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HomeMy WebLinkAboutResolution - 3758 - Agreement - NCMD Inc - Federal Representation Services - 11_14_1991Resolution No. 3758 November 14, 1991 Item #28 DGV:js RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement by and between the City of Lubbock and the National Center for Municipal Develop- ment, Inc., attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 14th ATTEST: , city secretary APPROVED AS TO CONTENT: Z& cS -Fob Cass, Deputy City Manager APPROVED AS TO FORM: D NaU F Van iver,� irst Assistan City Attorney day of November , 1991. V B. C. McMIN , MAYOR Resolution No. 3758 November 14, 1991 Item #28 DGV:js AGREEMENT Between the City of Lubbock, Texas and the NATIONAL CENTER FOR MUNICIPAL DEVELOPMENT, INC. Washington, D.C. WHEREAS, the City of Lubbock, (hereinafter referred to as "City"), in consultation with other major cities in Texas, has de- termined that there is a need for jointly sponsored Washington, D.C. representation; and WHEREAS, this need is particularly pressing in relation to: 1. Information about legislative and executive action on issues of common interest; 2. Transmitting City positions on these issues to the Con- gressional delegation and to the Administration; and 3. Obtaining individual City service to pursue defined projects or individual legislative priorities. WHEREAS, the National Center for Municipal Development is known to the cities and is capable of and willing to undertake representation in Washington; NOW THEREFORE: The City of Lubbock, in association with and recognizing the concurrent participation of the Cities of Dallas, Fort Worth, Houston and Plano (collectively hereinafter referred to as "Cities"), enters into this Agreement with the National Center for Municipal Development (hereinafter referred to as "NCMD"). I. OBLIGATIONS OF THE NATIONAL CENTER FOR MUNICIPAL DEVELOPMENT. A. NCMD will operate a unit to act as a Washington office for the Cities and will assign Barbara T. McCall as head of this unit and as Washington Assistant to the Cities. Dicken Cherry will also be assigned as Washington Assis- tant to the Cities. NCMD will furnish requisite staff, office space, utilities, furnishings, and equipment, secretarial services, common -use office supplies and services, and general administrative support. B. The Washington Assistants will consult with the "Committee" (see Section II E) to determine issues of specific interest to the Cities and to determine policies and positions which the Cities as a group hold and wish to be pursued. In cases in which the City positions differ from or conflict with the Cities' group position, the Washington Assistants will consult with the City and the Committee to determine the proper course of action. C. Information. 1. The Washington Assistants will provide regular information on Washington issues and events of interest to the Cities. This will be done by: a. "Washington Report," a regular publication of NCMD; b. Written reports, bulletins, and memoranda on developments in Texas -specific issues; and C. Direct phone contact. - 2 - 2. The Washington Assistants will present federal af- fairs briefings for the Cities at times and places specified by the Committee. D. Congressional Relations. The Washington Assistants will establish and maintain on a regular basis contact with the Texas Senators and the Cities' delegation in the House of Representatives. E. Administrative Relations. The Washington Assistants will advise and consult on be- half of the City with the White House, and the following federal agencies, or departments: Commerce, SBA, Trea- sury, HUD, Labor, HHS, DOT, EPA, Interior, Justice, DOE, and such other agencies, departments, and commissions as may be necessary to the performance of Washington service to the City. F. Individual City Services. 1. The Washington Assistants will initiate and pursue research, reports, meetings, consultation and other activities on matters of interest to the City and will respond to requests for similar actions from the City. It will inform the Administration and Congress of the needs of the City. Such services and activities will be provided at a cost of $90.00 per hour. 2. Should billable costs for the contract period appear to exceed the costs specified in Sections II, B or - 3 - C, McCall will notify the City, together with her estimates of the extra amounts expected to be re- quired, the reasons therefor, and her recommendation to the City. II. OBLIGATIONS OF THE CITY A. The City will contract with NCMD for specified services for a period of one (1) year, commencing on October 1, 1991 and ending on September 30, 1992. B. Service Costs. 1. The service costs of this Contract is composed of three (3) elements: a. A retainer of $14,288.00 per year. b. Thirty-six (36) assured usage of hours of ser- vice at $90.00 per hour, totalling $3,240.00. C. Optional use hours of service at the rate of $90.00 per hour. C. Reimbursable Costs --Not to Exceed $5,000.00. 1. Costs incident to travel outside Washington, D.C. for long distance telephone calls, and for expedited communication services shall be reimbursed to NCMD upon submission of its invoice to the City. It is understood that travel is to be preauthorized by the City or the Committee. In the case of travel autho- rized by the Committee, the City agrees to pay its pro-rata share of the costs. - 4 - 2. Costs for the following items which exceed the allo- cation for such items in the basic contract cost shall, when authorized by the City and the Commit- tee, be reimbursed to NCMD upon presentation of its invoice: a. Subscription and dues. b. Printing and graphics. C. Supplies. d. Provision of local ground transportation in Washington. e. Rental of meeting facilities and other meeting expenses. 3. If an expenditure under this Section is authorized by the Committee, the City agrees to pay its pro- rata share. D. Contract costs are payable as follows: 1. The retainer and assured hourly costs of $17,528.00 are payable, quarterly, in advance in these amounts: October 1, 1990 $4,382.00 January 1, 1991 $4,382.00 April 1, 1991 $4,382.00 July 1, 1991 $4,385.00 2. The optional hourly costs above the first thirty-six (36) hours of service are payable upon billing by NCMD, after the assured hours of service have been exceeded. (Section II, B. 2) - 5 - E. The Committee. 1. The City will appoint a member to a Committee of the Cities associated in this effort. The Committee will appoint its own chairperson and determine the times and places of its meetings. The functions of the Committee are: a. To determine common positions on federal issues which NCMD is to pursue on behalf of the Cities. b. To discuss apparent conflicts or differences on issues or projects which may arise among the Cities and to resolve them in terms of a course of action for NCMD. C. To monitor the function and operation of the Washington office to determine if it is ful- filling the goals and objectives for which it was designed. d. To authorize travel and other reimbursable ex- penses to be incurred for the common purposes of the Cities. F. General. 1. The City will inform the Washington Assistants of the person(s) authorized to request services and to serve as the chief contact. 2. The City will supply the Washington Assistants with a summary of the federal programs in which the City is participating, and other information necessary to an understanding of the City's purposes in relation to the federal government. III. THE CITY AND THE CENTER AGREE THAT CERTAIN EXCLUSIONS SHALL APPLY. A. NCMD will not: 1. Directly or indirectly participate in or intervene in any political campaign on behalf of or in opposi- tion to any candidate for public office. 2. Will not represent the issues of local constituents in pursuit of federal business. 3. By virtue of this Agreement, represent other local agencies in the City except those which are instru- mentalities or agencies of the City. 4. Perform any legal, engineering, accounting, or other similar professional services. 5. Will not represent a position which clearly and directly opposes national policies of the National League of Cities and U. S. Conference of Mayors. 6. Expend more than $2,500 provided by this Contract in efforts to influence HUD directly, as specified in Section 7(d) and 13(g) of the Department of Housing and Urban Development Act, 42 U.S.C. 3535(d) and 3537b(g) and 24 C.F.R. Section 86.1. In addition, NCMD will notify the City if there is possibility of exceeding this expenditure limit. - 7 - IV. THE CITY AND NCMD AGREE. A. Any change of the persons assigned as Washington Assis- tants must be approved by the City Manager. B. Either party may terminate this Agreement at any time by giving the other at ninety (90) days written notice. This Agreement shall take effect on October 1, 1991. DULY PASSED AND APPROVED THIS THE 14th day of November , 1991. CITY OF LUBBOCK, TEXAS BY B. C. MCMI N, MAYOR ATTEST: Rane to Boyd, City ec etary APPROVED AS TO CONTENT: 28 V J "] Bob Cass, Deputy City Manager APPROVED AS TO FORM: Al m"W-Irc Dohdld G. Vandiver, First Assistant City Attorney NATIONAL CENTER FOR MUNICIPAL DEVELOPMENT, INC. PRESIDENT - 8 -