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Home My WebLink AboutPACKET Community Development 2009-03-05FILE , Preparation date: 02/25/09 * Revision date: 03/02/09 AGENDA TOWN OF ESTES PARK COMMUNITY DEVELOPMENT COMMITTEE March 5,2009 8:00 a.m. Board Room, Town Hall 1) PUBLIC COMMENT 2) CONVENTION & VISITORS BUREAU a) RECOMMENDATIONS TO TOWN BOARD: i) Surprise Sidewalk Sale Resolution #-09 ii) Contract with Tri-State Fireworks for July 4th Fireworks Show iii) Contract with Party Time Rental, Inc. for Tent Rental iv) Special Events Policy Amendment - Fairground Parking Lot Fees v) Special Events Policy Amendment - Bond Park Usage Fees and Vendor Fee vi) Rodeo Committee Membership b) REPORTS: i) Events at The Fairgrounds at Stanley Park - Mgr. Winslow ii) Marketing Committee - Dir. Marsh iii) Media Relations Report - Coord. Blackhurst iv) Conference Center End of Year Report - Coordinator Nikolai 3) MUSEUM/SENIOR CENTER SERVICES DEPARTMENT a) REPORTS: i) Museum Monthly Report - Dir. Kilsdonk ii) Senior Center Monthly Report - Mgr. Mitchell 4) COMMUNITY DEVELOPMENT DEPARTMENT a) DISCUSSION ITEM: i) Sign Code Banners - Dir. Joseph b) REPORTS: i) Community Development Financial Report - Dir. Joseph ii) Monthly Building Permit Summary - Dir. Joseph 5) ADMINISTRATION DEPARTMENT a) RECOMMENDATIONS TO TOWN BOARD: i) Ordinance to Delete Community Special Event Vendor Licensing Requirements - Town Clerk Williamson * ii) Shuttle Contract (McDonald Transit) - Deputy Town Administrator Richardson NOTE: The Community Development Committee reserves the right to consider other appropriate items not available at the time the agenda was prepared. Cynthia Deats From: EP Administration [ir3045@estes.org] Sent: Monday, March 02,2009 3:28 PM To: Cynthia Deats Subject: Job Done Notice(Send) ***************************** *** Job Done Notice(Send) *** ***************************** JOB NO. 1269 ST. TIME 03/02 15:22 PGS. 1 SEND DOCUMENT NAME TX/RX INCOMPLETE ----- TRANSACTION OK 5869561 KEPL 5869532 Trail Gazette 5861691 Channel 8 6353677 Reporter Herald 5771590 EP News ERROR ----- 1 Preparation date: 02/25/09 * Revision date: AGENDA TOWN OF ESTES PARK COMMUNITY DEVELOPMENT COMMITTEE March 5,2009 8:00 a.m. Board Room, Town Hall 1) PUBLIC COMMENT 2) CONVENTION & VISITORS BUREAU a) RECOMMENDATIONS TO TOWN BOARD: i) Surprise Sidewalk Sale Resolution #-09 ii) Contract with Tri-State Fireworks for July 4th Fireworks Show iii) Contract with Party Time Rental, Inc. for Tent Rental iv) Special Events Policy Amendment - Fairground Parking Lot Fees v) Special Events Policy Amendment - Bond Park Usage Fees and Vendor Fee vi) Rodeo Committee Membership b) REPORTS: i) Events at The Fairgrounds at Stanley Park - Mgr. Winslow ii) Marketing Committee - Dir. Marsh iii) Media Relations Report - Coord. Blackhurst iv) Conference Center End of Year Report - Coordinator Nikolai 3) MUSEUM/SENIOR CENTER SERVICES DEPARTMENT a) REPORTS: i) Museum Monthly Report - Dir. Kilsdonk ii) Senior Center Monthly Report - Mgr. Mitchell 4) COMMUNITY DEVELOPMENT DEPARTMENT a) DISCUSSION ITEM: i) Sign Code Banners - Dir. Joseph b) REPORTS: i) Community Development Financial Report - Dir. Joseph ii) Monthly Building Permit Summary - Dir. Joseph 5) ADMINISTRATION DEPARTMENT a) RECOMMENDATIONS TO TOWN BOARD: i) Ordinance to Delete Community Special Event Vendor Licensing Requirements - Town Clerk Williamson NOTE: The Community Development Committee reserves the right to consider other appropriate items not available at the time the agenda was prepared. Cynthia Deats From: EP Administration [ir3045@estes.org] Sent: Monday, March 02, 2009 11:46 AM TO: Cynthia Deats Subject: Job Done Notice(Send) ***************************** *** Job Done Notice(Send) *** ***************************** JOB NO. 1267 ST. TIME 03/02 11:41 PGS. 1 SEND DOCUMENT NAME TX/RX INCOMPLETE ----- TRANSACTION OK 5869561 KEPL 5869532 Trail Gazette 5861691 Channel 8 6353677 Reporter Herald 5771590 EP News ERROR ----- 1 'r J , "1 Estes Park Convention & Visitors Bureau Memo TO: Community Development Committee From: Bo Winslow - Fairgrounds, Events & Facilities CC: Jacqueline Halbumt, Lowell Richardson and Tom Pickering Date: March 5,2009 Re: Surprise Sidewalk Sale BACKGROUND: The Surprise Sidewalk Sale has become a much-anticipated shoulder-season event in Estes Park that has typically been conducted in the fall. The Downtown Business Advisory Committee would like to conduct this sale in the spring of the year as well. The Committee is looking at conducting this April 18m and 1 gth. The Surprise Sidewalk Sale is open to all Estes Park businesses, even if they are not located in the downtown area. There is a concern by staff that rules specified in the resolution are not followed by everyone and there should be a discussion of how to let businesses know of these rules as well as how these rules will be enforced. Due to Ordinance 15-91 pertaining to "containment" within the C-D District, and subsequent adoption of the Estes Valley Development Code (Chapter 4, Zoning Districts, specifically paragraph a. Outdoor Sales, Use, Storage and Activity in the CD Zoning District), it is necessary for the Town Board to approve a variance to allow this sale to occur. The proposed resolution is attached. BUDGET/COST: There will be $200.00 in postage and printing and about $100.00 in staff time for printing and mailing. Recommendation to Town Board: Approve Variance 1 11 . 1 RESOLUTION NO. 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, specifically paragraph a. Outdoor Sales, Use, Storage and Activity in the CD 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 Downtown Business Advisory Committee that is scheduled April 18 and 19, 2009: 1. Hours of operation shall be from 9 a.m. - 5:30 p.m. 2. The Sale Weekend is available to all Estes Park businesses. 3. The Sale Weekend will be held regardless of weather. 4. Businesses will be allowed to sell merchandise in front of their store only during the hours specified above. 5. Each business will be allowed one (1) outside selling space. 6. Sidewalk displays 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. 7. Those merchants without sidewalk frontage may reserve a space in Bond Park by contacting the Special Events Department at 586-6104. 8. Advertising posters will be provided. 9. 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 ,2009. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk 1 1,# Estes Park Convention & Visitors Bureau Memo TO: Community Development Committee From: Bo Winslow - Fairgrounds, Events and Facilities CC: Jacqueline Halbumt, Lowell Richardson, Tom Pickering Date: March 5,2009 Re: July 4*1 Fireworks Show BACKGROUND: The Town of Estes has a fireworks show over Lake Estes on the Fourth of July each year. This show has been produced by a company with local ties to our community. This is one of the largest shows in the state with approximately 270- 3inch shells, 400 - 4inch shells, 340 - 5inch shells, and 250 - 6inch shells in about 28 minutes. The contract for this event includes appropriate insurance coverages for the town. The contract also includes the appropriate permission needed from the Bureau of Reclamation and the Estes Valley Parks and Recreation District as well as their required insurance needs. This Contract was sent out to bid to 3 companies and Tri-State Fireworks was the only bid received. BUDGET/COST: Expenses for the show are $30,000. Revenues: The American Legion does the fundraising for this show and in 2008 made a contribution to the Town for $19,000. Recommendation to Town Board: Approve Contract for Tri- State Fireworks 1, I 1 Estes Park Convention & Visitors Bureau Memo TO: Community Development Committee From: Bo Winslow - Fairgrounds, Events and Facilities CC: Jacqueline Halbumt, Lowell Richardson and Tom Pickering Date: March 5,2009 Re: Tent Contract BACKGROUND: The Town of Estes Park rents tents each year to provide shelter for animals, participants, as well as our visitors at the annual Wool Market. This event continues to be a great early season event and is rumored to be the 3rd largest in the nation. The Fairgrounds at Stanley Park erects their 60'x120' and their 2- 20' x 20' tents for the event. The rest of the tents need to be rented. The attached contract is for rental of the remaining necessary tents needed for a successful show. The Fairgrounds at Stanley Park sent out a RFP to 4 different tent companies and received 2 bids back. Party Time Rental Inc. is the company we have worked with in the past, they are the low bid and the company we are recommending The Town use. BUDGET/COST: This money is budgeted in the budget for 2009 in account number 222-5500-455-24-01 and the total amount to be charged is $17,933.50. In 2008 the Wool Market had $85,575 in Revenue and $95,936 in Expenses. Recommendations to the Town Board: Approve Contract ''F J 1 1, Estes Park Convention & Visitors Bureau Memo TO: Community Development From: Bo Winslow - Fairgrounds, Events & Facilities CC: Jacqueline Halburnt, Lowell Richardson, Tom Pickering Date: March 5,2009 Re: Parking Fees BACKGROUND: The Events Department is proposing an addition to policies in the area of fees. After a discussion with the Town's Public Works Director as well as a look at how other facilities charge for parking lots, the following fees were determined. These fees are based on what is being charged at a similar facility on the Front Range. The Ranch in Loveland charges a range of $0.99 to almost $2.00 per space for paved parking and $265 for an entire gravel lot similar to ours. The Fairgrounds at Stanley Park recommends the following: Paved Parking- $1.20 per space with a $25.00 minimum and Unpaved Parking - $250.00 entire lot, $125.00 for 1/6, and $75.00 for K. All fees are perday. For events such as Fairs and Carnivals an additional per person fee shall also be negotiated with renter of property. BUDGET/COST: At this time this would be an increase in revenues from last year's events of about $500.00. Expenses are limited to staff time which amounts to less than 5 hrs total. Recommendation to Town Board: Approve fees. / 1 Estes Park Convention & Visitors Bureau Memo To: Community Development Committee From: Bo Winslow - Fairgrounds, Events and Facilities CC: Jacqueline Halbumt, Lowell Richardson, Tom Pickering Date: March 5,2009 Re: Special Events Policy Amendment - Bond Park Usage Fees & Vendor Fees BACKGROUND: Staff is requesting the approval of two changes to the policy manual in regards to fees and regulations for events and activities in Bond Park. Attached are the policies of the department with the proposed changes/additions highlighted. (Pg. 11 & 17 of policy manual attached) A discussion amongst staff and Attorney White determined this was the best way to address the necessary fees in Bond Park. The current business licensing/vendor licensing requirements within the Municipal Code will be eliminated and will be addressed by the Town Clerk with a proposed ordinance. BUDGET/COST: Staff is proposing a flat fee of $200.00 per day for the use of Bond Park and a $20.00 per vendor fee payable by the Event Organizer to the Town of Estes Park. Organizers prefer a flat fee over a damage deposit. This fee will help offset expenses associated with the different events conducted in Bond Park. Recommendation to Town Board: Approve proposed changes to the policy manual. ' 1 LITERATURE DISTRIBUTION: If literature is distributed to the public during an activity/event, the Permittee is required to pick-up all associated trash within a three-block radius of the activity/event. DAMAGES: Damages incurred by the Town shall be the responsibility of the Permittee. SALES AND LICENSES: Sales of goods and/or services are only permitted for activities/events sponsored by a local, non-profit organization. No solicitation or free-will offerings of any kind shall be permitted. IRRIGATION: Requests that grass areas not be watered prior to and during an activity is contingent upon approval of the Town Parks Department. TRAFFIC CONTROL REQUESTS: A Traffic Control Device Request will be given to Permittee for the activity/event. If cones, signs, barricades and barrels are required, the Permittee shall complete the required form and submit it to the Special Events Department along with the Park Use Permit Application. SPECIAL REQUIREMENTS FOR BOND PARK: 1. Refer to the attached Event Organizer Regulations for specific Bond Park requirements. 2. Stakes will not be driven in the grass except in so-designated areas. 3. Refer to the attached drawing and contact the Parks Department for assistance in determining where placement of stakes will be allowed (Please note: assistance does not include installation). 4. * use-fed_of-$2Q0:00_15*r_d-hy_will-be-~chaigid for alf events/activities in Bond parkl 3._Tfie Event-Orgahize[Â§1Â§1iall_Nhy_a_$20 fee AiÂ¢#@hdohto-the-ToGREf-Est@Â§15&~12 ~er eventj 11 J , EVENT ORGANIZER REGULATIONS Definition of Event: Any form of entertainment lasting longer than two (2) hours. No new events will be given use of a Town-owned park on holiday weekends or during the summer tourist season. All shows using Bond Park that sell vendor spaces will be limited to a total of 95 spaces, each 10x10. Only vendors selling original products will be allowed. Commercial products that are sold in local stores should NOT be for sale. Organizers will: 1. Mark spaces the day prior to the event. 2. Will be on site three (3) hours prior to the given time of set-up. 3. Obtain license plate number of each vendor's vehicles to monitor parking around Bond Park. 4. Instruct vendors to park north of Park Ln. on MacGregor Ave. 5. Inform vendors that no RVs will be allowed overnight in the adjacent Municipal Parking Lot. 6:_Fillp-gLW!*Auffod. paper_worklcfrithiSAP*_EE*ehtÂ®Officei 7. Distribute all sales tax information to the vendors and monitor that vendors show proof of payment on the forms provided. Failure to collect and remit sales tax will prevent the vendor from selling at any future shows in the Estes Park area. 8. Provide vendors with the location of all public restrooms and explain they are NOT to ask for any information or assistance from adjacent local merchants. 9. Pursuant to CRS Regulations, sound levels shall be monitored to ensure the level is not above 60 decibels during the day, and 55 decibels during the evening. 10. Provide adequate number of trash dumpsters and locate them at the corner of Park Ln. and MacGregor Ave. No bags shall be placed outside the dumpsters. 11. Ensure the Park is left litter-free, tables placed in their original positions and the Park is ready for public use. 12. Notify the Larimer County Health Dept. if food is to be sold. 13. Provide insurance coverage as previously stated. 17 f " Estes Park Convention & Visitors Bureau Memo To: Community Development Committee From: Bo Winslow - Fairgrounds, Events and Facilities CC: Jacqueline Halburnt, Lowell Richardson, Tom Pickering Date: March 5,2009 Re: Rodeo Committee Membership BACKGROUND: The Rooftop Rodeo Committee's Membership is approved by the Town Board. The Committee is requesting approval of new members at this time. We typically approve the entire membership in October. With new members meeting the requirements at this time, we are bringing them for approval so they can participate with the committee as an active member. The following interns have met the requirements set forth in the bylaws of the Rooftop Rodeo Committee: Kathy Brown, George Cottingham, Walt Hester and Ronella Risler BUDGET/COST: NA Recommendations to Town Board: Approve new committee members. Estes Pal* Convention & Visitors Bureau Memo TO: Community Development Committee From: Bo Winslow - Fairgrounds, Events and Facilities CC: Jacqueline Halburnt, Lowell Richardson, Tom Pickering Date: March 5,2009 Re: Events at The Fairgrounds at Stanley Park BACKGROUND: The following events are taking place at The Fairgrounds at Stanley Park this summer. This is a very busy show schedule with several shows using the facility at the same time. The month of July has only 3 days where no shows are taking place. The Dressage show and the CJRA are returning for their second year. The Siri Network is returning after a year off. Rocky Mountain Miniature Horse Club - June 24*- June 28#1 Colorado Arabian Horse Club - July 2nd-July 5~h Hunter Jumper Shows - July 15# - Au~ust 9th Siri Network-August 12# -August 16 . Thisisa group of alpacas and owners conducting a conference and training. They will be sharing the facility with another group and we see no problems with any conflicts. o Colorado Junior Rodeo Association - August 14'1-August 16*.This is the organization's finals. They are anticipating around 200 participants plus families. They will present over $100,000 in prizes and scholarships at this event. o Colorado Springs Dressage Association (2 White Feet Inc.) August 20'h - August 234. This is a Dressage Show that is planning on 120 horses. This group is coming back for its second year. o Farmers Market - Thursday mornings from June 4~~ _ September 24*. This group would like to rent the dirt parking area west of the grandstand. This group conducted the event last year in the same place and would like to continue as in the past. o Alpaca Market- September 591 - September 6A. BUDGET/COST: Approximate 2008 Revenues and Expenses o Rocky Mountain Miniature Horse Show: o Revenues- $3,858 and Expenses- $2,163 o Colorado Arabian Horse Club: 000 0 o Revenues - $11,512 and Expenses - $8,637 o Hunter Jumper Shows: o Revenues - $163,656 and Expenses - $113,943 o Siri Network - no 2008 show o Estimated 2009 Revenues - $1000 and Expenses $200 o Colorado Junior Rodeo Association: o Revenues -$6,000 and Expenses $2,500 o Colorado Springs Dressage Association: o Revenues -$7,315 and Expenses - $3,400 o Farmers Market: o Revenues -$850 and Expenses -$100 o Alpaca Market: o Revenues -$1,500 and Expenses - $120 1 1, Estes Park Convention & Visitors Bureau Memo To: Community Development Committee, Trustees Levine, Eisenlauer, Miller From: Peter Marsh, Director of Communications CC: Jacquie Halburnt, Lowell Richardson, Tom Pickering Date: March 5,2009 Re: CVB Marketing Committee - February REPORTS: as of January 31, 2009. 1. 2009 Visitors Guide Requests - The volume of requests by individuals is 92 more than January of last year, for an increase of 3.5% 2. Visitors Guide Downloads - Visitors guide and other downloads from our website have totaled 1,583 this January compared to 1,916 January, 2008. This is a decrease of 17% 3. National Media - Our response level to paid advertising is up by 1,437 compared to January of 2008. This, again is due to our Colorado.com digital campaign. 4. Internet Advertising - Google and Yahoo pay per click keyword campaigns are running 24/7, and have been since early February. Our regional digital campaigns will kick off with a Denver Newspaper/Yahoo behavioral targeting test in April, followed by Jazz Fest promotion in May. 5. Program Planning - March magazine ads are out, and materials for May magazine ads were submitted this past week. We continue to promote Estes Park in the Denver Post Channels 4 and 9 television, Colorado.com, Newspaper Inserts, Google & Yahoo. 6. Inserts - the next newspaper insert for the Front Range dailies starts production tomorrow, Friday, 3-6-09 7. Projections - With just January to look at, we don't see any trends yet. But, with e-mail requests running about 15% down for the first two months, and digital downloads running 17% down for January, some of the digital activity is definitely soft (not so on Colorado.com). On the other hand, Visitor Center traffic is up by 35.2% Y-T-D. ACTION ITEM: None BACKGROUND: N/A BUDGET/COST: NA RECOMMENDATION: N/A 1 Estes Park Convention & Visitors Bureau Memo To: Community Development Committee: Trustees Levine, Eisenlauer, Miller From: Suzy Blackhurst, Communications Officer CC: Jacqueline Halburnt, Lowell Richardson, Tom Pickering, Peter Marsh Date: February 26,2009 Re: Media Relations Report 1) Clip Report (through January 2009) Web placements Year to Date January: 12 Web Blog Mentions Beginning in January, in addition to the number of web blogs seen, they are being tracked as to whether the content might aid the contribute to the positive reputation of Estes Park as a premier vacation place. January Quantity: 47 Disparaging 1 Below Desirable 5 Neutral 25 Positive 10 Excellent 6 Newspaper Coverage Note: the following statistics compare 2007 results to those in 2008, based on CVB- distributed information. May is used as the first month for comparisons based on a change in service providers that occurred in mid-April 2007. Inches of content received #News Placements May through October Mav through September 2008: 92 ' 2008: 56 2009: 282 2009: 82 ENewsletter (mailed 1/29/09) 12-10-08 Mailing 1-29-09 Mailing Unique Opens (more than 30% is excellent) 40% 41.3% Click Thru: 5-15% average 13.5% 15.1% ACTION ITEM: None BACKGROUND: N/A BUDGET/COST: N/A RECOMMENDATION: N/A 1 1 ':l , 0 Estes Park Convention & Visitors Bureau Memo TO: Community Development Committee From: Julie Nikolai, Group Sales CC: Jacquie Halburnt Date: February 27,2009 Re: Estes Park Conference Center - 2008 End of Year Report In 2008, the Conference Center hosted a total of 83 groups, which is an increase over 2007 numbers. This included 61 meetings/conferences. With the average group size at 177 people, this is a significant decrease in group size over the count of 203 from last year. Participants stayed an average 2.77 nights, which is up slightly. In addition to conference groups, the center also hosted 22 local groups with an attendance count of 5495 people. These numbers also showed an increase in both the number of groups as well as higher attendance numbers at these various community events. The total number of groups that visited the Conference Center was up over 2007, the size of local groups and the length of stay for groups were very good. The only negative factor was the participant size for conference groups that were not Estes Park based. Using an ROI formula set by the Destination Marketing Association International, and adjusted slightly to meet Estes Park's specific markets, the total value to our community was again in excess of $5 M. This value is based on conference groups and does not take into account our local civic groups. While these groups do spend taxable dollars in our community, they are not included for ROI purposes in this report. Estes Park Conference Center 2002 - 2008 Attendance Figures: CATEGORY/YEAR 2002 2003 2004 2005 2006 2007 2008 # Conferences 79 69 78 84 77 54 61 # Conferees 10,044 7,998 8,297 10,043 9,028 10,983 9,825 # Civic Users 14,585 12,045 10,552 8,863 6,326 4,743 5,495 Conferees Spending $4,670,460 $3,761,059 $4,065,550 $4,041,505 $4,041,623 $5,072,608 $5,286,145 1 . 1/ 1 Museum/Senior Center Services Memo To: Community Development Committee - Trustees Pinkham, Levine & Eisenlauer From: Betty Kilsdonk, Director, Museum/Senior Center Services Department CC: Jacquie Halburnt, Lowell Richardson Date: March 5,2009 Reg Estes Park Museum Monthly Report Grant Award The Estes Park Museum has received a grant from the Institute of Museum and Library Services' American Heritage Preservation Program, which awards funding "to preserve treasures that convey the essential character and experience of the United States." The $2255 award will purchase a file case and supplies to alleviate overcrowding in the museum's map, oversize photograph and paper collections. In the program's inaugural year, 53 grants were awarded across the country. Only one other museum in Colorado received a grant, which was funded by the Bank of America. New Exhibit March 13, 5 PM - 7 PM: Altered Landscapes Opening Reception. This exhibit delves into the natural formation of the Estes Park landscape and its alteration by mankind. Sponsored by the Estes Park Museum Friends & Foundation, Inc. and the Town of Estes Park. Through September 20,2009. Located in the main museum building. March Programs March 6,7:00 PM: The lce Age Peopling of Northem Colorado: Cunent Research Around the Undenmeier Folsom Site, a National Historic Landmark. Archaeologist Jason LaBelle of CSU will present Native American prehistory in northern Larimer County, induding the internationally-famous Lindenmeier Folsom site. March 28,11:30 AM Lunch, 1 PM Program: Reflections of Mary Todd Lincoln at the Park V#/age P/ayhouse. Mary Ann Todd was ambitious, outspoken and often misunderstood. As portrayed by Caroline Krandell, she reflects upon her girlhood, her marriage to Abraham Lincoln, and their journey to Washington, D.C. Beginning January 9, tickets for an 11:30 a.m. luncheon will be available for $20, which includes entertainment and the 1:00 p.m. program. To purchase lunch tickets, call Patti at 577- 0587, Loretta at 586-3208 or visit MacDonald Book Shop by March 26. Program-only tickets will be available for $5 at the playhouse beginning at 12:30 the day of the program. Proceeds benefit the Estes Park Woman's Club scholarship fund. Sponsored by Estes Park Woman's Club, the Estes Park Museum and the Estes Park Public Library Foundation in celebration of Women's History Month. ACTION ITEMS: None BUDGET/COST: N/A RECOMMENDATIONS: None 1 1 1 , ~ Estes Park Museum lanualy, 2009 January 2009 Attendance Gallery Visitors 186 Hydroplant Visitors O Programs and Tours 220 TotalJanuary Attendance Group Meetings and Rentals 309 Estes Park Museum and Hydroplant Total Attendance and Programs 715 800 ,715' Programs and Tours Capacity 180 700- .-m. Programs and Tours Percentage Utilization 122 600 4.. * '4 7 ia . Museum Programs and Tours: 500* 1 M w 1-10 Bierstadt's Landscapes of the West 120 4004' - 1 1-23 Kiwanis Club program 15 1-30 Patchwork Storytellers Opening 85 Meetings and Rentals - Museum: 200 - -I - 1-5 Car Club 1.... a 35 1-14 Fire Services meeting 20 1-15 Sr. Center Mahler program 60 1.1.1.. 1-15 Rooftop Rodeo 30 2005 2006 2007 2008 2009 1-21 Sr. Center Religion and Philosophy 22 1-22 Sr. Center Mahler program 60 1-22 Coolest Car Show meeting 12 1-29 Sr. Center Mahler program 60 1-30 EPPD Interviews 10 Year-to-Date: 2008 461 2009 715 0 1 0. l' 1 Senior Center Meng To: Community Development Committee -Trustees Levine, Eisenlauer and Miller From: Lori Mitchell, Senior Center Director CC: Jacquie Halburnt, Lowell Richardson, Betty Kilsdonk Date: March 5,2009 Re: ESTES PARK SENIOR CENTER - General Report March SENIOR CENTER PROGRAMS / EVENTS March 3 through 31 "Shakespeare for AlI" series - continuing through April March 5 A new 8-session course begins: "Computer Education: Microsoft Word 2007" - in partnership with Park School District Outreach Program March 5 through 26 "Fairy Talesfor Grown Ups" - second in a series "Folklore in Your Lfte" by Kay Kirkman March 16 Blackhawk and Central City - day trip March 17 "St. Patrick's Day" - Party and Luncheon March 18 Medicare Counseling Sessions March 21 "Community Chili Supper"; with entertainment by cowboy singer/ international yodeling champion, Vic Anderson March 24 "Nepal Everest Base Camp TrelÂ¢' - A travel log/slide show by the DeYoungs, Truesdales and the Days of Estes Park - an active group of retirees Staffadded a weekly Mahjongg group and an additional Craft Studio time on Fridays. Regularly scheduled programming continues with a variety o f drop-in events such as Tri Fit and Tai Chi fitness classes, Bridge, Pinochle, Monday arts and crafts studio, pool and games, blood pressure checks, Religion and Philosophy Group and more. Larimer Countv Health Department Inspection: The Senior Center kitchen and Catering for All Occasions undergo unannounced inspections semi-annually by the Larimer County Department of Health and Environment. A rating of'Excellent' was received at the February 18 inspection, which is one grade improvement from the 'Good' rating received last time. Inspections look at food handling and sanitation procedures and the physical environment. Corrections have been made to minor deficiencies: replacing a light fixture cover, reorganizing the pantry storage areas, and we have conducted previously scheduled deep cleaning in the kitchen and dining areas February 27 through March 2,2009. Operating Supplies for Fundraisers and Meals on Wheels Goes Green: Thanks to a $2000 grant to the Senior Center from the Community Thtift Shop, the Meals on Wheels program is 'going green.' New packaging equipment was purchased providing many new benefits to customers. The cost effective containers for home delivered meals are 100% biodegradable, compostable and can also be recycled. The crtme colored trays are more user friendly for seniors with a clear film cover for easy food identification and are easy to open and store. The food can be reheated in the trays in either a microwave or conventional oven which is a new feature as well. Feedback has been very positive from customers. The Senior Center is also transitioning to the use of compostable/recyclable paper products for summer fundraising events. Estes Park Senior Citizens Center Inc.: EPSCC, Inc. set the breakfast dates for their 2009 fundraising season. The popular breakfast buffets will be held June 13, July 11, August 8 and September 5, 2009 from 7:00 a.m. to 11:00 a.m. at the Senior Center. The price remains the same, $7.00 for all you can eat. Last year, over 1100 people were served producing over $6500 in net income just from the breakfasts. Other EPSCC, Inc. fundraisers slated for 2009 include the Duck Race, Scottish Festival parking, a fall pie sale, and a July 4th Ice Cream Social as well as ongoing house sign and memorial brick sales STATISTICS Year to date 1.31.09 Senior Center statistics - attached ACTION ITEMS: None RECOMMENDATIONS: None BUDGET/COST: N/A 1 1 , .' 1 Estes Park Senior Center - Meal Programs Report 1.31.09 page 1 Meals on Wheels, Dining Room and Take-Out Meals Meals on Wheels Current Month January = 429 2005 Total = 4,876 2006 Total = 4,651 2007 Total = 4,056 2008 Total = 4,736 2009 YTD = 429 - 600 - 500 - 400 VY--* -300 - 200 - 100 11'111111111 0 JFMAMJ JASOND - 2005 -- 2009 - 2006 1 2007 - 2008 Dining Room Meals Previous Month = December = 656 = 65% capacity Current Month = January = 588 = 58% capacity Includes take-out meals (8), member (575) and non-member meals(5) - 1400 2005 Total = 9,854 2006 Total = 9,275 - 1200 2007 Total = 9,588 2008 Total = 8,265 2009 YTD = 588 - 1000 -4-Â«Â«u - 800 ~ - 600 1 - 400 - 200 111111111111 0 JFMAMJJASOND -+- 2005 4.- 2009 - 2006 YTD -# 2007 -*-2008 If ./ Senior Center Meal Programs Report 1.31.09 page 2 Meals on Wheels, Dining Room and Take-Out Meals Combined Meal Programs - Monthly Comparisons 1800 1600 --i 2009 1017 1400 --- - 2005 12OO 970 ::Â«144<-*-~ 120\40. 1000 -* - 2006 800 946 - 2007 600 958 400 - 2008 2OO 1000 Current Month ' Jan. = 1017 044#4#4444444 Combined Meal Programs - Yearly Comparisons 16000 - 2003 14000 11,356 - 2004 13,937 12000 - 2005 14,730 10000 . 2192P 8000 - 2007 13,644 6000 - 2008 13,001 - 2009 4000 2009 2000 YTD 0 | 1017 Senior Center Programs / Activity Attendance Report 1.31.09 page 3 Attendance at Activities and Programs Current month January = 987 (in number of visitsdrop-in and planned programs combined) - 2000 2005 Total = 10,411 2006 Total = 12,411 /1 - 1800 2007 Total = 14,089 - 1600 2008 Total = 14,441 2009 YTD = 987 - 1400 - 1200 IA ---4 - 1000 - 600 - 400 - 200 111111111111 0 JFMAMJJASOND -+- 2009 YTD -0- 2005 Total -7*- 2006 Total -1- 2007 total -0- 2008 Previous month - December 2008 Program Attendance Summarv "Planned Programs" Potential or Ideal Capacity 341 "Planned Programs /% Utilization .* 359 or 105% capacity *programs as a % of ideal capacity /actual "Drop-In" Programs utilization 628 Current month - January 2009 "Planned Programs" Potential or Ideal Capacity 244 "Planned Programs /% Utilization .* 277 or 114% capacity *programs as a % of ideal capacity /actual "Drop-In" Programs utilization 710 Senior Center / Facility Overall Attendance 1.31.09 page 4 2500 -+- 2009 YTD 2000 r /,-1\ 1128 lAi NX- A Â¥f IT= -0--2005 1500 17,857 Year Total \9: 1000 -r- â€¢ 2006 Year Total 17,471 500 -1--2007 Year Total 18,510 0 / 49 ,/ ts# y /'/ od' 40 42 -0---2008 Year total 17,562 2009 Senior Center Rentals 2009 Senior Center Non-Rental Users January (0) January TOEP meetings (5) Rider Advisory (7) NARFE (7) 2009 Year to date: 0 2009 Year to date: 19 2005 rental users = 393 2005 non-rental users = 1295 2006 rental users = 426 2006 non-rental users = 286 2007 rental users = 721 2007non-rental users = 249 2008 rental users = 599 2008 non-rental users = 270 MEMORANDUM Community Development To: Community Development Committee From: Bob Joseph Date: 2-26-09 Subject: Sign Code: Banners Background: Staff has received a request from a local business owner, Karen Steadman, to consider revisions to the existing sign code that would allow banners. Our current code provisions prohibit banners of any kind. Many communities allow banners as a temporary sign. One issue that has come up is consistent enforcement of existing regulations. It is staff' s opinion that permitting temporary banners would be time consuming to enforce and banners might have a negative impact on the image of the community in the eyes of the visitor. Budget Impact : none Recommendation: Make no change to the sign code concerning banners at this time. . 1 1 Karen's Flowers of Estes, Inc. 443 5. St. Vrain Avenue Estes Park, CO 80517 800-608-7673 - 970-586-7673 February 24,2009 To the Community Development Committee: I have had the opportunity to become well acquainted with the Town's Municipal Sign Code. I called the Building Department the week of January 12 to see if I needed a permit to hang a banner from my existing street sign. I spoke to Carolyn and she told that I did require a permit. I proceeded to go to the Building department and pick up the application so that I could fill it out and write a check. Once I arrived at the building department I was told I didn't have enough signage space left to allow for any more signage. The problem starts here. I will go into more detail at the meeting. What I am asking from the Community Development Committee is a review of the current codes regarding "wind signs" specifically banners. I believe the Town Municipal Codes were written and in theory are to be enforced as written, black and white, no opportunity for an interpretation in the "gray area". I would like this committee to "allow for gray area", whether that is a written statement that allows for exceptions or a code change in its entirety. I have been told by Building Department that the sign codes are enforced by "complaint". I have a problem with this statement as well. Again either'the codes are enforced or they are not. This needs to be black and white or allow for "gray area" Thank you for allowing me to present my case to this committee. Karen Steadman - 5% t; ap 8.Ng 0 099 A 23 >4 N ts N. 4 *R ~Â§ &88 ZE 2*0 R q n n 2 * 9 M g 82 a M M 0 0 0 0 0 0 0 8 0 9 TR B% 0 01 09 .rt ~ t--rnÂ©hh O 0 to N O ggms n en g rf,1 E ~9 11 "1 -1 g St g â€ž E Etger~6 Â° s 9 E F 920 9 1,1 0 =f 0% 1. - ri - ri m_ * W 28 020 02 .ne m R n U h 6% 08* 2 o ei -'041 DIE .3 z 325 EE E*& 0= 0 't 2@<39 b E) %) 0 U 1 4 R a 2 3660M 21&004 j Â·02 Z .48 U B 2 E E 8*96 , d k 85 E- to O 42,87 40% 42,38 100% 41,982 2,679 40% 117% 15,505 (4.965 ) 15% 15,50~ 103% 5,974 109% 3,776 1,3 105,848 107% 99% 06(8 ) I95'EL â‚¬I'g 565'9 000130010!13* pim SUO 9696 LLL'8LÂ£ OOI *Â£Â£'5* LU'BLE 96/'5 IEL'St LEO' 15 osuadxa soueuoimew pue uorielod 10/AIG# 0 5â‚¬~ MONTH TO DATE YEAR TO DATE BUDGET vs. YTD (636'ELE) (!:-EgFKOE) 58f'it (6ZO'ELE) (flf'810 088'Z (I LE't.17) (1 9'Lt') VAR VAR ratios Rev Budg 44,432 40,596 305,216 4 8,6~98 8~ mOX goe O Jo iguenb is I m paA!00@1 Klunoo qlvA luotuosinqutw VDI I $001 oseopi ooluelenS '001 lojSUBI; 1!mlod BPIEI Aunoo lomurl 'solmqo snoouelloosiw z TY DEVELOPMENT (101-1600) ance Expense IJAO SOnUOAOI KOUB!O!J 20 8 VS Revenues I 4, 1 11 ese @ee t%g 2 #g 8 28 ON O - 514Â° 0 m R r- S 0 9 = 2 gZÂ© R Q 01 0 97 E-E A-9 M 0% 62 59 0 0 2890 M 0 BÂ§ 00000 >4 N 2Â§ 0 >Â· O-1 Sfor 91 n 20 00 850 C Ki 1 9 g! r- 2% mgo AN 0 01 A- UD M . -52 0 22 0 e W 2 2 Dq-2 s ab %21 3 4 &8 0666 9â‚¬8 â‚¬ Â£08'08Â£ OOI (1Â£0'OIl) 9*f'8Lâ‚¬ Fit'89Z ( 1 ) 9Lf'6t 526'0Â£ osuadxz[ aoueuolulew pue uouelado 18101 -DATE MONTH TO DATE YEAR TO DATE YEAR TO DATE (611.28) (LELOI I ) (565'Â£91) (6â‚¬L'38) 958'08 (ECL'Â§Â£) (9Â£8'919 (t'80'11) solmipuadxg VAR VAR ratios Rev Budg Licenses and Permits 19,721 2,454 (17.267) 347,441 292,073 (55.368) 99% 19,8~0 2,640 07.256) 349,271 295,707 (53.~64) 100 (610-L6) SL'~Â£ 0*L'9â‚¬E Otherl 3,634 Â§L9'IE goueuolumw pue suo!lelodo PROTECTIVE INSPECTIONS (101-2300) COMPARISON asuadxa joueumuluff Personnel Iel,deo IOAO SOnUaAN Jo Koualoyap/Sseoxa Xel @sn - anuakal 39 ZopUJAI 82 Â¥ 0 92 ER ER Â§9g ti ra 2,6< 828 Oho - 2% 9, R X S 00 00 0 0 9 9 rt R% 4 Q N fntr; %RA =1: Fe m m 1 8 2208 8 9 89-8. .O 5 -2 49 2 N N M r. 5,0% #&9900 R m208 e. O 2Â§ ==0 >4 N 97 28 R 0 09 ~0 9o NE *0 60 Ago 9 01 04 Bilo *Â·M M *9 3 9 6. .834, 2 5 R.6 2 210M 2. - E 4 0 0 e .9 M -=. 22~ Z ag i E NE N S 0.Â¥3 NNU M EE & 8 9666 1 1 Fooll) 9*f'8Lâ‚¬ AP'89Z (l rg.81 ) 9Lf'6* 5Â£6'0â‚¬ asuadxs! 0001!UplumW puu uouel@d DATE MONTH TO DATE YEAR TO DATE YEAR TO DATE (bEL'ES) (LEL'011 ) (509.Â£91) (6â‚¬CEN) 958'08 (EgL.gE) (9Â£8'9t) (t80.11) sam)!puadxa VAR VAR ratios Rev Bud nses and Permits 19,721 2,454 (17.267) 347,441 292,073 (55.368) 19,850 2,64 (17.2 In 349,271 295 (5.3.-564) 100 (010' Lo) L'â‚¬Â£â‚¬ oti'9Â£3 l ISÂ£' El J 80*'Et 11 9'1* 5Lg' IE C )1.1) 00111!UgluIEIN pue su PROTECTIVE INSPECTIONS (101-2300) COMPARISON asugdxa vouuu 1@AO SOnUOAOI Jo Kou 0!Jop/ssooxa X81 @sn- anu@Aal 003 1OpU@AI . 02 0 0 0 0 0 5% 0 WOMMM hoo 2 --- 8 8-1-0 5528 g n =t n - ON- 0 g 88 0 fg O.n m Oci 0 0 0 59 @ 0 r-Moo h IN 20\0 00 - E * g Â° 25 E-25; f *to 00 - CS >1 61 7 1 -1- Ch O 0 1 2 0 m - e N 8 2 2 6 6 0 0 rd -rn 0 02 W *U GL LQ'9E â‚¬Iâ‚¬'06Â£ 01 (59L'L) L58'93 360'61 (59(L) LÂ§8'9Z 360'61 osuodxE[ ooueuglinew pue uoilelodo Imol 2008 2009 2009 2009 of Budget iO/AID# MONTH TO DATE YEAR TO DATE BUDGET vs. YTD % of yr> 8% Total Revenues 47,098 10,688 (36,410) 47,098 10,688 (36,410) 100 79,500 10,688 1 (69['91) (Â£18'010 (ELI'ft) (691'91) 900'83 (gLI 'ft') (691'91) 900'SE SO.Inlipuodxo 11,775 20,759 (8,985) 1 317,255 2 Charges for Services (inside) 2,470 (1,075) 3,545 2,470 (1.075) 23% 25,000 890' EL IE'I 860'9 LIE'L goireuglmew puu suo!1Elodo VAR VAR ratios Charges for Services (outside) ,100 1,500 400 1,100 1,500 400 14% 1 131 65 65 1 Â·JuoK 4380 Jo 101.renb is I m pok! 0001 KlunoD 41,/Â¥~ luoUI@SlnqUIIN VOI sool oseoloi 00}uumnS '001 lolsuE.Il Uuuod SPIE KlunOO 10Uq.Irl 'sollequ snoouetposini MUNITY DEVELOPMENT (101-1600) W COMPARISON Operation and Maintenance Expense IJAO SOnUOUI Jo KouoIDIJOP/ssooxa 2009 vs. 2008 Expenditures Revenues Intergovernmental (County) ' 42,387 6,587 (35,800) 42,387 6,587 (35,800) 62% 42,000 ' 1 1 1' Â£ Pfu 82 2% 82 92 t--c-not- 0 0 18 o 1 R m =g 0 00 02 0 82 0% 200 A..20 0 = 9 or- 33 0 zg 0 58 0 U 8 to U A .~1 Rfec= 9 - Â£ 0 R % 11 Â§2 8 .9400, 5 28 6 gg S ~ 7 -11 809 > 1 =9 ck' EE Â£58 JAN VAR YTD YTD VAR ratios YTD % MONTH TO DATE YEAR TO DATE YEAR TO DATE 2008 2008 2009 of Budget Licenses and Permits 13,883 14,098 215 13,883 14,098 215 100% 202,500 14,098 f96'ZE 9EL'LVE %LL *6'6) f96'ZE (Et,6'6) t96'ZE IEO'Â£1 *8L'9 IEL'I 6 Â£9'E) t,St/9 (Lâ‚¬9'E) *8L'9 LVI't 00Uuu@JUIEIN pUB suo Lt'L'6Z Lt+'66Â£ OI (08Â§'El) LfL'6E 9T'LI (089'ZI) LfL'6Z L91'LI osuodx3 00uuummew pue uo!}Elo (t'39'Â§ I) (Lft'Â§61) (555'El) (*Z9'9 I) (690'Â£) (ggg'ZI) (tâ‚¬9'91) (690'Â£) Solnlipugdxo 14,098 14,123 25 14,098 14,123 2 000 14,123 Other' 215 (190) 215 25 (190) PROTECTIVE INSPECTIONS (101-2300) OW COMPARISON xul OSn - OnUOAO.I OOJ 1OpUOA~ 10AO SOnUOA@l Jo Kou@!O!Jap/ssojx3 -0 E@S O 0 LO 1 OO 8 4 9 99 k- C\1 5.@~ E y 32 Â£ y Â£ g 2 0-> h Fie S r: A 1- DI 2 35 J 4 Â£ 2 8 8 Be Â£ a , CJ LO - Â£ 9 :R g. 8 -, O 5 5<62 Monthly Building t Summary 2005 - 2009 % Change tai Valuation p~ious Total valuation r~vious Valuation lous otal Valuation ~ious Va at on revious February $2,782,210 367% $3,458,209 24% $1,471,444 $2,585,466 76% $3,026,716 17% % L L- 02Â£96'Â£$ %* 1 â‚¬98'Ezt'98 $ 088'980'LE$ 968 L99'803'2*$ %â‚¬Z t6*'92'68$ a-1-A January $4,450,815 377% $2,030,683 -54% $3,487,495 $1,858,095 -47% $936,504 %Change %Change % Change $3,399,901 62% $7,080,592 108% $1,529,733 $6,030,855 294% %89 LZB'390'8$ 0/0,2 8*92Â£87$ %99- *8*'1719'L$ %LE L 89*'Elt'*$ lequlaides TOWN OF ESTES PARK $3,439,128 -28% $2,995,104 -13% $3,045,601 $1,440,763 -53% $2,100,174 26% $1,457,427 -31% $3,196,672 119% $1,890,680 -41% $6,372,224 397% $2,720,052 -57% $3,146,507 $1,335,442 -58% % UL 906'LES'ZE 6*9'EZZ'2$ %898 89Â£949'EL $ 0/OEL- 288'ZES' L$ Ainr EL' L62'*$ PLE'299'17$ %9Â£ L ZE'09*'8$ 561 L- 869'99*4$ ls,16nv %8Â£ 886'886'Â£$ rogee 96 L'ZOE'2$ %Â£9- Â£9*'Â£09$ 56LE **9'096'2$ JeqOPO *69'8607$ %9L 99*'968'3$ 560*- 961'9903$ %LO L OLO'Et*'â‚¬$ JequleAON 0*6'9 Lt,$ 998'962' L$ 9698- 998'892'3$ %LE 990' L LO'â‚¬$ lequlejea 6002 0.1-A ;!Uued 6uiPI!ne\60-Â£008 911=IOdabl\SlbIOdEIH 31Â¥a-Ol.-13Â¥3*\SlyOdabl\Bu!PlinE]\Aep U.Il.U00\EJeA.les\\ Town Clerk's Office Memo To: Community Development Committee Town Administrator Halburnt From: Jackie Williamson, Town Clerk Date: February 27,2009 Subject: Ordinance to Delete Community Special Event Vendor Licensing Requirements Background: At the Town Board Study Session held January 27, 2009, the Board discussed the ordinance that was passed in 2007 requiring vendors in the "CD" - Commercial Downtown district to obtain a vendor license. This requirement also triggered the completion of the State's Lawful Presence Affidavit by all sole proprietors. The Board heard from community special event coordinators that expressed the need to change the ordinance because of the considerable time and paperwork needed to comply with the Town and State laws. Therefore, the attached ordinance removes all references to community special event vendors and the need to obtain a license. The ordinance also removes the need for community special event coordinators to obtain a license. Staff recommends both fees be included in the Special Event Policy Manual as a part of the rental fee for Bond Park. By doing so, the Lawful Presence Affidavit would not be required and would allow fees to be changed in the future without changing the Municipal Code. The proposed ordinance also addresses the licensing requirements at Town owned facilities. Currently, groups renting the fairgrounds have not obtained business licenses because of the rental fee paid to use the facility. This practice is inconsistent with the Municipal Code. The exemption added to section 5.20.100 addresses this practice and exempts any business, profession or occupation solely conducted on property owned by the Town from obtaining a business license. Budget N/A Action: The Town Clerk's office requests the consideration of the proposed Ordinance. ORDINANCE NO. -09 AN ORDINANCE AMENDING CHAPTER 5.20 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO RELATING TO COMMUNITY SPECIAL EVENT LICENSES. WHEREAS, it is necessary for Chapter 5.20 of the Municipal Code to be amended with regard to community special event licenses; and WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado, has determined it is in the best interest of the Town to amend the Municipal Code of the Town of Estes Park, Colorado by the adoption of this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: Section 5.20.010 (a) of the Municipal Code shall be amended to read as follows: "Each business, profession, or occupation within the Town, which business, profession, or occupation consists of the selling of goods, wares, merchandise or service; the performing or rendering of service for charge; the leasing, renting or furnishing of accommodation units; and the carrying on or engaging in any nonresidential business shall obtain and maintain a business license. Each business, profession, or occupation conducted at a separate physical location, regardless of ownership, shall obtain and maintain a separate business license." Section 2: Section 5.20.010 (c) of the Municipal Code shall be deleted in its entirety. Section 3: Section 5.20.020 of the Municipal Code shall be amended by the deletion of definitions for "Community special events", "Community special event coordinator", and "Community special event vendor". Section 4: Section 5.20.020 of the Municipal Code for the definition of "General business" shall be amended as follows: "General business means the carrying on or engaging in any business, profession, or occupation within the Town which business, profession, or occupation consists of the selling of goods, wares, merchandise or services or the performing or rendering of service for charge; except the carrying on or engaging in an accommodation, building contractor, or home business." 1 1. 10 Section 5: Section 5.20.030 (6) of the Municipal Code shall be deleted in its entirety. Section 6: The first paragraph of Section 5.20.040 and subsection (1) of the Municipal Code shall be amended to read as follows: "Every person who is the owner of any business, profession, occupation, or accommodation unit including owners of multiple businesses at separate physical locations shall obtain a business license from the Town as follows: (1) A business license shall be obtained prior to engaging in any business, profession, occupation, or accommodation within the Town." Section 7: Section 5.20.050 (b) of the Municipal Code shall be deleted in its entirety. Section 8: Section 5.20.060 (b) of the Municipal Code shall be deleted in its entirety. Section 9: Section 5.20.070 of the Municipal Code shall be amended to read as follows: "It shall be a violation of this Chapter for an owner of a business, profession, occupation, or accommodation to fail to obtain and maintain the business license; refuse to make payment to the Town of the business license fee; or fail to complete the application process." Section 10: Section 5.20.080 of the Municipal Code shall be amended as follows: "The Town shall give written notice to the owner of any business, profession, occupation, or accommodation who has failed to pay the fee in accordance with Section 5.20.060. If the business license fee is not paid in full within twenty (20) days of the date of the notice, the Town shall revoke the business license. Upon revocation of the business license, the owner's right and privilege to conduct the business, profession, occupation, or accommodation within the Town is terminated." Section 11: Section 5.20.085 of the Municipal Code shall be amended as follows: "Upon revocation of a business license or failure to obtain and maintain a business license, the owner's right and privilege to conduct its business, profession, occupation, or accommodation within the Town is terminated. Following termination, the Town may seek injunctive relief in the District Court to enjoin the owner of any business, profession, occupation, or accommodation within the Town from conducting said business, profession, occupation, or accommodation within the Town." 2 Section 12: Section 5.20.100 of the Municipal Code shall be amended by the addition of subparagraph (3) as follows: "Any business, profession or occupation solely conducted on property owned by the Town." Section 13: The Ordinance shall take effect and be in force thirty (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 , 2009. TOWN OF ESTES PARK, COLORADO By: 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 2009, and published in a newspaper of general publication in the Town of Estes Park, Colorado on the day of ,2009. Town Clerk 3 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 5.20 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO TO INCLUDE COMMUNITY SPECIAL EVENT VENDORS WHEREAS, it is necessary for Chapter 5.20 of the Municipal Code to be amended with regard to licensing of community special event vendors; and WHEREAS, it is necessary to adopt certain terms and restrictions for the licensing of all vendors associated with special events; and WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado, has determined it is in the best interest of the Town to amend the Municipal Code of the Town of Estes Park, Colorado by the adoption of this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: Sections 5.20.010 (c), 5.20.020 (6), 5.20.030 (6), 5.20.040, 5.20.50 (b), 5.20.060 (b), 5.20.070, and 5.20.080 Sub of the Municipal Code shall be amended to read as follows: 5.20.010 Business license fee. (a) Each business, profession or occupation within the Town, which business, profession or occupation consists of the selling of goods, wares, merchandise or service; the performing or rendering of service for charge; the leasing, renting or furnishing of accommodation units; and the carrying on or engaging in any nonresidential business or community special event shall obtain and maintain a business license . Each business, profession or occupation conducted at a separate physical location, regardless of ownership, shall obtain and maintain a separate business license. (c) Each community special event vendor that engages in business within the corporate limits of the Town shall first obtain a license from the Town Clerk. The community special event coordinator is required to have a General business license. Any community special event coordinator or special event vendor with a current Town business licence is exempt from this business licencc fee. 5.20.020 Definitions. (6) Community special event vendor means any business that sells or offers to sell any goods, wares, merchandise or service in conjunction with a community special event. Community special event coordinator means the individual or organization that is responsible for the management of tho community special event. "General business means the carrying on or engaging in any business, profession, or occupation within the Town which business, profession, or occupation consists of the selling of goods, wares, merchandise or services or the performing or rendering of service for charge; except the carrying on or engaging in an accommodation, building contractor, community special event or home business." 5.20.030 Amount of licensc fcoi The business licensc fcc is set forth as follows: (6) Community Special Event Vendor The business license fcc shall be as fO[lows* 1 day $ 10.00 2 days $ 15.00 3 days $ 20.00 4 7 days $ 25.00 8 30 days $ 50.00 +30 days $200.00 5.20.040 Business license required. Every person who is the owner of any business, profession occupation, or accommodation unit or community special event vendor including owners of multiple businesses at separate physical locations, which is subject to the business license fee set forth in this Chapter, shall obtain a business license from the Town prior to engaging in any business, profession, occupation, accommodation or community special event within the Town. (Ord. 1-91 Â§1(part), 1991; Ord. 19-91 Â§1(part), 1991; Ord. 4-04 Â§1, 2004) (1) A business license shall be obtained prior to engaging in any business, profession, occupation, gLaccommodation ef-speeia-1-event-within the Town." 5.20.050 Form of license; transfers. (b) Every community special event business license shall be numbered and show the vendor name, name of the event and dates applicable and shall be displayed at each booth in a conspicuous place. 5.20.060 Payment of license fee. (b) Community special event vendor fees shall be collected by the community special event coordinator and remitted to the Town Clerk with the name of the 2 'tu vendor, vendor's sales tax information, name of event and date(s) of event at least 10 business days prior to the start of the event. 5.20.070 Violation. It shall be a violation of this Chapter for an owner of a business, profession, occupation, or accommodation or community special event vendor or any person subject to the business license fee imposed herein to fail or refuse to make payment to the Town of the fee or in any other manner to evade the collection and payment of the fee or any part imposed by this Chapter. (Ord. 1-91 Â§1(part), 1991; Ord. 19-91 Â§1(part), 1991; Ord. 4-04 Â§1, 2004) 5.20.080 Revocation of license. The Town, after giving written notice to the owner of any business, profession, occupation, 2[_accommodation or community special event vendor who has either failed to pay the fee in accordance with Section 5.20.060 may revoke the license of the owner. Upon revocation of the license, the owner's right and privilege to conduct the business, profession, occupation or accommodation within the Town is terminated. (Ord. 1-91 Â§1(part), 1991; Ord. 19-91 Â§1(part), 1991; Ord. 4-04 Â§1,2004) 5.20.085 Termination of right to conduct business Upon revocation of a business license or failure to obtain and maintain a business license, the owner's right and privilege to conduct its business, profession, occupation, or accommodation or participate in a community special event within the Town is terminated. Following termination, the Town may seek injunctive relief in the District Court to enjoin the owner of any business, profession, occupation, or accommodation oF the community special event vendor within the Town from conducting said business, profession, occupation, or accommodation or participate in a community special event within the Town." Section 2: This Ordinance shall take effect and be in force thirty (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 , 2007. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk 3 Town Administration Memo TO: Chairman Chuck Levine and Community Development Committee Board Members From: Lowell Richardson, Deputy Town Administrator CC: Jacqueline Halbumt, Town Administrator Date: 3/3/2009 Re: Shuttle contract Background In October 2008 the Town Board approved continuing the shuttle system for the 2009 season. Staff researched various vendors to provide buses and transportation services for the Estes Park Shopper Shuttle. Only one service provider exists within the Town of Estes Park, McDonald Transportation. McDonald Transportation has offices and shops located within the Town of Estes Park. The Town of Estes Park and McDonald Transportation have had a three year working relationship for providing shopper shuttle services. That relationship has been excellent. McDonald Transit can provide services for the Town of Estes Park that includes; labor, bus leases, routine maintenance and fuel expenses. The fee structure for services contains a base rate amount with a factored overage amount based on the three year shuttle history. Fuel costs are estimated based on the three year history with a base rate fuel cost. The contract agreement for services includes a component requiring McDonald Transit to manage the acquisition of (3) buses at a previously agreed upon amount ($31,900) including one handicap accessible bus. This agreement has been reviewed by the Town's Attorney Greg White. Budget Approved in the 2009 budget AccounW 101-5600-456-22-60 for shuttle services is $180,509 itemized breakdown is as follows: 1) Labor and fuel $141,568 2) Additional fuel costs $5,541 3) 3 buses leased $31,900 4) Mileage overage $1,500 Total $180,509 The remaining amount in the budget will cover shuttle services for the Christmas parade and other events as needed. Recommendation Staff requests approval of the contract agreement with McDonald Transit for shuttle services for 2009. 1 .. AGREEMENT THIS AGREEMENT is made and entered into this day of 2009 by and between the Town of Estes Park (hereinafter referred to as the "TOWN"), and McDonald Transit Associates, Inc., located at 4500 Mercantile Plaza Drive, Suite 307, 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. 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. Page 1 ARTICLE 2. TOWN DESIGNEE The Town Administrator or her designee shall have the authority to act for and exercise any of the rights ofthe 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. C. Vehicle Lease. The Contractor shalllease three (3) buses for the purpose of providing the necessary shuttle activities. The buses shall be gasoline powered and each individual bus shall be designed to carry a maximum of twenty-four (24) passengers. It shall be the responsibility of Contractor to lease the vehicles and have the vehicles available for the 2009 season. The Town shall reimburse the Contractor for all lease payments set forth in the lease. The Town shall also reimburse the Contractor for any other out-of-pocket expenses incurred by Contractor pursuant to the terms and conditions of the lease including, but not limited to, vehicle insurance, taxes, and permits. Contractor shall not be entitled to any reimbursement for administrative costs in negotiating and performing the terms and conditions of the lease. Prior to the execution of the leases, Contractor shall provide copies of the final lease documents to the Town for review. The Town shall have ten (10) days from receipt of said lease documents to review the terms and conditions ofthe lease and make any objections including, but not limited to, the amount of the lease payments and other costs to be reimbursed by the Town. The parties agree that the aggregate sum of all lease payments and other reimbursements pursuant to the leases shall not exceed $31,900. Page 2 AU . 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 31,2009 ("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 2010 and 2011 Seasons (Second Option Term) and (Third Option Term), 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 December 1,2009 or December 1,2011 of its election to extend this Agreement for the Second or Third Option Term. The parties understand and agree that the services set forth on Exhibit A and/or the leasing of a certain number of vehicles and the lease terms and conditions set forth in Article 3 (C) may be altered by the TOWN in its exercise of its Second or Third Option Term. In the event that the changes to the services and/or leasing of the buses represents a substantial change from the terms set forth on Exhibit A and the leases agreed to in 2009, the TOWN shall receive the CONTRACTOR'S written approval of said changes which approval shall not be unreasonably withheld. 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. The "maximum term" ofthis Agreement shall be extended by mutual agreement to include the service in June 2011 through September 2011. 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 Page 3 1 . . changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the Untied 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 4500 Mercantile Plaza Drive, Suite 307 P O Box 1200 Fort Worth, Texas 76137 Estes Park, CO 80517 Attn: Robert Babbitt, President Attn: Jacqueline Halburnt, Town Administrator Phone: (817) 232-9551 Phone: (970) 586-5331 Fax: (817) 232-9560 Fax: (970) 586-2816 ARTICLE 7. INDEPENDENT CONTRACTOR The CONTRACTOR's relationship to the TOWN in the performance ofthis 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 ofthe 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 Page 4 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 ofthe 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 ofall 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 ofthe 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 Page 5 .,0 Lr 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 aillosses, 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, loss or damage; provided that 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 Page 6 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 request 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 ofthis warranty, the CONTRACTOR shall take the necessary actions to correct the breach and the consequences thereof, at the CONTRACTOR's Page 7 sole expense, in the most expeditious manner as permitted by existing circumstances. Ifthe 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 ofthis Agreement, it shall comply with all applicable federal, state and local laws, statutes and ordinances and alllawful orders, rules and regulations promulgated thereunder. ARTICLE 16. OWNERSHIP OF REPORTS AND DOCUMENTS The originals ofall 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. Page 8 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 ofthe 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 indemnifythe TOWN ifthe suit orclaim 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. Page 9 ARTICLE 19. DEFAULT In the event either Party shall fail to observe or perform any of the terms and provisions ofthis Agreement and such failure shall continue for a period often (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 ofthis 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, Page 10 covenants and conditions ofthis 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. SOLE SOURCE CONTRACT To the extent this Agreement may be construed to be a'sole source contract' within the meaning of sections 15 through 17 of Article XXVIII of the Colorado Constitution, and to the extent these constitutional provisions have not been enjoined or invalidated by a court of competent jurisdiction, the requirements and limitations of these constitutional provisions are hereby incorporated in this Agreement. ARTICLE 27. 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. Â§ 8-17.5-101(1) ("Program") in order to verify that it does not employ illegal aliens. Page 11 â€¢, 4 4 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 ofjob 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. Page 12 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 Page 13 41 Exhibit A 2009 Season Hours: Shopper Shuttle: June 27,2009 to August 30,2009 10:00 a.m. to 9:00 p.m. Shopper Shuttle Weekend: September 5, September 6 and September 7, September 12 and 13, September 19 and 20, and September 26 and 27 10:00 a.m. to 9:00 p.m. Revenue Hours Shopper Shuttle 1,628 1 Campground Shuttle: June 27,2009 to August 30,2009 10:00 a.m. to 9:00 p.m. Campground Shuttle Weekends: September 5, September 6 and September 7, September 12 and 13, September 19 and 20, and September 26 and 27 10:00 a.m. to 9:00 p.m. Revenue Hours Campground Shuttle 770 1 Revenue Hours Total Season: 2,398 Rate: For 2009, the Department of Labor Contract Clause 52.217-09 (Option to Extend the Term ofthe Contract) and Contract Clause 52.222-43 Fair Labor Standards Act and Service Contract Act-Price Adjustment (Department of Labor's Wage Determination No. 1994-2531 Revision 29) will identifv a billing rate increase to be determined at a later date. Base Hour Additional Hours 1,650 Hours 748 additional service hours $63.32 per hour $43.33 per hour $104,478 $37,410.84 $136,889 Total Fuel Adjustments: The cost per gallon over $2.50/gallon will be in addition to the base rate. Vehicle Lease: Page 14