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HomeMy WebLinkAbout236-05 RESOLUTION• • RESOLUTION NO. 236-05 A RESOLUTION AWARDING A CONTRACT IN AN AMOUNT NOT TO EXCEED $225,000.00 TO DOVER, KOHL AND PARTNERS TO FACILITATE A PUBLIC PARTICIPATION PROCESS FOR THE CITY PLAN 2025; APPROVING A CONTINGENCY IN THE AMOUNT OF $25,000.00; AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $250,000.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas, hereby awards a contract in an amount not to exceed $225,000.00 to Dover, Kohl and Partners to facilitate a public participation process for the City Plan 2025. A copy of the contract, marked Exhibit "A" is attached hereto and made a part hereof. Section 2. That the City Council of the City of Fayetteville, hereby approves a contingency in the amount of $25,000.00. Section 3. That the City Council of the City of Fayetteville, hereby approves a Budget Adjustment in the amount of $250,000.00. PASSED and APPROVED this 6th day of December, 2005. ,amunnq `�" E.ik ,, A ,,,, APPROVE •,w �� •O1c • -->2 •`Si.ce) ~.>- 1w-- Z,,Z= By ,'"i'a ••\`PSl By:, SONDRA SMITH, City Clerk ATTEST. Arkansas, Arkansas, DAN COODY, Mayor • • SERVICES AGREEMENT OR PROFESSIONAL SERVICES AGREEMENT This Agreement is entered into this AA day ofmbcr , 2005 by and between the City of Fayetteville, a municipal corporation of the State of Arkansas ("City") and The Image Network, Inc d/b/a Dover, Kohl, & Partners, a Delaware Corporation whose offices are located at 1571 Sunset Drive, Coral Gables, Florida hereafter called "Dover Kohl". In consideration of the mutual covenants and promises herein contained, Dover Kohl and the City agree as follows: TERMS: 1. TERM: The tem) of this Ageement shall be eight months, commencing on the effective date hereof. Dover Kohl agrees that it will be able to complete performance of the Contract Services within the Initial Term, subject, however, to delays beyond Dover Kohl's reasonable control. 2. SCOPE OF SERVICE: A. Dover Kohl agrees to provide the Services as specifically described, and subject to the special terms and conditions set forth in Attachment "A" hereto, which by this reference is incorporated into and made a part of this Agreement. • • B. Dover Kohl represents and warrants to the City that: (i) it possesses all qualifications, licenses and expertise required for the performance of the Services; (ii) it is not delinquent in the payment of any sums due the City, including payment of permits fees, occupational licenses, etc., nor in the performance of any obligations to the City, (iii) all personnel assigncxl to perform the Services are and shall be, at all times during the term hereof fully qualified and trained to perform the tasks assigned to each; and (iv) the Services will be performed in the manner described in Attachment "A". 3. COMPENSATION: A. The amount of compensation payable by the City to Dover Kohl shall be based on the rates and schedules described in Attachment "B" hereto, which by this reference is incorporated into this Agreement; provided, however, that in no event shall the amount of compensation exceed Two Hundred Twenty Five Thousand Dollars (5225,000.00), including all labor compensation and direct and normal expenses incurred in completing its professional research and advisory services to the City's Planning Division B. Dover Kohl shall send invoices to the City no more frequently than once per month, reflecting compensation due for services rendered by Dover Kohl and reimbursement due for expenses incurred by Dover Kohl. All invoices are payable upon receipt by the City. if payment for an invoice is not received within sixty (60) days of the invoice date, Dover Kohl reserves the right to suspend per- fomnance of Contract Services until Dover Kohl receives all payments due. All submitted invoices from Dover Kohl shall be accompanied by sufficient supporting documentation and contain sufficient detail, to allow a proper audit of expenditures, should City inquire one to be performed. Dover -Kohl / City of Fayetteville City Plan 2025 Contract 2 • • 4. OWNERSHIP OF DOCUMENTS: To assist Dover Kohl in performing the Contract Services, the City shall fumish to Dover Kohl, without charge, copies of all available background reports, memoranda, correspondence, ordinances, legislation, rules and regulations, technical data and other information reasonably requested by Dover Kohl that is relevant to the Contract Services to be provided by Dover Kohl, including, but not limited to, documentation on community demographics, infrastructure, housing, environmental conditions, traffic patterns, finances, public resources, utilities, land ownership and availability, topography and physical conditions, land and improvement values and land -use and development plans. In addition, the City shall be responsible for taking, in cooperation with Dover Kohl, such actions as may be necessary to obtain required reviews and approvals from appropriate public agencies. Dover Kohl understands and agrees that any information, document, report or any other material whatsoever which is given by the City to Dover Kohl is and shall at all times remain the property of the City. Dover Kohl agrees not to use any such information, document, report or material for any other purpose, other than general corporate promotion/qualification purposes, without the written consent of the City, which may be withheld or conditioned by the City in its sole discretion. Notwithstanding the completion, suspension, termination, or expiration of this Agreement, the following provisions in this section shall apply with respect to ownership of documents produced by Dover Kohl: A. Final Work Products. Final work products shall be delivered to and become property of the City n the format specified in Attachment A. City shall have a right to retain, use, and reproduce final work products. Dover -Kohl / City of Fayetteville City Plan 2025 Contract 3 • • 5. AUDIT AND INSPECTION RIGHTS: A. The City may, at masonablc times, and for a period of up to three (3) years following the date of final payment by the City to Dover Kohl under this Agreement, audit, or cause to be audited, those books and records of Dover Kohl which are related to Dover Kohl's performance under this Agreement. Dover Kohl agrees to maintain all such books and records at its principal place of business for a period of three (3) years after final payment is made under this Agreement. B. The City may, at reasonable times during the term heruof, inspect Dover Kohl's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods or services required to be provided by Dover Kohl under this Agreement conform to the terms hereof, if applicable. Dover Kohl shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. 6. AWARD OF AGREEMENT: Dover Kohl represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Agreement. 7. ARKANSAS FREEDOM OF INFORMATION ACT: City contracts and documents, including internal documents and documents of subcontractors and sub -consultants, prepared while performing City contractual work are subject to the Arkansas Freedom of lnformation Dover -Kohl / City of Fayetteville City Plan 2025 Contract 4 • • Act (FOIA). If a Freedom of Information Act request is presented to the CITY OF FAYETTEVILLE, Dover Kohl will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25- 19-101 et seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 8. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Dover Kohl understands that agreements between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, record keeping, etc. Dover Kohl agrees to comply with and observe all applicable federal, state and local laws, rules, regulations, codes and ordinances, as they may be amended from time to time. 9. INDEMNIFICATION: Dover Kohl shall indemnify, defend and hold harmless the City and its officials, employees and agents (collectively referred to as "Indemnitees') and each of them from and against all loss, costs, penalties, fins, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the performance or non-performance of the services contemplated by this Agreement which is or is alleged to be directly or indirectly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive) of Dover Kohl or its employees, agents or subcontractors (collectively referred to as "Dover Kohl"), or the failure of Dover Kohl to comply with any of the paragraphs herein or the failure of Dover Kohl to conform to statutes, ordinances, or other regulations or requirements of Dover -Kohl / City of Fayetteville City Plan 2025 Contract 5 • • any govemmental authority, federal or state, in connection with the performance of this Agreement. Dover Kohl expressly agrees to indemnify and hold harmless the Indemnitees, or any of them, from and against all liabilities which may be accrrted by an employee or former employee of Dover Kohl, or any of its subcontractors, as provided above, for which Dover Kohl's liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. 10. CITY'S TERMINATION RIGHTS: A. The City shall have the right to terminate this Agreement, in its sole discretion, at any time, by giving written notice to Dover Kohl at least ten (10) business days prior to the effective date of such termination. In such event, the City shall pay to Dover Kohl compensation for services rendered and expenses incurred prior to the effective date of termination. In no event shall the City be liable to Dover Kohl for any additional compensation, other than that provided herein, or for any consequential or incidental damages. B. The City shall have the right to terminate this Agreement, without notice or liability to Dover Kohl, upon the occurrence of an event of default thereunder. In such event, the City shall not be obligated to pay any amounts to Dover Kohl while Dover Kohl was in default under this Agreement. 11. INSURANCE: Dover Kohl shall, at all times during the term hereof, maintain such insurance coverage as may be reasonably required by the City. All such insurance, including renewals, shall be subject to the approval of the City for adequacy of protection and evidence of such coverage shall be fiunished to the City on Certificates of insurance indicating such insurance to be in force and effect and providing that it will not be canceled during the performance of the services under this Driver -Kohl / City of Fayetteville City Plan 2025 Contract 6 • • contract without thirty (30) calendar days prior written notice to the City. Completed Certificates of Insurance shall be filed with the City prior to the performance of services thereunder, provided, however, that Dover Kohl shall at any time upon request file duplicate copies of the policies of such insurance with the City. If, in the judgment of the City, prevailing conditions warrant the provision by Dover Kohl of additional liability insurance coverage or coverage which is different in kind, the City reserves the right to require the provision by Dover Kohl of an amount of coverage different from the amounts or kind previously required, then Dover Kohl shall obtain such specific coverage requested as an additional cost to the City for such, and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. 12. NONDISCRIMINATION: Dover Kohl represents and warrants to the City that Dover Kohl does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Dover Kohl's performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status or national origin. Dover Kohl further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 13. ASSIGNMENT: This Agreement shall not be assigned by Dover Kohl, in whole or in part, without the prior written consent of the City's, which may be withheld or conditioned, in the City's sole discretion. Dover -Kohl / City of Fayetteville City Plan 2025 Contract 7 • 14. NOTICES: All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier TO DOVER KOHL: Mr. Joseph A. Kohl Dover, Kohl, & Partners 1571 Sunset Drive Coral Gables, Florida 33143 15. MISCELLANEOUS PROVISIONS: A. TO THE CITY: Mayor Dan Coody City of Fayetteville, Arkansas 113 W. Mountain Fayetteville, Arkansas 72701 This Agreement shall be construed and enforced within the legal jurisdiction of Washington County, Arkansas according to the laws of the State of Arkansas. B. Title and paragraph headings are for convenient reference and are not a part of this Agreement. C. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. D. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Arkansas or the City of Fayetteville, Arkansas, such provision, para - Dover -Kohl / City of Fayetteville City Plan 2025 Contract 8 • • graph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then same shall be deemed severable, and in either event, the remaining tcrrns and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. E. This Agreement constitutes the sole and entire agreement between the parties hereto. No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the parties hereto. 16. SUCCESSORS: This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, and successors. This agreement may not be assigned. 17. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and only agreement of the parties relating to the subject matter hereof and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 18. COUNTERPARTS: This Agreement may be executed in two or more counterparts, each of which shall constitute an original but all of which, when taken together, shall constitute one and the same agreement. Dover -Kohl / City of Fayetteville City Plan 2025 Contract 9 • • IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. ATTEST: Sondra Smith City Clerk ATTEST: U`` • ,lpaurinn lllltFVT?� ,,5 se.:k• 01 pr •G• p&% • FAYETTEVILLE W�9,pKANSV:c3° e.,t/NI•TON cd) "urrumufla 1 Name. b� /%acne$ Title: • t sei /hUm2-a✓ Dover -Kohl / City of Fayetteville City Plan 2025 Contract "City" CITY OF FAYETTEVILLE, a municipal corporation Bv: an Coody Mayor "Dover Kohl" Image Network, Inc. d/b/a Dover, Kohl, & Partners, a Delaware corporation By: 10 A. Kohl e President / Seer•tary ATTACHMENT "A" City Plan 2025 Scope of Services Attachment A supplements the Agreement dated , 2005, by and between the City of Fayetteville, (thc City) and The Image Network, Inc. d/b/a Dover, Kohl & Partners (Dover Kohl ), and is by such Agreement incorporated therein by reference. 1. Scope of Services. Task One — Pre-Charrette Analysis: City Plan 2025 The pre-charrette analysis will include the review of all relevant information as well as on-site analysis, initial meetings with the City staff, City committees, and any Consultants to the City. 1.01 Project Kick-off Meeting (Trip #1) At the start of the project, the Project Director from Dover -Kohl will schedule a meeting with City staff to review base information needs, strategize on the public participation process, identify stakeholders, and develop a detailed schedule for the Comprehensive Plan Update. The purpose of the meeting is to determine "who's doing what" and to further the professional relationship of the consultant team being an extension of City staff. 1.02 Create Public Awareness The team will assist City staff with public outreach for the charrette by writing press releases to be distributed to the media, neighborhood associations, business associations, and community organizations among others. At the City's request, we will be available to discuss the project with reporters or any other interested individuals. The City will be responsible for all publicity. 1.03 City of Fayetteville Communications Dover Kohl will provide information for the City's TV -station and website. Information will include project updates and progress reports. photographs, maps, renderings, and images. 1.04 Review of Relevant Information Members of the Dover -Kohl team will review relevant information (as provided by the City) in order to familiarize themselves with the diverse characteristics of Fayetteville. An in-depth review of the General Plan 2010, Strategic Plan 2004-2009, City ordinances, previous studies and plans, current and historical maps, and demographic information will prepare the team for the project ahead. 1.05 Site Visit (Trip #2) A Principal and Project Director from Dover -Kohl, as well as other leading members of the team, will travel to Fayetteville for a 2 -day analysis trip. The site visit will include the following: 1.05.01 Interviews and Meetings At this time initial interviews, presentations, and meetings with City of Fayetteville staff, City Council, elected officials, The University of Arkansas, neighborhood organizations, and local stakeholders will be scheduled to discuss overall project goals and objectives. Dover -Kohl / City of Fayetteville City Plan 2025 Contract 11 • • 1.05.02 Urban Design and Land Use Analysis The team will analyze Fayetteville by studying the existing town and country framework. We will examine the existing urban form, analyzing the network of streets, blocks and lots, building types, and building form. We will examine designated open spaces, parks, trails, and agricultural lands as well. The analysis will include an examination of the existing land use, density, and urban design elements throughout the City. The analysis will be performed with the livability needs of the community and region in mind. Careful attention will be given to the four distinct and unique strategy areas in the city. 1.05.03 Kick -Off Press Conference In addition to interviews and site analysis, the team is available to participate in a press conference with City officials to inform the community of the public planning process for the Comprehensive Plan. 1.06 Economic Analysis The Economic Analysis will identify a range of infill and redevelopment opportunities in the City. The team will review demographic and economic / market data to forecast growth and development throughout the city. The analysis will feature an examination of land use regulations and economic development strategies. The analysis will examine the local Fayetteville market with respects to the continued growth of Northwest Arkansas. The analysis will prepare the team with a thorough understanding of growth pressures in the region and will include strategies to further economic development in the city. 1.07 Transportation Analysis The Transportation Analysis will examine city-wide mobility from the perspective of all modes of travel walking, biking, using transit, and driving. Speeds and volumes on existing thoroughfares will be studied to better understand the community character related to transportation. Research and information will be gathered from team experience in peer communities in order to present already proven solutions. The street network, as well as existing infrastructure capabilities, will be examined. Task Two — The Charrette: City Plan 2025 The Charrette phase involves preparing and hosting a two-week public involvement design session for the City of Fayetteville. The Dover -Kohl team will utilize an open planning process of workshops to quickly engage the community in expressing their current ideas and desired outcomes for the evolution of their city. The use of the community design charrette provides a collaborative forum to bring all parties together and focus on a common goal. The hands-on nature of the design workshops and the opportunity to interact with differing perspectives allows issues to be identified and resolved. In addition, the workshops provide an educational opportunity for all participants. The format of the charrette will be tailored to obtain the best possible community input and resulting work products. Dover -Kohl will work with the City to structure the format of the charrette. 2.01 The Charrette (Trip #3) On an agreeable date selected by the City, Dover Kohl will travel to Fayetteville for a thirteen day charrette. Dover Kohl will provide a staff of seven Planners, which will include as Principal Victor Dover, and Project Director to facilitate the public workshop. The charrette will feature the following events: Dover -Kohl / City of Fayetteville City Plan 2025 Contract 12 • • Community Kickoff Presentation. An evening Community Kick-off Presentation will introduce the Dover -Kohl team and mark the official start of the charrette. The event will feature a "food for thought" presentation to educate participants on best practices in community planning, Smart Growth, and urban design. Hands-on Design Sessions (4). As a centerpiece of the charrette, Dover, Kohl & Partners will facilitate four Hands-on Design Sessions, one for each geographic area of the city. Dover -Kohl will work with City staff to determine an appropriate schedule for the various sessions, as well as appropriate locations for each. Dover, Kohl & Partners is flexible in the exact format of the Hands-on Design Session(s), with the primary purpose of the event(s) being to get the maximum number of people involved and participating in the creation of a city-wide plan. Each Hands-on Design Session will begin with a short introduction and review of the various issues and concerns affecting the City as a whole. A briefing will then explain the challenge for participants, orient participants to base maps, and set ground rules and goals for the session. Participants will then gather around tables to draw their important ideas. Each table will have a facilitator from the Dover -Kohl team or City staff to assist participants in the design exercises. During the first part of the table sessions, the community will identify the important issues associated with the future growth and development of the City and discuss them in small groups. Each table will be provided with a large base map of the entire City. After examining City-wide needs and issues, each table will focus on their particular area of the city. Participants will work and draw on base maps to illustrate how they might like to see their area of the City (South Fayetteville, West Fayetteville, East Fayetteville, or Center City) evolve in the future by describing the uses, open spaces, building design, landscaping, transportation, and services for the area. At the end of the workshop, a spokesperson from each table will report the findings and major points to the entire assembly. The goal of the hands-on dcsign session is to forge a community consensus and develop a long-range vision for the future of the City of Fayetteville. On-site Design Studio. Following the hands-on design sessions the team will set-up an open design studio, preferably in a central location within the City, for the charrette in order to refine the plan and continue to gather community input. At this time, the team members will analyze the information gathered at the hands-on sessions and pre-charrette analysis in order to formulate the initial concepts for the Comprehensive Plan. In addition, the team will assess more specific issues that pertain to each of the study areas. Members of the City staff, elected officials, local stakeholders, and the community will be encouraged to stop in throughout the week as new issues come to mind and to check on the project's status. Technical Meetings. While working on-site, the team will schedule various technical meetings with City staff, local merchants, key property owners, real estate brokers, Fayetteville Chamber of Commerce, University of Arkansas officials, neighborhood associations, historic preservation organizations, environmental groups, and other key City stakeholders. These meetings will assist in the team's continued understanding of the physical, economic, environmental, and organizational forces that are shaping the City. "Work in Progress" Presentation. At the end of the charrette week, the team will present the work generated to date at a "Work in Progress" Presentation. Sketches and visualizations will be presented illustrating the hypothetical build -out for the City based on citizen input. These initial plans will serve as examples of how the various areas of the city can change and grow. Accompanying renderings will include "before and after" illustrations that show possible scenarios for future development. Also, a summary of development strategies will be presented, Dover -Kohl / Ciry of Fayetteville City Plan 2025 Contract 13 • • highlighting the various opportunities for quality development and infill development. Task Three — City Plan 2025 and Implementation The draft concepts begun during the charrette will be refined to best illustrate the community's long-term vision for the City. Graphics and text will demonstrate what is possible by regulating the mix of uses, building types, densities, and street details. Illustrative plans of prototype scenarios will demonstrate the possibilities for future development. A policy document will be produced that accompanies the plan to guide future development. 3.01 Refine the Plan The draft concepts begun during the charrette will be refined to best illustrate Tong -term development prospects. Illustrations of the study areas will demonstrate the possibilities for future development, highlighting specific strategies for development, redevelopment, or open space preservation. The plan will designate a hypothetical development intensity and an appropriate mix of uses Building types, including civic buildings and public squares and parks, will be included. The final product will be an illustrated physical master plan that will guide the preservation of Fayetteville's community character as it continues to grow and develop. 3.02 Create a Vision and Goals Report The Vision and Goals Report will consist of a concise plan document summarizing the community process, traditional urban design features, planning analysis, hypothetical build -out plan, and the implementation policies. The report will include both descriptive text as well as definitive illustrations, including diagrams, pictures, quotes, maps, and documentation to describe the overall community vision and goals for the City and the four strategy areas. The report will be organized as two complete chapters to be inserted in the Comprehensive Plan. Task Four — Review and Presentation 4.01 Review the Draft Vision and Goals Report Dover -Kohl will submit an "administrative draft" for City staff and elected/appointed officials review. The City will provide a consolidated set of comments and revisions to Dover -Kohl. After completing revisions, Dover -Kohl will submit a "second administrative draft" for staff review. Once the draft is acceptable to the City, Dover -Kohl will submit a "public draft" for community review and comment. 4.02 Final Presentation Once reviewed and revised, Dover -Kohl will submit the Vision and Goals Report for final review. Dover -Kohl will retum to Fayetteville to present the final documents and illustrations of the planning process to the City staff, City Council, and the community. Dover -Kohl / City of Fayetteville City Plan 2025 Contract 14 • • I1. Responsibilities of City. Dover Kohl's completion of tasks herein within a timely basis is contingent on City's cooperation in providing available information and its participation with respect to certain project activities. City shall be responsible to Dover Kohl for the timely performance of the following tasks: A. Provide, on a timely basis, the Base Information requested in "Exhibit C". B. Provide supplementary information that may be requested from time to time during the course of the Project. C. Provide, supplies, equipment and facilities necessary to create an effective public workshop as requested below: I. For the public workshop, an appropriately sized room to accommodate the public with the required audio/visual equipment. The auditorium must be a large, high- ceilinged room that will accommodate along the walls horizontal displays of several long maps. Dover Kohl must have access to lighting controls and be able to darken the room. The room should be equipped with a projection screen no smaller than nine feet by twelve feet (9x12 ft.) and a working public address or sound system with microphone hook-ups. City shall also provide one (1) wireless "lavaliere" clip -on microphone and one (1) wireless hand-held microphone. The auditorium and equipment should be made available to Dover Kohl, as needed. 2. For Recording of all public meetings and workshops. D. Provide additional table facilitators as needed for the workshop. Dover Kohl will provide seven (7) facilitators. There should be one (1) facilitator per every ten (10) attendees to the workshop. Dover Kohl can accommodate seventy (70) attendees. E. Provide a reasonable estimate for the attendance of the workshops. Create an RSVP list, if possible. F. Provide a project coordinator as a single point of contact for the City. G. City Staff will attend and participate in project meetings upon the request of Dover KohL H. Provide public outreach throughout the project and soliciting the attendance of third parties whose participation the City considers important. 1. Make every effort to insure the attendance of a majority of elected City officials, stakeholders, and investors at the charrette presentations. J. Provide appropriate meeting room(s) for the Charrene meetings, workshops, presentations, and studio workspace, including securing the space. K. Provide necessary refreshments for public involvement events. L. Promptly tender payment of all valid invoices. 111. List of Final Work Products. Dover Kohl shall produce specific graphic and written deliverables in conjunction with the professional services described in this Attachment. A. Graphic Documents. Graphic Documents will include the following or a reasonable equivalent: I.) Illustrative Master Plan (1), conceptual plan of the City rendered in color and showing streets, green space, and where infill development and new development should occur, and various other features of development; at a scale to be determined. 2.) Perspective Drawings (5), rendered in color and showing examples of typical streets, squares, parks, specific locations of importance or other significant design concepts, as Dover Kohl may deem appropriate. 3.) Diagrams, as needed, rendered in black and white, illustrating ideas or concepts such as street types (drawn in plan & section), building types, architectural elements, and Dover -Kohl / City of Fayetteville City flan 2025 Contract 15 • • neighborhood design. B. Written Documents. Written Documents will include the following or a reasonable equivalent: 1.) Vision and Goals Report, a concise plan document summarizing the community process, traditional urban design features, parking management and transportation strategy, planning analysis, hypothetical build -out plan, advertising and marketing theme and strategy, recruitment strategy, and the implementation strategy. The report will be organized as two complete chapters to be formatted and inserted in the Comprehensive Plan. C. Format of Deliverables. Dover Kohl shall provide final work products to City in the following format: Graphic documents. One (I) full size plot or print of each drawing, at a scale and size to be determined. Graphic documents will also be included in the Master Plan Report and Design Standards. Digital scans of the drawings will be provided on a CD-ROM (I copy). Upon request and at additional cost, Dover Kohl will also provide additional sets of high quality reproductions of the graphic documents in an appropriate printed format. Written documents. One reproducible and unbound copy of all written documents shall be printed on paper in an appropriate format. One bound copy of the Master Plan Report and Design Standards shall be provided to the City. The documents shall also be digitally stored in an appropriate computer format, and will be provided to City on a CD-ROM (1 copy). The report can also be converted into a read-only format ('.pdt), using the freeware program Adobe Acrobat Reader for reproduction by the City. The Adobe Acrobat format is usually "downloadable" from the Internet if posted to a web site. Additional Copies. City may request additional copies of the above deliverables upon payment to Dover Kohl of the actual reproduction cost, plus a fee for additional services in accordance with Attachment B of this Agreement. Dover -Kohl / City of Fayetteville City Plan 2025 Contract 16 • • ATTACHMENT "B" Professional Fees and Reimbursable Expenses Attachment B supplements the Agreement dated , 2005, by and between the City of Fayetteville, (the City) and The Image Network, Inc. d/b/a Dover, Kohl & Partners (Dover Kohl), and is by such Agreement incorporated therein by reference. 1. Professional Fees. The Client shall compensate Dover Kohl for professional services rendered in the performance of this Agreement or in the service of the Client. 1.1 Flat Fee. The City shall make payment to Dover Kohl of professional fees in the amount of $205,000 for the completion of the work in the Agreement. The flat fee does not include reimbursable expenses advanced either in the performance of the Agreement or in the service of City. Such expenses will be billed in accordance with Section II and II1 of this Exhibit. The payment of this sum to Dover Kohl shall be apportioned as follows: Thirty (30%) shall be paid upon the conclusion of Phase I. Fitly (50%) percent shall be paid upon the conclusion of the Charrette; and the remaining balance shall be apportioned into monthly payments corresponding to the percentage of work completed. 11. Maximum Reimbursable expenses. In addition to the payment of professional fees, the City shall reimburse Dover Kohl for reasonable expenses arising in the performance of this Agreement or in the service of the City. A budget not to exceed $20,000 will be set aside as an approximation of reimbursable expenses for this project. Dover Kohl shall invoice such expenses either monthly or from time to time as they may be incurred. The Client shall be advised in advance of any extraordinary reimbursable expenses. Appropriate documentation or receipts shall corroborate all reimbursable expenses. Project expenses deemed within the reasonable discretion of Dover Kohl include the purchase of the following goods and services: (a) Reproduction graphics and reproduction expenses, such as printing, photocopying, photographing, photo -processing, filing, and computer storage supplies and materials; (b) Mailing, packaging, and shipping by couriers, overnight, express, priority, or other type of delivery service or the U.S. Postal Service; (c) Long-distance telephone, fax, and modem charges; (d) Travel expenses, such as transportation, food, and lodging. Food expenses will be reimbursed at an amount close to the 2006 Domestic Per Diem Rate as established by the federal government or S49 per day per person. (e) Commercial rentals, as required, for supplies, equipment, work rooms, meeting rooms, and presentation rooms; (f) Supplemental insurance coverage or insurance policy endorsements required by the Agreement, if Dover Kohl's existing insurance coverage is unacceptable to the City; and (g) Any other miscellaneous or out-of-pocket expenses reasonably contemplated by the scope of services for this Project. 111. Payments. Dover Kohl shall submit monthly invoices to the City for professional services rendered and reimbursable expenses incurred to date. Such invoices shall be paid in full promptly upon receipt. Dover -Kohl / City of Fayenevdle City Plan 2025 Contract 17 • • ATTACHMENT"C" Base Information In accordance with Task 1.04 and 2.02, of the Scope of Services. Dover -Kohl requests the City to provide the following Base Information: • SCALE BASE MAPS, in digital and hard copy formats, indicating existing conditions of the project arca and context, including significant features above and below the ground, environmental constraints, archaeological sites, utility locations, etc. Maps should specifically include an AutoCAD plan of the project area indicating any property lines, easements, and any existing building footprints and heights, roadways, sidewalks, driveways, curbs and curb cuts, alleys, and traffic control devices, street signage, and current parking. Dover Kohl will work with the City's GIS Department to obtain necessary base map information. • AERIAL PHO7OGRAPHS, preferably in color, in plan view and at the largest possible scale. • RELEVANT EXISTING REGULATIONS, which may constrain zoning, land use, or previous development proposals envisioned or supported by this Project, and relevant published comments of local government officials and administrators regarding such constraints. • ANY OTHER RELEVANT DATA, including pertinent portions of previous local zoning approvals, covenants, and previous site studies, traffic studies, infrastructure studies, market feasibility studies, historical background, etc. Upon commencement of the Project, the City shall provide Dover Kohl with the above information. The City represents to Dover Kohl that it may depend upon the accuracy and completeness of the information so provided. If City is unable to provide any of the requested information, it shall immediately contact Dover Kohl to determine whether such information is reasonably necessary and how such information might otherwise be obtained. If Dover Kohl considers the requested information reasonably necessary for the project and the City remains unable to provide such information, then Dover Kohl may prepare or obtain such information as an additional service compensable in accordance with the Agreement. Dover -Kohl / City of Fayetteville City Plan 2025 Contract 18 City of Fayetteville, Arkansas Budget Adjustment Form Budget Year 2005 Department: Division: Program: General Govemment Miscellaneous Miscellaneous Date Requested 11/15/2005 Adjustment Number Project or Item Requested: $250,000 is requested In the Downtown Master Plan, Study project. Project or Item Deleted: $250,000 from the Wilson Springs Proceeds designated in General Fund balance is proposed. Justification of this Increase: Funds are needed to enter into a $225,000 contract with Dover, Kohl, and Partners to facilitate the Public Participation Process of the City Plan 2025. In addition, $25,000 is needed for project contingency. Justification of this Decrease: A portion of the proceeds from the sale of the Wilson Springs property which is held in General Fund Designated Fund Balance. Sufficient funding remains to comply with City policy. Increase Budget (Decrease Revenue) Account Name Account Number Professional services Account Name Use of fund balance Amount Project Number 1010 6600 5314 00 250,000 03024 1 Decrease Budget (Increase Revenue) Account Number 1010 0001 4999 99 Amount Project Number 250,000 Approval Signatures wayov -Requested By udget ana //-/TcS Date Department D for Date Pi tc & Internam 'cis Di. for - Date Mayor Date Type: A Date of Approval Posted to General Ledger Posted to Project Accounting Entered in Category Log Budget Office Use Only B C Initial Date Initial Date Initial Date Initial Date ±5 iz/le/os City of Fayetteville a, Staff Review Form �),,, City Council Agenda Items /�"'4tr1 Xos'% Contracts 6 -Dec -05 City Council Meeting Date Karen Minkel Submitted By Planning Division Action Required: Operations Department Approval of a contract with Dover. Kohl and Partners in the amount of 5225,000 to facilitate the public participation process foi the City Plan 2025 as well as a contigency of $25,000 for organizing a speakers panel in conjunction with the City Plan 2025 an paying for facilities costs during the public participation process. $250,000.00 n/a n/a Cost of this request Category/Project Budget Program Category / Project Name 1010 6600 5314 00 Account Number 03024 Project Number Budgeted Item n/a Funds Used to Date n/a Remaining Balance Budget Adjustment Attached EX n/a Program I Project Category Name n/a Fund Name I Previous Ordinance or Resolution # n/a I ' `� OQ Original Contract Date: n/a Department Director Date • Original Contract Number: M n/a W /tReceived in City Clerk's Office City Attorney Date (~ + I.Received in Mayor's Office Ma Date • City Council Meeting of December 6, 2005 Agenda Item Number CITY COUNCIL, AGENDA MEMO To: Mayor and City Council Thru: Tim Conklin, Planning and Development Management Director From: Karen Minkel, Long Range Planner Date: November 18, 2005 Subject: Approval of a Resolution and Budget Adjustment in the amount of S250,00 from the Designated Fund Balance from the Sale of Wilson Springs to Contract with Dover, Kohl, and Partners for the City Plan 2025 RECOMMENDATION Planning Staff recommends approval of a $225,000 contract with Dover Kohl and Partners to facilitate the public participation process of the City Plan 2025 (Comprehensive Plan) and to provide a transportation and economic analysis. In addition, Planning Staff recommends approval of $25,000 to serve as a contingency for organizing a speakers panel in conjunction with the Community Kick -Off for the City Plan and for paying facilities costs during the public participation process. :TaT41 Xe] tt/1IJiI C On December 19, 1995, the City Council passed resolution 147-95, which determined that major revisions of the General Plan should be scheduled every five years. The last major revision to the General Plan was in 2000. __ The goals of the City Plan 2025 encompass goals expressed by the City Council and the public. In the Strategic Plan developed by City Council, one of the goals is to ensure that the City have planned and managed growth, which is the purpose of the City Plan 2025. According to a draft copy of the 2005 Citizen Survey Report, residents on average felt that Fayetteville's population had grown somewhat too fast and expressed a preference for the City purchasing and preserving open space. These opinions suggest that a widespread public participation process focusing on long-term planning would offer citizens the opportunity to address these issues. In May of 2005, Planning Staff invited all City Council members to individual meetings to discuss the overall approach to and cost of the City Plan 2025. After these meetings, a selection committee was formed to select a consultant to taciliate the public participation City Council Meeting of December 6, 2005 Agenda Item Number process. The members of the selection committee were: Gary Dumas, Director of Operations. Tim Conklin, Planning and Development Management Director, Jeremy Pate, Director of Current Planning, Susan Thomas, Public Information Officer, Leif Olson. Long Range Planner, Karen Minkel, Long Range Planner, Frank Johnson, Police Chief, Tony Johnson, Fire Chief. Connie Edmonston. Parks and Recreation Director, Phillip Stafford, President of the University of Arkansas Technology Development Foundation, Jill Anthes, Planning Commissioner, and L.ioneld Jordan, Ward 4 Alderman. The City received six proposals in response to the Request for Proposals. Two firms were interviewed, and Dover, Kohl and Partners was selected by the committee. The public participation process is tentatively scheduled for February of2006, pending Council appoval of Dover Kohl's contract. BUDGET IMPACT There is no net budget impact to General Fund reserves because the $250,000 in funding will come from Designated Fund Balance from the Sale of Wilson Springs. RESOLUTION NO. A RESOLUTION AWARDING A CONTRACT IN AN AMOUNT NOT TO EXCEED $225,000.00 TO DOVER, KOHL AND PARTNERS TO FACILITATE A PUBLIC PARTICIPATION PROCESS FOR THE CITY PLAN 2025; APPROVING A CONTINGENCY IN THE AMOUNT OF $25,000.00; AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $250,000.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas, hereby awards a contract in an amount not to exceed $225,000.00 to Dover, Kohl and Partners to facilitate a public participation process for the City Plan 2025. A copy of the contract, marked Exhibit "A" is attached hereto and made a part hereof. Section 2. That the City Council of the City of Fayetteville, Arkansas, hereby approves a contingency in the amount of $25,000.00. Section 3. That the City Council of the City of Fayettevil Ar ansa, hereby approves a Budget Adjustment in the amount of $250,00 Of PASSED and APPROVED this 6th day of Decemb r, 2005. APPROVE J 111 ` DAN c ODY, Mayor i . City Cl SERVICES AGREEMENT OR PROFESSIONAL SERVICES AGREEMENT This Agreement is entered into this _ day of 2005 by and between the City of Fayetteville, a municipal corporation of the State of Arkansas ("City`) and The Image Network, Inc d/b/a Dover, Kohl, & Partners, a Delaware Corporation whose offices are located at 1571 Sunset Drive, Coral Gables, Florida hereafter called "Dover Kohl". In consideration of the mutual covenants and promises herein contained, Dover Kohl and the City agree as follows: TERMS: TERM: The term of this Agreement shall be eight months, commencing on the effective date hereof. Dover Kohl agrees that it will be able to complete performance of the Contract Services within the Initial Term, subject, however, to delays beyond Dover Kohl's reasonable control. 2. SCOPE OF SERVICE: A. Dover Kohl agrees to provide the Services as specifically described, and subject to the special terms and conditions set forth in Attachment "A" hereto, which by this reference is incorporated into and made a part of this Agreement. w B. Dover Kohl represents and warrants to the City that: (i) it possesses all qualifica- lions, licenses and expertise required for the performance of the Services; (ii) it is not delin- quent in the payment of any sums due the City, including payment of permits fees, occupational licenses, etc., nor in the performance of any obligations to the City, (iii) all personnel assigned to perform the Services are and shall be, at all times during the term hereof, fully qualified and trained to perform the tasks assigned to each; and (iv) the Services will be perlbrmed in the manner described in Attachment "A". 3. COMPENSATION: A. The amount of compensation payable by the City to Dover Kohl shall he based on the rates and schedules described in Attachment "B" hereto, which by this reference is incorpo- rated into this Agreement; provided, however, that in no event shall the amount of compensation exceed Two Hundred Twenty Five "Thousand Dollars ($225,000.00), including all labor compensation and direct and normal expenses incurred in completing its professional research and advisory services to the City's Planning Division. B. Dover Kohl shall send invoices to the City no more frequently than once per month, reflecting compensation due for services rendered by Dover Kohl and reimbursement clue for expenses incurred by Dover Kohl. All invoices are payable upon receipt by the City. It' payment for an invoice is not received within sixty (60) days of the invoice date, Dover Kohl reserves the right to suspend performance of Contract Services until Dover Kohl receives all payments due. DRAFT' Dovo.Kotl /Cityol FaytyicvilkCity Ilan 2025 Commct 2 All submitted invoices from Dover Kohl shall be accompanied by sufficient supporting documentation and contain sufficient detail, to allow a proper audit of expenditures, should City require one to he performed. 4. OWNERSHIP OF DOCUMENTS: To assist Dover Kohl in performing the Contract Services, the City shall furnish to Dover Kohl, without charge, copies of all available background reports, memoranda, correspondence, ordinances, legislation, rules and regulations, technical data and other information reasonably requested by Dover Kohl that is relevant to the Contract Services to he provided by Dover Kohl, including, but not limited to, documentation on community demographics. infrastructure, housing, environmental conditions, traffic patterns, finances, public resources, utilities, land ownership and availability, topography and physical conditions, land and improvement values and land -use and development plans. In addition, the City shall be responsible for taking, in cooperation with Dover Kohl, such actions as may be necessary to obtain required reviews and approvals from appropriate public agencies. Dover Kohl understands and agrees that any information, document, report or any other material whatsoever which is given by the City to Dover Kohl is and shall at all times remain the property of the City. Dover Kohl agrees not to use any such information, document, report or material for any other purpose, other than general corporate promotion/qualification purposes, without the written consent of the City, which may be withheld or conditioned by the City in its sole discretion. Notwithstanding the completion, suspension. termination, or expiration of this Agreement, the following provisions in this section shall apply with respect to ownership of documents produced by Dover Kohl: DRAFT'. Duvpr-Kohl / City of Pavelievi Ile City Plan 2025 Conirict 3 A. Final Work Products. Final work products shall be delivered to and become property of the City in the formal specified in Attachment A. City shall have a right to retain, use, and reproduce tinal work products. 5. AUDIT AND INSPECTION RIGHTS: A. The City may, at reasonable times, and for a period of up to three (3) years following the date of final payment by the City to Dover Kohl under this Agreement, audit, or cause to he audited, those books and records of Dover Kohl which are related to Dover Kohl's performance under this Agreement. Dover Kohl agrees to maintain all such books and records at its principal place of business for a period of three (3) years after final payment is made under this Agreement. B. The City may, at reasonable times during the term hereof, inspect Dover Kohl's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods or services required to be provided by Dover Kohl under this Agreement conform to the terms hereof, if applicable. Dover Kohl shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. 6. AWARD OF AGREEMENT: Dover Kohl represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee. commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Agreement. DRAFr. Doter -Kohl / Goy of Fayaieville City Plan 2025 Gonnci 4 • 7. ARKANSAS FREEDOM OF INFORMAL ION ACT: City contracts and documents, including internal documents and documents of subcontractors and sub -consultants, prepared while performing City contractual work arc -subject to the Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is presented to the CITY OF FAYEIrrEVILLE, Dover Kohl will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19- 101 et seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 8. COMPLIANCE WITH FEDERAL., STATE AND LOCAL LAWS: Dover Kohl understands that agreements between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, record keeping, etc. Dover Kohl agrees to comply with and observe all applicable federal, state and local laws, rules, regulations, codes and ordinances, as they may he amended from time to time. 9. INDEMNIFICATION: Dover Kohl shall indemnify, defend and hold harmless the City and its officials, employees and agents (collectively referred to as " Indemnitees") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as'9.iabiIitics") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the performance or non-performance of the services contemplated by this Agreement which is or is alleged to be directly or indirectly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive) of Dover Kohl or its DRAFT. toner -Kuhl / City of Faycllcv'i ac City Plan 2025 Conlr ci • employees, agents or subcontractors (collectively referred to as "Dover Kohl"), or the failure of Dover Kohl to comply with any of the paragraphs herein or the failure of Dover Kohl to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, federal or state, in connection with the performance of this Agreement. Dover Kohl expressly agrees to indemnify and hold harmless the Indemnitees, or any of them, from and against all liabilities which may he asserted by an employee or former employee of Dover Kohl, or any of its subcontractors, as provided above, for which Dover Kohl's liability to such employee or former employee would otherwise he limited to payments under state Workers' Compensation or similar laws. 10. CITY'S TERMINATION RIGHTS: A. The City shall have the right to terminate this Agreement, in its sole discretion, at any time, by giving written notice to Dover Kohl at least ten (10) business (lays prior to the effective date of such termination. In such event, the City shall pay to Dover Kohl compensation for services rendered and expenses incurred prior to the effective date of termination. In no event shall the City be liable to Dover Kohl for any additional compensation, other than that provided herein, or for any consequential or incidental damages. B. The City shall have the right to terminate this Agreement, without notice or liability to Dover Kohl, upon the occurrence of an event of default thereunder. In such event, the City shall not he obligated to pay any amounts to Dover Kohl while Dover Kohl was in default under this Agreement. DRAFI`: Ikrvcr-Kohl / Ciy of Fayetiotlk City Plan 2025 Contract 6 I1. INSURANCE: Dover Kohl shall, at all times (luring the term hereof, maintain such insurance coverage as may be reasonably required by the City. All such insurance, including renewals, shall be subject to the approval of the City for adequacy of protection and evidence of such coverage shall be furnished to the City on Certificates of Insurance indicating such insurance to be in force and effect and providing that it will not be canceled (luring the performance of the services under this contract without thirty (30) calendar (lays prior written notice to the City. Completed Certificates of Insurance shall be filed with the City prior to the performance of services thereunder, provided, however, that Dover Kohl shall at any time upon request file duplicate copies of the policies of such insurance with the City. If, in the judgment of the City, prevailing conditions warrant the provision by Dover Kohl of additional liability insurance coverage or coverage which is different in kind, the City reserves the right to require the provision by Dover Kohl of an amount of coverage different from the amounts or kind previously required, then Dover Kohl shall obtain such specific coverage requested as an additional cost to the City fbr such, and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. 12. NONDISCRIMINATION: Dover Kohl represents and warrants to the City that Dover Kohl does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Dover Kohl's performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status or national origin. Dover Kohl further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin, he excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. DRAFr Ibvcr-Kuhl / Cily of raycYlcvillc City Plan 2025 Conlracl 7 0 13. ASSIGNMENT: This Agreement shall not be assigned by Dover Kohl, in whole or in part, without the prior written consent of the City's, which may be withheld or conditioned, in the City's sole discretion. 14. NOTICES: All notices or other communications required under this Agreement shall he in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. TO DOVER KOHL: Mr. Joseph A. Kohl Dover, Kohl, & Partners 1571 Sunset Drive Coral Gables, Florida 33143 I5. MISCELLANEOUS PROVISIONS: TO THE CITY: Mayor Dan Coody City of Fayetteville, Arkansas 113 W. Mountain Fayetteville, Arkansas 72701 A. This Agreement shall be construed and enforced within the legal jurisdiction of Washington County, Arkansas according to the laws of the State of Arkansas. R. Title and paragraph headings are tier convenient reference and are not a part of this Agreement. C. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall he effective unless made in writing. URAFI . tbva-Kohl / City of ravdvccillc Coy Plan 2025 Cunt,aci 8 D. Should any provision, paragraph, sentence, word or phrase contained in this Agreement he determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Arkansas or the City of Fayetteville, Arkansas, such provision, paragraph, sentence, word or phrase shall he deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. E. This Agreement constitutes the sole and entire agreement between the parties hereto. No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the parties hereto. 16. SUCCESSORS: This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, and successors. This agreement may not he assigned. 17. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and only agreement of the parties relating to the subject matter hereof and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 18. COUNTERPARTS: This Agreement may be executed in two or more counterparts, each of which shall constitute an original but all of which, when taken together, shall constitute one and the same agreement. DRAFT: Dovcr-Kohl / City of FaveliniIle City Plan 2025 Contract 9 IN WITNESS WIIEREOF, the parties hereto have caused this instrument to he exe- cuted by their respective officials thereunto duly authorized, this the day and year above written. "City" ATTEST: CITY OF FAYETTEVII..I.E, a municipal corporation By: Sondra Smith Dan Coody City Clerk Mayor "Dover Kohl" A"1TES 1 : Image Network, Inc. d/b/a Dover, Kohl, & Partners, a Delaware corporation RY Name: Joseph A. Kohl Title: Vice President / Secretary DRAFT I ver-Kohl / Ciiy of Faycytav,llc City Plan 2025 Cootracl to ATTACHMENT "A" City Plan 2025 Scope of Services Attachment A supplements the Agreement dated _ _. 2005, by and between the City of Fayetteville, (the City) and The Image Network, Inc. d/b/a Dover, Kohl & Partners (Dover Kohl ), and is by such Agreement incorporated therein by reference. I. Scope of Services. Task One — Pre-Charrette Analysis: City Plan 2025 The pre-charrette analysis will include the review of all relevant information as well as on -site analysis, initial meetings with the City staff, City committees, and any Consultants to the City. 1.01 Project Kick-off Meeting (Trip #1) At the start of the project, the Project Director from Dover -Kohl will schedule a meeting with City staff to review base information needs. strategize on the public participation process, identify stakeholders, and develop a detailed schedule for the Comprehensive Plan Update. The purpose of the meeting is to determine "who's doing what" and to further the professional relationship of the consultant team being an extension of City staff. 1.02 Create Public Awareness The team will assist City staff with public outreach for the charrette by writing press releases to be distributed to the media, neighborhood associations, business associations, and community organizations among others. At the City's request, we will he available to discuss the project with reporters or any other interested individuals. The City will he responsible for all publicity. 1.03 City of Fayetteville Communications Dover Kohl will provide information for the City's T'V-station and website. lnfbmmation will include project updates and progress reports, photographs, maps, renderings, and images. 1.04 Review of Relevant Information Members of the Dover -Kohl team will review relevant information (as provided by the City) in order to familiarize themselves with the diverse characteristics of Fayetteville. An in-depth review of the General Plan 2010, Strategic Plan 2004-2009. City ordinances, previous studies and plans, current and historical maps, and demographic information will prepare the team for the project ahead. 1.05 Site Visit (Trip #2) A Principal and Project Director from Dover -Kohl, as well as other leading members of the team, will travel to Fayetteville fbr a 2 -day analysis trip. The site visit will include the following: 1.05.01 Interviews and Meetings At this time initial interviews. presentations, and meetings with City of Fayetteville staff, City Council. elected officials, The University of Arkansas, neighborhood organizations, and local stakeholders will be scheduled to discuss overall project goals and objectives. 1.05.02 Urban Design and Land Use Analysis • City Plan 2025: Dover. Kohl & Partners DRAFT November 11, 2005 Page 2 of 8 The team will analyze Fayetteville by studying the existing town and country framework. We will examine the existing urban form, analyzing the network of streets, blocks and lots, building types, and building form. We will examine designated open spaces. parks, trails, and agricultural lands as well. The analysis will include an examination of the existing land use. density. and urban design elements throughout the City. The analysis will be performed with the livability needs of the community and region in mind. Careful attention will he given to the four distinct and unique strategy areas in the city. 1.05.03 Kick -Off Press Conference In addition to interviews and site analysis, the team is available to participate in a press conference with City officials to inlornm the community of the public planning process for the Comprehensive Plan. 1.06 Economic Analysis The Economic Analysis will identify a range of infill and redevelopment oppemunities in the City. The team will review demographic and economic / market data to forecast growth and development throughout the city. The analysis will feature an examination of land use regulations and economic development strategies. The analysis will examine the local Fayetteville market with respects to the continued growth of Northwest Arkansas. The analysis will prepare the team with a thorough understanding of growth pressures in the region and will include strategies to further economic development in the city. 1.07 Transportation Analysis "the Transportation Analysis will examine city-wide mobility from the perspective of all modes of travel: walking, biking, using transit, and driving. Speeds and volumes on existing thoroughfares will be studied to better understand the community character related to transportation. Research and information will be gathered from team experience in peer communities in order to present already proven solutions. The street network, as well as existing infrastructure capabilities, will he examined. Task 7'wo — The Charrette: City Plan 2025 The Charrette phase involves preparing and hosting a two-week public involvement design session for the City of Fayetteville. The Dover -Kohl team will utilize an open planning process of workshops to quickly engage the community in expressing their current ideas and desired outcomes for the evolution of their city. The use of the community design charrette provides a collaborative forum to bring all parties together and focus on a common goal. The hands-on nature of the design workshops and the opportunity to interact with differing perspectives allows issues to he identified and resolved. In addition, the workshops provide an educational opportunity for all participants. The format of the charrette will be tailored to obtain the best possible community input and resulting work products. Dover -Kohl will work with the City to structure the format of the charrette. 2.01 The Charrette (Trip #3) On an agreeable date selected by the City. Dover Kohl will travel to Fayetteville for a thirteen day charrette. Dover Kohl will provide a staff of seven Planners, which will include as Principal, Victor Dover. and Project Director to facilitate the public workshop. The charrette will feature the following events: City Plan 2025: Dover. Kohl & Partners DRAFT November II. 2005 Page 3 of 8 Conununigv Kick-of%Presentation. An evening Community Kick-off Presentation wilI introduce the Dover -Kohl team and mark the official start of the charrette. 'Ihe event will feature a "food for thought" presentation to educate participants on best practices in community planning, Smart Growth, and urban design. Hands-on Design Sessions (4). As a centerpiece of the charrette, Dover. Kohl & Partners will facilitate four Bands -on Design Sessions, one for each geographic area of the city. Dover -Kohl will work with City staff to determine an appropriate schedule for the various sessions, as well as appropriate locations for each. Dover, Kohl & Partners is flexible in the exact format of the Bands -on Design Session(s), with the primary purpose of the event(s) being to get the maximum number of people involved and participating in the creation of a city-wide plan. Each Bands -on Design Session will begin with a short introduction and review of the various issues and concerns affecting the City as a whole. A briefing will then explain the challenge for participants, orient participants to base maps, and set ground rules and goals for the session. Participants will then gather around tables to draw their important ideas. Each table will have a Facilitator from the Dover -Kohl team or City staff to assist participants in the design exercises. During the first part of the table sessions, the community will identify the important issues associated with the future growth and development of the City and discuss them in small groups. Each table will be provided with a large base map of the entire City. After examining City-wide needs and issues, each table will focus on their particular area of the city. Participants will work and draw on base maps to illustrate how they might like to see their area of the City (South Fayetteville. West Fayetteville, East Fayetteville, or Center City) evolve in the future by describing the uses, open spaces, building design, landscaping. transportation, and services for the area. At the end of the workshop, a spokesperson from each table will report the findings and major points to the entire assembly. The goal of the hands-on design session is to forge a community consensus and develop a long-range vision for the future of the City of Fayetteville. On -sire Design Studio. Following the hands-on design sessions the team will set-up an open design studio, preferably in a central location within the City. for the charrette in order to refine the plan and continue to gather community input. At this time, the team members will analyze the information gathered at the hands-on sessions and pre-charrette analysis in order to formulate the initial concepts for the Comprehensive Plan. In addition, the team will assess more specific issues that pertain to each of the study areas. Members of the City staff, elected officials, local stakeholders, and the community will be encouraged to stop in throughout the week as new issues come to mind and to check on the project's status. technical Meetings. While working on -site, the team will schedule various technical meetings with City staff, local merchants, key property owners, real estate brokers. Fayetteville Chamber of Commerce, University of Arkansas officials, neighborhood associations, historic preservation organizations, environmental groups, and other key City stakeholders. These meetings will assist in the team's continued understanding of the physical, economic, environmental, and organizational forces that are shaping the City. "Work in Progress" Preceruaiion. At the end of the charrette week, the team will present the work generated to (late at a "Work in Progress" Presentation. Sketches and visualizations will be presented illustrating the hypothetical build -out for the City based on citizen input. These initial plans will serve as examples of how the various areas of the city can change and grow. City Plan 2025: Dover, Kohl & Partners DRAFT November II. 2005 Page 4 of 8 Accompanying renderings will include "before and after" illustrations that show possible scenarios for future development. Also, a summary of development strategics will be presented, highlighting the various opportunities for quality development and infill development. Task 'three — City Plan 2025 and Implementation The draft concepts begun during the charrette will he refined to best illustrate the community's long-term vision for the City. Graphics and text will demonstrate what is possible by regulating the mix of uses, building types, densities, and street details. Illustrative plans of prototype scenarios will demonstrate the possibilities for future development. A policy document will be produced that accompanies the plan to guide future development. 3.01 Refine the Plan the draft concepts begun during the charrette will be refined to best illustrate long-term development prospects. Illustrations of the study areas will demonstrate the possibilities for future development, highlighting specific strategies for development, redevelopment, or open space preservation. The plan will designate a hypothetical development intensity and an appropriate mix of uses Building types, including civic buildings and public squares and parks, will be included. The final product will be an illustrated physical master plan that will guide the preservation of FayctteviIle's community character as it continues to grow and develop. 3.02 Create a Vision and Goals Report The Vision and Goals Report will consist ofa concise plan document summarizing the community process. traditional urban design features, planning analysis, hypothetical build -out plan, and the implementation policies. The report will include both descriptive text as well as definitive illustrations, including diagrams, pictures, quotes, maps, and documentation to describe the overall community vision and goals for the City and the four strategy areas. The report will be organized as two complete chapters to be inserted in the Comprehensive Plan. 'task Four — Review and Presentation 4.01 Review the Draft Vision and Goals Report Dover -Kohl will submit an "administrative draft" for City staff and elected/appointed officials review. The City will provide a consolidated set of comments and revisions to Dover -Kohl. After completing revisions, Dover -Kohl will submit a "second administrative draft" for staff review. Once the draft is acceptable to the City, Dover -Kohl will submit a "public draft" for community review and comment. 4.02 Final Presentation Once reviewed and revised. Dover -Kohl will submit the Vision and Goals Report for final review. Dover -Kohl will return to Fayetteville to present the final documents and illustrations of the planning process to the City staff. City Council, and the community. II. Responsibilities of City. Dover Kohl's completion of tasks herein within a timely basis is (airy Plan 2025: Dover, Kohl & Fanners DRAFT November II, 2005 I'age5of8 contingent on City's cooperation in providing available information and its participation with respect to certain project activities. City shall be responsible to Dover Kohl for the timely performance ofthe following tasks: A. Provide, on a timely basis, the Base Information requested in "Exhibit C". B. Provide supplementary information that may be requested from time to time during the course of the Project. C. Provide, supplies. equipment and facilities necessary to create an effective public workshop as requested below: I. For the public workshop, an appropriately sized room to accommodate the public with the required audio/visual equipment. Ttme auditorium must he a large, high- ceilinged room that will accommodate along the walls horizontal displays of several long maps. Dover Kohl must have access to lighting controls and he able to darken the room. the room should he equipped with a projection screen no smaller than nine feet by twelve feet (9x12 ft.) and a working public address or sound system with microphone hook-ups. City shall also provide one (1) wireless "lavaliereclip-on microphone and one (I) wireless hand-held microphone. The auditorium and equipment should he made available to Dover Kohl. as needed. 2. For Recording of all public meetings and workshops. I). Provide additional table facilitators as needed for the workshop. Dover Kohl will provide seven (7) facilitators. There should be one (1) facilitator per every ten (10) attendees to the workshop. Dover Kohl can accommodate seventy (70) attendees. B. Provide a reasonable estimate for the attendance of the workshops. Create an RSVP list, if possible. F. Provide a project coordinator as a single point of contact fix the City. G. City Staff will attend and participate in project meetings upon the request of Dover Kohl. II. Provide public outreach throughout the project and soliciting the attendance of third panics whose participation the City considers important. I. Make every effort to insure the attendance ofa majority of'elected City officials, stakeholders, and investors at the charrette presentations. J. Provide appropriate meeting room(s) for the Charrette meetings, workshops, presentations, and studio workspace, including securing the space. K. Provide necessary refreshments for public involvement events. L. Promptly tender payment of all valid invoices. Ill. List of Final Work Products. Dover Kohl shall produce specific graphic and written deliverables in conjunction with the professional services described in this Attachment. A. Graphic Documents. Graphic Documents will include the following or a reasonable equivalent: I.) Illustrative Master Plan (1). conceptual plan of the City rendered in color and showing streets, green space. and where infill development and new development should occur, and various other features of dcvclopnment; at a scale to be determined. 2.) Perspective Drawings (5), rendered in color and showing examples of typical streets, squares, parks. specific locations of importance or other significant design concepts, as Dover Kohl may deem appropriate. 3.) Diagrams. as needed. rendered in black and white, illustrating ideas or concepts such • City Plan 2025: Dover. Kohl & Partners DRAFFINovember 11.2005 Page 6of9 as street types (drawn in plan & section), building types, architectural elements, and neighborhood design. B. Written Documents. Written Documents will include the following or a reasonable equivalent: I.) Vision and Goals Report, a concise plan document summarizing the community process, traditional urban design features, parking management and transportation strategy, planning analysis, hypothetical build -out plan, advertising and marketing theme and strategy, recruitment strategy. and the implementation strategy. The report will he organized as two complete chapters to he formatted and inserted in the Comprehensive Plan. C. Format of Deliverables. Dover Kohl shall provide final work products to City in the following format: Graphic documents. One (I) full size plot or print of each drawing. at a scale and size to be determined. Graphic documents will also be included in the Master Plan Report and Design Standards. Digital scans of the drawings will he provided on a CD-ROM (1 copy). Upon request and at additional cost, Dover Kohl will also provide additional sets of high quality reproductions of the graphic documents in an appropriate printed fomtat. Written documents. One reproducible and unbound copy of all written documents shall be printed on paper in an appropriate format. One bound copy of the Master Plan Report and Design Standards shall he provided to the City. The documents shall also be digitally stored in an appropriate computer format, and will be provided to City on a CD-ROM (1 copy). The report can also he converted into a read-only format (*.pdf), using the frceware program Adobe Acrobat Reader for reproduction by the City. The Adobe Acrobat format is usually " downloadable" from the Internet if posted to a web site. Additional Copies. City may request additional copies of the above deliverables upon payment to Dover Kohl of the actual reproduction cost, plus a fee for additional services in accordance with Attachment B of this Agreement. • CityI'Ia,025: Dover, Kohl & Partners DRAFT November II. 2005 Page 7 of R ATTACHMENT "13" Professional Fees and Reimbursable Expenses Attachment B supplements the Agreement dated , 2005, by and between the City of Fayetteville, (the City) and The Image Network, Inc. d/b/a Dover, Kohl & Partners (Dover Kohl), and is by such Agreement incorporated therein by reference. 1. Professional Fees. The Client shall compensate Dover Kohl for prolessional services rendered in the performance of this Agreement or in the service of the Client. 1.1 Flat Fee. The City shall make payment to Dover Kohl of professional fees in the amount of $205,000 for the completion of the work in the Agreement. The flat fee does not include reimbursable expenses advanced either in the performance of the Agreement or in the service of City. Such expenses will he billed in accordance with Section II and Ill of this Exhibit. The payment of this sum to Dover Kohl shall he apportioned as follows: Thirty (30%) shall he paid upon the conclusion of Phase I. Fitly (50%) percent shall he paid upon the conclusion of the Charrette;; and the remaining balance shall he apportioned into monthly payments corresponding to the percentage of work completed. II. Maximum Reimbursable expenses. In addition to the payment of professional fees, the City shall reimburse Dover Kohl for reasonable expenses arising in the performance of this Agreement or in the service of the City. A budget not to exceed S20.000 will be set aside as an approximation of reimbursable expenses for this project. Dover Kohl shall invoice such expenses either monthly or from time to time as they may be incurred. The Client shall be advised in advance of any extraordinary reimbursable expenses. Appropriate documentation or receipts shall corroborate all reimbursable expenses. Project expenses deemed within the reasonable discretion of Dover Kohl include the purchase of the following goods and services: (a) Reproduction graphics and reproduction expenses, such as printing, photocopying, photographing, photo -processing, filing, and computer storage supplies and materials; (b) Mailing, packaging, and shipping by couriers, overnight, express, priority, or other type of delivery service or the U.S. Postal Service; (c) Long-distance telephone, fax. and modem charges; (d) Travel expenses, such as transportation, food, and lodging. Food expenses will be reimbursed at an amount close to the 2006 Domestic Per Diem Rate as established by the federal government or $49 per day per person. (e) Commercial rentals, as required, for supplies, equipment, work rooms, meeting rooms, and presentation rooms; (f) Supplemental insurance coverage or insurance policy endorsements required by the Agreement, if Dover Kohl's existing insurance coverage is unacceptable to the City; and (g) Any other miscellaneous or out-of-pocket expenses reasonably contemplated by the scope of services for this Project. Ill. Payments. Dover Kohl shall submit monthly invoices to the City for professional services rendered and reimbursable expenses incurred to date. Such invoices shall be paid in full promptly upon receipt. City Plan 2025: Dover. Kohl & Partners DRAFT November II. 2005 Page 8 of 8 ATTACHM ENT "C" Base Information In accordance with Task 1.04 and 2.02. of the Scope of Services, Dover -Kohl requests the City to provide the following Base Information: SCALE BASE MAPS, in digital and hard copy formats, indicating existing conditions of the project area and context, including significant features above and below the ground, environmental constraints, archaeological sites, utility locations, etc. Maps should specifically include an AutoCAD plan of the project area indicating any property lines, casements, and any existing building footprints and heights, roadways, sidewalks, driveways, curbs and curb cuts, alleys, and traffic control devices, street signage, and current parking. Dover Kohl will work with the City's GIS Department to obtain necessary base map information. AERIAL PHOTOGRAPHS, preferably in color, in plan view and at the largest possible scale. RELEVANT EXISTING REGULATIONS, which may constrain zoning, land use, or previous development proposals envisioned or supported by this Project, and relevant published comments of local government officials and administrators regarding such constraints. ANY OTHER RELEVANT DATA. including pertinent portions of previous local zoning approvals, covenants, and previous site studies, traffic studies, infrastructure studies, market feasibility studies, historical background, etc. Upon commencement of the Project, the City shall provide Dover Kohl with the above information. The City represents to Dover Kohl that it may depend upon the accuracy and completeness of the information so provided. If City is unable to provide any of the requested information, it shall immediately contact Dover Kohl to determine whether such information is reasonably necessary and how such information might otherwise he obtained. If Dover Kohl considers the requested information reasonably necessary for the project and the City remains unable to provide such infomtation, then Dover Kohl may prepare or obtain such information as an additional service compensable in accordance with the Agreement. FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS Memo to Council June 30, 2004 From: Mayor Dan Coody W SQKZP4%1%11 I apologize to each of you for not having the list of potential projects for funding to you in the manner you were expecting. This had been worked out with the staff to give to you before the meeting but, obviously, the paperwork was not given to you as it was supposed to be. After visiting with the Council to get an idea of your wishes concerning how this money could be best utilize, this proposal tries to reflect the visions of both the Council and this administration. This proposal will not satisfy everyone 100%. The wishes for this money ranged from leaving all of it in the bank to spending all of it on one program. This plan represents a middle ground that would give benefit to several projects that are important to this community. While $5.3 million (purchase price after dosing costs plus accrued interest) may sound like a lot of money, it is surprising how quickly it can be absorbed in needed municipal projects. What I have tried to do was focus on projects that are needed in Fayetteville but lack adequate funding. For example, Alderman Jordan wished that some money would go to a new fire station but we are budgeting to fund a fire station in our C.T.P. and we are in the planning stages now for two new stations on the east side as we construct a new station on the west side. Since we have a funding stream in place for this program, I thought it prudent to fund programs where funding was inadequate or non-existent. The only program for potential funding where revenue is regularly programmed Is for street Improvements ($21 million for streets and overlay program in our 5 year C.I.P) because this issue received the highest priority in our citizen's survey. Additional revenue would accelerate our work plan for street improvements. The other earmarks would be for quality -of -life efforts that will also return revenue to the taxpayers over time based on Increased regional and State tourism, provide amenities that would help local companies recruit their best and brightest employees to Fayetteville, and enhance our position in the New Economy as the undisputed cultural center for Northwest Arkansas, Alderwoman Thiel's suggestion for an amount for the Audubon Society is problematic in that the Society has advanced no proposal and does not own any land yet. The memo from our City Attorney's office also raises a concern. However it is ultimately up to the Council as to how these issues are addressed. My recommendations are: $1.8 Million returned to the General Fund for Economic Development to replenish the fund that originally purchased the land. $2 Million for street improvements. $750,000 for the Botanical Garden of the Ozarks that is housed on City property at lake Fayetteville. $500,000 for acquisition and clean up of creek corridor and construction for Scull Creek Multi -Use Trail in the heart of Fayetteville to connect our northern and southern trails. $250,000 for the City-wide, 2025 Master Plan due for updating next year with the caveat that we incorporate a mare comprehensive, detailed land -use plan for the larger community than we have to date. 113 WEST MOUNTAIN 77701 479.521.7700 FAX 4793752257 I [1 FAYETTEVILLE TIIE C IV OF FAYETTEMLLE. ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: Fayetteville City Council FROM: Dan Coody, Mayor DATE: June 29. 2004 Subject Use of Wilson Springs Proceeds 6V,1/icy SpA1Ar MICROFILMED Recommendation It is my recommendation to City Council that we rank th ollowing list of potential uses of the Wilson Springs proceeds in priority order and begin the cess to further refine these uses during the next few months. Discussion The City received approximately $5.2 million for operty the uses listed below is not in any priority order. They do reflect the items revicd in u nversations over the past few weeks. Potential Uses Savings/Economic Dev Street Improvements Matching Funds to the Matching Funds to the Audubon Society Scull Creek Trail Corridor General Plan/ City -Wide Master Plan Update Next Steps Determine amounts to designate for each use Determine amounts and streets Receive proposal for consideration Receive proposal for consideration Determine amounts for the initial phase of project Determine amounts for the initial phase of project N Ir N O IC O (Din —yn (o ≤; n U) m <; o <. - ≤ - o) . o n v. y o 0 r CD a T T V V -, CD 0 2 V N y CD CD CD SU 6) N O_ O_ W W Ro Cl) 0 0 CD a N -s (fl cri- a O O N O 00 -4 O O O N) O O W O 00 �I 0 O W O 00 O1 0 DOVER, KOHL & PARTNERS t o w n p l a n n i n g TRANSMITTAL LETTER Date: November 21, 2005 FORWARD TO: Kit Williams Company: City of Fayetteville Mailing Address: 113 West Mountain Fayetteville, AR 72701 Phone Number: (479) 575-8313 FROM: Margaret Flippen Phone Number: 305-772-6184 RE: Fayetteville City Plan 2025: Executed Agreement Kit, Please find enclosed: (2) signed agreements by Dover, Kohl & Partners for the City Plan 2025 Please let me know if you have any questions or need any additional information. We look forward to getting started. Thanks, Margaret Flippen, AICP, CNU Senior Project Director Clarice From: Clarice Pearman To: Minkel, Karen Date: 12/12/05 3:18PM Subject: Res. 236-05 Karen, Attached is a copy of the resolution passed by City Council, December 6, 2005 regarding Dover, Kohl & Partners. Also attached is a copy of the Service Agreement. I will forward to you one of two originals signed with the appropriate signatures via interoffice mail. You'll also find attached a copy of the budget adjustment which I will forward the original budget adjustment to Budget & Research via interoffice mail. Thanks. Clarice CC: Bell, Peggy; Deaton, Vicki; Fell, Barbara