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HomeMy WebLinkAboutPACKET Public Works, Utilities and Public Safety 2014-01-09 Thursday, January 9, 2014 Public Safety, Utilities 8:00 a.m. & Public Works Committee Town Board Room 1. PUBLIC COMMENT 2. PUBLIC SAFETY a) RECOMMENDATIONS TO THE TOWN BOARD i. Estes Valley Victim Advocate 2014 Contract. Commander Rose b) REPORTS i. Verbal Updates and Committee Questions. 3. UTILITIES a) RECOMMENDATIONS TO THE TOWN BOARD i. None. b) REPORTS i. Verbal Updates and Committee Questions. 4. PUBLIC WORKS a) RECOMMENDATIONS TO THE TOWN BOARD i. Estes Park Medical Center Right-of-Way Lease Agreement Modification. Dir. Zurn b) REPORTS i. Verbal Updates and Committee Questions. 5. ADJOURN AGENDA Page 1 POLICE DEPARTMENT Memo To: Public Safety, Utilities and Public Works Committee From: Eric Rose, Commander Date: January 9, 2014 RE: Estes Valley Victim Advocates Contract Background: Each year, the Estes Valley Victim Advocates receive funding from the Town of Estes Park for services rendered to crime victims who are residents of the Estes Valley. There have been no new changes to the contract. Budget: $8,000.00 has been budgeted in 2014; which will be distributed equally each quarter from line item 101-2100-421.22-98. Recommendation: Staff recommends approval of the Estes Valley Victim Advocate Contract and placed on Consent Agenda for January 28, 2014 Town Board meeting. CONTRACT FOR SERVICES TOWN OF ESTES PARK THIS CONTRACT, dated this ____________ day of______________, 2014, is by and between the TOWN OF ESTES PARK, STATE OF COLORADO, 170 MacGregor Ave., Estes Park, CO, a body politic and corporate (the "Town"), and ESTES VALLEY VICTIM ADVOCATES, INC. ("Contractor".) RECITALS WHEREAS, the Town plans to continue a project entitled, "ESTES VALLEY VICTIM ADVOCATES," and WHEREAS, the Town desires to retain the services of the Contractor to assist it in studies relative thereto and the planning and designing thereof as set forth in this agreement. AGREEMENT NOW, THEREFORE, for and in consideration of the covenants and conditions set forth herein, and for other good and valuable considerations, the sufficiency of which is hereby acknowledged, the Town and the Contractor agree as follows: 1. CONTRACT DOCUMENTS: the "Contract Documents" shall consist of the following: a. This Contract; b. The Scope of Services, attached hereto as Exhibit "A;" All of which are incorporated by reference as though set forth in full herein, whether or not attached hereto, and shall form an integral part of this contract. If there is any conflict between this Contract and the other Contract Documents, this Contract shall control. 2. THE WORK: The Contractor shall furnish the labor, equipment, materials and supervision necessary for or incident to the complete and timely performance of everything described or reasonably implied from the Contract Documents (the "Work") except as provided for herein. 3. INSPECTION: The Town reserves the right to monitor and evaluate the progress and performance of the Contractor to ensure that the terms of this agreement are being satisfactorily met in accordance with the Town and other applicable monitoring and evaluation criteria and standards. Contractor shall cooperate with Town relating to such monitoring and evaluation. 4. PAYMENT: Upon satisfactory completion of the Work, and provided that Contractor is not in default of the Contract, the Town shall pay the Contractor the firm fixed price of EIGHT THOUSAND DOLLARS AND 00/00 $8,000 in quarterly fund distribution on or about January 2014, April 2014, July 2014 and October 2014, in equal increment payments of $2,000. 5. TERMINATION: The Town reserves the right to terminate this Contract, in whole or in part, with or without cause upon thirty (30) days written notice to the Contractor. In the event of termination, the Contractor shall incur no additional expenses and shall perform no further services for the Town under this Contract as of the date of receipt of the notice of termination unless otherwise specified by the Town. The Town shall pay the Contractor for all services satisfactorily performed prior to receipt of the notice of termination and for other services required by the Town to be completed prior to termination and satisfactorily performed. In the event of termination for cause, the Contractor shall be liable for any and all damages, including without limitations, the cost of procuring similar supplies or services and all other costs and expenses incurred by the Town because of such failure. 6. INDEPENDENT CONTRACTOR STATUS, PAYMENT OF TAXES AND UNEMPLOYMENT INSURANCE: In performing the Work, the Contractor acts as an independent contractor and is not acting as an agent, servant or employee of the Town. The Contractor is solely responsible for necessary and adequate worker's compensation insurance and shall be responsible for withholding and paying all federal and state taxes. The Contractor and its employees are not entitled to unemployment insurance benefits unless unemployment compensation coverage is provided by the Contractor or an entity other than the Town. The Contractor understands and agrees that it is an independent contractor under the terms and conditions of this Agreement. As such, the Contractor is not entitled to employment or insurance benefits through the Town. Also, the Contractor understands and agrees that it is solely responsible for all Federal and State income tax, FICA taxes and unemployment insurance taxes. The Contractor also understands and agrees that it is responsible for workers' compensation coverage and taxes for itself and any employee. 7. INDEMNIFICATION: The Contractor hereby agrees to and does indemnify, defend, save and hold the Town harmless from any and all liability, loss, costs, charges, penalties, obligations, expenses, attorney's fees, litigation, judgments, damages, claims and demands of any kind whatsoever in connection with, arising out of or by any reason of any violation of the contract or of any law, ordinance or regulation by the Contractor, his agents, employees, servants, subcontractors, business invitees; or by reason of any injury or damage however occurring to any person or persons whomever (including the Contractor, his agents, employees, servants, subcontractors, or business invitees) or to property of any kind whatsoever and to whomever belonging (including the Contractor, his agents, employees, servants, subcontractors or business invitees)- or from any cause or causes whatsoever arising out of the performance of services hereunder. 1. INSURANCE REQUIREMENTS: a. The Contractor and its subcontractors shall purchase and maintain such insurance in a company or companies licensed to do business in the State of Colorado as will protect them from claims which may arise out of or result from operations under the Contract whether such operations be by themselves or by any Subcontractor or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. The insurance required by this Contract is set forth below: b. Comprehensive General Liability: The Contractor shall procure and keep in force during the duration of this contract a policy of Comprehensive General Liability insurance insuring the Contractor and naming the Town as an additional insured against any liability for personal injury, bodily injury, or death arising out of the performance of services hereunder and against liability for property damage with a combined single limit of at least $1,000,000. The limits of said insurance shall not be a limit to the liability of the Contractor hereunder. c. Comprehensive Automobile Liability: The Contractor shall procure and keep in force during the duration of this contract a policy of Comprehensive Automobile Liability insurance, insuring the Contractor and naming the Town as an additional insured against any liability for personal injury, bodily injury, or death arising from the use of motor vehicles and shall cover operations on or off the site of all vehicles controlled by the Contractor, whether they are owned, non-owned, or hired, with a combined single limit of at least $1,000,000. The limits of said insurance shall not, however, be a limit to the liability of Contractor hereunder. d. Other Insurance: The Contractor shall procure and keep in force during the term of this Contract, Worker's Compensation and such other insurance as may be required by any applicable law, ordinance or governmental regulation. e. Terms of Insurance: Insurance required shall be with companies qualified to do business in the State of Colorado with a general policy holder's financial rating of not less than that of "A" as set forth in the most current edition of "Best's Insurance Reports", and may provide for deductible amounts as the Contractor may deem to be reasonable for completion of the Work, but in no case greater than $20,000. The Contractor shall not do nor permit to be done anything which shall invalidate the insurance policies referred to in this section, and the Contractor shall immediately advise the Town in writing if a reduction in coverage or other modification of the insurance coverage occurs. Insurance policies shall be for the mutual and joint benefit and protection of the Contractor and the Town. Such policies shall be written as primary policies not contributing to and not in excess of coverage which the Town must carry. f. Proof of Insurance: Prior to the commencement of the Work, the Contractor shall furnish to the Town certificates of insurance policies evidencing the required coverage. Such certificates shall provide that cancellation of the policies in such insurance shall not be effective until thirty (30) days after written notice to the Town. The Contractor shall identify whether the type of coverage is "occurrence" or "claims made". If the type of coverage is "claims made" which at renewal, Contractor changes to "occurrence", Contractor shall carry a six-month tail. The Contractor agrees to insert the substance of these insurance requirements in all subcontracts. Furthermore, the Town will hold the Contractor responsible in the event the subcontractor fails to have adequate insurance. g. The Town reserves the right to approve variations in the above requirements upon request of the Contractor, in the Town's sole discretion. h. Nothing contained in this agreement constitutes a waiver of the Town’s governmental immunity pursuant to the applicable provisions of the Colorado Governmental Immunity Act. 9. AMENDMENT: a. This Contract contains the entire agreement of the parties relating to the subject matter hereof and, except as provided; this Contract may not be modified or amended except by written agreement of the parties. b. The Town reserves the right to omit any of the tasks identified in the Scope of Services upon written notice to the Contractor. 10. MISCELLANEOUS PROVISIONS: Governing Law and Venue: This Contract shall be governed by the laws of the State of Colorado and venue shall be in the County of Larimer, State of Colorado. Assignability: This Contract is voidable by the Town if assigned by the Contractor without the prior written consent of the Town. Survival Clause: The indemnification provision of this Contract shall survive the completion of the Work and the termination of this Contract. Compliance with the Laws: The Contractor shall observe and comply with all applicable laws, including but not limited to federal, state and local laws, regulations, rules or ordinances that effect those employed or engaged by it, the materials or equipment used for the conduct of the Work, and shall procure any and all necessary approvals, licenses and permits, all at its own expense. Severability: If any provision in this Contract shall be declared by a court of competent jurisdiction to be invalid, such decision shall not invalidate any other part or provision hereof. Renewal: This contract is subject to renewal annually upon review and agreement of the Contractor and the Town. IN WITNESS WHEREOF, the parties hereto have executed this Contract. TOWN OF ESTES PARK BY: __________________________________ Mayor ATTEST: __________________________________________ Town Clerk ESTES VALLEY VICTIM ADVOCATES, INC. ATTEST: BY: ___________________________________ ___________________________________________ EXHIBIT A SCOPE OF SERVICES 1. Term of Service: The term of this agreement shall be from January 01, 2014, through December 31, 2014, unless earlier termination pursuant to the Contract. This Contract shall be renewed and/or modified as necessary before the beginning of a new grant term and prior to the termination date of the Contract. 2. Remuneration for Services: The Town shall pay Contractor the amount of $8,000 for immediate victim assistance as set forth in paragraph three ("Services Provided") herein. Providing services to victims of crime ($5,500) and crisis intervention ($2,500) in non-criminal incidents. The Town's obligation to Contractor shall not exceed a total of $8,000 for the entire term of this Contract. The Town shall also provide "in kind" contributions such as temporary use of a telephone and/or office while in the service of victims at the Police Department. 3. Services Provided: Contractor shall provide the following services: 1. Representatives to respond by phone or in person for immediate crisis intervention and counseling. 2. Contractor shall provide twenty-four (24) hour phone referral services and/or other assistance to victims of all crimes in accordance to the laws of the State of Colorado. 4. INDEMNIFICATION: By accepting referrals from the Town to Estes Valley Victim Advocates, Inc., Contractor hereby agrees to fully comply with the provisions of the Americans with Disabilities Act ("ADA"). Contractor agrees to be fully responsible and liable for making counseling and support programs available for use by disabled participants. Contractor agrees to and does indemnify and hold the Town and its agents and employees harmless from and against any and all claims, damages, losses, injuries, costs and expenses, including attorney's fees relating to or arising out of Contractor's failure to comply with the ADA. 5. POLICE RECORDS RELEASES: By accepting copies of official and confidential Police Reports, Contractor agrees to not release these reports, or any information contained therein, to anyone except its own agents/representatives who are acting in the capacity of providing the aforementioned services to the Town. Contractor assumes full responsibility for any and all breaches of confidentiality or security of records; and agrees to and does indemnify the Town for any and all liability, loss, damage, costs, expenses and attorney's fees resulting from said breach by Contractor, its agents, servants, and employees. 6. BI-ANNUAL AND ANNUAL REPORTS: Contractor shall provide the Town with bi-annual reports on the type and total number of crimes responded to through the Project. These statistics shall include whether the victim was initially contacted at the time the crime occurred, noting if response was either in person, at the scene, or by phone at the scene. If initial victim contact transpires at a later time, the statistics shall indicate whether the victim was contacted in person, by phone, or by mail. Contractor shall provide the Town with bi-annual reports and adequate documentation referencing any paid positions within their organization maintained in whole or in part by grant monies obtained by the Town. Depending upon the term and conditions of the grant, Contractor shall also provide the Town with the total final statistics that, in turn will be submitted to the grantor for any required reporting period. PUBLIC WORKS Memo To: Public Safety, Utilities and Public Works Committee Town Administrator Lancaster From: Scott Zurn, PE, Public Works Director Kevin Ash, PE, Public Works Engineer Date: January 8, 2014 RE: Estes Park Medical Center Right-of-Way Lease Agreement Modification Objective: The Park Hospital District is expanding its parking area north of the hospital. This proposed expansion modifies the existing surface conditions in the Town right-of-way. In 2006, the Park Hospital District entered into a lease agreement, by ordinance, with the Town to allow for parking lot development in this right-of-way. Modification of the existing lease agreement between the Town of Estes Park and the Park Hospital District requires adoption of a new ordinance. Present Situation: A right-of-way exists through the EPMC Parking Lot that creates an emergency access, from Prospect Avenue to Stanley Circle Drive, for residents who live along Stanley Circle Drive. Stanley Circle Drive is a roadway that circles back on itself and has only one access point in and out of their development – at Stanley Avenue. This r.o.w. creates a safety access for those residences should Stanley Avenue be closed off. Expansion and redevelopment of the Estes Park Medical Center property has reconfigured surface features in this r.o.w. to a condition that allows a safety access to exist. Proposal: The proposed plan modifies the existing surface features atop the existing r.o.w., but does not affect the traffic flow through the property. Currently, the r.o.w. has landscaping, drainage, utilities and parking. A “clear path” r.o.w corridor does not exist and this proposal does not change that configuration. A majority of the parking lot expansion occurs on Park Hospital District property north of the Town r.o.w. Only a small percentage of the improvements occur in the r.o.w. Included with this memo is a copy of the proposed parking lot development plan with the r.o.w. limits highlighted. Advantages:  The existing agreement requires the Park Hospital District provide maintenance to the infrastructure including: drainage, landscaping and asphalt.  Any lighting must be downcast and meet Estes Valley Community Development Codes.  All utility providers have the right to come onto property to repair and maintain their service lines.  Access to Stanley Circle Drive through this r.o.w. is intended to be “emergency access only”. This access will have Fire District compliant signage and a lock chain to prevent hospital pass-through traffic. Disadvantages:  None Action Recommended by Staff: Public Works recommends a new ordinance be adopted that approves an updated lease agreement between the Town of Estes Park and the Park Hospital District for the right-of-way through the hospital property. Budget: N/A Level of Public Interest The adjacent residences in the neighborhood north of the hospital have a high level of interest in the hospital expansion north into this neighborhood. This r.o.w. exists for access and safety reasons and creation of a new ordinance does not impact that issue. Sample Committee Recommendation: I recommend adoption of a new ordinance that approves an updated lease agreement between the Town of Estes Park and the Park Hospital District for the right-of-way through the hospital property. This is to be included as an Action Item on the Agenda at the January 14, 2014 Town Board meeting. Attachments: Included with this memo are a copy of Ordinance No. 1.06 and a copy of the proposed r.o.w. exhibit. A new ordinance with the modified lease agreement is being finalized by Attorneys for the applicant and Town Attorney White. Note – Any item requiring a change to the Municipal Code, Development Code or any other action requiring an Ordinance to be passed by the Town Board is required to have a draft Ordinance prepared and included with the Committee packet.