HomeMy WebLinkAboutPACKET Town Board Study Session 2020-09-22September 22, 2020
4:45 p.m. – 6:30 p.m.
Board Room/Virtual
The Town Board of Trustees will participate in the meeting remotely due to the Declaration of
Emergency signed by Town Administrator Machalek on March 19, 2020 related to COVID-19 and
provided for with the adoption of Ordinance 04-20 on March 18, 2020.
To view or listen to the Study Session by Zoom Webinar
ONLINE (Zoom Webinar): https://zoom.us/j/92649678441 Webinar ID: 926 4967 8441
CALL-IN (Telephone Option): 1-346-248-7799 Meeting ID: 926 4967 8441
4:45 p.m. Downtown Estes Loop Quarterly Update.
(Director Muhonen)
5:20 p.m. Western Heritage Edited MOU Review.
(Director Hinkle)
5:50 p.m. Estes Valley Investment in Childhood Success (EVICS)
and Estes Early Childhood Education (ECE): Mission and
Responsibilities. (EVICS and Estes ECE)
6:20 p.m. Trustee & Administrator Comments & Questions.
6:25 p.m. Future Study Session Agenda Items.
(Board Discussion)
6:30 p.m. Adjourn for Town Board Meeting.
Informal discussion among Trustees concerning agenda items or other Town matters may occur before this
meeting at approximately 4:15 p.m.
AGENDA
TOWN BOARD
STUDY SESSION
Page 2
PUBLIC WORKS Report
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Greg Muhonen, PE, Public Works Director
Project Technical Advisory Committee (TAC)
Date: September 22, 2020
RE: Quarterly Update on Downtown Estes Loop Project (DEL)
Objective:
Update the Town Board on the activities that have taken place on the Downtown Estes
Loop (DEL) project since the June 9, 2020 Town Board Study Session.
Present Situation:
Right of Way: Purchase of six of seven parcels is complete. Agreements for
Possession & Use are in place for the remaining parcel, and the property owners
have been paid the appraised value for their parcel. A valuation trial is
scheduled to start September 16, 2020 for the district court to determine if
additional compensation is warranted. CDOT has authorized the Town to use
the vacant parcels for temporary parking areas until these lands are needed for
project improvements. The abandoned fuel tanks have been removed from the
acquired Donut Haus site. Right of Way plans are finalized for the negotiated
acquisition of 33 easements and right of way slivers in 2020.
Budget: No changes since the June update. Central Federal Lands Highway
Division (CFLHD) previously updated the project budget from $17.2 million to
$21.5 million to reflect the estimated additional costs to complete the preliminary
engineering (design, right of way acquisitions, easement acquisitions, and
building demolition) in 2020 and the construction potentially in 2022/2023. This
is reflected in the proposed amendment to the Memorandum of Agreement
between the Town and CFLHD.
Schedule: The project schedule anticipates completion of the construction
documents by the end 2020. Right of way and easement acquisitions are
expected to extend into the first quarter of 2021. Contingency planning is
underway for the potential delay in project construction to 2022/23.
Memorandum of Agreement (MoA). CDOT has offered to assume financial
responsibility for any multi-year cost obligations potentially incurred by the MoA
(in lieu of inserting a TABOR clause limitation). This will likely trigger an
amendment to the Reimbursable Agreement and a new agreement between the
Page 3
Town and CDOT to address other potential project outcomes. Amicable
negotiations remain in progress, as all parties are committed to following the
legally correct path forward.
Proposal:
The TAC proposes to continue the design and right-of-way acquisition efforts in 2020
and bid the construction work in early 2021.
The PW staff submitted a grant application to the US Dept of Transportation for funding
from the 2020 Better Utilizing Investments to Leverage Development (BUILD) program.
An award could fund replacement of the Riverside and Rockwell Bridges and Big
Thompson River channel widening downstream to US36. This work was
environmentally cleared in 2016 as Phase 2 of the DEL project. No response has been
received, and is expected still in 2020.
Advantages:
The project benefits are numerous and include relief to the Town’s downtown traffic
congestion problems, improved downtown mobility for bicyclists, reduction in downtown
flood risk from the Big Thompson River, improved water delivery for fire protection, and
closure to property owner uncertainty surrounding the DEL.
Disadvantages:
Some community members do not support the partner agencies building the DEL.
Action Recommended:
n/a
Finance/Resource Impact:
The Town has expended no additional funds for this project since the previous quarterly
update. The 2014 Memorandum of Agreement between the Town, CDOT, CFLHD, and
RMNP estimated this project would cost $17.2 million with construction occurring in
2016. In 2019 CFLHD dedicated more than $2 million of additional Federal Lands
Access Program (FLAP) funds to cover increased right of way acquisition costs. The
Town remains obligated to pay a local match of $4.2 million (CDOT devolution funds)
for the Phase 1 project. The Town has spent $3,823,977 to-date. A total of $9.5 million
has been spent by CFLHD on the project to-date.
Level of Public Interest
The known level of public interest in this item is high.
Attachments:
1. Presentation slides for the Phase 1 project
Page 4
Draft Presentation subject to change.
Downtown Estes Loop Project
Estes Park Town Board Study
Session
September 22, 2020
Draft Presentation subject to change.
Today’s Agenda
• Progress Update
•Right of Way
•MOU Amendment/
Budget Update
• Project Schedule
• Next Steps
•Q&A
ATTACHMENT 1
Page 5
Draft Presentation subject to change.
Project Scope – Phase 1
• Phase 1:
– Reconstruction and realignment of
Riverside Drive
– Reconstruction of the Ivy Street Bridge
–New and Coordinated traffic signals with
Riverwalk
– Associated transportation improvements
along Elkhorn and Moraine
– New on street bike lane on Moraine and
Riverside
– Continuous sidewalks along entire Loop
– Channel Improvements between Ivy St
and Rockwell St
– Wayfinding signs, parklands
• Does not include:
– Rockwell and Riverside Bridges
– Relocation of Public Restroom
– Downstream Floodplain Improvements
Draft Presentation subject to change.
Right-of-Way Acquisitions Process
• CDOT is the lead agency for Right of Way (ROW) Acquisition on the Project.
•Process follows Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970 (Uniform Act).
• CDOT has purchased 6 of 7 full
purchase properties, and has
possession agreements with the
remaining 1 owner.
• CDOT is assisting property
owners and tenants who require
Relocation. Payments to one
tenant are scheduled and two
business owners are still within
the time limits to submit re-
establishment claims.
• One property is in
condemnation with a valuation
trial beginning September 16th.
X
CDOT owned properties
Page 6
Draft Presentation subject to change.
Summary of Right-of-Way
Acquisition Process
Draft Presentation subject to change.
General Condemnation Process
Page 7
Draft Presentation subject to change.
Right-of-Way in detail
• The 8 structure removals are complete.
• Minor Right-of-Way plans changes have been finalized and CDOT will
proceed with the second portion of the Right-of-Way acquisitions once
plans have been authorized.
-Identified are an additional 8 fee acquisitions, 3 permanent
easements and 22 temporary easements.
- One personal property relocation has been added.
Draft Presentation subject to change.
MOA Amendment
• CDOT/Town Staff are working on an alternate solution to the
Town’s request that CFLHD insert a TABOR clause limitation
into the Reimbursable Agreement.
• The Town’s concern stems from this clause in the
Reimbursable Agreement referenced in the MOU:
“This agreement will terminate upon the date specified in
Section V or upon 30 calendar day prior written notification to the
other party. If this agreement is terminated by the Requesting
Agency its liability shall extend to 100 percent of actual and
reasonable costs of the items/services rendered and the costs of
any non-cancelable obligations incurred prior to the effective date
of termination. If this agreement is terminated by the Servicing
Agency its liability shall extend only to the release of its work
products and related materials to the Requesting Agency by the
effective date of termination.”
UJ1
Page 8
9/16/2020
5
Draft Presentation subject to change.
MOA Amendment
• CDOT is proposing to assume financial
responsibility for this repayment obligation
potentially triggered by withdrawal from the project
by the Town (Requesting Agency). The
mechanism for accomplishing this remains under
discussion.
• Additionally, CDOT is crafting an additional
proposed agreement between Town and CDOT to
cover “what ifs…”
–“What if bids exceed budget and scope has to be
cut?”
–“What if there are additional financial impacts during
construction due to unforeseen conditions?
UJ1
Draft Presentation subject to change.
Budget Update
PROJECT BUDGET FOR ALL SEGMENTS
Item
Estimated Cost for
CFLHD Performed
Services
Comments
Preliminary Engineering
(PE) and Environmental
Compliance
PE Subtotal $2,880,000
ROW Acquisition & Utility
Relocation ROW Subtotal $7,100,000
Construction Contract (CN)
CN Subtotal $10,120,000
Schedule A $9,520,000
Option X $600,000
100% of Cost Borne
by Town of Estes Park.
Construction Engineering
(CE)CE Subtotal $1,400,000
TOTAL $21,500,000
Page 9
9/16/2020
6
Draft Presentation subject to change.
Project Schedule
Draft Presentation subject to change.
Construction Schedule Scenarios
Major Factors Driving Schedule:
– CLOMR Application Approval
– ROW/Easement Acquisition
Construction Schedule*:
– Advertise Summer 2021
– Construction 2021/22
*Pending permit approvals and ROW acquisition
Page 10
9/16/2020
7
Draft Presentation subject to change.
Next Steps
•Upcoming Milestone: 95% submittal of plans in Fall 2020
– Ongoing Design Refinements
– Continue Right of Way Acquisition
– Finalize Channel Hydraulic Analysis – Submit FEMA CLOMR
Application
– Utility relocations (Xcel, CenturyLink, EPSD, UTSD, Town of EP
Water/Power)
• Monthly Technical Advisory Committee (TAC) Meetings
– Members include representatives from CFLHD, CDOT, Estes Park
• BUILD Grant Submitted May 19, 2020
• Town Board Quarterly Updates
– next presentation on December 8, 2020
Draft Presentation subject to change.
Questions and Answers
Page 11
Page 12
EVENTS & VISITOR SERVICES Report
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Rob Hinkle, Community Services Director
Date: September 22, 2020
RE: Western Heritage edited MOU Review
Objective:
Review the edits to the Western Heritage/Town MOU for the Rooftop Rodeo and seek
any other direction.
Present Situation:
No current problems or barriers.
Proposal:
Seeking any new direction from the Town Board.
Advantage:
Periodic review of agreements with the Town Board will help make sure that they are
current.
Attachment:
1. Town of Estes Park and Estes Park Western Heritage MOU
Page 13
1
AGREEMENT MEMORANDUM OF UNDERSTANDING
REGARDING MANAGEMENT OF THE ESTES PARK RODEO
This Memorandum of Understanding Regarding Management of the Estes Park Rodeo
(“Agreement”) is made and entered into by and between THE TOWNTOWN OF ESTES
PARK (“TOWNTown”), a local governmental entityColorado municipal corporation,
AND and
ESTES PARK WESTERN HERITAGE, Inc.
(“WH”), a Colorado Nnon-profit Ccorporation.
RECITALS
A.WHEREAS, tThe mission of the TOWNTown is to provide reliable, high-value services for
the benefit of its citizens, visitors, and employees, while being good stewards of public resources
and its natural setting.; and
B.WHEREAS, tThe mission of WH is to promote the western culture and preserve the western
heritage of the Estes Valley by producing and supporting activities for the education and
enjoyment of its residents and visitors.; and
C.Each year, WHEREAS, tthe TOWNTown produces a rodeo (“Rodeo”), sanctioned by the
Professional Rodeo Cowboys Association (PRCA), known as Estes Park Rodeo as well as the
Rooftop Rodeo and registered as PRCA rodeo 316Professional Rodeo Cowboys Association
(PRCA) - sanctioned rodeo each year; and .
D.Whereas, tThe TOWNTown and WH desire to work together in fulfilling their respective
missionsfor WH to assist the Town in management of the Rodeo.
TermsAGREEMENT
NOW, THEREFORE, in consideration of the mutual promises contained herein, the
parties hereto agree as follows:
SECTION 1. DUTIES AND RESPONSIBILITIES OF THE TOWNTown OF ESTES PARK
1.01 The TOWNTown shall maintain and operate the physical facility known as the
Fairgrounds at Stanley ParkTown of Estes Park Events Complex at Stanley Park
(hereinafter “Facility”).
1.02 The TOWNTown shall provide the following support for WH:
ATTACHMENT 1
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2
a. Use of an office and office support, and supplies as specific to Rrodeo. ; and
b. Sponsorship Dinner/Funding for an annual appreciation and awards event for
volunteers of the Rodeo.Volunteer Banquet
1.03 The TOWNTown shall have financial and management responsibility for the following
elements of the Rodeo:
a. The Estes Park Rodeo (known also as The Rooftop Rodeo and registered as
PRCA rodeo 316)Rodeo itself;
b. Rodeo Pre-Show;
c. Supporting WH in scoreboard set up and teardown;
d. Providinge an ambulance service; for the Estes Park Rodeo
e. Providing Provide police security as needed;
f. Providing Provide a veterinarian; for the Estes Park Rodeo
g. Providing Provide contestant purse money, as approved by Town Board, required
by PRCA to host the Estes Park Rodeo; and
h. PayingThe TOWN shall pay for all contract personnel and their lodging needed to
produce the Estes Park Rodeo in accordance with it’s agreement with the stock
contractor. Exceptions that WH shall pay are, except as noted in section 2.05..
1.04 The TOWNTown shall be responsible for negotiating contracts, with the exception of
sponsorship agreements, for the Estes Park Rodeo.
The TOWNTown shall consult with WH prior to choosing a stock contractor(s). This
consultation is to allow both parties to understand the stock contractor’s needs for the
Rrodeo, and allow the parties to determine how those needs fit within their individual
scope of duties. The TOWNTown shall select the contractor pursuant to its contracting
policies.
1.05 The TOWNTown shall maintain ownership of Estes Park’s PRCA- 316-sanctioned
rodeothe Rodeo.
a. WH will hold the PRCA committee membership position starting in 2016 and will
pay PRCA dues and application fee currently totaling $1,300.
The TOWNTown owns the Rooftop Rodeo Parade and will pay for its associated
insurance requirements. WH will help plan and produce the Parade.
b.
1.06 The TOWNTown shall receive the following revenues:
a. Tickets sales (not to include Bbehind the cChutes Ttours), except as described in
section 2.08(e); The one exception to this is outlined in the signed agreement
dated Feb. 10, 2016 at the end of this document.
b. Vendor fees; and
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c. Convenience fees from internet sales of Rodeo admission tickets.
1.07 The TOWNTown reserves the right to utilize WH equipment, except for exempt items as
described in the Attachment hereto. Exempt items will be determined by WH. If any
equipment item is damaged by the TOWNTown, it shall be repaired or replaced by the
TOWNTown.
1.08 The TOWNTown Events and Visitor Services Director (Director) Fairgrounds and
Events Manager and the WH Board will meet annually in concurrence concert with the
TOWNTown’s budgeting process to identify WH and TOWNTown needs.
Unanticipated expenditures will be reviewed on a case-by-case basis.
1.09 The Fairgrounds and Director Events Manager is an ex officio member of WH and may
participate in membership and board meetings of WH.
1.10 The TOWNTown shall be the owner of items and capital improvement projects funded
through its Fairgrounds and Events budget.
1.11 The Fairgrounds and Events ManagerDirector shall outline capital improvement projects
and other appropriate needs of financial assistance from the WH Board. Capital
improvement projects shall be defined as a projects with a value over $5,000 and over 1
year of useful life. The majority of funding requests by the DirectorFairgrounds and
Events Manager to WH will be made once a year. The TOWNTown is responsible for
any related project management.
1.12 All duties and responsibilities of the TOWNTown set forth in this Agreement are subject
to the budgetary process of the TOWNTown including appropriations of sufficient funds
to perform the duties and responsibilities set forth in this Section 1herein and the
administration of the Fairgrounds at Stanley ParkFacility by the TOWNTown
Administrator or his/hertheir designee.
1.13 The TOWNTown shall have the right to review WH documents and financial records
promptly upon request. WH shall prepare minutes of its meetings, as required by law,
and shall transmit them to the Town promptly upon request.
1.14 All sponsorship agreements shall be reviewedmust be approved in writing by the Town
prior to execution by WH to assure all PRCA policies for sponsorships are followed and
to verify the Town is not being committed to exclusive or /long term agreements or
agreements not appropriate for the Town. WH shall promptly send a copy of all such
executed agreements to the Director.
1.15 The TOWNTown shall supply all event tickets needed for sponsorships at no charge to
WH. Any such sponsorship tickets must be approved by the Town in writing. WH will
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4
be responsible for only those tickets that are listed in the Attachment section of this
document. WH shall supply all other items and benefits included in sponsorship packages
at no cost to the TOWNTown.
SECTION 2. DUTIES AND RESPONSIBLITIES OF WH
2.01 WH seeks to further its mission and the mission of the TOWNTown by providing funds
for capital improvements, including maintenance of such improvements as appropriate,
and other appropriate needs of the Facility. For projects it funds, WH shall participate in
front-end planning which may include determining the objective, defining the project and
identifying funding sources.
2.02 WH shall participate with the Fairgrounds and Events and Visitor Services staff in
strategic planning for the Facility.
2.03 WH shall be financially responsible for sponsoring and producing the following events
associated with the Estes Park Rodeo:
a. Specialty Nights at Rodeo
b. Mutton Bustin’
c. Hospitality Tent (including equipment)
d. Behind the Chutes Tours
a. Calf Catch
e.
WH shall obtain all required permits and licenses arising from its responsibilities,
including but not limited to Special Events Permits and a Special Events Liquor License
for the sale of alcohol.
2.04 All events conducted by WH at the FairgroundsFacility at Stanley Park shall be approved
by the TOWNTown.
2.05 WH shall provide the following financial support for the Estes Park Rodeo:
a. Full contracting responsibilities and payment to rodeo announcer Andy Seiler.
b. Travel and training for WH personnel. WH shall provide a travel itinerary to
the TOWNTown.
c. Behind the Chutes Tours; responsible for all related expenses.
d. Rental of the scoreboard.
e. Assistance with funding of equipment related to Rodeo (both anticipated and
unanticipated costs).
f. Development and production of rack cards and posters.
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g. Radios, safety vests, and other equipment that may be needed by WH
volunteer security team. The role of the team is to primarily man staff the
various gate entries into the east side of the FairgroundsFacility. There will be
increased security by WH in 2016 and beyond to help enforce the following
new security measures: OnlyWH will engage security to ensure that only
PRCA card holders are allowed through back gate (off Community Drive),
and that . Nno members of the general public or / ticket holders are allowed
entry through the east Midway gate.
2.06 WH shall be responsible for providing the following documents to the TOWNTown
when requested:
a. Exempt equipment list;
b. A detailed travel calendar;
c. A list of all events; and
d. Provide sSponsorship agreements with all sponsors .
2.07 WH shall be responsible for and fund the Royalty Program.
a. WH shall create and maintain a Royalty Handbook which covers all duties,
responsibilities, policies and procedures of the Royalty Program.
b. TOWNTown will provide the use of FairgroundsFacility facilities as it relates
tofor Royalty functions including the annual Royalty Clinic and Tryouts.
2.08 WH shall be entitled to collect all ofand benefit from the following Estes Park Rodeo-
generated revenues:
a. Merchandise sales;
b. Sponsorships;
c. Behind the Chute Tours;
d. Adult Alcohol beverage sales; and
e. As referred to in the signed letter at the end of this document, WH will receive
a split of the 2016 and beyond ticket price increase.$1.68 of each Rodeo ticket
sold. In return, WH has agreed to WH shall use the majority of its net
revenue sharethese funds to market and advertise the Rooftop Rodeo to the
general public in order to increase visitor attendance. This will allow a
consistent message with WH’s long time marketing and advertising efforts to
the rodeo community in general and to our the Rodeo’s contestants in
specifically.
2.9 WH shall be responsible to seek lodging for the following individuals during rodeo week
as necessary: sStock contractor staff, announcer, scoreboard operator, stock contractor,
veterinarian, PRCA judges, PRCA photographer, and other contract personnel as
required. WH will endeavor to fund this lodging through sponsorships. In the event that
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WH cannot find secure funding for the lodging, the TOWNTown will be financially
responsiblepay for the lodging.
2.10 WH shall assist in preparing the Frodeo facility for the Rodeo as requested and directed
by the TOWNTown or its representative. This includes, but is not limited to, arena
preparation (except for the actual ground/arena material is not included in this), and set
up and tear- down of the chutes, fence, pens, hospitality area, arena signs and scoreboard.
2.11 WH shall be responsible for its website and all material thereoin, including any other
form of electronic or social media, advertising, or other written material produced on
behalf of or by WH. Due to the fact that WH is primarily associated with the Town and
uses Town facilities, WH agrees that the Town shall be entitled to request removal of any
inappropriate or misrepresentative content from its website, social media, or any other
printed material involving the Town, the Estes Park Rodeo, or any other Town sponsored
and supervised events. WH shall remove all such material upon request by the Town.
The Town hereby disclaims any responsibility for or ownership of the WH website,
social media content, or other material produced by or on behalf of WH.
2.12 As soon as practical, WH shall transfer to the Town ownership of the following service
marks registered with the United States Patent and Trademark Office: the name “Rooftop
Rodeo” and the logo known as the “Bowlegged Cowboy.” In exchange for said transfer,
the Town shall compensate WH for its costs in registering said marks and shall grant WH
a license to use said marks in support of its mission. The Town will continue to manage
any and all intellectual property registrations related to the Rooftop Rodeo. The specific
terms governing the transfer and licensing of said marks and the consideration therefore
shall be governed by a separate agreement.
2.123 WH shall be responsible for providing copies of the TOWNTown’s adopted Volunteer
Manual to all of its volunteers and reviewing the Volunteer Manual with all of its
volunteers at least once each year. WH agrees that its volunteers shall follow the
requirements and obligations of the TOWNTown’s adopted Volunteer Manual when
volunteering for all TOWNTown sponsored and supervised events as listed in this
Agreement.
2.143 WH will not engage in any activity that competes with the Estes Park Rodeo.
SECTION 3. TERM OF AGREEMENT
3.01 This aAgreement shall commence on its “effective date,” and will be reviewed on an
annual basis by both parties. This aAgreement shall continue in effect for each ensuing
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calendar year unless terminated by either of the parties in accordance with Section 4
below.
SECTION 4. TERMINATION
4.01 Either party may terminate this aAgreement by providing written notice to the other party
on or before September 1 of any year with the termination to be effective at the end of the
calendar year.
SECTION 5. INVALID PROVISION
5.01 Should any part of this Agreement be declared invalid by a court of law, such decision
shall not affect the validity of any remaining portion which shall remain in full force and
effect as if the invalid portion was never a part of this Agreement when it was executed.
Should the severance of any part of this Agreement materially affect any other rights or
obligations of the parties hereunder, the parties hereto will negotiate in good faith to
amend this Agreement in a manner satisfactory to the parties. Failing agreement on such
amendment, either party may by notice in writing, terminate this Agreement forthwith
subject tounder the provisions of this Agreement relating to termination.
SECTION 6. INSURANCE AND LIABILITY
6.01 The Town shall provide its Volunteer Accident Medical Plan coverage to WH members
when they are engaged in Town sponsored events which are under the supervision and
control of the Town.volunteering at the Rodeo, and are actually under the immediate and
direct care, custody, control, supervision, and direction of Town employees. To be included in
this coverage, volunteers must also, prior to the beginning of the individual’s volunteer activity,
be included on a roster of volunteers that WH provides to the Town and must have provided the
Town a complete registration form in the form and manner required by the Town. This coverage
shall not extend beyond the days the Rodeo itself is underway as well as the two days
immediately preceding the Rodeo, when volunteers are needed for preparation.
The following is a list of other Town sponsored and supervised events:
Estes Park Rodeo
Royalty travel to other events
Board and Officer travel to national PRCA meetings and events
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WH understands and agrees that all other events including, but not limited to, the following
listed events are WH events. These include, but are not limited to, PBR and the Barrel Racing
Series., and WH shall provide its own medical insurance to its officers, contractors, employees,
and volunteers for such other events, and for times of the Rodeo that do not meet the qualifications
described above. Its volunteers are not volunteers of the Town for these events and times. Except
as covered by the Town-provided medical plan as described above, WH shall indemnify and
save harmless the Town, and its agents and employees, for any damages or claims by WH’s
officers, contractors, employees, and volunteers, arising out of or relating to WH’s activities
under this Agreement, and is solely responsible for all liability of to its volunteers. and its
volunteers are not volunteers of the Town for these events:
PBR
Barrel Racing Series
For all WH events using Town facilities, WH agrees to insure said events to the satisfaction of
the Town and to provide Certificates of Insurance to the Town prior to the events pursuant to
Town policies. WH shall also provide proof of Directors and Officers liability coverage
promptly upon request.
SECTION 7. INDEMNIFICATION
7.01 WH agrees to indemnify and hold harmless the TOWNTown from any claims, loss,
damage and/or injury caused or allegedly caused by the negligent act or omission of WH
its volunteers, employees, members, officers, contractors, or agents. Said
indemnification shall include all reasonable attorney’s fees and costs incurred by the
TOWNTown resulting from said claim, loss or damage.
SECTION 8. COLORADO GOVERNMENTAL IMMUNITY ACT
8.01 The parties hereto understand and agree that the TOWNTown and its officers, employees,
volunteers, and agents are relying on, and do not waive or intend to waive by any
provision of this Agreement, the monetary limitations or any other rights, immunities,
and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-
101 et seq., as from time-to-time amended, or otherwise available by any other provision
of law.
SECTION 9. General Provisions
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9
9.01 Assignment. Neither party to the Agreement shall, directly or indirectly, assign or purport
to assign this Agreement or any of its rights or obligations in whole or in part to any third
party without the prior written consent of the other party.
9.02 No Waiver. The failure of either party to enforce at any time any of the provisions or ,
rights, or to exercise any elections provided, shall in no way be considered to be a waiver
of such provisions, rights or elections or in any way aeffect the validity of the Agreement.
The failure to exercise by either party any of its rights herein or any of its elections under
the terms or conditions herein contained shall not preclude or prejudice it from exercising
the same or any other right it may have under this Agreement, irrespective of any
previous action or proceeding taken by it hereunder.
9.03 Complete Agreement. This Agreement is the complete Agreement of the parties; may be
amended or modified only in writing; and supersedes, cancels and terminates any and all
prior agreements or understandings of the parties, whether written or oral, concerning the
subject matter hereof.
9.04 Choice of Law. This Agreement shall be governed by and construed and interpreted
according to the laws of the State of Colorado. It shall be binding upon and inure to the
benefit of the successors of the TOWNTown and WH.
9.05 Counterparts. This agreement may be executed and delivered (including by facsimile or
email transmission) in one or more counterparts, all of which shall be considered one and
the same agreement and shall become effective when one or more counterparts have been
signed by each of the parties and delivered to the other parties, it being understood that
all parties need not sign the same counterpart.
9.06 Effective Date. This agreement is effective upon all parties hereto executing the same.
9.07 Notice. When any of the parties desire to give notice to the other, such notice must be in
writing sent by US Mail, postage prepaid, addressed to the party for whom it is intended
at the place last specified; the place for giving notice shall remain such until it is changed
by written notice in compliance with the provisions of the paragraph. For the present, the
parties designate the following as the respective places for giving notices:
To WH.: ESTES PARK WESTERN HERITAGE, INC.
P.O. Box 1852
Estes Park, Colorado 80517
To TOWNTown: TOWNTOWN OF ESTES PARK
Attn: TOWNTown Administrator
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10
P O Box 1200
Estes Park, CO 80517
CC:
SECTION 10. AUTHORITY PROVISION
Each person signing this Agreement on behalf of either party individually warrants that
he/shethey has full legal power to execute this agreement on behalf of the party for whom he/she
isthey are signing, and to bind and obligate such party with respect to all provisions contained in
this Agreement.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day
and year first written abovethis ____ day of ________________, 2020.
ESTES PARK WESTERN HERITAGE, INC.
By_________________________
Mark Purdy
Chairman of the Board
Date:
TOWNTOWN OF ESTES PARK
By___________________________
Wendy Koenig
Mayor
Date:
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Attachment
Items WH owns that would not be available to Town are items that are used for the rodeo
hospitality tent. These items consist of item used to store, serve and prepare food. Examples
would be coolers, utensils, tables, serving pans, freezer, and other associated items.
As referred to in Section 1.15, WH pays for the rodeo tickets of the following benefactors:
Berthoud Land Trust
Two boxes of six seats –Box 43 and 45 - will be reserved for VIPs, visiting rodeo committees,
Town management, etc. Both tThe TOWNTown controls these tickets and mayand WH will
have the coordinated ability to assign these seats without charge. WH may request assignment to
specified individuals.
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Page 25
Page 26
TOWN ADMINISTRATOR’S OFFICE Report
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jason Damweber, Assistant Town Administrator
Date: September 22, 2020
RE: EVICS and Estes ECE: Mission and Responsibilities
Objective:
Receive presentations, for information-only, from representatives of the Estes Valley
Investment in Childhood Success (EVICS) and Estes Early Childhood Education (Estes
ECE) regarding each organization’s mission and responsibilities.
Present Situation:
As the Board of Trustees continues to consider the Town’s role in addressing childcare
issues in the community, some Trustees expressed interest in learning more about the
mission and responsibilities of the primary local organizations focused on such issues,
namely EVICS and Estes ECE. This evening, the Board will hear from the Executive
Directors of each organization, Chris Douglas of EVICS and Michael Moon of Estes
ECE.
Proposal:
Staff proposes that the Board hear presentations from the representatives of EVICS and
the Estes ECE and ask clarifying questions to gain a better understanding of each
organization’s mission and responsibilities.
Advantages:
Childcare is an identified priority area in the Town Board’s Strategic Plan. A better
understanding of what local organizations are doing will help inform the Board as they
continue to consider the Town’s role in addressing childcare issues in the community.
Disadvantages:
None.
Finance/Resource Impact:
Not applicable at this time.
Level of Public Interest
Medium.
Attachments
None
October 13, 2020
Future Funding of Arts in Public
Places Program
Review Visit Estes Park Operating
Plan
Discussion of Workforce Housing
Guidelines Principles
October 27, 2020
Parking Division Year in Review and
Plans for 2021
Family Advisory Board
Recommendations
November 10, 2020
None.
November 24, 2020
None
December, 2020
Downtown Estes Loop Quarterly
Update
Items Approved – Unscheduled:
Discussion with County Assessor
regarding Assessment of Vacation
Rentals
Distributed Energy Discussion
Reverse Decriminalization of
Municipal Code
Vacation Home Cap and
Transferability of Licenses
Items for Town Board Consideration:
Revisit Fee Waiver/Subsidy
Policies, November 10, 2020
Future Town Board Study Session Agenda Items
September 8, 2020