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
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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.