HomeMy WebLinkAboutresolution.council.066A-12 RESOLUTION #
(Series of 2012)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT FOR PROFESSIONAL SERVICES
FOR EMPLOYEE GENERATION STUDY BETWEEN THE CITY OF ASPEN
AND ECONOMIC AND PLANNING SYSTEMS INC AUTHORIZING THE
CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE
CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a contract for
professional services for an employee generation study, between the City of Aspen
and Economic and Planning Systems Inc., a true and accurate copy of which is
attached hereto as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract
for professional services for an employee generation study, between the City of
Aspen and Economic and Planning Systems Inc., a copy of which is annexed
hereto and incorporated herein, and does hereby authorize the City Manager to
execute said agreement on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 23rd day of July 2012.
of
Michael C. I eland, 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, July 23, 2012.
Ka fryn S. Koch, City Clerk
The City of Owen
CITY OF ASPEN STANDARD FORM OF AGREEMENT - 2009
PROFESSIONAL SERVICES
City of Aspen Project No.: 2012-075.
AGREEMENT made as of 23rd day of July,in the year 20 12.
BETWEEN the City:
Contract Amount:
The City of Aspen
c/o Community Development
130 South Galena Street Total: $25,080.00
Aspen,Colorado 81611
Phone: (970)920-5055
If this Agreement requires the City to pay
And the Professional: an amount of money in excess of
$25,000.00 it shall not be deemed valid
Economic and Planning Systems Inc. until it has been approved by the City
Council of the City of Aspen.
c/o David Schwartz
730 17th Street City Council Approval:
Suite 630
Phone: 303-623-3557 Date: July 23, 2012
Resolution No.:
For the Following Project:
Employee Generation Study
Exhibits appended and made a part of this Agreement:
Exhibit A: Scope of Work.
Exhibit B: Hourly Fee Schedule.
Economic & Planning Systems, Inc. 1 Section 4 — Timeline
The City and Professional agree as set forth below.
1. Scope 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 1, 2012. 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 the amount set
forth above. 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 Agreement 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 of Procurement. The sale contemplated by this Agreement may be
canceled by the City prior to acceptance by the City whenever for any reason and in its sole
discretion the City shall determine that such cancellation is in its best interests and convenience.
6. Termination of Professional Services. The Professional or the City may terminate the
Professional Services component of 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
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.
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
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 addition
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
MILLION 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
($1,000,000.00) 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.
(iv) Professional Liability insurance with the minimum limits of ONE MILLION
DOLLARS ($1,000,000) 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
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 to 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. City'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 Proper-
ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk
Management 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. 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 or mailed by
certified mail return receipt requested to the respective persons and/or addresses listed above.
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 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. 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) Purpose. During the 2006 Colorado legislative session, the Legislature passed
House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added
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
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
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.
16. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest.
(a) Professional warrants that no person or selling agency has been employed or
retained to solicit or secure this Contract upon an agreement or understanding for a
commission, percentage, brokerage, or contingent fee, excepting bona fide employees or
bona fide established commercial or selling agencies maintained by the Professional for
the purpose of securing business.
(b) Professional agrees not to give any employee of the City a gratuity or any offer of
employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard, rendering advice, investigation,
auditing, or in any other advisory capacity in any proceeding or application, request for
ruling, determination, claim or controversy, or other particular matter, pertaining to this
Agreement, or to any solicitation or proposal therefore.
(c) Professional represents that no official, officer, employee or representative of the
City during the term of this Agreement has or one (1) year thereafter shall have any
interest, direct or indirect, in this Agreement or the proceeds thereof, except those that
may have been disclosed at the time City Council approved the execution of this
Agreement.
(d) In addition to other remedies it may have for breach of the prohibitions against
contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right
to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Professional, contractor or
subcontractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the value of
anything transferred or received by the Professional; and
4. Recover such value from the offending parties.
17. Fund Availability. Financial obligations of the City payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. If this Agreement contemplates the City utilizing state or federal funds to meet its
obligations herein, this Agreement shall be contingent upon the availability of those funds for
payment pursuant to the terms of this Agreement.
18. 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 first written above.
CITY : .1• SP N, COLORADO: PROFESS ONAL:
�j / /I/4„..“....„, , ,
;,�
f
�r ,�f �
[Signature] �` 11.[ i!r! w' .
By: -k Xc e..2 i Ci,- BY: „..-4,.-4,.- (��H/¢Jr.,,
[Name] [Name]
Title: -1-Tie Title: , , , r„ • _ ,—
Date: 7'y'y'"(j" Date: 7 l"a 7 3_
Approved as to form:
— :—�°-=
ity Attorney's Office
EXHIBIT A PROFESSIONAL SERVICES AGREEMENT
Scope of Work
Task 1: Project Initiation
EPS staff will be available for either an in-person meeting or conference call in advance of the
project initiation. This will allow us to review and refine the scope to meet the needs and the
City's priorities. We will also identify when the survey can be conducted, coordinating both
EPS and Aspen staff schedules. In anticipation of the following tasks, we will collect and review
business license records and match them against the 2002 previous effort to ensure consistency
and increase the likelihood of a more robust study and enable comparisons by type and use.
Task 2: Business Survey Design and Methodology
Following the initial meeting and before collecting the business surveys, EPS will work with
City staff to reevaluate the business type categories and zone district from the 2002 study. This
will benefit the effort to ensure that the response data sample is sufficient statistically to
determine new employment generation rates.
As such, the major component of this task is to schedule a full-day trip to conduct the business
survey. Similar to the earlier collection methodology, EPS and/or Aspen staff will walk from
business to business over the course of the day collecting information, such as:
• Type of business;
• Floor level;
• Location within Aspen;
• Zone District;
• Length of operation (longevity in Aspen);
• Size of space;
• Staffing by season, hours per week, and FT vs. PT;
• Effects of housing availability on employment;
• Staffing demand volatility (i.e. needs under varying market conditions); and
• Future staffing plans.
This core of questions will allow us to replicate the data collected in the previous study. The
analysis efforts in the following task, however, will facilitate a more robust and refined
understanding of the employment generation rates by zone by business type.
EPS and RRC will ensure, working with staff to identify targeted areas and business types, that
the number of survey responses collected will also result in a sample size evenly distributed
among business categories and zone districts. To achieve budget and timing efficiencies, we
intend to utilize City staff in the collection of responses for the business survey.
Task 3: Analysis and Geocoding
The primary effort of this task is to analyze the response data collected through the business
survey. For comparison purposes, EPS will incorporate the data collected in the 2002 study into
a larger dataset for analysis.
The secondary effort of the analysis will be to assess the trending of these employment levels
using the Department of Labor's Quarterly Census of Employment and Wages (QCEW) micro
data. EPS will to geocode these data, which we already have through the second quarter of 2011
from a recent project with the City of Aspen. While the QCEW data are a secondary and
independent source, they contain attributes such as business/establishment name, address, and
quarterly employment counts, which can be used to cross-reference the collected survey data.
EPS will combine both primary (business survey) and secondary(QCEW) data sets into GIS by
business type and by zone districts.
The result of this effort will be an examination of employment generation rates from 2002 to
2012, and an illustration of how those rates have fluctuated over time. One of the objectives is to
provide both a graphic and tabular representation of this work for use in the GMQS. Another
objective is to facilitate the larger planning and policy-level dialogue about whether these current
conditions represent a departure from historic norms, helping to define a"new normal".
Task 4: Comparable Community Practices
Also to facilitate the larger discussion among planners, other City and elected officials, a general
overview of other communities' employee generation rates and mitigation levels may be
valuable. Using RRC's bank of business survey response data from comparable resort
communities in Colorado, we will provide Aspen with a summary of rates from other resorts, as
well as provide addition information on each of these areas' implementation levels.
Task 5: Report and Presentations
The final deliverable will be a report summarizing the methodology and approach to implementing
the survey, to ensure the consistency of future surveying efforts, the analysis of survey data,
maps and tables illustrating the trends in employment generation rates by business category and
zone district, as well as a summary of rates and mitigation levels in other resort communities.
As included in the previous study, EPS will provide a recap and reexamination of the
administrative aspects of the program in the interest of ensuring the discussion considers the
multiple options that exist in designing a successful mitigation program. The report will
summarize the salient points of each section into several discussions.
Also as indicated in the RFP, the deliverables will be in the software formats identified (i.e. MS
Word, Adobe Acrobat, Excel, etc.). EPS will also provide ArcGIS shapefiles generated from
this effort.
•
Schedule
EPS will complete the scope of work above in approximately five months. As indicated in the
RFP, the City anticipates this project being completed within 2012. As such, this is a draft
schedule, and if necessary to accommodate the City, we can move forward various elements of
the project to achieve a quicker project completion.
Figure 1
Project Schedule
Aspen Employee Generation Study
July August September October November
Project Initiation Business Survey Comparable Presentation Final Report
*Review scope, (Cont'd) Community •Meeting with staff and (Cont'd)
methodology,timing, •Prxess continues Research possibre presentation ,Revision feedbacv
and prioriries •Follow-u f',Kena torte officials aMJor
Pi rY •Select on oiother elected officials •Finalo.ation otter.
common tles •Submittal
f
f
Analysis&
Geocoding Draft Report 1
Business Survey •Aralysls of survey data •Atslmitationof I mai Report I,
•E➢S trip td Aspen *Analysis and synthesis findings orporation of
of MEW data .Consideration of
*Compilation of data nments for revision
*Analysis In GS mitigation levels and
nctf-a:lrn I;
*Development of implemention op
Employment
Genaratton Rates
•Possible meeting with ,t 0
city staff -
EXHIBIT B PROFESSIONAL SERVICES AGREEMENT
EPS will to complete the project within the timeframe identified above and for a budget not to
exceed $25,080. If the City decides to purchase updated QCEW data, it would represent an
additional cost to the City. EPS currently has data through 2nd quarter 2011, and data is available
through the 4th quarter 2011.
Table 1
Project Budget
Aspen Employee Generation Study
EPS Staff RRC Staff
Principal Senior Production/ Principal Primary
in Charge Associate Research in Charge Analyst EPS RRC Total
Knudtsen Schwartz McDaniel Cares Morzel
Billing Rate $210 $140 $80 $210 $65
Labor Costs
Task 1:Project Initiation 2 16 0 0 0 $2,660 $0 $2,660
Task 2:Business Suney 4 24 0 4 10 $4,200 $1,490 $5,690
Task 3:Analysis and Geocoding 0 12 16 0 16 $2,960 $1,040 $4,000
Task 4:Comparable Communities 2 4 0 8 10 $980 $2,330 $3,310
Task 5:Report and Presentation 8 30 6 6 0 $6,360 $1,260 $7,620
Subtotal 16 86 22 18 36 $17,160 $6,120 $23,280
as%of Total Staff Hours 9% 48% 12% 10% 20%
Total Staff Hours 124 54 178
Direct Costs
Trawl $1,200 $600 $1,800
Subtotal $1,200 $600 $1,800
Total Project Cost $18,360 $6,720 $25,080
Agreement Professional Services Page 0
/it b
June 22, 2012
Rebecca Hodgson �/r rf
Purchasing
City of Aspen
130 S. Galena Street
Aspen, CO 81611
Subject: Employee Generation Study; EPS #123053
Dear Ms. Hodgson:
EPS is pleased to submit this proposal to provide professional services
for an Employee Generation Study for the City of Aspen. EPS has
extensive experience working for the City of Aspen, Pitkin County, and
I"hc h`<nnvnricN «J I uul I'.'e
other surrounding Roaring Fork Valley municipalities and counties. We
are very interested in working with Community Development Department
to assist in the update of the City's housing mitigation program.
(e EPS is a full-service economic consulting firm with 40 professional staff
and offices in Denver, Colorado; Berkeley, Los Angeles, and Sacramento,
California. Founded in 1983, EPS has a broad-based practice in market
analysis, real estate and land use economics, and land use policy. The
firm has worked with a wide range of public and private clients throughout
the nation and has established a reputation for both rigor and creativity.
The EPS team includes RRC Associates. EPS and RRC have worked
together for more than 20 years on many projects that integrate survey
results and market analysis. Two of the major strengths of the EPS
Team include:
Depth of Technical Experience - EPS has completed numerous city,
county, and regional housing demand studies, addressing market and
affordability issues, perception issues, revitalization, redevelopment, and
community development needs. With a broad-based practice in
comprehensive planning, housing market studies to balance public and
private forces, as well as the development of sustainability planning and
analysis tools, EPS brings the experience to translate data and analysis
into actionable strategy and policy for long term community planning
initiatives.
Economic&Planning Systems,Inc.
730 17th Street, Suite 630
Denver, CO 80202-3511 Survey Expertise - RRC Associates, a member of the STR family of
3036233557tei companies, has a depth of survey experience that is unsurpassed. RRC
303 623 9049 fax has completed hundreds of surveys quantifying housing and market
issues. With its broad practice of assessing communities' needs,
Berkeley
Denver particularly in resort communities in Colorado, RRC brings innovative
Los Angeles ideas and effective tools for addressing the City's needs.
Sacramento
www.epsys.com
Ms. Rebecca Hodgson
June 21, 2012
Page 2
The EPS Team will include Andy Knudtsen, David Schwartz, and Annalisa McDaniel of EPS; and
Chris Cares and Tim Morzel of RRC. We are committed to completing the scope of work included
in the proposal and have the requisite skills necessary to address all the issues identified in the
RFP. We look forward to this opportunity to work with the City of Aspen on this important project.
Per the City's request, our proposal is printed on 30% recycled and FSC-certified paper and
submitted in a folder that contains 50% recycled content, 30% post-consumer material.
Sincerely,
ECONOMIC&PLANNING SYSTEMS, INC.
nor.,e
Andrew M. Knudtsen
Principal
123053_plet.doc
SECTION 1 — INTRODUCTION
Economic & Planning Systems, Inc. (EPS) is a land economics consulting firm
0 9 experienced in the full spectrum of services related to real estate development,
the financing of public infrastructure and government services, land use and
conservation planning, and government organization.
EPS was founded on the principle that real estate development and land use-
related public policy should be built on realistic assessment of market forces and economic
trends, feasible implementation measures, and recognition of public policy objectives, including
provisions for required public facilities and services. The firms' areas of expertise are as follows:
• Real Estate Market and Feasibility Analysis • Land Use Planning and Growth
• Public Finance Management
• Fiscal and Economic Impact Analysis • Open Space and Resource Conservation
• Reuse, Revitalization, and Redevelopment • Government Organization
• Housing Development Feasibility and Policy • Transportation Planning and Analysis
• Regional Economics and Industry Analysis • Asset Valuation and Repositioning
Since 1983 EPS has provided consulting services to hundreds of public- and private-sector clients
in Colorado and throughout the United States. EPS is located in Denver, Colorado, and Berkeley,
Los Angeles, and Sacramento, California. EPS clients include cities, counties, special districts,
education and other non-profit institutions, multi-jurisdictional authorities, property owners,
developers, financial institutions, and land use attorneys.
The professional staff of 40 includes specialists in public finance, real estate development, land
use and transportation planning, government organization, and computer applications. The firm
excels in preparing concise analyses that disclose risks and impacts, support decision making,
and provide solutions to real estate development and land use-related problems.
EPS Project Awards
American Society of Landscape Architects, "Honor Award" 2008, Fiscal and Economic Analysis for
Cattle Creek Crossing, Lower Roaring Fork Valley (Garfield County), Colorado
American Institute of Architects "Excellence in Design" 1998, Stapleton Development Plan,
Denver, Colorado
APA Sacramento Valley Section of the California Chapter "Certificate of Merit for Comprehensive
Planning" 1990, Southern Pacific Railyards Specific Plan, Sacramento, California
APA California Chapter"Award of Merit for Planning Implementation" - Sonoma County 2007-
2014 Housing Element, Sonoma County, California
APA California Chapter "Comprehensive Planning Award Large Jurisdiction" 2009, City of
Sacramento General Plan Update 2030, Sacramento, California
Economic&Planning Systems, Inc. 3 Section 1 -Introduction
Aspen Employee Generation Study
June 21, 2012
APA National Planning Awards, "Outstanding Planning Award Special Citation for Comprehensive
Planning in a Large Jurisdiction" 1996, Stapleton Redevelopment Plan, Denver, Colorado
Congress for the New Urbanism "Award of Excellence" 2001, Robert Mueller Municipal Airport
Reuse Plan, Austin Texas
FTA/FHWA/APA "Transportation Planning Excellence Award" 2004, Valley Metro Rail Station
Development Opportunities and Strategies, Phoenix, Arizona
Local Government Commission, American Institute of Architects, California Chapter of APA, and
Bank of America, "Awahnee Award of Honor" 2002, Hayward Cannery Area Design Plan,
Hayward, California
Local Government Commission of California, "Certificate of Recognition" 2008 to James Musbach,
Coyote Valley Specific Plan, San Jose,California
Southern California Association of Governments' "Visionary Planning for Mobility Award" 2008,
Rialto Downtown Vision and Strategic Plan: Market and Financial Analysis for Downtown
Revitalization, Rialto, California
Economic& Planning Systems, Inc. 4 Section 1 -Introduction
SECTION 2 - QUALIFICATIONS
Consulting Team
Economic & Planning Systems (EPS) and RRC Associates, an STR Company, are pleased to team
together for this project with the City of Aspen. We have collaborated on numerous projects in
the last 10 years to successfully provide communities in the state of Colorado and outside with
actionable housing-related studies, survey efforts, and policy tools.
• Economic & Planning Systems, Inc. (EPS): As the project team lead, provides a broad
range of services related to housing studies, in addition to our extensive experience in
market analysis, land use planning, and public finance. These complementary areas of
practice inform our approach and understanding of affordable housing needs beyond the
basic issues. As shown in the team diagram, Figure 1, the staffing from EPS for this project
will be Andrew Knudtsen, Principal; David Schwartz, Senior Associate; and Annalisa
McDaniel, Research Analyst.
• RRC Associates, an STR Company (RRC): RRC brings extensive experience in the use of
housing-oriented surveys and in the use of proper sampling techniques to ensure the most
robust response, including those with substantial student populations. RRC understands the
range of economic and demographic issues pertaining to housing and brings experience
surveying businesses using a variety of techniques. Staffing from RRC will be Chris Cares,
Managing Principal; and Tim Morzel, Research Analyst.
Economic&Planning Systems, Inc. 5 Section 2 - Qualifications
Aspen Employee Generation Study
June 21, 2012
Figure 1
II Organization Chart
Aspen Employee Generation Study
City of Aspen
I __ =
I Primary Contact/Project Manager I
I I
I David Schwartz I
I Senior Associate �
I Economic&Planning Systems I
I I
I I
I I
I I
I
I I
I I
I I
I I
I I
I I
I I
I I...... ...,
(0, RRC
I ASSOCIATES
�
Lead Consultant:
I
0
I
Methodology,
I A
Data Analysis, Subcontractor:
I
I Policy, Implementation Levels, Survey Design,Tabulation,and I
I Comparable Community Stats I
and Mitigation Rates I
I I I
I I I 1 1
I 1
I Andrew Knudtsen David Schwartz Annalisa McDaniel Chris Cares Tim Morzel I
I
I
1 Principal Senior Associate Research Assistant Managing Director Research Analyst I
1
I I
1\ /I
The (6 Team
0
Economic& Planning Systems, Inc. 6 Section 2 - Qualifications
Aspen Employee Generation Study
June 21, 2012
Project Roles
Each EPS Team member brings a depth of experience assessing housing-related issues for public
sector clients in a variety of geographies, and particularly in mountain resort economies. The
City of Aspen will benefit from the historical perspective that each team member brings to this
Employee Generation Study, as well as the perspective of having collaborating previously on not
only the 2002 study, but many other survey-based studies and policy planning documents.
The general roles and responsibilities of each EPS Team member are described below:
• Andrew Knudtsen, Principal (EPS): Having worked on the 2002 study, Andy will provide
oversight for this project to ensure it maintains consistency with the methodology of the
previous work.
• David Schwartz, Senior Associate (EPS): David will serve as the primary contact for the
project, coordinating the efforts of the team, project pacing, schedule, billing, and generally
ensuring that the work completed maintains the rigor of the previous study and is enhanced
for the most robust effort possible.
• Annalisa McDaniel, Research Analyst (EPS): Annalisa will perform many of the data
analysis functions and geo-coding needs of the project.
• Chris Cares, Managing Principal (RRC): Also having worked on the 2002 study, Chris will
provide additional oversight for this project to ensure that the data collected maintains the
statistical integrity of data collected previously. Chris will also ensure that the analysis of
comparable resort community mitigation practices is relevant.
• Tim Morzel, Research Analyst (RRC): Tim will complete the analytical tasks associated
with providing comparable community statistics, contributing to the distribution and
tabulation of the survey.
Resumes
The following pages consist of résumés for each of the staff contributing to this project. Their
individual qualifications, education, and brief descriptions of similar experience are included.
Economic&Planning Systems, Inc. 7 Section 2 - Qualifications