The Estes Parkian is laboring overtime on Town ordinances for the blog and it dawned on us that this Chamber thing is a very good example and the perfect place to start.
Neither the Chamber nor the Town seems interested in educating the rest of the community as to their goings on. The Chamber would prefere the community not know they are selling out and are falling in line with town dictates (witness the political and mayoral dictates written in their agreement). The Chamber board president Lois Smith swore the board to silence concerning the contents on their negotiation with the Town. We swore not to reveal sources.
Last Friday one of the Chamber board members, Paul Fishman, droned on and on in a published letter to the editor about how we all must go alone to get along, who cares if the Town follows the law as long as we get along. Speaking for the Chamber board of directors he appeared bent on blaming the Chamber inability to come to agreement with the town on a Chamber member, that the current Chamber board, according to his letter to the editor, is not capable of representing the business community. Honestly I am not making this up.
The following is the agreement the Chamber board is salivating to sign:
AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of _____________ 2006, by and between the ESTES PARK CHAMBER OF COMMERCE, a Colorado Non-Profit Corporation, hereinafter referred to as "the Chamber", and the TOWN OF ESTES PARK, a Colorado Municipality, hereinafter referred to as "the Town".
WITNESSETH
WHEREAS, the Chamber is engaged in coordinating activities and services to promote and assist its member businesses and individuals and the act as a business advocate for its member businesses; and
WHEREAS, the Town provides advertising, marketing, sales, special events and conference center activities through its Estes Park Convention and Visitors Bureau (EPCVB); and
WHEREAS, the Chamber is one of the Appellants in the Colorado Court of Appeals Case No. 06CA953; and
WHEREAS, the parties have determined that resolving the current legal dispute in the above referenced legal action by stipulating to the dismissal of said legal action is in the best interest of both parties in order to use their respective resources for the enhancement of the economic development of the Town and the Estes Valley and provide the needed business service support of individual businesses located therein; and
WHEREAS, the parties have agreed to execute this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE RECITALS AND THE MUTUAL COVENANTS AND PROVISIONS AND AGREEMENTS CONTAINED HEREIN, IT IS MUTUALLY AGREED AS FOLLOWS:
1. The Chamber agrees to obtain the agreement to and the signature of the other Appellants in the Colorado Court of Appeals case, namely, Norm and Dee Pritchard, individually and d/b/a Black Dog Inn, a Colorado sole proprietorship; and Baldpate Inn, Ltd., a Colorado corporation, on the Stipulation of Dismissal With Prejudice. The execution of the Stipulation of these Appellants shall occur within ten (10) days of the date of execution of this Agreement by the parties hereto. Upon receipt of the executed Stipulation from the Chamber, the Town agrees to execute the Stipulation and forward the Stipulation to the Colorado Court of Appeals. In the event the execution of the Stipulation by both of the other two Appellants is not obtained within said ten (10) day period, this Agreement shall be null and void and of no force and effect.
2. Upon execution of this Agreement by the Town and the Chamber but prior to the filing of the Stipulation and entry of an order of dismissal of the case by the Colorado Court of Appeals, the Town will pay up to $1,500 to the Chamber to assist in the production of the new “business kit” notebooks. The Town will also assist in developing an electronic version that can be emailed to interested parties.
3. Upon execution of the Stipulation for Dismissal With Prejudice of the Colorado Court of Appeal case by all parties to the case and the entry of an Order of Dismissal With Prejudice of the appeal by the Colorado Court of Appeals, the Town agrees as follows:
a. The Chamber may nominate and the Mayor may appoint one (1) Chamber member to the EPCVB Policy Advisory Board, and one (1) Chamber member to the Advertising Policy Advisory Committee. However, the Mayor reserves the right to reject any nominee if he deems appointment of said person to be contrary to the Town’s interests.
b. The Town will assist the Chamber with operating expenses by paying each year to the Chamber an amount equal to 2.5% of that year’s annual revenues received by the Town from the purchase of General Business Licenses ($6,065 based upon 2006 year-end estimates) of the Town.
c. Beginning in 2007, the Town will assist the Chamber with advertising and sponsorship of Chamber special events. Advertising assistance will be provided by EPCVB staff based upon a written summary of events provided by the Chamber. Sponsorships for events will be provided up to $5,000 annually. Sponsorships will be subject to approval by the Community Development Committee of the concepts submitted. Each event is expected to generate its own support in an escalating fashion such that by 2009 the Town is no longer contributing to the event. The Chamber will develop new event concepts annually in order to receive the same level of funding.
d. The Town will co-sponsor business-to-business seminar topics with the Chamber up to $1,500 starting in 2007 and declining over the three-year period. The Town will contribute up to $500 per seminar. At the end of 2009, the Town will then co-sponsor mutually beneficial seminars on a case-by-case basis.
e. The Town will become a member of the Chamber if the fee is reasonable.
f. Discussions between the parties relative to Website operations, fulfillment material development and distribution and lead generation and distribution shall be addressed via the EPCVB Policy Advisory Board.
4. The parties understand and agree that the Town, through the EPCVB, is the appropriate party to advertise and market the Town and the Estes Valley and provide for special events and conference center activities.
5. The parties agree that the Chamber is the appropriate party to provide business service to its member businesses and be the business advocate for said businesses in the Estes Valley.
6. Term of the Agreement. Subject to the provisions of Paragraph 2 above, this Agreement shall be for a period of three (3) years, beginning on its effective date through December 31, 2009 unless terminated by either party pursuant to Paragraph 8 hereafter.
7. Termination of the Agreement. Either party may terminate this Agreement by written notice to the other party on or before December 1 of each calendar year, with such termination effective on December 31 of said calendar year.
8. Appropriation. To the extent this Agreement constitutes a multiple fiscal year debt or financial obligation of the Town, it shall be subject to annual appropriation by the Town as required by the Colorado Statutes and Article X, Section 20 of the Colorado Constitution. The Town shall not have any obligation to continue this Agreement in any fiscal year in which no such appropriation is made.
9. All notices, demands or other documents required or desired to be given, made or sent to either party, under this Agreement, shall be made in writing, shall be deemed effective upon mailing or personal delivery. If mailed, said notice shall be mailed, postage pre-paid, certified mail, return receipt requested as follows:
Town of Estes Park
Attention: Town Administrator
P O Box 1200
Estes Park, Colorado 80517
Estes Park Chamber of Commerce
Attention:
Estes Park, Colorado 80517
10. Default and Remedies. In the event of default under this Agreement by either party, the non-defaulting party shall give the defaulting party written notice of said default with thirty (30) days after the date of the notice to cure said default. In the event the defaulting party does not cure the default, for any reason, the non-defaulting party shall be entitled to all remedies available at law or in equity, plus any attorney’s fees and costs incurred arising from a default of this Agreement.
11. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and venue shall be in the County of Larimer, State of Colorado.
12. Construction. This Agreement shall be construed according to its fair meaning and as if it were prepared by both of the parties hereto and it shall be deemed to contain the entire agreement of the parties relating to the subject matter hereof and, except as provided herein, may not be modified or amended except by written agreement of the parties.
13. Assignability. Neither party shall assign this Agreement without the other party’s prior written consent.
14. Binding Effect. This Agreement shall be binding upon, inure to the benefit of, the parties hereto and their respective successors and, to the extent permitted, assigns.
15. Third Party Beneficiaries. No rights created in favor of either of the parties hereto shall be construed as benefiting any other person or entity that is not a party to this Agreement.
16. Severability. If any provision of this Agreement is held to be illegal, invalid or unenforceable, in whole or in part, such provision shall be fully severable and this Agreement shall be construed and enforced and shall not be affected by the illegal, invalid or unenforceable provision by the severance of such provision from this Agreement.
17. Authority. The persons executing this Agreement on behalf of either party have the authority to bind their respective party to the terms of this Agreement.
ESTES PARK CHAMBER OF COMMERCE
By:___________________________________
ATTEST:
_____________________________
THE TOWN OF ESTES PARK
By:_____________________________
Mayor
ATTEST:
______________________________
Town Clerk
We searched through all of the town ordinances and could not find a single one that pertains to advertising, marketing, or visitor services, not one. So why would the Mayor invest so heavily in a department not supported by town ordinance? Politics?
We recently received a mayoral memo going back to 2003, this memo from the mayor to the trustees goes into detail on how the mayor decided “he” should be the Chamber of Commerce not the business community. Honestly I’m not making this up. From what we are seeing the mayor has his hands full just keeping the sidewalks clean, which he can not seem to accomplish and seeing the (town law) ordinances are enforced, which he can’t seem to accomplish either.
To sum this up the Mayor decided in 2003 to do away with the Chamber and he has chipped away at it for quite some time now. All that Fulfillment Task Force negotiating yada – yada - yada was nothing but political bullshit from the town master fertilizer spreader mayor Baudick, to, and I quote the mayor here “deal with the Chamber problem”.
Refer to this line in the proposed agreement: The parties understand and agree that the Town, through the EPCVB, is the appropriate party to advertise and market the Town and the Estes Valley and provide for special events and conference center activities.
This town is a statutory town the rules of town operations are dictated by the state legislature not the Mayor not Greg White or the Chamber of Commerce. The mayor is attempting to create powers for himself in the back room. Shame , shame , shame. The mayor is trying to accomplish administratively, in the back room, under the cover of darkness, out of the sight of the towns people, powers and authorities that are only legally bestowed legislatively.
Why would the Mayor need the legal blessing from the Chamber for crying out loud?
Why does the Mayor need a written contractual act of contrition?
Seems to me the town would desire a result for the court of appeals to validate the fine legal guidance offer up by Greg White (tongue in cheek), not some last minute back door buy off.
God forbid this legal action should be heard by the State appeals court, the only oversight your trustees have. Yes indeed this is an expensive and time consuming process to be sure. When your elected officials ignore Colorado State laws, that exist for our protection, what is a mere mortal to do? Go before the trustees and receive a tongue lashing from the Mayor? You elected me bla bla bla and hiring my son is beneficial for the town bla bla bla, what do you mean hiring my wife is a conflict?
Your trustees are not legally responsible to you the citizens who elect them, they are only subjugated to the State of Colorado. Anytime the mayor decides to restructure the laws of Colorado the only alternative you have is to hire an attorney and go to court. Please reference the resent Stanley Hotel lawsuit. When the Mayor pulls some crap it effects real people and real peoples lives. Its okay to fight back against corruption, honest.
Concerning the advertising and marketing the advantages of Estes Park.
Why not create a detailed ordinance mandating the towns advertising and marketing activities in the same manner the police department is mandated through ordinance, after all the police and fire department and the CVB all compete for the same pot of moneys to do their respective jobs? Currently there is no guideline to the towns advertising and marketing, are they mandated to only stimulate summer activities or activities 360 days out of the year? How is effectiveness measured? Where is it written? It seems the Towns volunteer advertising and marketing efforts can go away at the snap of a mayoral finger; the Town is not liable for any results or methodology. Is it even necessary? It seems to me businesses are going out of business in mass even with the expenditure of all that money. People will come to visit the park, advertising our not.
Now, the essence of what the appeals court will decide is simply this, can the mayor accomplish whatever he wants by declaring his act to be administrative? If so then he can eliminate any and all oversight to his activities, effectively making every card in the deck a wild card. No checks and balances, no public oversight when spending your money, pretty nice gig.
I find it odd that no one wants the boss (State of Colorado) to make a decision here. The new board of the Chamber wants to follow the dictates of the Mayor and go away.
The town trustees want to create their own Colorado laws.
After all what could some panel of fifteen appellate judges in Denver know about Colorado Law?
Comments? estesparkian@yahoo.com
