HomeMy WebLinkAboutPACKET Town Board 2024-05-14
Prepared 05-03-2024
*Revised
The Mission of the Town of Estes Park is to provide highquality, reliable services
for the benefit of our citizens, guests, and employees, while being good stewards
of public resources and our natural setting.
BOARD OF TRUSTEES - TOWN OF ESTES PARK
Tuesday, May 14, 2024
7:00 p.m.
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ADVANCED PUBLIC COMMENT
By Public Comment Form: Members of the public may provide written public comment on a specific
agenda item by completing the form found at https://dms.estes.org/forms/TownBoardPublicComment.
The form must be submitted by 12:00 p.m. the day of the meeting in order to be provided to the Town
Board prior to the meeting. All comments will be provided to the Board for consideration during the
agenda item and added to the final packet.
PLEDGE OF ALLEGIANCE.
(Any person desiring to participate, please join the Board in the Pledge of Allegiance).
AGENDA APPROVAL.
PUBLIC COMMENT. (Please state your name and address).
TOWN BOARD COMMENTS / LIAISON REPORTS.
TOWN ADMINISTRATOR REPORT.
CONSENT AGENDA:
1. Bills - https://dms.estes.org/WebLink/Browse.aspx?id=253208.
2. Town Board Minutes dated April 23, 2024.
3. Transportation Advisory Board Minutes dated February 21, 2024 (acknowledgment
only).
4. Resolution 38-24 Contract with Wagner Construction Inc. for the Reclamation
Neighborhood Improvements, $3,531,040 Î Budgeted.
5. Resolution 39-24 Third Amendment to the Intergovernmental Agreement with Platte
River Power Authority, Fort Collins, Loveland, and Longmont for the Funding and
Coordination of a Joint Compensation Study, $1,136.62 Î Budgeted.
Page 1 of 3
6. Resolution 40-24 United States Department of Agriculture Grant Application for
Trailblazer Broadband.
7. Reappointment of Guy ÒWayneÓ Newsom to the Estes Park Board of Adjustment for a
term expiring March 31, 2027.
REPORTS AND DISCUSSION ITEMS: (Outside Entities).
1. BASE FUNDING REPORT - CROSSROADS MINISTRIES. Executive Director
Schaffer.
2. 2024 NORTHERN COLORADO INTERSECTIONS REPORT. Community Foundation
of Northern Colorado Director Bouchard.
Introduction and summary of the Northern Colorado Intersections report.
3. TUITION ASSISTANCE IN THE ESTES VALLEY. Manager Bangs.
Presentation on the current status of tuition assistance programs in the Estes Valley
and the presentation of the 2023 Tuition Assistance report from EVICS.
ACTION ITEMS:
1. RESOLUTION 41-24 SUPPLEMENTAL BUDGET APPROPRIATIONS #3 TO THE
2024 BUDGET. Director Creamean.
To appropriate for the extension of 1A funds, Enterprise Resource Planning project
additional funds, the Revitalizing Main Street grant received from the State, and
certain other budget corrections.
2. RESOLUTION 42-24 CONTRACT WITH TYLER TECHNOLOGIES FOR
ACCOUNTING SOFTWARE ACQUISITION AND IMPLEMENTATION. ERP Manager
Hudson.
To enter into a contract to acquire and implement a new Software as a Service (SaaS)
accounting system from Tyler Technologies.
3. RESOLUTION 43-24 CONTRACT WITH SPRYPOINT SERVICE, INC. FOR UTILITY
BILLING SOFTWARE ACQUISITION AND IMPLEMENTATION. ERP Manager
Hudson.
To enter into a contract to acquire and implement a new Software as a Service (SaaS)
utility billing system from SpryPoint Service, Inc.
4. RESOLUTION 44-24 CONTRACT WITH RATP DEV USA, INC FOR 2024
OPERATION OF THE PEAKÓS RED ROUTE. Manager Klein.
To allow for daily 9 a.m. Î 9 p.m. operation of the Red Route Shuttle from May 24 -
Oct 20, 2024.
5. RESOLUTION 45-24 INTERGOVERNMENTAL AGREEMENT WITH CDOT FOR
2024 THE "BUSTANG TO ESTES" TRANSIT SERVICE. Manager Klein.
To allow for 40 days of operation of CDOT's Interregional Express bus service to Estes
Park.
6. RESOLUTION 46-24 CONTRACT WITH COULSON EXCAVATING COMPANY, INC.
FOR THE 2024 OVERLAY & PATCHING PROGRAM. Engineer Wittwer.
Resurfacing of West Elkhorn Avenue and other streets.
7. RESOLUTION 47-24 CONTRACT WITH DIETZLER CONSTRUCTION
CORPORATION FOR GRAVES AVENUE SAFE ROUTES TO SCHOOL
IMPROVEMENTS PROJECT. Engineer Wittwer.
For sidewalk improvements along Graves Avenue.
Agenda continues on Page 3
Page 2 of 3
8. INTERVIEW COMMITTEE FOR THE ESTES PARK PLANNING COMMISSION.
Town Clerk Williamson.
EXECUTIVE SESSION:
For discussion of specialized details of security arrangements or investigations Section 24-6-
402(4}(d), C.RS. Î Regarding Board Security.
ADJOURN.
Page 3 of 3
Town of Estes Park, Larimer County, Colorado, April 23, 2024
Minutes of a Regular meeting of the Board of Trustees of the Town of Estes
Park, Larimer County, Colorado. Meeting held in the Town Hall and Virtually in
rd
said Town of Estes Park on the 23 day of April, 2024.
Present: Wendy Koenig, Mayor
Marie Cenac, Mayor Pro Tem
Trustees Kirby Hazelton
Frank Lancaster
Barbara MacAlpine
Patrick Martchink
Cindy Younglund
Also Present: Travis Machalek, Town Administrator
Jason Damweber, Assistant Town Administrator
Dan Kramer, Town Attorney
David Thrower, Municipal Judge
Jackie Williamson, Town Clerk
Bunny Victoria Beers, Deputy Town Clerk
Absent: None
Mayor Koenig called the meeting to order at 7:00 p.m.
PROCLAMATION – PUBLIC SERVICE RECOGNITION WEEK.
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Mayor Koenig proclaimed May 5 through the 11public service recognition week and
recognized the accomplishments and contributions of government employees at all
levels.
AGENDA APPROVAL.
Town Administrator Machalek requested an addition of the Future Study Session
discussion as Action Item one following the swearing-in ceremony. It was moved and
seconded (Younglund/MacAlpine) to approve the Agenda with the addition of a
future study session agenda item as Action Item one, and it passed unanimously.
PUBLIC COMMENTS.
Richard Laskey/Estes Valley Fire Protection District (EVFPD) Chief introduced himself
to the community and the Board, and stated he was hired in January 2024. He
commented on his eagerness to serve the community, spoke regarding the commitment
of the volunteers, and looked forward to building relationships as the Fire Chief.
TRUSTEE COMMENTS.
Trustee comments have been summarized: Earth Week Celebrations would take place
to include: environmental film festivals, one hosted by local students, seedling
giveaways, the Watershed Coalition and VEP would host a symposium on Water in the
west, Lauren Shriver/Astronaut would speak at the YMCA of the Rockies on his shuttle
mission, and a Community Clean Up along the riverwalk and downtown ahead of spring
blooms. In July 2024, Sister Cities would be traveling to Monteverde, Costa Rica to
learn about their government leadership, local economy, and education systems to
prepare for future adult and student exchanges. It was suggested the dark skies
initiatives and opportunities could expand tourism by promoting the ability to see the
Milky Way in Estes Park. Trustee MacApline has assembled an exploratory committee
to investigate opportunities to form a Colorado Mountain College in Estes Park. Rooftop
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Rodeo would take place July 5 through 10. The public was reminded to attend the
next Trustee Talk hosted by Mayor Pro Tem Cenac and Trustee Lancaster. The
Economic Development and Workforce Council would be defining metrics for the
organization to adequately measure success in the future. The Platte River Power
Authority stated they were on schedule to provide renewable energy by 2030. Mayor
Koenig encouraged Efficiency Works to provide a presentation to the incoming Board.
The Board recognized Mayor Koenig and Trustees MacAlpine and Martchink for their
time and service on the Board of Trustees. Outgoing Board members stated gratitude
Board of Trustees – April 23, 2024 – Page 2
for the opportunity to serve and encouraging other citizens to consider running in the
future.
TOWN ADMINISTRATOR REPORT.
Town Administrator Machalek presented the 2024 Organization Plan as required by
Board Policy 3.13 and following the certification of results of each biennial election. He
presented policy governance report for policies 3.3 and 3.7 and reported full compliance
outside of 3.3.2 and 3.3.4 where he reported partial compliance due to three budgeting
errors causing budget spending to materially deviate from the levels approved in the
adopted budget including: 2024 Budgeted Salary Projection, 2023/2024 Purchase
Power, and the Internal Services Director allocation. He stated secondary checks on
purchase power budget entries would be conducted moving forward, and the power
budget would increase at a projected rate of 6% per year to ensure the budget covers
purchase power if demand exceeds projections. In order to maintain structural balance,
staff would continue to monitor sales tax which was trending 8% lower than budget.
He recognized Mayor Koenig and Trustees MacAlpine and Martchink for their years of
service on the Board of Trustees and spoke briefly on their strengths.
1. CONSENT AGENDA:
1. Bills.
2. Town Board Minutes and Study Session Minutes dated April 9, 2024.
3. Resolution 34-24 Intergovernmental Agreement for 2024 Fiscal Year
Certifications and Assurances as required for Federal Transit Administration
Funding for Public Transportation with CDOT.
4. Acceptance of Town Administrator Policy Governance Monitoring Report.
5. Resolution 37-24 Authorizing Town Staff to Administer an Account on the
Application Intake System of the United States Department of Agriculture.
It was moved and seconded (Martchink/Hazelton) to approve the Consent
Agenda, and it passed unanimously.
ACTION ITEMS:
1. RESOLUTION 35-24 6E FUNDING EXPENDITURE FOR A CHILDCARE
FUNDING AGREEMENT WITH THE YMCA OF THE ROCKIES. Manager Bangs
expressed gratitude for the Board’s commitment to childcare and workforce
housing initiatives. She presented a resolution to approve an expenditure to the
YMCA of the Rockies to support out-of-school programming, additional staffing
and assistance to local families with children with special needs. The request
would fund a new lead Inclusion Counselor, additional Inclusion Counselor for
children under 5 years old and tuition assistance totaling $35,420. Town staff
recommended approval. It was moved and seconded (MacAlpine/Cenac) with
a correction to the reference to EVRPD in Section 15 of the Agreement to
YMCA, and the motion passed unanimously.
ACKNOWLEDGEMENT OF MAYOR KOENIG AND TRUSTEES MACALPINE AND
MARTCHINK. Resolutions of Respect were read for Mayor Koenig, and Trustees
MacAlpine and Martchink and Town Administrator Machalek acknowledged each
member and thanked them for their service to the community. Mayor Koenig was further
recognized as serving the Town as the first woman mayor.
Mayor Koenig called a break at 8:00 p.m. and the meeting was reconvened at 8:23 p.m.
SWEARING-IN CEREMONY FOR NEWLY-ELECTED MAYOR AND TRUSTEES.
Judge Thrower conducted a swearing-in ceremony for newly-elected Mayor Gary Hall
and Trustees Bill Brown, Mark Igel, Frank Lancaster and Cindy Younglund.
Board of Trustees – April 23, 2024 – Page 3
The meeting reconvened at approximately 8:29 p.m.
ACTION ITEMS:
1. FUTURE STUDY SESSION AGENDA ITEMS. Mayor Hall requested Board
interest in adding future study session agenda items. It was requested and
determined the following would be added to future study session/unscheduled
agenda items: 1) options for relief to downtown businesses impacted by the
Downtown Estes Loop construction; 2) the Town’s noise ordinance; 3)
annexation of unincorporated area of the Estes Valley; and 4) possible
reimplementation of the joint planning area.
2. APPOINT MAYOR PRO TEM. It was moved and seconded (Hall/Younglund) to
approve the appointment of Trustee Marie Cenac as Mayor Pro Tem, and
the motion passed unanimously.
3. TOWN BOARD POLICY 101 – BOARD ASSIGNMENTS. Policy Governance
101 Board Appointments outline the appointments to a number of Boards,
Commissions and Task Forces. The following were considered by the Board for
formal approval and appointment:
Board, Commission or Task Force Liaison Staff Liaison Type of
Committee
Estes Park Planning Commission Trustee Steve Careccia Advisory/
Lancaster Decision Making
Estes Park Board of Adjustment Trustee Brown Steve Careccia Decision Making
Rooftop Rodeo Committee Trustee Cenac n/a Outside
Estes Park Museum Friends and n/a Derek Fortini Outside
Foundation Inc.
Police Auxiliary Trustee Igel Ian Stewart Working Group
(Interim)
Transportation Advisory Board Trustee Igel Greg Muhonen Advisory
Estes Valley Restorative Justice Trustee Hazelton Becky Weller Working Group
(Interim)
Estes Park Board of Appeals Trustee Steve Careccia Advisory/
Younglund Decision Making
Sister Cities Trustee n/a Working Group
Younglund
Estes Park Housing Authority Board of Trustee Brown n/a Outside
Commissioners
Committee or Board Appointed Staff Liaison Type of
Member(s) Committee
Audit Committee Mayor Hall Trustee Travis Advisory
Cenac Machalek
Trustee Brown
Colorado Association of Ski Towns Voting Designee – n/a Outside
(CAST) Trustee Cenac
Alt Designee
Trustee Hazelton
Platte River Power Authority Board of Mayor Hall Reuben Outside
Directors Bergsten
Estes Chamber of Commerce Economic Trustee Hazelton & n/a Outside
Development and Workforce Council TA Machalek or
Designee
Larimer County Regional Opioid Trustee Younglund Outside
Abatement Council expires 02/14/2025
Larimer County Solid Waste Policy Trustee Lancaster n/a Outside
Council expires 11/30/2024
Local Marketing District (Visit Estes Trustee Brown Alt n/a Outside
Park) Designee Trustee
Board of Trustees – April 23, 2024 – Page 4
Lancaster
Regional Transportation Infrastructure Trustee Igel n/a Outside
Funding Task Force
Larimer County Behavioral Health Policy Mayor Hall n/a Outside
Council
It was moved and seconded (Cenac/Igel) to approve the revisions to Policy
101 Board of Trustees Division of Responsibilities. No vote was cast as the
substitute motion was passed. Board discussion ensued regarding the proposed
Local Market District (LMD) appointment, the need for an alternate designee on
the LMD, and the workload for a new Trustee. Trustee Lancaster stated the
previous Board was committed to discussing whether the appointed Town Board
member would be a voting member of the LMD or a citizen liaison. Board
consensus was to remove the alternate designee and to maintain a Board
member as a voting member of the LMD Board. Kent Smith/Town citizen and
Greg Rosener/Town citizen stated support to maintain a Trustee member on the
VEP Board. Kara Franker, CEO of Visit Estes Park (LMD) stated the District
would support the Board’s decision and would work with the Board member
appointed..
Additional discussion on the LMD Board appointment has been summarized:
clarification on the reasoning behind the recommended appointment; whether a
fresh perspective and opinion was of value; the commitment level for certain
liaison responsibilities; and the learning curve for newly elected members. Both
Trustees Brown and Hazelton stated a willingness to serve the community and
both shared interest in serving on the LMD Board. A substitute motion was
made (Lancaster/Younglund) to adopt Policy 101 appointing Trustee
Hazelton to the LMD, removing the alternate designee, and appointing
Trustee Brown to the Estes Chamber of Commerce Economic Development
and Workforce Council, and it passed with Mayor Hall, Trustee Brown, and
Trustee Igel voting “No”.
4. STAFF ASSIGNMENTS. Town Clerk Williamson presented the staff
appointments and noted a minor change on the Assistant Municipal Judge
position. Assistant Municipal Judge Courtenay Patterson would be stepping
down from the position due to other judicial commitments. The Town would
consider a process for filling the position at a later date. It was moved and
seconded (Hazelton/Igel) to approve the appointments of Jackie Williamson
as Town Clerk, Jeremy Creamean as Town Treasurer/Town Clerk Pro Tem,
Dan Kramer as Town Attorney, David Thrower as the Municipal Judge and
Travis Machalek as the Town Administrator, and it passed unanimously.
5. RESOLUTION 36-24 CONTRACT WITH DAVID THROWER FOR MUNICIPAL
JUDGE SERVICES. Town Clerk Williamson presented a new contract for
Municipal Judge Thrower. The contract would run through the next regular
municipal election in 2026. No changes to the contract were proposed. Judge
Thrower also presides as the Liquor Authority as outlined in the Municipal Code
through the proposed contract. The contract would begin on April 24, 2024 and
terminate on April 28, 2026 with all other conditions remaining the same. It was
moved and seconded (Brown/Cenac) to approve Resolution 36-24, and it
passed unanimously.
Whereupon Mayor Hall adjourned the meeting at 9:19 p.m.
Gary Hall, Mayor
Bunny Victoria Beers, Deputy Town Clerk
Town of Estes Park, Larimer County, Colorado, February 21, 2024
Minutes of a Regular meeting of the TRANSPORTATION ADVISORY
BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held
in the Municipal Building in said Town of Estes Park on the 21st day of
February, 2024.
Board: Chair Belle Morris; Vice-Chair Kristen Ekeren; Members Javier Bernal,
Jessica Ferko, Ann Finley, Larry Gamble, Linda Hanick, Mark Igel, and
Gordon Slack; Trustee Patrick Martchink; Staff Liaison Greg Muhonen
Attending: Chair Morris; Vice-Chair Ekeren; Members Bernal, Finley, Gamble, Hanick,
Igel, and Slack; Trustee Martchink; Director Muhonen; Manager Solesbee;
Engineer Bailey; Supervisor Klein; Recording Secretary McDonald;
Anthony Pratt, Kimley-Horn; Paul Hornbeck, Community Development
Absent: Member Ferko
Chair Morriscalled the meeting to order at 12:07p.m.
PUBLIC COMMENT
None.
APPROVAL OF MINUTES DATED JANUARY 17, 2024
It was moved and seconded (Gamble/Ekern)to approve the January 17, 2024,
minuteswith a minor amendment, and it passed unanimously.
2045 TRANSPORTATION MASTER PLAN & 2030 TRANSIT DEVELOPMENT PLAN
Consultant Pratt presented the 2045 Transportation Plan, with clarifications provided as
needed by Manager Solesbee. Presentation summary points included the phenomenal
level of public engagement on the online survey and interactive mapping tool, the results
of which will remain accessible for viewers; the constructiveness and positivity of
comments received; respondent perception, habits, and requests regarding transit; the
ranking and summary descriptions of the Plan’s goals, and how they will be prioritized by
the Steering Committee and public involvement; and concepts for transit improvements
regarding frequency of routes and service, new types of service, and infrastructure
projects.
Discussion points for the survey included the importance of distinguishing between visitor
and resident feedback; the decision to measure user demographic for the survey but not
the mapping tool; public engagement activity following informational mailings,
presentations, and other gatherings; the desire to be environmentally thoughtful and
resilient in the final version of the plan; the definition and clarification of Vulnerable Road
User (VRU) as someone not enclosed in a vehicle; the need to address emergency
evacuation planning with engagement of the Larimer County Sheriff and Colorado State
Transportation Advisory Board–February 21, 2024–Page 2
Patrol; theneed to describe the transit hub and why the location was chosen; and
economic development factors for Colorado Highway 7 (CO 7) businesses. Consultant
Pratt advised that topical white papers would be reviewed by the Steering Committee and
featured on the website. An open house/workshop is being planned for March, so that
public feedback can help shape the prioritization processand the development of a final
report that addresses realistic, achievable goals.
ENGINEERING UPDATE
Engineer Bailey reported that the Visitor Center Parking Lot Redesign contract would be
presented at the February 27 Town Board meeting. If approved, construction planning
could begin immediately.
Utility relocations continue for the Cleave Street Improvements project, with Xcel currently
moving the gas main and tying in services; Power and Communications work will follow.
TDS lines were discovered and will be moved. The construction contract will be presented
at the February 27 Town Board meeting; if approved, the work would begin afterthe
contractor officially completes another Town project. The original goal of a June hard stop
for concrete work is not realistic, but utilities should be done by June. TAB members were
encouraged to invite people to sign up for the CSI Project Communications email list for
weekly and as-needed communications.
A contractor staging area is needed for the Graves Avenue-Safe Routes to School
project. Staff is working with the Estes Park School District for temporary use of school
property, after which the bid will be advertised with the goal to complete construction by
mid-August.
Regarding the ongoing topic of pedestrian safety at Lexington Lane and CO 7, Member
Gamble reported that a past traffic study did not warrant traffic signal placement there.
Estes Park Middle School Principal John Bryant is in favor of exploring parental
preference for an official crossing there this fall after the apartment complex is completed
and fully occupied. Chair Morris summarized the Step by Step: How to Start a Walking
School Bus at Your School packet item. Discussion points included using a survey to
gauge interest in such a program; how adult and student volunteer route leaders could
be organized; and the importance of evaluating the program’s effectiveness after any
implementation. Member Hanick will provide contact information for the Estes Park
Newcomers Club, whose members could be asked to help organize a safe crossing
program. It was agreed that this would be a demand-based project.
ADMINISTRATIVE UPDATE
Regarding Downtown Estes Loop (DEL) construction, Director Muhonen reported that
buried utilities have delayed work on the north side of the roundabout. The post office
parking lot should be paved in May.
The Big Horn Parking Lot Micro-Structure Request for Proposals (RFP), started by
Manager Solesbee and Engineer Bailey, will be assigned to the new project manager,
whose employment begins March 25.
Transportation Advisory Board–February 21, 2024–Page 3
US 34 Coalition members will gather on March 6 for a kick-off meeting to establish
governance and membership structures for the developing US 34 Transportation
Management Organization (TMO). Steer Group Consulting will lead the meeting.
The first phase of the CDOT US 34/36 Overlay Project started on February 19 with
placement of temporary traffic signals for the retaining wall work along Moraine Avenue.
The second phase, paving of the project area, is expected to be completed by September.
TAB members were invited to attend a farewell gathering on February 22 for Manager
Solesbee, whose last date of employment is March 1.
Member Hanick inquired about maintenance needed at the Baldwin Park bridge; Director
Muhonen will have the Parks Division evaluate.
TRANSIT UPDATE
Supervisor Klein summarized the 2023 Year-End Report for The Peak, starting with
images of the new branding. Due to fewer exterior advertisement spaces on rental buses,
some sponsor dollars were lost; however, use of a local sign service reduced costs for
the new branding. For the 157-day transit season, ridership was 99,472, up from 73,266
in 2022. Special Event ridership is an ongoing measure; the Wine & Chocolate Festival
hosted 134 riders, and the Estes Valley Library’s (EVL) Daniel Tiger Day hosted 105
riders. With RATP Dev costs up for 2024, staff is seeking alternate funding for the transit
program.
Paid parking rates for the 2024 season will be recommended to the Town Board on March
12. Although no changes are being recommended, this administrative formality is required
in the Estes Park Municipal Code.
DISCUSSION OF THE TAB AS AD HOC COMMITTEE
Trustee Martchink reported that only one TAB member had responded to the February 7
“TAB/Ad hoc feedback” email survey. The meaning of ad hoc, as it could apply to the
TAB, was summarized. Discussions points included sensitivity to staff time between and
during TAB meetings;reducing the frequency of meetings but still emailing a packet
during the off-months to engage members on non-actionable topics; how having a regular
meeting time each month functions as a focus group, allowing for robust conversations
that might not otherwise take place; the TAB’s service as a conduit between the Town
and the community; the possibility of scheduling agenda-driven meetings according to
seasonal impacts on member attendance; the inefficiency of meetings that repeat
information provided through other Town meetings or platforms; how expanding the
agenda item titles can encourage public attendance; how the packet itself could
determine whether a meeting should actually be held in a given month; and how having
regular meetings provides good opportunity to have timely topics presented by agencies
like CDOT and Rocky Mountain National Park (RMNP). Trustee Martchink thanked the
TAB for their feedback and will provide a summary to the Town Board.
Transportation Advisory Board–February 21, 2024–Page 4
UPDATE ON PAST PUBLIC COMMENT
Chair Morris reminded the TAB that safe crossing at Lexington Lane is an ongoing
conversation generated by past public comment.
OTHER BUSINESS
Chair Morris reminded the TAB of upcoming member term expirations. Vice-Chair Ekeren
and Member Bernal intend to reapply; Member Slack will allow his term to expire.
There being no further business, Chair Morris adjourned the meeting at 2:03 p.m.
/s/Lani McDonald, Recording Secretary
UTILITIES
Memo
To: Honorable Mayor Hall
Board of Trustees
Through: Town Administrator Machalek
From: Jacqueline Wesley, Project Manager, Utilities and
Trevor Wittwer, Civil Engineer
Date: May 14, 2024
RE: Resolution 38-24 Approving Construction Contract Reclamation
Neighborhood, $3,531,040 Budgeted.
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
To be good stewards of our public resources Utilities and Public Works aim to combine
two infrastructure projects together by obtaining Town Board approval of the
Construction Contract with Wagner Construction, Inc. for the construction of the 2024
Reclamation Neighborhood water main and roadway improvements.
Present Situation:
The Reclamation Neighborhood was built in the 1940s by the Bureau of Reclamation to
support the Colorado-Big Thompson (C-BT) project and was intended to be temporary
housing to support C-BT employees. The water lines were installed in the same trench
as the sanitary sewer lines, an old practice used for temporary infrastructure. This does
not meet today’s standards and CDPHE (the Colorado Department of Public Health and
Environment) requires separation of at least ten feet. The ten-foot separation must be
completed by November 19, 2024.
The streets are in poor condition and the sidewalks do not comply with Americans with
Disabilities Act (ADA) requirements. Public Works prioritized this neighborhood for
future improvements including ADA compliance. The water system improvements and
roadway/sidewalk improvements have been combined into a single bid package which
saves cost and disruption to residents.
Competitive bids were solicited and bids two were opened on April 11, 2024.
BIDDER TOTAL FEE
Duran Excavating, Inc. $4,012,109.00
Wagner Construction, Inc. $3,531,040.00
Proposal:
Utilities and Public Works staff propose approving the Construction Contract with
Wagner Construction in the amount of $3,531,040.00. Project management and
construction oversight will be performed by Town staff.
Advantages:
Meet CDPHE required relocation of water lines by the deadline of November 19,
2024.
Consolidated neighborhood discussions to understand the full scope of
construction work and impacts.
Construction cost savings with a single mobilization, demobilization and
economies realized through joint construction efforts.
Improved public perception of the Town Government’s ability to collaborate
between Town departments for the benefit of our citizens.
Disadvantages:
Disruption to traffic in the proposed work areas during construction; however,
combining the water and street/sidewalk improvements reduces the overall
impact.
Longer continuous construction duration over a larger area than if only the
waterline project was completed; however, once completed streets and
sidewalks will be modernized and brought to ADA standards.
Action Recommended:
Utilities and Public Works staff recommend the Town Board approve Project
Construction Contract.
Finance/Resource Impact:
Public Works: 260-2000-420.35-51 (project code WTBRP4), $779,785 expenditure,
$1,052,393 available budget as of 04-12-24.
Utilities: 503-7000-580.35-54 (project code WTBRP4), $2,751,255 expenditure,
$2,765,268 available budget as of 05-10-24.
Future One-time or On-going Impacts: This project is not expected to increase future
one-time or on-going costs. The drainage and water pipe improvements should lower
long-term O&M costs.
Level of Public Interest
High interest in the localized Reclamation Neighborhood area, low interest in the
remainder of the public area. Interest may increase during active construction and will
be associated with traffic impacts.
Sample Motion:
I move for the approval/denial of Resolution 38-24
Attachments:
1.Resolution 38-24
2. Construction Contract
RESOLUTION 38-24
APPROVING A CONSTRUCTION CONTRACT WITH
WAGNER CONSTRUCTION, INC. FOR THE RECLAMATION
NEIGHBORHOOD IMPROVEMENTS PROJECT
WHEREAS, the Water Activity Enterprise and Public Works Department
solicited competitive construction bids; and
WHEREAS, the Water Activity Enterprise and Public Works Department vetted
the construction bids and found the lowest bidder, Wagner Construction, Inc., to be a
responsive and responsible bidder.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO ACTING AS THE
GOVERNING BODY OF ITS WATER ACTIVITY ENTERPRISE:
The Board approves and authorizes the Mayor to sign the construction contract
referenced in the title of this resolution in substantially the form now before the Board.
DATED this day of , 2024.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
CONSTRUCTION CONTRACT
2024 Reclamation Neighborhood Improvements Project
THIS CONTRACT is made at the Town of Estes Park, Colorado, by and between the Town of
Estes Park, Colorado (Town), a municipal corporation, and Wagner Construction, Inc. -
Colorado (Contractor), a Minnesota corporation, whose address is 3151 Highway 53,
International Falls, MN 56649.
In consideration of these mutual covenants and conditions, the Town and Contractor agree as
follows:
SCOPE OF WORK. The Contractor shall execute the entire Work described in the Contract
Documents.
CONTRACT DOCUMENTS. The Contract incorporates the following Contract Documents.
In resolving inconsistencies among two or more of the Contract Documents, precedence will be
given in the same order as enumerated.
LIST OF CONTRACT DOCUMENTS.
The Contract Documents, except for Modifications and Change Orders issued after execution of
this Agreement, are:
1.Change Orders;
2.Construction Contract;
3.The following addenda, if any:
i.NumberDate Page(s)
2 03/25/2024 19
1 03/18/2024 1
4.The following Special Conditions of the Contract:
i.Document TitleDatePage(s)
Special Conditions3/15/2024 22
(updated 5/6/2024)
5.General Conditions;
6.The following Technical Specifications:
i.Document/TitlePage(s) Date
Water Division Water System Engineering Design Standards 153 4/8/2022
7.The following Drawings:
i.Number/TitleDate
2024 Reclamation Neighborhood Project (RG & Associates 19 pages) 3/15/2024
8.Notice to Proceed;
Agreement for Construction Contract--Page 1 of 5
9. Notice of Award;
10. Invitation to Bid
11. Bid Bond;
12. Bid Proposal;
13. Instructions to Bidders;
14. Performance Bond and Payment Bond;
15. Insurance Certificates;
16. Construction Progress Schedule; and
17. Any other documents listed as Contract Documents in the General Conditions.
CONTRACT PRICE. The Town shall pay the Contractor for performing the Work and the
completion of the Project according to the Contract, subject to change orders as approved in
writing by the Town, under the guidelines in the General Conditions. The Town will pay the base
sum of $3,531,040.00 DOLLARS (Contract Price), to the Contractor, subject to full and
satisfactory performance of the terms and conditions of the Contract. The Town has
appropriated sufficient money for this work.
COMPLETION OF WORK. The Contractor must begin work covered by the Contract within
10work days, and must complete workas described in the Special Conditions.
LIQUIDATED DAMAGES. If the Contractor fails to substantially complete the Work within
the time period described above and in the Contract Documents, or within such other
construction time if modified by a change order, the Town may permit the Contractor to proceed,
and in such case, may deduct the sum of $4,500 for each calendar day that the Work shall remain
uncompleted for Milestone 1 substantial completion as described in the Contract Documents and
for each calendar day that the Work shall remain uncompleted for the full project substantial
completion, from monies due or that may become due the Contractor. This sum is not a penalty
but is the cost of field and office engineering, inspecting, interest on financing and liquidated
damages.
The parties agree that, under all of the circumstances, the daily basis and the amount set for
liquidated damages is a reasonable and equitable estimate of all the Town's actual damages for
delay. The Town expends additional personnel effort in administrating the Contract or portions
of it that are not completed on time, and such efforts and the costs thereof are impossible to
accurately compute. In addition, some, if not all, citizens of Estes Park incur personal
inconvenience and lose confidence in their government as a result of public projects or parts of
them not being completed on time, and the impact and damages, certainly serious in monetary as
well as other terms are impossible to measure.
SERVICE OF NOTICES. Notices to the Town are given if sent by registered or certified mail,
postage prepaid, to the following address:
TOWN OF ESTES PARK TOWN OF ESTES PARK
Public Works Department Water Division
Attn: Trevor Wittwer Attn: Jacqui Wesley
PO Box 1200 1360 Brook Dr.
Estes Park, CO 80517 Estes Park, CO 80517
Agreement for Construction Contract--Page 2 of 5
INSURANCE PROVISIONS. The Contractor must not begin any work until the Contractor
obtains, at the Contractor's own expense, all required insurance as specified in the General
Conditions. Such insurance must have the approval of the Town of Estes Park as to limits, form
and amount.
RESPONSIBILITY FOR DAMAGE CLAIMS. The Contractor shall indemnify, save
harmless, and defend the Town, its officers and employees, from and in all suits, actions or
claims of any character brought because of: any injuries or damage received or sustained by any
person, persons or property because of operations for the Town under the Contract; the
Contractor's failure to comply with the provisions of the Contract; the Contractor's neglect of
materials while constructing the Work; because of any act or omission, neglect or misconduct of
the Contractor; because of any claims or amounts recovered from any infringements of patent,
trademark, or copyright, unless the design, device, materials or process involved are specifically
required by Contract; from any claims or amount arising or recovered under the "Workers'
Compensation Act," by reason of the Contractor's failure to comply with the act; pollution or
environmental liability; or any failure of the Contractor to comply with any other law, ordinance,
order or decree. The Town may retain so much of the money due the Contractor under the
Contract, as the Town considers necessary for such purpose, for the Town's use. If no money is
due, the Contractor's Surety may be held until such suits, actions, claims for injuries or damages
have been settled. Money due the Contractor will not be withheld when the Contractor produces
satisfactory evidence that the Contractor and the Town are adequately protected by public
liability and property damage insurance.
The Contractor also agrees to pay the Town all expenses incurred to enforce this "Responsibility
for Damage Claim" agreement and if the Contractor's insurer fails to provide or pay for the
defense of the Town of Estes Park, its officers and employees, as additional insureds, the
Contractor agrees to pay for the cost of that defense.
Nothing in the INSURANCE PROVISIONS of the General Conditions shall limit the
Contractor's responsibility for payment of claims, liabilities, damages, fines, penalties, and costs
resulting from its performance or nonperformance under the Contract.
STATUS OF CONTRACTOR. The Contractor is performing all work under the Contract as
an independent contractor and not as an agent or employee of the Town. No employee or official
of the Town will supervise the Contractor nor will the Contractor exercise supervision over any
employee or official of the Town. The Contractor shall not represent that it is an employee or
agent of the Town in any capacity. The Contractor and its employees are not entitled to
Workers' Compensation benefits from the Town and are obligated to pay federal and state
income tax on money earned pursuant to the Contract. This is not an exclusive contract.
THIRD-PARTY BENEFICIARIES. None of the terms or conditions in the Contract shall give
or allow any claim, benefit, or right of action by any third person not a party to the Contract.
Any person except the Town or the Contractor receiving services or benefits under the Contract
shall be only an incidental beneficiary.
INTEGRATION.The Contract is an integration of the entire understanding of the parties with
respect to the matters set forth in it, and supersedes prior negotiations, written or oral
Agreement for Construction Contract--Page 3 of 5
representations and agreements.
DEFINITIONS. The Definitions in the General Conditions apply to the entire Contract unless
modified within a Contract Document.
EXECUTED this _____ day of _____________, 2024.
(Signature pages to follow.)
Agreement for Construction Contract--Page 4 of 5
TOWN OF ESTES PARK
By:
Date
Title: _______________________________
State of )
) ss
County of )
The foregoing instrument was acknowledged before me by , as
of the Town of Estes Park, a Colorado municipal corporation, on behalf
of the corporation, this day of , 2024.
Witness my hand and official Seal.
My Commission expires .
Notary Public
APPROVED AS TO FORM:
Town Attorney
Agreement for Construction Contract--Page 5 of 5
CONTRACTOR
By:
Date
Title: _______________________________
State of )
) ss:
County of )
The foregoing instrument was acknowledged before me by ,
(Name of party signing)
as of
(Title of party signing) (Name of corporation)
a corporation, on behalf of the corporation, this
(State of incorporation)
day of , 2024.
Witness my hand and official Seal.
My Commission expires .
Notary Public
Agreement for Construction Contract--Page 6 of 5
UTILITIES
Memo
To: Honorable Mayor Hall
Board of Trustees
Through: Town Administrator Machalek
From: Reuben Bergsten, Utilities Director
Dan Kramer, Town Attorney
Date: May 14, 2024
RE: Resolution 39-24 Third Amendment to the Intergovernmental Agreement
for the Funding and Coordination of a Joint Compensation Study between
Platte River Power Authority, Fort Collins, Longmont, Loveland and Estes
Park, $1,136.62 Budgeted.
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Improve the quality of service by attracting and retaining staff with competitive wages.
Being good stewards of electric customer funding by consolidating common tasks and
needs with Platte River Power Authority, Fort Collins, Longmont, and Loveland.
Present Situation:
In 2013 the four municipalities and PRPA collaborated on compensation studies to
determine current market wages for the electric industry. This helps the municipalities
and PRPA by staying competitive with wages which will help us attract and retain
qualified individuals with knowledge, skills, and abilities to enhance our mission of
providing high quality and reliable service.
Electric Power staff turn-over has been a systemic problem. Over the past 10 years, we
have only been able to hire two Journey Lineworkers. We have instead, hired
Apprentice Lineworkers, investing four to five years in training and approximately
$352,000 each for them to become Journey Lineworkers. Over that same period, 17 of
those apprentices left Estes Park.
The following images illustrate the 2019 movement of staff for the four municipalities
and the lost investment.
Proposal:
Staff proposes approval of the IGA.
Advantages:
Access to market data to improve our competitiveness with similar entities
Minimal cost for a wage study is specific to the power and communications field
Disadvantages:
There is a cost to study; however, collaboration lowers our cost to data and
Electric Power staff turn-over has a larger cost
Action Recommended:
Staff recommends approving the IGA.
Finance/Resource Impact:
502-6501-560.22-98, Power & Communications, $1,136.62 expenditure, $26,118.44
unencumbered balance as of 4-11-24.
Level of Public Interest
Low
Sample Motion:
I move for the approval/denial of Resolution 39-24
Attachments:
1. Resolution 39-24
2. Intergovernmental Agreement, Third Amendment
3. Intergovernmental Agreement, Original
4. Intergovernmental Agreement, First Amendment
5. Intergovernmental Agreement, Second Amendment
RESOLUTION 39-24
A RESOLUTION APPROVING THE THIRDAMENDMENT TO THE
INTERGOVERNMENTAL AGREEMENT FOR THE FUNDING AND COORDINATION
OF A JOINT COMPENSATION STUDY
WHEREAS, the Town Board desires to enter the intergovernmental agreement
referenced in the title of this resolution for the purpose of consolidating work at Platte
River Power Authority, supporting operations at Fort Collins, Longmont, Loveland and
Estes Park.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board approves, and authorizes the Mayor to sign, the intergovernmental
agreement referenced in the title of this resolution in substantially the form now before
the Board.
DATED this day of , 2024.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
UTILITIES
Memo
To:
Honorable Mayor Hall
Board of Trustees
Thr
ough: Town Administrator Machalek
From:Reuben Bergsten, Utilities Director; Joe Lockhart, Line Superintendent
Jamie Kuryllo, Grant Writer
Date: May 14, 2024
RE: Resolution 40-24 Requesting USDA ReConnect Program Funding
PUBLIC HEARINGORDINANCELAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER Letter of Support
QUASI-JUDICIAL YES NO
Objective:
Power and Communications Division aims to be good stewards of customer resources
by applying for USDA ReConnect grant.
Present Situation:
The USDA ReConnect broadband program funding application requires a resolution
from the Town Board the application to be submitted and stating the application’s
funding category and maximum award amount.
Proposal:
Power and Communications Division staff recommends the Town Board pass the
attached resolution to authorize the Town acting by and through its Power and
Communication enterprise activity to submit a USDA ReConnect Grant application to
build out the middle mile fiber infrastructure in Allenspark and down highway 34.
The application is for $3 million with $1 million matching cash from the P&C working
capital fund balance.
Advantages:
This funding will support the build out of fiber-optic infrastructure in the P&C
service area.
This request supports the Town Board’s 2024 Strategic Plan policy statement “to
ensure access to high- speed, high-quality, reliable Trailblazer Broadband
service.”
Leveraging $1 Million to get $3 million can be positively viewed as good financial
stewardship.
Disadvantages:
Managing grants adds additional work to staff; however, we have a lot of positive
experience working with the USDA.
This reduces P&C’s working capital fund balance of $2,636,675(see budget
amendment #3) by $1 million
Action Recommended:
Staff recommends approval of the resolution.
Finance/Resource Impact:
If awarded P&C’s Unreserved Budgetary Fund Balance at the end of 12/31/2024 would
be $1,636,675(see budget amendment #3).
Level of Public Interest:
High for those living in areas of the P&C service area who do not yet have access to
Trailblazer’s modern broadband service.
Sample Motion:
I move for the approval/denial of Resolution 40-24.
Attachments:
1.Resolution 40-24
RESOLUTION 40-24
A RESOLUTION REQUESTING RECONNECT PROGRAM FUNDINGFROM THE
UNITED STATES DEPARTMENT OF AGRICULTURE
WHEREAS, the Board acting by and through its Power and Communications
Enterprise requests United States Department of Agriculture (USDA) ReConnect
program funding in the 100% grant funding category; and
WHEREAS, the grant requires a cash match equaling 25% of the four-million-
dollar project cost; and
WHEREAS, the three million dollars ReConnect maximum grant award and
intended one-million-dollar match from the P&C fund will be used to build fiber-optic
infrastructure in our electric service area’s most remote rural areas.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO ACTING AS THE GOVERNING BODY
OF ITS POWER AND COMMUNICATIONS ACTIVITY ENTERPRISE:
The Board authorizes an application for USDA ReConnect program grant
funding.
DATED this day of , 2024.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
TOWN CLERK’S OFFICE
Memo
To: Honor
able Mayor Hall
Board of Trustees
Through: Town Administrator Machalek
From: Jackie Williamson, Town Clerk
Date: May 14, 2024
RE: Reappointment of Guy ‘Wayne’ Newsom to the Estes Park Board of
Adjustment for a term expiring March 31, 2027
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER Appointment
QUASI-JUDICIAL YES NO
Objective:
To consider the reappointment of Guy ‘Wayne’ Newsom to the Estes Park Board of
Adjustment.
Present Situation:
The term of Wayne Newsom expired March 31, 2024, and the Clerk’s Office advertised
for the position on the Board. One application was received from Wayne Newsom for
reappointment.
Proposal:
A
s only one application was received, the application is being submitted to the Board
forconsideration toreappointWayne Newsomfora three-year term expiring March 31,
2024.
Wayne has served on the Estes Park Board of Adjustment since its inception in 2020,
and prior to this he served on the Estes Valley Board of Adjustment from 1998 to 2020.
Advantages:
Provides continuity on the Estes Park Board of Adjustment and would complete the
three-member board.
Disadvantages:
If the reappointment is not made, the position would remain vacant until additional
applications are received, and interviews conducted.
Action Recommended:
Reappoint Wayne Newsom to a three-year term expiring March 31, 2027.
Finance/Resource Impact:
None.
Level of Public Interest
Low.
Sample Motion:
I move to approve/deny the reappointment of Wayne Newsom to the Estes Park Board
of Adjustment fora term expiring March 31, 2027.
Attachments:
None.
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TOWN BOARD MEETING
May 14, 2024
Report & Discussion Item #2 2024 Northern
Colorado Intersections Report.
Link to Report
LETTER FROM THE PRESIDENT & CEONORTHERN COLORADO
HELLO, NEIGHBOR
On behalf of the Community Foundation of Northern Colorado and our
partners, I’m pleased to share our inaugural report: Northern Colorado
Intersections: Pursuing Regional Well-Being.
This report is the culmination of more than a year of work, including
numerous community stakeholder meetings throughout Northern
Colorado. Our hope is this report provides something different – a new
way to look at data, a new way to think about how we function as a
region, and a new way of understanding our region’s interdependence.
And perhaps most importantly, our hope is that this report is a catalyst
to start important community conversations about how we can work
collaboratively to address our common challenges.
It’s no secret, Northern Colorado is a magical place to call home. This
it’s only expected to continue. With this growth and other associated
factors, our systems, communities, schools, and organizations are
increasingly under pressure.
Larimer and Weld counties are two of the fastest-growing
counties in Colorado. They are predicted to grow 92% in
population from 2015 to 2045.
The overarching goal of this report is to help us understand where we
are today and begin the collective work to move toward where we
want to be in the future. Our aim is to increase well-being for all.
valuable member of this community and your talent, skills, and passion
will drive this work. This is not something we can do alone. It will take
change makers from the entire region to carry this mission forward.
With great hope,
KRISTIN TODD,
President & CEO
Community Foundation of Northern Colorado
INTERSECTIONS REPORT 2024TABLE OF CONTENTS
TABLE OF CONTENTS
The Magic of Northern Colorado ........................... 1
Growth: The Double-Edged Sword ......................... 2
The Community Foundation of
Northern Colorado: Community is Our Business ............ 3
The Intersections Our Region Navigates Every Day ......... 4
Where We Want to be in the Future ....................... 5
Community Intersections .................................. 6
Nourishing .............................................. 7
Sheltering & Caring ..................................... 11
Transacting ............................................. 17
Beautifying ............................................. 21
Connecting ............................................. 25
Renewing .............................................. 31
The Future ................................................. 33
Sources .................................................... 35
4745 Wheaton Dr,
Fort Collins, CO 80525
(970) 224-3462
info@nocofoundation.org
nocofoundation.org
1NoCo REGIONNORTHERN COLORADO
THE MAGIC OF NORTHERN COLORADO
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xiz!xpvmeou!zpv!xbou!up!mjwf!ifsf@!
The Northern Colorado region, Larimer and Weld meet regularly. Dance lessons and yoga classes are easy
counties, is a desirable place to live. The economy is
Northern Colorado spend considerable time outdoors.
growing. Our agricultural industry remains powerful,
However, these things alone don’t make Northern
and the oil and gas sectors continue to be forces in our
Colorado more special than any other growing
economy. Our students are performing above average,
community. The element that sets this region apart is
and violent crime rates are declining.
the people.
Like many of us who relocated to Northern Colorado,
and open spaces. Parks are plentiful and recreation
other people across the country and world want to
opportunities abound. Communities have invested in
move here. This report is focused on the continuing
the arts and attractions. Hundreds of small businesses
increase in population growth and how this growth is
have built thriving customer bases.
impacting our systems.
Our region is home to many prominent institutions of
higher education including Colorado State University,
University of Northern Colorado, Aims Community
College, and Front Range Community College. These
schools give people the opportunity to further their
OPSUIFSO!DPMPSBEP!JT!
education and better their careers.
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On the whole, residents are relatively young, healthy,
and active. Running, biking, hiking, and climbing clubs XIP!NBLF!JU!NBHJDBM/
||
INTERSECTIONS REPORT 2024GROWTH PRESSURES OPPORTUNITIES2
Identifying Pressures & Opportunities
Population growth puts pressure on all of our systems from education to
healthcare. It’s driven up housing costs and decreased housing availability.
Northern Colorado. Growth has congested our roads and increased the
need for community resources. It’s contributed to shifts in our economy and
changes in our political landscape.
On the other hand, without growth, there is little opportunity. For some
Growth is responsible for diversifying our population and increasing social
connections. Growth has helped fund our schools and pave roads. In some
areas, growth has increased access to everything from the arts to good food
However, rural communities in our region have
growth. Not all communities have access to familiar
amenities, opportunities, and resources. Growth,
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and the opportunities that have come with it, are not
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equitably distributed across the region.
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Looking ahead, our work lies at the intersection of
identifying where we are feeling the pressures of
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growth and channeling the opportunities this growth
provides our region.
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Since 2010, Colorado’s Larimer and Weld counties are two
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population has grown
of the fastest-growing counties in
almost 20%.
Colorado. They are predicted to grow
92% in population from 2015 to 2045.
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3NORTHERN COLORADO
THE COMMUNITY FOUNDATION OF NORTHERN
COLORADO: COMMUNITY IS OUR BUSINESS
The Community Foundation of Northern Colorado
(NoCo Foundation) serves the entire Northern Colorado
region by working as a catalyst for change. We aim
to increase well-being, inspire philanthropy, spur
to solve our complex societal challenges if we work
together as a region.
The NoCo Foundation has proudly served Northern
Colorado since 1975. Today, we manage and
administer over 600 charitable funds and nearly $200
million in assets for the greater good (as of December
2023). More importantly, we work to foster ideas and
collaboration, spur action, and advance solutions in the
region. Community is our business.
The NoCo Foundation believes data and information
can empower individuals, families, and communities to
Our new initiative, Northern Colorado Intersections,
Pursuing Regional Well-Being, invites you, our
neighbor and friend, to review statistically valid data,
ongoing conversation about one of our region’s most
pressing issues: population growth.
Some have called us bold to be so direct about a
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know that people are moving here and that growth
Our region acutely feels both the pressures
is expected to continue. So we are inviting the
and opportunities from population growth.
The NoCo Foundation’s goal is to be a
us in identifying gaps in service, potential changes in
unifying resource to catalyze regional
policy, and possible solutions. Throughout 2024, the
collaboration and facilitate the work of
NoCo Foundation will convene meetings and facilitate
addressing these pressures and realizing
community collaboration toward this goal.
opportunities.
We can’t do it alone, though – it will take all
shaping the future of Northern Colorado.
INTERSECTIONS REPORT 20244
THE INTERSECTIONS OUR
REGION NAVIGATES EVERYDAY
What’s the Story?
In this report, we’re taking a hard look at where our entire
region is as of today. We are looking at the intersection of
data indicators and experiential stories to better understand
how the pressure of population growth is affecting our region.
The Numbers of Northern Colorado
Tables, graphs, and charts detail a wide range of key
data indicators that identify where our region is doing
well and where people are feeling the pressures of
life most acutely. This report is not a dashboard of all
available data.
The Stories of Northern Colorado
Many community reports stop at data, but numbers
can’t tell the whole story. In this report, you will also
read stories behind the data.
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Through our partnership with Colorado State University’s Institute
amount of data that already exists in our region. No new research was
commissioned for this report.
Interested in digging in deeper? Refer to the sources at the end of this
report, or visit the nocointersections.org website to read more about
where the data originated and how to access it.
5NEW FRAMEWORKNORTHERN COLORADO
WHERE WE WANT TO BE IN THE FUTURE
A New Way to Look at
Issues, Ideas, and Impact
For a person to reach a sense of well-being,
With the help of the Institute for the Built Environment
their needs need to be met, they need to have
at Colorado State University and the Institute for the
a sense of security, they must have access
Research on Social Sciences, we’ve utilized a new
framework to help us see this work through a new lens
must have social-emotional outlets such as
that allows us to see patterns, identify pressure points,
connections, networks, and support systems.
and recognize opportunities across scales.
Well-being works at many levels, from
We believe that increasing our regional well-being
individuals to a whole region.
requires a regenerative approach. An approach where
we build bridges across people, organizations, and
communities. It requires a shift in our perspective. This
work is about increasing the capability and capacity for
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individuals and communities to achieve well-being at
every scale in a way that is most meaningful for them.
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This framework is different from other community
indicator reports in that:
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THE FRAMEWORK HIGHLIGHTS
THE INTERCONNECTEDNESS
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OF THE REGION.
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THE FRAMEWORK FOCUSES
ON KEY INTERSECTIONS.
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Can cope with the normal stresses of life
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Ability to maintain a healthy quality of life
THE FRAMEWORK FOCUSES
ON REGENERATIVE
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COMMUNITY DEVELOPMENT.
Financially secure & in control
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Engaged & like what you do
THE FRAMEWORK DOESN’T
RELY ON NUMBERS ALONE.
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LIVED EXPERIENCE IS AT THE
Belonging & social connectedness
HEART OF THIS REPORT.
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Meaningful relationships
INTERSECTIONS REPORT 2024INTERSECTIONS6
COMMUNITY INTERSECTIONS
Where it All Comes Together
The remainder of this report centers readers at the intersection of “who we are” and
growth is affecting our region, what pressures people are experiencing, and see some
of the opportunities that lie ahead. Lived experiences bring to life what numbers
cannot do alone.
NOURISHINGBEAUTIFYING
the process of providing essential the process of enhancing, improving,
nutrients, resources, care, or positive or adorning to emphasize desirable
meaning, or value.
individual, relationship, or system.
SHELTERING CONNECTING
the process of sharing a common
& CARING
experience, state, or bond with others,
the process of providing a place
which may include spiritual, emotional,
of respite and protection,
or cultural connections and gathering,
conversing, and/or sharing a common
temporary or permanent relief
experience, state, or bond.
from adverse circumstances.
TRANSACTINGRENEWING
the process of exchanging goods, the process of continuing and
services, or information with the bettering our communities through
civic engagement, philanthropy,
need, desire, or objective. volunteerism, and renewing both
ourselves and the world around us.
7INTERSECTIONSNORTHERN COLORADO
NOURISHING
NOURISHING is the process of providing all that is necessary for healthy growth, development, and
physical, mental, and emotional conditions. Nourishment is one of the most basic, but important, indicators
of well-being on both an individual and regional scale. The intersections of agriculture, energy, water, and
food nourish our region, but challenges in these sectors have increased pressure in recent years.
Agriculture
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Colorado and Weld County is the largest agricultural producer in
Nearly 30% of the state’s agriculture
production is from Northern Colorado.
residents, it also feeds other related industries.
WELD
As agriculture relies on both land and water to function, population
COUNTY
growth in Northern Colorado has had a huge impact on this
industry. The Colorado Farm Bureau lists urbanization – population
38&
LARIMER
growth – as one of the top pressures facing the agriculture
COUNTY
industry in Colorado.
3&
This represents an important intersection between the need
for housing as we grow with the need for land and water
for agriculture. The future of agriculture will be impacted as
new developments continue to pop up and as our population
continues to both urbanize and age simultaneously.
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The data from the USDA’s National Resources
Inventory showed a decrease in the amount
of agricultural land between 2007 and 2017.
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CROPSLIVESTOCK, POULTRY, ANIMAL PRODUCTS
WELD COUNTY
.4/6&
LARIMER COUNTY
.3/9&
65&28&
LARIMER WELD
COUNTYCOUNTY
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AMBER GRAVES,
The total market value of agricultural
products sold in Northern Colorado.
%3C The bulk is from Weld County.
INTERSECTIONS REPORT 2024NOURISHING8
People think oil and gas is evil or awful but it’s an incredibly big part of our economy. Not only does it
that I could move to that would provide the same for my family.
BRIAN COCHRANE,
COLORADO
RANKS
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AMONG THE
TOP 10
69
STATES FOR
LARGEST NATURAL GAS
TOTAL ENERGY
PRODUCER OF & COAL
PRODUCTION
CRUDE OILPRODUCTION
Energy Transitions
Colorado ranks among the top ten states in the United
largest producer of crude oil and eighth in natural gas and
coal production. Production of both oil and natural gas has
oil and double the production of natural gas over the past
decade. This industry is another big driver of our economy,
However, there is an intersection between energy creation
and health. The production of some types of energy creates
greenhouse gasses that can negatively impact health and the
which means they are better suited for younger workers.
As the population grows, energy usage is on the rise.
Industrial and commercial sectors comprise 29% of our
energy use, while transportation and residential usage
to grow as our population grows, and thus, our total energy
use is on the rise. The intersections between energy creation,
energy use, and transitions in this sector will continue to
create pressure in our region for years to come.
Federal and state regulations have forced the industry to
manufacturing, and systems.
9INTERSECTIONSNORTHERN COLORADO
The driving force of new residential, commercial, and industrial development is our
access to water and water infrastructure. While we have municipal partners and a
water provider helping us keep up with demand, we have our own investments to make.
As Eaton grows, we must protect the integrity of the community and create a pathway to
the future where we are resilient and collaborative in solving issues.
WESLEY LAVANCHY,
Water
As a high, arid state that is heavily vested in
agriculture, water is a growing concern. Population
growth puts additional pressure on already scarce
water supplies.
The ability of communities to meet the growing
demand for housing is directly tied to their ability
to supply additional water rights to supply new
developments.
These water rights must either be bought from
farmers, sometimes worth more than even the land
itself, or be supplied through large infrastructure
Western Slope of the Rockies to the Front Range.
Municipalities are working to manage water, but
the combination of population growth, water
scarcity, and climate change make this one of the
primary issues facing Northern Colorado in the
decades to come.
Photo Credit: Town of Johnstown
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Johnstown is experiencing a lot of positive
changes and an increasing population.
Agriculture represents
the largest water use in
We’ve gone from approximately 12,000 people
the state, using more
in 2015 to about 20,000 in 2023.
than 80% of our total
annual water usage.
Our Town Staff is working tirelessly to keep up
with demand, whether it is citizen and community
development needs, recreation amenities, or
water and sewer infrastructure planning and
construction. We are focused on investing in our
people and processes for the Community’s long-
91&
MATT LECERF,
INTERSECTIONS REPORT 2024NOURISHING10
Food Insecurity
A study by the Colorado Health Institute found food
and public assistance programs such as the
insecurity to be a problem in Colorado and the issue
Supplemental Nutrition Assistance Program (SNAP)
affects people with lower incomes, rural residents, young
and Women, Infants and Children (WIC), work to
adults, people of color, and women disproportionately.
alleviate food insecurity for some, but the need is
According to the USDA, parents often protect their
increasing as the population grows and costs, such
children from food insecurity even when the parents
as housing, childcare, healthcare, and other living
themselves experience reduced dietary quality and
expenses, continue to rise.
intake. In some food-insecure households, only the adults
In 2018, Colorado raised the eligibility for SNAP
are food insecure.
from 130% to 200% of the Federal Poverty Level
Food security is often associated with better health
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outcomes, including both physical and mental health.
Food insecurity is a complex issue. It often intersects
!
the costs of housing and childcare, rural economies,
transportation, public health services, and education.
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As the population in Northern Colorado grows, so will
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food insecurity.
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!
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by Northern Water will create two
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new reservoirs that will help Northern
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Colorado communities meet their future
and protect wildlife and our environment.
Construction is slated to begin in 2024.
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! The Food Bank of Larimer County and the
Food insecurity rates are expected to go down after
Weld Food Bank have added mobile food
voters approved the Healthy Meals For All program
that provides free breakfast and lunch for all Colorado
pantries to serve people where food is
public school students. This does not, however, assure
needed most.
food security at all times of the year and also does not
ensure food security for all adults in Colorado.
11INTERSECTIONSNORTHERN COLORADO
SHELTERING & CARING
SHELTERING & CARING is the work of providing a place of respite, protection, and care for all residents.
This includes not only housing, which provides shelter within our communities, but also looks at how
vulnerable populations are being protected within our region.
Housing and Housing Affordability
Housing and housing affordability have become
The Estes Park area is unique in that
Northern Colorado.
Towns like Wellington and Estes Park are now hitting
want to live here – for our community values,
the limits of how much housing they can continue
access to nature and Rocky Mountain National
to develop because of limited water supply, natural
Park, and for the small-town connectedness.
boundaries, and increasing costs. While all of the
But housing is more and more unattainable;
currently, there are over 1,000 people on
counties have grown in the last decade, some have
the Housing Authority’s waitlist for housing
grown much faster than others. Timnath, for example,
assistance. We aren’t alone though – there
has grown by almost 1000% since 2010. Home prices
are partners at all levels coming together to
across Northern Colorado have risen dramatically over
proactively look at issues. Working on the big
the past decade and have exceeded gains in median
household income.
CARLIE BANGS,
Estes Park, in particular, is seeing dramatic falls in
median income due to an aging population. The
population has aged due to several factors, one being
that retirees have found the region to be particularly
desirable. When the aging population is combined
with dramatically rising home prices, a lack of high-
losing families and children, making it the fastest-aging
city in the region.
Cities like Fort Collins, Loveland, and Greeley are
adapting to growth and protecting affordability by
densifying housing and implementing affordable
housing programs, but they still struggle to serve
residents with incomes in the bottom quintiles.
Housing presents a big intersection between wages,
the laws of supply and demand, and the lack of
affordable developments. People are simply being
priced out of homes in many cities in our region. Families
are then often forced to move to smaller, rural towns
which has dramatically increased pressure for housing,
childcare, water, and more in those communities.
INTERSECTIONS REPORT 2024SHELTERING & CARING12
QSJPSJUJ\[JOH!IPVTJOH!GPS!BMM
Cost-burdened renters and homeowners spend over
30% of their income on housing.
LARIMER COUNTYWELD COUNTY
DPTU.CVSEFOFE!SFOUFST!!!60%50%
DPTU.CVSEFOFE!IPNFPXOFST!!!36%39%
The total population of unhoused individuals
in Northern Colorado for 2023
933!JOEJWJEVBMT
Where the majority of the unhoused are concentrated:
LOVELAND
27&
Jo!nz!mjof!pg!xpsl-!J!ibwf!
46&
sfgfssfe!pmefs!dpnnvojuz!
FORT COLLINS
nfncfst!gps!ipvtjoh-!gppe-!dmpuijoh-!
56&
boe!tp!gpsui/!Nz!fyqfsjfodf!jt!uibu!
uifsf!jt!opu!fopvhi!bggpsebcmf!ipvtjoh!
boe!uibu!uif!pmefs!qpqvmbujpo!jt!npsf!
There was an overall increase in unhoused individuals
from 2022-2023.
pgufo!fyqfsjfodjoh!ipnfmfttoftt!boe!
TOTAL UNHOUSED+11%jt!jo!hsfbu!offe!pg!tfswjdft-!bt!nptu!
+30.5%
bsf!po!b!gjyfe!jodpnf!uibu!epft!opu!
LOVELAND+22.6%
dpwfs!fopvhi!pg!mjgf!fyqfotft/
FORT COLLINS+6.8%
SHANNON, a Northern Colorado resident
13INTERSECTIONSNORTHERN COLORADO
QPQVMBUJPO!CZ!BHF!HSPVQ
312131313151
LARIMER COUNTY
25.2
22.4
1.2:
16.2
24.2
24.9
31.45
23
18.9
18.5
46.5:
19.6
19.7
17.2
61.75
18.6
11.9
16.9
76,
22.6
WELD COUNTY
31.3
1.2:
28.6
21.3
31.45
21.2
20.5
46.5:
20.7
Aging Population
17.3
61.75
In addition to general population growth, the
16.9
populations of Weld and Larimer counties are aging
9.6
76,
12.6
more rapidly than many other areas of the state.
Population growth in the 65+ age range is growing
2040 projections not available for Weld County
throughout Northern Colorado due to the fact that more
people are aging into this category faster than younger
people are moving here or being born here.
Faster growth in the 65+ age group, plus declines in
younger age groups will have lasting impacts on the
labor force, economy, and demand for health services,
leisure, and hospitality. The aging population will
continue to increase pressure on the whole system as
they age further and need more specialized care.
INTERSECTIONS REPORT 2024SHELTERING & CARING14
Healthcare
As population growth continues in Northern Colorado
over the coming decades, we can expect further
demand on an already strained healthcare system.
The industry is feeling the effects of a shortage of
healthcare workers, including nurses, primary care
physicians, and mental health professionals. A study by
the Colorado Health Institute shows that some regions
face a serious lack of primary care physicians, including
Weld County, and that this is a more serious issue for
rural communities.
healthcare professionals such as medical assistants,
nursing assistants, and home health aides. This is
partially due to high housing prices and costs for
childcare that push lower-wage earners out.
As long as I’ve been working as a dentist
A 2021 healthcare labor market report
at Sunrise, we’ve been saturated with
predicts a shortage of nearly
patients. We’re making a big difference, but
the need is greater than our ability to treat
65-111
everyone. We need more resources to treat
healthcare workers in Colorado by 2026.
more people. I see a lot of dental decay, and
ultimately a lot of people in pain. It’s really
sad to see. This problem is not unique to
Northern Colorado. There is not enough
access to healthcare, and I fear there will
Healthcare costs are increasing for all households. It’s
make healthcare in our country affordable.
important to note that rural areas have seen higher
People need to be able to get the treatment
increases in the cost of healthcare than urban areas.
they need without worrying about whether
Despite the shortage of healthcare workers and the
getting treatment will mean they can’t pay
rise in costs, the need for healthcare is growing. With a
their bills or feed their kids. It shouldn’t be
growing population, there are simply more people who
this way.
need care. Furthermore, with an aging population, care
DR. KEVIN HOTH,
gets more complex and costly.
Jo!uif!mbtu!zfbs-!Dpmpsbep!Dpmpsbep!ibt!uif!!
SJTJOH!
oe
DPTUT!PG!ifbmui!jotvsbodf!qsfnjvnt!3!ijhiftu!sjtf!!jo!ifbmui!
DBSF
ibwf!sjtfo!cfuxffo!!21.31&dbsf!qsfnjvnt!jo!uif!V/T/
15INTERSECTIONSNORTHERN COLORADO
Childcare
As the population increases, the demand for childcare also increases.
Each community in Northern Colorado has its own challenges,
successes, and opportunities when it comes to childcare, which
impact both parents and caregivers across the region.
Weld County and rural communities such as Estes Park deal with a
lack of access to child care, while other areas have better access to
care but struggle with the high costs of childcare. Weld County has
been described as a “childcare desert.”
Colorado has the seventh highest cost for child care in the nation. The
cost of full-time childcare for young children averages around $1,200
per month in Northern Colorado, with even higher rates for infants.
UIF!DPTU!CVSEFO!PG!DIJMEDBSF
The cost burden for a household with two children in Larimer
County is about 31% of the median household income and about
26% in Weld County.
WELD COUNTY
37&
LARIMER COUNTY
42&
A 2019 workforce strategy report for Larimer County estimated a
shortage of approximately 1,000 early childhood teachers, which
would be consistent in Weld County. Childcare centers struggle to
operate at full capacity due to a lack of workforce. They cannot afford
to pay high enough wages to attract and retain the needed workforce.
Xf!dvssfoumz!ep!opu!ibwf!fopvhi!bggpsebcmf!dijmedbsf!tqbdft!
jo!Mbsjnfs!Dpvouz!up!nffu!uif!offe-!tp!jodsfbtfe!qpqvmbujpo!
hspxui!xjmm!dpoujovf!up!bee!qsfttvsf!up!uif!nbslfu!xjui!jodsfbtfe!
xbjumjtut!uibu!xf!bmsfbez!ibwf/
ANNE LANCE,
INTERSECTIONS REPORT 2024SHELTERING & CARING16
Colorado recently funded Universal Pre-K for four-year-olds with
16 hours a week of free preschool education at licensed facilities.
CHILDREN UNDER THE AGE OF 4
WELD COUNTY
26-:16
LARIMER COUNTY
34-161
In 2022, the Colorado legislature passed House Bill 22-1035, the
Modernization of the Older Coloradans’ Act, which reimagined
Colorado’s approach to serving the needs of older adults through
community planning, social services, health and well-being
services, and strategies to prepare the state’s infrastructure for an
increasing older population of Coloradans.
Student Health Clinics embedded in several Poudre School
District school buildings have increased access to mental and
physical healthcare.
17INTERSECTIONSNORTHERN COLORADO
TRANSACTING
TRANSACTING is the process of exchanging
UZQFT!PG!CVTJOFTTFT
goods, services, ideas, or information with the
EMPLOYER ESTABLISHMENTS
LARIMER COUNTY
22-6:8
and workforce development.
WELD COUNTY
8-112
Workforce
LARIMER COUNTY
45-5:6
One of the things that makes Northern Colorado
desirable is the strong economy. Many big
WELD COUNTY
37-613
Budweiser, Colorado State University, Woodward,
and Leprino Foods.
In 2023, on average, more than 65% of Colorado’s
QSPGFTTJPOBM!'!UFDIOJDBM!TFSWJDFT
population, age 16+, is participating in the labor
LARIMER COUNTY
force. Unemployment rates hover around 3% across
Four of the top employers in Larimer County are
the region.
tech companies: Broadcom, Hewlett Packard,
Woodward Governor, and Hach.
Along with the rest of the world, the COVID-19
pandemic was disruptive to our economy and
22-2823-637
slowdowns for many businesses. As of September
JOBSESTABLISHMENTS
2022, most sectors had recovered to pre-pandemic
unemployment statistics with Larimer County
WELD COUNTY
recovering more quickly than Weld County.
Vestas Wind Turbine Manufacturing is
the 3rd largest employer in Weld County.
Currently, there are severe shortages of available
employees in many different industries, including
healthcare and construction, two of the largest
4-432:69
employers in Northern Colorado. The lack of workers
JOBSESTABLISHMENTS
is a complex problem that is impacted by the
intersection of wages, education, affordable housing,
childcare, accessible healthcare, and transportation.
Colorado has soared in the technology and
TBMFT!SFWFOVF
innovation sectors. Our state consistently ranks in
ACCOMMODATION & FOOD SERVICE SALES
sector than any other since 2016. Northern Colorado,
and Fort Collins in particular, are national leaders
MBSJNFSXFME
%2/2C%516N
in tech employer concentration and intellectual
property production thanks to our educational
TOTAL RETAIL SALES
institutions and business-friendly policies.
MBSJNFSXFME
%6/:C%4/9C
INTERSECTIONS REPORT 2024TRANSACTING18
The Northern Colorado region is on the cusp of attracting even more innovation and
venture funding. The ecosystem for technology and science is strong, and we are
competing more and more nationally for big investments and partnerships. It’s ours to
lose; we need to rally around continuing to build out research and development-intensive
commercialization facilities, ensure we are capitalizing on the availability of local talent,
and support leading high-tech and science companies that are changing the world.
MIKE FREEMAN,
Rural Economies
Another thing that makes Northern Colorado unique is
XIFSF!EPFT!UIF!NPOFZ!HP@
the wide range of communities and economies that we
Let’s say a healthcare assistant in Northern
Colorado makes around $1,200 per week or $30
small rural towns, and rural living within our counties.
per hour. Depending on where the person lives,
housing would consume as much as 40% of
In many areas across the country, rural communities
their wages, with childcare coming in at 25-30%
face harsh economic realities. However, that is not
of wages. That only leaves about 30% left for all
always the case in Northern Colorado. Weld County
other expenses including food, utilities, medical
ranks in the top ten agriculture-producing counties in
bills, and emergencies.
the nation and is considered the “richest agricultural
county in the U.S. east of the Rocky Mountains.”
in rural parts of the region. Both the agriculture and oil
and gas industries have grown faster in Weld County
than in the rest of the state, contributing to the strong
economy in rural Northern Colorado.
Rural areas of Larimer County, such as Estes Park
and Red Feather Lakes, depend more on tourism and
outdoor recreation than on agriculture or energy
production. These industries have sustained rural
OTHER
economies as Northern Colorado has become a hub for
EXPENSES
HOUSINGCHILDCARE
outdoor adventuring.
41&
51&36.41&
Agriculture and the oil and gas industries remain stable
and even growing in Northern Colorado, but they, too,
19INTERSECTIONSNORTHERN COLORADO
face pressures from other land use
options due to population growth,
NFEJBO!JODPNF
competition for water, and workforce
Rich agricultural and
demands. The energy industries also
energy industries result in
a higher median household
and federal climate change policies
income in Weld County
have been enacted and will continue to
than in Larimer County.
change over the next several decades.
While the economies of rural Weld and
%9:-293
Larimer counties are different, they
face some of the same issues when
WELD COUNTY
it comes to housing, childcare, and
access to food and healthcare. When
we work toward regional well-being,
%98-2::
we must address pressures that both
LARIMER COUNTY
rural economies and the surrounding
communities face.
RVFVF!VQ!UIF!QPEDBTU!Our regional workforce is on the move each day.
MBSJNFS!DPVOUZXFME!DPVOUZ
EBJMZ!
26-11135-111
DPNNVUFS!
FYDIBOHF BWFSBHF!DPNNVUF!UJNF
Northern Colorado mainly exchanges
commuters with other areas of the Front
Range, primarily the Denver Metro Area.
51&
PG!PVS!QPQVMBUJPO!DSPTTFT!
78-111!JO.DPNJOH!DPNNVUFST
DPNNVOJUZ!CPSEFST!GPS!
XPSL-!TDIPPM-!SFDSFBUJPO-!
231-111!PVU.HPJOH!DPNNVUFST
DIJMEDBSF-!BOE!DPOOFDUJPO!
PO!BOZ!HJWFO!EBZ
INTERSECTIONS REPORT 2024TRANSACTING20
Transportation
Transportation is an important part of the
impacts on Northern Colorado, including our
economic opportunities, ability to connect
consumers and producers, and our ability to
move goods and people.
A 2017 Workforce Strategy Report for
structural barriers to workforce recruitment
and retention in the Fort Collins-Loveland
Metro Area. These barriers include affordable
housing, affordable child care, and
transportation.
With population growth, transportation
challenges are expected to get worse in the
coming decades. The Colorado Department
of Transportation (CDOT) predicts that the
number of vehicles making daily trips on I-25
The Colorado Department of Transportation
will increase by 60% by 2040.
Public transportation is a poor option for expansion from Berthoud to Fort Collins.
Improvements are currently underway along
many residents. Currently, it only exists within
I-25 between Longmont and Berthoud.
region – Fort Collins, Loveland, and Greeley.
The Rural Economic Development Initiative
Public transportation does not serve any of
(REDI) program is designed to help rural
Weld or Larimer County’s rural areas. Public
communities comprehensively diversify their
transportation does not extend north of Fort
local economy and create a more resilient
Collins or on Highway 14 to the east of I-25.
Plans for extending services north as far
infrastructure, and economic resilience.
as Wellington and west to Estes Park from
Loveland are underway. Public transportation
NoCoWorks is a two-county effort to
can be affordable on a trip-by-trip basis, but
organize a regional talent and workforce
it becomes a barrier when bus routes and/or
times do not meet needs.
The Fort Collins Area Chamber of
Several transit committees exist and work
Commerce, the NoCo Foundation, and
The Weld Trust sponsored the Northern
and increase public options, but without
Colorado K20 Pathways to Employment
more investments in high-speed public
report in 2022. This report outlines what
transportation options, population growth
programs and resources exist for learners in
threatens to further clog our already
congested highways.
opportunities to support them in achieving
career and post-secondary success.
21INTERSECTIONSNORTHERN COLORADO
BEAUTIFYING
BEAUTIFYING is the process of enhancing, improving, or preserving the place we inhabit to emphasize
Diversity and Cultural Expression
Culture is the shared values, beliefs, and
practices of a group of people. Cultural
expression is the way that people
communicate meaning and identity through
various forms of creative expression. This
expression is part of what makes a person,
organization, or place unique and creates a
sense of belonging.
Diversity can enrich our communities by
and inclusive society.
According to the 2020 Census, Northern
Colorado has been becoming more diverse
over the past decade. Weld County is
diversifying slightly faster than Larimer County,
but all areas of Northern Colorado are
growing more diverse, including both urban
JODSFBTFE!EJWFSTJGJDBUJPO!PWFS
and rural communities.
UIF!QBTU!EFDBEF
?24&
Northern Colorado is rich with creative activities,
such as live performances, exhibitions, cultural
22&
events, and festivities that are part of our
cultural expression. In addition, we have
many museums, programs, and community
?9&
organizations that are dedicated to education
8&
and support of creative and cultural expression.
expression will continue as the population
grows in Northern Colorado, as will the number
of cultural amenities and events available for
participation by the growing population.
That being said, those in the BIPOC community
feel it is not enough.
USA Today Diversity Index & 2020 Census data
INTERSECTIONS REPORT 2024BEAUTIFYING22
NFBTVSJOH!EJWFSTJUZ!JO
XFME!'!MBSJNFS!DPVOUJFT
BY ETHNICITY
IJTQBOJD0MBUJOP
32/2&MBUJOP
89/:&
BY RACE
Racial breakdown is from the 2020 Census and is
compared to the 2010 Census.
XIJUF
-11%
87/6&
CMBDL
+0.9%
Bt!b!xpnbo!pg!dpmps-!ju!jt!ibse!up!
2/4&
BNFSJDBO!JOEJBO
+0.5%
2/2&
pg!uif!tbgf!tqbdft!xf!ibwf!dsfbufe!
BTJBO
+0.3%
uispvhi!pvs!dpnnvojuz!xpsl!xjuijo!
2/9&
uif!CJQPD!Bmmjbodf/!J!uijol!hspxui!xjmm!
QBDJGJD!JTMBOEFS
0%
1/2&
dpoujovf!up!dsfbuf!bo!fdpopnjd!ejwjef-!
PUIFS
+0.5%
gvsuifs!tfhsfhbujoh!uif!dpnnvojuz-!
8/6&
boe!zfu!uifsf!bsf!dpnnvojujft!pg!dpmps!
3!PS!NPSF
+8.8%
22/8&
tvqqpsujoh!fbdi!puifs-!sfrvftujoh!
npsf!usbotqbsfodz!boe!bddftt!
gspn!hpwfsojoh!pshboj{bujpot-!boe!
dfmfcsbujoh!qsphsftt/!Uiftf!bdujpot!
hjwf!nf!ipqf!gps!uif!gvuvsf/
ANONYMOUS NORTHERN COLORADO
COMMUNITY MEMBER
23INTERSECTIONSNORTHERN COLORADO
Music and Arts
GPS!UIF!MPWF!PG!UIF!BSUT
The act of creating music and art – writing,
visual arts, performing arts, architecture, theater,
decoration, and so forth, can help to reduce stress,
create a sense of agency, and increase happiness
and overall life satisfaction.
Many communities in Northern Colorado have
programs, organizations, events, and funding
mechanisms dedicated to supporting music and the
arts. Municipal programs such as the Art in Public
Places and Public Art programs of Fort Collins,
Loveland, Greeley, and other towns in Northern
Colorado make art a part of the fabric of our places
and our community identities.
DPMPSBEBOT!BSF!TIPXJOH!VQ
The National Endowment for the Arts has distributed
over $31 million in federal funding within Colorado
53&
either directly or through regional partners over the
ATTENDED ART EXHIBIT
OR PROGRAM
Multiple studies have shown that access to music and
arts in schools has a positive impact on academic
77&
achievement. Students who engage in music have
ATTENDED LIVE MUSIC,
higher achievement in math, reading, and cognitive
THEATER, OR DANCE PERFORMACE
development and higher exam scores across all
to have therapeutic impacts on health for people of all
ages, especially for the elderly and those suffering from
CFOFGJUT!PG!NVTJD
memory loss, dementia, and other age-related diseases.
Music and arts help us to connect with one
another, express our identities, exchange ideas and
perspectives, and serve as the imagination and building
blocks of our well-being.
DSFBUJWF!DBSFFST
IJHIFS!BDIJFWFNFOU!
BDDFTT!UP!NVTJD!'!
Between 2010-2020, Colorado’s
JO!NBUI-!SFBEJOH-!BOE!
creative industries grew by 25%
BSUT!JO!TDIPPMT
DPHOJUJWF!EFWFMPQNFOU
DSFBUJWF!PDDVQBUJPOT
36&
Music
Theater
Dance
As of 2020, there were a total of
Visual Arts
Culinary Arts 451!!CVTJOFTTFT!BOE!PSHBOJ\[BUJPOT!
Design and Advertising
FNQMPZJOH!NPSF!UIBO!!4-111!!QFPQMF
Creative Technology
in the Arts, Entertainment, and Recreation sector
Architecture & Living Spaces
across Northern Colorado.
INTERSECTIONS REPORT 2024BEAUTIFYING24
Photo Credit: Big Thompson Watershed Coalition
Conservation
Conservation is the act of protecting and caring for the
biodiversity and ecosystems within our region and this
protection becomes increasingly important as the population
grows and competition for land and water increases.
Northern Colorado spans multiple regional biomes (e.g.,
mountains, forests, plains, grasslands) and includes much
of the South Platte Watershed. This urban interface
creates a regional-scale wildland-urban interface area
where human and natural systems intermingle and live in
relationship with one another.
86&
Living close to nature creates pressures. Our region
PG!DPMPSBEBOT!TVQQPSU!
biosphere and humans. Population growth also hinders
JODSFBTJOH!DPOTFSWBUJPO
our natural ecosystems through habitat loss, pollution,
COLORADO COLLEGE POLL, 2020
deforestation, loss of biodiversity, erosion of soils, and
overuse of groundwater.
Conservation efforts are the work of many different
agencies with six conservation districts in Larimer and
Weld counties. In addition, many organizations work
together on conservation efforts including education,
climate and clean air initiatives, land and water initiatives,
and wildlife initiatives.
There is an intersection between living in a place of
beauty and the work that comes with conserving it.
25INTERSECTIONSNORTHERN COLORADO
CONNECTING
CONNECTING is the process of sharing a common experience or bond with others. Connecting is a
moved, groups have shifted. As our region moves toward greater well-being, residents must look for ways
to ease the social effects of the pandemic and renew our common bonds.
Education
Education – including elementary, secondary, and
post-secondary – is an important way we connect
and grow as a society. Education provides access to
social networks, helps us learn about different cultures
and perspectives, and develops the skills that are
necessary to thrive. Schools often become hubs for the
community, where individuals and families develop
bonds and share experiences and knowledge.
Larimer and Weld counties encompass 18 public
colleges, and a number of other educational institutions.
Total enrollment in Colorado PK-12 schools has declined,
College enrollment has declined for all over the past
following national trends, due to lower birth rates and
decade, but enrollment of women has been rising, now
fewer school-aged children. Thanks to population
representing 56.8% of college students.
growth, that’s not the case in Northern Colorado.
However, the growth has not been equitable across all
cities and districts. In the Poudre School District, some
areas like Wellington and Timnath have seen far more
IJHI!TDIPPM!HSBEVBUJPO!SBUFT
growth than schools in Fort Collins. This has led to plans
to reorganize and redistrict some areas in the district. It
is likely that some school buildings will consolidate and
COLORADO STATE AVERAGE
93&
program delivery, and student achievement.
NORTHERN COLORADO
95&
Many PK-12 school districts in Northern Colorado offer
NATIONAL AVERAGE
open enrollment and a variety of alternative educational
97&
schools and pathways for students and families to
choose from. Some of these schools are partnering with
community organizations and businesses to increase
career, technical, and civic engagement opportunities
As the population has increased in Northern Colorado, so
that are designed to help kids graduate on time and be
has educational attainment. Most notably, educational
ready to pursue careers, college, and civic engagement
attainment for people of color has effectively doubled.
as adult citizens after graduation.
Enrollments at Aims and Front Range community colleges
have been trending up while enrollments at Colorado
Education plays a big role in our connections in society,
State University in Fort Collins and the University of
and there is a big intersection between the quality of
Northern Colorado in Greeley have gone down.
education and the future of our community.
INTERSECTIONS REPORT 2024CONNECTING26
SE
4!HSBEF!MJUFSBDZ
rd
Grade Literacy rates from
2022-2023 with the percent change since 2019.
23.8%+1.4%
BVMU
52.1%
FBUPO
34.7%+2.6%
FTUFT
28.3%
HSFFMFZ
27.3%
KPIOTUPXO
40%+4.3%
QMBUUF!WBMMFZ
51.1%
QPVESF
41.9%
UIPNQTPO
EJE!ZPV!LOPX@
36.8%
SE
4!HSBEF!SFBEJOH!TDPSFT!BSF
PGUFO!B!IBSCJOHFS!PG!TUVEFOU
25.4%+1.5%
TVDDFTT!PS!GBJMVSF/
24.3%
Children learn how to read in
Kindergarten through grade 3. If they
51.6%
XJOETPS
know the mechanics of reading, they
will be on a great path to learning
40.7%
DPMPSBEP!BWH/
information they read after 3rd grade. If
the student struggles with reading after
3rd grade, their intake of information
21&31&41&51&61&71&
is greatly reduced and they can fall
behind without intervention. Teens with
reduced reading skills are often the
students who drop out of high school
and have less choices of employment.
27INTERSECTIONSNORTHERN COLORADO
Photo Credit: City of Fort Collins
UIF!FGGFDUT!PG!UPVSJTN
Total travel spending in Northern Colorado was nearly
%2/6!CJMMJPO!JO!3133
LARIMER COUNTYWELD COUNTY
SFWFOVF!!!$1 BILLION$432 MILLION
KPCT!!!10,2003,900
FBSOJOHT!!!$309.5 MILLION$112.2 MILLION
Recreation
Recreation includes all the things we do for fun and
UBY!SFDFJQUT!!!$61.3 MILLION$22.6 MILLION
relaxation. These activities play a big role in our
happiness, and thus our well-being. The culture of
having fun, relaxing, and connecting with one another
and with nature is a big part of who we are as a region.
Northern Colorado offers many public amenities
Colorado has seen tourism grow substantially
for recreation. Estes Park is the gateway to one of
since 2021.
Colorado’s four national parks – Rocky Mountain
National Park – and we have many other recreational
TOTAL SPENDING+25.2%
amenities in our region, whether they are in the foothills
EMPLOYMENT+9.7%
or prairie, including a number of open spaces, parks,
and walking or bike paths.
EARNINGS+18.2%
Rocky Mountain National Park is one of the most
TAX RECEIPTS+20.8%
visited parks in the U.S. with around 4.5 million visitors
annually. Revenues from park visitors reach above
Outdoor recreation is particularly popular with residents
DPMPSBEBOT!QBSUJDJQBUJPO!JO!PVUEPPS!BDUJWJUJFT
in Northern Colorado, contributing to the maintenance
of active and healthy lifestyles, connections with nature,
and a value for natural conservation.
ON A REGULAR BASIS92%
There is an intersection between the available
AT LEAST ONCE A WEEK70%
recreation opportunities and the pressure we feel in the
region. The demand puts pressure on our environment,
Trail and road-related activities, such as bicycling and
but it also increases the opportunity for tourism-related
hiking, are the most popular recreation activities for
industries and increases the well-being of the people
Coloradans, followed by water-based recreation and
INTERSECTIONS REPORT 2024CONNECTING28
Social Connectivity and Belonging
Social connectedness is when we feel connected to
others, cared about, and have a sense of belonging
within a group or community. The Colorado
Department of Public Health and Environment (CDPHE)
describes social connectedness as “the level at which
community members connect and interact with one
another and access support in formal (i.e., government)
and informal (i.e., community clubs or groups) ways
through sustained elements.”
on mental health as well as levels of violence and
us some indication of the symptoms of poor social
substance abuse in communities. Studies show that
connectivity and belonging in our communities, but
people who participate in social networks within their
cannot tell us anything about how we might improve
communities are more likely to adopt healthy behaviors
our communities in these areas.
and seek community support when experiencing
problems or distress, feel more empowered, and have Population growth can have many effects on social
greater self-esteem. Being more connected increases connectivity and belonging. Growing diversity and
overall levels of well-being.higher numbers of people, groups, and organizations
may provide more people to connect with, but it may
Belonging can be measured in a variety of ways,
also cause fragmentation. The way that we build and
evolve our growing communities is an important factor
qualitative perceptions of feelings like safety and
in facilitating opportunities for social connectivity and
belonging, or adversely, loneliness.
belonging. Strong social networks can help us identify
Looking at community and regional trends around
and education opportunities when needed.
violence, substance abuse, and suicide rates can give
Safety
WJPMFOU!DSJNF!SBUFT!per 100,00 inhabitants
While there isn’t data
available for all cities
611
and towns within our
region, we can see that
the largest cities in our
511
region – Fort Collins
and Greeley have
consistently
lower violent crime
411
rates when compared
to the state and
national averages.
311
U.S.
COLORADO
GREELEY
FORT COLLINS
3128
311731183119311:31213122312331243125312631273129
29INTERSECTIONSNORTHERN COLORADO
As we come out of the COVID years, students and staff are hurting. The impacts of
isolation, loss, and fear have left us with a sense of disconnect in our communities.
curricular materials have been implemented to support academic achievement and re-
engage students in our school communities. If we are to do one thing to help our youth
get what they need, it would be to foster leadership and a full community that will
DR. MARIA GABRIEL,
Mental Health
Mental health is an important indicator of well-
being. Since the pandemic, educators, mental health
providers, and healthcare workers have reported
concerning mental health trends.
In 2022, Poudre School District conducted the
Healthy Kids Colorado Survey. Data shows that more
than half of the respondents felt that stress levels
were manageable and that they have someone they
can talk to on most days (either an adult or a friend).
There were key differences in responses, however,
based on students’ identity (race/ethnicity and
gender), with much higher rates of attempted suicide
and/or self-harm among students who identify as
queer/nonbinary.
Other school districts have not compiled the same
formal data, but anecdotally, teachers and educators
are seeing similar trends across the region.
A 2019 Health Report for Weld County shows that
past decade.
TVJDJEF!'!DPMPSBEP!SBOLT!IJHIFS!UIBO!UIF!OpDp!JT!SBOLFE!IJHIFS!UIBO!UIF!
TVCTUBODF!BCVTF!OBUJPOBM!BWFSBHF!JO!FYDFTTJWF!OBUJPOBM!BWFSBHF!GPS!UIF!OVNCFS!
BSF!PO!UIF!SJTF!JO!ESJOLJOH-!BMDPIPM!JNQBSFE!PG!QPPS!NFOUBM!IFBMUI!EBZT!'!
PVS!TUBUF/ESJWJOH!EFBUIT-!BOE!TVJDJEFT/GSFRVFOU!NFOUBM!EJTUSFTT/
INTERSECTIONS REPORT 2024CONNECTING30
BEPMFTDFOU!NFOUBM!IFBMUI
ACCORDING TO POUDRE SCHOOL DISTRICT:
81&
of PSD staff indicate they are moderately
or extremely concerned about the
decrease in student emotional well-being
.
83&
of Gender-Queer/Nonbinary high school
students indicate their stress level is NOT
manageable most days.
TVJDJEF!SBUFT
LARIMER COUNTY
Larimer County is considered a priority
in the CDC’s Comprehensive Suicide
Prevention Program due to the high
instance of death by suicide in the area.
Best Point Education and Behavioral
Health provides independently licensed
PEOPLE DIED BY SUICIDE IN 2020
therapists at all of the Loveland school
93
buildings to serve students with mental
health challenges.
LARIMER COUNTY22.7 PER 100,000
North Colorado Health Alliance (NCHA)
COLORADO21.5 PER 100,000
received $2.5 million in funding from
the Substance Abuse and Mental Health
Service Administration (SAMHSA) to
WELD COUNTY
further support the organization’s
Death by suicide has steadily increased
work in opioid addiction treatment in
since 2017.
Northern Colorado.
LEADING CONTRIBUTOR
SE
OF PREMATURE DEATH IN
WELD COUNTY
4
31INTERSECTIONSNORTHERN COLORADO
RENEWING
Photo Credit: City of Fort Collins
RENEWING is the process of
energy, and creating ourselves, our
relationships, and our places anew.
Renewing involves a regenerative
mindset in which we give, care for, and
engage in our communities in order to
help everyone achieve well-being.
Colorado has received
Place Building
The places – including communities both old
%543!NJMMJPO
and new and the places in between – that make
for infrastructure resilience in 2022 & 2023
up Northern Colorado are both unique within
themselves and yet also bonded to one another in
many ways as a region.
Community Engagement
Many of the cities and towns within Northern
Giving back to the community is an important part of life
Colorado already have growth management
in Northern Colorado. Volunteering, donating, helping
plans and boundaries that will continue to frame
friends and neighbors meet their needs or overcome
and limit the ways in which growth happens in
challenges, and helping to care for our children and seniors
and around our communities.
both ongoing and planned to help keep up with
growth. Colorado has already received nearly
A recent report from AmeriCorps states that “although the
$432 million in funding for infrastructure resilience
national rate of volunteering through organizations declined
in 2022 and 2023 and there is more to come from
from 2019-2021, Americans continued to help each other
the federal government through the Infrastructure
informally” by watching each other’s children, running
Investment and Jobs Act.
errands, conducting wellness checks, helping children stay on
In total, Colorado is expecting more than
track with school, and more.
$3 billion from the Infrastructure Investment
AmeriCorps reported that 23.2% of Americans formally
and Jobs Act, with about half of that dedicated
volunteered with organizations between September 2020
and 2021, serving over 4 billion hours and having an
funding is also available for special infrastructure
economic value of nearly $123 billion. In addition, over 50% of
Americans 16 and older exchanged favors or other informal
helping during the same time period.
investing over $84 million in capital improvement
Community contributions help to increase the quality of life
fastest-growing private industry in Northern
and well-being in Colorado. In areas where there is a lack of
Colorado, which speaks to the place-building we
are currently doing and plan to do in the region.
Organizations provide food when and where it is needed and
INTERSECTIONS REPORT 2024RENEWING32
As Weld County and Northern Colorado grow, many partners are collaborating to expand
capacity, bringing together once disconnected concerns and organizations. United Way of
by 25, Weld’s Way Home, Aging Well, and Connecting Weld. We are so grateful to get to
work with partners in creating more opportunity for our Northern Colorado neighbors.
MELANIE WOOLMAN,
Civic Engagement
One of the things that makes Northern Colorado
special is we have an incredibly engaged population.
DPMPSBEPT!OFJHICPSMZ!MPWF
People are committed to making things better through
civic engagement.
FORMALLY
VOLUNTEERED
37&
THROUGH
ORGANIZATIONS
3133!FMFDUJPO!UVSOPVU
INFORMALLY HELPED
OTHERS BY EXCHANGING
LARIMER COUNTY71%
FAVORS WITH THEIR
NEIGHBORS 6:&
WELD COUNTY53%
DONATED OR MORE
66&%36
Our Latino community wants to be
involved with community issues and
leadership. Through a series of proactive
public engagement sessions, we are
philanthropic dollars help keep those organizations, and
educating and preparing residents from
others, operating and growing. The care and involvement
culturally different backgrounds to have
from many within our communities intersect with many
a say in their local government. It has been
of the areas where we sometimes struggle, contributing
a really healthy conversation. The City’s
steadily to our regional well-being.
leadership, councilmembers, and Colorado
The state total of household charitable
State University recently pulled together
donations claimed on income tax returns was
a group of community members to
$3.9M from 712,940 households in 2022. These
co-design and implement cultural events
donations are both large and small, spread
and celebrations together. There is more
across every income bracket, averaging around
trust and connections across leaders and
$5 per household.
community members which is fostering
more open-hearted conversations.
Weld County is very consistent with this
average, with 33,450 households giving a
CLAUDIA MARIA MENENDEZ,
total of $146,457 in 2022. Larimer County was
slightly higher than the state average with
46,700 households giving $280,912 in 2022.
33WHAT’S NEXTNORTHERN COLORADO
THE FUTURE
What’s Next?
Creating regional well-being isn’t easy. It’s not
something that happens overnight and it certainly
won’t happen without intention.
to action for you to join us to reduce pressures and increase well-
being across the entirety of the region.
Throughout 2024, the NoCo Foundation will identify leaders and change
makers interested in furthering this work. We will convene meetings,
facilitate collaboration, and support groups working toward this goal
of regional well-being. This work will continue long into the future.
Photo Credit: City of Fort Collins
How Can You Get Involved?A Reader’s Guide
We recognize this report provides lots As you ponder this report and what it means for our regional
of information to digest. But our hope well-being, consider the following questions.
is something presented here resonated
! Can you see your children or grandchildren living in
and sparked a reaction. What can you
Weld or Larimer County in the future? What is exciting
do next?
about that? What concerns you?
Perhaps you can call a friend and have
! How will we manage land use and housing affordability?
a discussion, or bring the report to your
next HOA or Rotary Club meeting, or
! How can we ensure families have access to
high-quality childcare?
And if there’s a particular challenge
! How do we ensure our aging population has access
that peaked your interest, how about
to the services they need?
supporting one of Northern Colorado’s
! How can we ensure our region’s youth have every
on that issue?
opportunity for educational and workplace success?
The NoCo Foundation can help make
! How do we make sure Northern Colorado is a welcoming
connections. Are you or someone you
place that provides a sense of belonging for all?
know already involved with some of the
! What public transportation options are viable to help
issues described? Would you be willing
to share more about your work?
! How do we work together to maintain the magic of
Do you have a story
Northern Colorado?
or experience you’d like
to share?
The NoCo Foundation does not have the answers to these
complex and challenging questions. However, we believe in the
Visit our website, we’d
power of regional collaboration and community engagement.
love to hear from you.
Together, we can make a difference.
INTERSECTIONS REPORT 2024WHAT’S NEXT34
J!ibwf!mjwfe!ifsf!nptu!pg!nz!mjgf!boe!ibwf!opu!tffo!boz!qmbdf!fmtf!J!xpvme!
sbuifs!cf!jo!bmm!nz!xpsmexjef!usbwfmt/!Xf!sbjtfe!pvs!ljet!ifsf!boe!uifz!hpu!
b!hsfbu!fevdbujpo!boe!b!tubsu!up!uifjs!tvddfttgvm!dbsffst/!Uifz!xfsf!bmxbzt!
tvqqpsufe!cz!pvutuboejoh!ufbdifst!boe!uif!dpnnvojuz/!Uifsf!bsf!dpnnvojuz!
mfbefst!xip!bsf!uszjoh!wfsz!ibse!up!tpmwf!tpnf!pg!pvs!cjhhftu!jttvft/!Uifsf!jt!
npsf!dpmmbcpsbujpo!opx!uibo!fwfs!cfgpsf/
CECIL GUTIERREZ
UIBOL!ZPV!UP!PVS!TQPOTPST!'!QBSUOFST
OPDP!GPVOEBUJPO!
QSPKFDU!UFBN
Claire Bouchard
John Chapdelaine
Jordan Cook
Mary Ericson
Robyn Goldy
James Hamilton
Kristin Todd
DSFBUJWF!UFBN
Cathy Lucas,
Lucas Narratives
Allie McRae,
Tilt Creative
Kate Shelton,
KPS Writes
DPMPSBEP!TUBUF
VOJWFSTJUZ!UFBN
Jeni Cross
Hannah Curcio
Sophia Linn
Lily Perez
Cahill Shpall
Connor Siegfreid
Kevin Worthington
35RESOURCE ORGANIZATIONSNORTHERN COLORADO
SOURCES
City of Greeley Government
Colorado State University (CSU)
greeleygov.com
Departments & Centers
Colorado Department of Early Childhood
Center for Environmental Justice
cdec.colorado.gov
Colorado Department of Education
Center for Meaning and Purpose
cde.state.co.us
psychology.colostate.edu/cmp
Colorado Department of Human Services
CitSci
cdhs.colorado.gov
citsci.org/about
Colorado Department of Labor and Employment
Colorado Water Center at Colorado State University
cdle.colorado.gov
watercenter.colostate.edu
Colorado Department of Public Health
Columbine Health Systems Center for Healthy Aging
and Environment (CDPHE)
research.colostate.edu/healthyagingcenter/
cdphe.colorado.gov
CSU Online, Masters of Public Policy and Administration
Colorado Department of Regulatory Agencies
Program
dora.colorado.gov
online.colostate.edu/degrees/public-policy-and-administration
Colorado Department of Transportation
Energy Institute at Colorado State University
codot.gov
energy.colostate.edu
Colorado Division of Water Resources (DWR),
Extension
Colorado Division of Natural Resources
extension.colostate.edu
dwr.state.co.us/tools
Geospatial Centroid
gis.colostate.edu
Institute for the Built Environment
Colorado Geological Survey
ibe.colostate.edu
coloradogeologicalsurvey.org
Institute for Research in the Social Sciences
iriss.colostate.edu
International Trade (OEDIT)
LEAP Institute for the Arts
oedit.colorado.gov
libarts.colostate.edu/facilities/leap-institute-for-the-arts
Colorado Water Conservation Board,
Natural Resource Ecology Laboratory (NREL)
Department of Natural Resources
nrel.colostate.edu
cwcb.colorado.gov
One Water Solutions Institute
Estes Park School District
onewatersolutions.com
estesschools.org
Prevention Research Center
Fort Collins-Loveland Water District
chhs.colostate.edu/prc
fclwd.com/water/future-planning
Regional Economic Development Institute (REDI)
Greeley-Evans School District
csuredi.org
greeleyschools.org
School of Global Environmental Sustainability
Larimer County Government
sustainability.colostate.edu
larimer.gov
The Food Systems Institute
National Endowment for the Arts
foodsystems.colostate.edu
arts.gov
North Weld County Water District
Government Agencies & Municipalities
nwcwd.org
AmeriCorps
americorps.gov
City of Fort Collins Government
fcgov.com
larimer.gov/coroner
City of Loveland Government
Poudre School District
lovgov.org
psdschools.org
INTERSECTIONS REPORT 2024RESOURCE ORGANIZATIONS36
VIEW
SOURCES
ONLINE
Food Bank for Larimer County
Colorado Department of Local Affairs foodbanklarimer.org
demography.dola.colorado.gov
Fort Collins Area Chamber of Commerce
The National Park Service fortcollinschamber.com
nps.gov
Health District of Northern Larimer County
Thompson School District healthdistrict.org
tsd.org
National Low Income Housing Coalition
Town of Estes Park nlihc.org
estespark.colorado.gov
NoCo Recovers
Town of Johnstown nocorecovers.com
North Colorado Health Alliance
Town of Wellington Government northcoloradohealthalliance.org
wellingtoncolorado.gov
Northern Colorado Clean Cities Coalition
Town of Windsor cleancities.energy.gov/coalitions/northern-colorado
windsorgov.com
Northern Colorado Regional Economic
U.S. Census Bureau Development Initiative (NoCo REDI)
census.govchoosenortherncolorado.com
U.S. Department of Agriculture (USDA) Northern Colorado Continuum of Care
usda.govnocococ.org
U.S. Energy Information Administration Northern Water
eia.govnorthernwater.org
Weld County Government One NoCo, Northern Colorado Economic Alliance
weld.govnortherncolorado.co/about-ncea
Weld County Dept. of Health and Environment The Regenesis Institute
weld.gov/government/departments/health-and-environmentregenerat.es
The Bell Policy Center
bellpolicy.org
Bohemian Foundation
United Way of Larimer County
bohemianfoundation.org
uwaylc.org
Colorado Association of Conservation Districts
United Way of Weld County
coloradoacd.org
unitedway-weld.org
Colorado Farm Bureau
Upstate Colorado
coloradofarmbureau.com
upstatecolorado.org
Center for Improving Value in Healthcare
Weld Food Bank
civhc.org
weldfoodbank.org
Colorado Coalition for the Homeless
Weld Trust
coloradocoalition.org
weldtrust.org
Colorado Gives 365
coloradogives.org
Colorado Health Institute Kaiser Permanente of Colorado
coloradohealthinstitute.orgabout.kaiserpermanente.org/commitments-and-impact/
healthy-communities/communities-we-serve/colorado-
Colorado Rural Health Center
community
coruralhealth.org
UCHealth
Colorado Succeeds
uchealth.org
coloradosucceeds.org
Discover Weld
discoverweld.com
Environmental Working Group
ewg.org
being on both an individual and
-
is the process of providing all that is necessary for healthy growth,
ing
Nourish development, and physical, mental, and emotional conditions. Nourishment is one of the most basic, but important, indicators of wellregional scale. The intersections of agriculture,
energy, water, and food nourish our region, but challenges in these sectors have increased in recent years.
is the work of providing a place of respite, protection, and
Sheltering & Caring care for all residents. This includes not only housing, which provides shelter within our communities, but also looks at how vulnerable populations are being protected
within our region.
is the process of exchanging goods, services, ideas, or information
Transacting with the intention of fulfilling a particular need, desire, or objective. This includes the flow of many resources and the major aspects of the economy, including jobs and
workforce development.
–
is the process of enhancing, improving, or preserving the place
ing
being by making us happier and more fulfilled.
-
Beautify we inhabit to emphasize desirable features, and/or to express significance, meaning, or value. Part of the draw to Northern Colorado is its beauty both natural and created.
Working toward beautification improves all of our well
COVID
-
being, residents must look for ways to ease
-
is the process of sharing a common experience or bond with others.
Connecting Connecting is a marker that has undergone great changes in the postworld we find ourselves in. People have moved, groups have shifted. As our region moves toward greater wellthe
social effects of the pandemic and renew our common bonds.
being.
-
is the process of rejuvenating, renewing vitality and energy, and
Renewing creating ourselves, our relationships, and our places anew. Renewing involves a regenerative mindset in which we give, care for, and engage in our communities in order to help
everyone achieve well
ADMINISTRATION
Memo
To: H
onorable Mayor Hall
Board of Trustees
Through: Town Administrator Machalek
From: Carlie Bangs, Housing & Childcare Manager
Date: May 14, 2024
RE: Tuition Assistance in the Estes Valley and the 2023 EVICS Tuition
Assistance Report
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER: Report and
Discussion Item
QUASI-JUDICIAL YES NO
Objective:
Provide an overview of tuition assistance resources available to Estes Valley residents
and review the 2023 Tuition Assistance report from the EVICS Family Resource Center.
Present Situation:
The 2024 Annual Workforce Housing and Childcare Funding Plan calls for the use of 6E
funds to support tuition assistance, stating that “tuition assistance continues to be a
prioritized need for Estes Valley families” and it should “receive additional funding
support in upcoming years.”
Today’s staff presentation will provide information about tuition assistance programs
available to Estes Valley residents over the past year, followed by a report on the
EVICS Tuition Assistance program and their use of 6E funds.
EVICS Childcare Scholarship
The EVICS Childcare Scholarship program provides temporary childcare and preschool
tuition assistance to Estes Park families who demonstrate financial need and for whom
other funding sources are not available. Applicants are first reviewed to see if they may
qualify for the Colorado Childcare Assistance Program (CCAP). If they do not qualify for
CCAP, EVICS then considers applications for scholarships.
EVICS assistance program currently serves families at the same income level
requirements as the Colorado Childcare Assistance Program and asks that parents pay
a fee that is scaled between 1-14% of their monthly income based on their Federal
Poverty Level (FPL).
Larimer County Childcare Fund (LCCF)
The Larimer County Childcare Fund (LCCF) was established by the United Way of
Larimer County and is administered by the Early Childhood Council of Larimer County
(ECCLC) to complement CCAP. Families who do not qualify for CCAP are eligible for
LCCF if their income is less than 115% AMI. The program is set up so that a family will
not pay more than 15% of their income on childcare. Unfortunately, the program is open
for enrollment only annually in April and only one Estes Park family has been a recipient
of assistance since its inception for various reasons.
The Larimer County Childcare Fund is set up to serve the entire Larimer County and
can earmark funds for specific areas. For example, Fort Collins has additional funds that
are used only to serve their community. Of the $600,000 in tuition awards last year,
$510,000 was funded by UWLC and $90,000 from the City of Fort Collins.
It is worth noting that LCCF is run as a private funding program based on referralsfrom
childcare providers, rather than a public assistance program. A private tuition assistance
program means it is funded by private donations, rather than a public assistance
program which is funded through public dollars, such as CCAP.
Colorado Childcare Assistance Program (CCAP)
The Colorado Childcare Assistance Program (CCAP) provides childcare assistance to
families who meet certain income guidelines and other eligibility requirements, and
families who are enrolled in the Colorado Works program.
Each county’s Department of Social/Human Services manages the CCAP program and
sets its eligibility requirements for families, but must help families that have an income
of 185% or less of the federal poverty guidelines. Counties will not serve families that
have an income over 85% of the state median income. Parents then pay a tiered parent
fee ranging between 1-14% of their monthly income on childcare based on size of
household, income, number of children in childcare, and total number of childcare hours
needed.
As of February 2024, due to budget constraints, the Larimer County Department of
Human Services implemented an immediate enrollment freeze for CCAP. Current
CCAP families can remain on the program, provided that they continue to meet eligibility
criteria. Prospective applicants are encouraged to still apply, but a full eligibility review is
postponed until the freeze is lifted. Exceptions are made for families in child welfare or
the Colorado Works program, ensuring their eligibility determination and potential
inclusion in the program if qualified.
Universal Preschool (UPK)
In 2022, the Colorado Universal Preschool Program was passed in legislation to offer
voluntary, high-quality universal preschool to every Colorado child in the year before
kindergarten. The Colorado Department of Early Childhood (CDEC) is charged with
operating the program.
All children in Colorado can register for up to 15 hours of free, high-quality preschool in
their year before kindergarten through Colorado’s UPK program. Qualifying factors
allow for additional children to be eligible for the program.
Children can qualify for UPK and still receive CCAP and LCCF to cover the costs
associated with care beyond the 15 hours of free preschool.
Proposal:
For the purposes of this agenda item, staff proposes only that the Town Board hear the
presentations and ask clarification questions.
As for next steps, the Town has been collaborating with regional and local partners to
strategize the best way to support local children and families since the CCAP freeze
was announced. A joint statement was released describing the current status of
childcare in Larimer County (Exhibit B). At this time, there are no other regional or
county-wide tuition assistance resources filling the gap for families during the CCAP
freeze. In February 2024 there were 27 children receiving assistance through the
EVICS Childcare Scholarship program.
To provide stability to our local children and families, as well as our workforce, the Town
would like to allocate additional funds to tuition assistance in 2024. Based on the
number of families receiving assistance through the EVICS Childcare Scholarship when
the freeze was announced in February and the influx of families who typically need
assistance in the summer, it is estimated that $200,000 of 6E childcare funds may be
needed to address this unforeseen challenge.
Staff plans to bring forth a funding request from EVICS Family Resource Center for the
Town Board’s consideration at your next meeting proposing the future of local
assistance.
Advantages:
N/A
Disadvantages:
N/A
Action Recommended:
None at this time.
Finance/Resource Impact:
None.
Level of Public Interest
Moderate.
Sample Motion:
None.
Attachments:
1. EVICS 2023 Tuition Assistance report
2. Joint Statement from Larimer County Department of Human Services
Carlie Bangs
Town of Estes Park
Housing & Childcare Manager
2024 Tuition Assistance Town Board MeetingMay 28, 2024
Tuition Assistance in the Estes Valley and the 2023 EVICS Tuition Assistance Report
Objective
Tuition Assistance was prioritized in the 2024 Funding Plan for the use of 6E funds and is a strategy addressed in the preliminary results of the Childcare Needs Assessment and Strategic
PlanTuition Assistance programs allow childcare providers to charge a market rate while supporting families who cannot afford it
Present Situation
A family of four making $5,700 a month qualifies for Colorado Childcare Assistance Program (CCAP). The maximum they should be paying for childcare is $855 per month. If they have two
children in childcare, they’re likely paying around $2,400 per month in the Estes Valley unless they are receiving assistance.
Affordability
Universal Preschool (UPK)Colorado Childcare Assistance Program (CCAP)Larimer County Childcare Fund (LCCF)EVICS Childcare Scholarship
Assistance Programs
olds
-
olds and some 3 year
-
4 year
No Income RequirementsProviders must enroll and children get matched with a provider after applyingServes children the year before Kindergarten 15 hours of free preschoolProviders can
charge tuition at market rate and the 15 hours are discounted from tuition
Universal Preschool (UPK) and Colorado Childcare Assistance Program (CCAP) are both funded through the State of Colorado Department of Early Childhood. UPK
Universal Preschool
15% of monthly income)
-
13 years old
-
Larimer County Human Services administers CCAP for Estes Park residents
Family income must be below 235% of the Federal Poverty LevelServes children 0Parents pay the provider a tiered parent fee (0based on their Federal Poverty LevelProviders must enroll
and are reimbursed for each child monthlyFunds are distributed to each county
Universal Preschool (UPK) and Colorado Childcare Assistance Program (CCAP) are both funded through the State of Colorado Department of Early Childhood. CCAP
Childcare Assistance Program
115% AMI
-
80
Providers must enroll and are reimbursed for each child monthlyCreated to serve families whose income is too high for CCAPFor children under the age of 5Parents pay 15% of their income
as a parent fee each monthAdministered by the Early Childhood Council for Larimer County (ECCLC)
The Larimer County Childcare Fund (LCCF) is funded through United Way of Larimer County. LCCF
LCCF
age
-
15% of monthly income) based on
-
Providers must enroll and are reimbursed for each child monthlyCreated to serve families experiencing hardship or ineligible for CCAPFor children under the age of 5 and summer care for
schoolParents paid a tiered parent fee (0their Federal Poverty LevelAdministered by EVICS since 2006
The EVICS Childcare Scholarship is funded through private donations and fundraising, grants, partners, and 6E funds. EVICS
EVICS Childcare Scholarship
Thank you.
7
$ 8,894.75
6
$ 7,888.17
5
$ 6,881.58
4
$ 5,875.00
3
$ 4,868.42
Entry Income (Monthly Income at Application)
2
$ 3,861.83
235%
Larimer
CCAP Income Guidelines
FINANCE DEPT
Memo
To: Honorable Gary Hall
Board of Trustees
Through: Town Administrator Machalek
From: Jeremy Creamean, Finance Director
Date: May 14, 2024
RE: Resolution 41-24, Supplemental Budget Appropriations #3 to the 2024
Budget
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
To appropriate for 1A extension funds, additional amounts for the Enterprise Resource
Planning project, the Revitalizing Main Street grant received from the State, and certain
other budget corrections.
Present Situation:
As each year progresses, needs are identified that have not been included in the
budget. This may include new capital projects, new grants, or operational needs that
have recently come to light. Periodically, the budget needs to be amended to address
these needs.
Proposal:
Staff is seeking approval of the budget resolution authorizing the proposed budget
amendments. Detailed schedules of the proposed amendments are included in the
packet materials listing out each purchase order, capital project, other amendment and
related grant revenues. The following contains explanations of the more significant
items to be rolled forward or added to 2024:
Summary of Supplemental Appropriations:
General Fund – Decrease of $251,309
This includes appropriations for a transit operating grant received for 2024 in the
amount of $71,050, additional appropriations for transit arising from a transfer from the
Parking Services fund in the amount of $98,074, a correction to the 2024 budget arising
from an error in calculating salaries totaling $147,535, and fixing some issues with
purchase orders rolled over from 2023 to 2024 due to a system error, which reduces
appropriations by $105,080.Finally, transfers to the Community Reinvestment Fund are
reduced by $443,196.
Community Reinvestment Fund – Increase of $361,191
This includes $131,815 for additional appropriations for the Enterprise Resource
Planning project based on actual bids received as well as restoring a purchase order of
$229,376 that should have rolled from 2023 to 2024.
Conservation Trust Fund – Increase of $19,000
This increase includes rollover of $19,000 for the Thumb Open Space parking lot
improvements.
Larimer County Open Space Fund – Increase of $951
This includes an adjustment of $951 from the salary calculation error.
Wildfire Mitigation Fund – Increase of $244,324
This is a new fund that is being created after the passage of the 1A sales tax extension.
This is to appropriate the monies expected to be received for Wildfire Mitigation, which
will be transferred to the Estes Valley Fire Protection District in accordance with the 1A
sales tax provisions.
Trails Improvement Fund – Increase of $37,433
This includes an appropriation for a term-limited civil engineer position for the remainder
of 2024 in light of the passage of 1A.
Trails Improvement Extension Fund – Increase of $319,000
This is a new fund that is being created after the passage of the 1A sales tax extension.
A new fund is being created because the ballot language is slightly different from the
original sales tax and staff believed it would be better to segregate these funds until the
funds from the original tax are fully expended. This includes an appropriation of
$319,000 for the Graves Avenue Trail project based on actual bids received.
Parking Services Fund – Decrease of $54,845
This includes an appropriation to transfer $98,074 to the General Fund to support transit
operations. It also includes some budget fixes due to a system error that caused
$92,974 in purchase orders to roll forward incorrectly and to correct a misallocation of
the internal services director position in the amount of $63,234. Both of these fixes
reduce the budget for the Parking Services Fund.
Street Improvement Fund – Increase of $1,108,204
This includes an appropriation of $200,000 from the new 1A sales tax funds to complete
the Cleave Street rehabilitation project, $500,000 from the 1A sales tax to fully fund the
Overlay program, $268,111 for the Revitalizing Main Street grant received from the
state, $35,692 to extend a term limited civil engineer position through the end of the
year to support 1A funded projects, and $62,234 to correct an error in the Internal
Services Director position allocation.
Stormwater Fund – Increase of $88,769
This is a new fund created after the passage of the 1A sales tax extension. This
includes an appropriation to create a new stormwater engineer position to start planning
the Town’s stormwater management program.
Power and Communications Fund – Increase of $154,121
This includes an additional appropriation of $404,654 for the new enterprise resource
planning and utility billing system project based on actual bids received, as well as a
reduction of $228,483 arising from overbudgeting the expenses associated with the
congressionally directed spending project for fire mitigation. There is also a reduction of
$85,107 from accounts payable that were entered into 2023 after the passage of BA#2
and some fixes related to purchase orders that were rolled incorrectly due to a system
issue. Finally, there is an additional $63,057 in appropriations due to the previously
mentioned payroll fixes.
Water Fund – Decrease of $2,555,928
This includes a scope reduction for a grant funded project of $1,800,000 due to the
grant not being received. It also includes cancellation of certain other projects not
deemed necessary. There was also a large 2023 invoice ($747,464) that was received
after BA#2 was prepared that was expensed in 2023, and should not be reflected in the
2024 budget. In addition, this includes $201,261 in additional appropriations for the
enterprise resource planning and utility billing project based on actual bids received.
Fleet Maintenance Fund – Increase of $70,635
This includes an additional $61,277 for local match for the Trolley Barn project, as well
as a $13,909 to correct the 2024 payroll budget.
Information Systems Technology Fund - Increase of $10,329
This is for a correction to the payroll budget arising from an error in creating the 2024
budget.
Advantages:
The Town will continue to operate in compliance with statutory requirements regarding
municipal budget law.
Disadvantages:
None identified.
Action Recommended:
Staff recommends approval of the 2024 supplemental budget appropriation #3
resolution.
Finance/Resource Impact:
After reflecting this budget amendment, the General Fund reserves are projected at
32.5% of 2024operating expenditures.
Level of Public Interest
Limited – no comments received.
Sample Motion:
I move for the approval/denial of Resolution 41-24.
Attachments:
1. Resolution 41-24 Supplemental Budget Appropriations # 3to the 2024 Budget.
2. Link to Recaps of Proposed Budget Adjustments and Supporting Documents
RESOLUTION 41-24
SUPPLEMENTAL BUDGET APPROPRIATIONS# 3 TO THE 2024 BUDGET
WHEREAS, the Board of Trustees of the Town of Estes Park adopted the 2024
annual budget in accordance with the Local Government Budget Law on November
th
14, 2023; and
WHEREAS, certain projects and expenditures have additional funding needs
which were identified after adoption of the original annual budget; and
WHEREAS, it is not only required by law, but also necessary to appropriate the
revenues provided in the budget to and for the purposes described below, so as not to
impair the operations of the Town of Estes Park.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
That the appropriations for 2024 be decreased by $467,160 for the funds
specified below and these amounts are hereby appropriated from additional revenue or
available fund balance of each fund.
Fund Fund Name Existing Amendment Amended
# Appropriations Appropriations
101 General Fund 30,463,305 (251,309) 30,211,996
204 Community Reinvestment Fund 9,211,275 361,191 9,572,467
211 Conservation Trust Fund 54,000 0 54,000
220 Larimer County Open Space Fund 1,155,092 915 1,156,006
236 Emergency Response System Fund 66,746 0 66,746
238 Community Center Fund 459,171 0 459,171
240 Wildfire Mitigation Fund 0 244,324 244,324
244 Trails Improvement Fund 5,598,092 37,433 5,635,524
246 Trails Improvement Extension Fund 0 319,000 319,000
256 Parking Services Fund 3,061,688 (54,845) 3,006,843
260 Street Fund 6,255,660 1,108,204 7,363,863
265 Stormwater Fund 0 88,769 88,769
270 Workforce Housing Lodging Tax Fund 5,157,470 0 5,157,470
502 Power and Communications Fund 30,296,849 154,121 30,450,968
503 Water Fund 27,847,822 (2,555,928) 25,291,895
505 Workforce Housing Fund 500,000 0 500,000
606 Medical Insurance Fund 4,310,000 0 4,310,000
612 Fleet Maintenance Fund 1,335,176 70,635 1,405,812
625 Information Technology Fund 1,212,297 10,329 1,222,626
635 Vehicle Replacement Fund 1,098,131 0 1,098,131
645 Risk Management Fund 568,164 0 568,164
Total All Funds 128,650,938 (467,161) 128,183,775
DATED this ______ day of _____________, 2024.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
FINANCE DEPT
Memo
To: H
onorable Mayor Hall
Board of Trustees
Through: Town Administrator Machalek
From: Duane Hudson, ERP Project Manager
Date: 5/14/2024
RE: Resolution 42-24 Approving a Contract with Tyler Technologies for
Accounting Software Acquisition and Implementation
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
To enter into a contract to acquire and implement a new Software as a Service (SaaS)
accounting system from Tyler Technologies.
Present Situation:
In 2022, the Town began the process of replacing our Enterprise Resource Planning
system (ERP – a.k.a. accounting system) originally implemented in 1993 with a needs
assessment. The needs assessment was completed in 2023 with the issuance of the
July 18, 2023 Needs Assessment report.
Software specifications were then completed and posted with proposals due December
4, 2023. The Town received nine proposals which were reviewed by staff from multiple
departments with four vendors selected for software demonstration.
S
oftware demonstrations were then held over 13 days during January and February
2024 with staff from the Town Administrator’s Office, Information Technology, Finance,
Human Resources, Public Works, Water, Electric and Broadband participating. After
th
the software demonstrations, the Town participants met virtually on Feb 15 and made
the following recommendation which was accepted by the ERP Steering Committee
later that afternoon.
Tyler Technologies ERP - for core accounting, fleet management, purchasing,
accounts payable, miscellaneous accounts receivable, inventory, general ledger,
reporting, etc.
SpryPoint – for utility billing, customer online payment portal, etc.
Seek separate proposals for HR / Payroll – want to compare stand-alone
HR/payroll system functionality with that found in the Tyler ERP
All of these solutions are Software as a Service (SaaS) offerings, which has become the
new norm for this type of accounting software. Many of the current software offerings
are no longer available for local on-premises installation. The software will be hosted
on the vendor’s servers and the Town will access the software over the internet. The
Town will not need to buy, install and eventually replace the expensive servers to house
the software, nor will our IT Department need to maintain the servers, apply server
software patches, apply the ERP software updates and patches, pay for server software
licensing, etc.
The Tyler Technologies proposal was for their Tyler Technologies ERP (formerly known
as MUNIS) system. This will replace most of the current Naviline accounting system
with the separate SpryPoint Services software replacing the utility billing functionality.
Proposal:
The Tyler Technologies proposal includes multiple modules and functions all designed
to work together, reducing or eliminating duplicate entry of data into multiple systems.
The primary modules or functions include:
Financial management general ledger module
Purchasing and eProcurement
Bid management
Budgeting
Accounts payable
Capital assets and depreciation
Cash management functionality
Contract management
Project and grant accounting
Accounts receivable
Cashiering
Inventory for fleet maintenance
Enterprise asset management (fleet maintenance)
Content management (integrated document management system)
The Tyler Technologies ERP is a fully developed system with over a decade of
refinement and improvements in functionality. It is custom developed for governments
only, not a generic system that is modified to handle governmental accounting needs.
This government specific development process allows Tyler to be more responsive to
the unique needs of governmentsand provide a more comprehensive purpose built
system. This was apparent in some of the functionality presented during the system
demonstration sessions.
Many local governments, including several Colorado municipalities, use the Tyler ERP.
Several existing Town staff members have also used the system and are familiar with it.
The ERP Project Manager even implemented this same system at the City of Boulder
about 9-10 years ago.
Project implementation includes a team of two dedicated Town staff members(term-
limited positions that end when the project is completed) and the software configuration
consulting teamincluded in this contract. Town staff is planning to do the data
extraction necessary for implementation of the Tyler system and is not currently
planning on using a data extraction and migration consultant which will be necessary for
the utility billing system. The dedicated project team will be supplemented with existing
Town staff as appropriate. The implementation is anticipated to begin this summer, as
soon as we can get on Tyler’s implementation schedule. Implementation is currently
expected to take 12 months and must be coordinated between implementation of the
two systems. The actual schedule will be developed after contact execution.
Advantages:
As mentioned above, this project is expected to result in benefits for Town processes
with limited external impacts. Some of these benefits include:
Enhanced reporting capability
Enhanced data extraction and analysis capabilities, including direct export from
the screen into excel files
Greatly improved data inquiry directly within the system, including direct drill-
down to underlying supporting documentation and invoice images instead of a
separate system like Laserfiche or even hard copy files
Electronic workflow for many internal documents, including purchase orders
(POs), invoices, journal entries, etc.
Elimination of many shadow systems like separate spreadsheets to manually
track specific info or using QuickBooks for miscellaneous accounts receivable
billing and tracking
Greatly improved grant and project tracking capabilities
Greatly improved data access and self-service capabilities for users in other
departments
Fully developed windows functionality
Increased IT efficiency due to the SaaS environment
Disadvantages:
The disadvantages of this implementation are more limited. These include:
Staff will need to learn new processes and procedures
Change management can be challenging with such a large scale project
Existing staff will have increased workloads as they assist with implementation of
relevant sections or modules. This may limit their ability to take on significant
new initiatives during implementation.
Action Recommended:
Approve the resolution authorizing the Mayor to sign the contract with Tyler
Technologies.
Finance/Resource Impact:
Annual SaaS fees $119,062
Other Third Party Annual License fees $ 14,372
Implementation Services $434,623
Travel Expenses $ 22,737
Total$590,794
Current Impact:
Community Reinvestment Fund 204-5400-544-33-33 $295,397
Power and Communications Fund 502-7001-580-33-33 $194,962
Water Fund 503-7001-580-33-33 $100,435
Total $590,794
A proposed project budget increase was included in Budget Amendment #3 presented
th
on May 14 to fully fund this system acquisition, implementation and the first year’s
SaaS fees.
Future Ongoing Impacts:
The Town will need to pay for the annual SaaS fees each year the system is used.
Annual fees are paid in advance and upon expiration of the initial term, annual fees will
be at the ratesin effect at the time or renewal. This SaaS fee is in lieu of the current
annual maintenance fees paid for Naviline.
Future One Time Impacts:
This contract is not expected to impact future one-time costs.
Level of Public Interest
We have not had significant public interest expressed at this time. The SpryPoint utility
system implementation is expected to impact the general public more than the Tyler
ERP implementation so limited public interest is expected at this time.
Sample Motion:
I move for the approval/denial of Resolution 42-24.
Attachments:
1.Resolution 42-24
2.Link to the Tylercontract – Software as a Service Agreement & Exhibits B-D
Tyler contract – Exhibit A – Investment Summaryis considered confidential
by Tyler Technologies Inc., and has not been included
Link to Exhibit E – Statement of Work
RESOLUTION 42-24
APPROVING A CONTRACT WITH TYLER TECHNOLOGIESFOR UTILITY BILLING
SOFTWARE
WHEREAS, the Town Board wishes to enter into a software as a service (SaaS)
contract with Tyler Technologies to acquire and implement a new Enterprise Resource
Planning accounting system to replace the current system.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board approves, and authorizes the Mayor to sign, the software contract
referenced in the title of this resolution with Tyler Technologies in substantially the form
now before the Board. The Board authorizes the Finance Director or designee to spend
up to $568,057 for implementation and the first year’s SaaS fees and up to $22,737 for
actual travel costs during implementation.
DATED this __ day of , 2024.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
FINANCE DEPT
Memo
To: H
onorable Mayor Hall
Board of Trustees
Through: Town Administrator Machalek
From: Duane Hudson, ERP Project Manager
Date: 5/14/2024
RE: Resolution 43-24 Approving a Contract with SpryPoint Services, Inc. for
Utility Billing Software Acquisition and Implementation
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
To enter into a contract to acquire and implement a new Software as a Service (SaaS)
utility billing system from SpryPoint Service, Inc.
Present Situation:
In 2022, the Town began the process of replacing our Enterprise Resource Planning
system (ERP – a.k.a. accounting system) originally implemented in 1993 with a needs
assessment. The needs assessment was completed in 2023 with the issuance of the
July 18, 2023 Needs Assessment report.
Software specifications were then completed and posted with proposals due December
4, 2023. The Town received nine proposals which were reviewed by staff from multiple
departments with four vendors selected for software demonstration.
S
oftware demonstrations were then held over 13 days during January and February
2024 with staff from the Town Administrator’s Office, Information Technology, Finance,
Human Resources, Public Works, Water, Electric and Broadband participating. After
th
the software demonstrations, the Town participants met virtually on Feb 15 and made
the following recommendation which was accepted by the ERP Steering Committee
later that afternoon.
Tyler Technologies ERP - for core accounting, fleet management, purchasing,
accounts payable, miscellaneous accounts receivable, inventory, general ledger,
reporting, etc.
SpryPoint – for utility billing, customer online payment portal, etc.
Seek separate proposals for HR / Payroll – want to compare stand-alone
HR/payroll system functionality with that found in the Tyler ERP
All of these solutions are Software as a Service (SaaS) offerings, which has become the
new norm for this type of accounting software. Many of the current software offerings
are no longer even available for local on-premises installation. The software will be
hosted on the vendor’s servers and the Town will access the software over the internet.
The Town will not need to buy, install and eventually replace the expensive servers to
house the software, nor will our IT Department need to maintain the servers, apply
server software patches, apply the ERP software updates and patches, pay for server
software licensing, etc.
The SpryPoint Services, Inc. proposal was for their utility billing system. This will
replace the current utility billing system with the separate Tyler Technologies ERP
replacing the rest of the current Naviline accounting system.
Proposal:
The SpryPoint proposal is for a SaaS utility billing system, purpose built with DERMS
(distributed energy resources management system) functionality in mind. We are not
planning on acquiring the DERMS module at this stage but as PRPA and the Town
work through this industry shift, the SpryPoint modules will allow the Town to be more
agile as more local residents install solar panels, wind turbines and other local power
generation capability.If needed for the future, SpryPoint had a purpose built DERMS
module and even a Broadband module for scalability.
One of the current challenges with our existing system involves the calculation of utility
bills for the residents with the aforementioned power generation capability. The “net
meter bank” which tracks excess power generated or used each month is currently a
manual process and the number of these “net meter” accounts increases almost
monthly. The SpryPoint software will help automate this process, increasing efficiencies
within the Finance Department and reducing bill preparation time by approximately one
day each month.
The proposed SpryPoint software package includes the utility billing module, cash
receipts module, a fully integrated and robust customer service online payment and
information portal, and a utility billing work order system for meter issues, etc.
Project implementation includes a team of two dedicated Town staff members (term-
limited positions that end when the project is completed), the software configuration
consulting team included in this contract, and a data extraction and migration consultant
under a separate contract. This will be supplemented with existing Town staff as
appropriate. The implementation will begin later this fall after the chart of accounts has
been developed within the Tyler ERP system this summer. Implementation is expected
to take over 14 months and must be coordinated between implementation of the two
systems. The actual schedule will be developed after contact execution.
Advantages:
As mentioned above, this project is expected to result in multiple benefits to both
internal Town staff and external utility customers. Some of these benefits include:
Detailed customer information portal including more than just past bills
Fully integrated customer payment portal
New improved utility bill formats
Improved utility bill preparation
Efficient cash receipting processes
Tight integration with smart meter reading technology
Modern windows based system, instead of our current command line green screen
program, with better reporting capability
Future enhancement possibilities with additional modules (i.e. DERMS and Broadband
modules)
Disadvantages:
The disadvantages of this implementation are more limited. These include:
Customer inconvenience associated with changing utility account numbers in their online
banking portals
Staff will need to learn a new utility billing system
Action Recommended:
Approve the resolution authorizing the Mayor to sign the contract with SpryPoint
Services, Inc.
Finance/Resource Impact:
Annual SaaS fee $ 84,400
Implementation Services $291,200
Travel Expenses $ 27,500
Total$403,100
Current Impact:
Power and Communications Fund 502-7001-580-33-33$266,046
Water Fund503-7001-580-33-33$137,054
Total $403,100
A proposed project budget increase was included in Budget Amendment #3 presented
th
on May 14 to fully fund this system acquisition, implementation and the first year’s
SaaS fees.
Future Ongoing Impacts:
The Town will need to pay for the annual SaaS fees each year the system is used. The
contract has an annual escalation clause of the larger of 5% or the CPI increase.An
estimate of the 2025 SaaS fees is 88,620 based on current estimated users. The actual
number of users are audited periodically and the fee is recalculated up or down
accordingly. This SaaS fee is in lieu of the current annual maintenance fees paid for
Naviline.
Future One Time Impacts:
This contract is not expected to impact future one-time costs.
Level of Public Interest
We have not had significant public interest expressed at this time. However, as we
move forward with the implementation, a public information effort will be needed to
create awareness of the new system and educate the public about the new utility bill
format, the new utility account numbers and the new online utility customer information
and payment portal.
Sample Motion:
I move for the approval/denial of Resolution 43-24.
Attachments:
Resolution43-24
SpryPoint contract – Master Subscription Agreement
Exhibits A – F are considered onfidential by SpryPoint and are not included
ATTACHMENT 1
RESOLUTION 43-24
APPROVING A CONTRACT WITH SPRYPOINT SERVICES, INC. FOR UTILITY
BILLING SOFTWARE
WHEREAS, the Town Board wishes to enter into a software as a service (SaaS)
contract with SpryPoint Services, Inc. to acquire and implement a new utility billing
system to replace the current system.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board approves, and authorizes the Mayor to sign, the software contract
referenced in the title of this resolution with SpryPoint Services, Inc. in substantially the
form now before the Board. The Board authorizes the Finance Director or designee to
spend up to $375,600 for implementation including the first year’s SaaS fees and up to
$27,500 for actual travel costs during implementation.
DATED this __ day of , 2024.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Master Subscription Agreement | Estes Park, Co
Master Subscription Agreement
This Master Subscription Agreement isby and between SpryPoint Services, Inc. (“SpryPoint) a Canadian Corporation
with offices at 45 Queen Street, Charlottetown, PE C1A 4A4 and Town of Estes Park(“Client”) with offices at170
MacGregor Avenue, PO Box 1200, Estes Park, Colorado 80517(each a “Party or collectively “Parties”) andshall come
into effect on the date executedby the Parties (“Effective Date”).
Whereas SpryPoint provides a subscription Service to which Client intends to subscribe, this Agreement establishes
the business relationship and allocation of responsibilities regarding the Service and the Parties therefore agree as
follows.
The exhibits and schedules attached hereto are an integral part of this agreement and are deemed incorporated by
reference herein.
SpryPoint agrees to timely perform the services described below in accordance with the terms and conditions of this
Agreementand as described in the exhibits and schedules. Should there be a conflict of terms or conditions, this
Agreement shall control, and the order of precedence shall be as follows:
1.Master Subscription Agreement
2.Exhibit A – Statement of Work
3.Exhibit B – Pricing Schedule
4.Exhibit C – Service Level Agreement
5.Exhibit D – Insurance Requirements
6.Exhibit E – Security Provisions
7.Exhibit F – Data Processing
DEFINITIONS. The following capitalized terms shall have the following meanings whenever used in this Agreement.
“Agreement” means this Master Subscription Agreement, including any exhibits or attachments heretoor any
other document explicitly incorporated herein.
“Confidential Information”refers to the following types of material or content one Partyto this Agreement
(“Discloser”) discloses to the other (“Recipient”): (a) any information Discloser marks or designates as
“Confidential” at the time of disclosure; and (b) any other non-public, sensitive information disclosed by Discloser
including, but not limited to code, inventions, know-how, business, technical, and financial information, or other
information which should reasonably be understoodby the Recipient to be confidential at the time it is disclosed,
due to the nature of the information and the circumstances surrounding such disclosure. Confidential Information
does not include information that: (i) is lawfully in Recipient’s possession at the time of disclosure; (ii) is
independently developed by Recipient without use of or reference to the Discloser’sConfidential Information; (iii)
becomes known publicly, before or after disclosure, other than as a result of Recipient’s or any other person’s or
entity’simproperor illegalaction or inaction; or (iv) is obtained bytheRecipientfroma third Partywho had the
legal right to disclose such information.
“Client Data”means informationthat is comprised of dataobtainedfrom, used in, storedor generated by the
Clientas the result of the use of the Service.
“Client Input” means suggestions, enhancement requests, recommendations or other feedback provided by
Client, its employees, or any other person or entity acting at the Client’s direction, relating to the operation or
functionality of the Service.
Master Subscription Agreement | Estes Park, Co
“Intellectual Property Rights” means any and all common law, statutory and other industrial property rights
and intellectual property rights, including copyrights, trademarks, trade secrets, patents and other proprietary
rights issued, honored or enforceable under any appliable laws anywhere in the world, and all moral rights related
thereto.
“Malicious Code” means viruses, worms, timebombs, trojan horses and other malicious code, files, scripts,
agents,or programs.
“Messaging Service” meansthemessaging capabilities provided with the Service.
“Service”means the SpryPointapplications asidentifiedin the Pricing Scheduleand further described in the
Statement of Work and Documentation.
“SpryPoint Documentation”means the Service’sstandard user manuals and any other accompanying
documents related to the Service delivered to the Client.
“Updates” means all changes to the Service and SpryPoint Documentation as developed by SpryPoint and made
availableto the Client.
1.Provision of Service.
1.1SpryPoint Obligations. SpryPoint shall make the Service available to Client in accordance with the
terms of this Agreement.
1.2Client Obligations. Client mustuse theService incompliance with this Agreementand in accordance
with the SpryPoint Documentation. Client shall: (a) have sole responsibility for the accuracy, quality, and
legality of all Client Data and (b) take commercially reasonable efforts to prevent and be responsible for
unauthorized access to, or use of, the Service and notify SpryPoint promptly of any such unauthorized
access or use. Client shall not: (aa) use the Service in violation of applicable laws;or (bb) send or store
Malicious Code by way of theService or its related systems or networks. Client shall designate contacts
to requestand receive support services from SpryPoint. Support contacts must be trained on the SpryPoint
Servicefor which they initiate support requests. Client shall be liable for the acts and omissions of all
persons or other legal entities that it allows to access(including unauthorized access)the Service.
1.3Acceptable Use. Client acknowledges and agrees that SpryPoint does not police the content of Client
Data nor communications of Client or its users transmitted through the Service, and that SpryPoint shall
not be responsible for the content of any such communications or transmissions. Client shall use the
Service exclusively for authorized and legal purposes, consistent with all applicable laws and regulations
and this Agreement. Client is solely responsiblefor(a)assuringthat the disclosure and use of Client Data,
content, orinformation provided to SpryPoint does not violate any applicable law or infringe upon the
Intellectual Property Rights of any third partyand (b) usingany reports and other materials prepared by
Clientthrough the Servicein a manner that will not violate any applicable law or infringe upon the
Intellectual Property rights of any third party. Client agrees not to post or upload any content or datainto
the Servicewhich (aa) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening;
(bb) violates the rights of others, such as data which infringes on any intellectual property rights or violates
any right of privacy or publicity; or (cc) otherwise violates any applicable law. SpryPoint may remove any
violating content posted or transmitted through the Service, without notice to Client. SpryPoint may
suspend or terminate any user’s access to the Service upon notice in the event that SpryPoint reasonably
determines that such user has violated the terms and conditions of this Agreement.
Master Subscription Agreement | Estes Park, Co
2.Fees.
2.1Invoices & Payment. All fees are quoted and payable in United States Dollars. All invoiced charges
are due net 30 days from the invoice date. Late payments may accrue interest at the rate of 1.5% per
month. All payment obligations are non-cancelable, and all payments made are non-refundable.
SpryPoint, without limiting its other rights and remedies,reserves the right to suspend the Service until
such amounts are paid in full. All fees invoiced pursuant to this Agreement do not include any applicable
taxes. Client shall be solely responsible in the event any authority imposes a duty, tax, levy, or fee
(excluding those based on Provider’s net income) directly upon the Client in relation to this Agreement.
3.Proprietary Rights
3.1SpryPoint Intellectual Property Rights. SpryPointretains all right, title, and interest in and to the
Service, SpryPoint Documentation and other SpryPoint Intellectual Property Rights including any related
methodologies, techniques, processes, and instruction developed by SpryPointand used in the course
of deliveringthe Service under this Agreement. No rights are granted to Client hereunder other than
expressly set forth herein. Client shall not and shall not allow or cause any third partyto (a) reverse
engineer, modify or copy the Service or SpryPoint Documentation or create any derivative works based
on the Service and SpryPoint Documentation; (b) copy anyfeatures, functions, interfaces, integrations
or graphics of the Service or SpryPoint Documentation;(c)access the Service or SpryPoint
Documentation in order to build any commercially available product or service.
3.2Client Rights. SpryPoint hereby grants to Client a non-exclusive, non-transferable, non-perpetual,
limited license to use the Service and SpryPoint Documentationinaccordance withthe terms and
conditions of this Agreement.
3.3License to Host Client’s Data. Client grants SpryPoint and SpryPoint’s hosting partners a worldwide,
limited-term license to host, copy, transmit and display Client Data, as necessary for SpryPoint to provide
the Service in accordance with this Agreement. As between SpryPoint and Client, SpryPoint acquires no
right, title,or interest from Client under this Agreement in, orto,Client Data.
3.4License to use Client’s Feedback. Client grants to SpryPoint and its affiliates a worldwide, perpetual,
irrevocable, royalty-free license to use and incorporate into the Serviceany suggestion, enhancement
request, recommendation, correction,or other Client Inputrelating to the Service. SpryPoint shall have
no obligation to incorporateClient Inputinto the Service.
3.5Statistical Information. SpryPoint owns all aggregated and statistical data derived from the operation
of the Service, including, without limitation, the number of records in the Service, the number and types
of transactions, configurations, and performance results for the Service. SpryPoint may anonymously
compile statistical information related to the performance of the Service for purposes of improving the
Service, provided that such information does not identify Client data or include Client’s name.
4.Confidentiality
4.1Confidentiality. A Partyshall not disclose or use any Confidential Information of the other Partyexcept
as reasonably necessary to perform its obligations or exercise its rightspursuant to this Agreement
except with the other Party’s prior written permissionor as required by applicable law or by proper legal
or governmental authority. If Client is required to disclose SpryPoint Confidential Information pursuant
to applicable law or by proper legal authority, Client shall give SpryPointnotice of any such legal or
governmentaldemand and reasonably cooperate with the other SpryPoint, at SpryPoint’s expense, in
any effort to seek a protective order or otherwise contest such required disclosure. Nothing herein shall
prohibit the Town from complying with the Colorado Open Records Act as it determines is required.
Master Subscription Agreement | Estes Park, Co
4.2Nondisclosure. A Party shall not use Confidential Information for any purpose other than to facilitate
this Agreement. A receiving Party: (a) shall not disclose Confidential Information to any employee or
contractor unless such person needs access in order to facilitate the Agreement and executes a
nondisclosure agreement with Recipient and(b) shall not disclose Confidential Information to any third
partywithout Discloser’s prior written consent, except as described above.
4.3Protection. Each Partyshall protect Confidential Information with the same degree of care it uses to
protect its own Confidential Information, but in no event using less than acommerciallyreasonable
standard of care.
4.4Injunctive Relief. Recipient agrees that breach of Confidentiality would cause irreparable injury, for
which monetary damages would be inadequate. If a Recipient discloses or uses any Confidential
Information of the Discloserin breach of confidentiality protections hereunder, the Disclosershall have
the rightto, in addition to any other remedies available,injunctive relief to enjoin such acts.
4.5Retention of Rights. This Agreement does not transfer ownership of Confidential Information or grant
a license or any other right thereto. Discloser will retain all right, title,and interest in and to all
Confidential Information.
5.Data Privacy & Security
5.1SpryPoint use of Data. Client hereby grants SpryPoint a limited right to access, process, collect,
store, generate, display, and use Client Data for the sole purpose of providing the Service.
Notwithstanding the foregoing, SpryPoint may disclose Client Data as required by applicable law or by
proper legal or governmental authority. SpryPoint shall give Client notice of any such legal or
governmental demand and reasonably cooperate with Client in any effort to seek a protective order or
otherwise contest such required disclosure, at Client’s expense.
5.2Data Security.Each Party shall be responsible for establishing and maintaining its owncommercially
reasonabledata privacy and information security policies, including physical, technical, administrative,
and organizational safeguardsin relation to the Service.
5.3Unauthorized Disclosure. If either Party believes there has been a security breach, such Partymust
notify the other Partyupon the earlier of forty-eight (48) hours after discovery or any time frame required
by applicable law unless legally prohibited from doing so. Each Party will provide commercially
reasonable assistancetothe other Party in mitigatingsuch breach.
6.Warranties & Disclaimers
6.1From SpryPoint.
a)Function:SpryPoint represents and warrants that, during the Term, the Service will perform
materially in accordance with the SpryPoint Documentation.
b)Intellectual Property Rights: SpryPoint represents and warrants that it owns the Service and
has the power and authority to grant the rights in this Agreement without the further consent of
any third Party.
c)Malicious Code: SpryPoint represents and warrants that to the best of its knowledge the Service
does not contain any Malicious Code.
Master Subscription Agreement | Estes Park, Co
6.2From Both Parties. Each Partyrepresents and warrants that it has the full right and authority to enter
into, execute, and perform its obligations under this Agreement and that no pending or threatened claim
or litigation knownto it would have a materiallyadverse impact on its ability to perform as required by
this Agreement.
6.3Warranty Remedies. In the event of a breach of the warranty as set forth in Section 6.1, or upon
the discovery of Malicious Code in the Service, (a) SpryPoint shall correct the non-conforming Service at
no additional charge to Client or (b) in the event SpryPoint is unable to correct such deficiencies,after
good-faith efforts, Client’s exclusive remedy shall be arefundofthe subscription fees actually paid by
Client forthe twelve (12) month periodimmediately preceding notice to SpryPoint of such breach or
discovery.
6.4Warranty Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES OUTLINED IN SECTION 6.1 AND
6.2 ABOVE, SPRYPOINT MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING
ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT
TO THE SERVICE AND/OR RELATEDSPRYPOINTDOCUMENTATION. SPRYPOINT DOES NOT WARRANT
THAT THE SERVICE WILL PERFORM WITHOUT ERROR OR THAT IT WILL RUN WITHOUT
INTERRUPTION. THE LIMITED WARRANTIES PROVIDED HEREIN ARE THE SOLE AND EXCLUSIVE
WARRANTIES PROVIDED TO CLIENT IN CONNECTION WITH THE PROVISION OF THE SERVICE.
7.Indemnification. SpryPoint shall protect, defend, hold harmless and indemnify Client harmless against any
loss, damage or costs in connection with claims, demands, suits or proceedings (“Indemnified Claims)” made
or brought against Client alleging that the use of the Service infringes any third Party’s Intellectual Property
Rights; provided, however, that Client; (a) promptly gives written notice of the Claim to SpryPoint; (b) gives
SpryPoint sole control of the defense and settlement of the Claim; and (c)provides to SpryPoint, at SpryPoint’s
cost, all reasonable assistance.SpryPoint’s obligations set forth in this section do not apply to the extent that
sucha claim for Indemnificationarises out of: (a) Client’s breach of this Agreement; (b) revisions to the
Service made without SpryPoint’s written consent; (c) Client’s failure to incorporate Updates; (d) modification
of the Service by anyperson or entity not authorized bySpryPointto perform such modification(e)
unauthorized use of the Service; or (f)use of the Service in a manner inconsistent with the SpryPoint
Documentationor the terms of this Agreement. Furthermore, the obligation to indemnify shall not apply if
such liability is ultimately adjudicated to have arisen through the negligence or intentionalmisconduct of
Client. If Client is enjoined from using the Service or SpryPoint reasonably believes it will be enjoined,
SpryPoint shall have the right at its sole option, to obtain for Client the right to continue use of the Service or
to replace or modify the Service so that it is no longer infringing. If neither of the foregoing options is
reasonably available to SpryPoint, then use of the Service may be terminated at either Party’s option and
SpryPoint’s sole liability shall be to refund any prepaid fees for the Service that were to be provided after the
effective date of termination.
8.Limitation of Liability
8.1ClarificationsandDisclaimer. TO THE MAXIMUM EXTENT PERMITTED BY LAW AND EXCEPT WITH
RESPECT TO SPRYPOINT’SINDEMNIFICATION OBLIGATIONS, RECKLESS MISCONDUCT, GROSS
NEGLIGENCE, WILLFUL MISCONDUCT AND/OR FRAUD, IN NO EVENT SHALL SPRYPOINT'SAGGREGATE
LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR
OTHERWISE, EXCEED THE SUBSCRIPTION FEES ACTUALLY PAID BY CLIENT IN CONSIDERATION FOR
SPRYPOINT’S SERVICE DELIVERY DURING THE IMMEDIATELY PRECEDING TWELVE (12) MONTH
PERIOD FOR THE SERVICE FROM WHICH THE CLAIM AROSE. FOR THE AVOIDANCE OF DOUBT,
SPRYPOINT’S LIABILITY LIMITS APPLY TO SPRYPOINT’S AFFILIATES, PROVIDERS, AGENTS,
SPONSORS, DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND OTHER REPRESENTATIVES.
Master Subscription Agreement | Estes Park, Co
8.2Exclusion of Damages. IN NO EVENT SHALL SPRYPOINTHAVE ANY LIABILITY FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, OR FOR ANY
LOST PROFITS, LOSS OF USE, COST OF DATA RECONSTRUCTION, COST OF PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT
OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR
INABILITY TO USE THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION..
9.Term & Termination
9.1Term of Agreement. ThisAgreement shall be validas of the Effective Date and remain in effectuntil
terminated pursuant to the terms contained herein.
9.2Renewal. The Serviceshall automatically renew for successive terms of one year unless either Party
provides the other written notice of termination aminimum of(30) days prior to the expiration of the
current termor the Service has been otherwise terminated in accordance with this Agreement.
9.3Annual Escalation. The annual subscription servicefeefor the Service shall be subject to adjustment
on each annual anniversaryof the Effective Date at the higher of the following:
a)in accordance with the change in the USA Consumer Price Index (“CPI”) as published by the
Government of the United States. The CPI will be determined based on the percentage increase
in the CPI for the twelve (12) month period ending with the calendar month which is three (3)
months prior to the annualanniversary of the Effective Date
b)5%.
9.4Termination for Convenience. Client shall have the right to terminate this Agreement without cause
or penalty, by giving not less than Thirty (30) days’ prior written notice to SpryPoint. Upon termination,
Client shall pay SpryPoint all fees due up to the time of termination.
9.5Termination for Default. Either Partymay terminate this Agreement upon Thirty (30) days prior
written notice in the event of a material breach by the other Partyif such breach remains uncured at
the expiration of such notice period.
9.6Effect of Termination. Upon any termination of this Agreement, Client shall, as of the date of such
termination, immediately cease accessing and otherwise utilizing the applicable Service. Termination
for any reason shall not relive Client of the obligation to pay any fees accrued or due and payable to
SpryPoint prior to the Effective Date of termination.
9.7Access to Client Data. Upon written request by Client made prior to any expiration or termination of
this Agreement, SpryPoint will make Client Data available to Client through the Service solely for
purposes of Client retrieving Client Data for a period of up to sixty (60) days. After 60 days, SpryPoint
will have no obligation to maintain or provide any Client data and shall thereafter, unless legally
prohibited, delete all Client Data and will have no further obligation to make it available to Client.
9.8Annual Appropriation. This Agreement does not create a multiple fiscal year direct or indirect debt
or other financial obligation by Client. All financial obligations of the Client under thisAgreement are
contingent upon appropriation, budgeting, and availability of specific funds to discharge such obligations.
10.Messaging.
10.1Supplemental MessagingServiceTerms. If Client elects to use SpryPoint’s Messaging Service,the
following supplemental terms (“Messaging Terms”) will apply.
Master Subscription Agreement | Estes Park, Co
10.2Responsibility & Risk. Client shall be solely responsible for the content of any communications which
Client initiates or authorizes in connection with the Messaging Services. SpryPoint shall have no
responsibility or liability with respect to messages or communications initiated or authorized by Client.
Client assumes all risks associated with use of the Messaging Service
10.3Compliance. SpryPoint is limited to delivering the Messaging Service to the Client as part of the Service,
accordingly, compliance with applicable laws is strictly Client’s responsibility with respect to the
Messaging Service notwithstanding any provision to the contrary.
11.Miscellaneous
11.1Independent Contractor. SpryPoint and all persons employed by or contracted bySpryPoint to
furnish labor and/or materials under this Agreement are independent contractors and do not act as
agentsor employeesof Client. SpryPoint has full rights to manage its employees in their performance
of the Service under this Agreement. This Agreement does not create,nor is it intended to create a
partnership, franchise, joint venture, agency, fiduciary,or employment relationship between the parties.
There are no third-Partybeneficiaries to this Agreement.
11.2Governing Law. This agreement shall be governed exclusively by the internal laws of the State of
Colorado. Venue and jurisdiction for any court action filed regarding this agreement shall be only in
Larimer County, Colorado.
11.3Notices. All notices under this Agreement shall be in writing and shall be deemed to have been given
upon the third business day after first class mailing.
Notices to the Client shall be sent to:
170 MacGregor Avenue
PO Box 1200
Estes Park
Colorado, 80517, USA
Notices to SpryPoint shall be sent to:
Nick Stone
CFO
45 Queen Street–Suite #401
Charlottetown, PE C1A 4A4, Canada
11.4Waiver. No failure or delay by either Partyin exercising any right under this agreement shall constitute
a waiver of that right or any other right. Neither Client’s review, acceptance nor payments for any of
the Services provided under this Agreementshall be constructed to operate as a waiver of any
SpryPoint’srights under this agreement or of any cause of actionavailable to SpryPointarising out of
the performance of this Agreement.
11.5Force Majeure. In no event shall SpryPointberesponsible or liable for any failure or delay in the
performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond
its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil
or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or
malfunctions of utilities, communications or computer (software and hardware) services; it being
understood that SpryPoint shall use reasonable efforts which are consistent with accepted software
industry practices to resume performance as soon as practicable under the circumstances.
Master Subscription Agreement | Estes Park, Co
11.6Assignment. Neither Party may assign this Agreement or any of its rights or obligations hereunder
without the prior written consent of the other Party(which consent shall not be unreasonably withheld.
11.7Severability.To the extent permitted by the law, the Parties waive any provision of law that would
render any clause of this Agreement invalid or unenforceable. In the even that a provision herein is
held to be invalid or unenforceable, such provision will be interpreted to fulfills its intended purpose to
the maximum extent permitted by the law, and the remaining provisions of this Agreement will continue
in full force and effect.
11.8Publicity. Except as required for the Service, SpryPoint shall not use Client’s name, logos, or
trademarks in any written press releases, advertisements and/or marketing materials without the prior
consent of Client, SpryPoint is authorized to use Client’s name as required to perform the Service.
11.9Amendment. This Agreement may only be amended in writing by authorized representatives of each
Party.
11.10Execution in Counterparts: This Agreement may be executed in one or more counterparts. Each
counterpart will be an original, but all such counterparts will constitute a single instrument.
(signature block on next page)
Master Subscription Agreement | Estes Park, Co
Town of Estes Park, ColoradoSpryPoint Services, Inc.
Signature:Signature:
Name: Name:
Title:Title:
Date Signed:Date Signed:
APPROVED AS TO FORM:
Town Attorney
PUBLIC WORKS
Memo
To: H
onorable Mayor Hall
Board of Trustees
Through: Town Administrator Machalek
From: Dana Klein, CPP, CCTM, Parking & Transit Manager
Greg Muhonen, PE, Public Works Director
Date: May 14, 2024
RE: Resolution 44-24 Contract with RATP Dev USA, Inc for 2024 Operation of
The Peak’s Red Route
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Public Works (PW) staff seek Town Board approval of Resolution 44-24, the 2024
Services Contract with RATP Dev USA, Inc. for operation of The Peak transit’s Red
Route from May 24 through October 20, 2024.
Present Situation:
The Town of Estes Park utilizes the same third-party transit service provider as Rocky
Mountain National Park (RMNP), RATP Dev USA (formerly MacDonald Transit dba
Rocky Mountain Transit). RATP Dev USA was selected by RMNP to continue in their
role as its transit service provider from 2023 through 2028, with the option for five
additional years through 2033.
As allowed by the Town of Estes Park's adopted Finance Policies and Procedures
Manual, Section 3.7.3 (Exemptions from the Public Bidding Process, Use of State Bid
Awards), Public Works (PW) intends to piggyback off RMNP's Federal contract with
RATP Dev USA for the Town's 2024 Services Contract for operation of The Peak’s Red
Route transit service.
Proposal:
Details of the Town's 2024 Services Contract – Red Route Only includes:
RATP Dev USA's hourly service rate for 2024 will be $82.50, which includes
routine maintenance, shuttle drivers, drug and alcohol testing, training, and
insurance
A separate contract with RATP Dev will be presented to the Town Board for the other
transit routes after the grant agreement is received from CDOT for the FTA 5311 grant
funds.
Advantages:
Reduce the reliance on personal vehicles for locals and guests during the Town's
busy summer season.
Provide a free public transportation option that is available to riders of all ages
and abilities.
Encourage use of the Town's free parking structure, with the goal of reducing
traffic congestion in the downtown core.
Disadvantages:
The Peak is a significant General Fund investment; however, PW staff have
worked diligently since 2019 to diversify transit funding, and now the General
Fund contribution is supplemented by paid parking revenues and Federal grants.
Action Recommended:
PW staff recommend approval of the 2024 Contract with RATP Dev USA, Inc. for
operation of The Peak’s Red Route.
Finance/Resource Impact:
Current Impact: Total expenditure for Red Route Only $177,870.00 (budgeted) to be
drawn from 101-5600-456.22- 60 (Transportation Fees).
Future Ongoing Impacts: The budget for The Peakannual service is set during the
regular Town budget process. This contract is through October 20, 2024, only.
Future One-Time Impacts: This item is not expected to significantly impact future one-
time costs.
Level of Public Interest
Public interest in this item is moderate.
Sample Motion:
I move for the approval/denial of Resolution 44-24.
Attachments:
1.Resolution 44-24.
2.2024 Contract with RATP Dev USA
RESOLUTION 44-24
SERVICES CONTRACT EXTENSION WITH RATP DEV USA, INC.
FOR OPERATION OF THE TOWN’S RED ROUTE TRANSIT SERVICE IN 2024
W
HEREAS, the Town desires to its contract with RATP Dev USA, Inc. to continue
operating the Town’s free Red Route transitservice (The Peak) for the 2024 summer
season; and
WHEREAS, the Town’s annual contract is a piggyback off the 2023Federal
Services Contract between Rocky Mountain National Park and RATP Dev USA, Inc. as
allowed by the Town of Estes Park’s adopted procurement policy; and
WHEREAS, the proposed contract extension for 2024 Red Route services with
RATP Dev USA, Inc. is for $177,870.00, which is budgeted.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board approves, and authorizes the Mayor to sign, the services contract
extension referenced in the title of this resolution in substantially the form now before the
Board.
DATED this day of
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
SERVICES CONTRACT
EXTENSION NO. 1A
Contract with RATP Dev USA, Inc. for Operation of Estes Transit Red Route
The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and
RATP Dev USA, Inc. (Contractor), a Texas corporation, whose address is 300 Throckmorton
Street, Suite 670, Fort Worth, Texas 76137, make this Contract Extension this __________ day
of ____________________, 2024, at the Town of Estes Park, Colorado, considering the
following facts and circumstances:
1RECITALS:
1.1 Town and Contractor entered into a Services Contract on May 23, 2023, for
Operation of Estes Transit (Contract).
1.2 Section 21 of the Contract originally provided that the term would continue through
December 31, 2023, and provided for up to five (5) renewals for a period of one year
each, upon mutual agreement of the parties.
1.3 The Contract has not yet been extended.
1.4 Town and Contractor desire to extend the Contract for an additional year, but only as
it relates to the Red Route as described in the Contractor’s Red Route Proposal for
2024, an email entitled “Red route for 2024”, dated April 24, 2024, consisting of 2
pages (“2024 Red Route Proposal”). Town and Contractor plan to extend the
remainder of the Contract as well, at a future date.
2EXTENSION: The term of the Contract is hereby extended for one additional year as it
relates to the 2024 Red Route Proposal. Prices in the Contract are hereby updated to reflect
the 2024 Red Route Proposal, with a total price of $177,870 for 2024.
3PROVISIONS CONTINUE IN EFFECT: All other provisions of the Contract remain in full
force and effect. All provisions of the Contract relating to the interpretation or application
of the Contract shall apply equally to this Contract Extension as though fully set forth
herein. This instrument forms a contract only when executed in writing by duly authorized
representatives of Town and Contractor. By their signatures on this document, the
signatories represent that they have actual authority to enter this Contract for the respective
parties.
Signature pages follow.
CONTRACTOR
By:
Title: _______________________________
STATE OF )
) ss:
COUNTY OF )
The foregoing instrument was acknowledged before me this __________ day of
____________________, 2024, by ______________________________, as
_____________________________ of ______________________________, Contractor. (If by
natural person or persons, insert name or names; if by person acting in representative or official
capacity or as attorney-in-fact, insert name of person as an executor, attorney-in-fact, or other
capacity or description; if by officer of corporation, insert name of such officer or officers as the
President or other officers of such corporation, naming it.)
Witness my hand and official seal.
My Commission Expires .
Notary Public
Page 2 of 3
TOWN OF ESTES PARK
By:
Title: _______________________________
State of )
) ss:
County of )
The foregoing instrument was acknowledged before me by ,
as of the Town of Estes Park, a Colorado municipal
corporation, on behalf of the corporation, this day of , 2024.
Witness my hand and official Seal.
My Commission expires .
Notary Public
APPROVED AS TO FORM:
Town Attorney
Page 3 of 3
PUBLIC WORKS
Memo
To: H
onorable Mayor Hall
Board of Trustees
Through: Town Administrator Machalek
From: Dana Klein, CPP, CCTM, Parking & Transit Manager
Greg Muhonen, PE, Public Works Director
Date: May 14, 2024
RE: Resolution 45-24 Intergovernmental Agreement with CDOT for 2024
"Bustang to Estes" Transit Service
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Public Works staff seek Town Board approval of an Intergovernmental Agreement (IGA)
with the Colorado Department of Transportation (CDOT) for 2024 Bustang to Estes
service.
Present Situation:
Bustang is CDOT’s Interregional Express bus service that connectscommuters along
the I-25 Front Range and I-70 Mountain Corridors. By linking urban and rural transit
systems, Bustang responds to demand from the traveling public to have a reliable
1
transit alternative along the highest traveled corridors in the state.
In 2019, the Town, CDOT and Rocky Mountain National Park (RMNP) partnered to pilot
six weekends (13 days) of Bustang service from Denver Union Station to Estes Park,
with two stops along US 36 on the south side of Boulder. The 2019 pilot was developed
to help address the intense traffic and parking congestionthat both the Town and
RMNP experience during the peak summer and fall seasons. The pilot also supported
CDOT’s goals to improve safety, mobility, access, and rural connectivity to transit
services.
Bustang to Estes service expanded in 2021 to include a stop in Lyons, and in 2022 to
include direct access to RMNP’s Bear Lake Park-n-Ride. Beginning May 27, 2024
Bustang to Estes will operate forty (40) days of service consisting of Saturdays and
Sundays for 37 weekend days through Sunday, October 1, plus three holidays
1
Source: RideBustang.com
(Memorial Day, May 27; Juneteenth, June 19; and Labor Day, September 2). Service
will originate at Denver Union Station and terminate within RMNP at the Bear Lake
Road Park-n-Ride, with intermediate stops at Regional Transportation District (RTD)US
36 and Sheridan Station in Westminster; US 36 and Broomfield Station; US 36 and
Table Mesa Station in Boulder; the Town of Lyons Park-n-Ride; and the Estes Park
Visitor Center.
A roundtrip ticket will cost $15.00 per passenger, with discounts available for youth,
college students and seniors. All Bustang buses are fully wheelchair accessible.
Proposal:
Public Works staff recommend that the Town Board approve the IGA with CDOT for
2024 Bustang to Estes service.
Advantages:
Help address the intense traffic and parking congestion that both the Town and
RMNP experience during the peak summer and fall seasons.
Provide an affordable transportation option connecting Estes Park to the Front
Range, Denver Metro, and Denver International Airport.
Demonstrates the Town’s commitment to continued and expanded partnership
with CDOT, RMNP, and regional partners like Boulder County, the cities of
Broomfield, Westminster, and Boulder, and the Town of Lyons.
Disadvantages:
The Bustang vehicles could occupy parking spaces at the Visitor Centerduring
busy summer weekends; however, Town staff are working with Ace Coaches to
park Bustang at the Estes Park Events Complex whenever the vehicles are not
parked at the RMNP Bear Lake Park-n-Ride.
Action Recommended:
Approval of Resolution 45-24.
Finance/Resource Impact:
There is no identified impact to the Town budget in 2024. CDOT intends to pay for
Bustang to Estes service with fare-box revenue and state funds through SB 09-108
(FASTERfunds).
Level of Public Interest
The level of public interest is low to moderate.
Sample Motion:
I move for the approval/denial of Resolution 45-24.
Attachments
1. Resolution 45-24
2. IGA with CDOT for 2024 Bustang to Estes Service
RESOLUTION 45-24
APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE COLORADO
DEPARTMENT OF TRANSPORATION FOR 2024 BUSTANG TO ESTES SERVICE
WHEREAS, the Town Board desires to enter the intergovernmental agreement
referenced in the title of this resolution for the purpose of allowing CDOT’s operation of 40
days of 2024 Bustang to Estes service; and
WHEREAS, CDOT will operate Bustang commuter services for two roundtrips each
day of operation, originating from the Denver Union Station in downtown Denver, CO, with
stops at US 36 & Sheridan Station, US 36 & Broomfield Station, US 36 & Table Mesa
Station, US 36 & Lyons Park-n-Ride, the Estes Park Visitor Center, and Rocky Mountain
National Park Bear Lake Park-n-Ride; and
WHEREAS, CDOT will fund all aspects of the Bustang to Estes in 2024; and
WHEREAS, the Town desires to support CDOT’s state goals to improve safety,
mobility, access, and rural connectivity to transit services.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF ESTES PARK, COLORADO:
The Board approves, and authorizes the Mayor to sign the intergovernmental
agreement referenced in the title of this resolution in substantially the form now before the
Board.
DATED this day of , 2024.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Contract Number: 24-HAA-XC-00058
OLA Number: 331003343
STATE OF COLORADO
INTERGOVERNMENTAL AGREEMENT
COVER PAGE
State AgencyContract Number
Department Of Transportation24-HAA-XC-00058
Town/Local AgencyContract Performance Beginning Date
Town Of Estes Park TheEffective Date
Contract Maximum Amount $0.00Contract Expiration Date
December 31, 2024
THIS IS A NON-FUNDS ENCUMBERING
INTERGOVERNMENTAL AGREEMENT
Contract Purpose
ThisIntergovernmental Agreementdelineatesthe Department of Transportation’sand Town of Estes Park’sresponsibilities
regardinga project to provide limited transit commuter servicesbetween Denver and Estes Park.
Exhibits and Order of Precedence
The following Exhibits and attachments are included with this Contract:
1.Exhibit A – Statement of Work
In the event of a conflict or inconsistency between this Contract and any Exhibitor attachment, such conflict or inconsistency
shall be resolved by reference to the documents in the following order of priority:
1.Colorado Special Provisions in §8of the main body of this Contract.
2.The provisions of the other sections of the main body of this Contract.
3.Exhibit A, Statement of Work.
Principal Representatives
For the State:For Town/Local Agency:
Brian Pokorny,Project Manager
CDOT- Division of Transit and Rails(DTR)
Dana Klein, Parking and Transit Manager
2829 W. Howard Place
Town of Estes Park
Denver, CO 80204
P.O. Box 1200
(720)990-0095
Estes Park, CO 80517
brian.pokorny@state.co.us
(970)577-3957
dklein@estes.org
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SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
Each person signing this Contract represents and warrants that the signeris duly authorized to execute this Contractand to
bind the Party authorizing suchsignature.
TOWN/LOCAL AGENCY TOWN/LOCAL AGENCY
Town of Estes ParkTown of Estes Park
______________________________________________By:_______________________________________________
By:Gary Hall, MayorJackie Williamson, Town Clerk
Date: _________________________Date:_________________________
TOWN/LOCAL AGENCY STATE OF COLORADO
Town of Estes ParkJared S. Polis, Governor
Department of Transportation
Shoshana M. Lew, Executive Director
______________________________________________
By: Daniel Kramer, Town Attorney______________________________________________
By: Keith Stefanik, P.E., Chief Engineer
Date: _________________________
Date: _________________________
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1.PARTIES
This Contract is entered into by and between Town/Local Agencynamed on the Cover Page for
this Contract(the“Town/Local Agency”), and the STATE OF COLORADO acting by and through
the State agencynamed on the Cover Page for this Contract(the“State”).Town/Local Agencyand
the State agree to the terms and conditions in this Contract.
2.TERMAND EFFECTIVE DATE
A.Effective Date
This Contract shall not be validor enforceable until the Effective Date.The State shall not
be bound by any provision of this Contract before the Effective Date, andshall have no
obligation to pay Town/Local Agency forany Work performed or expense incurred before
the Effective Dateor after the expiration or sooner termination of this Contract.
B.Initial Term
The Parties’ respective performances under this Contract shall commence on the Contract
Performance Beginning Date shown on the Cover Page for this Contract andshall terminate
on the Initial Contract Expiration Date shown on the Cover Page for this Contract(the “Initial
Term”)unless sooner terminated or further extended in accordance with thetermsof this
Contract.
C.End of Term Extension
If this Contract approaches the end of its Initial Term, or any Extension Term then in place,
the State, at its discretion,upon written notice to Town/Local Agency asprovided in §6,may
unilaterally extend such Initial Term or Extension Termfor a period not to exceed twomonths
(an “End of Term Extension”), regardless of whether additional Extension Terms are
available or not. The provisions of this Contract in effect when such notice is givenshall
remain in effect during the End of Term Extension.The End of Term Extensionshall
automaticallyterminate upon execution of a replacement contract or modificationextending
the total term of thisContract.
D.Termination for Cause
If, through any cause, either Party shall fail to fulfill its obligations under this Agreement, or
if either Party shall violate any of the covenants, agreements, or stipulations of this
Agreement, either Party shall thereupon have the right to terminatethis Agreement for cause
by giving written notice to the other Party of its intent to terminate and giving at least three
(3) days opportunity to cure the default or show cause why termination is otherwise not
appropriate.
3.STATEMENT OF WORK
Town/Local Agency shallperformas described in this Contractand in accordance with the
provisionsof Exhibit A.
4.CONFLICTS OF INTEREST
A.Actual Conflicts of Interest
Town/Local Agency shallnot engage in any business or activitiesormaintain any
relationships that conflictin any way with the full performance of the obligations of
Town/Local Agency underthis Contract.Such a conflict of interest would arise when a
Town/Local Agency orSubcontractor’s employee, officer or agentwere to offer or provide
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any tangible personal benefit to an employee of the State, or any member of his or her
immediate family or his or her partner, related to the award of,entryinto or managementor
oversight ofthis Contract.
B.Apparent Conflicts of Interest
Town/Local Agency acknowledgesthat,with respect to this Contract, even the appearance
of a conflict of interest shall beharmful to the State’s interests. Absent the State’s prior
written approval, Town/Local Agency shallrefrain from any practices, activities or
relationships that reasonably appear to be in conflict with the full performance of Town/Local
Agency ’s obligations under this Contract.
C.Disclosure to the State
If a conflict or the appearanceof a conflictarises, or if Town/Local Agency isuncertain
whether a conflict or the appearance of a conflict has arisen, Town/Local Agency shallsubmit
to the State a disclosure statement setting forth the relevant details for the State’s
consideration.Failure to promptly submit a disclosure statement or to follow the State’s
direction in regard to the actual or apparent conflict constitutes a breach of this Contract.
D.Town/Local Agency acknowledgesthat all State employees are subject to the ethical
principles described in §24-18-105, C.R.S. Town/Local Agency furtheracknowledges that
State employees may be subject to the requirements of §24-18-105, C.R.S. with regard to this
Contract.
5.DISPUTE RESOLUTION
Except as otherwise provided in this Agreement, any dispute concerning a question of fact
arising under this Agreement which is not disposed of by agreement will be decided by the
Chief Engineer of the Department of Transportation. The decision of the Chief Engineer will
be final and conclusive unless, within 30 calendar days after the date of receipt of a copy of
such written decision, the Local Agency mails or otherwise furnishes to the State a written
appeal addressed to the Executive Director of the Department of Transportation. In
connection with any appeal proceeding under this clause, the Local Agency shall be afforded
an opportunity to be heard and to offer evidence in support of its appeal. Pending final
decision of a dispute hereunder, the Local Agency shall proceed diligently with the
performance of the Agreement in accordance with the Chief Engineer’s decision. The
decision of the Executive Director or his/her duly authorized representative for the
determination of such appeals will be final and conclusive and serve as final agency action.
This dispute clause does not preclude consideration of questions of law in connection with
decisions provided for herein. Nothing in this Agreement, however, shall be construed as
making final the decision of any administrative official, representative, or board on a question
of law.
6.NOTICES ANDREPRESENTATIVES
Each individual identified as a Principal Representative on the Cover Page for this Contractshall
bethe principal representative of the designating Party. All notices required or permitted to be
given under this Contract shall bein writing, and shall be delivered (A)by hand with receipt
required,(B)by certified or registered mail to such Party’s principal representative at the address
set forth belowor (C) as anemailwith read receipt requested to the principal representativeatthe
email address, if any, set forth on the Cover Page for this Contract.If a Party delivers a notice to
another through email and the email is undeliverable, then, unless the Party has been provided with
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an alternate email contact, the Party delivering the notice shall deliver the notice by hand with
receipt required orby certified or registered mail to such Party’s principal representative at the
address set forth on the Cover Page for this Contract. Either Party may change its principal
representative or principal representative contact information ormay designate specific other
individuals to receive certain types of notices in addition to or in lieu of a principal representative
bynotice submitted inaccordance with this sectionwithout a formal amendment to this Contract.
7.GENERAL PROVISIONS
A.Assignment
Town/Local Agency ’s rights and obligations under this Contract are personal and may not
be transferred or assigned without the prior, written consent of the State. Any attempt at
assignment or transfer without such consent shall be void. Any assignmentor transfer of
Town/Local Agency ’s rights and obligations approved by the Stateshall be subject to the
provisions of this Contract.
B.Subcontracts/Sub-Local Agencies
Town/Local Agency shallnot enter into any subcontract in connection with its obligations
under this Contract without the prior, written approval of the State.Town/Local Agency shall
submit to the State a copy of each such subcontract upon request by the State.All subcontracts
entered into by Town/Local Agency inconnection with this Contractshall comply with all
applicable federal and state laws and regulations, shall provide that they aregoverned by the
laws of the State of Colorado, and shall be subject to all provisions of this Contract.
The State understands that the Local Agency may intend to perform some, or all of the
services required under this Agreement through a Sub-local Agency. The Local Agency
agrees not to assign rights or delegate duties under this Agreement or subcontract anypart of
the performance required under the Agreement without the express, written consent of the
State, which shall not be unreasonably withheld.
C.Binding Effect
Except as otherwise provided in §7.A, all provisions of this Contract, including the benefits
and burdens, shall extend to and be binding upon the Parties’ respective successors and
assigns.
D.Authority
Each Party represents and warrants to the other that the execution and delivery of this
Contract and the performance of such Party’s obligations have been duly authorized.
The Town/Local Agency warrants that it possesses the legal authority to enter into this
Agreement andthat it has taken all actions required by its procedures, by-laws, and/or
applicable law to exercisethat authority, and to lawfully authorize its undersigned signatory
to execute this Agreementand to bind the Local Agency to its terms. The person(s) executing
this Agreement onbehalf of the Local Agency warrants that such person(s) has full
authorization to execute thisAgreement.
E.Captionsand References
The captions and headings in this Contract are for convenience of reference only, and shall
not be used to interpret, define, or limit its provisions.All references in this Contract to
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sections (whether spelled out or using the § symbol), subsections, exhibits or other
attachments, are references to sections, subsections, exhibits or other attachments contained
herein or incorporated as a part hereof, unless otherwise noted.
F.Counterparts
This Contract may be executed in multiple, identical, original counterparts, each of which
shall be deemed to be an original, but all of which, taken together,shall constitute oneand
the sameagreement.
G.Entire Understanding
This Contract represents the complete integration of all understandings between the Parties
related to the Work,and all prior representations and understandingsrelated to the Work, oral
or written, are merged into this Contract.Prior or contemporaneous additions, deletions, or
other changes to this Contractshall not have any force or effect whatsoever, unless embodied
herein.
H.Digital Signatures
If any signatory signs this agreement using a digital signature in accordance with the
Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of
digital signatures issued under the State Fiscal Rules, then any agreement or consent to use
digital signatures within the electronic system through which that signatory signed shall be
incorporated into this Contract by reference.
I.Modification
Except as otherwiseprovided in this Contract, any modification tothis Contract shall only be
effective ifagreed to in a formal amendment to this Contract, properlyexecuted and approved
in accordance with applicable Colorado State law andState Fiscal Rules. Modifications
permitted under this Contract, other than contract amendments, shall conform to the policies
issuedby the Colorado State Controller.
This Agreement is subject to such modifications as may be required by changes in federal or
State law, or their implementing regulations. Any such required modification shall
automatically be incorporated into and be part of this Agreement on the effectivedate of such
change as if fully set forth herein. Except as provided above, no modification of this
Agreement shall be effective unless agreed to in writing by both Parties in an amendment to
this Agreement that is properly executed and approved in accordance with applicable law.
Either party may suggest renegotiation of the terms of this Agreement, provided that the
Agreement shall not be subject to renegotiation more often than annually, and that neither
party shall be required to renegotiate. If the Parties agree to change the provisions of this
Agreement, the renegotiated terms shall not be effective until this Agreement is
amended/modified accordingly in writing.
J.Statutes, Regulations, Fiscal Rules, and Other Authority.
Any reference in this Contract to a statute, regulation, State Fiscal Rule, fiscal policy or other
authority shall be interpreted to refer to such authority then current, as may have been
changed or amended since the Effective Date of this Contract.
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K.Severability
The invalidity or unenforceability of any provision of this Contractshall not affect the validity
or enforceability of any other provision of this Contract, which shall remain in full force and
effect, provided that the Parties can continue to perform their obligations under this Contract
in accordance with the intent of thisContract.
L.Survival of Certain Contract Terms
Any provision of this Contractthatimposes an obligationon a Partyafter termination or
expiration of theContractshall survive the termination or expiration of thisContractand
shall be enforceable by the other Party.
M.Taxes
The State is exempt from federal excise taxes under I.R.C.Chapter 32 (26 U.S.C., Subtitle
D, Ch. 32) (Federal Excise Tax Exemption Certificate of Registry No. 84-730123K) and from
State and local government sales and use taxes under §§39-26-704(1), et seq.,C.R.S.
(Colorado Sales Tax Exemption Identification Number 98-02565).The State shall not be
liable for the payment of anyexcise, sales, or use taxes, regardless of whether any political
subdivision of the state imposes such taxes on Town/Local Agency.Town/Local Agency
shallbe solely responsible for any exemptions from the collection of excise, sales or use taxes
that Town/Local Agency maywish to have in placein connection with this Contract.
N.Third Party Beneficiaries
Except for the Parties’ respective successors and assignsdescribed in §7.A, this Contractdoes
not and is not intended to confer any rights or remedies upon any person or entity other than
the Parties.Enforcement of this Contract and all rights and obligations hereunder are reserved
solely to the Parties. Any services or benefits which third parties receive as a result of this
Contract are incidental to thisContract, and do not create any rights for such third parties.
O.Waiver
A Party’s failure or delay in exercising any right, power, or privilege under this Contract,
whether explicitor by lack of enforcement,shall not operate as a waiver, nor shall any single
or partial exercise of any right, power, or privilege preclude any other or further exercise of
such right, power, or privilege.
P.CORA Disclosure
To the extent not prohibited by federal law, this Contract and the performance measures and
standards required under §24-106-107,C.R.S., if any, are subject to public release through
the CORA.
Q.Standard and Manner of Performance
Town/Local Agency shallperform its obligations under this Contract in accordance with the
highest standards of care, skill and diligence in Town/Local Agency ’s industry, trade, or
profession.
R.Licenses, Permits, and Other Authorizations.
Town/Local Agency shall secure,prior to the Effective Date,and maintain at all times during
the term of this Contract, at its sole expense, all licenses, certifications, permits, and other
authorizations required to perform its obligationsunder this Contract, and shall ensure that
all employees, agents andSubcontractors secure and maintain at all times during the termof
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their employment, agency or subcontract, all license, certifications, permitsand other
authorizations required to perform their obligations in relation to this Contract.
8.COLORADO SPECIAL PROVISIONS(COLORADO FISCAL RULE 3-3)
TheseSpecial Provisions apply to all contracts except where noted in italics.
A.STATUTORY APPROVAL. §24-30-202(1), C.R.S.
This Contract shall not be valid until it has been approved by the Colorado State Controller or
designee. If this Contract is for a Major Information Technology Project, as defined in §24-37.5-
102(2.6),C.R.S.;then this Contract shall not be valid until it has been approved by the State’s Chief
Information Officer or designee.
B.FUND AVAILABILITY. §24-30-202(5.5),C.R.S.
Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds
for that purpose being appropriated, budgeted, and otherwise made available.
C.GOVERNMENTAL IMMUNITY.
Liability for claims for injuries to persons or property arising from the negligence of the State, its
departments, boards, commissions committees, bureaus, offices, employees and officials shall be
controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101,
et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and
the State’s risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this
Contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities,
rights, benefits, protections, or other provisions, contained in these statutes.
D.INDEPENDENT TOWN/LOCAL AGENCY.
Town/Local Agencyshall perform its duties hereunder as an independent Town/Local Agency and
not as an employee. Neither Town/Local Agency norany agent or employee of Town/Local Agency
shallbe deemed to be an agent or employee of the State. Town/Local Agency shallnot have
authorization, express or implied, to bind the State to any agreement, liability or understanding, except
as expressly set forth herein. Town/Local Agency andits employees and agents are not entitled to
unemployment insurance or workers compensation benefits through the State and the State
shall not pay for or otherwise provide such coverage for Town/Local Agency orany of its agents
or employees. Town/Local Agency shallpay when due all applicable employment taxes and
income taxes and local head taxes incurred pursuant to this Contract. Town/Local Agency shall
(i) provide and keep in force workers' compensation and unemployment compensation
insurance in the amounts required by law, (ii) provide proof thereof when requested by the
State, and (iii) be solely responsible for its acts and those of its employees and agents.
E.COMPLIANCE WITH LAW.
Town/Local Agency shallcomply with all applicable federal and State laws, rules, and regulations in
effect or hereafter established, including, without limitation, laws applicable to discrimination and
unfair employment practices.
F.CHOICE OF LAW, JURISDICTION, AND VENUE.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation,
execution, and enforcement of this Contract. Any provision included or incorporated herein by
reference which conflicts with said laws, rules, and regulations shall be null and void. All suits or
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actions related to this Contract shall be filed and proceedings held in the State of Colorado and
exclusive venue shall be in the City and County of Denver.
G.PROHIBITED TERMS.
Any term included in this Contract that requires the State to indemnify or hold Town/Local Agency
harmless; requires the State to agree to binding arbitration; limits Town/Local Agency ’s liability for
damages resulting from death, bodily injury, or damage to tangible property; or that conflicts with
this provision in any way shall be void ab initio. Nothing in this Contract shall be construed as a
waiver of any provision of §24-106-109C.R.S.
H.SOFTWARE PIRACY PROHIBITION.
State or other public funds payable under this Contract shall not be used for the acquisition, operation,
or maintenance of computer software in violation of federal copyright laws or applicable licensing
restrictions. Town/Local Agency herebycertifies and warrants that, during the term of this Contract
and any extensions, Town/Local Agency hasand shall maintain in place appropriate systems and
controls to prevent such improper use of public funds. If the State determines that Town/Local Agency
isin violation of this provision, the State may exercise any remedy available at law or in equity or
under this Contract, including, without limitation, immediate termination of this Contract and any
remedy consistent with federal copyright laws or applicable licensing restrictions.
I.EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-
507, C.R.S.
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial
interest whatsoever in the service or property described in this Contract. Town/Local Agency hasno
interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or
degree with the performance of Town/Local Agency ’s services and Town/Local Agency shallnot
employ any person having such known interests.
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EXHIBIT A, STATEMENT OF WORK
This Exhibit A – Statement of Work is part of that certain Contract #24-HAA-XC-00058 by and between
the Town of Estes Park (“Contractor” or “Town”), and the State of Colorado acting by and through the
Colorado Department of Transportation (“State” or “CDOT”). This exhibit documents the Services to
be performed by Local Agency, including the Deliverables, the responsibility of the Parties, and how a
project will generally be managed. In the event of a conflict or inconsistency between the Contract and
its exhibits and attachments, such conflict or inconsistency shall be resolved in the manner specified on
the Cover Page of the main body of the Contract. Any references to defined terms that are not specifically
defined herein shall have the same meaning as those set forth in the Contract and its exhibits.
1.DEFINITIONS
The following list of terms shall be construed and interpreted as follows:
A.“Ace” or “Ace Express” means Ace Express Coaches, LLC, the State’s contracted operator for
the Bustang to Estes commuter services.
B.“Deliverable” means any tangible or intangible object produced by Contractor as a result of the
Work that is intended to be delivered to the State, regardless of whether the object is specifically
described or otherwise identified as a “Deliverable.”
C.“Bustang to Estes” means the limited seasonal recreational transportation service described in
Section 2.A and Section 2.B of this Exhibit A.
D.“Force Majeure” means if CDOT is prohibited or prevented, directly or indirectly, from
performing any of its obligations under this Contract by reason of weather-related issues,
avalanche, fire or other casualty, act of God, war, riot, strike, intervention by civil or military
government authorities, orders of the judiciary,or any other cause whatsoever beyond CDOT’s
control, as the case may be (any such event, a “Force Majeure Event”).
E.“Key Personnel” means the position or positions that are specifically designated as such in this
Exhibit A.
F.“Other Personnel” means individuals and Subcontractors, in addition to Key Personnel,
assigned to positions to complete tasks associated with the Work.
2.PROJECT OVERVIEW
A.INTRODUCTION
i.The Colorado Department of Transportation (CDOT) is entering into this agreement with
Contractor to provide limited seasonal recreational transportation services to the Estes Park
Visitor Center, which is located in Larimer County, Colorado at 500 Big Thompson
Avenue, Estes Park, CO 80517.
Exhibit A Page 1 of 4
Contract Number: 24-HAA-XC-00058
OLA Number: 331003343
ii.CDOT will provide forty-one (41) days of transportation between Rocky Mountain
National Park and Denver, including service to the Estes Park Visitor Center, beginning
Saturday, May 25, 2024. The forty-one (41) days of transportation will consist of operating
on Saturdays and Sundays for thirty-eight (38) weekend days through Sunday, September
29, 2024. CDOT will also operate on two (2) Mondays: Memorial Day - May 27, 2024,
and Labor Day - September 2, 2024, and one (1) Wednesday*, Juneteenth - June 19, 2024.
Each day of transportation will consist of two round trips operated with two separate buses.
*Juneteenth – Wednesday, June 19, 2004, will operate only one (1) round trip*
B.SCOPE
i.Each day of transportation service will consist of two (2) round trips, with both trips
arriving in Estes Park in the morning and both trips departing Estes Park in the afternoon.
*Juneteenth – Wednesday, June 19, 2004, will operate only one (1) round trip*
ii.Days of Service:CDOT will provide forty-one (41) days of transportation service to the Estes
Park Visitor Center on Saturdays, Sundays, two (2) Mondays and one (1) Wednesday,
excluding any Force Majeure Events.
iii.Service is expected to begin on Saturday, May 25, 2024, with the last trip taking place on
Sunday, September 29, 2024.
iv. Operating Mondays: Memorial Day - May 27, 2024, and Labor Day – September 2, 2024.
v.Operating Wednesday: Juneteenth – June 19, 2024.
vi.Stops: Service will originate at Denver Union Station and terminate within Rocky Mountain
National Park at the Bear Lake Road Park & Ride, with intermediate stops at US 36 and
Sheridan Station in Westminster, US 36 and Broomfield Station, US 36 and McCaslin
Station, Boulder Junction at Depot Square Station, Lyons Park-n-Ride, and the Estes Park
Visitor Center.
C.FARES
i.CDOT shall be responsible for online ticketing and fare payment processing, and tickets must
be purchased via RideBustang.com, mobile app, or webpage.
ii.Fare revenue shall be retained by CDOT to offset the cost of providing the transportation
services described in this Exhibit A.
iii.CDOT shall not sell fares for passenger trips taking place entirely between the Estes Park
Visitor Center and Rocky Mountain National Park.
iv.Adult round-trip guaranteed seat fare is $15.00 per seat.
Exhibit A Page 2 of 4
Contract Number: 24-HAA-XC-00058
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v.Senior (at least 65 years old), Disability, and Student round-trip guaranteed seat fare is
discounted 25% from the full adult fare, or $11.25 per seat.
vi.Child (2 to 12 years old) round-trip guaranteed seat fare is $5.00 per seat.
vii.Passengers purchasing fares with the student discount must present valid, unexpired student
identification issued by a K-12 school, college, or university prior to boarding.
D.ACCESS TO CONTRACTOR’S PROPERTY
i.Contractor shall permit CDOT’s buses to access Contractor’s properties for the purposes of
dropping off and picking up passengers.
ii.Contractor shall designate a bus stop location on its property, which shall be at a safe, ADA
accessible and convenient location with easy access for guests.
iii.Contractor shall provide for one (1) reserved ACE Express Coaches, LLC support vehicle
parking space at the Estes Park Visitor Center Parking Garage located at 691 N. St Vrain
Avenue on the days of transportation service listed in Section 2.B. The ACE Express
Coaches, LLC support vehicle will fit within a single standard passenger vehicle parking
stall.
iv.Contractor shall permit driver and passenger use of restroom facilities at the Estes Park
Visitor Center.
v.Contractor shall permit Bustang to Estes passenger parking at the Estes Park Visitor Center
Parking Garage.
E.INSURANCE
i.CDOT’s Bustang operator, Ace Express Coaches, LLC, will provide the Federal Motor
Carrier Safety Administration (FMCSA) minimum auto liability per occurrence of
$5,000,000, and will name Town of Estes Park as an Additional Insured.
3.CONTRACTOR’S OTHER RESPONSIBILITIES
In addition to the responsibilities named elsewhere in this Exhibit A, Contractor shall be
responsible for the following list of items:
A.Contractor shall work cooperatively with CDOT staff and, if applicable, the staff of other State
contractors to ensure the completion of the Work identified in this Exhibit A. CDOT may, in its
sole discretion, use other contractors to perform activities related to the Work that are not
contained in the Contract or to perform any of CDOT’s responsibilities. In the event of a conflict
between Contractor and any other State contractor, CDOT will resolve the conflict and
Contractor shall abide by the resolution provided by CDOT.
Exhibit A Page 3 of 4
Contract Number: 24-HAA-XC-00058
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B.Contractor shall use and disseminate marketing materials prepared by CDOT’s marketing
contractor, Amelie Company, to advertise the Bustang to Estesservice to Contractor’s
community with the goal of increasing awareness and ridership.
C.Contractor shall create a weblink to CDOT’s RideBustang.comon the Town’s website.
D.Contractorshall install at least one (1) Bustang to Estes bus stop sign at the designated bus stop
location prior to the first day of transportation service and continuing through the last day of
transportation service.
E.Contractorshall provide qualified Key Personnel and Other Personnel as necessary to perform
the Work throughout the term of the Contract. Contractor shall provide CDOT with a final list of
all Key Personnel and Other Personnel assigned to the Contract and appropriate contact
information for those individuals. Contractor shall designate qualified people to hold the
following Key Personnel position(s): Project Manager.
F.Contractorshall ensure Key Personnel and Other Personnel assigned to the Contract are available
for meetings with CDOT during CDOT’s normal business hours, as determined by CDOT.
Contractor shall also make these personnel available outside of CDOT’s normal businesshours
and on weekends with prior notice from CDOT.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
Exhibit APage 4of 4
PUBLIC WORKS
Memo
To: H
onorable Mayor Hall
Board of Trustees
Through: Town Administrator Machalek
From: Trevor Wittwer, EIT, Civil Engineer
Jeff Bailey, PE, Town Engineer
Date: May 14, 2024
RE: Resolution 46-24 Contract for the 2024 Overlay & Patching Program with
Coulson Excavating Company, Inc.
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Public Worksstaff seek Town Board approval of Resolution 46-24 for the construction
contract with Coulson Excavating Company, Inc. (Coulson) for the 2024 Overlay&
Patching Program for the repaving of multiple roads in the Town of Estes Park.
Present Situation:
On February 27, 2024, Public Works staff presented a plan to maintain the condition of
Town streets at an overall system-wide Pavement Condition Index (PCI) of 80. To
effectively implement this plan, we need to hire a contractor to begin the 2024 Overlay &
Patching Program.
On March 21, 2024, Public Works advertised an Invitation to Bid for the 2024 Overlay&
Patching Program for the Town of Estes Park. This is an annual program.
After three weeks of advertising, fourbids were received on April 11, 2024. The
following table contains the bids for each company, and the Engineer’s Estimate:
COMPANYCITY TOTAL FEE
Martin Marietta Materials, Inc. Fort Collins, CO$1,141,847.75
Coulson Excavating Co., Inc. Loveland, CO $1,174,256.75
All Pro PavementLoveland, CO $1,264,038.50
Simon Contractors Fort Collins, CO$1,389,785.69
Engineer’s Estimate$1,137,643.00
The apparent low bidder was Martin Marietta; however, Public Works staff intend to
award the contract to the next bidder, Coulson. This is due to staff’s dissatisfaction with
Martin Marietta’s performance and management during the 2023 contract work.
Proposal:
Public Worksstaffpropose approvingthe construction agreementfor the 2024 Overlay
& Patching Program with Coulson Excavating Company, Inc. in the amount of
$1,174,256.75.
Advantages:
Rehabilitation of multiple roads in Estes Park, includinga portion of West Elkhorn
Avenue
Utilization of 1A sales tax funds to improve Estes Park streets, which moves
forward the 2024 Street Improvement Program (STIP)
Disadvantages:
Disruption of traffic and parking in the proposed work areas may occur; however,
holiday weekends and local events have been identified as non-working days.
Funds could be used for other purposes; however, this usage is in line withthe
proposed 2024 STIP Program and Resolution 04-19.
Action Recommended:
Public Works staff recommend approvingthe construction contract with Coulsonin the
amount of $1,174,256.75.
Finance/Resource Impact:
This project will be funded from the Street Improvement Fund account numbers 260-
2000-420.35-51, 260-2000-420.35-52, and 260-2000-420.25-20.
Level of Public Interest
Public interest on this project is expected to be moderate tohigh.
Sample Motion:
I move for approval/denial of Resolution 46-24.
Attachments:
Resolution 46-24
2024 Overlay & Patching Contract – Coulson Excavating
RESOLUTION 46-24
APPROVING A CONTRACTWITHCOULSON EXCAVATING COMPANY, INC.
FOR THE 2024 OVERLAY & PATCHING PROGRAM
WHEREAS,the Town Board wishes to enter a construction contractreferenced in
the title of this resolution for overlay and patching.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
T
he Board approves, and authorizes the Mayor to sign, the construction contract
referenced in the title of this resolution in substantially the form now before the Board.
The maximum expenditure amount is $1,174,256.75 for this construction project.
DATEDthis day of , 2024.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
PUBLIC WORKS
Memo
To: H
onorable Mayor Hall
Board of Trustees
Through: Town Administrator Machalek
From: Trevor Wittwer, EIT, Civil Engineer
Greg Muhonen, PE, Public Works Director
Date: May 14, 2024
RE: Resolution 47-24 Contract with Dietzler Construction Corporation for
Graves Avenue Safe Routes to School Improvements Project
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Public Worksstaff seek Town Board approval of Resolution 47-24 for the construction
contract with Dietzler Construction Corporation (Dietzler) for the Graves Avenue Safe
Routes to School Improvements Project (Graves SRTS).
Present Situation:
Graves Avenue does not currently have sidewalks or trails along its entirety to connect
Colorado Highway 7 (CO 7) to Community Drive. Federal funding was awarded for this
project back in 2019 through the SRTSProgram. Graves Avenue is a central location to
provide a safe route for pedestrians to travel from the busy CO 7 corridor to public
amenities such as the Estes Park schools and the Estes Valley Community Center.
After three weeks of advertising, twobids werereceived and opened on March 21,
2024.
The following table contains the project budget and bid summary.
COMPANYCITY TOTAL FEE
Engineer’s Estimate Estes Park, CO $932,980.75
Dietzler Construction Corporation Berthoud, CO $1,187,050.48
Mountain Constructors Inc.Platteville, CO $1,371,075.00
Public Works Engineering staff have confirmed the contractor’sproduction capabilities
and their experience performing projects of similar cost and complexity in Colorado.
Proposal:
Public Works staff propose approval of the construction agreement with Dietzler
Construction Corporationfor theGraves Avenue SRTS Improvements Project.
Advantages:
Provides a safe and accessible route for pedestrians to walk to the school and
community center from CO 7.
Disadvantages:
Disruption of vehicular and pedestrian traffic in the proposed work area during
constructionmay occur; however, this work canbe completedprior to the fall
start date of the 2024-2025 school year.
Action Recommended:
Public Works staff recommend approving the attached construction contract with
Dietzler Construction Corporation in the amount of $1,187,050.48.
Finance/Resource Impact:
The Town previously budgeted $1,189,473 for design and construction. Approximately
$270,000 has been spent on design and easement acquisition, leaving a remaining
balance of $919,473. An additional $319,000 from the 1A sales tax renewal for trails
expansion has been budgeted to cover the increased costs. This project is funded
through Trails Expansion 240-3400-434.35-60 and CRF 204-5400-544.35-60 at a
combined total of $1,238,473.
Level of Public Interest
Interest inthis project is modest in the community, but minimal interest has been
received regarding this proposed work from the school district and adjacent property
owners.
Sample Motion:
I move for approval/denial of Resolution47-24.
Attachments:
1. Resolution 47-24
2. Graves SRTS Contract – Dietzler Construction Corporation
RESOLUTION 47-24
APPROVING A CONTRACTWITHDIETZLER CONSTRUCTION CORPORATION
FOR GRAVES AVENUE SAFE ROUTES TO SCHOOL IMPROVEMENTS
WHEREAS, the Town Board wishes to enter a construction contract referenced in
the title of this resolution for construction of sidewalks along Graves Avenue.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board approves, and authorizes the Mayor to sign, the construction contract
referenced in the title of this resolution in substantially the form now before the Board.
The maximum expenditure amount is $1,187,050.48 for this construction project.
DATED this day of , 2024.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
TOWN CLERK’S OFFICE
Memo
To: H
onorable Mayor Hall
Board of Trustees
Through: Town Administrator Machalek
From: Jackie Williamson, Town Clerk
Date: May 14, 2024
RE: Interview Committee for the Estes Park Planning Commission
(Mark all that apply)
PUBLIC HEARINGORDINANCELAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER Committee
QUASI-JUDICIAL YES NO
Objective:
To appoint Town Board Members to the interview committee for vacancies on the Estes
Park Planning Commission.
Present Situation:
The Estes Park Planning Commission consists of five-members and the Commission
currently has two vacancies. The Town Clerk’s Office has advertised the openings and
has received three applications as of the date of this memo.
Proposal:
Policy 101 Section 6 states all applicants for Town Committees/Boards are to be
interviewed by the Town Board, or its designee. Any designee will be appointed by the
Town Board. Therefore, two members of the Board would interview all interested
applicants for the commission positions.
Advantages:
To move the process forward and allow interviews to be conducted of interested
applicants.
Disadvantages:
None.
Action Recommended:
To appoint two Town Board membersto the interview committee.
Finance/Resource Impact:
None.
Level of Public Interest
Low.
Sample Motion:
I move to approve/deny the appointment of Trustees __________ and ___________ to
the Estes Park Planning Commission interview committee.
Attachments:
None.