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R-97-10-09-10F - 10/9/1997WHEREAS, the City of Round Rock desires to retain professional lobbying services, and WHEREAS, McKinley, Smith & Seale has submitted an agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreement with McKinley, Smith & Seale, 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 an agreement with McKinley, Smith & Seale, for professional lobbying services, a copy of said agreement being attached hereto 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, and the Act. RESOLVED this 9th day of October, /1997. ATTEST: 1, 414 i &LiAI1 E LAND, Cit Secretary K:\ WPOOCS \RRSOLUTI \RS)1009P.NP0 /acg RESOLUTION NO. R- 97- 10- 09 -10F 417 CHARLES CUL MER, Mayor City of Round Rock, Texas AGREEMENT FOR PROFESSIONAL SERVICES This Agreement is made and entered into the v! day of October, 1997, by and between the City of Round Rock, Texas (hereinafter referred to as "City ") and Peggy Smith, on behalf of McKinley, Smith and Seale (hereinafter referred to as "MSS "). Article I Retention of MSS City agrees to retain MSS and MSS agrees to perform professional services in connection with the activities described below, and for having rendered such services, City agrees to pay to MSS compensation as stated below. Article II Scope of Services MSS shall render the following professional services: 2.1. Coordination, planning and completion of activities relating to transportation matters including, but not limited to, state and federal funding of major transportation projects in the Round Rock area. Current major transportation projects include SH 45, Loop 1, SH 130, and the intersection of FM 1325 and IH 35. 2.2. Preparation, coordination, and release of news releases, letters, resolutions, proposals, and other communications. 2.3. Liaison with Senators' Wentworth, Ogden, Gramm, and Hutchison, Representative Krusee, and Congressmen Smith and Paul. 2.4. Liaison with key state and federal administrative personnel. 2.5. Planning, coordination, and execution of meetings, events, press conferences, hearings, follow -up writing campaigns, etc., with legislators, agency heads, and city officials. 2.6. Monitor appropriate agency board and commission meetings. 2.7. Assist with developing the city's legislative agenda. 2.8. Hold periodic conference with City representatives. Article III Term This Agreement shall be effective upon execution by the City and MSS and shall remain in force for one year from said execution date, unless terminated earlier as provided herein. C: \WPDOCS \CITY\ROURDROC \LOBBYIST \AGABLWRR. WPD /Cw Article IV Authorization of Services In the event that MSS and /or the City anticipate that MSS shall perform more than twenty hours of service during one month, prior written authorization by the City shall be obtained. Article V Compensation 5.1. An initial retainer of Two Thousand and No /100 Dollars ($2,000.00) shall be paid at execution. Thereafter, professional services shall be charged at the rate of Seventy -Five and No /100 Dollars ($75.00) per hour, to be billed in quarter hour increments. 5.2. In addition to the above - referenced hourly rate, MSS' actual and reasonable expenses shall be reimbursed on a monthly basis. Such expenses shall include the cost of printing, copying, long- distance charges, travel, and other miscellaneous costs directly associated with the scope of services in Article II above. 5.3. Singular expenses anticipated to be in excess of Two Hundred and No /100 Dollars ($200.00) shall be pre- approved in writing by the City. 5.4. MSS shall submit a monthly statement to the City. Article VI Termination 6.1. Either party to this Agreement may terminate this Agreement by giving to the other thirty (30) days' notice in writing. Upon delivery of such notice by the City to MSS, and upon expiration of the thirty day period, MSS shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders or contracts are chargeable to this Agreement. As soon as practical after receipt of notice of termination, MSS shall submit a statement, showing in detail the services performed under this Agreement to the date of termination which remain outstanding. The City shall then pay MSS promptly any undisputed amounts. Further documentation may be requested to clarify the disputed amounts. Once an agreement has been reached regarding disputed amounts, the City shall promptly pay such remaining amounts. 2. 7.1. All notices, communication and compensation remittance under this Agreement to be mailed or delivered to MSS shall be to the following address: 7.2. All notices, communications and statements under this Agreement to be mailed or delivered to the City shall be to the following address: ATTESTATION: nne Land, Ci Printed Name: y Secretary Article VII Notices Peggy Smith McKinley Smith and Seale 1712 E. Riverside Dr., Box 138 Austin, Texas 78741 City of Round Rock 221 East Main Street Round Rock, Texas 78664 Article VIII Miscellaneous 8.1. Any provision or part of this Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and MSS, who agree that the agreement shall be reformed to replace such stricken provision or part thereof, with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Executed in duplicate originals on behalf of MSS by Peggy Smith and on behalf of the City of Round Rock by its Mayor, this the qv day of October, 1997. CITY OF SOUND ROCK, TEXAS By: By: 3. �, it/ Charles C u pe per Cha , Mayor McKINLEY SMITH AND SEALE DATE: October 3, 1997 SUBJECT: City Council Meeting - October 9,1997 ITEM: 10.F. Consider a resolution authorizing the Mayor to execute an agreement with McKinley, Smith & Seale for lobbying services. STAFF RESOURCE PERSON: Bob Bennett STAFF RECOMMENDATION: The firm of McKinley, Smith & Seale has submitted the attached agreement for lobbying services as per the Council's instructions.