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HomeMy WebLinkAboutresolution.council.079-01 RESOLUTION NO. 79 (Series of 2001) A RESOLUTION APPROViNG A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO AND LEHAM BUTTERWlCK AND CO. SETTiNG FORTH THE TERMS AND CONDITIONS REGARDiNG 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 Lehman Butterwick and Co., Certified Public Accountants and Consultants, a copy of said contract is annexed hereto and made a part thereof. WHEREAS, Lehman Butterwick and Co., Certified Public Accountants and Consultants, will provide professional accounting services for the Truscott Redevelopment Project. 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 herby approves that contract between he City of Aspen, Colorado, and Lehman Butterwick and Co., Certified Public Accountants and Consultants for professional accounting services for the Truscott Redevelopment Project, a copy of which is annexed hereto and incorporated herein, and does herby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. ED, APPROVED AND ADOPTED this //~ day of ,2001, by the City Council for the City of Xspen, Colorado. I, Kathryn S. Koch, duly appointed and acting City Clerk do certif~ that the foregoing is a true and acctucate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held August 13, 2001. Clerk ~ AGRV, F,M~NT FOR PROFF, SSTONIAT. ~q~I~VTCES This Agreement made and entered on the date hereinafter stated, between the CITY OF ASPEN, Colorado, ("City") and Lehman, Butterwick & Company, P.C., ("Professional"). For and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. ~ope 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 December 31, 2003. 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. P~yment, 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 "A" appended hereto. Except as otherwise mutually agreed m by the parties the payments made to Professional shall not initially exceed $19,500 for Phase [, $3,500 bi-monthly for [~hase II . 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-A~i~crnahillty 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, omissmns 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. Te~rmln~tlon The Professional or the City may terminate this Agreement, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, PS1-971.doc Page 1 specifying the effective date of the termination. No fees shall be earned after the effective date of the termination. Upon any termination, all finished or unfinished documents, data, studies, surveys, 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 time as the exact amount of damages due the City from the Professional may be determined. 6. Covenant A~oaln~t Contingent Fee~ 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 consideration contingent upon or resulting from the award or making of this contract. 7. '[nda.nandent Contractor gtat~m 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, diseasei 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 PS1-971.doc Page 2 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 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. Profa~ianal'~ Trim,ronco. (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 addition to any other insurance requirements maposed 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 m 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) Workmen's 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 Workmen' s 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 THREE MILLION DOLLARS ($3,000,000.00) 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 PS1-971.doc Page 3 DOLLARS ($1,000,000.00) each occurrence and TWO MILLION DOLLARS ($2,000,000.00) aggregate with respect to each Professional's owned, h/red 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 th/s contract. (iv) Professional Liability insurance with the minimum limits of TWO MILLION DOLLARS $2,000,000) each claim and TWO MILLION DOLLARS ($2,000,000) 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 insurance, and any insurance carried 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, condi- tions, 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-I0-101 et seq., PS1-971.doc Page 4 C.R.S., as from time to time amended, or otherwise available to City, its officers, or ks employees. 10. City'~ Tnmlranea 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. 11. Cnrnplmena~ of A~m'ee, menr. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject mauer 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: Professional: Steve Barwick, City Manager Dennis J. Schouten City of Aspen Lehman Butterwick & Company 130 Sout Galena Street 1099 Eighteenth Street, Ste 1650 Aspen, Colorado 81611 Denver, Colorado 80202-1916 13. N'an-F)i~ar~rnination. No discrimination because of race, color, creed, sex, marital stares, affecfional 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 consem of the City, and forbearance or indulgence by the City in any regard 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 forbearance or indulgence. 15. g, xeentlnn of A~m'eernant By CiW, This agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwith- PS1-971.doc Page 5 standing anything to the conucary contained herein, this agreemem 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) m execute the same. [ 6. Gener~l Term~ (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 lime 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] PS1-971.doc Page 6 ATTESTED BY: CITY OF ASPEN, COLORADO: Title: ~c~L Date: ~'["2~ t~r'~ WITNESSED BY: PROFESSIONAL: PS1-971.doc Page 7 EXI-HBIT "A" to Professional Services Agreement SCope of Work, Professional Fees See attached proposal. PS1-971. doc Page THE CITY OF ASP~ A.N~D ASPEN/PITKIN COUNTY HOUSING AUTHORaVTY PROPOSAL TO PERFORM ACCOUNTING AND CONSULTING SERVICES 2001 - 2003 Submitted by: Lehman, Butterwick & Company, P.C. 1099 F, ighteenth Street, Suite Denver, Colorado 80202 Telephone: (303] 298.8222 Contact: Dennis J. S~houten Lloyd F. Sweet, David C. Sansen Date: April 30, 2001 L~r of Sub~ssion ................................................................................... I I.Iismry of l:irm ......................................................................................... ~ l~irm Qualit]ca~iom and Bxperience., ............................................................... 4 A - Fee Ih: .opos~l and Timeline I~ - Profes~oml Rma'nes BKP. We have provided the enclosed information to familiarize you with the Firm's his~or,/and the s;op¢ of services that we offer. 'When you ¢on~ider the total capabilkies of our fro'n, combined with our sincere de.~ir~ to serve you, we hope you will choose ko work with Lehman, Bu::erwick and Company, We appreciate the opportunity and look forward t.o discussing our proposa~ fur, her. $ineerell,,, LEHMAN, BUTTERWICK AND COMPANY, P.C. Ce~fied Public Ac~oun~ente an~ Consultants Dennis $. Schouten, CPA HI~TORY Lehman, Butter',rick and Company was founded in March 1974 in the belief that there wu a need/'or a firm which would provide thc highest pos.~ible qualiv/of auditing, income tax, and management services to the business and financial communities, not-for-profit organizations, and local, s~ate, and federal government agencies, with special emphasis on close, personal, and prompt service. We have one office, which is located at 1099 Eighteenth Street, Denver, Colorado. Our firm is authorized to practice in Colorado under license number 6061 and meets the current independence sr~ldards as defined by the American Institute of Certified Public Accountanls, All key personn~_l a~si/r~i to this en/agement are also properly licensed as Certified Public Accoun~ao. is in Colorado. The firm baa/rown from a ~or~l of four I~eople in March 1974, to its currem ~ize of twerity, covahting of sixteen professional staff and imf support persom~el. It is imponsnt to yon that our sm'~is ~ralned in the auditing and r~ortinl/sm~lard~ r~tuired by th~ gov~-mu~ml mnides pmvidin/sonm of the funds for projects in wkich you may b=coma involved. We have ex, mire ~xperience in s~lyzir~ the ~conomics and s~ruc~uri~i th~ moat advantageous forma~ for ri~ devdopman~ and owrmship of affordable housing ~ or,lit projects. Experienc~l consideration can 1~ ~iven ~o maximizing the benefits to any one party that may be our client or in maximlzin/the loenefi~s and minimizirl§ th~. risks ~o ecc~table levels fur all of the panics ro a transaction. _S_cop_e of accotmtin~ and audiUne services offered Accounting and audkin~ constitute approximately 30~ of Lehn~n, Butterwick and Company's operations. Or= 25% of our practice is devoted to ~he real es~a~e and comUuc~ion indusu4es. As c~r~fiad public accountant% we are responsible for ~ objective examin~on of financial s~a~mcnu to dctern~ne compliance wi~h U.S. generally accepted accounting principles and/or speci~ i~usu7 or §overmnenml regulations. Our e~aminatio~ are conduc~ad in accordance wi~h generally accep~,d auditing ~,,~-a,~ds and resul~ in g~e expression of an opinion on die financial s~ar~mm~s. Our finn also off~s ,~ broad ran~ of associa~ad services to cliem, su~ as as~ ~ p~ bud~e~ ~ for~s~, ~ ~m~n ~v~es ~m pl~ p~o~e, ~o~m for co--five ~o~ ~ ~ed efflci~, ~e ~ ~ pl~, assis~e wi~ ponfoBo. We pmvi~ vi~ ~ ~ ~ie~ ~on ~r di~o~ ~ ~e pubic, p~pa~ ~i~on ~otia~o~, a~d ~dit ~u~ ~ s~Id~' ~s, ~ p~ip~e wi~ ~ ~y o~ci~ in ~u~ ~ prof~o~ At Lehnmn, Bu~erwick and Company, we are comm/ued ~o providing personal se~wice ~o our clie=s. Through our own mene~emen~ advisory personnel, we consult wi~h government a~cncios, private businesses, and not-for-profit organizations ~o solve a broad range ofmer~ end~ sysu.~m problems. Wherever possible, we use personnel already experienced with the clien~ ~o conduc~ non. andk services in order to take advanu~e of knowledge gained during ~he audit. Tax and comulflng services Lchnmn, Buuerwlck and Company h amon~ ~he few ~A We have world clos~y wi~ ColeCo Ho~ ~ ~ao~ts ~ Col~ado ~ m~o~ly ~ ~ ~.p~s cr~u. -4- FIRM QUALIFICATIONS AND EXPEP.~ENCE (CONTINUED) Affiliations We z.re a member ofd~e Western Association of Accounting Fin'ns (WAAF) and BK..R Inr. ernationsl (BKR). Throusll WAAF we have affiliated firms in I~ western cities and h'~rough BI, IR we have affilia~l fir'wa in 117 cities worldwide. These orl;anizatiens provide us wi~h a peer group, which offers ~cehnical assistance, training; quailvy control evaluation, and m~aningf~ ~hird-pany input, and serves ~ strangtheri our profe~sionaI practice d'lrough exposure to the o~her member firms. We are also a member of the Privam Companies Practice Scction (PCP$)' of the American Inslitu~e of Certified Public Accourl~.an~s. As such, we have undergone periodic "peer reviews" of our quality conu'ol sysrera and have r~celved unqualified repons wi~ respect to our quality con, roi system. ~, Butterwlck and Company participates in a number of associations and societies within the profession. These include the American Institute of Certified Public Accountants (AICPA), the Colorado Society of Certified Public Accountan~ (CSCPA), s,~4 numerous trade ~ civic Continuing orofesstonal education We bclleve ~ha£ professional development is a corlflvaing process in which all of our professional stsff must have ample 0pporlll~iOy tO refine and expand fl~elr sl~ills in order to maximiz~ our service to clienm. This oppommity is furnlshed throu~.h programs offered by the AICPA and file C$CPA, our membership i~ WAAF a~l BliP., in-house pro.ams, ~ self-development Partller~stlDervisot'v. ~nd ~ ff~sli~ca~.lol~ The continuing s~ff on r,12s engagc~a includes ~he following people: Dermis I. Schou~n Lloyd P, Swee~, Ir, David C'. Iansen Alldrew K. ~hahidt All of ~ individuals are merllbers of both die American [usl:itu~ of Certified Public Accoun~ulls and d~ Colorado Society of Cerffi~ed Public Accountants, Other professional slaff is assigned as necessary. Professional resumes are located at lL~bibit B. -5- QUALIFICATIONS AND I~MPERIENCE (COI~h-NUED) Similar erl~a~ements with other real es.t.~te entiiie~ Listed below are several real estate and consn'uction engagements recently performed by our firm: Peak Properti~ Development Corporation T. Amo~y Host, President (303) 44~-3020 Peak Properties arid Development Corporation is a Boulder developer specializin$ in multi-family affordable housing, To date, the Compar~ has developed ~ree tax credit projects in Boulder County and surrounding areas, We serve as the Independc-t Auditors fgr the Compeny's r, sx credit properties. Archdiocesan Housing Committee, Inc. Pauicia Eaus, CPA, Director of Finance (3O$) 8~0-021~ Archdiocesan Hctaing Commk~, IllC, i.~ a not-for-proth organization dedicated to providin$ affordable housi%~ within the Sta~ of Colorado. We curremly ~rve as the i~lependent mxllmrs for all of the organization's low-income housiu~ ~ax credit projects. In addilion, we prepare each project's annual tax returns, perform cost cenificatiom for projea~s developed, and consult with the orgallizalion. regerdh~ r~,a~ion and other compliance is.~ues, Fund America F, quities Corpora~on Bclward Oruben (Currmtly with Cambridge ConsuMng) (303) 694-6202 We provided ~ COmpany with hsx credit consulting, acquisition analysis, du~ diligence and aasislance with asset adminislration, project analysis, fumlcisl projections, and pacha~int a ~ax cradk projec~ portfolio flor sale, Hendrlcks Communities, LLC Marc Hendricks, P~sident (303) '~22-~088 MIT Properties is a developer of ux ~lit projects. We provided the Compeny with tax credit co~.sulfin~, operationsl audiri, cost certifications, and ~x returns, -6- FIRM QUALIFICATIONS AND EXPERIENCE (CONTINUED) Cheyenne Hotuing Authority Mike Staflfield (307) 637-8118 Through 2001, The Cheyenne Housing AuThority has developed Three low-income housing mx credit projects. We currenlly ser~e as the independent auditors for both projects, In addition to performing ~he annual audits, we provide the projects with ~ preparation and consult/ag services. Morey Mercanffie, .LI,C, Mercantile Housing, LLC and Mercanldle Commercial, LLP (Mercantile Group) Michael P. Cougflin, Member Morcy Mercantile, LLC c/o Couihlki & Company, Inc. The Mercantile Croup is en/aied in the rehabilitation and opcrar, ion of a commercial and reaidential doveiopn2ez~ in the historic lower downtown dtstrict of Dc~ver, Colorado. Thc deyelopmeat was financed in pan from the sale of low-income housin8 tax credim. We currei2t/y serve as the Group's independent audi~or~ and prepare f~eril and stale tax revams for all operatin8 en~iticsl NDC Corporate Equi~ Fund, LP Ann Vogt, Asset Manai~r (212) 682-1106 I/DC Corporate Equity Fund, LP ia a syndicator of tax credit projects tha~ is bas~ in New York, We arc eni~ed as the tndependeat auditors for its four tax credi~ funds and will perform a wide variety of tax and conmlti~ services for the funds and its local operati~ pannerships. Pueblo Housin8 Authority lhrbara Bernard, Director of Special Projects (719) $84-7636 The Pueblo Housin8 Autho~t~ has developed or is in The process of developin~ four hous~ projects That have utilized th~ low.income housin8 credit and/or ~I~ historic credit We ar~ ~ independent audicoz~ for The Housin~ AuThori~'s housin~ parmerships and provide them wi~h a wide ra~e of~u and comulti~ services. -7- HRlVl QtI,~,I,IYI¢,~TION~ ~ E~RI~N¢I~ (¢01VrlN~D) Rocky Mountain Mutual Hotmin~ Association, Inc. Bill Sullivan, President ($0:~) 863-8651 P, ocl~ Mountain Mutual Housir~ Association, Inc. is a non-profit developer and operates of affordable housin~ projects throulhout the Western United States. We are the Orianization's inctepcndent auditors ami provid~ them with a wide range of mx and consulting services. Other real estate tax credit projects and developers we currently serve or have served: Loveland Housing Autho~ Grand Imiction Housin~ Authority Colorado Coalition for ~ Homeless Colorado and Santa Ne land Company Colorado Rural Housini Development Corporation .qterlin~ I-Iousin~ Authority Legacy Parmers Tax credit lnv~ors we currently serve: linterpris~ Social Investment Corporation Key Bank Farmie Mae Wells l~arlo Edison Capital -8- _~Ym'alT A Fac P~oposal and T~neline ~uscott l~'oj ect~ l~'cpcse.d.. ~ [ (~a~ ~ t~h ~a~ 3~, 2~0~) Phase I ~1 bc eomple~d b~ ~une 1, Design spread shee~ for projec~ cos~ and b~ge~ a~lysls Design of cha~ of accounts for ~en~al ~e~ w[~ a co~B~en~ · ~velop~nr of co~m~ve cos~ ~loca~ p1~ for pre-devel~n~* ~ ~ deve~n~ corn eP~ara~ of mon~ly d~el~ ~e~ ~a~ ~1 projec~ ~ cash req~nt ~ ~pa~d ~ ~ all five p~ ~k i~not m exceed v~ r~, if le~ ~e b ~ ~ will bill P~e H ~e~ II ~ ~n ~ ~une 2001 ~ ~ ~ ~e c~lefion of com~cdon ~ ~es ~ ~w~g: (Appro~ly ~o ye~ pefi~) · ~nt ~s~ are ~rj~ ~ ~ app~ ~ov~ · Co~ ~l~ ~ ma~ ~ ec~ce wl~ ~ cost ~l~a~ plan · M~ings wi~ ~ D~el~ Tern ~ d~cuss ~eu ~ pomn~ ~is ~ ~ i8 ~ an 1~20 hours each ~o-~ Defl~ S2,~0 ~d ~ ~e ~e M~bed by ~e ~oi~ ~i-m~y) We ~ll~e ~t ~ ~st few ~ will z~ ~m ~ ~ ~ mo~z~ p~ wor~ A~fio~ s~c~ wUl ~ bUled ~ o~ s~d ~ly ~t~ ~t r~ge ~ $70 ~ d~nS on ~o ~ ~M~ to ~ engage. ~or ~ ~do~ ~ices w~ will ~1 erovide you wi~ ~ ~fi~te of ~ ~ ~s ~d ~ comDl~ ~e Fee Proposal end Timeline (Truseott Project) Additional services may include, but ere not limited to the following: · ConsuMng on technical rex ma~ters reletect to ~ credi~ pe~nership · Addkional analysis and projections d~at may be needed for tl~ sy~licadon of ~he ~ credit , partnership · Coning relet~ ~o other re~ est~e developments · Any related service requested by the City of Aspen end/or AspenfP~tkin County Houeing Au~mrivy ~.~mIT B I~OFE$~ONAL ~ DENNIS ~. SCHOUTEN, CPA DIRECTOR Director of Lehman. BUtTerwick & Company, P.C., a CPA and consulting firm employing 20 people. EDUCATION AND Mr. Schouten received his BBA degree in Accoua~n~ and Finance from the University of Iowa. He began his career wi~h a national CPA firm h 1979 and subsequently has held management positions as chief financial officer with two private companies includin~ a consuucdon and real as~a~ development company and was nunaging parmer of a Denver CPA and Consulfin~ Firm for eight years prior to becoming a director and shareholder ofLchnmn, Buusrwick & Company, P.C, in 1994, Since 1979 Mr. $chou~,n has provided management, ~ax plannin~ and conseliini services to individuals and closely held companies R.EALIL.~TA.TE, FINA~ ESTATE PLANNING Many of the clients thai Mr. Schou~en works with are business owners or hi~ net worth individuals. He emphasizes tax plannin~ for closely held businesses and estate, gift and wanlfll succession planning for business owners ~md other hdividuals. Much of this piannini involves business ~-?tien sm~ and pl~,mlnI involvin~ various types of sssels/ncludin~ real as~ate, Mr. Schouten has over ~wem;y years of experience regardin~ financial and mx analysh of real estate development projects. Mr. Schou~en also has many years of experience with real estate affordable housing projects and has besn worldr~ with real estate developmenz and consuucflen companies since 1979, TRADie AND PltOFE.~.~IONIL ,I.S$.O~IA?ION__S' Western Association of Accounting Firms, Chairman Tax Committee BElt International, Business Valuation Commiuee Insdmto of Business Appmlsers, Inc. American Institute of Certified Public ACCO~,ats Colorado Society of Cerdfled Public Accountants Charles L, Henderson, Chairmen - We lis Nario, Norfaern Colorado Market Ward TesvL Esq., Chmahan, Tanner, Downing, and F, nowlton'P,C. $ohn Vannl, President, Vaeni Incorporated Cyrus A. Heckstaf/m, President, Turnkey Development l~amem, LLC Barbara W, Baroca, lath'ed CPA LLOYD F. SWEET, JR, Calcified Public ,4ccountanr Mansgi/~g Dilecto/' Lehman, Butterwlok & Company, P.C, 1099 Eighteenth Street. Suite 1650 Florida State University Denver, Colorado 80202-1918 B.S,, 1972 (:~03) 298-8222 (303) 298-g408 - Fax E-mail: Ifsl~)lbcocpa,com Lloyd F. Sweet, Jr. received his B.8. degree in Accounting from Florida State University. He began precflce iff New York In 1 $72 and relocated to Colorado in 1978. Since 1978 Mr. Sweat has worked with individuals, and closely held and public corporations in the areas of tax and business planning. He has been involved in consulting involving the sale, acquisition and merger of businesses, as well es the 8~rusturtng of borrowing arrangements, the structuring of business entitles, and long-range business planning. He has also assisted in minimizing tax liabilities through planning involving multiple entities, Mr. Sweet has assisted clients I~ s number of industries including Construction, Real Estate. Manufacturing, Nut-for-Profit, Retail/Wholesale Rnanclel Services, and Professional Services. He hat lectures on a variety of tax and business I~lannlng sublet. Mr. Sweat Is a member of the Amerl¢sn Institute of CPA's and the Colorado and New York Soctety of CPA's. He la the Chairmin, Trustee and s member of the Executive Committee of the Western Association of Assounfing Firms, lsa member of the Advisory Board for Adam's Camp, and a member of the Board of Directors and Executive Commlt~ee of Developmental Pathways. Mr. Sweet la the Colorado rel}resentativa to BKR International and is alas e member of the Amerissn Society of Appraisers. Mr. Sweet obtained his CPA license In New York in 1979 and ia alas aertifled in Colorado, Wyoming end Michigan. DAVID C. JANSEN Codified Public Accountant Director Lehman, Butterwiok & Companyi P.C. 10go Eighteenth Street, Suite 1650 California State University Denver, Colorado 80202-1918 B,S., 1984 (303) 298-8222 (303) 298-8408 - Fax Golden Gate University E-mail: dcj@lbcoopa.com M.B.A., 1 gg4 David Jansen received hls B.$. degree In Accounting from California State University, Sacramento In 1984. He began hie I=rofeaaional career with a local'Sacramento aoceunttng firm in November of 1984. In 1987, Mr. Jansen joined another local firm and was named director in 1992, In 1994, ha reoeived his M.B,A. degree from Golden Gate Unlveraity. Mr. Jansen joined Lehman, Butterwick & Company, P.C. in January of 1995 ae Audit Manager and wes promoted to director in 1 ggs. Since 1984, Mr. Jansen has provided service to clients in various industries including construction, real e~tate development, retell, govemmentel, trade associations, not-for-profit, and manufac~urlng. Mr. Jansen is responsible for managing professional staff and performing technical reviews on audit, review, and compilation engagements. Mr. Jansen has been extensively Involved with developing end managing the expertise required in the tax credit area. Experience in this area has been attained through his direct involvement with all aspects of dozens of projects from initial development ~ ongoing audit. tax, and compliance engagements, Mr. Jansen has Closely worked'with developers, investors, and other professional consultants in order to maximize available tax credits for !ow income and historical projects. Along with this extensive involvement, Mr. Jansen has attended several national conferences In thi~ area to further his pursuit of providing the moat beneficial services for the orients he serves. Mr. Jansen ia a memocr of the American Instlt~te of Certified Public Accountants and the Colorado Society of Certified Public ACcountants. KEVIN E. PELECH Staff AccounMn~ Lehman, Butterwlck & Company, P.C. 1099 Eighteenth Street, Suite 1650 University of Colorado, Boulder Denver, Colorado 80202.1918 B.a., 1998 (303J 2S8-8222 (303) 298-84.08 - Fax G-mail: kep~)lboocpa,com Kevin E. Peleeh received hie B,$, in accounting and fin~noe from ~he University of Colorado at Boulder in 1996. Prior to joining Lehman, Butterwick and Company, Mr. Pelech wac s staff accountant for a large Iooal hamebuilder. Mast recently, Mr. Pelaoh was a sales and use tax auditor with the City and County of Denver. In this position, Mr, Pelech wee responsible for supervising staff on audit engagements aa well ss conduction s~aff training sessions. At Lehman, Butterwick and Company Mr. Peleoh provides audit, accounting and consulting aervloes to a wide range of indu~rles including real estate, construction, manufacturing and not-for-profit, In addition, Mr. Pelech has become involved with complex modeling techniques designed to assist real estate developers in assessing the economic feasibility of proposed developments. ANDREW K. SHAHIDI $~aff Accountant Lehman, Butterwlck & Company, P.C, 1099 Eighteenth Street, Suite 1850 University of Denver Denver, Colorado 80202-1918 S.S., 1988 (303] 298-8222 University of West Virginia (303) 298-9408 - Fax M,A., 1992 E-mail: aksi~)lbeoopa.¢orn University of Denver M.9., 2001 Andrew K. Shahidi received his S.S. in Rnanoe from the Unlversity of Dan~sr in 1688. He moved to California and worked in the manufacturing industry In tho areas of budgeting and cost control. Mr. Shahidl moved to West Virginia and obtained a Master's of Science i, Accounting. He returned to Colorado in 1Sg2 and was the financial officer and co-founder of a high-tach company that ha successfully took public and consequently sold in 1996. Subsequently Mr, Shahldl headed up e new division of a multi-state contract manufacturing company. Mr. Shshidi enrolled in the Master's of Taxation program st the University of Denver in 2000, shortly before joining Lehman, Butterwlck & Company, P.C. Mr. Shahidl provides tax services to a wide range of industries Including real estate, ~nstructlon, manufacturing, end health care. Mr. Shahidl has also perforated substantial tax research on federal and state Investment tax credits and ia involved with the financial planning and budgeting process of manufacturing and esrvloe =llents.