5172 RESOLUTION NO 5,172
A RESOLUTION AUTHORIZING AN AGREEMENT WITH
PUBLIC TECHNOLOGY , INCORPORATED FOR THE
SERVICES OF AN URBAN TECHNOLOGY AGENT; AND
FOR OTHER PURPOSES .
WHEREAS , Public Technology, Incorporated under contract
with the National Science Foundation to design and operate an
experimental program to increase technology utilization by
local government; and
WHEREAS , the City of Little Rock is one of twenty-seven
cities in the nation chosen as a participating city in the
Program planned by Public Technology, Incorporated and known
as Urban Technology System.
NOW THEREFORE , BE IT RESOLVED BY THE BAORD OF DIRECTORS
OF THE CITY OF LITTLE ROCK, ARKANSAS .
SECTION 1. The City of Little Rock is hereby authorized
to enter into a contract agreement with Public Technology,
Incorporated whereby the City will become a participating city
in a program designed and operated to increase technology
utilization by local governments in this nation, said Program
being called the Urban Technology System. The mayor and city
clerk , acting for and on behalf of the City of Little Rock,
are hereby authorized to execute said agreement which is in
form and substance as reflected by Exhibit "A" attached hereto
and made a part hereof the same as though set out herein word
for word.
SECTION 2 . This Resolution shall be in full force and
effect from and after its adoption.
ADOPTED: March 19, 1974
ATTEST: APPROVED: .4.-•1
City Cle Mayor
FINAL - January 2, 1974
AGREEMENT
by and between
PUBLIC TECHNOLOGY, INCORPORATED
and
(Site)
FOR THE SERVICES OF AN URBAN TECHNOLOGY AGENT
THIS AGREEMENT, entered into as of this day of
1974, by and between the , (hereinafter called the
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"Site") and PUBLIC TECHNOLOGY, INCORPORATED (herein called "PTI"),
WITNESSETH THAT:
WHEREAS on July 1, 1973 PTI was awarded contract C 834 by the National Science
Foundation, to design and operate an experimental program to increase technology
utilization by local governments, such program to be called the Urban Technology
System (UTS) and;
WHEREAS PTI desires to enter into an agreement with the Site for the Site's
participation in said Urban Technology System by the acceptance and support of
a Technology Agent (TA) whose duties are hereinafter described,
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. Agreement with the Site
PTI hereby agrees to operate an Urban Technology System and as part of
that system to provide the services of a Technology Agent and suitable Back-up
Institutions to the Site and the Site hereby agrees to participate in that system
and to accept the services of such Technology Agent and Back-up Institutions
under the conditions hereinafter set forth.
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2. Scope of Agreement
Under the referenced contract between PTI and the National Science
Foundation effective July 1, 1973, PTI was awarded a multi-year program
contract to establish, operate, maintain, and document the performance of
an experimental Urban Technology System network. The specific objectives
and methodology proposed to implement this program are set forth in Appendix
A attached hereto. This is an experimental program in nature and management
approaches may be changed or varied as experience is gained thereunder. Ac-
cordingly, no representations can be made by either party to this agreement as
to the quality or character of the results to be achieved. This agreement is
entered into as one of a series of such agreements between PTI and cities or
other urban communities which will participate as test sites in the Urban
Technology System.
3. Responsibilities of the Site
The Site agrees that:
(a) It will accept the appointment of a Technology Agent (TA) duly
appointed hereunder and to cooperate with PTI and the TA to carry out the
purposes and intents of the UTS program as outlined in Appendix A.
(b) The TA will be located organizationally in the office of the Chief
Administrative or Executive Official (CAO) of the site.
(c) Said Chief Administrative Official will participate in the
following programs conducted by PTI:
1) Two days of the formal training to be conducted by PTI
for the TA prior to his placement on site
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2) Three regional PTI/UTS program meetings per year
3) One national PTI/UTS meeting per year
(d) To provide all overhead expenses of the TA for the full 3
program years including suitable office space, office supplies, secretarial
assistance, local travel and expenses, telephone services, and all other
perquisites normally provided to the principal assistants to the Site's Chief
Administrative Official.
(e) To pay 10 percent of the TA's salary for the first two (2) program
years. The TA's initial salary shall be $ . Any changes during the
period of this agreement shall require the approval of both parties. It is
contemplated both parties will give their approval to salary increases from
time to time based on cost of living or other factors in the same manner
as increases are granted to similar site employees in the office of the
Chief Administrative Official.
(f) To pay 80 percent of the TA's salary for the Third Program Year.
(g) To pay 100 percent of the TA's fringe benefits for the Third
Program Year.
(h) All payments by the Site to PTI and PTI to the Site under (e) and (f)
above, shall be made within sixty (60) days of receipt of a quarterly invoice.
(i) Between May 1, 1974 and May 1, 1976 to initiate, when mutually
agreeable, the transfer of the TA to the employ and payroll of the Site in the
manner prescribed by local ordinance. The TA shall remain subject, however,
to the requirements of this contract and the carrying out of the UTS program.
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4. Reservation of Time
It is understood that during the entire contract term 20 percent of the
time of the Technology Agent will be reserved for services exclusively for
PTI, including data collection, documentation and attendance at UTS program
meetings.
5. Responsibility of PTI
PTI agrees that:
(a) It will engage a subcontractor to recruit and select suitable
candidates for the position of TA in the Site. This TA will assist the CAO
and his staff in the process of problem identification, problem definition and
problem solution for problems of a technological nature.
(b) It will conduct a training program for the selected TA to ac-
quaint him with the theoretical and practical aspects of local government and
technology transfer.
(c) It will develop basic guidelines and procedures for the use of the TA
in working in the Site and in reporting the progress and results of his work to
the CAO and to PTI.
(d) It will solicit, screen and select for the Site, suitable backup
institutions to provide primary technical support to the TA.
(e) It will facilitate and coordinate the exchange of information among
the UTS Sites and conduct periodic meetings each year for these purposes and to
further train the TA's. It will coordinate and control all management aspects of
the system. In particular, it will provide the following financial management sup-
port to the TA's until such time as the TA may become a Site employee.
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1) The payment of the TA's salary on a semi-monthly basis
2) The development and administration of the TA's fringe
benefits program.
(g) It will provide the following financial support:
1) 90 percent of the TA's salary for the first two program years
2) 20 percent fo the TA's salary for the third program year
3) 100 percent of the TA's fringe benefits for the first two
program years.
4) 100 percent of the TA's and CAD's expenses incurred in
attendance at national or regional Urban Technology System
meetings.
6. Selection, Termination and Replacement of Technology Agent
(a) The process of the selection of a TA for the Site will be initiated
by a nationwide recruitment effort conducted for PTI by a subcontractor. PTI
will screen the applicants in order to develop a list of highly qualified Technology
Agents for service in the Site. In the final selection process the Site shall have
the opportunity to express a "rank" preference for each of the qualified candidates.
PTI shall make the final selection from among those candidates approved by the
Site, giving due consideration to the Site's preference.
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(b) The Site has the right to unilaterally request on thirty (30) day
•
written notice the replacement or termination of a TA.
(c) PTI may with the consent of the Site, transfer or terminate the
TA on thirty (30) days written notice.
(d) In the event a TA should die, resign or cease to act for any reason,
including (b) and (c) above, a new TA shall be selected in accordance with the
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procedures set forth in 4(a) above. If there are less than twelve (12) months
remaining in this contract, then the decision of whether to replace the TA
shall be by the mutual agreement of PTI and the Site.
7. Reporting Relationship of the Technology Agent
The TA shall report to and take functional direction from the Chief
Administrative Official and shall report to and take administrative direction
from PTI in carrying out his activities within the scope of this contract.
Duration of the Contract
This contract shall be in force from the commencement of the First
Program Year until April 30, 1977 unless sooner terminated pursuant to the
provisions hereof. The First Program Year shall commence on the date the
first TA reports to the CAO on or about May 1, 1974. At the conclusion of the
contract, PTI is relieved of its and the TA's responsibility to the Site. Cor-
respondingly, at the conclusion of this contract, the Site is relieved of its
responsibility to PTI and the Technology Agent.
9. Termination for Convenience
PTI or the Site may terminate this contract at any time by giving written
notice to the other of such termination. In that event, the unfinished documents,
data studies, surveys, drawings, maps, models, photographs, and reports or
other material prepared by the Technology Agent under this contract shall be-
come the property of the National Science Foundation.
10. Audit and Records
The Site shall maintain books, records, documents, and other eviden ce,
hereinafter referred to as the records and accounting procedures and practices,
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sufficient to reflect properly all direct and indirect costs of whatever nature
claimed to have been incurred and anticipated to be incurred for the performance
of this Agreement.
11. Examination of Records
The Site agrees to make available to PTI any of the records referred to
in Paragraph 10 for inspection, audit, or reproduction by any authorized re-
presentive of PTI or the Comptroller General of the United States.
12. Equal Opportunity
(a) The Site agrees not to discriminate against any employee or
applicant for employment because of race, color, religion, sex, or national
origin.
(b) The Site will, in all soliciations or advertisements for employees,
state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, or national origin.
13. Identification of Documents
All reports and other documents completed as part of this contract, other
than documents exclusively for internal use within the Site or PTI, shall carry
the following notation of the front cover or a title page, "The preparation of this
report, document, etc. , was financed through the Urban Technology System
operated and managed by Public Technology , Inc. under Contract NSF C 834
with the National Science Foundation. "
14. Rights in Data
In this paragraph "Foundation" shall mean "National Science Foundation, "
"Contracting Officer" shall mean the appropriate official of the Foundation and
"Government" shall mean the Federal Government of the United States.
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(a) Subject Data
1) The term "Subject Data" as used herein includes writings,
information stored in any form, sound recordings, computer programs, pictorial
reproductions, drawings, or other graphic representations and works of any
similar nature which are first generated, produced or composed in the per-
formance of this contract, whether delivered or not under this contract.
2) All Subject Data shall be the sole property of the
Foundation. The Site shall not publish, reproduce, distribute or otherwise
make disposition of such Subject Data in whole or in part or in any manner or
form, or authorize others to do so without the prior written consent of the
Contracting Officer or until such time as the Government may have released
such Subject Data to the public.
(b) Other Data
1) The term "Other Data" as defined herein includes
writings, information stored in any form, sound recordings, computer
programs, pictorial reproductions, drawings, or other graphic representations
and works of any similar nature, not generated, produced, or composed for
the first time in the performance of this contract, whether or not copyrighted,
which are delivered under this contract.
2) The Government may duplicate, use and disclose in any
manner, and for any purposes whatsoever, and have others do so, all or any
part of the Other Data delivered by the Site to PTI for transmittal to the
Government under this contract except as provided by subparagraph (b)(2)(A)
below.
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(A) Material Covered by Copyright.
The Site agrees to and does hereby grant to the
Government, and to its officers, agents, and employees acting withing the scope
of their official duties, a royalty-free, nonexclusive and irrevocable license,
throughout the world for Government purposes to publish, translate, reproduce,
deliver, perform, dispose of, and to authorize others so to do, all Other Data
now or hereafter covered by copyright. No such copyrighted matter shall be
included in Other Data furnished hereunder without the written permission
of the copyright owner for the Government to use such copyrighted matter in
the manner described in subparagraph (b)(2)(A) above.
(c) The terms "Subject Data" and "Other Data" as defined herein do
not include financial reports, cost analyses and similar information incidental
to contract administration.
(d) The Site shall report to PTI promptly and in reasonable written
detail each notice or claim of copyright infringement received by the Site with
respect to any technical data delivered hereunder.
15. Confidentiality of Documents
Any reports, information, data, etc. , given to or prepared or assembled
by the TA or PTI under this contract which PTI requests to be kept as confidential
shall not be made available to any individual or organization (other than the site)
without the prior written approval of PTI. The Parties shall make appropriate
arrangements for the internal handling of confidential documents by the Site and
PTI.
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IN WITNESS WHEREOF the Parties, duly authorized, have hereunto
set their hands and seals on the date first written.
PUBLIC TECHNOLOGY, INC.
BY
Ronald J. Philips
Senior Vice President
ATTEST:
Name and Title
(Site)
BY
Name and Title
ATTEST:
Name and Title
CERTIFICATE OF LEGAL OFFICER
The undersigned being the Principal Legal Officer of the
(Site)
does hereby certify that the has the authority and
(Site)
power under the applicable laws of the State of and the
to enter into the foregoing contract and has
(Site)
the power under such laws to meet all its obligations thereunder and that the
execution of this contract has been duly authorized under the procedures relating
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to city contracts prescirbed by the laws of the State and Site aforesaid.
[Add reference to specific authorizing resolutions, if applicable]
Name and Title
APPENDIX A
Description of the Objectives
and Proposed Execution of the
Urban Technology System
The primary objectives of the UTS program are to
determine :
1) The effectiveness of the institutional
alignment of technology agents, R&D
institutions , and a user representative
system manager in increasing the amount
of technological innovation in a twenty-
seven (27) test site network.
2) Whether such a system can exert a market
aggregation force that will stimulate
private investment in R&D directed toward
the non-federal public sector.
3) Whether the system can result in an
accelerated diffusion of innvoations
among the test sites .
4) Whether a representative and technically
supported network of local government
units can be a useful mechanism for
assisting the Federal Government in
setting R&D priorities .
5) Whether the data collected from the
experiment can provide more information
on how innovation takes place in the
non-federal public sector.
The data generated in conducting the program shall provide the
basis for developing alternative Federal policies for providing
incentives for technological innovation in the non-federal public
sector.
The design of the program is organized to obtain data to evaluate
the extent to which each objective is realized. In particular,
accurate information on cost savings, future cost avoidance,
increases in non-federal R&D expenditures , and improved public
service due to the UTS will be recorded. Comparative information
from control sites will be obtained to determine whether change is
occurring at the same rate outside the Urban Technology System.
Guided by these objectives, the Urban Technology System will
demonstrate and test a delivery system and aid in improving the
provision of public services in local government. Once in operation,
the experimental program will involve a network of 27 carefully
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APPENDIX A (2)
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selected municipal and county governments throughout the United
States , each with an assigned Technology Agent. Public Technology
will provide central management and coordination for the program.
Backup technical support will be drawn from PTI , universities ,
Federal agencies and laboratories, non-profit research institutes ,
and industry.
The program is designed specifically to overcome a number of
obstacles and barriers which have been identified as responsible for
the relatively low level of technological innovation in the public
service sector. Among these are :
1) An adequate science and technology capability.
2) A low level of investment in R&D aimed at
meeting state and local public service sector
needs , both by industry and the Federal
government.
3) Difficulty in getting state and local government
views expressed in the setting of Federal R&D
priorities.
4) An inadequate information exchange mechanism.
5) Little useful knowledge concerning how
innovation takes place in this sector.
Inherent in a technology extension service is the premise that
technology is an important ingredient, and indeed can make a
difference in public service performance and delivery. The basis
for this premise is drawn from many disciplines , from the
accumulation of many years of research findings , from expressions
of issues , interests and priorities by non-federal government
officials , and from PTI operational experience. The high labor-
intensity of state and local budgets (68% for local government current
operations) , offers the opportunity for capital labor substitution
and increasing labor productivity, and the slow pace of innovation
and technological change in certain classes of products and
services consumed by the state/local government marketplace offers
tangible opportunities for beneficial change.
4 Hypotheses to be tested by this experiment are that:
1) The implementation of an urban technology extension
mechanism can stimulate technological innovation
in the public service sector.
2) The joint efforts of a network of Technology Agents
(TAs) can exert a market aggregation force that will
stimulate private investment in R&D directed toward
the public service sector.
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APPENDIX A (3)
3) The sharing of experience by a network of
technically knowledgeable agents can result in
an accelerated diffusion of innovations in
the public service sector.
The TAs will be assigned to counties that offer a full range of
services ( "urban counties") and small-to-medium size cities. The
TA will normally be located organizationally in the office of the
principal administrative official of the city or county. Through-
out the program, 80% of the TA 's time will be devoted to his site ,
and the remaining 20% will be allocated to program coordination,
experiment documentation , and sharing of experiences, under the
direction of PTI . The TA' s essential function will be to define
what elements of the current local problems can be addressed by
improving the technological component and finding the resources
by which that might be done.
In order to meet the objectives of the program, the City and PTI
shall do, perform, and carry out, in a satisfactory and proper
manner, the following:
The Responsibility of PTI and the Technology Agent
In addition to providing the central administration for the
program, PTI will provide an initial technology resource for
the Technology Agents, perform capital formation activities ,
provide the "forcing function" for information exchange, and
manage market aggregation efforts and data collection and
analysis activities .
Another key element to the success of the program will be
the involvement of local government representatives and
other program participants in the program development pro-
cess. To accomplish this , an advisory committee as
described below will be formed: •
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Program Advisory Committee (AC)
Advisory committees will be formed from represen-
tatives of the sites into which the TAs are placed.
The AC will provide detailed guidance regarding the
activities of the TA and overall program operation.
In addition , the ACs will participate in the program
evaluation and review process. An AC will be con-
vened prior to the recruitment and selection of each
group of TAs and will meet periodically throughout the
program in conjunction with regional and national TA
meetings .
During the 80% portion of the TA' s time which is devoted to
services provided to the City, the TA will perform the fol-
lowing roles :
1) A technology broker catalyzing the infusion of
technology into the test site .