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HomeMy WebLinkAboutresolution.council.040-25RESOLUTION #040 (Series of 2025) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, CCAT CID ADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND THE ROMERO GROUP. 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 Aspen Police Department Property Management Services between the City of Aspen and The Romero Group, 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, $200,000 between the City of Aspen and The Romero Group, 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 25th day of March 2025. Torre, Mayor I, Nicole Henning, 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, March 25' 2025. Nicole Henning, City Oerk Docusign Envelope ID: 49C7D7EC-1A61-498B-8E5E=C4517918DDCA CITY OF ASPEN STANDARD FORM OF AGREEMENT PROFESSIONAL SERVICES City of Aspen Contract No.: 2025-075 - PS 1369190 AGREEMENT made the 1 Oth day of April, 2025. BETWEEN the City: The City of Aspen 427 Rio Grande Place Aspen, Colorado 81611 Phone: (970) 920-5079 And the Professional: The Romero Group 350 Market St #304 Basalt, CO 81621 US 970-273-3100 j simecek@rmero-group.com For the Following Project: Contract Amount: Total: shall not exceed $100,000.00 per year for 2 years with three one-year options to renew If this Agreement requires the City to pay an amount of money in excess of $1005000.00 it shall not be deemed valid untiI it has been approved by the City Council of the City of Aspen. City Council Approval: Date: 03/25/2025 Resolution No.: 2025-040 Aspen Police Department Property Management Services Exhibits appended and made a part of this Agreement: Exhibit A: Exhibit B: Scope of Work. Fee Schedule. The City and Professional agree as set forth below. Agreement Professional Services Page 0 Updated 5/2024 Docusign Envelope ID: 49C7D7EC-1A61-498B-8E5E-C4517918DDCA 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 contract will be for a period of two (2) years, March 31, 2027, with three (3) one-year options to renew if both parties are agreeable. 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-Assi ability. 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 Agreement Professional Services Page 1 Updated 5/2024 Docusign Envelope ID: 49C7D7EC-1A61-498B-8E5E-C4517918DDCA 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, to the extent and for an amount represented by the degree or percentage 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 wrongful 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 Agreement Professional Services Page 2 Updated 5/2024 Docusign Envelope ID: 49C7D7EC-1A61-498B-8E5E-C4517918DDCA 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) Worker's Compensation insurance to cover obligations imposed yappplicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of ONE MILLION DOLLARS ($1,000,000.00) for each accident, ONE MILLION DOLLARS ($1,000,000.00) disease - policy limit, and ONE MILLION DOLLARS ($1,000,000.00) disease - each employee. Evidence of qualified self -insured status may be substituted for the Worker's Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of TWO MILLION DOLLARS ($2,000,000.00) 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 include coverage for explosion, collapse, and underground hazards. 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 TWO MILLION DOLLARS ($2, 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 q=W-9 MILLION DOLLARS ($12,000,000) 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 Agreement Professional Services Page 3 Updated 5/2024 Docusign Envelope ID: 49C7D7EC-1A61-498B-8E5E-C4517918DDCA 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 $350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 etseq., 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 Property/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 15.04.570, pertaining to non- discrimination in employment. Any business that enters into a contract for goods or services with the City of Aspen or any of its boards, agencies, or departments shall: (a) Implement an employment nondiscrimination policy prohibiting discrimination in hiring, discharging, promoting or demoting, matters of compensation, or any other employment -related decision or benefit on account of actual or perceived race, Agreement Professional Services Page 4 Updated 5/2024 Docusign Envelope ID: 49C7D7EC-1A61-498B-8E5E-C4517918DDCA color, religion, national origin, gender, physical or mental disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status. (b) Not discriminate in the performance of the contract on account of actual or perceived race, color, religion, national origin, gender, physical or mental itary status, sexual orientation, gender identity, gender disability, age, mil expression, or marital or familial status. (c) Incorporate the foregoing provisions in all subcontracts hereunder. 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 City Manager of the City of Aspen (or a duly authorized official in the City Manager's absence) and if above $100,000, following a Motion or Resolution of the Council of the City of Aspen authorizing the City Manager (or other duly authorized official in the City Manager's absence) to execute the same. 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. Agreement Professional Services Page 5 Updated 5/2024 Docusign Envelope ID: 49C7D7EC-1A61-498B-8E5E-C4517918DDCA Cl) 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: l . 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. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 19. Electronic Signatures and Electronic Records This Agreement and any amendments hereto may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one agreement binding on the Parties, notwithstanding the possible event that all Parties may not have signed the same counterpart. Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope of Work, and any other documents requiring a signature hereunder, may be signed electronically in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a paper copy of a document bearing an electronic signature, on the grounds that it is an electronic record or electronic signature or that it is not in its original form or is not an original. Agreement Professional Services Page 6 Updated 5/2024 Docusign Envelope ID: 49C7D7EC-1A61-498B-8E5E-C4517918DDCA 20. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Professional respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Professional shall have the right to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. 21. Third Parties. This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom Professional or City may assign this Agreement in accordance with the specific written permission, any right to claim damages or to bring any suit, action or other proceeding against either the City or Professional because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 22. Attorneys Fees. In the event that legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 23. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual efforts of the parties hereto and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of the Agreement. 24. Certification Regarding Debarment, Suspension, Ineli ig bility, and Voluntary Exclusion. Professional certifies, by acceptance of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any transaction with a Federal or State department or agency. It further certifies that prior to submitting its Bid that it did include this clause without modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event that Professional or any lower tier participant was unable to certify to the statement, an explanation was attached to the Bid and was determined by the City to be satisfactory to the City. 25. Authorized Representative. The undersigned representative of Professional, as an inducement to the City to execute this Agreement, represents that he/she is an authorized representative of Professional for the purposes of executing this Agreement and that he/she has full and complete authority to enter into this Agreement for the terms and conditions specified herein. Additional Provisions. In addition to those provisions set forth herein and in the Contract Documents, the parties hereto agree as follows:The Professional in performing the Services hereunder must comply with all applicable provisions of Colorado laws for persons with disability, including the provisions of §§2445401, et sect., C.R.S., and the Rules Establishing Technology Accessibility Standards, as established by the Office Of Information Technology pursuant to Section §24-85- 103(2.5) and found at 8 CCR 150141. Services rendered hereunder that use information and communication technology, as the term is defined in Colorado law, including but not limited to websites, applications, software, videos, and electronic documents must also comply with the latest version of Level AA of the Web Content Accessibility Guidelines (WCAG), currently version 2.1. To confirm that the information and communication technology used, created, developed, or procured in connection with the Services hereunder meets these standards, Professional may be required to demonstrate compliance. The Professional shall indemnify the CITY pursuant to the Indemnification section above in relation to the Professional's failure to comply with §§24-85401, et seq., C.R.S., or the Technology Accessibility Standards for Agreement Professional Services Page 7 Updated 5/2024 Docusign Envelope ID: 49C7D7EC-1A61-498B-8E5E-C4517918DDCA Individuals with a Disability as established by the Office of Information Technology pursuant to Section §2445403(2.5). Integration and Modification. This written Agreement along with all Contract Documents shall constitute the contract between the parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition, Professional understands that no City official or employee, other than the Mayor and City Council acting as a body at a council meeting, has authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the City. Any such Agreement or modification to this Agreement must be in writing and be executed by the parties hereto. [ ] No additional provisions are adopted. [X] See Exhibit A and B below. Agreement Professional Services Page 8 Updated 5/2024 Docusign Envelope ID: 49C7D7EC-1A61-498B-8E5E-C4517918DDCA IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement of which shall be deemed an original on the date first written above. CITY OF ASP By: �yOLORADO: ignature Pete Strecker Title: Interim City Manage r 3/26/2025 � 1:42:29 PM MDT Date: Approved as to form: Doe��u..//Slpned by: 32737E149ED5457.1. City Attorneys Office PROFESSIONAL: —Signed by: �t VbMt, S(,MUA By: .7erome simecek Title: V.P. Operations, TRG Date: 3/7/2025 � 2:07:12 PM MST Agreement Professional Services Page 9 Updated 5/2024 Docusign Envelope ID: 49C7D7EC-1A61-498B-8E5E-C4517918DDCA EXHIBIT A: SCOPE OF WORK Contracted services to start: April Ist, 2025 he Contract shall commence on the effective start date and expire in two (2) years on the same date with three (3) one-year options to renew, if both parties are agreeable Fee Pr©pawl This Property A7anagement Proposal is forthe property management service services forthe Cit'y� of Aspen Police Department (COAPD) located at 544 East Main Street, Aspen, CO 81511t bVe are prepared to provide a total and complete s�.�ite of tvlanagement and Administrative services forthe Aspen Police Department (as further detailed herein) for a fixed Management Fee of $3,795 per month. bur Management i-ee comprehensively incl=.ides the list of PJlanagement Services belovr. Importantly, it anticipates the active and regular application of executive supervision by our senior staff, optimizing the level of attention and leadership focus provided for Aspen police Department. Direct labor casts are not included in the managen yen€fee. Direct labor would include services billed to Aspen Police Department such as routine operations and maintenance of building systems (please see our schedule of rates, detailed on page 6 of this proposal). Based on our multiple years m experience, vre have anticipated a routine maintenance program of daily, weekhf, monthly inspections, with the only exceptions being unforeseen is sues. propertmanagement ssues.. Liven our skill set, tive are confident that we can continue with the successful regular o•tiersite of this asset. N9anagement Services (Included in the Nfanagement Fee) 1. Promptly investigate and notify ownership of any accident or claim for damages of vrhich the Mae►ager has actual notice 2. Conduct regular inspections of the Property 3. Use best efforts to enforce rules and regulations for the shared common areas and recommend amendments when necessary 4. Retain and employ such professionals and such other experts whose services may be reasonably required by Manager, an behalf of Owner 5. Recommend capital reserve studies, and potential projects to Ownership 6. Enter into contracts for utilities and other services for the Property 7. Subject to the Approved Budget, purchase equipment, tools, appliances, goods, supplies and materials as shall be reasonably necessary to perform management/maintenance duties 8. Cause to be placed or kept in farce all insurance required by Ownership, Lease Terms, and such other insurances as may be required from time to time I 9. Act as liaison forthe Ownership with the Insurer(s) and assist in adjustment of claims arising underlaid nsurance policies Agreement Professional Services Page 10 Updated 5/2024 Docusign Envelope ID: 49C7D7EC-1A61-498B-8E5E-C4517918DDCA • 1 1 1 i i 1 1 1 1/ The Romero Group shall invoice the City on a monthly basis, which shall include but not be limited to the direct labor, executive supervision of the management and operation of the building/property. The monthly invoice will be paid NET30. The invoice shall be deemed approved by the City after five (5) days unless there is notification of a dispute. On -Call Emergency Services and On -Call Emergency Services Fee: The City shall reimburse The Romero Group for on -call emergency services. The Romero Group will have staff available (ready, willing, and able) to respond to emergencies 24 hours a day, 365 days a year, including outside of the hours of 8:00 a.m. to 5000 p.m. The Romero Group trained employees will be shared with other properties and The Romero Group guarantees a 2-hour response time from receipt of call to arrival at the building/property. The Romero Group employees are available 24 hours a day, 365 days per year at a cost to the Project of $5.00 per Jay, with an annual total expense of $1,825.00. All on -call emergency responses during the hours of 8:00 a.m. to 5 *00p.m. on days other than Thanksgiving Day, Christmas Day, New Year's Day, July 4, Memorial Day or Labor Day (collectively, "Designated Holidays") shall be charged at The Romero Group's published rate schedule attached hereto as Exhibit "C" and will not include extra charges for drive time within the Roaring Fork Valley. All on -call emergency responses outside of the hours of 8:00 a.m. to 5 *00 p.m. or on any Designated Holidays shall be charged at time and a half based upon The Romero Group's published rate schedule attached hereto as Exhibit "B" and will include drive time within the Roaring Fork Valley. CITY OF ASPEN POLICE AND ASSET DEPARTMENT MUST BE NOTIFIED WITHIN 24 HOURS TO CHANGES IN ROMERO GROUP STAFF DUE TO EMPLOYEE TERMINATION ETC, FOR SECURITY REASONS, Agreement Professional Services Page 11 Updated 5/2024 Docusign Envelope ID: 49C7D7EC-1A61-498B-8E5E-C4517918DDCA EXHIBIT B: FEE SCHEDULE Shall not exceed $1005000.00 per year fora 2 year total of $2005000.00 with the option to renew for 3 more years for a 5 year total of $500,000.00 O .� �m :QZ^ SCHEPLZE OF CO\SLZTL1Ci.� LABOR RATE (CONFIDENTIAL) THE ROMERO GROUP, LLC A Professional Consultancy & Management Compisky Professional Categories Hourly Rate Principal Management Consultant S 350,00 Development Manager 300,00 Chief Financial Officer 300.00 SenuoY 1Viechanical Systems Consultant 200.00 District / Assoc. Senior Property h4anager 200.00 Senior Ve'ater Systems Operator — licensed' 200,00 Chief Engineer 200.00 Capital Projects Manager iS5.00 Senior Controller 150.00 District / Assoc. Properr Manager 150'00 Para -Professional Categories Controller 130.00 Plant Engineer 130,00 SenioY Maintenance &fanage- 130.00 Senior Assoc. Accountant 125,00 District J Assoc. Asst. Properly* Manager 105.00 Watez Systems Operator — licensed" 130.00 HVAC Technician 100.00 Sr. RcofTechnician 100,00 Senior Irrigation Technician 100,00 Association Accountant 110.00 r;laintenance Manager 55.00 Stilled Mason Labor 50.00 iaintenance Supervisor 75.00 Property Coordinator / Administrative 65.00 Front Desk (Seasonal (4! $50.00) 55.00 System Technicians Irrigation Technician 75.00 Raof Technician g5.00 Snocr Ploc*r Drirer/Technician 75.00 aintenance Technician #3 75.00 Itiaintenance Technician r2 60.00 P;ILaintenance Tecluucian rl 55.00 Housekeeper 50.00 Reimbursable E:coenses All out-of-pocket expenses are billed at actual cost. I.'Iileage will be billed at the then current published IRS mileage reimbursement rate. All adrninustrati*:einvidental c,�sts of copies, postage, SGft(ti afe, supplies, and similar expenses etill be billed at TRG standud rates- * - License numbers provided upon request. The Romero Group's compensation shall be reviewed at the end of the initial term and will be subject to an annual increase of 3.5% or the cumulative change in the Denver -Boulder -Greeley Consumer Price Index, whichever is higher. Agreement Professional Services Page 12 Updated 5/2024 Docusign Envelope ID: 49C7D7EC-1A61-498B-8E5E�C4517918DDCA APD TRG LabGr Schedule venter Summer Off Season Annual 21 weeks Nov 25-Apd1 14 15weeks June 3-Sept 15 15'Pleeks April 14- June 3 S Sept lS to Nov24 Labor Estimated W of Hours Total AVG Total A of Hours Total AVG Total W of Hours ToGI AVG Total General Cleaning Hours per Services Per # of Hours per Bill Cost of Services Per W of Hours per Bill Cost of Services Per W of Hours per Bill Cost of Service perweek week weeks Season Rate Service perweek week weeks Season Rate Service perweek week weeks Season Rate Service Exterior Deck and Funill 0?5 1 0.25 21 5.25 556 $ 305 1 025 15 3.75 556 E 21S 1 0.25 15 4 f55 S 332 Ekierior Slke4p°.ng 0.5 t 0.5 21 10.5 £.3 j 004 1 0.5 15 75 f59 S 435 1 0.5 15 a £59 5 4U 0.75 $ 914 0.75 S efkl 5 to j 2,262 Ill Hours Total AVG Total t: of Hours Tatat AVG Total W of Hours Total AVG Total Parking Garage -General MaiM Services Per 4 °f Hours per BI Cost of Services Per W °f Hours per Bill Cost of Services Per R of Hours per 87 Cost of W erweek week weeks Season Rate Service per week week Weeks Season Rale Service rweek week weeks Season Rate Service wash Gan e a65 0-65 21 17 E5 £58 S 1,@5 O.BS 0.65 15 1275 58 j 740 0.85 0.85 18 1 13.5 1159 5 784 j 1,025 S 740 S 759 j 21564 Estimated 0of Hours Total AVG Total Cot Hours Total AVG Total 9of Hours Total AYG Total H'!AC Maine Hours per Services Per Oaf Hours per Bll Lost of Services; Per Wof Hours per Big Cost of 5ervius Per Rot Hours per Big Cast el Service erweek week weeks Season Rate Service per week week woks Season Rate Service rweek week weeks Season Rate Service Ins ac�ccsao 0.5 1 0.5 21 10.5 5100 £ 1,0 fol I 0.5 15 7.5 1100 S 750 1 0.5 15 8 5100 5 100 Serveel hers etc. 0.75 0,5 0.375 21 Z875 5100 S 7Eo 0.5 0.37: 15 5.525 $100 S fir 0.5 0.375 10 0 5100 5 270 j 1,833 $ 11313 5 10400 f 41550 F35mated W of Hours Total AVG Total W of Hours Total AVG Total 6 of Hours Total UPI AVG Total Snow Removal Hours per Services Per W °f Hours per B01 Cost of 5 ervices Per ' °f Hours per Big Cost of Services Per W °f Hours BeB Cos of Service erweek week weeks Season Rate Service per week week weeks Season Rate Service rweek week weeks Seas-0n Rate 1159 Service Hand Shove kn le 3 1 8A 21 1 1134 1 Ef3 S 55T7 0 0 1 15 0 159 Is 1 IA 15 29.5 5 I,a70 $ 6,571 $ - S 1,870 $ B,248 Lindscapirp Maintenance billed by Estimated Wof Hours =of Total AVG Total pot Hours W °f Total AVG Total t°! Hours W°f Total AYG Total APO Hours per Servkas Per weeks Hours per B01 Cast of Services Fer weeks Hours per Big Cost of Services Per weekz Hours per Big Cost of Service erweek week Season Rate Service per week week Season Rate Service per week week Season Ftale Service Larded in Ma ntenance 1 025 025 21 52.5 j`•S S 305 0.5 0.5 15 T5 Ull S 435 0.5 0.5 15 8 £59 9 434 $ 3,35 435 5 4e4 $ 1,204 Irrigation Maintenance Billed by Estimated 6of Hours t of Total AVG Total W of Hours W °f Total AVG Total if of Hours / Of Total AYG Total APD Hours per Services Per iPe°� Hours per Bill Cost of Services Per weeks Hours pet Bill Cost of Services Per weeks Hours per Bib Cost of Service erweek week Season Rate Service car week week Season Rate Service per week week Season Rate Service hart-u 8 °?set down ini, noon 0 0 0 21 0 $75 S 0 0 15 0 j75 0 0 2 11 f75 5 Inigatae Maintenance 0 0 0 21 0 $75 j 0 0 15 0 $75 S 0 0 15 0 575 5 $ f 5 f Entire Belding -General Estimated 9of Hours R of Total AVG Total Wof Hours IF of Total AYG Total Wof Hours !<°f Total AVG Total Maintenance Labor Hours per Services Per weeks Hours per Bill Cost of 5=_rvices Per weeks Hoursper Bill Cost of Services Per weeks Hoursper BA Cost of Service perweek week Season Rate Service erweek week Season Rate Service rweek week Season Rate Service Ccmnwn Area Light Check 05 1 0.5 21 10-5 $53 j 0lzd 1 0.5 15 7.5 f5.8 S 435 1 0.5 15 a $59 5 4'U D Waste Stations 025 1 a25 21 525 f`i 3 395 1 025 15 3.75 358 S 21S I 025 10 4 159 S 232 Solar System Service 025 1 025 21 525 $ 305 1 025 15 3.75 f`8 S 216 1 0_25 15 4 155 5 232 Clea¢3e•.rvioe trash and r tin g25 1 025 21 525 k`3 S 3B5 1 0_25 15 335 f55 S 218 1 025 18 4 f55 5 232 Fewer Wash trash roam 03 025 0A25 21 2d25 105 $ 152 0 0 15 0 VS $ 0.5 025 IB 4 558 S 2'i2 General 61dq klaiR'•t 1 3.75 3T5 21 76.75 153 $ 452c: 3.75 375 t5 5025 SSB S 3,223 3.75 3.75 16 O3 158 S 3.450 3 5242 j 4,3�G S 4,e72 S 150464 DALY ONLALL Service t 7 7 21 14i f'C 1.470 i 7 105 S10 S t.05A 7 7 15 It2 S10 f I, 120 S 30640 ran❑ Total Annual APD Labor Estimate S 37,931 187380 tUALU f 11,011 f 37,931 12iPAGE Agreement Professional Services Page 13 Updated 5/2024