HomeMy WebLinkAboutResolution-2005-0037
TITLE:
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CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 37
Series of 2005
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE
FORMATION OF WHEAT RIDGE 2020, A NON-PROFIT
CORPORATION, FOR THE PURPOSE OF ASSISTING THE
CITY IN BRINGING ABOUT COMMUNITY REVITALIZATION
AND AMENDING THE FISCAL YEAR 2005 GENERAL FUND
BUDGET TO REFLECT THE APPROVAL OF A
SUPPLEMENTAL BUDGET APPROPRIATION IN THE
AMOUNT OF $415,000 TO BEGIN BUILDING THE
RECOMMENDED ORGANIZATION, WR2020, WHICH IN TURN
WILL SET DIRECTION FOR, AND IMPLEMENT THE NINE
STRATEGIES CONTAINED WITHIN THE NRS
REPOSITIONING WHEA T RIDGE REPORT
WHEREAS, on July 25, 2005, the City Council adopted Resolutlon No 36-2005
acceptmg the Neighborhood ReVitalization Strategy report, Repositioning Wheat Ridge, and
adoptmg Its findmgs and recommendatlons as guidmg principles for subsequent city-regulated
development in Wheat Ridge, and
WHEREAS, the recommendatlons and strategies lmd out m the NRS is consistent with
and achieves execution of the City Council's Strategic Plan, and
WHEREAS, advancing the NRS strategies and recommendations requires the city to
mltlate and create the framework and structure of WR2020 including assisting m the fihng for a
non-profit status, formation of Its membership, board of directors and executive duector; and
WHEREAS, the City Council recognizes that additional funding and staffing is needed
to carry out the mitlal actions reqUIred to create WR2020, the necessary regulatory framework,
and develop Its capacity to implement the vision and missions of the City Council as outlined in
the NRS, and
WHEREAS, It IS imperative to maintam momentum on the planning aspects of the NRS
so that plans are m place to be implemented as needed, as opportunities arise and to aVOId the
potential of private and/or pubhc actions by others that would thwart any of the strategies of
RepOSltlonmg Wheat Ridge; and
WHEREAS, strong public support for the NRS and implementatIOn of ItS strategies and
recommendatIOns has been displayed during numerous events and actions to assure broad
awareness m, and mput from, the community.
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NOW, THEREFORE, BE IT RESOLVED that the Wheat Ridge City Council does
hereby'
a. Authonze the formation of Wheat Ridge 2020, a non-profit corporation, for the purpose of
assisting the city in bnnging about commumty revitalizatIOn.
b Authonze award of a contract with Winston Associates to begin the process of creating
WR2020 and establishing regulatory framework necessary for ImplementatIOn ofthe NRS
c Amend the fiscal year 2005 general fund budget to reflect the approval of a supplemental
budget appropnatlOn III the amount of $415,000 to beglll implementation of the mne
strategies contained the NRS Repositioning Wheat Ridge Report.
d. Authonze the transfer of funds from the general fund unreserved fund balance as follows
a. $334,788 to account 01-105-700-750
b $10,000 to account 01-107-700-799
c. $70,212 to account 01-105-700-721
DONE AND RESOLVED thiS 25th day of ~ 2005
c/ ;"
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jetchen Cerveny, Mayor--=--
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ATTEST
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Pamela J Anderson, City Clerk
Resolution 36-2005
-2-
July 25, 2005
CITY OF WHEAT RIDGE
NRS IMPLEMENTATION SERVICES AGREEMENT
THIS AGREEMENT made thi&XS- +h day of JULY 2005, by and between the City of Wheat Ridge, Colorado,
hereinafter referred to as the "City" or "Owner" and WINSTON ASSOCIA'rES, 4696 BROADWAY, BOULDER, CO
80304, a Colorado Corporation, hereinafter referred to as the "Consultant"
WITNESSETH, that the City of Wheat Ridge and the Consultant agree as follows:
ARTICLE 1 - SERVICES
The Consultant shall provide as a minimum all of the tasks stated in the proposal dated July 11, 2005 for
Implementation of Revitalization Strategies, attached hereto and incorporated herein by reference.
ARTICLE 2 - TERM
The work to be performed under this Agreement shall commence promptly after receipt of a fully executed copy of
this Agreement to the extent that the Consultant has been authorized to proceed by the City Completion shall be
by FEBRUARY 28, 2006.
ARTICLE 3 - PAYMENT AND FEE SCHEDULE
It is understood and agreed by and between the parties hereto, that the City shall pay the Consultant for services
provided and the Consultant shall accept a not to exceed amount of $304,353.00 as full payment for such services.
A. Invoices
Invoices will be submitted by the Consultant monthly for services performed and expenses incurred
pursuant to this Agreement during the prior month. The processing of payment will be expedited by the
Treasurer's Office through proper accounting procedures. Payment will be made to the Consultant within
thirty (30) days of the receipt of the approved invoices for services rendered.
B. Fundinq
There is in effect within the City of Wheat Ridge, Colorado, a provision of the City's Code of Laws which
limits the amount for which the City shall be liable to the amount expressly appropriated by the City
Council, either through budgeted appropriation, or contract or bid award. The contractor is specifically
advised of the provisions of this portion of the Code of Laws of the City of Wheat Ridge, which was enacted
pursuant to Ordinance 787, Series of 1989, and expressly incorporated herein. This contract is specifically
subject to the provisions of said Ordinance and adopted Code Section.
ARTICLE 4 - INDEPENDENT CONTRACTOR
In performing the work under this Agreement, the Consultant acts as an independent contractor and is solely
responsible for necessary and adequate worker's compensation insurance, person injury and property damage
insurance, as well as errors and omissions insurance The Consultant, as an independent contractor, is obligated
to pay federal and state income tax on monies earned The personnel employed by the Consultant are not and
shall not become employees, agents or servants of the City because of the performance of any work by this
agreement.
The Consultant warrants that it has not employed or retained any company or person, other than a bonafide
employee working solely for it, to solicit or secure this Agreement, and that it has not paid or agreed to pay any
company or person, other than bona fide employees working solely for the Consultant, any commission,
percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making
of this Agreement. For breach or violation of this warranty, the City will have the right to annul this Agreement
without any liability or in its discretion to deduct from the Agreement price or consideration, or otherwise recover the
full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
ARTICLE 5 -INSURANCE
In accordance with Article 4 above, the Consultant shall furnish a certificate of insurance upon notification of award
and prior to performance. Work shall not commence under this Agreement until the Consultant has submitted to
the City and received approval thereof, a certificate of Insurance showing compliance with the following minimum
types and coverages of insurance.
Type of Insurance
Minimum Limits of Liability
Standard Workers' Compensation &
Employers' liability Including
Occupations Disease Coverage
Statutory in conformance
with the compensation
laws of the State of Colorado
Comprehensive General Liability
Insurance
$250,000 each person,
$2,000,000 each occurrence
Comprehensive Automobile
$250,000 each person,
Professional liability (errors and omissions)
$1,000,000 each occurrence
All policies and/or Certificates of Insurance shall include the City of Wheat Ridge as an additional named insured.
Nothing herein shall be deemed or construed as a waiver of any of the protections to which the Agencies may be
entitled pursuant to the Colorado Governmental Immunity Act, sections 24-10-101, C R.S., as amended.
ARTICLE 6 -INDEMNIFICATION
The Consultant agrees to indemnify and to hold the City and its agents harmless for, from and against any and all
claims, suits, expenses, damages or other liabilities, including reasonable attorney fees and court costs arising out
of damage or injury to persons, entities, or property causes or sustained by any person or persons as a result of the
negligent performance or failure of the Consultant to provide services pursuant to the terms of this Agreement.
ARTICLE 7 - CHANGE ORDERS OR EXTENSIONS
The City may, from time to time, require changes in the scope of services of the Consultant to be performed herein.
Such changes, including any increase or decrease in the amount of the Consultant's compensation, must be
mutually agreed upon in writing by the City and the Consultant. The Consultant shall be compensated for all
authorized changes in services, pursuant to the Request for Proposal, or if no provision exists, pursuant to the
terms of the Change Order
ARTICLE 8 - EQUAL EMPLOYMENT OPPORTUNITY
The Consultant shall not discriminate against any employee or applicant for employment because of age, race,
color, religion, sex, or national origin. The Consultant shall adhere to acceptable affirmative action guidelines in
selecting employees and shall ensure that employees are treated equally during employment, without regard to
their age, race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following'
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of
payor other forms of compensation, and selection for training, including apprenticeship. The Consultant agrees to
post in conspicuous places, available to employees and applicants for employment, notices provided by the local
public agency setting forth the provisions of this nondiscrimination clause.
The Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this
Agreement so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions
shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.
ARTICLE 9 - CHARTER. LAWS AND ORDINANCES
The Consultant at all times during the performance of this Agreement, agrees to strictly adhere to all applicable
J'\ Winston Associates NRS Implementation Agreement.doc 2
Federal, State and Local laws, rules, regulations, and ordinances that affect or govern the work as contemplated
under this Agreement.
ARTicLE 10 - LAW AND VENUE
The laws of the State of Colorado shall govern as to the interpretation, validity, and effect of this Agreement. The
parties agree that venue and jurisdiction for disputes regarding performance of this contract is with the District
Court of Jefferson County, Colorado
ARTICLE 11- TERMINATION
The Consultant acknowledges that his failure to accomplish the work as described shall be considered a material
breach of the contract and entitle the City to consequential damages resulting from failures, acts, or omissions
including but not limited to re-procurement costs, insufficient or improper work.
The City and the Consultant agree that this Agreement may be canceled for cause by either party with a fifteen (15)
day prior written notice. The cost of completing the portion of the work, which remains unperformed at the time of
such termination, shall be deducted from the contract price before payment is made.
The City may terminate the Agreement for its convenience upon thirty (30) days written notice. In the event of such
termination, the consultant will be paid for all work and expenses incurred up until the time of such termination.
All work accomplished by the Consultant prior to the date of such termination, shall be recorded and tangible work
documents shall be transferred to and become the sole property of the City, prior to payment for services rendered.
ARTICLE 12 - NOTICES
Any notice or communication given pursuant to this Agreement to the City shall be made in writing to
For the City: Barbara Delgadillo, 7500 W 29th Avenue Wheat Ridge, CO 80033.
Phone (303) 235-2806 Fax (303) 234-5924
For the Consultant: Jeff Winston, 4696 Broadway, Boulder, CO 80304
Phone (303)-440-9200 Fax (303) -449-6911
ARTICLE 13 - ASSIGNMENT AND SUBCONTRACTORS
The duties and obligations of the Consultant arising hereunder cannot be assigned, delegated, nor subcontracted
except with the express written consent of the City The subcontractors permitted by the City shall be subject to the
requirements of this Agreement, and the Consultant is responsible for all subcontracting arrangements and the
delivery of services as set forth in this Agreement. The Consultant shall be responsible for the performance of any
sub-consultant.
ARTICLE 14 - SEVERABILITY
To the extent that the Agreement may be executed and performance of the obligations of the parties may be
accomplished within the intent of the Agreement, the terms of this Agreement are severable, and should any term
or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not
affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be
construed as a waiver of any other term, or the same term upon subsequent breach.
ARTICLE 15 -INTEGRATION OF UNDERSTANDINGS
This Agreement is intended as the complete integration of all understandings between the parties. No prior or
contemporaneous addition, deletion, or other amendment hereto shall have any force and affect whatsoever,
unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment
hereto shall have any force or effect unless embodied in writing and signed by an authorized representative of the
City and the Consultant.
j'\Wins(on Associates NRS Implementation AgreemcnLdoc 3
ARTICLE 16 - AUTHORIZATION
Each party represents and warrants that it has the power and ability to enter into this Agreement, to grant the rights
granted herein and to perform the duties and obligations described herein.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized
officials, this Agreement in two (2) copies, each of which shall be deemed an original on the date first written above.
OWNER
ATTEST TO OWNER:
Winston Associates
4696 Broadway
Boulder, CO 80304
(SEAL)
ATTEST TO CONSULTANT
NAME
SIGNATURE
TITLE
TITLE
PRINT NAME
DATE
PHONE NUMBER
nWinston Associates NRS Implementation Agreement.doc 4
WINSTON
w
PROPOSAL
ASSOClA TES
TO: RANDY YOUNG. AL".N WHITE, BARBARA DELGADILLO
FROM: JEFF ~'JNSTON, CHARLES BUKI
SUBJECT: IMPLEMENTATION OF REVITALIZATION STRATEGIES
DATE: 11 JULY 2005
BACKGROUND
On June 27, the NRS Team (led by Winston Associates and CZB llc) discussed with City Council a timeline
and approval process for implementing the Repositiorung Wheat Ridge strategies that have been created
over the last 7 months. The unplementation process IS conceptually outlined m a separate memorandum
(Next Steps). Essentially it suggests that the City move forward on two concurrent fronts:
1 Creation of \,('R2020
2. Additional planning work to refme the strategies of the NRS so they can be implemented by the
City and WR2020.
The City has invited the Winston Associates' NRS team to submit a proposal for on-going consulting
services to assist the City in implementing the recommendations of the NRS.
1. CREATION OF WR2020
The creation of \VR2020 will require a number of procedural steps, including formation of a Task
Force/Nominatmg Committee, orgamzing the votmg members of the Stakeholder Group and establislung
a Board of Directors, seeking and selectmg an Executive Director, ete. In additlOn, there arc a vanety of
other tasks that will need to be managed until the Board and staff of WR2020 are m place, tramed and
operatmg effectwely 'These tasks include public relations outreach, networking WIth potential agency
partners, creating 'qll1ck start' projects to demonstrate NRS strategies, etc.
After reflection on the City's needs, and discussions with staff, the Winston AssoClates NRS team proposes
to provide these servICes during a three to five-month transition penod. Dunng this time we envision the
roles and responsibilities of the team bemg gradually reduced as \X'R2020 retains a permanent Executive
Director and the Board and Stakeholder Group develop capaClty
The \11iR2020 formation duties will be distributed among all of the team members. This approach offers a
number of sigmficant benefits to the City.
It will allow the City to mamtain the continuity of the NRS Team, through tlus cntical transition
period.
2. The team has a high level of familianty Wlth Wheat Ridge. We can 'hit the ground runmng' and
avoid a lengthy learning curve.
WINSTON J\SSOCI!lTES 4696 Broadway, Boulder CO 80304 (P)303.440.9200 (F)303.449.6911 www.winstonassociates.com
l'AGE201'~
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REPOSITIONING WHEAT RIDGE-PROPOSED IMPLEMENTATION SERVICES
DATE. 12jULY 2005
3. It provldes the City an efficient "smgle hand-off' to the permanent Executive Director rather than
the challenge of fmding, orientmg an intenm Executive DITector, then going through the process
again with a permanent Executive Director.
4 It offers the City the broad experience of all of the team members for the Wlde variety of tasks
demanded m the transItion period (setting up WR2020, finding/hiring a permanent director,
organizmg start-up commuruty-building activIties and laying the groundwork for development
Initiatives, refining the work plan/ prionties, establishmg a budget, ete.
5 The combination of national experience and local presence provides a high level of experuse and
networkmg, along with day-to-day availability
Tlus will of course require a stgnificant amount of mtemal coordination among team members, but have
hopefully demonstrated our capabihties in this area.
We see the WR2020 formation/translt1on servICes havmg the ultunate objective of leaving the City a well-
org.mized, functional and effective orgaruzation. \X'ork to be provided mcludes the following:
.
Assistance Wlth formation of Task Force, Board and Stakeholder membership (refme criteria
for memberslup In each group, help convey the Vision and Mission, tram members, proVide
examples/insights from other commumtles, etc.)
Refine Articles of Incorporation, Bylaws
ProVide input to 501(c)3 apphcatlon
Help recruit members (preparation of informational materials, assist in 'telling the story', etc.)
ASSist m the development of a fITst year workplan and budget
Refine a multiyear workplan and budget
Refme Job Descnption and assist (as needed) Wlth recnlltrnent/ mtervlew/lunng of the
Executive Director
Public relation/public awareness (newsletters to residents, web site, merua relations, ete.)
On-gomg meetings Wlth pubhc, busmess and political realms to educate and mform as to
purpose/ status / goals of WR2020
Networking with potential partners from other Wheat fudge organizations and metro-area
agencies as to purpose/status goals of\\IR2020
Techrucal asslstance m re[mmg the profile of the 'products' (data analYSIS, market research,
scenario development, ete.)
ReSident leadership traming
.
.
.
.
.
.
.
.
.
.
.
\Ve have an attached a spread sheet that attempts to provide a generalltenuzation of hours, by potential
individuals for a variety of the above tasks. This is merely meant to provide one approximation as to how
the work nught be distributed among vanous tasks.
The total amount for WR2020 formation services is approximately $161,000. We would propose to
establish tlus as a budget not to be exceeded Wlthout authonzation, and to bill agamst this budget on an
hourly basls, ,vith travel and other expenses to be reunbursed separately. Ibe approXlffiate breakdown of
expenses between team members will be dependent on which management option IS selected. On a very
preliminary baSIS we envlsion that the approximately 900 hours would be distributed as follows:
WINSTON ASSOCIATF.<; 4696 Broadway,l\oulder CO 80304 (1')303.440.9200 (F)303.449.6911 wwwwinswnassociates.com
PAGE 3 OF 3
REPOSITIONIN(; \x1j-IEAT RIDGE- PROPOSED IMPLEMEN"LA,TION SERVICES
DATF 12jULY 2005
CZB /Boehlke
M. Roosevelt
K. McCor1111ck
W Sullivan
Winston Associates
Total :!:
400 hours
200 hours
150 hours
50 hours
100 hours
900 hours
2. CONCURRENT IMPLEMENTATION.LAND USE PLANNING
As outlined m the Next Steps memorandum, there are several planning efforts that need to proceed
concurrently with the \'\'R2020 formation in order to lay the groundwork for lmplementatlOn strategies
Without a costly delay or the mtervention of other actions (pnvate development or actions by other
agenaes) that could compromise the effectiveness of the proposed strategies. These implementation-phase
planning efforts are:
1 Developing sub-area plans. The objectives of this planning are:
. engage citizens In further adaptation of the NRS strategies for mdiVldual neighborhoods
. provide a ready guide for future deCisions in mdiVldual neighborhoods
. lay the groundwork for updating the ComprehensiVe Plan
. to martial the resources of all City departments toward shared community goals.
We envision that the three sub-area plans could overlap somewhat, and be completed In approximately
6 1/2 months, subject to the tuning of public review processes.
2. Revise the development review process, codes. Begm the process of reViSing the development
review process and Land Use codes. Ibe objective is to reduce regulatory hurdles and inconsistencies,
while providing greater clanty about City standards. This process could be !nitiated with the creation of
an X-zone, or PUD-X process as an expenmental demonstration of ways to 'incentivize' good
development.
\N'e have attached a spread sheet that outlines an approxunate allocation of costs. In sum, we antiCipate the
planrung for a sub-area to cost approxunateIy $30,000 to 40,000 each. Based on mput received dunng the
NRS, there appear to be at least tl1tee sub-areas that need unmediate attention. the Orchard DistriCt, the
Light Rail Station (NW Wheat fudge) and 44th Avenue/Wadsworth (wluch 1111ght possibly evolve into a
Town Center planning exerase as well).
1be total amount for On-gomg Planrung Services is approximately $145,000 including relmbursable
expenses (travel expenses are included in the WRZ020 formation budget). We would propose to establish
this as a budget not to be exceeded Wlthout authonzation, and to bill against tlus budget on a tune and
matenals basis.
WINSTON ASSOCIATES 4696 Broadway, Boulder CO 80304 (P)303.440.9200 (F)303.449.6911 www.winstonassoClatcs.com
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RATE &., EXPENSE SCHEDULE
RATE
WINSTON ASSOCIATES
Principal
Senior Associate
Planner & Landscape Architect II
3D Visualizationj Animation
Landscape Architect
Drafting/CAD
Administrative Assistant
Clerical
$150.00jhour
$110.00/hour
$ 75.00/hour
$ 65.00/hour
$ 60.00jhour
$ 55.00/hour
$ 45.00jhour
$ 30.00/hour
$1,200j day
$880/ day
$600/ day
$520jday
$480/ day
$440/day
$360jday
$240j day
CZB, LLC
Charles Buki
David Boehlke
$160.00jhour
$130.00jhour
$1,280/ day
$1,040j day
CORNERSTONE HOUSING
Mary Roosevelt
$150.00/hour
$1,200j day
MCCORMICK & ASSOCIATES
Kathy McCormick
$110.00jhour
$880j day
REIMBURSABLE EXPENSES
,., Air travel. lodging, meals, car rentals and related travel and subsistence out-of-pocket expenses
are billed at direct cost.
~ Subconsultant fees are billed at 1.05 x billing rate.
~ Travel time is billed at half the hourly or daily rate above.
,., Mileage is billed at $0.40 % per mile.
}- In-house photocopies are billed at $.15 per copy Whenever possible, large runs are sent to out-
side sources at reduced cost.
}- All other reimbursable expenses induding printing, postage, supplies, film, photos, etc. are billed
at direct cost.
}- Report publications and special presentations (renderings, models, photo montages, etc.) are
considered reimbursable expenses and must be negotiated with the dient separately according to
special requirements.
V\'INSTO", ASSOCIATES
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