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HomeMy WebLinkAboutPACKET Town Board 2012-03-13The 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, March 13, 2012 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). PRESENTATION OF FINANCIAL REPORTING AWARD. Finance Officer McFarland. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. 1. CONSENT AGENDA: 1. Town Board Minutes dated February 28, 2012 and Town Board Study Session Minutes dated February 28, 2012. 2. Bills. 3. Committee Minutes: A. Community Development/Community Services Committee, February 23, 2012. 4. Estes Park Tree Board Minutes dated January 20, 2012. 2. LIQUOR ITEMS: 1. TRANSFER OF OWNERSHIP – FROM TWIN OWLS STEAKHOUSE, INC. DBA TWIN OWLS STEAKHOUSE TO TWIN OWLS INC. DBA TWIN OWLS STEAKHOUSE, 800 MACGREGOR AVENUE. Town Clerk Williamson. 3. ACTION ITEMS: 1. LARIMER COUNTY ON-LINE PERMITTING INTERGOVERNMENTAL AGREEMENT. Manager Winslow. Prepared 3/4/12 *Revised NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 2. RESOLUTION # 04-12 SURPRISE SIDEWALK SALE. Manager Winslow. 3. 2012 SHUTTLE CONTRACT WITH MCDONALD TRANSIT AND SHUTTLE ROUTES. Director Kilsdonk. 4. REAL TIME PASSENGER INFORMATION SYSTEM (RTPIS) CONTRACT – SHUTTLE SYSTEM. Director Zurn. 5. ORDINANCE # 03-12 AMEND MUNICIPAL CODE SECTION 2.20 MAYOR AND TRUSTEES COMPENSATION. Interim Town Administrator Richardson. 4. STAFF REPORT AND DISCUSSION ITEMS: 1. ANNUAL REPORT FOR ROCKY MOUNTAIN PARK INN SERVICE AGREEMENTS. Manager Pickering 5. ADJOURN. Town of Estes Park, Larimer County, Colorado, February 28, 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 28th day of February, 2012. Meeting called to order by Mayor Pinkham. Present: William C. Pinkham, Mayor Chuck Levine, Mayor Pro Tem Trustees Eric Blackhurst Mark Elrod John Ericson Wendy Koenig Jerry Miller Also Present: Greg White, Town Attorney Lowell Richardson, Assistant Town Administrator Jackie Williamson, Town Clerk Absent: None Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. SWEARING IN OF SERGEANT LIFE. Town Clerk Williamson performed a swearing in ceremony for Sergeant Rick Life. PUBLIC COMMENTS Bob Berman/Town citizen stated dissatisfaction with the current plan review process which does not take into account view corridors. He proposed development plans be reviewed to take into account views and view easements and the code be amended to address such issues with any changes being applied to ongoing development issues. Johanna Darden/Town citizen commented the financial reports supplied to the State by Elkhorn Project Inc. were inaccurate and requested the Board review the issue. Frank Theis/ Elkhorn Project Inc. responded stating the discrepancy in the reporting were related to the amount raised versus the amount estimated to be raised. He informed the Board two public hearing were held recently and were well attended and suggested an additional meeting be held at Town Hall to answer questions regarding the project. A presentation would be provided to the Economic Development Committee on March 8th and the State would hold two public comment hearings scheduled for April 10th and April 23rd. A final decision on the RTA applications continues to be May 18th. The Elkhorn Lodge property owner has extended the contract to purchase the property due to the delays by the State. John Guffey/Town citizen and a group of Eagle Rock students presented discussion on a number of topics including sustainability through environmental, social and economic awareness, Eagle Rock student’s availability to help the community with projects such as participating in the Elementary School carnival and the Art Festival, and addressing issues such as the Lily Lake dam reconstruction project. TOWN BOARD COMMENTS / LIAISON REPORTS. Trustee Blackhurst responded to an editorial in the Trail Gazette questioning the Town’s intent to limit the public’s access to full and timely public information through two proposed ballot questions on the April 3rd ballot. He stated the questions ask the voters to approve the publishing of ordinance by title with the full text of the ordinance available Board of Trustees – February 28, 2012 – Page 2 on the Town’s website shortly after approval, thereby making information available quicker. The measures would reduce cost and increase services to the citizen. He urged the voters to vote “yes” on the two ballot questions. Trustee Elrod stated the Estes Valley Planning Commission continues to develop recommendations on ADUs for the Town Board and County Commission to evaluate. An additional public meeting would be held during the March meeting. Trustee Ericson commented the Audit Committee met to discuss an update to the annual investment portfolio. The audit for 2012 would begin in April in preparation of the annual CAFR. The TVC continues to meet to discuss the final report. He reminded the public the last day to register for the upcoming Municipal Election is March 5th for the April 3rd election. Trustee Koenig informed the Board the Rodeo Committee approved the new Western Heritage structure eliminating the Town’s annual approval of the committee members. Trustee Miller stated the Shuttle Committee would meet to finalize the recommendations coming forward to the Board on March 13th. The Pride Award nominations would be available through the month of March with applications available in Town Hall or online. TOWN ADMINISTRATOR REPORT. • Interim Administrator Richardson stated he attended the recent Partners for Commerce annual dinner where the group began discussion on the economic redevelopment of Estes Park. • Sergeant Jim Kenney has submitted his resignation. A going away party would be held at the Museum on Friday, March 9th beginning at 4:00 p.m. He thanked Sergeant Kenney for his service to the community. • Staff would begin the process of developing an MOU with the Western Heritage volunteer group. • A number of the Trustees have been issued IPads with the intent to issue them to all members of the board to reduce costs in the future. 1. CONSENT AGENDA: 1. Town Board Minutes dated February 14, 2012, Town Board Study Session Minutes dated February 14, 2012. 2. Bills. 3. Committee Minutes – None. 4. Estes Valley Planning Commission Minutes dated January 17, 2012 (acknowledgement only). 5. Resolution # 03-12 – Schedule public hearing date of March 27, 2012 for a New Tavern Liquor License Application filed by The Hillside Burger Inc. dba Hillside Burger, 205 Virginia Drive. It was moved and seconded (Levine/Koenig) to approve the Consent Agenda, and it passed unanimously. 2. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for Town Board Final Action. 1. CONSENT ITEMS: Board of Trustees – February 28, 2012 – Page 3 A. AMENDED CONDOMINIUM MAP, RIVERSPOINTE DOWNTOWN CONDOMINIUMS, UNIT 2B; 111 Wiest Drive; Riverspointe Downtown Lofts, LLC/Applicant. B. AMENDED PLAT, LOTS 15 & 16 AND VACATED STREET ADJACENT TO SAID LOTS, GRAND ESTATES ADDITION; 1258 & 1260 Big Thompson Avenue; Wallace & Laurine Burke/Applicant. Marcia Logan/Town citizen requested Item 2.1.B be removed from the Consent Agenda. It was moved and seconded (Blackhurst/Miller) to approve the Consent Agenda Item 2.1.A, subject to the findings and conditions recommended by the Estes Valley Planning Commission, and it passed unanimously. ACTION ITEM: AMENDED PLAT, LOTS 15 & 16 AND VACATED STREET ADJACENT TO SAID LOTS, GRAND ESTATES ADDITION; 1258 & 1260 Big Thompson Avenue; Wallace & Laurine Burke/Applicant. Marcia Logan/Town citizen commented on the process stating the public notice for the project did not include a number of the Ranch Meadow properties because of the large right-of-way and the link to the website was very difficult to navigate. She stated the citizens should have more input on the development processes in the valley. It was moved and seconded (Levine/Blackhurst) to approve the Consent Agenda Item 2.1.B subject to the findings and conditions recommended by the Estes Valley Planning Commission, and it passed unanimously. 3. ACTION ITEMS: 1. ORDINANCE #02-12 – AMEND SECTION 2.04.050 QUORUM. Attorney White stated the proposed Ordinance would provide the Mayor not be counted for the purpose of determining a quorum for the transaction of business by the Board of Trustees. This would also remove the possibility of two members of the Board approving an action items with only three members of the Board and the Mayor constituting a quorum of the Board. This would also require 4 of the 6 Trustees to be present at a meeting to meet the quorum requirement. Attorney White read the Ordinance #02-12 into the record. It was moved and seconded (Ericson/Miller) to approve Ordinance #02-12, and it passed unanimously. 2. RENEWAL OF AND AMENDMENT TO INVESTMENT ADVISORY AGREEMENT WITH CUTWATER INVESTOR SERVICES CORP. Finance Officer McFarland stated the Town’s Investment contract with Cutwater was approved in 2011 for a three-year period, renewable annually. Cutwater is requesting approval of the renewal as well as four amendments to the original contract including 1) Cutwater would not be liable to the Town for any act or omission of any broker or dealer selected by Cutwater in good faith; 2) Cutwater would like to include the Town as a reference for RFP’s; 3) Cutwater is seeking to provide disclosure information as required by law, as well as other documents, to the Town in the form of email; and 4) Cutwater has changed its address. The Board discussed whether Section 9 rather than Section 4 should be amended to address Item 1. Staff would discuss the issue with Cutwater prior to executing the agreement. It was moved and seconded (Blackhurst/Ericson) to approve the renewal and amendment to the investment advisory agreement with Cutwater Investor Services Corp., and it passed unanimously. 4. STAFF REPORTS AND DISCUSSION ITEMS: 1. REMODEL AND UPGRADE OF DISPATCH COMMUNICATION CENTER. Sergeant Kenney presented a review of the current upgrades to the dispatch center including network cabling cleanup, installation of new console furniture, and Next Generation 911 capable telephone equipment installation. The Board of Trustees – February 28, 2012 – Page 4 projects are being funded by LETA. The new technology allows each center the ability to pick up calls for any other center that becomes overwhelmed. 2. 4TH QUARTER SALES TAX. Finance Officer McFarland presented the 4th quarter and annual sales tax report for 2011 stating collections reached a record level of $7.422 million, 6% ahead of 2010 and 2011 budget. Annualized sales tax has been improving since May 2010 at a rate of 5.93%. The larger categories increased including lodging 9%, food 6% and retail 4%. He stated the summer season continues to increase and is greater than 10 years ago. Sales tax revenues are more than double 20 years ago and significantly more than 10 years ago. Whereupon Mayor Pinkham adjourned the meeting at 8:45 p.m. William C. Pinkham, Mayor Jackie Williamson, Town Clerk Town of Estes Park, Larimer County, Colorado, February 28, 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 Rooms 202/203 in said Town of Estes Park on the 28th day of February, 2012. Board: Mayor Pinkham, Mayor Pro Tem Levine, Trustees Blackhurst, Elrod, Ericson, Koenig and Miller Attending: All Also Attending: Interim Town Administrator Richardson, Town Attorney White and Town Clerk Williamson Absent: None Mayor Pinkham called the meeting to order at 5:30 p.m. TOWN BOARD COMPENSATION. Interim Town Administrator Richardson presented the Board with recommended changes to Section 2.20.010 addressing the Town Board of Trustee compensation including: 1) compensation shall be reviewed for changes in conjunction with the biennial election; 2) compensation recommendations shall be based on comparisons of other comparable Colorado municipalities; and 3) recommended compensation changes for the Mayor, Mayor Pro Tem and Trustees are $7,500, $6,500 and $5,500 respectively. Staff recommended compensation be reviewed during the preparation of the even year budgets coinciding with elections, and any approved increase would only effect the newly elected officials because state statute does not allow current officials to increase their salaries. The proposed increases would bring the board’s compensation within the median of the comparable communities. Comments from the Board are summarized: the proposed language should be updated to remove possible confusion that increases would be affixed after the election process rather than prior to the election and increases should be discussed during the budget process; questioned the need to refer to the 2012 election; questioned whether a statement should be added to address compensation is based on CML data; codification of the changes and the process for which compensation would be reviewed in the future provides clarification for the public; the Board stated the need to review additional information from other sources and look at other comparables such as community size, budget, services provided, etc.; the code language should be as generic as possible and not tie the Town to a certain instrument, timeframe or date; there should be a stated purpose for the increase such as ACOLA or CPI and what the salaries is to cover such as transportation, preparation time for meetings, meeting attendance, home office space and supplies, etc.; salaries for the Board are an attempt to recognize the time, effort and additional costs incurred in fulfilling the duties of a board member; a discussion followed on the use of recognition versus compensation, however, staff would need to investigate any impact changing the terminology may have on benefits; and concern was raised that the Board may see a greater increase by percentage than the employees have see over the same timeframe. The Board requested proposed language be sent out to the Board for review prior to the March 13th Town Board meeting. Town Board Study Session – February 28, 2012 – Page 2 MISCELLANEOUS DISCUSSION ITEMS The Board requested staff review Municipal Code Chapter 2 to determine items that need to be updated and identify items that are not currently being addressed by the Town. The Board discussed the upcoming Capital Asset Management Plan (CAMP) review to be discussed during the March 13th and March 27th Town Board Study Sessions. Questions were raised on the appropriateness of discussing the CAMP at a study session; the Board should only discuss the 2012 CAMP issues because of the upcoming election and the need for the new Board to make the decisions for the 5 year outlook. Trustee Blackhurst stated the current Board members with the knowledge and experience should set the course for the upcoming Board and provide the staff with direction. Trustee Miller suggested the Board have a discussion at a future meeting on the purpose and the need of study sessions. A number of the discussion at the study sessions should be discussed at Board meetings with public comment. Mayor Pinkham stated the study session meetings are a good forum for discussion and debate. Trustee Elrod questioned when the Town Board would receive additional information or take action on the volunteer manual, electric rate study and community service grants. Interim Town Administrator Richardson stated a number of items would be coming forward; however, he requested additional comment from the Board members on the direction for the employee handbook. He stated an all-inclusive employee handbook has been drafted and includes much more than the employee benefit handbook drafted at the end of 2011. He stated a draft Board governance policy document has been drafted and could be forwarded to the Board for review. There being no further business, Mayor Pinkham adjourned the meeting at 6:40 p.m. Jackie Williamson, Town Clerk Town of Estes Park, Larimer County, Colorado, February 23, 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 23rd day of February, 2012. Committee: Chair Levine, Trustees Elrod and Miller Attending: All Also Attending: Interim Town Administrator Richardson, Directors Kilsdonk, and Chilcott, Managers Winslow, Salerno, Mitchell, Pickering and Fortini, and Recording Secretary Bailey Absent: None Chair Levine called the meeting to order at 8:00 a.m. PUBLIC COMMENT. None COMMUNITY SERVICES DEPARTMENT. MISCELLANEOUS. Manager Winslow introduced Matt Lemke the newest member of the Special Events staff. LARIMER COUNTY ON-LINE PERMITTING IGA. Manager Winslow presented an Intergovernmental Agreement between Larimer County and the Town of Estes Park to host an online event permitting application that was designed to streamline the permitting process and save significant staff time from the current paper process. The item was budgeted for in 2012 in account 222-5500-455.22- 12 for $120. Chair Levine requested users have the ability to see availability of venues with this process. The Committee recommended approval of the Intergovernmental Agreement for the Online Special Events Permit System between Larimer County and the Town of Estes Park to the Town Board agenda on March 13, 2012 as an action item. SURPRISE SIDEWALK SALE RESOLUTION. The Surprise Sidewalk Sale is scheduled for May 5-6, 2012. The sale is open to all Estes Park businesses. Businesses located out of the downtown area may reserve space in Bond Park, or in Lot 2, the Children’s Lot (Dairy Queen parking lot) if Bond Park is under construction or not available. Due to regulations related to outdoor sales, it is necessary for the Town Board to pass a resolution approving a variance to allow this sale to occur. Staff is also proposing allowing the use of sandwich boards during the sale, provided the signs do not encroach into the ADA-required four-foot clearance. The Committee recommended approval of a Resolution to allow the Surprise Sidewalk Sale on May 5-6, 2012, to be included on the Town Board agenda on March 13, 2012 as an action item. REPORTS. Reports provided for informational purposes and made a part of the proceedings. • Department Annual Report – Director Kilsdonk reported that accomplishments of the department for 2011 included national recognition of the Rooftop Rodeo, continued participation in the Platte River Power Authority’s Efficiency Express energy audit, and the Museum’s History on Call cell phone tour. The department as a whole serviced almost 700,000 people in 2011 with 19.04 full time equivalent employees and 360 volunteers. Community Development / Community Services – February 23, 2012 – Page 2 • Visitor Services: Manager Salerno reported that 401,692 people came through the Visitor Center in 2011, which reflected an increase of 23.6% over 2010. She thanked the Ambassadors for their contribution. She noted that the number of telephone calls received at the center is down by 14.2% due to increased website traffic. The After-Hours visitor area saw 25,695 people in 2011, more than double from 2010. These numbers are expected to rise even more with the building of the new parking structure. Trustee Elrod recommended reviewing the retail sales policy to include DVD sales. Trustee Miller suggested future upgrades to technology at the Visitors Center that might include a touch screen kiosk. • Facilities Sales and Marketing: Manager Pickering reported that there was an increase in the number of conference groups hosted in 2011; however, the average number of conference attendees was down as was spending. Competition in the marketplace is a factor in booking groups at the conference center. • Senior Center: Manager Mitchell reported that in 2011 the Senior Center saw all time high visits of 29,070. This included increased attendance to programs like the daily fitness program. The Senior Center distributed 183 blizzard boxes and 5,158 meals through the Meals on Wheels program. The Committee recognized the Senior Center’s efforts in offering Medicare counseling services and the other collaborations developed to benefit the senior citizens.   • Museum: Manager Fortini reported that attendance in 2011 was up from 2010 numbers. The Museum offered 67 programs or tours in 2011 and 3 major exhibits. The first year of the History on Call cell phone tour was considered a success. All of this was accomplished with the assistance of a seasonal museum assistant and 59 volunteers giving 7,296 volunteer hours.   • Fairground and Events: Manager Winslow noted that in 2011 the department added three new events with an additional three more expected in 2012. Staff implemented strategies for double booking events to maximize the facility and the addition of shows during slow times. In addition to the new permitting system, Staff is also looking at online ticket sales in the future. The Committee recommended the report be provided as part of the CIA presentation and be made available online as well as given to new Board members. Interim Town Administrator Richardson confirmed that the annual reports are a part of an organizational report and used to make decisions throughout the organization. COMMUNITY DEVELOPMENT DEPARTMENT. REPORTS. Reports provided for informational purposes and made a part of the proceedings. • Monthly Report – Director Chilcott advised the reporting process is continuing to be refined for the department and reported on the following topics: - Outreach/Communication – External Customers: Staff has participated in the CIA, Mr. Johnson’s middle school Construction Technology Class, discussed the Estes Valley street standards and the Fire District access standards with Estes Valley Fire Protection District, Fire Safety meeting for Business Owners, and created new handouts. - Addressing: A new manual is being developed for addressing policy/procedures. The Staff continues to work on the PTWin building permit database cleanup in preparation for the Sungard transition. - Building Codes, Permits, and Inspections: In 2011 41 permits and numerous contractor licenses were issued. - Long-Range Planning: There are ongoing Planning Commission discussions regarding updating the Estes Valley Comprehensive Plan. Staff attended Estes Valley Recreation and Park District Trails Committee Community Development / Community Services – February 23, 2012 – Page 3 meeting. - Technology - Permitting Software, Geographic Information Systems (GIS): Staff participated in two three-day intensive training sessions with Sungard in preparation for the transition to One Solution. Work has begun to convert all permits from PTWin to Sungard. - Policies and Procedures: Staff identified addressing policy/procedures as a priority issue for 2012 given the Sungard conversion. There being no further business, Chair Levine adjourned the meeting at 9:38 a.m. Rebecca Bailey, Recording Secretary Page 1 Town Clerk Memo To: Honorable Mayor Pinkham Board of Trustees Interim Town Administrator Richardson From: Jackie Williamson, Town Clerk Date: March 9, 2012 RE: Liquor Licensing: Transfer Of Ownership – Twin Owls Steakhouse, Inc. dba Twin Owls Steakhouse to Twin Owls Inc. dba Twin Owls Steakhouse, 800 MacGregor Avenue, Hotel and Restaurant Liquor License Background: Twin Owls Inc. dba Twin Owls Steakhouse located at 800 MacGregor Avenue is requesting a transfer of the Hotel and Restaurant liquor license currently held by Twin Owls Steakhouse Inc. dba Twin Owls Steakhouse. The application was submitted to the Town Clerk’s Office on January 24, 2012 and a temporary license was issued on January 31, 2012. Twin Owls Inc. has submitted all necessary paperwork and fees. The new owners are aware of the TIPS training requirement and will schedule necessary training for the employees. Budget: N/A Sample Motion: I move the Transfer Application filed by Twin Owls Inc. , doing business as Twin Owls Steakhouse for a Hotel and Restaurant License be approved/denied. April 2003 PROCEDURE FOR TRANSFER OF LIQUOR LICENSE TOWN CLERK. Will present the application and confirm the following: 5 The application was filed January 24, 2012 . 5 The Town has received all necessary fees and hearing costs. 5 The applicant is filing as a Corporation . 5 There is a police report with regard to the investigation of the applicants. 5 Status of T.I.P.S. Training: X Unscheduled Completed Pending Confirmation MOTION: I move the Transfer Application filed by Twin Owls, Inc., doing business as The Twin Owls Steakhouse for a Hotel & Restaurant License be approved/denied. Community Services Memo To: Honorable Mayor Pinkham Board of Trustees Interim Administrator Richardson From: Bo Winslow, Fairgrounds and Events Manager Date: March 13, 2012 RE: Larimer County On-Line Permitting Intergovernmental Agreement Background: The Fairgrounds and Events Division has been working with Larimer County to host the Town’s event permitting process online. This process was created by Larimer County and is currently being use by the City of Loveland as well. Larimer County staff was hired in 2011 to design an electronic version of the Town’s application to use in the future. This process will allow applicants to have contact with all staff approving applications as well as allow applicants to select all needed resources. This process will streamline the current process as well as save significant staff and applicant time. Larimer County will only host the site. Applicants will go to the Town’s webpage to access the site. This access is to the server at Larimer County and will not take the applicant to another website. The IGA has been reviewed by Attorney White. Budget: This is budgeted in the 2012 Fairgrounds and Events Division Budget in account number 222-5500-455.22-12 for $120.00 for 2012. Staff Recommendation: To approve the Intergovernmental Agreement for On-line Permitting. Sample Motion: I move for the approval/denial of the Intergovernmental Agreement with Larimer County for on-line permitting. INTERGOVERNMENTAL AGREEMENT Online Special Events Permit System   THIS INTERGOVERNMENTAL AGREEMENT is made and entered into to this day of _________ , 2012, between the TOWN OF Estes Park, a Colorado municipal corporation (the "Town "), and the BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY, a body politic organized under and existing by virtue of the laws of the State of Colorado (the "County").   RECITALS:   WHEREAS, the County has adopted a Special Events Resolution requiring those desiring to hold a special event in unincorporated Larimer County to apply for a special events permit; and   WHEREAS, pursuant to such resolution the County has developed programming for its website that allows individuals to apply online for a County special events permit; and   WHEREAS, The County has offered to host a similar, online special events permit system for the Town on the County's web site; and   WHEREAS, the Town requires permits for special events within the Town, but does not have an online special events permit system; and   WHEREAS, the Town desires to have an online permit system for Town special events to make the permit process more efficient and to better serve the community; and   WHEREAS, both the County and the Town ha ve the authority to enter into and perform this Agreement.   NOW THEREFORE, in consideration of the parties' mutual covenants and other good and valuable consideration, the parties agree as follows:     1. Term and Effective Date. The term of this Agreement shall begin on the day of ___________, 2012, and end on the 31st day of December, 2012, unless sooner terminated as provided herein or extended by mutual written agreement of the Parties.     2. Duties.   a. The County shall host the Town’s online special events permit system on the County's servers. b. The County shall allow the Town to modify the County's special events permit system program to conform to the Town’s special events permit needs. c. The Town, at its own cost, shall acquire and provide to the County a unique domain name for Town’s special events permit system. Such domain name shall be the exclusive property of the Town.   d. T h e Town’s online special events permit system shall be under the control        of the Town and shall not refer to the County.   3. Cost. The Town shall pay to the County a hosting fee of $120 per year to defray the County's operational and storage costs. The Town shall make such payment for the time period January 1- December 31st no later than the 31st day of January each year. For any time this Agreement is in effect that is less than a full year, the hosting fee shall be prorated from the day the web site is active for the Town 's use to the end of the year.   4. Termination. The County or the Town may terminate this Agreement upon providing the other party written notice one hundred eighty days (180) prior to the date of termination.   5. Programming. Any programming changes, additions or modifications to the Town’s online special events permitting system hosted by the County must be approved by the County Webmaster and the Town’s Event Division. Any such programming shall be performed under a separate Services Agreement between the Town and programming consultant, subject to the County approval.     6. Joint Use and Operation. Equipment associated with hosting the online special events permitting web site, including but not limited to computers, the host web site, the server and the computer programming owned by the County shall remain the property of the County. All maintenance, replacement and repair of such equipment shall be the responsibility of the County, except that programming changes specific to the Town’s special events permit web site shall be borne by the Town. All programming information obtained by the Town shall be confidential.   7. Personnel Status. Nothing contained in this Agreement, and no performance under this Agreement by personnel of the Parties hereto shall in any respect alter or modify the status of officers, agents, or employees of the respective Parties for purposes of workers' compensation, benefits or entitlements, any pension, levels or types of training, internal discipline, certification, or rank procedures, methods, or categories, or for any purpose, or condition or requirement of employment.   8. Liability. Each party, to the extent permitted by law, waives all claims and causes of action against the other party for compensation, damages, personal injury or death occurring as a consequence, direct or indirect, of the performance of this Agreement. Nothing herein shall be deemed a waiver of the notice requirements, defenses, immunities and limitations of liability that the parties and their respective officers and employees may have under the Colorado Governmental Immunity Act (C.R.S. Section 24-10-101, et seq.) and under any other law.     9. Modifications. Any modifications to this Agreement must be in writing signed by both parties.    10. Third Party Beneficiaries. This Agreement is made for the sole and exclusive benefit of the Parties hereto and shall not be construed to be an agreement for the benefit of any third party and no third party shall have a right of action hereunder for any cause whatsoever.   11. Contingencies. This Agreement and obligations of the Parties hereunder are expressly contingent upon the respective governmental entity' budgeting and appropriation of the funds necessary to fulfill the Parties' obligations hereunder.     12. Assignment. Neither party may assign this Agreement without the written consent of the other party. However, any mutually agreeable assignment in writing shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.     13. Notice. Notice will be deemed served on the other party when either hand delivered or three (3) days after being deposited postage prepaid in the United States Mail and forwarded to the following address of the parties:   Town: Town Administrator, Town of Estes Park Po Box 1200 Estes Park CO 80517   With a copy to: Town Attorney’s Office 1423 W29th St Loveland, Colorado 80538   County: County Manager County of Larimer 200 West Oak Fort Collins, CO 80521   With a copy to: Larimer County Attorney Attorney's Office P.O. Box 1606 Fort Collins, Colorado 80522   IN WITNESS WHEREOF, the parties have signed this Agreement the day and year first above written.           By: THE TOWN OF ESTES PARK, COLORADO, A Municipal Corporation   __________________________________ Mayor Bill Pinkham     ATTEST:   Town Clerk     APPROVED AS TO FORM:                       By:               LARIMER COUNTY COLORADO   _____________________________________  Frank Lancaster, County Manager           APPROVED AS TO FORM: ______________________________________ Assistant County Attorney Memo Community Services To: Honorable Mayor Pinkham Board of Trustees Interim Administrator Richardson From: Bo Winslow, Fairgrounds and Events Manager Date: March 13, 2012 RE: Resolution #04-12 Surprise Sidewalk Sale Background: The Surprise Sidewalk Sale has become a much-anticipated shoulder season event in Estes Park. The Spring Surprise Sidewalk Sale is May 5 and 6, 2012. The sale is open to all Estes Park businesses. Businesses that are located out of the downtown area may reserve a space in Lot 2, the Children’s Lot (also known as the Dairy Queen Lot), if Bond Park is under construction and not available. Due to Ordinance 15-91 pertaining to “containment” within the CD District, and subsequent adoption of the Estes Valley Development Code (Chapter 4, Zoning Districts, Section 4, specifically Paragraph D.1.a. Outdoor Sales, Use, Storage and Activity in the CD Zoning District, Number (3) Exceptions), it is necessary for the Town Board to approve a variance to allow this sale to occur. (Please see attached Estes Valley Development Code citation - Attachment A.) The proposed resolution is attached. Also attached is the Estes Valley Development Code Zoning District Citation referred to as Attachment (A). Staff will insure that business owners are educated on the regulations. Sandwich boards are prohibited in the Estes Park Municipal Code (17.66.170 Community special events signs and Stanley Park special events signs). Staff recommends allowing these signs as long as they don’t encroach in the required four- foot clearance. Budget: It is expected to cost approximately $200 in printing fees for posters. This is a budgeted expense for the Events Division in account 222-5500-455.26-03. Staff Recommendation: Staff recommends approval of Resolution # 04-12, providing a variance to allow the Surprise Sidewalk Sale on May 5 and 6, 2012. Sample Motion I move for the approval/denial of Resolution # 04-12, providing a variance to allow the Surprise Sidewalk Sale on May 5 and 6, 2012. Attachment A Estes Valley Development Code Chapter 4. Zoning Districts § 4.4 Nonresidential Zoning Districts D. Additional Zoning District Standards. 1. Operational Requirements. a. Outdoor Sales, Use, Storage and Activity in the CD Zoning District. (1) Except as may be allowed in paragraph (3) below, all retail sales, displays and activities and all other uses, storage and activity shall be wholly contained within the interior of a building or permanent structure. (2) Retail merchandise shall not be displayed in any way on doors that provide customer access to a building or on windows that open out onto or over public ways, including sidewalks, pedestrian paths/trails or permitted outdoor eating/serving area. (3) Exceptions. Notwithstanding paragraph (1) above, the following outdoor uses, storage or activity shall be permitted within the CD zoning district: (a) Municipal uses, provided that such municipal uses are approved by the Board of Trustees. (b) Permitted outdoor seating and dining areas (See §5.1.M). (c) Parking lots as a principal use or parking lots and loading areas as permitted accessory uses, subject to screening, landscaping and other applicable requirements set forth in this Code. (d) Accessory refuse collection areas subject to screening and other applicable requirements set forth in this Code. Town of Estes Park Municipal Code 17.66.060 Prohibited signs. The following signs shall not be permitted, erected or maintained in the Town: (1) Off-premises advertising except as otherwise provided for herein under Sections 17.66.170 and 17.66.180. (2) Portable signs, roof signs and wind signs. (3) Signs with visible moving, revolving or rotating parts or visible mechanical movement of any description or other apparent visible movement achieved by electrical, electronic mechanical means or any other external means, including, without limitation, wind or other external forces, except for Town-sponsored banners and temporary banners as provided in Sections 17.66.180, 17.66.190 and 17.66.200, time-temperature-date signs, traditional barber poles and gauges and dials which may be animated to the extent necessary to display correct measurement. (4) Signs with optical illusion of movement by means of a design which presents a pattern capable of reversible perspective, giving the illusion of motion or changing of copy. (5) Signs with lights or illuminations which flash, move, rotate, scintillate, blink, flicker, vary in intensity, change color or use intermittent electrical pulsations. (6) Signs which incorporate projected images, emit any sound which is intended to attract attention or involve the use of live animals. (7) Any sign which is installed or erected in or projects into or over any public right-of- way, except in the case of a sign for which a permit has been issued in conformance with the requirements of this Chapter. (8) Signs not permanently affixed or attached to the ground or to a permanent structure (for example, sandwich boards and handheld signs), except for temporary signs as provided for under 17.66.070. (9) Any sign or sign structure which: a. Is structurally unsafe; b. Constitutes a hazard to safety or health by reason of inadequate maintenance or dilapidation; or c. Is capable of causing electrical shocks to persons likely to come in contact with it; (10) Any sign or sign structure which: a. Obstructs the view of, may be confused with or purports to be an official traffic sign, signal or device or any other official sign; b. Creates an unsafe distraction for motor vehicle operators; or c. Obstructs the view of motor vehicle operators entering a public roadway from any parking area, service drive, private driveway, alley or other thoroughfare. (11) Any sign which obstructs free ingress to or egress from a required door, window, fire escape or other required exit way. (12) Off-premises advertising signs; except: a. As specifically permitted by Section 17.66.170, Community special events signs and Stanley Park special events signs. b. As specifically permitted by Section 17.66.180, Town-sponsored special events banners, or c. Nonilluminated open house real estate signs, provided that: 1. Off-premise signs are located on private property with the property owner's consent; and 2. Comply with the size and time limitations in Paragraph 17.66.050 (12); and 3. Are limited to two (2) off-premises signs per open house. (13) Signs with commercial content not pertinent and or not clearly related to the principal permitted use on the property where located. (Ord. 24-10 §1, 2010). 17. 66.170 Community special events signs and Stanley Park special events signs. (a) The purpose of this Section is to provide for adequate signage for community special events where the primary purpose of the event is to raise funds for local charitable purposes, or to provide for adequate signage for Town-sponsored special events. Both of these event categories are characterized by their large scale production, large attendance and by their prominence as re-occurring annual events of community-wide interest. (1) Nonprofit associations or organizations may submit an application for temporary on- site and temporary off-premises signage for a community special event where the primary purpose of the event is to raise funds for local charitable purposes. (2) Any organization holding a Town-approved community special event at the Stanley Park Fairgrounds may submit an application for temporary on-site and temporary off- premises signage for that event. (b) Application for permit. The applicant shall submit a master special event sign plan as part of the application for a special event permit. Upon approval of a master special event sign plan, the permit shall be valid for subsequent re-use for an unlimited period of time, provided that there are no significant changes to the sign copy, size, location and extent of the approved signs. (c) Standards for review. The Community Development and Special Events Departments shall review the application for compliance with the standards below prior to permit issuance: (1) Zoning Restrictions. Special event signs are allowed within all zoning districts. (2) Design. Fluorescent colors and reflective surfaces are prohibited on signs. Reflective colored materials that give the appearance of changing color are also prohibited. A matte or flat finish is required for all surfaces. (3) Illumination. Illumination of temporary special event signs is prohibited. (4) Banners. Banners must comply with Section 17.66.180, Town-sponsored special events (TSE) temporary banners. (5) Temporary off-premises signs. a. Any individual business may publicly display special event posters in the window of that business without a sign permit, provided that individual posters do not exceed two (2) square feet in size. Special event posters, including off-site posters, that do not exceed two (2) square feet in size are exempt from any regulation and may be freely displayed without prior Town approval. The sign shall be displayed no more than six (6) weeks prior to the special event and shall be removed no later than three (3) days after the event. b. Staff may approve four (4) additional off-premises signs or banners not to exceed thirty-six (36) square feet each upon finding that the signs contribute to the overall festival atmosphere or theme of the event and that any commercial advertising message is subordinate to the event message. The signs shall be displayed no more than six (6) weeks prior to the special event and shall be removed no later than three (3) days after the event.   RESOLUTION NO. 04-12 WHEREAS, on July 23, 1991, the Board of Trustees adopted Ordinance 15-91 pertaining to “containment” within the C-D District, and subsequent adoption of the Estes Valley Development Code (Chapter 4, Zoning Districts, Section 4.4, specifically Paragraph D.1.a.:Outdoor Sales, Use, Storage and Activity in the C-D Zoning District, Number (3) Exceptions) NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the following guidelines shall be adopted for the “Surprise Sidewalk Sale Days” being sponsored by the Events Department that is scheduled May 5 and 6, 2012: 1. Hours of operation shall be from 9 a.m. – 5:30 p.m. 2. The Sale Weekend is available to all EstesPark businesses. 3. The Sale Weekend will be held rain or shine. 4. Businesses will be allowed to sell merchandise in front of their stores only during the hours specified above. 5. Sidewalk displays, including signage, shall provide a minimum clearance of four feet for pedestrian ways and handicapped accessibility. Displays and/or merchandise will not be allowed in any street. 6. Those merchants without sidewalk frontage may contact the Events Division at 586-6104 to reserve a space in Parking Lot 2, the Children’s Lot, if Bond Park is under construction (10x10 spaces only). 7. Advertising posters will be provided. 8. All participating businesses must possess a current Town Business License. BE IT FURTHER RESOLVED, that every business is urged to participate in this Surprise Sidewalk Sale Days annual event. DATED this day of , 2012. TOWN OF ESTESPARK Mayor ATTEST: Town Clerk Community Services Memo To: Honorable Mayor Pinkham Board of Trustees Interim Town Administrator Richardson From: Shuttle Committee Community Services Director Kilsdonk Date: March 13, 2012 RE: 2012 Shuttle Contract with McDonald Transit and Shuttle Routes Background: One of the Town Board’s adopted 2012 goals is to Improve Transportation by enhancing the visitor experience; evaluating/improving public transportation services; encouraging use of the transportation hub and measuring effectiveness; reducing congestion; and continuing to partner with the Colorado Department of Transportation and Rocky Mountain National Park to seek solutions. Toward accomplishing this goal, Trustee Miller chaired an ad hoc Shuttle Committee, which met nine times between December 2011 and February 2012. Committee members include Trustee Elrod and representatives of the following stakeholder groups: John Hannon – Rocky Mountain National Park Kerrie Hill – Estes Park Medical Center Lindsay Lamson – Visit Estes Park/Destination Marketing Organization Lynette Lott – Estes Area Lodging Association (EALA) Sandy Osterman – Visitor Center Ambassadors Julie Pieper – Downtown businesses Gary Van Horn – Estes Park Center YMCA of the Rockies Joe Walsh – Rocky Mountain Transit Management Staff support was provided by Interim Town Administrator Richardson, Community Services Department Director Kilsdonk, Public Information Officer Rusch, Visitor Services Manager Salerno, and Executive Assistant Button. Committee Goals The Committee established three goals: • Increase shuttle ridership; • Make the shuttle system more useful to residents of the community and tourists; and • Develop opportunities to increase sales tax revenues through ridership. Committee Scope Over the past three months, the Committee undertook a comprehensive analysis of the Town’s shuttle system. Among the topics examined were a history of the operation; user, community and driver feedback; service routes; stops and names of stops; service dates and times; maps and signage – design, production, and distribution; bus sizes; bus identifiers (colors, animal logos, symbols, etc.); proposed policy for stops located on private property; coordination with Rocky Mountain National Park to address construction on Bear Lake Road; special charters; special stop requests; advertisement possibilities; etc. On February 13, the Committee devoted a half-day to a field trip to drive each of the four shuttle routes, reviewing the 2011 routes and the proposed changes for 2012. During the time period when the Committee was undertaking its analysis, Rocky Mountain National Park made the decision to extend its current contract with McDonald Transit by one year. Under Article 4C of the Town’s current contract with McDonald Transit, the “maximum term” of the Agreement can “be extended by mutual agreement to include the service in June 2012 through September 2012.” Therefore, The Town of Estes Park is also eligible to extend its contract term with McDonald Transit through September. Due to the addition of special charters beyond September for 2012, staff is bringing forward a new one-year contract which addresses service for the entire year. The contract has been reviewed by Attorney White. Committee Recommendations Summary: SERVICE DATES AND TIMES Special June Weekends Ride the Rockies Weekend: June 15-17 During the 2011 budgeting process, it was unknown that Estes Park would be selected as one of seven communities to host the Ride the Rockies bicycle tour after an eight- year hiatus. Two-thousand cyclists will spend the night of June 14 in Estes Park before continuing to Fort Collins on June 15 for the finale. It is anticipated that many cyclists and their entourages will choose to stay in Estes Park for the weekend, rather than continue to Fort Collins. According to the organizers, in 2011, cyclists spent an average of $250,000 in a 24-hour time period in each host town. The $250,000 equates to $10,000 in additional sales tax revenue, not counting economic multipliers. Ride the Rockies arranges its own transportation for the cyclists during the June 14 overnight, but not for the weekend. To capitalize on this unanticipated opportunity, Mayor Pinkham has offered to sponsor shuttle service on the red, blue and silver routes for Friday, Saturday and Sunday, June 15-17, from noon to 10PM, at a cost of $3900 from his contingency fund. June 22-24 To provide continuity of service, and to promote Scandinavian Festival attendance, the Committee has asked that the same schedule of routes and times be provided for the weekend of June 22-24. Regular Service Recognizing that Friday is the start of the weekend for many travelers, the start date for the shuttle service was moved to Friday, June 29 for 2012. (In 2011, service started on Saturday, June 25.) Regular service will run through Sunday, September 9, for a total of 73 days. The Red, Blue and Silver routes will run from 9AM to 10PM, with no combining of routes. By starting the Red, Blue and Silver Routes one hour earlier than in 2011, the Committee hopes to get more people who work in the downtown area to use the shuttles, thereby freeing up downtown parking. By ending those routes at 10PM, the Committee hopes to capture those visitors who would like to enjoy dinner and evening activities. The Brown Route will run from 8AM to 9PM. The route starts two hours earlier than in 2011 to better serve campers. Special Fall Weekends As requested by the Town Board during the budget sessions, Silver Shuttle service from the Fairgrounds Park-n-Ride to the downtown has been added for the following special events: Scots Fest: Sept. 8 Fine Arts & Crafts Fair: Sept. 15-16 Autumn Gold: Sept. 21-22 Elk Fest: Sept. 29-30 Halloween: October 31* Catch the Glow: November 23 *The Committee suggests this be called the “Ghost Bus” and made into a fun ride for participants. Total Number of Regular and Special Service Days for 2012: 88 Total Number of Service Hours for 2012: 4464 PROPOSED SHUTTLE ROUTE CHANGES Red Route The direction is reversed for 2012. The shuttle travels downtown first, and five downtown stops have been added. On the way back into town, the shuttle travels down Big Horn Drive from the U.S. 34 bypass to avoid the congested eastbound intersection of Elkhorn and Moraine Avenues, then on to the stops downtown, and back to the Visitor Center. Blue Route The Ride-A-Kart stop will be designated “West of Olympus Lodge” to more accurately describe the location. Stops were added at Ranch Meadows on U.S. 34 (Lake Front Street entrance+) and Mountain Gate Condos on Big Horn Drive. The Blue Route will come down Big Horn Drive, stop at the condos, take a left onto Elkhorn and then back to the Visitor Center, with stops along the way. Brown Route The route will change by returning on Riverside Drive rather than on Moraine Avenue. This allows the shuttle to stop at the intersection of Prospect Park Drive near the south entrance of WorldMark, and at Crags Lodge. These two new stops along Riverside Drive will better accommodate residents in that area, and patrons of nearby businesses and lodging properties. Silver Route In 2011 the Silver Route was an express between the Fairgrounds Park-n-Ride and the Visitor Center. For 2012, the Silver Route will start at the Fairgrounds Park-n-Ride, travel to the Visitor Center, then to Solitude Cabins on Sketch Box Lane off of Fish Creek Road, the Larimer County and School District offices on Brodie Avenue (as an on-call stop), the Aquatic Center, and back to the Fairgrounds Park-n-Ride. The Aquatic Center stop will accommodate riders from the surrounding businesses and residential areas, including affordable housing areas. Trial runs indicate that this route is doable within the established 15-minute time frame. Additional Stop: Solitude Cabins Solitude Cabins approached the Town with a request to add a shuttle stop to the property. Because the stop is on private property, the Committee’s discussion of whether to add it led to a policy recommendation. Shuttle Stops on Private Property The Committee is recommending that the Town Board adopt a policy addressing Town shuttle stops on private property. Interim Town Administrator Richardson, working with Attorney White, has developed a draft policy. The policy, once adopted, would be an agreement between the property owner and the Town. It would include terms and conditions, as well as the ridership levels required to qualify for and maintain the shuttle stop. The policy would currently apply to the Stanley property, the YMCA, Marys Lake Lodge, and Solitude Cabins. MAPS AND SIGNAGE In addition to the shuttle contract cost, the 2012 Transportation Budget includes $5900 for maps and signage. After discussing and obtaining costs for animal-themed shuttle wraps, the Committee recommends retaining the current route color system, color- coding the “Free Shuttle” lettering on each bus, and adding an identifying geometric symbol on both the bus and the map. In general, the maps will be greatly simplified. Stops will be identified by number, rather than name. The “map” signs of past years will be eliminated except at three key locations: at the Visitor Center, at the Fairgrounds Park-n-Ride, and at the Municipal Building. The Committee recommends incorporating a Quick Response (QR) code on the shuttle stop number signs so riders could use it to access the shuttle section of the website. In that way, someone who didn’t have a map could find out about it. The map and press release will again be translated into Spanish. In recent years, poster and map distribution has been handled by EALA members and Visitor Services staff, with EALA underwriting production of the poster. For 2012, Eve’s Brochure Rack has offered to distribute the shuttle materials, and keep the stocks up, from May 15 through September 30 for the discounted price of $500. (The normal rate is $870 for the season.) The owner has also offered to add drop-off locations not normally on the brochure distribution route. The Estes Area Lodging Association (EALA) then offered to pay the $500 Eve’s Brochure Rack fee in lieu of paying for poster printing. Visit Estes Park will continue to pay for poster design; the Town will pick up poster printing at a cost of about $150. RECOMMENDATIONS The ad hoc Shuttle Committee recommends the following: 1. To meet once a month during the shuttle season to gauge the success of the changes they are implementing. 2. To meet in September to analyze the operation’s performance and to suggest changes that would be examined during the budget study sessions in October. 3. To continue to examine the possibilities of other sources of income and cost- sharing to help offset growth of the system. 4. To continue to work with Rocky Mountain National Park on ways to coordinate the shuttle service contracting process. 5. That the Town review the sign code for possible amendment to allow advertising signage on benches, and review the process of placing benches in right-of-ways. 6. That the Town implement a process by which additional shuttle stops may be requested. Such requests would be made in writing, received no later than a specified time in the planning process, and list reasons why the request is being made. 7. The Committee suggests that Town Administration encourage those staff members able to do so to use the Fairgrounds Park-n-Ride, and to look at using the Senior Center van to move Town employees to and from Town Hall to the Park-n-Ride. Encouraging both Town employees and downtown business employees to park at the Fairgrounds Park-n-Ride and use the shuttle will free up parking spaces downtown for our guests to use, should they elect not to use the shuttle system. Budget: The General Fund Transportation 2012 budget (101-5600) total is $259,772. Implementing the Committee’s recommendations will increase the Transportation budget by $8,106. Sources and uses of funds are as follows: Proposed Changes in Transportation Budget Budget 2012 (General Fund: 101-5600) $259,772 Additions Increased Services 5,562 Charters 2,545 Revised Budget 267,878 Proposed Increase: $8,106 Line Item Detail for Proposed Increases Misc Revenue - Facility Sales/Marketing 222-2800-341.82-00 $636 Museum Programs - Van trip 222-5700-457.26-16 297 Outside Revenue Source (Rotary Reimbursement) - 1,272 CIA Expense 101-1100-411.27-04 340 Charters 2,545 Mayor’s Contingency - Ride the Rockies 101-1100-411.60-01 3,900 Misc. Revenue - Facility Sales/Marketing 222-2800-341.82-00 1,661 Proposed Increased Services: $8,106 Sources - By Fund Community Services Fund ($2,594) (decrease to net income in 2012 Budget) General Fund (no effect to Fund balance - (4,240) transfers between departments) Outside source - reimburse from Rotary (1,272) Total funding for proposed increase: ($8,106 Staff Recommendation: Staff recommends approval of a 2012 one-year McDonald Transit Associates contract for $261,978.38. Sample Motion: I move for the approval/denial of a 2012 one-year McDonald Transit Associates contract for $261,978.38. Town of Estes ParkTown of Estes Park 2012 Free 2012 Free Shuttle PlProposal Town Board presentation M h 13 2012March 13, 2012 The Shuttle CommitteeThe Shuttle Committee A volunteer committee was established in December 2011 to study and make suggestions to improve what has already become a very successful free shuttle system in Estes Parksystem in Estes Park. The group has met weekly to examine and evaluate the routes, schedules, signage, and printed materials used to promote the system. The committee’s membership is comprised of representatives from all facets of the public and private sectorsector. Shuttle Committee MembersShuttle Committee Members Jerry Miller – Chairman – Town Trustee Mark Elrod –Town TrusteeMark Elrod Town Trustee John Hannon – Rocky Mountain National Park Kerrie Hill – Estes Park Medical Center Lindsay Lamson – Visit Estes Park/Destination Marketing Organizationy/gg Lynette Lott – Estes Area Lodging Association (EALA) Sandy Osterman – Ambassadors Julie Pieper – Downtown businesses Gary Van Horn – Estes Park Center YMCA of the Rockies Joe Walsh – Rocky Mountain Transit Management Town of Estes Park Staff: ALowell Richardson – Interim Town Administrator Betty Kilsdonk – Director, Community Services Department Kate Rusch – Public Information Officer Teri Salerno Manager Visitor ServicesTeri Salerno –Manager, Visitor Services Laurie Button – Administrative Support Proposed Shuttle CalendarProposed Shuttle Calendar Special June weekends: Red, Blue & Silver Routes only,y Noon to 10 p.m. June 15-17 Noon to 10 p.m. June 22-24 Full daily schedule to begin Friday, June 29th Red, Blue & Silver Routes: 9 a.m. to 10 p.m. Brown Route: 8 a.m. to 9 p.m.p Full daily schedule to end Sunday, Sept. 9th Special fall weekends:Special fall weekends: Silver Route service to downtown during Scots Fest (Sept. 8), Fine Arts & Crafts Fair (Sept. 15-16), Autumn Gold (Sept. 21 22) Elk F t (S t 29 30) H ll (O t 31) d C t h21-22), Elk Fest (Sept. 29-30), Halloween (Oct. 31) and Catch the Glow Parade (Nov. 23). Schedule Change SummarySchedule Change Summary Daily service begins on Friday, June 29th rather than Saturday, June 30th Two weekends of service will be added: •June 15 17 to serve Ride the Rockies•June 15-17 to serve Ride the Rockies • June 22-24 to provide continuity of service; this is also Scandinavian Festival weekend. The Red, Blue and Silver Routes begin an hour earlier. The Red and Blue Routes will no longer be combined in the evening. The Brown Route begins two hours earlier to better serve camperscampers. Service ComparisonService Comparison Year Service Days Service No of RoutesYearService Days Service Hours No. of Routes 2012 88 4464 4 2011 79 2992 4 2010 68 1952 3 Proposed Shuttle RoutesProposed Shuttle Routes Red Route* 1. Visitor Center 2. Town Hall 3. Local’s Grill 11. Estes Park Condos 12. Boulder Brook 13 Stonebrook Resort 4. Ore Cart 5. Tregent Park Restrooms 6 West Park Center 13.Stonebrook Resort 14. Nicky’s Restaurant 15. 4 Seasons on Fall River 6.West Park Center 7. Riverwood 8. Timber Creek Chalets 16. Mountain Gate Condos on Big Horn Drive 17. Rocky Mountain Traders 9. McGregor Mountain Lodge 10. Fall River Visitor Center 18. Barlow Plaza 19. Visitor Center *Stops in red are new 30-minute roundtrip Proposed Shuttle RoutesProposed Shuttle Routes Blue Route* 1. Visitor Center 2. Budget Host 3 B W 9. Lake Front Street at Ranch Meadows 10 Lower Stanley Village3.Best Western 4. Grumpy Gringo 5. Lake Estes Marina 10. Lower Stanley Village 11. The Stanley Hotel 12. Mountain Gate Condos Bi H D i6. West of Olympus Lodge 7. KOA Campground 8.Rodeway Inn on Big Horn Drive 13. Rocky Mountain Traders 14. Barlow Plaza8.Rodeway Inn 15. Visitor Center *Stops in blue are new 30-minute roundtripStops in blue are new 30 minute roundtrip Proposed Shuttle RoutesProposed Shuttle Routes Brown Route* 1 Vi i C 12 Beaver Meadows Visitor 1.Visitor Center 2. Mary’s Lake Lodge 3. Mary’s Lake Campground 12.Beaver Meadows Visitor Center - RMNP 13. National Park Village 14 Intersection of Prospect 4. National Park Village 5. Alpine Trail Ridge Inn 6. Elk Meadow Lodge & RV Park 14.Intersection of Prospect Park Drive &West Riverside Drive 15 Crags Lodge entrance 7. YMCA entrance on Route 66 8. Estes Park Campground 9.Estes Park Center -YMCA 15.Crags Lodge entrance at Audubon Street and West Riverside Drive 16.Piccadilly Square9.Estes Park Center YMCA 10. Glacier Lodge 11. Rockmount Cottages 16.Piccadilly Square 17. Barlow Plaza 18. Visitor Center *Stops in brown are new 60-minute roundtrip Proposed Shuttle RoutesProposed Shuttle Routes Silver Route* 1. Fairgrounds Park-n-Ride 2.Visitor Center.Vs o Ce e 3. Solitude Cabins 4. Aquatic Center 5 Fi d P k Rid5.Fairgrounds Par k-n-Ride Note: The offices of Larimer County and the School District County and the School District on Brodie Avenue will be added as an “on-call” stop. *Stops in silver are new 15-minute roundtrip Map & Shuttle Stop SymbolsMap & Shuttle Stop Symbols 1 2 3 4 The Committee proposes using symbols and numbers rather thanThe Committee proposes using symbols and numbers rather than location names on the maps. This will reduce clutter on printed materials and give riders a clearer idea of the direction the routes run. The symbols will aid those who are “color-challenged.” In addition, the words “FREE SHUTTLE” on the front of each bus will be color-coded to match the route. The appropriate colored symbol will also be on the side of the bus. Another advantage is that if stops change in the future, the numbered signs can be re used by simply moving them to the newnumbered signs can be re-used by simply moving them to the new locations. This will reduce sign costs. Shuttle MapsShuttle Maps The map on the left was used in 2011. The map below will be the simplified base upon which the color-coded shuttle stop symbols will be added. This change will make the map much less cluttered, easier to explain, and easier for riders to understand. On the new map the shuttle schedules and p timing will be moved to the back along with the legend of stop locations. On the signage and maps the committee recommends incorporating Quick Response (QR) codes pgQ p(Q) allowing Smart Phone users direct access to information on the Town’s website. Committee Recommendations Committee Recommendations 1. Develop a Town policy for shuttle stops on private property. A. Would include terms and conditions, as well as the ridership levels required to qualify for and maintain the shuttle stop. B. Would apply to all stops on private property and would be a signed agreement between the private property owner and the Town. 2. Shuttle Committee to hold future meetings. A. Summer meetings to monitor the system. B. A meeting or meetings in September to analyze performance of the operation and suggest changes to be examined during the budget study sessions in October. 3. Begin looking at alternative funding sources so the Town doesn’t carry the entire burden of the shuttle system cost.   AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ________, 2012 by and between the Town of Estes Park (hereinafter referred to as the “TOWN”), and McDonald Transit Associates, Inc., located at 3800 Sandshell Drive, Suite 175, Fort Worth, Texas 76137 (hereinafter referred to as the “CONTRACTOR”). WITNESSETH WHEREAS, the TOWN desires the services of the CONTRACTOR to manage and operate a fixed route transportation service; and WHEREAS, the CONTRACTOR has the requisite personnel and experience, and is capable of managing and operating said service. NOW, THEREFORE, it is mutually understood and agreed by the TOWN and the CONTRACTOR as follows: ARTICLE 1. Complete Agreement A. This Agreement, including all exhibits and documents incorporated herein and made applicable by reference, constitutes the complete and exclusive statement of the term(s) and condition(s) of the agreement between the TOWN and the CONTRACTOR and it supersedes all prior representations, understandings and communications. The invalidity in whole or in part of any term or condition of this Agreement shall not affect the validity of other term(s) or condition(s). B. The TOWN’S failure to insist in any one or more instances upon the CONTRACTOR’S performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of the TOWN’S right to such performance or to future performance of such term(s) or conditions(s) and the CONTRACTOR’S obligation in respect thereto shall continue in full force and effect.   ARTICLE 2. TOWN DESIGNEE The Town Administrator or his/her designee shall have the authority to act for and exercise any of the rights of the TOWN as set forth in this Agreement. ARTICLE 3. STATEMENT OF WORK A. The CONTRACTOR shall perform the work necessary to complete in a manner satisfactory to the TOWN the services set forth in Exhibit A attached to and by this reference incorporated in and made a part of this Agreement. All services shall be provided at the times and places designated by the TOWN. B. The CONTRACTOR shall provide all operators, mechanics, and supervisors to perform the above-specified services. All key personnel under this agreement will be subject to the advice and consent process currently in place with the National Park Service. ARTICLE 4. TERM OF AGREEMENT A. This Agreement shall commence upon execution by both parties, and shall continue in full force and effect until December 31, 2012 (“Initial Term”), unless earlier terminated or extended as provided in this Agreement. B. The TOWN, at its sole discretion, may elect to extend the term of this Agreement for the 2013 Season, and thereupon require CONTRACTOR to continue to provide services, and otherwise perform, in accordance with Exhibit A. The TOWN shall notify the CONTRACTOR in writing on or before March 31, 2012 of its extension of the Agreement. C. The TOWN’s election to extend the Agreement beyond the Initial Term shall not diminish its right to terminate the Agreement for the TOWN’s convenience or CONTRACTOR’s default as provided elsewhere in this Agreement. D. If the service is to be provided for less than an entire month, the CONTRACTOR will invoice the TOWN for revenue hours for the month(s). ARTICLE 5. PAYMENT A. For the CONTRACTOR’s full and complete performance during the billing period of the Services under this   Agreement, the TOWN agrees to pay CONTRACTOR as set forth in Exhibit A. ARTICLE 6. NOTICES All notices hereunder and communication regarding the interpretations of the terms of this Agreement, or changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the United States mail, registered or certified mail, return requested, postage prepaid and addressed as follows: TO THE CONTRACTOR: TO THE TOWN: McDonald Transit Associates, Inc. Town of Estes Park 3800 Sandshell Drive, Suite 175 P O Box 1200 Fort Worth, Texas 76137 Estes Park, CO 80517 Attn: Robert Babbitt, President Attn: Town Administrator Phone: (817) 232-9551 Phone: (970) 577-3707 Fax: (817) 232-9560 Fax: (970) 586-2816 ARTICLE 7. INDEPENDENT CONTRACTOR The CONTRACTOR’s relationship to the TOWN in the performance of this Agreement is that of an independent contractor. The CONTRACTOR’s personnel performing services under this Agreement shall at all times be under the CONTRACTOR’s exclusive direction and control and shall be employees of the CONTRACTOR and not employees of the TOWN. The CONTRACTOR shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers’ compensation and similar matters.   ARTICLE 8. INSURANCE A. The CONTRACTOR shall procure and maintain insurance coverage during the entire term of the Agreement. Coverage shall be full coverage and not subject to self –insurance provisions. The CONTRACTOR shall provide the following insurance coverage: 1. Commercial General Liability, to include Premises/Operations, Contractual Operations, independent Contractors, and Personal Injury Liability with at least $5,000,000 of coverage; 2. Automobile Liability Insurance with the following limits: A. Combined Single Limit of $5,000,000 B. Uninsured/Underinsured Bodily Injury with limits of $25,000 per person; and C. Uninsured/Underinsured Bodily Injury with limits of $50,000 per accident; 3. Workers’ Compensation with limits as required by the State of Colorado 4. Employer’s Liability with limits of $1,000,000 B. Proof of such coverage, in the form of an insurance company issued policy endorsement and a broker-issued insurance certificate, must be received by the TOWN within ten (10) calendar days from the date of execution of the Agreement with THE TOWN, its officers, directors, employees, agents, and self-insurance pool (CIRSA) designated as additional insureds. Furthermore, the TOWN reserves the right to request certified copies of all related insurance policies. C. The CONTRACTOR shall furnish to the TOWN a broker-issued certificate of insurance showing the required coverage for the CONTRACTOR and further providing that: 1. The coverage shall be primary and noncontributory as to any other insurance with respect to performance hereunder; and 2. Thirty (30) days prior written notice of cancellation or material change in insurance coverage to be given to the TOWN. D. Governmental Immunity Act. The parties agree and understand that the TOWN is relying on and does not waive, by any provision of this Agreement, the monetary limitations or terms (presently One Hundred Fifty Thousand and 00/100 Dollars ($150,000) per person and Six Hundred Thousand and 00/100 ($600,000) per occurrence) or any other rights, immunities, and protection provided by the Colorado Governmental Immunity Act, Section 24-10-101, C.R.S., as from time to time amended, or otherwise available to the TOWN or any of its officers, agents, volunteers or employees. ARTICLE 9. CHANGES   By written notice or order, the TOWN may, from time to time, order work suspension or make changes in the general scope of this Agreement, including, not limited to, the services furnished to the TOWN by the CONTRACTOR as described in Exhibit A. If any such work suspension or change causes an increase or decrease in the price of the Agreement or in the time required for its performance, the CONTRACTOR shall promptly notify the TOWN thereof and assert its claim for adjustment within ten (10) days after the change or work suspension is ordered, and an equitable adjustment shall be negotiated. However, nothing in this clause shall excuse the CONTRACTOR from proceeding immediately with the agreement as changed. ARTICLE 10. NOTICE OF LABOR DISPUTE Whenever the CONTRACTOR has knowledge that any actual or potential dispute may delay performance of the Agreement, the CONTRACTOR shall immediately notify and submit all relevant information to the TOWN and assist the TOWN in developing a plan to continue service. ARTICLE 11. TERMINATION A. The TOWN may terminate this Agreement for its convenience any time, in whole or part, by giving the CONTRACTOR written notice thereof. Upon termination, the TOWN shall pay the CONTRACTOR its pro rata portion of its fee for services incurred to the date of termination. B. The TOWN may terminate Agreement for the CONTRACTOR’s default if a federal or state proceeding for the relief of debtors is undertaken by or against the CONTRACTOR, or if the CONTRACTOR makes an assignment for the benefit of creditors, or if CONTRACTOR breaches any term(s) or violates any provision(s) of this Agreement and does not cure such breach or violation within ten (10) calendar days after written notice thereof by the TOWN. The CONTRACTOR shall be liable for any and all reasonable costs incurred by the TOWN as a result of such default including, but not limited to, reprocurement costs of the same or similar services defaulted by CONTRACTOR under this Agreement.   ARTICLE 12. INDEMNIFICATION The CONTRACTOR shall indemnify, defend and hold harmless the TOWN, its officers, directors, employees, agents and self-insurance pool (CIRSA) from all losses, damages, claims for personal injury or damages to real or personal property to the extent caused by the CONTRACTOR’s negligence. The CONTRACTOR agrees to indemnify the TOWN against expenses, including reasonable attorney’s fees, and liability arising from any such claim or infringement provided the CONTRACTOR has the right to control the defense or settlement of any such claim in accordance with the following: (i) The CONTRACTOR, at its own cost and expense, shall indemnify, defend and hold harmless the TOWN from and against any and all claims, demands, actions, suits, damages, liabilities, losses and expenses (including reasonable attorney’s fees and disbursements) for personal injury or property damage asserted by third parties to the extent caused by the negligence or willful misconduct of the CONTRACTOR in connection with the CONTRACTOR’s performance, or failure to perform this Agreement hereunder (“Third Party Claims”). (ii) The TOWN shall promptly give written notice to the CONTRACTOR after obtaining knowledge of any potential or actual Third Party Claim against the TOWN as to which recovery may be sought against the CONTRACTOR because of the indemnity set forth in clause (i) above. (iii) The CONTRACTOR will have the right to defend the TOWN against any Third Party Claim with counsel mutually agreed upon by the CONTRACTOR and the TOWN. In addition: a) The TOWN may retain separate co-counsel at its sole cost and expense to monitor the defense of the Third Party Claim provided however, that the CONTRACTOR shall have the right to control the defense of such Third Party Claim in the CONTRACTOR’s sole discretion. b) The TOWN will not consent to the entry of any judgment or enter into any settlement with respect to such Third Party Claim without the prior written consent of CONTRACTOR; c) The TOWN shall cooperate with all reasonable requests of CONTRACTOR in connection with the defense of such Third Party Claim. (iv) To the extent reasonably possible, the TOWN shall use its good faith efforts to mitigate any losses which the CONTRACTOR is obligated to indemnify against pursuant to this indemnification paragraph.   ARTICLE 13. WARRANTY The CONTRACTOR represents that it is fully experienced and properly qualified to perform the services required for this Agreement and that it is properly licensed, equipped, organized, and financed to perform the Services. The CONTRACTOR warrants that all Services shall be in accordance with this Agreement and shall comply with the performance standards of Exhibit A. In the event of a breach of this warranty, the CONTRACTOR shall take the necessary actions to correct the breach and the consequences thereof, at the CONTRACTOR’s sole expense, in the most expeditious manner as permitted by existing circumstances. If the CONTRACTOR does not promptly take steps to correct the breach upon notification by the TOWN, the TOWN, without waiving any other rights or remedies it may have at law or otherwise, may do so or cause others to do so and the CONTRACTOR shall promptly reimburse the TOWN for all expenses and cost incurred in connection therewith. ARTICLE 14. ASSIGNMENTS AND SUBCONTRACTING Neither this Agreement nor any interest herein nor claim hereunder may be assigned by the CONTRACTOR either voluntarily or by operation of law, nor may any part of this Agreement be subcontracted by the CONTRACTOR, without the prior written consent of THE TOWN. Consent by THE TOWN shall not be deemed to relieve the CONTRACTOR of its obligations to comply fully with all terms and conditions of this Agreement. ARTICLE 15. FEDERAL, STATE AND LOCAL LAWS The CONTRACTOR warrants that in the performance of this Agreement, it shall comply with all applicable federal, state and local laws, statutes and ordinances and all lawful orders, rules and regulations promulgated thereunder, including, but not limited to, compliance with the Town's Title VI Program Policy set forth in Exhibit B attached to and by this reference incorporated in and made a part of this Agreement, ARTICLE 16. OWNERSHIP OF REPORTS AND DOCUMENTS The originals of all letters, documents, reports and other products and data produced under this Agreement shall be delivered to, and become the property of the TOWN. Copies may be made for the CONTRACTOR’s records but shall not be furnished to others without written authorization from THE TOWN. Such deliverables shall be deemed works made for hire and all rights in copyright therein shall be retained by the TOWN.   ARTICLE 17. PATENT AND COPYRIGHT INFRINGEMENT A. In lieu of any other warranty by the TOWN or the CONTRACTOR against patent or copyright infringement, statutory or otherwise, it is agreed that the CONTRACTOR shall defend at its expense any claim or suit against the TOWN on account of any allegation that any item furnished under this Agreement or the normal use or sale thereof arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and the CONTRACTOR shall pay all costs and damages finally awarded in any such suit or claim, provided that the CONTRACTOR is promptly notified in writing of the suit or claim and given the TOWN, information and assistance at the CONTRACTOR’s expense for the defense of same. However, the CONTRACTOR will indemnify the TOWN if the suit or claim results from: (1) the TOWN’s alteration of a deliverable, such that said deliverable in its altered form infringes upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by the CONTRACTOR when such use in combination infringes upon an existing U.S. letters patent or copyright. B. The CONTRACTOR shall have sole control of the defense of any such claim or suit and all negotiations for settlement thereof. The CONTRACTOR shall not be obligated to indemnify the TOWN under any settlement made without the CONTRACTOR’s consent or in the event the TOWN fails to cooperate fully in the defense of any suit or claim, provided, however, that said defense shall be at the CONTRACTOR’s expense. If the use or sale of said item is enjoined as a result of such suit or claim, CONTRACTOR, at no expense to THE TOWN, shall obtain for the TOWN the right to use and sell said item, or shall substitute an equivalent item acceptable to the TOWN and extend this patent and copyright indemnity thereto. ARTICLE 18. FORCE MAJEURE Either party shall be excused from performing its obligations under this Agreement during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control including, but not limited to: any incidence of fire, flood, strike; acts of God; commandeering of material, products, plants or facilities by the federal, state or local government; national fuel shortage; or a material act of omission by the other party; when satisfactory evidence of such cause is presented to the other party, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the party not performing.   ARTICLE 19. DEFAULT In the event either Party shall fail to observe or perform any of the terms and provisions of this Agreement and such failure shall continue for a period of ten (10) days after receipt of written notice from the non-defaulting party ("Default"), then the non-defaulting party may terminate this Agreement, provided however, that where such Default cannot reasonably be cured within such period, and the defaulting party has proceeded promptly to cure the same and is prosecuting such cure with diligence, the time for curing such Default shall be extended for an amount of time, not to exceed ten (10) days, as may be necessary under the circumstances to complete such cure. ARTICLE 20. COSTS Except as otherwise expressly provided above, each Party shall bear all of its own attorney's fees and other expenses related to this Agreement. ARTICLE 21. BINDING EFFECT This Agreement shall be binding upon, and shall inure to the benefit of the Parties hereto and their respective successors and assigns. ARTICLE 22. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado with venue in the District Court, Larimer County, Colorado. ARTICLE 23. SEVERABILITY In the event any term, covenant or condition of this Agreement, or the application of such term covenant or condition, shall be held invalid as to any person or circumstance by any court having jurisdiction, all other terms, covenants and conditions of this Agreement shall not be affected thereby, but shall remain in force and effect unless a court holds that the invalid term, covenant or condition is not separable from all other terms, covenants and conditions of this Agreement.   ARTICLE 24. WAIVER No delay or omission by either Party to exercise any right or power occurring upon non-compliance or failure of performance by the other Party shall impair that right or power or be construed to be a waiver. A waiver by either Party of any of the covenants, conditions or Agreements to be performed by the other Party shall not be construed to be a general waiver. ARTICLE 25. INTEGRATED AGREEMENT AND AMENDMENTS This Agreement is an integration of the entire understanding of the parties with respect to the matters set forth herein. The parties shall only amend this Agreement in writing with the proper official signatures attached thereto. Article 26. WORK BY ILLEGAL ALIENS PROHIBITED A. CONTRACTOR hereby certifies that, as of the date of this Agreement, it does not knowingly employ or contract with an illegal alien and that CONTRACTOR 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. CONTRACTOR shall not knowingly employ or contract with an illegal alien to perform works under this Agreement or enter into a contract with a subcontractor that fails to certify to CONTRACTOR that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. C. CONTRACTOR hereby certifies that it has verified or attempted to verify through participation in the Program that CONTRACTOR does not employ any illegal aliens and, if CONTRACTOR is not accepted into the Program prior to entering into this Agreement, that CONTRACTOR shall apply to participate in the Program every three (3) months until CONTRACTOR is accepted or this Agreement has been completed, whichever is earlier. D. CONTRACTOR is prohibited from using Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed.   E. If CONTRACTOR obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, CONTRACTOR shall be required to: i. notify the subcontractor and the TOWN within three (3) days that CONTRACTOR 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 Contractor 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. CONTRACTOR 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 Article 17.5 of Title 8 C.R.S. G. If CONTRACTOR violates this paragraph, the TOWN may terminate this Agreement for breach of contract. If this Agreement is so terminated, CONTRACTOR shall be liable for actual and consequential damages to the TOWN. This Agreement shall be effective upon execution by both parties.   IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written. McDONALD TRANSIT ASSOCIATES, INC. By____________________________________ Robert T. Babbitt, President TOWN OF ESTES PARK By____________________________________ Bill Pinkham, Mayor ATTEST: ________________________________ Town Clerk   Exhibit A Town of Estes Park 2012 Proposal   Proposal 9 June 15,16 &17, June 22, 23 & 24 (6 Days) BLUE 12:00 pm - 10:00 pm 10.00 hours per day Total hours: 60 $43.33 $2,599.80 RED 12:00 pm --10:00 pm 10.00 hours per day Total hours: 60 $43.33 $2,599.80 TOTAL: 20 hours @ 6 days 120 Total hours: 120 $5,199.60 Lease Costs: 1 cutaway @ $2875 each per month (15 pass. Non ADA) RMTM to handle all lease arrangements 1 wheelchair accessible cutaway @ $1750 per month (20 pass. ADA Compliant) both gasoline powered for Shopper shuttles. 2012 rate = $43.33 per hour for 120 additional hours= $5199.60 June 15,16 &17, June 22,23&24 (6 Days) SILVER: 12:00 pm - 10:00 pm 10.00 hours per day Total hours: 60 $43.33 $2,599.80 Silver/Fairgrounds Route TOTAL: 10 hours @ 6 days 60 Lease Costs: 1 cutaway @ $2875 each per month (15 pass. Non ADA) This loop would be run at 15 minute intervals Visitor Center to Solitude Cabins to Aquatic Center to Transit Hub and back to Visitor Center. 2012 rate = $43.33 per hour for 60 additional hours= $2599.80 Silver Shuttle: TOTAL: $2599.80 for additional 6 days 6 Day Total all Routes: $7,799.40 June 29 thru September 9 73 days BLUE 9:00 am - 10:00 pm 13 hours per day Total hours: 1650 $65.22 $107,613.00 RED 9:00 am --10:00 pm 13 hours per day Total hours: 248 $43.33 $10,745.84 TOTAL: 26 hours @ 73 days 1898 Total hours: 1898 $118,358.84 Lease Costs: 1 cutaway @ $2875 each per month (15 pass. Non ADA) RMTM to handle all lease arrangements 1 wheelchair accessible cutaway @ $1750 per month (20 pass. ADA Compliant) both gasoline powered for Shopper shuttles.   June 29 thru September 9 73 days BROWN: 8:00 am - 9:00 pm 13 hours per day Total hours: 949 $43.33 $41,120.17 TOTAL: 13 hours @ 73 days 949 Lease Cost: 1 cutaway @ $3195 per month (25 pass.Non ADA compliant) gasoline powered for Brown route TOTAL: 949 hours 2012 rate = $65.22 per hour for first 1650 hours= $107,613 $43.33 per additional hours over 1650= 1377 hours $59,665.41 TOTAL Blue, Red, Brown: $159,479.01 June 29 thru September 9 73 days SILVER: 9:00 am - 10:00 pm 13 hours per day Total hours: 949 $43.33 $41,120.17 TOTAL: 13 hours @ 73 days 949 2012 rate = $43.33 per hour for 949 hours= $41,120.17 Silver Shuttle: TOTAL: $41,076.84 Season Total: $208,398.58 Lease Costs: 1 cutaway @ $2875 each per month (15 pass. Non ADA) This loop would be run at 15 minute intervals Visitor Center to Solitude Cabins to Aquatic Center to Transit Hub and back to Visitor Center. ADDITIONAL APPROXIMATE COSTS: Lettering Vehicles: $250 per vehicle Wrapping decals $600 per vehicle 10 days additional cost pickup and return vehicles: $100 per day per vehicle (IF NEEDED) Additional mileage over 6,000 per vehicle is .50 cents per mile. Town of Estes Park is responsible for any fuel costs over $2.50 per gallon (2011 cost $7185)   Hours Amount CURRENT SYSTEM: SHOPPER: 1659 $108,002.97 2011 BROWN: 869 $37,653.77 SILVER: 948 $41,120.17 3476 $186,776.91 ADDITIONAL : Lettering $750.00 Charters $5,355.00 Fuel Surcharge $7,185.00 Maps & Signs Lease Costs: 3 cutaway @ $2750 each per month $24,750.00 Lease Costs: 1 cutaway @ $1750 each per month $5,250.00 TOTAL: $230,066.91 PROPOSED 2012 SHOPPER: 2018 $123,558.44 Platform hours per day: 52 BROWN: 949 $41,120.17 Cost per hour $43.33 SILVER: 1009 $43,719.97 Addl cost per day $2,253.16 3976 $208,398.58 ADDITIONAL Lettering $750.00 Charters $11,744.80 Fuel Surcharge $9,000.00 2011 Budget: $204,772.00 2012 Budget: $266,089.60 Lease Costs: 2 cutaway @ $2875.00 each per month $17,250.00 Difference: $61,317.60 Lease Costs: 1 cutaway @ $1750 each per month $5,250.00 Lease Costs: 1 cutaway @ $3195.00 each per month $9,585.00 TOTAL: $261,978.38       Exhibit B Title VI Program Policy   TITLE VI PROGRAM POLICY Effective: February 10, 2011 Reference: FTA Circular 4702.1A Title VI and Title VI Dependent Guidelines for Federal Transit Administration Recipients. Purpose: The purpose of this policy is to establish guidelines to effectively monitor and ensure that the Town of Estes Park is in compliance with regard to Federal Transit Administration requirements. Policy: Effective February 10, 2011, the Town will ensure that its programs, policies, and activities comply with the Federal Transit Administration (FTA) requirements. The Town of Estes Park is committed to creating and maintaining transit service that is free of all forms of discrimination. The Town will take whatever preventive, corrective and disciplinary action is necessary for behavior that violates this policy or the rights and privileges it is designed to protect. Required to provide an annual Title VI certification and assurance. To ensure compliance with the Federal Transit Administration requirements, every application for financial assistance from FTA must be accompanied by an assurance that the applicant will carry out the program in compliance with Title VI of the Civil Rights Act of 1964. This requirement shall be fulfilled when the applicant submits its annual certifications and assurances to FTA. The text of FTA's annual certifications and assurances is available on FTA's Web site. The Town of Estes Park complies with this instruction annually in order to receive FTA funding. Required to notify beneficiaries of protection under Title VI. In order to comply with 49 CFR Section 21.9(d), the Town shall make available to participants, beneficiaries and other interested persons information regarding its Title VI obligations and to apprise such persons of the protections against discrimination afforded to them by Title VI. The Town has information on its web site www.estes.org as well as signage posted on all buses and on transit bus schedules. Title VI Program Policy 21 Date: February 10, 2011 Required To Develop Title VI Complaint Procedures. In order to comply with 49 CFR Section 21.9(b), recipients shall develop procedures for investigating and tracking Title VI complaints filed against them and make their procedures for filing a complaint available to members of the public upon request. Complaints will be taken by the Title VI Complaint Coordinator (Assistant Town Administrator) who then categorizes, tracks, develops responses. Required to record Title VI investigations, complaints and lawsuits. In order to comply with 49 CFR Section 21.9(b), recipients shall prepare and maintain a list of any active investigations conducted by entities other than the FTA, lawsuits, or complaints naming the recipient that allege discrimination on the basis of race, color, or national origin. This list shall include the date of the investigation, lawsuit, or complaint was filed; a summary of the allegation(s); the status of the investigation, lawsuit, or complaint; and actions taken by the recipient in response to the investigation, lawsuit, or complaint. The Title VI Complaint Coordinator (Assistant Town Administrator) maintains these files. Lawsuit files are maintained by the Human Resource Department. Required to provide meaningful access to Limited English Proficient (LEP) persons. Title VI and its implementing regulations require that FTA recipients take responsible steps to ensure meaningful access to the benefits, services, information, and other important portions of their programs and activities for individuals who are Limited English Proficient. Town of Estes Park's current web site, transit bus schedules and brochures all have their English written material available in Spanish. Required to provide additional information upon request. At the discretion of the FTA, information other than that required by the referenced circular may be requested, in writing, from a recipient in order to investigate complaints of discrimination or to resolve concerns about possible noncompliance with Title VI requirements. The Title VI Complaint Coordinator (Assistant Town Administrator) is available to provide additional information as needed and to respond to any inquiry. Required to prepare and submit a Title VI Program. FTA requires recipients to report certain general information to determine their compliance with Title VI. The collection and reporting of this program constitute the recipients' Title VI Program. To ensure compliance with 49 CFR Section 21.9(b), FTA requires that all recipients document their compliance with this chapter by submitting a Title VI Program to FTA's regional civil rights officer once every three years. Title VI Complaint Procedures 1 Date: February 10, 2011 Discrimination Any act or omission of an act which would prevent the use of or exclude a person from access to public transportation based on, but not limited to, race, sex, disability, or religion. Responsibilities All employees of the Town of Estes Park shall follow these guidelines. Any Town employee receiving information regarding violations of this policy shall contact the Assistant Town Administrator as soon as possible to report any violation of this policy. Public Works Director Responsibilities A. Ensure that there are no barriers to service or accommodation that would prevent public transit usage or access. B. Train subordinates as to what constitutes discrimination and barriers to access. C. Take prompt and appropriate action to avoid and minimize the incidence of any form of discrimination. D. The Assistant Town Administrator shall investigate all complaints pursuant to the Civil Rights Complaint Procedure for Public Transportation. TITLE VI PROGRAM POLICY Civil Rights Complaint Procedure Public Transportation Investigation of Complaints and Appeal Process Various methods of resolution exist. If a customer feels that her/his accommodation request and/or access to public transportation was denied, s/he may file a complaint through the following process: 1) Request and submit a Title VI Civil Rights Complaint Form 2) Phone the administration office at (970) 577-3701and report the complaint 3) E-mail the complaint to the Assistant Town Administrator townadmin@estes.orq. 4) Come in to the administration office located in the Town Hall at 170 MacGregor Avenue, Estes Park, CO. 80517 5) Mail written complaint to Town of Estes Park, Assistant Town Administrator, P.O. Box 1200, Estes Park, CO. 80517 The Assistant Town Administrator will investigate the complaint and make a determination. Formal investigation of the complaint will be confidential and will include, but is not limited to, details of the specific incident, frequency and dates of occurrences and names of any witnesses. Customer will be notified of the resolution of the complaint. If the customer is not satisfied with the resolution of his/her complaint, an appeal process is available. The appeal must be filed in writing within sixty (60) calendar days of the incident. The written appeal must include the customer's name, address, telephone contact number, and a statement of reasons why the denial of an accommodation request or access to public transportation was inappropriate. The Town Administrator shall hear the appeal. The appeal will be set at a mutually agreed upon time and place for review of the appeal with the complainant or the complainant's representative within thirty (30) days of the appeal request. The complainant may submit any documents to be included within the record and considered in the appeal process. Following the review, the Town Administrator shall make a decision in writing and provide the same to the complainant. 1 February 10, 20 EP Title VI Civil Rights Complaint Form Section I Name: Address: Street City State Zip Telephone Numbers: Home: _____________________ Work: _________________ Other: E-Mail Address: Accessible Format Requirements? Large Print: Yes No ______________ Other: ________________________________ The Federal Transit Administration (FTA) Office of Civil Rights is responsible for civil rights compliance and monitoring, which includes ensuring that providers of public transportation properly abide by Title VI of the Civil Rights Act of 1964, Executive Order 12898, "Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations", and the Department of Transportation's Guidance to Recipients on Special Language Services to Limited English Proficient (LEP) Beneficiaries. Section II: Are you filing this complaint on your own behalf? Yes _________ No (If you answered "yes" to this question, go to Section III) If not, please supply the name and relationship of the person for whom you are complaining: Name: ___________________________ Relationship: ________________________ Please explain why you have filed for a third party. _______________________________ Please confirm that you have obtained the permission of the aggrieved party if you are filing on behalf of a third party. Yes _________ No _____________ Section III Have you previously filed a Title VI complaint with Town of Estes Park? Yes ______ No If yes, what was the date of the filing? _______________________________ (Note: This information is needed for administration purposes; we will assign the same complaint number to the new complaint.) Have you filed this complaint with any of the following agencies? Yes _________ No ______ (If you answered yes, who did you file the complaint with?) Federal Transit Administration: _____________ U. S. Department of Transportation: ________ Colorado Dept. of Transportation: ___________ Department of Justice: Equal Employment Opportunity Commission: Have you filed a lawsuit regarding this complaint? Yes _________ No ________ If yes, please provide a copy of the complaint form. (Note: This above information is helpful for administrative tracking purposes. However, if litigation is pending regarding the same issues, we defer to the decision of the Court). Section IV: Name of public transit provider complaint is against: Contact Person: Title: Telephone Number: On separate sheets, please describe your complaint. You should include specific details such as names, dates, times, route, witnesses and any other information that would assist us in our investigation of your allegations. Please also provide any other documentation what is relevant to this complaint. Section V: Please sign here: _______________________________________________ Date: _ (Note: We cannot accept your complaint without a signature) Please mail your completed form to: Town of Estes Park Assistant Town Administrator P.O. Box 1200 Estes Park, Colorado 80517 ENGINEERING Memo To: Honorable Mayor Pinkham Board of Trustees Interim Town Administrator Richardson From: Scott Zurn, P.E., Director of Public Works Date: March 7, 2012 RE: Real Time Passenger Information System (RTPIS) Contract Background: When the Town of Estes Park applied for grant funding through the Federal Highway Administration (FHWA) to help finance the construction of the Transit Hub Parking Lot improvement project, it included language in the intergovernmental agreement (IGA) for the purchase and implementation of Intelligent Transportation Systems (ITS) equipment and software to better serve public transportation (transit) users. The project team (Public Works staff and consulting firms FHU and Iteris) performed an in depth research of contractors/vendors that could provide accurate “real-time” information to transit (bus) riders for the four Estes Park bus routes. The system will also include the two existing Rocky Mountain National Park (RMNP) “hiker” shuttles along with other Park routes should RMNP choose to participate in the program. The purpose and goal of implementing a Real Time Passenger Information System (RTPIS) is to provide improved customer service by giving riders accurate information about where shuttles are and their estimated time of arrival at stops; increase ridership by increasing passenger satisfaction and trust in the system as a result of more accurate reporting; and provide increased awareness of the Estes Park (and RMNP) shuttle service through display monitors (map of routes and schedules) at the Convention and Visitors Bureau (CVB) and the Fairgrounds Park & Ride (Transit Hub Parking Lot) bus shelter, through the “Estes Park Transit” web site that will show real- time bus locations and schedules, and through electronic portable devices (Smart phones and tablets) allowing passengers to track bus locations. This will allow both visitors and residents to better plan their trips commuting in and around Estes Park and to encourage use of public transportation thus helping to reduce vehicle congestion. Two vendors, NextBus and Connexionz, submitted proposals for Estes Park’s RTPIS (aka Transit Traveler Information System). A comparison was made on how each company calculated, supplied and managed it’s Prediction Model, Equipment, Web Site Hosting, Data Ownership, Information Dissemination, Bus Fitment (antenna and GPS receiver/transmitter), Transit Information Management, Computer-Aided Dispatch, and costs. The project team, along with input from RMNP and CDOT, then determined that Connexionz would provide the most accurate, reliable and cost effective RTPIS for Estes Park and ultimately RMNP. Due to the vendor, Connexionz, Ltd., providing the Town of Estes Park a proprietary product and it being paid with federal funds, Estes Park has submitted to the Colorado Department of Transportation Region 4, and received approval of, CDOT FORM 1381 PROPRIETARY ITEM – FINDING IN THE PUBLIC INTEREST (FIPI). This process has saved a considerable amount of time and will allow for the installation and implementation of equipment and software for the RTPIS to be fully operational by the end of May. A copy of the approved FIPI and justification is included for your review. Town Attorney Greg White has reviewed and approved the Real Time Passenger Information System (RTPIS) Contract Agreement between the Town and Connexions, Ltd. Budget: The Town of Estes Park through the Intergovernmental Agreement (IGA) between it and the Federal Highway Administration (FHWA) is authorized to spend monies from the Congestion Mitigation and Air Quality (CMAQ) program grant for the Estes Park Transit Hub Parking Lot Improvement project, Federal Aid Project AQC M-405-014 (Construction Project Code No. 17849), on Intelligent Transportation Systems (ITS) for public transportation. Of the remaining $103,675.18 of funds in the $1,409,040 budget, the Town of Estes Park has designated $81,500.00 for the purchase and deployment of a Real Time Passenger Information System (RTPIS) manufactured and supplied by Connexionz, Ltd. Staff Recommendation: It is the recommendation of staff that the Town of Estes Park contract with Connexionz, Ltd. for the provision, installation and deployment of a Real Time Passenger Information System (RTPIS) as described above and in the attached Contract Agreement (including Exhibit 1 – Connexionz price proposal and Transit Manager V4.5 General System Description). Sample Motion: I move for the approval of the Contract Agreement between the Town of Estes Park and Connexionz, Ltd. for the provision, installation and deployment of a Real Time Passenger Information System (RTPIS) for the total lump sum cost of $81,500.00 as detailed in the agreement and attachments. Town of Estes Park, Colorado Transit Hub Parking Lot Federal Aid Project No. AQC-M405-014 Construction Project Code No. 17849 CDOT Form 1381 Proprietary Item – Finding In the Public Interest (FIPI) Justification Synchronization After reviewing real-time transit traveler information alternatives, including costs, the project team has determined that the solution proposed by Connexionz best meets the project’s needs. The Connexionz solution should be procured as soon as possible in order to have it operational and available to travelers when the Town of Estes Park’s shuttle service begins its seasonal service in June, 2012. Given the timeframe, a sole source contract is the most efficient procurement mechanism to provide this valuable service to the public for the entire 2012 shuttle season. No Equally Suitable Alternative Exists The project team evaluated solutions from several vendors for providing transit traveler information for the Town of Estes Park shuttle system and transit hub/parking lot. It was determined that the vendor Connexionz provides the only solution that, as proposed, meets each the following project needs: - Mature and proven technology – Connexionz has deployed their solution in several countries and several states within the U.S. - Arrival Time Estimation – Connexionz has a more accurate predictive model than other evaluated vendors. The model is relied on to provide accurate predictions of when buses will reach each stop. Other vendor solutions use less real-time data to generate predictions. The project team determined that Connexionz’ accuracy is essential because buses in Estes Park frequently deviate from their published schedules as a result of traffic congestion. - Transit System Management – As part of its real-time transit traveler information system, Connexionz provides tools to help manage shuttles from a central location. These include real-time monitoring of bus locations, notification of buses ahead of or behind schedule and the ability to send text messages to drivers. These are tools that the Town does not currently have and that will improve the shuttle service. - Ability to Incorporate Rocky Mountain National Park Shuttles – The Connexionz solution has the ability to incorporate the shuttles operated by the National Park in the future. Buses from both services would be tracked and displayed to the public. This will improve the public’s awareness of and ability to use both services. It will also eliminate the complexity and cost of deploying a second transit traveler information system. - Real-time data feed – Connexionz’ solution includes a real-time data feed that can be used by third parties, such as Google and 511 systems, to broadcast Town of Estes Park real-time transit information. This expands the number of ways the public can view transit information. Project Costs and Grant Funding Impacts The Town of Estes Park through the Intergovernmental Agreement (IGA) between it and the Federal Highway Administration (FHWA) is authorized to spend monies from the Congestion Mitigation and Air Quality (CMAQ) program grant for the Estes Park Transit Hub Parking Lot Improvement project, Federal Aid Project AQC M- 405-014 (Construction Project Code No. 17849), on Intelligent Transportation Systems (ITS) for public transportation. There is $103,675.18 of remaining funds in the $1,409,040 budget and the Town of Estes Park wishes to appropriate $81,500 of these remaining funds for the purchase and deployment of a Real Time Passenger Information System (RTPIS) manufactured and supplied by Connexionz, Ltd. Enclosed, for your review, is the Connexionz price proposal dated 9th February 2012 and the Transit Manager V4.5 General System Description. Murray McBride, PE Project Manager Town of Estes Park Public Works & Utilities Departments P.O. Box 1200 Estes Park, Colorado 80517 Connexionz Ltd P.O.Box 36 248 Christchurch 8024 NEW ZEALAND 9th February 2012 Dear Murray, Thank you for providing Connexionz with the opportunity to submit a proposal in response to a request from the Town of Estes Park for a priced Real Time Passenger Information System (RTPIS) solution. The Solution Supply of a fully integrated and turnkey Connexionz TransitManager RTPIS system supporting the following functionality and benefits:  A fully integrated Computer Aided Dispatch and Automatic Vehicle Location platform.  Fully automated single point driver logon (no dispatch staff required).  An intuitive and highly proven arrival prediction module which uses a linear regression model for generating arrival predictions for every stop in a Customer’s network.  Route Planning software. Plan bus routes using the user friendly and intuitive planning application and then import them into Dispatch when route or stop changes need to be made.  Provision of a real time data feed including a Google transit feed (GTFE). Data feed can be used to provide real time information to Smart Phone applications, IVR services and other public information systems.  Provision of a public real-time bus stop web site.  Ability to interface with any industry compliant (J1708/ J1939 ) third party equipment (CCTV, engine management, electronic onboard signs, multimedia).  Location based messaging upgrade available. Install LCD screens (pricing available upon request) and the Connexionz Media Player for location based messages such as video, images and presentations - ideal for tourist locations.  Future, optional integration with Mobile Data Terminal capable of supporting text messaging and VoIP services.  Provision of 2 x 2 line LED VMS or 32” Outdoor LCD displays (mounts and installation not included).  A fully hosted solution, with fully redundant servers located in Dallas, Texas .  Remote train the trainer service.  5 years of licensing, hosting and remote support.  12 month warranty of all hardware and software .  Installation of all onboard equipment.  System fully configured remotely by Connexionz engineers The TransitManager suite of applications and onboard equipment being proposed to Estes Park has been carefully selected in order to ensure that the solution is capable of being upgraded at a later date to include a range of advanced vehicle functionality. I believe this would offer the customer the benefits of future-proofing the solution, as opposed to offering a simple cellular tracking modem which would mean the customer would need to spend many tens of thousands of dollars in the future should they wish to upgrade their fleet to support a wider range of ITS technologies including, but not limited to Automatic Passenger Counters, Automatic Stop Announcements, onboard sign control, multimedia entertainment and WiFi access for passengers. I understand that Este Park would like to have the system in service by early May; I’m confident this is achievable providing that we receive valid service data and have a contract in place within the very near future. Assumptions  Stop data geo co-ordinates are made freely available to Connexionz and are accurate and correctly formatted (Connexionz can advise). Connexionz will supply a survey manual to assist with the correct undertaking and registerin g of stop location surveys. Data supplied in a GTFE format is also welcome.  Customer vehicles are 24VDC and have suitable space onboard to mount and locate equipment. Installation We’ve carefully selected a local partner in Linkmont who are based in Denver. Linkmont, a DBE certified business, is experienced in the installation of a wide range of onboard equipment for agencies including Colorado State Police and the Regional Transit District (RTD). Linkmont will undertake all installations of onboard equipment onto Estes Park’s fleet of buses on behalf of Connexionz. The onboard equipment will consist of a cellular modem from Verizon or AT&T (customer’s choice, customer pays for all cellular charges, which I’d estimate to be more than $10 per vehicle per month) and an Enhanced Vehicle Functionality (EVF) unit for each vehicle to be tracked and a GPS antenna. We haven’t included any poles or other potential mounting options for either the LED Variable Message Signs (VMS) units or 32” LCD screens. We’re happy to help with either, so please let me know if you require any assistance. The LCD screens will be supplied with our Twister module, which is an AV ‘brain in a box’. It will be responsible for managing the content displayed on the LCD screens as we recently discussed. The Twister will require an Ethernet connection in order for real time service information and operator messages to be displayed on the LCD screens. We’ll take care of all initial system configuration and importation of necessary data to our test servers before going live, with your approval. We’re also a friendly bunch of individuals who are happy to help, so rest assured that after system delivery we’ll still be around to answer any operational or functional questions and lend a hand. In support of this letter is a general system description and pricing sheet for consideration. I hope both yourself and your colleagues at Estes Park will agree that the proposed TransitManager hosted RTPIS solution is a competitively priced, feature rich, leading edge RTPIS solution. I know I can speak on behalf of all here at Connexionz in saying that we’re excited about the potential prospect of having a reference site in such an idyllic corner of Colorado. Thanks again and please don’t hesitate to contact me should you have any questions. Yours sincerely, Rhod Pickavance Vice President of Sales Authorised Representative For and on behalf of Connexionz Ltd Telephone 661 451 1005 Ext 823 Email Rhod.Pickavance@connexionz.co.nz Estes Park RTPIS Work Items Unit Cost Quantity Total Comments Onboard Equipment 1 Cellular Modems and EVF. $1,459 4 $5,836 2 GPS Antenna and wiring. Includes installation of all onboard equipment. $580 4 $2,320 Services 3 Validation of GTFS data and importation into TransitManager. Includes system configuration and generation of route and stop maps for CAD and public. $15,000 1 $15,000 Proposal based upon 4 routes, 4 buses and 43 stops. 4 LED screens (32" weatherproof, sourced from Nevada). $2,300 2 $4,600 Includes configuration and external processing unit. 5 Creation of 'Estes Park Transit' public stop website. $15,000 1 $15,000 Includes generation of public server realtime feeds for third party information systems, including smartphones and electronic displays. Maintenance 6 System support and remote support for 5 years. $28,250 Hosted RTPI Service 7 6 Months per annum. 1 $10,494 8 12 Months per annum. 1 $18,704 *Optional. Is not included in Total Price Total $81,500 Pricing includes  5 year hosted service of Connexionz TransitManager ITS applications.  Initial system configuration, where GTFS data is valid.  Remote maintenance - includes system configuration support (not the generation of new route, stop or service related data, which can be undertaken locally using provided Route Planner tool).  Installation of all onboard equipment.  Shipping and customs duty (where applicable).  5 year system monitoring from Connexionz Network Operations Centre. Pricing Excludes  Spare parts. Connexionz recommends that Estes Park consider s purchasing 1 x spare set of complete onboard equipment to be stored locally in order to minimize downtime in the unlikely event of equipment failure .  Local or Federal tax.  Installation of LED VMS or LCD displays. Warranty  Equipment hardware covered by 12 month return to base warranty. Replacement parts will be supplied at cost + for 5 year cont racted period. Validity  30 days from 10th February 2012. CONNEXIONZ TRANSITMANAGER 1 | P a g e Transit Manager V4.5 General System Description January 2012 CONNEXIONZ TRANSITMANAGER 2 | P a g e Dispatch and AVL System Connexionz Dispatch application is the day- to-day interface for dispatch, customer service and supervisory staff and allows each user to see what is happening in real time, as well as what happened earlier in the day or up to 120 day before. Vehicle information is presented to transit operational staff in a way that enables them to instantly and accurately monitor and manage the fleet’s activity. Vehicles can be seen on a GIS map or in list view where multiple buses can be seen along with other service related information. Daily functions are controlled through the Dispatch interface including vehicle activation - logon, managing break down, assist trips, and even finding a bus in the yard. The Dispatch tool enables  Dispatch staff to monitor every service/vehicle in real time so dispatchers can instantly know when a bus has started a trip early, turned off route, or they can see all the buses that are running out of the accepted operating rule for that trip.  Customer service staff who field passenger inquires can now speak with confidence about what is happening, where the bus is, where it was and how far from their bus stop.  Supervisory staff can monitor whole trips rather that at just one timing point, individual drivers can be monitored, and the information is stored for review. The Dispatch application is accessed over the Internet a using remote desktop connection (RDP) thin client, meaning the information can be accessed by any approved person via the customer’s network and/or remotely via wireless networks when out of the office. Supervisory and management staff can also access the system when on the road via 3G cellular broadband networks. Functionality The Dispatch interface displays information based on block (interlinked trips), vehicle, route and duties/roster thereby making identifying who, what, and where easy. This information CONNEXIONZ TRANSITMANAGER 3 | P a g e is displayed in both tabular and map views and can be user configured to present the information of interest to each specific operator. Fleet Visibility The Dispatch application opens by default as shown in Figure 11 with a menu selection tree in the left hand side box. In Figure 11, the route is selected in the menu tree and all vehicles currently being tracked are displayed in list form in the upper right hand window and in the lower right hand window are the trip details for block 7819, vehicle 084, running the service route Orbiter. The vehicle selected is highlighted in the main body of the window. This screen is the most commonly used and viewed for fleet managemen t purposes as the entire transit network is visible at a glance, and is quickly interpreted. Figure 1: Dispatch screen in vehicle list view In the view below, route 15 Bishopdale is displayed and the specific trip 8659 is displ ayed in map view showing the bus running, with the detail screen in stacked mode. CONNEXIONZ TRANSITMANAGER 4 | P a g e Figure 2: Dispatch screen in route with map view Dispatch also provides individual vehicle current speed. In the screen shot below, the GIS map view displays the miles per hour for two selected buses. CONNEXIONZ TRANSITMANAGER 5 | P a g e Figure 3: Dispatch GIS map view with vehicle speed As with all map views, the window can be zoomed in and out using a scrolling wheel mouse or the tool bar in the lower right hand of the map window. Determining the current position of all vehicles – either in real time (i.e. now) or a specific period of time (i.e. between 0600 and 0610) is also done in the context map. CONNEXIONZ TRANSITMANAGER 6 | P a g e Depot Map (optional) Each operator has the ability to select a depot map view of the vehicles in their yard, as illustrated in the screen shot below. For large depots this functionality allows dispatchers to determine and assign vehicles on a “first off the rank” basis saving time by avoiding the need to walk the yard to locate each bus position. Figure 4: Operator depot map Schedule Adherence The most useful function of the Dispatch interface is the ability to quickly determine current (i.e. in real time) schedule adherence. Managers and Dispatchers can very quickly scan their screens to establish the status of one or all of their buses currently running trips. In the Dispatch table-list view screen, the trip time elapsed function is shown in the route position window mid-screen and provides an immediate visualization of whether trips are ahead of or behind schedule. In the screen shots below, the gray lower bar is the “scheduled”position the vehicle should be in, and the upper green bar is the vehicle’s actual reported position. Figure 5: Dispatch screen in schedule adherence view CONNEXIONZ TRANSITMANAGER 7 | P a g e For clarity the schedule adherence route position bar is expanded below: Vehicle on route, ahead of schedule Vehicle on route, behind schedule Figure 6: Adhead of schedule indicator Figure 7: Behind schedule indicator If the route position display color is RED, the vehicle is Not Detected (as shown below). This can happen because of a temporary communication coverage issue or when equipment is not working. If the display color is YELLOW, it means the vehicle is“Off Route”this can happen because of an unplanned detour to avoid an accident etc. Figure 8: Vehicle not detected indicator Users can display their views in either a list type view or a map view of trips. These examples show the detail window docked to the right in normal MS Windows type layout, but the windows can also be stacked if required. TAB 2 - SYSTEM FUNCTIONALITY 8 | P a g e Figure 9: Trip list screen layout in table view TAB 2 - SYSTEM FUNCTIONALITY 9 | P a g e Figure 10: Trip list screen in detail view with GIS map TAB 2 – SYSTEM DESCRIPTION 10 | P a g e Connexionz RoutePlanner TransitManager needs to pull together information on routes, bus s tops, traffic intersection configurations, buses and schedules. This information needs to be constantly managed as the data is changing as new routes are added or modified, bus stops moved, and intersection configurations altered. In order to maintain conf idence in the system these changes need to be communicated to the TransitManager as they happen. RoutePlanner is a GIS software tool that allows transport planners to configure and maintain the static information needed for the system. Existing routes can be imported into RoutePlanner, and new routes built and configured by planners that in turn can be exported to other applications. RoutePlanner greatly simplifies the time needed to design and implement new routes. Initial setup information can be imported from Google Transit data or from Scheduling system like Trapeze, Hastus etc. RoutePlanner also produces driver turn sheet in MS Word format. RoutePlanner can also be used as an asset management system, to store bus stop information such as shelters, seat information, and other relevant information. When a bus stop moves the update can be entered directly into the system and the appropriate adjustment can be made to the other applications that use this data such as public web map, Google Transit, etc. Using RoutePlanner’s map view, the route is highlighted and provides a list view of platforms along the route with a separate properties pane showing the details of the selected route. A context menu allows new items to be created and modified, and the symbols displayed on the tree depending on whether the item is a route or a sign. Managing Routes The screen shot below shows the route menu tree expanded and the route pattern“3sumn_ahead”selected. The check box and pencil icon indicates that this is the route being managed. In the right side main window the route path is viewable at a 2km scale. The lower left pane is the detail of the route pattern including direction, destination group, date the schedule applies to, and the journey details. In the lower right pane are two tabs, Platforms and Signs. (Note: A platform is defined as a designated point where passengers can board and alight a service; busy platforms are often large enough to contain multiple stops so that several services can use one platform at the same time.) TAB 2 – SYSTEM DESCRIPTION 11 | P a g e Figure 11: RoutePlanner in route view All platforms on the route are listed and their status is indicated by the various icons: Candidate Platform, Platform on Route, Schedule Adherence, Time Point Platform, Candidate Destination, Primary Destination, Route Extension, Secondary Destination, Next Stop Audio, etc. The route path can be zoomed into using the mouse wheel, as shown, to provide greater detail. The route geodata is the physical path travelled by the route, also known as the “route pattern”. The route pattern is represented in the map window as a series of interconnected lines or segments that overlay the road network. An arrow on each segment shows the direction of travel. The pattern of each displayed route is drawn in gray and in black if the route is selected in the tree control. Color codes show the status of each platform on the route. The green tick icon indicates that the route stops at that platform, a Figure 12: Detail polyline of route path TAB 2 – SYSTEM DESCRIPTION 12 | P a g e red cross icon indicates that the platform is a candidate (route passes but does not stop), a clock icon indicates that the stop is a timing point, and a clock with the red icon indicates the platform is a schedule adherence point in the schedule. Figure 13: Route path zoomed in When drawing a new route or amending an existing route, the polyline is manipulated by a combination of the mouse and keyboard to drag and place each line node as required. Shown in the figure is one of the polyline nodes that was dragged from its position on Pages Road to a new position on Tomrich Street to demonstrate this feature. Figure 14: Repositioned route The route geodata is supported by metadata which describes the route, its direction and name, and is displayed in the properties pane at the lower left pane of the main window, as shown below. The route pattern number and name identifies each route, however different routes can share the same route name and number. For example, several different physical travel paths TAB 2 – SYSTEM DESCRIPTION 13 | P a g e may exist in between the city and the hospital, each one with a different pattern name, but all sharing a common route name and number. Predictions Our predictions are based on current bus location and trip number. The estimated travel time is based on historical data that is calculated by route segment, trip number, and the mean time of day. As each vehicle reports its position, the prediction is recalculated and distributed every 30 seconds for every platform in the system. Analysis and Reporting (optional) TransitManager stores huge amounts of data by bus and by trip that can be accessed through the dispatch application for trip-by-trip detail or the historical analysis system for system wide or route reporting. TransitManager does not hold all of the inform ation needed to directly produce NTD reports but will run reports with the NTD data it holds. Dispatch provides information useful for individual events, such as a speeding driver or a bus accused of damaging a parked car or answering the question, “Why did my bus never turn up?” Individual trip data includes times against location, speed and trip performance by timing point. In the analysis system trip data is transferred nightly and available the next day. Maintenance information is stored by bus including reporting response rates and On-Board Diagnostic OBDII data. (Addition information on ODBII at the end of this section) Schedule data based around travel times and passenger counts are stored by date and trip number and does not include each GPS position or the bus information. Exception Reports Exception reports are preformatted SQL queries that return data into an easy to read and understand report. The trip exception report is an Internet enabled service. Here is the exception summary report f or Tuesday 5 August. Exceptions include missed trips, late assignments, early departures, late departures, timepoint early departures, and timepoint late departures. The summary report for all exceptions provides management with an instant overview of how the system operated for a particular day. TAB 2 – SYSTEM DESCRIPTION 14 | P a g e This same report can be generated for any combination of days, weeks or months using the Period drop down menu and making the appropriate choice. The figure below shows the more detailed line by line report for the same period as the summary shown above. The Notes column to the right of the screen displays any information the Dispatcher inputted for a trip such as a breakdown, or a driver no-show. The Dispatch interface and management can accept or decline the reason if penalties might be applicable to the driver or fleet operations contractor. Figure 16: Exception report detail screen The exception report is generated from the SQL data held and preformatted in an OLAP cube. Transit Managers may have differing requirements and our database engineers are able to customize report outputs to suit your specific needs. Figure 15 Exception report summary TAB 2 – SYSTEM DESCRIPTION 15 | P a g e Reporting Pivot Tables A pivot table is an interactive table that is used to analyze data from within a web browser. Data can be moved around within the screen (pivoting it) so that users can reorganize data from the database, look for specific information or details, and creat e reports. The user can easily make changes to the cube, to change the way the data is displayed and organized. Reporting Field list Highlighted fields are displayed in the pivot table Field list icon List of areas to which fields and dimensions can be added for viewing (Show All) is the default. Click a field to select/deselect. Dimension Fields Name of data cubeFilter field Field drop-down arrow Column field Row field Totals field/ Data field Figure 17: Pivot table elements This cube is designed to provide information on bus travel times including a number of measures that have an aggregate function assigned to them (this includes values such as average/ minimum/maximum/percentage). Travel times can be viewed for all companies, routes, services and trips and any combination of total values. Standard Report Examples Connexionz support and maintenance staff have available internal monitoring reports as shown below, which displays the radio performance for the last 30 days. For our purposes we would expect the % responses to be on average better than 90%, and the % fixes to follow almost exactly the radio response lines. TAB 2 – SYSTEM DESCRIPTION 16 | P a g e Figure 18: Sample report for communications performance History tells us that this is a result of the school holidays and light traffic conditions typical during January. Figure 19: Sample report for travel times by day TAB 2 – SYSTEM DESCRIPTION 17 | P a g e This pivot table view below shows a more detailed analysis of one of the inputs to the exception report summary covered above. In this view, we have expanded the parameters to select just the inbound route, the scheduled departure time (whole hours – or expanded to minutes). Figure 20: Pivot table report example The report covers the trip segment from Sky City Terminal stop to Great Sights Quay St stop between 0700 and 0900. The early departures ranged from 3.8 minutes to almost 10 minutes. By comparison the 0500 departures averages 3 minutes early. In the table below, we are able to look at the per formances of each of the different contractors providing services to Christchurch bus authority. This report is for the month of July 2009 and provides details of the early, on time, and late trip departures compared to schedule. The definitions are configurable, and in this case  Early = actual departure more than 5 minutes ahead of schedule  On Time = actual departure less than 5 minutes ahead and less than 5 minutes behind schedule  Late = means actual departure more than 5 minutes behind schedule TAB 2 – SYSTEM DESCRIPTION 18 | P a g e  Unknown = means that; the trip was not operated; the trip was reset because of a problem; or the vehicle was not detected departing the Start Point. Figure 21: Departure differences by month and by operator The analysis system also provides a daily summary for the system administrator that is extracted to demonstrate early and late departures as shown below Figure 22: Early departures by company and by route TAB 2 – SYSTEM DESCRIPTION 19 | P a g e Figure 23: Late departures by company and route Administration Memo To: Honorable Mayor Pinkham Board of Trustees From: Lowell Richardson, Interim Town Administrator Date: March 13, 2012 Re: Ordinance #03-12 Amend Municipal Code section 2.20 Mayor and Trustees Compensation. Background: At the February 28th Town Board study session a review of Town ordinance 2.20.010 “Compensation of Mayor and Board of Trustees” was presented for review and discussion. From that meeting, staff and Town Attorney White prepared revisions to the Town’s Municipal Code section 2.20.010 outlining recommended changes to the code. Those recommended Municipal Code changes are being presented by Town Attorney White. Staff was asked to provide additional information regarding the comparable communities used by staff for recommending changes to the current Town Board of Trustees compensation. The additional information includes: 1) Each community’s 2012 budgeted total annual revenues; 2) Number of Fulltime Employees; and 3) The represented percentage of each community’s total sales ratio to their General Fund budget revenues. The (13) communities selected for comparison are based on similarities regarding: 1. Tourism as a primary economic base; and 2. Sales tax as a primary revenue to the community’s general fund Research revealed a direct comparison of like communities to the Town of Estes Park is not possible since comparable information regarding tourism season, populations, annual operating budgets and sales tax generators cannot be exactly compared, however the communities used for the purpose of this research share greater similarities than metro area urban communities or other rural Colorado communities. The remaining comparables depicted in each of the tables are the same those presented at the February 28th study session meeting. A demographic table is included outlining basic community information, i.e. population and primary economic driver along with the already presented comparable information. Budget: The recommended changes to the Town Board of Trustees, Mayor Pro Tem and Mayor compensation are only for the newly elected positions to be determined on April 3, 2012. Those recommended increases and impact to the 2012 budget are: Mayor $1,125 Mayor Pro Tem $1,125 Three Town Trustees $3,375 Total $5,625 Staff Recommendation: Depicted in the tables below are each of the Town Board of Trustees positions identified by Mayor, Mayor Pro Tem and Town Trustee. In table “A” the Mayor position currently ranks last in compensation comparison, the Mayor Pro Tem ranks 9th and the Town Trustee position ranks 11th. Staff recommends increasing each Board of Trustees annual compensation amount by $1,500 based on the comparison information. These recommend changes adjust the Mayor position to 12th, the Mayor Pro Tem position to 6th and the Town Trustee position to 10th. Table “A”  Mayor Annual  Salary  Health  Benefits  Other  Benefits  General  Fund/Sales  Tax  Comparison  FTE’s Annual Budget  Steamboat Springs $21,096 X X 75% 169.75 $41,050,231  Telluride $18,000 X X 51% NA $23,465,010  Breckenridge $14,400 X  43% 176 $57,475,888  Vail $12,000 X X 61% 213 $49,356,996  Frisco $11,400   63% 64 $10,496,284  Dillon $10,800  X 84% NA $8,786,619  Blackhawk $9,847 X X 43% 92 $25,068,039  Silverthorne $9,000  X 68% 77 $26,937,792  Winter Park $9,600 X X 60% 35.25 $5,354,272  Durango $8,999 X X 58% 283.9 $50,641,322  Glenwood Springs $8,400   42% 191.3 $44,324,689  Estes Park (Proposed) $7,500 X X 82% 133.6 $34,439,364  Crested Butte $7,200   21% NA $8,476,418  Gunnison $7,200  X 87% 82.5 $15,816,803  Estes Park (current) $6,000 X X 82% 113.6 $34,439,364  NA‐Not available    Table “B”  Mayor Pro Tem/Trustees Annual  Salary  Health  Benefits  Other  Benefits  General  Fund/Sales  Tax  Comparison  FTE’s Annual Budget  Steamboat Springs (6) $15,840 X X 75% 169.75 $41,050,231  Telluride (6) $9,600 X X 51% NA $23,465,010  Breckenridge (6) $9,600 X  43% 176 $57,475,888  Blackhawk (6) $9,437 X X 43% 92 $25,068,039  Vail (6) $7,500 X X 61% 213 $49,356,996  Mayor Pro Tem Estes  Park (Proposed)  $6,500 X X 82% 113.6 $34,439,364  Frisco (6) $6,000   63% 64 $10,496,284  Glenwood Springs (6) $6,000   42% 191.3 $44,324,689  Gunnison (4) $6,000  X 87% 82.5 $15,816,803  Durango (5) $5,999 X X 58% 283.9 $50,641,322  Estes Park (Proposed) $5,500 X X 82% 113.6 $34,439,364  Mayor Pro Tem Estes  Park (Current)  $5,000 X X 82% 113.6 $34,439,364  Winter Park (6) $4,800 X X 60% 35.25 $5,354,272  Estes Park (5) (Current) $4,000 X X 82% 113.6 $34,439,364  Dillon (6) $3,600  X 84% NA $8,786,619  Silverthorne (6) $3,600  X 68% 77 $26,937,792  Crested Butte (6) $3,600   21% NA $8,476,418  Table “C”  Community  Demographics  Population Economic  Driver  General  Fund/Sales Tax  Comparison  FTE’s Annual Budget  Breckenridge 2665 Tourism 43% 176 $57,475,888  Durango  16,627 Tourism 58% 283.9 $50,641,322  Vail  4,843 Tourism 61% 213 $49,356,996  Glenwood Springs  9,107 Tourism 42% 191.3 $44,324,689  Steamboat Springs  12,180 Tourism 75% 169.75 $41,050,231  Estes Park  5,858 Tourism 82% 113.6 $34,439,364  Silverthorne  3,887 Tourism 68% 77 $26,937,792  Blackhawk  114 Gaming 43% 92 $25,068,039  Telluride  2,221 Tourism 51% NA $23,465,010  Gunnison 5,854 Tourism 87% 82.5 $15,816,803  Frisco 3,676 Tourism 63% 64 $10,496,284  Crested Butte  1,487 Tourism 21% NA $8,476,418  Dillon 7,278 Tourism 84% NA $8,786,619  Winter Park  1,630 Tourism 60% 35.25 $5,354,272  Memo   To: Honorable Mayor Pinkham    Board of Trustees    Interim Town Administrator Richardson  From: Gregory A. White, Town Attorney Date: March 8, 2012  RE: Ordinance No. 03‐12 An Ordinance Amending Section 2.20.010 of the Municipal  Code regarding compensation of elected officials.      Background:   Ordinance No. 03‐12 increases the compensation for the Mayor, Mayor Pro Tem, and each  Trustee. Also, an introductory paragraph has been added which establishes the timing and  procedure for future determinations as to whether or not the compensation shall be changed.  If the ordinance is adopted, the increased compensation for the Mayor, Mayor Pro Tem, and  each Trustee shall apply only to those newly elected officials for the office of the Mayor,  Trustee, and the individual Trustee appointed as the Mayor Pro Tem. Current individual  Trustees who are in the middle of their respective terms will not receive the increase in  compensation pursuant to the provisions of Section 31‐4‐405 C.R.S. which provides that the  emoluments of office shall not be increased during the term of any individual elected or  appointed official.    Budget:   The 2012 budget includes appropriated funds to pay the increase compensation of the Mayor,  Mayor Pro Tem, and Trustees.    Staff Recommendation:   No Staff Recommendation.    Sample Motion: I move to adopt/not adopt Ordinance No. 03‐12 for the purpose of amending Section 2.20.010  of the Municipal Code.  1    ORDINANCE NO. 03‐12      AN ORDINANCE AMENDING SECTION 2.20.010   OF THE MUNICIPAL CODE  COMPENSATION OF MAYOR, MAYOR PRO TEM, AND TRUSTEES       WHEREAS, pursuant to the provisions of Section 31‐4‐301 (4) C.R.S. the Mayor and  members of the Board of Trustees shall receive such compensation as fixed by ordinance; and    WHEREAS, Section 2.20.010 of the Municipal Code provides for compensation of the  Mayor, the Mayor Pro Tem, and each Trustee; and    WHEREAS, Section 2.20.010 of the Municipal Code does not provide any process for  when and how the Board of Trustees shall review future changes to the compensation of the  Mayor, Mayor Pro Tem, and each Trustee; and    WHEREAS, the Board of Trustees is determined that it is necessary to amend Section  2.20.010 of the Municipal Code to increase the compensation for the Mayor, the Mayor Pro  Tem, and each Trustee, and also to provide the method and timing of future review of said  compensation.    NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF  ESTES PARK, COLORADO AS FOLLOWS:      1. Section 2.20.010 of the Municipal Code shall be amended to read as follows:    2.20.010 Compensation of Mayor, Mayor Pro Tem, and Trustees    In recognition of services rendered as Mayor, Mayor Pro Tem or member of the Board  of Trustees, the elected officials of the Town of Estes Park shall receive compensation as  set forth in this Section. During the budget process for each even numbered year, the  Board of Trustees shall consider adjustment of the amount of compensation set forth in  this Section. As part of this review, the Board of Trustees shall review compensation for  elected officials provided by comparable Colorado municipalities using appropriate  sources including, but not limited to, the Colorado Municipal League. Any adjustment of  compensation shall be by ordinance.    1) The Mayor shall receive as compensation for his or her services the sum of seven  thousand five hundred dollars ($7,500.00) per year during each year of his or her  term, payable in equal monthly payments.    2    2) The Mayor Pro Tem shall receive as compensation for his or her services the sum of  six thousand five hundred dollars ($6,500.00) per year during each year of his or her  term, payable in equal monthly payments.    3) Each Town Trustee shall receive as compensation for his or her services the sum of  five thousand five hundred dollars ($5,500.00) per year during each year of his or  her term, payable in equal monthly payments.       2. This Ordinance shall take effect and be in force 30 days after its adoption and publication.      PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park,  Colorado this_______day of______________, 2012.            TOWN OF ESTES PARK            _____________________________        Mayor                ATTEST:      ________________________________  Town Clerk       I hereby certify that the above ordinance was introduced and read at a  meeting of the Board of Trustees on the_____day of__________, 2012 and  published in a newspaper of general publication in the Town of Estes Park,  Colorado, on the________day of____________, 2012.                            _____________________________          Town Clerk  COMMUNITY SERVICES Memo To: Honorable Mayor Pinkham Board of Trustees Interim Town Administrator Richardson From: Tom Pickering, Facilities Sales and Marketing Manager Date: March 13, 2012 RE: Annual Report for Rocky Mountain Park Inn Service Agreements Background: The Town of Estes Park has had a legal and business partnership with Forever Resorts, dba Rocky Mountain Park Inn, since1989. Last year a new service agreement was executed due to the drop of the franchise and the name change from Holiday Inn to Rocky Mountain Park Inn. The agreement is for two years. Under the terms of the service agreement, the Town and Forever Resorts meet each January to review the operations of the conference center from the previous year. The 2011 annual review for the conference center was held on January 30, 2012. During the annual review, Forever Resorts is required to provide the following (a summary of which is attached; the documents will be filed with the Town Clerk): 1. Proposed conference room rental rates for 2012 2. List of routine preventive repairs and maintenance contracts 3. 2012 operational guidelines 4. Reviews and guest comment cards from 2011 5. Data on the financial performance of the Conference Center 6. Certificate of insurance Under the terms of the service agreement, the Town shall give written approval if the hotel proposes an increase in room rental fees. If no increase is proposed, then no action is required. The hotel has not proposed an increase for 2012. The Town also has a Food and Beverage Concession Agreement with Forever Resorts, which is in effect through 2016. Under the terms of this agreement, Forever Resorts shall present to the Town a proposed price for all food and beverage services for the next year on or before January 31. The Town shall give written approval if the hotel proposes an increase in food and beverage services. If no increase is proposed, then no action is required. The hotel has not proposed an increase in food and beverage services for 2012. Attached are the minutes of this year’s meeting and documents summary. Budget: N/A Staff Recommendation: N/A 2012 Conference Center Operational Review Date January 30, 2012 Re: Minutes of the 2011 annual review In attendance: Chris Cook, Tom Pickering 2012 Room Rental Rates: Grand Ballroom: Peak Season $1,500 Off Peak Season $800 Individual Salons A-F: Peak Season $250. Off Peak Season $125 No changes from 2011 Routine Maintenance Contracts: Long and Associates for HVAC maintenance and repairs 1795 W. Yale Ave. Englewood, CO 80110 303-975-2108 2012 Operational Guidelines: Meeting set-up: Linen napkins and tablecloths are required for all banquet service unless specified in the contract. Paper napkins and coffee cups are acceptable for coffee breaks. Head tables must be skirted; others as appropriate unless specified in the contract. A professionally lettered meeting identification sign must be posted outside each meeting room when a meeting is in progress. The sign must indicate the room is in use and by whom. The hotel must have a centrally located event reader board listing all meeting functions for the day. At the planner’s request, a separate group registration area must be provided. Luggage storage, other than a meeting room, must be available upon the meeting planner’s request. The hotel must have a defined and published procedure for receiving and securely storing meeting materials. Dance floor, staging, and platforms must be available upon a 24 hour request. Meeting Personnel: At Least one hotel contact must be assigned to each meeting function. This person must do the following in accordance with the Rocky Mountain Park Inns Commitment: Greet the group contact upon arrival. Inspect the meeting and banquet set-up one hour prior to the start of the planned event for accuracy. Establish a message delivery procedure with the meeting contact. Be easily available before and during the function. Ensure the function rooms amenities are replenished at the scheduled breaks or upon request. Thank the meeting contact upon departure and answer any questions concerning billing procedure or materials handling. A business card should be presented to the meeting contact with the hotels point of contact person name and contact procedure. Audiovisual Services A person capable of operating and maintaining audiovisual equipment must be available before and during each meeting where audiovisual equipment is used. Meeting Room Supplies, Amenities, and Equipment The following items are required for all meeting services: Ice Water Glasses Notepads and pencils Individually wrapped candies Supplies and Miscellaneous Equipment: Coat Rack available upon request. Complimentary name tags and place cards available upon request. Linen napkins and table cloths for all banquet service: paper napkins and coffee cups are acceptable for coffee breaks. Table skirts High Speed Internet Access The hotel is required to supply high speed internet for all meeting rooms. The HSIA can be wired or wireless. All wireless meeting rooms must have at least one dedicated Ethernet/wireless bridge. For wired rooms, at least one Ethernet port per meeting room must be dedicated to that room. The hotel may charge for HSIA in meeting rooms in accordance with the local market demand. Audiovisual Services The following items must be available immediately upon request. Telephone Speakerphone Acetate sheet for overhead projectors Flipcharts and stands Multi-colored markers Podium Extension cords/ power strips Laser pointer Standard Microphone Legal Pads Projection Screens Overhead Projectors The following items must be available with 24 hours notice: Slide projectors TV/VCR Wireless Microphone Computer projector Food Service Staffing Requirements: Buffet Service: Groups larger than 75 will require2 double sided buffets. Groups larger than 200 will require 3 double sided buffets. Server requirements are 1 server per 40 guests Conference operations per 100 guests (1 set-up staff member) Served Functions: 1 server per 30 guests Conference operations per 100 guests (1 set up staff member) Seating is 8 to 10 guests per table. 2011 Guest Comment Cards Rocky Mountain Park Inn Customer satisfaction surveys: Category Excellent Very good Good Poor First Impressions 21.1% 52.6% 26.3% 0% Lobby and Public areas 31.6% 57.9% 10.5% 0% Check-in experience 31.6% 42.1% 26.3% 0% Friendly greeting at check-in 47.4% 21.1% 21.1% 0% Prof. appearance of staff 21.1% 47.4% 21.1% 5.3% Check out experience 52.6% 15.8% 15.8% 5.3% Friendly farewell at check out 36.8% 21.1% 10.5% 0% Housekeeping 37.5% 31.3% 0% 6.3% Bathroom cleanliness 42.1% 31.6% 26.3% 0% Comfort of mattress and pillows 26.3% 57.9% 10.5% 5.3% General Condition of the rooms 15.8% 63.2% 21.1% 0% Pool and whirlpool * 15.8% 47.4% 5.3% 0% Bar and Grill atmosphere * 5.3% 21.1% 10.5% 5.3% Bar and grill service * 10.5% 15.8% 10.5% 5.3% Bar and grill selection * 0% 10.5% 21.1% 10.5% Bar and Grill quality * 10.5% 21.1% 15.8% 5.3% * Indicates some of the respondents did not take advantage of this outlet and did not give a score. 2011 Conference Center Financials: Year Revenues Expenses Profit <loss> 2010 $357,722 $377,232 <$19,510> 2011 $336,521 $380,921 <$44,348> 2012 Insurance Certificate The 2012 certificate will be issued in April 2012.