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Home My WebLink AboutPACKET Town Board 2021-01-26The Mission of the Town of Estes Park is to provide high-quality, reliable services for the benefit of our citizens, guests, and employees, while being good stewards of public resources and our natural setting. The Town of Estes Park will make reasonable accommodations for access to Town services, programs, and activities and special communication arrangements for persons with disabilities. Please call (970) 577-4777. TDD available. BOARD OF TRUSTEES - TOWN OF ESTES PARK TO BE HELD VIRTUALLY Tuesday, January 26, 2021 7:00 p.m. Board Room – 170 MacGregor Avenue Estes Park, CO 80517 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. Procedures for quasi-judicial virtual public hearings are established through Emergency Rule 06-20 signed by Town Administrator Machalek on May 8, 2020 and outlined below. ADVANCED PUBLIC COMMENT Options for the Public to Provide Public Input: 1.By Public Comment Form: Members of the public may provide written public comment on a specific agenda item by completing the Public Comment form found at https://dms.estes.org/forms/TownBoardPublicComment. The form must be submitted by 12:00 p.m., Tuesday, January 26, 2021. All comments will be provided to the Board for consideration during the agenda item and added to the final packet. 2. By Telephone Message: Members of the public may provide public comment or comment on a specific agenda item by calling (970) 577-4777. The calls must be received by 12:00 p.m., Tuesday, January 26, 2021. All calls will be transcribed and provided to the Board for consideration during the agenda item and added to the final packet. PUBLIC PARTICIPATION DURING BOARD MEETING If you are joining the Zoom meeting and are experiencing technical difficulties, staff will be available for assistance from 6:30-6:50 p.m. by calling 970-577-4777. Options for participation in the meeting will be available by call-in telephone option or online via Zoom Webinar which will be moderated by the Town Clerk’s Office. CALL-IN (TELEPHONE OPTION): Dial public participation phone number, 877-853-5257 (toll-free) Enter the Meeting ID: 982 1690 2040 followed by the pound sign (#). The meeting will be available beginning at 6:30 p.m. the day of the meeting. Please call into the meeting prior to 7:00 p.m., if possible. You can also find this information for participating by phone on the website at www.estes.org/boardsandmeetings by clicking on “Virtual Town Board Meeting Participation”. Request to Speak: For public comment, the Mayor will ask attendees to indicate if they would like to speak – phone participants will need to press *9 to “raise hand”. Staff will be moderating the Zoom session to ensure all participants have an opportunity to address the Board. Once you are announced by phone: State your name and address for the record. DO NOT watch/stream the meeting at the same time due to streaming delay and possible audio interference. Prepared 01-15-2021 *Revised 01-22-2021 Page 1 NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. PUBLIC PARTICIPATION (ONLINE): Individuals who wish to address the Board via virtual public participation can do so through Zoom Webinar at https://zoom.us/j/98216902040 – Zoom Webinar ID: 982-1690-2040. The Zoom Webinar link and instructions are also available at www.estes.org/boardsandmeetings by clicking on “Virtual Town Board Meeting Participation”. Individuals participating in the Zoom session should also watch the meeting through that site, and not via the website, due to the streaming delay and possible audio interference. Start Time: The Zoom Webinar will be available beginning at 6:30 p.m. on the day of the meeting. Participants wanting to ensure their equipment setup is working should join prior to the start of the meeting at 7:00 p.m. Request to Speak: For public comments, the Mayor will ask attendees to click the “Raise Hand” button to indicate you would like to speak at that time. Staff will moderate the Zoom session to ensure all participants have an opportunity to address the Board. You will experience a short delay prior to re-connecting with the ability to speak. State your name and address for the record. In order to participate, you must: Have an internet-enabled smartphone, laptop or computer. o Using earphones with a microphone will greatly improve your audio experience. Join the Zoom Webinar. o The link can be found above. Click “Participate Virtually in the Regular Town Board Meeting of the Board of Trustees”. DO NOT watch/stream the meeting via the website at the same time due to delays and possible feedback issues. WATCH THE MEETING: The Town Board meetings will be livestreamed at www.estes.org/videos and will be posted within 48 hours of the meeting at the same location. Documents to Share: If individuals wish to present a document or presentation to the Board, material must be emailed by Monday, January 25, 2021 by 8:00 a.m. to the Town Clerk’s office at townclerk@estes.org. Quasi-Judicial Proceedings (Quasi-Judicial items will be marked as such) Written Testimony Must be submitted by mail to Town Clerk, PO Box 1200, Estes Park, CO 80517 or by completing the Public Comment form at https://dms.estes.org/forms/TownBoardPublicComment. Members of the public may provide public comment or comment on a specific agenda item by calling (970) 577-4777. All calls must be received by 8:00 a.m., Monday, January 25, 2021. All comments received will be provided to the Board and included in the final packet material. Oral Testimony To ensure your ability to provide comments during the meeting, you must register by emailing townclerk@estes.org or calling (970) 577-4777 by Monday, January 25, 2021 at 5:00 p.m. During the meeting, any individual who did not register to speak on a quasi-judicial item may join public participation by following either the Call-In or Online option previously mentioned. Individuals who do not register prior to the meeting risk being unable to testify due to administrative/technical difficulty during the meeting. Written presentation materials or exhibits must be delivered to townclerk@estes.org by 8:00 a.m. Monday, January 25, 2021 in order to be presented during the meeting. No other written presentations or exhibits will be accepted during oral testimony by any member of the public. Packet Material The packet material can be accessed through the following link: Town Board Packet or under the Town Board section at www.estes.org/boardsandmeetings or you may request a paper packet by emailing townclerk@estes.org or calling (970) 577-4777. Page 2 AGENDA BOARD OF TRUSTEES – TOWN OF ESTES PARK TO BE HELD VIRTUALLY Tuesday, January 26, 2021 7:00 p.m. PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). AGENDA APPROVAL. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. 1. POLICY GOVERNANCE MONITORING REPORT - POLICY 3.3 FINANCIAL PLANNING. Policy 2.3 designates specific reporting requirements for the Town Administrator to provide information on policy compliance to the Board. Policy 3.3 is reported on each January. CONSENT AGENDA: 1. Bills. 2. Town Board Minutes dated January 12, 2021 and Town Board Study Session Minutes dated January 12, 2021. 3. Estes Park Planning Commission minutes dated November 17, 2020 (acknowledgment only). 4. Family Advisory Board Minutes dated October 1, 2020 (acknowledgment only). 5. Community and Family Advisory Board Minutes dated December 3, 2020 (acknowledgment only). 6. Revised Policy 306 Leave. 7. Acceptance of Town Administrator Policy Governance Monitoring Report. ACTION ITEMS: 1. COMMUNITY AND FAMILY ADVISORY BOARD (CFAB) 2021 FOCUS AREAS. CFAB Chair Dale Marshall. Present the proposed 2021 Community and Family Advisory Board Focus Areas for Town Board consideration. 2. RESOLUTION 08-21 PROFESSIONAL SERVICES CONTRACT WITH AYRES ASSOCIATES. Director Hunt. For planning consulting services for the 2021 calendar year not to exceed $115,000. 3. RESOLUTION 06-21 ALTERNATIVES FOR 2020 UNPAID PARKING CITATIONS. Manager Solesbee. Limited-time proposal to reduce fines on unpaid parking citations to incentivize payment in lieu of court appearance. Prepared 01-15-2021 *Revised 01-22-2021 Page 3 NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 4. RESOLUTION 07-21 SUPPLEMENTAL BUDGET APPROPRIATIONS #1 TO THE 2021 BUDGET. Director Hudson. Amend the budget to implement paid parking in 2021, budget for additional small business COVID relief, and budget for a Visit Estes Park (VEP) grant. 5. REVISED POLICY 601 PURCHASING POLICY - SPENDING AUTHORITY & LIMITS. Director Hudson. Update Policy 601 to revise spending authority and limits by position for new departments and divisions and other changes. 6. RESOLUTION 09-21 APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY FOR ADMINISTRATION OF THE LOCAL GOVERNMENT SMALL BUSINESS RELIEF PROGRAM. Assistant Town Administrator Damweber. Approve the Intergovernmental Agreement with Larimer County regarding administration of the Local Government Small Business Relief Program through Colorado Department of Local Affairs. 7. INTERVIEW COMMITTEE FOR THE LOCAL MARKETING DISTRICT BOARD. Town Clerk Williamson. ADJOURN. * Page 4 Town Administrator’s Office Memo To: Honorable Mayor Koenig Board of Trustees From: Town Administrator Machalek Date: January 26, 2021 RE: Policy Governance Monitoring Report – Policy 3.3 (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER: Policy QUASI-JUDICIAL YES NO Board Policy 2.3 designates specific reporting requirements for the Town Administrator to provide information on policy compliance to the Board. Reporting on Policy 3.3 – Financial Planning is required Quarterly (April, July, October, January). Policy 3.3 states: “With respect for strategic planning for projects, services and activities with a fiscal impact, the Town Administrator may not jeopardize either the operational or fiscal integrity of Town government.” This report constitutes my assurance that, as reasonable interpreted, these conditions have not occurred and further, that the data submitted below are accurate as of this date. Travis Machalek Town Administrator Page 5 Policy 3.3: With respect for strategic planning for projects, services and activities with a fiscal impact, the Town Administrator may not jeopardize either the operational or fiscal integrity of Town government. Accordingly, the Town Administrator shall not allow budgeting which: 3.3.1: Deviates from statutory requirements. Status: Compliance Interpretation: I interpret this to mean that our budgeting practices and policies comply with all requirements contained in the Colorado Revised Statutes that are applicable to statutory towns. Compliance with the policy will be achieved when: There are no deviations in our practices or policies from what is required by State Statute. Evidence: 1.The annual independent audit 2.Comprehensive Annual Financial Report 3.All policies are reviewed for legal compliance by the Town Attorney 4. No State-issued non-compliance notifications to the Town of Estes Park regarding our budgetary obligations under State Statute. Report: I report compliance. 3.3.2: Deviates materially from Board-stated priorities in its allocation among competing budgetary needs. Status: Compliance Interpretation: I interpret this to mean that the annual budget adopted by the Board of Trustees represents the officially adopted priorities of the Board. This includes any budget amendments approved by the Town Board throughout the year and any specific spending authorizations approved by the Town Board. I interpret “materially deviate” to mean any change in spending priority that results in a resource diversion away from any Board objective, goal, or outcome that is substantial enough to hinder the achievement of the objective, goal, or outcome. I do not interpret minor deviations resulting from changing circumstances, community demands, and/or unforeseen circumstances outside of the Town’s control as material deviations. Compliance with the policy will be achieved when: Budget spending does not materially deviate from the levels approved in the adopted budget. Evidence: Page 6 1.The 2021 adopted budget was prepared in conjunction with the Board’s strategic planning process. 2.Any substantial budget changes have been presented to the Board for review and approval as budget amendments. 3.HTE budget reports for each department are available on request. Report: I report compliance 3.3.3: Contains inadequate information to enable credible projection of revenues and expenses, separation of capital and operational items, cash flow and subsequent audit trails, and disclosure of planning assumptions. Status: Compliance Interpretation: I interpret this to mean that the Town Administrator’s recommended budget must be based on credible data and the best available information concerning the local economy and other factors that may impact the Town’s revenues and expenses. In addition, the budget is to be structured to separate capital expenditures from operational costs. All revenue projections will be based on the professional judgement of the Town’s Finance Director. Compliance with the policy will be achieved when: Revenue projections are clear and projected and actual revenues are within a 5-10% margin of error, barring any catastrophic events. Actual revenues are not less than projected, barring any catastrophic events. The budget presented to the Board for adoption is in a format that separates revenues, expenses, and capital expenditures. Critical assumptions used in preparing the budget are clearly articulated to the Board during budget review sessions. Evidence: 1.COVID-19 continues to create significant economic impacts that have altered our projected revenues. We will continue to track our revised 2020 projections and our initial 2021 projections as we move through this catastrophic and unprecedented event and update them as necessary. Projections may be outside of the 5-10% margin of error due to this crisis, but we will be conservative in our estimates in order to protect the Town’s financial position. 2.The 2021 adopted budget is presented in a format that separates revenues, expenditures, and capital. Page 7 3.Critical assumptions used in preparing the budget were discussed with the Board during budget review sessions as well as during budget amendment discussions. Report: I report compliance. Revenue projections will continue to be impacted by catastrophic events (COVID-19) and staff will continue to closely monitor projected and actual revenues and bring any necessary budgetary revisions to the Town Board in a timely manner. 3.3.4: Plans the expenditure in any fiscal year of more funds than are conservatively projected to be received in that period, or which are otherwise available. Status: Compliance Interpretation: I interpret this to mean that the proposed budget must be balanced. This includes expenditures for the year not exceeding the revenues received from all sources. Exceptions are Board-approved use of fund balances, and use of funds that have been accumulated over a period of time, with the approval of the Board, with the intent of saving funds to pay for a specific project or capital expense. Compliance with the policy will be achieved when: The proposed budget meets the above criteria, inclusive of any board approved spending of fund balance or specific reserve funds. Evidence: 1.The adopted and amended budget includes expenditures for the year exceeding revenues. This falls within the exception as Board-approved use of fund balance. Report: I report compliance. 3.3.5: Reduces fund balances or reserves in any fund to a level below that established by the Board of Town Trustees by adopted policy. Status: Compliance Interpretation: I interpret this to mean that the audited year-end unrestricted fund balance in the General Fund does not drop below 25% unless otherwise authorized by the Board. If the Board approves and adopts a budget that plans for reducing the fund balance below the 25% level, I interpret this as being authorized by the Board. Compliance with the policy will be achieved when: Page 8 The final CAFR shows a General-Fund fund balance of 25% or greater, unless otherwise approved by the Board. The proposed budget anticipates an end-of-year fund balance in the General Fund of 25% or greater, unless otherwise approved by the Board. Evidence: 1.The 2019 CAFR shows a 64% General-Fund fund balance at the end of 2019. 2.The adopted 2021 budget anticipates a 29.1% General-Fund fund balance at the end of 2021. Report: I report compliance. 3.3.6: Fails to maintain a Budget Contingency Plan capable of responding to significant shortfalls within the Town’s budget. Status: Compliance Interpretation: I interpret this to mean that I must prepare a budget that maintains a fund balance of 25% or more in the General Fund and adequate fund balances in all enterprise funds, including the required TABOR reserve and the current cash reserves as defined in Board Policy 670 – Cash and Investment Reserve and Contingency. Compliance with the policy will be achieved when: The final CAFR indicates a General-Fund fund balance of 25% or greater, unless otherwise authorized by the Board. The proposed budget anticipates an end-of-year fund balance in the General Fund of 25% or greater, unless otherwise authorized by the Board. The current cash reserves meet the criteria defined in Board Policy 670 – Cash and Investment Reserve and Contingency. Evidence: 1.The 2019 CAFR shows a 64% General-Fund fund balance at the end of 2019. 2.The adopted 2021 budget anticipates a 29.1% General-Fund fund balance at the end of 2021. 3.Current cash and investment reserves are reported to the Board on a monthly basis, as required by Board Policy 670. 4.The Town’s budget contingency plan is established in Policy 670 (Section 3.b). Page 9 Report: I report compliance. 3.3.7: Fails to provide for an annual audit. Status: Compliance Interpretation: I interpret this to mean that I must ensure that the Town completes an independent audit annually. Further, that audit report should result in an unqualified and unmodified opinion from the Board’s auditors. Compliance with the policy will be achieved when: The annual audit is complete and presented to the Town Board. Evidence: 1.The 2019 Audit has been completed and the Comprehensive Annual Financial Report (CAFR) prepared and submitted to the State of Colorado with an unqualified and unmodified opinion from the Board’s auditors. Report: I report compliance. 3.3.8: Fails to protect, within his or her ability to do so, the integrity of the current or future bond ratings of the Town. Status: Compliance Interpretation: I interpret this to mean that I cannot take any action that will negatively impact the Town’s bond rating. This includes maintaining adequate fund balances as required in 3.3.5 and maintaining adequate bond coverage ratios for all revenue bonds associated with the Town’s enterprise funds. Compliance with the policy will be achieved when: I am in compliance with 3.3.5. Required bond coverage ratios are met. Evidence: 1.The 2019 CAFR shows a 64% General-Fund fund balance at the end of 2019. 2.Our current (December 31, 2019) bond-coverage ratio for Power and Communications (1,542%) exceeds the required ratio of 125%. 3.Our current (December 31, 2019) bond-coverage ratio for Water (2,864%) exceeds the required ratio of 110%. 4.December 31, 2020 ratios will not be available until the year end process is completed in March or April, 2021. Report: I report compliance. Page 10 3.3.9: Results in new positions to staffing levels without specific approval of the Board of Town Trustees. The Town Administrator may approve positions funded by grants, which would not impose additional costs to the Town in addition to the grant funds and any temporary positions for which existing budgeted funds are allocated. Status: Compliance Interpretation: I interpret this to mean that I cannot allow any new positions or expansion of any part-time positions to be advertised or filled without prior Board approval. I may allow new positions or partial positions funded by grants or temporary positions for which existing budgeted funds are allocated without prior approval of the Board. I may also allow reductions in staffing without Board approval. Compliance with the policy will be achieved when: No new positions or expansion of any part-time positions are approved and/or hired without approval of the Board, with the exceptions noted above. Evidence: 1.All positions are indicated in the adopted and proposed budgets and no unapproved positions have been created. Report: I report compliance. Page 11 Page 12 Town of Estes Park, Larimer County, Colorado, January 12, 2021 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall and Virtually in said Town of Estes Park on the 12th day of January, 2021. Present: Wendy Koenig, Mayor Patrick Martchink, Mayor Pro Tem Trustees Carlie Bangs Marie Cenac Barbara MacAlpine Scott Webermeier Cindy Younglund Also Present: Travis Machalek, Town Administrator Jason Damweber, Assistant Town Administrator Dan Kramer, Town Attorney Jackie Williamson, Town Clerk Absent: None Mayor Koenig called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. AGENDA APPROVAL. It was moved and seconded (Webermeier/Cenac) to approve the Agenda with the removal of Action Item 3, and it passed unanimously. PUBLIC COMMENTS. Georgia LeBon/Town citizen thanked the Board for their consideration on providing relief to local business through the delay of business licenses and waiver of liquor license fees. She requested assistance in assuring Visit Estes Park meetings are published accurately and timely. Ron Keas/Town citizen stated a citizen group was formed to review the Hospital District’s reasons for closing the Prospect Park Living Center, the only skilled nursing facility within the Estes valley. The group has developed a financially viable budget that could break even with the facility housing 100% Medicare funded individuals. A third-party operation of the facility would require an initial cash flow projected at $750,000. The group stated the lack of a nursing home would deter individuals from making Estes Park their home. The group requested the Board provide a statement of support for their effort to continue to operate the facility originally approved by the voters. TRUSTEE COMMENTS. Trustee Bangs stated the Transportation Advisory Board discussed the Task Force efforts to continue addressing safe routes to schools starting with inventorying the current transportation infrastructure. Trustee Younglund commented the Community and Family Advisory Board (CFAB) met and received updates on the $1.2 million United Way fire funds distributed to those impacted by the 2020 fires; EVICS virtual art fundraiser to be held on February 5th for scholarships; and 84 English and 9 Spanish CFAB surveys received. The surveys have outlined significant areas of concerns include year-around public transportation, equitable wages, competitive wages, and housing and childcare availability. Trustee Webermeier attended the Visit Estes Park (Local Marketing District) meeting where the Board was provided an update on the CEO search, and the Board held officer elections with Gibson elected Chair and Jurgens as Vice Chair. The District suggested holding quarterly meetings with the Town Board and the County Commissioners to keep elected officials up to date on the activities of the District. DRAFTPage 13 Board of Trustees – January 12, 2021 – Page 2 Trustee Cenac stated VEP would hold its Board meetings on the 1st and 3rd Mondays of the month at 5:00 p.m. The Board stated interest in partnering with the Town for a snowmaking machine to enhance winter activities. Kyle Patterson/RMNP Public Affairs Officer provided an update stating visitor numbers were down with time entry during 2020, issue with visitors going past barricades established due to the Troublesome fire, and additional areas may need to be shut down to address safety issues. Trustee MacAlpine attended the COVID-19 vaccine forum sponsored by the Estes Chamber of Commerce. She stated she received her first COVID-19 vaccine and advocated for all citizens to get the vaccine once they are eligible. Mayor Pro Tem Martchink commented the next Economic Development Corporation meeting would be held January 14th. Mayor Koenig attended the Larimer County Waste Management meeting and would provide more information on the opening of the new facility at an upcoming meeting. She stated the Town Board would review the Sunshine Law at the next study session and review transparency. TOWN ADMINISTRATOR REPORT. Town Administrator Machalek provided an update on vaccinations stating the state and the county are working through Phase 1A vaccinations. The guidelines are set by the state, and therefore, the county does not have the ability to modify the phases. Phase 1B could begin as early as the end of January and includes any individual 70 and above. The state ranks sixth overall for vaccine distribution and has administered 53% of the vaccines issued to the state. Supply continues to be the main limitation on providing vaccines to those in the other phases. The Town has discussed utilizing Town facilities and public information channels to administer vaccinations as the supply increases. He provided the Board and the community an update on the current COVID numbers stating the overall hospitalization rate has stabilized, however, the case rate continues to increase. COVID-19 remains prevalent and a significant problem in the country. Larimer County’s numbers are the worst they have been since the pandemic began. A local contact tracing team has been established with the assistance of Kathy Oaks. Wastewater testing information has been made available through the Colorado Department of Public Health and Environment website. 1. CONSENT AGENDA: 1. Bills. 2. Special Town Board Minutes dated December 3, 2020 and Town Board Minutes dated December 8, 2020 and Town Board Study Session Minutes dated December 8, 2020. 3. Parks Advisory Board minutes dated November 19, 2020 (acknowledgement only). 4.Transportation Advisory Board minutes dated November 18, 2020 (acknowledgement only). 5. Resolution 01-21 Public Posting Area Designation. 6. Resolution 02-21 Correcting Clerical Errors in Resolution 71-20 – Establishing 2021 Parking Fees. 7. Resolution 03-21 Approving a Waiver and Release Agreement with the Colorado Economic Development Commission, City of Loveland, Town of Windsor, and Larimer County and the Northern Colorado Regional Tourism Authority. Trustee Younglund requested Consent Agenda Item 7 be removed and discussed as an action item. It was moved and seconded (Webermeier/Martchink) to approve the Consent Agenda Items 1 - 6, and it passed unanimously. DRAFTPage 14 Board of Trustees – January 12, 2021 – Page 3 Consent Agenda Item #7 - Resolution 03-21 Approving a Waiver and Release Agreement with the Colorado Economic Development Commission, City of Loveland, Town of Windsor, and Larimer County and the Northern Colorado Regional Tourism Authority. Attorney Kramer provided a summary of the agreement which would provide a one-year extension for substantial work on the projects approved for state funding in 2015 through the Regional Tourism Act to be completed, and extended financing terms from 30 years to 40 years. The agreement was required by the State to ensure the municipalities involved would not sue the State regarding the amendments. The Town has no financial obligation and was only the applicant for the Stanley Film Center project as required by the state. Funding for the project would not be available if the projects do not commence prior to the end of the year. It was moved and seconded (Younglund/Webermeier) to approve the Consent Agenda Item 7, and it passed unanimously. 2. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for Town Board Final Action. 1. ACTION ITEMS: A. ORDINANCE 01-21 AMENDING CHAPTERS 2, 3, 10 AND 13 OF THE ESTES PARK DEVELOPMENT CODE REGARDING MINOR ADJUSTMENTS AND SUBDIVISIONS. Mayor Koenig opened the public hearing. Planner Woeber stated the proposed amendments would allow Amended Plats, Boundary Line Adjustments and Land Consolidation Plats to be processed by staff as Minor Adjustments. The amendment would also increase the time for submitting a subdivision plat for recording from the current 60 days to 180 days. Trustee MacAlpine stated the Estes Park Planning Commission reviewed the proposed changes and addressed a number of concerns during their review and recommendation to the Town Board. Mayor Koenig closed the public hearing and it was moved and seconded (Webermeier/Martchink) to approve the Estes Park Development Code amendments as stated in Ordinance 01-21, including findings as identified in the Ordinance, and it passed unanimously. 3.ACTION ITEMS: 1. RESOLUTION 04-21 PROFESSIONAL SERVICES CONTRACT AMENDMENT TWO WITH SAFEBUILT COLORADO, LLC, FOR RENEWAL OF BUILDING SAFETY SERVICES CONTRACT, 2021. Director Hunt stated the amendment would exercise a renewal clause in the current contract with SafeBuilt to extend building safety services through 2021 with no changes to the existing contract. After further discussion, it was moved and seconded (Younglund/MacAlpine) to approve Resolution #04-21, and it passed unanimously. 2. APPOINT AUDIT FIRM FOR YEAR ENDED DECEMBER 31, 2020 WITH FOUR OPTIONAL ANNUAL RENEWALS. Director Hudson stated an audit services Request for Proposal was issued October 28, 2020 at the direction of the Audit Committee and four proposals were received by the due date. The proposals were reviewed by an evaluation team and ranked by their technical qualifications. The companies were invited to meet with the interview team consisting of Mayor Koenig and Trustee MacAlpine and staff members. After further review and reference checks the interview committee and staff unanimously recommended Haynie & Company. It was moved and seconded (Younglund/Webermeier) to award the financial audit engagement for the year ending December 31, 2020 with optional annual renewals for the next four years through 2024 to Haynie & Company, and it passed unanimously. 3. RESOLUTION 05-21 FOR CDOT INTERGOVERNMENTAL AGREEMENT FOR MULTIMODAL OPTIONS FUND AND TRANSPORTATION ALTERNATIVE PROGRAM FUNDS FOR FALL RIVER TRAIL. Agenda item removed during the approval of the agenda. DRAFTPage 15 Board of Trustees – January 12, 2021 – Page 4 4. REVISE POLICY 671 – TOWN FUNDING OF OUTSIDE ENTITIES. Assistant Town Administrator Damweber presented revisions to the current policy to address other taxing districts and organizations that exist for the purpose of providing financial support and/or fundraising for other taxing districts would not be eligible for Community Initiative funding. Discussion ensued among the Board and has been summarized: the proposed amendments would not preclude the Town from partnering with other taxing districts, and Trustee Webermeier commented the amendment would limits the flexibility of the Board on what funding may be appropriate in the future and the highest benefit for the community. It was moved and seconded (Cenac/MacAlpine) to approve the revisions to Policy 671 – Town Funding for Outside Entities, and it passed with Trustee Webermeier voting “No”. 5.2021 LINEWORKER PAYSCALE. Director Williamson noted the proposed Lineworker payscale would align with industry pay standards for Journey Lineworkers and provide an hourly rate rather than a pay range. The change would address the ongoing recruitment and retention issues the Town has experienced once an Apprentice Lineworker completes their training and receives their Lineworker credentials. Other Platte River Power Authority cities have made a similar adjustment or are considering a change to their pay practices. The new scale would move the Crew Supervisor to the management payscale because it would maintain a pay range and aligns with the supervisory requirements of positions within the pay family. It was moved and seconded (Cenac/Webermeier) to approve the modified Lineworker payscale for 2021 and the increase to each of the employees pay, and it passed unanimously. 6. ORDINANCE 02-21 TEMPORARILY EXTEND BUSINESS LICENSE RENEWAL DEADLINE TO JUNE 30, 2021 AND TO WAIVE CERTAIN LIQUOR LICENSE FEES UNTIL DECEMBER 8, 2021. Mayor Koenig opened the public hearing. Administrator Machalek stated in light of the impacts COVID-19 and measures enacted to slow the spread of the virus had on small businesses, staff recommended the Board consider delaying the 2021 business license deadline from January 31, 2021 to June 30, 2021 and waiving liquor license renewal fees for all licenses with the exception of Retail and Fermented Malt Beverage Off- Premise licenses from December 8, 2020 to December 8, 2021. Mayor Koenig closed the public hearing. It was moved and seconded (Webermeier/Younglund) to approve Ordinance 02-21, and it passed unanimously. MISCELLANEOUS DISCUSSION Mayor Koenig stated Mr. Keas requested the Town Board consider making a statement of support to maintain the Prospect Park Living Center. Discussion followed and has been summarized: Trustee Younglund would be supportive of assisting with identifying a company to run the Prospect Park Living Center; Trustee Webermeier stated the closure of the facility would be an extreme loss to the community. He questioned what standing the Board had in determining the ongoing operations of the center, and he would encourage the Hospital Board to maintain the center; Mayor Koenig stated the Board does not have oversight of the Hospital Board; and Trustees Bangs and Cenac stated they do not have enough information to provide a support letter. Mayor Koenig encouraged those Board members who wanted to state support to provide letters directly to the committee. Whereupon Mayor Koenig adjourned the meeting at 9:23 p.m. Wendy Koenig, Mayor Jackie Williamson, Town Clerk DRAFTPage 16 Town of Estes Park, Larimer County, Colorado January 12, 2021 Minutes of a Study Session meeting of the TOWN BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in the Board Room and Virtually in said Town of Estes Park on the 12th day of January, 2021. Board: Mayor Koenig, Mayor Pro Tem Martchink, Trustees Bangs, Cenac, MacAlpine, Webermeier, and Younglund Attending: Mayor Koenig, Mayor Pro Tem Martchink, Trustees Bangs, Cenac, Webermeier, and Younglund Also Attending: Town Administrator Machalek, Assistant Town Administrator Damweber, Town Attorney Kramer and Recording Secretary Disney Absent: Trustee MacAlpine Mayor Koenig called the meeting to order at 5:15 p.m. STORMWATER NEXT STEPS. Engineer Waters presented the next steps for the implementation of the Stormwater Master Plan. She highlighted previous efforts to establish a stormwater utility, examples of stormwater facilities in the community, and requested input from the Board on funding options for the utility including user assessments, impact fees, and sales tax revenue. The Board discussed developments on Highway 7 and their impacts on stormwater drainage, clarification on the community rating system, flood insurance discounts, current state of the drainage infrastructure, and the Town’s responsibility in maintaining culverts. After further discussion, it was determined a future study session would be held to highlight other communities’ response to stormwater, and to outline Town priorities and implementation of the plan. TRUSTEE & ADMINSTRATOR COMMENTS & QUESTIONS. Trustee Younglund and Cenac questioned if there was more support or outreach the Town could provide regarding Covid-19 vaccinations. FUTURE STUDY SESSION AGENDA ITEMS. Town Administrator Machalek requested and it was determined to schedule the Parking Enforcement Revisions discussion on February 9, 2021, the Street Improvement Program Annual Update on February 23, 2021; Current State of Childcare on March 9, 2021 and Seasonal Paid Parking Implementation Update on April 13, 2021. Mayor Koenig requested a discussion on the Town’s transparency efforts and a future training session on Board interactions with the press. There being no further business, Mayor Koenig adjourned the meeting at 6:22 p.m. Kimberly Disney, Recording Secretary DRAFTPage 17 Page 18 Town of Estes Park, Larimer County, Colorado, November 17, 2020 Minutes of a Regular meeting of the ESTES PARK PLANNING COMMISSION of the Town of Estes Park, Larimer County, Colorado. Meeting held VIRTUALLY in said Town of Estes Park on the 17 day of November 2020. Committee: Chair Matt Comstock, Vice Chair Matthew Heiser, Commissioners Joe Elkins, Howard Hanson, Steve Murphree. Attending: Chair Comstock, Vice Chair Heiser, Commissioners Elkins, Hanson, Director Randy Hunt, Senior Planner Jeff Woeber, Planner II Alex Bergeron, Recording Secretary Karin Swanlund, Town Attorney Dan Kramer, Town Board Liaison Barbara MacAlpine Absent: Commissioner Elkins, Commissioner Murphree Chair Comstock called the meeting to order at 1:30 p.m. AGENDA APPROVAL It was moved and seconded (Heiser/Hanson) to approve the agenda and the motion passed 3-0. PUBLIC COMMENT. None CONSENT AGENDA APPROVAL It was moved and seconded (Heiser/Hanson) to approve the consent agenda and the motion passed 3-0. CODE AMENDMENT, Amended Plat/Boundary Line Adjustment Process Senior Planner Woeber reviewed the staff report. Currently, the Estes Park Development Code (EPDC) defines an Amended Plat, Boundary Adjustment, or a Land Consolidation Plat as a Minor Subdivision, requiring Planning Commission review and Board approval. As typically there is little or no impact from these "Minor Adjustment" processes, they can appropriately be reviewed and processed by staff. The Code Amendment would also allow a more realistic time frame for receipt and recordation of Final Subdivision Plats from 60 days to 180 days. This Code Amendment was continued by the Estes Park Planning Commission (EPPC) from September 15 to November 17, 2020. A primary concern expressed by the EPPC was that there was no public notice or public input proposed for a Minor Adjustment. Staff now proposes adding a department policy where any Minor Adjustment application would involve public notice. Page 19 Estes Park Planning Commission – NOVEMBER 17, 2020 – Page 2 DISCUSSION: Chair Comstock and Vice-Chair Heiser suggested additional lines be added to Section 2.1 in the table to add that minor adjustments to be handled through staff review. Also, changing Section 12.1, referring appeals to the Planning Commission, not the Board of Adjustment. Director Hunt agreed with these propositions. Attorney Kramer stated that there might be a legal requirement written into Code and will look into it. Heiser noted that currently, when staff is the decision-making body for Development Plan reviews, appeals do go to the Planning Commission. Commissioner Hanson commented that adding the public notice alleviates concerns but possibly informing the Planning Commission of negative public input. Attorney Kramer discussed a call-out procedure, but that could delay things more than having an actual hearing, noting that this Amendment's purpose is to simplify things. Trustee MacAlpine expressed her satisfaction with the inclusion of public notice. It was moved and seconded (Hanson/Heiser) to recommend that the Estes Park Town Board of Trustees APPROVE the text amendment, adding a line to table 2.1, to the Estes Park Development Code as presented in Exhibit A as recommended by staff, as well as the Community Development Department policy regarding public notice for Minor adjustments, with findings as recommended by staff. The motion passed 3-0. DOWNTOWN BUILDING HEIGHT DISCUSSION: Director Hunt reviewed the study produced by consultants Ayres Associates. Noting that it is still a work in progress, he touched on three arguments for increased height: 1) economics per square foot of the built area goes down 2) mixed-use development and 3) cost factors related to the floodplain and public subsidies. This study also touches on workforce housing issues, using background information on land economics. Heiser asked for a floodplain evaluation due to it being so closely tied to downtown development. Town Engineer Jennifer Waters agreed to a January Study Session date for this review. Hanson raised the issue of downtown parking if the building height is increased for workforce housing. In answer to Heiser's question regarding misaligned boundaries in figure 4.6 of the downtown plan map, Hunt stated that a parcel by parcel alignment would be needed to make the map make sense. It was strongly recommended to find a way to make downtown upgrades economically feasible. Additional opportunity for public outreach and comment in 2021 was suggested. Page 20 Estes Park Planning Commission – NOVEMBER 17, 2020 – Page 3 CHANGE OF MEETING TIMES: Due to Commissioner Elkins being unavailable for meetings for the next few months, a change of meeting time was discussed. Staff recommended keeping the meeting time at 1:30 for continuity purposes. The commissioners agreed. OTHER: Floodplain, Loop, Transit and Downtown Parking reviews at the January study session. No meeting in December Planning Tech starting Monday, November 23 There being no further business, Chair Comstock adjourned the meeting at 3:10 p.m. Matt Comstock, Chair Karin Swanlund, Recording Secretary Page 21 Page 22 Town of Estes Park, Larimer County, Colorado, October 1, 2020 Minutes of a regular meeting of the Family Advisory Board of the Town of Estes Park, Larimer County, Colorado. Meeting held virtually on Google Meet, on the 1st day of October, 2020. Present: Laurie Dale Marshall Jodi Roman Michael Moon Nancy Almond Sue Strom Chris Douglas Also Present: Cindy Younglund, Town Board Liaison Jason Damweber, Assistant Town Administrator Absent: Rachel Balduzzi Christy DeLorme Guests: Claire Bouchard, United Way of Larimer County Chair Dale Marshall called the meeting to order at 3:31 p.m. PUBLIC COMMENTS: Claire Bouchard shared that Larimer County has distributed $300,000 in childcare scholarships, with EVICS being a local recipient. Chair Dale Marshall asked to go on record thanking Vice Chair Balduzzi for facilitating the September meeting in her absence. TRUSTEE LIAISON REPORT Trustee Younglund provided an update that the strategic planning work is continuing and the budget process is about to begin. APPROVAL OF SEPTEMBER MEETING MINUTES: It was moved and seconded (Moon/Almond) to approve the September meeting minutes and the motion passed unanimously. DISCUSS PRESENTATION OF RECOMMENDATIONS: Chair Dale Marshall opened the discussion by saying that she feels the proposed name change is an intentional representation of what the Family Advisory Board has been doing since they were created, and that the board addresses more issues than just childcare, Page 23 Family Advisory Board – October 1, 2020 – Page 2 which is the primary rationale for adapting and including the word “community” in the recommendation for the name of the board. This recommendation provides the opportunity to better define and understand the role of the Family Advisory Board and to develop structures and mechanisms to help guide the board. She restated Trustee Younglund’s comment at the last meeting about the Family Advisory Board acting as a hub for the community and Assistant Town Administrator Damweber’s supporting statement that the board should act as a conduit. Chair Dale Marshall will present the recommendations to the Estes Park Town Board on October 27 and she would love to have as much board member support as possible. Assistant Town Administrator Damweber will provide meeting information to the attending members prior to the meeting. Additionally, he added the Town Board is interested in making the terms for the Family Advisory Board members end on April 30 to be consistent with other advisory boards. STRATEGIES TO STRENGTHEN COMMUNICATION Chair Dale Marshall led the discussion to come up with an official way to communicate with the Trustees on a regular basis. The board agreed that it would be beneficial to add a “top 5” list at the end of each meeting to provide to the Trustees. If similar themes evolve each month, this list could be especially informative. Member Douglas asked if there was a preferred method of communication for the Trustees. Discussion took place on the benefits of sending an email, creating a separate document, or providing an update at the Town Board meetings. Assistant Town Administrator Damweber stressed the need for any communication to be simple and high level as the Trustees receive a large volume of email. Executive Assistant Simpson suggested that Trustee Younglund could use the list for her updates at the Town Board meeting. The board decided to add a standing agenda item at the end of each meeting for this purpose. NEXT ITEM There is a need for the Family Advisory Board to formalize its role as a liaison to various organizations, neighborhoods, entities, etc. in order to better gather information to inform recommendations to the Town Board. The board discussed the various segments of the community that may not be currently represented on the Family Advisory Board. Member Roman shared a story of a conversation she had with a member of the population who is a senior citizen and trying to start an elder care facility but ran into significant challenges with zoning. Member Roman advised this citizen to attend a Family Advisory Board meeting and share their experiences. The board decided that having outside representatives attend meetings each month to hear about issues of importance would be beneficial. Reminding guests of the role of the Family Advisory Board in making recommendations to the Town Board would help to manage expectations. The board decided that given the focus on elder care with the recent Prospect Place Living Center discussions, it would be helpful to have a representative from Estes Park Health, Good Samaritan Society, and possibly Elderhaus, attend the November meeting. Page 24 Family Advisory Board – October 1, 2020 – Page 3 The board continued discussing the best way to formalize these updates to become a recurring meeting agenda item, as well as how to formalize the updates from board members. Another standing item will be added at the beginning of the meeting for community connections, with a time-limited update of three minutes each. If speakers cannot attend, or if Family Advisory Board members have updates but cannot attend, written comments can be submitted. OTHER BUSINESS: Member Bryant shared that the Boys & Girls Club assisted the school district with remote learning and he is hoping they will continue to provide after school care once in person learning fully resumes. He also provided an overview of the school district’s plan and precautions/protocol for COVID. Seeing no further business, the meeting was adjourned at 4:57 p.m. NEXT MEETING The next regular meeting of the Family Advisory Board will take place Thursday, November 5 at 3:30 p.m. The format will be virtual through the Town’s Zoom account. Suzanna Simpson, Recording Secretary Page 25 Page 26 Town of Estes Park, Larimer County, Colorado, December 3, 2020 Minutes of a regular meeting of the Family Advisory Board of the Town of Estes Park, Larimer County, Colorado. Meeting held virtually on Google Meet, on the 3rd day of December, 2020. Present: Laurie Dale Marshall Jodi Roman Michael Moon Nancy Almond Sue Strom Chris Douglas Rachel Balduzzi Christy DeLorme John Bryant Also Present: Cindy Younglund, Town Board Liaison Jason Damweber, Assistant Town Administrator Suzanna Simpson, Executive Assistant Guests: Claire Bouchard, United Way of Larimer County Chair Dale Marshall called the meeting to order at 3:30 p.m. PUBLIC COMMENT: Claire Bouchard shared that United Way is working with Larimer County to distribute funds through the CARES Act funding. They will distribute $300,000 for the childcare fund in the next few weeks. More information on fire recovery efforts will be available soon – there is $1 million in this fund. Fundraising for the COVID fund began in March. So far they have distributed $1.2 million and have $50,000 left. Additionally, they are seeking community members for a community view committee. Interested individuals will receive a $25 per hour stipend for their time. Chair Dale Marshall added that the fire recovery fund will be available to individuals who were evacuated and have unmet needs as a result, not just those who suffered losses or structural damage from the fire. TRUSTEE LIAISON UPDATE: Trustee Younglund shared that the 2021 budget was approved and the Town Board approved the advisory board’s requested name change to the Community and Family Advisory Board. The Town Board has also made a request for the Community and Family Advisory Board to provide them with an update on childcare in the community. Member DeLorme asked what kind of data was needed. Trustee Younglund feels it should be Page 27 Family Advisory Board – December 3, 2020 – Page 2 focused on the of current challenges with COVID, such as how remote school is impacting childcare, how needs for school aged children as well as those under school-age are being met, and how the current environment is affecting parents. Assistant Town Administrator Damweber mentioned the question posed by Trustee Bangs about what the assumptions around the needs are, how they are being met, and how childcare operations have been impacted by the pandemic. There was also discussion about the follow up to the childcare assessment conducted in 2018. Chair Dale Marshall added that as the board makes this expansion to include community, there needs to be consideration of how to include groups such as the childcare collaborative. She suggests pulling together all of the childcare professionals in the area that have previously met to help pull data. Member Almond recommends connecting with Member Moon to review what was quoted from the consultant who conducted the assessment for a data refresh. She does not feel it is necessary, that data can be collected in the community. Assistant Town Administrator Damweber stated that he believed it would be important for the CFAB to respond to this request as, in part to demonstrate a continued emphasis on childcare. APPROVAL OF OCTOBER MEETING MINUTES: It was moved and seconded (Almond/Moon) to approve the October meeting minutes and the motion passed unanimously. REVIEW IMPLICATIONS OF CHANGE TO COMMUNITY AND FAMILY ADVISORY BOARD: Assistant Town Adminstrator Damweber opened the discussion stating that the Town Board accepted all of the recommendations that the advisory board worked on a few months ago, including the name change, the clause to be more inclusive of community and term expiration to line up with other boards. To demonstrate the impact of the work of the advisory board, this year’s Town budget included a higher level of funding for the community initiative line item than in 2019, another recommendation by the advisory board. He also shared that the board voted in support of the changes with the exception of the Mayor. She had expressed concern about the advisory board serving as a conduit for the community to the Town Board, which may discourage community members from going directly to the Trustees. He provided further context in a follow up conversation. Another positive item from the discussion was the recognition of the need for two-way communication between the Town Board and the Community and Family Advisory. The development of the focus areas for 2021 will be pivotal for the group and its new identity. The Town Board is interested in childcare and it is important for the advisory board to demonstrate that childcare is still at the top of the list of priorities. There was discussion on subgroups being a way that the advisory board members can Page 28 Family Advisory Board – December 3, 2020 – Page 3 work with other groups to consolidate efforts. Many members expressed concern about adding additional meetings, but balancing the need to have more robust discussions than what can occur at the once monthly board meeting. Chair Dale Marshall suggested that once the focus areas are identified, the subgroups are formed based on that need. Member Douglas added that they are almost through the hiring process for a new Assistant Director and that individual will be covering childcare in their duties, so they can help compile the data that the Town Board is requesting. Chair Dale Marshall asked her to bring a draft of what the report might look like to the January meeting. Member Douglas will work with Trustee Younglund on what would be worthwhile to report on and confirm the requested data points. FOCUS AREA DISCUSSION: Chair Dale Marshall led the discussion by stating that she feels the community listening session needs to happen prior to the January meeting and focus area discussion as it is important to hear from the community in order to represent the needs of the community. Member Strom stated that she feels the most important thing is not just representing the Community and Family Advisory Board in discussions with the broader community and other representative organizations, but clearly outlining the questions and being specific about what information you are trying to get to gauge the pulse of the community. Member Almond feels that board members can use these opportunities to explain the work of the advisory board and tie it to the community needs and identify things that the Town might be able to impact. Chair Dale Marshall added that this role is helpful to identify the themes in the community and take advantage of the charge to be a conduit. There was concern expressed over a lack of understanding of what the Town can or cannot do in terms of how to frame requests. Chair Dale Marshall added that recommendations are supposed to align with the Town’s strategic plan, which is one area that the board has struggled with in the past. Trustee Younglund added that the advisory board should feel comfortable making an ask or presenting an issue, and by not doing so, they make the decision for the Town Board on whether they can help or not. COMMUNITY LISTENING SESSION PLANNING: Chair Dale Marshall shared parameters of conducting a special meeting, depending on how many members are in attendance, and reiterated that she would like to have as many members attend as possible. She suggested using the same questions that were previously agreed upon that were used at events such as Pumpkins & Pilsners. Member Almond suggested that there be two sessions, one in English and one in Spanish. Member Roman suggested that for those who can’t attend, a survey could be sent. The advisory board discussed what might be the best format to collect data from the Page 29 Family Advisory Board – December 3, 2020 – Page 4 community considering the short turn around and the holidays. Some board members feel there is “Zoom fatigue” and participation in that medium might be minimal. Executive Assistant Simpson offered to create a survey, which can also be sent to Member Strom and Jose Almeida for translation. The board can analyze and discuss the data at the January meeting. Assistant Town Administrator Damweber confirmed that the focus areas have to be discussed at first meeting of the year and recommended the end of February as the latest to have them identified. Chair Dale Marshall asked Vice Chair Balduzzi and Member Roman to work with Executive Assistant Simpson to adapt the previously used questions to the new expanded charge. Executive Assistant Simpson will include the survey link in a press release also announcing the name change. SCHEDULING OF SECTOR PRESENTATIONS AT MEETINGS: Chair Dale Marshall suggests that February will be a good time to extend the first invitation to someone from another sector to speak to the advisory board. Member Roman will work with Quinn Brett, who will speak on accessibility issues in the community. She is no longer in contact with the individual who had concerns about starting an elder care facility, but will work on reconnecting with them. The advisory board can determine what sector to invite next at the February meeting. REVIEW OF MEMBERSHIP STATUS, ROLES, MEETING FORMAT: Chair Dale Marshall asked the group to be cognizant of when their terms end and consider their plans to continue on the board. Member Almond pointed out that the terms on the agenda need to be updated to reflect the recent change approved by the Town Board. Member Bryant inquired about recruitment status and Chair Dale Marshall feels this should be part of the focus area discussion. Member Moon stressed the importance of this with the expansion of the board’s mission. Seeing no further business, the meeting was adjourned at 5:13 p.m. NEXT MEETING The next regular meeting of the Family Advisory Board will take place Thursday, January 7, 2021. The format will be virtual through the Town’s Zoom account. Suzanna Simpson, Recording Secretary Page 30 HUMAN RESOURCES Memo To: Honorable Mayor Koenig Board of Trustees Through: From: Date: RE: Town Administrator Machalek Jackie Williamson, Town Clerk/HR Director January 26, 2021 Revised Policy 306 Leave PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER – Policy Revision QUASI-JUDICIAL YES NO Objective: To amend Policy 306 Leave to clarify the use of leave by an employee, payout of vacation leave, and minor edits to provide clarity and consistency. Present Situation: Payroll and Human Resources have recently answered numerous questions during the processing of the biweekly payroll on how accrued leave can be used by an employee. The current leave policy does not contain a section that outlines the purpose and use of accrued leave. The current policy also does not contain a method for accrued vacation to be paid out at any time other than at separation, even under extraordinary circumstances. Proposal: To revise Policy 306 Leave to provide a new section, Use of Leave, in order to outline clearly the intent of leave is to fill in hours an employee is away from the office during their normal work schedule. Accrued time is not to be used outside the employee’s work schedule to create overtime. A special provision has been added for sworn police personnel working a 24/7 work schedule and may be called to duty at any time, including when on leave. This provision outlines a sworn police officer will have their accrued leave adjusted if they are called in to work while on vacation, see example outlined in the proposed policy amendments. The proposed amendments provide the Town Administrator the authority to payout any portion of an employee’s vacation accruals due to an extraordinary circumstance other than at the time of separation. There have been circumstances when an employee’s vacation has been denied or the employee was unable to use accrued leave due to events out of the employee’s control. This has led to accrued vacation leave banks in excess of the carryover levels and forfeiture of leave at the employee’s anniversary Page 31 date. A partial payout of accrued leave could be authorized by the Town Administrator in these events. Of course, the Town Administrator may not pay out their own leave outside of the bounds of the contract between the Town and the Town Administrator. All other proposed changes are to provide additional clarity and consistency to the policy and do not change the intent or implementation of the policy. Advantages: To provide the employee clarity on how accrued leave may be used. To provide the Town Administrator authority to payout accrued vacation leave during extraordinary circumstances. Disadvantages: Payout of vacation leave may require an amendment to the budget. Action Recommended: Approve the revisions to Policy 306 Leave. Budget: Potential cost of vacation payout during any given year a payout is made. Level of Public Interest: Low Sample Motion: I approve/deny the amendments to Policy 306 Leave. Attachments: 1. Amended Policy 306 Leave with redlines. Page 32 Document Title Policy 306 - Leave 1/20/21 Revisions: 3 Town of Estes Park, Human Resources Page 1 of 16 Effective Period: Until superceded Review Schedule: Annually Effective Date: 08/11/2020 References: Governing Policies Manual 3.2, 3.8 HUMAN RESOURCES 306 Leave 1. PURPOSE The Town recognizes and respects its employees’ need for leave time away from work. Such leave time is important in allowing employees to renew their physical and mental capabilities and remain productive. To this end, the Town strives to create and maintain a balanced work schedule for its employees by promoting quality of life through leave time. 2. POLICY In accordance with state and federal laws, the Town provides leave time to eligible employees as set forth in the following procedure. Leave accountability is the responsibility of the employee and the supervisor. 3. PROCEDURE a. Reporting Absences and Tardiness i. Expectations Employees are expected to report to their place of work every day as scheduled, unless on approved leave. Time off of any kind must be taken in accordance with this policy and other applicable Town policies. ii. Absent or Tardy Notifications Employees who will be absent or late to work must notify their immediate supervisor (or the supervisor’s designee) as soon as they learn of the need to be absent or late. Failure to provide prompt notice of an absence or tardiness is an unapproved absence and may result in disciplinary action. iii. Process for Reporting Absences or Tardiness Unless otherwise directed in written departmental work rules, employees must notify their immediate supervisor no later than fifteen (15) minutes after the start of the employee’s work shift if they will be absent or late. When notifying the supervisor of the need to be absent or late, the employee must report: 1) The reason for the absence (or tardiness). 2) The date (or time) when the employee expects to return to work. ATTACHMENT 1 Page 33 Document Title Policy 306 - Leave 1/20/21 Revisions: 3 Town of Estes Park, Human Resources Page 2 of 16 iv. Exceptional Circumstances The Town recognizes that under exceptional circumstances, neither the employee nor someone on his or her behalf may reasonably be able to call within the time required. In such a case, the employee or representative must contact the employee’s supervisor as soon as possible after the beginning of the shift. If the supervisor, at his or her discretion, believes the employee had a compelling reason which prevented the employee from obtaining prior approval for the absence, or from calling in on time, the supervisor may approve pay for the period of absence or tardiness. b. Use of Leave 1. The intent of the leave types outlined in this policy are to provide employees with accrued and other leave to backfill any time away from work and complete their timecards with their normal work hours for the week,, and are not to be used outside of the employee’s normal work schedule in order to create overtime. 2. As the Police Department is required to be staffed on a 24/7/365 basis, Town-observed, sworn officers and dispatchers may be called in for duty when on leave and may not utilize both leave and work on the same day in excess hours of a normal work day. In this circumstance the employee’s leave time would be adjusted to account for the hours worked when called in by their supervisor. (i.e. if an employee were scheduled to take 10 hours of vacation leave and got called in to work for 5 hours, their vacation time would be adjusted to 5 hours) b.c. Vacation Leave i. Eligibility Vacation leave is accrued by all full-time, part-time employees and eligible contract employees. Vacation leave is pro-rated for part time employees (50% for 20-29 hour part-time employees, 75% for 30-39 hour part-time employees). ii. Amount of Hours Earned Vacation accrual begins upon initial date of hire and hours are earned for the first two pay periods of each month according to the schedule below. The date of initial hire does not change with changes in employment within the Town organization (i.e. promotions and transfers). However, if an employee leaves employment with the Town, the initial date of hire will change for the purposes of vacation accrual should the employee return to work for the Town. The amount of hours earned per pay period is pro-rated for eligible part-time employees. The maximum vacation leave carry over allowed is equal to double the amount of hours that can be earned in a year. An employee moves through the “Years of Service” brackets at the completion of the final year in the bracket. For example, an employee would move from the “0 through 3” bracket into the “4 through 7” bracket at the completion of the employee’s third year of service (end of month 3636 months). Page 34 Document Title Policy 306 - Leave 1/20/21 Revisions: 3 Town of Estes Park, Human Resources Page 3 of 16 Years of Service Hours Earned per Month Maximum Carry Over 0 through 3 8.00 192 Hours 4 through 7 10.00 240 Hours 8 through 15 12.00 288 Hours 16 or more 14.00 336 Hours iii. Amount of Hours Earned by At-Will Employees Years of Service Hours Earned per Month Maximum Carry Over 0 through 3 10.00 240 Hours 4 through 7 12.00 288 Hours 8 through 15 14.00 336 Hours 16 or more 16.00 384 Hours iv. Authorization of Vacation Leave 1) Vacation leave shall be requested in advance and is granted at the discretion of each employee’s supervisor. 2)Requests for vacation leave may be deferred based upon workload. Supervisors and Department Directors shall ensure that every effort is made for the employee to use vacation leave requests previously cancelled due to department work load. v. Forfeiting of Vacation Leave 1) On the employee’s anniversary date (date of hire), they will forfeit any accrued vacation leave exceeding the maximum carry over articulated in Section 3.b.ii and 3.b.iii of this policy. 2) An employee may request reinstatement of forfeited accrued vacation leave of up to 80 hours for up to one (1) year from their anniversary date at the discretion of the Town Administrator. The request must justify why the employee was unable to use forfeited accrued vacation leave. All requests must be submitted within 30 days from the date accrued vacation leave was forfeited. Reinstated hours shall not be subject to payout if the employee terminates employment prior to their next anniversary date. vi. Pay Out of Vacation Leave 1) At the sole discretion of the Town Administrator, The Town Administrator may approve the payout of an employee’s vacation leave prior to separation of employment may be approved. This is approved only in extraordinary circumstances at their sole discretioncircumstances. Such payment will be taxed at the supplemental earnings rate. vi.vii. Use of Vacation Leave Vacation leave shall be taken in no less than 30 minute incrementsone (1) hour increments. At no time may an employee have a negative vacation leave balance. Page 35 Document Title Policy 306 - Leave 1/20/21 Revisions: 3 Town of Estes Park, Human Resources Page 4 of 16 vii.viii. Separation of Employment Payout Upon separation of employment, an employee receives payment for all accrued vacation leave. The payment for accrued vacation will be based on the employee’s pay rate at the time of separation. This payment is taxed at the supplemental earnings rate c.d. Holiday Leave i. Eligibility Holiday leave is granted to all full-time, part-time employees and eligible contract employees. Holiday leave is pro-rated for part time employees (50% for 20-29 hour part-time employees, 75% for 30-39 hour part-time employees). ii. Holidays Observed Holiday leave is observed and granted for the following holidays: Nominal Date Holiday January 1st New Year’s Day January (Third Monday) Martin Luther King Day May (Last Monday) Memorial Day July 4th Independence Day September (First Monday) Labor Day November (Fourth Thursday) Thanksgiving Day December 24th Christmas Eve Day December 25th Christmas Holidays that occur on a Saturday will be observed on the preceding Friday, and those that occur on a Sunday will be observed on the following Monday. If an employee is not normally scheduled to work on the day that a Town-observed holiday lands (i.e. a Friday for an employee working a 4/10 schedule), then such employee shall receive one additional eight (8) hour floating holiday. If an employee is normally scheduled to work on the day that a Town-observed holiday lands, and does not work the holiday, such employee receives eight (8) hours of holiday pay. iii. Use of Holiday Leave Holiday leave granted by the Town shall be used in the following manner: 1) Holidays must be taken unless the employee is scheduled to work by the employee’s supervisor. 2) Holidays which occur during an employee’s absence due to vacation or sickness shall not be counted as vacation or sick leave. Page 36 Document Title Policy 306 - Leave 1/20/21 Revisions: 3 Town of Estes Park, Human Resources Page 5 of 16 3) Employees, other than Department Directors and Police Department personnel, who are required to work on a holiday will receive pay for the hours worked as well as holiday pay. iv. Use of Holiday Leave – Police Department As the Police Department is required to be staffed on a 24/7/365 basis, Town- observed holidays will be handled by the Police Department as described below: 1) Non-exempt patrol personnel and non-exempt dispatch personnel will receive eight (8) hours of straight holiday pay for every holiday, regardless of whether the day is worked or not. These hours will not count towards overtime. 2) Non-exempt police personnel on an administrative schedule will receive eight (8) hours of holiday pay for each Town-observed holiday. These hours will count towards overtime. v. Floating Holidays In addition to the Town-observed holidays above, employees are allotted four (4) floating holidays to be taken at their discretion, with supervisor approval. Floating holidays must be used during the year accrued or they will be forfeited on December 31st. Floating holidays are pro-rated for new employees. Floating holidays are pro-rated for part-time employees (50% for 20-29 hour part-time employees, 75% for 30-39 hour part-time employees). d.e. Sick Leave i. Eligibility Sick leave is accrued by all full-time, part-time employees and eligible contract employees. Sick leave is pro-rated for part time employees (50% for 20-29 hour part-time employees, 75% for 30-39 hour part-time employees). ii. Amount of Hours Accrued Sick leave will be accrued at the rate of four (4) hours for the first two bi-weekly pay periods of each month (pro-rated for eligible part-time employees). Sick leave accumulation is capped at 480 hours. When any employee accumulates more than 480 hours of sick leave, all excess sick leave will be converted to vacation leave (on a two-for-one basis) on that employee’s anniversary date. iii. Use of Sick Leave Sick leave shall be used in the following manner: 1) Sick leave may only be used for: a. A non-occupational personal illness that renders an employee unable to perform their job. b. Non-occupational, necessary medical, optical, and dental health examinations and treatments, including reasonable travel time, when Page 37 Document Title Policy 306 - Leave 1/20/21 Revisions: 3 Town of Estes Park, Human Resources Page 6 of 16 such appointments cannot be scheduled outside of regularly scheduled work hours. c. When an employee’s family member has a medical appointment or is ill and requires the care of the employee. For the purposes of this policy, “family member” is defined as an employee’s child, spouse, sibling, parent, grandparent, or grandchild, including natural, step, in-law, and foster relatives, regardless of whether or not said relative is living within the employee’s home. d. For a Family Medical Leave Act (FMLA) qualifying event as outlined in Policy 311. e. For a single day, weather-related closure of Town facilities as determined by the Town Administrator. 2) Sick leave may not be used during a scheduled vacation or compensatory time off. 3) Employees who are eligible for holiday time and who are on sick leave during a designated holiday must record holiday time for that day and not sick leave. An employee who is scheduled to work on a holiday and becomes sick must record holiday time only for the day. 4) During paid sick leave under the terms of this policy, all benefits will continue as though the employee were at work. 5) Sick leave shall be taken in no less than 30-minute increments. 6) At no time may an employee have a negative sick leave balance. 7) A Department Director may require an employee to take sick leave for any of the reasons specified in 306.3.d(iii)(1). 8) Employees are prohibited from using sick leave except under the circumstances described above. Employees who, in the Town’s judgment, misuse sick leave are subject to disciplinary action. When there appears to be a possibility that sick leave is being misused, the Department Director or supervisor may: a. Make further inquiry of the employee about past or ongoing use of the leave time. b. Require the employee to provide the type of information or submit to medical examinations as provided in the “Medical Certification” section of this policy (3.c.vi). Page 38 Document Title Policy 306 - Leave 1/20/21 Revisions: 3 Town of Estes Park, Human Resources Page 7 of 16 c. Require the employee to provide written medical verification or be seen by the Town’s designated physician in order to use any further sick leave. iv. Notice of Brief Absence (3 days or less) This portion of the leave policy applies to non-occupational absences for brief illnesses, injuries, and minor medical procedures where the employee reasonably expects to be absent three (3) days or less, even if the absence ends up being longer. 1) Employees who need to use sick leave for an unexpected, brief illness or injury must contact their supervisor within 15 minutes after the beginning of the shift each day of the absence, or within a time frame set by the employees’ Department Director. 2) Employees who need to be absent for a scheduled medical procedure or short-term treatment must notify their supervisor as soon as the need for the absence is scheduled with the health care provider. v. Notice of Prolonged Absence (More than 3 Days) or Intermittent Leave This portion of the leave policy applies to employees who need to be absent for non-occupational illnesses or medical procedures for more than three days, or who need to use sick leave intermittently. Employees seeking job protection under the Family and Medical Leave Act (FMLA) should refer to Policy 311. vi. Medical Certification 1) The Town reserves the right to require employees to substantiate and/or document their need for sick leave, whether it is based on their own physical condition or the condition of an immediate family member. 2) The Town reserves the right to evaluate requests for, and extensions of, sick leave by consulting with the physician of the employee, or with the Town’s own medical consultants, and retains the right to request that the employee seek a second opinion of the illness/disability from a physician of the Town’s choice. Employees who request sick leave, or who have used sick leave, may be required by their supervisor (in consultation with Human Resources) to provide written verification of the following from the physician or other health care provider treating the employee: a. Date on which the condition commenced; b. Nature and extent of illness or injury, but only as is necessary to determine the employee’s ability to perform job functions; c. Probable duration of illness or injury; d. Confirmation that the employee is unable to perform essential job functions; Page 39 Document Title Policy 306 - Leave 1/20/21 Revisions: 3 Town of Estes Park, Human Resources Page 8 of 16 e. Anticipated date on which the employee may return to work; and/or f.Release stating that the employee is able to return and perform his or her duties without endangering the health and safety of himself/herself or others, and describing restrictions on the employee’s work activities. 3) Any illness or injury of an employee or an employee’s immediate family member requiring an employee to miss more than three (3) regularly scheduled work days may, at the discretion of the Department Director, require a physician’s statement verifying the condition of the person under the physician’s care. 4) At the end of any sick leave, the Town may require a physician’s statement verifying the employee’s fitness to return to work. vii. Payment upon separation A terminating employee that has completed 20 years of continuous service shall be compensated for fifty percent (50%) of their accumulated sick leave hours. Said compensation will be computed at the employee’s rate of pay at time of termination. This payment is taxed at the supplemental earnings rate. e.f. Family and Medical Leave Act The Town of Estes Park complies with the Family and Medical Leave Act of 1993, as amended. The Town posts the mandatory FMLA Notice and, upon hire, provides all new employees with notices required by the United States Department of Labor (DOL) on Employee Rights and Responsibility under the Family and Medical Leave Act. For more details on the Town’s compliance with FMLA, please see Policy 311. f.g.Jury Duty and Witness Appearance Leave The Town recognizes jury duty as an important civic obligation. If called to report to jury duty or required to serve on a jury, an employee will be granted the necessary time required and will be compensated at his or her regular pay rate. i. Notification If an employee is served with a summons to jury duty, the employee must inform his or her supervisor by the next regular work day and provide a copy of their summons (in electronic format or otherwise). ii. Exempt Employee Compensation Exempt employees will receive their regular wages for regularly scheduled work hours for jury duty. iii. Non-Exempt Employee Compensation Non-exempt employees will receive their regular wages for regularly scheduled work hours during each of the first three days of jury duty served during regular Page 40 Document Title Policy 306 - Leave 1/20/21 Revisions: 3 Town of Estes Park, Human Resources Page 9 of 16 work hours. Thereafter, any pay they receive for jury duty is paid by the governmental entity requesting the employee to participate in the jury service. iv.Compensation Requirements The Town has no obligation to pay wages for time spent on jury duty until and unless the employee’s supervisor verifies on the Court website that the employee was on jury duty during that period. v. Return to Work Employees are expected to return to work on any day or portion of a day they are released from jury duty as reasonable. vi. Witness Appearance Leave 1) Exempt employees will be paid during time they are subpoenaed or otherwise required by law to appear as a witness in any personal matter that overlaps with scheduled work time up to a maximum of two working days in any 12-month period. To receive this pay, the employee must pay to the Town any witness pay received by the employee, excluding mileage reimbursement. Any further time that an employee is required to appear as a witness is unpaid by the Town unless the employee chooses to use accrued paid leave time. A matter is considered personal if, in the discretion of the supervisor, it is not directly related to the employee’s essential job functions. An employee’s appearance as a witness in non-personal matters is considered regular working time and will be compensated accordingly. 2) Non-exempt employees will be granted all necessary time off when required to appear as a witness in personal matters, but such time is unpaid by the Town unless the employee chooses to use accrued paid leave time. An employee’s appearance as a witness in non-personal matters is considered regular working time and will be compensated accordingly. g.h. Voting Leave i. Eligibility To qualify for voting leave, employees must: 1) Be a registered, eligible elector entitled to vote at an election. 2) Advise their manager of the leave of absence prior to the day of the election. 3) Have less than three (3) hours between the time the polls open and the time the polls close during which they are not required to be on the job for the Town. ii. Benefit Eligible employees shall be entitled to up to two hours off, with pay, for the purpose of voting on the day of the election during the time the polls are open. The Town may specify the hours during which the employee may be absent. Page 41 Document Title Policy 306 - Leave 1/20/21 Revisions: 3 Town of Estes Park, Human Resources Page 10 of 16 h.i. Workers’ Compensation The Town complies with all applicable federal and state laws pertaining to Workers’ Compensation. Employees who are injured on the job may be eligible for leave time and other benefits. Any employee who suffers an occupational injury must report the injury to Human Resources and follow the incident reporting policy. Questions about workers’ compensation should be directed to Human Resources. i.j. Military Leave i. Eligibility All Town employees, regardless of employment category, are eligible to take military leave for active duty or active or inactive duty training if they are members of the reserves or enlisted in any branch of the United States Armed Forces, or are members of the National Guard of any state in the United States. Employees must present official documentation of the military duty prior to the leave and upon returning from leave. ii. Length of Paid Military Leave 1) Employees are provided with paid leave for a maximum of 15 working days (120 hours for full-time employees, pro-rated for less than full-time employees) per calendar year for active duty or active or inactive duty training with the National Guard or any branch of the United States Armed Forces. If the intermittent schedule of a part-time employee makes it difficult to determine the number of hours the employee would have worked during the leave period for proration purposes, the number of hours the employee actually worked during the 21 calendar day immediately preceding the leave shall be used to calculate the maximum length of the paid military leave. 2) After exhausting the 15 days of paid military leave, an employee may choose to use accrued vacation time, compensatory time, accrued but unused holiday time, and/or take leave without pay for active duty or active or inactive duty training with the National Guard or any branch of the United States Armed Forces. If an employee chooses to use the above described accrued paid leave, such use must be at the rate of 40 hours per week (prorated for part-time employees based on their FTE) and can only be used during the initial portion of the leave. Once the leave becomes unpaid, and employee cannot begin using accrued paid leave. An employee may not use any other type of paid leave during military leave, including, but not limited to, sick leave or injury leave. iii. Continuation of Medical, Dental, and Vision Insurance 1) After the first 30 continuous calendar days of unpaid leave for active military service, the Town-sponsored medical, dental, and vision insurance for the employee and covered dependents will terminate. After coverage terminates, the employee may elect to continue coverage at his or her own expense, and will be provided with detailed notice of the right to continue coverage. Page 42 Document Title Policy 306 - Leave 1/20/21 Revisions: 3 Town of Estes Park, Human Resources Page 11 of 16 2) Employees who are reinstated after completing active duty or active or inactive duty training will be eligible for immediate coverage under any applicable medical insurance plans existing at the time without a waiting period. iv. Retirement Plans Employees who are participants in any Town-sponsored retirement plan will continue to accrue service credits during military leave, and such leave will not constitute a break in service, so long as the employee complies with requirements for reinstatement after completing active duty or active or inactive duty training. v. Life and Disability Insurance After the first 30 continuous calendar days of unpaid leave for active military service, coverage under the life and disability insurance plans sponsored by the Town will terminate. These plans may contain limitations on coverage for death and disabilities which occur during a declared or undeclared war. For more information about the policy provisions of these plans, contact Human Resources for a copy of the summary plan descriptions or policies. vi. Reinstatement When all of the following conditions for reinstatement are met, an employee will be reinstated to the same position they had at the time the military leave commenced, or to a position of like status and pay, provided that: 1) The cumulative period of military service was no longer than five years, unless a longer period is required by federal or state law. 2) The individual employee must return to work, or apply in writing, for reinstatement in a timely manner as defined by federal and state law. While these laws contain exceptions, which could extend the time an employee has to return to work, they generally define timely manner as follows: a. Military service time of less than 31 days: reporting for work the next regularly scheduled work day following safe travel time plus eight (8) hours. b. Military service time of more than 30 days but less than 181 days: submitting an application for reinstatement within 14 days after release from military service. c. Military service time of more than 180 days: submitting an application or reinstatement within 90 days after release from military service. 3) The employee must provide documentation from the National Guard or United States Armed Forces that he or she honorably completed military service or active or inactive duty training, such as discharge papers. Page 43 Document Title Policy 306 - Leave 1/20/21 Revisions: 3 Town of Estes Park, Human Resources Page 12 of 16 4) An employee has the same right to reinstatement as if he or she had been continuously employed during the leave period. For example, the employee is not eligible for reinstatement if the job for which he or she was hired was for a specific time period which expired, or for a project which was completed during the absence, or if the position has been eliminated. 5) The employee is qualified to perform the duties of the pre-service position. If the employee is no longer qualified to perform the job with reasonable accommodations, he or she will be re-employed in another existing job that he or she is capable of performing. j.k. Administrative Leave i. Imposition of Administrative Leave 1) All Town employees, regardless of employment category, may be placed on administrative leave at any time, with or without cause or notice, at the sole discretion of the Town Administrator. Placement on administrative leave is not disciplinary in nature. Circumstances under which such a leave may occur include, but are not limited to, the following: a. To make inquiries into or investigate a work-related matter; b. To remove the employee from the workplace pending a determination of job action; c. To protect the employee; d. To protect the public; e. To protect other employees or property in the workplace; or f. To further any other work-related or business-related purpose. 2) Unless it would harm an administrative or criminal investigation, and after consultation with Human Resources, the supervisor or manager shall place an employee on administrative leave as soon reasonably practical upon determination that such leave is appropriate under Section 306.j.ii of this policy. ii. Paid and Unpaid Administrative Leave 1) Administrative leave shall be with pay except under that following circumstances, in which case administrative leave may be without pay: a. The employee has been formally charged or indicted for a felony or misdemeanor and: i. The employee occupies a position of public trust and public visibility; or Page 44 Document Title Policy 306 - Leave 1/20/21 Revisions: 3 Town of Estes Park, Human Resources Page 13 of 16 ii. The felony or misdemeanor relates to the performance of the employee’s official duties b. The employee has been formally charged or indicted for a crime of theft, a sex offense, or an offense that involves minors. 2) Before an employee is placed on unpaid administrative leave, the employee must be provided with a pre-determination hearing pursuant to Policy 308 for the purpose of providing the employee with the opportunity to be heard and present information concerning whether or not there are reasonable grounds to support the placement on unpaid administrative leave. 3) During paid administrative leave, an employee will continue to receive their regular, straight-time wages and benefits based on their position’s designated FTE. An employee eligible for holiday time and on paid administrative leave during a designated holiday will receive holiday pay for that day in lieu of pay for administrative leave. iii. Employee Required to Remain Available An employee on paid or unpaid administrative leave must remain available during their regular working hours, and be available to return to work within one (1) day if requested to do so. This means that an employee on administrative leave may not consider the leave time as vacation or personal time. The employee must provide his or her supervisor with telephone numbers where he or she can be reached during regular working hours and must promptly return calls from the supervisor or Human Resources. In addition, the employee must obtain the prior permission of the supervisor and use accrued vacation time, compensatory time, or other leave time in order to be out of contact with his or her supervisor for longer than a single workday. iv. Employee Restrictions during Administrative Leave During administrative leave, an employee may not contact other employees or be at the work site unless directed to do so by their supervisor. k.l. Bereavement Leave i. Eligibility In the event of a death in an employee’s immediate family (defined in Section iii below), the Department Director may authorize paid leave of up to 40 hours for full-time employees to manage family affairs and attend the funeral. Part-time employees may be authorized paid leave at a prorated rate of 20 hours for an employee working on average 20 – 29 hours and 30 hours for an employee working on average 30 – 39 hours by their Department Director. ii. Requesting Bereavement Leave In order to request bereavement leave, an employee shall submit a written request to his or her Department Director, who shall approve, deny, or reduce of leave Page 45 Document Title Policy 306 - Leave 1/20/21 Revisions: 3 Town of Estes Park, Human Resources Page 14 of 16 requested by the employee. In authorizing any requests for bereavement leave, consideration shall be given to the distance to be travelled and personal demands placed on the employee. iii. Immediate Family For the purposes of bereavement leave, the Town defines “Immediate Family” to include a spouse, a child, a parent, a parent in-law, a sibling, a brother or sister in- law, a grandparent, a grandchild, a stepparent, a stepchild, a stepbrother, a stepsister, a legal guardian, or a person with whom the employee shares a household with in a personal relationship. l.m. Domestic Violence Leave The Town complies with C.R.S. 24-34-402.7 as it relates to leave for victims of domestic violence. An employee eligible for leave under C.R.S. 24-34-402.7 will receive up to three (3) working days of unpaid leave from work in any twelve-month period. m.n. Emergency Volunteer Service Leave The Town complies with C.R.S. 24-33.5-801 through C.R.S. 24-33.5-828 as it pertains to emergency volunteer service leave for employees. n.o. Volunteer Firefighter Leave The Town complies with C.R.S. 31-30-1131 as it pertains to the employment of volunteer firefighters. o.p. Volunteer Leave The purpose is to create community engagement opportunities for Town staff that support the Estes Valley. In addition, the Town recognizes that participating in volunteer projects and encouraging philanthropy will also enrich and inspire the lives of our employees and build strong work teams. Activities performed in the use of Volunteer Leave are considered personal in nature and not representative of the Town. i. Eligibility: Eight hours is granted to all full-time and part-time employees annually. Volunteer leave is pro-rated for part-time employees (50% for 20 - 29- hour part-time employees, 75% for 30 - 39-hour part-time employees). ii. Ineligibility: 1) Employees are ineligible if their employment terminates for any reason. 2) If the Volunteer leave program is discontinued for any reason, all leave previously granted and unused will become null and void. 3) The Town reserves the right to modify, amend, suspend or discontinue the program at any time without prior notice. 4) The Town reserves the right to revoke previous approval if it is determined the employee is misusing the program. iii. Leave Authorization: 1) Volunteer leave shall be requested in advance and is granted at the discretion of each employee’s supervisor. Page 46 Document Title Policy 306 - Leave 1/20/21 Revisions: 3 Town of Estes Park, Human Resources Page 15 of 16 2)Employees must receive the approval of their supervisor for the use of volunteer leave. It is the responsibility of the supervisor to ensure the leave approved is in compliance with the requirements of this policy. 2) Work demands shall take priority over the volunteer leave request. 3)Volunteer leave may be used individually or with other employees as a team volunteer activity. 4) Volunteer leave shall not be used in the computation of overtime and compensatory time. iv. Use of Volunteer Leave: 1) Volunteer leave must be used during the year accrued or it will be forfeited on December 31st. 2) Employees will be paid at their regular wage for volunteer leave hours. 3) Following the use of volunteer leave, the employee must enter the time into Paylocity using the Volunteer Leave code and insert a note regarding the project. 4) Examples of appropriate volunteer leave include but are not limited to: a. Working with an organization to clean up a road or trail. b. Performing restoration work in a natural area. c. Volunteering at a food bank. d. Participating in childhood mentoring or educational programs. 5) Examples of inappropriate volunteer leave include but are not limited to: a. Taking a ski vacation and charitably giving ski lessons. b. Attending your child’s PTA conference. c. Canvassing for a political campaign. d. Religious, professional, or political activities. e. Town events associated with an employee’s normal job duties per the Fair Labor Standards Act (FLSA). 6) Volunteer Leave may be used in one day or spread over the calendar year in one (1) hour increments, depending on the work needs of the employee’s department and supervisor approval. 7) Volunteer Leave shall be used for nonprofits and taxing districts within the Park R-3 School District boundary. The organization must serve the Estes Valley. 8) Situations not addressed in this policy would require the approval of the Town Administrator. p.q. Education Leave Eligible employees, when necessary, and upon approval of the Department Director, may be granted a maximum of four hours per week of paid educational leave to attend classes (see Policy 305.f for more information). For the purposes of this policy, Town- sponsored and/or mandatory training is not considered education leave. q.r. Leave without Pay i. Eligibility Any full-time, part-time employee and contract employee in good standing is eligible for leave without pay. Page 47 Document Title Policy 306 - Leave 1/20/21 Revisions: 3 Town of Estes Park, Human Resources Page 16 of 16 ii. Benefit When in the best interests of the Town and the employee, the Town Administrator may grant a leave without pay to any eligible employee for a period of up to three (3) months. Such leave shall not constitute a break in employment, and the employee shall return to his or her position at the expiration of the leave period. Temporary help may be obtained during the employee’s absence. iii. Interaction with other Benefits Annual and sick leave shall not accrue while the employee is on leave without pay. Failure to return to work at the expiration of a leave of absence shall be considered a resignation. If applicable, leave without pay may run concurrently with FMLA leave subject to required medical certification. The employee will be responsible for all insurance premiums, and must pay these in advance of leave. iv. Requesting Leave without Pay In order to request a leave without pay, an employee shall submit a written request to his or her Department Director. Requests for leave without pay will be considered in the following manner: 1) If the request is for two (2) days or less, and will not exceed the two (2) days per month limitation, the Department Director may approve, deny, or change the requested leave. 2) If the request is for three (3) or more days, or if the two (2) days per month limitation is to be exceeded, the Department Director shall forward this request to Human Resources and the Town Administrator along with a recommendation to approve, deny, or change the requested amount of leave. In this case, the Town Administrator makes the final determination on whether to approve, deny, or change the requested amount of leave without pay. Approved: _____________________________ Wendy Koenig, Mayor _____________ Date Page 48 TOWN ADMINISTRATOR’S OFFICE Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Laurie Dale Marshall, Chair, Community and Family Advisory Board Date: January 26, 2021 RE: Community and Family Advisory Board (CFAB) 2021 Focus Areas (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION X OTHER Motion QUASI-JUDICIAL YES X NO Objective: Present the proposed 2021 Community and Family Advisory Board Focus Areas. Present Situation: In accordance with the group’s bylaws, the CFAB identified Focus Areas for 2021 at its first meeting in the new year. The Focus Areas were informed by a community survey distributed by the Town on behalf of the CFAB in late 2020. Themes that emerged from the feedback received from the 93 respondents (84 in English and 9 in Spanish) were not surprising. In general, access to affordable, quality housing and childcare were listed as challenges faced by members of the community. Interest was also expressed in enhanced offerings associated with year-round public transportation and amenities for pedestrians and cyclists. Survey data is available online: English results (84 respondents): https://www.surveymonkey.com/results/SM- 9GFH7L757/ Spanish results (9 respondents): https://www.surveymonkey.com/results/SM- 7L727Y757/ Proposal: At its January 7, 2021 meeting, the CFAB unanimously voted to propose the following Focus Areas to the Town Board for approval: Advance and ensure awareness of, and equitable access to, existing community resources. Provide a current report of the childcare needs and gaps in the community. Advantages: Page 49 The Focus Areas provide direction from the Town Board to the CFAB. Disadvantages: None Action Recommended: Approval of the proposed 2021 Focus Areas. Finance/Resource Impact: No additional financial resources at this time. Level of Public Interest Medium Sample Motion: I move to approve the proposed 2021 CFAB Focus Areas. Attachments: None Page 50 To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Randy Hunt, Community Development Director Date: January 26, 2021 RE: Resolution 08-21 Professional Services Contract with Ayres Associates. (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Review and approve a Professional Services Contract with Ayres Associates Inc. for planning consulting services on behalf of the Town. The contract would be effective for all of CY 2021 and has a not-to-exceed cost of $125,000. Present Situation: Community Development staff have administered professional-services contracts for on- demand planning consulting services for at least the past seven years. “On-demand” in this context refers to the contractual ability for our staff to request the consultants perform specific planning services, billable to the Town at hourly rates set in the contract(s). A typical on- demand task would be reviewing and providing analysis and a staff report on a specific development project - usually these are projects that do not require extensive in-person services, such as presenting to Planning Commission. Other assignments involve longer-range planning projects; for example, our consultants recently completed an examination of the economic ramifications of increased downtown building height, presented to Planning Commission in November. Ayres Associates, via their Fort Collins office, has fulfilled this role for Planning division since the beginning of 2018. Ayres Associates were retained following a competitive request-for- qualifications (RFQ) process. Staff have been very satisfied with their performance during this time, and we have renewed their contract each calendar year. MEMO COMMUNITY DEVELOPMENT Page 51 Proposal: The current proposal is to approve (renew) the contract with Ayres Associates for CY 2021. The term is for one year: Jan. 1, 2021 through Dec. 31, 2021. The not-to-exceed amount is $125,000 for the year, with actual payments based on monthly invoicing at hourly rates, per Attachment 4 (Estes Park Ayres Compensation 2021.) These provisions are the same or similar to those in past years, except the not-to-exceed amount, which is discussed below. Until this contract, the not-to-exceed amount has been in the $75,000 range. The current proposed amount has been increased to $115,000. This is proposed as a result of the approved 2021 Budget provisions to increase the Planning Division’s consulting budget by $40,000 over FY 2020, as a partial offset for the freeze on filling the vacant Planner I position. Once the Town budget stabilizes and a Planner I can be brought on board, and assuming no additional on-call consulting needs arise, future contracts likely would revert to an approx. $75K-$80K level. I would also note that the contract is billable only when services are rendered, so actual expenditures would not necessarily reach the full contract amount. For the past three annual cycles, staff has reviewed, approved, and executed the annual contract with Ayres Associates. However, under Policy 601 (Spending Authority & Limits), expenditures over $100,000 are to be reviewed and approved by Town Board and signed by the Mayor. Hence, the agenda item is before you this year. Assuming the above scenario comes to pass before 2022 with a Planner I having been hired and the contractual services reduced, planning consulting contracts like this one will likely drop below the $100K threshold. In any case, staff will indicate in the annual budget process when we propose to utilize consulting services, and approximately how much the anticipated cost will be. Although the approving authority is different this year, staff would view an approval as essentially a renewal of the annual contract for the past three years. Consulting duties would be increased, but the type of services would not change. In addition to the text language of the Contract (Attachment 2), the following exhibits are also attached and are incorporated in the full Contract: the original Town Request for proposals (RFP) from Feb. 13, 2018 (Attachment 3); the Ayres Associates Proposal in response to the RFP (including general scope of services/project understanding), March 2, 2018 (Attachment 4); and the Ayres Associates current Certificate of Insurance (Attachment 5.) Advantages: Allows additional flexibility in staffing for development review and long-range planning Continues a longstanding professional collaboration between the Town and a competent consulting firm Disadvantages: None identified at this time. Action Recommended: Staff recommends approval of the contract as drafted. Page 52 Finance/Resource Impact: Not to exceed $115,000 during FY 2021. Level of Public Interest Low. Sample Motions: 1. I move to approve Resolution 08-21. 2. I move to deny Resolution 08-21, finding that … [state findings for denial]. 3. I move to continue to [date certain] Town Board meeting Resolution 08-21. [state reasons for continuance]. Attachments: 1.Resolution 08-21 2.Contract for Professional Services Between the Town of Estes Park and Ayres Associates Inc. 3.Town of Estes Park Community Development Department Request for Qualifications: Planning Consultant: February 13, 2018 4.Estes Park Planning Ayres Associates Proposal: March 2, 2018 5.Certificate of Liability Insurance, exp. 6/30/2021 Page 53 RESOLUTION 08-21 APPROVING A PROFESSIONAL SERVICES CONTRACT WITH AYRES ASSOCIATES FOR PLANNING CONSULTING SERVICES WHEREAS, the Town Board desires to restate and extend the professional services contract referenced in the title of this resolution for the purpose of continuity of planning consulting services. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves, and authorizes the Mayor to sign, the professional services contract referenced in the title of this resolution in substantially the form now before the Board. DATED this day of , 2021. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 Page 54 TOWN OF ESTES PARK, COLORADO PROFESSIONAL SERVICES CONTRACT Contract for Professional Services between the Town of Estes Park and Ayres Associates Inc. The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and Ayres Associates Inc (Consultant), a licensed Colorado corporation, whose address is 3665 JFK Pkwy., Bldg. 2, Ste. 100, Fort Collins, CO 80525-3152, make this Contract this 1st day of January, 2021, at the Town of Estes Park, Colorado, considering the following facts and circumstances: 1 RECITALS: 1.1 Town desires to use the services of Consultant outlined in Consultant's Proposal; and; 1.2 Consultant has agreed to provide the Services outlined in its Proposal, on the terms and conditions stated in this Contract. 2 CONTRACT: This Agreement is a Contract, representing the entire and integrated agreement between the parties and supersedes any prior negotiations, written or oral representations and agreements. The Agreement incorporates the following Contract Documents. In resolving inconsistencies between two or more of the Contract Documents, they shall take precedence in the order enumerated, with the first listed Contract Document having highest precedence. The Contract Documents, except for amendments executed after execution of this Contract, are: 2.1 Change Orders; 2.2 Notice to Proceed; 2.3 This Contract; 2.4 The following Addenda, if any: Number Date Pages Not applicable 2.5 The following Special Conditions of the Contract, if any: Document Title Pages Exhibit A “C-Compensation- 2021” 1 2.6 Notice of Award 2.7 Request for Qualifications, containing three (3) pages, dated February 13, 2018 ATTACHMENT 2 Page 55 Professional Services Contract -- Page 2 of 13 2.8 Consultant's Proposal, entitled “Response to Request for Qualifications for Planning Services,” containing fourteen (14) pages, dated March 2, 2018 (“Consultant’s Proposal”). 2.9 Insurance Certificates 3 SCOPE OF SERVICES: Consultant shall provide and furnish at its own cost and expense all materials, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to provide its Services in strict accordance with the conditions and prices stated in the Contract Documents. 3.1 The Consultant shall perform tasks as mutually agreed upon within the scope of services set forth in the Consultant’s Proposal (“Response to Request for Qualifications for Planning Services”), incorporated herein by reference (“Services”). The Town reserves the right to remove any of the Services upon written notice to Contractor. In the event of any conflict between this Contract and the Consultant’s Proposal, the provisions of this Contract shall prevail. 3.2 No material change to the Services, including any additional compensation, shall be effective or paid unless authorized by written amendment to this Contract executed by the Town. If Consultant proceeds without such written authorization, then Consultant shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent, employee, or representative of the Town is authorized to modify any term of this Agreement, either directly or implied by a course of action. 4 BEGINNING WORK AND COMPLETION SCHEDULE: The Consultant shall begin services under this Contract upon receiving Town’s notice to proceed. Consultant shall timely perform its Services, according to the Performance Schedule attached to and incorporated into this Contract or as otherwise directed by Town. 5 PRICE: The Town will pay Consultant for the performance of this Contract. This is a time and materials contract with an established maximum payment not to exceed $ 115,000. Hourly rates and incidental expenses are to be based on the Fee Schedule for Services attached to this Agreement in Exhibit A (“C-Compensation - 2021”). This Contract does not create a multiple fiscal year direct or indirect debt or other financial obligation. Each request for service shall incur a concurrent debt for that request only. All financial obligations of the Town under this Contract are contingent upon appropriation, budgeting, and availability of specific funds to discharge such obligations. 6 TIME OF PAYMENTS TO CONSULTANT: The Consultant shall bill its charges to the Town periodically, but no more frequently than once a month. Each bill shall contain a statement of the time the primary employees spent on the Project since the previous bill, a brief description of the Services provided by each such employee, and an itemization of direct expenses. The Town will pay each such bill which it finds to be in accordance with this Contract within forty-five days of its receipt. If Town questions any part of a bill, finds any part of a bill does not conform to this Contract, or claims the right to withhold payment Page 56 Professional Services Contract -- Page 3 of 13 of any part of a bill, it will promptly notify Consultant of the question, nonconformity or reasons for withholding. 7 QUALIFICATIONS ON OBLIGATIONS TO PAY: No partial payment shall be final acceptance or approval of that part of the Services paid for, or shall relieve Consultant of any of its obligations under this Contract. Notwithstanding any other terms of this Contract, Town may withhold any payment (whether a progress payment or final payment) to Consultant under the following conditions: 7.1 Consultant fails to promptly pay all bills for labor, material, or services of consultants furnished or performed by others to perform Services. 7.2 Consultant is in default of any of its obligations under this Contract or any of the Contract Documents. 7.3 Any part of such payment is attributable to Services not conforming to this Contract. (Town will pay for any part attributable to conforming Services). 7.4 Town, in its good faith judgment, determines that the compensation remaining unpaid will not be sufficient to complete the Services according to this Contract. 8 CONSULTANT'S DUTIES: 8.1 Town enters into this Contract relying on Consultant’s special and unique abilities to perform the Services. Consultant accepts the relationship of trust and confidence established between it and the Town by this Contract. Consultant will use its best efforts, skill, judgment, and abilities. Consultant will further the interests of Town according to Town’s requirements and procedures, according to high professional standards. 8.2 Consultant has and will undertake no obligations, commitments, or impediments of any kind that will limit or prevent its performance of the Services, loyally, according to the Town's best interests. In case of any conflict between interests of Town and any other entity, Consultant shall fully and immediately disclose the issue to Town and, without Town's express approval, shall take no action contrary to Town's interests. 8.3 Consultant’s Services under this Contract shall be of at least the standard and quality prevailing among recognized professionals of expert knowledge and skill engaged in the Consultant's same profession under the same or similar circumstances. 8.4 Consultant's work, including drawings and other tangible work products provided to Town, will be accurate and free from any material errors, and will conform to the requirements of this Contract. Town approval of defective drawings or other work shall not diminish or release Consultant's duties, since Town ultimately relies upon Consultant's skill and knowledge. 8.5 The Contract Documents determine whether the Consultant's Scope of Services includes detailed independent verification of data prepared or supplied by Town. Page 57 Professional Services Contract -- Page 4 of 13 Consultant will, nevertheless, call to Town's attention anything in any drawings, plans, sketches, instructions, information, requirements, procedures, or other data supplied to Consultant (by the Town or any other party) that Consultant knows, or reasonably should know, is unsuitable, improper, or inaccurate for Consultant's purposes. 8.6 Consultant shall attend such meetings on the work stated in this Contract, as Town requires. Town will give reasonable notice of any such meetings, so Consultant may attend. Town will pay for any meeting time exceeding Consultant’s total estimate of included hours, according to Consultant’s fee schedule attached to Consultant’s proposal. 8.7 As applicable state and federal laws may require, Consultant will assign only persons duly licensed and registered to do work under this Contract. 8.8 Consultant shall furnish efficient business administration and superintendence and perform the Services in the most efficient and economical manner consistent with the best interests of Town. 8.9 Consultant shall keep its books and records for Services and any reimbursable expenses according to recognized accounting principles and practices, consistently applied. Consultant shall make them available for the Town's inspection at all reasonable times. Consultant shall keep such books and records for at least three (3) years after completion of the Services. 9 TOWN'S DUTIES: 9.1 Town will provide full information to the Consultant on the Town's requirements in a timely manner. 9.2 Town will assist the Consultant by providing such pertinent information available to Town, including maps, studies, reports, tests, surveys and other data, as Consultant specifically requests. 9.3 Town will examine all tests, reports, drawings, specifications, maps, plans and other documents presented by the Consultant to Town for decisions. Town will obtain the advice of other consultants, as the Town thinks appropriate. Town will give decisions to the Consultant in writing within a reasonable time. 9.4 Town will appoint a person to act as Town's representative on this Agreement. This person will have authority to issue instruction, receive information, interpret and define the Town's policies and decisions on the Consultant’s Services. 9.5 Town will give prompt written notice to the Consultant when the Town notices any development that affects the scope or timing of the Services. 10 USE OF FINAL PRODUCT: Consultant may have limited involvement after the completion of this Agreement and lacks control of the future use of Consultant's work. Except for Page 58 Professional Services Contract -- Page 5 of 13 deficiencies in Consultant’s performance under this Agreement, future use and interpretation of Consultant’s work is at the risk of Town or other users. 10.1 The Consultant will keep record copies of all work product items delivered to the Town. 11 OWNERSHIP OF DOCUMENTS AND OTHER MATERIALS: All drawings, specifications, computations, sketches, test data, survey results, renderings, models, and other materials peculiar to the Services of Consultant or Consultant’s subconsultants under this Contract are property of Town, for its exclusive use and re-use at any time without further compensation and without any restrictions. Consultant shall treat all such material and information as confidential, and Consultant shall neither use any such material or information or copies on other work nor disclose such material or information to any other party without Town's prior written approval. Upon completion of Services, or at such other time as the Town requires, Consultant shall deliver to the Town a complete, reproducible set of all such materials. For copyright ownership under the Federal Copyright Act, Consultant conveys to Town and waives all rights, title and interest to all such materials in written, electronic or other form, prepared under this Contract. Town shall have worldwide reprint and reproduction rights in all forms and in all media, free of any claims by the Consultant or its subconsultants and subcontractors. The Town's rights, granted above, in drawing details, designs and specifications that are Consultant's standard documents for similar projects, and in Consultant’s databases, computer software and other intellectual property developed, used or modified in performing Services under this Contract are not exclusive, but joint rights, freely exercisable by either the Town or the Consultant. All design documents, including drawings, specifications, and computer software prepared by Consultant according to this Contract comprise Consultant's design for a specific Project. Neither party intends or represents them as suitable for reuse, by Town or others, as designs for extension of that same Project or for any other project. Any such reuse without prior written verification or adaptation by Consultant for the specific purpose intended will be at user's sole risk and without liability or legal exposure to Consultant. Except as required for performance under this Contract, Consultant's verification or adaptation of design documents will entitle Consultant to additional compensation at such rates as the Consultant may agree. 12 CHANGE ORDERS: Town reserves the right to order work changes in the nature of additions, deletions, or modifications, without invalidating this agreement, and agrees to make corresponding adjustments in the contract price and time for completion. All changes will be authorized by a written change order signed by Town. Work shall be changed, and the contract price and completion time shall be modified only as set out in the written change order. Town shall issue no Change Order or other form of order or directive requiring additional compensable work that will cause the Price to exceed the amount approved. 13 SERVICE OF NOTICES: The parties may give each other required notices in person or by first class mail or by email to their authorized representatives (or their successors) at the addresses listed below: Page 59 Professional Services Contract -- Page 6 of 13 TOWN OF ESTES PARK: Randy Hunt Comm. Dev. Director Town of Estes Park 170 MacGregor Ave. Estes Park, CO 80517 CONSULTANT: Matt Ashby Urban Planner Ayres Associates 3665 JFK Pkwy., Bldg. 2, Ste. 100 Fort Collins, CO 80525-3152 14 COMPLIANCE WITH LAW: Consultant will perform this Contract in strict compliance with applicable federal, state, and municipal laws, rules, statutes, charter provisions, ordinances, and regulations (including sections of the Occupational Safety and Health Administration [OSHA] regulations, latest revised edition, providing for job safety and health protection for workers) and all orders and decrees of bodies or tribunals applicable to work under this Contract. Consultant shall protect and indemnify Town against any claim or liability arising from or based on the violations of any such law, ordinance, regulation, order, or decrees by itself or by its subcontractors, agents, or employees. Town assumes no duty to insure that Consultant follows the safety regulations issued by OSHA. 15 PERMITS AND LICENSES: The Consultant shall secure all permits and licenses, pay all charges, files, and taxes and give all notices necessary and incidental to the lawful prosecution of its Services. Anyone conducting business in the Town of Estes Park is required a business license which can be obtained from the Town Clerk’s Office. 16 PATENTED DEVICES, MATERIALS AND PROCESSES: The Consultant shall hold and save harmless the Town from all claims for infringement, by reason of fee use of any patented design, device, material, process, or trademark or copyright and shall indemnify the Town for any costs, expenses, and damages, including court costs and attorney fees, incurred by reason of actual or alleged infringement during the prosecution or after completion of Services. 17 INSURANCE: Consultant shall, at its own costs, secure and continuously maintain through the term of this Contract the minimum insurance coverages listed below, with forms and insurers acceptable to Town. In addition, Consultant shall maintain such coverages for the insurance listed in Paragraphs 17.1, 17.3 and 17.4 for two additional years. For any claims- made policy, Consultant shall include the necessary retroactive dates and extended reporting periods to maintain continuous coverage. 17.1 Professional Liability for at least $1,000,000. 17.2 Workers' Compensation according to the Workers' Compensation Act of the State of Colorado and Employer's Liability with limits of at least $500,000. Contractor shall require any subcontractor hired by the Contractor to carry Workers’ Compensation and Employer’s Liability coverage. 17.3 General liability, including contractual liability, of at least $1,000,000 per each occurrence plus an additional amount adequate to pay related attorney's fees and defense cost. Coverage shall include bodily injury, property damage, personal injury, and contractual liability. Page 60 Professional Services Contract -- Page 7 of 13 17.4 Comprehensive Automobile Liability with minimum limits for bodily injury and property damage coverage of at least $1,000,000 per each occurrence plus an additional amount adequate to pay related attorneys' fees and defense costs, for each of Consultant's owned, hired or non-owned vehicles assigned to or used in performance of this Contract. 17.5 Valuable Papers insurance in an amount adequate to assure the restoration of any plans, drawings, field notes, or other similar data related to the services covered by this Contract in case of their loss or destruction. 17.6 The required general liability and comprehensive automobile liability policies shall contain endorsements to include Town and its officers and employees as additional insureds. The required professional liability and workers’ compensation policies or coverages shall not contain endorsements including the Town, its officers or employees as additional insureds. Every policy required above shall be primary insurance. Any insurance or self-insurance benefits carried by Town, its officers, or its employees, shall be in excess and not contributory to that provided by Consultant. 17.7 Consultant shall, upon request, provide Town a certified copy of each required policy. 17.8 As evidence of the insurance coverages required by this Contract, before beginning work under this Contract, Consultant shall furnish certificates of insurance certifying that at least the minimum coverages required here are in effect and specifying the liability coverages (except for professional liability) are written on an occurrence form to: Town of Estes Park 170 MacGregor Avenue PO Box 1200 Estes Park, CO 80517 Attention: Community Development Director With the exception of professional liability and workers’ compensation, policy or policies providing insurance as required will defend and include the Town, its Board, officers, agents and employees as additional insureds on a primary basis for work performed under or incidental to this Contract. Required insurance policies shall be with companies qualified to do business in Colorado with a general policyholder’s financial rating acceptable to the Town. The policies shall not be cancelable or subject to reduction in coverage limits or other modification except after thirty days prior written notice to the Town. General liability and automobile policies shall be for the mutual and joint benefit and protection of the Consultant and the Town. These policies shall provide that the Town, although named as an additional insured, shall nevertheless be entitled to recover under said policies for any loss occasioned to it, its officers, employees, and agents by reason of acts or omissions of the Consultant, its officers, employees, agents, sub-consultants, or business invitees. They shall be written as primary policies not contributing to and not in excess of coverage the Town may carry. Page 61 Professional Services Contract -- Page 8 of 13 17.9 If Consultant is self-insured under the laws of the State of Colorado, Consultant shall provide appropriate declarations and evidence of coverage. 17.10 Consultant shall not cancel, change, or fail to renew required insurance coverages. Consultant shall notify Town's designated person responsible for risk management of any reduction or exhaustion of aggregate limits, which Town may deem to be a breach of this Contract. 17.11 The Town relies on, and does not waive or intend to waive, by any provision of this Contract, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, § 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to the parties, their officers, or their employees. 17.12 If any insurance required here is to be issued or renewed on a claims-made form as opposed to the occurrence form, the retroactive date for coverage will be no later than the commencement date of the project and will state that in the event of cancellation or nonrenewal, the discovery period for insurance claims (tail coverage) will be at least 72 months. 17.13 Consultant shall not cancel, non-renew or cause insurance to be materially changed or replaced by another policy without prior approval by Town. 18 INDEMNIFICATION: 18.1 Consultant and its agents, principals, officers, partners, employees, and subcontractors ("Indemnitors") shall and do agree to indemnify, protect, and hold harmless the Town, its officers, employees, and agents ("Indemnitees") from all claims, damages, losses, liens, causes of actions, suits, judgments, and expenses (including attorneys’ fees), of any nature, kind, or description ("Liabilities") by any third party arising out of, caused by, or resulting from any Services under this Contract if such Liabilities are: (1) attributable to bodily injury, personal injury, sickness, disease, or death of any person, or to the injury or destruction of any tangible property (including resulting loss of use or consequential damages) and (2) caused, in whole or in part, by any error, omission or negligent act of the Consultant, anyone directly or indirectly employed by it, or anyone for whose acts Consultant may be liable. 18.2 If more than one Indemnitor is liable for any error, omission or negligent act covered by this Agreement, each such Indemnitor shall be jointly and severally liable to the Indemnitees for indemnification and the Indemnitors may settle ultimate responsibility among themselves for the loss and expense of any such indemnification by separate proceedings and without jeopardy to any Indemnitee. This Agreement shall not eliminate or reduce any other right to indemnification or other remedy the Town, or any of the Indemnitees may have by law. Page 62 Professional Services Contract -- Page 9 of 13 18.3 As part of this indemnity obligation, the Consultant shall compensate the Town for any time the Town Attorney's Office and other counsel to the Town reasonably spend on such claims or actions at the rates generally prevailing among private practitioners in the Town of Estes Park for similar services. This obligation to indemnify the Town shall survive the termination or expiration of this Agreement. 19 INDEPENDENT CONTRACTOR: Consultant shall perform all Services under this Agreement as an independent contractor, and not as an agent or employee of Town. No employee or official of Town shall supervise Consultant. Consultant shall exercise no supervision over any employee or official of Town. Consultant shall not represent that it is an employee or agent of the Town in any capacity. Consultant’s officers, employees and agents are not entitled to Workers' Compensation benefits and Consultant is obligated to pay federal and state income tax on money earned under this Agreement. Except as this Agreement expressly states, Consultant shall, at its sole expense, supply all buildings, equipment and materials, machinery, tools, superintendence, personnel, insurance and other accessories and Services necessary. This Agreement is not exclusive; subject the terms of this Agreement, Town and Consultant may each contract with other parties. 20 PROVISIONS CONSTRUED AS TO FAIR MEANING: Any tribunal enforcing this Agreement shall construe its terms as to their fair meaning, and not for or against any party based upon any attribution to either party. 21 HEADINGS FOR CONVENIENCE: All headings, captions and titles are for convenience and reference only and of no meaning in the interpretation or effect of this Contract. 22 NO THIRD-PARTY BENEFICIARIES: The parties intend no third-party beneficiaries under this Contract. Any person besides Town or Consultant receiving services or benefits under this Agreement is an incidental beneficiary only. 23 TOWN’S RIGHT TO BAR PERSONNEL FROM WORK SITE: For conduct the Town (in its sole discretion) decides may violate applicable laws, ordinances rules or regulations, or may expose Town to liability or loss, Town may bar any person (including Consultant's and subconsultants’ and subcontractors’ employees) from the Town's work sites. Such a bar shall not require any employee's discharge from employment, but shall merely prohibit the employee's presence at Town’s work sites. Such a bar shall not warrant an increase in contract time or Price. 24 WAIVER: No waiver of any breach or default under this Agreement shall waive any other or later breach or default. 25 TERM: This Contract shall commence on January 1, 2021 and shall continue through December 31, 2021 with the option of three (3) additional renewals, on an annual basis, upon agreement of both parties. 26 TERMINATION: 26.1 In addition to any other available remedies, either party may terminate this Contract if the other party fails to cure a specified default within seven (7) days of receiving Page 63 Professional Services Contract -- Page 10 of 13 written notice of the default. The notice shall specify each such material breach, in reasonable detail. 26.2 Town may, at any time, terminate performance of the work, in whole or in part, for its own convenience. The Town may effect such termination by giving Consultant written Notice of Termination specifying the extent and effective date of termination. In case of termination, for convenience, Town shall pay Consultant for work satisfactorily completed, to the date of termination. The Town shall determine the portion of work completed. 26.3 If either party so terminates, the Consultant shall promptly deliver to the Town all drawings, computer programs, computer input and output, analysis, plans, photographic images, tests, maps, surveys and writer’s materials of any kind generated in the performance of its Services under this Contract up to and including the date of termination. 27 SUSPENSION: Without terminating or breaching this Contract, the Town may, at its pleasure, suspend fee services of the Consultant hereunder. Town may effect suspension by giving the Consultant written notice one (1) day in advance of the suspension date. Upon receipt of such notices the Consultant shall cease their work as efficiently as possible, to keep total charges to a minimum. The Town must specifically authorize any work performed during suspension. Since suspension and subsequent reactivation may inconvenience the Consultant, Town will endeavor to provide advance notice and minimize its use. After a suspension has been in effect for thirty days, the Consultant may terminate this Contract at will. 28 ASSIGNMENT AND DELEGATION: Except as stated, neither party may assign its rights or delegate its duties under this Contract without the express written approval of the other. 29 SUBCONTRACTING: Except subconsultant clearly identified and accepted in the Contractor's Proposal, Consultant may employ subconsultants to perform the Services only with Town's express prior written approval. Consultant is solely responsible for any compensation, insurance, and all clerical detail involved in employment of subconsultants. 30 GOVERNING LAW AND VENUE: The laws of the State of Colorado shall govern enforcement and interpretation of this Contract. Venue and jurisdiction for any court action filed regarding this agreement shall be only in Larimer County, Colorado. 31 AUTHORITY: This instrument forms a contract only when executed in writing by duly authorized representatives of Town and Consultant. By their signatures on this document, the signatories represent that they have actual authority to enter this Contract for the respective parties. 32 INTEGRATION: There are no other agreements on the same subject than expressly stated or incorporated in this Contract. 33 UNLAWFUL EMPLOYEES, CONTRACTORS AND SUBCONTRACTORS: Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor shall not knowingly contract with a subcontractor that (a) knowingly Page 64 Professional Services Contract -- Page 11 of 13 employs or contracts with an illegal alien to perform work under this Contract or (b) fails to certify to the Contractor that the subcontractor will not knowingly employ or contract with an illegal alien to perform work under this Contract. 34 VERIFICATION REGARDING ILLEGAL ALIENS: Contractor has confirmed the employment eligibility of all employees newly hired for employment to perform work under this Contract through participation in either the E-verify program administered jointly by the United States Department of Homeland Security and the Social Security Administration or the employment verification program of the Colorado Department of Labor & Employment. 35 LIMITATION REGARDING E-VERIFY PROGRAM: Contractor shall not use either E- verify or Colorado Department of Labor & Employment program procedures to undertake pre-employment screening of job applicants while performing this Contract. 36 DUTY TO TERMINATE A SUBCONTRACT; EXCEPTIONS: If Contractor obtains actual knowledge that a subcontractor performing work under this Contract knowingly employs or contracts with an illegal alien, the Contractor shall, unless the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien: (a) notify the subcontractor and the Town within three (3) days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (b)terminate the subcontract with the subcontractor if, within three days of receiving notice that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien, the subcontractor does not stop employing or contracting with the illegal alien. 37 DUTY TO COMPLY WITH STATE INVESTIGATION: Contractor shall comply with any reasonable request of the Colorado Department of Labor and Employment made in the course of an investigation pursuant to C.R.S. 8-17.5-102 (5). 38 DAMAGES FOR BREACH OF CONTRACT: In addition to any other legal or equitable remedy the Town may be entitled to for a breach of this Contract, if the Town terminates this Contract, in whole or in part, due to Contractor’s breach of any provision of this Contract, Contractor shall be liable for actual and consequential damages to the Town. (Signature pages to follow.) Page 65 Professional Services Contract -- Page 12 of 13 CONSULTANT Title: Vice President – Development Services Date STATE OF ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me by , (Name of party signing) as of (Title of party signing) (Name of corporation) a corporation, on behalf of the corporation, this (State of incorporation) day of , 2021. Witness my hand and official Seal. My Commission expires . Notary Public Page 66 Professional Services Contract -- Page 13 of 13 TOWN OF ESTES PARK: By: Wendy Koenig Date Title: Mayor STATE OF ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me by ` , as of the Town of Estes Park, a Colorado municipal corporation, on behalf of the corporation, this day of , 2021. Witness my hand and official Seal. My Commission expires . Notary Public APPROVED AS TO FORM: Town Attorney Page 67 Planning Services Town of Estes Park C.-Compensation-202ͳ Ayres Associates is comfortable working as on-call staff as demonstrated by other similar arrangements we currently have in place. To help facilitate cost-efficient delivery of services, we’ve assigned three primary planners to assist in work for Estes Park. Additionally, should the need arise for engineering services, we can also provide more technical assistance at a moment’s notice. Staff Fee Schedule: Urban Planner – $165/hour Planner – $108/hour Landscape Architect/Engineer – $100-$175/hour Administrative – $75/hour Expenses: We understand that team members may be called upon to present at study sessions, meetings, and hearings before the Planning Commission, Board of Trustees, and Board of Commissioners. Our team will be billing out of our Fort Collins office. Mileage will be charged at the current federal rate (currently $.57/mile) and lodging/ incidentals only with prior approval from the client for extended meetings or events stretching late into the night. Typical mileage charge at the current rate would total approximately $65.00 per trip. To help increase efficiency, our offices are equipped with video-conferencing equipment that can be used to streamline our interaction with the Estes Park staff. We appreciate that hourly work requires efficiency to complete the job in a timely manner. Having worked under this type of arrangement, we are sticklers for completing tasks quickly while delivering exceptional quality. -Exhibit A Page 68 RFQ, PLANNING CONSULTANT PAGE 1 OF 3 TOWN OF ESTES PARK COMMUNITY DEVELOPMENT DEPARTMENT REQUEST FOR QUALIFICATIONS PLANNING CONSULTANT FEBRUARY 13, 2018 Introduction The Town of Estes Park (Town) is seeking Requests for Qualifications (RFQs) to retain the services of a planning consultant or consulting firm (consultant). The consultant will provide a range of land use and planning services to the Town, primarily for the processing and review of various zoning, subdivision and code amendment applications and proposals. Community Overview The Town of Estes Park is located 70 miles northwest of Denver, at the eastern entrance to Rocky Mountain National Park. It is accessible from the east by U.S. Highways 34 and 36, and Colorado Highway 7. The Estes Valley is an enclosed mountain valley. The Estes Valley is a mountain resort community, with an economy that is largely dependent on tourism. The Community Development Department’s 32± square-mile jurisdiction, defined as the Estes Valley Development Code boundary, includes the Town of Estes Park as well as areas within unincorporated Larimer County, under unified Code regulations. Estes Park is a Statutory Town, governed by a Mayor and Board of Trustees. The Community Development Department Director reports to the Town Administrator. The Department is staffed by 10 people (when fully staffed). Services Requested Basic services for the purpose of this RFQ shall include planning services generally performed within the field of municipal and resort community planning, including but not limited to the following: 1.Review of land use applications including research, evaluation of code compliance, findings of fact, and preparing memos and staff reports. 2.Attendance and presentations to the Planning Commission, Town Board of Trustees, and Larimer Board of County Commissioners, upon advance request. This may involve day and night study sessions, meetings and hearings. 3.Research and special studies. ATTACHMENT 3 Page 69 RFQ, PLANNING CONSULTANT PAGE 2 OF 3 4.Drafting of correspondence and ordinances. 5.Participation in meetings and discussions with developers, applicants, residents, and staff as requested. Participation may be in-person, or electronic (e.g. conference call), depending on need. Selection Criteria The Town of Estes Park will select and award a contract/agreement to the consultant that is evaluated to be the best qualified to perform the work outlined under “Services Requested,” above, and based on the consultant’s resources, costs, communication skills, compatibility, quality and extent of planning experience. Other factors may also be considered. Selection Criteria include: •Planning consultant experience, including depth, variety, and length of experience. •Qualifications of consultant. Education, quality of work, background, type, and years of experience. •Clearly stating in the written RFQ an understanding of the potential work to be performed. •Availability and compensation of the consultant. RFQ Submittal All responses, questions, comments and correspondence should be directed to Jeffrey Woeber. In the interest of fairness to all respondents, do not contact other staff, elected officials, etc. One electronic, and two paper copies of the RFQ shall be submitted to: Jeffrey Woeber, Senior Planner Town of Estes Park Department of Community Development 170 MacGregor Ave. PO Box 1200 Estes Park, CO 80517 jwoeber@estes.org RFQ Content The following material is required to be received by the Town of Estes Park by 5:00 p.m. on March 2, 2018, for a consultant to be considered: 1.Cover letter, with consultant’s name, address, telephone, and email. The letter will briefly state the consultant’s understanding of the work to be performed, and a statement of why the consultant believes he or she is the best qualified to perform the services requested. The letter must address availability and priority of the consultant. 2.Technical qualifications, including summary of areas of expertise, and services the consultant is capable of providing, along with technological expertise, computer skills and knowledge of office software and GIS, etc. 3.A résumé with an overview of the professional experience and qualifications of the consultant, along with an overview of relevant past experience of the consultant. Page 70 RFQ, PLANNING CONSULTANT PAGE 3 OF 3 4.References, with a list of at least three clients for whom the consultant has performed similar services, with an explanation of those services. Provide contact information for each reference. 5.Compensation, fee schedule. An hourly rate/fee structure, along with charges for incidental services and any other costs the consultant would charge the Town. 6.Type and amount of malpractice/liability insurance the consultant carries. The consultant selected shall provide documentation of the insurance. Affirmative Action The Town of Estes Park requires affirmative action and, therefore, the consultant selected shall not discriminate under the contract against any person in accordance with state, federal and local regulations. Contract The Town of Estes Park reserves the right to negotiate the final terms and conditions of the contract/agreement to be executed. Should the Town and a consultant be unable to mutually agree upon the entire contract, the Town reserves the right to discontinue negotiations, select another consultant, or reject all RFQs. A contract for one calendar year, with the potential for annual renewal is expected. Each party may terminate the contract with a 90-day notice. The Town’s budget and fiscal year are January 1 through December 31. Timeline RFQs must be received no later than March 2, 2018. Town staff will review the RFQs and notify selected consultants of the interview schedule no later than March 9, 2018. Interviews will be conducted March 14 – 16, 2018. A decision will be made on March 19, 2018, at which time contract negotiations will begin, with the contract to begin by March 26, 2018. Page 71 3665 JFK Parkway, Building 2, Suite 100 Fort Collins, CO 80525-3152 970.223.5556 www.AyresAssociates.com Response to Request for Qualifications for Planning Services March 2, 2018 | Town of Estes Park ATTACHMENT 4 Page 72 February 28, 2018 Jeffrey Woeber, Senior Planner Town of Estes Park Department of Community Development 170 MacGregor Ave. PO Box 1200 Estes Park, CO 80517 Re: Land Use and Planning Services Dear Mr. Woeber and Selection Committee members: Ayres Associates is enthused to have the opportunity to respond to your Request for Qualifications for a planning consultant to assist your team as you shape the future of one of the Rocky Mountain region’s most renowned towns. The atmosphere and resort environment present challenges to planning and managing growth, and we look forward to providing you with flexible assistance that’s ready at a moment’s notice. The benefits of extending your team by contracting with a consultant can provide you with great flexibility and access to expertise that can supplement your staff’s skills. Our team of planners and engineers brings a wealth of experience to ensure that you’ll be ready to address any challenges that arise in the coming years. Ayres Associates’ team brings three key resources to the Estes Park Planning Staff – we’re seasoned, we’re deep, and we’re broad. Based off our research into the planning environment in the valley, we have a sense that you’ll need a consultant who understands how to work in the arena of local, small-town politics. Our planners have all experienced the ins and outs of local government and can provide you with professionals that appreciate the value of relationships. We’ve helped facilitate strategic planning with a focus on building relationships between different community organizations. Understanding diverse stakeholder motivations, our seasoned team knows that finding solutions is more important than identifying problems. We’re ready to bring our expertise to the table to help streamline your delivery of services while casting a positive reflection on the department we represent. Our depth of experience means you’ll be able to tap into planning knowledge that’s often tough to find in one firm. We understand that working in a small community means that “other duties as assigned” can crop up every day. Having cut our teeth in small cities and rural bergs, we’ve performed nearly every planning function from subdivision review to code enforcement and know what it’s like to be in the trenches of town hall. We’ve written and implemented comprehensive plans and development codes, with projects currently evolving in several communities. This active depth means that we can bring fresh perspectives to Estes Park, offering a wealth of expertise to the Department. We also bring understanding of the private sector, having worked with developers to achieve entitlements and manage complex redevelopment projects. Our experience serving as staff for the Windsor Downtown Development Authority demonstrates the Ayres team’s ability to integrate into an organization and provide seamless results. We’re successful when the people we serve don’t recognize that we’re not actually Town employees. Our role in Windsor is broad, from welcoming people to monthly “What’s Brewing Downtown” sessions to defending funding agreements before Town Council. We’re comfortable doing what’s needed to help make our relationship with the Town of Estes Park successful. Ultimately, you’re looking for an on-call consultant because your time and resources are maxed out. The last thing you need is to hire on someone that needs extensive hand-holding and management oversight. The Ayres team has the professional experience and leadership capabilities to jump into your system with minimal 3665 JFK Parkway, Building 2, Suite 100 ● Fort Collins, CO 80525-3152 970.223.5556 ● www.AyresAssociates.comPage 73 2Planning Services Town of Estes Park oversight needed. Our goal is to consistently deliver quality results so that you can focus on the business of growing a great community. With a team of three planners, we have the capacity to accept directives and complete them on short notice for the Town. This depth allows us to tailor our services to the complexity of your needs in meeting both your timeline and budget constraints. Matt Ashby will provide primary oversight of the work and is available to lead more complex projects, while Logan Ward and Barbara Kloth will serve to produce outstanding deliverables. Our diverse experience can help bridge the gap between the public and private sectors as we focus on helping you live up to your core values and provide service that reflects the Department’s Customer Bill of Rights. Although this response provides a glimpse into our experience and credentials, making good hiring decisions relies on a good personality fit. We look forward to meeting with you in person to share how we can complement your team in working with the people of Estes Park! Sincerely, Ayres Associates Inc Matt Ashby, AICP CUD Urban Planner Office: 970.797.3595 Cell: 307.286.5825 AshbyM@AyresAssociates.com Page 74 3Planning Services Town of Estes Park Technical Qualifications Project Understanding Ayres Associates is ready to join the planning team in Estes Park to provide a variety of services to help extend the depth and breadth of your staff capacity. Full-time employees are necessary to provide long- term consistency and direction to a community. However, staffing a diverse team of specialists who provide a deep knowledge based on broad topics can be cost prohibitive for a small community. We anticipate our team can help you: 1) Manage fluctuations in daily workload in a cost- and time-effective manner. Responding to the ups and downs of project volume with full time staff can be costly. Contracting can provide a way to pay additional staff only when utilized. The Ayres team can help provide you with a relief valve when workload is high, without burdening your budgets when times are slow. We can help serve as case managers for development projects to enable increased efficiency to satisfy your customers and elected officials. 2) Provide expert services, close at hand, when technical proficiency is needed. Our team can provide you with extensive experience in a wide spectrum of planning- related services ranging from long-range planning activities to economic development and engineering. Establishing a relationship with a firm like Ayres gives you instantaneous access to a pool of professionals who can help you tackle issues as they arise. We can help with long range plans, code amendments, topical research reports, and even training for appointed boards. Technical Qualifications & References The following pages offer a sampling of similar projects completed by our team. These projects highlight our technical qualifications within the context of our experiences. Based on our knowledge of the Town, we have selected several recent projects that illustrate our capabilities. The description provides an overview of the services we provided, but be sure to read the “Lessons Learned” section where we describe insights that translate directly to the anticipated work in Estes Park. We invite you to contact the references listed for firsthand accounts of our work. Windsor Downtown Development Client: Windsor Downtown Development Authority Reference: Patti Garcia, 970.674.2404 Ayres Associates was retained to provide contract staffing services to the Town of Windsor’s Downtown Development Authority (DDA). Services include directing the organization while pursuing strategic initiatives including assistance with tax increment financing, structuring project incentive packages, façade improvement grant administration, budgeting, and public relations. Key development projects include revitalization of the Windsor Mill and creating development strategies and incentives for available vacant parcels. Windsor’s DDA has joined the Colorado Main Street Program, and Ayres staff are assisting with managing program requirements and grant management for this effort. Specific tasks have included developing a strategic plan for the organization and project implementation with an Page 75 4Planning Services Town of Estes Park eye toward maximizing tax increment financing revenues for the district. Lessons Learned: The Windsor contract has helped us develop an appreciation and understanding of how to work with a community in an on-call relationship. We’ve worked to streamline our services to respond efficiently to requests and provide a heads-up to staff when a project might take a significant amount of time relative to the benefits derived. Cheyenne West Edge Project Client: City of Cheyenne Reference: Tom Mason, 307.627.6299 Ayres Associates helped the City of Cheyenne land a $1 million EPA Brownfield Grant to launch a neighborhood revitalization plan for this industrial mixed-use neighborhood looking for an identity. Combining environmental studies, flood control analysis, zoning adjustments, and economic development, this project is a great case study demonstrating how vision gets translated into development code. The planning process included two phases. The first – West Edge Blueprint – provided an overview of the management strategy and deeper investigations into stormwater and parks recommendations. The second – Area Wide Plan – provided an intensive look at how the planning recommendations from the Blueprint could be achieved through customizing zoning and development standards to accommodate infill and redevelopment. These included recommendations for specific administrative waivers that would enable predictable flexibility. Community outreach was a key component to the success of this neighborhood plan. Explaining the complex issues through the use of icons and imagery helped everyone, regardless of technical expertise, join the conversation, and contribute to the vision. The project compass was created to generate an elevator speech for the project to ensure consistent communication among project staff. How you communicate is just as important as what you communicate. Ayres is the team that can translate complex issues into accessible conversations for your stakeholders. Lessons Learned: Finding innovative solutions to development challenges is a common issue among communities. The West Edge Area Wide Plan provided our team a wealth of ideas for how we can streamline code processes to make good customer service easier to deliver. We’ll bring our experience in streamlining development review to help increase customer satisfaction in Estes Park. Cheyenne Unified Development Code Client: City of Cheyenne Reference: Brandon Cammarata (Former Planning Director), 307.220.0133 Through prior employment, Matt Ashby helped to initiate an overhaul of Cheyenne’s disjointed development regulations. The City of Cheyenne had recently completed an award-winning comprehensive plan. However, the City’s dated development regulations conflicted with many concepts in the plan, and the development process remained cumbersome and contentious as Page 76 5Planning Services Town of Estes Park development was regulated by three different codes – the zoning ordinance, subdivision standards, and street and site design standards often with differing or even conflicting regulatory approaches. The project philosophy was to “clarify, streamline, and improve” the City’s development regulations and processes. In conjunction with a consulting team, Ashby helped develop a code structure that blends many of the current regulations with new form- based techniques to implement the planning and urban design policies of PlanCheyenne. The Unified Development Code includes: •Consolidation and elimination of conflicts between Cheyenne’s existing development regulations •Explicit purpose and intent statements that tie the regulations directly to concepts in the plan •Integrating form-based and urban design standards into the City’s regulatory structure •A template form-based code that can accommodate planning, design, and development of new mixed-use activity centers and replace the current and cumbersome “planned district” process •Increased administrative flexibility, supported by specific design objectives and decision- making criteria •Streamlined development approvals with clear decision-making criteria •A user-friendly format, including the use of many tables and graphics. Lessons Learned: As a planner, starting from scratch with a code provided one of the most valuable teachable moments. Exploring the root purpose of each regulation led staff to a greater understanding and appreciation for code elements and enabled the team to more articulately explain the rationale behind the principle. We’re not just “plug and chug” planners who can regurgitate code in a staff report. We’ll bring a fundamental understanding of planning principles to help instill logic into to our staff reports and recommendations. Other Technical Capabilities Development Entitlements The Ayres team has been supporting private developers in their efforts to secure development entitlements, providing us with an understanding of how the private sector approaches municipal processes. With roots in local government, and perspective from private developers, we can provide a bridge to help improve staff service on your daily case load. Additionally, we can help long-term to identify ways to streamline your codes and processes as well. Private Sector Experience On the private side we’ve worked with developers, landowners, and schools to work through municipal approvals. A recent project was developing a new pad site for Mattress Firm; we assisted with a schematic site design, utility planning, and guidance on codes and requirements for the local jurisdiction. Our ongoing relationship with the school district has yielded opportunities to support facilitates planning and redevelopment. Another project coordinated site development and permitting for a large chain hotel in downtown Cheyenne. In addition to the standard application process, this project required special investigation of site conditions and structuring of agreements including grant-funding for a bridge connecting to an adjacent parking garage. Public Sector Experience Having walked in your shoes as local government staff, we believe this project fits our “sweet spot.” We appreciate the fine line between being too accommodating and being perceived as inflexible. Our previous municipal experience gives us the advantage of being able to understand applicant motivations, address unique project elements, and seek resolutions while ensuring local regulatory codes are addressed properly. Each member of our team is skilled at translating “intent” statements into modified standards, with the goal of removing impediments to economic development. We pride ourselves on our ability to come up with tactile solutions and apply agile, creative regulatory Page 77 6Planning Services Town of Estes Park changes that employ the right level of project flexibility to help accelerate a variety of projects. Through prior employment, our team helped shepherd the following projects through the development review process: Cheyenne Walmart Supercenter Walmart initiated the review process by submitting their base store model. During the review process we were able to work with the applicant to integrate a number of custom design elements to elevate the quality of the project. 21-Max Infill Townhouse Project This residential project required a few work-arounds to remove barriers to infill development and expedite the process. A full suite of tools and regulatory flex options was used to achieve a building design that contributed to the overall quality of the neighborhood. Additionally, the project was given credit for on-street parking to avoid the onerous variance process. 3D Visual Animations Sometime seeing is believing. Our team has extensive capabilities to produce 3D animated videos to help explain complex development and visioning projects. This innovative approach has helped to generate support for redevelopment projects and jump start financial investment. We have used this technology in support of our many EPA Brownfield Grant public engagement processes. Check out our latest video at https://youtu. be/OJoIy9G8xdU Page 78 7Planning Services Town of Estes Park Key Staff Ayres Associates’ staff members approach each project knowing the services we provide bring noticeable improvements for the communities for which we work and improve lives in the process. Through years of successful projects, we know that assigning qualified staff to your project and providing good communication are vital for maintaining trust and confidence. Ayres Associates will provide an experienced team to the Town of Estes Park for your planning project. Our team has successfully completed many similar projects throughout the country and will work with you to complete your project efficiently. Brief resumes for our key team members are provided on the following pages. Page 79 8Planning Services Town of Estes Park Total Experience 16 Years Certifications American Institute of Certified Planners Certified Urban Designer, APA – License No. 019074 Education MS, Urban Design, University of Colorado, 2001 MS, Urban and Regional Planning, University of Colorado, 2001 BS, Environmental Design, University of Colorado, 1999 Matt joined our team in 2015, bringing urban planning expertise to complement Ayres Associates’ engineering, architectural, geospatial, and environmental services. Based in our Cheyenne, Wyoming, office, Matt provides planning services on projects nationwide. Matt served for seven years as the City of Cheyenne’s planning director and brings 16 years of planning experience. His enthusiasm for vibrant community development sharpens the focus of Ayres’ work on downtown redevelopment, comprehensive planning, and development code administration. Matt’s eye for innovation has been recognized by his peers, with project accolades including the American Planning Association’s Daniel Burnham Award for the Cheyenne Metropolitan Planning Organization’s PlanCheyenne. Matt has extensive implementation experience, successfully translating principles from the comprehensive plan into a Unified Development Code for Cheyenne. Matt also serves as the executive director for the Windsor Downtown Development Authority. Functioning as staff for the organization, his executive leadership skills have helped the DDA cultivate nearly $40 million of redevelopment projects anticipated to break ground in 2018. Educated at the University of Colorado, Matt holds dual master’s degrees in urban design and urban and regional planning, as well as planning and urban design certifications from the American Institute of Certified Planners. No stranger to public service, Matt values volunteerism, serving on the Wyoming Main Street Advisory Board and The Western Planner. Related Projects Windsor Downtown Development: Executive director. In addition to day-to-day management of the organization, Ayres provides on-call services that include directing and managing Downtown Development Authority while pursuing strategic initiatives including creation of development strategies and incentives for vacant parcels, facilitating financial incentive packages and negotiations with developers, and helping to manage facade improvement program. Brighton Code Update: Ayres team leader. Project includes providing public engagement assistance and local knowledge of development conditions. Ayres is teaming with Gould-Evans to overhaul this growing metro Denver community’s code to match its ambitious vision. Key elements of the strategy include developing effective communications strategies to engage with residents while identifying innovative solutions to minimize the use of planned unit developments. Durango Code Update: Project manager. Project involves evaluating redevelopment and infill opportunities in Durango, Colorado, along primary highway corridor adjacent to downtown district. Our team’s previous code experience and innovative approach to zoning and Matt Ashby, AICP CUD Urban Planner Page 80 9Planning Services Town of Estes Park development provided ideal blend of vision with practical strategies to create effective implementation strategies for municipal staff. West Edge-Cheyenne Steam Plant Preliminary Site Development: Urban planner. Project involves preliminary structural and architectural services, environmental due diligence, preliminary site development, and support for zone change request for existing steam plant building at Reed Avenue and 17th Street in West Edge District in Cheyenne, Wyoming. Building is proposed to be renovated as part of redevelopment district. Main Street Best Practices Manual and Downtown Strategic Planning: Responsible for project management. Project involved developing short informational tips on managing volunteer Main Street Boards and working directly with communities to facilitate workshops that help develop strategic plans for creating vibrant downtowns. Ayres provided video clips that can be distributed through social media and, as part of PowerPoint template, to help in training new board members and assisting new communities as they establish programs. Working with Lamar, Buena Vista, and Meeker, Ayres staff have held multiple workshops focused on developing action steps to help direct and focus activity over coming years. Princeton Branding Strategy: Responsible for project management. Project involves developing branding strategy for downtown Princeton, West Virginia, to help community overcome negative impressions that don’t reflect positive changes that are happening. Strategy includes immersion workshop that will inform “community character report” upon which brand identity is established. From this character, logo and marketing recommendations are produced, guiding communications strategies to elevate overall marketing appeal of district. Page 81 10Planning Services Town of Estes Park Barbara Kloth, AICP Planner Total Experience 6 Years Certifications American Institute of Certified Planners, AICP – Certification No. 27901, 2015 Education BS, Community and Regional Planning, Iowa State University, 2010 Memberships American Institute of Certified Planners American Planning Association Barbara has served as a planner from the neighborhood level all the way up to the regional scale, most recently as a senior planner in the Laramie County, Wyoming, Planning Department. Her experience working in county government enables her to appreciate the perspectives of rural stakeholders and commissioners. Barbara was responsible for drafting staff reports for development requests including zone changes, subdivision plats, and special use permits. In addition to providing continual oversight leading to the completion of the Laramie County Comprehensive Plan in-house, her insights also provided the basis for recommended code adjustments. During this time, Barbara developed a passion for working with clients to identify creative solutions to development challenges. Barbara’s knowledge base includes rural communities, urban- rural interfaces, downtown redevelopment, site planning, and master planning. Public engagement is where Barbara particularly distinguishes herself. Her community connection and commitment extend to her volunteer work, including the Greater Cheyenne Greenway Foundation and the Cheyenne Downtown Development Authority. Related Projects Kersey Code Audit: Planner. Kersey is a small town poised for long- term growth. The Town requested assistance from Ayres in assessing its development standards and infrastructure assets to be ready to prudently review new development requests and efficiently operate existing Town infrastructure. Ayres’ on-call services have included providing code audit to help community understand what it will take to modernize its cumbersome hodgepodge of regulations into process streamlined to welcome growth. Team has provided insights that are a good fit for an agricultural community that is stretching its comfort zone to accommodate increasingly urban future without compromising its rural roots. Municipal engineering team is also helping to assess existing infrastructure, developing capital improvement plan, and reviewing policies to ensure Kersey can accommodate positive growth well into the future. Windsor Downtown Development: Planner. Duties include helping manage Downtown Development Authority (DDA) while juggling strategic initiatives including restoration of historic mill and facilitating development of vacant parcels. Barbara’s Main Street experience has helped to implement Block Captain Program to communicate with local property owners while also bolstering DDA’s social media outreach. Her experience with design has enabled her to help manage Façade Improvement Program, and her experience with daily DDA operations provides clients with unique solutions tailored to their needs. Page 82 11Planning Services Town of Estes Park Pine Bluffs, WY, Community Outreach: Planner. Project involves community outreach for Town’s planning efforts, including creation of a vision statement for meetings in which community character, planning, and site development scenarios will be discussed. Brighton Land Use Development Code Update: Planner. Project involves updating codes in ways that will assist City of Brighton in implementing key initiatives in its Be Brighton Plan, including welcoming growth in population and employment and working toward being full-service community that respects its agricultural roots. Ayres’ role as local subconsultant to GouldEvans is to deliver local knowledge, rapport with local staff, and energetic public engagement. Ayres is responsible for conducting outreach, including leading public hearing and study session presentations, leading Metro Innovation tour of area developments, and spearheading tactical urbanism workshop. Our team will also review deliverables, provide meaningful assessment, and assist as needed with municipal engineering expertise. Meeker Downtown Planning: Assisted with creating and deploying community engagement prior to a strategic planning workshop to assess community sentiment toward critical issues. Also developed an informational brochure summarizing goals for the organization in additional to assisting with completion of the strategic plan document. Project involved working with fledgling Colorado Main Street Program in Meeker to develop strategic plan for downtown area known as Main and Market Streets being promoted as trailhead district with places to stay, eat, buy provisions, and get advice while enjoying Meeker and natural resources that surround it. Our team created brochure to tell story of Meeker Main and Market Trailhead and area’s historic and outdoor assets. Page 83 12Planning Services Town of Estes Park Logan Ward, AICP Planner Total Experience 6 Years Certifications American Institute of Certified Planners Education MS, Community and Regional Planning, University of New Mexico, 2011 BA, Human Services, Western Washington University, 2008 Memberships American Institute of Certified Planners Logan joined the planning staff in Ayres Associates’ development services division in January 2018, bringing six years of municipal planning experience to the team. Logan’s background includes extensive work in current development, as well as neighborhood planning and revitalization projects. Her experience includes grant administration, brownfields revolving loan fund implementation, and zoning code reviews and amendments. She worked to streamline site plan and development approval processes. Logan served as a case planner for variance and conditional use requests, annexations, and site plans. She enforced design regulations and applied flexibility when necessary to encourage adaptive reuse of existing structures. During her tenure in current planning, Logan learned to appreciate how communication can help to diffuse tense situations. Her ability to explain the logic behind regulations helps in generating productive solutions that satisfy the intent of the code. In previous employment, Logan advanced and oversaw efforts to clarify, streamline, and improve (CSI) the regulatory environment to provide expedited services to customers and improve the development entitlement process. Key accomplishments include: •Initiated departmental “Annual Report” for site plan review to measure performance and approval timelines, helping to identify areas of delay to improve efficiency. •Managed the department’s annual review of the Unified Development Code to address any formal issues or concerns regarding the code and provide an opportunity to review the code in a comprehensive manner. •Processed code amendment requests and developed recommendations on how to better translate design principles and community objectives into a modified zoning standard. Project experience from previous employment includes: West Edge Project, Cheyenne, WY: Managed and monitored all phases of grant-funded projects, including preparation of all work plans, grant agreements, and quarterly progress reports for multipronged initiative to encourage new investment in underused light industrial area near City’s core. West Edge Areawide Plan, Cheyenne, WY: Managed development of comprehensive plan for assessment, cleanup, and reuse of brownfield properties and promotion of revitalization by incorporating surface water drainage features with improved streetscapes, downtown park spaces, and mixed-use infill development. Page 84 13Planning Services Town of Estes Park References The quality of our services is demonstrated by the extent of repeat business we enjoy from our clients; we believe this is a true reflection of our clients’ satisfaction toward our overall performance. Approximately 88% of our 2016 revenues were from clients we had served within the previous five years. Our experience has shown us that close and open communication with our clients is the foundation for a successful working relationship. We place a high priority on understanding our clients’ needs, openly addressing issues, involving clients in decision-making, and resolving project concerns. In every project we undertake, our goal is always client satisfaction. We invite you to contact the references listed below for a firsthand account of our work. Windsor Downtown Development Client: Windsor Downtown Development Authority Reference: Patti Garcia, 970.674.2404 Cheyenne West Edge Project Client: City of Cheyenne Reference: Tom Mason, 307.627.6299 Cheyenne Unified Development Code Client: City of Cheyenne Reference: Brandon Cammarata (Former Planning Director), 307.220.0133 (Please refer to the project descriptions for these projects on Pages 3 and 4 to learn more about the role our team provided). Page 85 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. 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THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 12/15/2020 (608) 203-3893 (877)254-8586 13056 Ayres Associates Inc 3433 Oakwood Hills Pkwy Eau Claire, WI 54701 A Professional Liab RDP0040133 6/30/2020 Each Claim 1,000,000 A Professional Liab RDP0040133 6/30/2020 6/30/2021 Aggregate 1,000,000 Town of Estes Park Attention: Community Development Director 170 MacGregor Avenue PO Box 1200 Estes Park, CO 80517 AYREASS-01 DCRENSHAW Johnson Insurance Madison 525 Junction Road Madison, WI 53717 Mary Jo Nowak, AU, CIC, ARM, RPLU mnowak@johnsonfinancialgroup.com RLI Insurance Company 6/30/2021 ATTACHMENT 5 Page 86 PUBLIC WORKS Memo To: Honorable Mayor Wendy Koenig Board of Trustees Through: Town Administrator Machalek From: Vanessa Solesbee, CAPP, Parking & Transit Manager Greg Muhonen, PE, Public Works Director Date: January 26, 2021 ARE: Resolution 06-21 Alternatives for 2020 Unpaid Parking Citations PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Adoption of Resolution 06-21 Alternatives for 2020 Unpaid Parking Citations. Present Situation: Parking area monitoring (enforcement) is a necessary and regulatory function that helps encourage lawful, safe and equitable use of public parking spaces. Parking regulations are implemented for a variety of reasons – for public safety, to manage a limited public asset, and to improve access. Without effective parking citation tools and management, it can be difficult to successfully manage the Town’s public parking areas. Prior to the formation of the Parking & Transit Division in October 2018, those with unpaid parking citations received one letter notifying them about the outstanding citation. If the individual did not remit payment, no further action was taken. In 2019 and 2020, additional processes were implemented, both to incentivize timely payment of citations and to follow-up on unpaid citations, including: 1. Citations paid within the first 15 days of receipt were allowed to pay a lower fine amount (e.g., $15 dollars on a $25 fine); 2. A late fee of $25 was automatically added to a citation if it remained unpaid beyond 30 days is issuance; and 3. Two rounds of letters were sent to those with unpaid citations, requesting payment. Even with these additional measures, 299 citations went unpaid in 2019 and in 2020, 224 citations remain unpaid (totaling $19,240 for both years). Page 87 Public Works and Police Department staff are currently partnering to define additional options that will more strongly discourage those who receive parking citations to simply ignore them, including increasing fine amounts for specific violation types (e.g., ADA violations), immobilization (booting) and/or towing in extremely limited cases related to public safety (e.g., fire lane violations). Staff plan to present recommended changes to Chapter 10 of the Estes Park Municipal Code to the Town Board at a Study Session on February 9, 2021. 2020 was a difficult and unusual year for many. Staff also acknowledge that even in a more “normal” year, mistakes happen and sometimes citations go unpaid by accident. Offering a more robust and forgiving menu of options for those with unpaid parking violations this year, and possibly into the future, seemed like a prudent complement to the current efforts to identify solutions that will help tighten up the more regulatory functions of citation management and collections. Proposal: Public Works staff respectfully request that the Town Board adopt Resolution 06-21, and authorize staff to offer the following fine reduction incentives and payment alternatives for unpaid parking citations issued between January 1, 2019 – December 31, 2020. If the proposed Resolution is approved by the Board, staff will be ready to send a letter to each individual with an unpaid parking citation before the end of January. Letters would include the following options: 1. An individual with an outstanding citation can submit a receipt showing a donation to an Estes Park nonprofit organization or a receipt showing the purchase of a gift card to any business located within the Town of Estes Park in an amount equal to or greater than the unpaid parking citation balance. (Receipts must be dated after Feb. 1, 2021). 2. Offer a 50% discount if the outstanding citation(s) is/are paid by March 1, 2021. 3. Contact the Town’s parking operator, The Car Park, to set up an installment agreement. A sample letter has been included in the Attachments. There is well-documented (and well-received) precedent for this type of “fine forgiveness” program across the country among parking organizations, libraries and universities (including Colorado State University’s “Food for Fines” program). Advantages: The proposed alternatives were designed to balance the Parking Division’s regulatory role as manager of a Town asset with Public Works’ commitment to identifying flexible and creative ways to offer outstanding customer service. Offering alternatives beyond direct payment to the Town for unpaid violations could encourage more individuals to remedy their unpaid citations. Page 88 Disadvantages: Offering alternatives beyond direct payment to the Town for unpaid violations could diminish Parking Fund revenue for 2020, however staff feel that this possibility is offset by the possible benefit to the local community. Action Recommended: Public Works staff recommend adoption of Resolution 06-21 Authorizing Payment Alternatives for Unpaid Parking Citations. Finance/Resource Impact: 1,063 citations were issued in 2020, totaling $32,150. As of December 31, 2020, 224 citations remain unpaid, totaling $11,475. This represents a 64% collection rate for 2020. The cost to send one letter to each individual with an outstanding citation is $3.00, however, since some license plates acquired a number of citations, the number of letters sent will be lower than 224. The cost would be covered within the existing 2020 Parking Fund budget. No additional funds are requested. Level of Public Interest While staff generally expects a high level of public interest in any item related to the parking, interest in this item will likely be low. This proposal was shared with the Transportation Advisory Board at their meeting on December 16, 2020. Sample Motion: I move for the approval/denial of Resolution 06-21. Attachments: 1. Resolution 06-21 Alternatives for 2020 Unpaid Parking Citations 2. Town of Estes Park Collections Letter 2020 (Proposed) Page 89 RESOLUTION 06-21 ALTERNATIVES FOR 2020 UNPAID PARKING CITATIONS WHEREAS, Town of Estes Park staff and Trustees acknowledge that 2020 was challenging year for many who live in, work in and visited Estes Park; and WHEREAS, the Town’s Parking & Transit Division staff are continuously working to identify creative ways to balance their regulatory duty with their commitment to provide outstanding customer service; and WHEREAS, section 10.04.020 of the Estes Park Municipal Code authorizes the Town's Parking & Transit Manager to reduce the amount charged for parking violation fines to incentivize early payment; and WHEREAS, the Town of Estes Park would like to offer alternatives for those wishing to resolve an unpaid parking citation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: The Parking & Transit Manager, or the Manager’s designated staff member or contractor, is authorized to offer the following alternatives to payment of unpaid parking citations that were issued between January 1, 2019 and December 31, 2020: a. Submittal of a receipt showing a donation by the cited individual to a nonprofit organization that is both located within and that principally serves the Estes Valley, as defined by the by the boundaries of Estes Park School District R-3; or a receipt showing the purchase by the cited individual of a gift card or gift certificate to any business located within the Town of Estes Park, in an amount equal to or greater than the unpaid balance. Receipts must be dated after February 1, 2021. b. For citations paid on or before March 1, 2021, payment of 50% of the unpaid balance. c. Execution of an installment agreement in a form approved by the Town, whereby the individual must pay the fine amount in installments to be completed no later than December 31, 2021, and full performance of such agreement. Section 2: The Board finds that the alternative use of the revenues forgone under section 1(a) of this resolution will assist local businesses and nonprofits, including by helping retain employees. The Board finds that this is for the public purpose of protecting the economic and social vitality of the Town by (1) supporting employment for residents of the Town, allowing employees to continue to live locally, and ultimately to continue to contribute to the Town’s tax base; and (2) supporting businesses in the Town that have ATTACHMENT 1 Page 90 been disadvantaged by the COVID pandemic, and supporting local businesses’ ability to stay in business and contribute to the diversity of commerce in the Town and to the Town’s tax base. The Board finds that the resolution’s public purposes are both significant and substantial, and justify forgoing the collection of these funds. The Board also finds that the Town will receive adequate reimbursement for its financial contributions under this resolution in the form of the significant and substantial public benefits described above. Section 3: The Board repeals all resolutions or parts of resolutions in conflict with this resolution, but only to the extent of such inconsistency. DATED this day of , 2021. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Page 91 170 MACGREGOR AVE. P.O. BOX 1200, ESTES PARK CO. 80517 WWW.ESTES.ORG Date Name Address City, State, Zip Re: Town of Estes Park, CO – Unpaid Parking Citation #XXXX Dear Mr./Ms. _________________, The purpose of this letter is to inform you that parking citation #XXXX was issued to vehicle license plate #XXXXX in the Town of Estes Park, Colorado on [insert date here]. As of the date of this letter, the citation has an unpaid balance of $XX. We understand that mistakes happen and that 2020 was a very difficult and unusual year. Therefore, we are pleased to offer three options for you to resolve the outstanding citation(s). You may choose ONE of the following: 1.Submit a receipt showing a donation to an Estes Park nonprofit organization or a receipt showing the purchase of a gift card to any business located within the Town of Estes Park in an amount equal to or greater than the unpaid balance listed above. Receipts must be dated after February 1, 2021. 2.If you pay your outstanding citation(s) on or before March 1, 2021, you will only have to pay 50% of the unpaid balance. For example, if you owe $25, you would only need to pay $12.50, if your payment is received on or before March 1, 2021. 3.Contact the Town’s parking operator, The Car Park, to set up an installment agreement, whereby you will pay the fine amount over an agreed upon period of time prior to December 31, 2021. Due to the special nature of these arrangements, payments cannot be processed online. Payment can be: 1.Mailed directly to: The Car Park, PO Box 2285 Estes Park, CO 80517. Check only. Do NOT mail cash. Please write the citation number on the check and make out to The Car Park; or 2.Processed over the phone by calling 970-591-2577. ATTACHMENT 2 Page 92 170 MACGREGOR AVE. P.O. BOX 1200, ESTES PARK CO. 80517 WWW.ESTES.ORG If you feel this violation was issued in error or have questions about the outstanding balance and/or this letter, please call 970-591-2577. Online disputes may be filed by visiting www.estes.org/parking, clicking on “Pay a Parking Citation Here”, and entering your license plate information or citation number. Thank you for your prompt attention to this matter. Town of Estes Park Parking & Transit Division Operated by The Car Park www.estes.org/parking 970-591-2577 Page 93 Page 94 FINANCE DEPT Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Duane Hudson, Finance Director Date: Jan 26, 2021 RE: Resolution 07-21 Supplemental Budget Appropriations #1 to the 2021 Budget (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Amend the budget to implement paid parking in 2021, budget for additional small business COVID relief, and budget for a grant from Visit Estes Park for a climbing boulder at the Big Thompson Recreational Area picnic shelter at the parking garage. Present Situation: The following summarizes the proposed changes by Fund: General Fund: Increase $285,000 An appropriation increase estimated at $500,000 has been included for additional small business COVID relief assistance, offset by an anticipated $500,000 in grant revenues. This is simply an estimate of assistance to be distributed through the latest State funded COVID business relief package. The actual amount may end up being less and is dependent upon the applications we receive from businesses. The actual revenues and expenses will balance without any anticipated impact to the General Fund. In addition, transfers out to the Parking Services Fund have been eliminated, decreased by $215,000, due to the implementation of paid parking approved at the December 7, 2020 Town Board meeting. With the anticipated paid parking revenues, a transfer from the General Fund is no longer necessary. Page 95 Open Space Fund: Increase $50,000 This increase is to appropriate use of a $50,000 grant from Visit Estes Park to install a climbing boulder feature at the Big Thompson Recreational Area picnic shelter at the parking garage. This project is being done in coordination with the GOCO grant project funding the new picnic shelter. The funding has already been received from Visit Estes Park. Parking Services Fund: Increase $529,516 This budget increase funds renewal of the contract with The Car Park for implementation of paid parking in 2021 as approved December 7, 2020. This budget supplement will cover both a one-time capital investment of $127,000, $373,719 in annual operating funds, and $48,000 in annual management fees totaling $548,719 in new program-related costs for 2021. The Parking Services Fund appropriations, including the additional paid parking implementation costs, are projected to be fully paid for by the resulting new parking revenues (gross revenue estimated at $792,000). As a result, the transfer from the General Fund has been eliminated. Proposal: To provide for these items, the moneys must be appropriated within the proper funds. The attached budget resolution provides for the required appropriations. Advantages: Town staff will be authorized to expend the small business COVID relief funding. Town staff will be authorized to expend the new Visit Estes Park grant for the climbing boulder project. Staff will be authorized to resume implementation of the seasonal paid parking program and renew the contract with The Car Park. Staff will be authorized to reduce the transfer out of the General Fund. Disadvantages: None identified. Action Recommended: Staff recommends approval of the supplemental budget resolution as presented. Finance/Resource Impact: After reflecting these changes, the General Fund is projected to end 2021 with a 29.7% fund balance. Each fund is expected to end with a positive fund balance as well. Level of Public Interest The level of public interest is expected to be moderate since this amendment includes small business relief funding for the latest State COVID relief program. Page 96 Sample Motion: I move for the approval/denial of Resolution 07-21 Supplemental Budget Appropriations #1 to the 2021 Budget. Attachments: 1.Resolution 07-21 Supplemental Budget Appropriations #1 to the 2021 Budget 2.Recap of Proposed Budget Amendments and Supporting Schedules 3.The Car Park Contract Page 97 RESOLUTION 07-21 SUPPLEMENTAL BUDGET APPROPRIATIONS #1 TO THE 2021 BUDGET WHEREAS, the Board of Trustees of the Town of Estes Park has adopted the 2021 annual budget in accordance with the Local Government Budget Law on November 24th, 2020; and WHEREAS, additional projects and activities have been identified that were not known or were not included in the currently approved annual budget; and WHEREAS, it is not only required by law, but also necessary to appropriate the revenues provided in the budget to and for the purposes described below, so as not to impair the operations of the Town of Estes Park. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the appropriations for 2021 be increased by $864,516 for the funds specified below and these amounts are hereby appropriated from additional revenue or available fund balance of each fund. Fund # Fund Name Existing Appropriations Amendment Amended Appropriations 101 General Fund 19,389,907 285,000 19,674,907 204 Community Reinvestment Fund 1,402,001 0 1,402,001 211 Conservation Trust Fund 30,500 0 30,500 220 Larimer County Open Space Fund 228,540 50,000 278,540 236 Emergency Response System Fund 63,845 0 63,845 238 Community Center Fund 713,885 0 713,885 244 Trails Fund 233,327 0 233,327 256 Parking Services Fund 208,147 529,516 737,663 260 Street Fund 2,084,819 0 2,084,819 502 Power and Communications Fund 20,766,478 0 20,766,478 503 Water Fund 8,380,515 0 8,380,515 606 Medical Insurance Fund 2,731,792 0 2,731,792 612 Fleet Maintenance Fund 1,306,276 0 1,306,276 625 Information Technology Fund 951,379 0 951,379 635 Vehicle Replacement Fund 0 0 0 645 Risk Management Fund 361,327 0 361,327 Total All Funds 58,852,738 864,516 59,717,254 ATTACHMENT 1 Page 98 ADOPTED this 26th day of January, 2021. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Page 99 101 204 211 220 236 238 244 256 260 GENERAL FUND COMMUNITY REINVESTMENT CONSERVATION TRUST LARIMER COUNTY OPEN SPACE EMERGENCY RESPONSE COMMUNITY CENTER TRAILS PARKING SERVICES STREET Revenues $17,798,533 $1,400,857 $33,300 $451,000 $71,589 $713,885 $359,943 $792,200 $1,756,324 Expenses 19,674,907 1,402,001 30,500 278,540 63,845 713,885 233,327 737,663 2,084,819 Net (1,876,374)(1,144)2,800 172,460 7,744 0 126,616 54,537 (328,495) Estimated Beginning Fund Balance, 1/1/21 7,809,265 2,874 22,699 102,531 85,589 0 399,805 1,250 852,027 Estimated Ending Fund Balance, 12/31/21 $5,932,891 $1,730 $25,499 $274,991 $93,333 $0 $526,421 $55,787 $523,532 Budgeted Reserves Pkg Garage Maint Reserve 101-1700-417-37-99 36,000 - - - - - - - Nonspendable Prepaid Fund Bal & Restr Donations 192,228 - - - - - - - Policy 660 Fund Balance Reserves 4,797,013 - - - - - - - Total Reserved Fund Balance 5,025,241 - - - - - - - Unreserved Budgetary Fund Balance $907,650 $1,730 $25,499 $274,991 $93,333 $0 $526,421 $523,532 502 503 606 612 625 635 645 POWER AND COMMUNICATIONS WATER MEDICAL INSURANCE FLEET INFORMATION TECHNOLOGY VEHICLE REPLACEMENT RISK MANAGEMENT TOTAL Revenues, As Amended $18,985,875 $6,682,472 $2,784,228 $767,107 $955,751 $509,386 $361,327 $54,423,777 Expenses, As Amended 20,766,478 8,380,515 2,731,792 1,306,276 951,379 0 361,327 59,717,254 Net (1,780,603)(1,698,043)52,436 (539,169)4,372 509,386 0 (5,293,477) Estimated Beginning Fund Balance, 1/1/21 9,444,814 5,239,989 2,006,531 669,851 341,566 511,159 44 27,489,994 Estimated Ending Fund Balance, 12/31/21 $7,664,211 $3,541,946 $2,058,967 $130,682 $345,938 $1,020,545 $44 $22,196,517 Budgeted Reserves Pkg Garage Maint Reserve 101-1700-417-37-99 - - - - - - - 36,000 Nonspendable Prepaid Fund Bal & Restr Donations - - - - - - - 192,228 Equipment Reserve 2,055,991 620,117 - - - 1,020,545 - 3,696,653 Policy 660 Fund Balance Reserves 4,070,681 1,144,683 1,048,194 130,628 200,000 - - 11,391,198 Total Reserved Fund Balance 6,126,672 1,764,800 1,048,194 130,628 200,000 1,020,545 - 15,316,079 Unreserved Budgetary Fund Balance 1,537,539 1,777,146 1,010,773 54 145,938 - 44 6,880,438 TOWN OF ESTES PARK BA#1 - 2021 BUDGET RECAP OF PROPOSED BUDGET ALL FUNDS ATTACHMENT 2 Page 100 Dept # 2019 Actual 2020 Amended Budget 2020 EOY Estimate 2021 Adopted Budget Amendment 2021 Amended Budget REVENUE Taxes 14,431,402 9,047,222 11,968,436 12,771,362 - 12,771,362 Licenses and permits 809,296 715,419 709,619 705,893 - 705,893 Intergovernmental 638,151 1,196,482 1,689,451 433,773 500,000 933,773 Charges for services 756,871 403,255 391,413 636,201 - 636,201 Fines and forfeitures 61,890 45,000 33,000 33,000 - 33,000 Rental income 312,372 320,441 265,117 189,569 - 189,569 Investment income 166,001 60,000 60,000 124,000 - 124,000 Donations 141,447 43,300 42,750 39,300 - 39,300 Miscellaneous 236,408 158,906 156,366 160,406 - 160,406 Transfers-In from other funds 4,747,438 1,858,565 1,951,565 2,205,029 - 2,205,029 Sale of assets - - 640 - - - Financing Proceeds - - - - - - Total Revenues 22,301,276 13,848,590 17,268,357 17,298,533 500,000 17,798,533 EXPENDITURES Legislative 1100 244,133 299,675 257,934 269,952 - 269,952 Attorney 1190 157,524 338,847 314,279 311,647 - 311,647 Judicial 1200 79,935 77,187 78,253 73,594 - 73,594 Town Administrator 1300 333,761 375,076 359,783 316,650 - 316,650 Town Clerk 1400 389,566 367,056 373,300 280,489 - 280,489 Finance 1500 545,941 573,808 570,660 598,691 - 598,691 Planning 1600 683,115 780,715 792,975 950,240 - 950,240 Facilities 1700 1,126,354 1,366,792 1,357,176 1,113,067 - 1,113,067 Human Resources 1800 120,124 283,618 273,042 255,574 - 255,574 Community Svcs 1900 1,229,985 1,338,284 1,544,849 1,149,551 500,000 1,649,551 Police - Patrol 2100 3,613,063 3,821,922 3,879,511 4,076,752 - 4,076,752 Police - Communications 2155 1,020,236 972,614 982,062 1,029,951 - 1,029,951 Police - Comm Svc 2175 313,582 370,888 377,572 386,745 - 386,745 Police - Code Enforcement 2185 98,345 129,394 132,917 131,955 - 131,955 Building Safety 2300 620,963 638,284 592,892 546,736 - 546,736 Engineering 2400 314,032 374,426 367,016 357,487 - 357,487 Visitor Services 2600 487,629 449,421 445,706 509,162 - 509,162 Streets and Highways 3100 1,027,385 1,223,209 1,136,254 1,262,547 - 1,262,547 Parks 5200 1,087,145 1,189,214 1,126,396 1,079,551 - 1,079,551 Senior Center 5304 - - - - - - Special Events 5500 1,834,159 1,731,208 1,501,914 2,163,099 - 2,163,099 Transit 5600 620,908 1,385,974 1,403,371 520,207 - 520,207 Parking 5690 180,319 - - - - - Museum 5700 391,419 403,679 397,925 419,403 - 419,403 Transfers Out 9000 3,199,789 2,326,264 2,428,138 1,586,857 (215,000) 1,371,857 Rounding (8) - - - - - Total Expenditures 19,719,404 20,817,555 20,693,925 19,389,907 285,000 19,674,907 Net Income (Loss)2,581,872 (6,968,965) (3,425,568) (2,091,374) 215,000 (1,876,374) Beginning Fund Balance 8,652,961 11,234,833 11,234,833 7,809,265 - 7,809,265 Ending Fund Balance 11,234,833 4,265,868 7,809,265 5,717,891 215,000 5,932,891 TOWN OF ESTES PARK BA#1 - 2021 BUDGET SUMMARY BY DEPARTMENT GENERAL FUND # 101 Page 101 Dept # 2019 Actual 2020 Amended Budget 2020 EOY Estimate 2021 Adopted Budget Amendment 2021 Amended Budget REVENUE Taxes - - - - - - Licenses and permits - - - - - - Intergovernmental 173,516 - - - - - Charges for services - - - - - - Fines and forfeitures - - - - - - Rental income - - - - - - Investment income 38,647 10,000 10,000 29,000 - 29,000 Donations - - - - - - Miscellaneous - - - - - - Transfers-In from other funds 3,184,789 2,016,673 2,109,547 1,371,857 - 1,371,857 Sale of assets - - - - - - Financing Proceeds - - - - - - Total Revenues 3,396,952 2,026,673 2,119,547 1,400,857 - 1,400,857 EXPENDITURES Community Reinvestment Fund 5400 72,264 153,953 153,953 22,000 - 22,000 Capital Outlay 5400 941,453 951,393 951,393 59,000 - 59,000 Debt Service 6700 916,866 918,327 918,327 918,001 - 918,001 Transfers Out 9000 2,825,468 - 93,000 403,000 - 403,000 Rounding - - - - - - Total Expenditures 4,756,051 2,023,673 2,116,673 1,402,001 - 1,402,001 Net Income (Loss)(1,359,099) 3,000 2,874 (1,144) - (1,144) Beginning Fund Balance 1,359,099 - - 2,874 - 2,874 Ending Fund Balance - 3,000 2,874 1,730 - 1,730 TOWN OF ESTES PARK BA#1 - 2021 BUDGET SUMMARY BY DEPARTMENT COMMUNITY REINVESTMENT FUND # 204 Page 102 Dept # 2019 Actual 2020 Amended Budget 2020 EOY Estimate 2021 Adopted Budget Amendment 2021 Amended Budget REVENUE Taxes - - - - - - Licenses and permits - - - - - - Intergovernmental 35,949 32,000 32,000 33,000 - 33,000 Charges for services - - - - - - Fines and forfeitures - - - - - - Rental income - - - - - - Investment income 970 300 300 300 - 300 Donations - - - - - - Miscellaneous 1,760 - - - - - Transfers-In from other funds - - - - - - Sale of assets - - - - - - Financing Proceeds - - - - - - Total Revenues 38,679 32,300 32,300 33,300 - 33,300 EXPENDITURES Conservation Trust Fund 17,207 101,678 101,678 30,500 - 30,500 Rounding - - - - - - Total Expenditures 17,207 101,678 101,678 30,500 - 30,500 Net Income (Loss)21,472 (69,378) (69,378) 2,800 - 2,800 Beginning Fund Balance 70,605 92,077 92,077 22,699 - 22,699 Ending Fund Balance 92,077 22,699 22,699 25,499 - 25,499 CONSERVATION TRUST FUND # 211 TOWN OF ESTES PARK BA#1 - 2021 BUDGET SUMMARY BY DEPARTMENT Page 103 Dept # 2019 Actual 2020 Amended Budget 2020 EOY Estimate 2021 Adopted Budget Amendment 2021 Amended Budget REVENUE Taxes - - - - - - Licenses and permits - - - - - - Intergovernmental 561,059 1,904,000 1,904,000 393,000 50,000 443,000 Charges for services - - - - - - Fines and forfeitures - - - - - - Rental income - - - - - - Investment income 11,441 2,500 2,500 8,000 - 8,000 Donations - - - - - - Miscellaneous - - - - - - Transfers-In from other funds - - - - - - Sale of assets - - - - - - Financing Proceeds - - - - - - Total Revenues 572,500 1,906,500 1,906,500 401,000 50,000 451,000 EXPENDITURES Open Space 4600 82,355 168,899 173,097 115,040 - 115,040 Capital Outlay 4600 39,225 2,335,268 2,335,268 113,500 50,000 163,500 Transfers Out 9000 300,000 - - - - - Rounding - - - - - - Total Expenditures 421,580 2,504,167 2,508,365 228,540 50,000 278,540 Net Income (Loss)150,920 (597,667) (601,865) 172,460 - 172,460 Beginning Fund Balance 553,476 704,396 704,396 102,531 - 102,531 Ending Fund Balance 704,396 106,729 102,531 274,991 - 274,991 TOWN OF ESTES PARK BA#1 - 2021 BUDGET SUMMARY BY DEPARTMENT LARIMER COUNTY OPEN SPACE FUND # 220 Page 104 Dept # 2019 Actual 2020 Amended Budget 2020 EOY Estimate 2021 Adopted Budget Amendment 2021 Amended Budget REVENUE Taxes 81,697 47,927 66,370 71,389 - 71,389 Licenses and permits - - - - - - Intergovernmental - - - - - - Charges for services - - - - - - Fines and forfeitures - - - - - - Rental income - - - - - - Investment income 419 250 250 200 - 200 Donations - - - - - - Miscellaneous - - - - - - Transfers-In from other funds - - - - - - Sale of assets - - - - - - Financing Proceeds 291,845 - - - - - Total Revenues 373,961 48,177 66,620 71,589 - 71,589 EXPENDITURES Emergency Response System 3600 7,962 9,000 22,700 15,300 - 15,300 Debt Service 3600 48,544 48,544 48,544 48,545 - 48,545 Capital Outlay 3600 306,604 - - - - - Transfers Out 9000 - - - - - - Rounding 1 - - - - - Total Expenditures 363,111 57,544 71,244 63,845 - 63,845 Net Income (Loss)10,850 (9,367) (4,624) 7,744 - 7,744 Beginning Fund Balance 79,363 90,213 90,213 85,589 - 85,589 Ending Fund Balance 90,213 80,846 85,589 93,333 - 93,333 TOWN OF ESTES PARK BA#1 - 2021 BUDGET SUMMARY BY DEPARTMENT EMERGENCY RESPONSE SYSTEM FUND # 236 Page 105 Dept # 2019 Actual 2020 Amended Budget 2020 EOY Estimate 2021 Adopted Budget Amendment 2021 Amended Budget REVENUE Taxes 816,967 479,271 663,704 713,885 - 713,885 Licenses and permits - - - - - - Intergovernmental - - - - - - Charges for services - - - - - - Fines and forfeitures - - - - - - Rental income - - - - - - Investment income - - - - - - Donations - - - - - - Miscellaneous - - - - - - Transfers-In from other funds - - - - - - Sale of assets - - - - - - Financing Proceeds - - - - - - Total Revenues 816,967 479,271 663,704 713,885 - 713,885 EXPENDITURES Community Center 3800 793,392 479,271 687,279 713,885 - 713,885 Transfers Out 9000 - - - - - - Rounding - - - - - - Total Expenditures 793,392 479,271 687,279 713,885 - 713,885 Net Income (Loss)23,575 - (23,575) - - - Beginning Fund Balance - 23,575 23,575 - - - Ending Fund Balance 23,575 23,575 - - - - SUMMARY BY DEPARTMENT COMMUNITY CENTER FUND # 238 TOWN OF ESTES PARK BA#1 - 2021 BUDGET Page 106 Dept # 2019 Actual 2020 Amended Budget 2020 EOY Estimate 2021 Adopted Budget Amendment 2021 Amended Budget REVENUE Taxes 408,484 239,636 331,852 356,943 - 356,943 Licenses and permits - - - - - - Intergovernmental 286,000 1,043,745 1,043,745 - - - Charges for services - - - - - - Fines and forfeitures - - - - - - Rental income - - - - - - Investment income 4,709 1,600 1,600 3,000 - 3,000 Donations - - - - - - Miscellaneous - - - - - - Transfers-In from other funds 300,000 - - - - - Sale of assets - - - - - - Financing Proceeds - - - - - - Total Revenues 999,193 1,284,981 1,377,197 359,943 - 359,943 EXPENDITURES Trails Expansion Operations 3400 40,220 28,919 30,621 33,327 - 33,327 Capital Outlay 3400 773,465 1,744,998 1,744,998 200,000 - 200,000 Transfers Out 9000 - - - - - - Rounding 2 - - - - - Total Expenditures 813,687 1,773,917 1,775,619 233,327 - 233,327 Net Income (Loss)185,506 (488,936) (398,422) 126,616 - 126,616 Beginning Fund Balance 612,721 798,227 798,227 399,805 - 399,805 Ending Fund Balance 798,227 309,291 399,805 526,421 - 526,421 TOWN OF ESTES PARK BA#1 - 2021 BUDGET SUMMARY BY DEPARTMENT TRAILS EXPANSION FUND # 244 Page 107 Dept # 2019 Actual 2020 Amended Budget 2020 EOY Estimate 2021 Adopted Budget Amendment 2021 Amended Budget REVENUE Taxes - - - - - - Licenses and permits - 3,900 6,296 5,500 (1,500) 4,000 Intergovernmental - 15,000 15,000 - - - Charges for services - 22,500 22,500 20,000 751,105 771,105 Fines and forfeitures - -215 - 17,095 17,095 Rental income - -- - - - Investment income - -- - - - Donations - -- - - - Miscellaneous - -- - - - Transfers-In from other funds - 309,591 318,591 215,000 (215,000) - Sale of assets - - - - - - Financing Proceeds - - - - - - Total Revenues - 350,991 362,602 240,500 551,700 792,200 EXPENDITURES Parking Services Operations 5690 - 323,998 334,359 204,947 529,516 734,463 Capital Outlay 5690 - 26,993 26,993 3,200 - 3,200 Transfers Out 9000 - -- - - - Rounding - -- - - - Total Expenditures - 350,991 361,352 208,147 529,516 737,663 Net Income (Loss)- - 1,250 32,353 22,184 54,537 Beginning Fund Balance - - - 1,250 - 1,250 Ending Fund Balance - - 1,250 33,603 22,184 55,787 BA#1 - 2021 BUDGET SUMMARY BY DEPARTMENT PARKING SERVICES FUND # 256 TOWN OF ESTES PARK Page 108 Dept # 2019 Actual 2020 Amended Budget 2020 EOY Estimate 2021 Adopted Budget Amendment 2021 Amended Budget REVENUE Taxes 1,960,721 1,150,251 1,592,890 1,713,324 - 1,713,324 Licenses and permits - - - - - - Intergovernmental - - - - - - Charges for services - - - - - - Fines and forfeitures - - - - - - Rental income - - - - - - Investment income 86,357 30,000 30,000 43,000 - 43,000 Donations - - - - - - Miscellaneous - - - - - - Transfers-In from other funds - - - - - - Sale of assets - - - - - - Financing Proceeds - - - - - - Total Revenues 2,047,078 1,180,251 1,622,890 1,756,324 - 1,756,324 EXPENDITURES Street Improvement Operations 2000 588,488 638,615 637,547 790,519 - 790,519 Capital Outlay 2000 3,771,772 1,378,088 1,378,088 1,294,300 - 1,294,300 Transfers Out 9000 - - - - - - Rounding (2) - - - - - Total Expenditures 4,360,258 2,016,703 2,015,635 2,084,819 - 2,084,819 Net Income (Loss)(2,313,180) (836,452) (392,745) (328,495) - (328,495) Beginning Fund Balance 3,557,952 1,244,772 1,244,772 852,027 - 852,027 Ending Fund Balance 1,244,772 408,320 852,027 523,532 - 523,532 TOWN OF ESTES PARK BA#1 - 2021 BUDGET SUMMARY BY DEPARTMENT STREET IMPROVEMENT FUND # 260 Page 109 Dept # 2019 Actual 2020 Amended Budget 2020 EOY Estimate 2021 Adopted Budget Amendment 2021 Amended Budget REVENUE Taxes - - - - - - Licenses and permits - - - - - - Intergovernmental 6,548 - - - - - Charges for services 19,072,995 17,332,051 17,848,351 18,638,875 - 18,638,875 Fines and forfeitures - - - - - - Rental income 2,745 - - - - - Investment income 316,767 90,000 90,000 241,000 - 241,000 Donations 487,398 - - 10,000 - 10,000 Miscellaneous 144,708 112,500 112,500 96,000 - 96,000 Transfers-In from other funds - - - - - - Sale of assets (9,994) - - - - - Financing Proceeds - - - - - - Total Revenues 20,021,167 17,534,551 18,050,851 18,985,875 - 18,985,875 EXPENDITURES Source of Supply 6100 8,142,386 7,983,854 7,983,854 8,218,997 - 8,218,997 Distribution 6301 3,150,447 4,384,662 4,200,065 4,596,205 - 4,596,205 Customer Accounts 6401 364,903 531,758 545,644 568,897 - 568,897 Admin & General 6501 2,033,486 2,338,316 2,290,401 2,350,429 - 2,350,429 Debt Service 6700 489,968 1,539,928 1,539,928 1,828,726 - 1,828,726 Broadband 6900 452,703 873,370 922,443 548,195 - 548,195 Capital Outlay 7001 20,736 26,578,914 26,578,914 985,000 - 985,000 Transfers Out 6600 1,772,928 1,720,029 1,720,029 1,670,029 - 1,670,029 Rounding 1 - - - - - Total Expenditures 16,427,558 45,950,831 45,781,278 20,766,478 - 20,766,478 Net Income (Loss)3,593,609 (28,416,280) (27,730,427) (1,780,603) - (1,780,603) Beginning Fund Balance 8,969,681 37,175,241 37,175,241 9,444,814 - 9,444,814 Ending Fund Balance 12,563,290 8,758,961 9,444,814 7,664,211 - 7,664,211 BA#1 - 2021 BUDGET SUMMARY BY DEPARTMENT POWER AND COMMUNICATIONS FUND # 502 TOWN OF ESTES PARK Page 110 Dept # 2019 Actual 2020 Amended Budget 2020 EOY Estimate 2021 Adopted Budget Amendment 2021 Amended Budget REVENUE Taxes - - - - - - Licenses and permits - - - - - - Intergovernmental 348,087 6,547,000 8,916,000 - - - Charges for services 6,636,801 5,919,274 5,919,274 6,206,272 - 6,206,272 Fines and forfeitures - - - - - - Rental income - - - - - - Investment income 221,134 95,000 95,000 166,000 - 166,000 Donations - - - - - - Miscellaneous 103,852 40,250 40,250 45,200 - 45,200 Transfers-In from other funds - - - - - - Sale of assets (5,213) - - 265,000 - 265,000 Financing Proceeds - 5,609,000 13,284,000 - - - Total Revenues 7,304,661 18,210,524 28,254,524 6,682,472 - 6,682,472 EXPENDITURES Source of Supply 6100 105,523 202,200 202,200 123,000 - 123,000 Purification 6200 777,004 1,150,295 1,075,183 1,090,056 - 1,090,056 Distribution 6300 2,072,756 1,956,501 1,781,424 2,041,043 - 2,041,043 Customer Accounts 6400 208,762 280,985 372,518 366,518 - 366,518 Admin & General 6500 696,283 866,489 896,781 958,116 - 958,116 Debt Service 6700 104,892 440,251 440,251 391,836 - 391,836 Capital Outlay 7000 (9,895) 17,417,933 27,461,933 3,277,946 - 3,277,946 Transfers Out 6600 149,042 138,536 138,536 132,000 - 132,000 Rounding (3) - - - - - Total Expenditures 4,104,364 22,453,190 32,368,826 8,380,515 - 8,380,515 Net Income (Loss)3,200,297 (4,242,666) (4,114,302) (1,698,043) - (1,698,043) Beginning Fund Balance 8,070,619 9,354,291 9,354,291 5,239,989 - 5,239,989 Ending Fund Balance 11,270,916 5,111,625 5,239,989 3,541,946 - 3,541,946 TOWN OF ESTES PARK BA#1 - 2021 BUDGET SUMMARY BY DEPARTMENT WATER FUND # 503 Page 111 Dept # 2019 Actual 2020 Amended Budget 2020 EOY Estimate 2021 Adopted Budget Amendment 2021 Amended Budget REVENUE Taxes - - - - - - Licenses and permits - - - - - - Intergovernmental - - - - - - Charges for services 944,889 250,000 250,000 100,000 - 100,000 Fines and forfeitures - - - - - - Rental income - - - - - - Investment income 35,806 15,000 15,000 27,000 - 27,000 Donations - - - - - - Miscellaneous 2,459,907 2,236,787 2,236,787 2,657,228 - 2,657,228 Transfers-In from other funds - - - - - - Sale of assets - - - - - - Financing Proceeds - - - - - - Total Revenues 3,440,602 2,501,787 2,501,787 2,784,228 - 2,784,228 EXPENDITURES Medical Insurance Fund Operations 4200 2,636,662 2,493,000 2,493,000 2,731,792 - 2,731,792 Rounding (1) - - - - - Total Expenditures 2,636,661 2,493,000 2,493,000 2,731,792 - 2,731,792 Net Income (Loss)803,941 8,787 8,787 52,436 - 52,436 Beginning Fund Balance 1,193,803 1,997,744 1,997,744 2,006,531 - 2,006,531 Ending Fund Balance 1,997,744 2,006,531 2,006,531 2,058,967 - 2,058,967 SUMMARY BY DEPARTMENT MEDICAL INSURANCE FUND # 606 TOWN OF ESTES PARK BA#1 - 2021 BUDGET Page 112 Dept # 2019 Actual 2020 Amended Budget 2020 EOY Estimate 2021 Adopted Budget Amendment 2021 Amended Budget REVENUE Taxes - - - - - - Licenses and permits - - - - - - Intergovernmental 10 - - 300,800 - 300,800 Charges for services 505,992 501,219 501,219 459,307 - 459,307 Fines and forfeitures - - - - - - Rental income - - - - - - Investment income 7,321 1,547 4,000 7,000 - 7,000 Donations - - - - - - Miscellaneous 580 - - - - - Transfers-In from other funds - - - - - - Sale of assets 7,750 - - - - - Financing Proceeds - - - - - - Total Revenues 521,653 502,766 505,219 767,107 - 767,107 EXPENDITURES Fleet Maintenance 4300 414,200 411,278 377,775 423,276 - 423,276 Capital Outlay 7000 (1) 10,000 10,000 883,000 - 883,000 Rounding - -- - - - Total Expenditures 414,199 421,278 387,775 1,306,276 - 1,306,276 Net Income (Loss)107,454 81,488 117,444 (539,169) - (539,169) Beginning Fund Balance 459,365 552,407 552,407 669,851 - 669,851 Ending Fund Balance 566,819 633,895 669,851 130,682 - 130,682 TOWN OF ESTES PARK BA#1 - 2021 BUDGET SUMMARY BY DEPARTMENT FLEET MAINTENANCE FUND # 612 Page 113 Dept # 2019 Actual 2020 Amended Budget 2020 EOY Estimate 2021 Adopted Budget Amendment 2021 Amended Budget REVENUE Taxes - - - - - - Licenses and permits - - - - - - Intergovernmental (7) - - - - - Charges for services 841,570 892,729 892,729 950,751 - 950,751 Fines and forfeitures - - - - - - Rental income - - - - - - Investment income 6,751 4,000 4,000 5,000 - 5,000 Donations - - - - - - Miscellaneous 1,847 1,000 1,000 - - - Transfers-In from other funds - - - - - - Sale of assets - - - - - - Financing Proceeds - - - - - - Total Revenues 850,161 897,729 897,729 955,751 - 955,751 EXPENDITURES IT Operations 2500 799,814 791,217 772,434 872,379 - 872,379 Capital Outlay 2500 - 88,439 88,439 79,000 - 79,000 Transfers Out 9000 - -- - - - Rounding - -- - - - Total Expenditures 799,814 879,656 860,873 951,379 - 951,379 Net Income (Loss)50,347 18,073 36,856 4,372 - 4,372 Beginning Fund Balance 275,038 304,710 304,710 341,566 - 341,566 Ending Fund Balance 325,385 322,783 341,566 345,938 - 345,938 SUMMARY BY DEPARTMENT INFORMATION SYSTEMS TECHNOLOGY FUND # 625 TOWN OF ESTES PARK BA#1 - 2021 BUDGET Page 114 Dept # 2019 Actual 2020 Amended Budget 2020 EOY Estimate 2021 Adopted Budget Amendment 2021 Amended Budget REVENUE Taxes - - - - - - Licenses and permits - - - - - - Intergovernmental - - - - - - Charges for services 455,898 478,139 478,139 508,736 - 508,736 Fines and forfeitures - - - - - - Rental income - - - - - - Investment income 857 750 750 650 - 650 Donations - - - - - - Miscellaneous - - - - - - Transfers-In from other funds 15,000 - - - - - Sale of assets 23,757 - - - - - Financing Proceeds - - - - - - Total Revenues 495,512 478,889 478,889 509,386 - 509,386 EXPENDITURES Fleet Replacement Operations 3500 315,757 - - - - - Capital Outlay 7000 - 538,904 538,904 - - - Transfers Out 9000 - - - - - - Rounding (1) - - - - - Total Expenditures 315,756 538,904 538,904 - - - Net Income (Loss)179,756 (60,015) (60,015) 509,386 - 509,386 Beginning Fund Balance 311,372 571,174 571,174 511,159 - 511,159 Ending Fund Balance 491,128 511,159 511,159 1,020,545 - 1,020,545 TOWN OF ESTES PARK BA#1 - 2021 BUDGET SUMMARY BY DEPARTMENT VEHICLE REPLACEMENT FUND # 635 Page 115 Dept # 2019 Actual 2020 Amended Budget 2020 EOY Estimate 2021 Adopted Budget Amendment 2021 Amended Budget REVENUE Taxes - - - - - - Licenses and permits - - - - - - Intergovernmental - - - - - - Charges for services 271,616 307,344 307,344 361,327 - 361,327 Fines and forfeitures - - - - - - Rental income - - - - - - Investment income - - - - - - Donations - - - - - - Miscellaneous 55 - - - - - Transfers-In from other funds - - - - - - Sale of assets - - - - - - Financing Proceeds - - - - - - Total Revenues 271,671 307,344 307,344 361,327 - 361,327 EXPENDITURES Risk Management Operations 4100 271,627 307,344 307,344 361,327 - 361,327 Rounding - - - - - - Total Expenditures 271,627 307,344 307,344 361,327 - 361,327 Net Income (Loss)44 - - - - - Beginning Fund Balance - 44 44 44 - 44 Ending Fund Balance 44 44 44 44 - 44 TOWN OF ESTES PARK BA#1 - 2021 BUDGET SUMMARY BY DEPARTMENT RISK MANAGEMENT FUND # 645 Page 116 General Fund Community Reinvestment Fund Total Total Revenues 17,798,533 1,400,857 19,199,390 Less: Capital Grants (One time funds)- - - Transfers between GF & CRF 403,000 1,371,857 1,774,857 403,000 1,371,857 1,774,857 Net Ongoing Revenues 17,395,533 29,000 17,424,533 Total Expenditures 19,674,907 1,402,001 21,076,908 Less: Transfers between GF & CRF 1,371,857 403,000 1,774,857 Less One Time Expenditures: Parking Garage Maintenance Reserve 12,000 - 12,000 Comprehensive Plan 150,000 - 150,000 CIP - Downtown Wayfinding 2021 - 59,000 59,000 Event Center Roof/Grandstand Roof 101-5500-455-25-02 20,000 - 20,000 Visitor Center External Doors 101-2600-426-32-22 55,000 - 55,000 Community Initiative Funding 101-1900-419-91-47 35,000 35,000 272,000 59,000 331,000 Net Ongoing Expenditures 18,031,050 940,001 18,971,051 Net Ongoing Rev vs Exp (635,517) (911,001) (1,546,518) TOWN OF ESTES PARK BA#1 - 2021 BUDGET GENERAL & COMMUNITY REINVESTMENT FUNDS ONGOING REVENUES VS ONGONG EXPENDITURES Page 117 General Fund Comm Reinvestment Fund Total Fund Balance 5,932,891$ 1,730$ 5,934,621$ Reserves to Exclude Parking Garage Maintenance Reserve 36,000 - 36,000 Prepaids and Restricted Donations Estimate 192,228 - 192,228 228,228 - 228,228 Fund Balance Subject to Reserve Calculation 5,704,663 1,730 5,706,393 Total Expenditures 19,674,907 1,402,001 21,076,908 Less Transfers Out Between GF & CRF 1,371,857 403,000 1,774,857 Net Expenditures 18,303,050 999,001 19,302,051 Less Capital Expenditures CIP - Downtown Wayfinding 2020 - 59,000 59,000 Visitor Center External Door Replacement 55,000 - 55,000 Total Capital to Exclude 55,000 59,000 114,000 Total Expenditures Subject to Reserve Calculation 18,248,050$ 940,001$ 19,188,051$ Projected Reserve Ratio as of 12-31-2021 31.3%0.2%29.7% TOWN OF ESTES PARK BA#1 - 2021 BUDGET GENERAL & COMMUNITY REINVESTMENT FUNDS FUND BALANCE RESERVE RATIO Page 118 Fund Account # Project Code Project Descr Grant Program / Grantor Federal / State / Other 2020 Grants Amended 2021 Grants Adopted Amendment 2021 Amended Grants 101-0000-333.20-00 N/A COVID-19 SS CREDIT CARES Act F 6,309$ -$ -$ -$ 101 101-0000-334.20-00 WILL17 Willow Knolls Historic Historic Preservation S 24,675 - - - 101 101-1600-334.20-00 EVLTGT EV Land Trust Grant GOCO S 56,303 - - - 101 101-1900-333.00-00 COVWRK COVID-19 CARES Act CARES Act F 340,307 - - - 101 101-1900-334.20-00 COVBUS Colorado Small Business Relief Program State of Colorado S - - 500,000 500,000 101 101-2100-334.20-00 CDOT High Visibility Enforcement (Seatbelt and DUI Checkpoints)State of Colorado S 5,000 5,000 - 5,000 101 101-2100-334.20-00 PDPOST PD Post Grants State of Colorado S 7,000 7,000 - 7,000 101 101-5600-333.00-00 ELTRL2 Electric Trolley #2 F 403,266 - - - 101 101-5600-333.00-00 ELTROL Electric Trolley #1 F 247,530 - - - 101 101-5600-333.00-00 COVTRN COVID-19 Transit Operations CARES Act F 166,623 - - - 101 101-5700-334.20-00 N/A DeAccession Clerk Institute of Museum & Library Svc O - - - - 101 101-5700-334.40-00 *FDGRN Oral History Grant Greenwood Foundation Grant O 11,314 - - - 101 Total 1,268,327 12,000 500,000 512,000 204 204-0000-334.30-00 ELKPAV Elkhorn Paving CDOT S - - - - 204 Total - - - - 220 220-0000-333.00-00 FRTR3 Fall River Trail Phase 3 Land & Water Cons Grant F 400,000 - - - 220 220-0000-333.00-00 FRTR2A Fall River Trail Phase 2A Recreation Trail Grant Program F 250,000 - - - 220 220-0000-334.10-00 THUMB Thumb Open Space Acquisition GOCO S 350,000 - - - 220 220-0000-334.10-00 PICNIC Big Thompson River Picnic Area (Pkg Gar)GOCO S - 45,000 - 45,000 220 220-0000-334.30-00 FRTR3 Fall River Trail Phase 3 EV Parks and Rec District O 550,000 - - - 220 220-0000-334.30-00 THUMB Thumb Open Space Acquisition Access Fund O 50,000 - - - 220 220-0000-334.30-00 THUMB Thumb Open Space Acquisition EV Land Trust O 15,000 - - - 220 220-0000-334.30-00 ROCK Climbing Rock Big Thompson River Picnic Area Visit Estes Park O - - 50,000 50,000 220 Total 1,615,000 45,000 50,000 95,000 244 244-0000-333.00-00 BRODIE Brodie Trail Extension Safe Routes to School F - - - - 244 244-0000-333.00-00 GRAVES Graves Ave Trail Grant Safe Routes to School F 500,000 - - - 244 244-0000-334.30-00 FRTR3 Fall River Trail Phase 3 Rocky Mnt Conservancy O 120,039 - - - 244 244-0000-334.10-00 FRTR2B Fall River Trail Phase 2B Colorado the Beautiful S 363,706 - - - 244 244-0000-334.30-00 FRTR2B Fall River Trail Phase 2B EV Parks and Rec District O 50,000 - - - 244 244-0000-334.30-00 FRTR2B Fall River Trail Phase 2B Larimer County Dept of Nat Res O 10,000 - - - 244 Total 1,043,745 - - - TOWN OF ESTES PARK BA#1 - 2021 BUDGET SUMMARY OF BUDGETED GRANT REVENUES ALL FUNDS Page 119 Fund Account # Project Code Project Descr Grant Program / Grantor Federal / State / Other 2020 Grants Amended 2021 Grants Adopted Amendment 2021 Amended Grants TOWN OF ESTES PARK BA#1 - 2021 BUDGET SUMMARY OF BUDGETED GRANT REVENUES ALL FUNDS 256 256-0000-334.20-00 *EVPLN Electric Vehicle Infrastructure Plan DOLA - EIAF S 15,000 - - - 256 Total 15,000 - - - 503 503-0000-333.00-00 PMLOAN Prospect Mtn Water Dist Waterline USDA Loan/Grant F 6,547,000 - - - 503 503-0000-333.00-00 GCDOVE GC Disinfection Outreach & Verification Effort USDA Loan/Grant F 2,369,000 - - - 503 Total 8,916,000 - - - 612 612-0000-333.00-00 Trolly Charging Station F - 300,800 - 300,800 503 Total - 300,800 - 300,800 Grand Total 12,858,072$ 357,800$ 550,000$ 907,800$ Page 120 Project Name/Description Project Code ACCOUNT NUMBER ACCOUNT DESCRIPTION 2020 Revised Project Budgets 2021 Adopted Projects Amendment 2021 Amended Projects WILLOW KNOLLS LEGACY PROJECT WILL17 101-1300-413.31-13 LAND IMPROVEMENTS 33,175$ -$ -$ -$ DOCUMENT MANAGEMENT SOFTWARE & EQUIP DOCMGT 101-1400-414.37-01 SOFTWARE 32,194 - - - EV LAND TRUST OS & OUTDOOR REC PLAN EVLTGT 101-1600-416.22-13 CONTRACT/SKILLED SVCS 74,029 - - - COMPREHENSIVE LAND USE PLAN COMPPL 101-1600-416.22-13 CONTRACT/SKILLED SVCS - 150,000 - 150,000 FLEET/STREETS ROOF FLROOF 101-1700-417.32-22 BUILDING REMODELING 1,720 - - - TOWN HALL WINDOWS (CD & BS SIDE)THWIND 101-1700-417.32-22 BUILDING REMODELING 8,051 - - - PD ROOF REPLACEMENT PDROOF 101-1700-417.32-22 BUILDING REMODELING 2,035 - - - PUBLIC RESTROOM REMODEL - MORAINE MOREST 101-1700-417.32-22 BUILDING REMODELING 129,190 - - - CONFERENCE CENTER PORTE COCHERE CCPORT 101-1700-417.32-22 BUILDING REMODELING 109,930 - - - PARKING GARAGE MAINTENANCE RESERVE 101-1700-417.37-99 MAINTENANCE RESERVE 12,000 12,000 - 12,000 COVID SMALL BUSINESS RELIEF COVBUS 101-1900-419.91-55 COVID19 ECON ASSISTANCE - - 500,000 500,000 VISITOR CENTER MAIN DOOR REPLACEMENT VCDOOR 101-2600-426.32-22 BUILDING REMODELING - 55,000 - 55,000 FRONT END LOADER (BI-ANNUAL TRADE IN)LOADER 101-3100-431.34-43 VEHICLES/HEAVY EQUIPMENT 20,000 - - - ASPEN DR DRAINAGE ASPDRN 101-3100-431.35-53 STORM DRAINAGE 10,256 - - - 2 BOBCATS (ANNUAL TRADE IN)BOBCAT 101-5200-452.33-98 OTHER EQUIPMENT 6,450 - - - EVENT CENTER ACOUSTIC IMPROVEMENT ECACST 101-5500-455.33-31 FURNITURE/FIXTURES - - - - ELECTRIC TROLLEY ELTROL 101-5600-456.34-42 VEHICLES/TRUCKS 347,486 - - - TROLLEY CHARGING STATION-2ND GRANT ELTRL2 101-5600-456.34-42 VEHICLES/TRUCKS 464,320 - - - COBB-MACDONALD CABIN RE-ROOF *CBNRF 101-5700-457.32-22 BUILDING REMODELING - 15,000 - 15,000 MUSEUM SECURITY CAMERAS MUSECC 101-5700-457.33-31 FURNITURE/FIXTURES - - - - *TOTAL GENERAL FUND 1,250,836 232,000 500,000 732,000 * TOWN WIDE FACILITIES SPACE NEEDS STUDY *SPACE 204-5400-544.22-98 PROF SVCS - OTHER 129,953 - - - MUSEUM COLLECTIONS AND RESEARCH FACILITY MUSCOL 204-5400-544.32-22 BUILDINGS - - - - EVENT CENTER STALL BARN FLOOR LEVELING SBLEVL 204-5400-544.32-22 BUILDINGS - - - - TOWN HALL AC UNIT REPLACEMENT ACUNIT 204-5400-544.33-31 FURNITURE/FIXTURES - - - - BOARD ROOM AV REPLACEMENT AVBDRM 204-5400-544.33-98 EQUIPMENT-OTHER 45,696 - - - COMMUNITY DR INTERSECTION CONSTRUCTION CDINTR 204-5400-544.35-51 STREETS 588,244 - - - COMMUNITY DR ENGINEERING DESIGN COMMDR 204-5400-544.35-51 STREETS 276,453 - - - ELKHORN MILL & FILL - 34/36 TO MORAINE ELKPAV 204-5400-544.35-51 STREETS - - - - DOWNTOWN WAYFINDING PROJECT WAYFND 204-5400-544.35-63 WAYFINDING SIGNAGE 41,000 59,000 - 59,000 *TOTAL COMMUNITY REINVESTMENT FUND 1,081,346 59,000 - 59,000 * TOWN OF ESTES PARK BA#1 - 2021 BUDGET SCHEDULE OF BUDGETED PROJECTS ALL FUNDS Page 121 Project Name/Description Project Code ACCOUNT NUMBER ACCOUNT DESCRIPTION 2020 Revised Project Budgets 2021 Adopted Projects Amendment 2021 Amended Projects TOWN OF ESTES PARK BA#1 - 2021 BUDGET SCHEDULE OF BUDGETED PROJECTS ALL FUNDS THUMB OPEN SPACE ACQUISITION THMBGO 211-5900-459.31-11 LAND 70,000 - - - THUMB OPEN SPACE PARKING IMPROVEMENTS THMBPK 211-5900-459.35-61 PARK IMPROVEMENTS - 19,000 - 19,000 *TOTAL CONSERVATON TRUST FUND 70,000 19,000 - 19,000 * THUMB OPEN SPACE ACQUISITION THMBGO 220-4600-462.31-11 LAND 586,700 - - - SCOTT PONDS (CARRIAGE HILLS) DAM CDBGCH 220-4600-462.22-02 ENGINEERING 5,140 - - - FISH CREEK TRAIL 11CATG 220-4600-462.22-02 WALKWAYS & BIKEWAYS 90,232 - - - BRODIE TRAIL EXTENSION BRODIE 220-4600-462.35-60 WALKWAYS & BIKEWAYS 59,843 - - - CIP-PARKS IRRIG SYSTEM BASE LINE CONTROLLERS PRKIRR 220-4600-462.35-61 PARK IMPROVEMENTS 66,500 - - - CIP-PARKS IRRIG SYSTEM 1ST STAGE RIVERWALK RVRIR1 220-4600-462.35-61 PARK IMPROVEMENTS - - - - BIG THOMPSON RIVER PICNIC AREA (PKG GAR PAVILION) (GOCO grant)PICNIC 220-4600-462.35-61 PARK IMPROVEMENTS - 51,000 - 51,000 THUMB OS - GATE ON CURRY DRIVE THGATE 220-4600-462.35-61 PARK IMPROVEMENTS - 16,000 - 16,000 THUMB OS - KIOSK & SIGNS THKIOS 220-4600-462.35-61 PARK IMPROVEMENTS - 6,500 - 6,500 THUMB OS - TRAIL IMPROVEMENTS THTIMP 220-4600-462.35-61 PARK IMPROVEMENTS - 40,000 - 40,000 CLIMING ROCK BIG THOMPSON RIVER PICNIC AREA ROCK 220-4600-462.35-61 PARK IMPROVEMENTS - - 50,000 50,000 FALL RIVER TRAIL PHASE 3 FRTR3 220-4600-462.36-60 FALL RIVER TRAIL IMPR 1,099,725 - - - FALL RIVER TRAIL PHASE 2A FRTR2A 220-4600-462.36-60 FALL RIVER TRAIL IMPR 522,500 - - - *TOTAL LARIMER COUNTY OPEN SPACE FUND 2,430,640 113,500 50,000 163,500 * RADIO REPLACEMENT PROJECT 19RADO 236-3600-436.33-36 COMMUNICATION EQUIPMENT - - - - *TOTAL EMERGENCY RESPONSE SYSTEM FUND - - - - * BRODIE TRAIL EXTENSION BRODIE 244-3400-434.35-60 WALKWAYS & BIKEWAYS 95,657 - - - GRAVES AVE TRAIL (SRT SCHOOL GRANT PROJECT)GRAVES 244-3400-434.35-60 WALKWAYS & BIKEWAYS 683,000 100,000 - 100,000 FALL RIVER TRAIL FRTRL 244-3400-434.36-60 FALL RIVER TRAIL IMPR 5 - - - FALL RIVER TRAIL PHASE 2B FRTR2B 244-3400-434.36-60 FALL RIVER TRAIL IMPR 533,706 100,000 - 100,000 FALL RIVER TRAIL PHASE 3 FRTR3 244-3400-434.36-60 FALL RIVER TRAIL IMPR 432,630 - - - *TOTAL TRAILS FUND 1,744,998 200,000 - 200,000 * EV INFRASTRUCTURE PLAN *EVPLN 256-5690-569.22-13 CONTRACT/SKILLED SERVICES 20,000 - - - MISCELLANEOUS DATA PROCESSING EQUIP EQUIP 256-5690-569.33-33 DATA PROCESSING EQUIPMENT 2,500 3,200 - 3,200 PARKING SERVICE SOFTWARE & EQUIP PKSOFT 256-5690-569.33-33 DATA PROCESSING EQUIPMENT 24,493 - - - *TOTAL PARKING SERVICES FUND 46,993 3,200 - 3,200 Page 122 Project Name/Description Project Code ACCOUNT NUMBER ACCOUNT DESCRIPTION 2020 Revised Project Budgets 2021 Adopted Projects Amendment 2021 Amended Projects TOWN OF ESTES PARK BA#1 - 2021 BUDGET SCHEDULE OF BUDGETED PROJECTS ALL FUNDS * BRODIE AVE IMPROVEMENTS BRODIE 260-2000-420.35-51 STREETS 81,859 - - - STREET OVERLAYS OVRLAY 260-2000-420.35-51 STREETS 194,960 - - - CLEAVE STREET MAJOR REHAB CLEAVE 260-2000-420.35-51 STREETS 102,000 - - - 4TH STREET MAJOR REHAB 4STLR 260-2000-420.35-51 STREETS 3,104 - - - 3RD STREET MAJOR REHAB 3STLR 260-2000-420.35-51 STREETS - 604,200 - 604,200 OVERLAY PROGRAM 2020 OVRLAY 260-2000-420.35-51 STREETS 515,000 515,000 - 515,000 PARKING LOT REHABILITATION PARKLT 260-2000-420.35-52 PARKING LOT 95,100 175,100 - 175,100 FLAP/RAMP ESTIMATED COSTS FLAP 260-2000-420.36-60 FED GRANT - FLAP 386,065 - - - *TOTAL STREET FUND 1,378,088 1,294,300 - 1,294,300 * TRAILBLAZER BROADBAND OFFICE TBNBND 502-7001-580.32-21 BUILDINGS 1,224,343 - - - REPAVE PARKING LOT AT WOODSTOCK FACILITY 502-7001-580.32-22 BUILDING REMODELING - 50,000 - 50,000 WOODSTOCK FACILITY LANDSCAPING 502-7001-580.32-22 BUILDING REMODELING - 25,000 - 25,000 WOODSTOCK OFFICE FURNITURE TBFURN 502-7001-580.33-32 FURNITURE/FIXTURES 150,000 - - - WOODSTOCK OFFICE FURNITURE TBNBND 502-7001-580.33-32 FURNITURE/FIXTURES - - - - METERS ELMTR 502-7001-580.33-34 METERS 351,011 150,000 - 150,000 TRANSFORMER PURCHASES TRANSF 502-7001-580.33-35 TRANSFORMERS 50,000 50,000 - 50,000 HWY 7 TRIP SAVERS TRANSF 502-7001-580.33-35 TRANSFORMERS - 50,000 - 50,000 SMART METER PURCHASES SMRTEL 502-7001-580.33-36 COMMUNICATION EQUIPMENT 47,229 70,000 - 70,000 PHASING STICKS EQUIP 502-7001-580.33-41 TOOLS 15,000 15,000 - 15,000 2 REEL TRAILERS - #93370 & 93371 REELTR 502-7001-580.33-98 OTHER EQUIPMENT 48,000 - - - SIDE BY SIDE WITH TRACKS 502-7001-580.33-98 OTHER EQUIPMENT - 35,000 - 35,000 BACKYARD MACHINE BYMACH 502-7001-580.33-98 OTHER EQUIPMENT 152,000 - - - L&P FORK LIFT REPLACEMENTS - 93387A 93387A 502-7001-580.34-42 TRUCKS 65,000 - - - L&P FORK LIFT REPLACEMENT 93388A 93388A 502-7001-580.34-42 TRUCKS 105,935 - - - FORD F-550 REPLACEMENT #93327 93327A 502-7001-580.34-42 TRUCKS 209,065 - - - INTERNATIONAL 7400 REPLACEMENT #93325B 93325C 502-7001-580.34-42 TRUCKS 240,000 - - - STREET LIGHTING, POLES & FIXTURES LIGHTS 502-7001-580.35-55 STREET LIGHTS 40,000 40,000 - 40,000 CARRIAGE HILLS CAHILL 502-7001-580.35-57 POWER LINE CONSTRUCTION 515 - - - SMART FUSES (INTELLIRUPTER & TRIP SAVERS)SMTFUS 502-7001-580.35-57 POWER LINE CONSTRUCTION 167,229 - - - LINE REBUILD 2020 LRBLDS 502-7001-580.35-57 POWER LINE CONSTRUCTION 200,000 200,000 - 200,000 NEW SERVICE CONNECTIONS WOKEXT 502-7001-580.35-59 CUSTOMER SERVICE LINES 344,280 300,000 - 300,000 SMART GRID FIBER OPTIC INSTALL SMTFBR 502-7001-580.35-66 FIBER OPTIC INSTALL 300,736 - - - TRAILBLAZER BROADBAND CONSTRUCTION TBNBND 502-7001-580.35-66 FIBER OPTIC INSTALL 22,723,102 - - - GIS MAPPING IMPROVEMENTS GIS18 502-7001-580.37-01 SOFTWARE DEVELOPMENT 120,469 - - - UTILITY BILLING MODERNIZATON PROJECT UBPRTL 502-7001-580.37-01 SOFTWARE DEVELOPMENT 25,000 - - - *TOTAL POWER & COMMUNICATIONS FUND 26,578,914 985,000 - 985,000 * Page 123 Project Name/Description Project Code ACCOUNT NUMBER ACCOUNT DESCRIPTION 2020 Revised Project Budgets 2021 Adopted Projects Amendment 2021 Amended Projects TOWN OF ESTES PARK BA#1 - 2021 BUDGET SCHEDULE OF BUDGETED PROJECTS ALL FUNDS GLACIER CREEK WTP - DISCHARGE OUT STRUCTURE GCDSCH 503-7000-580.32-22 BUILDING REMODELING 160,000 - - - BROOK DRIVE WATER SHOP REMODEL (KEARNEY SHOP)KEARNY 503-7000-580.32-22 BUILDING REMODELING 1,715,453 50,000 - 50,000 GCWTP ENGINEERING FOR INTAKE & PLANT IMPR GCTRET 503-7000-580.32-22 BUILDING REMODELING - 1,650,000 - 1,650,000 GC DISINFECTION OUTREACH AND VERIFICATION EFFORT GCDOVE 503-7000-580.32-22 BUILDING REMODELING 1,283,148 - - - BROOK DRIVE WATER SHOP FURNITURE & FIXT KEARNY 503-7000-580.33-31 FURNITURE/FIXTURES 45,000 - - - GENERAL OFFICE EQUIPMENT REPLACEMENT EQUIP 503-7000-580.33-32 OFFICE EQUIPMENT 4,000 6,000 - 6,000 WONDERWARE SOFTWARE WONDER 503-7000-580.33-33 DATA PROCESSING EQUIPMENT 19,000 - - - METER REPLACEMENT PROJECT SMRTW 503-7000-580.33-34 METERS 566,457 250,000 - 250,000 SCADA UPGRADES AT GLACIER WTP GPSCAD 503-7000-580.33-36 COMMUNICATION EQUIPMENT 64,702 - - - SCADA RADIO & ANTENNA REPLACEMENT EQUIP 503-7000-580.33-36 COMMUNICATION EQUIPMENT 30,000 - - - MISC COMM EQUIP EQUIP 503-7000-580.33-36 COMMUNICATION EQUIPMENT 50,000 50,000 - 50,000 VARIOUS LAB EQUIPMENT REPL EQUIP 503-7000-580.33-37 LABORATORY EQUIPMENT 16,000 - - - VARIOUS PURIFICATION EQUIP REPL EQUIP 503-7000-580.33-40 PURIFICATION EQUIPMENT 16,000 18,000 - 18,000 CONFINED SPACE ENTRY EQUIPMENT WTTOOL 503-7000-580.33-41 TOOLS 10,000 5,000 - 5,000 SAFETY EQUIP (TRENCH BOXES AND SPEED SHORING EQUIP)WTTOOL 503-7000-580.33-41 TOOLS 10,000 - - - SAFETY EQUIP WTTOOL 503-7000-580.33-41 TOOLS 10,000 15,000 - 15,000 LEAK CORRELATOR EQUIP LEAKCO 503-7000-580.33-98 OTHER EQUIPMENT 25,000 - - - EXCAVATOR & SKID STEER ANNUAL TRADE-INS EQUIP 503-7000-580.33-98 OTHER EQUIPMENT 7,500 - - - DROP DECK TRAILER DROPDK 503-7000-580.34-42 TRUCKS 17,000 - - - 60 SERIES MINI EXCAVATOR MINEXC 503-7000-580.34-42 TRUCKS 80,000 - - - TRUCK FOR ADDITIONAL CREW 503-7000-580.34-42 TRUCKS - 32,000 - 32,000 344 LOADER 503-7000-580.34-42 TRUCKS - 97,000 - 97,000 JOBSITE UTV 503-7000-580.34-42 TRUCKS - 20,000 - 20,000 FORKLIFT 503-7000-580.34-42 TRUCKS - 50,000 - 50,000 2011 FORD F-350 UNIT 9037A REPL 9037B 503-7000-580.34-42 TRUCKS - 70,230 - 70,230 2007 FORD F-150 UNIT 90311A REPL 90311B 503-7000-580.34-42 TRUCKS - 30,319 - 30,319 PRV VAULT METERING PRVMTR 503-7000-580.35-54 WATER SYSTEM 17,000 - - - PEMPWCo SYSTEM DESIGN & CONSTRUCTION PEMPWC 503-7000-580.35-54 WATER SYSTEM 10,678 - - - PROSPECT MTN WATER DIST - LOAN IMPROVEMENTS PMLOAN 503-7000-580.35-54 WATER SYSTEM 10,987,759 - - - MORAINE BRIDGE SOUTH - WATER MOBS17 503-7000-580.35-54 WATER SYSTEM 4,635 - - - PRESSURE REDUCTION VALVE/METERING PRVLM 503-7000-580.35-54 WATER SYSTEM 16,000 - - - SCHOOL NEW SVC LINE SCHOOL 503-7000-580.35-54 WATER SYSTEM 14,650 - - - 18" MAIN VALVE INSTALLATIONS 18VALV 503-7000-580.35-54 WATER SYSTEM 120,000 - - - NCWCD MUNICIPAL SUBDISTRICT INCLUSIONS NCWCD 503-7000-580.35-54 WATER SYSTEM 42,000 21,000 - 21,000 GLACIER CREEK WTP INTAKE ENGINEERING GCINTK 503-7000-580.35-54 WATER SYSTEM 120,000 - - - CIP ROCKWELL/WEST RIVERSIDE DR 16" MAIN ROCKWL 503-7000-580.35-54 WATER SYSTEM 291,459 - - - CIP BUREAU AREA PHASE 3 WTBRP3 503-7000-580.35-54 WATER SYSTEM 596,609 - - - CIP BUREAU AREA PHASE 4 WTBRP4 503-7000-580.35-54 WATER SYSTEM - 650,000 - 650,000 CIP BIG THOMPSON AVE (HWY 34) MAIN BTHOMP 503-7000-580.35-54 WATER SYSTEM - -- - MALL ROAD-HWY36 CROSSING MALL36 503-7000-580.35-54 WATER SYSTEM 25,599 - - - 1360 BROOK DRIVE WATER SHOP WATERLINE (KEARNEY SHOP)KEARNY 503-7000-580.35-54 WATER SYSTEM 40,000 - - - PARKING STRUCTURE WATERLINE PKGWTR 503-7000-580.35-54 WATER SYSTEM 100,000 - - - BIG HORN DR WATER MAIN REPL BHWTRM 503-7000-580.35-54 WATER SYSTEM 124,797 193,397 - 193,397 SPRUCE DRIVE WATER MAIN REPL SPWTRM 503-7000-580.35-54 WATER SYSTEM 295,496 - - - DEVILS GULCH WATER LINE EXTENSION DEVEXT 503-7000-580.35-54 WATER SYSTEM 12,000 - - - Page 124 Project Name/Description Project Code ACCOUNT NUMBER ACCOUNT DESCRIPTION 2020 Revised Project Budgets 2021 Adopted Projects Amendment 2021 Amended Projects TOWN OF ESTES PARK BA#1 - 2021 BUDGET SCHEDULE OF BUDGETED PROJECTS ALL FUNDS GC DISINFECTION OUTREACH AND VERIFICATION EFFORT GCDOVE 503-7000-580.35-54 WATER SYSTEM 10,044,000 - - - CARRIAGE DRIVE WATER MAIN REPL CAHILL 503-7000-580.35-54 WATER SYSTEM 271,079 - - - UTILITY MASTER PLAN WTRMPL 503-7000-580.35-62 UT SYSTEM MASTER PLAN 30,000 - - - WTR RISK ASSESSMT & EMERG RESPONSE PLAN UPDATE WTREMG 503-7000-580.35-62 UT SYSTEM MASTER PLAN 50,000 50,000 - 50,000 GIS WORK WTRGIS 503-7000-580.37-01 SOFTWARE DEVELOPMENT 28,816 - - - LAB MGT/OVERALL DATA MGT SOFTWARE WLSOFT 503-7000-580.37-01 SOFTWARE DEVELOPMENT 15,406 - - - UTILITY BILLING MODERNIZATON PROJECT UBPRTL 503-7000-580.37-01 SOFTWARE DEVELOPMENT 5,000 - - - CIP USA WATER RIGHTS WITH BOR WTRRBR 503-7000-580.37-10 WATER RIGHTS 49,690 - - - WATER RIGHT ACQUISITION/RENEWAL WTRRIT 503-7000-580.37-10 WATER RIGHTS 20,000 20,000 - 20,000 *TOTAL WATER FUND 27,461,933 3,277,946 - 3,277,946 * PURCH WATER SHOP FOR NEW FLEET MAINT FAC FLSHOP 612-7000-610.32-21 BUILDINGS - 265,000 - 265,000 DESIGN FOR REMODEL OF WATER SHOP FOR PW FLSHOP 612-7000-610.32-22 BUILDING REMODELING 10,000 242,000 - 242,000 ELECTRIC TROLLEY FACILITY & CHG STATION 612-7000-610.32-22 BUILDING REMODELING - 376,000 - 376,000 *TOTAL FLEET MAINTENANCE FUND 10,000 883,000 - 883,000 * NEW NETWORK SERVER NETWRK 625-2500-425.33-98 OTHER EQUIPMENT 40,000 44,000 - 44,000 NEW NETWORK SWITCHES / WIFI COMPONENTS NETWRK 625-2500-425.33-98 OTHER EQUIPMENT 10,000 10,000 - 10,000 NAS/BACKUP COMPONENTS NETWRK 625-2500-425.33-98 OTHER EQUIPMENT 20,000 20,000 - 20,000 VERIZON ROUTER REPLACEMENT NETWRK 625-2500-425.33-98 OTHER EQUIPMENT 5,000 - - - EDGE ROUTER REPLACEMENT NETWRK 625-2500-425.33-98 OTHER EQUIPMENT 5,000 5,000 - 5,000 IT REMOTE ACCESS SOFTWARE (BONGAR)NETWRK 625-2500-425.37-01 SOFTWARE 8,439 - - - *TOTAL INFORMATION TECHNOLOGY FUND 88,439 79,000 - 79,000 * POLICE G-106A 2004 FORD EXPLORER G-106A 635-7000-435.34-42 TRUCKS 43,527 - - - POLICE G-155 CRUISER G-155 635-7000-435.34-42 TRUCKS 45,000 - - - POLICE NEW UNIT FOR NEW OFFICER POSITION G-153 635-7000-435.34-42 TRUCKS 25,401 - - - POLICE CRUISER G-98A G-98B 635-7000-435.34-42 TRUCKS 64,000 - - - STREETS -NEW STREET SWEEPER COMBINE G116A & G97B G116A 635-7000-435.34-42 TRUCKS 248,526 - - - PARKS G-66B G66C 635-7000-435.34-42 TRUCKS 42,000 - - - FLEET G-61 G61A 635-7000-435.34-42 TRUCKS 70,450 - - - *TOTAL VEHICLE REPLACEMENT FUND 538,904 - - - * *TOTAL PROJECT RECAP 62,681,091$ 7,145,946$ 550,000$ 7,695,946$ Page 125 TOWN OF ESTES PARK ESTES PARK,COLORADO PARKING OPERATIONS AGREEMENT TOWN OF ESTES PARK AND THE CAR PARK, LLC ATTACHMENT 3 Page 126 TABLE OF CONTENTS I.[§ 100] SUBJECT OF AGREEMENT ................................................................... 1 A.[§ 101] Purpose of This Agreement .. ...................................................................... 1 B.[§ 102] Ordinance 30-19 Amends Title 10 Of The Municipal Code To Provide Paid Parking ..................................................................................................................... 1 C.[§ 103] Project Areas .............................................................................................. 2 D.[§ 104] Parking System ........................................................................................... 2 E.[ § 105] Parties to This Agreement .. ........................................................................ 3 II.[ § 200] TERM, CANC ELLATION, AND RENEW AL. ........................................ 3 III.[ § 300] OPERATIONS ........................................................................................... 4 A.[ § 301] Operations in General.. ............................................................................... 4 B.[§ 302] Operational Objectives and Standards ....................................................... 7 C.[§ 303] Hours .......................................................................................................... 8 D.[§ 304] Rates Enforcement and Parking Commitments ......................................... 8 E.[ § 305] Maintenance, Repair and Inspection Obligations of Operator ................... 8 F.[§ 306] Finance Procedure ...................................................................................... 9 G.[§ 307] Performance Requirements and Assessment. ........................................... 10 H.[§ 308] Alterations ................................................................................................ 11 I.[§ 309] Authority to Contract Limited .................................................................. 11 J.[§ 310] Damage by Operator ................................................................................ 11 K.[§ 311] Agreement Not a Tenancy ........................................................................ 12 L.[ § 312] Independent Contractor ............................................................................ 12 M.[§ 313] Procurement Requirements and Guidelines ............................................. 12 IV.[§ 400] PERSONNEL ........................................................................................... 12 A.[§ 401] Selection and Salaries ............................................................................... 12 B.[§ 402] Equal Opportunity and Americans with Disabilities Act.. ....................... 13 C.[ § 403] Personnel Guidelines ................................................................................ 13 V.[§ 500] PAYMENTS TO OPERATOR, BUDGET, ANNUAL REPORTS, BOOKS, AND RECORDS ............................................................................................... 14 A.[ § 501] Fees and Insurance Costs ......................................................................... 14 B.(§ 503] Operating Expenses .................................................................................. 15 C.[§ 507] Taxes ....................................................................................................... 17 D.[§ 508] Budget ..................................................................................................... 17 E.[§ 509] Accounts, Reports, and Audits ................................................................ 17 VI.[§ 600] INDEMNITY AND INSURANCE, ......................................................... 18 A.[ § 601] Property Damage or Injury Indemnification ............................................ 18 B.[§ 602] Insurance .................................................................................................. 18 C.[§ 603] General Insurance Requirements ............................................................. 19 VII.[§ 700] DEFAULTS, REMEDIES, TERMINATION, AND ALTERNATIVE DISPUTE RE SOLUTION ................................................................................................ 19 A.[§ 701] Surrender of System ................................................................................. 19 B.[§ 702] Effect of Default ....................................................................................... 19 -1 - Page 127 C.[§ 703] Legal Actions ........................................................................................... 20 D.[§ 707] Rights and Remedies Are Cumulative ..................................................... 21 E.( § 708] Attorney Fees ........................................................................................... 21 F.[§ 709] Choice of Law .......................................................................................... 22 VIII.[§ 800] MISCELLANEOUS ................................................................................. 22 A.[§ 801] Notice ....................................................................................................... 22 B.[§ 802] Compliance with Laws and Ordinances ................................................... 22 C.[§ 803] Rules and Regulations .............................................................................. 23 D.[§ 804] Assignability by Operator ........................................................................ 23 E.[§ 805] Damage, Destruction, or Sale ................................................................... 23 F.[ § 806] Handicapped Parking ............................................................................... 23 G.[§ 807] Option to Add Parking Facilities/ Option to Delete Parking Facilities ... 23 H.[§ 808] Free or Reduced Fee Use of Parking Facilities ........................................ 23 I.[§ 809] Event Parking ........................................................................................... 24 J.[§ 810] Agency's Right to Inspect and Make Repairs .......................................... 24 K.[ § 811] Descriptive Headings ............................................................................... 24 L.[§ 812] Severability ............................................................................................... 24 M.[§ 813] Parties in Interest ...................................................................................... 25 N.[§ 814] Not a Lease .............................................................................................. 25 0.[§ 815] Governmental Action ............................................................................... 25 P.(§ 816] Inspection of Books and Records ............................................................. 25 Q.[§ 817] Identity and Authority of Agency ............................................................ 25 R.[§ 818] Ide ntity and Authority of Operator ........................................................... 26 IX.[§ 900] COUNTERPARTS ................................................................................... 26 X.[§ 1000] ENTIRE AGREEMENT, WAIVERS, AND AMENDMENTS ............ 28 XI.[§ 1100] EFFECTIVE DATE OF AGREEMENT ............................................... 28 - ii - Page 128 PARKING OPERATIONS AGREEMENT THIS AGREEMENT is effective as of the l�day of ..)c.N, .. 2020, by and between the TOWN OF ESTES PARK, COLORADO, ("Agency") and The Car Park, LLC, a Delaware Limited Liability Company ("Operator"), individually referred to as a "Party" and collectively as the "Parties". Agency and Operator agree as follows: I.[§ 100]SUBJECT OF AGREEMENT A.[§ 101] Purpose of This Agreement The purpose of the Agreement is to effectuate Ordinance 30-19 amending Title IO of the Municipal Code of the Town of Estes Park on Vehicle and Traffic to Provide Paid Parking (the "Parking Management Plan") by providing for the operation of public parking facilities (the "Parking System" or "System") included within the boundaries of the Town of Estes Park (the "Project Areas"). The operation of the Parking System, pursuant to this Agreement and the fulfillment generally of this Agreement, is in the vital and best interests of the Town of Estes Park, Colorado (the "Town"), and the health, safety, and welfare of its residents and in accord with the public purposes and provisions of applicable federal, state, and local laws and requirements. B.[§ 102] Ordinance 30-19 Amends Title 10 of the Municipal Code toProvide Paid Parking This Agreement is subject to the provisions of the Ordinance, as follows: 1.The Town Board of Trustees may by resolution establish locations for which paid parking must be paid, the amounts and schedules required to be paid, applicable hours, and seasonal enforcement dates. All required fees shall be paid by any method approved by the parking and transit manager ("Manager"), and these may include, without limitation, paper bills, coins, credit cards, cellphone or internet payment, and validation. The Town Board of Trustees may identify a number of stalls within a lot for paid parking, and delegate to the Manager the responsibility of designating the specific stalls. 2.The Manager shall propose parking rates for the following season to the Town Board of Trustees by December 15th of each year. The seasonal parking rates in town-controlled parking areas shall be intended to produce a target measured occupancy of 85 percent or less during peak visitation periods within the designated parking lots in order to: PARKING OPERATIONS AGREEMENT - l Page 129 a, Support the Town's business districts by making parking available and encouraging economic development; b.Maintain adequate turnover of Town-controlled parking spaces; c.Encourage an adequate amount of parking availability for a variety of parking users, efficient use of Town-controlled perimeter parking locations (parking structure and Events Complex Park-N-Ride), and enhanced use of the Town's, free shuttle system and other transportation alternatives; and; d.Reduce congestion in travel lanes caused by drivers seeking available parking. C.[§ 103]Project Areas The Project Areas are located in the Town of Estes Park. A map of the Project Areas and the existing parking in the System are attached as Exhibit A. D.[§ 104] Parking System The Parking System means those public on-street and off-street parking and garage and other parking facilities listed in Exhibit A ("Parking Facilities") The terms of this Agreement shall apply to each of the Parking Facilities described in Exhibit A unless otherwise specified. The term Parking System or System used hereafter shall refer to any of the Parking Facilities described in Exhibit A, unless otherwise specified. For convenience in this Agreement, the term parking garage refers to one type of parking facility that may be included in the System. Agency may close, dispose of, acquire, or construct other parking spaces, parking lots, garages and parking facilities, which the Agency may determine in its sole discretion should be added to or deleted from the System. Any such parking facility added to the System shall be operated under the terms and conditions of this Agreement, and amendments to this Agreement shall be completed to reflect the addition of such parking facility, which amendments shall include appropriate negotiated adjustments to Operator's compensation. Agency shall provide Operator forty-five (45) days' written notice of any such addition or subtractions to the System. Likewise, should any of the parking facilities be closed, inoperable, untenable, or disposed of, amendments to this Agreement shall be completed to reflect the deletion, which amendments shall include appropriate negotiated adjustments to Operator's compensation. PARKING OPERATIONS AGREEMENT- 2 Page 130 II. E.[§ l0SJParties to This Agreement 1.[§ 106] Agency The office of Agency is located at, 170 MacGregor A venue. Estes Park. Colorado. 2.[§ 107]Operator Operator, The Car Park LLC., is headquartered at 702 West Idaho Street, Suite 400, Boise, Idaho 83702. Operator is a Delaware Limited Liability Company. Operator shall staff a local operating business office for purposes of operation of the Parking System and contact and communication with Agency, parking customers and the general public, as further described in Section 301 of this Agreement. [§200]TERM, CANCELLATION, AND RENEW AL The initial term of this Agreement shall commence January 15, 2020 and continue through December 31, 2020. Agency shall have, in its sole discretion, the option to renew and extend the terms of this Agreement for four one-year increments, renewable each year; such extended term to begin upon the expiration of the term of this Agreement, and all terms, covenants, and provisions of this Agreement shall apply to such extended term. If Agency shall elect to exercise such option, it shall do so not later than thirty (30) days prior to the expiration of the Agreement. Operator agrees that by entering into this Agreement, it obtains no additional rights or privileges in the future regarding the operation of the Parking System and agrees that Agency has not waived or abrogated any power or discretion it has regarding the operation of the System upon termination of this Agreement. Non-enforcement of any condition or obligation of this Agreement by Agency shall not be considered a waiver of any other condition or obligation imposed by this Agreement. Further, either Agency or Operator may cancel this Agreement at any time by providing a written notice of cancellation one hundred and twenty (120) days prior to cancellation. Prior to the termination or cancellation of the Agreement, Operator agrees to assist Agency with the orderly transition of the responsibilities for operation and maintenance of the System to ensure a seamless transition to a replacement operator. If necessary, Operator agrees to provide such services after the effective date of the termination or cancellation of the Agreement for compensation to be negotiated, in good faith, by the Parties, which shall in no event be an amount above the total sum paid to Operator in the thirty (30) day period prior to the effective date of the termination or cancellation for Operator's management fee. PARKING OPERATIONS AGREEMENT -3 Page 131 III.[§ 300] A. OPERATIONS [§301]Operations in General Operator agrees to manage and operate the Parking System in a professional, economical and businesslike manner, satisfactory at all times to Agency. Operator agrees to accomplish the following unless otherwise directed by Agency. 1.Staff a business and permit sales office ("Parking System Office") in Town Hall located at 170 MacGregor A venue. 2.Employ parking staff (e.g. cashiers, supervisory staff, management staff and office administrative staff) and perform associated responsibilities including but not limited to employee re cruitment, orientation, training, evaluation and discipline. 3.Provide on-going customer service in a friendly and professional manner, tracking and resolving any and all customer service related issues. 4.Use Operator's best efforts in every proper manner to maintain and develop the customer base of the System. 5.Perform cashiering and daily, weekly, and monthly auditing and reconciliation. 6.Perform routine patrols of the system to enforce the parking rules as set forth by the Agency. Including the issuing of citations, collection of citations, adjudication of citations, and immobilizing vehicles. 7.Provide bookkeeping and accounting functions such that gross revenues and expenses are individually computed for each Parking Facility listed in Exhibit B to this Agreement and as more fully described in Section 506 of this Agreement. 8.Contract with permit parkers, and bill and collect payment for permit parking in accordance with such contracts. 9.Sell parking validations to those entitled allowed to purchase and use validations and honor said validations in accordance with the validation program established by Agency. Agency may modify the validation program in the future at its sole discretion. PARKING OPERATIONS AGREEMENT - 4 Page 132 10.Ensure that customers of the Parking System pay the proper amount for parking and are not permitted to park free of charge except upon express direction of Agency or in compliance with the Parking Management Plan. 11.Pursue payment and collect parking revenues from past due accounts and unpaid fines, fees, and other charges consistent with Agency's collections policy established by Agency and Operator in accordance with Section 302. 12.Perform routine maintenance of and repairs to the Parking Facilities in accordance with Section 305. 13.Maintain all Parking System operating equipment and implement a preventative equipment maintenance program in accordance with Section 305. 14.Provide operational and maintenance supplies as are reasonably necessary to operate the Parking System. 15.Coordinate with Public Works to identify, select and procure appropriate Parking Access Revenue Control (PARCS) technologies, including parking meter infrastructure/hand-held devices, cash payment options, and mobile payment options. 16.Coordinate with Public Works, the Public Information Officer and Visit Estes Park to create a robust public education and communication campaign, including website updates, instructional videos, collateral material, signage, social media and traditional media, and public outreach; 17.Create and implement a new employee parking permit and incentive program for those willing to park in perimeter lots. Assess and expand the existing residential permit program. 18.Define a seasonal event parking management strategy for both paid and unpaid Parking Facilities. 19.Propose a customer service program offering such services as: customer appreciation days, vehicle location assistance, vehicle lock-out assistance, tire inflation, etc. Implement those service s approved and included in the Parking System budget by Agency. 20.Coordinate the operation of the Parking Facilities with Public Works contractors and tradespeople hired by Agency to perform PARKING OPERATIONS AGREEMENT-5 Page 133 work on a specific Parking Facility or to the System. Assist with such tasks as creating temporary construction and storage areas, routing of traffic, and the shut down and activation of Parking Facility systems. 21.Be knowledgeable regarding federal, state and local regulations that apply to the operation, maintenance and repair of a public parking system including but not limited to building and safety regulations and inspection requirements, environmental regulations and procurement regulations and policies. Conduct operations of the Parking System so they comply with applicable federal, state and local regulations. 22.Assist with the development of necessary operating policies and procedures. Implement policies and procedures approved by Agency. 23.Provide daily, monthly, and annual operations and financial reports. 24.Track parking-related statistics for all Parking Facilities (e.g., parking occupancies, durations, ticket data, allocations, revenues, expenses, and customer service, maintenance, and safety/security activities). 25.Provide parking management advice as necessary concerning operations, pricing, marketing, customer surveys, etc. Implement an outreach and marketing program approved and included in the Parking System budget by Agency. Prior to execution, Operator shall submit to Agency for review any contract with an independent contractor to supply the services enumerated in this Section 301, which has a contract value of more than $3,000.00, including but not limited to staffing; accounting and reporting; cleaning, maintenance and repair; collections, security, marketing and customer surveys. Agency shall have the right to approve the contractor selected by Operator to provide these services, which approval shall not be unreasonably withheld. In contracting for such services, Operator shall comply with applicable state and local procurement requirements as stated in Section 313. Operator shall not engage in any other business in any part of the Parking System or the Parking Facilities other than to provide additional services such as activating inoperative vehicles as requested by a customer of the System or similar parking customer services, which services have been approved by Agency by a written letter of approval. Operator shall provide to Agency a list of all costs for such approved, PARKING OPERATIONS AGREEMENT - 6 Page 134 additional services,-and these costs shall be approved by Agency by written letter of approval prior to the imposition of said costs for such services. Operator shall report to Agency any and all damages or vandalism to any of the Parking Facilities and any and all claims for loss or damage to vehicles utilizing any Parking Facility, it being understood that Operator assumes full responsibility for processing and settling all such claims for loss or damage to vehicles utilizing any Parking Facility. Operator shall also notify Agency in writing of any and all claims identified or filed against Operator and/or Agency, immediately upon discovery of any such claim. B.[§ 302] Operational Objectives and Standards Operator shall be responsible for the day-to-day operation of the Parking System in a manner that ensures the safe, attractive, clean, and customer-friendly operation of the System. Annually, during the budgetary process described in Section 508 of this Agreement, Agency and Operator shall agree upon a program of objectives and operational standards ("'Parking System Annual Program" or "Annual Program") for the following fiscal year which shall address: how the System is to be operated, maintained and marketed; customer service; technology upgrades; capital investments, etc. The Annual Program shall include Agency's collections policy and a target for collection of past due accounts and unpaid fines, fees, and other charges established by Agency and Operator. Operator shall submit its draft proposal for the Annual Program by February 14. 2020for Agency's 2020 fiscal year, and similarly in 2021, 2022 and 2023, if Agency exercises the extensions provided in this Agreement. Agency and Operator shall prepare the final Annual Program, guided by the provisions of Agency's Downtown Parking Management Plan (Attachment 1), the Parking Management Request for Proposal (Attachment 2), Resolution 37-19 (Attachment 3), and The Car Park Services and Fee Proposal (Attachment 4) and the operational standards mutually acceptable to Agency and Operator. Agency and Operator may also refer to the National Parking Association's (NPA) Parking Garage Maintenance Manual or any other compilation of standards deemed useful by Agency and Operator. The final Annual Program shall be reduced to writing and made a part of Agency's overall budget for the subsequent year. Operator acknowledges that the Annual Program described herein shall be effective only when included within Agency's overall budget. The proposed Annual Program shall also include a description of the employee orientation and training program and customer service assessment and improvement program that Operator intends to implement as part of the budget proposed for the upcoming fiscal year ("Annual Employee Training and Customer Service Programs"). The Annual Employee Training and Customer Service PARKING OPERATIONS AGREEMENT- 7 Page 135 Programs shall include, but not be limited to, a comprehensive customer service training program for Operator's employees and for staff supplied to operate the Parking System by any independent contractor. If Agency decides to amend or update the operational standards in the Parking Management Plan, Operator shall, upon Agency's request, provide feedback and suggestions concerning Agency's operational standards. C.[§ 3031Hours Operator agrees to operate the Parking System during the term of this Agreement and manage paid parking on the days and during the hours established by Agency in Resolution 37-19. Hours of operation may be changed from time to time by Agency upon written notice given by Agency, and any such changes shall take effect on the dates stipulated by such notice. D.[§ 304] Rates Enforcement and Parking Commitments Operator agrees to charge and collect rates for parking motor vehicles that shall be established by Agency from time to time as set forth in the Parking Management Plan or otherwise approved by the Estes Park Board of Trustees. Operator agrees that Agency may change parking rates from time to time at its sole discretion. New rates established shall become effective on the dates stipulated by Agency. Operator is encouraged to, with or without any specific request, recommend to Agency changes in parking rates. Operator shall prepare and submit to Agency for its approval a parking enforcement policy to cover paid parking in designated areas, extended (overtime) parking, and the prevention of unauthorized parking. Such action may include the issuance of parking violations for violating Agency's parking regulations. E.[§ 3051Maintenance, Repair and Inspection Obligations of Operator Operator shall be responsible for the day-to-day maintenance and repair of the Parking System in a manner that ensures the cleanliness, safety, and attractiveness of all the System. Such services shall include, but not be limited to, cleaning, trash removal, cleaning stairwells and landings; and maintenance and repair to parking access and revenue control system ("PARCS") equipment not requiring a manufacturer's authorized technician ("Routine Maintenance and Repair"). Minor maintenance and repair are defined as maintenance and repair costing less than $3,000.00 per occurrence ("Minor Maintenance and Repair"). For maintenance and repair costing more than $3,000.00 per occurrence, Operator shall contact Agency for further instruction and authorization. PARKING OPERATIONS AGREEMENT - 8 Page 136 Operator further agrees to maintain the System, the equipment provided by Agency, and all parts thereof, in good condition and repair and in as safe condition as its operation will reasonably permit, and make all repairs thereto that may be reasonably necessary for this purpose including, but not limited to, the following: 1.Maintain all P ARCS equipment. 2.Where an equipment warranty requires maintenance and/or repair by a manufacturer's authorized technician, Operator shall obtain services from an authorized technician. When a piece of equipment subject to warranty malfunctions or breaks down, and an authorized technician is not expected to be available within a time defined by Agency as reasonable, Operator shall notify and consult with Agency. 3.Maintain the Parking Facilities and Parking System Office ("Premises") in a clean, presentable condition and not allow dirt, paper, or trash of any kind to accumulate in or upon the Premises. Agency shall use maintenance standards of the NP A Maintenance Manual, or other recognized parking industry maintenance standards acceptable to Agency and Operator, as a guide in monitoring Operator's performance. Prior to execution, Operator shall submit to Agency for review any contract with an independent contractor to supply the services enumerated in the Section 305, which has a contract value of more than $3,000.00 including but not limited to repair, maintenance and inspection services and public works construction. Agency shall have the right to approve the contractor selected by Operator to provide these services, which approval shall not be unreasonably withheld. In contracting for such services and public works construction, Operator shall comply with applicable state and local procurement requirements as stated in Section 313 in this Agreement. Operator shall comply with procurem ent requirements in state and local law and policy that apply to Agency whenever Agency funds are being used either directly or indirectly for procurement of public works construction, personal property, personal or professional services, and services from design professionals, professional land surveyors and construction managers. F.[§ 306]Finance Procedure "Gross Revenues" shall include all revenues collected by Operator or Agency from the parking of vehicles. Operator shall deposit said gross revenue in a bank account identified by the Agency as soon as practical but no later than the next banking day following receipt of any Gross Revenues. PARKING OPERATIONS AGREEMENT - 9 Page 137 By the 20 th of each month Operator shall prepare and submit final monthly profit and loss statements as well as any incidental financial or operating statements as deemed necessary by Agency or as the normal course of operation shall dictate. All source records of gross revenues, which shall include but not be limited to parking tickets, cash regis ter tapes, shift reports, master reports, daily revenue reports, whether computer generated or manually generated, shall be kept by Operator at all times. These records are owned by Agency but shall be maintained by Operator for one year from the date the annual financial report is delivered to and accepted by Agency. At the end of the one-year period, these records shall be delivered to Agency for further disposition. Agency shall provide and maintain such storage facilities as necessary to facilitate the storage of the above records and shall provide reasonable access to such facilities. All databases for such purpose shall be maintained by Operator. Operator shall assure that adequate hard copies and data backups are done on a routine basis and stored on an approved media for a period of time requested by Agency. Operator shall pursue payment and collect parking revenues from past due accounts and unpaid fines, fees and other charges consistent with Agency's collections policy and the target for collections established in the Annual Program as provided in Section 302. G.[§ 307]Performance Requirements and Assessment Operator shall submit to Agency proposed performance measures for the initial term by February 14, 2020. Agency and Operator shall establish mutually agreed upon performance measures by March 27, 2020. Operator shall submit a written report to Agency providing an assessment of its performance relative to the agreed upon performance measures by November 6, 2020, and present the performance report to the Town Board at a public study session on or before November 24, 2020. Agency shall provide to Operator by December 18, 2020, an initial performance assessment and recommended performance objectives and improvements for the period from January 1, 2021to December 31, 2021(if Agency exercises its option to extend the Agreement.) During each extension exercised by Agency, Operator shall submit a written report to Agency which shall assess: PARKING OPERATIONS AGREEMENT-10 Page 138 1.Operator's compliance under the terms of this Agreement with specific emphasis on the requirements set forth in Sections 301,302, 305, 306, 307, 403, 506 and 509. 2.Operator's performance relative to the performance measures established for the preceding twelve months. 3.Other items appropriate under the terms of this Agreement. The results of this performance review inform the negotiation of the management fee and any performance bonus included in Operator's budget for the subsequent fiscal year. During the term of this Agreement, Operator and Agency shall conduct periodic informal performance conferences to discuss Operator's performance including accomplishments relative to agreed-upon performance measures and operational standards and any need for performance improvements. Agency shall create a written summary of this conference, and if needed, an action plan shall be included and provided to Operator. Operator and Agency shall conduct periodic on-site tours of the Parking System as needed to identify items needing attention or improvement and shall create by mutual agreement a checklist of action items for Operator and Agency to address. H.[§ 308] Alterations Operator shall make no alterations or additions to the Premises and appurtenances without prior written consent of Agency. It is expressly agreed that all appur tenances, presently or hereafter located in and upon the Premises, whether affixed thereto or not, are and shall remain the property of Agency. I.[§ 309]Authority to Contract Limited No employee or agent of Operator shall contract directly or indirectly, either as an owner, employee, or agency, for services over and above his duties or scope of employment, except with the prior written approval of Agency. J.[§ 310]Damage by Operator Operator shall pay for and repair any damage to the Parking System or the Parking System Office equipment therein caused by the negligence of its employees. Such cost and repair shall not be a reimbursable operating expense. PARKING OPERATIONS AGREEMENT -11 Page 139 IV. K.[§ 311]Agreement Not a Tenancy Nothing in this Agreement shall be construed as creating a tenancy between Agency and Operator, nor shall Operator be deemed to have the right of occupancy to the Parking System or the Parking System Office or any part thereof. L.[§ 312]Independent Contractor The Parties agree that, except as hereinafter specif ied, Operator shall render services to Agency as an independent contractor and not as an employee of Agency. No Agency official or employee shall supervise the Operator. The Operator will exercise no supervision over any employee or official of the Agency. The Operator shall not represent that Operator is an employee or agent of the Agency in any capacity. The Operator has no right to Worker's Compensation benefits from the Agency or its insurance carriers or funds. Operator shall pay any federal and state income tax on money earned under this Agreement. M.[§ 313] Procurement Requirements and Guidelines Operator shall follow the statutory procurement requirements as set forth in Colorado Code and procurement guidelines in Agency's Procurement Policy when procuring any goods or services. [§400]PERSONNEL A.[§ 401] Selection and Salaries Operator agrees to secure, furnish, train, and pay for all personnel as are reasonably necessary to be employed in the successful operation of the System. Such personnel shall include a full-time, year-round, on-site general manager ("General Manager") for the System, beginning no later than March 1, 2020, the selection and salary being subject to the approval of the Agency. Any and all employees of Operator, or other persons, while engaged in the performance of any work or services required by Operator under this Agreement, shall be considered employees or agents of Operator only, and not employees of Agency or have any contractual relationship with Agency. Any and all claims that may or might arise under the Worker's Compensation Act of the State of Colorado similar act on behalf of said employees or other persons while so engaged in any work or services provided to be rendered herein, shall be the sole obligation and responsibility of Operator. PARKING OPERATIONS AGREEMENT-12 Page 140 B.[§ 402]Egual Opportunity and Americans with Disabilities Act All persons employed or applying for employment with Operator shall: (a) have and be entitled to the full and equal benefit of all laws and proceedings for the security of persons and properties; (b) have and be entitled to equal employment opportunities devoid and free from bias, discrimination, harassment, or intimidation because of race, color, religion, national origin, sex, sexual orientation, gender identity/ex pression, age, physical/mental handicap, marital status, disability, or veterans status; and (c) be subject to like punishments, penalties, licenses, and exactions of every kind. Operator as an employer is hereby required to provide equal employment opportunities to the end that all Operator employees shall be recruited, appointed, assigned, and promoted solely upon the basis of a bona fide occupational qualification and individual merit and free from bias, discrimination, harassment or intimidation on account of race, color, religion, national origin, sex, sexual orientation, gender identity/expression, age, physical/mental handicap, disability, or veterans status. Operator shall also be familiar with and adhere to the specific provision of the Americans with Disabilities Act of 1990 relating to Title I -Employment and Title II -Public Services. Additionally, Operator will ensure that any suppliers or subcontractors functioning under this Agreement shall also be in compliance with the aforementioned Titles. C.[§ 403] Personnel Guidelines Operator further agrees to: 1.Select staff with attention to meeting the objectives and standards set by Agency for the System. 2.Provide an on-going comprehensive orientation and training program for its employees assigned to the System, and for any staff supplied by an independent contractor for operation of the System. Such program shall be submitted in writing to Agency no later than the time set forth in Section 302 of this Agreement. 3.Establish a performance review process for staff which includes, at a minimum, setting annual performance goals, an annual performance assessment and periodic feedback on how staff is meeting its performance goals. 4.Educate staff as to the objectives and standa rds contained in the Annual Program for the System and include how staff performs PARKING OPERATIONS AGREEMENT -13 Page 141 v.[§ 500] A. relative to these objectives and standards in staff performance reviews. 5.Maintain a close watch over attendants to ensure that they discharge their duties in a safe, courteous, and efficient manner and maintain a high standard of safety and service to the public. 6.Ensure attendants shall wear appropriate uniforms and present a neat and clean appearance at all times. Operator shall obtain approval from Agency as to color and design of the uniforms. Uniforms shall use the logo established by Agency for the Parking System and not Operator's logo. 7.Sup ervise and train personnel to provide friendly customer service to all users of the System and visitors to the Parking System Office. 8.Ensure staff furnishes customer service on a fair, equal, and non discriminatory basis to all users of the System. PAYMENTS TO OPERATOR.BUDGET, ANNUAL REPORTS, BOOKS, AND RECORDS [§501]Fees and Insurance Costs 1.[§ 502]Fee for the System Agency shall pay to Operator an annual management fee as stated in Exhibit C. This fee shall be divided over twelve equal monthly installments. The amount of the fee for Agency's subsequent fiscal years i.e., FY 2021, 2022, 2023 and 2024 (if Agency exercises its option to extend the Agreement) shall be negotiated and determined by a mutual writing each year prior to Agency's approval of its subsequent fiscal year's annual operating budget. This amount shall be referenced in the Agency's written exercise of its option for each respective successive year, and the fee shall not exceed such referenced amount. At the conclusion of the initial term and any one-year extension exercised by Agency; Operator shall be eligible for a performance bonus ranging from 0- 7 .5% of the management fee for the fiscal year just ending. The performance bonus percentage shall be based on Operator's annual performance review by the Agency for the fiscal year just ending. The performance review shall be based on performance measures previously established by Agency and Operator and shall be conducted as described in Section 308 of this Agreement. Agency shall pay Operator's performance bonus in a lump sum payment no later than December 31 PARKING OPERATIONS AGREEMENT-14 Page 142 of the fiscal year just ending. Agency's fiscal year is the January 1 through December 31 calendar year. The fee is intended to cover all administrative costs and expenses incurred by Operator as well as any and all operating expenses not defined as reimbursable operating expenses in Section 505 and not defined as indirect costs in Section 506 of the Agreement. B. [§ 503]Operating Expenses 1.[ § 504] Reimbursement for Operating Expenses Operator shall pay all operating expenses as they come due. Agency shall reimburse Operator for its monthly cost of operation in the following manner: Operator will deliver to Agency on or before the twentieth (20th) day of the following month the financial reports and costs to operate the System. Reports shall be in a format and at a level of detail acceptable to Agency, with supporting documentation as required by Agency. Costs shall only include items defined in direct and indirect operating expenses in Sections 505 and 506, and as further defined in Operator's approved annual operating budget. If the Gross Revenue for any month are insufficient to cover Operators operating expenses, Agency will reimburse Operator within fifteen (15) days following receipt and acceptance of the financial reports for the balance due and owing to Operator. 2.[§ 505] Operating Expenses Defined "Operating Expenses," as defined in this section, means and is limited to the cost of: •Salary of General Manager; •Salaries of employees working in the System; •Social Security and Medicare taxes; •Unemployment taxes; •Workers' Compensation and Employer's Liability insurance; •Operator's portion of Medical/DentalNision premium payments for employees PARKING OPERATIONS AGREEMENT-15 Page 143 •Pension plans or 401-K; •Uniforms and laundry; •Office supplies; •Credit card and gateway fees; •Licenses and permits; •Enforcement units, software; •Advertising, marketing, and promotion, as approved in advance by Agency; •Routine Maintenance and Repair ( as described in Section 305); •Operational supplies required to operate the Parking System (including, but not limited to, tickets, hang-tags, access cards and other customer access devices; permits, validation stamps, etc.); •Recruiting employees and employee orientation and training; •Purchasing signs (when approved in advance by Agency); •Utilities (including telephone, cellphones, •Premiums for insurance coverage required under Section 600 et al of this Agreement. Agency may, from time to time through the term of this Agreement and any extensions thereof, directly provide reimbursable goods or services that are included in the budget or were previously approved by Agency in writing, and which Agency determines would be best provided by Agency directly. Notwithstanding the foregoing, unless Operator is notified in writing by Agency that the operating expense associated with the purchase or performance of certain goods or services will be incurred by Agency, all operating expenses shall be reimbursed by Agency to Operator. By the 20th of each month, Operator shall submit a monthly expense invoice, certified by an officer of Operator. Agency staff have the right to use such methods as they deem necessary and appropriate to verify amounts claimed on expense invoices. PARKING OPERATIONS AGREEMENT-16 Page 144 3.[§ 506]Accounting for Direct and Indirect Operating Expenses Operator shall keep specific records and accounts for those operating expenses directly related to the operation of each Parking Facilities in the System. For those operating expenses indirectly related to the operation of each Parking Facility, which expenses are associated with operation of the entire System, Operator shall report those expenses by budget category. C.[§ 507) Taxes It is the intention of Agency and Operator that the System and its operation be exempt from taxation. In the event that any unit of government having taxing authority establishes its right to tax the System or its operation, then, and in that event, all taxes which are assessed shall be considered operating expenses within the meaning of Section 605. D.[§ 508) Budget For the initial term of this Agreement, the operating budget, management fee, and performance bonus for Operator shall be as shown in Exhibit B. Thereafter, if Agency exercises the extensions provided for in this Agreement, Operator shall prepare an annual operating budget, by Parking Facility, and submit same to Agency by August 14, 2020for Agency's next Fiscal Year commencing January 1, 2021. (Operator shall also prepare an Annual Program as described in Section 302 and submit same to Agency by October 30, 2020.) After submittal of the budget, Agency and Operator shall meet for the purpose of reviewing the budget and for inclusion of the budget described in this section in Agency's overall budget. (The Annual Program shall also be included in Agency's overall budget as described in Section 302.) Operator acknowledges that the Annual Operating Budget described herein shall be effective only when included within Agency's overall budget. E.[§ 509] Accounts, Reports, and Audits Operator shall prepare and submit monthly profit and loss statements as well as any incidental financial or operating statements as deemed necessary by Agency or as the normal course of operation shall dictate. Such statements shall clearly delineate between direct and indirect costs of operation attributable to the System and any costs incurred by Operator for managing other properties for which Operator is responsible. Such books, accounts, and statements shall also be subject to inspection under the provisions of Section 816 of this Agreement. Agency may conduct an PARKING OPERATIONS AGREEMENT - 17 Page 145 VI. annual audit of the System operations. Operator agrees to provide Agency's auditors such information as may be needed to conduct such annual audit and to cooperate fully with Agency's auditors. [§600]INDEMNITY AND INSURANCE, A.[§ 601]Property Damage or Injury Indemnification 1.Operator shall defend, indemnify and hold Agency harmless from and against any and all actions, costs, claims, losses, expense and/or damages, sustained by Agency attributable to the recklessness, carelessness, or negligence of Operator or any of its agents, servants or employees from any cause, including, without limitation by specification, property damage and/or injury or death to any person or persons. Agency expressly acknowledges that the Operator's obligations in connection with the management, operation and promotion of the Parking Facility, and employment of persons in connection therewith, do not include the rendition of service, supervision, or furnishing of personnel in connection with the personal safety and security of employees, tenants, customers, or other persons within and about the Parking Facility. Operator does not have knowledge or expertise as a guard or security service, and does not employ personnel for that purpose, nor do Operator's employees undertake the obligation to guard or protect customers against the intentional acts of third parties. Agency shall determine, at Agency's discretion, whether and to what extent any precautionary warnings, security devices, or security services may be required to protect patrons in and about the Parking Facility. B.[§ 602] Insurance Operator shall procure and maintain continuously in effect, during the term of this Agreement, policies of insurance of the kind and amount, as follows: 1.Worker's compensation coverage and employer's liability coverage as required by Colorado law. 2.Commercial general liability insurance, in minimum amounts of One Million Dollars ($1,000,000) per occurrence and One Million Dollars ($1,000,000) annual aggregate combined single limit for personal injury, including death, and for property damage. Coverages thereunder shall include premises liability, System and operations liability, contractual liability, personal injury, owner's and contractors' protection, elevator liability, products, and completed operations coverage. PARKING OPERATIONS AGREEMENT-18 Page 146 3.Automobile Liability Insurance covering use of all owned, non owned, and hired automobiles with a minimum combined single limit of liability for bodily injury and property damage of $1,000,000 per occurrence. This policy shall be endorsed to name Agency, including its respective officers, agents, or employees, as additional insureds. 4.Robbery and holdup insurance (inside and outside) with $25,000 limit per occurrence. The foregoing insurance coverage, to the extent such coverage is triggered and / or applicable, shall be primary and noncontributing with respect to any other insurance or self-insurance that may be maintained by Agency. Any loss not covered by the above insurance shall constitute expense of Agency. All insurance provided by Operator under this Agreement shall include a waiver of subrogation by the insurers in favor of Agency. C.[§ 603] General Insurance Requirements All insurance required in this Section shall be taken out and maintained by insurance companies licensed in the State of Colorado with no less than an "A" rating by A.M. Best. Operator shall furnish Agency a certificate or certificates of the responsible insurers, stating that such insurance is in full force and effect. All policies or certificates of insurance are subject to Agency's approval. The insurance coverage herein required may be provided by a blanket insurance policy or policies. VII.[§ 700]DEFAULTS, REMEDIES, TERMINATION, AND ALTERNATIVE DISPUTE RESOLUTION A.[§ 701]Surrender of System Upon termination of this Agreement, by lapse of time or otherwise, Operator shall surrender and tum over possession of the System to Agency in the same manner and condition as it received the System, excepting reasonable wear and tear, as well as all drawings, computer programs, computer input and output, analysis, plans, photographic images, tests, maps, surveys and writer's materials of any kind generated in the performance of its services under this Agreement up to and including the date of termination. B.[§ 702]Effect of Default It is expressly agreed between the Parties hereto that in the event any Parking Facility is deserted, vacated, or abandoned, or if Operator shall sell, PARKING OPERATIONS AGREEMENT-19 Page 147 assign, or pledge this Agreement except as provided herein; or if default be made in the performance of any of the covenants and agreements to be performed by Operator; or if Operator shall fail to comply with any of the statutes, ordinances, rules, orders, regulations, or requirements of the federal, state, or city governments; or if Operator shall file a petition in bankruptcy or make an assignment for the benefit of creditors or take advantage of any insolvency act, Agency may elect to terminate this Agreement and the terms hereof. In the event Agency elects to terminate this Agreement because of a violation of this section, upon such termination, Operator shall compensate Agency for the loss in revenue suffered by reason of such termination. If Operator is in default of any of the terms and conditions of this Agreement or violates any law or ordinance or rules and regulations and fails or refuses, after ten ( 10) days' written notice, to perform or correct conditions by which such Agreement is breached, then this Agreement shall be deemed terminated without notice or demand. In the event of any default or breach of this Agreement by Operator, Agency, in addition to any other rights or remedies it may have, shall upon three (3)days' written notice have the immediate right of reentry. Upon exercise of the right of reentry, Agency may require Operator to remove all of Operator's property and restore the System. Should Agency at any time terminate this Agreement for any breach, Agency may recover from Operator for any direct damages incurred by reason of such breach, including the costs of recovering the System, the loss in revenue suffered by reason of such termination, and reasonable attorney fees. In the event of such termination, Agency may withhold any future payments to Operator, on a pro-rated basis, in settling all accounts. No payment of money by Agency to Operator after default, cancellation, or expiration of this Agreement or any extension thereof, shall reinstate, continue, or extend the term of this Agreement or affect any notice given to Operator by Agency or operate as a waiver of any right of Agency. C.[§ 703] Legal Actions 1.[ § 704] Institution of Legal Actions In addition to any other rights or remedies, either Party may institute legal action to cure, correct, or remedy any default, or recover damages for any default, or to obtain any other remedy consistent with the purpose of this Agreement. PARKING OPERATIONS AGREEMENT-20 Page 148 2.[§ 705]Applicable Law The laws of the State of Colorado shall govern the interpretation and enforcement of this Agreement. 3.[ § 706] Alternative Dispute Resolution In the event that a dispute arises between Agency and Operator regarding application or interpretation of any provision of this Agreement, the aggrieved Party shall promptly provide written notice to the other Party to this Agreement of the dispute within ten (10) days after such dispute arises. If the Parties shall have failed to resolve the dispute within thirty (30) days after delivery of such notice, the Parties may first endeavor to settle the dispute in an amicable manner by mediation. If the Parties elect to mediate their dispute, the Parties wiJJ select a mediator by mutual agreement and agree to each pay half of the mediator's costs and fees. The mediation will take place in Boulder, Colorado, unless otherwise agreed by the Parties in writing. Should the Parties be unable to resolve the dispute to their mutual satisfaction within thirty (30) days after such completion of mediation, each Party shall have the right to pursue any rights or remedies it may have at law or in equity. If the Parties do not mutually agree to mediate the dispute, either Party may pursue any rights or remedies it may have at law. D.[§ 707]Rights and Remedies Are Cumulative Except as otherwise expressly stated in this Agreement, the rights and remedies of the Parties are cumulative, and the exercise by any Party of one or more of such rights or remedies shall not preclude the exercise by it at the same time or different times, of any other rights or remedies for the same default or any other default by the other Party. E.[§ 708]Attorney Fees In the event of any action or proceeding at law or in equity, including arbitration, between Agency and Operator to enforce any provision of this Agreement or to protect or establish any right or remedy of either Party hereunder, the unsuccessful Party to such action shall pay to the prevailing Party all costs and expenses, including reasonable attorney fees incurred therein by such prevailing Party (including such costs and fees incurred on appeal), and if such prevailing Party shall recover judgment in any such action or proceeding, such costs, expenses, and attorney fees shall be include d in and as a part of such judgment or award. The provisions of this Section 708 shall apply to any termination of this agreement and shall survive such termination. PARKING OPERATIONS AGREEMENT-21 Page 149 F.[§ 709]Choice of Law This Agreement shall be interpreted and enforced in accordance with and governed by the laws of the State of Colorado. The language in all parts of this Agreement shall be, in all cases, construed according to its fair meaning and not strictly for or against Operator or Agency. VIII.[§ 800]MISCELLANEOUS A.[§ 80l]Notice All notices, demands, or other communications required to be in writing by this Agreement shall be deemed given when personally delivered, delivered by courier, or sent by certified or registered mail, postage prepaid, with proper address as indicated below. Agency and Operator may, by written notice given to each to the other, designate any address or addresses to which notices, certificates, or other communications to them shall be sent when required as contemplated by this Agreement. Until otherwise provided by the respective Parties, all notices, certificates, or other communications to them shall be sent when required as contemplated by this Agreement. Until otherwise provided by the respective Parties, all notices, demands, and communications to each of them shall be addressed as follows: To Agency: Vanessa Solesbee, Parking & Transit Mgr. Town of Estes Park 170 MacGregor A venue Estes Park, CO 80517 970 577-3957 vsolesbee@estes.org To Operator: Jeff Wolfe, Chief Executive Officer The Car Park, LLC 702 W. Idaho Street, Suite 400 Boise, Idaho 83702 208-3 36-6597 jwolfe@thecarpark.com Telephone numbers and E-mail addresses are for convenience and not to be used for notices required to be in writing. Informal notices and communication may be delivered in person or by telephone, U.S. Mail, courier, E-mail, or FAX. Either Party may, by written notice, change the address, telephone number, FAX number, or e-mail address listed above. B.[§ 802] Compliance with Laws and Ordinances Operator agrees to operate the System in compliance with this Agreement and all laws and ordinances in effect or which may hereafter be adopted, including, but not limited to, federal law and regulation, laws of the State of Colorado. PARKING OPERATIONS AGREEMENT-22 Page 150 C.[§ 803]Rules and Regulations Agency may, at its discretion, adopt reasonable rules and regulations relating to the operation and use of the System, and Operator agrees to abide by such rules and regulations. D.[§ 804] Assignability by Operator The rights, obligations and duties under this Agreement of Operator shall not be assigned or transferred, in whole or in part, without the prior written permission of Agency. E.[§ 805]Damage, Destruction, or Sale If during the term of this Agreement all or any part of any Parking Facility which is part of the System shall be destroyed or materially damaged from any cause, Agency shall have the option to repair, replace, and restore the damaged portion of the Parking Facility to its former condition or to discontinue all or any part of the operations of the Parking Facility. In either case, Agency may, at its option, cancel, modify, or suspend the operation of this Agreement as it related to such Parking Facility upon thirty (30) days' written notice to Operator. In such instance, Operator's expenses and Operator's fees shall be adjusted accordingly. Likewise, such adjustment shall be made in the event Agency sells or transfers any Parking Facility which constitutes part of the System. F.[§ 806]Parking for Persons with Disabilities In order to comply with applicable standards established by federal, state, or local law, parking spaces for access by the disabled shall be designate d in each Parking Facility by Agency as may be required. G.[§ 807]Option to Add Parking Facilities/ Option to Delete Parking Facilities Agency may add to this Agreement additional Parking Facilities which shall be managed by Operator under the same terms and conditions of this Agreement. Likewise, Agency may delete from this Agreement those Parking Facilities which may be closed or conveyed to others. H.[§ 808]Free or Reduced Fee Use of Parking Facilities Agency may allow free or reduced fee parking in its Parking Facilities for certain events or programs. If Agency permits reduce fee parking in Parking Facilities, Operator shall manage the operation of the Parking Facility or lot as directed by Agency. Any expenses incurred will be reimbursed as an operating PARKING OPERATIONS AGREEMENT -23 Page 151 expense as defined in Section 505 but will not be included as an operating expense for net revenue calculations. I.[§ 809]Event Parking Agency intends that the System will be open for events throughout the Project Areas. Operator shall manage the System to accommodate these events and set event rates as directed by Agency and shall provide any accounting for the individual events as required by Agency. Operating expenses incurred to accommodate event parking shall be included in the reimbursable expenses, and revenues shall be included in total gross revenues per Parking Facility. Operator shall perform all prepaid event parking marketing as directed by Agency. J.[§ 810] Agency's Right to Inspect and Make Repairs Agency shall have the right, at such times as may be reasonable under the circumstances, and with as little interruption to Operator's operations as is reasonably practicable, all as determined by Agency to: 1.Inspect the Parking System at reasonable intervals during regular business hours ( or at any time in case of emergency) to determine whether Operator has complied and is complying with the terms and conditions of this Agreement. 2.Perform maintenance and make repairs and replacements. 3.Perform maintenance and make repairs and replacements in any case where Agency determines that it is necessary or desirable to do so in order to preserve the structural safety of the System or of individual Parking Facilities or to correct any condition likely to cause injuries or damages to persons or property. K.[§ 811]Descriptive Headings The headings used herein are for description only and for the convenience of identifying the provisions hereof and are not determinative of the meaning or effect of any of the provisions of this Agreement. L.[§ 812]Severability If any provision of the Agreement shall be invalid or unenforceable, the remainder hereof shall nevertheless continue in full force and effect. PARKING OPERATIONS AGREEMENT -24 Page 152 M.[§ 813) Parties in Interest All terms and provisions of this Agreement shall be binding upon and inure to the benefit of and be enforceable by the Parties hereto and by their respective successors in interest. N.[§ 814) Not a Lease The Parties acknowledge that this Agreement does not constitute a lease of any Parking Facility or of the System in total and Operator assumes no responsibility for taxes, repairs, or upkeep of the System, except as provided in Sections 301 and 305 of this Agreement. 0.[§ 815) Governmental Action In the event any governmental authority takes any action that inhibits or adversely affects vehicle ingress to or egress from a Parking Facility in the System or from the System in total, whether by threat of eminent domain or any other government power, or if any governmental authority takes any action relating to the parking, fueling, or use of motor vehicles which causes or substantially contributes to a reduction in the use of the Parking Facilities or the System in total, Operator shall have the right to terminate this Agreement by giving one hundred twenty (120) days' written notice to Agency or continue its operations in the remainder of the System, if any, with an appropriate negotiated adjustment to Operator's compensation. P.[§ 816]Inspection of Books and Records Agency has the right during normal business hours without need for notice to inspect the books and records of Operator pertaining to the System as pertinent to the purposes of this Agreement. Q.[§ 817] Identity and Authority of Agency Each of the persons executing this Agreement on behalf of Agency does hereby covenant and warrant that Agency has full right, power, and authority to enter into this Agreement and to carry out all actions contemplated by this Agreement; that the execution and delivery of this Agreement were duly authorized by proper action of Agency and no consent, authorization, or approval of any person, board, or other entity is necessary in connection with such execution and delivery or to carry out all actions contemplated by this Agreement, except as have been obtained and are in full force and effect; and that this Agreement constitutes the valid, binding, and enforceable obligation of Agency. Upon Operator's request, Agency shall provide Operator with evidence reasonably satisfactory to Operator confirming the foregoing covenants and warranties. PARKING OPERATIONS AGREEMENT -25 Page 153 IX. R.[§ 818] Identity and Authority of Operator Each of the persons executing this Agreement on behalf of Operator does hereby covenant and warrant that Operator has full right, power, and authority to enter into this Agreement and to carry out all actions contemplated by this Agreement; that the execution and delivery of this Agreement were duly authorized by proper action of Operator; that no consent, authorization, or approval of any person, board, or other entity is necessary in connection with such execution and delivery or to carry out all actions contemplated by this Agreement, except as have been obtained and are in full force and effect; and that this Agreement constitutes the valid, binding, and enforceable obligation of Operator. Upon Agency's request, Operator shall provide Agency with evidence reasonably satisfactory to Agency confirming the foregoing covenants and warranties. [§900]MISCELLANEOUS A.COUNTERPARTS: This Agreement may be executed in any number of counterparts, and once so executed by all Parties hereto, each such counterpart hereof shall be deemed to be an original instrument, but all such counterparts together shall constitute but one (1) agreement. B.VENUE: Venue and jurisdiction for any court action filed regarding this Agreement shall be only in Larimer County, Colorado. C.UNLAWFUL EMPLOYEES. CONTRACTORS AND SUBCONTRACTORS: Operator shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Operator shall not knowingly contract with a subcontractor that (a) knowingly employs or contracts with an illegal alien to perform work under this Agreement or (b) fails to certify to the Operator that the subcontractor will not knowingly employ or contract with an illegal alien to perform work under this Agreement. D.VERIFICATION REGARDING ILLEGAL ALIENS: Operator has confirmed the employment eligibility of all employees newly hired for employment to perform work under this Agreement through participation in either the E-verify program administered jointly by the United States Department of Homeland Security and the Social Security Administration or the employment verification program of the Colorado Department of Labor & Employment. E.LIMITATION REGARDING E-VERIFY PROGRAM: Operator shall not use either E-verify or Colorado Department of Labor & Employment program procedures to undertake pre-employment screening of job applicants while performing this Agreement. PARKING OPERATIONS AGREEMENT-26 Page 154 F.DUTY TO TERMINATE A SUBCONTRACT; EXCEPTIONS: If Operator obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, the Operator shall, unless the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien: 1.notify the subcontractor and the Town within three (3) days that the Operator has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2.terminate the subcontract with the subcontractor if, within three days of receiving notice that the Operator has actual knowledge that the subcontractor is employing or contracting with an illegal alien, the subcontractor does not stop employing or contracting with the illegal alien. G.DUTY TO COMPLY WITH STATE INVESTIGATION: Operator shall comply with any reasonable request of the Colorado Department of Labor and Employment made in the course of an investigation pursuant to C.R.S. 8-17 .5-102 (5). H.DAMAGES FOR BREACH OF CONTRACT: In addition to any other legal or equitable remedy the Town may be entitled to for a breach of this Agreement, if the Town terminates this Agreement, in whole or in part, due to Operator's breach of any provision of this Agreement, Operator shall be liable for damages to the Town. I.NO THIRD-PARTY BENEFICIARIES: The parties intend no third-party beneficiaries under this Agreement. Any person besides Agency or Operator receiving services or benefits under this Agreement is an incidental beneficiary only. J.AGENCY'S RIGHT TO BAR PERSONNEL FROM WORK SITE: For conduct the Agency (in its sole discretion) decides may violate applicable laws, ordinances rules or regulations, or may expose Agency to liability or loss, Agency may bar any person (including Operator's and its subcontractors' employees) from the Agency's work sites. Such a bar shall not require any employee's discharge from employment, but shall merely prohibit the employee's presence at Agency's work sites. Such a bar shall not warrant an increase in contract time or price. K.WAIVER: No waiver of any breach or default under this Agreement shall waive any other or later breach or default. PARKING OPERATIONS AGREEMENT -27 Page 155 X.[§ 1000]ENTIRE AGREEMENT, WAIVERS, AND AMENDMENTS This Agreement is executed in two (2) duplicate originals, each of which is deemed to be an original. This Agreeme nt includes: Exhibit A: Exhibit B: Map and List of the Project Areas and Parking System; Approved Operator Budget & Management Fee Attachment 1: Downtown Parking Management Plan Attachment 2: Exhibits A, B and C and Attachment 1 attached hereto are incorporated herein by reference, all of which constitute the entire understanding and agreement of the Parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto and supersedes all negotiations or previous agreements between the Parties with respect to all or any part of the subject matter hereof. All waivers of the provisions of this Agreement shall be in writing and signed by the appropriate authori ties of Agency and Operator, and all amendments hereto shall be in writing and signed by the appropriate authorities of Agency and Operator. XI.[§ 1100] EFFECTIVE DATE OF AGREEMENT The effective date of this Agreement shall be January 15, 2020. End of Agreement I Signatures appear on the following page. PARKING OPERATIONS AGREEMENT- 28 Page 156 IN WITNESS WHEREOF, Agency and Operator have caused this Agreement to be executed in their respective corporate names. Town of Estes Park "Agency" Approved as to Form: �-Town Attorney THE CAR PARK, LLC "Operatorc f By: --�---"---""""�..;a.._ _________ _ Jeff Wolfe, Chief Executive Officer Date: --�-�--9-�_cJ_OL---O ___ _ PARKING OPERATIONS AGREEMENT-29 Page 157 State of�) ) ss: County of-,KJ � ) The foregoing instrument was acknowledged before me by J .{lJ Wo l-Q. (Name of party signing) a member/partner/manager/limited partner/agent (select one) on behalf o� �t''.f?4k_ (Name of limited liability company) a limited liability company, this Cf .J.h day of --J.._ n .........._ ,r 'J , 21JQ0. Witness my hand and official Seal. My Commission expires , J&l7 \ \J 2:0)-3. l � Q 2 H1 \AQoJka Notary Public PARKING OPERATIONS AGREEMENT-30 Page 158 Exhibit A Agency Project Areas and Parking System D. TOWN OF ESTES PARK PUBLIC PARKING -+K.\11\'P h\U ,u,·n, t �IR,\:\'.{0 1 WWondfnkwA.vt @} ,,1 t'S tlA\'FX lliQHon,o, , ... ""<I-\<P 0uRit.,. -�-•�El 0.-SI l!ln .=-� El • I Hau, Partin• (MarStpt) 3 Hour Por111� 1Mer$1jrtl • All Doy Perl<I� � Shultlt Stap (Junt•S1ptl D V11ltor Info [lIJ Rutroom1 l!I Eleetrlc Car Charqtr ltM�r IIEA\'[ll M•:Aoo,,·s .... tNl'ltA.'<<.:l: @ 600f(.(T I El 7 n f••""9, B •i.... 10 PARKING OPERATIONS AGREEMENT -31 CI) �, n I O\'H.,\:>:D ,,.. ® EVENTS COMPLEX PARK-N-RIDE 0.5 MILES IIOtJI.DtR ..,_ SEEIHSl!r Ov«nlQl'II p,rk.inQ In dUiQAc}ltd JoatiOAS aoo.r.d bV pernil only. ,---------------, It LotNamt I !:vents ComplH Porl<•n•Rldt 2 Part.1"9 Slrudurt 3 Vllltot Ctnttr 4 TownH1II , M1cGro9orA .. 6 t.st Riverside 7 Vinllnla 8 Rl.,.rsldt �o,ric, 10 West Rlnrsidt 11 °"""' 12 Wtlst 13 B19 Ham 14 Treqent 15 Spruce 1d Performance Park 17 llofld Perk 18 Srownfitid'I 19 Mor1lne Ave SpacH RV 454 j 415 151 J 279 J 84 44 30 94 " 38 43 141 77 17 41 81 77 6 33 \ ...,. IHSCTUAP Ns.Jntvi"AlnAv. �-� EVENTS COMPLEX PARK•N•RIDE Page 159 Exhibit B Approved Operator Budget & Management Fee 1.Operating Budget The budget from January 15, 2020 through December 31, 2020 for the Operator shall be: Four hundred seventy one thousand, four hundred and sixty-five dollars ($471,465). Payments shall be made by Agency to Operator on a monthly basis in accordance with Section 600 et al. of this Agreement. 2.Management Fee The total management fee due to the Operator for the term from January 15, 2020 through December 31, 2020 shall not exceed: Thirty-six thousand dollars ($36,000). The management fee shall be divided over twelve equal monthly installments in accordance with Section 500 et al. of this Agreement. The amount of the management fee plus performance bonus is in addition to the Operating Budget. 3.Performance-Based Incentive (Performance Bonus) At the conclusion of the initial term and any one-year extension exercised by Agency, Operator shall be eligible for a performance bonus which may range from $0 to $2,700 as described in Section 502 of this Agreement. The not-to-exceed payment limit for this budget year is $510,165. 4.Revenue Projection The minimum revenue objectives that the Operator shall strive to deliver to the Agency are: $660,000 from metered/paid parking spaces, $10,000 parking permits, and $15,000 citations. The total minimum forecast revenue is $685,000. PARKING OPERATIONS AGREEMENT -32 Page 160 Attachment 1 Downtown Parking Management Plan [The Parking Management Plan as described above follows this page.] PARKING OPERATIONS AGREEMENT-33 Page 161 Attachment 2 Parking Management Request for Proposal [The Parking Management Request for Proposal as described above follows this page.] PARKING OPERATIONS AGREEMENT -34 Page 162 Attachment 3 Resolution 37-19 [Resolution 37-19 as described above follows this page.] PARKING OPERATIONS AGREEMENT-35 Page 163 Attachment 4 The Car Park Services and Fee Proposal [The Car Park Services and Fee Proposal as described above follows this page.] PARKING OPERATIONS AGREEMENT-36 Page 164 PARKING OPERATIONS AGREEMENT - 37 Page 165 Page 166 FINANCE DEPT Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Duane Hudson, Finance Director Date: January 26, 2021 RE: Revised Policy 601 Purchasing Policy – Spending Authority & Limits (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER - Motion QUASI-JUDICIAL YES NO Objective: Update Policy # 601 to revise spending authority and limits by position for new departments and divisions and other changes. Present Situation: The current purchasing policy was adopted in Feb 2016 and is in need of revision. The Town organization has changed and evolved with a new department and new divisions and other functions moved between existing departments. In addition, certain provisions of the current policy would benefit from additional clarification. Proposal: The proposed revised policy includes changes to address these concerns. A clean draft of the revised Policy 601 Purchasing Policy – Spending Authority & Limits is included as Attachment 1 and a red-line copy is included as Attachment 2 to clearly show the proposed changes. Policy changes include spending authority for new departments and divisions such as the new Town Attorney Department and the new Parking Services Division. Some department’s and division’s names were also revised to more clearly demonstrate their functions, such as Administration Department is now the Town Administrator’s Office and the Administrative Services Department is now the Town Clerk’s Office, etc. A few positions were added for operational efficiency such as the Utility Project Manager and the Police Executive Assistant. Other revisions are proposed to clarify how these limits are applied. Certain expenditures, such as monthly utility payments, purchased power invoices from PRPA, annual water right payments, payroll tax and withholding payments, etc., have been Page 167 explicitly exempted from these purchasing limits. This does not change how the policy has been interpreted and applied in the past but it clarifies this in written form. The most significant of these clarification statements is how the limits apply to partial payments on formally approved contracts or purchases. Again, this is an attempt to document current interpretation of the policy and current practice. The spending authority limits explicitly apply at the initial contract or purchase order award level. Once these contracts or purchase orders are properly signed and executed, subsequent partial payments do not require this same level of spending authority since the purchase has already been authorized. A good example of this is a large construction contract. Once the original contract is properly awarded, authorized and signed in accordance with the current purchasing policies and Revised Policy 601 Purchasing Policy – Spending Authority & Limits, the contractor may submit large progress payment requests throughout the term of the contract. Policy 601 does not require the Mayor to sign and approve each individual progress payment. These progress / partial payments can be reviewed and approved by the project manager or other appropriate position to verify the work was done and the contractor is due this partial payment. Advantages: Revised Policy 601 Purchasing Policy – Spending Authority & Limits will be revised and updated to enable current operations to be continued, while limiting spending authority to designated, responsible staff positions. Disadvantages: None identified. Action Recommended: Motion to approve the Revised Policy 601 Purchasing Policy – Spending Authority & Limits. Finance/Resource Impact: No direct financial impact. Level of Public Interest No public input or comments have been received. Sample Motion: I move for the approval/denial of Revised Policy 601 Purchasing Policy – Spending Authority & Limits as presented. Attachments: 1. Revised Policy 601 Purchasing Policy – Spending Authority & Limits 2.Revised Policy 601 Purchasing Policy – Spending Authority & Limits (red-line) Page 168 Document Spending Authority & Limits 02/09/16 Revisions: 0 Town of Estes Park, Finance Page 1 of 3 Effective Period: Until superceded Review Schedule: Annually Effective Date: 01/27/2021 References: Financial Policies Manual 601 FINANCE 601 Purchasing Policy – Spending Authority & Limits 1.PURPOSE a.To ensure that the best values for goods and services are obtained when using Town Funds. b.To efficiently delegate spending authority/responsibilities to Town Staff so that Purpose “a” can be achieved. 2. POLICY The Town of Estes Park Board of Trustees authorizes the Town Administrator, Department Directors, Managers and Supervisors with purchasing limits as set forth in this policy (Table 1). Exceptions to spending limits include expenditures approved by the Board through the annual budget process for insurance claims and premiums, debt obligations, utility payments, continuing purchased power and water right payments, payroll tax and withholding payments, and other specific Board approved expenditures. 3.PROCEDURE Administrative procedural guides have been developed to outline processes for Town purchases. These are outlined under the Purchasing Policies, which are approved under the authority of the Town Administrator. The following purchasing limits apply at the formal contract / purchase order level, not the individual partial payment level. If a formal contract or purchase order is executed, the purchasing authority limit applies at that level. Subsequent partial payment invoices on these properly approved contracts or purchase orders can be approved for payment by the appropriate manager or department director level, regardless of the amount of the partial payment invoice. ATTACHMENT 1 Page 169 Document Spending Authority & Limits 02/09/16 Revisions: 0 Town of Estes Park, Finance Page 2 of 3 Table 1: Purchasing Authority by Title & Amounts Department Town Job Title/Role Purchasing Limit Town Admin Office Town Admin Office Town Admin Office Town Admin Office Town Admin Office Town Admin Office Town Administrator Assistant Town Administrator Public Information Officer Museum Director IT Manager IT System Administrator I $100,000 $50,000 $5,000 $10,000 $30,000 $10,000 Town Attorney Town Attorney Town Attorney Executive Legal Assistant $100,000 $5,000 Town Clerk Town Clerk Town Clerk Town Clerk Deputy Town Clerk Human Resources Manager $50,000 $30,000 $5,000 Comm Dev Community Development Director $50,000 Comm Dev Chief Building Official $5,000 Special Events Community Services Director $50,000 Special Events Visitor Services Manager $5,000 Special Events Events Maintenance Supervisor $5,000 Special Events Sales & Marketing Manager $5,000 Finance Finance Director $50,000 Finance Accounting Manager $5,000 Police Chief of Police $50,000 Police Police Captain $30,000 Police Police Executive Assistant $10,000 Public Works Public Works Director $50,000 Public Works Facilities Manager $30,000 Public Works Public Work Engineering Manager $30,000 Public Works Public Works Operations Manager $30,000 Public Works Public Works Parking & Transit Manager Civil Engineer I (EIT) $30,000 $5,000 Public Works Civil Engineer II (PE) $10,000 Public Works Fleet Supervisor $5,000 Public Works Parks Maintenance Supervisor $5,000 Public Works Streets Supervisor $5,000 Utilities Utilities Director $50,000 Utilities Project Manager $30,000 Utilities Line Superintendent $30,000 Utilities Water Superintendent $30,000 Utilities Laboratory & Water Quality Supervisor $10,000 Utilities Line Crew Chief $10,000 Utilities Water Distribution Supervisor $10,000 Utilities Water Plant Supervisor $10,000 Utilities Utilities Engineer $5,000 Page 170 Document Spending Authority & Limits 02/09/16 Revisions: 0 Town of Estes Park, Finance Page 3 of 3 Approved: Mayor, Town of Estes Park January 26, 2021 Date Page 171 Document Spending Authority & Limits 02/09/16 Revisions: 0 Town of Estes Park, Finance Page 1 of 4 Effective Period: Until superceded Review Schedule: Annually Effective Date: 02/09/201601/27/2021 References: Financial Policies Manual 601 FINANCE 601 Purchasing Policy – Spending Authority & Limits 1. PURPOSE a.To ensure that the best values for goods and services are obtained when using Town Funds. b.To efficiently delegate spending authority/responsibilities to Town Staff so that Purpose “a” can be achieved. 2. POLICY The Town of Estes Park Board of Trustees authorizes the Town Administrator, Department Directors, Managers and Supervisors with purchasing limits as set forth in this policy (Table 1). Exceptions to spending limits include expenditures approved by the Board through the annual budget process for insurance claims and premiums, debt obligations, utility supply payments, continuing purchased power and water right payments, payroll tax and withholding payments, and other specific Board approved expenditures. 3. PROCEDURE Administrative procedural guides have been developed to outline processes for Town purchases. These are outlined under the Purchasing Policies, which are approved under the authority of the Town Administrator. The following purchasing limits apply at the formal contract / purchase order level, not the individual partial payment level. If a formal contract or purchase order is executed, the purchasing authority limit applies at that level. Subsequent partial payment invoices on these properly approved contracts or purchase orders can be approved for payment by the appropriate manager or department director level, regardless of the amount of the partial payment invoice. Page 172 Document Spending Authority & Limits 02/09/16 Revisions: 0 Town of Estes Park, Finance Page 2 of 4 Table 1: Purchasing Authority by Title & Amounts Department Town Job Title/Role Purchasing Limit AdminTown Admin Office AdminTown Admin Office AdminTown Admin Office Town Admin Office Town Admin Office Town Admin Office Town Administrator Assistant Town Administrator Public Information Officer Museum Director IT Manager IT System Administrator I $100,000 $50,000 $5,000 $10,000 $30,000 $10,000 Town Attorney Town Attorney Town Attorney Executive Legal Assistant $100,000 $5,000 Admin ServTown Clerk Town Clerk Town Clerk Administrative Services DirectorTown Clerk Deputy Town Clerk Human Resources Manager $50,000 $30,000 $5,000 Comm Dev Community Development Director $50,000 Comm Dev Chief Building Official $5,000 Comm ServSpecial Events Community Services Director $50,000 Comm ServSpecial Events Visitor Services Manager $5,000 Comm ServSpecial Events Events Maintenance Supervisor $5,000 Comm ServSpecial Events Sales & Marketing Manager $5,000 Cultural Serv Museum Director $5,000 Finance Finance OfficerDirector $50,000 Finance Assistant Finance OfficerAccounting Manager $5,000 Police Chief of Police $50,000 Police Police CommanderPolice Captain $30,000 Police Police SergeantExecutive Assistant $5,00010,000 Public Works Public Works Director $50,000 Public Works Facilities Manager $30,000 Public Works Public Work Engineering Manager $30,000 Public Works Public Works Operations Manager $30,000 Public Works Public Works Parking & Transit Manager Civil Engineer I (EIT) $30,000 $5,000 Public Works Civil Engineer II (PE) $5,000$10,000 Public Works Fleet Supervisor $5,000 Public Works Parks Maintenance Supervisor $5,000 Page 173 Document Spending Authority & Limits 02/09/16 Revisions: 0 Town of Estes Park, Finance Page 3 of 4 Public Works Streets Supervisor $5,000 Utilities Utilities Director $50,000 Utilities IT ManagerProject Manager $30,000 Utilities Line Superintendent $30,000 Utilities Water Superintendent $30,000 Utilities Laboratory & Water Quality Supervisor $10,000 Utilities Line Crew Chief $10,000 Utilities Water Distribution Supervisor $10,000 Utilities Water Plant Supervisor $10,000 Utilities Utilities Engineer $5,000 Page 174 Document Spending Authority & Limits 02/09/16 Revisions: 0 Town of Estes Park, Finance Page 4 of 4 Approved: Mayor, Town of Estes Park February 9, 2016January 26, 2021 Date Page 175 Page 176 TOWN ADMINISTRATOR’S OFFICE Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jason Damweber, Assistant Town Administrator Date: January 26, 2021 RE: Resolution 09-21 Approving an Intergovernmental Agreement with Larimer County for administration of the Local Government Small Business Relief Program (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER QUASI-JUDICIAL YES NO Objective: Approve Intergovernmental Agreement (IGA) between Larimer County and the Town of Estes Park regarding administration of the Colorado Department of Local Affairs Local Government Small Business Relief (SBR) Program. Present Situation: Senate Bill 20B-001, enacted on December 7, 2020, effectively established a new State-wide Small Business Relief (SBR) Program. The bill appropriated State funding to provide relief to small businesses in targeted industries (i.e., restaurants, bars, breweries, wineries, distilleries, caterers, movie theatres, fitness and recreational sports centers) impacted by severe capacity restrictions due to the COVID-19 pandemic. Larimer County has been informed by the Colorado Department of Local Affairs (DOLA) that it is eligible to receive an allocation of State funding to provide relief to these targeted small businesses as outlined in the bill. Larimer County is working in partnership with three “Municipal Business Hubs,” including Estes Park, Ft. Collins, and Loveland, to administer the SBR Program in order to provide relief payments to eligible small businesses in their respective geographic areas as expeditiously as possible. The hubs have been asked to enter into an IGA with Larimer County in order to define the process by which these funds will be administered. The dollar amount of the grant to Larimer County is $2,203,110. Per the IGA, the Town expects to be reimbursed for the total dollar amount disbursed to local businesses by the Town. Senate Bill 20B-001 also permits up to 5% of the grant funds provided through DOLA to be used for administrative costs. Larimer County will retain .5% of the allowable administrative funds and provide the remaining 4.5% proportionally to the Page 177 hubs based on the number of applications received in comparison to the total number of applications received by all three hubs. The Town is working in partnership with the Estes Chamber of Commerce and the Estes Park Economic Development Corporation (EDC) on the time-sensitive process of reviewing SBR applications as they are submitted and deemed complete. We plan to share administrative funds received from the County proportionately with the Chamber and EDC in recognition of their time and assistance in administering the program. Proposal: In general, the IGA outlines the total grant amount provided by the State to Larimer County, how the program will be administered through the Municipal Business Hub partnership, and how funds will be disbursed by and reimbursed to the hubs. Advantages: Local businesses have experienced significant financial challenges as a result of COVID-19. The SBR program targets the types of businesses that have been hit particularly hard by restrictions imposed on business operations. Disadvantages: None Action Recommended: Approval of the Intergovernmental Agreement between Larimer County and the Town of Estes Park regarding administration of the Colorado Department of Local Affairs Local Government Small Business Relief Program. Finance/Resource Impact: The Town expects to be reimbursed for the total dollar amount disbursed to local businesses by the Town, plus a portion of the administrative funds. Level of Public Interest High Sample Motion: I move to approve Resolution 09-21. Attachments: 1. Resolution 09-21. 2. Intergovernmental Agreement between Larimer County and the Town of Estes Park regarding administration of the Colorado Department of Local Affairs Local Government Small Business Relief Program. Page 178 RESOLUTION 09-21 APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY FOR ADMINISTRATION OF THE SMALL BUSINESS RELIEF PROGRAM WHEREAS, Senate Bill 20B-001, regularly referred to as the Small Business Relief (SBR) Program administered by Colorado Department of Local Affairs (DOLA), was enacted on December 7, 2020, appropriating state funding to provide relief to small businesses in targeted industries (i.e., restaurants, bars, breweries, wineries, distilleries, caterers, movie theatres, fitness and recreational sports centers) impacted by severe capacity restrictions due to the COVID-19 pandemic; and WHEREAS, Larimer County (“the Grantor”), has been informed by DOLA that it will receive an allocation of $2,203,110 in state funding to provide relief to the targeted small businesses, as outlined in Senate Bill 20B-001; and WHEREAS, the Grantor will work in partnership with the Town of Estes Park and other municipalities (Grantor, Grantee, and the other municipalities together referred to as the “Partners”; and Grantee and the other municipalities together referred to as “Hubs” and individually as “Hub”) to successfully administer the SBR Program in order to provide relief payments to eligible small businesses in accordance with Senate Bill 20B-001; and WHEREAS, the Town Board wishes to enter an intergovernmental agreement referenced in the title of this resolution for the purpose of defining the process by which the DOLA Small Business Relief Program funds will be administered. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves, and authorizes the Mayor to sign, the intergovernmental agreement referenced in the title of this resolution in substantially the form now before the Board. Page 179 DATED this day of , 2021. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Page 180 LARIMER COUNTY ECONOMIC AND WORKFORCE DEVELOPMENT COLORADO DEPARTMENT OF LOCAL AFFAIRS LOCAL GOVERNMENT SMALL BUSINESS RELIEF (SBR) PROGRAM (SENATE BILL 20B-001) INTERGOVERNMENTAL AGREEMENT 1 THIS INTERGOVERNMENTAL AGREEMENT (referred to as “IGA” or “Agreement” herein) is made this _______ day of January 2021, (“Effective Date”) by and between Larimer County (“Grantor”) and the Town of Estes Park (“Grantee”). Grantor and Grantee shall be referred to herein collectively as the “Parties”. RECITALS Whereas, Senate Bill 20B-001, regularly referred to as the Small Business Relief (SBR) Program administered by Colorado Department of Local Affairs (DOLA), was enacted on December 7, 2020, appropriating state funding to provide relief to small businesses in targeted industries (i.e., restaurants, bars, breweries, wineries, distilleries, caterers, movie theatres, fitness and recreational sports centers) impacted by severe capacity restrictions due to the COVID-19 pandemic; and Whereas, Grantor has been informed by DOLA that it will receive an allocation of $2,203,110 in state funding to provide relief to the targeted small businesses, as outlined in Senate Bill 20B- 001; and Whereas, Grantor will work in partnership with Grantee and other municipalities (Grantor, Grantee, and the other municipalities together referred to as the “Partners”; and Grantee and the other municipalities together referred to as “Hubs” and individually as “Hub”) to successfully administer the SBR Program in order to provide relief payments to eligible small businesses in accordance with Senate Bill 20B-001; and Whereas, the Parties enter this IGA in order to define the process by which these funds will be administered. NOW, THEREFORE, the Parties mutually agree that, 1. Grant Amount. a.The total allocation of state funding to Grantor (“SBR Allocation”) is $2,203,110. b.The total award of financial resources to each Hub (each “Grant”) will be determined on or around January 29, 2021. c.The Grant amount to each Hub will be divided into two parts: 1. Relief Grants, which will be distributed to eligible businesses by the Hubs, and 2. An Administration Grant which each Hub may use to cover its costs of administering the SBR Program. i.Relief Grants. After close of the application process and based upon the total number of eligible applications, Grantor will determine the Relief Grant amount that eligible applicants will receive in each of the three tiers Page 181 LARIMER COUNTY ECONOMIC AND WORKFORCE DEVELOPMENT COLORADO DEPARTMENT OF LOCAL AFFAIRS LOCAL GOVERNMENT SMALL BUSINESS RELIEF (SBR) PROGRAM (SENATE BILL 20B-001) INTERGOVERNMENTAL AGREEMENT 2 (see §2(b)(v) for further explanation on tiers). Eligible applicants in the same tier will all receive the same Relief Grant amount regardless of which Hub is administering the funds. Relief Grants in each tier will be equal to the highest amount prescribed by DOLA for the specific tier (“DOLA Tier Max”) if the SBR Allocation is large enough to allow for such when taking into consideration the Administrative Grants. In the event the SBR Allocation is not large enough to allow for Relief Grants equal to the DOLA Tier Max, the DOLA Tier Max will be proportionally reduced to determine the Relief Grant amounts for each tier. Notwithstanding the forgoing, if all Partners agree it is appropriate, a non- proportionate tier reduction may be utilized so long as the rationale for such a decision is clearly articulated and documented. The total funds that each Hub will receive to administer for Relief Grants in each tier will be equal to the Grantor-determined Relief Grant amount for the tier, multiplied by the number of eligible applications received by the individual Hub for that tier. ii. Administration Grant. Senate Bill 20-B-001, through the Colorado Department of Local Affairs (DOLA), permits up to 5% of the utilized SBR Allocation to be used for administrative costs (“Allowable Admin Costs”). For the SBR Program, DOLA does not distinguish between administrative costs and Program Costs (defined in §1(d)), so the Program Costs shall be paid out of the designated 5% before Administrative Grant amounts are determined. After close of the application process, Grantor will calculate the Allowable Admin Costs and then will reduce that amount by the total Program Costs to determine the remaining administrative funds to be distributed between the Partners (Remaining Admin Funds). Ten percent (10%) of the Remaining Admin Funds will go to Grantor and the remaining ninety percent (90%) will be split between the Hubs proportionately based upon the number of applications each receives in comparison to the total number of applications received by all three Hubs. Each Hub’s proportionate amount will be the Administrative Grant it receives. d. Program Costs are those that support the overall SBR Program operation/implementation and are used by all of the Partners. Program Costs itemized below will be deducted from the Allowable Admin Costs and distributed to the appropriate Partners before the Administrative Grant amounts are determined. Program Costs are as follows: (1) Zoom Grant Licensure - reimbursed to the City of Fort Collins in an amount not to exceed $8,000 unless otherwise agreed to by all the Partners; (2) Document translation services for program implementation - Reimbursed to Grantor in an amount not to exceed $1,500 unless otherwise agreed to by all the Partners; (3) Cultural Broker Page 182 LARIMER COUNTY ECONOMIC AND WORKFORCE DEVELOPMENT COLORADO DEPARTMENT OF LOCAL AFFAIRS LOCAL GOVERNMENT SMALL BUSINESS RELIEF (SBR) PROGRAM (SENATE BILL 20B-001) INTERGOVERNMENTAL AGREEMENT 3 Contract with Infante Consulting and Research - reimbursed to Grantor at $14,500; (4) Outreach and Marketing Expenses (to be determined and reimbursed to appropriate entity); and (5) other similar costs as agreed-upon by all the Partners. Proof of purchase must be provided to Grantor before payment will occur. Proof of purchase documentation shall be provided to other Partners upon request. e. The combined total of the Hubs’ Grants, Program Costs and Grantor administrative share shall not exceed the SBR Allocation. Grantee’s combined Administrative Grant and Relief Grant funds will be disbursed to Grantee within five (5) business days of the date on which the determination of the Grant amount is made, subject to Grantor’s receipt of the funds from DOLA and all terms, provisions, conditions, covenants, and agreements contained in this Agreement. 2.Grant Distribution & Use. a.Administrative Grant. Grantee may use its Administrative Grant for its own administrative costs incurred during the period of December 22, 2020, through and including February 12, 2021. The Administrative Grant may only be used for costs of the following functions: (1) receiving, processing, retaining, and managing SBR applications from restaurants, bars, breweries, wineries, distilleries, caterers, movie theatres, fitness and recreational centers, and other eligible applicants; (2) providing expeditious SBR relief payments and 1099s to eligible small businesses receiving relief payments, as directed in the Relief Fund section of Senate Bill 20B-001; (3) responding to requests for information, as needed; (4) to retain and provide specific data to be used for DOLA reporting; (5) marketing and outreach to small businesses in the targeted industries and geographical area; (6) working in partnership with Grantor and other Hubs to identify areas of concern or necessary modifications and/or the provision of technical assistance to others involved with implementing the SBR; and (7) paying contracted third-party organizations to assist with the aforementioned administrative tasks. b.Relief Grants. i.The Relief Grants shall be awarded to eligible small businesses. ii. Criteria of eligibility for Relief Grants will be as prescribed by the SBR Program administered by DOLA. iii.The Partners will use a standard application form, collect the same documentation from applicants, and use the same online grant management system. iv. The application period for the SBR Program will be a total of 22 days, from Wednesday January 6, 2021, through close of business on Wednesday, January 27, 2021. v.Eligible applications will be placed in one of three tiers as prescribed by the SBR Program. Tier placement will determine the amount of Relief Page 183 LARIMER COUNTY ECONOMIC AND WORKFORCE DEVELOPMENT COLORADO DEPARTMENT OF LOCAL AFFAIRS LOCAL GOVERNMENT SMALL BUSINESS RELIEF (SBR) PROGRAM (SENATE BILL 20B-001) INTERGOVERNMENTAL AGREEMENT 4 Grant funding each applicant will receive. Relief Grants that Grantee administers to eligible applicants in each tier shall be equal to the Relief Grant amount determined by Grantor for the applicable tier (see §1(c)(i)). vi.In the event special circumstances exist, such as an eligible applicant owing delinquent sales taxes, the Partners may choose to not award an eligible applicant with a Relief Grant. In order to take such an action, all Partners must agree. vii. All Relief Grant payments shall be placed in the mail to eligible applicants receiving such payments on or before February 12, 2021. viii.As a prerequisite to a Relief Grant payment, the Grantee may require an eligible applicant to execute a financial assistance agreement in the form required by the Grantee. c.Remaining Funds. i.In the event a Partner is unable to utilize all of its Administrative Grant funds per this Agreement, the remaining amount may be distributed to one or more of the other Partners who can demonstrate a need for additional administrative funds. The distribution of such funds shall be determined through mutual agreement of all the Partners at that time. ii.Any Administrative Grant and Relief Grant funds not used as set forth in §2 shall be returned to Grantor in order to be returned to DOLA. The return of remaining funds shall occur no later than March 15, 2021, unless sooner required by DOLA in which case Grantee shall return the funds within ten (10) days of notification. 3.Financial and Performance Reporting. Grantee shall undertake the following obligations in connection with the Grant and this IGA: a. Grantee shall maintain complete and accurate records relating to the administration of the SBR Program funds, including but not limited to applications received, copies of payments made/funding provided, and records of administrative costs incurred. Said records shall be made available for review by Grantor and/or DOLA upon advance notice, to the extent permitted by law. Grantee shall cooperate with requests for copies of such records, to the extent permitted by law. Grantee shall keep such records for five (5) years after February 12, 2021. b.Within forty-five (45) days of February 12, 2021, Grantee shall provide to Grantor a financial and narrative report that documents: (1) the names of all small businesses that applied for SBR funds; (2) identification of the eligible small businesses that received a Relief Grant; (3) the amount of each Relief Grant and date of payment; (4) a brief synopsis of outreach and marketing activities used by Grantee; (5) the amount of the Administrative Grant used by Grantee for administrative costs; (6) how those administrative costs were expended; and (7) 1 Page 184 LARIMER COUNTY ECONOMIC AND WORKFORCE DEVELOPMENT COLORADO DEPARTMENT OF LOCAL AFFAIRS LOCAL GOVERNMENT SMALL BUSINESS RELIEF (SBR) PROGRAM (SENATE BILL 20B-001) INTERGOVERNMENTAL AGREEMENT 5 to 2 “success” stories related to the benefits of the Relief Grants. For small businesses that did not receive a Relief Grant, the Grantee shall provide a brief narrative/explanation as to the reason that a Relief Grant was not (or could not be) provided. 4. Inspections and Grant Oversight. Grantor may, at its own expense and at its own discretion, monitor and conduct an evaluation of the operations, programs or projects funded by the Grant, which may include, but are not limited to, participation in virtual meetings, and site visits by representatives and discussions with Grantee’s personnel to the extent that work is not being conducted virtually and that a site visit accommodates all appropriate pandemic mitigation protocols. 5. Termination of Grant. Grantor reserves the right to terminate this agreement and require Grantee to return any unspent Grant funds at the time of termination of this Agreement, at its sole discretion, if: (a) Grantee violates any terms and conditions of this Grant Agreement; (b) Grantor reasonably believes Grantee is no longer able to expend the Grant funds as contemplated by this Agreement, or otherwise achieve the purposes of the Grant; or (c) if required by the SBR Program or DOLA. 6. Miscellaneous Provisions. a.SBR Program/DOLA Requirements. Grantee shall follow all rules, requirements, and processes prescribed by the SBR Program and DOLA for the administration of SBR Program funds. b. Obligations Conditioned Upon Receipt of Funds. The obligations of the Parties set forth herein are conditioned on the receipt of SBR funds from DOLA. c.Assumption of Risk. Each Party will assume responsibility for covering its own costs until SBR funds are distributed to it and assumes its own risk that DOLA may not make an SBR Allocation to Grantor. d. Third-Party Beneficiaries. This Agreement is not intended to benefit any person or entity other than the Grantee and Grantor and no other person or entity may rely on the terms hereof. e.Discrimination. Grantee shall not discriminate against any person on the basis of race, color, religion, sex, national origin, disability, age, or veteran status, sexual orientation or any other basis prohibited by law in the use of Grant funds, administration of the lending capital in the Fund. f.Assignment. Grantee shall not assign or attempt to assign, any of its rights under this Agreement without the prior written consent of Grantor. The Grantee shall not convey or assign any portion of the Grant funds, except as permitted hereunder, prior to the completion of the Compliance Period without the prior written consent of the Grantor. g.Entire Agreement. This Agreement contains the entire agreement between the Parties and supersedes all prior discussions, understandings and agreements Page 185 LARIMER COUNTY ECONOMIC AND WORKFORCE DEVELOPMENT COLORADO DEPARTMENT OF LOCAL AFFAIRS LOCAL GOVERNMENT SMALL BUSINESS RELIEF (SBR) PROGRAM (SENATE BILL 20B-001) INTERGOVERNMENTAL AGREEMENT 6 regarding relief payments to allay COVID-19 impacts. Neither this Agreement nor any provision hereof may be changed, waived, discharged, or terminated orally and may only be modified or amended in writing, signed by the Parties. h. Prohibition of Pledging Credit and no Aid to Corporations. Pursuant to Colorado Constitution Article XI, Sections 1 and 2 and Article X, section 20, neither party shall indemnify nor hold harmless the other, or any other party, related to or operating under this Agreement. No provision in the Agreement shall limit or set the amount of damages available to either party to any amount other than the actual direct and indirect damages to such party, regardless of the theory or basis for such damages. Any provision included or incorporated herein by reference which purports to negate this provision in whole or in part shall not be valid or enforceable or available in any action at law or equity, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by this provision shall not invalidate the remainder of the Agreement. i.Governmental Immunity. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, notice requirements or other provisions, of the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq. as applicable now or hereafter amended. There is no intent to waive or restrict governmental immunity. j. Relationship of Parties. The Parties expressly agree and acknowledge that their relationship is that of Grantor and Grantee and that no other relationship, including that of joint venture, partnership or other common enterprise is created by this Agreement or any other Grant-related document(s). k. Survival of Covenants. All provisions hereof shall be binding upon Grantee, its successors and assigns and insure to the benefit of Grantor, its successors and assigns. l.Conflicts of Interest. Grantee shall not engage in any business or activities or maintain any relationships that conflict in any way with the full performance of the obligations of Grantee under this Agreement. Grantee shall require each recipient of a Relief Grant to certify that their agreement to accept the Relief Grant raises no impermissible conflict of interest under any federal, state, or local laws. If any actual or potential such conflict comes to the Grantee’s knowledge, the Grantee shall report it promptly to the Grantor. Grantee acknowledges that, with respect to this Agreement, even the appearance of a conflict of interest shall be harmful to the Grantor’s interests. Absent the Grantor’s prior written approval, Grantee shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of Grantee’s obligations under this Agreement. If a conflict or the appearance of a conflict arises, or if Grantee is uncertain whether a conflict or the appearance of a conflict has arisen, Grantee shall submit to the Grantor a disclosure statement setting forth the relevant details for the Grantor’s consideration. Failure to promptly submit a disclosure statement Page 186 LARIMER COUNTY ECONOMIC AND WORKFORCE DEVELOPMENT COLORADO DEPARTMENT OF LOCAL AFFAIRS LOCAL GOVERNMENT SMALL BUSINESS RELIEF (SBR) PROGRAM (SENATE BILL 20B-001) INTERGOVERNMENTAL AGREEMENT 7 or to follow the Grantor’s direction in regard to the actual or apparent conflict constitutes a breach of this Agreement. m.Insurance and Liability. Each Party is responsible for the actions and omissions of its employees, agents, and officers. Each party is responsible for ensuring it holds appropriate insurance to cover its actions relating to this agreement. n. Laws and Regulations. Grantee shall strictly comply with all applicable federal and state laws, rules, and regulations in effect or hereafter established. o. Choice of Law, Jurisdiction and Venue. Colorado law shall be applied in the interpretation, execution and enforcement of this Agreement. All suits or actions related to this Agreement shall be filed and proceedings held in the State of Colorado and venue shall be in Larimer County, Colorado. p.Fund Availability. Financial obligations of the Parties payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. If funds are not appropriated by DOLA, budgeted or made available, this Agreement shall immediately terminate without further obligation on the part of the respective party. See also C.R.S. 30-25-103. q.Future Funding. Grantee acknowledges that, except as expressly provided in this Agreement, Grantor has no obligation to Grantee with respect to any additional or future funding. r.Notices. All notices shall be in writing and shall be deemed to have been sufficiently given or served when presented personally, by email, or by mail to designated contact set forth below. Such addresses may be changed by notice to the other party given the same manner. i.If to Grantor: Jacob Castillo Economic & Workforce Development Director 200 W Oak St, 5th Floor Fort Collins, CO 80521 (970) 498-6605 jcastillo@larimer.org ii.If to Grantee:Travis Machalek Town Administrator Town of Estes Park, CO (970) 577-3705 tmachalek@estes.org The terms and conditions of this Agreement shall be governed by the construed in accordance with the laws of the State of Colorado, excluding its conflicts of law provisions. Page 187 LARIMER COUNTY ECONOMIC AND WORKFORCE DEVELOPMENT COLORADO DEPARTMENT OF LOCAL AFFAIRS LOCAL GOVERNMENT SMALL BUSINESS RELIEF (SBR) PROGRAM (SENATE BILL 20B-001) INTERGOVERNMENTAL AGREEMENT 8 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written. GRANTEE: By: Signature DATE Printed Name: Attest: By: __________________________________ APPROVED AS TO FORM: ____________________________________ Attorney GRANTOR: By: __________________________________ John Kefalas, Chair Attest: By: __________________________________ Page 188 TOWN CLERK’S OFFICE Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: January 26, 2021 RE: Interview Committee for the Local Marketing District Board (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: To appoint Town Board members to the interview committee for the open position on the Local Marketing District (LMD) Board. Present Situation: The LMD Board consists of seven community members, five of which are appointed by the Town Board. The LMD Board currently has one vacancy for a term expiring December 31, 2022. The Town Clerk’s Office has advertised the opening and currently has received one application as of the date of this memo. Proposal: Policy 101 Section 6 states all applicants for Town Committees/Boards are to be interviewed by the Town Board, or its designee. Any designee will be appointed by the Town Board. Therefore, two members of the Board would interview all interested applicants for the LMD Board position. Advantages: To move the process forward and allow interviews to be conducted of interested applicants. Disadvantages: None. Action Recommended: To appoint two Trustees to the interview committee. Finance/Resource Impact: None. Page 189 Level of Public Interest Low. Sample Motion: I move to approve/deny the appointment of Trustees __________ and ___________ to the Local Marketing District Board interview panel. Attachments: None. Page 190