roxborough village metropolitan district regular board … · 2019-01-03 · roxborough village...

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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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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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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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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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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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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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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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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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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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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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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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

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ROXBOROUGH VILLAGE METRO DISTRICT Property Taxes Reconciliation

2018

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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


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


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


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


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


107701 Utilities - IREA 21.68Totals 21.68 0.00 21.68 21.68



Reference: 85311000 Date: 01/31/18 Discount exp date:

Roxborough Village Metropolitan DistrictCash Requirement Report - Detailed

All Dates

21


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













Totals for IREA 861.54 0.00 861.54 861.54

LIGHTINGMOB Lighting Mobile, Inc.


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:


All Dates

22


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


107701 Utilities - Roxborough Water & San District 91.71Totals 91.71 0.00 91.71 91.71







Totals for Roxborough Water & San District 1,212.48 0.00 1,212.48 1,212.48

SBPORTABOWL S&B Porta Bowl Restrooms, Inc.


107599 Portable restrooms - S&B Porta Bowl Restrooms, Inc.

108.00

Totals 108.00 0.00 108.00 108.00


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


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


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


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


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

29

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

30

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

31

1

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.

32

2

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

33

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

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:

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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

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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.

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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”

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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.

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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

roxborough village metropolitan district regular board … · 2019-01-03 · roxborough village...

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