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HomeMy WebLinkAboutPACKET Town Board 2020-01-14The Mission of the Town of Estes Park is to provide high-quality, reliable services for the benefit of our citizens, guests, and employees, while being good stewards of public resources and our natural setting. The Town of Estes Park will make reasonable accommodations for access to Town services, programs, and activities and special communication arrangements for persons with disabilities. Please call (970) 577-4777. TDD available. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, January 14, 2020 7:00 p.m. PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). AGENDA APPROVAL. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. CONSENT AGENDA: 1. Bills. 2. Town Board Minutes dated December 10, 2019. 3. Resolution 01-20 Public Posting Area Designation. 4. Resolution 02-20 Setting a Public Hearing date of January 28, 2020 for a Change of Location for a Hotel & Restaurant Liquor License held by Twin Owls Inc. dba The Twin Owls Steakhouse from 800 MacGregor Ave to 3110 South St. Vrain Ave, Estes Park, CO 80517. 5. Resolution 03-20 Setting a Public Hearing date of January 28, 2020 for a New Hotel and Restaurant Liquor License filed by Black Canyon Catering, Inc., dba The Homestead, 800 MacGregor Ave, Estes Park, CO 80517. 6. Resolution 04-20 Setting a Public Hearing date of January 28, 2020 for a New Hotel and Restaurant Liquor License for Way Finder Inc. dba Way Finder, 900 Moraine Ave. Unit 301, Estes Park, CO 80517. 7. Resolution 05-20 Setting a Public Hearing date of January 28, 2020 for a New Tavern Liquor License for Estes Park Post No. 119, American Legion dba Estes Park Post No. 119, American Legion, 850 North Saint Vrain Ave, Estes Park, CO 80517. ACTION ITEMS: 1. RESOLUTION 06-20 – 2020 SUPPLEMENTAL BUDGET APPROPRIATIONS. Director Hudson. Amend budget for contracted building inspection services. 2. RESOLUTION 07-20 – 2020 SUPPLEMENTAL BUDGET APPROPRIATIONS. Director Hudson. Formation of Parking Services Fund to implement paid parking. Prepared 01-03-2020 *Revised 1 1 NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 3. REVISIONS TO THE INTERGOVERNMENTAL AGREEMENTS WITH THE ESTES VALLEY LIBRARY DISTRICT. Director Hudson. Approve amended intergovernmental agreements between the Town and the Library District for accounting services and employee benefit participation. 4. PROFESSIONAL SERVICES CONTRACT WITH SAFEBUILT COLORADO, LLC FOR BUILDING SAFETY SERVICES, 2020. Director Hunt. Review building safety services for 2020. 5. PROFESSIONAL SERVICES CONTRACT WITH THE CAR PARK FOR MANAGEMENT OF THE TOWN’S PUBLIC PARKING FACILITIES. Manager Solesbee and Director Muhonen. Contract with The Car Park to manage free and paid parking in Estes Park as outlined in Ordinance 30-19 and Resolution 37-19. REPORTS AND DISCUSSION ITEMS: 1. LAND USE PLANNING IGA WITH LARIMER COUNTY. Town Administrator Machalek. Discussion of Board direction in pursuing Land Use Planning IGA options. ADJOURN. 2 2 Town of Estes Park, Larimer County, Colorado, December 10, 2019 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 10th day of December, 2019. Present: Ron Norris, Mayor Pro Tem Trustees Carlie Bangs Eric Blackhurst Marie Cenac Patrick Martchink Ken Zornes Also Present: Travis Machalek, Town Administrator Dan Kramer, Town Attorney Kimberly Disney, Recording Secretary Absent: Todd Jirsa, Mayor Mayor Pro Tem Norris called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. AGENDA APPROVAL. It was moved and seconded (Martchink/Cenac) to approve the Agenda, and it passed unanimously. PUBLIC COMMENTS. None. TOWN BOARD COMMENTS Trustee Blackhurst stated the Citizens Police Academy would be held January 27, 2020 to February 27, 2020 and encouraged interested citizens to attend. Trustee Cenac attended the National Final Rodeo in Las Vegas and thanked Rooftop Rodeo Chairman Mark Purdy for his leadership on the rodeo. Mayor Pro Tem Norris stated work on the Intergovernmental Agreement with Larimer County continues to progress with an update expected in January 2020. On December 19, 2019, Mayor Pro Tem Norris and Town Administrator Machalek would attend the Fourth Quarter Regional Elected Officials meeting where regional housing issue would be discussed. TOWN ADMINISTRATOR REPORT. Town Administrator Machalek stated the Larimer County Child Care Steering Committee met and continued work on a county wide child care strategic plan. As the Study Session was cancelled, Town Administrator Machalek stated the Downtown Estes Loop Quarterly Update would be January 14, 2020 and the Facilities Master Plan would be February 11, 2020. Trustee Bangs arrived at 7:07 p.m. CONSENT AGENDA: 1. Bills. 2. Town Board Minutes dated December 2, 2019 and Town Board Study Session Minutes dated December 2, 2019. 3. Estes Valley Board of Adjustment Minutes dated October 1, 2019 (Acknowledgement Only).DRAFT3 3 Board of Trustees – December 10, 2019 – Page 2 4. Transportation Advisory Board Minutes dated October 16, 2019 (Acknowledgement Only). 5. Parks Advisory Board Minutes dated September 19, 2019 (Acknowledgement Only). 6. Acknowledging receipt of Platte River Power Authority Resolution 07-19 and Revised Board Policy 101, Division of Responsibilities. 7. Estes Park Board of Appeals Reappointment of Amy Plummer for a term expiring December 31, 2024. 8. Estes Valley Planning Commission Appointment of Matthew Comstock for a term expiring December 31, 2022. 9. Local Marketing District Board Reappointment of Todd Jirsa for a term expiring April 28, 2020. It was moved and seconded (Blackhurst/Zornes) to approve the Consent Agenda, and it passed unanimously. REPORTS & DISCUSSION ITEMS: (Outside Entities). 1. 100 YEARS: A CELEBRATION OF WOMEN COMMITTEE UPDATE. Jean McGuire and Kent Smith presented an update on the 100 Years: A Celebration of Women Committee. They highlighted the history of Women’s Suffrage, stakeholders in the celebration, planned events, and additional ideas being planned including the 100 Years: 100 Women project. Trustees requested clarification on the 100 Years: 100 Women project and discussed fundraising. ACTION ITEMS: 1. RESOULTION 45-19 SUPPLEMENTAL BUDGET APPROPRIATIONS. Mayor Pro Tem Norris opened the public hearing and Director Hudson presented Resolution 45-19 to amend the 2019 Budget for additional projects and activities not included in the original budget. The supplemental budget appropriations includes fund appropriation for the 2019 Power and Communications Fund Revenue Bond (Broadband financing) and other final year amendments including increases to the General Fund, Emergency Response Fund, Community Center Fund, and Fleet Maintenance Fund. Mayor Pro Tem Norris closed the public hearing and it was moved and seconded (Cenac/Bangs) to approve Resolution 45-19, and it passed unanimously. 2. RESOLUTION 46-19 SUPPORTING THE GRANT APPLICATION FOR A LOCAL PARKS AND OUTDOOR RECREATION GRANT FROM THE STATE BOARD OF THE GREAT OUTDOORS COLORADO (GOCO) TRUST FUND AND THE COMPLETION OF THE THUMB OPEN SPACE. Town Administrator Machalek presented Resolution 46-19 supporting the GOCO grant application for the Thumb Open Space. He provided background on the land to be included in the open space and the application process, and highlighted budget implications, creation of a management plan, and public input. Trustees discussed the timeline and obligation of accepting the grant should it be awarded to the town, the timeline of implementing a management plan and useage limitations, closing date on the property, risk assessment and mitigation, stakeholders, recreational uses in residential zoning districts, and current conservation easements. Jeanne Allen/Town citizen, Larry Allen/Town citizen, and Angie Kochlar/County citizen spoke against the Thumb Open Space regarding traffic congestion, increased activity levels, inacting a management plan prior to acquisition, budgetary constraints of maintenance and enforcement, infrastructure needs, potential use of drones, limited oversight, privacy, access for first responders, trespassing on private property, and clear signage. DRAFT4 4 Board of Trustees – December 10, 2019 – Page 3 Mark Purdy/Town citizen, Mike Caldwell/Town citizen, Ben Ferree/County citizen, Steve Johnson/County citizen, Easton Warren/Town citizen, Nathan Welton/County citizen, Rannveig Aamodt/County citizen, Dustin Dyer/Town citizen, Bronson MacDonald/County citizen, Zack Zehr/Town citizen, Carson Zehr/Town citizen, Daniel Crist/County citizen, Josh Wharton/County citizen, Jesse Dunn/Town citizen, and Russell Hunter/Town citizen spoke in favor of the Thumb Open Space regarding historical significance of area, family recreation, partnership with The Access Fund and other stakeholders, uniqueness of the area, education, proximity to Rocky Mountain National Park, conservation, and stewardship. It was moved and seconded (Martchink/Cenac) to approve Resolution 46-19, and it passed with Trustee Blackhurst voting “no”. 3. RESOLUTION 47-19 SETTING THE APRIL 7, 2020 MUNICIPAL ELECTION. Town Clerk Williamson provided results of the December 10, 2019 Special Election. She presented Resolution 47-19 setting the regular Municipal Election for April 7, 2020 and assigning the Town Clerk as the Designated Election Official (DEO) for the election. It was moved and seconded (Blackhurst/Zornes) to approve Resolution 47-19, and it passed unanimously. 4. ORDINANCE 33-19 AUTHORIZING THE TOWN OF ESTES PARK TO LEASE A PORTION OF STANLEY PARK TO THE ESTES VALLEY RECREATION AND PARK DISTRICT (EVRPD). Mayor Pro Tem Norris opened the public hearing and Town Administrator Machalek presented Ordinance 33-19. The Town currently leases approximately 27 acres of Stanley Park to EVRPD for construction, maintenance, and operation of recreation facilities. The proposed lease would be a 10-year term and includes provisions related to use as stated in the F.O. Stanley Deed. Trustees requested clarification of included land in the lease and Mayor Pro Tem Norris closed the public hearing. It was moved and seconded (Zornes/Bangs) to approve Ordinance 33-19, and it passed unanimously. Whereupon Mayor Jirsa adjourned the meeting at 8:57 p.m. Todd Jirsa, Mayor Kimberly Disney, Recording Secretary DRAFT5 5       6 6 RESOLUTION 01-20 PUBLIC POSTING AREA DESIGNATION WHEREAS, Section 24-6-402(2)(c)(I) of the “Colorado Sunshine Act of 1972” as amended, requires a municipality to designate a public place to post notices of its meetings, and WHEREAS, House Bill 19-1087 amended Section 24-6-402(2)(c)(II) to transition from posting physical notices of public meetings in physical locations to posting notices on a website, social media account, or other official online presence, and WHEREAS, pursuant to subsection 24-6-402(2)(c)(III) if exigent or emergency circumstances prevent the online posting at such location, public notice shall be physically posted outside of Room 150 in Estes Park Town Hall, and WHEREAS, as a courtesy for the citizens and visitors of the Town, notices will continue to be posted in Town Hall. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: 1. That www.estes.org/boardsandmeetings of the Town’s website and the lobby area immediately adjacent to Room 150 in Estes Park Town Hall, located at 170 MacGregor Avenue, Estes Park, Colorado, is hereby designated as the Public Place for Posting Notices of Town Meetings. DATED this day of , 2020. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney 7 7       8 8 RESOLUTION 02-20 SETTING THE PUBLIC HEARING FOR A CHANGE OF LOCATION OF A HOTEL & RESTAURANT LIQOUR LICENSE APPLICATION FOR TWIN OWLS INC. DBA THE TWIN OWLS STEAKHOUSE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the filing date of the application for a Change of Location for a Hotel & Restaurant Liquor License, filed by Twin Owls Inc. dba The Twin Owls Steakhouse, from 800 MacGregor Avenue, Estes Park, Colorado, to 3110 South St. Vrain Avenue, Estes Park, Colorado, is December 5, 2019. It is hereby ordered that a public hearing on said application shall be held in the Board Room of the Municipal Building, 170 MacGregor Avenue, on Tuesday, January 28, 2020, at 7:00 P.M., and that the neighborhood boundaries for the purpose of said application and hearing shall be the area included within a radius of 4.60 miles, as measured from the center of the applicant's property. DATED this day of , 2020. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney 9 9       10 10 RESOLUTION 03-20 SETTING THE PUBLIC HEARING FOR A NEW HOTEL & RESTAURANT LIQUOR LICENSE APPLICATION FOR BLACK CANYON CATERING, INC., DBA THE HOMESTEAD BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the filing date of the application for a New Hotel & Restaurant Liquor License, filed by Black Canyon Catering, Inc., dba The Homestead, 800 MacGregor Avenue, Estes Park, Colorado, is December 31, 2019. It is hereby ordered that a public hearing on said application shall be January 28, 2020, at 7:00 P.M., and that the neighborhood boundaries for the purpose of said application and hearing shall be the area included within a radius of 4.60 miles, as measured from the center of the applicant's property. DATED this day of , 2020. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney 11 11       12 12 RESOLUTION 04-20 SETTING THE PUBLIC HEARING FOR A NEW HOTEL & RESTAURANT LIQOUR LICENSE APPLICATION FOR WAY FINDER INC DBA WAY FINDER BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the filing date of the application for a New Hotel & Restaurant Liquor License, filed by Way Finder Inc. dba Way Finder, 900 Moraine Avenue, Unit 301, Estes Park, Colorado, is December 20, 2019. It is hereby ordered that a public hearing on said application shall be January 28, 2020, at 7:00 P.M., and that the neighborhood boundaries for the purpose of said application and hearing shall be the area included within a radius of 4.7 miles, as measured from the center of the applicant's property. DATED this day of , 2020. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney 13 13       14 14 RESOLUTION 05-20 SETTING THE PUBLIC HEARING FOR A NEW TAVERN LIQOUR LICENSE APPLICATION FOR ESTES PARK POST NO. 119, AMERICAN LEGION DBA ESTES PARK POST NO. 119, AMERICAN LEGION BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the filing date of the application for a New Tavern Liquor License, filed by Estes Park Post No. 119, American Legion dba Estes Park Post No. 119, American Legion, 850 North Saint Vrain, Estes Park, Colorado, is December 6, 2019. It is hereby ordered that a public hearing on said application shall be January 28, 2020, at 7:00 P.M., and that the neighborhood boundaries for the purpose of said application and hearing shall be the area included within a radius of 4.7 miles, as measured from the center of the applicant's property. DATED this day of , 2020. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney 15 15       16 16 FINANCE DEPARTMENT Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Machalek From: Finance Director Hudson Date: January 14, 2020 RE: Resolution 06-20 – 2020 Supplemental Budget Appropriations (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Amend the 2020 budget to reflect changes needed to contract with SafeBuilt to provide building inspection services in lieu of hiring Town staff to perform these services as detailed below. Present Situation: The following summarizes the proposed changes by Fund. General Fund: Decrease $1,440 The net impact of converting the Building Safety Division of the Community Development Department to a contracted service results in a very minor reduction of appropriations and reallocation of the vehicles currently used within the Division. Personnel costs appropriated within the Building Safety Division are reduced and the contracted services line item is increased to cover this new arrangement. Two vehicles were appropriated within the Building Safety Division and will no longer be necessary since the contractor will use their own vehicles. The 2016 Subaru Forester will be transferred to the Planning Division of the Community Development Department and the 2014 Ford Explorer will be transferred to the Police Department. The net effect of these changes is a reduction in the General Fund appropriations of $1,440. Proposal: To complete these items, the moneys must be appropriated within the proper funds. The attached budget resolution provides for the required appropriations. 17 17 Advantages: This amendment will allow the Building Safety Division operations to be contracted out in a more cost efficient manner than paying for temporary contracted services to cover the personnel vacancies experienced for much of 2019. This transition is largely cost neutral as indicated by the very small impact to the overall General Fund budget. Disadvantages: No significant disadvantages have been identified. Action Recommended: Staff recommends approval of the supplemental budget resolution as presented. Finance/Resource Impact: After reflecting these changes, the General Fund is projected to end 2020 with a 29.9% fund balance. Each fund is expected to end 2020 with a positive fund balance as well. Level of Public Interest The amount of public interest in these amendments is expected to be minimal. No communication from the public has been received regarding these amendments. Sample Motion: I move for the approval/denial of Resolution 06-20 Supplemental Budget Appropriations to the 2020 Budget. Attachments: Attachment A – Resolution 06-20 Supplemental Budget Appropriations to the 2020 Budget Attachment B – Recap of proposed Budget Amendments and supporting schedules 18 18 RESOLUTION 06-20 SUPPLEMENTAL BUDGET APPROPRIATIONS TO THE 2020 BUDGET WHEREAS, the Board of Trustees of the Town of Estes Park has adopted the 2020 annual budget in accordance with the Local Government Budget Law on November 26th, 2019; and WHEREAS, additional projects and activities have been identified that were not known or included in 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 be decreased by $1,440 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 Appropriations Amendment Amended Appropriations 101 General Fund 22,891,816 (1,440) 22,890,376 204 Community Reinvestment Fund 4,132,333 0 4,132,333 211 Conservation Trust Fund 31,678 0 31,678 220 Larimer County Open Space Fund 596,027 0 596,027 236 Emergency Response System Fund 51,544 0 51,544 238 Community Center Fund 837,327 0 837,327 244 Trails Fund 930,419 0 930,419 260 Street Fund 2,063,935 0 2,063,935 502 Power and Communications Fund 20,829,385 0 20,829,385 503 Water Fund 7,383,764 0 7,383,764 606 Medical Insurance Fund 2,493,000 0 2,493,000 612 Fleet Maintenance Fund 858,541 0 858,541 625 Information Technology Fund 879,656 0 879,656 635 Vehicle Replacement Fund 176,450 0 176,450 645 Risk Management Fund 307,344 0 307,344 Total All Funds 64,463,219 (1,440) 64,461,779 19 19 DATED this day of , 2020. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney 20 20 TOWN OF ESTES PARKBUDGET RECAP BY FUNDFOR YEAR ENDED 12-31-2020BUDGET AMENDMENT #1101204211220236238244260GENERAL FUNDCOMMUNITY REINVESTMENT CONSERVATION TRUSTLARIMER COUNTY OPEN SPACEEMERGENCY RESPONSECOMMUNITY CENTERTRAILSSTREETRevenues$22,232,893 $4,134,333$32,300$660,500$83,983$837,327$921,263 $2,049,585Expenses22,890,376 4,132,33331,678596,02751,544837,327930,419 2,063,935Net(657,483)2,00062264,47332,4390(9,156)(14,350)Estimated Beginning Fund Balance, 1/1/206,693,637071,227107,906112,27419,94819,581583,022Estimated Ending Fund Balance, 12/31/20$6,036,154$2,000$71,849$172,379$144,713$19,948$10,425$568,672Budgeted Reserves Thumb Open Space Reserve- - 70,000 171,700 - - - - Pkg Garage Maint Reserve 101-1700-417-37-9924,000 - - - - - - - Nonspendable Prepaid Fund Bal & Restr Donations122,000 - - - - - - - Policy 660 Fund Balance Reserves4,921,230 - - - - - - - Total Reserved Fund Balance5,067,230 - 70,000 171,700 - - - - Unreserved Budgetary Fund Balance$968,924$2,000$1,849$679$144,713$19,948$10,425$568,672502503606612625635645POWER AND COMMUNICATIONS WATERMEDICAL INSURANCE FLEETINFORMATION TECHNOLOGYVEHICLE REPLACEMENTRISK MANAGEMENT TOTALRevenues, As Amended$18,561,873 $7,176,626 $2,489,578$507,766$898,729$478,889$307,344$61,372,989Expenses, As Amended20,829,385 7,383,764 2,493,000858,541879,656176,450307,344 64,461,779Net(2,267,512)(207,138)(3,422)(350,775)19,073302,4390 (3,088,790)Estimated Beginning Fund Balance, 1/1/209,964,903 3,457,358 1,292,794 452,902 266,053 245,056 0 23,286,661Estimated Ending Fund Balance, 12/31/20$7,697,391 $3,250,220 $1,289,372$102,127$285,126$547,495$0 $20,197,871Budgeted Reserves Thumb Open Space Reserve- - - - - - - 241,700 Pkg Garage Maint Reserve 101-1700-417-37-99- - - - - - - 24,000 Nonspendable Prepaid Fund Bal & Restr Donations- - - - - - - 122,000 Equipment Reserve1,651,484 505,590 - - - 547,495 - 2,704,569 Policy 660 Fund Balance Reserves4,786,096 - 930,376 85,854 200,000 - - 10,923,556 Total Reserved Fund Balance6,437,580 505,590 930,376 85,854 200,000 547,495 - 14,015,825 Unreserved Budgetary Fund Balance1,259,811 2,744,630 358,996 16,273 85,126 - - 6,182,046 Attachment B2121 TOWN OF ESTES PARK SUMMARY OF ANTICIPATED REVENUE FOR YEAR ENDED 12-31-2020 BUDGET AMENDMENT #1 Fund/Dept Fund Name 2020 Original Amendment 2020 Amended 101 GENERAL FUND 22,135,893 97,000 22,232,893 204 COMMUNITY REINVESTMENT 4,134,333 - 4,134,333 211 CONSERVATION TRUST 32,300 - 32,300 220 LARIMER COUNTY OPEN SPACE 660,500 - 660,500 236 EMERGENCY RESPONSE 83,983 - 83,983 238 COMMUNITY CENTER 837,327 - 837,327 244 TRAILS 921,263 - 921,263 260 STREET 2,049,585 - 2,049,585 502 POWER AND COMMUNICATIONS 18,561,873 - 18,561,873 503 WATER 7,176,626 - 7,176,626 606 MEDICAL INSURANCE 2,489,578 - 2,489,578 612 FLEET 507,766 - 507,766 625 INFORMATION TECHNOLOGY 898,729 - 898,729 635 VEHICLE REPLACEMENT 478,889 - 478,889 645 RISK MANAGEMENT 307,344 - 307,344 TOTAL 61,275,989 97,000 61,372,989 Attachment B 22 22 TOWN OF ESTES PARK SUMMARY OF APPROPRIATIONS FOR YEAR ENDED 12-31-2020 BUDGET AMENDMENT #1 Fund/Dept Fund Name 2020 Original Amendment 2020 Amended 101 GENERAL FUND 101-1100 Legislative 345,792 - 345,792 101-1190 Town Attorney 338,847 - 338,847 101-1200 Judicial 76,187 - 76,187 101-1300 Town Administrator's Office 370,082 - 370,082 101-1400 Town Clerk's Office 347,940 - 347,940 101-1500 Finance 579,008 - 579,008 101-1600 Com Dev ( Planning) 828,664 6,547 835,211 101-1700 Facilities 1,108,864 - 1,108,864 101-1800 Employee Benefits 318,618 - 318,618 101-1900 Community Service Grants 1,359,306 - 1,359,306 101-2100 Police - Patrol 3,936,745 7,548 3,944,293 101-2155 Police - Communications 989,092 - 989,092 101-2175 Police - Comm Svcs 375,388 - 375,388 101-2185 Police - Code Enforcement 163,394 - 163,394 101-2300 Building Safety Divison 663,435 (15,535) 647,900 101-2400 Engineering 402,211 - 402,211 101-2600 Visitor Center 504,551 - 504,551 101-3100 Streets 1,291,037 - 1,291,037 101-5200 Parks 1,317,867 - 1,317,867 101-5304 Senior Center - - - 101-5500 Special Events 2,252,573 - 2,252,573 101-5600 Transportation 589,694 - 589,694 101-5690 Parking Services 212,109 - 212,109 101-5700 Museum 401,079 - 401,079 101-9000 Transfers 4,119,333 - 4,119,333 101 GENERAL FUND 22,891,816 (1,440) 22,890,376 204 COMMUNITY REINVESTMENT 4,132,333 - 4,132,333 211 CONSERVATION TRUST 31,678 - 31,678 220 LARIMER COUNTY OPEN SPACE 596,027 - 596,027 236 EMERGENCY RESPONSE 51,544 - 51,544 238 COMMUNITY CENTER 837,327 - 837,327 244 TRAILS 930,419 - 930,419 260 STREET 2,063,935 - 2,063,935 502 POWER AND COMMUNICATIONS 20,829,385 - 20,829,385 503 WATER 7,383,764 - 7,383,764 606 MEDICAL INSURANCE 2,493,000 - 2,493,000 612 FLEET 858,541 - 858,541 625 INFORMATION TECHNOLOGY 879,656 - 879,656 635 VEHICLE REPLACEMENT 176,450 - 176,450 645 RISK MANAGEMENT 307,344 - 307,344 TOTAL ALL FUNDS 64,463,219 (1,440) 64,461,779 Attachment B 23 23 TOWN OF ESTES PARK GENERAL FUND BUDGET RESERVE RATIO FOR YEAR ENDED 12-31-2020 BUDGET AMENDMENT #1 General Fund Comm Reinvestment Fund Total Fund Balance $6,036,154 $2,000 $6,038,154 Reserves to Exclude Parking Garage Maintenance Reserve 24,000 24,000 Prepaids and Restricted Donations Estimate 122,000 122,000 146,000 - 146,000 Fund Balance Subject to Reserve Calculation 5,890,154 2,000 5,892,154 Total Expenditures 22,890,376 4,132,333 27,022,709 Less Transfers Out Between GF & CRF 4,119,333 2,882,206 7,001,539 Net Expenditures 18,771,043 1,250,127 20,021,170 Less Capital Expenditures Cap Outlay - Front End Loader (Bi-annual Trade In) - Streets 20,000 20,000 Cap Outlay - Bobcat Trade Ins 2 (Annual trade in) - Parks 6,450 6,450 Cap Outlay - CIP - Town Hall VRF Phase 1 (Air Conditioners) 198,000 198,000 CIP - Downtown Wayfinding 2020 50,000 50,000 CIP - Events Center Stall Leveling 61,800 61,800 Total Capital to Exclude 26,450 309,800 336,250 Total Expenditures Subject to Reserve Calculation 18,744,593 940,327 19,684,920 Reserve Ratio 31.4% 0.2% 29.9% Attachment B 24 24 TOWN OF ESTES PARK GENERAL FUND ONGOING REVENUE VS ONGOING EXPENDITURES FOR YEAR ENDED 12-31-2020 BUDGET AMENDMENT #1 General Fund Community Reinvestment Fund Total Total Revenues 22,232,893 4,134,333 26,367,226 Less: Capital Grants (One time funds)--- Transfers between GF & CRF 2,882,206 4,119,333 7,001,539 2,882,206 4,119,333 7,001,539 Net Ongoing Revenues 19,350,687 15,000 19,365,687 Total Expenditures 22,890,376 4,132,333 27,022,709 Less: Transfers between GF & CRF 4,119,333 2,882,206 7,001,539 Less One Time Expenditures: Parking Garage Maintenance Reserve 12,000 -12,000 Cap Outlay - Front End Loader (Bi-annual Trade In) - Streets 20,000 -20,000 Cap Outlay - Bobcat Trade Ins 2 (Annual trade in) - Parks 6,450 -6,450 Cap Outlay - CIP - Town Hall VRF Phase 1 (Air Conditioners)-198,000 198,000 CIP - Downtown Wayfinding 2020 -50,000 50,000 CIP - Events Center Stall Leveling -61,800 61,800 Barn Repairs 101-5500-455-25-02 15,000 -15,000 VC Lobby/Driver Lounge Furniture 101-2600-426-26-23 8,000 -8,000 PTWIN data migration 101-1400-414-22-13 8,000 -8,000 Property File Scanning Temp 101-1400-414-22-13 25,000 -25,000 Parking Division Startup 101-5690 212,109 -212,109 Painting/Staining Outside of Visitor Center 33,000 -33,000 Increase in Community Initiative 50,000 -50,000 Community Initiative Funding 101-1900-419-91-47 100,000 100,000 Infant/Toddler Childcare Capital Grant Pool 10,000 -10,000 499,559 309,800 809,359 Net Ongoing Expenditures 18,271,484 940,327 19,211,811 Net Ongoing Rev vs Exp 1,079,203 (925,327) 153,876 Attachment B 25 25 TOWN OF ESTES PARK GENERAL FUND SUMMARY BY DEPARTMENT BUDGET AMENDMENT #1 2017 Actual 2018 Actual 2019 EOY Estimate 2020 Original Amendment 2020 Amended REVENUE Taxes 12,402,321 13,842,631 14,346,299 15,218,010 - 15,218,010 Intergovernmental -2,721---- Rental Income 35,102 30,602 30,599 30,600 -30,600 Investment Income 18,351 53,071 125,000 115,000 -115,000 Miscellaneous 18,571 32,534 37,811 27,778 -27,778 Transfers In 1,768,749 1,875,924 4,382,534 4,740,771 - 4,740,771 Departmental Revenues 3,557,564 7,938,020 3,201,715 2,003,734 97,000 2,100,734 Total Revenues 17,800,658 23,775,503 22,123,958 22,135,893 97,000 22,232,893 Legislative 174,603 208,236 298,985 345,792 -345,792 Attorney --201,942 338,847 -338,847 Judicial 57,705 76,471 83,174 76,187 -76,187 Town Administrator 506,367 329,092 433,677 370,082 -370,082 Town Clerk 451,486 478,534 489,372 347,940 -347,940 Finance 471,796 519,073 572,545 579,008 -579,008 Planning 1,005,643 727,119 1,173,323 828,664 6,547 835,211 Facilities 938,061 973,354 1,409,451 1,108,864 - 1,108,864 Human Resources 115,108 94,403 212,963 318,618 -318,618 Community Svcs 998,270 1,125,668 1,186,277 1,359,306 - 1,359,306 Police - Patrol 3,000,366 3,286,926 4,029,471 3,936,745 7,548 3,944,293 Police - Communications 1,253,765 907,050 1,052,547 989,092 -989,092 Police - Comm Svc 324,440 351,972 335,500 375,388 -375,388 Police - Code Enforcement --62,264 163,394 -163,394 Building Safety 532,077 529,267 588,379 663,435 (15,535) 647,900 Engineering 669,046 588,661 384,003 402,211 -402,211 Visitor Services 417,208 437,098 549,335 504,551 -504,551 Streets and Highways 5,239,372 1,217,558 1,262,009 1,291,037 - 1,291,037 Parks 1,007,346 1,136,797 1,245,082 1,317,867 - 1,317,867 Senior Center 316,52913,233---- Special Events 1,840,231 2,106,676 2,128,760 2,252,573 - 2,252,573 Transit 432,628 458,402 1,463,054 589,694 -589,694 Parking -24,872 260,161 212,109 -212,109 Museum 300,739 360,349 401,354 401,079 -401,079 Transfers Out 977,921 1,350,322 4,273,100 4,119,333 - 4,119,333 Total Expenditures 21,030,707 17,301,133 24,096,728 22,891,816 (1,440) 22,890,376 Net Income (Loss)(3,230,049) 6,474,370 (1,972,770) (755,923) 98,440 (657,483) Beginning Fund Balance 5,422,086 2,192,037 8,666,407 6,693,637 5,937,714 6,693,637 Ending Fund Balance 2,192,037 8,666,407 6,693,637 5,937,714 6,036,154 6,036,154 Attachment B 26 26 TOWN OF ESTES PARK COMMUNITY REINVESTMENT FUND SUMMARY BY DEPARTMENT BUDGET AMENDMENT #1 2017 Actual 2018 Actual 2019 EOY Estimate 2020 Original Amendment 2020 Amended REVENUE Intergovernmental 3,080,1632,284,195---- Investment Income 10,525 20,732 7,500 15,000 -15,000 Miscellaneous 29,52038,239---- Transfers In 977,921 1,350,322 4,258,100 4,119,333 - 4,119,333 Debt Proceeds 4,552,617- ---- Departmental Revenues -- ---- Total Revenues 8,650,746 3,693,488 4,265,600 4,134,333 - 4,134,333 Community Reinvestment Fund 20,125 18,467 200,750 22,000 -22,000 Capital Outlay 8,433,309 2,029,886 2,044,972 309,800 -309,800 Debt Service 773,437 916,754 918,413 918,327 -918,327 Transfers Out -- 2,460,564 2,882,206 - 2,882,206 Rounding (1)- ---- Total Expenditures 9,226,870 2,965,107 5,624,699 4,132,333 - 4,132,333 Net Income (Loss)(576,124) 728,381 (1,359,099) 2,000 -2,000 Beginning Fund Balance 1,206,842 630,718 1,359,099 -2,000 - Ending Fund Balance 630,718 1,359,099 -2,000 2,000 2,000 Attachment B 27 27 TOWN OF ESTES PARK CONSERVATION TRUST FUND SUMMARY BY DEPARTMENT BUDGET AMENDMENT #1 2017 Actual 2018 Actual 2019 EOY Estimate 2020 Original Amendment 2020 Amended REVENUE Intergovernmental 30,765 31,687 32,000 32,000 -32,000 Investment Income 419 670 300 300 -300 Miscellaneous -- ---- Total Revenues 31,184 32,357 32,300 32,300 -32,300 Conservation Trust Fund 11,786 16,709 31,678 31,678 -31,678 Rounding (1)- ---- Total Expenditures 11,785 16,709 31,678 31,678 -31,678 Net Income (Loss)19,399 15,648 622 622 -622 Beginning Fund Balance 35,558 54,957 70,605 71,227 71,849 71,227 Ending Fund Balance 54,957 70,605 71,227 71,849 71,849 71,849 Attachment B 28 28 TOWN OF ESTES PARK LARIMER COUNTY OPEN SPACE FUND SUMMARY BY DEPARTMENT BUDGET AMENDMENT #1 2017 Actual 2018 Actual 2019 EOY Estimate 2020 Original Amendment 2020 Amended REVENUE Intergovernmental 1,975,384 1,122,088 1,165,000 658,000 -658,000 Investment Income 240 4 2,000 2,500 -2,500 Miscellaneous 41,524- ---- Transfers In -- ---- Total Revenues 2,017,148 1,122,092 1,167,000 660,500 -660,500 Open Space 110,599 70,384 82,497 73,527 -73,527 Capital Outlay 1,600,951 126,427 1,230,073 522,500 -522,500 Transfers Out 430,000 -300,000 --- Rounding (1)- ---- Total Expenditures 2,141,549 196,811 1,612,570 596,027 -596,027 Net Income (Loss)(124,401) 925,281 (445,570) 64,473 -64,473 Beginning Fund Balance (247,404) (371,805) 553,476 107,906 172,379 107,906 Ending Fund Balance (371,805) 553,476 107,906 172,379 172,379 172,379 Attachment B 29 29 TOWN OF ESTES PARK EMERGENCY RESPONSE SYSTEM FUND SUMMARY BY DEPARTMENT BUDGET AMENDMENT #1 2017 Actual 2018 Actual 2019 EOY Estimate 2020 Original Amendment 2020 Amended REVENUE Taxes 69,220 75,215 78,834 83,733 -83,733 Investment Income 325 334 250 250 -250 Miscellaneous -276---- Debt Proceeds --325,000 --- Total Revenues 69,545 75,825 404,084 83,983 -83,983 Emergency Response System 29,930 28,265 78,305 51,544 -51,544 Capital Outlay 11,694 -325,000 --- Transfers Out -- ---- Rounding - (1)---- Total Expenditures 41,624 28,264 403,305 51,544 -51,544 Net Income (Loss)27,921 47,561 779 32,439 -32,439 Beginning Fund Balance 36,013 63,934 111,495 112,274 144,713 112,274 Ending Fund Balance 63,934 111,495 112,274 144,713 144,713 144,713 Attachment B 30 30 TOWN OF ESTES PARK COMMUNITY CENTER FUND SUMMARY BY DEPARTMENT BUDGET AMENDMENT #1 2017 Actual 2018 Actual 2019 EOY Estimate 2020 Original Amendment 2020 Amended REVENUE Taxes 692,196 752,155 788,340 837,327 -837,327 Intergovernmental -- ---- Charges for Services -- ---- Rental Income -- ---- Investment Income ------ Miscellaneous -- ---- Transfers In -- ---- Debt Proceeds -- ---- Departmental Revenues (1)----- Total Revenues 692,195 752,155 788,340 837,327 -837,327 Community Center 692,196 752,155 768,392 837,327 -837,327 Transfers Out -- ---- Rounding -- ---- Total Expenditures 692,196 752,155 768,392 837,327 -837,327 Net Income (Loss)(1)-19,948--- Beginning Fund Balance 1 --19,948 19,948 19,948 Ending Fund Balance --19,948 19,948 19,948 19,948 Attachment B 31 31 TOWN OF ESTES PARK TRAILS EXPANSION FUND SUMMARY BY DEPARTMENT BUDGET AMENDMENT #1 2017 Actual 2018 Actual 2019 EOY Estimate 2020 Original Amendment 2020 Amended REVENUE Taxes 346,098 376,077 394,170 418,663 -418,663 Intergovernmental 115,217 --500,000 -500,000 Charges for Services -- ---- Rental Income -- ---- Investment Income 5,473 3,349 2,000 2,600 -2,600 Miscellaneous 69,880- ---- Transfers In -- ---- Debt Proceeds -- ---- Departmental Revenues -- ---- Total Revenues 536,668 379,426 396,170 921,263 -921,263 Trails Expansion Operations --33,537 28,919 -28,919 Capital Outlay 334,205 -955,773 901,500 -901,500 Transfers Out 673,000 - ---- Rounding (2)(1)---- Total Expenditures 1,007,203 (1) 989,310 930,419 -930,419 Net Income (Loss)(470,535) 379,427 (593,140) (9,156)-(9,156) Beginning Fund Balance 703,829 233,294 612,721 19,581 10,425 19,581 Ending Fund Balance 233,294 612,721 19,581 10,425 10,425 10,425 Attachment B 32 32 TOWN OF ESTES PARK STREET IMPROVEMENT FUND SUMMARY BY DEPARTMENT BUDGET AMENDMENT #1 2017 Actual 2018 Actual 2019 EOY Estimate 2020 Original Amendment 2020 Amended REVENUE Taxes 1,661,271 1,805,171 1,892,015 2,009,585 - 2,009,585 Intergovernmental -- ---- Charges for Services -- ---- Rental Income -- ---- Investment Income 54,498 78,967 15,000 40,000 -40,000 Miscellaneous 6- ---- Transfers In 1,103,000- ---- Debt Proceeds -- ---- Departmental Revenues -- ---- Total Revenues 2,818,775 1,884,138 1,907,015 2,049,585 - 2,049,585 Street Improvement Operations 1,818,796 601,201 701,633 727,835 -727,835 Capital Outlay 111,179 2,059,154 4,180,312 1,336,100 - 1,336,100 Transfers Out -- ---- Rounding 1- ---- Total Expenditures 1,929,976 2,660,355 4,881,945 2,063,935 - 2,063,935 Net Income (Loss)888,799 (776,217) (2,974,930) (14,350)-(14,350) Beginning Fund Balance 3,445,370 4,334,169 3,557,952 583,022 568,672 583,022 Ending Fund Balance 4,334,169 3,557,952 583,022 568,672 568,672 568,672 Attachment B 33 33 TOWN OF ESTES PARK POWER AND COMMUNICATIONS FUND SUMMARY BY DEPARTMENT BUDGET AMENDMENT #1 2017 Actual 2018 Actual 2019 EOY Estimate 2020 Original Amendment 2020 Amended REVENUE Taxes -- ---- Intergovernmental 1,031,2023,344---- Charges for Services 15,915,519 16,787,139 17,023,722 18,329,373 - 18,329,373 Rental Income 292- ---- Investment Income 87,206 165,002 64,000 120,000 -120,000 Miscellaneous 472,396 322,017 134,578 112,500 -112,500 Transfers In 365,7032,139,306---- Debt Proceeds -- 33,358,267 --- Departmental Revenues -- ---- Total Revenues 17,872,318 19,416,808 50,580,567 18,561,873 - 18,561,873 Source of Supply 7,350,123 7,670,249 7,554,806 7,983,854 - 7,983,854 Distribution 4,356,498 4,480,158 4,140,905 4,329,144 - 4,329,144 Customer Accounts 445,111 478,638 449,154 451,758 -451,758 Admin & General 2,460,966 2,252,805 2,382,807 2,302,700 - 2,302,700 Debt Service 151,307 139,811 3,771,466 1,539,928 - 1,539,928 Broadband -- 1,040,000 816,972 -816,972 Capital Outlay 51,095 93,250 28,473,279 1,685,000 - 1,685,000 Transfers Out 1,646,929 1,731,228 1,772,928 1,720,029 - 1,720,029 Rounding -1 ---- Total Expenditures 16,462,029 16,846,140 49,585,345 20,829,385 - 20,829,385 Net Income (Loss)1,410,289 2,570,668 995,222 (2,267,512)- (2,267,512) Beginning Fund Balance 8,328,795 8,325,317 8,969,681 9,964,903 7,697,391 9,964,903 Ending Fund Balance 9,739,084 10,895,985 9,964,903 7,697,391 7,697,391 7,697,391 Attachment B 34 34 TOWN OF ESTES PARK WATER FUND SUMMARY BY DEPARTMENT BUDGET AMENDMENT #1 2017 Actual 2018 Actual 2019 EOY Estimate 2020 Original Amendment 2020 Amended REVENUE Taxes -- ---- Intergovernmental (1,395)(2,959)---- Charges for Services 5,410,607 6,627,848 5,677,964 6,173,376 - 6,173,376 Rental Income -4,000---- Investment Income 60,028 142,126 30,000 105,000 -105,000 Miscellaneous 278,116 75,167 40,000 440,250 -440,250 Transfers In -551,956---- Debt Proceeds --20,000 458,000 -458,000 Departmental Revenues -- ---- Total Revenues 5,747,356 7,398,138 5,767,964 7,176,626 - 7,176,626 Source of Supply 98,192 106,625 202,200 202,200 -202,200 Purification 876,336 986,706 1,132,927 1,164,367 - 1,164,367 Distribution 2,624,412 2,435,980 1,589,206 1,933,551 - 1,933,551 Customer Accounts 351,088 338,156 298,992 257,185 -257,185 Admin & General 643,529 780,028 799,587 852,070 -852,070 Debt Service 123,081 118,454 410,270 396,355 -396,355 Capital Outlay 18,931 9,145 4,549,001 2,439,500 - 2,439,500 Transfers Out 121,820 144,696 149,042 138,536 -138,536 Rounding -- ---- Total Expenditures 4,857,389 4,919,790 9,131,225 7,383,764 - 7,383,764 Net Income (Loss)889,967 2,478,348 (3,363,261) (207,138)- (207,138) Beginning Fund Balance 5,473,725 6,470,992 6,820,619 3,457,358 3,250,220 3,457,358 Ending Fund Balance 6,363,692 8,949,340 3,457,358 3,250,220 3,250,220 3,250,220 Attachment B 35 35 TOWN OF ESTES PARK MEDICAL INSURANCE FUND SUMMARY BY DEPARTMENT BUDGET AMENDMENT #1 2017 Actual 2018 Actual 2019 EOY Estimate 2020 Original Amendment 2020 Amended REVENUE Taxes -- ---- Intergovernmental -- ---- Charges for Services 2,343,365 2,546,120 2,447,907 2,469,328 - 2,469,328 Rental Income -- ---- Investment Income 5,885 23,158 3,500 20,000 -20,000 Miscellaneous 506 23,980 -250 -250 Transfers In -- ---- Debt Proceeds -- ---- Departmental Revenues -- ---- Total Revenues 2,349,756 2,593,258 2,451,407 2,489,578 - 2,489,578 Medical Insurance Fund Operations 1,904,193 2,132,406 2,352,416 2,493,000 - 2,493,000 Rounding - (2)---- Total Expenditures 1,904,193 2,132,404 2,352,416 2,493,000 - 2,493,000 Net Income (Loss)445,563 460,854 98,991 (3,422)-(3,422) Beginning Fund Balance 243,637 732,949 1,193,803 1,292,794 1,289,372 1,292,794 Ending Fund Balance 689,200 1,193,803 1,292,794 1,289,372 1,289,372 1,289,372 Attachment B 36 36 TOWN OF ESTES PARK FLEET MAINTENANCE FUND SUMMARY BY DEPARTMENT BUDGET AMENDMENT #1 2017 Actual 2018 Actual 2019 EOY Estimate 2020 Original Amendment 2020 Amended REVENUE Taxes -- ---- Intergovernmental -515---- Charges for Services 456,458 487,938 502,053 506,219 -506,219 Rental Income -- ---- Investment Income 2,098 4,852 1,000 1,547 -1,547 Miscellaneous 3,8972,194---- Transfers In -- ---- Debt Proceeds -- ---- Departmental Revenues -- ---- Total Revenues 462,453 495,499 503,053 507,766 -507,766 Fleet Maintenance 392,357 402,937 465,516 458,541 -458,541 Capital Outlay --44,000 400,000 -400,000 Rounding -- ---- Total Expenditures 392,357 402,937 509,516 858,541 -858,541 Net Income (Loss)70,096 92,562 (6,463) (350,775)- (350,775) Beginning Fund Balance 285,138 363,419 459,365 452,902 102,127 452,902 Ending Fund Balance 355,234 455,981 452,902 102,127 102,127 102,127 Attachment B 37 37 TOWN OF ESTES PARK INFORMATION SYSTEMS TECHNOLOGY FUND SUMMARY BY DEPARTMENT BUDGET AMENDMENT #1 2017 Actual 2018 Actual 2019 EOY Estimate 2020 Original Amendment 2020 Amended REVENUE Taxes -- ---- Intergovernmental 5,9008---- Charges for Services 611,055 719,629 841,731 892,729 -892,729 Rental Income -- ---- Investment Income 6,339 5,457 5,000 5,000 -5,000 Miscellaneous 2,073 3,219 1,500 1,000 -1,000 Transfers In -- ---- Debt Proceeds -- ---- Departmental Revenues -- ---- Total Revenues 625,367 728,313 848,231 898,729 -898,729 IT Operations 609,392 668,724 768,216 799,656 -799,656 Capital Outlay --89,000 80,000 -80,000 Transfers Out 365,703 - ---- Rounding -- ---- Total Expenditures 975,095 668,724 857,216 879,656 -879,656 Net Income (Loss)(349,728) 59,589 (8,985) 19,073 -19,073 Beginning Fund Balance 591,255 223,862 275,038 266,053 285,126 266,053 Ending Fund Balance 241,527 283,451 266,053 285,126 285,126 285,126 Attachment B 38 38 TOWN OF ESTES PARK VEHICLE REPLACEMENT FUND SUMMARY BY DEPARTMENT BUDGET AMENDMENT #1 2017 Actual 2018 Actual 2019 EOY Estimate 2020 Original Amendment 2020 Amended REVENUE Taxes -- ---- Intergovernmental -- ---- Charges for Services 869,624 270,793 455,898 478,139 -478,139 Rental Income -- ---- Investment Income 12,517 13,291 10,000 750 -750 Miscellaneous 45,46059,970---- Transfers In -- ---- Debt Proceeds -- ---- Departmental Revenues -- ---- Total Revenues 927,601 344,054 465,898 478,889 -478,889 Fleet Replacement Operations 605,410321,074---- Capital Outlay 381,415 125 532,214 176,450 -176,450 Transfers Out -2,691,262---- Rounding -- ---- Total Expenditures 986,825 3,012,461 532,214 176,450 -176,450 Net Income (Loss)(59,224) (2,668,407) (66,316) 302,439 -302,439 Beginning Fund Balance 2,865,183 3,322,783 311,372 245,056 547,495 245,056 Ending Fund Balance 2,805,959 654,376 245,056 547,495 547,495 547,495 Attachment B 39 39 TOWN OF ESTES PARK RISK MANAGEMENT FUND SUMMARY BY DEPARTMENT BUDGET AMENDMENT #1 2017 Actual 2018 Actual 2019 EOY Estimate 2020 Original Amendment 2020 Amended REVENUE Taxes -- ---- Intergovernmental -- ---- Charges for Services --273,947 307,344 -307,344 Rental Income -- ---- Investment Income ------ Miscellaneous -- ---- Transfers In -- ---- Debt Proceeds -- ---- Departmental Revenues ------ Total Revenues --273,947 307,344 -307,344 Risk Management Operations --273,947 307,344 -307,344 Rounding -- ---- Total Expenditures --273,947 307,344 -307,344 Net Income (Loss)-- ---- Beginning Fund Balance -- ---- Ending Fund Balance -- ---- Attachment B 40 40 FINANCE DEPARTMENT Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Machalek From: Finance Director Hudson Date: January 14, 2020 RE: Resolution 07-20 – 2020 Supplemental Budget Appropriations (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Amend the 2020 budget to reflect changes needed to implement paid parking and move it to a new special revenue fund. Present Situation: The following summarizes the proposed changes by Fund. General Fund: Increase $647,313 The original adopted budget included $212,109 in appropriations for the Parking Services Division. The Parking Services Division appropriations in the General Fund is reduced by this amount and it is being transferred to the new Parking Services Fund as startup funds, along with $26,400 in parking permit and parking ticket revenues, for a net transfer out of $185,709. The additional parking permit revenues increases the amount of TABOR revenues, resulting in an additional transfer into the Community Reinvestment Fund in the amount of $673,713. This is then transferred back as General Fund revenues to pay for eligible costs. The net effect of these changes is an increase in the General Fund appropriations of $647,313. Community Reinvestment Fund: Increase $673,713 The additional TABOR revenues mentioned above will be transferred back to the General Fund for expenditure on eligible costs. The transfer appropriation is therefore increased by $673,713. 41 41 Parking Services Fund: Increase $681,232 The new Parking Services Fund appropriations include the original funding, less some minor revisions and the parking community service officers for a total of $182,566. In addition to these startup funds, the appropriations also include an increase to the contract services account for the contracted operator, estimated at $498,666. This includes field staffing such as the parking community service officers. These costs are offset by the initial startup transfer from the General Fund of $185,709, parking permits of $3,900, parking tickets of $22,500, and the new paid parking fees of $528,000. The net effect is $740,109 in estimated revenues, $681,232 in appropriated expenditures with a net of $58,877 income. Of course, these are budgetary estimates and we will be monitoring actual performance throughout the year. Proposal: To complete these items, the moneys must be appropriated within the proper funds. The attached budget resolution provides for the required appropriations. Advantages: This amendment will allow the Parking Services Fund to set up the paid parking operation as directed by Ordinance 30-19. Disadvantages: No significant disadvantages have been identified. Action Recommended: Staff recommends approval of the supplemental budget resolution as presented. Finance/Resource Impact: After reflecting these changes, the General Fund is projected to end 2020 with a 30.0% fund balance. Each fund is expected to end 2020 with a positive fund balance as well. Level of Public Interest The amount of public interest in these amendments is expected to be minimal. No communication from the public has been received regarding these amendments. Sample Motion: I move for the approval/denial of Resolution 07-20 Supplemental Budget Appropriations to the 2020 Budget. Attachments: Attachment A – Resolution 07-20 Supplemental Budget Appropriations to the 2020 Budget Attachment B – Recap of proposed Budget Amendments and supporting schedules 42 42 RESOLUTION 07-20 SUPPLEMENTAL BUDGET APPROPRIATIONS TO THE 2020 BUDGET WHEREAS, the Board of Trustees of the Town of Estes Park has adopted the 2020 annual budget in accordance with the Local Government Budget Law on November 26th, 2019; and WHEREAS, the Board of Trustees of the Town of Estes Park has adopted Ordinance 30- 19 authorizing the implementation of seasonal daily parking fees and requires such fees to be deposited into a special revenue fund; 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 be increased by $2,002,258 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 Appropriations Amendment Amended Appropriations 101 General Fund 22,890,376 647,313 23,537,689 204 Community Reinvestment Fund 4,132,333 673,713 4,806,046 211 Conservation Trust Fund 31,678 0 31,678 220 Larimer County Open Space Fund 596,027 0 596,027 236 Emergency Response System Fund 51,544 0 51,544 238 Community Center Fund 837,327 0 837,327 244 Trails Fund 930,419 0 930,419 256 Parking Services Fund 0 681,232 681,232 260 Street Fund 2,063,935 0 2,063,935 502 Power and Communications Fund 20,829,385 0 20,829,385 503 Water Fund 7,383,764 0 7,383,764 606 Medical Insurance Fund 2,493,000 0 2,493,000 612 Fleet Maintenance Fund 858,541 0 858,541 625 Information Technology Fund 879,656 0 879,656 635 Vehicle Replacement Fund 176,450 0 176,450 645 Risk Management Fund 307,344 0 307,344 Total All Funds 64,461,779 2,002,258 66,464,037 43 43 DATED this day of , 2020. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney 44 44 TOWN OF ESTES PARKBUDGET RECAP BY FUNDFOR YEAR ENDED 12-31-2020BUDGET AMENDMENT #2101204211220236238244256260GENERAL FUNDCOMMUNITY REINVESTMENT CONSERVATION TRUSTLARIMER COUNTY OPEN SPACEEMERGENCY RESPONSECOMMUNITY CENTERTRAILSPARKING SERVICES FUNDSTREETRevenues$22,880,206 $4,808,046$32,300$660,500$83,983$837,327$921,263$740,109 $2,049,585Expenses23,537,689 4,806,04631,678596,02751,544837,327930,419681,232 2,063,935Net(657,483)2,00062264,47332,4390(9,156)58,877 (14,350)Estimated Beginning Fund Balance, 1/1/206,693,637071,227107,906112,27419,94819,5810 583,022Estimated Ending Fund Balance, 12/31/20$6,036,154$2,000$71,849$172,379$144,713$19,948$10,425$58,877 $568,672Budgeted Reserves Thumb Open Space Reserve--70,000171,700----- Pkg Garage Maint Reserve 101-1700-417-37-9924,000-------- Nonspendable Prepaid Fund Bal & Restr Donations122,000-------- Policy 660 Fund Balance Reserves4,914,630--------Total Reserved Fund Balance5,060,630-70,000171,700-----Unreserved Budgetary Fund Balance$975,524$2,000$1,849$679$144,713$19,948$10,425$58,877 $568,672502503606612625635645POWER AND COMMUNICATIONSWATERMEDICAL INSURANCEFLEETINFORMATION TECHNOLOGYVEHICLE REPLACEMENTRISK MANAGEMENTTOTALRevenues, As Amended$18,561,873 $7,176,626 $2,489,578$507,766$898,729$478,889$307,344$63,434,124Expenses, As Amended20,829,385 7,383,764 2,493,000858,541879,656176,450307,344 66,464,037Net(2,267,512)(207,138)(3,422)(350,775)19,073302,4390 (3,029,913)Estimated Beginning Fund Balance, 1/1/209,964,903 3,457,358 1,292,794452,902266,053245,0560 23,286,661Estimated Ending Fund Balance, 12/31/20$7,697,391 $3,250,220 $1,289,372$102,127$285,126$547,495$0 $20,256,748Budgeted Reserves Thumb Open Space Reserve-------241,700 Pkg Garage Maint Reserve 101-1700-417-37-99-------24,000 Nonspendable Prepaid Fund Bal & Restr Donations-------122,000 Equipment Reserve1,651,484505,590---547,495-2,704,569 Policy 660 Fund Balance Reserves4,786,096-930,37685,854200,000--10,916,956Total Reserved Fund Balance6,437,580505,590930,37685,854200,000547,495-14,009,225Unreserved Budgetary Fund Balance1,259,811 2,744,630358,99616,27385,126--6,247,523Attachment B4545 TOWN OF ESTES PARK SUMMARY OF ANTICIPATED REVENUE FOR YEAR ENDED 12-31-2020 BUDGET AMENDMENT #2 Fund/Dept Fund Name 2020 Original Amendment 2020 Amended 101 GENERAL FUND 22,232,893 647,313 22,880,206 204 COMMUNITY REINVESTMENT 4,134,333 673,713 4,808,046 211 CONSERVATION TRUST 32,300 - 32,300 220 LARIMER COUNTY OPEN SPACE 660,500 - 660,500 236 EMERGENCY RESPONSE 83,983 - 83,983 238 COMMUNITY CENTER 837,327 - 837,327 244 TRAILS 921,263 - 921,263 256 PARKING SERVICES FUND - 740,109 740,109 260 STREET 2,049,585 - 2,049,585 502 POWER AND COMMUNICATIONS 18,561,873 - 18,561,873 503 WATER 7,176,626 - 7,176,626 606 MEDICAL INSURANCE 2,489,578 - 2,489,578 612 FLEET 507,766 - 507,766 625 INFORMATION TECHNOLOGY 898,729 - 898,729 635 VEHICLE REPLACEMENT 478,889 - 478,889 645 RISK MANAGEMENT 307,344 - 307,344 TOTAL 61,372,989 2,061,135 63,434,124 Attachment B 46 46 TOWN OF ESTES PARK SUMMARY OF APPROPRIATIONS FOR YEAR ENDED 12-31-2020 BUDGET AMENDMENT #2 Fund/Dept Fund Name 2020 Original Amendment 2020 Amended 101 GENERAL FUND 101-1100 Legislative 345,792 - 345,792 101-1190 Town Attorney 338,847 - 338,847 101-1200 Judicial 76,187 - 76,187 101-1300 Town Administrator's Office 370,082 - 370,082 101-1400 Town Clerk's Office 347,940 - 347,940 101-1500 Finance 579,008 - 579,008 101-1600 Com Dev ( Planning) 835,211 - 835,211 101-1700 Facilities 1,108,864 - 1,108,864 101-1800 Employee Benefits 318,618 - 318,618 101-1900 Community Service Grants 1,359,306 - 1,359,306 101-2100 Police - Patrol 3,944,293 - 3,944,293 101-2155 Police - Communications 989,092 - 989,092 101-2175 Police - Comm Svcs 375,388 - 375,388 101-2185 Police - Code Enforcement 163,394 - 163,394 101-2300 Building Safety Divison 647,900 - 647,900 101-2400 Engineering 402,211 - 402,211 101-2600 Visitor Center 504,551 - 504,551 101-3100 Streets 1,291,037 - 1,291,037 101-5200 Parks 1,317,867 - 1,317,867 101-5304 Senior Center - - - 101-5500 Special Events 2,252,573 - 2,252,573 101-5600 Transportation 589,694 - 589,694 101-5690 Parking Services 212,109 (212,109) - 101-5700 Museum 401,079 - 401,079 101-9000 Transfers 4,119,333 859,422 4,978,755 101 GENERAL FUND 22,890,376 647,313 23,537,689 204 COMMUNITY REINVESTMENT 4,132,333 673,713 4,806,046 211 CONSERVATION TRUST 31,678 - 31,678 220 LARIMER COUNTY OPEN SPACE 596,027 - 596,027 236 EMERGENCY RESPONSE 51,544 - 51,544 238 COMMUNITY CENTER 837,327 - 837,327 244 TRAILS 930,419 - 930,419 256 PARKING SERVICES FUND - 681,232 681,232 260 STREET 2,063,935 - 2,063,935 502 POWER AND COMMUNICATIONS 20,829,385 - 20,829,385 503 WATER 7,383,764 - 7,383,764 606 MEDICAL INSURANCE 2,493,000 - 2,493,000 612 FLEET 858,541 - 858,541 625 INFORMATION TECHNOLOGY 879,656 - 879,656 635 VEHICLE REPLACEMENT 176,450 - 176,450 645 RISK MANAGEMENT 307,344 - 307,344 TOTAL ALL FUNDS 64,461,779 2,002,258 66,464,037 Attachment B 47 47 TOWN OF ESTES PARK GENERAL FUND BUDGET RESERVE RATIO FOR YEAR ENDED 12-31-2020 BUDGET AMENDMENT #2 General Fund Comm Reinvestment Fund Total Fund Balance $6,036,154 $2,000 $6,038,154 Reserves to Exclude Parking Garage Maintenance Reserve 24,000 24,000 Prepaids and Restricted Donations Estimate 122,000 122,000 146,000 - 146,000 Fund Balance Subject to Reserve Calculation 5,890,154 2,000 5,892,154 Total Expenditures 23,537,689 4,806,046 28,343,735 Less Transfers Out Between GF & CRF 4,793,046 3,555,919 8,348,965 Net Expenditures 18,744,643 1,250,127 19,994,770 Less Capital Expenditures Cap Outlay - Front End Loader (Bi-annual Trade In) - Streets 20,000 20,000 Cap Outlay - Bobcat Trade Ins 2 (Annual trade in) - Parks 6,450 6,450 Cap Outlay - CIP - Town Hall VRF Phase 1 (Air Conditioners)198,000 198,000 CIP - Downtown Wayfinding 2020 50,000 50,000 CIP - Events Center Stall Leveling 61,800 61,800 Total Capital to Exclude 26,450 309,800 336,250 Total Expenditures Subject to Reserve Calculation 18,718,193 940,327 19,658,520 Reserve Ratio 31.5%0.2% 30.0% Attachment B 48 48 TOWN OF ESTES PARK GENERAL FUND ONGOING REVENUE VS ONGOING EXPENDITURES FOR YEAR ENDED 12-31-2020 BUDGET AMENDMENT #2 General Fund Community Reinvestment Fund Total Total Revenues 22,880,206 4,808,046 27,688,252 Less: Capital Grants (One time funds) - - - Transfers between GF & CRF 3,555,919 4,793,046 8,348,965 3,555,919 4,793,046 8,348,965 Net Ongoing Revenues 19,324,287 15,000 19,339,287 Total Expenditures 23,537,689 4,806,046 28,343,735 Less: Transfers between GF & CRF 4,793,046 3,555,919 8,348,965 Less One Time Expenditures: Parking Garage Maintenance Reserve 12,000 - 12,000 Cap Outlay - Front End Loader (Bi-annual Trade In) - Streets 20,000 - 20,000 Cap Outlay - Bobcat Trade Ins 2 (Annual trade in) - Parks 6,450 - 6,450 Cap Outlay - CIP - Town Hall VRF Phase 1 (Air Conditioners) - 198,000 198,000 CIP - Downtown Wayfinding 2020 - 50,000 50,000 CIP - Events Center Stall Leveling - 61,800 61,800 Barn Repairs 101-5500-455-25-02 15,000 - 15,000 VC Lobby/Driver Lounge Furniture 101-2600-426-26-23 8,000 - 8,000 PTWIN data migration 101-1400-414-22-13 8,000 - 8,000 Property File Scanning Temp 101-1400-414-22-13 25,000 - 25,000 Parking Division Startup Transfer 185,709 - 185,709 Painting/Staining Outside of Visitor Center 33,000 - 33,000 Increase in Community Initiative 50,000 - 50,000 Community Initiative Funding 101-1900-419-91-47 100,000 100,000 Infant/Toddler Childcare Capital Grant Pool 10,000 - 10,000 473,159 309,800 782,959 Net Ongoing Expenditures 18,271,484 940,327 19,211,811 Net Ongoing Rev vs Exp 1,052,803 (925,327) 127,476 Attachment B 49 49 TOWN OF ESTES PARK GENERAL FUND SUMMARY BY DEPARTMENT BUDGET AMENDMENT #2 2017 Actual 2018 Actual 2019 EOY Estimate 2020 Original Amendment 2020 Amended REVENUE Taxes 12,402,321 13,842,631 14,346,299 15,218,010 - 15,218,010 Intergovernmental -2,721 ---- Rental Income 35,102 30,602 30,599 30,600 -30,600 Investment Income 18,351 53,071 125,000 115,000 -115,000 Miscellaneous 18,571 32,534 37,811 27,778 -27,778 Transfers In 1,768,749 1,875,924 4,382,534 4,740,771 673,713 5,414,484 Departmental Revenues 3,557,564 7,938,020 3,201,715 2,100,734 (26,400) 2,074,334 Total Revenues 17,800,658 23,775,503 22,123,958 22,232,893 647,313 22,880,206 Legislative 174,603 208,236 298,985 345,792 - 345,792 Attorney - - 201,942 338,847 - 338,847 Judicial 57,705 76,471 83,174 76,187 - 76,187 Town Administrator 506,367 329,092 433,677 370,082 - 370,082 Town Clerk 451,486 478,534 489,372 347,940 - 347,940 Finance 471,796 519,073 572,545 579,008 - 579,008 Planning 1,005,643 727,119 1,173,323 835,211 - 835,211 Facilities 938,061 973,354 1,409,451 1,108,864 - 1,108,864 Human Resources 115,108 94,403 212,963 318,618 - 318,618 Community Svcs 998,270 1,125,668 1,186,277 1,359,306 - 1,359,306 Police - Patrol 3,000,366 3,286,926 4,029,471 3,944,293 - 3,944,293 Police - Communications 1,253,765 907,050 1,052,547 989,092 - 989,092 Police - Comm Svc 324,440 351,972 335,500 375,388 - 375,388 Police - Code Enforcement - - 62,264 163,394 - 163,394 Building Safety 532,077 529,267 588,379 647,900 - 647,900 Engineering 669,046 588,661 384,003 402,211 - 402,211 Visitor Services 417,208 437,098 549,335 504,551 - 504,551 Streets and Highways 5,239,372 1,217,558 1,262,009 1,291,037 - 1,291,037 Parks 1,007,346 1,136,797 1,245,082 1,317,867 - 1,317,867 Senior Center 316,529 13,233 - - - - Special Events 1,840,231 2,106,676 2,128,760 2,252,573 - 2,252,573 Transit 432,628 458,402 1,463,054 589,694 - 589,694 Parking - 24,872 260,161 212,109 (212,109) - Museum 300,739 360,349 401,354 401,079 - 401,079 Transfers Out 977,921 1,350,322 4,273,100 4,119,333 859,422 4,978,755 Total Expenditures 21,030,707 17,301,133 24,096,728 22,890,376 647,313 23,537,689 Net Income (Loss)(3,230,049) 6,474,370 (1,972,770) (657,483)- (657,483) Beginning Fund Balance 5,422,086 2,192,037 8,666,407 6,693,637 6,036,154 6,693,637 Ending Fund Balance 2,192,037 8,666,407 6,693,637 6,036,154 6,036,154 6,036,154 Attachment B 50 50 TOWN OF ESTES PARK COMMUNITY REINVESTMENT FUND SUMMARY BY DEPARTMENT BUDGET AMENDMENT #2 2017 Actual 2018 Actual 2019 EOY Estimate 2020 Original Amendment 2020 Amended REVENUE Intergovernmental 3,080,163 2,284,195 ---- Investment Income 10,525 20,732 7,500 15,000 -15,000 Miscellaneous 29,520 38,239 ---- Transfers In 977,921 1,350,322 4,258,100 4,119,333 673,713 4,793,046 Debt Proceeds 4,552,617 ----- Departmental Revenues ------ Total Revenues 8,650,746 3,693,488 4,265,600 4,134,333 673,713 4,808,046 Community Reinvestment Fund 20,125 18,467 200,750 22,000 - 22,000 Capital Outlay 8,433,309 2,029,886 2,044,972 309,800 - 309,800 Debt Service 773,437 916,754 918,413 918,327 - 918,327 Transfers Out - - 2,460,564 2,882,206 673,713 3,555,919 Rounding (1) - - - - - Total Expenditures 9,226,870 2,965,107 5,624,699 4,132,333 673,713 4,806,046 Net Income (Loss)(576,124) 728,381 (1,359,099) 2,000 -2,000 Beginning Fund Balance 1,206,842 630,718 1,359,099 -2,000 - Ending Fund Balance 630,718 1,359,099 -2,000 2,000 2,000 Attachment B 51 51 TOWN OF ESTES PARK CONSERVATION TRUST FUND SUMMARY BY DEPARTMENT BUDGET AMENDMENT #2 2017 Actual 2018 Actual 2019 EOY Estimate 2020 Original Amendment 2020 Amended REVENUE Intergovernmental 30,765 31,687 32,000 32,000 -32,000 Investment Income 419 670 300 300 -300 Miscellaneous ------ Total Revenues 31,184 32,357 32,300 32,300 -32,300 Conservation Trust Fund 11,786 16,709 31,678 31,678 -31,678 Rounding (1)- ---- Total Expenditures 11,785 16,709 31,678 31,678 -31,678 Net Income (Loss)19,399 15,648 622 622 -622 Beginning Fund Balance 35,558 54,957 70,605 71,227 71,849 71,227 Ending Fund Balance 54,957 70,605 71,227 71,849 71,849 71,849 Attachment B 52 52 TOWN OF ESTES PARK LARIMER COUNTY OPEN SPACE FUND SUMMARY BY DEPARTMENT BUDGET AMENDMENT #2 2017 Actual 2018 Actual 2019 EOY Estimate 2020 Original Amendment 2020 Amended REVENUE Intergovernmental 1,975,384 1,122,088 1,165,000 658,000 -658,000 Investment Income 240 4 2,000 2,500 -2,500 Miscellaneous 41,524 ----- Transfers In ------ Total Revenues 2,017,148 1,122,092 1,167,000 660,500 -660,500 Open Space 110,599 70,384 82,497 73,527 -73,527 Capital Outlay 1,600,951 126,427 1,230,073 522,500 -522,500 Transfers Out 430,000 -300,000 --- Rounding (1)- ---- Total Expenditures 2,141,549 196,811 1,612,570 596,027 -596,027 Net Income (Loss)(124,401) 925,281 (445,570) 64,473 -64,473 Beginning Fund Balance (247,404) (371,805) 553,476 107,906 172,379 107,906 Ending Fund Balance (371,805) 553,476 107,906 172,379 172,379 172,379 Attachment B 53 53 TOWN OF ESTES PARK EMERGENCY RESPONSE SYSTEM FUND SUMMARY BY DEPARTMENT BUDGET AMENDMENT #2 2017 Actual 2018 Actual 2019 EOY Estimate 2020 Original Amendment 2020 Amended REVENUE Taxes 69,220 75,215 78,834 83,733 -83,733 Investment Income 325 334 250 250 -250 Miscellaneous -276 ---- Debt Proceeds --325,000 --- Total Revenues 69,545 75,825 404,084 83,983 -83,983 Emergency Response System 29,930 28,265 78,305 51,544 -51,544 Capital Outlay 11,694 -325,000 --- Transfers Out -- ---- Rounding - (1)---- Total Expenditures 41,624 28,264 403,305 51,544 -51,544 Net Income (Loss)27,921 47,561 779 32,439 -32,439 Beginning Fund Balance 36,013 63,934 111,495 112,274 144,713 112,274 Ending Fund Balance 63,934 111,495 112,274 144,713 144,713 144,713 Attachment B 54 54 TOWN OF ESTES PARK COMMUNITY CENTER FUND SUMMARY BY DEPARTMENT BUDGET AMENDMENT #2 2017 Actual 2018 Actual 2019 EOY Estimate 2020 Original Amendment 2020 Amended REVENUE Taxes 692,196 752,155 788,340 837,327 -837,327 Intergovernmental ------ Charges for Services ------ Rental Income ------ Investment Income ------ Miscellaneous ------ Transfers In ------ Debt Proceeds ------ Departmental Revenues (1)----- Total Revenues 692,195 752,155 788,340 837,327 -837,327 Community Center 692,196 752,155 768,392 837,327 -837,327 Transfers Out -- ---- Rounding -- ---- Total Expenditures 692,196 752,155 768,392 837,327 -837,327 Net Income (Loss)(1)-19,948--- Beginning Fund Balance 1 --19,948 19,948 19,948 Ending Fund Balance --19,948 19,948 19,948 19,948 Attachment B 55 55 TOWN OF ESTES PARK TRAILS EXPANSION FUND SUMMARY BY DEPARTMENT BUDGET AMENDMENT #2 2017 Actual 2018 Actual 2019 EOY Estimate 2020 Original Amendment 2020 Amended REVENUE Taxes 346,098 376,077 394,170 418,663 -418,663 Intergovernmental 115,217 --500,000 -500,000 Charges for Services ------ Rental Income ------ Investment Income 5,473 3,349 2,000 2,600 -2,600 Miscellaneous 69,880 ----- Transfers In ------ Debt Proceeds -- ---- Departmental Revenues ------ Total Revenues 536,668 379,426 396,170 921,263 -921,263 Trails Expansion Operations --33,537 28,919 -28,919 Capital Outlay 334,205 -955,773 901,500 -901,500 Transfers Out 673,000 ----- Rounding (2)(1)---- Total Expenditures 1,007,203 (1) 989,310 930,419 -930,419 Net Income (Loss)(470,535) 379,427 (593,140) (9,156)-(9,156) Beginning Fund Balance 703,829 233,294 612,721 19,581 10,425 19,581 Ending Fund Balance 233,294 612,721 19,581 10,425 10,425 10,425 Attachment B 56 56 TOWN OF ESTES PARK STREET IMPROVEMENT FUND SUMMARY BY DEPARTMENT BUDGET AMENDMENT #2 2017 Actual 2018 Actual 2019 EOY Estimate 2020 Original Amendment 2020 Amended REVENUE Taxes 1,661,271 1,805,171 1,892,015 2,009,585 - 2,009,585 Intergovernmental ------ Charges for Services ------ Rental Income ------ Investment Income 54,498 78,967 15,000 40,000 -40,000 Miscellaneous 6 ----- Transfers In 1,103,000 ----- Debt Proceeds ------ Departmental Revenues ------ Total Revenues 2,818,775 1,884,138 1,907,015 2,049,585 - 2,049,585 Street Improvement Operations 1,818,796 601,201 701,633 727,835 -727,835 Capital Outlay 111,179 2,059,154 4,180,312 1,336,100 - 1,336,100 Transfers Out -- ---- Rounding 1- ---- Total Expenditures 1,929,976 2,660,355 4,881,945 2,063,935 - 2,063,935 Net Income (Loss)888,799 (776,217) (2,974,930) (14,350)-(14,350) Beginning Fund Balance 3,445,370 4,334,169 3,557,952 583,022 568,672 583,022 Ending Fund Balance 4,334,169 3,557,952 583,022 568,672 568,672 568,672 Attachment B 57 57 TOWN OF ESTES PARK POWER AND COMMUNICATIONS FUND SUMMARY BY DEPARTMENT BUDGET AMENDMENT #2 2017 Actual 2018 Actual 2019 EOY Estimate 2020 Original Amendment 2020 Amended REVENUE Taxes ------ Intergovernmental 1,031,202 3,344 ---- Charges for Services 15,915,519 16,787,139 17,023,722 18,329,373 - 18,329,373 Rental Income 292 ----- Investment Income 87,206 165,002 64,000 120,000 -120,000 Miscellaneous 472,396 322,017 134,578 112,500 -112,500 Transfers In 365,703 2,139,306 ---- Debt Proceeds -- 33,358,267 --- Departmental Revenues ------ Total Revenues 17,872,318 19,416,808 50,580,567 18,561,873 - 18,561,873 Source of Supply 7,350,123 7,670,249 7,554,806 7,983,854 - 7,983,854 Distribution 4,356,498 4,480,158 4,140,905 4,329,144 - 4,329,144 Customer Accounts 445,111 478,638 449,154 451,758 -451,758 Admin & General 2,460,966 2,252,805 2,382,807 2,302,700 - 2,302,700 Debt Service 151,307 139,811 3,771,466 1,539,928 - 1,539,928 Broadband -- 1,040,000 816,972 -816,972 Capital Outlay 51,095 93,250 28,473,279 1,685,000 - 1,685,000 Transfers Out 1,646,929 1,731,228 1,772,928 1,720,029 - 1,720,029 Rounding -1 ---- Total Expenditures 16,462,029 16,846,140 49,585,345 20,829,385 - 20,829,385 Net Income (Loss)1,410,289 2,570,668 995,222 (2,267,512)- (2,267,512) Beginning Fund Balance 8,328,795 8,325,317 8,969,681 9,964,903 7,697,391 9,964,903 Ending Fund Balance 9,739,084 10,895,985 9,964,903 7,697,391 7,697,391 7,697,391 Attachment B 58 58 TOWN OF ESTES PARK WATER FUND SUMMARY BY DEPARTMENT BUDGET AMENDMENT #2 2017 Actual 2018 Actual 2019 EOY Estimate 2020 Original Amendment 2020 Amended REVENUE Taxes ------ Intergovernmental (1,395) (2,959)---- Charges for Services 5,410,607 6,627,848 5,677,964 6,173,376 - 6,173,376 Rental Income -4,000 ---- Investment Income 60,028 142,126 30,000 105,000 -105,000 Miscellaneous 278,116 75,167 40,000 440,250 -440,250 Transfers In - 551,956 ---- Debt Proceeds --20,000 458,000 -458,000 Departmental Revenues ------ Total Revenues 5,747,356 7,398,138 5,767,964 7,176,626 - 7,176,626 Source of Supply 98,192 106,625 202,200 202,200 -202,200 Purification 876,336 986,706 1,132,927 1,164,367 - 1,164,367 Distribution 2,624,412 2,435,980 1,589,206 1,933,551 - 1,933,551 Customer Accounts 351,088 338,156 298,992 257,185 -257,185 Admin & General 643,529 780,028 799,587 852,070 -852,070 Debt Service 123,081 118,454 410,270 396,355 -396,355 Capital Outlay 18,931 9,145 4,549,001 2,439,500 - 2,439,500 Transfers Out 121,820 144,696 149,042 138,536 -138,536 Rounding ------ Total Expenditures 4,857,389 4,919,790 9,131,225 7,383,764 - 7,383,764 Net Income (Loss)889,967 2,478,348 (3,363,261) (207,138)- (207,138) Beginning Fund Balance 5,473,725 6,470,992 6,820,619 3,457,358 3,250,220 3,457,358 Ending Fund Balance 6,363,692 8,949,340 3,457,358 3,250,220 3,250,220 3,250,220 Attachment B 59 59 TOWN OF ESTES PARK MEDICAL INSURANCE FUND SUMMARY BY DEPARTMENT BUDGET AMENDMENT #2 2017 Actual 2018 Actual 2019 EOY Estimate 2020 Original Amendment 2020 Amended REVENUE Taxes ------ Intergovernmental ------ Charges for Services 2,343,365 2,546,120 2,447,907 2,469,328 - 2,469,328 Rental Income ------ Investment Income 5,885 23,158 3,500 20,000 -20,000 Miscellaneous 506 23,980 -250 -250 Transfers In ------ Debt Proceeds ------ Departmental Revenues ------ Total Revenues 2,349,756 2,593,258 2,451,407 2,489,578 - 2,489,578 Medical Insurance Fund Operations 1,904,193 2,132,406 2,352,416 2,493,000 - 2,493,000 Rounding -(2)---- Total Expenditures 1,904,193 2,132,404 2,352,416 2,493,000 - 2,493,000 Net Income (Loss)445,563 460,854 98,991 (3,422)-(3,422) Beginning Fund Balance 243,637 732,949 1,193,803 1,292,794 1,289,372 1,292,794 Ending Fund Balance 689,200 1,193,803 1,292,794 1,289,372 1,289,372 1,289,372 Attachment B 60 60 TOWN OF ESTES PARK FLEET MAINTENANCE FUND SUMMARY BY DEPARTMENT BUDGET AMENDMENT #2 2017 Actual 2018 Actual 2019 EOY Estimate 2020 Original Amendment 2020 Amended REVENUE Taxes ------ Intergovernmental -515 ---- Charges for Services 456,458 487,938 502,053 506,219 -506,219 Rental Income ------ Investment Income 2,098 4,852 1,000 1,547 -1,547 Miscellaneous 3,897 2,194 ---- Transfers In ------ Debt Proceeds -- ---- Departmental Revenues ------ Total Revenues 462,453 495,499 503,053 507,766 -507,766 Fleet Maintenance 392,357 402,937 465,516 458,541 -458,541 Capital Outlay --44,000 400,000 -400,000 Rounding -- ---- Total Expenditures 392,357 402,937 509,516 858,541 -858,541 Net Income (Loss)70,096 92,562 (6,463) (350,775)- (350,775) Beginning Fund Balance 285,138 363,419 459,365 452,902 102,127 452,902 Ending Fund Balance 355,234 455,981 452,902 102,127 102,127 102,127 Attachment B 61 61 TOWN OF ESTES PARK INFORMATION SYSTEMS TECHNOLOGY FUND SUMMARY BY DEPARTMENT BUDGET AMENDMENT #2 2017 Actual 2018 Actual 2019 EOY Estimate 2020 Original Amendment 2020 Amended REVENUE Taxes ------ Intergovernmental 5,900 8 ---- Charges for Services 611,055 719,629 841,731 892,729 -892,729 Rental Income ------ Investment Income 6,339 5,457 5,000 5,000 -5,000 Miscellaneous 2,073 3,219 1,500 1,000 -1,000 Transfers In -- ---- Debt Proceeds -- ---- Departmental Revenues ------ Total Revenues 625,367 728,313 848,231 898,729 -898,729 IT Operations 609,392 668,724 768,216 799,656 -799,656 Capital Outlay --89,000 80,000 -80,000 Transfers Out 365,703 ----- Rounding ------ Total Expenditures 975,095 668,724 857,216 879,656 -879,656 Net Income (Loss)(349,728) 59,589 (8,985) 19,073 -19,073 Beginning Fund Balance 591,255 223,862 275,038 266,053 285,126 266,053 Ending Fund Balance 241,527 283,451 266,053 285,126 285,126 285,126 Attachment B 62 62 TOWN OF ESTES PARK VEHICLE REPLACEMENT FUND SUMMARY BY DEPARTMENT BUDGET AMENDMENT #2 2017 Actual 2018 Actual 2019 EOY Estimate 2020 Original Amendment 2020 Amended REVENUE Taxes ------ Intergovernmental ------ Charges for Services 869,624 270,793 455,898 478,139 -478,139 Rental Income ------ Investment Income 12,517 13,291 10,000 750 -750 Miscellaneous 45,460 59,970 ---- Transfers In ------ Debt Proceeds ------ Departmental Revenues ------ Total Revenues 927,601 344,054 465,898 478,889 -478,889 Fleet Replacement Operations 605,410 321,074 ---- Capital Outlay 381,415 125 532,214 176,450 -176,450 Transfers Out - 2,691,262 ---- Rounding -- ---- Total Expenditures 986,825 3,012,461 532,214 176,450 -176,450 Net Income (Loss)(59,224) (2,668,407) (66,316) 302,439 -302,439 Beginning Fund Balance 2,865,183 3,322,783 311,372 245,056 547,495 245,056 Ending Fund Balance 2,805,959 654,376 245,056 547,495 547,495 547,495 Attachment B 63 63 TOWN OF ESTES PARK RISK MANAGEMENT FUND SUMMARY BY DEPARTMENT BUDGET AMENDMENT #2 2017 Actual 2018 Actual 2019 EOY Estimate 2020 Original Amendment 2020 Amended REVENUE Taxes ------ Intergovernmental ------ Charges for Services --273,947 307,344 -307,344 Rental Income ------ Investment Income ------ Miscellaneous ------ Transfers In ------ Debt Proceeds ------ Departmental Revenues ------ Total Revenues --273,947 307,344 -307,344 Risk Management Operations --273,947 307,344 -307,344 Rounding -- ---- Total Expenditures --273,947 307,344 -307,344 Net Income (Loss)-- ---- Beginning Fund Balance -- ---- Ending Fund Balance -- ---- Attachment B 64 64 TOWN OF ESTES PARK PARKING SERVICES FUND SUMMARY BY DEPARTMENT BUDGET AMENDMENT #2 2017 Actual 2018 Actual 2019 EOY Estimate 2020 Original Amendment 2020 Amended REVENUE Taxes ------ Intergovernmental ------ Charges for Services ----554,400 554,400 Rental Income ------ Investment Income ------ Miscellaneous ------ Transfers In ----185,709 185,709 Debt Proceeds ------ Departmental Revenues ------ Total Revenues ----740,109 740,109 Parking Services Operations ----681,232 681,232 Rounding -- ---- Total Expenditures ----681,232 681,232 Net Income (Loss)----58,877 58,877 Beginning Fund Balance -- ---- Ending Fund Balance ----58,877 58,877 Attachment B 65 65       66 66 FINANCE DEPARTMENT Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Machalek From: Duane Hudson, Finance Director Date: January 14, 2020 RE: Revisions to the Intergovernmental Agreements with the Estes Valley Library District (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Renew the intergovernmental agreements between the Town and the Estes Valley Public Library District (Library) for accounting services and participation in eligible Town employee benefit programs. Present Situation: The current intergovernmental agreement between the Town and the Library combined accounting services and participation in eligible Town employee benefits into one intergovernmental agreement (IGA). This IGA automatically renewed annually until terminated by either party. The Library is currently in the process of implementing its own separate accounting program, expected to begin in Jan 2020. To facilitate this transition, the Library would like to run parallel with the Town’s accounting system for the first three months in 2020 and then go to an hourly basis for additional accounting assistance, such as assistance with the annual audit. However, the Library would like to continue to participate in Town employee benefit programs renewable annually as in the past. Proposal: To accomplish this, two separate IGA’s have been drafted, one addressing the accounting services with the specified monthly accounting service terms ending July 31, 2020 and the second separately addressing the continuation of participating in Town employee benefit programs with annual renewal terms until terminated by either party. These IGA’s have been reviewed by the Finance Department and approved by the Town Attorney as well as appropriate Library staff. 67 67 Advantages: These IGA’s continue to provide necessary accounting services and assistance to the Library during this transition period for a reasonable monthly service fee. The benefit IGA allows the Library to continue to offer benefits to their employees, enhancing the Library’s ability to attract and retain quality employees, with a benefit administration fee of 3% of the health insurance premium. The two IGA’s demonstrate the commitment of both the Town and the Library to providing quality services to our common community members. Disadvantages: Disadvantages are limited due to the current ongoing obligations under the existing IGA’s. Action Recommended: Staff recommends approval of the IGA’s as presented. Finance/Resource Impact: 101-1500-341-22-04 Accounting Services Revenue – Increase by $4,644 The 2020 budget was prepared with this transition in mind, not reflecting any accounting services revenues since the transition period and plans were unclear at the time it was drafted. Level of Public Interest No public comment has been received regarding these IGA’s. Sample Motion: I move for the approval/denial of the two IGA’s between the Town of Estes Park and the Estes Valley Public Library District for accounting services and employee benefit participation. Attachments: Attachment A – IGA – Accounting Services Attachment B – IGA – Employee Benefit Participation 68 68 ‐1‐  ATTACHMENT A – IGA – ACCOUNTING SERVICES    INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT effective the 1st day of January, 2020, by and between the TOWN OF ESTES PARK, a Municipal Corporation, hereinafter referred to as the ("Town") and the Estes Valley Public Library District, a quasi-municipal corporation and political subdivision in the State of Colorado, hereinafter referred to as the ("District''). WHEREAS, the Town operates a finance office and administrative services office; and WHEREAS, the District desires to contract with the Town for certain accounting services; and WHEREAS, Section 29-1-203, C.R.S., provides that the parties may cooperate or contract with one another to provide functions and services lawfully authorized to the individual entity; and WHEREAS, pursuant to the applicable statutes of the State of Colorado, the parties are authorized to enter into this Intergovernmental Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING AND THE COVENANTS AND AGREEMENTS HEREIN CONTAINED, THE PARTIES HEREBY AGREE AS FOLLOWS: 1. The Town shall provide accounting services for a period of three months (January through March 2020), plus assistance with the 2019 annual audit by independent auditors. Said services are more fully set forth on Exhibit A attached hereto and incorporated herein by reference. 2. The District shall pay to the Town for the services on Exhibit A the sum of $1,548.00 per month for January - March 2020. The sum is payable on the first day of each calendar month from the effective date of this Agreement. If additional services are needed after March 31, 2020, the District shall pay $65.00 per hour for such services. 3. The District shall provide the necessary financial and billing information necessary to allow the Town to perform the services set forth on Exhibit A. 4. The parties understand and agree that the information provided from the District to the Town shall be used by the Town only in the services to be provided in this Agreement. The Town hereby agrees not to provide any portion of said information to any third party without the express written consent of the District. The parties understand and agree that both the District and the Town are subject to the applicable provisions of Article 72 of Title 24, C.R.S., commonly known as the Public Records Law. In the event the Town receives a request for information from the District or the 69 69 ‐2‐  ATTACHMENT A – IGA – ACCOUNTING SERVICES    requested information is a product of the Town's services pursuant to this Agreement, the Town shall inform the District of the request. The District shall consult with the Town immediately to determine whether or not the request shall be honored under the applicable terms and conditions of the Public Records law. The parties agree that the Town shall comply with any order of any Court requiring release of information. The District shall reimburse the Town for any attorney’s fees or other costs or damages assessed against the Town under the law for withholding such information. 5. This Agreement shall be for the period from the effective date hereof through July 31, 2020. Either party may terminate this Agreement by giving thirty (30) days’ notice of termination in writing to the other party. The District shall pay the Town all payments due through the date of termination. 6. This Agreement contains the entire agreement between the parties and may be amended by the parties only in writing. 7. The District is not an agent or employee of the Town and the Town is not an agent or employee of the District for any of the terms, conditions or services provided under the terms of this Agreement. 8. The Town and the District will provide each other with prompt notice of any claim, lien, suit, demand or action for damages, injuries to persons, including death, property damage, including loss of use arising out of or resulting from performance under this Agreement, and in the event of a claim or action which is filed, each party may employ attorneys of its own choosing to prepare and defend the claim or action on its behalf. 9. All notices, demands or other documents required or desired to be given, made or sent to either party, under this Agreement shall be in writing, shall be deemed effective upon mailing or personal delivery. If mailed, said notice shall be mailed, postage prepaid registered as follows: Town of Estes Park Town Administrator P.O. Box 1200 Estes Park, CO 80517 Estes Valley Public Library District Executive Director P.O. Box 1687 Estes Park, CO 80517 10. This Agreement shall be construed in accordance with the laws of the State of Colorado, and venue for any civil action with respect thereto shall be proper only in Larimer County, Colorado. 70 70 ‐3‐  ATTACHMENT A – IGA – ACCOUNTING SERVICES    11. The parties to this Agreement understand and agree that the parties are relying on, and do not waive or intend to waive, by any provisions of this Agreement, the monetary limitations or terms, or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101, et. Seq., C.R.S., as from time to time amended or otherwise available to the parties or any of their officers, agents or employees. 12. This Agreement shall be binding upon the successors and assigns of the parties hereto. This Agreement may not be assigned by either party hereto without the prior written consent of the other party. 13. The parties understand and agree that the sums necessary to pay for the services herein shall be subject to the annual budgetary process of the District. The financial obligation of the District shall not be a multi-year financial obligation under Article X, Section 20 of the Colorado Constitution. The District shall have the right to terminate this Agreement in the event that the District's governing body fails to appropriate monies sufficient for the continued performance of this Agreement. 14. In the event of default under this Agreement by either party except as provided in Section 5 herein, the non-defaulting party shall give the defaulting party written notice of said default. The defaulting party shall have thirty (30) days to cure such default. In the event the defaulting party does not cure the default, the non- defaulting party shall be entitled to all remedies available by law or equity, including reasonable attorney's fees and costs incurred by the non-defaulting party due to said default. TOWN OF ESTES PARK: Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ESTES VALLEY PUBLIC LIBRARY DISTRICT: 71 71 ‐4‐  ATTACHMENT A – IGA – ACCOUNTING SERVICES    Director EXHIBIT A Scope of Services 1) General Accounting Functions: 2019 Year End close Processing of cash receipts General journal entry Monthly financial reporting Assist with annual audit by independent auditors 2) Accounts Payable: Processing of payments to vendors in HTE only (no printed checks) 2019 1099 form reporting and issuance 72 72 1 Attachment B – IGA - Benefits INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT effective the 1st day of January, 2020, by and between the TOWN OF ESTES PARK, a Municipal Corporation, hereinafter referred to as the ("Town") and the Estes Valley Public Library District, a quasi-municipal corporation and political subdivision in the State of Colorado, hereinafter referred to as the ("District"). WHEREAS, the Town operates a finance office and administrative services office; and WHEREAS, the District desires to contract with the Town for benefits administration; and WHEREAS, Section 29-1-203, C.R.S., provides that the parties may cooperate or contract with one another to provide functions and services lawfully authorized to the individual entity; and WHEREAS, pursuant to the applicable statutes of the State of Colorado, the parties are authorized to enter into this Intergovernmental Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING AND THE COVENANTS AND AGREEMENTS HEREIN CONTAINED, THE PARTIES HEREBY AGREE AS FOLLOWS: 1. The Town shall provide benefits administration to the District as said services are more fully set forth on Exhibit A attached hereto and incorporated herein by reference. District Employee Benefit Plans: To the extent permitted by law and the terms of third-party provider agreements, the Town shall allow District employees to be covered for all current Town benefits. The District shall have the option to select the individual Town benefit plans in which its employees shall be covered. This selection shall be on an annual basis with the District providing the Town its selection of benefit plans on or before November 1 of each year to be effective January 1 of the next year. The selection of individual benefit plans shall be subject to the written approval of the Town, which approval shall not be unreasonably withheld. 73 73 2 Attachment B – IGA - Benefits The parties agree that no retirement benefit plans for District employees are provided by the Town to the District in this Agreement. District employees shall only mean employees of the District and not members of the District's governing board. In administering the benefit plans for the District, the Town pays the appropriate sums for District employees to its third-party providers at the beginning of each calendar month. The Town will invoice the District for those payments. The District agrees to reimburse the Town for those payments within thirty (30) days of receipt of the reimbursement invoice from the Town. It is specifically understood by the District, that in the event that the reimbursement payment is not made to the Town within said thirty (30) day period, the Town shall have the right to provide the District with a twenty (20) day notice of its intent to terminate District employees from participation in the applicable benefit plans. If the District does not pay the reimbursement amount within said twenty (20) day notice period, the Town shall have the right to immediately terminate participation of the District employees from all benefit plans administered by the Town for the District pursuant to the terms of this Agreement. ꞏ The District understands and agrees that the Town shall not be responsible for any human resource/personnel matters as part of its benefit administration. Neither the District nor its employees shall seek advice or counsel from the Town with regard to any human resource/personnel issues concerning District employees. The District specifically waives any claim against the Town and any individual employee, consultant, agent, or volunteer of the Town for any act or omission in the performance or non-performance of its benefit administration for District employees. 2. The District shall pay to the Town for the services on Exhibit A the sum of 3% of the medical insurance premiums as a benefits administrative fee per month. The sum is payable on the first day of each calendar month from the effective date of this Agreement. 3. The District shall provide the necessary financial and billing information necessary to allow the Town to perform the services set forth on Exhibit "A". 4. The parties understand and agree that the information provided from the District to the Town shall be used by the Town only in the services to be provided in this Agreement. The Town hereby agrees not to provide any portion of said information to any third party without the express written consent of the District. The parties understand and agree that both the District and the Town are subject to the applicable provisions of Article 72 of Title 24, C.R.S., commonly known as the Public Records Law. In the event the Town receives a request for information from 74 74 3 Attachment B – IGA - Benefits the District or the requested information is a product of the Town's services pursuant to this Agreement the Town shall inform the District of the request. The District shall consult with the Town immediately to determine whether or not the request shall be honored under the applicable terms and conditions of the Public Records law. The parties agree that the Town shall comply with any order of any Court requiring release of information. The District shall reimburse the Town for any attorney’s fees or other costs or damages assessed against the Town under the law for withholding such information. 5. This Agreement shall be for the period from the effective date hereof through December 31, 2020. This Agreement shall automatically renew for additional one-year periods commencing January 1 of each year unless terminated by either party hereto. Either party may terminate this Agreement by giving thirty (30) days’ notice of termination in writing to the other party. The District shall pay the Town all payments due through the date of termination. 6. This Agreement contains the entire agreement between the parties and may be amended by the parties only in writing. 7. The District is not an agent or employee of the Town and the Town is not an agent or employee of the District for any of the terms, conditions or services provided under the terms of this Agreement. 8. The Town and the District will provide each other with prompt notice of any claim, lien, suit, demand or action for damages, injuries to persons, including death, property damage, including loss of use arising out of or resulting from performance under this Agreement, and in the event of a claim or action which is filed, each party may employ attorneys of its own choosing to prepare and defend the claim or action on its behalf. 9. All notices, demands or other documents required or desired to be given, made or sent to either party, under this Agreement shall be in writing, shall be deemed effective upon mailing or personal delivery. If mailed, said notice shall be mailed, postage prepaid registered as follows: Town of Estes Park Town Administrator P.O. Box 1200 Estes Park, CO 80517 75 75 4 Attachment B – IGA - Benefits Estes Valley Public Library District Executive Director P.O. Box 1687 Estes Park, CO 80517 10. This Agreement shall be construed in accordance with the laws of the State of Colorado, and venue for any civil action with respect thereto shall be proper only in Larimer County, Colorado. 11. The parties to this Agreement understand and agree that the parties are relying on, and do not waive or intend to waive, by any provisions of this Agreement, the monetary limitations or terms or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101, et. Seq., C.R.S., as from time to time amended or otherwise available to the parties or any of their officers, agents or employees. 12. This Agreement shall be binding upon the successors and assigns of the parties hereto. This Agreement may not be assigned by either party hereto without the prior written consent of the other party. 13. The parties understand and agree that the sums necessary to pay for the services herein shall be subject to the annual budgetary process of the District. The financial obligation of the District shall not be a multi-year financial obligation under Article X, Section 20 of the Colorado Constitution. The District shall have the right to terminate this Agreement in the event that the District's governing body fails to appropriate monies sufficient for the continued performance of this Agreement. 14. In the event of default under this Agreement by either party except as provided in Section 5 herein, the non-defaulting party shall give the defaulting party written notice of said default. The defaulting party shall have thirty (30) days to cure such default. In the event the defaulting party does not cure the default, the non- defaulting party shall be entitled to all remedies available by law or equity, including reasonable attorney's fees and costs incurred by the non-defaulting party due to said default. TOWN OF ESTES PARK: ATTEST: Mayor Town Clerk 76 76 5 Attachment B – IGA - Benefits APPROVED AS TO FORM: Town Attorney ESTES VALLEY PUBLIC LIBRARY DISTRICT: Director 77 77 6 Attachment B – IGA - Benefits EXHIBIT A Scope of Services 1) District Employee Benefits Functions: Administering benefits per the Town Benefit plan as outlined in the 2020 Town of Estes Park Benefits Guide, with the exception of the following: Retirement, Employee Home Ownership Program, Child Care Assistant Program, Paid Time Off and Contributions. 78 78 Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Machalek From: Randy Hunt, Community Development Director Date: January 14, 2020 RE: Professional Services Contract with SAFEBuilt Colorado, LLC for Building Safety Services, (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Review and approve a Professional Services Contract with SAFEBuilt Colorado, LLC for building safety services on behalf of the Town. The contract would be for Calendar Year (CY) 2020, beginning (retroactively) Jan. 1 and ending Dec. 31, with option for renewal. Present Situation: Town Board is aware that many concerns were being expressed in 2018 and 2019 with the Building Division’s service delivery. In 2019, the Town executed a Professional Services Contract with SAFEBuilt to address these concerns and improve services. This contract began in February 2019 and was augmented and expanded at several subsequent points through the rest of the year. Staff believes this model has continually proven to be successful. Concerns from contractors, builders, and citizens, while never reaching absolute zero, have declined dramatically under the SAFEBuilt contract. If there is a single key word for our positive Building-division experience since Spring 2019, that word is “stability.” The value for builders and citizens of knowing what to expect in the building regulatory process can’t be overestimated. We would add that the plan-review turnaround times set by Town Board in February have been consistently met by SAFEBuilt. COMMUNITY DEVELOPMENT 79 79 Proposal: The current proposal for a 2020 contract essentially continues the level and type of service SAFEBuilt has been providing in 2019, including staffing with most or all of the same personnel. Similarities also include retaining the Permit Technician as a Town staff member. However, there are two differences from 2019 to 2020 (both of which were outlined briefly at your Oct. 22 Study Session): a. The payment structure is different. The 2019 contract is a traditional hourly-rate model, in which different SAFEBuilt staff members are paid at various hourly rates, depending on duties, experience, credentials, etc. The 2020 model entails paying SAFEBuilt a fixed percentage of building-permit revenues – 82 percent. The other 18 percent is retained in General Fund. This percentage method makes our accounting slightly more complex, but Finance has raised no concerns. The percentage model means that if revenues either decline or increase, SAFEBuilt’s staffing and resource allocation would be able to change accordingly. (Although building-permit fees do not have an exact linear correlation with staff and resource demands, the relationship is close.) Our staff discussions with Town of Timnath and other SAFEBuilt municipalities indicate that the percentage method works well for them. b. The SAFEBuilt contract in 2020 comes with a complete building-permit software solution – Community Core (see Exhibit C in contract) – hosted and maintained by SAFEBuilt but transparent and accountable to Town personnel. This is a vast improvement over our current PTWin software system, which is overdue for a gracefully quick retirement. SAFEBuilt and staff have already had preliminary discussions to ensure this system running for us ASAP after the contract is executed. The contract calls for a $10,000 payment to SAFEBuilt as a one-time expense in 2020; after that, the software is bundled with the other services with no separate ongoing cost. Community Development staff have reviewed the fiscal details in the contract with Finance, comparing them to the traditional in-house staffing and resource model. It appears that the contract approach will end up with a balance similar to the traditional model – i.e., we don’t expect to gain or lose much money by going this route. A separate budget amendment to address financial aspects is also on tonight’s agenda. The contract is drafted with a Jan. 1, 2020 start date. The retroactive element is mainly so that the Community Core software coding before mind-January can be recompensed. We have executed an extension of our current hourly-rate contract to provide staffing and resources through the end of January, but the software package is not available without the 2020 contract. The 2020 contract is set to end on Dec. 31, but has a provision for renewal. Staff believes a cautious approach is always reasonable the first year of a full-service contract like this one. If our experience should turn out to be negative, the option is always there to go back to a traditional in-house staffing / resource model – in 2021 or future years. 80 80 Advantages: Allows recent experience with personnel, procedures, timelines, and outcomes to continue in a stable and predictable fashion. The revenue-expenditure balance in Building division is not negatively affected. Disadvantages: There is always an argument for providing Town services through a Town staffing and resource model. Action Recommended: Staff recommends approval of the contract as drafted. Finance/Resource Impact: See preceding discussion. Staff’s best estimate is that the contract will be close to neutral balance for the Town, compared to the in-house staff service model. Level of Public Interest Medium: Interest in Building Division operations was high in the first half of 2019, especially in the contractor community. The Oct. 22 Town Board Study Session seemed to indicate many issues were being addressed by our 2019 contract with SAFEBuilt. Interest in this specific 2020 contract has been low. Sample Motions: 1. I move to approve the Professional Services Contract with SAFEBuilt Colorado, LLC for Building Safety Services for calendar year 2020. 2. I move to deny the Professional Services Contract with SAFEBuilt Colorado, LLC for Building Safety Services for calendar year 2020, finding that … [state findings for denial]. 3. I move to continue to the [date certain] Town Board meeting the Professional Services Contract with SAFEBuilt Colorado, LLC for Building Safety Services for calendar year 2020. [state reasons for continuance]. Attachments: 1. Professional Services Contract with SAFEBuilt Colorado, LLC for Building Safety Services Link 81 81 TOWN OF ESTES PARK, COLORADO PROFESSIONAL SERVICES AGREEMENT Building Department Service Including Code Compliant Plan Review and Inspection The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and SAFEbuilt Colorado, LLC, a Colorado corporation, whose address is 3755 Precision Drive, Suite 140, Loveland, Colorado 80538, make this Agreement this 1st day of January, 2020, at the Town of Estes Park, Colorado, considering the following facts and circumstances: 1 RECITALS: 1.1 Town desires to use the services of Consultant outlined in Consultant's Proposal; and 1.2 Consultant has agreed to provide the Services outlined in its Proposal, on the terms and conditions stated in this Agreement. 2 CONTRACT: This Agreement is a Contract, representing the entire and integrated agreement between the parties and supersedes any prior negotiations, written or oral representations and agreements. The Agreement incorporates the following Contract Documents. In resolving inconsistencies between two or more of the Contract Documents, they shall take precedence in the order enumerated, with the first listed Contract Document having highest precedence. The Contract Documents, except for Modifications issued after execution of this Agreement, are: 2.1 This Agreement; 2.2 Consultant's Proposal, containing three (3) pages and titled Exhibit A, SAFEbuilt Scope of Services and Cost Proposal; 2.3 Performance, containing one (1) page and titled Exhibit B, SAFEbuilt Performance; 2.4 Community Core Solutions Software, containing one (1) page and titled Exhibit C, Community Core Solutions Terms and Conditions; and 2.4 Insurance Certificates. 3 SCOPE OF SERVICES: Consultant shall provide and furnish at its own cost and expense all materials, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to provide its Services in strict accordance with the conditions and prices stated in the Contract Documents. 4 BEGINNING WORK AND COMPLETION SCHEDULE: The Consultant shall begin services under this Contract upon receiving Town’s notice to proceed. Consultant shall timely perform its Services, according to the Performance Schedule attached to and incorporated into this Contract or as otherwise directed by Town. 5 PRICE: The Town will pay Consultant for the performance of this Agreement, for Services performed as stipulated in Exhibit A, Consultant's Proposal. This Agreement does not create 82 TOWN OF ESTES PARK, COLORADO PROFESSIONAL SERVICES AGREEMENT a multiple fiscal year direct or indirect debt or other financial obligation. Each request for service shall incur a concurrent debt for that request only. All financial obligations of the Town under this Agreement are contingent upon appropriation, budgeting, and availability of specific funds to discharge such obligations. 6 TIME OF PAYMENTS TO CONSULTANT: Consultant shall bill its charges to Town periodically, but no more frequently than once a month. Each bill shall contain a statement of the time the primary employees spent on the project since the previous bill, a brief description of the Services provided by each such employee, and an itemization of direct expenses. Town will pay each such bill which it finds to be in accordance with this Agreement within forty- five (45) days of its receipt. If Town questions any part of a bill, finds any part of a bill does not conform to this Agreement, or claims the right to withhold payment of any part of a bill, it will promptly notify Consultant of the question, nonconformity or reasons for withholding. 7 QUALIFICATIONS ON OBLIGATIONS TO PAY: No partial payment shall be final acceptance or approval of that part of the Services paid for, or shall relieve Consultant of any of its obligations under this Agreement. Notwithstanding any other terms of this Agreement, Town may withhold any payment (whether a progress payment or final payment) to Consultant under the following conditions: 7.1 Consultant fails to promptly pay all bills for labor, material, or services of consultants furnished or performed by others to perform Services. 7.2 Consultant is in default of any of its obligations under this Agreement or any of the Contract Documents. 7.3 Any part of such payment is attributable to Services not conforming to this Agreement. (Town will pay for any part attributable to conforming Services). 7.4 Town, in its good faith judgment, determines that the compensation remaining unpaid will not be sufficient to complete the Services according to this Agreement. 8 CONSULTANT'S DUTIES: 8.1 Town enters into this Agreement relying on Consultant’s special and unique abilities to perform the Services. Consultant accepts the relationship of trust and confidence established between it and the Town by this Agreement. Consultant will use its best efforts, skill, judgment, and abilities. Consultant will further the interests of Town according to Town’s requirements and procedures, according to high professional standards. 8.2 Consultant has and will undertake no obligations, commitments, or impediments of any kind that will limit or prevent its performance of the Services, loyally, according to the Town's best interests. In case of any conflict between interests of Town and any other entity, Consultant shall fully and immediately disclose the issue to Town and, without Town's express approval, shall take no action contrary to Town's interests. 83 TOWN OF ESTES PARK, COLORADO PROFESSIONAL SERVICES AGREEMENT 8.3 Consultant’s Services under this Agreement shall be of at least the standard and quality prevailing among recognized professionals of expert knowledge and skill engaged in the Consultant's same profession under the same or similar circumstances. 8.4 Consultant's work, including drawings and other tangible work products provided to Town, will be accurate and free from any material errors, and will conform to the requirements of this Agreement. Town approval of defective drawings or other work shall not diminish or release Consultant's duties, since Town ultimately relies upon Consultant's skill and knowledge. 8.5 The Contract Documents determine whether the Consultant's Scope of Services includes detailed independent verification of data prepared or supplied by Town. Consultant will, nevertheless, call to Town's attention anything in any drawings, plans, sketches, instructions, information, requirements, procedures, or other data supplied to Consultant (by the Town or any other party) that Consultant knows, or reasonably should know, is unsuitable, improper, or inaccurate for Consultant's purposes. 8.6 Consultant shall attend such meetings on the work stated in this Agreement, as Town requires. Town will give reasonable notice of any such meetings, so Consultant may attend. Town will pay for any meeting time exceeding Consultant’s total estimate of included hours, according to Consultant’s fee schedule attached to Consultant’s proposal. 8.7 As applicable state and federal laws may require, Consultant will assign only persons duly licensed and registered to do work under this Agreement. 8.8 Consultant shall furnish efficient business administration and superintendence and perform the Services in the most efficient and economical manner consistent with the best interests of Town. 8.9 Consultant shall keep its books and records for Services and any reimbursable expenses according to recognized accounting principles and practices, consistently applied. Consultant shall make them available for the Town's inspection at all reasonable times. Consultant shall keep such books and records for at least three (3) years after completion of the Services. 9 TOWN'S DUTIES: 9.1 Town will provide full information to Consultant on Town's requirements in a timely manner. 9.2 Town will assist Consultant by providing such pertinent information available to Town, including maps, studies, reports, tests, surveys and other data, as Consultant specifically requests. 9.3 Town will examine all tests, reports, drawings, specifications, maps, plans and other documents presented by Consultant to Town for decisions. Town will obtain the advice 84 TOWN OF ESTES PARK, COLORADO PROFESSIONAL SERVICES AGREEMENT of other consultants, as the Town thinks appropriate. Town will give decisions to the Consultant in writing within a reasonable time. 9.4 Town will appoint a person to act as Town's representative on this Agreement. This person will have authority to issue instruction, receive information, interpret and define Town's policies and decisions on Consultant’s Services. 9.5 Town will give prompt written notice to the Consultant when the Town notices any development that affects the scope or timing of the Services. 10 USE OF FINAL PRODUCT: Consultant may have limited involvement after the completion of this Agreement and lacks control of the future use of Consultant's work. Except for deficiencies in Consultant’s performance under this Agreement, future use and interpretation of Consultant’s work is at the risk of Town or other users. 10.1 Consultant will keep record copies of all work product items delivered to Town. 11 OWNERSHIP OF DOCUMENTS AND OTHER MATERIALS: All drawings, specifications, computations, sketches, test data, survey results, renderings, models, and other materials peculiar to the Services of Consultant or Consultant’s consultants under this Agreement are property of Town, for its exclusive use and re-use at any time without further compensation and without any restrictions. Consultant shall treat all such material and information as confidential, and Consultant shall neither use any such material or information or copies on other work nor disclose such material or information to any other party without Town's prior written approval. Upon completion of Services, or at such other time as the Town requires, Consultant shall deliver to the Town a complete, reproducible set of all such materials. For copyright ownership under the Federal Copyright Act, Consultant conveys to Town and waives all rights, title and interest to all such materials in written, electronic or other form, prepared under this Agreement. Town shall have worldwide reprint and reproduction rights in all forms and in all media, free of any claims by the Consultant or its consultants and subcontractors. The Town's rights, granted above, in drawing details, designs and specifications that are Consultant's standard documents for similar projects, and in Consultant’s databases, computer software and other intellectual property developed, used or modified in performing Services under this Agreement are not exclusive, but joint rights, freely exercisable by either the Town or the Consultant. All design documents, including drawings, specifications, and computer software prepared by Consultant according to this Agreement comprise Consultant's design for a specific project. Neither party intends or represents them as suitable for reuse, by Town or others, as designs for extension of that same project or for any other project. Any such reuse without prior written verification or adaptation by Consultant for the specific purpose intended will be at user's sole risk and without liability or legal exposure to Consultant. Except as required for performance under this Agreement, Consultant's verification or adaptation of design documents will entitle Consultant to additional compensation at such rates as Consultant may agree. 12 CHANGE ORDERS: Town reserves the right to order work changes in the nature of additions, deletions, or modifications, without invalidating this Agreement, and agrees to make corresponding adjustments in the contract price and time for completion. All changes 85 TOWN OF ESTES PARK, COLORADO PROFESSIONAL SERVICES AGREEMENT will be authorized by a written change order signed by Town. Work shall be changed, and the contract price and completion time shall be modified only as set out in the written change order. Town shall issue no Change Order or other form of order or directive requiring additional compensable work that will cause the Price to exceed the amount approved. 13 SERVICE OF NOTICES: The parties may give each other required notices in person or by first class mail to their authorized representatives (or their successors) at the addresses listed below: TOWN OF ESTES PARK: Randy Hunt, Community Development Director Town of Estes Park PO Box 1200 Estes Park, CO 80517 CONSULTANT: Joe DeRosa, Interim CRO SAFEbuilt, LLC 3755 Precision Drive, Suite 140 Loveland, Colorado 80538 14 COMPLIANCE WITH LAW: Consultant will perform this Agreement in strict compliance with applicable federal, state, and municipal laws, rules, statutes, charter provisions, ordinances, and regulations (including sections of the Occupational Safety and Health Administration (OSHA) regulations, latest revised edition, providing for job safety and health protection for workers) and all orders and decrees of bodies or tribunals applicable to work under this Agreement. Consultant shall protect and indemnify Town against any claim or liability arising from or based on the violations of any such law, ordinance, regulation, order, or decree by itself or by its subcontractors, agents, or employees. Town assumes no duty to ensure that Consultant follows the safety regulations issued by OSHA. 15 PERMITS AND LICENSES: Consultant shall secure all permits and licenses, pay all charges, files, and taxes and give all notices necessary and incidental to the lawful prosecution of its Services. 16 PATENTED DEVICES, MATERIALS AND PROCESSES: Consultant shall hold and save harmless Town from all claims for infringement, by reason of use of any patented design, device, material, process, or trademark or copyright and shall indemnify Town for any costs, expenses, and damages, including court costs and attorney fees, incurred by reason of actual or alleged infringement during the prosecution or after completion of Services. 17 INSURANCE: Consultant shall, at its own costs, secure and continuously maintain through the term of this Agreement the minimum insurance coverages listed below, with forms and insurers acceptable to Town. In addition, Consultant shall maintain such coverages for the insurance listed in Paragraphs 17.1, 17.3 and 17.4 for two additional years. For any claims- made policy, Consultant shall include the necessary retroactive dates and extended reporting periods to maintain continuous coverage. 17.1 Professional liability/errors and omissions for at least $1,000,000. 17.2 Workers' compensation according to the Workers' Compensation Act of the State of Colorado and Employer's liability with limits of at least $500,000. 86 TOWN OF ESTES PARK, COLORADO PROFESSIONAL SERVICES AGREEMENT 17.3 General liability, including contractual liability, of at least $1,000,000 per each occurrence plus an additional amount adequate to pay related attorneys’ fees and defense costs. Coverage shall include bodily injury, property damage, personal injury, and contractual liability. 17.4 Comprehensive automobile liability with minimum limits for bodily injury and property damage coverage of at least $1,000,000 per each occurrence plus an additional amount adequate to pay related attorneys' fees and defense costs, for each of Consultant's owned, hired or non-owned vehicles assigned to or used in performance of this Agreement. 17.5 Valuable papers insurance in an amount adequate to assure the restoration of any plans, drawings, field notes, or other similar data related to the services covered by this Agreement in case of their loss or destruction. 17.6 The required general liability and comprehensive automobile liability policies shall contain endorsements to include Town and its officers and employees as additional insureds. The required professional liability and workers’ compensation policies or coverages shall not contain endorsements including Town, its officers or employees as additional insureds. Every policy required above shall be primary insurance. Any insurance or self-insurance benefits carried by Town, its officers, or its employees, shall be excess and not contributory to that provided by Consultant. 17.7 Consultant shall, upon request, provide Town a certified copy of each required policy. 17.8 As evidence of the insurance coverages required by this Agreement, before beginning work under this Agreement, Consultant shall furnish certificates of insurance certifying that at least the minimum coverages required here are in effect and specifying the liability coverages (except for professional liability) are written on an occurrence form to: Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 Attention: Community Development Director With the exception of professional liability and workers’ compensation, policy or policies providing insurance as required will defend and include the Town, its Board, officers, agents and employees as additional insureds on a primary basis for work performed under or incidental to this Contract. Required insurance policies shall be with companies qualified to do business in Colorado with a general policyholder’s financial rating acceptable to the Town. The policies shall not be cancelable or subject to reduction in coverage limits or other modification except after thirty (30) days prior written notice to the Town. Comprehensive general and automobile policies shall be for the mutual and joint benefit and protection of the Consultant and the Town. These policies shall provide that the Town, although named as an additional insured, shall nevertheless be entitled to recover under said policies for any loss occasioned to it, its officers, employees, and agents by reason of acts or omissions of the Consultant, its 87 TOWN OF ESTES PARK, COLORADO PROFESSIONAL SERVICES AGREEMENT officers, employees, agents, sub-consultants, or business invitees. They shall be written as primary policies not contributing to and not in excess of coverage the Town may carry. 17.9 If Consultant is self-insured under the laws of the State of Colorado, Consultant shall provide appropriate declarations and evidence of coverage. 17.10 Consultant shall not cancel, change, or fail to renew required insurance coverages. Consultant shall notify Town's risk manager of any reduction or exhaustion of aggregate limits, which Town may deem to be a breach of this Agreement. 17.11 Town relies on, and does not waive or intend to waive, by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, § 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to the parties, their officers, or their employees. 17.12 If any insurance required here is to be issued or renewed on a claims-made form as opposed to an occurrence form, the retroactive date for coverage will be no later than the commencement date of the project and will state that in the event of cancellation or nonrenewal, the discovery period for insurance claims (tail coverage) will be at least 72 months. 17.13 Consultant shall not cancel, non-renew or cause insurance to be materially changed or replaced by another policy without prior approval by Town. 18 INDEMNIFICATION: 18.1 Consultant and its agents, principals, officers, partners, employees, and subcontractors ("Indemnitors") shall and do agree to indemnify, protect, and hold harmless Town, its officers, employees, and agents ("Indemnitees") from all claims, damages, losses, liens, causes of actions, suits, judgments, and expenses (including attorneys’ fees), of any nature, kind, or description ("Liabilities") by any third party arising out of, caused by, or resulting from any Services under this Agreement if such Liabilities are: (1) attributable to bodily injury, personal injury, sickness, disease, or death of any person, or to the injury or destruction of any tangible property (including resulting loss of use or consequential damages) and (2) caused, in whole or in part, by any error, omission or negligent act of Consultant, anyone directly or indirectly employed by it, or anyone for whose acts Consultant may be liable. 18.2 If more than one Indemnitor is liable for any error, omission or negligent act covered by this Agreement, each such Indemnitor shall be jointly and severally liable to the Indemnitees for indemnification and the Indemnitors may settle ultimate responsibility among themselves for the loss and expense of any such indemnification by separate proceedings and without jeopardy to any Indemnitee. This Agreement shall not eliminate or reduce any other right to indemnification or other remedy the Town, or any of the Indemnitees, may have by law. 88 TOWN OF ESTES PARK, COLORADO PROFESSIONAL SERVICES AGREEMENT 18.3 As part of this indemnity obligation, Consultant shall compensate Town for any time the Town Attorney's Office and other counsel to Town reasonably spend on such claims or actions at the rates generally prevailing among private practitioners in the Town of Estes Park for similar services. This obligation to indemnify Town shall survive the termination or expiration of this Agreement. 19 INDEPENDENT CONTRACTOR: Consultant shall perform all Services under this Agreement as an independent contractor, and not as an agent or employee of Town. No employee or official of Town shall supervise Consultant. Consultant shall exercise no supervision over any employee or official of Town. Consultant shall not represent that it is an employee or agent of Town in any capacity. Consultant’s officers, employees and agents are not entitled to Workers' Compensation benefits and is obligated to pay federal and state income tax on money earned under this Agreement. Except as this Agreement expressly states, Consultant shall, at its sole expense, supply all buildings, equipment and materials, machinery, tools, superintendence, personnel, insurance and other accessories and Services necessary. This Agreement is not exclusive; subject the terms of this Agreement, Town and Consultant may each contract with other parties. 20 PROVISIONS CONSTRUED AS TO FAIR MEANING: Any tribunal enforcing this Agreement shall construe its terms as to their fair meaning, and not for or against any party based upon any attribution to either party. 21 HEADINGS FOR CONVENIENCE: All headings, captions and titles are for convenience and reference only and of no meaning in the interpretation or effect of this Agreement. 22 NO THIRD-PARTY BENEFICIARIES: The parties intend no third-party beneficiaries under this Agreement. Any person besides Town or Consultant receiving services or benefits under this Agreement is an incidental beneficiary only. 23 TOWN’S RIGHT TO BAR PERSONNEL FROM WORK SITE: For conduct the Town (in its sole discretion) decides may violate applicable laws, ordinances rules or regulations, or may expose Town to liability or loss, Town may bar any person (including Consultant's and Subcontractor's employees) from Town's work sites. Such a bar shall not require any employee's discharge from employment, but shall merely prohibit the employee's presence at Town’s work sites. Such a bar shall not warrant an increase in contract time or Price. 24 WAIVER: No waiver of any breach or default under this Agreement shall waive any other or later breach or default. 25 TERM: This Contract shall commence on January 1, 2020 and shall continue through December 31, 2020 with the option of four (4) additional renewals, on an annual basis, upon agreement of both parties. 26 TERMINATION: 26.1 In addition to any other available remedies, either party may terminate this Agreement if the other party fails to cure a specified default within seven (7) days of receiving 89 TOWN OF ESTES PARK, COLORADO PROFESSIONAL SERVICES AGREEMENT written notice of the default. The notice shall specify each such material breach, in reasonable detail. 26.2 Town may, at any time, terminate performance of the work, in whole or in part, for its own convenience. Town may effect such termination by giving Consultant written Notice of Termination specifying the extent and effective date of termination. In case of termination, for convenience, Town shall pay Consultant for work satisfactorily completed, to the date of termination. Town shall determine the portion of work completed. 26.3 If either party so terminates, Consultant shall promptly deliver to Town all drawings, computer programs, computer input and output, analysis, plans, photographic images, tests, maps, surveys and writer’s materials of any kind generated in the performance of its Services under this Agreement up to and including the date of termination. 27 SUSPENSION: Without terminating or breaching this Agreement, Town may, at its pleasure, suspend fee services of Consultant hereunder. Town may effect suspension by giving Consultant written notice one (1) day in advance of the suspension date. Upon receipt of such notices, Consultant shall cease their work as efficiently as possible, to keep total charges to a minimum. Town must specifically authorize any work performed during suspension. Since suspension and subsequent reactivation may inconvenience Consultant, Town will endeavor to provide advance notice and minimize its use. After a suspension has been in effect for thirty (30) days, Consultant may terminate this Agreement at will. 28 ASSIGNMENT AND DELEGATION: Except as stated, neither party may assign its rights or delegate its duties under this Agreement without the express written approval of the other. 29 SUBCONTRACTING: Except subcontractors clearly identified and accepted in the Contractor's Proposal, Consultant may employ subcontractors to perform the Services only with Town's express prior written approval. Consultant is solely responsible for any compensation, insurance, and all clerical detail involved in employment of subcontractors. 30 GOVERNING LAW AND VENUE: The laws of the State of Colorado shall govern enforcement and interpretation of this Agreement. Venue and jurisdiction for any court action filed regarding this Agreement shall be only in Larimer County, Colorado. 31 AUTHORITY: This instrument forms a contract only when executed in writing by duly authorized representatives of Town and Consultant. By their signatures on this document, the signatories represent that they have actual authority to enter this Agreement for the respective parties. 32 INTEGRATION: There are no other agreements on the same subject than expressly stated or incorporated in this Agreement. 33 UNLAWFUL EMPLOYEES, CONTRACTORS AND SUBCONTRACTORS: Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor shall not knowingly contract with a subcontractor that (a) knowingly employs or contracts with an illegal alien to perform work under this Contract or (b) fails to 90 TOWN OF ESTES PARK, COLORADO PROFESSIONAL SERVICES AGREEMENT certify to the Contractor that the subcontractor will not knowingly employ or contract with an illegal alien to perform work under this Contract. 34 VERIFICATION REGARDING ILLEGAL ALIENS: Contractor has confirmed the employment eligibility of all employees newly hired for employment to perform work under this Contract through participation in either the E-verify program administered jointly by the United States Department of Homeland Security and the Social Security Administration or the employment verification program of the Colorado Department of Labor & Employment. 35 LIMITATION REGARDING E-VERIFY PROGRAM: Contractor shall not use either E- verify or Colorado Department of Labor & Employment program procedures to undertake pre-employment screening of job applicants while performing this Contract. 36 DUTY TO TERMINATE A SUBCONTRACT; EXCEPTIONS: If Contractor obtains actual knowledge that a subcontractor performing work under this Contract knowingly employs or contracts with an illegal alien, the Contractor shall, unless the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien: (a) notify the subcontractor and the Town within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (b) terminate the subcontract with the subcontractor if, within three days of receiving notice that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien, the subcontractor does not stop employing or contracting with the illegal alien. 37 DUTY TO COMPLY WITH STATE INVESTIGATION: Contractor shall comply with any reasonable request of the Colorado Department of Labor & Employment made in the course of an investigation pursuant to C.R.S. 8-17.5-102 (5). 38 DAMAGES FOR BREACH OF CONTRACT: In addition to any other legal or equitable remedy Town may be entitled to for a breach of this Contract, if Town terminates this Contract, in whole or in part, due to Contractor’s breach of any provision of this Contract, Contractor shall be liable for actual and consequential damages to Town. 91 TOWN OF ESTES PARK, COLORADO PROFESSIONAL SERVICES AGREEMENT CONSULTANT: BY: THOMAS P. WILKAS, CHIEF FINANCIAL OFFICER ACKNOWLEDGMENT STATE OF ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this __________ day of ____________________, 2019, by Thomas P. Wilkas, Chief Financial Officer, Consultant. Witness my hand and official seal. My Commission Expires . Notary Public 92 TOWN OF ESTES PARK, COLORADO PROFESSIONAL SERVICES AGREEMENT TOWN OF ESTES PARK: Mayor Town Clerk APPROVED AS TO FORM: Town Attorney 93 EXHIBIT A SAFEbuilt SCOPE OF SERVICES AND COST PROPOSAL 1. SCOPE OF SERVICES  Consultant will perform Services in accordance with codes, amendments and ordinances adopted by the  elected body of Municipality.  The qualified professionals employed by Consultant will maintain current  certifications, certificates, licenses as required for Services that they provide to Municipality.  Consultant  is not obligated to perform services beyond what is contemplated by this Agreement.    2. SOLICITATION/HIRING OF CONSULTANT’S EMPLOYEES  During the term of this Agreement and for one year thereafter, Municipality shall not solicit, recruit or hire,  or attempt to solicit, recruit or hire, any employee or former employee of Consultant who provided  services to Municipality pursuant to this Agreement (“Service Providers”), or who interacted with  Municipality in connection with the provision of such services (including but not limited to supervisors or  managers of Service Providers, customer relations personnel, accounting personnel, and other support  personnel of Consultant).  Parties agree that this provision is reasonable and necessary in order to preserve  and protect Consultant’s trade secrets and other confidential information, its investment in the training of  its employees, the stability of its workforce, and its ability to provide competitive building department  programs in this market.  If any provision of this section is found by a court or arbitrator to be overly broad,  unreasonable in scope or otherwise unenforceable, Parties agree that such court or arbitrator shall modify  such provision to the minimum extent necessary to render this section enforceable.  In the event that  Municipality hires any such employee during the specified period, Municipality shall pay to Consultant a  placement fee equal to 25% of the employee’s annual salary including bonus.         3. LIST OF SERVICES     Building Official Services    Manage and help administer the department and report to Municipality’s designated official   Be a resource for Consultant team members, Municipal staff, and applicants   Help guide citizens through the complexities of the codes in order to obtain compliance   Monitor changes to the codes including state or local requirements and determine how they may  impact projects in the area and make recommendations regarding local amendments   Assist Municipal staff in revising and updating municipal code to comply with adopted requirements   Provide Building Code interpretations for final approval   Oversee our quality assurance program and will make sure that we are meeting our agreed upon  performance measurements and your expectations   Provide training for our inspectors on Municipality adopted codes and local amendments as needed   Oversee certificate of occupancy issuance to prevent issuance without compliance of all  departments   Attend staff and council meetings as mutually agreed upon   Responsible for reporting for Municipality – frequency and content to be mutually agreed upon   Responsible for client and applicant satisfaction   Work with Municipal staff to establish and/or refine building department processes   Issue stop‐work notices for non‐conforming activities – as needed    Building, Plumbing, and Mechanical Inspection Services   Consultant will provide a certified Combination Inspector    Services excludes Electrical Inspections to be provided by the State of Colorado   Perform code compliant inspections to determine that construction complies with approved plans    Meet or exceed agreed upon performance metrics regarding inspections   Provide onsite inspection consultations to citizens and contractors while performing inspections  94 TOWN OF ESTES PARK, COLORADO PROFESSIONAL SERVICES AGREEMENT  Return calls and emails from permit holders in reference to code and inspection concerns   Identify and document any areas of non‐compliance    Leave a copy of the inspection ticket and discuss inspection results with site personnel    Vacation Rental Inspections   Provide in accordance with Ordinance 06‐19 and 2015 International Residential Code  Plan Review Services   Provide plan review services electronically or in the traditional paper format   Review plans for compliance with adopted building codes, local amendments or ordinances   Be available for pre‐submittal meetings by appointment   Coordinate plan review tracking, reporting, and interaction with applicable departments   Provide feedback to keep plan review process on schedule   Communicate plan review findings and recommendations in writing    Return a set of finalized plans and all supporting documentation   Provide review of plan revisions and remain available to applicant after the review is complete  Permit Technician Services   Provide qualified individuals to perform the functions of this position   Facilitate the permitting process from initial permit intake to final issuance of permit   Review submittal documents and request missing information to ensure packets are complete   Provide front counter customer service as necessary   Answer questions concerning the building process and requirements at the counter or over the  phone   Form and maintain positive relationships with Municipal staff and maintain a professional image   Determine permit fees based on Municipal fee schedule as established by ordinance, if requested   Work with Municipal Clerk to facilitate Colorado Open Records Act requests, if requested   Provide inspection scheduling and tracking to ensure code compliance   Act as an office resource to inspectors in the field   Process applications for Municipal Boards and Commissions – if requested   Provide input, tracking and reporting to help increase efficiencies  Reporting Services      Consultant will work with Municipality to develop a mutually agreeable reporting schedule and format    4. COMMUNITY CORE SYSTEMS TERMS AND CONDITIONS    Provide Community Core in accordance with the terms and conditions of Exhibit C.   5. MUNICIPAL OBLIGATIONS   Municipality will provide office space, desk, desk chairs, file cabinets, local phone service, internet,  use of copier and fax     6. FEE SCHEDULE    Municipality will promptly notify Consultant of any revisions or amendments to Municipal Fee  Schedule   Municipality will periodically review its Municipal Fee Schedule and valuation tables and make  adjustment to reflect increases in the cost incurred by Consultant in providing Services   Beginning January 01, 2021 and annually thereafter, the hourly rates listed shall be increased based  upon the annual increase in the Department of Labor, Bureau of Labor Statistics or successor thereof,  Consumer Price Index (United States City Average, All Items (CPI‐U), Not Seasonally adjusted, All  Urban Consumers, referred to herein as the “CPI”) from the previous calendar year, such increase,  95 TOWN OF ESTES PARK, COLORADO PROFESSIONAL SERVICES AGREEMENT however, not to exceed 4% per annum.  The increase will become effective upon publication of the  applicable CPI data.  If the index decreases, the rates listed shall remain unchanged.   Consultant fees for Services provided pursuant to this Agreement will be as follows:    Service Fee Schedule: Inspection Service (permits issued prior to service start date) $75.00 per inspection Inspection Service (permits issued after service start date) 82% of Municipal Permit Fee as established by ordinance or resolution Plan Review Services - excludes engineer review fees 82% of Municipal Plan Check Fee as established by ordinance or resolution Structural Engineering Plan Review $150.00 per hour – one (1) hour minimum Building Official Services Included in percentage of fees above Permit Technician Service $55.00 per hour – one (1) hour minimum After Hours/Emergency Inspection Services $100.00 per hour – two (2) hour minimum Non-Permitted Activity (by request only) $75.00 per hour – one (1) hour minimum Investigative Services (by request only) $75.00 per hour – one (1) hour minimum Note: Three percent (3%) of Consultant fees for Estes Park Community Outreach Program 96 TOWN OF ESTES PARK, COLORADO PROFESSIONAL SERVICES AGREEMENT EXHIBIT B – SAFEbuilt PERFORMANCE   1. TIME OF PERFORMANCE  Services will be performed during normal business hours excluding Municipal holidays.    Services will be performed from Municipal offices Monday through Friday, (8) hours daily between 8:00  am and 5:00 pm   Consultant’s representative(s) will be available by cell phone and email    Deliverables       INSPECTION SERVICES Perform inspections requested by 4:00 pm next business day  TWO HOUR INSPECTION  WINDOW  Provide a two‐hour window of time that the permit holder can expect to have  their inspection performed – Upon request only  MOBILE RESULTING Provide our inspectors with field devices to enter results immediately  PRE‐SUBMITTAL MEETINGS Provide pre‐submittal meetings to applicants by appointment  PLAN REVIEW  TURNAROUND TIMES  Provide comments within the following timeframes:  Day 1 = first full business day after receipt of plans and all supporting documents  Project Type:   Single‐family within   Multi‐family within   Small commercial within  (under $5M in valuation)    Large commercial within  First Comments  7 business days  10 business days  10 business days    20 business days  Second Comments  5 business days or less  7 business days or less  7 business days or less    15 business days or less  97 Meritage Systems CommunityCore: Description of Services This order form is subject to the terms of service and privacy policy. Meritage reserves the right to amend the terms of service and privacy policy at any time and without prior notice. Effective from January 01, 2020 through December 31, 2020. Applications and Services One-Time Set-Up Fee Annual Support and Licensing Fee Number of Users CommunityCore Including InspectorConnect iOS mobile app for building and code inspections Legacy Data Import: Permitting Transfer of historical permit data from legacy system, assumes availability of readable data file or CSV GIS Integration: Permitting Contractor & Business Licensing CommunityConnect Online Permitting Anywhere, anytime access for contractors to apply for permits, pay fees, check status, request inspections and upload plans Includes Setup of CommunityCore Preferred Merchant Account for Credit Card Processing Online Payments One Day On-Site System Training Total: EXHIBIT C-TERMS & CONDITIONS SA 15_0206 1 Included NA NA Included #2015 1001 05 CO r1 Non-Preferred Merchant Account: additional fee if Meritage Systems is not a preferred provider CommunityCore Permit Management Features: •Permitting and Inspection Management •Address Import Setup •Inspections (including mobile access & when available, InspecotrConnect app for iOS tablets) •Contractor and Business Registration •Plan Review Tracking and simple Planning/Zoning permits and workflow •Reporting and Data Import/Export •Complete configuration of permit type, terminology, fee structures, documents and user roles and permissions •Permit Documents: Standard set of Permits, CO, TCO configured with your jurisdiction logo and information •Customs Documents: Available for an additional charge •Reports: Library of standard reports •Custom Reports: Available for an additional charge •Online Training for startup and post startup, ongoing and customer support •Personalized support, including configuration updates •Automatic updates of new features 98 Public Works Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Machalek From: Vanessa Solesbee, Parking & Transit Manager Greg Muhonen, Public Works Director Date: January 14, 2020 RE: Professional Services Contract with The Car Park for Management of the Town’s Public Parking Facilities (budgeted) (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Public Works staff seeks approval from the Town Board to hire The Car Park (TCP) to successfully implement seasonal paid parking in 2020 as outlined in Ordinance #30-19 and Resolution #37-19. Present Situation: In October 2018, Public Works launched the new Parking & Transit Division. In 2019, this new division completed implementation of Phase 1 of the Downtown Parking Management Plan (DPMP) and documented ongoing repeated occurrences of parking demand exceeding supply in downtown Estes Park during the summer guest season. After numerous public outreach efforts and four Town Board meetings, the Town Board authorized implementation of Phase 2 of the DPMP which includes a trial of seasonal paid parking in 7 of the Town’s 15 downtown parking lots for the 2020 guest season. Following this November 2019 action, Public Works staff worked quickly to evaluate the operational and financial feasibility of hiring an in-house team to implement seasonal paid parking versus hiring a professional parking management firm to supplement the Parking & Transit Division manager. Based on the Division’s current work load and staff’s desire to continue providing the highest quality customer service and responsiveness to our residents and visitors, the decision was made to solicit proposals from well-qualified professional parking management firms through an open Request for Proposal (RFP) process. Five firms responded to the RFP. An interdepartmental staff team reviewed and scored all five proposals using the criteria outlined in the RFP. Proposals from the top three firms were reviewed and scored by the citizen members of the Selection Committee. 99 The top three firms were interviewed by the entire Selection Committee (staff and citizens). Based on the quantitative scores from the proposal review and interview processes, as well as deliberation among the Selection Committee, The Car Park was selected as the best fit for Estes Park. Proposal: Public Works staff proposes the Town hire TCP to implement seasonal paid parking in 2020. They will work under the direct guidance of the Parking & Transit Manager to complete the Scope of Services as detailed in the contract (see the Attachments). Advantages: •Support and continue the Town’s work to improve and elevate the downtown parking experience in a way that benefits both residents while improving economic vitality. •“Jump start” implementation efforts for the seasonal paid parking program and allow PW staff to meet the aggressive timeline of “going live” on June 1, 2020. •Exponentially extend the reach of staff by bringing professional parking management expertise and resources in accounting/auditing/cash-handling, technology, insurance/liability, technology implementation, enforcement, Key Performance Indicators (KPIs) / reporting, customer service and marketing/communications. Disadvantages: •Hiring a third party comes with a management fee that would not be associated with in-house staff, however the proposed third-party brings specific parking management experience that will be invaluable in implementation of seasonal paid parking. •A private contractor may not perform up to Town standards; however, PW staff will closely monitor TCP’s performance on defined specific performance metrics. Action Recommended: PW staff recommends that the Town Board contract with TCP to provide professional parking management services for the Town’s downtown public parking facilities in 2020. Finance/Resource Impact: The Parking Division will have a budget of $681,232 in 2020 ($510,165 for paid parking, including $50,299 contingency) and $171,067 for internal division operational expenses included in the base budget). Staff anticipates that seasonal paid parking revenue in 2020 will cover the added costs of the paid parking program. Level of Public Interest Public interest is high regarding implement of paid parking in Estes Park. Sample Motion: I move for the approval/denial of the Professional Services Contract with The Car Park in the not-to-exceed amount of $510,165. Attachments: TCP Parking Operations Agreement TCP Services Proposal TCP Fee Proposal RFP for Management of the Town of Estes Park’s Public Parking Facilities 100 TOWN OF ESTES PARK ESTES PARK, COLORADO PARKING OPERATIONS AGREEMENT TOWN OF ESTES PARK AND THE CAR PARK, LLC 101 - i - TABLE OF CONTENTS I. [§ 100] SUBJECT OF AGREEMENT ................................................................... 1 A. [§ 101] Purpose of This Agreement ........................................................................ 1 B. [§ 102] Ordinance 30-19 Amends Title 10 Of The Municipal Code To Provide Paid Parking ..................................................................................................................... 1 C. [§ 103] Project Areas .............................................................................................. 2 D. [§ 104] Parking System ........................................................................................... 2 E. [§ 105] Parties to This Agreement .......................................................................... 3 II. [§ 200] TERM, CANCELLATION, AND RENEWAL ......................................... 3 III. [§ 300] OPERATIONS ........................................................................................... 4 A. [§ 301] Operations in General................................................................................. 4 B. [§ 302] Operational Objectives and Standards ....................................................... 7 C. [§ 303] Hours .......................................................................................................... 8 D. [§ 304] Rates Enforcement and Parking Commitments ......................................... 8 E. [§ 305] Maintenance, Repair and Inspection Obligations of Operator ................... 8 F. [§ 306] Finance Procedure ...................................................................................... 9 G. [§ 307] Performance Requirements and Assessment............................................ 10 H. [§ 308] Alterations ................................................................................................ 11 I. [§ 309] Authority to Contract Limited .................................................................. 11 J. [§ 310] Damage by Operator ................................................................................ 11 K. [§ 311] Agreement Not a Tenancy ........................................................................ 12 L. [§ 312] Independent Contractor ............................................................................ 12 M. [§ 313] Procurement Requirements and Guidelines ............................................. 12 IV. [§ 400] PERSONNEL ........................................................................................... 12 A. [§ 401] Selection and Salaries............................................................................... 12 B. [§ 402] Equal Opportunity and Americans with Disabilities Act ......................... 13 C. [§ 403] Personnel Guidelines ................................................................................ 13 V. [§ 500] PAYMENTS TO OPERATOR, BUDGET, ANNUAL REPORTS, BOOKS, AND RECORDS ............................................................................................... 14 A. [§ 501] Fees and Insurance Costs ......................................................................... 14 B. [§ 503] Operating Expenses .................................................................................. 15 C. [§ 507] Taxes ....................................................................................................... 17 D. [§ 508] Budget ..................................................................................................... 17 E. [§ 509] Accounts, Reports, and Audits ................................................................ 17 VI. [§ 600] INDEMNITY AND INSURANCE, ......................................................... 18 A. [§ 601] Property Damage or Injury Indemnification ............................................ 18 B. [§ 602] Insurance .................................................................................................. 18 C. [§ 603] General Insurance Requirements ............................................................. 19 VII. [§ 700] DEFAULTS, REMEDIES, TERMINATION, AND ALTERNATIVE DISPUTE RESOLUTION ................................................................................................ 19 A. [§ 701] Surrender of System ................................................................................. 19 B. [§ 702] Effect of Default ....................................................................................... 20 102 - ii - C. [§ 703] Legal Actions ........................................................................................... 21 D. [§ 707] Rights and Remedies Are Cumulative ..................................................... 21 E. [§ 708] Attorney Fees ........................................................................................... 21 F. [§ 709] Choice of Law .......................................................................................... 22 VIII. [§ 800] MISCELLANEOUS................................................................................. 22 A. [§ 801] Notice ....................................................................................................... 22 B. [§ 802] Compliance with Laws and Ordinances ................................................... 23 C. [§ 803] Rules and Regulations .............................................................................. 23 D. [§ 804] Assignability by Operator ........................................................................ 23 E. [§ 805] Damage, Destruction, or Sale ................................................................... 23 F. [§ 806] Handicapped Parking ............................................................................... 23 G. [§ 807] Option to Add Parking Facilities / Option to Delete Parking Facilities ... 23 H. [§ 808] Free or Reduced Fee Use of Parking Facilities ........................................ 24 I. [§ 809] Event Parking ........................................................................................... 24 J. [§ 810] Agency’s Right to Inspect and Make Repairs .......................................... 24 K. [§ 811] Descriptive Headings ............................................................................... 24 L. [§ 812] Severability............................................................................................... 25 M. [§ 813] Parties in Interest ...................................................................................... 25 N. [§ 814] Not a Lease .............................................................................................. 25 O. [§ 815] Governmental Action ............................................................................... 25 P. [§ 816] Inspection of Books and Records ............................................................. 25 Q. [§ 817] Identity and Authority of Agency ............................................................ 25 R. [§ 818] Identity and Authority of Operator........................................................... 26 IX. [§ 900] COUNTERPARTS................................................................................... 26 X. [§ 1000] ENTIRE AGREEMENT, WAIVERS, AND AMENDMENTS ............ 28 XI. [§ 1100] EFFECTIVE DATE OF AGREEMENT ............................................... 28 103 PARKING OPERATIONS AGREEMENT - 1 PARKING OPERATIONS AGREEMENT THIS AGREEMENT is effective as of the ____ day of ______, 2020, by and between the TOWN OF ESTES PARK, COLORADO, (“Agency”) and The Car Park, LLC, a Delaware Limited Liability Company (“Operator”), individually referred to as a “Party” and collectively as the “Parties”. Agency and Operator agree as follows: I. [§ 100] SUBJECT OF AGREEMENT A. [§ 101] Purpose of This Agreement The purpose of the Agreement is to effectuate Ordinance 30-19 amending Title 10 of the Municipal Code of the Town of Estes Park on Vehicle and Traffic to Provide Paid Parking (the “Parking Management Plan”) by providing for the operation of public parking facilities (the “Parking System” or “System”) included within the boundaries of the Town of Estes Park (the “Project Areas”). The operation of the Parking System, pursuant to this Agreement and the fulfillment generally of this Agreement, is in the vital and best interests of the Town of Estes Park, Colorado (the “Town”), and the health, safety, and welfare of its residents and in accord with the public purposes and provisions of applicable federal, state, and local laws and requirements. B. [§ 102] Ordinance 30-19 Amends Title 10 of the Municipal Code to Provide Paid Parking This Agreement is subject to the provisions of the Ordinance, as follows: 1. The Town Board of Trustees may by resolution establish locations for which paid parking must be paid, the amounts and schedules required to be paid, applicable hours, and seasonal enforcement dates. All required fees shall be paid by any method approved by the parking and transit manager (“Manager”), and these may include, without limitation, paper bills, coins, credit cards, cellphone or internet payment, and validation. The Town Board of Trustees may identify a number of stalls within a lot for paid parking, and delegate to the Manager the responsibility of designating the specific stalls. 2. The Manager shall propose parking rates for the following season to the Town Board of Trustees by December 15th of each year. The seasonal parking rates in town-controlled parking areas shall be intended to produce a target measured occupancy of 85 percent or less during peak visitation periods within the designated parking lots in order to: 104 PARKING OPERATIONS AGREEMENT - 2 a. Support the Town’s business districts by making parking available and encouraging economic development; b. Maintain adequate turnover of Town-controlled parking spaces; c. Encourage an adequate amount of parking availability for a variety of parking users, efficient use of Town-controlled perimeter parking locations (parking structure and Events Complex Park-N-Ride), and enhanced use of the Town’s, free shuttle system and other transportation alternatives; and; d. Reduce congestion in travel lanes caused by drivers seeking available parking. C. [§ 103] Project Areas The Project Areas are located in the Town of Estes Park. A map of the Project Areas and the existing parking in the System are attached as Exhibit A. D. [§ 104] Parking System The Parking System means those public on-street and off-street parking and garage and other parking facilities listed in Exhibit A The terms of this Agreement shall apply to each of the Parking Facilities described in Exhibit A unless otherwise specified. The term Parking System or System used hereafter shall refer to any of the Parking Facilities described in Exhibit A, unless otherwise specified. For convenience in this Agreement, the term parking garage refers to one type of parking facility that may be included in the System. Agency may close, dispose of, acquire, or construct other parking spaces, parking lots, garages and parking facilities, which the Agency may determine in its sole discretion should be added to or deleted from the System. Any such parking facility added to the System shall be operated under the terms and conditions of this Agreement, and amendments to this Agreement shall be completed to reflect the addition of such parking facility, which amendments shall include appropriate negotiated adjustments to Operator’s compensation. Agency shall provide Operator forty-five (45) days’ written notice of any such addition or subtractions to the System. Likewise, should any of the parking facilities be closed, inoperable, untenable, or disposed of, amendments to this Agreement shall be completed to reflect the deletion, which amendments shall include appropriate negotiated adjustments to Operator’s compensation. 105 PARKING OPERATIONS AGREEMENT - 3 E. [§ 105] Parties to This Agreement 1. [§ 106] Agency The office of Agency is located at, 170 MacGregor Avenue, Estes Park, Colorado. 2. [§ 107] Operator Operator, The Car Park LLC., is headquartered at 702 West Idaho Street, Suite 400, Boise, Idaho 83702. Operator is a Delaware Limited Liability Company. Operator shall staff a local operating business office for purposes of operation of the Parking System and contact and communication with Agency, parking customers and the general public, as further described in Section 301 of this Agreement. II. [§ 200] TERM, CANCELLATION, AND RENEWAL The initial term of this Agreement shall commence January 15, 2020 and continue through December 31, 2020. Agency shall have, in its sole discretion, the option to renew and extend the terms of this Agreement for four one-year increments, renewable each year; such extended term to begin upon the expiration of the term of this Agreement, and all terms, covenants, and provisions of this Agreement shall apply to such extended term. If Agency shall elect to exercise such option, it shall do so not later than thirty (30) days prior to the expiration of the Agreement. Operator agrees that by entering into this Agreement, it obtains no additional rights or privileges in the future regarding the operation of the Parking System and agrees that Agency has not waived or abrogated any power or discretion it has regarding the operation of the System upon termination of this Agreement. Non-enforcement of any condition or obligation of this Agreement by Agency shall not be considered a waiver of any other condition or obligation imposed by this Agreement. Further, either Agency or Operator may cancel this Agreement at any time by providing a written notice of cancellation one hundred and twenty (120) days prior to cancellation. Prior to the termination or cancellation of the Agreement, Operator agrees to assist Agency with the orderly transition of the responsibilities for operation and maintenance of the System to ensure a seamless transition to a replacement operator. If necessary, Operator agrees to provide such services after the effective date of the termination or cancellation of the Agreement for compensation to be negotiated, in good faith, by the Parties, which shall in no event be an amount above the total sum paid to Operator in the thirty (30) day period prior to the effective date of the termination or cancellation for Operator’s management fee. 106 PARKING OPERATIONS AGREEMENT - 4 III. [§ 300] OPERATIONS A. [§ 301] Operations in General Operator agrees to manage and operate the Parking System in a professional, economical and businesslike manner, satisfactory at all times to Agency. Operator agrees to accomplish the following unless otherwise directed by Agency. 1. Staff a business and permit sales office (“Parking System Office”) inTown Hall located at 170 MacGregor Avenue. 2. Employ parking staff (e.g. cashiers, supervisory staff, management staff and office administrative staff) and perform associated responsibilities including but not limited to employee recruitment, orientation, training, evaluation and discipline. 3. Provide on-going customer service in a friendly and professional manner, tracking and resolving any and all customer service- related issues. 4. Use Operator’s best efforts in every proper manner to maintain and develop the customer base of the System. 5. Perform cashiering and daily, weekly, and monthly auditing and reconciliation. 6. Perform routine patrols of the system to enforce the parking rules as set forth by the Agency. Including the issuing of citations, collection of citations, adjudication of citations, and immobilizing vehicles. 7. Provide bookkeeping and accounting functions such that gross revenues and expenses are individually computed for each Parking Facility listed in Exhibit B to this Agreement and as more fully described in Section 506 of this Agreement. 8. Contract with permit parkers, and bill and collect payment for permit parking in accordance with such contracts. 9. Sell parking validations to those entitled allowed to purchase and use validations and honor said validations in accordance with the validation program established by Agency. Agency may modify the validation program in the future at its sole discretion. 107 PARKING OPERATIONS AGREEMENT - 5 10. Ensure that customers of the Parking System pay the proper amount for parking and are not permitted to park free of charge except upon express direction of Agency or in compliance with the Parking Management Plan. 11. Pursue payment and collect parking revenues from past due accounts and unpaid fines, fees, and other charges consistent with Agency’s collections policy established by Agency and Operator in accordance with Section 302. 12. Perform routine maintenance of and repairs to the Parking Facilities in accordance with Section 305. 13. Maintain all Parking System operating equipment and implement a preventative equipment maintenance program in accordance with Section 305. 14. Provide operational and maintenance supplies as are reasonably necessary to operate the Parking System. 15. Coordinate with Public Works to identify, select and procure appropriate Parking Access Revenue Control (PARCS) technologies, including parking meter infrastructure/hand-held devices, cash payment options, and mobile payment options. 16. Coordinate with Public Works, the Public Information Officer and Visit Estes Park to create a robust public education and communication campaign, including website updates, instructional videos, collateral material, signage, social media and traditional media, and public outreach; 17. Create and implement a new employee parking permit and incentive program for those willing to park in perimeter lots. Assess and expand the existing residential permit program. 18. Define a seasonal event parking management strategy for both paid and unpaid Parking Facilities. 19. Propose a customer service program offering such services as: customer appreciation days, vehicle location assistance, vehicle lock-out assistance, tire inflation, etc. Implement those services approved and included in the Parking System budget by Agency. 20. Coordinate the operation of the Parking Facilities with Public Works contractors and tradespeople hired by Agency to perform 108 PARKING OPERATIONS AGREEMENT - 6 work on a specific Parking Facility or to the System. Assist with such tasks as creating temporary construction and storage areas, routing of traffic, and the shut down and activation of Parking Facility systems. 21. Be knowledgeable regarding federal, state and local regulations that apply to the operation, maintenance and repair of a public parking system including but not limited to building and safety regulations and inspection requirements, environmental regulations and procurement regulations and policies. Conduct operations of the Parking System so they comply with applicable federal, state and local regulations. 22. Assist with the development of necessary operating policies and procedures. Implement policies and procedures approved by Agency. 23. Provide daily, monthly, and annual operations and financial reports. 24. Track parking-related statistics for all Parking Facilities (e.g., parking occupancies, durations, ticket data, allocations, revenues, expenses, and customer service, maintenance, and safety/security activities). 25. Provide parking management advice as necessary concerning operations, pricing, marketing, customer surveys, etc. Implement an outreach and marketing program approved and included in the Parking System budget by Agency. Prior to execution, Operator shall submit to Agency for review any contract with an independent contractor to supply the services enumerated in this Section 301, which has a contract value of more than $3000.00, including but not limited to staffing; accounting and reporting; cleaning, maintenance and repair; collections, security, marketing and customer surveys. Agency shall have the right to approve the contractor selected by Operator to provide these services, which approval shall not be unreasonably withheld. In contracting for such services, Operator shall comply with applicable state and local procurement requirements as stated in Section 313. Operator shall not engage in any other business in any part of the Parking System or the Parking Facilities other than to provide additional services such as activating inoperative vehicles as requested by a customer of the System or similar parking customer services, which services have been approved by Agency by a written letter of approval. Operator shall provide to Agency a list of all costs for such approved, 109 PARKING OPERATIONS AGREEMENT - 7 additional services, and these costs shall be approved by Agency by written letter of approval prior to the imposition of said costs for such services. Operator shall report to Agency any and all damages or vandalism to any of the Parking Facilities and any and all claims for loss or damage to vehicles utilizing any Parking Facility, it being understood that Operator assumes full responsibility for processing and settling all such claims for loss or damage to vehicles utilizing any Parking Facility. Operator shall also notify Agency in writing of any and all claims identified or filed against Operator and/or Agency, immediately upon discovery of any such claim. B. [§ 302] Operational Objectives and Standards Operator shall be responsible for the day-to-day operation of the Parking System in a manner that ensures the safe, attractive, clean, and customer-friendly operation of the System. Annually, during the budgetary process described in Section 508 of this Agreement, Agency and Operator shall agree upon a program of objectives and operational standards (“Parking System Annual Program” or “Annual Program”) for the following fiscal year which shall address: how the System is to be operated, maintained and marketed; customer service; technology upgrades; capital investments, etc. The Annual Program shall include Agency’s collections policy and a target for collection of past due accounts and unpaid fines, fees, and other charges established by Agency and Operator. Operator shall submit its proposal for the Annual Program by February 14, 2020for Agency’s 2020 fiscal year, and similarly in 2021, 2022 and 2023, if Agency exercises the extensions provided in this Agreement. Agency and Operator shall prepare the final Annual Program, guided by the provisions of Agency’s Downtown Parking Management Plan (Attachment 1), the Parking Management Request for Proposal (Attachment 2), Resolution 37-19 (Attachment 3), and The Car Park Services and Fee Proposal (Attachment 4) and the operational standards mutually acceptable to Agency and Operator. Agency and Operator may also refer to the National Parking Association’s (NPA) Parking Garage Maintenance Manual or any other compilation of standards deemed useful by Agency and Operator. The final Annual Program shall be reduced to writing and made a part of Agency’s overall budget for the subsequent year. Operator acknowledges that the Annual Program described herein shall be effective only when included within Agency’s overall budget. The proposed Annual Program shall also include a description of the employee orientation and training program and customer service assessment and improvement program that Operator intends to implement as part of the budget proposed for the upcoming fiscal year (“Annual Employee Training and Customer Service Programs”). The Annual Employee Training and Customer Service 110 PARKING OPERATIONS AGREEMENT - 8 Programs shall include, but not be limited to, a comprehensive customer service training program for Operator’s employees and for staff supplied to operate the Parking System by any independent contractor If Agency decides to amend or update the operational standards in the Parking Management Plan, Operator shall, upon Agency’s request, provide feedback and suggestions concerning Agency’s operational standards. C. [§ 303] Hours Operator agrees to operate the Parking System during the term of this Agreement and manage paid parking on the days and during the hours established by Agency in Resolution 37-19. Hours of operation may be changed from time to time by Agency upon written notice given by Agency, and any such changes shall take effect on the dates stipulated by such notice. D. [§ 304] Rates Enforcement and Parking Commitments Operator agrees to charge and collect rates for parking motor vehicles that shall be established by Agency from time to time as set forth in the Parking Management Plan or otherwise approved by the Estes Park Board of Trustees. Operator agrees that Agency may change parking rates from time to time at its sole discretion. New rates established shall become effective on the dates stipulated by Agency. Operator is encouraged to, with or without any specific request, recommend to Agency changes in parking rates. Operator shall prepare and submit to Agency for its approval a parking enforcement policy to cover paid parking in designated areas, extended (overtime) parking, and the prevention of unauthorized parking. Such action may include the issuance of parking violations for violating Agency’s parking regulations. E. [§ 305] Maintenance, Repair and Inspection Obligations of Operator Operator shall be responsible for the day-to-day maintenance and repair of the Parking System in a manner that ensures the cleanliness, safety, and attractiveness of all the System. Such services shall include, but not be limited to, cleaning, , trash removal, cleaning stairwells and landings;; and maintenance and repair to parking access and revenue control system (“PARCS”) equipment not requiring a manufacturer’s authorized technician (“Routine Maintenance and Repair”). Minor maintenance and repair is defined as maintenance and repair costing less than $3000 per occurrence (“Minor Maintenance and Repair”). For maintenance and repair costing more than $3000 per occurrence, Operator shall contact Agency for further instruction and authorization. Operator further agrees to maintain the System, the equipment provided by Agency, and all parts thereof, in good condition and repair and in as safe 111 PARKING OPERATIONS AGREEMENT - 9 condition as its operation will reasonably permit, and make all repairs thereto that may be reasonably necessary for this purpose including, but not limited to, the following: 1. 2. Maintain all PARCS equipment. 3. Where an equipment warranty requires maintenance and/or repair by a manufacturer’s authorized technician, Operator shall obtain services from an authorized technician. When a piece of equipment subject to warranty malfunctions or breaks down, and an authorized technician is not expected to be available within a time defined by Agency as reasonable, Operator shall notify and consult with Agency. 4. Maintain the Parking Facilities and Parking System Office (“Premises”) in a clean, presentable condition and not allow dirt, paper, or trash of any kind to accumulate in or upon the Premises. 5. Agency shall use maintenance standards of the NPA Maintenance Manual , or other recognized parking industry maintenance standards acceptable to Agency and Operator, as a guide in monitoring Operator’s performance. Prior to execution, Operator shall submit to Agency for review any contract with an independent contractor to supply the services enumerated in the Section 305, which has a contract value of more than $3000.00 including but not limited to repair, maintenance and inspection services and public works construction. Agency shall have the right to approve the contractor selected by Operator to provide these services, which approval shall not be unreasonably withheld. In contracting for such services and public works construction, Operator shall comply with applicable state and local procurement requirements as stated in Section 313 in this Agreement. Operator shall comply with procurement requirements in state and local law and policy that apply to Agency whenever Agency funds are being used either directly or indirectly for procurement of public works construction, personal property, personal or professional services, and services from design professionals, professional land surveyors and construction managers. F. [§ 306] Finance Procedure “Gross Revenues” shall include all revenues collected by Operator or Agency from the parking of vehicles. Operator shall deposit said gross revenue in 112 PARKING OPERATIONS AGREEMENT - 10 a bank account identified by the Agency as soon as practical but no later than the next banking day following receipt of any Gross Revenues. By the 20th of each month Operator shall prepare and submit final monthly profit and loss statements as well as any incidental financial or operating statements as deemed necessary by Agency or as the normal course of operation shall dictate. All source records of gross revenues, which shall include but not be limited to parking tickets, cash register tapes, shift reports, master reports, daily revenue reports, whether computer generated or manually generated, shall be kept by Operator at all times. These records are owned by Agency but shall be maintained by Operator for one year from the date the annual financial report is delivered to and accepted by Agency. At the end of the one-year period, these records shall be delivered to Agency for further disposition. Agency shall provide and maintain such storage facilities as necessary to facilitate the storage of the above records and shall provide reasonable access to such facilities. All databases for such purpose shall be maintained by Operator. Operator shall assure that adequate hard copies and data backups are done on a routine basis and stored on an approved media for a period of time requested by Agency. Operator shall pursue payment and collect parking revenues from past due accounts and unpaid fines, fees and other charges consistent with Agency’s collections policy and the target for collections established in the Annual Program as provided in Section 302. G. [§ 307] Performance Requirements and Assessment Operator shall submit to Agency proposed performance measures for the initial term by February 14, 2020. Agency and Operator shall establish mutually agreed upon performance measures by_March 27, 2020. Operator shall submit a written report to Agency providing an assessment of its performance relative to the agreed upon performance measures by_November 6, 2020, and present the performance report to the Town Board at a public study session on or before November 24, 2020. Agency shall provide to Operator by_December 18, 2020, an initial performance assessment and recommended performance objectives and improvements for the period from January 1, 2021to December 31, 2021(if Agency exercises its option to extend the Agreement.) During each extension exercised by Agency, Operator shall submit a written report to Agency which shall assess: 113 PARKING OPERATIONS AGREEMENT - 11 1. Operator’s compliance under the terms of this Agreement with specific emphasis on the requirements set forth in Sections 301, 302, 305, 306, 307, 403, 506 and 509. 2. Operator’s performance relative to the performance measures established for the preceding twelve months. 3. Other items appropriate under the terms of this Agreement. The results of this performance review inform the negotiation of the management fee and any merit increase included in Operator’s budget for the subsequent fiscal year. During the term of this Agreement, Operator and Agency shall conduct periodic informal performance conferences to discuss Operator’s performance including accomplishments relative to agreed-upon performance measures and operational standards and any need for performance improvements. Agency shall create a written summary of this conference, and if needed, an action plan shall be included and provided to Operator. Operator and Agency shall conduct periodic on-site tours of the Parking System as needed to identify items needing attention or improvement and shall create by mutual agreement a checklist of action items for Operator and Agency to address. H. [§ 308] Alterations Operator shall make no alterations or additions to the Premises and appurtenances without prior written consent of Agency. It is expressly agreed that all appurtenances, presently or hereafter located in and upon the Premises, whether affixed thereto or not, are and shall remain the property of Agency. I. [§ 309] Authority to Contract Limited No employee or agent of Operator shall contract directly or indirectly, either as an owner, employee, or agency, for services over and above his duties or scope of employment, except with the prior written approval of Agency. J. [§ 310] Damage by Operator Operator shall pay for and repair any damage to the Parking System or the Parking System Office equipment therein caused by the negligence of its employees. Such cost and repair shall not be a reimbursable operating expense. 114 PARKING OPERATIONS AGREEMENT - 12 K. [§ 311] Agreement Not a Tenancy Nothing in this Agreement shall be construed as creating a tenancy between Agency and Operator, nor shall Operator be deemed to have the right of occupancy to the Parking System or the Parking System Office or any part thereof. L. [§ 312] Independent Contractor The Parties agree that, except as hereinafter specified, Operator shall render services to Agency as an independent contractor and not as an employee of Agency. No Agency official or employee shall supervise the Operator. The Operator will exercise no supervision over any employee or official of the Agency. The Operator shall not represent that Operator is an employee or agent of the Agency in any capacity. The Operator has no right to Worker’s Compensation benefits from the Agency or its insurance carriers or funds. Operator shall pay any federal and state income tax on money earned under this Agreement. M. [§ 313] Procurement Requirements and Guidelines Operator shall follow the statutory procurement requirements as set forth in Colorado Code and procurement guidelines in Agency’s Procurement Policy when procuring any goods or services. IV. [§ 400] PERSONNEL A. [§ 401] Selection and Salaries Operator agrees to secure, furnish, train, and pay for all personnel as are reasonably necessary to be employed in the successful operation of the System. Such personnel shall include a full-time, year-round, on-site general manager (“General Manager”) for the System, beginning no later than March 1, 2020, the selection and salary being subject to the approval of the Agency. Any and all employees of Operator, or other persons, while engaged in the performance of any work or services required by Operator under this Agreement, shall be considered employees or agents of Operator only, and not employees of Agency or have any contractual relationship with Agency. Any and all claims that may or might arise under the Worker’s Compensation Act of the State of Colorado similar act on behalf of said employees or other persons while so engaged in any work or services provided to be rendered herein, shall be the sole obligation and responsibility of Operator. 115 PARKING OPERATIONS AGREEMENT - 13 B. [§ 402] Equal Opportunity and Americans with Disabilities Act All persons employed or applying for employment with Operator shall: (a) have and be entitled to the full and equal benefit of all laws and proceedings for the security of persons and properties; (b) have and be entitled to equal employment opportunities devoid and free from bias, discrimination, harassment, or intimidation because of race, color, religion, national origin, sex, sexual orientation, gender identity/expression, age, physical/mental handicap, marital status, disability, or veterans status; and (c) be subject to like punishments, penalties, licenses, and exactions of every kind. Operator as an employer is hereby required to provide equal employment opportunities to the end that all Operator employees shall be recruited, appointed, assigned, and promoted solely upon the basis of a bona fide occupational qualification and individual merit and free from bias, discrimination, harassment or intimidation on account of race, color, religion, national origin, sex, sexual orientation, gender identity/expression, age, physical/mental handicap, disability, or veterans status. Operator shall also be familiar with and adhere to the specific provision of the Americans with Disabilities Act of 1990 relating to Title I - Employment and Title II - Public Services. Additionally, Operator will ensure that any suppliers or subcontractors functioning under this Agreement shall also be in compliance with the aforementioned Titles. C. [§ 403] Personnel Guidelines Operator further agrees to: 1. Select staff with attention to meeting the objectives and standards set by Agency for the System. 2. Provide an on-going comprehensive orientation and training program for its employees assigned to the System, and for any staff supplied by an independent contractor for operation of the System. Such program shall be submitted in writing to Agency no later than the time set forth in Section 302 of this Agreement. 3. Establish a performance review process for staff which includes, at a minimum, setting annual performance goals, an annual performance assessment and periodic feedback on how staff is meeting its performance goals. 4. Educate staff as to the objectives and standards contained in the Annual Program for the System and include how staff performs 116 PARKING OPERATIONS AGREEMENT - 14 relative to these objectives and standards in staff performance reviews. 5. Maintain a close watch over attendants to ensure that they discharge their duties in a safe, courteous, and efficient manner and maintain a high standard of safety and service to the public. 6. Ensure attendants shall wear appropriate uniforms and present a neat and clean appearance at all times. Operator shall obtain approval from Agency as to color and design of the uniforms. Uniforms shall use the logo established by Agency for the Parking System and not Operator’s logo. 7. Supervise and train personnel to provide friendly customer service to all users of the System and visitors to the Parking System Office. 8. Ensure staff furnishes customer service on a fair, equal, and non- discriminatory basis to all users of the System. V. [§ 500] PAYMENTS TO OPERATOR, BUDGET, ANNUAL REPORTS, BOOKS, AND RECORDS A. [§ 501] Fees and Insurance Costs 1. [§ 502] Fee for the System Agency shall pay to Operator an annual management fee as stated in Exhibit C. This fee shall be divided over twelve equal monthly installments. The amount of the fee for Agency’s subsequent fiscal years i.e., FY 2021, 2022, 2023 and 2024 (if Agency exercises its option to extend the Agreement) shall be negotiated and determined by a mutual writing each year prior to Agency’s approval of its subsequent fiscal year’s annual operating budget. This amount shall be referenced in the Agency’s written exercise of its option for each respective successive year, and the fee shall not exceed such referenced amount. At the conclusion of the initial term and any one-year extension exercised by Agency, Operator shall be eligible for a performance bonus ranging from 0- 7.5% of the management fee for the fiscal year just ending. The performance bonus percentage shall be based on Operator’s annual performance review by the Agency for the fiscal year just ending. The performance review shall be based on performance measures previously established by Agency and Operator and shall be conducted as described in Section 308 of this Agreement. Agency shall pay Operator’s performance bonus in a lump sum payment no later than December 31 117 PARKING OPERATIONS AGREEMENT - 15 of the fiscal year just ending. Agency’s fiscal year is the January 1 through December 31 calendar year. The fee is intended to cover all administrative costs and expenses incurred by Operator as well as any and all operating expenses not defined as reimbursable operating expenses in Section 505 and not defined as indirect costs in Section 506 of the Agreement. B. [§ 503] Operating Expenses 1. [§ 504] Reimbursement for Operating Expenses Operator shall pay all operating expenses as they come due. Agency shall reimburse Operator for its monthly cost of operation in the following manner: Operator will deliver to Agency on or before the twentieth (20th) day of the following month the financial reports and costs to operate the System. Reports shall be in a format and at a level of detail acceptable to Agency, with supporting documentation as required by Agency. Costs shall only include items defined in direct and indirect operating expenses in Sections 505 and 506, and as further defined in Operator’s approved annual operating budget. If the Gross Revenue for any month are insufficient to cover Operators operating expenses, Agency will reimburse Operator within fifteen (15) days following receipt and acceptance of the financial reports for the balance due and owing to Operator. 2. [§ 505] Operating Expenses Defined “Operating Expenses,” as defined in this section, means and is limited to the cost of: • Salary of General Manager; • Salaries of employees working in the System; • Social Security and Medicare taxes; • Unemployment taxes; • Workers’ Compensation and Employer’s Liability insurance; • Operator’s portion of Medical/Dental/Vision premium payments for employees 118 PARKING OPERATIONS AGREEMENT - 16 • Pension plans or 401-K; • Uniforms and laundry; • Office supplies; • Credit card and gateway fees; • Licenses and permits; • Enforcement units, software; • Advertising, marketing, and promotion, as approved in advance by Agency; • Routine Maintenance and Repair (as described in Section 305); • Operational supplies required to operate the Parking System (including, but not limited to, tickets, hang-tags, access cards and other customer access devices; permits, validation stamps, etc.); • Recruiting employees and employee orientation and training; • Purchasing signs (when approved in advance by Agency); • Utilities (including telephone, cellphones, • Premiums for insurance coverage required under Section 600 et al of this Agreement. Agency may, from time to time through the term of this Agreement and any extensions thereof, directly provide reimbursable goods or services that are included in the budget or were previously approved by Agency in writing, and which Agency determines would be best provided by Agency directly. Notwithstanding the foregoing, unless Operator is notified in writing by Agency that the operating expense associated with the purchase or performance of certain goods or services will be incurred by Agency, all operating expenses shall be reimbursed by Agency to Operator. By the 20th of each month, Operator shall submit a monthly expense invoice, certified by an officer of Operator. Agency staff have the right to use such methods as they deem necessary and appropriate to verify amounts claimed on expense invoices. 119 PARKING OPERATIONS AGREEMENT - 17 3. [§ 506] Accounting for Direct and Indirect Operating Expenses Operator shall keep specific records and accounts for those operating expenses directly related to the operation of each Parking Facilities in the System. For those operating expenses indirectly related to the operation of each Parking Facility, which expenses are associated with operation of the entire System, Operator shall report those expenses by budget category. C. [§ 507] Taxes It is the intention of Agency and Operator that the System and its operation be exempt from taxation. In the event that any unit of government having taxing authority establishes its right to tax the System or its operation, then, and in that event, all taxes which are assessed shall be considered operating expenses within the meaning of Section 605. D. [§ 508] Budget For the initial term of this Agreement, the operating budget, management fee, and merit increase for Operator shall be as shown in Exhibit B. Thereafter, if Agency exercises the extensions provided for in this Agreement, Operator shall prepare an annual operating budget, by Parking Facility, and submit same to Agency by August 14, 2020for Agency’s next Fiscal Year commencing January 1, 2021. (Operator shall also prepare an Annual Program as described in Section 302 and submit same to Agency by October 30, 2020.) After submittal of the budget, Agency and Operator shall meet for the purpose of reviewing the budget and for inclusion of the budget described in this section in Agency’s overall budget. (The Annual Program shall also be included in Agency’s overall budget as described in Section 302.) Operator acknowledges that the Annual Operating Budget described herein shall be effective only when included within Agency’s overall budget. E. [§ 509] Accounts, Reports, and Audits Operator shall prepare and submit monthly profit and loss statements as well as any incidental financial or operating statements as deemed necessary by Agency or as the normal course of operation shall dictate. Such statements shall clearly delineate between direct and indirect costs of operation attributable to the System and any costs incurred by Operator for managing other properties for which Operator is responsible. Such books, accounts, and statements shall also be subject to inspection under the provisions of Section 816 of this Agreement. Agency may conduct an 120 PARKING OPERATIONS AGREEMENT - 18 annual audit of the System operations. Operator agrees to provide Agency’s auditors such information as may be needed to conduct such annual audit and to cooperate fully with Agency’s auditors. VI. [§ 600] INDEMNITY AND INSURANCE, A. [§ 601] Property Damage or Injury Indemnification 1. Operator shall defend, indemnify and hold Agency harmless from and against any and all actions, costs, claims, losses, expense and/or damages, sustained by Agency attributable to the recklessness, carelessness, or negligence of Operator or any of its agents, servants or employees from any cause, including, without limitation by specification, property damage and/or injury or death to any person or persons. Agency expressly acknowledges that the Operator’s obligations in connection with the management, operation and promotion of the Parking Facility, and employment of persons in connection therewith, do not include the rendition of service, supervision, or furnishing of personnel in connection with the personal safety and security of employees, tenants, customers, or other persons within and about the Parking Facility. Operator does not have knowledge or expertise as a guard or security service, and does not employ personnel for that purpose, nor do Operator’s employees undertake the obligation to guard or protect customers against the intentional acts of third parties. Agency shall determine, at Agency’s discretion, whether and to what extent any precautionary warnings, security devices, or security services may be required to protect patrons in and about the Parking Facility. It is understood and agreed that the System is burdened with pipes, conduits, and lines necessary for utility services. B. [§ 602] Insurance Operator shall procure and maintain continuously in effect, during the term of this Agreement, policies of insurance of the kind and amount, as follows: 1. Worker’s compensation coverage and employer’s liability coverage as required by Colorado law. 2. Commercial general liability insurance, in minimum amounts of One Million Dollars ($1,000,000) per occurrence and One Million Dollars ($1,000,000) annual aggregate combined single limit for 121 PARKING OPERATIONS AGREEMENT - 19 personal injury, including death, and for property damage. Coverages thereunder shall include premises liability, System and operations liability, contractual liability, personal injury, owner’s and contractors’ protection, elevator liability, products, and completed operations coverage. 3. Automobile Liability Insurance covering use of all owned, non- owned, and hired automobiles with a minimum combined single limit of liability for bodily injury and property damage of $1,000,000 per occurrence. This policy shall be endorsed to name Agency, including its respective officers, agents, or employees, as additional insureds. 4. Robbery and holdup insurance (inside and outside) with $25,000 limit per occurrence. The foregoing insurance coverage, to the extent such coverage is triggered and / or applicable, shall be primary and noncontributing with respect to any other insurance or self-insurance that may be maintained by Agency. Any loss not covered by the above insurance shall constitute expense of Agency. All insurance provided by Operator under this Agreement shall include a waiver of subrogation by the insurers in favor of Agency. C. [§ 603] General Insurance Requirements All insurance required in this Section shall be taken out and maintained by insurance companies licensed in the State of Colorado with no less than an “A” rating by A.M. Best. Operator shall furnish Agency a certificate or certificates of the responsible insurers, stating that such insurance is in full force and effect. All policies or certificates of insurance are subject to Agency’s approval. The insurance coverage herein required may be provided by a blanket insurance policy or policies. VII. [§ 700] DEFAULTS, REMEDIES, TERMINATION, AND ALTERNATIVE DISPUTE RESOLUTION A. [§ 701] Surrender of System Upon termination of this Agreement, by lapse of time or otherwise, Operator shall surrender and turn over possession of the System to Agency in the same manner and condition as it received the System, excepting reasonable wear and tear, as well as all drawings, computer programs, computer input and output, analysis, plans, photographic images, tests, maps, surveys and writer’s materials of any kind generated in the performance of its services under this Agreement up to and including the date of termination. 122 PARKING OPERATIONS AGREEMENT - 20 B. [§ 702] Effect of Default It is expressly agreed between the Parties hereto that in the event any Parking Facility is deserted, vacated, or abandoned, or if Operator shall sell, assign, or pledge this Agreement except as provided herein; or if default be made in the performance of any of the covenants and agreements to be performed by Operator; or if Operator shall fail to comply with any of the statutes, ordinances, rules, orders, regulations, or requirements of the federal, state, or city governments; or if Operator shall file a petition in bankruptcy or make an assignment for the benefit of creditors or take advantage of any insolvency act, Agency may elect to terminate this Agreement and the terms hereof. In the event Agency elects to terminate this Agreement because of a violation of this section, upon such termination, Operator shall compensate Agency for the loss in revenue suffered by reason of such termination. If Operator is in default of any of the terms and conditions of this Agreement or violates any law or ordinance or rules and regulations and fails or refuses, after ten (10) days’ written notice, to perform or correct conditions by which such Agreement is breached, then this Agreement shall be deemed terminated without notice or demand. In the event of any default or breach of this Agreement by Operator, Agency, in addition to any other rights or remedies it may have, shall upon three (3) days’ written notice have the immediate right of reentry. Upon exercise of the right of reentry, Agency may require Operator to remove all of Operator’s property and restore the System. Should Agency at any time terminate this Agreement for any breach, Agency may recover from Operator for any direct damages incurred by reason of such breach, including the costs of recovering the System, the loss in revenue suffered by reason of such termination, and reasonable attorney fees. In the event of such termination, Agency may withhold any future payments to Operator, on a pro-rated basis, in settling all accounts. No payment of money by Agency to Operator after default, cancellation, or expiration of this Agreement or any extension thereof, shall reinstate, continue, or extend the term of this Agreement or affect any notice given to Operator by Agency or operate as a waiver of any right of Agency. 123 PARKING OPERATIONS AGREEMENT - 21 C. [§ 703] Legal Actions 1. [§ 704] Institution of Legal Actions In addition to any other rights or remedies, either Party may institute legal action to cure, correct, or remedy any default, or recover damages for any default, or to obtain any other remedy consistent with the purpose of this Agreement. 2. [§ 705] Applicable Law The laws of the State of Colorado shall govern the interpretation and enforcement of this Agreement. 3. [§ 706] Alternative Dispute Resolution In the event that a dispute arises between Agency and Operator regarding application or interpretation of any provision of this Agreement, the aggrieved Party shall promptly provide written notice to the other Party to this Agreement of the dispute within ten (10) days after such dispute arises. If the Parties shall have failed to resolve the dispute within thirty (30) days after delivery of such notice, the Parties may first endeavor to settle the dispute in an amicable manner by mediation. If the Parties elect to mediate their dispute, the Parties will select a mediator by mutual agreement and agree to each pay half of the mediator’s costs and fees. The mediation will take place in Boulder, Colorado, unless otherwise agreed by the Parties in writing. Should the Parties be unable to resolve the dispute to their mutual satisfaction within thirty (30) days after such completion of mediation, each Party shall have the right to pursue any rights or remedies it may have at law or in equity. If the Parties do not mutually agree to mediate the dispute, either Party may pursue any rights or remedies it may have at law. D. [§ 707] Rights and Remedies Are Cumulative Except as otherwise expressly stated in this Agreement, the rights and remedies of the Parties are cumulative, and the exercise by any Party of one or more of such rights or remedies shall not preclude the exercise by it at the same time or different times, of any other rights or remedies for the same default or any other default by the other Party. E. [§ 708] Attorney Fees In the event of any action or proceeding at law or in equity, including arbitration, between Agency and Operator to enforce any provision of this Agreement or to protect or establish any right or remedy of either Party hereunder, the unsuccessful Party to such action shall pay to the prevailing Party all costs and expenses, including reasonable attorney fees incurred therein by such prevailing Party (including such costs and fees incurred on appeal), and if such 124 PARKING OPERATIONS AGREEMENT - 22 prevailing Party shall recover judgment in any such action or proceeding, such costs, expenses, and attorney fees shall be included in and as a part of such judgment or award. The provisions of this Section 708 shall apply to any termination of this agreement and shall survive such termination. F. [§ 709] Choice of Law This Agreement shall be interpreted and enforced in accordance with and governed by the laws of the State of Colorado. The language in all parts of this Agreement shall be, in all cases, construed according to its fair meaning and not strictly for or against Operator or Agency. VIII. [§ 800] MISCELLANEOUS A. [§ 801] Notice All notices, demands, or other communications required to be in writing by this Agreement shall be deemed given when personally delivered, delivered by courier, or sent by certified or registered mail, postage prepaid, with proper address as indicated below. Agency and Operator may, by written notice given to each to the other, designate any address or addresses to which notices, certificates, or other communications to them shall be sent when required as contemplated by this Agreement. Until otherwise provided by the respective Parties, all notices, certificates, or other communications to them shall be sent when required as contemplated by this Agreement. Until otherwise provided by the respective Parties, all notices, demands, and communications to each of them shall be addressed as follows: To Agency: To Operator: Vanessa Solesbee, Parking & Transit Manager Jeff Wolfe, Chief Executive Officer Town of Estes Park The Car Park, LLC 170 MacGregor Avenue 702 W. Idaho Street, Suite 400 Estes Park, CO 80517 Boise, Idaho 83702 970 577-3957 208-336-6597 vsolesbee@estes.org jwolfe@thecarpark.com Telephone numbers and E-mail addresses are for convenience and not to be used for notices required to be in writing. Informal notices and communication may be delivered in person or by telephone, U.S. Mail, courier, E-mail, or FAX. Either Party may, by written notice, change the address, telephone number, FAX number, or e-mail address listed above. 125 PARKING OPERATIONS AGREEMENT - 23 B. [§ 802] Compliance with Laws and Ordinances Operator agrees to operate the System in compliance with this Agreement and all laws and ordinances in effect or which may hereafter be adopted, including, but not limited to, federal law and regulation, laws of the State of Colorado. C. [§ 803] Rules and Regulations Agency may, at its discretion, adopt reasonable rules and regulations relating to the operation and use of the System, and Operator agrees to abide by such rules and regulations. D. [§ 804] Assignability by Operator The rights, obligations and duties under this Agreement of Operator shall not be assigned or transferred, in whole or in part, without the prior written permission of Agency. E. [§ 805] Damage, Destruction, or Sale If during the term of this Agreement all or any part of any Parking Facility which is part of the System shall be destroyed or materially damaged from any cause, Agency shall have the option to repair, replace, and restore the damaged portion of the Parking Facility to its former condition or to discontinue all or any part of the operations of the Parking Facility. In either case, Agency may, at its option, cancel, modify, or suspend the operation of this Agreement as it related to such Parking Facility upon thirty (30) days’ written notice to Operator. In such instance, Operator’s expenses and Operator’s fees shall be adjusted accordingly. Likewise, such adjustment shall be made in the event Agency sells or transfers any Parking Facility which constitutes part of the System. F. [§ 806] Parking for Persons with Disabilities In order to comply with applicable standards established by federal, state, or local law, parking spaces for access by the disabled shall be designated in each Parking Facility by Agency as may be required. G. [§ 807] Option to Add Parking Facilities / Option to Delete Parking Facilities Agency may add to this Agreement additional Parking Facilities which shall be managed by Operator under the same terms and conditions of this Agreement. Likewise, Agency may delete from this Agreement those Parking Facilities which may be closed or conveyed to others. 126 PARKING OPERATIONS AGREEMENT - 24 H. [§ 808] Free or Reduced Fee Use of Parking Facilities Agency may allow free or reduced fee parking in its Parking Facilities for certain events or programs. If Agency permits reduce fee parking in Parking Facilities, Operator shall manage the operation of the Parking Facility or lot as directed by Agency. Any expenses incurred will be reimbursed as an operating expense as defined in Section 505 but will not be included as an operating expense for net revenue calculations. I. [§ 809] Event Parking Agency intends that the System will be open for events throughout the Project Areas. Operator shall manage the System to accommodate these events and set event rates as directed by Agency and shall provide any accounting for the individual events as required by Agency. Operating expenses incurred to accommodate event parking shall be included in the reimbursable expenses, and revenues shall be included in total gross revenues per Parking Facility. Operator shall perform all prepaid event parking marketing as directed by Agency. J. [§ 810] Agency’s Right to Inspect and Make Repairs Agency shall have the right, at such times as may be reasonable under the circumstances, and with as little interruption to Operator’s operations as is reasonably practicable, all as determined by Agency to: 1. Inspect the Parking System at reasonable intervals during regular business hours (or at any time in case of emergency) to determine whether Operator has complied and is complying with the terms and conditions of this Agreement. 2. Perform maintenance and make repairs and replacements. 3. Perform maintenance and make repairs and replacements in any case where Agency determines that it is necessary or desirable to do so in order to preserve the structural safety of the System or of individual Parking Facilities or to correct any condition likely to cause injuries or damages to persons or property. K. [§ 811] Descriptive Headings The headings used herein are for description only and for the convenience of identifying the provisions hereof and are not determinative of the meaning or effect of any of the provisions of this Agreement. 127 PARKING OPERATIONS AGREEMENT - 25 L. [§ 812] Severability If any provision of the Agreement shall be invalid or unenforceable, the remainder hereof shall nevertheless continue in full force and effect. M. [§ 813] Parties in Interest All terms and provisions of this Agreement shall be binding upon and inure to the benefit of and be enforceable by the Parties hereto and by their respective successors in interest. N. [§ 814] Not a Lease The Parties acknowledge that this Agreement does not constitute a lease of any Parking Facility or of the System in total and Operator assumes no responsibility for taxes, repairs, or upkeep of the System, except as provided in Sections 301 and 305 of this Agreement. O. [§ 815] Governmental Action In the event any governmental authority takes any action that inhibits or adversely affects vehicle ingress to or egress from a Parking Facility in the System or from the System in total, whether by threat of eminent domain or any other government power, or if any governmental authority takes any action relating to the parking, fueling, or use of motor vehicles which causes or substantially contributes to a reduction in the use of the Parking Facilities or the System in total, Operator shall have the right to terminate this Agreement by giving one hundred twenty (120) days’ written notice to Agency or continue its operations in the remainder of the System, if any, with an appropriate negotiated adjustment to Operator’s compensation. P. [§ 816] Inspection of Books and Records Agency has the right during normal business hours without need for notice to inspect the books and records of Operator pertaining to the System as pertinent to the purposes of this Agreement. Q. [§ 817] Identity and Authority of Agency Each of the persons executing this Agreement on behalf of Agency does hereby covenant and warrant that Agency has full right, power, and authority to enter into this Agreement and to carry out all actions contemplated by this Agreement; that the execution and delivery of this Agreement were duly authorized by proper action of Agency and no consent, authorization, or approval of any person, board, or other entity is necessary in connection with such execution and delivery or to carry out all actions contemplated by this Agreement, 128 PARKING OPERATIONS AGREEMENT - 26 except as have been obtained and are in full force and effect; and that this Agreement constitutes the valid, binding, and enforceable obligation of Agency. Upon Operator’s request, Agency shall provide Operator with evidence reasonably satisfactory to Operator confirming the foregoing covenants and warranties. R. [§ 818] Identity and Authority of Operator Each of the persons executing this Agreement on behalf of Operator does hereby covenant and warrant that Operator has full right, power, and authority to enter into this Agreement and to carry out all actions contemplated by this Agreement; that the execution and delivery of this Agreement were duly authorized by proper action of Operator; that no consent, authorization, or approval of any person, board, or other entity is necessary in connection with such execution and delivery or to carry out all actions contemplated by this Agreement, except as have been obtained and are in full force and effect; and that this Agreement constitutes the valid, binding, and enforceable obligation of Operator. Upon Agency’s request, Operator shall provide Agency with evidence reasonably satisfactory to Agency confirming the foregoing covenants and warranties. IX. [§ 900] MISCELLANEOUS A. COUNTERPARTS: This Agreement may be executed in any number of counterparts, and once so executed by all Parties hereto, each such counterpart hereof shall be deemed to be an original instrument, but all such counterparts together shall constitute but one (1) agreement. B. VENUE: Venue and jurisdiction for any court action filed regarding this Agreement shall be only in Larimer County, Colorado. C. UNLAWFUL EMPLOYEES, CONTRACTORS AND SUBCONTRACTORS: Operator shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Operator shall not knowingly contract with a subcontractor that (a) knowingly employs or contracts with an illegal alien to perform work under this Agreement or (b) fails to certify to the Operator that the subcontractor will not knowingly employ or contract with an illegal alien to perform work under this Agreement. D. VERIFICATION REGARDING ILLEGAL ALIENS: Operator has confirmed the employment eligibility of all employees newly hired for employment to perform work under this Agreement through participation in either the E-verify program administered jointly by the United States Department of Homeland Security and 129 PARKING OPERATIONS AGREEMENT - 27 the Social Security Administration or the employment verification program of the Colorado Department of Labor & Employment. E. LIMITATION REGARDING E-VERIFY PROGRAM: Operator shall not use either E-verify or Colorado Department of Labor & Employment program procedures to undertake pre-employment screening of job applicants while performing this Agreement. F. DUTY TO TERMINATE A SUBCONTRACT; EXCEPTIONS: If Operator obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, the Operator shall, unless the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien: 1. notify the subcontractor and the Town within three (3) days that the Operator has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. terminate the subcontract with the subcontractor if, within three days of receiving notice that the Operator has actual knowledge that the subcontractor is employing or contracting with an illegal alien, the subcontractor does not stop employing or contracting with the illegal alien. G. DUTY TO COMPLY WITH STATE INVESTIGATION: Operator shall comply with any reasonable request of the Colorado Department of Labor and Employment made in the course of an investigation pursuant to C.R.S. 8-17.5-102 (5). H. DAMAGES FOR BREACH OF CONTRACT: In addition to any other legal or equitable remedy the Town may be entitled to for a breach of this Agreement, if the Town terminates this Agreement, in whole or in part, due to Operator’s breach of any provision of this Agreement, Operator shall be liable for actual and consequential damages to the Town. I. NO THIRD-PARTY BENEFICIARIES: The parties intend no third-party beneficiaries under this Agreement. Any person besides Agency or Operator receiving services or benefits under this Agreement is an incidental beneficiary only. J. AGENCY’S RIGHT TO BAR PERSONNEL FROM WORK SITE: For conduct the Agency (in its sole discretion) decides may violate applicable laws, ordinances rules or regulations, or may expose Agency to liability or loss, Agency may bar any person (including Operator’s and its subcontractors’ employees) from the 130 PARKING OPERATIONS AGREEMENT - 28 Agency’s work sites. Such a bar shall not require any employee's discharge from employment, but shall merely prohibit the employee's presence at Agency’s work sites. Such a bar shall not warrant an increase in contract time or price. K. WAIVER: No waiver of any breach or default under this Agreement shall waive any other or later breach or default. X. [§ 1000] ENTIRE AGREEMENT, WAIVERS, AND AMENDMENTS This Agreement is executed in two (2) duplicate originals, each of which is deemed to be an original. This Agreement includes: Exhibit A: Map and List of the Project Areas and Parking System; Exhibit B: Approved Operator Budget & Management Fee Attachment 1: Downtown Parking Management Plan Attachment 2: Exhibits A, B and C and Attachment 1 attached hereto are incorporated herein by reference, all of which constitute the entire understanding and agreement of the Parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto and supersedes all negotiations or previous agreements between the Parties with respect to all or any part of the subject matter hereof. All waivers of the provisions of this Agreement shall be in writing and signed by the appropriate authorities of Agency and Operator, and all amendments hereto shall be in writing and signed by the appropriate authorities of Agency and Operator. XI. [§ 1100] EFFECTIVE DATE OF AGREEMENT The effective date of this Agreement shall be January 15, 2020. End of Agreement | Signatures appear on the following page. 131 PARKING OPERATIONS AGREEMENT - 29 IN WITNESS WHEREOF, Agency and Operator have caused this Agreement to be executed in their respective corporate names. Town of Estes Park___________________________________________ “Agency” By: Todd Jirsa, Mayor Date: Approved as to Form: Town Attorney THE CAR PARK, LLC “Operator” By: Jeff Wolfe, Chief Executive Officer Date: 132 PARKING OPERATIONS AGREEMENT - 30 State of ) ) ss: County of ) The foregoing instrument was acknowledged before me by , (Name of party signing) a member/partner/manager/limited partner/agent (select one) on behalf of (Name of limited liability company) a limited liability company, this day of , 2020. Witness my hand and official Seal. My Commission expires . Notary Public 133 PARKING OPERATIONS AGREEMENT - 31 Exhibit A Agency Project Areas and Parking System 134 PARKING OPERATIONS AGREEMENT - 32 Exhibit B Approved Operator Budget & Management Fee 1. Operating Budget The budget from January 15, 2020 through December 31, 2020 for the Operator shall be: Four hundred seventy seven thousand nine hundred and fifteen _DOLLARS ($474,074) Payments shall be made by Agency to Operator on a monthly basis in accordance with Section 600 et al. of this Agreement. 2. Management Fee plus Merit Increase The total management fee plus merit increase due to the Operator for the term from January 15, 2020_______through December 31, 2020 shall not exceed: Thirty thousand DOLLARS ($$30,000) The management fee shall be divided over twelve equal monthly installments in accordance with Section 500 et al. of this Agreement. The amount of the management fee plus merit increase is included in, and not in addition to, the Operating Budget. 3. Performance-Based Incentives At the conclusion of the initial term and any one-year extension exercised by Agency, Operator shall be eligible for a performance bonus which may range from $0 to $2,250as described in Section 502 of this Agreement. The not-to-exceed payment limit for this budget year is $510,165. 4. Revenue Projection The minimum revenue objectives that the Operator shall strive to deliver to the Agency are: $660,000 from metered/paid parking spaces, $10,000 parking permits, and $15,000 citations. The total minimum forecast revenue is $685,000. 135 PARKING OPERATIONS AGREEMENT - 33 Attachment 1 Downtown Parking Management Plan [The Parking Management Plan as described above follows this page.] 136 PARKING OPERATIONS AGREEMENT - 34 Attachment 2 Parking Management Request for Proposal [The Parking Management Request for Proposal as described above follows this page.] 137 PARKING OPERATIONS AGREEMENT - 35 Attachment 3 Resolution 37-19 [Resolution 37-19 as described above follows this page.] 138 PARKING OPERATIONS AGREEMENT - 36 Attachment 4 The Car Park Services and Fee Proposal [The Car Park Services and Fee Proposal as described above follows this page.] 139 THE CAR PARK TOWN OF ESTES PARK SERVICES PROPOSAL: MANAGEMENT OF PUBLIC PARKING FACILITIES TTABLE OF CONTENTS COVER LETTER ..................................................................................................................................................................................................................................  ORGANIZATION AND FIRM/PERSONNEL QUALIFICATIONS .........................................................................................................................................................  THE CAR PARK CORE VALUES ........................................................................................................................................................................................................  CUSTOMER SERVICE PRACTICES .................................................................................................................................................................................................. 1 BUDGET .............................................................................................................................................................................................................................................. 1 PROJECT APPROACH ....................................................................................................................................................................................................................... 1 IMPLEMENTATION PLAN ...................................................................................................................................................................................................................  INNOVATIVE IDEAS ............................................................................................................................................................................................................................  REFERENCES .....................................................................................................................................................................................................................................  CONTACT INFORMATION ..................................................................................................................................................................................................................  FEE ......................................................................................................................................................................................................................................................  SUMMARY ...........................................................................................................................................................................................................................................  ATTACHMENTS ..................................................................................................................................................................................................................................  Page 1 $77$&+0(17$............................................................................................................................................................................................................................  $77$&+0(17% .................................................................................................................................................................................................................  $77$&+0(17&...........................................................................................................................................................................................................................  $77$&+0(17'...........................................................................................................................................................................................................................  ATTACHMENT(......................................................................................................................................................................................................................... 140 December 9, 2019 Ms. Vanessa Solesbee Parking and Transit Manager Town of Estes Park P. O. Box 1200 Estes Park, Colorado 80517 Dear Ms. Solesbee, Many parking companies today seem to be vying to see who can be the biggest, somehow thinking it is what is best for the client. Wouldn’t it be refreshing to have an operator who wants to customize their service to the client’s needs? Isn’t this the direction our industry should be headed towards? The Car Park’s ability to customize to client’s needs, as well as being nimble enough to quickly embrace technological changes in our industry has been our method of operation from the beginning. We’re not interested in being the biggest because we don’t believe we can best serve our clients in this way. We operate in cities similar to Estes Park, including Hailey, Idaho (Sun Valley), Asheville, Chapel Hill, and Durham, North Carolina along with Wichita, Kansas. We understand the importance of serving both local residents and the tourists who visit your community throughout the year. We have significant experience converting cities to paid parking programs and have chosen to team up with Kimley-Horn for this RFP, and specifically Dennis Burns. Having worked with Dennis in the past, we believe his firm’s expertise working with municipalities as they migrate from an unpaid to a paid parking program provides the City of Estes Park with a seamless transition. The timeline put forth in the RFP is very aggressive, but achievable. We have included Kimley-Horn because they see these transitions frequently, have worked in Estes Park already and thus, have a depth of knowledge regarding parking and the community. Teaming a parking operator with a consulting firm, and at no additional cost to you, takes the best of each, creating a team who will perform the transition at a very high level. As an operator, The Car Park stays at the forefront of technology in our industry. We were one of the first operators in the United States to incorporate electronic pay stations. We rolled out pay stations in the late 90’s and have not stopped since, becoming a dealer for T2 in 2003. We were the first parking company to use Waze as a means to drive customers to our parking lots, something that is now widespread throughout our industry. We have been transitioning immobilization practices to The Barnacle , as we find it to be a better alternative to the old-fashioned metal wheel boot, for both the community and for us. With respect to event parking, we use handheld devices to take payments from Apple Pay and Google Pay, in addition to credit cards and then issue an electronic or printed receipt for better financial control and customer service. We use many of our industry’s reservations systems to further reduce cash payments and provide better service to our customers. We see mobile and fixed license plate recognition (LPR) as the future for parking and use it at many of our locations. We just completed development of our own enforcement software, which can be customized to meet our client’s unique needs. Ms. Vanessa Solesbee Page Two December 9, 2019 All parking companies talk about their great customer service, but how many can actually demonstrate it? We use a company called Service Scouts to provide us with feedback on our team. We consistently rank the highest of any parking company they survey and use the results to reward great service and team coaching if we don’t. Two years ago, we introduced the Forbes Five Star training program to our team members. This is the same training many of the world’s top hospitality and service companies use. Our parking ambassadors are trained to effectively handle even the most difficult situations. We know we’re the right fit for the Town of Estes Park. Our commitment to service, teaming up with Kimley-Horn because it would be an asset to the City, and our ability to be nimble while adapting to our changing industry delivers a powerful team to the Town of Estes Park. We would appreciate the opportunity for an interview to further demonstrate and discuss our abilities and look forward to learning more about the Town of Estes Park and your goals for a first-class parking program. Sincerely, Jeff Wolfe Chief Executive Officer 141 ORGANIZATION AND FIRM/PERSONNEL QUALIFICATIONS IINTRODUCTION We have much to offer the Town of Estes Park (Town) to meet the requirements of this proposal. You will find in our response that our experience aligns with Estes Park’s goals of: x Implementing a seasonal paid parking program x Working to change parking behavior within the core downtown area x Focusing on operational excellence of a parking management operation Our experience of implementing and managing a permit program along with our technology recommendations will help the Town complete Phase II of its parking program resulting in a parking program of excellence to satisfy residents, business owners and employees, and the many seasonal visitors who visit the core area of Estes Park every year. Page 4 RRELEVANT EXPERIENCE We operate parking for several municipalities across the nation. For this proposal, we have selected municipalities that align best with the needs described in the RFP for comparison. Each location is unique in its own challenges and opportunities, but we feel our experience in each is valuable to meet the parking management goals of Estes Park. Capital City Development Corporation (ParkBOI) We have operated the ParkBOI public parking garages for the Capital City Development Corporation (CCDC) since April 2012. The ParkBOI properties consist of seven garages and one surface lot that encompass over 3,000 spaces and serve several hotels, an event arena, numerous office buildings, residential and vibrant retail, and restaurant and nighttime businesses in the core area of downtown Boise, Idaho. In our first six months of operation, expenses were reduced by $220,000, revenue increased by $54,000, and net profit was over $250,000 higher, or an increase of 24%. We have updated the entire parking system equipment in a conversion from cashier booths to be a fully automated PARCS system that also integrates with our remote management command center. We recently installed exterior signage indicating current available inventory (empty spaces) to help customers efficiently find available parking. An additional 850-space garage was recently added to the ParkBOI system. As part of this project, we completed a design review that included parking stall dimensions, traffic patterns, and final equipment selection. We also coordinated the installation, opening, marketing, and sales of this garage. We have also worked with CCDC on the re-branding of the garages and website including introducing a new back-end account management and citation payment platform, as well as managing a permit program for the many employees and residents in the Core Area. City of Raleigh, North Carolina Our sub-brand, McLaurin Parking, has operated the City of Raleigh’s parking for over 30 years. The system consists of eight parking garages and multiple surface lots with over 9,000 parking spaces. Downtown Raleigh has numerous events that occur throughout the year. Our team coordinates with the Performing Arts Center and the Convention Center on the parking for these events. We have a dedicated team of certified traffic directors that help ingress and egress at the parking facilities. Boise, Idaho Raleigh, North Carolina Page 5 142 The City of Raleigh has seen tremendous growth downtown in recent years. Parking demand has outstripped supply in the city garages. We were asked to review each parking facility to see if we could find additional spaces or ways to reduce parking demand. Our team went through weeks of data gathering to determine the diversity and oversell rates for each garage. From this information, we developed a garage-by-garage plan to increase the number of monthly residential and employee permits sold. This resulted in over $200,000 of additional annual revenue. Our North Carolina team is also responsible for providing the parking and transportation for football game days at the University of North Carolina, North Carolina State University, and Duke University. We also equate our game day experience to High Point Market which happens twice a year in North Carolina. Here, our team provides extensive shuttle and traffic control servicesVTCPURQTVKPIQXGTRGQRNGVQVJTGGTGIKQPCNCKTRQTVUCPFQXGTJQVGNUQXGTCQPGYGGMVKOGHTCOG This speaks to our experience of managing the flow of large amounts of people -- much like the 4.5 million visitors the Town of Estes Park experiences each year. CCity of Wichita We operate four garages with over 2,100 spaces for the City of Wichita, InTrust Arena parking, and over 20 surface lots. We have provided parking operations management, including event management, for the City of Wichita since August 2010. Completed updates include new equipment installation, professionally branded signage packages, and automation of the new Block 1 Garage and the recently refurbished Macy’s Garage. We are in the process of automating the City Hall Garage, which will complete the automation of the parking facilities in the City of Wichita. In 2018, we assumed responsibility for meter collections for the City of Wichita. We collect from 918 on-street spaces and deposit the revenue into a city account. “I could not be more pleased with The Car Park’s management of our operations. They continue to think in both a cost-effective and innovative manner year after year.” —Max Clark, Capital City Development Corporation Wichita, Kansas Page 6 KKEY PERSONNEL Jeff Wolfe, CEO - The Car Park Mr. Wolfe has 33 years of experience in the parking industry. Prior to founding The Car Park, he spent 17 years at Central Parking Corporation; as Senior Vice President and founded The Car Park in June of 2003. Mr. Wolfe has started numerous municipal parking programs throughout his career. These include the City of Fort Myers, Florida; Houston, Texas; and Charlotte, North Carolina. Mr. Wolfe has been a leader in bringing technology to the parking industry, from creating one of the industry's first websites to becoming one of the early adopters of electronic pay stations and the use of ticketing handhelds. He has remained active in the National Parking Association, most recently as Chairman of the organization from 2012 to 2014. He KUQHVGPinvited to present topics at the meetings and participates in regional parking associations and seminars. Mr. Wolfe is also a member of the Pacific Intermountain Parking and Transportation Association (PIPTA) and the International Parking and Mobility Institute (IPMI). Dennis Burns, CAPP - Kimley-Horn Mr. Burns is a nationally recognized parking specialist with 35 years of parking consulting and management experience. He has led national research and analysis efforts in the areas of parking system organizational development, parking as an economic development strategy, parking system strategic planning, "smart parking" system development, parking and transportation program integration, and parking system branding/marketing. Mr. Burns has extensive expertise in the development and operation of transportation systems to complement parking operations, as well as transportation demand management strategies designed to reduce overall parking demand and has served as principal-in-charge and project manager on over 400 parking studies. Mr. Burns is the author of numerous articles and white papers and is a contributing blogger for the International Parking and Mobility Institute. Mr. Burns is a Certified APO Site Assessor from IPMI and is also a Certified Administrator of Public Parking (CAPP) from the National Parking Association. Mr. Burns has a Bachelor’s in Humanities from the University of North Carolina. “Thank you again for coordinating our parking last Saturday. I did not receive any complaints – only thanks! I know it was a changing landscape, and not without its own frustrations, but we really appreciate that you set the gold standard for our patrons, and for all others who follow with events at JUMP.” —Sandi, The Car Park Client Page 7 143 SStephen Phillips, Director of Operations - The Car Park Mr. Phillips brings extensive administrative and operational expertise obtained over a career spanning more than 20 years in the parking industry. Starting his parking career as a location attendant, Mr. Phillips has worked his way up from holding many front-line positions to senior management level positions. He has been responsible for all day-to-day parking operations at owned, leased, and managed parking facilities. Throughout his career he has been responsible for business development, implementation and transition of new contracts, oversight of staff and client relations, and internal audit. Mr. Phillips is currently responsible for overseeing The Car Park’s day- to-day 0QTVJYGUV operations. He has worked in many major markets across the county including New York, Boston, Los Angeles, Miami, Atlanta, and Philadelphia. This experience has given him the capacity and understanding to successfully operate large scale events, retail, commercial and residential parking operations. Mr. Phillips has a bachelor’s degree in History from Georgia State University. Matt Eisenberg, CPP, General Manager - The Car Park Mr. Eisenberg joined The Car Park in 2017 and is our proposed Manager to oversee parking operations, the implementation of the seasonal paid parking program, employee recruitment and training, and the implementation of a residential and employee permit and incentive program. Prior to joining The Car Park, he worked in the high-end hospitality industry and has brought a high-level of customer service experience to his operations. He currently oversees multiple operational branches including parking operations, and scheduling and training. Mr. Eisenberg has experience implementing LPR programs, seasonal and event parking operations, and extensive equipment installation experience. Mr. Eisenberg’s strengths are increasing revenue and generating new business. He is adept at developing programs to improve operations, employee progression, and customer satisfaction. Mr. Eisenberg is also skilled at cultivating solid business relationships and generating effective partnerships. He received his Certified Parking Professional (CPP) certificationthrough the National Parking Association. Mr. Eisenberg received his bachelor’s degree in Political Science with a Minor in English and History from the University of Vermont. Page 8 WWHO WE ARE At The Car Park, we create a personal, tailored, boutique-type of experience for clients and customers. This was the genesis behind forming The Car Park in 2003. Your operation deserves more than a one-size-fits-all approach. Every community is different and merits a program specifically tailored for your needs. The company has expanded from managing just a few properties to more than 250 locations in twelve states. We are experts at meeting the unique needs of the markets we serve, including municipalities, healthcare, airports, events, hospitality, office, retail and residential, and universities. We also provide 24/7/365 remote management services for automated garages and pedestrian kiosks; transportation management including logistics and shuttle transportation through our GPS enabled fleet; enforcement monitoring for both on- and off-street parking; valet, traffic control and PARCS equipment design and consultation services. Our goal is to create unique experiences for clients with a service first philosophy. Our success for our clients is a result of dedication to performance through maximizing revenue, through strength of service, and through integrity. ABOUT KIMLEY-HORN Established in 1967, Kimley-Horn is an employee-owned, full-service consulting firm offering comprehensive and innovative planning, engineering, and environmental services for public and private clients in Arizona, throughout the West, and across the nation. Through an unwavering commitment to quality services, professional integrity, and client service, they have become one of the top U.S. design firms staffed with a diverse team of over 4,000 professionals in over 90 offices nationwide. Our professionals provide expertise in parking planning and design, engineering and design services in fields including transit, civil infrastructure, transportation, traffic, water resources, utility systems, land-use and master planning, landscape architecture, project visualization, and community outreach. Kimley-Horn provides their clients with the local knowledge and responsiveness of a small firm, backed by the resources of a national firm. High Point Market UNC at Chapel Hill NC State Fair Page 9 144 WWE KNOW PARKING In our review of Estes Park’s parking operations, we see the Town’s parking shares many past parallels to our operations in Boise, Idaho. Boise is one of the fastest growing cities in the nation and recipient of awards such as Livability.com’s 2019 Top 100 Best Places to Live securKPI the No. 1 spot. Parking in Boise had to adapt with growth. When we assumed the Capital City Development Corporation (CCDC) - ParkBOI contract in Boise, we had the following goals in mind that drove us to success: 1. Maximize monthly and daily customers in garages. Offer alternatives as needed through traffic demand management. 2. Increase rates to an appropriate market rate for a city the size of Boise. 3. Ensure garages are well-kept and equipment and mechanical systems are maintained and running as smoothly as possible. 4. Provide legendary customer service. 5. Increase revenue while decreasing costs through efficiencies. Along with these goals we have worked to implement smart parking methods by fully automating each garage and partnering with mobile payment systems to make parking more effortless for customers. We believe we are the best Operator to fulfill the needs of this contract because in partnering with the City of Boise and CCDC, we have successfully updated the paid parking program in Boise to meet the needs of the City and its customers. The new public paid parking program, branded as ParkBOI, uses zone pricing where the highest rates are in the inner core area with the shortest length of stay time limits promoting a high turnover rate to best serve businesses and their customers. Customers who plan to stay for longer periods of time are encouraged to park in the garages or in perimeter lots and on-street spaces, where rates are more cost-friendly. This zone pricing, paired with the lower garage rates and permit parking program, have changed parking behavior in downtown Boise to create a more efficient parking infrastructure, less congestion in the core area due to a reduction of parkers searching for street parking, and turnover that promotes the vibrancy needed in a dynamic city. ParkBOI Zone Pricing and Parking Facilities Photos Courtesy of CCDC Page 10 THE CAR PARK CORE VALUES We create forward-thinking parking solutions that elevate our industry and make our clients shine. We know from past experience that the simplest answer is often the most thoughtful one. We understand that every stall number represents a person, and every lot is an investment. We believe in the relationships behind the numbers. Five-star customer service training gives the power to all our employees to make it right with every customer. Page 11 145 CUSTOMER SERVICE PRACTICES The RFP states customer service is a priority for the Town of Estes Park and that employees use a “Service Elevated” training approach. We would be pleased to participate in this training. As a supplemental customer service training option, we offer Forbes Travel Guide Hospitality Training to our team and will provide that as well. FForbes Five Star Customer Service Training We recently adopted one of the most well-known service training programs worldwide, The Forbes Travel Guide Hospitality program. This training program focuses on developing a culture of intuitive, engaged team members, allowing the personality of the Town of Estes Park to shine and employees to flourish. Training modules are tailored to each property and integrate brand standards and management initiatives. “On behalf of the Southwest pilots based here we would like to thank you and your staff on an absolutely outstanding job of customer service. Your company has been a model that other service parking operators should aspire to. AWESOME people to deal with and great service. We appreciate that.” -Sidney H., Crew Base Coordinator, Southwest Airlines Page 12 BUDGET Based on the RFP and other documents provided, we present the attached budget for your consideration. We made several assumptions such as the capital costs for the equipment and back office software will be provided by the Town of Estes Park. If this is not the case, once we determine the quantity and type of equipment needed, this budget amount can easily be added. The Car Park is able to purchase the City’s equipment and systems and amortize it over the life of the contract if so desired. Listed below are our assumptions for your review and discussion: RRevenue Transient Transient revenue is based on the 605 soon to be “paid parking” spaces at the rate of $2.00 per hour. Since this is a seasonal parking program, we used May 1st through October 18th as the period for paid parking. We used the hours of 10:00 AM to 6:00 PM for paid parking, seven days a week. We broke revenue out by weekday and weekend parking. The weekend revenue was higher due to a higher occupancy. Permits Permit revenue was based on the information provided in the RFP. We do believe this revenue will increase once a paid parking program goes into effect. Citations Citation revenue is based on our experience. We broke citations out for those paid within the first 14 days with no increase, and those paid after 14 days with the increased rate. Citations were further broken out by the paid seasonal parking and permit parking. Expenses G&A G&A includes an on-site manager at a $75,000 annual salary, a full-time clerical person to provide administrative support including permit sales. This person would also be responsible for generating reports to the City as well as general bookkeeping duties. Human Resources We have included a small allocation to assist the on-site team with recruitment, hiring and training. The allocation is 2 hours per week or $2,600 annually. Page 13 146 Enforcement Parking Enforcement Officers (PEO’s) would be assigned during the seasonal parking timeframe. We budgeted for two full time employees, utilized seven days a week throughout the parking system. With the use of LPR or other technologies, two PEO’s on throughout the day should be sufficient to cover parking enforcement. We used a pay rate of $16 per hour. We have found with the low unemployment coupled with the high cost of living in towns like Estes Park we have to use this higher rate to find and retain quality people. Ambassadors We felt four ambassadors would be needed to assist customers during the initial seasonal parking program. This would be reduced in the second year depending on the success of the program. PPayroll Taxes, Workers Compensation, Health and Welfare and Retirement Plans Based on payroll taxes at the federal and state level and the hours worked. Health and Welfare are based on three full-time employees. Retirement is for the company match and fees for a 401K plan. Liability Insurance Based on the number of parking spaces Telephone Office telephone expense Forms and Printing Any informational documents printed for distribution to inform the public about the parking program Monthly Permit Printing of paper permits if needed Personnel Selection Employee recruitment costs Drug Screen/Criminal Costs for drug screen and criminal background checks Wireless PEO and Ambassador phones Page 14 UUniforms Winter and summer uniforms Data Processing Costs to handle the permits and parking accounts receivable License and Permits City permits Merchant fees Credit card fees for pay stations or on-line permit sales Office Supplies General office supplies x None of the firm’s owners have ever been convicted of felony violations of federal, state or local laws. x Neither the firm nor any of the firms’ principals has ever filed for bankruptcy. Page 15 147 PROJECT APPROACH We understand the importance of creating the right approach for the Town of Estes Park. Transitioning from a free parking environment to a paid-parking program is challenging on many levels; from consistent community outreach to hiring a professional and service-oriented team, to on-time equipment installation, and establishing an effective marketing plan. All aspects of the parking system will be addressed in order to achieve best practices and meet the parking needs of the Town. Equally important to creating the right approach for implementation is the ability to set the guiding principles for the seasonal paid parking program at the outset of the project. We believe adopting the Town’s philosophy and creating a true partnership will lay the foundation for a successful transition to paid parking and pave the way for all future Town parking plans and phases. In order to help the Town meet the requirements of Phase II effectively and efficiently, we will partner with the experts at Kimley-Horn for best execution. They were instrumental in researching the needs and proposing thoughtful solutions for Estes Park within the current Downtown Parking Management Plan. Our partnership approach ensures that no stone will go unturned in providing the most knowledgeable and forward-thinking solutions for the Town of Estes Park. The following elements will be an integral part of the implementation process. CCommunity Outreach Transitioning from a free parking environment to a seasonal paid-parking program requires frequent and consistent messaging to the community. The most critical element of this process is to communicate to the merchants and tenants first to obtain buy-in and support. One of the statements we often hear during the implementation of a paid parking program is that it will negatively impact the bottom line of the local businesses. Our goal is to help Estes Park gain the majority in local support. The Public Works Memo from November 12, 2019 states the Town has already received several letters of support from residents and business owners of the core area for the proposed program. We will help continue a clear and concise message; a seasonal paid-parking program with reasonable and low rates will ensure their customers and locals have spaces in front of or near their stores at all times. Convenient and affordable parking will also drive satisfied customers and increase revenue in retail establishments. We have seen it work over and over again, and it will work, as well, in Estes Park. With merchant buy-in and engagement, they will be the best spokespeople for the program and to explain the benefits of this program to their customers. We can do many things to facilitate this message through social media and the use of Parking Ambassadors as community partners, but we can never replace the power of the business owner utilizing their customer relationships to promote the new seasonal paid-parking program. Further buy-in could occur if the funds from parking are reinvested into the core downtown area. These funds can be in the form of improvements to the facilities or planning for Phase III by creating a self-sustaining paid-parking program. Page 16 To quote Donald Shoup from his book, The High Price of Free Parking, “The right price for curb parking is the lowest price that keeps a few spots available to allow convenient access.” As your partner, we will be there with you sending this message to merchants and tenants. We have outlined some general steps below, with ideas to explore regarding communications for a successful launch. This process should start now, well before the parking equipment is installed and operational in the Core Area. SStep One: Outreach to Merchants and Tenantss Introductory and regular meetings should occur between the Town, The Car Park, business owners and their managers, and other key stakeholders. Information pieces should be produced highlighting the advantages and benefits of the new program. Time should be allowed for questions and answers. Follow-up meetings should be arranged if necessary. We see in the RFP that the Town plans to hold an initial meeting in May of 2020. We can also hold workshops to provide education about how to utilize the new parking equipment and hold Q&A sessions as necessary. We recognize feedback and buy-in from local business owners and residents is paramount to ensuring a smooth transition. We have done this in North Carolina where one of our municipality clients was implementing a paid parking program with LPR technology. We brought in an LPR mounted vehicle, along with T2 payment kiosks so people could learn hands-on how the new equipment worked. Step Two: Installation of Meters The multi-space kiosk installation project, along with signage, should coincide with final meetings with business owners and managers. Step Three: Introduction to Customers As the equipment installation commences, a press release should be prepared and distributed to the media. A spokesperson should be identified and instructed on messaging. Once the meters are in place and functioning, Parking Ambassadors will be stationed and roaming to answer any questions and assist customers. Step Four: Enforcement Warnings Only For the first six weeks, we recommend no citations be issued, only friendly reminders. We have placed these cards with positive messages on cars that are unpaid. These messages should also provide education to help redirect customers and change parking behaviors to align with the goal of the Town to increase parking turnover and reduce traffic congestion within the Core Area during the peak season. Sample Messaging Page 17 148 SStep Five: Enforcement Citations On Repeat Offenders After the first six weeks, we would propose new communication pieces including utilization of social media with instructions on how the meters work requesting parkers to please pay the meter to avoid a citation in the future. Upon receipt of a second citation, we can issue instructions on how to pay online (and can also include a payment envelope if so desired). Again, this would be a non-threatening message and we suggest a very small violation amount, in the $5.00 to $10.00 range. After a third violation is received the Town may choose to immobilize the vehicle. Our own policy has been to try and locate the owner by using the license plate to look up the registered owner. If possible, we would contact the owner, explain the situation, and work toward a resolution. If a vehicle requires immobilization, then we do not suggest booting or towing and have provided a creative solution (The Barnacle) for immobilization later in our response. We plan to work closely with the Town of Estes Park to develop a robust outreach and communication plan. In addition to initial meetings and basic educational messaging, we are able to create additional educational signage, social media posts, press releases, instructional videos, email blasts, website graphics and more. There are several channels we can use to spread the word and educate how the new paid parking program works to visitors and locals alike. 7sing Boise as a relevant comparison, we recently implemented a vehicle mounted LPR enforcement program. We developed a friendly email blast to be sent to monthly ParkBOI permit holders. We also developed educational messages that we placed on vehicles in violation of the facility’s policies to provide instruction regarding how to avoid a citation going forward. This helped change behavior in a customer-centric fashion in the ParkBOI facilities to align with the established goals. ParkBOI Educational Card and Email Blast Page 18 SStaffing and Recruiting Approach We show our team members they are valued through our actions. Paying fair wages, giving benefits to part-time team members in addition to full-time, rewarding team members through promotion from within, and giving both part-time and full-time team members paid time off to volunteer in their communities demonstrates through our actions that we are serious when it comes to valuing our team and their community. Taking the time to ensure the correct fit for the prospective team member, the company, and the Town equates to success for all. Our applicant tracking module is part of our HRIS system and integrates with ZipRecruiter, Indeed, and other recruiting sites to seamlessly and efficiently allow candidates to apply. Applications automatically sync to our system so our managers can easily assess candidates to review and extend offers. Our dedication to our communities means that we also establish solid relationships with state and local agencies as well as local colleges and universities. We would certainly take advantage of the proximity to Universities such as UC Boulder and Colorado State to create an open stream of seasonal staffing opportunities within a large potential employee pool. In North Carolina we travel to locations such as NCWorks to make it easy to meet with applicants in our community that may not have the ability to afford smartphone technology to submit an application, or who have already used public transportation to get to the agency. Ambassador Philosophy Approach Almost all of us, even parking operators, have been in a situation where we missed a parking sign, were in an unfamiliar city and not knowledgeable of the city’s parking practices, or arrived back at our meter just as the enforcement individual was writing a ticket. Showing humanity and understanding are what guide our initial approach to enforcement. It’s not a contest or show-down with the customer, it’s an opportunity. And if you train your enforcement team to look at it this way, it becomes an opportunity to model who we are as a Town and provide much more value to our citizens and visitors. In practical application this means we don’t rush to finish a citation if someone is running towards their vehicle. It means we don’t just talk to people when we are issuing citations, we greet them as we are walking down the street each day, and it means we give parkers the right to appeal a citation. The Car Park uses a high-touch Ambassador Approach in all its operations. We have implemented the “white label” Ambassador Approach at some of our locations, where the team represents the client in branded uniforms(or example x ParkBOI in Boise x UNC Hospital in North Carolina x High Point Market in North Carolina x Friedman Memorial Airport in Hailey, Idaho (Sun Valley) We are happy to discuss professionally branded uniform options with the Town for the parking team. Nowhere is this more important than towns with a significant amount of tourism that depend on meeting the needs and expectations of both rear-round residents, as well as tourists. Page 19 149 PParking Permit Approach (Employee/Resident Incentive) The Car Park manages permit parking locations in multiple markets and municipalities across our entire portfolio every day. Through this experience we can manage all aspects of the permit parking process. We manage locations that utilize traditional card access and/or “hangtag” methods. We also have locations where License Plate Technology has been implemented to improve efficiencies of the enforcement system. We are often the first parking operator to implement and utilize mobile LPR technology for permit holder accountability and enforcement. We have seen first-hand the positive results of this transition and see a change in permit holder behavior and accountability. Typical parking enforcement attendants can cover approximately 200 spaces per hour. Using vehicle mounted LPR technology we see those counts increasing into the thousands per hour on average. The LPR efficiencies have not just been realized with the enforcement team in the field, but also with the back-office team. In conjunction with our internal revenue and information management system, we created the ability for customers to purchase monthly permits online, to manage their parking account, and to join a location waitlist. In turn, this digital permitting based on license plates is leading us almost entirely away from traditional industry standardized hangtags. The result is a more efficient use of time for the back office and enforcement team. Our approach would be similar for the Town of Estes Park, in that we would prefer to utilize the existing Genetec LPR equipment in cooperation with our internal system to provide a seamless end-user experience for our customers. Employee parkers can at times present a challenge for managing the occupancy in a downtown corridor. At the start of each day, these parkers typically fill preferred spaces and utilize those spaces for extended durations, leaving the visitors to the downtown area with very limited options for close or upfront parking. The Car Park’s approach to employee parking is simple and follows one of the DPMP’s four goals in that we want to encourage the use of parking facilities on the edge of the downtown corridor for longer-term stays. We have found the best way to motivate employees to park in perimeter lots is to add financial incentives. Keeping these lots with a very small fee, or no charge at all to employees would be the largest motivating factor and is also very effective in a high tourist town such as Estes Park. The Car Park has also partnered with stakeholders to provide added value scenarios to employees when carpooling, vanpooling, or ridesharing. Our ideas include: x Carpool/Vanpool participants (up to 4) can split the monthly parking cost for whichever location they choose. x They each receive 4 parking validations at a deeply discounted rate, often 30% or less of the standard rate. x Carpool/Vanpool participants who sign up receive priority and can “jump” those on a waitlist for immediate availability. x Employees can purchase a “City Location” ePermit which allows permit holders to park in specific on-street areas in downtown for a discounted monthly fee. x Twilight ePermit designed for downtown employees who work late afternoon or evening shifts at a discounted monthly cost and allows parking in certain zones with time exemption. Per the Community Conversations, locals voiced the need for “more shuttle service offerings – more dates, more times, and more routes”. This would incentivize permit holders to use the existing shuttle more, should the permit program be extended year-round instead of just through the peak season. Implementing the local incentive parking option for residents requires communication between the Town, The Car Park, and the residents. Our systematic approach would align with our general community outreach plan where we work in collaboration with the Town to communicate the incentive program to the residents and provide the background support necessary to make the implementation both far-reaching and seamless. Page 20 AAdditional Parking Supply Approach In a partnership with the Town of Estes Park, The Car Park will actively explore cost-effective options to expand parking supply. Keeping an open-minded approach, we will seek ways, often thinking outside-of-the box, to help increase the Town’s supply. At one of our customer locations, we recently provided an analysis for a property owner where we found the curb stops to be over-spaced. After making the adjustment and re-setting the stops to the correct measurements, with minimal cost, we were able to immediately create a 25% space increase. With a daily occupancy rate in excess of 95%, the property owner will instantly see the benefits of this expansion. Equipment Approach The reality of equipment installations is they can often present multiple challenges for all the stakeholders. Having been part of many installations, some with very short turnaround times, The Car Park understands the importance of partnering with the Town as early as possible to allow for the appropriate amount of time for a seamless implementation. With our extensive background dealing directly with equipment manufacturers and vendors, networking specialists, electricians, and general contractors as well as having our own in-house specialized field technicians, we can deliver an equipment procurement and implementation strategy giving piece of mind to the Town for an on-time, fully-operable June 1st start date. We also understand the community’s sensitivity towards change. For the Town of Estes Park, implementing a full seasonal paid parking program demonstrates a substantial shift from the past. Our equipment procurement process will be predicated upon the understanding of these sensitivities and we will work in concert with both Kimley-Horn and the Town to provide a plan that emphasizes the mitigation of these concerns. Pay-By-Plate Multi-Space Kiosks For the Core Area of seasonal paid parking (up to 605 spaces) we see that meter kiosks were recommended in the 2001 SchlumbergerSema Recommended Placement of Multi-Space Parking Meters Report (20 for on-street parking and 24 for off-street parking facilities). We are willing to use this as a benchmark recommendation, but we also understand that population and Town size have increased since 2001. Certainly, the final number of kiosks decided upon should be based on industry standards or for greater convenience to the customer. However, to avoid a one-city-fits-all application, it is important to consider additional factors. We also look at the distance to the next closest meter, consider having meters on both sides of the street and review the number of spaces on a block face. If all of these factors are considered, it may be necessary to adjust the number of meter kiosks. We have solid and long-standing relationships with several equipment companies and, as a result of having an in- house account, we receive a discounted rate on equipment costs. We would pass this benefit on to the Town to save on equipment procurement costs. T2 Luke Cosmo Page 21 150 We have also utilized multi-space kiosks such as T2, Parkeon, and Metric. Multi-space meter kiosks give customers a convenient and easy way to pay for transient parking using various payment methods. These kiosks will be placed along the curbside at locations throughout the Town’s paid parking areas. The customer would be prompted to enter their license plate and the amount of time they desire. Payment can be in the form of credit cards, coins, smart card, or through an integrated mobile payment application, such as ParkMobile or Passport. MMobile Payment Systems We are also experienced in offering mobile payment methods. Customers can download the mobile parking app and find a parking space. Once they have located the zone number for the parking space on the meter or on nearby signage, they simply enter the zone number and select the amount of time they desire. The app tracks the time remaining with a countdown clock and will alert the customer when their time is about to expire. Depending on the Town’s prerogative, a customer could also extend their time when it is about to expire. Page 22 IMPLEMENTATION PLAN We understand there is limited time to plan and implement a seasonal paid parking program and can meet the Town’s goals. Due to the size and scope of this operation, ideally an implementation plan would begin 90 to 120 days prior to the transition. If selected, we would like to begin the transition as soon as possible. A single point of contact will be designated to serve as liaison between the Town of Estes Park and The Car Park throughout the entire process to meet the Town’s goals and provide the high touch customer service needed during the transition. We have provided a transition plan outline and opening checklist for the major areas to transition (see Attachment A and B). Clear actionable items with process deadlines can make your timeline achievable. Given The Car Park’s experience across all industry verticals, we are well positioned to track, collect, and analyze all Key Performance Indicators (KPI’s). As a result of that experience, we are equally adept at providing clear, concise, fact-based recommendations to the stakeholders. We recently worked in collaboration with Friedman Memorial Airport in Hailey, Idaho on a utilization study with the goal of providing the Airport Board of Directors with the necessary data support for a proposed rate increase. Using various metrics, such as duration of stay, diversity, and occupancy along with a rate study from regional comparable locations, we were able to deliver a comprehensive, incisive presentation. Areas in which we use KPI’s include: x Standard Operating Plan and adherence to the plan as set forth. x Actuals to budget, including revenue by category, line item expense, current month and year to date. x Customer service and any customer feedback, whether positive or negative, and were opportunities for service handled correctly and promptly. We find the best way to ensure quality assurance is periodic meetings with you, the client. At a minimum, our team and yours should meet quarterly to go over an agenda prepared in advance. Topics would include the KPI’s, monthly and transient volumes and pricing, rates, occupancy, customer service, and any other issue that may arise. See our sample KPI reports in Attachment C. Page 23 151 INNOVATIVE IDEAS One of the advantages of working with a firm that concentrates on mid-market towns and cities such as ours, is that we are able to move quickly and are nimble when it comes to change and implementation. Our recommendations include: CCustom Branded Parking Website Visitors to Estes Park will be actively searching for parking during the peak season, specifically for a building address or area. Monthly parkers also need dependable parking. Developing a parking website to include a Find Parking option with all parking locations displayed on a map, ability for parkers to purchase monthly parking or join a waitlist for a particular location, rate and permit information, ability to pay for parking citations, and answers to frequently asked customer questions will be key to meet the needs of both groups. It would be helpful for customers if this website was linked to the Town of Estes Park’s website. In addition, an updated website is a key avenue to roll out news of changes to the parking system. We are experts at partnering with our municipality clients to develop sites such as these on the right. Parking Website Samples – ParkBOI and Tampa Cruise Parking Page 24 TThe Barnacle Towing and booting have extremely negative connotations. And while immobilization is sometimes the only recourse to address flagrant violations that prevent paying customers from using available spaces, we utilize a new method of immobilization that offers immediate convenience to the offender. This Barnacle adheres to the windshield as an option for vehicle immobilization and can be removed by using a cell phone to pay for the violation(s). The Barnacle weighs about 20 pounds and can be returned after payment to Barnacle drop boxes that can be placed in garages and lots. The Barnacles in the drop boxes can be collected weekly by Parking Ambassadors and brought back to our parking office for reuse. The Barnacle has GPS to alert us if it has driven away (highly unlikely since the windshield is obscured) and where, or if the driver fails to return it (additional fee incurred). Our goal is to write as few citations as possible. If we do have to issue a citation, then we want to be customer-service driven. We want to be able to explain why a parker received a violation and be understanding about their situation. Citations are not to be seen as a profit center, but merely a deterrent. Remote Management Services For garages that have been automated with the latest PARCS equipment, a remote management center allows clients to benefit from the decreased overhead of an automated parking system while still maintaining the “human touch” and hospitality critical in delivering excellent service. Our remote management center was created to meet an underserved demand … exceptional 24/7 customer service in an automated parking facility. We provide remote management services to universities, urban parking operations in large cities, municipalities, airport, off-airport locations, single location garages, mixed-use projects, and pedestrian payment kiosks such as University of Washington, City of Boulder, CO, and Park City, UT. If parkers need extra assistance when entering or exiting a facility, or at a pay-on-foot machine, modern PARCS equipment includes an intercom button. These intercoms generally connect to the phone at an onsite parking office, a centralized command center, or some combination of both. Sample Photo of the Barnacle Page 25 152 In many parking facilities, when you push the call button on PARC’s equipment the call is routed to the parking office. If the staff is helping another customer or out in a lane troubleshooting equipment, calls can go unanswered and the customer is left impatiently waiting at an entrance or exit gate. With our 24/7/365 remote management service, calls are answered promptly. Most calls are simple questions regarding rates or how to pay, but our monitoring team can also immediately route on-site team members or supervisors to assist with more complex matters. Our operating system also allows us to immediately identify where each caller is located; not just the facility but the specific entry lane or pay station location from which the customer is calling. This allows our team to provide a seamless response to the customer. Many parking operators can monitor calls but don’t do anything to analyze trends or identify issues. Our software has the ability to provide the client and our operations manager with daily and monthly reporting that provides incident tracking on each and every call for early visibility to recurring equipment trends or customer issues. Our software also interfaces with onsite cameras, enabling the monitor to see, for example, when the customer simply has their ticket upside down, enabling us to give quick instruction to get the customer on their way. Our software-to-equipment integration can give our team immediate access to the PARCS equipment onsite to both understand the equipment the customer is using while allowing us to vend a gate, collect revenue or provide helpful usage instructions. Since the Town is developing a data-driven operation, we feel this is a great benefit and will help the Town recognize issues and trends. From a customer service point of view, we have also generated area maps of popular locations at our client sites so that our monitoring team can answer city guest information. You would be surprised how often we get questions asking how to get to a campus location, an area hospital or entertainment venueQTGXGPUMKCTGCUCUYG RTQXKFGTGOQVGOCPCIGOGPVUGTXKEGUVQEKVKGUKPENWFKPIVJG%KV[QH$QWNFGT%1CPFVJG %KV[QH2CTM%KV[76 Page 26 EEnforcement Software We utilize some of the major enforcement software, including Genetec LPR and SecurePark, but we have also recently developed our own internal enforcement app with the capability of digitally chalking vehicles. We are happy to discuss the utilization of this application in addition to our services if the Town wishes to do so. This software provides an economical and customized enforcement platform to our clients. The Car Park Cares Program Part of the The Car Park’s commitment to providing five-star service is being present when a guest is in need. It is our goal to go above and beyond to ensure that each visitor has a seamless parking experience from the time they enter parking location to when they depart. Our team cares and will assist directly or facilitate an approved provider with: x Jump Starting x Tire Inflation x Lock Out Assistance x Vehicle Escorts Data-Driven Analytics and Solutions As the Town of Estes Park moves forward with the implementation of Phase II of their data-driven downtown parking plan, we will not only use our in- house analytical tools but also take advantage of our existing relationship with Smarking and similar providers to work with the Town in setting pricing and policy decisions as we continue to develop a self-sufficient parking program. Parking Ambassador Using LPR Enforcement App Page 27 153 REFERENCES CContact Address Phone Max Clark CCDC 121 N 9th Street, Suite 501 Boise, ID 83702 (208) 319-1209 John Wynn, CAPP City of Raleigh 310 S Martin Street, Suite 201 Raleigh, NC 27602 (919) 996-3999 James T. Nozar Strategic Property Partners 401 E Jackson Street, Suite 3300 Tampa, FL 33602 (813) 993-0100 Scott Wadle City of Wichita 777 E Waterman Wichita, KS 67202 (316) 352-4855 Scott Williams Ada County Courthouse 200 West Front Street Boise, ID 83702 (208) 287-7105 Page 28 3OHDVHIHHOIUHHWRFRQWDFWDQ\RIWKHUHIHUHQFHVEHORZLQUHJDUGVWRRXUVHUYLFHV CONTACT INFORMATION CContact Person - Stephen Phillips, Director of Operations Phone - (208) 336-6597 Cell Phone - (208) 602-1502 Email - sphillips@thecarpark.com Page 29 154 FEE x See QWT(GG2TQRQUCN for QWT high-level annual budget, including the monthly management fee and proposed annual increases and schedule.6JKUJCXG DGGPWRNQCFGFVQ$KF0GVCUTGSWGUVGF x See Attachment D for sample reporting formats including monthly revenues, monthly expenses, monthly ticket counts, monthly validation breakdowns, permit sales. x See Attachment E for samples of secure web-based (internet) online revenue management reports, i.e. P&L, activity reports, expenses, etc. Page 30 SUMMARY We look forward to exploring the solutions and options presented to you in our proposal response and are excited about working with Kimley-Horn to build a meaningful relationship with the Town of Estes Park and to help you meet your parking management goals. The Car Park brings to the table not only our vast experience but also a keen knowledge about the issues presented, such as developing the seasonal paid parking program and the employee and residential permit and incentive program, with a focus on changing parking behaviors in the core area and finding creative ways to expand the parking supply. Please let us know of any questions you may have. We are excited to get to work and hope you will consider us for this contract. Many thanks, The Car Park Team Page 31 155 IImplementation Plan for Estes Park The Car Park, LLC ATTACHMENT A – IMPLEMENTATION PLAN Should we be selected as your parking provider, we recommend beginning the implementation process immediately. Even as we work together to finalize the contract, we can begin with an initial meeting to outline critical dates, responsible parties, and additional resources needed. These meetings will continue with a weekly schedule to ensure we are on track all the way up to the implementation date. We have extensive opening checklists that have been refined over many years to make sure no detail is forgotten. On Opening Day, June 1, 2020, and through the transition, The Car Park will have its CEO, Director of Operations, along with additional corporate support staff on hand to provide the leadership and experience necessary for the dedicated Manager and all the support staff with the priority focus on achieving the operational excellence that The Town of Estes Park expects. Every effort will be made to recruit and identify the highest quality candidates possible. Through our experience operating in seasonal, destination mountain-town locations, The Car Park has an extensive background in successfully recruiting a variety of job levels, from full time management to ambassadors to maintenance to enforcement staff, we have been provided the opportunity to sharpen our recruitment practice. In Hailey/Sun Valley, Idaho, after several unsuccessful attempts with online and social media outlets we found the single most effective recruitment tool was to post a simple ad in the job section of the local weekly publication. In Boone, North Carolina an outreach to the local University proved to be the most successful avenue. That said, we understand that each location has its own unique challenges for finding and hiring quality people. We will leave no stone unturned in partnering with the Town in locating those resources. Employees will be interviewed by Human Resources as well as our location manager. Our goal will be to make sure we assign employees to the role best suited for their individual knowledge, experience and career goals. As we go through the hiring process, we will be looking for any gaps we might have in scheduling and will also look to existing team members or prospective team members who are interested in a new or expanded role. To ensure quality from the outset, small groups of new employees will go through orientation and will be trained according to their respective positions. Orientation includes a thorough explanation of employee benefits and company guidelines, as well as review and demonstration of standard procedures. Initial customer service and safety training also happens during this time. The proposed schedule for implementing the scope will be adjusted down to a weekly cadence once we complete our initial meetings and discussions with the Town. At this time, we will have the framework to plan a final implementation schedule. A high-level sample is listed below Month 4: 91-120 DAYS TO OPENING භ First of weekly meetings with staff o Discuss operations and refine implementation plan and scheduling tasks to be completed before start-up. භ Corporate Leadership Team will meet with Resident Manager. o CEO, COO, and Director of Operations to discuss contract and operations.Page 32IImplementation Plan for Estes Park The Car Park, LLC o In conjunction with the Town, The Car 2ark CEO, COO, and Director of Operations will begin the process of bidding and selecting all paid parking technologies equipment. We will need to accelerate this task as it typically takes several months to select, order,and take delivery of new equipment on this scale. o CFO and Director of Operations to meet with Finance and Operations to discuss proposed controls, equipment and desired reporting. භ %QORNGVGVJG New Location Start-Up Sheet. o The master document utilized by The Car Park to ensure no transition items are missed. භ Identify the best platform for recruiting employees that meet both The Car Park and the Towns’ standards and begin collecting and reviewing resumes from potential candidates. MMONTH 3: 61-90 DAYS TO OPENING භ This month is dedicated to completing all unfinished tasks in the New Location Start-Up Sheet and continuing to prepare for the start of the operation; specifically confirming the new equipment order is finalized and in process for on time delivery. භ Continue weekly meetings with the Town and TCP team. භ In conjunction with the Town, begin the Community Outreach and Marketing Programs. භ Human Resources, Director of Operations, and Resident Manager to continue identifying prospective candidates and begin the interview process. Month 2: 31-60 DAYS TO OPENING භ Continue weekly meetings with the Town and TCP team. o Address overall operations and resolve issues or concerns. භ Continue to work on the tasks outlined in the New Location Start-Up Sheet. භ Continue to provide Community Outreach and education. o Update on the Marketing Program. භ Continue with the candidate interview/hiring process. *Human Resources finalizing background checks on every employee. භ Order required supplies and additional (office) equipment. භ Order uniforms to accommodate proposed staff. *at the 45-60 days to opening mark.Page 33156 IImplementation Plan for Estes Park The Car Park, LLC MMonth 1: 1-30 DAYS TO OPENING භ Continue meetings with the Town as needed. o Update on New Location Start-Up Plan. o Address unresolved operational issues. o Update (and continue) on Community Outreach and Marketing Programs. භ Begin orientation for new employees and tour the facilities. භ Complete training all employees and rehearse everyone’s role and responsibility. *Meet with the team daily over the last week to continually keep them updated. භ Issue uniforms and identification badges to the team. භ Take delivery and verify accuracy of all paid parking equipment and prepare for installation *Installation should be scheduled for 30-45 days prior to implementation – to allow for any troubleshooting. භ Ensure all supplies and tickets are on hand. භ Continue to train team on equipment, service standards and all other The Car Park required programs. භ Director of Operations and Resident Manager to deliver hourly staffing schedule to confirm employee shifts. භ Director of Operations and Resident Manager meet with staff to provide an update on final transitional plan and position responsibilities. භ The Car Park executive team members complete preparations for implementation. OPENING DAY භ The entire transition team will be in place at the Public Parking Facilities. This team includes: o Jeff Wolfe – CEO o Stephen Phillips - Director of Operations o Matt Eisenberg – Proposed Manager o Additional Corporate Operations support staff Page 34Action Required Person Responsible Status Start Date Due Date Date Completed Notes 1. OPERATIONS Review and summarize contract requirements Determine plan of operations (opening) Hours of operations SOPs Airport operations (if applicable) Driver name plaques Terms and Conditions, Return Policy, and Privacy Policy Mini refrigerator for valet lounge Booth Fuel procedures Pre-trip forms Lot No: ^DW>>Kd/KE OPENING CHECKLIST Location Name: Opening Day / Date: Manager In Charge: Area Executive: Type of Contract: ATTACHMENT B Page 35 157 Emergency procedures Security Create new monthly parking agreement Radios and fleet tracking Determine waitlist management process Order ticket stock Order hang tags (if necessary) Customer onboarding Internal communication plan Garage drawings Review office design, location, and layout Does office include secured storage area? Determine office layout occupancy, tenant move-in dates, tenant parking, allocations per lease Office furniture OFFICE MAINTENANCE ATTACHMENT B Page 36 Maintenance checklist Setup sweeping schedule Setup maintenance/cleaning schedule Check/test fire extinguishers Customize Project Clean for location Striping Stall numbering Directional arrows Center line Bumpers Clearance signs Rate signs Liability notice signs Handicapped signs Reserved signs SIGNS AND GRAPHICS ATTACHMENT B Page 37 158 Directional signs, vehicles Directional signs, pedestrians Ace signs Monthly Transient Valet Events/Transportation (if yes, describe) Validations Violations 2. SUPPLIES Review and summarize Tickets, spitter Tickets, hand-issued Tickets, warning Validation books LOCATION SPECIFICATIONS ATTACHMENT B Page 38 Monthly permits Forms, misc. Cleaning supplies list Trash cans NTI's Envelopes Bathrooms Electricity Bicycle racks Landscape maintenance Equipment maintenance contract First aid kit Fire extinguisher Off-site additional parking Trash can pick-up ATTACHMENT B Page 39 159 Inventory of existing office supplies and equipment Change locks to booths, office, safes, etc. Setup filing system for reports, correspondence, invoices, etc. 3. TEAM Determine staffing needs Recruitment advertising Recruiting events New hire forms Train new staff Create timeline for staffing Job descriptions Develop SOPs Manual/Cashiers/Attendants/Valet Onboarding orientation logistics On-site orientation Evaluate existing staff ATTACHMENT B Page 40 Staffing model/schedule State specific handbook updates Market data and pay scales Background check and drug testing Setup TSheets Payroll procedures and schedule Add location in Bamboo Recognition programs OSHA Accident Reports Workers' compensation medical vendor Site HR forms and posters, including wage and hour, state laws, etc. State and site specific labor information Name tags and uniforms 4. FINANCE / ACCOUNTING Cash deposit and control procedures ATTACHMENT B Page 41 160 Till cash Bank account (if non-TCP, CFO approval) Setup account systems Review equipment specifications Merchant ID Identify type of parkers Revenue reporting Audit procedures Invoice template 5. CORPORATE DOCUMENTS Certificate of Filing License Doing Business As (D.B.A.) Facility address Performance Bond ATTACHMENT B Page 42 Associated permits Occupancy permits Claims processing 6. INSURANCE Certificate of Liability Insurance (Facility) Vehicle insurance Workman's Comp 7. PARCS EQUIPMENT Training Revenue System Rates Reservation system / App(s) Cameras adjusted for best resolution VPN established between garage and POC Instruction cards INVENTORY ATTACHMENT B Page 43 161 Key cabinets Base cabinets Individual lock boxes Individual locks Network server, accessible to Amano All devices online All control functions active / working Parker database entered and proxy cards programmed User accounts setup Loops activate in correct order Gate opens properly Gate closes after closing loops has been activated Gate arm level Issue tickets SERVER ENTRANCE DEVICE ATTACHMENT B Page 44 Test intercom / vend feature Literate correct on display All labels attached Tickets stocked Loops activate in correct order Gate opens properly Gate closes after closing loops has been activated Gate arm level Test rates Process ticket Process credit card Device print receipt Test intercom / vend feature Literate correct on display Display show correct payment methods EXIT DEVICE ATTACHMENT B Page 45 162 Lost ticket feature present Lost ticket show daily max All labels attached Tickets stocked Receipt paper stocked Literate correct on display Display show correct payment methods Lost ticket feature present Lost ticket show daily max Process ticket Process credit card Process cash Processed ticket work in exit device Lost ticket feature present All labels attached POF ATTACHMENT B Page 46 Bills and coins stocked Receipt paper stocked Validations programmed Validations test in all POF / Pay in Lane devices Pay station Rates Parking App Slot box Lighting Signage Numbering space 8. REMOTE MANAGEMENT Intercom CCTV Cameras Onboarding form SURFACE LOT VALIDATOR ATTACHMENT B Page 47 163 Testing 9. PARK ON CALL Review all rules with facility manager and owner Verify rates Identify all lanes for intercom traffic Images of all equipment and lanes Description of credit card processing Contract signed by customer Policy creation call Intercom testing call Setup account Create call escalation list Define rules Define gate instructions Identify communication strategies ATTACHMENT B Page 48 9. IT Office telephones Camera system Computers Cell Phones Phone number 10. MARKETING Add location to website Add location to Google Pictures of Rate Signage Sales program Social Media (Add Hype) Business cards (if applicable) 11. FACILITY Sound discriminators Panic buttons ATTACHMENT B Page 49 164 Fencing Alarm system Security staffing Floor membrane Expansion joints Sweeping and degreasing HVAC Sprinkler System Drainage Sump pumps Elevators/Garage Lighting 12. OTHER ITEMS NOT LISTED ATTACHMENT B Page 50 ATTACHMENT B Page 51 165 Current Facility Overview Stall Count 30 Minute Parking 20 Unrestricted 203 Disabled 6 Taxi/Shuttle 19 Rental Vehicle 91 Employee 36 Active Access Cards - 257 Tenants dŚĞŽŵƉĂŶLJ Vendors Gov Ground Transportation 114 33 20 41 49 5% 54% 2% 5% 24% 10% Stall Count Diversity 30 minute Unrestricted Disabled Taxi-Shuttle Rental Vehicle Employee Page 52 ATTACHMENT C - SAMPLE KPI REPORT Users by Duration of Stay 76.35% 6.62% 1.43% 0.73% 0.59% 5.73% 0.28% 1.70% 1.85% 1.67% 2.52% 0.54% Users by Duration of Stay - Calendar 2019 -- Annualized 0-30 mn 30 mn-1.5 hr 1.5hr - 2 hr 2.hr - 2.5hr 2.5hr - 3 hr 3-24 hr 1+ Days 2+ Days 3+ Days 4+ Days 5-9+ Days 10+ Days Page 53 ATTACHMENT C - SAMPLE KPI REPORT 166 Current Revenue / Expenses 24% 50% 11% 4% 11% 2020 Parking Rev/Exp Budget Net Revenue Payroll / Burden Equipment Other Car Park Fees $119,046 $253,788 $56,960 $19,326 $54,531 Page 54 ATTACHMENT C - SAMPLE KPI REPORT /RFDWLRQ Rate History …Current Rates †0-30 minutesFree †30min-1.5hr $2.00 †1.5 – 2.0hr $3.00 †2.0-2.5hr $4.00 †2.5-3.0hr $5.00 †3.0-All Day $10.00 2002 - Last increase in 0-1.5hr rate 2004 - Last increase in 1.5 – 3.0hr rate 2014 – Last Increase in the All Day rate (+$1.00) Page 55 ATTACHMENT C - SAMPLE KPI REPORT 167 Regional Rate Review Boise $2.00 per hr Garage 24hr max$11.50 Surface 24hr max $9.00 Idaho Falls 0-30 Free 3-60 min $2.00 Ea add hr $2.00 24hr max $12.00 Jackson Hole 0 -2hr Free 2hr-24 max $15.00 Aspen 0-60 min Free Ea add hr $2.00 24hr max $12.00 Bozeman 0-60 Min Free Ea add 30 min $3.00 24hr max $12.00 Bend 0-30 min $1.00 31-60 min $2.00 Ea add hr $2.00 24hr max $15.00 Twin Falls Master Plan is to Begin Charging, 1-3 years Page 56 ATTACHMENT C - SAMPLE KPI REPORT Rate Adjustment Review Scenario #1 1.5hr $3 to $4, 2hr to 3hr $4/$5 to $6, Daily $10 to $11 Page 57 ATTACHMENT C - SAMPLE KPI REPORT 168 Rate Adjustment Review Scenario #2 Daily rate $10.00 to $11.00 Page 58 ATTACHMENT C - SAMPLE KPI REPORT #$%%QORCP[ Financial Report .une 2019 Operated by:ATTACHMENT D - SAMPLE MONTHLY REVENUE REPORTSPage 59 169 #$%%QORCP[Comparative Income StatementFor the Period Ended June 30, 2019 Jun-18 FY2018 YTD INCOME Actual Budget Actual Actual Budget Actual Monthly Revenue 42,357 41,559 37,853 798 2% 4,504 12% 255,723 249,354 244,465 6,369 3% 11,258 5% Transient Revenue 608,191 604,668 611,566 3,522 1% (3,376) (1%) 3,232,205 3,327,389 3,320,741 (95,185) (3%) (88,536) (3%) Debit Card Revenue 43,406 46,500 45,471 (3,094) (7%) (2,065) (5%) 266,489 279,000 277,257 (12,512) (4%) (10,768) (4%) Monthly Non-Tax - - - - 0% - 0% - - - - 0% - 0% Customer Refunds - - - - 0% - 0% - - - - 0% - 0% Late Fees on Revenue - - - - 0% - 0% - - - - 0% - 0% Other Revenue - - - - 0% - 0% - - - - 0% - 0% Less Sales Tax (65,230) (65,116) (65,318) (114) 0% 88 (0%) (352,907) (362,440) (362,665) 9,533 (3%) 9,758 (3%) TOTAL REVENUE 628,723$ 627,611$ 629,572$ 1,112$ 0%(849)$ (0%)3,401,509$ 3,493,303$ 3,479,798$ (91,794)$ (3%)(78,289)$ (2%) EXPENSES Salaries & Wages 27,392 28,345 30,839 (953) (3%) (3,447) (11%) 177,549 184,240 150,139 (6,691) (4%) 27,410 18% Payroll Taxes 2,841 3,486 2,628 (646) (19%) 213 8% 17,071 22,661 15,942 (5,591) (25%) 1,128 7% Workers Compensation 1,753 1,984 1,950 (231) (12%) (197) (10%) 11,336 12,897 8,959 (1,561) (12%) 2,377 27% Armored Car Service 877 922 937 (45) (5%) (60) (6%) 5,201 5,532 5,216 (331) (6%) (14) (0%) Employee Procurement 20 150 220 (130) (87%) (200) (91%) 20 900 233 (880) (98%) (213) (91%) Licenses and Permits - 3,000 3,000 (3,000) (100%) (3,000) (100%) 4,700 6,500 6,450 (1,800) (28%) (1,750) (27%) Data Processing - 80 - (80) (100%) - 0% - 480 - (480) (100%) - 0% Telephone & Data 822 950 224 (128) (13%) 598 266%3,341 5,700 5,600 (2,359) (41%) (2,259) (40%) Bank Charges 425 475 543 (50) (10%) (118) (22%) 2,666 2,850 2,733 (184) (6%) (67) (2%) Credit Card Fees 18,501 15,933 16,719 2,569 16% 1,782 11% 103,829 88,682 87,222 15,147 17% 16,607 19% Computer / Internet Fees - 60 - (60) (100%) - 0% - 360 - (360) (100%) - 0% Signage - 300 - (300) (100%) - 0% - 1,800 - (1,800) (100%) - 0% Uniforms 148 425 2,156 (277) (65%) (2,008) (93%)965 2,550 2,161 (1,585) (62%) (1,197) (55%) Postage & Freight - 15 - (15) (100%) - 0% 100 90 39 10 11% 60 153% Auto Damage Claims - 50 - (50) (100%) - 0% - 300 - (300) (100%) - 0% Misc - Other (0) 30 0 (30) (100%) (0) (160%) 67 180 322 (113) (63%) (255) (79%) Professional Fees 19,975 14,500 - 5,475 38% 19,975 0% 73,983 94,500 75,519 (20,517) (22%) (1,536) (2%) Insurance - Liability 3,437 3,437 3,197 0 0% 240 8% 20,622 20,621 19,400 1 0% 1,222 6% Health/Welfare/Pensions 6,615 5,500 5,150 1,115 20% 1,465 28%39,684 33,000 33,414 6,684 20% 6,270 19% Supplies 1,561 1,250 1,129 311 25% 432 38% 10,602 7,500 7,496 3,102 41% 3,107 41% Management Fee 4,325 4,325 4,325 - 0% - 0% 25,950 25,950 25,950 - 0% - 0% Repairs and Maintenance 3,899 2,250 2,358 1,649 73% 1,541 65%12,766 13,500 13,232 (734) (5%) (466) (4%) Tickets - 2,100 2,680 (2,100) (100%) (2,680) (100%) 10,395 12,600 10,476 (2,205) (18%) (81) (1%) Total Expense 92,592$ 89,567$ 78,056$ 3,026$ 3%14,536$ 19%520,847$ 543,393$ 470,501$ (22,546)$ (4%)50,345$ 11% Facility Profit 536,131$ 538,044$ 551,516$ (1,913)$ (0%)(15,385)$ (3%)2,880,663$ 2,949,911$ 3,009,297$ (69,248)$ (2%)(128,634)$ (4%) Jun-19 FY2019 YTDBudget Variance Previous Year Variance Budget Variance Previous Year Variance ATTACHMENT D - SAMPLE MONTHLY REVENUE REPORTSPage 60 #$%%QORCP[ Last Twelve Months Income StatementFor the Period Ended June 30, 2019 Jul-18 Aug-18 Sep-18 Oct-18 Nov-18 Dec-18 Jan-19 Feb-19 Mar-19 Apr-19 May-19 Jun-19 Total LTM INCOME Monthly Revenue 38,055 41,797 41,998 40,534 41,472 41,490 40,922 42,337 43,752 42,455 43,900 42,357 501,068 Transient Revenue 568,055 570,702 547,731 549,569 637,914 931,719 493,834 485,393 543,716 518,253 582,818 608,191 7,037,894 Debit Card Revenue 46,341 42,131 45,025 46,435 48,955 50,876 45,981 39,196 45,686 44,669 47,551 43,406 546,252 Monthly Non-Tax - - - - - - - - - - - - - Customer Refunds - - - - - - - - - - - - - Late Fees on Revenue - - - - - - - - - - - - - Other Revenue - - - - - - - - - - - - - Less Sales Tax (61,329) (61,534) (59,665) (59,833) (68,462) (96,315) (54,588) (53,290) (59,515) (56,904) (63,380) (65,230) (760,045) TOTAL REVENUE 591,122$ 593,096$ 575,088$ 576,704$ 659,879$ 927,771$ 526,149$ 513,636$ 573,639$ 548,473$ 610,889$ 628,723$ 7,325,168$ EXPENSES Salaries & Wages 26,210 32,744 24,825 25,848 32,703 28,036 28,667 27,269 33,895 26,347 33,980 27,392 347,914 Payroll Taxes 2,227 2,778 1,961 2,123 2,586 2,318 3,584 3,253 2,462 2,222 2,709 2,841 31,063 Workers Compensation 1,657 2,078 1,568 1,618 2,048 1,746 1,814 1,753 2,170 1,689 2,156 1,753 22,051 Armored Car Service 861 891 837 861 897 997 891 797 901 845 891 877 10,545 Employee Procurement 29 - - - 112 - - - - - - 20 161 Licenses and Permits - - 3,000 - - - 3,000 - 600 - 1,100 - 7,700 Data Processing - - - - - - - - - - - - - Telephone & Data 232 492 501 491 494 516 588 495 443 559 434 822 6,068 Bank Charges 556 661 500 427 736 1,247 975 559 (211) 459 459 425 6,793 Credit Card Fees 16,775 16,679 15,767 16,078 19,290 27,163 16,866 15,610 16,731 16,841 19,281 18,501 215,581 Personnel Selection - - - - - - - - - - - - - Signage - - - - - - - - - - - - - Uniforms 148 186 143 148 500 285 148 148 186 148 186 148 2,375 Postage & Freight - - 9 - - 62 - - - - 100 - 171 Auto Damage Claims - - - - - - - - - - - - - Misc - Other 0 0 - (1) - (0) 0 - (0) 0 67 (0) 67 Professional Fees 23,895 - 15,707 16,759 30,370 125,000 - - - - 54,008 19,975 285,714 Insurance - Liability 3,197 3,197 3,197 3,197 3,197 3,197 3,437 3,437 3,437 3,437 3,437 3,437 39,804 Health/Welfare/Pensions 6,698 6,499 6,499 6,538 6,538 6,539 6,561 6,605 6,634 6,618 6,650 6,615 78,995 Supplies 3,392 1,709 2,990 811 214 1,212 377 4,696 387 2,660 920 1,561 20,931 Management Fee 4,325 4,325 4,325 4,325 4,325 4,325 4,325 4,325 4,325 4,325 4,325 4,325 51,900 Repairs and Maintenance 4,208 3,453 4,188 3,863 3,939 4,726 1,228 2,810 1,617 2,078 1,134 3,899 37,142 Tickets 9,402 - - - - 10,908 - - - - 10,395 - 30,704 Total Expense 103,813$ 75,690$ 86,017$ 83,086$ 107,948$ 218,275$ 72,463$ 71,757$ 73,575$ 68,230$ 142,231$ 92,592$ 1,195,676$ Facility Profit 487,309$ 517,406$ 489,071$ 493,618$ 551,931$ 709,496$ 453,686$ 441,879$ 500,064$ 480,243$ 468,658$ 536,131$ 6,129,492$ ATTACHMENT D - SAMPLE MONTHLY REVENUE REPORTSPage 61 170 Variance Narrative Monthly Revenue came in ahead of budget by 2%, consistent with the YTD trend. Transient Revenues beat budget by 1% for the month, ahead of the annual trend of -3%. This positive variance is due to a summer and an increase in traffic due to school being out. Professional Fees were up 38% for the month due to traffic control invoices that hit (Sam Schwarz). We remain ahead of budget by 22% for the year for this expense. Actual Budget Variance 42,357$ 41,559$ 2% Actual Budget Variance 608,191$ 604,668$ 1% Actual Budget Variance 19,975$ 14,500$ 38% Transient Revenue Monthly Revenue Professional Fees ATTACHMENT D - SAMPLE MONTHLY REVENUE REPORTSPage 62 Revenue by Payment Method Revenue by Type Revenue Breakdown ATTACHMENT D - SAMPLE MONTHLY REVENUE REPORTSPage 63 171 Ticket Revenue by Day ATTACHMENT D - SAMPLE MONTHLY REVENUE REPORTSPage 64 Transaction Count by Day Transaction Count by Weekday ATTACHMENT D - SAMPLE MONTHLY REVENUE REPORTSPage 65 172 &RPSDQ\$%& Consolidated Statement of Revenue October 31, 2019 Actual Budget Variance Actual Budget Variance Revenues 59,340.00 42,675.00$ 38,240.00$ Monthly Parking 574,456.00$ 426,750.00$ 147,706.00$ 119,526.43 142,640.00 (15,163.62) Transient Parking Retail 1,661,933.92 1,322,290.00 339,643.92 170,159.13 180,000.00 (105,863.00) Transient Parking 1,744,002.00 2,320,000.00 (575,998.00) 99,560.00 125,000.00 (83,590.00) Online Income 784,985.00 840,000.00 (55,015.00) 91,629.78 169,425.00 79,064.07 Event Parking 1,930,251.49 1,557,275.00 372,976.49 193,082.16 17,500.00 17,897.41 Validations 222,466.04 148,500.00 73,966.04 2,030.00 2,000.00 2,580.00 Violations 22,378.18 20,000.00 2,378.18 9,267.33 (2,000.00) 1,039.00 Less: Refunds (3,735.60) (20,000.00) 16,264.40 (13,406.40) (22,020.20) 3,265.14 Less: Merchant Fees (265,826.77) (214,867.08) (50,959.70) (3,048.41) (5,000.00) 1,345.00 Less: On-Line Fees (43,415.00) (34,650.00) (8,765.00) (45,422.43) (44,397.01) (3,504.12) Less: Sales Tax (543,430.99) (433,631.03) (109,799.96) 541,132.67 605,822.79 (64,690.12) Total Revenue 6,084,064.27 5,931,666.90 152,397.37 45,224.73 66,116.63 20,891.90 Payroll 687,650.29 698,182.06 (10,531.77) 4,902.04 7,922.00 3,019.96 Payroll Taxes 59,935.53 83,661.85 (23,726.32) 5,169.67 4,462.87 (706.80) Workers Compensation 40,684.40 47,127.29 (6,442.89) 1,560.00 2,800.00 1,240.00 Health & Welfare 17,400.00 28,000.00 (10,600.00) 71,801.44 7,500.00 (64,301.44) Security Services 78,754.19 75,000.00 3,754.19 5,382.00 8,820.00 3,438.00 Liability Insurance 85,879.99 88,200.00 (2,320.01) 1,273.00 1,800.00 527.00 Auto Damage 802.36 18,000.00 (17,197.64) 8,240.00 16,400.00 8,160.00 Repairs & Maintenance 184,347.22 164,000.00 20,347.22 3,894.68 950.00 (2,944.68) Travel 8,746.40 9,500.00 (753.60) 1,792.50 3,855.00 2,062.50 Telephone 42,939.01 38,550.00 4,389.01 2,237.11 950.00 (1,287.11) Uniforms 3,955.46 9,500.00 (5,544.54) 3,278.29 805.00 (2,473.29) Armored Car Service 8,511.42 8,050.00 461.42 300.00 935.00 635.00 Equipment 9,125.72 9,350.00 (224.28) 222.25 450.00 227.75 Personnel Selection 5,116.54 4,500.00 616.54 589.86 675.00 85.14 Bank Fees 5,023.40 6,750.00 (1,726.60) 1,929.25 1,775.00 (154.25) Materials & Supplies 22,787.13 17,750.00 5,037.13 247.69 1,520.00 1,272.31 Signage 18,222.99 15,200.00 3,022.99 931.76 750.00 (181.76) Tickets 7,824.68 7,500.00 324.68 372.81 480.00 107.19 Payroll Processing 3,554.20 4,800.00 (1,245.80) 176.21 575.00 398.79 Computer & Internet Fees 7,212.05 13,400.00 (6,187.95) 813.36 625.00 (188.36) Office Supplies 7,371.20 6,250.00 1,121.20 25.00 - (25.00) Miscellaneous (1,751.60) - (1,751.60) (40.00) 850.00 890.00 Auto Expense - 8,500.00 (8,500.00) 20,112.25 105.00 (20,007.25) License & Permits - 1,210.00 (1,210.00) - 3,000.00 3,000.00 Dues & Subscriptions - 3,700.00 (3,700.00) 137,896.00 25.00 (137,871.00) Data Processing 6,322.00 250.00 6,072.00 535.54 7,500.00 6,964.46 Advertising 4,772.72 30,200.00 (25,427.28) 73.30 90.00 16.70 Postage 1,361.71 900.00 461.71 392,722.88 451,764.49 (177,204.24) Total Expenses 4,255,973.34 4,367,799.91 (111,826.57) 148,409.79 154,058.30 (5,648.51) Operating Income 1,828,090.93 1,563,866.98 264,223.95 Management Fee 148,409.79$ 154,058.30$ (5,648.51)$ Facility Profit (Loss)1,744,757.63$ 1,473,036.98$ 271,720.65$ Current Month Year to Date 2019 2019 ATTACHMENT E - SECURE WEB-BASED REPORTING Page 66 &RPSDQ\$%&Garage Statement of Revenue October 31, 2019 Actual Budget Variance YTD Actual Budget Variance Revenues 54,740.00$ 35,000.00$ 19,740.00$ Monthly Parking 374,646.00$ 350,000.00$ 24,646.00$ 75,485.48 70,000.00 5,485.48 Transient Parking Retail 934,152.66 600,000.00 334,152.66 174,678.00 180,000.00 (105,863.00) Transient Parking 2,268,045.00 2,320,000.00 (51,955.00) 99,560.00 125,000.00 (83,590.00) Online Income 784,985.00 840,000.00 (55,015.00) 86,352.09 84,250.00 2,102.09 Event Parking 577,890.00 565,550.00 12,340.00 12,614.00 - 12,614.00 Validations 58,924.00 - 58,924.00 125.00 - 125.00 Violations 220.36 - 220.36 (108.00) (2,000.00) 1,892.00 Less: Refunds (2,876.60) (20,000.00) 17,123.40 (10,691.04) (15,998.13) 5,307.09 Less: Merchant Fees (158,685.97) (151,305.38) (7,380.60) (3,655.00) (5,000.00) 1,345.00 Less: On-Line Fees (43,415.00) (34,650.00) (8,765.00) (39,017.11) (32,203.27) 5,194.77 Less: Sales Tax (387,188.95) (304,568.69) (82,620.26) 450,083.42 439,048.60 (135,647.57) Total Revenue 4,406,696.50 4,165,025.93 241,670.57 39,459.34 41,185.23 1,725.89 Payroll 526,806.72 466,836.42 59,970.30 4,559.90 4,942.23 382.33 Payroll Taxes 44,527.90 56,020.37 (11,492.47) 3,398.26 2,780.00 (618.26) Workers Compensation 30,293.55 31,511.46 (1,217.91) 1,560.00 1,800.00 240.00 Health & Welfare 10,400.00 18,000.00 (7,600.00) 21,280.66 7,500.00 (13,780.66) Security Services 78,754.19 75,000.00 3,754.19 5,382.00 5,500.00 118.00 Liability Insurance 53,820.00 55,000.00 (1,180.00) - 400.00 400.00 Auto Damage 802.36 4,000.00 (3,197.64) 8,240.00 13,750.00 5,510.00 Repairs & Maintenance 159,764.97 137,500.00 22,264.97 1,135.49 600.00 (535.49) Travel 8,746.40 6,000.00 2,746.40 1,792.50 1,500.00 (292.50) Telephone 38,646.01 15,000.00 23,646.01 1,012.11 550.00 (462.11) Uniforms 3,555.46 5,500.00 (1,944.54) 804.49 805.00 0.51 Armored Car Service 8,511.42 8,050.00 461.42 300.00 685.00 385.00 Equipment 8,335.33 6,850.00 1,485.33 222.25 150.00 (72.25) Personnel Selection 5,116.54 1,500.00 3,616.54 589.86 375.00 (214.86) Bank Fees 4,714.40 3,750.00 964.40 1,929.25 1,375.00 (554.25) Materials & Supplies 22,507.16 13,750.00 8,757.16 257.69 1,000.00 742.31 Signage 1,902.97 10,000.00 (8,097.03) 931.76 600.00 (331.76) Tickets 7,824.68 6,000.00 1,824.68 372.81 285.00 (87.81) Payroll Processing 3,554.20 2,850.00 704.20 176.21 450.00 273.79 Computer & Internet Fees 7,212.05 12,150.00 (4,937.95) 582.36 250.00 (332.36) Office Supplies 5,886.20 2,500.00 3,386.20 25.00 - (25.00) Miscellaneous (2,261.34) - (2,261.34) - 450.00 450.00 Auto Expense - 4,500.00 (4,500.00) - 55.00 55.00 License & Permits - 550.00 (550.00) - 3,000.00 3,000.00 Dues & Subscriptions - 3,700.00 (3,700.00) 323.50 - (323.50) Data Processing 2,138.50 - 2,138.50 439.17 7,500.00 7,060.83 Advertising 4,772.72 30,000.00 (25,227.28) 73.30 65.00 (8.30) Postage 1,361.71 650.00 711.71 94,847.91 97,552.46 2,704.55 Total Expenses 1,037,694.10 977,168.25 60,525.85 355,235.51 341,496.14 (138,352.12) Operating Income 3,369,002.40 3,187,857.68 181,144.72 - - - Management Fee - - - 355,235.51$ 341,496.14$ (84,009.83)$ Facility Profit (Loss)3,369,002.40$ 3,187,857.68$ 181,144.72$ Current Month Year to Date 2019 2019 ATTACHMENT E - SECURE WEB-BASED REPORTING Page 67 173 &RPSDQ\$%&Surface Lot Statement of Revenue October 31, 2019 Actual Budget Variance YTD Actual Budget Variance Revenues 2,050.00$ 1,475.00$ 575.00$ Monthly Parking 21,385.00$ 14,750.00$ 6,635.00$ 44,893.95 25,000.00 19,893.95 Transient Parking Retail 487,021.00 250,000.00 237,021.00 - - - Transient Parking - - - - - - Online Income - - - 15,665.00 30,000.00 (14,335.00) Event Parking 157,852.00 345,000.00 (187,148.00) 22,783.41 17,500.00 5,283.41 Validations 161,792.04 148,500.00 13,292.04 1,905.00 500.00 1,405.00 Violations 6,001.70 5,000.00 1,001.70 - - - Less: Refunds (6.00) - (6.00) (3,545.15) (2,606.63) (938.53) Less: Merchant Fees (45,414.11) (26,713.75) (18,700.36) - - - Less: On-Line Fees - - - (6,838.96) (4,872.20) (1,966.76) Less: Sales Tax (65,339.97) (49,932.24) (15,407.73) 76,913.25 66,996.18 9,917.07 Total Revenue 723,291.66 686,604.01 36,687.65 2,904.07 3,629.00 (724.93) Payroll 41,150.30 32,286.00 8,864.30 254.43 423.48 (169.05) Payroll Taxes 4,000.66 3,754.32 246.34 188.33 244.96 (56.63) Workers Compensation 2,661.82 2,179.31 482.52 - 500.00 (500.00) Health & Welfare - 5,000.00 (5,000.00) 48,070.78 41,872.61 6,198.17 Port Tampa Rent 452,057.29 429,127.50 22,929.79 - - - Security Services - - - 473.00 470.00 3.00 Liability Insurance 4,730.00 4,700.00 30.00 - 100.00 (100.00) Auto Damage - 1,000.00 (1,000.00) 2,759.19 700.00 2,059.19 Repairs & Maintenance 10,734.08 7,000.00 3,734.08 - - - Travel - - - 875.00 750.00 125.00 Telephone 875.00 7,500.00 (6,625.00) - - - Uniforms 100.00 - 100.00 - - - Armored Car Service - - - - - - Equipment 163.07 - 163.07 - 25.00 (25.00) Personnel Selection - 250.00 (250.00) - 300.00 (300.00) Bank Fees 154.50 3,000.00 (2,845.50) - 150.00 (150.00) Materials & Supplies 279.97 1,500.00 (1,220.03) - 200.00 (200.00) Signage 10,892.43 2,000.00 8,892.43 - -- Tickets - - - - 20.00 (20.00) Payroll Processing - 200.00 (200.00) - - - Computer & Internet Fees - -- - 50.00 (50.00) Office Supplies 1,485.00 500.00 985.00 (40.00) - (40.00) Miscellaneous (275.00) - (275.00) - 200.00 (200.00) Auto Expense - 2,000.00 (2,000.00) - -- License & Permits - 160.00 (160.00) - -- Dues & Subscriptions - -- 96.37 25.00 71.37 Data Processing 999.80 250.00 749.80 - - - Advertising - - - - - - Postage - - - 55,581.17 49,660.05 5,921.12 Total Expenses 530,008.92 502,407.13 27,601.79 21,332.08 17,336.13 3,995.95 Operating Income 193,282.74 184,196.88 9,085.86 - Management Fee - 21,332.08$ 17,336.13$ 3,995.95$ Facility Profit (Loss)193,282.74$ 184,196.88$ 9,085.86$ Current Month Year to Date 2019 2019 ATTACHMENT E - SECURE WEB-BASED REPORTING Page 68 &RPSDQ\$%& Valet Statement of Revenue October 31, 2019 Actual Budget Variance YTD Actual Budget Variance Revenues -$ -$ -$ Monthly Parking -$ -$ -$ - 17,500.00 (17,500.00) Transient Parking Retail 2,390.00 175,000.00 (172,610.00) - - - Transient Parking - - - - - - Online Income - - - 3,400.00 2,500.00 900.00 Event Parking 38,820.00 18,500.00 20,320.00 - - - Validations - - - - - - Violations - - - - - - Less: Refunds - - - - (700.00) 700.00 Less: Merchant Fees (1,276.80) (6,772.50) 5,495.70 - - - Less: On-Line Fees - - - (266.36) (1,400.00) 1,133.64 Less: Sales Tax (3,228.42) (13,545.00) 10,316.58 3,133.64 17,900.00 (14,766.36) Total Revenue 36,704.78 173,182.50 (136,477.72) 928.32 8,148.00 (7,219.68) Payroll 16,242.90 89,628.00 (73,385.10) 87.71 977.76 (890.05) Payroll Taxes 1,549.84 10,755.36 (9,205.52) 60.34 549.99 (489.65) Workers Compensation 1,035.98 6,049.89 (5,013.91) - - - Health & Welfare - - - - - - Port Tampa Rent - - - - - - Security Services - - - 800.00 800.00 - Liability Insurance 8,000.00 8,000.00 - - 1,100.00 (1,100.00) Auto Damage - 11,000.00 (11,000.00) - - - Repairs & Maintenance - -- - - - Travel - -- 350.00 105.00 245.00 Telephone 350.00 1,050.00 (700.00) - 100.00 (100.00) Uniforms - 1,000.00 (1,000.00) - -- Armored Car Service - -- - - - Equipment - -- - 25.00 (25.00) Personnel Selection - 250.00 (250.00) - - - Bank Fees - - - - - - Materials & Supplies - - - - 20.00 (20.00) Signage - 200.00 (200.00) - - - Tickets - - - - 25.00 (25.00) Payroll Processing - 250.00 (250.00) - - - Computer & Internet Fees - -- - 125.00 (125.00) Office Supplies - 1,250.00 (1,250.00) - - - Miscellaneous - -- - - - Auto Expense - -- - - - License & Permits - -- - - - Dues & Subscriptions - -- - - - Data Processing - -- - - - Advertising - -- - - - Postage - -- 2,226.37 11,975.75 (9,749.38) Total Expenses 27,178.72 129,433.25 (102,254.53) 907.27 5,924.25 (5,016.98) Operating Income 9,526.06 43,749.25 (34,223.19) Current Month Year to Date 2019 2019 ATTACHMENT E - SECURE WEB-BASED REPORTING Page 69 174 Lot A Lot B Lot C Lot D Total YTD YTD PM YTD Actual Actual Actual Actual Actual Budget Variance Actual Budget Variance Actual Revenues Monthly Parking 480.00$ -$ 17,645.00$ 6,000.00$ 24,125.00$ 6,200.00$ 17,925.00$ 178,425.00$ 62,000.00$ 116,425.00$ 154,300.00$ Transient Parking Retail 1,277.40 2,467.00 3,073.35 279.20 7,096.95 30,140.00 (23,043.05) 238,370.26 297,290.00 (58,919.74) 231,273.31 Transient Parking - - - - - - - - - - - Online Income - - - - - - - - - - - Event Parking 11,390.00 30,532.48 60,388.00 40,761.50 143,071.98 52,675.00 90,396.98 981,784.21 628,225.00 353,559.21 838,712.23 Validations - - - - - - - 1,750.00 - 1,750.00 1,750.00 Violations 450.00 475.00 425.00 1,200.00 2,550.00 1,500.00 1,050.00 16,156.12 15,000.00 1,156.12 13,606.12 Less: Refunds - 27.00 (880.00) - (853.00) - (853.00) (853.00) - (853.00) - Less: Merchant Fees (523.22) (1,167.62) (1,661.11) (1,166.92) (4,518.87) (2,715.45) (1,803.42) (60,449.89) (30,075.45) (30,374.44) (55,931.02) Less: On-Line Fees - - - - - - - - - - - Less: Sales Tax (1,065.23) (2,624.54) (6,318.31) (3,779.23) (13,787.31) (5,921.54) (7,865.77) (110,902.11) (65,585.09) (45,317.02) (97,114.80) Total Revenue 12,008.95 29,709.32 72,671.93 43,294.55 157,684.75 81,878.01 75,806.74 1,244,280.59 906,854.46 337,426.13 1,086,595.84 Payroll - 2,832.57 5,649.73 893.03 9,375.33 13,154.40 (3,779.07) 103,450.37 109,431.64 (5,981.27) 94,075.04 Payroll Taxes - 253.23 495.01 81.55 829.79 1,578.53 (748.74) 9,857.13 13,131.80 (3,274.67) 9,027.34 Workers Compensation - 183.62 364.92 58.05 606.59 887.92 (281.33) 6,693.05 7,386.64 (693.59) 6,086.46 Health & Welfare 49.66 73.19 468.15 109.00 700.00 500.00 200.00 7,000.00 5,000.00 2,000.00 6,300.00 Security Services - - - - - - - - - - - Liability Insurance 61.00 370.00 959.00 543.00 1,933.00 2,050.00 (117.00) 19,329.99 20,500.00 (1,170.01) 17,396.99 Auto Damage - - - - - 200.00 (200.00) - 2,000.00 (2,000.00) - Repairs & Maintenance 450.00 522.74 - 550.00 1,522.74 1,950.00 (427.26) 13,848.17 19,500.00 (5,651.83) 12,325.43 Travel - - - -- 350.00 (350.00) - 3,500.00 (3,500.00) - Telephone 350.00 350.00 1,050.00 700.00 2,450.00 1,500.00 950.00 3,068.00 15,000.00 (11,932.00) 618.00 Uniforms - - - - - 300.00 (300.00) 300.00 3,000.00 (2,700.00) 300.00 Armored Car Service - - - - - -- - - - - Equipment - - - - - 250.00 (250.00) 627.32 2,500.00 (1,872.68) 627.32 Personnel Selection - - - - - 250.00 (250.00) - 2,500.00 (2,500.00) - Bank Fees - - - - - -- 154.50 - 154.50 154.50 Materials & Supplies - - - - - 250.00 (250.00) - 2,500.00 (2,500.00) - Signage 921.98 - 1,551.82 - 2,473.80 300.00 2,173.80 5,427.59 3,000.00 2,427.59 2,953.79 Tickets - - - - - 150.00 (150.00) - 1,500.00 (1,500.00) - Payroll Processing - - - - - 150.00 (150.00) - 1,500.00 (1,500.00) - Computer & Internet Fees - - - - - 125.00 (125.00) - 1,250.00 (1,250.00) - Office Supplies - - - - - 200.00 (200.00) - 2,000.00 (2,000.00) - Miscellaneous - - (10.00) - (10.00) - (10.00) 784.74 - 784.74 794.74 Auto Expense - - - - - 200.00 (200.00) - 2,000.00 (2,000.00) - License & Permits - - - - - 50.00 (50.00) - 500.00 (500.00) - Dues & Subscriptions - - - - - -- - - - - Data Processing 1.00 - 205.00 25.00 231.00 - 231.00 3,183.70 - 3,183.70 2,952.70 Advertising - - - - - - - - 200.00 (200.00) - Postage - - - - - 25.00 (25.00) - 250.00 (250.00) - Total Expenses 1,833.64 4,585.35 10,733.63 2,959.63 20,112.25 24,420.85 (4,308.60) 173,724.56 218,150.07 (44,425.51) 153,612.31 Operating Income 10,175.31 25,123.97 61,938.30 40,334.92 137,572.50 57,457.16 80,115.34 1,070,556.03 688,704.38 381,851.65 932,983.53 Management Fee - - - - - - - - - - - Facility Profit (Loss)10,175.31$ 25,123.97$ 61,938.30$ 40,334.92$ 137,572.50$ 57,457.16$ 80,115.34$ 1,070,556.03$ 688,704.38$ 381,851.65$ 932,983.53$ &RPSDQ\$%& Surface Lots October 31, 2019 ATTACHMENT E - SECURE WEB-BASED REPORTING Page 70 175 INCOME 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 Permit Parking 375 375 375 375 375 375 375 375 375 375 375 375 4,500 Meter Revenue - - - - - 153,757 158,999 171,230 164,241 93,477 - - 741,703 Violation Income 1,353 1,353 1,353 1,353 1,353 17,782 17,782 17,782 17,782 17,782 1,353 1,353 98,381 TOTAL REVENUE 1,728$ 1,728$ 1,728$ 1,728$ 1,728$ 171,914$ 177,156$ 189,387$ 182,398$ 111,635$ 1,728$ 1,728$ 844,584$ EXPENSES Payroll G & A 10,990 6,740 6,740 6,740 6,740 10,260 15,390 10,260 10,260 10,260 6,740 6,740 107,864 Enforcement - - - - - 9,601 13,601 9,601 9,601 9,601 - - 52,003 Ambassador - - - - - 19,395 29,092 19,395 19,395 9,697 - - 96,975 Total Payroll 10,990 6,740 6,740 6,740 6,740 39,256 58,084 39,256 39,256 29,558 6,740 6,740 256,841 Payroll Taxes 1,209 741 741 741 741 4,318 6,389 4,318 4,318 3,251 741 741 28,253 Workers Comp 659 404 404 404 404 2,355 3,485 2,355 2,355 1,773 404 404 15,410 Health & Welfare 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 14,400 Retirement 110 67 67 67 67 393 581 393 393 296 67 67 2,568 Total Payroll 14,169$ 9,154$ 9,154$ 9,154$ 9,154$ 47,522$ 69,739$ 47,522$ 47,522$ 36,079$ 9,154$ 9,154$ 317,472$ Liability Insurance 976 976 976 976 976 1,876 1,876 1,876 1,876 1,876 976 976 16,211 Material & Supplies 300 300 300 300 500 500 500 500 500 300 300 300 4,600 Telephone 200 200 200 200 200 200 200 200 200 200 200 200 2,400 Forms & Printing 200 200 200 200 200 200 200 200 200 200 200 200 2,400 Miscellaneous 200 200 200 200 200 200 200 200 200 200 200 200 2,400 Monthly Permits 2,500 - - - - - - - - - - - 2,500 Personnel Selection 50 50 50 250 250 100 100 100 100 100 50 50 1,250 Drug Screen/Criminal 50 50 50 300 100 100 100 100 100 50 50 50 1,100 Wireless Services 800 800 800 800 800 800 800 800 800 800 800 800 9,600 Uniforms 200 200 200 200 600 200 200 200 400 200 200 200 3,000 Data Processing 125 125 125 125 125 125 125 125 125 125 125 125 1,500 Bank Fees 100 100 100 100 100 100 100 100 100 100 100 100 1,200 Computer / Internet Fees 300 300 300 300 300 300 300 300 300 300 300 300 3,600 Payroll Processing 25 25 25 25 50 50 50 50 50 50 25 25 450 License & Permits 250 - - - - - - - - - - - 250 Merchant Fees 35 69 69 69 69 6,877 7,086 7,575 7,296 4,465 69 69 33,749 Office Supplies 100 100 100 100 100 200 200 200 200 100 100 100 1,600 Total Expense 6,411$ 3,695$ 3,695$ 4,145$ 4,570$ 11,828$ 12,037$ 12,526$ 12,447$ 9,066$ 3,695$ 3,695$ 87,810$ Management Fee 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000 48,000 Facility Profit(Loss)(22,851)$ (15,121)$ (15,121)$ (15,571)$ (15,996)$ 108,565$ 91,380$ 125,339$ 118,429$ 62,489$ (15,121)$ (15,121)$ 391,301$ Estes Park Budget 2020 TOTAL The Car Park JuneJanuary February March April May July August September October November December 176 Travel 5,000.00$ Corporate Overhead 6,000.00$ Kimley Horn Consulting 12,000.00$ Human Resources 3,400.00$ Profit 21,600.00$ Annual Fee 48,000.00$ Annual Management Fee Schedule 177 FY 19 FY20 Total Meter Collections $0 $741,703 Total Parking Citations (less than 14 days)$0 $68,779 Total Parking Citations (more than 14 days)$0 $29,601 Towing / Impound Revenue $0 Total Citations Issued 1,428 11,054 Percent of Tickets Paid less than 14 days 66% 70% Revenue Projections Meter Revenue - $2/hr Weekday 1 Meter Revenue - $2/hr Weekend Number of $2.00/hr Metered Spaces 605 Number of $2.00/hr Metered Spaces 605 Rate per Hour $2.00 Rate per Hour $2.00 Hours per Day (10am - 6pm)8 Hours per Day (10am - 6pm)8 # of Days per Year (less holidays) 1 96 # of Days per Year (less holidays) 2 39 Maximum Revenue Possible $929,280 Maximum Revenue Possible $377,520 Average Occupancy 60%Average Occupancy 70.0% Percent of Paid Occupancy 95%Percent of Paid Occupancy 95% Percent of Meters Operational 95%Percent of Meters Operational 95% Total Meter Revenue $503,205 Total Meter Revenue $238,498 Revenue per Metered Space per Day $8.66 Revenue per Metered Space per Day $10.11 1 - Model assumes $2/hr meters are multi-space meters 2 - Holidays New Years Day, ML King, Memorial Day, July 4th, Labor Day, Veteran's Day, Thanksgiving, Christmas TOTAL COMBINED METER REVENUE $741,703 Total Meter Count 605 Revenue Per Meter/Day $9.08 City of Estes Park Onstreet Revenue Model 178 Citations Peak Summer Citation Revenue - Paid within 14 days (Monday - Friday)Citation Revenue - Paid after 14 days Number of Officers 2 Number of Officers 2 Citations per officer per day 37 Citations per officer per day 37 Number of Days Enforced 96 Number of Days Enforced 96 Total Citations 7,104 Total Citations 7,104 Percent Paid within 14 days 60%Percent Paid after 14 days 40% Total Potential Citations 4,262 Total Potential Citations 2,842 Citation Value $15.00 Citation Value $25.00 Total Citation Value $63,936 Total Citation Value $71,040 Dismissal Rate 5%Dismissal Rate 7.5% Collection Rate 50%Collection Rate 50% Citation Revenue $30,370 Citation Revenue $32,856 Citation Revenue - Paid within 14 days (Weekend)Citation Revenue - Paid after 14 days Number of Officers 2 Number of Officers 2 Citations per officer per day 37 Citations per officer per day 37 Number of Days Enforced 39 Number of Days Enforced 39 Total Citations 2,886 Total Citations 2,886 Percent Paid within 14 days 60%Percent Paid after 14 days 40% Total Potential Citations 1,732 Total Potential Citations 1,154 Citation Value $15.00 Citation Value $25.00 Total Citation Value $25,974 Total Citation Value $28,860 Dismissal Rate 5%Dismissal Rate 7.5% Collection Rate 50%Collection Rate 50% Citation Revenue $12,338 Citation Revenue $13,348 179 Citations Off-Peak Permit Enforcement Citation Revenue - Paid within 14 days (Monday - Friday)Citation Revenue - Paid after 14 days Number of Officers 1 Number of Officers 1 Citations per officer per day 4 Citations per officer per day 4 Number of Days Enforced 156 Number of Days Enforced 156 Total Citations 624 Total Citations 624 Percent Paid within 14 days 60%Percent Paid after 14 days 40% Total Potential Citations 374 Total Potential Citations 250 Citation Value $15.00 Citation Value $25.00 Total Citation Value $5,616 Total Citation Value $6,240 Dismissal Rate 5%Dismissal Rate 7.5% Collection Rate 50%Collection Rate 50% Citation Revenue $2,668 Citation Revenue $2,886 Citation Revenue - Paid within 14 days (Weekend)Citation Revenue - Paid after 14 days Number of Officers 2 Number of Officers 2 Citations per officer per day 4 Citations per officer per day 4 Number of Days Enforced 55 Number of Days Enforced 55 Total Citations 440 Total Citations 440 Percent Paid within 14 days 60%Percent Paid after 14 days 40% Total Potential Citations 264 Total Potential Citations 176 Citation Value $15.00 Citation Value $25.00 Total Citation Value $3,960 Total Citation Value $4,400 Dismissal Rate 5%Dismissal Rate 7.5% Collection Rate 50%Collection Rate 50% Citation Revenue $1,881 Citation Revenue $2,035 Total Citation Revenue $98,381 Total Combined Revenue $840,084 Total Citations Issued $11,054 180 Management of Public Parking Facilities Request for Proposal Public Works Department Parking & Transit Division November 19, 2019 181 Management of Public Parking Facilities 1 | P a g e Table of Contents SECTION DESCRIPTION PAGE 1.0 Introduction 2 1.1 Purpose 1.2 Goals 2.0 General Information 2 2.1 Original RFP Document 2.2 Proposal Process 2.3 Schedule of Events 2.4 Town Contact Person 3.0 Scope of Work 3 3.1 Coordination 3.2 Budget 4.0 Proposal Preparation Instructions 5 4.1 Proposal Submission 4.2 Rejection of Proposal 4.3 Submission Address 4.4 Use of Subcontractors 4.5 Award of Contract 4.6 Insurance Requirement 4.7 Response Material Ownership 4.8 Reference Documents 4.9 Term of Contract 5.0 Information Required from the Proposer 7 5.1 Required Proposal Elements 5.2 Response to the RFP 5.3 Personnel 6.0 Evaluation/Selection Process 8 6.1 Evaluation/Selection Criteria 6.2 Interview of Finalists 7.0 Questions 8 182 Management of Public Parking Facilities 2 | P a g e 1.0 Introduction: Estes Park, Colorado is located 70 miles northwest of Denver at the eastern entrance to Rocky Mountain National Park and has a population of 6,339. Surrounded by some of the most spectacular scenery in the Rocky Mountains, Estes Park is a popular choice for vacationers and welcomes around 4 million visitors annually – experiencing the heaviest concentration of visitors during the summer and fall between Memorial Day and Halloween. In January 2018, the Town Board of Trustees adopted the Downtown Parking Management Plan (DPMP) to more actively manage the Town’s limited public parking facilities. The DPMP was designed as a phased approach that would introduce parking management in a data-driven and transparent way. The DPMP has four goals: 1. Promote turnover and manage occupancy to provide increased availability for locals and visitors; 2. Encourage use of parking facilities on the edge of downtown for longer-term stays; 3. Improve multi-modal transportation options; and 4. Identify cost-effective ways to expand the parking supply. In October 2018, the Town created a new Parking & Transit Division and hired a manager responsible for DPMP implementation. DPMP Phase I was successfully completed in 2019, including introduction of time-limited parking (30-min, 1-hr and 3-hr) in some parking facilities in the downtown core, dedicated Parking Ambassadors, implementation of fixed and mobile License Plate Recognition (LPR) technology, collection of over 100 days of parking occupancy data during the peak summer season, launch of the new Estes Parking mobile app and improved communication through use of the Dynamic Messaging Signs. In Summer 2019, Town staff also conducted an extensive “Downtown Parking Listening Tour” to supplement data collection efforts. Nearly 500 individuals provided feedback at meetings, as part of “on the street” surveys, through public comment at the Transportation Advisory Board monthly meeting, via comment form at the front desk of the Estes Valley Library and through the Town’s online feedback form. Staff also visited dozens of downtown businesses in person and logged phone call and email feedback as part of the public engagement process. This fall, staff conducted a series of four Town Board presentations (stretching from late September through mid-November) to present the results of DPMP Phase I and recommendations for moving into Phase II Initial Implementation of Seasonal Paid Parking. At their meeting on November 12, the Town Board voted to approve an ordinance authorizing seasonal paid parking and a Fee Resolution setting rates for 2020. Both the ordinance and fee resolution are provided in the Reference Documents (Section 4.8). 1.1 Purpose: The Town of Estes Park (TOEP) is seeking proposals from qualified firms to provide professional management of the Town’s parking facilities on a cost plus management fee basis, including most notably and most time-sensitive, working with staff to implement Seasonal Paid Parking beginning in Summer 2020 as directed by Ordinance 30-17 (Authorizing Seasonal Paid Parking) and Fee Resolution 37-19 (Establishing 2020 Parking Fees). 1.2 Goal: To engage an experienced parking management firm to extend the reach of Town’s Parking & Transit Division and successfully launch a new Seasonal Paid Parking program on June 1, 2020. This effort should be guided by the four goals of the DPMP (as detailed above) and must be done with careful attention to the Town’s desire to maintain and further enhance its vision to be a premier mountain community. 183 Management of Public Parking Facilities 3 | P a g e Relevant statistics about the Town’s public parking system include: • 2,207 spaces, including on-street, off-street surface parking lots and one parking structure; • The Town completed a robust data-collection effort in both 2018 and 2019. Current parking occupancy and duration data is provided in the Reference Documents (Section 4.8); • In 2019 , Town’s Parking & Transit Division issued citations daily from 9:00 a.m. to 5:00 p.m. during the peak summer enforcement season (Memorial Day through the end of September), however in 2020, the hours of monitoring/enforcement will be adjusted to 10 a.m. to 6:00 p.m. to more accurately reflect peak parking demand. The Estes Park Police Department issues overnight citations (5:00 p.m. to 9:00 a.m.) during the peak summer season and handles all parking citation issuance during the off-season (October – April) and in areas outside of the downtown core. • All parking-related citations are currently $25 with no fine escalation for non-payment. Citations paid within seven days of issuance were reduced to $15. Violation of spaces with persons with disabilities is $100 with no reduction for early payment. Historical citation data includes: o 2016: 605 o 2017: 534 o 2018: 1,095 o 2019 (to date): 1,190 • The Town issues two permits currently, a Downtown Residential Parking Permit (available to both commercial and residential property owners without access to onsite/private parking) and an Overnight Permit (available to those backpacking/camping without a vehicle in Rocky Mountain National Park). The Residential Permit is priced at $30 per year. The Overnight Permits have been free until 2019, at which time they were priced at $5/ night for individual use and $10/night for commercial use. Historical permit data includes: o 2016: 44 (Residential) and 74 (Overnight) o 2017: 59 (Residential) and 90 (Overnight) o 2018: 59 (Residential) and 138 (Overnight) o 2019 (to date): 115 (Residential) and 68 (Overnight) • The Town’s Public Works Department (Streets, Facilities, Engineering) oversees all parking-related signage, Parking Facility general maintenance, major maintenance, repairs, and capital reinvestment projects. The Town anticipates that these Parking Facility maintenance functions will remain with these various Public Works Divisions, including maintenance-related costs. However, the selected management firm will perform regular facility inspections and report maintenance items to the Parking & Transit Manager. • Public Works is responsible for cleaning and clearing snow from all Parking Facilities and from adjacent walkways/sidewalks, and this function will remain within the relevant Public Works Division, including snow-removal costs. 184 Management of Public Parking Facilities 4 | P a g e • Public Works is responsible for all landscaping, including flower-planting and maintenance within and/or adjacent to the Town’s Parking Facilities. This function will remain within the relevant Public Works Division, including landscaping-related costs. 2.0 General Information: 2.1 Original RFP Document: The Town shall retain the Request for Proposals, and all related terms and conditions, exhibits and other attachments, in original form in an archival copy. Any modification of these, in the proposer’s submission, is grounds for immediate disqualification. 2.2 Proposal Process: The responses to the RFP will be reviewed by committee and the field narrowed to the most responsive and responsible proposers. There will be approximately two weeks between announcement of the finalists and the interview/presentation. The format of the interview/presentation will be specified with the notification of finalist status. See the schedule of events in section 2.3 for the proposed schedule. 2.3 Schedule of Events: The following is a tentative schedule that will apply to this RFP, but may change in accordance with the TOEP needs, or for unforeseen circumstances. Changes will be communicated by email to all participating proposers. Activity Date Time (MST) Request for Proposal Available November 19, 2019 5:00 p.m. RFP Questions Due November 29, 2019 5:00 p.m. Mandatory Pre-Proposal Conference/Call December 3, 2019 11:00 a.m. Questions Answered December 3, 2019 5:00 p.m. RFP Submission Deadline December 9, 2019 4:30 p.m. Proposers Notified of Committee Decision December 13, 2019 2:00 p.m. Interview Top Firms December 19, 2019 All Day Firm(s) Notified of Town Decision December 20, 2019 2:00 p.m. Signed Contract Due from Selected Firm December 27, 2019 4:00 p.m. Firm Recommendation to the Board January 2, 2020 4:00 p.m. Town Board Approval January 14, 2020 7:00 p.m. Notice of Award January 15, 2020 ASAP Notice to Proceed* TBD TBD *Pending submission of Contract, Certificate of Insurance, and Business license. 2.4 Town Contact Person: Please direct inquiries concerning this RFP in writing to the following Project Manager: Town of Estes Park Public Works Department Attn: Vanessa Solesbee, Parking & Transit Division Manager P.O. Box 1200 Estes Park, CO 80517 (970) 577-3576 or vsolesbee@estes.org 185 Management of Public Parking Facilities 5 | P a g e 3.0 Scope of Service: The Town of Estes Park desires to engage an established and innovative parking management firm to assume management of the Town’s public parking program in a manner that aligns with the Town’s commitment to excellence in customer service for the benefit of residents and visitors. The successful firm will need to be prepared to immediately begin working collaboratively with the Town’s Parking & Transit Division Manager to successfully launch a new Seasonal Paid Parking program on June 1, 2020, including, but not limited to, the following top priority tasks: • Define a paid parking implementation strategy and schedule that is guided by the specific details of the Seasonal Paid Parking plan detailed in Ordinance 39-17 and Fee Resolution 30-19. • Identify, select and procure appropriate paid parking technologies, including parking meter infrastructure/hand-held devices, cash payment options, and mobile payment options; • Identify of seasonal staffing needs, including recruitment and hiring for the 2020 enforcement season; • Develop a robust public education and communication campaign, including website updates, instructional videos, collateral material, signage, social media and traditional media, and public outreach; • Create and implement a new employee parking permit and incentive program for those willing to park in perimeter lots (in partnership with Town staff); • Implement the local incentive option (30-minues of free parking daily for registered residents within the Estes Park R-3 School District); • Define Key Performance Indicators (KPIs) to track the efficacy of the new paid parking program as well as the performance of all Town public parking facilities. • Recommend additional technologies, programs and/or policies to help the Town continue to provide innovative solutions for overall mobility management. The downtown business district is served by 2,207 public parking spaces (Facilities) which are owned, maintained and managed by the Town. The following includes the name, address and brief description of all the Town parking Facilities that would be included in this management contract. Of the parking spaces listed below, only 605 of these spaces will be transitioned to paid parking in 2020 as detailed in Resolution 37- 19. Parking Facility Name Facility Address Facility Description Events Complex Park-n-Ride 1120 Manford Rd. Parking lot with 454 spaces; overnight parking allowed by permit only. Parking Structure 691 North St. Vrain & US Hwy 36 Multi-level parking structure with 415 spaces; overnight parking allowed by permit only. Four dual-port Level II Electric Vehicle (EV) charging stations. Town Hall 170 MacGregor Ave. Parking lot with 281 spaces; overnight parking allowed by permit only. 1-hour time-limited parking areas. Two dual-port Level II Electric Vehicle EV charging stations. 30 dedicated employee parking spaces to be introduced in 2020. This lot includes 30 reserved spaces (for PD, Town and Library staff in marked vehicles). This lot will transition to paid parking in 2020. 186 Management of Public Parking Facilities 6 | P a g e Visitor Center 500 Big Thompson Ave. Parking lot with 153 spaces; overnight parking allowed by permit only. 30-minute and 1-hour time- limited spaces from June - October. MacGregor Avenue 325 MacGregor Ave. On-street parking area with 86 spaces. East Riverside 212 East Elkhorn Ave. Parking lot with 44 spaces; overnight parking allowed by permit only. This lot will transition to paid parking in 2020. Virginia 131 Virginia Dr. (parking lot location; on-street parking is located on Virginia Dr. immediately adjacent to the lot). Parking lot with 20 spaces and on-street area with 10 spaces; overnight parking allowed by permit only. 20 dedicated employee spaces (the parking lot) will be introduced in 2020. Riverside 200 Rockwell St. Parking lot with 94 spaces; overnight parking allowed by permit only. This lot will transition to paid parking in 2020. Post Office 221 Riverside Dr. Parking lot with 99 spaces; overnight parking allowed by permit only. 4 spaces will be reserved for Post Office customer access. This lot will transition to paid parking in 2020. West Riverside 243 East Riverside Dr. (parking lot location; on- street parking is immediately adjacent on E. Riverside Dr.) Parking lot with 11 spaces and on-street parking area with 22 spaces; overnight parking allowed by permit only. Davis 283 Moraine Ave. Parking lot with 43 spaces. Moraine Located along the east and west sides of the street from Rockwell St. (near 292 Moraine Ave.) On-street parking area with 33 spaces. Weist 157 Moraine Ave. Parking lot with 141 spaces; overnight parking allowed by permit only. 45 dedicatd employee spaces will be introduced in 2020. This lot will transition to paid parking in 2020. Big Horn 157 Cleave St. (parking lot location; on-street parking is immediately adjacent on Big Horn Ave.) Parking lot with 42 spaces and on-street parking area with 35 spaces. Tregent 295 West Elkhorn Ave. Parking lot with 17 spaces. This lot will transition to paid parking in 2020. Spruce 170 Spruce Dr. Parking lot with 44 spaces; overnight parking allowed by permit only. Performance Park 323 West Elkhorn Ave. Parking lot with 81 spaces; overnight parking allowed by permit only. Bond Park 225 East Elkhorn Ave. Parking lot with 45 spaces and on-street parking area with 75 spaces. Brownfield’s 356 East Elkhorn Ave. Parking lot with 6 spaces. This lot will transition to employee-only in 2020. 187 Management of Public Parking Facilities 7 | P a g e The following parking management services are desired under the Professional Services contract that would be executed with the Town. The descriptions are illustrative in nature and not exhaustive. The actual scope of services will be negotiated after this RFP selection process has been conducted. • Work collaboratively with the Town’s Parking & Transit Manager to ensure excellence in service delivery for all parking management activities, from administration to enforcement. • Assign one local management staff member to be physically available in Estes Park, Monday through Frida,y during normal business hours and additional staff as needed to ensure that someone can be reached by phone 7 days a week from 7 a.m. to 7 p.m. during the peak summer season (June through October). • Hire, train, supervise, and evaluate seasonal parking staff (Parking Ambassadors) in partnership with the Parking & Transit Manager and Estes Park Police Department (EPPD); handle disciplinary and other personnel issues. It is anticipated that a Parking Ambassadors shall be present in each the parking lots designated for paid parking between 10 a.m. and 6 p.m., 7 days per week from June 1 – October 18. In 2019, Parking Ambassadors were recruited from local universities and trained in coordination with the Estes Park Police Department’s Community Service Officers. It is anticipated that a similar approach would be taken in 2020, however the Town is open to ideas on how to best recruit quality field staff. • All staff – including both management and front-line (field operations) staff – should present themselves to the public as representatives of the Town’s parking program vs. an employee/representative of a specific management firm (a “white-labeled” approach). • Assist with the development of necessary operating policies and procedures. • Perform daily, weekly, and monthly financial auditing and reconciliation. • Provide daily, monthly, and annual operations and financial reports in sufficient detail to meet the Town’s requirements. Ensure compliance with all Town, State, Federal and industry financial regulations, including conformity with PCI/EMV compliance. • Track parking-related statistics for all facilities (e.g., parking occupancies, durations, citation data, allocations, paid parking transactional data, revenues, expenses, customer service, incentive program utilization, permits, maintenance, and safety/security). • Provide responsive, hands-on customer service in a friendly and professional manner, tracking and resolving any and all customer service-related issues. Participate in the Town’s “Service Elevated” training and approach. • Assist the Town with development and implementation of a robust communications, marketing and public education program that supports DPMP implementation goals, including an introductory public meeting in May 2020 to educate the community on the program operation and answer questions from the public 188 Management of Public Parking Facilities 8 | P a g e • Administer the paid parking program upon implementation per Resolution 37-19, including management of all selected technology solutions, daily handling of cash, development and tracking of KPIs, customer service, and collaboration with Town staff to determine appropriate parking rates annually. • Maintain all parking equipment, coordinating with vendor(s) as appropriate and authorized by the Town. • Work with relevant Town departments (and divisions) and appropriate vendors to ensure successful wireless connections, communications connections, power connections and IT viability for all parking management functions (e.g., paid parking equipment, mobile and fixed LPR units, mobile application, handheld devices, etc.) • Conduct effective and efficient enforcement for parking violations, including citation issuance, tracking, and if necessary, escalation (e.g., booting, towing or collections) and adjudication. • Ensure all parking division employees are appropriately and professional outfitted and visible, including wearing an identifying uniform, at all times, that has been approved by the Town in advance for acceptance of color and design. • Administer the Town’s parking permit program, including permit issuance, renewal, tracking and customer service inquiries and responses. • Continually evaluate operations to advance the Town’s parking management goals (as defined by the Downtown Parking Management Plan) while also being flexible and responsive to the needs of the community. • Be knowledgeable regarding federal, state and local regulations that apply to the operation, maintenance, and repair of a public parking system – including building and safety regulations and inspection requirements, environmental regulations, the Americans with Disabilities Act, and procurement regulations. Conduct operations of the System so they comply with applicable federal, state, and local regulations. • Keep all Town equipment clean and in a proper state of maintenance and repair. The Town will furnish and maintain the existing mobile License Plate Recognition (LPR) vehicle, the fixed LPR cameras in the parking structure, and the pole-mounted cameras monitoring the Events Complex lot. The Town will also furnish radios for use by field staff. The Town will install and maintain all parking signage and pavement markings. • Coordinate with the Estes Park Police Department to collect and log all parking citations issued by the EPPD into the data base of all citations issued by the management firm. 3.1 Coordination: The selected firm is to work in conjunction with the Town’s Parking & Transit Division and other designated departmental representatives, to create a collaborative environment that supports open communication, transparent project management and excellence in customer service. 189 Management of Public Parking Facilities 9 | P a g e 3.2 Budget: The Town will accept proposals from parking management firm to manage its public Parking Facilities under a cost-plus management fee type contract. Fee proposals shall be provided in a separate sealed envelope that will be opened after the Selection Committee has determined the initial ranking of the submitting Firm’s proposals based on qualifications and experience criteria. The fee proposals will then be compared to the rankings based on the Firm’s proposal. The Town reserves the right to negotiate the final scope of work and fee with the selected management firm. 4.0 Proposal Preparation Instructions: 4.1 Proposal Submission: This process is expected to be competitive with numerous firms participating. It is preferred that proposals be submitted to BidNet on or before 4:30 P.M. MST on December 9, 2019, in separate PDF files including the following: • Services Proposal clearly titled “Service Proposal: Management of Public Parking Facilities”. • Fee Proposal clearly titled “Fee Proposal: Management of Public Parking Facilities”. Alternative Submission: One (1) hard copy each, separately packaged, of the Service Proposal and Fee Proposal, and an electronic version of each document on a USB flash drive, may delivered to the Public Works office in Estes Park on or before 4:30 P.M. MST on December 9, 2019. Proposals and the electronic copy must be in a sealed envelope. Firms who choose to mail their proposals must allow sufficient mail delivery time to ensure receipt of their proposals by the time specified. 4.2 Rejection of Proposal: The Town of Estes Park, Public Works Department reserves the right to reject any or all proposals and to waive formalities and minor irregularities in proposals received if deemed in the best interest of the Town to do so. If, in the judgment of the Town, the bids or proposals are substantially equal, the Town Board may grant the contract to companies located in the Estes Valley or Larimer County. The total cost of proposal preparation, submission and any travel or accommodations resulting from invitation to interview shall be covered by the Proposer. LATE PROPOSALS WILL NOT BE ACCEPTED OR CONSIDERED. 4.3 Submission Address: The proposal envelope may be delivered or sent by US mail to: Town of Estes Park Ms. Vanessa Solesbee Parking & Transit Manager P.O. Box 1200 (if mailed) 170 MacGregor Ave., Room 100 (if delivering) Estes Park, CO 80517 Envelopes should be clearly marked: “RFP Response: Management of Public Parking Facilities”. Delivery services other than US Mail, or hand delivered proposals should be delivered to: 190 Management of Public Parking Facilities 10 | P a g e Town of Estes Park Ms. Vanessa Solesbee Parking & Transit Division Manager 170 MacGregor Avenue, Room 100 Estes Park, CO 80517 Envelopes should be clearly marked: “RFP Response: Management of Public Parking Facilities”. 4.4 Use of Subconsultants: The proposing firm shall indicate in the proposal any work intended to be performed by subconsultants or persons outside of their firm (e.g., partnering firms, consultants, etc.). The bidding firm shall name the partner firms, if known, at the time of proposal submittal. Partners and subcontractors shall be bound to meeting the same quality standards and schedules as the proposing firm. They will also provide the same level of documentation (insurance & business licenses). See item 4.6 below. 4.5 Award of Contract: A formal agreement will be awarded to the most responsive and responsible firm, which is defined as the firm that submits a proposal which fully meets the requirements as defined in the Scope of Work and during any subsequent interview. The executed agreement will be a standard “Professional Services Agreement” type and the TOEP will generate an agreement to this effect. 4.6 Insurance Requirements: Insurance Certificates are not required with the proposal, but shall be provided by the selected management firm with the signed Professional Services Contract. The Town must approve the successful firm’s/firm(s) insurance prior to execution of the agreement by the Town Board of Trustees. The successful firm shall acquire a Town Business License prior to signing the agreement, at their own expense. 4.7 Response Material Ownership: All material submitted regarding this RFP becomes the property of the Town and will only be returned to the Firm at the Town’s option. The Town of Estes Park has the right to use any or all ideas presented in reply to this RFP. Disqualification of the proposer does not eliminate this right. 4.8 Reference Documents: The following documents are available for reference: ● 2018 Downtown Parking Management Plan ● 2018 Downtown Plan ● Town of Estes Park Parking Map ● Ordinance 30-17 (Authorizing Seasonal Paid Parking) ● Fee Resolution 37-19 (Establishing 2020 Parking Fees) ● Summary of 2018 and 2019 Data Collection ● 2019 Parking Division Budget ● 2020 Parking Division Budget (Proposed) ● Town of Estes Park Professional Service Contract ● Seasonal Paid Parking 2020 – Next Steps (includes revenue and cost projections). The revenue collected from this phase of paid parking is expected to fully fund the implementation in 2020. 191 Management of Public Parking Facilities 11 | P a g e 4.9 Term of Contract: The Town will generate the Professional Services Agreement in accordance with Town policy. The Town desires to establish a multi-year relationship and contract with a professional parking management firm, however the State of Colorado’s Tax Payer Bill of Rights (TABOR) prevents the Town from committing to multi-year contracts. A contract term that is acceptable for both the Town and selected firm would be negotiated upon selection. 5.0 Information Required from the Proposer: 5.1 Eligibility to submit a proposal begins with in-person or phone-in attendance at a mandatory pre- proposal conference which will be held on December 3, 2019 at 11 a.m. in the Administration Conference Room located in Room 150 at the Estes Park Town Hall, 170 MacGregor Ave., Estes Park, Colorado. Perspective proposers who wish to participate remotely may call in on a conference line at 970-577-3709. 5.2 Required Proposal Elements: The Proposer must provide the following information and statements within the proposal: • COVER LETTER: o Identify the proposer’s name, mailing address, telephone number and contact person(s). The letter must be signed by the proposer (an authorized signatory of the firm), and should be limited to two (2) pages. • ORGANIZATION AND FIRM/PERSONNEL QUALIFICATIONS: o Describe the background – including experience with municipalities, qualifications and experience of the organization and appropriate personnel. Please include resumes of key personnel. o Describe the firm’s history, objectives and philosophies. o Provide a detailed description of the practices that demonstrate the firm’s ability to provide outstanding customer service. o Provide information regarding the financial health of the proposing, as well as any pending or recent legal action taken against the firm (within the last three years); and the capacity for the firm to successful implement the parking program as proposed • PROJECT APPROACH: o Describe the approach that the proposer would take in managing the municipal parking needs of the Town. The program approach should be concise. Processes and elements should be detailed in this section of the proposal. o Identify specific strategies that will be used to meet the Town’s aggressive goal of implementing paid parking by June 1, 2020 with a specific emphasis on ensuring operational excellence. o Specify the firm’s experience with tracking Key Performance Indicators (KPIs) or other parking industry performance metrics, including how metrics were used to adjust management decisions and/or policy changes. o Detail any other creative or innovative ideas should be detailed in this section. 192 Management of Public Parking Facilities 12 | P a g e • REFERENCES: Five references of past or current clients, three of which are with similar government projects. • CONTACT INFORMATION: Name of the person who will act as the primary contact for the proposing firm’s work, including; phone, cell phone, and email contact information. • FEE (in a separate document that will be reviewed following the qualification assessment): o Provide a high-level annual budget, including the monthly management fee and any proposed annual increases and schedule based on the Scope of Services outline in this RFP. o Include a schedule indicating the components of the proposed fee (i.e. accounting, overhead, profit, etc.). schedule without fee reference should be in approach because reviewing fee is a separate from proposal. o Provide sample reporting formats including monthly revenues, monthly expenses, monthly ticket counts, monthly validation breakdowns, permit sales. Not in the fee proposal that is separate from proposal. o Provide samples of secure web based (internet) online revenue management reports, i.e. P&L, activity reports, expenses, etc. Include an estimated stabilized operating expense budget. In proposal and not fee o Note: The Town may opt to exclude services from the final contract format. The Town reserves the right to negotiate fees with selected firm. 5.3 Response to the RFP: The proposing firm must address each item of Section 5.1, in the order presented and meet the mandatory requirements of Section 3.0 through Section 5.0. Proposals should be concise, and generally should not exceed fifteen (15) pages, excluding cover letter, resumes and references. Any requested restrictions for the use or inspection of material contained within the submittal shall be clearly stated. Confidential commercial, financial, and/or proprietary information must be clearly identified and separately packaged from the rest of the submittal. If so identified, the Town will protect those items from disclosure to the extent permitted by law. 5.4 Personnel: The successful firm must be capable of providing adequate, knowledgeable, and local personnel to fulfill the requirements of the proposed agreement. It is a requirement of the Town that key personnel identified during the consultant selection process, will participate in, and execute the project. Substitution of key personnel after the award of contract will require TOEP approval, as project lead personnel are considered essential. 6.0 Evaluation/Selection Process: 6.1 Evaluation/Selection Criteria: Each responsive proposal received by the Town shall be evaluated in a consistent manner as described in this subsection. A responsive proposal is one which complies with all material aspects of the solicitation, both as to the method and timeliness of submission, and as to the substance of any resulting contract. Prospective proposers are advised to submit all required forms, attachments and other information as requested in the RFP. 193 Management of Public Parking Facilities 13 | P a g e The Town reserves the right to reject any or all proposals if it believes there is a sound documented business reason for doing so, and to negotiate matters of consultant/firm performance, project schedule and other issues not directly related to the proposal price submitted prior to awarding a contract. The Town further reserves the right to cancel the procurement process at any time during the evaluation process if it appears that the proposals received are not suitable for any reason whatsoever. Proposals will be evaluated according to the following Selection Criteria: Selection Criteria Point Value Item #1: RFP completion. How complete and concise was the RFP response? Was the RFP well organized, with complete information responding to all of the submittal criteria? 10 Points Item #2: Project Approach. RFP documents a clear understanding of the Town’s needs and clear direction toward completing the scope of work. 25 Points Item #3: Key Personnel. Experience of key personnel. Relevant parking management background including with municipality/government experience. Demonstrated skill in implementing paid parking. 20 Points Item #4: Schedule. Ability to achieve the Town’s stated goals within the desired timeframe, most critically implementing paid parking by June 1, 2020. Submitted complete and understandable scheduling approach. 15 Points Item #5: Firm Experience & Qualifications. Relevant experience managing parking operations for a municipal program of a size and scope similar to TOEP. General personnel and operational budget are consistent with the current market. Anticipated costs are logical and consistent with scope of work. 20 Points Item #6: References. References verifying quality of work performed with relevant and similar type facility planning projects. 10 Points Total Points 100 Points 6.2 Interview of Finalists: At the Town’s option, the field will be narrowed to the top responsive proposers and they will be invited to interview with the Evaluation/Selection committee in person, in a to-be-defined format. The finalists will have approximately one week to prepare their presentation for the committee. 7.0 Questions: Please direct all questions in writing to Vanessa Solesbee, Parking & Transit Manager, either through Bidet, or via email at: vsolesbee@estes.org, following the following the schedule as stated in Section 2.3. All responses will be provided in an addendum and posted on BidNet’s Rocky Mountain E-Purchasing, and also on the Town’s website, Parking & Transit Division webpage (www.estes.org/parking). Disclaimer: Any Professional Services Agreement Contract is subject to the review and approval of the Town of Estes Park, Board of Trustees. 194 TOWN BOARD MEETING January 14, 2020 Report & Discussion Item #1 Land Use Planning IGA with Larimer County No memo will be provided for this item. 195 It is a sad but growingly evident truth in Estes Park politics that the first half of an elected official’s term  is really more of a performance, the better angel of who the candidate wishes to be (or wishes the  electorate to believe, in order to court votes), while the second half is who the person actually is.  Trustee Ken Zornes, who will soon be a veteran on the force rather than a wet‐behind‐the‐ears rookie,  has suddenly decided implementation of all town board decisions made within a six‐month radius of a  scheduled election should be withheld until after that election.  How else to explain his desire to reverse the outcome of a 4 to 3 vote against extending the current IGA,  a vote that found him on the losing side?    Let’s not kid ourselves – If the town board had voted the way Trustee Zornes voted, the way he wanted  other board members to vote, he would not be calling for holding off implementation until after the  April election, or the November election in the case of the county commissioners.  He would instead be  telling us “the board has spoken, full speed ahead”.  His cry to “listen to the people” or “listen to the  angry retired folks who have time to show up at public hearings” is uni‐directoinal – he is all ears when it  is convenient, but deaf to those voices that don’t echo the voices in his head.    I was in a room not that long ago where he proclaimed “I’ve heard enough” when the prevailing opinion  in that room was against his, in this case against implementation of a stormwater drainage fee/tax.  And  we already know how he feels and votes about the Loop, and paid parking.  In these instances, he votes  counter to the prevailing opinion of the ultra‐minority (compared to total number of registered voters)  who show up to speak at public hearings.  But whatever – prevailing public opinion as determined by the  Trustee Zornes wind gauge is useful to him only when it jibes with his beliefs.   Among the Trustee Zornes crowd, renewal of the IGA if fast becoming a single‐issue “dog whistle” or  “litmus test” (depending on your views) for which candidates or duly‐elected officials should be allowed  to file, and which candidates or elected officials should be harassed relentlessly.  This is unfortunate,  because 20 years of this sacred cow has done nothing to improve the dismal prospects for a year‐round  economy, or slow down the CEO‐carousel over at Estes Health, or reduce the carbon footprint or  stoplight emissions or whatever else are actual concerns for actual people.    Living in a world with one planning commission or two planning commissions will have very little impact  on the day‐to‐day activities of the vast majority of Estes Park and Estes Valley (whatever that means, the  definition changing according to which side of the fence you live on) residents, the bulk of whom are not  realtors, building contractors or developers.  But it has a great impact on rallying the base, and is  apparently being crafted as the perfect “gotcha” question for upcoming candidate forums.  “Don’t be a  single‐issue candidate”, the town clerk advises (and everyone who knows anything about biology or  evolution agrees), yet it is clear Trustee Zornes and those who support him want this to be the single  issue at the next election.  We already know this, because people and elected officials who believe a certain way or state a contrary  opinion have been bullied and threatened relentlessly on the town bulletin board and the last six trustee  talks and mayor chats, with cries of “How can you be so stupid?” and “Your beliefs don’t make any  196 sense”.  A future without an IGA is fairly predictable – life will go on and the sun will rise tomorrow,  since it does in every other Colorado community without a land‐use IGA.  But it is a convenient way to  stir emotions and exchange the secret handshake, since everyone of a certain age in Estes Park wants to  believe the sky is failing and they alone are privy to this information.   Help me understand:  Over the last twenty years, we have crafted a joint planning agreement that is so  wonderful and marvelous and equitable and revolutionary and game‐changing that no other Colorado  community chose to adopt it or steal it and call it their own yet.  Or ever.  Sounds more like we built an  Edsel instead of a Tesla.  I guess all of Colorado (save Trustee Zornes and his supporters) is overflowing  with stupid, backwards hicks?          Now that we are getting to know Trustee Zornes a little better, I’m betting he would decry the outside  influence of, say, Russia, on local elections, but not the outside influence, of, say, Larimer County  residents living beyond the Estes Park town limits, who, just like the Politburo, can’t vote and shouldn’t  vote in Estes Park’s elections.  Especially when he can wield the opinions of outsiders to create a town  board more in his image, meaning one where he can act the way he has always preferred to act, in a  steamroll fashion, without having to deal with criticism or challenge.  Every two years in April, we hold elections where common citizens who voluntarily decided to live  within the town have a chance to vote, to have their opinions and beliefs and dreams weighed equally  with their fellow men and women, regardless of background, wealth, or social status.  It has been on the  calendar in Estes Park since 1918.  It is not a surprise, and our government has never ground to a halt in  January because of what might happen in April.    For very good and legitimate reasons, ballots in this election are not sent to those living or owning a  primary residence in Loveland, or in Lubbock, or in Latvia.  It is an Estes Park town election.  For those  Estes Park people living within the town limits of Estes Park.  Not those hand‐picked to fill out  meaningless unscientific opinion surveys, or those whose datebook is always open to schedule a scuffle  or read from a script.    Those people who receive the most votes in these elections get to serve as the representatives of the  people who voted for them.  Since it is a secret ballot, they have no idea if the people who say they  voted for them actually voted for them.  They have to act on faith, and behave as if their belief system  and approach to governance and campaign promises was what was being supported, and given the  green light.  Trustee Zornes apparently likes town citizens when they elect him, but dislikes them when  they elect those who disagree with him.    The last four years of Estes Park’s political history have been a pathetic display of conspirators (in its  original sense of “breathing the same air”, look it up before you fly off the handle) dismantling duly‐ elected officials and reversing majority decisions through questionable means.  Will transparency  increase or decrease after April 7?  What about good will?  Will Trustee Zornes or those in his voting  bloc even take a stand on this, or allow these concerns to be campaign issues as well?  197 Reap the wind, sow the whirlwind.  Since he started it, since he showed how recalls can be pulled off  using the apparatus of anonymous attack mailers and self‐proclaimed “unbiased” forums run by friends  and relatives, Trustee Zornes should prepare for one of his favorites to be picked off after the next  election.    Or maybe he should use this down time to start designing that bunker himself, since he believes nothing  can be accomplished, and no legitimate decisions implemented, in the three months leading up to an  election.  Maybe he can stay home and use the remaining lifespan of planning commissioners created in  his image for helpful advice.  If Trustee Zornes and his backers can wield the recall process to reverse the  outcomes of elections that displease him/them, where no crime has been committed and none could  ever be charged, so can those who didn’t vote for him.    Since Trustee Zornes helped usher in the era of counting scalps and issuing veiled threats about  electability, those on the other side would be stupid not to play that same game.  Doing the math, we  can all recognize the number of citizens who didn’t vote for Trustee Zornes two years ago was much  greater than those who did.      198