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HomeMy WebLinkAboutresolution.council.015-14 RESOLUTION # 15 (Series of 2014) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND RRC ASSOCIATES, LLC 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 Employee Generation Study, between the City of Aspen and RRC Associates, LLC, 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 Employee Generation Study, between the City of Aspen and RRC Associates, LLC, 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 24' day of February 2014. Steven Skadron, 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, February 24, 2014. Kat n S. Koch, City Clerk W - ofpspep CITY OF ASPEN STANDARD FORM OF AGREEMENT v 2009 The Cin� PROFESSIONAL SERVICES City of Aspen Project No.: 2014-006. AGREEMENT made as of 241h day of February,in the year 2014. BETWEEN the City: The City of Aspen Contract Amount: cJo Chris Bendon 130 South Galena Street Total: $28,500.00 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 RRC Associates,LLC until it has been approved by the City cio Chris Cares Council of the City of Aspen. 4940 Pearl East Circle,Ste 103 City Council Approval: Boulder, CO 80301 Phone: 303449-6558 x2115 Date: February 24, 2014 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: Fee Schedule. Agreement Professional Services Page 0 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 August 1. 2014. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the perfonnance 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.Ument. 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 Agreement Professional Services Page 1 i 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 Agreement Professional Services Page 2 Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failu e 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 Agreement Professional Services Page 3 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(30Ydays 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. 0 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. COmbleteness 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. Agreement Professional Services Page 4 k d Iz 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) EMos e. 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. Agreement Professional Services Page 5 "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: Agreement Professional Services Page 6 (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 Agreement Professional Services Page 7 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 tern 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 fiends 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. Agreement Professional Services Page 8 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)OF ASPEN, COLORADO: PROFESSIONAL: [Signature] [Signature] — V By: jle"-e By:_ C l n r'` s [Flame] [Name] Title: (-;-)7' 0`1�.� Title: ILA o-A ..�, Q Date: 7 Date: 2 `1 " O C Approved as to form: /City Attorney's Office Agreement Professional Services Page 9 EXHIBIT A PROFESSIONAL SERVICES AGREEMENT The Aspen Land Use Code requires the provision of affordable housing for the development of free-market single family and duplex units (26.470.060). One of the options for fulfilling the affordable housing requirement is paying an affordable housing impact fee pursuant to the APCHA Housing Guidelines (Guidelines Part VII, Section 12, 3 —Payment in Lieu Fee). Per the Guidelines, the payment in lieu formula "...assumes that for every 3,000 square feet of new single-family or duplex floor area,the public will be required to provide housing for one moderate income employee...". This requirement(of one employee per 3,000 square feet of floor area),which we understand was established per City of Aspen Ordinance 1 (Series of 1990),does not have an empirical foundation which can be readily identified. Thus, we understand that the purpose of this study is to update this aspect of the payment- in-lieu formula based on a sound empirical analysis. As outlined in the RFP,we propose to evaluate three types of residential employment impacts: 1) Employment impacts associated with initial construction; 2) Employment impacts associated with the ongoing operation and maintenance of the home (and particularly services delivered to/provided at the home); and 3) Employment impacts associated with public safety services delivered at residences (i.e. police and fire). Note that other types of employment impacts associated with residential development,such as employment stemming from home occupant purchases of retail goods and services at commercial establishments,are excluded from the residential employment calculation, since those employment impacts(and associated housing mitigation requirements)are assigned to the development of commercial floor area in Aspen. Each of the three categories of residential employment outlined above would be evaluated through its own methodology and data sources,as described below. The three categories are then summed to derive total residential employment generation. 1. Calculation of employment impacts associated with initial construction The calculation of employment impacts associated with initial construction would involve the use of secondary data on construction volumes(e.g.square footage and/or value) and construction employment,and result in the derivation of employees(or employee-years)per square foot constructed. In a market such as Aspen's, where many construction firms are located downvalley, additional extrapolation techniques(or even the use of primary survey research of construction firms or construction workers) may be warranted to accurately assign construction employment to Aspen, insofar as governmental employment data don't capture distinctions between establishment location vs. worksite location for construction firms. Agreement Professional Services Page 10 RRC would likely recommend first using of existing secondary data to estimate construction employment impacts, including the use of a variety of extrapolation techniques as needed and appropriate. RRC would also be prepared to implement primary research approaches if deemed necessary. 2. Calculation of the employment impacts associated with the operation and maintenance of homes Operations and maintenance impacts are typically evaluated through surveys of homeowners.Through the collection of a variety of datapoints on each home, it becomes possible to explore how employment generation varies by unit square footage and/or other physical or occupancy characteristics. In mountain resort communities, RRC has found that employment generation typically has an exponential relationship with unit size. Of note, RRC has conducted two residential employment generation surveys of homeowners in Aspen/Pitkin County area in the past decade. These include: 1. A Pitkin County residential employment generation study,conducted in conjunction with Clarion Associates,finalized in November 2004. That study became the basis for employment generation rates and affordable housing mitigation requirements incorporated into the Pitkin County Land Use Code. 2. An Aspen residential employment generation study, conducted in conjunction with Rees Consulting for the City of Aspen and APCHA, in 2008. In addition, RRC has conducted similar residential employment generation studies in a variety of other mountain resort communities, most recently in Teton County,WY in 2012/13 (in conjunction with Clarion Associates), and as more fully inventoried previously. RRC has found broad similarities in employment generation patterns across mountain resorts,and has created a merged survey database across these communities, which is helpful for purposes of maximizing the available sample size (particularly for very large homes). Some communities have chosen to base their employment generation factors on this multi-community dataset. We note that the RFP expresses a desire for residential employee generation data for comparable resort communities, and we would provide such data via our multi-community dataset. For purposes of estimating operations and maintenance employment in Aspen,we would conduct an Aspen homeowner employment generation survey. The survey would focus on owners of free-market single family and duplex units. The survey would document utilization and cost of services delivered to the home (e.g.via homeowners associations, property managers, hired service providers,etc.), and convert said expenditures into employment equivalents. The relationship between employment and square footage would be analyzed, potentially in combination with other factors such as local resident vs. absentee owner occupancy. The overall approach would be similar to that utilized in the 2004 and 2008 Aspen residential employment generation surveys. We would anticipate a mail-out sample of Agreement Professional Services Page 11 up to 2000 surveys (subject to further research on the number and characteristics of free- market single-family and duplex homes in Aspen). I Calculation of the employment impacts associated with critical public safety services This analysis would likely involve the following steps: 1) Determine the number of paid public safety employees(police, fire, others as may be identified)serving Aspen. 2) Determine the proportion of public safety staff time which is allocated to serving residential uses (as distinct from commercial, highway, and/or other uses). We would anticipate that public safety staff would have or be able to calculate these factors(or provide data to do so), and we assume that Community Development staff could assist in putting us in touch with the appropriate public safety staff. We further assume that all needed communications could occur via phone or email (trip to Aspen not required). 3) Derive per-unit employment factors, based on the number of homes and pro-rata share of employment associated with serving homes. 4. Add component employment impacts and summarize results in a written report This final step would pull together the results from steps 1—3 to calculate aggregate employment impacts. The written report would also summarize the findings and methodology for all parts of the analysis. We understand that the City would take responsibility for incorporating the results into updates of the Land Use Code and/or APCHA Guidelines. S. Optional site visits (for presentation to City Council and/or meetings with local development community representatives) Subject to further conversations with you,we would be open to on-site meetings with representatives of the local development community and/or presenting the results at a City Council meeting. The costs for each have been itemized separately in our budget estimates to follow. Proposed timeline Table 2 below illustrates the proposed timeline for the project. We assume that the project would begin in February immediately after award, and we would be able to begin in February. (However,the proposed timeline uses a generic month code should the project commence later than February.) We anticipate that the various project tasks would proceed concurrently. Agreement Professional Services Page 12 We should note that we are flexible as to schedule and can make adjustments as appropriate to best meet the needs and requirements of the City. Table 1 Proposed Timeline 2014 Month Task 1 2 3 4 5 0. Confirm work program and sschedule with staff x 1. Calculate employment impacts associated with initial construction x x x 2. Calculate employment impacts associated with the operation and maintenance of homes x x x x 3. Calculate employment impacts associated with critical public safety services x x x 4. Prepare final report x x 5. Optional site visits (meet with development community reps &City Council meeting) I x x Agreement Professional Services Page 13 EXHIBIT B PROFESSIONAL SERVICES AGREEMENT Fee Schedule Estimated costs for each task are summarized in Table 2. Note that our budget estimates are designed to be all-inclusive for all work and expenses associated with the project to the best of our knowledge at this current time. Table 2 Estimated Costs Task Cost 1. Calculate employment impacts associated with initial construction $5,000 2. Calculate employment impacts associated with the operation and maintenance of homes $16,000 3. Calculate employment impacts associates with critical public safety services $3,000 4. Prepare final report $4,500 TOTAL $28,500 5. Optional site visits—per meeting $2000 -2500 Hourly rates for key staff participating in the project include the following: Chris Cares, RRC Associates: $180/hour David Becher, RRC Associates: $130/hour RRC support staff: $40-$75 Agreement Professional Services Page 14