Dolores, Colorado AGENDA TOWN OF DOLORES COLORADO BOARD OF TRUSTEES METING/WORASHOP JUNE 26TH 2023, WORKSHOP 530630PM/METING 6:30P.M. THE MEETING WILL BE HELD AT1 TOWN HALL 420 CENTRAL AVENUE. IF YOU WISH TO ATTEND VIRTUALLY, PLEASE VISIT THE TOWN WEBSITE UNDER GOVERNMENT TOWN BOARD MEETING FOR' THE ZOOM LINK https/townotdolores.coloradogov WORKSHOP 5:30T06:30P.M. Dinner will be provided. Sheriff's Contract for 2024 Manager Search BOARD MEETING 6:0P.M. 1. CALLTOORDER 2. PLEDGE OF ALLEGIANCE 3.ROLL CALL: 4. ACTION/APPROVAL OFTHE AGENDA 5. IDENTIFICATION OF ACTUAL ORI PERCEIVED CONFLICTS OF INTEREST. 6. CITIZENS TO ADDRESS THE BOARD: This is an opportunity for Citizens to address the Board at this time or during al Public Hearing. Each Person willl have 5r minutes. The Town Board encourages public comment by thet following sources: Live at the Town Hall, virtually via ZOOM (see the Town Website for the link), or by submitting your comments, via email, to the Town Clerk at ammyetowpocoorscon any time before the dated Board meeting. 7. CONSENT AGENDA: No agenda at this time 8.STAFF REPORTS: Manager: Ken Charles Attorney. Jon Kelly Treasurer Heather Robertson 9. PUBLIC HEARINGS AND ACTION: 9.1 Public Hearing second and final reading for Ordinance 565 Series 2023, amending the Dolores Land Use Code to promote affordable housing. Action/Approval required. 10. ACTION/APPROVAL OF RESOLUTIONS: 10.1 Resolution R535 Series 2023: Awarding the contract for chip and seal to D&L Construction. 10.2 Resolution R536 Series 2023: Awarding the contract toi install the Towns water plant generator. 10.3 Resolution R537 Series 2023: Declaring the Local Flood Disaster Emergency has passed and 10.4 ResolutionR538 Series 2023 approving a contract Stephen P. DiNardo Consulting, DBA the DiNardo Management Group to provide contract services as an ownersrepresentative fori the terminating the emergency powers conferred by the April10th, 2023 declaration. demolition of the old town hall building in Flanders Park. 10.5 Resolution R539 Series 2023 accepting the terms and conditions of the award of and authoring the expenditure of funds fori the Colorado Outdoor Regional Partnerships Initiative. 10.6 Resolution R540 Series 2023: Adopting al Procurement Policy 11. FUTURE AGENDAS: P&Z meeting. TBD Parks meeting: July 6th, 2023 Board meetings: July 10t,2023 12. ADJOURNMENT 9.1 TOWN OFI DOLORES BOARD OF TRUSTEES PUBLICI HEARING FOR: AI PRESENTATION AND PUBLIC HEARING ON ORDINANCE 565 Series 2023TO AMIEND THE: DOLORES LAND USE CODE' TO PROMOTE AFFORDABLE HOUSING" DATE: JULY 10, 2023 TIME: 6:30P.M. PLACE: 420CENTRAL/ AVE, DOLORES, CO. 81323 NOW, THEREFORE, BEITI KNOWN, that notice is hereby given ofal Public Hearing before the Dolores Board ofTrustees at 6:30P.M. on Monday July 10, 2023, inj person at 420 Central Ave or by virtual link provided on the' Town of Dolores website itps/ownotdolores.coloradogov. town board meetings. The Planning Commission held aj public hearing on June 6, 2023 to review the ordinance and afterward recommended to the Board ofTrustees to review. On Monday June 12, 2023, the Town Board of Trustees read the Ordinance and has set it for final reading public hearing on Monday July 10, 2023 at 6:30 p.m. in the town The purpose of this hearing is for the Board ofTrustees toj present Ordinance #565 Series 2023 to amend the Dolores Land Use Code to Promote Affordable Housing. A copy ofthe proposed ordinance amending the Land Use Code is available on the' Town of Dolores website at) omobsssibEy Comments may also be made in writing to Town ofl Dolores, P.O. Box 630, Dolores, CO or deliver to 420 Central Avenue, Dolores, CO 81323 or by email to meeting room at 420 Central Ave. and the town clerk's office. Tmmy@towmoloors.con Done this 13th day ofJune 2023 /s/" Tammy Neely, Town Clerk Publish ini the-Journal Wednesday June 21, 2023 - TOWN OF DOLORES, COLORADO ORDINANCE NO. 565 SERIES 2023 AFFORDABLE HOUSING AN ORDINANCE TO AMEND THE DOLORES LAND USE CODE TO PROMOTE WHEREAS, pursuant to C.R.S. $ 31-23-301, the Town of Dolores ("Town") possesses the authority to: zone, rezone, change, supplement, and: revise the zoning classifications or designation WHEREAS, the Town is authorized by C.R.S. $31-23-301 to regulate zoning and land use within the Town's boundaries, and the Town has in: fact adopted a comprehensive zoning scheme. WHEREAS, the Dolores Town Board identifies housing affordability as a priority community WHEREAS, the Dolores Town Board believes that it is important that the people who serve our community including hourly employees, town staff and our teachers have the option tol live ini the WHEREAS, a diversity of housing options benefits community vitality and health; and, WHEREAS, encouraging a diversity of housing options will increase the ability ofindividuals and families across a range ofi income levels to choose to live in the same community in which they WHEREAS, the Town of Dolores has created a task force to study the issue of housing WHEREAS, the Planning Commission has held numerous meetings to study the issue of housing WHEREAS, the Department of Local Affairs and the state of Colorado under the newly passed Proposition 123 provide funding opportunities to municipalities and developers for affordable WHEREAS, the Town of Dolores Planning Commission and the Housing Task Force has recommended certain changes to the Town of Dolores Land Use Code to achieve the goal of promoting the development of affordable and workforce housing in the community as well to be better positioned toi receive grants and other funding to support these goals; and, WHEREAS, after public notice and final public hearing on June 6, 2023, as required by the Dolores Land Use Code and applicable law and regulations, the Town of Dolores Planning and Zoning Commission has recommended approval of proposed amendments set forth inl Exhibit A, WHEREAS after public notice and public hearing, the Town of Dolores Board of Trustees finds that the proposed amendments tot thei remaining provisions of the Town ofDolores Land Use Code promote the health, safety and welfare and are in the best interests of the citizens of the Town of of property and to regulate land uses within the Town. issue; and community they serve; and, work; and, affordability and make: recommendations to the Board ofTrustees; and, affordability; and, housing projects; and, attached hereto and incorporated herein by reference. 1/Page 3 Dolores, including the goal of promoting the Town's inventory of affordable and workforce WHEREAS, the Board of Trustees wish to exercise its express statutory authority to amend the Town of Dolores Land Use Code as set forth herein in order to obtain sources of funding to promote affordable and workforce housing and toi incentivize development in ai manner toi increase NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE SECTION 1. The Town of Dolores Land Use Code as adopted by Ordinance 556-2021 on December 13, 2021, and Ordinance 557-2022 on February 14, 2022, is hereby amended as SECTION2. The Dolores Land Use Code shall otherwise remain in full force and effect except SECTION3.1 Ifany section, paragraph, clause, or provision oft this Ordinance shall for any reason be held to be invalid or unentorceable, the invalidity or unenforceability of any such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. housing, and should be adopted. the Town'sinventory of affordable and workforce housing. TOWN OF DOLORES: provided on Exhibit A, attached hereto, and incorporated herein by reference. as expressly amended herein. SECTION4. This Ordinance shall take effect publication whichever is later. or thirty (30) days after final PUBLIC HEARING. This ordinance shall be considered for second or final reading on the 10th day of July 2023, in the Town Board Chambers in Town Hall, Dolores, Colorado, at which time and place all persons may appear and be heard concerning the same. Passed adopted and approved on the first reading on, June 12. 2023. DOLORES BOARD OF TRUSTEES: By: MayorLeigh Reeves Attest: By: Town Clerk Tammy Neely 2IPage 4 Passed adopted and approved on the second and final reading this day of 2023. DOLORES BOARD OF TRUSTEES: By: Mayor Leigh Reeves Attest: By: Town Clerk Tammy Neely 3Page EXHIBIT A 1. Section 2.6 of the Dolores Land Use Code is hereby amended to include the Affordable housing, as further defined under Article 16, is either ai rental unit(s) pricedfor households earning noi more than 80% of the Areal Median. Income, or an ownership unit(s) priced for households earning no more than 120% of the Area Median. Income. AMI information shall be determined by the U.S. Department ofHousing and Urban. Development (HUD), and affordable rental information shall be as determined. by the Colorado Housing Finance. Authority (CHFA). The affordability measurements in this definition may be adjustedpursuant to the Town following Affordable Housing Definition: Dolores.Afordable Housing. Policy. 2. There is hereby created a new Article 16 to the Dolores Land Use Code as follows: Article 16Affordable Housing Statement of Policy The Town of Dolores, Colorado, establishes the following affordable housing policies and definitions, adjustable as necessary to remain eligible: for appliçable sources of state and federal funding. Dolores, Colorado, will aim to approve housing developments priced sO that more: rental households earning noi more than 80% of the Area Median Income, and homeowners earning no more than 120% of the Area Median Income, can afford tol livei in the' Town. Where required by state or federal funding requirements, these standards shall be adjusted as follows: Dolores, Colorado, will aim to approve, and as needed, annually increase the supply of new and existing housing sO that more rental households earning no more than 60% of the. Area Median Income, and existing homeowners earning noi more than 100% of the Area Median Income, and first-time homeowners earning no more than 120% oft the. Area Median Income, can afford tol live in the Town while paying no more than 30% of their Affordable units shall be deed-restricted for ai minimum of 50 years, or a length as gross monthly income for housing determined by the Dolores Board of Trustees. 4JPage Expedited Review Applicability and Process Modifications A site plan for a development project that includes at least 50 percent affordable housing shall be reviewed in accordance with the general approval procedures applicable to administrative review in Section 13.6, with the following modifications: A community meeting shall be required for those projects that propose: 10 or more total dwelling units. 10,000 square feet or more of floor area; or Development of3 or more units on a lot adjacent to an existing single-family detached dwelling. The community meeting shall be held no more than 60 days prior to submission of the project application. The. Zoning Administrator shall bei responsible: forj providing reasonable notice to the entire community of the meeting time and location along with an opportunity to submit comments for at least seven days following the meeting. The applicant shall be responsible for providing a project summary to the Town at least 15 days prior to the community meeting. The total time between when the affordable housing site plan application is determined to be complete and a determination on the site plan shall not exceed 120 days. Applicants shall have 20 days to. resubmit revised documents to address comments, from the Town or the application shall be considered. inactive and abandoned. Applicable Standards and Adjustments The project shall comply with all applicable LUC: requirements with the following exceptions: 5IPage 7 Vehicle parking shall be provided in accordance with Table 8.1 except that off-street parking) for affordable housing units shall be provided at a minimum of1 space per dwelling unit. Bicycle parking: Long-term spaces shall be provided for single- family attached or multifamily developments as follows: 2 plus. .05 per bedroom calculated across the entire development, including market-rate units. Long-term bicycle parking shall be covered, enclosed, and. secured to the maximum extent practicable. Long- term bicycle parking may be located inside a building. Section 13.5. Admimistrative Adjustments may be requestedjorany applicable standard. except vehicle and bicycle parking. Development Timing and Construction The construction of affordable units in any development approved through this process shall bet timed such that the units shall be constructed and pass final inspection concurrently or prior tot the market-rate dwelling units in that development. Submission Requirements The following information shall be submitted either on the site plan or with an application for expedited review, as determined by the Zoning Administrator: Name ofproposed. development. Sworn progfgfownership and a notarized letter ofauthorization from the landowner permitting ai representative to process the The proposed land use and the area ofeach use in square. feet. The zoning and residential density of all adjacent properties. Public and private utility service lines and/or main lineswith Title certificate or abstract of titles covering all lands to be application. The land area and legal description. The existing. zoning of the property. qppurtenances. conveyed to the Town. Current tax information. Ifthe application involves public improvements: 6IPage 8 Preliminary construction plans for the proposed public improvements including street plan and profile sheets, storm drainage improvements plans and other Aj preliminary pavement design report. A7 Traffic Study, ift required elsewhere in the Code. A draft Affordable Housing Agreement with the Town that documents how the applicant will meet the requirements of this section. The. Affordable Housing Agreement shall bei in ai form Signature blocks for the Zoning Administrator and Planning and improvements. approved by the Town Attorney. Zoning Commission chair. 7IPage 10.1 Town ofDolores Resolution No R535 Series-2023 CONSTRUCTION A RESOLUTION AWARDING CONTRACT FOR CHIP AND SEAL TOD&L WHEREAS, the Town ofDolores (the "Town") has the authority to enterinto contracts for WHEREAS the' Town solicited bids from qualified applicants to chip and seal Central Ave from WHEREAS the Town finds that D&L Construction of Cortez, Colorado has the best value suited toi the Town's situation and purposes in the amount of $36,400.00 for these services (the single NOW, THEREFORE, BE: IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN Section 1. The Town Board of Trustees hereby awards the contract for services to chip and seal Central Ave. from Third Street to the Water Dock ini the Town ofDolores with a single layerin the amount of $36,400.00, and appropriates and authorizes the expenditure of these funds, and authorizes the Manager to execute an agreement for these services as set forth in the proposal Section 2. This resolution shall become effective immediately upon its adoption by the Board of any lawful municipal purpose pursuant to C.R.S. $31-15-101; and; the water dock to Third Street; and, layer option) set forth ini the attached proposal; OF DOLORES, THAT: attached hereto as Exhibit A. Trustees. Passed, adopted and approved June 26, 2023 THE. BOARD OF TRUSTEES OF THE TOWN OF DOLORES: By: Attest: Mayor Leigh Reeves Town Clerk Tammy Neely 2 D&LCONSTRUCTION P.O. Box 991 Cortez, CO81321 (970)565-2087 Fax (970)565-7281 "We Dig Your Business!" Submitted to: Town ofI Dolores Street: 420 Central Avenue City: Dolores, CO81323 Phone: 970-882-7720 Date: 6-14-2023 JobLocation: Various Locations We hereby submit specification and estimate for: Furnish & install chip seal in the following locations: On Central Ave. from the water dock to 3rd Street approximately 5200 SY 2 layers of 3/8" chips @ $11.00 per SY 11 layer of 3/8" chips @ $7.00 per SY High School approximately 2600 SY 21 layers of 3/8" chips @ $11.00 per SY 11th Street approximately 1200 SY 21 layers of 3/8" chips @ $11,00 per SY $57,200.00 $36,400.00 $28,600.00 $13,200.00 TOTAL Wej propose hereby to furnish material and labor complete in accordance with above Price excludes any rock excavation that may be ençountered; rock excavation will be done on an hourly basis. Price also excludes permits, testing, surveying, staking and permitting & maintenance of erosion control measures unless otherwise noted. D&L Construction cannot guarantee proper drainage if asphalt pavement is designed, or site conditions dictate pavement slopes of less than 1%. Base work done by others, shall have grading & compaction tested and approved before asphalt paving starts. Base course should be fine graded toj plus or minus 3/8" to ensure proper drainage. Our employees are fully covered by Workman's compensation Insurance. General Liability and Workman's Compensation Certificates will be provided upon request. IfPayment and Performance Bonds are required please add an additional 2.75%1 to total. If payment is not paid when agreed upon Owner hereby agrees to pay contractor 1 1/2/% per month until entire balance is paid. If Attorney fees are incurred Owner hereby agrees to pay the specifications, for the: sum of: to be determined Payment is to be made within ten days of date ofinvoice. 3 entire balance oft those lawyer and/or collections costs. Authorized Signature Note: This proposal may be withdrawn if not accepted within 10 days. ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are. hereby accepted. You are authorized to do the work as specified. Payment will bei made as outlined above. Signature Date of Acceptance 10,2 / Town ofDolores Resolution No R536 SERIES-2023 TREATMENT PLANT TO MATTHEWS ELECTRIC OF SOUTHWEST COLORADO, INC.TO INSTALL. A GENERATOR FOR THE TOWN'S WATER ARESOLUTION. AWARDING A CONTRACT WHEREAS, the Board of Trustees determined that a backup generator for Town's water treatment plant is essential for the life, safety and welfare oft thei residents of the Town of Dolores ini the event ofi flood, wildland fire or other disaster threatening the Town; and WHEREAS, Town of Dolores was awarded a grant from the Federal Emergency Management Agency's "FEMA BUILDING RESILIENT INFRASTRUCTURE AND COMMUNITIES (BRIC), HAZARD MITIGATION GRANT PROGRAM (HMGP) AND FLOOD MANAGEMENT ASSISTANCE (FMA) GRANT PROGRAMS" to fund a portion of the cost of a generator to power the Town's water treatment system; and, any lawful municipal purpose pursuant to C.R.S. $31-15-101; and WHEREAS, the Town of] Dolores (the "Town") has the authority to enter into contracts for WHEREAS, the Town solicited competitive proposals from qualified, reliable, insured, WHEREAS, after considering the selection criteria, the' Town finds that Matthews Electric of Southwest Colorado, Inc. has met the requirements as advertised to be awarded a contract, and have the best value suited to the Town's situation and purposes in the amounts stated as set forth in and licensed electrical contractors to purchase and install the generator; and, the proposal attached hereto as. Exhibit A. THE TOWN OF DOLORES, COLORADO: NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES FOR Section 1. The Town Board of Trustees hereby awards the contract for services to purchase and install a generator for the Town's s water treatment in the amount of $92,465.00 to Matthews Electric of Southwest Colorado, Inc., and appropriates and authorizes the expenditure of these funds, and authorizes the Manager to execute an agreement for these services as set forth in the Section 2. This resolution shall become effective immediately upon its adoption by the Board of proposal attached hereto as Exhibit A. Trustees. 3 Passed, adopted, and approved June 26, 2023 THE BOARD OF TRUSTEES OF THE TOWN OF DOLORES: By: MayorLeigh Reeves Attest: Town Clerk' Tammy Neely Matthews Electric ofSouthwest ESTIMATE Estimate # 23/866 Colorado, Inc. 13080 Road 27.6 Dolores, Colorado 81323 Date 6/5/2023 Name /Address Town OfDolores Post Office Box 630 420 Central Ave. Dolores, Colorado 81323 Fax:970-882-7466 ARCHITECT NA Due Date Date of Plans 6/5/2023 Total Description Town ofDolores Water Treatment Plant Generator Project as per provided specifications. Submittals providedi if awarded. Current lead times: Generator 43-45 weeks ATS 17-19 weeks Iwould anticipate. ATS, gas line and concrete to be placed November 1st pending ATS arrival. Project willl be designed, coordinated and supplied by Matthews Electric of Southwest Colorado, Inc. We have installed: residential & commercial. ATS equipment on a regular basis from the Cortez Hospital District to back up power in the Dolores, Riço & Telluride area, Iwill be over We arej proposing Cummins 125 KW Gencrator and ATS: from Cummins. No exceptions proposed. Gas line provided by Sparks Plumbing, and concrete provided by RC Company. Our project teami is 7 employees with me (Dean Matthews) as lead. We have performed multiple projects for the Town of Dolores and recently were awarded the electrical portion for Set generator early summer of2024 pending arrival. seeing all aspects of the installation. the Town Hall remodel. Base Electrical Generator ATS Gas Line Concrete Pad Electrical Permit Dirt Work T&ME BASIS. 25,300.00 52,665.00 9,400.00 950.00 2,200.00 1,550.00 400.00 NOTI RESPONSIBLEFOR DELAYSI DLETOMATEKINE SHIPPINGOR WEATHER ANY DWNCETOTEMIORAN POWER ORI LIGHTINGWILL BE CHAREGEDONA SPECLALTY FANSANDFIRTURES MAY BE CHARGEDON. AT&M BASIS. Total BATHROOMI FACILITY NEEDS TO BE PROVIDED. HEATT NEEDS TO BE PROVIDED FOR WINTER, JOB. FUEL: SURCHARGE MIGHTE HAVE TOBEADDED. Signature ANYADDITIONS OR CHANGES WILLI BEJ IN WRITING& SIGNEDOFF BEFOREY WE CAN PROCEED Page 1 Date 4 Matthews Electric ofSouthwest ESTIMATE Estimate # 23/866 Colorado, Inc. 13080 Road 27.6 Dolores, Colorado 81323 Date 6/5/2023 Name /Address Town Of Dolores Post Office Box 630 420 Central Ave. Dolores, Colorado 81323 Fax:970-882-7466 ARCHITECT NA Due Date Date of Plans 6/5/2023 Total Description Deposit of $67,422.00 required to procure material. Material quote expires on 6/15/2023 Generator quote expires 6/28/2023 NOT RESPONSIBLEFOR DELAYSDUET SHIPPINGOR WEATHER ANY DWINGETOTEIORANY POWER OR LIGHTINGWILL BE CHAREGEDONA SPECLALTY FANS. ANDFIXTURES! MAY BE CHARGEDON AT&MI BASIS. Total T&MI BASIS. $92,465.00 BATHROOM FACILITY NEEDS TO BE PROVIDED. HEAT NEEDSTOBE PROVIDED FOR WINTER JOB. FUEL SURCHARGE MIGHT HAVLITOBE ADDED. Signature ANYADDITIONS OR CHANGES WILLI BE TN WRITING & SIGNEDOFF BEOREY WE CAN PROCEED. Page 2 Date 10,3 Town ofDolores Resolution No R537 SERIES 2023 A RESOLUTION DECLARING THE LOCAL FLOOD DISASTER EMERGENCY HAS PASSED AND TERMINATING THE EMERGENCY POWERS CONFERRED BY THE APRIL 10,2023, DECLARATION WHEREAS, the Town of Dolores, Colorado is a statutory town incorporated under the WHEREAS, C.R.S. $24-33.5-709 authorizes the principal executive officer of aj political WHEREAS thel Board of Trustees passed ai resolution on April 10, 2023 Declaring a Local Flood Disaster Emergency in response to excess runoff from tributaries of thel Dolores River in April laws of the state of Colorado; and, subdivision to declare al local disaster; of2023 that damaged private and public property; WHEREAS the effects of this event have passed and there is no longer ajustification for the NOW, THEREFORE, BEI ITI RESOLVED by the! Board ofTrustees oft the Town ofDolores THAT thel Board of Trustees declares that the resolution captioned! Declaration ofLocal Flood emergency declaration; Disaster Emergency passed on April 10, 2023 is hereby rescinded. Passed, adopted and approved this 26th day of. June, 2023. THE BOARD OF TRUSTEES OF THE TOWN OF DOLORES: By: Mayor Leigh Reeves Attest: Town Clerk Tammy Neely - DECLARATION OF LOCAL FLOOD DISASTER EMERGENCY WHEREAS, C.R.S. $ 24-33.5-709 authorizes the principal executive officer of a political WHEREAS, above-average precipitation throughout the winter has resulted in unusually high runoffs that have already caused flooding in the Town ofDolores and raise the risk of subdivision to declare al local disaster; and significant flooding in in the coming weeks; and WHEREAS, Montezuma County'sE Emergency Manager has advised that the risks associated with flooding ini the unincorporated portion ofMontezuma County and the municipalities within Montezuma County are significant enough to warrant a disaster declaration; and WHEREAS, Montezuma County'sl Emergency Manager asserts that this Declaration is necessary for the immediate preservation of the public health, safety, and welfare of! peoplei in Montezuma County; and WHEREAS, the Town has experienced localized excess runoff from tributaries of the Dolores River in April 2023 that have damaged private and public property and therei is a significant threat such threats will continue; and WHEREAS, historic buildings sitting within flood: zones in the Town ofDolores are threatened by rising waters in the Dolores River and its tributaries, and such buildings could exacerbate flooding in the Town of Dolores in the event that their structural integrity was compromised by rising flood waters; and WHEREAS, officials in Montezuma County, including Montezuma County's Emergency Manager and the Montezuma County Sheriff have been working closely with the' Town of Dolores and other county municipalities to ensure preparedness in the event of significant flooding; and WHEREAS, C000 sandbags arc currently houscd on Town Propcrty or deployed throughout the Town and such sandbags are in the process of being deployed as a means of combating local flood disasters; and WHEREAS, officials in Montezuma County and the Town of Dolores are working diligently tol keep the public cinformed of flood risks and emergency preparedness measures through the use of town hall style meetings, press releases, and social media activity; and WHEREAS, the cost and magnitude of responding toj present flooding, as well as potential flooding, in the Town of Dolores is far in excess of the Town'sand Montezuma County Emergency Management Department's: funds and resources. NOW T'HEREFORE, BE IT RESOLVED THAT: 1 1. The Town ofDolores declares that there is al local flood disaster emergency in the Town, and that the occurrence and imminent threat of excess runoff and widespread flooding could result in severe: injury or loss oflife or loss of property requires emergency 2. The effect of this declaration of a flood disaster emergency shall be to activate the respond and recovery aspects of any and all applicable federal, state and local and inter- jurisdictional disaster emergency plans and to authorize the: furnishing of aid and mitigation. assistance under such plans. 3. This declaration will be posted on the Town of Dolores website and provided to the press, the County Department of] Emergency Management, and filed with the appropriate agencies Passed, adopted and approved April 10, 2023. THE BOARD OF TRUSTEES OF THE TOWN OF DOLORES: By: Ax Mayor Attest: galy Town Clerk OF O SEAL) 1900 SOIORADO 2 10. Town ofDolores Resolution Nol R538 SERIES 2023 Al RESOLUTION APPROVING A CONTRACT STEPHEN P.J DINARDO CONSULTING, DBA THE DINARDO MANAGEMENT GROUP TO PROVIDE CONTRACT SERVICES AS AN OWNER'S REPRESENTATIVE FOR THE DEMOLITION OF THE OLD TOWN HALL BUILDING IN FLANDERS PARK WHEREAS the Town of Doloresi is in the process of moving Town Hall to ai new location at 601 Central Avenue and resolved the current town hall structure in order to expand Flanders Park in accordance with the Town's] Master Plan; WHEREAS thel Board ofTrustees has determined that an ownersrepresentatve to oversee the demolition process is in the best interest of the Town of Dolores to ensure that the citizens receive the best value for the funds expended to demolish the current structure; WHEREAS, the Town of Dolores determines that STEPHEN P. DINARDO CONSULTING, dba The DiNardo Management Group has the best value suited to the Town's situation and purposes; and, TOWN OF DOLORES, THAT: NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE Section 1. The Town Board of Trustees hereby approves the employment STEPHEN P. DINARDO CONSULTING, dba The DiNardo Management Group as an independent contractor as an owner's representative to oversee the demolition of the current Town Hall structure in Flanders Park. Section 2. The Town Board of Trustees awards the contract to STEPHEN P. DINARDO CONSULTING, dba The DiNardo Management Group and approves the contract for services attached hereto as Exhibit 1. contract on behalf ofthe Town. Section 3. The Town Board of Trustees authorizes the Town Manager to execute the Section 4. The Town authorizes the expenditure of up to $10,000 on these services. Section 5. This resolution shall become effective immediately upon its adoption by the Board of Trustees. PASSED AND ADOPTED June 26, 2023 Mayor Leigh Reeves ATTEST: Town Clerk Tammy Neely Professional Service Agreement THIS PROFESSIONAL SERVICE AGREEMENT ("Agreement"): is made and entered into June 26, 2023, by and between STEPHEN P. DINARDO CONSULTING, dba The DiNardo Management Group (the "Consultant") and the TOWN OF DOLORES, ("the client"). RECITALS WHERAS, the Client owns the real property located in the Town of Dolores, commonly WHERAS, the Client intends to demolish the structure located on1 the Property and desires to engage the Consultant toj provide certain services related to the Demolition and the Consultant has agreed to perform such services, as: fully described hereinafter; and known as 420 Central Avenue (the "Property"). WHERAS, the Client, on. June 26, 2013, approved this Professional Services Agreement with Consultant and authorized the expenditure of up to Ten Thousand Dollars ($10,000) for the Consultants' performance of the Scope of Services hereunder. NOW, THEREFORE, in consideration of the mutual covenants and obligations herein expressed the receipt and adequacy of which are hereby acknowledged, it is agreed by and between parties hereto as follows: 1. Performance of Services: Subject to the terms and condition of this Agreement, Client hereby engages Consultant as an independent contractor to perform the services set forth herein, and Consultant hereby accepts such engagement. 2. Duties, Term, and Compensation: Consultant's duties, term of engagement, and compensation shall be set forth in Attachment A, which will be attached to and 3. Compensation: In consideration oft the Consultants performance for the Scope of Services, the Client agrees to pay the professional on a time and reimbursable cost basis in accordance with the rates contained in the Scope of Services, up toi the maximum amount of'Ten Thousand Dollars ($10,000) for both the Consultants' time and direct reimbursable costs related to the Consultants Scope of Services 4. Payments: Consultant shall invoice for services to Client monthly no later than the 5th oft the month, or upon completion ofa a specific scope of services. Client shall make payment to consultant nol later than 30 days following the receipt an invoice. 5. Use of Subconsultants. All subconsultants that will bej preforming work hereunder must be approved in writing by the Client prior to commencing any such work. 6. Town of Dolores Representative: The Client shall designate, prior to the commencement of work, its project representative who shall make, within the scope considered part oft this Agreement. 4 of his authority, all necessary and proper decisions with reference to the project. (NAME and TITLE). All communication concerning this Agreement shall be 7. Insurance: Consultant shall carry professional liability insurance, ifwarranted in accordançe with the laws and regulations applicable to the services that he or she performs for Client, with Client named as an additional insured. Additional insurance 8. Early Termination by the Client. Notwithstanding the time periods contained herein, the Client shall have thei right to: terminate this Agreement at any time without cause by providing written notice of termination tot the Consultant. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. In the event of any such early termination by the Client, the Consultant shall be paid for services rendered prior the the date of termination, subject only to the satisfactory performance of the Consultant" s obligations under this Agreement. Such payment shall be the directed to the Client's Representative. requirements, ifany, shall be as described in Attachment A Consultant'ss sole right and remedy for such termination. 9. Additional Services, Changes to Scope of Services. The Client shall have the right during the term hereof to request changes or additions to the Scope of Services through written change order requests. Once the Client has delivered notice of such change toi the Consultant, no work related toi thei requested change shall proceed until the parties have reached an agreement regarding changes in price or scheduling requirement related to the requested change, and a written change order documenting the agreed-upon terms in prepared and issued by the client. No such changes or additions shall be considered approved, binding, or enforceable until the parties 10. Coordination, Quality and Accuracy of Services. The Consultant shall be responsible for the coordination of all services between the Consultant and its subconsultants. The Consultant shall be responsible for the professional quality, technical accuracy, timely completion and coordination of all services rendered by the Consultant and it subcontractors which service3s shall include, by way of example and without limitation, designs, plans, reports, specification, and drawing and the Consultant shall remedy and correct any errors, omissions, or other deficiencies. 11. Legal Compliance, Licenses and Business Requirements. The Consultant shall hold, in the Consultant's name, all licenses necessary to perform the Scope of Services, and shall have full authority to do such business ini the State of Colorado. The Consultant warrants to the Client that it shall exercise the highest degree of competence and care, as determined by accepted standards for work of similar nature, in performing any services or work hereunder, and that such services and work shall be performed in accordance with all applicable laws, rules and: regulation. hereto have singed such change order form, 12. No Assignment. The Consultant acknowledges that the Client enters into this Agreement based upon the unique qualification and special abilities of the Consultant and that this Agreement shall be considered an agreement for personal services. Accordingly, the Consultant shall not assign any responsibilities nor delegate any of its duties arising hereunder to any other individual or entity with the prior written 13. Indemnification. Client and Consultant agrees, to the fullest extent permitted by law, toi mutually indemnify and hold harmless either party and its officers, directors, and employees against all damages, liabilities, or costs, including reasonable attorney fees and defense cost, to the extent caused by either party's negligent performance of 14. Notice. All notices, demands, or other communication required or desired to be given hereunder by any party shall bei in writing and shall be validly given or made to another party if personally served, or sent by certified or registered mail postage prepaid or by commercial courier service. Notice shall be deemed given or made at consent oft the Client. services under this Agreement. the time of receipt. Notices shall be addressed as follows. Ifto Consultant: Stephen P. DiNardo 3733 South Ensenada St. Aurora, CO 80013 Town ofDoroles 420 Central Avenue PO Box 630 Dolores, CO 81323 Ifto Client: Attention: Kenneth Charles Town Manager Any party hereto may change its address for the purposes of this paragraph by written 15. Work Product. The Client shall own and retain all right, title, and interest in and to all reports, documents, drawings, specifications, plans, designs, and other information or work product that are produced, created developed, or made by Professional ori its subconsultants in connection with the Scope of Services and such work product shall 16. Governing Law. This Agreement shall be governed by the law of the State of 17. Dispute Resolution. Client and Consultant agree to: negotiate all disputes between them in good faither for a period of 30 days from the date of notice prior to exercising their rights under the following dispute resolution provisions. If directed negotiations fail, Client and Consultant agree that they shall submit any and all unsettled claims, counterclaims, disputes, and other matters in questions between them arising out of or notice given in the manner provided above. bei the sole property oft the Client. Colorado. relating toi this Agreement or the breach thereof to mediation in accordance with the Construction Industry Mediation Rules oft the American Arbitration Association effective on the date ofthis Agreement prior to exercising other right under the law. 18. Modification or Amendment: No amendment, change or modification of this Agreement shall be valid unless in writing signed by the parties hereto. 19. Unenforceability of Provisions. Ifany provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement 20. Entire understanding. This document and any subsequently executed attachments constitute the entire understanding and agreement of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and canceled ini their entirety and are ofr no further force and effect. This Agreement shall be shall nevertheless remain in full forced an effect. effective upon execution by both parties. Town ofl Dolores Client Stephen P.J DiNardo Consultant (Signature) Kenneth Charles Town Manager (Typed Name) Stephen P. DiNardo (Title) (Date) Principal 7 Attachment A-I Duties, Term, and Compensation This is an attachment dated June 26, 2023, to the Professional Service Agreement (Agreement) dated June 26, 2023, between The Town of] Dolores (Client) and Stephen P. DiNardo Consulting (Consultant). Duties: General: The Consultant's duties are as describe below. He or she will report directly to Kenneth Charles and to any other party designated by the Town of] Dolores in connection with the performance oft the duties under this Agreement and shall fulfill any other duties reasonable Scope of Services: Provide consulting and management representative services to the Town of Dolores inj preparing for the environmental remediation and demolition ofthe Dolores Town Hall located at 420 Central Ave, Dolores CO 81323. Scope of Service shall include the 1. Review and Analysis of all available relevant documents and drawing toi include, if requested by Client and agreed to by Consultant. following: available a. Building drawings and prints b. Site-specific civil utility drawings Phaselenvironmental survey d. Asbestos building inspection survey. Historical document. - Any other relevant documents. 2. Provide Client with summary report toi include. a. As summary report on the due diligence of the existing documents, along with comments and required action items for the scope of work. b. An outline oft the full scope of work that will be required to include but not limited to site decommission, permitting, 3rd party oversite, inspections, regulatory compliance, professional service fees, asbestos removal, demolition, ALevel 1 details scored budget including contingencies. Consultant shall resource existing pre-qualified demolition and abatement contractors for due and site stabilization. diligence costing. d. Provide Client with Critical path schedule of events. 3. Asar result oft the due diligence, Consultant shall provide Client with estimated Consulting fees to prepare contract documents and to manage tol hard service. Insurance Requirements: Consultant shall provide errors and omissions and general liability insurançe, Term: This engagement shall commence upon execution oft this Attachment A and shall Compensation: Client shall pay Consultant for services as described as invoices on an hourly basis of One Hundred and Ninety dollars ($185.00) per hour plus expensive per Consultant's Consultant shall submiti invoices to Client vie e-mail to mgetowmddacrsicm. IN WITNESS WHEREOF, the parties hereto have made and executed this Attachment A as of the day and year first written above. The parties hereto agree that facsimile signatures shall be as continue in full force and effect until complete. 2023 rate sheet. Attachment B effective as iforiginals. Town of Dolores Client Stephen P. DiNardo Consultant (Signature) Kenneth Charles Town Manager (Typed Name) Stephen P. DiNardo (Title) (Date) Principal - Attachment B- DiNardo Management Group 2023 Rate Sheet 2023 Rate Sheet Professional Consulting Services: These rates apply to task specific engagements: Business Analysis, Quality! Management Consulting/Audits, Economic/Cost Modeling, Due Diligence Briefs, 3rd Party Oversight, and/ora any Time and Materials agreement. TITLE CLASSIFICATION Project Director/ Principal Associate Consultant Associate Professional Clerical and Administrative Travel and Lodging Vehicle Expense Office Expenses RATE ($) HOUR $165 to $185 $125 to $165 Professional Billed Rate $75t to $100 Invoiced Amount $0.69 per mile plus tolls (when applied) Invoiced Amount %MARKUP N/A N/A 15% N/A 15% 15% ont tolls. 15% Subject to adjustment during the contract renewal period Rate determination. is basedo on hours required. Project Management and Owners Representative Services: Quality Management Oversight, Regulatory Reporting and/ora any fixed rated agreement. These rates applyt to project specific engagements: Project Management, Owners Representative, Construction Management, TITLE CLASSIFICATION Project Director /F Principal Associate Consultant Associate Professional Construction Management Fee Clerical and Administrative Travel and Lodging Vehicle Expense Office Expenses RATE ($)H HOUR $1651 to $185 $125t to $165 Professional Billed Rate Contractors Billing $75to $125 Invoiced Amount $0.69 per mile plus tolls (when applied) Invoiced. Amount %MARKUP N/A N/A 15% 5% N/A 15% 15% on" Tolls 15% Subject to adjustment during the contract renewal period Rate determination. is based on hours required. Fixed Contract Agreements: 80% of all DMG agreements are negotiated deals based ont the specific needs oft the dient's project. General Conditions: Invoices ares submitted att thes end ofe each calendar month and/or at the completion ofas scope of work. DMG does not accept" "Paid when Paid" terms unless specifically agreed toi inc contract documents. Billing Terms are "Due upon Receipt" or' "Net 100 days". New clients are subject to a one-time retainer's fee. 10 Attachment C-Consulting Proposal Dated April 10, 2023 eDNaruo.Mangememt Group Owners Representative Project Management Business Consulting April 10, 2023 Ken Charles Dolores Town Manager RE: Dolores Town Hall consulting proposal Mr. Charles. Inr response to your request, DMG is pleased to submit this proposal to provide general consulting and owner-representatve services to assist you with your project. DMG is an owners representative consulting firm specializing in environmental remediation, utility decommission/ /relocation, demolition, and all the support tasks that are include in the life cycle of decommissioning a property for both public and private clients. We have been in business for 23 years and have managed projects ranging Our approach is to separate projects into four distinct and unique phases (reference attachment) that help clients manage projects through due diligence, project development, contracting, and project management to reduce risk, ensure all tasks are identified and completed correctly, ensure prequalification of the professional engineers, abatement and demolition contractors required, and the project is managed to ensure budget attainment with little to no change orders. We co-venture with our client's organization to develop our scope of work depending on their existing resources, skill, From the little information provided, lunderstand the scope of work to be the abatement and demolition of the Dolores Town Hall building. Assuming this is correct, propose from large hospital demolitions to single-small buildings. needs and wants. we perform a complete due diligence study to include the following. Review and analysis of all existing documents and drawing to include. a. b. C. d. e. f. Building drawings and prints. Phase I Environmental survey. Asbestos building inspection survey. Historical documents. Any other relevant documents. Site-specific civil utility drawing - Alta survey if available. 11 DMG will provide you with a summary report to include, a. b. A summary report on the due diligence of existing documents, along with comments and required action items for the scope of work. An outline of the full scope of work that will be required to include but not limited to site decommission, permitting, 3rd party oversight, inspections, regulatory compliance, professional service fees, asbestos removal, Al Level 1 detailed scored budget, including contingencies. DMG shall resource existing DMG pre-qualified demolition and abatement contracts demolition, and site stabilization. for due diligence costing. (Reference fee schedule) C. d. Ifmy assessment of the scope of work is correct, it would only require around 35 to 40 hours to complete. As a result of the due diligence, we can estimate the additional fees to prepare documents for bidding, select contractors, contracting, and project management. Please take a few moments to look over our website at wwdinardogroup.com. Itwill provide you with a complete list of our services and some projects we have managed. It I'm very happy that Mike Scholl recommended me as we have worked through a lot of Ihope this letter provides you with the information you seek, and I look forward to is outdated but should be sufficient. unique and challenging projects. Ican't think of a better reference. speaking to you soon. Respectfully Submitted Stephen P. DiNardo 10,5 / Town ofDolores Resolution No R539 Series 2022 Al RESOLUTION ACCEPTING THE TERMS AND CONDITION OF THE. AWARD OF AND AUTHORIZING THE EXPENDATURE OF FUNDS FOR THE COLORADO OUTDOOR REGIONAL PARTNERSHIPS INITIATIVE WHEREAS, the Board of Trustees identified the impact and importance ofrecreation on public lands tol be ai matter ofimportance to citizens and businesses in the Town of] Dolores. WEHREAS, Town of Dolore applied for and has now been awarded a grant from the Colorado Outdoor Regional Partnerships Initiative in the amount of $100,000 to form, fund and support the Montelores Coalition which is intended to align with the Colorado Outdoor Partnership's (CO-OP) state-level vision while advancing the development of local and regional planning elementst toinform Colorado'sOutdoors Sirategy,acollaborative: vision for conservation, climate resilience, and sustainable recreation, in accordance with Executive Order B 2020 008.; and, WHEREAS, matching funds and in-kind services are estimated to be up to $20,000 for a NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES FOR Section1. The Board of Trustees accepts the terms and conditions of the award of the Colorado Outdoor Regional Partnerships Initiative in the amount of $100,000, as described in the Exhibit A, attached hereto and authorizes the Town Manager to accept the grant on behalf of the total project cost of$ $120,000. THE TOWN OF DOLORES, COLORADO: Town. Section2. The Board of Trustees agrees to procure up to $20,000 of matching funds, either in-kind or from its general fund, and because this grant awarded calls for reimbursement of costsi incurred, toj payi in advance for and seek reimbursement from grant funds pursuant to the terms and conditions of the award up to $100,000. Section 3. The Board of Trustees authorizes the Town Manger to takes such action as may be necessary to accept the grant and complete the project pursuant to the terms and conditions Section 4. The Mayor, Town Manager, Town Clerk, and staff are hereby authorized and directed to execute all documents and do all other things necessary on behalf of the' Town to accept thereof. the implement the grant and complete the grant project. Section 5. All action heretofore taken in furtherance of the purposes of the Grant and Section 7. This] Resolution shall be ini full force and effect from and after the date ofits project are hereby ratified and confirmed. 2 passage and approval. PASSED AND ADOPTED June 26, 2023. Mayor Leigh Reeves ATTEST: Town Clerk Tammy Neely 3 COLORADO Parks and Wildlife Department of Natural Resources June 21, 2023 Town of Dolores Ken Charles Town Manager POI Box 630 Dolores, CO 81323 Dear Montelores Coalition, Town of Dolores, and Ken Charles, Colorado Parks and' Wildlife (CPW) would like to thank youi for submitting an application to participate in the Colorado Outdoor Regional Partnerships Initiative (RPI). Please accept this letter as formal approval of your grant application for funding for the Montelores coalition. CPW presents Montelores This funding is to support new and existing regional partnerships whose work aligns with the Colorado Outdoor Partnership's (CO-OP) state-levelvision while advancing the development of local and regional planning elements to inform Colorado's Outdoors Strategy, a collaborative vision for conservation, climate resilience, and sustainable recreation, in accordance with Executive Order B2020008. The term of this grant is approximately 241 months and it will expire on June 30, 2025. with a 24 month grant in the amount of $100,000. Participation in the Regional Partnerships Initiative is long term and CPW intends to provide sustainable support for selected coalitions that meet program criteria. Inorder to release grant funds. please reply to this email and include: 1. A statement that shows your formal acceptance of the grant and the below terms by July 10, 2023. If you have a different fiscal agent, both parties must accept the grant and terms. 2. A copy of your organization or fiscal sponsor's W-9 dated July 2022 or after. a. Please note: Funds will be disbursed to the address listed on the fiscal agent organization's W-9, if the fiscal agent address above does not match the address on the W-9, please advise sO CPW can edit the address above and ensure payment is not delayed. If you would like to set up Electronic Funds Transfer payment, please contact a. Workers Compensation and Employers Liability Policy (subrogation waiver needed) b. Certificate of Liability Insurance (additional insurance and subrogation waiver needed) Automobile Insurance Policy (if applicable) (subrogation waiver needed) Jody Kennedy via email. 3. Proof of insurance This is a reimbursable grant. Please note that in accordance with state fiscal rules, CPW cannot reimburse for work completed or goods ordered prior to the date on the CPW contract agreement. The next step in receiving grant funds is the contracting phase. You will be contacted by a Contract Administrator within CPW's Procurement, Contracts, and Legal Services Office after CPW receives the proper W-9 and insurance information and enters it into the state system, If you are unable to incur e costs and be reimbursed, please contact Jody Kennedy via email with your need for a limited advance You are receiving this grant under the Capacity category. These funds are for administration and capacity building of your coalition and progress toward developing a regional conservation and recreation plan. To support program success, CPW requests that you consult with established Regional Partnerships to learn from past experiences. Grant reports should demonstrate steps toward capacity building and engagement with broad outdoor interests including government and nongovernment payment and provide a justification. organizations. GRANT REPORTING Grant recipients must submit invoices and semi-annual grant reports providing the status of their partnership and progress made to CPW's Regional Partnership Program Manager, Jody Kennedy, at, 0emnecyesate.co.s Progress reports are due on December 1, 2023, June 1, 2024, and December 1, 2024. A Final Report is due by. June 1, 2025. AlL reports should address the following topics: An narrative describing the status of the work required under the scope of the project agreement, including progress toward the stated criteria int the Regional Partnerships Initiative grant application including Wildlife & Natural Resources, Sustainable Outdoor Recreation, Collaboration, and Public Comment Alist of sectors/interest areas represented on standing coalitions/commites and engaged through broader outreach efforts (i.e. sportspersons, agricultural production, motorized/non motorized recreation, conservation and edera/tate/ca/rbal government) with consideration for engaging with Progress made toward developing a regional plan with consideration for how this effort will contribute to Colorado Outdoor's Strategy. Final report should include a final (or close to final) regional Conservation and Recreation plan. AU list of grant funds expended (e.g. vendor, amount, date, description of The percent of work completed and percentage of work billed along with an explanation of any delays, cost overruns, or other similar problems encountered and their expected impact on the project. Astatement as to whether the project is on schedule, ahead or behind, and why. If no activity has occurred within the reporting period, an explanation & Involvement. underrepresented communities. services). should be given in detail. INVOICING Grant recipients may submit invoices with their reports or at any time during their grant term. Invoices should be submitted by email to Jody Kennedy, at odhemnedyestate.co.ls with "invoice" stated in the subject line. Invoices must contain the following information: Grantee Name Project Number (POGG1) Total Grant Amount Received Grantee or fiscal sponsor address that matches the submitted W-9 CPW recipient and address: Jody Kennedy, CPW, 6060 Broadway, Denver CO 80216 COLLABORATION Grant recipients are requested to bei involved in the Colorado Outdoor Partnership (CO-OP) and Regional Partnership Initiative (RPI), including: Annual attendance at the Outdoor Partnership Summit. participation in quarterly CO-OP meetings. participation in monthly RPI Leads meetings. Consistent interaction with CPW and members of the CO-OP and recommended Collaboration and communication with other Regional Partnerships including CPW reserves the right to discontinue, modify or withhold any payments to be made under this grant award or to require a total or partial refund of any grant funds if such action is necessary. Conditions for grant termination include but are not limited to (1) not complying with the terms and conditions of the grant; (2) lacking in performance and not achieving grant results; (3) protecting the purpose, objectives, and integrity of the Colorado Outdoor Regional Partnerships Initiative. Congratulations on your successful grant application and the best of luck as you collaboratively work to solve conservation and recreation challenges! Sincerely, B4lenel Jody Kennedy Regional Partnership Program Manager Colorado Parks and' Wildlife 10.4p / Town ofDolores Resolution No R540 Series 2023 Al RESOLUTION ADOPTING Al PROCUREMENT POLICY WHEREAS, the Town of Dolores, Colorado is a statutory town incorporated under the WHEREAS, the Town ofDolores wishes to adopt a Procurement Policy to establish a fair and consistent procedure forj procurement of goods and services in order to obtain the best laws of the state ofColorado; and, value for the Town; and, WHEREAS the Town of Dolores finds that the policy attached hereto as. Exhibit 1 meets these goals and will provide guidance for Town staff when procuring goods and services for the Town. NOW, THEREFORE, BE: IT RESOLVED, by the Board ofTrustees of the Town of 1. The procurement policy attached hereto as Exhibit 1 captioned Purchasing Policy & Purchasing Card Program Requirements is hereby approved and adopted by the 2. This policy shall apply toi the procurement of all goods and services in excess of 3. This policy does not apply to the procurement of goods and services that are (a) under said threshold amount; (b) which are deemed necessary during a declared emergency or disaster; (c) nor to contracts for statutory officersincluding the Town Clerk, Marshal, Treasurer, Manager, Attorney, or Municipal Judge. Dolores, a Colorado Statutory Town, as follows: Board ofTrustees; $5,000,00 for the Town; Passed, adopted and approved June 26, 2023. THE BOARD OF TRUSTEES OF THE TOWN OF DOLORES: By: Attest: Mayor Leigh Reeves Town Clerk Tammy Neely 2 Town 6/6//2023 of Dolores Purchasing Policy & Purchasing Card Program Requirements TOWN DOLORES, CO Purchasing Policy & Purchasing Card Program Requirements Dolores, Colorado Est. 1900 3 OBJECTIVE The Town of Dolores is funded by tax dollars. As such, the Town's purchasing policies and procedures have been established to ensure that tax dollars are spent in the most economical way. The Town uses competitive means for the purchase of all products and services whenever possible; and believes in open, fair competition. The purchasing levels in this policy are subject to annual review and may be increased based on inflation and other economic factors. USE OF POLICY This policy and awards of bid provisions herein are: solely for the fiscal responsibility and benefit oft the Town of Dolores, and confer no rights, duties or entitlements to any bidders or proposers. The Town Board of the Town of Dolores, Colorado, determines the level of expenditures permitted for each Town department by adoption oft the annual budget. Approval of an annual budget for any Town department is neither a permit nor a directive to expend allocated funds. All purchases by any Town department must bej justified by a present need or a need reasonably foreseeable int the future. Purchases of goods and/or services will not be made solely because funds are available. Bidding procedures are used to provide vendors the opportunity to bid, to elicit greater vendor response, to meet Colorado statutory requirements and to promote competitive prices from. vendors fori the purchase of capital equipment and other items ofs significant monetary value. The Town Manager reserves the right to call for formal ori informal bids without regard to amount. As used herein, "bidding" shall include requests for bids, requests for proposals and/or requests for qualifications. All purchases of goods of $5,000 and over shall require formal bidding procedures unless BIDDING POLICY otherwise required by statute or Town Code. All formal bids shall be published at least two (2) times in a newspaper of general circulation in the Town. The last publication shall not be more than ten (10) days or fewer than five (5) days prior to the date seti fori the opening of bids. fn addition to publication, thei formal bid must be posted ont the Town's formal website at All requests fort formal bids shall be reviewed and approved by the Town Manager's cPRSASReN Office prior to publication. Steps to complete at formal bid: (unless otherwise stated responsibility falls on requesting 1. Develop specifications. Upon finalization oft the specifications, determine any special requirements, such as bid, performance and payment bonds; insurance; retainage; and any special requirements the requesting department may need. 2. Prepare alll bid documents required by thet formal bid and public notice. All bid documents become public information upon completion oft the bid opening. Bid department) See bonding andi insurance requirements listed below. documents shall contain the following information: Where the bidder can obtain bid documents Any costs of bid documents Bid submittal deadline Date, time and location of bid openings Any bond and/or insurance requirement Any special requirement As statement to the effect that the Town reserves the right to reject any and all bids, and to accept the bid deemed to bei the most reliable and responsible bidder 2 g General conditions Minimum specifications Bid proposal form Delivery date or completion date Period of bid validity 3. Ifany bonds, insurance or contracts are required or are waived, obtain Town Atlomey'sapproval. See bonding and insurance equirements listed 4. Department Directors will be responsible for obtaining at! least 31 bids/proposals if available. Ift three (3) bids/proposals are not obtained, valid justification must be 5. Conduct the public bid opening per the advertised bid opening date. Any bids received after the specified time will bei returned to the bidder. These bids may 6. Evaluate the bid results and determine which bid serves the Town's best interests. Ifthe recommended vendor has not submitted the low bid, provide below. provided and approved by the Town Manager. need to be opened in order to process a return bid. justification for the higher bid. 7. Prepare a Town Board report. contracts prior to the Town Board meeting. 8. Obtain Town Attorney approval on all bids requiring bonds, insurance or 9. Upon Town Board's award of bid, notify all bidders of the results, complete Purchase Requisition and forward tot the Administration Department. 10. Obtain signatures on all contracts. 11. Town Manager or Town Treasurer issues al Purchase Requisition. Bonding Requirement: Bonds shall be executed on forms prescribed or approved by the Town Manager based on review by the Town Attorney as to form and State of Colorado law. Normally, bonding should be used only on critical or complex purchasing actions. The purchaser may declare the purchasing of any standard items of commerce and services from standard trades and professions, which are not altered or customized to unique Town specifications, to be exempt from bonding requirements. Some examples of bonds are: 1.Bid Bonds: The bid bond requirement may be satisfied by receipt of a certified bank check or al bid bond. Thel bid security is submitted as guarantee thati thel bid will ber maintained ini fulli force and effect for a period of thirly (30) calendar days after the opening of bids or as specified in the solicitation documents. If the suppler/contractor fails to provide the bid security with the bid, the bid shall be deemed non-responsive. The bid bond should be in an amount equal to at least 2. Performance Bonds: A performance bond, satisfactory to the Town, may be required for all contracts awarded in excess of $50,000. The performance bond shall be in amount equal to one hundred percent (100%) oft the price specified in the contract, or any other higher amount determined by the Town Manager to be 3. Payment Bonds: A payment bond for the protection of all persons supplying labor and material to the contractor or its subcontractors may be required for all 10% of the vendor's bid price. int the best interest of the Town. 3 contracts awarded in excess of $50,000. The payment bond shall be in an amount equal to at least one hundred percent (100%) oft the price specified int the contract or any other higher amount determined by the Town Manager to be in thel besti interest of the Town. Insurance Requirement: Allb bids shall require the contractor to provide certificates of insurance with the Town named as additional insured, fori thet following insurance coverages and amounts: General Liability $1,000,000 each occurrence $2,000,000 general aggregate Automobiles $1,000,000 combined single limit Additional Considerations: In addition tot the bid amount, additional factors will be considered as an integral part of - The bidder's ability, capacity and skill to perform within the specified time limits - The bidder's experience, reputation, efficiency, judgment, and integrity The quality, availability, and adaptability oft the supplies or materials bid - Sufficiency of bidder's financial resources to fulfill the contract Bidder's ability to provide future maintenance and/or service Other applicable factors as the Town determines necessary or appropriate. (Such as compatibility with existing equipment or hardware) Ifa! bid other than low bidi is recommended, the requesting department must demonstrate how the higher bid serves thel besti interests of the Town the! bid evaluation process, including, but not limited to: Bidder's past performance PURCHASING POLICY All purchases must be made with funds that have been appropriated by the Town Board for the intended purpose. Tot the greatest extent possible, purchases shall be made in accordance with funds budgeted fort that purpose. The Town Board and/or Town Administrator may, from time to time, restrict any or all budgeted purchases ift there is a shortage of available cash. Vendor quotations for materials, equipment, services, and supplies may ber rejected on the basis of Inferior quality or unacceptable delivery time. Quotes may be provided by vendors verbally, but must bet followed by written confirmation. Documentation of all written quotations shall be forwarded to the Town Treasurer, where a master file of quotations will be maintained. Its shall be the policy oft the Town of Mancos to seek a minimum of three written quotes wherever possible. These can be provided int fax or email formi from the potential vendor. Ifreasonable attempts are made by the department head to obtain quotes from vendors and is unable to obtain three quotes due to the unresponsiveness of vendors contacted or the lack of potential vendors for the product or service, this requirement may be waived by the Town Administrator, in consultation with the appropriate department head. All commonly used materials, supplies and equipment will be standardized as much as possible for better prices through quantity (bulk) purchase of fewer varieties of material and to increase proficiency int the Town evaluation of product performance. Selection of specific products that have been rated high in product performance evaluations may be classified as best buy. Sole Source Purchases: Iti is the policy oft the Town of Dolores to recognize and solicit quotes. Sole source purchases may be made ifit has been determined that there is only one good or service that can reasonably meet the need and there is only one vendor who can provide the good or service. These purchases should be used ifiti is in the best interest of the Town. 4 Local Vendor Preference: To encourage purchasing within the Town of Dolores, iti is the policy oft the Town of Dolores to recognize and solicit quotes from local vendors. Whenever such local sources exist and are competitive, purchases may be made from local vendors; however all purchasing ordinances and policies as well as any other Town award factors still apply. To be considered within this policy, local vendors must have a current valid business registration or sales tax license on file with the Inan event where itr may be prohibited as a condition of any grant, or violation of law, the local Town of Kersey. vendor preference may not be applied. Purchases During Emergency or Disaster Conditions: Int the event of local disaster declared by the Town pursuant to C.R.S. (Section 24-32-2109), the Town shall comply with this Purchasing Policy to the extent practicable. Purchase orders, requisition forms, and other forms required herein for the purpose of authorizing and acquiring goods or services necessary for the immediate preservation of health and safety may be ratified after acquisition when a delay in acquiring the goods or services will cause immediate risk to health and safety. Goods and services necessary for the immediate preservation of health and safety during the event of al local disaster shall not require compliance with bidding or advertising requirements set forth in this Policy, and may be awarded on a sole-source basis. Non-Budgeted Purchases: Treasurer, and Manager. Employee Reimbursements Any non-budgeted purchase over $500 shall receive prior approval from the department head, Town Employees may be reimbursed for out of pocket expenses via check with an approved' "Request for Reimbursement" Generally, employees should not payout of pocket for expenses, but should utilize Town accounts established with vendors for supplies and services wherever possible. PURCHASING CARD PROGRAM The purpose oft the Purchasing Card Program is to streamline and simplify the requisitioning, purchasing and payment process for small dollar transactions. The Program is designed to shorten the approval process and reduce the paperwork of procurement procedures such as purchase orders, petty cash, check requests and expense reimbursements. The goal of the Program is to: Reduce the cost of processing small dollar purchases Receive faster delivery ofr required merchandise Simplify the payment process Card Issuance: The cardholder will complete a cardholder application form, which will then be signed by the supervisor and the Town Treasurer or designee. By signing the application form, the cardholder agrees to adhere to the guidelines established in the Cardholder Agreement. The cardholder is the only person entitled to use the card and the card is not to be used for personal use. Use of the card for personal use may result in discipline up to and including termination. As each purchasing card is linked to a specific cost center andi individual employee, the card cannot be transferred from one employee to another. 5 Limitations and Restrictions: There are different credit limits to each card. There also is a single transaction limit placed on the card, which means the card willl be declined ift the cardholder attempts to purchase more than this set amount at one time. A purchase may not be split to avoid the single transaction limit. All requests for changes in limitations and restrictions must be made through the cardholders supervisor to the Town Treasurer. Unauthorized Purchases: Items for personal use Fuel for personal vehicle Leased equipment Any single transaction exceeding' transaction limits Items requiring a requisition and purchase order Dividing an order to satisfy authorized transaction limits Purchase or travel outside oft the United States Lost or Stolen Cards: Keep the Purchasing Card in a secure location. It needs to be accessible only to the cardholder. If the Purchasing Card is lost or stolen, notify the Town Treasurer immediately at 970-880-7720. The Town Treasurer willi follow up through written notice of thel lost or stolen card. Only through both the verbal and written notice is the liability for unauthorized purchases reduced for the Town of Dolores. Should the Town Treasurer not be available, itis the responsibility of the card holder to immediately contact the issuing company to report the loss. Reconcilement and Payment: The Town Treasurer or Town Manager will audit your receipts with the statement and Cardholders are to review the monthly statement of account for accuracy, including transactions, Charges will be expended to the cardholder's department by the Town Treasurer using the account authorize the payment and the accounting codes. amounts, and provide accounting codes. Disputed or Fraudulent Charges: information on the statement provided by the cardholder. Ifthere is a discrepancy between the records and the statement, thei issue needs to be addressed immediately. Depending on thei type of discrepancy, the cardholder will need to contact either the merchant or your Department Manager to resolve the disputed transaction. Ifthe cardholder believes the merchant has charged the account incorrectly or there is an outstanding quality or service issue, the first contact shall be with the merchant to try tor resolve the error or problem. Ift the matter is resolved directly with the merchant, and the error involves an overcharge, a credit adjustment should be requested and to appear on the next statement. Ifthe merchant disagrees that an adjustmenti is necessary, the cardholder should immediately contact the Department Director who will work to resolve the dispute. Ift the dispute is not resolved tot the cardholder's satisfaction, andi the cardholder believes that he or she has been unfairly treated by the merchant, the cardholder must notify the supervisor with the relevant Any fraudulent charge, i.e., a charge appearing that was not authorized, must be reported immediately tot the Town Treasurer. Prompt reporting of any such charge willl help to prevent details. the Town from being held responsible. 6 Sales and Use Tax: Dolores for the taxes paid. Loss of Privileges: The Town of Dolores is tax exempt. The sales tax exemption number may be printed on the front of the card. If youl happen to pay tax on aj purchase, you will be responsible to reimburse the Town of Failure to comply with the requirements of the User Manual will result in immediate revocation of the Purchasing Card privileges. Privileges can be restored one time only after a six-month waiting period following the loss of privileges. The restoration of privileges must be requested by the department director and will require a new Purchasing Card User Agreement. Any subsequent loss of privileges may be permanent. ACCOUNTING POLICY The Town will review its accounting system on an annual basis and make recommendations fori the improvement or adjustment of the system. An annual audit willl be performed by ani independent certified public accounting firm, which will issue general purpose financial statements and bond representations. Full disclosure will bey provided ini the annual financial statements and bond representations. Treasurer/Finance Manager will provide the board with a Treasurer's Report on a monthly basis in order to provide an update on the Town's financial status. REVENUE POLICY The Town will maintain al budgetary control system to help it adhere to the budget. The Town Treasurer will prepare monthly status reports comparing actual revenues and expenditures to budgeted amounts. The Town will strive to pay prevailing market rates of pay to its employees. Prevailing market rate is defined to include both salary andi fringe benefits. The Town should not incur an operating deficit. Revenues and beginning fund balance should always be greater than expenditures. The Town will pay for all operational expenditures with current revenues and availabie Fund 7