HomeMy WebLinkAbout2019-02 VLHA Resolution Professional Services Agreement Economic Plannings Systems RESOLUTION NO. 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 Planning Systems ("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 of the Authority to execute a
scope of professional services agreement with EPS for work on the Report.
NOW THEREFORE, BE IT RESOLVED BY THE VAIL LOCAL HOUSING AUTHORITY
THAT:
Section 1. The Authority hereby authorizes the Chair of the Authority to enter into a
scope of professional services agreement with Economic and Planning Systems on behalf of
the Authority in 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
Housing Authority held this 12t day of February, 2019.
Steve Lindstrom
Chair, Vail Local Housing Authority
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Lynne C mpbell •
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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,
an independent contractor with a principal place of business at 730 17th 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
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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
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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.
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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
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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.
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
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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
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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
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❑ 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
EPS's 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 EPS's recently-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
Li 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 Town's investment in resident 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
Town's total economic activity.
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❑ 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)
❑ The portion of the Town's economy 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
housing units built over time, the relative strength of Vail's economy by comparison to
these other markets as a result, as well as the estimated magnitude of fiscal benefit
(and return on investment) resulting from each of those communities' efforts.
Task 5: Deliverables
Task 5.1: Report & Presentation
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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%
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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
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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;
• 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 the Town's
"Acceptable Documents for Lawful Presence Verification" chart that prove
both Contractor's citizenship/lawful presence and 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
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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 thisublic contract act 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
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