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HomeMy WebLinkAboutResolution - 2917 - Agreement - NCMD Inc - Federal Representative Services - 09/22/1988Resolution #2917 September 22, 1988 Item #19 DGV:da 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 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 22nd day of September , 1988. B.C. McMINN, MAYOR ATTEST: xaneTte boys, city secretary APPROVED AS TO CONTENT: �.S Bob Cass, Deputy City Manager i APPROVED AS TO FORM: al G.Van Iver, First Assistant City Attorney i r 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 Congressional 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 Dallas, Fort Worth, 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 a member of its staff as head of this unit. NCMD will furnish requisite staff, office space, utilities, furnishings, and equipment, secretarial services, common -use office supplies and services, and general administrative support. B. NCMD 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 by NCMD. In cases in which the City position differs from or conflicts with the Cities' group position, NCMD will consult with the City and the Committee to determine the proper course of action. C. Information. 1. NCMD 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. NCMD will present federal affairs briefings for the Cities at times and places specified by the Committee. D. Congressional Relations. NCMD will establish and maintain on a regular basis contact with the Texas Senators and the Cities' delegations in the House Representatives. E. Individual City Services. 1. NCMD will, at its own instance, 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 $80.00 per hour. 2. Should billable costs for the contract period appear to exceed the costs specified in Sections II, B or C, NCMD will notify the City, together with its estimates of the extra amounts expected to be required the reasons therefor, and its recommendation to the City. II. OBLIGATIONS OF THE CITY A. The City will contract with NCMD for the specified services for a period of one year, commencing October 1, 1988 and ending September 30, 1989. B. Service Costs. The service cost of this contract is $20,000, composed of three elements: - 2 - a) A retainer of $12,960.00 per year. b) Thirty eight assured -use of hours of service at $80.00 totalling $3,040.00. c) Optional use hours of service at the rate of $80.00 per hour, totalling $4,000.00. C. Reimbursable Costs -- Not to exceed $5,500.00. 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. d. Provision of local ground transportation in Washington. e. Rental of meeting facilities and other meeting expenses. 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 totally $16,000.00 are payable quarterly in advance in these amounts: October 1, 1988 $400.00 January 1, 1989 $5,200.00 April 1, 1989 $5,200.00 July 1, 1989 $5,200.00 2. The optional hourly costs above the first thirty hours of service are payable upon billing by NCMD after that the assured hours of service have been exceeded. (Sec. II, B. 2) - 3 - 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 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. F. General. 1. The City will inform NCMD of the person(s) authorized to request services and to serve as the chief contact. 2. The City will supply the Center 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 CONCUR THAT THE FOLLOWING 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 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. - 4 - 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. IV. TERMINATION & EFFECTIVE DATE Either party may terminate this agreement at any time by giving the other at least ninety days written notice. This agreement shall take effect on October 1, 1988. DULY PASSED AND APPROVED THIS THE 22nd DAY OF September , 1988. ATTEST: Rane to Boyd, City Secret y APPROVED AS TO CONTENT: Q? ccs Bob Cass, Deputy City Manager APPROVED AS TO FORM: o al G. �Vn ve , irst Assistant City Attorney BY: FOR THE CITY OF LUBBOCK, TEXAS c B.C. McMINN, MA OR FOR THE NATIONAL CENTER FOR MUNICIPAL DEVELOPMENT, INC., 4 RESIDENT - 5 - Office of The City Manager City of Lubbock P.O. Box 2000 Lubbock. Texas 79457 SOB -762-6411 September 28, 1988 Mr. Tom Duffy National Center for Municipal Development 1620 Eye Street, N.W. #300 Washington, DC 20006 Dear Tom: Attached are two copies of the contract between the City and the National Center for Municipal Development. Please execute one copy and return it to us for our files. The other is for your files. We look forward to working with you another year. Let me know if you need anything else. Sincerely, Bob Cass Deputy City Manager BNr-nb �i