BURLINGTON CITY COUNCIL  UN COLORADO SINCE 1888  REGULAR MEETING Community Center 340 S. 14th St., Room A January 29,2024 6:30 p.m.  Live public: streaming available: at  tpsy/www.buringtoncoo.comwirualcouncilmeeting  AGENDA  1. Call to Order 2. Pledge of Allegiance 3. Roll call Greg Swiatkowski, Mayor Lana Mireles Paul Velasco, Mayor pro tem 4. Review and Approve. Agenda 5. Consent Agenda Items Minutes of. January 15 meeting 6. Public comment (Comment is limited to 3 minutes.) 7. Public hearing none 8. Unfinished business 9. New business  Hal McNerney Glen Marciniak  Adrian Hernandez Troy Schultz  Emergency matters coming before Council which may require action may be added 10 the agenda.  A. Consider approving Ordinance No. 985 an Ordinance Appropriating Additional Sums of Money to Defray Expenses in Excess of Amounts Budgeted for the City of Burlington, Colorado for the 2023 Budget Ycar, B. Consider approving Ordinance 986 - an Ordinance Appropriating Additional Sums of Money to Defray Expenses in Excess of Amounts Budgeted for the City of Burlington, Colorado for the 2023 Budget Year, C. Approve Mayor's signature on the Agreement for Professional Services with JVA Inc. regarding the  Tourism and Promotional Fund  Solid Waste Fund  wastewater treatment facility. 10. Reports from city departments Administrator - Jim Keehne Clerk - Georgia Gilley Public Works - Mike Konecne Becky Castillo - Treasurer Daniel Melia - Airport  Rol Hudler - Economic Development ChiefNate Hill - Police Department Nikki Wall - Old Town Tyson Weisshaar - Activities Nick McCarty-Daniels  11. Reports from Council 12. Adjournment    BURLINGTON CITY COUNCIL REGULAR MEETING MINUTES County of Kit Carson State of Colorado Burlington Community and Education Center 340 S. 14th St., Recreation Room January 8, 2024 6:30 p.m.  1. Call to order  Mayor Swiatkowski called the meeting to order at 6:30 p.m.  2.1 Pledge of Allegiance 3. Roll Call  Council members present: Greg Swiatkowski, Mayor Paul Velasco, Mayor Pro Tem Council members absent: Lana Mireles Glen Marciniak Staff/Officials present: Jim Keehne, Administrator Georgia Gilley, Clerk' Others present: none 4. Review and Approve Agenda  Hal McNerney Troy Schultz- virtual Adrian Hernandez  Ashley Gutierez, Utility Clerk  Motion by McNerney and second from Velasco toapprove the agenda.  Metion passed unanimously. Mireles: Absent VelascoAye Swiatkowski: Aye 5. - Consent Agenda enas:  McNerney: Aye Marciniak: Absent  Hernandez: Absent Schultz: Aye  A. December 1land December2 21, 2023 minutes  Motion by Velasco and second from McNerney to approve the December 11 and December 21,  2023, minutes. Motion passed unanimously. Mireles: Absent Velasco: Aye Swiatkowski: Aye 6. Public comment: None  McNerney: Aye Marciniak: Absent  Hernandez: Absent Schultz: Aye  2    7. Public hearings: None 8. Unfinished Business: None 9. New Business:  A. Considerapproving Ordinance No. 984- - Amended for Mill Levy Certification.  Motion by McNerney and second from Velasco to approve Ordinance 984 - Amended for Mill  Levy Certification. Motion passed unanimously. Mireles: Absent Velasco: Aye Swiatkowski: Aye  McNerney: Aye Marciniak: Absent  Hernandez: Absent Schultz: Aye  B. Consider approving the Mayor's signature on tbe202/Dhect Services Contract with East Central Council of Local Governments' Area Agency on Aging, & Outback Express for the Motion by Velasco and second from McNemey to approve Mayor's signature on the 2024. Direct Services Contract with East Central Council of Local Governments' AreAgency on Aging &  Title III/UFTA funds.  Outback Express for the Title III/UFTA funds. Motion passed unanimously. Mireles: Absent Velasco: Aye Swiatkowski: Aye  MoNemey-Aye Marciniak Absent  Hernandez: Absent Schultz: Aye  C Consider appfoyjng the Mayor's signatirprn the. Subcontract with East Central Council of Local Governments'" OutbackExpress, FTASection 5311,FY2024" Transportation #1. Motion by McNerneyand secodd. from Velasçoto approve Mayor's signature on the. Subcontract for the East CentralCooilotlhaGoxermmea, Outback Express, FTA Section 5311,FY2024  Transportation #1., Motion passed unanimously. Mireles: Absent Velasco: Aye Swiatkowski: Aye  MeNerney: Aye Maroitriak: Absent  Hernandez: Absent Schultz: Aye  D. Review 2024 Calendar of Meetings  No action was taken. The 2024 Calendar of Meetings is in the packet and also handed out to members present. Meetings are on the second and last Mondays ofeach month. Exceptions are Tuesday, May 28, 2024, the day after Memorial Day and Tuesday, Nov. 12, the day after Veterans Day. There will only be one regular meeting in December. Special meetings may be called as E. Approve Mayor's signature on engagement contract with Rick Planning & Design for Motion by McNerney and second from Velasco to approve Mayor'ss signature on the engagement  warranted.  Comprehensive Plan.  contract with Rick Planning & Design for Comprehensive Plan.  3    Motion passed unanimously. Mireles: Absent Velasco: Aye Swiatkowski: Aye 10. Reports from city departments Reports were in the packets. 11. Reports from council  McNerney: Aye Marciniak: Absent  Hernandez: Absent Schultz: Aye  Mayor Swiatkowski thanked city crews for a great job of snow removal during and after the past twos snowstorms. Velasco expressed his appreciation for the work the crews did to open the streets  quickly. 12. Adjournment  With a motion by McNerney, as second from Velasço, and a unanimous vote, the meeting adjourned  at 7:21 p.m.  Greg Swiatkowski, Mayor  ATTEST  Georgia Gilley, City Clerk    CITY OF BURLINGTON ORDINANCE NO.985  AN ORDINANCE APPROPRIATING ADDITIONAL SUMS OF MONEY TO DEFRAY EXPENSES IN EXCESS OF AMOUNTS BUDGETED FOR THE CITY OF  BURLINGTON, COLORADO FOR THE 2023 BUDGET YEAR.  WHEREAS, in accordance with Section 9.11 of the Burlington Code of Ordinances the WHEREAS, the City Administrator, James Keehne, has verified that additional funds are available for appropriations in the Tourism and Promotional fund from actual and anticipated  Council may make supplemental appropriations by ordinance during the fiscal year; and  revenues oft the current year and prior year cash reserves, and;  WHEREAS, the City Council is advised that certain revenues, expenditures and transfers WHEREAS, it is the intent of the City Council to comply with the "Local Government NOW,THEREFORE, BEITORDAINED BYTHE CITY COUNCILOF' THECITY SECTION 1. That the total appropriation for the 2023 budget in the Tourism and Promotional Fund expenditures be increased by an additional $59,000 provided through fund  must be approved by ordinance. Law".( (C.R.S. 29-1-101 et seq.); and  OF BURLINGTON, COLORADO AS FOLLOWS:  balance; and  The city council finds and declares that this ordinance is necessary for reconciling the 2023 budget, therefore, this ordinance shall become effective five (5) days after publication thereof. PASSED, ADOPTED and ORDERED PUBLISHED this 29th day of. January 2024.  Gregory Swiatkowski, Mayor  [SEAL] ATTEST:  Georgia Gilley, City Clerk    CITY OF BURLINGTON ORDINANCE NO.986  AN ORDINANCE APPROPRIATING ADDITIONAL SUMS OF MONEY TO DEFRAY EXPENSES IN EXCESS OF AMOUNTS BUDGETED FOR THE CITY OF  BURLINGTON, COLORADO FOR' THE 2023 BUDGET YEAR.  WHEREAS, in accordance with Section 9.11 of the Burlington Code of Ordinances the WHEREAS, the City Administrator, James Keehne, has verified that additional funds are available for appropriations in the Solid Waste fund from actual and anticipated revenues of the  Council may make supplemental appropriations by ordinance during the fiscal year; and  current year and prior year cash reserves, and; must be approved by ordinance. Law".(C.R.S. 29-1-101 et seq.); and  WHEREAS, the City Council is advised that certain revenues, expenditures and transfers WHEREAS, it is the intent of the City Council to comply with the "Local Government NOW,THEREFORE, BEI IT ORDAINED BYTHE CITY COUNCIL OF THECITY SECTION 1. That the total appropriation for the 2023 budget in the Solid Waste Fund expenditures be increased by an additional $12,000 provided through fund balance; and The city council finds and declares that this ordinance is necessary for reconciling the 2023 budget, therefore, this ordinance shall become effective five (5) days after publication thereof. PASSED, ADOPTED and ORDERED PUBLISHED this 29th day of. January 2024.  OF BURLINGTON, COLORADO AS FOLLOWS:  Gregory Swiatkowski, Mayor  [SEAL] ATTEST:  Georgia Gilley, City Clerk    JVA Incorporated 1319 Spruce Sireet Boulder, cO 80302 303 4441 195' ntoopapa om wwwivava.com  November 21,2023 Jim Keehne, City Administrator City of Burlington 415 15th Street Burlington, CO 80807  Re: On-Call Engineer Agreement for City ofBurlington  Dear. Jim:  JVA, Incorporated (JVA) is pleased toj present our proposal for On-Call Engineer for the City of Burlington (City). Based on our knowledge oft the City's wastewater treatment facility and previous work with the City, we have the qualifications and desire to serve as your On-Call Engineer. JVA has expertise in all disciplines of engineering that concem the City including wastewater treatment, wastewater collection, water treatment, water distribution, permitting assistance, funding support, Our current staff size consists of about 150 engineers, designers, and administrative staff. We are providing several Colorado municipalities and special districts with similar on-call engineering  construction administration, and development review.  services including:  Cities of Aspen, Boulder, Grand. Junction, Idaho Springs, and Lamat Towns of Berthoud, Mead, Nederland, and' Winter Park  Aspen Park Metro District, Hidden Valley Water District, Green Moantain Water and Sanitation District, Mountain View Villages' Water and Sanitation Districts, Pueblo West Metro District, Winter Park Ranch, and' Woodmoor Water and Sanitation District As JVA's! Project Manager for all City projects, I will continue to be the main point of contact for On-Call Engineering tasks. Our other team members will remain consistent on your projects with support from other staff as required. Our goal is to provide the highest quality professional engineering services on all projects and tasks. JVA will bill monthly based on our current billing rates attached to the contract. Projects may be billed on a time and materials basis or as a percentage ofai negotiated lump sum fee depending on the project and at the City'sp preference. We understand and agree with the City's priority of obtaining the highest quality professional engincering services, and at the same time needing to meet limited budgets. Wea also realize there isal benefit tOJVA in having an extended standing-order contract, and wej propose to discount our hourly rates to the City accordingly. JVA will discount our standard hourly billing rates by IO percent from our current annual rates. Our standard pre-discounted rates for 2023 are attached to this agreement. Our discounted billing rates will apply to all City work and projects that arel billed on at time and materials basis. Lump sum fees can be negotiated for specific projects as requested by the City, plus reimbursable expenses. Reimbursable expenses will be billed for project related  work, including travel time, copies, and mileage at the current federal rate.  BOULDER FORT COLLINS WINTER PARK GLENWOOD SPRINGS DENVER    CityofBurlington On-Call Engineering Services November 21,2023  2of2  We pride ourselves on excellent communication with our clients. Every client has a different communication style and knowledge base to which we adapt and excel in creating an atmosphere ofclear, confident communication. Werecognize that an ongoing consulting relationship requires av variety of communication forums that range from short phone calls to City Staff, in-person meetings for plan reviews and consultations, or presentations to City Council. We look forward to continuing to grow our relationship with the City of Burlington and providing excellent service as your On-Call Engineer. Please all me at (303)968-6905 ifyou have any  questions or need additional information from us.  Sincerely, JVA, INCORPORATED By:  CITY OF BURLINGTON   Andrew Spar, P.E. Sr. Project Manager/ Sr. Associate  By:  Title Date  Enclosure: JVA2023 Billing Rates (before discount)  Agreement for Professional Services and Discounted Billing Rates    AGREEMENT FOR PROFESSIONAL SERVICES  THIS AGREEMENT is made and entered into this  day of  2023,  by and between the City of Burlington, a Colorado municipality (the "City") and JVA,  Inc. ("Consultant').  WHEREAS, the City requires professional services; and expertise and experience to perform the required services.  WHEREAS, Consultant has held itself out to the City as having the requisite NOW, THEREFORE, for the consideration hereinafter set forth, the receipta and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:  .  SCOPE OF SERVICES  A. The Consultant's services are engaged under this Consulting Agreement for various projects to bei identified during each fiscal year. Each individual project will be requested by the City and the Consultant will respond in writing for each project with a scope of work, deliverables, and schedule for completion and a time and material orl lump sum fee. The City will verify funds availability and respond to the Consultant with written approval that shall act as the Notice to Proceed. All required documentation per project as described above will be considered a portion B. Achange in the Scope of Services shall constitute any material change or amendment of services or work which is different from or additional to the Scope of Services. No such change, including any additional compensation, shall be effective or paid unless authorized by written amendment executed by the City. If Consultant proceeds without such written authorization, then Consultant shall be deemed to have waived any claim for additional compensation, including a claim based ont the theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent, employee, or representative of the City is authorized to modify any term oft this Agreement, either directly or implied by a course  of this agreement.  of action.  II. REPORTS, DATA AND WORK PRODUCT  A. The City shall provide Consultant with reports and such other data as may be available to the City and reasonably required by Consultant to perform the Scope ofs Services. All documents provided by the City to Consultant: shall be returned to the City. Consultant is authorized by the City to retain copies of such data and B. The City acknowledges that the Consultant's work product is an instrument of professional service. Nevertheless, all work product prepared under this Agreement shall become the property of the City upon completion of the work. Consultant shall retain its rights in its standard drawing details, designs, specifications, databases, computer software and any other proprietary property. Rights toi intellectual  materials at Consultant's expense.  9    property developed, utilized, or modified in the performance oft the Scope Services shall  remain the property of Consultant.  C. Upon request, Consultant shall provide to the City electronic versions D. The City shall retain records relating to this Agreement for three (3) years after final payment is made to Consultant pursuant to Section II below.  of all work product, in the format directed by the City.  II. COMPENSATION  A. Charges. The Services to be performed by the Consultant shall be at its sole cost, risk and expense, and no part oft the cost thereof shall be charged to the B. Fee Schedule. Compensation: for the Services and Additional Services, ifany, provided under this Agreement shall bel based on a 10 percent discount off our current hourly rates as seti forth in Exhibit A, or shall otherwise be specifically seti forth and agreed toi in a Letter Agreement. The Consultant shall not provide any Services or Additional Services under this Agreement unless and until an authorized Purchase C. Reimbursable Expenses. The following shall be considered "reimbursable expenses" for purposes oft this Agreement: and may be billed to the City without administrative mark-up but which must be accounted for by the Consultant and proof of payment shall be provided by the Consultant with the Consultant's  City, save and except the Charges as identified herein.  Order has been executed by the City Administrator.  invoices:  Vehicle Mileage (billed at not more than the prevailing per mile charge permitted by the Internal Revenue Service as a deductible business  expense)  Printing and Photocopying Related to the Services imposed to obtain recorded documents)  Charges incidental to securing needed information (e.g., charges D. Non-reimbursable Costs, Charges, Fees, or Other Expenses. Any fee, cost, charge, fee, or expense incurred by the Consultant not otherwise specifically authorized by this Agreement shall be deemed a non-reimbursable cost and shall be borne by the Consultant and shall not be billed or invoiced to the City and shall not E. Subcontractor Charges to be included in Contractor Billings. All charges of approved subcontractors for which the City has agreed, in writing and advance of their retention, to be responsible for the cost of such retention, shall be paid by the Consultant and billed to the City on an itemized invoiced cost basis.  be paid by the City.  2  10    IV. PROFESSIONAL RESPONSIBILITY  A. Consultant hereby warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and professional licenses in good standing, required by law. B. The work performed by Consultant shall be in accordance with generally açcepted professional practices and the level of competency presently maintained by other practicing professional firms or individuals in the same or similar type of work in the applicable community. The work and services to be performed by Consultant hereunder shall be done in compliance with appliçable laws, ordinances, C. Consultant shall be responsible for the professional quality, techniçal accuracy, timely completion, and the coordination of all designs, drawings, specifications, reports, and other services furnished by Consultant under this Agreement. Consultant shall, without additional compensation, correct or resolve any errors or deficiençies in its designs, drawings, specifications, reports, and other services, which fall below the standard of professional practice, and reimburse the City for costs caused by errors and omissions that fall below the standard of D. Approval by the City of drawings, designs, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve Consultant of responsibility for technical adequacy of the work. Neither the City's review, approval or acceptance of, nor payment for, any oft the services shall be construed to operate as a waiver of any rights under this Agreement or of any cause E. Because the City has hired Consultant for its professional expertise, Consultant agrees not to employ subcontractors to perform more than twenty-five percent (25%) of the work required under the Scope of Services. Upon execution of this Agreement, Consultant shall furnish to the City a list of proposed subcontractors, and Consultant shall not employ a subcontractor to whose employment the City reasonably objects. All contracts between Consultant and subcontractors shall  rules and regulations.  professional practice.  ofa action arising out of the performance of this Agreement.  conform to this Agreement. V. INSURANCE  A. Consultant agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by Consultant pursuant to this Agreement. Such insurance shall be in addition to any other insurance requirements imposed by law. B. At a minimum, and without limiting the scope of the foregoing Subsection A., Consultant shall procure and maintain, and shall cause any subcontractor of Consultant to procure and maintain commercial general liability insurance and professional liability insurance (also known as "Errors and Omissions" insurance), each such policy with a minimum combined single limit of five hundred thousand ($500,000) dollars each occurrence and one million dollars ($1,000,000)  3  11    general aggregate, applicable to all premises and operations. Such coverage shall be procured and maintained with forms and insurers acceptable to the City. Ini the case of any claims-made policy, the necessary retroactive dates and extended reporting C. Any insurance carried by the City, its officers, its employees, or its consultants shall be excess and not contributory insurance to that provided by Consultant. Consultant shall be solely responsible for any deductible losses under D. Consultant shall provide to the City a certifiçate ofi insurance, completed by Consultant's insurance agent, as evidence that policies providing the required coverages, conditions, and minimum limits are int full force and effect. The certificate shall identify this Agreement and shall provide that the coverages afforded under the policies shall not be cancelled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. The City reserves the right tor request and reçeive a certified copy ofa any policy and any endorsement thereto. E. Failure on the part of Consultant to procure or maintain the insurance required herein shall constitute a material breach of this Agreement upon which the City may immediately terminate this Agreement, or at its discretion, the City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by the City shall be repaid by Consultant to the City upon demand, or the City may offset the cost of the premiums against any monies due to Consultant from the City.  periods shall be procured to maintain such continuous coverage.  any policy.  VI. INDEMNIFICATION  The Consultant shall indemnify and hold harmless the City from and against damages, liability, losses, and costs which are incurred by the City but only to the extent caused by the negligent acts, errors, or omissions of Consultant, its employees, agents, subconsultants or others for whom the Consultant is legally liable in the performance of professional services under this Agreement. Consultant shall not be obligated to indemnify the City for the negligent acts of the City or any of its officers, employees,  subconsultants or subcontractors. VI. TERMINATION  This Agreement shall terminate: (a) at such time as the work described in the Scope of Services is completed and the requirements oft this Agreement are satisfied or (b) upon the City'sproviding: Consultant with thirty (30) days advance writtennotice, whichever occurs first. After termination, the City shall pay Consultant for all work previously authorized and completed prior to the date of termination. If, however, Consultant has substantially or materially breached this Agreement, the City shall have any remedy or right of set-off available at law and equity. If the Agreement is terminated for any reason other than cause prior to completion of the Scope of Services, any use of documents by the City thereafter shall be at the City's sole risk,  unless otherwise consented to by Consultant.  4  12    VIlI. CONFLICT OF INTEREST  The Consultant shall disclose any personal or private interest related to property or business within the City. Upon disclosure of any such interest, the City shall determine if the interest çonstitutes a conflict ofi interest. If the City determines that a conflict ofi interest exists, the City may treat such conflict ofi interest as a default  and terminate this Agreement. IX. INDEPENDENT CONTRACTOR  Consultant is an independent contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Consultant to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Consultant for all purposes. Consultant shall make no representation that iti is a City  employee for any purposes. X. ILLEGAL ALIENS  A. Pursuant to C.R.S. S 8-17.5-102(1), Consultant hereby certifies that at thet time ofe executing this Agreement it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement and that it will participate in either the E-Verify Program or Department Program in order to confirm the employment eligibility of all employees who are newly hired for employment to B. The Consultant shall not knowingly employ or contract with an illegal alien to perform work under this Agreement nor shall it enter into a contract with a subcontractor that fails to certify to the Consultant that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this C. The Consultant has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement through participation in either the E-Verify Program or the Department D. The Consultant is prohibited from using either the E-Verify Program or the Department Program procedures to undertake pre-employment screening ofj job E. If the Consultant obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, the Consultant shall be required to: (a) notify the subcontractor and the City within three (3) days that the Consultant has actual knowledge that the subcontractor isemploying or contracting with an illegal alien; and (b) terminate the subcontract with the subcontractor if within three (3) days of receiving the notice required pursuant to C.R.S. Section 8-17.5-102 (2) (HI) (A) the subcontractor does not stop employing or contracting with the illegal alien; except that the Consultant shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor  perform work under this Agreement.  Agreement.  Program.  applicants while this Agreement is being performed.  5  13    provides information to establish that the subcontractor has not knowingly employed F. The Consultant shall comply with any reasonable request by the Colorado Department of Labor and Employment (the Department") made in the course of an investigation that the Department is undertaking pursuant tot the authority G. Any violation of subsections A through F above shall be deemed to be amaterial breach of this Agreement and the City may immediately terminate this Agreement for cause. If this Agreement is so terminated, the Consultant shall be liable for actual and consequential damages to the City pursuant to C.R.S. Section 8- 17.5-102(3) and the City shall notify the office of the Secretary of State of such  orc contracted with an illegal alien.  established in C.R.S. Section 8-17.5-102 (5), C.R.S.  violation and termination. XI. MISCELLANEOUS  A. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches oft this Agreement by the City shall not constitute a waiver ofa any C. Integration. This Agreement and any attached exhibits constitute the entire Agreement between Consultant and the City, superseding all prior oral or D. Third Parties. Nothing contained in this Agreement shall create a contractual relationship with or cause of action in favor of a third party against either the City or Consultant. The Consultant's services under this Agreement are being performed solely for the City's benefit, and no other party or entity shall have any claim against the Consultant because of this Agreement or the performance or nonperiormance of services hereunder. The City and Consultant agree to require a similar provision in all contracts with contractors, subcontractors, subconsultants, vendors and other entities involved in this Project to carry out the intent of this E. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre-paid, first class United  shall be brought in Boulder County, Colorado.  of the other terms or obligation of this Agreement.  written communications.  provision.  States Mail, addressed as follows:  The City: City of Burlington  Jim Keehne, City Administrator 415 15th Street Burlington, CO80807  14    Consultant: JVA Inc.  Josh McGibbon, Vice President 1319 Spruce St. Boulder, CO80302  F. Severability. Ifa any provision of this Agreement is found by a court of competent, jurisdiction to be unlawful or unenforceable for any reason, the remaining  provisions hereof shall remain in full force and effect.  Modification. This Agreement may only be modified upon written H. Assignment. Neither this Agreement nor any oft the rights or obligations of the parties hereto, shall be assigned by either party without the written consent of relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations (presently onel hundred fifty thousand dollars ($150,000) per person and six hundred thousand dollars ($600,000) per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. $24-10-101, et seg., as amended, or otherwise available to the City and J. Rights and Remedies. The rights and remedies of the City under this Agreement are in addition to any other rights and remedies provided by law. The expiration of this Agreement shall in no way limit the City's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently K. ARTICLE X. SECTION 20/TABOR. The parties understand and acknowledge that the City is subject to Article X, $ 20 of the Colorado Constitution ("TABOR"). The parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of the City are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the City's current fiscal period ending upon the next succeeding December 31. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of City of Berthoud and other applicable law. Notwithstanding any other provision of this Agreement concerning termination, upon the City's failure to appropriate such funds, this  agreement of the parties.  the other.  Governmental Immunity. The City, its officers, and its employees, are  its officers or employees.  or defectively performed.  Agreement shall automatically terminate.  7  15    IN WITNESS WHEREOF, the parties hereto have executed this Agreement ton  the date first set forth above.  CITY OF BURLINGTON  Mayor  ATTEST:  City Clerk  CONSULTANT  By:  Josh McGibbon, Vice President  STATE OF COLORADO COUNTY OF before me this as  ) )ss.  The foregoing instrument was subscribed, sworn to and acknowledged  day of  20 by.  My commission expires:  (SEAL)  Notary Public  16    Environmental Engineering  2023 Hourly Billing Rate Schedule  POSITION Principal  RATE $200-$236 $168-$200 $156-$160 $164-$168 $152 $144-$148 $136 $124-$132 $152 $124-$132 $100-$120  Senior Project Manager Project Manager Senior Engineer  Construction Services Manager Senior Project Engineer Project Engineer Design Engineer Senior Designer CAD Designer Administrative Support  Auto travel shall bei reimbursed a rate set by the IRS. Costs for express delivery, airfare, car rental, meals, lodging, printing, copying, and shipping shall be  reimbursed. at 1.1 times direct cost.  - Rates will be discounted by 10%  Exhibit A  BOULDER FORT COLLINS WINTER PARK GLENWOOD SPRINGS DENVER  17    COLORADO SINCE 1888  January 29, 2024  City Administrator's: Summary Report  December 11, 2023-J January 15, 2024  Administration Budget  As we approach the end of January 2024, we are inching closer to having year-end expenditure and revenue numbers for the 2023 fiscal year. Official numbers will not be recorded until March 2024 and Current year-end figures are used to determine ifexpenditures stayed in line with what was appropriated in 2023. In those funds where expenditures have exceeded budgeted amounts, assumptions have been made as to what the final number will be, and additional appropriations are requested in the form ofan For 2023, two funds experienced expenditures that exceeded appropriations. The Tourism and Promotional Fund budgeted for $763,712 in expenditures and are expected to expend an additional $59,000. This fund hasi increased revenue projections by $67,000, therefore the Ordinance was drafted to reflect the additional appropriations coming from actual and anticipated revenues of the current year. The Solid Waste Fund budgeted for $562,700 in expenditures and are expected to expend an additional $12,000. This fund experienced an anticipated revenue decline of $13,000, though brings forth a fund balance of $48,000, therefore the Ordinance was drafted to reflect additional appropriations coming from Once Ordinances are adopted by the council, they will be filed with the state as ap part oforana amendment At the special meeting held December 215, Council approved Ordinance 984 which in effect confirmed our levy to be 8.6 mills. In the Ordinance the values listed for funds necessary to balance the budget as well as the total property tax to be collected were inaccurate. To correct this, Amended Ordinance 984i is presented to you tonight for adoption. The amended values have been provided to Kit Carson County to Additionally, the adopted budget was updated as allowed to reflect this anticipated revenue loss. The  then confirmed during our audit, performed in May of this year.  ordinance to be adopted by the council.  fund balance.  to the 2023 budget. This must be completed prior to the annual audit in May.  Certify our Tax Levies.  budget and all supporting documents have been filed with and accepted by DOLA.  Burlington Housing Authority  Burlington's 2024 budget, adopted December 11, 2023, provided for funding of $36,000 for insuring all buildings under Housing Authority management. As previously stated, I have been working with CIRSA to provide a quote for property and liability insurance for the Authority. These funds will be reimbursed to  18    the City through the Authority. Three weeks ago, we: settied on values for each structure, and expected to hear from CIRSA regarding rates within a week. As of this date, I have been informed by CIRSA that their computer system they utilize to establish rates is down and they were unable to provide a timeline as to when it will bei back up and operational. Preliminary discussions indicated that insurance costsmay be below the $36,000 budgeted amount, well below the current amount paid fori insurance coverage. Timing for the placement of Housing Authority employees under the city's compensation system will be when a new Executive Director has been hired. At this time all employees will be placed on the city's During the. January 2nd, 2024, board meeting, position announcement information was finalized and has been published at this time. We are moving quickly to get an Executive Director in place by the end oft the month, at which time the training process can begin. Currently, all board members are taking on a little more responsibility to provide for a smooth transition. We also will be meeting more often to ensure  system.  nothing is missed. As of this date, no applications have been received.  Comprehensive Planning  RICK Planning and design has signed the Independent Contractor Agreement To engage with the City of Burlington ini the development andi implementationofaComprehensive Plan. Al Kick-Offmeeting between RICK and City Staff was held Wednesday, January 24th. Discussion centered around the purpose of a comprehensive plan, scheduling of plan development, scope of work and areas included in the comprehensive plan, input from staff as to deliverable expectations, data list needed by RICK, community engagement, and development of a steering committee. The RICK team and I will be meeting weekly to Asar reminder, grant funds awarded are $125,000. As this is a! 50/50 grant, our match willl be $125,000, or  discuss progress and process  half the cost of the entire project which has been budgeted for 2024.  2024 Street Project  On October 24th met with Basis Partners to begin planning work for 2024 Street Project that will include:  Webster Avenue gth Street to Lincoln Street Fay Street -i Lincoln Street East to Mike Lounge Drive  Frank Street Alley design before Marcho 01,2024  Basis Partner's is finalizing all plans for the project at this time and will meet with City Administrator before January 315t to approve plans. Administrator will develop bid specifications from plans, and post on BidNet  The following is the preliminary timeline for1 the 2024 Street Project:  Site visit to assess total project Preliminary design package to cityf for review Bid Package Deliverables Finalized Post with BidNet Direct Project Out to Bid  Completed October 24, 2023  February 2, 2024 February 15, 2024 March 01, 2024 March 01, 2024  19    Bid Due Bid Award Signed Contract due Start Date Concrete End Date- Concrete Start Date - Asphalt End Date - Asphalt Begin Striping Finished striping Project Completion Final Payout to include retention  TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD  Intergovernmental/Upcoming Events  Management Team Meeting - In Person at Community Building - Wednesdays 2:00P.M. Kick-Off meeting, RICK Planning and Design and City Staff- Wednesday, January 24, 2:00 PM CML Executive Board Meetings -January 26, 2024, 10:00-2:00, Denver- Attended virtually Council Meeting, January 29, 2024, 6:30 PM, Room A Community and Education Center Basis Partners - Preliminary Design Package and Review - Friday, February 2nd. - Colo Spgs Burlington Housing Authority Board Meeting, February 07, 2024, 11:30AM Council Meeting, February 12, 2024, 6:30 PM, Room A Community and Education Center CML Legislative Workshop -Thursday, February 15"h, Denver  20    UD COLORADO SINCE 1888  To: From: Date:  City council members Georgia Gilley, Clerk January 29,2024  My focus the past few weeks and now moving forward will be coordinating the 2024 municipal election coming up April 2. Two petitions came in for the mayoral seat and six petitions were presented for the three council seats opening up. Ballots need  to be printed mid February.  There will be more CMCA election webinars that I plan to participate in.  Ip participated in a webinar titled Social Media in Public Safety. This basically emphasized being prepared with 'how and when' a social media team will notify the  public about safety concerns.  21    Public Works Report 1-29-2024  Electric Department  Finishi taking down Christmas decorations. Replaced a pole that had been struck by a car. Assisted with snow removal while Street Department was shorthanded. Repaired street lightso on  Rose Ave at the VA clinic andi in at few alleys.  Street Department Decoration takedown. Parks Department  Snowremoval. Maintenance of snow removal equipment. Assisted with Christmas  Daily parks check which include the pathrooms. Assisted with Christmas decoration takedown. Replaced a blower motori for thei furnace at the west Parmer Park restrooms. Snow removal from around the swimming pool so an assessment of the pool cant take place. Hadto  remove many brokent tree limbs that hadi fell during the snow storms.  Water/Wastewater Departments  New SCADA computer has been ordered to replace the computer that crashed. Should arrive: soon. Snow removal to wells that had blown shut during storm. Viewed a webinar on emergency back-up generators. Gathered as much data on paper as we coutd to submit the DMR  for last month. Assisted with Christmas Decorations.  Called Damien Berger of Atwell (electrical engineer) to get the south loop load model for potential future expansion. Had Generator Source out of Brighton come to look att the emergency: generator at the Community Building. Replaced a sensor and some wiring then reset the control panel back online. Made a call to Paddock Pools to come and do an assessment of the swimming pool. Reviewing applications for the apprentice position int the Electric Department.  22    A -  COLORADO SINCE 1888  www.purington.com  415 15th Street Burlington, CO 80807 Phone 719-346-8652 Fax 719-346-8397  To: City Council From: Becky Castillo, City Treasurer Date: 1/26/2024 Re: Treasurer's Report  Utility meters are physically read and billed monthly. Utility bills are due by the 15th of each month or else a 10% penalty is applied to the unpaid account balance. Shut off occurs on the 25th or next business day ifi it falls on a weekend or holiday and has an additional penalty of $70. We. are looking to adjust the amount of the penalty to benefit the city and customers better. With the cold temperatures and weather, we have been having, we are working extra with customers to keep them on and keep Utility payments can be made at. Xpressibillpay.com. or dropped off at City Hall Monday - Friday 7-4. There are new phone numbers for Xpress bill pay and a new feature of guest checkout option that is now available if you don't wish to set up an account. Visit our website for updated information on payment processing or give us acall at City Hall and we can pass the information on directly. Drop box at City Hall Process payroll on a bi-weekly basis, payroll taxes, and monthly Utility and Airport  them caught up on their billing.  isa available 24 hours/7 days a week.  Sales tax.  Preparing 1099's and W-2's. upcoming audit in May. Process accounts payable weekly. Process payroll on al bi-weekly basis.  Auditors have sent out their list of items and reports to start preparing for the  For the first time since having invested with ColoTrust interest rates dropped very minimally. Interest rates for ColoTrust are currently 5.54%. Outback bus was shut down for a short while with the icy roads and cold temperatures. Glad to have it back running daily again.  23    ITR  3  Burlington Colorado'  14111 US Highway 385 - Burlington CO 80807  719.346.5352  Council Report 1.29.24  Taxiway Reconstruction  Project will be Advertised and Bid in March Federal grant application has been filed Generator grant and taxiway reconstruction Federal grant application has been filed Working on flyers to promote our flight simulator Planningafly-in/open house for this year sometime  Education/outreach  December 2023 Fuel  December 2022 Fuel Total- 4,802.66 Gallons Avgas- 937.03 Gallons Jet fuel- 3,865.63 Gallons Gross sales- $ 27,972.07  Total- 4,119.66 Gallons Avgas- 891.72 Gallons Jet fuel- 3,227.94 Gallons Gross sales- $ 20,158.06  "Eastern Colorado's Premier Aviation Experience"  24    ECONOMIC DEVELOPMENT REPORT FROM ROL  Arecent report highlights the continued problems that Colorado prison staff Ther report includes a letter from One Voice United, an advocacy group that works Ther report stated, "How do we ensure that we have enough security safety: staff, but also hold programming sacred. We can depopulate, we can reduce the number ofi inmates, but we are sending people outi into the streets that have not had programming ini four years because we have had to suspend classes and counseling so that those workers can go  shortages create for the state of Colorado's incarcerated population.  with unions to support correctional officers andnon-custody: staffi in prisons.  serve on security."  Acommon practice oft the Colorado Department of Corrections is to reassign program staff to work securitys shifts when there is insufficient numberofcorectional  officers to meet minimum staffing requirements.  Oft thosev who took the survey, 88% said staff like teachers and case managers are frequently or veryfrequently reassigned to a correctional officer post ini their prisons. This leads to less services being accessible to incarcerated people, and the quality of those  services are lessened because of staff burnout.  Despite increasing the Department of Corrections budget by more than $192 million inj just the last two years to close the staff vacancy gap, the increase in prison population is  outpacing thei increase in net new hires ini the DOC.  Thereport quoted an inmate saying, "Thave been incarcerated for: 25 years and have Ihave submitted portions of this report foryou since we have a private prison in Burlington thati is sitting vacant. Itis owned by Core Civic andi the companywould,l  never seen prison this bad. We are, basically, being warehoused."  assume, bet thrilled to open it again.  lwould think the Colorado Department of Corrections, the governor and the legislature would, eventually, considerre-opening the Kit Carson Correctional facilityin  Burlington.  We will continue to monitorthis ongoing problem.  City Administrator. Jim Keehne and myself havel had separate meetings with Melissa Kleweno, president of Prairie Cultural Revitalization, in regard to the organization's desire to  make some improvements on Burlington's main street.  25    PCRI has designated the first project to be al Main Street Revitalization project. The goal is to update the greenery and fixtures such as added benches, floral containers, new trash cans and other decorative items to make downtown shopping a moreir inviting,  pleasing experience fortheir patrons.  Theorganization has had the opportunityto organize a community of downtown businesses and applyi fori the Community Business Preservation program grant which would enable the businesses to make any necessaryupgrades within each oft their own  businesses to compliment the PCR street project.  Businesses invited by the organization to participate include Zimbelman's Jewelry,  The Shaman Shoppe, McArthur, Audiology, Health Essentials, Main Street Home  Furnishings, Thel Main Cup/Brass Trunk.  Thes six businesses all fitt the criteria fort the grant and are within a designated communitywithin Burlington by being on the three blocks of downtown Main Street. The grant, if awarded, would be a minimum of $10,000 up to $50,000 per business. Prairie Cultural Revitalization will sponsor and monitor1 the grand funding. The organization asked. Jim and myself to write al letter ofr recommendation fort the grant to the Colorado Office of Economic Development and Internationallrade. Both of us provided them with a letter. Hopefully, theywill be awarded the grantand  we will see improvements being made on Main Street.  26    Burlington Police Department Council Report January 29, 2024  Officers with Burlington Police Department attended advanced motor vehicle theft investigations training. Please encourage all ofy your friends and neighbors to remove the keys from unattended vehicles. Please also encourage everyone to remove valuables from unattended Burlington PD: staff all enjoyed assisting the Activities Department Staff with the original 'Breakfast with Santa' event. The event fell on a nice warm day and the addition of the  vehicles including firearms as well as to lock unattended vehicles.  mechanical bull was a very popular attraction among attendees.  Burlington PD: Staff participated in the Parade of Lights as well as providing traffic control for that event. We'd like to thank the Colorado State Patrol for their assistance with that event as well. Officers with Burlington Police Department attended a Tactical Medical Instructor training program. We have plans to begin training all staff toi improve on the basic training that they receive ini the academy in this topic. All of the officers are already equipped with the necessary Officers with Burlington Police Department attended a recertification training for the use of our Tasers. This included all oft the deployment considerations, legal information, as well as practice Officers with Burlington Police Department attended and were recertified in CPR and AED deployment. Al big thank you to Heather Morris and Kit Carson County EMS for putting that on Officers with Burlington Police Department attended department Arrest Control training. Officer McKay attended an Advanced Roadside Impaired Driving Enforcement training. We have had two driving under the influence of drugs cases that both resulted in arrests ini the past week.  Thank you!  equipment for those emergencies.  deployments and department use policy review.  for us!  27    December 2023/anuary 2024 City Council Report-Old Town Museum  Working on concept and budget for our Smithsonian companion exhibit and required "conversation events" for 2024. There will be need for funding support from outside the city. lam looking into grant applications andi requests to local organizations. Winter Wonderlights (Dec 1-2, 9, 15-16, 21-23, 26) was a remarkable success, our best attended year to date. We welcomed over 3500 guests to enjoy the lights this year, with Dec23rdbeing our busiest night with over 1000 people! We had guests from all over Colorado, western Kansas, Nebraska and even international visitors! It was truly amazing, and we: are 50 very thankful for our staff and volunteers who make the event happen. We are already tossing ideas around on how to grow and improve the Due to the success of Ladies Night and Winter Wonderlights, our December revenue  event for2024  was far beyond that of 2023.  Inventory of gift shop merchandise completed.  We acquired a 1926 Durant Star Coupster automobile as a donation to the museum. This rare vehicle is ini mint condition and on display in Heritage Hall. Planning is in the works for School Days in May. Letters are being prepared to send to Wea are conducting jobi interviews this week for our open custodial position. We had Looking ata advertising plan for 2024; Moving around some of our ad placements and changing up: strategy al bit target front range and in-bound travelers to Colorado.  area: schools for the May 7th & &th event.  twelve applicants and hope to find the right fit for our team here.  28    OAV  COLORADO SITCE 1888  3405. 14"StBurlington, CO 80807 Tel:719)346-8918 Fax:719)346-8982 yson.wesshaar@buringtoncolo.com  Burlington Activities  Department  January 24, 2024  We finished off2023 with our annual Breakfast with Santa event at the community center. Iwas a little disappointed in our turnout as we normally serve over 500 for breakfast but didn'tquite hit that number this year. Ibelieve that the fire department holding their event the weekend before and having the same name as our event on social media confused some people and they didn'trealize it was two separate events. We are looking at changing the name of our event to hopefully eliminate any confusion moving forward. One positive takeaway this year was the mechanical bull we had at our event. It really doesn'tfit the theme, but it was 1 5 on 5 basketball program is currently underway for kids in grades 1S' through 6th. We have ai total of 134 registered participants with four teams of co-ed for our 15/2nd grade division, two teams in 3rd/4th grade girls, four teams in 3rd/4th grade boys, one team in 5th/6th grade girls, and four teams in Sth/6th boys, for a total of15 teams. Having this many teams has made it extremely challenging finding gym time as we work around the school's schedules. However, we are making it work, thanks to the understanding and flexibility ofall our volunteer coaches and the parents of all the kids playing. 1s1/2nd grades had their first game on 1/21 and will have their last game on 2/25. Our 3rd/4th grade and 5th/6th grade divisions have scrimmages set for 1/28, first games on 2/3 & 2/4, last regular season games on 2/25, and the invitational tournament we host on 3/2 and 3/3. 1 Flyers and registrations will soon be out for our second year for Youth Soccer. This will once again be offered for kids ages 2-12 with some changes to the 2-3- and 4-5-year-old divisions. The goal is to have the flyers out next week with the registration deadline set for February 26th. The 2-3 and 4-5-year-old fee will be $25 and the 6-12-year-old divisions will be $50. This program will run for six weeks beginning the third week 1 Flyers and registrations will soon be out for Youth Volleyball. This once again will be instructed by Coach Celci Weippert and is for Sth/6th grades. Same as for youth soccer, hoping to have flyers out next week with the registration deadline set for February 26th. This program will also run for six weeks beginning March 19 and 1 We are preparing for a couple of bigger events at the community center. First, we will host the 3rd annual All Girls Conference through MCC on February 1St. This event has been growing the past couple of years and we are looking forward to another good event offered for high school girls around the area. Second is the annual No Till Conference which is scheduled for February 6-7. We are also hosting a pre-No Till meeting on February 5th. Asofnow, we are anticipating 350 attendees for day one and 425 attendees for day 2. Hopefully  definitely a hit with the people who were here as we had a line the entire time.  ofMarch and ending April 27.  ending April 27. The fee for this program will be $50.  the weather will cooperate this year!  29    Monthly Programs = Martial Arts and Soul Steppin' Studio Dance  Martial Arts - year-round program. $80 for the first student, $40 for the second student in same family, and $20 per additional student in same family. We collect all fees and keep 15%. They Soul Steppin' Studio Dance = classes are held on Thursdays and began on September 14. There are a total of65 students involved in the dance program this year, which is a fantastic turnout!  are consistent with their participation numbers with roughly 40 participants. We collect 15% of the monthly registration fees for this program.  Other Activities in the works: Rentals of Community Center, 5 on 5 Basketball, Youth Invitational Tournament, Youth Soccer, Youth Volleyball, Summer Baseball/Softball registration forms, Summer Day  Camps, Hiring summer staff  30    The Library 1/29/24  Grants  Telehealth grant is completed. Purchased items for checkout to be used with  Telehealth needs.  New Books will be purchased by the state until June Continue to hold 5 regular programs a week Averaging about 7 people per program Also offer special programs throughout the month Science Day, Teatime. Homeschool Events Started Silent Book Club Restarted Mommy and Me Book Club Preparing for Summer Reading Theme: Adventure Starts at the Library Begin purchasing supplies end ofJanuary  Programs  Professional Development Continue to help people daily  Selected to give presentation in February to Colorado Libraries March- I will be certified to hold Ageless Grace Seminars at the library  Preparing for Chantel to go on maternity leave  Checkouts: 1202 Visits: 722 people Programs: 15 for 106 people Nick McCarty-Daniels  31