HomeMy WebLinkAboutPACKET Town Board 2013-04-09The Mission of the Town of Estes Park is to plan and provide reliable,
high-value services for our citizens, visitors, and employees. We take
great pride ensuring and enhancing the quality of life in our community
by being good stewards of public resources and natural setting.
BOARD OF TRUSTEES - TOWN OF ESTES PARK
Tuesday, April 9, 2013
7:00 p.m.
AGENDA
PLEDGE OF ALLEGIANCE.
(Any person desiring to participate, please join the Board in the Pledge of Allegiance).
PROCLAMATION: “MONTH OF THE YOUNG CHILD.”
PROCLAMATION: “PARKINSON’S DISEASE AWARENESS MONTH.”
PROCLAMATION: “25TH ANNIVERSARY DUCK RACE DAY.”
PROCLAMATION: “ESTES CARES ABOUT BEARS MONTH.”
PUBLIC COMMENT. (Please state your name and address).
TOWN BOARD COMMENTS / LIAISON REPORTS.
TOWN ADMINISTRATOR REPORT.
1. CONSENT AGENDA:
1. Town Board Study Session Minutes dated March 26, 2013, and Town Board
Minutes dated March 26, 2013.
2. Bills.
3. Committee Minutes:
A. Community Development / Community Services, March 21, 2013.
1. Portable Bleacher, Kay Park Recreation - $41,385.65 – budgeted.
4. Resolution #04-13, Surprise Sidewalk Sale – May 4 – 5, 2013.
5. Resolution #05-13, Schedule public hearing of April 23, 2013, for a New Tavern
Liquor License Application filed by Carl Scott dba Coffee On the Rocks, 510
Moraine Avenue.
Prepared 04/01/13
* Revised:
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
2. REPORTS AND DISCUSSION ITEMS:
1. ROCKY MOUNTAIN NATIONAL PARK UPDATE. Superintendent Baker.
3. ACTION ITEMS:
1. GOVERNING POLICIES – STAFF LIMITATIONS. Administrator Lancaster.
2. CLASSIFICATION & COMPENSATION STUDY CONTRACT. Director Williamson.
3. 2013 SHUTTLE CONTRACT WITH MCDONALD TRANSIT. Director Winslow &
Coordinator Wells.
4. PARK THEATER SETTLEMENT AGREEMENT. Town Administrator
Lancaster/Attorney White.
4. ADJOURN
Bear Education Task Force
The Estes Valley is a great place for people bears and otherfor people, bears and other watchable wildlife.Bear Education Task Force•The group’s mission is ultimately to create a better environment fbdthildliftthblildlififor bears and other wildlife, to preserve watchable wildlife in the Estes Valley, and to promote public safety. •The group formed after community conversations identified gpyeducation as one of the critical pathways for improving bear and human interactions in the Estes Valley. We will continue to supportthiseffortandreviewourprogressafterthe2013bearsupport this effort and review our progress after the 2013 bear season.
The Estes Valley is a great place for people bears and otherfor people, bears and other watchable wildlife.Bear Education Task Force•Participants represent the community at large, Colorado Parks dWildlifBAUWtMtEtVlland Wildlife, Bears Are Us, Waste Management, Estes Valley Library, League of Women Voters, Association for Responsible Development, Rocky Mountain National Park, Town of Estes Park staff and its Board of Trustees. Other participants: Estes Area Lodging Association, YMCA and Visit Estes Park.
Mt il dPMaterials and Programs•Programs for organizations including restaurants, HOAs, clubs and professional associations•Printed and electronic materials•Website estes.org/wildlifeU ilibillff•Utility bill stuffers•Dumpster stickers
Child ’ Ed tiChildren’s Education•Partners: Schools and RMNP •After‐schoolprogramsAfterschool programs•Critter Crate•Library videos, books and programsy,pg•Giveaways: Pencils and stickers
Bear-ResponsiblepBusiness Pledge•Positive recognition and reinforcement•Structured by Task Force; resources from Colorado Parks and Wildlife•Implemented by Bears Are UsWi ddl•Window decal
Video: You’re inVideo: You re in Bear Country•Five‐minute “You’re in Bear Country” video•RockyMountainNationalParkandNickMolléRocky Mountain National Park and Nick Mollé•Web, visitor centers, hotels, channels 12 and 8
QUESTIONS?QUESTIONS?
Town of Estes Park, Larimer County, Colorado, March 26, 2013
Minutes of a Regular meeting of the TOWN BOARD STUDY SESSION
of the Town of Estes Park, Larimer County, Colorado. Meeting held at
Town Hall in Rooms 202/203 in said Town of Estes Park on the 26th
day of March, 2013.
Board: Mayor Pinkham, Mayor Pro Tem Blackhurst, Trustees Elrod,
Ericson, Koenig, Norris, and Phipps
Attending: Mayor Pinkham, Mayor Pro Tem Blackhurst, Trustees Elrod,
Ericson, Koenig, Norris, and Phipps
Also Attending: Town Administrator Lancaster, Assistant Town Administrator
Richardson, Director Chilcott, Town Attorney White, and
Deputy Town Clerk Deats
Absent: None
Mayor Pinkham called the meeting to order at 5:00 p.m.
FUTURE AGENDA ITEMS.
The Board discussed agenda items for upcoming Town Board Study Sessions and
proposed changes to the schedule as follows:
• Schedule the Town Administrator Evaluation Process prior to the Evaluation
• Move the Strategic Initiatives Discussion to a later date
• Move May 14th agenda items to April 23, 2013
Town Administrator Lancaster noted that a revised schedule for Future Agenda Items
would be forthcoming at the April 9th Town Board Study Session. Trustee Ericson
requested that the Planning and Goal Setting Retreat and Pre-Budget Meeting be
included on the list, for planning purposes. Trustee Elrod said that a discussion related
to FOSH funds had previously been postponed but, to date, had not been re-scheduled,
and noted that the Board has a May 14th deadline by which to make a determination
regarding the feasibility of a performing arts center project. The determination of
feasibility will be an action item for the Town Board. Based on the Board’s decision, an
application process, previously proposed by staff, may be implemented for distribution
of FOSH funds.
TOWN BOARD MEETING PROCEDURES/TOOL BOX.
Trustee Elrod questioned the continuance of a Planning item on the Town Board
agenda related to a year-round tubing hill at Elkhorn Lodge. He asked why the item
was on the consent agenda rather than being an item that would require discussion and
action by the Board. Director Chilcott explained that staff requested the continuance
based on considerable public input and unresolved issues raised at the Estes Valley
Planning Commission (EVPC) meeting. By bringing the item forward on the next
week’s Town Board agenda, the Trustees would be asked to make a decision without
having the opportunity to review the approved minutes of the March 19th EVPC meeting
and the evidence and recommendations contained therein. She stated that staff will not
attempt to speed up the review process in the future, so that the Board will have the
benefit of approved minutes from EVPC meetings. Discussion ensued related to the
ability of an applicant to change an application following the EVPC review and prior to
being heard by the Town Board. Director Chilcott said that new evidence cannot be
introduced and referred to the development code which states that no changes can be
made once submitted, unless the changes are requested by staff or by another review
body. Topics of discussion included: applications with significant changes should be
sent back to Planning Commission for re-review before moving forward to Town Board;
if changes related to EVPC conditions of approval are met between EVPC meeting and
Town Board meeting, the item has been moving forward; if denied and changes are
Town Board Study Session – March 26, 2013 – Page 2
made, the EVPC needs to see the item again; propose scheduling additional EVPC
meeting to allow for quicker approval of meeting minutes; and propose the Board
discuss current practices and make a policy decision to provide direction to staff related
to changes to applications, denials, and timing of the review and approval processes.
Staff will prepare to bring forward information related to the development plan review
process for the June 11, 2013, Town Board Study Session.
Mayor Pinkham called for a ten minute break for dinner at 5:40 p.m.
The Trustees continued discussion of the Town Board Meeting Procedures and Tool
Box that were adopted by the Board in March 2011.
Substitute Motion vs. Amending a Motion. It has been the practice of the Board to
amend a motion to slightly change the basic motion or to add to the basic motion. A
second to the amended motion is required prior to a vote being taken. A substitute
motion is made when completely changing the direction and meaning of the basic
motion. A second is required. The Clerk may be asked to restate the motion prior to
the vote.
Motion to Reconsider. The timeline for a motion to reconsider was discussed. Current
procedures are open-ended and do not designate a specific timeframe in which this
option can be used. Discussion included: why would someone who voted for a motion
ask for reconsideration?; limit use of this option to the same meeting or the next
meeting after passage of the motion; motion to reconsider sends conflicting message;
no need to reconsider something already passed; and specify that a motion to
reconsider must be used in the same meeting, or remove the option from the Toolbox.
The Toolbox will be revised to exclude the Motion to Reconsider.
Trustees’ Responsibilities to support a Board Decision and Trustee Involvement in
Outside Groups Representing the Board. Town Administrator Lancaster noted that
there is a reference in policy governance stating that trustees agree to support
decisions of the Board. A trustee can dissent, but must support the Board decision.
When speaking in the community a trustee should indicate that he/she is expressing
his/her individual opinion and not that of the Board, unless he/she has been authorized
to speak for the Board. A trustee should not give advice, recommendations, initiate
meetings, or get involved in opposition to a Board decision. Discussion ensued as to
how, after a Board decision has been made, a party may re-address the Board with a
different idea or proposal, in particular the revised proposal related to the EPiC
performing arts project. Conversation continued: the Town Administrator has the
responsibility of representing the Town and bringing information to the Board; it is
inappropriate for a trustee to fulfill that role even if speaking as an individual and not as
a Board member; perception is part of the issue; Attorney White got involved by writing
a revised agreement related to the performing arts center; it is not appropriate for the
Town attorney to write a legal document for a private enterprise; Town Administrator
Lancaster requested that Attorney White become involved to re-write the agreement
and encompass a new request and new timeframe; and the development process
should be followed, going through Planning Commission review prior to moving forward
to Town Board. Trustee Koenig asked about communication related to a quasi-judicial
matter, stating the Board does not have any information until the Board packet materials
are received. Trustee Phipps asked about speaking to Planning Commissioners about
EVPC decisions. Attorney White said that should not be done as it would be considered
ex parte communication.
Town Administrator Lancaster said the Town must be responsive to citizens and noted
that it is not unusual for citizens to meet with the Town Administrator to ask questions,
throw out ideas, and inquire about processes and procedures. Mayor Pro Tem
Blackhurst said that conversations that include the use of Town-owned land should
raise a red flag and initiate communication with the Board.
Town Board Study Session – March 26, 2013 – Page 3
Trustees may listen to constituents’ concerns, but questions of process should be
referred to Town staff. The Town Administrator should be able to engage and work
together with counsel at his discretion, and should inform the Board if a topic is a
substantial issue.
The Code of Conduct will reflect that trustees speak for themselves and not on behalf of
the Board, and that they will not advocate against decisions of the Board.
Discussion on the topic of Town Board Meeting Procedures/Toolbox will continue at the
next Town Board Study Session scheduled for Tuesday, April 9, 2013.
POLICY GOVERNANCE II – BOARD/STAFF LINKAGE.
Item not discussed due to a shortage of time.
There being no further business, Mayor Pinkham adjourned the meeting at 6:30 p.m.
Cynthia Deats, Deputy Town Clerk
Town of Estes Park, Larimer County, Colorado, March 26, 2013
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 26th day of March, 2013. Meeting called
to order by Mayor Pinkham.
Present: William C. Pinkham, Mayor
Eric Blackhurst, Mayor Pro Tem
Trustees Mark Elrod
John Ericson
Wendy Koenig
Ron Norris
John Phipps
Also Present: Frank Lancaster, Town Administrator
Lowell Richardson, Assistant Town Administrator
Greg White, Town Attorney
Jackie Williamson, Town Clerk
Absent: None
Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so,
recited the Pledge of Allegiance. He requested a moment of silence in honor of former
Trustee Jerry Miller, community activist and friend to many.
PROCLAMATION: Mayor Pinkham proclaimed April as Financial Literacy Month.
Marsha Yelick/Estes Valley Library stated the Library would be hosting 8 adult
workshop seminars during the month and 4 money themed movies. In addition there
would be educational lessons provided to the school students.
GRADUATION CEREMONY: 2013 CITIZENS INFORMATION ACADEMY (CIA)
PARTICIPANTS. Mayor Pinkham, Public Information Officer Rusch and Town
Administrator Lancaster - Present Participation Certificates to the following class
members:
Mike Cunningham Jan Dougherty Sheri Fedorchak
Linda Hardin Bob Holcomb Jean E. McGuire
Anne Morris Judith Schaffer Dr. Russ Schneider
Robert Sherrod Richard D. Tekulve Kellie Thompson
PRESENTATION: High School Science Fair Project. –
Liam Fogarty and Cannon Braggs presented their High School Science Fair Project on
“Wind Energy – A Study of Feasibility”.
PUBLIC COMMENTS.
None.
TOWN BOARD COMMENTS / LIAISON REPORTS.
Trustee Ericson congratulated all CIA graduates and commented the program has
created more participation in local government.
Trustee Koenig stated the President of the Sister Cities program is currently visiting
Costa Rica. Western Heritage continues to prepare for the upcoming Rodeo in July.
Trustee Norris commented the Economic Development Task Force continues to meet
with the public on their proposal and the DCI report would be forthcoming in April. Visit
Estes Park is working on a new campaign and coordinating with the National Park in
celebrating the Park’s 100th anniversary. The Bear Education Task Force has
Board of Trustees – March 26, 2013 – Page 2
completed the development of an awareness campaign and would present their efforts
at the next Board meeting.
Trustee Elrod reminded the public the deadline for Pride Awards is April 1, 2013.
TOWN ADMINISTRATOR REPORT.
None.
1. CONSENT AGENDA:
1. Town Board Study Session Minutes dated March 12, 2013 and March 21,
2013, Town Board Minutes dated March 12, 2013.
2. Bills.
3. Committee Minutes:
a. Public Safety, Utilities and Public Works, March 14, 2013.
4. Estes Valley Planning Commission Minutes dated February 19, 2013
(acknowledgement only.)
It was moved and seconded (Blackhurst/Koenig) to approve the Consent Agenda,
and it passed unanimously.
2. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or
staff for Town Board Final Action.
1. CONSENT ITEMS:
A. PRELIMINARY & FINAL CONDOMINIUM MAPS – TIME
EXTENSION, River View Pines Condominiums, Tract 56C, Replat of
Tract 56, Amended Plat of Lot 2, Deer Crest Subdivision; 1150 W
Elkhorn Avenue; Frederick Kropp/Owner.
B. SPECIAL REVIEW 2013-02, ELKHORN TUBING HILL, All Elkhorn
Addition (Less Elkhorn Plaza Lodges, less a portion of a metes &
bounds parcel); 600 W. Elkhorn Avenue; CMS Planning/Applicant.
Item continued to the April 23, 2013 meeting.
It was moved and seconded (Blackhurst/Norris) to approve the Consent Agenda
Item 1.A. approved with the Planning Commission recommendations, and it
passed unanimously.
It was moved and seconded (Blackhurst/Norris) to approve the Consent Agenda
Item 1.B. approved with the Planning Commission recommendations, and it
passed unanimously.
2. ACTION ITEMS:
A. SPECIAL REVIEW 2013-01, OPEN AIR ADVENTURE PARK, Lot 4,
Prospect Village Subdivision; 470 Prospect Village Drive; Tim
Kreutzer/Applicant. Mayor Pro Tem Blackhurst recused himself from the
discussion. Senior Planner Shirk stated the request would develop an
outdoor challenge course consisting of a series of raised platforms
connected by various rope challenges. The development would contain
a small office, rope course, eighteen space parking lot, sidewalks, and
landscaping. Business hours would vary but range from 9:00 a.m. to
6:30 p.m. There would be no exterior lighting for this development as
the hours of operation would not necessitate lighting. No fencing has
been proposed as the course would be raised during non-business
Board of Trustees – March 26, 2013 – Page 3
hours and would be 30 feet tall. The Estes Valley Planning Commission
(EVPC) recommended approval of the development at their March 19th
meeting.
The applicant was presented to describe the course in more detail,
stating the small course size limits the need for speakers and keeps
noise to a minimum. The users of the course would be attached to a
continuous belay system in which users can only be detached by staff,
elevating the safety.
Todd Jirsa/Town citizen requested the item be continued because the
Town Board has not had a chance to review the minutes from the recent
EVPC meeting. He stated sound may not be an issue for a number of
the properties; however, the property directly next to the project would
receive 75.5 decibels per the noise report presented by the applicant,
exceeding the limits established in the Municipal Code.
It was moved and seconded (Koenig/Norris) to approve Special
Review 2013-01 “Open Air Adventure Park” subject to the findings
and conditions recommended by the Estes Valley Planning
Commission, and it passed with Mayor Pro Tem Blackhurst recusing
himself.
3. ACTION ITEMS:
1. FEDERAL LANDS ACCESS PROGRAM (FLAP) GRANT APPLICATION.
Director Zurn stated the FLAP grant provides a new and unique source of
funding that can potentially address numerous transportation and transit needs
in Estes Park. Staff held two public meetings with over 580 letters sent to
affected property owners and businesses and a second meeting for the general
public. A study session with the Town Board was held to describe the potential
grant projects including a parking garage, one-way couplet, two way reroute of
Highway 34 through downtown onto Riverside, and a trail system; reviewed the
grant criteria; the need for matching funds of 17.21%; and potential CDOT
funding for the match if the one-way or two-way were awarded. During the
meetings the public was asked to rate the projects, which outlined the desire to
move forward with pursuing grant funds. The meetings indicated a preference
for the parking structure and one-way couplet; however, CDOT’s preference
would be the two-way reroute of downtown to completely remove the highway
from downtown. Staff recommends the one-way couplet with a phased parking
structure in order to provide the grant reviewers a complete vision of the future
improvements and give staff time to develop a full design for a future grant
application. CDOT has verbally stated they would provide the matching funds
for either of the roadway projects, and would not have funding available for the
parking garage. The Town, if successful in receiving federal grant funds, would
be required to meet many milestones of planning, public input and
environmental clearances before construction could begin. The applications
are due on May 15th and if the Board chooses to move forward staff would use
the time to develop an application.
Board discussion has been summarized: questioned if completing the roadway
improvement prior to the parking structure would be best; suggested moving
forward with the one-way couplet and request funding for the design of the
parking structure; would there be a point in time in which the Town would need
to consider the two-way in the future; the Park has already reached capacity,
therefore increase capacity through town would not benefit the Park; what other
funding mechanisms or grants would be available to address the number one
concern of the community, parking; could CDOT require the two-way in the
future; the overall objective to reduce the traffic and air pollution would be
reduced with the two-way reroute; questioned if including the phasing only
clouds the issue and would the application be stronger with just applying for the
one-way couplet; adding the parking structure outlines the entire concept and
Board of Trustees – March 26, 2013 – Page 4
creates a placeholder for a future grant application; and phasing places the
private properties that may be displaced in the future in an indeterminate state.
Staff comments to Board questions and concerns follow: Director Zurn stated
completing the roadway first would address the traffic flow immediately and
help with the congestion downtown. Funding would be available for complete
projects and not for portions of a project such as design only for the parking
structure. FHU has estimated both the one-way couplet and two-way reroute
would increase capacity by 40%; however, staff would plan for a two-way in the
future if the Board moves forward with the one-way couplet. Park staff has
stated there are areas of the Park that are over utilized and others that are
underutilized. Staff continues to review grant opportunities for the parking
garage and would review the possibility of using Town owned land as all or a
portion of the matching funds for the FLAP grant. A NEPA process would be
completed in 18 -24 months with final design beginning at the end of the
process and allow the Town to dictate check points throughout the process.
The grant application would be for one of the two roadway options now with a
parking structure in the future to provide a bigger picture of how the transit
option fits into a larger vision for the community.
Corey Stewart/CDOT Engineer and Long Win/CDOT Traffic Engineer stated
traffic in Estes Park has been a long time issue and the proposed rerouting
projects would allow CDOT to address the traffic, mobility and safety concerns.
CDOT also has a unique opportunity to utilize new funding scenarios through
public/public partnerships with applications due on May 1, 2013 to help fund the
projects. CDOT would favor the two-way to completely remove the highway
from downtown.
Public Comment
Greg Rosener/Town citizen and Transportation Visioning Committee member
stated the one-way and two-way options were discussed by the committee;
however, funding was seen as a limitation. He recommended the Town apply
for both the roadway and the parking structure because he stated concern that
phasing the parking structure would cause it to be delayed or not built.
Kent Smith/Town citizen recommended the Town apply for the one-way
couplet, and would suggest the Board not apply for items that could not be
funded by the Town.
Peter Anderson/Misty Mountain Lodge owner stated interest in the process and
the impact on the section of town including the lodge. He would request the
Town apply for the two-way couplet as it would negatively affect their property
just as much as the one-way couplet.
Stan Black/County citizen commented the visitation to the Park has been
consistent for a number of years; however, peak travel days have increase
because Estes Park has become the final destination. He advocated
partnering with CDOT to improve the roadway system with the two-way reroute
and develop a scaled down parking structure somewhere downtown to increase
parking. He also suggested making the parking structure a paid lot to
encourage use of the remote parking and shuttle system.
Judy Anderson/Anderson Realty stated the impacts to the neighboring
properties that would be affected negatively need to be considered. These
owners would continue to pay property taxes during the next two years;
however, the future of the properties would be in jeopardy and could not be
sold during this period.
It was moved and seconded (Blackhurst/Norris) to extend the meeting to 10:30 p.m.,
and the motion passed unanimously.
Board of Trustees – March 26, 2013 – Page 5
Tom & Teresa Widawski/County citizen commented the parking structure
should be paid parking and the Town should bond for the matching funds and
sell both the Riverside and E. Riverside parking lots to provide funding for the
match. They would support a grant application for the two-way reroute as it
solves the issues downtown and allows creative options for the downtown such
as a pedestrian mall.
John Edrington/Town accommodations owner and citizen stated the main
complaints heard at their lodge continues to be parking and pedestrian traffic
downtown. He would support a two-way reroute of downtown and a parking
structure on the opposite side of Riverside up against the mountain.
Mayor Pinkham called a 10 minute break at 10:00 p.m. and reconvened the meeting at
10:10 p.m.
It was moved (Ericson) to approve staff proceed with an application for a
FLAP funding on behalf of the Town of Estes Park for the two-way
couplet and include a second phase for a future transit structure project,
and the motion failed for lack of a second. Trustee Ericson stated the one-way
couplet is a short term fix and the Town should be looking at the long term
approach.
Trustee Phipps voiced concerns with the condemnation and the effects on the
neighboring properties in the area with any of the options presented. He
questioned the need for a parking structure and if one is needed should it be
downtown or elsewhere. A Master Plan for the Riverside area/Post Office
should be conducted and involve the neighborhood and property owners.
Mayor Pro Tem Blackhurst questioned reversing the course the Town has been
on for the past five years to keep vehicles out of downtown, and stated a
parking structure should be located in the Municipal parking lot with retail and
housing incorporated in a multi-level structure. He also stated concern with the
harm the decision would have to the residential and commercial businesses in
the area.
Trustee Koenig suggested the one-way couplet would affect fewer properties
than the two-way reroute and provide the same increase in traffic flow. She
stated concern with traffic moving through the west end of Elkhorn with the two-
way and does not see an advantage at this time to owning the roadway
downtown.
Trustee Norris stated support for the one-way couplet, as the two-way would
not likely pass the NEPA review. He recommended the town review other
possibilities before making a final decision on the location of a parking
structure.
Trustee Elrod commented the parking structure and development potential are
attractive; however, in his opinion the option would be the weakest application
per the grant criteria. Gaining control of the downtown roadways with the
development of the two-way has appeal; however, the one-way couplet
removes fewer parking spaces from downtown, increases the traffic flow at the
same percentage as the two-way, less displacement cost and impacts fewer
commercial and residential properties. He would not favor phasing the project.
It was moved and seconded (Koenig/Norris) to authorize staff to proceed
with the application for a Federal Lands Access Program grant for the
one-way couplet and include a second phase for a future transit parking
structure, and the motion passed with Trustee Phipps and Mayor Pro Tem
Blackhurst voting “No”.
It was moved and seconded (Ericson/Norris) to extend the meeting to 11:00 p.m.,
and the motion passed unanimously.
Board of Trustees – March 26, 2013 – Page 6
2. TRANSPORTATION ADVISORY COMMITTEE APPOINTMENTS.
Trustee Ericson commented the Town received 20 applications, which were
reviewed based on criteria such as the applicant’s background, ensuring age
dispersal and a cross section of the community. Once the committee has been
formed it will develop bylaws and review the mission statement. Three of the
proposed members are from the Transportation Visioning Committee (TVC)
establishing continuity.
Mayor Pro Tem Blackhurst stated concern with the appointment of Stan Black
as there is a perception of a conflict of interest with his involvement in the EPIC
project and the performing arts theater downtown. Trustee Koenig stated the
same concerns with the appointment of Tom Widawski.
After further discussion, it was moved and seconded (Ericson/Norris) to
approve the expansion of the Transportation Advisory Committee from
seven members to nine members, and approve the following members:
Ann Finley, Stan Black and Belle Morris for one-year term; Cory LaBianca,
Gregg Rounds and Kimberly Campbell appointed for two-year terms; and
Amy Schwarzbach, Tom Wadawski and Byron Holmes appointed for
three-year terms. All term would be effective April 1, 2013. The motioned
passed with Mayor Pro Tem Blackhurst and Trustee Koenig voting “No”.
3. CONSTRUCTION OVERSIGHT SERVICES FOR MPEC & STALL BARN.
Director Zurn stated as a result of the scale and schedule of the two projects at
the fairgrounds, staff has solicited bids for construction administrative
service/construction oversight. These services will focus on assisting in the
administration, coordination and inspection of the projects. These services
would assist Public Works in expediting the project and further assuring
contractor compliance and overall project quality. Staff received three
responses from local architects: Thorp Associates, T.W. Beck Architects and
Space into Place. Staff recommends contracting with Space into Place which
provided the lowest hourly rate at a not-to-exceed amount of $50,000. After
further discussion, it was moved and seconded (Blackhurst/Phipps) to
contract with Space into Place Architecture for the construction oversight
services for the Multi-Purpose Event Center and Stall Barn at the Stanley
Fairgrounds for a not-to-exceed amount of $50,000, and it passed
unanimously.
4. GOVERNING POLICIES – STAFF LIMITATIONS. Item continued to the April
9, 2013 Board meeting.
Whereupon Mayor Pinkham adjourned the meeting at 11:00 p.m.
William C. Pinkham, Mayor
Jackie Williamson, Town Clerk
Town of Estes Park, Larimer County, Colorado, March 21, 2013
Minutes of a Regular meeting of the COMMUNITY DEVELOPMENT /
COMMUNITY SERVICES COMMITTEE of the Town of Estes Park, Larimer
County, Colorado. Meeting held in Town Hall in said Town of Estes Park on
the 21st day of March, 2013.
Committee: Chair Ericson, Trustees Elrod and Norris
Attending: Chair Ericson, Trustees Elrod and Norris
Also Attending: Town Administrator Lancaster, Assistant Town Administrator
Richardson, Director Chilcott, Director Winslow, and Deputy
Town Clerk Deats
Absent: None
Chair Ericson called the meeting to order at 8:00 a.m.
PUBLIC COMMENT.
None.
COMMUNITY DEVELOPMENT DEPARTMENT.
REPORTS.
Reports provided for informational purposes and made a part of the proceedings.
• Community Development Monthly Report – Dir. Chilcott said that staff is seeing
activity related to larger projects and noted that building permit valuation is up 265%
with the issuance of permits for three single-family dwellings, one duplex, and one
mixed-use building. Staff continues to work with property owners to close out old
permits with 81 permits still open; and Dir. Chilcott and Planner Shirk will be working
on modernizing the Estes Valley Development Code throughout the year. A series
of educational forums are planned with the first one scheduled for April 17, 2013, on
the topic of Public Participation in Development Review. Community meetings
related to Enhancing Planning and Building Services were held in late 2012 and
Enhancing Code Compliance Services community meetings are scheduled for
March and April. Phil Kleisler was hired as the Code Compliance Officer. His focus
over the next few months will be outreach education and the development of a
successful code compliance program for the community. Dir. Chilcott reported that
interviews are being conducted in order to seat a five-member Board of Appeals.
The Board will act as an advisory board as well as hear appeals of orders and
decisions of the chief building official. A revised local amendment will be brought
forward to revise the bylaws for the Board of Appeals, the Board of Adjustments, and
the Creative Sign Design Review Board to eliminate the “alternate” positions. Staff
is working with consultants to improve mapping systems, including zoning and street
maps.
COMMUNITY SERVICES DEPARTMENT.
SURPRISE SIDEWALK SALE RESOLUTION.
The Surprise Sidewalk Sale is scheduled for May 4th and 5th to coincide with the 2013
Duck Race. The sale is open to all Estes Park businesses. Businesses without
downtown frontage may reserve space in the Dairy Queen parking lot in order to
participate in the sale. Staff will work with the merchants to ensure that all businesses
are aware of the regulations and the Police Department will assist in making sure that
sidewalk access is maintained throughout the sale. The Committee recommends
approval of the Surprise Sidewalk Sale and bringing forward the resolution as a
Community Development / Community Services – March 21, 2013 – Page 2
consent item on the April 9, 2013, Town Board meeting agenda.
PURCHASE OF BLEACHERS.
Following a property inspection, CIRSA, the Town’s insurance carrier, identified the
portable bleachers as an area of concern because they no longer meet code
specifications. The 2013 Community Reinvestment Fund contains $42,000 for the
purchase of new bleachers to be used for events at the fairgrounds and in Bond Park.
Bids were solicited for portable bleachers manufactured by the Speedy Bleacher
Company, and two responses were received:
Vendor Cost
Century Industries $49,806.00
Kay Park Recreation $41,385.65
Staff recommends purchasing the bleachers from Kay Park Recreation. The
Committee recommends approval of the purchase of portable bleachers from Kay
Park Recreation at a cost of $41,385.65 from the Community Reinvestment Fund.
Dir. Winslow noted that the old bleachers can be cut down to a smaller scale which will
allow them to continue to be utilized under certain circumstances.
REPORTS.
Reports provided for informational purposes and made a part of the proceedings.
• Senior Center Quarterly Report – Senior Center attendance is at 98% of capacity
for planned programs held during the first two months of 2013. A series of
programs and day trips are scheduled, with the day trips proving to be popular
events. Numbers for both the Meals on Wheels Program and the Fourth Street
Café are running slightly ahead of 2012. The Senior Center / Museum Master
Plan process is underway and is scheduled to be completed in June. A meeting
to gather public input for the master plan is scheduled for April 11, 2013.
• Special Events Quarterly Report – Plans for the upcoming summer season are
being finalized as staff works with show managers to handle coordination of
events and construction at the fairgrounds. Wool Market is the primary focus of
office staff at this time, and maintenance staff is working on projects to prepare
and repair the facility. With the exception of Ride the Rockies, all 2012 shows
will return this year, and seven new events will be added to the schedule. Chair
Ericson noted that the financial aspects and economic benefits of special events
will be reviewed at a Town Board Study Session in May.
• Shuttle Committee Report – Full shuttle service is scheduled to begin on June
21st and continue through September 8th. Service hours are the same as last
year, 9 a.m. until 10 p.m., for all routes except the Brown Route which will
operate from 8 a.m. until 10 p.m. Route changes will be implemented to help
eliminate congestion downtown, and the Gold Route (trolley) will service the
downtown area. The shuttle will also operate for special events and on
designated weekends. Staff is working on completing the shuttle map and
brochures, and working with Streets Division staff to identify locations for
permanent signage. A contract with Rocky Mountain Transit is anticipated to
come before the Board for review and approval at the April 9th Town Board
meeting. Trustee Elrod noted that the Town budgeted $363,000 for shuttle
service in 2013 as a solution to congestion and parking issues, and noted the
shuttles are for utilization by residents as well as visitors.
• Ambassador Report – Sandy Osterman, Estes Park Ambassadors provided an
update on the activities of the volunteer group. She said approximately 70
members volunteer at the Visitor Center and during their three-hour shifts,
provide current and accurate information to visitors. The members attend
monthly meetings, annual training sessions, and lodging and retail tours in order
to stay informed and support the local business community. Ms. Osterman noted
that the Ambassadors were recognized as the Volunteer Group of the Year in
2012.
• Verbal Updates –
Community Development / Community Services – March 21, 2013 – Page 3
o Pro Cycle Challenge – Dir. Winslow reported that an intergovernmental
agreement (IGA) for the Pro Cycle Challenge is in the works and will
tentatively come forward to the Board on April 9, 2013. He noted that the
bike race is the second most attended bicycle race in the world, second
only to the Tour de France.
ADMINISTRATION.
REPORTS.
Reports provided for informational purposes and made a part of the proceedings.
• Policy Development Process Update – Town Administrator Lancaster noted that
policy review is continuing, initially to identify the need for a policy, and whether
an update to a policy is required. If appropriate, the policy is assigned to a
specific department or, if the policy is general in nature, it is assigned to Assistant
Town Administrator Richardson. Policies are reviewed by the leadership team
and input is taken for revisions. The policy is also made available to all staff
members for their review and comments. If major revisions are made to a policy
it will be reviewed once again by the leadership team before moving forward to
either the Town Administrator or the Board of Trustees. Policies currently being
addressed are social media, benefits and compensation, employment policies,
emergency closures, finance and accounting, and employee housing program.
The policies will be written in a standard format and kept in a common area for
ease of accessibility. Town Administrator Lancaster also noted that a business
continuity plan is being developed to address an event that would preclude
business as usual being conducted in the Town Hall. The Committee requested
that the Board be provided with a quarterly report on the policy development
process.
• Verbal Updates –
o Horse Drawn Carriages – Town Administrator Lancaster noted that horse
drawn carriages are allowed to operate as long as they are marked as
slow moving vehicles and operate safely according to state law. He noted
that if a carriage becomes an obstruction, the police have the authority to
pull the carriage over and ask them to get moving to keep traffic flowing.
There being no further business, Chair Ericson adjourned the meeting at 9:24 a.m.
Cynthia Deats, Deputy Town Clerk
RESOLUTION NO. 04-13
WHEREAS, on July 23, 1991, the Board of Trustees adopted Ordinance 15-91
pertaining to “containment” within the C-D District, and subsequent adoption of the
Estes Valley Development Code (Chapter 4, Zoning Districts, Section 4.4, specifically
Paragraph D.1.a.:Outdoor Sales, Use, Storage and Activity in the C-D Zoning District,
Number (3) Exceptions)
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
That the following guidelines shall be adopted for the “Surprise Sidewalk Sale
Days” being sponsored by the Events Department that is scheduled May 4 and 5, 2013:
1. Hours of operation shall be from 9 a.m. – 5:30 p.m.
2. The Sale Weekend is available to all EstesPark businesses.
3. The Sale Weekend will be held rain or shine.
4. Businesses will be allowed to sell merchandise in front of their stores only
during the hours specified above.
5. Sidewalk displays, including signage, shall provide a minimum clearance
of four feet for pedestrian ways and handicapped accessibility. Displays
and/or merchandise will not be allowed in any street.
6. Those merchants without sidewalk frontage may contact the Events
Division at 586-6104 to reserve a space in Parking Lot 2, the Children’s
Lot, if Bond Park is under construction (10x10 spaces only).
7. Advertising posters will be provided.
8. All participating businesses must possess a current Town Business
License.
BE IT FURTHER RESOLVED, that every business is urged to participate in this
Surprise Sidewalk Sale Days annual event.
DATED this day of , 2013.
TOWN OF ESTESPARK
Mayor
ATTEST:
Town Clerk
RESOLUTION #05-13
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES
PARK, COLORADO:
That the filing date of the application for a New TAVERN Liquor License, filed by Carl
Scott dba, COFFEE ON THE ROCKES, 510 Moraine Avenue, Estes Park, Colorado, is
March 22, 2013.
It is hereby ordered that a public hearing on said application shall be held in the Board
Room of the Municipal Building, 170 MacGregor Avenue, on Tuesday, April 23, 2013, at 7:00
P.M., and that the neighborhood boundaries for the purpose of said application and hearing
shall be the area included within a radius of 2.98 miles, as measured from the center of the
applicant's property.
DATED this 9th day of April, 2013.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
Rocky Mountain National Park
Spring Briefing
April 2013
Visitation
In 2012, Rocky Mountain National Park recreation visitation reached 3,229,618
visitors, a 1.7% increase over visitation in 2011.
The Top 10 Days in 2012 were:
1 September 29 (fee free day)
2 September 2
3 August 5
4 July 22
5 September 16
6 August 12
7 September 3
8 July 15
9 September 15
10 July 30
Fee Free Dates:
• Our remaining Fee Free Days this year will be:
April 22 – 26 (National Park Week)
August 25 (NPS Birthday)
September 28 (National Public Lands Day),
and November 9 to 11 (Veterans Day weekend).
Mountain Pine Beetle Mitigation:
• Focus is on mitigating hazard trees and hazard fuels in visitor use areas (roadways,
trailheads, campsites, buildings, etc.). Hazard tree removal projects will incorporate
temporary site closures or traffic delays as needed to ensure visitor safety and efficient
project completion. Pile burning from fuels reduction and hazard tree mitigation projects is
continuing through the spring of 2013. For more information on project dates, possible
temporary and short term travel closures for public safety, and locations of hazard tree work,
please refer to the Rocky Mountain National Park website and follow the links to the forest
health page (www.nps.gov/romo).
• Other Beetle Mitigation Work: Work continues beyond the trailheads to mitigate hazard
trees at designated campsites for backcountry/wilderness users. The park is selectively
applying an insecticide, Carbaryl, to protect up to 7,000 high value trees on both the east and
west sides of the park. When sprayed on the trunk of a pine tree, Carbaryl acts as a repellant
to keep the bark beetles from attacking the tree. High value trees are in front country
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locations such as campgrounds, historic landscapes, picnic areas, and visitor centers. They
are important for shade, visual screening, cultural significance, and outstanding visual
quality. To date, we have observed nearly 100 percent success from spraying. These site
specific treatments will continue until the bark beetle outbreak has subsided.
• Research: Research is continuing on the effects of mountain pine beetle induced tree
mortality on water quality. The objectives are 1) quantify impacts by analyzing nitrogen,
carbon, and phosphorus in streams and lakes relative to the timing and intensity of beetle
induced tree mortality, 2) evaluate effects of management actions, and 3) use a model to
predict nitrogen, carbon, and phosphorus concentrations in surface water and evaluate the
importance of atmospheric nitrogen versus beetle induced nitrogen on surface water
chemistry.
Road Construction:
• Bear Lake Road Reconstruction Phase II: Road construction on the remaining 5.1 miles of
Bear Lake Road started in March 2012. Work continued throughout the winter which
allowed for the completion of the new retaining walls. The anticipated completion date of
the paving the roadway in now mid to late July.
On weekdays from May 28, through July 19, from 9:00 a.m. to 4:00 p.m., Bear Lake Road,
approximately one mile southwest of Moraine Park Visitor Center to Bear Lake, will be
accessible by free shuttle bus only. Private vehicles will be allowed both directions prior to
9:00 a.m. and after 4:00 p.m. On weekdays, visitors in private vehicles who make the 9:00
a.m. cutoff time will be allowed to leave throughout the day. All visitors, in private vehicles
or shuttle buses, should expect at least two 20-minute delays both directions through the
construction area. There will be no construction delays between Park & Ride and Bear
Lake. There may be night closures during the construction. Night closures will be announced
at least two weeks prior to occurring and will only occur on weeknights.
Private vehicles will be allowed all day on weekends. Although private vehicles will be
allowed to travel on weekends through the construction area, shuttle buses will also be
running. Visitors may experience some delays on weekends.
Campgrounds:
Glacier Basin Campground: For the second consecutive year, this campground will be closed
through the 2013 summer season due to (1) completion of the Bear Lake Road reconstruction
project and (2) consequences of Sequestration. First-come, first-serve camping opportunities
will still be available at Moraine Park and Longs Peak Campgrounds on the east side and Timber
Creek Campground on the west.
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Longs Peak Campground: Has been closed again this winter and early spring and is projected to
open by Memorial Day weekend. Winter camping opportunities have been available at Moraine
Park and Timber Creek on the west side.
Moraine Park Campground: Repaving of Moraine Park Campground roads will occur from
May 1 through May 20. During this time, the campground will be closed to public use.
Aspenglen Campground will open May 1, two weeks early, to accommodate overnight camping
during this period. Moraine Park will reopen May 21.
Additional Solar Shower Enclosures added to Campgrounds: To complement an experimental,
two-stall solar shower enclosure that proved highly successful last summer in Moraine Park
Campground, a second four-stall enclosure will be constructed this year, along with a two-stall
enclosure at Aspenglen Campground. Both will be available for use in summer 2014. Relying
on passive solar energy to heat water in commercially made solar showers, these units are
another “green” visitor service that enhances sustainability.
Bear Boxes (food storage lockers): Efforts to increase the availability of bear-proof food storage
lockers in developed campgrounds continues. Nearly all sites in Aspenglen Campground will
now have food storage lockers and more are being added to Moraine Park. This compliments
our highly successful backcountry program that relies upon bear-proof canisters, and food
storage lockers placed at trailhead parking areas where bear access to human food sources has
been problematic. “Bear-proofing” the park continues to be an ongoing investment toward the
protection of wildlife, property and public safety.
Other Projects:
• Moraine Park Campground Paving: Moraine Park Campground will be closed from May 1
to May 20 to allow for new pavement to be laid. The Aspenglen Campground will be open
on May 1 to accommodate park visitors wishing to camp.
• Utility Line Replacement: In the fall of 2013 50+ year old sewer lines will be replaced in
Moraine Park Campground. This work will complete all of the needed repairs to the sewer
system in that campground.
• HQ West Water System: The system that provides the water to all of the facilities in the
headquarters area on the west side of the park will be completely replaced in the fall of 2013.
The work will include the installation of a new treatment system that will remove all of the
manganese that is prevalent in the water. The project will also replace the 60+ year old water
lines that serve the facilities.
• Wild Basin Corridor: The trailhead at Wild Basin will be reconfigured to allow for improved
visitor contact. The existing log structure at the trailhead will be remodeled to facilitate
providing information to the visitors, and the trail will be realigned to allow visitors better
access to that facility. The picnic area at Copeland Lake will be rehabbed. Work will
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include improving the picnic sites, installing new sustainable concrete picnic tables,
installing two accessible picnic sites, and the construction of a new vault toilet.
• Lily Lake Dam: In 2011 the Bureau of Reclamation rated the Lily Lake Dam as a high
hazard dam because of the population at risk below the dam and the potential failure modes
exhibited by the dam. The park initially identified two alternatives to address the risks
associated with the dam: either remove or repair the dam. In February 2012, the park
initiated public scoping to gather public input on the two alternatives. During public scoping
the park learned that it is legally bound to retain the water rights in Lily Lake, and the dam is
essential to this purpose. Therefore, the only option available to the park was to repair the
dam. The NPS Dam Safety Program funded the repair work, which was completed in
November 2012. Once the vegetation grows back on the face of the dam it will look very
much as it did prior to the repair work, and the water surface elevation in Lily Lake has not
been altered.
• East Side Multiuse Trail Study: The park received funding from the Transit in Parks
Program to prepare an Environmental Assessment (EA) as part of the decision process
whether to develop a multiuse trail system on the east side of the park. A 2009 study
demonstrated that such a trail system is feasible, and could connect multiple front country
locations in the park (visitor centers, campgrounds, trailheads, etc.) with the growing trail
network in the Estes Valley. The feasibility study examined a 15.5 mile corridor that roughly
parallels existing roads. If approved, such a trail system may or may not include the entire
corridor. It would also be many years in the making and would be costly to build. Public
scoping was conducted in February and March, and the contractor who is preparing the EA
will be in the park this spring conducting the necessary natural and cultural resource field
work. It is anticipated that additional public input will be gathered this fall, and the EA will
likely be available for public review and comment sometime in 2014, with a decision to
follow.
Elk & Vegetation Management Plan:
• Over the course of the next few years expect to see limited additional fencing constructed
and limited culling for population control. The following activities have taken place or are
planned:
o Elk exclosures constructed to restore aspen and willow communities:
Since the fall of 2008, approximately 183 acres of willow are being protected
(includes 16 acres in the Kawuneeche Valley) and 45 acres of aspen are being
protected.
In 2013, work will focus on evaluating willow, aspen, and upland vegetation
growth, productivity, and ungulate use in preparation for an adaptive
management evaluation of the elk and vegetation management program.
The elk exclosures are temporary and will come down when restoration goals
are met; each site will be evaluated every 5 years.
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o Culling for CWD and fertility control research (east side) – field work completed
2011 (female elk in this study were subject to a full necropsy, waiting for researchers
to analyze and publish results):
79 female elk were culled for this research project.
o Limited culling of female elk for population control (east side):
A total of 52 elk were culled between the winter of 2008/09 and 2010/11.
No elk were culled during the winters of 2011/12 and 2012/13.
Meat was tested for CWD. Those testing CWD-detected were used to support
the Colorado Parks and Wildlife mountain lion research project.
Fire Management Plan:
Rocky Mountain National Park completed a new Fire Management Plan in 2012. This plan
replaced the previous 1992 plan which underwent minor revisions in 2004.
The plan was tested almost immediately with the Fern Lake Fire which began October 9,
2012. The Fern Lake Fire started in Rocky Mountain National Park on Tuesday, October 9,
2012, in steep and rugged Forest Canyon. Firefighters from across the country battled the fire for
two months. On the night of November 30, and the early morning of December 1, strong winds
pushed the fire more than three miles in thirty-five minutes, prompting evacuation orders.
Through careful planning and rapid action, firefighters successfully prevented the fire from
progressing across Bear Lake Road and leaving the park. A national Type 1 Incident
Management Team was brought in by park officials on Sunday, December 2. The nearly 3,500
acre blaze was temporarily halted by an early December snowstorm. This high- elevation winter
fire is unprecedented in park history and will be officially called out once we can verify later this
spring that no heat remains.
To learn more about this fire please go
to: http://www.nps.gov/romo/naturescience/upload/Fern_Lake_Fire_Newsletter_2013_web.pdf
Permits and Fees:
• Entrance Fees: No Changes in 2013.
• Annual Pass: The RMNP annual pass remains $40.
• Daily/7-day Pass: Remains $20.
• Joint Pass with Arapahoe National Recreation Area: Remains at $50.
• Overnight Backcountry Use Permits: Remains at $20.
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• Commuter Permit: This special use permit was implemented on July 15, 2011, and provides
for non-recreational travel through the park (Trail Ridge Road) for local area residents.
Referred to previously as the “Tri-County Waiver,” now referred to as the “Commuter
Permit,” this privilege is currently applicable to residents (or property owners) within
Larimer, Boulder and Grand counties who reside within 50 miles of a park entrance. There is
an administrative fee for the permit of $20 and the permit is valid for three years. Eligible
residents can apply by fax, email, in person or on-line for these permits.
Visitor Shuttle Operations:
• Visitor Transportation System: Again in the 2013 season, the shuttle system will be slightly
modified due to the Bear Lake Road reconstruction. The shuttle routes typically interchange
at the park’s Park & Ride facility but for the 2013 season all routes will again transfer at the
Moraine Park Visitor Center. This change allows for both the Hiker and Moraine routes to
not be impacted by construction delays. As a result of the Bear Lake Road reconstruction,
the Hiker Shuttle Route saw increased ridership serving over 53,000 riders in 2012. However
the Bear Lake Route saw lower than average ridership due to the limited access to the Bear
Lake corridor during reconstruction. Again in 2013, the park will partner on a pilot
Intelligent Transportation System (ITS) project with the Town of Estes Park, Colorado
Department of Transportation, and the Federal Highway Administration. The project
encourages both town and park visitors to utilize the town’s new satellite park facility along
HWY 36 and use the shuttle systems that serve the town and the park as an alternative
transportation means.
Trails:
• Alpine Ridge Trail at Alpine Visitor Center: The installation of a sustainable step system
was completed in 2012 and the trail will reopen in 2013.
• Chasm Falls: Rehabilitation work was started on the Chasm Falls Trail in 2012. Work
includes the construction of a viewing area. The project will be completed in the early
summer of 2013.
• Flattop Trail: Rehabilitation work began in 2012 on the Flattop Trail. Work includes
repairing drainage structures and retaining walls where necessary. Most of the work will be
completed using stone to match the original CCC construction techniques. The project is
anticipated to last 4 years with the work beginning at the bottom and moving uphill.
• North Inlet Trail: Rehabilitation work began in 2012 on the North Inlet Trail. Work includes
repairing drainage structures and retaining walls where necessary. Most of the work will be
completed using stone to match the original CCC construction techniques. The project is
anticipated to last 4 years with the work beginning at the bottom and moving uphill.
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• Finch Lake Trail: Rehabilitation work began in 2012 on the Finch Lake Trail. Work
includes construction of log causeways and drainage improvement. Most work will improve
drainage issues caused by the Ouzel Fire. This project is anticipated to last 2 years.
• East Shore Trail: An Environmental Assessment (EA) is being prepared as part of the
decision process whether to allow bicycle use on a two-mile section of the East Shore Trail.
Public scoping and all field work have been completed, and the contractor is in the process of
preparing the EA chapters. It is anticipated that the EA will be available for public review
and comment sometime this summer, with a decision to follow later this year.
Grand Ditch:
Restoration Activities: The park is continuing the preparation of an Environmental Impact
Statement to guide the restoration of the 2003 breach of the Grand Ditch. The preparation is
continuing to be a joint effort with a consulting company, Parsons, who is assisting with
writing the EIS. During March 2012, the Draft Environmental Impact Statement (DEIS) was
completed and released to the public for review and comment. Public meetings for the DEIS
were held in Fort Collins, CO and Grand Lake, CO in April, 2012.
Restoration will focus on restoring healthy trajectories for both hydrological function (e.g.
surface and groundwater dynamics) and ecological community evolution (e.g. riparian,
wetland, and upland habitat). Five alternatives are currently being considered that include
combinations of the following along a gradient from no action to maximum restoration:
Allowing natural (passive) restoration to occur where appropriate; stabilizing steep, unstable
slopes with an engineered solution; removing deposited sediment and redistributing it
through the impacted area or elsewhere; removing dead timber from the impacted area and/or
using it in the restoration process; regarding and recontouring areas to restore appropriate
morphology and function; native plant restoration with appropriate, locally gathered plant
materials; may require the use of motorized equipment such as chainsaws, heavy lift
helicopters, and earthmoving equipment; may require temporary fencing to protect native
plant restoration areas.
A final EIS and Record of Decision are being prepared that incorporates the public feedback
received in 2012. The final plan is anticipated to be completed later this spring/summer.
New Technology:
• The park continues to explore ways to utilize new technology to improve opportunities to
stay connected with the park. Our website (nps.gov/romo) has nearly 2400 pages and is the
most popular way for our visitors to gather park information. You may follow us on Twitter
at RMNPOfficial or on Facebook at Rocky Mountain National Park.
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100th Anniversary Celebration:
• Rocky Mountain National Park’s 100th Anniversary is just around the corner! Planning for
this momentous event has begun. Celebration of the Rocky Mountain National Park 100th
Anniversary will kick off on September 4, 2014, the 99th Anniversary of the park’s public
dedication in Horseshoe Park. A year-long celebration will continue until the 100th
Anniversary of the dedication on September 4, 2015.
• Rocky Mountain National Park will be hosting kickoff and culminating events for the 100th
Anniversary, as well as offering a limited number of special programs throughout the year.
The yearlong Centennial Calendar of Events, however, will mostly reflect the creativity and
initiative of community groups and organizations that wish to create events or link existing
events to the commemoration and celebrate their connection with the park. Events can take
place inside or outside Rocky Mountain National Park. If you have an idea for a special
100th Anniversary event, find a group, organization, or business that wants to plan and put
on the event, and visit our website to fill out an application. Creativity is encouraged! Or if
your annual event has any connection to the “Wilderness, Wildlife, Wonder” of Rocky
Mountain National Park, consider celebrating that connection during our 100th Anniversary
year.
• Approved events, educational programs, and activities will be added to the park’s Centennial
Calendar of Events and will be promoted through newsletters, press releases, on-line
resources, and other park media.
• Merchandise displaying the 100th Anniversary Logo will be sold starting in January of 2014.
Check the 100th Anniversary website for planning updates and rules and applications for
using the logo or being park of the celebration.
• www.nps.gov/romo/planyourvisit/100th_anniversary.htm
TOWN ADMINISTRATOR Memo
To: Honorable Mayor Pinkham
Board of Trustees
From: Frank Lancaster
Date: March 26th, 2013
RE: GOVERNING POLICIES – STAFF LIMITATIONS.
Background:
The Town Board has been working on adopting the Policy Governance model of
governance for the Town. Previously the Board official adopted the first section of
Policy Governance concerning Board Governance. The next section to be reviewed
was the section on Staff Limitations, which articulates the limitations and requirements
of staff, particularly the Town Administrator, as it relates to the governance of the
organization. The Board reviewed this section in a study session on February 12th.
Budget:
n/a
Staff Recommendation:
That the Board adopted the Policy Governance manual category 3 concerning Staff
Limitations
Sample Motion:
I move for the approval/denial of Policy Governance category 3 – Staff Limitations
Note – Any item requiring a change to the Municipal Code, Development Code or any
other action requiring an Ordinance to be passed by the Town Board is required to have
the Ordinance included.
TOWN OF ESTES PARK
GOVERNING POLICIES MANUAL
Table of Contents
Category 3. Staff Limitations
Policy 3.0 General Town Administrator Constraint
Policy 3.1 Customer Service
Policy 3.2 Treatment of Staff
Policy 3.3 Financial Planning
Policy 3.4 Financial Condition and Activities
Policy 3.5 Asset Protection
Policy 3.6 Emergency Town Administrator Backup and Replacement
Policy 3.7 Emergency Preparedness
Policy 3.8 Compensation and Benefits
Policy 3.9 Communication and Support to the Board
Policy 3.10 Capital Equipment and Improvements Programming
Policy 3.11 General Town Administrator Constraint – Quality of Life
Policy 3.12 General Town Administrator – Internal Operating Procedures
1
POLICY TYPE: STAFF LIMITATIONS
POLICY 3.0 POLICY TITLE: GENERAL TOWN ADMINISTRATOR
CONSTRAINT
Within the scope of authority delegated to him/her by the Board of Town Trustees, the
Town Administrator shall not cause nor allow any practice, activity, decision or
organizational circumstance that is either unlawful, imprudent, or in violation of commonly
accepted business and professional ethics.
3.1 The quality of life in the Town of Estes Park depends upon the partnership
between citizens, elected officials and Town employees. Therefore, within the
scope of his/her authority, the Town Administrator shall not fail to ensure high
standards regarding the treatment of our citizens.
3.2 With respect to the treatment of paid and volunteer staff, the Town
Administrator may not cause or allow conditions that are unsafe, unfair or
undignified.
3.3 With respect for strategic planning for projects, services and activities with a
fiscal impact, the Town Administrator may not jeopardize either the
operational or fiscal integrity of Town government.
3.4 With respect to the actual, ongoing condition of the Town government’s
financial health, the Town Administrator may not cause or allow the
development of fiscal jeopardy or loss of budgeting integrity in accordance
with Board Objectives.
3.5 Within the scope of his/her authority and given available resources, the Town
Administrator shall not allow the Town’s assets to be unprotected,
inadequately maintained or unnecessarily risked.
3.6 In order to protect the Board from sudden loss of Town Administrator
services, the Town Administrator may have no less than two other member(s)
of the Town management team familiar with Board and Town Administrator
issues and processes.
3.7 The Town Administrator shall have an Emergency Preparedness Process in place for
the coordination of all emergency management partners – Federal, State, and local
governments, voluntary disaster relief organizations, and the private sector to meet
basic human needs and restore essential government services following a disaster.
3.8 With respect to employment, compensation, and benefits to employees,
consultants, contract workers and volunteers, the Town Administrator shall
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3
not cause or allow jeopardy to fiscal integrity.
3.9 The Town Administrator shall not permit the Board of Town Trustees to be
uninformed or unsupported in its work.
3.10 With respect to planning for and reporting on Capital Equipment and
Improvements Programs, the Town Administrator may not jeopardize either
operational or fiscal integrity of the organization.
3.11 With respect to Town government's quality of life for the community the
Town Administrator shall not fail to plan for implementing policies of the
Board regarding economic health, environmental responsibility and
community interests.
3.12 With respect to internal operating procedures, the Town Administrator will
insure that the Town may not fail to have internal procedures for the well
being of the Town to promote effective and efficient Town
operations.
POLICY TYPE: STAFF LIMITATIONS
POLICY 3.1 POLICY TITLE: CUSTOMER SERVICE
3.1 The quality of life in The Town of Estes Park depends upon the partnership
between citizens, elected officials and Town employees. Therefore, within the
scope of his/her authority, the Town Administrator shall not fail to ensure high
standards regarding the treatment of our citizens.
3.1.1 The Town Administrator shall not fail to encourage the following basic attitudes
in employees:
3.1.1.1 The Citizens of The Town of Estes Park deserve the best possible
services and facilities given available resources.
3.1.1.2 Prompt action is provided to resolve problems or issues.
3.1.1.3 Attention is paid to detail and quality service is provided that
demonstrates a high level of professionalism.
3.1.1.4 Each employee represents excellence in public service.
3.1.1.5 Each employee is “the Town” in the eyes of the public.
3.1.2 The success of Estes Park Town Government depends upon the partnership between
citizens, , elected officials and Town employees. Accordingly, regarding the treatment of
citizens and customers, the Town Administrator shall not:
3.1.2.1 Fail to inform citizens of their rights, including their right to due process.
3.1.2.2 Ignore community opinion on relevant issues or make material decisions
affecting the community in the absence of relevant community input.
3.1.2.3 Allow the community to be uninformed (or informed in an untimely basis)
about relevant decision making processes and decisions.
3.1.2.4 Be disorganized or unclear with respect to interactions with the community.
3.1.2.5 Ignore problems or issues raised by the community or fail to address them in
a timely manner.
3.1.2.6 Allow incompetent, disrespectful or ineffective treatment from Town
employees.
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3.1.2.7 Unduly breach or disclose confidential information.
POLICY TYPE: STAFF LIMITATIONS
POLICY 3.2 POLICY TITLE: TREATMENT OF STAFF
AND VOLUNTEERS
With respect to the treatment of paid and volunteer staff, the Town Administrator may not
cause or allow conditions which are unsafe, unfair or undignified.
Accordingly, pertaining to paid staff within the scope of his/her authority, the
administrator shall not:
3.2.1 Operate without written personnel policies that clarify personnel rules
for employees.
3.2.2 Fail to acquaint staff with their rights under this policy upon
employment.
3.2.3 Fail to commit and adhere to the policies of Equal Employment
Opportunity and Fair Labor Standards Act.
3.2.4 Fail to make reasonable efforts to provide a safe working environment
for employees, volunteers and citizens utilizing Town services
3.2.5 Operate without written volunteer policies that clarify the
responsibilities of volunteers and of the Town for all volunteers.
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POLICY TYPE: STAFF LIMITATIONS
POLICY 3.3 POLICY TITLE: FINANCIAL PLANNING
With respect for strategic planning for projects, services and activities with a fiscal impact,
the Town Administrator may not jeopardize either the operational or fiscal integrity of Town
government. Accordingly, the Town Administrator shall not allow budgeting which:
3.3.1. Deviates from statutory requirements.
3.3.2. Deviates materially from Board-stated priorities in its allocation among
competing budgetary needs.
3.3.3. Contains inadequate information to enable credible projection of
revenues and expenses, separation of capital and operational items,
cash flow and subsequent audit trails, and disclosure of planning
assumptions.
3.3.4. Plans the expenditure in any fiscal year of more funds than are
conservatively projected to be received in that period, or which are
otherwise available.
3.3.5. Reduces fund balances or reserves in any fund to a level below that
established by the Board of Town Trustees.
3.3.6. Fails to maintain a Budget Contingency Plan capable of responding to
significant shortfalls within the Town’s budget.
3.3.7. Fails to provide for an annual audit.
3.3.8. Fails to protect, within his or her ability to do so, the integrity of the
current or future bond ratings of the Town.
3.3.9. Results in new positions to staffing levels without specific approval of
the Board of Town Trustees. The Town Administrator may approve
positions funded by grants, which would not impose additional costs to
the Town in addition to the grant funds and any temporary positions for
which existing budgeted funds are allocated.
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POLICY TYPE: STAFF LIMITATIONS
POLICY 3.4 POLICY TITLE: FINANCIAL CONDITION AND ACTIVITIES
With respect to the actual, ongoing condition of the Town government’s financial health, the Town
Administrator may not cause or allow the development of fiscal jeopardy or loss of budgeting
integrity in accordance with Board Objectives. Accordingly, the Town Administrator may not:
3.4.1. Expend more funds than are available.
3.4.2. Allow the general fund and other fund balances to decline below twenty-
five percent of annual expenditures as of the end of the fiscal year,
unless otherwise authorized by the Board.
3.4.3. Allow cash to drop below the amount needed to settle payroll and debts
in a timely manner.
3.4.4. Allow payments or filings to be overdue or inaccurately filed.
3.4.5. Engage in any purchases wherein normally prudent protection has not
been given against conflict of interest and may not engage in purchasing
practices in violation of state law or Town purchasing procedures.
3.4.6. Use any fund for a purpose other than for which the fund was
established.
POLICY TYPE: STAFF LIMITATIONS
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POLICY 3.5 POLICY TITLE: ASSET PROTECTION
Within the scope of his/her authority and given available resources, the Town Administrator
shall not allow the Town’s assets to be unprotected, inadequately maintained or unnecessarily
risked.
Accordingly, he or she may not:
3.5.1. Fail to have in place a Risk Management program which insures against
property losses and against liability losses to Board members, staff and the
Town of Estes Park to the amount legally obligated to pay, or allow the
organization to be uninsured:
3.5.1.1 Against theft and casualty losses,
3.5.1.2 Against liability losses to Board members, staff and the town itself in
an amount equal to or greater than the average for comparable
organizations,.
3.5.1.3 Against employee theft and dishonesty.
3.5.2. Subject plant, facilities and equipment to improper wear and tear or
insufficient maintenance (except normal deterioration and financial
conditions beyond Town Administrator control).
3.5.3. Receive, process or disburse funds under controls insufficient to meet
the Board-appointed auditor’s standards.
3.5.4. Unnecessarily expose Town government, its Board of Town Trustees or
staff to claims of liability.
3.5.5 Fail to protect intellectual property, information and files from loss or
significant damage.
3.5.6 Acquire, encumber, dispose or contract for real property except as
expressly permitted in Town policy.
3.5.7 Allow internal control standards to be less than that necessary to satisfy
generally accepted accounting/auditing standards recognizing that the
cost of internal control should not exceed the benefits expected to be
derived.
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POLICY TYPE: STAFF LIMITATIONS
POLICY 3.6 POLICY TITLE: EMERGENCY TOWN ADMINISTRATOR REPLACEMENT AND BACK UP
In order to protect the Board from sudden loss of Town Administrator services, the Town
Administrator may have no fewer than two (2) other members of the Town management team
familiar with Board of Town Trustees and Town Administrator issues and processes.
3.6.1. The Assistant Town Administrator shall act in the capacity of Town
Administrator in his/her absence. In the absence of the Town
Administrator and Assistant Town Administrator a Town Department Head
previously designated by the Town Administrator will act in the capacity
of Town Administrator.
3.6.2. The Town Administrator shall provide the necessary training needed to
enable successful emergency replacement.
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POLICY TYPE: STAFF LIMITATIONS
POLICY 3.7 POLICY TITLE: EMERGENCY PREPAREDNESS
The Town Administrator shall have an Emergency Preparedness Process in place for coordination
of all emergency management partners – Federal, State, and local governments, voluntary disaster
relief organizations, and the private sector to meet basic human needs and restore essential
government services following a disaster.
3.7.1 The Town Administrator shall be responsible for the assigned
responsibilities identified in the Town of Estes Park Emergency
Operations Plan
3.7.2 The Town Administrator shall not fail to have a business continuity plan for
the Town.
3.7.3 In the event of an emergency, the Town Administrator shall not fail to take
appropriate action immediately to ensure the safety of the public and public
and private assets, including authorizing specific actions by Town staff and
declaring an emergency on behalf of the Board of Town Trustees
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POLICY TYPE: STAFF LIMITATIONS
POLICY 3.8 POLICY TITLE: COMPENSATION AND BENEFITS
With respect to employment, compensation, and benefits to employees, consultants, contract
workers and volunteers, the Town Administrator shall not cause or allow jeopardy to fiscal integrity
of the Town. Accordingly, pertaining to paid workers, he or she may not:
3.8.1. Change his or her own compensation and benefits.
3.8.2. Promise or imply permanent or guaranteed employment.
3.8.3. Establish current compensation and benefits which deviate materially
for the regional or professional market for the skills employed:
3.8.4. Establish deferred or long-term compensation and benefits.
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POLICY TYPE: STAFF LIMITATIONS
POLICY 3.9 POLICY TITLE: COMMUNICATION AND SUPPORT TO THE BOARD
The Town Administrator shall not permit the Board of Town Trustees to be uninformed or unsupported in its
work.
Accordingly, he or she may not:
3.9.1 Let the Board of Town Trustees be unaware of relevant trends, anticipated adverse
media coverage, material external and internal changes, and particularly changes in
the assumptions upon which any Board policy has been previously established.
3.9.2 Fail to submit monitoring data required by the Board (see policy on Monitoring Town
Administrator Performance in Board/Staff Linkage) in a timely, accurate and
understandable fashion, directly addressing provisions of Board policies being
monitored.
3.9.3 Fail to establish a process that brings to the Board of Town Trustees as many staff
and external points of view, issues and options as needed for informed Board choices
on major policy issues.
3.9.4 Present information in unnecessarily complex or lengthy form.
3.9.5 Fail to provide support for official Board of Town Trustees activities or
communications.
3.9.6 Fail to deal with the Board of Town Trustees as a whole except (a) when fulfilling
individual requests for information.
3.9.7 Fail to report in a timely manner any actual or anticipated noncompliance with any
policy of the Board of Town Trustees.
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POLICY TYPE: STAFF LIMITATIONS
POLICY 3.10 POLICY TITLE: CAPITAL EQUIPMENT AND IMPROVEMENTS PROGRAMMING
With respect to planning for and reporting on capital equipment and improvements programs, the
Town Administrator may not jeopardize either operational or fiscal integrity of the organization.
Accordingly, he or she may not allow the development of a capital program which:
3.10.1 Deviates materially from the Board of Town Trustees’ stated priorities.
3.10.2 Plans the expenditure in any fiscal period of more funds than are conservatively
projected to be available during that period.
3.10.3 Contains too little detail to enable accurate separation of capital and operational
start-up items, cash flow requirements and subsequent audit trail.
3.10.4 Fails to project on-going operating, maintenance, and replacement/perpetuation
expenses.
3.10.5 Fails to provide regular reporting on the status of the budget and on the progress
of each active project, including data such as changes and the financial status of
each project, including expenditures to date.
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POLICY TYPE: STAFF LIMITATIONS
POLICY 3.11 POLICY TITLE: GENERAL TOWN ADMINISTRATOR CONSTRAINT-QUALITY OF LIFE
With respect to Town government's quality of life for the community, the Town Administrator shall not
fail to plan for implementing policies of the Board regarding economic health, environmental
responsibility, and community interests.
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POLICY 3.12 POLICY TITLE: GENERAL TOWN ADMINISTRATOR CONSTRAINT –INTERNAL PROCEDURES
With respect to internal operating procedures, the Town Administrator will ensure that the Town has
internal procedures to promote effective and efficient Town operations.
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To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Jackie Williamson, Town Clerk
Date: April 3, 2013
RE: Classification & Compensation Study Contract
Background:
The Town Board approved funding for a Classification and Compensation study for
2013. The purpose of the study is to update the current Compensation Plan utilizing
accepted practices in the management and design of classification and compensation
systems, and to address changes in the Town’s operations and staffing over the last
several years, which may have affected the type, scope and level of work being
performed.
The objectives of the Town are 1) to attract and retain qualified workers who will be paid
equitable salaries; 2) to provide fair salaries for all workers of the Town; 3) ensure
positions performing similar work with essentially the same level of complexity,
responsibility, knowledge, skills and abilities are classified together; 4) provide salaries
commensurate with assigned duties; 5) clearly outlines promotional opportunities and
provides recognizable compensation growth; 6) provides justifiable pay differential
between individual classes; 7) maintains currency with relevant labor markets; and 8) to
provide the Town with a salary structure that enables the Town to maintain a
competitive position with other comparable municipalities and like industries.
The Town requested proposals from qualified firms with significant experience to assist
the Town in conducting a compensation and classification study during the month of
February and received 6 proposals, as outlined below:
Condrey and Associates, Athens, GA $34,500
ESM Consulting Services, Inc., Centennial, CO $30,895
Fox Lawson & Associates, Phoenix, AZ $50,000
HR Compensation Consultants, LLC, Boynton Beach, FL $29,565
Lee & Burgess Associates, LLC, Centennial, CO $18,750
Town Clerk’s Office Memo
Page 2
The Waters Consulting Group, Inc., Denver, CO $29,900
A review team consisting of a representative from each department provided feedback
on the evaluation criteria, which included the proposed services and costs of the
proposed services, statement of qualifications and experience, staffing, local, response
service and client/references. The review team unanimously selected ESM Consulting.
It was important to the review team that the consultant has an understanding of local
government as well as an understanding of Colorado. ESM’s president Eric Marburger
has worked extensively with local governments through his work with Mountain States
Employer Council, which the Town is a member. Reference checks also indicated a
strong knowledge of local government, mindful of budgetary limitations of municipalities,
and strong communication skills. Staff has negotiated a fee of $29,095 for the study. A
preliminary schedule has been discussed briefly with the consultant; however, a formal
meeting would take place the week of April 8th to finalize a schedule. It is the goal of
staff and the consultant to have final information available for the drafting of the 2014
budget this summer.
Budget:
$29,095 budgeted in accounts #101-1400-414-22-98 (Admin. Services), #502-6501-
560-22-98 (L&P), and #503-6500-560-22-98(Water)
Staff Recommendation:
Staff recommends contracting with ESM Consulting Services for a Classification and
Compensation study.
Sample Motion:
I move to approve/ a contract with ESM Consulting Services for a Classification and
Compensation study.
Consultant Contract 1 of 6
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES (this “Agreement”) is made and
entered into this ____ day of ____,_ 2013, by and between the Town of Estes Park, County of
Larimer, State of Colorado (the “Town”) and ESM Consulting Service, Inc. an independent
contractor (“Consultant”).
WHEREAS, the Town requires professional services related to the Classification and
Compensation Study for the Town of Estes Park; and
WHEREAS, Consultant has held itself out to the Town as having the requisite expertise
and experience to perform the required consulting services;
NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
I. SCOPE OF SERVICES
A. Consultant shall furnish all labor and materials required for the complete and
prompt execution and performance of its duties, obligations, and responsibilities (the “Work”)
which are described or reasonably implied in the Consultant’s proposal dated February 28,
2013, which is provided as Exhibit A (and the original “Request for Proposal, dated February 8,
2013”), both attached hereto and incorporated herein by this reference.
B. No material change to the Scope of Services, including any additional
compensation, shall be effective or paid unless authorized by written amendment executed by
the Town. If Consultant proceeds without such written authorization, then Consultant shall be
deemed to have waived any claim for additional compensation, including a claim based on the
theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided
herein, no agent, employee, or representative of the Town is authorized to modify any term of
this Agreement, either directly or implied by a course of action.
II. REPORTS, DATA, AND WORK PRODUCT
A. The Town shall provide Consultant with reports and such other data as may be
available to the Town and reasonably required by Consultant to perform the Scope of Services.
All documents provided by the Town to Consultant shall be returned to the Town. Consultant is
authorized by the Town to retain copies of such data and materials at Consultant's expense.
B. Other than sharing information with designated third parties as previously
directed by the Town, no project information shall be disclosed by Consultant to third parties
without prior written consent of the Town or pursuant to a lawful court order directing such
disclosure.
C. The Town acknowledges that the documents created by Consultant for the
Project, including but not limited to reports, and incidental work or materials (the “Work
Consultant Contract 2 of 6
Product”), are instruments of professional service. The Work Product shall become the property
of the Town upon completion of the Work. Consultant, however, shall retain its rights any
proprietary property and all rights to any intellectual property developed, utilized, or modified in the
performance of the Work.
D. Consultant shall provide to the Town electronic versions of the Work Product.
III. COMPENSATION AND FINAL SETTLEMENT
A. In consideration for the completion of the Work by Consultant, the Town shall pay
Consultant an amount equal to the firm-fixed price extended in Exhibit A, which is twenty-nine
thousand, ninety-five and 00/100 ($00,000). The amount specified herein shall include the
fees and expenses anticipated to be incurred by Consultant in performing all services
hereunder, as described in Exhibit A. The amount specified herein shall exclude the fees and
expenses anticipated to be incurred by others in performing the work described in Exhibit A.
B. If, on the basis of the Town’s observation of the Work and the Town's review of
the final invoice and accompanying documentation as required by this Agreement, the Town is
satisfied that the Work has been completed and Consultant’s other obligations under this
Agreement have been fulfilled, the Town will, within forty-five (45) days after receipt of the final
invoice pay the amount due. Otherwise, the Town will return the invoice to Consultant, indicating
in writing the reasons for refusing to schedule final settlement, in which case Consultant shall
make the necessary corrections and resubmit the invoice.
IV. COMMENCEMENT AND COMPLETION OF WORK
Following the execution of this agreement, the Consultant and the Town shall develop a
schedule for the completion of the study as outlined in the Scope of Services.
V. PROFESSIONAL RESPONSIBILITY
A. Consultant hereby warrants that it is qualified to perform the Work, holds all
professional licenses required by law to perform the Work, and has all requisite corporate
authority to enter into this Agreement.
B. The Work shall be performed by Consultant in accordance with generally
accepted professional practices and the level of competency presently maintained by other
practicing professional firms performing the same or similar type of work in the Denver metro
area. The Work shall be done in compliance with applicable federal, state, and local laws,
ordinances, rules and regulations.
C. Consultant shall be responsible for the professional quality, technical accuracy,
timely completion, and the coordination of all reports and other services furnished by Consultant
under this Agreement. Consultant shall, without additional compensation, correct or resolve any
errors or deficiencies in its reports and other services, which fall below the standard of
professional practice.
D. Because the Town has hired Consultant for its professional expertise, Consultant
agrees not to employ subcontractors to perform more than twenty percent (20 %) of the work
required under the Scope of Services. Upon execution of this Agreement, Consultant shall
Consultant Contract 3 of 6
furnish to the Town a list of proposed subcontractors, and Consultant shall not employ a
subcontractor to whose employment the Town reasonably objects.
VI. INSURANCE
A. Consultant agrees to procure and maintain, at its own cost, a policy or policies of
insurance sufficient to insure against all liability, claims, demands, and other obligations
assumed by Consultant pursuant to this Agreement. Such insurance shall be in addition to any
other insurance requirements imposed by law.
B. Consultant shall procure and maintain, and shall cause any subcontractor of
Consultant to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurers acceptable to the Town.
In the case of any claims-made policy, the necessary retroactive dates and extended reporting
periods shall be procured to maintain such continuous coverage.
1. Worker's compensation insurance to cover obligations imposed by
applicable law for any employee engaged in the performance of work under this
Agreement, and Employer's Liability insurance with minimum limits of five hundred
thousand dollars ($500,000) each accident, five hundred thousand dollars ($500,000)
disease – policy limit, and five hundred thousand dollars ($500,000) disease – each
employee. Evidence of qualified self-insured status may be substituted for the worker's
compensation requirements of this paragraph.
2. Commercial and Automobile liability insurance with minimum combined
single limits of one million dollars ($1,000,000) each occurrence and one million dollars
($1,000,000) general aggregate. The policy shall be applicable to all premises and
operations. The policy shall include coverage for bodily injury, broad form property
damage (including completed operations), personal injury (including coverage for
contractual and employee acts), blanket contractual, independent contractors, products,
and completed operations. The policy shall contain a severability of interest provision,
and shall be endorsed to include the Town and the Town's officers, and employees as
additionally insured. No additional insured endorsement shall contain any exclusion for
bodily injury or property damage arising from completed operations.
C. Any insurance carried by the Town, its officers, its employees, shall be excess
and not contributory insurance to that provided by Consultant. Consultant shall be solely
responsible for any deductible losses under any policy.
D. Consultant shall provide to the Town a certificate of insurance, completed by
Consultant's insurance agent, as evidence that policies providing the required coverages,
conditions, and minimum limits are in full force and effect. The certificate shall identify this
Agreement and shall provide that the coverages afforded under the policies shall not be
cancelled, terminated, or materially changed until at least thirty (30) days prior written notice has
been given to the Town. The Town reserves the right to request and receive a certified copy of
any policy and any endorsement thereto.
E. Failure on the part of Consultant to procure or maintain the insurance required
herein shall constitute a material breach of this Agreement upon which the Town may
immediately terminate this Agreement, or at its discretion, the Town may procure or renew any
such policy or any extended reporting period thereto and may pay any and all premiums in
Consultant Contract 4 of 6
connection therewith, and all monies so paid by the Town shall be repaid by Consultant to the
Town upon demand, or the Town may offset the cost of the premiums against any monies due
to Consultant from the Town.
VII. INDEMNIFICATION
Consultant agrees to indemnify and hold harmless the Town and its officers, insurers,
volunteers, representatives, agents, employees and assigns from and against all claims, liability,
damages, losses, expenses and demands, including attorney's fees, on account of injury, loss, or
damage, including, without limitation, claims arising from bodily injury, personal injury, sickness,
disease, death, property loss or damage, which arise out of the negligent act, omission, error,
professional error, mistake, negligence, or other negligent fault of Consultant, any subcontractor
of Consultant, or any officer, employee, representative, or agent of Consultant or of any
subcontractor of Consultant, or which arise out of any workmen's compensation claim of any
employee of Consultant or of any employee of any subcontractor of Consultant. In any and all
claims against Town or any of its officers, insurers, volunteers, representatives, agents,
employees or assigns, by any employee of Consultant, any subcontractor of Consultant, anyone
directly or indirectly employed by any of them or anyone for whose act any of them may be liable,
the indemnification obligation under this Section VII shall not be limited in any way by any limitation
on the amount or type of damages, compensation or benefits payable by or for Consultant or any
subcontractor under worker’s compensation actions, disability benefit acts or other employee
benefit acts. In the event it becomes necessary for the Town to bring any action to enforce any
provision of this Agreement or to recover any damages the Town may incur as a result of the
breach of this Agreement, including, but not limited to, defective work, and the Town prevails in
such litigation, Consultant shall pay the Town its reasonable attorneys’ fees as determined by the
court.
VIII. TERMINATION
This Agreement shall terminate at such time as the Work is completed and the
requirements of this Agreement are satisfied, or upon the Town's providing Consultant with
seven (7) days advance written notice, whichever occurs first. If the Agreement is terminated by
the Town's issuance of written notice of intent to terminate, the Town shall pay Consultant the
reasonable value of all work previously authorized and completed prior to the date of
termination. If, however, Consultant has substantially or materially breached this Agreement,
the Town shall have any remedy or right of set-off available at law and equity. If the Agreement
is terminated for any reason other than cause prior to completion of the Work, any use of
documents by the Town thereafter shall be at the Town's sole risk, unless otherwise consented
to by Consultant.
Nothing herein shall constitute a multiple fiscal year obligation pursuant to Colorado
Constitution, Article X, Section 20. Notwithstanding any other provision of this Agreement, the
Town’s obligations under this Agreement are subject to annual appropriation by the Town Board
of the Town. Any failure of the Town Board annually to appropriate adequate monies to finance
the Town’s obligations under this Agreement shall terminate this Agreement at such time as
such then-existing appropriations are to be depleted. Notice shall be given promptly to
Consultant of any failure to appropriate such adequate monies.
IX. CONFLICT OF INTEREST
Consultant Contract 5 of 6
The Consultant shall disclose any personal or private interest related to property or
business within the Town. Upon disclosure of any such interest, the Town shall determine if the
interest constitutes a conflict of interest, including Section V-E. If the Town determines that a
conflict of interest exists, the Town may treat such conflict of interest as a default and terminate
this Agreement.
X. INDEPENDENT CONTRACTOR
Consultant is an independent contractor. Notwithstanding any other provision of this
Agreement, all personnel assigned by Consultant to perform work under the terms of this
Agreement shall be, and remain at all times, employees or agents of Consultant for all
purposes. Consultant shall make no representation that it is a Town employee for any
purposes.
XI. MISCELLANEOUS
A. Governing Law and Venue. This Agreement shall be governed by the laws of the
State of Colorado, and any legal action concerning the provisions hereof shall be brought in
Larimer County, Colorado.
B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or
breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms
or obligation of this Agreement.
C. Integration. This Agreement and any attached exhibits constitute the entire
Agreement between Consultant and the Town, superseding all prior oral or written
communications.
D. Third Parties. There are no intended third-party beneficiaries to this Agreement.
E. Notice. Any notice under this Agreement shall be in writing, and shall be deemed
sufficient when directly presented or sent pre-paid, first class United States Mail, addressed as
follows:
The Town: Town of Estes Park
Administrative Services Department
PO Box 1200
Estes Park, CO 80517
970-577-4771
Consultant: Consultant
Contact name
Address
Address
Phone number
F. Severability. If any provision of this Agreement is found by a court of competent
jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall
remain in full force and effect.
Consultant Contract 6 of 6
G. Modification. This Agreement may only be modified upon written agreement of
the parties.
H. Assignment. Neither this Agreement nor any of the rights or obligations of the
parties hereto, shall be assigned by either party without the written consent of the other.
I. Governmental Immunity. The Town, its officers, and its employees, are relying
on, and do not waive or intend to waive by any provision of this Agreement, the monetary
limitations (presently one hundred fifty thousand dollars ($150,000) per person and six hundred
thousand dollars ($600,000) per occurrence) or any other rights, immunities, and protections
provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as
amended, or otherwise available to the Town and its officers or employees.
J. Rights and Remedies. The rights and remedies of the Town under this
Agreement are in addition to any other rights and remedies provided by law. The expiration of
this Agreement shall in no way limit the Town's legal or equitable remedies, or the period in
which such remedies may be asserted, for work negligently or defectively performed.
K. Binding Effect. The Town and Consultant each bind itself, its successors and
assigns to the other party to this Agreement with respect to all rights and obligations under this
Agreement. Neither the Town nor Consultant shall assign or transfer its interest in this
Agreement without the written consent of the other.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
first set forth above.
OWNER: CONSULTANT:
TOWN OF ESTES PARK, COLORADO _____________________________
By: ______________________________ By: __________________________
Mayor
Title: Principal
Address: _____________________
_____________________________
ATTEST: ATTEST:
By: ______________________________ By: __________________________
Town Clerk
(SEAL) (SEAL)
Other Partners:
_________________________________ _____________________________
ESM Consulting Services, Inc.
Human Resource, Compensation and Trai ning Services for the Public and Private Sectors
PO Box 3505, Centennial, CO 80161 www.esmconsulting.net
303.995.4405 303.730.9870 (fax) eric@esmconsulting.net
February 28, 2013
Town of Estes Park
170 MacGregor Avenue
Estes Park, Colorado 80517
Dear Ms. Williamson, Ms. Spallinger and Selection Committee Members:
ESM Consulting Services, Inc. is excited for the opportunity to bring our skills and experience to
this project. ESM Consulting understands the importance of maintaining great staff which
results in great services. Not only is Estes Park “A Great Place to Visit, A Great Place to Live”,
but would like to add “A Great Place to Work”. We have a team that has recent and vast
project experience on similar projects.
We understand the Town’s goal of updating the current rewards structure utilizing accepted
practices in the management and design of classification and compensation systems, and
addressing changes in the Town’s operations and staffing over the last several years.
Coordination with the Town will be important for the success of this project. Our team has
experience working with this type of project as well as this size of local government.
I will serve as the Project Principal and will ensure that the Town of Estes Park is fully supported
by our experienced staff, while continually monitoring the budget and project goals. I will also
coordinate the efforts of our team.
Our team is committed to delivering all projects on time and within budget while meeting the
goals of our clients. ESM Consulting would like to be a part of your team and help make your
vision a reality. We look forward to providing our services to you and in discussing the sc ope of
work presented in this proposal. If additional information or clarification is needed to support
our submittal, please do not hesitate to contact me at.
Sincerely,
Eric S. Marburger
Eric S. Marburger
ESM Consulting Services Town of Estes Park Proposal Response
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Table of Contents
A. Title Page ........................................................................................................................................ 2
B. Proposed Services & Cost of Proposed Services ............................................................................... 3
C. Statement of Qualifications & Experience ....................................................................................... 8
D. Staffing ............................................................................................................................................ 9
E. Local ................................................................................................................................................ 9
F. Response Service ............................................................................................................................. 9
G. Clients/References......................................................................................................................... 11
H. Statement of Assurance ................................................................................................................ 12
I. Insurance ....................................................................................................................................... 12
J. Interviews ...................................................................................................................................... 12
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A. Title Page
February 28, 2013
ESM CONSULTING SERVICES INC
PO BOX 3505
CENTENNIAL, CO 80161
DIRECT CONTACT NUMBER: 303-995-4405
1. All data presented in this proposal is accurate and complete
2. Acknowledgement that the proposer has read and understood the RFP and the proposal is made
in accordance with the contents of the RFP unless otherwise noted in the proposal
3. The proposal shall be valid for 90 days after submission of the proposal
4. The cost of submittals and any related expenses, including travel for interviews or inspection,
shall be entirely the responsibility of the proposer.
5. The discovery of any significant inaccuracy in information submitted by the proposer shall
constitute good and sufficient cause for rejection of the proposal.
Eric S. Marburger
__________________________________________
Eric S. Marburger, President
ESM Consulting Services, Inc.
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B. Proposed Services & Cost of Proposed Services
1. Approach to the performance of the Study and satisfaction of Town’s requirements.
Classification Plan
The steps listed in the “Scope of Services” section of the RFP present a good outline of a sound
approach to developing a classification plan. ESM Consulting has successfully used similar processes
in working with a variety of municipalities and special districts over the past twelve years.
ESM Consulting does not presume that there is only one proper w ay to conduct such a review. We
expect to have robust discussions with the Town about what would make the most sense for the
Town, given its structure, culture, resources and objectives. There are pros and cons to creating
Class Specifications and we would want to explore those together to ensure that the Town receives
the best possible product. The Classification Plan is the Town’s document that should assist the
Town manage its workforce and that is what ESM Consulting would be committed to providing.
Our approach to satisfying the Town requirements includes performance of the following services:
Project Launch
The project launch phase ensures that the Town and ESM Consulting agree on a process that meets
all the project objectives, efficiently uses Town employee’s time, minimizes overall costs, keeps all
interested parties informed, and can be refined as the project proceeds.
ESM Consulting meets with designated Town representatives to understand the specific
issues driving this project, agree upon the specific approaches to be taken, develop a
mutually agreed upon timeline, review Position Description Questionnaire (PDQ) guidelines
and other project materials. We will mutually develop a communications plan for
introducing the project to employees and Town leadership; gathering data and feedback
from employees and managers; disseminating information as the project progresses and
presenting both the preliminary and final Classification Plan.
ESM Consulting meets with all interested stakeholders per the agreed upon communications
plan. This may include
o Meetings with Town leadership, Department Heads and mid-management to
introduce ourselves, discuss the purpose of the study and review the project
materials and methodology.
o Meetings with employees to introduce ourselves, discuss the purpose of the study,
thoroughly review the project materials and explain their expected participation in
the process. Compensation studies tend to be unsettling for employees so we will
use this time to quell any unfounded concerns.
o A “FAQ” document that Town Staff can use. This can be web-based, printed or in
other formats that best serve the staff’s needs.
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Information Gathering
The information gathering phase uses a combination of written Position Description Questionna ires
(PDQs), individual and group interviews, focus groups, desk audits and follow-up phone calls/e-mails
to ensure that all interested parties have input to the process.
The Town provides ESM Consulting with all current job descriptions.
ESM Consulting uses the PDQ guidelines agreed upon during project launch and the current
job description to develop the final PDQ. The PDQ will be tailored to the type of
information needed to update the Town’s job descriptions and to provide enough data so
that accurate market matches can be made. We find that relatively short PDQs are
sufficient to gather this information without wasting Town staff completing paperwork that
will not be needed.
The Town employees complete the PDQs. Supervisors and other managers review and add
their comments to the PDQs. The completed and approved PDQ’s are sent to ESM
Consulting. We prefer to collect data electronically for efficiency and to use fewer
resources.
Once the completed and approved PDQ’s are received, ESM Consulting will schedule a
combination of desk audits, employee interviews, group interviews and supervisory
discussions. The purpose of these events is to verify information, answer questions that we
have about the information and to ensure that Town Staff are eng aged in the entire
process. We have found the group interviews or focus groups to be particularly useful to
hear directly from employees about their concerns about the current status. We will seek
feedback about classification and pay in these focus groups, as well as impart information
about the process. In addition, we may have simple questions that are easily answered with
a phone call or e-mail.
Analysis & Draft Classification Plan
During this phase, the information gathered is compiled, analyzed and used to develop the initial
Classification Plan.
ESM Consulting uses the information received to update the Town job descriptions as
mutually agreed.
ESM Consulting understands that the Town would like jobs grouped into “Class
Specifications” or Job Families (administrative, technical, supervisory, etc.). Grouping
similar positions can help the Town achieve several of the stated objectives of this project.
Grouping allows for the Town to have readily identified career paths for ambitious
employees to follow. Grouping also allows for pay levels to be much more market sensitive
if that is the Town’s desire. In addition, the Town may decide to create different pay
structures for each grouping. Lastly, it allows for some common items to be identified by
Job Family. For example, perhaps all jobs in a certain Family must be required to be “on -call”
or must have a certain minimum qualification. By identifying issues by Job Family, the job
descriptions can be simpler and easier to maintain. It is anticipa ted that the Town and ESM
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consulting will discuss the pros and cons of these options and the Town will decide on the
best approach.
As appropriate, positions will be placed within a “series” of positions to facilitate
promotional opportunities and ease of reclassifications.
Assuming positions are grouped into Job Families or Class Specifications, ESM Consulting
places each position into a grouping subject to Town approval.
ESM Consulting will recommend the Fair Labor Standards Act (FLSA) overtime status for
each position (exempt, non-exempt, non-covered).
ESM Consulting will provide recommendations concerning any organizational structure,
policies/practices or reporting relationships that we feel should be changed in order for this
project to be as successful as possible.
Review & Final Classification Plan
During this phase, the draft recommendations are reviewed and revised.
The Town will review all revised job descriptions and Class Specification/Job Families for
comment and revisions.
ESM Consulting will finalize the job descriptions and Class Specification/Job Families. The
finalized descriptions as well as the additional data gained during this classification plan
update, will guide us in our review of wage surveys.
Ongoing Updates
ESM Consulting is able to provide weekly updates to the Town about the status of the
project or as needed. It is expected that this will occur throughout the project.
Compensation Survey
Our approach to satisfying the Town requirements includes performance of the fol lowing services
and recommendations:
Development of Pay Philosophy
ESM Consulting will work with the Town to develop a pay philosophy. This should be done
early on in the process. It is recommended that ESM Consulting lead a discussion(s) with
selected Town leaders to develop/redefine the Town’s pay philosophy. We will provide
options, facilitate the discussion and finalize the Town’s thoughts and wishes into a pay
philosophy. This philosophy will drive much of the remaining Compensation Survey work.
The philosophy will define the labor market; determine how market sensitive the Town
wishes to be and how employees will move through the new pay structure.
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Labor Market Compensation Survey
ESM Consulting will work closely with the Town to define the labor market that the Town
desires to use to compare itself. There are many approaches that could be taken and these
should be thoroughly reviewed with ESM Consulting providing options, guidance with pros
and cons and context in which the Town would make a decis ion.
In an effort to maintain the costs of the study, it is recommended that the Town use existing
wage and benefits surveys that exist from the Colorado Municipal League and, if members,
of the Mountain States Employers Council (MSEC). This should provide more than enough
data upon which to establish a compensation structure and a review of fringe benefits.
It is noted that the Town has struggled to receive and react to valid market data over the
past few years. One key is to develop a broad enough mark et that data is readily available
and the market can remain consistent from year to year.
Salary Range Recommendations
In conjunction with guidance from the Town leadership, the ESM Consulting will develop
options for the Town to consider in terms of the pay structure(s), the development of
potential pay families, job grading, pay ranges and the structure of such pay tools. The
options will be driven by the Town’s decisions made concerning market sensitivity, internal
equity and the culture and values of Town government.
It is the normal practice of ESM Consulting to match as many positions with the market as
possible. We believe that more data is helpful in creating as robust a pay plan as possible.
The structure of the pay plan(s) will be determined by the Town after discussion with ESM
Consulting and a review of advantages and disadvantages of each structure. It may be that
different Pay Families have different pay structures. For example, it is common to find
“Open Ranges” (similar to what the Town currently has) for many positions, while finding a
“Step Plan” for Public Safety. We have also developed “hybrid” plans where there are a few
steps for employees, but then an open range after a certain point in the pay structure.
These are not recommendations, but simply examples of options that the Town may wish to
consider.
Draft pay structures will be presented to the Town for review and approval. Once approved,
each position and employee must be reviewed to determine how any changes to the
Classification and Compensation Plans will affect them. The Town also needs to be aware of
the overall cost of any changes. It is suggested that ESM Consulting work with Town Staff in
this determination. We have found it helpful to have Town Staff conduct the bulk of the
analysis as this provides them with a solid foundation and understanding of the plan and its
design. It also helps identify any “glitches” that may have been missed in the planning
process and allows us to fine tune those before the changes are communicated to Staff.
Review of Benefit Plan
ESM Consulting will offer to review the Town’s Fringe benefit package and make
recommendations concerning the Town’s competitiveness with comparable labor markets.
Specific benefit information is not as readily availabl e as wage data and it may be necessary
to develop a specialized survey and solicit responses from other specific organizations. This
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section shall be priced with an option to conduct a special survey and to use existing data. It
should also be noted that it is very difficult to compare benefits on an “apples to apples
basis”. For example, Town A may have a plan that costs the employees a high percentage,
but has very low-payments or co-insurances. Town B may have a very inexpensive plan for
employees, but the plan does not provide very good benefits, while Town C may have a high
deductible plan that has a very high deductible and may cover 100% of costs after the
deductible is met. That being said, ESM Consulting will provide an assessment of each
primary fringe benefit that is offered and compare its level with those other entities.
Study Conclusion
Written Reports
ESM Consulting will provide a written report of all methodology, data collected and
materials used in the development of the Plan. This includes all worksheets and job
matching. This information, with some training, allows the Town to update the
compensation plan on an annual or bi-annual basis.
Instructional Information
ESM Consulting believes in teaching and mentoring organizations and believes it is not an
appropriate use of public funds to pay for services that can easily be accomplished with
existing resources. ESM Consulting has developed this relationship with several other public
organizations and has helped organizations reduce the time needed from outside
consultants. We also have served an oversight role, wherein internal staff conducts the
majority of technical work and the work is audited or reviewed by ESM Consulting to
determine that the technical work is sound.
Ongoing Presentations
ESM Consulting is happy to present the results and methodology of the review to the Town
Board, Town leadership and employees. In conjunction with Town Staff, a communications
plan should be developed to assist in this process. We believe in open communications with
Staff. We have found the when information is held within HR or with any consultant, that
any distrust amongst employees bubbles to the front, potentially sabotaging the
effectiveness and long term benefit of the study and new plan.
2. Description of the services proposed including work and/or inputs required by Town
Much of the services that will be performed are described above. As part of providing these services
the following assumptions have been made:
The Town has existing job descriptions for all of the positions listed in Section IX of the RFP.
The Town will provide timely responses to all questions and data requests
There will be some type of Steering Committee or key Town sponsor appointed by the Town
to help develop a pay philosophy and guide and oversee ESM Consulting in our
accomplishment of all of the mutually agreed upon aspects of the project.
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There will be on site meetings to develop the pay philosophy, review the development and
status of documents, review job matching recommendations, present interim and final
presentations.
The Town will make every effort to schedule on-site meetings to effectively utilize ESM
Consulting’s time and to “bunch” meetings as much as possible.
3. Final product and reports to be presented at the completion of the study
It is anticipated that several “final presentations” will made to a variety of Town stakeholders. The
Town sponsor will receive a report detailing all of the methodology used by ESM Consulting with
included worksheets, pay schedule(s) and all job descriptions/class specifications that have been
developed. We prefer to submit a draft report to the Town sponsor for its review and then finalize
the report after the Town has an opportunity to submit its comments.
A review of all Town fringe benefits would be conducted with an assessment as to the
competitiveness of each benefit provided.
Everything produced by ESM Consulting is the property of the Town. ESM Consulting reserves the
right to maintain this same information for future use.
4. Cost of Service and pricing information
For all work described in Classification Plan above, ESM Consulting would charge a total of $16,375.
This cost assumes that ESM Consulting will perform edits to every job description.
For all work described in Compensation Survey, ESM Consulting would charge a total of $14,520.
Should the Town find that a special benefits survey of targeted entities needs to be conducted an
additional $2,000 would be charged.
The production of final documents, presentations, a communications plan and other miscellaneous
tasks are included in the above costs.
C. Statement of Qualifications & Experience
ESM Consulting Services, Inc. was formed in 1999 with the philosophy of providing expert and
professional human resource and consulting services to small to mid-sized public agencies. ESM
Consulting Services, Inc. has provided classification and compensation services to public agencies
throughout Colorado and the Front Range. For 12 years, the President of ESM Consulting Services,
Eric Marburger, also provided identical services to members of the Mountain States Employers
Council and worked with dozens of local governments from 2000 to 2012.
There is nothing in the Town of Estes Park’s RFP that have not been accomplished by ESM
Consulting and its associates. Please see the details of clients served under Section G below.
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D. Staffing
ESM Consulting would provide the following staff to work with the Town of Estes Park:
Eric Marburger, President and Senior Consultant: Eric has speci alized in professional public
sector human resources and compensation consulting for over 20 years. He formed ESM
Consulting Services in 1999 and performed consulting work for the Mountain States Employers
Council for 12 years. Eric served as the Director of Human Resources for El Paso County,
Colorado, for the City of Hagerstown, MD and has served as an Interim HR Leader for many
public sector organizations.
Eric holds professional certifications from the Society for Human Resources Management (SPHR)
and from the International Public Management Association for Human Resources (IPMA-CP). His
Master’s in Business Administration is from Hood College.
Barbara Phillips, Analyst: Barbara has over 30 years of experience working in the information
management field. She has worked for the Library of Congress, University of California at Los
Angeles, and various private information management companies. Barbara has conducted
workflow studies and systems analyses for numerous municipal libraries. Most recently she has
worked on HR projects for several local governments including significant classification projects
in the Denver area. Barbara holds a Bachelor of Arts in Political Science and a Masters of Library
Science from UCLA.
Kris McDaniel, Technical Support: Kris has served a variety of executives as an administrative
assistant in the public sector for over 15 years. Kris specializes in project coordination, data
collection and analysis, document preparation, formatting and management. Kris has achieved
expert status in a variety of software packages and would ensure that our work products meet
your needs.
E. Local
ESM Consulting Services Inc. is incorporated in Centennial, Colorado and its staff is located
throughout the Denver Metro region.
F. Response Service
ESM Consulting Services thrives in local government and its staff has provided services to over 50
local governments in Colorado. We absolutely guarantee than none of our clients will express any
concern about our timeliness or our responsiveness. We respect the fact that we are being paid with
tax dollars and are committed to providing valuable services.
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We do not pretend to know the answers before we start a project. Rather, we listen to our clients
while developing sound methodologies to our clients concerns. What is important in Boulder or
Aurora may not be important to Estes Park. We will take the time to get to know the Town and will
respect the culture that the Town is trying to impart. We will present options that will be designed
to meet your needs. We understand that the Town has to live with, defend and support the
products that we develop and help implement. We know if we leave the Town with substandard
product then we will not be hired again by the Town and that is not how we do business.
In an effort to speak to Section II, Town’s Purpose and Objectives, as described on page
three of the Request for Proposal, ESM Consulting Services offers the following:
1) To attract and retain qualified workers who will be paid equitable salaries:
Pay and benefits are essential for recruitment and retention of employees. The question becomes
who we define equitable. That is an important philosophical question that we will help Town
leadership answer.
2) To provide fair salaries for all workers of the Town:
Fairness can be defined in many ways and interpreted by Staff in many ways. In our experience, the
key issue here is to clearly communicate the pay plan and its development with employees in an open
manner. If the plan is well structured and communicated, rumors and the perception of “unfairness”
can be mitigated.
3) Ensure positions performing similar work with essentially the same level of complexity, responsibility
knowledge skills and abilities are classified together:
This addresses the concept of “internal equity”. As we develop the philosophical underpinnings of the
compensation plan, one key question is “Does the Town wish to be more market sensitive or more
sensitive to internal equity?” For positions that do not have available market data, the internal eq uity
comparison becomes key to aligning positions properly. ESM Consulting Services prefers to align
these positions in conjunction with Town leadership in a simple easily explainable manner.
4) Provide salaries commensurate with assigned duties:
Regardless of the decision to align positions with market or internal equity, salaries must be
defensible and well explained to all Town Staff and elected officials.
5) Clearly outline promotional opportunities and provides recognizable compensation growth:
ESM Consulting Services has had success with building career ladders and different levels of positions
within job families. As important as pay and benefits is to employee retention, is the ability to
advance in any organization. Any plan should allow for such upward movement and commensurate
salary increases that are reasonable and prudent. Upward movement can be a function of many
variables (performance, certifications and licenses, time in grade, etc.) and we would help develop a
system that rewards the variables that the Town seeks to recognize.
6) Provides justifiable pay differential between individual classes:
This issue relates to the structure of the pay schedule(s). A well designed pay structure will provide
reasonable pay distinctions and the ability to advance between pay levels based on pre-determined
criteria. The Town may wish to have one pay structure or multiple pay structures based on different
occupational groupings.
7) Maintains currency with relevant labor markets:
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A key, early decision is to define the labor market with whom the Town wishes to compare itself.
Once the market is defined, it is a maintenance function to keep the pay structure(s) current. This can
be done by the Town in the future with minimal assistance from a consultant. The aging of data may
also be used to ensure the structure is up to date.
8) To provide the Town with a salary structure that enables the Town to maintain a competitive position
with other comparable municipalities and like industries:
This is the essence of the work that the Town is seeking. The Town should be an active participant in
the key, early decisions that will guide ESM Consulting in its work. The pay plan must accomplish this
objective while providing the Town with enough flexibility so that its fiscal responsibilities can be met.
You will enjoy our flexibility to meet your deadlines and the need of your leaders, your staff and
your elected officials.
G. Clients/References
Eric Marburger has led professional compensation projects work with the following organizations as
a President of ESM Consulting Services, Inc. or as a Senior Consultant with the Mountain States
Employers Council
Aspen Valley Hospital, Aspen, Colorado (AVH is a Special District, public hospital)
Initial compensation plan redesign and annual updates, 2006 – present
Alicia Miller, Human Resources Director
970-544-1367
City of Arvada, Colorado
Extensive compensation study, reclassifications as needed, administrative classification
restructuring, 2008 – present
Gabriella Bommer, Compensation and Benefits Manager
720-898-7561
Metro Wastewater Reclamation District, Denver, Colorado
Annual market adjustment, executive compensation, annual job audits 2005 – 2011
Dan Schaeffer, Human Resources Officer
303-286-3234
Town of Erie, Colorado
Initial redesign of entire system and annual market updates, 2002 – present
Jan Sloat, Human Resources Manager
303-926-2745
Town of Snowmass Village, Colorado
Redesign of compensation system, wage and benefit market survey, reclassifications as
needed, 2006 – present
Marianne Rakowski, Director of Finance
970-923-3796
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The Town should also feel free to contact any of the public sector clients for whom we have
provided compensation and classification assistance listed below:
City of Commerce City Commerce City, Colorado
Extensive redesign of compensation system 2005
City of Laramie Laramie, Wyoming
Redesign of entire compensation system 2007
Colorado Water Resources and Power Development Authority Denver, Colorado
Bi-annual market reviews of compensation system 2006 – 2010
Eagle River Fire Protection District Avon, Colorado
Redesign of compensation system and annual updates 2005 – present
North Table Mountain Water and Sanitation District Golden, Colorado
Redesign of compensation system and annual updates 2006 – 2009
Town of Carbondale Carbondale, Colorado
Redesign of compensation system and annual updates 2006 - 2009
Town of Superior Superior, Colorado
Market review and redesign of compensation plan 2005
Urban Drainage and Flood Control District Denver, Colorado
Annual market updates and executive compensation review/updates 2005 – 2009
H. Statement of Assurance
ESM Consulting Services, Inc. and all of its representatives are not currently, nor have ever been, in
violation of any regulatory agency rules.
I. Insurance
ESM Consulting Services, Inc. will maintain the required levels of insurance for the duration of the
contract.
J. Interviews
ESM Consulting Services, Inc. welcomes the opportunity to meet with the Town and review our
proposal in as much detail as would suit the Town.
RFP Employee Classification & Compensation 1
REQUEST FOR PROPOSALS
Employee Classification & Compensation Study
For Town of Estes Park, Colorado
February 8, 2013
All questions regarding this RFP shall be directed to:
Jackie Williamson
Administrative Services Director
(970) 577-4771
jwilliamson@estes.org
Or
Amy Spallinger
Human Resource Generalist
(970) 577-4775
aspallinger@estes.org
170 MacGregor Ave.
Estes Park, CO 80517
RFP Employee Classification & Compensation 2
SECTION I
REQUEST FOR PROPOSAL (RFP) / PROJECT OVERVIEW
The Town of Estes Park (herein referred to as Town) is requesting proposals from
qualified firms with significant experience to assist the Town in conducting a n employee
classification and compensation study. The Town’s Administrative Services Department
is the Project Representative and will oversee all aspects of the selection process.
For the purpose of this RFP and anticipated Agreement for Services, “Comp Plan”
means both the Town’s Employee Classification and Compensation Plan, unless the
context clearly indicates otherwise.
The Town expects to select and contract with one firm to provide all of the components
described in this Request for Proposals (RFP). The Town may choose not to select any
firm to provide the Comp Plan services or may elect to reject all proposals. The Town is
an equal opportunity, affirmative action employer, does not discriminate because of
race, religion, color, sex, national origin, sexual orientation, marital status, age if the
individual is 18 years of age or older, disability or any other factors protected by law.
The Town Board has the ultimate authority to approve any proposal and to authorize
execution of the negotiated agreement.
The firms responding to this RFP should be prepared to cooperate fully with the Town,
its staff and the Project Representative throughout the entire selection process.
RFP Employee Classification & Compensation 3
SECTION II
PURPOSE AND OBJECTIVES
The purpose of the study is to update the current Comp Plan utilizing accepted
practices in the management and design of classification and compensation systems,
and to address changes in the Town’s operations and staffing over the last several
years, which may have affected the type, scope and level of work being performed .
The objectives of the Town are 1) to attract and retain qualified workers who will be paid
equitable salaries; 2) to provide fair salaries for all workers of the Town;3) ensure
positions performing similar work with essentially the same level of complexity,
responsibility, knowledge, skills and abilities are classified together; 4) provide salaries
commensurate with assigned duties; 5) clearly outlines promotional opportunities and
provides recognizable compensation growth; 6) provides justifiable pay differential
between individual classes; 7) maintains currency with relevant labor markets; and 8 ) to
provide the Town with a salary structure that enables the Town to maintain a
competitive position with other comparable municipalities and like industries.
RFP Employee Classification & Compensation 4
SECTION III
BACKGROUND
The Town is a small mountain valley community abutting Rocky Mountain National Park
with approximately 6,000 residents and over 12,000 residing within the valley. The
Town’s main economic driver is tourism with over 3 million guests visiting Rocky
Mountain National Park and a number of other guests visiting the Town from nearby
communities in Northern Colorado. The Town is a full-service community providing
police and dispatch services to a number of entities within the valley, public works
including fleet, parks, and streets, utilities, and community services including a museum ,
senior center, special events and visitor services.
Administrative Services provides services to approximately 125 full and part -time
employees and 40 to 50 seasonal employees with one director and one human
resource generalist. The Town does not currently ha ve any bargaining units.
The Comp Plan for the Town consists of assigning various grades,based upon levels of
responsibility,nature of decisions made on the job,and qualifications.The Town does
not have a formal classification system or job families.Employees move through
respective grades on the basis of job performance.
Annually, the Town evaluates market conditions to determine if an overall adjustment to
the Comp Plan is warranted. Commonly referred to as a cost -of-living adjustment, the
overall Comp Plan adjustment is primarily intended to recognize changes to consumer
prices that may have an impact upon an employee’s buying power and, to a lesser
extent, Comp Plan adjustments granted by comparable communities .
The Town operates on a pay-for-performance system and evaluates each employee
annually. The Board of Trustees may authorize a merit pool annually to be allocated
based on an employee’s performance. Merit is added to the base pay for employees
that have not reached the top of the range for their grade, and all others are paid a one -
time lump sum check.
No overall adjustment has been made to the Comp Plan in the past few years; however,
a 2% COLA and 2% merit were approved by the Town Board for 2013 and salary
ranges were adjusted.Adjustments to ranges has not consistently occurred over the
years and has also lead to inconsistencies with the ranges.There have been a few
positions adjusted in the last five years with no consistency on which positions to adjust;
therefore, it is assumed inequities have occurred.
The last Town wide Comp Plan study was conducted in 1999 with substantial hourly
increases seen across the board for employees in all pay grades.Since then annual
market studies have been completed with various communities identified as comparable
markets, which has produced limited success at retrieving useful data and comparable
job data.Adjustments have been applied in a random fashion and not applied
RFP Employee Classification & Compensation 5
consistently, i.e. if a job grade was determined to be more than 5%out of grade the
policy is to adjust and this has not been done for all positions.In addition, the Town is
in the process of writing a new Personnel Manual and a new Comp Plan would be
included.
RFP Employee Classification & Compensation 6
SECTION IV
SCOPE OF SERVICES
A. Classification Plan
1.Consultant to meet with Project Representative(s)to discuss study and agree on
methodology and Position Description Questionnaire (PDQ) to be used.
2.Consultant to meet with Department Heads and mid -management staff to explain
study and processes to be used.
3.Consultant to meet with employees to explain the study,methodology and PDQ.
4.Employees to complete PDQs; supervisors, managers and/or directors review
and comment (not change). Copies of the completed PDQs will be returned to
employees following supervisor, manager and/or department director review and
comment.
5.Consultant to conduct interviews and/or job audits as app ropriate. Interviews
and/or job audits may be conducted individually or in groups based upon
classification.
6.Consultant to compare PDQ, interview and job audit results to existing job
descriptions.
7.Consultant to provide weekly update on data collection and progress.
8.Consultant to update and/or create class specifications as needed to uniformly
reflect distinguishing characteristics, essential jo b functions,minimum
qualifications, working conditions, license requirements, regulatory requirements,
on-call/on-duty responsibilities,etc., for all classifications.
9.Consultant to identify management, supervisory, professional, technical, and
general employees, including FLSA status (exempt/non-exempt).
10.Consultant to draft and submit proposed class specifications for review by Town.
Consultant will recommend, if appropriate, classification series and levels within
the series (i.e. I/II,Senior/Lead, etc.). In addition, Consultant to review
reporting/organizational structure and make suggestions.
11.Consultant to present proposed class specifications to employ ees and
supervisors for review,and receive and incorporate input prior to classification
determination.
12.Consultant to finalize class specifications and recommend appropriate
classification for each employee, including correction of identified discrepancie s
between existing and proposed classifications.
13.Consultant to identify career ladders/promotional opportunities for each
classification.
RFP Employee Classification & Compensation 7
B. Compensation Survey
1.Consultant to determine appropriate labor market for compe nsation survey.
2.Consultant to conduct salary survey by comparing month ly maximum base salary
for each existing classification. Included in the survey will be the benefit structure
for the selected entities.
3.Consultant to recommend appropriate salary range for each existing or proposed
position based the Classification Plan (number of classes, number of pay ranges,
percent spread for ranges, number of pay plans and/or schedules)and on the
compensation survey results, and internal relationships and equity.Prepare a
new salary structure based on the results of the study.
4.In addition to Number 3 above, Consultant to recommend salary range for each
position based on median and mean salary of the comparable cities.
5.In addition, consultant will prepare a new salary philosophy/plan and make
recommendations on other salary/step pay plans the Town may consider.Pay
delivery: merit pay, pay for performance, steps or open ranges, other, etc.
6.In addition, Consultant is requested to provide a separate cost for reviewing and
recommending changes to the Town’s benefit plan. Any recommendations shall
be based on study results from comparable labor market selected by the
Consultant.
C.Study Conclusion
1.Consultant to prepare written report of recommendations, i ncluding discussion of
methods,techniques and data used to develop the Comp Plan.
2.Consultant to provide instructional information to allow Town staff to conduct
individual salary audits and adjustments consistent with study methods until the
next formal study is conducted.
3.Consultant to attend meetings, if requested, throughout the p rocess with
employees, the Town Administrator, and/or the Town Board to explain
methodology, survey results and recommendations.The consultant should
budget for a Town Board meeting to present final recommendations.
RFP Employee Classification & Compensation 8
SECTION V
GENERAL INSTRUCTIONS
A.ADMINISTRATIVE INFORMATION.
1.This RFP is issued under the authority of:
Town of Estes Park
170 MacGregor Ave.
P.O. Box 1200
Estes Park, CO 80517
All inquiries concerning the intent of this request, contract information or site access shall be
directed in writing to Jackie Williamson, Administrative Services Director (970) 577-4771 or
Amy Spallinger, Human Resource Generalist (970) 577-4775.
2.This Request for Proposals consists of the following items:
Section I. Request for Proposals / Project Overview
Section II.Purpose and Objectives
Section III.Background
Section IV.Scope of Services
Section V. General Instructions
Section VI. Proposal Response
Section VII. Evaluation and Selection
Section VIII.Contract
Section IX.Annexes
It is suggested that this package be checked to insure that all listed information is included.
3.It is extremely important that all portions of this RFP be completed as professionally as
possible. An incomplete or uncoordinated submission can only be judged as indicative of
the proposer's capability and professionalism. If there are any deviations from the RFP
requirements, please indicate the reason for such deviation in writing.
4.A list of all solicited proposers will be provided to any proposer upon receipt of a written
request.
RFP Employee Classification & Compensation 9
B.PROPOSAL SUBMITTAL OPTIONS.
**No binding, stapling****
In order to be considered for purposes of evaluation and contract award, submit your
proposal using one of the following three options:
Option 1: Submit a sealed envelope clearly marked on the outside Classification and
Compensation Proposal with four (4) copies of the complete proposal, including all other
documents required to be submitted with the proposal.
Option 2: Submit a sealed envelope clearly marked on the outside Classification and
Compensation Proposal with a data stick or CD containing a single pdf document of the
complete proposal, including all other documents required to be submitted with the proposal.
Option 1 and 2 drop off at the following address/location
Town of Estes Park
170 MacGregor Ave., Room 130
P.O. Box 1200
Estes Park,CO 80517
Option 3: Submit via email a single pdf document of the complete proposal, including all
other documents required to be submitted with the proposal, to hr@estes.org.Clearly note
Classification and Compensation Proposal in the subject line.
Proposals sent by fax will not be accepted.
Proposals sent by mail or other mailing/courier service are not recommended as this may
cause your proposal to miss the deadline noted below.
No responsibility or liability will be attached to any Town official, employee or agent for the
premature opening or failure to open any proposal not marked according to this instruction
or proposals sent by mail/courier service and received in the Finance Department after the
deadline. No responsibility or liability will be attached to any Town official, employee or
agent should a proposal sent via email not be received by deadline due to size or any other
issue that impedes its arrival to the specified email address on time.
C.SUBMITTAL DEADLINE.
Proposals must be received by March 1, 2013, at 5:00 p.m.mountain standard time.
D.PROPOSAL OPENING.
All proposals received in compliance with the instructions of this RFP will be reviewed by the
Project Representative and selected proposal evaluators beginning March 4, 2013.Proposals
received after the date and time specified in Section V. C. and/or proposals which are not
prepared and filed in substantial compliance with the terms and conditions of this RFP will not
be considered for evaluation or award of a contract.
RFP Employee Classification & Compensation 10
E.MODIFICATION OR WITHDRAWAL OF PROPOSAL.
A proposal may not be modified, withdrawn or canceled by the proposer for a ninety (90)
day period following the time and date designated for the receipt of proposals and proposer
so agrees in submitting the proposal.
Prior to the time and date designated for receipt of proposals, proposals submitted early
may be modified or withdrawn only by notice to the Town at the place designated for
receipt of proposals. Such notice shall be in writing over the signature of proposer, or by
facsimile. If by facsimile, written confirmation over the signature of proposer must have
been mailed and postmarked on or before the date and time set for receipt of proposals.
Withdrawn proposals may be resubmitted up to the time designated for the receipt of
proposals, provided that they are then fully in compliance with the RFP.
F.SUBMITTAL COSTS.
The cost of submittals and any other expenses related to this RFP,including travel for
interviews or inspections,shall be entirely the responsibility of the proposer.
RFP Employee Classification & Compensation 11
SECTION VI
PROPOSAL RESPONSE
The submitted written proposal must utilize the following format and content detail. Proposals
shall be prepared so that responses are specifically identified in the same order as the
requested information identified below.
A.TITLE PAGE. (Mandatory)
The name and signature of the proposing firm’s authorized representative as well as
his/her address and telephone number must be provided. The proposal must be dated
on this page. The authorized representative is to signify the proposer’s agreement and
compliance with all requirements set forth in the RFP.
In addition, the signature will certify the proposer’s acceptance of and responsibility for
the following (note that the following language must be reproduced above
proposer’s signature):
1.All data presented in the proposal is accurate and complete.
2.Acknowledgment that the proposer has read and understood the RFP and the
proposal is made in accordance with the contents of the RFP unless otherwise
noted in the proposal.
3.The proposal shall be valid for 90 days after submission of the proposal.
4.The cost of submittals and any related expenses, including travel for interviews or
inspections, shall be entirely the responsibility of the proposer.
5.The discovery of any significant inaccuracy in information submitted by the proposer
shall constitute good and sufficient cause for rejection of the proposal.
B.PROPOSED SERVICES &COST OF PROPOSED SERVICES (20 points)
For each area of service Scope of Services, provide
1.Approach to the performance of the study and satisfaction of Town requirements.
2.Description of the services proposed including work and/or inputs required by Town.
3.Final product and reports to be presented at the completion of the study.
4.Cost of service and pricing information.
C.STATEMENT OF QUALIFICATIONS AND EXPERIENCE. (15 points)
Describe the experience of your firm in providing Comp Plans for public sector clients.
D.D. STAFFING. (10 points)
Identify the specific personnel who will be assigned to provide services pursuant to this
RFP. For each of these persons, please provide a resume as an exhibit outlining they
possess the professional skills and credentials to complete the Comp Plan.
E.E. LOCAL (5 points)
Identify state of your company incorporation and the city(ies) in Colorado where staff are
located. State if company is minority or women-owned.
F.RESPONSE SERVICE. (10 points)
Explain how your firm will be able to provide the immediacy of response and personal
quality of service needed for a small, general purpose local government.
RFP Employee Classification & Compensation 12
G.CLIENTS/REFERENCES. (5 points)
Provide a list of clients for whom the firm has conducted Comp Plans during the past
three years. Include names and telephone numbers of at least three references with the
types of services noted; ideally the references are public sector organizations.
H.STATEMENT OF ASSURANCE. (Mandatory)
Provide a statement of assurance that your firm is not currently in violation of any
regulatory agency rules, or, if in violation,the violation does not have a material adverse
effect on your ability to perform under the proposed contract.
I.INSURANCE. (Mandatory
Certify that your firm will purchase and maintain for the duration of the contract the
following levels of insurance.
$1,000,000 commercial general liability
$1,000,000 errors and omissions
J.INTERVIEWS.
Interviews may be conducted with the companies presenting proposals with the highest
scores. Interviews will be scored based on information presented during interviews, and
overall quality of the service proposed.
RFP Employee Classification & Compensation 13
SECTION VII
EVALUATION AND SELECTION
Proposals will be evaluated based on the quality of responses to specific items outlined in the
PROPOSAL RESPONSE section of this RFP. Each valid proposal will be reviewed by the
Project Representative. Additional clarifying material may be requested by the Town. The
Project Representative will develop a shortlist of firms. The Project Representative may or may
not interview the firms. Proposals which are incomplete or non-responsive to this RFP may be
rejected. The Town does not accept responsibility for the return of successful or unsuccessful
proposals.
The Town reserves the right in its sole discretion to:
1.Clarifications and additional information, if any, will be posted as addendums on the
Town of Estes Park website at www.estes.org/RFP.It is the responsibility of the
prospective bidders to check the website for updates.
2.Reject any proposal not in compliance with all prescribed RFP procedures and
requirements.
3.For good cause reject any or all proposals upon a finding it is in the public interest to do
so.
4.Waive minor irregularities in the proposals received.
5.Accept all or any part of a proposal in principle subject to negotiation of the final details.
In particular, the Town reserves the right to negotiate fee proposals.
RFP Employee Classification & Compensation 14
SECTION VIII
CONTRACT
The selected firm will be required to sign a Personal Services Contract which will be prepared
by the Town Attorney.
RFP Employee Classification & Compensation 15
SECTION IX
ANNEX
List of current job codes, titles, grades and scales for all positions.
1.Job Code, Title, Grade, Scales
COD
E Job Description
Gra
de
Minimu
m Minimum
Mid
Point
Mid
Point
Maximu
m Maximum
501 Seasonal Parks/Streets 12 $1,450 $17,398 $1,704 $20,443 $1,957 $23,488
502 Seasonal Mechanic 12 $1,450 $17,398 $1,704 $20,443 $1,957 $23,488
890 Seasonal Visitor Information Assistant 12 $1,450 $17,398 $1,704 $20,443 $1,957 $23,488
900a Seasonal Museum Assistant 12 $1,450 $17,398 $1,704 $20,443 $1,957 $23,488
601 Seasonal Water Worker 12 $1,450 $17,398 $1,704 $20,443 $1,957 $23,488
871 Seasonal Group Sales Intern 12 $1,450 $17,398 $1,704 $20,443 $1,957 $23,488
701 Seasonal Special Events Maintenance 15 $1,561 $18,736 $1,835 $22,015 $2,108 $25,294
702 Special Events Clerical Assistant 16 $1,600 $19,204 $1,880 $22,565 $2,160 $25,926
503 Seasonal Engineering Technician 18 $1,681 $20,177 $1,976 $23,708 $2,270 $27,238
951 Senior Center Van Driver 20 $1,767 $21,198 $2,076 $24,908 $2,385 $28,617
835 Visitor Information Specialist 21 $1,811 $21,728 $2,128 $25,530 $2,444 $29,333
856 Temporary Visitor Information Specialist 21 $1,811 $21,728 $2,128 $25,530 $2,444 $29,333
857 Temporary Shuttle Coordinator 21 $1,811 $21,728 $2,128 $25,530 $2,444 $29,333
855a Seasonal Visitor Information Specialist 21 $1,811 $21,728 $2,128 $25,530 $2,444 $29,333
853 Visitor Information Assistant 21 $1,811 $21,728 $2,128 $25,530 $2,444 $29,333
430 Community Service Officer (seasonal)23 $1,902 $22,828 $2,235 $26,823 $2,568 $30,818
429 Parking Enforcement Officer 23 $1,902 $22,828 $2,235 $26,823 $2,568 $30,818
100 Clerical Aide 24 $1,950 $23,399 $2,291 $27,494 $2,632 $31,588
953 Program Coordinator Senior Center 24 $1,950 $23,399 $2,291 $27,494 $2,632 $31,588
120 Secretary I 25 $1,999 $23,984 $2,348 $28,181 $2,698 $32,378
426 Temporary Records Assistant 26 $2,049 $24,583 $2,407 $28,885 $2,766 $33,187
312 Utility Worker I 27 $2,100 $25,198 $2,467 $29,608 $2,835 $34,017
105 Administrative Clerk I 30 $2,261 $27,135 $2,657 $31,884 $3,053 $36,633
118
Wildland Urban Interface Fire Education
Coordinator 32 $2,376 $28,509 $2,792 $33,498 $3,207 $38,487
425 Records Technician 32 $2,376 $28,509 $2,792 $33,498 $3,207 $38,487
610 Water Plant Operator I 32 $2,376 $28,509 $2,792 $33,498 $3,207 $38,487
900 Assistant Museum Curator 32 $2,376 $28,509 $2,792 $33,498 $3,207 $38,487
327 Meter Reader 33 $2,435 $29,222 $2,861 $34,336 $3,287 $39,449
125 Secretary II 33 $2,435 $29,222 $2,861 $34,336 $3,287 $39,449
790 Permit Technician 33 $2,435 $29,222 $2,861 $34,336 $3,287 $39,449
110 Administrative Clerk II 36 $2,622 $31,469 $3,081 $36,976 $3,540 $42,483
500 Municipal Services Worker I 36 $2,622 $31,469 $3,081 $36,976 $3,540 $42,483
870 Conference Services Coordinator 36 $2,622 $31,469 $3,081 $36,976 $3,540 $42,483
RFP Employee Classification & Compensation 16
903
Temporary Collection Inventory
Assistant 36 $2,622 $31,469 $3,081 $36,976 $3,540 $42,483
902 Digitization Technician (Grant Funded)36 $2,622 $31,469 $3,081 $36,976 $3,540 $42,483
415 Secretary III-Police 37 $2,688 $32,255 $3,158 $37,900 $3,629 $43,545
130 Secretary III 37 $2,688 $32,255 $3,158 $37,900 $3,629 $43,545
315 Groundman I 37 $2,688 $32,255 $3,158 $37,900 $3,629 $43,545
700 Special Events Maintenance Worker II 37 $2,688 $32,255 $3,158 $37,900 $3,629 $43,545
1002 Administrative Assistant 37 $2,688 $32,255 $3,158 $37,900 $3,629 $43,545
317 Meter Reader/Groundman 38 $2,755 $33,062 $3,237 $38,848 $3,719 $44,633
615 Water Plant Operator II 38 $2,755 $33,062 $3,237 $38,848 $3,719 $44,633
115 Administrative Clerk III 40 $2,895 $34,736 $3,401 $40,814 $3,908 $46,893
135
Accounts Payable/Utility Billing
Specialist 40 $2,895 $34,736 $3,401 $40,814 $3,908 $46,893
136 Payroll Technician 40 $2,895 $34,736 $3,401 $40,814 $3,908 $46,893
505 Municipal Services Worker II 40 $2,895 $34,736 $3,401 $40,814 $3,908 $46,893
708 Special Events Coordinator 40 $2,895 $34,736 $3,401 $40,814 $3,908 $46,893
141 Billing/Customer Service Supervisor 41 $2,967 $35,604 $3,486 $41,835 $4,005 $48,065
320 Groundman II 41 $2,967 $35,604 $3,486 $41,835 $4,005 $48,065
330 Meter Specialist I 41 $2,967 $35,604 $3,486 $41,835 $4,005 $48,065
414
Code Compliance/Animal Control
Officer 41 $2,967 $35,604 $3,486 $41,835 $4,005 $48,065
416 Code Compliance Officer 41 $2,967 $35,604 $3,486 $41,835 $4,005 $48,065
525 Mechanic I 41 $2,967 $35,604 $3,486 $41,835 $4,005 $48,065
798 Planner I 41 $2,967 $35,604 $3,486 $41,835 $4,005 $48,065
840
Communications Coordinator
Advertising 41 $2,967 $35,604 $3,486 $41,835 $4,005 $48,065
860 Visitors Center Coordinator 41 $2,967 $35,604 $3,486 $41,835 $4,005 $48,065
437 Restorative Justice Case Manager 42 $3,041 $36,494 $3,573 $42,881 $4,106 $49,267
620 Water Plant Operator III 42 $3,041 $36,494 $3,573 $42,881 $4,106 $49,267
400 Animal Control Officer 42 $3,041 $36,494 $3,573 $42,881 $4,106 $49,267
510 Municipal Services Worker III 42 $3,041 $36,494 $3,573 $42,881 $4,106 $49,267
350 Storekeeper I 43 $3,117 $37,406 $3,663 $43,953 $4,208 $50,499
405 Emergency Services Dispatcher I 43 $3,117 $37,406 $3,663 $43,953 $4,208 $50,499
560 Utilities/Public Works Office Manager 43 $3,117 $37,406 $3,663 $43,953 $4,208 $50,499
575 Park Horticulturist 43 $3,117 $37,406 $3,663 $43,953 $4,208 $50,499
202 Executive Secretary 44 $3,195 $38,342 $3,754 $45,051 $4,313 $51,761
203 Executive Assistant-Police 44 $3,195 $38,342 $3,754 $45,051 $4,313 $51,761
791 Senior Building Permit Technician 44 $3,195 $38,342 $3,754 $45,051 $4,313 $51,761
200 Deputy Town Clerk 44 $3,195 $38,342 $3,754 $45,051 $4,313 $51,761
410 Emergency Services Dispatcher II 44 $3,195 $38,342 $3,754 $45,051 $4,313 $51,761
904 Curator of Collections 44 $3,195 $38,342 $3,754 $45,051 $4,313 $51,761
901
Museum Curator of
Education/Collections 44 $3,195 $38,342 $3,754 $45,051 $4,313 $51,761
6222 Cross Connection Control Specialist 44 $3,195 $38,342 $3,754 $45,051 $4,313 $51,761
438 Restorative Justice Executive Director 44 $3,195 $38,342 $3,754 $45,051 $4,313 $51,761
RFP Employee Classification & Compensation 17
325 Groundman III 45 $3,275 $39,300 $3,848 $46,178 $4,421 $53,055
142 Accountant I 45 $3,275 $39,300 $3,848 $46,178 $4,421 $53,055
527 Mechanic II 45 $3,275 $39,300 $3,848 $46,178 $4,421 $53,055
535 Fleet Manager 45 $3,275 $39,300 $3,848 $46,178 $4,421 $53,055
1005
Stakeholder Sales & Service Manager
LMD 45 $3,275 $39,301 $3,848 $46,177 $4,421 $53,055
356 Network Support Specialist 46 $3,357 $40,283 $3,944 $47,332 $4,532 $54,382
352 PC/GIS Support Specialist 46 $3,357 $40,283 $3,944 $47,332 $4,532 $54,382
412 Emergency Services Dispatcher III 46 $3,357 $40,283 $3,944 $47,332 $4,532 $54,382
805
Residential Plans Examiner/Code
Compliance Officer 46 $3,357 $40,283 $3,944 $47,332 $4,532 $54,382
355 Materials Management Specialist 47 $3,441 $41,290 $4,043 $48,515 $4,645 $55,741
795 Code Compliance Officer/Planner I 48 $3,527 $42,322 $4,144 $49,728 $4,761 $57,135
143 Human Resource Generalist 48 $3,527 $42,322 $4,144 $49,728 $4,761 $57,135
625 Water Plant Operator IV 48 $3,527 $42,322 $4,144 $49,728 $4,761 $57,135
626
Water Plant Operator IV/Cross
Connection Control Specialist 48 $3,527 $42,322 $4,144 $49,728 $4,761 $57,135
8041 Building Insp I/Code Compliance Officer 48 $3,527 $42,322 $4,144 $49,728 $4,761 $57,135
623 Water Laboratory Technician 48 $3,527 $42,322 $4,144 $49,728 $4,761 $57,135
144 Accountant II 49 $3,615 $43,380 $4,248 $50,971 $4,880 $58,563
340 Meter Specialist II 49 $3,615 $43,380 $4,248 $50,971 $4,880 $58,563
335 Line Equipment Specialist 49 $3,615 $43,380 $4,248 $50,971 $4,880 $58,563
417 Communications Supervisor 50 $3,705 $44,464 $4,354 $52,246 $5,002 $60,027
358 IT System Support Specialist I 50 $3,705 $44,464 $4,354 $52,246 $5,002 $60,027
444 Community Resource Officer 50 $3,705 $44,464 $4,354 $52,246 $5,002 $60,027
360 Lineman I 50 $3,705 $44,464 $4,354 $52,246 $5,002 $60,027
435 Police Officer I 50 $3,705 $44,464 $4,354 $52,246 $5,002 $60,027
530 Lead Mechanic 50 $3,705 $44,464 $4,354 $52,246 $5,002 $60,027
515 Municipal Services Foreman 50 $3,705 $44,464 $4,354 $52,246 $5,002 $60,027
585
Construction & Public Facilities
Manager 50 $3,705 $44,464 $4,354 $52,246 $5,002 $60,027
622 GIS System Analyst I 50 $3,705 $44,464 $4,354 $52,246 $5,002 $60,027
628 Utilities G.I.S. Manager 50 $3,705 $44,464 $4,354 $52,246 $5,002 $60,027
799
Building Official (Combination Insp/Plan
Exam.)50 $3,705 $44,464 $4,354 $52,246 $5,002 $60,027
800 Building Official 50 $3,705 $44,464 $4,354 $52,246 $5,002 $60,027
357
Electrical System Engineering
Technician 51 $3,798 $45,576 $4,463 $53,552 $5,127 $61,528
343 Meter Specialist III 51 $3,798 $45,576 $4,463 $53,552 $5,127 $61,528
440 Police Officer II 51 $3,798 $45,576 $4,463 $53,552 $5,127 $61,528
627 Water Quality Manager 51 $3,798 $45,576 $4,463 $53,552 $5,127 $61,528
365 Lineman II 52 $3,893 $46,715 $4,574 $54,891 $5,255 $63,066
872 Visitor Services Manager 52 $3,893 $46,715 $4,574 $54,891 $5,255 $63,066
519 Assistant Parks Superintendent 52 $3,893 $46,715 $4,574 $54,891 $5,255 $63,066
908 Museum Manager 52 $3,893 $46,715 $4,574 $54,891 $5,255 $63,066
952 Senior Center Manager 52 $3,893 $46,715 $4,574 $54,891 $5,255 $63,066
RFP Employee Classification & Compensation 18
443 Police Officer III 53 $3,990 $47,883 $4,689 $56,263 $5,387 $64,643
450 Police Investigator 54 $4,090 $49,080 $4,806 $57,670 $5,522 $66,259
147
Accounting Manager/Management
Analyst 54 $4,090 $49,080 $4,806 $57,670 $5,522 $66,259
630 Assistant Water Superintendent 54 $4,090 $49,080 $4,806 $57,670 $5,522 $66,259
1010 Meetings & Conference Sales Manager 54 $4,090 $49,080 $4,806 $57,670 $5,522 $66,259
344 Meter Specialist IV 55 $4,192 $50,307 $4,926 $59,111 $5,660 $67,915
420 Supervisor Police Support Services 56 $4,297 $51,565 $5,049 $60,589 $5,801 $69,613
370 Lineman III 56 $4,297 $51,565 $5,049 $60,589 $5,801 $69,613
8011 Planner II 56 $4,297 $51,565 $5,049 $60,589 $5,801 $69,613
830 Advertising Manager 56 $4,297 $51,565 $5,049 $60,589 $5,801 $69,613
150 Assistant Finance Officer 57 $4,405 $52,854 $5,175 $62,104 $5,946 $71,353
165 Human Resource Manager 57 $4,405 $52,854 $5,175 $62,104 $5,946 $71,353
385 Assistant to Director of Light and Power 58 $4,515 $54,176 $5,305 $63,656 $6,095 $73,137
445 Police Corporal 58 $4,515 $54,176 $5,305 $63,656 $6,095 $73,137
590 Public Works Project Manager 58 $4,515 $54,176 $5,305 $63,656 $6,095 $73,137
345 Utilities Meter Foreman 58 $4,515 $54,176 $5,305 $63,656 $6,095 $73,137
372 Lineman IV 58 $4,515 $54,176 $5,305 $63,656 $6,095 $73,137
446 Master Police Officer 58 $4,515 $54,176 $5,305 $63,656 $6,095 $73,137
591 Public Works Civil Engineer 58 $4,515 $54,176 $5,305 $63,656 $6,095 $73,137
802 Senior Planner 58 $4,515 $54,176 $5,305 $63,656 $6,095 $73,137
383 Information Technology Manager 59 $4,628 $55,530 $5,437 $65,248 $6,247 $74,966
460 Police Captain 60 $4,743 $56,918 $5,573 $66,879 $6,403 $76,840
490 Fire Administrative/Training Captain 60 $4,743 $56,918 $5,573 $66,879 $6,403 $76,840
710 Fairgrounds/Events Manager 60 $4,743 $56,918 $5,573 $66,879 $6,403 $76,840
422 Support Services Manager 62 $4,983 $59,800 $5,855 $70,265 $6,727 $80,730
458 Police Lieutenant 62 $4,983 $59,800 $5,855 $70,265 $6,727 $80,730
521 Street Superintendent 62 $4,983 $59,800 $5,855 $70,265 $6,727 $80,730
540 Fleet Superintendent 62 $4,983 $59,800 $5,855 $70,265 $6,727 $80,730
204 Public Information Officer 62 $4,983 $59,800 $5,855 $70,265 $6,727 $80,730
375 Crew Chief 62 $4,983 $59,800 $5,855 $70,265 $6,727 $80,730
455 Police Sergeant 62 $4,983 $59,800 $5,855 $70,265 $6,727 $80,730
205 Town Clerk 63 $5,108 $61,295 $6,002 $72,021 $6,896 $82,748
910 Museum Director 63 $5,108 $61,295 $6,002 $72,021 $6,896 $82,748
806 Chief Building Official 64 $5,236 $62,827 $6,152 $73,822 $7,068 $84,817
880 Communications Manager (CVB)64 $5,236 $62,827 $6,152 $73,822 $7,068 $84,817
390 Electrical Engineer 66 $5,501 $66,008 $6,463 $77,559 $7,426 $89,110
462 Deputy Chief of Police 66 $5,501 $66,008 $6,463 $77,559 $7,426 $89,110
593 Public Works Superintendent 66 $5,501 $66,008 $6,463 $77,559 $7,426 $89,110
392 Utilities Superintendent 66 $5,501 $66,008 $6,463 $77,559 $7,426 $89,110
439 Community Service Manager 66 $5,501 $66,008 $6,463 $77,559 $7,426 $89,110
RFP Employee Classification & Compensation 19
595 Public Works Utilities Superintendent 68 $5,779 $69,349 $6,790 $81,486 $7,802 $93,622
594 Public Works Operations Manager 68 $5,779 $69,349 $6,790 $81,486 $7,802 $93,622
380 Line Superintendent 68 $5,779 $69,349 $6,790 $81,486 $7,802 $93,622
875 Marketing Director -Conference Center 68 $5,779 $69,349 $6,790 $81,486 $7,802 $93,622
456 Police Commander 68 $5,779 $69,349 $6,790 $81,486 $7,802 $93,622
635 Water Superintendent 68 $5,779 $69,349 $6,790 $81,486 $7,802 $93,622
873 Conference Center Marketing Director 68 $5,779 $69,349 $6,790 $81,486 $7,802 $93,622
878 Coordinator of Community Services 68 $5,779 $69,349 $6,790 $81,486 $7,802 $93,622
207
Town Clerk/Director of Administrative
Services 71 $6,223 $74,682 $7,313 $87,751 $8,402 $100,820
210 Finance Officer/Treasurer 74 $6,702 $80,424 $7,875 $94,498 $9,048 $108,572
213
Asst. Town Administrator/Chief of
Public Safety 75 $6,870 $82,435 $8,072 $96,861 $9,274 $111,287
464 LETA Executive Director 76 $7,041 $84,495 $8,274 $99,282 $9,506 $114,069
495 Fire Chief 76 $7,041 $84,495 $8,274 $99,282 $9,506 $114,069
891 Director of Community Services 76 $7,041 $84,495 $8,274 $99,282 $9,506 $114,069
809 Director of Community Development 76 $7,041 $84,495 $8,274 $99,282 $9,506 $114,069
677 Director of Public Works 77 $7,217 $86,608 $8,480 $101,764 $9,743 $116,921
395 Director of Light and Power 78 $7,398 $88,773 $8,692 $104,308 $9,987 $119,844
465 Chief of Police 78 $7,398 $88,773 $8,692 $104,308 $9,987 $119,844
674 Director of Utilities 78 $7,398 $88,773 $8,692 $104,308 $9,987 $119,844
214 Assistant Town Administrator 79 $7,583 $90,992 $8,910 $106,916 $10,237 $122,840
215 Town Administrator 88 $9,470 $113,637 $11,127 $133,523 $12,784 $153,410
To: Honorable Mayor Pinkham
Town Board of Trustees
Town Administrator Lancaster
From: Bo Winslow, Director of Community Services
Date: April 9, 2013
RE: Contract for shuttle services with McDonald Transit Associates, Inc
Background:
McDonald Transit Associates Inc. has made a contract offer to continue operating the
busses for the 2013 Estes Park FREE Shuttle Service.
Consistent with previous years, McDonald Transit Associates Inc. will lease three
vehicles from Davey Coach not to exceed the price of $3,400 per vehicle per month and
the Town of Estes Park will reimburse vehicle lease costs.
McDonald Transit Associates Inc. will maintain and insure the Town’s trolley under the
same terms and conditions outlined in the service contract.
The Town will pay to install/uninstall Connexionz GPS tracking equipment and exterior
lettering/logos as appropriate per owned/leased vehicles, not to exceed $500 per
vehicle per season.
The hourly service rate for 2013 will be $50.45 which includes routine maintenance,
shuttle drivers, insurance, and fuel costs up to $2.50 a gallon for the five full-service
schedule and charters.
The Shuttle Committee and Town Staff propose the completion of a five year contract
with McDonald Transit Associates Inc. to provide shuttle operations.A five year service
contract will ensure a seamless operation of services and provide for controlled costs
from year to year.Town policy allows for a “piggyback” contract that matches the Rocky
Mountain National Park contract with McDonald Transit Associates Inc..
Community Services Memo
Contract:
The McDonald Transit Associates, Inc., contract is attached.
Budget:
Included in attachment A is the budget for this agreement. This is included in the 2013
shuttle budget, account # 222-2600-426.22-60. The entire amount for the shuttle
season operation, including fuel estimates is $321,935.40.
Staff Recommendation:
Staff recommends approval of agreement with McDonald Transit Associates Inc.
Recommended Motion:
I recommend approval/denial of the agreement with McDonald Transit Associates Inc.,
to provide shuttle services for the Town of Estes Park, as specified in the agreement.
Memo
Town Attorney
To: Honorable Mayor Pinkham
Board of Trustees
From: Gregory A. White, Town Attorney
Date: March 28, 2013
RE: Park Theater Settlement Agreement
Background:
On December 19, 2012, a Town front-end loader ran into the southwest corner of the
Park Theater Building causing damage to the Building. The Town filed a claim with its
insurance provider, CIRSA, and was informed by CIRSA that under the provisions of the
Town’s insuring agreements, the claim was denied as the Colorado Governmental
Immunity Act (CGIA) provided immunity to the Town for this accident. The front-end
loader is not a “motor vehicle” under the applicable provisions of the CGIA, and the
Town is immune from any liability for the damage caused by the operation of the Town’s
mobile equipment.
The Town retained Thorp Associates PC and Westover Construction to investigate and
determine the extent of the damage and the cost of repair to the building. Their report
dated January 23, 2013, attached as Exhibit A to the Settlement Agreement, specifies
the actions needed to repair the damage, cost estimate and time line for said repairs.
The Full and Final Release and Settlement Agreement was negotiated with and
accepted by the owner of the Park Theater Building, Park Theater Mall LLC. The
Settlement Agreement provides as follows:
1. The Town agrees to repair the building as stated in the report, contract for and
manage the repair, and pay all costs and expenses of the repair.
2. After the repair has begun, the Town shall retain a certified structural engineer to
determine whether there was any structural damage to the Building due to the
accident. If there is structural damage, the parties agree to mutually discuss how
to correct the structural damage.
Page 2
3. In consideration of the Town entering into the Agreement and repairing the
damage to the Building, the owner of the Building agrees to a full and final
release of any and all liabilities of the Town for damage to the Building caused by
the accident of December 19, 2012.
Section 24-10-112 (2) C.R.S. of the CGIA provides that settlement of any claim against
the Town may be approved by the Board of Trustees of the Town.
Budget:
The estimate cost of the repairs is approximately $48,000. This sum is available in the
2013 Budget of the Public Works Department.
Staff Recommendation:
Staff recommends approval of the Full and Final Release and Settlement Agreement.
Sample Motion:
I move to approve/deny the Full and Final Release and Settlement Agreement between
the Town and the Park Theater Mall LLC as presented.
DRAFT #2, 03/27/2013
FULL AND FINAL RELEASE AND SETTLEMENT AGREEMENT
This Full and Final Release and Settlement Agreement is made this ___ day of
___________, 2013 by Park Theater Mall, LLC (“Park Theater”) and the Town of Estes
Park, Colorado (the “Town”).
RECITALS
Park Theater is the owner of real property located at 130 Moraine Avenue, Estes
Park, Colorado. Located on said property is the Park Theater Mall building (the
“Building”).
On December 19, 2012, a Town front-end loader operated by a Town employee,
Tyler Boles (the “Employee”), ran into the Building at its southwest corner causing
damage to the Building.
The Town is a “public entity” and the Employee is a “public employee” as defined
in the Colorado Governmental Immunity Act (“CGIA”). The Town’s front-end loader is
classified as “special mobile machinery” and as such, is not a “motor vehicle” pursuant
to the relevant provisions of the CGIA.
Pursuant to the applicable terms of the CGIA, the Town, as a public entity and
the Town employee, as a public employee, are immune from all liability for any damage
caused to the Building and Park Theater as a result of the accident of December 19,
2012.
Park Theater has filed a claim with the Town for the damage incurred by Park
Theater to the Building. Section 24-10-112 (2) C.R.S. of the CGIA provides that the
Board of Trustees of the Town may settle a claim. The parties agree to settle all claims
by Park Theater against the Town and/or the Employee pursuant to the terms of this
Agreement including the release of the Town and/or the Employee from any and all
liabilities, claims, and damages resulting from the accident of December 19, 2012.
IN CONSIDERATION OF THE ABOVE RECITALS which are incorporated
herein by this reference and for other good and valuable consideration, the sufficiency
of which is hereby acknowledged, the parties agree as follows:
1. The Town has, through Thorp Associates P.C. and Westover Construction,
inspected the damage to the Building and prepared a report dated January 23,
2013 (the “Report”), attached hereto as Exhibit A and incorporated herein by
reference. The Report also contains a cost estimate for the repair of the damage
to the Building caused by the accident. The Town agrees to repair the Building
as stated in Exhibit A. The Town shall be responsible for contracting for the
repair, construction management of the repair, and payment of all costs and
DRAFT #2, 03/27/2013
expenses for the repair. The Town shall indemnify, hold harmless, and defend
Park Theater against claims, specifically including, but not limited to, lien claims
against Park Theater property, damages, losses, and expenses, specifically
including, but not limited to, attorneys’ fees arising out of the Town’s
responsibility to contract for, manage, and pay all costs and expenses for the
repair.
2. Once repairs have begun, the Town shall retain a certified structural engineer to
inspect the building to determine if any structural damage occurred as a result of
the accident. This certified structural engineer shall provide the Town a report,
with a copy to Park Theater, of his findings of whether or not there was structural
damage to the building caused by the accident. In the event that the certified
structural engineer does find any structural damage caused by the accident, the
parties agree to review the report and reach mutual agreement as to the repair of
the structural damage to the Building.
3. Park Theater agrees to provide access to the Building for the repair and provide
any information and assistance to the Town and Town’s contractors to facilitate
the repair.
4. As set forth on Exhibit A – Project Schedule, the Town shall proceed to conduct
the repair in the projected timeframe. The timeframe shall be adjusted to start
repair within ten (10) days of the approval of this Agreement by the Board of
Trustees of the Town and complete the repair in accordance with the timeframe
as adjusted. The Town’s repair of the Building shall be subject to delay caused
or contingencies beyond the control of the Town including, but not limited to,
accidents, breakdown of equipment, and acts of God.
5. The following named individuals shall be the responsible parties for all notices,
decisions, and directions with regard to the repair of the Building and the
performance of this Agreement:
Town of Estes Park Park Theater Mall, LLC
Scott Zurn, Director of Public Works Sharon Seeley
P O Box 1200 130 Moraine Avenue
Estes Park, CO 80517 Estes Park, CO 80517
szurn@estes.org
6. The Town’s obligations to repair the Building shall be limited to those repairs as
listed on Exhibit A.
7. In consideration of the Town repairing the Building even though the Town has no
legal liability to make said repairs, Park Theater does hereby release, quit and
forever discharge the Town of Estes Park, the Employee, and all of the Town’s
agents, other employees, attorneys, successors, officials and volunteers
DRAFT #2, 03/27/2013
including any person and entity that is anyway associated with the Town, and its
insurers of and from any and all liabilities, claims, demands, rights, controversies,
agreements, damages, actions, causes of actions, claims for loss, including any
and all claims for consequential damages, of whatsoever kind and nature, and
either in law or equity, arising out of and in any way related to the accident of
December 19, 2012 involving the Town’s front-end loader operated by the
Employee.
8. Park Theater agrees that this Agreement, including the full and final release,
shall be binding upon its agents, employees, principals, successors and assigns
and any and all persons or entities which shall have or made any claim on behalf
of themselves or be entitled to share in any settlement of any claim arising out of
the accident.
9. Park Theater states and warrants that Sharon Seeley has full and complete
authority to execute this Agreement on behalf of Park Theater including all of the
terms and conditions contained herein, including all language concerning
release, discharge, and settlement of all claims against the Town and the
Employee.
10. Park Theater further understands and agrees that no promise, inducement or
agreement not herein expressed has been made to it by the Town.
11. This full and final release and Settlement Agreement contains the entire terms of
the Agreement between the parties to settle this claim; the terms are contractual
and not a mere recital; and that this document shall be interpreted under the laws
of the State of Colorado.
12. Park Theater further understands and agrees that the agreement of the Town to
repair the Building is settlement of and compromise of all claims, and the
entering of this Agreement by the Town is not to be construed as an admission of
liability on the part of the Town, the Employee or any person or entity released
pursuant to the terms of this Agreement.
13. Park Theater declares that it has fully and carefully read this Full and Final
Release and Settlement Agreement and understands the content thereof. Park
Theater, including all principals of Park Theater, declares that it has sought and
received any necessary advice and explanation from its attorneys.
14. This Agreement shall be effective upon the execution hereof of Park Theater
Mall, LLC and by the Town following approval of this Agreement by the Board of
Trustees of the Town of Estes Park.
DRAFT #2, 03/27/2013
PARK THEATER MALL, LLC TOWN OF ESTES PARK
By:_____________________ By:____________________
Sharon Seeley Bill Pinkham, Mayor
ATTEST:
_______________________
Town Clerk