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ROXBOROUGH VILLAGE METROPOLITAN DISTRICT REGULAR BOARD MEETING
AGENDA
Board of Directors:
Calvin Brown, Vice President Term Expires May 2020 Ronald E.
Bendall, Secretary/Treasurer Term Expires May 2020 Linda Goodrich,
Asst. Secretary Term Expires May 2018 Bob Clinard, Asst. Secretary
Term Expires May 2018 Debra Prysby, Asst. Secretary Term Expires
May 2018 Date: February 20, 2018 (Tuesday) Time: 6:30 p.m. Place:
West Metro Fire Station 15
6220 N. Roxborough Park Road Littleton, CO 80125
1. CALL TO ORDER AND APPROVE AGENDA
2. PUBLIC COMMENT and/or GUESTS
A. Other
3. LANDSCAPE MAINTENANCE A. Metco Landscape Report for January –
Randy Morrow (enclosed) B. Other
4. ADMINISTRATIVE MATTERS
A. Consider Approval the November 14, 2017 (enclosed) and the
January 16, 2018 Regular Meeting Minutes (enclosed)
B. Other
5. FINANCIAL MATTERS A. Review and Accept Updated Cash Position
as of December 31. 2017 updated as
of February 13, 2018 (enclosed) B. Review and Consider Approval
of Current Claims, Approve Transfer of Funds,
and Ratify Payment of Autopay Claims and Ratify Approval of
Previous Claims (enclosed)
C. Other
6. DIRECTOR ITEMS A. Fireworks Update – Calvin Brown B.
Other
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Roxborough Village Metropolitan District Agenda – February 20,
2018 Page 2 of 3
7. LEGAL MATTERS A. Update Regarding Final Water Due Diligence
Filing and Executive Session Pursuant
To C.R.S. Section 24-6-402(4)(B) and for the Purposes of
Receiving Legal Advice on Specific Legal Questions, if
requested
B. Review and consider Approval of Resolution 2018-02-01,
Resolution Approving Services Agreement with Metco Landscaping,
Inc., for Landscape Services
C. Review and consider Approval of Resolution 2018-02-02,
Resolution Approving Services Agreement with Metco Landscaping,
Inc., for Snow Removal Services (enclosed)
D. Review and consider Approval of Resolution 2018-02-03,
Resolution Approving Services Agreement with Bailey Tree, LLC
(maintenance) (enclosed)
E. Review and consider Approval of Resolution 2018-02-04,
Resolution Approving Services Agreement with Bailey Tree, LLC (dead
tree removal) (enclosed)
F. Review and consider Approval of Resolution 2018-02-05,
Resolution Approving Services Agreement with Ark Ecological for
Open Space Management and Weed and Native Plant Management
(maintenance) (enclosed)
G. Review and consider Approval of Resolution 2018-02-06,
Resolution Approving Services Agreement with Ark Ecological for 7
Acre Pond Project
H. Review and consider Approval of Resolution 2018-02-07,
Resolution Approving Services Agreement with Peterson Enterprises,
Inc. d/b/a Cem-Lake Management for 2018 Lake Treatment Program
(enclosed)
I. Review and Consider Approval of Amended Resolution and
Amended Services Agreement for Browns Hill Engineering &
Controls, LLC (enclosed)
J. Review and discuss Courtesy Notification of Application in
Progress for Sterling Ranch Preliminary Plan No. 3 (enclosed)
K. Scott Maynard Update (enclosed) L. Other
8. ENGINEERING MATTERS
A. 7 Acres Pond Update B. Pump Station Irrigation Controls
Systems Update C. Water Rights Discussion D. Other
9. MANAGER MATTERS
A. Playground Equipment Update 1. Review and Consider Approval
of Quotation form Star Playgrounds for
Playground equipment (2 Baby Swings and 2 Regular Swings) -
$1,132.00 (enclosed)
2. Review and Consider 4 options for Soccer Field Playground
Equipment and Sunshades for Soccer Field Playground Equipment
(enclosed)
B. Website Update and Webmaster C. Other (enclosed)
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Roxborough Village Metropolitan District Agenda – February 20,
2018 Page 3 of 3
10. OTHER BUSINESS
11. ADJOURNMENT
NEXT SCHEDULED BOARD MEETING Tuesday, March 20, 2018 at 6:30
p.m. at
West Metro Fire Station 15 6220 N. Roxborough Park Road
Littleton, CO 80125 REGULAR MEETING SCHEDULE
Tuesday, April 17, 2018 Tuesday, May 15, 2018 Tuesday, June 19,
2018 Tuesday, July 17, 2018
Tuesday, August 21, 2018 Tuesday, September 18, 2018
Tuesday, October 16, 2018 Tuesday, November 20, 2018 Tuesday,
December 18, 2018
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2/12/2018
Looks good. A few winter weeds are popping up but they are small and minimal
Additional Comments: Trashing is scheduled for Mondays and Thursdays if the weather doesn’t delay us. Site inspections are done at the same time of trashing and any issues are reported to management. We have had snow removal on 1‐21‐18. We spent 26 hours removing snow from the sidewalk for a 5‐7" storm. We also had snow removal on 2‐10‐18. We spent 26 hours removing snow from the sidewalks. On 2‐11‐18, we had to come back out to clear off areas where the wind blew snow back over the sidewalks and along Roxborough because of the city plow. for 9 more hours.
Drainage problems?
Condition of Mulch, wood or rock?
Thin in some areas. Would recommend to walk areas come spring to replenishCondition of edging?
Enhancement Opportunities: The soil has been removed for the ball field and looks much better. Your spring clean up has been completed as of 2‐9‐18. The ornimental grasses have been cut back and the beds cleaned out. Next will be a pre emergent spray to the mulch/rock beds in March.
2.0 Plant Material
Condition of drip pipe in landscaped beds?
Some is above the mulch. If we top dress the mulch beds it will cover the pipe. We can look at them in springNone at the time of inspection
Cleanliness of beds ‐ Trash, weeds and/or grass clippings?
Looks good.
Do the trees need any pruning?
Shrubs are on the dry side
Drainage problems?
Are the trees dry or stressed?
Condition of Flowers?
None at the time of inspectionIf so, deadwood, disease and/or damaged branches?
3.0 Landscaped Areas
OkNone at the time of inspection
Not needed when the turf is dormant
No flowers on site
Crew clean up after visit? Ok
How is the cut?
Not bad. All of the Dogwoods have been pruned back per the proposalTrees are on the dry side. Some trees are already budding out.
Metco Landscape, Inc Quality Landscape Audit
Customer/Property:Roxborough Village Metro District
Account Manager:
Date:
Bill Barr
The turf is dormant but dry.None at the time of inspection
1.0 Turf
Shrubs pruned well?
Dry or Stressed areas?
Turf Weeds? Be specific.
Are the shrubs dry or stressed?
How is the fertility?
Disease or insect damage?
None at the time of inspection
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MINUTES OF A SPECIAL MEETING OF THE BOARD OF DIRECTORS OF
THE
ROXBOROUGH VILLAGE METROPOLITAN DISTRICT HELD
NOVEMBER 14, 2017
A special meeting of the Board of Directors of the Roxborough
Village Metropolitan District (referred to hereafter as “Board”)
was convened on Tuesday, November 14, 2017 at 6:30 p.m., at the
Roxborough Library (Roxborough Market Place), 8357 N. Rampart Range
Road, Suite 200, Littleton, CO 80125. The meeting was open to the
public.
ATTENDANCE In Attendance were Directors:
Judi Holden Calvin Brown Bob Clinard Linda Goodrich
Also in Attendance were:
Cynthia Beyer and Patrick Shannon; CliftonLarsonAllen LLP Katie
James, Esq.; Folkestad Fazekas Barrick & Patoile, P.C. Eric
Keesen; BrightView Scott Barnett; Mulhern MRE Josh Nelson; Bailey
Tree, LLC
CALL TO ORDER AND APPROVE AGENDA The meeting was called to order
at 6:30 p.m. Upon a motion duly made
by Director Clinard, seconded by Director Brown and, upon vote,
unanimously carried, the Board approved the agenda as amended
moving the BrightView items after Public Comment and the addition
of the Bailey Tree proposal. The Board also excused the absence of
Director Bendall.
. PUBLIC COMMENT None.
LANDSCAPE MAINTENANCE A. Review Landscape Maintenance Monthly
Report – November
2017
Mr. Keesen presented the BrightView Landscape report to the
Board.
B. Proposed Work Orders
1. Remove Tree Deadwood Along Elmwood - $4,909.09
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After discussion, upon a motion duly made by Director Clinard,
seconded by Director Brown, and upon a vote of 3 for and 0 against
(Director Holden abstained), the Board approved the work order to
remove tree deadwood along Elmwood in the amount of $4,909.09.
C. Proposal for November Watering - $7,255
After discussion, upon a motion duly made by Director Clinard,
seconded by Director Brown, and upon vote unanimously carried, the
Board approved the proposal for November watering in the amount of
$7,255. D. Proposal from Bailey Tree, LLC for Tree Removal Josh
Nelson presented the proposal from Bailey Tree, LLC. After
discussion, upon a motion duly made by Director Clinard, seconded
by Director Brown, and upon vote unanimously carried, the Board
approved the proposal from Bailey Tree, LLC for general services.
The Board requested Bailey Tree, LLC provide a quote to remove the
trees along Elmwood. Upon a motion duly made by Director Clinard,
seconded by director Brown, and upon vote unanimously carried, the
Board approved rescinding the approval of the BrightView tree
removal proposal in the amount of $4,909.09 and directed the
District Manager to contact BrightView to obtain confirmation of
cancellation of the work order in writing. The Board also directed
the District Manager to compare pricing between Bailey Tree and
Metco for future tree work for the District.
ADMINISTRATIVE MATTERS
A. Consider Approval of Minutes of the October 17, 2017
Regular
Meeting and October 23, 2017 Special Meeting Minutes Following
review and discussion, upon a motion duly made by Director Clinard,
seconded by Director Holden, and upon a vote of 3 for and 0 against
(with Director Goodrich abstaining), the Board approved the October
17, 2017 Regular Meeting Minutes and October 23, 2017 Special
Meeting Minutes.
B. Review and Consider Approval of Resolution No. 2017-11-01,
2018
Administrative Matters Resolution Upon a motion duly made by
Director Clinard, seconded by Director Goodrich, and upon vote
unanimously carried, the Board approved Resolution No. 2017-11-01,
2018 Annual Administrative Matters Resolution.
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RECORD OF PROCEEDINGS
C. Consider Approval of Resolution No. 2017-11-02, Calling the
May
2018 Regular Election After review, upon a motion duly made by
Director Clinard, seconded by Director Brown, and upon vote
unanimously carried, the Board approved Resolution No. 2017-11-02,
Calling the May 2018 Regular Election. D. Other None.
FINANCIAL MATTERS A. Review Updated Current Cash Position and
Property Taxes
Reconciliation
Ms. Beyer reviewed the updated current Cash Position and
Property Taxes Reconciliation with the Board.
B. Review and Consider Approval of Current Claims, Approve
Transfer
of Funds, and Ratify Payment of Autopay Claims
Ms. Beyer reviewed the claims, transfer of funds and payment of
autopay claims with the Board. After review, upon a motion duly
made by Director Goodrich, seconded by Director Brown and upon vote
unanimously carried, the Board approved the current claims,
transfer of funds and ratified payment of autopay claims in the
amount of $63,960.18.
C. Conduct Public Hearing to Consider Adoption of 2018
Budget;
Appropriate Sums of Money and Set Mill Levy; Consider Approval
of Resolution No. 2017-11-03, Resolution to Adopt 2017 Budget;
Resolution No. 2017-11-04, Resolution to Appropriate Sums of Money;
and Resolution No. 2017-11-05, Resolution to Set Mill Levy
Upon a motion duly made by Director Goodrich, seconded by
Director Holden, and upon vote unanimously carried, the Board
opened the public hearing at 8:36 p.m.
There being no public present, upon a motion duly made by
Director Goodrich, seconded by Director Holden, and upon vote
unanimously carried, the Board closed the public hearing at 8:37
p.m.
Ms. Beyer reviewed the 2018 budget. Following discussion, upon a
motion duly made by Director Clinard, seconded by Director
Goodrich, and upon vote unanimously carried, the Board adopted the
2018 budget and approved Resolution No. 2017-11-03 adopting the
2018 budget, Resolution No. 2017-11-04 appropriating sums of money
and Resolution No. 2017-11-05 setting the mill levy subject to
final legal and accountant review.
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RECORD OF PROCEEDINGS
D. Review and Consider Approval of Resolution No.
2017-11-06,
2017 Audit Engagement Letter with L. Paul Goedecke P.C.
Upon a motion duly made by Director Holden, seconded by Director
Brown, and upon vote unanimously carried, the Board approved
Resolution No. 2017-11-06, engagement letter with L. Paul Goedecke
for 2017 auditing services.
E. Other
None.
DIRECTOR ITEMS LEGAL MATTERS
A. Fireworks Show Update Director Brown provided an update. The
HOA would like to do the show on August 4, 2018 after the concert
in the park that evening. Ms. James will provide a license
agreement for signature by the Homeowners Association and research
what, if any Special District Association insurance requirements
are in place for this type of event.
B. Other
None
A. Update Regarding Final Water Due Diligence Filing and
Executive
Session Pursuant To C.R.S., Section 24-6-402(4)(B) and for the
Purposes of Receiving Legal Advice on Specific Legal Questions, if
requested or if needed
Not needed.
B. Review and Consider Approval of Resolution No.
2017-11-08_
Engagement Letter with Folkestad Fazekas Barrick & Patoile,
P.C. for 2018 Legal Services Ms. James reviewed the engagement
letter with the Board. Upon a motion duly made by Director Clinard,
seconded by Director Goodrich, and upon vote unanimously carried,
the Board approved Resolution No. 2017-11-08, Engagement Letter
with Folkestad Fazekas Barrick & Patoile, P.C. for 2018 Legal
Services. C. Review and Consider Approval of Resolution No.
2017-11-09, Approving Renewal of Foothills Intergovernmental
Agreement for Roxborough Village Metropolitan Disrict Resident Use
of Foothills Recreation Amenities for 2018
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RECORD OF PROCEEDINGS
Ms. James explained the IGA with the Board. After discussion,
upon a motion duly made by Director Clinard, seconded by Director
Goodrich, and upon vote unanimously carried, the Board approved
Resolution No. 2017-11-09, approving renewal of Foothills
Intergovernmental Agreement for Roxborough Village Metropolitan
District Resident Use of Foothills Recreation Amenities for
2018.
D. Update on Outfield Refurbishing Ms. James gave an update on
the outfield refurbishing. Director Clinard directed management to
inform Mr. Maynard to fix the lip of the field at his expense. Ms.
James is requesting an itemized bill of everything completed and
the pricing for it. Upon a motion duly made by Director Clinard,
seconded by Director Goodrich, and upon vote unanimously carried,
the Board approved paying Green Valley Turf directly for their
costs, once signed lien waiver is received, paying Scott Maynard
Productions, LLC 50% of the $30,000 but wants an itemized bill to
make additional payment. The Board decided to withhold 10% until
spring when the lip is correctly finished. E. Review and Consider ,
Resolution Approving Amendment To
District Policy for Requesting Public Records for Colorado Open
Records Act and Policy
Ms. James reviewed the Resolution with the Board. After
discussion, upon a motion duly made by Director Holden, seconded by
Director Goodrich, and upon vote unanimously carried, the Board
approved Resolution Approving Amendment To District Policy for
Requesting Public Records for Colorado Open Records Act and Policy.
F. Review and Consider Approval of Resolution and Services
Agreement with Game-Set-Match After discussion, upon a motion
duly made by Director Holden, seconded by Director Clinard, and
upon vote unanimously carried, the Board approved Review and
Consider Approval of Resolution and Services Agreement with
Game-Set-Match, pending confirmation of when work is completed at
site in the agreement. G. Other None.
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RECORD OF PROCEEDINGS
ENGINEERING MATTERS A. 7 Acre Pond Update
Mr. Barnett gave his report. He will ask Ray Sperger to come to
the January 2018 meeting to discuss his proposal for the 7 Acre
Pond in 2018. B. Pump Station Irrigation Controls System Update
Mr. Barnett has a meeting scheduled with Mr. Roush on November
29, 2017 regarding the pump station and the concepts, SCADA system
and modeling the inflows and outflows. The pricing on the
electronics will be contingent upon obtaining the electronics from
the previous vendor. C. Water Rights Discussion None. D. Other
None.
MANAGER MATTERS A. Review and Consider Approval of Green Valley
Turf Invoice - $16,833.60
Discussed earlier. B. Property Tour Dates Deferred until later
in the Spring of 2018. C. Open Space Signs After discussion, upon a
motion duly made by Director Holden, seconded by Director Clinard,
and upon vote unanimously carried, the Board approved the Fast
Signs Bid in the amount of $995.76, with the addition of “No
Admittance Dusk to Dawn” to the sign. D. Review Proposal for Repair
of the Gazebo and Portalet Roof -
$2,334.53 Ms. Beyer discussed with the Board. Upon a motion duly
made by Director Clinard, seconded by Director Holden, and upon
vote unanimously carried, the Board approved the proposal for
repair of the Gazebo and Porta-let roof in the amount of
$2,234.53.
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RECORD OF PROCEEDINGS
E. Tree Maintenance and Removal Service RFP Discussed earlier.
F. Other The Board advised the District Manager to make sure the
snow trigger depth is 2”[and that no snow removal is needed on the
parking lots by the Community Park and by the Skate Park. The Board
also asked the District Manager to make sure Metco cleans out the
drain by the tennis courts.
OTHER BUSINESS Director Holden resigned from the board. Ms.
James was directed to check
on the term limits for Debbie Prysby.
ADJOURNMENT Upon a motion duly made by Director Clinard,
seconded by Director
Brown, and upon vote unanimously carried, the Board adjourned
the meeting at 8:55 p.m.
Respectfully submitted,
By: Secretary for the Meeting
THESE MINUTES ARE APPROVED AS THE OFFICIAL NOVEMBER 14, 2017
MINUTES OF THE ROXBOROUGH VILLAGE METROPOLITAN DISTRICT BY THE
BOARD OF DIRECTORS SIGNING BELOW:
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RECORD OF PROCEEDINGS
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MINUTES OF A REGULAR MEETING OF THE BOARD OF DIRECTORS OF
THE
ROXBOROUGH VILLAGE METROPOLITAN DISTRICT HELD
Tuesday, January 16, 2018 A regular meeting of the Board of
Directors of the Roxborough Village Metropolitan District (referred
to hereafter as the “Board”) was convened on Tuesday, January 16,
2018 at 6:30 p.m., West Metro Fire Station 15, 6220 N. Roxborough
Park Road, Littleton, CO 80125. The meeting was open to the
public.
ATTENDANCE In Attendance were Directors: Calvin Brown Bob
Clinard Linda Goodrich Ronald E. Bendall Also in Attendance were:
Katie James, Esq.; Folkestad Fazekas Barrick & Patoile, P.C.
Randy Morrow and Bill Barr, Metco Landscaping Cynthia Beyer;
CliftonLarsonAllen LLP Scott Barnett; Mulhern Engineering Debra
Prysby, Resident
CALL TO ORDER AND APPROVE AGENDA
The meeting was called to order at 6:30 p.m. by Director Brown.
Upon a motion duly made by Director Goodrich, seconded by Director
Clinard, and upon vote unanimously carried, the Board approved the
agenda, as presented.
PUBLIC COMMENT and/or GUESTS
A. Other Director Goodrich requested that Debra Prysby be
appointed to fill the seat left vacant by Director Holden’s
resignation. After discussion, upon a motion duly made by Director
Goodrich, seconded by Director Clinard, and upon vote unanimously
carried, the Board appointed Debra Prysby to the Board. Ms. James
administered the Oath of Office. Director Brown asked the District
Manager to inquire of the
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RECORD OF PROCEEDINGS
2
LANDSCAPE MAINTENANCE
Special District Association when nominations may be accepted
for awards. Director Brown would like to nominate Director Holden
for her years of service. A. Final Report from BrightView Ms. Beyer
briefly reviewed the BrightView Final Report with the Board. B.
Metco Landscape Report for January Randy Morrow and Bill Barr
presented their report to the Board, noting that Metco has been on
site for 2 and ½ weeks. C. Consider Approval of Metco Landscape
Proposals: 1. Soil Removal from Ball Field - $8,190 Mr. Morrow
presented Metro’s proposal for removal of soil from the ball field.
After discussion, upon a motion duly made by Director Clinard,
seconded by Director Goodrich, and upon vote unanimously carried,
the Board approved Metco’s proposal for soil removal from the ball
field in the amount of $8,190. 2. Hard Prune Dogwoods Along Village
Circle East - $3,200 Mr. Morrow presented the Metco proposal to
hard prune the Dogwoods along Village Circle East. After
discussion, upon a motion duly made by Director Clinard, seconded
by Director Goodrich, and upon vote unanimously carried, the Board
approved Metco’s proposal to hard prune the Dogwoods along Village
Circle East in the amount of $3,200.
ADMINISTRATIVE MATTERS
A. Consider Approval of the November 14, 2017 and November 2,
2017 Special Meeting Minutes
Ms. Beyer noted that the November 14, 2017 meeting minutes were
not ready for approval at this time. Following discussion, upon a
motion duly made by Director Clinard, seconded by Director
Goodrich, and upon vote unanimously carried, the Board approved the
November 2, 2017 special meeting minutes, as presented. B.
Resolution Designating Location for Posting of 24 Hour Notice for
Year 2018
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3
After review and discussion, upon a motion duly made by Director
Clinard, second by Director Goodrich, and upon vote unanimously
carried, the Board approved the Resolution Designating Location for
Posting of 24 Hour Notice for Year 2018. C. Other - None
FINANCIAL MATTERS
A. Review and Accept Updated Cash Position as of January 8,
2018
Director Brown discussed the impact of Gallagherization and
noticing of same to the residents. Upon a motion duly made by
Director Goodrich, seconded by Director Clinard, and upon vote
unanimously carried, the Board accepted the updated Cash Position
as of January 8, 2018. B. Review and Consider Approval of Current
Claims, Approve
Transfer of Funds, and Ratify Payment of Autopay Claims Ms.
Beyer explained the claims to the Board. Following discussion, upon
a motion duly made by Director Goodrich, seconded by Director
Clinard, and upon a vote unanimously carried, the Board approved
and/or ratified claims (as appropriate) in the amount of
$184,854.70, minus Check No. 1046 in the amount of $92.50. C. Other
- None.
DIRECTOR ITEMS
A. Fireworks Update Director Brown provided an update regarding
the Fireworks show. The date for the event would be June 9, 2018
since August would be too dry. Director Brown contacted the Douglas
County Sheriff’s Department regarding security for the event. The
District will need to coordinate with Metco regarding the
preparation of the site for the fireworks display. Director Brown
asked if the District Manager had any success in obtaining
additional funding from other HOA’s in the District. Ms. Beyer
stated the HOA’s indicated because their budgets were completed
prior to the request so they did not have additional funds for the
fireworks show. Ms. James will contact the HOA’s attorney to revise
the agreement
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RECORD OF PROCEEDINGS
4
LEGAL MATTERS
in the Board packet since the District would not be a party to
the agreement between the fireworks vendor and the HOA. Rather, the
District would be an additional insured and the District would
enter into a license agreement with the HOA for the HOA to use the
District’s property. B. Other – None.
A. Update Regarding Final Water Due Diligence Filing and
Executive Session pursuant to C.R.S., Section 24-6-402(4)(B) and
for the Purposes of Receiving Legal Advice on Specific Legal
Questions, if requested or if needed
Ms. James stated this item was not needed.
B. Review and Consider Approval of Resolution Accepting 2018
Accounting Fee Schedule for CliftonLarsonAllen LLP After review,
upon a motion duly made by Director Clinard, seconded by Director
Brown, and upon vote unanimously carried, the Board approved the
Resolution Accepting 2018 Accounting Fee Schedule for
CliftonLarsonAllen LLP with the correct of “Rage” to “Rate”. C.
Review and Consider Approval of Resolution 2018-01-__,
Resolution Approving Services Agreement with Moore Preferred
Cleaning Services, Inc.
Ms. James explained the Service Agreement with the Board, noting
the prices remained the same as 2017. After discussion, upon a
motion duly made by Director Clinard, seconded by Director Bendall,
and upon vote unanimously carried, the Board approved Resolution
2018-01-__, Resolution Approving Services Agreement with Moore
Preferred Cleaning Services, Inc. D. Review and Consider Approval
of Resolution 2018-01-__,
Resolution Approving Services Agreement with Planet Scuba,
LLC
Ms. James explained the Services Agreement with Planet Scuba,
LLC. After discussion, upon a motion duly made by Director Clinard,
seconded by Director Goodrich, and upon vote unanimously carried,
the Board approved Resolution 2018-01-__, Resolution Approving
Services Agreement with Planet Scuba, LLC.
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RECORD OF PROCEEDINGS
5
E. Review and Consider Approval of Resolution 2018-01-__,
Resolution Approving Services Agreement with Patriot Pest Control,
LLC
Ms. James explained the Services Agreement with Patriot Pest
Control, LLC. After discussion, upon a motion duly made by Director
Clinard, seconded by Director Bendall, and upon a vote unanimously
carried, the Board approved Resolution 2018-01-__, Resolution
Approving Services Agreement with Patriot Pest Control, LLC. F.
Review and Consider Approval of Resolution 2018-01-__,
Resolution Approving Services Agreement with All Phase
Restoration Denver, LLC
Ms. James explained the Services Agreement with All Phase
Restoration, LLC. After discussion, upon a motion duly made by
Director Goodrich, seconded by Director Bendall, and upon vote
unanimously carried, the Board approved Resolution 2018-01-__,
Resolution Approving Services Agreement with All Phase Restoration,
LLC noting work is to be completed by June 2, 2018 and within 14
days of when the work begins. G. Scott Maynard Update Ms. James
provided an update regarding the Scott Maynard project. After
discussion, upon a motion duly made by Director Goodrich, seconded
by Director Clinard, and upon vote unanimously carried, the Board
approved payment to Scott Maynard Productions, LLC in the amount of
$14,455 with 10% retained. The retention is to be released after
June 15, 2018 when the lip is inspected and settled on the softball
field. H. Other
Review and Consider Approval of Resolution 2018-01-__,
Resolution Approving the Services Agreement with Cem-Lake
Ms. James explained the Services Agreement with the Board. After
discussion, upon a motion duly made by Director Bendall, seconded
by Director Clinard, and upon vote unanimously carried, the Board
approved Resolution 2018-01-__, Resolution Approving the Services
Agreement with Cem-Lake. Ms. James explained and discussed the
status of the Metco
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RECORD OF PROCEEDINGS
6
Agreements for Landscaping and Snow Removal. The Board asked the
District Manager to contact Metco to carve out the price of the
tree spraying from their price in the landscape contract. The Board
also asked the District Manager to confirm with Bailey Tree the
frequency of visiting the District and notification by Bailey Tree
to the District Manager of the overall health of the District
trees.
ENGINEERING MATTERS
A. 7 Acre Pond Update Mr. Barnett updated the Board on the 7
Acre Pond. B. Ark Ecological 2018 Proposal for 7 Acre Pond Mr.
Barnett explained the Ark Ecological 2018 Proposal. After
discussion, upon a motion duly made by Director Clinard, seconded
by Director Goodrich, and upon vote unanimously carried, the Board
approved the Ark Ecological 2018 Proposal for 7 Acre Pond in the
amount of $16,000 and authorized payment of up to 1/3 of the amount
for the materials. C. Pump Station Irrigation Controls Systems
Update
Mr. Barnett gave an update on the pump station irrigation
controls system. After discussion, upon a motion duly made by
Director Clinard, seconded by Director Brown, and upon vote
unanimously carried, the Board approved an additional amount of
$8,358 to Browns Hill Engineering & Controls. Ms. James will
draft an amendment to the current agreement for signature at the
February meeting. D. Water Rights Discussion Mr. Barnett discussed
the proposal of Leonard Rice Engineers, Inc. for establishing the
conditional water rights of the District. E. Other - None
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RECORD OF PROCEEDINGS
7
MANAGER MATTERS
A. Fishing Sign Update Ms. Beyer presented the Manager
Memorandum updates, stating the signs were complete and with the
residents who volunteered to install the signs. The resident were
waiting until the weather gets better before they installed the
signs in the ponds. B. Playground Equipment Update 1. Review and
Consider Approval of Quotation from Star Playgrounds for Playground
Equipment - $1,132 Ms. Beyer discussed the quote from Star
Playgrounds. The Board deferred action on this matter until the
next meeting. 2. Review and Consider Approval of Quotation from
Star Playgrounds for Pipe and Wall Barrier - $1,449 Ms. Beyer
discussed the quotation to clean up the area on Rampart Range Road.
The Board declined to take any action on this matter at this time.
C. Other Ms. Beyer discussed the proposal received from Tennis
Academy of Colorado to provide tennis lesson for the District. The
Board directed the District Manager to check on the rates for
commercial businesses renting courts for lessons. The Board also
asked the District Manager to get the cost of tennis net
replacement.
OTHER BUSINESS
None.
ADJOURNMENT Upon a motion duly made by Director Clinard,
seconded by Director Goodrich, and upon vote unanimously carried,
the Board adjourned the meeting at 9:09 p.m.
Respectfully submitted,
By: ,
_________________
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-
General Debt CapitalFund Service Fund Projects Fund Total
FirstBank - Checking AccountBalance as of 12/31/17 25,915.29$ -$
-$ 25,915.29$ Subsequent activities:
01/10/18 - Transfer from Colotrust 25,000.00 - 25,000.00
50,000.00 ACH - January IREA payments (854.83) - - (854.83) ACH -
January Rox W/S payments (1,212.48) - - (1,212.48) ACH - January
Xcel payments (20.17) - - (20.17) 01/18/18 - ADP Director fees /
payroll tax (430.60) - - (430.60) 01/16/18 - Checks 1040-1045
(23,677.13) - (23,551.00) (47,228.13) 02/8/18 - Scott Maynard - -
(13,009.50) (13,009.50) Anticipated February Water & Sanitation
payments (1,212.48) - - (1,212.48) Anticipated February ACH
payments (IREA) (854.83) - - (854.83) Anticipated February ACH
payments (Xcel) (20.00) - - (20.00) Anticipated February
payroll/taxes (538.25) - - (538.25) Anticipated February vouchers
payable (26,320.63) - - (26,320.63) Additional transfer from
Colotrust 38,000.00 - 12,000.00 50,000.00
Anticipated Balance 33,773.89 - 439.50 34,213.39
Colotrust - PlusBalance as of 12/31/17 663,758.59 797,003.26
1,106,700.39 2,567,462.24 Subsequent activities:
01/05/18 - Douglas County School District 300.00 - - 300.00
01/10/18 - December Property/ SO Taxes 21,252.83 - - 21,252.83
01/10/18 - Transfer to First Bank (25,000.00) - (25,000.00)
(50,000.00) 01/31/18 - Interest income - 3,263.46 - 3,263.46 AR
from Aspen Park - IREA reimb 4,533.56 - - 4,533.56 02/10/18 -
December Property/ SO Taxes 48,658.54 58,838.81 - 107,497.35
Anticipated transfer to FirstBank (38,000.00) - (12,000.00)
(50,000.00)
Anticipated Balance 675,503.52 859,105.53 1,069,700.39
2,604,309.44
UMB - 1993 A & B Bond Fund Balance as of 12/31/17 -
670,933.73 - 670,933.73 Subsequent activities:
1/31/18 - Interest income - 812.05 - 812.05 Anticipated Balance
- 671,745.78 - 671,745.78
Anticipated Balances 709,277.41$ 1,530,851.31$
1,070,139.89$ 3,310,268.61$
Yield information (as of 1/31/18): Wells Fargo Bank -
0.0%Colotrust Plus - 1.51%UMB (invested in Federated Treas Obligs
Money Mkt) - varies daily
ROXBOROUGH VILLAGE METROPOLITAN DISTRICTSchedule of Cash
Position
December 31, 2017Updated as of February 13, 2018
19
-
ROXBOROUGH VILLAGE METRO DISTRICT Property Taxes
Reconciliation
2018
20
January
February
March
April
May
June
July
August
September
October
November
December
Current Year Prior Year Delinquent Specific Net % of Total
Property Total % of Total Property
Property Taxes, Rebates Ownership Treasurer's Amount Taxes
Received Cash Taxes Received Taxes and Abatements Taxes Interest
Fees Received Monthly Y-T-D Received Monthly Y-T-D
$ 80,970.58 $ - $ 27,741.33 $ - $ (1,214.56) $ 107,497.35 2.53%
2.53% $ 72,439.90 1.99% 1.99% - - - - - $ - 0.00% 2.53%
1,288,386.59 43.94% 45.93% - - - - - - 0.00% 2.53% 157,785.72 1.83%
47.76% - - - - - - 0.00% 2.53% 193,864.47 7.33% 55.09% - - - - - -
0.00% 2.53% 362,566.70 9.82% 64.91% - - - - - - 0.00% 2.53%
1,030,926.17 33.91% 98.82% - - - - - - 0.00% 2.53% 36,475.91 0.66%
99.48% - - - - - - 0.00% 2.53% 30,474.99 0.21% 99.70% - - - - - -
0.00% 2.53% 25,619.40 0.01% 99.71% - - - - - - 0.00% 2.53%
14,748.13 0.04% 99.75% - - - - - - 0.00% 2.53% 28,003.40 0.22%
99.97% - - - - - - 0.00% 2.53% 23,707.82 0.00% 99.97%
$ 80,970.58 $ - $ 27,741.33 $ - $ (1,214.56) $ 107,497.35 2.53%
2.53% $ 3,264,999.20 99.97% 99.97%
Property Taxes % Collected to
Taxes Levied % of Levied Collected Amount Levied Chatfield
Farms
Property Tax General Fund
Debt Service Fund
Specific Ownership Tax General Fund
Debt Service Fund
Treasurer's Fees General Fund
Debt Service Fund
$ 840,033 26.23% $ 21,235.75 2.53% $ 236,721.00
2,362,960 73.77% 59,734.83 2.53% -
$ 3,202,993 100.00% $ 80,970.58 2.53% $ 236,721.00
$ 320,300 100.00% $ 27,741.33 8.66%
- 0.00% - 0.00%
$ 320,300 100.00% $ 27,741.33 8.66%
$ 12,610 26.23% $ 318.54 2.53% $ 93.24
35,400 73.77% 896.02 2.53% -
$ 48,010 100.00% $ 1,214.56 2.53% $ 93.24
ROXBOROUGH VILLAGE METRO DISTRICT Property Taxes
Reconciliation
2018
20
January
February
March
April
May
June
July
August
September
October
November
December
Current Year Prior Year Delinquent Specific Net % of Total
Property Total % of Total Property
Property Taxes, Rebates Ownership Treasurer's Amount Taxes
Received Cash Taxes Received Taxes and Abatements Taxes Interest
Fees Received Monthly Y-T-D Received Monthly Y-T-D
$ 80,970.58 $ - $ 27,741.33 $ - $ (1,214.56) $ 107,497.35 2.53%
2.53% $ 72,439.90 1.99% 1.99% - - - - - $ - 0.00% 2.53%
1,288,386.59 43.94% 45.93% - - - - - - 0.00% 2.53% 157,785.72 1.83%
47.76% - - - - - - 0.00% 2.53% 193,864.47 7.33% 55.09% - - - - - -
0.00% 2.53% 362,566.70 9.82% 64.91% - - - - - - 0.00% 2.53%
1,030,926.17 33.91% 98.82% - - - - - - 0.00% 2.53% 36,475.91 0.66%
99.48% - - - - - - 0.00% 2.53% 30,474.99 0.21% 99.70% - - - - - -
0.00% 2.53% 25,619.40 0.01% 99.71% - - - - - - 0.00% 2.53%
14,748.13 0.04% 99.75% - - - - - - 0.00% 2.53% 28,003.40 0.22%
99.97% - - - - - - 0.00% 2.53% 23,707.82 0.00% 99.97%
$ 80,970.58 $ - $ 27,741.33 $ - $ (1,214.56) $ 107,497.35 2.53%
2.53% $ 3,264,999.20 99.97% 99.97%
Property Taxes % Collected to
Taxes Levied % of Levied Collected Amount Levied Chatfield
Farms
Property Tax General Fund
Debt Service Fund
Specific Ownership Tax General Fund
Debt Service Fund
Treasurer's Fees General Fund
Debt Service Fund
$ 840,033 26.23% $ 21,235.75 2.53% $ 236,721.00
2,362,960 73.77% 59,734.83 2.53% -
$ 3,202,993 100.00% $ 80,970.58 2.53% $ 236,721.00
$ 320,300 100.00% $ 27,741.33 8.66%
- 0.00% - 0.00%
$ 320,300 100.00% $ 27,741.33 8.66%
$ 12,610 26.23% $ 318.54 2.53% $ 93.24
35,400 73.77% 896.02 2.53% -
$ 48,010 100.00% $ 1,214.56 2.53% $ 93.24
ROXBOROUGH VILLAGE METRO DISTRICT Property Taxes
Reconciliation
2018
January February March April May June July August September
October November December
Current Year Prior Year
Delinquent Specific Net % of Total Property Total % of Total
Property Property Taxes, Rebates Ownership Treasurer's Amount Taxes
Received Cash Taxes Received
Taxes and Abatements Taxes Interest Fees Received Monthly Y-T-D
Received Monthly Y-T-D
$ 80,970.58 $ - $ 27,741.33 $ - $ (1,214.56) $ 107,497.35 2.53%
2.53% $ 72,439.90 1.99% 1.99% - - - - - $ - 0.00% 2.53%
1,288,386.59 43.94% 45.93% - - - - - - 0.00% 2.53% 157,785.72 1.83%
47.76% - - - - - - 0.00% 2.53% 193,864.47 7.33% 55.09% - - - - - -
0.00% 2.53% 362,566.70 9.82% 64.91% - - - - - - 0.00% 2.53%
1,030,926.17 33.91% 98.82% - - - - - - 0.00% 2.53% 36,475.91 0.66%
99.48% - - - - - - 0.00% 2.53% 30,474.99 0.21% 99.70% - - - - - -
0.00% 2.53% 25,619.40 0.01% 99.71% - - - - - - 0.00% 2.53%
14,748.13 0.04% 99.75% - - - - - - 0.00% 2.53% 28,003.40 0.22%
99.97% - - - - - - 0.00% 2.53% 23,707.82 0.00% 99.97%
$ 80,970.58 $ - $ 27,741.33 $ - $ (1,214.56) $ 107,497.35 2.53%
2.53% $ 3,264,999.20 99.97% 99.97%
Property Taxes % Collected to Taxes Levied % of Levied Collected
Amount Levied Chatfield Farms
Property Tax General Fund Debt Service Fund
Specific Ownership Tax General Fund Debt Service Fund
Treasurer's Fees General Fund Debt Service Fund
$ 840,033 26.23% $ 21,235.75 2.53% $ 236,721.00 2,362,960 73.77%
59,734.83 2.53% -
$ 3,202,993 100.00% $ 80,970.58 2.53% $ 236,721.00
$ 320,300 100.00% $ 27,741.33 8.66% - 0.00% - 0.00%
$ 320,300 100.00% $ 27,741.33 8.66%
$ 12,610 26.23% $ 318.54 2.53% $ 93.24 35,400 73.77% 896.02
2.53%
$ 48,010 100.00% $ 1,214.56 2.53% $ 93.24
ROXBOROUGH VILLAGE METRO DISTRICT Property Taxes
Reconciliation
2018
January February March April May June July August September
October November December
Current Year Prior Year
Delinquent Specific Net % of Total Property Total % of Total
Property Property Taxes, Rebates Ownership Treasurer's Amount Taxes
Received Cash Taxes Received
Taxes and Abatements Taxes Interest Fees Received Monthly Y-T-D
Received Monthly Y-T-D
$ 80,970.58 $ - $ 27,741.33 $ - $ (1,214.56) $ 107,497.35 2.53%
2.53% $ 72,439.90 1.99% 1.99% - - - - - $ - 0.00% 2.53%
1,288,386.59 43.94% 45.93% - - - - - - 0.00% 2.53% 157,785.72 1.83%
47.76% - - - - - - 0.00% 2.53% 193,864.47 7.33% 55.09% - - - - - -
0.00% 2.53% 362,566.70 9.82% 64.91% - - - - - - 0.00% 2.53%
1,030,926.17 33.91% 98.82% - - - - - - 0.00% 2.53% 36,475.91 0.66%
99.48% - - - - - - 0.00% 2.53% 30,474.99 0.21% 99.70% - - - - - -
0.00% 2.53% 25,619.40 0.01% 99.71% - - - - - - 0.00% 2.53%
14,748.13 0.04% 99.75% - - - - - - 0.00% 2.53% 28,003.40 0.22%
99.97% - - - - - - 0.00% 2.53% 23,707.82 0.00% 99.97%
$ 80,970.58 $ - $ 27,741.33 $ - $ (1,214.56) $ 107,497.35 2.53%
2.53% $ 3,264,999.20 99.97% 99.97%
Property Taxes % Collected to Taxes Levied % of Levied Collected
Amount Levied Chatfield Farms
Property Tax General Fund Debt Service Fund
Specific Ownership Tax General Fund Debt Service Fund
Treasurer's Fees General Fund Debt Service Fund
$ 840,033 26.23% $ 21,235.75 2.53% $ 236,721.00 2,362,960 73.77%
59,734.83 2.53% -
$ 3,202,993 100.00% $ 80,970.58 2.53% $ 236,721.00
$ 320,300 100.00% $ 27,741.33 8.66% - 0.00% - 0.00%
$ 320,300 100.00% $ 27,741.33 8.66%
$ 12,610 26.23% $ 318.54 2.53% $ 93.24 35,400 73.77% 896.02
2.53%
$ 48,010 100.00% $ 1,214.56 2.53% $ 93.24
20
-
Gross Discount Net CashGL Account Description Open Amount
Available Open Amount Required
CLA CliftonLarsonAllen, LLP
Reference: 1713956 Date: 01/31/18 Discount exp date:GL AP
account: 102500 Due date: 01/31/18 Payment term:
107581 Election expense - CliftonLarsonAllen, LLP 228.00107440
District management - CliftonLarsonAllen, LLP 13,249.20
Totals 13,477.20 0.00 13,477.20 13,477.20
Totals for CliftonLarsonAllen, LLP 13,477.20 0.00 13,477.20
13,477.20
COMM Community Media of Colorado
Reference: 0016774 Date: 02/01/18 Discount exp date:GL AP
account: 102500 Due date: 02/01/18 Payment term:
107480 Miscellaneous - Community Media of Colorado
27.84
Totals 27.84 0.00 27.84 27.84
Totals for Community Media of Colorado 27.84 0.00 27.84
27.84
FOLKESTAD Folkestad Fazekas Barrick & Patoile
Reference: 21686 DEC17 Date: 12/31/17 Discount exp date:GL AP
account: 102500 Due date: 12/31/17 Payment term:
107460 Legal services - Folkestad Fazekas Barrick &
Patoile
1,800.00
Totals 1,800.00 0.00 1,800.00 1,800.00
Reference: 22185 JAN 18 Date: 01/31/18 Discount exp date:GL AP
account: 102500 Due date: 01/31/18 Payment term:
107460 Legal services - Folkestad Fazekas Barrick &
Patoile
6,514.00
Totals 6,514.00 0.00 6,514.00 6,514.00
Totals for Folkestad Fazekas Barrick & Patoile 8,314.00 0.00
8,314.00 8,314.00
FOOTHILLS Foothills Park & Recreation District
Reference: SALES00000031487 Date: 01/31/18 Discount exp date:GL
AP account: 102500 Due date: 01/31/18 Payment term:
107600 Foothills Park and Recreation fees - Foothills Park &
Recreation District
937.63
Totals 937.63 0.00 937.63 937.63
Totals for Foothills Park & Recreation District 937.63 0.00
937.63 937.63
IREA IREA
Reference: 26129901 Date: 01/31/18 Discount exp date:GL AP
account: 102500 Due date: 01/31/18 Payment term:
107701 Utilities - IREA 21.68Totals 21.68 0.00 21.68 21.68
Reference: 21367302 Date: 01/31/18 Discount exp date:GL AP
account: 102500 Due date: 01/31/18 Payment term:
107701 Utilities - IREA 21.57Totals 21.57 0.00 21.57 21.57
Reference: 85311000 Date: 01/31/18 Discount exp date:
Roxborough Village Metropolitan DistrictCash Requirement Report
- Detailed
All Dates
21
-
Gross Discount Net CashGL Account Description Open Amount
Available Open Amount Required
GL AP account: 102500 Due date: 01/31/18 Payment term:107701
Utilities - IREA 75.85
Totals 75.85 0.00 75.85 75.85
Reference: 85210100 Date: 01/31/18 Discount exp date:GL AP
account: 102500 Due date: 01/31/18 Payment term:
107701 Utilities - IREA 128.86Totals 128.86 0.00 128.86
128.86
Reference: 25968000 Date: 01/31/18 Discount exp date:GL AP
account: 102500 Due date: 01/31/18 Payment term:
107701 Utilities - IREA 22.13Totals 22.13 0.00 22.13 22.13
Reference: 85311102 Date: 01/31/18 Discount exp date:GL AP
account: 102500 Due date: 01/31/18 Payment term:
107701 Utilities - IREA 504.00Totals 504.00 0.00 504.00
504.00
Reference: 85350300 Date: 01/31/18 Discount exp date:GL AP
account: 102500 Due date: 01/31/18 Payment term:
107701 Utilities - IREA 21.45Totals 21.45 0.00 21.45 21.45
Reference: 21419100 Date: 01/31/18 Discount exp date:GL AP
account: 102500 Due date: 01/31/18 Payment term:
107701 Utilities - IREA 48.00Totals 48.00 0.00 48.00 48.00
Reference: 23509300 Date: 01/31/18 Discount exp date:GL AP
account: 102500 Due date: 01/31/18 Payment term:
107701 Utilities - IREA 18.00Totals 18.00 0.00 18.00 18.00
Totals for IREA 861.54 0.00 861.54 861.54
LIGHTINGMOB Lighting Mobile, Inc.
Reference: 75519 Date: 02/05/18 Discount exp date:GL AP account:
102500 Due date: 02/05/18 Payment term:
107801 Graffiti removal/ vandalism - Lighting Mobile, Inc.
255.00
Totals 255.00 0.00 255.00 255.00
Totals for Lighting Mobile, Inc. 255.00 0.00 255.00 255.00
METCO METCO LANDSCAPE, INC.
Reference: SM-149111 Date: 01/31/18 Discount exp date:GL AP
account: 102500 Due date: 01/31/18 Payment term:
107595 Landscape contract - METCO LANDSCAPE, INC.
14,876.67
Totals 14,876.67 0.00 14,876.67 14,876.67
Totals for METCO LANDSCAPE, INC. 14,876.67 0.00 14,876.67
14,876.67
ROXWATERSAN Roxborough Water & San District
Reference: 7122381 Date: 01/31/18 Discount exp date:
Roxborough Village Metropolitan DistrictCash Requirement Report
- Detailed
All Dates
22
-
Gross Discount Net CashGL Account Description Open Amount
Available Open Amount Required
GL AP account: 102500 Due date: 01/31/18 Payment term:107701
Utilities - Roxborough Water & San District 99.14
Totals 99.14 0.00 99.14 99.14
Reference: 7124611 Date: 01/31/18 Discount exp date:GL AP
account: 102500 Due date: 01/31/18 Payment term:
107701 Utilities - Roxborough Water & San District
91.71Totals 91.71 0.00 91.71 91.71
Reference: 7121316 Date: 01/31/18 Discount exp date:GL AP
account: 102500 Due date: 01/31/18 Payment term:
107701 Utilities - Roxborough Water & San District
91.71Totals 91.71 0.00 91.71 91.71
Reference: 7122027 Date: 01/31/18 Discount exp date:GL AP
account: 102500 Due date: 01/31/18 Payment term:
107701 Utilities - Roxborough Water & San District
183.42Totals 183.42 0.00 183.42 183.42
Reference: 7122162 Date: 01/31/18 Discount exp date:GL AP
account: 102500 Due date: 01/31/18 Payment term:
107701 Utilities - Roxborough Water & San District
746.50Totals 746.50 0.00 746.50 746.50
Totals for Roxborough Water & San District 1,212.48 0.00
1,212.48 1,212.48
SBPORTABOWL S&B Porta Bowl Restrooms, Inc.
Reference: 382628 Date: 01/10/18 Discount exp date:GL AP
account: 102500 Due date: 01/10/18 Payment term:
107599 Portable restrooms - S&B Porta Bowl Restrooms,
Inc.
108.00
Totals 108.00 0.00 108.00 108.00
Reference: 382629 Date: 01/10/18 Discount exp date:GL AP
account: 112500 Due date: 01/10/18 Payment term:
117599 Portable restrooms - S&B Porta Bowl Restrooms,
Inc.
108.00
Totals 108.00 0.00 108.00 108.00
Totals for S&B Porta Bowl Restrooms, Inc. 216.00 0.00 216.00
216.00
SPECIALCOUR Special Courier LLC
Reference: 3169 Date: 11/30/17 Discount exp date:GL AP account:
102500 Due date: 11/30/17 Payment term:
107480 Miscellaneous - Special Courier LLC 92.50Totals 92.50
0.00 92.50 92.50
Totals for Special Courier LLC 92.50 0.00 92.50 92.50
Company Totals 40,270.86 0.00 40,270.86 40,270.86
Roxborough Village Metropolitan DistrictCash Requirement Report
- Detailed
All Dates
23
-
Date Description Amount
2/1/2018 Xcel Energy payment 20.01 2/15/2018 Water &
Sanitation payment 1,212.48 2/15/2018 IREA payment 854.83 2/15/2018
ADP payroll / taxes 538.25
Total 2,625.57$
Roxborough Village Metropolitan DistrictAuto Pay /
TransfersFebruary 13, 2018
24
-
I:\DATA\EFF\R-Z\ROXBOVIL\Landscape
Services\2018\Snow\ResolutionApprovingMetcoSnowRemovalAgr
2018.doc
1
RESOLUTION
OF THE BOARD OF DIRECTORS OF
ROXBOROUGH VILLAGE METROPOLITAN DISTRICT
DOUGLAS COUNTY, COLORADO
A RESOLUTION APPROVING AGREEMENT FOR SNOW REMOVAL SERVICES
AND SERVICES PERFORMED UNDER
WORK ORDERS BETWEEN ROXBOROUGH VILLAGE METROPOLITAN
DISTRICT AND METCO LANDSCAPE, INC. (2018)
The Roxborough Village Metropolitan District, a quasi-municipal
corporation and political subdivision of the State of Colorado (the
“District”), and Metco Landscape Inc., a Colorado corporation
(“Metco”), desire to enter into an agreement regarding snow removal
services in areas within the District, and regarding additional
services or work performed pursuant to work orders approved by the
District; and
The Board of Directors of the District (the “Board”) has
determined that it is in the best interest of the District to enter
into such agreement in accordance with the terms and conditions set
forth in the Agreement with Metco for Snow Removal Services and
Services Performed Under Work Orders, attached hereto as Exhibit A
(the “Agreement”), for the fiscal year January 1, 2018 through
December 31, 2018; NOW, THEREFORE, be it resolved by the Board of
Directors of Roxborough Village Metropolitan District that:
Section 1: The Agreement is hereby approved. The officers of the
District are authorized to execute the Agreement, and the officers
of and consultants to the District are authorized to take any
actions which are necessary or appropriate for the District’s
performance of the terms of the Agreement.
Section 2: The Board expressly authorizes the District Manager
in the event of an
emergency to approve the expenditure of up to $500.00 for
services or materials pursuant to the Agreement. For purposes of
this section, an emergency shall mean a sudden, urgent, unexpected
occurrence or occasion requiring immediate action to avoid or
minimize injury or damage to person or property if action is not
taken or expenditure made prior to the next scheduled Board
meeting.
APPROVED AND ADOPTED this ____ day of _______________, 2018, by
a vote of ____ for and ____ against.
25
-
I:\DATA\EFF\R-Z\ROXBOVIL\Landscape
Services\2018\Snow\ResolutionApprovingMetcoSnowRemovalAgr
2018.doc
2
ROXBOROUGH VILLAGE METROPOLITAN DISTRICT, a quasi-municipal
corporation and political subdivision of the State of Colorado
By: ___________________________________ Calvin Brown,
Vice-President ATTEST: By:
______________________________________
Ronald Bendall, Secretary
26
-
I:\DATA\EFF\R-Z\ROXBOVIL\Landscape
Services\2018\Snow\ResolutionApprovingMetcoSnowRemovalAgr
2018.doc
3
EXHIBIT A
AGREEMENT FOR SNOW REMOVAL SERVICES AND SERVICES PERFORMED
UNDER WORK ORDERS (2018)
27
-
AGREEMENT FOR SNOW REMOVAL
AND SERVICES PERFORMED UNDER WORK ORDERS
Effective as of January 1, 2018
BETWEEN
ROXBOROUGH VILLAGE METROPOLITAN DISTRICT, a quasi-municipal
corporation and political subdivision of
the State of Colorado organized pursuant to Title 32 of the
Colorado Revised Statutes
(the “District”)
and
METCO LANDSCAPE, INC, a Colorado corporation
(the “Contractor”)
28
-
ii
TABLE OF CONTENTS I. SCOPE OF SERVICE
1.1 Snow Removal Service
...............................................................................
………….1
a. Timing and Extent of Services
................................................................................
1
b. Rates
........................................................................................................................
1
c. Ice Melting Chemicals
............................................................................................
1
d. Damage to Snow Removal Areas
............................................................................
1
1.2 Services Performed Under Work Orders…………………………………………… 2
II. TERMS……………………………………………………………………………………2
III. GENERAL PROVISIONS
.................................................................................................
2
3.1 Attendance at Board Meetings and Reports to District Manager
..................................
3.2 Contractor’s Duties
......................................................................................................
2
a. Professional Standards
............................................................................................
2
b. Quality Assurance
..................................................................................................
2
c. Performance During Term
......................................................................................
3
d. Compliance with the Law
........................................................................................
3
e. Personnel
................................................................................................................
3
f. Licenses
...................................................................................................................
3
g. Mechanics’ and Materialmen’s Liens
.....................................................................
3
h. Hours of Operation – Power Equipment
.................................................................
3
IV. TERMS OF PAYMENT
.....................................................................................................
4
4.1 Request for Payment
....................................................................................................
4
4.2 Documentation
.............................................................................................................
4
4.3 Special Services
...........................................................................................................
4
4.4 Chatfield Farms
............................................................................................................
5
4.5 Service Charges
...........................................................................................................
5
V. TERMINATION/CANCELLATION
.................................................................................
5
5.1 Termination by the District
..........................................................................................
5
5.2 Termination by Contractor……………………………………………………………5
5.3 Attorneys’ Fees
............................................................................................................
6
5.4 Remedies Cumulative
..................................................................................................
6
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iii
5.5 Survival of Provisions
..................................................................................................
6
VI. INDEPENDENT CONTRACTOR
.....................................................................................
6
VII. ILLEGAL ALIENS
............................................................................................................
6
7.1 Employment or Contracting With Illegal Aliens
......................................................... 6
7.2 Verification Regarding Illegal
Aliens………………………………………………...6
7.3 Limitation Regarding Verification
Programs………………………………………...7
7.4 Duty to Terminate a Subcontract
.................................................................................
7
7.5 Duty to Comply with
Investigation..............................................................................
7
7.6 Damages for Breach of
Agreement..............................................................................
7
7.7 Notification
..................................................................................................................
7
7.8 Participation in Employment Verification Program
.................................................... 7
VIII. INDEMNITIES AND WAIVERS
......................................................................................
8
8.1
Definitions....................................................................................................................
8
a. Parties
......................................................................................................................
8
b. Claims
......................................................................................................................
8
c. Indemnify, Waive and Defend
.................................................................................
8
8.2 Indemnities as to Performance
.....................................................................................
8
8.3 Repair Indemnities as Property Damage……………………………………………..
8
8.4 Scope of Indemnities and Waivers
..............................................................................
8
8.5 District’s Reliance
........................................................................................................
9
8.6 District’s Liability
........................................................................................................
9
IX. CONTRACTOR’S INSURANCE
......................................................................................
9
9.1 Coverages
.....................................................................................................................
9
a. Employee Insurance
...............................................................................................
9
b. Liability Insurance
..................................................................................................
9
c. Vehicle Insurance
.................................................................................................
10
d. Umbrella Liability Insurance
................................................................................
10
9.2 Policies
.......................................................................................................................
10
9.3 Evidence of Coverage
................................................................................................
10
X. MISCELLANEOUS
.........................................................................................................
11
10.1 Notice
.......................................................................................................................
11
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iv
10.2 Entire Agreement
.....................................................................................................
11
10.3 Governing Law/Venue
.............................................................................................
11
10.4 Interpretation/Severability
..................................................................................
11-12
10.5 Construction
.............................................................................................................
12
10.6 Authority
..................................................................................................................
12
10.7 Successors and
Assigns............................................................................................
12
EXHIBIT A: Snow Removal Areas Map EXHIBIT B: Snow Removal
Rate
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AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES, SNOW REMOVAL
SERVICES, AND SERVICES PERFORMED UNDER
WORK ORDERS
This Agreement for Landscape Maintenance and Snow Removal
Services, and Services Performed under Work Orders (“Agreement”),
effective as of January 1, 2018 (the “Effective Date”), by and
between Roxborough Village Metropolitan District, a quasi-municipal
corporation and political subdivision of the State of Colorado
organized pursuant to Title 32 of the Colorado Revised Statutes
(the “District”), and Metco Landscape, Inc. a Colorado corporation
(the “Contractor”). I. SCOPE OF SERVICES:
1.1 Snow Removal Services: The Contractor shall provide the Snow
Removal Services on sidewalks, and pedestrian entryways and exits
within the District as shown on Exhibit A attached hereto and
incorporated herein by reference (the “Snow Removal Areas”). The
services to be provided by the Contractor within the Snow Removal
Areas are described herein, and in Exhibit B attached hereto and
incorporated herein by reference (collectively the “Snow Removal
Services”).
a) Timing and Extent of Services. The District’s intention is to
facilitate the use of
sidewalks to access schools, as reflected in the designation of
Priority 1 and Priority 2 walkways as shown on Exhibit A. The
Contractor shall exercise its best efforts to remove snow from
school access sidewalks prior to 8:00 a.m. on school days. The
Contractor will perform snow removal on Priority 1 and Priority 2
walkways as shown on Exhibit A. When two-thirds of the snow removal
budget for District for each year is expended, snow removal for the
remainder of the current budget year will be limited to Priority 1
walkways, unless otherwise directed by the Board of Directors on a
case by case basis. The Contractor shall exercise its judgment to
determine the extent to which it provides Snow Removal Services,
based on snow accumulation of two (2) inches or more, or due to icy
or other related conditions.
b) Rates. Snow Removal Services shall be performed on a time and
material
basis, at the rates set forth in Exhibit B and Exhibit C (the
“Snow Removal Rates”). The rates specified in Exhibit B and Exhibit
C include the equipment and labor to operate such equipment on a
per hour basis. The Contractor and the District agree that the Snow
Removal Rates do not include state sales tax and that the District
is exempt from payment of state sales tax.
c) Ice Melting Chemicals. The Contractor shall exercise its
judgment regarding
the application of ice melting chemicals. The District
acknowledges that ice melting chemicals may cause damage to plants
and turf, and that the Contractor assumes no liability for any
damage which results from the proper application of such ice
melting chemicals.
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d) Damage to Snow Removal Areas. Except for extraordinary
snowfalls, any repair or replacement of damaged vegetation or
landscape improvements resulting from Contractor’s Snow Removal
Services shall be at the expense of the Contractor. 1.2 Services
Performed Under Work Orders: The terms of this Agreement shall
apply to any services or work performed by the Contractor
pursuant to a Work Order approved by the District (the “Work
Order”).
Snow Removal Services and services performed pursuant to any
Work Order may be
collectively referred to herein as the Services. II. TERM: The
term of this Agreement shall be from January 1, 2018 to December
31, 2018. III. GENERAL PROVISIONS:
3.1 Attendance at Board Meetings and Reports to District
Manager. Attendance
at Board meetings by the Contractor is mandatory during the
winter months for the term of this Agreement. A summary report of
all activities for the prior month shall be submitted to the
District Manager by the second Tuesday of the month in a form
defined in paragraph 4.1 of this Agreement. An agenda for the
upcoming District Meeting shall also be submitted to the District
Manager by the second Tuesday of the month. Contractor’s employee
shall be the dedicated Account Manager for the District during the
term of the Agreement.
If the Contractor cannot resolve questions concerning
responsibility for damage, repair,
cost and interpretation of the provisions of this Agreement with
the District Manager, the Contractor may meet with the Board.
3.2 Contractor’s Duties. The Contractor will render the Services
as follows:
a) Professional Standards. The Services will be performed by the
Contractor in
accordance with the generally accepted standards of care, skill,
diligence and professional competence applicable to contractors
engaged in providing similar services at the time and place that
the Services are rendered. Except as otherwise set forth herein,
the Contractor shall be responsible to repair, at its cost, any
damage caused by its employees, agents, or subcontractors while
performing the Services.
b) Quality Assurance. All larger repairs or items outside the
scope of the services
shall be brought to the attention of the District Manager for
review and may require Board approval.
c) Performance During Term. The Contractor will commence
performing the
Standard Landscape Services and the Snow Removal Services on the
first day of the term of this Agreement, and will thereafter
continually and diligently perform the Standard Landscape Services
and the Snow Removal Services, and the Special Services
requested
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3
by the District throughout the term of this Agreement. d)
Compliance with the Law. The Contractor will, at its own expense,
throughout
the term of this Agreement, comply with all federal, state, and
local laws, statutes, ordinances, codes, regulation, requirements,
guidelines, court rulings and orders of all governmental
authorities applicable to services performed by the Contractor
under this Agreement, including but not limited to employee
safety.
e) Personnel. The Contractor represents that all of its
personnel who will perform
any services under this Agreement, have received the
information, instructions, and training required to provide such
services, including training to prevent harm to such personnel,
residence and members of the public who may be in the vicinity.
f) Licenses. The Contractor and all of its employees performing
tasks that
require licensing are licensed to the extent required by all
Applicable Law and will, at Contractor’s cost, maintain such
licensing throughout the term of this Agreement. Such licenses
include any requirements set forth by the State of Colorado and
Environmental Protection Agency.
g) Mechanics’ and Materialmen’s Liens. The Contractor will (i)
make timely
payments to Contractor’s employees, subcontractors and/or
suppliers, and (ii) be responsible for satisfaction of any liens
and encumbrances which are filed or asserted against the District
and/or the Property which liens result from the services performed
by the Contractor under this Agreement. If any lien is filed
claiming by, through or under the Contractor or the services
performed by the Contractor, the Contractor will cause such lien to
be discharged or bonded within 10 days after its filing. If the
Contractor fails to cause such lien to be discharged or bonded
within such ten (10) day period, the District, in addition to any
other available remedy, may bond or discharge the lien and, at
District’s discretion, deduct its costs incurred, including
attorneys’ fees and interest at the rate of twelve (12%) percent
per annum from the due date, from any payments due the Contractor
or invoice the Contractor for the amounts paid, which invoice shall
be due and payable upon ten (10) days after receipt. Contractor’s
obligations in this subsection shall not apply if the District has
not made payment to Contractor for the services performed.
h) Hours of Operation – Power Equipment. Snow plowing services,
may be
performed as necessary under this Agreement.
IV. TERMS OF PAYMENT:
4.1 Request for Payment. During the term of this Agreement the
Contractor shall submit to the District Manager by the second
Tuesday of the month a standard pay request form attached to a
report detailing the following:
Snow Removal Services performed during the previous month
including but not limited
to: Locations
34
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4
Time and rate per hour of each employee (if applicable)
Quantities of materials used in the work performed Reason for work
performance
Detail of problems encountered and corrective action taken or
proposed to be taken Work Orders recommended to be performed in the
future and reason for performance If taken, payment requests for
Work Orders performed and supporting documentation Maintenance
inspection report discussing (but not limited to) the
following:
Safety conditions Appearance Follow up items for the following
month
Services performed during the previous month pursuant to an
approved Work Order. Any failure to timely provide the foregoing
detailed pay request form and report may delay payment up to the
next monthly District Meeting. 4.2 Documentation. To the extent
that the Contractor performs Special Services pursuant to a Work
Order, the Contractor will retain during the term of this Agreement
and for the longer of (i) two (2) years after the completion of the
Work Order, or (ii) until the final resolution of any outstanding
dispute between the District and Contractor, Contractor’s internal
books and records pertaining to Work Orders, which shall be kept in
sufficient detail and condition to permit periodic audits of such
books and records by the District and the Contractor. The
Contractor will, upon request, provide time records and/or records
of services performed under the Work Order shown on any invoice.
4.3 Special Services. The Contractor shall submit invoices for all
services to the District Manager within thirty (30) days of
performing the work. “Special Services” is defined as any
additional services performed pursuant to Work Orders. Payments
will be made to the Contractor by the last day of the month
following the month in which the invoice is approved for payments
by the Board of Directors of the District. The District is exempt
from Colorado state and local sales and use taxes. Contractor’s
invoices shall not include any sums for such taxes. 4.4 Chatfield
Farms. All invoices for the Services performed shall separately
identify the cost of any Services performed within the Chatfield
Farms areas shown on Exhibit A. 4.5 Service Charges. A service
charge of 1% per month will be added to all balances not paid by
the last day of the month following the month in which the invoice
is approved for payment by the District Manager. This represents an
annual rate of 12%. In addition to all service charges, there shall
also be paid the reasonable cost of collection, including
attorneys’ fees and court costs. V. TERMINATION/CANCELLATION: 5. 1
Termination by the District. Contractor agrees that as partial
consideration for the District’s entering into this agreement that
the District has the right to terminate this agreement as
follows:
35
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5
If the Board determines, in its sole and subjective discretion,
that the Contractor has failed or is failing to provide the
Services in accordance with the terms of this Agreement, and such
failure constitutes a material default by the Contractor of its
obligation under this Agreement, the District may terminate this
Agreement, upon such terms and within such time period as specified
in a Notice of Termination delivered by the District Manager to the
Contractor. Such Notice of Termination shall give thirty (30) days
notice of such termination to the Contractor. If the Board
determines that the Contractor is in material default of the terms
of this Agreement, the notice of termination shall so specify and
in such case, no notice is required to be given prior to the Notice
of Termination. Notwithstanding the foregoing, if the District in
its sole and subjective discretion determines that it would prefer
for Contractor to remedy any failure to provide services, the Board
may instead of a Notice of Termination, deliver to the Contractor a
Notice of Deficiency. Such Notice of Deficiency shall identify any
dissatisfaction by the District with the Contractor’s performance
of its obligations under this agreement. The Contractor shall have
thirty (30) days from the effective date of the Notice of
Deficiency, to satisfy the Board that it has or will take
appropriate action to address the matter(s) identified in the
Notice of Deficiency. Should the Contractor satisfy the Boards
dissatisfaction through its correction per the Notice of
Deficiency, then this agreement shall remain in full force and
effect. At all times the Board shall retain the right to provide
Notice of Termination as provided herein. If District terminates
this Agreement for any reason, it shall pay Contractor in full for
any Services performed pursuant to the Agreement up to the date of
termination. Such payment shall be made in accordance with Section
6 herein. 5.2 Termination by Contractor. Contractor may terminate
this Agreement with 30 days notice to the District for the
District’s willful breach of Section 4 herein, provided that
Contractor is not in default under Section 4. 5.3 Attorneys’ Fees.
If any legal action is brought by either party to enforce the terms
of this Agreement, the prevailing party in such action will be
entitled to attorneys’ fees, and costs in addition to any other
relief to which such party is entitled. 5.4 Remedies Cumulative.
Unless otherwise expressly limited in this Agreement, District’s
rights and remedies set forth herein will be in addition to, and
not in limitation of, any rights and remedies otherwise imposed or
available under applicable law.
5.5 Survival of Provisions. Termination of this Agreement for
any reason will not affect (i) any right or obligation of either
party which accrued or vested prior to such termination, or (ii)
any continuing obligation, liability or responsibility of the
Contractor, including without limitation Contractor’s indemnity,
and warranty obligation(s) under this Agreement. VI. INDEPENDENT
CONTRACTOR: It is the express intention of the parties that the
Contractor is not employed by the District but is an independent
contractor. Any agent or employee of the Contractor shall never be
deemed to be
36
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6
an employee or agent of the District. The manner and means of
providing the Services are under the sole control of the
Contractor. The payment or withholding of any federal, state, and
local taxes for the Contactor, its employees or agents shall be the
responsibility of the Contractor. As an independent contractor, the
Contractor shall be responsible for complying with all applicable
workers’ compensation law concerning itself, its employees, agents
and subcontractors. Contractor shall furnish all supervision,
labor, materials, tools and equipment necessary to perform its
obligations under this agreement.
VII. ILLEGAL ALIENS:
The Contractor certifies that it shall comply with the
provisions of C.R.S. § 8-17.5-101, et seq., or as it may be amended
from time to time during the term of this Agreement. 7.1 Employment
or Contracting With Illegal Aliens. The Contractor hereby certifies
that it shall not knowingly employ or contract with an illegal
alien who will perform the Services under this Agreement, or
knowingly contract with a subcontractor that fails to certify to
the Contractor that such subcontractor does not knowingly employ or
contract with an illegal alien to perform the Services under this
Agreement. 7.2 Verification Regarding Illegal Aliens. The
Contractor hereby represents, warrants, and agrees that the
Contractor will participate in the E-Verify Program or the
Department Program established pursuant to the requirements of
C.R.S. § 8-17.5-102 (5)(c), which may be collectively referred to
as the “Employment Verification Programs”, in order to confirm the
employment eligibility of all of its employees who are newly hired
for employment to perform the Services (”Newly Hired Employees”).
The Contractor represents, warrants, and agrees that Contractor has
verified the employment eligibility of its Newly Hired Employees
through participation in either of the Employment Verification
Programs. 7.3 Limitation Regarding Verification Programs. The
Contractor is prohibited from using Employment Verification
Programs’ procedures to undertake pre-employment screening of job
applicants while this Agreement is being performed. 7.4 Duty to
Terminate a Subcontract. If the Contractor obtains actual knowledge
that a subcontractor performing the Services knowingly employs or
contracts with an illegal alien, the Contractor shall:
a) notify the subcontractor and the District within three (3)
days that the Contractor has actual knowledge that the
subcontractor is employing or contracting with an illegal alien;
and
b) terminate the subcontract with the subcontractor if, within
three (3) days of
receiving notice required pursuant to C.R.S. §
8-17.5-102(2)(b)(III)(A) that Contractor has actual knowledge that
the subcontractor is employing or contracting with an illegal
alien, the subcontractor does not stop employing or contracting
with the illegal alien.
37
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7
The Contractor shall not terminate the contract with the
subcontractor if during such three (3) days the subcontractor
provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
7.5 Duty to Comply with Investigation. The Contractor shall
comply with any reasonable request made by the Colorado Department
of Labor and Employment made in the course of an investigation
pursuant to C.R.S. § 8-17.5-102(5). 7.6 Damages for Breach of
Agreement. In addition to any other legal or equitable remedy to
which the District may be entitled for a breach of this Agreement,
if the District terminates this Agreement, in whole or in part, due
to Contractor’s breach of any requirements of C.R.S. § 8-17.5-101,
et seq., the Contractor shall be liable for actual and
consequential damages to the District. 7.7 Notification. The
District shall notify the office of the Colorado Secretary of State
if the Contractor violates a provision of this Agreement required
pursuant to C.R.S. § 8-17.5-102(2), and the District terminates the
Agreement for such breach. The District will notify the Colorado
Secretary of State if a court made such a determination. 7.8
Participation in Employment Verification Program. If the Contractor
participates in the Department Program, it shall (i) notify the
District of its participation, and (ii) within twenty (20) days
after hiring the Newly Hired Employee, provide a written, notarized
copy of the affirmation to the District pursuant to the
requirements of C.R.S § 8-17.5-102(5)(c)(II) stating that the
Contractor has examined the legal status of the Newly Hired
Employee. The Contractor hereby consents to audits conducted by the
Colorado Department of Labor and Employment to review documents
required pursuant to C.R.S § 8-17.5-102(5). VIII. INDEMNITIES AND
WAIVERS:
8.1 Definitions.
a) Parties. The “Contractor Parties” are the Contractor, its
officers, members, partners, agents and employees, subcontractors
and all other persons and entities over whom the Contractor
exercises control or supervision. The “District Parties” are the
District, its manager, officers, directors, employees, agents,
independent contractors, and consultants. A “Beneficiary” is the
intended recipient of the benefits of another party’s indemnity,
waiver or obligation to defend.
b) Claims. “Claims” means all damages, losses, injuries,
liabilities, penalties,
disbursements, costs, expenses, charges, assessments and
expenses (including attorneys’ fees, experts’ fees, and expenses
incurred in investigating, defending or prosecuting any litigation
or proceeding), claims, demands, litigation, suits, proceedings,
causes of action (whether in tort or contract or in law or at
equity) or judgments.
c) Indemnify, Waive and Defend. “Indemnify” means to protect a
party against
potential Claims and/or to compensate a party for Claims
actually incurred. “Waive”
38
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8
means to knowingly and voluntarily relinquish a right and/or to
release another party from liability in connection with Claims.
“Defend” means to provide a legal defense of a Beneficiary against
Claims with counsel reasonably acceptable to such Beneficiary and
at no cost to the Beneficiary.
8.2 Indemnities as to Performance. To the fullest extent
permitted by applicable law, the Contractor will Indemnify and
Defend the District Parties against all Claims arising out of any
intentional, reckless, gross or negligent act or omission by any
Contractor Party which Claims arise from or in connection with
Contractor’s performance of the Services pursuant to this
Agreement, or from the violation of or failure of any Contractor
Party to comply with any applicable law. 8.3 Repair Indemnities as
to Property Damage. Contractor shall be responsible for prompt
repair and any indemnification related thereto or any damage to
District property caused by Contractor or their personnel. Labor
and materials for the repair or replacement of said damages shall
be provided and borne by Contractor.
8.4 Scope of Indemnities and Waivers. The indemnities, waivers
and obligations to defend contained in this Agreement (i) will be
enforced for the benefit of the applicable Beneficiary even if the
Claim in question is caused by the active or passive negligence or
sole, joint, concurrent or comparative negligence of such
Beneficiary, and regardless of whether liability without fault or
strict liability is imposed upon or alleged against such
Beneficiary, but not to the extent that a court of competent
jurisdiction holds in a final judgment that a Claim is caused by
the intentional or reckless act or omission of such Beneficiary;
(ii) are independent of, and shall not be limited by, each other or
any insurance obligations in this Agreement until all related
Claims against the Beneficiaries are fully and finally barred by
any applicable law. 8.5 District’s Reliance. In reliance on the
indemnity, waiver and undertaking to defend contained in herein and
the agreement by the Contractor to obtain and maintain in force the
insurance policies and endorsements described hereinafter, the
District may not carry primary insurance for Claims arising from
any Contractor’s Parties acts or omissions. The Contractor
acknowledges that Contractor is relying not on the District or
District’s Insurance in order to pay Claims arising from any
Contractor Parties acts or omissions, but rather on (A) the
insurance required by Section XI of this Agreement and any
additional insurance the Contractor has elected to carry; (B)
Contractor’s own funds, as to deductibles and self-insured
retentions under Contractor’s insurance and as to Claims which
exceed Contractor’s insurance limits; and (C) third parties (other
than the District Parties), as to Claims arising from the actions
of third parties. 8. 6 District’s Liability. District’s liability
for failure to perform its obligations under this Agreement shall
be limited to suit for breach of contract. The Contractor waives
all Claims against the District for consequential, special, or
punitive damages allegedly suffered by any Contractor Party,
including lost profits and business interruption. No provision of
this Agreement shall be construed as a waiver by the District of
any constitutional, statutory, or other governmental immunity
provided by law.
39
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9
IX. CONTRACTOR’S INSURANCE:
9.1 Coverages. The Contractor will, at its sole cost and
expense, maintain in effect at all times during the term of this
Agreement and as otherwise required hereunder, the following
insurance coverages with limits of not less than those set forth
below. Contractor further agrees to maintain and supply
documentation of any additional public liability or property damage
insurance that may be required by the State of Colorado during the
term of this agreement. a) Employee Insurance. Coverage Minimum
Amounts and Limits Worker’s Compensation $500,000 (or as required
by Colorado law) Employer’s Liability $1,000,000 (or as required by
Colorado law) This policy will include a waiver of subrogation in
favor of the District Parties. b) Liability Insurance. Coverage
Minimum Amounts and Limits Commercial General Liability $1,000,000
combined single limits per (Occurrence Basis) occurrence respect to
each location This policy wil