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R-98-04-23-10D1 - 4/23/1998an agreement for architectural services ( "Agreement ") with Hoover & Associates, Inc. for the Public Works building expansion, and WHEREAS, both parties to the Agreement now wish to terminate said Agreement, Now Therefore TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Termination of Architect Services Between the City of Round Rock and Hoover & Associates, Inc., a copy of said agreement being attached hereto as an exhibit. 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 day of 23rd day of , . a ril, 1998. ATTEST: WHEREAS, the City of Round Rock has previously entered into BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, R:\ WPDO \RRS OLDTI \R80923DI.WPD /S LAND, City Secretary RESOLUTION NO. R- 98- 04- 23 -10D1 oea,noC -- CHARLES C •E ".R, Mayor City of Round Rock, Texas AGREEMENT FOR TERMINATION OF ARCHITECT SERVICES AGREEMENT BETWEEN THE CITY OF ROUND ROCK AND HOOVER & ASSOCIATES, INC. THE STATE OF TEXAS COUNTY OF WILLIAMSON THIS Agreement For Termination of Architect Services Agreement between the City of Round Rock and Hoover & Associates, Inc., ( "Agreement ") is made and entered into by and between the City of Round Rock, a Texas home rule municipal corporation ( "City "), and Hoover & Associates, Inc.,( "the Architect "). WHEREAS, On November 7, 1996, the City and Architect entered into an agreement ( "the 1996 Agreement ") setting forth terms and conditions for architectural services in connection with the addition and alterations to the City's Public Works Building; and WHEREAS, the City and Architect mutually desire and agree to the termination of said 1996 Agreement; NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and undertakings set forth below, City and the Architect agree as follows: 1. Termination of Agreement. The 1996 Agreement for architect services between the City of Round Rock and Hoover & Associates, Inc., is hereby terminated, effective from and after the latest date of due execution hereof by the authorized representatives of City and the Architect. 2. Compensation. Architect hereby acknowledges and declares that Architect has received full and complete compensation for all services rendered under said 1996 Agreement. 3. Severability. If any section of this Agreement is declared invalid for any reason, the invalidity of that section shall not affect the validity of any other section of this Agreement, and all other sections shall remain in full force and effect. 4. No Modification of Other Agreements. Except as expressly set forth herein, this Agreement shall not be construed to breach, modify, supplement or otherwise alter the provisions of any other agreement entered into by and between City and the Architect or any agreement between any of said parties and third person(s). C:\ TEXT\CITY\NWHDROL \TE,4A01T.51FU /kart 6. Other Instruments, Actions. The parties hereto agree that they will take such other and further actions and execute and deliver such other and further consents, authorizations, instruments or documents as are necessary or incidental to effectuate the purposes of this Agreement. 7. Venue. Venue for any suit arising hereunder shall be in Williamson County. 5. Applicable Law. This Agreement shall be construed under and in accordance with the laws of the State of Texas. IN WITNESS WHEREOF, the authorized representatives of the parties have executed this Agreement for Termination of the Architect Services Agreement between the City of Round Rock and Hoover & Associates, Inc., on the date(s) set forth below. ATTEST: By: 1 J t nne Land C. y Secretary APPROVED AS TO FORM: Stephan L. Sheets, City Attorney ATTEST: B Y : c /x�/�Cam. ' 7 ' . L ,Secretary ELI7AEETH L. NEAL Publie, State of Texas i IMF Ccre�W:io EVAN a 13,2001 FO "J 'Pa[�9'�Jai9c + CITY OF RO ROCK: Name: Date: Name: Title: Date: Charles Culpe..e , Mayor HOOVER & ASSOCIATES, INC.,: liktW Ap fat l I%i DATE: April 16, 1998 SUBJECT: City Council Meeting - April 23, 1998 ITEM: 10.D.1. Consider a resolution authorizing the Mayor to execute an Agreement for Termination of Architect Services Between Hoover & Associates, Inc. and City of Round Rock for building design and plans for the expansion of the Public Works Building at 2008 Enterprise. Mike Tibbetts, Architect has left Hoover & Associates, Inc. to join another firm. Mr. Tibbetts has been the contact and principal that staff worked with during the design and planning of the Public Works Expansion Project. Morris Hoover, owner of Hoover & Associates has agreed to terminate the City's contract with his firm and to release all drawings and information to Mike Tibbetts and his new firm Arkitex Studio to complete the project. Staff had agreed on a schedule of payments for the different phases and Hoover & Associates have been paid for the work they have completed to date. Upon the termination of this contract, staff would like to enter into a contract with Arkitex Studio to complete the work. Staff recommends approval. Staff Resource Person: Jim Nuse, Public Works Director