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HomeMy WebLinkAboutPACKET Town Board 2022-10-11The 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, October 11, 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, October 11, 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). 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 September 27, 2022, Town Board Study Session Minutes dated September 27, 2022 and Special Town Board Minutes dated September 29, 2022. 3.Parks Advisory Board Minutes dated July 21, 2022 (acknowledgment only). 4. Transportation Advisory Board Minutes dated August 17, 2022 (acknowledgment only). 5. Donation of a Flagstone Memorial Bench for Mrs. Walsh’s Garden. Prepared 09-30-2022 *Revised Page 1 NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 6. Resolution 83-22 Subscription License and Agreement with Tyler Technologies Inc., regarding Police Department Ticketing Software and Services, $26,080 – Budgeted. ACTION ITEMS: 1. 2023 VISIT ESTES PARK OPERATING PLAN. Town Administrator Machalek. Consideration of the Visit Estes Park Operating Plan for 2023. 2. RESOLUTION 84-22 MEMORANDUM OF UNDERSTANDING WITH THE ROCKY MOUNTAIN CONSERVANCY REGARDING SHARED WORKSPACE AT THE VISITOR CENTER. Director Hinkle. 3. RESOLUTION 85-22 SUPPORTING BALLOT ISSUE 6E. Assistant Town Administrator Damweber. Supporting Estes Park Local Marketing District Ballot Issue 6E to Levy an Additional 3.5% Lodging Tax on the Purchase Price Paid or Charged for Rooms or Accommodations within the District, with such Revenue to be used for Workforce Housing and Childcare. ADJOURN. Page 2 Town of Estes Park, Larimer County, Colorado, September 27, 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 in said Town of Estes Park on the 27th day of September, 2022. Present: Wendy Koenig, Mayor Scott Webermeier, Mayor Pro Tem Trustees Marie Cenac Kirby Hazelton Barbara MacAlpine Patrick Martchink Cindy Younglund Also Present: Travis Machalek, Town Administrator Jason Damweber, Assistant Town Administrator Dan Kramer, Town Attorney Kimberly Disney, Recording Secretary Absent: None Mayor Koenig called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. AGENDA APPROVAL. It was moved and seconded (Webermeier/Hazelton) to approve the Agenda with the addition of Action Item 5, and it passed unanimously. PUBLIC COMMENTS. Chris Pawson/Town citizen spoke regarding speed and traffic concerns along Peak View Drive. A number of accidents and potential accidents have occurred on the street recently and he requested the Town review the speed limits in the area specifically in regards to wildlife and pedestrians. John Meissner/Town citizen spoke regarding the 149th anniversary of Isabelle Bird’s summit of Long’s Peak and stated an event would be held September 28, 2023 to mark the 150th anniversary of the summit. Greg Rosener/Town citizen spoke regarding the Estes Valley Short Term Rental Alliance and the Town Board’s and Commissioner Shadduck-McNally’s support of workforce housing and childcare. He urged citizens to vote in favor of the November 2022 Ballot Issue 6E. TRUSTEE COMMENTS. Trustee comments were heard and have been summarized: The Estes Park Planning Commission met and approved the rezoning of the Fish Hatchery property, a conditional use permit of an accessory dwelling unit for long-term housing, and the Twin Owls Motor Lodge development plan with the condition of adding adequate off-street parking. The Women’s Monument has been updated to include statues of Jean Weaver and Wendy Koenig, and the stepping stones would be reviewed for accessibility compliance. Rocky Mountain Facelift volunteer work was performed to improve the Thumb Open Space and YMCA accessibility. The Police Auxiliary would begin performing regular random patrols of Estes Park schools, the Community Center, and sports fields beginning October 2022. Family Advisory Board held a special meeting to develop family listening session which would be conducted in Fall 2022. The Estes Valley Restorative Justice Partnership met and received a report on the 2022 golf tournament fundraiser and October as Conflict Resolution Month. TOWN ADMINISTRATOR REPORT. Town Administrator Machalek presented his policy governance report for policy 3.8 and reported full compliance. DR A F T Page 3 Board of Trustees – September 27, 2022 – Page 2 CONSENT AGENDA: 1. Bills. 2. Town Board Minutes dated September 13, 2022, Town Board Study Session Minutes dated September 13, 2022, and Special Joint Study Session Minutes dated September 19, 2022. 3. Comprehensive Plan Advisory Committee Minutes dated July 28, 2022 (acknowledgment only). 4. Estes Park Board of Adjustment Minutes dated July 12, 2022 (acknowledgment only). 5. Estes Park Planning Commission Minutes dated June 21, 2022 (acknowledgment only). 6. Family Advisory Board Minutes dated August 4, 2022 (acknowledgement only). 7. Resolution 76-22 Contracts for Water System Infrastructure Upgrades with Multiple Consultants. 8. Resolution 77-22 Covenant and Grant Award for Birch Ruins Preservation Phase II with State of Colorado. 9. Letter of Support for two Grant Applications to Colorado Department of Transportation 2023 Capital, Planning, Administrative, Operating, and Mobility Management Transit Projects. 10. Letters of Support for Grant Applications to Colorado Department of Transportation and Colorado Parks and Wildlife for Fall River Trail Construction. 11. Resolution 78-22 An Intergovernmental Agreement with the Estes Park Local Marketing District regarding November 2022 Election Costs. 12. Reappointment of Lynn Lawson to the Estes Valley Public Library District Board of Trustees for a four-year term beginning January 1, 2023 and expiring December 31, 2026. 13. Acceptance of Town Administrator Policy Governance Monitoring Report. It was moved and seconded (Martchink/Younglund) to approve the Consent Agenda, and it passed unanimously. REPORTS AND DISCUSSION ITEMS: (Outside Entities). 1. ESTES PARK HOUSING AUTHORITY BOARD OF COMMISSIONERS EXPANSION. Town Administrator Machalek presented a request by the Estes Park Housing Authority (EPHA) to expand their Board of Commissioners from five to “up to seven” members. He highlighted the history of the EPHA, increased diversity of housing stakeholders, and a perceived gap in representation on the Board of Commissioners. Board Chair Blackhurst stated the intention of this request would be to add members of younger generations to participate as Commissioners. The Board discussed age limits of the positions, shortening terms of the commissioners, the application and interview process and statutory requirements of posting the positions, and demographics and staggard terms of the new positions. The Board directed staff to bring forward an Ordinance adjusting the membership requirements for Board consideration. LIQUOR ITEMS: 1. RESOLUTION 79-22 NEW LODGING AND ENTERTAINMENT LIQUOR LICENSE APPLICATION FOR DELLA TERRA LLC DBA DELLA TERRA EVENTS, 3501 FALL RIVER DRIVE, ESTES PARK, COLORADO. Mayor Koenig opened the public hearing and Deputy Town Clerk Beers presented Resolution 79-22. She provided history on the current Liquor License held by Della Terra Mountain Chateau and stated they were issued a Tavern License in 2009. In 2016 the State established the Lodging and Entertainment Liquor License, which Della Terra Mountain Chateau was not eligible for. They were allowed to continue operation under the Tavern DR A F T Page 4 Board of Trustees – September 27, 2022 – Page 3 License type, noting they would not be able to transfer the license should the business sell. With this Lodging and Entertainment Liquor License application, and the subsequent Hotel and Restaurant Liquor License application for review with Resolution 80-22, Della Terra Mountain Chateau would separate the licensed premises and license them separately under the appropriate license type. Deputy Town Clerk Beers reviewed the application for the new Lodging and Entertainment Liquor License, stating all paperwork and fees have been submitted, and the application has undergone concurrent review. The applicant had completed the Training for Intervention Procedures requirement and was available for questions. The Board requested clarification on separating the proposed licensed premises. Mayor Koenig closed the public hearing and it was moved and seconded (Webermeier/Younglund) to approve Resolution 79-22 for a new Lodging and Entertainment Liquor License for Della Terra LLC dba Della Terra Events, 3501 Fall River Drive, and it passed unanimously. 2. RESOLUTION 80-22 NEW HOTEL AND RESTAURANT LIQUOR LICENSE APPLICATION FOR DELLA TERRA LLC DBA DELLA TERRA MOUNTAIN CHATEAU, 3501 FALL RIVER DRIVE, ESTES PARK, COLORADO. Mayor Koenig opened the public hearing and Deputy Town Clerk Beers presented Resolution 80- 22. She provided history on the current Liquor License held by Della Terra, as stated with Resolution 79-22, and reviewed the application for the new Hotel and Restaurant Liquor License, stating all paperwork and fees have been submitted, and the application has undergone concurrent review. The applicant had completed the Training for Intervention Procedures requirement and was available for questions. Mayor Koenig closed the public hearing and it was moved and seconded (Younglund/Hazelton) to approve Resolution 80-22 for a new Hotel and Restaurant Liquor License for Della Terra LLC dba Della Terra Mountain Chateau, 3501 Fall River Drive, and it passed unanimously. ACTION ITEMS: 1. ORDINANCE 16-22 AMENDING THE ESTES PARK MUNICIPAL AND DEVELOPMENT CODES REGARDING VIRTUAL MEETINGS. Mayor Koenig opened the public hearing and Town Administrator Machalek presented Ordinance 16-22 which would provide the Town Board the ability to meet virtually in case of a qualifying event. He highlighted the local disaster emergency issued March 19, 2020 in response to COVID-19, issues related to continuing the declared emergency primarily to allow for virtual meetings, COVID-19 cases in 2022, proposed qualifying events such as a current declared disaster, emergency affecting the Town, or a period of elevated threat to public health due to COVID-19, and his intention to rescind the emergency declaration should the Ordinance pass. The Board discussed the authority to declare a local disaster emergency, the authority of the Mayor to call for a virtual meeting, hybrid Town Board meetings, and what constitutes a local disaster emergency. Mayor Koenig closed the public hearing and it was moved and seconded (Martchink/Webermeier) to approve Ordinance 16-22, and it passed unanimously. 2. APPROVE FRAMEWORK FOR EXPENDITURE OF POTENTIAL LODGING TAX REVENUES. Assistant Town Administrator Damweber presented the Framework for Expenditure of Potential Lodging Tax Revenues. He highlighted the previous presentation to the Town Board at the Study Session held September 13, 2022, House Bill 22-1117, the Lodging Tax Exploration Task Force, and Town responsibilities agreed upon by the Larimer County Board of Commissioners and Town Board. It was moved and seconded (Webermeier/Hazelton) to approve the Proposed Framework for Expenditures of Local Marketing District Funds for Workforce Housing and Childcare, and it passed unanimously. 3. INTERVIEW COMMITTEE FOR THE FAMILY ADVISORY BOARD. It was moved and seconded (Martchink/Webermeier) to appoint Trustees Hazelton and Younglund to the Family Advisory Board Interview Committee, and it passed unanimously. DR A F T Page 5 Board of Trustees – September 27, 2022 – Page 4 4. INTERVIEW COMMITTEE FOR THE ESTES PARK PLANNING COMMISSION. It was moved and seconded (Cenac/Webermeier) to appoint Mayor Koenig and Trustee MacAlpine to the Estes Park Planning Commission Interview Committee, and it passed unanimously. 5. APPROVING A LETTER OF INTENT TO MEET CONDITIONS AND A REQUEST FOR OBLIGATION OF FUNDS FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE FOR GRANT FUNDING AND LOAN FINANCING TO SUPPORT THE RECONSTRUCTION OF THE FORMER PROSPECT MOUNTAIN WATER DISTRIBUTION SYSTEM OF THE FORMER PROSPECT MOUNTAIN WATER COMPANY. Manager Wesley presented the Letter of Intent and Request for Funds from the USDA for grant funding and loan financing. She stated additional items for this project would be brought to the Town Board at a special meeting on Thursday, September 29, 2022. She provided history on the project, the USDA provided grant, procedure for approval on the project, and the timeframe issues in bringing this item forward and the special meeting. The Board discussed the benefits to the Town, fund matching obligations, loan financing for the project, financial impacts if the grant was not approved by the USDA, and staff efforts on the project. It was moved and seconded (Hazelton/MacAlpine) to approve the Letter of Intent to Meet Conditions and a Request for Obligation of Funds from the United States Department of Agriculture for Grant Funding and Loan Financing to support the Reconstruction of the Former Prospect Mountain Water Distribution System of the Former Prospect Mountain Water Company, and it passed unanimously. Whereupon Mayor Koenig adjourned the meeting at 8:21 p.m. Wendy Koenig, Mayor Kimberly Disney, Recording Secretary DR A F T Page 6 Town of Estes Park, Larimer County, Colorado September 27, 2022 Minutes of a Study Session meeting of the TOWN BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in the Board Room and Virtually in said Town of Estes Park on the 27th day of September, 2022. Board: Mayor Koenig, Mayor Pro Tem Webermeier, Trustees Cenac, Hazelton, MacAlpine, Martchink, and Younglund Attending: Mayor Koenig, Mayor Pro Tem Webermeier, Trustees Cenac, Hazelton, MacAlpine, Martchink, and Younglund Also Attending: Town Administrator Machalek, Assistant Town Administrator Damweber, Town Attorney Kramer, and Recording Secretary Disney Absent: None Mayor Koenig called the meeting to order at 4:30 p.m. FIRE DISTRICT SALES TAX REQUEST. Town Administrator Machalek and Chief Wolf presented a request for an increased percentage of sales tax to the Estes Valley Fire Protection District (EVFPD). Town Administrator Machalek provided background on the request, inclusion of the sales tax request in 1A sales tax renewal conversations, the potential of a term-limited grant specialist position to pursue funding for EVFPD, and grants the district plans to pursue. The Board discussed funding for the grant specialist position, sunset component of the 1A sales tax, contracting a grant specialist versus employing the position, mitigation sustainability in and outside of Town limits, property tax options, and next steps. DRAFT DOWNTOWN WAYFINDING PLAN. Consultant Kristen Cypher of Michael Baker International presented the draft Downtown Wayfinding Plan. She provided an overview of the project and highlighted the Design and Implementation Plan, concept designs, public outreach, estimated costs, and phased implementation. The final Design and Implementation Plan would be presented to the Town Board in November 2022. The Board discussed visual impairment signage, multi-lingual and icon signage, informational updates and replacements, incorporating the parking signs already in use, and visibility of auto-directional signage. BUILDING CODES, ENERGY CODE, AND PROPERTY MAINTENANCE CODE OVERVIEW. Director Garner and Chief Building Official Rusu provided an overview of building codes, the energy code, and property maintenance code. They highlighted the need for the Town to update to the 2021 building codes, Larimer County’s adoption of the 2021 codes, clarity of codes for contractors, cooperation with the EVFPD regarding the property maintenance code, educating commercial property owners and business owners on the property maintenance code, the State mandated timeline of adopting the International Energy Conservation Code, and discussions with the Building Advisory Committee. The Board discussed the energy code in conjunction with PRPA, energy efficient homes, outreach to contractors operating in Town, and how often building codes were updated. The Board directed staff to bring forward consideration of the 2021 building codes at a future Town Board meeting. TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS. Trustee Younglund questioned if Police Chief candidate biographies would be available for public review. DR A F T Page 7 Town Board Study Session – September 27, 2022 – Page 2 FUTURE STUDY SESSION AGENDA ITEMS. Mayor Pro Tem Webermeier requested an update on Trailblazer Broadband and it was determined to add this to the items approved unscheduled, with a request to schedule it prior to the end of 2022. There being no further business, Mayor Koenig adjourned the meeting at 6:06 p.m. Kimberly Disney, Recording Secretary DR A F T Page 8 Town of Estes Park, Larimer County, Colorado, September 29, 2022 Minutes of a Special meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 29th day of September, 2022. Present: Wendy Koenig, Mayor Scott Webermeier, Mayor Pro Tem Trustees Kirby Hazelton Barbara MacAlpine Patrick Martchink Cindy Younglund Also Present: Travis Machalek, Town Administrator Jason Damweber, Assistant Town Administrator Greg White, Town Special Counsel Bunny Victoria Beers, Deputy Town Clerk Absent: Trustee Cenac Mayor Koenig called the meeting to order at 2:07 p.m. AGENDA APPROVAL. It was moved and seconded (Webermeier/Hazelton) to approve the Agenda, and it passed unanimously. CONSENT AGENDA: 1. Resolution 67-22 United Stated Department of Agriculture (USDA) Loan Resolution to fund the Prospect Mountain Water System Reconstruction Project. 2.Resolution 68-22 USDA for Grant Funding to Support the Reconstruction of the Prospect Mountain Water Distribution System. It was moved and seconded (Webermeier/MacAlpine) to approve the Consent Agenda, and it passed unanimously. ACTION ITEMS: 1.ORDINANCE 15-22 THE TOWN ACTING BY AND THROUGH ITS WATER ACTIVITY ENTERPRISE, AUTHORIZING THE EXECUTION AND DELIVERY OF A CONSTRUCTION LOAN AGREEMENT AND A CONSTRUCTION LOAN NOTE, SERIES 2022A AND OTHER DOCUMENTS RELATED THERETO IN CONNECTION WITH REBUILDING AND IMPROVING THE WATER DISTRIBUTION SYSTEM OF THE FORMER PROSPECT MOUNTAIN WATER COMPANY (PMWC); AND DECLARING AN EMERGENCY. Mayor Koenig opened the public hearing and Director Bergsten presented Ordinance 15-22. He stated approval of Ordinance 15-22 would enable financing of the Prospect Mountain Water reconstruction project and support affordability by spreading the cost over future years to the home owners. Upgrades would bring the infrastructure up-to-date with Town compatible technology, improve water infrastructure reliability and quality, and add fire protection to the neighborhood impacted. The Town would take on a loan not to exceed $4,493,000 for a 40-year term. The loan would be replaced with a USDA guaranteed loan upon construction completion. The Board questioned the interest rates for the construction loan, risks with inflation and when beneficiaries would begin paying fees. Mayor Koenig closed the public hearing and it was moved and seconded (Younglund/Webermeier) to approve Ordinance 15-22, and it passed unanimously. 2.RESOLUTION 81-22 SUPPLEMENTAL BUDGET APPROPRIATIONS #4. Director Hudson presented the supplemental budget appropriations #4. Changes included updating the sales tax revenues for 2022 and ongoing expenditures for USDA items DR A F T Page 9 Board of Trustees – September 29, 2022 – Page 2 totaling $4.7 million in appropriations. It was moved and seconded (Webermeier/Hazelton) to approve Resolution 81-22, and it passed unanimously. 3. RESOLUTION 82-22 AWARDING THE USDA-RD FINANCED CONSTRUCTION CONTRACT WITH WAGNER CONSTRUCTION, INC. TO REBUILD THE PROSPECT MOUNTAIN WATER SYSTEM. Manager Wesley stated the project was put to bid in July 2022. Wagner Construction, Inc., was vetted and identified as the qualified low bidder selected for the project. Staff requested approval of Resolution 82-22. There being no further discussion, it was moved and seconded (Hazelton/MacAlpine) to approve the Resolution 82-22, and it passed unanimously. Whereupon Mayor Koenig adjourned the meeting at 2:31 p.m. Wendy Koenig, Mayor Bunny Victoria Beers, Deputy Town Clerk DR A F T Page 10 Town of Estes Park, Larimer County, Colorado, July 21, 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 21st day of July, 2022. Board: Chair Geoff Elliot; Members Christian Berry, Donovan Colegrove, Elizabeth Kostiuk, Vicki Papineau, and Ron Wilcocks Attending: Chair Elliot; Members Berry, Colegrove, Papineau, and Wilcocks; Trustee Younglund; Supervisor Berg; Recording Secretary McDonald; and Presenters Greg Miles (Estes Arts District) and Lars Sage (Art Center of Estes Park & Fine Arts Guild of the Rockies) Absent: Member Kostiuk Chair Elliot called the meeting to order at 8:32 a.m. PUBLIC COMMENT Recording Secretary McDonald reported that some downtown business owners asked to be notified in advance when downtown power washing is scheduled. Notice of the July 26-28 service is featured on social media. ARTS COMMUNITY UPDATES Chair Elliot welcomed Greg Miles, representing the Estes Arts District (EAD), and Lars Sage, representing the Art Center of Estes Park (AC) and the Fine Arts Guild of the Rockies (FAGR). Prior to their presentations, Chair Elliot summarized the PAB’s activities and discussions to-date surrounding an Arts Master Plan (AMP) and the Town Board’s position that an AMP is desirable but not as a Town-managed endeavor. Resources from AMP legwork already done by the PAB will be available to the arts community. Presenter Miles, EAD President, explained the history and current leadership of the EAD. Town Administrator Machalek had presented the AMP as a possible project of the EAD, and the organization is willing to take on this project; connections in the creative districts of Greeley, Steamboat Springs, and Salida will be good resources. Base funding for the AMP may be offered by the Town, and the EAD would work with grant writing contacts and its own executive director to develop the document. Presenter Miles also explained the FAGR’s support and production of local music festivals, mural work throughout the community, and collaboration with Estes Park High School (EPHS) art students. The FAGR is committed to increasing the cultural footprint in Estes Park. Presenter Sage, AC Gallery Manager and FAGR Board President, reported that the AC is in its 35th year and wants to be a voice in the AMP because it believes that Estes Park Page 11 Parks Advisory Board – July 21, 2022 – Page 2 should be an arts destination. The FAGR celebrates 65 years in 2023, and is hoping for the development of a permanent space for theatrical and other performance art. Both presenters indicated a strong desire for the Town to support the local arts community in their efforts to develop the AMP. TRUSTEE LIAISON UPDATES Trustee Younglund reported that the Thumb Open Space (TOS) Dedication was an enjoyable, successful event. APPROVAL OF MINUTES DATED JUNE 16, 2022 It was moved and seconded (Papineau/Berry) to approve the June 16, 2022, meeting minutes, and the motion passed unanimously. THUMB OPEN SPACE DEDICATION Supervisor Berg advised that the TOS ribbon-cutting ceremony went smoothly, and that two guided climbing organizations are already active at the site; a third application was just approved. Since the parking area can handle only 4-5 cars per day, Supervisor Berg does not advise actively advertising the area beyond the Mountain Project website, mountainproject.com. Further work at the TOS includes replacing the pump house building and improving accessibility for climbers and other users with disabilities. Access Fund will be a resource for developing accessibility for adaptive bikes, and the Rocky Mountain Conservancy will be a resource for developing the emergency access trail. VETERANS MONUMENT DONATION: SPACE FORCE ROCK Supervisor Berg reported that the AIPP donation of the Space Force Rock was approved at the July 12 Town Board meeting. Development and installation details are being planned. MRS. WALSH’S GARDEN Supervisor Berg reported that Mrs. Walsh’s Garden will host its annual Garden Day event on July 28, and that Merle Moore’s hosted walks in June and July were extremely informative and well attended. Recording Secretary McDonald explained that the Mrs. Walsh’s Garden webpage now has a tab providing event details; Member Papineau stated that the Pikas in the Park scavenger hunt also draws visitors to the area. Trustee Youngland will speak with a contact regarding placement of promotional brochures in area lodges. Garden projects include reconstruction of the patio area, further plantings, and development of the waterfall, where hummingbirds converge in the morning. PARKS UPDATE Supervisor Berg advised that Parks staff have been working on noxious weed control since the Fourth of July. Trailblazer Broadband is working to expand service at the TOS. The fault protection area is being developed at the Big Thompson Recreation Area, which should officially open in August or September. The easement between the river and the Visitor Center needs cleaned up, but improvements can only be made by the owning Bureau of Reclamation. Page 12 Parks Advisory Board – July 21, 2022 – Page 3 OTHER BUSINESS Chair Elliot announced that Vice-Chair Poggenpohl had officially resigned from the PAB, and welcomed new PAB members Donovan Colegrove and Elizabeth Kostiuk. All PAB members in attendance offered a brief introduction. Chair Elliot inquired about the status of the Parks Master Plan; Supervisor Berg stated that funding is still in process For the August PAB meeting, Chair Elliot encouraged members to help coordinate the availability of community resources on environmental awareness, wetlands, trails recreation, and the arts. Such resources could be approved by the Town’s Public Information Officer for placement as helpful links and/or download on the Parks and PAB webpages. There being no further business, Chair Elliot adjourned the meeting at 9:26 a.m. /s/Lani McDonald, Recording Secretary Page 13       Page 14 Town of Estes Park, Larimer County, Colorado, August 17, 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 17th day of August, 2022. Board: Chair Belle Morris; Vice-Chair Kristen Ekeren; Members Javier Bernal, Jessica Ferko, Ann Finley, Larry Gamble, Linda Hanick, Mark Igel, and Gordon Slack Attending: Chair Morris; Vice-Chair Ekeren; Members Bernal, Ferko, Igel, and Slack; Manager Hook; Director Muhonen; Trustee Martchink; Recording Secretary McDonald; Jeff Bailey, Public Works Engineer; LauraJane Baur, Community Development Planning Technician; and Dana Klein, The Car Park Manager Absent: Members Finley, Gamble, and Hanick Chair Morris called the meeting to order at 12:07 p.m. PUBLIC COMMENT None. TRUSTEE LIAISON UPDATE Trustee Martchink reported no updates. APPROVAL OF MINUTES DATED JULY 20, 2022 It was moved and seconded (Slack/Bernal) to approve the July 20, 2022, minutes with minor amendments, and the motion passed unanimously. PAID PARKING PROGRAM Manager Klein (The Car Park) delivered the 2022 Mid-Season Update on Paid Parking. Presentation points included a recap of the program goals, with an emphasis on customer appreciation for turnover activity for the 726 parking spaces; program improvements since 2021, with an emphasis on the elevation of customer service through increased seasonal staffing and relationships with downtown businesses; ongoing issues to be addressed for the 2023 season, with an emphasis on increasing the WiFi quality and speed for pay station transactions; summaries of the Key Performance Indicator (KPI) reports; and focus tasks for evaluating the remaining season in preparation for 2023 recommendations. Discussion points included the testing of Verizon and AT&T kiosk connections in the West Riverside Lot; the possible benefits of using a push-pull reader for payment batch collection; activity in the Post Office reserved parking; increasing bike racks in lots with Page 15 Transportation Advisory Board – August 17, 2022 – Page 2 lower parking capacity; criteria measures for the KPI reports as they relate to paid parking goals, and how the current “boots on the ground” turnover study, as well as studying Rocky Mountain National Park (RMNP) attendance, will cross-check the KPI numbers; the pending status of the new Express Pass due to ParkMobile parking app issues; the observed influence of paid parking on downtown visitor shopping behavior; and the practice of issuing courtesy/warning tickets and leniency in the ticket dispute process. TAB members are encouraged to provide ongoing feedback on the paid parking program. DOWNTOWN WAYFINDING PLAN Manager Hook displayed the results of the Downtown Wayfinding Plan’s (DWP) July design survey, which captured the community’s preferences for pedestrian and auto directional signs, informational kiosks, and signage for trails and shuttle stops. Also presented were designs for trail signs, mile markers, auto directionals, and building- mounted pedestrian directionals. Manager Hook briefly navigated the Google Earth image of the DWP signage location plan. Discussion points included the practices surrounding the use of international symbols; signage structure and material factors in relation to wind impact and the breakaway features of the stone; placement options for the Town logo or name on the sign posts; the overall timeline for the DWP final designs and development phases; and the possibility of Visit Estes Park placing an electronic informational kiosk at the Visitor Center. Manager Hook advised that the DWP project team’s next step is offering a virtual open house and online survey of these final design options. The open house and survey will be available on the project webpage September 1-15; TAB members are encouraged to complete this survey. CLEAVE STREET IMPROVEMENTS PLAN Manager Hook briefed the TAB on the history of the Cleave Street Improvements Plan (CSIP), which commenced in 2019 but was delayed during the pandemic and then put on hold during completion of the Town’s Comprehensive Plan. With development activity now being planned by the Old Church Shops and another area parcel, the CSIP project is resuming with an August 18-29 online survey and an August 25 public meeting. The four conceptual designs and three renderings of Cleave Street were presented. Discussion points included the area’s drainage problems; right-of-way considerations; the possibilities and challenges of each design option (One-Way Multimodal, Parking; Mixed- Use Plaza, No Parking; Two-Way Roadway, No Parking, Sidewalks; and Two-Way Roadway, Parking Sidewalks); and Cleave Street’s designation as a multi-use area in the Downtown Plan. Director Muhonen encouraged the TAB’s feedback on the four designs prior to the 90 percent design phase. ENGINEERING UPDATES Page 16 Transportation Advisory Board – August 17, 2022 – Page 3 Director Muhonen advised that final plans have been received for the US 36/Community Drive Roundabout. The Colorado Department of Transportation (CDOT) concurrence to advertise is pending approval, and the budget increase and CDOT Intergovernmental Agreement IGA) revision will be presented to the Town Board on September 13. Bidding and construction should take place this fall. Downtown Estes Loop (DEL) final plans are ready, and bidding is targeting for early September for January 2023 construction. The Town Board approved the $500k local match funding increase and approved amendments to the noise ordinance. Director Muhonen will deliver a Downtown Estes Loop (DEL) presentation to the Rotary Club of Estes Park on August 18. The Upper Front Range Transportation Planning Region (UFRTPR) Executive Committee recommended the $1.4m Multimodal Options Fund (MMOF) grant award for the next phase of the Fall River Trail (FRT). The Multimodal Transportation Plan (MTP) was not awarded this grant. ADMINISTRATION UPDATES Director Muhonen’s Public Works Department restructuring was approved by the Town Board. In the coming months, 13 of 28 positions will be recruited, including the position of Town Engineer in anticipation of Manager Hook’s January 2023 retirement. All open positions can be found on the Town website; the TAB is encouraged to invite applicants. OTHER BUSINESS There being no further business, Chair Morris adjourned the meeting at 2:11 p.m. /s/Lani McDonald, Recording Secretary Page 17       Page 18 PUBLIC WORKS Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Brian Berg, Parks Supervisor Greg Muhonen, PE, Public Works Director Date: October 11, 2022 RE: Donation of a Flagstone Memorial Bench for Mrs. Walsh’s Garden (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER Donation QUASI-JUDICIAL YES NO Objective: Accept the donation of a flagstone memorial bench for Mrs. Walsh’s Garden with the engraving “In Loving Memory of Drew Thomas Wilcocks, 1994- 2021, Local Horticulturalist and Student, He Loved Flowers and Trees.” Present Situation: This bench will be purchased by the Ronald Wilcocks family and installed by the Parks Division at the waterfall in Mrs. Walsh’s Garden. During construction, a similar flagstone bench was damaged in the area and this bench would be its replacement. The citizen Parks Advisory Board supports the addition of this bench to the Town’s collection. Proposal: The Wilcocks family would like to donate a single seat flagstone bench to the Mrs. Walsh’s Garden’s waterfall area. The approximate value of the bench is $1,500 excluding installation. The Town’s Park Division will complete the installation. The engraving work will be done by the bench supplier. Advantages: • Adding this bench to Mrs. Walsh’s Garden will enhance the beauty and enjoyment of this area for people of all ages. Disadvantages: • The Town’s Public Works Parks Division will be in charge of installation and any bench maintenance. Action Recommended: Page 19 Public Works staff recommend acceptance of this bench donation. Finance/Resource Impact: There will be an expenditure to the Parks Division to install and maintain the bench. Level of Public Interest Low Sample Motion: I move for the approval/denial of the flagstone memorial bench donation for Mrs. Walsh’s Garden. Attachments: 1. Flagstone Bench Photo 2. Bench Engravement Text Page 20 ,' """-�. I ....... , ,,. I,, ,, .. / .,,: '\... ., ,�� . � Z· _, � \. / .... .,,,,,. i Attachment 1 Page 21 "In Loving Memory of Drew Thomas Wilcocks 1994 -2021 Local Horticulturalist and Student He Loved Flowers and Trees" 8 Attachment 2 Page 22 POLICE DEPARTMENT Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Interim Captain Jeremiah Polucha Date: October 11, 2022 RE: Resolution 83-22 Subscription License and Agreement with Tyler Technologies, Inc. regarding Police Department Ticketing Software and Services, $26,080 - Budgeted (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: To allow for the Estes Park Police Department to enter into a 5-year subscription agreement with Tyler Technologies, Inc. for their Enforcement Mobile ticketing software. Present Situation: The Estes Park Police Department currently utilizes a software suite called APS (Advanced Public Safety) to digitally generate, print, and issue traffic and criminal misdemeanor citations to defendants. The APS software suite is a legacy product, as it is nearly twenty years old and is no longer updated or supported by the manufacturer. Additionally, APS does not interface with our computer-aided dispatch (CAD) software or our records management system (RMS) software. The current industry-leading ticketing software is a product called Enforcement Mobile, which is marketed and supported by Tyler Technologies (A.K.A. Tyler Brazos). Enforcement Mobile is utilized by local and regional law enforcement agencies, including Fort Collins Police Services, Loveland Police Department, and Boulder County Sheriff’s Office. Enforcement Mobile integrates and interfaces with our CAD and RMS software. Proposal: To enter into this agreement. Advantages: Page 23 This will allow the Police Department to implement modern and supported ticketing software that seamlessly integrates with existing CAD and RMS software. Additionally, this software has the capability to print off citations in Spanish. Disadvantages: No negatives at this time. Action Recommended: The Board approves and authorizes the Chief of Police or designee to enter a 5-year contract with Tyler Technologies, Ltd. Finance/Resource Impact: The Police Department is responsible for paying a one-time fee of $4,020 and an annual and recurring fee of $22,060 for five years. The Police Department has budgeted for this continued expense. Level of Public Interest Staff believes that this topic is of high interest to the members of the community. Motion: I move for the approval Resolution 83-22. Attachments: 1.Resolution 83-22 2.Tyler Technologies Subscription License and Services Agreement Page 24 RESOLUTION 83-22 APPROVING A SUBSCRIPTION LICENSE AND SERVICES AGREEMENT WITH TYLER TECHNOLOGIES, INC. FOR POLICE DEPARTMENT TICKETING SOFTWARE AND SERVICES WHEREAS, the Town Board wishes to enter the Subscription License and Services Agreement referenced in the title of this resolution for the purpose of implementing a new ticketing system for the Police Department. 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 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: Special Counsel Attachment 1 Page 25 1 SUBSCRIPTION LICENSE AND SERVICES AGREEMENT This Subscription License and Services Agreement is made between Tyler Technologies, Inc. and Client. WHEREAS, Client selected Tyler to license the software products and perform the services set forth in the Investment Summary and Tyler desires to perform such actions under the terms of this Agreement; WHEREAS, Client is a member of Sourcewell (formerly known as National Joint Powers Alliance) (“Sourcewell”) under member number: 61436. WHEREAS, Tyler participated in the competitive bid process in response to Sourcewell RFP #090320 by submitting a proposal, on which Sourcewell awarded Tyler a Sourcewell contract, numbered 090320-TTI (hereinafter, the “Sourcewell Contract”); WHEREAS, documentation of the Sourcewell competitive bid process, as well as Tyler’s contract with and pricing information for Sourcewell is available at https://sourcewell-mn.gov/cooperative-purchasing/; and WHEREAS Client desires to purchase off the Sourcewell contract to procure public safety software functionality from Tyler, which Tyler agrees to deliver pursuant to the Sourcewell Contract and under the terms and conditions set forth below. NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth in this Agreement, Tyler and Client agree as follows: SECTION A – DEFINITIONS •“Agreement” means this Subscription License and Services Agreement. •“Business Travel Policy” means our business travel policy. A copy of our current Business Travel Policy is attached as Schedule 1 to Exhibit B. •“Client” means Town of Estes Park, CO. •“Defect” means a failure of the Tyler Software to substantially conform to the functional descriptions set forth in our written proposal to you, or their functional equivalent. Future functionality may be updated, modified, or otherwise enhanced through our maintenance and support services, and the governing functional descriptions for such future functionality will be set forth in our then-current Documentation. •“Developer” means a third party who owns the intellectual property rights to Third Party Software. •“Documentation” means any online or written documentation related to the use or functionality of the Tyler Software that we provide or otherwise make available to you, including instructions, user guides, manuals and other training or self-help documentation. •“Effective Date” means the date by which both of our authorized representatives have signed the Agreement. •“Force Majeure” means an event beyond the reasonable control of you or us, including, without limitation, governmental action, war, riot or civil commotion, fire, natural disaster, or any other cause that could not with reasonable diligence be foreseen or prevented by you or us. Attachment 2 Page 26 2 • “Hosting Services” means the hosting services we will provide for the Tyler Software as set forth in the Investment Summary, for the fees set forth therein. • “Investment Summary” means the agreed upon cost proposal for the software, products, and services attached as Exhibit A. • “Invoicing and Payment Policy” means the invoicing and payment policy. A copy of our current Invoicing and Payment Policy is attached as Exhibit B. • “Maintenance and Support Agreement” means the terms and conditions governing the provision of maintenance and support services to all of our customers. A copy of our current Maintenance and Support Agreement is attached as Exhibit C. • “SLA” means the service level agreement. A copy of our current SLA is attached hereto as Schedule 1 to Exhibit C. • “Statement of Work” means the industry standard implementation plan describing how our professional services will be provided to implement the Tyler Software, and outlining your and our roles and responsibilities in connection with that implementation. • “Support Call Process” means the support call process applicable to all of our customers who have licensed the Tyler Software. A copy of our current Support Call Process is attached as Schedule 2 to Exhibit C. • “Third Party Terms” means, if any, the end user license agreement(s) or similar terms for the Third Party Software, as applicable. • “Third Party Hardware” means the third party hardware, if any, identified in the Investment Summary. • “Third Party Products” means the Third Party Software, Third Party Hardware, and Third Party Services. • “Third Party Services” means the services provided by third parties, if any, identified in the Investment Summary. • “Third Party Software” means the third party software, if any, identified in the Investment Summary. • “Tyler” means Tyler Technologies, Inc., a Delaware corporation. • “Tyler Software” means our proprietary software, including any integrations, custom modifications, and/or other related interfaces identified in the Investment Summary and licensed by us to you through this Agreement. • “we”, “us”, “our” and similar terms mean Tyler. • “you” and similar terms mean Client. SECTION B – SOFTWARE LICENSE 1. License Grant and Restrictions. 1.1 For so long as you pay your then-current subscription fee, we grant to you a license to use the Tyler Software (a) for the number of licenses identified in the Investment Summary; (b) for your internal business purposes only; and (c) in the scope of the internal business purposes disclosed to us as of the Effective Date. You may make copies of the Tyler Software for backup and testing purposes, so long as such copies are not used in production and the testing is for internal use only, and so long as such copies are destroyed when you stop paying your subscription fees. Your rights to use the Tyler Software are coterminous with the duration of your subscription fee payments, but may be revoked if you do not comply with the terms of this Agreement. 1.2 The Documentation is licensed to you and may be used and copied by your employees for internal, Page 27 3 non-commercial reference purposes only. 1.3 You may not: (a) transfer or assign the Tyler Software to a third party; (b) reverse engineer, decompile, or disassemble the Tyler Software; (c) rent, lease, lend, or provide commercial hosting services with the Tyler Software; or (d) publish or otherwise disclose the Tyler Software or Documentation to third parties. 1.4 The license terms in this Agreement apply to updates and enhancements we may provide to you or make available to you through your Maintenance and Support Agreement. 1.5 We reserve all rights not expressly granted to you in this Agreement. The Tyler Software and Documentation are protected by copyright and other intellectual property laws and treaties. We own the title, copyright, and other intellectual property rights in the Tyler Software and the Documentation. The Tyler Software is licensed, not sold. You retain ownership of the data you enter into the Tyler Software. 2. Limited Warranty. We warrant that the Tyler Software will be without Defect(s) as long as you have a Maintenance and Support Agreement in effect. If the Tyler Software does not perform as warranted, we will use all reasonable efforts, consistent with industry standards, to cure the Defect as set forth in the Maintenance and Support Agreement. SECTION C – PROFESSIONAL SERVICES 1. Services. We will provide you the various implementation-related services itemized in the Investment Summary and the Statement of Work. We make all reasonable efforts to schedule our personnel for travel, including arranging travel reservations, at least two (2) weeks in advance of commitments. These services fees are payable as part of your annual subscription fee, and we reserve the right to suspend delivery of these services if you fail to timely pay those fees. 2. Additional Services. The Investment Summary identifies, and the Statement of Work describes, the scope of services and related costs (including programming and/or interface estimates) required for the project based on our understanding of the specifications you supplied. If additional work is required, or if you use or request additional services, we will provide you with an addendum or change order, as applicable, outlining the costs for the additional work. The price quotes in the addendum or change order will be valid for thirty (30) days from the date of the quote. 3. Cancellation. To the extent you request that we provide additional services under Section C(2), if you cancel those services less than two (2) weeks in advance (other than for Force Majeure or breach by us), you will be liable for all (a) non-refundable travel expenses incurred by us on your behalf, and (b) daily fees associated with cancelled professional services if we are unable to reassign our personnel. 4. Services Warranty. We will perform the services in a professional, workmanlike manner, consistent with industry standards. In the event we provide services that do not conform to this warranty, we will re-perform such services at no additional cost to you. 5. Site Access and Requirements. At no cost to us, you agree to provide us with full and free access to your personnel, facilities, and equipment as may be reasonably necessary for us to provide our services, subject to any reasonable security protocols or other written policies provided to us. Page 28 4 6. Client Assistance. You acknowledge that the provision of services for the Tyler Software is a cooperative process that may require the time and resources of your personnel. You agree to use all reasonable efforts to cooperate with and assist us as may be reasonably required. This cooperation includes at least working with us to schedule the services outlined in this Agreement. We will not be liable for failure to meet any deadlines and milestones when such failure is due to Force Majeure or to the failure by your personnel to provide such cooperation and assistance (either through action or omission). SECTION D – MAINTENANCE AND SUPPORT Beginning on the Effective Date, and for so long as you timely pay your then-current subscription fees, we will provide you with maintenance and support services for the Tyler Software under the terms of our standard Maintenance and Support Agreement. If you do not timely pay your then-current subscription fees, we reserve the right to suspend delivery of maintenance and support services until you’ve paid the subscriptions fees due as of the date of reinstatement, including subscription fees for all periods during which maintenance and support was suspended. SECTION E – THIRD PARTY PRODUCTS To the extent there are any Third Party Products set forth in the Investment Summary, the following terms and conditions will apply: 1. Third Party Hardware. We will sell and deliver the Third Party Hardware, if you have purchased any, for the subscription fee set forth in the Investment Summary for the initial term, as defined in Section H(1). Within three (3) months of the start date of a renewal term, we will make available then-current industry standard hardware updates, to the extent reasonably commercially available, for no additional fee beyond the subscription fee applicable to the corresponding renewal term. You are responsible for installing the Third Party Hardware we sell and deliver to you, either during the initial term or any renewal term. You are also responsible for repurchasing, at then-current rates, any Third Party Hardware that is lost or unavailable for a reason not caused by us (i.e. loss or theft). 2. Third Party Software. For so long as you pay your then-current subscription fees, you have a license to use the Third Party Software and related documentation for your internal business purposes only. Your license rights to the Third Party Software will be governed by the Third Party Terms. 2.1 We will install the Third Party Software. The installation cost is included in the installation fee in the Investment Summary. If you choose to transfer that installation, you will give us advance written notice and you will pay us for any required or requested technical assistance from us associated with such transfer, to the extent the transfer is allowed by the Developer. 2.2 If the Developer charges a fee for future updates, releases, or other enhancements to the Third Party Software, you will be required to pay such additional future fee. 3. Third Party Products Warranties. 3.1 We are authorized by each Developer to grant or transfer the licenses to the Third Party Software. 3.2 You acknowledge that we are not the manufacturer of the Third Party Products. We do not warrant or guarantee the performance of the Third Party Products. However, we grant and pass Page 29 5 through to you any warranty that we may receive from the supplier of the Third Party Products. 4. Third Party Services. If you have purchased Third Party Services, those services will be provided independent of Tyler by such third-party at the rates set forth in the Investment Summary and in accordance with our Invoicing and Payment Policy. 5. Maintenance. If you have a Maintenance and Support Agreement in effect, you may report defects and other issues related to the Third Party Software and/or Third Party Hardware directly to us, and we will (a) directly address the defect or issue, to the extent it relates to our interface with the Third Party Software or to the Third Party Hardware; and/or (b) facilitate resolution with the Developer, unless that Developer requires that you have a separate, direct maintenance agreement in effect with that Developer. In all events, if you experience an issue with hardware or software that we did not provide you, we are not responsible for resolving that issue. SECTION F – HOSTING SERVICES OR THIRD PARTY SERVICES 1. To the extent we are providing Hosting Services, we will provide them according to the terms and conditions set forth in this Section F, and the other applicable terms of this Agreement, including but not limited to the Service Level Agreement set forth at Exhibit C, Schedule 1. 1.1 You will be hosted on shared hardware in a Tyler data center, or a third party data center. Where applicable, we will perform or cause to have performed upgrades of the applications, hardware, and operating systems that support your Hosting Services. These upgrades are performed in commercially reasonable timeframes and in coordination with third-party releases and certifications. We will make available information on industry-standard minimum requirements and supported browsers for accessing the Hosting Services. 1.2 You acknowledge that we have no delivery obligations and we will not ship copies of the Tyler Software as part of the Hosting Services. You may use the Hosting Services to access updates and enhancements to the Tyler Software. 1.3 Our Hosting Services are audited at least yearly in accordance with the AICPA’s Statement on Standards for Attestation Engagements (“SSAE”) No. 18, Type 2. We have attained, and will maintain, Type II SSAE compliance, or its equivalent, for so long as you are timely paying your annual subscription fee. Upon execution of a mutually agreeable Non-Disclosure Agreement (“NDA”), we will provide you with a summary of our SSAE-18 compliance report or its equivalent. Every year thereafter, for so long as the NDA is in effect and in which you make a written request, we will provide that same information. 1.4 We have fully-redundant telecommunications access, electrical power, and the required hardware to provide access to the Tyler Software in the event of a disaster or component failure. In the event any of your data has been lost or damaged due to an act or omission of Tyler or its subcontractors or due to a defect in the Tyler Software, we will use best commercial efforts to restore all the data on servers in accordance with the architectural design’s capabilities and with the goal of minimizing any data loss as greatly as possible. In no case shall the recovery point objective (“RPO”) exceed a maximum of twenty-four (24) hours from declaration of disaster. For purposes of this subsection, RPO represents the maximum tolerable period during which your data may be lost, measured in relation to a disaster we declare, said declaration will not be unreasonably withheld. In the event Page 30 6 we declare a disaster, our Recovery Time Objective (“RTO”) is twenty-four (24) hours. For purposes of this subsection, RTO represents the amount of time, after we declare a disaster, within which your access to the Tyler Software must be restored 1.5 We conduct annual penetration testing of either the production network and/or web application to be performed. We will maintain industry standard intrusion detection and prevention systems to monitor malicious activity in the network and to log and block any such activity. You may not attempt to bypass or subvert security restrictions in the Hosting Services or environments related to the Tyler Software. Unauthorized attempts to access files, passwords or other confidential information, and unauthorized vulnerability and penetration test scanning of our network and systems (hosted or otherwise) is prohibited without the prior written approval of our IT Security Officer. 1.6 We test our disaster recovery plan on an annual basis. Our standard test is not client-specific. Should you request a client-specific disaster recovery test, we will work with you to schedule and execute such a test on a mutually agreeable schedule. 1.7 We will be responsible for importing back-up and verifying that you can log-in. You will be responsible for running reports and testing critical processes to verify the returned data. 1.8 If you fail to pay your then-current subscription fees, after our advance written notice to you of that failure, we reserve the right to suspend delivery of our applicable Hosting Services. 2. To the extent you are receiving Third Party Services for hosting, you will receive those services according to the Service Level Agreement available at https://aws.amazon.com/ You acknowledge and agree that, with advance written notice to you, we may transition the hosted Tyler Software from the Third Party Services provider to a Tyler data center at no additional cost to you. In such event, the terms of Section F(1) will apply to you instead of the terms of this Section F(2). SECTION G - INVOICING AND PAYMENT; INVOICE DISPUTES 1. Invoicing. We will invoice you for all fees set forth in the Investment Summary per our Invoicing and Payment Policy, subject to Section F(2). 2. Invoice Disputes. If you believe any delivered software or service does not conform to the warranties in this Agreement, you will provide us with written notice within thirty (30) days of your receipt of the applicable invoice. The written notice must contain reasonable detail of the issues you contend are in dispute so that we can confirm the issue and respond to your notice with either a justification of the invoice, an adjustment to the invoice, or a proposal addressing the issues presented in your notice. We will work with you as may be necessary to develop an action plan that outlines reasonable steps to be taken by each of us to resolve any issues presented in your notice. You may withhold payment of the amount(s) actually in dispute, and only those amounts, until we complete the action items outlined in the plan. If we are unable to complete the action items outlined in the action plan because of your failure to complete the items agreed to be done by you, then you will remit full payment of the invoice. We reserve the right to suspend delivery of all services, including but not limited to, your license rights and maintenance and support services, if you fail to pay an invoice not disputed as described above within fifteen (15) days of notice of our intent to do so. We will reinstate your license rights and our services delivery only if you pay all past due fees, including all fees for the periods during which your Page 31 7 license rights and/or our services delivery were suspended. SECTION H –TERM, EXPIRATION AND TERMINATION 1. Initial Term, Renewal and Expiration of Subscription. This Agreement shall be effective as of the Effective Date and shall continue for a period of 5 years unless earlier terminated as set forth below. The Agreement will automatically renew upon your signature of an updated Investment Summary that will set forth the subscription fee, subscription term, and any other applicable information to the renewal term. Each such Investment Summary will be labeled Exhibit A-1, Exhibit A-2, et cetera and will be incorporated into this Agreement as if fully set forth herein. 2. Termination. 2.1 Failure to Pay Subscription Fee. If you fail to pay your then-current subscription fee on a timely basis, we may terminate this Agreement if you do not pay all outstanding fees in full within forty- five (45) days’ of our written notice that we intend to so terminate. 2.2 For Cause. If you believe we have materially breached this Agreement, you will invoke the Dispute Resolution clause set forth in Section J(3). You may terminate this Agreement for cause in the event we do not cure, or create a mutually agreeable action plan to address, a material breach of this Agreement within the thirty (30) day window set forth in Section J(3). 2.3 Lack of Appropriations. As required under Colorado law, all financial obligations of the Client under this Agreement are contingent upon appropriation, budgeting, and availability of specific funds to discharge such obligations. If you should not appropriate or otherwise receive funds sufficient to pay your then-current subscription fee, you may unilaterally terminate this Agreement effective on the final day of the fiscal year through which you have funding. You will make every effort to give us at least thirty (30) days written notice prior to a termination for lack of appropriations. 2.4 Force Majeure. Either you or we may terminate this Agreement if a Force Majeure event suspends performance of scheduled tasks for a period of forty-five (45) days or more. 3. Effect of Termination. 3.1 Payment Obligations. In the event of a termination under Section H(2.1) or H(2.2), you will pay us for all undisputed subscription fees through the effective date of termination. Any disputed fees will be subject to the dispute resolution process. In the event of a termination under Section H(2.3) or H(2.4), you will pay us for all undisputed fees and expenses related to the software and/or services you have received, or we have incurred or delivered, prior to the effective date of termination. Any disputed fees and expenses must have been submitted to the Invoice Dispute process set forth in Section G(2) at the time of termination in order to be withheld at termination, and in no event will you be entitled to a refund or offset of previously paid subscription fees. 3.2 Early Termination Fees. Except for a termination by you under Section H(2.2), in the event a termination is effective prior to the expiration of the then-current term (either initial or renewal), then the following early termination fees will also be payable upon termination (each to the extent applicable): a. if you terminate during the first year, 100% of the subscription fees through the date of Page 32 8 termination plus 75% of the subscription fees then due for the remainder of the applicable term; b. if you terminate during the second year, 100% of the subscription fees through the date of termination plus 50% of the subscription fees then due for the remainder of the applicable term; and c. if you terminate during or after the third year, 100% of the subscription fees through the date of termination plus 25% of the subscription fees then due for the remainder of the applicable term. 3.3 Your Rights. Except as otherwise expressly agreed to by us, effective immediately upon termination for any reason hereunder, your license rights to the Tyler Software will be immediately revoked, and we will no longer provide you with any professional services, maintenance and support services, and/or hosting services. At your expense, you must return the hardware to us within thirty (30) days of the effective termination date. You must ensure that the hardware is returned to us in commercially reasonable condition. At your request, we will provide a copy of your SQL database then residing in our hosted environment. SECTION I – INDEMNIFICATION, LIMITATION OF LIABILITY AND INSURANCE 1. Intellectual Property Infringement Indemnification. 1.1 We will defend you against any third party claim(s) that the Tyler Software or Documentation infringes that third party’s patent, copyright, or trademark, or misappropriates its trade secrets, and will pay the amount of any resulting adverse final judgment (or settlement to which we consent). You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense. 1.2 Our obligations under this Section I(1) will not apply to the extent the claim or adverse final judgment is based on your: (a) use of a previous version of the Tyler Software and the claim would have been avoided had you installed and used the current version of the Tyler Software, and we provided notice of that requirement to you; (b) combining the Tyler Software with any product or device not provided, contemplated, or approved by us; (c) altering or modifying the Tyler Software, including any modification by third parties at your direction or otherwise permitted by you; (d) use of the Tyler Software in contradiction of this Agreement, including with non-licensed third parties; or (e) willful infringement, including use of the Tyler Software after we notify you to discontinue use due to such a claim. 1.3 If we receive information concerning an infringement or misappropriation claim related to the Tyler Software, we may, at our expense and without obligation to do so, either: (a) procure for you the right to continue its use; (b) modify it to make it non-infringing; or (c) replace it with a functional equivalent, in which case you will stop running the allegedly infringing Tyler Software immediately. Alternatively, we may decide to litigate the claim to judgment, in which case you may continue to use the Tyler Software consistent with the terms of this Agreement. 1.4 If an infringement or misappropriation claim is fully litigated and your use of the Tyler Software is enjoined by a court of competent jurisdiction, in addition to paying any adverse final judgment (or Page 33 9 settlement to which we consent), we will, at our option, either: (a) procure the right to continue its use; (b) modify it to make it non-infringing; (c) replace it with a functional equivalent; or (d) terminate your license and refund the license fees paid for the infringing Tyler Software, as depreciated on a straight-line basis measured over seven (7) years from the Effective Date. We will pursue those options in the order listed herein. This section provides your exclusive remedy for third party copyright, patent, or trademark infringement and trade secret misappropriation claims. 2. General Indemnification. 2.1 We will indemnify and hold harmless you and your agents, officials, and employees from and against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for (a) personal injury or property damage to the extent caused by our negligence or willful misconduct; or (b) our violation of a law applicable to our performance under this Agreement. You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense. 3. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CLIENT UNDERSTANDS AND AGREES THAT TYLER DISCLAIMS ANY LIABILITY FOR ERRORS THAT RELATE TO USER ERROR. 4. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, OUR LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON A THEORY OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE LIMITED TO YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED THE ANNUALIZED THEN-CURRENT SUBSCRIPTION FEE. THE PRICES SET FORTH IN THIS AGREEMENT ARE SET IN RELIANCE UPON THIS LIMITATION OF LIABILITY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS THAT ARE SUBJECT TO SECTIONS I(1) AND I(2). 5. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 6. Insurance. During the course of performing services under this Agreement, we agree to maintain the following levels of insurance: (a) Commercial General Liability of at least $1,000,000; (b) Automobile Liability of at least $1,000,000; (c) Professional Liability of at least $1,000,000; (d) Workers Compensation complying with applicable statutory requirements; and (e) Excess/Umbrella Liability of at least $5,000,000. We will add you as an additional insured to our Commercial General Liability and Automobile Liability policies, which will automatically add you as an additional insured to our Excess/Umbrella Liability policy as well. We will provide you with copies of certificates of insurance upon your written request. SECTION J – GENERAL TERMS AND CONDITIONS 1. Additional Products and Services. You may purchase additional products and/or recurring services at Page 34 10 the rates set forth in the Investment Summary for twelve (12) months from the Effective Date, and thereafter at our then-current list price, by executing a mutually agreed addendum. If no rate is provided in the Investment Summary, or those twelve (12) months have expired, you may purchase additional products and/or recurring services at our then-current list price, also by executing a mutually agreed addendum. The terms of this Agreement will control any such additional purchase(s), unless otherwise specifically provided in the addendum. We will work with you to adjust the annual subscription fee on a going-forward, pro rata basis as necessary. 2. Optional Items. Pricing for any listed optional products and services in the Investment Summary will be valid for twelve (12) months from the Effective Date. In the event you choose to purchase any optional products and/or optional recurring services, we will work with you to adjust the annual subscription fee on a going-forward, pro rata basis as necessary. If you choose to purchase any optional one-time services, they will be billed to you on a time and materials basis. 3. Dispute Resolution. You agree to provide us with written notice within thirty (30) days of becoming aware of a dispute. You agree to cooperate with us in trying to reasonably resolve all disputes, including, if requested by either party, appointing a senior representative to meet and engage in good faith negotiations with our appointed senior representative. Senior representatives will convene within thirty (30) days of the written dispute notice, unless otherwise agreed. All meetings and discussions between senior representatives will be deemed confidential settlement discussions not subject to disclosure under Federal Rule of Evidence 408 or any similar applicable state rule. If we fail to resolve the dispute, either of us may assert our respective rights and remedies in a court of competent jurisdiction. Nothing in this section shall prevent you or us from seeking necessary injunctive relief during the dispute resolution procedures. 4. Taxes. The fees in the Investment Summary do not include any taxes, including, without limitation, sales, use, or excise tax. If you are a tax-exempt entity, you agree to provide us with a tax-exempt certificate. Otherwise, we will pay all applicable taxes to the proper authorities and you will reimburse us for such taxes. If you have a valid direct-pay permit, you agree to provide us with a copy. For clarity, we are responsible for paying our income taxes, both federal and state, as applicable, arising from our performance of this Agreement. 5. Nondiscrimination. We will not discriminate against any person employed or applying for employment concerning the performance of our responsibilities under this Agreement. This discrimination prohibition will apply to all matters of initial employment, tenure, and terms of employment, or otherwise with respect to any matter directly or indirectly relating to employment concerning race, color, religion, national origin, age, sex, sexual orientation, ancestry, disability that is unrelated to the individual's ability to perform the duties of a particular job or position, height, weight, marital status, or political affiliation. We will post, where appropriate, all notices related to nondiscrimination as may be required by applicable law. 6. Subcontractors. We will not subcontract any services under this Agreement without your prior written consent, not to be unreasonably withheld. 7. Binding Effect; No Assignment. This Agreement shall be binding on, and shall be for the benefit of, either your or our successor(s) or permitted assign(s). Neither party may assign this Agreement without the prior written consent of the other party; provided, however, your consent is not required for an assignment by us as a result of a corporate reorganization, merger, acquisition, or purchase of substantially all of our assets. Page 35 11 8. Force Majeure. Except for your payment obligations, neither party will be liable for delays in performing its obligations under this Agreement to the extent that the delay is caused by Force Majeure; provided, however, that within ten (10) business days of the Force Majeure event, the party whose performance is delayed provides the other party with written notice explaining the cause and extent thereof, as well as a request for a reasonable time extension equal to the estimated duration of the Force Majeure event. 9. No Intended Third Party Beneficiaries. This Agreement is entered into solely for the benefit of you and us. No third party will be deemed a beneficiary of this Agreement, and no third party will have the right to make any claim or assert any right under this Agreement. This provision does not affect the rights of third parties under any Third Party Terms. 10. Entire Agreement; Amendment. This Agreement represents the entire agreement between you and us with respect to the subject matter hereof, and supersedes any prior agreements, understandings, and representations, whether written, oral, expressed, implied, or statutory. Purchase orders submitted by you, if any, are for your internal administrative purposes only, and the terms and conditions contained in those purchase orders will have no force or effect. This Agreement may only be modified by a written amendment signed by an authorized representative of each party. 11. Severability. If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will be considered valid and enforceable to the fullest extent permitted by law. 12. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced by either party, such non-enforcement will not act as or be deemed to act as a waiver or modification of this Agreement, nor will such non-enforcement prevent such party from enforcing each and every term of this Agreement thereafter. 13. Independent Contractor. We are an independent contractor for all purposes under this Agreement. 14. Notices. All notices or communications required or permitted as a part of this Agreement, such as notice of an alleged material breach for a termination for cause or a dispute that must be submitted to dispute resolution, must be in writing and will be deemed delivered upon the earlier of the following: (a) actual receipt by the receiving party; (b) upon receipt by sender of a certified mail, return receipt signed by an employee or agent of the receiving party; (c) upon receipt by sender of proof of email delivery; or (d) if not actually received, five (5) days after deposit with the United States Postal Service authorized mail center with proper postage (certified mail, return receipt requested) affixed and addressed to the other party at the address set forth on the signature page hereto or such other address as the party may have designated by proper notice. The consequences for the failure to receive a notice due to improper notification by the intended receiving party of a change in address will be borne by the intended receiving party. 15. Client Lists. You agree that we may identify you by name in client lists, marketing presentations, and promotional materials. 16. Confidentiality. Both parties recognize that their respective employees and agents, in the course of performance of this Agreement, may be exposed to confidential information and that disclosure of such information could violate rights to private individuals and entities, including the parties. Confidential information is nonpublic information that a reasonable person would believe to be Page 36 12 confidential and includes, without limitation, personal identifying information (e.g., social security numbers) and trade secrets, each as defined by applicable state law. Each party agrees that it will not disclose any confidential information of the other party and further agrees to take all reasonable and appropriate action to prevent such disclosure by its employees or agents. To the extent Client engages independent contractors to fulfill its obligations under this Agreement, Client shall enter into a written agreement with said independent contractors that contains confidentiality covenants at least as restrictive as the confidentiality covenants contained herein. The confidentiality covenants contained herein will survive the termination or cancellation of this Agreement. This obligation of confidentiality will not apply to information that: (a) is in the public domain, either at the time of disclosure or afterwards, except by breach of this Agreement by a party or its employees or agents; (b) a party can establish by reasonable proof was in that party's possession at the time of initial disclosure; (c) a party receives from a third party who has a right to disclose it to the receiving party; or (d) is the subject of a legitimate disclosure request under the open records laws or similar applicable public disclosure laws governing this Agreement; provided, however, that in the event you receive an open records or other similar applicable request, you will give us prompt notice and otherwise perform the functions required by applicable law. 17. Business License. In the event a local business license is required for us to perform services hereunder, you will promptly notify us and provide us with the necessary paperwork and/or contact information so that we may timely obtain such license. 18. Governing Law. This Agreement will be governed by and construed in accordance with the laws of your state of domicile, without regard to its rules on conflicts of law. 19. Multiple Originals and Authorized Signatures. This Agreement may be executed in multiple originals, any of which will be independently treated as an original document. Any electronic, faxed, scanned, photocopied, or similarly reproduced signature on this Agreement or any amendment hereto will be deemed an original signature and will be fully enforceable as if an original signature. Each party represents to the other that the signatory set forth below is duly authorized to bind that party to this Agreement. 20. Cooperative Procurement. To the maximum extent permitted by applicable law, we agree that this Agreement may be used as a cooperative procurement vehicle by eligible jurisdictions. We reserve the right to negotiate and customize the terms and conditions set forth herein, including but not limited to pricing, to the scope and circumstances of that cooperative procurement. 21. Socrata Solution Terms. Your use of certain Tyler solutions includes Tyler’s Socrata data platform. Your rights, and the rights of any of your end users, to use Tyler’s Socrata SaaS Services Terms of Services, available at https://www.tylertech.com/terms/socrata-saas-services-terms-of-service. By signing a Tyler Agreement or Order Form, or accessing, installing, or using any of the Tyler solutions listed at the linked terms, you certify that you have reviewed, understand, and agree to said terms. 22. Contract Documents. This Agreement includes the following exhibits: Exhibit A Investment Summary Exhibit B Invoicing and Payment Policy Page 37 13 Schedule 1: Business Travel Policy Exhibit C Maintenance and Support Agreement Schedule 1: Service Level Agreement Schedule 2: Support Call Process IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Agreement as of the date(s) set forth below. Tyler Technologies, Inc. Town of Estes Park, CO By: By: Name: Name: Title: Title: Date: Date: Address for Notices: Address for Notices: Tyler Technologies, Inc. Town of Estes Park One Tyler Drive 577 Elm Road Yarmouth, ME 04096 Estes Park, CO 80517 Attention: Chief Legal Officer Attention: ______________________ Page 38 Exhibit A 1 Exhibit A Investment Summary The following Investment Summary details the software, products, and services to be delivered by us to you under the Agreement. This Investment Summary is effective as of the Effective Date. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. Investment Summary prepared in accordance with Sourcewell Contract #090320-tti Page 39 2022-333261-W3Y1M7 INVESTMENT SUMMARY Tyler Software $ 0 Services $ 1,250 Third-Party Products $ 0 Other Cost $ 0 Travel $ 2,770 Total One-Time Cost $ 4,020 Annual Recurring Fees/SaaS $ 22,060 Tyler Software Maintenance $ 0 Page 40 2022-333261-W3Y1M7 Page 1 Quoted By:Kimberly Germer Quote Expiration:12/31/22 Quote Name: SaaS- Sourcewell Member Discounts Applied Sales Quotation For:Shipping Address: Town of Estes Park Police Department Town of Estes Park Police Department PO Box 1287 PO Box 1287 Estes Park, CO 80517-1287 Phone: +1 (970) 586-4465 Annual / SaaS Description Quantity Fee Discount Annual Enforcement Mobile License REF License - MDC or TABLET [15]15 $ 0 $ 0 $ 0 Task Task: Tow/Impound Report (standard)1 $ 1,653 $ 165 $ 1,488 Task: Driver Exchange Module 1 $ 1,653 $ 165 $ 1,488 Task: Criminal Trespass Warning 1 $ 1,653 $ 165 $ 1,488 Subscription License Fees Electronic Citations/Summons- County/State 1 $ 1,653 $ 165 $ 1,488 Electronic Citations/Summons-Juvenile 1 $ 1,653 $ 165 $ 1,488 Interface: N/A for County/State Court- PDF Export will be generated instead 1 $ 998 $ 100 $ 898 Interface: Municipal Court 1 $ 1,653 $ 165 $ 1,488 Page 41 2022-333261-W3Y1M7 Page 2 Interface: Central Square Device-Level (NCIC/CCIC from Mobile CAD)1 $ 1,653 $ 165 $ 1,488 Interface: Central Square RMS 1 $ 1,653 $ 165 $ 1,488 Enforcement Mobile Subscription No Hardware [15]15 $ 660 $ 990 $ 8,910 Hosting Fee Hosting Fee 1 $ 348 $ 0 $ 348 TOTAL $ 22,060 Services Description Quantity Unit Price Discount Total Maintenance Enforcement Mobile Training 1 $ 0 $ 0 $ 0 $ 0 Task: Language Translation 1 $ 500 $ 0 $ 500 $ 0 Set Up Fees - Third Party Hardware 15 $ 50 $ 0 $ 750 $ 0 Set-Up & Configuration for hardware platform - LAPTOP 1 $ 0 $ 0 $ 0 $ 0 Project Management 1 $ 0 $ 0 $ 0 $ 0 TOTAL $ 1,250 $ 0 Summary One Time Fees Recurring Fees Total Tyler Software $ 0 $ 0 Total Annual $ 0 $ 22,060 Total Tyler Services $ 1,250 $ 0 Total Third-Party Hardware, Software, Services $ 0 $ 0 Page 42 2022-333261-W3Y1M7 Page 3 Contract Total $ 23,310 Travel $ 2,770 Comments Agency is responsible for paying any applicable state taxes. Contract total does not include tax. Page 43 Exhibit B 1 Exhibit B Invoicing and Payment Policy We will provide you with the software and services set forth in the Investment Summary. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. Invoicing: We will invoice you for the fees in the Investment Summary as set forth below. Your rights to dispute any invoice are set forth in the Agreement. 1. Subscription Fees. Subscription fees will be invoiced annually in advance at the rates set forth in the Investment Summary for the initial term, as defined in the Agreement. Thereafter, subscription fees will be invoiced annually in advance at the rates set forth in the applicable Exhibit A-1, Exhibit A-2, et cetera, except as otherwise set forth therein. Except as otherwise expressly agreed to by us, those subscription fees reflect the allocated fees for your license to the Tyler Software, as well as the professional services, maintenance and support services, and hosting services we provided to you. 2. Additional Professional Services. To the extent you request any additional professional services from us under Section C(2) of the Agreement, those services will be billed as delivered and invoiced as incurred. 3. Requested Modifications to the Tyler Software: Requested modifications to Tyler Software are invoiced 50% upon delivery of specifications and 50% upon delivery of the applicable modification. You must report any failure of the modification to conform to the specifications within thirty (30) days of delivery; otherwise, the modification will be deemed to be in compliance with the specifications after the 30-day window has passed. 4. Third Party Hardware and Language Translation Services: Third Party Hardware and Translation Services costs are invoiced upon delivery. 5. Expenses. Travel expenses associated with the scope of your implementation as of the Effective Date are reflected in the annual subscription fee. To the extent you request additional professional services under Section C(2) and travel is required to deliver those services, travel expenses will be incurred separately. Those expenses will be billed as incurred and only in accordance with our then-current Business Travel Policy, plus a 10% travel agency processing fee. Our current Business Travel Policy is attached to this Exhibit B at Schedule 1. Copies of receipts will be provided on an exception basis for an administrative fee. Receipts for mileage or miscellaneous items less than twenty-five dollars are not available. Payment. We prefer to receive payments electronically. Our electronic payment information is available by contacting AR@tylertech.com. Page 44 Exhibit B Schedule 1 1 Exhibit B Schedule 1 Business Travel Policy 1. Air Travel A. Reservations & Tickets Tyler’s Travel Management Company (TMC) will provide an employee with a direct flight within two hours before or after the requested departure time, assuming that flight does not add more than three hours to the employee’s total trip duration and the fare is within $100 (each way) of the lowest logical fare. If a net savings of $200 or more (each way) is possible through a connecting flight that is within two hours before or after the requested departure time and that does not add more than three hours to the employee’s total trip duration, the connecting flight should be accepted. Employees are encouraged to make advanced reservations to take full advantage of discount opportunities. Employees should use all reasonable efforts to make travel arrangements at least two (2) weeks in advance of commitments. A seven (7) day advance booking requirement is mandatory. When booking less than seven (7) days in advance, management approval will be required. Except in the case of international travel where a segment of continuous air travel is six (6) or more consecutive hours in length, only economy or coach class seating is reimbursable. Employees shall not be reimbursed for “Basic Economy Fares” because these fares are non- refundable and have many restrictions that outweigh the cost-savings. B. Baggage Fees Reimbursement of personal baggage charges are based on trip duration as follows: • Up to five (5) days = one (1) checked bag • Six (6) or more days = two (2) checked bags Baggage fees for sports equipment are not reimbursable. 2. Ground Transportation A. Private Automobile Page 45 Exhibit B Schedule 1 2 Mileage Allowance – Business use of an employee’s private automobile will be reimbursed at the current IRS allowable rate, plus out of pocket costs for tolls and parking. Mileage will be calculated by using the employee's office as the starting and ending point, in compliance with IRS regulations. Employees who have been designated a home office should calculate miles from their home. B. Rental Car Employees are authorized to rent cars only in conjunction with air travel when cost, convenience, and the specific situation reasonably require their use. When renting a car for Tyler business, employees should select a “mid-size” or “intermediate” car. “Full” size cars may be rented when three or more employees are traveling together. Tyler carries leased vehicle coverage for business car rentals; except for employees traveling to Alaska and internationally (excluding Canada), additional insurance on the rental agreement should be declined. C. Public Transportation Taxi or airport limousine services may be considered when traveling in and around cities or to and from airports when less expensive means of transportation are unavailable or impractical. The actual fare plus a reasonable tip (15-18%) are reimbursable. In the case of a free hotel shuttle to the airport, tips are included in the per diem rates and will not be reimbursed separately. D. Parking & Tolls When parking at the airport, employees must use longer term parking areas that are measured in days as opposed to hours. Park and fly options located near some airports may also be used. For extended trips that would result in excessive parking charges, public transportation to/from the airport should be considered. Tolls will be reimbursed when receipts are presented. 3. Lodging Tyler’s TMC will select hotel chains that are well established, reasonable in price, and conveniently located in relation to the traveler's work assignment. Typical hotel chains include Courtyard, Fairfield Inn, Hampton Inn, and Holiday Inn Express. If the employee has a discount rate with a local hotel, the hotel reservation should note that discount and the employee should confirm the lower rate with the hotel upon arrival. Employee memberships in travel clubs such as AAA should be noted in their travel profiles so that the employee can take advantage of any lower club rates. “No shows” or cancellation fees are not reimbursable if the employee does not comply with the hotel’s cancellation policy. Tips for maids and other hotel staff are included in the per diem rate and are not reimbursed separately. Page 46 Exhibit B Schedule 1 3 Employees are not authorized to reserve non-traditional short-term lodging, such as Airbnb, VRBO, and HomeAway. Employees who elect to make such reservations shall not be reimbursed. 4. Meals and Incidental Expenses Employee meals and incidental expenses while on travel status within the continental U.S. are in accordance with the federal per diem rates published by the General Services Administration. Incidental expenses include tips to maids, hotel staff, and shuttle drivers and other minor travel expenses. Per diem rates are available at www.gsa.gov/perdiem. Per diem for Alaska, Hawaii, U.S. protectorates and international destinations are provided separately by the Department of Defense and will be determined as required. A. Overnight Travel For each full day of travel, all three meals are reimbursable. Per diems on the first and last day of a trip are governed as set forth below. Departure Day Depart before 12:00 noon Lunch and dinner Depart after 12:00 noon Return Day Dinner Return before 12:00 noon Breakfast Return between 12:00 noon & 7:00 p.m. Breakfast and lunch Return after 7:00 p.m.* Breakfast, lunch and dinner *7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner. The reimbursement rates for individual meals are calculated as a percentage of the full day per diem as follows: Breakfast 15% Lunch 25% Dinner 60% B. Same Day Travel Employees traveling at least 100 miles to a site and returning in the same day are eligible to claim lunch on an expense report. Employees on same day travel status are eligible to claim dinner in the event they return home after 7:00 p.m.* *7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner. Page 47 Exhibit B Schedule 1 4 5. Internet Access – Hotels and Airports Employees who travel may need to access their e-mail at night. Many hotels provide free high speed internet access and Tyler employees are encouraged to use such hotels whenever possible. If an employee’s hotel charges for internet access it is reimbursable up to $10.00 per day. Charges for internet access at airports are not reimbursable. 6. International Travel All international flights with the exception of flights between the U.S. and Canada should be reserved through TMC using the “lowest practical coach fare” with the exception of flights that are six (6) or more consecutive hours in length. In such event, the next available seating class above coach shall be reimbursed. When required to travel internationally for business, employees shall be reimbursed for photo fees, application fees, and execution fees when obtaining a new passport book, but fees related to passport renewals are not reimbursable. Visa application and legal fees, entry taxes and departure taxes are reimbursable. The cost of vaccinations that are either required for travel to specific countries or suggested by the U.S. Department of Health & Human Services for travel to specific countries, is reimbursable. Section 4, Meals & Incidental Expenses, and Section 2.b., Rental Car, shall apply to this section. Page 48 Exhibit C 1 Exhibit C Maintenance and Support Agreement We will provide you with the following maintenance and support services for the Tyler Software. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. 1. Maintenance and Support Services. As long as you are not using the Help Desk as a substitute for our training services on the Tyler Software, and you timely pay your then-current subscription fee, we will, consistent with our then-current Support Call Process: 1.1 perform our maintenance and support obligations in a professional, good, and workmanlike manner, consistent with industry standards, to resolve Defects in the Tyler Software (subject to any applicable release life cycle policy); provided, however, that if you modify the Tyler Software without our consent, our obligation to provide maintenance and support services on and warrant the Tyler Software will be void; 1.2 provide support during our established support hours; 1.3 maintain personnel that are sufficiently trained to be familiar with the Tyler Software and Third Party Products, if any, in order to provide maintenance and support services; 1.4 provide you with a copy of all releases to the Tyler Software (including updates and enhancements) that we make generally available without additional charge to customers who have a maintenance and support agreement in effect; and 1.5 provide non-Defect resolution support of prior releases of the Tyler Software in accordance with any applicable release life cycle policy. 2. Client Responsibilities. We will use all reasonable efforts to perform any maintenance and support services remotely. Currently, we use a third-party secure unattended connectivity tool called Bomgar, as well as GotoAssist by Citrix. Therefore, you agree to maintain a high-speed internet connection capable of connecting us to your PCs and server(s). You agree to provide us with a login account and local administrative privileges as we may reasonably require to perform remote services. We will, at our option, use the secure connection to assist with proper diagnosis and resolution, subject to any reasonably applicable security protocols. If we cannot resolve a support issue remotely, we may be required to provide onsite services. In such event, we will be responsible for our travel expenses, unless it is determined that the reason onsite support was required was a reason outside our control. Either way, you agree to provide us with full and free access to the Tyler Software, working space, adequate facilities within a reasonable distance from the equipment, and use of machines, attachments, features, or other equipment reasonably necessary for us to provide the maintenance and support services, all at no charge to us. We strongly recommend that you also maintain a VPN for backup connectivity purposes. Page 49 Exhibit C 2 3. Hardware and Other Systems. If you are a self-hosted customer and, in the process of diagnosing a software support issue, it is discovered that one of your peripheral systems or other software is the cause of the issue, we will notify you so that you may contact the support agency for that peripheral system. We cannot support or maintain Third Party Products except as expressly set forth in the Agreement. In order for us to provide the highest level of software support, you bear the following responsibility related to hardware and software: (a) All infrastructure executing Tyler Software shall be managed by you; (b) You will maintain support contracts for all non-Tyler software associated with Tyler Software (including operating systems and database management systems, but excluding Third-Party Software, if any); and (c) You will perform daily database backups and verify that those backups are successful. 4. Other Excluded Services. Your subscription fees do not include the following maintenance and support services: (a) onsite maintenance and support (unless Tyler cannot remotely correct a Defect in the Tyler Software, as set forth above); (b) application design; (c) other consulting services; (d) maintenance and support of software or hardware not licensed to you or otherwise provided to you under this Agreement; (e) support outside our normal business hours as listed in our then-current Support Call Process; or (f) installation, training services, or third party product costs related to a new release. Requested maintenance and support services such as those outlined in this section will be billed to you on a time and materials basis at our then current rates. You must request those services with at least one (1) weeks’ advance notice. 5. Current Support Call Process. Our current Support Call Process for the Tyler Software is attached to this Exhibit C at Schedule 1. Page 50 Exhibit C Schedule 1 1 Exhibit C Schedule 1 Service Level Agreement Agreement Overview This SLA outlines the information technology service levels that Tyler will provide to Client to ensure the availability of the Hosting Services that Client has requested Tyler to provide. All other support services are documented in the applicable Support Call Process. All defined terms not defined below have the meaning set forth in the Agreement. Definitions Attainment: The percentage of time a service is available during a billing cycle, with percentages rounded to the nearest whole number. Client Error Incident: Any service unavailability resulting from Client’s applications, content or equipment, or the acts or omissions of any of Client’s service users or third-party providers over whom Tyler exercises no control. Downtime: Those minutes during which the applicable software products are materially unavailable for Client’s use. Downtime does not include those instances in which only a Defect is present. Service Availability: The total number of minutes in a billing cycle that a given service is capable of receiving, processing, and responding to requests, excluding maintenance windows, Client Error Incidents and Force Majeure. Service Availability Service Availability of the applicable software products is intended to be 24/7/365. Tyler sets Service Availability goals and measures whether Tyler has met those goals by tracking Attainment. Client Responsibilities Whenever Client experiences Downtime, Client must make a support call according to the procedures outlined in the applicable Support Call Process exhibit. Client may escalate through the hosting hotline. Client will receive a support incident number. Any Downtime is measured from the time Tyler intakes Client’s support incident. To track attainment, Client must document, in writing, all Downtime that Client has experienced during a billing cycle. For purposes of this Service Level Agreement, billing cycle shall be based on each calendar quarter. Client must deliver such documentation to Tyler within thirty (30) days of a billing cycle’s end. Page 51 Exhibit C Schedule 1 2 The documentation County provides must substantiate the Downtime. It must include, for example, the support incident number(s) and the date, time and duration of the Downtime(s). Tyler Responsibilities Tyler’s support team receives a call from Client that a Downtime has occurred or is occurring, Tyler will work with Client to identify the cause of the Downtime (including whether it may be the result of a Client Error Incident or Force Majeure). Tyler will also work with Client to resume normal operations. Upon timely receipt of Client’s Downtime report, outlined above, Tyler will compare that report to Tyler’s own outage logs and support tickets to confirm that a Downtime for which Tyler was responsible indeed occurred. Tyler will respond to Client’s Downtime report within thirty (30) days of receipt. To the extent Tyler has confirmed Downtime for which Tyler is responsible, Tyler will provide Client with the relief set forth below. Client Relief When a Service Availability goal is not met due to Client’s confirmed Downtime, Tyler will provide Client with relief that corresponds to the percentage amount by which that goal was not achieved, as set forth in the Client Relief Schedule below. Notwithstanding the above, the total amount of all relief that would be due under this SLA will not exceed 5% of the fee for any one billing cycle. Issuing of such credit does not relieve Tyler of its obligations under the Agreement to correct the problem which created the service interruption. A correction may occur in the billing cycle following the service interruption. In that circumstance, if service levels do not meet the corresponding goal for that later billing cycle, Client’s total credits will be doubled, with equal relief being provided in that later billing cycle. Client Relief Schedule Targeted Attainment Actual Attainment Client Relief 100% 98-99% Remedial action will be taken at no additional cost to Client. 100% 95-97% Remedial action will be taken at no additional cost to Client. 4% credit of fee for affected billing cycle will be posted to next billing cycle 100% <95% Remedial action will be taken at no additional cost to Client. 5% credit of fee for affected billing cycle will be posted to next billing cycle Client may request a report from Tyler that documents the preceding billing cycle’s Service Availability, Downtime, any remedial actions that have been/will be taken, and any credits that may be issued. That Page 52 Exhibit C Schedule 1 3 report is available by contacting the hosting hotline through the support portal(s). Applicability The commitments set forth in this SLA do not apply during maintenance windows, Client Error Incidents, and Force Majeure. Tyler performs maintenance during limited windows that are historically known to be reliably low-traffic times. If and when maintenance is predicted to occur during periods of higher traffic, Tyler will provide advance notice of those windows and will coordinate to the greatest extent possible with Client. When maintenance is scheduled to occur, Tyler will provide approximately two (2) weeks’ advance written notice to the contact information that Client supplies on Client notification form. When emergency maintenance is scheduled, Client will receive an email at that same contact point. Force Majeure Client will not hold Tyler responsible for meeting service levels outlined in this SLA to the extent any failure to do so is caused by Force Majeure. In the event of Force Majeure, Tyler will file with Client a signed request that said failure be excused. That writing will include the details and circumstances supporting Tyler’s request for relief with clear and convincing evidence pursuant to this provision. Client will not unreasonably withhold its acceptance of such a request. Page 53 Exhibit C Schedule 2 1 Exhibit C Schedule 2 Support Call Process Support Channels Tyler Technologies, Inc. provides the following channels of software support, some or all of which are available for the Tyler Software as of the Effective Date (to the extent not available, we will make you aware of their availability when appropriate): (1) Tyler Community – an on-line resource, Tyler Community provides a venue for all Tyler clients with current maintenance agreements to collaborate with one another, share best practices and resources, and access documentation. (2) On-line submission (portal) – for less urgent and functionality-based questions, users may create unlimited support incidents through the customer relationship management portal available at the Tyler Technologies website. (3) Email – for less urgent situations, users may submit unlimited emails directly to the software support group. (4) Telephone – for urgent or complex questions, users receive toll-free, unlimited telephone software support. Support Resources A number of additional resources are or will be available to provide a comprehensive and complete support experience: (1) Tyler Website – www.tylertech.com – for accessing client tools and other information including support contact information. (2) Tyler Community – available through login, Tyler Community provides a venue for clients to support one another and share best practices and resources. (3) Knowledgebase – A fully searchable depository of thousands of documents related to procedures, best practices, release information, and job aides. (4) Program Updates – where development activity is made available for client consumption Support Availability Tyler Technologies provides support on the Tyler Software 24/7. Issue Handling Incident Tracking Every support incident is logged into Tyler’s Customer Relationship Management System and given a unique incident number. This system tracks the history of each incident. The incident tracking number is used to track and reference open issues when clients contact support. Clients may track incidents, using the incident number, through the portal at Tyler’s website or by calling software support directly. Incident Priority Each incident is assigned a priority number, which corresponds to the client’s needs and deadlines. The Page 54 Exhibit C Schedule 2 2 client is responsible for reasonably setting the priority of the incident per the chart below. The goal of this structure is to help the client clearly understand and communicate the importance of the issue and to describe expected responses and resolutions. Priority Level Characteristics of Support Incident Resolution Targets 1 Critical Support incident that causes (a) complete application failure or application unavailability; (b) application failure or unavailability in one or more of the client’s remote location; or (c) systemic loss of multiple essential system functions. Tyler shall provide an initial response to Priority Level 1 incidents within one (1) business hour of receipt of the support incident. Tyler shall use commercially reasonable efforts to resolve such support incidents or provide a circumvention procedure within one (1) business day. Tyler’s responsibility for lost or corrupted data is limited to assisting the client in restoring its last available database. 2 High Support incident that causes (a) repeated, consistent failure of essential functionality affecting more than one user or (b) loss or corruption of data. Tyler shall provide an initial response to Priority Level 2 incidents within four (4) business hours of receipt of the support incident. Tyler shall use commercially reasonable efforts to resolve such support incidents or provide a circumvention procedure within ten (10) business days. Tyler’s responsibility for loss or corrupted data is limited to assisting the client in restoring its last available database. 3 Medium Priority Level 1 incident with an existing circumvention procedure, or a Priority Level 2 incident that affects only one user or for which there is an existing circumvention procedure. Tyler shall provide an initial response to Priority Level 3 incidents within one (1) business day of receipt of the support incident. Tyler shall use commercially reasonable efforts to resolve such support incidents without the need for a circumvention procedure with the next published maintenance update or service pack. Tyler’s responsibility for lost or corrupted data is limited to assisting the client in restoring its last available database. 4 Non- critical Support incident that causes failure of non-essential functionality or a cosmetic or other issue that does not qualify as any other Priority Level. Tyler shall provide an initial response to Priority Level 4 incidents within two (2) business days. Tyler shall use commercially reasonable efforts to resolve such support incidents, as well as cosmetic issues, with a future version release. Incident Escalation Tyler Technology’s software support consists of four levels of personnel: (1) Level 1: front-line representatives Page 55 Exhibit C Schedule 2 3 (2) Level 2: more senior in their support role, they assist front-line representatives and take on escalated issues (3) Level 3: assist in incident escalations and specialized client issues (4) Level 4: responsible for the management of support teams for either a single product or a product group If a client feels they are not receiving the service needed, they may contact the appropriate Software Support Manager. After receiving the incident tracking number, the manager will follow up on the open issue and determine the necessary action to meet the client’s needs. On occasion, the priority or immediacy of a software support incident may change after initiation. Tyler encourages clients to communicate the level of urgency or priority of software support issues so that we can respond appropriately. A software support incident can be escalated by any of the following methods: (1) Telephone – for immediate response, call toll-free to either escalate an incident’s priority or to escalate an issue through management channels as described above. (2) Email – clients can send an email to software support in order to escalate the priority of an issue (3) On-line Support Incident Portal – clients can also escalate the priority of an issue by logging into the client incident portal and referencing the appropriate incident tracking number. Remote Support Tool Some support calls require further analysis of the client’s database, process or setup to diagnose a problem or to assist with a question. Tyler will, at its discretion, use an industry-standard remote support tool. Support is able to quickly connect to the client’s desktop and view the site’s setup, diagnose problems, or assist with screen navigation. More information about the remote support tool Tyler uses is available upon request. Page 56 TOWN ADMINISTRATOR’S OFFICE Memo To: Honorable Mayor Koenig Board of Trustees From: Town Administrator Machalek Date: October 11, 2022 RE: 2023 Visit Estes Park Operating Plan (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER: _____________ QUASI-JUDICIAL YES NO Objective: Town Board consideration of the 2023 Visit Estes Park Operating Plan. Present Situation: Per the terms of the Town’s Intergovernmental Agreement with Larimer County for the formation of the Estes Park Local Marketing District (VEP), VEP is required to file an Operating Plan with both the Town and the County no later than September 30th of each year. This Operating Plan must identify services to be provided by VEP, any marketing and promotion tax to be levied by VEP, and such additional information as may be appropriate or required to inform the Town and the County as to the activities, services, and funding of VEP in the upcoming calendar year. This Operating Plan must also include a proposed budget for the next fiscal year. The Town and the County must each approve, modify, or disapprove the Operating Plan no later than December 5th of each year. The Town Board reviewed the 2023 Operating Plan at its September 19th Joint Study Session with the Board of County Commissioners. Proposal: The 2023 Visit Estes Park Operating Plan is included in the packet. Action Recommended: N/A. Finance/Resource Impact: None. Level of Public Interest Medium Page 57 Sample Motion: I move for the approval/denial of the 2023 Visit Estes Park Operating Plan. Attachments: 1. 2023 Visit Estes Park Operating Plan Page 58 TABLE OF CONTENTS New Era for Visit Estes Park Letter from the Estes Park Mayor Letter from the Larimer County Commissioners Letter from the Visit Estes Park Board of Directors Introduction to Visit Estes Park Community Relations Community Services Paid Media Public Relations Content Development Social Media Finance & Administration Lodging Tax Extension www.VisitEstesPark.com 3 4 5 6 7-20 21-29 30-36 37-41 42-45 46-50 51-54 55-62 63-66 Attachment 1 Page 59 IT'S A NEW ERA FOR VISIT ESTES PARK. For generations, tourism has been the single most impactful economic driver in the Estes Valley. Through tourism, businesses flourish and job availability grows. Tourism also significantly contributes to the amenities our community enjoys year round and public safety that protects life and property in the Estes Valley. As this industry continues to thrive, Visit Estes Park has undertaken a significant shift in strategy and approach, to become stewards of our destination, while aligning with the shared values of our community and leveraging a data-driven approach to attract responsible, year-round visitation. Letter from the Mayor of Estes Park As a world-class destination, Estes Park's tourism-based economy is integral to the quality of life of our residents, the success of our local businesses, and the overall sustainability of our community's economy. Visitors support Estes Park by shopping at our businesses and paying local sales tax. This tax revenue accounts for a significant portion of the Town government's General Fund budget, and funds core services and amenities that our residents enjoy every day -like community parks, streets, trails and even police services. It also helps to keep our property tax rates exceptionally low. The Town's mission is to provide high-quality, reliable services for the benefit of our residents, guests and employees, while being good stewards of public resources and our natural setting. We simply could not fulfill our mission without the collaborative relationship we have with Visit Estes Park. Together with other area organizations, we strive to balance the needs of our community members who call this home with the needs of all of our guests. And together, we strive to be a preferred Colorado mountain destination providing an exceptional guest experience year-round. We look forward to another year of advancing our strong partnership with Visit Estes Park. Mayor Wendy Koenig Page 60 Letter from the Larimer County Board of County Commissioners Estes Park is one of several sought-out destinations for visitors to Northern Colorado and a favorite of Larimer County residents. As visitation to Estes Park continues to grow, the impact on natural resources and small town charm needs to be considered in order to conserve this area we all hold dear. It is also imperative to embody principles of equity, diversity and inclusion to make the destination welcoming for all. Visit Estes Park is facing these challenges head on, taking a community-first approach to responsible tourism and destination stewardship. We look forward to working closely with Visit Estes Park on these important initiatives in 2023 to help ensure that Estes Park remains a beautiful place to live and to visit for generations to come. J�h °'dduek-rn ctfa (jKristin Stephens Jody Shadduck-McNally Commissioner, District 1 County Commissioner, District 2 County Commissioner, District 3 Letter from the Visit Estes Park Board of Directors In the past year, under the leadership of Kara Franker working with her outstanding team, Visit Estes Park has evolved into a true destination management and marketing organization. A steadfast focus on the community and our natural resources drives responsible tourism strategies that support the year round economic vitality and sustainability of the area, as well as aims to maintain the quality of life that makes Estes Park such an incredible place to call home. We are at the forefront of how destination organizations think not just about their visitors, but also about partnerships with area organizations, residents and staff. Marketing strategies seek visitors who share community values while messaging focuses on how to visit responsibly. A special emphasis has been placed on late fall, winter and spring season visitation, while continuing to support the summer season. Partnerships with the Town of Estes Park, the Estes Park EDC and Estes Chamber of Commerce seek a balanced approach to destination stewardship, supporting initiatives that promote destination alignment, resilience and sustainable development. A reorganized staff is going out into the community to develop stronger relationships and partnering with community organizations working to make Estes Park a better place to live. This community-driven, holistic approach is helping to build a stronger foundation for our resident community. A strong foundation that will continue to benefit from the guests who choose to visit us year round while retaining our small town mountain charm and the beauty that surrounds us. Deborah Gibson Board Chair, Visit Estes Park Sean Jurgens Scott Webermeier McShan Walker Vice Chair Treasurer & Mayor Pro Tern Secretary Pat Murphy Rich Chiappe Jerusha Rice Director Director Director El Page 61 VISIT ESTES PARK OVERVIEW & PURPOSE Visit Estes Park, also known as the Estes Park Local Marketing District, is a legal entity formed under the Colorado State Statute (Title 29, Article 25) and funded by the 2% lodging tax, with oversight from a Board of Directors (7) appointed by Larimer County Commissioners (3) and Town of Estes Park Trustees (5). Our marketing task is to incrementally increase visitation and its economic benefits to add quality of life for the community. This calls for strategic and integrated marketing efforts founded on research, with a keen eye on travel trends. Visit Estes Park's work consists of efforts in Stakeholder Partnerships, Market Research, Destination Brand Strategy, Website and Digital Marketing, Collateral Development, Public Relations, Social Media, Advertising, Planning, and Direct Marketing and Sales. Visit Estes Park creates and manages destination marketing programs to raise awareness regionally, domestically and internationally for Colorado's Original Playground, offering nearly endless opportunities for guests of all ages, ability levels and backgrounds the chance to explore the Rocky Mountains year round. Destination stewardship is an integral part of our approach to destination marketing. Our work focuses on the social, economic and environmental pillars of sustainability in order to make a positive impact in our community and encourage a guest experience where mindfulness and respect are top priorities. Mission Visit Estes Park nurtures visitor reverence of this vibrant mountain town for business success, environmental sustainability and community harmony. Vision To be a year-round, family-friendly tourism and event destination that supports our vibrant mountain town with a balance of financial success, positive and memorable experiences for guests and a meaningful quality of life for our community. Page 62 VISIT ESTES PARK STAFF ■ 111 � � ...... 1111m11■ m Page 63 INTRODUCTION: THE FUTURE OF OUR COMMUNITY The year 2021 was marked by recovery and growth for the Estes Valley. As the country entered a post-pandemic era, the destination experienced heightened interest in mountain getaways offering outdoor adventure. Due to pent up demand for travel, the growing ability to work remotely and Estes Park's proximity to Rocky Mountain National Park, consumers were ready to explore. They responded with increased spend and length of stay. In 2022, despite national economic challenges, Estes Park has experienced increased revenues compared to pre-pandemic levels. With this level of growth, Visit Estes Park has committed to placing a greater emphasis on sustainability education and diversifying visitor markets and seasonality, while continuing to support our busy season. This will help conserve our natural resources and small town charm, while aligning with the town's guiding principles. Our operating plan showcases how the organization will focus on destination management and responsible tourism through community collaboration, strategic planning and always-on, year-round efforts. YEP BRAND ATTRIBUTES Community Sustainable Educational Inclusive & Oriented Accessible We support and We embody We educate guests We strive to foster relationships sustainability and about how to welcome all to with local empower guests to experience Estes Colorado's Original businesses, leaders do the same. This is Park and the Playground and and community key to preserving surrounding public emphasize that members while the natural beauty lands so they have everyone can identifying new that surrounds us. the best experience experience and opportunities for while maintaining thrive in the great innovation and the charm of our outdoors. collaboration. local community and natural environment. Data-driven We make decisions based on data to sustainably attract guests and proactively adjust our strategies to positively support our community. 12 Page 64 MESSAGING FOR AN EVOLVING TRAVEL LANDSCAPE Here in Estes Park, visitors and residents share a common goal for an uncommon land. We treat our guests as we do our neighbors, just as we ask them to treat the local wildlife: with awareness and appreciation. Together, we are supporting our community. Promoting sustainability. And focusing on social, economic and environmental impacts. Because if we take care of this beautiful place that has drawn us together, we can continue to to honor what brought us here. DECIDING FACTORS As potential guests decide where to visit, we position Estes Park as an authentic, vibrant mountain town, offering activities, dining, shopping and an experience that is welcoming and approachable. Estes Park is affordable to families and offers a multitude of activities in every season, while also offering a basecamp to world-class adventure and outdoor experiences. STRATEGIC PLANNING FRAMEWORK Visit Estes Park is developing a strategic plan to prepare the organization to deliver a high quality of service to the community, work with stakeholders to create a resilient and stable economy, and collaborate with locals to instill a shared sense of pride and ownership. To obtain its renewed vision, the Visit Estes Park will: •Reform and strengthen community relationships to nurture our sense of place •Develop and deploy visitor management information tools •Prepare board members with context and justification for future investments and organization direction • Guide placemaking and product development decisions •Provide metrics for understanding progress and measuring accomplishments & impact Page 65 VISITOR TARGETING In 2023, Visit Estes Park will continue relationships with companies including Destination Analysts, Epsilon and TripAdvisor to obtain deep, comprehensive and actionable insights about visitors on a regular basis. These partners utilize products that track gee-location data and spending, to ensure we are marketing to visitors who will provide the highest return on our investments. MESSAGING KEY POINTS Outdoor Experiences Year-round Affordability Easy Access whether driving or flying into Denver Equity, Diversity & Inclusion Estes is a place for all Unique Local Offerings Sustainability­ focused Travel Page 66 Target Audiences •Estes Park loyalists who have traveled to the destination in the past •Active adults, outdoorsy couples and outdoor enthusiasts •Couples looking for a romantic getaway •Multigenerational travelers visiting as a family, grandparents •Meeting planners •Travel advisors •Travelers celebrating milestones •Digital Nomads Demographics •Demographic: AD25-54 with an emphasis on 49+ •Household Income: $1 00K+ Interests: Scenic Beauty, Relaxing Mountain Getaway, Mountain Biking and Hiking, Outdoor Adventure/ Enthusiast, Backpacking, Trails, National Parks, Road Trips, Craft Beer, Romantic Getaways, Family Friendly Geographic Focus San Francisco Colorado: Denver, Colorado Springs, Fort Collins, Boulder, Loveland, Longmont, Greeley Los Angeles Dallas-Fort Worth DMA Houston DMA ------------- Kansas City Omaha Chicago --• Orlando --• Tampa Miami Ft Lauderdale Page 67 ECONOMIC OUTLOOK We are closely monitoring visitor volume, spending and the recovery timeline for domestic and international leisure travel, as well as professional meetings & events. This includes consistently reviewing national and regional data on the state of the industry, consumer confidence and the impact of inflation on consumer spending. We will also continuously meet with local stakeholders to understand their business levels and needs. With this information in hand, we will frequently reoptimize and recalibrate our campaigns and strategies based on findings. KEY ORGANIZATIONAL GOALS COMMUNITY RELATIONS & SERVICES •Help extend the season to become a year-round destination •Continue to build community relations to establish trust and increased engagement •Provide tools for partners to promote their business •Bring qualified groups to Estes Park with an emphasis on fall, winter and spring months _, t,,, I I ' •Work with partners on bringing international travelers to Estes Park '•:\',I{'" . . ".\i ····•�-.,• '"jj ' ' . . D ·�-_··· '. ,. �-.•, .. ,,:i.11.1� ,, ', *,. .�-., , '.•· .... ' , , -.:-r I ·, . t, \ \ .. "-�­-v�-:-' ... �.-; Page 68 COMMUNITY RELATIONS Demonstrate Visit Estes Park's transition to a destination marketing and management organization focused on sustainability. m Page 69 STRATEGY 0 Collaborate with the Town of Estes Park to implement adopted recommendations from the Environmental & Sustainability Taskforce report that are relevant to Visit Estes Park. C, Contribute to a strong community foundation through an evolved sponsorship program. TACTICS •Senior Manager of Community Relations & Sustainability to act as liaison between the Town of Estes Park and Visit Estes Park staff to ensure execution of relevant projects. •Broaden event and project sponsorship financial support to include equity, diversity, inclusion and sustainability initiatives. •Focus event sponsorships on events that extend the season, occurring November through April. Community Relations Develop, nurture and improve community relations. Page 70 STRATEGY 0 Develop the Community Outreach Program into a robust, effective vehicle for dialogue, information sharing and collaboration between the community and Visit Estes Park. C, Create a multi-outlet communications plan to provide regular updates and resources for the community. STRATEGY C9 Partner with area organizations on projects. In cases where we can lend our expertise, provide resources or leverage our outlets to assist an organization that aligns with our mission to drive economic growth and improve quality of life for our community. E)Develop an event series to celebrate the community. TACTICS •Define objectives that align with organizational goals and communication initiatives for use in outreach. •Continue to build relationships through ongoing interaction. •Build an editorial calendar that highlights shared community values in the context of Visit Estes Park's policies, programs and marketing campaigns interweaving sustainability education. •Utilize e-newsletters, the partners page on VisitEstesPark.com, the Visit Estes Park Partners Facebook Group, press releases, editorials and Linkedln to connect with the community. Community Relations TACTICS •Evaluate and accept partnerships as requested and as appropriate. •Determine how Visit Estes Park can support the community while creating Estes Inspired experiences. •Plan at least one Estes Inspired experience. Community Relations Page 71 ·--·•_..__ Contribute to an equitable, diverse, inclusive and sustainable community. '"''-�-.- STRATEGY 0 Support the work of the internal Equity, Diversity, Inclusion and Sustainability Task Force. G)Integrate messages of equity, diversity, inclusion and sustainability at all levels of guest communications to encourage responsible tourism. .. .----... ,_..- ·•· · TACTICS .. � .. .-. -, � •Create an EDI-S section on VisitEstesPark.com that includes sustainability and EDI content, accessible from the main navigation. •Finalize a pledge/statement on Visit Estes Park's commitment to EDI and sustainability to fill the landing page. On dedicated sub-pages: o Create a robust page of resources, biogs, events, festivals and tours that support EDI as well as a listing of businesses owned by marginalized communities. o Create a responsible tourism page that includes the PSNKnow Before You Go videos as well as resources, biogs, a list of green businesses and other helpful information to "do Estes Right" while visiting. •Present Estes Park as a welcoming destination across all channels. •Communicate sustainable and responsible travel expectations to guests. •Distribute materials and resources ahead of special heritage events for use in local businesses to signify to guests that they are welcome. •Continue to recognize indigenous populations who were the original inhabitants of the land we hold dear. Community Relations Page 72 STRATEGY (9 Emphasize the importance of equity, diversity, inclusion and sustainability within the community. E)Take action within Visit Estes Park to make positive changes within the organization while joining others to lead by example within the community. TACTICS •Share performance data on VEP content to demonstrate the importance of EDI-S messaging to the community to encourage action by stakeholders. •Collaborate with like-minded organizations to support and amplify efforts already undertaken in the community. •Foster projects that make it easier for people to be less wasteful. •Support new bike lanes and walking paths. •Provide equity across communications through Spanish translations of key stakeholder and guest messaging, as well as support Hispanic-led events and find avenues to connect in a more impactful way. •Complete an audit of Visit Estes Park policies within the context of EDI-S. Recommend updates and changes as needed. •Complete the Global Sustainable Tourism Council's Destination Assessment. •Evaluate Mountain IDEAL standard certification and the Global Sustainable Tourism Council certification program to determine which to pursue, then start the conversation with key partners. •Staff to implement takeaways from Destinations lnternational's EDI Leadership Program. •Utilize Destination lnternational's EDI assessment tool to obtain standards and metrics for our organization. Community Relations COMMUNITY SERVICES Page 73 ·--·•_..__ Provide opportunities for tourism businesses to reach guests across all markets. '"''-�-.- STRATEGY 0 Promote Estes Park to meeting planners to attract off-season and mid-week stays, passing on resulting RFPs to appropriate businesses. Q Increase inventory available to international travel trade tour operators. .... :.----- .. , .... �• -.. � .. .-. -, � TACTICS •Attend trade shows with planners who have Colorado­ based RFPs. •Offer tours and site visits for event and travel planners. •Focus on markets that are a good fit for Estes Park: religious, family reunions, weddings and Colorado-based corporations/ associations. •Increase stakeholder awareness through community outreach and education to encourage working with travel agents. •Provide multi-day itineraries to tour operators about Estes Park to extend their stay. •Attend industry conferences to renew travel industry relationships and connect with travel buyers from around the world. Community Services Page 74 STRATEGY C9 Provide digital advertising platforms for tourism businesses to reach leisure travelers through VisitEstesPark.com and the Facebook Social Co-Op program. E)Create educational opportunities for tourism businesses to better leverage Visit Estes Park resources. Provide education and resources that support business operations, advocacy and responsible tourism to stakeholders. STRATEGY 0 Provide advocacy and responsible tourism resources to stakeholders. TACTICS •Engage Destination Travel Network (DTN) to manage website listings and display ad sales for VisitEstesPark.com. •Reintroduce the Facebook Social Co-Op program. •Communicate opportunities through the Community Services Guide, Outreach Program and Partners Facebook Group. •Facilitate a DTN digital marketing 101 webinar. •Create and distribute the Community Services Guide. •Offer ongoing OLIVE extranet training. Community Services TACTICS •Create a "know before you go" logo and webpage on VisitEstesPark.com. Businesses can place the logo in digital materials, linking to the webpage for the most up to date information on seasonal information for guests. •Make social media toolkits from leading organizations available, such as the U.S. Travel Association, Destinations International and Care for Colorado. •Provide talking points for tourism businesses and residents: o In support of tourism o On responsible tourism and the community Community Services Page 75 Extend the season November through April to support local businesses in their effort to stay open year-round and retain employees invested in their business. STRATEGY 0 Leverage and support new and existing events. TACTICS •Investigate ways to augment the tree lighting ceremony and Catch the Glow Parade. •Determine whether to encourage the adoption of a Snowshoe Festival and snowshoeing as a main winter attraction from January through March. •Explore a Candyland theme for the month of February to support the Wine & Chocolate Festival. •Promote distilleries and breweries throughout the month of March to extend festivities around Whiskey Warm Up. •Encourage stakeholders to create promotions, themed events and specials around Bigfoot Days to occur throughout the month of April. Community Services KEY ORGANIZATIONAL GOALS MARKETING & COMMUN/CA T/ONS •Generate 300 million paid and earned media impressions •Exceed 6 million organic social media impressions •Drive 2 million visits to VisitEstesPark.com •Deliver 400,000 referrals to lodging partner booking engines and websites Page 76 Maximize Analytics & Data Optimization STRATEGY 0 Build strategy and tactics on robust analytics leveraging data to optimize efforts. PAID MEDIA TACTICS •Reach the right audience, at the right time, with the right message through sophisticated targeting and retargeting to showcase additional messages to the highest potential visitors. •Optimize digital messaging and delivery using analytical tools to maximize performance and goal conversions that deliver on Key Performance Indicators (KPls). •Test different creative messages to different audience segments within digital and paid social to understand nuances and responsiveness, which showcases the most engaging messaging. Paid Media Page 77 Maximize flight channels to optimize media plans STRATEGY 0 Flight each media channel specific to the media usage habits of each audience segment. Increase destination demand in all market segments, specifically during need periods STRATEGY 0 Generate an increase in demand for overnight lodging stays by driving intent to visit Estes Park, especially on fall weekdays, as well as winter and spring. TACTICS •Reach consumers most likely to visit through use of effective media partnerships. •Use media delivering measurable results and monitor key performance metrics. •Focus budget on measures and added value must-haves. •Maintain paid social media throughout the year to continue consumer conversations and promote year-round offerings. Paid Media TACTICS •Connect with potential visitors through mass reach and niche targeting to ensure we fully encompass all key audiences. •Continually optimize campaigns based on data and analytics. •Showcase ease of access from Denver International Airport (DEN) to Estes Park to flight markets. •Utilize analytics and regional partnerships to identify emerging markets. Paid Media Page 78 Leverage marketing assets to target audiences STRATEGY 0 Leverage video and image assets to deliver inspirational storytelling, which creates emotional connections and increases aspirational desire among travelers. TACTICS •Engage potential visitors through dynamic visual storytelling. •Integrate video assets into cross-channel units maximizing views and increasing click-throughs. •Refresh video assets by utilizing the in-house photographer to create new pieces. •Present Visit Estes Park as Colorado's Original Playground offering activities accessible to all ages and abilities, in all seasons. Paid Media PUBLIC RELATIONS m Page 79 Earn coverage positioning Estes Park as Colorado's Original Playground, a sustainable recreation destination accessible to all. STRATEGY 0 Communicate and emphasize all there is to see and do in Estes outside of Rocky Mountain National Park, including locally owned shops you won't find anywhere else, world-class attractions, food for every taste and superb recreational opportunities. Increase national brand awareness of Estes Park. STRATEGY 0 Leverage national travel trends to increase national brand awareness. E)Create newsworthy communications of Estes Park's seasonal offerings to drive year-round media interest and coverage. TACTICS •Host press trips and attend media marketplaces to develop and strengthen media relationships •Write and distribute seasonal "what's new" press releases •Supply destination information to TURNER PR for inclusion in monthly pitching and press releases, highlighting offerings that are unique to Estes Park •Respond to Colorado Tourism Office information requests •Continue to update the online newsroom and press kit collateral to meet journalist needs, including photo/video •Measure success by evaluating earned coverage against PR goals designed to support marketing goals and increase overall brand awareness •Track terms of percentage of total earned coverage, impressions and ad value Public Relations TACTICS •Supply destination information to TURNER for inclusion in monthly pitching and press releases •Attend media marketplaces to connect with publications reaching our target audiences •Respond to Colorado Tourism Office information requests with relevant, newsworthy information •Develop engaging, personalized itineraries for individual press visits to facilitate authentic, firsthand stories •Optimize and fully leverage destination news and messaging strategies through integration and alignment with editorial content •Create content for news, pitches and editorials across audiences, including media, to maximize message reach, boost awareness and create synergy among VEP communications platforms and media outreach initiatives Public Relations Page 80 Increase international brand awareness of Estes Park. STRATEGY 0 Leverage Colorado Tourism Office partnerships to increase brand awareness on an international level. TACTICS •Develop a deeper understanding of Estes Park's top international markets and what inspires them to visit the destination •Respond to requests for information with curated information to suit international publications •Attend media missions reaching target international markets •Participate in press trips arranged by the Colorado Tourism Office to provide international journalists with firsthand experiences in the destination Public Relations CONTENT DEVELOPMENT Page 81 Storytelling Use storytelling to showcase the range of activities and businesses offered in Colorado's Original Playground and educate guests on how to do Estes Park right. STRATEGY 0 Develop, curate and promote world-class content through dynamic and diverse storytelling Storytelling Use storytelling to showcase the range of activities and businesses offered in Colorado's Original Playground and educate guests on how to do Estes Park right. STRATEGY 0 Develop, curate and promote world-class content through dynamic and diverse storytelling TACTICS •Maintain and expand a robust content library to generate affinity for the destination, highlight distinctive brand attributes and evoke an emotional connection with the consumer. •Develop creative assets that integrate with paid media campaigns and keep the traveler engaged on VisitEstesPark.com. •Draw on data from SimpleView, Google Analytics and the expertise of agency partners to determine editorial coverage based on consumer interest, news value and search trends. •Work with in-house and local freelance contributors to develop written and visual content with destination authority to present Visit Estes Park as the experts on the area. Content Development TACTICS (CONT'D) •Procure, create and integrate high-quality visual content including video, live broadcast, lnstagram stories and photos with high shareability and engagement across all digital platforms. •Deepen collection of social-friendly and engaging static visual content including drone photography, plus new editorial photography and video. •Use video to give visitors a more personal connection with the destination. •Showcase the variety of winter experiences and events to push visitation during winter months. •Highlight businesses implementing green practices to attract environmentally conscious guests. Content Development Page 82 Boost Engagement Develop strategic content to boost engagement and visitation. STRATEGY 0 Optimize the online experience for VisitEstesPark.com and social media channels to educate and inspire all audiences. Build visitor intent to travel through strategic outreach STRATEGY 0 Optimize an online outreach program that leverages email newsletters to consumers. TACTICS •Drive advertising and social communications to VisitEstesPark.com content and landing pages and measure lodging referrals to stakeholder booking engines and websites. •Create and maintain an all-encompassing editorial calendar and revise the VisitEstesPark.com homepage to be the perfect landing page for digital visitors, creating a launching point for inspiration, education and booking Estes Park travel. •Analyze data research to implement technical and content recommendations from SimpleView's Search Engine Optimization team. •Employ search optimization, including keyword research and best practices for new content pages. •Engage web users with content balancing practical destination insight and resources with more aspirational content. Content Development TACTICS •Build the e-newsletter subscriber database, grow click-through and open rates and engage new subscribers. •Leverage content to educate those who have already decided to travel to Estes, as well as to inspire those who may have not booked yet. •Use the most updated technology that integrates into our website efficiently and effectively. •Create targeted emails based on demographic, interests and where they are in their visitor journey. •Use the Visitor Center Kiosk to capture guests' emails and interests so we can continue the relationship. Content Development Page 83 Boost engagement to maximize reach across all social channels. STRATEGY 0 Use key social media channels to drive awareness and create engagement with traveling consumers. SOCIAL MEDIA TACTICS •Continue building a highly engaged community of followers by communicating regularly with them to influence and promote Visit Estes Park's lnstagram, Facebook, Twitter, TikTok and Linkedln accounts. •Utilize innovative social media features to give first hand experiences of local businesses and the town in general. •Provide authentic and realistic messaging and content on social media channels. •Highlight the Visit Estes Park team and board along with key stakeholders and their efforts on business­ focused channels like Linkedln. •Use paid social media to reach our target markets and demographics by lifestyle preferences, expand the reach of marketing campaigns and generate awareness for destination events. Social Media m Page 84 Boost engagement to maximize reach across all social channels. STRATEGY 0 Use key social media channels to drive awareness and create engagement with traveling consumers. TACTICS (CONT'D) •Highlight influencer content and other user generated content through CrowdRiff for travel-inspired stories from the eyes of the visitor. •Leverage social media channels as video distribution platforms. •Evaluate other emerging social tools and Over The Top media (OTT) technologies (Smart TVs, Internet TV and streaming) to further expand Estes Park brand awareness. •Further amplify reach through industry partner mobilization, including business stakeholders, brand enthusiasts and a proud community willing to link to VisitEstesPark.com or share Visit Estes Park's social and multimedia messages and assets. •Extend signature event experiences through lasting social media coverage in the winter months. Social Media KEY ORGANIZATIONAL GOALS FINANCE & ADMIN/STRA TION •Ensure compliance with all financial and budgetary requirements •Strive to provide employees a satisfying and productive work environment •Ensure equipment, technology and facilities meet the needs of the organization •Empower the organization with the data knowledge necessary to make informed decisions •Maintain a budget framework with transparency and accountability Page 85 Ensure Visit Estes Park complies with all financial and budgetary requirements by adhering to GASS (Governmental Accounting Standards Board) and OMO (Destination Marketing Organization) best practices. STRATEGY 0 Manage all financial and budgetary workflows in a timely manner to provide reliable financial data. FINANCE & ADMINISTRATION TACTICS •Maintain compliance with all Colorado Open Records Act requirements. 11 •Produce and distribute an annual Visit Estes Park budget that reflects the strategic and tactical needs of the organization. •Produce timely and accurate organizational financial statements for board & management review, allowing for actionable decisions based on economic trends. •Complete the Accreditation Renewal process through Destinations International. Finance & Administration Page 86 Provide management of all human resource functions to ensure a satisfying and productive work environment. STRATEGY 0 Utilize human resources best practices across the organization. Manage all administrative and operational aspects to ensure equipment, technology and facilities meet the needs of Visit Estes Park. STRATEGY 0 Collaborate with all departments to deliver highly effective support services. TACTICS •Provide employees with training opportunities that are relevant to the needs of the organization. •Foster and grow in-house talent. •Encourage professional development for all employees. •Coordinate a Strategic Planning Retreat for employees. Finance & Administration TACTICS •Upgrade technology equipment and software as necessary to assist productivity and capabilities. •Research and implement methods of reducing administrative burden. •Foster talent by embracing technology and work trends. Finance & Administration Page 87 Empower the organization with the data knowledge necessary to make informed decisions. STRATEGY 0 Provide reliable research and data services to staff and stakeholders. Maintain a budget framework with transparency and accountability in accordance with Governmental Accounting Standards Board (GASB) and industry standards. STRATEGY 0 Provide relevant budget definitions that reflect the needs of Visit Estes Park. TACTICS •Deliver research and intelligence support for Visit Estes Park staff to ensure the full spectrum of visitor industry information can be utilized. •Work with Destination Analysts to present tax data in various ways on their dashboard system. •Assess competitive positioning in the Rocky Mountain region, general tourism trends and emerging markets. Finance & Administration TACTICS •Work with all departments to identify organization budgetary needs. •Create flexibility to expand budget detail in future years as needed. •Provide budget information to the State of Colorado as required on an annual basis. Finance & Administration Page 88 $4,000,000 $3,000,000 $2,000,000 $1,000,000 $0 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 $0 $3,150,000 District Tax Fund 2% lodging tax on stays less than 30 days in the District boundary Personnel Expenses Web Listing Sales Income from Paid placement on Visitestespark.com $2,156,625 Program Expenses $600 Investment Interest Interest from reserves $172,530 Indirect Expenses m Page 89 LODGING TAX EXTENSION LODGING TAX EXTENSION HISTORY & FRAMEWORK In March 2022, House Bill 22-1117 was signed into law, allowing the expanded use of local lodging tax revenue to address gaps in the need for workforce housing and childcare. The bill offered a consistent and meaningfully-sized funding mechanism for workforce housing and childcare, which until then had been a significant barrier to addressing these issues. For the legislation to be applicable to the local community, a ballot initiative would have to be introduced asking voters in the local marketing district to decide whether to authorize the use of new or existing lodging tax revenue for investments in workforce housing and childcare. At the time of publication, a six-week Lodging Tax Exploration task force had concluded. After taking into consideration the recommendations of the Task Force, discussions with community members and a significant amount of research, the Visit Estes Park Board of Directors recommended the following: •To pursue a 3.5% increase over the current lodging tax by executing a ballot initiative in November 2022. •To use funds for both workforce housing and childcare and that the allocation of funds should be administered by the Town of Estes Park. Additionally, the Board acknowledges that the Town of Estes Park is developing a strategic plan as part of the 2022 housing needs assessment and supports their intent to use it to build a plan for the utilization of these funds. Page 90 LODGING TAX EXTENSION LODGING TAX EXTENSION GOALS: IF IT PASSES Should the lodging tax extension ballot initiative pass, Visit Estes Park will act as the fiscal agent in the collection of the additional lodging tax, passing the funds to the Town of Estes Park for administration and allocation. Lodging Tax Extension Should the lodging tax ballot initiative pass, our goals will be: 1. Create informative content championing the economics of the tourism industry and its impact on the local community. 2. Create a transparent funding passthrough mechanism, so that the 3.5% in additional lodging tax revenue goes to the Town for oversight and dispersement. 3.Communicate with the community via public relations why tourism is important and how it directly impacts the workforce and childcare. 4. Collaborate with state and regional tourism partners on communications efforts. 5. Recruit a team of ambassadors through Visit Estes Park's community outreach program who can further reach and educate the community. Lodging Tax Extension Page 91 www.VisitEstesPark.com Page 92 EVENTS & VISITOR SERVICES Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Rob Hinkle, Events and Visitor Services Director Date: October 11, 2022 RE: Resolution 84-22: Memorandum of Understanding with the Rocky Mountain Conservancy regarding Shared Workspace at the Visitor Center. (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: To approve a Memorandum of Understanding by and between the Town of Estes Park and the Rocky Mountain Conservancy. Present Situation: The Visitor Center has been a key focal point for tourists coming into Estes Park for many years. The location makes it an easy stop for tourists to get information and of course to utilize the restrooms. As other visitor centers around the country have integrated technology to develop fun, informational and educational type exhibits/retail spaces, the Estes Park Visitor Center has been operating the same for many years. We feel that it is time to start making changes that will enhance the visitor experience. Proposal: To pursue this enhanced experience, the Rocky Mountain Conservancy (RMC), Visit Estes Park (VEP) and the Town have conducted some meetings on pursuing a partnership at the Visitor Center. We have explored opportunities for RMC to be involved in the daily operations. This would include the RMC having an educational hub and “Nature Store” in the Visitor Center. Advantages: The partnership with the RMC could fill an important niche in providing information and products related to Rocky Mountain National Park by utilizing the current excess space in the lobby to improve customer service. Page 93 Visitor Services receives a significant number of inquiries from guests about Rocky Mountain National Park. Having RMC staff on site who are qualified to answer park related questions is a significant benefit to the Visitor Center guests. The Town’s Visitor Center Sales policy identifies the RMC as an approved vendor for products sold on site. Products sold from the Nature Store would directly support Rocky Mountain National Park but the RMC would also return a percentage of sales to the Visitor Center for needed improvements. The partnership will also include RMC educational programming. The Visitor Center could become an educational hub for the RMC with the RMC educational staff officing upstairs. Disadvantages: The Town will be giving the RMC space to utilize for their Nature Store and possible future offices. However, it is space that has not been used effectively currently and staff would like to enhance guest experience in the Visitor Center. Action Recommended: Town Board to approve the Memorandum of Understanding between the Town of Estes Park and Rocky Mountain Conservancy. Finance/Resource Impact: Profits from the Conservancy resulting from product sales will be returned to the Town in the form of aid to be used for enhancement of the interpretive, educational and visitor services at the site. This sum will not be less than 5% of the gross sales and will be obligated annually, with the annual amount being based on prior year’s sales. Level of Public Interest Minimal Public Interest Sample Motion: I move for the approval Resolution 84-22. Attachments: 1. Resolution 84-22 2. Memorandum of Understanding between the Town of Estes Park and Rocky Mountain Conservancy regarding Shared Workspace at the Visitor Center Page 94 RESOLUTION 84-22 APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE ROCKY MOUNTAIN CONSERVANCY REGARDING SHARED WORKSPACE AT THE VISITOR CENTER WHEREAS, the Town Board wishes to enter the memorandum of understanding referenced in the title of this resolution for the purpose of enhancing visitor experience, with Rocky Mountain Conservancy providing an educational hub and “Nature Store” at the Visitor Center. 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 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: Special Counsel Attachment 1 Page 95 Page 1 of 10 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding Regarding Provision and Use of Shared Workspace (“MOU”) is made and entered into by and between THE TOWN OF ESTES PARK (“Town”), a Colorado municipal corporation and ROCKY MOUNTAIN CONSERVANCY, (“Conservancy”), a Colorado non-profit corporation. PURPOSE This Memorandum of Understanding (MOU) defines a means of enhancing information services to the traveling public in Colorado, by collocating staff and resources of two public service organizations with mutual interests in a single location. By joining efforts at the Estes Park Visitor Center, both organizations will better achieve their respective missions by reaching more visitors than they have individually, prior to this MOU. Visitors, in turn, will benefit from the arrangement by more efficient use of vacation time, increased access to comprehensive, current travel-related information, educational classes, exhibitry, materials, and mission-tied merchandise unique to Rocky Mountain Conservancy. Attachment 2 Page 96 Page 2 of 10 Section 1. JOINT PROCEDURES 1.1 The Rocky Mountain Conservancy and the Town of Estes Park shall jointly provide staffing to greet visitors and orient them to the Town of Estes Park Visitor Center and the Rocky Mountain National Park area community. Both organizations agree to actively promote the other’s mission and programs in meeting the public’s expectation of service. 1.2 Visitor services at the Town of Estes Park Visitor Center Information Desk will be performed by employees and volunteers of the Town of Estes Park on a schedule to be defined and adjusted as needed during the first year of the effective period of this MOU and at the start of each successive calendar year. Visitor services at the sales counter at the Rocky Mountain Conservancy bookstore sales desk at the Town of Estes Park Visitor Center will be performed by employees of the Rocky Mountain Conservancy, again on a schedule to be defined and adjusted as needed during the first year of the effective period of this MOU and at the start of each successive calendar year. 1.3 Both parties to this MOU shall share expertise regarding such items as local and regional tourism-related attractions and resources, special public events, weather forecasts, highway condition reports, current lodging and campground status conditions, directions to and features of historic heritage sites, and other related information for benefit to the visiting public, including those who may contact the staff in person, by telephone, or through e-mail or conventional mail. 1.4 Both parties agree that no financial appropriations are implied or obligated by this Memorandum of Understanding. The Rocky Mountain Conservancy is expected to provide internal organizational support adequate to meet the scope of their individual responsibilities under this Memorandum of Understanding on a calendar year basis. 1.5 Both parties agree to conduct their typical activities and utilize their own fundamental resources, including funding, in carrying out the procedures defined herein, with an emphasis on coordination of efforts for mutual organizational benefit and enhanced public service. 1.6 Both parties may propose the use of the other’s name and organizational identifier on billboards, posters, signs, fliers, mailings, brochures, and other forms of printed and electronic media designed to inform the public and identify the parties as having a mutual interest in public service. Use of the Rocky Mountain Conservancy logo and related identifiers is controlled but encouraged; guidance and technical standards for its applications can be determined in consultation with the Conservancy’s staff. Page 97 Page 3 of 10 Section 2. INDIVIDUAL PROCEDURES 2.1 The Town of Estes Park shall provide the following services and facilities for continuous use by the Rocky Mountain Conservancy during the effective period of this MOU: ● Secure retail space for use by the Conservancy that is visible and accessible to the public; ● Secure storage space for brochures and similar printed media publications; ● Standard electrical, telephone, and internet services as well as space for office equipment such as a copier, printer, and facsimile machine, and cash register/POS system; ● Access to the Estes Park Visitor Center for seasonal public hours of operation as well as occasional after hours for meetings, special events, and tours of the Visitor Center by prior arrangement with the Town of Estes Park. 2.2 The Conservancy agrees to maintain continuous communication with the Town of Estes Park regarding Estes Park Visitor Center and Conservancy staff availability or unavailability to perform duties so that overall staffing can be adjusted accordingly to complement seasonal needs, visitation patterns, and special events. 2.3 Visitor safety is paramount in the operation of the Estes Park Visitor Center and its various public programs. Both parties agree to abide by and implement the recommendations and official decisions of the Town of Estes Park that result from periodic safety inspections of the premises. 2.4 The Conservancy shall pay the Town at least five percent (5%) of the gross revenues resulting from product sales at the Estes Park Visitor Center. The Town’s intent is to use these funds for enhancement of the interpretive, educational and visitor services at the site. This sum must be at least a proportion consistent with the amount the Conservancy pays its other partners in similar relationships. The Conservancy shall budget and obligate this financial support annually, with the annual amount being based on the prior year’s sales plus a reasonable inflationary factor. The Town will annually submit a request to the Conservancy detailing the intended use of that year’s payment, and thereupon the Conservancy shall promptly pay the Town in full or if the Town so requests, Conservancy shall retain the payment until such time as the Town requests payment. Page 98 Page 4 of 10 Section 3. INSURANCE 3.1 Conservancy shall, at its own costs, secure and continuously maintain through the term of this MOU the minimum insurance coverages listed below, with forms and insurers acceptable to Town. In addition, Conservancy shall maintain such coverages for the insurance listed in paragraphs 3.1.1, 3.1.2, and 3.1.3 below for two additional years. For any claims-made policy, Conservancy shall include the necessary retroactive dates and extended reporting periods to maintain continuous coverage. 3.1.1 Workers' Compensation according to the Workers' Compensation Act of the State of Colorado and Employer's Liability with limits of at least $500,000. Conservancy shall require any subcontractor hired by the Conservancy to carry Workers’ Compensation and Employer’s Liability coverage. 3.1.2 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. 3.1.3 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 Conservancy’s owned, hired or non-owned vehicles assigned to or used in performance of this MOU. 3.2 The required general liability and comprehensive automobile liability policies shall contain endorsements to include Town and its officers and employees as additional insureds. The 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 Conservancy. 3.3 Conservancy shall, upon request, provide Town a certified copy of each required policy. 3.4 As evidence of the insurance coverages required by this Contract, before beginning collocation under this MOU, Conservancy shall furnish certificates of insurance certifying that at least the minimum coverages required here are in effect and specifying the liability coverages are written on an occurrence form to: Town of Estes Park 170 MacGregor Avenue PO Box 1200 Estes Park, CO 80517 Attention: Rob Hinkle Page 99 Page 5 of 10 3.5 With the exception of the 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 MOU. 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 Conservancy 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 Conservancy, its officers, employees, agents, subcontractors, or business invitees. They shall be written as primary policies not contributing to and not in excess of coverage the Town may carry. 3.6 Conservancy shall not cancel, change, or fail to renew required insurance coverages. Conservancy 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 MOU. 3.7 The Town relies on, and does not waive or intend to waive, by any provision of this MOU, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, § 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to the parties, their officers, or their employees. 3.8 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 collocation 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. 3.9 Conservancy shall not cancel, non-renew or cause insurance to be materially changed or replaced by another policy without prior approval by Town. Page 100 Page 6 of 10 Section 4. INDEMNIFICATION 4.1 Conservancy 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 its activities, acts, or omissions conducted under this MOU. 4.2 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. 4.3 As part of this indemnity obligation, the Conservancy 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. 4.4 INDEPENDENT ENTITY: Conservancy shall undertake its activities under this Agreement as an independent entity, and not as an agent or employee of Town. No employee or official of Town shall supervise Conservancy. Conservancy shall exercise no supervision over any employee or official of Town. Conservancy shall not represent that it is an employee or agent of the Town in any capacity. Conservancy’s officers, employees and agents are not entitled to Workers' Compensation benefits from the Town, and Conservancy is obligated to pay any applicable federal and state income tax on money earned undertaking the activities described in this Agreement, noting the Conservancy’s nonprofit status. Except as this Agreement provides, Conservancy shall, at its sole expense, supply all equipment and materials, machinery, tools, superintendence, personnel, insurance and other accessories necessary. This Agreement is not exclusive; Town and Conservancy may each contract with other parties. Town and Conservancy are independent parties and not joint venturers. Page 101 Page 7 of 10 Section 5. MISCELLANEOUS 5.1 APPLICABLE LAW: Both parties agree to comply with all 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, as applicable) and all orders and decrees of bodies or tribunals applicable to work under this MOU. Conservancy 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 Conservancy follows the safety regulations issued by OSHA. 5.2 PERMITS AND LICENSES: The Conservancy shall secure all permits and licenses, pay all charges, files, and taxes, and give all notices necessary and incidental to the lawful prosecution of the activities it conducts under or incidental to this MOU. Anyone conducting business in the Town of Estes Park is required to have a business license which can be obtained from the Town Clerk’s Office. 5.3 ADDRESSING UNRESOLVED ISSUES: Any issue of dispute or unresolved differences between the parties to this Memorandum of Understanding shall be referred to the Executive Director of the Conservancy and the Town Administrator of the Town of Estes Park for resolution. 5.4 REVIEW OF PROCEDURES: This Memorandum of Understanding shall be jointly reviewed by the parties three months prior to end of the original term and any subsequent term, at which time any extensions or amendments may be discussed. 5.5 RENEGOTIATION: Both parties hereto shall retain the right to renegotiate this Memorandum of Understanding when internal or unforeseen circumstances create the need for renegotiation. A thirty-day notice shall be provided by the party requesting renegotiation to the other party. 5.6 RIGHT TO TERMINATE: Both parties hereto shall retain the right to unilaterally terminate this Memorandum of Understanding upon thirty days’ written notice to the other party. 5.7 AMENDMENTS: Either party may request amendments to this Memorandum of Understanding. Any mutually agreed changes, modifications, or revisions to this instrument will be incorporated into it as an amendment if duly signed by both parties, effective in accordance with applicable provisions of state and federal law governing activities under this Memorandum of Understanding. 5.8 TERM: This Memorandum of Understanding shall remain in effect through December 31, 2023. This MOU may be extended beyond that date (see AMENDMENTS, section 5.7, above) by written request of either party to the other, and subsequent dated amendment signed by both parties. Page 102 Page 8 of 10 5.9 RENEWAL: Considering variable factors of budget, staffing dynamics, special emphasis events, external influences, unforeseen future changes in methods of mass communication, and changing internal priorities, it may be desirable to renew this Memorandum of Understanding or compose it as a different type of instrument rather than simply amending it periodically as needed. Both parties agree that renewal should be considered no less often than every five years, with the first such review and evaluation of this MOU as amended to occur by December 31, 2026. 5.10 NON-FUND-OBLIGATING DOCUMENT: Except as provided in section 2.4, nothing in this Memorandum of Understanding shall obligate either party to expend, obligate or transfer any funds. Specific projects that involve transfer of funds, services, or property require execution of separate agreements or contracts, and would be contingent upon availability of specific appropriated funds. 5.11 PROVISIONS CONSTRUED AS TO FAIR MEANING: Any tribunal enforcing this MOU shall construe its terms as to their fair meaning, and not for or against any party based upon any attribution to either party. 5.12 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 MOU. 5.13 NO THIRD-PARTY BENEFICIARIES: The parties intend no third-party beneficiaries under this MOU. Any person besides Town or Conservancy receiving services or benefits under this MOU is an incidental beneficiary only. 5.14 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 Conservancy’s and subcontractors’ employees) from the Town's work sites including the Visitor Center. 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. 5.15 WAIVER: No waiver of any breach or default under this MOU shall waive any other or later breach or default. 5.16 ASSIGNMENT AND DELEGATION: Except as stated, neither party may assign its rights or delegate its duties under this MOU without the express written approval of the other. 5.17 GOVERNING LAW AND VENUE: The laws of the State of Colorado shall govern enforcement and interpretation of this MOU. Venue and jurisdiction for any court action filed regarding this agreement shall be only in Larimer County, Colorado. 5.18 COMPLETE AGREEMENT: There are no other agreements on the same subject than expressly stated or incorporated in this MOU. 5.19 PRINCIPAL CONTACTS: Principal contacts for this instrument are: Town: Rob Hinkle, Events and Visitor Services Director 1190 Rooftop Way Estes Park, Colorado 80517 Conservancy: Esther Rivera Murdock, Executive Director Rocky Mountain Conservancy Page 103 Page 9 of 10 48 Alpine Circle Estes Park, Colorado 80517 5.20 EFFECTIVE DATE: This Memorandum of Understanding takes effect upon the date of signatures of the Town of Estes Park and the Executive Director of the Rocky Mountain Conservancy. 5.21 AUTHORITY: This instrument forms an agreement only when executed in writing by duly authorized representatives of Town and Conservancy. By their signatures on this document, the signatories represent that they have actual authority to enter this Memorandum of Understanding for the respective parties. (Signature page to follow.) Page 104 Page 10 of 10 Rocky Mountain Conservancy By: Esther Rivera Murdock, Executive Director Date Town of Estes Park By: Wendy Koenig, Mayor Date ATTEST: Town Clerk APPROVED AS TO FORM: Special Counsel Page 105       Page 106 TOWN ADMINISTRATOR’S OFFICE Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jason Damweber, Assistant Town Administrator Date: October 11, 2022 RE: Resolution 85-22 Supporting Ballot Issue 6E PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER QUASI-JUDICIAL YES NO Objective: Consider a Resolution in support of Ballot Issue 6E, the Estes Park Local Marketing District ballot issue which, if approved by the voters in the November 8 election, would levy an additional 3.5% lodging tax to be used to address housing and childcare issues in the Estes Valley. Present Situation: House Bill 22-1117, enacted by the State in March 2022, permits the use of lodging tax revenue collected by a local marketing district to address local issues related to workforce housing and childcare. It is up to voters in the local marketing district to decide whether to authorize the use of lodging tax revenue for these purposes. In light of significant challenges in the Estes Valley related to the lack of workforce and attainable housing and options for childcare, Visit Estes Park convened a “Lodging Tax Exploration Task Force” charged with developing recommendations for the Visit Estes Park Board regarding a potential ballot initiative. After taking into consideration the recommendations of the Task Force, discussions with community members, and the findings from a significant amount of research, the Visit Estes Park Board of Directors recommended pursuing a 3.5% increase over the current lodging tax by administering a ballot initiative for the voters of the marketing district in November 2022. After a joint meeting with the Estes Park Board of Trustees and the Larimer County Board of Commissioners, the Visit Estes Park Board voted to place an initiative on the upcoming ballot that asks the following: •SHALL THE ESTES PARK LOCAL MARKETING DISTRICT TAXES BE INCREASED UP TO $6.3 MILLION ANNUALLY IN THE FIRST FULL FISCAL YEAR AND BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED ANNUALLY IN EACH SUBSEQUENT YEAR BY THE LEVYING OF AN ADDITIONAL 3.5% LODGING TAX ON THE PURCHASE PRICE PAID OR CHARGED FOR ROOMS OR ACCOMMODATIONS WITHIN THE DISTRICT, COMMENCING Page 107 IN 2023 AND CONTINUING THEREAFTER, WITH SUCH REVENUE TO BE COLLECTED AND USED, TO THE MAXIMUM EXTENT PERMITTED BY THE COLORADO REVISED STATUTES AS AMENDED, FOR: o CONSTRUCTION OR PURCHASE OF WORKFORCE HOUSING OR THE PURCHASE OF LAND TO PROVIDE SITES FOR WORKFORCE HOUSING; o DEVELOPMENT AND OPERATION OF PROGRAMS TO SUPPORT WORKFORCE ACCESS TO AFFORDABLE HOUSING; AND o DEVELOPMENT AND OPERATION OF PROGRAMS TO SUPPORT AFFORDABLE WORKFORCE CHILDCARE SERVICES; WITH SUCH FUNDS TO BE COLLECTED BY THE DISTRICT AND TRANSFERRED TO THE TOWN OF ESTES PARK FOR EXPENDITURE OR INVESTMENT TO SUPPORT THE ABOVE USES; AND SHALL THE DISTRICT AND TOWN BE AUTHORIZED TO COLLECT, KEEP, TRANSFER AND SPEND ALL REVENUES RECEIVED IN 2023 AND EACH YEAR THEREAFTER WITHOUT REGARD TO ANY SPENDING, REVENUE, OR OTHER LIMITATION IN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER STATUTORY LAWS OF THE STATE OF COLORADO? Residents consistently indicate a desire for the Town to prioritize addressing workforce housing and childcare needs in the Town’s biennial community survey. During their discussions related to the development of the 2023 Strategic Plan, the Town Board identified these as areas to work on in the Plan’s policy statements and goals. Proposal: Staff proposes that the Town Board consider a Resolution in support of ballot initiative 6E. Advantages: Passage of Ballot Initiative 6E would create a new revenue source dedicated to mitigating the significant workforce housing and childcare issues faced by workers in the Estes Valley. Disadvantages: Increased lodging tax. Action Recommended: Consider a Resolution in support of ballot initiative 6E. Finance/Resource Impact: To be determined. Level of Public Interest High Sample Motion: I move for the approval/denial of Resolution 85-22. Attachments: 1. Resolution 85-22 Page 108 RESOLUTION 85-22 A RESOLUTION SUPPORTING ESTES PARK LOCAL MARKETING DISTRICT BALLOT ISSUE 6E TO LEVY AN ADDITIONAL 3.5% LODGING TAX ON THE PURCHASE PRICE PAID OR CHARGED FOR ROOMS OR ACCOMMODATIONS WITHIN THE DISTRICT, WITH SUCH REVENUE TO BE USED FOR WORKFORCE HOUSING AND CHILDCARE WHEREAS, the Board of Directors of the Estes Park Local Marketing District have referred Ballot Issue 6E to the voters of the District at the November 8, 2022 General Election; and WHEREAS, Ballot Issue 6E would levy an additional 3.5% lodging tax on the purchase price paid or charged for rooms or accommodations within the District, with such revenue to be used, to the maximum extent permitted by Colorado Revised Statutes as amended, for the construction or purchase of workforce housing or the purchase of land to provide sites for workforce housing; for the development and operation of programs to support workforce access to affordable housing; and for the development and operation of programs to support affordable workforce childcare services; and WHEREAS, such funds would be collected by the Estes Park Marketing District and transferred to the Town of Estes Park for expenditure or investment to support the above uses; and WHEREAS, workforce housing and childcare are critical community needs, as identified in the 2016 Housing Study and the 2018 Childcare Needs Assessment; and WHEREAS, a “Yes” vote on Ballot Issue 6E will enable significant investment in these two critically important areas for our community. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board of Trustees hereby supports the passage of Estes Park Local Marketing District Ballot Issue 6E and urges the registered voters of the Estes Park Local Marketing District to vote yes on Estes Park Local Marketing District Ballot Issue 6E. DATED this _____day of _______________, 2022. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk Attachment 1 APPROVED AS TO FORM: Special Counsel Page 109       Page 110 PUBLIC COMMENT RECEIVED ON 10/10/2022  Board of Trustees Public Comment Name: Stephanie A. Pawson Stance on Item: For Agenda Item Title: General Public Comment. Public Comment: See Attached File Upload Please note, all information provided in this form is considered public record and will be included as permanent record for the item which it references. Files are limited to PDF or JPG. 10-11-22 Board Letter .pdf 88.2KB 25 MB limit. Video files cannot be saved to the final packet and must be transcribed before submitting. Page 111 October 10, 2022 Estes Park Town Board Members: Hello, my name is Stephanie Pawson and I’m a new resident with a family to Estes. My husband was in attendance last meeting but due to work and childcare neither of us can attend this meeting but would like to again bring up the safety concerns on peak view drive that continues to Mary’s Lake Road as well. I received a response the 35 mph speed limit will not be reviewed as this is a collector road while I disagree and believe that speed is in fact a major safety concern especially as more families move here I haven’t received a response regarding signage and would like to request this for review. There is currently NO signage to alert any driver that Peak View Drive has 7 school bus stops, Peak View Drive is approximately a 1.7-mile stretch. There is no wildlife crossing signage and even during the rut because of their size we were shocked to hear cars just holding down the horn and swerving for 3 female elk trying to cross Bill Gleiforst, Traffic Ops Manager for Larimer County did e-mail me with verbatim response…. “We do place School Bus Stop Ahead signs in advance of stop locations that have limited sight distance approaching the school bus stop, such as curve or turn or coming over a hill.” “1.0 mile of the road is in the town of Estes and .7 in the county.” There are 3 curves on the 1.0 mile stretch of the town portion of peak view all 3 currently have students standing at bus stops. I believe 6 of the 7 if not all the 7 school bus stops are on the town portion of the road. During our most recent bus stop pick up we did have to notify police again on 9/30 when a truck was failing to stop and had to slam on brakes as we waved hands to alert the bus was at a complete stop, lights flashing and stop arm extended so we could cross the road. I ask if you will kindly consider in the least signage on this road as there is signage on Mary’s Lake which peak view continues onto as the bus does, signage on MacGregor, signage on 34. Thank You Stephanie Pawson Page 112