HomeMy WebLinkAboutresolution.council.050-08RESOLUTION #
(Series of 2008)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO, AND MAXIMUS FINANCIAL SERVICES, INC.
SETTING FORTH THE TERMS AND CONDITIONS REGARDING FEE
STUDY FOR PLANNING, BUILDING PERMITS, AND INSPECTION FEES
AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
CONTRACT
WHEREAS, there has been submitted to the City Council a contract
between the City of Aspen, Colorado, and Maximus Financial Services, Inc., a
copy of which contract is annexed hereto and made a part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section 1
That the City Council of the City of Aspen hereby approves that contract
between the City of Aspen, Colorado, and Maximus Financial Services, Inc.
regarding fee study for planning, building permits, and inspection fees a copy of
which is annexed hereto and incorporated herein, and does hereby authorize the
City Manager of the City of Aspen to execute said contract on behalf of the City of
Aspen.
Dated: GJ~~sc~- /0, 2.~
Michael .Ireland, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held June 9, 2008.
~~~
Kathryn S och, ity Clerk
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement made and entered on the date hereinafter stated, between the CITY OF
ASPEN, Colorado, ("City") and MA3fIMMUS FINANCIAL SERICES, INC, ("Professional").
For and in consideration of the mutual covenants contained herein, the parties agree as
follows:
1. Scone of Work. Professional shall perform in a competent and professional manner
the Scope of Work as set forth at Exhibit "A" attached hereto and by this reference incorporated
herein.
2. Completion. Professional shall commence work immediately upon receipt of a
written Notice to Proceed from the City and complete all phases of the Scope of Work as
expeditiously as is consistent with professional skill and care and the orderly progress of the Work in
a timely manner. The parties anticipate that all work pursuant to this agreement shall be completed
no later than August 31, 2008. Upon request of the City, Professional shall submit, for the City's
approval, a schedule for the performance of Professional's services which shall be adjusted as
required as the project proceeds, and which shall include allowances for periods of time required by
the City's project engineer for review and approval of submissions and for approvals of authorities
having jurisdiction over the project. This schedule, when approved by the City, shall not, except for
reasonable cause, be exceeded by the Professional.
3. Payment. In consideration of the work performed, City shall pay Professional on a
time and expense basis for all work performed. The hourly rates for work performed by Professional
shall not exceed those hourly rates set forth at Exhibit "B" appended hereto. Except as otherwise
mutually agreed to by the parties the payments made to Professional shall not initially exceed
$56,160.00. Professional shall submit, in timely fashion, invoices for work performed. The City shall
review such invoices and, if they are considered incorrect or untimely, the City shall review the
matter with Professional within ten days from receipt of the Professional's bill.
4. Non-Assignability. Both parties recognize that this contract is one for personal
services and cannot be transferred, assigned, or sublet by either party without prior written consent
of the other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the
responsibilities or obligations under this agreement. Professional shall be and remain solely
responsible to the City for the acts, errors, omissions or neglect of any subcontractors officers, agents
and employees, each of whom shall, for this purpose be deemed to be an agent or employee of the
Professional to the extent of the subcontract. The City shall not be obligated to pay or be liable for
payment of any sums due which may be due to any sub-contractor.
5. Termination. The Professional or the City may terminate this Agreement, without
specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying
the effective date of the termination. No fees shall be earned after the effective date of the
termination. Upon any terminafion, all finished or unfinished documents, data, studies, surveys,
PS1-971.doc Page 1
drawings, maps, models, photographs, reports or other material prepared by the Professional
pursuant to this Agreement shall become the property of the City. Notwithstanding the above,
Professional shall not be relieved of any liability to the City for damages sustained by the City by
virtue of any breach of this Agreement by the Professional, and the City may withhold any payments
to the Professional for the purposes of set-off until such fime as the exact amount of damages due the
City from the Professional may be determined.
6. Covenant Against Contineent Fees. The Professional warrants that s/he has not
employed or retained any company or person, other than a bona fide employee working for the
Professional, to solicit or secure this contract, that s/he has not paid or agreed to pay any company or
person, other than a bona fide employee, any fee, commission, percentage, brokerage Fee, gifts or
any other considerafion contingent upon or resulting from the award or making of this contract.
7. Independent Contractor Status. It is expressly acknowledged and understood by the
parties that nothing contained in this agreement shall result in, or be construed as establishing an
employment relationship. Professional shall be, and shall perform as, an independent Contractor
who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent,
employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or
servant of the City. City is interested only in the results obtained under this contract. The manner
and means of conducting the work are under the sole control of Professional. None of the benefits
provided by City to its employees including, but not limited to, workers' compensation insurance and
unemployment insurance, are available from City to the employees, agents or servants of
Professional. Professional shall be solely and entirely responsible for its acts and for the acts of
Professional's agents, employees, servants and subcontractors during the performance of this
contract. Professional shall indemnify City against all liability and loss in connection with, and shall
assume full responsibility for payment of all federal, state and local taxes or contributions imposed
or required under unemployment insurance, social security and income tax law, with respect to
Professional and/or Professional's employees engaged in the performance of the services agreed to
herein.
8. Indemnification. Professional agrees to indemnify and hold harmless the City, its
officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and
demands, on account of injury, loss, or damage, including without limitation claims arising from
bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of
any kind whatsoever, which arise out of or are in any manner connected with this contract, if such
injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part
by, the act, omission, error, professional error, mistake, negligence, or other fault of the Professional,
any subcontractor of the Professional, or any officer, employee, representative, or agent of the
Professional or of any subcontractor of the Professional, or which arises out of any workmen's
compensation claim of any employee of the Professional or of any employee of any subcontractor of
the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense
for and defend against, any such liability, claims or demands at the sole expense of the Professional,
or at the option of the City, agrees to pay the City or reimburse the City for the defense costs
incurred by the City in connection with, any such liability, claims, or demands. If it is determined by
the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused
PS1-971.doc page 2
in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the
City shall reimburse the Professional for the portion of the judgment attributable to such act,
omission, or other fault of the City, its officers, or employees.
9. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own
expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands,
and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall
be in addifion to any other insurance requirements imposed by this contract or by law. The
Professional shall not be relieved of any liability, claims, demands, or other obligations assumed
pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of
its failure to procure or maintain insurance in sufficient amounts, duration, or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of the
Professional to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the City. All
coverages shall be continuously maintained to cover all liability, claims, demands, and other
obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims-made
policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain
such continuous coverage.
(i) Workers' Compensation insurance to cover obligations imposed by
applicable laws for any employee engaged in the performance of work under this contract, and
Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS
($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease
- policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease -each
employee. Evidence of qualified self-insured status may be substituted for the Workers'
Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single
limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MII,LION
DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and
operations. The policy shall include coverage for bodily injury, broad form property damage
(including completed operations), personal injury (including coverage for contractual and
employee acts), blanket contractual, independent contractors, products, and completed
operations. The policy shall contain a severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,00-
0.00) aggregate with respect to each Professional's owned, hired and non-owned vehicles
assigned to or used in performance of the Scope of Work. The policy shall contain a
severability of interests provision. If the Professional has no owned automobiles, the
requirements of this Section shall be met by each employee of the Professional providing
services to the City under this contract.
PSl-97l.doc Page3
(iv) Professional Liability insurance with the minimum limits of ONE MILLION
DOLLARS ($1,OOQ000) each claim and ONE MILLION DOLLARS ($1,000,000)
aggregate.
(c) The policy or policies required above shall be endorsed to include the City and the City's
officers and employees as additional insureds. Every policy required above shall be primary insur-
ance, and any insurance tamed by the City, its officers or employees, or carried by or provided
through any insurance pool of the City, shall be excess and not contributory insurance to that
provided by Professional No additional insured endorsement to the policy required above shall
contain any exclusion for bodily injury or property damage arising from completed operations. The
Professional shall be solely responsible for any deductible losses under any policy required above.
(d) The certificate of insurance provided by the City shall be completed by the Professional's
insurance agent as evidence that policies providing the required coverages, conditions, and minimum
limits are in full force and effect, and shall be reviewed and approved by the City prior to
commencement of the contract. No other form of certificate shall be used. The certificate shall
identify this contract and shall provide that the coverages afforded under the policies shall not be
canceled, terminated or materially changed until at least thirty (30) days prior written notice has
been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of contract
upon which City may immediately terminate this contract, or at its discretion City may procure or
renew any such policy or any extended reporting period thereto and may pay any and all premiums
in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon
demand, or City may offset the cost of the premiums against monies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00
per person and $600,000 per occurrence) or any other rights, immunities, and protections provided
by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to
time amended, or otherwise available to City, its officers, or its employees.
10. Citv's Insurance. The parties hereto understand that the City is a member of the
Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA
Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen
Finance Department and are available to Professional for inspection during normal business hours.
City makes no representations whatsoever with respect to specific coverages offered by CIRSA.
City shall provide Professional reasonable notice of any changes in its membership or participation
in CIRSA.
PSI-971.doc Page4
11. Completeness of Agreement. It is expressly agreed that this agreement contains the
entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or
written representations, agreements, warranties or promises pertaining to the project matter thereof
not expressly incorporated in this writing.
12. Notice. Any written notices as called for herein may be hand delivered to the
respective persons and/or addresses listed below or mailed by certified mail return receipt requested,
to:
City:
City Manager
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Professional:
Anita White
Maximus Inc.
10200 E. Girard Avenue, Building B
Suite, 223
Denver, CO 80231
13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital
status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or
religion shall be made in the employment of persons to perform services under this contract.
Professional agrees to meet all of the requirements of City's municipal code, Section 13-98,
pertaining to non-discrimination in employment.
14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not
operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or
condition of this Agreement can be waived except by the written consent of the City, and
forbeazance or indulgence by the City in any regazd whatsoever shall not constitute a waiver of any
term, covenant, or condition to be performed by Professional to which the same may apply and, until
complete performance by Professional of said term, covenant or condition, the City shall be entitled
to invoke any remedy available to it under this Agreement or by law despite any such forbeazance or
indulgence.
15. Execution of Agreement by City. This agreement shall be binding upon all parties
hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein, this agreement shall not be binding upon the City unless
duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence)
following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a
duly authorized official in his absence) to execute the same.
16. Illegal Aliens -CRS 8-17.5-101 & 24-76.5-101.
a. Pumose. During the 2006 Colorado legislative session, the Legislature passed
House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added
PS1-971.doc Page 5
new statutes relating to the employment of and contracting with illegal aliens. These new
laws prohibit all state agencies and political subdivisions, including the City of Aspen,
from knowingly hiring an illegal alien to perform work under a contract, or to knowingly
contract with a subcontractor who knowingly hires with an illegal alien to perform work
under the contract. The new laws also require that all contracts for services include
certain specific language as set forth in the statutes. The following terms and conditions
have been designed to comply with the requirements of this new law.
b. Definitions. The following terms are defined in the new law and by this reference
are incorporated herein and in any contract for services entered into with the City of
Aspen.
"Basic Pilot Program" means the basic pilot employment verification program
created in Public Law 208, 104th Congress, as amended, and expanded in Public Law
156, 108th Congress, as amended, that is administered by the United States Department
of Homeland Security.
"Public Contract for Services" means this Agreement.
"Services" means the furnishing of labor, time, or effort by a Contractor or a
subcontractor not involving the delivery of a specific end product other than reports that
are merely incidental to the required performance.
c. By signing this document, Professional certifies and represents that at this time:
(i) Professional shall confirm the employment eligibility of all employees who
are newly hired for employment in the United States; and
(ii) Professional has participated or attempted to participate in the Basic Pilot
Program in order to verify that new employees are not employ illegal aliens.
d. Professional hereby confirms that:
(i) Professional shall not knowingly employ or contract new employees
without confirming the employment eligibility of all such employees hired for
employment in the United States under the Public Contract for Services.
(ii) Professional shall not enter into a contract with a subcontractor that fails
to confirm to the Professional that the subcontractor shall not knowingly hire new
employees without confirming their employment eligibility for employment in the
United States under the Public Contract for Services.
(iii) Professional has verified or has attempted to verify through participation
in the Federal Basic Pilot Program that Professional does not employ any new
employees who are not eligible for employment in the United States; and if
PSI-971.doc Page 6
Professional has not been accepted into the Federal Basic Pilot Program prior to
entering into the Public Contract for Services, Professional shall forthwith apply
to participate in the Federal Basic Pilot Program and shall in writing verify such
application within five (5) days of the date of the Public Contract. Professional
shall continue to apply to participate in the Federal Basic Pilot Program and shall
in writing verify same every three (3) calendar months thereafter, until
Professional is accepted or the public contract for services has been completed,
whichever is earlier. The requirements of this section shall not be required or
effective if the Federal Basic Pilot Program is discontinued.
(iv) Professional shall not use the Basic Pilot Program procedures to undertake
pre-employment screening of job applicants while the Public Contract for
Services is being performed.
(v) If Professional obtains actual knowledge that a subcontractor performing
work under the Public Contract for Services knowingly employs or contracts with
a new employee who is an illegal alien, Professional shall:
(1) Notify such subcontractor and the City of Aspen within
three days that Professional has actual knowledge that the subcontractor
has newly employed or contracted with an illegal alien; and
(2) Terminate the subcontract with the subcontractor if within
three days of receiving the notice required pursuant to this section the
subcontractor does not cease employing or contracting with the new
employee who is an illegal alien; except that Professional shall not
terminate the Public Contract for Services with the subcontractor if during
such three days the subcontractor provides information to establish that
the subcontractor has not knowingly employed or contracted with an
illegal alien.
(vi) Professional shall comply with any reasonable request by the Colorado
Department of Labor and Employment made in the course of an investigation that
the Colorado Department of Labor and Employment undertakes or is undertaking
pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S.
(vii) If Professional violates any provision of the Public Contract for Services
pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of
Aspen may terminate the Public Contract for Services. If the Public Contract for
Services is so terminated, Contractor shall be liable for actual and consequential
damages to the City of Aspen arising out of Professional's violation of Subsection
8-17.5-102, C.R.S.
(ix) If Professional operates as a sole proprietor, Professional hereby swears or
affirms under penalty of perjury that the Professional (1) is a citizen of the United
PS1-971.doc Page 7
States or otherwise lawfully present in the United States pursuant to federal
law,(2) shall comply with the provisions of CRS 24-76.5-101 et seq., and (3) shall
produce one of the forms of identification required by CRS 24-76.5-103 prior to
the effective date of this Agreement.
17. General Terms.
(a) It is agreed that neither this agreement nor any of its terms, provisions,
conditions, representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the parties.
(b) If any of the provisions of this agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other
provision.
(c) The parties acknowledge and understand that there are no conditions or
limitations to this understanding except those as contained herein at the time of the execution hereof
and that after execution no alteration, change or modification shall be made except upon a writing
signed by the parties.
(d) This agreement shall be governed by the laws of the State of Colorado as
from time to time in effect.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement in three copies each of which shall be deemed an original on the
date hereinafter written.
[SIGNATURES ON FOLLOWING PAGE]
ATTESTED BY: CITY OF ASPEN, COLORADO:
PSI-971.doc Page 8
WITNESSED BY:
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PS1-971.doc Page 9
EXIIIBIT "A" to Professional Services Agreement
Scope of Work
City of AapenlPitkln County
Planning, Building, and Hea1tN Fea Study MAxuvltS
taAXatUS' work plans have Uean rotined over time to enwre that our clients receive
products that are accurate, reliable, and detencible. ^A)Uaua tailor Ks work plane
to produce ezeeptional products according to each dienfa unique needs.
Pruented below are the specific work puns end actittiliea associated with the
Uacr Fce Stady. Following the pruentation of the work plant there is a project
schedule that shows the individual elements and associated time frames of the
work plan.
PROJECT APPROACH
MAXIMUS has identified raven critical (asks to a successful User Fee Study. We
follow these tasks to ensure a quality service. The following tasks will tm
perfomted for each fee; however, task 5 focuses on reviewing [ho tlrrx associated
with building fees mtd is generally based upon moving from valuation-based fees
to time-based feu. If the City/Cwmty do not wish this task to Lx canrtucted, we
have separated out the task and associated budget. Far the Environmental HcaIW
_ feu,'faakSwill notMperformcd.
^ Task 1: Initiate projat and determine which ices will ire ixtudrd and
excluded from the study.
^ 'task 2: Work wiW CitylCounty staff to pmjcct estimated vwrk load
" (permits, dcvdopmrnt, etc J far nett 4 yeers and poteatial•relatcdeost
ivcreasu
^ Task 3 Build the new fee models into which data will later be populated.
^ Task 4: Input wd mtalyu the data, including budgets, time, and volumes.
" These three primary data items are essential to all ofthe models.
^ '1'nsk 5 (optional-based upon moving from valuation-based feu}: For
_ Building feu, conduct a fee comparison analysis to determine whether the
rosulty of the Ciy'slCounty's models reflect approximntely the same amount
of Lima as those in otherjurisdiaions. Should they differ, identify
explanations.
^ Tnsk 6: Conduct iterfltive reviews of the data models to atsmx that the data
era reasonable, balanced, and without gaps.
^ Task 7: Prepam and present the final report W the CitylCounty.
Each of these seven tasks is described is more dcteil below.
TASK 1: INITIATE THE PROJECT
', Specific tasks we idariified as critical to initiating a sueaaetul project aze:
^ Establish, verify, and confinn the scope of the project.
^ Meet with departmemal leadership in person, in conference calls, and/or on-
line conferevcu to identify and review operational, policy, and 5nmtciel
issues that may insult Erom the projat.
Pose 2d
PS1-971.doc Page 10
City of Aspen/Pitkin County
Planning, Building, and Health Fee Study MAXIML-
^ Gather bavic financial data such as budgets, organization charts, position
listings, revenue reports, data required to forecast future work load and
rosowce requirements, and atirrent fee schedules.
TASK 2: DEVELOP FORECASTS OF WORK LOAD DATA (BUILDING
PERMITS, DEVELOPMENT, ETC) AND ASSOCIATED RESOURCE
REQUIREMENTS
1n collaboratve work sessions, aw economist will work with City/County staff
to determine issues to bo included in forccnsting work load far the next 4 yams.
This wit! include assessments of the impacts of both national oral local economic
issues (we recognise that Pitkin County/Aspen have unique charaMerisUcs that
require a greater emphasis upon local economic conditiortsj. We will d~welop
growth models which will ba reviewed with City/County staff for consistency
with their own assumptions about gmwtit, along with methalsfor periodic
rovievv for asstmiption/model updates, We assume that the County does wish to
have this fonraM prepared or Environmental ilealih fees:
TASK 3: BUII-D THE OPERATIONAL COSTING MODEL
'. In. highly collaborative work sessions, MAXtMtJS will work with City/County
staff and !cadetship to identity and define those work processes that produce
City/County services. WiUr aD deparunwds included in this fee study, MAXIMUS
will facilitate a prcrcasa thm identifies mission critical processes, arrd we will
' rhea define drone prod by the activities and tusks tlmt support them. One
oiliest dij(erentiafor abouf the AlAx7MUSapproach is that 65-75~ of the data
collealioa wilt ba done onsife. fYe do not believe in passing sat worksheets to be
nompleted ar a later date by sta/j Dwing tlvia Task , specifo steps include:
^ Identify tht core business processes for ttre specific deparlmem being
reviowed.
^ Defute each business process to the work tasks and activities that are
rcyuircd.
^ Review and tnsttuuture fee schedules, as required.
^ Develop Time estimates 6y process and by service category {fee),
^ Request annual volume data for each service category.
^ Consider imputs of forecast work load and resource data
TASK 4: DATA INPUT AND ANALYSIS
This third step involves inputting expense, time, and volume date into our
modeling software for each Ihpartment. While City staff are asked to ptirvido
wlume and currcot fx level data, MAXIMUS staff input this data htto the model
- off site. With all initial data in the model, MAXI,YtUS staff begin to perform the
fee analysis. Speck activities include:
^ Calculating ProduMive Hourly Rates.
Pane 25
PSI-971.doe Page 11
of Aspen/Pltktn County
Fee
^ Reviewing source data, including the City's/County's Cost Allocation Plans.
^ Producing a gap analysis at three levels:
- ^ Total Iwurs available va. total hoors assigned.
^ 'Dotal revenue projected vs. total project costs.
' ^ Tota7 resource requirements over next four years vs. current
requiremcros and estimated tests
As necessary, MAXIMUS staff will work with City/Cuunty araf£to resolve any
gape, missing data, or other inconsistencies.
TASK 5: REVIEW TIME DATA TO MAXIMUS DATABASE
MAXIMUS has been supporting governmevw for over 30 years. From these
studies, MAXIMUS has gencmled an extensive database of the actual time and
Hosting inputs. The graph below shows a sampling of those date comparisons for
Building plan check and inspection times.
MAXIMUS compares Um City's/County's coaling inputs (typically, time
estinutus) against a universe of comparablejwisdictions. Should the
Cily'slCounty's time inputs vary significantly from those of otharjurisdictions,
MAXIMUS will work with the City/County to help identify possible explanations
(e.g., long drive limes, perfonnance standards, eu.).
TASKS: ITERATIVE REVIEWS AND QUALPTY ASSURANCE
Assuring the quality and the accuracy otcatculations aro critical to a defensible
set of fees, and ease the fatal implementation. of those fees. Wo hold fotmat
reviews of dew and results to develop defensible fees. These reviews include
QUALITY from lime staff and division/dcpartmcnt managers. Specific tasks that comprise
ASSURANCE this step are:
Quality input= ^ Confirm the accuracy of coo dew.
qu9lfry output.
Therefore, menage
the Input
Page 16
PSI-971.doc Page 12
Cify of Aspen/Pifkin County
', Planning, Building, and Health Fea Study MAXIMgS
^ Balane total time available with total time tlmt has been assigned.
^ Balance oust with revenues.
^ Departmental sign off ihal the costing model is an aceurete reflection of
' current reality and expected changes for the next four years.
TASK 7: DELIVERY AND PRESENTATION OF FINAL REPORTS
Once the City/County have reviewed tha results of the fee study, MAXIMIIS will.
prepare and deliverto them a wlnprchcnsive report (in both paper end electronic
form). We will also make a pmsenmfron of the results to the City Council and
t11a Hoard of County Cormnissioners. ortions of tables and graphs Crom our final
reports are provided below:
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-Total fiOaL
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-LLLL er awriw T.6d i
PL4
pMdn Vi6anCa Per baue,m ]]96.99 14T3.OD 325.99
PL G ~ s P I K 30_5.39
~ 1,110.00 795.39
PLa E>lemlina .76 51&5.00 159,76
PL 7 Ptbl /1e - CaMabnLl (/!e Pelrra3 ne ~ T&N 19021.79 d Si4 t. D
PL6 Ve4anro 8M $13972.5] 120A0 852.
PL9 PWIk I a k 8M / 1 t.
_
PL 10 P~pc ReaMxr Exlanei9na _ ~_~,~_,~,
~~~~~ DifwR ~ 2 5/. __}f 5.24
PL 11
lave - rax9_ ~~8851.33 $2575.00 078.33
PL 11__ P Rae' nReWiw oaa b 0493.06 ___._$9110_00 ___1 18373.00
Pagc27
PS1-971.doc Page 13
of Aepen/Pitkin County
mina. Buiidina. and Health Fee
Funding Summery
~Recoveretl by Fees ~ Charged b Oepanmenb -' Charged to Otlur Funtls
nua
Annual Annual Censnl
Volume AcWal Revenw~ Fumi
Work llam Unit tB Of Unltc) Annwl Cost Current POO Subsidy
Slantlao Hou Rate 8 S S
Anbnnasl Ge4 ti tshaBer FCWded each ifi E 1471 S 480 2008
Awnin an a b bulkl Comm. each 3 690 7&7 S 460
Car •Reoitlon8al each 28 7400 2838 g (4462}
Camrrian5a1 C08ch unE each uNt 2 S 78S S 850 E 133
0etlc U to 300 .H earn 4G 8819 4324 S 5495
Detlc Over 300 .h, eeM
v 806 S 258417 S 383200 704783
penaratbn each 72 690 $ 120 $ 60
_
poor S E
Newdoor strupurel ahearw9lPnteso each 1 $ s3 S fi0 E
Du Gcab / klcemsMJOb CaN each -
F or FreaateMl Wali nonanaeo S E -
> 61est in MiBM 10100 Lt. 2 249 E 120 $ t29
_
Eaoh edditiaral t00 P each 100 Li. E S - E -
We believe we are the only firm to provide the type of infottnation shown in the
graph above.
Page 38
PS1-971.doc Page 14
Ciry of AspenlPltkin County
City Resources Required
b is txidcal that both ^A)gMUS and the CdylCounty function together ae a,team to
deVebp user fee schedules that are atxunte, rellaWe, and eerily understood. By
working together, MAJUMUS can minimize the need (or data correction and project
delays.
INTERACTNE ROLE
In We lastyear, MAXIMl7S moditkd its epproaoh towards eomplctien of ifscr
Fee Studies. Foanerly, MAXIMUS staff would conduct imroduIXOry meetings
_ with CitylCounty staff and then leave them a large number of dacumams to fill
out and return. We learned. that that process creates a number of diseconomtes
and time delays. 77vts, MAXIMUS takes a more interauive approach now, and
works with its clients to complete the worksheets mt-site. Among the bmteLts of
this approach are:
^ Ciry7County staff understand the model requirements better, which itureasas
the accuracy, reliability, and validity of the data collected.
^ City(County staff am positioned to interpret the results of the model to their
customers, the City Council, Board of County Conunisaioners, and new
staff:
^ There arc Cewer revisions required m build the model, along with fewer
delays associated with revision cycles.
^ City/Comrty staff tend W enjoy the task of dale acquisition batter, as it gives
them a chance to irdemct with MAXIMUS staff who bring a muld-
jurisdiction perspective to the model.
^ The models are completed on a more timely basis.
In order to use this approach, the CityJCounty must commit to meeting
schedules, which typically rnnsumehalf- or tvB-day increments. If City/County
staff are mrable to meet for pmiods of four hours at a time, then delays will
ensue, and the east of the model production will increase. White MAXIMt1S is
flexible with scheduling, it is important for the City/County W know the
'.. danands Wet this riudy wits be placing on staff.
DATA COLLECTION
hr addition, there is some informafloa, such ere volume data, that only
CityJCounty staff can provide. MAXAUS assumes that the City/County wiB
gaWer that data, typically from existing computer systems andlor file records, ere
oudined above in We work plan. Anoihc necessary commitment for
CitylCoutttysmff is to review and critique the data, assumptions, and
rocontntcndations, particularly upon delivery of We draft plans.
Pane Z9
PSI-971.doc Page l5
City of AspeNPltkin County .l~it-F-f~
Planning, 8uliding, and Health Faa Study MAXIMUS
The two primary data items that can take some time for the City/County to
collect are the volume data; e.g., We number of inepectione performed in the last
year for single family home with sires in the rmgc of2,5o0-3,500 square feet
and the growth-rehucd data. We will be asking the City/County to provide us
with volume counts and the mtrent average Fees Pot each of these ncdvitip. In
soma cases, clients cart gmerete this information from their permitting system. In
outer cases, clients resort to band bourns. Given the variability among databases,
'. it is hard to predict at this time how much effort will be regttired to complete this
task. Thegrowth-related data a riot always cleaAy documented and we cannot
predict the time associated with this analysis. Typically, we would assume
City/County staff would need 1.3 weeks to gadur data and discuss same with
our staff.
FACILITY USE
Ilecanse MAXIMUS applies m interactive approach to Usa Pee Studies, we
would need the uu of an on3ite room, prefcmbly a wufcrence morn, where we
couid project our model and data collection cffotta in teal time.'Pypically, we
will set up in one room end different staff will. rotate into the room, as needod.
Given the concurrent development of models rxgaited in Chia study, MAXIMUS
would need at least two rooms to work oa the models.
': DATA REQUIREMENTS
In addition to the time and volume ittformalion, MAXIMUS wllects standard
information that tends to be readily availablq including the following:
^ Orgmiatioacharts
^ Position listingc {with salary htformation)
^ Detailed currertt budgets
^ End of year expenditure end revenue reports
^ Most recent Cost Allocation Plan and overhead schedules
^ A list of plmned, projected fixed asset acquisitions and capibd
improvements related to fee activity (along with their estimated costs).
- ^ Potentially, contract information mlated to professional service providers for
which fees ere collected.
: ^ Information on currently planned developments, outer growth plans, my
other information necessary to assist in forecasting work Toad requirements
over the neat[ four years
With these data olmtenta and the on-site information collected, MAXIMUS will
be able to populate the models in a timely meaner for the City.
Pane 30
PS1-971.doc Page 16
City of AspenlPitkin County
6. TIMELINES AND SCHEDULES FOR
PERFORMANCE OF EACH TASK AND PROPOSED
ACCEPTANCE CRITERIA FOR EACH TASK.
NA7dMUS etdves to complete ds projects on dtne and on budget To do so, both the
City and MAIBYUS need to adhere to the general sdledule for these proJecte.
SCNEDULING VARIABLES
ProJed schedule am notoriously hard to predict, l)it£erences in We availability
of data, staff, and coordination of meetings make precise scheduling very
difficult MAXIMUS takes an "onsite" approach ns much as possible to minimize
delays. For example, City atatfmust be available for the development oCtime
estimates. Time estimates are required to esmblish cost For larger fee schedules,
a.g., building Cees, there may be multiple meetings to establish time eathnates,
and in these cases, some iterative discussions might 6e conducted via telephone.
It is common for a user Pee Study to take approximately three to four months to
complete. The timeline below will serve to guide MAXIMUS and the City in
pmect planning, with the awolemted dme frame required for this project.
PeNOd Ending
May ;June July ~ August
2008 2008 2008 ! 2008
User Fee 9tudles ~
+
- ~
Teak I InlGSk tiro Pigact X I
Taak2 Forccaste X X ~
~
Task3 BwW dte OPttatwual Coumg Model X X
.
_
P n j
X
_
1
-
-
Task S
Rwlcw Dalaw MAXIMUS Database i ~X
^
.
_
T. .. ~ ~ .... % ~ .
Task6 neranvc Renews sad Quouty Assurance
_ _ _
~,...~~ ._
.
..__.__~ ~ _
_
.
.,._
~
7aak 7. Dabvery and PrPSmwia~ofFinel Report. __~
X
~
Cound1180CC Adopiim ofFea I ! ! X
Page 33
PSI-971.doc
Page 17
EXIIIBIT "B" to Professional Services Agreement
Rate Schedule
Ciry of AapeNPilkin Gounry
Planninu. 8ulldlna. and Health Fae
5. COST PROPOSAL
aAXatUB focuses on value to the cllteM. Our proposed prke reflaeb a eolW value
for the work we will perform, and our flexibAity eflowa our elisnte ro customize the
project to meet their needs and desired expenditures.
MAJOM[IS proposes to eoaduct Nis User Fce Smdy, as deWited in ibis proposal,
For a mt-tocxceed, fixul foe p»ce of S56,Ib0, inclusicre of expenses. Noce (bat
the fuJ(cost of tbir war feu study wilt be joldad back into the userfaes
themselves, to fire extent that the Ciry Coune(/ adopvfufl fce recovery ratesl7}se
pricing and compensation schedule aro ret]eaed in the table below, which
delineates pdcing by major task miles[one~
~.-F^
eM1i+ .,u .w r~..+;"`~`cgafisS, ,k"x. a- ab~s'
Coumnnlty Danbpwwt Fm
~
___
,}j~apli4~:?<"~..,.,.,
.
._
Tuk I _ .. $2,4W
Teak 2 56,180
Task 7 f2,400
'Ted4 512,000
Tasks (WUOnaI) ~~ 41,200
Task 6 E9,600
Tad i 54,400
_.
.
-
.
`"°'
Tool COSwmbx Feu ror Commonly Denbpmeat Fau _._.
.
.
.
576.400
2oHroneunlal Tlealth Fem
-
Tukl ~~^ SI,200
TaAC4 $2.Sfi0
7ult3v._~ _- EL28a
Ted9 __-._ 56000
Tak 5 -trot appllwble 0
Taskb 41,200
Task] $1,200
Total-Conwlmn5 Fen for Eneboammdl Nahb SI7,J60
Ciry Cooed) Prsaenfadaa
--~~-~~~~-~~~ 51,208
~-
BOCC Pnaemaaan
_ 57.200
__~~~---
TrevelJ ataA-2locat antlt ou4of-stab travN; 2tUPa
seem
^~~ $4,OW
TOTAL 358,180
Page ll
PS1-971.doc
Page 18
AspeNPitkin
STAFF HOURLY RATES
MAXIMUS Las incorporated the foltowiug hourly rates into its fined fee price:
Hourly Rate Table
Rata
Consultant Level (wrhaurl
Pee President ................................$250
Senior Manager ..............................$150
Economist ......................................_ SIbS
SeoinrS.:onanltant......._.._ ..............$ l li
~, Support Staff ................_.................$ 60
COST CONTROL
MAXIMUS always conducts i[s user fee studies under a "fixed fee" arrangemem.
ti this manner, our clients know the entire cost of the project prior to the
commencemrnt of the rngagrntrnt. Fenhcrmorc, this approacL tliwinatu the
perception ar poten8al perception that our determinatim of costs and fees was
influenced by possible increases Lo our own bottom litw (as could be the case of
a contingency fee basis). This approach enhmtcea the crcdibIlity of She study
', outcomes Lott imdnally and with the grneral public.
The MAXIMUS cost proposal assumes that we are able to employ our effective
'. standard approach [o these studies. The travel and work time could result in
excessive coats if the Ciry is unable to participate c@'ectively in ow trormal
Process. The proposed on-gite visits and our follow-up me[hodologies and
communication procedums should be sufficiont m collect the necessary dam and
- ~ facilitate affective City and MAXIMUS review of the resntm. Tf the City requires
excessive on•sita visits, due to City-caused delays, lack of participation in earlier
meetings, City staffing changes, manngemem actions, or other factors ram caused
by MAXIMUS, wa will identi{y sod communicate the pomntial cost of these
additional visits in advance to allow tLe City to make an informed decision
whetter to request wpplemcnmi visits.
During our on-site visits, we will conduct multiple individual meeGnga to work
- with City staff toward efficient completion of the studies. We wilt conduct the
remainder of our work via telephone, fax, email, and WebBx. Should the Cily
enact significant delays upon nny of the project tusks (greater Ilan one month,
cumulative), MAXU{US will quamify the actual additional cos[ (about and
', beyond the proposed project price) and discuss compensation with the City. Of
coupe, MAXIMUS will trot bold the City responsible for delays caused by
- MAXIMUS.
Pest 72
PS1-971.doc Page 19
..
Amendment to the Professional Services Agreement
The Professional Services Agreement shall be amended to include the following:
18. Limitation of Liability. In no event shall Maximus be liable for special, indirect,
incidental, economic, consequential or punitive damages, regardless of the legal theory under
which such damages are sought, and even if Maximus has been advised of the likelihood of such
damages. The City of Aspen agrees that Maximus total liability to the City or any third party for
any and all damages whatsoever arising out of or in way related to this Agreement from any
cause, including but not limited to contract liability or Maximus negligence, errors, omissions,
strict liability breach of contract or breach of warranty shall not, in the aggregate, exceed the fees
paid to Maximus hereunder.
PS1-971.doc
Page 20