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HomeMy WebLinkAboutPACKET Town Board 2022-05-10The 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, May 10, 2022 7:00 p.m. In Person Meeting – Mayor, Trustees, Staff and Public ADVANCED PUBLIC COMMENT By Public Comment Form: Members of the public may provide written public comment on a specific agenda item by completing the Public Comment form found at https://dms.estes.org/forms/TownBoardPublicComment. The form must be submitted by 12:00 p.m., Tuesday, May 10, 2022. All comments will be provided to the Board for consideration during the agenda item and added to the final packet. REMOTE PUBLIC PARTICIPATION DURING BOARD MEETING Remote participation in the meeting will be available by call-in (telephone) or online via Zoom Webinar which will be moderated by the Town Clerk’s Office. Instructions are also available at www.estes.org/boardsandmeetings by clicking on “Virtual Town Board Meeting Participation”. Individuals participating in the Zoom session should also watch the meeting through that site, and not via the website, due to the streaming delay and possible audio interference. CALL-IN (TELEPHONE):877-853-5257 (toll-free) Webinar ID: 982 1690 2040 ONLINE (ZOOM WEBINAR): https://zoom.us/j/98216902040 Webinar ID: 982-1690-2040. PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). PROCLAMATION - ARBOR DAY. PROCLAMATION - KIDS TO PARKS DAY. ESTES RECYCLES DAY POSTER CONTEST AWARDS. 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 April 26, 2022 and Town Board Special Study Session Minutes dated April 21, 2022. 3.Estes Park Planning Commission Minutes dated March 15, 2022 (acknowledgment only). Prepared 04-29-2022 *Revised Page 1 NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 4.Parks Advisory Board Minutes dated March 17, 2022 (acknowledgment only). 5.Transportation Advisory Board Minutes dated March 16, 2022 and March 24, 2022 (acknowledgment only). 6.Deaccessioning AIPP Art Donation. 7.Resolution 36-22 Amendments to the Memorandum of Understanding with Estes Park Western Heritage, Inc. 8. Resolution 37-22 Contract for US 36 and Community Drive Roundabout with Cornerstone Engineering and Surveying, $167,984 – Budgeted. 9.Resolution 38-22 Intergovernmental Agreement for 2022 Elkstang Bustang Service with CDOT. 10. Resolution 39-22 Contract for Housing Needs Assessment and Strategic Plan with Root Policy Research. 11. 2022 Merit Increase of 2% for Town Administrator Machalek per Employment Agreement. LIQUOR ITEMS: 1.RESOLUTION 40-22 NEW OPTIONAL PREMISE LIQUOR LICENSE APPLICATION FOR ESTES VALLEY RECREATION AND PARK DISTRICT DBA ESTES PARK GOLF COURSE, 1482 GOLF COURSE ROAD, ESTES PARK, COLORADO. Town Clerk Williamson. To consider a new optional premise liquor license application and to consider the needs and desires of the neighborhood. ACTION ITEMS: 1.ORDINANCE 03-22 AMENDING CHAPTER 17.66 OF THE ESTES PARK MUNICIPAL CODE REGARDING NEON-STYLE SIGNS. Planner Bergeron. Recommended changes would place reasonable restrictions on neon-style signs while permitting the ongoing use. 2.ORDINANCE 05-22 VACATING A PORTION OF THE WEST RIVERSIDE DRIVE RIGHT-OF-WAY. Director Muhonen. Vacation of excess street right-of-way for the Downtown Estes Loop. 3.LODGING TAX EXPLORATION TASK FORCE TOWN BOARD LIAISON APPOINTMENTS. Town Administrator Machalek. Consideration of the appointment of two members of the Town Board to serve as liaisons to the Lodging Tax Exploration Task Force. 4.INTERVIEW COMMITTEE FOR THE PARKS ADVISORY BOARD. Town Clerk Williamson 5.INTERVIEW COMMITTEE FOR THE TRANSPORTATION ADVISORY BOARD. Town Clerk Williamson. REPORTS AND DISCUSSION ITEMS: 1.2022 REGULAR MUNICIPAL ELECTION REPORT. Town Clerk Williamson. To provide the Town Board and the public an overview of the latest election, including costs, ballot details, use of the new drop box, turnout, etc. Page 2 REQUEST TO ENTER EXECUTIVE SESSION: For the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators - Section 24- 6-402(4}(e), C.RS. – Fish Hatchery Negotiation Update. ADJOURN. Page 3 Page 4 Town of Estes Park, Larimer County, Colorado, April 26, 2022 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall and Virtually in said Town of Estes Park on the 26th day of April, 2022. Present: Wendy Koenig, Mayor Patrick Martchink, Mayor Pro Tem Trustees Carlie Bangs Barbara MacAlpine Scott Webermeier Cindy Younglund Also Present: Travis Machalek, Town Administrator Jason Damweber, Assistant Town Administrator Dan Kramer, Town Attorney Jackie Williamson, Town Clerk Kimberly Disney, Recording Secretary Absent: Trustee Marie Cenac Mayor Koenig called the meeting to order at 7:00 p.m. PROCLAMATION – PUBLIC SERVICE RECOGNITION WEEK. Mayor Koenig read a proclamation recognizing public service members. AGENDA APPROVAL. It was moved and seconded (Webermeier/Martchink) to approve the Agenda, and it passed unanimously. PUBLIC COMMENTS. Jean Lindholm/Town citizen requested an individual standing committee be created which focused on environmental sustainability to preserve the pristine community. She stated the Town was behind other similar communities with regard to environmental issues. TRUSTEE COMMENTS. Trustee comments have been summarized: Recognized Trustee Bangs for her time on the Board of Trustees and thanked her for her service. The Transportation Advisory Board meeting was held April 20, 2022. The Policy Auxiliary Board met April 22, 2022 and welcomed the new Sergeant. The Citizen Police Academy was currently being held and would end May 12, 2022. The next Visit Estes Park Board meeting would be held April 30, 2022 and applications were being accepted for the Lodging Tax Exploration Task Force. The Colorado Municipal League conference would be held in Breckenridge on June 21, 2022 through June 24, 2022 and Board members were encouraged to attend. The next Platte River Power Authority Board meeting would be held April 28, 2022. The Larimer County Behavioral Health Policy Council would meet May 2, 2022. The Comprehensive Plan Advisory Committee met April 14, 2022 and the upcoming community engagement Choices Workshop would be held May 12, 2022. The Estes Park Planning Commission met April 18, 2022, one development plan was approved and an annual review was held on the Stanley Home Museum. TOWN ADMINISTRATOR REPORT. Town Administrator Machalek presented the 2022 Organization Plan as required by Board Policy 1.13 or 3.13 and following the certification of results of each biennial election. He recognized Trustee Bangs and retiring Police Chief Wes Kufeld for their years of service with the Town. 1.CONSENT AGENDA: 1.Bills. DR A F T Page 5 Board of Trustees – April 26, 2022 – Page 2 2.Town Board Minutes dated April 12, 2022 and Town Board Study Session Minutes dated April 12, 2022. 3.Comprehensive Plan Advisory Committee Minutes dated March 10, 2022 (acknowledgment only). 4.Change Order for a Contract Extension for the 2022 Chip & Crack Seal Program with Vance Brothers, Inc., for $147,491 – Budgeted. 5.Change Order for a Contract Extension for the 2022 Overlay & Patching Program with Coulson Excavating Co., Inc., for $614,637 – Budgeted. 6. Change Order and Contract Agreement for Graves Ave Improvements with Sanderson Stewart, $17,150 – Budgeted. 7. Resolution 33-22 Setting the Public Hearing for a New Optional Premise Liquor License Application for Estes Valley Recreation and Park District dba Estes Park Golf Course, 1482 Golf Course Road, Estes Park, Colorado for May 10, 2022. 8.Resolution 34-22 Application for Grant Funding from the Colorado Department of Local Affairs for Broadband Initiative Planning and Implementation. 9.Appointment of Julie Daley to the Estes Park Housing Authority for a five-year term beginning May 1, 2022 and expiring April 30, 2027. It was moved and seconded (Younglund/Bangs) to approve the Consent Agenda, and it passed unanimously. PLANNING COMMISSION ITEMS: 1.ACTION ITEMS: A. RESOLUTION 35-22 GOLDEN LEAF MINOR SUBDIVISION, 325 AND 327 JAMES STREET, MARK AND RENAE ADELMANN, OWNER/APPLICANT, VAN HORN ENGINEERING, APPLICANT’S REPRESENTATIVE. Mayor Koenig opened the public hearing. Planner Woeber stated presented Resolution 35-22 to approve the minor subdivision of a 4.44-acre lot into three separate lots consisting of 1.13 acres, 1.83 acres, and 1.47 acres respectfully. Both water and sewer improvements would be required as part of the subdivision. The Estes Park Planning Commission recommended approval of the Resolution. Tom Bergman, of Van Horn Engineering was available for questions. The Board discussed access to lot 3 from West Elkhorn Avenue, staff efforts, and the Estes Park Planning Commission review. John Meissner/Town citizen questioned if the manner of lot division was due to existing structures, and existing access to those structures. Jean Lindholm/Town citizen questioned if there were any environmentally sustainable additions to the lots. Mayor Koenig closed the public hearing and it was moved and seconded (Martchink/Bangs) to approve Resolution 35-22, and it passed unanimously. ACKNOWLEDGEMENT OF TRUSTEE BANGS. Mayor Koenig read a Resolution of Respect for Trustee Bangs and Town Administrator Machalek acknowledged Trustee Bangs and thanked her for her service to the community. Mayor Koenig called a break at 7:41 p.m. and the meeting was reconvened at 8:00 p.m. DR A F T Page 6 Board of Trustees – April 26, 2022 – Page 3 SWEARING-IN CEREMONY FOR NEWLY-ELECTED TRUSTEES. Judge Thrower conducted a swearing-in ceremony for newly-elected Trustees Marie Cenac, Kirby Hazelton, and Scott Webermeier. ACTION ITEMS: 1.APPOINT MAYOR PRO TEM. It was moved and seconded (Younglund/Martchink) to approve the appointment of Trustee Webermeier as Mayor Pro Tem, and the motion passed unanimously. 2.TOWN BOARD POLICY 101 – BOARD ASSIGNMENTS. Policy Governance 101 Board Appointments outline the appointments to a number of Boards, Commissions and Task Forces. The following were considered by the Board for formal approval and appointment: Board, Commission or Task Force Liaison Staff Liaison Type of Committee Estes Park Planning Commission Trustee MacAlpine Jessica Garner Advisory/ Decision Making Estes Park Board of Adjustment Trustee MacAlpine Jessica Garner Decision Making Western Heritage Inc Trustee Cenac n/a Outside Estes Park Museum Friends and Foundation Inc. n/a Derek Fortini Outside Police Auxiliary Trustee Younglund Wes Kufeld Working Group Parks Advisory Board Trustee Younglund Brian Berg Advisory Transportation Advisory Board Trustee Martchink Greg Muhonen Advisory Estes Valley Restorative Justice Trustee Hazelton Denise Lord Working Group Estes Park Board of Appeals Trustee Hazelton Jessica Garner Advisory/Deci sion Making Sister Cities Trustee MacAlpine n/a Working Group Family Advisory Board Trustee Younglund Jason Damweber Advisory Comprehensive Plan Advisory Committee Trustee MacAlpine Jessica Garner Advisory Committee or Board Appointed Member(s) Staff Liaison Type of Committee Audit Committee Mayor Koenig Mayor Pro Tem Webermeier Trustee Hazelton Travis Machalek Duane Hudson Advisory Colorado Association of Ski Towns (CAST) Voting Designee – Trustee Cenac Alt Designee TA Machalek n/a Outside Platte River Power Authority Board of Directors Mayor Koenig Reuben Bergsten Outside Estes Park Economic Development Corporation Board of Directors Trustee Hazelton & TA Machalek n/a Outside Larimer County Solid Waste Policy Council Mayor Koenig expires 11/30/2022 n/a Outside Local Marketing District (Visit Estes Park) Trustee Webermeier Alt Designee Trustee Cenac n/a Outside Regional Transportation Infrastructure Funding Task Force Trustee Martchink n/a Outside Larimer County Behavioral Health Policy Council Mayor Koenig n/a Outside DR A F T Page 7 Board of Trustees – April 26, 2022 – Page 4 It was moved and seconded (Younglund/Hazelton) to approve the revisions to Policy 101 Board of Trustees Division of Responsibilities, and it passed unanimously. 3.STAFF ASSIGNMENTS. Town Clerk Williamson presented the staff appointments and noted a minor change on the Assistant Municipal Judge position. Judge Ablao has stepped down from the role and staff would bring forward a new appointment for Assistant Municipal Judge in the future. It was moved and seconded (Webermeier/MacAlpine) to approve the appointments of Jackie Williamson as Town Clerk, Duane Hudson as Town Treasurer/Town Clerk Pro Tem, Dan Kramer as Town Attorney, David Thrower as the Municipal Judge and Travis Machalek as the Town Administrator, and it passed unanimously. 4.ORDINANCE 04-22 AMENDING SECTION 2.24.030 OF THE ESTES PARK MUNICIPAL CODE ON TOWN OFFICER COMPENSATION AND RENEWING THE AGREEMENT WITH THE MUNICIPAL JUDGE. Mayor Koenig opened the public hearing. Town Clerk Williamson presented Ordinance 04-22 which would update code language to clearly outline how officers of the Town would be compensated and approve a new agreement with the Municipal Judge. The agreement for Judge Thrower would begin on April 26, 2022 and terminate on April 23, 2024 with all other conditions remaining the same with the following exceptions: inclusion of Judge Thrower as the Liquor License Authority for show cause and other liquor matters and an increase in monthly rate. Mayor Koenig closed the public hearing and it was moved and seconded (Younglund/Webermeier) to approve Ordinance 04-22, and it passed unanimously. Whereupon Mayor Koenig adjourned the meeting at 8:20 p.m. Wendy Koenig, Mayor Kimberly Disney, Recording Secretary DR A F T Page 8 Town of Estes Park, Larimer County, Colorado April 21, 2022 Minutes of a Special Study Session meeting of the TOWN BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in Rooms 202/203 in said Town of Estes Park on the 21st day of April 2022. Town Board: Mayor Koenig, Mayor Pro Tem Martchink, Trustees Bangs, Cenac, MacAlpine, Youngland and Webermeier Also Attending: Town Administrator Machalek, Assistant Town Administrator Damweber, Town Attorney Kramer, Deputy Town Clerk Beers, Trustee Elect Hazelton and Estes Chamber of Commerce Board Members Absent: Mayor Pro Tem Martchink, Trustees Bangs, Cenac and MacAlpine INTRODUCTIONS AND INFORMAL DISCUSSION. The Board of Trustees and Estes Chamber of Commerce held an informal luncheon. Introductions were made for attending members. Luncheon adjourned at 1:30 p.m. Bunny Victoria Beers, Deputy Town Clerk Page 9 Page 10 Town of Estes Park, Larimer County, Colorado, March 15, 2022 Minutes of a Regular meeting of the ESTES PARK PLANNING COMMISSION of the Town of Estes Park, Larimer County, Colorado. Meeting held VIRTUALLY in said Town of Estes Park on the 15 day of March 2022. Committee: Chair Matt Comstock, Vice-Chair Matthew Heiser, Commissioners Joe Elkins, Howard Hanson, Janene Centurione. Attending: Chair Comstock, Vice-Chair Heiser, Commissioner Centurione, Commissioner Elkins, Commissioner Hanson, Director Jessica Garner, Senior Planner Jeff Woeber, Planner II Alex Bergeron, Planning Technician LJ Baur, Recording Secretary Karin Swanlund, Town Attorney Dan Kramer, Town Board Liaison Barbara MacAlpine Also Attending: Mike Scholl, Matt Ashby, Ayres Associates consultants Absent: None Chair Comstock called the meeting to order at 1:30 p.m. AGENDA APPROVAL It was moved and seconded (Heiser/Elkins) to approve the agenda. The motion passed 5-0. PUBLIC COMMENT none CONSENT AGENDA APPROVAL It was moved and seconded (Hanson/Heiser) to approve the consent agenda. The motion passed 5-0. ACTION ITEMS 1.Golden Leaf Minor Subdivision Senior Planner Woeber Planner Woeber reviewed the staff report for the Golden Leaf Minor Subdivision. The 4.44± acre site is within the E-1 (Estate) Zone District. Currently, there are two residences on the property. The proposed subdivision creates an additional single- family lot for a single-family home. Staff recommended approval of the Minor Subdivision with one condition of approval: A.Prior to recordation of the Golden Leaf Minor Subdivision, the owner/applicant shall guarantee installation of public improvements for water and sewer infrastructure per recommendation of the Town Utilities Department and the Estes Park Sanitation District. This may involve installing the improvements or submitting an improvement agreement, subject to review and approval by Community Development. Owner Mark Adelmann thanked the Commission and the Staff for working with him over the past months. It was moved and seconded (Heiser/Hanson) to recommend that the Town Board approve the Golden Leaf Minor Subdivision with findings and condition of approval recommended by Staff. The motion passed 5-0. DISCUSSION ITEMS 1.Missing Middle Mike Scholl, Ayers Associates At the November 11, 2021, Planning Commission meeting, Staff presented Missing Middle housing types and discussed potential changes to the Zoning Code to facilitate denser development. The discussion was a follow-up to a previous discussion on the Page 11 Planning Commission – March 15, 2022 – Page 2 proposed RM-2 Zoning District. This incentive-based system allows building at higher densities and reduces regulatory burdens such as parking requirements in exchange for some affordable components. While the Planning Commission indicated a general desire to allow for greater densities, it was clear that a more nuanced approach was needed to ensure compatibility with existing residential neighborhoods and the town overall. As a result of the feedback from the Commission, Staff was provided direction to explore the concept of the Missing Middle. The Missing Middle refers to medium- density (gentle density) housing types that can be more easily integrated into single- family residential neighborhoods while providing much-needed housing options. The Planning Commission informally signaled that they would be favorable to considering this approach. Staff will start building online modules to be viewed on EngageEstes.org, followed by a staff workshop to review the existing code and create a draft amendment. Staff will also begin planning community engagement sessions in conjunction with the Comprehensive Plan process to share ideas and gather input. Director Garner noted that this concept is about expanding choices, not dictating terms. It provides variety and options for a framework in the future. 2.CPAW (Community Planning Assistance for Wildfire) Planner II Bergeron This analysis of recommendations provided by the CPAW team is based on their review of the Estes Park Development Code and related documents. The review lens focused solely on strengthening wildfire mitigation and reducing wildfire risk. As such, recommendations should be reviewed and considered with other community priorities and competing interests. The recommendations supplement additional CPAW products and tools to increase understanding, support, and action around community wildfire risk mitigation. Some key recommendations and concurrence for updating the Development Code to reduce wildfire risk are: •Update Zoning Standards •Update the Subdivision Standards •Enhance mapping of Wildfire Hazard Areas •Educational Materials •Enhanced setbacks and consideration of other-dimensional aspects •Fire hazard in campgrounds and short-term rentals Landscaping standards could be one of the urgent Codes to rewrite prior to the Comprehensive Plan adoption. 3.Discussion on Virtual vs. In-Person meetings Discussion included the potential need for police presence and public participation. Commissioners preferred hybrid meetings. 4.Comprehensive Plan Update The Committee had two joint meetings with the Estes Valley Planning Advisory Committee, discussing Community Choices. Policy development is the next step in the Plan rewrite. There being no further business, Chair Comstock adjourned the meeting at 4:05 p.m. Page 12 Planning Commission – March 15, 2022 – Page 3 _______________________________ Matt Comstock, Chair Karin Swanlund, Recording Secretary Page 13 Page 14 Town of Estes Park, Larimer County, Colorado, March 17, 2022 Minutes of a Regular meeting of the PARKS ADVISORY BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 17th day of March, 2022. Board: Chair Elliot; Vice-Chair Poggenpohl; Members Berry, Nelson- Hazelton, Papineau, and Wilcocks Attending: Vice-Chair Poggenpohl; Members Berry, Nelson-Hazelton, Papineau, and Wilcocks; Trustee Cenac; Supervisor Berg; and Recording Secretary McDonald Absent: Chair Elliot Vice-Chair Poggenpohl called the meeting to order at 8:34 a.m. PUBLIC COMMENT None. TRUSTEE LIAISON UPDATES Trustee Cenac reported that the Town Board supports the concept of an Arts Master Plan (AMP) but requires a development cost analysis before considering its inclusion in the 2023 Strategic Plan. Vice-Chair Poggenpohl and Member Wilcocks would present their AMP work later in this meeting. Trustee Cenac also noted the Town Board’s considerations of workforce housing and encouraged voter participation on April 5. APPROVAL OF MINUTES DATED FEBRUARY 17, 2022 It was moved and seconded (Papineau/Nelson-Hazelton) to approve the February 17, 2022, meeting minutes, and the motion passed. Member Berry abstained due to absence from the February meeting. ARBOR DAY DISCUSSION Supervisor Berg presented the Town of Estes Park’s anniversary certificate as a 25-year member of Tree City USA. The 300 trees to be given away on April 30 will be blue spruces purchased from Nebraska City’s Arbor Day Farm. It was agreed that the care specifications for this particular tree be provided to the giveaway customers as a QR code, printed instructions, education on the Parks website page, or a combination of the three resources. Member Nelson-Hazelton offered to create a QR code. Supervisor Berg will draft the care specifications and consult the Town PIO regarding QR code planning and website feature criteria. CONSENT AGENDA ITEMS FOR TOWN BOARD MARCH 8, 2022 Supervisor Berg reported that the Town Board approved the PAB’s Art in Public Places (AIPP) policy updates, which reflected engineering input from Director Muhonen, as well as the applications for 2022 yarn bombing and the Women’s Monument Project sculpture of Eleanor Hondius. Member Wilcocks advised that the Estes Valley Library (EVL) will display the Hondius sculpture inside. To be eligible for outside display, the sculpture’s placement must be approved by the PAB and the Town Board since the Parks department would be responsible for planning and managing its maintenance. 2022 INITIATIVES PLANNING Vice-Chair Poggenpohl and Supervisor Berg, on behalf of Chair Elliot, requested that members review the priorities identified through the PAB 2022 Initiatives planning exercise. Chair Elliot is working on the Tree City USA designation, Arbor Day celebration, and AMP outreach. Member Papineau suggested that the initiative document be revised as follows: Under the Community Environmental/Wetlands Education, edit the bullet item beneath ELSA Invasive Plant Management to “Support ELSA’s development and distribution of the Identification and Management Guide.” ARTS MASTER PLAN UPDATES Page 15 Parks Advisory Board – March 17, 2022 – Page 2 Vice-Chair Poggenpohl and Member Wilcocks explained their continued research into the financial and other components of developing an AMP. They emphasized that an AMP is focused on overall goals but does not presume to set detailed plans for reaching those goals, and that grant applications require a documented AMP exist regardless of whether the document will be reviewed during the process. Grants for AMPs are given to municipalities and typically award $5-15k. The cost range for hiring an outside consultant is $20-60k. Support and enthusiasm for an AMP from all local arts organizations and artists—as well as from the EVL, Visit Estes Park, and Estes Chamber of Commerce—is presently strong enough that the AMP development and future arts activity management could be primarily volunteer-driven. Sample and template AMPs, and the planning approaches of other communities, have been reviewed. Discussion points included the inevitable responsibilities required of Town staff for grant applications and other administrative tasks, even with extensive volunteer involvement; the potentially inefficient use of volunteer time and energy without ongoing guidance from the Town Board about what is and isn’t possible; the benefit of having artists involved in the process without the formation of a formal committee; the history of relations between the Town Board and the arts community; and how an arts program could be marketed and managed. It was agreed that Vice-Chair Poggenpohl and Member Wilcocks would continue their research areas and prepare an initial AMP draft or outline for the PAB to review and discuss at the May 19 meeting, for ultimate submission to the Town Board. PARKS UPDATE Supervisor Berg advised that excavation has begun for the climbing boulder and picnic shelters at the Big Thompson Recreation and Picnic Area. Planning is underway for the placement of plants, signs, and kiosks. The grant for the Thumb Open Space is closed out. June opening is planned for both areas. Several seasonal Parks workers are returning, and high school students are encouraged to apply; Member Nelson-Hazelton will suggest to the soccer team. Mrs. Walsh’s Garden Committee will resume construction projects in 2023 and is planning outreach for programs and garden events. OTHER BUSINESS Vice-Chair Poggenpohl reported that he will prioritize the AMP project before retiring from the PAB in December. He also observed that local wildfire mitigation groups are separately discussing their mitigation efforts. Member Wilcocks reported that he fields many questions about the Town’s use of sales tax funds. There being no further business, Vice-Chair Poggenpohl adjourned the meeting at 9:35 a.m. /s/Lani McDonald, Recording Secretary Page 16 Town of Estes Park, Larimer County, Colorado, March 16, 2022 Minutes of a Regular meeting of the TRANSPORTATION ADVISORY BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 16th day of March, 2022. Board: Chair Morris; Vice-Chair Ekeren; Members Bernal, Finley, Gamble, Hanick, Moulton, Slack, and Street Attending: Chair Morris; Members Finley, Gamble, Hanick, Moulton, Slack, and Street; Managers Hook and Solesbee; Trustee Bangs; and Recording Secretary McDonald. Also attending were Presenters Matt Eisenberg (The Car Park), Mark Igel (The Taffy Shop), and Jamie Palmesano (Brownfield’s); and Public Attendees Donna Carlson (Estes Chamber of Commerce), Rebecca Gelsinger (Visit Estes Park), and Stephen Phillips (The Car Park) Absent: Vice-Chair Ekeren; Member Bernal; Director Muhonen Chair Morris called the meeting to order at 12:04 p.m. PUBLIC COMMENT None. TRUSTEE LIAISON UPDATE Trustee Bangs reported no new updates, but confirmed that her seat on the Town Board of Trustees is open for the April 5 election. APPROVAL OF MINUTES DATED FEBRUARY 16, 2022 It was moved and seconded (Slack/Street) to approve the February 16, 2022, meeting minutes with minor amendments, and the motion passed unanimously. DOWNTOWN BUSINESS OWNERS ON PARKING DOWNTOWN Chair Morris and Manager Solesbee introduced Mark Igel (owner, The Taffy Shop) and Jamie Palmesano (manager, Brownfield’s), who also recently presented their perspectives on downtown parking to the Downtown Parking Task Force (DPTF). Presentation points included the presenters’ brief personal histories and professional journeys as operators of businesses in downtown Estes Park; their sense of stewardship and privilege to speak on behalf of their customers and all loyal visitors; the importance of respecting the overall demographics and behavior of visitors and residents as it relates to parking needs; and maintaining an environment of friendly, unified service. Discussion points focused on the purpose of paid parking funds; how to adapt parking policies that invite a sense of ownership and community; improvements to signage, education, and other communications about parking choices downtown; how to balance the paid parking program’s ultimate purpose and goals with the overall resources of the average visitor and those who require accommodations; the impact of COVID-19 on trolley and shuttle use; and the visual impression made when parking policies are being enforced. It was agreed that paid parking is expected in most communities, but that the unique, magical qualities of Estes Park, and the stress of the global pandemic on all people since 2020, should be factors in all discussions regarding parking policies and implementation. Manager Solesbee advised that ongoing, open conversation among all stakeholders will help ensure that incremental changes can be made and meaningful compromises can be reached. ENGINEERING & ADMINISTRATION UPDATES On behalf of Director Muhonen, Manager Hook advised that additional funding of $1.26 million has been secured for the Community Drive & Highway 36 Roundabout. Revitalizing Main Streets (RMS) grant funds for the multimodal trail along Community Drive remains under review by CDOT. The final design has been restarted with the intent Page 17 Transportation Advisory Board – March 16, 2022 – Page 2 to acquire a summer bid and commence construction in the fall. The RMS grant for Stanley Park is still being reviewed by CDOT. Applications for the Multimodal Transportation and Mitigation Options Fund (MMOF) are due in June for a September decision. Public Works recommends that the Town apply for two applications: $200k for the Multimodal Transportation Plan, and $2 million to construct another phase of the Fall River Trail; if awarded, both projects could see work in 2023. To keep the meeting on schedule, it was agreed that Manager Hook reserve the Fall River Trail Extension plan for presentation at a special TAB meeting to be coordinated and held the week of March 21. PARKING & TRANSIT UPDATES Manager Solesbee introduced Presenter Eisenberg to walk through the 2022 Paid Parking Program updates. The presentation commenced with a summary list of program priorities generated by feedback from the 2021 season and refined during winter meetings with individual stakeholders and the DPTF, and segued into specific recommendations for 2022. Discussion points focused on the feasibility of managing a first-hour-free policy, the expansion of parking permit options, and the adjustment of paid parking daily hours. Next steps include clearly defining the use of parking revenues; collaborating with the Estes Chamber of Commerce and Visit Estes Park to improve communications and education regarding downtown parking; program enforcement strategies; public-private partnership opportunities; and improving the overall service and parking experience for downtown visitors and employees. Public Works will present to the Town Board an amendment regarding operational hours, bulk permit discounts, and setting rates for the Multi-Day Pass. The presentation and new signage files would be provided to TAB members following the meeting. Further feedback on these items is invited in preparation for the April 12 Town Board Study Session. DISCUSSION: 2023 TAB INTERESTS & PLANNING To keep the meeting on schedule, Chair Morris did not introduce discussion on this topic. OTHER BUSINESS It was agreed that a Doodle Poll be conducted to coordinate the TAB special meeting on the Fall River Trail Extension plans. Manager Solesbee thanked outgoing Members Street and Moulton for their service on the TAB. She also thanked The Car Park’s Matt Eisenberg and Bekah Gatchel, who are leaving for new professional opportunities. There being no further business, Chair Morris adjourned the meeting at 2:07pm. /s/Lani McDonald, Recording Secretary Page 18 Town of Estes Park, Larimer County, Colorado, March 24, 2022 Minutes of a Special meeting of the TRANSPORTATION ADVISORY BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 24th day of March, 2022. Board: Chair Morris; Vice-Chair Ekeren; Members Bernal, Finley, Gamble, Hanick, and Slack Attending: Chair Morris; Vice-Chair Ekeren; Members Finley, Gamble, and Slack; Managers Barr and Hook; and Recording Secretary McDonald Absent: Member Bernal, Member Hanick Chair Morris called the meeting to order at 2:02 p.m. PUBLIC COMMENT None. PRESENTATION OF THE FALL RIVER TRAIL EXTENSION PLANS Manager Barr presented select pages of the 90 percent design plans for the Fall River Trail Extension project, with Manager Hook co-facilitating. This phase of the project includes a one-half mile section of the trail beginning at the trail ends barricade along Fall River Road near Sleepy Hollow Court. The trail will be on the south side of Fall River Road within CDOT right of way. The construction timeline is planned to coincide with the Rocky Mountain National Park (RMNP) Rehabilitation of the Fall River Entrance Station, which will be limiting and discouraging visitor use of the Fall River Entrance from approximately July 2022 through spring 2023. Presentation points included the details and measurements of the trail and retaining walls, particularly near the Fall River; use of guard rail or bridge rail and pedestrian railing on certain sections; placement of benches and bike racks; bus pull-off areas; ROW factors; and strategies for maintenance tasks such as snow removal. The 100 percent design plans are expected within a few weeks, and staff is currently pursuing new grant opportunities. Bid amounts will impact certain aspects of the plans, and limits of construction. Manager Hook advised that the complete plans are available upon request. OTHER BUSINESS None. There being no further business, Chair Morris adjourned the meeting at 2:29pm. /s/Lani McDonald, Recording Secretary Page 19 Page 20 PUBLIC WORKS DEPT Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Brian Berg, Parks Supervisor Greg Muhonen, Public Works Director Date: May 10, 2022 RE: Deaccessioning of AIPP Art Donation (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION X OTHER______________ QUASI-JUDICIAL YES X NO Objective: Deaccessioning the bronze sculpture of “Eleanor Hondius with a Bike” from the Town’s artwork inventory and donating it to the Estes Valley Library (EVL) for display. Present Situation: This sculpture was purchased by the Women’s Monument Committee from an artist entry to the Women’s Monument Project, and donated to the Town in March 2022. The artwork, by runner-up artists Sutton Betti and Daniel Glanz, is a miniature mockup that measures approximately 18 inches tall and is situated on a base measuring 3 x 3 inches. The Town would like to donate the sculpture to the EVL for public display and enjoyment, but the library’s display rules state that it must own any piece of art it places for display. The citizen Parks Advisory Board supports the deaccessioning of this art from the Town’s collection and donating it to the EVL. Proposal: Currently the sculpture is in storage at the EVL, which has committed to taking ownership and displaying the sculpture. Advantages: •Adding this sculpture to the EVL artwork collection will allow it to be displayed for the public to enjoy. Disadvantages: •The Town will no longer have ownership of this piece of art. Page 21 Action Recommended: Public Works staff recommend deaccessioning this piece of art and donating it to the Estes Valley Library. Finance/Resource Impact: Budget Impact: No budget impact. Level of Public Interest Low Sample Motion: I move for the approval/denial of the deaccessioning of the bronze sculpture of “Eleanor Hondius with a Bike” and donating it to the Estes Valley Library. Attachments: 1.Art in Public Places (AIPP) Guidelines, De-accessioning a Work of Art, Pages 18- 20 Page 22 D.Provide a copy of the artist's resume or biography; information about the artist's significance; and digital images showing a sampling of the artist's work. E.Provide information about the artwork's provenance, exhibition history, and a current estimate of value. Include a letter of authenticity from the artist, if possible. F.Provide a conservation assessment describing the condition of the work of art, along with a maintenance plan. The plan should include an explanation of the expected life span of the work of art while placed in a public environment, stipulating the type of environment (interior/exterior) in which the work of art may be placed. The plan should also discuss whether the work of art may be prone to vandalism and how the effects of any vandalism may be mitigated; it should be authored by a qualified conservator or the artist. G.The P AB may request additional information. H.The P AB is unlikely to consider any donation that requires immediate or extensive maintenance. Review Considerations In reviewing a potential donation, the P AB typically considers the information requested above, as well as aesthetic quality (including craftsmanship), compatibility with the Town's existing public art collection, and budget (i.e., maintenance requirements and installation costs). The PAB may also consider other factors contained in its acquisition guidelines. Public Disclosure Information about regular P AB meeting dates, rooms and times may be obtained by contacting the Town Clerk. Special meetings may be called from time-to-time as needed. Information regarding PAB meetings is posted in Town Hall and meetings, in accordance with Town regulations, are open to the public. Notices about PAB agendas and minutes are provided to the Trail Gazette and Estes Park News newspapers to facilitate public input. Generally, a legal notice, including a photograph of a proposed work of art donation or acquisition is placed in the newspaper to allow citizen comment. Feedback received shall be provided to the PAB prior to the second and final reading at a Town Board meeting regarding the proposed installation. Under special circumstances, the second reading may be waived. DE-ACCESSIONING A WORK OF ART De-accessioning is a procedure for withdrawing a work of art from the Town of Estes Park's public collection. The PAB is responsible for recommending to the Town Board whether any Page 18 Attachment 1 Page 23 piece(s) should be de-accessioned. De-accessioning occurs only for good reason, in the PAB's discretion. Basis for De-Accessioning The P AB may de-accession an artwork for one or more or the following reasons. A.The work of art endangers public safety. B.The work of art has been determined to be in unsatisfactory condition. C.The work of art lacks a suitable display site. D.The condition or security of the work of art cannot be reasonably guaranteed where located. E.The work of art is attached to a structure slated for destruction, remodeling or repair (so that it is not practical to keep it). F.The work of art is or has become incompatible with the rest of the collection. G.The Town wishes to replace the work of art with a piece of more significance by the same artist. H.The work of art requires excessive maintenance or it has faults of design or workmanship. I.The work of art is found to be fraudulent or not authentic. J.The Town cannot properly care for or store the work of art. K.For any other reason articulated by the PAB, in its discretion. Process/Disposition The PAB will review the works of art in the Town's collection at least once every five years to determine whether any piece(s) should be de-accessioned. In addition, the Town reserves the right to de-accession a work of art at any time deemed appropriate by the P AB. De-accessioning may only be considered during a monthly or a special meeting of the P AB. A majority of P AB members in a quorum must approve de-accessioning for two consecutive votes. After the first vote, a public announcement of the plan to de-accession must be made to permit public input prior to the second vote. Following the second vote, and upon approval of the Town Board, the work of art shall be officially de-accessioned from the Town collection. The P AB may consider the following options for disposition of a de-accessioned artwork. ----------------Page 19 Page 24 A.Return to the artist; B.Sale or trade; C.Destruction ( which shall be reserved for works deteriorated or damaged beyond reasonably-priced repair); D.Donation; or E.Any option deemed appropriate by the P AB. MAINTENANCE GUIDELINES FOR WORKS OF ART The goal of the AIPP Maintenance Policy is to properly maintain the Town's collection of publicly owned works of art to ensure Estes Park citizens' long-term enjoyment of the collection. The AIPP Maintenance guidelines spell out the documentation, preservation, and maintenance processes that will support that goal. The AIPP Maintenance guidelines will be implemented on a piec e-specific basis that recognizes the value of each work of art in the collection. Process A.Documentation. Initial documentation will be provided at the time an artist/donor submits a work of art for consideration, prior to a piece being accepted into the Town collection. A standardized form, comple ted by the artist/donor, will be used for this purpose. The PAB, appropriate Town departments (Public Works Parks Division and/or Light & Power Division), outside contractors, service people and experts may be asked to review this documentation. Documentation will reside in the records of the curatorial support services provider and their representative to the P AB will be responsible for creating, keeping and periodically updating the documentation. The P AB will use the projected cost of maintenance as one consideration in its final determination of acceptance and placement. Although documentation and mainte nance recommendations alone will not be used to specifically exclude artwork from the Town collection, the recommendation may play a role in that final determination. The AIPP reserve fund may be used to pay for acquiring critical, missing documentation not obtained at the time of acquisition of a work of art. B.Maintenance documentation. When a work of art is accepted into the Town collection, minimum, "benchmark" level maintenance and a maintenance schedule will be established for it. The documentation will include a standard for regular maintenance ----------------Page20 Page 25 Page 26 EVENTS & VISITOR SERVICES Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Rob Hinkle, Events and Visitor Services Director Date: April 26, 2022 RE: Resolution 36-22 Amendment to Memorandum of Understanding with Estes Park Western Heritage, Inc. (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Approval of a small change in Memorandum of Understanding (MOU) between the Town of Estes Park and Estes Park Western Heritage, Inc. to operate the Rooftop Rodeo. The change clarifies that the reporting required in Section 1.13 will include an in-person report from the Chair, Treasurer and CPA/bookkeeper. Present Situation: No current problems or barriers. Proposal: A small change in the MOU. The change clarifies that the reporting required in Section 1.13 will include an in-person report from the Chair, Treasurer and CPA/bookkeeper Advantages: To have everyone present who works directly with the financials of Estes Park Western Heritage, Inc. Disadvantages: None Action Recommended: Approval of the MOU between the Town of Estes Park and Estes Park Western Heritage, Inc. Finance/Resource Impact: None Page 27 Level of Public Interest Low Level of Interest Sample Motion: I move for the approval of Resolution 36-22 Attachments: 1.Resolution 36-22 2.Memorandum of Understanding Regarding Management of the Estes Park Rodeo Page 28 RESOLUTION 36-22 APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF ESTES PARK AND ESTES PARK WESTERN HERITAGE INC. REGARDING MANAGEMENT OF THE ESTES PARK RODEO WHEREAS, the Town Board approved by resolution a memorandum of understanding referenced in the title of this resolution on October 12, 2021; and WHEREAS, the parties wish to revise Estes Park Western Heritage’s annual reporting requirements in section 1.13; and WHEREAS, the Town Board wishes to update this agreement for the for the purpose of continued operation and management of the Estes Park Rooftop Rodeo. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves, and authorizes the Mayor to sign, the memorandum of understanding referenced in the title of this resolution in substantially the form now before the Board. DATED this day of , 2022. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 Page 29 MEMORANDUM OF UNDERSTANDING REGARDING MANAGEMENT OF THE ESTES PARK RODEO This Memorandum of Understanding Regarding Management of the Estes Park Rodeo (“Agreement”) is made and entered into by and between THE TOWN OF ESTES PARK (“Town”), a Colorado municipal corporation, and ESTES PARK WESTERN HERITAGE, Inc. (“WH”), a Colorado non-profit corporation. RECITALS A.The mission of the Town is to provide reliable, high-value services for the benefit of its citizens, visitors, and employees, while being good stewards of public resources and its natural setting. B.The mission of WH is to promote the western culture and preserve the western heritage of the Estes Valley by producing and supporting activities for the education and enjoyment of its residents and visitors. C.Each year, the Town produces a rodeo (“Rodeo”), sanctioned by the Professional Rodeo Cowboys Association (PRCA), known as Estes Park Rodeo as well as the Rooftop Rodeo and registered as PRCA rodeo 316. D.The Town and WH desire for WH to assist the Town in management of the Rodeo. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as follows: SECTION 1. DUTIES AND RESPONSIBILITIES OF THE TOWN OF ESTES PARK 1.01 The Town shall maintain and operate the physical facility known as the Town of Estes Park Events Complex at Stanley Park (“Facility”). 1.02 The Town shall provide the following support for WH: a.Use of an office and office support, and supplies as specific to Rodeo; and b. Funding for an annual appreciation and awards event for volunteers of the Rodeo. 1.03 The Town shall have financial and management responsibility for the following elements of the Rodeo: a.The Rodeo itself; b. Rodeo Pre-Show; Attachment 2 Page 30 c.Supporting WH in scoreboard set up and teardown; d. Providing an ambulance service; e.Providing police security as needed; f.Providing a veterinarian; g. Providing contestant purse money, as approved by Town Board, required by PRCA to host the Rodeo; h. Paying for all contract personnel and their lodging needed to produce the Rodeo in accordance with its agreement with the stock contractor, except as noted in section 2.09; and i.Marketing and advertising to the general public. 1.04 The Town shall be responsible for negotiating contracts, with the exception of sponsorship agreements, for the Rodeo. The Town shall consult with WH prior to choosing a stock contractor(s). This consultation is to allow both parties to understand the stock contractor’s needs for the Rodeo, and allow the parties to determine how those needs fit within their individual scope of duties. The Town shall select the contractor pursuant to its contracting policies. 1.05 The Town shall maintain ownership of the Rodeo. a.WH will hold the PRCA committee membership position starting in 2016 and will pay PRCA dues and application fee currently totaling $1,300. b. The Town owns the Rooftop Rodeo Parade and will pay for its associated insurance requirements. WH will help plan and produce the Parade. 1.06 The Town shall receive the following revenues: a.Ticket sales (not to include Behind the Chutes Tours); b.Vendor fees; and c.Convenience fees from internet sales of Rodeo admission tickets. 1.07 The Town reserves the right to utilize WH equipment, except for exempt items as described in the Attachment hereto. Exempt items will be determined by WH. If any equipment item is damaged by the Town, it shall be repaired or replaced by the Town. 1.08 The Town Events and Visitor Services Director (Director) and the WH Board will meet annually in concert with the Town’s budgeting process to identify WH and Town needs. Unanticipated expenditures will be reviewed on a case-by-case basis. 1.09 Two delegates of the Town shall be ex officio members of WH and may participate in membership and board meetings of WH: the Director, and a Town Board member designated by the Town Board as the Town Board Liaison to WH. 1.10 The Town shall be the owner of items and capital improvement projects funded through its budget. Page 31 1.11 The Director shall outline capital improvement projects and other appropriate needs of financial assistance from the WH Board. Capital improvement projects shall be defined as projects with a value over $5,000 and over 1 year of useful life. The majority of funding requests by the Director to WH will be made once a year. The Town is responsible for any related project management. 1.12 All duties and responsibilities of the Town set forth in this Agreement are subject to the budgetary process of the Town including appropriations of sufficient funds to perform the duties and responsibilities set forth herein and the administration of the Facility by the Town Administrator or their designee. 1.13 The Town shall have the right to review WH documents and financial records promptly upon request. WH shall prepare minutes of its meetings, as required by law, and shall transmit them to the Town promptly upon request. By December 1 of each year, WH shall also submit a detailed annual report to the Town on WH’s finances, documenting in particular, with supporting narrative in person from the Chair, Treasurer, and CPA/Bookkeeper, as well as in writing, (a) WH’s certification that all WH’s financial records are accurate, (b) that all bookkeeping conforms to generally accepted accounting standards, and (c) that WH has complied fully with all its bylaws; and noting any deviations. 1.14 All sponsorship agreements must be approved in writing by the Town prior to execution by WH to assure all PRCA policies for sponsorships are followed and to verify the Town is not being committed to exclusive or long-term agreements or agreements not appropriate for the Town. WH shall promptly send a copy of all such executed agreements to the Director. 1.15 The Town shall supply all event tickets needed for sponsorships at no charge to WH. Any such sponsorship tickets must be approved by the Town in writing. WH shall supply all other items and benefits included in sponsorship packages at no cost to the Town. SECTION 2. DUTIES AND RESPONSIBLITIES OF WH 2.01 WH seeks to further its mission and the mission of the Town by providing funds for capital improvements, including maintenance of such improvements as appropriate, and other appropriate needs of the Facility. For projects it funds, WH shall participate in front-end planning which may include determining the objective, defining the project and identifying funding sources. 2.02 WH shall participate with the Events and Visitor Services staff in strategic planning for the Facility. 2.03 WH shall be financially responsible for sponsoring and producing the following events associated with the Rodeo: a.Specialty Nights at Rodeo; Page 32 b. Mutton Bustin’; c.Hospitality Tent (including equipment); d. Behind the Chutes Tours; and e. Calf Catch. WH shall obtain all required permits and licenses arising from its responsibilities, including but not limited to Special Events Permits and a Special Events Liquor License for the sale of alcohol. All volunteers at these events associated with the Rodeo must be under the direction, supervision, and control of the Town and its employees. 2.04 All events conducted by WH at the Facility must be approved by the Town. 2.05 WH shall provide the following financial support for the Rodeo: a.Full contracting responsibilities and payment to rodeo announcer Andy Seiler. b. Behind the Chutes Tours; responsible for all related expenses. c.Rental of the scoreboard. d. Assistance with funding of equipment related to Rodeo (both anticipated and unanticipated costs). e.Development and production of rack cards and posters. f.Radios, safety vests, and other equipment that may be needed by WH volunteer security team. The role of the team is to primarily staff the various gate entries into the east side of the Facility. WH will engage security to ensure that only PRCA card holders are allowed through back gate (off Community Drive), and that no members of the general public or ticket holders are allowed entry through the east Midway gate. 2.06 WH shall be responsible for providing the following documents to the Town when requested: a.Exempt equipment list; b.A list of all events; and c.Sponsorship agreements with all sponsors. 2.07 WH shall be responsible for and fund the Royalty Program: a. WH shall create and maintain a Royalty Handbook which covers all duties, responsibilities, policies and procedures of the Royalty Program. b. Town will provide the use of Facility for Royalty functions including the annual Royalty Clinic and Tryouts. 2.08 WH shall be entitled to collect all of the following Rodeo-generated revenues: a. Merchandise sales; b. Sponsorships; c.Behind the Chute Tours; and d.Alcohol beverage sales. Page 33 2.09 WH shall be responsible to seek lodging for the following individuals during rodeo week as necessary: stock contractor staff, announcer, scoreboard operator, stock contractor, veterinarian, PRCA judges, PRCA photographer, and other contract personnel as required. WH will endeavor to fund this lodging through sponsorships. In the event that WH cannot secure funding for the lodging, the Town will pay for the lodging. 2.10 WH shall assist in preparing the Facility for the Rodeo as requested and directed by the Town or its representative. This includes, but is not limited to, arena preparation (except for the actual ground/arena material), and setup and tear-down of the chutes, fence, pens, hospitality area, arena signs and scoreboard. 2.11 WH shall be responsible for its website and all material thereon, including any other form of electronic or social media, advertising, or other written material produced on behalf of or by WH. Due to the fact that WH is primarily associated with the Town and uses Town facilities, WH agrees that the Town shall be entitled to request removal of any inappropriate or misrepresentative content from its website, social media, or any other printed material involving the Town, the Rodeo, or any other Town sponsored and supervised events. WH shall remove all such material upon request by the Town. The Town hereby disclaims any responsibility for or ownership of the WH website, social media content, or other material produced by or on behalf of WH. 2.12 WH shall be responsible for providing copies of the Town’s adopted Volunteer Manual to all of its volunteers and reviewing the Volunteer Manual with all of its volunteers at least once each year. WH agrees that its volunteers shall follow the requirements and obligations of the Town’s adopted Volunteer Manual when volunteering for all Town sponsored and supervised events as listed in this Agreement. 2.13 WH will not engage in any activity that competes with the Estes Park Rodeo. SECTION 3. TERM OF AGREEMENT 3.01 This Agreement shall commence on its effective date, and will be reviewed on an annual basis by both parties. This Agreement shall continue in effect for each ensuing year unless terminated by either of the parties in accordance with Section 4 below. SECTION 4. TERMINATION 4.01 Either party may terminate this Agreement by providing written notice to the other party on or before February 1 of any year with the termination to be effective on such February 1. SECTION 5. INVALID PROVISION 5.01 Should any part of this Agreement be declared invalid by a court of law, such Page 34 decision shall not affect the validity of any remaining portion which shall remain in full force and effect as if the invalid portion was never a part of this Agreement when it was executed. Should the severance of any part of this Agreement materially affect any other rights or obligations of the parties hereunder, the parties hereto will negotiate in good faith to amend this Agreement in a manner satisfactory to the parties. Failing agreement on such amendment, either party may by notice in writing terminate this Agreement under the provisions of this Agreement relating to termination. SECTION 6. INSURANCE AND LIABILITY 6.01 (a) The Town shall provide its Volunteer Accident Medical Plan coverage to WH members when they are volunteers of the Town at the Rodeo, and are actually under the immediate and direct care, custody, control, supervision, and direction of Town employees. To be included in this coverage, volunteers must also, prior to the beginning of the individual’s volunteer activity, be included on a roster of volunteers that WH provides to the Town and must have provided the Town a complete registration form, including any liability waiver or release required by the Town, in the form and manner required by the Town. This coverage shall not extend beyond the days the Rodeo itself is underway as well as the two days immediately preceding the Rodeo, when volunteers are needed for preparation. WH must not allow any individual to volunteer at the Rodeo who does not meet these qualifications for the Town’s Volunteer Accident Medical Plan coverage. (b) WH understands and agrees that all other events are WH events. These include, but are not limited to, PBR and the Barrel Racing Series. WH shall provide its own medical insurance to its officers, contractors, employees, and volunteers for such other events. WH’s volunteers are not volunteers of the Town for these events. (c) Except as covered by the Town-provided medical plan as described above, WH shall indemnify and save harmless the Town, and its agents and employees, from any damages or claims by WH’s officers, contractors, employees, and volunteers (including any individuals it allows to volunteer at the Rodeo), arising out of or relating to WH’s activities under this Agreement, and is solely responsible for all such liability. For all WH events using Town facilities, WH agrees to insure said events to the satisfaction of the Town and to provide Certificates of Insurance to the Town prior to the events pursuant to Town policies. WH shall also provide proof of Directors and Officers liability coverage promptly upon request. SECTION 7. INDEMNIFICATION 7.01 WH agrees to indemnify and hold harmless the Town from any claims, loss, damage and/or injury caused or allegedly caused by the negligent act or omission of WH its volunteers, employees, members, officers, contractors, or agents. Said indemnification shall include all reasonable attorney’s fees and costs incurred by the Town resulting Page 35 from said claim, loss or damage. SECTION 8. COLORADO GOVERNMENTAL IMMUNITY ACT 8.01 The parties hereto understand and agree that the Town and its officers, employees, volunteers, and agents are relying on, and do 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, C.R.S. 24- 10-101 et seq., as from time-to-time amended, or otherwise available by any other provision of law. SECTION 9. GENERAL PROVISIONS 9.01 Assignment. Neither party to the Agreement shall, directly or indirectly, assign or purport to assign this Agreement or any of its rights or obligations in whole or in part to any third party without the prior written consent of the other party. 9.02 No Waiver. The failure of either party to enforce at any time any of the provisions or rights, or to exercise any elections provided, shall in no way be considered to be a waiver of such provisions, rights or elections or in any way affect the validity of the Agreement. The failure to exercise by either party any of its rights herein or any of its elections under the terms or conditions herein contained shall not preclude or prejudice it from exercising the same or any other right it may have under this Agreement, irrespective of any previous action or proceeding taken by it hereunder. 9.03 Complete Agreement. This Agreement is the complete Agreement of the parties; may be amended or modified only in writing; and supersedes, cancels and terminates any and all prior agreements or understandings of the parties, whether written or oral, concerning the subject matter hereof. 9.04 Choice of Law. This Agreement shall be governed by and construed and interpreted according to the laws of the State of Colorado. It shall be binding upon and inure to the benefit of the successors of the Town and WH. 9.05 Counterparts. This agreement may be executed and delivered (including by facsimile or email transmission) in one or more counterparts, all of which shall be considered one and the same agreement and shall become effective when one or more counterparts have been signed by each of the parties and delivered to the other parties, it being understood that all parties need not sign the same counterpart. 9.06 Effective Date. This agreement is effective upon all parties hereto executing the same. 9.07 Notice. When any of the parties desire to give notice to the other, such notice must be in writing sent by US Mail, postage prepaid, addressed to the party for whom it is intended at the place last specified; the place for giving notice shall remain such until Page 36 it is changed by written notice in compliance with the provisions of the paragraph. For the present, the parties designate the following as the respective places for giving notices: To WH: ESTES PARK WESTERN HERITAGE, INC. P.O. Box 1852 Estes Park, Colorado 80517 To Town: TOWN OF ESTES PARK P.O. Box 1200 Estes Park, Colorado 80517 Attn: Town Administrator SECTION 10. AUTHORITY 10.01 Each person signing this Agreement on behalf of either party individually warrants that they have full legal power to execute this agreement on behalf of the party for whom they are signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement this day of , 2022. Signature page to follow. Page 37 ESTES PARK WESTERN HERITAGE, INC. By Mark Purdy Chairman of the Board Date: TOWN OF ESTES PARK By: Wendy Koenig Mayor Date: ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Page 38 Attachment Items WH owns that would not be available to Town are items that are used for the rodeo hospitality tent. These items consist of item used to store, serve and prepare food. Examples would be coolers, utensils, tables, serving pans, freezer, and other associated items. Two boxes of six seats –Box 43 and 45 - will be reserved for VIPs, visiting rodeo committees, Town management, etc. The Town controls these tickets and may assign these seats without charge. WH may request assignment to specified individuals. Page 39 Page 40 PUBLIC WORKS Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Greg Muhonen, Public Works Director Date: May 10, 2022 RE: Resolution 37-22 Contract for US 36 and Community Drive Roundabout with Cornerstone Engineering and Surveying, $167,984 - Budgeted (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Public Works staff is requesting the Town Board approve this contract with Cornerstone Engineering and Surveying, Inc. (“Cornerstone”) for continued work on the US 36 and Community Drive Roundabout project. Present Situation: This project has been on hold due to a shortfall in construction funding. Additional funding has been promised from CDOT. Cornerstone has nearly completed the design and engineering for the roundabout and staff would like to retain Cornerstone to complete the bid documents and provide construction observation & reporting services. The prior contract with Cornerstone expired December 31, 2021, and Attorney Kramer advised staff to produce a new contact for the continued work on this project. This new contract was approved by the Town Board in February 2022. The consultant declined to accept the new contract terms, and the attached revised contract was negotiated. Proposal: Staff proposes approval of this professional services contract with Cornerstone for the roundabout project. This new contract reflects an increase in cost of future construction observation and reporting services previously estimated in 2018. Advantages: •Approving this contract will ensure continuity and expedient progress toward bidding and building this project which is now fully funded. Page 41 •Continuing work with Cornerstone provides project efficiency because of their past work, knowledge, and experience on this project. Disadvantages: •Allowing this contract to expire reopened negotiations on contract terms and costs; however, retaining the original design team yields the benefits described above. •Construction work brings temporary disruption to roadway users; however, the proposed improvements will improve the safety and convenience for thousands of motorists who use this intersection each day. Action Recommended: Staff recommends approving Resolution 37-22. Finance/Resource Impact: Budget account number: 204-5400-544.35-51 Fund name: Streets, COMMDR Project name: US Highway 36 and Community Drive Roundabout Contract amount: $30,409 for design completion and $137,575 for construction management 2021 Amended Project Budget will be carried over to 2022 Future impacts. •A maintenance agreement may be needed with CDOT. The Town’s maintenance responsibility includes: landscaping and irrigating the central island and area surrounding the roundabout; railing over the underpass; underpass structural elements, and all infrastructure elements on Community Drive. Level of Public Interest Interest in this contract is low. Interest in the project is moderate for the school, Events Complex, and fairground users. Sample Motion: I move to approve/deny Resolution 37-22. Attachments: 1.Resolution 37-22 2.Contract 3.Statement of Work 4.Prior Contract executed February 28, 2018, includes Change Orders 1-4 Page 42 RESOLUTION 37-22 APPROVING A PROFESSIONAL SERVICES CONTRACT WITH CORNERSTONE ENGINEERING AND SURVEYING, INC. FOR THE US 36 AND COMMUNITY DRIVE ROUNDABOUT WHEREAS, the Town of Estes Park entered into a Contract with Cornerstone Engineering and Surveying, Inc. on February 28, 2018 for design, engineering and construction management services for the US 36 and Community Drive Roundabout project; and WHEREAS, project implementation has been delayed due to lack of funding, leading to that Contract expiring on December 31, 2021; and WHEREAS, the Town Board desires to enter into a new Contract with Cornerstone Engineering and Surveying, Inc. to retain their services in order to continue the work for the project in the event that funding is obtained. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves, and authorizes the Mayor to sign, the professional services contract referenced in the title of this resolution in substantially the form now before the Board. DATED this day of , 2022. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 Page 43 _______,g,____� - TOWN OF ESTES P.AR.K_ PROFESSIONAL SERVICES CONTRACT Design, Engineering and Construction Phase Observation and Reporting for US 36 and Community Drive Roundabout The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and Cornerstone Engineering and Surveying, Inc. (Consultant), a Colorado Corporation, whose address is 1692 Big Thompson A venue, Suite 200, Estes Park, Colorado 80517, make this Contract this _____ day of _________ , 2022, at the Town of Estes Park, Colorado, considering the following facts and circumstances: 1 RECITALS: 1.1 Whereas, Town has previously contracted with Consultant on February 28, 2018 ("Prior Contract") following a competitive bidding process to provide services outlined in its Proposal for a traffic calming project at the intersection of Community Drive and US 36; and 1.2 Whereas, the Town and Consultant extended that Prior Contract until December 31, 2021 through change orders, due to project delays attributed to lack of funding; and 1.3 Whereas, the scope of this project has expanded through change orders to include additional design, engineering and construction phase observation and reporting services for the construction of a roundabout at the US 36/ Community Drive intersection; and 1.4 Whereas, Town desires to use the Services of Consultant outlined in the Explanation of Statement of Work, Consultant's Proposal, the Prior Contract and subsequent change orders; and 1.5 Consultant has agreed to provide these Services, on the terms and conditions stated in this Contract. 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 amendments executed after execution of this Contract, are: 2.1 This Contract; Attachment 2 Page 44 2.2 Notice to Proceed; 2.3 Explanation of Statement of Work, containing 1 page, dated May 2, 2022; 2.4 Change Orders 1 - 4 from the Prior Contract; 2.5 Professional Services Contract with Cornerstone Engineering and Surveying, Inc., dated February 28, 2018 (Prior Contract); 2.6 The following Addenda, if any: Number Date Page(s) 2. 7 The following Special Conditions of the Contract, if any: Document Title Page(s) 2.8 Request for Proposals, containing 23 pages, dated January 15, 2018; 2.9 Consultant's Proposal, containing 50 pages, dated February 1, 2018; and 2.10 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 after May 15, 2022 and receiving Town's notice to proceed. Consultant shall timely perform its Services, as directed by the Town. 5 PRICE: The Town will pay Consultant for the performance of this Contract, not to exceed $30,409.00, as the Price for the completion of the Design Documents and Construction Bidding Services performed as stipulated in the Contract Documents. Construction Phase Observation and Reporting is $137,575.00 per the attached cost breakdown. This Contract does not create 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 Contract are contingent upon appropriation, budgeting, and availability of specific funds to discharge such obligations. 6 TIME OF PAYMENTS TO CONSULTANT: The Consultant shall bill its charges to the 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 Services since the previous bill, a brief description of the Services provided by each such employee, and an itemization of direct expenses. The Town will pay each such bill which it finds to be in accordance with this Contract within forty-five days of its receipt. If Town questions any part of a bill, finds any part of a bill does not conform to this Contract, or claims the right to withhold payment of any part of a bill, it will promptly notify Consultant of the question, nonconformity or Town of Estes Park Professional Services Contract --Page 2 of 14 Page 45 reasons for withholding, that sufficiently specifies and explains issues to allow the Consultant to fully understand the reasons the Town is withholding payment. 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 Contract. Notwithstanding any other terms of this Contract, 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 Contract or any of the Contract Documents. 7.3 Any part of such payment is attributable to Services not conforming to this Contract. (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 Contract. 8 CONSULTANT'S DUTIES: 8.1 Town enters into this Contract 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 Contract. 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, all to the extent consistent with the applicable professional standard of care. No warranty or guarantee is included or intended in this Agreement or instruments of its services. 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. 8.3 Consultant's Services under this Contract shall be of at least the standard and quality prevailing among recognized professionals of knowledge and skill engaged in the Consultant's same profession under the same or similar circumstances, to the extent consistent with the applicable professional standard of care. 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 Contract to the extent consistent with the applicable professional standard of care. Town approval of defective drawings or other work shall not Town of Estes Park Professional Services Contract --Page 3 of 14 Page 46 diminish or release Consultant's duties, since Town ultimately relies upon Consultant's skill and knowledge. 8.5 Consultant will 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. The Consultant is, however, entitled to rely on the accuracy of information supplied to Consultant by or through the Town. 8.6 Consultant shall attend such meetings on the work as the Town requests. Town will give reasonable notice of any such meetings, so Consultant may attend. 8. 7 As applicable state and federal laws may require, Consultant will assign only persons duly licensed and registered to do work under this Contract. 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 the Consultant on the Town's requirements in a timely manner. 9.2 Town will assist the Consultant by providing such pertinent information available to Town, including maps, studies, reports, tests, surveys and other data, as Consultant specifically requests. The Consultant is entitled to rely on the accuracy of the pertinent information supplied by or through the Town to the Consultant. 9.3 Town will examine all tests, reports, drawings, specifications, maps, plans and other documents presented by the Consultant to Town for decisions. Town will obtain the advice 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 the Town's policies and decisions on the 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. Town of Estes Park Professional Services Contract --Page 4 of 14 Page 47 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 The Consultant will keep record copies of all work product items delivered to the Town for a period of three (3) years. 11 OWNERSHIP OF DOCUMENTS AND OTHER MATERIALS: All drawings, specifications, computations, sketches, test data, survey results, renderings, models, and other materials as identified to the Services of Consultant or Consultant's subconsultants under this Contract are property of Town, for its exclusive use and re-use at any time without further compensation and without any restrictions contingent upon full payment by Town to Consultant for services performed by Consultant. 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 within a period of three (3) years after the expiration of this Contract, 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 Contract, following full payment to the Consultant for services performed. Town shall have worldwide reprint and reproduction rights in all forms and in all media, free of any claims by the Consultant or its subconsultants 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 Contract 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 Contract 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 Contract, Consultant's verification or adaptation of design documents will entitle Consultant to additional compensation at such rates as the 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 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. Town of Estes Park Professional Services Contract --Page 5 of 14 Page 48 13 SERVICE OF NOTICES: The parties may give each other required notices in person or by first class mail or by email to their authorized representatives ( or their successors) at the addresses listed below: TOWN OF ESTES PARK: Greg Muhonen Public Works Director PO Box 1200 Estes Park CO 80517 CONSULTANT: Mike Todd, Owner Cornerstone Engineering & Surveying, Inc. 1692 Big Thompson A venue, Suite 200 Estes Park CO 8051 7 14 COMPLIANCE WITH LAW: Consultant will perform this Contract 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 Contract. 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 decrees 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: The 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. Anyone conducting business in the Town of Estes Park is required a business license which can be obtained from the Town Clerk's Office. 16 PATENTED DEVICES, MATERIALS AND PROCESSES: The Consultant shall hold and save harmless the Town from all claims for infringement, by reason of fee use of any patented design, device, material, process, or trademark or copyright and shall indemnify the 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 Contract 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. 17.3 General liability, including contractual liability, of at least $2,000,000 per each occurrence plus an additional amount adequate to pay related attorney's fees and Town of Estes Park Professional Services Contract --Page 6 of 14 Page 49 defense cost. 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 Contract. 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 Contract 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 the 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 in 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 Contract, before beginning work under this Contract, 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 170 MacGregor A venue PO Box 1200 Estes Park, CO 80517 Attention: Public Works Department 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 days prior written notice to the Town. General liability 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 officers, employees, agents, sub-consultants, or business invitees. They shall be Town of Estes Park Professional Services Contract --Page 7 of 14 Page 50 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 designated person responsible for risk management of any reduction or exhaustion of aggregate limits, which Town may deem to be a breach of this Contract. 17 .11 The Town relies on, and does not waive or intend to waive, by any provision of this Contract, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act,§ 24-10-101 et�-, 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 the 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 24 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. 17.14 Consultant's liability under this Agreement shall be limited to the available insurance required under this Agreement, and both Town and Consultant expressly waive any right to bring claims against individuals working for the Town or Consultant; all claims under this Agreement shall only be brought against the Town's or Consultant's respective government or corporate entities. 18 INDEMNIFICATION: 18.1 Subject to the extent, limit and coverage of Consultant's applicable insurance specified in this Agreement, Consultant and its agents, principals, officers, partners, employees, and subcontractors ("Indemnitors") shall and do agree to indemnify, protect, and hold harmless the Town, its officers, employees, and agents ("Indemnitees") from all claims, damages, losses, liens, causes of actions, suits, judgments, and expenses (including attorneys' fees), to the extent caused, by any error, omission or negligent act of the Consultant, anyone directly or indirectly employed by it, or anyone for whose acts Consultant may be liable; or attributable to bodily injury, personal injury, sickness, disease, or death of any person, or to the injury or destruction of any tangible property to the extent caused by the error, omission or negligent act of the Consultant or anyone directly or indirectly employed by it, or anyone for whose acts Consultant may be liable. Consultant owes no indemnity obligation to Town for the Town's own errors, omissions, or negligent acts Town of Estes Park Professional Services Contract --Page 8 of 14 Page 51 or for the errors, omissions, or negligent acts of any third parties for which Consultant has no legal responsibility. 18.2 If more than one Indemnitor is liable for any error, omission or negligent act covered by this Agreement, then to the extent consistent with Colorado law, 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. 18.3 As part of this indemnity obligation and to the extent consistent with the preceding clauses in this Indemnification Section 18, the Consultant shall compensate the Town for any time the Town Attorney's Office and other counsel to the 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 the 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 the Town in any capacity. Consultant's officers, employees and agents are not entitled to Workers' Compensation benefits from the Town, and Consultant 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 may be of assistance in interpreting this Contract but shall not by themselves be determinative. 22 NO THIRD-PARTY BENEFICIARIES: The parties intend no third-party beneficiaries under this Contract. 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 subconsultants' and subcontractors' employees) from the Town's work sites. Such a bar shall Town of Estes Park Professional Services Contract --Page 9 of 14 Page 52 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 W AIYER: 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 a date specified in a forthcoming Notice to Proceed, and shall continue through December 31, 2022. 26 TERMINATION: 26.1 In addition to any other available remedies, either party may terminate this Contract if the other party fails to cure a specified default within seven (7) days of receiving 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. The 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. The Town in good faith shall determine the portion of work completed. 26.3 If either party so terminates, the Consultant shall promptly deliver to the 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 Contract up to and including the date of termination, following full payment by Town to Consultant for work performed by Consultant up to termination. 27 SUSPENSION: Without terminating or breaching this Contract, the Town may, at its pleasure, suspend fee services of the Consultant hereunder. Town may effect suspension by giving the Consultant written notice one (1) day in advance of the suspension date. Upon receipt of such notices the Consultant shall cease their work as efficiently as possible, to keep total charges to a minimum. The Town must specifically authorize any work performed during suspension. Since suspension and subsequent reactivation may inconvenience the Consultant, Town will endeavor to provide advance notice and minimize its use. After a suspension has been in effect for thirty days, the Consultant may terminate this Contract at will. 28 ASSIGNMENT AND DELEGATION: Except as stated, neither party may assign its rights or delegate its duties under this Contract without the express written approval of the other. 29 SUBCONTRACTING: Except subconsultants clearly identified and accepted in the Contract Documents, Consultant may employ subconsultants 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 subconsultants. Town of Estes Park Professional Services Contract --Page 10 of 14 Page 53 30 GOVERNING LAW AND VENUE: The laws of the State of Colorado shall govern enforcement and interpretation of this Contract. 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 Contract for the respective parties. 32 DISPUTE RESOLUTION: In the event of any claims, disputes, and other matters in controversy between the Town and Consultant arising out of or in connection with the contract or the services or work contemplated herein; the parties agree to first make a good faith effort to resolve the dispute informally. Negotiations shall take place between the designated representatives listed in Section 13. If the parties are unable to resolve the dispute through negotiation within 45 days, then either party may give written notice within 10 days thereafter that it elects to proceed with non-binding mediation pursuant to the commercial mediation rules of the American Arbitration Association or as otherwise agreed by the parties. In the event that mediation is not invoked by the parties or that the mediation is unsuccessful in resolving the dispute, then either party may submit the controversy to a court of competent jurisdiction. The foregoing is a condition precedent to the filing of any action other than an action for injunctive relief or if a Statute of Limitations may expire. Each party shall be responsible for its own costs and expenses including attorneys' fees and court costs incurred in the course of any mediation. The fees of the mediator and any filing fees shall be shared equally by the parties. 33 INTEGRATION: There are no other agreements on the same subject than expressly stated or incorporated in this Contract. 34 EMPLOYEES, CONTRACTORS AND SUBCONTRACTORS: Contractor shall not knowingly employ or contract with a worker without authorization to perform work under this Contract. Contractor shall not knowingly contract with a subcontractor that (a) knowingly employs or contracts with a worker without authorization to perform work under this Contract or (b) fails to certify to the Contractor that the subcontractor will not knowingly employ or contract with a worker without authorization to perform work under this Contract. 35 VERIFICATION REGARDING WORKERS WITHOUT AUTHORIZATION: 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. 36 LIMITATION REGARDING E-VERIFY PROGRAM: Contractor shall not use either E­ verify or Colorado Department of Labor & Employment program procedures to undertake Town a/Estes Park Professional Services Contract --Page 11 of 14 Page 54 pre-employment screening of job applicants while performing this Contract. 37 DUTY TO TERMINATE A SUBCONTRACT; EXCEPTIONS: If Contractor obtains actual knowledge that a subcontractor performing work under this Contract knowingly employs or contracts with a worker without authorization, the Contractor shall, unless the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with a worker without authorization: (a)notify the subcontractor and the Town within three (3) days that the Contractor has actual knowledge that the subcontractor is employing or contracting with a worker without authorization; 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 a worker without authorization, the subcontractor does not stop employing or contracting with the worker without authorization. 38 DUTY TO COMPLY WITH STATE INVESTIGATION: Contractor 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). 39 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 Contract, if the 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 damages to the Town. 40.MUTUAL W AIYER OF CONSEQUENTIAL DAMAGES: Town and Consultant expressly waive any claim for incidental, indirect, or consequential damages of whatever nature or kind. (Signature pages follow.) Town a/Estes Park Professional Services Contract --Page 12 of 14 Page 55 ::NSULT;,Zl/" Cornerstone Engineering & Surveying, Inc. Title: Principal State of Colora.do County of Wtl t'\i'\el'"" ) ss ) 05/03/2022 Date The foregoing instrument was acknowledged before me by M lG ha.e ( IO dd as fb k'\G'.1 1}:;i Il a Colorado corporation, on behalf of the corporation, thisd'rd day of_M�<AjC%,j-------' 2022. Witness my hand and official Seal. My Commission expires 0 · fO · 2 O 2 4 SUZANNE S. JURGENS Nctarv Public S·;;;;;0 vf Colorado . ; ;,;:,;;;:y JD# ioo.:14032383 !: ti,, C:,,rr1missior1 ::�µit.is 0�H 0-2024 Tow11 of Estes Park Professional Services Contract --Page 13 of 14 Page 56 Town of Estes Park Professional Services Contract --Page 13 of 13 TOWN OF ESTES PARK: By: Date Title: _______________________________ State of ) ) ss County of ) The foregoing instrument was acknowledged before me by , as of the Town of Estes Park, a Colorado municipal corporation, on behalf of the corporation, this day of , 2021. Witness my hand and official Seal. My Commission expires . Notary Public APPROVED AS TO FORM: Town Attorney Page 57 Explanation of Statement of Work May 2, 2022 Cornerstone Engineering and Surveying, Inc. Contract For US 36 and Community Drive Roundabout The services covered under the new professional services contract will include the remaining work under the original expired contract with change orders between the Town of Estes Park and Cornerstone Engineering and Surveying, Inc. (“ Original Contract”). The original contract between the Town of Estes Park and Cornerstone Engineering and Surveying, Inc. for the US 36 and Community Drive Intersection was executed on February 28, 2018, in the amount of $50,000. The original scope of work was for the engineering design of two auxiliary turn lanes for left and right turning traffic on US 36 entering Community Drive. Through a community engagement process and based on engineering professional judgement, the scope changed to a roundabout intersection design (Change Order 1: Additional Design Services). Change Order 1 also included Additional Construction Observation and Reporting Services for the construction phase. Change Order 2 was for a no cost time extension. Change Order 3 supported an illumination plan and completing environmental impact assessments. Change Order 4 supported additional environmental evaluations. Work completed to date includes approximately 95% of the design engineering for the roundabout with environmental task. The scope of work to be completed for the new contract includes finalizing the construction documents for bidding, conducting the construction bidding process, finalizing environmental requirements and performing Construction Phase Observation and Reporting for the Town of Estes Park. The full amount of the original contract with change orders was $332,065. A total amount of $200,706 has been spent to-date, leaving $131,359 to the previous contract budget. $30,409.00 remains for the completion of the Design Documents and Construction Bidding Services to be performed as stipulated in the Contract Documents. The construction observation fee that was proposed in Change Order 1, January 2019 was for $80,950 + $20,000 for material testing ($100,950). Due to increase in the scope and time of the construction phase, the consultant requesting that the budget be increased to $137,575.00 for the Construction Observation and Project Closeout (not including any material testing). Proposed fee is about ~4.8% of the previous estimated construction cost not including an increase for current inflation. The Total Remaining Fee: Finalize Construction Documents and Construction Bidding Services = $ 30,409.00 Construction Phase Observation and Project Closeout = $137,575.00 Total Fee = $167,984.00 Attachment 3 Page 58 PROFESSIONAL SERVICES CONTRACT This Contract is entered into thi�th day of February 1 2018, by and between the Town of Estes Park, Colorado ("Town") and Cornerstone Engineering and Surveying, Inc. ("Consultant"). Whereas, the parties desire to contract with one another to complete the following project: US 36 & Community Drive Turn Lane. Now, therefore, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows: 1.Services. a.The Consultant shall perform the services set forth in Exhibit A (the Proposal submitted by the consultant), attached hereto and incorporated herein by reference ("Services"). The Town reserves the right to remove any of the Services from Exhibit A upon written notice to Contractor. In the event of any conflict between this Contract and Exhibit A, the provisions of this Contract shall prevail. b.No material change to the Services, including any additional compensation, shall be effective or paid unless authorized by written amendment to this Contract executed by the Town. If Consultant proceeds without such written authorization, then Consultant shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent, employee, or representative of the Town is authorized to modify any term of this Agreement, either directly or implied by a course of action. 2.Price. The Town shall pay the Consultant a sum not to exceed $50,000 . The Town shall make payment within thirty days of receipt and approval of monthly invoices, which shall identify the specific Services performed for which payment is requested. 3.Term. This Contract shall be effective from March 5, 2018, through December 31, 2018 . This Contract may be extended or renewed by written agreement of the parties. 4.Appropriation. To the extent this Contract constitutes a multiple fiscal year debt or financial obligation of the Town, it shall be subject to annual appropriation pursuant to the Town's annual budgeting process and Article X, Section 20 of the Colorado Constitution. The Town shall have no obligation to continue this Contract in any fiscal year in which no such appropriation is made. 5.Independent Contractor. The parties agree that the Consultant is an independent Contractor and is not an employee of the Town. The Consultant is not entitled to workers' compensation benefits from the Town and is obligated to pay federal and state income tax on any money earned pursuant to this Contract. Attachment 4 Page 59 6.Insurance Requirements. a.Policies. The Consultant and its subconsultants, if any, shall procure and keep in force during the duration of this Contract the following insurance policies and shall provide the Town with a certificate of insurance evidencing upon execution of this Contract: i.Comprehensive general liability insurance insuring the Consultant and naming the Town as an additional insured with minimum combined single limits of $1,000,000 each occurrence and $1,000,000 aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provision. ii.Comprehensive automobile liability insurance insuring the Consultant and naming the Town as an additional insured against any liability for personal injury, bodily injury, or death arising out of the use of motor vehicles and covering operations on or off the site of all motor vehicles controlled by the Consultant which are used in connection with this Contract, whether the motor vehicles are owned, non-owned, or hired, with a combined single limit of at least $1,000,000. iii.Professional liability insurance insuring the Consultant against any professional liability with a limit of at least $1,000,000 per claim and annual aggregate. (Note: this policy shall only be required if the Consultant is an architect, engineer, surveyor, appraiser, physician, attorney, accountant, or other licensed professional.) iv.Workers' compensation insurance and all other insurance required by any applicable law. (Note: if under Colorado law the Consultant is not required to carry workers' compensation insurance, the Consultant shall execute a Certificate of Exemption and Waiver, attached hereto as Exhibit B and incorporated herein by reference.) b.Requirements. Required insurance policies shall be with companies qualified to do business in Colorado with a general policyholder's financial rating acceptable to the Town. Said policies shall not be cancelable or subject to reduction in coverage limits or other modification except after thirty days prior written notice to the Town. The Consultant shall identify whether the type of coverage is "occurrence" or "claims made." If the type of coverage is "claims made," which at renewal the Consultant changes to "occurrence," the Consultant shall carry a six-month tail. Comprehensive Page 60 general and automobile policies shall be for the mutual and joint benefit and protection of the Consultant and the Town. Such 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 negligence of the Contractor, its officers, employees, agents, subconsultants, or business invitees. Such policies shall be written as primary policies not contributing to and not in excess of coverage the Town may carry. 7.Indemnification. The Consultant agrees to indemnify and hold harmless the Town, its officers, employees, and agents from and against all liability, claims, and demands on account of any injury, loss, or damage, including court costs and attorneys' fees, arising out of or connected with the Services, if such injury, loss, or damage, or any portion thereof, is caused by, or claimed to be caused by, the negligent act, omission, or other fault of the Consultant or any subconsultant of the Consultant, or any officer, employee, or agent of the Consultant or any subconsultant, or any other person for whom the Consultant is responsible. The Consultant's indemnification obligation shall not be construed to extend to any injury, loss, or damage to the extent caused by the act, omission, or other fault of the Town. This paragraph shall survive the termination or expiration of this Contract. 8.Professional Responsibility. a.Consultant hereby warrants that it is qualified to perform the Services, holds all professional licenses required by law to perform the Services, and has all requisite corporate authority to enter into this Contract. b.The Services shall be performed by Consultant in accordance with generally accepted professional practices and the level of competency presently maintained by other practicing professional firms performing the same or similar type of work in the Denver metro area. The Services shall be done in compliance with applicable federal, state, and local laws, ordinances, rules and regulations. c.Consultant shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all designs, drawings, specifications, reports, and other services furnished by Consultant under this Agreement. Consultant shall, without additional compensation, correct or resolve any errors or deficiencies in its designs, drawings, specifications, reports, and other services, which fall below the standard of professional practice, and reimburse the Town for costs caused by errors and omissions which fall below the standard of professional practice. d.Approval by the Town of drawings, designs, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve Consultant of responsibility for technical adequacy of its services. Neither the Town's review, approval, or acceptance of, nor payment for, any of the Page 61 Consultant's services shall be construed to operate as a waiver of any rights under this Contract or of any cause of action arising out of the performance of this Contract. e.Consultant hereby agrees that Consultant, including but not limited to, any employee, principal, shareholder, or affiliate of Consultant shall not have a financial relationship with or an ownership interest in any person and/or entity which entity and/or person shall be the recipient of any contract or work for the services provided by Consultant pursuant to the terms and conditions of this Contract. Consultant understands and agrees that the purpose of this provision is to prevent any information created as a result of Consultant's services herein being used by any person and/or entity in the preparation of any bid or performance of any work for the Town. f.Because the Town has hired Consultant for its professional expertise, Consultant agrees not to employ subcontractors to perform more than twenty percent (20 %) of the work required under the Scope of Services. Upon execution of this Contract, Consultant shall furnish to the Town a list of proposed subcontractors, and Consultant shall not employ a subcontractor to whose employment the Town reasonably objects. All contracts between Consultant and subcontractors shall conform to this Contract including, but not limited to, Section 10. 9.Governmental Immunity Act. No term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable law. 10.Compliance with Applicable Laws. a.Generally. The Consultant shall comply with all applicable federal, state, and local laws, including the ordinances, resolutions, rules, and regulations of the Town. The Consultant shall solely be responsible for payment of all applicable taxes and for obtaining and keeping in force all applicable permits and approvals. b.C.R.S. Article 17.5. Title 8. The Consultant hereby certifies that, as of the date of this Contract, it does not knowingly employ or contract with an illegal alien who will perform work under this Contract and that the Consultant will participate in the e-verify program or Colorado Department of Labor and Employment ("Department") program as defined in C.R.S. § 8-17.5-101 in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Contract. The Consultant shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subconsultant that fails to certify to the Consultant that the subconsultant shall not knowingly employ or Page 62 contract with an illegal alien to perform work under this Contract. The Consultant certifies that it has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in either the e-verify program or the Department program. The Consultant is prohibited from using either the e­ verify program or the Department program procedures to undertake pre­ employment screening of job applicants while this Contract is being performed. If the Consultant obtains actual knowledge that a subconsultant performing work under this Contract knowingly employs or contracts with an illegal alien, the Consultant shall be required to: (i) notify the subconsultant and Town within three days that Consultant has actual knowledge that the subconsultant is employing or contracting with an illegal alien; and (ii) terminate the subcontract with the subconsultant if within three days of receiving the notice required pursuant to this subparagraph the subconsultant does not stop employing or contracting with the illegal alien; except that Consultant shall not terminate the contract with the subconsultant if during such three days the subconsultant provides information to establish that the subconsultant has not knowingly employed or contracted with an illegal alien. The Consultant shall comply with any reasonable request by the Department made in the course of an investigation that it is undertaking pursuant to the authority established in C.R.S. Article 17.5, Title 8. If the Consultant violates this paragraph, the Town may terminate this Contract for default in accordance with "Termination," below. If this Contract is so terminated, the Consultant shall be liable for actual and consequential damages to the Town. (Note: this paragraph shall not apply to contracts: (i) for Services involving the delivery of a specific end product (other than reports that are merely incidental to the performance of said work); or (ii) for information technology services and/or products.) 11.Termination. a.a. Without Cause. Either party may terminate this Contract without cause upon thirty days prior written notice to the other. The Town shall be liable to pay the Consultant for Services performed as of the effective date of termination, but shall not be liable to the Consultant for anticipated profits. b.For Default. Each and every term and condition hereof shall be deemed to be a material element of this Contract. In the event either party fails to perform according to the terms of this Contract, such party may be declared in default. If the defaulting party does not cure said breach within ten days of written notice thereof, the non-defaulting party may terminate this Contract immediately upon written notice of termination to the other. In the event of termination of this Contract pursuant to this Section, the non-defaulting party shall be entitled to recover all damages caused by said default. In the event that Consultant is in default, the Town may withhold payment to the Consultant for the purposes of setoff until such time as the amount of damages is determined. Page 63 12.Notices. Written notices shall be directed as follows and shall be deemed received when hand-delivered or emailed, or three days after being sent by certified mail, return receipt requested: To the Town: Kelly Stallworth, El Town of Estes Park 170 MacGregor Avenue Estes Park, CO 80517 Email: kstallworth@estes.org 13.Special Provisions. To the Consultant: Contact: J{kk �JJ I P.£. Company: Com.U:, L,.c, ff•-if""t, _.J �wr::>I -Z::.-c. Address : /ttt;_ gj -C-ho.-rS:,-1\ Av� £,c,·k i-«:> �s� P-�, Co �0517 The Contract work shall be completed according to the schedule delivered in Section 2.0 Schedule of Activities of the "Request for Proposal Consulting Services Dry Gulch Roadway Improvements" unless otherwise modified in writing with a subsequent Amendment to this Contract. 14.Time of the Essence. Time is of the essence in performance of the Services and is a significant and material term of this Contract. 15.Entire Agreement. This Contract contains the entire agreement of the parties relating to the subject matter hereof and, except as provided herein, may not be modified or amended except by written agreement of the parties. In the event a court of competent jurisdiction holds any provision of this Contract invalid or unenforceable, such holding shall not invalidate or render unenforceable any other provision of this Contract. 16.Assignment. The Consultant shall not assign this Contract without the Town's prior written consent. 17.Governing Law. This Contract shall be governed by the laws of the State of Colorado, and venue shall be in the County of Larimer, State of Colorado. 18.Instruments of Service. Drawings, models, specifications, research, reports, studies, data, photographs and other documents, including those in electronic form, prepared by Consultant and its subconsultants in the performance of obligations under this Contract are Instruments of Service for use solely with respect to the project identified in this Contract. Consultant and its subconsultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights; except that, upon execution of this Contract, the Consultant grants to the Town a Page 64 non-exclusive, perpetual, fully-paid, non-revocable license to reproduce and use the Consultant's Instruments of Service solely in connection with the above-referenced project, including the project's further development by the Town and others retained by the Town for such purposes. The Consultant shall obtain similar licenses from its subconsultants consistent with this Contract. Consultant shall, during the term of this Contract provide the Town with copies of all Instruments of Service prepared by Consultant or its subconsultants contemporaneous with such preparation, and shall provide them in electronic format or any other format requested by the Town. 19.Attorney's Fees and Costs. In the event it becomes necessary for either party to bring any action to enforce any provision of this Contract or to recover any damages from the other party as a result of the breach of this Contract, including, but not limited to, defective work, and the party that prevails in such litigation, the other party shall pay the prevailing party its reasonable attorney's fees and costs as determined by the court. 20.Electronic Signature. This Contract may be executed by electronic signature in accordance with C.R.S. § 24-71.3-101 et seq. Page 65 ,, Signed by the parties on the date written above. ATTEST: Town of Estes P�ado � By:�� Title: "To ct> �' o ,-,Ar, ):y:\'I oe Consultant , j/ , By J.f La Title: Principal Cornerstone Engineering & Surveying, Inc. STATE OF (\, \ o..aA-J" ) L . ) ss. COUNTYOF .A-J2.,\vn'V2-) The foregoing instrument was acknowledged before me thisll�ay of f:i):)«.u.AJ2.7a 20 _lZ_ by v'YL l, J\,,tz k::::1:;J 1 (Insert name of individual signing on behalf of the Consultant) ��al signature SEAL TAMMY A. OEBAISE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20054004278 MY COMMISSION EXPIRES MARCH 10, 2021 Page 66 CONTRACT CHANGE ORDER NO. 4/4/2019 Submitted by Greg Muhonen Contractor Address Cornerstone Engineering & Surveying, Inc 1692 Big Thompson Ave, Suite 200 Project name US 36 & Community Drive Project# _C_O_M _MD_R _____________ _ City State Zip Estes Park, CO 80517 Instructions: Complete all sections with sufficient details. If not applicable insert "NA". Expand narrative space or attach additional pages as needed. 1 Reason for change (narrative) A Town has decided to complete the preliminary and final design for a roundabout at the intersection ofUS36 & Community DriveB Extended contract time to complete the addi tional services 2a Description of change (narrative) A Preliminary/final design and constTuction management services as outlined in the fee proposal dated January 28, 2019 and attached hereto.B Additional contract time is added to complete the expanded scope of work in partnership MTJ Engineering . . ,, __ • .. CONTRACT UNIT CURRENT ORDER 2h NO. TEM NO ITEM DESCRIPTION QTY UNIT COST A B Additional Design Services (see attached proposal) Additional field insnection services ( per proposal)Time Extension COSTS Original contract amount Change in contract costs previous change order/s # Change in contract costs this change orderAdjusted contract amount Percent change to contract costs (informational only) TIME Original contract time Change in contract time previous change order/s # Change in contract time this change orderAdjusted contract time Original contract expiration date 30% design plans (FIR) completion date 90% design plans (FOR) completion date Final design completion date Final contract expiration date 0 LS $ OLS APPROVAL: This Change Order is accepted and the Contract is amended to conform thereto. TOWN OF ESTES PARK -ITEM COST QTY $ -1I A ------- B CHANGE ORDERAMT $ 159,380.00$ 100,950.00 $ 50,000.00 $ 260,330.00$ 310,330.00% NA 12/31/2018 7/30/2019 10/30/2019 12/30/2019 6/30/2020 ADJUSTED ITEM COST$ 159,380.00$ 100,950.00 $ 260,330.00 calendar days calendar days calendar days calendar daysdate date datedatedate � ... i <-Appy Project Manager Date co7ffzl; Contractor signature 5-Apr-19 Date - (2/13/2019) ,.q-17' Date Date l;--r--1? Date L\\a\\., Michael Todd, P.E., Principal Contractor title TOWN SIGNATORY AUTHORITY THRESHOLDS ENGINEERING MGR $30,000DIRECTOR $50,000 TOWN ADMINISTRATOR $100,000 Copies to: project file, Finance Dept, Town Clerk U:\Engineering\PROJECT FILES\Ballot I A Prnjcct•\2018 Project,12018 Brodie Ave\02 FinancialIDrexel, Barrell Co file name: DB Change Order I (2019) Page 67 January 28, 2019 David Hook Engineering Manager Public Work Dept. Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 RE: Community Drive and US 36 Roundabout Design Fees: Dear Dave: Cornerstone Engineering & Surveying, Inc. (CES) appreciates the opportunity to submit the updated design fees for the proposed roundabout at the intersection of Highway US 36 and Community Drive. The original scope was for the design of a left turn lane for west bound and a right turn lane for east bound US Highway 36 onto Community Drive. Current task completed for the proposed turn lanes include: •Review of traffic study prepared by Delich Associates. •Develop concept designs for presentation at public meetings •Develop preliminary construction cost estimates •Meet with CDOT to discuss CDOT review and permitting Following the concept development for the turn lane, The Town of Estes Park expressed interest in evaluating the implementation of a roundabout at the US 36 and Community Drive intersection. The Town engaged MTJ Roundabout Engineering to evaluate the application of the roundabout. CES has completed $25,585.00 from the original contract agreement. Of the original scope work completed CES feels that $13,225.00 is applicable to the roundabout design with the remaining work having to be recreated. Preliminary construction estimate for the roundabout with contingency is approximately $2.1 million, not including the electrical utility relocation. The proposal design fees including construction bidding are $159,380.00. (~ 7.6% of construction cost) Please see the attached breakdown of cost. Page 68 Community Drive, Estes Park, Colorado Page 2 of 2 Proposed Cost Does Not Include: •NEPA Study •Permitting with the Bureau of Reclamation •Fees for MTJ Design work •Electrical Utility relocate design The proposal for construction related services was developed based on an onsite construction inspector 5.5 hours a day with a 4 month (80 working day) construction period. The proposed fees for construction related services are $80,950.00. Proposed Cost for Construction Related Services does not include Material Testing. The Material Testing is estimated at approximately $20,000.00. Please let me know if you have any questions or would like to discuss the proposed cost. Sincerely, Cornerstone Engineering & Surveying, Inc. Michael S. Todd, P.E. Principal Page 69 CONTRACT CHANGE ORDER NO. 2 Date 6/29/2020 Contractor Cornerstone Engineering & Surveying, Inc Submitted by David Hook Address 1692 Big Thompson Ave, Suite 200 Project name US 36 & Community Drive City State Zip Estes Park, CO 80517 Project #COMMDR Instructions: Complete all sections with sufficient details. If not applicable insert "NA". Expand narrative space or attach additional pages as needed. 1 Reason for change (narrative) A 2a Description of change (narrative) A The contract expiration date is revised from June 30, 2020 to June 30, 2021 2b NO.ITEM NO.ITEM DESCRIPTION CURRENT CONTRACT QTY UNIT UNIT COST CURRENT ITEM COST CHANGE ORDER QTY CHANGE ORDER AMT ADJUSTED ITEM COST A Time Extension 0 -$ -$0 -$ -$ COSTS Original contract amount 50,000.00$ Change in contract costs previous change order/s #260,330.00$ Change in contract costs this change order A -$ Adjusted contract amount 310,330.00$ Percent change to contract costs (informational only)% TIME Original contract time N/A calendar days Change in contract time previous change order/s #calendar days Change in contract time this change order calendar days Adjusted contract time calendar days Original contract expiration date 12/31/2018 date 30% design plans (FIR) completion date Complete date 90% design plans (FOR) completion date 10/31/2020 date Final design completion date 12/31/2020 date Final contract expiration date A 6/30/2021 date APPROVAL: This Change Order is accepted and the Contract is amended to conform thereto. TOWN OF ESTES PARK CONTRACTOR Approved by Project Manager Date Contractor signature Date Approved by Engineering Manager Date Contractor title Approved by Public Works Director Date TOWN SIGNATORY AUTHORITY THRESHOLDS ENGINEERING MGR $30,000 DIRECTOR $50,000 Approved by Town Administrator Date TOWN ADMINISTRATOR $100,000 Copies to: project file, Finance Dept, Town Clerk Contract expiration date needed extened. Transition from prelimiary design to final design has been put on hold for a number of reasons during late 2019 and early 2020, including: resolving ROW and Environmental Clearance issuses that arose during the FIR process, the project budget not being fully funded for construction, other PW projects with higher priorities, and the coronavirus pandemic. Page 1 Principal 6/28/2020 Michael Todd, Mich l ToToToToToTodd 6-29-2020 Page 70 CONTRACT CHANGE ORDER NO. 3 Date 10/8/2020 Contractor Cornerstone Engineering & Surveying, Inc Submitted by Christy Crosser Address 1692 Big Thompson Ave, Suite 200 Project name US 36 & Community Drive Roundabout City State Zip Estes Park, CO 80517 Project #COMMDR Instructions: Complete all sections with sufficient details. If not applicable insert "NA". Expand narrative space or attach additional pages as needed. 1 Reason for change (narrative) A B This project requires a wetlands delineation, which was not included in the original contract for design. 2a Description of change (narrative) A This change order add funds to support the illumination plan as subcontract work to Cornerstone Engineering. B This change order add funds to support wetland delineation as subcontract work to Cornerstone Engineering. 2b NO.ITEM NO.ITEM DESCRIPTION CURRENT CONTRACT QTY UNIT UNIT COST CURRENT ITEM COST CHANGE ORDER QTY CHANGE ORDER AMT ADJUSTED ITEM COST A Subcontract illumination plan 1 LS 9,000.00$ -$ 1 9,000.00$ 9,000.00$ B Subcontract wetland delineation 1 LS 800.00$ -$ 1 800.00$ 800.00$ COSTS Original contract amount 50,000.00$ Change in contract costs previous change order/s #260,330.00$ Change in contract costs this change order A 9,800.00$ Adjusted contract amount 320,130.00$ Percent change to contract costs (informational only)% TIME Original contract time N/A calendar days Change in contract time previous change order/s #calendar days Change in contract time this change order calendar days Adjusted contract time calendar days Original contract expiration date 12/31/2018 date 30% design plans (FIR) completion date Complete date 90% design plans (FOR) completion date 10/31/2020 date Final design completion date 12/31/2020 date Final contract expiration date A 6/30/2021 date APPROVAL: This Change Order is accepted and the Contract is amended to conform thereto. TOWN OF ESTES PARK CONTRACTOR Approved by Project Manager Date Contractor signature Date Approved by Engineering Manager Date Contractor title Approved by Public Works Director Date TOWN SIGNATORY AUTHORITY THRESHOLDS ENGINEERING MGR $30,000 DIRECTOR $50,000 Approved by Town Administrator Date TOWN ADMINISTRATOR $100,000 Copies to: project file, Finance Dept, Town Clerk This project requires an illumination plan, which was not included in the original contract for design. Page 1 Principal 10/8/2020 r signature TRACTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTORRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR NA NA NA 10/12/2020 Page 71 CONTRACT CHANGE ORDER NO. 4 Date 6/15/2021 Contractor Cornerstone Engineering & Surveying, Inc Submitted by Christy Crosser Address 1692 Big Thompson Ave, Suite 200 Project name US 36 & Community Drive Roundabout City State Zip Estes Park, CO 80517 Project #COMMDR Instructions: Complete all sections with sufficient details. If not applicable insert "NA". Expand narrative space or attach additional pages as needed. 1 Reason for change (narrative) A B 2a Description of change (narrative) A This change extends the contract expiration date. B This change order add funds to support work in the area of Environmental and Historic Preservation to complete final design. 2b NO.ITEM NO.ITEM DESCRIPTION CURRENT CONTRACT QTY UNIT UNIT COST CURRENT ITEM COST CHANGE ORDER QTY CHANGE ORDER AMT ADJUSTED ITEM COST A Extend contract expiration date 1 LS -$ -$ -$ -$ B-1 4(f) and 6(f) requirements LS 1 7,735.00$ 7,645.00$ B-2 Stanley Park Use Agreement research LS 1 3,240.00$ 3,240.00$ B-3 SHPO Submittal documentation & research LS 1 960.00$ 960.00$ COSTS Original contract amount 50,000.00$ Change in contract costs previous change order/s #270,130.00$ Change in contract costs this change order 11,935.00$ Adjusted contract amount 332,065.00$ Percent change to contract costs (informational only)% TIME Original contract time N/A calendar days Change in contract time previous change order/s #calendar days Change in contract time this change order calendar days Adjusted contract time calendar days Original contract expiration date 12/31/2018 date 30% design plans (FIR) completion date Complete date 90% design plans (FOR) completion date 10/31/2020 date Final design completion date 12/31/2020 date Final contract expiration date 12/31/2021 date APPROVAL: This Change Order is accepted and the Contract is amended to conform thereto. TOWN OF ESTES PARK CONTRACTOR Approved by Project Manager Date Contractor signature Date Approved by Engineering Manager Date Contractor title Approved by Public Works Director Date TOWN SIGNATORY AUTHORITY THRESHOLDS ENGINEERING MGR $30,000 DIRECTOR $50,000 Approved by Town Administrator Date TOWN ADMINISTRATOR $100,000 Copies to: project file, Finance Dept, Town Clerk Contract expiration date needed extended as construction funding consideration are pending. Additional scope required for final design including 4(f) and 6(f) compliance; Stanley Park Use Agreement research; and SHPO Submittal documentation and research. Page 1 6/17/21 Michael Todd, Principal 6-18-21 Page 72 Hourly Rate $120 $95 $95 $90 $150 $85 $65 Item No. Description Pr o j e c t E n g i n e e r En g i n e e r T e c h . Co n s t r u c t i o n E n g . Li c e n s e d S u r v e y o r Su r v e y C r e w CA D D T e c h . Cl e r i c a l Ex p e n s e s TO T A L C U R R E N T IN V O I C E P A Y RE Q U E S T # 1 1 P R E V I O U S I N V O I C E T O T A L T O D A T E Ap p r o v e d ( C / O ) No t A p p r o v e d (C / O ) A Data Acquisition A1 Data Acquisition Project Research $0 $5,090 $5,090 A2 Field Survey & Base Map Development $0 $8,505 $8,505 A3 Geotechnical Investigation & Report $0 $8,761 $8,761 A4 Meeting w/ Town & Stakeholders $0 $2,920 $2,920 A5 Meeting / CDOT $0 $2,250 $2,250 4(f) & 6(f) Compliance $0 $4,415 $4,415 $4,415.00 Stanley Park Use Agreement Research $0 $3,240 $3,240 $3,240.00 SHPO Submital Documentation, Research $0 $960 $960 $960.00 SUBTOTAL 0 0 0 0 0 0 0 0 $0 $36,141 $36,141 $8,615.00 C Engineering Design 90% Complete C1 Design and Plans Preparation 5 30 $3,450 19,775$ $23,225 C2 Retaining Wall Design 2 10 5 $1,615 2,005$ $3,620 C3 Box Culvert Extention Design $0 C4 Submit Plans for Utility Company Review & Comment $0 285$ $285 C5 Construction Documents & Technical Specs 2 2 4 4 $1,030 4,720$ $5,750 C6 Project Cost Estimates & Tabulation Quantities 2 2 $430 3,230$ $3,660 C7 Right-of-way/ Property Boundaries $0 2,020$ $2,020 C8 Project Permitting (CSRTS)$0 2,745$ $2,745 C9 Design Review Meeting 15 15 $3,225 4,300$ $7,525 C10 Plan Modification Per Design Review & Meeting Documentation $0 6,445$ $6,445 C11 Preparation for Public Meetings $0 $0 C12 Public Meeting $0 $0 4(f) & 6(f) Compliance $0 3,320$ $3,320 $3,230.00 C/O 3 Roundabout Illumination Design $0 2,800$ $2,800 $2,800.00 C/O 3 Wetlands Deliniation $0 800$ $800 $800.00 SUBTOTAL 26 59 0 9 4 $9,750 52,445$ $62,195 $3,600.00 $3,230.00 $3,120 $5,605 $0 $0 $0 $765 $260 $0 $11,845.00TOTAL 2019 CIVIL ENGINEERING DESIGN US 36 AND COMMUNITY DRIV ROUNDABOUT CORNERSTONE ENGINEERING & SURVEYING, INC. Date: 05/27/20214(f) & 6(f) Compliance Additional Work Page 73 Page 74 PUBLIC WORKS Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Vanessa Solesbee, Parking & Transit Manager Greg Muhonen, Public Works Director Date: May 10, 2022 RE: Resolution 38-22 An Intergovernmental Agreement with CDOT for 2022 Elkstang Bustang Service (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Town Board approval of an Intergovernmental Agreement (IGA) with the Colorado Department of Transportation (CDOT) for 2022 Elkstang Bustang service. Present Situation: Bustang is CDOT’s Interregional Express bus service that connects commuters along the I- 25 Front Range and I-70 Mountain Corridors. By linking major local transit systems together, Bustang responds to demand from the traveling public to have a reliable transit alternative along the highest traveled corridors in the state.1 In 2019, the Town, CDOT and Rocky Mountain National Park (RMNP) partnered to pilot “Elkstang Bustang” service. The pilot was developed to help address the intense traffic and parking congestion that both the Town and RMNP experience during the peak summer and fall seasons. The pilot also supported CDOT’s goals to improve safety, mobility, access, and rural connectivity to transit services. While plans for 2020 service were put on hold by the COVID-19 pandemic, service resumed in 2021 and expanded to include a stop in the Town of Lyons. In 2021, Bustang provided weekend-only service from July 3 through October 3. Total ridership for the 2021 summer was 1,222. Proposal: Public Works recommends that the Town Board approve the IGA with CDOT for 2022 Elkstang Bustang service and accept the Local Agency Commitments detailed on Pgs. 3-4 of the attached IGA. Highlights from the Local Agency Commitments are included here: 1 Source: RideBustang.com Page 75 •Provide permission and a dedicated location for Elkstang Bustang to drop off and pick up its passengers at the Estes Park Visitors Center; •Provide for daily Elkstang Bustang bus storage on service dates. •Market the 2022 Elkstang Bustang commuter services for destination ridership and for reverse ridership; •Create a link to CDOT's Elkstang Bustang commuter services on the Town of Estes Park's website; and •Continue public operations of the Estes Transit Free Shuttle (Estes Transit) on weekend days through October 2, 2022. Elkstang Bustang will operate on Saturdays, Sundays and national holidays (including July 4 and Labor Day, observed on September 5) beginning on Saturday, May 28, 2022 and concluding service on Sunday, October 2, 2022. Service will include two round trips each day of operation, one originating from Denver Union Station and the other from the US 36 and Sheridan Station, each to Estes Park and back with a stop at the Town of Lyons Park & Ride. A roundtrip ticket will cost $10.00 per passenger. Advantages: •Help address the intense traffic and parking congestion that both the Town and RMNP experience during the peak summer and fall seasons. •Provide an affordable transportation option connecting Estes Park to the Front Range, Denver Metro and Denver International Airport. •Demonstrates the Town’s commitment to continued and expanded partnership with CDOT and regional partners like Boulder County and the Town of Lyons. Disadvantages: •The Elkstang Bustang vehicles will occupy parking spaces at the Visitor Center that otherwise would be available to Estes Park guests during the busy summer weekends. Action Recommended: Approval of Resolution 38-22. Finance/Resource Impact: There is no identified impact to the Town budget. CDOT intends to pay for Elkstang Bustang services with fare-box revenue (ticket sales) and state funds through SB 09-108 (FASTER). Level of Public Interest The level of public interest is low to moderate. Sample Motion: I move for the approval/denial of Resolution 38-22. Attachments: 1.Resolution 38-22 2.IGA with CDOT for 2022 Elkstang Bustang Service Page 76 RESOLUTION 38-22 APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR 2022 ELKSTANG BUSTANG SERVICE WHEREAS, the Town desires to support CDOT’s state goals to improve safety, mobility, access, and rural connectivity to transit services; and WHEREAS, CDOT will provide funding for all aspects of Elkstang Bustang service; and WHEREAS, CDOT will operate Elkstang commuter services for two round trips each day of operation, one originating from the Denver Union Station in downtown Denver, CO, and the other from the US 36 and Sheridan Station, each to Estes Park, CO, each with a stop at the Town of Lyons Park & Ride; and WHEREAS, the Town Board desires to enter the intergovernmental agreement referenced in the title of this resolution for the purpose of allowing CDOT’s operation of 2022 Elkstang Bustang service. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves, and authorizes the Mayor to sign, the intergovernmental agreement referenced in the title of this resolution in substantially the form now before the Board. DATED this day of , 2022. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 Page 77 Routing #: 22-HAA-XC-00076 OLA #: 311002766 Page 1 of 13 (Operations) HQ DIVISION OF TRANSIT AND RAIL ELKSTANG BUSTANG SERVICE INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”) is made this day of 2022, by and between the State of Colorado for the use and benefit of the COLORADO DEPARTMENT OF TRANSPORTATION (“State” or “CDOT”), and the TOWN OF ESTES PARK (“Town” or “Local Agency”), 170 MacGregor Avenue, Estes Park, CO 80517, CDOT Vendor #: 2000036. The State and Local Agency shall be each be referred to as a “Party”, and collectively as “Parties”. This Agreement shall not be effective or enforceable until it is approved and signed by the Governor or his designee (“Effective Date”). RECITALS 1.Required approval, clearance and coordination have been accomplished from and with appropriate agencies. 2.The Town and Rocky Mountain National Park (the “National Park”), and neighboring highways US 34, US 36, and SH 7, experience intense traffic and parking congestion in late summer and early fall annually. 3.CDOT has goals to improve safety, mobility, access, and rural connectivity to transit services. 4.The Town has goals to decrease parking needs, increase visitation, and improve transportation choices to access the community. 5.The Parties desire to enter into this Agreement to delineate each one’s responsibilities for operation of a project to provide limited transit commuter services from Denver Union Station and from US 36 and Sheridan Station to the Town and back during peak late summer and early fall congestion days. For the purposes of this Agreement this commuter transit service will be named “Elkstang”, and is further detailed in Section 1 & 2; 6.The State and the Local Agency have the authority, as provided in Sections 29-1-203, 43-1106, 43-2-103, 43-2-104, and 43-2-144 CRS, as amended, to enter into this Agreement with the Local Agency as hereinafter set forth; and 7.The State and Local Agency have the resources to perform the Elkstang services as described in this Intergovernmental Agreement. Attachment 2 Page 78 Routing #: 22-HAA-XC-00076 OLA #: 311002766 Page 2 of 13 THE PARTIES NOW AGREE THAT: Section 1. Scope of Work CDOT will operate Elkstang commuter services on Saturdays and Sundays from May 28, 2022, through October 2, 2022, and the following holidays: Memorial Day, observed May 30, 2022; Independence Day July 4, 2022; and Labor Day, observed September 5, 2022. During 2022, the days of operation will be: May 28, 29, 30; June 4, 5, 11, 12, 18, 19, 25, 26; July 2, 3, 4, 9, 10, 16, 17, 23, 24, 30, 31; August 6, 7, 13, 14, 20, 21, 27, 28; September 3, 4, 5, 10, 11, 17, 18, 24, 25; and October 1, 2. Totaling to forty-one (41) days of commuter transit service in 2022. CDOT reserves the right to add or reduce service days as business and public health require. CDOT will operate, through contractor Ace Express Coaches, LLC (“Ace”), Elkstang commuter services for two round trips each day of operation, both originating from the Denver Union Station in downtown Denver, CO, making stops in Westminster, Boulder, and Lyons, traveling to stops in the Town and the National Park, returning along the same route, and ending at Denver Union Station. CDOT intends to pay for Elkstang Services with both fare-box revenue (ticket sales) and state funds through Senate Bill 09-108 funds (annual FASTER funds). The estimated cost of operations and maintenance expenses to provide 41 days of Elkstang commuter services in 2022 is $147,600. The maximum fare-box revenue estimated to be collected for Elkstang commuter services in 2022 is $29,520.00. CDOT will be responsible for selling tickets and collecting fares for riders on the Elkstang transit project. This fare-box revenue will remain in the possession of CDOT and be utilized to offset the cost of the project. The purpose of the Elkstang project is to: a. Increase transit options between the Denver metro area, the Town of Estes Park, and the National Park for residents, tourists, and employees; b. Connect Elkstang to the Estes Park Free Shuttle transit route in the Town of Estes Park and to the National Park’s Bear Lake & Moraine Park trail shuttles originating from the National Park’s Park & Ride facility; c.Connect Elkstang to the Regional Transportation District’s (“RTD”) services at the multi-modal Denver Union Station, the US 36 and Sheridan Station, the US 36 and Table Mesa Station, 5170 Table Mesa Dr., Boulder, and the Lyons Park & Ride at 4th Ave & Railroad Ave., Lyons, CO; d.Reduce congestion on US 34, US 36, SH 7 and local roads by providing an alternative mode of transportation to and from Estes Park; e.Improve safety by reducing the number of passenger vehicles on US 24, US36, SH7 and local roads; f.Decrease passenger vehicle emissions; g.Decrease number of vehicles needing to park within the Town and the National Park; h. Provide for increased visitation to the Town and the National Park; and i.Provide for economic development. Page 79 Routing #: 22-HAA-XC-00076 OLA #: 311002766 Page 3 of 13 Section 2. CDOT Commitments CDOT, at its own expense, will be responsible for performing the following: For each scheduled round-trip service, CDOT will provide a transit coach bus for 51 passengers (or 21 passengers as COVID pandemic processes may require) and up to 4 bicycles. Passengers may reserve a space on the bicycle carrier. Each bus can hold two bicycles on the front of the bus and another two in the under-coach storage area. The bus is wheelchair accessible. The vehicle will provide free Wi-Fi and an onboard rest room. CDOT will provide a driver through a contract with Ace. CDOT will operate, through contractor Ace, Elkstang commuter services for two round trips each day of operation, both originating from the Denver Union Station in downtown Denver. A round trip ticket will cost each passenger $10.00. CDOT has an existing access agreement with the RTD. RTD has provided permission for Elkstang commuter services to use Gate B4 at Denver Union Station. RTD has provided permission for the Elkstang commuter service to use Gate C at the US 36 and Sheridan Station for eastbound trips and Gate D at the US 36 and Sheridan Station for westbound trips, Gate B at the Table Mesa Station at US 36 & Table Mesa Drive, Boulder, CO for westbound Elkstang commuter services, Gate A at the US 36 & Table Mesa Station for eastbound Elkstang commuter services, and the Lyons Park & Ride at 4th Ave & Railroad Ave., Lyons, CO. The Elkstang transit services shall stop at the Town of Estes Park Visitor's Center located at 500 Big Thompson Avenue, Estes Park, CO, and arrive at the National Park’s Park and Ride facility at the intersection of Bear Lake Road and Glacier Basin before returning along the route. CDOT will also: •Provide Elkstang bus and driver operations; •Create digital ticketing through a Bustang mobile /smart phone application and through a CDOT Bustang website; •Implement public communications and marketing strategies on CDOT's website, LinkedIn, Facebook, and Twitter accounts; •As part of the communications, CDOT will host a "kick-off'' event for Elkstang transit services; •Create Elkstang signs for installation by RTD at Denver Union Station, US 36 and Sheridan Station, US 36 and Table Mesa Station, and the Town of Estes Park Visitors Center; and •Track Elkstang ridership data and report it to the Town of Estes Park, RTD, and the Colorado Transportation Commission. •CDOT will contract with Ace to operate Elkstang transit services. Ace will provide insurance and will name CDOT, RTD, and the Town of Estes Park as additional insureds. Section 3. Local Agency Commitments The Local Agency, at its own expense, shall be responsible for the following: •Provide permission and a dedicated location for Elkstang to drop off and Page 80 Routing #: 22-HAA-XC-00076 OLA #: 311002766 Page 4 of 13 pick up its passengers at the Estes Park Visitors Center; •Provide for driver and passenger use of restroom facilities at the Estes Park Visitors Center; Provide for daily Elkstang bus storage at the Estes Park Visitor Center’s Parking Garage on the days of the CDOT-provided Elkstang commuter services. •Market the 2022 Elkstang commuter services for destination ridership and for reverse ridership; •Create a link to CDOT's Elkstang commuter services on the Town of Estes Park's website; •Continue public operations of the Estes Transit Free Shuttle on weekend days and the national Labor Day holiday from September 3, 2022, through October 2, 2022; Install Elkstang signs at the Estes Park Visitors Center advertising CDOT's Elkstang commuter services and the locations of the Estes Park Visitor Center's gates for Elkstang access prior to the 2022 Elkstang transit program and continuing through the duration thereof; Provide Bustang passenger parking at the Estes Park Visitor Center Parking Garage and post the 2022 Elkstang transit service bus schedule information at the Estes Park Visitors Center prior to the 2022 Elkstang transit program and continuing through the duration thereof. Section 4. Term and Termination Provisions This Agreement shall be in effect only after it is executed by both Parties. The Agreement will remain in effect until December 31, 2022, or until this Agreement is terminated in accordance with the requirements of this Section 4 and both Parties agree to terminate, whichever is sooner. Termination for Cause. If, through any cause, either Party shall fail to fulfill its obligations under this Agreement, or if either Party shall violate any of the covenants, agreements, or stipulations of this Agreement, either Party shall thereupon have the right to terminate this Agreement for cause by giving written notice to the other Party of its intent to terminate and giving at least three (3) days opportunity to cure the default or show cause why termination is otherwise not appropriate. Section 5. Legal Authority The Local Agency warrants that it possesses the legal authority to enter into this Agreement and that it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Agreement and to bind the Local Agency to its terms. The person(s) executing this Agreement on behalf of the Local Agency warrants that such person(s) has full authorization to execute this Agreement. Section 6. Representatives and Notice The State will provide liaison with the Local Agency through the State's Director of the Page 81 Routing #: 22-HAA-XC-00076 OLA #: 311002766 Page 5 of 13 Division of Transit and Rail, CDOT HQ, 2829 West Howard Place, 4th Floor, Denver, Colorado 80204, (303) 757-9008, amber.blake@state.co.us. Said Director will also be responsible for coordinating the State's activities under this Agreement. All communications relating to the day-to-day activities for the work shall be exchanged between representatives of the State’s Division of Transit and Rail and the Local Agency. All communication, notices, and correspondence shall be addressed to the individuals identified below. Either Party may from time to time designate in writing new or substitute representatives. If to State: If to the Local Agency: Michael Timlin Branch Mgr. Vanessa Solesbee, Parking & Transit Mgr. Mobility Operations CDOT DTR Town of Estes Park Estes Park Visitor Center 2829 W. Howard Place P.O. Box 1200 Denver, CO 80204 Estes Park, CO 80517 (303)757-9548 (970)577-3957 michael.timlin@state.co.us vsolesbee@estes.org or: Kyle French Bus Operations Manager-Bustang CDOT DTR 2829 W. Howard Place Denver, CO 80204 (303) 757-9647 Kyle.french@state.co.us Section 7. Successors Except as herein otherwise provided, this Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns. Section 8. Governmental Immunity Notwithstanding any other provision of this Agreement to the contrary, no term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., CRS, as now or hereafter amended. The Parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of §24-10-101, et seq., CRS, as now or hereafter amended and the risk management statutes, §§24-30-1501, et seq., CRS, as now or hereafter amended. Section 9. Severability To the extent that this Agreement may be executed and performance of the obligations of the Parties may be accomplished within the intent of the Agreement, the terms of this Agreement are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. Section 10. Waiver The waiver of any breach of a term, provision, or requirement of this Agreement shall not be construed or deemed as a waiver of any subsequent breach of such term, provision, or Page 82 Routing #: 22-HAA-XC-00076 OLA #: 311002766 Page 6 of 13 requirement, or of any other term, provision, or requirement. Section 11. Modification and Amendment A.This Agreement is subject to such modifications as may be required by changes in federal or State law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this Agreement on the effective date of such change as if fully set forth herein. Except as provided above, no modification of this Agreement shall be effective unless agreed to in writing by both Parties in an amendment to this Agreement that is properly executed and approved in accordance with applicable law. B.Either party may suggest renegotiation of the terms of this Agreement, provided that the Agreement shall not be subject to renegotiation more often than annually, and that neither party shall be required to renegotiate. If the Parties agree to change the provisions of this Agreement, the renegotiated terms shall not be effective until this Agreement is amended/modified accordingly in writing. Section 12. Disputes Except as otherwise provided in this Agreement, any dispute concerning a question of fact arising under this Agreement which is not disposed of by agreement will be decided by the Chief Engineer of the Department of Transportation. The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar days after the date of receipt of a copy of such written decision, the Local Agency mails or otherwise furnishes to the State a written appeal addressed to the Executive Director of the Department of Transportation. In connection with any appeal proceeding under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently with the performance of the Agreement in accordance with the Chief Engineer’s decision. The decision of the Executive Director or his/her duly authorized representative for the determination of such appeals will be final and conclusive and serve as final agency action. This dispute clause does not preclude consideration of questions of law in connection with decisions provided for herein. Nothing in this Agreement, however, shall be construed as making final the decision of any administrative official, representative, or board on a question of law. Section 13. Sub-Local Agencies The Local Agency may subcontract for any part of the performance required under this Agreement, subject to the Local Agency first obtaining approval from the State for any particular Sub-local Agency. The State understands that the Local Agency may intend to perform some, or all of the services required under this Agreement through a Sub-local Agency. The Local Agency agrees not to assign rights or delegate duties under this Agreement or subcontract any part of the performance required under the Agreement without the express, written consent of the State, which shall not be unreasonably withheld. Except as herein otherwise provided, this agreement shall inure to the benefit of and be binding only upon the Parties hereto and their respective successors and assigns. Section 14. Entire Understanding Page 83 Routing #: 22-HAA-XC-00076 OLA #: 311002766 Page 7 of 13 This Agreement represents the complete integration of all understandings between the Parties and all prior representations and understandings, oral or written, are merged herein. Prior or contemporaneous addition, deletion, or other amendment hereto shall not have any force or affect whatsoever, unless embodied herein. Section 15. Third Party Beneficiaries Enforcement of this Agreement and all rights and obligations hereunder are reserved solely to the Parties, and not to any third party. Any services or benefits which third parties receive as a result of this Agreement are incidental to the Agreement, and do not create any rights for such third parties. SPECIAL PROVISIONS Section 16. The Special Provisions apply to all Agreements except where noted in italics A.STATUTORY APPROVAL. §24-30-202(1), C.R.S. This Contract shall not be valid until it has been approved by the Colorado State Controller or designee. If this Contract is for a Major Information Technology Project, as defined in §24-37.5-102(2.6), then this Contract shall not be valid until it has been approved by the State’s Chief Information Officer or designee. B.FUND AVAILABILITY. §24-30-202(5.5), C.R.S. Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. C.GOVERNMENTAL IMMUNITY. Liability for claims for injuries to persons or property arising from the negligence of the State, its departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes. D.INDEPENDENT CONTRACTOR Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State. Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Contractor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Contract. Contractor shall (i) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (ii) provide proof thereof when requested by the State, and (iii) be solely responsible for its acts and those of its employees and agents. E.COMPLIANCE WITH LAW. Contractor shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws Page 84 Routing #: 22-HAA-XC-00076 OLA #: 311002766 Page 8 of 13 applicable to discrimination and unfair employment practices. F.CHOICE OF LAW, JURISDICTION, AND VENUE. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this Contract shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver. G.PROHIBITED TERMS. Any term included in this Contract that requires the State to indemnify or hold Contractor harmless; requires the State to agree to binding arbitration; limits Contractor’s liability for damages resulting from death, bodily injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio. Nothing in this Contract shall be construed as a waiver of any provision of §24-106-109 C.R.S. Any term included in this Contract that limits Contractor’s liability that is not void under this section shall apply only in excess of any insurance to be maintained under this Contract, and no insurance policy shall be interpreted as being subject to any limitations of liability of this Contract. H.SOFTWARE PIRACY PROHIBITION. State or other public funds payable under this Contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term of this Contract and any extensions, Contractor has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Contract, including, without limitation, immediate termination of this Contract and any remedy consistent with federal copyright laws or applicable licensing restrictions. I.EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507, C.R.S. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Contract. Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor’s services and Contractor shall not employ any person having such known interests. J.VENDOR OFFSET AND ERRONEOUS PAYMENTS. §§24-30-202(1) and 24-30- 202.4, C.R.S. [Not applicable to intergovernmental agreements] Subject to §24-30-202.4(3.5), C.R.S., the State Controller may withhold payment under the State’s vendor offset intercept system for debts owed to State agencies for: (i) unpaid child support debts or child support arrearages; (ii) unpaid balances of tax, accrued interest, or other charges specified in §§39-21-101, et seq., C.R.S.; (iii) unpaid loans due to the Student Loan Division of the Department of Higher Education; (iv) amounts required to be paid to the Unemployment Compensation Fund; and (v) other unpaid debts owing to the State as a result of final agency determination or judicial action. The State may also recover, at the State’s discretion, payments made to Contractor in error for any reason, including, but not limited to, overpayments or improper payments, and unexpended or excess funds received by Contractor by deduction from subsequent payments under this Contract, deduction Page 85 Routing #: 22-HAA-XC-00076 OLA #: 311002766 Page 9 of 13 from any payment due under any other contracts, grants or agreements between the State and Contractor, or by any other appropriate method for collecting debts owed to the State. K.PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq., C.R.S. [Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Contract, through participation in the E-Verify Program or the State verification program established pursuant to §8-17.5-102(5)(c), C.R.S., Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a Subcontractor that fails to certify to Contractor that the Subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor (i) shall not use E-Verify Program or the program procedures of the Colorado Department of Labor and Employment (“Department Program”) to undertake pre-employment screening of job applicants while this Contract is being performed, (ii) shall notify the Subcontractor and the contracting State agency or institution of higher education within 3 days if Contractor has actual knowledge that a Subcontractor is employing or contracting with an illegal alien for work under this Contract, (iii) shall terminate the subcontract if a Subcontractor does not stop employing or contracting with the illegal alien within 3 days of receiving the notice, and (iv) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to §8-17.5-102(5), C.R.S., by the Colorado Department of Labor and Employment. If Contractor participates in the Department program, Contractor shall deliver to the contracting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that Contractor has examined the legal work status of such employee, and shall comply with all of the other requirements of the Department program. If Contractor fails to comply with any requirement of this provision or §§8-17.5-101, et seq., C.R.S., the contracting State agency, institution of higher education or political subdivision may terminate this Contract for breach and, if so terminated, Contractor shall be liable for damages. L.PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101, et seq., C.R.S. Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that Contractor (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) shall comply with the provisions of §§24-76.5-101, et seq., C.R.S., and (iii) has produced one form of identification required by §24-76.5-103, C.R.S. prior to the Effective Date of this Contract. Page 86 Routing #: 22-HAA-XC-00076 OLA #: 311002766 Page 10 of 13 THE PARTIES HERETO HAVE EXECUTED THIS INTERGOVERNMENTAL AGREEMENT *Persons signing for the Local Agency hereby swear and affirm that they are authorized to act on the Local Agency’s behalf and acknowledge that the State is relying on their representations to that effect. LOCAL AGENCY: STATE OF COLORADO: TOWN OF ESTES PARK Jared S. Polis, GOVERNOR By:_________________________ Title:________________________ Date:________________________ LOCAL AGENCY: (A Local Agency attestation or approval, if required.) By:_________________________ Title:________________________ Date:________________________ LOCAL AGENCY: (A Local Agency attestation or approval, if required.) By: Title: Town Attorney Date: April 28, 2022 Page 87 Routing #: 22-HAA-XC-00076 OLA #: 311002766 Page 11 of 13 MAPS OF PARKING AREAS: Estes Park Visitors Center, Town of Estes Park, Colorado: RTD US 36 and Sheridan Boulevard Park and Ride, Westminster, Colorado: Page 88 Routing #: 22-HAA-XC-00076 OLA #: 311002766 Page 12 of 13 RTD Denver Union Station, Denver, Colorado: Elkstang 2021 US 36 and Table Mesa Station: Green = westbound, Blue = eastbound Page 89 Routing #: 22-HAA-XC-00076 OLA #: 311002766 Page 13 of 13 Lyons Park and Ride: Depicted by white dot at 4th Avenue and Broadway RMNP – Park & Ride Facility: Page 90 Town Administrator’s Office Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jason Damweber Date: May 10, 2022 RE: Resolution 39-22 - Contract for Housing Needs Assessment and Strategic Plan with Root Policy Research (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Approve contract with Root Policy Research to conduct a Housing Needs Assessment and prepare a Housing Strategic Plan. Present Situation: The last Housing Needs Assessment for the Estes Valley was conducted in 2016 and the information is now outdated. An updated Housing Needs Assessment will provide useful information on housing needs and how they have changed since the previous assessment was completed. A Strategic Plan will help guide the community in its effort to continue to meet housing needs. This project is in collaboration with the Estes Park Housing Authority (EPHA) and will be coordinated with the Comprehensive Plan process. The Town conducted a competitive request for proposals (RFP) process and received three proposals. A review team evaluated the proposals based on the criteria presented in the RFP and determined that Root Policy Research, based out of Denver, was the best suited to partner with the Town on the project. The other two proposals, which were also impressive in their own right, were submitted by Ayres & Associates (based out of Fort Collins) and Urban Partners (based out of Philadelphia). Proposal: Town staff proposes that the Town Board award a contract to Root Policy Research through the attached resolution. Advantages: •Awarding the contract to Root Policy Research supports the review committee’s recommendation to the Board. Page 91 •The proposal submitted by Root Policy Research demonstrates their ability to meet the needs of the Town with respect to a new Housing Needs Assessment and Strategic Plan. •The contract will meet the Department of Local Affairs grant requirement supporting this project. Disadvantages: •None. Action Recommended: Staff recommends approval of Resolution 39-22. Finance/Resource Impact: Budget account number: 101-1945-419.22-98 Fund name: 22HSN Project name: Estes Park Housing Needs Assessment and Strategic Plan Contract amount: $72,990 ($51,000 from DOLA Grant; $21,990 in Town Matching Funds) Level of Public Interest Moderate Sample Motion: I move for the approval/denial of Resolution 39-22 Attachments: 1.Resolution 2.Contract 3.Contract Documents (RFP, Addenda, Consultant Proposal) Page 92 RESOLUTION 39-22 APPROVING A PROFESSIONAL SERVICES CONTRACT WITH ROOT POLICY RESEARCH FOR A HOUSING NEEDS ASSESSMENT AND STRATEGIC PLAN WHEREAS, the need for housing for local employees has been recognized as an issue for decades; and WHEREAS, housing needs assessments have been periodically conducted by the Town and Estes Park Housing Authority since the 1990s with the last iteration completed in 2016; and WHEREAS, the data and information yielded from the 2016 housing needs assessment is now outdated and new, updated information is desired in order to help local decisionmakers better understand housing needs; and WHEREAS, in addition to understanding needs, it would be beneficial to have housing experts assist in the development of a strategic plan to address the identified needs; and WHEREAS, a request for proposals (RFP) was issued by the Town in March 2022 to identify a firm to conduct a new housing needs assessment and develop a strategic plan; and WHEREAS, of the three proposals received in response to the RFP, an evaluation committee recommended awarding a contract to Root Policy Research; and WHEREAS, the Town of Estes Park desires to enter into a contract with Root Policy Research to conduct a Housing Needs Assessment and Housing Strategic Plan. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves, and authorizes the Mayor to sign, the professional services contract referenced in the title of this resolution in substantially the form now before the Board. DATED this day of , 2022. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 Page 93 _______,g,____� - TOWN OF ESTES PARK_ PROFESSIONAL SERVICES CONTRACT Estes Park Housing Needs Assessment and Housing Strategic Plan The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and Root Policy Research (Consultant or Contractor), a Colorado Corporation, whose address is 6740 East Colfax A venue, Denver, Colorado 80220 make this Contract this _____ day of _________ , 2022, 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 Contract. 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 amendments executed after execution of this Contract, are: 2.1 Change Orders; 2.2 Notice to Proceed; 2.3 This Contract; 2.4 The following Addenda, if any: Name Da� RFP-Attachment A March 3, 2022 Page(s) 1 2.5 Request for Proposals (RFP), containing 20 pages, dated March 3, 2022; 2.6 Consultant's Cost Proposal, containing 1 page, dated April 1, 2022; 2. 7 Consultant's Proposal, containing 30 pages, dated April 1, 2022; and Attachment 2 Page 94 2.8 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, as outlined in the Consultant's Proposal in accordance with expectations outlined in the RFP. 5 PRICE: The Town will pay Consultant for the performance of this Contract, not to exceed $72,990, as the Price for the total Services performed as stipulated in Consultant's Proposal. This Contract does not create 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 Contract are contingent upon appropriation, budgeting, and availability of specific funds to discharge such obligations. 6 TIME OF PAYMENTS TO CONSULT ANT: The Consultant shall bill its charges to the 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 Services since the previous bill, a brief description of the Services provided by each such employee, and an itemization of direct expenses. The Town will pay each such bill which it finds to be in accordance with this Contract within forty-five days of its receipt. If Town questions any part of a bill, finds any part of a bill does not conform to this Contract, 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 Contract. Notwithstanding any other terms of this Contract, 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 Contract or any of the Contract Documents. 7.3 Any part of such payment is attributable to Services not conforming to this Contract. (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 Contract. Town ofEstes Park Professional Services Contract --Page 2 of 13 Page 95 8 CONSULTANT'S DUTIES: 8.1 Town enters into this Contract 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 Contract. 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. 8.3 Consultant's Services under this Contract 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 Contract. Town approval of defective drawings and 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 Contract, as Town requires. Town will give reasonable notice of any such meetings, so Consultant may attend. 8. 7 As applicable state and federal laws may require, Consultant will assign only persons duly licensed and registered to do work under this Contract. 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. Town ofEstes Park Professional Services Contract --Page 3 of 13 Page 96 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 the Consultant on the Town's requirements in a timely manner. 9.2 Town will assist the 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 the Consultant to Town for feedback, input, edits and decisions. Town will obtain the advice 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 the Town's policies and decisions on the 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 The Consultant will keep record copies of all work product items delivered to the 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 subconsultants under this Contract 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 Town ofEstes Park Professional Services Contract --Page 4 of 13 Page 97 conveys to Town and waives all rights, title and interest to all such materials in written, electronic or other form, prepared under this Contract. Town shall have worldwide reprint and reproduction rights in all forms and in all media, free of any claims by the Consultant or its subconsultants 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 Contract 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 Contract 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 Contract, Consultant's verification or adaptation of design documents will entitle Consultant to additional compensation at such rates as the 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 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 or by email to their authorized representatives ( or their successors) at the addresses listed below: TOWN OF ESTES PARK: Jason Damweber Assistant Town Administrator 170 MacGregor A venue PO Box 1200 Estes Park, CO 80517 CONSULTANT: Mollie Fitzpatrick Managing Director, Root Policy Research 6740 East Colfax Avenue Denver, CO 80220 14 COMPLIANCE WITH LAW: Consultant will perform this Contract 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 Contract. 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, Town ofEstes Park Professional Services Contract --Page 5 of 13 Page 98 or decrees 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: The 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. Anyone conducting business in the Town of Estes Park is required a business license which can be obtained from the Town Clerk's Office. 16 PATENTED DEVICES, MATERIALS AND PROCESSES: The Consultant shall hold and save harmless the Town from all claims for infringement, by reason of fee use of any patented design, device, material, process, or trademark or copyright and shall indemnify the 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 Contract 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, 1 7 .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. 17 .3 General liability, including contractual liability, of at least $1,000,000 per each occurrence plus an additional amount adequate to pay related attorney's fees and defense cost. 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 Contract. 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 Contract 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 the Town, its officers or Town ofEstes Park Professional Services Contract --Page 6 of 13 Page 99 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 in 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 Contract, before beginning work under this Contract, 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 170 MacGregor A venue PO Box 1200 Estes Park, CO 80517 Attention: Jason Damweber 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 days prior written notice to the Town. General liability 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 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 designated person responsible for risk management of any reduction or exhaustion of aggregate limits, which Town may deem to be a breach of this Contract. 17 .11 The Town relies on, and does not waive or intend to waive, by any provision of this Contract, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act,§ 24-10-101 et §.sill., C.R.S., Town ofEstes Park Professional Services Contract --Page 7 of 13 Page 100 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 the 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 the 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 Contract 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 the 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. 18.3 As part of this indemnity obligation, the Consultant shall compensate the Town for any time the Town Attorney's Office and other counsel to the 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 the 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 the Town in any capacity. Consultant's officers, employees and Town ofEstes Park Professional Services Contract --Page 8 of 13 Page 101 agents are not entitled to Workers' Compensation benefits from the Town, and Consultant 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 Contract. 22 NO THIRD-PARTY BENEFICIARIES: The parties intend no third-party beneficiaries under this Contract. 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 subconsultants' and subcontractors' employees) from the 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 W AIYER: 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 its effective date, and shall continue through December 31, 2022, or upon receipt of all required deliverables as outlined in the RFP if prior to December 31, 2022. 26 TERMINATION: 26.1 In addition to any other available remedies, either party may terminate this Contract if the other party fails to cure a specified default within seven (7) days of receiving 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. The 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 Town ofEstes Park Professional Services Contract --Page 9 of 13 Page 102 satisfactorily completed, to the date of termination. The Town shall determine the portion of work completed. 26.3 If either party so terminates, the Consultant shall promptly deliver to the 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 Contract up to and including the date of termination. 27 SUSPENSION: Without terminating or breaching this Contract, the Town may, at its pleasure, suspend fee services of the Consultant hereunder. Town may effect suspension by giving the Consultant written notice one (1) day in advance of the suspension date. Upon receipt of such notices the Consultant shall cease their work as efficiently as possible, to keep total charges to a minimum. The Town must specifically authorize any work performed during suspension. Since suspension and subsequent reactivation may inconvenience the Consultant, Town will endeavor to provide advance notice and minimize its use. After a suspension has been in effect for thirty days, the Consultant may terminate this Contract at will. 28 ASSIGNMENT AND DELEGATION: Except as stated, neither party may assign its rights or delegate its duties under this Contract without the express written approval of the other. 29 SUBCONTRACTING: Except subconsultant clearly identified and accepted in the Contractor's Proposal, Consultant may employ subconsultants 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 subconsultants. 30 GOVERNING LAW AND VENUE: The laws of the State of Colorado shall govern enforcement and interpretation of this Contract. 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 Contract for the respective parties. 32 INTEGRATION: There are no other agreements on the same subject than expressly stated or incorporated in this Contract. 33 EMPLOYEES, CONTRACTORS AND SUBCONTRACTORS: Contractor shall not knowingly employ or contract with a worker without authorization to perform work under this Contract. Contractor shall not knowingly contract with a subcontractor that (a) knowingly employs or contracts with a worker without authorization to perform work under this Contract or (b) fails to certify to the Contractor that the subcontractor will not knowingly employ or contract with a worker without authorization to perform work under this Contract. Town of Estes Park Professional Services Contract --Page 10 of 13 Page 103 34 VERIFICATION REGARDING WORKERS WITHOUT AUTHORIZATION: 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 a worker without authorization, the Contractor shall, unless the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with a worker without authorization: (a)notify the subcontractor and the Town within three (3) days that the Contractor has actual knowledge that the subcontractor is employing or contracting with a worker without authorization; 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 a worker without authorization, the subcontractor does not stop employing or contracting with the worker without authorization. 37 DUTY TO COMPLY WITH STATE INVESTIGATION: Contractor 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). 38 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 Contract, if the 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 the Town. Signature pages follow. Town of Estes Park Professional Services Contract --Page 11 of 13 Page 104 CONSULTANT State of Co lo [O\.Q 0 Countyof QfY\\/{r ) ) ss ) The foregoing instrument was acknowledged before me by Ho\\\ e £it:z:e;rt:rie'4-, as J.dC\V\Q�-, n0 D y--e_cto( of (2.cot-R> � \ C\{ P..es1arc�' a Colorado corporation, on behalf of the corporation, this-� day of A::Pr \ l , 2022. Witness my hand and official Seal. My Commission expire s _ __._I ,'-+-, +-l e .... ·'-j/f-,....,,-Z-(J_Z)_s_,c_ __ SILVIA FERNANDA RAMIREZ OLMOS NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20174031307 MY COMMISSION EXPIRES 11/18/2025 S l \Vi a r?am t r-ez. Notary Public Town of Es/es Park Professional Services Contract --Page· 12 of 13 Page 105 TOWN OF ESTES PARK: By: ___________ _ Date Title: -------------- State of ___________ ) ) ss County of __________ ) The foregoing instrument was acknowledged before me by _________ , as ___________ of the Town of Estes Park, a Colorado municipal corporation, on behalf of the corporation, this ___ day of __________ � 2022. Witness my hand and official Seal. My Commission expires _________ _ Notary Public APPROVED AS TO FORM: Town Attorney Town of Estes Park Professional Services Contract --Page 13 of 13 Page 106 Estes Park Housing Needs Assessment & Strategic Plan RFP 1 REQUEST FOR PROPOSALS Estes Park Housing Needs Assessment & Strategic Plan March 3, 2022 Peak View Apartments, Estes Park Housing Authority Proposals due by 2:00 pm Mountain Time, Thursday April 1, 2022 Town of Estes Park Estes Park, Colorado Supported with a grant from the Colorado Department of Local Affairs for Innovative Housing Planning Grant Program (IHOP PLN003) Attachment 3 Page 107 Estes Park Housing Needs Assessment & Strategic Plan RFP 2 Contents INTRODUCTION AND INFORMATION .................................................................................... 4 GENERAL INFORMATION ............................................................................................................................................... 4 COMMUNITY INFORMATION ........................................................................................................................................ 6 INSTRUCTIONS ............................................................................................................................ 7 INQUIRIES AND CORRECTIONS ................................................................................................................................... 7 SUBMITTAL INFORMATION .......................................................................................................................................... 7 LATE PROPOSALS ............................................................................................................................................................... 7 CONFIDENTIAL MATERIAL ............................................................................................................................................ 8 DEFINITION CONTEXT ..................................................................................................................................................... 8 CONDITIONS OF PROPOSAL SUBMITTAL ................................................................................................................ 8 PROPOSED SCHEDULE ..................................................................................................................................................... 9 PRE-PROPOSAL MEETING .............................................................................................................................................. 9 PROPOSAL INFORMATION REQUESTED ............................................................................... 9 RESPONSE TO THE RFP ................................................................................................................................................... 9 COST INFORMATION....................................................................................................................................................... 10 MANDATORY REQUIREMENTS .................................................................................................................................. 10 SCOPE OF SERVICES ................................................................................................................ 10 REQUIRED COMPONENTS ............................................................................................................................................ 10 APPLICATION OF FINDINGS ........................................................................................................................................ 11 SPECIFICATIONS ............................................................................................................................................................... 11 HOUSING NEEDS ASSESSMENT .................................................................................................................................. 11 Demographic Data ....................................................................................................................................................... 11 Economic Conditions .................................................................................................................................................. 12 Housing Stock and Trends ....................................................................................................................................... 12 Homeownership Market ........................................................................................................................................... 12 Rental Housing Market .............................................................................................................................................. 12 Special Populations ..................................................................................................................................................... 12 Gap Analysis ................................................................................................................................................................... 13 Barriers Analysis .......................................................................................................................................................... 13 STRATEGIC PLAN ............................................................................................................................................................. 13 PROCESS ............................................................................................................................................................................... 13 DATA, INFORMATION AND MATERIALS ................................................................................................................ 14 PUBLIC OUTREACH ......................................................................................................................................................... 14 Page 108 Estes Park Housing Needs Assessment & Strategic Plan RFP 3 CRITERIA AND EVALUATION ............................................................................................... 15 RESOURCES ............................................................................................................................... 17 Attachments .................................................................................................................................. 18 Exhibits ......................................................................................................................................... 18 Page 109 Estes Park Housing Needs Assessment & Strategic Plan RFP 4 INTRODUCTION AND INFORMATION GENERAL INFORMATION The Town of Estes Park (Town) is seeking a qualified Consultant through this Request for Proposals (RFP) to design, implement, and complete a Housing Needs Assessment and produce a Housing Strategic Plan. The last Housing Needs Assessment was conducted in 2016. The Town is the recipient of a Department of Local Affairs (DOLA) planning grant and is conducting this project in partnership with the Estes Park Housing Authority (EPHA) with their housing knowledge and expertise. 1. Project Purpose b.Attract a professional services consultant through a solicitation that is open and competitive for affirmative steps to include minority and women owned businesses. c. The consultant shall provide an analysis of the current needs for housing options primarily of current and future community households, reported incrementally as to the Area Median Income (AMI) in Larimer County in Colorado. This shall include both year-round and seasonal needs, as well as needs of diverse individuals, families and communities. d. The consultant shall develop a set of recommendations to bridge identified gaps. e.The consultant shall produce a Strategic Plan to share with the community, elected and appointed officials, developers, and others interested in the housing market and needs. 2.Project Objectives a.Define the gap between the current housing options, and the number and type of housing needed by households in the community. b.Outline future trends and forecast housing needs based on available information and data. c.Develop a set of recommendations and strategies to guide future decisions regarding removal of regulatory barriers, resource allocation, and local policy and programmatic changes, implementation of which strategies will result in bridging those current and future gaps identified in this needs assessment. Note: The Town is conducting a Comprehensive Plan to continue through 2022. The selected Consultant will work with the Community Development Department and their consultant coordinating housing needs assessment effort to avoid duplication of work. Following the Comp Plan will be development and land use code update. d.Recommend procedures for data review for continuous updates. 3.Grant Information and requirements The grant awarded to the Town is funding from HB21-1271 Innovative Housing Planning Grant Program. Grant requirements include following: Page 110 Estes Park Housing Needs Assessment & Strategic Plan RFP 5 • The Strategic Plan shall align with the Town’s Comprehensive Plan, even as it is being developed. • The Consultant shall present final document of the Housing Needs Assessment and Housing Strategic Plan to the Town. • The Consultant shall recommend land use code and/or zoning text amendment language. • Town Staff shall report on which housing strategies were proposed in the application, exploration on the strategies being addressed during the needs assessment, and which strategies were adopted with links to code sections (at least one strategy must be adopted). See list of DOLA strategies attached (A). • The Consultant shall describe the community input process and its inclusiveness effort to address equity. • The Town Staff shall describe how the needs assessment results and plan has informed policy decision or approach; and include lessons learned. The Town is required to submit regular progress reports to DOLA. It is expected that the Consultant will present monthly progress reports as requested by the Town. Payment requests will include an invoice that sufficiently details completed tasks, consultant names, hours and rates. 4.Geographical Information The geographical target area is the Estes Park R-3 School district which includes the Town limits and surrounding unincorporated Larimer County and a portion of unincorporated Boulder County, Allenspark. There are several “communities” within this area including: Allenspark, Big Elk Meadows, Drake, Glen Haven, Pinewood Springs and Pole Hill. In some instances, it might be important to segregate data, i.e., Town limits or unincorporated Larimer and Boulder Counties. 5.Estes Park Housing Definitions For this Request for Proposals (RFP) the terms used for attainable and workforce housing are defined by the Municipal Code, § 11.4 [C]"Attainable" and "Workforce" Defined. For purposes of this Code and Chapter, "attainable housing units" and "workforce housing units" shall mean the following: [1]Renter-Occupied Attainable Housing Units. [a] Housing units that are attainable to households earning one hundred fifty percent (150%) of the Larimer County Area Median Income or below, adjusted for household size. [b] To qualify as attainable units, housing costs (i.e., rent and utility expenses) must not exceed thirty percent (30%) of the maximum income for an imputed household size based on one hundred fifty percent (150%) of the Larimer County Area Median Income.1 The imputed household size is equal to one and one-half (1.5) times the number of bedrooms in the unit. For example, rent on a two-bedroom unit would be equal to thirty percent (30%) 1 The Town Board may consider increasing this to 175% within the next couple of years. Page 111 Estes Park Housing Needs Assessment & Strategic Plan RFP 6 of the monthly income limit of a three-person family; for a three-bedroom unit the rent should not exceed thirty percent (30%) of the monthly income of a four-and-one-half-person family—the midpoint of the range of a four- and five-person family. [c] If the property owner does not pay all utility expenses, then a utility allowance, computed by the Estes Park Housing Authority, must be subtracted from the housing cost to determine the maximum rent. (Ord. 2-02 #9) [2]Owner-Occupied Attainable Housing Units. [a] Housing units that are attainable to households earning one hundred fifty percent (150%) of the Larimer County Area Median Income or below, adjusted for household size. [b] To qualify as attainable units, housing costs must not exceed forty percent (40%) of the one-hundred-fifty- percent Larimer County Area Median Income, adjusted for household size. (Ord. 2-02 #9) [3]Larimer County Area Median Income, Defined. The Larimer County Area Median Income is the current applicable area median income for Larimer County published by the U.S. Department of Housing and Urban Development. (Ord. 2-02 §9) [4]Workforce Housing. Housing units shall be eligible for the Maximum Permitted Density Bonus (Sec. 11.4.D) if at least one (1) resident in each housing unit annually submits an affidavit, including a copy of a W-2 form, to the Town certifying that the resident is employed within the Estes Park School District R-3 Boundary Map. (Ord. 2-02 §9; Ord. 28-16, § 1; Ord. 30-17 , § 1(Exh.)) COMMUNITY INFORMATION The Town of Estes Park is located 70 miles northwest of Denver, at the eastern entrance to Rocky Mountain National Park (RMNP). It is accessible from the east by U.S. Highways 34 and 36; and Colorado Highway 7 from the south. Estes Park is located in a mountain valley and is considered a destination community with an economy that is largely dependent on tourism. The 2020 Census data indicates the Town’s permanent resident population at 5,904. The Estes Valley population is approximately 11,000. The community includes several special districts including Fire, Hospital, Library, Recreation, Sanitation, Schools and Marketing District. Estes Park is the primary gateway community to RMNP. In 2020, RMNP was the fourth most visited national park in the country even with the pandemic and two major wildfires which impacted RMNP and the Estes Valley. The Estes Valley hosts millions of visitors each year and the tourist “season” now extends from early spring into late fall and includes busy weekends throughout the winter. RMNP has documented 4.5 million visitors and 80 percent enter through the two main east entrances through Estes Park. However, Visit Estes Park, the local marketing district has data indicating that a significant number of visitors do not go into RMNP rather Estes Park is their destination. Page 112 Estes Park Housing Needs Assessment & Strategic Plan RFP 7 INSTRUCTIONS INQUIRIES AND CORRECTIONS If a Consultant submitting a proposal finds discrepancies in or omission from this RFP, or should require additional clarification, a written request for interpretation will be made by written addendum and will become part of the RFP and Consultant Contract. The Town will not be responsible for the accuracy of any VERBAL or ORAL EXPLANATIONS, INTERPRETATIONS, or REPRESENTATIONS. All inquiries shall be made in writing and all responses will be provided in writing as an addendum. To be given consideration, inquiries must be received according to the Proposed Schedule in this RFP. All addenda will be available on the Rocky Mountain E-Purchasing System (BidNet) (www.rockymountainbidsystem.com) and EPHA’s website at www.esteshousing.org. The Town cannot guarantee accurate information obtained from sources other than the Rocky Mountain E- Purchasing System and EPHA website. It shall be the responsibility of each proposing Consultant to verify that all addenda have been received prior to submitting proposals, and to acknowledge the addenda in the space provided on Exhibit 1 Acceptance of Conditions Statement, which shall be submitted with their proposal. All inquiries relating to this RFP shall be addressed in writing via email message to: Jason Damweber Town of Estes Park jdamweber@estes.org SUBMITTAL INFORMATION All proposals must be received according to the Proposed Schedule presented in this RFP. Proposals must be submitted electronically through one of the following means: email to Jason Damweber, jdamweber@estes.org or submitted to Rocky Mountain e-Purchasing (BidNet). Rocky Mountain e-Purchasing offers both “free” and “paying” registration options that allow for full access of documents and for electronic submission of proposals. Please note that “free” registration may take up to 24 hours to process. Please plan accordingly. https://www.bidnetdirect.com/colorado No paper copies of proposals will be accepted. LATE PROPOSALS Late proposals will not be accepted. Any proposals received after the submission deadline will not be opened. Page 113 Estes Park Housing Needs Assessment & Strategic Plan RFP 8 CONFIDENTIAL MATERIAL All materials submitted in response to this RFP shall ultimately become public record and shall be subject to inspection after contract award. “Proprietary or Confidential Information” is defined as any information that is not generally known to competitors and which provides a competitive advantage. Unrestricted disclosure of proprietary information places it in the public domain. Only submittal information clearly identified with the words “Confidential Disclosure” and uploaded as a separate document shall establish a confidential, proprietary relationship. Any material to be treated as confidential or proprietary in nature must include a justification for the request. The request shall be reviewed and either approved or denied by the Town. If denied, the proposer shall have the opportunity to withdraw its entire proposal, or to remove the confidential or proprietary restrictions. Neither cost nor pricing information nor the total proposal shall be considered confidential or proprietary. DEFINITION CONTEXT Unless otherwise specified in this document, all words shall have a common meaning unless the context in which they are used clearly requires a different meaning. Words in the singular number include the plural, and in the plural include the singular. CONDITIONS OF PROPOSAL SUBMITTAL 1. The proposal must be signed by a duly authorized official of the proposing Consultant submitting the proposal. 2. No proposal will be accepted from any person, Consultant or corporation that is in arrears for any obligation to the Town and EPHA, or that otherwise may be deemed irresponsible or unresponsive by the Town and EPHA staff or Boards. 3. Only one proposal will be accepted from any one person, Consultant or corporation. 4. The Town reserves the right to reject any and all proposals or any part thereof. The right is reserved to waive any formalities or informalities contained in any proposal, and to award a contract to the most responsive and responsible proposing Consultant as deemed in the best interest of the Town and supporting organization providing financial assistance to this project. 5. All proposals shall be prepared in a comprehensive manner as to content, but no necessity exists for expensive or promotional materials. An electronic version of the proposal is required. 6. All costs incurred in the preparation of this proposal shall be borne solely by the proposing Consultant. 7. The Town reserves the right to negotiate final terms with the selected proposer that may vary from those contained in the RFP and addenda. 8. The Town reserves the right to request and contact a client list from the proposer, for the purpose of determining potential conflicts of interest. This list shall be considered proprietary. Page 114 Estes Park Housing Needs Assessment & Strategic Plan RFP 9 PROPOSED SCHEDULE Request for Proposals Open, Advertisement March 3, 2022 Optional pre-proposal meeting, 2:00 pm Mountain Time (virtual meeting using Google Meet, see connection information below) March 17, 2022 Final questions due, 2:00 pm Mountain Time March 22, 2022 Final addenda released March 24, 2022 Proposals due, 2:00 pm Mountain Time (electronic format) April 1, 2022 Proposal evaluation and negotiation (estimated time frame) April 4 – 11, 2022 Consultant selection recommendation (consultant notification and prepare recommendation for Town Board) (estimated time frame) April 13, 2022 Anticipated contract execution, following Town Board approval (May 10, 2022) May 11, 2022 Anticipated project start date no later than: June 1, 2022 Anticipated project completion date, final Plan accepted by the Town and EPHA Boards November 22, 2022 PRE-PROPOSAL MEETING The optional pre-proposal meeting will be held VIRTUALLY on Google Meet platform per the Proposed Schedule. Consultants wishing to participate in this meeting can connect via this information: Meeting ID: meet.google.com/byj-dzse-hjc Phone number: 413-327-2362 PIN: 287 674 441# Participants are required to provide their name, firm, phone number and email address to participate in this meeting which can be submitted to Jason Damweber, jdamweber@estes.org, or included in the chat during the meeting. PROPOSAL INFORMATION REQUESTED RESPONSE TO THE RFP The proposer shall address each item of the following sections and meet the mandatory requirements. 1. Cover letter with pertinent information regarding proposer. 2.Brief summary of the proposal, an executive summary. 3. Statement of understanding. 4. Proposed approach that addresses the Scope of Services. 5.Qualifications and experience in similar and relevant projects. 6. Organizational chart of the project team, including any subconsultants. 7. Brief biographical sketches or resumes and other information substantiating the Page 115 Estes Park Housing Needs Assessment & Strategic Plan RFP 10 qualifications, expertise, and experience of the project team. 8. Name of person who will act as primary contact person for the Consultant’s work, including primary phone number and email contact information. 9.Preliminary project schedule that outlines project tasks. 10.References, with a list of at least three clients for whom the Consultant has performed similar services in the past three years, with an explanation of those services and contact information. 11. A brief statement of compliance with conditions presented in this RFP. 12. Completed Exhibits 1 and 2. COST INFORMATION Compensation, fee schedule, detailed costs, and proposed budget: The Consultant’s proposed costs shall be submitted as a separate document, clearly labeled and identified as COST PROPOSAL. Cost and price should not be addressed in the body of the proposal. Costs will not be scored in the evaluation rather this is a qualification-based proposal. The estimated budget for this project shall not exceed $73,000. MANDATORY REQUIREMENTS Personnel: The successful proposer must be capable of providing adequate, knowledgeable personnel to fulfill the requirements of the proposed contract. Capability and capacity: The successful proposer must be financially capable and solvent in fulfilling the requirements of the proposed contract. The Town reserves the right to request financial statements from the proposer. The Consultant must be a legal entity and have the management and technical expertise to successfully complete the project. Registered on SAM.gov. The System for Award Management (SAM.gov) is an official website of the U.S. Government for registering to do business with the federal government. Registration is free. This site provides information on businesses that are suspended or disbarred from doing business with the federal government or work with federal funds. https://sam.gov/content/entity- registration Town Business License. Selected Consultant will be required to obtain a Town Business License, www.estes.org/businesslicensing SCOPE OF SERVICES REQUIRED COMPONENTS The Housing Needs Assessment shall include a demographic and economic framework; housing inventory; analysis of housing market conditions for both rental and homeownership; housing for special needs populations, seasonal workers, seniors, and the chronically homeless; housing stock in terms of location, type, and quality; gaps between identified housing need and housing Page 116 Estes Park Housing Needs Assessment & Strategic Plan RFP 11 supply; and other data as indicators. An important part of this project is to consider strategies that support housing development. This could be ordinances, land use codes, policies or other means. Addressing barriers is an expected part of the DOLA grant and the list of strategies is attached (A). Each element should include information for the Estes Valley (community) and Estes Park (municipality), and by census tract wherever possible. The Strategic Plan shall consist of the information and data from the Needs Assessment, and policy and practice recommendations for near-term and long-term strategies for meeting housing needs. These recommendations shall be specific and focus on implementation by the Town, EPHA and partner organizations. APPLICATION OF FINDINGS The desired outcome of the Housing Needs Assessment and Housing Strategic Plan is to provide data and analysis that will be used to: •Learn about funding resources. •Identify trends in the local housing market and gaps between need and supply. •Provide specific recommendations for implementing strategies to address near-term and long-term housing needs. SPECIFICATIONS The final scope of services will be the result of negotiations between the Town, EPHA and the selected Consultant as to how to best meet the goals for this project. The Housing Needs Assessment and Housing Strategic Plan should include, but are not limited to, analysis of the following. Should one or more of this data be considered by the Consultant as irrelevant or superfluous to assessing housing needs or developing related strategies, please indicate this in the response. HOUSING NEEDS ASSESSMENT Demographic Data a.Population: age, ethnicity and race, special needs, educational attainment and/or other attributes. b. Households: size, income, employment, tenure, cost burden, single parents, changes in income associated with COVID-19 pandemic, and/or other pertinent information. c.Income, including source of households with a breakdown of renters and owners earning <30% of the AMI (very low income); 30% to 50% of the AMI (low income) 51% to 80% of the AMI (moderate income), 81% to 120% of AMI (middle income). There is discussion to extend this AMI to 121% to 175%. Page 117 Estes Park Housing Needs Assessment & Strategic Plan RFP 12 Economic Conditions a.Commuting patterns, current transit services and plans, people with no means of transportation. The Town operates the local transit service. b. Labor force, unemployment, employment trends, seasonal employment, single- and double-income households. c.Employers and sectors, projected job growth. d. Wage trends, earnings, relative cost of living. e.Impact of housing on recruiting and retaining employees. Housing Stock and Trends a.Housing stock by age, condition, type, density, tenure, accessibility, and location. b. Cost of construction by housing type. c.Overcrowding, habitability including and especially for service industry and seasonal workers. Housing qualifications: average 30 hours per week year-round. d. Units with incomplete plumbing and/or kitchen; year-round heat, water and other utilities or amenities. e.Building permits. f.Household access to reliable and affordable internet service. Homeownership Market a.Geographic dispersion of sales by price point. b. Payment delinquency and foreclosure. c. Rate of federal mortgage loans and loan applications. d.Homeownership rates and vacancy rates. e. Home prices, values, sales, and inventory. Rental Housing Market a.Geographic dispersion of rents by price point. b. Payment delinquency and eviction. c.Utility cost burden and utilities included in rent. d.Rates of rental assistance and rental assistance applications. e. Rental tenancy rates, vacancy rates, and median rent. f.Availability of deed-restricted affordable housing and rental assistance and waiting lists for rental assistance. g. Proportion of landlords accepting Housing Choice (“Section 8”) Voucher. h.Impacts of COVID-19 on renter’s cost burden. Special Populations a.Service industry and seasonal workers. b. Housing with supportive services for disabled and other populations. c.Homelessness and availability of transitional housing. d. Rate of housing assistance, TANF, and welfare receipt. e.Senior housing. Page 118 Estes Park Housing Needs Assessment & Strategic Plan RFP 13 Gap Analysis a. Demand forecast. b. Perceived needs for housing rehabilitation. c. Need-supply gap by household income, housing type, sub-geography, and tenure. d. Forecast of costs to close gaps in housing stock by 2040. Barriers Analysis a.Strategies list from DOLA, Attachment A. b. Regulatory provisions in the Zoning and Development Code and Building Code that have a direct impact on housing costs. c.Market forces impeding housing supply. d. Analysis of supply market, including costs for land, construction, utilities, and permitting fees, with geographical analysis. e.Households experiencing cost-burden and condition problems. f.Fair housing complaints. STRATEGIC PLAN Recommendations: See list of strategies from DOLA planning grant program, Attachment A; and consider the following: a.Impact of housing on the economy. b. Local, state, and federal and non-governmental funding sources. c.Numerical targets. d. Recommendations for regulatory changes. e. Scalable strategies to address need-supply gaps. f.Strategies for public and private sector including EPHA, Town, developers, employers and others. g. Tools and strategies to promote workforce, affordable and attainable housing for very low-, low-, moderate-income households, and for middle-income housing. h. Tools and strategies to reduce non-rent cost burdens such as utility and commute costs. i.Increase resiliency from shocks and stressors. j.Propose options for the Town, EPHA and the community to stay current with housing needs and opportunities. k.Other strategies pertinent to the scope of this request and based on experience. PROCESS a.Coordinate with EPHA and Town (and Comprehensive Plan effort) to produce a project process outline (or work plan) and timeline. b.Facilitate a project kick-off meeting with stakeholders. c. Organize and facilitate stakeholder meetings. d. Present public outreach process and materials to stakeholders. e.Conduct public outreach. Page 119 Estes Park Housing Needs Assessment & Strategic Plan RFP 14 f.Compile data and information, analyze and organize for the Strategic Plan. g.Draft the Strategic Plan to be reviewed by stakeholders. h. Present information and draft Plan to the EPHA and Town Boards. i.Produce final Strategic Plan for Board acceptance. DATA, INFORMATION AND MATERIALS The Strategic Plan and other documents shall be of a quality that is suitable for public distribution, describing the nature of the project, research performed, findings, conclusions, and recommendations. As appropriate, the Consultant will provide Geographic Information Systems (GIS) based products to be included as part of the document and analysis, as well as quality graphical representations of findings. Data, reports, presentations, materials, documents shall be provided to EPHA and the Town in readable and usable formats such as Microsoft Office software (Word, Excel, PowerPoint, etc.), PDF and other software as appropriate. All items shall be provided in digital format and some requests may include a minimal number of paper copies. All proposals become the property of the Town and EPHA upon receipt and shall only be returned to the proposer at the Town’s option. Selection or rejection of the proposal shall not affect this right. The Town and EPHA shall have the right to use ideas or adaptations of the ideas contained in any proposal received in response to this RFP, subject to limitations outlined in the entitled II. D. CONFIDENTIAL MATERIAL. Disqualification of a proposal does not eliminate this right. PUBLIC OUTREACH The public outreach strategy is critical to the success of this project. The Town’s Public Information Officer will be engaged in this effort, reviewing and approving the schedule and materials. The design will include broad participation by a wide and representative interest with respect to demographics, including community and business members, elected and appointed officials, and others, as identified. The public engagement process could include traditional and innovative approaches such as the use of polling questions, topic-specific groups (public deliberation or community conversations), a project website, factsheets, online interactive platform, surveys, interviews, use of the existing social media accounts such as Facebook and Twitter, local newspapers, etc. The selected Consultant will have strong facilitation skills with respect to public engagement and demonstrated experience engaging traditionally harder to reach populations including those with English as their second language, and individuals and families with limited income and who work multiple jobs. Public engagement must be in compliance with any public health orders in Page 120 Estes Park Housing Needs Assessment & Strategic Plan RFP 15 place at the time. Flexibility will be important along with back up plans for in-person and virtual meeting options. Results from the public outreach effort will be made available to the public; and EPHA will assist in the disbursement of information. CRITERIA AND EVALUATION An evaluation team shall review all responses and select the proposal that best demonstrates the capability in all aspects to perform the scope of services, and possess the integrity and reliability that will ensure good faith performance. The Town reserves the right to include members of the community on the proposal review team. These individuals will serve in an advisory capacity as the Town is the responsible party to the funding source for this project. Only respondents who meet the qualification criteria will be considered. Therefore, it is imperative that the submitted proposal clearly indicates the Consultant’s ability to provide the services described herein. Evaluation table on the next page Page 121 Estes Park Housing Needs Assessment & Strategic Plan RFP 16 CRITERIA STANDARD POINTS Capability & Capacity Has the Consultant provided sufficient information proving their available means to perform the required scope? Has the Consultant provided information to meet insurance and other requirements? Does the Consultant provide information on their financial, technical, management and legal qualifications? Does the Consultant have the resources to successfully complete this project? 30 Scope Understanding & Approach Does the Consultant demonstrate a clear understanding of the purpose, intent and scope of this project? How well does the proposal describe an approach and implementation? Does the proposal include an effective approach to ensure the maximum feasible level of public engagement? Does the approach include traditional and innovative elements for public outreach? Is the public outreach approach unique for this community? How well does the proposal convey a basic understanding of planning issues and diverse interests that might be relevant to Estes Park? How will the Consultant incorporate their effort with the Town’s Comprehensive Plan process? 25 Experience & Qualifications What is the Consultant’s proven proficiency in the successful completion of similar projects? Do the Consultant’s proposed key staff members have the necessary qualifications for this project? Does the Consultant’s proposed key staff members have the experience, background, understanding, and project management experience to effectively administer and complete this project? 25 Availability & Schedule Are proposed project staff available for the duration of this project? Does the proposal include a schedule to complete tasks? 10 Proposal Adequacy Responsive to the RFP Is the proposal comprehensive, inclusive and conforms to the RFP? Is the proposal professionally presented? 10 Cost Cost is not scored as this is a qualification-based RFP. The project budget has been established. Submit costs separately. 0 Page 122 Estes Park Housing Needs Assessment & Strategic Plan RFP 17 RESOURCES There are many resources that will be important for the development of the Housing Strategic Plan. These include but not limited to the following: 1. 2016 Estes Park Area Housing Needs Assessment: https://www.colorado.gov/pacific/sites/default/files/atoms/files/Final%202016%20HNA %20Report.pdf 2. 2021 Comprehensive Planning, https://estespark.colorado.gov/comprehensiveplan 3. Current Town of Estes Park Comprehensive Plan, 1996 https://estes.org/comprehensiveplan 4. Development projects. Please see list on the Community Development Department webpage: https://estespark.colorado.gov/currentapplications 5. Estes Valley Economic Development Strategy, 2015, Avalanche Consulting https://www.estesparkedc.com/estes-park-edc-research-papers 6.Estes Valley Land Trust Open Space Plan, https://evlandtrust.org/wp- content/uploads/2021/03/Estes-Valley-Open-Space-Plan_Final.pdf 7. Housing and Childcare Task Force, https://estespark.colorado.gov/chtf 8.https://library.municode.com/co/larimer_county/codes/code_of_ordinances?nodeId=PTII LAUSCO 9. Land Use Codes https://library.municode.com/CO/estes_valley/codes/development_code 10. Larimer County Comprehensive Plan, 2019: https://www.larimer.org/sites/default/files/uploads/2019/larimercountycomprehensivepla n2019_vol1_0.pdf (www.larimer.org/planning/documents) 11. Town Annual Strategic Goals and Objectives, 2022, Town Board of Trustees, https://estes.org/strategicplan Stakeholders includes businesses and services Board of Realtors Estes Park Health (hospital) Estes Park School District includes K-12 grades Rocky Mountain National Park Stanley Hotel Estes Park Economic Development Corporation Visit Estes Park Estes Chamber of Commerce Several Town Advisory Boards And many others Page 123 Estes Park Housing Needs Assessment & Strategic Plan RFP 18 Attachments A-DOLA Housing Planning Grant Strategies Exhibits 1-Acceptance of Conditions Statement 2-Reference Authorization and Release Form 3-Town Professional Services Contract Page 124 Estes Park Housing Needs Assessment & Strategic Plan RFP 19 EXHIBIT 1 TOWN OF ESTES PARK ACCEPTANCE OF CONDITIONS STATEMENT No employee, elected or appointed official of the Town of Estes Park, or any such person’s spouse or dependent child has an existing or pending, direct or indirect, financial, ownership or personal interest in the proposing Consultant of this Request for Proposal, except as follows: I/we hereby agree to all instructions, terms and conditions, and specifications contained herein: I/we acknowledge receipt of the following Addenda: Proposing Consultant Address Telephone Number Submitted by (signature) Printed Name Title Date Page 125 Estes Park Housing Needs Assessment & Strategic Plan RFP 20 EXHIBIT 2 TOWN OF ESTES PARK REFERENCE AUTHORIZATION AND RELEASE FORM To: A Corporation By: , A Partnership whose address is (Proposer) An Individual Proposer hereby authorizes Town to perform such investigation of proposer as the Town deems necessary to establish the qualifications, responsibility and financial ability of proposer. By its signature hereon, proposer authorizes owner to obtain reference information concerning proposer and releases the party providing such information named above and the Town from any and all liability to proposer as a result of any such reference information provided. Proposer further waives any right to receive copies of reference information provided to the Town. An executed copy of this Reference Authorization and Release Form may be used with the same effectiveness as an original. By: Print Name: Title: Date: Page 126 RFP - Attachment A Project Strategies Estes Park Housing Needs Assessment and Strategic Plan Grant Application Project Strategies Select which qualifying strategies your community plans to pursue. None Use of vacant publicly owned real property within the local government for the development of affordable housing. Creation of a program to subsidize or otherwise reduce local development review or fees, including but not limited to building permit fees, planning waivers, and water and sewer tap fees, for affordable housing development Creation of an expedited development review process for affordable housing aimed at households the annual income of which is at or below 120% of the area median income of households of that size in the county in which the housing is located Creation of an expedited development review process for acquiring or repurposing underutilized commercial property that can be rezoned to include affordable housing units, including the preservation of existing affordable housing units Establishment of a density bonus program to increase the construction of units that meet critical housing needs in the local community With respect to water utility charges, the creation of processes to promote the use of sub- metering of utility charges for affordable housing projects and the creation of expertise in water utility matters dedicated to affordable housing projects X With respect to infrastructure, the creation of a dedicated funding source to subsidize infrastructure costs and associated fees related to publicly owned water, sanitary sewer, storm sewers, and roadways infrastructure Granting duplexes, triplexes, or other appropriate multi-family housing options as a use by right in single-family residential zoning districts X Classification of a proposed affordable housing development as a use by right when it meets the building density and design standards of a given zoning district X Authorizing accessory dwelling units as a use by right on parcels in single family zoning districts that meet the safety and infrastructure capacity considerations of local governments Allowing planned unit developments with integrated affordable housing units X Allowing the development of small square footage residential unit sizes Lessened minimum parking requirements for new affordable housing developments X Creation of a land donation, land acquisition, or land banking program X Additional policy or regulatory tools that provide novel, creative, or innovative incentives to affordable housing development Page 127 Root Policy Research 6740 E Colfax Ave, Denver, CO 80220 www.rootpolicy.com 970.880.1415 PREPARED FOR: CREATED Town of Estes Park 04/01/2022 Town of Estes Park Housing Needs Assessment & Strategic Plan Page 128 6740 EAST COLFAX AVE, DENVER, CO 80220| 970.880.1415 | WWW.ROOTPOLICY.COM April 1, 2022 Town of Estes Park Estes Park, Colorado submitted electronically to: Jason Damweber jdamweber@estes.org Re: Request for Proposals—Estes Park Housing Needs Assessment & Strategic Plan Dear Selection Committee: Root Policy Research (Root) is pleased to submit this proposal to the Town of Estes Park to complete a Housing Needs Assessment and Strategic Plan. This cover letter serves as both an introduction and executive summary and satisfies submission requirements #1 and #2. Root is a women-owned business based in Denver, Colorado with more than 20 years conducting housing market studies nationwide. Root Policy Research’s team has a proven track record of managing complex housing studies, with a focus on innovative approaches to address needs. A cornerstone of our work is our ability to analyze needs within different jurisdictions and submarkets—and to craft strategies unique to varying typologies within a region or market area. Root Policy Research (Root) is proposing as the prime contractor in partnership with OPS Strategies Williford LLC and as subconsultants, both of whom have specific expertise in resort community housing dynamics. OPS is also on the consultant team for the ongoing Estes Park Comprehensive Plan and will bring a shared understanding to both projects. As discussed in our proposal, we believe we are the optimal team for this study—and are very interested in being selected for this work—for several reasons:  For more than 20 years we have been involved at various levels with local policies associated with housing; rezonings and density bonuses; public investments and the impact on neighborhoods; housing challenges of the lowest income and most vulnerable residents; and housing and community development programs. As such, we would approach this work with a high level of knowledge about existing programs, policies, and challenges.  Our institutional knowledge of housing policy—what works, what is risky, how outcomes vary—is deep. We are not new to this increasingly complex industry. Page 129 PAGE 2  Our team has considerable experience with all facets of this work with extensive experience in similarly-sized, peer communities, grappling with the unique challenges of workforce housing in resort communities.  Our firm’s small size and strategic subcontractor partnerships mean we have a unique ability to manage our overhead, workload, and management. We can commit to adequately staffing this project.  We believe in this project for its ability to expand affordability, accommodate change, and promote equitable development.  We have great respect for public sector and housing authority staff and would be pleased to be a partner in this effort. Thank you for the opportunity to propose on this very important project. We hope to have the opportunity to work for you. Sincerely, Mollie Fitzpatrick Heidi Aggeler Managing Director Managing Director mollie@rootpolicy.com heidi@rootpolicy.com 970-880-1415 ext. 101 970-880-1415 ext. 102 Page 130 1 PROPOSED SCOPE OF SERVICES This section of the proposal satisfies submission requirements #3 and #4. PROJECT UNDERSTANDING Root Policy Research understands the desire the Town of Estes Park, Colorado to complete a well- researched and data-driven Housing Needs Assessment that will provide baseline data on housing needs as it relates to economic development and a clear, actionable Housing Strategic Plan to address the unique housing needs of the Estes Valley. This study will acknowledge and build upon recent, related efforts including:  The last Housing Needs Assessment conducted in 2016; and  The current Comprehensive Plan. We will work with the Community Development Department and their consultant in an effort to avoid duplication of work. As noted in the cover letter, OPS is a subconsultant on this proposal and is currently working on demographic and housing related components of the Comprehensive Plan, which provides ideal synergy between the two projects. Broadly speaking the study will result in the development of a housing needs assessment and actionable strategy for the Town of Estes Park, including a user-friendly, easily comprehendible, and graphic heavy assessment paired with a summary brochure or poster—which highlights study findings, goals, and objectives. SCOPE OF WORK Immediately after the notice to proceed, the Root Policy Research team would hold a virtual (Zoom or Teams) meeting with project management staff. At this meeting we would:  Review the scope of work stated in the RFP and how the proposed approach aims to accomplish each task;  Refine the proposed Scope of Work as needed;  Discuss existing research to inform the study and the types of data privately and publicly available for the analysis—e.g., permit data, assessor’s data;  Develop a list of stakeholders who should be engaged in the study and the form and timing of engagement; and  Discuss methods to promote the resident survey. Task I. Background Analysis, Inventory and Evaluation of Existing Conditions In this task, the consulting team would provide an inventory of existing conditions in the Estes Valley region and a review and summary of pertinent background information. The region will include the Town limits and surrounding unincorporated Larimer County and a portion of unincorporated Boulder County, Allenspark. There are several “communities” within this area including: Allenspark, Big Elk Meadows, Drake, Glen Haven, Pinewood Springs and Pole Hill. Where pertinent, the consultant team will segregate data, i.e., Town limits or unincorporated Larimer and Boulder Page 131 2 Counties. The analysis would include an analysis of historical and current data to establish the existing conditions and a summary of existing research that impacts the study and provides relevant background information.  Existing plans and documents and Comprehensive Plan Coordination. Root would examine the last Housing Needs Assessment conducted in 2016 and coordinate with the Community Development Department and their Comprehensive Plan consultant to avoid duplication of work. In addition, the consultant team will coordinate to review the Land Use Code to identify current policies and attitudes toward housing needs and any potential barriers to addressing housing needs.  Demographic and Census data: population trends and forecasts. Using Census and ACS data, Root would analyze recent trends in population, growth, race/ethnicity, household and family types, age, tenure, and other key demographic indicators. Root would utilize forecasts from the State Demography Office to provide the projections of population. This analysis would include key characteristics of households by tenure and will be presented along with a breakdown of renters and owners by area median income (AMI).  Economic factors. Using the Colorado Department of Labor data and other relevant sources, Root would analyze housing needs through an economic lens. This analysis would include key economic factors such as wages and household income, access to reliable and affordable internet service, jobs and employment forecasts, seasonality of jobs, and commuting patterns.  Housing stock and trends. This analysis would include an overview of the local housing stock by age, condition, type, density, tenure, accessibility, and location. Analysis of overcrowding, and habitability with emphasis on service industry and seasonal workers. Analyze trends in building permits and trends in costs of construction.  Homeownership market. Using Larimer County assessor data, we would analyze the geographic dispersion of recent home sales by price point and using mortgage data we will analyze mortgage loans and loan applications. Larimer County data will be used to analyze foreclosure activity in Estes Valley. Using ACS data and State Demography Office data we will analyze trends in homeownership rates, vacancy rates, home prices, values, and inventory.  Rental housing market. Using data on recent listings on apartment sites, including Craigslist, in addition to Census data we will analyze the geographic dispersion of rents by price point, vacancy rates, and median rent. In coordination with Estes Park Housing Authority (EPHA) we will analyze the availability of deed-restricted affordable housing and rental assistance and waiting lists for rental assistance, and the proportion of landlords accepting Housing Choice (“Section 8”) Voucher. Using data from the Colorado Judicial Branch we will analyze trends in Page 132 3 evictions. We will rely on common data sources as well as community engagement to assess the impacts of COVID-19 on renter’s cost burden.  Special populations. This analysis would include trends in needs, affordability, and availability of housing (i.e., transitional housing, housing with supportive services, etc.) for service industry and seasonal workers, senior residents, residents experiencing homelessness, and residents with disabilities.  Housing needs, including gaps and barriers analysis. Housing needs would be shown separately for workforce not currently being served by the market, very low income and special populations (e.g., persons with fixed incomes), senior populations (e.g., assisted living, life-care, retirees, and aging in place), persons with disabilities, Veterans, migrant workforce, and individuals needing transitional and/or supportive housing (e.g., existing justice system, foster care, or homelessness). Root uses a proprietary model that estimates the supportive service needs of subpopulations for Consolidated Plans. Using this model, we would provide estimates to stakeholders who work closely with subpopulations in our focus groups and “vet” our estimates. For solutions, we would draw on best practices for housing unique population types, including use of new, emergency vouchers funded by HUD; applicant screening and tenant selection policies; and forthcoming and new HUD tools.1 Root Policy Research would identify mismatches (i.e., gaps) in the rental and for-sale markets, including: How many renters are paying more than they can afford for rent? How many owners are paying more than they can afford to service the debt on their homes? How many rental subsidies/units are needed to alleviate this housing cost burden? How much do renters need to earn before they have a reasonable choice of homes to buy? What are the characteristics of those affordable homes? Where can residents working in various industries afford to rent? To buy? Root would also use a proprietary housing gaps model to quantify mismatches in supply and demand of rental and for-sale housing at different income levels and price points. We would adjust the gaps to account for the seasonally of employment and high rate of vacation homes and short term rentals in the region. We will use these baseline estimates to forecast costs to close gaps in housing stock by 2040. A barriers analysis will be conducted to identify regulatory provisions in the Zoning and Development Code and Building Code that have a direct impact on housing costs, as well as market forces impeding housing supply, including costs for land, construction, utilities, and permitting fees. Identifying barriers will be the first step in aligning the Housing Strategic Plan with the strategies list provided by DOLA. Deliverable: Existing Conditions and Housing Needs sections of the report in Word format. This deliverable would include a summary of findings for each section. 1 https://www.hud.gov/sites/dfiles/PA/documents/SOHUD_reentry_housing_letter.pdf Page 133 4 Task II. Public Participation and Outreach This task initiates the involvement of EPHA, the Town Council, Community Development Department and other agencies and Town staff to ensure their participation in the preparation and implementation of the Strategy. The development and implementation of the plan would be grounded in data analysis and would rely on meaningful engagement of community members, the development community, business leaders, neighborhood trustees, and various stakeholders to craft direction for the overarching vision of how to address housing needs in Estes Valley. One of Root Policy Research’s core strengths is comprehensive and creative community engagement related to housing choice, preferences, and vision. To engage the community of Estes Valley in the vision, goals, and strategy development—as well as to identify barriers in housing choice—we propose the following: 1)Key stakeholder discussions (12) with local lending institutions, developers, affordable housing representatives, government, businesses, and non-government organizations to identify the issues facing Estes Valley and its housing needs. 2)Facilitated meetings with the EPHA, Community Development Department, and Town Council (up to 6, virtual and in-person) to inform the development of vision and goals as well as prioritize proposed strategies to address identified needs. We have budgeted for a total of three in-person visits for such meetings. 3)A resident survey focusing on housing needs and solutions. The intent of the survey could be to generate additional ideas and concerns individuals may not feel comfortable discussing in a public forum. Surveys would be available in English and Spanish online through a link to SurveyMonkey and Root would provide a printable PDF for additional distribution by the town and its partners. Similar surveys designed by Root Policy Research have elicited resident perspectives on: Definition of community culture and how it relates to housing; Desire of residents to age in place or transition to other housing options; Concerns about residential growth and density and what this means for neighborhoods; Opportunities to increase quality of life or economic outcomes of residents. Desires for housing types to accommodate residents’ life cycles, including seniors who want to age in place or downsize and Millennials who desire to buy; and How those housing types relate to (or fail to accommodate) desired outcomes in housing affordability and suitability. For each of the engagement strategies above, Root Policy Research would prepare draft discussion guides (or surveys) for the town’s review prior to execution. Root would also incorporate findings related to housing needs and solutions from the Comprehensive Plan outreach process. Deliverable: Community Engagement section of the written report in Word format. This deliverable would include a summary of findings and figures presented in the report. Page 134 5 Task III. Strategy Development and Research In this task, the consulting team would provide guidance to the Town of Estes Park in finding solutions to address the results of Tasks I and II. Root would answer the following questions through this organizational strategy evaluation and research.  What options are available to address the housing needs in the study area? A review of resources available for affordable housing creation and other housing needs. The review would include an evaluation of existing financial resources, the types of properties that have been funded and/or created by the town, and how funds have been used to expand housing opportunity (Self Help Housing, rental assistance, Low Income Housing Tax Credits, USDA 514/516 Farm Labor, USDA 515 Rental Housing).  What are the regulatory barriers to production of affordable housing opportunities? An analysis of regulatory barriers to affordable housing development including administrative, land use, and zoning policies. This would include a best practice review of zoning strategies that allow the market to meet emerging market demands and incentivize developments that meet community goals and preferences.  What administrative, land use, and zoning policies should be changed? The team would evaluate and prioritize the regulatory barriers identified for the study area based on the housing needs identified in Tasks I and II. This analysis would help position the Town of Estes Park to seek state funding to further examine and refine their land use code.  What potential solutions are there for policy makers, non-profit organizations and the private sector (including residents, potential residents and developers) to consider to address identified housing needs and problems? A review of community and stakeholder engagement and proposed solutions collected throughout the course of the project. Potential solutions will be presented for consideration in addressing identified housing needs and problems.  How do strategies from DOLA’s planning grant program promote workforce, affordable and attainable housing for very low-, low-, moderate-income households, and for middle- income housing? An analysis of how such strategies can be scalable to meet the unique needs of the region, including calibration of numerical targets for Estes Valley. Deliverable: Strategy Evaluation section of the written report in Word format which summarizes the evaluation of the presented strategies. This deliverable would include a summary of findings and an excel file with data and figures presented in the report. Task IV. Implementation Strategies Based on the analysis conducted in Tasks I through III, the consulting team would advise the town on ways to implement draft recommendations evaluated in task III to address current and future housing needs. Strategies would be crafted carefully—and ensure that the actions taken are meaningful, have a lasting impact, and result in outcomes that lead to change. Our recommendations would include options for financing, physical improvements, regulatory and other relevant implementation tools including land use policies and zoning alternatives. Page 135 6 Root would focus on methods for implementation of selected strategies evaluated in Task III including:  Strategies for the creation and implementation of housing programs and development properties to meet the gaps identified in Task I;  Identification of potential revenue funding sources for operational subsidies for housing programs and revenue stream to produce units to meet area’s unmet housing needs. This does not include modeling or strategic evaluation of these potential sources. Deliverable: Implementation Plan section of the written report in Word format. This deliverable would include a summary of findings. This section of the report will be presented in both narrative and graphic form to facilitate understanding and guide future development decisions. Task V. Formulation of the Final Assessment Root will provide a report which will be the synthesis of efforts and research into providing the town with a workable, sound document, fine-tuned to the town’s needs and abilities to implement those needs. We will develop a draft Estes Valley Housing Needs Assessment report and executive summary for review by EPHA, the Town, and the public. After review, the consulting team would meet to discuss modifications to finalize the report. We understand that the findings of the draft and final study would be presented at public meetings. As identified in Task II Public Participation and Outreach, Root has budgeted for up to 6 total virtual or in person meetings with EPHA, Community Development Department and relevant Town staff, and Town Board. Deliverable: The final product will be an electronic, searchable PDF document that is user-friendly and easily accessible to a variety of audiences including the citizens and business community in Estes Valley. Root will minimize technical terminology and use graphics and maps to enhance the readability and ease-of-use of the Assessment. This deliverable would include an accessible executive summary, brochure or poster (condensing the findings, goals, and objectives of the Assessment), and a written report. Page 136 7 STATEMENT OF QUALIFICATIONS This section of the proposal satisfies submission requirement #5. Root Policy Research (Root) is proposing as the prime contractor in partnership with OPS Strategies Williford LLC and as subconsultants, both of whom have specific expertise in resort community housing dynamics. Root Policy Research is a women-owned consulting firm specializing in policy, economic, and community research and planning. We work with government, nonprofit, and private sector organizations to solve complex community challenges. Root Policy Research was founded in 2018 by two partners at BBC Research & Consulting (BBC), Heidi Aggeler and Mollie Fitzpatrick. Heidi joined BBC in 1998 and, during her 20 tenure at the firm, expanded BBC’s housing division into a nationally recognized fair housing consulting practice. Mollie has led the development of the data- and impact-modeling areas of the practice, in addition to expanding the firm’s policy focus into the areas of childcare, education, neighborhood-level equity, and economic mobility. WHAT WE DO  Housing Market Studies  Strategic Plans for Housing and Community Development  Assessments of Fair Housing/Analyses of Impediments to Fair Housing Choice  Economic Mobility Studies EXPERIENCE Years of Housing Market research = 19 Years of Fair Housing planning = 17 Years of Consolidated Plan experience = 28 Years of Economic Equity Research = 11 Organize. Plan. Study. OPS Strategies, a single-person LLC, assists communities, organizations, and landowners with strategic organization, planning, and study. OPS Strategies has worked with counties, towns, school districts, non-profits, and landowners to identify strategic solutions that fit community values, trends, and needs. Principal, Alex Norton, brings award-winning experience in comprehensive planning and public engagement as well as years of experience in affordable housing, trend analysis, growth management, and conservation development. As part of Alex's track record of success in finding affordable housing solutions, he was the project manager and lead author of the Jackson/Teton County Housing Action Plan. In addition to housing policy, he has worked on housing needs assessments in resort communities in Idaho, Colorado, Nevada, and California. He has written housing mitigation requirements. And, he has done strategic planning for affordable housing developers. Williford LLC. Willa Williford has turned a successful career in housing and community development into a consulting practice that works to create and maintain economically vibrant communities. Willa’s experience includes housing development, finance, asset management and operations in the public and private sectors. Willa is passionate about helping communities balance values such as environmental sustainability, design excellence, and social diversity, equity, and inclusion. In 2016, Willa launched Williford LLC to assist private developers, non-profits, and local governments in understanding their housing needs and implementing solutions. Page 137 8 GEOGRAPHIC REACH HOUSING MARKET STUDIES COMMUNITY ENGAGEMENT FAIR HOUSING ANALYSIS California: Mammoth Lakes Colorado: Aurora, Boulder, Denver Idaho: Coeur d’Alene Kansas: Lawrence New Mexico Santa Fe North Dakota: Grand Forks South Carolina: Columbia Tennessee: Nashville Texas: Austin Travis County Utah: Salt Lake City California: Bishop – Economic Development Strategy Colorado: Denver’s Strategic Plan for Homelessness; Colorado Civic Rights Division Survey New Mexico: Las Cruces Homeless Survey California: Sacramento, San Mateo County Colorado: Aurora; Denver; Boulder Maryland: Baltimore Missouri: Kansas City Nevada: Las Vegas, Reno Tennessee: Memphis Texas: Austin, Houston Washington: Snohomish County, Vancouver HUD CONSOLIDATED PLANS ECONOMIC AND SOCIAL IMPACT ANALYSIS RESIDENTIAL MARKET RESEARCH Arizona: Yuma California: Sacramento, Santa Barbara, San Diego Colorado: Boulder, Denver, Lakewood, Jefferson County Idaho: Pocatello, Nampa Indiana: State of Indiana New Mexico: Las Cruces, Santa Fe Nevada: North Las Vegas North Dakota: Grand Forks Oregon: Washington County/Portland Texas: McKinney, Carrollton Colorado: Child Care - Breckenridge, Telluride; Army Post Expansion - Fort Carson; Language Access - Westminster; Social Sustainability- Fort Collins Colorado and New York: Neighborhood Economic Potential, Seedco, Denver and NYC Utah: State of Utah; Economic Impact—Emily Griffith Opportunity School CDFI Impact Arizona: Phoenix, Scottsdale California: Los Angeles, San Diego Colorado: Colorado Housing and Finance Agency, State of Colorado; Aurora, Denver, Eagle, Longmont, Minnesota: Minneapolis Oregon: Portland Washington: Seattle Wisconsin: Madison Page 138 9 RELEVANT EXPERIENCE ROOT POLICY RESEARCH EXPERIENCE Root Policy Research has a wealth of experience with all aspects of housing studies, including housing market analyses, mortgage lending studies, fair housing analyses, strategic housing plans, and Consolidated Plans for Housing & Community Development. We also excel at resident and stakeholder engagement, data collection, and in-depth analysis. Finally, we bring decades of experience translating study findings into actionable and effective recommendations. We conduct customized research to identify our clients’ most pressing needs for housing, community development, and community services. These studies result in data-driven strategic plans that do more than simply “make a dent” or comply with federal requirements. Our research helps communities make a difference. Our experience conducting housing studies and policy strategies is demonstrated through summaries of similar projects we’ve completed. The selected projects included below focus on studies with a similar scope or geographic framework as the Estes Valley, Colorado Housing Needs Assessment. LAWRENCE, KANSAS HOUSING MARKET ANALYSIS DATE: 2017-2018 TYPE: HOUSING MARKET ANALYSIS During 2018, the Root project team worked with the City of Lawrence, Kansas on a comprehensive housing market study to identify housing needs in the city and to inform the allocation of the city’s new Affordable Housing Trust Fund. This study is a critical policy document as it serves as a housing needs assessment for the City and stakeholders providing an analysis of household affordability throughout all population segments of the community. The study highlights expected demographic trends, future demands for housing, regulations, and obstacles preventing the market from effectively responding to this demand, and an inventory of the assets and programs currently available to help the community address these challenges. The study approach included two presentations with the City’s newly established housing committee, charged with recommending approaches to allocate the City’s new housing trust fund. We also developed a “housing needs dashboard” and “roadmap” to guide staff and committee in implementation and measuring success. FORT COLLINS, COLORADO HOUSING STRATEGY DATE: 2020-2021 TYPE: HOUSING STRATEGY Root lead the development of the City of Fort Collins, Colorado’s Housing Strategic Plan, which includes a policy toolkit as well as prioritized actions for the city over the next five years. Development of the plan included a great deal of collaboration with city staff, boards and commissions, City Council and other stakeholders, all of which was facilitated by the Root team. Plan development occurred during meeting-restrictions related to the COVID pandemic, so Root used a Page 139 10 number of online meeting tools to facilitate participation and foster collaboration. Root is currently working with the City on implementation planning, policy analysis, and outcome tracking through a public-facing dashboard. ARVADA, COLORADO HOUSING STRATEGY DATE: 2019-2020 TYPE: HOUSING STRATEGY Root completed a comprehensive market study and housing strategy for the City of Arvada in early 2020. The study included a detailed demographic and housing profile along with spatial analysis of development patterns. Key findings identified a shortage of affordable rental units and entry-level ownership opportunities as well as a need for increased product diversity to accommodate emerging preference trends among resident cohorts. The study also used community survey results to quantify residents’ appetite for varying levels of density and “missing middle” product types in their neighborhoods and the city overall. As part of the housing strategy, Root created a toolkit of policy options that were both effective in addressing identified needs but also feasible, given the city’s financial resources and political landscape. The toolkit outlined pros and cons of each option along with best practices for implementation. Root further evaluated the relative cost and impact of the top recommendations for City Council consideration (see figure at right). ESTES PARK VACATION HOME FEE STUDY DATE: 2022 TYPE: HOUSING POLICY STUDY In 2022, Root conducted an impact analysis of short term rentals in Estes Park. The primary objective of the study was quantifying the relationship between the operation of homes in the Town as short-term rentals (STRs) and the cost and availability of workforce housing, but the study also included an overview of the historical housing market and economic trends in the town (to provide context for the impact analysis. The study is founded on a rigorous methodology, which supported an STR fee based on the identified nexus. Page 140 11 TRAVIS COUNTY TEXAS, TEXAS HOUSING NEEDS ANALYSIS DATE: 2019 TYPE: HOUSING NEEDS STUDY In 2019, Root conducted a housing needs analysis for both the City of Austin and Travis County. This countywide study evaluated affordability needs, market trends, and rental gaps at multiple geographic levels including countywide, county excluding Austin (anchor city), and by ZIP code. A key component to understanding the geographic complexity of the county was development of a ZIP code level housing needs dashboard which identified characteristics of each ZIP (e.g., incorporated/unincorporated, population trends, socioeconomics) and illustrated housing cost trends and affordability gaps. An excerpt of that model is shown below. WESTMINSTER, COLORADO HOUSING STRATEGY DATE: 2017-2018 TYPE: HOUSING STRATEGY We first prepared a housing needs assessment and, following this plan, were hired to facilitate the development of a strategic housing plan for this city. Westminster is a suburban community located between Denver and Boulder; both of these areas are undergoing affordability challenges that spillover to all of their surrounding communities. The needs assessment was a data-driven project that included demographic and housing profiles, a gaps analysis, identification of housing needs, Page 141 12 and recommendations. Data were presented in a highly visual format with dashboard-style infographics for different population groups. The strategic planning process brought together residents, housing developers (private and nonprofit), advocates for the homeless and low-income workers, City leaders, City finance staff, City planners, employers, and economic development officials. The committee met each month to consider a menu of options to address housing needs. The study culminated in a housing plan that was approved by City Council. FORT COLLINS SUSTAINABILITY GAPS ANALYSIS DATE: 2014 AND 2020 TYPE: HOUSING AND HUMAN SERVICES RESEARCH Under the umbrella of BBC Research & Consulting, Root Principals lead the development of Fort Collins Sustainability Gaps Analysis in 2014. The study defined the characteristics of a socially sustainable City and helped Fort Collins develop strategies to achieve this vision, focusing on reducing poverty and increasing access to services, health care, amenities, education, and job opportunities for all residents. Mollie Fitzpatrick and Heidi Aggeler, the two founders of Root Policy Research were the lead project managers and analysts on the 2014 Gaps Analysis. In 2019, Root Policy Research was contracted to update the gaps analysis across the following social impact areas: housing, homelessness, manufactured housing communities, poverty, health and wellness, at-risk youth and education, childcare, diversity and equity, and special populations. In addition to quantifying needs in each issue area, Root evaluated the city’s current resources and service delivery system to identify opportunities for additional investment. GRAND VALLEY HOUSING NEEDS ASSESSMENT DATE: 2021 TYPE: HOUSING ANALYSIS, STRATEGY Root Policy completed a two-phase project to identify and quantify housing needs across the Grand Valley. The study addresses demographic and economic conditions, housing trends and housing gaps among special interest populations, as well analysis of barriers to housing supply. For this study Root used an array of data sources and community engagement to analyze market conditions and the impacts of the COVID-19 pandemic on Grand Valley’s housing market. The Grand Valley is experiencing the tightest housing market in decades due to the continued diversification of its economic base and transformation as a recreation and outdoor hub. Strategy development focused specifically on the City of Grand Junction and included a toolkit of strategies tailored to Grand Junction’s housing needs and resources as well as facilitated strategy sessions with City Council over a series of work sessions. The process resulted in an adopted Housing Strategic Plan and funding allocations to support implementation. Page 142 13 DENVER HOUSING RESEARCH AND POLICY STUDIES DATE: VARIOUS TYPE: HOUSING RESEARCH Since 2003, our team has provided research and analytical support to a variety of housing research efforts undertaken by the city’s economic development planning, and housing offices. We have identified housing gaps in supply and demand within Denver’s rental and for-sale markets; provided research to support the deliberations of several housing advisory committees; conducted a comprehensive analysis of fair housing barriers that included a survey of 5,000 residents and focus groups with 350 low- and moderate-income and special needs residents; and conducted several HUD-required Consolidated Plans. As part of the development of policy recommendations in the city’s housing plan, we are currently assisting the city with an evaluation of the costs and benefits, including potential legal challenges, of a resident preference policy to stem displacement and a density bonus incentive to produce affordable housing through private market development. BOULDER MIDDLE MARKET HOUSING STUDY DATE: 2015 TYPE: HOUSING RESEARCH For the City of Boulder, we examined trends in the affordability of attached housing products relative to single family detached units. In addition to a comprehensive analysis of historical sales records, we conducted in‐person interviews with developers of attached housing products—both rental and for sale—to understand the key challenges of building affordable housing in Boulder. We also created pro formas to measure development costs of various attached products now and in 15 years (see figure at right). This study also involved a forecast of the product types that would no longer be affordable to moderate income households if price increases continue, as well as an analysis of the city’s downpayment assistance policy to determine if increasing the amount would expand options for purchase. “Heidi—I really enjoyed our work together, and deeply appreciated your mastery of the data and ability to explain it in such an accessible, objective manner. Hope our paths cross again!” –David Driskell, Planning Director, City of Boulder Page 143 14 LARIMER COUNTY AFFORDABLE HOUSING NEEDS ASSESSMENT DATE: 2020-2021 TYPE: HOUSING MARKET STUDY Root Policy completed the first Affordable Housing Needs Assessment for Larimer County in response to the County-wide Strategic Plan to reduce housing cost burden and promote quality of life in a variety of residential contexts. The analysis included demographic and economic profiles as well as rental and ownership market trends, needs of special population groups, and development trends across the county. The study included analysis for the entire county but focused recommendations on needs unique to unincorporated areas of the county. ESTES VALLEY CHILDCARE NEEDS ASSESSMENT DATE: 2017 TYPE: CHILDCARE AND EDUCATION Ms. Fitzpatrick managed this study for the Estes Valley Economic Development Corporation. The study quantified current and future childcare demand and incorporated the results of comprehensive community and employer survey effort. The needs assessment accounted for a variety of scenarios regarding workforce housing and childcare investments. The project was the first of its kind for the Estes Valley and incorporated education and outreach as part of the process, in addition to presentation of findings to stakeholder groups and Town Council. Page 144 15 OPS STRATEGIES EXPERIENCE Estes Park, CO Comprehensive Plan (ongoing)  Project: Update the Comprehensive Plan for Estes Park and the Estes Valley.  Role: Housing specialist, responsible for engaging stakeholders, data collection and analysis, drafting, and presentation of housing section of Plan. Teton Region, WY/ID Housing Needs Assessment & Nexus Study (2022)  Project: Housing needs assessment for Teton County, WY, Teton County, ID and northern Lincoln County, WY. Nexus study to support housing mitigation requirements for Teton County, WY.  Role: Data analysist, responsible for housing, jobs, and demographics data collection and analysis, and review of nexus study methodology and calculations. Washoe Tahoe, Nevada Housing Needs Assessment (2021)  Project: Housing needs assessment for the portion of Washoe County, NV along the north shore of Lake Tahoe, including Incline Village.  Role: Data analysist, responsible for housing, jobs, and demographics data collection and analysis, survey analysis, and review of presentation. Community Development Partners Strategic Plan (2021)  Project: Five-year strategic plan for Community Development Partners, a B-Corp housing developer.  Role: Co-facilitator and author, responsible for team interviews, designing and facilitating strategic planning workshops, identifying success metrics from goals, and drafting, presenting and finalizing plan. Driggs, ID Comprehensive Plan (2020)  Project: Update the Comprehensive Plan for City of Driggs Idaho.  Role: Housing specialist, responsible for analysis of existing housing data and policy to inform housing goals, policies, and strategies. South Lake Tahoe Region, CA/NV Housing Needs Assessment (2019)  Project: Analysis of demographic and housing trends to identify the current housing needs in the South Lake Tahoe Region that covers two states and includes the special jurisdiction of the Tahoe Regional Planning Association. The analysis informs a regional housing action plan.  Role: Data analyst, responsible for research and analysis of Federal and State data on population, households, employment, and housing units. Cripple Creek/Victor, CO Housing Needs and Opportunities (2019)  Project: Supply and demand analysis of housing in the small towns of Cripple Creek and Victor, CO, to inform the towns’ establishment of policies and strategies around providing housing opportunities for local employees. Page 145 16  Role: Data analyst, responsible for research and analysis of Federal and State data on population, households, employment, and housing units. Jackson/Teton County, WY Affordable Housing Requirements (2018)  Project: Update the requirements in the Jackson/Teton County Land Development Regulations regarding the amount of affordable workforce housing required when new development occurs. Design a process that allows the community to understand the technical and policy implications of alternative approaches so that the adoption of the updated requirements has community buy-in.  Project Website: www.jacksontetonplan.com/161/Housing-Requirements  Role: Project Manager, responsible for designing the public outreach process, facilitating adoption, and maintaining overall project quality and scope.  Role: Lead Author responsible for incorporating public, technical, and legal advice into the adopted regulations. Town of Jackson, WY Zoning Update (2016, 2018)  Project: Update the zoning for the Town of Jackson to implement the Comprehensive Plan adopted in 2012 – first, the commercial zoning in the downtown lodging core, second, the residential and highway commercial zoning throughout the rest of the Town.  Project Websites: o www.jacksontetonplan.com/189/District-2-Lodging-Overlay-LDRs o www.jacksontetonplan.com/179/Town-Zoning  Role: Contributor to public outreach process design and facilitation, analyst of impacts on development potential, and reviewer of content., author of the Workforce Housing Incentive Program. Jackson/Teton County, WY Housing Action Plan (2015)  Project: Create an implementation plan for meeting the Jackson/Teton County community’s housing goals that included a restructuring of the local Housing Authority. Utilize the data in the 8 housing studies completed between 2007 and 2015, but overcome the analysis paralysis to identify an actionable path forward.  Project Website: www.jacksontetonplan.com/202/Housing-Action-Plan  Role: Project Manager responsible for managing data analysis, public outreach, consultants, policy analysis, and maintaining overall project quality and scope.  Role: Lead Author responsible for incorporating public, technical, and legal advice into the adopted Plan. Page 146 17 WILLIFORD, LLC STRATEGIC PLAN EXPERIENCE Boulder County Regional Housing Plan Williford LLC managed the successful creation of a regional housing strategy for Boulder County. We led and supported a diverse stakeholder team of 15 housing professionals to create the County’s first-ever cooperative strategy on affordable housing goals. The plan envisions boldly addressing the local housing crisis by tripling the amount of affordable housing created and preserved over the next 15 years. Boulder County includes nine jurisdictions, ranging from small mountain communities to rapidly growing communities in the eastern plains, as well as the City of Boulder, which is a major employment center, destination, and high-cost community. Over the course of a year, the group conducted more than 30 presentations to gather feedback, hosted a summit for elected officials, and refined the plan through numerous iterations. The plan has now been adopted by seven of the nine jurisdictions within the region. Eagle County School District Housing Action Plan 2020 Like many school districts and public sector employers in amenity rich/high housing cost areas, Eagle County School District has faced serious challenges recruiting and retaining teachers and staff. Our team helped the district understand employees’ housing needs and identify the priorities and due diligence harness District owned land and other resources to creating housing for employees. Whitefish Strategic Housing Plan Williford LLC collaborated on creating an in-depth toolkit of housing solutions and provided facilitation and technical assistance to the Chamber of Commerce and a group of 20 stakeholders to create the first housing plan for Whitefish Montana. We supported the effort by providing analysis of options and best-practice history from other communities. The team prioritized the available tools, tailored them to the local conditions, and identified roles, responsibilities, and a timeline of action steps. Page 147 18 KEY PERSONNEL This section of the proposal satisfies submission requirements #6, #7, and #8. PRIMARY CONTACT. Mollie Fitzpatrick will act as the project director for this proposal and can be reached on the firm’s phone number 970-880-1415 and through mollie@rootpolicy.com. PROPOSED PROJECT TEAM. The consultant team proposed for the project draws on the capacity and skills of each team member and subconsultant to provide maximum benefit for the Town of Estes Park and the project as a whole.  Root Policy Research will serve as the prime contractor. Root’s Managing Director, Mollie Fitzpatrick will serve as the primary project manager and contact. Root staff will support the project through data analysis, engagement, and strategy development.  OPS Strategies will also provide data analysis, drawing on their current work as part of the Estes Park Comprehensive Plan consultant team. OPS will also contribute to strategy development, particularly related to land use planning.  Williford LLC will serve as a strategic advisor to support strategy development and recommendations to address housing needs. Resumes for Root staff as well as OPS and Williford principals follow. Mollie Fitzpatrick, Root Policy Research, Managing Director Mollie co-founded Root Policy Research in 2018 after serving as a Director at BBC Research & Consulting and has over 10 years of experience in housing and community development. She specializes in housing market and social impact studies that help clients understand their housing and community development challenges, assess their community needs, and strategize meaningful policy actions to improve their communities. Mollie serves on Denver’s Anti-Displacement Policy Network working group and has developed housing and social equity model for numerous communities throughout the country. Profile of similar projects  Boulder Missing Middle Housing Study. Mollie examined housing demand and gaps in provision of housing for Boulder’s middle-income residents, earning between 80 and 120 percent of the Area Median Income (AMI). This study identified the types of housing products that are most affordable to middle income households and forecasted affordability of these types under several price appreciation scenarios. This research helped city staff and City Council establish new goals and development requirements for middle market products.  San Marcos Housing Needs Assessment. Mollie recently completed a housing needs assessment for the City of San Marcos, which has experienced growing housing affordability challenges related regional growth and housing shortages coupled with market disruption from Texas State University. The study included a community and economic profile along with an extensive housing and affordability assessment, monthly calls with the client, and several Page 148 19 presentations and facilitated discussions with the task force assembled to develop recommendations for addressing housing needs.  City and County of Denver Investment Impact (Equity) Model. Mollie developed the City’s neighborhood dashboard to measure diversity of households and housing types and differences in housing costs for every neighborhood in Denver and recently developed a modeling tool designed to characterize displacement vulnerability of specific public investments and identify tailored solutions to mitigate involuntary displacement. Education: M.A., Economics, University of Colorado Denver, 2010 B.S., Recreation, Park and Tourism Sciences, Texas A&M University, 2003 Heidi Aggeler, Root Policy Research, Managing Director Heidi Aggeler started her research and consulting career as an economic analyst at the Federal Reserve and an auditor for the Federal Deposit Insurance Corporation (FDIC). She joined her former firm BBC Research & Consulting in 1999, became a partner in 2002, a Managing Director in 2006, and started Root Policy Research in 2018. Heidi has been managing housing research projects since 1999, and has overseen completion of more than 50 housing market studies. Heidi is also frequently hired to assist communities with strategic plans to achieve housing balance. Heidi is a current member of the Denver Planning Board. Profile of similar projects  Boulder County, Colorado Strategic Plan Facilitation. Heidi was recently asked to facilitate a strategic planning process with city/county staff and housing authorities in Boulder County to develop joint housing solutions. She facilitated discussions in two workshop sessions, which provided the foundation for the first county-wide, collaborative housing plan.  City of Westminster Housing Strategy. This six month process brought together city department representatives from economic development/housing, code enforcement, public safety, legal, and finance; local advocates; and representatives from the residential development field, to consider a wide variety of potential strategies to increase housing affordability and housing choice. The committee met monthly and together produced recommendations that were adopted by City Council and became the basis for the housing department’s five-year workplan.  Las Cruces, New Mexico Housing Needs Strategic Plan and Best Practices Analysis. Heidi assisted the City of Las Cruces’ Ad Hoc Committee on Affordable Housing develop recommendations for better addressing the city’s housing needs. The study involved a comprehensive analysis of best practices in other communities covering housing trust funds, inclusionary zoning, shared equity models, land trusts, land banking, and zoning reforms. Education: M.P.A., Policy Analysis, Humphrey Institute, University of Minnesota, 1997 B.A., Accounting, University of Utah, 1992 Page 149 20 Avilia Bueno, Root Policy Research, Associate Avilia Bueno is an economist, specializing in labor and community development. Prior to joining Root Policy, she held a number of positions at the University of Colorado Boulder, varying from teaching Microeconomics to working with the College of Arts and Science on research projects. Originally from the mountainous desert of El Paso/Ciudad Juárez, Avilia is fluent in Spanish and enjoys analyzing complex relationships with the help of data. She also worked for the Federal Reserve Bank of Dallas as a Senior Research Analyst, conducting research on the U.S.-Mexico border economy. She is a Ph.D. candidate in Economics at the University of Colorado: Boulder. Education: M.A., Economics, University of Colorado: Boulder, 2017 M.S., Economics, University of Texas: El Paso, 2013 B.B.A., Economics and Marketing, University of Texas: El Paso, 2010 Julia Jones, Root Policy Research, Associate Julia is an AICP Certified Planner and multi-faceted analyst with data modeling, data analysis, GIS, and graphic design skills. She brings a keen sense of understanding to the technical and underlying issues that permeate affordable housing policy and implementation. With a background in planning, Julia brings a unique perspective to her areas of interest which include housing policy, equitable community development, fair housing issues, and the intersection of land use planning and housing affordability. Education: Bachelor of Urban Planning, University of Cincinnati, 2017 Frankie Lewington, Root Policy Research, Research Associate Frankie Lewington is a research analyst with policy analysis, GIS, coalition management, and graphic design skills. He has over five years of experience at the local and regional government levels in regional policy, community engagement, and strategic communications. Prior to joining Root Policy, he worked at Metro, greater Portland’s metropolitan planning organization, on several housing, land use, and transportation projects and programs. He also managed a multi-stakeholder coalition focused on catalyzing development of small-format housing options throughout the state of Oregon. Frankie has a Certificate in Tribal Relations from Portland State University. Education: Master of Urban Planning, University of Illinois at Urbana-Champaign, 2021 B.S., Planning, Public Policy and Management, University of Oregon, 2013 Page 150 21 Willa Williford Willa Williford has turned a successful career in housing and community development into a consulting practice that works to create and maintain economically vibrant communities. Willa’s experience includes housing development, finance, asset management and operations in the public and private sectors. Willa is passionate about helping communities balance values such as environmental sustainability, design excellence, and social diversity, equity, and inclusion. In 2016, Willa launched Williford LLC to assist private developers, non-profits, and local governments in understanding their housing needs and implementing solutions. PROFESSIONAL EXPERIENCE Principal, Founder 2016 - Present Williford LLC Crested Butte, Colorado Consultant with a focus on housing market analysis, planning, development, and policy solutions. Recent projects include: Housing Needs Assessments Housing Strategic Plans Development of Housing Mammoth Lakes, CA Avon, CO Anthracite Place, Crested Butte Whitefish, MT Boulder Housing Partners, CO Paradise Park, Crested Butte Gunnison Valley, CO Pagosa Housing Partners, CO Lazy K Ranch, Gunnison Eagle River Valley, CO Mammoth Lakes Housing Inc, CA Hot Springs Blvd, Pagosa Springs Grand County, CO Town of Minturn, CO Sunshine Peaks, Montrose South Lake Tahoe, CA Grand County Housing Authority, CO Maxfield Heights, Rifle Sterling/Logan County, CO Lake County Build a Generation, CO Garden Walk, Gunnison Alamosa, CO Whitefish Chamber of Commerce, MT Whetstone, Gunnison County San Luis Valley, CO Gunnison Regional Valley HA, CO 6th and Butte, Crested Butte Craig, CO South Lake Tahoe, CA Residences at Delta, Delta Greater Teton, WY and ID Housing Resources of Western Colorado, CO Hinsdale County/Forest Service Collaboration, Lake City Hayden, CO Clear Creek County, CO Lupine Luna, San Luis Fraser Valley, CO City of Alamosa, CO Brown Ranch, Steamboat Springs Montrose, CO Anvil Mountain, Silverton San Luis Valley, CO Housing Director 2012 – 2016 Boulder County Boulder, Colorado Responsible for strategic planning, housing operations, and development of new affordable housing, including managing a team of 68 employees and an annual budget of $20 million. Accomplishments included: growing the inventory of affordable housing by 500 units, purchasing 23 acres of land for future development, disposing of non-performing assets, refinancing and repositioning 320 units, and cultivating sustainable program revenue sources. Page 151 22 Director of Asset Management and Portfolio Operations 2008 – 2012 Boulder Housing Partners Boulder, Colorado Responsible for operations and asset management of a 1,000-unit affordable housing portfolio and leadership of a team of 30 employees. Business Development Associate 2005 – 2008 US Bank - Community Development Corp Denver, Colorado Responsible for business development and analysis of proposed Low Income Housing Tax Credit (LIHTC) investments in markets across the western United States. Closed over $100 million in successful transactions. Housing Development Planner 2001 - 2005 Boulder Housing Partners Boulder, Colorado Responsible for acquisition and development of affordable and workforce housing to be owned and managed by the local Housing Authority. Developments included public private partnerships, mixed use, rentals, and homeownership. EDUCATION Master of Urban and Regional Planning, December 2005 University of Colorado, Denver, Colorado Bachelor of Arts, Political Science, May 2000 Reed College, Portland, Oregon COMMUNITY INVOLVEMENT Willa has served numerous professional and community organizations with her time, including: * Colorado Housing and Finance Authority, Technical Review Group member * City of Boulder Planning Board, board member * Housing Colorado, volunteer, various committees * Colorado Chapter - American Planning Association, writing contributor * Mountain Plains Chapter – National Association of Housing and Redevelopment Officials * Historic Boulder, board member * Safehouse Progressive Alliance for Nonviolence, board member and volunteer * I Have a Dream Foundation, Boulder County, volunteer * Crested Butte Land Trust, committee memebr * Stepping Stones Children’s Center, board member and volunteer * Black Lives Matter Community Coalition, board member and volunteer Page 152 23 Page 153 24 PROJECT SCHEDULE This section of the proposal satisfies submission requirement #9. A detailed schedule by task in shown in the following figure. At project initiation, we would refine the schedule to best accommodate town staff’s needs. CLIENT REFERENCES This section of the proposal satisfies submission requirement #10. Reference contact info is below: project descriptions are included in the “Relevant Experience” section. TAMRA ALLEN COMMUNITY DEVELOPMENT DIRECTOR CITY OF GRAND JUNCTION, CO Phone: (970) 256-4023 Email: tamraa@gjcity.org MEAGHAN OVERTON HOUSING MANAGER CITY OF FORT COLLINS, CO Phone: (970) 416-2283 Email: moverton@fcgov.com JACKIE WILLIAMSON TOWN CLERK TOWN OF ESTES PARK, CO Phone: (970) 577-4771 Email: jwilliamson@estes.org Task 2: Public participation and outreach Key stakeholder discussions Facilitated meetings      Resident survey Task 3: Strategy Development and Research l Task 4: Implementation strategies Task 5: Formulations of the final assessment Draft Report  Final Report  Presentations  Deliverable Meeting Task 1: Background analysis, inventory, and evaluation of existing conditions Task 2022 June July August Oct NovSept Page 154 25 COMPLIANCE STATEMENT & COMPLETED EXHIBITS This section of the proposal satisfies submission requirement #11 and #12. Root understands the conditions and requirements presented in the RFP and acknowledges receipt of all addenda. As requested, completed copies of Exhibits 1 and 2 are included with our proposal (on the following pages). Page 155 Estes Park Housing Needs Assessment & Strategic Plan RFP 19 EXHIBIT 1 TOWN OF ESTES PARK ACCEPTANCE OF CONDITIONS STATEMENT No employee, elected or appointed official of the Town of Estes Park, or any such person’s spouse or dependent child has an existing or pending, direct or indirect, financial, ownership or personal interest in the proposing Consultant of this Request for Proposal, except as follows: I/we hereby agree to all instructions, terms and conditions, and specifications contained herein: I/we acknowledge receipt of the following Addenda: Proposing Consultant Address Telephone Number Submitted by (signature) Printed Name Title Date Addendum I Root Policy Research 6740 East Colfax Avenue, Denver, CO 80220 970-880-1415 Mollie Fitzpatrick Managing Director 04/01/2022 Page 156 Estes Park Housing Needs Assessment & Strategic Plan RFP 20 EXHIBIT 2 TOWN OF ESTES PARK REFERENCE AUTHORIZATION AND RELEASE FORM To: A Corporation By: , A Partnership whose address is (Proposer) An Individual Proposer hereby authorizes Town to perform such investigation of proposer as the Town deems necessary to establish the qualifications, responsibility and financial ability of proposer. By its signature hereon, proposer authorizes owner to obtain reference information concerning proposer and releases the party providing such information named above and the Town from any and all liability to proposer as a result of any such reference information provided. Proposer further waives any right to receive copies of reference information provided to the Town. An executed copy of this Reference Authorization and Release Form may be used with the same effectiveness as an original. By: Print Name: Title: Date: Town of Estes Park Root Policy Research 6740 East Colfax Avenue, Denver, CO 80220 Root Policy Research - Mollie Fitzpatrick Mollie Fitzpatrick Managing Director 04/01/2022 Page 157 Page 158 TOWN CLERK’S OFFICE Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: May 10, 2022 RE: 2022 Merit Increase of 2% for Town Administrator Machalek per Employment Agreement (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER Merit Increase QUASI-JUDICIAL YES NO Objective: To consider a merit increase for Town Administrator Machalek per his employment contract with the Town. Present Situation: The Town Board conducted an annual evaluation of Town Administrator Machalek’s performance during an executive session held on March 22, 2022. Section 17 Performance Evaluations of the employment agreement outlines that as part of the evaluation, the Town Board may approve a merit pay increase to the employee’s annual base salary not to exceed the percentage of merit pay increase available to all Town employees. The Town Board, as part of the annual budget adoption, approved a 2% merit pool for all employees. Employee performance is reviewed annually on the employee’s anniversary date and based on the review a merit increase, if available, is determined and added to the employee’s pay rate/salary. Proposal: The Town Board may consider approving a 2% increase to the base pay for Town Administrator Machalek that would go into effect on the payroll following his anniversary date of April 20, 2022. Advantages: The merit increase would be consistent with the employee’s agreement. Page 159 Disadvantages: The employee would not be afforded a merit increase and would fall behind in compensation in comparison to the other employees of the Town. Action Recommended: To approve the 2% merit increase for Town Administrator Machalek. Finance/Resource Impact: Low. Level of Public Interest Outline the known or perceived interest by the public, i.e., high interest, item initiated by contact from the public or groups, etc. Sample Motion: I move to approve a 2% merit increase for Town Administrator Machalek. Attachments: None. Page 160 TOWN CLERK’S OFFICE Memo To: Honorable Mayor Koenig Board of Trustees Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: May 10, 2022 RE: Resolution 40-22 New Optional Premise Liquor License Application for Estes Valley Recreation and Park District dba Estes Park Golf Course, 1482 Golf Course Road, Estes Park, Colorado (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Approval of a new Optional Premise Liquor License Application filed by Estes Valley Recreation and Park District dba Estes Park Golf Course. Present Situation: An application for a new Optional Premise liquor license was received by the Town Clerk’s office on April 8, 2022. All necessary paperwork and fees were submitted; please see the attached Procedure for Hearing on Application – New Liquor License for additional information. The applicant is aware of the Town Board’s Training for Intervention Procedures (TIPS) requirement and has completed the training for the management staff. The golf course has been included as an optional premise to the current Hotel and Restaurant liquor license issued for the Hanger Restaurant. A Modification of Premise for the current license has been submitted with the new Optional Premise license to permanently remove the optional premise from the existing license. Proposal: To present the application for the Town Board’s review and consideration for a new Optional Premise liquor license. The approval would allow the Estes Valley Recreation and Park District to operate the golf cart service on the golf course under a separate and distinct liquor license. The current managers of the Hanger would continue to provide restaurant services only under the current license. Advantages: Approval of the license provides the business owner with the opportunity to operate a liquor-licensed establishment in the Town of Estes Park. Page 161 Disadvantages: The owner is denied a business opportunity to serve alcohol to patrons. Action Recommended: Approval of the new Optional Premise Liquor license at 1482 Golf Course Road, Estes Park, Colorado, filed by Estes Valley Recreation and Park District dba Estes Park Golf Course. Finance/Resource Impact: The fee paid to the Town of Estes Park for a new Optional Premise Liquor license is $1319. The fee covers the administrative costs related to processing the application, background checks, and business licensing. In addition, the annual renewal fee payable to the Town of Estes Park for an Optional Premise Liquor license is $869. Level of Public Interest Low. Sample Motion: I move to approve/deny Resolution 40-22. Attachments: 1. Resolution 40-22 2.Procedure for Hearing 3.Application 4.Individual History 5.Police Report Page 162 RESOLUTION 40-22 A RESOLUTION PERMITTING A NEW OPTIONAL PREMISE LIQUOR LICENSE APPLICATION FOR ESTES VALLEY RECREATION AND PARK DISTRICT DBA ESTES PARK GOLF COURSE WHEREAS, the Town Board of Trustees acting in their capacity as the Liquor Licensing Authority for the Town of Estes Park held a public hearing on May 10, 2022 for a New Optional Premise Liquor License, filed by Estes Valley Recreation and Park District dba Estes Park Golf Course, 1482 Golf Course Road, Estes Park, Colorado; and WHEREAS, § 44-3-301(2)(a), C.R.S. requires the licensing authority to consider the reasonable requirements of the neighborhood, the desires of the adult inhabitants, and all other reasonable restrictions that are or may be placed upon the neighborhood by the local licensing authority; and WHEREAS, the Board of Trustees finds that the reasonable requirements of the neighborhood are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are for the granting of this liquor license. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The new Optional Premise Liquor License, filed by Estes Valley Recreation and Park District dba Estes Park Golf Course, 1482 Golf Course Road, Estes Park, Colorado is hereby approved. DATED this day of , 2022. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 Page 163 1 July 2002 PROCEDURE FOR HEARING ON APPLICATION NEW LIQUOR LICENSE 1.MAYOR. The next order of business will be the public hearing on the application of Estes Valley Recreation and Park District dba Estes Park Golf Course for a new Optional Premise Liquor License located at 1482 Golf Course Road, Estes Park, Colorado. At this hearing, the Board of Trustees shall consider the facts and evidence determined as a result of its investigation, as well as any other facts, the reasonable requirements of the neighborhood for the type of license for which application has been made, the desires of the adult inhabitants, the number, type and availability of liquor outlets located in or near the neighborhood under consideration, and any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed. OPEN PUBLIC HEARING 2.TOWN CLERK. Will present the application and confirm the following:  The application was filed April 8, 2022.  At a meeting of the Board of Trustees on April 26, 2022, the public hearing was set for 7:00 p.m. on Tuesday, May 10, 2022.  The neighborhood boundaries for the purpose of this application and hearing were established to be 5.0 miles.  The Town has received all necessary fees and hearing costs.  The applicant is filing as an Association or Other.  The property is zoned CO – Commercial Outlying which allows this type of business as a permitted use.  The notice of hearing was published on April 29, 2022 . Attachment 2 Page 164 2  The premises was posted on April 28, 2022 .  There is a police report with regard to the investigation of the applicant.  Status of T.I.P.S. Training: Unscheduled Scheduled * X Completed  There is a map indicating all liquor outlets presently in the Town of Estes Park available upon request. 3.APPLICANT.  The applicants will be allowed to state their case and present any evidence they wish to support the application. 4.OPPONENTS.  The opponents will be given an opportunity to state their case and present any evidence in opposition to the application.  The applicant will be allowed a rebuttal limited to the evidence presented by the opponents. No new evidence may be submitted. 5.MAYOR.  Ask the Town Clerk whether any communications have been received in regard to the application and, if so, to read all communication.  Indicate that all evidence presented will be accepted as part of the record.  Ask the Board of Trustees if there are any questions of any person speaking at any time during the course of this hearing.  Declare the public hearing closed. 6.SUGGESTED MOTION: I move that Resolution XX-22 be approved/denied for a new Optional Premise liquor license for Estes Valley Recreation and Park District dba Estes Park Golf Course, Estes Park, Colorado. Page 165 DR 8404 (12/29/21) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division (303) 205-2300 Colorado Liquor Retail License Application □New License 181 New-Concurrent D Transfer of Ownership 0 State Property Only □ Master file •All answers must be printed in black ink or typewritten •Applicant must check the appropriate box(es) •Applicant should obtain a copy of the Colorado Liquor and Beer Code: SBG.Colorado.gov/Liquor 1.Applicant is applying as a/an 0 Individual □Limited Liability Company � Association or Other D Corporation □ Partnership (includes Limited Liability and Husband and Wife Partnerships) 2.Applicant If an LLC, name of LLC; if partnership, at least 2 partner's names; if corporation, name of corporation Estes Valley Recreation and Park District 2a. Trade Name of Establishment (DBA) I State Sales Tax Number Estes Park Golf Course (970)586-8146 3.Address of Premises (specify exact location of premises, include suite/unit numbers) 1482 Golf Course Road City County State ZIP Code Estes Park Larimer co 80517 4.Mailing Address (Number and Street)City or Town State ZIP Code PO Box 1379 Estes Park co 80517 5.Email Address info@evrpd.com 6. If the premises currently has a liquor or beer license, you must answer the following questions Present Trade Name of Establishment (DBA) I Present Stale License Number I Present Class of License Present Expiration Date Section A Nonrefundable Appllcatlon Fees* Section B (Cont.) Liquor License Fees* D Application Fee for New Llcense ............................................ $1,100.00 D Liquor-Licensed Drugstore (County) .................................................. $312.50 � Application Fee for New License w/Concurrent Review ............ $1,200.00 D Lodging & Entertainment -L&E (City) ................................................. $500.00 D Application Fee for Transfer ................................................... $1, 100.00 D Lodging & Entertainment-L&E (County) ........................................... $500.00 Section B Liquor License Fees* D Manager Registration -H & R ................................................................ $75.00 0 Add Optional Premises to H & R ......... $100.00 X Total D Manager Registration -Tavern ............................................................... $75.00 D Manager Registration -Lodging & Entertainment.. .............................. $75.00 D Add Related Facility to Resort Complex$75.00 X Total D Manager Registration -Campus Liquor Complex ............................... $75.00 0 Add Sidewalk Service Area .................................................................... $75.00 � Optional Premises License (City) ......................................................... $500.00 D Arts License (City) ................................................................................ $308.75 D Optional Premises License (County) ................................................... $500.00 D Arts License (County) .......................................................................... $308.75 D Racetrack License (City) ....................................................................... $500.00 D Beer and Wine License (City) .............................................................. $351.25 D Racetrack License (County) ................................................................. $500.00 D Beer and Wine License (County) ........................................................ $436.25 D Resort Complex License (City) ............................................................. $500.00 D Brew Pub License (City) .................................................................... $750.00 D Resort Complex License (County) ....................................................... $500.00 D Brew Pub License (County) ................................................................. $750.00 D Related Facility-Campus Liquor Complex (City) .............................. $160.00 D Campus Liquor Complex (City) ........................................................... $500.00 D Related Facility-Campus Liquor Complex (County) ........................ $160.00 D Campus Liquor Complex (County) ..................................................... $500.00 D Related Facility-Campus Liquor Complex (State) ............................ $160.00 D Campus Liquor Complex (State) ......................................................... $500.00 D Retail Gaming Tavern License (City) ................................................... $500.00 D Club License (City) ............................................................................... $308.75 D Retail Gaming Tavern License (County) .............................................. $500.00 D Club License (County) ........................................................................ $308.75 D Retail Liquor Store License-Additional (City) ...................................... $227.50 D Distillery Pub License (City) ................................................................. $750.00 D Retail Liquor Store License-Additional (County) ................................ $312.50 D Distillery Pub License (County) ........................................................... $750.00 D Retail Liquor Store (City) ....................................................................... $227.50 D Hotel and Restaurant License (City) ................................................... $500.00 D Retail Liquor Store (County) ................................................................. $312.50 D Hotel and Restaurant License (County) ............................................ $500.00 D Tavern License (City) .......................................................................... $500.00 D Hotel and Restaurant License w/one opt premises (City) ................. $600.00 D Tavern License (County) .................................................................... $500.00 D Hotel and Restaurant License w/one opt premises (County) ............ $600.00 D Vintners Restaurant License (City) ...................................................... $750.00 D Liquor-Licensed Drugstore (City) ....................................................... $227.50 D Vintners Restaurant License (County) ................................................. $750.00 *Note that the Division will not accept cash Questions? Visit: SBG.Colorado.gov/Liquorfor more information Do not write in this space -For Department of Revenue use only Liability Information License Account Number I Liability Date !License Issued Through (Expiration Date) Total $ Attachment 3 Page 166 DR 8404 (12129/21)Application Documents Checklist and Worksheet Instructions:This checklist should be utilized to assist applicants with filing all required documents for licensure. All documents must be properly signed and correspond with the name of the applicant exactly.All documents must be typed or legibly printed.Upon final State approval the license will be mailed to the local licensing authority.Application fees are nonrefundable.Questions?Visit:SBG.Colorado.gov/Liquor for more information Items submitted,please check all appropriate boxes completed or documents submitted Applicant information El A.ApplicanULicensee identified Fl B.State sales tax license number listed or applied for at time of application C.License type or other transaction identified D.Return originals to local authority (additional items may be required by the local licensing authority) El E.All sections of the application need to be completed El F.Master file applicants must include the Application for Master File form DR 8415 and applicable fees to this Re tail License Application II.Diagram of the premises E A.No larger than 8 112”X 11’ B.Dimensions included (does not have to be to scale).Exterior areas should show type of control (fences, walls,entry/exit points,etc.) El C.Separate diagram for each floor (if multiple levels) El D.Kitchen -identified it Hotel and Restaurant E.Bold/Outlined Licensed Premises Ill.Proof of property possession (One Year Needed) El A.Deed in name of the applicant (or)(matching question #2)date stamped /filed with County Clerk El B.Lease in the name of the applicant (or)(matching question #2) El C.Lease assignment in the name of the applicant with proper consent from the landlord and acceptance by the applicant D.Other agreement if not deed or lease.(matching question #2) IV.Background information (DR 8404-I)and financial documents El A.Complete DR 8404-I for each principal (individuals with more than 10%ownership,officers,directors, partners,members) El B.Fingerprints taken and submitted to the appropriate Local Licensing Authority through an approved state vendor. Do not complete fingerprint cards prior to submitting your application. The Vendors are as follows: IdentoGO —https://uenroll.identogo.corn!Phone: 844-539-5539 (toll-free) Colorado Fingerprinting —httpi/www.coloradofingerp tinting.corn Appointment Scheduling Website:hftp:/!www coloradofingerp tinting.corn/cabs! Phone:720-292-2722 Toll Free:833-224-2227 Details about the vendors and fingerprinting in Colorado can be found on CBIs website here: https:llcbi.colorado.gov/sections/biometdc-identification-and-records-unit/employrnent-and-backg round-checks El C.Purchase agreement,stock transfer agreement,and/or authorization to transfer license El D.List of all notes and loans (Copies to also be attached) V.Sole proprietorlhusband and wife partnership (if applicable) El A.FormDR4679 El B.Copy of State issued Driver’s License or Colorado Identification Card for each applicant VI.Corporate applicant information (if applicable) El A.Certificate of Incorporation E1 B.Certificate of Good Standing El C.Certificate of Authorization if foreign corporation (out of state applicants only) VII.Partnership applicant information (if applicable) El A.Partnership Agreement (general or limited). El B.Certificate of Good Standing VIII.Limited Liability Company applicant information (if applicable) El A.Copy of articles of organization El B.Certificate of Good Standing El C.Copy of Operating Agreement (if applicable) El D.Certificate of Authority if foreign LLC (out of state applicants only) IX.Manager registration for Hotel and Restaurant,Tavern,Lodging &Entertainment,and Campus Liquor Complex licenses when included with this applicationllA.$75.Oofee El B.Individual History Record (DR 8404-I) El C.If owner is managing,no fee required 2 Page 167 DR 8404 (12/29/21) Name Type of License Account Number 7.Is the applicant (including any of the partners if a partnership;members or managers if a limited liability company;or officers, Yes No stockholders or directors if a corporation)or managers under the age of twenty-one years? 8.Has the applicant (including any of the partners if a partnership;members or managers if a limited liability company;or officers, stockholders or directors if a corporation)or managers ever (in Colorado or any other state): a.Been denied an alcohol beverage license? b.Had an alcohol beverage license suspended or revoked? c.Had interest in another entity that had an alcohol beverage license suspended or revoked? If you answered yes to 8a,b or c,explain in detail on a separate sheet. 9.Has a liquor license application (same license class),that was located within 500 feet of the proposed premises,been denied within the fl preceding two years?If ‘yes,explain in detail. ____________________________________________________________________________ 10.Are the premises to be licensed within 500 feet,of any public or private school that meets compulsory education requirements of Colorado law,or the principal campus of any college,university or seminary?or Waiver by local ordinance? Other: ____________________ 11. Is your Liquor Licensed Drugstore (LLDS)or Retail Liquor Store (RLS)within 1500 feet of another retail liquor license for off-premises sales in a jurisdiction with a population of greater than (>)10,0000?NOTE:The distance shall be determined by a radius measurement that begins at the principal doorway of the LLDS/RLS premises for which the application is being made and ends at the principal door-L Fi way of the Licensed LLDS/RLS. 12.Is your Liquor Licensed Drugstore (LLDS)or Retail Liquor Store (RLS)within 3000 feet of another retail liquor license for off-premises sales in a jurisdiction with a population of less than (<)10,0000?NOTE:The distance shall be determined by a radius measurement that begins at the principal doorway of the LLDS/RLS premises for which the application is being made and ends at the principal doorway of the Licensed LLDS/RLS. 13 a.For additional Retail Liquor Store only.Was your Retail Liquor Store License issued on or before January 1,2016? 13 b.Are you a Colorado resident? 14.Has a liquor or beer license ever been issued to the applicant (including any of the partners,if a partnership;members or manager if a Limited Liability Company;or officers,stockholders or directors if a corporation)?If yes,identify the name of the business and list any current financial interest in said business including any loans to or from a licensee. 15.Does the applicant,as listed on line 2 of this application,have legal possession of the premises by ownership,lease or other arrangement? Ownership Lease Other (Explain in Detail) __________________________________________________________________________ a.If leased,list name of landlord and tenant,and date of expiration,exactly as they appear on the lease: Landlord Tenant Town of Estes Park b.Is a percentage of alcohol sales included as compensation to the landlord?If yes, complete question 16. c.Attach a diagram that designates the area to be licensed in black bold outline (including dimensions)which shows the bars,brewery,walls, partitions,entrances,exits and what each room shall be utilized for in this business.This diagram should be no larger than 8 1/2”X 11”. 16.Who,besides the owners listed in this application (including persons,firms,partnerships,corporations,limited liability companies)will loan orgive money, inventory,furniture or equipment to or for use in this business;or who will receive money from this business?Attach a separate sheet if necessary. Last Name First Name Date of Birth FEIN or SSN Interest/Percentage N/A Last Name First Name Date of Birth FEIN or SSN Interest/Percentage Estes Valley Recreation &Park District IIQ Attach copies of all notes and security instruments and any written agreement or details of any oral agreement,by which any person (including partnerships,corporations,limited liability companies,etc.)will share in the profit or gross proceeds of this establishment,and any agreement relating to the business which is contingent or conditional in any way by volume,profit,sales,giving of advice or consultation. 17.Optional Premises or Hotel and Restaurant Licenses with Optional Premises: Has a local ordinance or resolution authorizing optional premises been adopted? I1 D Number of additional Optional Premise areas requested.(See license fee chart)I 18.For the addition of a Sidewalk Service Area per Regulation 47-302(A)(4),include a diagram of the service area and documentation received from the local governing body authorizing use of the sidewalk.Documentation may include but is not limited to a statement of use,permit,easement,or other legal permissions. 19.Liquor Licensed Drugstore (LLDS)applicants,answer the following: a.Is there a pharmacy,licensed by the Colorado Board of Pharmacy, located within the applicant’s LLDS premise?E D If “yes”a copy of license must be attached. 3 Page 168 DR 8404 (12/29/21) Name I Type of License Account Number 20.Club Liquor License applicants answer the following: Attach a copy of applicable documentation Yes No a. Is the applicant organization operated solely for a national, social, fraternal, patriotic, political or athletic purpose and not for pecuniary gain? □□ b.Is the applicant organization a regularly chartered branch, lodge or chapter of a national organization which is operated solely for the □ □ object of a patriotic or fraternal organization or society, but not for pecuniary gain? c.How long has the club been incorporated? d.Has applicant occupied an establishment for three years (three years required) that was operated solely for the reasons stated above? □ □ 21.Brew-Pub, Distillery Pub or Vintner's Restaurant applicants answer the following:□ □ a.Has the applicant received or applied for a Federal Permit? (Copy of permit or application must be attached) 22.Campus Liquor Complex applicants answer the following: a.Is the applicant an institution of higher education?□ □ b. Is the applicant a person who contracts with the institution of higher education to provide food services?□ □ If "yes" please provide a copy of the contract with the Instituti on of higher education to provide food services. 23.For all on-premises applicants. a.Hotel and Restaurant, Lodging and Entertainment, Tavern License and Campus Liquor Complex, the Registered Manager must also submit an Individual History Record -DR 8404-1 and fingerprint submitted to approved State Vendor through the Vendor's website. See application checklist, Section IV, for details. b. For all Liquor Licensed Drugstores (LLDS) the Permitted Manager must also submit an Manager Permit Application -DR 8000 and fingerprints. Last Name of Manager I First Name of Manager Looan Austin 24.Does this manager act as the manager of, or have a financial interest in, any other liquor licensed establishment in the State of Yes No Colorado? If yes, provide name, type of license and account number.□� 25.Related Facility -Campus Liquor Complex applicants answer the following:□ □ a.Is the related facility located within the boundaries of the Campus Liquor Complex? If yes, please provide a map of the geographical location within the Campus Liquor Complex. If no, this license type is not available for issues outside the geographical location of the Campus Liquor Complex. b.Designated Manager for Related Facility-Campus Liquor Complex Last Name of Manager I First Name of Manager 26.Tax Information.Yes No a.Has the applicant, including its manager, partners, officer, directors, stockholders, members (LLC), managing members (LLC), or any □other person with a 10% or greater financial interest in the applicant, been found in final order of a tax agency to be delinquent in the payment of any state or local taxes, penalties, or interest related to a business? b.Has the applicant, including its manager, partners, officer, directors, stockholders, members (LLC), managing members (LLC), or any □ �other person with a 10% or greater financial interest in the applicant failed to pay any fees or surcharges imposed pursuant to section 44-3-503, C.R.S.?., .. 27.If applicant is a corporation, partnership, association or limited liability company, applicant must list all Officers, Directors, General Partners, and Managing Members. In addition, applicant must list any stockholders, partners, or members with ownership of 10% or more In the applicant. All persons listed below must also attach form DR 8404-1 (Individual History Record), and make an appointment with an approved State Vendor through their website. See application checklist, Section IV, for details. Name Home Address, City & State DOB Position %Owned Scott Dorman 1335 Kinnikinnic Ct, Estes Park CO Board President 0 Name Home Address, City & State DOB Position %Owned Stanley C. Gengler 1120 Fairway Club Ln, Estes Park, CO Vice President 0 Name Home Address, City & State DOB Position %Owned August Holmquist 650 Whispering Pines, Estes Park, CO Board Treasurer 0 Name Home Address, City & State DOB Position %Owned Sarah Metz 2635 Sunrise Ct, Estes Park, CO Board Secretary 0 Name Home Address, City & State DOB Position %Owned Heather Gooch 1557 Dunraven Glade, Glen Haven.CO At-Large 0 -If applicant is owned 100% by a parent company, please list the designated principal officer on above. ** Corporations -the President, Vice-President, Secretary and Treasurer must be accounted for above (Include ownership percentage if applicable) ••If total ownership percentage disclosed here does not total 100%, applicant must check this box: � Applicant affirms that no individual other than these disclosed herein owns 10% or more of the applicant and does not have financial interest in a prohibited liquor license pursuant to Article 3 or 5, C.R.S. 4 Page 169 DR 8404 (12/29/21) Name Type of License Account Number Oath Of Applicant I declare under penalty of perjury in the second degree that this application and all attachments are twe,correct,and complete to the best of my knowledge.I also acknowledge that it is my responsibility and the responsibility of my agents and employees to comply with the provisions of the Colorado Liquor or Beer Code which affect my license. Authorized Signature Printed Name and Title Datef%__%1O Tom Carosello,Executive Director 4/7/2022 Report and Approval of Local Licensing Authority (City/County) Date application filed with local authority Date of local authority hearing (for new license applicants;cannot be less than 30 days from date of application) ‘RE?1L- The Local Licensing Authority Hereby Affirms that each person required to file D 8404-I (Individual History Record)or a DR 8000 (Manager Permit)has been: E Fingerprinted Subject to background investigation,including NCIC/CCIC check for outstanding warrants That the local authority has conducted,or intends to conduct,an inspection of the proposed premises to ensure that the applicant is in compliance with and aware of,liquor code provisions affecting their class of license (Check One) Date of inspection or anticipated date _______________________ Will conduct inspection upon approval of state licensing authority Is the Liquor Licensed Drugstore fLLDS)or Retail Liquor Store fRLS)within 1,500 feet of another retail liquor license for off-Yes No premises sales in a jurisdiction with a population of>10,0000?fl D Is the Liquor Licensed Dmgstore(LLDS)or Retail Liquor Store (RLS)within 3,000 feet of another retail liquor license for off- premises sales in a jurisdiction with a population of <10,0000? NOTE:The distance shall be determined by a radius measurement that begins at the principal doorway of the LLDS/RLS premises for which the application is being made and ends at the principal doorway of the Licensed LLDS/RLS. E Does the Liquor-Licensed Drugstore (LLDS)have at least twenty percent (20%)of the applicant’s gross annual income derived from the sale of food,during the prior twelve (12)month period? The foregoing application has been examined;and the premises,business to be conducted,and character of the applicant are satisfactory.We do report that such license,if granted,will meet the reasonable requirements of the neighborhood and the desires of the adult inhabitants,and will comply with the provisions of Title 44,Article 4 or 3,CR3.,and Liquor Rules.Therefore,this application is approved. Local Licensing Authority for Telephone Number E Town,City ü County Signature Print Title Date Signature Print Title Date 5 Page 170 DR 8495 (07/23/19) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division Tax Check Authorization, Waiver, and Request to Release Information I, Tom Carosella, Executive Director am signing this Ta x Check Authorization, Waiver and Request to Release Information (hereinafter "Waiver'') on behalf of Estes Valley Recreation & Park District (the "Applicant/Licensee") to permit the Colorado Department of Revenue and any other state or local taxing authority to release information and documentation that may otherwise be confidential, as provided below. If I am signing this Waiver for someone other than myself, including on behalf of a business entity, I certify that I have the authority to execute this Waiver on behalf of the Applicant/Licensee. The Executive Director of the Colorado Department of Revenue is the State Licensing Authority, and oversees the Colorado Liquor Enforcement Division as his or her agents, clerks, and employees. The information and documentation obtained pursuant to this Waiver may be used in connection with the Applicant/Licensee's liquor license application and ongoing licensure by the state and local licensing authorities. The Colorado Liquor Code, section 44-3-101. et seq. ("Liquor Code"), and the Colorado Liquor Rules, 1 CCR 203-2 ("Liquor Rules"), require compliance with certain tax obligations, and set forth the investigative, disciplinary and licensure actions the state and local licensing authorities may take for violations of the Liquor Code and Liquor Rules, including failure to meet tax reporting and payment obligations. The Waiver is made pursuant to section 39-21-113(4), C.R.S., and any other law, regulation, resolution or ordinance concerning the confidentiality of tax information, or any document, report or return filed in connection with state or local taxes. This Waiver shall be valid until the expiration or revocation of a license, or until both the state and local licensing authorities take final action to approve or deny any application(s) for the renewal of the license, whichever is later. Applicant/Licensee agrees to execute a new waiver for each subsequent licensing period in connection with the renewal of any license, if requested. By signing below, Applicant/Licensee requests that the Colorado Department of Revenue and any other state or local taxing authority or agency in the possession of tax documents or information, release information and documentation to the Colora do Liquor Enforcement Division, and is duly authorized employees, to act as the Applicant's/Licensee's duly authorized representative under section 39-21-113(4), C. R.S., solely to allow the state and local licensing authorities, and their duly authorized employees, to investigate compliance with the Liquor Code and Liquor Rules. Applicant/Licensee authorizes the state and local licensing authorities, their duly authorized employees, and their legal representatives, to use the information and documentation obtained using this Waiver in any administrative or judicial action regarding the application or license. Name (Individual/Business) Estes Valley Recreation & Park District dba Estes Park Golf Course Address 660 Community Drive City Estes Park I Social Security Numcation Number I State co IZip Home Phone Number (970)481-1354 !Business/Work Phone Number · (970)586-8191 Printed name of person signing on behalf of the ApplicanULicensee Tom Carosella, Executive Director Applicant/Licensee's Signature (Signature authori�e disclosure of confidgntial tax information) V v'W'-('; ---1_1'- ·Privacy Act Statement !Date signed 04/07/2022 Providing your Social Security Number is voluntary and no right, benefit or privilege provided by law will be denied as a result of refusal to disclose it.§ 7 of Privacy Act, 5 uses§ 552a (note). Page 171 /ESIES VALLEY Recreation &Park District District Administration Office 660 Community Drive,P.O.Box 1379,Estes Park,Colorado 80517 WWW.EVRPD.COM Estes Valley Recreation and Park District -Estes Park Golf Course Colorado Liquor Retail License Application Response to Question #14 (Form DR 8404) Has a liquor or beer license ever been issued to the applicant (including any of the partners,if a partnership;members or manager if a Limited Liability Company;or officers,stockholders or directors if a corporation)?If yes,identify the name of the business and list any current financial interest in said business including any loans to or from a licensee. Yes. Liquor License Number:4707896 Expiration:July 12,2022 License Type:Hotel &Restaurant!Optional (City) Issued to:Estes Valley Rec &Park District;Smokin Daves LLC dba Hangar Restaurant at Estes Park Golf Course 1480 Golf Course Road,Estes Park,CO 80517-7403 Liquor License Number:0320312-001 Expiration:March 6,2022 (in process of renewal) License Type:Fermented Malt Beverage,on premises (City) Issued to:Estes Valley Rec &Park District dba Lake Estes Golf Course 690 Big Thompson Avenue,Estes Park,CO 80517 Page 172 - All This building included other area around Page 173 0 ‘ - V 1 ) 0 0C wC Page 174 DR 8404-I (03/20/19) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division (303)205-2300 Individual History Record To be completed by the following persons,as applicable:sole proprietors;general partners regardless of percentage ownership,and limited partners owning 10%or more of the partnership;all principal officers of a corporation,all directors of a corporation,and any stockholder of a Corporation owning 10%or more of the outstanding stock;managing members or officers of a limited liability company, and members owning 10%or more of the company;and any intended registered manager of Hotel and Restaurant,Tavern and Lodging and Entertainment class of retail license Notice:This individual history record requires information that is necessary for the licensing investigation or inquiry.All questions must be answered in their entirety or the license application may be delayed or denied.If a question is not applicable,please indicate so by N/A’.Any deliberate misrepresentation or material omission may jeopardize the license application.(Please attach a separate sheet if necessary to enable you to answer questions completely) 1.Name of Business Home Phone Number Cellular Number Estes Valley Recreation and Park District 970-586-8652 970-672-7676 2.Your Full Name (last,first,middle)3.List any other names you have used Dorman,Scott,Aaron 4.Mailing address (if different from residence)Email Addr ss cott@EVRPD.com 5. List current residence address.Include any previous addresses within the last five years.(Attach separate sheet if necessary) Street and Number City,State,Zip From To Current 1335 Kinnikinnic Ct Estes Park,CO 1/01/1997 Present Previous - 6.List all employment within the last five years.Include any self-employment.(Attach separate sheet if necessary) Name of Employer or Business Address (Street,Number,City,State,Zip)Position Held From To Retired 7/2/2016 Present 7.List the name(s)of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. Name of Relative Relationship to You Position Held Name of Licensee 8.Have you ever applied for,held,or had an interest in a Colorado Liquor or Beer License,or loaned money, furniture,fixtures,equipment or inventory to any licensee?(If yes,answer in detail.)Yes .‘No 9.Have you ever received a violation notice,suspension,or revocation for a liquor law violation,or have you applied for or been denied a liquor or beer license anywhere in the United States?(If yes,explain in detail.)Yes ‘No Page 175 DR 8404·1 (03120/19) 10.Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited □Yes l&JNobail for any offense in criminal or military court or do you have any charges pending? (If yes, explain in detail.) 11.Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a □Yes !BJ Nodeferred sentence? (If yes, explain in detail.) 12.Have you ever had any professional license suspended, revoked, or denied? (If yes, explain in detail.)□Yes �No Personal and Financial Information Unless otherwise provided by law, the personal information required in question #13 will be treated as confidential. The personal information reouired in ouestion #13 is solelv for identification ourooses. I I13 c. Place of Birth Troy, NY d. U.S. Citizen �Yes 0Noe.If Naturali zed, state where f.When g. Name of District Courth. Naturalization Certificate Number i.Date of Certification j. lfanAlien, Give Alien's Registration Card Numberlk.Permanent Residence Card NumberI.Height I m. Weight In.Hair Color o. Eye Color173 5 • 911 brown/grey Blue 1P-GenderMale I q. Do you have a current Driver's License/ID? If so, give number and state. � Yes D No # state Colorado 14.Financial Information.a. Total purchase ��A or investment being made by the applying entity, corporation, partnership, limited liability company, other.$b.List the total amount of the personal investment , made by the person listed on question #2, in this business including anynotes, loans, cash, services or equipment, operating capital, stock purchases or fees paid. $ N/A•If corporate Investment only please skip to and complete section (d)** Section b should reflect the total of sections c and ec.Provide details of the personal investment described in 14b. You must account for all of the sources of this investment.(Attach a separate sheet if needed)Type: Cash, Services or Equipment Account Type Bank Name N/A N/A N/A Amount N/A d.Provide details of the corporate investment described in 14 (a). You must account for all of the sources of this investment. (Attach aseparate sheet if needed)Type: Cash, Services or Equipment Loans Account Type Bank Name Amount N/A N/A N/A N/A N/A e.Loan Information (Attach copies of all notes or loans)Name of Lender Address Term Security Amount N/A N/A N/A N/A N/A Oath of Applicant I declar.e under oenaltv of =riurv that this annlication and all attachments are true correct and comolete to the best of mv knowledoe. ��nature � I Print Signature . /Ji eL-u...., ( L�'-'-Scott Aaron Dorman ITitle Board President �ate /29/2022 Page 176 DR 8404-I (03/20/19) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division (303)205-2300 Individual History Record To be Completed by the following persons,as applicable:sole proprietors;general partners regardless of percentage ownership,and limited partners owning 10%or more of the partnership;all principal officers of a corporation,all directors of a corporation,and any stockholder of a corporation owning 10%or more of the outstanding stock;managing members or officers of a limited liability company, and members owning 10% or more of the company;and any intended registered manager of Hotel and Restaurant,Tavern and Lodging and Entertainment class of retail license Notice:This individual history record requires information that is necessary for the licensing investigation or inquiry.All questions must be answered in their entirety or the license application may be delayed or denied.If a question is not applicable,please indicate so by ‘N/A”.Any deliberate misrepresentation or material omission may jeopardize the license application.(Please attach a separate sheet if necessary to enable you to answer questions completely) 1.Name of Business Home Phone Number Cellular Number Estes Valley Recreation and Park District 970-213-7283 2.Your Full Name (last,first,middle)3. List any other names you have used Gengler,_Stanley_C 4.Mailing address (if different from residence)Email Address stan@evrpd.com 5.List current residence address.Include any previous addresses within the last five years.(Attach separate sheet_if_necessary) Street and Number City,State,Zip From To Current 1120 Fairway Club Lane Estes Park,CO 80517 1 Previous 6.List all employment within the last five years.Include any self-employment.(Attach separate sheet if necessary) Name of Employer or Business Address (Street,Number,City,State,Zip)Position Held From To Retired ‘7_o)\?‘- 7.List the name(s)of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. 8.Have you ever applied for,held,or had an interest in a Colorado Liquor or Beer License,or Ioaneo money, furniture,fixtures,eciuipment or inventory to any licensee?(If yes,answer in detail.)‘‘Yes No Name of Relative NA Relationship to You Position Held Name of Licensee For Estes Valley Recreation and Park District 9.Have you ever received a violation notice,suspension,or revocation for a liquor law violation,or have you applied for or been denied a liquor or beer license anywhere in the United States?(If yes,explain in detail.)Yes ‘‘No Page 177 DR 8404-1 (03/20/19) 10.Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited □Yes �Nobail for any offense in criminal or military court or do you have any charges pending? (If yes, explain in detail.) 11. Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a □Yes �Nodeferred sentence? (If yes, explain in detail.) 12.Have you ever had any professional license suspended, revoked, or denied? (If yes, explain in detail.)□Yes �No Personal and Financial Information Unless otherwise provided by law, the personal information required in question #13 will be treated as confidential. The personalinformation reauired in auestion #13 is solelv for identification purposes. 13a. Date of Birth b. Social Security Number c. Place of Birth �Yes □No it KS e.state where f.When g.Name of District Court I Bello , I d. U.S. Citizen h. Naturali zation Certificate Number i. Date of Certification j. If an Alien, Give Alien's Registration Card Number I k. Permanent Residence Card Number I.Height Im. Weight In. Hair Color6'2" 225 white o.Eye Color blue IP· Gender Male I q. � Do Yes you D have No a # curree/ID? If State so, give number CO and state. 14.Financial Information.a.Total purchase price or investment being made by the applying entity, corporation , partnership, limited liability company, other.$ NA b.List the total amount of the personal investment , made by the person listed on question #2, in this business including anynotes, loans, cash, services or equipment, operating capital, stock purchases or fees paid. $ NA * If corporate investment only please skip to and complete section (d)•• Section b should reflect the total of sections c and e c.Provide details of the personal investment described in 14b. You must account for all of the sources of this investment.(Attach a separate sheet if needed) Type: Cash, Services or Equipment Account Type Bank Name Amount NA d.Provide details of the corporate investment described in 14 (a). You must account for all of the sources of this investment. (Attach aseparate sheet if needed) Type: Cash, Services or Equipment Loans Account Type Bank Name Amount NA e.Loan Information (Attach copies of all notes or loans)Name of Lender Address Term Security Amount NA Oath of Applicant I declare under oenaltv of oeriurv that this annlication and all attachments are true correct and comolete to the best of mv knowledae.Aut){;/ �ignare/j /1 , 'L,, - n� --I .'-' �.i k 0 I PS Signature t, I I Title f t'.l-N /e4 , (;,e,,,.J 4 -e_ e. J J Board Member I Date 04/05/22 Page 178 DR 8404-I (03/20/1 9) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division (303)205-2300 Individual History Record To be completed by the following persons,as applicable:sole proprietors;general partners regardless of percentage ownership,and limited partners owning 10%or more of the partnership;all principal officers of a corporation,all directors of a corporation,and any stockholder of a corporation owning 10%or more of the outstanding stock;managing members or officers of a limited liability company, and members owning 10%or more of the company;and any intended registered manager of Hotel and Restaurant,Tavern and Lodging and Entertainment class of retail license Notice:This individual history record requires information that is necessary for the licensing investigation or inquiry.All questions must be answered in their entirety or the license application may be delayed or denied.If a question is not applicable,please indicate so by N/A”.Any deliberate misrepresentation or material omission may jeopardize the license application.(Please attach a separate sheet if necessary to enable you to answer questions completely) 1.Name of Business Home Phone Number Cellular Number Estes Valley Recreation and Park District 970-586-3606 2.Your Full Name (last,first,middle)3. List any other names you have used Holmquist,August C Holmquist,Jack 4.Mailing address (if different from residence)Email Address jack@evrpd.com 5.List current residence address.Include any previous addresses within the last five years.(Attach separate sheet_if_necessary) Street and Number City,State,Zip From To Current . -650 Whispering Pines Estes Park,CO 80517 Je’i’S Previous 6.List all employment within the last five years.Include any self-employment.(Attach separate sheet if necessary) Name of Employer or Business Address (Street,Number,City,State,Zip)Position Held From To Retired 3 pcct- 7.List the name(s)of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. 8.Have you ever applied for,held,or had an interest in a Colorado Liquor or Beer License,or loaned money, furniture, fixtures,equipment or inventory to any licensee?(If yes,answer in detail.)Yes .‘No Name of Relative Relationship to You Position Held Name of Licensee 9.Have you ever received a violation notice,suspension,or revocation for a liquor law violation,or have you applied for or been denied a liquor or beer license anywhere in the United States?(If yes,explain in detail.)Yes No Page 179 DR 8404-1 (03/20/19) 10.Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited □Yes �Nobail for any offense in criminal or military court or do you have any charges pending? (If yes, explain in detail.} 11. Are you currently under probation (supervised or unsupervised}, parole, or completing the requirements of a □Yes �Nodeferred sentence? (If yes, explain in detail.} 12.Have you ever had any professional license suspended, revoked, or denied? (If yes, explain in detail.}□Yes �No Personal and Financial Information Unless otherwise provided by law, the personal information required in question #13 will be treated as confidential. The personal information reauired in auestion #13 is solelv for identification ourooses. 13a. Date of Birth I b. Socia l Security Number c. Place of Birth I �Yes 0NoOmaha, NE d.U.S. Citizen e .If Naturalized, state where f. When g. Name of District Court h. Naturalization Certificate Number i. Date of Certification j. If an Alien, Give Alien's Registration Card NumberI k.Permanent Residence Card Number I. Height Im. Weight In. Ha ir Color5'11"168 white o.Eye Colorblue IP·Gender male Iq.Do you have a current Driver's License/ID? If so, give number and state. �Yes 0No # CO14.Financial Information.a.Total purchase price or investment being made by the applying entity, corporation, partnership, limited liability company, other.$ N/Ab.List the total amount of the personal investment , made by the person listed on question #2, in this business including anynotes, loans, cash, services or equipment, operating capital, stock purchases or fees paid. $ N/A•If corporate invesbnent only please skip to and complete section (d)-Section b should reflect the total of sections c and ec.Provide details of the personal investment described in 14b. You must account for all of the sources of this investment.(Attach a separate sheet if needed}Type: Cash, Services or Equipment Account Type Bank Name Amount N/A d.Provide details of the corporate investment described in 14 (a}. You must account for all of the sources of this investment. (Attach aseparate sheet if needed}Type: Cash, Services or Equipment Loans Account Type Bank Name AmountN/A e.Loan Information (Attach copies of all notes or loans}Name of Lender Address Term Security Amount N/A Oath of Applicant I declare under oenaltv of oeriurv that this annlication and all attachments are true correct and comolete to the best of mv knowledae. Au��-)L.1,.nhw.11-I vv Ir ' , , I Print Signature /4, I Title /µtat( s 'r C:, I L,t,ef]t.ds 7' Board Member I Date 03/31/22 Page 180 DR 8404-I (0312011 COLORADO DEPI TUENT OF REVENUE Liquor Enforcement DMsion (303)205-2300 Individual History Record To be complete I by the following persons,as applicable:sole proprietors;general partners regardless of percentage ownership,and limited partner owning 10%or mote of the partnership;all principal officers of a corporation,all directors of a corporatioe ,and any stockholder of corporation owning 10%or more of the outstanding stock;managing members or officers of a limited hal ility company, and members lining 10%or more of the company;and any intended registered manager of Hotel and Restaurant,Tave n and Lodging and E tertainment class of retail license Notice:This i dividual history record requires information that is necessary for the licensing investigation or inquiry.All uestions must be answ red in their entirety or the license application may be delayed or denied.If a question is not applicable,p1 ase indicate so by N!A”.A iy deliberate misrepresentation or material omission may jeopardize the license application.(Plea e attach a separate shee if necessary to enable you to answer questions completely) 1.Name of Bust ess Home Phone Number Cellular Number I s4es ç2Qc P—15irt Ci--frl4’O0 2.Your Full Narre (fast,first,middle)3.List any other names you have use M €1-z 5o.vaJ-t Ferl+vl 5oA’oh tA.Q*z,5ttfC 1W1 4.MaIling addres (If different from residence)Email Address I s&evrpd.Co 5.List current residence address.Include any previous addresses within the last five years.(Attach separate sheet if necessary) Street and Number City,State,Zip From To Current Co’--s1e lrk1 ?5floçz-f-e Fz k,C.c’5t7 4J.oL3 (4°’’ 6.List all emp’oyment within the last fIve years.Include any self-employment.(Attach separate sheet if necessary) Name of Employer or Business Address (Street,Number,City,State,Zip)Position Held From To PJ&J JOfYS fQ:u&!P Pcfr ‘1.202’-çre 51f S LV fe,H-h i-t t j o-1 7.List tTie name(s)of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. Name of Relative Relationship to You Position Held Name of Licensee 8.Have you ‘er applied for,held, or had an interest in a Colorado Liquor or Beer License,or loanea money, furniture,fi tures,equipment or inventory to any licensee?(It yes,answer in detail.)Tes No 4oted r 5i1t bcii/tU 9.Have you ver received a violation notice,suspension,or revocation for a liquor law violation,or have you applied for or been denied a liquor or beer license anywhere in the United States?(If yes,explain in detail.)L Yes No Page 181 DR 8404-1 (03/20/1 ) 10.Have you 1 �ver been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited □ Yes @1Jobail for an• offense in criminal or military court or do you have any charges oending? (If ves, explain in detail.) 11.Are you cu rrently under probation (supervised or unsupervised), parole, or completing the requirements of a □ Yes ctNodeferred SE ntence? (If ves, explain in detail.) 12.Have you wer had any professional license suspended, revoked, or denied? (If yes, explain in detail.)□ Yes �o Personal and Financial Information Unless otheM se provided by law, the personal information required in question #13 will be treated as confidential. The :>ersonal information re 1uired in auestion #13 is solelv for identification ourooses. 13a.c. Place of Birth I [�es 0No of Bir1 curity Number F/01-ida.., k.C:-A d.U.S. Citizene.If Naturalrz.ed, h.Naturalization I.Height Im. V\ 'I'll" JO' 14.Financial I a. Total p b.List thtnotes, *lfco1 ** Sectl c.Provide det; state where Certificate Number ight In. Hair Color'* R/t>N!J11formation. f. When g. Name of District Court i. Date of Certification j. If an Allen, Give Alien's Registration Card Number k. Permanent Residenc o. Eye Color _l:JJ,u.Ip. Gender li!Mt'.1 . .'A I� Yes you □have No a # current D If so �rchase price oynvestrnent being made by the applying entity, corporation, partnership, limited liability co Al 'A, total amount of the personal investment , made by the person listed on question #2, in this busi7,ss inc cans, cash, services or equipment, operating capital, stock purchases or fees paid. $ Ai a . porate Investment only please skip to and complete section (d) on b should reflect the total of sections c and e ils of the personal investment described in 14b. You must account for all of the sources of this investmen1 (Attach a se parate sheet if needed) Type: Cash, Services or Equipment Account Type Bank Name A)/ A d.Provide det �ils of the corporate investment described in 14 (a). You must account for all of the sources of this invest" separate_ sh eet if needed)Type: Cash Services or Equipment Loans Account Type Bank Name Nl4. e. Loan lnfom ation (Attach copies of all notes or loans)1\1:Jme of Lender Address Term Security NIA Oath of Applicant I declare unde r oenaltv of oeriurv that this annlication and all attachments are true correct and comolete to the best of Aut':ld Sig� j!tUre m.;A I Print Signature J.,,{p_,tz_ �� A.Ir ,,I,, ,({a,,y11,,1t tW-d �cre�t11 '-" le Card Number ier and state. ,:;,d c::, :npany, other. µding any Amount ent. (Attach a Amount Amount nv knowledae. 1�121/�,. Page 182 DR 8404-I (03/20/19) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division (303)205-2300 Individual History Record To be completed by the following persons,as applicable:sole proprietors;general partners regardless of percentage ownership,and limited partners owning 10%or more of the partnership;all principal officers of a corporation,all directors of a corporation,and any stockholder of a corporation owning 10%or more of the outstanding stock;managing members or officers of a limited liability company, and members owning 10% or more of the company;and any intended registered manager of Hotel and Restaurant,Tavern and Lodging and Entertainment class of retail license Notice:This individual history record requires information that is necessary for the licensing investigation or inquiry.All questions must be answered in their entirety or the license application may be delayed or denied.If a question is not applicable,please indicate so by “N!A”.Any deliberate misrepresentation or material omission may jeopardize the license application.(Please attach a separate sheet if necessary to enable you to answer questions completely) 1.Name of Business Home Phone Number Cellular Number Estes Valley Recreation and Parke District 970-203-5458 2.Your Full Name (last,first,middle)3.List any other names you have used Gooch,Heather Marie Heather Marie Bradley 4.Mailing address (if different from residence)Email Address PC Box 201 Glen Haven,CO 80532 heatherg@evrpd.com Street and Number City,State,Zip From To Current 1557 Dunraven Glade Road Glen Haven,CC 80532 2016 Present Previous 455 Skyline Drive Estes Park,CC 80517 2072 2016 6.List all employment within the last five years.Include any self-employment.(Attach separate sheet if necessary) Name of Employer or Business Address (Street,Number,City,State,Zip)Position Held From To Estes Park School District 1605 Brodie Ave Estes Park,CO 80517 Exec.Asst.2015 Present 7.List the name(s)of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. 8.Have you ever applied for,held,or had an interest in a Colorado Liquor or Beer License,or loaned money, furniture,fixtures,equipment or inventory to any licensee?(If yes,answer indetaH.)Yes No Name of Relative Relationship to You Position Held Name of Licensee 9.Have you ever received a violation notice,suspension,or revocation for a liquor law violation,or have you applied for or been denied a liquor or beer license anywhere in the United States?(If yes,explain in detail.)Yes ‘‘No 5.List current residence address.Include any previous addresses within the last five years.(Attach separate sheet if necessary) Page 183 DR 8404-1 (03/20/19) 10.Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited □Yes I&) Nobail for any offense in criminal or military court or do you have any charges pending? {If yes, explain in detail.) 11. Are you currently under probation {supervised or unsupervised), parole, or completing the requirements of a □Yes I&) Nodeferred sentence? {If yes, explain in detail.) 12.Have you ever had any professional license suspended, revoked, or denied? {If yes, explain In detail.)□Yes �No Personal and Financial Information Unless otherwise provided by law, the personal information required in question #13 will be treated as confidential. The personalInformation reoulred in auestion #1 3 is solelv for identification ourooses. 13a. Date of Birth b. Social Security Number c. Place of Birth I d. U.S. Citizen �Yes □No 1 I Bradford, Pennsylvania e.If Naturalized, state where f. When g. Name of District Court h. Natural ization Certificate Number I. Date of Certification j. If an Affen, Give Alien's Registration Card Number I k. Permanent Residence Card Number I. Height ,m. Wei ght r· Hair Color5' 4" 170 Red o. Eye Color Green IP· GenderFema le I q. � Do Yes you D have No a # currenID? If State so, give number Colorado and state. 14.Financial Information.a.Total purchase price or investment being made by the applying entity, corporation, partnership, limited liablllty company, other.$ N/A b.List the total amount of the personal investment , made by the person listed on question #2, in this business including anynotes, loans, cash, services or equipment, operating capital, stock purchases or fees paid. $ NIA • If corporate investment only please skip to and complete section (d)** Section b should reflect the total of sections c and e c.Provide details of the personal investment described in 14b. You must account for all of the sources of this investment.{Attach a separate sheet if needed) Type: Cash, Services or Equipment Account Type Bank Name Amount NIA d.Provide details of the corporate investment described in 14 {a). You must account for all of the sources of this investment. {Attach aseparate sheet if needed) Type: Cash, Services or Equipment Loans Account Type Bank Name Amount NIA e.Loan Information {Attach copies of all notes or loans)Name of Lender Address Term Security Amount NIA Oath of Applicant I declare under oenaltv of oeriurv that this annlication and all attachments are true correct and comolete to the best of mv kn owledae. �ed Signature �. 11.._ ,t;.J1'u�..,. I Print Signature HeatherGooch 'Title Board Member 'Dale 3/29/22 Page 184 DR 8404-I (03/20/19) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division (303)205-2300 Individual History Record To be completed by the following persons,as applicable:sole proprietors;general partners regardless of percentage ownership,and limited partners owning 10%or more of the partnership;all principal officers of a corporation,all directors of a corporation,and any stockholder of a corporation owning 10%or more of the outstanding stock;managing members or officers of a limited liability company, and members owning 10%or more of the company;and any intended registered manager of Hotel and Restaurant,Tavern and Lodging and Entertainment dass of retail license Notice:This individual history record requires information that is necessary for the licensing investigation or inquiry.All questions must be answered in their entirety or the license application may be delayed or denied.If a question is not applicable,please indicate so by ‘N/A”.Any deliberate misrepresentation or material omission may jeopardize the license application.(Please attach a separate sheet if necessary to enable you to answer questions completely) 1.Name of Business Home Phone Number Cellular Number Estes Park 18-Hole Golf Course 970-586-8146 970-443-7694 2.Your Full Name (last,first,middle)3.List any other names you have used Austin Taylor Logan 4.Mailing address (if different from residence)Email Address austingolfestes.com 5.List current residence address.Include any previous addresses within the last five years.(Attach separate sheet if necessary) Street and Number City,State,Zip From To Current 1050 S Saint Vram Aye,El Estes Park,CO 80517 09/01/22 Previous 2087 Eagle Cliff Road Estes Park,CO 80517 05/31/20 08/30/22 6.List all employment within the last five years.Include any self-employment.(Attach separate sheet if necessary) Name of Employer or Business Address (Street,Number,City,State,Zip)Position Held From To Estes Valley Recreation and Park Dis 660 Community Dr,Estes Park,CO 8051 Golf Manager 03/01/20 Estes Valley Recreation and Park Dis 660 Community Dr,Estes Park,CO 8051 sst.Golf ManagE 01101/14 02/28/20 7.List the name(s)of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. Name of Relative Relationship to You Position Held Name of Licensee N/A N/A N/A N/A 8.Have you ever applied for,held,or had an interest in a Colorado Liquor or Beer License,or loaned money, Nfurniture,fixtures,equipment or inventory to any licensee?(If yes,answer in detail.)Yes o 9.Have you ever received a violation notice,suspension,or revocation for a liquor law violation,or have you applied for or been denied a liquor or beer license anywhere in the United States?(If yes,explain in detail.)‘‘es ..No Page 185 DR 8404-1 (03/20/19) 10.Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited □Yes �Nobail for any offense in criminal or military court or do you have any charges pending? (If yes, explain in detail.) 11. Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a □Yes �Nodeferred sentence? (If yes, explain in detail.) 12.Have you ever had any professional license suspended, revoked, or denied? (If yes, explain in detail.)□Yes �No Personal and Financial Information Unless otherwise provided by law, the personal information required in question #13 will be treated as confidential. The personal information reauired in Question #13 is solelv for identification pumnses. 13a. Date of Birth I b. Social Security Number C. Place of Birth I d.U.S. Citizen �Yes ONoEstes Park, CO e. If Naturalized, state where f.When g.Name of District Court h. Naturalization Certificate Number I.Date of Certification j. If an Alien, Give Alien's Registration Card Number I k.Permanent Residence Card Number I.Height I m.Weight I n.Hair Color5-10 200 Brown o.Eye ColorBrown IP·Gender Male I q. Do you have a cuse/ID? If so, give number and state. � Yes D No # 14.Financial Information. a. Total purchase price or investment being made by the applying entity, corporation, partnership, limited liability company, other.$0 b.List the total amount of the personal investment , made by the person listed on question #2, in this business including anynotes, loans, cash, services or equipment, operating capital, stock purchases or fees paid. $ 0 *If corporate investment only please skip to and complete section (d)** Section b should reflect the total of sections c and e c.Provide details of the personal investment described in 14b. You must account for all of the sources of this investment.(Attach a separate sheet if needed) Type: Cash, Services or Equipment Account Type Bank Name Amount d.Provide details of the corporate investment described in 14 (a). You must account for all of the sources of this investment. (Attach aseparate sheet if needed) Type: Cash, Services or Equipment Loans Account Type Bank Name Amount e.Loan Information (Attach copies of all notes or loans) Name of Lender Address Term Security Amount Oath of Applicant I declare under oenaltv of oeriurv that this annlication and all attachments are true. correct and comolete to the best of mv knowledae. Authorized Slg�l�� ¼MIi,\,\ I Print ?\nature , .1�1'lJ ( ,llfyA,,J I 11t1(,01. f rfiAPr'N Aftr,a. l�J;tii.Page 186 _a_ __ _ TOWN OF ESTES P� April 27 2022 Jackie Williamson, Town Clerk Town of Estes Park Estes Park, CO 8051 7 RE: EVRPD dba Estes Park Golf Course Dear Ms. Williamson: Gooch, Heather Metz, Sarah Dorman, Scott A Gengler, Stanley C Holmquist, August C Logan, Austin T A check of the Estes Park Police Department local records on the above business and individuals was conducted. The system reports date back to possibly October of 2004 or more recently when our system upgraded in December 2020. Unfortunately, there is limited information in the update. There are no criminal reports naming any individuals where they are the suspect. There are no reports involving the business in the past year. Sincerely ��� Wes Kufeld Chief of Police, Estes Park Police Department 170 MACGREGOR AVE. P.O. BOX 1287 ESTES PARK, CO 80517 www.estes.org Police Department Wes Kufeld, Chief of Police 970-586-4000 www.estes.org/pd Attachment 4 Page 187 Page 188 PROCEDURE FOR PUBLIC HEARING Applicable items include: Rate Hearings, Code Adoption, Budget Adoption 1.MAYOR. The next order of business will be the public hearing on ACTION ITEM 1. ORDINANCE 03-22 AMENDING CHAPTER 17.66 OF THE ESTES PARK MUNICIPAL CODE REGARDING NEON-STYLE SIGNS  At this hearing, the Board of Trustees shall consider the information presented during the public hearing, from the Town staff, public comment, and written comments received on the item.  Any member of the Board may ask questions at any stage of the public hearing which may be responded to at that time.  Mayor declares the Public Hearing open. 2.STAFF REPORT.  Review the staff report. 3.PUBLIC COMMENT.  Any person will be given an opportunity to address the Board concerning the item. All individuals must state their name and address for the record. Comments from the public are requested to be limited to three minutes per person. 4. MAYOR.  Ask the Town Clerk whether any communications have been received in regard to the item which are not in the Board packet.  Ask the Board of Trustees if there are any further questions concerning the item.  Indicate that all reports, statements, exhibits, and written communications presented will be accepted as part of the record.  Declare the public hearing closed.  Request Board consider a motion. 7.SUGGESTED MOTION.  Suggested motion(s) are set forth in the staff report. Page 189 8.DISCUSSION ON THE MOTION. Discussion by the Board on the motion. 9.VOTE ON THE MOTION. Vote on the motion or consideration of another action. *NOTE: Ordinances are read into record at the discretion of the Mayor as it is not required to do so by State Statute. Page 190 Community Development Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Alex Bergeron, Planner II Date: May 10, 2022 RE: Ordinance 03-22 Amending Chapter 17.66 of the Estes Park Municipal Code Regarding Neon-Style Signs (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: The Town Board will conduct a public hearing and consider a proposed text amendment to the Town of Estes Park Sign Code (“Sign Code”), contained in Chapter 17.66 of the Municipal Code of the Town of Estes Park (“Municipal Code”). The Town Board is the exclusive public hearing review and decision-making body for the proposed code amendment. Present Situation: Staff has received complaints regarding recently-installed neon-style lighting, which is allowed per the Sign Code, though it has resulted in an unusual amount of nighttime illumination near Bond Park. Specifically, neon-style signs displaying a commercial message can be used as “window signs” and be exempt from permit requirements when no more than 25% of a window is used for signage; a regulation which has proven to be imprecise due to a variety of window styles and configurations. In addition, neon- style signs containing messages deemed to be “non-commercial” in nature, such as “open” or “vacancy,” for example, are exempt from permit requirements at this time. Staff is proposing changes to the Sign Code, as described in the “Proposal” section below. Proposal: The proposed text amendments to the Sign Code include the following changes, which are intended to place reasonable restrictions on neon-style signs in a manner which permits their ongoing use in recognition of their utility and historical & cultural significance: •Restrict neon-style signs to non-residential zone districts Page 191 •Remove the exemptions for neon-style signs and how they relate to window signs •Limit the number of neon-style signs to two per business, which includes any type of commercial notification (i.e., “Open/Closed”, “Vacancy/No Vacancy”) •Ensure that the sign display area of neon-style signs is included in the overall allotment of sign display area for a business and restrict the extent that total signage may be comprised of neon-style signs (i.e., neon signs may comprise no more than 25% of total sign display area) •Clarify the relationship between neon-style signs and Electronic Message Centers, and separate EMC regulations from neon-style regulations, which are currently described together in the exemption language •Clean up minor grammatical errors unrelated to neon-style signs and clarify a regulation on free-standing signs Staff finds that the handling of the proposed code amendment is consistent with Municipal Code Chapter 1.04.110 (Amendments): “Any additions or amendments to this Code shall be adopted as ordinances under applicable provisions of the state law, and when passed in such form as to indicate the intention to make the same a part hereof, shall be deemed to be incorporated in this Code so that reference to it as the "Municipal Code of the Town of Estes Park" shall be understood as including such additions or amendments.” Advantages: •Reasonable restrictions on the quantity and extent of neon-style signs may aid in the preservation of the sense of place and dark nighttime ambience Estes Park is known for. •The proposed restrictions on neon-style signs are congruent with the signage allowed in resort communities in Colorado and other gateway communities more generally (see Attachment 3: “Literature Review”). Disadvantages: •Current conditions would cause some businesses to have signs which are not legally conforming. Because some of these signs were installed without a permit, being exempt from permit requirements and review by Town Staff, it may be difficult to determine the extent of legal non-conformance for some signs. Action Recommended: Staff recommends Approval of the code amendment. Finance/Resource Impact: None identified. Page 192 Level of Public Interest Moderate. Approximately five people have submitted verbal comments to the Community Development Department, which is in addition to two business tenants in the vicinity of Bond Park who have met with the Community Development Director on the matter. Any written public comments received are being delivered to the Town Board for consideration. Sample Motion: I move that the Town Board APPROVE Ordinance 03-22. I move to deny Ordinance 03-22. I move to continue Ordinance 03-22 to the next regularly scheduled meeting. Attachments: 1.Ordinance 03-22 2.Exhibit A: Proposed Amendment to Code Text 3.Literature Review Page 193 ORDINANCE NO. 03-22 AN ORDINANCE AMENDING CHAPTER 17.66 OF THE ESTES PARK MUNICIPAL CODE REGARDING NEON-STYLE SIGNS WHEREAS, chapter 17.66 of the Estes Park Municipal Code (the Sign Code) sets forth regulations providing for uniform control of signs within the Town; and WHEREAS, minimizing the adverse effects of signs on nearby public and private property is a key component of the Sign Code regulations; and WHEREAS, complaints have been received by the Town regarding the appearance and quantity of neon-style signs currently present and permitted to be present in the CD (Commercial-Downtown) zone district; and WHEREAS, the Board of Trustees of the Town of Estes Park has determined that it is in the best interest of the Town to amend certain sections of the Municipal Code of the Town of Estes Park, Colorado related to signage, as set forth on Exhibit A. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: Section 1: Chapter 17.66 of the Municipal Code of the Town of Estes Park is hereby amended, by adding underlined material and deleting stricken material, as set forth on Exhibit A. Ellipses indicate material not reproduced as the Board intends to leave that material in effect as it now reads. Section 2: This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication by title. PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park, Colorado this day of _______________, 2022. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced at a regular meeting of the Board of Trustees on the day of , 2022 and published by title in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of , 2022, all as required by the Statutes of the State of Colorado. Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 Page 194 Chapter 17.66 - Signs . . . 17.66.050 - Exempt signs. The following signs may be erected without a sign permit. . . . (12)Neon-style signs that do not display a commercial message (e.g., "open"); (13)Neon-style signs displaying a commercial message, provided that such sign: a.Is eight (8) square feet or less, b.Is located and displayed interior to a building, such as behind window glass, and c.Shall comply with the frequency, duration, and operational standards for on-premises EMCs (Section 17.66110(h)); (124)Incidental signs; (135)Gravestones or grave markers; (146)Nameplates in residential districts; (157)Pennants and festoons; (168)Yard signs that do not exceed thirty-two (32) square feet in sign display area and seven (7) feet in sign height, provided they are not located in any public right-of-way;, (179)Product dispensers and point of purchase displays; (1820) Signs on property being offered for sale or lease, provided that the sign: a.Is an on-premises sign; b.Does not exceed the following sign display area measurements: nine (9) square feet for residentially zoned property, or thirty-two (32) square feet for non-residentially zoned property; and c.Is not artificially illuminated; (1921) Traffic control signs, whether on public or private property (e.g., parking-lot stop signs), provided they conform to the standards of the Manual of Uniform Traffic Control Devices (MUTCD), and provided they do not contain any commercial message or logo; (202)Vehicle signs on properly licensed vehicles used to transport persons or property; (213)Sign not legible from a public right-of-way, with "not legible" defined as: Less than one (1) inch height for the largest letter or graphic element on the sign, measured vertically, for every twenty-five (25) feet of distance from the nearest point in the right-of-way to the nearest letter or graphic element in the sign; (224)Temporary window signs; (235)Messages and graphics transmitted and displayed that are primarily intended for interior view within a building, and only incidentally visible from outside; (246)Window signs that cumulatively constitute less than twenty-five percent (25%) of the window area, excluding neon-style signs; (257)Signs that are held or carried by person(s) at all times when visible from a public right-of- way. . . . 17.66.110 - Sign regulations in non-residential zoning districts (A, CD, CO, CH, O I-1). . . . (b)Total sign display area per lot or business: Frontage on two (2) or more streets. . . . (2)The principal street frontage as defined herein shall be allocated two hundred fifty (250) square feet of total sign display area, . . . (c)Freestanding signs. (1)One (1) freestanding sign shall be permitted per property, irrespective of the number of individual businesses or tenants on said property. For purposes of this subsection, the term "property" shall refer to a single functional developmental site with common circulation and off-street parking (if present), irrespective of the number of recorded lots, parcels, deeds, or similar instruments comprising said property. Attachment 2 Page 195 . . . (6)Exception: Freestanding signs on corner lots. a.A property with a corner location (i.e., with frontage at the point of intersection of two (2) public streets) may elect to combine its front and side street sign allocation into a single corner sign with a total of one hundred eighty (180) square feet of sign display area, measured in accordance with the "sign display area (multi-faced)" definition herein, provided: 1.The sign is a two-faced sign, oriented diagonally so as to be equally visible from both streets; 2.The sign is set back at least five (5) feet from the nearest right-of-way; and 3.The sign does not obstruct the vision of traffic from any direction. . . . (f)On-premises directional signs. . . . (2)Any individual on-premises directional sign shall not exceed six (6) square feet of sign display area. . . . (h)Neon-style signs. (1) Neon-style signs shall be counted toward, and may comprise no more than twenty- five percent (25%) of, the total sign display area. (2)Any neon-style sign shall not exceed eight (8) square feet in sign display area. (3)No more than two neon-style signs shall be allowed per business. (4)Neon-style signs shall remain static with no additional effects (including, but not limited to, fading, flashing, blinking, twinkling, waving, and rumbling). (5) Neon-style signs are only permitted in non-residential zone districts. (ih) On-premises electronic message centers (EMCs): Number and type of signs permitted. . . . Page 196 Literature Review - Neon-style Signs: Analysis of Sign Codes in Relevant Municipalities Relevant code language (in quotes) retrieved in March 2022. Bolded text represents staff thoughts. 1.Longmont, Colorado: a.“Window signs are allowed and are exempt from the sign permit requirement, provided window signage does not cover more than 25 percent of a window opening or 50 percent of any one window panel if a window opening contains multiple window panels.” (15.06.020.D/Signs Exempt from Permit Requirement/Window Signs) Consider updating language to better define extent of a window, if ultimately appropriate. b.“Neon or LED lighting not within the lettering or logo of a sign shall be subject to section 15.06.040, General Sign Regulations, and section 15.05.140, Outdoor Lighting.” (15.06.030.D/Prohibited Signs/Neon or LED Lighting Signs) Does not appear that it is banned due to other requirements on lighting (#c, below). i.General Sign Regulations are quite broad indeed, and outdoor lighting not quite applicable. c.“Exposed neon and exposed LED lighting on any portion of a building or structure except within the lettering or logo on a freestanding or wall sign, is subject to the provisions of section 15.05.140, outdoor lighting. Exposed neon and exposed LED lighting is prohibited on signs within or adjacent to and facing a residential zoning district unless otherwise exempted in this chapter.” (15.06.040.I/General Sign Regulations/Sign Illumination) Consider prohibiting signs on lots in or adjacent to residential zone districts. 2.Loveland, Colorado: a.“1. Small Signs. Up to two signs, tablets, nameplates, or plaques per frontage, per premises, provided that no individual sign face exceeds two square feet…6. Window Signs. Window signs.” (18.04.08.04.B/Exempt signs) There is no expansion on or apparent definition of “window sign,” suggesting all are exempt. “Neon” does not appear in sign code, and is only referenced elsewhere in the municipal code in reference to architectural accent lighting. 3.Grand Lake, Colorado: a.“Window” means an opening in the wall or door(s) of a building to let in light along with the frame and panes of glass that fill it. “Window sign” means a sign installed on the inside or outside of a window and intended to be viewed from the outside.” (6-2- 5/Definitions) b.“Interior window signs. (Exempt)” (6-2-9(B)/Signs permitted in all districts). Appears to state that all window signs are exempt without limitation (introduction to section states no permits are required for exempt signs). However, worded a bit funny…interior windows? Must mean inward facing side of window. c.“A property may have a single, noncommercial temporary sign up to six square feet in area…(Exempt).” (6-2-9(N)/Signs permitted in all districts) Any property may have one moderately sized non-commercial sign, and it appears (though it is not clear) that this is in addition to all other signs. d.Question the acceptability of using this sign code for reference, because prohibition on “words…of an obscene, indecent or immoral character” could have First Amendment complications. Really not a very good reference. Attachment 3 Page 197 4.Golden, Colorado: a.Neon signs require an electrical permit. Only reference in the Code which uses the term “neon” relates to their “exposed linear lamps” being prohibited for use as outdoor lighting b.“Illumination. Illuminated signs shall be designed to avoid glare or concentration of illumination and to direct light away from residential properties and away from the vision of pedestrians and motorists. Illumination may be internal to the sign through translucent material or by floodlighting of the sign from a concealed light source. Lighting must use downcast and fully-shielded fixtures to help alleviate light trespass across property lines, as well as glare.” (18.32.060(c)/Design and Construction requirements). Supports notion that brighter signs are acceptable in commercial districts when facing away from residential areas. 5.Breckenridge, Colorado: a.“Internally lit signs placed on the exterior of a building, or within five feet (5') of a window of a building.” (9-15-11.I./Prohibited Signs). Appears that neon signs in windows are not welcome in this community. 9-15-18.C. (Lighting standards) confirms this in the context of “internally lit signs.” A limited ‘street view review’ in Google Maps did not reveal any lit window signs (of course, the shots are taken during the day). b.“Window Signs: In addition to the signage allowed by Section B, each business in a commercial use property may display a maximum of four (4) window signs, whether such signs are temporary (not paper) or permanent. The total area of all allowed window signs, both temporary and permanent, shall not exceed five (5) square feet in area.” (9-15-15.D/Signs On Commercial Properties/Window Signs) Indicates that window signs are allowed in addition to building-size-related allowable display area. Additional signage is further allowed in some cases, but it may not be lit. 6.Crested Butte, Colorado: a.“Each business may have one (1) open/closed sign not to exceed two (2) square feet, for which no permit is required” (16-18-20(2)a/General Limitations) and “Each business may have one (1) business hours sign, not to exceed two (2) square feet, for which no permit is required. (“” b””) One “Open” and one business hours sign allowed. b.“The color or format of a sign shall not resemble or conflict with traffic signs or signals, nor shall the color or consistency of any sign or lights be luminous, neon, phosphorescent or other illuminated gas tube lighting, or create undue visual distraction or glare to motor vehicle traffic or passers-by.” (16.18.20(4)/General Limitations Neon appears to be prohibited. 7.Lake Placid, New York: (For an out-of-Colorado perspective from a resort gateway to a large protected area, that being Adirondack Park.) a.“Signs that employ reflective or luminous materials or finishes in their construction or graphics” (6.3.2.D/Prohibited Signs) and “Signs that employ florescent materials or finishes as a substantial portion of their construction or graphics” (“” E””). b.“Internal illumination shall be permitted only as white or off-white graphics on an opaque dark colored background or as white or off-white halo lighting, except that brief informational messages (i.e. vacancy/no vacancy, open, office) including neon or an Page 198 internally-illuminated panel with dark colored graphics on light colored, white or off- white backgrounds shall be allowed as a permitted sign or portion of a permitted sign. The neon or internally-illuminated portion of a sign shall not exceed two square feet. One such sign shall be permitted per each public street frontage and such signs shall be counted as part of the total permitted sign area. Any neon or internally-illuminated sign shall be turned off during non-business hours” (6.4.4.D/Lighting) Limits neon to one small sign per frontage and counts towards the total. Review Conclusion: •Communities on the plains are more liberal with their allowances •Brighter signs may be ok just in downtown and heavy commercial areas, except that mountain resort communities seem to prefer very limited or no neon •Window signs are generally permissible Page 199 5/11/2022 Estes Park Town Board of Trustees May 10, 2022 Ordinance 03-22 Amendment to Estes Park Sign Code Neon-style Signs Presented by Alex Bergeron, Planner II Background Staff has received complaints regarding recently-installed neon-style lighting, which is allowed per the Sign Code. • Specifically, neon-style signs displaying a commercial message can be used as “window signs” and be exempt from permit requirements when no more than 25% of a window is used for signage. • Also, neon-style signs containing messages deemed to be “non- commercial” in nature, such as “open” or “vacancy,” for example, are exempt from permit requirements at this time. • As currently written, the Sign Code allows a relatively excessive amount neon-style lighting, which is atypical for our mountain resort setting. Page 200 5/11/2022 Proposal Staff is proposing the following changes to the Estes Park Sign Code (Municipal Code Chapter 17.66): • Restrict neon-style signs to non-residential zone districts • Remove the exemptions for neon-style signs and how they relate to window signs • Limit the number of neon-style signs to two per business, which includes any type of commercial notification (i.e., “Open/Closed”, “Vacancy/No Vacancy”) • Ensure that the sign display area of neon-style signs is included in the overall allotment of sign display area for a business and restrict the extent that total signage may be comprised of neon-style signs (i.e., neon signs may comprise no more than 25% of total sign display area) Proposal Staff is proposing the following changes to the Estes Park Sign Code (Municipal Code Chapter 17.66) (Cont…): • Clarify the relationship between neon-style signs and Electronic Message Centers, and separate EMC regulations from neon-style regulations, which are currently described together in the exemption language • Clean up minor grammatical errors unrelated to neon-style signs and clarify a regulation on free-standing signs • Staff finds that the handling of the proposed code amendment is consistent with Municipal Code Chapter 1.04.110 (Amendments). Page 201 5/11/2022 Advantages Advantages • Reasonable restrictions on the quantity and extent of neon-style signs may aid in the preservation of the sense of place and dark nighttime ambience Estes Park is known for. • The proposed restrictions on neon-style signs are congruent with the signage allowed in resort communities in Colorado and other gateway communities more generally. • Public input suggests the proposed changes are desired by the community. Disadvantages Disadvantages • Current conditions would cause some businesses to have signs which are not legally conforming. Because some of these signs were installed without a permit, being exempt from permit requirements and review by Town Staff, it may be difficult to determine the extent of legal non- conformance for some signs. •Note that Chapter 17.66.071 (Historical or culturally significant signs) provides the Town Board the ability to permit signs that have historical or cultural significance to the Town but do not conform to the provisions of the Estes Park Sign Code. Page 202 5/11/2022 Recommendation • Staff recommends APPROVAL of the Code Amendment. Page 203 Page 204 PROCEDURE FOR PUBLIC HEARING Applicable items include: Rate Hearings, Code Adoption, Budget Adoption 1.MAYOR. The next order of business will be the public hearing on ACTION ITEM 2. ORDINANCE 05-22 VACATING A PORTION OF THE WEST RIVERSIDE DRIVE RIGHT-OF-WAY.  At this hearing, the Board of Trustees shall consider the information presented during the public hearing, from the Town staff, public comment, and written comments received on the item.  Any member of the Board may ask questions at any stage of the public hearing which may be responded to at that time.  Mayor declares the Public Hearing open. 2.STAFF REPORT.  Review the staff report. 3.PUBLIC COMMENT.  Any person will be given an opportunity to address the Board concerning the item. All individuals must state their name and address for the record. Comments from the public are requested to be limited to three minutes per person. 4. MAYOR.  Ask the Town Clerk whether any communications have been received in regard to the item which are not in the Board packet.  Ask the Board of Trustees if there are any further questions concerning the item.  Indicate that all reports, statements, exhibits, and written communications presented will be accepted as part of the record.  Declare the public hearing closed.  Request Board consider a motion. 7.SUGGESTED MOTION.  Suggested motion(s) are set forth in the staff report. Page 205 8.DISCUSSION ON THE MOTION. Discussion by the Board on the motion. 9.VOTE ON THE MOTION. Vote on the motion or consideration of another action. *NOTE: Ordinances are read into record at the discretion of the Mayor as it is not required to do so by State Statute. Page 206 PUBLIC WORKS Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Greg Muhonen, PE, Public Works Director Date: May 10, 2022 RE: Ordinance 05-22 Vacating a Portion of the West Riverside Drive Right-of- way (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: The proposed right-of-way (ROW) vacation facilitates roadway alignment modifications needed for the proposed roundabout construction at the intersection of W Riverside Drive, Crags Drive, and Moraine Avenue. Present Situation: The planning, design, and right-of-way acquisition process for the Downtown Estes Loop (DEL) has been underway since 2013. The proposed project includes a new roundabout at the intersection of W Riverside Drive, Crags Drive, and Moraine Avenue to safely manage the traffic flow for the proposed one-way couplet. The project is a partnership effort between the Town, the Colorado Department of Transportation (CDOT), and the Central Federal Land Highway Division of the Federal Highway Administration (CFL). Historically, motorists have enjoyed uncontrolled access to the large paved parking lot at Picadilly Square (Picadilly) where parking spaces are situated both on private property and the adjacent public street rights of way. The existing intersection of Crags Drive and Moraine Avenue is awkward and confusing for motorists to navigate due the severe skewed alignment and the nearby disruption of W Riverside Drive where it intersects Crags Drive. The project design effort identified the need for additional right-of-way from the parking lot at Picadilly Square and an opportunity to deliver to the Picadilly Square Owners Association a portion of excess right-of-way no longer needed for the realignment of W Page 207 2 Riverside Drive. All right-of-way and easement acquisitions must be obtained before the project can proceed to construction bidding. Proposal: The Town proposes to vacate 768 SF of W Riverside Avenue (Parcel No. RW-9) for incorporation into the adjacent land owned by Piccadilly to partially offset the loss of 1117 SF of the Picadilly parking lot (Parcel No. RW-11) as shown in the drawing attached to the proposed Ordinance. The right-of-way acquisition process for this project is being administered by CDOT under the oversight of CFL and in cooperation with the Town. CDOT has verbally committed to conveying the RW-11 parcel to the Town upon conclusion of the project construction. This, among many other project commitments, will be formalized in a future Intergovernmental Agreement between the Town and CDOT. Advantages: •The proposed ROW vacation provides land area to restore parking stalls at Piccadilly repurposed for proposed roadway and sidewalk improvements. •The project construction will deliver orderly, defined access to Piccadilly at a location safely separated from the proposed intersection improvements. •The vacation action facilitates acquisition of land area needed from Piccadilly for the proposed multimodal trail improvements along the Piccadilly frontage of W Riverside Drive. •This ROW vacation and subsequent construction of the DEL supports a number of the Town Board Strategic Plan Policy Statements, including: 1. “We will continue to reduce traffic congestion and improve traffic safety throughout the Town.” 2. “We will continue to develop connectivity of trails in the Estes Valley in partnership with other entities, implementing the priorities in the Estes Valley Master Trails Plan.” Disadvantages: The proposed ROW vacation conveys a public land resource to private ownership; however, a utility easement is reserved within the vacated parcel RW-9 and this remnant ROW area will have minimal public value after completion of the DEL. Action Recommended: Staff recommends that the Town Board approve Ordinance xx-22 as shown and described on the Attachment. Finance/Resource Impact: The proposed ROW vacation delivers a financial benefit to the taxpaying funders of the DEL by reducing the acquisition costs of Parcel No RW-11 in the amount of $6,912. Page 208 3 Level of Public Interest The level of public interest in the DEL was high several years ago and is expected to be low regarding this proposed ROW vacation. Sample Motions: I move that the Town Board of Trustees approve/deny Ordinance 05-22. Attachments: 1.Ordinance 05-22 2.Map & Legal Description of Parcel RW-9 Page 209 ORDINANCE 05-22 AN ORDINANCE CONDITIONALLY APPROVING THE VACATION OF A PORTION OF THE WEST RIVERSIDE DRIVE RIGHT-OF-WAY WHEREAS, the Town requested grant funding and project management support from the Central Federal Lands Highway Division of the Federal Highway Administration (CFL) and the Colorado Department of Transportation (CDOT) for the design and construction of the Downtown Estes Loop (Loop); and WHEREAS, construction of the Loop is contingent upon CDOT’s acquisition of a parcel of land (encompassing 1,117 square feet and identified as RW-11) for road right- of-way purposes from Picadilly Square Owners Association (Picadilly), which is the present owner of the adjacent property described as Larimer County Assessor Parcel Number 99005765; and WHEREAS, Picadilly’s conveyance of RW-11 is contingent upon the Town’s transfer of a certain portion of the West Riverside Drive (encompassing 768 square feet and identified as RW-9) to CDOT; and WHEREAS, this Vacation Ordinance is the appropriate method to accomplish the transfer of this portion of the West Riverside Drive right-of-way; and WHEREAS, approval of this Ordinance is contingent upon CDOT and Picadilly applying compensatory credit in the amount of $6,912 for receipt of RW-9 toward CDOT’s purchase of RW-11 in the amount of $10,053; and WHEREAS, the Board of Trustees has determined that it is in the best interest of the Town to permanently vacate portions of West Riverside Drive right-of-way as more fully set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: The Board of Trustees hereby approves the vacation of a portion of the West Riverside Drive Right-of-Way depicted as RW-9 on Exhibit A, attached hereto and incorporated herein by reference, subject to the reservation described in Section 2 as well as satisfaction of the following condition within one year of the date of passage of this Ordinance: A.CDOT must confirm in writing that it has acquired possession of RW-11 as depicted on Exhibit A and intends to transfer title to this parcel to the Town upon completion of the Loop project. After the Town of Estes Park Community Development Director certifies satisfaction of the foregoing requirement, the Town Administrator or designee shall record this Ordinance and the Director’s certification with the County Clerk and Recorder. Section 2: The Town hereby reserves the vacated portion of the West Riverside Drive right-of-way as a blanket utility easement for the use of any existing and future utility facilities or infrastructure, including but not limited to sewer, gas, water, electricity, telephone, telecommunications, fiber optic, and stormwater drainage facilities. Section 3: This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication by title. Attachment 1 Page 210 PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park, Colorado, this day of , 2022. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced at a regular meeting of the Board of Trustees on the day of , 2022 and published by title in a newspaper of general circulation in the Town of Estes Park, Colorado, on the ________ day of _________, 2022, all as required by the Statutes of the State of Colorado. Town Clerk APPROVED AS TO FORM: Town Attorney Page 211 EXHIBIT "A" CENTRAL FEDERAL LANDS PROJECT NUMBER: CO FLAP US36(1) CDOT PROJECT NUMBER: STA R400-330 PARCEL NUMBER: RW-9 Rev. COOT PROJECT CODE: 20298 DATE: August 20, 2021 DESCRIPTION A tract or parcel ofland No. RW-9 Rev. of the Central Federal Lands Project No. CO FLAP US36(1) and Department of Transportation, State of Colorado Project No. STA R400-330 containing 768 sq. ft. (0.018 acres), more or less, in the East Half of Section 25, Township 5 North, Range 73 West, of the 6th Principal Meridian, in Larimer County, State of Colorado, said tract or parcel being more particularly described as follows: Commencing at a point on the southeasterly right of way line ofW. Riverside Dr. (November 2019), whence the Center Quarter Comer of said Section 25 (being a 3-1/2" brass cap stamped: "PLS 6499 T5N R73W + SEC 25 1987"), bears N. 80 °34'43" W., a distance of 100.92 feet, said point also being the TRUE POINT OF BEGINNING; 1.Thence N. 22 °06'58 11 E., a distance of 15.53 feet; 2.Thence on the arc of a curve to the right, a radius of 53.00 feet, a central angle of26°46'4211 , a distance of 24.77 feet, (a chord bearing N. 35 °30'19 11 E., a distanceof 24.55 feet); 3.Thence N. 48 °53'4011 E., a distance of 49.80 feet to a point on said southeasterlyright of way line of W. Riverside Dr.; 4.Thence along said southeasterly right of way line of W. Riverside Dr., on the arcof a curve to the right, a radius of 115.00 feet, a central angle of 32°18'2011 , adistance of 64.84 feet, (having a chord bearing S. 36 °43'0111 W., a distance of63.99 feet) to a point ofreverse curve; 5.Thence continuing along said southeasterly right of way line of W. RiversideDr., on the arc of a curve to the left, a radius of 340.00 feet, a central angle of4°13'0011 , a distance of 25.02 feet, (a chord bearing S. 50 °45'4311 W., a distance of 25.02 feet), more or less, to the TRUE POINT OF BEGINNING. The above described parcel contains 768 sq. ft. (0.018 acres), more or less. Basis of Bearings: Bearings used in the calculations of coordinates are based on a grid bearing of S.89 °39'13" E. (a distance of2,627.88 feet), from the Center Quarter Comer of Section 25(being monumented with a 3-1/2" brass cap stamped: "PLS 6499 T5N R73W + SEC 25 1987")and at the Quarter Comer common to Sections 25 and 30 (being monumented with a 5/8" rebarwith no cap) both of which being located in Township 5 North, Range 73 West, Sixth PrincipalMeridian, Larimer County, Colorado, as obtained from a Global Positioning S em (GPS)survey based on the Colorado High Accuracy Reference Network (CHA O LICf, � ••;"{A°/· .<f-<" Prepared by: � �-..�-� Stan Vermilyea P.L.S. 25381 For and on the behalf of AECOM 7595 Technology Way, Ste 200 Denver CO 8023 7 RW-9 Rev. Page 1 ofl Attachment 2 Page 212 Colorado Deportment of Transportation Q l'ti;,,. 10601 West 10th Street � Greeley, CO 80634 Sheet Revisions Sheet Revisions Sheet Revisions A �r.QiAJI I Dote I Oescriotion I Initials Date I Oescriotion I Initials Dote I Oescrintion I Initials �\.,' fFI I 08/20/21 IREVISEO RW-9, NAME CHANGE RW-11, I I I I I COOT Pro ·eel Number: ST A R400-330 I ITE-11, TE-11A I AECOM 1 1 1 1 7595 Technology Way, Ste 200 COOT Pro 'eel Location: US34 & US36 FLAP Estes Park Cou lets ., Phone: 970-350-2161 Region 4 Right-of-Woy PAH Denver CO 80237 CFL Pro ·eel Number: CO FLAP US 36(1) 303-694-2770 CFL Project Location: Downtown Estes Park Loo � -· ' � -,_ · I Lost Mod. Dote I Subset I Sheet No. s120121 I 7.04 of 1.13 I 7.04 I �.3----,___.--�� -1g C \ I + � 1� --- I, �-1 � \ . i 1 � Crags Dr. � 0------I FOf-----1--- --__ 0 Ct: 00 � c:::-'> �� z;;=- 7l � --I w 1-------I w 1--- - -I O'10' 20' 40'-____ _:_,;,;_.,;.:_-,-F_=_=_=+'f-="��1f::�;:;F-:;;::•''5��.,__ --- - c:i --���dl�� -� w f-=:-,--� ..rc . 1 OB RW-11 � W ,1,--- _ :-��"'iF;:::::::::a��.J-iH/,-1-.=-� T,e C/4 Car. Sec. 25� ____ ---I i, I � . POB TE-11 N30 ° 07'26"W 121 74' " , T,e C1/4 Car. Sec. 25 /; N 23° 13'44" W 155.92' --1 p '\, =---ITV ..... 'ilsliiil "Ct: / 00 0, N 0 N / ;: 0 Ct: I ,.._ 0 / I;] u � Ct: w b Ct: J, 0 / � u I 0 '" :;; 6 ;: 0 0 0, � a. � w � w 0 ,, ,.._ N ,.., ,.., 0 <D � � 0 0 ::;: z I 0 V) 0 I ::; 0 u ',:t E 8 "' � i t ? E 8 w 0 / / .. "- ::; a. ,.._ ,,,,� C1 (114-115) Li-26 ° 46'42" R•53.00' L•24.77' CB·N35° 30'19"E CL·24.55' C2 (129-1110) Li-32 ° 18'20" R•115.00' L•64.84' CB·S36 ° 43'01"W CL·63.99' C3 (1110-113) Li• 4 ° 13'00" R •340.00' L ·25.02' CB ·550° 45'43"W CL ·25.02' � � -1 __\:1 � --\ I�-\ \ � \fl \fl \ �r--� -\ +-I I� -\ \ � \ \ \fl \fl \ t_��-\ lj� --I ,- 1 L__ / -------::-::--:_ S89° 24'14"W� 5.12'� N8 ° 37'36"E (i[B ---STRUCTURE INVENTORY 11-1 SIGN � (i[B (TE-11A) Piccadilly Square Owners Association, Inc. Rec. No.20210031658 P.O. Box 834 rRw-9'\� � \I Little Current Consulting, LLC Rec. No.201220000231 I Unit 4 Li•96 °44�" R =10.00' L =16.88' -CB =N48 ° 4 7'20' CL =l4.95' �----\_----1\-/ \ / I 335 W. Riverside Dr., r � --i I I �"-{)g���4'-Unit 1 SE 1/4 SEC 25 / V \ Estes Park CO 80517 / I---" "' NE 1/4 SEC 25 Page 213 Page 214 TOWN ADMINISTRATOR’S OFFICE Memo To: Honorable Mayor Koenig Board of Trustees From: Town Administrator Machalek Date: May 10, 2022 RE: Lodging Tax Exploration Task Force Town Board Liaison Appointments (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER: _____________ QUASI-JUDICIAL YES NO Objective: To appoint two Town Board members as liaisons to the Lodging Tax Exploration Task Force. Present Situation: Larimer County, Visit Estes Park (VEP), and the Town of Estes Park have worked together to develop a process to evaluate placing a measure on the November 2022 ballot that would increase the lodging tax to fund investments in workforce housing and/or childcare. The process involves the creation of a community-based Lodging Tax Exploration Task Force that will: •Provide an organizational framework to ensure effective communication and coordination among representatives of Larimer County, the Town of Estes Park, the Local Marketing District, lodging partners, workforce housing and childcare advocates and other local leaders in the district; •Serve as a vehicle for the collection and exchange of information and expertise and representation of the interests of the residents and businesses inside the Estes Park Local Marketing District boundaries; •Provide a forum to identify, discuss, study and collectively endorse solutions to regional workforce housing and childcare initiatives for consideration by the Board of County Commissioners, Town Board, and VEP Board of Directors; and •Present recommendations to VEP Board members, Town Board, and the Board of County Commissioners for consideration. In addition to 11 voting members, the Task Force is intended to have five (5) Board Liaisons (one from the Board of County Commissioners, two from the VEP Board of Directors, and two from the Town Board). These Board Liaisons are intended to serve as a two-way communication channel between their respective Boards and the Task Force. Page 215 Proposal: Appoint two members of the Town Board as Board Liaisons to the Lodging Tax Exploration Task Force. The appointed Board Liaisons should be able to commit to attending a weekly virtual Task Force meeting beginning in May and continuing for 6 – 8 weeks. Meetings will take place from 12:00 pm – 2:00 pm each Wednesday. Per Policy 102 (Town Committees), the role of Board Liaisons in the context of this Task Force will be to: •Serve as the primary two-way communication channel between the Town Board and the Task Force; and •Serve as the primary Town Board contact with the Task Force. Action Recommended: Appoint two members of the Town Board as liaisons to the Lodging Tax Exploration Task Force. Finance/Resource Impact: None. Level of Public Interest Medium Sample Motion: I move to approve/deny the appointment of Trustees __________ and ___________ as the Town Board liaisons to the Lodging Tax Exploration Task Force. Attachments: None. Page 216 TOWN CLERK’S OFFICE Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: May 10, 2022 RE: Interview Committee for the Parks Advisory Board (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER Committee QUASI-JUDICIAL YES NO Objective: To appoint Town Board members to the interview committee for vacancies on the Parks Advisory Board. Present Situation: The Parks Advisory Board consists of seven members and the Board currently has two vacancies. The Town Clerk’s Office has advertised the openings and has received three applications as of the date of this memo. Proposal: Policy 101 Section 6 states all applicants for Town Committees/Boards are to be interviewed by the Town Board, or its designee. Any designee will be appointed by the Town Board. Therefore, two members of the Board would interview all interested applicants for the board positions. Advantages: To move the process forward and allow interviews to be conducted of interested applicants. Disadvantages: None. Action Recommended: To appoint two Trustees to the interview committee. Finance/Resource Impact: None. Page 217 Level of Public Interest Low. Sample Motion: I move to approve/deny the appointment of Trustees __________ and ___________ to the Parks Advisory Board interview committee. Attachments: None. Page 218 TOWN CLERK’S OFFICE Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: May 10, 2022 RE: Interview Committee for the Transportation Advisory Board (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER Committee QUASI-JUDICIAL YES NO Objective: To appoint Town Board members to the interview committee for vacancies on the Transportation Advisory Board. Present Situation: The Transportation Advisory Board consists of nine members and the Board currently has three vacancies. The Town Clerk’s Office has advertised the openings and has received four applications as of the date of this memo. Proposal: Policy 101 Section 6 states all applicants for Town Committees/Boards are to be interviewed by the Town Board, or its designee. Any designee will be appointed by the Town Board. Therefore, two members of the Board would interview all interested applicants for the board positions. Advantages: To move the process forward and allow interviews to be conducted of interested applicants. Disadvantages: None. Action Recommended: To appoint two Trustees to the interview committee. Finance/Resource Impact: None. Page 219 Level of Public Interest Low. Sample Motion: I move to approve/deny the appointment of Trustees __________ and ___________ to the Transportation Advisory Board interview committee. Attachments: None. Page 220 2022 Regular Municipal Election Report May 10, 2022 Candidates To elect three Trustee positions as provided by C.R.S. 31-1-101 (1 O)(a) •Trustee Carlie Bangs -Did not run for Re-Election •Trustee Marie Cenac -Candidate for Re-Election •Trustee Scott Webermeier -Candidate for Re-Election Page 221 Ballot Questions & Ballot Issue •Question 1 -Publish ordinances in a newspaper of general circulation by title only. •Question 2 -Not publish proceedings relating to pay ment of bills and statements concerning all contracts awarded and rebated. •Ballot Issue 3A -Authorized to collect, retain, and spend or reserve all revenues received from all lawful sources without any other condition or limitation (Fully DeBrucing) D. UTES PAIK COLOIIADO ! !-··-··-··-··-.. -· i ! ;,•·' .,g " • • .... < Town of Estes Park Town Clerk's Office Printed:12/27/2021 Gl-,tTracll Mount.lirl ''" X lbm�Hom Mounuin '"' X Town Limits Legend c::::J Town Boundary !; i __ ; r-··-: 1--. j '-�i�_'_;::; N A 2,000 Feel 4,000 ',;::. '"' X Thbm.lpl1notforlqc.iilconveyan� Mount °'r'.Ji X ... "' ....... '"' X T(lwn Boundary lnfomratkm ls-.,:11f�Z7,202I. �produfflarl only with Town of£$� hrk apiwovaJ.. Prln!ad:Z021·12•27 Page 222 Ballots Issued Total number of ballots Issued including absentee and replacement ballots: o 4,423 Ballots (UOCAVA, Mail Ballots & Reissued) Total number of ballots cast in the election: 0 1998 Total number of ballots were spoiled/reissued to voters during the election process 0 31 Town Hall Ballot Drop-Off Box New 24-hour ballot drop-off box was utilized. Minimal inquiries regarding the drop-off box at Brodie (signage/BOX NOT IN USE). Total number of ballots received via the drop-off box: 0 1621 o 81 °/o of ballots received at Town Hall drop-off box Page 223 Judges & Process Pursuant to Section 31-10-401, C.R.S., the Town Clerk through the authority of the Board appointed election judges. 8 Election Judges 3 Clerk Staff as Election Judges Duties: •Ballot Intake •Signature Verification •Ballot Removal •Counting -Using Dominion Computers and Software Official Results -Ballots Cast Total# of Ballots Delivered to the Town Clerk's Office -2008 Total# of Ballots Requiring Signature Verification Letters Total# of Signatures Verified Total# of Ballots Statutorily Rejected (envelop empty) 13 4 1 Total# of Ballots Cast = 1998 Total Registered Voters = 4,398 Percentage Turnout 46% Additional Ballot Details •7 Ballots were received after Election Day •8 Ballots were received incomplete Page 224 Official Results -Candidates FOR TRUSTEE: Total Votes Cast *Scott Webermeier 1137 Karen Randinitis 684 John "29" Meissner 259 *Kirby Nelson-Hazelton 1228 *Marie J. Cenac 1153 Kevin Benes 559 *Elected to 4 year Terms -Sworn in on April 26, 2022 Official Results -Ballot Question 1 "Shall the Town of Estes Park, Colorado, be authorized to publish ordinances in a newspaper of general circulation by title only rather than publishing each ordinance in full in accordance with Section 31-16-105 C. R.S., and provide full text on the Town's records portal?" Page 225 Official Results -Ballot Question 2 "Shall the Town of Estes Park, Colorado, not publish proceedings relating to payment of bills and statements concerning all contracts awarded and rebated allowed in accordance with Section 31-20-202(1.5) C.R.S., and provide such on the Town's records portal?" Official Results -Ballot Issue 3A "WITHOUT INCREASING ANY TAX RATE OR IMPOSING ANY NEW TAX AND IN ORDER FOR THE TOWN TO CONTINUE TO PROVIDE SERVICES AND PUBLIC FACILITIES AND AMENITIES TO ITS CITIZENS, INCLUDING WITHOUT LIMITATION POLICE OPERATIONS, 911 COMMUNICATIONS, EMERGENCY MANAGEMENT, OTHER GOVERNMENTAL SERVICES, AND FOR ANY OTHER LAWFUL PURPOSES, SHALL THE TOWN OF ESTES PARK BE AUTHORIZED TO COLLECT, RETAIN, AND SPEND OR RESERVE ALL REVENUES IT RECEIVES FROM ALL LAWFUL SOURCES INCLUDING WITHOUT LIMITATION PROPERTY AND SALES TAXES, WITHOUT ANY OTHER CONDITION OR LIMITATION, AS A VOTER-APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION AND UNDER SECTION 29-1-302(2)(b) OF THE COLORADO REVISED STATUTES AND ANY OTHER APPLICABLE LAW, AND REMOVE ANY LIMITATIONS IMPOSED BY THE NOVEMBER 7, 2000 BALLOT INITIATIVE MEASURE 2A, BEGINNING IN FISCAL YEAR 2022, PROVIDED THAT THE TOWN'S TAX RATES SHALL NOT BE INCREASED WITHOUT FURTHER VOTER APPROVAL?" Page 226 Election Costs Larimer County Cost Equipment Rental Drop-off Box ($250 1x set up fee/$200 per election) Dominion Voting Systems Inc Equipment Rental / Shipping / Election Set-up I Training / Support Runbeck Election Services Paper Production / Set-up I Mail Ballots & UOCAVA (Ballot, envelope, secrecy sleeve/instructions, return envelope) / TABOR Notice / Freight Election Judges Compensation Catering Miscellaneous USPS Postage for 4,328 Mail Ballots & TABOR Notice Election Banner (Instructions for Brodie Ave Drop-off box) $90 $450 $14,338 $14,253 $2,341 $319 $946 $48 Cost = $32,785 Page 227 Page 228