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 ".
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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-
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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
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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=
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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-
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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
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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.
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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
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Tischler $ Associates. Inc
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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.
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T schler & Associates. Inc
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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
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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
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