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8702" 267 1 2 RESOLUTION NO. 8,702 3 A RESOLUTION AUTHORIZING THE CITY 4 MANAGER TO ENTER INTO A CONTRACT 5 WITH TISCHIER AND ASSOCIATES, INC., 6 FOR THE PURPOSE OF WORKING WITH CITY 7 OFFICIALS, BUSINESS AND NEIGHBORHOOD 8 LEADERS TO DEVELOP GOALS FOR THE FUTURE OF THE CITY OF LITTLE ROCK. 9 10 WHEREAS, the Board of Directors of the City of Little Rock, 11 Arkansas, in conjunction with the citizenry, has concluded that 12 it is necessary and proper to develop a strategy for identifying 13 and setting goals for the future of the City of Little Rock; and 14 WHEREAS, it is the intent of the Board of Directors to 15 involve diverse groups of citizens in developing City goals for 16 the future; and 17 WHEREAS, in order to involve as many interests as possible 18 and to properly identify City goals, the Board has determined that proper organization and professional advice is critical to 19 developing an appropriate plan for the future. 20 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF 21 THE CITY OF LITTLE ROCK, ARKANSAS: 22 SECTION 1. The City Manager is hereby authorized to enter into a contract with Tischler and Associates, Inc., to provide 23 services to the City in connection with the development of City 24 goals for the future. 25 26 ADOPTED: May 5, 1992 27 ATTEST: APPRO D: 28 n 1.0.x, . �dl..A.[ n G� 0 ROBBIE WINCOCK ON PRIEST 29 CITY CLERK MAYOR 30 31 APP // VED AS TO FORM: 32 R asp l�l OMAS M. CARPEN R 33 CITY ATTORNEY 34 35 36 ° __ '7 • 268 AGREEMENT FOR SERVICES BY AND BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS AND TISCHI" & ASSOCIATES, INC. AGREEMENT BADE this day of April, 1992, by and between the CITY OF LITTLE ROCR;-A2KANSAS, hereinafter referred to as "Client"; and TISCHLER S ASSOCIATES, INC., a corporation duly organized under the laws of the District of Columbia, having a usual place of business at 4701 Sangamore Road, Bethesda, Maryland 20816, hereinafter referred to as the "Contractor ". g -5V C'—/ 2Q9 SECTION I SPECIAL PROVISIONS I.1 Definitions "Client" shall mean the City of Little Rock. "Program Director" assigned to this contract is Tom Dalton, City Manager, Little Rock. "Contractor" shall mean: Tischler & Associates, Inc. 4701 Sangamore Road Bethesda, Maryland 20816 301/320 -6900 whose authorized representative is Paul S. Tischler, or any successor corporation, who is responsible for the performance obligation of the contractor under this contract. I.2 Contract Period The term of the entire contract shall not exceed an eight (8) month period from date of authorization. I.3 Provision of Services The Contractor hereby agrees to provide the services to the Client as outlined in Attachment A, Scope of Work. I.4 Basic Services /Added Services Additional services provided at Client's request (which for expediency may be authorized orally, but confirmed later in writing), shall be at the prevailing rates. I.5 Initial Deposit N/A I.6 Method of Payment The Contractor will submit invoices identifying the services performed and product(s) completed, pursuant to the scope of work outlined in Attachment A. The invoice will cite the project number, date of services and a brief description of the activities /services performed. Upon receipt of the monthly invoice, the Client will make payment to the Contractor, net 30 days. After 30 days, interest will accrue at 1.50. The Client will pay all costs of collection, including attorneys fees, upon default of such invoices, whether suit is brought or not. -2- ,c -5�i M � m min M M MM M m m r m f 270 SECTION II GENERAL PROVISIONS II.1 Modifications or Changes to the Contract All Modifications and changes to the contract will be in writing. Any change made in the Scope of Work (Attachment A), whether or not such change causes a change in the cost and /or time for performance of the work, must be mutually acceptable to both the Client and the contractor. Such changes will be specifically designed as a °Change order" and will be signed by both parties. The contractor is not authorized or obligated to undertake any work under a change order until the change order is signed by both parties. Upon issuing a contractor that additional cost event the Clien contractor is not change order. change order, the Client will assure the there are sufficient funds to cover the of the changes to the Scope of Work. In the t is unable to so assure the contractor, the obligated to perform the work described in the once authorized, the work under a change order will be billed to the client in the same manner and under the same terms as work under this contract (see Section I.7). II.2 Compliance with Equal Employment Opportunity Requirements The contractor complies with Title VI of the Civil rights Act of 1964 (P.L. 88 -352). In addition, the contractor complies with the Age Discrimination Act of 1975, 42 U.S.C. §6y101 et. sea. which prohibits discrimination in hiring on the basis of age. II.3 Termination Either party may terminate this contract by a notice in writing effective upon thirty (30) calendar days. If the contract is terminated by the client, the Contractor will be paid for the work done and remaining to be done on any and all tasks underway at the time of termination (see Scope of Work), unless the contract is terminated by the Client for cause, in which case the contractor will be paid an amount which bears the same ratio to the total compensation as the services performed to the date of the termination bears to payment of compensation previously made: Provided, however, MMA will be reimbursed (in addition to the above payment) for that portion of the actual out -of- pocket expenses (not otherwise reimbursed under this contract) incurred by MMA during the contract period which are directly attributable to the uncompleted portion of the services covered by this contract. Provided further, the Contractor understands that the Client operates in accordance with an annual budget. In the event funds are not appropriated for the contract beyond the current fiscal year, Client may immediately terminate the contract without any -3- P_-54 C _3 M maw= M M :M M. M �^ 271 further liability, except for any out -of- pocket expenses which remain due and payable to Contractor at the time of termination. Notice of termination will be given in writing within a reasonable time, as determined by the Client, and shall be effective upon the completion of services currently funded. II.4 Conflict of Laws Unless otherwise specified, this agreement will be governed by the laws of the State of Arkansas. 12.5 Conflict of Interest To the best of the contractor's knowledge, the contractor covenants that it presently has no interest and will not acquire any interest, direct or indirect, in the Little Rock area or any parcels herein or any other interest which would conflict in any manner or degree with the performance of its services hereunder. The contractor further covenants that in the performance of this contract, no person having any such interest will be employed. II.6 Examination of Records The contractor agrees that the Client, or any duly authorized representative, will, until the expiration of three (3) years after final payment thereunder, have access to and the right to examine and copy any directly pertinent books, documents, papers and records of the contractor involving transactions related to this contract. The period of access provided herein for records, books, documents and papers which may relate to any arbitration, litigation, or the settlement of claims arising out of the performance of this contract or any subcontract will continue until all appeals, arbitration, litigation or claims will have been finally disposed of. II.8 Findings Confidential Any reports, information, data, etc. given to or prepared or assembled by the contractor under this contract which the Client requests to be kept as confidential will not be made available to any individual or organization by the contractor without the prior written approval of the Client. II.9 Compliance with Local Laws The contractor will comply with all applicable laws, ordinances and codes of the state and local governments. II.10 Objectivity of Recommendations It is understood recommendations are Contractor cannot recommendations that To protect the Client the Contractor's wor by the Commission that Contractor's objective and impartial and that the guarantee results flowing from the will result from the proposed assignment. and to ensure that the research results of c will continue to be accepted as objective Q= r- 272 and impartial, it is understood that the Contractor's fee for the undertaking of this project is in no way dependent upon the specific conclusions reached. II.11 Attachments The following documents -- Attachment A and Attachment B -- are hereby incorporated herein by reference. II.12 Entire Agreement This contract will constitute the whole agreement between the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this contract will supersede all previous communications, representations, or agreements, written or verbal, between the parties. CITY OF LITTLE ROCK TISCHLER & ASSOCIATES, INC. Tom Dalton, Cxty ager Paul S. T!schleF-,--VFe-s-x-cTe-n-E- f Q.� 5K C -5- M min TECHNICAL PLANNING TRACK WORK SCOPE 1. Determine Land Use Scenarios To Be Evaluated A � � Based on the above products, TA will work with City staff to formulate hypothetical land use and development alternatives to evaluate. This task will allow all interested parties to understand ways in which the City of Little Rock may develop in the future with and without intervention strategies. Based on TA's onsite visit and its past experience, four alternatives may be appropriate for the City to evaluate. These are: • Trends - Assuming a continuing western increase and eastern decline in residential and nonresidential activity. This will reflect the status quo. • Trends with deterioration - The only difference between this and the first alternative is the quantification of the fiscal costs of continued deterioration in the neighborhoods. • Employment variable - In this alternative the assumption is that the residential development of the base-case will remain the same but that employment will increase due to an improved image of the City, etc. This alternative will include the net benefits of nonresidential development. • Annexation - the question of the likely fiscal effects on the City due to annexation will be evaluated in this alternative. This will help in answering the question of whether the City should extend services south to the County line and receive City revenues in return. These scenarios will be expressed in terms of increased population, housing by type, employment and nonresidential floor area by type for a 10 year forecast. A written rationale will be provided so that al] interested parties can understand the reasonableness of these assumptions as proxies for possible future development in the City. A report will be written describing the rationale for the scenarios by subareas and type of development. The scenarios will be presented to the Steering Committee. Two trips are anticipated. One will be to work with City staff and the other will be to present the recommended scenarios. Once TA receives written comments, TA will re -issue the report with mutually agreed upon changes. 2. Collection of Local Level of Service and Cost and Revenue Factor Information This task begins the important product of determining the demands for City services (including capital facilities) and the resulting fiscal consequences for each alternative on 9-54 C—Ca a case study - marginal cost approach. In other words, what level of service and cos F74 relationship does the City now provide and what will the future demands. be? Then the City will understand the effects of employment, disinvestment, annexation and the status quo. TA will use the case study approach in which the level of service and cost and revenue factors unique to the City of Little Rock are used in the fiscal analysis. A series of interviews will be conducted with personnel representing all relevant City activities. TA will be primarily responsible for the collection of level of service and cost and revenue factor information. It is important to note that the emphasis will be placed on a marginal, versus average, fiscal impact approach. The marginal approach considers available facility capacities while the average approach does not. The marginal approach can reflect geographic differences while the average approach does not. TA will design the FISCALS fiscal analysis system for Little Rock and use it in this assignment. Based on meetings in Little Rock, the level of service and cost and revenue information obtained will be reflective of up to five subareas of the City. For example, when discussing parks; different available capacities of parks within various subareas can be calculated. To the extent that these can be. articulated, they will be reflected in the FISCALS system. Three trips by TA staff are budgeted 3, Land Planning and Development Issues - Initial Analysis This initial land planning and development issues assessment is designed to provide generalized information early in the process that can be used by the planning team and the client group. LDR International, Inc, will spend several days on site to ascertain major land planning and development issues which may be further analyzed later in the process. Findings of this task will help parties to better understand some of the planning and development issues. The LDR assessment will look at the City and surrounding growth areas as well as the downtown, a proto-typical older neighborhood and the southwest area. Specific sub -tasks will include: • Work sessions with City planning and other City departments • Careful assessment of available planning maps, aerial photographs and published material relative to development trends. • Generalized field survey of the downtown and southwest areas. • Preparation of City -wide development opportunities and constraints map. • Preparation of downtown - development opportunities and constraints map. • Preparation of summary memorandum outlining key findings, conclusions and recommendations. • Meeting with client to review this task memorandum and assessment maps. • Presentation to Steering Committee 3 T schler & Associates. ^ 70SSY 2 Z331HDS11 e9811 OZ£ 10£ZI 9V ;ZT Z6 /LZ /1 275 4. Preparation of Level of Service and Cost and Revenue Factor Document TA will prepare the level of service and cost and revenue factor narrative for review and "sign -off" by the City. Once all mutually agreed upon changes are made, TA will reissue the written narrative. The narrative will serve as an Appendix for the final report and will be a stand alone document. The document will serve as a reference source which interested parties can review to understand the level of service and cost and revenue factors and the supporting rationale. This will be a first time document for the City. The assumptions in the document will be presented to the Steering Committee. 5. Run the FISCALS System TA will enter the relevant demographic, land use, level of service and cost and revenue factor information and run the FISCALS fiscal impact system. The FISCALS system will be uniquely tailored for Little Rock. The City departments will not be asked to calculate the future demand for capital facilities and services ten years from now. Instead FISCALS will calculate the needs for new capital facilities, the capital costs, associated operating expenses, other operating expenses and all relevant revenues for each alternative. Where it is known that a facility will be completed at a certain point in time, TA will enter this information directly into FISCALS and any functional calculations will be overridden. 6. Analvze Fiscal Results Due to Growth TA will analyze the fiscal results of the alternatives due to growth and ascertain the major reasons for the fiscal Findings. The expertise of the TA staff in fiscal as well as planning and economic consulting will be beneficial in analyzing the additional demands for City services, capital facility needs, capital costs, operating expenses and revenues and fiscal impacts. 7. Prepare Fiscal Impact Report A draft fiscal impact report will be prepared and submitted for review by the City. The report will have an executive summary as well as sections on cumulative costs, annual costs, cumulative revenues, annual revenues, the net fiscal impacts, and major reasons for the findings. Major impacts on relevant departments will also be discussed. The discussion will include major findings for different subareas of the City, if appropriate. An outline is as follows: I. Executive Summary II. Nature of the Assignment 3 R_ t( 5 Tischler $ Associates. Inc M M III. Summary of Land Use Alternatives 276 IV. Cvmulative Fiscal Impacts by Alternatives V. Annual Fiscal Impacts by Alternatives VI. Major Findings Regarding Revenues VII. Major Findings Regarding Department Costs Another important section in the report will be the capital facility needs due to growth under each of the alternatives evaluated. Based on FISCALS calculations, TA will be able to discuss the following, where appropriate: new facility needed, cost, method of financing (allowing for lag -lead time), schedule, annual available capacity, associated operating expenses and other features. This discussion will reflect additional facility needs, in most cases beyond the proposed City CIP. The fiscal report will be a stand alone document which can be clearly understood by all interested parties. After the City reviews the draft, the consultant team will issue a final report based on any mutually agreed upon changes. The results will be presented to the Steering Committee. 8. Discussion of Issues Facing Minorities In this task members of the consultant team will discuss the opportunities and limitations faced by minorities in obtaining housing, loans, jobs and other issues. The topics discussed will be based on findings of the previous tasks as well as interview findings of MMA. A report will be prepared in draft and then final for the City. It will be distributed to the Steering Committee. No presentation is budgeted, although one on -site visit is scheduled. 4. Possible Strategies and Implementation Techniques A compilation will be prepared of economic developmen ✓growth management techniques, including a short description of the technique, where the technique has been used most effectively and current legal contraints for use in Little Rock. After issuing the draft, Nancy Stroud of Burke, Bosselman and Weaver, will meet with staff to review the initial compilation and to identify the most appropriate techniques for further study. This will also help to identify local concerns and other issues regarding the use of each technique in Little Rock. A first draft of the growth management techniques report (approximately 50 pages) will be prepared. The report will be a compilation of selected techniques with analysis of each technique's applicability to Little Rock, especially to neighborhoods and the downtown core since there may be a need for intervention. This draft will include a bibliography. A presentation will be given to the Steering Committee. 4 T schler & Associates. Inc 2 -,5 -4 C- 9 277 10. Summary Report of Consultant Team The major findings will be prepared in report form by the consultant team. The categories could be as follows: • Market & Economic Possible Strategies & Implementation • Planning Techniques • Capital Facilities Community Findings. Concerns, Fiscal Impact Opportunities & Suggestions • Minority Issues This report will be presented to the Steering Commirtee. 11. Meetings /Presentations Meetings and presentations which are not scheduled as reflected in the tasks will be billed on a time and expense basis. Also, five copies of draft products and ten copies of final products, plus originals, will be provided for all technical tasks. POST PHASE ONE ACTIVITIES There are a number of possible activities which may be very beneficial after the conclusion of Phase 1. These include the following: Specific Plans - which would be developed for subareas or prototypes. Fiscal Alternatives and Strategies - the evaluation of other alternative development scenarios and fiscal strategies. Infrastructure Replace- ment Needs - the evaluation of capital facility replacement needs due to existing deficiencies and the related costs. Economic Development Strategies - the development of strategies which will encourage additional economic growth. S TisChler & Associates. In FEE SCHEDULE • 278 TASK 1. Determine Land Use Scenarios To Be Evaluated 2. Collection of Local Level of Service and Cost and Revenue Factor Information 3. Land Planning and Development Issues - Initial Analysis 4. Prepare Level of Service and Cost and Revenue Factor Document 5. Run the FISCALS System 6. Analyze Fiscal Results Due to Growth 7. Prepare Fiscal Impact Report 8. Discussion of Issues Facing Minorities 9. Possible Strategies and Implementation Techniques 10, Summary Report of Consultant Team 11. Meetings/Presentations Subtotal: OPTIONS - Market & Economic Assessment - Probable Task after City -Wide Vision Event - Specific Plans - Fiscal Alternatives and Strategies - Infrastructure Replacement Needs - Economic Development Strategies TOTAL: 0 'n (i(i �.71 1ncCF' n Y. ^ -"1 LllC1I COST S 10,600 $ 22,300 S 16,700 S 22,600 $ 11,500 S 7,400 $ 12.300 S 4,700 S 14,400 $ 12,400 Not Priced $134,900 $ 39,800 not priced not priced not priced not priced not priced $174,700 5LI C-'t Tlschler 8 Associates. inc. (10t,+ n7£ Tnp.O. ()d: 7.1 7.R /17 /1 n • 279 N O o, 1 U I I z I� U < I; W II I! E y� j V .� C •FJ BE. U C - •R y A � fi7 O w 9 T Q 't 'Du U D L ..F� •? E Y V C G .'3G sa N i i� T schier & Associa PL es In c C_