Loading...
HomeMy WebLinkAboutresolution.council.053-25RESOLUTION #053 (Series of 2025) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND KLJ TO PROVIDE GRANT CONSULTANT SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO, WHEREAS, the city of Aspen received a $114,000 grant from DOLA to hire a consultant to provide technical assistance and grant writing services to navigate state affordable housing funding; and WHEREAS, the City Council approved Resolution No. 144, Series of 2024 on December 179 2024 accepting these grant funds with the intent to use these dollars over two years; and WHEREAS, the city of Aspen has grant strategy and writing needs across city departments and projects, making this an opportunity to pursue additional grant funds for the entire organization, and WHEREAS, the specific funds amount to $170,000 and the contract costs are assigned as detailed in the scopes of work; and WHEREAS, the project will be funded $50,000 from the city manager's office budget, $57,000 from awarded DOLA grant, and $63,000 from REMP funds; and WHEREAS, there has been submitted to the City Council a contract for grant consultation services, between the City of Aspen and KLJ, 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 an amount not to exceed $170,000 between the City of Aspen and KLJ a copy of which is annexed hereto and incorporated herein and does hereby authorize the Interim City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council the 22nd day of Apri12025. of the City of Aspen on 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, April 22nd5 2025. Nicole Henning, City C1 Docusign Envelope ID: BC9B314E-668F-4EDD-855A-EA8802454F10 CITY O PROFESSIONAL SERVICES CIT Y OF ASPIEN City of Aspen Contract No.: 2024-477 - P51385221 AGREEMENT made the 1st 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: KL,J Engineering LLC 1601 Riverfront Drive, Suite 204 Grand Junction, CO 81501 US 970450-7474 wadQ.kline@klj eng. com For the Following Project: Grant Consultant Services Contract Amount: Total: Shall not exceed $170,000.00 by 3/31/2026 If this Agreement requires the City to pay an amount of money in excess of $100,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. 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. City Council Approval: Date: 04-22-202504/22/2025 Resolution No.: 2025-0532025-053 Agreement Professional Services Page 0 Updated 5/2024 Docusign Envelope ID: BC9B314E-668F-4EDD-855A-EA8802454F10 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 March 31, 2026. 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 ng 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 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: BC9B314E-668F-4EDD-855A-EA8802454F10 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: BC9B314E-668F-4EDD-855A-EA8802454F10 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. (1) Worker's Compensation insurance to cover obligations imposed D applicable 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 TWO MILLION DOLLARS ($2,000,000) aggregate. (c) The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the City, its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided 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: BC9B314E-668F-4EDD-855A-EA8802454F10 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 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 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: BC9B314E-668F-4EDD-855A-EA8802454F10 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 disability, age, military status, sexual orientation, gender identity, gender 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 ,ment 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. es inst Continent Fees, Gratuities, onflicts of (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: BC9B314E-668F-4EDD-855A-EA8802454F10 (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: 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: BC9B314E-668F-4EDD-855A-EA8802454F10 20. Successors and Assigns. This Agreement and allot 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 Re�ardin;; Debarment, Suspension, Ineligibility, and �oluntary 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. 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. 26. The Professional in performing the Services hereunder must comply with all applicable provisions of Colorado laws for persons with disability, including the provisions of §§24-85-101, et seq., 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 1501-11. 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 Agreement Professional Services Page 7 Updated 5/2024 Docusign Envelope ID: BC9B314E-668F-4EDD-855A-EA8802454F10 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 §§24-85-101, et seq., C.R.S., or the Technology Accessibility Standards for Individuals with a Disability as established by the Office AInformation Technology pursuant to Section §24-85-103(2.5). 27. 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: [ ] No additional provisions are adopted. [X] See Exhibit A and B below. 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 ASPEN COLORADO: �—Signea by: P cf t, 5f Vti,l,Lt,V' Pete Strecker By: PROFESSIONAL: �Sfgned by: #141P —ruuowa�000uYc, �] [Signature Title: Interim City Manager 4/23/2025 � 5:14:05 PM MDT Date: Approved as to form: —DocuSigned by: City Attorneys Office wade Kline By: Title: Date: Project Manager 4/11/2025 � 4:35:55 PM CDT Agreement Professional Services Page 8 Updated 5/2024 Docusign Envelope ID: DC9D314E-668F-4EDD-855A-EA8802454F10 EXHIBIT A: SCOPE OF WORK Task 1: Project Management, Coordination, and Collaboration PROJECT KICK-OFF AND CHARTERING This task kicks off the project with the formal introduction of the Team to Aspen staff, agency heads, and stakeholders. Project Manager Wade Kline will coordinate and lead a kick-off meeting with City staff, focusing on confirmation of project goals, driving a shared understanding of City assets and challenges with the current grants portfolio, and development of a unified vision for future grant pursuits. Wade and the project team will complement this meeting with site visits to collect photo documentation of any sites where public works, infrastructure, and housing projects may be funded in the near term. We will take note during the site visit of terrain, access, parking, zoning, and utility connection issues as relevant, and get a sense of the areas that can accommodate new housing or public facilities. PROJECT CHARTER/PUBLIC ENGAGEMENT PLAN Following the kick-off meeting, we will finalize communication protocols and develop a Public Engagement Plan. The project team will finalize the project schedule, define the collaboration strategy, and confirm desired project outcomes to ensure all deliverables will meet the City's expectations and that communication will flow efficiently. This conversation will yield a written Project Charter for all parties to reference as the project's operating manual. PROJECT MANAGEMENT TEAM (PMT) As part of the project kick-off meeting, KLJ with work with the City to finalize a PMT that will meet monthly to discuss and review project milestones and deliverables. This is likely a more refined project team with representatives from key city operational areas. STAKEHOLDER/ADVISORY COMMITTEE As part of the project kick-off meeting, KLJ will work with the City to determine justification for a stakeholder/advisory committee. The committee would meet periodically to act as a sounding board on the work of the project team. A potential stakeholder/advisory committee would be codified in the Public Engagement Plan discussed above. MONTHLY INVOICING AND REPORTING Wade Kline will prepare monthly invoices and progress reports for review and approval by the City. The invoices will include a summary of all staff time and direct expenses, including those for KLJ and subconsultant CCG. The monthly progress reports will list tasks completed during the prior month and identify tasks, events, and deliverables for the upcoming month. Progress reports will be formatted as a simple memorandum and attached to monthly invoices unless the City prefers an alternate format. Task 2 Grant Research KLJ's Government Relations Team Leader Becky Rosenleaf will work with City staff to evaluate and develop a range of funding opportunities to support critical local initiatives and projects. Becky will leverage our western slope experience of Carrie Kellerby (Federal and State Programs), Sarah Brooks (Recreation al/Mu ltimodaI Programs) and Blake Wilcox (Federal Programs) to develop an exhaustive list of funding programs and opportunities for the City. Things are changing quickly with Federal programs. Our team will translate the changing landscape of Federal funding to the City and its leadership team. Repositioning existing project priorities to meet new Federal emphasis areas will be critical and need to happen iteratively over the 2nd and 3rd quarters of 2025. Changing Federal priorities, put the focus more squarely on home grown Colorado funding solutions. Our approach will ensure the City of Aspen is fully leveraging State of Colorado funding, or Federal funds apportioned to the state agencies that are less impacted by political considerations. Agreement Professional Services Page 9 Updated 5/2024 Docusign Envelope ID: BC9B314E-668F-4EDD-855A-EA8802454F10 Framework of state and Federal funding — Becky and her team will develop a framework of state and Federal funding programs relevant to the City. This will take the form of an easy to read and graphically appealing document highlighting key state and Federal funding sources relevant to the City of Aspen: • State of Colorado — KLJ has a deep understanding of state administered programs through the DOLA, Parks and Wildlife (CPW), Department of Natural Resources (DNR), and CDOT. • Inflation Reduction Act (IRA) — Several new funding opportunities exist through IRA. While changes are expected at the Federal level, several Colorado state agencies have already formalized new statewide programs to support local implementation of IRA. • Infrastructure Investment and Jobs Act (IIJA) —Through the leadership of CDOT, IIJA is fully established across Colorado. Our team will work to clearly identify and relate key IIJA programs to City of Aspen priorities. Task 3: Grant Strategy Project Manager Wade Kline is focused squarely on establishing a multidisciplinary and prioritized list of capital funding needs for the City of Aspen. This starts with an in-depth review and prioritization of projects from existing planning and programming documents. KLJ will work closely with key City staff to develop a common vision for a set of high priority projects, which should be considered for future state and Federal funding. Under Wade's leadership, the Government Relations and Planning team will develop four key deliverables which launch this project forward. PLANNING AND PROGRAMMING REVIEW Our Planning Team, led by Project Manager Wade Kline and Senior Planner Ben Manibog, will develop an initial diagnostic review of existing planning and programming documents prepared by the City of Aspen. We will prepare a first draft of our understanding of existing planning and programming priorities for the City. This will include a full range of capital, operational, and programmatic priorities and needs facing the City. NEEDS IDENTIFICATION WORKSHOP Following our Planning and Programming Review, Ben Manibog, Sarah Brooks, and Venita Curie will facilitate a Needs Identification workshop with City staff to develop a universe of high -priority projects. This wi ll be a workshop style meeting with key department leadership throughout the City. Based on our experience in other communities such as Gypsum and Eagle, this could potentially include the school district and park district to ensure a 360 review of community needs and potential cooperative investments. We will utilize community preferences and priorities from the 2024 Aspen Community Survey to ensure we have satisfied previously identified public sentiment on community needs and priorities. The Needs Identification Workshop will identify potential/proposed projects for consideration and project status/readiness. Grant funding is becoming increasingly competitive. It is important for the community to identify projects that are most important, able to be completed in the limited obligation time, and will provide the highest return on investment in the next four to five years. PROJECT PRIORITIZATION KLJ will work with the City of Aspen to develop prioritization process based on a series of readily available desk top data and community -based inputs to assist in prioritizing project needs. The 2024 Aspen Community Survey will be a great starting point, but we will utilize our Needs Identification Workshop to identify other data points we can use to establish a reasonable matrix. Ben Manibog and Jonathan Tarr are currently working closely with the communities of Rifle and Eagle on implementation of an project prioritization process that blends both community and infrastructure needs into a thoughtful output of priority projects. PROJECT FUNDING CROSSWALK Task 3 concludes with a blending of the Grant Research completed in Task 2 and the prioritization work completed in Task 3. Becky and her team will develop crosswalk between state and Federal funding and identified key City priorities. Included in this Project Funding Crosswalk is a Suitability Analysis/Matrix for high -priority community needs that appear to be both a high community priority and a good fit to submit for Agreement Professional Services Page 10 Updated 5/2024 Docusign Envelope ID: BC9B314E-668F-4EDD-855A-EA8802454F10 either planning or construction/ implementation dollars. This analysis should provide a framework of "candidate" projects for which to solicit grant funds. Task 4: Grant Development and Application Support Becky and the Government Relations team will support grant development efforts for the City of Aspen. Becky will utilize one of our three existing grant writers to support grant development efforts. These efforts help gather more information about one or more potential programs which might fit a specific project need. KLJ will work closely with the city to stay ahead of funding notices through consistent and thoughtful monthly working meetings with the PMT. When funding becomes available, Becky and her team will move quickly to execute grant applications based on the strategic prioritization process completed as part of Tasks 1, 2 and 3. Ben Manibog and Eli Powell will pay close attention to identifying an innovative approach addressing Justice 40, diversity, equity, and inclusion in the grant development process. Task 5: Project Support and Compliance In addition to researching and writing grants, Becky and the Government Relations team will provide grant administration services to the City. We will advise your team on obligation/contracting from project initiate to project completion. Both Becky and Denae Johnson have a proven track record of managing complex :ederal and state grants. Becky and Denae assist in overseeing compliance related to grant commitments. This includes facilitating obligation certifications, documentation support, certifying pay estimates; managing the grant reimbursement process; and assisting in generating quarterly, and annual reports to meet grant requirements. We are familiar with multiple federal and state grant administration and reporting requirements and have built relationships with grant administration staff that assist in helping you ensure grant compliance. Task 6: Housing Grant Outreach The three-phase approach, led by KLJ and CCG, will surface the voices that make Aspen tick —from workers to large and small employers and established year-round residents. Our outreach will exceed the City of Aspen's expectations for community engagement through Proposition 123 funds because Aspen seeks more than simply fulfilling grant obligations. We build the housing ecosystem that the community envisions for cost -burdened -residents while advancing city sustainability goals. This approach ensures funded projects create vibrant, sustainable communities that align with both city priorities and resident needs. The CCG-led community engagement team will develop a comprehensive Public Outreach Plan that defines clear objectives, measurable benchmarks, and detailed implementation steps. This plan will encompass our strategic communications approach, tactical implementation strategy, and clearly defined team responsibilities. Phase 1: Getting the Big Picture We will facilitate two strategic workshops with regional affordable housing partners. Workshop #1: This initial session will comprehensively map the current affordable housing landscape, including existing grant opportunities, active housing programs, and current requirements. We will establish baseline metrics and identify opportunities to streamline processes. This critical first step ensures our new granting structure enhances existing programs while identifying and addressing crucial gaps in service delivery. Workshop #2: The second workshop harnesses our regional partners' expertise to craft a visionary yet practical long-term housing grant roadmap. All proposed solutions must advance the City 's sustainability and climate action goals. CCG will expertly manage all aspects of these in -person workshops, from planning and promotion to facilitation and documentation, ensuring decision -makers have clear, actionable insights. Deliverables: • Comprehensive housing landscape analysis • Gap and overlap assessment Agreement Professional Services Page 11 Updated 5/2024 Docusign Envelope ID: BC9B314E-668F-4EDD-855A-EA8802454F10 • Success metrics framework • Evidence -based grant requirements • Strategic roadmap for future housing grants • Robust reporting framework Phase 2: "Tip Jar" Community Outreach Our "Tip Jar" approach brings the conversation directly to cost -burdened workers during their breaks at locations convenient to their daily routines, including the transit centers at Rubey Park and the Airport vicinity. We will gather their feedback on the housing roadmap and grant requirements, specifically seeking their "tips" on how Phase 1 recommendations would impact their lives. This engagement includes incentivize participation through gift card raffles and the creation of an interactive community wishing wall to understand what solutions could produce the best results for affordable housing. Events will run simultaneously at convenient locations throughout a 24-hour period. This approach acknowledges and overcomes traditional barriers to participation. By bringing compensated outreach to familiar locations — whether workplaces like coffee shops and hotels or transit hubs, we demonstrate respect for participants' time while ensuring their voices shape our solutions. Deliverables: • Firsthand worker insights and experiences • Community -validated housing roadmap and requirements • Documented real -world impact assessment Phase 3: Community Wishing Wall Our approach transforms community feedback into concrete funding criteria and measurable quality -of -life improvements. This final phase showcases the "community wishing wall" results to demonstrate the direct connection between community input and funding decisions. We will build sustained community support by addressing potential concerns early and maintaining transparent communication. Our team will develop engaging materials for regional partners' e-newsletters and return to our "Tip Jar" participants during their breaks to demonstrate how their input shaped the final project. As with Phase 2, these follow-up conversations will occur simultaneously across locations within a 24-hour period. Deliverables: Comprehensive synthesis of all community input Community -informed grant requirements and housing roadmap Implementation -ready reporting systems Quantified community benefit analysis Task 7: Affordable Housing Policy Technical Assistance (TA), Grant Writing, and Strategy Our three-phase outreach strategy will bring trusted voices to the table — and ensure they remain engaged with the City throughout the life of the grant -funded projects. The team, led by Jonathan Tarr, will review the outcomes of the three-phase outreach strategy and the trusted voices consulted as a foundation for this Task. With that understanding of unmet need(s) in the housing market, including the elements of housing supply, conditions, City policies and objectives, and the state of the subsidized and unsubsidized markets, we will connect these to leverage points for a critical path to housing solutions. Other factors considered will include trends in interest rates, construction costs, and the construction/skilled trade workforce, to recommend solutions that can be implemented. Carrie will connect City staff's identified project needs to grant opportunities that support the housing ecosystem, following the grant development approach established in Task 4. This will become Aspen's roadmap for fulfilling the housing supply goal(s), identifying relevant grant opportunities and grant -funded projects. Jonathan, Carrie, and Kat will supplement the roadmap with identification of expert TA and capacity -building efforts that Aspen may use to ensure new housing — whether actual scattered -site projects or citywide efforts — receive the needed technical support to succeed. Should tailored technical assistance be required, Agreement Professional Services Page 12 Updated 5/2024 Docusign Envelope ID: BC9B314E-668F-4EDD-855A-EA8802454F10 Jonathan and Carrie will coordinate with City staff to apply for appropriate TA engagements that point the City toward meeting housing supply goals. The most appropriate TA will be determined based on remaining needs but is likely to come from Colorado Housing and Finance Authority (CHFA) — for small-scale site - specific developments — and/or Housing and Urban Development (HUD) — for federally -funded program work. Both of these sources are available to the City of Aspen at no cost. Deliverablesa • Housing Ecosystem Roadmap for Grant Application Support • Technical Assistance Strategy EXHIBIT B: FEE SCHEDULE Wade Kline Project Manager ec y osen ea Govemment Relations Team leader Jonathan Tart Housing Specialist Govemment Relations Specialist (KellerbyWilcoa/Johnson Senior Planning Analyst Ben Manibog Engagement Specialist Sarah Brooks Planning Analyst (HerberllPOWe0) Graphic Design (Comctt/Hill) KLJ Fee Curtis Consulting Group Total Fee Tasks $243 St55 $151 $105 BISS $105 $106 S125 Ta=-kI- Project hlar3gement 04 8 24 8 4 24 24 8 327,990 332,200 S608I96 Task 2-Gra-.t Restarch 2 8 8 49 0 12 8 8 SI IJ54 $11,154 Task 3-Grant Sr3te 12 4 4 24 32 t0 16 32 $19.020 $19020 Taskal - Grant Dt�*Iopment and A pE=ton Support 16 10 4 04 12 4 40 $24,492 $24,492 Task 5 - Project Sup art and Compliance 2 10 0 20 0 0 0 0 35,226 55,226 Task 0- Housing Grant Outreach 2 0 24 0 0 24 40 4 $11,330 511,330 Task 7- Housing Ted*..nical Assistance 2 2 24 24 0 0 32 4 510,820 $20.000 $36,820 Total Moms 100 5� 88 /Q •! 80 152 !8 Task 5 is an estimate so we will create contract value for a 3/31/2026, to cover additional not exceed 5170,000.00 is if needed. Agreement Professional Services Page 13 Updated 5/2024