HomeMy WebLinkAboutC08-319EXTENSION OF TERM
THIS AGREEMENT ("Extension Agreement"), made and entered into 0~:~~C~,
2008, by and between Eagle County, through its Board of County Commissioners, with
an address at P.O. Box 449, 500 Broadway, Eagle, CO 81b31, for the benefit of the Eagle
County Assessor (hereinafter referred to as "Customer"), and ValueCheck, Inc., a
Colorado corporation with an address at 8822 Ridgeline Suite 100, Highlands Ranch,
CO, 80129 (hereinafter referred to as "Consultant").
WHEREAS, Customer and Consultant have entered into a previous Agreement, attached
to this agreement as Exhibit "A" (hereinafter "previous agreement");
WHEREAS, the previous agreement at Section 2.1 requires a written agreement between
Consultant and Customer to extend the agreement;
WHEREAS, Customer and Consultant are interested in continuing the previous
agreement, and Customer has budgeted and appropriated for the continuation of the
previous agreement.
NOW, THEREFORE, in consideration of the foregoing premises and the following
promises, Customer and Consultant agree as follows:
Customer and Consultant shall continue the previous Agreement as set forth in Exhibit
"A" through September 2009.
Except for the extension of the term set forth in Section 2.1 of the previous agreement, all
clauses contained in previous agreement shall continue to be controlling for the
continuing agreement between Customer and Consultant.
IN WITNESS WHEREOF, the parties hereto have signed this Extension Agreement on
the date written above.
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its BOARD OF COUNTY
ATTEST: COMMISSIONERS
O~ ~G~F CO
,,; GZ
}~
Clerk to th Board of c~coa~'° Peter Runyon, Chairm~nn
County Commissioners
v-
ValueCheck, Inc.
B y:
Name:
Title:
Consulting Agreement
THIS CONSULTING AGREEMENT (this "Agreement"), made and entered into 2008, by and
between Eagle County, and through its Board of County Commissioners, with an ad ess at P.O. Box 449, 500
Broadway, Eagle, CO 81631, for the benefit of the Eagle County Assessor (hereinafter referred to as "Customer"),
and ValueChecly Inc., a Colorado corporation, with an address at 8822 Ridgeline Suite 100, Highlands Ranch, CO,
80129 (hereinafter referred to as "Consultant");
Section 1
SCOPE OF SERVICES
1.1. Services. Consultant agrees to provide, and Customer agrees to accept, the professional consulting
services described in exhibit A hereto.
1.2. Conduct of Services. All work shall be performed in a worlmianlike and professional manner.
1.3. Method of Performing Services. Consultant shall have the right to determine the method, details,
and means of performing the work to be performed for Customer. Customer shall, however, be entitled to exercise
general power of supervision and control over the results of work performed by Consultant to ensure satisfactory
performance, including the right to inspect, the right to stop work, the right to make suggestions or recommendations
as to the details of the work, and the right to propose modifications to the work. Consultant possesses the required
Colorado professional licensure and expertise to perform work described in Exhibit A in compliance with all
applicable valuation procedures required by Colorado statutes and the rules, regulations, and guidelines promulgated
by the Colorado Division of Property Taxation and/or the Colorado Property Tax Administrator. At least one of the
Consultant's appraisers shall hold and maintain a Colorado Certified General Appraiser's license for the term of this
Agreement.
1.4. Scheduling. The services provided by Consultant are expected to require a substantial part of
Consultant's available business time and availability. Consultant will use its best efforts to accommodate work
schedule requests as possible.
1.5. Reporting. The Eagle County Assessor shall serve as Customer's designated agent for purposes of
this Agreement, provided, however, that any amendments to and/or renewals of this Agreement shall require the
prior written approval of the Customer. Customer and Consultant shall develop appropriate administrative
procedures for coordinating with each other. Customer shall periodically provide,Consultant with evaluations of
Consultant's performance.
1.6. Place of Work. Consultant will perform its work for Customer primarily at Consultant's premises
except when such projects or tasks require Consultant to travel off-site.
1.7. Future Services. Notwithstanding anything in this Agreement to the contrary, and regardless of
termination of this Agreement by either party for any reason, Consultant agrees to make its services available, when,
as, and to the extent required by Customer, to complete or provide follow-up support for any work or projects to
which Consultant at any time materially contributed pursuant to this Agreement. Unless otherwise agreed, such
services shall be made available at Consultant's actual labor rates otherwise applicable to services provided to
Customer pursuant to this Agreement or, if less, to Consultant's other most-favored accounts for similaz services,
plus reasonable and actual costs of materials provided or consumed in providing such services. Consultant agrees to
maintain agreements or commitments from key personnel assigned to work on projects for Customer, so such
personnel remain available for completion and follow-on support as reasonably appropriate in the interest of
efficiency and continuity of resources. r cy
Page 1
Section 2
TERM AND TERMINATION
2.1. Term. The term of this Agreement shall be from March 1, 2008 through December 31, 2008. The
parties specifically understand and agree that the customer has lawfully budgeted and appropriated sufficient funds
for the services to be rendered pursuant to the Agreement for the year 2008, in accordance with the Colorado Local
Government Budget Law. This agreement may be renewed for additional terms of one calendar year by the written
agreement of the parties hereto, provided, Customer has appropriated sufficient funds for such renewed agreements
payment obligations to the Consultant.
2.2. Termination. This Agreement may be terminated by either party upon written notice. Additional
termination provisions are contained in exhibit B.
2.3. Remaining Payments. Within sixty (60) days of termination of this Agreement for any reason,
Consultant shall submit to Customer an itemized invoice for any fees or expenses theretofore accrued under this
Agreement.
Section 3
FEES, EXPENSES, AND PAYMENT
3.1. Fees. In consideration of the services to be performed by Consultant, Consultant shall be entitled
to compensation as described in Exhibit B hereto. Compensation is due on a monthly basis, the compensation that
accrues in each period shall be paid to Consultant on the last day of such period unless otherwise deferred. (see
Exhibit B). All other compensation shall be paid to consultant within thirty (30) days after receipt of Consultant's
invoice and satisfaction of product.
3.2. Reimbursement of Expenses. In addition to the foregoing, Customer is not responsible for actual
out-of-pocket expenses incurred by consultant.
Section 4
RESPONSIBILITIES OF CONSULTANT FOR TAXES AND OTHER MATTERS
4.1. Restrictions. As an independent contractor, Consultant shall pay and report all federal and state
income tax withholding, Social Security taxes, and unemployment insurance applicable to Consultant. Consultant
shall not be entitled to participate in health or disability insurance, retirement benefits, or other welfare or pension
benefits (if any) to which employees of Customer may be entitled.
Section 5
RIGHTS IN WORK PRODUCT
5.1. Ownership of Work Product. All Work Products shall be considered work(s) made by
Consultant for hire for Customer and shall belong exclusively to Customer and its designees. If by operation of law,
any of the Work Product, including all related intellectual property rights, is not owned in its entirety by Customer
automatically upon creation thereof, then Consultant agrees to assign, and hereby assigns, to Customer and its
designees the ownership of such Work Product, including all related intellectual property rights. Consultant shall
supply all Work Product in both hard copy and computerized formats, which shall he ODBC compatible, which
Consultant understands to be compatible with and readable by, the Assessor's appraisal computer software. All
work shall be performed, and Work Product delivered, in compliance with the applicable statutory and regulatory
Page 2
timeframes and deadlines, including, but not limited to, the statutory deadlines for issuance of Notices of V aluation
and Notices of Determination.
5.2. Incidents and Further Assurances. Customer may obtain and hold in its own name copyrights,
registration, and other protection that maybe available in the Consultant. Consultant agrees to provide any
assistance remuents and other instruments as Oust mer may~asonabtlyrrequest t g~veeffet to this Section Ever such
further age
5.3. Pre-ezisting Materials. Notwithstanding any provision of this Agreement to the contrary, any
routines, librazies, tools, methodologies, processes or technologies created, adapted, or used by Consultant in its
business generally, including all associated intellectual property rights (collectively, the "Development Tools") shall
be and remain the sole property of Consultant, and Customer shall have no interest in or claim to such Development
Tools except as necessary to exercise its rights in the Work Product. In addition notwithstanding any provision of
this Agreement to the contrary, Consultant shall be free to use any ideas, concepts, or know-how developed or
acquired by Consultant during the performance of this Agreement to the extent obtained and retained by Consultant's
personnel as impressions and general learning. Subject to Customer's intellectual property rights, nothing in this
Agreement shall be construed to preclude Consultant from acquiring, developing, mazketing, or enhancing for itself
or others similaz technology performing the same or similar functions as the technology used or created pursuant to
this Agreement.
5.4. "Work Product" Defined. As used herein, the term "Work Product" shall mean any
programming, documentation, data compilations, reports, property valuation appraisals, and any other media,
materials, or other objects produced as a result of Consultant's work or delivered by Consultant in the course of
performing that work.
Section 6
ASSURANCES
6.1. No Conflict. Consultant represents and warrants that it has no obligations to any third party that
will in any way limit or restrict its ability to perform consulting services to Customer hereunder. Consultant agrees
that it will not disclose to Customer, nor make use in the performance of any work hereunder, any trade secrets, or
other proprietary information of any third party, unless Consultant may do so without Consultant or Customer
incurring any obligation (past or future) to such third party for such work or any future application thereof.
6.2. No Recruiting. During the term of this Agreement and for a period of six (6) months thereafter,
Consultant shall not knowingly solicit, entice, or persuade any employees of Customer to terminate their employment
with Customer for any reason.
Section 7
MISCELLANEOUS
7.1. Force Majeure. Consultant shall not be liable to Customer for any failure or delay caused by
events beyond Consultant's control, including, without limitation, Customer's failure to famish necessary
information as specified in this Agreement; sabotage, failure or delays in transportation or communication; failure or
substitutions of equipment; labor disputes; accidents; shortages of labor, fuel, raw materials, or equipment, or
technical failures.
7.2. Governing Law. This Agreement shall be governed and construed in all respects in accordance
with the laws of the State of Colorado as they apply to a contract entered into and performed in that State. Venue for
the purposes of any litigation arising from this agreement shall only be proper in the Eagle County District Court.
Page 3
7.3. Independent Contractors. The parties are and shall be independent contractors to one another,
and nothing herein shall be deemed to cause this Agreement to create an agency, partnership, or joint venture
between the parties. Nothing in this Agreement shall be interpreted or construed as creating or establishing the
relationship of employer and employee between Customer and either Consultant or any employee or agent of
Consultant.
'1.4. Notices. Al! notices required or permitted hereunder shall be in writing addressed to the
respective parties as set for therein, unless another address shall have been designated, and shall be delivered by
hand or by registered certified mail, postage prepaid.
7.5. Entire Agreement. This Agreement constitutes the entire integrated and merged understanding of
the parties hereto and supersedes all prior terms, conditions, promises, understandings, representations, proposals,
discussions, and communications, whether oral or in writing, unless embodied in this Agreement in writing. This
Agreement may be modified only in writing and shall be enforceable in accordance with its terms when signed by the
party sought to be bound.
7.6. Release of Liability. Except in the case of gross negligence or intentional misconduct on the part
of the Consultant and to the extent permitted under the Colorado Governmental Immunity Act, Customer shall
release and hold harmless the Consultant from any and all claims, liabilities, judgments, decrees, and damages of any
direct or indirect purchaser or licensee of Customer, arising from or in connection with the Customer's use of
application of Consultant's work, provided, however that the release provided herein shall not apply to claims,
liabilities, judgments, and damages proximately caused by the conduct of Consultant. Its employees and
representatives which damages the person or property of others while working in the field.
Page 4
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above
written. '
ATTEST: ~..~i
Teak J. Simontdn,
Cferk to the Board of County
STATE OF
~~ ) ss.
COUNTY OF EAGLE, STATE OF
COLORADO, by and throw ' s oard of
County Commi rs
B~
,~ Peter F. Runyon, Chai n
VALUECHECK, I
` r
By.
J Zimmerman
COUNTY OF O
The fore o' ' strument was acknowledged before me by T ~,, this day of
My commission expires:~v~,~~~. I
Notary Public Q,~ '~' '; ~
v~ ~ ,~ ;~~
:~
v~~~
~.:` ' :~
l
o,~ 3a
Page 5
~I I;XHIt311 A
Instant f~ Accurate
Residential Real Estate Valuations
www.valuecheckcom
PROPOSAL TO CONDUCT SERVICES
EAGLE COUNTY, COLORADO
RESIDENTIAL VALUATION MODELING AND ANALYSIS FOR THE 2009 REAPPRAISAL
Introduction
The Eagle County Assessor's office is responsible for the bi annual reappraisal of approximately 12,500
individual residential condominium units and 14,000 single family residential units. These units are
contained in hundreds of developments of different ages, azchitectural styles and locations and across a
wide variety of areas with differing physical, economic, governmental and social attributes. There is a
wide variety of attributes that can affect the value. The assessor has compiled a data base which captures
many of the attributes that may or may not affect the mazket value of these properties. The assessor also
has an in house CAMA system in place which should be utilized execution of a reappraisal.
Background
We are an experienced valuation service company that focuses on assisting Colorado counties with the
reappraisal of various classes of property. We are currently involved in reappraisal work in seven Colorado
jurisdictions. We have extensive experience in the azea of mass appraisal of residential properties. Much
of our experience has been achieved in the Colorado assessment arena. We have had extensive experience
in the multiple regression analysis (MRA) modeling of residential property in five states and approximately
40 appraisal jurisdictions. The Eagle County Assessor has asked us to submit this proposal to perform
analytical functions for the office during the 2009 Reappraisal project. These analytical tasks have a broad
range and include the following specific functions; data review, quality control recommendations, review
of land valuations, model design, model calibration, assist in the implementation of the models, error
identification and resolution assistance and pre-public protest interaction with assessment staff.
Preliminary Analysis
ValueCheck will conduct a detailed sales ratio study on available sales data from the allowable data
collection period. We will review the data by various stratifications to determine the current valuation
level of various types of properties. We will interview current appraisal staff in order to better understand
the concerns and special needs surrounding the project. This process will involve discussions of the prior
reappraisal and the impressions of the county appraisal staff on the azeas where results were disappointing.
We will analyze the protest records from each complex or subdivision and take the adjusted valuation
levels into consideration in the development of new valuation models. We will develop a sales grid by
complex, neighborhood and economic area to find out where the strengths and weaknesses of the data lay.
We will do field inspections of many complexes and subdivisions before during and after the valuation
models are built so that we can compare the resulting value with an on site impression of validity.
Time Trend Analysis
Importantly, we will perform and document a complete time trend analysis of the qualified sales before
and after the modeling processes. The documentation will be suitable for audit documentation and will use
several recognized methodologies including paired and matched sales, ratio trending and price per unit
trending. The findings will be discussed with the county appraisal staff prior to finalization. We will meet
with the audit staff if necessary.
ValueCheck, Inc.
P.O. Box 260576 • Highlands Ranch, CO 80163-0576 • 720-283-0737
Instant & Accurate
Residential Real Estate Valuations
www.valuecheck.com
Implementatdon plan
Often, effective valuation models can be built only to later discover that the assessor computer system
cannot accurately implement the valuation calculations. We will meet with appropriate county staff to
evaluate the capabilities of the computer system and we will build valuation model strategies that are
compatible with the capabilities of the system. If effective models cannot be built within the constraints of
the system we will request a meeting with the assessor to discuss options for the optimization of good
valuation practice and efficient use of manpower and computer resources. The assessor has indicated that
the land valuation will be done in a timely manner by the in house Eagle County Staff.
Protect Execution
The Preliminary Analysis and the development of an implementation plan will be critical to the execution
of the modeling process. Upon completion of the aforementioned steps, we will request a `final' dataset of
the residential database and will begin to build the optimum valuation model using recognized ad valorem
valuation techniques. We will consider such things as the transformation and creation of variables, non
linear transformations and variable constraints. We advocate simple models when possible and will make
every effort to have effective models that are easy to understand and explain.
'The models will be delivered in a manner compatible with the constraints of the county computer system
and will include a bound document explaining the process and the statistical validity of the models. We
will also strive to produce credible and sustainable models earlier in the valuation cycle than has been
achieved in the past.
Protest
Included in the project documentation will be a section on the protest and defense of the values. The extent
of this will be determined based on the protest strategies used on other property in the county. While we
will not be directly involved in protest we will provide some support to the staff during the preparation for
the protest period as well as the active protest season.
Cost
We are prepared to provide this service for a fee of $38,250 per year for each year of the two year
reappraisal cycle. The fee will be payable in nine monthly payments during 2008 of $4250 per month from
March 2008 through December 2008 and nine additional payments in 2009. The 2009 payments will be
from January 2009 through September 2009. The total amount of the contract will be $76,500.
Calendar
Upon preliminary acceptance of this proposal we will develop a project calendar that will outline specific
dates and deadlines for the project.
Conclusdon
This proposal offers a comprehensive valuation solution for Eagle County Colorado Residential
Condominium and Single Family property. It offers services and considerations not often considered by
other valuation consultants in that we will attempt to integrate your staff into our consideration and
strategies, we will do some field reviews which will be used to strategize and evaluate our effectiveness, we
will fully document our work so that the county has full ownership of the work and the results. We are
pleased that you have given us the opportunity to make this proposal and we look forward to the possibility
of serving the taxpayers of Eagle County. Thank you!
ValueCheck, Inc.
P.O. Box 260576 • Highlands Ranch, CO 80163-0576 • 720-283-0737
EXHIBIT B
FEES
The Consultant's fee will be $4,250.00 U.S, dollars per month for the Bi-annual Real Property Reappraisal
beginning March, 2008 and ending on September 30, 2009. Consultant's monthly fees for services rendered
under this Agreement in 2008, shall be billed monthly to Customer's designated Agent, the Eagle County
Assessor, P.O. Box 449, Eagle, CO 81631. Customer shall make payments to Consultant on a monthly
basis. Such payments to be made within thirty days of Assessor's receipt of Consultant's billings. Subject
to the Customer's annual budgeting and appropriation of funding for this Agreement for the year of 2009, if
renewed for such additional terms, Consultant's fees shall be due and payable on a monthly basis.
Consultant's fee for higher levels of protest including state board of assessment appeals or related court
cases will he $75.00 per hour.
