Loading...
HomeMy WebLinkAboutResolution - 4020 - Agreement - NCMD Inc - Federal Representation Services - 11/12/1992Resolution No. 4020 November 12, 1992 Item 433 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 Development, 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 12th day of November , 1992. i� J DAVID 117-VAN9STON, MAYM ATTEST: Sally Abbb, Acting City Secretary AP V,,,ED AS TO CONTENT: MWMosqueda, �1�(sistant to City Manager AP/D AST FORM: 44mq�—j ld G. Vandiver, First Assistant City Attorney DGV:dw/Agenda-D2/A-NCMD.Res October 22, 1992 Resolution No. 4020 November 12, 1992 Item #33 AGREEMENT Between the City of Lubbock, Texas and the NATIONAL CENTER FOR MUNICIPAL DEVELOPMENT, INC. Washington, D.C. 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 Con- gressional delegation and to the Administration, and 3. obtaining individual City service to pursue defined projects or individual legislative priorities, and WHEREAS, the National Center for Municipal Development 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, Houston, and Plano (collectively, the "Cities"), enters into this agreement with the National Center for Municipal Development ("NCMD.") I. OBLIGATIONS OF THE NATIONAL CENTER FOR MUNICIPAL DEVELOPMENT, INC. 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 Assistant 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 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 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. Agreement/NCMD-Page 2 2. The Washington Assistants will present federal affairs 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 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 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. They will inform the Administration and Congress of the needs of the City. Such ser- vices 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 C, McCall will notify the City, together with her estimates of the extra amounts expected to be required, the reasons therefor, and her recommendation to the City. Agreement/NCMD--Page 3 II. OBLIGATIONS OF THE CITY A. The City will contract with NCMD for specified services for a period of one (1) year, commencing October 1, 1992 and ending September 30, 1993. B. Service Costs. elements: The service cost of this Contract is composed of three a) A retainer of $14,288.00 per year. b) Thirty-six assured -usage of hours of service 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 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 NCMD upon presentation of its invoice: Agreement/NCMD--Page 4 Subscription and dues. Printing and graphics. Supplies. d) Provision of local ground transportation in Washington. e) Rental of meeting facilities and other meet- ing 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, 1992 $4,382.00 January 1, 1993 $4,382.00 April 1, 1993 $4,382.00 July 1, 1993 $4,382.00 2. The optional hourly costs above the first thirty- six hours of service are payable upon billing by NCMD, after the assured hours of service have been exceeded. (Sec. II, 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 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 Wash- ington office to determine if it is fulfilling the goals and objectives for which it was designed. Agreement/NCMD--Page 5 d) To authorize travel and other reimbursable expenses 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. THE CITY AND THE CENTER AGREE THAT CERTAIN EXCLUSIONS SHALL APPLY TO THIS AGREEMENT A. NCMD 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 con- stituents 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 3537b(g) and 24 CFR Sec. 86.1. Agreement/NCMD--Page 6 IV. THE CITY AND NCMD AGREE A. Any change of the persons assigned as Washington Assistants must be approved by the City Manager. B. Either party may terminate this agreement at any time by giving the other at least ninety (90) days written notice. This agreement shall take effect on October 1, 1992. DULY PASSED AND APPROVED THIS THE 12th DAY OF November , 1992. FOR THE CITY OF LUBBOCK, TEXAS l 44 DAVID GSTON, MAYOR ATTEST: Sally Abbe, Acting City Secretary APPROVED AS TO CONTENT: 'AKna MosquedzL-/" Assistant to City Manager APPROVED AS TO FORM: nald G. Vandiver, First Assistant City Attorney FOR THE NATIONAL CENTER FOR MUNICIPAL _DEVELOPMENT, INC. SIDENT DGV:dw/cont-agr-D4/A-NCMD.doc October 21, 1992 Agreement/NCMD--Page 7 Resolution No. 4020 November 12, 1992 Item #33 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 Development, 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 12th day of November , 1992. 1 / � DAVID R. ON, MA '! ATTEST: i Sally Abbe, Acting City Secretary AVED AS TO CONTENT: P1: Mosque a, Ysistant to City Manager APEIWVRD AS TO FORM: _ V uorrala Li. vanalver, first ASSistan City Attorney DGV:dw/Agenda-D2/A-NCMD.Res October 22, 1992 Resolution No. 4020 November 12, 1992 Item 433 AGREEMENT Between the City of Lubbock, Texas and the NATIONAL CENTER FOR MUNICIPAL DEVELOPMENT, INC. Washington, D.C. 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 Con- gressional delegation and to the Administration, and 3. obtaining individual City service to pursue defined projects or individual legislative priorities, and WHEREAS, the National Center for Municipal Development 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, Houston, and Plano (collectively, the "Cities"), enters into this agreement with the National Center for Municipal Development ("NCMD.") I. OBLIGATIONS OF THE NATIONAL CENTER FOR MUNICIPAL DEVELOPMENT, INC. 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 Assistant 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 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 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. Agreement/NCHD- Page 2 2. The Washington Assistants will present federal affairs 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 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 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. They will inform the Administration and Congress of the needs of the City. Such ser- vices 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 C, McCall will notify the City, together with her estimates of the extra amounts expected to be required, the reasons therefor, and her recommendation to the City. Agreament/NCMD--Page 3 II. OBLIGATIONS OF THE CITY A. The City will contract with NCMD for specified services for a period of one (1) year, commencing October 1, 1992 and ending September 30, 1993. B. Service Costs. elements: The service cost of this Contract is composed of three a) A retainer of $14,288.00 per year. b) Thirty-six assured -usage of hours of service 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 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 NCMD upon presentation of its invoice: a) Subscription and dues. b) Printing and graphics. C) Supplies. Agreement/NCMD--Page 4 d) Provision of local ground transportation in Washington. e) Rental of meeting facilities and other meet- ing 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, 1992 $4,382.00 January 1, 1993 $4,382.00 April 1, 1993 $4,382.00 July 1, 1993 $4,382.00 2. The optional hourly costs above the first thirty- six hours of service are payable upon billing by NCMD, after the assured hours of service have been exceeded. (Sec. II, 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 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 Wash- ington office to determine if it is fulfilling the goals and objectives for which it was designed. Agreement/NCMD--Page 5 d) To authorize travel and other reimbursable expenses 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. THE CITY AND THE CENTER AGREE THAT CERTAIN EXCLUSIONS SHALL APPLY TO THIS AGREEMENT A. NCMD 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 con- stituents 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 3537b(g) and 24 CFR Sec. 86.1. Agreement/NCMD--Page 6 IV. THE CITY AND NCMD AGREE A. Any change of the persons assigned as Washington Assistants must be approved by the City Manager. B. Either party may terminate this agreement at any time by giving the other at least ninety (90) days written notice. This agreement shall take effect on October 1, 1992. DULY PASSED AND APPROVED THIS THE 12th DAY OF November , 1992. FOR THE CITY OF LUBBOCK, TEXAS DAVID R.,%WGSTON, MAYOR ATTEST: cQ Sally Abbe, Acting City Secretary APPROVED AS TO CONTENT: hrfna— Mosqued� Assistant to City Manager APPROVED AS TO FORM: n lei 13nald G. Vandiver, First Assistant City Attorney FOR THE NATIONAL CENTER FOR MUNICIPAL DEVELOPMENT, INC. PRESIDENT DGV:dw/cont-agr-D4/A-NCMD.doc October 21, 1992 Agreement/NCMD--Page 7