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HomeMy WebLinkAboutResolution - 4967 - Agreement - Barbara T Mccall Associates Inc - Consulting Services - 09/28/1995Resolution No. 4967 September 28, 1995 Item 417 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 Associates, Inc., for consulting services for the City of Lubbock, which agreement 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 copiedm agil. Passed by the City Council this ATTEST: etty . Johnso , City Secretary QED AS TO CONTENT: it, 0�I City Manager APPROVED AS TO FORM: Donald G. Vandiver, Fi Assistant City Attorney ApUeedocskonsult.res September 8, 1995 Resolution No. 4967 September 28, 1995 Item X617 AGREEMENT Between the City of Lubbock, Texas and BARBARA T. McCALL ASSOCIATES, INC. 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 Associates, Inc. ("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. 1 B. The Consultant will consult with the "Committee" (see Section IIE) 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 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. 1. 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 2 costs specified in Sections II, B or C. The consultant will notify the 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 The service cost of this Contract is composed of three elements: a) A retainer of $16,000.00 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. 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. 3 PI 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 $19,420.00 are payable, quarterly, in advance in these amounts: October 1, 1995 $4,855.00 January 1, 1996 $4,855.00 April 1, 1996 $4,855.00 July 1, 1996 $4,855.00 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. Il, 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: 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. 4 F. General. 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. 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, 1995. 5 DULY PASSED AND APPROVED THIS THE 28th DAY OF September , 1995. David R. Langston, Mayor oma- 6". '141 era . Barbara T. McCall, President Barbara T. McCall Associates, Inc. 1615 L Street, NW Suite 700 Washington, Dc 20036 202-682-7057 Federal Employer ID #: 52-1906049 ATTEST: 60* L naL Betty M.E onl, City Secretary APROVEDCO E w Quen homas, Assi ant City Manager APPROVED AS TO FORMM- r�J d G. Van 'ver, First -Assistant City Attorney 6