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5447 RESOLUTION NO 5,447 A RESOLUTION AUTHORIZING THE EMPLOYMENT OF BOOZ , ALLEN AND HAMILTON, INC. FOR THE PUR- POSE OF CONDUCTING A LAND USE STUDY; AND FOR OTHER PURPOSES BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. The firm of Booz , Allen & Hamilton, Inc. , 555 California Street, San Francisco, California is hereby employed by the City of Little Rock to act as consultants in the development of Land Use Policy Guidelines for the City of Little Rock. Costs of the employment shall not exceed the sum of $75, 000 .00, which funds have been heretofore set aside from Revenue Sharing funds . A copy of the Agreement between the City and Booz , Allen & Hamilton, Inc. is attached to this Resolution as Exhibit "A" . SECTION 2 . This Resolution shall be in full force and effect from and after its adoption. ADOPTED: November 18, 1975 ATTEST:•/ APPROVED: City Cle Mayor • KLLw EXHIBIT A AGREMEI'TT '10 ASSIST 12.011 stx ) c.. PE_ L reAlL THE crry or LIT-.727. ,;oc.:, ARI:AUSAS ef f l et NYStIF (P1�"i�S) This Agreement is made this 10th day of November, 1975 by and between �U the City of Little Roc::, Arkansas (herein referred to as the "City") and Boor, Allen Hamilton, Inc. , 555 California Street, San Francisco, California (herein referred to as "Booz, Allen") . The City and Booz, Allen agree as follows: 1. The City agrees to engage Booz, Alien and hereby does engage Door, Allen to perform and Booz, Allen agrees to perform, the professional consulting services for the City generally as set forth in the .'or1: Plan, pages I-22 through I-27, of Door, Allen's proposal to the City dated August 19, 1975, which is attached herewith as Exhibit "A" and made a part hereof in its entirety as if set out herein word for word and consisting of pages I-1 through I-29 and II-1 through II-53. Said services shall be performed by Booz, Allen generally within the context of the Understanding and Approach, pages I-6 through I-21 of said proposal. Said services shall consist of three phases as follows: Phase I - Analysis of Current Growth Trends and Implications Development of Growth Policies for Little Roc'.:. Phase II - Evaluation of Existing Development review Procedures and Alternative Growth Guidance Systems. Phase III - Testing and Implementation of a Land Use Guidance System for Little Rock. 2. The services of Door, Allen under Phase I shall begin on November 21, 1975 and shall be completed by approximately February 20, 1976. Subject to paragraph 4 below, Phase II shall begin on March 0, 1976 and shall end on approximately May 7, 1976. Subject to paragraph 5 below, Phase III shall begin on May 24, 1976 and shall end on approximately July 2, 1976. 3. As consideration for the professional services to be performed by Booz, Allen under Phase I, the City agrees to pay Dooz, Allen the lump sum of ;35,000 upon receipt of invoices from Door, Allen in three install- ments as follows: January 1, 1976 - `;12,000; February 1 , 1976 - S12,000; March 1, 1976 - : 11 ,000. Subject to paragraph 4 below, the City agrees to pay Door, Allen the lump sum of ;30,000 for Phase II upon receipt of invoices from Booz, Allen in three installments as follows: April 1, 1976 S10,000; May 1, 1976 - ;10,000; May 15, 1076 - `;10,000. Subject to para- ' graph 5 below, the City agrees to pay Door, Allen the lump sum of 510,000 for Phase III upon receipt of an invoice from Dooz, Allen as follows: July 15, 1976-S10,000. 4. Upon the conclusion of Phase I, and prior to the scheduled com- mencement of Phase II, the City and Door, Allen shall meet to determine if there are any changes in the actual scope of work to be completed and whether or not the price of Phase II should be adjusted to reflect the changes in the scone of work. If the City decides that there will be no substantial changes in the scope of won :, then the price of Phase II shall remain ':30,000. If the City and Booz, Allen agree that a change is to be made, then they shall agree to revise the price. In the event that the City and Door, Allen are unable to agree to a revised price, the City shall have the option of requiring Booz, Allen to complete Phase II as per the AGfa IENT TO ASSIST - TIIE CITY OF LITTLE ROCK, ARKANSAS page 2 proposal (Exhibit "A") or terminate the agreement, limiting this agreement to Phase I only. Should there be a revised price, said price shall be substituted in paragraph 3 above for Phase II and the three installments shall be one-third of said revised price. 5. Upon the conclusion of Phase II, and prior to the scheduled commencement of Phase III, the City and Dooz, Allen shall meet to determine if there are any changes in the actual scope of wort: to be completed and whether or not the price of Phase III should be adjusted to reflect the changes • in the scope of work. If the City decides that there will be no substantial changes in the scope of work, then the price of Phase III shall remain $10,000. If the City and Door, Allen agree that a change is to be made, then they shall agree to revise the price. In the event that the City and Dooz, Allen arc unable to agree to a revised price, the City shall have the option of requiring Dooz, Allen to complete Phase III as per the proposal (Exhibit "A") or terminate the agreement, limiting this agreement to Phase I and II only. Should there be a revised price, said price shall be substi- tuted in paragraph 3 above for Phase III, G. Dooz, Allen shall provide the City with a written certificate at the conclusion of each phase performed hereunder stating the total number of days expended by Door, Allen while performing that Phase of work. 7. All information, data, reports and support as set forth in Dooz, Allen's proposal to the City dated August 19, 1975, and as needed for carrying out the work under this Agreement, shall be provided to Dooz, Allen without charge by the City. . 3. Failure of the City to accept the independent conclusions and recommendations of Door, Allen on the basis of differences of professional opinion shall not be the basis either for nonacceptance of the wort: performed by Door, Allen or for nonpayment to Dooz, Allen. However , notwithstanding this paragraph, the City shall have the right to refuse to accept the work performed by Door, Allen and to refuse to pay for same i_ in the opinion of the City said work is not performed satisfactorily. 9. The City and Door, Allen represent and warrant to each other that each is authorized and empowered to enter into this agreement by the sig- natures below, and the City represents warrants to Boor, Allen that funds are available for payment to Door, Allen hereunder without the further consent or authorization of any other person or organization. 10. It is mutually agreed by the parties hereto that this contract shall be considered an Arkansas contract and shall be interpreted, construed and enforced according to the laws of the State of Arkansas. In Witness thereof, the City and Boor, Allen have executed this Agreement as of the day and year first above written. TIV: CITY OF LITTLE ROCK, ARKANSAS BOOZ, ALLEN IL1l.MILTON Inc. BY: BY: NAf-ff : NAME: TITLE: TITLE: