CONSULTANT AGREEMENT
BETWEEN TISCHLERBISE, INC. AND
CITY OF LAWRENCE, KANSAS
THIS
AGREEMENT, entered into this ______
day of __________, 2005, by and between the City of Lawrence, Kansas,
hereinafter called the “City”, and TischlerBise, Inc., hereinafter
called the “Consultant”.
WHEREAS the City is in need of certain services
related to fiscal impact analysis and infrastructure financing; and
WHEREAS the Consultant has expertise in fiscal impact
analysis, infrastructure financing and related activities.
NOW,
THEREFORE, IN CONSIDERATION OF THE COVENANTS HEREIN CONTAINED, and for other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged by each party to the
other, it is hereby agreed as follows:
1. The
Consultant shall provide those services to the City as more particularly
identified in the attached Exhibit “A”.
2. In
performing the services identified in the attached Exhibit “A”, the Consultant
shall perform all steps necessary to the full and effective performance of the
tasks specifically referenced in Exhibit “A”.
3. Consultant
shall provide sufficient qualified personnel to perform all services as
required herein, including but not limited to inspections and preparation of
reports, as reasonably requested by representatives of the City.
4.
The Consultant shall base the analysis on data and information
available at the time of the study.
5. (A)
The term of this agreement shall be from the date of execution of the
Agreement, and shall terminate upon the completion of the Tasks specified in
Exhibit “A”. Optional Task 5, under Implementation/Revenue Strategies may be
completed at the subsequent request of the City.
(B) Notwithstanding the foregoing, this
Agreement may be terminated by the City upon ten (10) days written
notice, with or without cause. If this Agreement is terminated, the Consultant
shall be paid for services performed to the date of Consultant’s receipt of
such termination notice.
6. Any
notices to be given by either party to the other must be in writing, and
personally delivered or mailed by prepaid postage and certified mail, at the
following address:
City: Dave Corliss, Assistant City Manager, City Hall, PO
Box 708, Lawrence, KS 66044.
Consultant: Paul S. Tischler, TischlerBise, Inc., 4701 Sangamore Road, Suite N210, Bethesda, MD 20817. Telephone Number (800) 424-4318.
Facsimile number (301) 320-4860.
7. This
Agreement is non-assignable by the Consultant and its subcontractors.
8. The City shall pay to Consultant the
amounts indicated in Exhibit “B” for those tasks requested. Invoices will be
issued by the Consultant to the City on a percentage completion basis.
Payment will be made by the City within 30 days of receipt of invoice.
9. This
Agreement shall be construed under the laws of Kansas.
10. This
Agreement and Exhibits “A” and “B” represent the entire and integrated
Agreement between the City and the Consultant and supersede all prior
negotiations, representations, or agreements, either written or oral. This
Agreement may be amended only by written instrument signed by both the City
and the Consultant. Written and signed amendments shall automatically become
part of the Agreement, and shall supersede any inconsistent provision therein;
provided, however, that any apparent inconsistency shall be resolved, if
possible, by construing the provisions as mutually complementary and
supplementary.
11. In
the event any provision of the Agreement shall be held to be invalid and
unenforceable, the remaining provisions shall be valid and binding upon the
parties. One or more waivers by either party of any provisions, terms,
conditions, or covenant shall not be construed by the other party as a
subsequent breach of the same by the other party.
12. The
Consultant hereby agrees to indemnify and hold harmless the City, its
departments and divisions, its employees and agents, from any and all claims,
liabilities, expenses or lawsuits caused by the Consultant’s breach of contract
or the negligent performance by Consultant (or by any person acting for the
Consultant or for whom the Consultant is responsible).
13. The
Consultant shall secure and maintain during the life of this Agreement,
insurance coverage which shall include comprehensive general and automobile
liability in the amount of at least $1,000,000.00 coverage with an insurer
acceptable to the City. Consultant shall also maintain errors and
omissions insurance in the amount of at least $250,000.00 for the duration of
the contract and a period of two years after completion of the contract.
Consultant shall provide the City with proof of such insurance in a form
acceptable to City upon request.
14. No
oral orders, objection, claim, or notice by any party to the other shall affect
or modify any of the terms or obligations contained in the Agreement, and none
of the provisions of this Agreement shall be held to be waived or modified by
reason of any act whatsoever, other than by a definitely agreed waiver or
modification thereof in writing. No evidence of modification or waiver other
than evidence of any such written notice, waiver, or modifications shall be
introduced in any proceeding.
IN
WITNESS WHEREOF, the parties have
caused the Agreement to be signed by their duly authorized representatives as
of the ______ day of __________, 2005.
CITY:
___________________________
NAME
Lawrence, Kansas
CONSULTANT:
___________________________
Paul
S. Tischler
TischlerBise,
Inc.
EXHIBIT A
Cost of Land Use
Analysis
TischlerBise
will review up to ten land use categories suggested by the Client and suggest
any changes. This may include hypothetical land use categories such as one
reflecting new urbanism characteristics. (TischlerBise can provide assistance
defining these land use prototypes during our onsite visit for Task 2, which is
assumed to be over a 2-3 day period.)
Based
on interviews with City service providers, we will assign costs and revenues to
each land use prototype based on factors such as household size, vehicle trip
generation rates and employment density.
Based
on the above tasks TischlerBise will calculate the fiscal impact results by
prototype land use.
A succinct fiscal impact report
will be prepared discussing the full cost
allocation for each prototype land use. The report will discuss the average share of capital costs, operating
expenses and revenues by land use type. The residential results will be
presented on a per unit basis and the nonresidential on a per 1,000 square foot
basis. There will be graphs as well as tables showing the net surplus
or deficit for each of the land use categories. This should be beneficial in
understanding the appropriate mixes of different types of land use. The table
of contents may be as follows:
-
Executive Summary
-
Average Annual Results by Prototype
-
Fiscal Implications
-
Annual Revenue by Prototype
-
Annual Costs by Prototype
-
Cost and Revenue Assumptions
A draft report will be provided
to the client for review. After mutually agreed changes are made, a final
report will be sent.
TischlerBise will present the
findings of the cost of land use fiscal analysis report.
Fiscal Analysis of
Growth Alternatives
To assist the City in defining
scenarios, TischlerBise will conduct a "brainstorming" session with
City staff and other selected parties during the afternoon of day one and on
the morning of day two. The intent is to agree on the land use categories,
scenarios, timeframe and other relevant topics. The population, household and
employment projections should be made to the year 2015 or 2025. After the City
completes the scenario projections and prepares the accompanying narrative, the
firm will prepare a memorandum reflecting the comments on projections for each
scenario.
In this task we will conduct
onsite interviews with City personnel and other selected parties. The purpose
of these onsite interviews is to provide TischlerBise with an understanding of
the department structure and scope of operations, discuss facility-related
variable costs and other operating expenses, as well as discuss and agree upon
methodologies for forecasting future demand for services and facilities. The
demand sources for the various services and facilities will vary by activity
and department. The firm will supplement this task with our extensive national
experience conducting fiscal impact analyses. This experience allows us to
facilitate meaningful conversations with service providers and identify cost
drivers for specific services that can vary due to the unique characteristics
of a jurisdiction.
In
discussing capital facility needs with the City, we are likely to utilize one
of two approaches. One approach will be direct entry of capital facility
information, if it is known through the CIP that the facility will be
constructed and will partially or fully serve new growth. A second is for the
fiscal impact model designed for this assignment to calculate the need for new
capital facilities as a function of the existing available capacity.
Information obtained during the previous task will be
prepared in a Level of Service, Cost and Revenue Factor Memorandum. This
memorandum will show the different cost components for the various service
providers, including both facility and non-facility related operating expenses,
methodologies for forecasting future capital facility needs and associated
operating expenses. The memorandum will also contain a separate chapter
showing revenue sources and associated projection methodologies.
Based on the methodologies and
factors contained in the Level of Service Memorandum prepared in the previous
task, TischlerBise will develop the fiscal model for this assignment.
TischlerBise
will prepare a draft fiscal impact report that describes in succinct fashion
the fiscal findings for the different scenarios that are discussed. It is
anticipated the report will have the following categories.
-
Executive Summary
-
Cumulative Fiscal Results By
Alternative
-
Annual Fiscal Results By
Alternative
-
Average Annual Fiscal Impact
Results By Alternative
-
Major Revenue Findings
-
Major Capital Cost Findings
-
Major Operating Expense
Findings
The
fiscal report will be a stand-alone document, which will be clearly understood
by all interested parties. The analysis will address each scenario. The
fiscal impact report will present all of the major findings and the reasons for
the results. This will include issues regarding differences between the
scenarios, staging, and other issues. After Client review, the final report
will be issued.
TischlerBise will present the
findings of the fiscal impact report. (Additional meetings will be conducted
on a per diem basis.)
The fiscal impact analysis will
establish the context in which the demand for City services and infrastructure
is occurring. It will also project the likely shortfall to fund this demand.
This will ensure a complete understanding of the current situation and provide
a level base from which all stakeholders can begin the discussion and
understanding of financing options. The following tasks are recommended to
provide a complete analysis of the financing options available to the City to
fund its infrastructure and service delivery needs.
Task 1: Analysis of Infrastructure Financing Options
This
task includes several subtasks. The objective is to produce a “matrix” of financing
options, the pros and cons of which can be viewed according to several factors.
a.
Description of Financing Options – TischlerBise
will provide a detailed narrative describing each financing option.
b.
Financial Requirements and Limitations of Financing Options
– In this subtask TischlerBise will evaluate how the various financing
options fit in the City’s overall fiscal structure and financial management
policies. This subtask also involves TischlerBise evaluating the revenue
alternatives using a variety of fiscal measures in the categories of yield,
volatility, predictability, and equity.
c.
Legal Requirements and Limitations of Financing Options – In
this subtask, Elizabeth Garvin, a land use attorney from HNTB, will examine the
City’s ability to legally expand and/or increase existing revenue sources and
rates. Components of this subtask include citing specific sections of the
Kansas Statutes, state case law, federal legal precedents, and steps the City
would need to enact revenue alternatives. This will also include an
examination of legal limitations on revenue alternatives.
d.
“Appropriateness” and Applicability of Financing Options
– Based on our on site work and national and state experience, we will evaluate
the possible effect of the financing strategy on the greater Lawrence
community. We will evaluate the revenue alternatives based on non-legal,
non-financial factors such as public acceptance, administrative feasibility,
cost of implementation, and technical ease.
Task 2: Public Participation and Education
As
part of this process we will collect input from stakeholders. This will
include residents, neighborhood associations, developers, affected public
entities and others. Our products and presentations will allow those
designated by the City to understand the background, reasoning, and approaches
utilized in this process and raise any questions about the information being
used.
No matter what techniques are
used, TischlerBise and HNTB recognize that a proactive approach to public involvement
leads to successful projects. Involving the public early in the planning and
decision-making process greatly reduces the possibility of schedule delays,
budget overruns and costly legal processing during later design and
construction phases.
TischlerBise will prepare a draft
report which will include at a minimum the following information:
Ø
Executive Summary.
Ø
A detailed description of revenue alternatives available.
Ø
A “matrix” of revenue options available to the City, how they are
apportioned and the pros and cons.
Ø
Financial and legal information which adequately explain the
financing options available to the City.
Following the City’s review of
the draft report, we will make mutually agreed upon changes and issue the final
report.
Task 4: Presentation of Financing Options Report
We will present the findings and recommendations to the
City Council.
Task
5: Implementation of
Financing Options (Optional)
The consultant team will assist
the City in implementing the financing options. This task might include the
following subtasks:
Ø
Additional presentations to citizens, stakeholders.
Ø
Assistance in preparing ordinances (if legal action is needed for
implementation).
Ø
Presentation to state legislators, municipal associations, etc.
(if state enabling legislation is required for implementation).
Ø
Analysis of revenue alternatives for achieving “revenue neutral”
proposals for raising revenues or implementing new revenue sources.
The estimated project timeline is
presented on the tables on the following pages. The estimated time to
completion is eight months. This assumes timely delivery of data from City
staff, as well as expeditious review of submitted work products.
