HomeMy WebLinkAboutResolution - 4607 - Agreement - Barbra T. Mccall - Professional Services, Washington Representation - 09_22_1994PREPARED BY THE LEGAL DEPARTMENT
FOR THE SEPTEMBER 22, 1994 CITY COUNCIL MEETING
Resolution No. 4607
Item # 11
Council Date: 09/22/94
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 and all related documents by
and between the City of Lubbock and Barbara T. McCall for a personal services contract for
consulting services for the City of Lubbock, which contract is attached hereto, 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 2 2nd day of September 1994.
ATTEST:
i
Betty 91. 1ohnsonWity Secretary
APPROVEAS TO CONTENT:
it
R s, Director of Business Relations/
Economic Development
AS TO
Assistant City Attorney
DG V : dp\Wc�\BTMRes
September 1, 1994
Resolution No. 4607
Item #11
September 22, 1994
AGREEMENT
Between the City of Lubbock, Texas
and
BARBARA T.McCALL
Washington, DC
WHEREAS, the City of Lubbock, ("City"), in consultation with other major cities in
Texas, has determined that there is a need for jointly sponsored Washington
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 Congressional delegation
and to the Administration, and
3. obtaining individual City service to pursue defined projects or individual
legislative priorities; and
WHEREAS, Barbara T. McCall is known to the Cities and is capable of and willing
to undertake such representation in Washington;
NOW, THEREFORE, the City of Lubbock, in association with and recognizing the
concurrent participation of the Cities of Austin, Dallas, and Plano (collectively, the
"Cities"), enters into this agreement with Barbara T. McCall ("Consultant").
I. OBLIGATIONS OF THE CONSULTANT
A. The Consultant will operate a unit to act as a Washington office for the
Cities and head this unit and as Washington Assistant to the Cities. The
Consultant will furnish requisite staff, office space, utilities, furnishings, and
equipment, secretarial services, common -use office supplies and services,
and general administrative support.
B. The Consultant will consult with the "Committee" (see Section IIE) to
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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 Consultant will consult with the City and the Committee to
determine the proper course of action.
C. Information.
1. The Consultant will provide regular information on Washington issues
and events of interest to the Cities. This will be done by:
a) a regular "Washington Report,"
b) written reports, bulletins, and memoranda on developments
regarding Texas -specific issues, and
c) direct phone contact.
2. The Consultant will present federal affairs briefings for
the Cities at times and places specified by the Committee.
D. Congressional Relations.
The Consultant 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 Consultant will advise and consult on behalf of the City with the White
House and the following federal agencies or departments: Commerce,
SBA, Treasury, 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.
The Consultant 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. She will
inform the Administration and Congress of the needs of the City.
Such services and activities will be provided at a cost of $95.00 per
hour.
2. Should billable costs for the contract period appear to exceed the
costs specified in Sections II, B or C. The consultant will notify the
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City, together with her estimates of the extra amounts expected to
be required, the reasons therefore, and her recommendation to the
City.
II. OBLIGATIONS OF THE CITY
A. The City will contract with the Consultant for specified services for a period
of one year, commencing October 1, 1994 and ending September 30, 1995.
B. Service Costs
1. The service cost of this Contract is composed of three elements:
a) A retainer of $15,000.00 per year.
b) Thirty-six assured -usage hours of service at $95.00 per hour,
totalling $3,420.00.
c) Optional use hours of service at the rate of $95.00 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 the Consultant 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 authorized by the
Committee, the City agrees to pay its pro-rata share of the costs.
2. Costs for the following items which exceed the allocation for such
items in the basic contract cost shall, when authorized by the City
and the Committee, be reimbursed to the Consultant upon
presentation of an 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.
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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 $18,420.00 are payable,
quarterly, in advance in these amounts:
October 1, 1994 $4,605.00
January 1, 1995 $4,605.00
April 1, 1995 $4,605.00
July 1, 1995 $4,605.00
2. The optional hourly costs above the first thirty-six hours of service
are payable upon billing by the Consultant, after the assured hours
of service have been exceeded. (Sec. ll, B. 2)
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:
F. General.
a) to determine common positions on federal issues which the
Consultant 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 the Consultant.
c) to monitor the function and operation of the Washington office
to determine if it is fulfilling the goals and objectives for which
it was designed.
d) to authorize travel and other reimbursable expenses to be
incurred for the common purposes of the Cities.
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1. The City will inform the Consultant of the person(s) authorized to
request services and to serve as the chief contact.
2. The City will supply the Consultant 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 CONSULTANT AGREE THAT CERTAIN EXCLUSIONS
SHALL APPLY.
A. The Consultant will not:
1. Directly or indirectly participate in or intervene in any political
campaign on behalf of or in opposition to any candidate for public
office.
2. Will not represent the interests 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 instrumentalities 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 Sec 7 (d) and 13 (g) of the
Department of Housing and Urban Development Act 42 USC 3535
(d) and 3537 b(g) and 24 CFR Sec. 86.1.
IV. THE CITY AND THE CONSULTANT AGREE
A. Either party may terminate this agreement at any time by giving the other
at least thirty days' written notice.
B. This agreement shall take effect on October 1, 1994.
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DULY PASSED
ATTEST:
22nd
THE / DAY
September1994.
ERAS
GL Z (' cu". - '-/ /-� C ("&."
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Barbara T. McCall
1620 Eye Street, NW, Suite 300
Washington, DC 20006
(202) 429-0160
. 6Gt-� &
Betty M. ibhnson, City cretary
APPROVEDAS--TOCONTENT:
Rod Allis, Director of Business Relations/
Economic Development
APPROVED AS TO FORM:
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1 9
Do d G. Vandiver, First Assis ant
City Attorney