HomeMy WebLinkAboutPACKET Town Board 2022-10-11The 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
Tuesday, October 11, 2022
7:00 p.m.
In Person Meeting – Mayor, Trustees, Staff and Public
ADVANCED PUBLIC COMMENT
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, October 11, 2022. All comments will be provided to the Board for consideration during the
agenda item and added to the final packet.
REMOTE PUBLIC PARTICIPATION DURING BOARD MEETING
Remote participation in the meeting will be available by call-in (telephone) or online via Zoom Webinar
which will be moderated by the Town Clerk’s Office. 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.
CALL-IN (TELEPHONE):877-853-5257 (toll-free) Webinar ID: 982 1690 2040
ONLINE (ZOOM WEBINAR): https://zoom.us/j/98216902040 Webinar ID: 982-1690-2040.
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.
CONSENT AGENDA:
1.Bills.
2.Town Board Minutes dated September 27, 2022, Town Board Study Session Minutes
dated September 27, 2022 and Special Town Board Minutes dated September 29,
2022.
3.Parks Advisory Board Minutes dated July 21, 2022 (acknowledgment only).
4. Transportation Advisory Board Minutes dated August 17, 2022 (acknowledgment
only).
5. Donation of a Flagstone Memorial Bench for Mrs. Walsh’s Garden.
Prepared 09-30-2022
*Revised
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NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
6. Resolution 83-22 Subscription License and Agreement with Tyler Technologies Inc.,
regarding Police Department Ticketing Software and Services, $26,080 – Budgeted.
ACTION ITEMS:
1. 2023 VISIT ESTES PARK OPERATING PLAN. Town Administrator Machalek.
Consideration of the Visit Estes Park Operating Plan for 2023.
2. RESOLUTION 84-22 MEMORANDUM OF UNDERSTANDING WITH THE ROCKY
MOUNTAIN CONSERVANCY REGARDING SHARED WORKSPACE AT THE
VISITOR CENTER. Director Hinkle.
3. RESOLUTION 85-22 SUPPORTING BALLOT ISSUE 6E. Assistant Town
Administrator Damweber.
Supporting Estes Park Local Marketing District Ballot Issue 6E to Levy an Additional
3.5% Lodging Tax on the Purchase Price Paid or Charged for Rooms or
Accommodations within the District, with such Revenue to be used for Workforce
Housing and Childcare.
ADJOURN.
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Town of Estes Park, Larimer County, Colorado, September 27, 2022
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 in said Town
of Estes Park on the 27th day of September, 2022.
Present: Wendy Koenig, Mayor
Scott Webermeier, Mayor Pro Tem
Trustees Marie Cenac
Kirby Hazelton
Barbara MacAlpine
Patrick Martchink
Cindy Younglund
Also Present: Travis Machalek, Town Administrator
Jason Damweber, Assistant Town Administrator
Dan Kramer, Town Attorney
Kimberly Disney, Recording Secretary
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/Hazelton) to approve the Agenda with the
addition of Action Item 5, and it passed unanimously.
PUBLIC COMMENTS.
Chris Pawson/Town citizen spoke regarding speed and traffic concerns along Peak View
Drive. A number of accidents and potential accidents have occurred on the street recently
and he requested the Town review the speed limits in the area specifically in regards to
wildlife and pedestrians.
John Meissner/Town citizen spoke regarding the 149th anniversary of Isabelle Bird’s
summit of Long’s Peak and stated an event would be held September 28, 2023 to mark
the 150th anniversary of the summit.
Greg Rosener/Town citizen spoke regarding the Estes Valley Short Term Rental Alliance
and the Town Board’s and Commissioner Shadduck-McNally’s support of workforce
housing and childcare. He urged citizens to vote in favor of the November 2022 Ballot
Issue 6E.
TRUSTEE COMMENTS.
Trustee comments were heard and have been summarized: The Estes Park Planning
Commission met and approved the rezoning of the Fish Hatchery property, a conditional
use permit of an accessory dwelling unit for long-term housing, and the Twin Owls Motor
Lodge development plan with the condition of adding adequate off-street parking. The
Women’s Monument has been updated to include statues of Jean Weaver and Wendy
Koenig, and the stepping stones would be reviewed for accessibility compliance. Rocky
Mountain Facelift volunteer work was performed to improve the Thumb Open Space and
YMCA accessibility. The Police Auxiliary would begin performing regular random patrols
of Estes Park schools, the Community Center, and sports fields beginning October 2022.
Family Advisory Board held a special meeting to develop family listening session which
would be conducted in Fall 2022. The Estes Valley Restorative Justice Partnership met
and received a report on the 2022 golf tournament fundraiser and October as Conflict
Resolution Month.
TOWN ADMINISTRATOR REPORT.
Town Administrator Machalek presented his policy governance report for policy 3.8 and
reported full compliance.
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Board of Trustees – September 27, 2022 – Page 2
CONSENT AGENDA:
1. Bills.
2. Town Board Minutes dated September 13, 2022, Town Board Study Session
Minutes dated September 13, 2022, and Special Joint Study Session Minutes
dated September 19, 2022.
3. Comprehensive Plan Advisory Committee Minutes dated July 28, 2022
(acknowledgment only).
4. Estes Park Board of Adjustment Minutes dated July 12, 2022 (acknowledgment
only).
5. Estes Park Planning Commission Minutes dated June 21, 2022 (acknowledgment
only).
6. Family Advisory Board Minutes dated August 4, 2022 (acknowledgement only).
7. Resolution 76-22 Contracts for Water System Infrastructure Upgrades with
Multiple Consultants.
8. Resolution 77-22 Covenant and Grant Award for Birch Ruins Preservation Phase
II with State of Colorado.
9. Letter of Support for two Grant Applications to Colorado Department of
Transportation 2023 Capital, Planning, Administrative, Operating, and Mobility
Management Transit Projects.
10. Letters of Support for Grant Applications to Colorado Department of Transportation
and Colorado Parks and Wildlife for Fall River Trail Construction.
11. Resolution 78-22 An Intergovernmental Agreement with the Estes Park Local
Marketing District regarding November 2022 Election Costs.
12. Reappointment of Lynn Lawson to the Estes Valley Public Library District Board of
Trustees for a four-year term beginning January 1, 2023 and expiring December
31, 2026.
13. Acceptance of Town Administrator Policy Governance Monitoring Report.
It was moved and seconded (Martchink/Younglund) to approve the Consent
Agenda, and it passed unanimously.
REPORTS AND DISCUSSION ITEMS: (Outside Entities).
1. ESTES PARK HOUSING AUTHORITY BOARD OF COMMISSIONERS
EXPANSION. Town Administrator Machalek presented a request by the Estes
Park Housing Authority (EPHA) to expand their Board of Commissioners from five
to “up to seven” members. He highlighted the history of the EPHA, increased
diversity of housing stakeholders, and a perceived gap in representation on the
Board of Commissioners. Board Chair Blackhurst stated the intention of this
request would be to add members of younger generations to participate as
Commissioners. The Board discussed age limits of the positions, shortening terms
of the commissioners, the application and interview process and statutory
requirements of posting the positions, and demographics and staggard terms of
the new positions. The Board directed staff to bring forward an Ordinance adjusting
the membership requirements for Board consideration.
LIQUOR ITEMS:
1. RESOLUTION 79-22 NEW LODGING AND ENTERTAINMENT LIQUOR LICENSE
APPLICATION FOR DELLA TERRA LLC DBA DELLA TERRA EVENTS, 3501
FALL RIVER DRIVE, ESTES PARK, COLORADO. Mayor Koenig opened the
public hearing and Deputy Town Clerk Beers presented Resolution 79-22. She
provided history on the current Liquor License held by Della Terra Mountain Chateau
and stated they were issued a Tavern License in 2009. In 2016 the State established
the Lodging and Entertainment Liquor License, which Della Terra Mountain Chateau
was not eligible for. They were allowed to continue operation under the Tavern
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Board of Trustees – September 27, 2022 – Page 3
License type, noting they would not be able to transfer the license should the
business sell. With this Lodging and Entertainment Liquor License application, and
the subsequent Hotel and Restaurant Liquor License application for review with
Resolution 80-22, Della Terra Mountain Chateau would separate the licensed
premises and license them separately under the appropriate license type. Deputy
Town Clerk Beers reviewed the application for the new Lodging and Entertainment
Liquor License, stating all paperwork and fees have been submitted, and the
application has undergone concurrent review. The applicant had completed the
Training for Intervention Procedures requirement and was available for questions.
The Board requested clarification on separating the proposed licensed premises.
Mayor Koenig closed the public hearing and it was moved and seconded
(Webermeier/Younglund) to approve Resolution 79-22 for a new Lodging and
Entertainment Liquor License for Della Terra LLC dba Della Terra Events, 3501
Fall River Drive, and it passed unanimously.
2. RESOLUTION 80-22 NEW HOTEL AND RESTAURANT LIQUOR LICENSE
APPLICATION FOR DELLA TERRA LLC DBA DELLA TERRA MOUNTAIN
CHATEAU, 3501 FALL RIVER DRIVE, ESTES PARK, COLORADO. Mayor Koenig
opened the public hearing and Deputy Town Clerk Beers presented Resolution 80-
22. She provided history on the current Liquor License held by Della Terra, as stated
with Resolution 79-22, and reviewed the application for the new Hotel and
Restaurant Liquor License, stating all paperwork and fees have been submitted, and
the application has undergone concurrent review. The applicant had completed the
Training for Intervention Procedures requirement and was available for questions.
Mayor Koenig closed the public hearing and it was moved and seconded
(Younglund/Hazelton) to approve Resolution 80-22 for a new Hotel and
Restaurant Liquor License for Della Terra LLC dba Della Terra Mountain
Chateau, 3501 Fall River Drive, and it passed unanimously.
ACTION ITEMS:
1. ORDINANCE 16-22 AMENDING THE ESTES PARK MUNICIPAL AND
DEVELOPMENT CODES REGARDING VIRTUAL MEETINGS. Mayor Koenig
opened the public hearing and Town Administrator Machalek presented Ordinance
16-22 which would provide the Town Board the ability to meet virtually in case of a
qualifying event. He highlighted the local disaster emergency issued March 19, 2020
in response to COVID-19, issues related to continuing the declared emergency
primarily to allow for virtual meetings, COVID-19 cases in 2022, proposed qualifying
events such as a current declared disaster, emergency affecting the Town, or a
period of elevated threat to public health due to COVID-19, and his intention to
rescind the emergency declaration should the Ordinance pass. The Board discussed
the authority to declare a local disaster emergency, the authority of the Mayor to call
for a virtual meeting, hybrid Town Board meetings, and what constitutes a local
disaster emergency. Mayor Koenig closed the public hearing and it was moved and
seconded (Martchink/Webermeier) to approve Ordinance 16-22, and it passed
unanimously.
2. APPROVE FRAMEWORK FOR EXPENDITURE OF POTENTIAL LODGING TAX
REVENUES. Assistant Town Administrator Damweber presented the Framework for
Expenditure of Potential Lodging Tax Revenues. He highlighted the previous
presentation to the Town Board at the Study Session held September 13, 2022,
House Bill 22-1117, the Lodging Tax Exploration Task Force, and Town
responsibilities agreed upon by the Larimer County Board of Commissioners and
Town Board. It was moved and seconded (Webermeier/Hazelton) to approve the
Proposed Framework for Expenditures of Local Marketing District Funds for
Workforce Housing and Childcare, and it passed unanimously.
3. INTERVIEW COMMITTEE FOR THE FAMILY ADVISORY BOARD. It was moved
and seconded (Martchink/Webermeier) to appoint Trustees Hazelton and
Younglund to the Family Advisory Board Interview Committee, and it passed
unanimously.
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Board of Trustees – September 27, 2022 – Page 4
4. INTERVIEW COMMITTEE FOR THE ESTES PARK PLANNING COMMISSION. It
was moved and seconded (Cenac/Webermeier) to appoint Mayor Koenig and
Trustee MacAlpine to the Estes Park Planning Commission Interview
Committee, and it passed unanimously.
5. APPROVING A LETTER OF INTENT TO MEET CONDITIONS AND A REQUEST
FOR OBLIGATION OF FUNDS FROM THE UNITED STATES DEPARTMENT OF
AGRICULTURE FOR GRANT FUNDING AND LOAN FINANCING TO SUPPORT
THE RECONSTRUCTION OF THE FORMER PROSPECT MOUNTAIN WATER
DISTRIBUTION SYSTEM OF THE FORMER PROSPECT MOUNTAIN WATER
COMPANY. Manager Wesley presented the Letter of Intent and Request for Funds
from the USDA for grant funding and loan financing. She stated additional items for
this project would be brought to the Town Board at a special meeting on Thursday,
September 29, 2022. She provided history on the project, the USDA provided grant,
procedure for approval on the project, and the timeframe issues in bringing this item
forward and the special meeting. The Board discussed the benefits to the Town,
fund matching obligations, loan financing for the project, financial impacts if the grant
was not approved by the USDA, and staff efforts on the project. It was moved and
seconded (Hazelton/MacAlpine) to approve the Letter of Intent to Meet
Conditions and a Request for Obligation of Funds from the United States
Department of Agriculture for Grant Funding and Loan Financing to support
the Reconstruction of the Former Prospect Mountain Water Distribution
System of the Former Prospect Mountain Water Company, and it passed
unanimously.
Whereupon Mayor Koenig adjourned the meeting at 8:21 p.m.
Wendy Koenig, Mayor
Kimberly Disney, Recording Secretary
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Town of Estes Park, Larimer County, Colorado September 27, 2022
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 27th day of
September, 2022.
Board: Mayor Koenig, Mayor Pro Tem Webermeier, Trustees
Cenac, Hazelton, MacAlpine, Martchink, and Younglund
Attending: Mayor Koenig, Mayor Pro Tem Webermeier, Trustees
Cenac, Hazelton, MacAlpine, Martchink, and Younglund
Also Attending: Town Administrator Machalek, Assistant Town Administrator
Damweber, Town Attorney Kramer, and Recording
Secretary Disney
Absent: None
Mayor Koenig called the meeting to order at 4:30 p.m.
FIRE DISTRICT SALES TAX REQUEST.
Town Administrator Machalek and Chief Wolf presented a request for an increased
percentage of sales tax to the Estes Valley Fire Protection District (EVFPD). Town
Administrator Machalek provided background on the request, inclusion of the sales tax
request in 1A sales tax renewal conversations, the potential of a term-limited grant
specialist position to pursue funding for EVFPD, and grants the district plans to pursue.
The Board discussed funding for the grant specialist position, sunset component of the
1A sales tax, contracting a grant specialist versus employing the position, mitigation
sustainability in and outside of Town limits, property tax options, and next steps.
DRAFT DOWNTOWN WAYFINDING PLAN.
Consultant Kristen Cypher of Michael Baker International presented the draft Downtown
Wayfinding Plan. She provided an overview of the project and highlighted the Design
and Implementation Plan, concept designs, public outreach, estimated costs, and
phased implementation. The final Design and Implementation Plan would be presented
to the Town Board in November 2022. The Board discussed visual impairment signage,
multi-lingual and icon signage, informational updates and replacements, incorporating
the parking signs already in use, and visibility of auto-directional signage.
BUILDING CODES, ENERGY CODE, AND PROPERTY MAINTENANCE CODE
OVERVIEW. Director Garner and Chief Building Official Rusu provided an overview of
building codes, the energy code, and property maintenance code. They highlighted the
need for the Town to update to the 2021 building codes, Larimer County’s adoption of
the 2021 codes, clarity of codes for contractors, cooperation with the EVFPD regarding
the property maintenance code, educating commercial property owners and business
owners on the property maintenance code, the State mandated timeline of adopting the
International Energy Conservation Code, and discussions with the Building Advisory
Committee. The Board discussed the energy code in conjunction with PRPA, energy
efficient homes, outreach to contractors operating in Town, and how often building
codes were updated. The Board directed staff to bring forward consideration of the 2021
building codes at a future Town Board meeting.
TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS.
Trustee Younglund questioned if Police Chief candidate biographies would be available
for public review.
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Town Board Study Session – September 27, 2022 – Page 2
FUTURE STUDY SESSION AGENDA ITEMS.
Mayor Pro Tem Webermeier requested an update on Trailblazer Broadband and it was
determined to add this to the items approved unscheduled, with a request to schedule it
prior to the end of 2022.
There being no further business, Mayor Koenig adjourned the meeting at 6:06 p.m.
Kimberly Disney, Recording Secretary
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Town of Estes Park, Larimer County, Colorado, September 29, 2022
Minutes of a Special meeting of the Board of Trustees of the Town of Estes
Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town
of Estes Park on the 29th day of September, 2022.
Present: Wendy Koenig, Mayor
Scott Webermeier, Mayor Pro Tem
Trustees Kirby Hazelton
Barbara MacAlpine
Patrick Martchink
Cindy Younglund
Also Present: Travis Machalek, Town Administrator
Jason Damweber, Assistant Town Administrator
Greg White, Town Special Counsel
Bunny Victoria Beers, Deputy Town Clerk
Absent: Trustee Cenac
Mayor Koenig called the meeting to order at 2:07 p.m.
AGENDA APPROVAL.
It was moved and seconded (Webermeier/Hazelton) to approve the Agenda, and it
passed unanimously.
CONSENT AGENDA:
1. Resolution 67-22 United Stated Department of Agriculture (USDA) Loan
Resolution to fund the Prospect Mountain Water System Reconstruction Project.
2.Resolution 68-22 USDA for Grant Funding to Support the Reconstruction of the
Prospect Mountain Water Distribution System.
It was moved and seconded (Webermeier/MacAlpine) to approve the Consent
Agenda, and it passed unanimously.
ACTION ITEMS:
1.ORDINANCE 15-22 THE TOWN ACTING BY AND THROUGH ITS WATER
ACTIVITY ENTERPRISE, AUTHORIZING THE EXECUTION AND DELIVERY OF
A CONSTRUCTION LOAN AGREEMENT AND A CONSTRUCTION LOAN NOTE,
SERIES 2022A AND OTHER DOCUMENTS RELATED THERETO IN
CONNECTION WITH REBUILDING AND IMPROVING THE WATER
DISTRIBUTION SYSTEM OF THE FORMER PROSPECT MOUNTAIN WATER
COMPANY (PMWC); AND DECLARING AN EMERGENCY. Mayor Koenig opened
the public hearing and Director Bergsten presented Ordinance 15-22. He stated
approval of Ordinance 15-22 would enable financing of the Prospect Mountain Water
reconstruction project and support affordability by spreading the cost over future
years to the home owners. Upgrades would bring the infrastructure up-to-date with
Town compatible technology, improve water infrastructure reliability and quality, and
add fire protection to the neighborhood impacted. The Town would take on a loan
not to exceed $4,493,000 for a 40-year term. The loan would be replaced with a
USDA guaranteed loan upon construction completion. The Board questioned the
interest rates for the construction loan, risks with inflation and when beneficiaries
would begin paying fees. Mayor Koenig closed the public hearing and it was moved
and seconded (Younglund/Webermeier) to approve Ordinance 15-22, and it
passed unanimously.
2.RESOLUTION 81-22 SUPPLEMENTAL BUDGET APPROPRIATIONS #4. Director
Hudson presented the supplemental budget appropriations #4. Changes included
updating the sales tax revenues for 2022 and ongoing expenditures for USDA items
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Board of Trustees – September 29, 2022 – Page 2
totaling $4.7 million in appropriations. It was moved and seconded
(Webermeier/Hazelton) to approve Resolution 81-22, and it passed unanimously.
3. RESOLUTION 82-22 AWARDING THE USDA-RD FINANCED CONSTRUCTION
CONTRACT WITH WAGNER CONSTRUCTION, INC. TO REBUILD THE
PROSPECT MOUNTAIN WATER SYSTEM. Manager Wesley stated the project
was put to bid in July 2022. Wagner Construction, Inc., was vetted and identified as
the qualified low bidder selected for the project. Staff requested approval of
Resolution 82-22. There being no further discussion, it was moved and seconded
(Hazelton/MacAlpine) to approve the Resolution 82-22, and it passed
unanimously.
Whereupon Mayor Koenig adjourned the meeting at 2:31 p.m.
Wendy Koenig, Mayor
Bunny Victoria Beers, Deputy Town Clerk
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Town of Estes Park, Larimer County, Colorado, July 21, 2022
Minutes of a Regular meeting of the PARKS ADVISORY BOARD of the
Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal
Building in said Town of Estes Park on the 21st day of July, 2022.
Board: Chair Geoff Elliot; Members Christian Berry, Donovan
Colegrove, Elizabeth Kostiuk, Vicki Papineau, and Ron
Wilcocks
Attending: Chair Elliot; Members Berry, Colegrove, Papineau, and
Wilcocks; Trustee Younglund; Supervisor Berg; Recording
Secretary McDonald; and Presenters Greg Miles (Estes Arts
District) and Lars Sage (Art Center of Estes Park & Fine Arts
Guild of the Rockies)
Absent: Member Kostiuk
Chair Elliot called the meeting to order at 8:32 a.m.
PUBLIC COMMENT
Recording Secretary McDonald reported that some downtown business owners asked to
be notified in advance when downtown power washing is scheduled. Notice of the July
26-28 service is featured on social media.
ARTS COMMUNITY UPDATES
Chair Elliot welcomed Greg Miles, representing the Estes Arts District (EAD), and Lars
Sage, representing the Art Center of Estes Park (AC) and the Fine Arts Guild of the
Rockies (FAGR). Prior to their presentations, Chair Elliot summarized the PAB’s activities
and discussions to-date surrounding an Arts Master Plan (AMP) and the Town Board’s
position that an AMP is desirable but not as a Town-managed endeavor. Resources from
AMP legwork already done by the PAB will be available to the arts community.
Presenter Miles, EAD President, explained the history and current leadership of the EAD.
Town Administrator Machalek had presented the AMP as a possible project of the EAD,
and the organization is willing to take on this project; connections in the creative districts
of Greeley, Steamboat Springs, and Salida will be good resources. Base funding for the
AMP may be offered by the Town, and the EAD would work with grant writing contacts
and its own executive director to develop the document. Presenter Miles also explained
the FAGR’s support and production of local music festivals, mural work throughout the
community, and collaboration with Estes Park High School (EPHS) art students. The
FAGR is committed to increasing the cultural footprint in Estes Park.
Presenter Sage, AC Gallery Manager and FAGR Board President, reported that the AC
is in its 35th year and wants to be a voice in the AMP because it believes that Estes Park
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Parks Advisory Board – July 21, 2022 – Page 2
should be an arts destination. The FAGR celebrates 65 years in 2023, and is hoping for
the development of a permanent space for theatrical and other performance art.
Both presenters indicated a strong desire for the Town to support the local arts community
in their efforts to develop the AMP.
TRUSTEE LIAISON UPDATES
Trustee Younglund reported that the Thumb Open Space (TOS) Dedication was an
enjoyable, successful event.
APPROVAL OF MINUTES DATED JUNE 16, 2022
It was moved and seconded (Papineau/Berry) to approve the June 16, 2022, meeting
minutes, and the motion passed unanimously.
THUMB OPEN SPACE DEDICATION
Supervisor Berg advised that the TOS ribbon-cutting ceremony went smoothly, and that
two guided climbing organizations are already active at the site; a third application was
just approved. Since the parking area can handle only 4-5 cars per day, Supervisor Berg
does not advise actively advertising the area beyond the Mountain Project website,
mountainproject.com. Further work at the TOS includes replacing the pump house
building and improving accessibility for climbers and other users with disabilities. Access
Fund will be a resource for developing accessibility for adaptive bikes, and the Rocky
Mountain Conservancy will be a resource for developing the emergency access trail.
VETERANS MONUMENT DONATION: SPACE FORCE ROCK
Supervisor Berg reported that the AIPP donation of the Space Force Rock was approved
at the July 12 Town Board meeting. Development and installation details are being
planned.
MRS. WALSH’S GARDEN
Supervisor Berg reported that Mrs. Walsh’s Garden will host its annual Garden Day event
on July 28, and that Merle Moore’s hosted walks in June and July were extremely
informative and well attended. Recording Secretary McDonald explained that the Mrs.
Walsh’s Garden webpage now has a tab providing event details; Member Papineau
stated that the Pikas in the Park scavenger hunt also draws visitors to the area. Trustee
Youngland will speak with a contact regarding placement of promotional brochures in
area lodges. Garden projects include reconstruction of the patio area, further plantings,
and development of the waterfall, where hummingbirds converge in the morning.
PARKS UPDATE
Supervisor Berg advised that Parks staff have been working on noxious weed control
since the Fourth of July. Trailblazer Broadband is working to expand service at the TOS.
The fault protection area is being developed at the Big Thompson Recreation Area, which
should officially open in August or September. The easement between the river and the
Visitor Center needs cleaned up, but improvements can only be made by the owning
Bureau of Reclamation.
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Parks Advisory Board – July 21, 2022 – Page 3
OTHER BUSINESS
Chair Elliot announced that Vice-Chair Poggenpohl had officially resigned from the PAB,
and welcomed new PAB members Donovan Colegrove and Elizabeth Kostiuk. All PAB
members in attendance offered a brief introduction.
Chair Elliot inquired about the status of the Parks Master Plan; Supervisor Berg stated
that funding is still in process
For the August PAB meeting, Chair Elliot encouraged members to help coordinate the
availability of community resources on environmental awareness, wetlands, trails
recreation, and the arts. Such resources could be approved by the Town’s Public
Information Officer for placement as helpful links and/or download on the Parks and PAB
webpages.
There being no further business, Chair Elliot adjourned the meeting at 9:26 a.m.
/s/Lani McDonald, Recording Secretary
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Town of Estes Park, Larimer County, Colorado, August 17, 2022
Minutes of a Regular meeting of the TRANSPORTATION ADVISORY
BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held
in the Municipal Building in said Town of Estes Park on the 17th day of
August, 2022.
Board: Chair Belle Morris; Vice-Chair Kristen Ekeren; Members
Javier Bernal, Jessica Ferko, Ann Finley, Larry Gamble, Linda
Hanick, Mark Igel, and Gordon Slack
Attending: Chair Morris; Vice-Chair Ekeren; Members Bernal, Ferko,
Igel, and Slack; Manager Hook; Director Muhonen; Trustee
Martchink; Recording Secretary McDonald; Jeff Bailey, Public
Works Engineer; LauraJane Baur, Community Development
Planning Technician; and Dana Klein, The Car Park Manager
Absent: Members Finley, Gamble, and Hanick
Chair Morris called the meeting to order at 12:07 p.m.
PUBLIC COMMENT
None.
TRUSTEE LIAISON UPDATE
Trustee Martchink reported no updates.
APPROVAL OF MINUTES DATED JULY 20, 2022
It was moved and seconded (Slack/Bernal) to approve the July 20, 2022, minutes
with minor amendments, and the motion passed unanimously.
PAID PARKING PROGRAM
Manager Klein (The Car Park) delivered the 2022 Mid-Season Update on Paid Parking.
Presentation points included a recap of the program goals, with an emphasis on customer
appreciation for turnover activity for the 726 parking spaces; program improvements since
2021, with an emphasis on the elevation of customer service through increased seasonal
staffing and relationships with downtown businesses; ongoing issues to be addressed for
the 2023 season, with an emphasis on increasing the WiFi quality and speed for pay
station transactions; summaries of the Key Performance Indicator (KPI) reports; and
focus tasks for evaluating the remaining season in preparation for 2023
recommendations.
Discussion points included the testing of Verizon and AT&T kiosk connections in the West
Riverside Lot; the possible benefits of using a push-pull reader for payment batch
collection; activity in the Post Office reserved parking; increasing bike racks in lots with
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Transportation Advisory Board – August 17, 2022 – Page 2
lower parking capacity; criteria measures for the KPI reports as they relate to paid parking
goals, and how the current “boots on the ground” turnover study, as well as studying
Rocky Mountain National Park (RMNP) attendance, will cross-check the KPI numbers;
the pending status of the new Express Pass due to ParkMobile parking app issues; the
observed influence of paid parking on downtown visitor shopping behavior; and the
practice of issuing courtesy/warning tickets and leniency in the ticket dispute process.
TAB members are encouraged to provide ongoing feedback on the paid parking program.
DOWNTOWN WAYFINDING PLAN
Manager Hook displayed the results of the Downtown Wayfinding Plan’s (DWP) July
design survey, which captured the community’s preferences for pedestrian and auto
directional signs, informational kiosks, and signage for trails and shuttle stops. Also
presented were designs for trail signs, mile markers, auto directionals, and building-
mounted pedestrian directionals. Manager Hook briefly navigated the Google Earth image
of the DWP signage location plan.
Discussion points included the practices surrounding the use of international symbols;
signage structure and material factors in relation to wind impact and the breakaway
features of the stone; placement options for the Town logo or name on the sign posts; the
overall timeline for the DWP final designs and development phases; and the possibility of
Visit Estes Park placing an electronic informational kiosk at the Visitor Center.
Manager Hook advised that the DWP project team’s next step is offering a virtual open
house and online survey of these final design options. The open house and survey will
be available on the project webpage September 1-15; TAB members are encouraged to
complete this survey.
CLEAVE STREET IMPROVEMENTS PLAN
Manager Hook briefed the TAB on the history of the Cleave Street Improvements Plan
(CSIP), which commenced in 2019 but was delayed during the pandemic and then put on
hold during completion of the Town’s Comprehensive Plan. With development activity
now being planned by the Old Church Shops and another area parcel, the CSIP project
is resuming with an August 18-29 online survey and an August 25 public meeting. The
four conceptual designs and three renderings of Cleave Street were presented.
Discussion points included the area’s drainage problems; right-of-way considerations; the
possibilities and challenges of each design option (One-Way Multimodal, Parking; Mixed-
Use Plaza, No Parking; Two-Way Roadway, No Parking, Sidewalks; and Two-Way
Roadway, Parking Sidewalks); and Cleave Street’s designation as a multi-use area in the
Downtown Plan.
Director Muhonen encouraged the TAB’s feedback on the four designs prior to the 90
percent design phase.
ENGINEERING UPDATES
Page 16
Transportation Advisory Board – August 17, 2022 – Page 3
Director Muhonen advised that final plans have been received for the US 36/Community
Drive Roundabout. The Colorado Department of Transportation (CDOT) concurrence to
advertise is pending approval, and the budget increase and CDOT Intergovernmental
Agreement IGA) revision will be presented to the Town Board on September 13. Bidding
and construction should take place this fall.
Downtown Estes Loop (DEL) final plans are ready, and bidding is targeting for early
September for January 2023 construction. The Town Board approved the $500k local
match funding increase and approved amendments to the noise ordinance. Director
Muhonen will deliver a Downtown Estes Loop (DEL) presentation to the Rotary Club of
Estes Park on August 18.
The Upper Front Range Transportation Planning Region (UFRTPR) Executive
Committee recommended the $1.4m Multimodal Options Fund (MMOF) grant award for
the next phase of the Fall River Trail (FRT). The Multimodal Transportation Plan (MTP)
was not awarded this grant.
ADMINISTRATION UPDATES
Director Muhonen’s Public Works Department restructuring was approved by the Town
Board. In the coming months, 13 of 28 positions will be recruited, including the position
of Town Engineer in anticipation of Manager Hook’s January 2023 retirement. All open
positions can be found on the Town website; the TAB is encouraged to invite applicants.
OTHER BUSINESS
There being no further business, Chair Morris adjourned the meeting at 2:11 p.m.
/s/Lani McDonald, Recording Secretary
Page 17
Page 18
PUBLIC WORKS Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Brian Berg, Parks Supervisor
Greg Muhonen, PE, Public Works Director
Date: October 11, 2022
RE: Donation of a Flagstone Memorial Bench for Mrs. Walsh’s Garden
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER Donation
QUASI-JUDICIAL YES NO
Objective:
Accept the donation of a flagstone memorial bench for Mrs. Walsh’s Garden with the
engraving “In Loving Memory of Drew Thomas Wilcocks, 1994- 2021, Local
Horticulturalist and Student, He Loved Flowers and Trees.”
Present Situation:
This bench will be purchased by the Ronald Wilcocks family and installed by the Parks
Division at the waterfall in Mrs. Walsh’s Garden. During construction, a similar flagstone
bench was damaged in the area and this bench would be its replacement. The citizen
Parks Advisory Board supports the addition of this bench to the Town’s collection.
Proposal:
The Wilcocks family would like to donate a single seat flagstone bench to the Mrs.
Walsh’s Garden’s waterfall area. The approximate value of the bench is $1,500
excluding installation. The Town’s Park Division will complete the installation. The
engraving work will be done by the bench supplier.
Advantages:
• Adding this bench to Mrs. Walsh’s Garden will enhance the beauty and
enjoyment of this area for people of all ages.
Disadvantages:
• The Town’s Public Works Parks Division will be in charge of installation and
any bench maintenance.
Action Recommended:
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Public Works staff recommend acceptance of this bench donation.
Finance/Resource Impact:
There will be an expenditure to the Parks Division to install and maintain the bench.
Level of Public Interest
Low
Sample Motion:
I move for the approval/denial of the flagstone memorial bench donation for Mrs.
Walsh’s Garden.
Attachments:
1. Flagstone Bench Photo
2. Bench Engravement Text
Page 20
,' """-�. I ....... , ,,.
I,, ,, ..
/ .,,:
'\... ., ,�� . � Z· _, �
\. / .... .,,,,,. i
Attachment 1
Page 21
"In Loving Memory of
Drew Thomas Wilcocks
1994 -2021
Local Horticulturalist and Student
He Loved Flowers and Trees"
8
Attachment 2
Page 22
POLICE DEPARTMENT Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Interim Captain Jeremiah Polucha
Date: October 11, 2022
RE: Resolution 83-22 Subscription License and Agreement with Tyler
Technologies, Inc. regarding Police Department Ticketing Software and
Services, $26,080 - Budgeted
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
To allow for the Estes Park Police Department to enter into a 5-year subscription
agreement with Tyler Technologies, Inc. for their Enforcement Mobile ticketing software.
Present Situation:
The Estes Park Police Department currently utilizes a software suite called APS
(Advanced Public Safety) to digitally generate, print, and issue traffic and criminal
misdemeanor citations to defendants.
The APS software suite is a legacy product, as it is nearly twenty years old and is no
longer updated or supported by the manufacturer. Additionally, APS does not interface
with our computer-aided dispatch (CAD) software or our records management system
(RMS) software.
The current industry-leading ticketing software is a product called Enforcement Mobile,
which is marketed and supported by Tyler Technologies (A.K.A. Tyler Brazos).
Enforcement Mobile is utilized by local and regional law enforcement agencies,
including Fort Collins Police Services, Loveland Police Department, and Boulder County
Sheriff’s Office. Enforcement Mobile integrates and interfaces with our CAD and RMS
software.
Proposal:
To enter into this agreement.
Advantages:
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This will allow the Police Department to implement modern and supported ticketing
software that seamlessly integrates with existing CAD and RMS software. Additionally,
this software has the capability to print off citations in Spanish.
Disadvantages:
No negatives at this time.
Action Recommended:
The Board approves and authorizes the Chief of Police or designee to enter a 5-year
contract with Tyler Technologies, Ltd.
Finance/Resource Impact:
The Police Department is responsible for paying a one-time fee of $4,020 and an
annual and recurring fee of $22,060 for five years. The Police Department has budgeted
for this continued expense.
Level of Public Interest
Staff believes that this topic is of high interest to the members of the community.
Motion:
I move for the approval Resolution 83-22.
Attachments:
1.Resolution 83-22
2.Tyler Technologies Subscription License and Services Agreement
Page 24
RESOLUTION 83-22
APPROVING A SUBSCRIPTION LICENSE AND SERVICES AGREEMENT WITH
TYLER TECHNOLOGIES, INC. FOR POLICE DEPARTMENT TICKETING
SOFTWARE AND SERVICES
WHEREAS, the Town Board wishes to enter the Subscription License and
Services Agreement referenced in the title of this resolution for the purpose of
implementing a new ticketing system for the Police Department.
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 agreement referenced
in the title of this resolution in substantially the form now before the Board.
DATED this day of , 2022.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Special Counsel
Attachment 1
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1
SUBSCRIPTION LICENSE AND SERVICES AGREEMENT
This Subscription License and Services Agreement is made between Tyler Technologies, Inc. and Client.
WHEREAS, Client selected Tyler to license the software products and perform the services set forth in the
Investment Summary and Tyler desires to perform such actions under the terms of this Agreement;
WHEREAS, Client is a member of Sourcewell (formerly known as National Joint Powers Alliance)
(“Sourcewell”) under member number: 61436.
WHEREAS, Tyler participated in the competitive bid process in response to Sourcewell RFP #090320 by
submitting a proposal, on which Sourcewell awarded Tyler a Sourcewell contract, numbered 090320-TTI
(hereinafter, the “Sourcewell Contract”);
WHEREAS, documentation of the Sourcewell competitive bid process, as well as Tyler’s contract with and
pricing information for Sourcewell is available at https://sourcewell-mn.gov/cooperative-purchasing/; and
WHEREAS Client desires to purchase off the Sourcewell contract to procure public safety software
functionality from Tyler, which Tyler agrees to deliver pursuant to the Sourcewell Contract and under the
terms and conditions set forth below.
NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth in
this Agreement, Tyler and Client agree as follows:
SECTION A – DEFINITIONS
•“Agreement” means this Subscription License and Services Agreement.
•“Business Travel Policy” means our business travel policy. A copy of our current Business Travel
Policy is attached as Schedule 1 to Exhibit B.
•“Client” means Town of Estes Park, CO.
•“Defect” means a failure of the Tyler Software to substantially conform to the functional
descriptions set forth in our written proposal to you, or their functional equivalent. Future
functionality may be updated, modified, or otherwise enhanced through our maintenance and
support services, and the governing functional descriptions for such future functionality will be set
forth in our then-current Documentation.
•“Developer” means a third party who owns the intellectual property rights to Third Party Software.
•“Documentation” means any online or written documentation related to the use or functionality of
the Tyler Software that we provide or otherwise make available to you, including instructions, user
guides, manuals and other training or self-help documentation.
•“Effective Date” means the date by which both of our authorized representatives have signed the
Agreement.
•“Force Majeure” means an event beyond the reasonable control of you or us, including, without
limitation, governmental action, war, riot or civil commotion, fire, natural disaster, or any other
cause that could not with reasonable diligence be foreseen or prevented by you or us.
Attachment 2
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2
• “Hosting Services” means the hosting services we will provide for the Tyler Software as set forth in
the Investment Summary, for the fees set forth therein.
• “Investment Summary” means the agreed upon cost proposal for the software, products, and
services attached as Exhibit A.
• “Invoicing and Payment Policy” means the invoicing and payment policy. A copy of our current
Invoicing and Payment Policy is attached as Exhibit B.
• “Maintenance and Support Agreement” means the terms and conditions governing the provision
of maintenance and support services to all of our customers. A copy of our current Maintenance
and Support Agreement is attached as Exhibit C.
• “SLA” means the service level agreement. A copy of our current SLA is attached hereto as Schedule
1 to Exhibit C.
• “Statement of Work” means the industry standard implementation plan describing how our
professional services will be provided to implement the Tyler Software, and outlining your and our
roles and responsibilities in connection with that implementation.
• “Support Call Process” means the support call process applicable to all of our customers who have
licensed the Tyler Software. A copy of our current Support Call Process is attached as Schedule 2 to
Exhibit C.
• “Third Party Terms” means, if any, the end user license agreement(s) or similar terms for the Third
Party Software, as applicable.
• “Third Party Hardware” means the third party hardware, if any, identified in the Investment
Summary.
• “Third Party Products” means the Third Party Software, Third Party Hardware, and Third Party
Services.
• “Third Party Services” means the services provided by third parties, if any, identified in the
Investment Summary.
• “Third Party Software” means the third party software, if any, identified in the Investment
Summary.
• “Tyler” means Tyler Technologies, Inc., a Delaware corporation.
• “Tyler Software” means our proprietary software, including any integrations, custom
modifications, and/or other related interfaces identified in the Investment Summary and licensed
by us to you through this Agreement.
• “we”, “us”, “our” and similar terms mean Tyler.
• “you” and similar terms mean Client.
SECTION B – SOFTWARE LICENSE
1. License Grant and Restrictions.
1.1 For so long as you pay your then-current subscription fee, we grant to you a license to use the Tyler
Software (a) for the number of licenses identified in the Investment Summary; (b) for your internal
business purposes only; and (c) in the scope of the internal business purposes disclosed to us as of
the Effective Date. You may make copies of the Tyler Software for backup and testing purposes, so
long as such copies are not used in production and the testing is for internal use only, and so long
as such copies are destroyed when you stop paying your subscription fees. Your rights to use the
Tyler Software are coterminous with the duration of your subscription fee payments, but may be
revoked if you do not comply with the terms of this Agreement.
1.2 The Documentation is licensed to you and may be used and copied by your employees for internal,
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3
non-commercial reference purposes only.
1.3 You may not: (a) transfer or assign the Tyler Software to a third party; (b) reverse engineer,
decompile, or disassemble the Tyler Software; (c) rent, lease, lend, or provide commercial hosting
services with the Tyler Software; or (d) publish or otherwise disclose the Tyler Software or
Documentation to third parties.
1.4 The license terms in this Agreement apply to updates and enhancements we may provide to you or
make available to you through your Maintenance and Support Agreement.
1.5 We reserve all rights not expressly granted to you in this Agreement. The Tyler Software and
Documentation are protected by copyright and other intellectual property laws and treaties. We
own the title, copyright, and other intellectual property rights in the Tyler Software and the
Documentation. The Tyler Software is licensed, not sold. You retain ownership of the data you
enter into the Tyler Software.
2. Limited Warranty. We warrant that the Tyler Software will be without Defect(s) as long as you have a
Maintenance and Support Agreement in effect. If the Tyler Software does not perform as warranted,
we will use all reasonable efforts, consistent with industry standards, to cure the Defect as set forth in
the Maintenance and Support Agreement.
SECTION C – PROFESSIONAL SERVICES
1. Services. We will provide you the various implementation-related services itemized in the Investment
Summary and the Statement of Work. We make all reasonable efforts to schedule our personnel for
travel, including arranging travel reservations, at least two (2) weeks in advance of commitments.
These services fees are payable as part of your annual subscription fee, and we reserve the right to
suspend delivery of these services if you fail to timely pay those fees.
2. Additional Services. The Investment Summary identifies, and the Statement of Work describes, the
scope of services and related costs (including programming and/or interface estimates) required for the
project based on our understanding of the specifications you supplied. If additional work is required, or
if you use or request additional services, we will provide you with an addendum or change order, as
applicable, outlining the costs for the additional work. The price quotes in the addendum or change
order will be valid for thirty (30) days from the date of the quote.
3. Cancellation. To the extent you request that we provide additional services under Section C(2), if you
cancel those services less than two (2) weeks in advance (other than for Force Majeure or breach by
us), you will be liable for all (a) non-refundable travel expenses incurred by us on your behalf, and (b)
daily fees associated with cancelled professional services if we are unable to reassign our personnel.
4. Services Warranty. We will perform the services in a professional, workmanlike manner, consistent
with industry standards. In the event we provide services that do not conform to this warranty, we will
re-perform such services at no additional cost to you.
5. Site Access and Requirements. At no cost to us, you agree to provide us with full and free access to
your personnel, facilities, and equipment as may be reasonably necessary for us to provide our services,
subject to any reasonable security protocols or other written policies provided to us.
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4
6. Client Assistance. You acknowledge that the provision of services for the Tyler Software is a
cooperative process that may require the time and resources of your personnel. You agree to use all
reasonable efforts to cooperate with and assist us as may be reasonably required. This cooperation
includes at least working with us to schedule the services outlined in this Agreement. We will not be
liable for failure to meet any deadlines and milestones when such failure is due to Force Majeure or to
the failure by your personnel to provide such cooperation and assistance (either through action or
omission).
SECTION D – MAINTENANCE AND SUPPORT
Beginning on the Effective Date, and for so long as you timely pay your then-current subscription fees, we
will provide you with maintenance and support services for the Tyler Software under the terms of our
standard Maintenance and Support Agreement. If you do not timely pay your then-current subscription
fees, we reserve the right to suspend delivery of maintenance and support services until you’ve paid the
subscriptions fees due as of the date of reinstatement, including subscription fees for all periods during
which maintenance and support was suspended.
SECTION E – THIRD PARTY PRODUCTS
To the extent there are any Third Party Products set forth in the Investment Summary, the following terms
and conditions will apply:
1. Third Party Hardware. We will sell and deliver the Third Party Hardware, if you have purchased any, for
the subscription fee set forth in the Investment Summary for the initial term, as defined in Section H(1).
Within three (3) months of the start date of a renewal term, we will make available then-current
industry standard hardware updates, to the extent reasonably commercially available, for no additional
fee beyond the subscription fee applicable to the corresponding renewal term. You are responsible for
installing the Third Party Hardware we sell and deliver to you, either during the initial term or any
renewal term. You are also responsible for repurchasing, at then-current rates, any Third Party
Hardware that is lost or unavailable for a reason not caused by us (i.e. loss or theft).
2. Third Party Software. For so long as you pay your then-current subscription fees, you have a license to
use the Third Party Software and related documentation for your internal business purposes only. Your
license rights to the Third Party Software will be governed by the Third Party Terms.
2.1 We will install the Third Party Software. The installation cost is included in the installation fee in
the Investment Summary. If you choose to transfer that installation, you will give us advance
written notice and you will pay us for any required or requested technical assistance from us
associated with such transfer, to the extent the transfer is allowed by the Developer.
2.2 If the Developer charges a fee for future updates, releases, or other enhancements to the Third
Party Software, you will be required to pay such additional future fee.
3. Third Party Products Warranties.
3.1 We are authorized by each Developer to grant or transfer the licenses to the Third Party Software.
3.2 You acknowledge that we are not the manufacturer of the Third Party Products. We do not
warrant or guarantee the performance of the Third Party Products. However, we grant and pass
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through to you any warranty that we may receive from the supplier of the Third Party Products.
4. Third Party Services. If you have purchased Third Party Services, those services will be provided
independent of Tyler by such third-party at the rates set forth in the Investment Summary and in
accordance with our Invoicing and Payment Policy.
5. Maintenance. If you have a Maintenance and Support Agreement in effect, you may report defects and
other issues related to the Third Party Software and/or Third Party Hardware directly to us, and we will
(a) directly address the defect or issue, to the extent it relates to our interface with the Third Party
Software or to the Third Party Hardware; and/or (b) facilitate resolution with the Developer, unless that
Developer requires that you have a separate, direct maintenance agreement in effect with that
Developer. In all events, if you experience an issue with hardware or software that we did not provide
you, we are not responsible for resolving that issue.
SECTION F – HOSTING SERVICES OR THIRD PARTY SERVICES
1. To the extent we are providing Hosting Services, we will provide them according to the terms and
conditions set forth in this Section F, and the other applicable terms of this Agreement, including but
not limited to the Service Level Agreement set forth at Exhibit C, Schedule 1.
1.1 You will be hosted on shared hardware in a Tyler data center, or a third party data center. Where
applicable, we will perform or cause to have performed upgrades of the applications, hardware,
and operating systems that support your Hosting Services. These upgrades are performed in
commercially reasonable timeframes and in coordination with third-party releases and
certifications. We will make available information on industry-standard minimum requirements and
supported browsers for accessing the Hosting Services.
1.2 You acknowledge that we have no delivery obligations and we will not ship copies of the Tyler
Software as part of the Hosting Services. You may use the Hosting Services to access updates and
enhancements to the Tyler Software.
1.3 Our Hosting Services are audited at least yearly in accordance with the AICPA’s Statement on
Standards for Attestation Engagements (“SSAE”) No. 18, Type 2. We have attained, and will
maintain, Type II SSAE compliance, or its equivalent, for so long as you are timely paying your
annual subscription fee. Upon execution of a mutually agreeable Non-Disclosure Agreement
(“NDA”), we will provide you with a summary of our SSAE-18 compliance report or its equivalent.
Every year thereafter, for so long as the NDA is in effect and in which you make a written request,
we will provide that same information.
1.4 We have fully-redundant telecommunications access, electrical power, and the required hardware
to provide access to the Tyler Software in the event of a disaster or component failure. In the event
any of your data has been lost or damaged due to an act or omission of Tyler or its subcontractors
or due to a defect in the Tyler Software, we will use best commercial efforts to restore all the data
on servers in accordance with the architectural design’s capabilities and with the goal of minimizing
any data loss as greatly as possible. In no case shall the recovery point objective (“RPO”) exceed a
maximum of twenty-four (24) hours from declaration of disaster. For purposes of this subsection,
RPO represents the maximum tolerable period during which your data may be lost, measured in
relation to a disaster we declare, said declaration will not be unreasonably withheld. In the event
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we declare a disaster, our Recovery Time Objective (“RTO”) is twenty-four (24) hours. For purposes
of this subsection, RTO represents the amount of time, after we declare a disaster, within which
your access to the Tyler Software must be restored
1.5 We conduct annual penetration testing of either the production network and/or web application to
be performed. We will maintain industry standard intrusion detection and prevention systems to
monitor malicious activity in the network and to log and block any such activity. You may not
attempt to bypass or subvert security restrictions in the Hosting Services or environments related
to the Tyler Software. Unauthorized attempts to access files, passwords or other confidential
information, and unauthorized vulnerability and penetration test scanning of our network and
systems (hosted or otherwise) is prohibited without the prior written approval of our IT Security
Officer.
1.6 We test our disaster recovery plan on an annual basis. Our standard test is not client-specific.
Should you request a client-specific disaster recovery test, we will work with you to schedule and
execute such a test on a mutually agreeable schedule.
1.7 We will be responsible for importing back-up and verifying that you can log-in. You will be
responsible for running reports and testing critical processes to verify the returned data.
1.8 If you fail to pay your then-current subscription fees, after our advance written notice to you of that
failure, we reserve the right to suspend delivery of our applicable Hosting Services.
2. To the extent you are receiving Third Party Services for hosting, you will receive those services
according to the Service Level Agreement available at https://aws.amazon.com/ You acknowledge and
agree that, with advance written notice to you, we may transition the hosted Tyler Software from the
Third Party Services provider to a Tyler data center at no additional cost to you. In such event, the
terms of Section F(1) will apply to you instead of the terms of this Section F(2).
SECTION G - INVOICING AND PAYMENT; INVOICE DISPUTES
1. Invoicing. We will invoice you for all fees set forth in the Investment Summary per our Invoicing and
Payment Policy, subject to Section F(2).
2. Invoice Disputes. If you believe any delivered software or service does not conform to the warranties in
this Agreement, you will provide us with written notice within thirty (30) days of your receipt of the
applicable invoice. The written notice must contain reasonable detail of the issues you contend are in
dispute so that we can confirm the issue and respond to your notice with either a justification of the
invoice, an adjustment to the invoice, or a proposal addressing the issues presented in your notice. We
will work with you as may be necessary to develop an action plan that outlines reasonable steps to be
taken by each of us to resolve any issues presented in your notice. You may withhold payment of the
amount(s) actually in dispute, and only those amounts, until we complete the action items outlined in
the plan. If we are unable to complete the action items outlined in the action plan because of your
failure to complete the items agreed to be done by you, then you will remit full payment of the invoice.
We reserve the right to suspend delivery of all services, including but not limited to, your license rights
and maintenance and support services, if you fail to pay an invoice not disputed as described above
within fifteen (15) days of notice of our intent to do so. We will reinstate your license rights and our
services delivery only if you pay all past due fees, including all fees for the periods during which your
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license rights and/or our services delivery were suspended.
SECTION H –TERM, EXPIRATION AND TERMINATION
1. Initial Term, Renewal and Expiration of Subscription. This Agreement shall be effective as of the
Effective Date and shall continue for a period of 5 years unless earlier terminated as set forth below.
The Agreement will automatically renew upon your signature of an updated Investment Summary that
will set forth the subscription fee, subscription term, and any other applicable information to the
renewal term. Each such Investment Summary will be labeled Exhibit A-1, Exhibit A-2, et cetera and will
be incorporated into this Agreement as if fully set forth herein.
2. Termination.
2.1 Failure to Pay Subscription Fee. If you fail to pay your then-current subscription fee on a timely
basis, we may terminate this Agreement if you do not pay all outstanding fees in full within forty-
five (45) days’ of our written notice that we intend to so terminate.
2.2 For Cause. If you believe we have materially breached this Agreement, you will invoke the Dispute
Resolution clause set forth in Section J(3). You may terminate this Agreement for cause in the
event we do not cure, or create a mutually agreeable action plan to address, a material breach of
this Agreement within the thirty (30) day window set forth in Section J(3).
2.3 Lack of Appropriations. As required under Colorado law, all financial obligations of the Client under
this Agreement are contingent upon appropriation, budgeting, and availability of specific funds to
discharge such obligations. If you should not appropriate or otherwise receive funds sufficient to
pay your then-current subscription fee, you may unilaterally terminate this Agreement effective on
the final day of the fiscal year through which you have funding. You will make every effort to give
us at least thirty (30) days written notice prior to a termination for lack of appropriations.
2.4 Force Majeure. Either you or we may terminate this Agreement if a Force Majeure event suspends
performance of scheduled tasks for a period of forty-five (45) days or more.
3. Effect of Termination.
3.1 Payment Obligations. In the event of a termination under Section H(2.1) or H(2.2), you will pay us
for all undisputed subscription fees through the effective date of termination. Any disputed fees
will be subject to the dispute resolution process. In the event of a termination under Section H(2.3)
or H(2.4), you will pay us for all undisputed fees and expenses related to the software and/or
services you have received, or we have incurred or delivered, prior to the effective date of
termination. Any disputed fees and expenses must have been submitted to the Invoice Dispute
process set forth in Section G(2) at the time of termination in order to be withheld at termination,
and in no event will you be entitled to a refund or offset of previously paid subscription fees.
3.2 Early Termination Fees. Except for a termination by you under Section H(2.2), in the event a
termination is effective prior to the expiration of the then-current term (either initial or renewal),
then the following early termination fees will also be payable upon termination (each to the extent
applicable):
a. if you terminate during the first year, 100% of the subscription fees through the date of
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termination plus 75% of the subscription fees then due for the remainder of the applicable
term;
b. if you terminate during the second year, 100% of the subscription fees through the date of
termination plus 50% of the subscription fees then due for the remainder of the applicable
term; and
c. if you terminate during or after the third year, 100% of the subscription fees through the
date of termination plus 25% of the subscription fees then due for the remainder of the
applicable term.
3.3 Your Rights. Except as otherwise expressly agreed to by us, effective immediately upon termination
for any reason hereunder, your license rights to the Tyler Software will be immediately revoked,
and we will no longer provide you with any professional services, maintenance and support
services, and/or hosting services. At your expense, you must return the hardware to us within thirty
(30) days of the effective termination date. You must ensure that the hardware is returned to us in
commercially reasonable condition. At your request, we will provide a copy of your SQL database
then residing in our hosted environment.
SECTION I – INDEMNIFICATION, LIMITATION OF LIABILITY AND INSURANCE
1. Intellectual Property Infringement Indemnification.
1.1 We will defend you against any third party claim(s) that the Tyler Software or Documentation
infringes that third party’s patent, copyright, or trademark, or misappropriates its trade secrets,
and will pay the amount of any resulting adverse final judgment (or settlement to which we
consent). You must notify us promptly in writing of the claim and give us sole control over its
defense or settlement. You agree to provide us with reasonable assistance, cooperation, and
information in defending the claim at our expense.
1.2 Our obligations under this Section I(1) will not apply to the extent the claim or adverse final
judgment is based on your: (a) use of a previous version of the Tyler Software and the claim would
have been avoided had you installed and used the current version of the Tyler Software, and we
provided notice of that requirement to you; (b) combining the Tyler Software with any product or
device not provided, contemplated, or approved by us; (c) altering or modifying the Tyler Software,
including any modification by third parties at your direction or otherwise permitted by you; (d) use
of the Tyler Software in contradiction of this Agreement, including with non-licensed third parties;
or (e) willful infringement, including use of the Tyler Software after we notify you to discontinue
use due to such a claim.
1.3 If we receive information concerning an infringement or misappropriation claim related to the Tyler
Software, we may, at our expense and without obligation to do so, either: (a) procure for you the
right to continue its use; (b) modify it to make it non-infringing; or (c) replace it with a functional
equivalent, in which case you will stop running the allegedly infringing Tyler Software immediately.
Alternatively, we may decide to litigate the claim to judgment, in which case you may continue to
use the Tyler Software consistent with the terms of this Agreement.
1.4 If an infringement or misappropriation claim is fully litigated and your use of the Tyler Software is
enjoined by a court of competent jurisdiction, in addition to paying any adverse final judgment (or
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settlement to which we consent), we will, at our option, either: (a) procure the right to continue its
use; (b) modify it to make it non-infringing; (c) replace it with a functional equivalent; or (d)
terminate your license and refund the license fees paid for the infringing Tyler Software, as
depreciated on a straight-line basis measured over seven (7) years from the Effective Date. We will
pursue those options in the order listed herein. This section provides your exclusive remedy for
third party copyright, patent, or trademark infringement and trade secret misappropriation claims.
2. General Indemnification.
2.1 We will indemnify and hold harmless you and your agents, officials, and employees from and
against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including
reasonable attorney's fees and costs) for (a) personal injury or property damage to the extent
caused by our negligence or willful misconduct; or (b) our violation of a law applicable to our
performance under this Agreement. You must notify us promptly in writing of the claim and give us
sole control over its defense or settlement. You agree to provide us with reasonable assistance,
cooperation, and information in defending the claim at our expense.
3. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER WARRANTIES
AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO,
ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. CLIENT UNDERSTANDS AND AGREES THAT TYLER DISCLAIMS ANY LIABILITY
FOR ERRORS THAT RELATE TO USER ERROR.
4. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, OUR
LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON A THEORY OF
CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE LIMITED TO YOUR
ACTUAL DIRECT DAMAGES, NOT TO EXCEED THE ANNUALIZED THEN-CURRENT SUBSCRIPTION FEE.
THE PRICES SET FORTH IN THIS AGREEMENT ARE SET IN RELIANCE UPON THIS LIMITATION OF
LIABILITY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS THAT ARE
SUBJECT TO SECTIONS I(1) AND I(2).
5. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
6. Insurance. During the course of performing services under this Agreement, we agree to maintain the
following levels of insurance: (a) Commercial General Liability of at least $1,000,000; (b) Automobile
Liability of at least $1,000,000; (c) Professional Liability of at least $1,000,000; (d) Workers
Compensation complying with applicable statutory requirements; and (e) Excess/Umbrella Liability of at
least $5,000,000. We will add you as an additional insured to our Commercial General Liability and
Automobile Liability policies, which will automatically add you as an additional insured to our
Excess/Umbrella Liability policy as well. We will provide you with copies of certificates of insurance
upon your written request.
SECTION J – GENERAL TERMS AND CONDITIONS
1. Additional Products and Services. You may purchase additional products and/or recurring services at
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the rates set forth in the Investment Summary for twelve (12) months from the Effective Date, and
thereafter at our then-current list price, by executing a mutually agreed addendum. If no rate is
provided in the Investment Summary, or those twelve (12) months have expired, you may purchase
additional products and/or recurring services at our then-current list price, also by executing a mutually
agreed addendum. The terms of this Agreement will control any such additional purchase(s), unless
otherwise specifically provided in the addendum. We will work with you to adjust the annual
subscription fee on a going-forward, pro rata basis as necessary.
2. Optional Items. Pricing for any listed optional products and services in the Investment Summary will be
valid for twelve (12) months from the Effective Date. In the event you choose to purchase any optional
products and/or optional recurring services, we will work with you to adjust the annual subscription fee
on a going-forward, pro rata basis as necessary. If you choose to purchase any optional one-time
services, they will be billed to you on a time and materials basis.
3. Dispute Resolution. You agree to provide us with written notice within thirty (30) days of becoming
aware of a dispute. You agree to cooperate with us in trying to reasonably resolve all disputes,
including, if requested by either party, appointing a senior representative to meet and engage in good
faith negotiations with our appointed senior representative. Senior representatives will convene within
thirty (30) days of the written dispute notice, unless otherwise agreed. All meetings and discussions
between senior representatives will be deemed confidential settlement discussions not subject to
disclosure under Federal Rule of Evidence 408 or any similar applicable state rule. If we fail to resolve
the dispute, either of us may assert our respective rights and remedies in a court of competent
jurisdiction. Nothing in this section shall prevent you or us from seeking necessary injunctive relief
during the dispute resolution procedures.
4. Taxes. The fees in the Investment Summary do not include any taxes, including, without limitation,
sales, use, or excise tax. If you are a tax-exempt entity, you agree to provide us with a tax-exempt
certificate. Otherwise, we will pay all applicable taxes to the proper authorities and you will reimburse
us for such taxes. If you have a valid direct-pay permit, you agree to provide us with a copy. For clarity,
we are responsible for paying our income taxes, both federal and state, as applicable, arising from our
performance of this Agreement.
5. Nondiscrimination. We will not discriminate against any person employed or applying for employment
concerning the performance of our responsibilities under this Agreement. This discrimination
prohibition will apply to all matters of initial employment, tenure, and terms of employment, or
otherwise with respect to any matter directly or indirectly relating to employment concerning race,
color, religion, national origin, age, sex, sexual orientation, ancestry, disability that is unrelated to the
individual's ability to perform the duties of a particular job or position, height, weight, marital status, or
political affiliation. We will post, where appropriate, all notices related to nondiscrimination as may be
required by applicable law.
6. Subcontractors. We will not subcontract any services under this Agreement without your prior written
consent, not to be unreasonably withheld.
7. Binding Effect; No Assignment. This Agreement shall be binding on, and shall be for the benefit of,
either your or our successor(s) or permitted assign(s). Neither party may assign this Agreement without
the prior written consent of the other party; provided, however, your consent is not required for an
assignment by us as a result of a corporate reorganization, merger, acquisition, or purchase of
substantially all of our assets.
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8. Force Majeure. Except for your payment obligations, neither party will be liable for delays in
performing its obligations under this Agreement to the extent that the delay is caused by Force
Majeure; provided, however, that within ten (10) business days of the Force Majeure event, the party
whose performance is delayed provides the other party with written notice explaining the cause and
extent thereof, as well as a request for a reasonable time extension equal to the estimated duration of
the Force Majeure event.
9. No Intended Third Party Beneficiaries. This Agreement is entered into solely for the benefit of you and
us. No third party will be deemed a beneficiary of this Agreement, and no third party will have the right
to make any claim or assert any right under this Agreement. This provision does not affect the rights of
third parties under any Third Party Terms.
10. Entire Agreement; Amendment. This Agreement represents the entire agreement between you and us
with respect to the subject matter hereof, and supersedes any prior agreements, understandings, and
representations, whether written, oral, expressed, implied, or statutory. Purchase orders submitted by
you, if any, are for your internal administrative purposes only, and the terms and conditions contained
in those purchase orders will have no force or effect. This Agreement may only be modified by a
written amendment signed by an authorized representative of each party.
11. Severability. If any term or provision of this Agreement is held invalid or unenforceable, the remainder
of this Agreement will be considered valid and enforceable to the fullest extent permitted by law.
12. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced by
either party, such non-enforcement will not act as or be deemed to act as a waiver or modification of
this Agreement, nor will such non-enforcement prevent such party from enforcing each and every term
of this Agreement thereafter.
13. Independent Contractor. We are an independent contractor for all purposes under this Agreement.
14. Notices. All notices or communications required or permitted as a part of this Agreement, such as
notice of an alleged material breach for a termination for cause or a dispute that must be submitted to
dispute resolution, must be in writing and will be deemed delivered upon the earlier of the following:
(a) actual receipt by the receiving party; (b) upon receipt by sender of a certified mail, return receipt
signed by an employee or agent of the receiving party; (c) upon receipt by sender of proof of email
delivery; or (d) if not actually received, five (5) days after deposit with the United States Postal Service
authorized mail center with proper postage (certified mail, return receipt requested) affixed and
addressed to the other party at the address set forth on the signature page hereto or such other
address as the party may have designated by proper notice. The consequences for the failure to
receive a notice due to improper notification by the intended receiving party of a change in address will
be borne by the intended receiving party.
15. Client Lists. You agree that we may identify you by name in client lists, marketing presentations, and
promotional materials.
16. Confidentiality. Both parties recognize that their respective employees and agents, in the course of
performance of this Agreement, may be exposed to confidential information and that disclosure of
such information could violate rights to private individuals and entities, including the parties.
Confidential information is nonpublic information that a reasonable person would believe to be
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12
confidential and includes, without limitation, personal identifying information (e.g., social security
numbers) and trade secrets, each as defined by applicable state law. Each party agrees that it will not
disclose any confidential information of the other party and further agrees to take all reasonable and
appropriate action to prevent such disclosure by its employees or agents. To the extent Client engages
independent contractors to fulfill its obligations under this Agreement, Client shall enter into a written
agreement with said independent contractors that contains confidentiality covenants at least as
restrictive as the confidentiality covenants contained herein. The confidentiality covenants contained
herein will survive the termination or cancellation of this Agreement. This obligation of confidentiality
will not apply to information that:
(a) is in the public domain, either at the time of disclosure or afterwards, except by breach of this
Agreement by a party or its employees or agents;
(b) a party can establish by reasonable proof was in that party's possession at the time of initial
disclosure;
(c) a party receives from a third party who has a right to disclose it to the receiving party; or
(d) is the subject of a legitimate disclosure request under the open records laws or similar
applicable public disclosure laws governing this Agreement; provided, however, that in the
event you receive an open records or other similar applicable request, you will give us prompt
notice and otherwise perform the functions required by applicable law.
17. Business License. In the event a local business license is required for us to perform services hereunder,
you will promptly notify us and provide us with the necessary paperwork and/or contact information so
that we may timely obtain such license.
18. Governing Law. This Agreement will be governed by and construed in accordance with the laws of your
state of domicile, without regard to its rules on conflicts of law.
19. Multiple Originals and Authorized Signatures. This Agreement may be executed in multiple originals,
any of which will be independently treated as an original document. Any electronic, faxed, scanned,
photocopied, or similarly reproduced signature on this Agreement or any amendment hereto will be
deemed an original signature and will be fully enforceable as if an original signature. Each party
represents to the other that the signatory set forth below is duly authorized to bind that party to this
Agreement.
20. Cooperative Procurement. To the maximum extent permitted by applicable law, we agree that this
Agreement may be used as a cooperative procurement vehicle by eligible jurisdictions. We reserve the
right to negotiate and customize the terms and conditions set forth herein, including but not limited to
pricing, to the scope and circumstances of that cooperative procurement.
21. Socrata Solution Terms. Your use of certain Tyler solutions includes Tyler’s Socrata data platform. Your
rights, and the rights of any of your end users, to use Tyler’s Socrata SaaS Services Terms of Services,
available at https://www.tylertech.com/terms/socrata-saas-services-terms-of-service. By signing a
Tyler Agreement or Order Form, or accessing, installing, or using any of the Tyler solutions listed at the
linked terms, you certify that you have reviewed, understand, and agree to said terms.
22. Contract Documents. This Agreement includes the following exhibits:
Exhibit A Investment Summary
Exhibit B Invoicing and Payment Policy
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Schedule 1: Business Travel Policy
Exhibit C Maintenance and Support Agreement
Schedule 1: Service Level Agreement
Schedule 2: Support Call Process
IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Agreement as of
the date(s) set forth below.
Tyler Technologies, Inc. Town of Estes Park, CO
By: By:
Name: Name:
Title: Title:
Date: Date:
Address for Notices: Address for Notices:
Tyler Technologies, Inc. Town of Estes Park
One Tyler Drive 577 Elm Road
Yarmouth, ME 04096 Estes Park, CO 80517
Attention: Chief Legal Officer Attention: ______________________
Page 38
Exhibit A
1
Exhibit A
Investment Summary
The following Investment Summary details the software, products, and services to be delivered by us to
you under the Agreement. This Investment Summary is effective as of the Effective Date. Capitalized
terms not otherwise defined will have the meaning assigned to such terms in the Agreement.
Investment Summary prepared in accordance with Sourcewell Contract #090320-tti
Page 39
2022-333261-W3Y1M7
INVESTMENT SUMMARY
Tyler Software $ 0
Services $ 1,250
Third-Party Products $ 0
Other Cost $ 0
Travel $ 2,770
Total One-Time Cost $ 4,020
Annual Recurring Fees/SaaS $ 22,060
Tyler Software Maintenance $ 0
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2022-333261-W3Y1M7 Page 1
Quoted By:Kimberly Germer
Quote Expiration:12/31/22
Quote Name:
SaaS- Sourcewell Member
Discounts Applied
Sales Quotation For:Shipping Address:
Town of Estes Park Police Department Town of Estes Park Police Department
PO Box 1287 PO Box 1287
Estes Park, CO 80517-1287
Phone: +1 (970) 586-4465
Annual / SaaS
Description Quantity Fee Discount Annual
Enforcement Mobile
License
REF License - MDC or TABLET [15]15 $ 0 $ 0 $ 0
Task
Task: Tow/Impound Report (standard)1 $ 1,653 $ 165 $ 1,488
Task: Driver Exchange Module 1 $ 1,653 $ 165 $ 1,488
Task: Criminal Trespass Warning 1 $ 1,653 $ 165 $ 1,488
Subscription License Fees
Electronic Citations/Summons- County/State 1 $ 1,653 $ 165 $ 1,488
Electronic Citations/Summons-Juvenile 1 $ 1,653 $ 165 $ 1,488
Interface: N/A for County/State Court- PDF Export will be generated instead 1 $ 998 $ 100 $ 898
Interface: Municipal Court 1 $ 1,653 $ 165 $ 1,488
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2022-333261-W3Y1M7 Page 2
Interface: Central Square Device-Level (NCIC/CCIC from Mobile CAD)1 $ 1,653 $ 165 $ 1,488
Interface: Central Square RMS 1 $ 1,653 $ 165 $ 1,488
Enforcement Mobile Subscription No Hardware [15]15 $ 660 $ 990 $ 8,910
Hosting Fee
Hosting Fee 1 $ 348 $ 0 $ 348
TOTAL $ 22,060
Services
Description Quantity Unit Price Discount Total Maintenance
Enforcement Mobile
Training 1 $ 0 $ 0 $ 0 $ 0
Task: Language Translation 1 $ 500 $ 0 $ 500 $ 0
Set Up Fees - Third Party Hardware 15 $ 50 $ 0 $ 750 $ 0
Set-Up & Configuration for hardware platform - LAPTOP 1 $ 0 $ 0 $ 0 $ 0
Project Management 1 $ 0 $ 0 $ 0 $ 0
TOTAL $ 1,250 $ 0
Summary One Time Fees Recurring Fees
Total Tyler Software $ 0 $ 0
Total Annual $ 0 $ 22,060
Total Tyler Services $ 1,250 $ 0
Total Third-Party Hardware, Software, Services $ 0 $ 0
Page 42
2022-333261-W3Y1M7 Page 3
Contract Total $ 23,310
Travel $ 2,770
Comments
Agency is responsible for paying any applicable state taxes. Contract total does not include tax.
Page 43
Exhibit B
1
Exhibit B
Invoicing and Payment Policy
We will provide you with the software and services set forth in the Investment Summary. Capitalized
terms not otherwise defined will have the meaning assigned to such terms in the Agreement.
Invoicing: We will invoice you for the fees in the Investment Summary as set forth below. Your rights to
dispute any invoice are set forth in the Agreement.
1. Subscription Fees. Subscription fees will be invoiced annually in advance at the rates set forth in
the Investment Summary for the initial term, as defined in the Agreement. Thereafter,
subscription fees will be invoiced annually in advance at the rates set forth in the applicable
Exhibit A-1, Exhibit A-2, et cetera, except as otherwise set forth therein. Except as otherwise
expressly agreed to by us, those subscription fees reflect the allocated fees for your license to
the Tyler Software, as well as the professional services, maintenance and support services, and
hosting services we provided to you.
2. Additional Professional Services. To the extent you request any additional professional services
from us under Section C(2) of the Agreement, those services will be billed as delivered and
invoiced as incurred.
3. Requested Modifications to the Tyler Software: Requested modifications to Tyler Software are
invoiced 50% upon delivery of specifications and 50% upon delivery of the applicable
modification. You must report any failure of the modification to conform to the specifications
within thirty (30) days of delivery; otherwise, the modification will be deemed to be in
compliance with the specifications after the 30-day window has passed.
4. Third Party Hardware and Language Translation Services: Third Party Hardware and Translation
Services costs are invoiced upon delivery.
5. Expenses. Travel expenses associated with the scope of your implementation as of the Effective
Date are reflected in the annual subscription fee. To the extent you request additional
professional services under Section C(2) and travel is required to deliver those services, travel
expenses will be incurred separately. Those expenses will be billed as incurred and only in
accordance with our then-current Business Travel Policy, plus a 10% travel agency processing
fee. Our current Business Travel Policy is attached to this Exhibit B at Schedule 1. Copies of
receipts will be provided on an exception basis for an administrative fee. Receipts for mileage
or miscellaneous items less than twenty-five dollars are not available.
Payment. We prefer to receive payments electronically. Our electronic payment information is
available by contacting AR@tylertech.com.
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Exhibit B
Schedule 1
1
Exhibit B
Schedule 1
Business Travel Policy
1. Air Travel
A. Reservations & Tickets
Tyler’s Travel Management Company (TMC) will provide an employee with a direct flight
within two hours before or after the requested departure time, assuming that flight does
not add more than three hours to the employee’s total trip duration and the fare is within
$100 (each way) of the lowest logical fare. If a net savings of $200 or more (each way) is
possible through a connecting flight that is within two hours before or after the requested
departure time and that does not add more than three hours to the employee’s total trip
duration, the connecting flight should be accepted.
Employees are encouraged to make advanced reservations to take full advantage of
discount opportunities. Employees should use all reasonable efforts to make travel
arrangements at least two (2) weeks in advance of commitments. A seven (7) day advance
booking requirement is mandatory. When booking less than seven (7) days in advance,
management approval will be required.
Except in the case of international travel where a segment of continuous air travel is six (6)
or more consecutive hours in length, only economy or coach class seating is reimbursable.
Employees shall not be reimbursed for “Basic Economy Fares” because these fares are non-
refundable and have many restrictions that outweigh the cost-savings.
B. Baggage Fees
Reimbursement of personal baggage charges are based on trip duration as follows:
• Up to five (5) days = one (1) checked bag
• Six (6) or more days = two (2) checked bags
Baggage fees for sports equipment are not reimbursable.
2. Ground Transportation
A. Private Automobile
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Exhibit B
Schedule 1
2
Mileage Allowance – Business use of an employee’s private automobile will be reimbursed
at the current IRS allowable rate, plus out of pocket costs for tolls and parking. Mileage will
be calculated by using the employee's office as the starting and ending point, in compliance
with IRS regulations. Employees who have been designated a home office should calculate
miles from their home.
B. Rental Car
Employees are authorized to rent cars only in conjunction with air travel when cost,
convenience, and the specific situation reasonably require their use. When renting a car for
Tyler business, employees should select a “mid-size” or “intermediate” car. “Full” size cars
may be rented when three or more employees are traveling together. Tyler carries leased
vehicle coverage for business car rentals; except for employees traveling to Alaska and
internationally (excluding Canada), additional insurance on the rental agreement should be
declined.
C. Public Transportation
Taxi or airport limousine services may be considered when traveling in and around cities or
to and from airports when less expensive means of transportation are unavailable or
impractical. The actual fare plus a reasonable tip (15-18%) are reimbursable. In the case of
a free hotel shuttle to the airport, tips are included in the per diem rates and will not be
reimbursed separately.
D. Parking & Tolls
When parking at the airport, employees must use longer term parking areas that are
measured in days as opposed to hours. Park and fly options located near some airports may
also be used. For extended trips that would result in excessive parking charges, public
transportation to/from the airport should be considered. Tolls will be reimbursed when
receipts are presented.
3. Lodging
Tyler’s TMC will select hotel chains that are well established, reasonable in price, and
conveniently located in relation to the traveler's work assignment. Typical hotel chains
include Courtyard, Fairfield Inn, Hampton Inn, and Holiday Inn Express. If the employee has
a discount rate with a local hotel, the hotel reservation should note that discount and the
employee should confirm the lower rate with the hotel upon arrival. Employee
memberships in travel clubs such as AAA should be noted in their travel profiles so that the
employee can take advantage of any lower club rates.
“No shows” or cancellation fees are not reimbursable if the employee does not comply with
the hotel’s cancellation policy.
Tips for maids and other hotel staff are included in the per diem rate and are not
reimbursed separately.
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Exhibit B
Schedule 1
3
Employees are not authorized to reserve non-traditional short-term lodging, such as Airbnb,
VRBO, and HomeAway. Employees who elect to make such reservations shall not be
reimbursed.
4. Meals and Incidental Expenses
Employee meals and incidental expenses while on travel status within the continental U.S.
are in accordance with the federal per diem rates published by the General Services
Administration. Incidental expenses include tips to maids, hotel staff, and shuttle drivers
and other minor travel expenses. Per diem rates are available at www.gsa.gov/perdiem.
Per diem for Alaska, Hawaii, U.S. protectorates and international destinations are provided
separately by the Department of Defense and will be determined as required.
A. Overnight Travel
For each full day of travel, all three meals are reimbursable. Per diems on the first and last
day of a trip are governed as set forth below.
Departure Day
Depart before 12:00 noon Lunch and dinner
Depart after 12:00 noon
Return Day
Dinner
Return before 12:00 noon Breakfast
Return between 12:00 noon & 7:00 p.m. Breakfast and lunch
Return after 7:00 p.m.* Breakfast, lunch and dinner
*7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner.
The reimbursement rates for individual meals are calculated as a percentage of the full day
per diem as follows:
Breakfast 15%
Lunch 25%
Dinner 60%
B. Same Day Travel
Employees traveling at least 100 miles to a site and returning in the same day are eligible to
claim lunch on an expense report. Employees on same day travel status are eligible to claim
dinner in the event they return home after 7:00 p.m.*
*7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner.
Page 47
Exhibit B
Schedule 1
4
5. Internet Access – Hotels and Airports
Employees who travel may need to access their e-mail at night. Many hotels provide free
high speed internet access and Tyler employees are encouraged to use such hotels
whenever possible. If an employee’s hotel charges for internet access it is reimbursable up
to $10.00 per day. Charges for internet access at airports are not reimbursable.
6. International Travel
All international flights with the exception of flights between the U.S. and Canada should be
reserved through TMC using the “lowest practical coach fare” with the exception of flights
that are six (6) or more consecutive hours in length. In such event, the next available seating
class above coach shall be reimbursed.
When required to travel internationally for business, employees shall be reimbursed for
photo fees, application fees, and execution fees when obtaining a new passport book, but
fees related to passport renewals are not reimbursable. Visa application and legal fees,
entry taxes and departure taxes are reimbursable.
The cost of vaccinations that are either required for travel to specific countries or suggested
by the U.S. Department of Health & Human Services for travel to specific countries, is
reimbursable.
Section 4, Meals & Incidental Expenses, and Section 2.b., Rental Car, shall apply to this
section.
Page 48
Exhibit C
1
Exhibit C
Maintenance and Support Agreement
We will provide you with the following maintenance and support services for the Tyler Software.
Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement.
1. Maintenance and Support Services. As long as you are not using the Help Desk as a substitute for
our training services on the Tyler Software, and you timely pay your then-current subscription fee,
we will, consistent with our then-current Support Call Process:
1.1 perform our maintenance and support obligations in a professional, good, and workmanlike
manner, consistent with industry standards, to resolve Defects in the Tyler Software (subject to
any applicable release life cycle policy); provided, however, that if you modify the Tyler Software
without our consent, our obligation to provide maintenance and support services on and
warrant the Tyler Software will be void;
1.2 provide support during our established support hours;
1.3 maintain personnel that are sufficiently trained to be familiar with the Tyler Software and Third
Party Products, if any, in order to provide maintenance and support services;
1.4 provide you with a copy of all releases to the Tyler Software (including updates and
enhancements) that we make generally available without additional charge to customers who
have a maintenance and support agreement in effect; and
1.5 provide non-Defect resolution support of prior releases of the Tyler Software in accordance with
any applicable release life cycle policy.
2. Client Responsibilities. We will use all reasonable efforts to perform any maintenance and support
services remotely. Currently, we use a third-party secure unattended connectivity tool called
Bomgar, as well as GotoAssist by Citrix. Therefore, you agree to maintain a high-speed internet
connection capable of connecting us to your PCs and server(s). You agree to provide us with a login
account and local administrative privileges as we may reasonably require to perform remote
services. We will, at our option, use the secure connection to assist with proper diagnosis and
resolution, subject to any reasonably applicable security protocols. If we cannot resolve a support
issue remotely, we may be required to provide onsite services. In such event, we will be responsible
for our travel expenses, unless it is determined that the reason onsite support was required was a
reason outside our control. Either way, you agree to provide us with full and free access to the Tyler
Software, working space, adequate facilities within a reasonable distance from the equipment, and
use of machines, attachments, features, or other equipment reasonably necessary for us to provide
the maintenance and support services, all at no charge to us. We strongly recommend that you also
maintain a VPN for backup connectivity purposes.
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Exhibit C
2
3. Hardware and Other Systems. If you are a self-hosted customer and, in the process of diagnosing a
software support issue, it is discovered that one of your peripheral systems or other software is the
cause of the issue, we will notify you so that you may contact the support agency for that peripheral
system. We cannot support or maintain Third Party Products except as expressly set forth in the
Agreement.
In order for us to provide the highest level of software support, you bear the following responsibility
related to hardware and software:
(a) All infrastructure executing Tyler Software shall be managed by you;
(b) You will maintain support contracts for all non-Tyler software associated with Tyler Software
(including operating systems and database management systems, but excluding Third-Party
Software, if any); and
(c) You will perform daily database backups and verify that those backups are successful.
4. Other Excluded Services. Your subscription fees do not include the following maintenance and
support services: (a) onsite maintenance and support (unless Tyler cannot remotely correct a Defect
in the Tyler Software, as set forth above); (b) application design; (c) other consulting services; (d)
maintenance and support of software or hardware not licensed to you or otherwise provided to you
under this Agreement; (e) support outside our normal business hours as listed in our then-current
Support Call Process; or (f) installation, training services, or third party product costs related to a
new release. Requested maintenance and support services such as those outlined in this section will
be billed to you on a time and materials basis at our then current rates. You must request those
services with at least one (1) weeks’ advance notice.
5. Current Support Call Process. Our current Support Call Process for the Tyler Software is attached to
this Exhibit C at Schedule 1.
Page 50
Exhibit C
Schedule 1
1
Exhibit C
Schedule 1
Service Level Agreement
Agreement Overview
This SLA outlines the information technology service levels that Tyler will provide to Client to ensure the
availability of the Hosting Services that Client has requested Tyler to provide. All other support services
are documented in the applicable Support Call Process. All defined terms not defined below have the
meaning set forth in the Agreement.
Definitions
Attainment: The percentage of time a service is available during a billing cycle, with percentages
rounded to the nearest whole number.
Client Error Incident: Any service unavailability resulting from Client’s applications, content or
equipment, or the acts or omissions of any of Client’s service users or third-party providers over whom
Tyler exercises no control.
Downtime: Those minutes during which the applicable software products are materially unavailable for
Client’s use. Downtime does not include those instances in which only a Defect is present.
Service Availability: The total number of minutes in a billing cycle that a given service is capable of
receiving, processing, and responding to requests, excluding maintenance windows, Client Error
Incidents and Force Majeure.
Service Availability
Service Availability of the applicable software products is intended to be 24/7/365. Tyler sets Service
Availability goals and measures whether Tyler has met those goals by tracking Attainment.
Client Responsibilities
Whenever Client experiences Downtime, Client must make a support call according to the procedures
outlined in the applicable Support Call Process exhibit. Client may escalate through the hosting hotline.
Client will receive a support incident number. Any Downtime is measured from the time Tyler intakes
Client’s support incident.
To track attainment, Client must document, in writing, all Downtime that Client has experienced during
a billing cycle. For purposes of this Service Level Agreement, billing cycle shall be based on each calendar
quarter. Client must deliver such documentation to Tyler within thirty (30) days of a billing cycle’s end.
Page 51
Exhibit C
Schedule 1
2
The documentation County provides must substantiate the Downtime. It must include, for example,
the support incident number(s) and the date, time and duration of the Downtime(s).
Tyler Responsibilities
Tyler’s support team receives a call from Client that a Downtime has occurred or is occurring, Tyler will
work with Client to identify the cause of the Downtime (including whether it may be the result of a
Client Error Incident or Force Majeure). Tyler will also work with Client to resume normal operations.
Upon timely receipt of Client’s Downtime report, outlined above, Tyler will compare that report to
Tyler’s own outage logs and support tickets to confirm that a Downtime for which Tyler was responsible
indeed occurred.
Tyler will respond to Client’s Downtime report within thirty (30) days of receipt. To the extent Tyler has
confirmed Downtime for which Tyler is responsible, Tyler will provide Client with the relief set forth
below.
Client Relief
When a Service Availability goal is not met due to Client’s confirmed Downtime, Tyler will provide Client
with relief that corresponds to the percentage amount by which that goal was not achieved, as set forth
in the Client Relief Schedule below.
Notwithstanding the above, the total amount of all relief that would be due under this SLA will not
exceed 5% of the fee for any one billing cycle. Issuing of such credit does not relieve Tyler of its
obligations under the Agreement to correct the problem which created the service interruption. A
correction may occur in the billing cycle following the service interruption. In that circumstance, if
service levels do not meet the corresponding goal for that later billing cycle, Client’s total credits will be
doubled, with equal relief being provided in that later billing cycle.
Client Relief Schedule
Targeted Attainment Actual Attainment Client Relief
100% 98-99% Remedial action will be taken at no
additional cost to Client.
100% 95-97% Remedial action will be taken at no
additional cost to Client. 4% credit
of fee for affected billing cycle will
be posted to next billing cycle
100% <95% Remedial action will be taken at no
additional cost to Client. 5% credit
of fee for affected billing cycle will
be posted to next billing cycle
Client may request a report from Tyler that documents the preceding billing cycle’s Service Availability,
Downtime, any remedial actions that have been/will be taken, and any credits that may be issued. That
Page 52
Exhibit C
Schedule 1
3
report is available by contacting the hosting hotline through the support portal(s).
Applicability
The commitments set forth in this SLA do not apply during maintenance windows, Client Error Incidents,
and Force Majeure.
Tyler performs maintenance during limited windows that are historically known to be reliably low-traffic
times. If and when maintenance is predicted to occur during periods of higher traffic, Tyler will provide
advance notice of those windows and will coordinate to the greatest extent possible with Client. When
maintenance is scheduled to occur, Tyler will provide approximately two (2) weeks’ advance written
notice to the contact information that Client supplies on Client notification form. When emergency
maintenance is scheduled, Client will receive an email at that same contact point.
Force Majeure
Client will not hold Tyler responsible for meeting service levels outlined in this SLA to the extent any failure to
do so is caused by Force Majeure. In the event of Force Majeure, Tyler will file with Client a signed request
that said failure be excused. That writing will include the details and circumstances supporting Tyler’s request
for relief with clear and convincing evidence pursuant to this provision. Client will not unreasonably withhold
its acceptance of such a request.
Page 53
Exhibit C
Schedule 2
1
Exhibit C
Schedule 2
Support Call Process
Support Channels
Tyler Technologies, Inc. provides the following channels of software support, some or all of which are
available for the Tyler Software as of the Effective Date (to the extent not available, we will make you
aware of their availability when appropriate):
(1) Tyler Community – an on-line resource, Tyler Community provides a venue for all Tyler clients
with current maintenance agreements to collaborate with one another, share best practices and
resources, and access documentation.
(2) On-line submission (portal) – for less urgent and functionality-based questions, users may create
unlimited support incidents through the customer relationship management portal available at
the Tyler Technologies website.
(3) Email – for less urgent situations, users may submit unlimited emails directly to the software
support group.
(4) Telephone – for urgent or complex questions, users receive toll-free, unlimited telephone
software support.
Support Resources
A number of additional resources are or will be available to provide a comprehensive and complete
support experience:
(1) Tyler Website – www.tylertech.com – for accessing client tools and other information including
support contact information.
(2) Tyler Community – available through login, Tyler Community provides a venue for clients to
support one another and share best practices and resources.
(3) Knowledgebase – A fully searchable depository of thousands of documents related to
procedures, best practices, release information, and job aides.
(4) Program Updates – where development activity is made available for client consumption
Support Availability
Tyler Technologies provides support on the Tyler Software 24/7.
Issue Handling
Incident Tracking
Every support incident is logged into Tyler’s Customer Relationship Management System and given a
unique incident number. This system tracks the history of each incident. The incident tracking number is
used to track and reference open issues when clients contact support. Clients may track incidents, using
the incident number, through the portal at Tyler’s website or by calling software support directly.
Incident Priority
Each incident is assigned a priority number, which corresponds to the client’s needs and deadlines. The
Page 54
Exhibit C
Schedule 2
2
client is responsible for reasonably setting the priority of the incident per the chart below. The goal of
this structure is to help the client clearly understand and communicate the importance of the issue and
to describe expected responses and resolutions.
Priority
Level Characteristics of Support Incident Resolution Targets
1
Critical
Support incident that causes (a)
complete application failure or
application unavailability; (b)
application failure or unavailability
in one or more of the client’s
remote location; or (c) systemic loss
of multiple essential system
functions.
Tyler shall provide an initial response to Priority
Level 1 incidents within one (1) business hour of
receipt of the support incident. Tyler shall use
commercially reasonable efforts to resolve such
support incidents or provide a circumvention
procedure within one (1) business day. Tyler’s
responsibility for lost or corrupted data is limited
to assisting the client in restoring its last available
database.
2
High
Support incident that causes (a)
repeated, consistent failure of
essential functionality affecting
more than one user or (b) loss or
corruption of data.
Tyler shall provide an initial response to Priority
Level 2 incidents within four (4) business hours of
receipt of the support incident. Tyler shall use
commercially reasonable efforts to resolve such
support incidents or provide a circumvention
procedure within ten (10) business days. Tyler’s
responsibility for loss or corrupted data is limited
to assisting the client in restoring its last available
database.
3
Medium
Priority Level 1 incident with an
existing circumvention procedure,
or a Priority Level 2 incident that
affects only one user or for which
there is an existing circumvention
procedure.
Tyler shall provide an initial response to Priority
Level 3 incidents within one (1) business day of
receipt of the support incident. Tyler shall use
commercially reasonable efforts to resolve such
support incidents without the need for a
circumvention procedure with the next published
maintenance update or service pack. Tyler’s
responsibility for lost or corrupted data is limited
to assisting the client in restoring its last available
database.
4
Non-
critical
Support incident that causes failure
of non-essential functionality or a
cosmetic or other issue that does
not qualify as any other Priority
Level.
Tyler shall provide an initial response to Priority
Level 4 incidents within two (2) business
days. Tyler shall use commercially reasonable
efforts to resolve such support incidents, as well as
cosmetic issues, with a future version release.
Incident Escalation
Tyler Technology’s software support consists of four levels of personnel:
(1) Level 1: front-line representatives
Page 55
Exhibit C
Schedule 2
3
(2) Level 2: more senior in their support role, they assist front-line representatives and take on
escalated issues
(3) Level 3: assist in incident escalations and specialized client issues
(4) Level 4: responsible for the management of support teams for either a single product or a
product group
If a client feels they are not receiving the service needed, they may contact the appropriate Software
Support Manager. After receiving the incident tracking number, the manager will follow up on the open
issue and determine the necessary action to meet the client’s needs.
On occasion, the priority or immediacy of a software support incident may change after initiation. Tyler
encourages clients to communicate the level of urgency or priority of software support issues so that we
can respond appropriately. A software support incident can be escalated by any of the following
methods:
(1) Telephone – for immediate response, call toll-free to either escalate an incident’s priority or to
escalate an issue through management channels as described above.
(2) Email – clients can send an email to software support in order to escalate the priority of an issue
(3) On-line Support Incident Portal – clients can also escalate the priority of an issue by logging into
the client incident portal and referencing the appropriate incident tracking number.
Remote Support Tool
Some support calls require further analysis of the client’s database, process or setup to diagnose a
problem or to assist with a question. Tyler will, at its discretion, use an industry-standard remote
support tool. Support is able to quickly connect to the client’s desktop and view the site’s setup,
diagnose problems, or assist with screen navigation. More information about the remote support tool
Tyler uses is available upon request.
Page 56
TOWN ADMINISTRATOR’S
OFFICE
Memo
To: Honorable Mayor Koenig
Board of Trustees
From: Town Administrator Machalek
Date: October 11, 2022
RE: 2023 Visit Estes Park Operating Plan
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER: _____________
QUASI-JUDICIAL YES NO
Objective:
Town Board consideration of the 2023 Visit Estes Park Operating Plan.
Present Situation:
Per the terms of the Town’s Intergovernmental Agreement with Larimer County for the
formation of the Estes Park Local Marketing District (VEP), VEP is required to file an
Operating Plan with both the Town and the County no later than September 30th of each
year. This Operating Plan must identify services to be provided by VEP, any marketing
and promotion tax to be levied by VEP, and such additional information as may be
appropriate or required to inform the Town and the County as to the activities, services,
and funding of VEP in the upcoming calendar year. This Operating Plan must also
include a proposed budget for the next fiscal year.
The Town and the County must each approve, modify, or disapprove the Operating
Plan no later than December 5th of each year. The Town Board reviewed the 2023
Operating Plan at its September 19th Joint Study Session with the Board of County
Commissioners.
Proposal:
The 2023 Visit Estes Park Operating Plan is included in the packet.
Action Recommended:
N/A.
Finance/Resource Impact:
None.
Level of Public Interest
Medium
Page 57
Sample Motion:
I move for the approval/denial of the 2023 Visit Estes Park Operating Plan.
Attachments:
1. 2023 Visit Estes Park Operating Plan
Page 58
TABLE OF CONTENTS
New Era for Visit Estes Park
Letter from the Estes Park Mayor
Letter from the Larimer County Commissioners
Letter from the Visit Estes Park Board of Directors
Introduction to Visit Estes Park
Community Relations
Community Services
Paid Media
Public Relations
Content Development
Social Media
Finance & Administration
Lodging Tax Extension
www.VisitEstesPark.com
3
4
5
6
7-20
21-29
30-36
37-41
42-45
46-50
51-54
55-62
63-66
Attachment 1
Page 59
IT'S A NEW ERA FOR
VISIT ESTES PARK.
For generations, tourism has been the single most impactful
economic driver in the Estes Valley. Through tourism, businesses
flourish and job availability grows. Tourism also significantly
contributes to the amenities our community enjoys year round and
public safety that protects life and property in the Estes Valley.
As this industry continues to thrive, Visit Estes Park has
undertaken a significant shift in strategy and approach, to
become stewards of our destination, while aligning with the
shared values of our community and leveraging a data-driven
approach to attract responsible, year-round visitation.
Letter from the Mayor of Estes Park
As a world-class destination, Estes Park's tourism-based economy is integral to the
quality of life of our residents, the success of our local businesses, and the overall
sustainability of our community's economy. Visitors support Estes Park by shopping at
our businesses and paying local sales tax. This tax revenue accounts for a significant
portion of the Town government's General Fund budget, and funds core services and
amenities that our residents enjoy every day -like community parks, streets, trails and
even police services. It also helps to keep our property tax rates exceptionally low.
The Town's mission is to provide high-quality, reliable services for the benefit of our
residents, guests and employees, while being good stewards of public resources and
our natural setting. We simply could not fulfill our mission without the collaborative
relationship we have with Visit Estes Park. Together with other area organizations, we
strive to balance the needs of our community members who call this home with the
needs of all of our guests. And together, we strive to be a preferred Colorado
mountain destination providing an exceptional guest experience year-round. We look
forward to another year of advancing our strong partnership with Visit Estes Park.
Mayor Wendy Koenig
Page 60
Letter from the Larimer County
Board of County Commissioners
Estes Park is one of several sought-out destinations for visitors to Northern Colorado and a favorite of Larimer County residents.
As visitation to Estes Park continues to grow, the impact on natural resources and small town charm needs to be considered in order to
conserve this area we all hold dear. It is also imperative to embody principles of equity, diversity and inclusion to make the destination
welcoming for all.
Visit Estes Park is facing these challenges head on, taking a community-first approach to responsible tourism and destination
stewardship. We look forward to working closely with Visit Estes Park on these important initiatives in 2023 to help ensure that Estes
Park remains a beautiful place to live and to visit for generations to come.
J�h °'dduek-rn ctfa
(jKristin Stephens Jody Shadduck-McNally
Commissioner, District 1 County Commissioner, District 2 County Commissioner, District 3
Letter from the Visit Estes Park Board of Directors
In the past year, under the leadership of Kara Franker working with her outstanding team, Visit Estes Park has
evolved into a true destination management and marketing organization. A steadfast focus on the community
and our natural resources drives responsible tourism strategies that support the year round economic vitality
and sustainability of the area, as well as aims to maintain the quality of life that makes Estes Park such an
incredible place to call home.
We are at the forefront of how destination organizations think not just about their visitors, but also about
partnerships with area organizations, residents and staff. Marketing strategies seek visitors who share
community values while messaging focuses on how to visit responsibly. A special emphasis has been placed
on late fall, winter and spring season visitation, while continuing to support the summer season.
Partnerships with the Town of Estes Park, the Estes Park EDC and Estes Chamber of Commerce seek a
balanced approach to destination stewardship, supporting initiatives that promote destination alignment,
resilience and sustainable development. A reorganized staff is going out into the community to develop
stronger relationships and partnering with community organizations working to make Estes Park a better
place to live.
This community-driven, holistic approach is helping to build a stronger foundation for our resident community.
A strong foundation that will continue to benefit from the guests who choose to visit us year round while
retaining our small town mountain charm and the beauty that surrounds us.
Deborah Gibson
Board Chair, Visit Estes Park
Sean Jurgens
Scott Webermeier
McShan Walker
Vice Chair
Treasurer & Mayor Pro Tern
Secretary
Pat Murphy
Rich Chiappe
Jerusha Rice
Director
Director
Director
El
Page 61
VISIT ESTES PARK OVERVIEW & PURPOSE
Visit Estes Park, also known as the Estes Park Local Marketing District, is a legal entity formed under the Colorado
State Statute (Title 29, Article 25) and funded by the 2% lodging tax, with oversight from a Board of Directors (7)
appointed by Larimer County Commissioners (3) and Town of Estes Park Trustees (5).
Our marketing task is to incrementally increase visitation and its economic benefits to add quality of life for the
community. This calls for strategic and integrated marketing efforts founded on research, with a keen eye on travel
trends. Visit Estes Park's work consists of efforts in Stakeholder Partnerships, Market Research, Destination Brand
Strategy, Website and Digital Marketing, Collateral Development, Public Relations, Social Media, Advertising,
Planning, and Direct Marketing and Sales.
Visit Estes Park creates and manages destination marketing programs to raise awareness regionally, domestically and
internationally for Colorado's Original Playground, offering nearly endless opportunities for guests of all ages, ability
levels and backgrounds the chance to explore the Rocky Mountains year round.
Destination stewardship is an integral part of our approach to destination marketing. Our work focuses on the social,
economic and environmental pillars of sustainability in order to make a positive impact in our community and
encourage a guest experience where mindfulness and respect are top priorities.
Mission
Visit Estes Park nurtures visitor reverence of this vibrant mountain
town for business success, environmental sustainability
and community harmony.
Vision
To be a year-round, family-friendly tourism and event destination
that supports our vibrant mountain town with a balance of
financial success, positive and memorable experiences for
guests and a meaningful quality of life for our community.
Page 62
VISIT ESTES PARK
STAFF ■
111 � � ...... 1111m11■ m
Page 63
INTRODUCTION:
THE FUTURE OF OUR COMMUNITY
The year 2021 was marked by recovery and growth for the Estes Valley.
As the country entered a post-pandemic era, the destination experienced
heightened interest in mountain getaways offering outdoor adventure. Due
to pent up demand for travel, the growing ability to work remotely and
Estes Park's proximity to Rocky Mountain National Park, consumers were
ready to explore. They responded with increased spend and length of stay.
In 2022, despite national economic challenges, Estes Park has
experienced increased revenues compared to pre-pandemic levels.
With this level of growth, Visit Estes Park has committed to placing a
greater emphasis on sustainability education and diversifying visitor
markets and seasonality, while continuing to support our busy season.
This will help conserve our natural resources and small town charm, while
aligning with the town's guiding principles. Our operating plan showcases
how the organization will focus on destination management and
responsible tourism through community collaboration, strategic planning
and always-on, year-round efforts.
YEP BRAND ATTRIBUTES
Community Sustainable Educational Inclusive &
Oriented Accessible
We support and We embody We educate guests We strive to
foster relationships sustainability and about how to welcome all to
with local empower guests to experience Estes Colorado's Original
businesses, leaders do the same. This is Park and the Playground and
and community key to preserving surrounding public emphasize that
members while the natural beauty lands so they have everyone can
identifying new that surrounds us. the best experience experience and
opportunities for while maintaining thrive in the great
innovation and the charm of our outdoors.
collaboration. local community
and natural
environment.
Data-driven
We make decisions
based on data to
sustainably attract
guests and
proactively adjust
our strategies to
positively support
our community.
12
Page 64
MESSAGING FOR AN EVOLVING TRAVEL LANDSCAPE
Here in Estes Park, visitors and residents share a common goal for an uncommon land. We treat our guests as we do our
neighbors, just as we ask them to treat the local wildlife: with awareness and appreciation. Together, we are supporting
our community. Promoting sustainability. And focusing on social, economic and environmental impacts. Because if we
take care of this beautiful place that has drawn us together, we can continue to to honor what brought us here.
DECIDING FACTORS
As potential guests decide where to visit, we
position Estes Park as an authentic, vibrant mountain
town, offering activities, dining, shopping and an
experience that is welcoming and approachable.
Estes Park is affordable to families and offers a
multitude of activities in every season, while also
offering a basecamp to world-class adventure and
outdoor experiences.
STRATEGIC PLANNING FRAMEWORK
Visit Estes Park is developing a strategic plan to prepare the organization to deliver a high quality of
service to the community, work with stakeholders to create a resilient and stable economy, and collaborate
with locals to instill a shared sense of pride and ownership.
To obtain its renewed vision, the Visit Estes Park will:
•Reform and strengthen community relationships to nurture our sense of place
•Develop and deploy visitor management information tools
•Prepare board members with context and justification for future investments and organization direction
• Guide placemaking and product development decisions
•Provide metrics for understanding progress and measuring accomplishments & impact
Page 65
VISITOR TARGETING
In 2023, Visit Estes Park will continue
relationships with companies including
Destination Analysts, Epsilon and
TripAdvisor to obtain deep, comprehensive
and actionable insights about visitors on a
regular basis.
These partners utilize products that track
gee-location data and spending, to ensure
we are marketing to visitors who will provide
the highest return on our investments.
MESSAGING KEY POINTS
Outdoor
Experiences
Year-round
Affordability
Easy Access
whether driving or
flying into Denver
Equity, Diversity
& Inclusion
Estes is a place for all
Unique Local
Offerings
Sustainability
focused Travel
Page 66
Target Audiences
•Estes Park loyalists who have traveled to the destination in the past
•Active adults, outdoorsy couples and outdoor enthusiasts
•Couples looking for a romantic getaway
•Multigenerational travelers visiting as a family, grandparents
•Meeting planners
•Travel advisors
•Travelers celebrating milestones
•Digital Nomads
Demographics
•Demographic: AD25-54 with an emphasis on 49+
•Household Income: $1 00K+
Interests: Scenic Beauty, Relaxing Mountain Getaway, Mountain Biking
and Hiking, Outdoor Adventure/ Enthusiast, Backpacking, Trails,
National Parks, Road Trips, Craft Beer, Romantic Getaways, Family
Friendly
Geographic Focus
San Francisco
Colorado: Denver, Colorado Springs, Fort Collins,
Boulder, Loveland, Longmont, Greeley
Los Angeles
Dallas-Fort Worth DMA
Houston DMA -------------
Kansas City
Omaha Chicago
--• Orlando
--• Tampa
Miami
Ft Lauderdale
Page 67
ECONOMIC OUTLOOK
We are closely monitoring visitor volume,
spending and the recovery timeline for domestic
and international leisure travel, as well as
professional meetings & events. This includes
consistently reviewing national and regional data
on the state of the industry, consumer confidence
and the impact of inflation on consumer spending.
We will also continuously meet with local
stakeholders to understand their business levels
and needs. With this information in hand, we will
frequently reoptimize and recalibrate our
campaigns and strategies based on findings.
KEY ORGANIZATIONAL GOALS
COMMUNITY RELATIONS & SERVICES
•Help extend the season to become a year-round destination
•Continue to build community relations to establish trust and increased engagement
•Provide tools for partners to promote their business
•Bring qualified groups to Estes Park with an emphasis on fall, winter and spring months
_, t,,, I I '
•Work with partners on bringing international travelers to Estes Park
'•:\',I{'" . . ".\i ····•�-.,• '"jj ' ' . . D ·�-_··· '. ,. �-.•, ..
,,:i.11.1� ,, ', *,. .�-., , '.•· .... '
, , -.:-r
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Page 68
COMMUNITY RELATIONS
Demonstrate Visit Estes Park's transition to a
destination marketing and management
organization focused on sustainability.
m
Page 69
STRATEGY
0 Collaborate with the Town of Estes Park to
implement adopted recommendations from
the Environmental & Sustainability Taskforce
report that are relevant to Visit Estes Park.
C, Contribute to a strong community
foundation through an evolved
sponsorship program.
TACTICS
•Senior Manager of Community Relations & Sustainability
to act as liaison between the Town of Estes Park and Visit
Estes Park staff to ensure execution of relevant projects.
•Broaden event and project sponsorship financial
support to include equity, diversity, inclusion and
sustainability initiatives.
•Focus event sponsorships on events that extend the
season, occurring November through April.
Community Relations
Develop, nurture and improve
community relations.
Page 70
STRATEGY
0 Develop the Community Outreach Program into
a robust, effective vehicle for dialogue,
information sharing and collaboration between
the community and Visit Estes Park.
C, Create a multi-outlet communications
plan to provide regular updates and
resources for the community.
STRATEGY
C9 Partner with area organizations on projects. In
cases where we can lend our expertise, provide
resources or leverage our outlets to assist an
organization that aligns with our mission to
drive economic growth and improve quality of
life for our community.
E)Develop an event series to celebrate
the community.
TACTICS
•Define objectives that align with organizational goals and
communication initiatives for use in outreach.
•Continue to build relationships through ongoing interaction.
•Build an editorial calendar that highlights shared
community values in the context of Visit Estes Park's
policies, programs and marketing campaigns interweaving
sustainability education.
•Utilize e-newsletters, the partners page on
VisitEstesPark.com, the Visit Estes Park Partners
Facebook Group, press releases, editorials and Linkedln
to connect with the community.
Community Relations
TACTICS
•Evaluate and accept partnerships as requested
and as appropriate.
•Determine how Visit Estes Park can support the
community while creating Estes Inspired experiences.
•Plan at least one Estes Inspired experience.
Community Relations
Page 71
·--·•_..__
Contribute to an equitable, diverse,
inclusive and sustainable community. '"''-�-.-
STRATEGY
0 Support the work of the internal
Equity, Diversity, Inclusion and
Sustainability Task Force.
G)Integrate messages of equity,
diversity, inclusion and
sustainability at all levels of
guest communications to
encourage responsible tourism.
.. .----... ,_..- ·•· ·
TACTICS
.. � .. .-. -, �
•Create an EDI-S section on VisitEstesPark.com that includes sustainability
and EDI content, accessible from the main navigation.
•Finalize a pledge/statement on Visit Estes Park's commitment to EDI and
sustainability to fill the landing page. On dedicated sub-pages:
o Create a robust page of resources, biogs, events, festivals and tours
that support EDI as well as a listing of businesses owned by
marginalized communities.
o Create a responsible tourism page that includes the PSNKnow Before
You Go videos as well as resources, biogs, a list of green businesses
and other helpful information to "do Estes Right" while visiting.
•Present Estes Park as a welcoming destination across all channels.
•Communicate sustainable and responsible travel expectations to guests.
•Distribute materials and resources ahead of special heritage events for use
in local businesses to signify to guests that they are welcome.
•Continue to recognize indigenous populations who were the original
inhabitants of the land we hold dear.
Community Relations
Page 72
STRATEGY
(9 Emphasize the importance of equity,
diversity, inclusion and sustainability
within the community.
E)Take action within Visit Estes
Park to make positive changes
within the organization while
joining others to lead by example
within the community.
TACTICS
•Share performance data on VEP content to demonstrate the importance of
EDI-S messaging to the community to encourage action by stakeholders.
•Collaborate with like-minded organizations to support and amplify efforts
already undertaken in the community.
•Foster projects that make it easier for people to be less wasteful.
•Support new bike lanes and walking paths.
•Provide equity across communications through Spanish translations of key
stakeholder and guest messaging, as well as support Hispanic-led events
and find avenues to connect in a more impactful way.
•Complete an audit of Visit Estes Park policies within the context of EDI-S.
Recommend updates and changes as needed.
•Complete the Global Sustainable Tourism Council's Destination Assessment.
•Evaluate Mountain IDEAL standard certification and the Global Sustainable
Tourism Council certification program to determine which to pursue, then
start the conversation with key partners.
•Staff to implement takeaways from Destinations lnternational's EDI
Leadership Program.
•Utilize Destination lnternational's EDI assessment tool to obtain standards and
metrics for our organization.
Community Relations
COMMUNITY SERVICES
Page 73
·--·•_..__
Provide opportunities for tourism businesses
to reach guests across all markets. '"''-�-.-
STRATEGY
0 Promote Estes Park to meeting planners to
attract off-season and mid-week stays, passing
on resulting RFPs to appropriate businesses.
Q Increase inventory available to
international travel trade tour operators.
.... :.----- .. , .... �• -.. � .. .-. -, �
TACTICS
•Attend trade shows with planners who have Colorado
based RFPs.
•Offer tours and site visits for event and travel planners.
•Focus on markets that are a good fit for Estes Park:
religious, family reunions, weddings and Colorado-based
corporations/ associations.
•Increase stakeholder awareness through community
outreach and education to encourage working with
travel agents.
•Provide multi-day itineraries to tour operators about
Estes Park to extend their stay.
•Attend industry conferences to renew travel industry
relationships and connect with travel buyers from
around the world.
Community Services
Page 74
STRATEGY
C9 Provide digital advertising platforms for tourism
businesses to reach leisure travelers through
VisitEstesPark.com and the Facebook Social
Co-Op program.
E)Create educational opportunities for
tourism businesses to better leverage
Visit Estes Park resources.
Provide education and resources that support
business operations, advocacy and responsible
tourism to stakeholders.
STRATEGY
0 Provide advocacy and responsible tourism
resources to stakeholders.
TACTICS
•Engage Destination Travel Network (DTN) to manage
website listings and display ad sales for
VisitEstesPark.com.
•Reintroduce the Facebook Social Co-Op program.
•Communicate opportunities through the Community
Services Guide, Outreach Program and Partners
Facebook Group.
•Facilitate a DTN digital marketing 101 webinar.
•Create and distribute the Community Services Guide.
•Offer ongoing OLIVE extranet training.
Community Services
TACTICS
•Create a "know before you go" logo and webpage on
VisitEstesPark.com. Businesses can place the logo in
digital materials, linking to the webpage for the most up to
date information on seasonal information for guests.
•Make social media toolkits from leading organizations
available, such as the U.S. Travel Association,
Destinations International and Care for Colorado.
•Provide talking points for tourism businesses and
residents:
o In support of tourism
o On responsible tourism and the community
Community Services
Page 75
Extend the season November through April to
support local businesses in their effort to stay
open year-round and retain employees invested in
their business.
STRATEGY
0 Leverage and support new and existing events.
TACTICS
•Investigate ways to augment the tree lighting ceremony
and Catch the Glow Parade.
•Determine whether to encourage the adoption of a
Snowshoe Festival and snowshoeing as a main winter
attraction from January through March.
•Explore a Candyland theme for the month of February to
support the Wine & Chocolate Festival.
•Promote distilleries and breweries throughout the month
of March to extend festivities around Whiskey Warm Up.
•Encourage stakeholders to create promotions, themed
events and specials around Bigfoot Days to occur
throughout the month of April.
Community Services
KEY ORGANIZATIONAL GOALS
MARKETING & COMMUN/CA T/ONS
•Generate 300 million paid and earned media impressions
•Exceed 6 million organic social media impressions
•Drive 2 million visits to VisitEstesPark.com
•Deliver 400,000 referrals to lodging partner booking engines and websites
Page 76
Maximize Analytics & Data Optimization
STRATEGY
0 Build strategy and tactics on robust analytics
leveraging data to optimize efforts.
PAID MEDIA
TACTICS
•Reach the right audience, at the right time, with the
right message through sophisticated targeting and
retargeting to showcase additional messages to the
highest potential visitors.
•Optimize digital messaging and delivery using
analytical tools to maximize performance and goal
conversions that deliver on Key Performance
Indicators (KPls).
•Test different creative messages to different
audience segments within digital and paid social to
understand nuances and responsiveness, which
showcases the most engaging messaging.
Paid Media
Page 77
Maximize flight channels to optimize media plans
STRATEGY
0 Flight each media channel specific to the media
usage habits of each audience segment.
Increase destination demand in all market
segments, specifically during need periods
STRATEGY
0 Generate an increase in demand for overnight
lodging stays by driving intent to visit Estes
Park, especially on fall weekdays, as well as
winter and spring.
TACTICS
•Reach consumers most likely to visit through use
of effective media partnerships.
•Use media delivering measurable results and
monitor key performance metrics.
•Focus budget on measures and added value
must-haves.
•Maintain paid social media throughout the year to
continue consumer conversations and promote
year-round offerings.
Paid Media
TACTICS
•Connect with potential visitors through mass
reach and niche targeting to ensure we fully
encompass all key audiences.
•Continually optimize campaigns based on data
and analytics.
•Showcase ease of access from Denver
International Airport (DEN) to Estes Park to
flight markets.
•Utilize analytics and regional partnerships to
identify emerging markets.
Paid Media
Page 78
Leverage marketing assets to target audiences
STRATEGY
0 Leverage video and image assets to deliver
inspirational storytelling, which creates
emotional connections and increases
aspirational desire among travelers.
TACTICS
•Engage potential visitors through dynamic
visual storytelling.
•Integrate video assets into cross-channel units
maximizing views and increasing click-throughs.
•Refresh video assets by utilizing the in-house
photographer to create new pieces.
•Present Visit Estes Park as Colorado's Original
Playground offering activities accessible to all
ages and abilities, in all seasons.
Paid Media
PUBLIC RELATIONS m
Page 79
Earn coverage positioning Estes Park as
Colorado's Original Playground, a sustainable
recreation destination accessible to all.
STRATEGY
0 Communicate and emphasize all there is to
see and do in Estes outside of Rocky
Mountain National Park, including locally
owned shops you won't find anywhere else,
world-class attractions, food for every taste
and superb recreational opportunities.
Increase national brand awareness of Estes Park.
STRATEGY
0 Leverage national travel trends to increase
national brand awareness.
E)Create newsworthy communications of Estes
Park's seasonal offerings to drive year-round
media interest and coverage.
TACTICS
•Host press trips and attend media marketplaces to
develop and strengthen media relationships
•Write and distribute seasonal "what's new" press releases
•Supply destination information to TURNER PR for
inclusion in monthly pitching and press releases,
highlighting offerings that are unique to Estes Park
•Respond to Colorado Tourism Office information requests
•Continue to update the online newsroom and press kit
collateral to meet journalist needs, including photo/video
•Measure success by evaluating earned coverage against
PR goals designed to support marketing goals and
increase overall brand awareness
•Track terms of percentage of total earned coverage,
impressions and ad value
Public Relations
TACTICS
•Supply destination information to TURNER for inclusion
in monthly pitching and press releases
•Attend media marketplaces to connect with
publications reaching our target audiences
•Respond to Colorado Tourism Office information
requests with relevant, newsworthy information
•Develop engaging, personalized itineraries for individual
press visits to facilitate authentic, firsthand stories
•Optimize and fully leverage destination news and
messaging strategies through integration and alignment
with editorial content
•Create content for news, pitches and editorials across
audiences, including media, to maximize message
reach, boost awareness and create synergy among
VEP communications platforms and media outreach
initiatives
Public Relations
Page 80
Increase international brand awareness
of Estes Park.
STRATEGY
0 Leverage Colorado Tourism Office
partnerships to increase brand awareness on
an international level.
TACTICS
•Develop a deeper understanding of Estes
Park's top international markets and what
inspires them to visit the destination
•Respond to requests for information with
curated information to suit international
publications
•Attend media missions reaching target
international markets
•Participate in press trips arranged by the
Colorado Tourism Office to provide
international journalists with firsthand
experiences in the destination
Public Relations
CONTENT DEVELOPMENT
Page 81
Storytelling
Use storytelling to showcase the range of
activities and businesses offered in Colorado's
Original Playground and educate guests on how
to do Estes Park right.
STRATEGY
0 Develop, curate and promote world-class
content through dynamic and diverse storytelling
Storytelling
Use storytelling to showcase the range of
activities and businesses offered in Colorado's
Original Playground and educate guests on how
to do Estes Park right.
STRATEGY
0 Develop, curate and promote world-class
content through dynamic and diverse storytelling
TACTICS
•Maintain and expand a robust content library to
generate affinity for the destination, highlight
distinctive brand attributes and evoke an emotional
connection with the consumer.
•Develop creative assets that integrate with paid
media campaigns and keep the traveler engaged on
VisitEstesPark.com.
•Draw on data from SimpleView, Google Analytics
and the expertise of agency partners to determine
editorial coverage based on consumer interest, news
value and search trends.
•Work with in-house and local freelance contributors
to develop written and visual content with
destination authority to present Visit Estes Park as
the experts on the area.
Content Development
TACTICS
(CONT'D)
•Procure, create and integrate high-quality visual
content including video, live broadcast, lnstagram
stories and photos with high shareability and
engagement across all digital platforms.
•Deepen collection of social-friendly and engaging
static visual content including drone photography, plus
new editorial photography and video.
•Use video to give visitors a more personal connection
with the destination.
•Showcase the variety of winter experiences and
events to push visitation during winter months.
•Highlight businesses implementing green practices to
attract environmentally conscious guests.
Content Development
Page 82
Boost Engagement
Develop strategic content to boost engagement
and visitation.
STRATEGY
0 Optimize the online experience for
VisitEstesPark.com and social media channels
to educate and inspire all audiences.
Build visitor intent to travel through
strategic outreach
STRATEGY
0 Optimize an online outreach program that
leverages email newsletters to consumers.
TACTICS
•Drive advertising and social communications to
VisitEstesPark.com content and landing pages and
measure lodging referrals to stakeholder booking
engines and websites.
•Create and maintain an all-encompassing editorial
calendar and revise the VisitEstesPark.com
homepage to be the perfect landing page for digital
visitors, creating a launching point for inspiration,
education and booking Estes Park travel.
•Analyze data research to implement technical and
content recommendations from SimpleView's
Search Engine Optimization team.
•Employ search optimization, including keyword
research and best practices for new content pages.
•Engage web users with content balancing practical
destination insight and resources with more
aspirational content.
Content Development
TACTICS
•Build the e-newsletter subscriber database, grow
click-through and open rates and engage new
subscribers.
•Leverage content to educate those who have already
decided to travel to Estes, as well as to inspire those
who may have not booked yet.
•Use the most updated technology that integrates into
our website efficiently and effectively.
•Create targeted emails based on demographic,
interests and where they are in their visitor journey.
•Use the Visitor Center Kiosk to capture guests' emails
and interests so we can continue the relationship.
Content Development
Page 83
Boost engagement to maximize reach
across all social channels.
STRATEGY
0 Use key social media channels to drive
awareness and create engagement with
traveling consumers.
SOCIAL MEDIA
TACTICS
•Continue building a highly engaged community of
followers by communicating regularly with them to
influence and promote Visit Estes Park's lnstagram,
Facebook, Twitter, TikTok and Linkedln accounts.
•Utilize innovative social media features to give first
hand experiences of local businesses and the town in
general.
•Provide authentic and realistic messaging and content
on social media channels.
•Highlight the Visit Estes Park team and board along
with key stakeholders and their efforts on business
focused channels like Linkedln.
•Use paid social media to reach our target markets and
demographics by lifestyle preferences, expand the
reach of marketing campaigns and generate
awareness for destination events.
Social Media
m
Page 84
Boost engagement to maximize reach
across all social channels.
STRATEGY
0 Use key social media channels to drive
awareness and create engagement with
traveling consumers.
TACTICS
(CONT'D)
•Highlight influencer content and other user generated
content through CrowdRiff for travel-inspired stories from
the eyes of the visitor.
•Leverage social media channels as video distribution platforms.
•Evaluate other emerging social tools and Over The Top
media (OTT) technologies (Smart TVs, Internet TV and
streaming) to further expand Estes Park brand awareness.
•Further amplify reach through industry partner mobilization,
including business stakeholders, brand enthusiasts and a
proud community willing to link to VisitEstesPark.com or
share Visit Estes Park's social and multimedia messages
and assets.
•Extend signature event experiences through lasting social
media coverage in the winter months.
Social Media
KEY ORGANIZATIONAL GOALS
FINANCE & ADMIN/STRA TION
•Ensure compliance with all financial and budgetary requirements
•Strive to provide employees a satisfying and productive work environment
•Ensure equipment, technology and facilities meet the needs of the organization
•Empower the organization with the data knowledge necessary to make informed decisions
•Maintain a budget framework with transparency and accountability
Page 85
Ensure Visit Estes Park complies with all
financial and budgetary requirements by
adhering to GASS (Governmental Accounting
Standards Board) and OMO (Destination
Marketing Organization) best practices.
STRATEGY
0 Manage all financial and budgetary workflows in
a timely manner to provide reliable financial data.
FINANCE & ADMINISTRATION
TACTICS
•Maintain compliance with all Colorado Open
Records Act requirements.
11
•Produce and distribute an annual Visit Estes Park
budget that reflects the strategic and tactical
needs of the organization.
•Produce timely and accurate organizational
financial statements for board & management
review, allowing for actionable decisions based on
economic trends.
•Complete the Accreditation Renewal process
through Destinations International.
Finance & Administration
Page 86
Provide management of all human
resource functions to ensure a satisfying
and productive work environment.
STRATEGY
0 Utilize human resources best practices
across the organization.
Manage all administrative and operational
aspects to ensure equipment, technology
and facilities meet the needs of
Visit Estes Park.
STRATEGY
0 Collaborate with all departments to
deliver highly effective support services.
TACTICS
•Provide employees with training opportunities that are
relevant to the needs of the organization.
•Foster and grow in-house talent.
•Encourage professional development for all employees.
•Coordinate a Strategic Planning Retreat for employees.
Finance & Administration
TACTICS
•Upgrade technology equipment and software as
necessary to assist productivity and capabilities.
•Research and implement methods of reducing
administrative burden.
•Foster talent by embracing technology and work trends.
Finance & Administration
Page 87
Empower the organization with the
data knowledge necessary to make
informed decisions.
STRATEGY
0 Provide reliable research and data
services to staff and stakeholders.
Maintain a budget framework with
transparency and accountability in
accordance with Governmental
Accounting Standards Board (GASB)
and industry standards.
STRATEGY
0 Provide relevant budget definitions that
reflect the needs of Visit Estes Park.
TACTICS
•Deliver research and intelligence support for Visit Estes
Park staff to ensure the full spectrum of visitor industry
information can be utilized.
•Work with Destination Analysts to present tax data in
various ways on their dashboard system.
•Assess competitive positioning in the Rocky Mountain
region, general tourism trends and emerging markets.
Finance & Administration
TACTICS
•Work with all departments to identify organization
budgetary needs.
•Create flexibility to expand budget detail in future
years as needed.
•Provide budget information to the State of
Colorado as required on an annual basis.
Finance & Administration
Page 88
$4,000,000
$3,000,000
$2,000,000
$1,000,000
$0
$2,500,000
$2,000,000
$1,500,000
$1,000,000
$500,000
$0
$3,150,000
District Tax Fund
2% lodging tax on stays
less than 30 days in the
District boundary
Personnel Expenses
Web Listing Sales
Income from Paid
placement on
Visitestespark.com
$2,156,625
Program Expenses
$600
Investment Interest
Interest from
reserves
$172,530
Indirect Expenses
m
Page 89
LODGING TAX EXTENSION
LODGING TAX EXTENSION HISTORY & FRAMEWORK
In March 2022, House Bill 22-1117 was signed into law, allowing the expanded use of local lodging tax revenue to address
gaps in the need for workforce housing and childcare. The bill offered a consistent and meaningfully-sized funding
mechanism for workforce housing and childcare, which until then had been a significant barrier to addressing these issues.
For the legislation to be applicable to the local community, a ballot initiative would have to be introduced asking voters in the
local marketing district to decide whether to authorize the use of new or existing lodging tax revenue for investments in
workforce housing and childcare.
At the time of publication, a six-week Lodging Tax Exploration task force had concluded. After taking into consideration the
recommendations of the Task Force, discussions with community members and a significant amount of research, the Visit
Estes Park Board of Directors recommended the following:
•To pursue a 3.5% increase over the current lodging tax by executing a ballot initiative in November 2022.
•To use funds for both workforce housing and childcare and that the allocation of funds should be administered by the
Town of Estes Park.
Additionally, the Board acknowledges that the Town of Estes Park is developing a strategic plan as part of the 2022
housing needs assessment and supports their intent to use it to build a plan for the utilization of these funds.
Page 90
LODGING TAX EXTENSION
LODGING TAX EXTENSION GOALS: IF IT PASSES
Should the lodging tax extension ballot initiative
pass, Visit Estes Park will act as the fiscal agent in
the collection of the additional lodging tax, passing
the funds to the Town of Estes Park for
administration and allocation.
Lodging Tax Extension
Should the lodging tax ballot initiative pass, our
goals will be:
1. Create informative content championing the
economics of the tourism industry and its
impact on the local community.
2. Create a transparent funding passthrough
mechanism, so that the 3.5% in additional
lodging tax revenue goes to the Town for
oversight and dispersement.
3.Communicate with the community via public
relations why tourism is important and how it
directly impacts the workforce and childcare.
4. Collaborate with state and regional tourism
partners on communications efforts.
5. Recruit a team of ambassadors through Visit
Estes Park's community outreach program who
can further reach and educate the community.
Lodging Tax Extension
Page 91
www.VisitEstesPark.com
Page 92
EVENTS & VISITOR
SERVICES Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Rob Hinkle, Events and Visitor Services Director
Date: October 11, 2022
RE: Resolution 84-22: Memorandum of Understanding with the Rocky
Mountain Conservancy regarding Shared Workspace at the Visitor Center.
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
To approve a Memorandum of Understanding by and between the Town of Estes Park
and the Rocky Mountain Conservancy.
Present Situation:
The Visitor Center has been a key focal point for tourists coming into Estes Park for
many years. The location makes it an easy stop for tourists to get information and of
course to utilize the restrooms. As other visitor centers around the country have
integrated technology to develop fun, informational and educational type exhibits/retail
spaces, the Estes Park Visitor Center has been operating the same for many
years. We feel that it is time to start making changes that will enhance the visitor
experience.
Proposal:
To pursue this enhanced experience, the Rocky Mountain Conservancy (RMC), Visit
Estes Park (VEP) and the Town have conducted some meetings on pursuing a
partnership at the Visitor Center. We have explored opportunities for RMC to be
involved in the daily operations. This would include the RMC having an educational hub
and “Nature Store” in the Visitor Center.
Advantages:
The partnership with the RMC could fill an important niche in providing information and
products related to Rocky Mountain National Park by utilizing the current excess space
in the lobby to improve customer service.
Page 93
Visitor Services receives a significant number of inquiries from guests about Rocky
Mountain National Park. Having RMC staff on site who are qualified to answer park
related questions is a significant benefit to the Visitor Center guests.
The Town’s Visitor Center Sales policy identifies the RMC as an approved vendor for
products sold on site. Products sold from the Nature Store would directly support Rocky
Mountain National Park but the RMC would also return a percentage of sales to the
Visitor Center for needed improvements.
The partnership will also include RMC educational programming. The Visitor Center
could become an educational hub for the RMC with the RMC educational staff officing
upstairs.
Disadvantages:
The Town will be giving the RMC space to utilize for their Nature Store and possible
future offices. However, it is space that has not been used effectively currently and staff
would like to enhance guest experience in the Visitor Center.
Action Recommended:
Town Board to approve the Memorandum of Understanding between the Town of Estes
Park and Rocky Mountain Conservancy.
Finance/Resource Impact:
Profits from the Conservancy resulting from product sales will be returned to the Town
in the form of aid to be used for enhancement of the interpretive, educational and visitor
services at the site. This sum will not be less than 5% of the gross sales and will be
obligated annually, with the annual amount being based on prior year’s sales.
Level of Public Interest
Minimal Public Interest
Sample Motion:
I move for the approval Resolution 84-22.
Attachments:
1. Resolution 84-22
2. Memorandum of Understanding between the Town of Estes Park and Rocky
Mountain Conservancy regarding Shared Workspace at the Visitor Center
Page 94
RESOLUTION 84-22
APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE ROCKY
MOUNTAIN CONSERVANCY REGARDING SHARED WORKSPACE AT THE
VISITOR CENTER
WHEREAS, the Town Board wishes to enter the memorandum of understanding
referenced in the title of this resolution for the purpose of enhancing visitor experience,
with Rocky Mountain Conservancy providing an educational hub and “Nature Store” at
the Visitor Center.
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 agreement referenced
in the title of this resolution in substantially the form now before the Board.
DATED this day of , 2022.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Special Counsel
Attachment 1
Page 95
Page 1 of 10
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding Regarding Provision and Use of Shared Workspace
(“MOU”) is made and entered into by and between THE TOWN OF ESTES PARK (“Town”),
a Colorado municipal corporation and ROCKY MOUNTAIN CONSERVANCY,
(“Conservancy”), a Colorado non-profit corporation.
PURPOSE
This Memorandum of Understanding (MOU) defines a means of enhancing information services
to the traveling public in Colorado, by collocating staff and resources of two public service
organizations with mutual interests in a single location. By joining efforts at the Estes Park Visitor
Center, both organizations will better achieve their respective missions by reaching more visitors
than they have individually, prior to this MOU. Visitors, in turn, will benefit from the arrangement
by more efficient use of vacation time, increased access to comprehensive, current travel-related
information, educational classes, exhibitry, materials, and mission-tied merchandise unique to
Rocky Mountain Conservancy.
Attachment 2
Page 96
Page 2 of 10
Section 1. JOINT PROCEDURES
1.1 The Rocky Mountain Conservancy and the Town of Estes Park shall jointly provide staffing
to greet visitors and orient them to the Town of Estes Park Visitor Center and the Rocky
Mountain National Park area community. Both organizations agree to actively promote the
other’s mission and programs in meeting the public’s expectation of service.
1.2 Visitor services at the Town of Estes Park Visitor Center Information Desk will be
performed by employees and volunteers of the Town of Estes Park on a schedule to be
defined and adjusted as needed during the first year of the effective period of this MOU and
at the start of each successive calendar year. Visitor services at the sales counter at the Rocky
Mountain Conservancy bookstore sales desk at the Town of Estes Park Visitor Center will
be performed by employees of the Rocky Mountain Conservancy, again on a schedule to be
defined and adjusted as needed during the first year of the effective period of this MOU and
at the start of each successive calendar year.
1.3 Both parties to this MOU shall share expertise regarding such items as local and regional
tourism-related attractions and resources, special public events, weather forecasts, highway
condition reports, current lodging and campground status conditions, directions to and
features of historic heritage sites, and other related information for benefit to the visiting
public, including those who may contact the staff in person, by telephone, or through e-mail
or conventional mail.
1.4 Both parties agree that no financial appropriations are implied or obligated by this
Memorandum of Understanding. The Rocky Mountain Conservancy is expected to provide
internal organizational support adequate to meet the scope of their individual responsibilities
under this Memorandum of Understanding on a calendar year basis.
1.5 Both parties agree to conduct their typical activities and utilize their own fundamental
resources, including funding, in carrying out the procedures defined herein, with an
emphasis on coordination of efforts for mutual organizational benefit and enhanced public
service.
1.6 Both parties may propose the use of the other’s name and organizational identifier on
billboards, posters, signs, fliers, mailings, brochures, and other forms of printed and
electronic media designed to inform the public and identify the parties as having a mutual
interest in public service. Use of the Rocky Mountain Conservancy logo and related
identifiers is controlled but encouraged; guidance and technical standards for its applications
can be determined in consultation with the Conservancy’s staff.
Page 97
Page 3 of 10
Section 2. INDIVIDUAL PROCEDURES
2.1 The Town of Estes Park shall provide the following services and facilities for continuous
use by the Rocky Mountain Conservancy during the effective period of this MOU:
● Secure retail space for use by the Conservancy that is visible and accessible to the
public;
● Secure storage space for brochures and similar printed media publications;
● Standard electrical, telephone, and internet services as well as space for office
equipment such as a copier, printer, and facsimile machine, and cash register/POS
system;
● Access to the Estes Park Visitor Center for seasonal public hours of operation as well
as occasional after hours for meetings, special events, and tours of the Visitor Center
by prior arrangement with the Town of Estes Park.
2.2 The Conservancy agrees to maintain continuous communication with the Town of Estes Park
regarding Estes Park Visitor Center and Conservancy staff availability or unavailability to
perform duties so that overall staffing can be adjusted accordingly to complement seasonal
needs, visitation patterns, and special events.
2.3 Visitor safety is paramount in the operation of the Estes Park Visitor Center and its various
public programs. Both parties agree to abide by and implement the recommendations and
official decisions of the Town of Estes Park that result from periodic safety inspections of
the premises.
2.4 The Conservancy shall pay the Town at least five percent (5%) of the gross revenues resulting
from product sales at the Estes Park Visitor Center. The Town’s intent is to use these funds
for enhancement of the interpretive, educational and visitor services at the site. This sum
must be at least a proportion consistent with the amount the Conservancy pays its other
partners in similar relationships. The Conservancy shall budget and obligate this financial
support annually, with the annual amount being based on the prior year’s sales plus a
reasonable inflationary factor. The Town will annually submit a request to the Conservancy
detailing the intended use of that year’s payment, and thereupon the Conservancy shall
promptly pay the Town in full or if the Town so requests, Conservancy shall retain the
payment until such time as the Town requests payment.
Page 98
Page 4 of 10
Section 3. INSURANCE
3.1 Conservancy shall, at its own costs, secure and continuously maintain through the term of
this MOU the minimum insurance coverages listed below, with forms and insurers
acceptable to Town. In addition, Conservancy shall maintain such coverages for the
insurance listed in paragraphs 3.1.1, 3.1.2, and 3.1.3 below for two additional years. For any
claims-made policy, Conservancy shall include the necessary retroactive dates and extended
reporting periods to maintain continuous coverage.
3.1.1 Workers' Compensation according to the Workers' Compensation Act of the State
of Colorado and Employer's Liability with limits of at least $500,000. Conservancy
shall require any subcontractor hired by the Conservancy to carry Workers’
Compensation and Employer’s Liability coverage.
3.1.2 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.
3.1.3 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 Conservancy’s owned, hired or non-owned vehicles assigned to or used in
performance of this MOU.
3.2 The required general liability and comprehensive automobile liability policies shall contain
endorsements to include Town and its officers and employees as additional insureds. The
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 Conservancy.
3.3 Conservancy shall, upon request, provide Town a certified copy of each required policy.
3.4 As evidence of the insurance coverages required by this Contract, before beginning
collocation under this MOU, Conservancy shall furnish certificates of insurance certifying
that at least the minimum coverages required here are in effect and specifying the liability
coverages are written on an occurrence form to:
Town of Estes Park
170 MacGregor Avenue
PO Box 1200
Estes Park, CO 80517
Attention: Rob Hinkle
Page 99
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3.5 With the exception of the 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 MOU.
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 Conservancy 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 Conservancy, its
officers, employees, agents, subcontractors, or business invitees. They shall be written as
primary policies not contributing to and not in excess of coverage the Town may carry.
3.6 Conservancy shall not cancel, change, or fail to renew required insurance coverages.
Conservancy 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
MOU.
3.7 The Town relies on, and does not waive or intend to waive, by any provision of this MOU,
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.
3.8 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 collocation 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.
3.9 Conservancy shall not cancel, non-renew or cause insurance to be materially changed or
replaced by another policy without prior approval by Town.
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Section 4. INDEMNIFICATION
4.1 Conservancy 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 its activities, acts, or omissions conducted under this MOU.
4.2 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.
4.3 As part of this indemnity obligation, the Conservancy 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.
4.4 INDEPENDENT ENTITY: Conservancy shall undertake its activities under this Agreement
as an independent entity, and not as an agent or employee of Town. No employee or official
of Town shall supervise Conservancy. Conservancy shall exercise no supervision over any
employee or official of Town. Conservancy shall not represent that it is an employee or agent
of the Town in any capacity. Conservancy’s officers, employees and agents are not
entitled to Workers' Compensation benefits from the Town, and Conservancy is
obligated to pay any applicable federal and state income tax on money earned
undertaking the activities described in this Agreement, noting the Conservancy’s
nonprofit status. Except as this Agreement provides, Conservancy shall, at its sole expense,
supply all equipment and materials, machinery, tools, superintendence, personnel, insurance
and other accessories necessary. This Agreement is not exclusive; Town and Conservancy
may each contract with other parties. Town and Conservancy are independent parties and
not joint venturers.
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Section 5. MISCELLANEOUS
5.1 APPLICABLE LAW: Both parties agree to comply with all 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, as applicable) and
all orders and decrees of bodies or tribunals applicable to work under this MOU.
Conservancy 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 ensure that
Conservancy follows the safety regulations issued by OSHA.
5.2 PERMITS AND LICENSES: The Conservancy shall secure all permits and licenses, pay all
charges, files, and taxes, and give all notices necessary and incidental to the lawful
prosecution of the activities it conducts under or incidental to this MOU. Anyone conducting
business in the Town of Estes Park is required to have a business license which can be
obtained from the Town Clerk’s Office.
5.3 ADDRESSING UNRESOLVED ISSUES: Any issue of dispute or unresolved differences
between the parties to this Memorandum of Understanding shall be referred to the Executive
Director of the Conservancy and the Town Administrator of the Town of Estes Park for
resolution.
5.4 REVIEW OF PROCEDURES: This Memorandum of Understanding shall be jointly
reviewed by the parties three months prior to end of the original term and any subsequent
term, at which time any extensions or amendments may be discussed.
5.5 RENEGOTIATION: Both parties hereto shall retain the right to renegotiate this
Memorandum of Understanding when internal or unforeseen circumstances create the need
for renegotiation. A thirty-day notice shall be provided by the party requesting renegotiation
to the other party.
5.6 RIGHT TO TERMINATE: Both parties hereto shall retain the right to unilaterally terminate
this Memorandum of Understanding upon thirty days’ written notice to the other party.
5.7 AMENDMENTS: Either party may request amendments to this Memorandum of
Understanding. Any mutually agreed changes, modifications, or revisions to this instrument
will be incorporated into it as an amendment if duly signed by both parties, effective in
accordance with applicable provisions of state and federal law governing activities under
this Memorandum of Understanding.
5.8 TERM: This Memorandum of Understanding shall remain in effect through December 31,
2023. This MOU may be extended beyond that date (see AMENDMENTS, section 5.7,
above) by written request of either party to the other, and subsequent dated amendment
signed by both parties.
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5.9 RENEWAL: Considering variable factors of budget, staffing dynamics, special emphasis
events, external influences, unforeseen future changes in methods of mass communication,
and changing internal priorities, it may be desirable to renew this Memorandum of
Understanding or compose it as a different type of instrument rather than simply amending
it periodically as needed. Both parties agree that renewal should be considered no less often
than every five years, with the first such review and evaluation of this MOU as amended to
occur by December 31, 2026.
5.10 NON-FUND-OBLIGATING DOCUMENT: Except as provided in section 2.4, nothing in
this Memorandum of Understanding shall obligate either party to expend, obligate or transfer
any funds. Specific projects that involve transfer of funds, services, or property require
execution of separate agreements or contracts, and would be contingent upon availability of
specific appropriated funds.
5.11 PROVISIONS CONSTRUED AS TO FAIR MEANING: Any tribunal enforcing this MOU
shall construe its terms as to their fair meaning, and not for or against any party based upon
any attribution to either party.
5.12 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 MOU.
5.13 NO THIRD-PARTY BENEFICIARIES: The parties intend no third-party beneficiaries
under this MOU. Any person besides Town or Conservancy receiving services or benefits
under this MOU is an incidental beneficiary only.
5.14 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 Conservancy’s
and subcontractors’ employees) from the Town's work sites including the Visitor Center.
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.
5.15 WAIVER: No waiver of any breach or default under this MOU shall waive any other or later
breach or default.
5.16 ASSIGNMENT AND DELEGATION: Except as stated, neither party may assign its rights
or delegate its duties under this MOU without the express written approval of the other.
5.17 GOVERNING LAW AND VENUE: The laws of the State of Colorado shall govern
enforcement and interpretation of this MOU. Venue and jurisdiction for any court action
filed regarding this agreement shall be only in Larimer County, Colorado.
5.18 COMPLETE AGREEMENT: There are no other agreements on the same subject than
expressly stated or incorporated in this MOU.
5.19 PRINCIPAL CONTACTS: Principal contacts for this instrument are:
Town: Rob Hinkle, Events and Visitor Services Director
1190 Rooftop Way
Estes Park, Colorado 80517
Conservancy: Esther Rivera Murdock, Executive Director
Rocky Mountain Conservancy
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48 Alpine Circle
Estes Park, Colorado 80517
5.20 EFFECTIVE DATE: This Memorandum of Understanding takes effect upon the date of
signatures of the Town of Estes Park and the Executive Director of the Rocky Mountain
Conservancy.
5.21 AUTHORITY: This instrument forms an agreement only when executed in writing by duly
authorized representatives of Town and Conservancy. By their signatures on this document,
the signatories represent that they have actual authority to enter this Memorandum of
Understanding for the respective parties.
(Signature page to follow.)
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Rocky Mountain Conservancy
By:
Esther Rivera Murdock, Executive Director Date
Town of Estes Park
By:
Wendy Koenig, Mayor Date
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Special Counsel
Page 105
Page 106
TOWN ADMINISTRATOR’S
OFFICE Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jason Damweber, Assistant Town Administrator
Date: October 11, 2022
RE: Resolution 85-22 Supporting Ballot Issue 6E
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER
QUASI-JUDICIAL YES NO
Objective:
Consider a Resolution in support of Ballot Issue 6E, the Estes Park Local Marketing District
ballot issue which, if approved by the voters in the November 8 election, would levy an
additional 3.5% lodging tax to be used to address housing and childcare issues in the Estes
Valley.
Present Situation:
House Bill 22-1117, enacted by the State in March 2022, permits the use of lodging tax revenue
collected by a local marketing district to address local issues related to workforce housing and
childcare. It is up to voters in the local marketing district to decide whether to authorize the use
of lodging tax revenue for these purposes. In light of significant challenges in the Estes Valley
related to the lack of workforce and attainable housing and options for childcare, Visit Estes
Park convened a “Lodging Tax Exploration Task Force” charged with developing
recommendations for the Visit Estes Park Board regarding a potential ballot initiative.
After taking into consideration the recommendations of the Task Force, discussions with
community members, and the findings from a significant amount of research, the Visit Estes
Park Board of Directors recommended pursuing a 3.5% increase over the current lodging tax
by administering a ballot initiative for the voters of the marketing district in November 2022.
After a joint meeting with the Estes Park Board of Trustees and the Larimer County Board of
Commissioners, the Visit Estes Park Board voted to place an initiative on the upcoming ballot
that asks the following:
•SHALL THE ESTES PARK LOCAL MARKETING DISTRICT TAXES BE INCREASED UP TO
$6.3 MILLION ANNUALLY IN THE FIRST FULL FISCAL YEAR AND BY WHATEVER
ADDITIONAL AMOUNTS ARE RAISED ANNUALLY IN EACH SUBSEQUENT YEAR BY THE
LEVYING OF AN ADDITIONAL 3.5% LODGING TAX ON THE PURCHASE PRICE PAID OR
CHARGED FOR ROOMS OR ACCOMMODATIONS WITHIN THE DISTRICT, COMMENCING
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IN 2023 AND CONTINUING THEREAFTER, WITH SUCH REVENUE TO BE COLLECTED
AND USED, TO THE MAXIMUM EXTENT PERMITTED BY THE COLORADO REVISED
STATUTES AS AMENDED, FOR:
o CONSTRUCTION OR PURCHASE OF WORKFORCE HOUSING OR THE PURCHASE
OF LAND TO PROVIDE SITES FOR WORKFORCE HOUSING;
o DEVELOPMENT AND OPERATION OF PROGRAMS TO SUPPORT WORKFORCE
ACCESS TO AFFORDABLE HOUSING; AND
o DEVELOPMENT AND OPERATION OF PROGRAMS TO SUPPORT AFFORDABLE
WORKFORCE CHILDCARE SERVICES;
WITH SUCH FUNDS TO BE COLLECTED BY THE DISTRICT AND TRANSFERRED TO THE
TOWN OF ESTES PARK FOR EXPENDITURE OR INVESTMENT TO SUPPORT THE ABOVE
USES; AND SHALL THE DISTRICT AND TOWN BE AUTHORIZED TO COLLECT, KEEP,
TRANSFER AND SPEND ALL REVENUES RECEIVED IN 2023 AND EACH YEAR
THEREAFTER WITHOUT REGARD TO ANY SPENDING, REVENUE, OR OTHER
LIMITATION IN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY
OTHER STATUTORY LAWS OF THE STATE OF COLORADO?
Residents consistently indicate a desire for the Town to prioritize addressing workforce housing
and childcare needs in the Town’s biennial community survey. During their discussions related
to the development of the 2023 Strategic Plan, the Town Board identified these as areas to
work on in the Plan’s policy statements and goals.
Proposal:
Staff proposes that the Town Board consider a Resolution in support of ballot initiative 6E.
Advantages:
Passage of Ballot Initiative 6E would create a new revenue source dedicated to mitigating the
significant workforce housing and childcare issues faced by workers in the Estes Valley.
Disadvantages:
Increased lodging tax.
Action Recommended:
Consider a Resolution in support of ballot initiative 6E.
Finance/Resource Impact:
To be determined.
Level of Public Interest
High
Sample Motion:
I move for the approval/denial of Resolution 85-22.
Attachments:
1. Resolution 85-22
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RESOLUTION 85-22
A RESOLUTION SUPPORTING ESTES PARK LOCAL MARKETING DISTRICT BALLOT
ISSUE 6E TO LEVY AN ADDITIONAL 3.5% LODGING TAX ON THE PURCHASE PRICE
PAID OR CHARGED FOR ROOMS OR ACCOMMODATIONS WITHIN THE DISTRICT,
WITH SUCH REVENUE TO BE USED FOR WORKFORCE HOUSING AND CHILDCARE
WHEREAS, the Board of Directors of the Estes Park Local Marketing District have
referred Ballot Issue 6E to the voters of the District at the November 8, 2022 General
Election; and
WHEREAS, Ballot Issue 6E would levy an additional 3.5% lodging tax on the
purchase price paid or charged for rooms or accommodations within the District, with such
revenue to be used, to the maximum extent permitted by Colorado Revised Statutes as
amended, for the construction or purchase of workforce housing or the purchase of land to
provide sites for workforce housing; for the development and operation of programs to
support workforce access to affordable housing; and for the development and operation of
programs to support affordable workforce childcare services; and
WHEREAS, such funds would be collected by the Estes Park Marketing District and
transferred to the Town of Estes Park for expenditure or investment to support the above
uses; and
WHEREAS, workforce housing and childcare are critical community needs, as
identified in the 2016 Housing Study and the 2018 Childcare Needs Assessment; and
WHEREAS, a “Yes” vote on Ballot Issue 6E will enable significant investment in these
two critically important areas for our community.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board of Trustees hereby supports the passage of Estes Park Local Marketing
District Ballot Issue 6E and urges the registered voters of the Estes Park Local Marketing
District to vote yes on Estes Park Local Marketing District Ballot Issue 6E.
DATED this _____day of _______________, 2022.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
Attachment 1
APPROVED AS TO FORM:
Special Counsel Page 109
Page 110
PUBLIC COMMENT RECEIVED ON 10/10/2022
Board of Trustees Public Comment
Name: Stephanie A. Pawson
Stance on Item: For
Agenda Item Title: General Public Comment.
Public Comment:
See Attached
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October 10, 2022
Estes Park Town Board Members:
Hello, my name is Stephanie Pawson and I’m a new resident with a family to Estes. My husband was in
attendance last meeting but due to work and childcare neither of us can attend this meeting but would
like to again bring up the safety concerns on peak view drive that continues to Mary’s Lake Road as well.
I received a response the 35 mph speed limit will not be reviewed as this is a collector road while I
disagree and believe that speed is in fact a major safety concern especially as more families move here I
haven’t received a response regarding signage and would like to request this for review.
There is currently NO signage to alert any driver that Peak View Drive has 7 school bus stops, Peak View
Drive is approximately a 1.7-mile stretch. There is no wildlife crossing signage and even during the rut
because of their size we were shocked to hear cars just holding down the horn and swerving for 3
female elk trying to cross
Bill Gleiforst, Traffic Ops Manager for Larimer County did e-mail me with verbatim response…. “We do
place School Bus Stop Ahead signs in advance of stop locations that have limited sight
distance approaching the school bus stop, such as curve or turn or coming over a hill.” “1.0
mile of the road is in the town of Estes and .7 in the county.”
There are 3 curves on the 1.0 mile stretch of the town portion of peak view all 3 currently
have students standing at bus stops. I believe 6 of the 7 if not all the 7 school bus stops are
on the town portion of the road.
During our most recent bus stop pick up we did have to notify police again on 9/30 when a
truck was failing to stop and had to slam on brakes as we waved hands to alert the bus was
at a complete stop, lights flashing and stop arm extended so we could cross the road.
I ask if you will kindly consider in the least signage on this road as there is signage on
Mary’s Lake which peak view continues onto as the bus does, signage on MacGregor,
signage on 34.
Thank You
Stephanie Pawson
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