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Res 1923 2/15/1977RESOLUTION NO. / J A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH HARRIS, KERR, FORSTER AND COMPANY FOR AN ECONOMIC FEASIBILITY STUDY. WHEREAS, the concept of revitalizing the economy of the midtown area is included in the MIDTOWN 2000 Plan policy statement; and, WHEREAS, midtown revitalization will serve to improve economic oppor- tunity for City residents, especially those residing near the midtown area; and, WHEREAS, the concept of an economic feasibility study for the midtown area was approved by the Board of Aldermen during Community Development Block Grant Public Hearings; and, WHEREAS, the Board of Aldermen approved the expenditure of funds for this project; and WHEREAS, Harris, Kerr, Forster and Company are generally recognized as foremost in their field. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA' FALLS, TEXAS, THAT: Gerald G. Fox, City Manager, is authorized and directed to enter into a contract with Harris, Kerr, Forster and Company for an economic feasibility study based on the contract and scope of services which are attached hereto. PASSED AND APPROVED THIS THE ,` e day of .,-G%->>u"Z.i[__r 1977. 91 - M A O R ATTEST: er•. =---- CITY CLERK CONTRACT FOR PERSONAL SERVICES COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT THIS AGREEMENT, entered into on this 1977, by and between Harris, Kerr, Forster and Company, herein called the "Contractor" and the City of Wichita Falls, Texas, herein called the "Planning Agency," WITNESSETH THAT: WHEREAS the Planning Agency desires to engage the Contractor to render certain technical or professional services hereafter described in connection with an undertaking which is expected to be financed under a Community Development Block Grant: NOW THEREFORE, the parties hereto do mutually agree as follows: 1. Employment of Contractor. The Planning Agency hereby agrees to engage the Contractor and the Contractor hereby agrees to perform in cooperation with the Planning Agency the services hereinafter set forth in connection with the project of the Planning Agency under Community Development Block Grant No. B-76-MC-48-0030. 2. Area Covered. The Contractor shall perform all the necessary services provided under this Contract in connection with and respecting the following area or areas, herein called the "Planning Area:" The City of Wichita Falls, Texas. 3. Scope of Services. The Contractor shall do, perform, and carry out in a satisfactory and proper manner, determined by the Planning Agency, the services described in Attachment 1. 4. Personnel. a) The Contractor represents that he has, or will secure at his own expense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the Planning Agency. b) All of the services required hereunder will be performed by the Contractor or under his supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized under State and local law to perform such services. c) None of the work or services covered by this Contract shall be sub-contracted without the prior written approval of the Planning Agency. 5. Time of Performance. The services of the Contractor are to commence as soon as practicable after the execution of this Contract and shall be undertaken and completed in such sequence as to assure their expeditious completion in the light of the purposes of this Contract, but in any event all of the services required hereunder shall be completed by June 30, 1977. 6. Compensation. The Planning Agency agrees to pay the Contractor on a reimbursable rate fee basis, using the rates and procedure as indicated in the attached schedule (Attachment No. 1), subject to a maximum amount of $7,000.00.In no event shall the total fee paid exceed this maximum amount without the prior written approval of the Planning Agency. 7. Method of Payment. The Contractor shall submit a summary of hours worked by labor classification. Payment will be made, however, in two payments. The first payment of $3,000 will be made at the time the Contractor completes the field study, prior to preparation of the written report. The second payment, $2,500 plus expenses, total payment not to exceed $4,000 will be made upon completion of the work and submission of the written report. 8. Termination of Contract for Cause. If at any point during the course of the market survey, preliminary findings tend to indicate insufficient demand, the Contractor will notify the Planning Agency and a conference will be held to discuss the findings. Should the Planning Agency decide at this time to change the scope of the study, the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed. If, through any cause, the Contractor shall fail to fulfill in timely and proper manner his obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, the Planning Agency shall thereupon have the right to terminate this Contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the Contractor under this Contract shall, at the option of the Planning Agency, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work ecompletedonsuchdocumentsandothermaterial.trial. Notwithstanding the above, the Contractor shall not be relieved of liability to the Planning Agency for damages sustained by the Planning Agency by virtue of any breach of the Contract by the Contractor, and the Planning Agency may withhold any payments to the Contractor for the purposes of setoff until such time as the exact amount of damages due the Planning Agency from the Contractor is determined. 9. Termination for Convenience of Planning Agency. The Planning Agency can terminate this Contract at any time by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least ten (10) days before the effective date of such termination. In that event, all finished or unfinished documents and other materials as described in Paragraph 8 above shall, at the option of the Planning Agency, become its property. If the Contract is terminated by the Planning Agency as provided herein, the Contractor will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Contractor covered by this Contract, less payments of compensation previously made. 10. Changes. The Planning Agency may, from time to time, require changes in the scope of the services of the Contractor to be performed hereunder. Such changes, including any increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon by and between the Planning Agency and the Contractor, shall be incorporated in written amendments to this Contract. 11. Equal Employment Opportunity. a) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such actions shall include, but not be limited to the following: employment, upgrading, demotions, or transfers, recruitment or recruitment advertising; layoffs or terminations; rates of pay or other forms of compensation; selection for training including apprenticeship; and participation in recreational and educational activities. The Contractor agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided setting forth the provisions of this non-discrimination clause. The Contractor will in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this contract so that such provisions will be binding upon such subcontractor provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. b) The Contractor shall keep such records and submit such reports concerning the racial and ethnic origin of applicants and employees as the Planning Agency may require. c) The Contractor agrees to comply with such rules, regulations, or guidelines as HUD may issue to implement this project. 12. Interest of Members of Planning Agency and Others. No officer, member, or employee of the Planning Agency and no members of its governing body, and no other public official of the governing body of the locality or localities in which the Project is situated or being carried out who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this Project, shall participate in any decision relating to this Contract which affects his personal interest or the interest of any corportation, partnership, or association in which he is, directly or indirectly interested or has any personal or pecuniary interest, direct or indirect, in this Contract or the proceeds thereof. 13. Assignability. The Contractor shall not assign any interest in this Contract, and shall not transfer any interest in the same (whether by assignment or notation), without the prior written consent of the Planning Agency thereto: Provided, however, that claims for money due or to become due to the Contractor from the Planning Agency under this Contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Planning Agency. 14. Interest of Contractor. The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed of this Contract. The Contractor further covenants that in the performance of this Contract no person having any such interest shall be employed. 15. Findings Confidential. Any reports, information, data, etc., given to or prepared or assembled by the Contractor under this Contract which the Planning Agency requests to be kept as confidential shall not be made available to any individual or organization by the Contractor without the prior written approval of the Planning Agency. 16. Officials Not to Benefit. No members of or delegate to the Congress of the United States of America, and no resident commissioner, shall be admitted to any share or part hereof or to any benefit to arise herefrom. 17. Identification of Documents. All reports, maps, and . other documents completed as a part of this Contract, other than documents exclusively for internal use within the Planning Agency, shall carry the following notation on the front cover or a title page, (or in the case of maps, in the same block containing the name of the Planning Agency) The preparation of this report, map, document, etc., was financed by a Community Development Block Grant from the Department of Housing and Urban Development, under the provisions of Title I of the Housing and Community Development Act of 1974, as amended, together with the date (month and year) the document was prepared and the name of the municipality, metropolitan area, or other planning area concerned. 18. Publication, Reproductionduction and Use of Material.al. N o material rodup ced in whole or in part under this Contract shall be subject to copyright in the United States or in any other country. The Planning Agency and HUD shall have unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data, or other materials prepared under this Contract, subject to the related clause in Attachment 1. 19. Audits and Inspections. At any time during normal business hours and as often as the Planning Agency, HUD and/or the Comptroller General of the United States may deem necessary, there shall be made available to the Planning Agency, HUD, and/or representatives of the Comptroller General for examination all of its records with respect to all matters covered by this Contract and will permit the Planning Agency, HUD, and/or representatives of the Comptroller General to audit, examine and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Contract. 20. The attached Section 3 Plan is a part of this contract. IN WITNESS WHEREOF the Planning Agency and the Contractor have executed this agreement as of the date first above written. City of Wichita Falls Planning Agency ATTEST: BY Gerald G. Fox, City Manager 722/1R P.) //A kj-c. Y Af2,-y-y) /*Art epic? Contractor IBYrT'`'>`i Title Title and Capa .ty) City Clerk ATTACHMENT I SCOPE OF SERVICES ECONOMIC FEASIBILITY STUDY This Scope of Services outlines the work to be done in preparing the EconomicFeasibilityStudyforahotelfacilityincommunitydevelopmenttargetsectorsinWichitaFalls, Texas. STUDY OBJECTIVES The study objectives would be as follows: 1) Evaluation of each site to determine the potentials for the development of ahotel. 2) Determination of the demand for the facility and the translation of the demand into specific recommendations as to size and type of development along withthesupportingamenities. 3) Prepare projections of estimated income and expense for the project. The statement would be brought down to estimated income before capital charges such as rent, interest, depreciation, amortization and taxes on income. 4) The preparation of the final report for the project, assuming positive findings and conclusions, that will set forth the details and findings of the study andassistinthedeterminationoftheeconomicfeasibilityoftheproject. METHODOLOGY The study will be divided into two phases as follows: Phase I - Market Surveys A. Site Locations The sites would be evaluated relating to their intended uses i.e.: a) Location relative to demand generators b) Ease of ingress and egress c) Environment d) Effect of future plans e) Competitive factors f) Transportation factors B. Analysis of Demand For The Hotel Facility a) Evaluation of economic trends in the community as they relate tosustainingdemandforhotelservicesnowandinthefuture. b) Analysis of potential sources of business Commercial travelers Group meetings Conventions Tourists & visiting travelers to the community c) Analysis of competition i.e. qualitative and quantitative assessment of the lodging industry in Wichita Falls. On the basis of these findings, recommendations will be made as to the facilities required and estimates will be developed as follows: Number of guest rooms Size of restaurant and lounge Meeting space requirements Related services and amenities Estimates of occupancy levels that may be attained Estimates of average room rate Phase II - Financial Analysis On the basis of market survey findings, statements of estimated income and expense for the development will be prepared. The financial projection will be presented at three volume levels expressed in current value dollars for a representative year of operation. If at any point during the course of this survey, preliminary findings tend to indicate insufficient demand, this contract may be terminated or amended as defined in Paragraph 8 of this contract. Upon completion of this study, the contractor will submit to the PlanningAgencyawrittenreportwhichexpressestheContractor's opinion of the market demand for the project. The report may be used to assist the Planning Agency in negotiating mortgagefinancing, a franchise or management agreement. However, neither the contractor's name nor the material submitted will be reproduced or included in any prospectus, newspaper publicity, or as a part of any printed material, or used in offerings or representations in connection with the sale of securities or participation interests to the public. FEE SCHEDULE Contractor's Fee . . . $5,500 Expenses 1,500 Total 7,000