R-09-05-14-9F3 - 5/14/2009RESOLUTION NO. R -09-05-14-9F3
WHEREAS, on February 8, 2007, the City of Round Rock ("City")
entered into an Interlocal Agreement Regarding Ancillary Consulting
Services for the Regional Water System ("Agreement") with the City
of Cedar Park and the City of Leander ("Parties"), and
WHEREAS, pursuant to the Agreement, the City and Parties wish
to enter into a Memorandum of Agreement to approve the terms of the
Professional Services Agreement with Staats Falkenberg & Partners,
Inc. ("Project Consultant") for the retention and compensation of
the Project Consultant, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City a Memorandum of Agreement with the City of Cedar
Park and the City of Leander, a copy of same being attached hereto
as Exhibit "A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice
of the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to
the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered
and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 14th day of May, 2009.
ALAN MCGRAW, Mayor
ATTEST: City of Round Rock, Texas
SARA L. WHITE, City Secretary
0:\WOx\SCC1nfs\0113\0905\MUNICIPAL \R90514F0 .➢OC/[me
Memorandum of Agreement
Between the Cities of Round Rock, Leander and Cedar Park, Texas
Re: Staats Falkenberg & Partners, Inc. ("Project Consultant")
Pursuant to the Interlocal Agreement Regarding Ancillary Consulting Services for Regional
Water System, this Memorandum of Agreement is to confum that the City of Round Rock, the
City of Leander, and the City of Cedar Park, through their respective City Councils, have
approved the terms of the Professional Services Agreement dated March 2009, between
the Project Consultant and the Cities of Cedar Park, Round Rock, and Leander, a copy of which
is attached hereto and made a part hereof for all purposes. On behalf of the Cities, Brenda
Eivens, Cedar Park City Manager, will execute the Professional Services Agreement confirming
the retention and compensation of the Project Consultant.
City of Round Rock
Jim Nuse, City Manager
Date:
City of Leander
Biff Johnson, City Manager
Date:
City of Cedar Park
Brenda Eivens, City Manager
Date:
EXHIBIT
PROFESSIONAL SERVICES AGREEMENT
This Agreement is entered into between Staats Falkenberg and Partners, Inc. ("Staats
Falkenberg") and the City of Cedar Park, Texas ("Cedar Park"), for the benefit of Cedar Park,
the City of Round Rock ("Round Rock"), the City of Leander ("Leander") and the Brushy Creek
Regional Authority (`BCRUA")("the Parties"), for future services and relating back to services
performed since July 1, 2007 to date of this Agreement. Staats Falkenberg agrees to provide
communications consultation and related services to Cedar Park, Round Rock and Leander in
anticipation of litigation involving the Cities' regional water project and/or the BCRUA, a
regional utility authority created by Cedar Park, Round Rock, and Leander (collectively, the
"Cities").
Staats Falkenberg has devoted and agrees to devote its best collective efforts to the
Cities' interests, as well as those interests of BCRUA, and to produce the most effective advice
and materials possible, and to do so within pre-approved budgets. In return, the Cities have
assisted and agree to assist Staats Falkenberg by providing clear and relevant information
required to accomplish its work and access to the attorneys representing the Cities and other
personnel and resources at every stage, as well as to cooperate with Staats Falkenberg in every
reasonable way possible in order to expedite its work.
The Cities represent and warrant that its representatives and attorneys have the authority
to deliver, disclose and use the information, as determined by the appropriate City Manager
and/or City Attorney, arising out of, in connection with or resulting from operational data,
performance records or other information delivered to or made available to Staats Falkenberg
pursuant to this engagement and authorize Staats Falkenberg to use the same in the performance
of this Agreement as set forth below.
Staats Falkenberg acknowledges that proprietary information and materials supplied
orally or in writing by the Cities or their representatives are and shall remain the property of the
Cities. All work product produced by Staats Falkenberg for the Cities shall become the property
of the Cities. Staats Falkenberg will maintain the confidentiality of such information and work
product and will only release such information or work product after authorization by the Cities
or their attorneys. Staats Falkenberg acknowledges that information prepared or created in
anticipation of litigation may be privileged or otherwise protected by law and that the Cities may
seek to protect such information from disclosure. Staats Falkenberg will cooperate at all times to
protect any information considered by the Cities or their attorneys to be privileged or
confidential and will not disclose same without prior written authorization. Staats Falkenberg
will direct written and electronic communications relating to litigation matters to the Cities'
attorneys unless prior written or electronic authorization is provided by the Cities' attorneys.
The Cities' respective attorneys are as follows:
Cedar Park: Charles W. Rowland charles.rowland@cedarparktx.us
Leander: Diana L. Granger attorneys(a�cityattorneytexas.com
Round Rock: Steve Sheets slsheets@,sheets-crossfield.com
Staats Falkenberg will make no commitments or statements on behalf of the Cities or
BCRUA without specific authorization in whatever form decided by the Cities' City Managers
or attorneys.
This Agreement may be terminated with or without cause by Staats Falkenberg or any
party immediately upon issuing written notice to that effect to the terminated party. The Cities
shall be responsible for all fees and expenses on work performed by Staats Falkenberg from July
1, 2007 to date of termination of this Agreement in accordance with the Ancillary Consulting
2
RESOLUTION NO. R -09-05-14-9F3
WHEREAS, on February 8, 2007, the City of Round Rock ("City")
entered into an Interlocal Agreement Regarding Ancillary Consulting
Services for the Regional Water System ("Agreement") with the City
of Cedar Park and the City of Leander ("Parties"), and
WHEREAS, pursuant to the Agreement, the City and Parties
wish
to enter into a Memorandum of Agreement to approve the terms of the
Professional Services Agreement with Staats Falkenberg & Partners,
Inc. ("Project Consultant") for the retention and compensation of
the Project Consultant, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City a Memorandum of Agreement with the City of Cedar
Park and the City of Leander, a copy of same being attached hereto
as Exhibit "A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice
of the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to
the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered
and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 14th day of May, 2009.
ri
ALAN MCGRAW, Mayor
ATTEST: City of Round Rock, Texas
SARA L. WHITE, City Secretary
0: \WOx\scants\011x\0905\MUNICIPAL \R90519P].000/[mc
Memorandum of Agreement
Between the Cities of Round Rock, Leander and Cedar Park, Texas
Re: Staats Falkenberg & Partners, Inc. ("Project Consultant")
Pursuant to the Interlocal Agreement Regarding Ancillary Consulting Services for Regional
Water System, this Memorandum of Agreement is to confirm that the City of Round Rock, the
City of Leander, and the City of Cedar Park, through their respective City Councils, have
approved the terms of the Professional Services Agreement dated March , 2009, between
the Project Consultant and the Cities of Cedar Park, Round Rock, and Leander, a copy of which
is attached hereto and made a part hereof for all purposes. On behalf of the Cities, Brenda
Eivens, Cedar Park City Manager, will execute the Professional Services Agreement confirming
the retention and compensation of the Project Consultant.
City of Round Rock
Jim Nuse, City Manager
Date:
City of Leander
Biff Johnson, City Manager
Date:
City of Cedar Park
Brenda Eivens, City Manager
Date:
EXHIBIT
PROFESSIONAL SERVICES AGREEMENT
This Agreement is entered into between Staats Falkenberg and Partners, Inc. ("Staats
Falkenberg") and the City of Cedar Park, Texas ("Cedar Park"), for the benefit of Cedar Park,
the City of Round Rock ("Round Rock"), the City of Leander ("Leander") and the Brushy Creek
Regional Authority ("BCRUA")("the Parties"), for future services and relating back to services
performed since July 1, 2007 to date of this Agreement. Staats Falkenberg agrees to provide
communications consultation and related services to Cedar Park, Round Rock and Leander in
anticipation of litigation involving the Cities' regional water project and/or the BCRUA, a
regional utility authority created by Cedar Park, Round Rock, and Leander (collectively, the
"Cities").
Staats Falkenberg has devoted and agrees to devote its best collective efforts to the
Cities' interests, as well as those interests of BCRUA, and to produce the most effective advice
and materials possible, and to do so within pre-approved budgets. In retum, the Cities have
assisted and agree to assist Staats Falkenberg by providing clear and relevant information
required to accomplish its work and access to the attorneys representing the Cities and other
personnel and resources at every stage, as well as to cooperate with Staats Falkenberg in every
reasonable way possible in order to expedite its work.
The Cities represent and warrant that its representatives and attorneys have the authority
to deliver, disclose and use the information, as determined by the appropriate City Manager
and/or City Attomey, arising out of, in connection with or resulting from operational data,
performance records or other information delivered to or made available to Staats Falkenberg
pursuant to this engagement and authorize Staats Falkenberg to use the same in the performance
of this Agreement as set forth below.
Staats Falkenberg acknowledges that proprietary information and materials supplied
orally or in writing by the Cities or their representatives are and shall remain the property of the
Cities. All work product produced by Staats Falkenberg for the Cities shall become the property
of the Cities. Staats Falkenberg will maintain the confidentiality of such information and work
product and will only release such information or work product after authorization by the Cities
or their attorneys. Staats Falkenberg acknowledges that information prepared or created in
anticipation of litigation may be privileged or otherwise protected by law and that the Cities may
seek to protect such information from disclosure. Staats Falkenberg will cooperate at all times to
protect any information considered by the Cities or their attorneys to be privileged or
confidential and will not disclose same without prior written authorization. Staats Falkenberg
will direct written and electronic communications relating to litigation matters to the Cities'
attorneys unless prior written or electronic authorization is provided by the Cities' attorneys.
The Cities' respective attorneys are as follows:
Cedar Park: Charles W. Rowland charles.rowland@n,cedarparktx.us
Leander: Diana L. Granger attomeysna,cityattomeytexas.com
Round Rock: Steve Sheets slsheetsasheets-crossfield.com
Staats Falkenberg will make no commitments or statements on behalf of the Cities or
BCRUA without specific authorization in whatever form decided by the Cities' City Managers
or attorneys.
This Agreement may be terminated with or without cause by Staats Falkenberg or any
party immediately upon issuing written notice to that effect to the terminated party. The Cities
shall be responsible for all fees and expenses on work performed by Staats Falkenberg from July
1, 2007 to date of termination of this Agreement in accordance with the Ancillary Consulting
2
Services Agreement. The total fees paid from July 2007 through February 2009 by Cedar Park
on behalf of all the Cities is $216,858.91. Based on the allocations in the Ancillary Consulting
Services Agreement, Leander owes $102,487.51 (47.26%), Round Rock $83,620.80 (38.56%)
and Cedar Park $30,750.60 (14.18%). A summary of these payments is attached as Exhibit A.
In addition, the Cities agree to assume Staats Falkenberg's liability for any and all hourly fees
and expenses incurred as a result of non -cancelable commitments made with the Cities' approval
prior to such notice. Additionally, if modifications requested by the Cities significantly alter the
scope of Staats Falkenberg's work, the Cities agree to assume liability for hourly fees and
expenses, if any, necessary to make the modifications, pursuant to City Councils unanimous
approvals.
Staats Falkenberg agrees to work within a scope that the Cities require and approve. Staats
Falkenberg acknowledges that the scope may change from time -to -time at the Cities' direction,
but Staats Falkenberg acknowledges that the following elements will be required:
1) Communications planning and strategy development related to BCRUA issues and
litigation;
2) Contacts as authorized with private individuals, public officials and community
organizations on behalf of the Cities and/or BCRUA as appropriate;
3) Preparation of information materials, correspondence and other materials and activities as
necessary to properly communicate project objectives and respond to developments in a
timely manner;
4) Service as spokesperson for the Cities and/or BCRUA as requested;
5) Participation in meetings and discussions with you and other attorneys and
representatives concerning the Cities and/or BCRUA as needed; and
3
6) Other activities as requested and authorized by the Cities.
Charges for Staats Falkenberg services and related expenses will be submitted on monthly
invoices that will be due and payable within 30 days from receipt. Professional services are
billed at Staats Falkenberg's standard hourly rates. These range from $70/hour to $300/hour
depending on the individual providing the service. Out-of-pocket and travel expenses, if any,
will be billed at cost. Monthly statements and invoices will be provided by Staats Falkenberg to
the City Managers for each City and will be accompanied by narrative reports of activities within
the month, unless requested in some other format.
Staats Falkenberg agrees to charge not more than $53,720 in the period of March 2, 2009
through August 31, 2009 for its services without prior written authorization from the Cities. It is
understood by the parties that this is the equivalent of an average of $8,953 per month, although
the parties agree that Staats Falkenberg billings are expected to be more or less than the average
amount in each month. For ease of administration, the monthly invoices will be submitted to
Cedar Park which will be responsible for payment on behalf of Round Rock, Leander and Cedar
Park.
It is agreed that this Agreement will remain in force through August 31, 2009, unless it shall
be terminated earlier.
It is further agreed that this Agreement may be extended for a period certain by mutual
written agreement of the parties.
This Agreement is effective on the last date entered hereinbelow.
4
Staats Falkenberg and Partners, Inc.
By:
Howard Falkenberg, President
Date: 312s 49
City of Cedar Park, Texas
By:
Date:
Brenda Eivens, City Manager
5
4/29/2009 2:16 PN
VENDOR SET: 01 CITY OF CEDAR PARK
BANK: CHBK1 CHASE OPERATIONS ACCOUNT
DATE RANGE: 0/00/0000 THRU 3/27/2009
VENDOR I.D.
83570
83570
1-11027
216 32-35-6173
I-11063
216 32-35-6173
2-11107
216 32-35-6173
1-11108
216 32-35-6173
83570
I-11156
216 32-35-6173
83570
I-11171.
216 32-35-6173
83570
I -1120B
216 32-35-6173
03570
I-11238
21.6 32-35-6173
8357D
1-11273
216 32-35-6173
1-11298
216 32-35-6173
I-11321
216 32-35-6173
83570
1-11345
216 32-35-6173
83570
1-11382
216 32-35-6173
1-11392
216 32-35-6173
NAME
A/P HIS'TORY CIIECI( REPORT
STARTS FALKENBERG a PARTNERS I
PROF SVC 7/07
REGIONAL WATER P11 1
PROF SVC 8/07
REGIONAL WATER PFI 1
STAATS FALKENBERG & PARTNERS 1
PROF SVC 9/07
REGIONAL WATER PN 1
CREATIVE DIRECT1014 TEBL
REGIONAL WATER PIE 1
EXHIBIT A
CHECK
STATUS DATE
R 10/12/2007
PROF SVC 7/07
R 10/12/2007
PROF SVC 8/07
R 11/16/2007
PROF SVC 9/07
R 11/16/2007
CREATIVE DIRECTION 7
STARTS FALKENBERG & PARTNERS I
PROF SVC 10/07 R 12/07/2007
REGIONAL WATER P11 1 PROF SVC 10/07
STARTS FALKENBERG 6 PARTNERS 7
PROF SVC 11/07 R 1/11/2008
REGIONAL WATER PH 1 PROF SVC 11/07
STARTS FALKENBERG & PARTNERS 1
PROF SVC 12/07
REGIONAL WATER P11 1 PROF SVC 12/07
R 2/22/2008
START'S FALKENBERG 6 PARTNERS I
PROFESSIONAL SERV 1/06 3 3/20/2000
REGIONAL WATER P11 1 PROFESSIONAL SERV 1/
STAATS FALKENBERG 6 PARTNERS I
BCRU-0000 COMMUNICATION PI.ANNI R 6/13/2006
REGIONAL WATER PH 1 DCRU-8000 C0194UNICAT
ECRU -8000 C0I94UNICATION P1214NI R 6/13/2008
REGIONAL WATER PH 1 ECRU -8000 COMMUNICAT
DCRU-8000 COMMUNICATION PLANIII R 6/13/2008
REGIONAL WATER PH 1 BCRU-8000 COIMHURICAT
STARTS FALKENBERG & PARTNERS
ECRU -8000 COM4UNICA PLUMING
REGIONAL WATER PH 1
STARTS FALKENBERG & PARTNERS
JOB ECRU -8000 COMM PLANNING
REGIONAL WATER PTI 1
JOB BCRU-8000 COMM PLANNING
REGIONAL WATER PH 1
I
R 6/26/2009
ECRU -8000 COMIUNICA
I
R 8/28/2008
JOB BCRU-6000 COMM P
R 8/28/2008
JOB OCRU-8000 002-244 P
PAGE: 1
CHECK CHECK CHECK
AMOUNT DISCOUNT NO STATUS AMOUNT
867.50
11,204.27
11,523.69
1,451.85
12,990.61
12,202.05
4,816.25
9,849.71
22,446.96
17,305.52
8,858.04
11,000.00
6,748.79
118802
118802
119722
119722
120169
120871
121812
122432
1244 GB
124468
124468
124764
126160
126160
12,151.67
12,975.54
12,890.61
12,202.05
4,816.25
9,849.71
48,610.52
11,000.00
7,057.75 13,806.54
4/28/2009 2:16 PM
VENDOR SET: 01 CITY OF CEDAR PARK
MNK: CHBH1 CHASE OPERATIONS ACCOUNT
DATE RANGE: 0/00/0000 TIIRU 3/27/2009
A/P HISTORY CHECK REPORT
EXHIBIT A
PAGE: 2
CHECK CHECK CHECK CHECK
VENDOR L0. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT
83570 STARTS FALKENBERG 6 PARTNERS I
I-11421 JOB BCRU-8000 COPRA PLANNING R 9/26/2008 126824
216 32-35-6173 REGIONAL WATER PH 1 JOB 11CR0-8000 COMM P 8,731.60
83570
STARTS FALKENBERG 4 PARTNERS 1
I-11441 JOB BCRC-0000 PROF SVC R 11/14/2008
216 32-35-6173 REGIONAL WATER PH 1 JOB BCRC-8000 PROF E
83570 STARTS FALKENBERG 6 PARTNERE I
I-11464 COMMUNICATIONS PLANNING R 11/14/2008
216 32-35-6173 REGIONAL WATER PH 1 COP94UNICATIONS PLANN
83570
STAATS FALKENBERG 6 PARTNERS I
I-11478 PROF SVC COPBIUN PLANNING R 1/16/2009
216 32-35-6173 REGIONAL WATEP. PR 1 PROF SVC CO2*IUN PLIU4
1-11498 PROF SVC COM14U1I PLANNING R 1/16/2009
216 32-35-6173 REGIONAL WATER PH 1 PROF SVC CC1414UNT PLA
83570 STAATS FALKENBERG 6 PARTNERS I
1-11512 JOB ECRU -8000 COMM PLANNING R 2/27/2009
216 32-35-6173 REGIONAL WATER PH 1 JOB ECRU -8000 COMM P
8,546.56
127850
127929
8,731.60
8,546.56
7,790.00 7,790.00
15,357.24
11,778.60
13,062.11
129120
129128
I30016
83570 STAATS FALHE110ERG 4 PARTNERS I
1-11526 BCRU-8000 COMM PLANNING R 3/27/2009 130525
216 32-35-6173 REGIONAL WATER PN 1 ECRU -8000 COMM PLANE 13,209.91
• , T OTALS * . NO CIIECIC AMOUNT DISCOUNTS TOTAL APPLIED
REGULAR CHECKS: 15 216,058.91 0.00 216,858.91
IIAND CHECKS: 0 0.00 0.00 0.00
DRAFTS: 0 0.00 0.00 0.00
EFT: 0 0.00
0.00 0.00
N014 CHECKS: 0 0.00 0.00 0.00
VOID DEBITS VOID DISCOUNTS
VOID CHECKS: 0 0.00 0.00
TOTAL ERRORS: 0
VOID CREDITS
0.00
27,135.84
13,062.11
13,289.91
4/28/2009 2:16 PM
VENDOR SET: 01 CITY OF CEDAR PARK
BANK: CHBK1 CHASE OPERATIONS ACCOUNT
DATE RANGE: 0/00/0000 THRU 3/27/2009
A/P HISTORY CHECK REPORT
EXHIBIT A
.. G/L ACCOUNT TOTALS "
G/L ACCOUNT NAME
AMOUNT
216 32-35-6I73
REGIONAL WATER PH 1 216,858.91
'•• FUND TOTAL •'• 216,858.91
VENDOR SET: 01 BANK: CHBK1 TOTAL 15 216,858.91
BANK: CHBKI TOTALS: 15 216,658.91
REPORT TOTALS: 15 216,858.91
0.00
0.00
0.00
216,858.91
216,858.91
216,858.91
PAGE: 3
DATE: May 7, 2009
SUBJECT: City Council Meeting — May 14, 2009
ITEM: 9F3. Consider a resolution authorizing the Mayor to execute a Memorandum of
Agreement with Cedar Park and Leander regarding a Professional Services
Agreement with Staats Falkenburg & Partners, Inc. regarding communications
and consultation services for the BCRUA.
Department:
Staff Person:
Justification:
Water and Wastewater Utilities
Michael Thane, P.E., Director of Utilities
The Brushy Creek Regional Utility Authority (BCRUA) currently has a contract with Staats Falkenberg and
Partners, Inc. to provide communication consultation services. These services include: communications
planning and strategy development related to BCRUA issues and litigation; contacts as authorized with
private individuals, public officials, and community organizations on behalf of the BCRUA; preparation of
information materials, correspondence, and other materials and activities as necessary to properly
communicate project objectives; participation in meetings and discussions; and service as spokesperson
to the BCRUA. This professional services agreement would extend the contract for Staats Falkenberg
with the BCRUA through August 31, 2009.
Funding:
Cost: $94,695.22 (Round Rock's total contracted amount $104,335.22)
Source of funds: Capital Project Funds (Self -Financed Utility)
Outside Resources: City of Cedar Park
City of Leander
Background Information:
The Cities of Round Rock, Cedar Park, and Leander have agreed to jointly pursue a Regional Water
System that will ultimately provide an additional 105.8 million gallons per day of potable water to meet
future water demands of the Cities based on projected population growth. All costs for public relations
services shall be shared by the Cities according to their ultimate capacity allocation percentage in the
project. Round Rock's share of these services is $104,335.22, which is 38.56% of contracted amount of
$270,578.91.
Public Comment: N/A
PY
PROFESSIONAL SERVICES AGREEMENT
This Agreement is entered into between Staats Falkenberg and Partners, Inc. ("Staats
Falkenberg") and the City of Cedar Park, Texas ("Cedar Park"), for the benefit of Cedar Park,
the City of Round Rock ("Round Rock"), the City of Leander ("Leander") and the Brushy Creek
Regional Authority ("BCRUA")("the Parties"), for future services and relating back to services
performed since July 1, 2007 to date of this Agreement. Staats Falkenberg agrees to provide
communications consultation and related services to Cedar Park, Round Rock and Leander in
anticipation of litigation involving the Cities' regional water project and/or the BCRUA, a
regional utility authority created by Cedar Park, Round Rock, and Leander (collectively, the
"Cities").
Staats Falkenberg has devoted and agrees to devote its best collective efforts to the
Cities' interests, as well as those interests of BCRUA, and to produce the most effective advice
and materials possible, and to do so within pre -approved budgets. In return, the Cities have
assisted and agree to assist Staats Falkenberg by providing clear and relevant information
required to accomplish its work and access to the attorneys representing the Cities and other
personnel and resources at every stage, as well as to cooperate with Staats Falkenberg in every
reasonable way possible in order to expedite its work.
The Cities represent and warrant that its representatives and attorneys have the authority
to deliver, disclose and use the information, as determined by the appropriate City Manager
and/or City Attorney, arising out of, in connection with or resulting from operational data,
performance records or other information delivered to or made available to Staats Falkenberg
pursuant to this engagement and authorize Staats Falkenberg to use the same in the performance
of this Agreement as set forth below.
Staats Falkenberg acknowledges that proprietary information and materials supplied
orally or in writing by the Cities or their representatives are and shall remain the property of the
Cities. All work product produced by Staats Falkenberg for the Cities shall become the property
of the Cities. Staats Falkenberg will maintain the confidentiality of such information and work
product and will only release such information or work product after authorization by the Cities
or their attorneys. Staats Falkenberg acknowledges that information prepared or created in
anticipation of litigation may be privileged or otherwise protected by law and that the Cities may
seek to protect such information from disclosure. Staats Falkenberg will cooperate at all times to
protect any information considered by the Cities or their attorneys to be privileged or
confidential and will not disclose same without prior written authorization. Staats Falkenberg
will direct written and electronic communications relating to litigation matters to the Cities'
attorneys unless prior written or electronic authorization is provided by the Cities' attorneys.
The Cities' respective attorneys are as follows:
Cedar Park: Charles W. Rowland charles.rowland@cedarparktx.us
Leander: Diana L. Granger attorneys(cicityattomeytexas.com
Round Rock: Steve Sheets slsheets@sheets-crossfield.com
Staats Falkenberg will make no commitments or statements on behalf of the Cities or
BCRUA without specific authorization in whatever form decided by the Cities' City Managers
or attorneys.
This Agreement may be terminated with or without cause by Staats Falkenberg or any
party immediately upon issuing written notice to that effect to the terminated party. The Cities
shall be responsible for all fees and expenses on work performed by Staats Falkenberg from July
1, 2007 to date of termination of this Agreement in accordance with the Ancillary Consulting
2
Services Agreement. The total fees paid from July 2007 through February 2009 by Cedar Park
on behalf of all the Cities is $216,858.91. Based on the allocations in the Ancillary Consulting
Services Agreement, Leander owes $102,487.51 (47.26%), Round Rock $83,620.80 (38.56%)
and Cedar Park $30,750.60 (14.18%). A summary of these payments is attached as Exhibit A.
In addition, the Cities agree to assume Staats Falkenberg's liability for any and all hourly fees
and expenses incurred as a result of non-cancelable commitments made with the Cities' approval
prior to such notice. Additionally, if modifications requested by the Cities significantly alter the
scope of Staats Falkenberg's work, the Cities agree to assume liability for hourly fees and
expenses, if any, necessary to make the modifications, pursuant to City Councils unanimous
approvals.
Staats Falkenberg agrees to work within a scope that the Cities require and approve. Staats
Falkenberg acknowledges that the scope may change from time-to-time at the Cities' direction,
but Staats Falkenberg acknowledges that the following elements will be required:
1) Communications planning and strategy development related to BCRUA issues and
litigation;
2) Contacts as authorized with private individuals, public officials and community
organizations on behalf of the Cities and/or BCRUA as appropriate;
3) Preparation of information materials, correspondence and other materials and activities as
necessary to properly communicate project objectives and respond to developments in a
timely manner;
4) Service as spokesperson for the Cities and/or BCRUA as requested;
5) Participation in meetings and discussions with you and other attorneys and
representatives concerning the Cities and/or BCRUA as needed; and
3
6) Other activities as requested and authorized by the Cities.
Charges for Staats Falkenberg services and related expenses will be submitted on monthly
invoices that will be due and payable within 30 days from receipt. Professional services are
billed at Staats Falkenberg's standard hourly rates. These range from $70/hour to $300/hour
depending on the individual providing the service. Out-of-pocket and travel expenses, if any,
will be billed at cost. Monthly statements and invoices will be provided by Staats Falkenberg to
the City Managers for each City and will be accompanied by narrative reports of activities within
the month, unless requested in some other format.
Staats Falkenberg agrees to charge not more than $53,720 in the period of March 2, 2009
through August 31, 2009 for its services without prior written authorization from the Cities. It is
understood by the parties that this is the equivalent of an average of $8,953 per month, although
the parties agree that Staats Falkenberg billings are expected to be more or less than the average
amount in each month. For ease of administration, the monthly invoices will be submitted to
Cedar Park which will be responsible for payment on behalf of Round Rock, Leander and Cedar
Park.
It is agreed that this Agreement will remain in force through August 31, 2009, unless it shall
be terminated earlier.
It is further agreed that this Agreement may be extended for a period certain by mutual
written agreement of the parties.
This Agreement is effective on the last date entered hereinbelow.
4
Staats Falkenberg and Partners, Iric.
By:
Howard Falkenberg, President
Date: 3 As4q
City of Cedar Park, Texas
By:
Brenda Eivens, City Manager
Date:
5
Memorandum of Agreement
Between the Cities of Round Rock, Leander and Cedar Park, Texas
Re: Staats Falkenberg & Partners, Inc. ("Project Consultant")
Pursuant to the Interlocal Agreement Regarding Ancillary Consulting Services for Regional
Water System, this Memorandum of Agreement is to confirm that the City of Round Rock, the
City of Leander, and the City of Cedar Park, through their respective City Councils, have
approved the terms of the Professional Services Agreement dated March 2009, between
the Project Consultant and the Cities of Cedar Park, Round Rock, and Leander, a copy of which
is attached hereto and made a part hereof for all purposes. On behalf of the Cities, Brenda
Eivens, Cedar Park City Manager, will execute the Professional Services Agreement confirming
the retention and compensation of the Project Consultant.
City of Round Rock
)11
3rm#as , ei-ty-Mtuterger PdHti Mc -44W, ► 1
Date: 9. It' 0°1
City of Leander
Biff Johnson, City Manager
Date:
City of Cedar Park
Brenda Eivens, City Manager
Date:
4/20/2009 2:16 PM A/P HISTORY CHECK REPORT
VENDOR SET: 01 CITY OF CEDAR PARR
BANK: CHBKI CHASE OPERATIONS ACCOUNT
DATE RANGE: 0/00/0000 THRU 3/27/2009
VENDOR I.D.
83570
83570
1-11027
216 32-35-6173
1-1106?
216 32-35-6173
2-11107
216 32-35-6173
1-11108
216 32-35-6173
83570
I-11156
216 32-35-6173
83570
1-11171
216 32-35-6173
63570
1-11208
216 32-35-6173
03570
1-11238
216 32-35-6173
03570
1-11273
216 32-35-6173
1-11298
216 32-35-6173
1-11321
216 32-35-6173
83570
[-11345
216 32-35-6173
83570
1-11382
216 32-35-6173
I-11392
216 32-35-6173
NAME
STAATS FALKENBERG 6 PARTNERS I
PROF SVC 7/07
REGIONAL WATER PH 1
PROF SVC 8/07
REGIONAL WATER PB I
STAATS FALKENBERG 6 PARTNERS I
PROF SVC 9/07
REGIONAL WATER PH 1
CREATIVE DIRECTION T:'DL
REGIONAL WATER P11 1
EXHIBIT A
CHECK
STATUS DATE
R 10/22/2007
PROF SVC 7/07
R 10/12/2007
PROF SVC 8/07
R 11/16/2007
PROF SVC 9/07
R 11/16/2007
CREATIVE DIRECTION T
STARTS FALKENBERG 6 PARTNERS 1
PROF SVC 10/07 R 13/07/2007
REGIONAL WATER PE 1 PROF SVC 10/07
STARTS FALKENBERG 6 PARTNERS I
PROF SVC 11/07 R 1/11/2008
REGIONAL WATER PH 1 PROF SVC 11/07
STAATS FALKENBERG 6 PARTNERS 1
2ROF SVC 12/07 R 2/22/2006
REGIONAL WATER PH 1 PROF SVC 12/07
STAATS FALKEIJDERG d PARTNERS I
PROFESSIOIIAL SERV 1/08 3 3/20/2008
REGIONAL WATER PH 1 PROFESSIONAL SERV 1/
STARTS FALKENBERG 6 PARTNERS 1
BCRU-0000 C0MMUINICATION PLANNI R 6/13/2000
REGIONAL WATER PH 1
BCRU-8000 COMMUNICATION
REGIONAL WATER PH 1
DCRU-0000 COMMUNICATION
REGIONAL WATER PH 1
OCRU-9000 CC441UNICAT
PLANNI R 6/13/2008
BCRU-8000 COI*JUNICAT
?LANINI R 6/13/2000
BCRU-0000 CO114UNICAT
STAATS FALKENBERG 6 PARTNERS I
BCRU-0000 C014NUNICA PLANNING R 6/26/2008
REGIONAL WATER PN 1 BCRU-5000 CO MUNICA
STAATS FALKENBERG 6 PARTNERS I
JOB BCRU-6000 COMM PLANNING
REGIONAL WATER PH 1
JOB BCRU-8000 COMM PLANIIING
REGIONAL WATER PH 1
R 8/20/2008
JO3 OCRU-8000 C06161 P
R 0/28/2009
JOB OCRU-9000 COMM P
PAGE: 1
CHECK CHECK CHECK
AMOUNT DISCOUNT NO STATUS AI40UNT
867.50
11,204.17
11,523.69
1,451.85
12, 890.61
12,202.05
4,616.25
9,849.71
22,446.96
17,305.52
8,858.04
11,000.00
6,748.79
118802
118802
119722
119722
120169
120871
121812
122432
124468
124468
124469
124764
126160
126160
12,151.67
12,975.54
12,890.61
12,202.05
4,816.25
9.049.71
48,610.52
11,000.00
7,057.75 13,806.54
4/20/2009 2:16 FM
VENDOR SET: 01 CITY OF CEDAR PARK
BANK: CKBH1 CHASE OPERATIONS ACCOUNT
CATE RANGE: 0/00/0000 THRU 3/27/2009
A/F HISTORY CHECK REPORT
EXHIBIT A
PAGE: 2
CHECK CHECK CHECK CHECK
VENDOR 1.0. NAME STATUS DATE A140UNT DISCOUNT NO STATUS PHOUNT
83570
STPATS FALKENBERG 5 PARTNERS 1
1-11421 JOB BCRU-8000 C0324 PLANNING R 9/26/2008
216 32-35-6173 REGIONAL WATER PH 1 JOB BCRU-8000 COMM P 8,731.60
83570 STARTS FALKENOERG 6 PARTNERS I
1-13441 JOB BCRC-8000 PROF SVC A 11/14/2008
216 32-35-6173 REGIONAL WATER P11 1 JOB BCRC-8000 PROF S
83570
83570
83570
1-11464
2216 32-35-6173
STARTS FALKENBERG 5 PARTNERS I
C0101UNICATIONS PLANNIING R 11/14/2008
REGIOINAL WATER PH 1 C0404UNICATIONS PIJUlN
STARTS FALKENDERG 5 PARTNERS I
1-11470 PROF SVC 004/4184 PLANNING R 1/16/2009
216 32-35-6173 REGIONAL WATEP. P11 I PROF SVC CO6140E PLAN
1-11498 PROF SVC C0l94N4] PANNING R 1/16/2009
216 32-35-6173 REGIONAL WATER PH 1 PROF SVC COI84UNI PLA
8,546.56
7,790.00
15,357.24
11,778.60
126824
127850
127929
129128
129128
STARTS FALKENBERG 5 PARTNERS I
1-11572 308 BCRU-8000 CDMA PLANNING 8 2/27/2009 130016
216 32-35-6173 REGIONAL WATER PH 1 JOB BCRU-8000 COMM P 13,062.11
83510 STARTS FALKENBERG 5 PARTNERS I
1-11526 BCRU-8000 COMM PLVINING R 3/27/2009
216 32-35-6173 REGIONAL WATER PH 1 BCRU-0000 COMM PLANK 13,209.91
130525
' • TOTALS '' NO CHECK NI001IT
DISCOUNTS TOTAL APPLIED
REGULAR CHECKS: 15 216,858.91 0.00 216,859.91
(LAND CHECKS: 0 0.00 0.00 0.00
DRAFTS: 0 0.00 0.00 0.00
EFT: 0 0.00
0.00 0.00
NON CHECKS: 0 0.00 0.00 0.00
VOID DEBITS VO10 DISCOUNTS
VO10 CHECKS: 0 0.00 0.00
TOTAL ERRORS: 0
VOID CREDITS
0.00
8,731.60
8,546.56
7,790.00
27,135.84
13,062.11
13,289.91
4/28/2009 2:16 PM
VENDOR SET: 01 CITY OF CEDAR PARK
DANK: CHOKI CHASE OPERATIONS ACCOUNT
DATE RANGE: 0/00/0000 THRU 3/27/2009
G/L ACCOUNT
A/P HISTORY CHECK REPORT
EXHIBIT A
-' G/L ACCOUNT TOTALS .'
NAME AMOUNT
216 32-35-6173 REGIONAL WATER PM 1 216,858.91
." FUND TOTAL -•' 216,858.91
VENDOR SET: 01 DP11K: CHBK1 TOTAL 15 216,858.91 0.00
DANK: CHOK1 TOTALS: 15 216,858.91 0.00
REPORT TOTALS: 15 218,858.91 0.00
2216,858.9]
216,858.91
216,858.91
PAGE, 3