HomeMy WebLinkAboutPACKET Town Board 2012-07-10
The Mission of the Town of Estes Park is to plan and provide reliable,
high-value services for our citizens, visitors, and employees. We take
great pride ensuring and enhancing the quality of life in our community
by being good stewards of public resources and natural setting.
BOARD OF TRUSTEES - TOWN OF ESTES PARK
Tuesday, July 10, 2012
5:00 p.m.
AGENDA
1. REQUEST TO ENTER EXECUTIVE SESSION:
24-6-402(4)(d) C.R.S. – For discussion of specialized details of security arrangements.
REGULAR MEETING AGENDA
7:00 p.m.
PLEDGE OF ALLEGIANCE.
(Any person desiring to participate, please join the Board in the Pledge of Allegiance).
PUBLIC COMMENT. (Please state your name and address).
TOWN BOARD COMMENTS / LIAISON REPORTS.
TOWN ADMINISTRATOR REPORT.
2. CONSENT AGENDA:
1. Town Board Minutes dated June 26, 2012 and Town Board Study Session Minutes
dated June 26, 2012.
2. Bills.
3. Committee Minutes:
A. Community Development/Community Services, June 28, 2012.
4. Estes Valley Board of Adjustment Minutes dated May 1, 2012 (acknowledgement
only).
3. ACTION ITEMS:
1. FEE WAIVER POLICY. Director Chilcott.
2. ESTES PARK MEDICAL CENTER FEE WAIVER. Director Chilcott.
Prepared 7/1/12
*Revised: 7/6/12
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
3. SUNGARD PROJECT MANAGER CONSULTANT CONTRACT. Superintendent
Fraundorf.
4. TOWN BOARD REIMBURSEMENT POLICY. Town Administrator Lancaster.
4. REQUEST TO ENTER EXECUTIVE SESSION:
For a conference with the Town Attorney for the purpose of receiving legal advice on
specific legal questions under C.R.S. Section 24-6-402(4)(b) – Woodlands Heights Fire /
Rockfall.
5. ADJOURN.
*
Town of Estes Park, Larimer County, Colorado, June 26, 2012
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 26th day of June, 2012. Meeting called to
order by Mayor Pinkham.
Present: William C. Pinkham, Mayor
Eric Blackhurst, Mayor Pro Tem
Trustees Mark Elrod
John Ericson
Wendy Koenig
Ron Norris
John Phipps
Also Present: Frank Lancaster, Town Administrator
Lowell Richardson, Assistant Town Administrator
Jackie Williamson, Town Clerk
Absent: Greg White, Town Attorney
Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so,
recited the Pledge of Allegiance.
PROCLAMATION – ROOFTOP RODEO WEEK.
Mayor Pinkham read a proclamation designating July 10, 2012, through July 15, 2012,
as Rooftop Rodeo Week in Estes Park.
PUBLIC COMMENTS.
Sandy Osterman/Town citizen and Ambassador President stated the Visitor Center was
a central hub during the recent Woodland Heights fire; however, there was little
information provided to the those working at the center to pass on to visitors and
residents.
Scott Dorman/Fire Chief stated the Woodland Heights fire was a fast moving fire that
required firefighters to move out of the way and leave behind fire hoses, which were
subsequently destroyed in the fire. The County has delegated the fire to the Fire
District; is 100% contained and controlled; the majority of the cost to fight the fire was
air support to be paid with federal funds; the area would be patrolled for hot spots; the
area has been reopened to the residents; and thanked the Town of Estes Park for all
the support as this fire was almost entirely in the unincorporated Larimer County.
Adam Shake/Social Media consultant for Visit Estes Park stated the Town’s Facebook
page was accessed by 100s of people trying to obtain information during the recent
Woodland Heights fire. He suggested the Town develop a social media plan.
TOWN BOARD COMMENTS / LIAISON REPORTS.
Trustee Ericson stated Administrator Lancaster, Trustee Norris and he attended the
CML annual conference. The Town would hold a pre-budget meeting on Friday, June
29th from 8:00 a.m. to noon in Rooms 202/203.
Trustee Phipps attended a recent breakfast hosted by the Estes Valley Land Trust at
Hermit Park with a presentation by Keri Rawlins. Thanked the Town employees for
their efforts in providing support to the fire victims.
Trustee Blackhurst thanked all the agencies that supported the Town and the Fire
District during the fire.
Board of Trustees – June 26, 2012 – Page 2
Trustee Koenig commented tickets for the upcoming Rooftop Rodeo can be purchased
online. She too complimented the Town employees and the citizens of Estes Park that
came to the aid of their fellow residents during and after the fire incident.
Trustee Norris stated he attended a CML workshop regarding emergency response,
and commented the State would provide training for community wide planning during an
emergency.
Trustee Elrod reported the Estes Valley Planning Commission met and discussed the
Comprehensive Plan and was informed by John Lanterman/consultant, that a plan
should be updated every 5 to 10 years. The Commission would review and develop a
recommendation on how it should address the Comprehensive Plan.
Mayor Pinkham thanked the community, Town employees and the agencies that came
together to help the evacuees. He toured the burn area with Governor Hickenlooper
during his visit to Estes Park.
TOWN ADMINISTRATOR REPORT.
• The Town and the Fire District mutually agreed to postpone the 4th of July fireworks
display due to current conditions. The display would be rescheduled later once
conditions improve. An alternate celebration would be held at the Fairgrounds at
Stanley Park on the evening of July 4th.
• The fire incident response was exemplary. The air support brought the fire under
control quickly. A debriefing of the event would be held in the near future to discuss
how a future event may be handled and what could be done differently. One area to
address would be communication to those not involved in the incident and how to
better communicate with residents and guests.
• The Town has taken the lead in helping the victims of the Woodland Heights fire
because Larimer County resources are fully engaged with the High Park fire. The
Town continues to work closely with County staff in addressing the next phase of
recovery.
• April sales tax has come in 19.8% higher than April of 2011.
• Pine beetle kill management has been addressed aggressively by the National Park,
including the areas bordering the park and the adjacent Estes Valley. Education
needs to continue on the importance of all citizens of the valley to monitor and
remove beetle kill.
• Tomorrow is Ride Your Bike to Work day and he encouraged everyone to do so.
1. CONSENT AGENDA:
1. Town Board Minutes dated June 12, 2012 and Town Board Study Session
Minutes dated June 12, 2012.
2. Bills.
3. Committee Minutes:
a. Public Safety, Utilities and Public Works Committee, June 14, 2012.
4. Estes Valley Planning Commission Minutes dated May 15, 2012
(acknowledgement only).
5. Audit Committee Minutes dated June 14, 2012 (acknowledgement only).
6. Appointment of Daniel C. Muffly as independent hearing officer – personnel
matter.
It was moved and seconded (Blackhurst/Koenig) to approve the Consent Agenda,
and it passed unanimously.
Board of Trustees – June 26, 2012 – Page 3
2. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or
staff for Town Board Final Action.
1. CONSENT ITEMS:
A. AMENDED SUPPLEMENTAL CONDOMINIUM MAP #1, Streamside
Condominiums on Fall River, 1260 Fall River Road, Diversified
Properties, LLC/Owner.
B. AMENDED CONDOMINIUM MAP, Tranquil Vail Condominiums, 1431
S. St. Vrain Avenue, Units A & B; Martin Koschnitzke & Sonjocondo,
LLC/Owners.
It was moved and seconded (Blackhurst/Norris) to approve the Consent Agenda
subject to the findings and conditions recommended by the Estes Valley Planning
Commission, and it passed unanimously.
3. ACTION ITEMS:
1. 2011 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR). Finance
Officer McFarland presented an overview of the annual financial reporting
process. The auditing firm of Swanhorst & Company, LLC conducted an
independent audit of the Town of Estes Park’s financial statements as of
December 31, 2011 and have expressed an unqualified opinion (clean opinion)
that the financial statements presented fairly, in all material respects, the
financial position of the funds and activities of the Town of Estes Park in
conformity with Generally Accepted Accounting Principles (GAAP). Austin
Bump/Swanhorst & Company, LLC, highlighted two areas to be addressed by
the Town: 1) pursuant to GASB #54 requires the Town to implement new
accounting standards that limit the use of special revenue fund types. It is
recommended the Board approve a formal action to commit the revenues of the
Community Services Fund; and 2) the Town should continue to move toward
centralized policies and procedures to identify and monitor federal
grants/awards, and that ongoing training should be maintained.
Trustee Elrod questioned if the capital assets under “capital assets not being
depreciated”, land and water rights, are booked at the original value, and the
assets are not assumed to be held for government purposes. Mr. Bump stated
the assets are booked at the original purchase price and may be worth more
than the booked value. He also confirmed the assets listed in the CAFR under
this heading are not necessarily held for government use.
After further discussion, it was moved and seconded (Ericson/Koenig) to
approve the CAFR for the year ending December 31, 2011, and it passed
unanimously.
1. VISITOR CENTER AMENDED RETAIL SALES POLICY. Town Administrator
Lancaster presented a revised retail sales policy for the Visitor Center to allow
the display of DVDs at the center promoting Rocky Mountain National Park and
the Estes Park area. Staff recommends the revised policy which would allow
the display/playing of DVDs at the Visitor Center and restrict the retail sales to
items currently listed in the policy.
The Board discussed the policy and comments have been summarized: the
sale of DVDs would be in line with current items sold at the center; the addition
of visual entertainment would add to the visitor experience; Town owned
equipment would allow the Town to control content and the addition of other
artwork; and the Town sells DVDs at other Town owned properties, therefore,
DVDs should be sold at the Visitor Center.
Board of Trustees – June 26, 2012 – Page 4
Mayor Pro Tem Blackhurst stated the current policy has worked and questioned
what the new policy is trying to address. He also stated there are a number of
other local photographers with beautiful images of the community and park that
should be considered.
Nick Molle/Nick Molle Productions and EPTV Channel 8 requested the DVDs
produced by Nick Molle Productions be sold at the Visitor Center, which are
already sold at the Museum and the Nature Association, and requested “Rivers
of the Rockies” be displayed at the Visitor Center.
Those speaking in support of a policy to allow the sales of and display of videos
produced by Nick Molle Productions at the Visitor Center included Marsha
Hobert/Glen Haven resident and local business owner, Tony Bielat/County
resident, Alex Gibson/County resident, Eric Prohs/Town citizen and local
business owner, and Mark Angle/Town citizen.
Adam Shake/Town citizen stated the Town should review three main criteria
when assessing items to be displayed or sold at the Visitor Center including 1)
What are other Visitor Centers policies; 2) Has the Town or the DMO used the
entity in an official capacity; and 3) What is the benefit to the visitors?
It was moved and seconded (Koenig/Norris) to approve the revised Visitor
Center Retail Sales and Display policy to allow the display of DVDs. The
motion was not heard as the amended motion passed.
An amended motion was proposed. It was moved and seconded
(Elrod/Phipps) to approve the revised Visitor Center Retail Sales and
Display policy with an additional bullet point to section 1.2.1 Allowable
Sales to include DVDs featuring the scenic beauty and diversity of the
Estes Park area or that of The Rocky Mountain National Park, which have
been shot, produced, manufactured or otherwise created by local area
artists/residents which are of a quality deemed professional in nature, and
the motion passed with Mayor Pro Tem Blackhurst voting “No”.
Trustee Norris stated the new policy should be revisited in 6 month to review
how it is working and to discuss further criteria for the addition or deletion of
items from the policy.
Mayor Pinkham whereupon he adjourned the meeting at 8:45 p.m.
William C. Pinkham, Mayor
Jackie Williamson, Town Clerk
Town of Estes Park, Larimer County, Colorado, June 26, 2012
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
Board Room in said Town of Estes Park on the 26th day of June, 2012.
Board: Mayor Pinkham, Mayor Pro Tem Blackhurst, Trustees Elrod,
Ericson, Koenig, Norris and Phipps
Attending: All
Also Attending: Town Administrator Lancaster, Assistant Town Administrator
Richardson, and Town Clerk Williamson
Absent: Town Attorney White
Mayor Pinkham called the meeting to order at 4:30 p.m.
BOARD REIMBURSEMENT POLICY.
Town Administrator opened the discussion stating the Town has developed a cell phone
policy to establish policies and procedures regarding the use and cost of wireless
communication devices for Town business that are consistent with IRS regulations and
meets Town standards. IRS regulations state that personal usage of cell phones is
taxable to the employee; and therefore, the Town has developed a cell phone allowance
for those employees required to carry a cell phone for Town business. He suggested
the Town Board could be added to this policy to address the Board’s use of personal
cell phones for Town business. He also stated it is common for communities to
purchase shirts for the Board members.
Board discussion followed with Trustee Elrod stating concern that additional board
compensation would violate the recent Ordinance passed outlining the Board’s
compensation. Mayor Pro Tem Blackhurst stated the Board needs to be in contact with
staff during emergencies and should have multiple ways to be contacted, including a
cell phone. He also stated the Mayor is in constant contact with not only the Town but
PRPA and the Ethics Committee as a representative of the Town, and therefore, should
be reimbursed for the use of his cell phone usage. It was pointed out a Town owned
phone distributed to the Board could only be used for Town business and any personal
use would be taxable, whereas, reimbursement is not taxable. The purchase of Town
logo wear for the Town Board was discussed and seen as de minims. After further
discussion, the Board reached consensus to develop a separate Board policy to
reimburse the Mayor for his cell phone use monthly and allow the purchase of 2 logo
items per Board member per year.
POLICE LOBBY REMODEL.
Staff has evaluated the level of security at the front window reception/window area of
the Police Department and determined the front window is not secure or protected from
penetration and or a violent physical attack. Increasing security at this location is
critical while maintaining customer service, and is considered a high priority for the
Police Department. The design affords increased office space, internal security by the
addition of a “safe passage hallway” for persons in custody, and maintains a safety
zone between prisoners and civilian employees. The original project intended to
address security concerns by providing a bullet proof assembly of walls, glass and
doors to protect the civilian police staff and secure the police area from assault. This
also included extending the walls out to provide for more front reception / records
space. An architect was hired and scoping was completed, identifying several
additional security concerns well exceeding the original budget. Staff proposed the
development of a full set of plans to address the various improvement elements and
phasing of the improvements due to budget constraints; however, completing the eight
Town Board Study Session – June 26, 2012 – Page 2
to ten week project in one phase would be more cost effective and minimize disruption
to staff, operations and customers.
Discussion followed with the Board discussing the project creep; the need for more
through estimates and project scope prior to requesting funding; whether or not to
budget the remodel for 2013 or allocate additional funds in 2012 due to security issues;
to fund the project from the Police budget rather than the CRF because a decrease in
expenditures could cover the additional cost; and the Board would favor completing the
project in one phase.
The Board requested the item be brought forward to the Public Safety, Utilities, and
Public Works Committee with a staff recommendation on how to proceed.
STREET IMPROVEMENT PLAN (STIP)
Director Zurn provided an overview of the road conditions in Estes Park stating the
current average Pavement Condition Index (PCI) is 69, the lower end of fair. Asphalt
has a life expectancy of 20 years with maintenance of roadway ranging from $3- 5 per
square foot for a minor/major (poor pavement condition) overlay to $19 per square foot
for reconstruction of the roadway (failure of roadway). Maintaining roadways in the fair
to good condition reduces the maintenance cost over time.
The Town has historically budgeted $400,000 to $500,000 annual for STIP; however,
the funding has not been adequate to address the deterioration of the Town’s road
system. Staff has forecasted $1 million for ten years to improve the maintenance.
Director Zurn reviewed a list of potential projects including total reconstruction of Dry
Gulch and Stanley Circle. Other project years include roadways clustered together to
package projects and receive better pricing from the contractors by eliminating
mobilization of equipment. The assumption is to overlay as many roadways as possible
to bring the Town’s system into the very good to good category in the next 5 to 10
years. It is estimated the Town could complete 2.5 miles of overlay for a $1 million a
year. A consistent level of funding would aid in the development of a consistent
ongoing maintenance program. Completing all projects at once would require the same
funding 10 to 15 years, thereby creating peaks and valleys in the maintenance program.
With $1 million in funding through 2018 the PCI rating would decrease to 59 (poor) and
funding at the current $400,000 would drop the PCI to 52 (poor) by 2018. Staff
estimates the expenditure of $1.5 million would bring the roadways to a 75 (fair) by
2018.
Finance Officer McFarland provided funding options to fund the STIP depending on
Town needs and goals, including borrowing money through General Obligation Bonds,
Revenue Obligation Bonds, or Certificates of Participation (COPs) if the Board confirms
the need to borrow a large sum of money upfront; pay for improvements through the
budgeting process and spending down fund balance (Catastrophic Loss Fund); take a
question to the voters to increase sales tax by approximately .55% to raise $1 million in
funding; or implement a Street Improvement Fee to fund a Street Utility (Enterprise
Fund) inside town limits.
Board discussion is summarized: a sales tax initiative takes 12 to 14 months to educate
the community prior to the vote; the Town should develop a policy statement outlining
the desired PCI rating for the road system; a net present cost analysis should be
developed for each funding mechanism; a sales tax would be paid by everyone using
the road system including county residents and guests; the Town Board agreed during
budget to use any budget surplus and decrease fund balance to 25% from 30% to fund
road improvements in 2012; infrastructure money set aside for the performing arts
theater could be used to improve the roadways; and COPs could be a good source of
short-term funding. Mayor Pro Tem Blackhurst and Trustee Ericson stated the
Catastrophic Loss Fund should not be included in the fund balance and should be set
aside.
Town Board Study Session – June 26, 2012 – Page 3
Staff stated there are other capital needs to be addressed, including storm water and
drainage needs; therefore, the Board should address all infrastructure needs. The STIP
program only addresses maintenance and does not address capacity improvements.
FUTURE AGENDA ITEMS.
The Board requested a discussion on policies and procedures for the role of the Board
during emergencies at an upcoming study session.
There being no further business, Mayor Pinkham adjourned the meeting at 6:50 p.m.
Jackie Williamson, Town Clerk
Town of Estes Park, Larimer County, Colorado, June 28, 2012
Minutes of a Regular meeting of the COMMUNITY DEVELOPMENT /
COMMUNITY SERVICES COMMITTEE of the Town of Estes Park, Larimer
County, Colorado. Meeting held in Town Hall in said Town of Estes Park on
the 28th day of June, 2012.
Committee: Chair Ericson, Trustees Elrod and Norris
Attending: Chair Ericson, Trustees Elrod and Norris
Also Attending: Town Administrator Lancaster, Assistant Town Administrator
Richardson, Director Chilcott, Managers Winslow, Mitchell,
and Fortini, and Deputy Town Clerk Deats
Absent: None
Chair Ericson called the meeting to order at 8:00 a.m.
In response to a question from Chair Ericson related to Town policies, Town
Administrator Lancaster stated that a systematic inventory of Town policies will be
undertaken to look for gaps and/or redundancy in policy, and subsequently the policies
will be prioritized to be addressed by staff and the Board. A standardized policy format
will be utilized as policies are written and revised, and all policies will be maintained in
one location.
PUBLIC COMMENT.
None
COMMUNITY SERVICES DEPARTMENT.
REPORTS.
Reports provided for informational purposes and made a part of the proceedings.
• Fairgrounds Quarterly Report – Manager Winslow reported that inclement
weather adversely affected the attendance numbers for both the Jazz Fest and
Safety Fair this year. Participation in the Wool Market remained steady, with the
Cowboy Mounted Shooting showing an increase in 2012. New 2nd quarter
events this year included a circus sponsored by the Estes Park DeMolay, which
rented the fairgrounds facility at a rate of $200/day, and Ride the Rockies. Ride
the Rockies included evening events at the fairgrounds and was supported by
numerous local service clubs. Manager Winslow noted that all events are
included on the Town calendar, and that staff works closely with the
Ambassadors and Visit Estes Park to provide accurate event information. Staff
continues to work on Performance Park concerts, Cowboy Sing-Alongs, Bond
Park development plans, and the 100-stall barn project.
• July Event Schedule – The fireworks display traditionally held on July 4th has
been postponed due to extreme fire danger. An alternate celebration is being
planned to include events downtown and at the fairgrounds. July events also
include a fundraiser for victims of the Woodland Heights fire, the Rooftop Rodeo,
a Midsummer Festival in Bond Park, and the Grand Prix Block Party. The
Committee supported honoring statewide firefighters and emergency workers at
upcoming events.
• Board-Level Policy Issues –
o Sales tax collection by vendors at craft fairs and other special events.
o Museum and Senior Center policies will be part of the Town-wide review.
• Verbal Updates – An agreement between the Town and Estes Park Western
Heritage, Inc., is moving forward and is currently being reviewed by Town
Attorney White. The final document will come to the Board for consideration in
Community Development / Community Services – June 28, 2012 – Page 2
late July or early August.
MISCELLANEOUS.
• Managers Fortini and Mitchell have prepared a draft Request for Proposal (RFP)
related to a Senior Center/Museum master plan. The draft RFP will be reviewed
by Director Zurn and Assistant Town Administrator Richardson.
• In the aftermath of the Woodland Heights Fire, the Committee requested that
staff provide feedback related to the public’s concerns and/or questions. One
suggestion heard is to offer community education on preparedness.
• Assistant Town Administrator Richardson introduced Brian Wells who was hired
as the seasonal shuttle coordinator. Mr. Wells stated that during the first
weekend of service 400 riders utilized the shuttles, and noted that positive
feedback was received. He said adjustments are being made to the schedules
and that detailed data will be collected during the season in order to evaluate
individual stops within the system.
• Public Works staff coordinated with Community Development, Special Events,
and Larimer County to place straw bales in the Woodland Heights Fire burn area
to guard against erosion in the event of heavy rain.
COMMUNITY DEVELOPMENT DEPARTMENT.
ESTES PARK MEDICAL CENTER FEE WAIVER.
A Special Review/Location and Extent Review application to construct an MRI addition
has been submitted to the Community Development Department by the Estes Park
Medical Center (EPMC). EPMC is requesting that the $2,000 application fee be waived.
Based on policy adopted in February 2008, the Community Development/Community
Services Committee may approve fee waiver requests of $3,000 or less. The
Committee recommends bringing the fee waiver and the fee waiver policy forward
to the full Board as action items at the July 10th Town Board meeting.
REPORTS.
Reports provided for informational purposes and made a part of the proceedings.
• Community Development Monthly Report – Inspections performed by Building
Division staff have increased to an average of 17 per day in 2012. Code
Compliance staff is focusing on life safety complaints as the highest priority, as
well as determining the status of permits for projects at Mary’s Lake Lodge. A
garage on the Mary’s Lake Lodge property with an undermined driveway was
red-tagged by Building Division; the unit owner and the Lodge owner were
notified and are aware of the need to take action. The Planning Division is
working on Woodland Heights fire erosion control, mapping, and providing
property owners with information needed to rebuild. Staff will be working with the
two new members of the Estes Valley Planning Commission (EVPC) to acquaint
them with current issues. The EVPC continues to discuss the need to update the
comprehensive plan.
• Board-Level Policy Issues –
o Fee Waiver Policy
ADMINISTRATION.
Reports provided for informational purposes and made a part of the proceedings.
• Board-Level Policy Issues – Policies will be part of the Town-wide review.
MISCELLANEOUS.
• Investigation into the cause of the Woodland Heights Fire continues.
• Chair Ericson suggested:
o Giving consideration to a personnel policy that would have Town
employees parking at the transportation hub to free-up downtown parking
Community Development / Community Services – June 28, 2012 – Page 3
spaces for visitors.
o Consideration of term limits for members of Town-appointed Boards.
There being no further business, Chair Ericson adjourned the meeting at 9:37 a.m.
Cynthia Deats, Deputy Town Clerk
RECORD OF PROCEEDINGS
Regular Meeting of the Estes Valley Board of Adjustment
May 1, 2012, 9:00 a.m.
Board Room, Estes Park Town Hall
Board: Chair John Lynch, Members Pete Smith, Bob McCreery, Wayne
Newsom, Jeff Moreau
Attending: Chair Lynch, Smith, McCreery, Newsom, Moreau
Also Attending: Planner Shirk, Recording Secretary Thompson
Absent: None
Chair Lynch called the meeting to order at 9:00 a.m.
The following minutes reflect the order of the agenda and not necessarily the chronological
sequence. There were five people in attendance.
1. PUBLIC COMMENT
None.
2. CONSENT
Approval of minutes of the January 10, 2012 meeting.
It was moved and seconded (McCreery/Moreau) to approve the Consent Agenda as
presented and the motion passed unanimously.
3. LOT 3, NORTH PLATTE RESUBDIVISION, 2130 UPPER HIGH DRIVE
Planner Shirk reviewed the staff report. The applicant requests a variance to Section 4.3,
Table 4-2 “Base Density and Dimensional Standards” of the Estes Valley Development
Code to allow a side yard setback of 9.2 feet in lieu of the 25-foot setback required in the
E-1– Estate zone district. The property owner desires to remove, replace, and expand an
existing deck. The lot is undersized for the zone district, and the home and deck were
built prior to the requirements of setback. Planner Shirk explained the nearest structure is
125 feet away, and the intent of setback regulations would still be met. The application
was submitted to all applicable reviewing agency staff for consideration and comment. No
significant issues or concerns were expressed. Planner Shirk received one phone call
from a neighboring property owner, who supported the variance after receiving additional
information.
Public Comment
Steve Lindberg/applicant stated the property owner desired to expand the deck about two
feet to the south. The variance is requested for the east side, and the deck boundary on
that side will not be changed.
Staff and Board Discussion
Member Newsom stated he would support the variance request as there would be no
adverse affect on the neighboring properties.
Conditions
1. Compliance with the site plan, as approved by the Estes Valley Board of
Adjustment.
2. Setback Certificate. Prior to final inspection, a registered land surveyor shall
provide to the Community Development Department a signed and stamped
certificate that specifically verifies that the structure complies with the approved
variance, and shall include a specific reference to the distance to property lines.
Staff recommends a surveyor set survey stakes for foundation forms to ensure
compliance with the approved variance.
It was moved and seconded (Newsom/ Moreau) to approve the variance request with
the findings and conditions recommended by staff and the motion passed
unanimously.
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment 2
May 1, 2012
4. LOT 26, CARRIAGE HILLS 7TH FILING, 1930 N SHARON COURT
Planner Shirk reviewed the staff report. The applicant requests a variance to Section 4.3,
Table 4-2 “Base Density and Dimensional Standards” of the Estes Valley Development
Code to allow a rear yard setback of 12-feet in lieu of the 15-foot setback required in the
R-Residential zone district. Planner Shirk stated building on this particular lot in Carriage
Hills is difficult. Due to the triangular shape of the lot, the house was built towards the rear
of the lot. There is dedicated open space that adjoins the rear property line, and the
nearest neighbor to the rear is greater than 300 feet away. The application was submitted
to all applicable reviewing agency staff for consideration and comment. No significant
issues or concerns were expressed. The two adjoining neighbors provided letters of
support. Planner Shirk stated the property is not included in the municipal sub-district of
the Northern Colorado Water Conservancy District, which would need to be addressed as
a condition of approval.
Public Comment
Lyle Zimmerman/applicant was in attendance to answer any questions from the Board.
Staff and Board Discussion
None.
Conditions
1. Compliance with the site plan and building design, as approved by the Board of
Adjustment.
2. Prior to issuance of a building permit, applicant shall apply for inclusion in the
Municipal sub-district of the Northern Colorado Water Conservancy District.
This should be coordinated through the Water Department.
3. Setback Certificate. Prior to final inspection, a registered land surveyor shall
provide to the Community Development Department a signed and stamped
certificate that specifically verifies that the structure complies with the approved
variance, and shall include a specific reference to the distance to property lines.
Staff recommends a surveyor set survey stakes for foundation forms to ensure
compliance with the approved variance.
It was moved and seconded (McCreery/Smith) to approve the variance request with
the findings and conditions recommended by staff and the motion passed
unanimously.
5. METES & BOUNDS PARCEL, AKA TRACT 2, HYLAND EXEMPTION, 918
CHRISTMAS TREE LANE
Planner Shirk reviewed the staff report. The applicant requests a variance to Section 4.3,
Table 4-2 “Base Density and Dimensional Standards” of the EVDC to allow a rear yard
setback of 10-foot in lieu of the 50-foot setback required in the RE–Rural Estate zone
district. The purpose of the variance request is to allow a detached 1,100 square foot
detached garage. The lot is an 18-acre parcel, with the south side being very steep. The
location would have no impact on the neighborhood, and the intent of setback standards
would not be compromised. Planner Shirk explained the south property line is adjacent to
Cheley Camp, and the nearest buildings are at least 1,000 feet away. The application
was submitted to all applicable reviewing agency staff for consideration and comment. No
significant issues or concerns were expressed. No neighbor concerns were received by
staff. Staff recommended approval with two conditions.
Public Comment
Bill Miller/applicant was in attendance to answer any questions from the Board.
Staff and Board Discussion
Member Moreau would have appreciated more detail on the plans, specifically where the
proposed garage would be positioned on the lot. Mr. Miller stated the face of the garage
would face the vehicle turn-around.
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment 3
May 1, 2012
Conditions
1. Compliance with the site plan and building design, as approved by the Board of
Adjustment.
2. Setback Certificate. Prior to final inspection, a registered land surveyor shall
provide to the Community Development Department a signed and stamped
certificate that specifically verifies that the structure complies with the approved
variance, and shall include a specific reference to the distance to property lines.
Staff recommends a surveyor set survey stakes for foundation forms to ensure
compliance with the approved variance.
It was moved and seconded (Smith/Newsom) to approval the variance request with
the findings and conditions recommended by staff and the motion passed
unanimously.
6. REPORTS
Planner Shirk asked for feedback from the Board about the recent smaller size of site
plans. Member Newsom stated that aerial photos are helpful. Member Lynch stated that
variance signs at the site need to be visible, and staking of the proposed area was also
important. Member Moreau would appreciate more details on the plans, as stated in his
comments on the Christmas Tree Lane application. This would give the Board a better
indication as to where the existing property line is and how the variance would impact the
lot and the neighboring lots.
There being no further business, Chair Lynch adjourned the meeting at 9:25 a.m.
___________________________________
John Lynch, Chair
___________________________________
Karen Thompson, Recording Secretary
Page 1
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Alison Chilcott, Community Development Director
Date: July 10, 2012
RE: Fee Waiver Policy
Background:
At the June 28th Community Development/Community Services meeting, committee
members requested staff present a re-stated fee waiver policy to Town Board.
The current policy is documented in a series of staff memos, Community Development
Committee meeting minutes, and Town Board minutes between 2002 and 2008.
This policy was last reviewed and amended four years ago, in 2008. A re-stated policy
is attached for Town Board review and action. This is Board-level policy.
Staff requests revision to the policy to allow Community Development staff authority to
approve limited fee waivers, up to $500. Language staff recommends be added and
struck is incorporated into the re-stated policy.
Staff recommends bi-annual review of the policy.
Budget:
Community Development fees waived in 2007 through 2012 are attached.
Recommendation:
I move to approve/deny the re-stated fee waiver policy, with the amended requested by
staff.
Community Development
Memo
COMMUNITY DEVELOPMENT
FEE WAIVER POLICY
SUBJECT: COMMUNITY DEVELOPMENT FEE WAIVER POLICY – TB #1
DATE: JULY 10, 2012
EFFECTIVE PERIOD: Until superseded
REVIEW SCHEDULE: Bi-Annually - May
PURPOSE: To establish a uniform Policy for waiver of Community
Development fees in support of essential community needs.
SCOPE: Applies to Community Development Department fees only.
RESPONSIBILITY: The Community Development Department staff shall be
responsible for implementation of this Policy.
POLICY: It is the policy of the Town Board of Trustees to support essential community
needs such as affordable housing, assisting living, and health care services through
consideration of waiving in-house fees assessed by the Community Development
Department. The Estes Valley Comprehensive Plan is used as a guide in indentifying these
community needs.
The following entities may be exempted from building permit fees, development review
fees, and sign code fees (except for direct expenses incurred in outsourcing):
1. Public funded government construction (federal, state, county, local); including tax
districts/special districts ( e.g. hospital, library, parks and recreation); or
2. Private non-profit organizations providing low-income health and human services or
low-income housing.
The following criteria will be used to qualify private non-profit projects:
a. A critical service is being provided.
b. The permitted project or building will serve or support a currently underserved and
needy segment of the community.
c. The population being served is the general public and is not subject to any pre-
qualification other than a needs based qualification.
TOWN OF ESTES PARK Number: TB #1
BOARD POLICY Page 2 of 2
d. Low-income housing is deed-restricted.
Waiver Request Decision-Making Body
≤$500 per project; or
≤$500 per affordable housing unit
Community Development Director
≤$3,000 per project; or
≤$3,000 per affordable housing unit
>$500 and ≤$3,000 per project; or
>$500 and ≤$3,000 per affordable housing unit
Community
Development/Community Services
Committee
>$3,000 Town Board
It is not the policy of the Town of Estes Park to routinely exempt private, non-profit projects.
These projects may request exemption by submittal of a written request to the Community
Development Department. The decision-making body will hear the request and may choose to
waive fees based on the merits of request.
APPROVAL: _____________________ DATE: _______________________
Mayor William Pinkham
Distribution:
Signed Original/Town Clerk
MONTH
PERMITS
ISSUED
2011
VALUATION
2011
FEES
COLLECTED
2011
FEES WAIVED
2011
PROJECT NAME
FOR WAIVED FEES MONTH
PERMITS
ISSUED
2012
VALUATION
2012
FEES
COLLECTED
2012
FEES WAIVED
2012
PROJECT NAME
FOR WAIVED FEES
January 42 $818,537 $10,659 $11,203 Habitat for Humanity January 41 $595,132 $9,857 $125 EP Library District
February 22 $861,828 $10,483 $0 February 32 $653,004 $6,981 $3,124
The Neighborhood
Black Canyon Inn-permit delay
March 37 $1,119,002 $12,736 $1,530 Transit Hub March 43 $977,105 $17,008 $0
April 40 $651,230 $6,799 $783
Transit Hub &
Community Non-Profit April 35 $895,145 $12,058 $2,338
The Neighborhood
May 55 $1,128,365 $18,033 $5,839 Town Hall Remodel May 47 $1,116,163 $15,582 $727 Moraine Ave Parking Lot
June 44 $780,550 $14,059 $50
EPMC June
July 37 $2,164,558 $27,292 $72 Habitat for Humanity July
August 42 $1,085,383 $16,782 $3,066
The Neighborhood
Attainable Housing ($2,936)
&
Homeowner Waiver of
Expired Permit Fee
August
September 39 $845,076 $12,022 $1,233
UTSD Project
Senior Center
Cherokee Draw September
October 56 $938,862 $14,741 $0 October
November 32 $389,465 $6,642 $0 November
December 53 $1,121,422 $14,451 $0 December
THROUGH THIS
MONTH LAST
YEAR 196 $4,578,962 $58,710 $19,355 YEAR TO DATE 198 $4,236,549 $61,486 $6,314
% Change from
2011 1% -7% 5%
2011 TOTALS 499 $11,904,278 $164,699 $23,776
2012
TOWN OF ESTES PARK BUILDING PERMIT SUMMARY
2011
Note‐ Permit fees are not always paid in the same month the permits are issued.
Fees Reported: Plan review, building permit
Permit total does not include Grading or Floodplain permits.
2007 2008 2009 2010 2011
Number Issued 562 593 372 419 499
% change from
previous year 21% 6% -37% 13% 19%
Valuation $31,086,880 $35,473,383 $15,255,616 $11,233,978 $11,904,278
% change from
previous year -26% 14% -57% -26% 6%
Fees Collected $345,545 $287,648 $149,877 $155,535 $164,699
% change from
previous year 4% -17% -48% 4% 6%
Fees Waived $11,916 $42,972 $26,909 $8,599 $23,776
2007 $0
2008 $6,030,855
2008 $7,527,906
2009 $3,026,716
2009 $2,829,397
2010 $2,223,256
2010 $1,936,936
2011 $250,000
2012
FIVE-YEAR TREND
PROJECTS WITH SIGNIFICANT VALUATION OR COMMUNITY IMPORTANCE
None
Our Lady of the Mountains Catholic Church
Estes Park Medical Center
Marys Lake Road Bridge (county project)
Stanley Park Grandstands
None YTD
Safeway Remodel
Safeway Fueling Facility & Hail Damage Roofing
Safeway Pharmacy Remodel
Page 1
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Alison Chilcott, Community Development Director
Date: July 10, 2012
RE: Estes Park Medical Center Fee Waiver
Background:
The Estes Park Medical Center (EPMC) has submitted a special review/location and
extent review application to construct an MRI addition. EPMC is requesting waiver of
the $2,000 application fee.
The current fee waiver policy gives the Community Development/Community Services
Committee decision-making authority to waive this fee. In accordance with recent past
practice, the Committee has forwarded the waiver request to Town Board for final
action.
Budget:
General Fund Revenue: Charges for Services — Application Fees - Inside
Account #: 101-1600-341.30-00
$2,000 in reduced revenue.
Community Development/Community Services Committee Recommendation
I move to approve/deny requested fee waiver.
Community Development
Memo
Utilities Department Action
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Reuben Bergsten, Utilities Director
Alan Fraundorf, Utilities Superintendent
Date: July 10, 2012
RE: SunGard Project Manager Consultant Contract
Background:
In early 2011, the Town approved moving forward with replacement of our current
financial system (SunGard Naviline) to the current SunGard product, OneSolution. The
upgrade will allow increased productivity and work efficiency in many areas, including
much improved payroll handling, budget preparation, and permit processing. Through
exceptional contract negotiations, the total cost of ownership for five years was
projected to be less than the total spent with the old system.
Following is a recap of the significant activities regarding this project:
• July 2010 – Town staff discussions with several software vendors.
• November 2010 – Contract signed with SunGard.
• March 2011 – Town staff worked with SunGard for initial business analysis,
primarily around Community Development.
• Fall 2011 – Town acquired new servers to use with SunGard OneSolution
product ($55,000).
• Fall/Winter 2011 – Community Development staff began working with SunGard
to understand the new tool and configuration aspects.
• February 2012 – New staff member (Fraundorf) identified significant impacts to
the other Town departments, including the need for a full-time project manager to
guide the efforts.
• March 2012 – Town department heads appraised of the overall project impacts
and needs.
• March 2012 – Successful kickoff meeting with 20 Town staff to begin identifying
all business processes within the Town.
• April 2012 – Town business processes are gathered. Next steps will include
identifying the data involved, the systems involved, and the staff involved with
each business process.
• May 2012 – The need for a dedicated Project Manager was discussed with the
Town Board. An RFP was formally published.
• June 2012 – One response to the RFP for a Project Manager was received.
Current Status/Request
The response to the RFP is from a local resident, Don Widrig. His experience and
knowledge for this effort exceeds the RFP requirements.
This project is very similar to a large construction project.
An early step is to hire an architect, to determine the requirements, design the structure
and components, and develop the specifications. In the SunGard project, a majority of
2012 will be in a design mode. Don Widrig would be the “architect”. His initial role will
include determining the business processes we require, the data we require, and who
does what (including who should do what in the future).
As in construction, the next large component is to develop a project plan, including who
will do what and when, gain concurrence from the participants, and proceed with the
tasks. We envision much of this effort to occur in 2013.
A paramount goal will be to maximize the effectiveness of our existing valuable assets,
the SunGard system and our staff, to best serve the Town, including the customers,
vendors, and guests.
There will be a steering team established, consisting of senior Town leaders, to
routinely provide assistance and guidance toward the effort. The overall project sponsor
will be Town Administrator Lancaster. There will be a formal project charter finalized, to
ensure clear expectations of the overall project goals and expectations of the
participants.
Recap: Why Are We Doing This?
• We will replace technology which is over twenty years old.
• We will be able to provide superior service for our customers, visitors, and staff.
• We will reduce the sneaker-net traffic between departments for staff and
customers.
• We will improve the reputation and integrity of our organization by streamlining
our business processes, utilizing modern day technology.
• We will have improved tools, including inquiry and reporting tools, to manage the
business with data-driven decisions.
• We will be able to leverage the talents of the staff and minimize low-value
activities.
• We will have a permitting system which is stable.
For 2012, we will spend a maximum $50,000 for the project management effort. We
would stop or slow the 2012 efforts at a logical point, if required for financial reasons.
We are recommending the funds be allocated 80% from IT's fund balance and 20%
from the 2012 Utilities' GIS capital project funds.
Budget:
10%, 502-7001-580.33-33 DATA PROCESSING EQUIPMENT (Total 2012 budget:
$40,000)
10%, 503-7000-580.35-54 WATER SYSTEM (Total GIS 2012 budget: $40,000)
80%, 625-2500-425.26-32 DATA PROCESSING SOFTWARE This is an unbudgeted
item. The Information Technology Department's fund balance will be used
(available fund balance $215,918). Approving this contract will require
appropriating additional funds which will occur through in the annual
Supplemental Budget Appropriation Resolution brought forward in December.
Staff Recommendation:
Staff recommends approving the contract.
Sample Motion:
I move to approve/deny the contract and 2012 expenditures for the SunGard Project
Manager.
20120710 TB Action-Sungard PM-2-Agreement page 1 of 7
Town of Estes Park
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES (this “Agreement”) is made and entered
into this ____ day of July 2012, by and between the Town of Estes Park, County of Larimer, State of
Colorado (the “Town”) and Don Widrig an independent contractor (“Consultant”).
WHEREAS, the Town requires professional services related to: SunGard Project;
WHEREAS, Consultant has held itself out to the Town as having the requisite expertise and
experience to perform the required services;
NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of
which are hereby acknowledged, the parties hereto agree as follows:
I. SCOPE OF SERVICES
A. Consultant shall furnish all labor and materials required for the complete and prompt
execution and performance of its duties, obligations, and responsibilities (the “Work”) which are
described or reasonably implied in the Consultant’s proposal dated June 11, 2012, and the original
“Request for Proposal, May 30, 2012”, both attached hereto and incorporated herein by this reference as
Exhibit A.
B. No material change to the Scope of Services, including any additional compensation, shall
be effective or paid unless authorized by written amendment executed by the Town. If Consultant
proceeds without such written authorization, then Consultant shall be deemed to have waived any claim
for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit
or implied contract. Except as expressly provided herein, no agent, employee, or representative of the
Town is authorized to modify any term of this Agreement, either directly or implied by a course of action.
II. REPORTS, DATA, AND WORK PRODUCT
A. The Town shall provide Consultant with reports and such other data as may be available
to the Town and reasonably required by Consultant to perform the Scope of Services. All documents
provided by the Town to Consultant shall be returned to the Town. Consultant is authorized by the Town
to retain copies of such data and materials at Consultant's expense.
B. Other than sharing information with designated third parties as previously directed by the
Town, no project information shall be disclosed by Consultant to third parties without prior written
consent of the Town or pursuant to a lawful court order directing such disclosure.
C. The Town acknowledges that the documents created by Consultant for the Project,
including but not limited to drawings, designs, specifications, reports, and incidental work or materials
(the “Work Product”), are instruments of professional service. Nevertheless, copies of the Work Product
shall be provided to the Town and other contractors and subcontractors shall be authorized to use and
reproduce applicable portions of the Work Product that are appropriate to use in the execution of their work
related to the Project. The Work Product shall become the property of the Town upon completion of the
Work. Consultant, however, shall retain its rights in its standard drawing details, designs, specifications,
databases, computer software and any other proprietary property and all rights to any intellectual property
developed, utilized, or modified in the performance of the Work.
D. Consultant shall provide to the Town electronic versions of the Work Product or document
the progress of the RFP's Scope of Services in the format directed by the Town’s RFP.
20120710 TB Action-Sungard PM-2-Agreement page 2 of 7
III. COMPENSATION AND FINAL SETTLEMENT
A. In consideration for the completion of the Work by Consultant, the Town shall pay
Consultant an amount equal not to exceed 50 thousand, 0 hundred and 00/100 ($50,000) based on
hourly work performed at $100 per hour. The amount specified herein shall include the fees and
expenses anticipated to be incurred by Consultant in performing all services hereunder, as described in
Exhibit A. The amount specified herein shall exclude the fees and expenses anticipated to be incurred
by others in performing the work described in Exhibit A.
B. If, on the basis of the Town’s observation of the Work and the Town's review of the final
invoice and accompanying documentation as required by this Agreement, the Town is satisfied that the
Work has been completed and Consultant’s other obligations under this Agreement have been fulfilled,
the Town will, within forty-five (45) days after receipt of the final invoice pay the amount due. Otherwise,
the Town will return the invoice to Consultant, indicating in writing the reasons for refusing to schedule
final settlement, in which case Consultant shall make the necessary corrections and resubmit the invoice.
IV. COMMENCEMENT AND COMPLETION OF WORK
Within seven days of receipt of a Notice to Proceed, Consultant shall commence work as set forth
in the Scope of Services or that portion of such work as is specified in said Notice. Except as may be
changed in writing by the Town, the Scope of Services shall be complete as provided in Exhibit A.
V. PROFESSIONAL RESPONSIBILITY
A. Consultant hereby warrants that he is qualified to perform the Work.
B. The Work shall be performed by Consultant in accordance with generally accepted
professional practices and the level of competency presently maintained by other practicing
professionals performing the same or similar type of work in the Denver metro area. The Work shall be
done in compliance with applicable federal, state, and local laws, ordinances, rules and regulations.
C. Consultant shall be responsible for the professional quality, technical accuracy, timely
completion, and the coordination of all designs, drawings, specifications, reports, and other services
furnished by Consultant under this Agreement. Consultant shall, without additional compensation,
correct or resolve any errors or deficiencies in its designs, drawings, specifications, reports, and other
services, which fall below the standard of professional practice.
D. Approval by the Town of drawings, designs, specifications, reports, and incidental work or
materials furnished hereunder shall not in any way relieve Consultant of responsibility for technical
adequacy of the work. Neither the Town's review, approval, or acceptance of, nor payment for, any of
the Work shall be construed to operate as a waiver of any rights under this Agreement or of any cause of
action arising out of the performance of this Agreement.
E. Consultant hereby agrees that Consultant shall not have a financial relationship with or an
ownership interest in any person and/or entity which entity and/or person shall be the recipient of any
contract or work for the project supervised by Consultant pursuant to the terms and conditions of this
Agreement. Consultant understands and agrees that the purpose of this provision is to prevent any
information created as a result of Consultant’s services herein being used by any person and/or entity in
the preparation of any bid or performance of any work for the project. Consultant understands and
agrees that the Town is relying upon the independent judgment of Consultant with regard to the services
provided herein.
F. Because the Town has hired Consultant for its professional expertise, Consultant agrees
not to employ subcontractors or any other person to perform any of the work required under the Scope of
Services.
20120710 TB Action-Sungard PM-2-Agreement page 3 of 7
VI. INSURANCE
As a self-employed individual, the Consultant is not required to provide any insurance.
VII. INDEMNIFICATION
Consultant agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers,
representatives, agents, employees and assigns from and against all claims, liability, damages, losses,
expenses and demands, including attorney's fees, on account of injury, loss, or damage, including, without
limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or
damage, which arise out of the negligent act, omission, error, professional error, mistake, negligence, or
other negligent fault of Consultant.
VIII. TERMINATION
This Agreement shall terminate at such time as the Work is completed and the requirements of
this Agreement are satisfied, or upon the Town's providing Consultant with seven (7) days advance
written notice, whichever occurs first. If the Agreement is terminated by the Town's issuance of written
notice of intent to terminate, the Town shall pay Consultant the reasonable value of all work previously
authorized and completed prior to the date of termination. If, however, Consultant has substantially or
materially breached this Agreement, the Town shall have any remedy or right of set-off available at law
and equity. If the Agreement is terminated for any reason other than cause prior to completion of the
Work, any use of documents by the Town thereafter shall be at the Town's sole risk, unless otherwise
consented to by Consultant.
Nothing herein shall constitute a multiple fiscal year obligation pursuant to Colorado Constitution,
Article X, Section 20. Notwithstanding any other provision of this Agreement, the Town’s obligations
under this Agreement are subject to annual appropriation by the Town Board of the Town. Any failure of
the Town Board annually to appropriate adequate monies to finance the Town’s obligations under this
Agreement shall terminate this Agreement at such time as such then-existing appropriations are to be
depleted. Notice shall be given promptly to Consultant of any failure to appropriate such adequate
monies.
IX. CONFLICT OF INTEREST
The Consultant shall disclose any personal or private interest related to property or business
within the Town. Upon disclosure of any such interest, the Town shall determine if the interest
constitutes a conflict of interest, including Section V-E. If the Town determines that a conflict of interest
exists, the Town may treat such conflict of interest as a default and terminate this Agreement.
X. INDEPENDENT CONTRACTOR
Consultant is an independent contractor. Consultant shall make no representation that he is a Town
employee for any purposes.
XI. MISCELLANEOUS
A. Governing Law and Venue. This Agreement shall be governed by the laws of the State of
Colorado, and any legal action concerning the provisions hereof shall be brought in Larimer County,
Colorado.
B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches
of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this
Agreement.
20120710 TB Action-Sungard PM-2-Agreement page 4 of 7
C. Integration. This Agreement and any attached exhibits constitute the entire Agreement
between Consultant and the Town, superseding all prior oral or written communications.
D. Third Parties. There are no intended third-party beneficiaries to this Agreement.
E. Notice. Any notice under this Agreement shall be in writing, and shall be deemed
sufficient when directly presented or sent pre-paid, first class United States Mail, addressed as follows:
The Town: Town of Estes Park
Alan Fraundorf, Utilities Superintendent
PO Box 1200
Estes Park, CO 80517
970-577-3580
Consultant: Don Widrig
328 Overlook Ct
Estes Park, CO 80517
(970) 586-8926
F. Severability. If any provision of this Agreement is found by a court of competent
jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain
in full force and effect.
G. Modification. This Agreement may only be modified upon written agreement of the
parties.
H. Assignment. Neither this Agreement nor any of the rights or obligations of the parties
hereto, shall be assigned by either party without the written consent of the other.
I. Governmental Immunity. The Town, its officers, and its employees, are relying on, and do
not waive or intend to waive by any provision of this Agreement, the monetary limitations (presently one
hundred fifty thousand dollars ($150,000) per person and six hundred thousand dollars ($600,000) per
occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental
Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its
officers or employees.
J. Rights and Remedies. The rights and remedies of the Town under this Agreement are in
addition to any other rights and remedies provided by law. The expiration of this Agreement shall in no
way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted,
for work negligently or defectively performed.
K. Binding Effect. The Town and Consultant each bind itself, its successors and assigns to
the other party to this Agreement with respect to all rights and obligations under this Agreement. Neither
the Town nor Consultant shall assign or transfer its interest in this Agreement without the written consent
of the other.
L. Attorney Fees. In the event of default of any of the provisions of this Agreement by either
party which shall require the party not in default to commence legal actions against the defaulting party,
the defaulting party shall be liable to the non-defaulting party for the non-defaulting party’s reasonable
attorney fees and costs, including fees of experts, incurred because of the default.
M. Default. In the event that either party hereto fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, the non-defaulting party shall give
the defaulting party written notice of the default, the nature of the default, and of the steps necessary to
cure the default.
20120710 TB Action-Sungard PM-2-Agreement page 5 of 7
For any breach deemed by the non-defaulting party to constitute a material breach, the defaulting
party is required to cure the breach within five (5) calendar days upon receipt of written notice. For any
breach deemed by the non-defaulting party to constitute a non-material breach, the defaulting party is
obligated to cure such breach within ten (10) calendar days upon receipt of written notice. However, if
the nature of the non-material breach requires more than ten (10) days to cure, the defaulting party shall
have thirty (30) days to diligently pursue and complete a cure.
In addition to any other available legal or equitable rights or remedies, if the default is not cured
within the time periods described above, the non-defaulting party may terminate this Agreement by giving
written notice thereof to the defaulting party, setting forth the effective date thereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first set
forth above.
OWNER: CONSULTANT:
TOWN OF ESTES PARK, COLORADO ____________________________
By: ______________________________
Mayor
ATTEST:
By: ______________________________
Town Clerk
(SEAL)
20120710 TB Action-Sungard PM-2-Agreement
Exhibit A
The following sections from the June 11, 2012 “Response to Estes Park Request for Proposal
ERP Project Manager” shall supersede any corresponding RFP sections and be included in the
agreement.
Section I, Scope of Services
Section IV, Commencement and Completion of Work
Section XI, Government Furnished Equipment (GFE)
Attached, as part of Exhibit A are:
The Consultants Proposal dated June 11, 2012
The Original Request for Proposal dated May 30, 2012
Response to
Estes Park Request For Proposal
ERP Project Manager
Submitted by
Don R Widrig
328 Overlook Ct
Estes Park, Colorado 80517
(970) 586-8926
dwidrig@alum.mit.edu
Submittal Due Date: 11 June 2012
Request for Proposal, ERP Project Manager
Don Widrig RFP for ERP Project Manager Page 2 of 10
Table of Contents
Introduction ...................................................................................................................................................................... 3
Scope of Services ............................................................................................................................................................. 3
Tasks ............................................................................................................................................................................. 3
Deliverables .................................................................................................................................................................. 5
Preliminary Approach, Methods, Overall Strategic Plan ................................................................................................. 5
Overall Strategic Plan ................................................................................................................................................... 5
Proposed Schedule ........................................................................................................................................................ 6
Qualifications and Experience .......................................................................................................................................... 7
Personnel .......................................................................................................................................................................... 7
Other Information ............................................................................................................................................................. 8
Section I, Scope of Services ......................................................................................................................................... 8
Section II, Reports, Data, and Work Product ............................................................................................................... 8
Section III, Compensation and Final Settlement .......................................................................................................... 8
Section IV, Commencement and Completion of Work ................................................................................................ 8
Section V, Professional Responsibility ........................................................................................................................ 8
Section VI, Insurance ................................................................................................................................................... 8
Section XI, Miscellaneous ............................................................................................................................................ 9
Government Furnished Equipment (GFE) ................................................................................................................... 9
Exhibit A – Statement of Widrig Technical Qualifications ............................................................................................ 10
Request for Proposal, ERP Project Manager
Don Widrig RFP for ERP Project Manager Page 3 of 10
Introduction
The business climate is changing at an ever increasing rate. Every day, we are exposed to new and different
opportunities to re-engineer old ways of doing things and new ways of doing new things that were not
even imagined just a short while ago. Businesses are right in the crosshairs of this rapid technological
evolution and the Town of Estes Park is no exception.
The business problem that is often encountered is the problem of being left behind and being stuck with
old and inefficient ways of doing business. A quick look at the Town’s business operations quickly reveals
that the Town has been struggling with trying to be more efficient in conducting the Town’s business but,
at the same time, trying to become more efficient using antiquated tools and procedures. For example, the
Town-wide information processing base, the Sungard system, has its roots in technology that was
practiced 15-20 years ago. It’s essentially impossible to move into modern business practices with obsolete
technology and related business processes.
However, it’s not about failures in technology. In the modern world, it’s easy to focus on the hardware and
software of a business and overlook the most import factor which is the business processes. In fact, the cost
of hardware and software has slipped from being the predominant factor in business planning simply
because both hardware and software have become commodities. Along with falling prices of hardware and
software, new opportunities abound for supporting modern business practices. In other words, modern
best practices can now start by determining the optimum desired way of conducting a business and only
then researching the best hardware and software tools to support these desired practices.
It’s not an easy thing to understand. For many years, the answer to information problems was to simply
buy more hardware and software to patch problems in handling the information flow in our modern
businesses. However, studies conducted at large organizations such as GTE, TRW, IBM, and HP have
shown that errors in understanding the real problems have astonishingly negative effects later on. These
studies, confirmed many times over many disciplines, show that there can be as much as a 200:1 ratio in
the cost savings by carefully understanding what the problems and requirements are versus the cost of lost
opportunity and maintenance problems later on1. This response to the Town’s RFP focuses not on buying
yet more hardware/software to patch up a sinking ship but, instead, on understanding the needs of the
Town and then planning on how to achieve those needs in the best and most cost effective manner.
Scope of Services
Tasks
This response characterizes the RFP as an “information gathering” and “planning” project. That is, the
project needs to identify the Town’s current business and information processing practices, supporting
technologies, and to determine ways and methods for improving the Town’s ability to handle its
information in order to support its mission well into the 21st century. It is only in later follow-on projects
that this information will be used to derive specific business processes, procurement, implementations,
testing, training, etc.
The tasks to be performed in such a project will include:
1. Overall execution of the project in order to deliver timely and complete determination of the
current status of the Town’s business processes and technological support of the processes. In
1 See Widrig, Don, and Dean Leffingwell. Managing Software Requirements. Boston, MA. Addison-Wesley, 1999. Ch 1.
See also Davis, Alan M. Software Requirements: Objects, Functions, and States. Englewood Cliffs, NJ: Prentice-Hall, 1993.
Request for Proposal, ERP Project Manager
Don Widrig RFP for ERP Project Manager Page 4 of 10
addition, analysis and recommendations must be closely integrated and an overall plan for moving
forward will be prepared.
2. Management of changes that inevitably occur during the project’s execution. In this context, we
must consider change as a good thing since it represents corrections and improvements to the
overall understanding and planning of the business processes.
Of course, we must always remember that all of the business processes are parts of a larger
business system. As in all system engineering, it is vital that the parts mesh nicely and any changes
that are considered must always be considered in the light of the larger system interactions. Too
many projects run into trouble when an apparently minor change to some part of the system
suddenly reveals unexpected and troublesome system behavior in apparently unrelated areas.2
3. Analysis and understanding of the multiplicity of the data elements involved in the conduct of the
Town’s business. This task will inevitably determine that certain data elements in the current
business processes are not as they should be and may need to be improved in some manner. The
task will also create the need for new data elements as well. The data elements will be defined,
understood, and mapped as to data creators and data consumers. See the Deliverables section
(below) for an amplification of these data elements.
4. Analysis and understanding of the business processes used in the conduct of the Town’s business
and recommendations for improvements and additions to these processes. Along the way, the
business processes must be mapped to the creators and consumers of the processes and appropriate
documentation of these processes created. A plan for disseminating, maintaining, and training in
these processes is required. A five-step business analysis will be used3:
a. Step 1: Gain Agreement on the Problem Definition. This is an important step. Failure to
agree on what the problem/process is will invariably lead to the “Ready, Fire, Aim”
syndrome.
b. Step 2: Understand the Root Causes. This is commonly referred to as finding the “problem
behind the problem”.
c. Step 3: Identify the Stakeholders and the Users. This step is closely tied to the
determination of the data elements involved in the business process of interest.
d. Step 4: Define the Solution System Boundary. This step is where we define a process,
system, or solution that completely addresses the problem at hand. We don’t want to “boil
the ocean” here but we also want to make sure we have the business problem solution
defined as completely as necessary.
e. Step 5: Identify the Constraints to be Imposed on the Solution. Is this solution
economically feasible? Can the users understand and accept it? Are there technology or cost
issues that impose limitations or constraints?
5. Various and timely progress reports and briefings for stakeholders, steering committees, Town
Trustees and staff, and management personnel will be required. Stakeholder participation on a
continuing basis is essential.
6. Organization of information gathering, planning, and feedback meetings is essential so that
information can be acted upon in a timely manner and, yet, not unduly interfere with the on-going
operation of the Town. It should be stressed that the determination of the requirements for the
business processes and accompanying technology is the single most important task in the project.
2 See Widrig, Don, and Dean Leffingwell. Managing Software Requirements. Boston, MA. Addison-Wesley, 1999. Ch 6.
3 Ibid. Ch 4.
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Don Widrig RFP for ERP Project Manager Page 5 of 10
Deliverables
As the various analyses and other tasks are executed, it is important to document and inform stakeholders,
steering committees, Town Trustees and staff, and management personnel as to what’s going on. The
deliverables will include:
1. Periodic written progress reports of a narrative nature
2. Periodic formal and informal briefings
3. A complete and accurate Data Element Dictionary (DED) that documents all the information
elements required by the Town’s business processes. For each data element, the DED will include:
a. Who creates the data element?
b. What does the data element and related sub-elements look like? Note that this considers
both hardware elements (e.g., computers, terminals, networks, etc) and software elements
(e.g., SunGard systems, purpose-specific applications, documents, etc)
c. Assessment of the quality of the data element. Does this data element need improvement?
How will it be improved?
d. Who has overall responsibility for the data element?
e. Which business processes depend on that data element and how is it to be documented both
in and of itself and in the context of a business process?
4. Budgetary/resource/schedule estimates for follow-on business improvements including
documentation, training, technology acquisition, and personnel
5. Detailed recommendations on reconfiguration of existing technology and business equipment
6. Summary reports on changes/improvements to the existing business processes and technology
7. A documentation plan for the creation, implementation, dissemination, and maintenance of all
Town business processes. Note that the process descriptions themselves are NOT to be created
here; only a plan for their creation is contemplated as the deliverable.
8. A final project plan detailing the next steps to be taken after this project is completed
Preliminary Approach, Methods, Overall Strategic Plan
Overall Strategic Plan
The key to any technical business analysis is communication. As that great philosopher Yogi Berra said,
“You can learn a lot by observing”. The general plan for the project is:
1. Establish a beachhead of operations. This will be discussed in the Government Furnished
Equipment section below.
2. Introduce the project expectations and timelines to the various stakeholders and other activities
having direct relations to the Town operations. This will include:
a. Administration – Frank Lancaster
b. Administrative Services – Jackie Williamson
c. Community Development – Alison Chilcott
d. Community Services – Lowell Richardson
e. Finance – Steve McFarland
Request for Proposal, ERP Project Manager
Don Widrig RFP for ERP Project Manager Page 6 of 10
f. Public Works – Scott Zurn
g. Utilities – Reuben Bergsten
h. Public Safety/Police – Wes Kufeld
i. Municipal Court – Gary Brown
j. Town Trustees & Mayor – Bill Pinkham
k. Town Attorney – Greg White
l. Estes Valley Fire Protection District – Scott Dorman/Sue Doylen
m. Larimer County Manager
n. If required and appropriate, other interactions may be necessary with other entities such as
the Library District, Hospital District, etc. For example, the Library District uses Town
personnel for their accounting needs. Thus, some portion of the Library District will
necessarily have certain business interactions with the Town and must be accounted for.
These interactions will be handled as the need arises.
3. The primary method of operation will be detailed interactions with the various stakeholders
mentioned above. A mixture of interviews, “bull sessions”, brainstorming sessions, and other
techniques will be used. Further details on these techniques may be found in Managing Software
Requirements4.
4. As the project evolves, deliverables as mentioned above will be prepared at appropriate times.
Proposed Schedule
At the present time, we are in the position of the blind men feeling the elephant. That is, it’s hard to tell just
exactly how big this project might be. Nevertheless, it is necessary to make some preliminary estimates as
to the time involved. This very preliminary schedule is based on the following assumptions:
1. The Project Manager will work full time on the project and will work diligently on the project for a
minimum of 40 hours per week.
2. Access to all the stakeholders, especially the ones mentioned above, will generally be without
significant delay.
3. Regular and scheduled briefings will be conducted including formal progress reports to the Town
Trustees. Extraneous “dog and pony shows” will be held to a very bare minimum.
4. Due to contractual limitations, it is expected that significant completion of major items should be
accomplished by the end of the calendar year.
Based on the above assumptions, the preliminary project timeline is as follows, where ANTP is interpreted
as After Notice To Proceed:
1. Establish the project beachhead (Project Office): 1 week ANTP
2. Preliminary contact with all stakeholders completed: 3 weeks ANTP
3. Detailed business analysis begins with all stakeholders: 3 weeks ANTP
4. Preliminary reports and deliverables, including DED, completed: 24-26 weeks ANTP
5. Review and adjustment of all deliverables complete: 28-30 weeks ANTP
6. Periodic progress reports and deliverables: throughout
4 See Widrig, Don, and Dean Leffingwell. Managing Software Requirements. Boston, MA. Addison-Wesley, 1999.
Team Skill 2.
Request for Proposal, ERP Project Manager
Don Widrig RFP for ERP Project Manager Page 7 of 10
Qualifications and Experience
Don Widrig has been involved with computers and high-tech electronic systems for over 46 years. His
technical qualifications are included in this response as Exhibit A. A glance at these past achievements
shows that he is uniquely positioned to lead a Town effort in modernizing their business processes by
utilizing modern business practices. Indeed, he literally “wrote the book” on this type of work.
He has lived in Estes Park for about 15 years and has been active in many community activities. Simply
put, he knows how the community works and how to get things done in the community. As evidence of
his ability to get things done, he created and became the father of the successful campaign in 2009 to create
the Estes Valley Fire Protection District, a successful effort in contrast to two previous unsuccessful efforts.
Similarly, he created and led a successful campaign in 2004 to increase the mill levy for the Library District
that resulted in increased operating revenues leading to the success the Library enjoys in our community
today. Also, in 2004, he led a Town group in eliciting the requirements for the CVB website.
Don is on a first name basis with all of the department leaders in the Town and has enjoyed successful
projects with several of these individuals.
He has donated a major portion of his time to the technical improvements in such community activities as:
1. Creating and implementing a membership database for the Noon Rotary Club
2. Creating and implementing the master database for the entire Duck Race
3. Creating and implementing an operations database for Crossroads Ministry
4. Creating and implementing the integrated operations and payroll database for the Rocky
Mountain Transit system
5. Creating and implementing the Salud donor database
6. And others. (References available on request.)
All of the community activities required analysis of the existing business processes and the design,
development, and implementation of custom relational database systems to fulfill the business needs.
Personnel
In contrast to traditional methods for this type of project, this response proposes to take a different
approach. Simply put, this response proposes to lead the Town personnel into a role of defining their own
needs and concerns under the direction of the Project Manager. That is, instead of having a mass of outside
people trying to understand the Town’s operations, this project proposes to have Town personnel act as
their own subject matter experts. After all, who better knows how the Town operates than the people who
do the work? This approach has the huge additional benefit in that it encourages the Town employees to
buy into the project and not become outsiders.
Consider an orchestra. There are many players contributing to the overall sound of the orchestra but it
takes one conductor to manage and oversee the activities. That’s what this response proposes. Other than
the occasional outside tasks such as preparing reports, arranging for meetings, etc, this proposal does not
contemplate the need for any subcontractors or outside technical support. Essentially all work on the
project comes from the Project Manager.
This proposal does not suggest that Town personnel will be required to contribute noticeable amounts of
their time to mere support activities. However, it is expected that the Town personnel will contribute their
experience in their individual areas of expertise as the business processes are analyzed, created, and
reviewed and future plans are defined.
Request for Proposal, ERP Project Manager
Don Widrig RFP for ERP Project Manager Page 8 of 10
Other Information
This response includes the following comments on the proposed Agreement for Professional Services that
was included in the RFP as Attachment #1. This proposal assumes that the Town’s RFP review team will
discuss these matters further before a Notice To Proceed is issued.
Section I, Scope of Services
This response describes a different set of requirements regarding the provision for project materials as
outlined in Section 1.A of the Agreement exhibited in the RFP. Further details of this matter may be found
in the Government Furnished Equipment section of this response (below).
Section II, Reports, Data, and Work Product
Section II.A requires the return of all Town-provided materials upon completion of the project. It is likely
that certain materials will be supplied to the Project Manager in electronic form by the Town stakeholders.
Return of these electronic materials is unfeasible. Instead, at the Town’s discretion, this response proposes
to certify that all materials are either returned or deleted from the Project Manager’s files.
Section III, Compensation and Final Settlement
Instead of the compensation plan outlined in Section III.A, this response proposes compensation according
to the plan outlined in the sealed Schedule of Rates envelope (included with the response submittal).
Section IV, Commencement and Completion of Work
This response proposes the commencement of work on the project beginning not later than the award and
Notice To Proceed or the completion of setup of the Government Furnished Equipment (below), whichever
is later.
Section V, Professional Responsibility
This response proposes to offer proof of a satisfactory Town Business License not later than seven days
following the award and Notice To Proceed.
Section VI, Insurance
The RFP suggests the incorporation of several insurance items to be required of the successful bidder. This
response proposes to take exception to these insurance items as follows:
• Worker’s compensation insurance with minimum limits of $500,000 for each accident, $500,000 for
disease. This response certifies that adequate personal health insurance already exists for the Project
Manager and, therefore, no worker’s compensation is required. There are no other third party
workers proposed in this response, so no other such insurance is required.
• Commercial liability insurance with minimum limits of one million dollars. This response certifies
that the Project Manager already has one million dollars of personal liability insurance. No
commercial liability insurance is proposed in this response. There are no other third party workers
proposed in this response, so no other such insurance is required.
• Professional liability insurance with minimum limits of one million dollars. This response certifies
that the Project Manager already has one million dollars of personal liability insurance. No
professional liability insurance is proposed in this response. There are no other third party workers
proposed in this response, so no other such insurance is required.
Request for Proposal, ERP Project Manager
Don Widrig RFP for ERP Project Manager Page 9 of 10
The Project Manager is prepared to offer suitable evidence of adequate insurance according to the above
remarks, upon request by the Town.
Section XI, Miscellaneous
Per Section XI.E, notices, payments, and correspondence for this project should be sent to:
Don Widrig
328 Overlook Ct
Estes Park, CO 80517
(970) 586-8926
dwidrig@alum.mit.edu
Per Section XI.L(i), upon receipt of award and Notice To Proceed, the Project Manager will offer
satisfactory proof of compliance with C.R.S. §8-17.5-101(1) for the pilot employment verification program
regarding illegal aliens, upon Town request.
Government Furnished Equipment (GFE)
As mentioned several times in this response, communication is the key to a successful project. Accordingly,
this response proposes the establishment of a Project Office within the Municipal Building that acts as the
central hub for all project activities. This proposal envisions the Town supplying the following facilities
(GFE) at no charge to the Project Manager:
1. Office/conference space. The small office between the Network Services office on the first floor and
the Admin offices would be perfect and offer the advantage of easy communication with most of
the Town stakeholders. This office should be lockable and a key checked out to the Project
Manager.
2. 50-60 square feet of whiteboard surface in the Project Office. This can easily and cheaply be
achieved by using two 4x8 panels of white shower board obtained from Estes Park Lumber for
about $60.
3. A standard desk and chair for the desk
4. A small conference table, probably about the size of a card table. Two chairs to go with the
conference table.
5. A phone connected to the Town’s phone system, including a Town phone directory
6. A desktop computer, keyboard, mouse, and two monitor screens of not less than 17”diagonal
measurement
7. A small personal printer for low volume use (laser or inkjet is fine, color or B&W is fine)
8. Direct electronic access to a high-volume B&W printer for production of occasional high-volume
materials.
9. An internet connection into the Town’s intranet and well as the Web
10. Access to normal office supplies, including whiteboard markers and erasers
11. Occasional access to a somewhat larger conference room supporting data projection capabilities
and Town intranet access as well as Web access
12. Access to the Project Office through the Municipal Building on a 7/24 basis
13. Provisions for sending/receiving limited volumes of mail/fax at some location within the
Municipal Building and available on a 7/24 basis
Request for Proposal, ERP Project Manager
Don Widrig RFP for ERP Project Manager Page 10 of 10
Exhibit A – Statement of Widrig Technical Qualifications
Don R. Widrig 328 Overlook Ct
Founder, SnapRead LLC; VP Engineering, SnapRead product Estes Park, CO 80517
B.S.E.E., MIT, 1965 Cell: (970) 481-4690
Married, two adult children Email: dwidrig@alum.mit.edu
Mr. Widrig has over forty-six years of progressive experience in a variety of R&D, management, leadership, and
problem solving positions, all involving high technology computer-based systems, primarily of a specialized nature.
He is an experienced system architect and designer, manager, requirements detective, and leader, trainer, and
consultant to a variety of high technology companies.
Current Experience
Founder and VP Engineering of a startup company, SnapRead LLC, developing a product, SnapRead, which is a Web
2.0 product focusing on directed searches via automated context extraction and collaborative networking. SnapRead is
a new product that helps users search for more relevant information more quickly. SnapRead offers three new features
that are seamlessly integrated into the user’s search experience and deal with a number of the problems described
above: 1) the ability to quickly see relevant dates of the selected search result pages, 2) a short summary of the key
concepts and words found on the Web pages, and 3) a community-based personal user rating of the usefulness of the
Web pages.
Selected Work Highlights
Part of an Estes Group consulting team advising a very large pharmaceutical firm on changing over to an Enterprise-
wide computer information system (SAP). Interviewed many key stakeholders and formulated a significant series of
cost reduction measures to help minimize transition costs.
Co-author of two very successful and definitive technical books in the Addison-Wesley Object Technology Series,
Managing Software Requirements, 1st Edition and 2nd Edition (4+ star rating on Amazon.com)
Director of Development of a web-based startup offering a new type of people-search for people with any type of
Web presence. The system was successfully developed entirely in Europe using Agile development techniques and
was deployed in Canadian datacenters. Overseas development, deployment, and management necessitated new
innovative techniques to maintain communications and continuity with all parties to the project. Considerable
attention paid to daily goal achievement and project management. Considerable data and operations integration
planning in order to accommodate all forms and formats of an enormous amount of Web data.
Instructor for Rational Software’s requirements management college and RequisitePro product tool training. Lead
developer of requirements management curriculum, product-training materials, company white papers, and continuing
research efforts. Principal consultant engaged in applying requirements management principles to various company's
specific application development environment. Extensive application integration.
Lead developer for a new way for Microsoft to engage top management of their top 40 global clients in Microsoft’s
Executive Briefing Center (EBC) located in Redmond, WA. Very successful engagements based on a highly
interactive workshop environment to draw out customer problems and needs.
Contract Product Development
VP Operations, Divisional VP/GM, Director of Engineering
Prime implementer in transforming a contract product development company into a $10 million integrated operation
over a 4-year period. Extensive experience in establishing, controlling, and managing concurrent engineering
operations for product specification, design, and development in consumer products, life-critical medical products,
nationwide real-time data acquisition/networking systems, entertainment park attractions, educational support
systems, and specialized high-performance computer systems. Oversaw the transition to primary development efforts
aimed at critical medical products. Principal driver behind structured software design (Yourdon), walkthroughs,
reviews, Verification and Validation, and processes.
Built and participated in a high-performance, goal-directed team of direct management reports. Major innovator in the
on-going definition of the research and development efforts required to be more efficient at the art of effectively
building products to meet client's requirements and expectations.
Town Of Estes Park RFP for ERP Project Manager Page 1 of 15
Town of Estes Park, Utilities Department
REQUEST FOR PROPOSAL
FOR
ERP PROJECT MANAGER
TOWN OF ESTES PARK
UTILITIES DEPARTMENT
170 MacGregor Avenue
PO BOX 1200
Estes Park, CO 80517
Distribution/Advertisement: Wednesday, May 30, 2012
Deadline for Submittal: 4:30pm on Monday, June 11, 2012
Town Of Estes Park RFP for ERP Project Manager Page 2 of 15
Table of Contents
INTRODUCTION ............................................................................................................. 3
SCOPE OF SERVICES .................................................................................................. 3
SUBMITTAL FORMAT AND CONTENT ......................................................................... 3
Submittal Cover ........................................................... 3
Table of Contents ......................................................... 3
Cover Letter .............................................................. 4
Methods and Strategic Plan ................................................ 4
Qualifications and Experience ............................................. 4
List of Personnel ......................................................... 4
Other Information ......................................................... 4
Schedule of Rates ....................................................... 4
Pre-submittal Meeting (n/a) ............................................... 5
Submittal Evaluation ...................................................... 5
Selection Process ......................................................... 5
Submittal Schedule ........................................................ 5
Submittal Deadline and Project Manager .................................... 5
Public Disclosure ......................................................... 6
TERMS AND CONDITIONS ............................................................................................ 6
Right to Reject Submittals ................................................ 6
Work By Illegal Aliens Prohibited. ........................................ 6
Addenda ................................................................... 7
Town Of Estes Park RFP for ERP Project Manager Page 3 of 15
INTRODUCTION
The Town of Estes Park ("the Town") is a Colorado statutory town.
The Town is seeking Project Manager consulting service proposals for the implementation of a Town-wide
Information Technology Enterprise Resource Planning (ERP) system.
It is anticipated that the contract for the project will include all services listed in the Scope of Services.
SCOPE OF SERVICES
Tasks may include, but not necessarily limited to, the following:
To lead and direct:
1. Project execution
2. Change management efforts
3. Data mapping and data scrubbing efforts
4. Business analysis techniques, business process change, and business process mapping
5. Produce and present progress and other management reports
6. Organize and facilitate meetings
Other Factors:
• Will require significant interaction with Town of Estes Park staff (in Estes Park, Colorado)
• Full to part-time – subject to annual appropriations per Town contract
This person's core duties will include the following: develop a detailed project plan; lead efforts to
document the current and proposed business processes; document and resolve all data
dependencies/issues; lead change management activities; plan and direct system configuration; plan all
training; plan and direct all other implementation tasks.
Other services to be determined.
SUBMITTAL FORMAT AND CONTENT
All respondents are required to follow the format specified below. The contents of the submittal must be
clear, concise, and complete. Respondents shall base their submittals on the "Scope of Services."
Submittal Cover - Include the Request for Proposal (“RFP”) title, submittal due date, and your
principal contact information (name, address, telephone and fax numbers, and e-mail address).
Table of Contents - Include a complete and clear listing of headings and pages to allow easy
reference to key information.
Town Of Estes Park RFP for ERP Project Manager Page 4 of 15
Cover Letter - The cover letter should be brief (two pages maximum) and any changes to the format
or deletions of requested materials should be explained in the cover letter. Please include the following in
your cover letter:
1. Describe why your firm considers itself to be best qualified to master the project and perform the
work required.
2. Describe how the delivery of services will be provided, including the location of the consultant’s
office(s) and the response time to our requests.
3. Describe those conditions, constraints, or problems that are unique to the scope of work that may
adversely affect either the cost or work progress.
4. If you are proposing to joint-partner with another principal firm, the cover letter must specify the
type of services to be provided by each firm.
Methods and Strategic Plan - Describe your preliminary approach, methods and plan to carry
out the Scope of Services. Describe the anticipated interaction with the Town's staff. Provide an outline of
your anticipated schedule for completing the scope of work beginning with issuance of a Notice to
Proceed.
Qualifications and Experience - The successful consultant will have references to support
their experience in managing ERP installations and services including:
• The consultant’s experiences in the past fifteen (15) years specifically related to the Scope of
Services
• A successful track record of implementing a wide-scale IT solution (e.g. SAP, Peoplesoft, Oracle,
JD Edwards)
• Detail and task oriented
• Superior communication skills
List of Personnel - This list should include:
1. Identification of the contact person with primary responsibility for this contract.
2. Résumés for each professional and technical person assigned to the contract, including partners
and/or sub-consultants (if any). The résumés shall include at least two previous assignments
relative to this type of Scope of Services. The persons listed will be considered as committed to
the project.
Other Information - This section shall contain all other pertinent information regarding this
submittal in the following order:
Schedule of Rates – The respondent shall provide two Schedules of Rates in a sealed envelope.
The first schedule will be titled "Schedule of Personnel Rates" and will include the titles and hourly rates of
all team members assigned to this contract including all joint venture partner(s) and sub consultants, if
any.
The second schedule will be titled "Schedule of Task-Related Rates" and include the items listed in the
Scope of Services, title(s) of the personnel responsible for the work and the blended hourly rate.
Town Of Estes Park RFP for ERP Project Manager Page 5 of 15
Example of "Schedule of Task Related Rates"
Line Number from Scope of
Services
Position Titles Blended Hourly Rate
#1, Lead and Direct Project
Execution
Senior Project Manager (PM) Senior PM rate $/hr
#2, Lead and Direct Change
Management Activities
Senior Project Manager (PM)and
Business Analyst (BA)
16hrs*PM Staff rate $/hr +
1hr*BA rate $/hr
Pre-submittal Meeting (n/a)
There will be no pre-submittal meeting for this RFP. If there are any questions, please contact Alan
Fraundorf, Town of Estes Park Utilities Superintendent, using the contact information listed below in the
“Submittal Deadline and Project Manager” section below.
Submittal Evaluation
Submittals received by the Town will be evaluated according to the criteria listed below:
1. Conformance to the specified RFP format
2. Organization, presentation, and content of the submittal
3. Specialized experience and technical qualifications of the consultant, including principal firms,
joint venture partners (if any), and sub consultants (if any) relative to the types of service required
in the Scope of Services
4. Project manager or primary project team leader having a minimum of five (5) years of relevant
ERP experience
5. Proposed method(s) for interfacing with the Town of Estes Park staff
Selection Process
A pre-selection team will review the proposals and "short-list" the most qualified firms/teams, utilizing the
evaluation criteria listed above.
Of the short-listed proposals further references and interviews may be requested. After confirming the
qualifications of each firm/team, their schedule of rates will be opened. Based on the tabulation and
analysis the Town will recommend a consultant for approval by the Town Board.
Submittal Schedule
The solicitation, receipt, and evaluation of submittals and the selection of the provider of consultant
services will conform to the following schedule. (Note: Dates are subject to change.)
Distribution/Advertisement Wednesday, May 30, 2012
Deadline for Submittal of Proposals 4:30pm, Monday, June 11, 2012
Submittal Review and Short list
Selection
Contract Negotiation
Board Approval
Notice to Proceed
Submittal Deadline and Project Manager
One (1) original hard copy and one (1) digital copy of the proposal shall be delivered by the
Town Of Estes Park RFP for ERP Project Manager Page 6 of 15
deadline no later than 4:30 P.M. to:
Alan Fraundorf
Estes Park Utilities Superintendent
170 MacGregor Avenue, Suite 100
PO BOX 1200
Estes Park, CO 80517
Incomplete submittals, incorrect information, or late submittals shall be cause for
disqualification. Copies received by FAX shall NOT be deemed received.
Public Disclosure
As a general rule, all documents received by the Town are considered public records and will
be made available for public inspection and copying upon request. If you consider any
documents submitted with your response to be proprietary or otherwise confidential, please
submit a written request for a determination of whether the documents can be withheld from
public disclosure no later than five (5) business days prior to the due date of your response. If
you do not obtain a determination of confidentiality prior to the submittal deadline, any
document(s) submitted will be subject to public disclosure.
TERMS AND CONDITIONS
Right to Reject Submittals
Issuance of this RFP does not commit the Town to award a contract, to pay any costs incurred
in the preparation of a response to this request, or to procure a contract for services. All
respondents should note that the execution of any contract pursuant to this RFP is dependent
upon the approval of The Town's Board of Trustees.
The Town retains the right to reject any submittals for any reason. Selection is also dependent
upon the negotiation of mutually acceptable contract with the successful respondent. A sample
agreement is attached hereto as Attachment 1. Each submittal must be valid for not less than
one-hundred-twenty (120) days from the date of receipt.
Work By Illegal Aliens Prohibited.
a. Consultant certifies that it does not knowingly employ or contract with an
illegal alien and that Consultant has participated or attempted to participate in the basic
pilot employment verification program as defined in C.R.S. § 8-17.5-101(1) (“Program”)
in order to verify that it does not employ illegal aliens.
b. Consultant shall not knowingly employ or contract with an illegal alien to
perform work under the proposed agreement or enter into a contract with a
subcontractor that fails to certify to Consultant that the subcontractor shall not knowingly
employ or contract with an illegal alien to perform work under the proposed agreement.
Town Of Estes Park RFP for ERP Project Manager Page 7 of 15
c. Consultant hereby certifies that it has verified or attempted to verify
through participation in the Program that Consultant does not employ any illegal aliens
and, if Consultant is not accepted into the Program prior to entering into the proposed
agreement, that Consultant shall apply to participate in the Program every three (3)
months until Consultant is accepted or the agreement has been completed, whichever is
earlier.
d. Consultant is prohibited from using Program procedures to undertake
pre-employment screening of job applicants while the proposed agreement is being
performed.
e. If Consultant obtains actual knowledge that a subcontractor performing
work under the proposed agreement knowingly employs or contracts with an illegal
alien, Consultant shall be required to:
(i) notify the subcontractor and the Town within three (3) days that
Consultant has actual knowledge that the subcontractor is employing or
contracting with an illegal alien; and
(ii) terminate the subcontract with the subcontractor if within three (3)
days of receiving the notice required pursuant to this subparagraph the
subcontractor does not stop employing or contracting with the illegal alien;
except that Consultant shall not terminate the contract with the subcontractor if
during such three (3) days the subcontractor provides information to establish
that the subcontractor has not knowingly employed or contracted with an illegal
alien.
f. Consultant shall comply with any reasonable request by the Colorado
Department of Labor and Employment (“Department”) made in the course of an
investigation that the Department is undertaking pursuant to the authority established in
C.R.S. Article 17.5.
g. If Consultant violates this paragraph, the Town may terminate the
proposed agreement for breach of contract. If the agreement is so terminated,
Consultant shall be liable for actual and consequential damages to the Town.
Addenda
Addenda to this RFP will be posted on The Town's website at www.Estes.org , under the Administration
Department's "Requests for Proposals". It shall be the responsibility of all prospective respondents to
check the website for any possible addenda.
ATTACHMENTS AND EXHIBITS:
Attachment 1 Sample Agreement
Attachment 1, Sample Agreement, Town of Estes Park
Town Of Estes Park RFP for ERP Project Manager Page 8 of 15
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES (“Agreement”) is made and
entered into this ____ day of ____,_ 20##, by and between the Town of Estes Park, County of
Larimer, State of Colorado (“Town”) and Consultant Name Here, an independent contractor
(“Consultant”).
WHEREAS, the Town requires professional project management services related to the
ERP Project Manager; and
WHEREAS, Consultant has held itself out to the Town as having the requisite expertise
and experience to perform the required project management services;
NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency
of which are hereby acknowledged, the parties hereto agree as follows:
I. SCOPE OF SERVICES
A. Consultant shall furnish all labor and materials required for the complete and
prompt execution and performance of its duties, obligations, and responsibilities (“Work”) which
are described or reasonably implied in the Consultant’s proposal dated XXXXX, which is
provided as Exhibit A (and the original “Request for Proposal, DATE”), attached hereto as
Exhibit B and both incorporated herein by this reference.
B. No material change to the Scope of Services, including any additional
compensation, shall be effective or paid unless authorized by written amendment executed by
the Town and the Consultant. If Consultant proceeds without such written authorization, then
Consultant shall be deemed to have waived any claim for additional compensation, including a
claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as
expressly provided herein, no agent, employee, or representative of the Town is authorized to
modify any term of this Agreement, either directly or implied by a course of action.
II. REPORTS, DATA, AND WORK PRODUCT
A. The Town shall provide Consultant with reports and such other data as may be
available to the Town and reasonably required by Consultant to perform the Scope of Services.
All documents provided by the Town to Consultant shall be returned to the Town. Consultant is
authorized by the Town to retain copies of such data and materials at Consultant's expense.
B. Other than sharing information with designated third parties as previously
directed by the Town, no project information shall be disclosed by Consultant to third parties
without prior written consent of the Town or pursuant to a lawful court order directing such
disclosure.
C. The Town acknowledges that the documents created by Consultant for the
project, including but not limited to drawings, designs, specifications, reports, and incidental
work or materials (“Work Product”), are instruments of professional service. Nevertheless,
Attachment 1, Sample Agreement, Town of Estes Park
Town Of Estes Park RFP for ERP Project Manager Page 9 of 15
copies of the Work Product shall be provided to the Town and other contractors and
subcontractors shall be authorized to use and reproduce applicable portions of the Work Product
that are appropriate to use in the execution of their work related to the Project. The Work Product
shall become the property of the Town upon completion of the Work. Consultant, however, shall
retain its rights in its standard drawing details, designs, specifications, databases, computer
software and any other proprietary property and all rights to any intellectual property developed,
utilized, or modified in the performance of the Work.
D. Consultant shall provide to the Town electronic versions of the Work Product in
the format directed by the Town.
III. COMPENSATION AND FINAL SETTLEMENT
A. In consideration for the completion of the Work by Consultant, the Town shall
pay Consultant an amount equal to the firm-fixed price extended in Exhibit A, which is X
thousand, X hundred and 00/100 ($00,000). The amount specified herein shall include the
fees and expenses anticipated to be incurred by Consultant in performing all services
hereunder, as described in Exhibit A. The amount specified herein shall exclude the fees and
expenses anticipated to be incurred by others in performing the work described in Exhibit A.
B. If, on the basis of the Town’s observation of the Work and the Town's review of
the final invoice and accompanying documentation as required by this Agreement, the Town is
satisfied that the Work has been completed and Consultant’s other obligations under this
Agreement have been fulfilled, the Town will, within forty-five (45) days after receipt of the final
invoice pay the amount due. Otherwise, the Town will return the invoice to Consultant,
indicating in writing the reasons for refusing to schedule final settlement, in which case
Consultant shall make the necessary corrections and resubmit the invoice.
IV. COMMENCEMENT AND COMPLETION OF WORK
Within seven (7) days of receipt of a Notice to Proceed, Consultant shall commence
work as set forth in the Scope of Services or that portion of such work as is specified in said
Notice. Except as may be changed in writing by the Town, the Scope of Services shall be
complete and Consultant shall furnish the Town the specified deliverables as provided in
Exhibit A.
V. PROFESSIONAL RESPONSIBILITY
A. Consultant hereby warrants that it is qualified to perform the Work, holds all
professional licenses required by law to perform the Work, and has all requisite corporate
authority to enter into this Agreement.
B. The Work shall be performed by Consultant in accordance with generally
accepted professional practices and the level of competency presently maintained by other
practicing professional firms performing the same or similar type of work in the Denver metro
area. The Work shall be done in compliance with applicable federal, state, and local laws,
ordinances, rules and regulations.
C. Consultant shall be responsible for the professional quality, technical accuracy,
timely completion, and the coordination of all designs, drawings, specifications, reports, and
other services furnished by Consultant under this Agreement. Consultant shall, without
Attachment 1, Sample Agreement, Town of Estes Park
Town Of Estes Park RFP for ERP Project Manager Page 10 of 15
additional compensation, correct or resolve any errors or deficiencies in its designs, drawings,
specifications, reports, and other services, which fall below the standard of professional
practice.
D. Approval by the Town of drawings, designs, specifications, reports, and
incidental work or materials furnished hereunder shall not in any way relieve Consultant of
responsibility for technical adequacy of the work. Neither the Town's review, approval, or
acceptance of, nor payment for, any of the Work shall be construed to operate as a waiver of
any rights under this Agreement or of any cause of action arising out of the performance of this
Agreement.
E. Consultant hereby agrees that Consultant, including but not limited to, any
employee, principal, shareholder, or affiliate of Consultant, shall not have a financial
relationship with or an ownership interest in any person and/or entity which shall be the
recipient of any contract or work for the project designed by Consultant pursuant to the terms
and conditions of this Agreement. Consultant understands and agrees that the purpose of this
provision is to prevent any information, created as a result of Consultant’s services herein,
being used by any person and/or entity in the preparation of any bid or performance of any work
for the project. Consultant understands and agrees that the Town is relying upon the
independent judgment of Consultant with regard to the services provided herein.
F. Because the Town has hired Consultant for its professional expertise, Consultant
agrees not to employ subcontractors to perform more than twenty percent (20 %) of the work
required under the Scope of Services. Upon execution of this Agreement, Consultant shall
furnish to the Town a list of proposed subcontractors, and Consultant shall not employ any
subcontractor to whose employment the Town reasonably objects. All contracts between
Consultant and subcontractors shall conform to this Agreement including, but not limited to,
Section XI, L.
VI. INSURANCE
A. Consultant agrees to procure and maintain, at its own cost, a policy or policies of
insurance sufficient to insure against all liability, claims, demands, and other obligations
assumed by Consultant pursuant to this Agreement. Such insurance shall be in addition to any
other insurance requirements imposed by law.
B. Consultant shall procure and maintain, and shall cause any subcontractor of
Consultant to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurers acceptable to the Town.
In the case of any claims-made policy, the necessary retroactive dates and extended reporting
periods shall be procured to maintain such continuous coverage.
1. Worker's compensation insurance to cover obligations imposed by
applicable law for any employee engaged in the performance of work under this
Agreement, and employer's liability insurance with minimum limits of five hundred
thousand dollars ($500,000) each accident, five hundred thousand dollars ($500,000)
disease – policy limit, and five hundred thousand dollars ($500,000) disease – each
employee. Evidence of qualified self-insured status may be substituted for the worker's
compensation requirements of this paragraph.
2. Commercial general liability insurance with minimum combined single
limits of one million dollars ($1,000,000) each occurrence and two million dollars
Attachment 1, Sample Agreement, Town of Estes Park
Town Of Estes Park RFP for ERP Project Manager Page 11 of 15
($2,000,000) general aggregate. The policy shall be applicable to all premises and
operations. The policy shall include coverage for bodily injury, broad form property
damage (including completed operations), personal injury (including coverage for
contractual and employee acts), blanket contractual, independent contractors, products,
and completed operations. The policy shall contain a severability of interest provision,
and shall be endorsed to include the Town and the Town's officers and employees as
additionally insured. No additional insured endorsement shall contain any exclusion for
bodily injury or property damage arising from completed operations.
3. Professional liability insurance with minimum limits of one million dollars
($1,000,000) each claim and one million dollars ($1,000,000) general aggregate.
C. Any insurance carried by the Town, its officers, its employees, shall be excess
and not contributory insurance to that provided by Consultant. Consultant shall be solely
responsible for any deductible losses under any policy.
D. Consultant shall provide to the Town a certificate of insurance, completed by
Consultant's insurance agent, as evidence that policies providing the required coverages,
conditions, and minimum limits are in full force and effect. The certificate shall identify this
Agreement and shall provide that the coverages afforded under the policies shall not be
cancelled, terminated, or materially changed until at least thirty (30) days prior written notice
has been given to the Town. The Town reserves the right to request and receive a certified
copy of any policy and any endorsement thereto.
E. Failure on the part of Consultant to procure or maintain the insurance required
herein shall constitute a material breach of this Agreement upon which the Town may
immediately terminate this Agreement; or at its discretion, the Town may procure or renew
any such policy or any extended reporting period thereto and may pay any and all premiums
in connection therewith, and all monies so paid by the Town shall be repaid by Consultant to
the Town upon demand, or the Town may offset the cost of the premiums against any
monies due to Consultant from the Town.
VII. INDEMNIFICATION
Consultant agrees to indemnify and hold harmless the Town and its officers, insurers,
volunteers, representatives, agents, employees and assigns from and against all claims, liability,
damages, losses, expenses and demands, including attorney's fees, on account of injury, loss, or
damage, including, without limitation, claims arising from bodily injury, personal injury, sickness,
disease, death, property loss or damage, which arise out of the negligent act, omission, error,
professional error, mistake, negligence, or other negligent fault of Consultant, any
subcontractor of Consultant, or any officer, employee, representative, or agent of Consultant or
of any subcontractor of Consultant, or which arise out of any workmen's compensation claim of
any employee of Consultant or of any employee of any subcontractor of Consultant. In any and
all claims against Town or any of its officers, insurers, volunteers, representatives, agents,
employees or assigns, by any employee of Consultant, any subcontractor of Consultant, anyone
directly or indirectly employed by any of them or anyone for whose act any of them may be liable,
the indemnification obligation under this Section VII shall not be limited in any way by any
limitation on the amount or type of damages, compensation or benefits payable by or for
Consultant or any subcontractor under worker’s compensation actions, disability benefit acts or
other employee benefit acts. In the event it becomes necessary for the Town to bring any action
to enforce any provision of this Agreement or to recover any damages the Town may incur as a
result of the breach of this Agreement, including, but not limited to, defective work, and the Town
Attachment 1, Sample Agreement, Town of Estes Park
Town Of Estes Park RFP for ERP Project Manager Page 12 of 15
prevails in such litigation, Consultant shall pay the Town its reasonable attorneys’ fees as
determined by the court.
VIII. TERMINATION
This Agreement shall terminate at such time as the Work is completed and the
requirements of this Agreement are satisfied, or upon the Town's providing Consultant with
seven (7) days advance written notice, whichever occurs first. If the Agreement is terminated
by the Town's issuance of written notice of intent to terminate, the Town shall pay Consultant
the reasonable value of all work previously authorized and completed prior to the date of
termination. If, however, Consultant has substantially or materially breached this Agreement,
the Town shall have any remedy or right of set-off available at law and equity. If the Agreement
is terminated for any reason other than cause prior to completion of the Work, any use of
documents by the Town thereafter shall be at the Town's sole risk, unless otherwise consented
to by Consultant.
Nothing herein shall constitute a multiple fiscal year obligation pursuant to Colorado
Constitution, Article X, Section 20. Notwithstanding any other provision of this Agreement, the
Town’s obligations under this Agreement are subject to annual appropriation by the Town
Board of the Town. Any failure of the Town Board annually to appropriate adequate monies to
finance the Town’s obligations under this Agreement shall terminate this Agreement at such
time as such then-existing appropriations are to be depleted. Notice shall be given promptly to
Consultant of any failure to appropriate such adequate monies.
IX. CONFLICT OF INTEREST
The Consultant shall disclose any personal or private interest related to property or
business within the Town. Upon disclosure of any such interest, the Town shall determine if the
interest constitutes a conflict of interest, including Section V-E. If the Town determines that a
conflict of interest exists, the Town may treat such conflict of interest as a default and terminate
this Agreement.
X. INDEPENDENT CONTRACTOR
Consultant is an independent contractor. Notwithstanding any other provision of this
Agreement, all personnel assigned by Consultant to perform work under the terms of this
Agreement shall be, and remain at all times, employees or agents of Consultant for all
purposes. Consultant shall make no representation that it is a Town employee for any
purposes.
XI. MISCELLANEOUS
A. Governing Law and Venue. This Agreement shall be governed by the laws of
the State of Colorado, and any legal action concerning the provisions hereof shall be brought in
Larimer County, Colorado.
B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or
breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms
or obligation of this Agreement.
Attachment 1, Sample Agreement, Town of Estes Park
Town Of Estes Park RFP for ERP Project Manager Page 13 of 15
C. Integration. This Agreement and any attached exhibits constitute the entire
Agreement between Consultant and the Town, superseding all prior oral or written
communications.
D. Third Parties. There are no intended third-party beneficiaries to this Agreement.
E. Notice. Any notice under this Agreement shall be in writing, and shall be
deemed sufficient when directly presented or sent pre-paid, first class United States Mail,
addressed as follows:
The Town: Town of Estes Park
Reuben Bergsten, Director of Utilities
PO Box 1200
Estes Park, CO 80517
970-577-3588
Consultant: Consultant
Contact name
Address
Address
Phone number
F. Severability. If any provision of this Agreement is found by a court of competent
jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof
shall remain in full force and effect.
G. Modification. This Agreement may only be modified upon written agreement of
the parties.
H. Assignment. Neither this Agreement, nor any of the rights or obligations of the
parties hereto, shall be assigned by either party without the written consent of the other.
I. Governmental Immunity. The Town, its officers, and its employees, are relying
on, and do not waive or intend to waive by any provision of this Agreement, the monetary
limitations (presently one hundred fifty thousand dollars ($150,000) per person and six hundred
thousand dollars ($600,000) per occurrence) or any other rights, immunities, and protections
provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as
amended, or otherwise available to the Town and its officers or employees.
J. Rights and Remedies. The rights and remedies of the Town under this
Agreement are in addition to any other rights and remedies provided by law. The expiration of
this Agreement shall in no way limit the Town's legal or equitable remedies, or the period in
which such remedies may be asserted, for work negligently or defectively performed.
K. Binding Effect. The Town and Consultant each bind itself, its successors and
assigns to the other party to this Agreement with respect to all rights and obligations under this
Agreement. Neither the Town nor Consultant shall assign or transfer its interest in this
Agreement without the written consent of the other.
Attachment 1, Sample Agreement, Town of Estes Park
Town Of Estes Park RFP for ERP Project Manager Page 14 of 15
L. Work By Illegal Aliens Prohibited.
(i) Consultant hereby certifies that, as of the date of this Agreement,
it does not knowingly employ or contract with an illegal alien and that Consultant
has participated or attempted to participate in the basic pilot employment
verification program as defined in C.R.S. § 8-17.5-101(1) (“Program”) in order to
verify that it does not employ illegal aliens.
(ii) Consultant shall not knowingly employ or contract with an illegal
alien to perform work under this Agreement or enter into a contract with a
subcontractor that fails to certify to Consultant that the subcontractor shall not
knowingly employ or contract with an illegal alien to perform work under this
Agreement.
(iii) Consultant hereby certifies that it has verified or attempted to
verify through participation in the Program that Consultant does not employ any
illegal aliens and, if Consultant is not accepted into the Program prior to entering
into this Agreement, that Consultant shall apply to participate in the Program
every three (3) months until Consultant is accepted or this Agreement has been
completed, whichever is earlier.
(iv) Consultant is prohibited from using Program procedures to
undertake pre-employment screening of job applicants while this Agreement is
being performed.
(v) If Consultant obtains actual knowledge that a subcontractor
performing work under this Agreement knowingly employs or contracts with an
illegal alien, Consultant shall be required to:
a. notify the subcontractor and the Town within three (3) days
that Consultant has actual knowledge that the
subcontractor is employing or contracting with an illegal
alien; and
b. terminate the subcontract with the subcontractor if within
three (3) days of receiving the notice required pursuant to
this subparagraph the subcontractor does not stop
employing or contracting with the illegal alien; except that
Consultant shall not terminate the contract with the
subcontractor if during such three (3) days the
subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted
with an illegal alien.
(vi) Consultant shall comply with any reasonable request by the
Colorado Department of Labor and Employment (“Department”) made in the
course of an investigation that the Department is undertaking pursuant to the
authority established in C.R.S. Article 17.5.
Attachment 1, Sample Agreement, Town of Estes Park
Town Of Estes Park RFP for ERP Project Manager Page 15 of 15
(vii) If Consultant violates this paragraph, the Town may terminate this
Agreement for breach of contract. If this Agreement is so terminated, Consultant
shall be liable for actual and consequential damages to the Town.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
first set forth above.
OWNER: CONSULTANT:
TOWN OF ESTES PARK, COLORADO _____________________________
By: ______________________________ By: __________________________
Mayor
Title:
Address: _____________________
_____________________________
ATTEST: ATTEST:
By: ______________________________ By: __________________________
Town Clerk
(SEAL) (SEAL)
Other Partners:
________________________________
TOWN ADMINISTRATOR Memo
To: Honorable Mayor Pinkham
Board of Trustees
From: Frank Lancaster, Town Administrator
Date: July 10, 2012
RE: TOWN BOARD REIMBURSEMENT POLICY.
Background:
It has historically been the practice of the Town to purchase two items of logo apparel
for each Trustee annually, if they so requested.
In performing the duties of the Mayor, the Mayor relies quite heavily on use of a cell
phone for town business. For some time, the Mayor has been reimbursed for a portion
of his cell phone bill to cover the costs associated with town business.
Although both of these practices have been exercised for some time, neither have been
officially adopted as policies of the Board of Trustees. This proposed policy is simply
codifying into policy the historic practices of the Board.
Budget:
Not applicable
Staff Recommendation:
Approve the policy as presented
Sample Motion:
I move for the approval/denial the policy concerning reimbursement and support of
Board of Trustees and Mayor
Policy: Reimbursement and support of Board of Trustees and Mayor
Date: 7/10/2012
Revised: n/a
1.1. Purpose
To establish a policy that defines the reimbursement policy for the mayor pertaining to use of
his/her personal cell phone for Town business and to define the criteria for which the Town will
purchase Town logo apparel for Town Trustees
1.2. Policy
1.2.1 Mayor reimbursed for cell phone use
The Board of Trustees recognizes that the Mayor is required to use his personal cell phone on a
frequent basis to on Town business. The Town will reimburse the Mayor for actual cell phone
usage on a monthly basis. The Mayor will submit to the Town Clerk monthly an amount for
reimbursement, based on his monthly cell phone bill. This may include phone calls, data
services and text messaging from a smart phone. The amount to be reimbursed shall not
exceed the maximum amount allowed by Town policy for employee cell phone stipends.
1.3.1 Logo Apparel
The Town will pay for up to two shirts, jackets or other types of apparel, embroidered with the
Town logo, per calendar year for each Trustee. Trustees may order additional items of
embroidered apparel through the Town Clerk, at their own expense.