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HomeMy WebLinkAbout2019-02-12 VLHA Meeting Agenda RESOLUTION NO. 1 Series of 2019 A RESOLUTION APROVING AN EXEMPTION FROM AUDIT FOR THE FISCAL YEAR 2018, FOR THE VAIL LOCAL HOUSING AUTHORITY IN THE STATE OF COLORADO. WHEREAS, the board of the Vail Local Housing Authoritywishes to claim exemption from the audit requirements of Section 29-1-603, C.R.S.; and WHEREAS, Section 29-1-604, C.R.S. states that any local government where neither revenues nor expenditures exceed five hundred thousand dollars may, with the approval of the state auditor, be exempt from the provisions of Section 29-1-603, C.R.S.; and WHEREAS, neither revenues nor expenditures for the Vail Local Housing Authority exceeded $100,000 for fiscal year 2018; and WHEREAS, an application for exemption from audit for the Vail Local Housing Authority has been prepared by Carlie Smith, a person skilled in governmental accounting; and WHEREAS, said application for exemption from audit has been completed in accordance with regulations issued by the state auditor. NOW THEREFORE, it be ordained by the board of the Vail Local Housing Authority that the application for exemption from audit for the Vail Local Housing Authority for the fiscal year ended, December 31, 2018, has been reviewed and is hereby approved by a majority of the board of theVail Local Housing Authority,that those members of the Vail Local Housing Authority have signified their approval by signing below; and that this resolution shall be attached to, andshall become a part of the application for exemption for audit of the Vail Local Housing Authority for the fiscal year ended December 31, 2018. ADOPTED THIS12DAY OFFEBRUARY 2019. ATTEST:SIGNED: Lynne Campbell, SecretarySteve Lindstrom, Chairman RESOLUTION NO. 1, SERIES OF 2019 Members of BoardDate Term ExpiresSignature Steve Lindstrom06/2020 Molly Morales06/2023 James Wilkins06/2019 Mary McDougall06/2021 Francisco Meza06/2022 RESOLUTION NO. 1, SERIES OF 2019 RESOLUTIONNO.2 Series of 2019 A RESOLUTION AUTHORIZING THE CHAIR OF THE VAIL LOCAL HOUSING AUTHORITY TO SIGN A SCOPE OF PROFESSIONAL SERVICES AGREEMENT BETWEEN THE VAIL LOCAL HOUSING AUTHORITY AND ECONOMIC AND PLANNING SYSTEMS. WHEREAS, the Vail Local Housing Authority (the "Authority"), is duly organized and existing under the laws of the State of Colorado; WHEREAS, the members of the Authority have been duly appointed and qualified; WHEREAS, the Authority has adopted a Vail Housing 2027 Strategic Plan (the “Strategic Plan”) to ensure Vail is the premier international mountain resort community; WHEREAS, the Strategic Plan identifies areas of action for implementation; WHEREAS, the Authority has selected Economic and PlanningSystems (“EPS) to provide a scope of services to facilitate the completion of the 2019 Economic Value of Resident-Occupied, Deed-Restricted Housing in the Town of Vail Report(the “Report”); and WHEREAS, the Authority wishes to authorize the Chair ofthe Authorityto execute a scope of professional services agreement with EPS for work on the Report. NOW THEREFORE, BE IT RESOLVED BY THEVAIL LOCAL HOUSING AUTHORITY THAT: Section 1. The Authorityhereby authorizes the Chair of the Authorityto enter into a scope of professional services agreement with Economic and Planning Systems on behalf of the Authorityin substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Vail Local th day ofFebruary,2019. Housing Authorityheld this 12 Steve Lindstrom Chair, Vail Local Housing Authority ATTEST: Tammy Nagel Vail Town Clerk Resolution No. 2, Series of 2019 EXHIBIT A Resolution No. 2, Series of 2019 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement") is made and entered into this 12th day of February, 2019 (the "Effective Date"), by and between the Vail Local Housing Authority, 75 South Frontage Road, Vail, CO 81657, a Colorado municipal corporation (the "Authority"), and Economic and Planning Systems, th an independent contractor with a principal place of business at 730 17 Street, Suite 630, Denver, CO., 80202, ("Contractor") (each a "Party" and collectively the "Parties"). WHEREAS, the Town requires professional services; and WHEREAS, Contractor has held itself out to the Authority as having the requisite expertise and experience to perform the required professional services. NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: I. SCOPE OF SERVICES A. Contractor shall furnish all labor and materials required for the complete and prompt execution and performance of all duties, obligations, and responsibilities which are described or reasonably implied from the Scope of Services set forth in Exhibit A, attached hereto and incorporated herein by this reference. B. A change in the Scope of Services shall not be effective unless authorized as an amendment to this Agreement. If Contractor proceeds without such written authorization, Contractor shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent, employee, or representative of the Authority is authorized to modify any term of this Agreement, either directly or implied by a course of action. II. TERM AND TERMINATION A. This Agreement shall commence on the Effective Date, and shall continue until Contractor completes the Scope of Services to the satisfaction of the Authority, or until terminated as provided herein. B. Either Party may terminate this Agreement upon 30 days advance written notice. The Authority shall pay Contractor for all work previously authorized and completed prior to the date of termination. If, however, Contractor has substantially or materially breached this Agreement, the Authority shall have any remedy or right of set- off available at law and equity. III. COMPENSATION In consideration for the completion of the Scope of Services by Contractor, the Authority shall pay Contractor $34,795. This amount shall include all fees, costs and 1 2/4/2019 \\\\VWS-STORAGE\\DESKTOPS$\\GRUTHER\\DESKTOP\\EPS 183136 - TOWN OF VAIL ECONOMIC IMPACT OF RESIDENT OCCUPIED DEED RESTRICTED HOUSING 02122018.DOCX expenses incurred by Contractor, and no additional amounts shall be paid by the Authority for such fees, costs and expenses. Contractor shall not be paid until the Scope of Services is completed to the satisfaction of the Authority. IV. PROFESSIONAL RESPONSIBILITY A. Contractor hereby warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and professional licenses in good standing, required by law. The work performed by Contractor shall be in accordance with generally accepted professional practices and the level of competency presently maintained by other practicing professional firms in the same or similar type of work in the applicable community. The work and services to be performed by Contractor hereunder shall be done in compliance with applicable laws, ordinances, rules and regulations. B. The Authority's review, approval or acceptance of, or payment for any services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. C. Because the Authority has hired Contractor for its professional expertise, Contractor agrees not to employ subcontractors to perform any work under the Scope of Services. V. OWNERSHIP Any materials, items, and work specified in the Scope of Services, and any and all related documentation and materials provided or developed by Contractor shall be exclusively owned by the Authority. Contractor expressly acknowledges and agrees that all work performed under the Scope of Services constitutes a "work made for hire." To the extent, if at all, that it does not constitute a "work made for hire," Contractor hereby transfers, sells, and assigns to the Town all of its right, title, and interest in such work. The Authoirty may, with respect to all or any portion of such work, use, publish, display, reproduce, distribute, destroy, alter, retouch, modify, adapt, translate, or change such work without providing notice to or receiving consent from Contractor. VI. INDEPENDENT CONTRACTOR Contractor is an independent contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Contractor to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Contractor for all purposes. Contractor shall make no representation that it is an Authority employee for any purposes. VII. INSURANCE A. Contractor agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other 2 2/4/2019 \\\\VWS-STORAGE\\DESKTOPS$\\GRUTHER\\DESKTOP\\EPS 183136 - TOWN OF VAIL ECONOMIC IMPACT OF RESIDENT OCCUPIED DEED RESTRICTED HOUSING 02122018.DOCX obligations assumed by Contractor pursuant to this Agreement. At a minimum, Contractor shall procure and maintain, and shall cause any subcontractor to procure and maintain, the insurance coverages listed below, with forms and insurers acceptable to the Authority. 1. Worker's Compensation insurance as required by law. 2. Commercial General Liability insurance with minimum combined single limits of $1,000,000 each occurrence and $1,000,000 general aggregate. The policy shall be applicable to all premises and operations, and shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, products, and completed operations. The policy shall contain a severability of interests provision, and shall include the Authority and the Authority's officers, employees, and contractors as additional insureds. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations. 3. Professional liability insurance with minimum limits of $1,000,000 each claim and $1,000,000 general aggregate. B. Such insurance shall be in addition to any other insurance requirements imposed by law. The coverages afforded under the policies shall not be canceled, terminated or materially changed without at least 30 days prior written notice to the Authority. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Any insurance carried by the Authority, its officers, its employees or its contractors shall be excess and not contributory insurance to that provided by Contractor. Contractor shall be solely responsible for any deductible losses under any policy. C. Contractor shall provide to the Authority a certificate of insurance as evidence that the required policies are in full force and effect. The certificate shall identify this Agreement. VIII. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the Authority and its officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Agreement if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor, or which arise out of a worker's compensation claim of any employee of Contractor or of any employee of any subcontractor of Contractor. 3 2/4/2019 \\\\VWS-STORAGE\\DESKTOPS$\\GRUTHER\\DESKTOP\\EPS 183136 - TOWN OF VAIL ECONOMIC IMPACT OF RESIDENT OCCUPIED DEED RESTRICTED HOUSING 02122018.DOCX Contractor's liability under this indemnification provision shall be to the fullest extent of, but shall not exceed, that amount represented by the degree or percentage of negligence or fault attributable to Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor or of any subcontractor of Contractor. If Contractor is providing architectural, engineering, surveying or other design services under this Agreement, the extent of Contractor's obligation to indemnify and hold harmless the Authority may be determined only after Contractor's liability or fault has been determined by adjudication, alternative dispute resolution or otherwise resolved by mutual agreement between the Parties, as provided by C.R.S. § 13-50.5-102(8)(c). IX. ILLEGAL ALIENS A. Certification. By entering into this Agreement, Contractor hereby certifies that, at the time of this certification, it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement and that Contractor will participate in either the E-Verify Program administered by the United States Department of Homeland Security and Social Security Administration or the Department Program administered by the Colorado Department of Labor and Employment to confirm the employment eligibility of all employees who are newly hired to perform work under this Agreement. B. Prohibited Acts. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement, or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. C. Verification. 1. If Contractor has employees, Contractor has confirmed the employment eligibility of all employees who are newly hired to perform work under this Agreement through participation in either the E-Verify Program or the Department Program. 2. Contractor shall not use the E-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. 3. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien who is performing work under this Agreement, Contractor shall: notify the subcontractor and the Town within 3 days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien who is performing work under this Agreement; and terminate the subcontract with the subcontractor if within 3 days of receiving the notice required pursuant to subsection 1 hereof, the subcontractor does not stop employing or contracting with the illegal alien who is performing work under this Agreement; except that Contractor shall not terminate the subcontract if during such 3 days the 4 2/4/2019 \\\\VWS-STORAGE\\DESKTOPS$\\GRUTHER\\DESKTOP\\EPS 183136 - TOWN OF VAIL ECONOMIC IMPACT OF RESIDENT OCCUPIED DEED RESTRICTED HOUSING 02122018.DOCX subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien who is performing work under this Agreement. D. Duty to Comply with Investigations. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation conducted pursuant to C.R.S. § 8-17.5-102(5)(a) to ensure that Contractor is complying with the terms of this Agreement. E. Affidavits. If Contractor does not have employees, Contractor shall sign the "No Employee Affidavit" attached hereto. If Contractor wishes to verify the lawful presence of newly hired employees who perform work under the Agreement via the Department Program, Contractor shall sign the "Department Program Affidavit" attached hereto. X. MISCELLANEOUS A. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement. C. Integration. This Agreement constitutes the entire agreement between the Parties, superseding all prior oral or written communications. D. Third Parties. There are no intended third-party beneficiaries to this Agreement. E. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre-paid, first class United States Mail to the party at the address set forth on the first page of this Agreement. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. G. Modification. This Agreement may only be modified upon written agreement of the Parties. H. Assignment. Neither this Agreement nor any of the rights or obligations of the Parties hereto, shall be assigned by either Party without the written consent of the other. I. Governmental Immunity. The Authority and its officers, attorneys and employees, are relying on, and do not waive or intend to waive by any provision of this 5 2/4/2019 \\\\VWS-STORAGE\\DESKTOPS$\\GRUTHER\\DESKTOP\\EPS 183136 - TOWN OF VAIL ECONOMIC IMPACT OF RESIDENT OCCUPIED DEED RESTRICTED HOUSING 02122018.DOCX Agreement, the monetary limitations or any other rights, immunities or protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Authority and its officers, attorneys or employees. J. Rights and Remedies. The rights and remedies of the Authority under this Agreement are in addition to any other rights and remedies provided by law. The expiration of this Agreement shall in no way limit the Authority's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed. K. Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Authority not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. Vail Local Housing Authority ________________________________ Steve Lindstrom, Chair ATTEST: __________________________________ Tammy Nagel, Town Clerk CONTRACTOR By: ________________________________ STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of ________________, 2019, by ____________________________ as _________________ of ________________________. My commission expires: (S E A L) ________________________________ Notary Public 6 2/4/2019 \\\\VWS-STORAGE\\DESKTOPS$\\GRUTHER\\DESKTOP\\EPS 183136 - TOWN OF VAIL ECONOMIC IMPACT OF RESIDENT OCCUPIED DEED RESTRICTED HOUSING 02122018.DOCX EXHIBIT A SCOPE OF SERVICES Contractor's Duties During the term of this Agreement, Contractor shall perform the following duties, as directed by the Authority: Contractor shall complete a Updated 2019 Economic Value of Resident- Occupied, Deed-Restricted Housing Report Contractor shall be present its findings to the Vail Local Housing Authority Contractor's Deliverables In performance of the duties described above, Contractor shall deliver the following items to the Authority, during the timeframes established by the Authority: Scope of Services Task 1: Project Initiation Following a notice to proceed, Economic and Planning Systems (EPS) will conduct a conference call with the client team to discuss the scope of the project, the priority level of tasks, and the timing of the project deliverables. Task 2: Data Collection EPS will collect primary and secondary data to build the analysis of economic and community impacts. Following are listed the Level 1 and Level 2 components of the data collection effort. Task 2.1: Level 1 Data Collection As characterized above, data collected will be used to update the findings from the previous study with some refinements and modifications to methodology and underlying assumptions. Data will include: Industry-level employment and wage data from the Colorado Department of Labor and Employment (CDLE) for 2001 through 2017 Commuting patterns by zip code or Census Designated Place using data from the U.S. Census Longitudinal Employer Household Dynamics (LEHD) for 2002 through 2015 to quantify the magnitude of trips, distance, and time associated with commuting 7 2/4/2019 \\\\VWS-STORAGE\\DESKTOPS$\\GRUTHER\\DESKTOP\\EPS 183136 - TOWN OF VAIL ECONOMIC IMPACT OF RESIDENT OCCUPIED DEED RESTRICTED HOUSING 02122018.DOCX Employee housing data, such as inventory of units, occupancy characteristics, number of households, distribution by income level, housing costs, location of work from the Town of Vail and/or Vail Housing Authority Current and historical TOV municipal budget information Unemployment and labor force participation data from DOLA and CDLE Current parking construction costs, using primary data, as well as information from subscription service from RS Means Task 2.2: Level 2 Data Collection As characterized above, data collected for this level of analysis will integrate a few new elements that may have been underestimated in the previous study and some that were not included at all. These include data on: Collect value of time information from the U.S. Department of Transportation to characterize both business-related and leisure-oriented travel time Collect information from the Bureau of Labor Statistics (BLS), and adapt the findings from -completed statewide nonprofit economic impact study, to estimate the value of volunteerism and resident participation in the community Collect data to estimate the volume of greenhouse gas (GHG) emissions from commuting Document current and historical budget allocations dedicated to housing from a selection of comparable resort communities Delineate the historical annual affordable housing investment/expenditure, distinguishing capital versus operating budgets, using a selection of comparable resort markets Acquisition of baseline input-output data from IMPLAN for economic impact modeling Task 3: Impact Analysis This task will quantify the numerous layers of economic, fiscal, and community impacts that stem from the Tresident occupied, deed-restricted housing. Task 3.1: Level 1 Impact Analysis The first level of analysis will quantify metrics to characterize the economic and fiscal impacts to resident occupied, deed-restricted housing households in the context of the 8 2/4/2019 \\\\VWS-STORAGE\\DESKTOPS$\\GRUTHER\\DESKTOP\\EPS 183136 - TOWN OF VAIL ECONOMIC IMPACT OF RESIDENT OCCUPIED DEED RESTRICTED HOUSING 02122018.DOCX The value of investment to employees (i.e. residents) in terms of number of hours saved, total associated reduced travel costs, H+T, and enhanced ability to build wealth The value of investment to businesses in terms of avoided costs of inducing workers to drive from greater distances, as well as the benefits to them from the presence of more local (permanent resident) households The fiscal return on this investment to the community in terms of local household spending in terms of retail, healthcare, finance and insurance, and other major spending categories (versus the lost positive fiscal impacts of employees and their household spending occurring elsewhere down valley) onomy supported by resident occupied, deed-restricted housing investment The estimated annual debt service payments avoided and/or the direct expenditure from the General Fund required to build a new parking structure and similar transportation facilities Task 3.2: Level 2 Impact Analysis The second level of analysis will quantify metrics to characterize the additional impacts of investment in resident occupied, deed-restricted housing. The value of investment in terms of GHG avoided The value to the community in terms of additional time given to the nonprofit community in the form of volunteerism and the associated social return on investment The potential expansion to the local economy with the use of IMPLAN to estimate jobs, GRP, and output impacts of higher wages paid Task 4: Comparable Resort Market Research To generate support and motivation for continued and augmented resident occupied deed-restricted housing investment, EPS will use data collected from Task 2.2 to demonstrate how Vail compares to other resort markets. The analysis will identify the percent of municipal budget dedicated to affordable housing, total number of employee economy by comparison to these other markets as a result, as well as the estimated magnitude of fiscal benefit Task 5: Deliverables Task 5.1: Report & Presentation 9 2/4/2019 \\\\VWS-STORAGE\\DESKTOPS$\\GRUTHER\\DESKTOP\\EPS 183136 - TOWN OF VAIL ECONOMIC IMPACT OF RESIDENT OCCUPIED DEED RESTRICTED HOUSING 02122018.DOCX EPS will prepare a brief 15- to 20-page report detailing the data collection, methodology, and findings of the analysis completed (Level 1 and Level 2, if selected). As is customary, a draft report will be shared with the Authority and presented in- person. Comments from staff review and the presentation will be incorporated into the final report. Proposed Budget Based on the scope of services outlined above and the delineation of methodologies, EPS estimates that the Level 1 analysis can be completed for a budget of $18,715. Including all of the additional Level 2 components, including data collection, impact analysis, comparable market research, and infographic, EPS estimates a total budget of $34,795. Principal Exec. Research in Charge VP Analyst II Total Knudtsen Schwartz Jones Billing Rate $230 $200 $100 Labor Costs Task 1: Project Initiation 1.5 1.5 1.5 $795 Task 2: Data Collection Task 2.1: Level 1 Data Collection 8 10 12 $5,040 Task 2.2: Level 2 Data Collection (Optional) 4 8 16 $4,120 Task 3: Impact Analysis Task 3.1: Level 1 Impact Analysis 6 10 14 $4,780 Task 3.2: Level 2 Impact Analysis (Optional) 4 8 18 $4,320 Task 4: Comparable Resort Market Research (Optional) 8 14 30 $7,640 Task 5: Deliverables Task 5.1: Report & Presentation 10 14 12 $6,300 Subtotal $32,995 Total Staff Hours 41.5 65.5 103.5 210.5 as % of Total Staff Hours 20% 31% 49% 10 2/4/2019 \\\\VWS-STORAGE\\DESKTOPS$\\GRUTHER\\DESKTOP\\EPS 183136 - TOWN OF VAIL ECONOMIC IMPACT OF RESIDENT OCCUPIED DEED RESTRICTED HOUSING 02122018.DOCX Direct Costs Data Acquisition $1,300 Travel $500 Subtotal $1,800 Project Cost (Level 1) $18,715 Total Project Cost (Level 2) $34,795 Source: Economic & Planning Systems 11 2/4/2019 \\\\VWS-STORAGE\\DESKTOPS$\\GRUTHER\\DESKTOP\\EPS 183136 - TOWN OF VAIL ECONOMIC IMPACT OF RESIDENT OCCUPIED DEED RESTRICTED HOUSING 02122018.DOCX NO EMPLOYEE AFFIDAVIT \[To be completed only if Contractor has no employees\] 1. Check and complete one: I, _______________________________, am a sole proprietor doing business as __________________________. I do not currently employ any individuals. Should I employ any employees during the term of my Agreement with the Vail Local Housing Authority (the "Authority"), I certify that I will comply with the lawful presence verification requirements outlined in that Agreement. OR I, ______________________________, am the sole owner/member/shareholder of ___________________________, a ______________________________ \[specify type of entity i.e., corporation, limited liability company\], that does not currently employ any individuals. Should I employ any individuals during the term of my Agreement with the Authority, I certify that I will comply with the lawful presence verification requirements outlined in that Agreement. 2. Check one. I am a United States citizen or legal permanent resident. The Town must verify this statement by reviewing one of the following items: A valid Colorado driver's license or a Colorado identification card; A United States military card or a military dependent's identification card; A United States Coast Guard Merchant Mariner card; A Native American tribal document; - issued identification card from the state of residence, if that state requires the applicant to prove lawful presence prior to the issuance of the identification card; or Any other documents or combination of documents listed in the Town both Contractorand identity. OR I am otherwise lawfully present in the United States pursuant to federal law. Contractor must verify this statement through the federal Systematic Alien Verification of Entitlement ("SAVE) program, and provide such verification to the Authority. ____________________________________ __________________________ Signature Date 12 2/4/2019 \\\\VWS-STORAGE\\DESKTOPS$\\GRUTHER\\DESKTOP\\EPS 183136 - TOWN OF VAIL ECONOMIC IMPACT OF RESIDENT OCCUPIED DEED RESTRICTED HOUSING 02122018.DOCX DEPARTMENT PROGRAM AFFIDAVIT \[To be completed only if Contractor participates in the Department of Labor Lawful Presence Verification Program\] I, ________________________, as a public contractor under contract with the Vail Local Housing Authority (the "Authority"), hereby affirm that: 1. I have examined or will examine the legal work status of all employees who are newly hired for employment to perform work under this public contract for services ("Agreement") with the Authority within 20 days after such hiring date; 2. I have retained or will retain file copies of all documents required by 8 U.S.C. § 1324a, which verify the employment eligibility and identity of newly hired employees who perform work under this Agreement; and 3. I have not and will not alter or falsify the identification documents for my newly hired employees who perform work under this Agreement. ____________________________________ ________________________ Signature Date STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of __________, 2019, by _______________________ as _________________ of ________________________. My commission expires: (S E A L) ________________________________ Notary Public 13 2/4/2019 \\\\VWS-STORAGE\\DESKTOPS$\\GRUTHER\\DESKTOP\\EPS 183136 - TOWN OF VAIL ECONOMIC IMPACT OF RESIDENT OCCUPIED DEED RESTRICTED HOUSING 02122018.DOCX VAIL LOCAL HOUSING AUTHORITY RESOLUTION NO. 3 SERIES OF 2019 A RESOLUTION ADOPTING AN AMENDED BUDGET AND MAKING APPROPRIATIONS TO PAY THE COSTS, EXPENSES, AND LIABILITIES OF THE VAIL LOCAL HOUSING AUTHORITY FOR ITS FISCAL YEAR JANUARY 1, 2019 THROUGH DECEMBER 31, 2019. WHEREAS, contingencies have arisen during the fiscal year 2019 which could not have been reasonably foreseen or anticipated by the Vail Local Housing Authority at the time it enacted Resolution No. 21, Series of2018 adopting the 2019 Budget for the Vail Local Housing Authority of Vail, Colorado; WHEREAS, in accordance with CRS Section 29-1-106,a notice of budget hearing has been posted; WHEREAS,notice of this public hearing to consider the adoption of theVail Local th Housing Authority amended budget was posted on the 8day of February 2019. NOW, THEREFORE, LET IT BE RESOLVED by the Vail Local Housing Authority of Vail, Colorado, as follows: Section 1.The Vail Local Housing Authority adopts the amended budget and increases stst expenditures by $48,170 beginning on the 1day of January 2019 and ending on the 31day of December 2019. Section 2.This resolution shall be effective immediately upon adoption. INTRODUCED, PASSEDANDADOPTED ataregular meeting oftheVail Local th dayofFebruary,2019. Housing Authorityheldthis12 Steve Lindstrom Chair,Vail Local Housing Authority ATTEST: Tammy Nagel Vail Town Clerk Vail Local Housing Authority Resolution No. 3, Series of 2019 RESOLUTIONNO.4 Seriesof2019 ARESOLUTIONAUTHORIZING THE CHAIR OF THE VAIL LOCAL HOUSING AUTHORITY TO SIGN A SCOPE OF PROFESSIONAL SERVICES AGREEMENT BETWEENTHE VAILLOCAL HOUSING AUTHORITY ANDSUMMIT INFORMATION SERVICES AND MAGELLAN STRATEGIES. WHEREAS,theVailLocal Housing Authority (the"Authority"),isdulyorganizedandexisting underthelawsoftheStateofColorado; WHEREAS,themembers oftheAuthorityhavebeenduly appointedandqualified; WHEREAS,the Authority has adopted a Vail Housing 2027 Strategic Plan (the “Strategic Plan”) to ensure Vail is the premier international mountain resort community; WHEREAS, the Strategic Plan identifies areas of action for implementation; WHEREAS, the Vail Town Council has identified the creation of a dedicated long term funding source for housing programs and initiatives as a high priority action, WHEREAS, the Authority has selected Summit Information Services and Magellan Strategies to provide a scope of services to facilitate the creation ofa dedicated long term funding source; and WHEREAS,theAuthority wishes to authorize the Chair of the Authorityto execute a scope of professional services agreement with Summit Information Services and Magellan Strategiesfor work associated with creating a dedicated long term funding source for housing programs and initiatives.. NOW THEREFORE,BEIT RESOLVED BYTHEVAIL LOCAL HOUSING AUTHORITY THAT: Section1. TheAuthorityherebyauthorizes theChair of the Authorityto enterinto a scope of professional services agreementwithSummit Information Services and Magellan Strategies onbehalfof theAuthorityinsubstantiallythesameformasattached heretoasExhibitAandinaformapprovedby theTownAttorney. Section2. ThisResolutionshalltakeeffectimmediatelyuponitspassage. INTRODUCED, PASSEDANDADOPTED ataregular meeting oftheVail Local Housing th Authorityheldthis12dayofFebruary,2019. Steve Lindstrom Chair, Vail Local Housing Authority ATTEST: Tammy Nagel Vail Town Clerk Resolution No. 4, Series of 2019 EXHIBIT A Resolution No. 4, Series of 2019 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement") is made and entered into this 12th day of February, 2019(the "Effective Date"), by and between the VailLocal Housing Authority,75 South Frontage Road, Vail, CO 81657, a Colorado municipal corporation (the "Authority"), andSummit Information Services and Magellan Strategies, independent contractorswith principal placesof business at110 nd 2Avenue, Suite 201,Frisco,CO., 80443 and 1685 Boxelder, Suite 300, Louisville, CO, 80027,respectively, ("Contractor")(each a "Party" and collectively the "Parties"). WHEREAS, the Townrequires professional services; and WHEREAS, Contractorhas helditself out to the Authorityashaving the requisite expertise and experience to perform the requiredprofessionalservices. NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged,the Parties agree as follows: I.SCOPE OF SERVICES A.Contractorshall furnish all labor and materials required for the complete and prompt execution and performance of all duties, obligations, and responsibilities which are described or reasonably implied fromtheScope of Servicesset forth in Exhibit A, attached hereto and incorporated herein by this reference. B.A change in the Scope ofServices shall notbe effective unless authorized as an amendment to this Agreement. If Contractorproceeds without such written authorization, Contractorshall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent, employee, or representative of the Authorityis authorized to modify any term of this Agreement, either directly or implied by a course of action. II.TERM AND TERMINATION A.This Agreement shall commence on the Effective Date, and shall continue until Contractor completes the Scope of Services to the satisfaction of the Authority, or until terminated as provided herein. B.Either Party may terminate this Agreement upon 30daysadvance written notice. The Authorityshall pay Contractor for all work previously authorized and completed prior to the date of termination. If, however, Contractor has substantially or materially breached this Agreement, the Authorityshall have any remedy or right of set- off available at law and equity. 1 2/8/2019 S:\\HOUSING\\BOARDS\\VAIL LOCAL HOUSING AUTHORITY\\RESOLUTIONS\\2019\\SUMMIT INFORMATION SERVICES AND MAGELLAN STRATEGIES PROFESSIONAL SERVICE.._.DOCX III.COMPENSATION In consideration for the completion of the Scope of Services by Contractor, the Authorityshall pay Contractor $38,375. This amount shall include all fees, costs and expenses incurred by Contractor, and no additional amounts shall be paid by the Authorityfor such fees, costs and expenses. Contractor shall not be paid until the Scope of Services is completedto the satisfaction of the Authority. IV.PROFESSIONAL RESPONSIBILITY A.Contractorhereby warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and professional licenses in good standing, required by law.The work performed by Contractorshall be in accordance with generally accepted professional practices and the level of competency presently maintained by other practicing professional firms in the same or similar type of work in the applicable community. The work and services to be performed by Contractorhereunder shall be done in compliance with applicable laws, ordinances, rules and regulations. B.TheAuthority's review, approval or acceptance of, orpayment for any services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. C.Because the Authorityhas hired Contractorfor its professional expertise, Contractoragrees not to employ subcontractors to perform any work under the Scope of Services. V.OWNERSHIP Anymaterials, items, and work specified in the Scope of Services, andany and all related documentation and materials provided or developed by Contractorshall be exclusively owned by the Authority.Contractorexpressly acknowledges and agrees that all work performed under the Scope of Services constitutes a "work made for hire." To the extent, if at all, thatit doesnot constitute a "work made for hire,"Contractor hereby transfers, sells, and assigns to theTownall of its right, title, and interest in such work. The Authoritymay, with respect to all or any portion of such work, use, publish, display, reproduce, distribute, destroy, alter, retouch, modify, adapt, translate, or change such work without providing notice to or receiving consent from Contractor. VI.INDEPENDENT CONTRACTOR Contractoris an independent contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Contractorto perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Contractor for all purposes. Contractorshall make no representation that it is an Authority employee for any purposes. 2 2/8/2019 S:\\HOUSING\\BOARDS\\VAIL LOCAL HOUSING AUTHORITY\\RESOLUTIONS\\2019\\SUMMIT INFORMATION SERVICES AND MAGELLAN STRATEGIES PROFESSIONAL SERVICE.._.DOCX VII.INSURANCE A.Contractoragrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by Contractorpursuant to this Agreement. At a minimum, Contractorshall procure and maintain, and shall cause any subcontractor to procure and maintain, the insurance coverages listed below,with forms andinsurers acceptable to the Authority. 1.Worker's Compensation insurance as required by law. 2.Commercial General Liability insurance with minimum combined single limits of $1,000,000 each occurrence and $1,000,000 general aggregate. The policy shall be applicable to all premises and operations, and shall include coveragefor bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, products, and completed operations. The policy shall contain a severability of interests provision, and shall include the Authority and the Authority's officers, employees, and contractors as additional insureds. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations. 3.Professional liability insurance with minimum limits of $1,000,000 each claim and $1,000,000 general aggregate. B.Such insurance shall be in addition to any other insurance requirements imposed by law. The coverages afforded under the policies shall not be canceled, terminated or materially changed without at least 30 days prior written notice to the Authority. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Any insurance carried by the Authority, its officers, its employees or its contractors shall be excess and not contributory insurance to that provided by Contractor.Contractor shall be solely responsible for any deductible losses under any policy. C.Contractorshall provide to the Authoritya certificate of insurance as evidence that the required policies are in full force and effect. The certificate shall identify this Agreement. VIII.INDEMNIFICATION Contractoragrees to indemnify and hold harmless the Authorityand its officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, 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 connectedwith this Agreement if such injury, loss, or damage is caused in whole or in 3 2/8/2019 S:\\HOUSING\\BOARDS\\VAIL LOCAL HOUSING AUTHORITY\\RESOLUTIONS\\2019\\SUMMIT INFORMATION SERVICES AND MAGELLAN STRATEGIES PROFESSIONAL SERVICE.._.DOCX part by, the act, omission, error, professional error, mistake, negligence, or other fault of Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor, or which arise out of a worker's compensation claim of any employee of Contractoror of any employee of any subcontractor of Contractor. Contractor's liability under this indemnification provision shall be to the fullest extent of, but shall not exceed, that amount represented by the degree or percentage of negligence or fault attributable to Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor or of any subcontractor of Contractor. If Contractor is providing architectural, engineering, surveying or other design services under this Agreement, the extent of Contractor's obligation to indemnify and hold harmless the Authoritymay be determined only after Contractor's liability or fault has been determined by adjudication, alternative dispute resolution or otherwise resolved by mutual agreement between the Parties, as provided by C.R.S. § 13-50.5-102(8)(c). IX.ILLEGAL ALIENS A.Certification. By entering into this Agreement, Contractorhereby certifies that, at the time of this certification, it does not knowingly employ or contract with an illegal alien who will perform work under thisAgreement and that Contractorwill participate in either the E-Verify Program administered by the United States Department of Homeland Security and Social Security Administration or the Department Program administered by the Colorado Department of Labor and Employment to confirm the employment eligibility of all employees who are newly hired toperform work under this Agreement. B.Prohibited Acts.Contractorshall notknowingly employ or contract with an illegal alien to perform work under this Agreement,orenter into a contract with a subcontractor that fails to certify to Contractorthat the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. C.Verification. 1.If Contractorhas employees, Contractorhas confirmed the employment eligibility of all employees who are newlyhired to perform work under this Agreement through participation in either the E-Verify Program or the Department Program. 2.Contractorshall not use the E-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreementis being performed. 3.If Contractorobtains actual knowledge that a subcontractor performing work under this Agreementknowingly employs or contracts with an illegal alien who is performing work under thisAgreement, Contractorshall:notify the subcontractor and the Townwithin 3 days that Contractorhas actual knowledge that the subcontractor is employing or contracting with an illegal alien who is performing work under thisAgreement; andterminate the subcontract with the 4 2/8/2019 S:\\HOUSING\\BOARDS\\VAIL LOCAL HOUSING AUTHORITY\\RESOLUTIONS\\2019\\SUMMIT INFORMATION SERVICES AND MAGELLAN STRATEGIES PROFESSIONAL SERVICE.._.DOCX subcontractor if within 3 days of receiving the notice required pursuant to subsection 1 hereof, the subcontractor does not stop employing or contracting with the illegal alien who is performing work under thisAgreement; except that Contractorshall not terminate the subcontract if during such 3 days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien who is performing work under thisAgreement. D.Duty to Comply with Investigations.Contractorshall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation conducted pursuant to C.R.S. § 8-17.5-102(5)(a) to ensure that Contractoris complying with the terms of this Agreement. E.Affidavits.If Contractordoes not have employees, Contractorshall sign the "No Employee Affidavit"attached hereto.If Contractorwishes to verify the lawful presence of newly hired employees who perform work under the Agreement via the Department Program, Contractorshall sign the "Department Program Affidavit"attached hereto. X.MISCELLANEOUS A.Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in EagleCounty, Colorado. B.No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Townshall not constitute a waiver of any of the other terms or obligation of this Agreement. C.Integration. This Agreement constitutesthe entire agreement between the Parties, superseding all prior oral or written communications. D.Third Parties. There are no intended third-party beneficiaries to this Agreement. E.Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre-paid, first class United States Mail to the party at the address set forth on the first page of this Agreement. F.Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. G.Modification. This Agreement may only be modified upon written agreement of the Parties. 5 2/8/2019 S:\\HOUSING\\BOARDS\\VAIL LOCAL HOUSING AUTHORITY\\RESOLUTIONS\\2019\\SUMMIT INFORMATION SERVICES AND MAGELLAN STRATEGIES PROFESSIONAL SERVICE.._.DOCX H.Assignment. Neither this Agreement nor any of the rights or obligations of the Parties hereto, shall be assigned by either Party without the written consent of the other. I.Governmental Immunity. The Authorityand its officers,attorneysand employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunitiesorprotections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq.,as amended, or otherwise available to the Authorityand its officers, attorneysor employees. J.Rights and Remedies. The rights and remedies of the Authorityunder this Agreement are in addition to any other rights and remedies provided by law. The expiration of this Agreement shall in no way limit the Authority's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed. K.Subject to Annual Appropriation. Consistent with Article X,§20 of the Colorado Constitution, any financial obligation of the Authoritynot performed during the current fiscal year issubject to annual appropriation,shall extend only to monies currently appropriated,and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. IN WITNESS WHEREOF, the Partieshave executed this Agreement as of the Effective Date. Vail Local Housing Authority ________________________________ Steve Lindstrom, Chair ATTEST: __________________________________ Tammy Nagel, Town Clerk CONTRACTOR By:________________________________ By:________________________________ STATE OF COLORADO) ) ss. COUNTY OF ) 6 2/8/2019 S:\\HOUSING\\BOARDS\\VAIL LOCAL HOUSING AUTHORITY\\RESOLUTIONS\\2019\\SUMMIT INFORMATION SERVICES AND MAGELLAN STRATEGIES PROFESSIONAL SERVICE.._.DOCX The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of ________________, 2019, by ____________________________as _________________ of ________________________. My commission expires: (S E A L)________________________________ Notary Public 7 2/8/2019 S:\\HOUSING\\BOARDS\\VAIL LOCAL HOUSING AUTHORITY\\RESOLUTIONS\\2019\\SUMMIT INFORMATION SERVICES AND MAGELLAN STRATEGIES PROFESSIONAL SERVICE.._.DOCX EXHIBIT A SCOPE OF SERVICES Contractor's Duties During the term of this Agreement, Contractor shall perform the followingduties, as directed by the Authority: Contractor shallprovide public relations consultation and identify, develop and implement strategic communication plans for a proposed 2019 ballot initiative intended to yield a predictable, consistent, reliable additional source of funding for resident occupied, deed-restricted housing in Vail, CO. Contractor shall provide actionable voter survey research, superior voter data modeling, and ballot initiative strategy and consulting services intended to yield a predictable, consistent, reliable additional source of funding for resident occupied, deed-restricted housingin Vail, CO. Contractor's Deliverables In performance of the duties described above, Contractor shall deliverthe following items to the Authority, during the timeframes established by the Authority: Contractor will collaborate in a multi-faceted effort on behalf of the Vail Local Housing Authority to accomplish the following services: From April-August: Evaluate and verify current taxpayer sentiment, using community outreach and telephone surveys regarding funding. Will generate key messaging and identify stakeholders and issues that could compete for taxpayer dollars as well as generate strategy. A community outreach and communications plan will enhance VLHA’s story and the compelling public need for a predictable, consistent and reliable source of funding for resident occupied deed-restricted homes withinthe community using media placement of articles on topic. If authorizedby the Vail Town Council, form Issues Committee through Colorado Secretary of State's office following Fair Campaign PracticesAct requirements. Those include filing the necessary funding and organizational reports. Mid-August to October We anticipate at this point the issue committee would have built enough of a volunteer base to proceed and accomplish goals with media placement of articles, letters, direct mail and solicitation of support from key stakeholders as well as communications about the shackles that TABOR/Gallagher inflicts on effective government. 8 2/8/2019 S:\\HOUSING\\BOARDS\\VAIL LOCAL HOUSING AUTHORITY\\RESOLUTIONS\\2019\\SUMMIT INFORMATION SERVICES AND MAGELLAN STRATEGIES PROFESSIONAL SERVICE.._.DOCX Term and Compensation The scope of services shall run from March 1, 2019 through August 15, 2019. Monthly Fee $4,250 per month for communication and outreach work. Survey Expenses For $12,000 we shall complete as many interviews as possible given the small population of the Town of Vail. We would expect to complete a minimum of 250 interviews. The survey would include likely voters within the Town of Vail, and would include both landlines and cell phones. If the Town maintains aresident e-mail list, we shall also conduct online surveys by sending residents a link to the survey using the online tool SurveyMonkey. The cost for this online survey would be $3,000. The total compensation will be $35,375 ($4,250 per month plus $12,000 survey expenses) without the online survey, or $38,375 with the online survey. Issues Committee will raise additional funding from key stakeholders for its expenses, estimated at $5,500-$6,500. Source: Summit Information Services and Magellan Strategies 9 2/8/2019 S:\\HOUSING\\BOARDS\\VAIL LOCAL HOUSING AUTHORITY\\RESOLUTIONS\\2019\\SUMMIT INFORMATION SERVICES AND MAGELLAN STRATEGIES PROFESSIONAL SERVICE.._.DOCX NO EMPLOYEE AFFIDAVIT \[To be completed only if Contractorhas noemployees\] 1.Check and complete one: I, _______________________________, am a sole proprietor doing business as __________________________. I do not currently employ any individuals. Should I employ any employees during the term of my Agreement with the VailLocal Housing Authority (the "Authority"), I certify that I will comply with the lawful presence verification requirements outlined in that Agreement. OR I, ______________________________, am the sole owner/member/shareholder of ___________________________, a ______________________________ \[specify type of entity –i.e., corporation, limited liability company\], that does not currently employ any individuals. Should I employ any individuals during the term of my Agreement with the Authority, I certify that I will comply with the lawful presence verification requirements outlined in that Agreement. 2.Check one. I am a United States citizen or legal permanent resident. The Townmust verify this statement by reviewing one of the following items: A valid Colorado driver's license or a Colorado identification card; A United States military card or a military dependent's identification card; A United States Coast Guard Merchant Mariner card; A Native American tribal document; In the case of a resident of another state, the driver’s license or state- issued identification card from the state of residence, if that state requires the applicant to prove lawful presence prior to the issuance of the identification card; or Any other documents or combination of documents listed in theTown’s “Acceptable Documents for Lawful Presence Verification” chart that prove both Contractor’s citizenship/lawful presence andidentity. OR I am otherwise lawfully present inthe United States pursuant to federal law. Contractormust verify this statement through the federal Systematic Alien Verification of Entitlement ("SAVE”) program, and provide such verification to the Authority. ______________________________________________________________ SignatureDate 10 2/8/2019 S:\\HOUSING\\BOARDS\\VAIL LOCAL HOUSING AUTHORITY\\RESOLUTIONS\\2019\\SUMMIT INFORMATION SERVICES AND MAGELLAN STRATEGIES PROFESSIONAL SERVICE.._.DOCX DEPARTMENT PROGRAM AFFIDAVIT \[To be completed only if Contractorparticipates in the Department of Labor Lawful Presence Verification Program\] I, ________________________, as a public contractorunder contract with the VailLocal Housing Authority (the "Authority"), hereby affirm that: 1.I have examined or will examine the legal work status of all employees who are newly hired for employment to perform work under thispublic contract for services("Agreement") with the Authoritywithin 20 days after such hiring date; 2.I have retained or will retain file copies of all documents required by 8 U.S.C. § 1324a, which verify the employment eligibility and identity of newly hired employees who perform work under this Agreement; and 3.I have not and will not alter or falsify the identification documents for my newly hired employees who perform work under this Agreement. ____________________________________________________________ SignatureDate STATE OF COLORADO) ) ss. COUNTY OF ) The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of __________, 2019, by _______________________ as _________________ of ________________________. My commission expires: (S E A L)________________________________ Notary Public 11 2/8/2019 S:\\HOUSING\\BOARDS\\VAIL LOCAL HOUSING AUTHORITY\\RESOLUTIONS\\2019\\SUMMIT INFORMATION SERVICES AND MAGELLAN STRATEGIES PROFESSIONAL SERVICE.._.DOCX VAIL LOCAL HOUSING ATHORITY RESOLUTION NO. 5 Series of 2019 A RESOLUTIONMAKING FINDINGSREGARDING A DEVELOPMENT PROJECT FOR THE EAST VAIL DEVELOPMENT PARCEL;AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Triumph Development West, LLC(the “Developer”) is the prospective owner of certain real propertywith a physical address of 3700North Frontage Road East, Vail, CO 81658 (the “Property”); WHEREAS, the Developer plans to develop the Property for as many as 145 resident-occupied, deed-restricted homes for Vail residentsemployed a minimum of 30 hours per week at a business licensed in the Town of Vail, (the "Development"); WHEREAS, the Developerhas formed Triumph East Vail, LLC, a Delawarelimited liability company (the "Company") for purposes of developing, constructing, owning and operatingthe Development; WHEREAS, to facilitate the construction and operation ofthe Development, Developer seeks to obtain a real estate property tax exemption for the Property; WHEREAS, to obtain a property taxexemption from the Eagle County Assessor the Vail Local Housing Authority (the “VLHA”) must find that the Project substantially benefits persons of low income as determined by the VLHA; WHEREAS, to obtain a property tax exemption from the Eagle County Assessor, the VLHA will also accept a 0.10 % ownership interest in the Company; and WHEREAS, for the VLHA to accept a nominal ownership interest in the Company the VLHA must approve the Operating Agreement for the Company (the “Agreement”) NOW THEREFORE, BEIT RESOLVED BY THE VAIL LOCAL HOUSING AUTHORITY THAT: Section 1.The VLHA finds and determines, based on the evidence presented at the February 12, 2019meeting of the VLHA commissioners, that the Development contemplated for the Property substantiallybenefits personsof low income; especially given that Eagle River Valley employees have a weekly wage $220, or $11,400 annually, lower than employees in Colorado overall. Section 2.The VLHA finds that is in the best interest of the public health, safety and welfare to accept an ownership interest in the Company for that portion of the Development which is deed-restricted for resident-occupancy. Section 3.This resolution shall take effect immediately upon its passage. VLHA Resolution No.5, Series of 2019 th INTRODUCED, PASSED AND ADOPTED this12dayof February, 2019. _________________________ Steve Lindstrom,Chair Vail Local Housing Authority ATTEST: _____________________________ Lynne Campbell Secretary VLHA Resolution No.5, Series of 2019