TC Council Packet 01-08-2001STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON 1
NOTICE IS HEREBY GIVEN THAT A MEETING OF THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO, WILL BE HELD JANUARY 8, 2001, AT 11:30
AM IN THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON,
COLORADO FOR THE PURPOSE OF DISCUSSING AND CONSIDERING THE
FOLLOWING:
l.) Post Office Roundtable Discussion
AND SUCH OTHER BUSINESS AS MAY COME BEFORE THE COUNCIL
THIS MEETING IS OPEN TO THE PUBLIC
TOWN Off' AVQN, COLORADO
BY:
Kristen Nash
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON
ON JANUARY 5,2001:
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY
AVON BEAVER CREEK TRANSIT BUS STOP AT AVON CENTER
AVON RECREATION CENTER
CITY MARKET IN THE MAIN LOBBY
Town Council Meetings
Roll Call Check Sheet
Date: 1/9/01
Michael Brown ,s
/
'
Debbie Buckley
Peter Buckley
Rick Cuny
t
Mac McDevitt
Buz Reynolds
Judy Yoder
4
Roll calls are called at start of meeting and for Ordinances. Do not call Mayor except for
meeting roll call or to break a tie vote.
Seating arrangements from west to east: Brown, P. Buckley, Cuny, Yoder, McDevitt, D.
Buckley, Reynolds
Staff Present:
Bill Efting
s` Larry Brooks
Burt Levin
/ Kris Nash
Jacquie Halburnt
j Scott Wright
Jeff Layman
Charlie Moore
Norm Wood
Meryl Jacobs
Bob Reed
Harry Taylor
Mike Matzko
Other Staff:
STATE OF COLORADO
COUNTY OF EAGLE ) SS "
TOWN OF AVON ) 5?
NOTICE IS HEREBY GIVEN THAT A WORK SESSION OF THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO, WILL BE HELD JANUARY 9, 2001, AT
4:00 PM IN THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON,
COLORADO FOR THE PURPOSE OF DISCUSSING AND CONSIDERING THE
FOLLOWING:
4:00 PM - 4:15 PM 1.) Financial Matters (Executive Session)
4:15 PM - 4:30 PM 2.) Police Statistics _
4:30 PM - 4:45 PM 3.) Multifamily Housing Revenue Bonds ?l
12"
4:45 PM -5:00 PM 4.) Precision Lawn Chair Demonstration Team
5:00 PM - 5:15 PM 5.) Community Development Update
Consent Agenda Questions
Council Committee Updates
AND SUCH OTHER BUSINESS AS MAY COME BEFORE THE COUNCIL
THIS MEETING IS OPEN TO THE PUBLIC
TOWI9JF AVON, COLORADO
BY:
Vristen Nash
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON
ON JANUARY 5,2001:
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY
AVON BEAVER CREEK TRANSIT BUS STOP AT AVON CENTER
AVON RECREATION CENTER
CITY MARKET IN THE MAIN LOBBY
Memo
December 20, 2000 /
To: Meryl
From: Sarah
RE: Ride the Rockies Concert in the Park
Summary
The Town of Avon has been approached by the Denver Post Ride the Rockies to
host a concert in the Park on the evening of Monday, June 18 for all race
participants. Please see attached document for event summary and
estimated expense. A budget revision will be necessary to accommodate this
event.
Recommendation
I recommend that Council authorize and approve the Ride the Rockies event on
Monday, June 18.
(Y`.v?w?rvs Co??M?.fs
? S f"?^ ? f f? G V b4 1` t r S ?e? S CC vt`?'
?x(ca f •tf, e, Sr'S5- "'7
Town of Avon 9 P.O. Box 975 . Avon, CO 81620 . 970-748-4032
Ride the Rockies
Town of Avon has been approached by the Denver Post Ride the Rockies to be a host city on their 2001 tour.
Staff feels that is feasible and extremely desirable to become part of this event
General
On the evening of June 18th, 2000 riders and participants will be coming to Avon to enjoy a concert in
Nottingham Park. Some will attend the party at Nottingham Park; others will eat out at an Avon restaurant. An
expected 3,000 people in all would be expected to walk the streets of Avon. At this time the participants are
planning on camping at Berry Creek Middle School in Edwards, and will be shuttled in to Avon for the
festivities.
Statistics
• 2000 Riders
• Affluent and upscale - 38% have graduate degree, 84% have college degree, 65% have income over $60,000
and 53% have income over $70,000.
• 2000 People participate in the ride activities
Why do it?
Sales Tax Revenue
• Many people tend to eat out and stay in hotels because they want a comfortable place to sleep.
• Restaurants did very well - need to be warned about the crowds. A lot of the restaurants sold out.
• Steamboat Springs has hosted the ride a few times and said that they love the event and that last year it was
the best day for their restaurants in their history! No traffic impact, which is good. 1500 stayed in hotels.
Publici
• Throughout the tour News 4 will be covering the event, highlighting each day and what is to come. On the
day they arrive in Avon they do four - five live pieces from Avon.
• Two writers from The Denver Post also cover the event and submit daily stories and photos about the day's
journey.
• Free ad in the Denver Post in it's Ride the Rockies issue.
• All host communities will be featured on the event's website.
Tourism
• 3,000 people are introduced or reintroduced to the Town of Avon. Many riders vacation in the towns they
saw on the ride.
• A community booth will be placed at the campsite for riders to pick-up information on the town.
Budget
Avon's -area of responsibility is providing the entertainment and dinner for race participants. -Anticipated-expense
of the event is $8,000.00
TOWN OF AVON
REGULAR COUNCIL MEETING AGENDA
January 9, 2001 - 5:30 PM
1. Call to Order / Roll Call
2. Citizen Input
3. Ordinances
a.) Second Reading of Ordinance No. 00-14, Series of 2000, An Ordinance Amending
Chapter 8.31 of the Avon Municipal Code Relating to Odor Pollution PUBLIC
Cam` HEARING
4.
5.
6.
7.
8.
9.
10.
11.
l?
12.
Resolutions t
Unfinished Business
New Business
Town Manager Report lV z` C J f J --))C-
Town Attorney Report
Mayor Report
Other Business
Y) L) +
Consent Agenda
a.) Approval of the December 12, 2000 Council Meeting Minutes
b.) Resolution No. 01-01, Series of 2001, A Resolution Approving the Final Plat, A
Resubdivision of Lot 22, Block 3, Wildridge, Town of Avon, Eagle County, Colorado
c.) Resolution No. 01-02, Series of 2001, For a Resolution Declaring the Intent of the Town
of Avon, Colorado to Issue Multifamily Housing Revenue Bonds to Provide Financing of
a Multifamily Residential Facility for Low and Middle Income Persons and Families;
Prescribing Certain Terms and Conditions of Such Bonds, and Containing Other
Provisions Relating to the Proposed Issuance of Such Bonds
d.) Resolution No. 01-03, Series of 2001, A Resolution Approving the Final Plat, A
Resubdivision of Lot 62, Block 4, Wildridge, Town of Avon, Eagle County, Colorado
e.) Intergovernmental Agreement for 800 MHz Wide Area Smartzone Trunking Radio
Services
f) Eaglebend Drive Streetscape Improvements Design Services Agreement
g.) Pentamation Software Mitigation Agreement
h.) ASCAP Licensing Agreement
i.) CASTA and Colorado Transit Coalition Agreement
Adjournment 1
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 9th DAY OF JANUARY,
2001, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF
CONSIDERING THE ADOPTION OF ORDINANCE NO. 00-14 , SERIES OF 2000:
An Ordinance Amending Chapter 8.31 of the Avon Municipal Code Relating to Odor Pollution
A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk,
and may be inspected during regular business hours.
Following this hearing, the Council may consider final passage of this Ordinance.
This notice is given and posted by order of the Town Council of the Town of Avon, Colorado
Dated this 13th day of December, 2000.
-TOWN O AVON, COLORADO
BY: Lz?'
Kris Nash
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
DECEMBER 15,2000:
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY
AVON BEAVER CREEK TRANSIT BUS STOP AT AVON CENTER
AVON RECREATION CENTER
CITY MARKET IN THE MAIN LOBBY
ORDINANCE NO. 00 - 14
AN ORDINANCE AMENDING CHAPTER 8.31 OF THE AVON MUNICIPAL
CODE RELATING TO ODOR POLLUTION
BE IT ENACTED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO:
Section 1. Amendment. Section 8.31.030 of the Municipal Code of the Town of
Avon is repealed and reenacted as follows:
"8.31:030 -Odor -violations. It shall be-deemed- an-unlawful public
nuisance for any person to cause or permit the emission of odorous air
contaminants or particulate air contaminants from any source such as to
result in detectable odors and/or particulate emissions within the town
which leave the premises upon which they originated and which
unreasonably interfere with the comfort and convenience of the general
public within the town."
Section 2. Amendment. Section 8.31.035 of the Municipal Code of the Town of
Avon is repealed.
Section 3. Amendment. Section 8.31.040 of the Municipal Code of the Town of
Avon is repealed.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND
ORDERED POSTED, this 12 day of December , 200 0 and a public hearing on
this Ordinance shall be held at the regular meeting of the Town Council of the Town of
Avon, Colorado on the 9 day of January , 2001, at 5:30 p.m., in the
Municipal Building of the Town of Avon, Colorado.
dy Yo er ayor
INTRODUCED, PASSED ON SECOND READING, APPROVED AND
ORDERED POSTED, this day of , 2001.
Judy Yoder, Mayor
ATTEST:
Kris Nash, Town Clerk
APPROVED AS TO FORM:
Burt Levin, Town Attorney
2
f ;
PRASE I REPORT
EVALUA'T'ION OF THE DESIGN AND OPERATION
OF ODOR CONTROE SYSTEMS
AT TIE
AVON AND EDWARDS
WASTEWATER TREATMENT PLANTS
Prepared for:
EAGLE RIVER WATER AND SANITATION DISTRICT
846 Forest Road
Vail, CO 81657
Prepared by:
BOWKER & ASSOCIATES, INC.
CONSULTING ENGINEERS
477 Congress Street, Suite 1004
Portland, NIE 04101
December, 2000
Received Time-Jan. 5.- 5:21P
• Allowable exposure levels for workers can be over 10,000 times the concentration that
can be detected by the human nose.
• Objectionable odors can cause symptoms such as nausea, headaches, itchy eyes, ,etc,
However, these symptoms' disappear when the odor is gone.
• Although residual ozone would be expected to be removed in downstream wet scrubbers,
no data are available on whether or not ozone is present in the exhausts from the chemical
scrubbers.
AVON ODOR CONTROL ORDINANCE
• The Avon ordinance existing as of December 15, 2000 is well constructed and contains
most of the elements considered to be important for a good odor regulation. The one
exception is the lack of any provision for the odor generator to appeal the notice of
' violation.
• The ordinance provides for. the Town to notify the potential odor generator of a possible
violation, but no time frame is specified. The District has maintained that it had not been
notified of odor complaints soon enough for them to take appropriate action or to
adequately assess operating conditions at the time of the complaint More recently, the
Town has improved its communications with the District.
' •, The original ordinance prior to its amendment in July, 2000 had an exception for
conducting maintenance or repair of odor control equipment as long as the Town
received prior notification. This was a reasonable provision in the judgment of Bowker
' & Associates.
• The use of an ambient odor concentration for which an exceedence constitutes a violation
is fairly common in odor regulations and in not unreasonable. However, 5 D/T cannot be
' measured with a Scentometer. Further, there is no specification of the number and
frequency of measurements by the inspector to document the ambient odor concentration.
• The complaint violation criteria of three complaints in a six-hour period . is overly
restrictive when compared to complaint criteria in other ordinances (e.g., 10 validated
complaints in. 9 months).
• The Avon ordinance states that "an odor shall be deemed to interfere with reasonable and
comfortable use and enjoyment of property if it is detectable by a trained observer
(emphasis added) and which meets or exceeds any of the following. Knits..." Based on
review of police reports, the trained observer designated by the Town of Avon did not
' consistently . verify the. odor complaints or document the odor levels using the
Scemtometer that he was trained to use.
• The current Avon ordinance essentially states that any odor release that results in odor
complaints constitutes a violation punishable by a $1,000 fine or 90 days in jail. In the
judgment of Bowker & Associates, this is not reasonable and does not recognize the
realities of operating and maintaining a complex wastewater treatment facility that has
significant public benefit in protecting public health and improving water quality.
A second amendment of the odor ordinance proposed in December, 2000 removes any
definition of an odor nuisance and eliminates the requirement for verification of odor
complaints by the Town of Avon. These are essential elements of an odor control
ordinance that should be maintained.
V
Received Time Jan. 5. 5;21PM
i
Id
1
e
I
• definitions
• identification of jurisdiction
• complaint verification
• standards and limits
• description of notice of violation
• penalties
• remedies , - --
• appeal process
• exclusions
• limitations
Complaint verification is one of the more important elements of a good odor regulation.
Virtually all regulations reviewed by Bowker & Associates, Inc. included this provision.
A good odor regulation attempts to define a nuisance. In general, the regulations provide some
degree of acceptance of odor. That is, the public is, expected to accept some odor, noise, or air
pollution that is deemed non-harmful to the normal population and which does not unreasonably
interfere with their enjoyment of life and property. The occurrence of occasional odor does not
necessarily constitute a nuisance.
7.2 Avon Odor Ordinance
The original Avon ordinance is based on two violation criteria:
• ambient odor - 5 dilutions to threshold as measured by Barneby-Cheney Scentometer
• complaints - 3 or more calls within a six-hour period
The use of an odor "concentration" such as 5 dilutions to threshold (DM is not uncommon in
odor regulations. Five dilutions to threshold means that the odor roust be diluted five times
before it is no longer detectable. Unfortunately, the Scentometer can only measure ranges of
odor concentration. These ranges are as follows:
Received Time Jan. 5- 5:21PM 28
<2 D/T
2-7 D/T
8-15 DIT
16-31 DIT
32-170 D/T
171-350 D/T
Thus, the-S-centometer cannot-mreasure-5D/T.--Some states-th-at- specify-u-se-of th.e Scentioz-meter
use 7 D/T as the violation threshold. The Scentometer is regarded by many as an unreliable tool
for measuring odor. It is difficult to use and the results are dependent on the sensitivity of the
user. Most regulations define the number of observations made by the inspector and the time
r frame of the observations, e_g_ "three samples or observations in one hour period separated by 15
minutes each." The Avon ordinance does not address number of observations.
The complaint criteria in the Avon odor ordinance is "3 or more calls from individuals
representing separate properties within the Town within a six-hour period related to a single odor
description" A -single odor -episode apparently -constitutes a violation - The ordinance does
indicate that "the Town shall investigate all complaints to verify the source of the odor nuisance
and take _appropriate corrective action."
Most complaint criteria specify a certain number of complaints, but over a much longer time
period. For example, the Minnesota draft odor rule states "at least 10 independent complaints...
and the total number of complaints include at least 5 different households (or places of
business) ...all of the independent complaints were made within a 90 day period...at least S of
the independent complaints were confirmed (verified) through an inspection by a representative
or agent..." The Bay Area Management District in California uses the criteria of '10 validated
complaints-within a- 90-day period to-trigger the ordinance." The violation criteria of. 3
complaints in a 6-hour period appears overly restrictive in that it essentially defines a nuisance as
one odor event of unspecified duration.
I Received Time Jan. 5. 5 ;21PM 29
i
In terms of the structure of the ordinance, it contains most of the essential elements previously
I discussed. The original 1997 ordinance had an "exceptions" clause that allowed for some odor
release caused by 1) unanticipated upset conditions or equipment breakdown provided that the
Town be verbally notified followed by a written plan to correct it, and 2) start-up, shut-down,
cleaning or testing of machinery provided the Town be notified in writing 48 hours in advance
and that the Town approve the repair or maintenance activity in writing. These exceptions were
removed from the ordinance in June, 2000.
1
The June, 2000 amendment also requires the person responsible for the odors to take immediate
action to correct the problem, verbally notify the Town Manager within 8 hours as to why the
violation occurred, and submit a written statement to the Town within 3 days detailing the reason
for the violation and a plan to ensure that the problem will not recur-
One element present in many regulations but missing in the Avon ordinance is the provision for
appeal by the odor generator. In the Avon ordinance, the decision on whether or not a nuisance
I condition has occurred and the source of that nuisance is left up to the odor inspector designated
by the Town of Avon. However, the only documentation of odors appears to be in police logs,
' and in the cases reviewed by Bowker & Associates, odors were not verified or measured by the
Town's trained odor inspector.
In December, 2000 the Avon Town Council passed the first reading of an amendment to the odor
ordinance that 1) eliminated any definition of what constitutes an odor nuisance (odor
concentration by Scentometer, number of complaints in a specified time internal), and
1 2) removed the requirement that odor complaints be verified by the Town of Avon. The
proposed amendment was a direct result of the Town losing a case that it brought against the
Sanitation District because the Court ruled that the Town failed to satisfy certain requirements of
the ordinance. If implemented, this latest amendment will remove two elements that are
considered essential to a good odor control ordinance. In the judgment of Bowker & Associates,
this represents a major step backwards in the development of a fair and equitable odor control
ordinance for the Town of Avon.
I Received Time Jan. 5- 5 ;21PM 30
Based on review of the Avon ordinance, the available literature on odor regulation, and selected
' examples of other odor ordinances, the following summarizes the conclusions of Bowker &
Associates:
• the Avon ordinance existing as of December 15, 2000 is well constructed and
contains most of the elements considered to be important for a good odor regulation.
' The one exception is the lack of any provision. for the odor generator to appeal the
notice of violation.
' the ordinance provides for the Town to notify the potential odor generator of a
possible violation, but no time frame is specified. The District had maintained that it
' had not been notified of odor complaints or the presence of odors soon enough for
them to take appropriate action or to adequately assess operating conditions at the
' time of the complaint More recently, the Town has improved its communication
with the District when odors are detected.
' the original ordinance had an exception for conducting maintenance or repair of odor
control equipment as long as the Town received prior notification. This was a
' reasonable provision in the judgment of Bowker & Associates.
• the use of an ambient odor concentration for which an exceedence constitutes a
violation is fairly common in odor regulations and in not unreasonable. However, 5
- -- D/T cannot be -measured with a Somtometer. Further, there is no specification of the
' number and frequency of measurements by the inspector to document the ambient
' odor concentration.
• the complaint violation criteria of three complaints in a six-hour period is overly
' restrictive when compared to complaint criteria in other ordinances (e.g., 10 validated
complaints in 9 months).
' the Avon ordinance states that "an odor shall be deemed to interfere with reasonable
and comfortable use and enjoyment of property if it is detectable by a trained
observer (emphasis added) and which meets or exceeds any of the following
limits..." Based on review of police reports, the trained observer designated by the
Town of Avon did not consistently verify the odor complaints or document the odor
levels using the Scentometer that he was trained to use.
Received Time Jan, 5. 5 ;21 PM 31
i
1
1
• the current Avon ordinance essentially= states that any odor release that results in odor
complaints constitutes a violation punishable by a $1,000 fine or 90 days in jail. In
the judgment of Bowker & Associates, this is not reasonable and does not recognize
the realities of operating and maintaining a complex wastewater treatment facility that
has significant public benefit in protecting public health and improving water quality.
• A second amendment of the odor ordinance proposed in December, 2000 that
removes any definition of an odor nuisance and eliminates the requirement for
verification of odor complaints by the Town of Avon is an inappropriate modification
of the existing ordinance.
• The removal of both the definition of odor nuisance and the requirement to verify
odor complaints eliminates two crucial elements of a good odor control ordinance. In
the judgment of Bowker & Associates, this represents a step backward in the
development of a fair and equitable ordinance.
Received Time Jan. 5. 5:21PM 32
MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD DECEMBER 12, 2000
A regular meeting of the Town of Avon, Colorado was held in the Municipal Building,
400 Benchmark Road, Avon, Colorado in the Council Chambers.
The meeting was called to order by Mayor Judy Yoder at 5:30 PM. A roll call was taken
with Councilors Mike Brown, Debbie Buckley, Peter Buckley, Rick Cuny, Mac
McDevitt and Mayor Protem Buz Reynolds present. Also present were Town Manager
Bill Efting, Town Attorney Burt Levin Assistant Town Manager Larry Brooks, Town
Clerk Kris Nash, Human Resources Director Jacquie Halburnt, Police Chief Jeff Layman,
Town Engineer Norm Wood, Public Works Director Bob Reed, Transportation Director
Harry Taylor, Community Development Director Michael Matzko as well as members of
the public.
Citizen Input:
Mr. Carl Berger approached the Council to express his concerns about the lack of service
at the Avon post office. After discussion with the Council, Town Manger Efting
suggested a citizen committee be formed to work on the concerns. Mr. Berger
volunteered to be on the committee.
Citizen Input:
Christmas Lighting Contest Awards
Mayor Yoder presented the awards for the Christmas Lighting Contest held December
11, 2000. They were:
Avon Commercial: 1St place - Chapel Square; 2nd place - Cassidy's Hole in the Wall; 3rd
place - Calf-A Coffee
Wildridge Residential: 1St place - Mark and Joyce Morgan, 2403 Drawspur #1; 2°d place
- John Eschenlohr, 4550 Flat Point; 3rd place - Chris Evans, 2365 Fox Lane
Avon Core Residential: 1St place - Kathy and Dave Martinez, 901 W. Beaver Creek
Blvd., 9106; 2nd place - Manula Aguirre, 901 W. Beaver Creek Blvd., #121; 3rd place tie
- Buz Didier, 5010 Eagle Bend Drive and Brad and Kari Huntington, 600 Nottingham
Rd., #13
Special Neighborhood Award: Shepherds Ridge and Ked Spur
Innovative Award: Casey Frehe, 2643 Bear Trap
Ordinances:
First Reading of Ordinance No. 00-14, Series of 2000, An Ordinance Amending Chapter
8.31 of the Avon Municipal Code Relating to Odor Pollution
Town Attorney Levin stated this ordinance amends our current odor ordinance. Mr.
Levin recommends the code be amended to make it simple, and to make the focus simply
the odor that is coming out of the plant or any other odors being generated in the town.
Councilor Debbie Buckley motioned approval of Ordinance No. 00-14, Series of 2000 on
first reading. Councilor McDevitt seconded the motion.
Mayor Yoder asked for a roll call.
The motion carried unanimously.
Town Manager Report:
Town Manager Efting reminded Council of the Holiday Party on December 15.
Consent Agenda:
a.) Approval of the November 28, 2000 Council Meeting Minutes
b.) Resolution No. 00-62, Series of 2000, A Resolution Canceling a Regular
Town Council Meeting
c.) Intergovernmental Agreement with Eagle River Fire Protection District
d.) Eagle River Bikepath - W. Beaver Creek Blvd. to Confluence Inter-
Mountain Engineering Proposal for Base Mapping
e.) Change Order No. 2 - Eagle River Recreation Path
Councilor Debbie Buckley motioned approval of the Consent Agenda. Councilor Brown
seconded the motion. The motion carried unanimously.
There being no further business to come before the Council, Councilor Debbie Buckley
motioned to adjourn the meeting. Councilor McDevitt seconded the motion. The motion
carried unanimously and the meeting adjourned at 5:50 PM.
Regular Council Meeting
December 12, 2000
APPROVED:
Michael Brown
Debbie Buckley
Peter Buckley
Rick Cuny
Mac McDevitt
Buz Reynolds
Judy Yoder
Regular Council Meeting
December 12, 2000
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager f9'-
From: Norman Wood, Town Engineer
Anne Martens, Engineer I
Date: January 2, 2001
Re: Resolution No. 01 - 01, Approving the Final Plat, A Resubdivision of Lot 22, Block 3,
Wildridge, Town of Avon, Eagle County, Colorado (4258 Wildridge Road West)
Summary: Joe Robb, owner of Lot 22, Block 3, Wildridge, has submitted a Final Plat to
resubdivide Lot 22, Block 3, Wildridge, Town of Avon, Eagle County, Colorado. This is a
Duplex Subdivision of a developed lot, creating Duplex lots 22A and 22B. The Subdivision is
in conformance with the Title 16 of the Avon Municipal Code, Subdivisions.
Recommendations: Staff recommends approval of Resolution No. 01 - 01, Series
of 2001, A Resolution Approving the Final Plat, a Resubdivision of Lot 22, Block 3, Wildridge,
Town of Avon, Eagle County, Colorado, subject to completion of technical corrections to be
approved by staff.
Town Manager Comments:
: Lo '1 C Gt -
I:\Engineering\Subdivision\Wildridge\L22B3W R.doc
TOWN OF AVON
RESOLUTION NO. 01- 01
Series of 2001
A RESOLUTION APPROVING THE FINAL PLAT, A RESUBDIVISION OF LOT 22,
BLOCK 3, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO.
WHEREAS, Joe Robb has submitted a Final Plat for a Resubdivision of Lot 22, Block 3,
Wildridge, Town of Avon, Eagle County, Colorado; and
WHEREAS, the Final Plat has been reviewed by the Town Staff; and
WHEREAS, the Final Plat was found to be substantially in conformance with Title 16 of the
Avon Municipal Code; and
WHEREAS, the proposed subdivision complies with the requirements for consideration as a
Final Plat.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, that the Final Plat for A Resubdivision of Lot 22, Block 3, Wildridge, Town of
Avon, Eagle County, Colorado, is hereby approved by the Town of Avon subject to:
The completion of technical corrections as identified by Town Staff.
ADOPTED THIS
DAY OF , 2001.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Judy Yoder, Mayor
ATTEST:
Kris Nash
Town Clerk
I:\Engineering\Subdivision\Wildridge\L22B 3 WRresO l O l .doc
Memo
To: Honorable Mayor and Town Council
From: Larry Brooks, Assistant Town Manager;
Via: Bill Efting, Town Manager
Date: 1/5/1
Re: Multifamily housing revenue bonds
VON
C O L O R A D O
The attached resolution will authorize the issuance of tax exempt revenue bonds for the approximate
240 housing units to be initially constructed within the Village at Avon.
The Town ( with passage of this resolution ) is authorizing and "sponsoring" the issuance, without
incurring debt or any multiple fiscal year obligation. Payment of bond debt is provided by the
developer.
The document has been reviewed by our bond council, Dee Wisor, Scott Wright and Burt Levin. Staff
will be happy to answer any questions at the work session. The developer will also attend the
meeting, represented by Gerry Flynn, Jeff Spanel and Andy Kane.
C
RESOLUTION NO.01-
SERIES OF 2001
FOR A RESOLUTION DECLARING THE INTENT OF THE
TOWN OF AVON, COLORADO TO ISSUE MULTIFAMILY
HOUSING REVENUE BONDS TO PROVIDE FINANCING OF
A MULTIFAMILY RESIDENTIAL FACILITY FOR LOW AND
MIDDLE INCOME PERSONS AND FAMILIES;
PRESCRIBING CERTAIN TERMS AND CONDITIONS OF
SUCH BONDS; AND CONTAINING OTHER PROVISIONS
RELATING TO THE PROPOSED ISSUANCE OF SUCH
BONDS.
WHEREAS, the Town of Avon, Colorado (the "Town"), is a legally and regularly
created, established, organized and existing home rule town under the provisions or Article XX
of the Constitution of the State of Colorado (the "State") and the Home Rule Charter of the
Town (the "Charter"); and
WHEREAS, the Town is authorized by the County and Municipality Development
Revenue Bond Act, constituting Article 3, Title 29, Colorado Revised Statutes, as amended (the
"Act"), to finance one or more projects (which includes any land, building or other improvement
and real and personal properties) to the end that residential facilities for low- and middle-income
families or persons intended for use as the sole place of residence by the owners or intended
occupants may be provided which promote the public health, welfare, safety, convenience and
prosperity; and
WHEREAS, the Town is further authorized by the Act to issue revenue bonds for the
purpose of defraying the cost of financing any project, including the payment of principal and
interest on such revenue bonds for not exceeding three years, the funding of any reserve funds
which the governing body of the Town may deem advisable to establish in connection with the
retirement of such revenue bonds or the maintenance of the project and all incidental expenses
incurred in issuing such revenue bonds, and to secure payment of such revenue bonds as
provided in the Act; and
WHEREAS, representatives of Corum Real Estate Group, Inc., as mangers or partners of
a to be formed limited liability company or other partnership entity and its successors or assigns
(but only if such successors or assigns are acceptable to the Town) (the "Developer"), have met
with officials of the Town and have advised the Town of the Developer's interest in the
acquisition, construction, improvement and equipping of a multifamily rental housing project,
consisting of approximately 240 units containing complete facilities for living, and have
proposed that the Town issue its multifamily housing revenue bonds, in one or more series, to
finance the Villages at Avon Apartments project (the "Project"), which Project is to be located in
the Villages of Avon development, within the boundaries of the Town, to be owned and operated
by the Developer; and
WHEREAS, the Project constitutes a project under the Act, and the Town wishes to
declare its intention to authorize an issue of its multifamily housing revenue bonds, in one or
more series (the "Bonds"), for the purpose of paying the cost of financing the Project, upon such
terms and conditions as are contained herein; and
WHEREAS, the Town has considered the Developer's Project proposal and, upon the
expectation that the Project will provide more adequate residential rental housing for low- and
middle-income persons and families within the Town, the Town wishes to declare its present
intention to authorize the Bonds for the aforesaid purposes, all upon such terms and conditions as
may be agreed upon by the Town and the Developer;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO:
Section 1. In order to benefit the residents of the Town, the Town hereby declares its
intent to authorize the issuance of tax-exempt Bonds in an aggregate principal amount not to
exceed $23,000,000, which amount is estimated to be sufficient: (a) to finance a portion of the
Project; and (b) to pay certain costs incurred in connection with the issuance of the Bonds.
Section 1. The Town Council of the Town (the "Council") hereby finds, determines,
recites and declares that the Bonds shall not constitute the debt, multiple fiscal year obligation or
indebtedness of the Town, the State or any political subdivision of the State within the meaning
of any provision or limitation of the State Constitution or statutes and shall not constitute nor
give rise to a pecuniary liability of the Town or a charge against the Town's general credit or
taxing powers, nor shall the Bonds ever be deemed to be an obligation or agreement of any
officer, director, agent or employee of the Town in such person's individual capacity, and none
of such persons shall be subject to any personal liability by reason of the issuance of the Bonds.
-2-
Section 2. The Bonds shall be special, limited obligations of the Town payable solely
from the payments to be made by the Developer (as described below) to the Town under a Loan
Agreement to be entered into by and between the Town and the Developer.
Section 3. The Council hereby finds, determines, recites and declares that the issuance of
the Bonds to finance the Project will promote the public purposes set forth in the Act, including,
without limitation, assisting persons or families of low- and middle-income in obtaining decent,
safe and sanitary housing.
Section 4. The Council hereby finds, determines, recites and declares the Town's intent
that this resolution constitute an official indication of the present intention of the Town to issue
the Bonds as herein provided, subject to: (a) the Developer either obtaining a binding final
commitment of credit enhancement for the Bonds from a credit enhancement entity which is
acceptable to the Town or obtaining a commitment for the purchase of the Bonds on a private
placement basis by qualified institutional buyers or accredited investors which are acceptable to
the Town, (b) Town zoning approval for the proposed site (which approval shall be subject to the
Town's prescribed procedures); (c) the delivery of an approving opinion of bond counsel to the
Town, (d) the delivery of a market study, appraisal, survey, title insurance, environmental audit
and plans and specifications, all as may be required and are acceptable to the provider of credit
enhancement and the Town, as applicable, (e) successful negotiation and approval of a Loan
Agreement and related financing documents in forms satisfactory to Council, and (f) the
adoption of a final bond ordinance by the Council.
Section 5. The appropriate officers of the Town are hereby authorized to take such
actions as contemplated by the Internal Revenue Code of 1986, as amended and by the Colorado
Private Activity Bond Ceiling Allocation Act, constituting Article 32, Title 24, Part 17, Colorado
Revised Statutes, as amended (the "Allocation Act") that may be necessary to assist the
Developer in applying for volume cap allocation from the state wide pool pursuant to the
Allocation Act.
-3-
Section 6. All actions not inconsistent with the provisions of this resolution heretofore
taken by the Council or any officer or employee of the Town in furtherance of the issuance of the
Bonds are hereby ratified, approved and confirmed.
Section 7. If any section, paragraph, clause or provision of this resolution shall be
adjudged to be invalid or unenforceable, the invalidity or unenforceability of such section,
paragraph, clause or provision shall not affect any of the remaining sections, paragraphs, clauses
or provisions of this resolution.
INTRODUCED, APPROVED, AND ADOPTED, this January _, 2001.
Mayor
(SEAL)
ATTESTED:
Town Clerk
-4-
STATE OF COLORADO )
COUNTY OF EAGLE ) ss.
TOWN OF AVON )
I, the duly elected, qualified and acting Town Clerk of the Town of Avon,
Colorado (the "Town") do hereby certify:
1. That the foregoing pages are a true, correct, and complete copy of a Resolution
approved by the Town Council (the "Council") of the Town at a regular meeting of the Council
held at the Municipal Building of the Town on January _, 2001.
2. The Resolution has been signed by the Mayor, sealed with the corporate seal
of the Town, attested by me as Town Clerk, and duly numbered and recorded in the official
records of the Town; and that the same remains of record in the official records of the Town.
3. The adoption of the Resolution was duly moved and seconded and the
Resolution was approved by a vote of to of the members of the Council as follows:
Those Voting Yes:
Those Voting No:
Those Abstaining:
Those Absent:
4. The members of the Council were present at such meeting and voted on the
passage of such Resolution as set forth above.
5. There are no bylaws, rules or regulations of the Board which might prohibit
the adoption of said Resolution.
-5-
6. That on January _, 2001 the full text of the resolution was posted at the office
of the Town Clerk and in three public places in the Town in accordance with Section 6.7 of the
Charter.
7. Notice of the meeting of January _, 2001 in the form attached hereto as
Exhibit A was posted at the Town Hall not less than 24 hours prior to each meeting in
accordance with law.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
said Town this day of January, 2001.
(SEAL)
Town Clerk
-6-
EXHIBIT A
(Attach Notice of Meeting)
-7-
avoninduceQ
1/5/01 9:46 AM
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager p"--
From: Norman Wood, Town Engineer /&
Anne Martens, Engineer
Date: January 2, 2001
Re: Resolution No. 01 - 03, Approving the Final Plat, A Resubdivision of Lot 62, Block 4,
Wildridge, Town of Avon, Eagle County, Colorado (5134 Longsun Lane)
Summary: Mark & Tami Marto, Prisca Boris and Rick Petrillo, owner's of Lot 62, Block 4,
Wildridge, have submitted a Final Plat to resubdivide Lot 62, Block 4, Wildridge, Town of
Avon, Eagle County, Colorado. This is a Duplex Subdivision of a developed lot, creating
Duplex lots 62A and 62B. The Subdivision is in conformance with the Title 16 of the Avon
Municipal Code, Subdivisions.
-Recommendations: Staff recommends approval of Resolution No. 01 --03, Series
of 2001, A Resolution Approving the Final Plat, a Resubdivision of Lot 62, Block 4, Wildridge,
Town of Avon, Eagle County, Colorado, subject to completion of technical corrections to be
approved by staff.
Town Manager Comments:
,y -',,I ?? av
\\PW\SHARED\Engineering\Subdivision\Wildridge\L62B4WR.doc
TOWN OF AVON
RESOLUTION NO. 01- 03
Series of 2001
A RESOLUTION APPROVING THE FINAL PLAT, A RESUBDIVISION OF LOT 62,
BLOCK 4, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO.
WHEREAS, Mark & Tami Marto, Prisca Boris and Rick Petrillo have submitted a Final Plat for
a Resubdivision of Lot 62, Block 4, Wildridge, Town of Avon, Eagle County, Colorado; and
WHEREAS, the Final Plat has been reviewed by the Town Staff; and
WHEREAS, the Final Plat was found to be substantially in conformance with Title 16 of the
Avon Municipal Code; and
WHEREAS, the proposed subdivision complies with the requirements for consideration as a
Final Plat.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, that the Final Plat for A Resubdivision of Lot 62, Block 4, Wildridge, Town of
Avon, Eagle County, Colorado, is hereby approved by the Town of Avon subject to:
The completion of technical corrections as identified by Town Staff.
ADOPTED THIS
DAY OF , 2001.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Judy Yoder, Mayor
ATTEST:
Kris Nash
Town Clerk
\\PW\SHARED\Engineering\Subdivision\Wildridge\L62B4WRres0103. doc
INTERGOVERNMENTAL AGREEMENT
FOR
800 MHz WIDE AREA SMARTZONE TRUNKING RADIO SERVICES
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this - day of
2000, effective Februarv 1 , 2001 , by and between the
County of Eagle, State of Colorado, a body corporate and politic, acting by and through its Board
of County Commissioners ("County") and Town of Avon , a
[municipal corporation, a special district under the laws of Colorado], acting by and through its
("User").
RECITALS
1. Eagle County has begun the installation of a planned multi-phase 800 MHz radio system
project, the-successive phases being intended to expand the territorial reach of the system ( "800
MHz System"). The completed phases of the 800 MHz System are operating.
2. Eagle County is willing to provide User, and other governments, emergency service
responders (all of which, together, are referred to herein as "Users"), and certain other special
districts, non-exclusive access to the 800 MHz System.
3. User wants to use the 800 Mhz System for its intrajurisdiction and interjurisdiction
communications.
4. County and User are authorized by Colorado Constitution Art XIV §18(2) and §29-1-201, et
seq., CRS, to enter into this agreement. They want to enter into it to establish the terms and
conditions for User's access to the 800 Mhz System.
NOW THEREFORE, for and in consideration of the promises set forth herein, the parties agree
as follows:
ARTICLE I
TERM & TERMINATION
The initial Term of this Agreement shall be Feb. 1. , 2001 , through December 31, 2 0 01 This
Agreement shall be automatically renewed for successive one-year periods (January 1 through
December 31), not exceeding four (4) such renewals, unless it is terminated in accordance with
this Article or unless either party gives the other written notice of its election not to renew not
later than June 30 of the expiring term.
page 1
G:\B0BWIP\Sherifl\800MHZ IGA Aug 21 Rev.WPD
Any time during the Term of this Agreement, any party aggrieved of a material breach of this
Agreement may serve on the other party a written notice describing the breach. If the breach is
not cured within 30 days after the delivery of the notice, this Agreement automatically shall
terminate.
Upon termination of this Agreement, the User shall immediately reprogram all of its radios
containing County template programming and SmartZone system parameters from its equipment
at its sole expense. Such reprogramming must be performed by Motorola or a service provider
approved by the System Manager.
Notwithstanding anything in this Agreement to the contrary, neither party shall have any
-obligations under this Agreement with-respect to any date or period after the last day of the fiscal
year in which this Agreement commences, except and to the extent the same is provided for by
lawful appropriation in accordance with the applicable governmental budget laws. A party shall
give the other party notice of its failure or other inability to make or obtain appropriations for the
obligations set forth in this Agreement within ten (10) business days of adoption of a budget for
the next fiscal year, and of the effective termination date of approved appropriations, and this
Agreement shall terminate effective that date.
ARTICLE II
THE 800 MHz SYSTEM '
The 800 Mhz System is a radio communications system which allows Users, or defined
multi jurisdictional Users groups, to communicate with one another throughout the geographic
reach of the system. System communications depend upon antenna/transmitter-receivor sites
with County leases or subleases from others, which are subject to expiration or termination
which may cause the loss of geographic reach of the system as well as the need to relocate
antennas. The 800 Mhz System is subject to electromagnetic and meterorological disruption and
to electronic and mechanical failure. The County cannot and does not guarantee the operability
of the 800 MHz System as a whole or in any particular part or geographic reach, but the County
will use its best efforts to maintain the system.
The County intends to expand the geographic reach of the 800 MHz System, but the County
cannot make a promise about when or even whether it will do so. The County will seek the User
Group's input regarding the expansion.
The 800 MHz System is expected to be used by public safety agencies and by "Shared Users,"
consisting of public and quasi-public non-public-safety agencies. User's use of the 800 MHz
System hereunder is a non-exclusive use.
Any failure or impairment of the 800 MHz System's facilities or any delay or interruption to the
page 2
G:\BOBWIP\Sherifl1800MHZ IGA Aug 21 Rev.WPD
use of the System due to an Act of God or Force Majeure or due to any other causes beyond the
direct control of the County, shall not constitute a breach of this Agreement and the County shall
not be liable for any injuries, damages or losses of any nature whatsoever resulting, directly or
indirectly, from such failure, impairment, delay or interruption.
By entering into this Agreement, User accepts the 800 MHz System as it presently exists and
subject to the foregoing limitations.
ARTICLE III
THE 800 MHz SYSTEM USER GROUP
County will establish the "800 MHz User Group" ("User Group") for the purposes of assisting
the County in administering the multiple jurisdiction use of the 800 MHz System. The User
Group will consist of the Eagle County Sheriff, four (4) representatives from public safety
agency Users and one (1) representative of Shared User agencies selected by the Board of
County Commissioners. The five Users representatives shall serve two-year terms or until their
successors are appointed by the Board of County Commissioners. The Sheriff is the Chairman
of the User Group. The User Group shall meet at the call of the Sheriff or in accordance with
such bylaws as it may adopt.
The User Group is an advisory board to the Eagle County Board of County Commissioners, and
is not an independent legal entity.
The User Group is responsible for developing a budget for the operation of the 800 MHz System.-
It will annually review the operating cost of the system and recommend User fees. Recognizing
that the costs and revenues from operation of the 800 MHz System must be incorporated into the
annual County budget, and the annual budgets of all Users, the User Group will make its
recommendation to the Eagle County Sheriff not later than July 15 of each year, or as soon
thereafter is practicable.
The User Group is responsible for reviewing and approving template designs for 800 MHz
System Users.
ARTICLE IV
SYSTEM COORDINATION
The Eagle County Sheriff, or his designee, shall serve as "System Manager."
Each User shall designate a "Trunking Coordinator" who will serve as the single point of contact
between the User and the User Group and/or System Manager. A designation shall be made by
page 3
G:\B0BWIP\Sheriff\800MHZ IGA Aug 21 Rev.WPD
notice in writing to the System Manager, and may be changed at User's discretion by written
notice to the System Manager.
A User may not change talk group names, talk group functions, talk group alias's or any other
programming without consulting with and obtaining the approval of the System Manager, who
shall approve the change unless he concludes it will or may disrupt 800 MHz System use or
management.
All programming shall be done on User's radios and other equipment by Motorola or other
person approved by the System Manager.
ARTICLE V
EQUIPMENT
County will provide User access to all operating phases of the 800 MHz System for the use of
User's radio units.
Only County or County-approved receiving or transmitting equipment may be installed at the
antenna sites.
User is solely responsible for the compatibility of its equipment with the 800 MHz System, even
if that equipment has been approved by the System Manager, whose approvals are not intended
to and do not constitute a promise or warranty of compatibility. User acknowledges that the
system was designed and is maintained by Motorola Communications and Electronics, Inc., and
that equipment by other manufacturers (and some Motorola equipment) may not be compatible.
User acknowledges that it has familiarized itself with the technical characteristics of the 800
MHz System and of the types of equipment compatible with it.
All radio units must be approved by the System Manager before they are used on or programmed
for use on the 800 MHz System. The System Manager will approve the radio units if they meet
SmartZone compatibility criteria (as set forth on Attachment B or as changed from time-to-time).
ARTICLE VII
PROGRAMMING
Programming requires one radio template for each model of Motorola SmartZone radio. All
patches, permanent or temporary, to conventional (UHFNHF) radio channels must be approved
by the System Manager before they become operational, including patches controlled by Public
Safety Electronics-Banks, 800 MHz Control/Desktop-StationgMobile and Portable Radios.
page 4
G:\B0BWIP\Sheriff\800MHZ IGA Aug 21 Rev.WPD
ARTICLE VII
SYSTEM RULES OF USE
FCC RULES. County holds a license from FCC for the operation of the 800 MHz System. User
shall comply with the terms of the license and federal, state and local laws, orders and
regulations with respect to the system's use.
SCAN. User will use the Motorola "SCAN" feature at its own risk. The County is not
responsible for loss of radio traffic to the User's radio when using scan and roaming throughout
the network.
DISABLING RADIO. In the SmartZone environment, it is possible for a User's radio to "drag"
voice traffic to a radio site, thus causing power consumption and system loading. The System
Manager reserves the right to disable a radio from one or more SmartZone sites should the radios
cause sites to be busy.
After initial installation, should any interference result from the User's operation of this
equipment the County may order corrective measures - including discontinuing equipment, uses
and activities which are or may be causing the interference - to be taken immediately and
interference eliminated within two (2) days of giving notice. The User shall be responsible and
shall assume the cost of the corrective measures needed to eliminate the interference or modify it
to the satisfaction of the System Manager.
ARTICLE VIII
SECURITY
User may not loan, issue or assign any radios on a permanent or temporary basis to any outside
organization without a written authorization by the System Manager.
Radio programming security requires that no radio service software (RSS) modifications can be
made to the units or central electronics (CEB) consoles without the written approval of the
System Manager. These modifications include the system ID number, control channels, connect
tones, call alert parameters, secure parameters, emergency channels, or any present or future
options in future RSS software releases. Users will be responsible and will assume the cost of
the corrective measures needed to eliminate system problems due to any unauthorized radio
software modifications.
page 5
G:\BOBWIP\Sherif \800MRZ IGA Aug 21 Rev.WPD
ARTICLE IX
CONFIDENTIAL INFORMATION
Radio software is confidential. Talk group decimal/hexadecimal ID's and template information
provided for the template design process also is considered confidential information.
User shall not disclose any radio software information to anyone without the County's
permission. If User makes an unauthorized disclosure of confidential information, the County
may terminate this Agreement.
ARTICLE X
INDEMNIFICATION
To the extent allowed by law, each party to the Agreement will defend, save harmless, and
indemnify the other from any liability to any third party arising solely out of the negligent acts of
the indemnifying party's officers, employees or agents in the performance of this Agreement.
Nothing herein is intended to or does waive the provisions of the Governmental Immunity Act.
ARTICLE XI
TRAINING
The success of the 800 MHz System and the safety of personnel depends upon user training;
therefore,.no_employee or agent of User shall be permitted to use the system without the training.
User is responsible for providing to each of its employees and agents the minimum training
specified by the System Manager. The County may provide system training for the User's
personnel at a fee to be agreed upon at the time of training.
ARTICLE XII
COMPENSATION
MAINTENANCE FEE. User will be charged a yearly maintenance fee to cover the operational
cost of the 800 MHz System, payable by January 31 of each year (or 30 days after execution of
this Agreement, for the year 2000).
The maintenance fee will not include initial mobile installation, programming, future talk group
or software feature changes to radios, which are the responsibility of each User.
ADDITIONAL FEE FOR MUTUAL AID RADIOS. The County reserves the right to charge
User a monthly/yearly rate for any mutual aid radio that uses the 800 MHz System for User's
page 6
G:\BOBWIP\Sherifl\800MHZ IGA Aug 21 Rev.WPD
primary communications. This includes using a logical patch talk group to bypass User's
conventional radio system.
ARTICLE XIII
PRICING STRUCTURE - DEFINITIONS.
Tier I - Entities are defined as State, County, and Local Municipal Public Safety agencies in
Eagle County.
Tier 2 -Agencies of surrounding counties which are allowed by County to connect to the
SmartZone "brain."
"Shared Users" are special districts and quasi-governmental entities not providing public safety
services.
A "Unit" is either a hand held, portable, mobile radio, base station, or other identified unit.
A "Mutual Aid Unit" is a Unit used by a non-User who is on the User's system for purposes of
providing mutual aid for some specific incident.
ARTICLE XIV
PRICING STRUCTURE - FEES.
The annual fee for the first year of the term of this Agreement (prorated based on a 365-day year)
is as follows:
Tier 1 Users will pay a flat rate of $200.00 per unit, per year for the year 2000; provided that
County may negotiate credits with individual Users which contribute enhancements to the 800
MHz System.
Tier 2 Users will pay a flat rate of $ per month per port.
The following year's pricing structure for all Users will be determined after an annual review by
the User Group of the actual operating cost incurred during the past year. The operating cost will
need to be re-evaluated every year. The formula to determine the operating cost will be:
Site rental costs, Microwave tower rental, Backbone maintenance,
Wire line lease cost, Equipment repair and replacement cost, and
System Manager.
page 7
G:\B0BWIP\Sheriff\800MHZ IGA Aug 21 Rev.WPD
- Minus -
Income from Users (including Tier 1, Tier 2 and Shared Users).
- Divided by -
Total predicted number of units
- Equals
Annual Maintenance Fee per unit
ARTICLE XV
NON-ASSIGNMENT
This Agreement is intended to fill a vital element in the provision of public safety services to the
people of Eagle County. User may not assign, sublease or in any manner convey, in whole or in
part, its rights under this Agreement.
DATED
2000.
OF Town of Avon
By:
ATTEST:
ATTEST:
Clerk to the Board of
County Commissioners --- -
Tom C. Stone
Chairman
page 8
By:
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
G:\BOBWIP\Sheriff\800MHZ IGA Aug 21 Rev.WPD
Eagle County SmartZone
Radio Unit Criteria
_c is fully understood that all entities wishing to use the Eagle County 800 MHz system will not have the same
requirements. Some may have the need for full County-Wide coverage while others may need the use of only
one, two, or three sites. For that reason, we have established a Shared User Agreement which outlines the
options available to the end user and the costs associated with use of the system.
The actual radio units that may be used on the system vary in both features and price-The requirements of your
specific entity will assist in determining the type of actual radio unit that will meet your needs. The Motorola
Representative or the Eagle County System Manager can assist you in determining the best radio unit to meet
your needs.
Eagle County has a sizable investment in this system and must therefore safeguard the integrity of the system
for the Public Safety Agencies, who will be the primary users of the system. This will be accomplished by
establishing some acceptable minimum criteria for radio units allowed on the system.
Any unit accessing the system will be required to meet the following minimum technical specifications:
Minimum Technical Radio Requirements:
• Analog capable radio
• Programmable in the 800 mHz frequency band
• Must be compatible with Motorola 3600 Baud Trunked signaling format
• Must utilize Type H signaling format
• Must immediately affiliate with the system when unit is turned on and when the channel is
changed.
• The Serial number, Model number, and unit ID must be on file with the Eagle County System
Manager before a unit can be used on the system
• Radio must have SmartZone Software - LTS portable and LCS Mobile or Above,
Eagle County System Disclaimers:
• Beyond the basic feature set of "Transmit and Receive" other features of low-tier radios may or
may not fully function on the SmartZone system (ie. Private Conversation, Call Alert, Telephone
Interconnect, Dynamic Regrouping, Talkgroup Merge, Selective Radio Inhibit, Emergency ID,
or transparent roaming). - --
• Eagle County cannot guarantee that the system will support analog radios beyond the year 2001-
??? Eagle County reserves the right to convert the system to Digital and/or APCO 25 signaling
after providing 6 months notice to all users.
• Low tier radios may require that the user manually change radio channels according to location.
Preferred Feature Set:
• Analog SmartZone compatible or Digital Flashport capable radio are preferred for use on the
system. This will allow the user to obtain full utilization of the system.
• Entities that wish to reduce initial costs may want to purchase a platform of radio that can be
"Flashed" (computer upgraded to full SmartZone capable) so that as their system needs increase
the feature sets in the radios can be programmed accordingly.
C
Memo
To:
Thru:
From:
Date:
Re:
Honorable Mayor and Town Council
Bill Efting, Town Manager
Norm Wood, Town Engineer
January 3, 2001
Eaglebend Drive & Stonebridge Road Streetscape Improvements
Inter-Mountain Engineering Design Services Proposal
Summary: Inter-Mountain Engineering, Ltd., has submitted the
attached Proposal for design services for Eaglebend Drive and Stonebridge Road
Streetscape Improvements. The design services include 1) information gathering and base
mapping, 2) preliminary and final design for road widening with streetscape lighting, curb,
gutter and relocated centerline to accommodate 6 to 10 foot wide asphalt path along one
side of street, bus stop on Eaglebend Drive, and entry sign at intersection of US Highway 6
and Stonebridge Road, 3) preparation of construction and bid documents and construction
cost estimates. Preliminary and final design will include streetscape and fighting designs
consistent with other Town Streetscape projects.
Total estimated cost for these services is $37,510.00, which is broken down as follows:
1. Information Gathering $ 8,810.00
2. Preliminary Design 12,265.00
3. Final Design & Construction Documents 10,615.00
4. Construction Administration 1,837.50
5. Reimbursables 532.50
6. Sub-Consultant (Electrical Design) Charges 3,450.00
Total Cost - Not to Exceed $37,510.00
The cost of these services is within the adopted Eaglebend Drive Streetscape
Improvements budget.
Approval of this Proposal for design services by Inter-Mountain Engineering, Ltd., for
Eaglebend Drive and Stonebridge Road Streetscape Improvements design at a cost not to
exceed $ 37,510.00 is recommended.
I:\Engineering\CIP\Eaglebend Drive\2.2 Design Eng\2.2.1 Gan Corr\Proposal Memo 1.Doc
Recommendations: Approve Proposal from Inter-Mountain Engineering,
Ltd. for design services by Inter-Mountain Engineering, Ltd., for Eaglebend Drive and
Stonebridge Road Streetscape Improvements design at a cost not to exceed $ 37,510.00.
Town Manager Comments:
C6 ncu?
I:\Engineering\CIP\Eaglebend Drive\2.2 Design Eng\2.2.1 Gen Corr\Proposal Memo 1.Dm 2
?1 Inter-Mountain
Engineering>?a.
January 3, 2001
Mr. Norman Wood, Town Engineer
Town of Avon
P.O. Box 975
500 Swift Gulch Road
Avon, CO 81620
Hand Deliver
Re: Eaglebend Drive. and Stonebridge Road Streetscape and Street
Improvements Design Services
Dear Norman,
Inter-Mountain Engineering, Ltd. (IME) is pleased to present this proposal for
engineering design services for Eaglebend Drive and Stonebridge Road
Streetscape and Street Improvements. We feel that we are uniquely qualified for-
this project due to our solid working relationship with Town staff and the fact that
we are a local firm with extensive experience designing and building projects of
this size and scope.
Over the years, IME has successfully completed many similar projects for the
Town and other clients. During the course of this work, we have developed
stable partnerships with all the prospective members of our team. We are well }
versed in the Town's design standards and familiar with Town expectations,
which will help lead to a successful project team and a superior product. Plus,
we feel that being local is 'a significant asset that will allow us to be more
responsive to the Town's needs during design.
Team Description and Profile
Inter-Mountain Engineering is a multi-disciplined civil engineering firm. We'have
the in-house capability to provide the roadway, grading, drainage, minor
i structural and utility design services required for this project.
8392 Continental Divide Road, Suite #107 • Littleton, Colorado 80127 • Phone: 303/948-6220 • Fax: 303/948-6526
77 Metcalf Road, #200 • Box 978 • Avon, Colorado 81620 • Phone: 970/949-5072.• From Denver Direct: 893-1531
Page 3 of 7
Eaglebend Drive & Stonebridge Road
Streetscape & Street Improvements Proposal
January 3, 2001
• Adjusting the centerline of Eaglebend Drive north (from the intersection
with Stonebridge Drive approximately 1000 feet to the west) sufficiently to
allow two 12' foot travel lanes, . 2.5' curb and gutter both sides, and a 10'
wide attached asphalt path on the south side of the road.
• Locating a bus pull-out on Eaglebend Drive near the west end of the
proposed improvements.
• Adjusting the centerline of Stonebridge Drive to the east (from the
intersection with Eaglebend Drive to the intersection with Highway 6) .
sufficiently to allow two 12' foot travel lanes, 2.5' curb and gutter on the
.west side of the road, and a 6' to 10' wide attached asphalt path on the
west side of the road. If space allows, the Town would prefer to retain a.
shoulder and drainage channel on the east side of the road.
• Re-surface existing paths leading from Stonebridge Drive down to the
Eagle River at the bridge.
• Locate and design an entry sign on Highway 6 westbound, just west of
Stonebridge Road, similar to the one for Wildridge'but smaller.
• Locate Town standard streetlights at 100' o.c. adjacent to paths with two
lights at the bus stop.
• Remove the cul-de-sac on Eaglebend Drive.
The scope of services does not include soils testing or pavement section design.
Instead,. IME will core drill Eaglebend Drive and Stonebridge Road in two
locations each and match the existing pavement section.
Phase I-- Information Gathering
IME will gather available data, plans, and right-of-way documents from our files
and utility company as-built drawings during the first week of the project. IME will
perform the supplemental topographic survey necessary to design the proposed
improvements. Existing property corners,.- drainage improvements and. other
surface features will be field located during the survey, as necessary. Duke
Fehringer will oversee the field survey.
IME will prepare a base map using. this information on which to overlay the
proposed improvements. It will include existing elements such as drainage
channels, culverts, edge of pavement, pathstwalks, curb and gutter, driveways,
signs, retaining walls, buildings, utilities, trees and other landscape features that
must be considered during the design phase.
IME will also core drill Eaglebend Drive and Stonebridge Road in two locations
each. Proposed improvements will match existing pavement sections.
01/03/01 3:32 PM
Page 4of7
Eaglebend Drive & Stonebridge Road
Streetscape & Street Improvements Proposal
January 3, 2001
As soon as sufficient survey data is available, IME will prepare a section across
Stonebridge Road at the Eaglebend Clubhouse to determine whether the typical
section included in the scope of services is feasible. If so, the design criteria
described above will be used to develop a horizontal alignment for the. proposed
improvements. If not, the design criteria and scope of work will be revised as
necessary before a horizontal alignment is developed.
IME has scheduled one team meeting during the initial phase of the work that will
be attended by Town staff. This meeting will be held after the section through
Stonebridge Road near the Eaglebend Clubhouse is available to establish
working relationships, communicate project goals, schedule and budget, and
clearly define the expected results. IME will produce.and distribute minutes from
team meetings to Town staff.
IME will also initiate preliminary contact with CDOT during this phase of the
project to identify, upfront, their concerns about and. suggestions for the project:
Phase. II - Preliminary.Design and Plans
IME will develop a horizontal alignment for the proposed improvements. After the
horizontal alignment is fixed, IME will complete preliminary design (50-60%) of
proposed improvements on Eaglebend Drive and Stonebridge Road. The
preliminary plans will specify the. type, location and elevation (if appropriate) of
proposed' road widening, paths, -curb, gutter, a bus pull-out and associated
furnishings, and an entry sign.
IME will generate 1:1 cross sectional information at 100-foot intervals along the
horizontal alignment and at intersections and driveways. Cross-sectional
information will extend beyond the right-of-way, as necessary.
The preliminary plan set will include plan/profile sheets, cross sections, and
some typical details:
IME will meet and consult with our team specialists; CDOT and Town staff one
time during this phase of the work to identify opportunities and constraints for the
project and to ensure that the designs developed are feasible and appropriately
-address the identified issues.. In this meeting, the project team will define the
expected results of and develop an agenda for a public.meeting and a meeting
with the Town Council at which IME staff will present the preliminary design and
cost estimate for the proposed improvements. Presentation materials will include
mounted plans and typical street sections. IME will produce and distribute
minutes from the meetings to Town staff.
01/03/01 3:32 PM
Page 5 of 7
Eaglebend Drive & Stonebridge Road
Streetscape & Street Improvements Proposal
January 3, 2001
Phase III - Final Design and Preparation of Construction Documents
IME will complete the design of proposed improvements on Eaglebend Drive-and
Stonebridge Road incorporating comments received from the public and council
meetings and Town staff:
The lighting design provided by AEC will be based on the preliminary plans and
the scope of work defined in the statement of work. AEC will specify the location
of decorative mounted pole lights matching the existing Town of Avon standard.
Luminaire type, light standard type and mounting height, bracket arm type and
length, and pole base details will be provided. Utility transformers will be located
and the power distribution required for. the lighting and. service outlets defined.
The construction plan set will include a title sheet with vicinity map and general
notes, site plan, plan/profile sheets with grading, drainage, erosion control,.
signage and pavement markings, cross sections, lighting and electrical plan, and
typical details. IME will compile the plan sets from our documents and those of
AEC. (The construction contractor will be expected to prepare and submit the
Construction Traffic Control Plan with his bid; however, IME's specifications will
clearly outline the constraints and limitations for work scheduling and traffic
control that will be imposed by the Town.).
IME will compile a complete Project Manual with Technical Specifications, Bid
Tabulation Sheets, and Town Standard Front End Contract Documents and a.
cost estimate for construction, with input from.all team members.
IME will meet and consult with our team specialists, CDOT and Town staff one
time during this phase of the work to ensure that the plans developed are
feasible and appropriately address the identified issues. IME will produce and
distribute minutes from the meetings to Town staff.
The design and construction documents will be finished by February 28, 2001
providing that weather conditions do not interfere with completion of the survey.
The completed plans will also be delivered to CDOT for review and comment.
Phase IV - Legal Descriptions and Right-of-Way Acquisition
IME will prepare the required legal descriptions for right-of-way acquisition and/or
temporaryconstruction easements; however, the number, and thus the cost, is
not fixed at this time. The fees for this additional service will be negotiated with
the Town after completion of the design stage of the work.
01/03/01 3:32 PM
Page 6 of 7
Eaglebend Drive & Stonebridge Road
Streetscape & Street Improvements Proposal
January 3, 2001.
Phase V - Construction Administration
When Construction Documents are complete, IME's team would be pleased to
assist the Town any desired construction contract administration services. Under
the basic scope of services, IME staff will aid the Town staff with the pre-bid
conference, addendums, evaluation of construction bids, and the pre-
construction meeting.
Although it has not been included in the basic scope of work, IME staff could also
provide the Town with services related to construction survey, clarification of the
plans and specifications, review-of requested changes and corrections, periodic
field visits, construction quality control and construction contract administration
during construction. Finally, IME staff could perform a survey of the completed
project and produce of as-built drawings of the completed project. All such extra
services, if desired, can be provided for additional fees (to be negotiated when
the ;project is ready for construction).
Fee.
The estimated fee for the proposed basic services is $37,510.00. We will not
exceed this fee without prior approval. Our fees are detailed as follows:
1. Information Gathering $ 8,810.00
2. Preliminary Design and Plans $12,265.00
3. Final Construction Document Preparation $10,615.00
4. Construction Administration $ 1,837.50
5: Reimbursable Expenses $ 532.50
6. Sub-Consultant Charges $ 3,450.00
TOTAL $37,510.00
A'spreadsheet, which indicates the projected time devoted to each stage of the
work, is also enclosed.
The services are inter-related: The total fee is broken down into tasks solely to
facilitate communication of the scope of work and the preparation and approval
of progress billings.
Hourly rates for all services are listed in the attached fee schedule.
Revisions in the scope of services or extra engineering required by the Town
(except for minor or insignificant changes) may necessitate changes to the plans
01/03/01 3:32 PM
Page 7 of 7
Eaglebend Drive & Stonebridge Road
Streetscape & Street Improvements Proposal
January 3, 2001
and an associated increase in the cost of the services. All work outside the
described scope of work will be billed at the normal billing rates for the individuals
assigned to the project. IME will . not perform out-of-scope work without
authorization from the Town.
Conclusion ---? -
This proposal is written in response to your request. The proposal includes an
overview of our approach to the project to demonstrate our understanding of the
scope of services requested, our fee schedule, and a cost estimate for the basic
services.
We feel that our combined experience makes the IME team an ideal candidate to
provide the surveying, design and construction services for the Eaglebend Drive
and Stonebridge Road Streetscape and Street Improvements. We look forward
to working with the Town of Avon on the project.
Thank you for your consideration,
Sandra E. Mendonca, P.E.
Project Manager
Please acknowledge your consent to this proposal/agreement by signing below
and returning one copy to us.
By
Enclosures
Date
01/03/01 3:32 PM
Government Resource Series to OPEN SERIES Financial and Revenue Systems
Application Migration Agreement for Avon, CO
Note: This document refers only to the Govermnent Resource Series applications which
are being replaced by the OPEN SERIES. Any new OPEN SERIES applications, which
are being purchased, will be covered under Pentamation's Agreement for Software License,
Sale and Installation of Equipment and Support and Maintenance Services.
1. Software License
A. SunGard Pentamation Inc. ("Pentamation"), grants to Customer and the Customer
accepts, a non-transferable and non-exclusive license to use the computer software
programs listed in Attachment E of this Agreement on Customer's computer
system(s) as identified on Attachment H. The licensed software programs and related
written materials are hereinafter collectively referred to as the "Licensed Systems".
Unless the source code is purchased by Customer under the terms of this Agreement,
this license is for the use of object code programs only. The Licensed Systems may
not be used to process data for any person or entity other than Customer.
B. The functions and features of the software are defined by the Pentamation
Application Software Specifications and the Pentamation Application Program User
Manuals. If applicable, Pentamation's responses to an application software
specifications section of a request for proposal represent its best professional
judgment in response to the Customer's stated software requirements. However, there
is the potential for multiple interpretations of the Customer's stated requirements.
Pentamation's Specifications and User manuals contain a detailed description of the
features and functions of the software, and therefore, will serve as the sole source of
software capabilities and fitness for any particular purpose.
C. Pentamation Application Program User Manuals shall be provided to Customer on
CD-ROM. Customer may make unlimited printed copies of such manuals for
Customer's own internal uses.
D. If Pentamation develops additional releases of the Licensed Systems which
incorporate changes and enhancements, it will make such new releases available to
Customer under the terms of its Application Software Maintenance Support Services
as set forth in Attachment E.
E. Customer recognizes that the Licensed Systems are confidential and trade secret
property which is proprietary to Pentamation. Customer, its agents, employees and
1
Version 1.3
representatives shall not make available or disclose in whole or in part, any
Licensed Systems, including flowcharts, logic diagrams and program code, to any
third parties. Licensed Systems which are provided by Pentamation may be copied
by Customer for backup purposes only and Customer shall not otherwise print,
copy or duplicate the Licensed Systems. Customer will take reasonable steps to
protect the security of the Licensed Systems and will inform all employees, agents
and representatives who utilize the Licensed Systems of this requirement.
Customer may not assign, timeshare, rent, reverse engineer, disassemble, de-
compile, reverse translate, or otherwise decode the licensed systems.
F. Within thirty (30) days after the date of discontinuance of the license granted under
this Agreement, the Customer shall return to Pentamation the original and all copies
of the Licensed Systems and the related written materials. The Customer may retain
a copy for archival purposes only, subject to the provisions in paragraph LE above.
II. Licensed Systems Scheduling and Sequencing:
Financial Applications
Fund Accounting
(Includes budget and Purchasing)
Human Resources
(includes payroll and personnel)
Implementation Timing
beginning of cycle
beginning of a quarter
Scheduled Live Date
to be determined
to be determined
Revenue Applications Implementation Timing Scheduled Live Date
Cash Receipts beginning of a cycle to be determined
Accounts Receivable beginning of a cycle to be determined
Note: Failure to complete any of the steps listed below in a timely manner may
result in a delayed implementation schedule.
III. Services to be Provided by Pentamation:
A. Data Conversions
Costs associated with the data conversions are listed in Attachment A.
1) Pentamation will provide standard data conversion programs as described in
Attachment A. Any custom database changes, modifications or additional
data conversion programs will be considered for programming at
Pentamation's standard hourly programming rate of $150 per hour. Requests
2
Version 1.3
for additional conversion programming should be forwarded to Pentamation
on the Request for Custom Programming Enhancement form. See attached.
2) For financial applications, Pentamation will provide documentation and
procedures to run the standard conversions and verification reports in order
for the data conversion to be processed by the customer.
3) For Revenue and Land Management applications, Pentamation will run the
data conversion process, due to the complexity of these database structures.
B. State Requirements
1) Pentamation will provide software to meet the following state requirements
using data which is supported within the baseline Human Resources
application software:
Colorado State Withholding
y Colorado Quarterly Wage Report
v Colorado State Unemployment Insurance Report
C. Training
The cost associated with application training is detailed in Attachment B.
1) Pentamation will provide application training as described in Attachment B.
D. Documentation
1) Pentamation will provide standard application software documentation in PDF
(portable document format) on CD-ROM.
E. Custom Programming/Reports
Custom programming modifications can be developed for a fee and will be
addressed as follows:
1) Upon receipt of the detailed requirements for a custom modification or custom
report on a custom programming request form, Pentamation will provide a
preliminary estimate of the cost.
3
Version 1.3
2) Upon approval of the preliminary estimate, Pentamation will provide detailed
specifications and a fixed cost estimate.
3) Upon receipt of approval on the detailed specifications, Pentamation will
schedule the project for completion.
4) Pentamation will code and test the modification using test data.
5) Pentamation will install the modification in a test environment on the
Customer's machine.
6) When Customer testing is complete, Pentamation will move the modification
to the production environment.
F. Migration Analysis and Coordination
Migration analysis and coordination services will be provided at a cost of
$20,000. These services will include the following:
1) Develop and review with customer a preliminary implementation plan for the
products and services outlined above.
2) Internal project coordinator of Pentamation implementation, custom
programming, engineering, and other staff resources.
3) Review and analysis of Government Resource Series and OPEN SERIES
comparative features and functionality.
4) Review, analysis, and detailed specifications of hardware and system software
requirements.
5) Provide a monthly ongoing progress report.
G. Hardware and Software Installation, Configuration, and Implementation
Hardware and Software installation, configuration, and implementation assistance
will be provided as described in Attachment F. These services include hardware
and operating system installation, on-site setup and certification and application,
Four-J's, and Cognos installation on up to sixteen PC's.
4
Version 1.3
H. Maintenance and Support
All of the Application Software Maintenance and Support services listed below will
be provided by telephone communication contact between Pentamation and
Customer for the costs listed in Attachment E. Customer will be responsible for all
data line telephone charges involved in providing Application Software
Maintenance and Support, and Pentamation will invoice Customer at cost.
1) Upon live operation of each application the maintenance rates in Attachment E
will become effective and the customer will be credited for maintenance paid
on the equivalent Government Resource Series application.
2) Provide standard product enhancements when and as the same are developed by
Pentamation; Pentamation shall distribute to Customer one copy of such
product enhancements or corrected programs. Customer shall be responsible for
incorporating such enhancements in each copy of the applicable Pentamation
Software.
3) Provide programming modifications mandated by changes to existing federal
and state regulations in effect as of the date of this agreement, for all reports and
associated processing that can be provided within the intended capabilities of
the product for the Payroll retirement and Payroll tax functions, and annual state
financial reporting using the Financial Report Generator, if applicable. Reports
will be provided that use data supported within the application software, and
they will provide all necessary data and totals required to complete government-
mandated forms. If required, programs to transfer data to tape media will be
provided.
4) Provide assistance to Customer in the use of the Pentamation Application
Software via telephone inquiries to Pentamation's designated software support
offices up to the maximum number of hours as listed in Attachment E.
Telephone support services are available weekdays, excluding holidays, during
normal business hours.
5) Investigate errors in the intended capabilities of Pentamation Application
Software upon receipt of notification from Customer and provide Customer
with an alternate procedure or programming modifications to correct errors.
Pentamation shall distribute to Customer one copy of such product
enhancements or corrected programs. Customer shall be responsible for
incorporating such enhancements in each copy of the applicable Pentamation
Software.
5
Version 1.3
IV. Customer Responsibilities:
A. Data Conversions
1) After the standard conversion programs, as described in Attachment A, are
provided, Customer will run the data conversion program at least 1 week prior
to training. Customer is responsible for verifying the accuracy of the data
converted.
2) It is the Customer's responsibility to load the Gover unent Resource Series
databases onto the new server for the data conversion. This can be
accomplished via network access or a compatible media device. Pentamation
is available to assist with this step at our standard hourly rate of $150.
3) Customer is responsible for notifying Pentamation when the conversion is
complete or if errors were encountered.
4) Some data entry will be necessary for information that is not converted. Some
examples of the types of data that would be manually entered include
summary journal entries for expenditures and revenues from the beginning of
the conversion cycle and adjusting entries from year-end for un-cleared
checks. The data will begin building on the new system from the live date
going forward.
B. State Requirements
1) Customer will verify that each state requirement is functioning properly in the
new product and where practical run the software in parallel mode comparing
the results of Government Resource Series to OPEN SERIES (e.g. Payroll).
Pentamation is available to assist with this step at our standard hourly rate of
$150.
C. Identification of Functional Requirements
1) Although the OPEN SERIES software applications are being used
successfully in a live environment at many customer sites across the country,
there is some functionality which was provided in the Government Resource
Series software which is not available in the new OPEN SERIES software.
See Attachment D for a list of these features. For your reference, Attachment
C lists features which are provided in OPEN SERIES software which were
not available in Government Resource Series software. The purpose of the
Customer identification of functional requirements is to verify that the
6
Version 13
software will meet all of your requirements and to identify areas which may
require procedural changes or custom modifications.
2) Customer acknowledges they have reviewed the list and notified Pentamation
of any issues. Customer will sign Attachment D noting any issues that were
encountered and return to Pentamation no later than 30 days prior to live
processing. In the event that Attachment D is not returned to Pentamation,
Customer acknowledges that there are no issues with regard to this item.
D. Training
1) Customer will identify the participants for each phase of training and assure
that the appropriate people attend each training session.
2) Financial training must include a parallel payroll run and a parallel accounts
payable check run. Some data entry will be necessary for information that
cannot be converted.
E. Custom Programming/Reports
Due to the design differences (database structure, program logic, etc.) of the
Government Resource Series and OPEN SERIES applications, previous
Government Resource Series custom modifications cannot be automatically
converted into the OPEN SERIES applications. If required, previous Government
Resource Series custom modifications can be rewritten for the OPEN SERIES at
a cost which will be identified and addressed as follows:
1) If program customization is requested for Financial and Revenue, Customer
will contract with Pentamation for two to five days of technical consulting to
determine the extent of custom modifications required. Consulting services
will be provided at our current hourly rate of $150.
2) Customer will be responsible to review current custom software and custom
reports to identify any custom modifications which will be required for the
OPEN SERIES product. Customer will provide Pentamation with written
detailed requirements on a Request for Custom Programming Enhancement
form, attached.
3) Customer will determine based on the preliminary estimate whether or not to
proceed with a custom modification. Return of the preliminary estimate
signoff is Pentamation's authorization to prepare detailed specifications.
7
Version 1.3
4) Customer will approve the detailed specifications indicating that the
modification proposed will meet the requirement.
5) Customer will test any modifications in a test environment within 30 days of
receipt to determine that the project performs according to the agreed upon
specifications. Note that this testing must occur in a test environment to
eliminate the possibility of causing data corruption with the newly written
modification.
6) The OPEN SERIES Systems use standard forms (such as checks, bills, etc.)
which are different from the Government Resource Series software. These
include:
Fund Accounting:
AP Checks
Purchase Orders
Human Resources
Payroll Checks
Accounts Receivable
Invoices
Statements
Customer must decide whether to request a custom modification so they can
continue to use the existing form stock or whether to use the OPEN SERIES
standard fonrlat. If a custom modification is required, the steps above should
be followed.
F. User Developed Reports
Due to the design differences (database structure, program logic, etc.) of the
Government Resource Series and OPEN SERIES applications, Customer will
need to rewrite any Government Resource Series user-defined reports that will be
required for the OPEN SERIES product. This includes but is not limited to IQ
and Ace reports. Pentamation resources can be made available to assist with this
effort on a time and materials basis.
8
Version 1.3
G. Software Products
1) Customer also will acquire from Pentamation any software products (such as
Infonnix, 4J's and Cognos - listed in Attachment G) required for the
implementation of the OPEN SERIES applications.
H. Maintenance and Support
1) The Customer will be responsible to provide internet access to the Customer's
computer equipment and a "superuser" system log-in account for Pentamation's
use in support of this Agreement.
2) The Customer will be responsible to provide a QIC or 4mm DAT drive which
will be used to install new software releases, updates, enhancements, etc.
3) Customer will be responsible for the costs of travel (airfare at coach class), and
related expenses for training and support provided by Pentamation to personnel
at Customer's location. Customer will make arrangements for lodging.
Pentamation will provide actual receipts for all expenses listed above.
4) Customer will contract for maintenance on the Informix software products
beginning with the effective date of the Informix license.
5) Customer agrees that if the Customer has application software changes or
screen changes made by non-Pentamation employees, this may affect
Pentamation's ability to perform its obligations hereunder or may result in extra
charges by Pentamation. Services necessitated by problems caused by
unauthorized Customer changes, acts of God, or Customer's improper use of the
systems or equipment, or other causes beyond Pentamation's control may result
in extra charges by Pentamation.
V. Payment and Billing
a. The Customer agrees to pay PENTAMATION the fee for products and services as
set forth in this Agreement.
b. The Migration Analysis and Coordination fee in item II.F. shall be invoiced upon
execution of this Agreement. 10% of the Migration Analysis and Coordination fee
will be withheld by the Customer and be invoiced upon live operations of all
Pentamation applications but no later than October 1, 2001.
Version 1.3
c. A down payment of 25% of the Software license fees in Attachment G shall be
invoiced upon execution of this Agreement. The balance shall be invoiced upon
delivery. 20% of the Pentamation software products in Attachment G will be
NA71thheld by the Customer and be invoiced upon live operations of all Pentamation
applications but no later than October 1, 2001.
d. A down payment of 25% of the Computer Hardware and Operating System fees in
Attachment H shall be invoiced upon execution of this agreement. The balance
shall be invoiced upon delivery.
e. Invoices not paid within thirty (30) days of the invoice date shall bear interest at the
rate of 1.5% per month beginning thirty (30) days from invoice date. This provision
does not apply to valid and legitimate disputes related to the delivery of products or
services brought to the attention of Pentamation within seven days of receipt of
invoice.
f. Installation, training and technical service invoices shall be submitted by
PENTAMATION as incurred, shall be paid within thirty (30) days of the invoice
date and shall bear interest thereafter as provided above.
g. Invoices for application software maintenance and support are due within thirty
(30) days of installation of the products on Customer hardware.
h. All taxes, except taxes based on the net income of PENTAMATION resulting from
the licensing or use of the Licensed Systems by the Licensee, including, but not
limited to, property, sales, or use taxes, shall be the sole responsibility of the
Licensee, and, where applicable, shall be added to PENTAMATION'S invoice.
VL General Provisions
a. Neither party shall be liable or deemed in default for any delay or failure in
performance of this Agreement resulting directly or indirectly from any cause
beyond the control of the party.
b. Pentamation warrants that it is the sole owner of or has full power and authority to
use the software to provide the services defined herein and that the use of the
programs by Customer will not violate or infringe upon any patent, copyright or
other proprietary right of any third person. Pentamation will indemnify and hold
Customer harmless from and against any loss, cost, liability, attorney fees and
expense arising out of the breach of the foregoing warranty.
c. Pentamation warrants that the software modules listed in Appendix A will function
as described in the then current user manual when shipped to the Customer. In the
event of a defect in a program, Pentamation's sole responsibility shall be to replace
10
Version 1.3
or correct the defective program without additional charge to Customer provided
the Customer is current on all payments to Pentamation in accordance with this
Agreement. The foregoing warranty does not apply to defects caused by equipment
or programs not supplied by Pentamation, where equipment used by Customer has
not been approved by Pentamation, where Customer has made unauthorized
changes to the programs or where Customer has given inaccurate information to
Pentamation concerning Customer's requirements.
d. The foregoing warranty is in lieu of all other warranties expressed or implied,
including but not limited to, the implied warranties of merchantability and fitness
for a particular purpose. Customer agrees that Pentamation's liability hereunder for
damages for failure to replace or correct a defective program, regardless of the form
of action, shall not exceed the charges paid by the Customer for the preceding
twelve months. This amount is the total from Attaclunent I of this agreement for
the first year and the amount paid by the Customer for Maintenance and Support for
subsequent years.
e. Pentamation shall not be liable to the Customer for any indirect, incidental or
consequential damages even if Pentamation has been advised of the possibility of
such damages.
f. If any part, term, or provision of this Agreement shall be held illegal,
unenforceable, or in conflict with any law of a federal, state or local government
having jurisdiction over this Agreement, the validity of the remaining portions or
provisions shall not be affected by such holding.
g. A waiver by Customer of any breach of any tenn, covenant, or condition contained
in this Agreement shall not be deemed to be a waiver of any subsequent breach of
the same or any other term, covenant, or condition contained in this Agreement,
whether of the same or different character.
h. Pentamation acknowledges the confidentiality of Customer's data, passwords and
other confidential and proprietary information of Customer. Pentamation shall take
all reasonable steps to safeguard such confidential information and shall not use or
disclose the same, except in connection with its obligations hereunder.
11
Version 1.3
Town of Avon, CO SunGard Pentamation Inc
By: By:
Judy Yoder Donald V. Appleton
Mayor President and Chief Operating Officer
Title Title
January 2, 2001
Date Date
12
Version 1.3
Attachment A
Government Resource Series Migration to OPEN SERIES Systems
Data Conversion Costs
Our approach to file conversion is that it be performed with a combination of
Pentamation provided programming services and data entry. The major data files can be
converted with the remainder of the smaller application files being entered directly into
the system._ _Additional data conversions or Pentamation assistance with running the
conversion is available based on a rate of $1,000 per day. All conversions will be run by
the Customer.
Financial Applications
Applications/Files File Build Method Cost Training Phase
Budget Preparation:
Organization Chart Pentamation will provide an extract $1,700 Budget Phase 1
Account List program to pull information
Project List from GRS Fund Accounting and
Expenditure Ledger build PE3.0 budget files.
Revenue Ledger " "
Project Ledger
Fund Accounting:
rgaiiization Chart Files will be built when information
Account List is posted from Budgeting
Project List "
Expenditure Ledger "
Revenue Ledger "
Project Ledger "
General Ledger Pentamation will provide a convert $1,600 Fund Accounting Ph 2
and update option
Vendor File Conversion Program $1,300 Fund Accounting Ph 1
(including user-defined fields to
user-defined screens)
Human Resources:
Demographic Conversion: $2,000 Payroll Phase 2
Reference Tables Conversion Program
(does not include Pay Code or Range/Step Table)
Employee File Conversion Program
Person File Conversion Program
Payroll File Conversion Program
User-Defined screens Conversion Program
Pay Rate File Data Entry Recommended
13
version 1.3
Deduction File Conversion Program $800 Payroll Phase 2
YTD Earnings, Deduction
and Leave Balance Conversion Program $800 Pa}aoll Phase 3
Payroll Interface Program to link GRS Payroll $1,500 Payroll Phase 3
Interface into OS Fund
Accounting or OPEN SERIES
Payroll to GRS Fund Accounting
Total Conversions: $ 9,700
Conversion Costs are based on the following Assumptions:
Organization Table Conversion Options
Convert the identical organization chart structure from the Government Resource Series into
Budget Preparation in OPEN SERIES. This assumes you will be retaining your six character
key organization. Conversion costs are based on the customer running the data conversion
programs and verifying the converted data. Additional costs will be incurred if Pentamation
runs the conversions. Custom fields in the Government Resource Series database may
require a custom conversion at an additional cost.
Retain your current six character key organization, but rather than a data conversion, key the
new organization chart during training. This eliminates the need for a conversion.
The OPEN SERIES accommodates a 16-digit key. You may want to consider expanding or
changing your current structure. The OPEN SERIES accommodates level by level totaling.
We encourage you to discuss the options available if you change the structure. Data entry
during training would then eliminate the need for a conversion.
• For all Financial applications, transactions and history will build on the new
system and will not be converted.
• For Revenue applications, history will be converted when needed for billing
operations otherwise, it will build on the new system with customer use and
will not be converted.
• For Revenue/Land Management applications, conversion costs are based on
the conversion of one set of data for each application. Additional costs will
be incurred if Pentamation must convert data retained in separate directories
or offline.
• Conversion timing is based on the standard implementation schedule.
• Any files which are not specifically listed in this document will require data
entry or will build as the system is used.
14
Version 1.3
Attachment B
Government Resource Series Migration to OPEN SERIES Svstems
Recommended Training
Financial Applications # of days Cost
Implementation Planning -TF-- $2-, OTU
System Management 1.0 1,000
Human Resources: 10.0 10,000
(includes payroll and personnel)
Fund Accounting (Includes: 8.0 8,000
Budget Prep. & Purchasing)
Revenue Applications
as Receipts 1.0 1,000
Accounts Receivable 2.0 2,000
Report Writer
ognos 2.0 $2,000
Total Training 26.0 $26,000
Notes:
These are the recommended training days for a new customer to implement the above application software.
Typically the actual number of training days required are lower than estimated and will be determined upon
completion of the application overviews which will be provided in the implementation process.
The training fee for the above Financial and Revenue applications are at standard rate per day plus travel
related expenses. Any training required beyond those days indicated above will be performed at the standard
rate. Training day counts are based on a maximum class size of 16 individuals (eight terminals with two
individuals per terminal).
The OPEN SERIES Revenue System software standard training day counts have been adjusted based on the
assumption that we will be training personnel familiar with earlier versions of the software. Additional
training days may be necessary if you are training new staff.
Training days are based upon an eight hour day, which includes setup time.
Should additional daily time be needed for implementation assistance beyond the standard eight hour day,
this can be scheduled with the trainer for the standard training rate of $150/hour.
Any training required beyond those days indicated above will be performed at the then standard per diem or
hourly training rate.
Any training specified in this Agreement which is required or requested beyond eighteen months from the
date of the Agreement will be performed at the then standard per diem or hourly training rate.
15
Version 1.3
Attachment C
Vi=e, fuTrf-,? 1? CJ'_',*,k, ff'1 170.7 "S'OT AI? Co-c,,-r-1-c rt Vc`c uj cc ref les
Financials - General
1. Single database
2. Improved Security (views)
3. Menu Manager - add custom features
4. Reports to screen, file, printer or alternate printer
5. Improved user-defined screen
6. Optional graphical presentation
Human Resources
1. Tiered deductions
2. Savings bonds
3. Future changes
4. Encumber salaries
5. Full Time Equivalents (FTE's)
6. Employee Worksheet ("what if' scenarios)
7. Second pay check per employee in same run
8. Range - 99 steps
9. Certifications
10. Leave rollover limit
11. Ten leave banks
12. Up to 20 pay_rates per employee
13. Separate FICA and Medicare fields
14. Can search timecard by employee name
15. Check location code
16. Multiple taxing options on timecard
17. Attendance tracking
18. Calendars used for attendance checking
19. Query on any field of employee screens
20. Separate city, state fields on employee record
21. Manual check refund over-withheld taxes, deductions
22. Automated salary increase option
23. Tracks annual salary
24. Employee deduction summary screen
25. Streamlined pay run including stored pay run information
26. Payroll job stream reports can be run in background
27. Payroll job stream reports indicate check date, pay number, and employee number on each report
28. Security on individual employee screens
29. Pay rate history
30. Seniority screen
31. Improved 941 report format
32. Monthly deduction register by vendor
33. Accrue comp time by user-defined factor
34. Print a check register including manuals and voids
35. Redistribute salary charges
36. Print organizational charge and benefit charge reports selectively by pay run
16
Version 1.3
Applicant Tracking
i. iiegrees
2. Job history
3. Interviews
4. Two applicant addresses
Fund Accounting
1. Organization - 10 levels
2. Year specific Organization Chart
3. 16 characters for lowest level of organization
4. Organizational levels need not be hierarchical
5. Optionally pre-encumber requisitions
6. Multiple payable addresses
7. AP Checks by Invoice, PO, Batch
8. JE Report
9. Batch budget transfer
10. Optional user-defined account entry window
11. Delete inactive vendors
12. Clear checks by date
13. Document control number
14. Prior year organization field
15. Vendor address - separate city, state fields
16. Use tax functionality for vendor payments
17. Override vendor number auto-assign
18. Vendor by commodity class
19. Designate employees as vendors
20. Discount report
21. Additional control accounts in profile
22. Vendor Audit report
23. Close to Fund Balance
24. Ability to lock database during check processing
25. User specified sort and totals on some reports
26. Option - "warn" or "require" receipt of goods prior to payment
27. Fixed Assets interface includes check number
28. Automatic "inter-fund" balancing of JE's
29. User select default of partial/final flag in AP entry
30. Additional security resource to add or delete a vendor
31. Control overpayment of an invoice by a percentage and/or an amount
32. Detailed warehouse charge option in expenditure audit trail
33. Link organizations to a project
34. Inactivate expenditure accounts
35. Option to start "new year" journal entries with a user-defined number
36. Allow system to automatically assign number to budget transfers and start new year with a user-
defined number
37. Option to default vendor, invoice number, invoice date, and due date from previous transaction
within no PO payment menu selection
38. Ability to disallow by yes/no flag the usage of the account in requisition/PO charges, payroll
charges, and warehouse charges
39. Automatically record system-voided checks and reflect all voided checks in AP check register
17
Version 1.3
Purchasing
1. Commodity table - bid information
2. Two alternate approvers
3. Item approval
4. Can add items to existing PO
5. Next year requisitions and PO's
6. Improved query capability
7. Specify fixed assets by account range
8. Location code or organization for approval
9. Change vendor on PO
10. Print date of change order on the change order
11. Reprint purchase order with change order information included - optional
12. Modify unit of measure and stock number in change option
13. Support a separate auto-number series for next year PO's
14. Integrate change orders in reports and displays
15. Distribute requisition, PO, and change order items by quantity
16. Vendor quotes
17. Option - set length of requisition and PO numbers and zero fill
Budget Preparation
1. Ability to freeze at a defined level - Department, Recommended and Approved
2. User specified sort on some reports
Fixed Assets
1. No items identified
18
Version 1.3
Attachment D
6'?:?? CC series 1VOT in OPEN SERI ES
This list is provided for your information and to assist you with determining areas of the
software which may need to be included in your testing. We have attempted to identify
features that we provided in the standard Government Resource Series software which are
not included in OPEN SERIES applications. There may be additional features which have
been overlooked.
Human Resources
1. Short Time Card entry
2. Overtime Analysis report
3. Financial Interface in Detail Mode (Detail distribution file maintains detail but posts to financials in
summary mode.)
4. Unlimited number of special pay codes for an employee (California only).
5. Unlimited number of exempt deduction codes on the pay code table (California only).
Fund Accounting
1. Expenditure comparison report - sort window
2. Revenue and Expenditure Status Query - summarize
3. Discount balance on encumbrance screen
4. Pooled Cash Ledger
5. Ability to close a period and/or year
6. Ability to exclude accounts with zero balances on reports
_7. Ability to roll purchase orders to "R"eserve accounts
Purchasing
1. PO Type field
2. Distribution table on Requisitions and POs
3. Commodity table - taxable flag, asset flag, search name, account and project account
4. Vendor on each line item of requisition
5. Store vendor product code
6. Requisition and Purchase Order Allocation report
7. Summary mode for PO posting
8. Blanket PO
Fixed Assets
1. No items identified
Acknowledgement:
19
Version 1.3
Attachment E
Software Maintenance and Support
Pentamation Application Software Maintenance and Support will be provided to Customer
when the Customer begins processing data using the Application.
Pentamation Application Software Maintenance and Support will be provided by
Pentamation to Customer for the charges as shown below. The fee for this service varies by
Pentamation Application, a cumulative number of support hours provided per year for the
contracted fee as indicated below. Should the total number of Support hours be exceeded in
any one year, additional Support Service may be provided at Pentamation's then current
hourly rates.
The period for the rendering of these services shall be annual and shall be automatically
renewed for an additional year unless either party gives at least sixty (60) days prior written
notice to the other that such maintenance and support services are not to be renewed.
Financial Applications Year 1 Maint. Fee Hours
Fund Accounting $3,060
(Includes Accounts Payable,
General Ledger, Purchasing,
Revenue Tracking, and Budget)
Human Resources 1,620
(Includes Payroll, Personnel, Applicant and Attendance)
Revenue Applications
Cash Receipts 630
Accounts Receivable 720
Total $6,030 60
20
Version 1.3
Attachment F
Installation Services
Software
System set-up, burnin and test in Bethlehem... install and
Certify system and network on customer site
Installation and Setup NT/TSE and Metaframe on server
Installation and Setup Optio on server
Installation and Setup Optio per printer
Installation and Setup of Applications
Installation and Setup of Informix
Installation and Setup of Four J's
Installation and Setup of Cognos
Installation and Setup Metaframe, Four J's, Cognos on (16) PC's
Windows NT/TSE and Citrix training 1-4 students in Bethlehem
Total:
Cost
$7,500
3,000
1,000
100
1,500
2,000
1,000
1,000
1,200
11 nnn
$21,300
21
Version 1.3
Attachment G
Software PI-Coucts
Third Party Products
D,,crrintinn
Cost Year 1 Maint.
Four J's Graphical Compiler $6,000 $1,080
Four J's Graphical Users (1o) 2,200 396
Cognos Report Writer* 6,030 1,508
Total: $14,230 $2,984
*Includes (])Ad ministrator, (5) Development Plus and (10) Runtime Users
Pentan:ation Products
Description Cost Year 1 Maint.
Accounts Receivable 4,000 720
Total Software Products: $ 18,230 $ 3,704
22
Version 1.3
Attachment H
Discount Qty. Description TYPE AMC Unit Price Line Total
Application Windows NT Server
0.00000% l 161152-001 Compaq Prol-iant MI-530 Model MI-530T01 4,699.00 4,699.00
X] 000 - 256 KB, 1281\113 Memory
0.00000% 1 ]28283-001 Pentium III Xeon 1000/256 processor 1,782.00 1,782.00
0.00000% l ]24992-1321 Smart Array 5302/64 Controller 1,710.00 1,710.00
0.00000% 3 ]28278-1321 256-MB PC]331\9hz SDRAM DIMM Memory 711.00 2,133.00
0.00000% 2 128279-1321 512-5113 PC]331\4hz SDRAM DIMM Memory 1,945.00 3,890.00
0.00000% 5 142671-1322 9.1GB Pluggable Wide-Ultra SCSI Hard Drive-10K 453.00 2,265.00
0.00000% 1 157769-1322 Internal 20/40 GB DDS-4 DAT Drive 1,080.00 1,080.00
0.00000% 1 128288-001 Hot Plug Drive Cage 648.00 648.00
0.00000% 1 ] 28286-1321 Hot Plug Redundant Power Supply 324.00 324.00
0.00000% 1 ]28284-1321 Redundant Fan Kit 162.00 162.00
0.00000% 1 168636-005 N1510 Color Monitor 213.00 213.00
0.00000% 1 FN1-1\114HR-60 Warranty Uplift 5-years C E paq 3,560.00 3,560.00
0.00000% 1 ARCServe NT WorkGroup CD 695.00 695.00
0.00000% 1 ARCServer NT Open Files Agent 795.00 795.00
0.00000% 1 ARCServe NT Disaster Recovery Agent 695.00 695.00
0.00000% 1 063-00331 Open Windows NT /TSE License 610.00 610.00
0.00000% 1 063-00299 Windows NT/TSE Media 50.00 50.00
0.00000% 25 A02-00124 Open Windows NT/TSE V4.0 CAL 83.00 2,075.00
0.00000% 1 ECMET10015-5 MetaFrame/Enterprise - 15 Users PEI Phn 3,600.00 5,995.00 5,995.00
0.00000% 2 EIV1'FUL17005 MetaFrame User License Pack - 5 User 995.00 1,990.00
0.00000% 1 Diagnostic Support Package PEI Opt 300.00 2,000.00 2,000.00
Licenses
0.00000% 1 1-57231-344-7 Windows NT Server V4.0 Resource Kit 150.00 150.00
0.00000% 1 254-0009 Microsoft Visual C++ Pro V6.0 W9X/NT STD 109.00 109.00
0.00000% 1 077-01276 Access2000 339.00 339.00
0.00000% 1 Optio DCS V2.0 PEI Phn 720.00 3,000.00 3,000.00
0.00000% 1 Optio Design Studio Reguires 64NIB Memory/100mb disk space 1,000.00 1,000.00
Note: Optio requires compatible Laser Printer
Freight and Insurance
0.00000% 1 Freight and Insurance 1,000.00 1,000.00
TOTAL $4,620.00 $42,969.00
23
Version 1.3
Attachment I
Cost Summary
Migration Analysis and Coordination
Software Installation, Configuration and Setup
Data Conversion
Training
Software Products
Hardware and Operating System
Total:
$20,000
21,300
9,700
26,000
18,230
A? q(9
$138,199
24
Version 1.3
tEQUEST FOR CUSTOM SOFTWARE ENHANCEMENTS'
ORGANIZATION: DATE:
YOUR NAME: PHONE:
SOFTWARE APPLICATION: FAX:
PEI TRAINER E-MAIL:
PRODUCT AREA:
? Education Student Education Financials 7 Government Financials ? Government Revenue
ALL requests for software modifications must be in writing on this request form. Please be specific with a
detailed description of the modifications needed, and any additional items as explained in the guidelines on
the accompanying page. Include additional pages if necessary.
DESCRIPTION OF REQUEST:
FOR PENTAMATION USE ONLY
Project Description Days Cost
Requested Completion Date:
Reason for Date:
NOTE: This is not a commitment date. Our best effort will be made to accommodate the requested
completion date.
REQUEST PROCESSING:
Pentamation will provide a preliminary estimate briefly describing the intent of the project request. Our goal is to provide this
estimate within two weeks upon receipt of the initial request. Once reviewed, this preliminary estimate must be approved and will
authorize Pentamation to proceed with detailed specifications at a cost of 25% of the upper range of the preliminary estimate. Upon
receipt of this approval, a detailed specifications document will be provided describing the design and development necessary for
project completion. The specifications must be reviewed, approved, signed, and returned to Pentamation for processing. Upon
receipt of the signed detailed specification approval (including purchase order number), the project will be scheduled. The standard
charge includes the detailed specifications document, program coding and development, testing and verification, installation of final
project, and user documentation written by the programmer.
25
Version 1.3
GUIDELINES FOR SUBMITTING REQUESTS
FOR CUSTOM PROGRAMMING ENHANCEMENTS
PRE-PRINTED FORMS
• If the output is to be printed on a pre-printed form, please include a blank copy of an original
form as well as one that has been completed. Please do NOT send a photocopy, since
photocopy machines tend to distort the actual form layout. If an original form is unavailable,
please send an acetate or "blue line" from the printing company.
REPORTS
• Send a sample report or layout on a separate sheet. Specify the type of printing method to use
(e.g. laser or impact). Clearly define all totals and subtotals. Describe each field on the report
including where the data comes from, how the field is calculated, and the format of the field.
For example, "print the birthdate in the format mm/dd/yy". Please include any special edits or
verification processing needed. For example, "print the first 20 positions of the department
name".
• Identify the selection criteria needed, and all fields for sort orders, breaks, and totals. For
example, the statement can read, "Report on any department or all departments. Sort the report
by department and then alphabetically by employee name. Print totals for the identified
columns and skip to a new page when the department changes, with department totals for
salaries and deductions."
• All reports are formatted by default for six (6) lines per inch with 66 lines per page. If the report
requirements are different, the new page dimensions must be provided.
• For the state-mandated reports, include a copy of an actual report to be submitted to the state.
Include all documentation as provided by the state. Indicate how records are identified for
inclusion or exclusion. For example, "Retirement report should contain only those employees
with a deduction of "RET" and a YTD amount not equal to zero."
SCREEN CHANGES:
• For screen modifications, include a printed copy of the existing screen, complete with notations
as to what revisions are required. If a new maintenance screen is needed, please provide a draft
of how the screen should appear, complete with field descriptions and formatting needs.
CALCULATIONS
• Explain in detail how calculations should be accomplished, including examples for clarification.
For state-mandated requirements include all documentation provided by the state. If the state
accepts more than one calculation method, Pentamation may only support one method. If there
is a preference as to which calculation method to use, please indicate such for consideration as
to which method will be supported.
MAGNETIC MEDIA
• Include all documentation provided by the intended recipient. This should include
character/data format, header/data record layout, blocking factor, and type of media (tape,
diskette, or electronic transfer). NOTE: If tape media is required, Pentamation will only
support unlabeled tapes.
Version 1.3
Memo %
December 7, 2000
t`
To: Meryl
From: Sarah^?'?`? ?J
RE: ASCAP music license agreement
Summary
Attached please find the agreement between ASCAP and the Town of Avon for
concert 5ervice5 for 2001.
Recommendation
I recommend that Council approve and Sign the attached agreement for
concert 5ervice5 in the amount of $175.00
Town of Avon • P.O. Box 975 • Avon, CO 81620 . 970-748-4032
aM=
Rl?
AS CAP
TOWN OF AVON
P.O. BOX 975
AVON, CO 81620
Re: Account #: 08-05-008609-2
Dear Customer:
November 30, 2000
Over the last year, ASCAP has met with industry leaders and representatives of many of the trade associations representing
the concert promotion and presentation industry. These discussions were initiated because ASCAP's concert and recital
license agreement (including its accompanying rate schedule) has been in place for nearly two decades and no longer
reflects the contemporary business model and economics of the concert industry or the increased value of the ASCAP
repertory. The discussions have resulted in the development of a new license agreement for the concert industry, which we
are pleased to make available to you now.
Accordingly, as provided in paragraph 1.(c) of the concert and recital license agreement between us, this letter is notice that
your license will terminate on the last day of its current term, that is the day before the anniversary date of your license
agreement.
The following is important information on the new license agreement
• Your new license becomes effective on the date set forth in paragraph 1. of the new agreement. For concerts you
present before July 1, 2001, you will continue to pay the fees you paid under the rate schedule in the current agreement.
• The new rate schedule is based upon the revenue derived from the concert or recital, rather than the seating capacity of
the venue. The new rate schedule becomes effective July 1, 2001 and will apply to all concerts presented after that
date.
• There is a special rate schedule for free and benefit events.
• Reports will now be due quarterly rather than monthly, again beginning July 1, 2001.
Enclosed with this letter are ASCAP's new Concert and Recital License Agreement and Rate Schedule. Please sign and
return the enclosed license agreement so you can continue to benefit from using ASCAP members' music lawfully at your
events. We will return an executed copy for your file. Please note that you must submit the following outstanding reports
and payments due under the current agreement before you can enter the new license: 10/2000 - 12/2000
We realize that your time is very valuable and that important matters, such as this, are sometimes overlooked. However,
your authorization to perform music in the ASCAP repertory will expire soon, so time is of the essence. For additional
information on the license or your anniversary date or if you need report forms for your current license, please call us toll-
free at 800-505-4052 or visit our website at www.ascap.com.
Sincerely,
Ben C. Berry
Certified Mail Return Receipt Requested
Enclosures: License Agreement, Rate Schedule, Brochure, Disclosure Statement (where applicable)
AT - CONB
AMERICAN SOCIETY OF COMPOSERS AUTHORS & PUBLISHERS
2690 Cumberland Parkway, Suite #490, Atlanta, GA, 30339
(800) 505-4052 Fax: (770) 805-3410
A S C A P
DISCLOSURE STATEMENT
This is notice that, in compliance with Title 6 of the Colorado Revised Statutes,
§ 6-13-103, you are entitled to receive the following information:
(a) A description of the rules and terms of royalties required to be paid under a
contract requiring the payment of royalties by a proprietor to a performing rights society such as
the American Society of Composers, Authors and Publishers (ASCAP);
(b) A schedule of the rates and a description of the terms.of royalties required to
be paid under agreements executed between you and ASCAP; and
(c) Information concerning how to obtain a current list of the copyright owners
represented by ASCAP and the works licensed under the contract. Such list shall be made
available within 14 days by electronic means. A proprietor may be charged for such list an
amount which is not in excess of the actual cost incurred by ASCAP for providing such list.
The information provided for in (a) and (b) above is set forth in the ASCAP license
agreement which you have been offered. Information concerning the "list" referred to in (c)
above can be obtained by contacting Bonnie King at ASCAP's offices in Atlanta, ASCAP, 2690
Cumberland Parkway, Suite 490, Atlanta, GA 30339 (1-800-450-4223).
Failure on ASCAP's part to provide the information set forth in (a), (b) and (c)
above shall make ASCAP subject to the penalty provisions set forth in Title 6 of the Colorado
Revised Statutes, § 6-13-104.
AMERICAN SOCIETY OF COMPOSERS, AUTHORS & PUBLISHERS
2690 Cumberland Parkway Suite 490 Atlanta GA 30339
770.805.3400 Fax: 770.805.3410
CONCERTS AND RECITALS - BLANKET LICENSE AGREEMENT
Agreement between American Society of Composers, Authors and Publishers ("ASCAP"), a New York
membership association, located at 2690 Cumberland Parkway, Suite 490, Atlanta, GA 30339 and TOWN OF
AVON ("LICENSEE"), located at P.O. BOX 975 AVON, CO as follows:
1. Grant and Term of License
(a) ASCAP grants and LICENSEE accepts a license to perform publicly or cause to be performed publicly at
concerts or recitals ("concerts") in the United States presented by or under the auspices of LICENSEE, and not
elsewhere or otherwise, non-dramatic renditions of the separate musical compositions in the "ASCAP repertory."
For purposes of this Agreement "ASCAP repertory" means all copyrighted musical compositions written or
published by ASCAP members or members of affiliated foreign performing rights societies, including compositions
written or published prior to or during the term of this Agreement and of which ASCAP has the right to license non-
dramatic public performances.
(b) This license shall be for an initial term commencing March 15, 2001 and ending December 31 of the same
calendar year, and shall continue thereafter for additional terms of one year each unless either party terminates it by
giving the other party notice at least 30 days before the end of the initial or any renewal term. If such notice is given,
the license shall terminate on December 31 of the year in which notice is given.
2. Limitations on License
(a) This license is not assignable or transferable by operation of law or otherwise, except upon the express
written consent of the parties, but no assignment shall relieve the parties of their respective obligations as to
performances rendered, acts done and obligations incurred prior to the effective date of the assignment.
(b) This license is strictly limited to the LICENSEE and to the premises where each concert is presented, and
does not authorize any other performances other than those given at the premises as part of licensed concerts. This
license shall not cover concerts for which the information required under paragraph 3. of this Agreement has not
been provided.
(c) This license does not authorize the broadcasting or telecasting or transmission by wire, internet, webcasting,
on-line service or otherwise, of renditions of musical compositions in ASCAP's repertory to persons outside of the
premises where each concert shall be presented.
(d) This license is limited to non-dramatic performances, and does not authorize any dramatic performances.
For purposes of this agreement, a dramatic performance shall include, but not be limited to, the following:
(i) performance of a "dramatico-musical work" (as hereinafter defined) in its entirety;
(ii) performance of one or more musical compositions from a "dramatico-musical work" (as hereinafter
defined) accompanied by dialogue, pantomime, dance, stage action, or visual representation of the work
from which the music is taken;
(iii) performance of one or more musical compositions as part of a story or plot, whether accompanied or
unaccompanied by dialogue, pantomime, dance, stage action, or visual representation;
(iv) performance of a concert version of a "dramatico-musical work" (as hereinafter defined).
The term "dramatico-musical work" as used in this agreement, shall include, but not be limited to, a musical comedy,
opera, play with music, revue, or ballet.
(e) This license does not authorize the performance of any special orchestral arrangements or transcriptions of
any musical composition in the ASCAP repertory, unless such arrangements or transcriptions have been
copyrighted by members of ASCAP or foreign societies which have granted ASCAP the right to license such
performances. ASCAP reserves the right at any time to restrict the first American performance of any composition
in its repertory.
(f) ASCAP reserves the right at any time to withdraw from its repertory and from operation of this license,
any musical work as to which any suit has been brought or threatened on a claim that such composition infringes a
composition not contained in ASCAP's repertory, or on a claim that ASCAP does not have the right to license the
performing rights in such composition.
(g) This license does not authorize any performance by means of a coin-operated phonorecord player
(jukebox) for which a license is otherwise available from the Jukebox License Office.
(h) This license is limited to the United States, its territories and possessions and the Commonwealth of Puerto
Rico.
3. License Fees; Reports and Payments
(a) In consideration of the license granted herein, LICENSEE agrees to pay ASCAP the applicable license fee
for each concert presented based on the Rate Schedule, attached to and made a part of this Agreement.
(b) Fifteen days after the end of each calendar quarter of this Agreement, LICENSEE shall submit to ASCAP
a report in printed or computer readable form stating whether concerts were presented during the previous quarter.
For each concert presented during the previous quarter, the report shall state:
(i) the date presented;
(ii) the name of the attraction(s) appearing;
(iii) the name, location and seating capacity of the venue where the concert was presented (Where the
total seating capacity of a location has been altered to accommodate a particular performance, the term
"Seating Capacity" shall mean the total number of seats made available for that particular performance and
shall be so indicated on the report.);
(iv) the "Gross Revenue" of the event ("Gross Revenue" means all monies received by LICENSEE or
on LICENSEE'S behalf from the sale of tickets for each concert. Gross revenue shall not include per ticket
entertainment, amusement, or sales taxes, commissions or fees paid to automated ticket distributors, such
as "Ti cketm aster," per-ticket theatre restoration or other facility fees, or parking fees when included in the
ticket price.) Licensed Members may deduct from "Gross Revenue" the portion of the ticket price donated
by the performing artist to a specific charity, provided that the deduction may not exceed $5.00. The
Licensed Members shall furnish ASCAP with a copy of the artist agreement setting forth the exact amount
of the charitable donation per ticket sold;
(v) if the concert is a "Benefit Event," the name and address of the organization for which the benefit
is conducted. "Benefit Event" means a concert which is not exempt from copyright liability under Section
110(4) of the United States Copyright Law, and which is held to raise money for a specific, bona fide
charitable institution or cause, not affiliated in any way with LICENSEE, to which all the proceeds from
the concert, after deducting the reasonable costs of producing the concert, are donated. LICENSEE, upon
ASCAP's request, shall provide documentation of expenses and proof of payment to the institution or
cause;
(vi) the license fee due for each concert; and
-2-
(vii) the total license fees due for the previous quarter.
(c) License fees shall be payable at the time the quarterly report is submitted. The minimum annual fee shall
be payable within thirty days of invoicing by ASCAP.
(d) If LICENSEE presents. sponsors or promotes a concert with another person or entity licensed under
ASCAP's Concert & Recital License Agreement, LICENSEE'S quarterly report shall indicate the name, address,
phone number and ASCAP account number of the other person(s) or entity(ies) and the party responsible for
payment. If the other party is not licensed by ASCAP under an ASCAP Concert & Recital or Symphony Orchestra
License Agreement, LICENSEE shall pay the license fee due hereunder, notwithstanding any agreement to the
contrary between LICENSEE and the other party.
(e) If LICENSEE fails to submit a report or payment in a timely manner, ASCAP may calculate the fees due
from data provided by concert industry publications such as Pollstar or based upon fees payable in prior years.
(f) LICENSEE shall furnish to ASCAP, where available, at the same time payment of license fees is made a
program containing a list of all musical works, including encores, performed in each of LICENSEE'S concerts.
(g) LICENSEE shall pay a finance charge of 1.5% per month from the date due, on any required payment or
report that is not made or submitted within thirty days of its due date. LICENSEE shall pay ASCAP a $25 service
charge for each unpaid check, draft or other form of instrument submitted by LICENSEE to ASCAP.
4. Breach or Default
Upon any breach or default by LICENSEE of any term or condition herein contained, ASCAP may terminate this
license by giving LICENSEE thirty days notice to cure such breach or default, and in the event that such breach or
default has not been cured within said thirty days, this license shall terminate on the expiration of such thirty-day
period without further notice from ASCAP. In the event of such termination, ASCAP shall refund to LICENSEE
any unearned license fees paid in advance.
5. Right To Verify Reports
(a) Upon thirty days written notice to LICENSEE, ASCAP shall have the right, by its duly authorized
representatives, at any time during customary business hours, to examine the books and records of account and
program information of LICENSEE only to such extent as may be necessary to verify any and all reports rendered
and accountings made by LICENSEE to ASCAP. ASCAP shall consider all data and information coming to its
attention as the result of any such examination as completely and entirely confidential.
(b) The period for which ASCAP may audit pursuant to this Agreement shall be limited to three calendar
years preceding the year in which the audit is made; provided, however, that if an audit is postponed at
LICENSEE's request, ASCAP shall have the right to audit for the period commencing with the third calendar year
preceding the year in which notification of intention to audit was first given by ASCAP to LICENSEE. This three-
year limitation shall not apply if LICENSEE fails or refuses after written notice from ASCAP to produce the books
and records necessary to verify any report or statement of accounting required pursuant to this Agreement. Should
the three-year audit period extend into a previous license agreement, nothing herein shall restrict ASCAP's right to
audit for the full three calendar years preceding the year in which notification was given.
(c) If any such examination shows LICENSEE to have underpaid the license fees due ASCAP by 5% or more,
-3-
LICENSEE shall pay a finance charge on the license fees shown due of 1.5% per month from the date(s) the
license fees should have been paid pursuant to this Agreement.
(d) If any such examination shows LICENSEE to have underpaid the license fees due ASCAP by less than
5%, LICENSEE shall pay a finance charge on the license fees shown due of 1.5% per month from the date ASCAP
demands payment of such amount.
6. Additional Termination Provisions
(a) ASCAP shall have the right to terminate this license upon thirty days written notice if there is any major
interference with, or substantial increase in the cost of ASCAP's operations as the result of any law in the state,
territory, dependency, possession or political subdivision in which LICENSEE is located or in which LICENSEE
presents concerts which is applicable to the licensing of performing rights. In the event of such termination,
ASCAP shall refund to LICENSEE any unearned license fees paid in advance.
(b) Notwithstanding the provisions of Paragraph I.(b) above, ASCAP shall have the right to terminate this
Agreement at any time upon thirty days written notice provided that ASCAP terminates all Blanket Concert and
Recital Licenses at the same time.
7. Notices
ASCAP or LICENSEE may give any notice required by this agreement by sending it by United States Mail,
generally recognized same-day or overnight delivery service, or by transmitting the notice electronically to the
other party's last known facsimile number or e-mail (or similar electronic transmission) address. Each party
agrees to notify the other of any change of address.
8. Applicable Law
The meaning of the provisions of this Agreement shall be governed by and construed in accordance with the laws
of the State of New York, without regard to its conflict of laws principles.
IN WITNESS WHEREOF, this Agreement has been duly executed by ASCAP and LICENSEE on
AMERICAN SOCIETY OF COMPOSERS,
AUTHORS AND PUBLISHERS
By:
Title:
LICENSEE
By:
Title:
Fill in capacity in which signed:
(a) If corporation, state corporate office held;
(b) If partnership, write word "partner" under signature of signing
partner; (c) If individual owner, write "individual owner".
-4-
ASCAP BLANKET CONCERT AND RECITAL
. 2001 RATE SCHEDULE
For the period January 1, 2001 - June 30, 2001
The rates set forth in the Rate Schedule attached to and made a part of the ASCAP Blanket Concert and Recital
License Agreement between ASCAP and Licensee at the time the current term of that Agreement expires shall be
applicable for each "concert" presented between January I and June 30, 2001. An additional copy of that rate
schedule will be furnished upon Licensee's request.
For the period July 1 - December 31, 2001
Schedule I.
Seating Capacity Percentage Applied to
Low High Gross Ticket Revenue
0 2,500 0.80%
25501 53000 0.40%
5,001 1000 0.25%.
10,001 253000 0.20%
over 255000 0.10%
Schedule II. Free and Benefit Events
Seating Capacity
Low High
0 5,500
5,501 10,000
109001 209000
209001 609000
over 60,000
Fee ner Event
$ 10.00
$ 35.00
$ 75.00
$ 125.00
$ 250.00
"Benefit Event" means a concert which is not exempt from copyright liability under Section 110(4) of the United
States Copyright Law, and which is held to raise money for a specific, bona fide, charitable institution or cause not
affiliated in any way with LICENSEE, to which all the proceeds from the concert, after deducting the reasonable
costs of producing the concert, are donated.
Minimum Annual Fee. The minimum annual fee payable hereunder shall be $175.
Annual License Fee For Year 2002 and Thereafter
The annual license rate under Schedule II and the minimum annual feefor each calendar year commencing 2002 shall
be the license fee for the preceding calendar year, adjusted in accordance with the increase in the Consumer Price
Index - All Urban Consumers (CPI-U) between the preceding October and the next preceding October, rounded to the
nearest $1.00.
Memo
To: The Honorable Mayor and Town Council
From: Harry N. Taylor, Director of Trpsportation
Thru: Bill Elting, Town Manager' -z_-
Date: January 4, 2001
Re: CASTA Agreement for fiscal year 2002 FTA funding request
Summary:
Attached is a copy of the Agreement between the Colorado Association of Transit
Agencies (CASTA) and the Colorado Transit Coalition. The Town of Avon is one of
twenty-three members of the Colorado Transit Coalition banded together for the purpose
of submitting a joint request to the Federal Transit Administration (FTA) seeking FTA
5309 funding for capital equipment. This joint request is for FY 2002 and represents the
fourth request attempted by CASTA to secure earmarked funds for the coalition through
the use of a lobbyist.
Discussion:
CASTA will enter into an agreement with a Washington D.C. based public affairs and
governmental relations consulting firm, to provide transportation funding consulting
services on behalf of the Colorado Transit Coalition for the FY 2002 funding cycle. The
total cost to the Colorado Transit Coalition for their representation is $140,000 of which
the Town of Avon's allocated share is approximately $2,937.54. The town's cost
($2,937.54) is budgeted in the 2001 Transportation Budget.
All section 5309 FTA funds are awarded on an 80/20 basis. Eighty percent funded by
FTA and twenty percent funded locally. The town's total request is for $715,000 of
which FTA would fund $572,000 and $143,000 would be funded locally. The total
amount requested by the Colorado Transit Coalition is $37,243,280 (EXHIBIT A) which
includes the town's request of $572,000. Attached is a copy of the town's submittal to
CASTA listing the equipment requested in the FY 2002 application.
Recommendation:
The recommendation is to approve the request by the Town of Avon, Department of
Transportation for FTA 5309 funding of $572,000 in FY 2002.
Town Manager Comments:
AGREEMENT
This agreement is entered into by and between the Colorado Association of
Transit Agencies (CASTA), a Colorado nonprofit corporation and each of the members
of an informal coalition, the Colorado Transit Coalition, as listed on Exhibit A, attached
hereto and incorporated herein by this reference (referred to collectively as the
"members").
Whereas, CASTA is a nonprofit trade association located in Denver, Colorado
and represents Colorado transit agencies, and
Whereas, the Federal Transit Administration provides capital funding to transit
agencies under the Capital Program (49 U.S.C. Section 5309) Transportation Equity Act
for the 21 S` Century (TEA-21), and
Whereas, a number of Colorado transit agencies are desirous of obtaining
congressional earmarked funds, in the federal Fiscal Year 2001, under Section 5309 for
capital purchases, and
Whereas, those Colorado transit agencies seeking U.S.C. 49, Section 5309
funding have affiliated as a nonprofit unincorporated association, Colorado Transit
Coalition (Coalition), and have agreed that CASTA will act as a coordinator for the
Coalition in seeking U.S.C. 49, Section 5309 funding, and
Whereas, CASTA will be entering into an agreement with a Washington D. C.
based public affairs and governmental relations consulting firm, to provide transportation
funding consulting services on behalf of the Coalition.
Now Therefore, CASTA and each of the Coalition members agree as follows:
1. Tenn of Agreement. The term of this agreement shall be from January 1, 2001
through December 31, 2001.
2. Membership. Membership in the Coalition will be open to any Colorado
transit agency that provides services which qualify for U.S.C. 49, Section 5309 funding.
While a multi-year effort is anticipated, members may choose to participate on an annual
basis dependent on the individual member's capital needs.
3. Members' Capital Requests The members' capital requests shall be handled as
follows:
a. Each member shall submit to CASTA by a mutually agreed upon date its
capital request, in a form acceptable to CASTA and consistent with the capital request
amount set forth on Exhibit A for that member. CASTA shall then compile the capital
requests into a statewide request document to be presented to Congress for consideration.
All capital requests (as listed on Exhibit A) must be supported by accurate, current
planning documents. The member must verify that matching funds are available to
support a grant in the fiscal year it is available. The Colorado Department of
Transportation and/or the Federal Transit Administration, as appropriate, will review the
planning documents for each member to assure that projects are "do-able" within Fiscal
Year 2002, prior to submittal of the request to Congress in January of 2001.
b. If a member requests an addition or reduction to a capital request, the impact
on other members will be considered prior to any changes being approved by the
coalition members. A member will not be required to decrease a request that would place
that member in the position of lacking sufficient funds to obtain usable units of
equipment. For purposes of this agreement a usable unit of equipment will be as defined
in the individual applicant's request. (See Exhibit A)
c. If the final U.S.C. 49, Section 5309 bus allocation is less than requested in the
statewide request, twenty percent of the final allocation will be distributed in equal
portions to each agency. No agency shall receive more than their original federal request.
The remaining eighty percent will then be distributed based on a calculated rate based on
each member's capital request. No agency shall receive more than their original federal
request. The bus and bus related allocation amounts will then be adjusted, as appropriate,
to assure that each coalition member receives no more than the agency request, but an
amount sufficient to obtain usable units of equipment by consensus of the Coalition
members.
d. Each coalition member agrees to pay to CASTA, an equal amount of twenty
percent of the $140,000 administrative and consultant fees (that is 1/24 of $28,000) plus
a calculated rate on the remaining eighty percent of fees ($112,000) based on the
percentage of the total Statewide Request attributable to that member's capital request as
set forth in Exhibit A. The payments shall be made to CASTA in no more than four equal
installments, upon execution of this Agreement and on or before April 1St, July 1St and
October 1St
4. Services of CASTA. During the term of this agreement, CASTA will provide
the following services:
a. Act as the representative of the Coalition as it seeks U.S.C. 49, Section
5309 funding. The Executive Director of CASTA will serve as coordinator of the project
for the Statewide Request.
b. Retain a Washington D.C. based consultant familiar with the congressional
process of determining Federal Transit Administration allocations for the total cost of
$104,000, including expenses.
c. Provide monthly written reports to each Coalition member.
2
5. Payment to CASTA for Services For its services during the term of this
agreement, CASTA will retain from the payments by the members a total of $36,000
which amount includes all expenses to be incurred by CASTA.
6. Termination. Any party may withdraw from this agreement upon the giving
of at least 30 days advance written notice to the other.
7. Appropriation of funds. The financial obligations of any participant in this
Agreement which is a governmental entity subject to the direct or indirect financial
obligation restrictions of the Colorado Constitution, Article X, Section 20(4)(b), or that
government's local restrictions on contract appropriations, shall be subject to the
appropriation and availability of funds in accord with Colorado and local law.
8. Addresses and Telephone Numbers The name, address, telephone and
FAX number of each member is listed on Exhibit A. The name, address, telephone and
FAX number of CASTA is:
Colorado Association of Transit Agencies (CASTA)
Attn: Jeanne J. Erickson, Executive Director
225 East 16`h Avenue, Suite 1070
Denver, CO 80203
Tel: (303) 839-5197
Fax: (303) 832-3053
9. Signatures. The parties agree that this Agreement may be signed in
counterparts with CASTA to retain the original signatures of all parties.
Dated: January, 2001.
Colorado Association of Transit Agencies,
a Colorado nonprofit corporation
By:
Elizabeth Rao
President
3
Organization: TnjUn of Avnn
Name: Judy Yoder
Title: Mayor
Date: January 4,'2001
Signature:
Dec 29 00 12:39p CRSTR
303-832-3053 p.4
EX14181T A
2002 Bus Discretionary Request
Colorado Transit Coalition
2002 Federal PWCWA Cost
Won of Transit Aaency Request of Reguest FY 2002
1 Grand County Commissioners $ 40,000 0.107% $ 1,337.68
P.O. Box 264
Hot Sulphur Springs, CO 80451
2 Greeley-The Bus $ 88,000 0.236% $ 1,482.03
1000 Tenth Street
Greeley, CO 80631
3 NE Colo. Cncl of Local Govts $ 109,200 0.293% $ 1,545.78
231 Main St. Suite 211
Ft. Morgan, CO 80701
4 Weld County $ 112,000 0.301% $ 1,554.20
P.O. Box 1805
Greeley, CO 80632
5 Adams County $ 120,000 0.322% $ 1,578.26
450 South 4th Avenue
Brighton,CO 80610
6 City of Loveland $ 200,000 0.537% $ 1,818.84
318 Garfield Avenue
Loveland, CO 80537
7 Seniors Resource Center $ 246,400 0.662% $ 1,958.38
3227 Chase St.
Denver, CO 80212-7033
8 Durango Lift $ 436,000 1.171% $ 2,528.55
949 East Second Ave.
Durango, CO 81301
9 Town of Avon $ 572,000 1.536% $ 2,937.54
P.O. Box 1726
Avon, CO 81620
10 ECO Trans $ 612,000 1.643% $ 3,057.83
P.O. Box 1070
Gypsum, CO 81837
11 City of Colorado Springs $ 800,000 2.148% $ 3,623.19
P.O. Box 1575 Mail Code 450
Colorado Springs, CO 80901-1575
12 Special Transit $ 920,000 2.470% $ 3,984.06
4880 Peari St.
Boulder, CO 80301
13 Town of Breckenridge $ 965,400 2.595% $ 4,123.80
P.O. Box 168
Breckenridge CO 80424
Dec 28 00 12:39p CRSTR 303-832-3053 p.5
14 Pueblo Transit $ 1,000,000 2.685% $ 4,224.65
350 S. Grand Avenue
Pueblo, CO 81003
15 Grand Valley Transit $ 2,000,000 5.370% $ 7,231.90
518 28-Rd, #A101
Grand Junction, CO 81501
16 Town of Telluride $ 2,000,000 5.370% $ 7,231.90
P.O. Box 397
Telluride, CO 81435
17 Regional Transportation District $ 3,000,000 8.055% $ 10,239.15
1600 Blake Street
Denver, GO 80202
18 TransFort, Fort Collins $ 3,087,680 8.291% $ 10,502.83
6570 Portner Road
Fort Collins, CO 80525
19 Roaring Fork Transportation Authorit $ 3,936,000 10.568% $ 13,053.94
51 Service Center Drive
Aspen, CO 81611
20 Town of Mountain Village $ 3,997,600 10.734% $ 13,239.19
P.O. Box 11064
Telluride, CO 81435
21 Steamboat Springs Transit $ 4,000,000 10.740% $ 13,246.41
P.O. Box 775088
Steamboat Springs, CO 80477
22 Summit Stage $ 4,000,000 10.740% $ 13,246.41
P.O. Box 68
Breckenridge GO 80424
23 Town of Vail $ 5,000,000 13.425% $ 16,253.66
75 S. Frontage Road
Vail, CO 81657
Revised 12/19/00
COLORADO ASSOCIATION OF TRANSIT AGENCIES
COLORADO TRANSIT COALITION
For Federal Transit Administration (FTA) Capital Program for Bus
(U.S.C. 49, Section 5309) FY 2002 - 2004 Request for Authorization
Agency: Town of Avon
Contact: Name: Harry N. Taylor
Tel: 970-748-4120 ' Fax: 970-845-8589
Mailing Address: P.O. Box 1726
Avon, CO 81620
Responsible Government Entity: Funds must be received by a government entity. If your
transit agency is a private non-profit, a city or county must receive and disburse funds.
Therefore, they must agree to this request. Name of responsible official(s).
Town of Avon, Mayor
Project Description: Must be "ready to go" - Obligated Under Signed Contract
Fiscal Year 2002 (Between October 1, 2001 and September 30, 2002)
Fiscal Year 2003 (Between October 1, 2002 and September 30, 2003)
Fiscal Year 2004 (Between October 1, 2003 and September 30, 2004)
Project Supported by: Current Transportation Development Plan (TDP)? YES
State Transportation Improvement Plan (STIP)? YES
FY 2002 Transit Capital Request: (Federal and Local Dollars) $715,000.00
Vehicles: (Attach a sheet listing description, age and mileage of vehicles to be replaced.)
Description: 30 ft. Transit Coach, 24 ft. People Mover and 15
Number:
Unit Cost:
Equipment:
Description:
Number:
Unit Cost:
Replacement:
Passenger Van.
Two (2) Coaches, One (1) People Mover and (2) ADA
Vans.
275,000 each per Coach, $75,000.00 for People Mover and
$35,000 each per Van (Van total is $70,000).
Replacement: (2 Coaches
Expansion: (1) People Mover
& (2) ADA Vans
Expansion:
Continued FY2002
Facility:
Description: Bus Shelters
Number: Two (2)
Unit Cost: 2 @ $10,000.00 each
Replacement: Expansion: X
Estimated Cost by Funding Source:
Federal: 80% $572,000.00 Local: 20% $143,000.00
Source of Local Funds: Town of Avon General Fund
FY 2003 Transit Capital Request: (Federal and Local Dollars) $2,170,000.00
Vehicles: (Attach a sheet listing description, age and mileage of vehicles to be replaced.)
Description: 24 ft. People Mover
Number: Two (2) People Movers
Unit Cost: 2 @ $75,000.00 each
Replacement: Expansion: X
Equipment:
Facility:
Description:
Number:
Unit Cost:
Replacement: Expansion:
Description: Transit Center, and Bus Shelters
Number: One (1) Transit Center and Two (2) Bus Shelters
Unit Cost: $2,000,000.00 and 2 @ $10,000.00 each
Replacement: Expansion: X
Estimated Cost by Funding Source:
Federal: 80% $1,736,000.00 Local: 20% $434,000.00
Source of Local Funds: Town of Avon General Fund
FY 2004 Transit Capital Request: (Federal and Local Dollars) $395,000.00
Vehicles: (Attach a sheet listing description, age and mileage of vehicles to be replaced.)
Description: 24 ft. People Mover
Number: Five (5) People Mover
Unit Cost: 5 @ $75,000.00
Replacement: 2 Expansion: 3
Continued FY2004
Equipment:
Facility:
Description:
Number:
Unit Cost:
Replacement: Expansion:
Description: Bus Shelters
Number: Two (2)
Unit Cost: 2 @ $10,000.00 each
Replacement: Expansion: X
Estimated Cost by Funding Source:
Federal: 80% $316,000.00 Local: 20% $79,000.00
Source of Local Funds: Town of Avon General Fund
J01 IZ C
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Jacquie Halburnt, Assistant Town Manager
Date: December 4, 2003
Re: Service Agreements
Background: The Town of Avon operates fleet maintenance out of its Swifi Gulch
facility located at 500 Swift Gulch Road. We have several annual maintenance contracts with
neighboring districts.
Discussion: Attached are three one-year service agreements bet)Aleen the Town and
the Eagle River Fire Protection District. Eagle River- Water and Sanitation District and the
Eagle County Ambulance District for vehicle maintenance at our Swift Gulch facility.
The agreement contains our standard price of $80/1iour for routine and preventive
maintenance as well as repair and replacement. The contracts are reviewed on an annual basis.
Recommendation: Staff recommends approval of the service agreements.
Town Manager Comments: /
4- r
SERVICE AGREEMENT
This agreement is made and entered into this day of , 2003 by and between Eagle River Water &
Sanitation District whose address is 846 Forest Road, Vail Colorado, 81657 (hereafter know as "ERW&SY) and the Town
of Avon whose address is P.O. Box 1726, 500 Swift Gulch Road, Avon, Colorado, 81620 (hereafter designated as
"Contractor").
RECITAL
In consideration of the obligation of ERW&SD to pay the Contractor as herein provided and in consideration of the other
terms and conditions hereof, the parties agree as follows:
Contractor Services: Contractor will, during the term of this Agreement, provide:
(a) Routine maintenance and preventive maintenance ("Routine Maintenance") of the ERW&SD vehicles
and equipment. Service will be performed on approximately 49 vehicles and 15 pieces of equipment,
although the number of vehicles and equipment serviced may be increased or decreased in
ERW&SD's sole discretion; provided, the combined number of vehicles and equipment shall not
exceed 75 without the approval of Contractor. Routine Maintenance will be performed at least every
4,000 miles or 250 hours of use. Routine Maintenance shall consist of those services outlined in
Exhibit A attached hereto.
(b) Repair and replacement work as requested by ERW&SD ("Repair and Replacement"). No payment
for any Repair and Replacement shall be due unless ERW&SD has approved of such charges.
Services may be commenced with verbal approval by ERW&SD of a written estimate submitted by
Contractor. Repair and Replacement includes, without limitation, transmissions repairs, engine
repairs, rear end repairs and any other work or repairs exceeding $2,000.00. ERW&SD
acknowledges that subcontractors will perform certain repair work. Contractor shall be responsible
for assuring that all such subcontracted work will be performed promptly and in accordance with the
terms and conditions of this Agreement.
(collectively the "Services")
2. Facilities: Contractor represents that its facilities are in good repair and adequately equipped and
that it has a sufficient staff to perform all work in a timely manner. All Routine Maintenance shall be
completed within 24 hours of any vehicle being brought to Contractor's facility.
3. Compensation: In consideration of Contractor's services during the term of this Agreement,
ERW&SD will pay Contractor the shop rate of S80.00 per hour for Routine Maintenance and Repair
and Replacement. Materials and sublet work shall be charged at cost plus ten percent. Invoice shall
be issued by the 10'n of each month for services performed the previous month. Payment shall be
remitted within ten (10) days of receipt of invoice. Contractor's Fueling Facilities may be used by
ERW&SD. The cost of Unleaded Gasoline and Diesel Fuel will be at the Contractor's cost plus ten
cents per gallon.
4. Terms and Termination: This Agreement will be effective as of January 1, 2004 and will terminate
on December 31, 2004 unless either party fails to substantially perform the duties and obligations in
accordance herewith. In such an event, the other party may terminate this Agreement upon seven
(7) days written notice to that party, unless that party cures the breach within the seven (7) day
remedy period. Either party may terminate this Agreement without cause upon 30 Days written
notice.
5. Relationships and Taxes: The relationship between the parties is that of independent contracting
parties, and nothing herein shall be deemed or construed by the parties hereto or by any third party
as creating a relationship of principal and agent or partnership, or of a joint venture between the
parties. Contractor shall be solely responsible for any tax, withholding or contribution levied by the
Federal Social Security Act. Contractor is not entitled to unemployment compensation or other
employment related benefits, which are otherwise made available by ERW&SD to its employees.
Contractor shall provide ERW&SD an original of its Form W-9 (Request for Taxpayer Identification
Number of Certification).
E. Warranty: Contractor shall perform all Services in a prompt, efficient and workmanlike manner.
Contractor shall promptly correct any defective work. This warranty shall be in lieu of all other
warranties, express or implied. Contractor's sole liability hereunder, whether in tort or in contract, is
expressly limited to the warranty provided for herein.
7. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may not be
assigned to any third party without the expressed written consent of ERW&SD, and any attempt to do
so shall render this Agreement null and void and no effect as respects the assignee (s) and shall
constitute an event of default by Contractor.
1 S. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or conditions hereof
shall not be deemed a waiver of such term, covenant, or condition, nor shall any waiver or
relinquishment of any right or power hereunder at any time or more times be deemed a waiver or
relinquishment of such right or power at any other time or times.
9. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to, inure tp
the benefit of and be binding upon the parties hereto and their respective heirs, successors in
interest, and legal representatives except as otherwise herein expressly provided.
10. Situs and Severability: The laws of the State of Colorado shall govern the interpretation, validity,
performance and enforcement of this Agreement. If any provision of this Agreement shall be held to
be invalid or unenforceable, the validity and enforceability of the remaining provisions of this
Agreement shall not be affected thereby.
11. Modification: This Agreement contains the entire agreement between the parties, and no
agreement shall be effective to change, modify, or terminate in whole or in part unless such
agreement is in writing and duly signed by the party against whom enforcement of such change,
modification, or termination is sought.
EXECUTED' this day of , 2003.
Eagle River Water & Sanitation District
By:
EXECUTED this day of , 2003.
TOWN OF AVON
By:
EXHIBIT A
WORK
FREQUENCY
RATE
"A" PM
Preventive Maintenance
Inspection
4,000 miles or
250 hours
580.00 hr.
Plus parts &
sublet
1 "Annual" every 12months 580.00 hr.
Preventive Maintenance Plus parts &
Inspection sublet
NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of
January 1, 2004.
SERVICE AGREEMENT
This agreement is made and entered into this day of , 2003 by and between
Eagle County Ambulance District whose address is P.O. Box 990, Edwards, Colorado (hereafter
know as "ECAD") and the Town of Avon whose address is P.O. Box 1726, 500 Swift Gulch Road.
Avon, Colorado, 81620 (hereafter designated as "Contractor").
RECITAL
In consideration of the obligation of ECAD to pay the Contractor as herein provided and in
consideration of the other terms and conditions hereof, the parties agree as follows:
Contractor Services: Contractor will, during the term of this Agreement, provide:
(a) Routine maintenance and preventive maintenance ("Routine Maintenance'") of
the Eagle County Ambulance vehicles. Service will be performed on
approximately 9 vehicles, although the number of vehicles serviced may be
increased or decreased in ECAD's sole discretion. Routine Maintenance will be
performed at least every 3,000 miles or 250 hours of use. Routine Maintenance
shall consist of those services outlined in Exhibit A attached hereto.
(b) Repair and replacement work as requested by ECAD. No payment for any repair
or replacement work shall be due unless ECAD has approved of such charges.
Services may be commenced with verbal approval by ECAD of a written estimate
submitted by Contractor. Repair and Replacement work consists of the followinc
types of work, including without limitation, transmissions repairs, engine repairs,
rear end repairs and any work or repairs exceeding $2,000.00. ECAD
acknowledges that subcontractors will perform certain repair work. Contractor
shall be responsible for assuring that all such subcontracted work will be
performed promptly and in accordance with the terms and conditions of this
Agreement.
(collectively the "Services")
Facilities: Contractor represents that it's facilities are in good repair and
adequately equipped and that it has a sufficient staff to perform all work in a
timely manner. All Routine Maintenance shall be completed within 24 hours of
any vehicle being brought to Contractor's facility.
Compensation: In consideration of Contractor's services during the term of this
Agreement, ECAD will pay Contractor $80.00 per hour for repair and
replacement work. Materials and sublet work shall be charged at cost plus ten
percent. Invoice shall be issued by the 10'h of each month for services
performed the previous month. Payment shall be remitted within ten (10) days of
receipt of invoice. Contractor's Fueling Facilities may be used by ECAD. The cost
of Unleaded Gasoline and Diesel Fuel will be at the Contractor's cost plus ten
cents per gallon.
4. Terms and Termination: This Agreement will be effective as of January 1, 2004
and will terminate on December 31, 2004 unless Contractor fails to substantially
perform the duties and obligations in accordance herewith. In such an event,
'ECAD may terminate this Agreement upon seven (7) days written notice to the
Contractor, unless Contractor cures the breach within the Seven (7) day remedy
period. Either party may terminate this Agreement without cause upon 30 Days
written notice.
Relationships and Taxes: The relationship between the parties is that of
independent contracting parties, and nothing herein shall be deemed or
construed by the parties hereto or by any third party as creating a relationship of
principal and agent or partnership, or of a joint venture between the parties.
Contractor shall be solely responsible for any tax, withholding or contribution
levied by the Federal Social Security Act. Contractor is not entitled to
unemployment compensation or other employment related benefits, which are
otherwise made available by ECAD to its employees. Contractor shall provide
ECAD an original of its Form W-9 (Request for Taxpayer Identification Number of
Certification).
Warranty: Contractor shall perform all Services in a prompt, efficient end
workmanlike manner. Contractor shall promptly correct any defective work.
Assignment: Contractor's duties hereunder requires particular expertise and
skills, and may not be assigned to any third party without the expressed written
consent of ECAD, and any attempt to do so shall render this Agreement null and
void and no effect as respects the assignee (s) and shall constitute an event of
default by Contractor.
8. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/
or conditions hereof shall not be deemed a waiver of such term, covenant, or
condition, nor shall any waiver or relinquishment of any right or power hereunder
at any time or more times be deemed a waiver or relinquishment of such right or
power at any other time or times.
Benefit: The terms, provisions, and covenants contained in this Agreement shall
apply to, inure to the benefit of and be binding upon the parties hereto and their
respective heirs, successors in interest, and legal representatives except as
otherwise herein expressly provided.
10. Situs and Severability: The laws of the State of Colorado shall govern the
interpretation, validity, performance and enforcement of this Agreement. If any
provision of this Agreement shall be held to be invalid or unenforceable, the
validity and enforceability of the remaining provisions of this Agreement shall not
be affected thereby.
11. Modification: This Agreement contains the entire agreement between the
parties, and no agreement shall be effective to change, modify, or terminate in
whole or in part unless such agreement is in writing and duly signed by the party
against whom enforcement of such change, modification, or termination is
sought.
EXECUTED this day of .12003.
Eagle County Ambulance District
By:
EXECUTED'this day of 2003.
TOWN OF AVON
By:
EXHIBIT A
WORK FREQUENCY RATE
"A" PM 3,000 miles or $85.00 hr.
Preventive Maintenance 250 hours Plus parts &
Inspection sublet
"Annual" every 12months $85.00 hr.
Preventive Maintenance Plus parts &
Inspection sublet
NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of
January 1, 2004.
SERVICE AGREEMENT
This agreement is made and entered into this day of , 2003 by and between
Eagle River Fire Protection District whose address is P.O. Box 7980, Avon, Colorado, 81620
(hereafter. know as "ERFPD") and the Town of Avon whose address is P.O. Box 1726, 500 Swift
Gulch Road, Avon, Colorado, 81620 (hereafter designated as "Contractor").
RECITAL
In consideration of the obligation of ERFPD to pay the Contractor as herein provided and in
consideration of the other terms and conditions hereof, the parties agree as follows:
Contractor Services: Contractor will, during the term of this Agreement, provide:
(a) Routine maintenance and preventive maintenance ("Routine Maintenance") of
the Eagle River Fire Protection District vehicles and equipment which are
operated by ERFPD. Service will be performed on approximately 19 vehicles or
other equipment, although the number of vehicles serviced may be increased or
decreased in ERFPD's sole discretion. Routine Maintenance will be performed
at least every 3,000 miles or 250 hours of use. Routine Maintenance shall
consist of those services outlined in Exhibit A attached hereto.
(b) "Repair and replacement" work as requested by ERFPD. No payment for any
repair or replacement work shall be due unless ERFPD has approved of such
charges. Services may be commenced with verbal approval by ERFPD or a
written estimate submitted by Contractor. Repair and Replacement work
consists of the following types of work, including without limitation, transmissions
repairs, engine repairs, rear end repairs and any work or repairs exceeding
$2,000.00. ERFPD acknowledges that subcontractors will perform certain repair
work. Contractor shall be responsible for assuring that all such subcontracted
work will be performed promptly and in accordance with the terms and conditions
of this Agreement.
(c) Contractor's Fueling Facilities may be used by ERFPD. The cost of Unleaded
Gasoline and Diesel Fuel will be charged at the Contractor's cost plus ten cents
Per gallon.
(collectively the "Services")
2. Facilities: Contractor represents that it's facilities are in good repair and
adequately equipped and that it has a sufficient staff to perform all work in a
timely manner. All Routine Maintenance shall be completed within 24 hours of
any vehicle being brought to Contractor's facility.
3. Compensation: In consideration of Contractor's services during the term of this
Agreement, ERFPD will pay Contractor $80.00 per hour for Routine Maintenance
and Repair and Replacement work. Materials and sublet work shall be charged
at cost plus ten percent. Invoice shall be issued by the 1 0th of each month for
services performed the previous month. Payment shall be remitted within ten
(10) days of receipt of invoice.
4. Terms and Termination: This Agreement will be effective as of January 1, 2004
and will terminate on December 31, 2004 unless Contractor fails to substantially
perform the duties and obligations in accordance herewith. In such an event,
ERFPD may terminate this Agreement upon seven- (7) days written notice to the
Contractor, unless Contractor cures the breach within the Seven- (7) day remedy
period. Either party may terminate this Agreement without cause upon 30 Days
written notice.
5. Relationships and Taxes: The relationship between the parties is that of
independent contracting parties, and nothing herein shall be deemed or
construed by the parties hereto or by any third party as creating a relationship of
principal and agent or partnership, or of a joint venture between the parties.
Contractor shall be solely responsible for any tax, withholding or contribution
levied by the Federal Social Security Act. Contractor is not entitled to
unemployment compensation or other employment related benefits, which are
otherwise made available by ERFPD to its employees. Contractor hall provide
ERFPD an original of its Form W-9 (Request for Taxpayer Identification Number
of Certification).
6. Warranty: Contractor shall perform all Services in a prompt, efficient end
workmanlike manner. Contractor shall promptly correct any defective work.
7. Assignment: Contractor's duties hereunder requires particular expertise and
skills, and may not be assigned to any third party without the expressed written
consent of ERFPD, and any attempt to do so shall render this Agreement null
and void and no effect as respects the assignee (s) and shall constitute an event
of default by Contractor.
8. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/
or conditions hereof shall not be deemed a waiver of such term, covenant, or
condition, nor shall any waiver or relinquishment of any right or power hereunder
at any time or more times be deemed a waiver or relinquishment of such right or
power at any other time or times.
Benefit: The terms, provisions, and covenants contained in this Agreement shall
apply to, inure to the benefit of and be binding upon the parties hereto and their
respective heirs, successors in interest, and legal representatives except as
otherwise herein expressly provided.
10. Situs and Severability: The laws of the State of Colorado shall govern the
interpretation, validity, performance and enforcement of this Agreement. If any
provision of this Agreement shall be held to be invalid or unenforceable, the
validity and enforceability of the remaining provisions of this Agreement shall not
be affected thereby.
11. Modification: This Agreement contains the entire agreement between the
parties, and no agreement shall be effective to change, modify, or terminate in
whole or in part unless such agreement is in writing and duly signed by the party
against whom enforcement of such change, modification, or termination is
sought.
EXECUTED this day of , 2003.
Eagle River Fire Protection District
By:
EXECUTED this day of 2003.
TOWN OF AVON
By:
EXHIBIT A
WORK EQUENCY, RATE
"A" PM 3,000 miles or
Preventive Maintenance 250 hours
Inspection
$80.00 hr.
Plus parts &
sublet
"Annual" every 12months $80.00 hr.
Preventive Maintenance Plus parts &
Inspection sublet
NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of
January 1, 2004.
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE IS HEREBY GIVEN THAT A MEETING OF THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO, WILL BE HELD DECEMBER 9, 2003, AT THE CLOSE OF
BUSINESS OF THE REGULAR COUNCIL MEETING TO BE HELD AT THE AVON
MUNICIPAL BUILDING LOCATED AT 400 BENCHMARK ROAD, AVON, COLORADO FOR
THE PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING:
5:45 PM 1) Bus Tour of Avon for Holiday Lighting Contest
AND SUCH OTHER BUSINESS AS MAY COME BEFORE THE COUNCIL. THIS MEETING IS
OPEN TO THE PUBLIC.
TOWN OF AVON, COLORADO
BY: Patty McKenny, Town Clerk
Estimated times are shown for informational purposes only, subject to change without notice.
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
DECEMBER 5, 2003:
? Avon Municipal Building, Main Lobby
? Alpine Bank, Main Lobby
? Avon Recreation Center, Main Lobby
? City Market, Main Lobby
Town C1erk\Counci1\Agendas\2003\Avon Council Meeting.03.12.09