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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