agenda ouray city council th avenue community center...
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AGENDA OURAY CITY COUNCIL
320 6th Avenue – Community Center MASSARD ROOM
October 21, 2019 Regular Meeting 6PM
Electronic copies of the Council Packet are available on the City website at www.cityofouray.com. A hard copy of the Packet is also available at the Administrative Office for interested citizens.
Action may be taken on any agenda item
Notice is hereby given that a majority or quorum of the Planning Commission, Community Development Committee, Beautification Committee, and/or Parks and Recreation Committee may be present at the above noticed City Council meeting to discuss any or all of the matters on the agenda below for Council consideration
6PM - Regular Meeting 1. CALL TO ORDER2. ROLL CALL3. PLEDGE OF ALLEGIANCE4. CEREMONIAL/INFORMATIONAL - Mary Mitchell Recognition5. CITIZENS’ COMMUNICATION6. CITY COUNCIL REPORTS/INFORMATION
Glenn Boyd, Dawn Glanc, Bette Maurer, Ethan Funk, and Pam Larson7. DEPARTMENT REPORTS
a. City Administratorb. Finance and Administration Director
i. September Disbursements (Accept)ii. September Sales Tax Report (Discussion)
iii. September LOT Report (Discussion)c. Community Development Coordinator
8. CONSENT AGENDAa. Special Events Permit Application – BPOE Lodge #492. Halloween Haunted House, Oct 31st
b. Special Events Permit Application – Ouray County Nordic Council, November 12th
9. ACTION ITEMSa. Planning Commission Appointmentb. Consumer Data Privacy Policyc. Meter Equipment Contractd. EOC IGAe. Financial Services Agreementf. OIPI Fee Structure
10. DISCUSSIONa. Main Street Parkingb. Future Agenda Items
13. ADJOURNMENT
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Page 5Page 10
Page 17Page 14
Page 18
Page 19Page 20
Page 21Page 25
Page 31
Page 37Page 54
Page 57Page 60
Page 62
A PROCLAMATION BY
THE MAYOR OF THE
CITY OF OURAY, COLORADO
PROCLAMATION NO. 5, 2019
MARY MITCHELL DAY
WHEREAS, Mary Mitchell has incredible, unwavering passion for the City of Ouray and all who visit here, for the past 20
years she has welcomed visitors to Ouray at the Visitor Center inclusively and with genuine welcome and warmth, no
matter who they are or where they come from; and
WHEREAS, Mary always takes time to greet and acknowledge children giving them coloring books, crayons, information about local wildlife, and staying safe; and
WHEREAS, Mary is the longest-standing employee or volunteer at the Ouray Visitor Center and has trained, supported, and outlasted 5 executive directors; and
WHEREAS, Mary has not taken any vacation days in 20 years; and
WHEREAS, Mary’s waste management background makes her a passionate recycler and has helped the Visitor Center be greener; and
WHEREAS, Mary reminds visitors to “make lots of memories and give lots of hugs” and to stay safe “your loves want you back;” and
WHEREAS, Mary is the Colorado state expert on how to pronounce “Ouray” as stated on 9news in Denver on Jan 31 2017 , “Hooray for Ouray;” and
WHEREAS, Mary is a passionate supporter of everyone who works for the Ouray Tourism Office – she is always ready with a smile, a hug or a silly comment that will make you laugh about exactly what might be bugging you that day; and
WHEREAS, Mary reminds visitors to take care of our City and “keep Ouray on your bucket list so that you come back to see us” and many do return and stop in to see if she’s in on their return visits to Ouray.
NOW THEREFORE, I, Pamela J. Larson, the Mayor of the City of Ouray, do hereby proclaim
November 1, 2019 as Mary Mitchell Day
in the City of Ouray, and I ask all citizens to join the City Council in recognizing Mary Mitchell and showing appreciation
for her dedication to and love for our City.
_________________________________________ October 21, 2019
Pamela J. Larson, Mayor
ATTEST: _________________________________________
Melissa M. Drake, City Clerk
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City Administrator 10.17.19
• I worked with staff in two final budget meetings and further discussed the 2020 budget.The first draft of the budget will be used in our budget sessions on the 22nd and 23rd.
• I attended the BOCC and City Council work session that discussed our annualmemorandum of understanding. After discussions, a few revisions were necessary, whichCounty Administrator, Connie Hunt, will provide. Once an updated version is completed,this will come before council for any further discussions and approval.
• During the City Council meeting while discussion the OIPI proposed fee structure, it wasrequested that IPAT reconvene in a timely manner to further discuss business expansionideas prior to the beginning of season. This meeting has been set for October 30th.
• I met with Heather Toth and discussed the public restroom cleaning service. We havecontracted with Heather’s business since 2018 and will continue with her services forCitizen State Bank. Heather’s company will provide cleaning service Monday throughFriday at CSB twice a day until Memorial Day. From Memorial Day to Labor Day, theircompany will clean Wednesday through Sunday. The City will provide the service onSaturday and Sundays in the off season and Mondays and Tuesdays from Memorial Daythrough Labor Day. In our contract with CSB, we agreed to provide all maintenance andcleaning of the restrooms every day throughout the year the bathrooms would be open.
• I gave an Internet Safety presentation to the 6th and 7th graders at Ouray School. This isan annual presentation provided by request of Juvenile Diversion and with the assistanceof the Sheriff’s Office and our Juvenile Services program.
• I met with Pete Foster and discussed current water status, projects, and the rate study.JDS Hydro has prepared the first draft of the rate study, which is currently under reviewby staff and Pete. We will be sending a list of questions that will further identify anyissues or deficiencies that we find.
• I attended the Planning Commission meeting on the 9th. There were no major issues at thefinal PUD hearing, which resulted in a passing vote with specific conditions. The finalPUD hearing for City Council will be held on October 29th.
• I met with Mayor Larson and discussed the Water Initiative MOU that was presented tothe City by OIPI. The City is in the process of making changes to the MOU and will thenpresent them to OIPI for review.
• I met with Council Member Glanc and discussed various items with regards to the IcePark and IPAT.
• I met with our Land Use and Building Inspection department and discussed jobdescriptions, current projects, and the department moving forward. I am looking at everydepartment to determine the most efficient and effective organizational structure. As partof this review, I have also been discussing with staff other options for parks and facilitymaintenance. We feel that this needs to have greater focus to ensure our facilities andparks are receiving the necessary upkeep for many years to come. This will be discussedin future meetings.
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• I met with Dave and a local citizen at a project site on 9th Avenue. We discussed concernsabout walkways in the 200 block. City staff will be meeting to further discuss theconcerns.
• I spoke with a local resident who had water pressure issues and no water for a shortperiod of time. He identified with us that this has been a recurring problem since earlierin the year. Public Works responded and is looking into the issue.
• I conducted a walkthrough of Box Cañon with Director Rick Noll. The purpose of thewalkthrough was to further review areas of needed capital improvement that have beenproposed in the 2020 budget. These include the roadway to the building, specific areas oftrail work, fencing, and slope stabilization near the lower trail.
• I conducted follow up with the Chief’s interview process and candidates. As was publiclyannounced, Jeff Wood was the selected finalist. A conditional offer was extended andaccepted. Upon completion of the background investigation and provisional certificationrequirements, Jeff will begin. We are expecting to see him in mid-November.
4
City of Ouray Check Register - Monthly - Council Packet 1 Page: 1
Check Issue Dates: 9/1/2019 - 9/30/2019 Oct 17, 2019 04:17PM
Report Criteria:
Report type: Summary
Check.Type = {<>} "Adjustment"
Check Issue Date Check Number Payee Amount
09/04/2019 3923 UMB - Card Services 9,664.45 M
09/05/2019 52575 Anderson, Julie 250.00
09/05/2019 52576 Black Hills Energy 361.67
09/05/2019 52577 Glenn Boyd 52.00
09/05/2019 52578 Briggs, Kay 92.50
09/05/2019 52579 Colorado Analytical Lab 370.00
09/05/2019 52580 Deeply Digital LLC 60.00
09/05/2019 52581 Doherty, David 52.00
09/05/2019 52582 Drake, Melissa 52.00
09/05/2019 52583 Fritz, Rebecca 26.00
09/05/2019 52584 Glanc, Dawn 52.00
09/05/2019 52585 Hach Company 85.82
09/05/2019 52586 ID Wholesaler 265.00
09/05/2019 52587 John Deere Financial 159.96
09/05/2019 52588 Lancaster, Julie 52.00
09/05/2019 52589 Latta, Trevor 52.00
09/05/2019 52590 Martensen, Bev 52.00
09/05/2019 52591 Maurer, Bette 52.00
09/05/2019 52592 McCord, Cindy 174.71
09/05/2019 52593 Office Depot 127.66
09/05/2019 52594 Ouray Hardware & Mercantile 810.07
09/05/2019 52595 Par Mechanical Inc. 260.00
09/05/2019 52596 Peterson, Jennifer 190.00
09/05/2019 52597 Rapid Energy Solutions 202.50
09/05/2019 52598 Reher, Michael 250.00
09/05/2019 52599 Ridgway Greeners 1,800.00
09/05/2019 52600 Rocky Mountain Scenics 609.75
09/05/2019 52601 San Miguel Power Association 10,735.83
09/05/2019 52602 Seacrest Group 1,215.00
09/05/2019 52603 Smith Southwestern Inc 103.61
09/05/2019 52604 Suppleland, Brady 52.00
09/05/2019 52605 Verizon Wireless 922.54
09/05/2019 52606 Wright Water Engineers 1,536.00
09/06/2019 52607 Ouray Tourism Office 38,724.43
09/12/2019 52608 Alpine Planning LLC 4,240.00
09/12/2019 52609 Ballantine Communications Inc. 1,164.00
09/12/2019 52610 Bruin Waste Management 139.30
09/12/2019 52611 Canon Financial Services Inc. 480.00
09/12/2019 52612 Caselle Inc 737.00
09/12/2019 52613 CH Diagnostic & Consulting Services 445.00
09/12/2019 52614 Dairy Specialists, LLC 8,496.57
09/12/2019 52615 Duckett's Market 382.51
09/12/2019 52616 Fikes West 16.00
09/12/2019 52617 Fletcher, Tyler 25.00
09/12/2019 52618 Grand Junction Media, Inc 1,518.45
09/12/2019 52619 Grand Junction Pipe & Supply #1116 210.00
09/12/2019 52620 Hartman Brothers Inc 128.34
09/12/2019 52621 Justman's 120.00
09/12/2019 52622 Lawson Products 131.99
09/12/2019 52623 Masters & Viner P.C. 6,873.52
09/12/2019 52624 MCHD Regional Lab 40.00
09/12/2019 52625 Motorola Solutions 53,392.00
09/12/2019 52626 Office Depot 11.49
M = Manual Check, V = Void Check
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City of Ouray Check Register - Monthly - Council Packet 1 Page: 2
Check Issue Dates: 9/1/2019 - 9/30/2019 Oct 17, 2019 04:17PM
Check Issue Date Check Number Payee Amount
09/12/2019 52627 Producers Co-Op 2,257.52
09/12/2019 52628 Recreonics Inc. 585.11
09/12/2019 52629 Rustic Metal Welding Designs LLC 8,468.00
09/12/2019 52630 Schultz, Susanna 250.00
09/12/2019 52631 State of Colorado 863.00
09/12/2019 52632 Telluride Newspapers Inc. 329.00
09/12/2019 52633 Thompson Distributing Inc 402.99
09/12/2019 52634 UNCC 32.66
09/12/2019 52635 Water Quality Control Professionals 450.00
09/19/2019 52636 Alpenglow Publishers LLC 962.66
09/19/2019 52637 CenturyLink 319.37
09/19/2019 52638 City of Grand Junction 549.00
09/19/2019 52639 City of Montrose 20.00
09/19/2019 52640 CobraHelp 26.00
09/19/2019 52641 Delta Dental of Colorado 2,226.90
09/19/2019 52642 Fastenal Company 320.97
09/19/2019 52643 Funk, Ethan 52.00
09/19/2019 52644 Holland Signs Inc 14,020.00
09/19/2019 52645 JVA Inc. 14,001.50
09/19/2019 52646 KCL Group Benefits 1,231.65
09/19/2019 52647 Steve Martinez 200.00
09/19/2019 52648 MCC Drug & Alcohol Screening 166.00
09/19/2019 52649 NAPA Auto Parts 279.67
09/19/2019 52650 Office Depot 148.17
09/19/2019 52651 Ridgway Hardware 586.37
09/19/2019 52652 Rocky Mountain Health Plans 32,354.54
09/19/2019 52653 Sherwin Williams 251.84
09/19/2019 52654 UMB BANK NA - Trust Operations 400.00
09/19/2019 52655 Vision Service Plan 411.52
09/19/2019 52656 West Elk Supply LLC 40.00
09/26/2019 52657 All-Phase Electric Supply 48.75
09/26/2019 52658 Alpine Lumber Company 325.17
09/26/2019 52659 CIRSA 332.73
09/26/2019 52660 Cogent 3,286.36
09/26/2019 52661 Commercial Tire Service Inc. 1,069.70
09/26/2019 52662 Critical Tool 306.76
09/26/2019 52663 England Fence Company 500.00
09/26/2019 52664 Fastenal Company 27.58
09/26/2019 52665 George T. Sanders Co. 386.05
09/26/2019 52666 Government Finance Officers Association 160.00
09/26/2019 52667 ImageNet Consulting, LLC 14.34
09/26/2019 52668 Lori Leo 533.62
09/26/2019 52669 Max Fire 269.60
09/26/2019 52670 Montrose Signs Inc 112.00
09/26/2019 52671 NAPA Auto Parts 517.50
09/26/2019 52672 Office Depot 52.78
09/26/2019 52673 Ridgway Fire Protection District 2,660.35
09/26/2019 52674 Rocky Mountain Electric Motors 5,703.59
09/26/2019 52675 ROI Fire & Ballistics Equip. 2,577.00
09/26/2019 52676 USABlueBook 3,029.40
09/26/2019 52677 Ute Water Conservancy 400.00
09/26/2019 52678 Wagner Equipment Co. 1,821.57
Grand Totals: 254,357.96
M = Manual Check, V = Void Check
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City of Ouray Check Register - Monthly - Council Packet 1 Page: 3
Check Issue Dates: 9/1/2019 - 9/30/2019 Oct 17, 2019 04:17PM
Report Criteria:
Report type: Summary
Check.Type = {<>} "Adjustment"
M = Manual Check, V = Void Check
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City of Ouray Journals - Disbursements - EFT Page: 1
CASH DISBURSEMENTS (CD) Oct 17, 2019 04:19PM
Period: 9/30/2019 (09/19)
Report Criteria:
Total By Reference Number and Date
Journal Code.Journal code = "cd"
Reference Account Debit Credit
Date Number Payee or Description Number Account Title Amount Amount
09/30/2019 1 9/5 XBP Online Processing Fee 20-50-6150 Online Processing Fees 109.25
9/5 XBP Online Processing Fee 23-50-6150 Online Processiong Fees 109.25
218.50*
09/30/2019 2 9/5 XBP Online Processing Fee 01-00-1000 CSB Checking-NOW 218.50-
09/30/2019 3 9/5 BC CC Tape 50-51-7830 Office Supplies 9.00
09/30/2019 4 9/5 BC CC Tape 01-00-1000 CSB Checking-NOW 9.00-
09/30/2019 5 9/17 BC CC Tape 50-51-7830 Office Supplies 9.00
09/30/2019 6 9/17 BC CC Tape 01-00-1000 CSB Checking-NOW 9.00-
09/30/2019 7 9/9 Pool Bankcard Vantiv 50-50-6150 Bankcard Charge-VISA/MC 9,371.57
09/30/2019 8 9/9 Pool Bankcard Vantiv 01-00-1000 CSB Checking-NOW 9,371.57-
09/30/2019 9 9/20 FPPA Pension Contribution 10-52-7910 Pension Fund Contribution 18,000.00
09/30/2019 10 9/20 FPPA Pension Contribution 01-00-1000 CSB Checking-NOW 18,000.00-
09/30/2019 11 9/16 WageWorks 10-50-5831 Flex Plan Costs 116.00
09/30/2019 12 9/16 WageWorks 01-00-1000 CSB Checking-NOW 116.00-
09/30/2019 13 9/3 Pool CC Fee 50-50-6150 Bankcard Charge-VISA/MC 59.72
09/30/2019 14 9/3 Pool CC Fee 01-00-1000 CSB Checking-NOW 59.72-
09/30/2019 15 9/3 BC CC Fee 50-51-6150 Bankcard Charge-VISA/MC 953.85
09/30/2019 16 9/3 BC CC Fee 01-00-1000 CSB Checking-NOW 953.85-
09/30/2019 17 9/3 Paymentech Fee 20-50-6150 Online Processing Fees 151.44
9/3 Paymentech Fee 23-50-6150 Online Processiong Fees 151.45
302.89*
09/30/2019 18 9/3 Paymentech Fee 01-00-1000 CSB Checking-NOW 302.89-
Documents: 18 Transactions: 20
Total CD: 29,040.53 29,040.53-
Total 919: 29,040.53 29,040.53-
Grand Totals: 29,040.53 29,040.53-
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City of Ouray Journals - Disbursements - Payroll Summary Page: 1
CASH DISBURSEMENTS - PAYROLL (CDP) Oct 17, 2019 04:19PM
Period: 9/30/2019 (09/19)
Report Criteria:
Total By Reference Number and Date
Journal Code.Journal code = "cdp","cdpt"
Reference Account Debit Credit
Date Number Payee or Description Number Account Title Amount Amount
Total CDP: 172,632.49 172,632.49-
Total 919: 172,632.49 172,632.49-
Grand Totals: 172,632.49 172,632.49-
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Lodging,campgrnds.40%
Retail - Local Gift, Hardware, & Groceries
21%
Retail - Remote7%
Trans & Pub. Util.3%
Eating & Drinking26%
Const. & Manufacturing1% Services - all other
1% Wholesale Trade1%
City of OurayJuly 2019 Sales Tax Revenues by Business Category
(received in September 2019)
10
CITY OF OURAY2019 MONTHLY SALES TAX REVENUES BY BUSINESS CATEGORY
2019 SALES TAX REVENUES BY BUSINESS CATEGORY(1) Funds received by City in: July (mostly re: May)
Business Category January February March April May June
Lodging,campgrnds. 13,666.95$ 23,993.54$ 28,795.73$ 23,081.46$ 24,204.56$ 11,514.27$ Retail - Local Gift, Hardware, & Groceries 15,796.08 13,537.82$ Retail - Remote 11,214.47 8,713.63$ Trans & Pub. Util. 6,945.48 7,669.12 8,921.19 8,674.18 7,669.48 7,682.91 Eating & Drinking 9,178.32 14,237.33 14,541.71 11,248.23 14,162.03 9,778.52 Const. & Manufacturing 6,376.27 7,047.90 8,063.58 5,624.30 5,881.55 5,063.81 Services - all other 992.42 3,285.33 1,263.49 197.56 1,503.59 616.97 Wholesale Trade 186.47 977.95 992.09 565.13 411.73 970.54 Retail - groceries,liquor, candy, hardware, gas16,774.84 24,305.11 25,020.27 21,912.81 Retail - gift, souvenir, variety, books 3,733.10 9,235.38 1,688.88 1,264.87 Finance, Ins. Real Estate 595.19 1,045.92 970.95 899.22 Mining - - All Other - -
TOTAL 58,449.04$ 91,797.58$ 90,257.89$ 73,467.76$ 80,843.49$ 57,878.47$
Business Category July August September October November December
Lodging,campgrnds. 27,510.54$ 78,071.91$ 126,807.22$ Retail - Local Gift, Hardware, & Groceries 17,935.12$ 40,820.67$ 66,406.83$ Retail - Remote 15,040.67$ 24,312.87$ 23,844.82$ Trans & Pub. Util. 7,580.80 8,159.57 8,481.85 Eating & Drinking 26,140.45 53,058.86 82,551.16 Const. & Manufacturing 498.78 1,785.74 4,389.99 Services - all other 755.76 2,508.36 2,109.50 Wholesale Trade 1,009.61 1,734.70 2,151.08 Retail - groceries,liquor, candy, hardware, gasRetail - gift, souvenir, variety, booksFinance, Ins. Real EstateMiningAll Other
TOTAL 96,471.73$ 210,452.68$ 316,742.45$ -$ -$ -$
(1) Month tax received from State of Colorado, representing sales from two months earlier (e.g. tax shown as APRIL is mostly from FEBRUARY)
X:\Treasurer\Data\Sales Tax\2019\buscat2019 BUSCATEG 10/14/2019 10:15 AM
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0
50000
100000
150000
200000
250000
300000
350000
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
Notes: Figures represent revenue received in SeptemberSales Tax increased from 3% to 4% on January 1, 2016
CITY OF OURAYJULY SALES TAX REVENUE COMPARISON
Over Past 10 Years
12
CITY OF OURAYSALES TAX REVENUES BY BUSINESS CATEGORY 2010-2019
SALES TAX REVENUES BY BUSINESS CATEGORYSEP
Business Category 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
Lodging,campgrnds. 50,791.20$ 54,474.74$ 64,438.33$ 55,669.37$ 64,733.86$ 61,071.24$ 90,544.16$ 99,431.29$ 112,988.15$ 126,807.22$ Retail - Local Gift, Hardware, & Groceries 20,252.00 19,081.19 19,887.22 18,476.48 17,626.49 25,248.04 36,648.52 66,406.83 Retail - Remote 17,667.22 16,902.47 17,650.34 15,795.85 18,277.55 18,119.97 26,921.45 23,844.82 Retail - groceries,liquor, candy, hardware, gas, jewelry6,219.00 12,956.37 6,291.76 6,439.99 6,873.57 6,548.37 7,557.69 35,795.43 39,710.28 Retail - gift, souvenir, variety, books 29,802.38 30,153.99 32,323.00 29,034.73 30,582.58 33,058.00 53,120.40 26,720.55 23,940.58 Trans & Pub. Util. 6,574.76 11,863.76 12,022.59 13,279.07 14,166.16 17,305.76 24,409.82 7,313.49 7,620.27 8,481.85 Eating & Drinking 4,059.00 2,711.63 2,904.21 2,691.21 2,929.74 2,618.39 7,429.28 51,789.07 48,960.24 82,551.16 Const. & Manufacturing 8,055.00 10,723.86 6,790.45 12,541.96 11,764.93 16,137.44 18,755.74 23,542.83 24,435.26 4,389.99 Services - all other 37.00 27.00 128.84 124.16 158.00 658.84 197.56 11,446.96 9,124.30 2,109.50 Finance, Ins. Real Estate 14,858.76 8,558.28 Wholesale Trade 164.71 538.27 2,151.08 Mining - - - - - - All Other 21.37 34.20 185.25 2.85 - 2.85 -
TOTAL 143,478.93$ 158,929.21$ 162,621.99$ 154,055.67$ 167,112.88$ 180,768.90$ 265,584.62$ 271,063.09$ 275,875.63$ 316,742.45$
X:\Treasurer\Data\Sales Tax\2019\buscat2019 BUSCATEGmonth 10/14/2019 10:16 AM
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Ouray Lodging 0cc. Tax Collection Summary
ROOMS 2011 2012 2013 + RVs,
Month Unfurn.Cabins January 4275 4452 4343 February 3093 3446 3673 March 2156 2975 2746 April 1341 1912 1661 May 3684 4914 4248 June 9310 10282 10971 July 17222 16781 16285 August 13820 14672 13688 September 12647 12361 12004 October 5170 4876 5825 November 1344 1709 2084 December 2734 2805 3589
Total Rooms 76796 81185 81117
+ RVs , DOLLARS Unfurn.Cabins January $11,857 $11,755 $11,729 February $8,303 $8 ,855 $9 ,749 March $6,015 $7,792 $7,260 April $3,667 $4,974 $4,475 May $9,878 $13,131 $11,738 June $24,611 $26,440 $28,572 July $43,817 $43,054 $42,369 August $34,711 $34,737 $35,708 September $34,013 $33,413 $32,326 October $14,400 $13,309 $15,848 November $3,538 $4 ,261 $5,348 December $7,368 $7,617 $9,816
Total Dollars $202,178 $209,338 $214,938
Data represents rooms and dollars for month in which lodging activity occurred. LOT report and payment are due by 20th of following month. "ROOMS" data includes exempt rooms.
2014 2015 2016
4349 5712 5826 3874 4816 5226 2949 3394 3638 1836 2236 2660 4149 5047 5850
10718 12015 13521 17248 19171 19960 15198 16477 16949 13377 15478 16149 6450 7937 7691 1936 2141 2113 3696 3656 3382
85780 98080 102965
$11,848 $15,867 $15,819 $10,430 $12,468 $13,908
$7,945 $9,240 $9,505 $4,975 $5,701 $6,633
$11,357 $13,876 $15,372 $28,419 $31,431 $34,498 $44,740 $47,884 $49,767 $40,035 $41 ,643 $41,801 $35,960 $40,336 $41,704 $17,556 $21,385 $20,717
$5,092 $5,136 $5,802 $9,918 $9,571 $9,590
$228,275 $254,538 $265,116
Columns for 2011 and 2012 include RVs and Unfurnished Cabins. Columns for 2010 and prior exclude this category.
2017 2018
5113 5782 4509 5085 3499 4763 2411 3080 5939 7396
14494 14578 20248 19802 17344 17613 16526 17743 7762 7462 2674 2856 4226 5038
104745 111198
$13,795 $16,294 $12,648 $14,021
$9,529 $12,884 $6,294 $8,090
$15,734 $19,031 $36,654 $36,236 $50,344 $49,371 $42,090 $43,236 $41,965 $44,480 $20,355 $19,711
$7,079 $7,000 $11,882 $13,622
$268,369 $283,976
2019
6187 5582 4087 2827 7892
14982 19395 18560
79512 Year to Date
$22,346 $19,508 $14,413
$8,312 $22,055 $62,208
$109,607 $90,606
$349,055 Year to Date
19 vs 18
7.00% 9.77%
-1 4.19% -8.21% 6.71% 2.77%
-2.06% 5.38%
37.14% 39.14% 11.86% 2.74%
15.89% 71.67%
122.01% 109.56%
\\WALL Y\SharedlClerkll O TILOTSUM
14
OURAY LODGING OCCUPANCY TRENDS
Based on Lodging Occupation Tax Collections
2017 Avail. Rooms
Rooms Rented Occ.%
+ RVs, Unfurnished Cabins
January 16537 5113
February 14756 4509
March 16125 3499
April 12262 2411
May 22414. 5939
June 21746 14494
July 22124 20248
August 22258 17344
September 20931 16526
October 18319 7762
November 16260 2674
December 16814 4226
Total 220546 104745
Exempt Rooms
30.9%
30.6%
21.7%
19.7%
26.5%
66.7%
91.5%
77.9%
79.0%
42.4%
16.4%
25.1%
47.5%
Data represents rooms for month in which lodging activity occurred. LOT report and payment are due by 20th of following month. "Rooms Rented" columns includes exempt rooms. "Exempt Rooms" columns are tor memo purposes only.
336 165 232 212 259 654 931
1164 822 454 281 172
5682
2018 2019 Avail. Rooms Exempt Avail. Rooms Exempt Rooms Rented Occ.% Rooms Rooms Rented Occ.% Rooms + RVs, Unfurnished Cabins + RVs, Unfurnished Cabins
16882 5782 34.2% 244 19347 6187 32.0% 387 15960 5085 31.9% 261 17528 5582 31.8% 287 17293 4763 27.5% 252 18379 4087 22.2% 388 16699 3080 18.4% 213 18261 2827 15.5% 247 20713 7396 35.7% 401 22739 7892 34.7% 334 21403 14578 68.1% 626 21679 14982 69.1% 302 21763 19802 91.0% 815 22882 19395 84.8% 452 21741 17613 81 .0% 837 24028 18560 77.2% 465 21339 17743 83.1% 767 19545 7462 38.2% 351 16113 2856 17.7% 400 17028 5038 29.6% 388
226479 111198 49.1% 5555 164843 79512
Year to Date Year to Date
\ \WALLY\Shared\Clerk\L O T\LOTRENDS
15
2019 Lodging Occupation Tax, By Business Category
AVAILABLE ROOMS Jan Feb Mar Apr May Jun
Hotel , Motel 13,329 11,538 11,687 12,725 13,604 13,138 Bed and Breakfast 921 826 922 540 932 1,080 House Townhouse Condo (1) 2,590 2,598 3,011 2,686 2,958 2,871 RV Soace, Unfurnished Cabin 2,507 2,566 2,759 2 310 5,245 4,590
Total Rooms 19,347 17,528 18,379 18,261 22,739 21,679
ROOMS RENTED Jan Feb Mar Apr May Jun
Hotel Motel 4,903 4,445 3,140 2,254 4,690 9,791 Bed and Breakfast 164 146 99 49 152 371 House Townhouse, Condo (1) 566 488 330 161 352 1,140 RV Soace Unfurnished Cabin 554 503 518 363 2,698 3,680
Total Rooms 6,187 5,582 4,087 2,827 7,892 14,982
DOLLARS Jan Feb Mar Apr Mav Jun
Hotel Motel $ 17,835.84 $ 15,588.19 $ 11,543.22 $ 7,043.49 $ 17,564.19 $ 45,767.08 Bed and Breakfast $ 637.29 $ 738.10 $ 753.84 $ 237.07 $ 787.29 $ 2,794.44 House Townhouse, Condo (1) $ 3,351.28 $ 2,554.47 $ 1,455.41 $ 759.32 $ 2,167.71 $ 7,929.69 RV Soace, Unfurnished Cabin $ 521.86 $ 627.73 $ 660.17 $ 272.14 $ 1,535.74 $ 5,716.67
Total Dollars $ 22,346.27 $ 19,508.49 $ 14,412.64 $ 8,312.02 $ 22,054.93 $ 62,207.88
(1) For a property that is marketed as a stand-alone short-term rental, for which there are no hotel/motel ammenities offered.
Data represents rooms for month in which lodging activity occurred.
LOT report and payment are due by 20th of following month. "Rooms Rented" columns includes exempt rooms.
Jul Aug
14,043 15,291 1,142 1,144 2,954 2,850 4,743 4,743
22,882 24,028
Jul Aug
12,193 11,598 704 789
1,780 1,590 4,718 4,583
19,395 18,560
Jul Aua
$ 80,758.11 $ 62,760.80 $ 5,265.68 $ 4,482.60 $ 15,178.81 $ 15,715.74 $ 8,404.14 $ 7,646.52
$ 109,606.74 $ 90,605.66
Sep Oct Nov Dec Total
105 355 7,507
22 51 8 29 463
164,843
Sep Oct Nov Dec Total
53 014 2,474 6 407
17,617
79,512
Sep Oct Nov Dec Total
-$ 258,860.92 $ 15,696.31 $ 49,1 12.43 $ 25 384.97
$ - $ - $ - $ - $ 349,054.63
\\WALLY\Shared\Clerk\L O T\LOTcategories 16
320 6th Avenue PO Box 468 Ouray, Colorado 81427
970.325.7211 Fax 970.325.7212
www.cityofouray.com
TO: Ouray City Council
FROM: Chris Hawkins, Community Development Coordinator
DATE: October 16, 2019
SUBJECT: Community Development Report
Community Development work the prior month included the following major tasks:
1. Twin Peaks Final PUD work.2. Community Plan Update Steering Committee Meeting and Community Plan Update work.3. Complete Building Better Places Training application and successfully get accepted into
the program.4. Site Development Permit Review.5. Wright Opera House Variance.6. Planning Commission member recruitment7. Address several land use inquiries.8. Countywide Hazard Plan Review.9. Budget assistance.
The Building Official started in his full time capacity with the following highlights:
1. Issue building permits and perform inspections2. Close out Building Permits and send appropriate documentation to property owners3. Assist potential property/home buyers with code and zoning related questions4. Create and send letter to Short-term Rental (STR) property owners regarding timeline5. Field numerous questions shortly thereafter and take in numerous applications
a. Perform STR Site Inspectionsb. Work out taxation issues regarding property classification with County Assessorc. Provided projected income from permit fees to Department Head, Clerk and City
Administrator6. Finalize documents relating to Water Meter purchase and distribute as necessary7. Continue testing water meters and getting sense of water use issues8. Pick up/deliver Waste Management Bear Resistant trash containers to locations where
errors were made9. Continue work on open formal complaints regarding litter, junk and nuisances (3)10. Included follow up site visits, meeting with property owners and work towards resolution.11. Continue ongoing discussions, investigations re: Bachelor Switch and RV Parks12. Perform Property Declaration inspections and report findings/changes to Bev13. Advise Public Works on matters of public rights of way14. Resume work on Backflow Prevention Program15. Attend meetings with Department Head and City Administrator16. Revise digital file storage system17. Assist staff on minor maters of City Hall maintenance18. Review State statues pertaining to Hotels, Motels, B&B’s, Park Model RV’s, Mobile
Homes due to recent influx of questions
17
________________________________________________________________________________
CONSENT AGENDA ITEMS (October 21, 2019):
Special Events Liquor Permit – BPOE Lodge #492. Halloween Haunted House, Oct 31st
Action Requested – Will City Council approve the Special Events Liquor Permit for the ElksLodge #492 for the Halloween Haunted House event to be held on October 31st?
Background – This is an annual event hosted by the local Ouray Elks Lodge (#492) and will be held at the lodge. Law enforcement has not had any issues with this event in the past and all the necessary paperwork and administrative requirements have been met.
Recommendation – City Staff recommends approval of the Special Event Liquor Permit for BPOE Lodge #492, to be held on October 31st.
Special Events Liquor Permit – Ouray County Nordic Council, November 12th
Action Requested – Will City Council approve the Special Events Liquor Permit for OurayCounty Nordic Council, to be held on November 12th?
Background – This is an annual event hosted by the Ouray County Nordic Council andwill be held at the City of Ouray Community Center. Law enforcement has not had anyissues with this event in the past and all the necessary paperwork and administrativerequirements have been met.
Recommendation – City Staff recommends approval of the Special Events Liquor Permitfor Ouray County Nordic Council, to be held on November 12.
P.O. Box 468320 Sixth AvenueOuray, Colorado 81427
970.325.7211Fax 970.325.7212
www.cityofouray.com
18
DR 8439 (06/28/06)COLOFAOO DEPARTMENT OF REVENUELIOUOR ENFORCEMENT DIVISION1375 SHERMAN STREEToENVER CO 802S1
205-2300
Department Use OnlY
APPLICATION FOR A SPECIALEVENTS PERMIT
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OATH OF APPLICANT
permit, if granted, will comply rvith the provisions oJ Title 12, Article
THEBEFORE, THIS APPLICATION IS APPROVED'
REPORT oR couNTY)AND APPROVAL OF LOCALUCENSING AUTHORITYof the applicant is satisfactorY'business conducted and characterhas besn examined and the Premises,The loregoing application
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StateLiabilaty DateLicense Account NumberTOTAL
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(lnslruclions on Reverse Size)
19
DR 8439 (06t28/06)COLORADO DEPARTMENT OF REVENUELIQUOF ENFORCEMENT DIVISION1375 SHERMAN STREETDENVER CO 80261
205-2300
4. PRES./SEC'Y OF ORc. or POLITICAL CANDIDATE
5. EVENT MANAGER
APPLICATION FOR A SPECIALEVENTS PERMIT
Department Use Only
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in the second degree that I have read the foregoing application and all aftachments thereto, andcorrect, and camplete to the best of my knowledge.
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20
________________________________________________________________________________
ACTION ITEMS (October 21, 2019):
Planning Commission Appointment
Action Requested – Will City Council appoint a new member to the City of Ouray Planning Commission?
Background – The Community Development Department has been advertising a seat on the City of Ouray Planning Commission for the last several months to fill a seat that was vacated by Tom Tyler. The City received three applications from Margaret Henderson, Frank (Mike) Fedel, and Josh Smith. Ms. Henderson withdrew her application leaving the remaining two applicants. The City Council requested the Planning Commission interview the two candidates and provide a recommendation for appointment. The Planning Commission conducted the interview at its October 9, 2019 meeting and recommended the City Council appoint Josh Smith to the Planning Commission. Staff has notified both applicants of the Council meeting and requested they attend to answer any Council questions.
Recommendation – City staff recommends that City Council fill the vacant Planning Commission seat by appointing one of the two applicants.
Consumer Data Privacy Policy
Action Requested – Will City Council approve the proposed Consumer Data Privacy Policy?
Background – This item was tabled during the September 16th meeting, as Council had requested a few revisions. Revisions have been made and the policy now comes to City Council for possible approval and adoption. The purpose of this Policy is to adopt written procedures for the destruction or proper disposal of paper and electronic documents containing personal identifying information and sets forth requirements regarding the protection of personal identifying information, and
P.O. Box 468320 Sixth AvenueOuray, Colorado 81427
970.325.7211Fax 970.325.7212
www.cityofouray.com
21
procedures should a breach regarding personal identifying information occur, pursuant to C.R.S. § 6-1-713, 713.5, 716 and § 24-73-101, et. seq.
Recommendation – City Staff recommends City Council approve and adopt the Consumer Data Privacy Policy.
Meter Equipment Contract
Action Requested – Will City Council approve the equipment contract with Mountain States Pipe & Supply Co. for Water Meters, Data Collection Equipment, Accessories and Software Agreement?
Background - After extensive review of the finalist for Water Meter Vendor, as specified in RFP1905-01, City staff supports the City entering into an agreement with Mountain States Pipe and Supply/Kamstrup Meters USA. We believe the manufacturer, Kamstrup, provides the best product and support available that suits our unique community. Mountain States Pipe and Supply is the regional distributor of Kamstrup products. Their proven track record includes numerous installations and years of utility supply. This combination of local and international expertise is what we are looking for during the transition from our current system of water billing (the EQR) to Advanced Metering Infrastructure (AMI).
AMI provides data collection via two-way communication, eliminating the need for manual meter reading. The contract will encompass the phased purchasing of the meters, data collection equipment, miscellaneous fittings and software hosting. Exhibit “A” outlines the cost in detail for year one and the balance of the cost to deliver the product over a period of time established by the City. Exhibit “B” is the Software License and Hosting Agreement, which outlines the terms of the contract by which we will utilize Kamstrup READy software. Please note that this contract is for the purchase of the meters, equipment and software licensing. It does not include the installation, which is covered by RFP1905-02. The separate installation contract will be negotiated with a local plumber upon acceptance of this contract or a modified version of it. Masters & Viner, P.C. has reviewed and revised the documents with the approval of Jerry Uhlman, Vice President of Mountain States Pipe and Supply.
Recommendation – City Staff recommends City Council approve the contract withMountain States Pipe & Supply Co. for Water Meters, Data Collection Equipment,Accessories and Software Agreement.
Emergency Operations Center IGA – Ouray County
22
Action Requested – Will City Council approve the Intergovernmental Agreement with Ouray County to use the Community Center as an alternate location for the Emergency Operations Center during an emergency event?
Background - The City and County adopted its emergency management plans for itsjurisdiction, including provisions for the preparation, prevention, mitigation, response, and recovery from emergencies and disasters. Ouray County desires thatthe Community Center, owned and operated by the City at 320 6th Avenue, be madeavailable to the County, if necessary, in an emergency. Colorado legislature encourages local governments to enter mutual aid agreements to enhance emergency response and recovery and are thus essential to protecting the public peace, safety, health, and welfare, including the lives and property, of the people ofthe state of Colorado, C.R.S § 24-33.5-705.4(1)(b).
Recommendation – City Staff recommends City Council approve the IGA with theCounty to allow them access and use of the Community Center during an emergencyevent.
Financial Services Agreement
Action Requested – Will City Council approve the agreement with Northland Securities as Placement Agent for the refinancing of the City’s existing tax-exempt lease purchase (Certificate of Participation) agreement?
Background – The City of Ouray has been looking into options and alternatives forreducing cost with our current Certificate of Participation. Our current interest ratefor the COP is 4% for the life of the loan and with current interest rates as of August,we could potentially reduce this to approximately 2.5%. After review of all the information, the City could potentially save an estimated 14.7% over the life of theloan or $645,000.00 (life of the loan) or with today’s dollar value, $410,000.00. Citystaff spoke with Northland Securities regarding this process and had them present toCity Council on August 20th of this year. Instead of continuing at that time with Northland Securities with a Professional Services Agreement, City Council requesteda formal RFP be published. An RFP was published and after the September 20th closedate, we had one respondent for Placement Agent, Northland Securities, and one respondent for possible financing, Alpine Bank. Citizen State Bank responded andadvised that they do not currently have a Placement Agent resource for these typesof public transactions.
For serving as Placement Agent, Northland Securities shall be paid an underwriter’s discount/placement agent fee based on a percentage of the total par amount. A “not to exceed” percentage for underwriter’s discount/placement agent fee will be
23
determined when the actual terms of the COP have been set. The compensation due to Northland shall be deducted from proceeds at closing.
Recommendation – City staff recommends City Council approve the agreement withNorthland Securities as Placement Agent for the refinancing of the City’s existing tax-exempt lease purchase (Certificate of Participation).
Ouray Ice Park Inc. 2019/2020 Season Fee Structure
Action Requested – Will City Council approve OIPI’s proposed 2019/2020 fee structure?
Background – As per the Ouray Ice Park Comprehensive Management Agreement (Agreement) effective June 1, 2018, OIPI has the ability to create a fee structure for Institutional and Commercial Users. As stated in the Agreement, “Beginning with the 2019-20 Season, Commercial Users may be charged a fee” (Agreement, section IV A). As further defined in the Agreement, section IV C, “The fee structure is to be determined, customary to fees charged in similar built environments, and may be a percentage of gross sales (3%, 5%, etc.), or a fee charged per individual user. The fee structure shall be approved by both the City and OIPI, and may be adjusted from time to time. Any fee structure that includes Commercial Guides shall include Institutional Users.”
OIPI has submitted a fee structure proposal for the 2019/20 season which is included within this packet. The IPAT (Ice Park Advisory Team) group met on October 2nd and came to a majority consensus and recommendation regarding the proposed fees, which is as follows:
“The IPAT supports the fee increase proposed by OIPI as long as OIPI provides an expanded business opportunity for guide services to recoup the added costs. OIPI must work with guides to come up with solutions that are in alignment with the management agreement before the start of the 2019 season. While discussing allocations, IPAT believes it may also be possible to implement solutions that will benefit other problems such as crowding on weekends.”
Recommendation – Based on IPAT recommendation and consensus, City staff recommends City Council approve the new fee structure.
24
320 6th Avenue PO Box 468 Ouray, Colorado 81427
970.325.7211 Fax 970.325.7212
www.cityofouray.com
TO: Ouray City Council
FROM: Chris Hawkins, Community Development Coordinator
DATE: October 16, 2019
SUBJECT: Community Development Report
The Community Development Department has been advertising a seat on the City of Ouray Planning Commission for the last several months to fill a seat that was vacated by Tom Tyler. The City received three applications from Margaret Henderson, Frank (Mike) Fedel, and Josh Smith. Ms. Henderson withdrew her application leaving the remaining two applicants. Applications for the Planning Commission appointment are attached to this memo.
The City Council requested the Planning Commission interview the two candidates and provide a recommendation for appointment. The Planning Commission conducted the interview at its October 9, 2019 meeting and recommended the City Council appoint Josh Smith to the Planning Commission.
Staff has notified both applicants of the Council meeting and requested they attend to answer any Council questions.
25
26
27
28
APPLICATION FOR PLANNING COMMISSIONCity of OurayP0 Box 468
Ourav, Colorado 81422Telephone: (970)3257211 FAX: (970) 3257212
An Equal Employment Opportunity Employer
Thank you for you interest in applying for our Planning Commission. Please complete the following on yourbackground' This information will allow us to select and appoint a balanced memtership for our plinningCommission.
PART 1: PERSONAL DATA
e "l.e
E-Mail Address:Home Telephone NumberBusiness Telephone Number:Name, address and telephone number of present employer:
Present jobPresent employment is (check one) Part-timeMay we contact you at work for Planning commission related issues? No
PART 2: LAND USE/PLANNING EXPERIENCE
Do you have experience in land use/planning
Full Name:Address:
If please information about
l.I
@)
development?experience.
@ No
^t<
|"'
Have you served on a Planning Commission before?Please tell us when and
cNo
'2@
29
PART 3: BACKGROLIND INFORMATION
How long have you lived in the City of Ouray?What do you think are the major growth issues affecting City?
What vision do have of the future of land development in the City of Ouray?yout c- J5 Y\(16>L,
CONFLICT OF INTERESTIt is the policy of the Ouray City Council that any Planning Commission member shall not:
1. Engug" in a substantial financial transaction for private business purposes with a person whom he
inspects, regulates, or supervises in the course ofhis broad duties;
2. Asiist any person for a fee or other compensation in obtaining any contract, claim, license, or other
economic benefit from this Commission;3. Perform an official act directly or substantially affecting its economic benefit a business or other
undertaking in which he either has a substantial financial interest or is engaged as counsel, consultant,
representative, or agent;4. Pirticipate in litigation either directly or indirectly against the City of Ouray or provide legal
represintation to any client who is in fact engaged in litigation against the City of Ouray.
I certify that the information on this application form and the documentation provided in support of the
application are true, accurate, and complete.
c
L*t^ tr4 J.J-( 7 lzc / tgSignature
,Fl'a^ k 14 " Fcfl, IDate
Print Name
2
30
City of Ouray Administrative Services Policy No. 3
POLICY CONCERNING THE DESTRUCTION, DISPOSAL, AND PROTECTION OF PERSONAL IDENTIFYING INFORMATION
Current Version:
31
Section 1. PURPOSE
The purpose of this Policy is to adopt written procedures for the destruction or proper disposal of paper and electronic documents containing personal identifying information and sets forth requirements regarding the protection of personal identifying information, and procedures should a breach regarding personal identifying information occur, pursuant to C.R.S. § 6-1-713, 713.5, 716 and § 24-73-101, et. seq.
Section 2. APPLICABILITY
This Policy shall apply to all City employees and elected officials, to the extent they have custody or control over documents containing personal identifying information.
Section 3. DEFINITIONS
1. "Biometric Data" means unique biometric data generated from measurements oranalysis of human body characteristics for the purpose of authenticating theindividual when he or she accesses an online account.
2. “City” means all current City of Ouray employees.
3. "Determination that a Security Breach Occurred" means the point in time atwhich there is sufficient evidence to conclude that a security breach has taken place.
4. "Encrypted" means rendered unusable, unreadable, or indecipherable to anunauthorized person through a security technology or methodology generallyaccepted in the field of information security.
5. "Medical Information" means any information about a consumer's medical ormental health treatment or diagnosis by a health care professional.
6. "Notice" means:
a. written notice to the postal address listed in the records of the governmentalentity;
b. telephonic notice;c. electronic notice, if a primary means of communication by the governmental
entity with a Colorado resident is by electronic means or the notice provided isconsistent with the provisions regarding electronic records and signatures setforth in the federal "electronic signatures in global and national commerce act",15 U.S.C. sec. 7001 et seq.; or
d. substitute notice, if the governmental entity required to provide noticedemonstrates that the cost of providing notice will exceed two hundred fiftythousand dollars, the affected class of persons to be notified exceeds two
32
hundred fifty thousand Colorado residents, or the governmental entity does not have sufficient contact information to provide notice substitute notice consists of all of the following:
1) e-mail notice if the governmental entity has e-mail addresses for themembers of the affected class of Colorado residents;
2) conspicuous posting of the notice on the website page of thegovernmental entity if the governmental entity maintains one; and
3) notification to major statewide media.
7. “Personal identifying information” means, a social security number; a personalidentification number; a password; a pass code; an official state or government-issued driver's license or identification card number; a government passportnumber; biometric data, as defined in C.R.S. § 6-1-716 (1)(a); an employer, student,or military identification number; or a financial transaction device, as defined inC.R.S. § 18-5-701 (3).
8. "Personal Information" means (A) a Colorado resident's first name or first initialand last name in combination with any one or more of the following data elementsthat relate to the resident, when the data elements are not encrypted, redacted, orsecured by any other method rendering the name or the element unreadable orunusable: social security number; driver's license number or identification cardnumber; student, military, or passport identification number; medical information;health insurance identification number; or biometric data, as defined in this section;(B) a Colorado resident's username or e-mail address, in combination with apassword or security questions and answers, that would permit access to an onlineaccount; or (C) a Colorado resident's account number or credit or debit card numberin combination with any required security code, access code, or password thatwould permit access to that account.
a. "Personal Information" does not include publicly available informationthat is lawfully made available to the general public from federal, state, orlocal government records or widely distributed media.
9. "Security Breach" means the unauthorized acquisition of unencryptedcomputerized data that compromises the security, confidentiality, or integrity ofpersonal information maintained by a governmental entity good faith acquisition ofpersonal information by an employee or agent of a governmental entity for thepurposes of the governmental entity is not a security breach if the personalinformation is not used for a purpose unrelated to the lawful government purposeor is not subject to further unauthorized disclosure.
Section 4. DISPOSAL OF PERSONAL IDENTIFYING INFORMATION
It shall be the policy for the City that, unless otherwise required by state or federal law or
33
regulation, when any paper or electronic documents containing personal identifying information are no longer necessary to perform an employee’s essential duties or functions, the documents shall be destroyed or arranged for destruction by shredding, erasing, or otherwise modifying the personal identifying information in the paper or electronic documents so as to make the personal identifying information unreadable or indecipherable through any means.
The City Administrator shall implement specific procedures and policies which address the specific nature of their offices to ensure compliance with this Policy.
Section 5. PROTECTION OF PERSONAL IDENTIFYING INFORMATION
All employees shall protect personal identifying information from unauthorized access, use, modification, disclosure, or destruction. Employees, with assistance from the City’s information technology department, shall implement and maintain reasonable security procedures and practices that are appropriate to the nature of the personal identifying information, given the nature of City, and its size as a governmental entity.
The City shall require contractual terms in all contracts with third parties, which either do, or could result in, the exchange of personal identifying information, terms to ensure third parties are subject to, and abiding by, the terms of the Act and this Policy.
Section 6. INTERNAL NOTIFICATION AND INVESTIGATION OF SUSPECTED SECURITY BREACH
Should a City employee suspect that a Security Breach may have occurred, it must:
1. Immediately notify the City Administrator upon becoming aware that a Security Breachmay have occurred.
2. Conduct a good faith and prompt investigation to determine the likelihood that personalinformation has been or will be misused.
Unless the investigation determines that the misuse of information regarding a Colorado resident has not occurred and is not reasonably likely to occur, City shall give Notice, as provided in Section 7 and take further action as necessary under Section 8.
If the investigation determines that the misuse of information regarding a Colorado resident has not occurred and is not reasonably likely to occur, City need not take further action pursuant to this Policy.
Section 7. NOTICE OF BREACH IF MISUSE OF INFORMATION HAS OCCURRED OR IS REASONABLY LIKELY TO OCCUR
Notice shall be made in the most expedient time possible and without unreasonable delay, but not later than thirty (30) days after the date of determination that a Security Breach occurred, consistent with the legitimate needs of law enforcement and consistent with any measures necessary to
34
determine the scope of the breach, and to restore the reasonable integrity of the computerized data system.
In the event City is required to provide Notice, as defined in Section 3, the following information shall be provided to all affected Colorado residents:
1. The date, estimated date, or estimated date range of the security breach;
2. A description of the personal information that was acquired or reasonably believedto have been acquired as part of the security breach;
3. Information that the resident can use to contact the governmental entity to inquireabout the security breach;
4. The toll-free numbers, addresses, and websites for consumer reporting agencies;
5. The toll-free number, address, and website for the federal trade commission; and
6. A statement that the resident can obtain information from the federal tradecommission and the credit reporting agencies about fraud alerts and securityfreezes.
7. Direct the person whose personal information has been breached to promptlychange his or her password and security question or answer, as applicable, or totake other steps appropriate to protect the online account with the person or businessand all other online accounts for which the person whose personal information hasbeen breached uses the same username or e-mail address and password or securityquestion or answer.
a. If the breach pertains to the log-in credentials of an email account furnishedby City, rather than giving notice via email, the City may comply with thissection by providing notice in other methods specified in under “Notice” inSection 3 or by clear and conspicuous notice delivered to the resident onlinewhen the resident is connected to the online account from an internetprotocol address or online location from which City knows the residentcustomarily accesses the account.
8. If secured personal information was breached, and a means to decipher that securedinformation was also acquired, or reasonably believed to have been acquired in thebreach, such as a confidential process or an encryption key, that must be disclosedin the Notice as well.
City is prohibited from charging the cost of providing such notice to individuals.
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If the City uses a third-party service provider to maintain computerized data that includes personal information, that City shall require that the third-party service provider give notice to and cooperate with City in the event of a security breach that compromises such computerized data. Compliance shall include notifying City of any security breach in the most expedient time and without unreasonable delay following discovery of a security breach, if misuse of personal information about a Colorado resident occurred or is likely to occur. Cooperation includes sharing with City information relevant to the security breach; except that such cooperation does not require the disclosure of confidential business information or trade secrets.
Notice pursuant to this section may be delayed if a law enforcement agency determines that such notice will impede a criminal investigation and the law enforcement agency has directed City not to send notice.
Section 8. FURTHER REPORTING REQUIREMENTS
In the event the City is required to provide Notice, as defined in Section 3, to more than five hundred (500) Colorado residents, it is also required to notify the Colorado Attorney General. Notification pursuant to this Section must be done as expediently as possible and without unreasonable delay, but not later than thirty (30) days after determination of a breach.
In the event City is required to provide Notice, as defined in Section 3, to more than one thousand (1,000) Colorado residents, it is also required to notify all consumer reporting agencies that compile and maintain files on a nationwide basis, as defined by the Federal “Fair Credit Reporting Act,” 158 USC § 1681a(p). City is not required to provide the names or other personal identifying or personal information of those subject to the breach. Notification pursuant to this Section must be done as expediently as possible and without unreasonable delay.
Section 9. WAIVER
City may not elicit or accept any waiver of these notification rights or responsibilities.
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AGREEMENT FOR PURCHASE OF WATER METERS AND SERVICES
THIS AGREEMENT is made and entered into this 21st day of October, 2019, by and between: The City of Ouray, a Colorado municipal corporation (City); and Mountain State Pipe & Supply Co., a Colorado for profit company with its principal place of business at 7765 Electronic Drive, Colorado Springs, Colorado 80922 (Contractor).
WHEREAS, the City requires software and hosting services, water meters, meter reading equipment and training for the completion of the City water meter installation project (Project); and
WHEREAS, Contractor has held itself out to the City as having the requisite expertise and experience to perform the required services after submitting a proposal to a request for proposal in June, 2019 and such proposal and all accompanying exhibits are incorporated herein by reference.
WHEREAS, Contractor’s proposal includes the services and materials purchased in year one of and additional meter purchases for years two through four.
WHEREAS, Contractor is a reseller of Kamstrup Water Metering, LLC (Kamstrup) products and all warranties for products purchased by City are provided by Kamstrup and included on Exhibit A.
WHEREAS, Contractor is also a reseller of Kamstrup’s proprietary software and City shall pay Contractor any licensing fees and shall enter into a licensing agreement as set forth on Exhibit B.
WHEREAS, Contractor understands and agrees that the City is unable to enter into multi-year fiscal obligations such that any purchase of additional meters in years two through four would be dependent on prior appropriation of such purchase money.
NOW, THEREFORE, for the consideration of the above material recitals and hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
I. SCOPE OF SERVICES
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A. Contractor shall furnish all materials and provide the servicesrequired for the complete and prompt execution and performance of all duties, obligations, and responsibilities which are described or reasonably implied from the Scope of Services for year one set forth in Exhibit A.
B. Contractor shall furnish all materials described on Exhibit A for yearstwo through four so long as the money is appropriated pursuant to Paragraph X below.
C. A change in the Scope of Services shall not be effective unlessauthorized as an amendment to this Agreement. Except as expressly provided herein, no agent, employee, or representative of the City is authorized to modify any term of this Agreement, either directly or implied by a course of action.
II. TERM AND TERMINATION
This Agreement shall commence on the date first set forth above, and shallcontinue until Contractor completes the Scope of Services to the satisfaction of the City, or until terminated at any time by either party upon thirty (30) days written notice.
III. COMPENSATION
A. In consideration for the completion of the Scope of Services byContractor, the City shall pay Contractor an amount not to exceed Ninety-Two Thousand and Fifty Dollars and Eight Cents ($92,050.08). The maximum amount specified herein shall include all fees and expenses incurred by Contractor in performing all services hereunder for year-one.
B. In years two through four, the City shall purchase meters as specifiedin Exhibit A, so long as the money is appropriated pursuant to Paragraph X in an amount not to exceed Two Hundred Sixty-Seven Thousand Four Hundred and Fifteen Dollars and Seventy-Three Cents ($267,415.73).
C. The unit prices set forth in Exhibit A will not change for the next five(5) years regardless if any increase in unit price by Contractor between year oneand year five.
D. Notwithstanding the maximum amount specified herein, Contractorshall only be paid for work performed or materials delivered.
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IV. CONTRACTORS’S RESPONSIBILITY
A. Contractor hereby warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and licenses in good standing, required by law.
B. The work and services performed by Contractor shall be in accordance with generally accepted practices and the level of competency presently maintained by other practicing contractors in the same or similar type of work in the applicable community. The work and services to be performed by Contractor hereunder shall be done in compliance with applicable laws, ordinances, rules and regulations.
C. The City's review, approval or acceptance of, or payment for any services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.
D. City shall pay Contractor any licensing fees necessary to Kamstup for the City’s use of Kamstrup’s proprietary software system and once any licensing fees are paid by City to Contractor, Contractor shall immediately remit payment to Kamstrup on behalf of City.
V. OWNERSHIP
Any materials, items, and work specified in the Scope of Services, and any and all related documentation and materials provided or developed by Contractor shall be exclusively owned by the City, except for the software which is provided to the City under a License Agreement attached hereto as Exhibit B.
VI. INDEPENDENT CONTRACTOR
Contractor is an independent contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Contractor to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Contractor for all purposes. Contractor shall make no representation that it is a City employee for any purposes.
VII. INSURANCE
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A. Contractor agrees to procure and maintain, at its own cost, a policy orpolicies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by Contractor pursuant to this Agreement. At a minimum, Contractor shall procure and maintain, and shall cause any subcontractor to procure and maintain, the insurance coverages listed below, with forms and insurers acceptable to the City.
1. Worker's Compensation insurance to cover obligationsimposed 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, one million dollars ($1,000,000) disease – policy limit, and one million dollars ($1,000,000) disease – each employee. Evidence of qualified self-insured status may be substituted for the requirements of this Section.
2. Commercial General Liability insurance with minimumcombined single limits of one million thousand dollars ($1,000,000) each occurrence and one million dollars ($200,000) general aggregate. The policy shall be applicable to all premises and operations, and shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, products, and completed operations. The policy shall contain a severability of interest provision, and shall include the City and the City's officers, employees, and contractors as additional insureds. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations.
B. Such insurance shall be in addition to any other insurancerequirements imposed by law. The coverages afforded under the policies shall not be canceled, terminated or materially changed without at least thirty (30) days prior written notice to the City. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Any insurance carried by the City, its officers, its employees, or its contractors shall be excess and not contributory insurance to that provided by Contractor. Contractor shall be solely responsible for any deductible losses under any policy.
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C. Contractor shall provide to the City a certificate of insurance asevidence that the required policies are in full force and effect. The certificate shall identify this Agreement.
VIII. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers,insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney 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, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Agreement if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor, or which arise out of a worker's compensation claim of any employee of Contractor or of any employee of any subcontractor of Contractor. Contractor's liability under this indemnification provision shall be to the fullest extent of, but shall not exceed, that amount represented by the degree or percentage of negligence or fault attributable to Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor or of any subcontractor of Contractor.
IX. ILLEGAL ALIENS
A. Certification. By entering into this Agreement, Contractor herebycertifies that, at the time of this certification, it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement and that Contractor will participate in either the E-Verify Program administered by the United States Department of Homeland Security and Social Security Administration or the Department Program administered by the Colorado Department of Labor and Employment to confirm the employment eligibility of all employees who are newly hired to perform work under this Agreement.
B. Prohibited Acts. Contractor shall not knowingly employ or contractwith an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement.
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C. Verification.
1. If Contractor has employees, Contractor has confirmed the employment eligibility of all employees who are newly hired to perform work under this Agreement through participation in either the E-Verify Program or the Department Program.
2. Contractor shall not use the E-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed.
3. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien who is performing work under this Agreement, Contractor shall: notify the subcontractor and the City within three (3) days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien who is performing work under this Agreement; and terminate the subcontract with the subcontractor if within three (3) days of receiving the notice required pursuant to subsection 1 hereof, the subcontractor does not stop employing or contracting with the illegal alien who is performing work under this Agreement; except that Contractor shall not terminate the subcontract if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien who is performing work under this Agreement.
D. Duty to Comply with Investigations. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation conducted pursuant to C.R.S. § 8-17.5-102(5)(a) to ensure that Contractor is complying with the terms of this Agreement.
E. Affidavits. If Contractor does not have employees, Contractor shall sign the "No Employee Affidavit" attached hereto. If Contractor wishes to verify the lawful presence of newly hired employees who perform work under the Agreement via the Department Program, Contractor shall sign the "Department Program Affidavit" attached hereto.
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X. 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 Ouray County, Colorado.
B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the City shall not constitute a waiver of any of the other terms or obligation of this Agreement.
C. Integration. This Agreement constitutes the entire agreement between the Parties, 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 to the party at the address set forth on the first page of this Agreement.
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.
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 City and its officers, attorneys and employees are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. §§ 24-10-101, et seq., as amended, or otherwise available to the City and its officers, attorneys or employees.
J. Rights and Remedies. The rights and remedies of the City under this Agreement are in addition to any other rights and remedies provided by law. The
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expiration of this Agreement shall in no way limit the City's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed.
K. Subject to Annual Appropriation. Consistent with Article X, § 20 ofthe Colorado Constitution, any financial obligation of the City not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first set forth above.
[Remainder of page intentionally blank. Signatures on following page.]
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CITY OF OURAY
_________________________________ Pamela J. Larson, Mayor
ATTEST:
_______________________________ Melissa Drake, City Clerk
CONTRACTOR
______________________________ Jerry Uhlman, VP
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Sales Order No. ________
8820769v3
Kamstrup License and Hosting Agreement
This License and Hosting Agreement (“Agreement”) is entered into by and between City of Ouray (“Customer”) and Kamstrup
Water Metering, LLC, a Georgia limited liability company with its principal place of business at 245 Hembree Park Drive, Suite 110, Roswell, Georgia 30076 (“Kamstrup.”)
WHEREAS, Customer hereby purchases a license for the use of Kamstrup’s READy software (“READy System”); and
WHEREAS, Kamstrup will host the READy System on its own dedicated server(s);
NOW, THEREFORE, the parties hereto agree as follows:
1. License: Term of License
1.1 Kamstrup hereby grants Customer a non-exclusive, non-transferable limited license to access, use, display, run or otherwise interact with the READy
System during the term of this Agreement.
1.2 Kamstrup will host the READy System according to ISO27001 as extended by Kamstrup Procedure Document 5509-338. A copy of this document is
available to Customer upon request.
1.3 This license and the hosting services provided by Kamstrup shall begin on __________, when Customer shall be allowed to download and install READy
Manager.
1.4 The Agreement is for an initial term of sixty (60) months from the date of Customer’s download installation of READy Manager as provided above.
1.5 The Agreement shall renew automatically at the end of the initial, sixty (60) month term for an additional one-year period unless either party provides
notice of termination to the other party ninety (90) days in advance of the end of the initial term.
2. License Fees
2.1 Customer agrees to pay fees to Kamstrup's reseller annually, in advance, to license the products listed on Exhibit “A” at the prices on Exhibit A. The first such
payment shall be due on or before the date of download and installation noted in Section 1.2, above.
2.2 The license fees due under this Agreement may be adjusted by Kamstrup consistent with any increase in the consumer price index. Such adjustments
can only occur on an anniversary of this Agreement. Kamstrup will notify Customer of any adjustments prior to instituting them.
2.3 Should the Customer not pay the annual license fees when due or should Customer not pay any other sums due to Kamstrup's reseller under this or other
agreements when due, then Kamstrup reserves the right to suspend hosting services and to terminate Customer’s access to the READy System until the overdue payment is
received. During this time, Customer may not be able to access its data via the READy System.
3. Support
3.1 Customer shall be entitled to obtain from Kamstrup email and phone support for the READy System. Such email and phone support shall be available
from Monday to Friday from 9am – 4pm. All times are Eastern Standard Time.
Email support: [email protected]
Phone Support: (404) 835-6716.
3.2 In addition, Kamstrup will automatically provide Customer with any and all updates to the READy System and will correct errors and bugs as they
become known.
4. Ownership of the READy System
Nothing in this Agreement provides Customer with any title to, or ownership of, the READy System or any components thereof but, rather, only a limited use license
as specified in this Agreement. Kamstrup has sole and exclusive ownership of and all right and title to, the READy System and any and all intellectual property rights therein. In
addition, Kamstrup retains ownership in any derivatives, modifications and/or enhancements to the READy System including ownership of all trade secrets and copyrights pertaining
thereto. The READy System software shall be hosted by Kamstrup and Customer’s use will occur via the Internet.
5. Customer Data
For the term of this Agreement, Customer Data will be stored by the READy System host computer.
Customer shall have sole and exclusive ownership of all right, title and interest in and it’s Customer Data. Customer Data shall mean any and all meter-reading data
stored by, or at the direction of, or on behalf of, Customer on Kamstrup’s host computer system using the READy System or as otherwise conveyed to the host computer system.
Customer Data includes, but is not limited to, personal information about Customer’s end-user customers and related information.
6. Added Services
Services, in addition to the hosting services detailed herein, may be offered to Customer by Kamstrup at Kamstrup’s then-current hourly rate.
7. LIMITED WARRANTIES REGARDING SOFTWARE, HOSTING AND SERVICES. THE READy SYSTEM AND ALL HOSTING SERVICES PROVIDED
HEREUNDER ARE PROVIDED “AS IS” AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, WITHOUT LIMITATION, ANY
FAILURE OF COMPUTER HARDWARE OR COMMUNICATIONS SYSTEMS. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, KAMSTRUP DOES NOT
MAKE, AND HEREBY DISCLAIMS, AND CUSTOMER HEREBY WAIVES ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES ARISING BY LAW OR
OTHERWISE, REGARDING THE READy SYSTEM AND HOSTING SERVICES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE
OR USAGE IN TRADE. IN NO EVENT SHALL KAMSTRUP HAVE ANY LIABILITY FOR ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR DESTRUCTION
OF INFORMATION BEING HOSTED BY KAMSTRUP AS A RESULT OF ACCIDENT, FRAUDULENT MEANS OR THIRD PARTY DEVICES.
8. INTERRUPTION IN SERVICES
KAMSTRUP WILL NOT BE LIABLE FOR ANY DELAY, OUTAGES, OR INTERRUPTIONS OF THE HOSTING SERVICES NOR SHALL KAMSTRUP BE
LIABLE FOR ANY DELAY OR FAILURE TO PERFORM THE HOSTING SERVICES UNDER THIS AGREEMENT WHERE SUCH DELAY OR FAILURE RESULTS FROM
AN ACT OF GOD OR ANY OTHER CAUSE (INCLUDING, WITHOUT LIMITATION, ANY MECHANICAL, ELECTRONIC COMMUNICATIONS OR THIRD PARTY
SUPPLIER FAILURE.) KAMSTRUP SHALL ALSO NOT BE LIABLE FOR ANY LOSSES OR OTHER DAMAGES CUSTOMER MAY SUFFER IN CONJUNCTION WITH
CUSTOMER’S USE OF THE READy SOFTWARE AND HOSTING SERVICES. WHILE KAMSTRUP AND/OR AN AUTHORIZED THIRD PARTY PROVIDER, WILL
PROVIDE BACKUP SERVICES AND MAKE EVERY EFFORT TO MAKE CUSTOMER’S DATA AVAILABLE, KAMSTRUP DOES NOT GUARANTEE THAT COPIES
OF CUSTOMER DATA INFORMATION WILL BE AVAILABLE AT ALL TIMES.
9. Denial of Service
Customer acknowledges that Kamstrup may, at its sole discretion, limit or deny access to Kamstrup’s servers, including blocking of certain ports and/or the denial of
certain services if, in its judgment, such limitations or denials are required to ensure the security of Kamstrup’s network, the integrity of its network’s structure or to prevent damage
to its network, the software, or the data stored on (the) its servers. Customer hereby agrees that Kamstrup shall not be liable for any damages resulting from such limitation or denial
of service.
10. Termination
10.1 If a party hereto fails to perform any of its material obligations to the other party under this Agreement, the latter may give notice in writing of such
default, specifying the obligation or obligations that the other party has failed to perform. If such default has not been cured within ten (10) business days after providing such notice,
the party providing notice may, at its option, terminate this Agreement immediately by written notice of termination to the defaulting party and the terminating party shall be entitled
to all remedies available at law or in equity.
10.2 In the event of termination of this Agreement by Kamstrup as a result of an uncured default by Customer, Customer shall become immediately liable for
all payments due under this Agreement for the remainder of the term of this Agreement.
10.3 Either party may terminate this Agreement if the other is or becomes insolvent, becomes a party to any bankruptcy or receivership proceeding or any
similar action effecting the affairs of that party.
10.4 Limitation of Liability
IN NO EVENT SHALL ANY PARTY TO THIS AGREEMENT BE LIABLE WHATSOEVER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY
OF KAMSTRUP FOR DAMAGES UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED THE AMOUNT OF CONSIDERATION ACTUALLY PAID BY
CUSTOMER TO KAMSTRUP UNDER THIS AGREEMENT DURING THE LAST TWENTY-FOUR MONTHS.
11. Confidentiality
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2 8820769v3
During the term of this Agreement and thereafter, one party may gain access to the trade secrets of the other, including, but not limited to, technical information,
formulas, software, customer lists, pricing information and engineering drawings. Each party agrees to treat all such information as trade secrets and shall take all reasonable steps
to maintain the confidentiality of such information. This clause shall not apply to information that, through no fault of the receiving party, enters the public domain.
12. Miscellaneous
12.1 No Agency
Nothing contained herein shall be construed or considered to create a joint venture, partnership or agency relationship between Kamstrup and Customer and the parties
shall not hold themselves to be in any such relationship.
12.2 No Third Party Beneficiaries
This Agreement shall not confer any rights or remedies upon any person other than the parties and their respective successors and permitted assigns.
12.3 Entire Agreement
This Agreement, together with all Exhibits attached hereto, which are incorporated by reference herein, constitutes the entire agreement among the parties with respect
to the subject matter hereof and supersedes any prior understandings, agreements, or representations by or among the parties, written or oral, with respect thereto.
12.4 Assignment
A party may not assign either this Agreement or any of its rights, interests, or obligations hereunder without the prior written approval of the other party hereto, which
consent shall not be unreasonably withheld. Any attempted assignment made in violation of this Agreement shall be null and void and/or a material breach of this Agreement.
12.5 Counterparts
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together will constitute one and the same
instrument.
12.6 Headings
The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement.
12.7 Notices
Any notice or other communication required or permitted by this Agreement must be given in writing and must be delivered by personal delivery (including personal delivery
by a nationally recognized overnight delivery service), first class mail (registered or certified), or telecopy (with a copy sent by personal delivery or first class mail). For purposes of notices,
the addresses of the parties shall be as set forth below. Each party shall have the right to change its address by giving written notice of the new address to the other party. Notice shall be
effective upon receipt.
If to Kamstrup:
If to Customer:
Kamstrup Water Metering, LLC
245 Hembree Park Drive
Suite 110
Roswell, Georgia 30076
City Administrator320 6th AvenuePO Box 468Ouray, Colorado 81427
12.8 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law provisions.
12.9 Amendments and Waivers
No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by duly authorized representatives of all of the parties
hereto. No waiver by any party of any default, misrepresentation, breach of warranty, representation or covenant hereunder, whether intentional or not, shall be deemed to extend to
any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder, or affect in any way any rights arising by virtue of any prior or subsequent such
occurrence.
12.10 Severability
Any term or provision of this Agreement that is invalid or unenforceable shall not affect the validity or enforceability of the remaining terms and provisions hereof.
12.11 Expenses
Each party will bear its own costs and expenses (including, without limitation, all legal fees) incurred in connection with this Agreement and the transactions
contemplated hereby.
12.12 Survival
The obligations and duties set forth in paragraphs 5 and 6 hereof shall survive the termination of this Agreement and remain in full force and effect.
13. Arbitration
Any controversy or claim arising out of or relating to this agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association
(AAA) under the Expedited Procedures of its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction
thereof. Any controversy or This Agreement constitutes the entire agreement of the parties on the same products or services matter and supersedes all previous negotiations or
agreements, whether oral or written between the parties.
SO AGREED THIS ___ DAY OF ______________
Kamstrup Water Metering, LLC
By:___________________________
Its:___________________________
(“Customer”)
By: Pam Larson___________________________
Its: Mayor
EXHIBIT A
Products/Service
READy License costs 0.00 USD
READy Hosting Water 0.00 USD
City of Ouray
October, 2019
47
City of Ouray
Pricing Kamstrup Ultrasonic Water Meters Kamstrup AMI Solutions Kamstrup Meter Warranties Building a Smart Distribution Network Kamstrup AMI Collector Kamstrup AMI Collection Installation Manual
Meter Fittings AY McDonald Ranger AY74754.11 ProPress Viega Adapter Meter Connection Cambridge Brass Inline Dual Check Valve
EXHIBIT A
48
Description Qty CostEach Extension Notes
Year One - October 2019 - December 2019Software and Hosting
READy Manager Software - AMI 1 $6,000.00 $6,000.00 One Time Fee
READy Manager Software Hosting Hosting is based upon number of meters under network Cost to the right is based upon < 800 endpoints <100 Metering Points = $ 1,100 < 250 Metering Points = $ 1,486.00
1 $1,691.03 $1,691.03 Annual Cost
Billing Interface 1 $800.00 $800.00
Professional ServicesAMI Professional Services 1 $10,648.75 $10,648.75
AMI NetworkREADy Collectors 2 $11,150.00 $22,300.00READy Converter - US Advanced 1 $1,685.00 $1,685.00Bluetooth Optical Head 1 $557.14 $557.14Samsung Tablet Included with Converter
Meters
5/8" x 3/4" Kamstrup Series 2250Ultrasonic - Dual Band "AMR-AMI" Meter 25 GPM - Under the glass radio Type Number: 02A-01-D08B-8US Configuration:
75 $213.41 $16,006.10
3/4" Kamstrup Series 2250Ultrasonic - Dual Band "AMR-AMI" Meter 32 GPM - Under the glass radio Type Number: 02A-01-D08C-8US
$219.51 $0.00
1" Kamstrup Series 3250Ultrasonic - Dual Band "AMR-AMI" Meter 55 GPM - Under the glass radio Type Number: 02A-01-D08D-8US
20 $335.37 $6,707.32
1-1/2" X 13" Kamstrup Series 3250Ultrasonic - Dual Band "AMR-AMI" Meter120 GPM - Under the glass radioType Number: 02A-01-D08F-8US
5 $750.00 $3,750.00
2" X 17" Kamstrup Series 3250Ultrasonic - Dual Band "AMR-AMI" Meter 170 GPM - Under the glass radio Type Number: 02A-01-D08F-8US
$701.22 $0.00
Ouray Colorado AMI ProjectOctober 2019
Page 1 of 249
Miscellaneous FittingsCambridge Brass 510NL - T3F3 Inline Accessible Dual Check Valve 75 $81.11 $6,083.25
Propress Model VIE79315 (Propress X FIP) 300 $5.51 $1,652.00
AY McDonald Ranger Fittiing - AY74754-11 20 $44.00 $880.00
3/4" Meter Connections and Gaskets 150 $13.00 $1,950.00
1" Meter Connections and Gaskets 40 $15.00 $600.001-1/2" Meter Flanges and Connections 10 $70.15 $701.50Miscellaneous Propress, Threaded and Sweat Fittings If not purchased - Not Charged 1 $10,000.00 $10,000.00
Meter Lids 2 $20.00 $40.00
$92,052.08
Description Qty CostEach Extension Notes
Meters5/8" x 3/4" Kamstrup Series 2250 525 $213.41 $112,042.68
1" Kamstrup Series 3250 55 $335.37 $18,445.12
1-1/2" X 13" Kamstrup Series 3250 15 $750.00 $11,250.00
2" X 17" Kamstrup Series 3250 30 $701.22 $21,036.59
3" Kamstrup Series 3250 5 $1,829.27 $9,146.34
4" Kamstrup Series 3250 5 $2,400.00 $12,000.00
Cambridge Brass 510NL - T3F3 Inline Accessible Dual Check Valve 525 $81.11 $42,582.75
Propress Model VIE79315 (Propress X FIP) 1,200 $5.51 $6,608.00
AY McDonald Ranger Fittiing - AY74754-11 50 $44.00 $2,200.00
3/4" Meter Connections and Gaskets 1,050 $13.00 $13,650.00
1" Meter Connections and Gaskets 110 $15.00 $1,650.001-1/2" Meter Flanges and Connections 10 $70.15 $701.502" Meter Flanges and Connections 60 $89.24 $5,354.253" Meter Flanges and Connections 10 $37.43 $374.254" Meter Flanges and Connections 10 $37.43 $374.25Miscellaneous Propress, Threaded and Sweat Fittings If not purchased - Not Charged 1 $10,000.00 $10,000.00
$267,415.73
Years Two thru Four
Ouray Colorado AMI ProjectOctober 2019
Miscellaneous Fittings - Estimated for Years 2 - 4
Page 2 of 250
Proposal
Customer:
City of OurayDavid DohertyPO Box 468Ouray, Colorado 81427
Date: Friday, June 21, 2019
Qty Description CostEach Extension
600
5/8" x 3/4" Kamstrup Series 2250Ultrasonic - Dual Band "AMR-AMI" Meter 25 GPM - Under the glass radio Type Number: 02A-01-D08B-8US
$213.41 $128,048.78
0
3/4" Kamstrup Series 2250Ultrasonic - Dual Band "AMR-AMI" Meter 32 GPM - Under the glass radio Type Number: 02A-01-D08C-8US
$219.51 $0.00
75
1" Kamstrup Series 3250Ultrasonic - Dual Band "AMR-AMI" Meter 55 GPM - Under the glass radio Type Number: 02A-01-D08D-8US
$335.37 $25,152.44
20
1-1/2" X 13" Kamstrup Series 3250Ultrasonic - Dual Band "AMR-AMI" Meter
120 GPM - Under the glass radioType Number: 02A-01-D08F-8US
$750.00 $15,000.00
30
2" X 17" Kamstrup Series 3250Ultrasonic - Dual Band "AMR-AMI" Meter 170 GPM - Under the glass radio Type Number: 02A-01-D08F-8US
$701.22 $21,036.59
5
3" Kamstrup Series 3250Ultrasonic - Dual Band "AMR-AMI" Meter 350 GPM - Under the glass radio Type Number: 02A-01-D08F-8US
$1,829.27 $9,146.34
5
4" Kamstrup Series 3250Ultrasonic - Dual Band "AMR-AMI" Meter 120 GPM - Under the glass radio Type Number: 02A-01-D08F-8US
$2,400.00 $12,000.00
Mountain States Pipe and Supply Company4765 Electronic DriveColorado Springs, Colorado 809221-800-777-7173Jerry Mobile Phone: 719-238-7912Jerry email: [email protected]
Kamstrup AMR
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1 READy Manager Software - [AMR] Type Number: 6696053 < 800 Endpoints
1
READy Manager Hosting Subscription - [AMR] Type Number: 6696053FH
Ready Hosting and Support Services
The Support agreement for a hosted READy Suite is signed for a mandatory five year period. The agreement includes:• Access to Kamstrup hosting center• Hardware and software for server and SQL setup• Necessary licenses for third-party software used for READy Manager• Installation of READy Manager on Kamstrup approved server setup• Access to READy Manager host from two individual users• Backup of data• Security and virus protection of data• 24/7/365 surveillance and monitoring of hosting server• System support incl. getting started:
- Assistance/lifeline in the use of READy Application by email/web portal or phone- Installation assistance- Assistance in using READy Manager• 2 Users are included as standard
If the support agreement is not terminated by the customer after 5 years, it will be prolonged for 1 year at a time
Meter Reading Equipment1 Billing Software Interface
Type Number: BC20107 3X
1
READy Converter - US, Advanced Type Number: 669200020
Includes:• Qty: 2 - 3 Channel Conversters build into a sturdy flightcase which includes: (2 Whip Antennas, 2 - 110
VAC Wall Adapters, 1 - Car Adapter, 2 - Micro USB Cables, 2 - External Antennas, 2 - Mobile Holders and Quick Guide.
• Samsung Tablet Included
2
Bluetooth Optical Head {Used to extract data from meter through Optical Port) Type Number: 66-96-006
Includes:• Bluetooth Optical Head with changer and meter brackets
Annual Support
Additional Meter Installation Components for Ouray SystemPolymer Lids for Meter Pits $25.00
Insulation Donut for Meter Pits (Helps to eliminate Meter Freezing) 1.3LB GREY FLEX POLY LID 21/2" X 20" DIAMETER $9.60
3/4" Pro-Press CTS x FIP $5.51
3/4" MIP x 3/4" Meter Connection $6.05
3/4" Meter Nut x 3/4" PEX Adapter $14.66
3/4" Meter Nut x 3/4" Galv Adapter $26.16
1AMI Project Professional Services - Kamstrup/MSPS Planning, Propagation Study, Dedicated Contact Person, Detailed Radio plan, Training and Support for Initial RolloutCreation of Meter Interface to Billing
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Proposal
Customer:
City of OurayDavid DohertyPO Box 468Ouray, Colorado 81427
Date: Friday, June 21, 2019
Qty Description
1 READy Manager Software - [AMI] Type Number: 6696453 < 800 Endpoints
1 FCC License for Kamstrup AMI Network Not required for AMR Drive by - Good for 10 Years
No Charge
1
READy Manager Hosting Subscription - [AMR-AMI] Used when AMI is utilized - Hosted ONLY for AMI Type Number: 6696453H
Ready Hosting and Support Services
The Support agreement for a hosted READy Suite is signed for a mandatory five year period. The agreement includes:• Access to Kamstrup hosting center• Hardware and software for server and SQL setup• Necessary licenses for third-party software used for READy Manager• Installation of READy Manager on Kamstrup approved server setup• Access to READy Manager host from two individual users• Backup of data• Security and virus protection of data• 24/7/365 surveillance and monitoring of hosting server• System support incl. getting started:
- Assistance/lifeline in the use of READy Application by email/web portal or phone- Installation assistance- Assistance in using READy Manager• 2 Users are included as standard
If the support agreement is not terminated by the customer after 5 years, it will be prolonged for 1 year at a time
Network Components
2
READy Collector for AMI Network Type Number:
READy Collector standard set includes the following:• Type Number 6696100020 READy Collector Top• Type Number: 6696200000 READy Collector base less modem• Type Number 1653104 AMI Antenna (2 Pieces)• Type Number 50000 398 6-1/2' Cable between READY collector and AMI Antenna• Type Number: 5000 484 200' Ethernet Calbe to READy Collector• Type Number: 5000 485 200' Power Cable between collector top and base• Type Number: 5000 472 Bracket for READy Collector Top• Type Number: 5000 473 Adapter Plate for READy Top Collector (1 piece)• Type Number: 5000 474 Antenna Beam -n 39"• Type Number: 5000 475 Bracket for Antenna Beam
If Poles are not available - Ouray will be responsible for Pole and Power
Modem for READy Collector
Annual Support Kamstrup AMI Hosting Fees
Mountain States Pipe and Supply Company4765 Electronic DriveColorado Springs, Colorado 809221-800-777-7173Jerry Mobile Phone: 719-238-7912Jerry email: [email protected]
Kamstrup AMI Upgrade
1AMI Project Professional Services - Kamstrup/MSPS Planning, Propagation Study, Dedicated Contact Person, Detailed Radio plan, Training and Support for Initial Rollout
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INTERGOVERNMENTAL AGREEMENT FOR USE OF COMMUNITY CENTER FOR EMERGENCIES
THIS INTERGOVERNMENTAL AGREEMENT is entered this ____ day of _______________, 2019 between the County of Ouray, by and through its Board of County Commissioners (County), a body politic and corporate, whose address is P.O. Box C, Ouray, Colorado 81427 and the City of Ouray (City), a home rule city, whose address is P.O. Box 468, 320 6th Avenue, Ouray, CO, 81427.
WHEREAS, C.R.S. § 29-1-203(1) authorizes separate governments, including counties, to contract with each other to provide any function or service authorized by law to each of the contracting units, including joint exercise of services, functions, or facilities;
WHEREAS, pursuant to C.R.S. § 24-33.5-707(8), the City and County adopted its emergency management plans for its jurisdiction, including provisions for the preparation, prevention, mitigation, response, and recovery from emergencies and disasters;
WHEREAS, both the City and County desire that the Community Center, owned and operated by the City at 320 6th Avenue, be made available to the County, if necessary, in an emergency;
WHEREAS, the Colorado legislature encourages local governments to enter mutual aid agreements to enhance emergency response and recovery and are thus essential to protecting the public peace, safety, health, and welfare, including the lives and property, of the people of the state of Colorado, C.R.S § 24-33.5-705.4(1)(b)
NOW THEREFORE IS IT HEREBY AGREED AS FOLLOWS:
1. Commencing on the adoption of this IGA by both the City and County and continuingthereafter until terminated, upon request, County shall have the right to use the Community Centeras an additional emergency operations center (EOC) when necessary.
2. County shall have the right to use City’s basic internet functionalities and telephoneservices while using the Community Center as an EOC.
3. City shall be responsible for maintaining liability insurance for liability arising from useof the Community Center as an EOC.
4. County is responsible for providing any radio or very high frequency (VHF) systems,generators and any other necessary equipment, to operate the EOC at the Community Center.
5. To the extent the County is reimbursed for any EOC related expenses from the State ofColorado or the federal government, County shall reimburse City for any out-of-pockets costsrelated to the County’s use of the Community Center as an EOC.
6. This Agreement shall remain in full force and effect until either party seeks to terminatethis IGA.
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BOARD OF COUNTY COMMISSIONERS COUNTY OF OURAY, COLORADO
By: ________________________________ John E. Peters, Chair
ATTEST
____________________________________ County Clerk
CITY OF OURAY
___________________________________ Pamela J. Larson, Mayor
.
ATTEST:
_______________________________ Melissa Drake, City Clerk
55
Z:\County Departments\Public Health\Agreements\Ouray and San Miguel IGA for Administrative Services.docx
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Main 612-851-5900 | Toll Free 800-851-2920 5251 DTC Pkwy, Suite 1020 | Greenwood Village, CO 80111
150 South 5th Street, Suite 3300 | Minneapolis, MN 55402
NorthlandSecurities.com | M ember FIN R A and S IPC | R eg i stered wi t h SEC and M SR B
October 15, 2019
Justin Perry Interim City Administrator City of Ouray 320 6th Ave. Ouray, CO 81427
RE: Engagement of Northland Securities as Placement Agent
Mr. Perry:
The purpose of this letter is to comply with federal regulations. Federal security regulations require you to affirmatively engage Northland Securities before we can provide you with advice on the issuance of municipal securities acting in the capacity of placement agent. This letter establishes the engagement following award from the City’s RFP process.
The City of Ouray (the “City”) seeks to engage Northland Securities to serve as placement agent for the issuance of refunding Certificates of Participations/lease-purchase (the “Issue”). This engagement applies solely to the Issue. The engagement is nonbinding. The City is under no obligation to undertake the Issue. The City may determine not to undertake a negotiated financing and to engage Northland in a role other than as placement agent.
The City desires Northland to provide all of the services needed to create and execute a plan to underwrite the Issue, including:
1. Advice regarding the structure, timing, terms, and other similar matters (including actionsneeded to authorize the issuance) of the Issue.
2. Preparation of rating strategies and presentations related to the Issue.3. Assistance in the preparation of the preliminary and final official statements.4. Assistance with the closing of the Issue, including negotiation and discussion with respect to
all documents, certificates, and opinions needed for such closing.5. Coordination with respect to obtaining CUSIP numbers and the registration of the Issue with
the book-entry only system of the Depository Trust Company.6. Preparation of post-sale reports for such municipal securities.
In acting as placement agent, Northland has a duty under rules of the Municipal Securities Rulemaking Board (MSRB) to make certain disclosures to the City concerning its role, its compensation, and actual or potential material conflicts of interest. In engaging Northland in this capacity, the Issuer should be aware of the following:
1. Acting as placement agent for the Issue, Northland will provide advice to the City withrespect to the structure, timing, terms, and other similar matters concerning the Issue. TheCity is responsible for understanding and assessing the implications of the Issue.
2. Northland will purchase, or arrange for the placement of, the Issue in an arm's-lengthcommercial transaction with the City. In this process, Northland is required to deal fairly atall times with both the City and investors. Northland has a duty to purchase the Issue from
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City of Ouray, October 2019 Page 2
the City at a fair and reasonable price, but must balance that duty with its duty to sell municipal securities to investors at prices that are fair and reasonable.
3. Under federal securities laws Northland does not have a legal fiduciary duty to the City(unlike a municipal advisor) and is, therefore, not required by federal law to act in the bestinterests of the City without regard to its own financial or other interests. Northland hasfinancial and other interests that differ from those of the Issuer.
4. Northland will coordinate the issuance process including closing and delivery of proceeds.Northland will review the official statement for the Issue in accordance with, and as part of,its responsibilities to investors under the federal securities laws, as applied to the facts andcircumstances of the transaction.
5. Northland will disclose any potential or actual material conflicts related to this engagement.6. Northland’s compensation is based on the size of the Issue and is contingent on the closing of
the Issue (see below). The MSRB has identified this means of compensation as presenting aconflict of interest, because it may cause Northland to recommend a transaction that it isunnecessary or to recommend that the size of the transaction be larger than is necessary.
For serving as placement agent with respect to the Issue, Northland shall be paid an underwriter’s discount/placement agent fee based on a percentage of the total par amount of the Issue. A “not to exceed” percentage for underwriter’s discount/placement agent fee will be determined when the actual terms of the Issue have been set and therefore compensation is not included as part of this letter. The compensation due to Northland shall be deducted from proceeds at closing.
Northland agrees to pay the following expenses from its fee:
Out-of-pocket expenses such as travel, long distance phone, and copy costs. Preparation of the bond transcript.
The City agrees to pay for all other expenses related to the processing of the Issue including, but not limited to, the following:
Engineering and/or architectural fees. Publication of legal notices. Bond counsel and local attorney fees. Fees for various debt certificates. The cost of printing Official Statements, if any. City staff expenses. Rating agency fees, if any. Bond insurance fees, if any. Accounting and other related fees.
It is expressly understood that there is no obligation on the part of the City under the terms of this engagement to undertake the Issue. If not issued, Northland agrees to pay its own expenses and receive no fee for any services it has rendered.
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City of Ouray, October 2019 Page 3
To engage Northland Securities as placement agent for the Issue as described in this letter, please sign and return this letter. In signing this letter, the City acknowledges and accepts the representations made in this letter. We look forward to working with you on this Issue. I would be happy to discuss this letter, our relationship with the City for the Issue, or other aspects of applicable federal securities regulations.
Sincerely,
Troy Bernberg Managing Director
Engagement of Northland Securities as placement agent and receipt of related disclosures acknowledged by the City of Ouray.
Date: _____________________________________________
Name: _____________________________________________
Title: _____________________________________________
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To: Justin Perry; City Administrator, City of Ouray From: Mike Gibbs; Ouray Ice Park, Inc. Re.: Proposed fee change for guide services operating in the Ice Park Date: September 11, 2019
Dear Justin,
This memo is meant to serve as a brief summary of: • The $$ amount guides services operating in the Ice Park have paid as fees in
the past• The proposed changes to that fee structure for the 2019-2020 season• The reasons for the fee structure changes• Potential pitfall for not approving proposed fee structure changes
Past Fees: Beginning in fall 2001 and through the 2018-19 ice climbing season, all fees paid by guide services operating in the Ice Park were remunerated to the Concession holder. San Juan Mountain Guides has been that Concessionaire continually since 2001.
The monies paid were a combination of an annual flat permit of $150 plus 3% of gross revenue for operations conducted in the Ouray Ice Park. This fee structure is similar to what USFS and BLM land management agencies charge for guide services operating on their public lands jurisdiction.
Proposed fee structure: As per the OIPI and City of Ouray management agreement, OIPI is charged with managing the allocation and fee collection of the guide services beginning with the 2019-2020 climbing season. Additionally, per that same agreement, Institutional Group Event (IGE) commercial activities were to pay OIPI/City of Ouray similar fees for their own guided activities. Previous to 2018-19, IGEs had not paid any fees nor had they been subject to any allocation restrictions.
Beginning in 2018-19, OIPI initiated a fee structure for IGE activities based on a flat rate of $15 per client. No annual flat fee of $150 was charged. OIPI elected to use a flat rate of $15pp due to the complexities of tracking IGE revenues. Many IGEs are university groups who weave the outdoor education program of ice climbing into the broader tuition structure. A flat rate was deemed easier to manage. That program was successfully implemented for last season and fees were collected by OIPI.
For 2019-2020, given the new responsibility of managing allocation and fees for all commercial users including the guide services, we initially proposed the same $15pp flat rate. This was introduced at an IPAT meeting in August, 2019. It was met with some resistance from the guide service community in attendance at that meeting. After further consideration, OIPI decided to lower the proposed fee to
60
$12pp for M-Fr use and $15pp for Sat-Sun use. This was meant to incentivize weekday use of the Ice Park. No $150 annual permit fee is to be collected. IGEs would be under the same fee structure. Because IGE groups tend to populate the Ice Park on the weekends, we are not anticipating a significant loss of fee revenues from IGE activities given the $12 discounted rate M-Fr.
Reasons for fee structure changes: In 2018-19, OIPI instituted the Ambassador program on a four day per week frequency. The primary objectives were rules compliance as well as data collection. Through this program we were able to record usage patterns in the Ice Park for guided and non-guided activities. Our goal is to fund a seven day per week Ambassador program for the upcoming 2019-2020 season. With a complete year worth of data, we feel that we can more effectively evaluate whether or not any management changes need to be considered for guided activities (e.g. allocations).
To meet the budget requirements of an additional three days per week of Ambassador staffing, we have raised fees on our membership group by $10pp. These are voluntary memberships that we collect from Ice Park supporters. Additionally, we are proposing the $15/$12 fee program for all guided parties to provide additional funding. We acknowledge that a flat rate of either $15/12 is an increase over the historical value of 3% of gross revenue. But that increase is needed in order to effectively staff and manage the Park now and into the future.
Potential pitfall to not passing the proposed fee change: The IGEs have been brought under the OIPI management umbrella starting last season. They all paid $15pp and there was not much of any resistance to that fee. Because the OIPI/City contract stipulates that IGE activities pay a similar amount to traditional guided activities, it makes sense to have those fees be equal. OIPI feels that incorporating the guide services into the precedence established last year with IGEs is logical. If the City elects to not approve this change, then we would need to reconsider what we charge IGEs and that too will decrease revenues available to OIPI for the development of a seven day per week Ambassador program.
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________________________________________________________________________________
DISCUSSION ITEMS (October 21, 2019)
Main Street Parking
Background – This item was requested by Council Member Maurer to be added to an agenda for discussion. When proposed as an agenda item during the October 7th meeting, Council Member Maurer advised that she has concerns with larger type vehicles parking within the first two to three parking spaces on Main Street at intersections. She would like to have a discussion regarding the possibility of having these parking spaces made available for compact cars only.
Future Agenda Items – Council discussion about future agenda items.
P.O. Box 468320 Sixth AvenueOuray, Colorado 81427
970.325.7211Fax 970.325.7212
www.cityofouray.com
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