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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 _x+r "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. 4 -2- 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 4 • -3- 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. 4 -4- 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. -5- 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. • (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 4 -6- 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, • -7- 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. -8- (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. 4 -9- (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. 4 -10- 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 4 -11- 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 4 APPENDIX A (2) • 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. 4 f • 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: • • 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 .