Document Monument_doc_4c390d518d

TOWN OF MONUMENT 645 Beacon Lite Road Monument, CO 80132 PLANNING DEPARTMENT [PHONE REDACTED] www.townofmonument.org/planning 1 REQUEST FOR PROPOSALS DEVELOPMENT IMPACT FEE NEXUS STUDY (Posted October 23, 2024) INTRODUCTION The Town of Monument is located along I-25 just twenty miles north of Colorado’s second-largest city, Colorado Springs, and is an easy drive to Denver, just fifty-three miles to the north. The Town is a rapidly growing community, with excellent schools, beautiful surroundings, and easy access to outdoor recreation, all with that small-town feel that provides the quality of life that makes Monument so desirable. The Town is a home rule incorporated community, serving a population of 11,000 residents in north El Paso County. The Town operates under a council-manager format of government consisting of a Mayor, Mayor Pro-Tem, five councilmembers and a Town Manager. OBJECTIVE The Town of Monument is seeking proposals from qualified consultant firms to update the Town’s development impact fee (DIF) structure. The Town assesses a limited variety of development impact fees to new developments to mitigate town-wide public improvements, public services and community amenities. The Town’s impact fee program must comply with Colorado Revised Statutes §29-20-104.5, pursuant to §29-20-104 SCOPE OF SERVICES This Request for Proposals (RFP) is a procurement process by which to competitively acquire services to complete the Town’s Development Impact Fee Nexus study. Firms considering responding to this RFP are expected to prepare and perform the work necessary to execute the services described within three to four months from the selection and signing of the professional services agreement. The scope of services consists of furnishing all labor, materials, equipment, tools, supervision, and travel necessary to complete the tasks outlined. 1. Document Review At the request of the consultant, the Town will provide the available supporting documentation. 2. Finding and Fees Provide a completed Nexus study and the necessary findings to help the Town update the Development Impact Fee Program based on proposed infrastructure requirements to support the Town’s General Plan growth projections. The Firm will work with Town Staff to determine the infrastructure and or services that should rightfully be included in the fee program to ensure the costs of such supporting infrastructure are paid for by related development. ---PAGE BREAK--- RFP – DEVELOPMENT IMPACT FEE NEXUS STUDY page 2 Town of Monument, Colorado October 23, 2024 2 3. Meetings The Firm shall include the following meetings and identify any meetings necessary to achieve results beyond the meetings listed below. It should be noted the Town prefers on site, in person meetings. On occasion, the Town will accept virtual meetings, however, virtual meetings may not be the primary form of communication with the Town staff and Council presentation. Meetings should include but not be limited to the following: a. Kick-off meeting with Town staff to review study objectives, agree to methodology, conFirm project schedule, milestones and discuss data needs. b. Data collection meetings with Town staff to obtain relevant information or clarify information required to complete the Nexus Study. c. Review findings meeting with Town staff. d. Town Council study sessions and Town Council meetings to present draft Nexus Study and recommended fee updates. Discussion for methodology and findings provide via a formal presentation, answer questions, and collect input to prepare the final draft. e. If needed, additional Town Council meetings. 4. Best Practices Recommend best practices to help ensure effective and accurate assumptions for the Nexus Study, accurate DIF collections, and efficient tracking and reporting on DIF activities. Best practices should include but not be limited to: a. Evaluate the Town’s current system of fee accounting and administration. b. Evaluate the Town’s current reporting practices and recommend best practices for annual reports to the Town Council. f. Recommendations for future fee considerations and methodology for subsequent years outside of the Nexus Fee Study including consideration of benchmark analysis for Consumer Price Indexes, the Colorado Construction Cost Index, or other considerations consistent and allowable with State law. 5. Report Deliverables Prepare a DIF Nexus Study and recommend DIF fee updates for submittal to the Town Council containing background information, methodology, findings, and recommendations. More specifically the selected firm shall fulfill the following minimum requirements: Administrative Draft. The Firm will prepare and provide a comprehensive administrative draft, including but not limited to technical reports for each fee category, methodology, findings, supporting justification, recommended Development Impact Fees, recommendation for the elimination/consolidation of existing fees based on the creation of new fees, methodology for calculating and applying fee credits in each category, and calculations that provide the legal nexus between the fee recommendations and new development as required by law. This draft will include and provide: ---PAGE BREAK--- RFP – DEVELOPMENT IMPACT FEE NEXUS STUDY page 3 Town of Monument, Colorado October 23, 2024 3 a. Documentation for work assumptions, analysis procedures, findings, graphics, impacts, and recommendations, with technical documentation in appendices. The administrative draft will include an executive summary and conclusion. b. Generally, the administrative draft will consist of a discussion of the framework, project description, applicable statutory/legal framework, methodologies used, analysis, a list of project description, list of projects to fund and their prioritization by type and fee and fee credit methodology recommendations. c. The administrative draft will include strategies and options for Town Council consideration. Development Impact fee revenue may not be insufficient to address infrastructure needs, as envisioned. The Firm should anticipate working with Town staff to refine the project lists and cost estimates and prioritize improvement items to balance revenue generation and economic feasibility considerations. The Firm is to include strategies and options for the Town Council to keep fee levels reasonable and analyze how these options would impact the Town’s current Capital improvement Program. d. Revise the administrative draft according to consolidated comments on the draft report from Town staff. Public Review Draft. The Firm will develop and present a Public Review Draft at the Town Council meetings, study sessions, and meetings as described in Section 3(d) of the RFP. The purpose of these meetings is to solicit community and stakeholder input. The Firm shall develop summary information, such as visual presentations and printable handouts, for these meetings that summarize the findings and analysis from the Public Review Draft. Final Draft. After incorporating input from the administrative and public review drafts, the Prosper shall prepare a final report draft. The Firm will present the final study to the Town Council during a public hearing and make any revisions requested by the Town Council. The Firm will assist Town staff and participate in the presentation to Council if any additional follow-up meetings are needed to complete the adoption of the DIF. 6. Public Notice. The Firm shall prepare all required public notices and draft resolutions and ordinances required for Town Council public hearings related to adopting the new fees. 7. Additional Tasks. If the Firm determines additional deliverables are warranted, the deliverables must be identified in the proposal. RESPONSE SUBMITTAL Interested Firms shall submit one electronic copy of the proposal to [EMAIL REDACTED] by 12:00 p.m. on Friday, November 22, 2024, for the proposal to be considered. Any requests for clarification or other questions concerning this RFP must be submitted via email to [EMAIL REDACTED] no later than Tuesday, November 5, 2024. Responses to questions will be posted at www.townofmonument.org/planning on Friday, November 8, 2024. ---PAGE BREAK--- RFP – DEVELOPMENT IMPACT FEE NEXUS STUDY page 4 Town of Monument, Colorado October 23, 2024 4 GENERAL REQUIREMENTS The Town of Monument reserves the right to reject any or all responses, to waive any informality in any responses, and to select the vendor that best meets the Town’s needs. There is no expressed or implied obligation for the Town to reimburse the responding firms for any expenses incurred in preparing proposals in response to this request. Materials submitted by respondents are subject to public inspection under the Colorado Open Records Act (CORA) CRS § 24-72-201 et seq.) unless exempt. Any language purporting to render the entire proposal confidential or proprietary will be ineffective and will be disregarded. All property rights, including publication rights of all reports produced by respondents in connection with services performed under the agreement will be vested in the Town. In addition, respondents will not publish or release any of the results of its examination without the express written permission of the Town. Responses must be submitted no later than the date and time stated on this RFP. Responses shall be reviewed and rated as set forth in the Selection Process section of this RFP. The Town will then determine which firm best meets the Town’s requirements. During the evaluation process, the Town reserves the right (where it may serve the Town’s best interest) to request additional information or clarification from respondents. At the discretion of the Town, firms submitting proposals may be requested to make oral presentations as part of the evaluation process. The Town reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether the proposal was selected. Submission of a proposal indicated acceptance by the Firm of the conditions contained in the Request for Proposals, unless clearly and specifically noted in the proposal as submitted and confirmed in the contract between the Town and the Firm selected. The Town reserves the right to negotiate final pricing with the most qualified firm. The Town may invite selected firms to meet with the evaluation team on or around the week of Monday, December 9, 2024, at no additional cost to the Town. The Town’s standard Professional Services Agreement is included as Attachment A. Upon award of the agreement, it is expected the successful Firm accept the Agreement terms and conditions “as is” without modification. Any contract modifications are to be stated upfront, at the time of the submission. Any costs incurred in the preparation of the response, presentation to the Town, travel in conjunction with such presentations, or samples of items shall be the responsibility of the respondent. The Town assumes no responsibility and no liability for costs incurred by respondents prior to the issuance of contract. PROPOSAL REQUIREMENTS The Town requests responses be organized in the manner shown below. The responses shall also be concise, excluding excessive or irrelevant material, and should contain the following: ---PAGE BREAK--- RFP – DEVELOPMENT IMPACT FEE NEXUS STUDY page 5 Town of Monument, Colorado October 23, 2024 5 1. Experience and Technical Competence. The proposal shall provide a description of how the Proposer’s experience, technical and professional skills will meet the goals and fulfill the requirements identified in this RFP. The proposal shall provide the number of years the Firm has conducted the services in the RFP and at least three references including the name and telephone number of each reference. 2. Proposed Method and Timing to Accomplish Services Requested in RFP. The proposal shall describe the management approach in partnership with the Town and the timeline associated with the services from inception to completion of project. The proposer shall consider the scope of the goals of the Town and general functions required. In reviewing the scope of services, the proposer may identify additional necessary tasks and is invited to bring these to the Town’s attention within the discussion of the proposed method to accomplish the services. 3. Proposal Format. a. Cover Letter - The cover letter shall identify the Proposer has a clear understanding of the scope of services, timing and a list of names of the individuals who will be primary contacts. b. Qualifications - A list of qualifications relating to the scope of services and a list of similar services provided by the proposer. c. Staffing - Provide a list of individuals that will be assigned to the professional service engagement working directly with the Town. d. Scope of Services and Schedule - Provide a detailed work schedule including specific milestones. e. Development Impact Fee Schedule - Provide cost breakdown for all professional services including all incidentals and reimbursables. The development impact fee schedule shall be categorized. f. References - A list of at least three references comprised of cities or other public agencies in which similar services were provided in the last three years. g. Samples - Provide samples of reports provided to other public agencies and municipalities similar to scope and scale of the Town of Monument. SELECTION PROCESS Evaluation of the proposals will be made by the Town. The written proposal will be evaluated by the following criteria: • Experience and knowledge to other similar projects • Staffing • References and samples • Services time schedule • Fee Schedule It is the Town’s intent to select a firm best evidencing demonstrated competence and professional qualifications to perform the described services. The Town will review the proposal based on the criteria. At the option of the Town, staff will conduct interviews to include a brief presentation by each ---PAGE BREAK--- RFP – DEVELOPMENT IMPACT FEE NEXUS STUDY page 6 Town of Monument, Colorado October 23, 2024 6 firm. The proposer will be selected based on information provided in the RFP, interviews and presentations. Upon selection of a firm, the Town will endeavor to negotiate a mutually agreeable professional service agreement with the selected firm. In the event the Town is unable to reach an agreement, the Town will proceed at its sole discretion, to negotiate with the next firm selected by the Town. If contract negotiations are not successful, negotiations will be terminated. The process will be followed until an agreement can be reached with one of the proposing firms; however, the Town reserves the right to reject all proposals, select by proposal review only or interview as needed. Once negotiations have been successfully completed, Town staff will prepare a formal contractual agreement. After the agreement has been reviewed, accepted and executed by the selected proposer, the agreement will be submitted to the Town Council for final approval and execution. The Town may require proposers to participate in additional rounds of refining submittals prior to the ultimate selection. These rounds could encompass revisions to the submittal criteria. The Town reserves the right to contract for services in the manner that most benefits the Town including awarding more than one contract if desired. All costs for preparing the proposals are the sole responsibility of the proposer. The Town reserves the right to reject any or all proposals, to request additional information for clarification, to accept or negotiate modifications to any proposal following the deadline for receipt of the proposal and to waive any irregularity if such serves the best interest of the Town. ---PAGE BREAK--- RFP – DEVELOPMENT IMPACT FEE NEXUS STUDY page 7 Town of Monument, Colorado October 23, 2024 7 ATTACHMENT A DRAFT - STANDARD PROFESSIONAL SERVICES AGREEMENT BETWEEN TOWN OF MONUMENT and NAME OF CONTRACTOR THIS SERVICES AGREEMENT (“Agreement”) is made and entered into the most recent day and year set forth below by and between the TOWN OF MONUMENT, a home-rule municipality organized under the laws of the State of Colorado (“Town”), whose mailing address 645 Beacon Lite Road, Monument, CO 80132, and NAME OF CONTRACTOR, [Form of Entity] (“Contractor”), whose mailing address is [Contractor Mailing Address]. The Town and the Contractor are sometimes referred to herein individually as a “Party” and collectively as the “Parties.” WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the Parties as follows: 1. Scope of Services. The Contractor agrees to provide Type of Service services, as further described in Exhibit A, attached hereto and incorporated herein by this reference (“Scope of Services”). All provisions of Exhibit A, including without limitation any terms and conditions included therein, shall be subject to the provisions of this Agreement. In the event of a conflict or inconsistency between a provision in the body of this Agreement and a provision in Exhibit A or any other exhibit or schedule attached hereto, the provision in the body of this Agreement shall control. 2. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated no later than [Commencement Date] and completed no later than [Completion Date]. Any modifications to such deadlines must be agreed upon in writing by the Parties prior to the applicable deadline. 3. Early Termination by Town. Notwithstanding the time periods contained herein, the Town may terminate this Agreement at any time without cause by providing written notice of termination to the Contractor. Such notice shall be delivered at least three days prior to the termination date contained in said notice unless otherwise agreed in writing by the Parties. In the event of any such early termination by the Town, the Contractor shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Contractor’s obligations under this Agreement. Contractor understands and agrees that such payment shall be the Contractor’s sole right and remedy for such termination. 4. Suspension. Without terminating this Agreement or breaching its obligations hereunder, the Town may, at its convenience, suspend the services of the Contractor by giving the Contractor written notice one day in advance of the suspension date. Upon receipt of such notice, the Contractor shall cease its work in as efficient a manner as possible so as to keep its total charges to the Town for services under this Agreement to the minimum, but in no circumstance later than three business days after receipt of the notice of suspension. No work shall be performed during such suspension except with prior written authorization by the Town Representative (as defined ---PAGE BREAK--- RFP – DEVELOPMENT IMPACT FEE NEXUS STUDY page 8 Town of Monument, Colorado October 23, 2024 8 below). If a suspension is still in effect thirty (30) calendar days after the Contractor’s receipt of the notice of suspension, the Contractor may terminate this Agreement by providing the Town with written notice of termination. Upon the Town’s receipt of such notice of termination from Contractor, this Agreement will be deemed terminated. 5. Compensation. In consideration of the services to be performed pursuant to this Agreement, the Town agrees to pay the Contractor the amounts set forth in Exhibit A. Total compensation shall not exceed Amount spelled out Dollars ($Numeric amount). The Town shall provide no benefits to the Contractor other than the compensation stated above. The Contractor shall bill its charges to the Town periodically, but no more frequently than once a month. 6. Qualifications on Obligations to Pay. No partial payment made by the Town shall be considered final acceptance or approval of that part of the Scope of Services paid for or shall relieve the Contractor of any of its obligations under this Agreement. Notwithstanding any other terms of this Agreement, the Town may withhold any payment (whether a progress payment or final payment) to the Contractor if any one or more of the following conditions exists: a. The Contractor is in default of any of its obligations under this Agreement, including without limitation the obligation to maintain insurance and provide Certificates of Insurance to the Town in accordance with Section 13 (Insurance). b. Any part of such payment is attributable to services that are not performed in accordance with the terms of this Agreement and its associated exhibit(s). The Town will pay for any portion of the services performed in conformance with this Agreement and its associated exhibit(s). c. The Contractor has failed to make payments to any third-party used to perform any portion of the services hereunder, subject to Paragraph 9, for which the Town has made payments to the Contractor. 7. Town Representative. The Town will designate, prior to commencement of work, its project representative (the “Town Representative”) who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the Scope of Services. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the Town Representative. 8. Independent Contractor. The Contractor agrees that the services to be performed by the Contractor are those of an independent contractor and not of an employee of the Town. The Contractor is obligated to pay federal and state income tax on any moneys earned pursuant to this Agreement. Neither the Contractor nor its employees, if any, are entitled to workers’ compensation benefits from the Town for the performance of the services described in this Agreement. 9. Assignment. The Contractor shall neither assign any responsibilities nor delegate any duties arising under this Agreement to a third party without the prior written consent of the Town, which may be granted or denied in Town’s sole discretion. 10. Standard of Care. The Contractor shall perform the services hereunder at or above the standard of care of those in its profession or industry providing similar services in the Town’s local area; provided, however, that in the event the standard of care is higher in the local area where the Contractor’s office primarily responsible for providing the services is located, then the standard of ---PAGE BREAK--- RFP – DEVELOPMENT IMPACT FEE NEXUS STUDY page 9 Town of Monument, Colorado October 23, 2024 9 care applicable to the local area where the Contractor’s office is located shall be applicable to such services. 11. Accuracy of Work. The Contractor represents, covenants, and agrees that its work will be accurate and free from any material errors. The Contractor shall correct any errors or deficiencies in the Contractor’s services of which it becomes aware and without additional compensation unless such corrective action is directly attributable to errors or deficiencies in information furnished by the Town. The Town’s approval of the Contractor’s services shall not diminish or release the Contractor’s duties or obligations hereunder, since the Town is ultimately relying upon the Contractor’s skill and knowledge to perform the Scope of Services. The obligations contained in this Section 11 shall survive for a period of two years following termination or expiration of this Agreement. 12. Duty to Warn. The Contractor agrees to call to the Town’s attention errors in any drawings, plans, sketches, instructions, information, requirements, procedures, and other data supplied to the Contractor by the Town or a third-party that it becomes aware of and believes may be unsuitable, improper, or inaccurate in a material way. However, the Contractor shall not independently verify the validity, completeness, or accuracy of such information unless otherwise expressly engaged to do so by the Town. Nothing shall detract from this obligation unless the Contractor advises the Town in writing that such data may be unsuitable, improper, or inaccurate and the Town nevertheless confirms in writing that it wishes the Contractor to proceed according to such data as originally given. 13. Insurance. a. During the term of this Agreement, the Contractor shall purchase and maintain, at its own cost and expense, the following: i. Workers’ compensation insurance for its employees, if any, as required by Colorado law with limits of at least $500,000 per injury or illness an employee suffers as a result of providing the services hereunder, with a $500,000 aggregate per occurrence. ii. Employer’s liability insurance with limits of at least $500,000 per employee/accident and $1,000,000 aggregate. iii. Commercial general liability insurance covering, without limitation, premises operations, products-completed operations, contractual liability insuring the obligations assumed by the Contractor under this Agreement, personal and advertising injury, and broad form property damage, with limits of at least $2,000,000 per occurrence for bodily injury, death or damage to property; $2,000,000 per occurrence for personal and advertising injury; $2,000,000 products- completed operations; and $2,000,000 general aggregate; and iv. Automobile liability insurance covering all owned, hired and non- owned vehicles used in the performance of the Contractor’s services under this Agreement with a limit of at least $2,000,000 combined per accident for bodily injury and property damage; and b. The insurance required herein may be satisfied through any combination of primary and excess/umbrella liability policies. c. The insurance required herein shall be written by an insurance company or companies that have an A.M. Best Company rating of “A-VII” or better, and (ii) are authorized to issue insurance in the State of Colorado. ---PAGE BREAK--- RFP – DEVELOPMENT IMPACT FEE NEXUS STUDY page 10 Town of Monument, Colorado October 23, 2024 10 d. The Town, the Town Representative, and the Town’s directors, officers, employees, and shall be endorsed as “Additional Insureds” under the commercial general liability insurance policy for both ongoing and completed services for a period of two years ; and (ii) automobile liability policy. e. The Contractor shall provide a waiver of subrogation endorsement, or its equivalent, under the workers’ compensation; (ii) commercial general liability; and (iii) automobile liability insurance policies in favor of the Town, its directors, officers, agents, and employees. f. All liability insurance policies required herein shall provide that the coverage is primary and non-contributory to other insurance available to the Town and its directors, officers, agents, and employees. Any insurance maintained by the Town and its directors, officers, agents, and employees shall be excess of and shall not contribute with the Contractor’s insurance. g. Prior to commencement of performance, the Contractor shall provide certificates of insurance satisfactory to the Town that clearly evidence all insurance coverages required herein, including but not limited to endorsements (individually and collectively, “Certificates of Insurance”). The Contractor agrees that, until the Town is supplied with Certificates of Insurance, no payment under this Agreement will be made by the Town. The Contractor will provide the Town with updated Certificates of Insurance within ten (10) calendar days of the anniversary of the effective date of coverage should that date fall during the term of this Agreement. Failure of the Town to require Certificates of Insurance or to identify a deficiency in coverage shall not relieve the Contractor of its responsibility to provide the specific insurance coverages set forth herein. h. Subject to Section 9 (Assignment), the Contractor shall require each subcontractor and/or third-party performing work for the Contractor related to the Scope of Services to purchase and maintain insurance of the types and with policy limits no less than those required of Contractor under this Section 13. All general liability policies carried by a subcontractor and/or third- party shall be endorsed to include the Additional Insureds identified above. Each subcontractor and/or third-party shall be required to provide Contractor, upon request, with certificates of insurance evidencing such coverage prior to commencement of work by a subcontractor and/or third party. i. The insurance policies afforded hereunder shall not be cancelled or allowed to expire unless at least thirty (30) days’ prior written notice has been delivered to the Town, except in the event of cancellation due to non-payment of a premium, in which case notice shall be given to the Town no later than ten (10) days prior to cancellation of the policy. Upon receipt of any notice of cancellation or non-renewal, the Contractor shall, within five days, procure other policies of insurance as necessary to comply with this Section 13 and provide Certificates of Insurance evidencing the same to the Town. Notwithstanding the provisions contained in Section 18 (Remedies), if the Contractor fails to procure the required insurance or provide the Town with Certificates of Insurance within the timeframe provided, the Town may terminate or suspend this Agreement upon written notice to the Contractor. 14. Intentionally Deleted. 15. Compliance with Laws. The Contractor is obligated to familiarize itself and comply with all laws applicable to the performance of the Scope of Services, including without limitation all state and local licensing and registration requirements. ---PAGE BREAK--- RFP – DEVELOPMENT IMPACT FEE NEXUS STUDY page 11 Town of Monument, Colorado October 23, 2024 11 16. Acceptance Not Waiver. The Town’s approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the Town under this Agreement. 17. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either Party should fail or refuse to perform according to the terms of this Agreement, such Party may be declared in default. 18. Remedies. Except as provided in Section 13(i) (Insurance), in the event a Party declares a default by the other Party, such defaulting Party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the Party declaring default may elect to terminate the Agreement and seek damages; treat the Agreement as continuing and require specific performance; or avail itself of any other remedy at law or equity. If the non-defaulting Party commences legal or equitable actions against the defaulting Party, the defaulting Party shall be liable to the non-defaulting Party for the non-defaulting Party’s reasonable attorney fees and costs incurred because of the default. 19. Indemnification; No Waiver of Liability or Immunity. The Contractor agrees to indemnify, defend, and hold harmless the Town and its officers, directors, employees, agents, engineers/architects and attorneys from any and all damages and liabilities arising from the Contractor’s performance of the Scope of Services. As part of this obligation, the Contractor shall compensate the Town for the time, if any, spent by its legal counsel in connection with such claims or actions. The Contractor’s obligations under this Section 19 shall be to the fullest extent permitted by law and shall survive termination or expiration of this Agreement. Notwithstanding any other provision contained in this Agreement, including but not limited to Exhibit A, the Town does not agree to defend, indemnify, or hold harmless the Contractor or waive or limit the Contractor’s liability (either by type of liability or amount). The Town is relying on and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, defenses, and protections provided by the Colorado Governmental Immunity Act, § 24-10-101, et seq., C.R.S., as from time to time amended, or otherwise available to the Town or its officers or employees. 20. Binding Effect. This writing constitutes the entire agreement between the Parties and shall be binding upon the Parties, their officers, employees, agents and assigns and shall inure to the benefit of the Parties’ respective survivors, heirs, personal representatives, successors and permitted assigns. 21. Amendment. No amendment or modification of this Agreement shall be binding upon the Parties unless the same is in writing and approved by a duly authorized representative of each Party. 22. Law; Venue. The laws of the State of Colorado shall govern the construction, interpretation, execution, and enforcement of this Agreement. Venue for any dispute between the Parties arising out of or relating to this Agreement shall be in the State of Colorado District Court for El Paso County. 23. Severability. In the event any term or condition of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. ---PAGE BREAK--- RFP – DEVELOPMENT IMPACT FEE NEXUS STUDY page 12 Town of Monument, Colorado October 23, 2024 12 24. Annual Appropriation. The Town’s obligations hereunder are subject to the annual appropriation of funds necessary for the performance thereof, which appropriations shall be made in the sole discretion of the Town Council of the Town. 25. Township of Work Product. All documents such as reports, plans, drawings and contract specifications, information, and other materials prepared or furnished by the Contractor (or the Contractor’s independent professional associates, permitted subcontractors, and consultants) and paid for pursuant to this Agreement are instruments of public information and property of the Town. All internal documents which support the public information such as field data, field notes, laboratory test data, calculations, estimates, and other documents prepared by the Contractor as instruments of service shall be provided to the Town. The Town understands such documents are not intended or represented to be suitable for reuse by the Town or others for purposes outside the specific scope and conditions of the Scope of Services. Any reuse without written verification or adaptation by the Contractor for the specific purpose intended will be at the Town’s sole risk and without liability or legal exposure to the Contractor, or to the Contractor’s independent professional associates, permitted subcontractors, or consultants. 26. Taxes. The Town is a governmental entity and is therefore exempt from state and local sales and use tax. The Town will not pay for or reimburse any sales or use tax that may not directly be imposed against the Town. The Contractor shall use the Town’s sales tax exemption for the purchase of any and all products and equipment on behalf of the Town. 27. Time is of the Essence. All times stated in this Agreement are of the essence. 28. Notices. All notices which are required, or which may be given under this Agreement shall be effective when mailed via registered or certified mail, postage prepaid and sent to the address first set forth above. 29. Counterparts, Electronic Signatures and Electronic Records. This Agreement may be executed in multiple counterparts, each of which shall be an original, but all of which, together, shall constitute one and the same instrument. The Parties consent to the use of electronic signatures and agree that the transaction may be conducted electronically pursuant to the Uniform Electronic Transactions Act, § 24-71.3-101, et seq., C.R.S. 30. No Third-Party Beneficiaries. The Parties to this Agreement do not intend to benefit any person not a party to this Agreement. No person or entity, other than the Parties to this Agreement, shall have any right, legal or equitable, to enforce any provision of this Agreement. 31. Section Headings. The section headings in this Agreement have been inserted for convenience of reference only and shall not affect the meaning or interpretation of any part of this Agreement. 32. Not Construed Against Drafter. Each Party acknowledges that it has had an adequate opportunity to review each and every provision contained in this Agreement, including the opportunity to consult with legal counsel. Based on the foregoing, no provision of this Agreement shall be construed against either Party by reason of such Party being deemed to have drafted such provision. [Signature Pages Follow] ---PAGE BREAK--- RFP – DEVELOPMENT IMPACT FEE NEXUS STUDY page 13 Town of Monument, Colorado October 23, 2024 13 TOWN: TOWN OF MONUMENT, a home-rule municipality organized under the laws of the State of Colorado By: Name: Title: Date: CONTRACTOR: NAME OF CONTRACTOR By: Name: Title: Date: ---PAGE BREAK--- RFP – DEVELOPMENT IMPACT FEE NEXUS STUDY page 14 Town of Monument, Colorado October 23, 2024 14 EXHIBIT A SCOPE OF SERVICES AND COMPENSATION (Attach Contractor’s proposal or other documentation if available and intended for incorporation into the Agreement)