Spain. Stoney's activities on behalf of the firm's higher education clients include working with federal agencies to increase research and development activities. Kendall Byrum, Assistant Kendall joined the firm in 2003. She recently graduated from Meredith College in Raleigh, North Carolina with a B.A. in political science. She is originally from Greenville, North Carolina. Most recently, Kendall was an intern for the North Carolina General Assembly. She worked directly with the Republican House Leader. She also spent a semester at American University and interned for U.S. Representative Richard Burr. Jamie Pilgrim, Assistant Jamie joined the firm in 2005. She is a recent graduate from Texas A&M University in College Station, TX with a B.S. in Political Science. She is originally from Tyler, TX. After graduation in August of 2004, she moved to Washington D.C to intern for Representative Ralph Hall of Texas where she worked on an array tasks that include research, constituent services, speech writing, Capitol tours, and attending hearings of interest. OUTSIDE ASSOCIATES Also actively associated with Meyers & Associates are: Dallas R. Smith, Senior Associate Dallas is a former Senior Executive Service (SES) Manager with the Department of Agriculture where he held the position of Deputy Under Secretary for Farm and Foreign Agricultural Services for more than five years. In addition, he served eight months as the acting Under Secretary during a critical time in U.S. and foreign agricultural policy development. The three agencies under his oversight (FSA, RMA, FAS) had nearly twenty thousand employees with a discretionary budget of over $1.0 billion and a program budget authority of nearly $75 billion. During his 33 years with the federal government he gained extensive experience in domestic agricultural policy development and implementation, international trade, risk management (crop insurance), agricultural credit, government operations and change management. He has served as an advisor to the White House and represented U.S. Agriculture with foreign heads of state, with a particular focus on trade and investment initiatives with emerging democracies in Africa. Brigadier General Graham E. Shirley (retired), Senior Advisor General Shirley has worked with the firm for eight years in the area of base closure and military affairs. General Shirley retired as Vice Commander of the Air Force Intelligence (Texas) where he managed an annual budget of more than $900 million and assets of $4.3 billion. Prior to this service, he was Director of Regional Plans (Washington) for the Air Force overseas operations. He managed more than 6,000 personnel and was directly involved in foreign military sales and negotiations with foreign governments. A graduate of the Air Force Academy (top 10%), General Shirley is from West Point, Mississippi. Tom Lippo, J.D., International Associate Tom has more than 20 years of experience in Washington as an attorney and business owner. He is the founder of Finnish-American Corporate Team (FACT) and has his principal offices in Helsinki, Finland. Tom is a graduate of Yale University. Tom advises clients of Meyers & Associates on international trade and telecommunication issues. OUTSIDE ASSOCIATES Also actively associated with Meyers & Associates are: Dallas R. Smith, Senior Associate Dallas is a former Senior Executive Service (SES) Manager with the Department of Agriculture where he held the position of Deputy Under Secretary for Farm and Foreign Agricultural Services for more than five years. In addition, he served eight months as the acting Under Secretary during a critical time in U.S. and foreign agricultural policy development. The three agencies under his oversight (FSA, RMA, FAS) had nearly twenty thousand employees with a discretionary budget of over $1.0 billion and a program budget authority of nearly $75 billion. During his 33 years with the federal government he gained extensive experience in domestic agricultural policy development and implementation, international trade, risk management (crop insurance), agricultural credit, government operations and change management. He has served as an advisor to the White House and represented U.S. Agriculture with foreign heads of state, with a particular focus on trade and investment initiatives with emerging democracies in Africa. Brigadier General Graham E. Shirley (retired), Senior Advisor General Shirley has worked with the firm for eight years in the area of base closure and military affairs. General Shirley retired as Vice Commander of the Air Force Intelligence (Texas) where he managed an annual budget of more than $900 million and assets of $4.3 billion. Prior to this service, he was Director of Regional Plans (Washington) for the Air Force overseas operations. He managed more than 6,000 personnel and was directly involved in foreign military sales and negotiations with foreign governments. A graduate of the Air Force Academy (top 10%), General Shirley is from West Point, Mississippi. Tom Lippo, J.D., International Associate Tom has more than 20 years of experience in Washington as an attorney and business owner. He is the founder of Finnish-American Corporate Team (FACT) and has his principal offices in Helsinki, Finland. Tom is a graduate of Yale University. Tom advises clients of Meyers & Associates on international trade and telecommunication issues. Darrin M. Coker City Attorney Telephone (281) 652-1678 Telecopier (281) 652-1679 Jenifer K. Smith Legal Secretary Telephone (281) 652-1664 Telecopier (281) 652-1679 Resolution R2005-102 Nghiem V. Doan Deputy City Attorney Telephone (281) 652-1 665 Telecopier (281) 652-1679 Lawrence G. Provins Assistant City Attorney Telephone (281) 652-1 666 Telecopier (281) 652-1 679 June 2,2005 Meyers and Associates Captiol Hill Office Building 412 First Street, S.E., Suite One Washington, D.C. 20003 RE: Engagement of Meyers and Associates to Perform Certain Lobbying Services Gentlemen: We are pleased to submit to you a proposed agreement (this "Agreement") for Meyers & Associates LLP ("Meyers") Washington, D.C., to provide certain lobbying services for the City of Pearland ("City"). When approved by you this letter will become effective and will evidence an agreement between Meyers and the City concerning certain Lobbying services performed by Meyers for the City. Meyers proposes to perform certain Lobbying Services ("Services") for the City. Meyers will perform such Services only when specifically requested to do so by an authorized representative of the City. The Services contemplated by this Agreement may include, but are not limited to, representing the City's interests to legislators, members of their staff and federal agencies. The fee for the Services performed by Meyers is based on a monthly rate of eight thousand dollars ($8,000). Meyers will also be reimbursed for its reasonable and actual out-of- pocket expenses, such as the cost of reproduction of documents, out-of-town travel, long- distance telephone, telegraph, telex and similar expenses, deliveries, and all items paid for by Meyers on behalf of the City and incurred in connection with the performance of all services hereunder, provided that invoices for Services will be prepared and submitted monthly and be paid within 30 days after receipt. Nothing herein shall be construed as creating any personal liability on the part of any officer of the City, and this Agreement may be terminated by the City at any time by giving written notice to Meyers provided that all fees and expenses owing to Meyers will be paid as of the effective date of any such termination. If this proposed Agreement for the performance of Services by Meyers is satisfactory, please evidence your acceptance and approval by executing two (2) copies in the space provided 3519 LIBERTY DRIVE · PEARLAND, TEXAS 77581-5416-19 ° 281-652-1600 · www.ci.pearland.tx.us Printed on Recycled Paper ~ below and returning one copy to us. Very truly yours, City of Pearland By: APPROVED: MEYER AND ASSOCIATES Name: Title: ATTEST: Meyers & Associates 412 First Street, SE Suite One Washington, D.C. 20003 2O2 484 2773 Www. meyersandassociates.com April 21, 2005 Mr. William Eisen City Manager City of Pearland 3519 Liberty Drive Pearland, TX 77581 Dear Bill: Thank you for your consideration of Meyers & Associates for Washington representation. We would welcome the opportunity to work closely with you. We want to represent the City of Pearland in Washington. When considering Washington representation, with Meyers & Associates you gain: stability - we have been in business in the same location since 1981, half of our clients have been with us over ten years and four of our twelve employees have been with the company for over 15 years; a strategic location - we are located on Capitol Hill, just two blocks from the U.S. Capitol; expertise -we have represented clients for Corps of Engineers project authorizations for over ten years resulting in successful passage of authorization bills (we have had similar experience with the Bureau of Reclamation); experience - we represent six cities in two states; cooperation - we recommend a team-work strategy working with you and your congress!onal representative, fully keeping your organization involved in the strategy development and day to day activities; competitive pricing - we will work with you to under-price the competition and stay within your budget. Mr. Eisen, page 2 From preliminary investigation, I would anticipate we could engage this project for $8,000 a month, plus expenses to be capped at $750 a month, excluding airfare. We bill on a flat fee basis on the first of the month, and will agree to a maximum total annual fee to protect your budget. More information about Meyers & Associates is available at www.meyersandassociates, com. If there are further questions, please do not hesitate to call. I look forward to seeing you on Monday at noon. Sincerely, Larry D. Meyers President Meyers & Associates Cell phone number: 202 255 4365 �y y �F9 o Re Darrin M. Coker ` 2 Nghiem V. Doan City Attorney Li �_� 4 "'��"' Deputy City Attorney Telephone (281) 652-1678 Telephone (281) 652-1665 Telecopier(281) 652-1679 PEARLX—AND Telecopier (281) 652-1679tT I A S ' I Jenifer K. Smith ----- Lawrence G. Provins Legal Secretary FS T, i 8 9 Assistant City Attorney Telephone (281) 652-1664 Telephone (281) 652-1666 Telecopier(281) 652-1679 Telecopier(281) 652-1679 June 2, 2005 Meyers and Associates Captiol Hill Office Building 412 First Street, S.E., Suite One Washington, D.C. 20003 RE: Engagement of Meyers and Associates to Perform Certain Lobbying Services Gentlemen: We are pleased to submit to you a proposed agreement (this "Agreement") for Meyers & Associates LLP ("Meyers") Washington, D.C., to provide certain lobbying services for the City of Pearland ("City"). When approved by you this letter will become effective and will evidence an agreement between Meyers and the City concerning certain Lobbying services performed by Meyers for the City. Meyers proposes to perform certain Lobbying Services ("Services") for the City. Meyers will perform such Services only when specifically requested to do so by an authorized representative of the City. The Services contemplated by this Agreement may include, but are not limited to, representing the City's interests to legislators, members of their staff and federal agencies. The fee for the Services performed by Meyers is based on a monthly rate of eight thousand dollars ($8,000). Meyers will also be reimbursed for its reasonable and actual out-of- pocket expenses, such as the cost of reproduction of documents, out-of-town travel, long- distance telephone, telegraph, telex and similar expenses, deliveries, and all items paid for by Meyers on behalf of the City and incurred in connection with the performance of all services hereunder, provided that invoices for Services will be prepared and submitted monthly and be paid within 30 days after receipt. Nothing herein shall be construed as creating any personal liability on the part of any officer of the City, and this Agreement may be terminated by the City at any time by giving written notice to Meyers provided that all fees and expenses owing to Meyers will be paid as of the effective date of any such termination. If this proposed Agreement for the performance of Services by Meyers is satisfactory, please evidence your acceptance and approval by executing two (2) copies in the space provided 3519 LIBERTY DRIVE •PEARLAND,TEXAS 77581-5416 •281-652-1600 •www.ci.pearland.tx.us or)Printed on Recycled Paper Meyers indicates that his firm typically works without a contract and understand that their clients can replace them or terminate their services at any time. However, we have drafted a brief, general agreement that specifies compensation ($8,000/month) and the right of either party to terminate at any time. Mr. Meyers will be at the June 13 workshop to make a brief presentation and to answer questions. below and returning one copy to us. Very truly yours, City of Pearland By: APPROVED: MEYER AND ASSOCIATES By: Name: Title: ATTEST: Secretary