Placement of Measure on the Agenda for the November 13, 2018 Legislative Meeting

COUNCIL OF THE DISTRICT OF COLUMBIA

COMMITTEE OF THE WHOLE

1350 Pennsylvania Avenue, NW

Washington, DC 20004

 

MEMORANDUM

                     

TO:              Nyasha Smith, Secretary to the Council

           

FROM:        Phil Mendelson, Chairman

                                                  

DATE:          November 7, 2018

 

RE:          Request to Place Emergency Measures on the Agenda for the November 13, 2018 Legislative Meeting

 

                               

                I request that the following measure be placed on the agenda for the November 13, 2018 Legislative Meeting:

 

 

PRs 22-1095 and 22-1096 were introduced on October 25, 2018 by me at the request of the

University of the District of Columbia (UDC) Board of Trustees.  The “University of the District of Columbia Exclusive Pouring Rights Agreement with the Bottling Group LLC Emergency Declaration Resolution of 2018” and the “University of the District of Columbia Exclusive Pouring Rights Agreement with the Bottling Group LLC Emergency Approval Resolution of 2018” were introduced on November 5, 2018 by me at the request of UDC.

 

PR 22-1096, “First Amendment to Employment Agreement of Mr. Ronald F. Mason, Jr., as President of the University of the District of Columbia Emergency Approval Resolution of 2018”

 

               This legislation is necessary to approve a five-year extension – from July 1, 2018 to June 30, 2023 – of President Mason’s employment contract with UDC.  The UDC Board of Trustees approved this extension on September 26, 2018.  President Mason has been the President of UDC since July 6, 2015, and the Council approved President Mason’s first employment contract with UDC on June 30, 2015.  Under the five-year extension, President Mason is entitled to receive cost-of-living adjustments (COLA) awarded to non-union UDC employees.  As such, President Mason is entitled to the most recent fiscal year 2018 three percent COLA.  Any future COLAs will depend on the financial condition of the University.

 

                Over the past three years, UDC has made progress under President Mason’s leadership.  The University was reaccredited by the Mid-Atlantic Region Commission on Higher Education (Middle States) in June 2016 and received 11 commendations.  This was impressive, especially since there was concern prior to President Mason’s tenure that UDC may be placed on probationary status.  Additionally, under President Mason’s leadership, UDC has increased its fundraising, increased the number of first-time full-time students attending the flagship, and quelled the distrust between the University administration and faculty and staff.  President Mason has also brought much needed stability to the University.  Given his achievements, it is crucial that President Mason’s contract extension be approved in order to ensure strong, continued leadership of the University.

 

“University of the District of Columbia Exclusive Pouring Rights Agreement with the Bottling Group LLC Emergency Approval Resolution of 2018”

 

                This legislation would approve a ten-year pouring rights contract between UDC and Bottling Group, LLC, which the parent company of PepsiCo and related branded beverage products.  Under the contract, Bottling Group, LLC would be the exclusive supplier of carbonated and non-carbonated, non-alcoholic beverages at the University and would provide the University with an initial $60,000 and a guaranteed annual amount of $91,000 over the ten-year agreement period.  While this is UDC’s first time entering into a pouring rights contract, over 3,000 other four-year colleges have pouring rights contracts.

 

                In an effort to find non-governmental sources of financial support for the University, UDC put out a RFP in March 2018 for an exclusive pouring rights contract, and Bottling Group, LLC was selected by a UDC panel.  When negotiating with Bottling Group, LLC, UDC committed to begin implementation of the contract by October 1, 2018.  However, UDC cannot do so until Council has approved the multi-year contract.  Given that UDC is already a month behind in this commitment, it is imperative that the contract be approved on an emergency basis.  If implementation is delayed much longer, there is a concern that Bottling Group, LLC will choose not to move forward with the contract.