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HomeMy WebLinkAboutPACKET Town Board 2020-06-09 Prepared 05-29-2020 'Revised 06-05-2020 1 T��N o� E�ST ES I'AI�I� The Mission of the Town of Estes Park is to provide high-quality, reliable services for the benefit of our citizens, guests, and employees, while being good stewards of public resources and our natural setting. The Town of Estes Park will make reasonab/e accommodations for access to Town services, programs, and activities and special communication arrangements for persons with disabilities. Please call(970)577-4777. TDD available. BOARD OF TRUSTEES —TOWN OF ESTES PARK TO BE HELD VIRTUALLY Tuesdav, June 9, 2020 7:00 p.m. Board Room — 170 MacGregor Avenue Estes Park, CO 80517 The Town Board of Trustees will participate in the meeting remotely due to the Declaration of Emergency signed by Town Administrator Machalek on March 19, 2020 related to COVID-19 and provided for with the adoption of Ordinance 04-20 on March 18, 2020. Procedures for quasi-judicial virtual public hearings are established through Emergency Rule 06-20 signed by Town Administrator Machalek on May 8, 2020 and outlined below. ADVANCED PUBLIC COMMENT Options for the Public to Provide Public Input: 1. Bv Public Comment Form: Members of the public may provide written public comment on a specific agenda item by completing the Public Comment form found at . The form must be submitted by 12:00 p.m., Tuesday,June 9,2020. All comments will be provided to the Board for consideration during the agenda item and added to the final packet. 2. Bv Telephone Messaae: Members of the public may provide public comment or comment on a specific agenda item by calling (970) 577-4777. The calls must be received by 12:00 p.m., Tuesday, June 9,2020.All calls will be transcribed and provided to the Board for consideration during the agenda item and added to the final packet. PUBLIC PARTICIPATION DURING BOARD MEETING Options for participation in the meeting will be available by call-in telephone option or online via Zoom Webinar which will be facilitated by the Town Clerk's Office. CALL-IN (TELEPHONE OPTION): Dial public participation phone number, Enter the Meeting ID for the June 9, 2020 meeting: � : •� � �- � followed by the pound sign (#). The meeting will be available beginning at 6:30 p.m. the day of the meeting. Please call into the meeting prior to 7:00 p.m., if possible.You can also find this information for participating by phone on the website at www.estes.org/boardsandmeetinqs by clicking on "Virtual Town Board Meeting Participation". Request to Speak: For public comment,the Mayor will ask attendees to indicate if they would like to speak—phone participants will need to press*9 to"raise hand". Staff will be moderating the Zoom session to ensure all participants have an opportunity to address the Board. Once you are announced by phone: • You will experience a short delay prior to re-connecting with the ability to speak. • State your name and address for the record. • DO NOT watch/stream the meeting at the same time due to streaming delay and possible audio interference. (Instructions continued on page 2,Agenda begins on page 2) 1 1 PUBLIC PARTICIPATION (ONLINE): Individuals who wish to address the Board via virtual public participation can do so through Zoom Webinar at https//zoom.us/i//98216902040 — Zoom Webinar ID: Pt:y�i:�:i�a+4iLiu. The Zoom Webinar link and instructions are also available at www.estes.orq/boardsandmeetinqs by clicking on "Virtual Town Board Meeting Participation". Individuals participating in the Zoom session should also watch the meeting through that site, and not via the website, due to the streaming delay and possible audio interference. Start Time: The Zoom Webinar will be available beginning at 6:30 p.m. on the day of the meeting. Participants wanting to ensure their equipment setup is working should join prior to the start of the meeting at 7:00 p.m. Request to Speak: For public comments, the Mayor will ask attendees to click the "Raise Hand" button to indicate you would like to speak at that time. Staff will moderate the Zoom session to ensure all participants have an opportunity to address the Board. • You will experience a short delay prior to re-connecting with the ability to speak. • State your name and address for the record. In order to participate,you must: • Have an internet-enabled smartphone, laptop or computer. o Using earphones with a microphone will greatly improve your audio experience. • Join the Zoom Webinar. o The link is available on the website at www.estes.orq/boardsandmeetinqs by clicking on "Virtual Town Board Meeting Participation". • Click"Participate Virtually in the Regular Town Board Meeting of the Board of Trustees". • Please remember do not watch/stream the meeting via the website at the same time due to delays and possible feedback issues. WATCH THE MEETING: The Town Board meetings will be livestreamed at www.estes.orq/videos and will be posted within 48 hours of the meeting at the same location. Documents to Share: If individuals wish to present a document or presentation to the Board, material must be emailed by Monday, June 8, 2020 by 8:00 a.m. to the Town Clerk's office at townclerk@estes.org. Prepared 05-29-2020 *Revised 06-05-2020 AGENDA BOARD OF TRUSTEES—TOWN OF ESTES PARK Tuesday. June 9. 2020 7:00 p.m. Board Room— 170 MacGregor Avenue PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). AGENDA APPROVAL. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS/LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. CONSENT AGENDA: 1. Bills. 2. Town Board Minutes dated May 26, 2020. 3. Estes Park Board of Adjustment Minutes dated March 3,2020(acknowledgement only). NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 2 2 4. Updated Terms for Appointments to the Estes Park Housing Authority originally approved by the Town Board on April 28, 2020: • Eric Blackhurst, 5-year term beginning May 1, 2020 and expiring on April 30, 2025. • Dan Centurione, 5-year beginning November 1, 2020 and expiring on October 31, 2025. 5. Resolution 31-20 Electric Rate Public Hearing Reschedule to August 25, 2020. 6. Policy 101 Division of Responsibilities — Revise to Remove the Larimer County Open Space Appointment. ACTION ITEMS: 1. RESOLUTION 32-20 AGREEMENT FOR FEDERAL TRANSIT ADMINISTRATION CARES ACT FUNDING TO SUPPORT ESTES TRANSIT. Manager Solesbee. 2. ORDINANCE 09-20 AMENDED WATER RATE SHEET FOR PARK ENTRANCE MUTUAL PIPELINE WATER COMPANY LOAN REPAYMENT. Director Bergsten. %� REQUEST TO ENTER INTO EXECUTIVE SESSION: For a conference with an attorney for the Board for the purposes of receiving legal advice on specific legal questions-Section 24-6-402(4}(b}, C.RS.—Development Code Procedures. ADJOURN. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 3 3 ` ` �� ♦ O �` �� � � � a �� � � � � 4 4 General Public Comment added 06-09-2020 Hello Board Members: Estes Park I am proposing a resolution to Ban all Air6NB , VRBO and Vacation rentals within the town of Estes Park. We have several property owners who continue to operate their rental business without consideration for full time residents in the community. On June 7th, we had a large number of vacationers congregate at one particular rental just two houses down. They had well over 10 guests at the house.. 6 in the Hot Tub and another 4-5 people and children. They were playing loud Rap and Hip hop music. I called non-emergency police to intervene. I did not want top approach the premises and request them top observe noise ordinances. Our community is tightly knit and everyone knows one another. We are perhaps the youngest family here .Most of the the residents are in their 70's plus. We are 40's/50's with one teen. I am requesting a proposition to Ban all AirBNB for several reasons as noted below: 1. Renting short term rentals degrades the community in appearance. Most of the airbnb homes are not cared for and properly maintained. 2. Guests are typically Not from the community . And as such they do not have respect for other neighbors as far as boisterous drinking activities and loud music. 3. Airbnb takes away the business from actual hotels/motels . Airbnb/Vrbo are strictly regulated , perhaps little regulation at all. 4. Covid 19 exposure is a greater risk for elderly in our community. Many of these airbnb guests are coming from cities with higher rates of infection. Possible cross contamination is very likely. 5. Vacation rentals makes it difficult to house people who work in our town , who may not have home ownership. and who commute long distances. ie. Volunteers from the National Park who cannot commute . RMNP is operating at 50% staff for this very reason. Overall Vacation rentals do not support a younger generation community . Our aging population requires services and staff of ;people who can no longer afford to live in Estes Park. I do hope Larimer county will consider this proposal as a wide consensus view from many of the members of this community who are often silent . The purpose of the message is to let our voices be known. BAN all AirBNB, VRBO and Vacation rentals. SINCERELY, DR WILLIAM J OSHAUGHNESSY, 3 970-231-9525 TEAMGIOVANNI@ME.COM 5 ` ` �� ♦ O �` �� � � � a �� � � � � 6 Town of Estes Park, Larimer County, Colorado, May 26, 2020 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall and Virtually in said Town of Estes Park on the 26th day of May, 2020. Present: Wendy Koenig, Mayor Patrick Martchink, Mayor Pro Tem Trustees Carlie Bangs Marie Cenac Barbara MacAlpine Cindy Younglund Ken Zornes Also Present: Travis Machalek, Town Administrator Jason Damweber, Assistant Town Administrator Dan Kramer, Town Attorney Jackie Williamson, Town Clerk Absent: None , Mayor Koenig called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. AGENDA APPROVAL. It was moved and seconded (Zornes/Younglund) to approve the Agenda, and it passed unanimously. PUBLIC COMMENTS. Any public comment for the meeting was provided by email or transcribed voice messages through the Town Clerk's office and added to the final packet. TRUSTEE COMMENTS. Trustee MacAlpine stated she attended her first Estes Park Planning Commission meeting and was impressed by the new Commission and its members. Trustee Younglund commented she held a meeting with the Police Auxiliary to discuss her new liaison role with the group. Trustee Martchink requested the Board consider allowing individuals to have open containers of alcohol in the downtown area. Board consensus was to direct staff to look at the options. TOWN ADMINISTRATOR REPORT. Town Administrator Machalek requested the Board consider scheduling Study Session items as follows: a quarterly update on Broadband on June 23, Stay Healthy Streets Pilot program on June 9, a discussion with the Estes Park Housing Authority regarding their Peak View housing project on June 9, and a review of potential edits to Agenda Policy 105 on June 9. The Board agreed to schedule all items as outlined. 1. CONSENT AGENDA: 1. Bills. 2. Town Board Minutes dated May 12, 2020 and Study Session Minutes dated May 12, 2020. 3. Estes Valley Planning Commission Minutes dated February 18,2020 and February 25, 2020 and Study Session Minutes dated February 18, 2020(acknowledgement only. 5 7 Board of Trustees—May 26,2020—Page 2 4. Transportation Advisory Board Minutes dated February 19, 2020 (acknowledgement only). 5. Resolution 29-20 Ratifying Amendment to the Community Relief Fund Agreement with Estes Park Economic Development Corporation and Estes Chamber of Commerce. It was moved and seconded (Cenac/Zornes)to approve the Consent Agenda, and it passed unanimously. 2. LIQUOR ITEMS: 1. NEW HOTEL AND RESTAURANT LIQUOR LICENSE FILED BY SUNNY ACRE CORPORATION DBA THE EGG OF ESTES,393 E ELKHORN AVENUE, ESTES PARK, CO 80517. Town Clerk Williamson reviewed the application for a new Hotel and Restaurant liquor license. The applicant submitted a concurrent application with the State. She stated all paperwork and fees had been submitted. The applicant completed T.I.P.S. training in March. It was moved and seconded (Younglund/MacAlpine)to approve a Hotel and Restaurant Liquor License for Sunny Acre Corporation dba The Egg of Estes, 393 E. Elkhorn Avenue, and it passed unanimously. 3. ACTION ITEMS: 1. RESOLUTION 30-20 ESTES PARK WOMEN'S MONUMENT. The year 2020 marks the centennial anniversary of the formation of the League of Women Voters and the first public elections where women were permitted to vote. The Public Work's staff recommended the placement of a monument honoring the historic women in Bond Park or along the Riverwalk between Children's playground at 220 East Elkhorn Avenue. A citizen lead initiative would raise the funds, design, fabricate and erect the monument. Public Works would maintain the bronze at an estimated annual cost of$250. Trustee Martchink/Parks Advisory Board liaison commended the Parks Advisory Board, especially Ron Wilcocks, for bringing the idea forward and to fruition. It was moved and seconded (Zornes/Martchink)to approve Resolution 30-20, and it passed unanimously. 2. EMERGENCY ORDINANCE 08-20 AMENDING EMERGENCY ORDINANCE 07- 20 REGARDING EATING AND DRINKING. Tom Gonzales/Larimer County Health and Environment Director provided the Board with an update on the COVID-19 pandemic in Larimer County. He stated the number of cases was down to 12; the County received partial approval from the State of its variance request; day camps can reopen as of June 1; restaurants can reopen for dine in service at 30% occupancy; wineries, taprooms, breweries, etc. could reopen with food service required; Air BNBs could reopen so long as they meet the checklist requirements; and the County continues to work on childcare facilities to increase their capacity from a maximum of ten children, which is needed as individuals return to the workforce. Board comments and questions have been summarized:questioned if areas which have opened up have seen a surge; questioned if a group of employees can be tested weekly to determine a possible surge as the Town opens up; questioned how the Town would be notified if a visitor becomes ill after a visit to Town; questioned who completes contact tracing; questioned the reliability of the tests; how could Estes Park receive additional antibody tests;questioned if face covering provide protection and are they valuable; can COVID-19 be transmitted outdoors; the Board should consider amending its current face covering ordinance to encourage individuals that cannot maintain social distancing rather than require them to provide a friendlier approach to the situation; the Board has received a number of concerns from employees on the need to eat and drink during the day which requires the removal of a mask; questioned how the County and Town ordinances are substantially different; and the Board discussed the need for consistency with the County to eliminate confusion by visitors. 6 8 Board of Trustees—May 26,2020—Page 3 Director Gonzales responded to Board questions and stated hotspots have been seen in areas which opened up prior to Larimer County. He reaffirmed the need to be vigilant in distancing, handwashing and wearing of face coverings. Social distancing continues to be the best method of protection; however,face coverings have proven to be very effective when social distancing cannot be maintained. Other state health departments would notify the State of Colorado if contact tracing determines the individual had visited the state and Estes Park prior to becoming ill. COVID-19 can be transmitted outdoors especially in drier environments,as the droplets remain airborne longer. The condition that employees wear a mask only applies to areas where the employees are interacting with the public. The County's ordinance recommends face covering when social distancing cannot be maintained rather than require them at all times outdoors as stated in the Town's ordinance for the Commercial Downtown—CD zoning district. Police Chief Kufeld stated there continues to be a lot of confusion on the streets as officers make contact with individuals. He confirmed enforcement would be easier to address if the Town followed the recommendations of the Larimer County Health and Environment,and he would support the continued education of visitors. It was moved and seconded (Cenac/Bangs)to direct the Town Administrator to issue an Emergency Order modifying Emergency Ordinance 07-20 to bring the Town in line with the Larimer County Ordinance for the use of face coverings in the interior of businesses, and it passed unanimously. It was moved and seconded (Cenac/Martchink) to direct the Town Administrator and the Town Attorney to modify Emergency Ordinance 07-20 to bring the Town in line with the Larimer County Ordinance for the use of face coverings outdoors, and it passed with Mayor Koenig and Trustees MacAlpine and Younglund voting "No". 4. REPORTS AND DISCUSSION ITEMS: 1. 2020 ESTES TRANSIT SERVICE UPDATE AND OPTIONS. Manager Solesbee provided the Board with an update to the transit program to address the COVID- 19 pandemic, including a delayed start with an operation schedule July 1 —October 4 with five routes, reduced capacity seating to allow distance, require face coverings, driver protection barrier, hand sanitizing stations, self-service disinfectant wipes available on the buses, and daily deep cleaning. She reviewed the value of transit in Estes Park which provides service to locals,workers,guests, aids in reduction in congestions and emissions and provides jobs. Staff presented the Board with additional options for the 2020 season to include the elimination of the service in 2020, further reduction of services, or only run the Red route downtown. A survey was conducted to provide the Board with information on the transit system for 2020 with 146 respondents, 90% local respondents, and 53% not likely to ride. 2. LARIMER COUNTY/STATE REGULATION ADVOCACY. Town Administrator Machalek stated the Town lacks a process for advocacy issues, as was highlighted recently during the COVID-19 pandemic. Staff brought the issue forward to determine if the Board had a desire to develop a process, and if so, would it be limited to COVID-19 items or a comprehensive policy to address town wide issues. Board discussion followed and has been summarized: the Board questioned if other communities have advocacy policies to address COVID- 19; advocacy should be on a case-by-case basis in order to remain nonpartisan; the issue has merit but should wait due to the need for staff to focus on pandemic related issues; and the Board could still direct staff to right a letter of support, advocate for an issue, etc. without a formal policy. The Board consensus was to table the item and consider it at a later date. Whereupon Mayor Koenig adjourned the meeting at 9:40 p.m. 7 9 Board of Trustees—May 26,2020—Page 4 Wendy Koenig, Mayor Jackie Williamson, Town Clerk 8 10 RECORD OF PROCEEDINGS Estes Valley Board of Adjustment March 3, 2020, 9:00 a.m. Room 202, Estes Park Town Hall Board: Chair Jeff Moreau, Vice-Chair John Lynch, Members Rex Poggenpohl, Wayne Newsom, Joe Holtzman Attending: Moreau, Poggenpohl, Holtzman Also Attending: Director Randy Hunt, Recording Secretary Karin Swanlund Absent: Newsom, Lynch Chair Moreau called the meeting to order at 9:00 a.m. and introduced the Board Members and staff. 1. AGENDA APPROVAL It was moved and seconded (Holtzman/Poggenpohl) to approve the agenda. The motion passed 3-0. 2. PUBLIC COMMENT None 3. CONSENT AGENDA Approval of minutes dated December 3, 2019 It was moved and seconded (Poggenpohl/Holtzman) to approve the Consent Agenda. The motion passed 3-0. 4. REPORTS Director Hunt gave the current status of the IGA: April 1 transition where the Town and County will split. The Board of Adjustment and Planning Commissions will sunset and will new will be formed existing of Town residents. The Town Board passed an Amendment to the Estes Valley Development Code to become Estes Park Development Code. Larimer County will be keeping most of the current code. County Commissioners will adopt the new Development Code on Thursday, March 26, 2020, in the Town Hall Board Room. Poggenpohl suggested the new Board do something about the vast amount of nonconforming properties, perhaps making more staff-level decisions. He also suggested making the Board of Appeals a three-member board to consistent with the Board of Adjustment. There being no other business before the Board, the meeting adjourned at 9:30 a.m. Jeff Moreau, Chair Karin Swanlund, Recording Secretary 9 11 �� ` �� ♦ O �` �� � � � a �� � � � � �e 12 �stes �ar� � i� � - _ �,,�, ; � j::. .;���� _ - :i�❑ - - _'������_ �...�� �O�S�.�1 ��t�Zo�I g �'Y 20 May Z020 Ms.Jacki�Williamson,Town Clerk Town ofi Estes P�rk P.Q. Box 1200 Estes Park, CQ 8�517 Dear M5.Willia�nson: The Estes Park Ho�Fsing Authority requestecl �pprovals from the Town Trustees to support our recommendatiors to amount two new niemk�ers to our baard. During the April 2$�''Tow�� Board meeting those recommendatio��s were approved. The pur��ose of this cosnmur�ication is correct tf�e tern�s previously r�oted for eac4� ni�mL�er. • Mr. Eri�Blatkh�irst's term to begin May 2QZ0 and conclude April 2025 • Mr. Dan Centurione's term to begi€7 iUo�ember Zfl2[}anci conclude�ctober 2D25 We respectfufiy asic that the Town Trustees acce�t#hese corrected ferms for each new member. Sincer�ly, `_ 1 , 11�� �� �� Naomi M. Ha�vf Execiitive [3irector Estes Par� Nousing Authority 19 13 �� ` �� ♦ O �` �� � � � a �� � � � � �e 14 i T��N o� ESTES PARr Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Utilities Director Bergsten Date: June 9, 2020 RE: Resolution 31-20 Electric Rate Public Hearing Reschedule to August 25, 2020 (Mark all that apply) ❑ PUBLIC HEARING ❑ ORDINANCE ❑ LAND USE ❑ CONTRACT/AGREEMENT � RESOLUTION ❑ OTHER QUASI-JUDICIAL ❑ YES � NO Obiective: To ensure we generate adequate revenues to fund the continuation of high-quality, reliable electric service, we are requesting the Board set a public hearing for the proposed adoption of new electric rates. The requested hearing is at 7:00 p.m. during the August 25, 2020, Town Board meeting in the Board Room at 170 MacGregor Avenue. Present Situation: COVID 19 has increased staff workload and limited the public's ability to participate and comment. The public can continue accessing the study and proposed rate sheet through the Town's website. Proposal: Staff requests the public hearing be delayed. We recommend having the public hearing for proposed rates be held during the August 25, 2020 Town Board meeting in the Board Room at 170 MacGregor Avenue. The proposed rate change and REVISED public hearing date will be promoted in the newspaper, on social media, and in the utility message. Advantaqes: • Allows everyone to focus on our COVID 19 response. • Improves the public's ability to participate in the rate hearing 19 15 Disadvantaqes: • Delay our efforts to replace old and unreliable infrastructure; however, our present situation warrants the delay Action Recommended: Staff recommends delaying the public hearing on electric rates for the August 25, 2020 Town Board meeting to take place at 7:00 p.m. in the Board Room at 170 MacGregor Avenue. Finance/Resource Impact: Delay of capital infrastructure projects due to a reduction in revenue Level of Public Interest High; however, without this delay COVID 19 related activities will limit the public's ability to participate in the process. Sample Motion: This item is on consent. If it is removed from consent the following sample motion can be made: I move to approve/deny Resolution 31-20. Attachments: Resolution 31-20 Rate Study - LINK Rate Sheet - LINK 10 16 RESOLUTION 31-20 SETTING THE PUBLIC HEARING FOR PROPOSED CHANGES TO ELECTRIC RATES 2020-2023 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That a date be set for a public hearing regarding proposed electric rate changes for the customers of the Town of Estes Park Power and Communications Division, which will allow for a minimum 30-day notice of proposed changes. It is hereby ordered that a public hearing on said proposed electric rates for years 2020 to 2023, and thereafter unless amended, shall be August 25, 2020, during the regularly scheduled Town Board Meeting at 7:00 P.M. in the Estes Park Municipal Building at 170 MacGregor Ave. DATED this day of TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: � Town Attorney 13 17 • • • ' - • 1 1 ELECTRIC RATE STUDY - FINAL DRAFT ' Town of Estes Park, Colorado Estes Park Power and Communications � � — : �-�- � � •..e.....� - - � ��� � � `h- � �' ��'� 1 �1 �� C� �� A a .'.�.�� � - - � tr � � �.� 6/r-` ��t'��( . J� �(iV � ' ���' � / � � �;�' �,.��' ��, � �� r� �� #� �,` � r`R ��,, � =� rllll�l�� � �i t� r,��� w � �Y ,� � � \ j + �s,: � n�r t�=. i �" .: ���k��.%�a +d:_: *#.�l����,� � � � ��' Y , t'h`�,�{�'jq�'i���Ei}fpff��� � ��-•y ie,,,Fg�#�s�- � "'-.�m'�M1r�, : � \ h. \ �,� F�i � j�V'Y-Ff� 4 s� �'d�. `� . �1,� �� � ���y,� � S� II \��� � \ '. � � � S�SB�"y.� r�n. �\_ �.I I���I�I��II III�I � . .�` ,�t ��-y� �� \ � � _.�.—�y���� � *i��'� i�. � YR ��" \\ � __ aw�p�o-r .��� _ - � ' � �� .�'T'r'�r'. 3�. s,� yq•� �- � F��� . ����{.'- - _ - PREPARED BY: . . - � ' � ' & SO�UtI011S . ECONOMICS STRATEGY STAKEHOLDERS SUSTAINABILITY www.newgenstrategies.net 18 225 Union Boulevard Suite 305 � ` Lakewood, CO 80228 � + + � � [��u}��n� Phone: (120) 633-9514 . J 4 February 5, 2020 via email Mr. Reuben Bergsten Utilities Director Town of Estes Park 170 MacGregor Ave. Estes Park, CO 80517 Subject: Electric Cost of Service and Rate Design Study Dear Mr. Bergsten: NewGen Strategies & Solutions, LLC is pleased to submit the enclosed report to the Town of Estes Park conveying the analysis, conclusions, and recommendations from the conduct of a comprehensive cost of service and rate design study for the electric utility. This project could not have been completed without the assistance of the Town of Estes Park's staff for which we are very grateful. We appreciate the opportunity to assist you in this important project. Please contact me if you have any questions regarding this report. Sincerel � Y, NewGen Strategies and Solutions, LLC � Joe Mancinelli President and CEO Economics � Strategy � Stakeholders � Sustainability www.newgenstrategies.net 19 Table of Contents Section 1 PROJECT SUMMARY......................................................................................... 1-1 Introduction ..................................................................................................................1-1 Electric Utility Description.............................................................................................1-1 Projected Energy Requirements ...................................................................................1-2 Usage Characteristics by Customer Class......................................................................1-2 Financial and Rate Making Tools...................................................................................1-3 FinancialForecast...............................................................................................1-4 Cost of Service and Rate Design Process Overview......................................................1-5 Cost of Service Results ..................................................................................................1-6 RateDesign....................................................................................................................1-7 Section 2 REVENUE REQUIREMENT..................................................................................2-1 Revenue Requirement...................................................................................................2-1 Section 3 COST OF SERVICE..............................................................................................3-1 Functionalization of Revenue Requirement..................................................................3-1 Purchased Power Function.................................................................................3-1 Distribution Function..........................................................................................3-1 Customer Service Function.................................................................................3-2 Revenue Requirement by Function...............................................................................3-2 Classificationof Costs....................................................................................................3-3 Allocationof Costs.........................................................................................................3-4 Customer Class Allocation Factors......................................................................3-4 Cost of Service Results........................................................................................3-7 Cost of Service Results Compared to Current Revenue................................................3-9 Section 4 RATE DESIGN....................................................................................................4-1 RateDesign Offerings....................................................................................................4-1 RateDesign Objectives..................................................................................................4-2 Electric Rate Structure...................................................................................................4-3 RateDesign Results.......................................................................................................4-3 Residential Service (R) ........................................................................................4-3 Residential Demand Service (RD) .......................................................................4-7 Residential Energy Time-of-Day Service (RE)......................................................4-8 Residential Energy Basic Time-of-Day Service (RB) ............................................4-8 Small Commercial Service (C) .............................................................................4-9 Small Commercial Energy Time-of-Day Service (CE).........................................4-11 Large Commercial Service (CL)..........................................................................4-12 Large Commercial Time-of-Day Service (CT) ....................................................4-14 Municipal Service (M).......................................................................................4-14 Rocky Mountain National Park Administrative Housing (AH) ..........................4-15 Rocky Mountain National Park Small Administrative Service (AS)...................4-15 Rocky Mountain National Park Large Administrative Service (AL)...................4-16 '' ' & SOILIt1D1T5 Economics � Strategy � Stakeholders � Sustainability 20 Table of Contents Renewable Energy Charge ................................................................................4-16 Outdoor Area Lighting.......................................................................................4-17 Revenue Adequacy of Proposed Electric Rates...........................................................4-17 Section 5 CONCLUSIONS AND RECOMMENDATIONS........................................................5-1 Conclusions....................................................................................................................5-1 RateRecommendations................................................................................................5-1 Avoided Cost for Net Meter Customers........................................................................5-2 AMIOpt-Out Fees..........................................................................................................5-2 OtherWork Performed .................................................................................................5-3 List of Tables Table 1-1 Estimated Annual Energy Requirements.................................................................1-2 Table 1-2 2022 Summary of Projected Electric Utility Characteristics by Customer Class..............................................................................................................................1-3 Table 1-3 Comparison of 2022 Revenues Under 2019 Rates with Cost of Service Results ..........................................................................................................................1-7 Table 2-1 Revenue Requirement Development ......................................................................2-3 Table 3-1 Revenue Requirement by Function .........................................................................3-2 Table 3-2 Functionalized Revenue Requirement.....................................................................3-3 Table 3-3 Classified Revenue Requirement.............................................................................3-4 Table 3-4 Demand Allocator Comparisons..............................................................................3-5 Table 3-5 Energy Allocator Comparisons.................................................................................3-6 Table 3-6 Unbundled Cost of Service Results by Customer Class ($000) �1�.............................3-7 Table 3-7 2022 Revenue Shortfall with No Rate Increases......................................................3-9 Table 4-1 Retail Rate—Customer Class/Sub-Customer Class................................................4-2 Table 4-2 Residential Service Cost of Service, Current, and Proposed Rates..........................4-4 Table 4-3 Residential Demand Service Cost of Service, Current, and Proposed Rates ...........4-7 Table 4-4 Residential Energy Time-of-Day Service Cost of Service, Current, and ProposedRates.............................................................................................................4-8 Table 4-5 Residential Energy Basic Time-of-Day Service Cost of Service, Current, andProposed Rates......................................................................................................4-8 Table 4-6 Small Commercial Service Cost of Service, Current, and Proposed Rates...............4-9 Table 4-7 Small Commercial Energy Time-of-Day Service Cost of Service, Current, andProposed Rates....................................................................................................4-11 Table 4-8 Large Commercial Service Cost of Service, Current, and Proposed Rates.............4-12 Table 4-9 Large Commercial Time-of-Day Service Cost of Service, Current, and ProposedRates...........................................................................................................4-14 Table 4-10 Municipal Service Cost of Service, Current, and Proposed Rates........................4-15 Table 4-11 Rocky Mountain National Park Administrative Housing Service Cost of Service, Current, and Proposed Rates........................................................................4-15 Table 4-12 Rocky Mountain National Park Small Administrative Service Cost of Service, Current, and Proposed Rates........................................................................4-16 Table 4-13 Rocky Mountain National Park Large Administrative Service Cost of Service, Current, and Proposed Rates........................................................................4-16 Table 4-14 Renewable Energy Charge Cost of Service, Current, and Proposed Rates..........4-16 ii 21 Table of Contents Table 4-15 Outdoor Area Lighting Cost of Service, Current, and Proposed Rates................4-17 Table 4-16 Revenue Requirement and Projected Rate Revenue from Proposed Rates...........................................................................................................................4-17 Table 5-1 AMI Opt-out Enrollment and Monthly Fees............................................................5-2 List of Figures Figure 1-1: Financial and Cost-of-Service Tools and Relationships.........................................1-4 Figure 1-2: Financial Forecast Model Development................................................................1-4 Figure 1-3. Cost of Service Process.........................................................................................1-6 Figure 4-1. Residential Service Rate Comparison...................................................................4-5 Figure 4-2. Residential Service Billing Impacts: Percent Change in Bills from 2019 to 2022..............................................................................................................................4-6 Figure 4-3. Residential Service Billing Impacts: Dollar Change in Bills from 2019 to 2022..............................................................................................................................4-7 Figure 4-4. Small Commercial Energy Service Rate Comparison............................................4-9 Figure 4-5. Small Commercial Energy Service Billing Impacts: Percent Change in Bills from 2019 to 2022..............................................................................................4-10 Figure 4-6. Small Commercial Energy Service Billing Impacts: Dollar Change in Bills from2019 to 2022......................................................................................................4-11 Figure 4-7. Large Commercial Service Rate Comparison......................................................4-12 Figure 4-8. Large Commercial Service Billing Impacts: Percent Change in Bills from 2019 to 2022 ..............................................................................................................4-13 Figure 4-9. Large Commercial Service Billing Impacts: Dollar Change in Bills from 2019 to 2022 ..............................................................................................................4-14 Appendix A— Histograms and Cost Curves from Selected Customer Classes Figure A-1. Residential Demand Rate Comparison Figure A-2. Residential Demand Billing Impacts: Percent Change in Bills from 2019 to 2022 Figure A-3. Residential Demand Billing Impacts: Dollar Change in Bills from 2019 to 2022 Figure A-4. Residential Energy Time-of-Day Rate Comparison Figure A-5. Residential Energy Time-of-Day Billing Impacts: Percent Change in Bills from 2019 to 2022 Figure A-6. Residential Energy Time-of-Day Billing Impacts: Dollar Change in Bills from 2019 to 2022 Figure A-7. Residential Basic Energy Time-of-Day Rate Comparison Figure A-8. Residential Basic EnergyTime-of-Day Billing Impacts: Percent Change in Bills from 2019 to 2022 Figure A-9. Residential Basic Energy Time-of-Day Billing Impacts: Dollar Change in Bills from 2019 to 2022 Figure A-10. Small Commercial Energy Time-of-Day Rate Comparison Figure A-11. Small Commercial Energy Time-of-Day Billing Impacts: Percent Change in Bills from 2019 to 2022 Figure A-12. Small Commercial Energy Time-of-Day Billing Impacts: Dollar Change in Bills from 2019 to 2022 Figure A-13. Municipal Rate Comparison Figure A-14. Municipal Billing Impacts: Percent Change in Bills from 2019 to 2022 Figure A-15. Municipal Billing Impacts: Dollar Change in Bills from 2019 to 2022 iii 22 Table of Contents Appendix B Schedule 1— Electric Ten-Year Financial Plan Schedule 2— Functional Unbundling of Test Year Revenue Requirement Schedule 3—Classification of Purchased Power Costs Schedule 4—Classification of Distribution Costs Schedule 5—Classification of Customer Costs Schedule 6—Cost of Service by Customer Class Schedule 7— Revenue Summary by Customer Class Schedule 8— Proposed Rate Schedules iv 23 Section 1 PROJECT SUMMARY Introduction In November 2018, the Town of Estes Park, Colorado (Town or Estes Park)/Estes Park Power and Communication (EPPC or the Utility) hired NewGen Strategies and Solutions, LLC (NewGen) to develop a Financial Forecast (Forecast), Cost of Service (COS) and proposed Rate Design Study analysis, collectively the Study (Study),for their electric utility. The Study determined the total cost of providing electric services, the cost responsibility for the various customer classes, and the design of rates to safeguard the financial integrity of the utility. The total cost of providing services predominately includes operations and maintenance (O&M)expenses, debt service, and cash capital outlays required to rebuild and modernize the Electric System (System). This Electric Rate Study Report (Report) discusses the process, analyses, and recommendations related to the Study. The Town's fiscal year (FY) is from January 1 to December 31. Unless otherwise stated in this Report, all data presented herein is shown in FYs. The Study included an analysis of an estimated Test Year Revenue Requirement (Revenue Requirement), an unbundled COS analysis based on FY 2022 (Test Year), a rate analysis,and the development of proposed new electric rates for several customer classes. Various policy issues were also identified and discussed. EPPC provided the majority of the System-specific data utilized for the Study. In certain cases,where information was not available, NewGen developed estimates based on our experience and publicly available information. Analyses were performed in accordance with generally accepted industry practices for municipal electric utilities. Our report contains five sections as follows: • Section 1—Project Summary: Provides an overview of the Study and EPPC • Section 2—Revenue Requirement: Discusses the development of the Revenue Requirement • Section 3—Cost of Service: Provides the COS results through functionalization, classification, and allocation • Section 4—Rate Design: Presents the proposed electric rates for full requirements service • Section 5—Conclusions and Recommendations: Summarizes conclusions and recommendations Electric Utility Description During the Test Year, EPPC is projected to serve, approximately 11,000 retail electric customers with annual electricity sales of approximately 127 million kilowatt-hours (kWh). EPPC serves all customers within the Town,as well as some customers outside the Town. The electricity supplied to Rocky Mountain National Park (RMNP) is provided by the United States Bureau of Reclamation and the Town is only paid to deliver that electricity. •� • & Solutions Economics � Strategy � Stakeholders � Sustainability 24 Section 1 Purchased Power / Transmission Estes Park is one of four owner communities of the Platte River Power Authority (Platte River). Platte River provides the power and owns, operates and purchases transmission capacity for its owner communities. Platte River initiated wholesale rate changes, which impact the rates and rate structures for EPPC, and are incorporated into the analysis conducted for this Study. EPPC Distribution The EPPC distribution system consists of a total of approximately 330 circuit miles of conductor, of which approximately 35%are underground. The distribution system has approximately 231 miles of secondary line, approximately 32%are underground. Projected Energy Requirements EPPC's electric consumption used in the Study is shown in Table 1-1 and is based on estimates made for the Test Year 2022. Total consumption reflects sales to EPPC retail customers plus System losses of approximately 4.54%. Energy sales to retail customers were based on EPPC's projected energy sales during the Study period. Table 1-1 Esti mated Annual F�-iergy Requi��.,w�.;a �� Retail Sales Losses Total Net Er�-gy Test Ye�ar (kV1Ah) (kV1Ai) far Load(kV1Ah) 2022 127,367,597 6,060,260 133,427,858 Usage Characteristics by Customer Class The COS analysis examines detailed customer usage characteristics by customer class. Table 1-2 summarizes these characteristics for the existing customer classes, including estimated revenue generated at 2019 rates in the 2022 Test Year by each customer class and the number of customers in each customer class, according to EPPC's electric utility statistics. 1-2 25 PROJECT SUMMARY Table 1-2 2022 Sumrr�ary af Projected EJectric Utility Characteristics by Glista�ner Class Revenue at Avg.Annual Avg.Annual Rate FZetail kVVh No.af Currerrt kVVh Sales Revenue per custorn�-aass c«le(s) sa�es�'� cust«rers�'� Rates per customer customer Re.sidential Service WRD/RE/RB 57,610,664 8,152 $ 8,749,429 7,067 $ 1,073 �nall Corrme�-aal C 28,933,187 2,357 4,347,393 12,276 1,845 Srr�all Corrrr�eraal EnergyTime-of-Day CE 679,330 29 85,069 23,738 2,973 LargeC,ormieraal CL 35,687,102 113 3,695,196 316,410 32,762 Large Corrrr�-aal Energy Time-of-Day CT 137,894 1 18,327 137,894 18,327 Muniapal M 3,340,617 74 442,979 44,897 5,954 RNNPAdministrative Housing�2> AH 9,232 4 1,738 2,308 434 RNNPS�nallAdministrative�2> AS 269,060 22 21,154 12,230 962 RNNP Large Administrative�2> AL 700,510 6 39,490 116,752 6,582 Total 127,367,597 10,758 $17,400,775 11,839 $ 1,617 (1) Based on a projection from data for 2018 provided by EPPC (2) �edridty provided by the United States Bureau of Redamation. The Town is paid to deliver the eledriaty. Financial and Rate Making Tools _ - NewGen created three core financial and rate modeling tools. These tools work together and are integrated to help EPPC make rate and financial related decisions. The tools help EPPC manage the financial performance of the utility,forecast debt requirements, and rate changes needed for operations and capital, and translate system-wide rate changes into customer class specific rates and bill impacts. The figure below illustrates the relationship between the tools, their recommended use, and when they should be updated. 1-3 26 Section 1 Recommended Use When to Update � ■ Forecast financial performance and key financial metrics ■ Update annually ■ Calculate debt and rate funded ■ Significant changes in capital capital needs and/or changes in debt/cash � • Calculate system-wide rate needs changes and scenarios \ ■ Apply system-wide rate changes to customer classes ■ Update every five years ■ Calculate customer class specific ■ Update for major changes to • • cost of service and rate system (e.g., power supply, structures new industrial customer,class ■ Ensure equity and alignment with consolidation) rate strategy ■ Design customer class base and ' Update in conjunction with cost- � pass through rates of-service . � . ■ Fixed and variable rate design ' Update fixed and variable components within customer ; � , ■ Proof of revenue adequacy class ■ Monthly bill impacts ■ Update to base or pass through rate components Fgure 1-1: Fnanaal and Cost-of-Service Tools and Relationships Financial Forecast The financial forecast model is used to optimize the mix of rate changes and debt issues to meet the electric system financial needs, perform multiple analyses,and identify the key drivers impacting financial performance. The results of this analysis created the final Revenue Requirement and formed the basis for the final recommendations for rate changes.This process is summarized in Figure 1-2. -. . •. . . . . . •.- . .. ... . .- � . -. . .- . . � �-. Fgure 1-2: Fnarx:ial Forecast Nbclel Developrr�errt 1-4 27 PROJECT SUMMARY NewGen developed a ten-year financial forecast model for EPPC to evaluate rate changes required to meet the financial needs of the utility. NewGen reviewed historical and budgeted operating data, capital expenditures, and operating expenses in the development of the financial forecast. Cost of Service and Rate Design Process Overview The COS and rate design process includes five steps as follows: 1. Determination of the Revenue Requirement—This first step examines the utility's financial needs and determines the amount of revenue that must be generated from rates. For municipal utilities, the revenue requirement is determined on a "cash basis." A "cash basis" analysis examines the cash obligations of the utility such as O&M expenses, debt service, cash funded capital projects, transfers, any required contributions to reserves, and payments to the Town. Rates are set such that the utility can pay its bills on an annual going-forward basis. In preparing our analysis of the electric rates and the development of the revenue requirement, NewGen relied upon records of operation, customer billing data, and other detailed information and data compiled and provided by the Town and EPPC's management and staff. 2. Functionalization and Sub functionalization of Costs—The revenue requirement is then assigned to the particular function or sub-function of the utility. Utilities, like Estes Park, typically have purchased power/ production, transmission, distribution, and customer services functions. As indicated, Platte River provides the purchased power/production and transmission functions for EPPC. Distribution sub-functions may include distribution infrastructure by voltage, metering, services, etc. Customer sub-functions include billing and collections, customer service, meter reading, etc. 3. Classification of Costs — Once costs are functionalized, costs are then classified based on the underlying nature of the costs. Of particular importance is the determination of fixed versus variable costs. Fixed costs remain a financial obligation of the utility regardless of the amount of energy used whereas variable costs fluctuate based on System energy requirements. Further, fixed and variable costs are associated with utility requirements to meet customer demand, energy, and customer service needs. 4. Allocation of Costs — Once costs are classified, they are then allocated to the various customer classes. Allocation factors align with cost classification. Therefore, demand-related costs are allocated on measures of customer class demand such as customer class contribution to the System coincident peak(CP). Energy allocation factors are based on energy consumed by customers. Customer allocation factors are based on the number of customers. 5. Rate Design —The fifth and final step is rate design, which translates COS results into rates for each customer class. 1-5 28 Section 1 These first four steps in the COS process are depicted in the figure below. i � � � � � � � � � � „ � � � I i � � � � ��.�.-j: Fgure 1-3. Cost aF Service Prooess Cost of Service Results Section 3 of the Report describes the COS process. The results of the COS analysis provide a detailed assessment of the costs required to serve each of the customer classes. These customer class costs are unbundled into utility functions and classified into demand,energy,and customer components. customer class costs are compared to the projected revenues under current rates to determine if current rates are sufficient to meet costs. Once completed, the COS analysis is the basis for rate design. A comparison of the Revenue Requirement by customer class and revenues collected under 2019 tariffs is shown in Table 1-3. `��� 1-6 29 PROJECT SUMMARY Table 1-3 Comparison af 2022 Revenues Under 2019 Rates with Cost aF Servioe Re.sults Projected Revenue Projected Revenues Over/ Requirerr�erit Under 2019 (Under) Difference Custorr�e�-Class ($) Rates($) Rec�ove�Y($) (%) Resideritial Service $ 9,343,420 $ 8,749,429 ($ 593,991) (6.8%) Srriall Corrrr�eraal 4,456,635 4,347,393 (109,242) (2.5%) Srr�all Corr7r�eraal 81,613 85,069 3,456 4.1% Er�ergy Tirr�-of-Dey LargeCorrrn�-aal 4,084,202 3,695,196 (389,006) (10.5%) ����a� 20,772 18,327 (2,445) (13.3%) Er�ergy Tirr�-of-Day Muniapal 387,246 442,979 55,733 12.6% F�MPAdrrinistrative 3,195 1,738 (1,45� (83.9%) Fiousiriy RNNPSr�II 25,009 21,154 (3,855) (18.2%) Administrative �P�� 30,126 39,490 9,364 23.7% Adrrinistrative Total $18,432,217 $17,400,775 ($1,031,442) (5.9%) The COS indicates that overall projected costs exceed System rate revenues under 2019 rates by approximately 5.9%. _ � Rate Design Rate design is the culmination of a COS study as the rates and charges for each customer class are designed to equitably and fully recover the System-wide COS and customer class revenue requirements by the end of the rate period. Section 4 of the Report describes proposed rate design for each customer class. EPPC's electric rates include the following components: ■ Customer Charge • Energy Charge • Demand Charge (as applicable) • Wholesale Power Cost Adjustment • Time of Use Charges (as applicable) • Renewable Rider (as applicable) Base rates include the customer charge, energy charge, and demand charge, and are applied to the appropriate monthly billing determinants (e.g., number of customer months, kWh consumption, etc.) to project the new rate revenues by customer class. These projected revenues from the proposed rates are compared to the Revenue Requirement to ensure that rates generate sufficient revenue to recover the Revenue Requirement. 1-7 30 Section 1 Based on a review of the existing rate structure, it was determined that the cost recovery components (e.g., customer, energy, and/or demand charges) were not in alignment with the COS results. Proposed rates in the Study were designed to move each customer class closer to its COS while evaluating the impact of rate changes on customers' monthly bills. NewGen performed a detailed analysis of monthly bill impacts associated with proposed rates on the majority of EPPC customers. In consideration of customer bill impacts, proposed rates, although moving closer to the customer class COS, do not precisely match the classification of costs for each rate customer class. The Town's objectives for rate design, as discussed herein, were also incorporated into the proposed rate design. Based on our analysis of rate impacts and conversations with EPPC management and staff, it was determined that new rates would be phased in over a three-year period. The first rate changes would be implemented in 2020,the second in 2021,and the third in 2022. This implementation reduces the overall rate impact from the proposed changes in base rates in any one year. Additional information and analysis for EPPC's proposed rates are included in Section 4 of the Report. 1-8 31 Section 2 REVENUE REQUIREMENT As part of the Study, NewGen developed a Revenue Requirement inclusive of all of EPPC's cash operating and capital expenses paid for from rates. The Revenue Requirement is based on projected Test Year operating and financial results. Development of the Revenue Requirement was based on projected cost information provided by EPPC, the Town and Platte River. The Revenue Requirement development process is detailed in this section. Revenue Requirement To remain financially sound, EPPC's electric rates must produce sufficient revenues to recover the total costs of providing electric service to their customers. These costs imposed on the System by customers are commonly referred to as the utility's "revenue requirement" and consist of normal operating expenses, debt service, capital improvements and additions, transfers to the Town, non-operating expenses, and reserve requirements. These total revenue requirements are then compared to utility revenues to evaluate the need for rate changes. The revenue requirement acts as the foundation of a COS study. The following is a discussion of the core components of the Revenue Requirement and significant differences from the 2019 Board adopted final budget and the Revenue Requirement(see Table 2-1).The Revenue Requirement was developed utilizing EPPC's system of accounts, then allocated to each functional element of the utility operations (purchased power/transmission, distribution, and customer). Purchased Power Purchased power costs for EPPC consists exclusively of purchased power costs (including transmission) from Platte River. The Test Year cost for purchased power is based on a Platte River forecast. Distribution Distribution includes personnel expenses, professional contracting, repair and maintenance costs, and other costs associated with utility operations of the distribution system. The Test Year cost for distribution is based on the 2019 final budget inflated based on the nature of the cost. For example, labor related costs are increased at 2.1%per year based on the Blue Chip Economic Indicators GDP Chained Price Index. Customer Service Customer service includes personnel expenses, professional contracting, and other costs associated with meeting the customer needs of the utility. The Test Year cost for customer service related costs is based on the 2019 final budget inflated based on the nature of the cost. Administration and General Administration and General includes administrative management services, residential / commercial energy efficiency expenses, franchise fees, and other costs associated with administration and general functions of the utility. The Test Year cost for administration and general related costs is based on the 2019 final budget inflated based on the nature of the cost. • •� • & Salutions Economics � Strategy � Stakeholders � Sustainability 32 Section 2 Debt Service EPPC has existing debt associated with its Electric System and Fiber/Communications System. The Series 2007 Bond was refinanced in 2019, and this new issue is scheduled to be fully repaid in 2039. The Test Year debt service is based on the debt service schedule for the new Series 2019 Bond. General Fund Transfer The general fund transfer is approximately 10.5%of total revenue. Change in Working Capital Change in working capital accounts for any shortfalls between the working capital balance at the beginning of the year and the working capital goal for that year in order to maintain EPPC's policy of 90 days of working capital, consistent with EPPC's bond covenants. Capital Capital expenses include costs associated with power line construction, fleet replacements, meter upgrades, and other capital expenses. The Test Year capital expenses are based on an annualized capital need assessment,with most of the annual costs increased at 2.1% per year. The Test Year value for these expenses is projected to be approximately $1,747,792, of which approximately $319,612 is expected to be funded by customer contributed capital. Offsets to Revenue Requirement Offsets to the projected Revenue Requirement include reductions associated with investment income, miscellaneous non-rate revenues, and planned under-recovery as developed by the ten-year financial plan, as shown in Appendix B, Schedule 1. The planned under-recovery is reflective of the policy decision to draw down on existing financial reserves to fully fund capital needs of the utility while allowing rates to be increased more gradually. The ten-year financial plan contemplated a drawdown of reserves but remaining above the 90-day target. 2-2 33 REVENUE REQUIREMENT Table 2-1 Revenue FZequirernerrt Developrnerrt 2019 Board pifference Test Year Item Adop�ed O�&M E�er�.ses Purdiased Pav�er $ 7,776,362 $ 364,034 $ 8,140,396 Distribution 3,748,771 594,088 4,342,859 Q�sta�ner Service 442,985 35,929 478,914 Administration arid C�erieral 2,304,701 167,708 2,472,409 Sul�otal Or4dl�Expense $14,272,819 $1,161,759 $15,434,578 Debt Service $ 449,813 $ 141,488 $ 591,300 General FundTransfer 1,772,928 225,115 1,998,043 Charige in V�biidng Capital - 112,267 112,267 Capital F�erxlitures 2,292,000 (544,208) 1,747,792 Less Iriterest Incorr�e (78,083) 8,170 (69,913) Less Nisc�ellaneous Revenue (708,578) 181,732 (526,846) Less C�sta�ner Contributioris (300,000) (19,612) (319,612) Less Planned Under-ReooverY(per Fnanaal Plan) (307,503) (227,887) (535,391) Revenue Requirerr�errt $17,393,395 $ 1,038,822 $18,432,217 � 2-3 34 Section 3 COST OF SERVICE After determining the Revenue Requirement, a COS for each customer class is developed to determine the specific costs to serve each customer class. Customer class revenues are compared to customer class Revenue Requirements to evaluate the ability of the current rates to recover costs. NewGen analyzed the cost to serve each customer class based on the Revenue Requirement developed in Section 2. Once completed, the COS results indicate the degree to which existing rates recover the costs to serve customers. The COS results are then used to design new electric rates. The COS analyses relied on the following key supporting data and analysis: ■ Revenue Requirement and revenues based on current rates; ■ System and customer class demand and energy requirements; ■ Actual and assumed customer service characteristics; and ■ Information obtained from customer accounts and records. Functionalization of Revenue Requirement EPPC's electric rates were unbundled into three functions: purchased power, distribution, and customer service, as shown in Appendix B, Schedule 2. The assignment of costs by function falls into two general categories: 1) direct assignments and 2) derived allocations. Direct assignments are costs that are readily associated with a specific utility function and are directly assigned to that function. For example, the energy expense is clearly an expense solely related to purchased power, so it is directly assigned to that function. Derived allocators are allocation factors that are based on the sum, average, or weighted effect of different underlying factors. Derived allocators can be complex and should reflect the logical answer to the following question—what underlying activities drive the cost of this item? For example,administrative and general expenses are associated with the O&M of all utility functions. Thus, administrative and general expenses are allocated to each utility function using a derived allocator. Each of the three utility functions is described below. Purchased Power Function The production function consists of costs associated with purchased power and transmission services from Platte River as well as an allocated portion of payment in lieu of taxes, franchise fees and a small number of other expenses. Distribution Function The distribution function consists of costs associated with operating and maintaining the distribution portion of the electric grid and making capital investments,as necessary. The distribution facilities deliver power to retail customers after it has been transmitted. This includes low voltage distribution lines, distribution poles, underground lines, customer service connections, meters, and lighting-related assets. • •� • & Salutions Economics � Strategy � Stakeholders � Sustainability 35 Section 3 Customer Service Function The customer service function consists of costs associated with operating and maintaining the customer-related facilities to meet customer support needs. This includes, but is not limited to,customer service, billing and collection, and meter reading. Revenue Requirement by Function The Revenue Requirement determined was "unbundled" into the three functional areas of the System — purchased power, distribution, and customer. The results of the functional unbundling are summarized in Table 3-1. Table�1 Revenue Requiremer�t by Function Purchased Item Poen�er' Distribution Custa�r�cr Tokal OS�M E�er�ses Purchased Pov�er $ 8,140,396 $ - $ - $ 8,140,396 Distribution - 4,342,859 - 4,342,859 C�sta�er - - 478,914 478,914 Administration arid General 156,368 1,995,287 320,754 2,472,409 Su�otal O�d1AExpense $ 8,296,764 $ 6,338,146 $ 799,668 $15,434,578 Debt Servioe $ - $ 591,300 $ - $ 591,300 General Fund Transfer - 1,998,043 - 1,998,043 Change in V�brking Capital 2,407 97,552 12,308 112,267 Capital E�er�ditures � - 1,370,798 376,994 1,747,792 Less Ir�terest Inoorr�e (31,360) (35,974) (2,580) (69,914) Less Niscellaneous Revenue - (20,582) (506,264) (526,846) Less Q�sta�ner Coritributions - (319,612) - (319,612) Less Planned Under-Recovery({x�'Finariaal Plan) - (535,391) - (535,391) Revenue R�equirerr�errt $ 8,267,811 $ 9,484,280 $ 680,126 $18,432,217 A comparison of the relative contribution to the Revenue Requirement by function, and average functional rate is provided in Table 3-2. The average rate was derived from the total expense divided by total projected energy sales for the Test Year period. 3-2 36 COST OF SERVICE Table�2 Furxx:tionalized Revenue Requiremerrt Function Revenue Requirerrierrt $/kVVh °/a of Total Purd�sed Pou�r $ 9,396,018 $0.0649 45% Distribution 8,419,310 0.0745 51°/a GUstorner 340,877 0.0053 4% RevenueRequirerr�errt $18,156,205 $0.1447 100% The purchased power function represents approximately 45% of the Revenue Requirement. The distribution function represents approximately 51%of the Revenue Requirement. The customer function represents approximately 4%of the Revenue Requirement. Classification of Costs To provide a reasonable basis for the assignment of the total Revenue Requirement to each customer class,costs for each function in the Electric System have been analyzed and classified into four rate-making cost classifications, as described below. • Demand Costs—Capacity (fixed- or demand-related) costs are those costs incurred to maintain a utility system in a state of readiness to serve, enabling it to meet the total combined demands of its customers. Capacity costs include the portion of O&M expenses, debt service, capital expenditures, and other costs that are generally fixed and do not vary materially with the quantity of usage or that cannot be designated specifically as a customer or variable cost. • Energy Costs— Energy, or variable costs, are costs that vary directly with energy usage, including such items as fuel, energy-related purchased power, and a portion of O&M expenses. • Customer Costs — Customer costs are those costs directly related to the number and type of customers, such as customer accounting, billing, and meter related expenses. ■ Direct Assignment Costs—Direct assignment costs are those costs that are readily identifiable and applicable to a particular customer or customer class. Once the costs within each function are assigned to each service category,the demand,energy,customer, and direct assignment component of each service is calculated. The classification of costs functionalized to Purchased Power are shown in Appendix B, Schedule 3. The classification of costs functionalized to Distribution are shown in Appendix B, Schedule 4. The classification of costs functionalized to Customer are shown in Appendix B, Schedule 5. As provided in Table 3-3, three major cost categories (demand, energy, and customer) cover the majority of all functional costs. This breakdown of demand, energy, customer, and direct assignment costs is later applied to each customer class to facilitate rate design, as provided in Section 4. 3-3 37 Section 3 Table�3 qassified Revenue Requirement Revenue %of qassific�tion Requirerrierrt $/kV11h Tatal Purchased Povuer GLstorr�- $ 509,556 $�.0040 3% Er�ergy 4,964,087 0.0390 27% Derr�nd 2,666,753 0.0209 14% PILOT,Franchise Fees and Other 127,415 0.0010 1% Subt�al $ 8,267,811 $0.0649 45% Distribution Derriand $ 5,208,314 $0.0409 28% C�stor�- 2,420,247 0.0190 13% Gerieral Fund Transfer 1,855,719 0.0146 10% Subtotal $ 9,484,280 $0.0745 51% (Lstorrer C�storr�- $ 680,126 $0.0053 4% Subtotal $ 680,126 $0.0053 4% Reverlue RequirerTlerlt $18,432,217 $0.1447 100% In total, approximately 27%of EPPC's total Revenue Requirement is energy-related or variable costs. The remaining 73% of the Revenue Requirement is fixed in nature and classified as demand, customer, or directly assigned to particular customer classes. Allocation of Costs Once costs are functionalized and classified, they are then allocated to the various customer classes. Customer Classes represent aggregations of customers that have similar customer usage characteristics and use the System in a similar manner. Customer Class Allocation Factors Based upon actual and assumed customer service characteristics, NewGen developed various factors for use in allocating the adjusted Revenue Requirements to individual customer classes. These allocation factors reflect accepted ratemaking principles and were based upon embedded cost allocation procedures. We have developed demand-related, energy-related, customer-related, and direct assignment allocation factors, as described below. Demand Allocations Demand allocators are derived based on the demand requirements of individual customers and customer classes. Purchased Power-related demand costs are allocated to customer classes based on the customer class's contribution to the System peak, or coincident peak (CP) allocators. This is a measure of each 3-4 38 COST OF SERVICE customer classes'cost responsibility associated with the infrastructure required to meet the System peak demand. As you move from the generator to the meter, the measure of peak demand responsibility changes from a System perspective (CP), to a customer class perspective (non-CP), to a customer perspective (demand at meter). Demand contributions at these various points in the System are determined based on load research, billing data provided by EPPC, and industry research and experience. Demand allocators can be based on the one peak month during a year, multiple months (such as the four summer months),or the 12 months of the year,depending on how the underlying costs are incurred (cost causation). For this Study, the Platte River Summer (Summer CP) and Non-Summer (Non-Summer CP) coincident peaks were used to allocate purchased power-related summer and non-summer demand costs respectively. The summer season for Platte River occurs from June through September while the Non- Summer season occurs from October through May. For purchased power transmission demand, a transmission with ratchet allocator (Transmission) was used. The Transmission allocator was a combination of the EPPC 12-month coincident peak (12CP) allocator and EPPC 1-month coincident peak (1CP) allocator. The 12CP allocator was used to allocate transmission costs before the ratchet, while the 1CP allocator was used to allocate the incremental transmission costs associated with the ratchet. A Non-coincident peak(NCP) allocator is typically used to allocate distribution costs.This is a measure of localized peak demands rather than the System peak demand. The distribution-related demand costs were allocated using a 9-month non-coincident peak(9NCP)for substations,overhead,and underground. For transformers,the sum of max demands (SMD) allocator was used. Table 3-4 compares the various demand allocators utilized in the Study. Table 3-4 Dernand Allocator Comparisons Surrrrier IVor}Surr�rricr Custorr�'Class CP CP Trarismission 9NCP SND Residential Service 49°/o 54% 51% 51% 66% Sr�l I Corm'�'aal 23% 20% 21% 21% 18% Sr��l C,orrr��e�'pal Er�ergy 0% 0% 0% 0% 0% Time-of-Day Large Corrrr�eraal 25% 23% 25% 24% 13% Large Comrr�eraal Er�-gy 0% 0% 0% 0% 0% Time-of-Dray MuniCipal 2% 2% 2% 2% 2% F�MPAdrrinistrativeHousing 0% 0% 0% 0% 0% F�MP Small Adrrinistrative 0% 0°/o 0% 0% 0% RNNP Large Administrative 0% 0% 0% 1% 0% Total 100% 100% 100% 100% 100°/a Note: 0%shown in table rr�y refled fractions of a pc'cent Energy Allocations Energy allocation factors are the basis for allocating costs or expenses classified as variable or energy-related and are assumed to vary directly with kWh sales. Energy-related costs classified as variable were wholesale energy costs and renewable energy from Platte River. Net energy for load (NEFL), or the 3-5 39 Section 3 energy necessary to supply each customer class, is used to allocate these types of costs to individual customer classes. NEFL is also sometimes called adjusted metered load or energy at generation, as it takes into consideration energy losses that occur on the transmission and distribution systems between the power supplier delivery point and the customer's meter. The energy from production utilized several different NEFL allocators. Summer energy used a NEFL summer allocator,while non-summer energy used a NEFL non-summer allocator. The summer and non-summer seasons were based on Platte River's seasons. The renewable energy was allocated based on the NEFL allocator. Table 3-5 lists the energy allocation factors utilized in the Study, which incorporates the losses at the various levels of the System. Table�5 Friergy AI locator Comparisons Net Energy Net Erie�-gy for Load for Load IVorr Net Frier-gy Custorr�er Class Sum�r�er Sum�rier for Load F�esidential Servioe 38% 49% 46% Srr�all Corrrr�-aal 25% 22% 23% �nall C,orm�eraal Energy Ti me-of-Dray 0% 1% 1% Large Corrrr�-aal 33% 26% 28% Large C,orrrr�eraal Energy Tirrie-of-Day 0% 0% 0% Ml.IniCl�l 3% 3% 3% RNNPAdministrative Housing 0% 0% 0% RIVNP Srtiall Administrative 0% 0% 0% RIVNP Large Administrative 0% 0% 0% Tatal 100% 100% 100% Note: 0%shov�n in table rrey refled fradiais of a perc�nt Customer Allocations Customer costs are defined as those costs related to the number of customers and the type of service required. Included in the customer-related costs are the costs associated with meter reading, customer service, billing, collection, and other customer-related activities. The customer allocation factors were largely based on the number of customers in each customer class. These allocations included a weighting factor depending on the nature and size of the customer served in each customer class. Weighting reflects that servicing certain types of customers requires more effort and expenses than other types of customers. Weighting factors were developed based on discussions with EPPC staff, as well as applying industry knowledge and practices. Weighting factors derive relationships between the customer classes and equipment or services needed to serve the customer class and the relative costs of those items. 3-6 40 COST OF SERVICE Cost of Service Results The unbundled COS results by customer class is shown in Table 3-6. See Appendix B, Schedule 6 for additional detail. Table�6 Unbundled Cost af Service Results by C�storr�-qass($000)c�) �nall CaYrr�eraal Large Srr�all Er�e�-gy Time- Large Cormxraal Muniapal I�IVNP Admin. RNNP Srr�all RNNP Large Classification Residential Corrrr�-cial of-Day Corrrr�ercial Time-aF Day Rate Housing Admin. Admin. Tatal Pu'chased Power Custa�er $ 349 $ 101 $ 1 $ 48 $ 0 $ 10 $ 0 $ 0 $ 0 $ 510 Er�ergy Surrmer(En) 523 345 6 446 3 38 0 0 0 1,361 Energy Nor�Sumr�-(En) 1,564 704 18 847 2 83 0 0 0 3,218 Renewable Intermitterit Adder 176 88 2 109 0 10 0 0 0 386 Derr�and Sum�riei-(D) 210 101 1 109 1 10 0 0 0 432 Derr�and NorrSumi'ier(D) 386 145 3 164 0 17 0 0 0 715 Derr�and Transrrission 771 325 7 378 2 37 0 0 0 1,519 PILOT,Franchise Fee&Other 62 28 1 33 0 3 0 0 0 127 Subtotal Prod�ion $ 4,041 $ 1,836 $ 40 $ 2,134 $ 9 $ 207 $ 0 $ 0 $ 0 $ 8,268 Distribution Derr�arid Related Substations $ 1,120 $ 465 $ 10 $ 538 $ 2 $ 53 $ 0 $ 5 $ 12 $ 2,205 Overhead 821 341 7 394 2 39 0 3 8 1,616 Underground 462 192 4 222 1 22 0 2 5 910 Transforrr�ers 317 87 1 62 0 8 0 1 1 477 (��stomer Related O�ert�ead 732 212 3 101 1 20 0 2 1 1,072 Underground 410 119 1 57 1 11 0 1 0 600 3-7 41 Section 3 Table�6 Unbundled Cost af Servioe Re,sults by Custa�rier Class($000)c�) srrrall Camieraal Large Srr�all Er�ei-gy Time- Large Corrrricrcial Municipal RNNP A�dmin. RNNP Srriall RNNP Large Classification Residerrtial Corrrr�craal of-Day Corrrr�-cial Time-of-Day Rate Housing A�dmin. A�dmin. Tatal Transforrr�ers 217 63 1 30 0 6 0 1 0 318 Service.s 69 20 0 10 0 2 0 0 0 102 Metering 225 65 1 31 0 6 0 1 0 329 Gerteral FurtdTransfer 464 923 11 441 4 0 2 9 2 1,856 Subtotal GYstribution $ 4,837 $ 2,486 $ 40 $ 1,886 $ 12 $ 167 $ 3 $ 24 $ 30 $ 9,484 (�storrer Qastorr�' $ 465 $ 134 $ 2 $ 64 $ 1 $ 13 $ 0 $ 1 $ 0 $ 680 Subtotal Custar�- 465 134 2 64 1 13 0 1 0 680 Revenue Requirerr�errt $ 9,343 $ 4,457 $ 82 $ 4,084 $ 21 $ 387 $ 3 $ 25 $ 30 $ 18,432 Summarized Total Derr�nd $ 4,087 $ 1,656 $ 34 $ 1,867 $ 8 $ 185 $ 1 $ 11 $ 26 $ 7,875 Energy 2,263 1,136 27 1,402 5 131 0 0 0 4,964 C�sta�- 2,467 713 9 341 3 68 1 6 2 3,610 Gerieral Fund Transfer,PILOT, Franchise Fees and Other 526 951 12 474 4 3 2 9 2 1,983 Revenue Requirerr�errt $ 9,343 $ 4�457 $ 82 $ 4,084 $ 21 $ 387 $ 3 $ 25 $ 30 $ 18,432 (1) Nurrt�ers may not sum due to rounding 3-8 42 COST OF SERVICE Cost of Service Results Compared to Current Revenue To evaluate the ability of current rates to adequately recover the COS, NewGen estimated revenues based on Test Year billing determinants and current rates,then compared resulting revenues to the COS for each customer class. The results of the comparison are shown in Table 3-7. Note that the Revenue Requirement in Table 3-7 for RMNP only includes the cost to deliver electricity. Table�7 2022 Revenue Shatfall with No Rate I� Projected Revenue Projected Revenues Over'/ Requiremerrt Urxler 2019 (Urxler) Difference C�.�storr�er Class ($) Rates($) R�cbvery($) (°/a) Resiclential Service $ 9,343,420 $ 8,749,429 ($ 593,991) (6.8%) Srriall Corr7'r�r'cial 4,456,635 4,347,393 (109,242) (2.5%) Srr�ll Corr�rr�-aal 81,613 85,069 3,456 4.1% Eriergy Tirr�e-of-Day La�'geC,ori7i'�rcial 4,084,202 3,695,196 (389,006) (10.5%) ����q� 20,772 18,327 (2,445) (13.3%) Energy Time�of-Day Muniapal 387,246 442,979 55,733 12.6% RNNPAdministrative 3,195 1,738 (1,457) (83.9°/o) �busir�g R�/NPSr�'�II 25,009 21,154 (3,855) (18.2%) Adrrinistrative RNNP Large 30,126 39,490 9,364 23.7% Adrrinistrative Total $18,432,217 $17,400,775 ($1,031,442) (5.9%) The percentage increase / (decrease) shown in the table above provides guidance for future rate design but does not reflect policy decisions that could impact recommended rates. Recommendations for new rates are presented in Section 4. 3-9 43 Section 4 RATE DESIGN Rate design is the culmination of a COS study where the rates and charges for each customer classification are established in such a manner that the total Revenue Requirement of the Utility will be recovered in an equitable manner consistent, to the extent reasonable and practical, with EPPC and Town policies. Consideration was given to the proper level of recovery of fixed costs in the customer and demand charges, as well as phasing in the proposed rates over time. Rate Design Offerings EPPC currently offers a variety of rates to its customers, depending on the nature of the end-use of the electricity (e.g., residential, non-residential) and the level of energy consumed. Rate riders offered by EPPC include a renewable generation option called the Renewable Energy Purchase Program (REPP). Customers may subscribe to the REPP in 100 kWh blocks or opt to have all energy subscribed. The results of the Study do not suggest the need to change the current renewable rate adder of$0.0275 per kWh for the REPP. Table 4-1 provides a summary of the rate customer classes and sub-customer classes, the number of customers in each customer class(estimated for the Test Year),the total estimated revenue generated by each customer class/sub-customer class for the Test Year under proposed rates,and comments regarding the applicability of each customer class / sub-customer class (see EPPC rate tariffs for specific tariff applicability rules and regulations). For all seasonal rate applications, EPPC's summer season includes billings based on meter reading in the months of May, June, July, and August. The Non-summer period consists of the remaining eight month period.These seasons are different from Platte River. • •� • & Salutions Economics � Strategy � Stakeholders � Sustainability 44 Section 4 Table 41 R,e�ail Rate—(�sta�r�-qass/Sut�Custaiier Class Estimated Estimated IVumber aF Test Year (�stomers Revenues C;ustarer Class Cocle (Test Year) ($OOU) ��S , R�.sidential Er�ergy R 7,631 $ 8,027 Staridard residential service Optional rate,>15,000 kV�lz/year, Residential Derr�and RD 212 � d�tonewa.�star�rs 282 707 �tional rate,only energy sta�age Residential F�ergyTime-of-DaY � forheating Optional rate,open to all residential R�sidential BasicF�ergyTime-of-DaY F2B 27 �9 custorr�ers Tatal Fie.sider�tial 8,152 $ 9,352 Srr�all Ca�rrr�raal C 2,357 $ 4,441 NorrR�esideritial use,�35 � � NorrR�.sidential use,�35 kVV, Small Ca�r�rr�eraal F�ergy Time-of-Day CE er�-gy sta-age for heating NorrResidential use,>35 kW in Large C.a�rrr�eraal CL 113 4�� tuw consea�ive rrpnths NorrR�.sidential use,>35 kW in Large Ca�rrr�eraal Time-of-Day � � � tuw oonsecxative rrpnths Takal Carmeraal 2,5U0 $ 8,575 RNNP Adrrinistrative Housing AH 4 $ 2 Altemate pa�n,er source,housing WVNP Small Administrative AS 22 21 Altemate poenaer sa.arce,�35 kW 6 � Alterr�ate pov�r'source,>35 kW in RIVNP Large Administrative A� tv�,o consecutive months Tatal RNNP 32 � � M 74 � � Indudes muniapal street,park M,aniapal lighting,arid muniapal buildings Total�'> 10,758 $�8,� (1) Exdudes outdoor lighti ng,revenue from wtiich was treated as an offset to the Revenue Requirerrient Rate Design Objectives In general,proposed rate structures for this Study should meet the following objectives and best practices: • Rates should be equitable among customer classes and individuals within customer classes,taking into consideration the costs incurred to serve each customer class. • Rates may take into consideration other important factors, such as competitive concerns, policies, or the public interest. • Rates should be simple and understandable. The foundation of rate design is COS results tempered with policy considerations important to the community. Specific rate design goals for EPPC include: 4-2 45 RATE DESIGN ■ Based on COS results ■ Improved fixed cost recovery ■ Phase-in rate changes to reduce undue rate impacts to customer classes (i.e., rate shock) ■ Move towards COS results by customer class to decrease intra-class subsidization ■ Update seasonal price differentiations based on Platte River costs One of the key rate design policy objectives was related to customer classes that were projected to be over-recovering the COS. These customer classes were eventually going to need rate increases,according to the ten-year financial plan. Thus, the decision was made to set rates for these customers to maintain the current level of revenue for the customer class. Thus, these customers would move towards COS gradually over time. This also lessened the need for more drastic rate adjustments for customer classes that were projected to be under-recovering the COS, as illustrated in Appendix B, Schedule 7. Electric Rate Structure The proposed base electric rates include a customer charge,an energy charge,and demand charge,where applicable. Generally, the customer charge should be designed to recover customer-related costs; the energy charge should be designed to recover all applicable power production costs; and the demand charge should be designed to recover demand-related costs. The customer, energy,and demand charges are commonly referred to as "base rates", as they exclude the rate riders, such as the renewable rate adder or increases in the purchase power costs passed-through to customers via the wholesale power cost adjustment. Customer and demand charges generally collect revenues that cover EPPC's fixed costs. Energy charges may collect revenues to recover both fixed and variable costs. For customer classes that do not have demand charges, a large portion of fixed costs may be collected through the energy charge. Rate Design Results Appendix B, Schedule 8 includes a summary of all proposed rates by customer class. The proposed rates are summarized for each customer class below. A histogram of customer monthly billing impacts and effective rates by load factor or consumption is included to illustrate and compare current rates, proposed 2022 rates, and COS results. Histograms of bill impacts are based on customer usage patterns from January 2018 to December 2018, as provided by EPPC. Residential Service (R) The Residential Service customer class is available to all residential customers. It is composed of residential customers served on a retail basis and includes a customer charge and an energy charge. Table 4-2 compares the COS rates, current rates, and proposed rates for the Residential Service customer class. 4-3 46 Section 4 Table 42 R�.sider�tial Service Cost aF Service, Currerit,ar�d Proposed Rates C��1) Cl.l1"1"� PI'OpOSECI PI"OFJO6ECI PPO� Item Unit 2022 2019 2020 2021 2022 Qastar�er'Charge $/Month 25.06 22.70 23.47 24.23 25.00 Er�-gy Charge $/MNh 0.1188 0.1095 0.1119 0.1144 0.1168 ��e�� $/kV�h 0.0028 0.0035 0.0000 0.0014 0.0028 Adjustment Charge c2> (1)The fixed derrianckdated oosts are shoNm in the energy C06 because this custarer dass does not have a derr�nd charge (2)Pra�w�-iaesale Pov�-c,ost,odjustrr�,t ax�-ges are estimates The COS analysis indicates that the customer charge and energy charge are currently lower than the COS. The proposed customer and energy charges are increased annually from 2020 to 2022 in approximately equal increments to move the customer class gradually towards COS and improve fixed cost recovery. The wholesale power cost adjustment is zero for proposed 2020 rates and increases annually to reflect the estimated increases in the cost of purchased power from Platte River. Figure 4-1 shows the relationship between customer usage and COS. Low energy users have a higher average COS per kWh than high energy users. This relationship exists because each customer has a similar fixed cost associated with infrastructure required to connect the customer to the System and meet their peak demand requirements. High users are able to spread these fixed costs over more energy resulting in a lower average rate. Increasing the Residential Service customer charge improves fixed cost recovery and reduces subsidies between customers within the Residential Service customer class. � 4-4 47 RATE DESIGN � : , •��. SD.45 1,840 $0.4D l,f DD x Y $fl.35 1,400 � ` � � $�.3fl -�� 2 1,2tl0 � � � V N JD.ZS L��Q� � 0 �: fl W So.zo �� � saa ? c� 1.-- _ � $0.15 -- -.- - - ------z_ _ bOD � > -- -- ---^� � . $0.1D � , � 400 $O.D5 �-�--���� �� 2D0 $O.DO ` �. _ 80 222 371 520 673 823 974 1,121 1,2b7 1,885 I AVERAGE M�NTHLY USAGE(ICWH) ..... .... ... . _ • .- �;� Fgure 41. Resider�tial Service Rate Comparison Bill Impacts Customer bill impacts,on a percentage basis,for all residential customers is shown in Figure 4-2(reflecting the change from 2019 to 2022 rates). ,`1 - � 4-5 48 Section 4 ,,; . 35% 30Rb V] 5 OW ^ L�� ` � V! � LL 2� � � Z V 15�0 � W � 1V/O s% v � ❑�o 3: c�'+ b� 3'+ Z'+ 3� Z: 3�: cl'+ 3'+ 3� ?'+ a`+ � �` �'+ 3'+ 3'+ 3'+ 3� � a'+ 3'+ 3'+ � 3'+ Z: 3� 3: o m �n m � � r� o rri �n m ti a n o n � ,1 m w m o n v � m �n m o o vi ad .n�' � � �n. �. � m. �. ni ,-i o o a � ry �i rri � ui ui � n r: oo vi � � �. �. �. .� .� .� .� �. �i� =''.!' . �."t(i' I:'l'.:irtr.i' •�:�� Fgure 42. Re.siderrtial Service Billing Impacts: Percerit Change in&Ils from 2019 to 2022 Customer bill impacts, on a dollar basis,for all residential customers is shown in Figure 4-3 (reflecting the change from 2019 to 2022 rates). � 4-6 49 RATE DESIGN Z 5°/0 � �� ` � � O w � � 1596 o — � z — W V �p� �y�j ZVlO 1 - 5% ! D% � � � I I I-I f� � � � o rn n �n � ri � o m n �n v m N o `� m � �o n m o - -•. - m n rn o N r-I '-I c-I r-I c-I '-I r-I Sl'F V} t!F S!'F V} V} SI'F V} Sh SR SA Sh V} rl � e-I !-I r-I N th 4A SA th 4A t11 tA 1/} .... .... .... ._. .__. .__. ._. tIl V} V} 1!i t!F V} t11 t!F r-:,. .,^..���- �^..;•,Sr"]*,�T:.,..,•�:-:!:. -:..:1r r•..�T:.,1 Fgure 43. Residerrtial Service Billing Impacts: Dollar Change in Bills fra�n 2019 to 2022 Residential Demand Service (RD) The Residential Demand Service customer class is an optional rate for customers that use electricity as a primary source of heat, as well as use greater than 15,000 kWh over 12 months. The demand charge is only assessed in the winter season (September through April) and the energy charge switches to the Residential Service energy charge during the summer (May through August). This rate tariff is closed to new customers. Table 4-3 compares the COS rates, current rates, and proposed rates. Table 43 Re.siderrtial Derr�and Servioe Cost aF Service, Currerit,and Proposcd Rates � currer,t Proposed Proposed Proposed Item Unit 2022 2019 2020 2021 2022 C�sta�ner Charge $✓Month 27.46 26.10 26.90 27.70 28.50 F_riei-gy Charge Sumr�-��> $/kV�h 0.1126 0.1095 0.1119 0.1144 0.1168 Energy Charge V�f r�er $✓kV�h 0.0365 0.0654 0.0645 0.0636 0.0627 Derr�and Charge $✓kW 12.53 13.60 13.60 13.60 13.60 ��e�� $/kV�h 0.0028 0.0035 0.0000 0.0014 0.0028 Adjustment Charge c2� (1)Equal to the Residential Seivioe custorr�er dass enerc,7Y d�arge (2)Pra�w�-iaesale Pa�c�-Gosc ad�ustrr�,t a,arges are estimates 4-7 50 Section 4 The histograms and cost curves for the Residential Demand Service customer class can be found in Appendix A. Residential Energy Time-of-Day Service (RE) The Residential Energy Time-of-Day Service customer class is an optional rate available to all residential customers who use energy storage equipment for space heating. Table 4-4 compares the COS rates, current rates, and proposed rates. Table 44 Resider�tial Fr�ergy Time-of-Day Service Cost aF Servioe, Currerrt,and ProposEd Rates C�(�� CIACPEI'lt PPOnOS�CI PPO�OSECI PPOpO6CCI Item Unit 2022 2019 2020 2021 2022 Custarer Charge $/Month 27.76 26.10 26.90 27.70 28.50 Friergy Charge OrrPeak $✓kV�h 0.1689 0.1520 0.1566 0.1612 0.1658 Energy Charge OFf-Peak $/kV�h 0.0928 0.0760 0.0806 0.0852 0.0898 ��e�� $/kV�h 0.0028 0.0035 0.0000 0.0014 0.0028 Adjustment Charge c2� (1)The fixed derrianckelated costs are sho�wn in the energy Co6 because this custarn�-dass does not have a derr�nd charge (2)P�'oposed�M�olesale Pow�r Cost Pdjustment Charc,�es are estimates The histograms and cost curves for the Residential Energy Time-of-Day Service customer class can be found in Appendix A. Residential Energy Basic Time-of-Day Service (RB) The Residential Energy Basic Time-of-Day Service customer class is an optional rate available to all residential customers.The energy charge for this customer class is only assessed during the winter season (September through April). During the summer season (May through August) the standard Residential Service energy charge is assessed. Table 4-5 compares the COS rates, current rates, and proposed rates. Table 45 Resider�tial Fr�ergy Basic Time-af-Day Service Cost of Service, Current,and Pro�osed Rates C���) CI.ICP�P1t PP'0�06� PI"Op06� PI"OpOS� Item Unit 2071 2019 ZO20 2021 2022 Custorr�-Charge $/Month 28.08 26.10 26.90 27.70 28.50 Er�'gy Charge Surrme�'�2� $✓kV�h 0.1166 0.1095 0.1119 0.1144 0.1168 Energy Charge Wir�ter OrFPeak $JkV�h 0.1689 0.1345 0.1470 0.1595 0.1719 Er�ergy Charge V�irrter OFF Peak $/kVbh 0.0928 0.1077 0.1038 0.0998 0.0959 V�A�desale Pa✓�r Cost $�kVbh 0.0028 0.0035 0.0000 0.0014 0.0028 Adjustmerit Charge(3) (1)The fixed derrnnc�related oosts are sFaNm in the er�ergy C06 because this custarer dass does not have a derr�rid charge (2)Equal to the Residential Seivice custarer dass energy charge (3)Pro�Osed�Midesale Po�r Cost Pdjustrr��t Charges are estirr�tes 4-8 51 RATE DESIGN The histograms and cost curves for the Residential Energy Basic Time-of-Day Service customer class can be found in Appendix A. Small Commercial Service (C) The Small Commercial Service customer class is composed of commercial users served at primary and secondary voltages with maximum monthly usage that does not exceed 35 kW. Table 4-6 compares the COS rates, current rates, and proposed rates. Table 46 Srriall Comreraal Service Cost aF Service, Currerrt,and ProposEd FZates C�(�� CIACfEIIt PPO�OSCCI PPOpO6EC1 PPO�OSCCI Item Unit 2022 2019 2020 2021 2022 C�.istarer Charge $/Month 25.22 33.37 3325 33.12 33.00 Energy Charge $/kV�h 0.1266 0.1140 0.1154 0.1169 0.1183 1M�desale Po�-Cost �� 0.0028 0.0035 0.0000 0.0014 0.0028 Adjustment C�arge c2) (1)The fixed derrerx�related costs are shown in the energy CQ6 because this custa�r dass does not have a derrend charge (2)Roposed�Miolesale Pa�n�er Cost Acfjustment Charges are estirrt�tes Figure 4-4 shows the relationship between customer usage and COS for the Small Commercial Service customer class. So.ao �oo $D.35 " 6DD _ $0.3D , � 5DD Y � � � �0.75 Z W = � 4� � y $0.20 � � � � 3flD fl � $0.15 - - - � � - -- �, v Q $0.10 _ �� $D.05 ��°1 1DD $D.00 � � ` e � _ 127 357 621 871 1,125 1,375 1,621 1,866 2,117 4,516 AVERAGE MQNTHLY USAGE(KWH) ��Customerfount Current TY 2022 fd5 Fgure 4-4� Small Camier-aal Friergy Service Rate Comparison 4-9 52 Section 4 Bill Impatts Customer bill impacts for customers in this customer class are provided in Figure 4-5 and Figure 4-6. 9°. — 8a� N'! �% � C' WC C Cp � � V!� � u 5�: O � � Z 4or. W ! �..1 � y..i — — a 3g' 2% 1°�a �. , 0°�a — — d'� �4� �Ol, '�h', 'y�, �iJ 1�� all '�.�� �� �'�o �'� ��� �do �'� �� �� $� od� `ti� �ti ��� `ti ��. `o- `a� �o- �o� o� �� o� �� o� ti� ti� '�� ti� ti� ^`�C�NT C '��PJG� I�1RApNT�{,yp��� Fgure 45. Small Comrr�-cial Ene�-gy Service Billing Impacts: Percerrt Change in&Ils from 2019 to 2022 �___. -,__ � 4-10 53 RATE DESIGN � �,,- s�io — — N! � fl J� � � � LL 4% — � fl � — 2 V ��O S s W d 2/o I 1% 0% — — p0� ,�4�1 s��o1 „�"'�1 y'v� g�i1 �'1� ba1 ,yry1 �0�3 �0'L1' �pDP' �p�o1 ���°� �,�^,.1 �,�3'� �,y*�sO �,y`b �,LCP `�,ti• `�,,,. `�,y• `�,y `�,y L�d• `��. ��0. ��- �-';i�Pti(;�.. i•..i�.inNT��:��I:'..f{'`:1�1"JT�=` Fgure 46. �nall Corrrnercial Energy Service Billing Impacts: Dollar(�ange in&Ils from 2019 to 2022 Small Commercial Energy Time-of-Day Service (CE) The Small Commercial Energy Time-of-Day Service customer class is an optional rate available to all small commercial customers who use energy storage equipment for space heating with on-peak demands that do not exceed 35 kW. Table 4-7 compares the COS rates, current rates, and proposed rates. Table 47 Srrrall Cormier-aal Erie�-gy Time-aF Day Service Cost aF Service, Currerit,and Proposcd Rates C�(�� Cl.l1"C'EI'1� PI'O� PI"O�CCI PI"UpO6ECI Item Unit 2022 2019 2020 2021 2022 Qistomer'Charge $�Morith 25.22 36.77 36.51 36.26 36.00 Energy Charge OrrPeak $✓kVbh 0.1353 0.1615 0.1526 0.1438 0.1349 Energy Charge OFf-Peak $✓k1M� 0.0876 0.0708 0.0763 0.0818 0.0872 ��e�� $/MNh 0.0028 0.0035 0.0000 0.0014 0.0028 Adjustment Char'ge(2) (1)The fixed derrnrx�related oosts are shown in the energy CCX�66 because this custa r�-dass does not have a derrnnd charge (2)Proposed�Miolesale Power Cost Pdjustrr�nt Charges are estimates The histograms and cost curves for the Small Commercial Energy Time-of-Day Service customer class can be found in Appendix A. 4-11 54 Section 4 Large Commercial Service (CL) The Large Commercial Service customer class is available for commercial customers with demands more than 35 kW for two consecutive months.Table 4-8 compares the COS, current rates, and proposed rates. Table 48 Large Corrrr�eraal Service Cost aF Service, Currerit,and Proposcd Rates � Currer�t Proposed Proposed Proposed Item Unit 2022 2019 2020 2021 2022 C�storr�r'Charge $/Month 252.23 45.23 45.49 45.74 46.00 Energy Charge $/kV�h 0.0547 0.0625 0.0633 0.0640 0.0648 Derr�and Charge $/kW 19.55 14.80 15.87 16.93 18.00 ��e�� $/MNh 0.0028 0.0035 0.0000 0.0014 0.0028 Adjustment Char'ge(�) (1)Proposed�Miolesale Power Cost Pdjustment Charges are estimates Figure 4-7 shows the relationship between customer usage and average COS. There is a wide range of load factors with a significant number of customers clustered between 20% and 50%. Load factor is a measure of efficiency and is the relationship between monthly demand and monthly energy usage. Higher load factor reflects a more efficient use of the System. The average monthly demand was approximately 61 kW. Note:the load factor percentages reflected in the figure represent the high end of the 10% range (i.e., the count of customers shown at 100% load factor represents the customers with load factor between 90% and 100%). 30 $0.40 � — 25 � $0.35 x � � $0.30 2D � � z W ! 7 � $0.25 � fl � 15 � O $0.2fl � — p W � � � a sa.i5 �: io � W � � $0.10 ---- _ 5 $O.DS ���� ` $a.� _ � � �� f � {� - 1Q96 20% 3096 40% 5096 60% 7096 809b 9096 1Q03b LQA�FACTDR .....��ta. [: .i.: - (.. . - -- _T+; ��:...-. flc I Fgure 47. Large C...,.,.�.�.:al Service Rate Comparison 4-12 55 RATE DESIGN Bill Impatts Customer bill impacts for customers in this customer class are provided in Figure 4-8 and Figure 4-9. 3096 — ,,, 2 5% s WC G I fl �p� y �V/O � v � D � 15% z � � � W � 1� I 5% D% ■ I I � � � d� 3' 3' 3' 3' a'. �'. 3'. 3`. �' 3� 3'. �' 3' p � ry M a +r � p�p T q �- �� _�; Q ta`Ii �r, � M N � o o� �r �. � �. �. �. .� .-� � ,-. � .� � � N � � � �'FF�Fn1T C'-'•AfVGF IP17:1C1P1T�11.YBIii Fgure 48. Large Corrrncrcial Service Billing Irrpacts: P�-cerit Change in&Ils from 2019 to 2022 �___. -,__ � 4-13 56 Section 4 Z��a 18�� 16% � 14�� _ � w � O 12% _ � � LL 10% O — r w 8�� � � � a 6% 4% 2�� � 0 Do � l o�, — — — — - O � Ol M 1� c-I l0 O � Ol M 1� c-I l0 O lD �--I I� M Ql � O lD �--I I� M Ql � O O l0 N Ol u1 N 00 u1 �--I 1� � O I� M U} c�'1 I� O � I� �--I i/1 00 N L!1 Ol N lD O u1 � V M M M N N N �--I c-I �--I V? L1 � � `~ � � N N N M c'+1 M � � LIl V? V1 V? V} V? V} L1 V? L1 N V} V? � � V} V} U} V} U} V} L? V} V} U} V} L? CHANGE IN MONTHLY BILL($/MONTH) Fgure 49. Large C......�.�:pl Service Billing Impacts: Dollar Change in Bills from 2019 to 2022 Large Commercial Time-of-Day Service (CT) The Large Commercial Time-of-Day Service customer class is available for commercial customers with demands more than 35 kW for two consecutive months. Table 4-9 compares the COS rates, current rates, and proposed rates. Table 49 Large Comrr�-cial Time-af-Day Servioe Cost aF Service, Currerit,and Proposed Rates � Currerrt Proposcd Proposed Proposed Item Unit 2022 2019 2020 2021 2022 C�sta�ner Charge $✓Month 252.23 53.18 53.79 54.39 55.00 Energy Charge OrFPeak $/MNh 0.0774 0.0820 0.0848 0.0876 0.0904 F_riergy Charge OFF Peak $✓k1Mi 0.0365 0.0445 0.0461 0.0478 0.0495 Derr�and Charge $✓kW 19.49 17.45 18.30 19.15 20.00 ��e�� $/kV�h 0.0028 0.0035 0.0000 0.0014 0.0028 Adjustment Charge c�) (1)Pra�sea vU,ae�le Pan�-Gosc ad�ustrr�,t a,arc��s are estirr�ates Municipal Service (M) The Municipal Service customer class is available for municipal street, park lighting, and municipal buildings.Table 4-10 compares the COS rates, current rates, and proposed rates. 4-14 57 RATE DESIGN Table 410 Muniapal Service Cost aF Service, Currerit,ar�d Proposed Rates C��1) Cl.l1"1"� PI'OpOSECI PI"OFJO6ECI PPO� Item Unit 2022 2019 2020 2021 2022 Qastar�er'Charge $/Month 75.67 0.00 9.00 18.00 27.00 Energy Charge $/MNh 0.0929 0.1171 0.1149 0.1128 0.1106 ��e�� $/kV�h 0.0028 0.0035 0.0000 0.0014 0.0028 Adjustment Charge c2> (1)The fixed derrianckdated oosts are shoNm in the energy C06 because this custarer dass does not have a derr�nd charge (2)Pra�w�-iaesale Pov�-c,ost,odjustrr�,t c�arges are estimates The Municipal Service rate structure changes significantly with the introduction of a customer charge. This aligns the Municipal Service customer class with the other retail customers. The histograms and cost curves for the Municipal Service customer class can be found in Appendix A. Rocky Mountain National Park Administrative Housing (AH) The Rocky Mountain National Park Administrative Housing Service customer class is available for Rocky Mountain National Park service administrative single housing accounts. There are no rate changes proposed for this customer class. Table 4-11 compares the COS rates, current rates, and proposed rates. Note that this customer class has no wholesale power cost adjustment charge since the power from Platte River is paid for directly by the U.S. Bureau of Reclamation. Table 411 Rocky Mourytain Natior�al Park A�rinistrative Housing Service Cost aF Service, Currerrt,and Proposed Rates C�(1) Cl.11"P'EI'lt PI"OpOS� PP'Op06� PI"OpOS� Item Unit 2022 2019 2020 2021 2022 Custa�er Charge $/Month 21.65 22.70 22.70 22.70 22.70 Energy Charge $✓kV�h 0.2323 0.0690 0.0690 0.0690 0.0690 (1)The fixed derrianckelated costs are sha�m in the e�iergy Co6 because this custorr�-dass does not have a derriand charge Rocky Mountain National Park Small Administrative Service (AS) The Rocky Mountain National Park Small Administrative Service customer class is available for Rocky Mountain National Park service administrative accounts with maximum demand equal to or less than 35 kW. There are no rate changes proposed for this customer class. Table 4-12 compares the COS rates, current rates,and proposed rates. Note that this customer class has no wholesale power cost adjustment charge since the power from Platte River is paid for directly by the U.S. Bureau of Reclamation. 4-15 58 Section 4 Table 412 Rocky Nburrtain National Park Small A�dministwative Servioe Cost aF Service, Currerit,ar�d Proposed Rates C��1) Cl.l1"1"� PI'OpOSECI PI"OFJO6ECI PPO� Item Unit 2022 2019 2020 2021 2022 Qastar�er'Charge $/Month 21.65 33.37 33.37 33.37 33.37 Energy Charge $/MNh 0.0715 0.0456 0.0456 0.0456 0.0456 (1)The fixed demar�related oosts are sliov�m i n the energy C06 because this aasta r�er dass does not have a demand charge Rocky Mountain National Park Large Administrative Service (AL) The Rocky Mountain National Park Large Administrative Service customer class is available for Rocky Mountain National Park service administrative accounts with maximum demand greater than 35 kW. There are no rate changes proposed for this customer class. Table 4-13 compares the COS rates, current rates, and proposed rates. Note that this customer class has no wholesale power cost adjustment charge since the power from Platte River is paid for directly by the U.S. Bureau of Reclamation. Table 413 Rocky Mourytain National Park Large Administrative Service Cost aF Servioe, Currerrt,and P�-oposEd Rates � Currerit Proposed Proposed Proposed Item Unit 2022 2019 2020 2021 2022 Custa�er Charge $/Month 21.65 45.23 45.23 45.23 45.23 Er�ergy Charge $✓k1M� 0.0000 0.0185 0.0185 0.0185 0.0185 Derr�and Charge $✓kW 15.33 12.50 12.50 12.50 12.50 Renewable Energy Charge The renewable energy charge is an optional charge added to all otherwise applicable energy charges, including the wholesale power cost adjustment charge, for customers that would like to support renewable generation. It is available to all customer classes and customers may subscribe in 100 kWh blocks or opt to have all energy subscribed. Currently residential, residential energy time-of-day, small commercial, and municipal customer classes contain renewable energy subscribers. There are no rate changes proposed for this rate. Table 4-14 compares the current rates, the COS rates, and the proposed rates. Table 414 Rer�ble Er�ergy Charge Cost aF Service, Currerrt,and ProposEd Rates � Currerit Proposed Proposed Proposed Item Unit 2022 2019 2020 2021 2022 Subsaibed Custarers $/MNh 0.0254 0.0275 0.0275 0.0275 0.0275 4-16 59 RATE DESIGN Outdoor Area Lighting The Outdoor Area Lighting customer class is available for outdoor private lighting and is a flat monthly rate per fixture. In this analysis, outdoor lighting revenue was treated as an offset to the Revenue Requirement and the expenses for outdoor lighting were not segregated from other expenses. There are no rate changes proposed for this rate. Table 4-15 compares the current rates, the COS rates, and the proposed rates. Table 415 OutdoorAr�Vghting Cost aF Service, Currerit,ar�d Proposcd Rates Currerit Proposed Proposed Proposed Item Unit 2019 2020 2021 2022 Custorr�-Charge $/Month 36.49 36.49 36.49 36.49 Revenue Adequacy of Proposed Electric Rates The rates presented in this section have been designed to recover revenues equal to the Revenue Requirement in the final year of the rate plan and to incorporate the rate strategies enclosed herein. Rates were designed based on forecasted billing information provided and utilizing information from the 2018 billing data. To the extent actual billing determinants vary from projections, actual revenues may vary from the expected revenues as presented herein. Table 4-16 shows the projected Revenue Requirement and the projected revenue from proposed 2022 rates. Table 416 Revenue Requirerrierrt and Projected Rate Revenue from Proposed Rates 2071 Revenue Projected Over/(Urx�er) Customer qass Requiremerrt Revenue Recovery Re.sidential Service $ 9,343,420 $ 9,351,732 $ 8,312 S7nall Corrme�-aal 4,456,635 4,441,023 (15,612) Srr�all Corrrr�eraal EnergyTime-of-Day 81,613 85,069 3,456 Large Corrmeraal 4,084,202 4,028,609 (55,592) Large Corrrr�-aal Energy Time-of-Day 20,772 20,423 (349) Muniapal 387,246 442,979 55,733 RNNPAdministrative Housing 3,195 1,738 (1,457) RIVNP�nallAdministrative 25,009 21,154 (3,855) RIVNPLargeAdrrinistrative 30,126 39,490 9,364 Tatal System $18,432,217 $18,432,217 $ 0 4-17 60 Section 5 CONCLUSIONS AND RECOMMENDATIONS In reliance upon the data received by EPPC,the Town,and Platte River,and the analyses described herein, we conclude and recommend the following. Conclusions • Revenue Requirement • Based on our development of the Revenue Requirement, current and projected costs exceed current rates. On a System-wide basis, current rate revenues require a 5.9% increase. ■ Cost of Service • The rates for several customer classes are below their COS, while some are currently above their COS. However,the customer classes that are currently above their COS are projected to eventually need rate increases according to the ten-year financial plan. • Rate Design • EPPC's rates require modification to better align with the COS and policy objectives of the Town. • Although not reflected in the proposed rates in Section 4, the Town could also consider eliminating the Residential Demand Service customer class, which is currently closed to new customers. If these roughly 200 customers were moved to the regular Residential Service customer class, the Town is projected to collect approximately the same revenue annually from these customers. Eliminating the Residential Demand Service customer class would simplify the overall rate tariff as well as residential rate options and ease the administrative burden on EPPC. Rate Recommendations Based on our conclusions, and supporting analyses, NewGen recommends the following: • The Town should adopt rates that reduce subsidization among customer classes. The majority of EPPC's rate structure should be modified to improve fixed cost recovery in a gradual manner. ■ The Town should adopt the rate plan as proposed in this Report. ■ EPPC should continue to perform a comprehensive COS study every two to three years, or when aligned with a major change, such as significant changes in projected price for purchased power, a new large industrial customer, or significant change in System operations. ■ If EPPC is going to allow customers to opt-out of an AMI capable meter a one-time enrollment fee of $75 and a monthly fee of $20 should be charged to defray the costs of accommodating these customers (as discussed below). • •� • & Salutions Economics � Strategy � Stakeholders � Sustainability 61 Section 5 Avoided Cost for Net Meter Customers Customers with on-site renewable generation (e.g., solar panels) may qualify to be paid for energy generated, in excess of what the customer uses, annually at what is referred to as the avoided cost. The avoided cost is determined by the blended cost per kWh for energy supplied by Platte River, less $0.01 per kWh for administrative costs. The costs for EPPC administering this program are likely more than $0.01 per kWh, but only subtracting $0.01 per kWh allows for a generous interpretation of the avoided cost. AMI Opt-Out Fees As automated metering infrastructure (AMI) or advanced meters become more commonplace with utilities,many customers are becoming more comfortable and aware of the technology. However,utilities still face customers who wish to opt out of having an advanced meter on their home. EPPC should consider fees for customers who choose to opt out of the advanced meter and AMI system, thus requesting a digital meter without radio transmitting capability that requires manual meter reading and related customer billing support. Several utilities have implemented an initial cost to install the non-AMI capable meter, or an "enrollment fee", related to potential increased cost for the non-AMI meter. Additional monthly fees are typically assessed related to a meter reader's time, transportation to read the meter, and the cost to upload the meter read to the customer billing system. Secondary research summarized in Table 5-1 shows one-time enrollment fees as well as monthly charges to recover the ongoing costs of manual meter reading and customer data. Secondary research also suggests less than 0.5%of customers will opt-out of an advanced meter. Table�1 AM Op�t-out Enrdlment and Mor�thly Fee.s Enrollmerrt lJtility/Jurisdiction Fee(One-time) Morithly Fee Austin Energy(Te�s) $75 $10 AEP Texas Central $105-$214��> $19 AEP Te�s North $105-$257��� $36 CenterPoirit $204�2> $33 Orxa- $191-$564��� $27 Califomia $75 $10 Maryland $75 $11-$17 Keys Energy(Rorida) $90 $15 Lafayette Utilities S�rstem(Louisiana) Unla�a�nm $12.20 United Pov�er None $19.83 (1) Fees based on e�asting meter rerr�ining,nevvarialog meter iristalled,arid AM v�,ith disabled oorrrrunications. (2) CenterPoint charges a rrinirrum of$204,plus the increrr�ental difference in the cost befineen a starxl�rd meter and the advarx�d meter fundionality. 5-2 62 CONCLUSIONS AND RECOMMENDATIONS Based on this secondary research, NewGen recommends that, if the Town is going to allow customers to opt-out of an AMI capable meter, a one-time enrollment fee of$75 and a monthly fee of$20 should be charged to defray the costs of accommodating these customers. Other Work Performed For other work performed by EPPC, such as meter replacements or line extensions, the developer or customer must pay for work performed as required to meet their needs and EPPC's standards. Payment must be made before the work is scheduled. The amount of payment will be estimated based on the cost of labor, materials, equipment, and overhead. 5-3 63 Appendix A HISTOGRAMS AND COST CURVES • •� • & Salutions Economics � Strategy � Stakeholders � Sustainability 64 Appendix A HISTOGRAMS AND COST CURVES � ��.�, ���� 45 5�.30 — ao _ � 5�.25 35 � � � � � 5�.2D � � _ 30 � V Vr�7 2 5 � � 50.15 - � � 2d v�i n � � � � � s❑.10 ~~ ���� , 15 � —� 10 $�.05 � � � � �' S 50.00 . . , _ 10°k 20% 30% 40% 50% 60% 70°/0 $D% 90°/0 1D�% LC1AL7 FACTflR ^Custoni�r Cntin[ CEIf�!�llY TY 207_2 C�S Fgure Ar1. Residential Demarxl Rate Comparison � • •� • & Salutions Economics � Strategy � Stakeholders � Sustainability 65 Appendix A I 4�^ — 35°/0 v� W 3D°/o � O � 2 5°.� V LL O ��°�O Z i.a L] � 15`:� a 10�5 54b o� ■ � � ■ � � — i�°�1 I�1 I�°�1 i�°�1 i5�1 I4°�1 I3°�1 iz°�1 Ils�l o�.� i% z� 3�.� a�.� 5� ��.s �s� s�� 9�� rnC'PJT C�';'��J[,' I",��;�n^.ir,.,.�u�.. Fgure Ar2. Residential Derr�and Billing Impacts: Peroent Change in Bills from 2019 to 2022 2D% N � — a � � a 15°.� � � � V � ❑ H i(�O� W +'-'•V V �C 0. ! f���� ! i;i, 0 li i �Ml l�.l LI � 1 l.�l I+i ($1�) (59) (58) ($7J {56) ($4J (53) ($�J (51) (S�) $1 $2 $3 54 56 S7 58 $9 $1� C!iflN�,f IN[NC7N7�I!Y�31!": {CJMC7N7��} Fgure Ar3. R�e.sidential Derrrand&Iling Impacts: Dollar Change in Bills from 2019 to 2022 A-2 66 HISTOGRAMS AND COST CURVES ti:.i� ��:; SO $0.20 7D r � � 6� � � z � $�.15 � q� ��� 5D � � � � �� ' , � o no fl W $0.1D v, i7 � � � 3d � W ^ � � $D.05 — 2D 1D $o.� I� l—I � n _ 3D1 77D 1,243 1,706 2,235 2,667 3,292 3,7D0 4,226 8,754 AVERAGE MQNTHLY USAGE(KWH) .,..r•:..� �. ... . 'i., ,: _i:� Fgure A 4. Residerrtial Er�ergy Time-of-Day Rate Comparison s0°!o I � 35% �, � I � 30°/0 - cA � � 2 59b ❑ r- i,�, 2�% . V � W a 1536 1�9'0 � , 5°k O!D ■ � . j W 3� � � 3� 3� � a° a° 3� � 3� 3� � � p M N M �T �1'I tG 00 Ot G N N r�'1 '�V u�'I N N W eN�l e��l N Ot 00 �D w � M N N rM e�l '-I r-I H '-1 PERCENT CHANGE IN MflN7HLY 61LL Fgure Ar5. R�esidential Energy Time-aF Day&Iling Impacts: Perc:ent Charx�e in&Ils from 2019 to 2022 A-3 67 Appendix A 15°I: - 14°c s.�.i 12°/a � � 1�JC - I 1 I V LL fl 8�, ` 2 V (.O� - W �+•V d 4% ! 2aa �o, � Im . � � � � tfl M O� � N ff1 u"V '-I 00 � '-I f� � C V: N � r�-I r�-I N N N M M M C C � �I"V � � iY1 m m N N N rl rl rl Vl SA V'F t!} Sh Vl V} VS Vl V} Vl i!S V'1 V'1 Vl Sh SA 4A th SA SJ'1 SA t/} SJ'F V} V1 SA -__. �. -_- � _".ir.. I`. .."�`.iT:. v:.l �. �,.�iT,_{} Fgure Ar6. Resider�tial F�-gy Time-of-Day Billing Impacts: Dollar Charx�e in Bills from 2019 to 2022 $O.f,Q 7 So.So � � � x � 5 � $�-4Q � � s � � � � � y $0.30 '� � � � � ■ � 3 � � 54.zo � 2 ¢ ��----- - •-�•�.. .__._, Sa.1a — � _�� � 1 $�.Q� �i .� . 78 375 551 973 1,1b5 1,357 1,586 1,838 2,185 3,312 AVERAGE MflNTHLY USAGE(KWH) � I r�,t���„��r���,�,� Cfirrrn' TY 7f177 C(}S Fgure Ar7. R�.e.sidertitial Basic Er�ergy Time-of-Day Rate Comparison A-4 68 � � = PERCEN7 flF CUST�MERS � F'�RCENT DF CU57�MER5 � F+ N M1.1 W � - N _ � �, ae a`� � `� � � �" °� � . N : � � � � a � I52n} � � � �0 iio.o�a} ($19} �� [9.39`a) �J�' ($17) � [$.6`Ya) � ($16} � (7.9°Ya) � I � ($14J � [7.19`0) c�� IS13} 0 n i6.49`a) = I ($11} 0 � (5.79'n) � I (sio� � is.o�o} � fS9J � I � i4.39`a} � I57} � , [3.59'oj I �, z {S6) 0 Sv' ,� (2.99'a) � I �$ ^' {S4� 0 `G � �Z.��a� � � `G — � � (53} - I � [1.49'oj �' �J �' � ISs) r � � - (a.�s�o) � — � iso� � — n.o�o � i � - cc $1 : � I � 0.79'c � I r �1 `— $3 F •. 1.49`a � I �7 � $40 � 2.19'0 � I �+ p ,. �1 � $6 � � — 2.9`Yc � I = � S7 3.6`Ya � $9 � 4.3�'a � � $1� 5.0�'a � �• . a � $11 � 5.79'a � I y N $13 � , I � 6.4�'a � I a � $14 � 7.19'o Z 4 v � $16 3 7.99'0 � I n O s $17 � $.69'0 �Y= I � O $19 � 9.3`Yo �,,,�J C � $2� � 10.09`0 '� D � in � - - — vf � CG Appendix A �:. ,:. SD.45 --- 5 $0.40 _ Y 50.35 4 � � I ' z � So.3o � � V � 5�.�� � ~ 3 � � S0.2D �_ 1��1 � � � 2 " ° $0.15 _�� I � �� a ,. --_.� $0.1D � 1 $0.05 �� $O.DO . _ 1D0 352 617 828 1,180 1,280 1,b91 1,865 2,062 4,374 AVERAGE MflN7HLY USAGE(KWH) f I,14'�.�.�;.. �_;':I,li+. r I.1"� - T�'� �. . . :.I_1` Fgure Ar10. Small Ca�rirr�ercial Eriergy Time-aF Day Rate Comparison ��°/v I cA C W � �7 15°k - ci! � V � 4 � W �� V a � � W � 5% � I � � � 046 � � � � � � � � � ' _� � � � � � � � � � u�`i u�i c - rci r,i iri iv ra`.i � � o � c .� � ev ry m %�: �. _ . �n �n �n w �'CRCFNT C�-itlN�� IN M(�NT���Y[�II f. Fgure Ar11.Smal I C...,.,�.�.�al F�ergy Time-aF Day Impacts: Percent Change in Bi Ils from 2019 to 2022 A-6 70 HISTOGRAMS AND COST CURVES f ; zo�ra � � � � � 0 1 s9� � � � V � 0 � �p� WZVlO V � � W S 5e - - ., - i o� I I I � � � � � o a� n �u v m N o rn n w a m -- . J „ „ � � � .. � .: .� .., � N r-I r-I r-I r-I r-I r-I r-I tA il1 iR iM1 il1 V3 c.rs ••' • ••' • �> tn � t/Y iA i.I? tIY i11 i.R i./1 i./1 "-' '—' �. "-' '—' '—' '—' �.�1 � tJl 1.r1 tJl S.Il 1Jl tJ3 r=-d;`,:J[,F IN',�1�-�:Jr:,�:Y�il!i f5�':1��lTi11 Fgure Ar12. Small Corrrncraal Energy Time-aF Day Billing Impacts: Dollar Change in Bills from 2019 to 2022 5a.x� z� $D.80 � — .� $0.70 20 x � � $O.fiD �— � � z V 15 � � $0.5D � � � � $0.40 p L' 1D v�i � � 1 � 4� $0.30 L `-' W � � a $0.20 5 $0.10 i � I � 1 I � � � � n � n � $D.OD - 1D3 439 728 98fi 1,341 1,617 1,908 2,235 2,558 11,233 AVERAGE MflNTHLY USAGE(KWH) 'C!is[nmer Cntinf C�.irrevit TY 2�1�2 CC15 Fgure Ar13. Muniapal Rate Comparison A-7 71 D — a � � PERCEN7 aF CU57�MER5 PERCENT pF CL1570MER5 � e� 1--+ 1--� N N W I-+ F-+ h] �, � :,, g � � � � o � � � _ � : �. o a� o � o � a� � a� �• fS5o1 � (iaa�a) a 31 = f5n�7 p = (53�a1 � {$431 � {$fi`YaJ � (�3�3;1 � � (799�af � ($36} Q (71°/a) � [$3Zl �7 � (b49'o) £2. i52s1 �. (5��'al � f52s� �so�} � {$2!] � (43Jof �� -, [$i8] �. _� (36%a) — z (514] �] -� (299'a) � iS111 � �� (219'af ,, � [$71 •• (14°!aJ $ � [$4] � -� (7`1'a) � T iSol p l' �os�) i � � � $4 � � 7ry• $7 0 2 lA�,. � � � � �11 � �� 71', � I 7� � • � QJ � $Z4 ' I � �'x 7"�'; � fA � $18 � � 3�;';s. ] � 4 $21 ! �� � 43% � � I �3 $25 F i 4 � 50g'a � I $29 I � 57�Y � cc � 0 532 0 54°� � � $35 � 71`,',• � 539 79I $43 8�i% �] 546 93`Y� $50 1009'a � N Appendix B SCHEDULES �_==: • •� • & Salutions Economics � Strategy � Stakeholders � Sustainability 73 Estes Park Power and Communications Schedule 1 Electric Ten-Year Financial Plan A B C D E F G H I 1 K L M N O Historical � Projected � Projected � Line No. Account Descriptions 2016 2017 2018 Budget� 2019 � 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 � 1 Operatin�Revenues 2 Rate Revenue 14,550,689 15,004,484 16,018,524 17,268,395 17,648,031 18,035,913 18,432,217 18,922,627 19,404,708 19,908,013 20,425,931 20,960,765 21,513,963 22,091,797 3 Intergovernmental 153,652 1,031,202 24,252 - - - - - - - - - - - 4 Investment Income 78,448 87,206 68,000 78,083 75,766 73,508 69,913 66,384 63,771 59,673 54,035 48,724 45,881 45,546 5 Miscellaneous Revenue 367,446 1,101,099 977,836 708,578 526,217 526,528 526,846 527,23 527,613 528,010 528,419 528,840 529,275 529,729 6 Total Operating Revenue 15,150,235 17,223,991 17,088,612 18,055,056 18,250,015 18,635,949 19,028,977 19,516 19,996,093 20,495,696 21,008,385 21,538,332 22,089,119 22,667,072 7 Op2fdtlll�E%p211525 8 Source of Supply 7,161,617 7,350,123 7,544,166 7,776,362 7,788,528 7,964,397 8,140,396 8,318,487 ,035 8,687,898 8,883,260 9,083,938 9,278,903 9,502,184 9 Distribution 3,104,575 3,658,860 4,152,418 3,748,771 3,935,08fi 4,132,138 4,342, 4,453,972 4, 4 4,685,808 4,806,739 4,931,156 5,059,171 5,190,902 10 CustomerAccounts 384,020 445,111 501,036 442,985 454,980 466,776 47 491,405 504, 517,493 531,114 545,137 559,575 574,441 11 Administration/General 2,460,229 2,460,96fi 2,644,817 2,304,701 2,360,904 2,415,963 ,409 2 ,280 2,589,616 2,650,459 2,712,851 2,776,835 2,842,458 2,909,767 12 Transfers Out - - - - - - - - - - - - - 13 Total Operating Expenses 13,110,441 13,915,060 14,842,437 14,272,819 14,539,498 14,979,275 15,43 , ,794,144 16,153,167 16,541,655 16,933,965 17,337,066 17,740,107 18,177,293 lq Balance Available for Debt Service 2,039,794 3,308,931 2,246,175 3,782,237 3,730,518 3,65 4 98 ,099 3,842,926 3,954,037 4,074,420 4,201,266 4,349,012 4,489,779 15 Debt Service(cash basis) 16 Existing/Refinanced Debt - - - 449,813 5 596,90 591,300 596,300 595,050 597,800 594,300 594,600 184,450 183,950 17 New Debt - - - - - - - - - - - - - - 18 Total Debt Service:Cash Basis - - - 449,813 580,128 596,900 591,300 596,300 595,050 597,800 594,300 594,600 184,450 183,950 19 Debt Service Coverage Ratio NA NA NA 8.4 4 . 6.1 6.2 6.5 6.6 6.9 7.1 23.6 24.4 20 Other Income(Exqenditures) 21 Transfersln 711,942 365,703 - - - - - - - - - - - 22 General Fund Transfer (1,391,740) (1,646,929) (1,731 (1,772,928) 6,252) (1,956,775) (1,998,043) (2,049,206) (2,099,590) (2,152,048) (2,205,880) (2,261,525) (2,319,357) (2,380,043) 23 Reserve Fund Adjustments - - - - - - - - - - - - - - 24 Change in Working Capital - - - - ,756) (108,438) (112,267) (88,660) (88,526) (95,793) (96,733) (99,395) (99,380) (107,799) 25 Gain(Loss)on Sale of Assets (91,430) - - 000 - - - - - - - - - - 26 Total Other Income(Expenditures) (771,228) (1,281,226) (1,731,233) (1,6 ,982,008) (2,065,213) (2,110,309) (2,137,866) (2,188,116) (2,247,841) (2,302,613) (2,360,920) (2,418,737) (2,487,842) Balance Availablefor Retained z7 Earnings&Capital 1,268,566 2,027,705 514,942 1,684,497 1,148,382 994,561 892,789 987,933 1,059,761 1,308,397 1,177,507 1,245,746 1,745,824 1,817,987 28 Caqital Exqenditures 29 Uses-CIP and Recurring Capital Expenses 2,292,000 1,676,634 1,711,843 1,747,792 1,685,721 1,721,121 2,124,414 2,169,026 2,214,576 2,261,082 2,308,565 30 Sources-Contributed Capital 300,000 306,600 313,039 319,612 326,324 333,177 340,174 347,317 354,611 362,058 369,661 31 Sources-Contruction Fund - - - - - - - - - - - 32 Sources-CashAvailable 1,992,000 1,370,034 1,398,805 1,428,180 1,359,397 1,387,944 1,784,240 1,821,709 1,859,965 1,899,024 1,938,903 33 Flow of Funds 34 Cash In Excess of the Minimum Requirement 35 CashBeginningofYear 4,442,774 4,135,271 3,913,619 3,509,375 2,973,984 2,602,521 2,274,338 1,598,495 954,293 340,075 186,875 Prepared by NewGen Strategies and Solutions Pa�Lof 2 4 Estes Park Power and Communications Schedule 1 Electric Ten-Year Financial Plan A B C D E F G H I 1 K L M N O Historical � Projected � Projected � Line No. Account Descriptions 2016 2017 2018 Budget� 2019 � 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 � 36 Deposits-Operations 1,684,497 1,148,382 994,561 892,789 987,933 1,059,761 1,108,397 1,177,507 1,245,746 1,745,824 1,817,987 37 Electric loan to Broadband (2,500,000) - - - - - - - - - - 38 Broadband loan repayment 2,500,000 - - - - - - - - - - 39 Withdrawals-CapitalPlan (1,992,000) (1,370,034) (1,398,805) (1,428,180) (1,359,397) ,387,944) (1,784,240) (1,821,709) (1,859,965) (1,899,024) (1,938,903) 40 Cash In Excess of the Minimum Requirement Balance(EOY) 4,135,271 3,913,619 3,509,375 2,973,984 2,602,52 ,274,338 1,598,495 954,293 340,075 186,875 65,959 41 Days of Cash on Hand(Cash,FC,WC) 196 187 174 159 140 124 110 96 93 90 42 Workine Caoital Reserve 43 Days of O&M Reserve 90 90 90 90 90 90 90 90 90 90 90 44 WC BOY 3,519,325 3,519,325 3,585,082 3,693, 3,805,786 3, 7 3,982,973 4,078,765 4,175,498 4,274,893 4,374,273 45 Deposits/Withdrawals - 65,756 108,438 1 88,660 88, 95,793 96,733 99,395 99,380 107,799 46 Working Capital Balance 3,519,325 3,585,082 3,693,520 , 86 3 447 3,982,973 4,078,765 4,175,498 4,274,893 4,374,273 4,482,072 47 WC Goal 3,519,325 3,585,082 3,693,520 3, 6 4,447 3,982,973 4,078,765 4,175,498 4,274,893 4,374,273 4,482,072 48 Days of Working Capital 90 90 90 90 90 90 90 90 90 90 49 Interest Income 50 Reserve Fund Average Year Balance - - - - - - - - - - 51 Interest on Funds Short Term Interest - - - - - - - - - 52 Cash Available Average Year Balance 4,289,022 4,024,445 3,711, 1,680 ,788,253 2,438,430 1,936,416 1,276,394 647,184 263,475 126,417 53 Interest on Funds ShortTerm Interest 42,890 37,11 32,417 27,883 24,384 19,364 12,764 6,472 2,635 1,264 54 Working Capital Cash Average Year Balance 3,519,325 ,203 639,301 3,749,653 3,850,117 3,938,710 4,030,869 4,127,132 4,225,196 4,324,583 4,428,173 55 Interest on Funds ShortTerm Interest 35,193 35,522 36,393 37,497 38,501 39,387 40,309 41,271 42,252 43,246 44,282 56 Other Fund Balance 57 Other Fund Balance Inflation-GDP - - - - - - - - - 58 Interest on Funds Short Term Interest - - - - - - - - - - 59 Other Fund Balance 60 Other Fund Balance Inflation-GDP - - - - - - - - - - - 61 Interest on Funds Short Term Interest - - - - - - - - - - - 62 Totallnterestlncome 78,083 ,766 73,508 69,913 66,384 63,771 59,673 54,035 48,724 45,881 45,546 63 KevPerformancelndicators 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 64 DSC Ratio 6.4 6.1 6.1 6.2 6.5 6.6 6.9 7.1 23.6 24.4 65 Cash Available Balance($) 4,135, 3,913,619 3,509,375 2,973,984 2,602,521 2,274,338 1,598,495 954,293 340,075 186,875 65,959 66 Construction Fund - - - - - - - - - - - 67 Capital Plan($) 2,292,000 1,676,634 1,711,843 1,747,792 1,685,721 1,721,121 2,124,414 2,169,02fi 2,214,576 2,261,082 2,308,565 68 Days of Working Capital 90 90 90 90 90 90 90 90 90 90 90 69 Rate Changes 70 Electric 71 Overall5ystem Revenue/kWh Increase Required 1.96% 1.96% 1.96% 2.32% 2.32% 2.32% 2.32% 2.32% 2.32% 2.32% Prepared by NewGen Strategies and Solutions Pa��of 2 Estes Park Power and Communications Schedule 2 Functional Unbundling of Test Year Revenue Requirement A B C D E F G H I J Line No. Account Account Description Test Year 2022 Adjustments Adjusted Test Year Allocation Factor Purchased Power Distribution Customer Total � Operation and Maintenance Expense z Purchased Power 3 502-6100-520.28-08 Purchased Power Supply 8,140,396 8,140,396 Purchased Power 8,140,396 0 0 8,140,396 a 502-6100-520.28-18 Wind Power - 0 Purchas wer 0 0 0 0 s 502-6100-520.28-19 Wheeling Chgs-FR Hydro - 0 Purc Power 0 0 0 0 6 Total Purchased Power 8,140,396 0 8,140,396 8,140,396 0 0 8,140,396 � TOTAL PURCHASED POWER 8,140,396 0 8,140,396 8,140,396 0 0 8,140,396 s Distribution 9 502-6301-540.11-01 Supervisors 37,531 3 Distribution 0 37,531 0 37,531 io 502-6301-540.11-02 Regular Staff 1,734,043 1,734,0 Distribution 0 1,734,043 0 1,734,043 ii 502-6301-540.11-03 Seasonal Staff - 0 Distribution 0 0 0 0 iz 502-6301-540.11-04 Staff Overtime 191,767 767 Distribution 0 191,767 0 191,767 i3 502-6301-540.11-OS SeasonalOvertime - istribution 0 0 0 0 ia Total Personal Services/Salaries 1,963,341 - ,9 1 - 1,963,341 - 1,963,341 is 502-6301-540.13-01 Cell Phone 17,205 7,205 Distribution 0 17,205 0 17,205 i6 502-6301-540.13-03 Vehicle Allowance - 0 Distribution 0 0 0 0 i� Total Additional Compensation 17,205 7,205 0 17,205 0 17,205 is 502-6301-540.14-11 Medicallnsurance 38 386,351 Distribution 0 386,351 0 386,351 i9 502-6301-540.14-12 Life Insurance ,208 6,208 Distribution 0 6,208 0 6,208 zo 502-6301-540.14-14 Employee Assistance Prog 1,297 1,297 Distribution 0 1,297 0 1,297 zl 502-6301-540.14-15 Dentallnsurance 177 26,177 Distribution 0 26,177 0 26,177 zz 502-6301-540.14-16 Vision Insurance 6,225 Distribution 0 6,225 0 6,225 z3 502-6301-540.14-17 MASA 2, 2,139 Distribution 0 2,139 0 2,139 za 502-6301-540.14-18 Telephone Doc 1,037 1,037 Distribution 0 1,037 0 1,037 zs 502-6301-540.14-21 Taxes/FICA-Medicare 146,224 146,224 Distribution 0 146,224 0 146,224 z6 502-6301-540.14-31 Retirement/ICMA401(A) - 0 Distribution 0 0 0 0 z� 502-6301-540.14-32 Retirement/PERA 284,304 284,304 Distribution 0 284,304 0 284,304 zs 502-6301-540.14-41 Workers'Compensation 24,744 24,744 Distribution 0 24,744 0 24,744 z9 502-6301-540.14-90 Pension Benefit Expense - 0 Distribution 0 0 0 0 30 502-6301-540.14-99 Salary Capital Contra Act - 0 Distribution 0 0 0 0 31 Total Employer Benefits 884,706 0 884,706 0 884,706 0 884,706 3z 502-6301-540.21-01 Property - 0 Distribution 0 0 0 0 3s 502-6301-540.21-02 Liability 17,981 17,981 Distribution 0 17,981 0 17,981 3a 502-6301-540.21-50 Unemployment - 0 Distribution 0 0 0 0 Prepared by NewGen Strategies and Solutions Page 7.,Qf 11 IO Estes Park Power and Communications Schedule 2 Functional Unbundling of Test Year Revenue Requirement A B C D E F G H I J Line No. Account Account Description Test Year 2022 Adjustments Adjusted Test Year Allocation Factor Purchased Power Distribution Customer Total 3s Total Insurance Premiums 17,981 - 17,981 - 17,981 - 17,981 36 502-6301-540.22-02 Engineering 31,961 31,961 Distribution 0 31,961 0 31,961 3� 502-6301-540.22-13 Contract/Skilled Services 5,327 5,327 Distri n 0 5,327 0 5,327 3s 502-6301-540.22-14 LabTesting 8,523 8,523 Di tion 0 8,523 0 8,523 39 502-6301-540.22-24 GIS 138,499 138,499 ' ution 0 138,499 0 138,499 ao 502-6301-540.22-26 Insurance Calims 28,338 28,338 ist on 0 28,338 0 28,338 al 502-6301-540.22-30 Land Use Fees 3,196 3,196 Distrib 0 3,196 0 3,196 az 502-6301-540.22-98 Other 7,307 7,307 Distributio 0 7,307 0 7,307 a3 Total Prof.Services/Fees 223,152 - 223, - 223,152 - 223,152 aa 502-6301-540.24-02 Real Property 2,557 2,5 Distribution 0 2,557 0 2,557 as Total Rentals 2,557 0 2,557 0 2,557 0 2,557 a6 502-6301-540.25-01 Maintenance Contracts 55,399 istribution 0 55,399 0 55,399 a� 502-6301-540.25-02 Buildings 10,654 4 Distribution 0 10,654 0 10,654 as 502-6301-540.25-OS Machinery/Tools 3,729 ,729 Distribution 0 3,729 0 3,729 a9 502-6301-540.25-06 Meters - 0 Distribution 0 0 0 0 so 502-6301-540.25-07 Transformer 10,654 ,654 Distribution 0 10,654 0 10,654 sl 502-6301-540.25-08 Laboratory - 0 Distribution 0 0 0 0 sz 502-6301-540.25-30 Street Lights 53,269 53,269 Distribution 0 53,269 0 53,269 s3 502-6301-540.25-31 Substation 18 181,114 Distribution 0 181,114 0 181,114 sa 502-6301-540.25-32 Power Line Maintenance , 25 639,225 Distribution 0 639,225 0 639,225 ss 502-6301-540.25-33 Inactive Underground Main - 0 Distribution 0 0 0 0 s6 502-6301-540.25-34 Customer Service Lines - 0 Distribution 0 0 0 0 s� 502-6301-540.25-98 Other Equipment/Machinery 1,598 Distribution 0 1,598 0 1,598 ss Total Repair and Maintenance 955, 0 955,641 0 955,641 0 955,641 s9 502-6301-540.26-01 Office Supplies 746 746 Distribution 0 746 0 746 so 502-6301-540.26-04 Freight/Shipping 1,065 1,065 Distribution 0 1,065 0 1,065 6i 502-6301-540.26-OS Janitorial 533 533 Distribution 0 533 0 533 sz 502-6301-540.26-06 Small Tools 15,981 15,981 Distribution 0 15,981 0 15,981 6s 502-6301-540.26-07 Small Hardware 5,327 5,327 Distribution 0 5,327 0 5,327 sa 502-6301-540.26-19 Traffic Control 10,654 10,654 Distribution 0 10,654 0 10,654 6s 502-6301-540.26-20 Electrical 5,327 5,327 Distribution 0 5,327 0 5,327 66 502-6301-540.26-33 Data Processing Equipment 10,654 10,654 Distribution 0 10,654 0 10,654 6� 502-6301-540.26-34 Meters 37,288 37,288 Distribution 0 37,288 0 37,288 68 502-6301-540.26-48 Shop Equipment 4,261 4,261 Distribution 0 4,261 0 4,261 69 502-6301-540.26-SS Street Lights 31,961 31,961 Distribution 0 31,961 0 31,961 Prepared by NewGen Strategies and Solutions Page 2,n�11 Estes Park Power and Communications Schedule 2 Functional Unbundling of Test Year Revenue Requirement A B C D E F G H I J Line No. Account Account Description Test Year 2022 Adjustments Adjusted Test Year Allocation Factor Purchased Power Distribution Customer Total �0 502-6301-540.26-57 Overhead Lines - 0 Distribution 0 0 0 0 n Total Materials and Supplies 123,797 0 123,797 0 123,797 0 123,797 �z 502-6301-540.27-01 Personal Safety Equipment 58,596 58,596 Distri n 0 58,596 0 58,596 �s 502-6301-540.27-03 Vehicle Allowance - 0 Di tion 0 0 0 0 �a 502-6301-540.27-04 Education/Training 95,884 95,884 ution 0 95,884 0 95,884 �s 502-6301-540.27-06 Employee Recognition - 0 ist on 0 0 0 0 �6 502-6301-540.27-07 Mileage Reimbursement - 0 Distrib 0 0 0 0 n 502-6301-540.27-21 Employee Recruitment - 0 Distributio 0 0 0 0 �s TotalJob Performance Expenses 154,479 0 154, 0 154,479 0 154,479 �9 502-6301-540.29-90 Short/Over Inventory Acct - Distribution 0 0 0 0 so 502-6301-540.29-95 Depreciation - 0 Distribution 0 0 0 0 sl 502-6301-540.29-97 Accumulated Pant - 0 Distribution 0 0 0 0 sz Total Other Current Expenses 0 0 0 0 0 0 s3 TOTAL DISTRIBUTION 4,342,859 ,859 0 4,342,859 0 4,342,859 sa Customer Services CurrentExpenditures ss 502-6401-550.11-01 Supervisors 71,737 71,737 Customer 0 0 71,737 71,737 s6 502-6401-550.11-02 Regular Staff 14 146,163 Customer 0 0 146,163 146,163 s� 502-6401-550.11-03 Seasonal5taff - 0 Customer 0 0 0 0 ss 502-6401-550.11-04 Staff Overtime 13,850 13,850 Customer 0 0 13,850 13,850 s9 502-6401-550.11-OS SeasonalOvertime 80 80 Customer 0 0 80 80 90 Total Personal Service/Salaries 2 0 0 231,830 0 0 231,830 231,830 91 502-6401-550.13-01 Cell Phone 419 419 Customer 0 0 419 419 9z 502-6401-550.13-03 Vehicle Allowance - 0 Customer 0 0 0 0 93 Total Additional Compensation 419 - 419 - - 419 419 9a 502-6401-550.14-11 Medicallnsurance 55,635 55,635 Customer 0 0 55,635 55,635 9s 502-6401-550.14-12 Life Insurance 908 908 Customer 0 0 908 908 96 502-6401-550.14-14 Employee Assistance Prog 230 230 Customer 0 0 230 230 9� 502-6401-550.14-15 Dentallnsurance 3,987 3,987 Customer 0 0 3,987 3,987 98 502-6401-550.14-16 Vision Insurance 1,027 1,027 Customer 0 0 1,027 1,027 99 502-6401-550.14-17 MASA 416 416 Customer 0 0 416 416 ioa 502-6401-550.14-18 Telephone Doc 202 202 Customer 0 0 202 202 ioi 502-6401-550.14-21 Taxes/FICA-Medicare 18,870 18,870 Customer 0 0 18,870 18,870 Prepared by NewGen Strategies and Solutions Page 3,Q�11 /8 Estes Park Power and Communications Schedule 2 Functional Unbundling of Test Year Revenue Requirement A B C D E F G H I J Line No. Account Account Description Test Year 2022 Adjustments Adjusted Test Year Allocation Factor Purchased Power Distribution Customer Total ioz 502-6401-550.14-31 Retirement/ICMA401(A) - 0 Customer 0 0 0 0 io3 502-6401-550.14-32 Retirement/PERA 31,762 31,762 Customer 0 0 31,762 31,762 ioa 502-6401-550.14-41 Workers'Compensation 763 763 Customer 0 0 763 763 ios 502-6401-550.14-90 Pension Benefit Expense - 0 Cust r 0 0 0 0 io6 502-6401-550.14-99 Salary Capital Contra Act - 0 C er 0 0 0 0 io� Total Employer Benefits 113,799 - 113,799 - - 113,799 113,799 ios 502-6401-550.21-02 Liability 1,681 1,681 Custo 0 0 1,681 1,681 io9 502-6401-550.21-SO Unemployment - 0 Customer 0 0 0 0 iio Total Insurance Premiums 1,681 - 1, - - 1,681 1,681 iii 502-6401-550.22-09 Info Technology Services - Customer 0 0 0 0 iiz 502-6401-550.22-10 Bank Fees 533 533 Customer 0 0 533 533 ii3 502-6401-550.22-13 Contract/Skilled Services - 0 Customer 0 0 0 0 iia 502-6401-550.22-26 Insurance Claims - Customer 0 0 0 0 iis 502-6401-550.22-98 Other 1,233 Customer 0 0 1,233 1,233 ii6 Total Prof.Services/Fees 1,765 ,765 0 0 1,765 1,765 ii� 502-6401-550.23-01 Publication Fees - 0 Customer 0 0 0 0 iis Total Publishing - - - - - - ii9 502-6401-550.24-01 Equipment 1,278 Customer 0 0 1,278 1,278 izo 502-6401-550.24-03 Lease , 00 4,800 Customer 0 0 4,800 4,800 izi Total Rentals 6,078 - 6,078 - - 6,078 6,078 izz 502-6401-550.25-01 Maintenance Contracts 8,789 Customer 0 0 8,789 8,789 izs 502-6401-550.25-03 Furniture/Fixtures 0 Customer 0 0 0 0 iza 502-6401-550.25-98 Other Equipment/Machinery 533 533 Customer 0 0 533 533 izs Total Repair and Maintenance 9,322 - 9,322 - - 9,322 9,322 iz6 502-6401-550.26-01 Office Supplies 3,729 3,729 Customer 0 0 3,729 3,729 iz� 502-6401-550.26-02 Postage 42,517 42,517 Customer 0 0 42,517 42,517 iza 502-6401-550.26-03 Printing Forms 27,840 27,840 Customer 0 0 27,840 27,840 iz9 502-6401-550.26-04 Freight/Shipping 799 799 Customer 0 0 799 799 i3o 502-6401-550.26-17 Catering/Spec Circumstanc 799 799 Customer 0 0 799 799 i3i 502-6401-550.26-23 Furniture/Fixtures 2,131 2,131 Customer 0 0 2,131 2,131 i3z 502-6401-550.26-32 Data Processing Software 3,018 3,018 Customer 0 0 3,018 3,018 133 502-6401-550.26-33 Data Processing Equipment 2,131 2,131 Customer 0 0 2,131 2,131 i3a 502-6401-550.26-42 Office Equipment 799 799 Customer 0 0 799 799 Prepared by NewGen Strategies and Solutions Page 4�{11 iy Estes Park Power and Communications Schedule 2 Functional Unbundling of Test Year Revenue Requirement A B C D E F G H I J Line No. Account Account Description Test Year 2022 Adjustments Adjusted Test Year Allocation Factor Purchased Power Distribution Customer Total i3s 502-6401-550.26-46 Communication Equipment - 0 Customer 0 0 0 0 ise Total Materials and Supplies 83,763 - 83,763 - - 83,763 83,763 i3� 502-6401-550.27-04 Education/Training 13,317 13,317 Cust r 0 0 13,317 13,317 i3a 502-6401-550.27-OS Member Dues/Subscriptions 533 533 C er 0 0 533 533 139 502-6401-550.27-06 Employee Recognition 266 266 mer 0 0 266 266 iao 502-6401-550.27-07 Mileage Reimbursement 160 160 Cu r 0 0 160 160 iai 502-6401-550.27-21 Employee Recruitment - 0 Custo 0 0 0 0 iaz Total Job Performance Expenses 14,276 - 14,276 - - 14,276 14,276 ias 502-6401-550.29-07 Uncollectible Accounts 15,981 1 Customer 0 0 15,981 15,981 iaa 502-6401-550.29-25 Promotion - Customer 0 0 0 0 ias 502-6401-550.29-31 Uncollected Taxes - 0 Customer 0 0 0 0 ia6 TotalOtherCurrentExpenses 15,981 - ,981 - - 15,981 15,981 ia� Total Current Expenditures 478,914 - 47 4 - - 478,914 478,914 Administration/General iaa 502-6501-560.11-01 Supervisors 172,182 ,182 Total Labor W/O A&G 0 153,998 18,184 172,182 ias 502-6501-560.11-02 Regular Staff 429,569 9,569 Total Labor W/O A&G 0 384,202 45,366 429,569 iso 502-6501-560.11-03 Seasonal Staff - 0 Total Labor W/O A&G 0 0 0 0 isi 502-6501-560.11-04 Staff Overtime 2 26,634 Total Labor W/O A&G 0 23,822 2,813 26,634 isz Total Personal Service/Salaries , 85 628,385 0 562,022 66,363 628,385 iss 502-6501-560.13-01 Cell Phone 918 2,918 Total Labor W/O A&G 0 2,610 308 2,918 isa 502-6501-560.13-03 Vehicle Allowance 0 Total Labor W/O A&G 0 0 0 0 iss Total Additional Compensation 2, - 2,918 - 2,610 308 2,918 is6 502-6501-560.14-11 Medical lnsurance 81,835 81,835 Total Labor W/O A&G 0 73,192 8,642 81,835 is� 502-6501-560.14-12 Life Insurance 1,817 1,817 Total Labor W/O A&G 0 1,625 192 1,817 isa 502-6501-560.14-14 Employee Assistance Prog 461 461 Total Labor W/O A&G 0 413 49 461 is9 502-6501-560.14-15 Dental Insurance 7,639 7,639 Total Labor W/O A&G 0 6,832 807 7,639 i6o 502-6501-560.14-16 Vision Insurance 2,138 2,138 Total Labor W/O A&G 0 1,912 226 2,138 i6i 502-6501-560.14-17 MASA 833 833 Total Labor W/O A&G 0 745 88 833 i6z 502-6501-560.14-18 Telephone Doc 404 404 Total Labor W/O A&G 0 361 43 404 163 502-6501-560.14-21 Taxes/FICA-Medicare 51,147 51,147 Total Labor W/O A&G 0 45,746 5,402 51,147 i6a 502-6501-560.14-31 Retirement/ICMA 401(A) 6,164 6,164 Total Labor W/O A&G 0 5,513 651 6,164 i6s 502-6501-560.14-32 Retirement/PERA 78,563 78,563 Total Labor W/O A&G 0 70,266 8,297 78,563 166 502-6501-560.14-35 Retirement/F.P.P.A - 0 Total Labor W/O A&G 0 0 0 0 Prepared by NewGen Strategies and Solutions Page 5,qt 11 tsu Estes Park Power and Communications Schedule 2 Functional Unbundling of Test Year Revenue Requirement A B C D E F G H I J Line No. Account Account Description Test Year 2022 Adjustments Adjusted Test Year Allocation Factor Purchased Power Distribution Customer Total i6� 502-6501-560.14-41 Workers'Compensation 3,277 3,277 Total Labor W/O A&G 0 2,931 346 3,277 i6s 502-6501-560.14-90 Pension Benefit Expense - 0 Total Labor W/O A&G 0 0 0 0 169 502-6501-560.14-99 Salary Capital Contra Act - 0 Total Labor W/O A&G 0 0 0 0 vo Total Employer Benefits 234,278 - 234,278 - 209,537 24,742 234,278 vi 502-6501-560.21-01 Property 34,397 34,397 T ss Plant 0 34,397 0 34,397 i�z 502-6501-560.21-02 Liability 9,493 9,493 al lant 0 9,493 0 9,493 i�3 Total Insurance Premiums 43,891 - 43,891 - 43,891 - 43,891 i�a 502-6501-560.22-01 Auditing 24,504 24, RevReq 10,991 12,608 904 24,504 i�s 502-6501-560.22-02 Engineering 15,981 1 istribution 0 15,981 0 15,981 i�6 502-6501-560.22-06 Medical 2,267 2,2 otal Labor W/O A&G 0 2,028 239 2,267 in 502-6501-560.22-07 Recording Fees 266 266 Distribution 0 266 0 266 i�s 502-6501-560.22-08 Legal 26,634 6,634 Distribution 0 26,634 0 26,634 i�9 502-6501-560.22-09 Info Technology Services 129,996 T Labor W/O A&G 0 116,267 13,729 129,996 iso 502-6501-560.22-10 Bank Fees 2,663 &M W/O Fuel PP 57 2,314 292 2,663 isi 502-6501-560.22-24 GIS 42,615 ,615 Distribution 0 42,615 0 42,615 isz 502-6501-560.22-33 Data Processing - 0 NA 0 0 0 0 iss 502-6501-560.22-89 Utility Financial Studies - 0 NA 0 0 0 0 isa 502-6501-560.22-98 Other 64,789 4,789 Distribution 0 64,789 0 64,789 iss Total Prof.Services/Fees 309,715 309,715 11,048 283,502 15,164 309,715 is6 502-6501-560.23-01 Publication Fees ,458 7,458 Total Labor W/O A&G 0 6,670 788 7,458 is� Total Publishing 7,458 - 7,458 - 6,670 788 7,458 iss 502-6501-560.24-01 Equipment 0 NA 0 0 0 0 is9 502-6501-560.24-02 Real Property 95, 95,884 Distribution 0 95,884 0 95,884 i90 502-6501-560.24-03 Lease - 0 NA 0 0 0 0 i9i Total Rentals 95,884 - 95,884 - 95,884 - 95,884 i9z 502-6501-560.25-01 Maintenance Contracts 99,108 99,108 Total Gross Plant 0 99,108 0 99,108 193 502-6501-560.25-02 Buildings 1,065 1,065 Total Gross Plant 0 1,065 0 1,065 i9a 502-6501-560.25-03 Furniture/Fixtures 1,065 1,065 Total Gross Plant 0 1,065 0 1,065 i9s 502-6501-560.25-04 Vehcile Equipment 53,269 53,269 Total Labor W/O A&G 0 47,643 5,626 53,269 196 502-6501-560.25-OS Machinery/Tools 533 533 Distribution 0 533 0 533 i9� 502-6501-560.25-09 Vehicle Repairs-Fleet Shp 138,499 138,499 Total Labor W/O A&G 0 123,872 14,627 138,499 i9a 502-6501-560.25-44 Future Vehicle Purchase - 0 NA 0 0 0 0 199 502-6501-560.25-98 Other Equipment/Machinery 533 533 Distribution 0 533 0 533 zoo Total Repair and Maintenance 294,071 - 294,071 - 273,819 20,252 294,071 Prepared by NewGen Strategies and Solutions Page 6,qf 11 ZS I Estes Park Power and Communications Schedule 2 Functional Unbundling of Test Year Revenue Requirement A B C D E F G H I J Line No. Account Account Description Test Year 2022 Adjustments Adjusted Test Year Allocation Factor Purchased Power Distribution Customer Total zoi 502-6501-560.26-01 Office Supplies 21,307 21,307 Total Labor W/O A&G 0 19,057 2,250 21,307 zoz 502-6501-560.26-02 Postage 8,523 8,523 Total Labor W/O A&G 0 7,623 900 8,523 zo3 502-6501-560.26-03 Printing Forms 1,065 1,065 Total Labor O A&G 0 953 113 1,065 zoa 502-6501-560.26-06 Small Tools 533 533 Total L /O A&G 0 476 56 533 zos 502-6501-560.26-13 Medical 2,663 2,663 Tot W/O A&G 0 2,382 281 2,663 zo6 502-6501-560.26-14 Laboratory - 0 0 0 0 0 zo� 502-6501-560.26-15 Exhibit/Display 138,499 138,499 Custo 0 0 138,499 138,499 zoa 502-6501-560.26-17 Catering/Spec Circumstanc 4,261 4,26 Total Labor W/ 0 3,811 450 4,261 zo9 502-6501-560.26-23 Furniture/Fixtures 5,327 5, Tot Labor W/O A 0 4,764 563 5,327 zio 502-6501-560.26-25 Energy Efficiency 106,537 1 Labor W/O A&G 0 95,286 11,251 106,537 zii 502-6501-560.26-32 Data Processing Software 21,307 21,3 otal Labor W/O A&G 0 19,057 2,250 21,307 ziz 502-6501-560.26-33 Data Processing Equipment 10,654 10,654 Total Labor W/O A&G 0 9,529 1,125 10,654 zi3 502-6501-560.26-39 Fuel&Oil 53,269 ,269 I Labor W/O A&G 0 47,643 5,626 53,269 zia 502-6501-560.26-42 Office Equipment 3,196 T Labor W/O A&G 0 2,859 338 3,196 zis 502-6501-560.26-43 Heavy Equipment 2,131 1 tal Labor W/O A&G 0 1,906 225 2,131 zi6 502-6501-560.26-46 Communication Equipment 21,307 ,307 Total Labor W/O A&G 0 19,057 2,250 21,307 zi� Total Materials and Supplies 400,581 - 0,581 - 234,404 166,177 400,581 zis 502-6501-560.27-02 Uniform Allowance 2,131 2,131 Total Labor W/O A&G 0 1,906 225 2,131 zi9 502-6501-560.27-03 Vehicle Allowance - 0 NA 0 0 0 0 zzo 502-6501-560.27-04 Education/Training 1 12,784 Total Labor W/O A&G 0 11,434 1,350 12,784 zzi 502-6501-560.27-OS Member Dues/Subscriptions , 50 13,850 Total Labor W/O A&G 0 12,387 1,463 13,850 zzz 502-6501-560.27-06 Employee Recognition 3,729 3,729 Total Labor W/O A&G 0 3,335 394 3,729 zz3 502-6501-560.27-07 Mileage Reimbursement 533 533 Total Labor W/O A&G 0 476 56 533 zza 502-6501-560.27-10 Meal Reimbursement-Emerg. 2,131 Total Labor W/O A&G 0 1,906 225 2,131 zzs 502-6501-560.27-21 Employee Recruitment 0 NA 0 0 0 0 zz6 TotalJob Performance Expenses 35,157 - 35,157 - 31,444 3,713 35,157 zz� 502-6501-560.28-01 Telephone 8,523 8,523 Total Labor W/O A&G 0 7,623 900 8,523 zza 502-6501-560.28-02 Natural Gas 9,588 9,588 Total Labor W/O A&G 0 8,576 1,013 9,588 zz9 502-6501-560.28-03 Electrical Energy 56,465 56,465 Total Labor W/O A&G 0 50,502 5,963 56,465 z3o 502-6501-560.28-04 Water 4,794 4,794 Total Labor W/O A&G 0 4,288 506 4,794 z3i 502-6501-560.28-OS Sewer 1,598 1,598 Total Labor W/O A&G 0 1,429 169 1,598 z3z 502-6501-560.28-06 Trash Disposal 13,850 13,850 Total Labor W/O A&G 0 12,387 1,463 13,850 z33 Total Utility Expenditures 94,818 - 94,818 - 84,805 10,014 94,818 z3a 502-6501-560.29-06 Interest on Deposits 1,278 1,278 Customer 0 0 1,278 1,278 z3s 502-6501-560.29-08 Payment In Lieu Of Taxes 10,603 10,603 RevReq 4,756 5,456 391 10,603 Prepared by NewGen Strategies and Solutions Page�p{11 L Estes Park Power and Communications Schedule 2 Functional Unbundling of Test Year Revenue Requirement A B C D E F G H I J Line No. Account Account Description Test Year 2022 Adjustments Adjusted Test Year Allocation Factor Purchased Power Distribution Customer Total z36 502-6501-560.29-09 PUC Gross ReceiptTaxes 17,046 17,046 RevReq 7,646 8,771 629 17,046 z3� 502-6501-560.29-10 Franchise Fees 296,327 296,327 RevReq 132,918 152,475 10,934 296,327 z3a 502-6501-560.91-28 Housing - 0 NA 0 0 0 0 z39 Total Other Current Expenses 325,254 - 325,254 145,320 166,701 13,233 325,254 zao Total Administration/General 2,472,409 - 2,472,409 156,368 1,995,287 320,754 2,472,409 zai TOTAL CUSTOMER SERVICE 2,951,323 - 2,951,323 156,368 1,995,287 799,668 2,951,323 zaz Total O&M Expense 15,434,578 0 15,434, 8,296,764 6,338,146 799,668 15,434,578 za3 Total O&M Expense Excluding Purchased Power&Depr. 7,294,182 0 7,294,1 156,368 6,338,146 799,668 7,294,182 zaa Debt Service: zas 502-6700-470.22-10 BankFees - NA 0 0 0 0 za6 502-6700-470.29-67 Amort Exp/Bond Issue Cost - 0 NA 0 0 0 0 za� 502-6700-470.41-01 Principal on Bonds 400,000 ,000 Total Net Plant 0 400,000 0 400,000 zaa 502-6700-470.41-02 Interest on Bonds 191,300 1,300 Total Net Plant 0 191,300 0 191,300 za9 502-6700-470.41-OS Principal/Capital Lease - 0 NA 0 0 0 0 zso 502-6700-470.41-06 Interest/Capital Lease - 0 NA 0 0 0 0 zsi Total Debt Service 591,300 591,300 0 591,300 0 591,300 zsz OtherFunds zss 502-6600-491.90-01 General 98,043 1,998,043 Distribution 0 1,998,043 0 1,998,043 zsa 502-6600-491.90-04 Community Reinvestment - 0 NA 0 0 0 0 zss 502-6600-491.90-06 Medicallnsurance 0 NA 0 0 0 0 zs6 502-6600-491.90-07 Museum 0 NA 0 0 0 0 zs� 502-6600-491.90-29 Fire Service Fund - 0 NA 0 0 0 0 zss 502-6600-491.90-35 Vehicle Replacement - 0 NA 0 0 0 0 zs9 502-6600-491.92-31 Urban Renewal Authority - 0 NA 0 0 0 0 z6o Total Other Funds 1,998,043 0 1,998,043 0 1,998,043 0 1,998,043 z6i Change in Working Capital 112,267 112,267 0&M W/O Fuel PP 2,407 97,552 12,308 112,267 z6z Capital Paid from Current Earnings z6s 502-7001-580.32-22 Building Remodeling - 0 NA 0 0 0 0 z6a 502-7001-580.33-30 Station Equipment - 0 NA 0 0 0 0 z6s 502-7001-580.33-31 Furniture/Fixtures - 0 NA 0 0 0 0 Prepared by NewGen Strategies and Solutions Page 8,0�11 ZSJ Estes Park Power and Communications Schedule 2 Functional Unbundling of Test Year Revenue Requirement A B C D E F G H I J Line No. Account Account Description Test Year 2022 Adjustments Adjusted Test Year Allocation Factor Purchased Power Distribution Customer Total z66 502-7001-580.33-32 Office Equipment - 0 NA 0 0 0 0 z6� 502-7001-580.33-33 Data Processing Equipment - 0 NA 0 0 0 0 z6a 502-7001-580.33-34 Meters 106,537 106,537 Distribution 0 106,537 0 106,537 z69 502-7001-580.33-35 Transformers 159,806 159,806 Distri n 0 159,806 0 159,806 z�o 502-7001-580.33-36 Communication Equipment 170,460 170,460 To bor 0 152,458 18,002 170,460 z�i 502-7001-580.33-37 Laboratory Equipment - 0 A 0 0 0 0 z�z 502-7001-580.33-38 Shop Equipment - 0 0 0 0 0 z�3 502-7001-580.33-39 Stores Equipment - 0 NA 0 0 0 0 z�a 502-7001-580.33-41 Tools 26,634 26,634 Distributio 0 26,634 0 26,634 z�s 502-7001-580.33-98 Other Equipment 172,591 172, Distribution 0 172,591 0 172,591 z�6 502-7001-580.34-42 Trucks 372,881 3 otal Labor 0 333,502 39,380 372,881 zn 502-7001-580.34-98 Other Machinery/Equipment - NA 0 0 0 0 z�a 502-7001-580.35-SS Street Lights 21,307 21,307 Distribution 0 21,307 0 21,307 z�9 502-7001-580.35-56 Poles/Towers/Fixtures - 0 NA 0 0 0 0 zso 502-7001-580.35-57 Power Line Construction 312,732 istribution 0 312,732 0 312,732 zsi 502-7001-580.35-58 Inactive Underground - 0 NA 0 0 0 0 zsz 502-7001-580.35-59 Customer Service Lines 319,612 ,612 Customer 0 0 319,612 319,612 zs3 502-7001-580.35-62 UT System Master Plan - 0 NA 0 0 0 0 zsa 502-7001-580.35-66 Fiber Optic Install - 0 NA 0 0 0 0 zss 502-7001-580.37-01 Software Development 85,230 5,230 Distribution 0 85,230 0 85,230 zs6 Total Capital 1,747,792 ,747,792 0 1,370,798 376,994 1,747,792 zs� Subtotal Revenue Requirement 19 , 80 19,883,980 8,299,171 10,395,839 1,188,970 19,883,980 zsa Less Other Income zs9 Additional Heater 6 656 Customer 0 0 656 656 z90 Customer Contribution 319, 319,612 Distribution 0 319,612 0 319,612 z9i Investment Income 69,913 69,913 RevReq 31,360 35,974 2,580 69,913 z9z Info Technology Services 0 0 Customer 0 0 0 0 z93 Pole Rental 9,000 9,000 Distribution 0 9,000 0 9,000 z9a Vehicle Work Orders 0 0 Customer 0 0 0 0 z9s Field Work Orders 400,000 400,000 Customer 0 0 400,000 400,000 z96 Development Fees 0 0 Customer 0 0 0 0 z9� Meter Reading 40,000 40,000 Customer 0 0 40,000 40,000 z9a Buildings 0 0 Customer 0 0 0 0 z99 Other 50,000 50,000 Customer 0 0 50,000 50,000 soo Fiberoptic Lease 0 0 Customer 0 0 0 0 3oi Special Initial Reads 13,000 13,000 Customer 0 0 13,000 13,000 3oz Outdoor Area Lights 9,552 9,552 Distribution 0 9,552 0 9,552 Prepared by NewGen Strategies and Solutions Page 9,of 11 tS�F Estes Park Power and Communications Schedule 2 Functional Unbundling of Test Year Revenue Requirement A B C D E F G H I J Line No. Account Account Description Test Year 2022 Adjustments Adjusted Test Year Allocation Factor Purchased Power Distribution Customer Total sos Surge Arrestor 895 895 Distribution 0 895 0 895 3oa Write Off 2,608 2,608 Customer 0 0 2,608 2,608 3os Electric Metering 1,135 1,135 Distribution 0 1,135 0 1,135 306 Total Miscellaneous Revenue 916,372 0 916,372 31,360 376,168 508,844 916,372 30� Total Other Income 916,372 0 916,372 31,360 376,168 508,844 916,372 sos Forecasted Under-Recovery(per Financial Plan) 535,391 535,391 Distrib 0 535,391 0 535,391 309 Total O&M Expense 15,434,578 0 15,434, 8,296,764 6,338,146 799,668 15,434,578 sio Debt Service 591,300 0 5 0 591,300 0 591,300 sii Total Other Funds 1,998,043 0 1,998,0 0 1,998,043 0 1,998,043 siz Change in Working Capital 112,267 0 112,267 2,407 97,552 12,308 112,267 sis Capital Paid from Current Earnings 1,747,792 0 7,792 0 1,370,798 376,994 1,747,792 sia Less Other Income 916,372 0 31,360 376,168 508,844 916,372 3is Less Planned Under-Recovery(per Financial Plan) 535,391 0 5 1 0 535,391 0 535,391 3i6 Total Revenue Requirement 18,432,217 ,217 8,267,811 9,484,280 680,126 18,432,217 sv ALLOCATION FACTOR 3is Direct Assignment Allocators 319 1 0 0 1 szo Purchased Power Function Purchased Power 100% 0% 0% 100% 321 0 1 0 1 szz Distribution Function Distribution 0% 100% 0% 100% 323 0 0 1 1 sza Customer Function Customer 0% 0% 100% 100% szs Derived Allocations 326 1 0 0 1 sz� Purchased PowerAllocation Purchased PowerAllocation 100% 0% 0% 100% 3zs 8,267,811 9,484,280 680,126 18,432,217 3z9 Total Revenue Requirement RevReq 45% 51% 4% 100% 330 0 1 0 1 sai Total Capital Total Capital 0% 100% 0% 100% 332 0 1 0 1 sas Total Debt Total Debt 0% 100% 0% 100% Prepared by NewGen Strategies and Solutions Page 10.�11 tS Estes Park Power and Communications Schedule 2 Functional Unbundling of Test Year Revenue Requirement A B C D E F G H I J Line No. Account Account Description Test Year 2022 Adjustments Adjusted Test Year Allocation Factor Purchased Power Distribution Customer Total saa 0 2,525,363 298,193 2,823,555 33s Total Labor(Includes Cust.Billing xfer) Total Labor 0% 89% 11% 100% sae Purchased Power 0 0 337 Transmission 0 s3a Distribution 1,963,341 1,963,341 339 Customer Service 231,830 231,830 sao Subtotal 0 1,963,341 231,830 2,195,171 3ai Total Labor WithoutA&G Total Labor &G 0% 89% 11% 100% saz 8,296,764 6,338,146 799,668 15,434,578 3a3 Tota10&M 0&M 54% 41% 5% 100% saa 156,368 6,338,146 799,668 7,294,182 3as Total 0&M without the Purchased Power cost from PRPA 0&M W/O Fuel PP 2% 87% 11% 100% sa6 0 16,110,397 0 16,110,397 3a� Total Net Plant otal Net Plant 0% 100% 0% 100% Prepared by NewGen Strategies and Solutions Page 11,of 11 tSb Estes Park Power and Communications Schedule 3 Classification of Purchased Power Costs A B C D E F G H I J K L M N O Renewable Renewable Demand Energy Energy Non- tariff 7 Intermittent Demand Non- Demand Line No. Account Account Description Test Year 2022 Allocation Factor Customer GFT&Other Summer(En) Summer(En) Adder Adder Smmer(D) Summer(D) Transmission DA RMNP Total i Operation and Maintenance E� z Purchased Power a 502-6100-520.25-08 PurchasedPowerSupply 8,140,396 PP 509,556 0 1,360,770 3,217,705 0 385,609 432,250 715,416 1,519,087 0 5,140,396 a 502-6100-520.25-18 Wind Power - NA 0 0 0 0 0 0 0 0 0 0 0 5 502-6100-520.25-19 WheelingChgs-FRHydro - NA 0 0 0 0 0 0 0 0 0 0 0 s Total Purchased Power 8,140,396 509,556 - 1,360,770 3,217,705 - 385,609 432,250 715,416 1,519,087 - 5,140,396 � TOTAL PURCHASED POWER 8,140,396 509,556 - 1,360,770 3,217, - 385,609 432,250 715,416 1,519,087 - 5,140,396 s Distribution s 502-6301-540.11-01 Supervisors - NA 0 0 0 0 0 0 0 0 0 0 io 502-6301-540.11-02 Regular5taff - NA 0 0 0 0 0 0 0 0 0 0 n 502-6301-540.11-03 Seasonal5taff - NA 0 0 0 0 0 0 0 0 0 iz 502-6301-540.11-04 Staff Overtime - NA 0 0 0 0 0 0 0 0 0 0 is 502-6301-540.11-05 SeasonalOvertime - NA 0 0 0 0 0 0 0 0 0 0 ia Total Personal5ervires/Salaries 0 0 0 0 0 0 0 0 0 0 0 is 502-6301-540.13-01 Cell Phone - NA 0 0 0 0 0 0 0 0 0 0 i5 502-6301-540.13-03 VehideAllowance - NA 0 0 0 0 0 0 0 0 0 0 v TotalAdditionalCompensa[ion - NA 0 0 0 0 0 0 0 0 0 is 502-6301-540.14-11 Medicallnsurance - NA 0 0 0 0 0 0 0 0 0 0 0 i5 502-6301-540.14-12 Life Insurance - NA 0 0 0 0 0 0 0 0 0 0 zo 502-6301-540.14-14 EmployeeAssistanceProg - NA 0 0 0 0 0 0 0 0 0 0 0 u 502-6301-540.14-15 Dentallnsurance - NA 0 0 0 0 0 0 0 0 0 0 0 zz 502-6301-540.14-16 Visionlnsurance - NA 0 0 0 0 0 0 0 0 0 0 0 zs 502-6301-540.14-17 MASA - NA 0 0 0 0 0 0 0 0 0 za 502-6301-540.14-18 Telephone Doc - NA 0 0 0 0 0 0 0 0 0 zs 502-6301-540.1441 Taxes/FlCA-Medicare - 0 0 0 0 0 0 0 0 0 0 z5 502-6301-540.14-31 Retirement/ICMA401(A) - 0 0 0 0 0 0 0 0 0 0 z� 502-6301-540.14-32 Retirement/PERA - NA 0 0 0 0 0 0 0 0 0 0 zs 502-6301-540.14-41 Workers'Compensation NA 0 0 0 0 0 0 0 0 0 0 0 z5 502-6301-540.14-90 Pension Benefit Expense - NA 0 0 0 0 0 0 0 0 0 0 0 30 502-6301-540.14-99 Salary Capital Contra Act - NA 0 0 0 0 0 0 0 0 0 0 0 ai Total Employer Benefits 0 0 0 0 0 0 0 0 0 0 0 0 3z 502-6301-540.21-01 Property 0 NA 0 0 0 0 0 0 0 0 0 0 0 as 502-6301-540.21-02 Liability 0 NA 0 0 0 0 0 0 0 0 0 0 0 aa 502-6301-540.21-50 Unemployment 0 NA 0 0 0 0 0 0 0 0 0 0 0 as Total Insurance Premiums - - - - - - - - - - - - 35 502-6301-540.22-02 Engineering - NA 0 0 0 0 0 0 0 0 0 0 0 a� 502-6301-540.22-13 Contract/Skilled Services - NA 0 0 0 0 0 0 0 0 0 0 0 as 502-6301-540.22-14 Lab Testing - NA 0 0 0 0 0 0 0 0 0 0 0 a5 502-6301-540.2244 GIS - NA 0 0 0 0 0 0 0 0 0 0 0 ao 502-6301-540.22-26 Insurance Calims - NA 0 0 0 0 0 0 0 0 0 0 0 ai 502-6301-540.22-30 Land Use Fees - NA 0 0 0 0 0 0 0 0 0 0 0 az 502-6301-540.22-98 Other - NA 0 0 0 0 0 0 0 0 0 0 0 as TotalProf.Services/Fees - - - - - - - - - - - - aa 502-6301-540.24-02 Real Property - NA 0 0 0 0 0 0 0 0 0 0 0 as Total Rentals - 0 0 0 0 0 0 0 0 0 0 0 Prepared by NewGen Strategies and Solu[ions Pa�¢iof 8 0/ Estes Park Power and Communications Schedule 3 Classification of Purchased Power Costs A B C D E F G H I J K L M N O Renewable Renewable Demand Energy Energy Non- tariff 7 Intermittent Demand Non- Demand Line No. Account Account Description Test Year 2022 Allocation Factor Customer GFT&Other Summer(En) Summer(En) Adder Adder Smmer(D) Summer(D) Transmission DA RMNP Total a5 502-6301-54025-01 Maintenance Contracts - NA 0 0 0 0 0 0 0 0 0 0 0 a7 502-6301-54025-02 Buildings - NA 0 0 0 0 0 0 0 0 0 0 0 as 502-6301-54025-05 Machinery/Tools - NA 0 0 0 0 0 0 0 0 0 0 0 a9 502-6301-540.25-06 Meters - NA 0 0 0 0 0 0 0 0 0 0 0 so 502-6301-54025-07 Transformer - NA 0 0 0 0 0 0 0 0 0 0 0 si 502-6301-54025-08 Laboratory - NA 0 0 0 0 0 0 0 0 0 0 0 sz 502-6301-540.25-30 Street Lights - NA 0 0 0 0 0 0 0 0 0 0 53 502-6301-540.25-31 Substation - NA 0 0 0 0 0 0 0 0 0 0 sa 502-6301-54015-32 Power Line Maintenance - NA 0 0 0 0 0 0 0 0 0 0 0 ss 502-6301-540.25-33 Inactive Underground Main - NA 0 0 0 0 0 0 0 0 0 0 55 502-6301-54025-34 Customer5erviceLines - NA 0 0 0 0 0 0 0 0 0 0 s� 502-6301-540.25-98 OtherEquipment/Machinery - NA 0 0 0 0 0 0 0 0 0 ss Total Repair and Maintenance 0 0 0 0 0 0 0 0 0 0 0 s9 502-6301-54016-01 Office Supplies - NA 0 0 0 0 0 0 0 0 0 0 so 502-6301-54016-04 Freight/Shipping - NA 0 0 0 0 0 0 0 0 0 0 0 si 502-6301-54016-OS lanitorial - NA 0 0 0 0 0 0 0 0 0 0 sz 502-6301-54016-06 SmallTools - NA 0 0 0 0 0 0 0 0 0 0 sa 502-6301-54016-07 Small Hardware - NA 0 0 0 0 0 0 0 0 0 sa 502-6301-54016-19 Traffic Control - NA 0 0 0 0 0 0 0 0 0 ss 502-6301-54016-20 Electrical - NA 0 0 0 0 0 0 0 0 0 0 0 s5 502-6301-54016-33 Data Processing Equipment - NA 0 0 0 0 0 0 0 0 0 0 s� 502-6301-54016-34 Meters - NA 0 0 0 0 0 0 0 0 0 0 ss 502-6301-54016-48 Shop Equipment - NA 0 0 0 0 0 0 0 0 0 0 0 s9 502-6301-54016-55 Street Lights - NA 0 0 0 0 0 0 0 0 0 0 0 �0 502-6301-54016-57 Overhead Lines - NA 0 0 0 0 0 0 0 0 0 0 Total Materials and Supplies 0 �i 502-6301-54017-01 Personal5afety Equipment - 0 0 0 0 0 0 0 0 0 0 n 502-6301-54017-03 VehicleAllowance - NA 0 0 0 0 0 0 0 0 0 0 �a 502-6301-54017-04 Education/Training - NA 0 0 0 0 0 0 0 0 0 0 0 �a 502-6301-540.27-06 Employee Recognition - NA 0 0 0 0 0 0 0 0 0 0 0 �s 502-6301-54017-07 Mileage Reimbursement - NA 0 0 0 0 0 0 0 0 0 0 0 �5 502-6301-54017-21 Employee Recruitment - 0 0 0 0 0 0 0 0 0 0 0 n Total lob Performance Expenses 0 0 0 0 0 0 0 0 0 0 0 0 �s 502-6301-540.29-90 Short/Overinventory Acct - NA 0 0 0 0 0 0 0 0 0 0 0 �9 502-6301-540.29-95 Depreciation - NA 0 0 0 0 0 0 0 0 0 0 0 so 502-6301-540.29-97 Accumulated Pant - NA 0 0 0 0 0 0 0 0 0 0 0 Total OtherCurrent Expenses 0 s1 TOTAL DISTRIBUTION 0 NA 0 0 0 0 0 0 0 0 0 0 0 az Customer5ervices Current Expenditures sa 502-6401-550.11-01 Supervisoa - NA 0 0 0 0 0 0 0 0 0 0 0 sa 502-6401-550.11-02 RegularStaff - NA 0 0 0 0 0 0 0 0 0 0 0 as 502-6401-550.11-03 SeasonalStaff - NA 0 0 0 0 0 0 0 0 0 0 0 s5 502-6401-550.11-04 Staff Overtime - NA 0 0 0 0 0 0 0 0 0 0 0 s� 502-6401-550.11-OS SeasonalOvertime - NA 0 0 0 0 0 0 0 0 0 0 0 as Total Personal Service/Salaries - - - - - - - - - - - - Prepared by NewGen Strategies and Solu[ions Pa�d of 8 O Estes Park Power and Communications Schedule 3 Classification of Purchased Power Costs A B C D E F G H I J K L M N O Renewable Renewable Demand Energy Energy Non- tariff 7 Intermittent Demand Non- Demand Line No. Account Account Description Test Year 2022 Allocation Factor Customer GFT&Other Summer(En) Summer(En) Adder Adder Smmer(D) Summer(D) Transmission DA RMNP Total s9 502-6401-550.13-01 Cell Phone - NA 0 0 0 0 0 0 0 0 0 0 0 so 502-6401-550.13-03 VehicleAllowance - NA 0 0 0 0 0 0 0 0 0 0 0 si TotalAdditionalCompensation - - - - - - - - - - - - sz 502-6401-550.14-11 Medicallnsurance - NA 0 0 0 0 0 0 0 0 0 0 0 sa 502-6401-550.14-12 Life Insurance - NA 0 0 0 0 0 0 0 0 0 0 0 sa 502-6401-550.14-14 Employee Assistance Prog - NA 0 0 0 0 0 0 0 0 0 0 ss 502-6401-550.14-15 Dentallnsurance - NA 0 0 0 0 0 0 0 0 0 0 96 502-6401-550.14-16 Vision Insurance - NA 0 0 0 0 0 0 0 0 0 0 0 s7 502-6401-550.14-17 MASA - NA 0 0 0 0 0 0 0 0 0 0 ss 502-6401-550.14-18 Telephone Doc - NA 0 0 0 0 0 0 0 0 0 0 99 502-6401-550.14-21 Taxes/FICA-Medicare - NA 0 0 0 0 0 0 0 0 0 ioo 502-6401-550.14-31 Retirement/ICMA401(A) - NA 0 0 0 0 0 0 0 0 0 0 ioi 502-6401-550.14-32 Retirement/PERA - NA 0 0 0 0 0 0 0 0 0 0 ioz 502-6401-550.14-41 Workers'Compensation - NA 0 0 0 0 0 0 0 0 0 0 ios 502-6401-550.14-90 Pension Benefit Expense - NA 0 0 0 0 0 0 0 0 0 0 0 ioa 502-6401-550.14-99 Salary Capital Contra Act - NA 0 0 0 0 0 0 0 0 0 0 ios Total Employer Benefits - - - - - - - - - - - ios 502-6401-55011-02 Liability - NA 0 0 0 0 0 0 0 0 0 io� 502-6401-550.21-50 Unemployment - NA 0 0 0 0 0 0 0 0 0 0 0 ios Total Insurance Premiums - - - - - - - - - - - ioe 502-6401-55022-09 InfoTechnology5ervices - NA 0 0 0 0 0 0 0 0 0 0 0 iio 502-6401-55012-10 Bank Fees - NA 0 0 0 0 0 0 0 0 0 0 0 iii 502-6401-55012-13 Contract/Skilled Services - NA 0 0 0 0 0 0 0 0 0 0 iia 502-6401-55012-26 Insurance Claims - NA 0 0 0 0 0 0 0 0 0 iis 502-6401-55012-98 Other - N 0 0 0 0 0 0 0 0 0 0 iia TotalProf.Services/Fees - - - - - - - - - - - iis 502-6401-55023-01 Publication Fees - NA 0 0 0 0 0 0 0 0 0 0 0 iis Total Publishing - - - - - - - - - - - - iv 502-6401-55014-01 Equipment - 0 0 0 0 0 0 0 0 0 0 0 iis 502-6401-55014-03 Lease - 0 0 0 0 0 0 0 0 0 0 0 iie Total Rentals - - - - - - - - - - - - izo 502-6401-550.25-01 Maintenance Contracts - NA 0 0 0 0 0 0 0 0 0 0 0 iu 502-6401-55025-03 Furniture/Fixtures - NA 0 0 0 0 0 0 0 0 0 0 0 izz 502-6401-550.25-98 OtherEquipment/Machinery - NA 0 0 0 0 0 0 0 0 0 0 0 izs Total Repair and Maintenance - - - - - - - - - - - - iza 502-6401-55016-01 Office Supplies - NA 0 0 0 0 0 0 0 0 0 0 0 izs 502-6401-55016-02 Postage - NA 0 0 0 0 0 0 0 0 0 0 0 izs 502-6401-55016-03 Printing Forms - NA 0 0 0 0 0 0 0 0 0 0 0 m 502-6401-55016-04 Freight/Shipping - NA 0 0 0 0 0 0 0 0 0 0 0 izs 502-6401-55016-17 Catering/Spec Circumstanc - NA 0 0 0 0 0 0 0 0 0 0 0 ize 502-6401-55016-23 Furniture/Fixtures - NA 0 0 0 0 0 0 0 0 0 0 0 iso 502-6401-55016-32 DataProcessing5oftware - NA 0 0 0 0 0 0 0 0 0 0 0 isi 502-6401-55016-33 Data Processing Equipment - NA 0 0 0 0 0 0 0 0 0 0 0 isa 502-6401-55016-42 Office Equipment - NA 0 0 0 0 0 0 0 0 0 0 0 Prepared by NewGen Strategies and Solu[ions Pa�¢r3 of 8 O� Estes Park Power and Communications Schedule 3 Classification of Purchased Power Costs A B C D E F G H I J K L M N O Renewable Renewable Demand Energy Energy Non- tariff 7 Intermittent Demand Non- Demand Line No. Account Account Description Test Year 2022 Allocation Factor Customer GFT&Other Summer(En) Summer(En) Adder Adder Smmer(D) Summer(D) Transmission DA RMNP Total iss 502-6401-55016-46 Communication Equipment - NA 0 0 0 0 0 0 0 0 0 0 0 isa Total Materials and Supplies - - - - - - - - - - - - iss 502-6401-55027-04 Education/Training - NA 0 0 0 0 0 0 0 0 0 0 0 iss 502-6401-55027-OS Member Dues/Subscriptions - NA 0 0 0 0 0 0 0 0 0 0 0 is� 502-6401-55027-06 Employee Recognition - NA 0 0 0 0 0 0 0 0 0 0 0 iss 502-6401-55017-07 Mileage Reimbursement - NA 0 0 0 0 0 0 0 0 0 0 0 ise 502-6401-55017-21 Employee Recruitment - NA 0 0 0 0 0 0 0 0 0 0 iao TotaUob Performance Expenses - - - - - - - - - - - - iai 502-6401-55019-07 Uncollectible Accounts - NA 0 0 0 0 0 0 0 0 0 0 iaa 502-6401-55019-25 Promotion - NA 0 0 0 0 0 0 0 0 0 0 ias 502-6401-55019-31 Uncollected Taxes - NA 0 0 0 0 0 0 0 0 0 iaa Total Other Current Expenses - - - - - - - - - - ias Total Current Expenditures - - - - - - - - - - - Ad mi n i stretio n/G enerel ias 502-6501-560.11-01 Supervisoa - NA 0 0 0 0 0 0 0 0 0 0 ia� 502-6501-560.11-02 RegularStaff - NA 0 0 0 0 0 0 0 0 0 ias 502-6501-560.11-03 SeasonalStaff - NA 0 0 0 0 0 0 0 0 0 iae 502-6501-560.11-04 Staff Overtime - NA 0 0 0 0 0 0 0 0 0 0 0 iso TotalPersonalService/Salaries - - - - - - - - - - - isi 502-6501-560.13-01 Cell Phone - NA 0 0 0 0 0 0 0 0 0 0 0 isa 502-6501-560.13-03 VehicleAllowance - NA 0 0 0 0 0 0 0 0 0 0 0 iss TotalAdditionalCompensation - - - - - - - - - - isa 502-6501-560.14-11 Medicallnsurance - N 0 0 0 0 0 0 0 0 0 0 iss 502-6501-560.14-12 Lifelnsurance - 0 0 0 0 0 0 0 0 0 0 iss 502-6501-560.14-14 Employee Assistance Prog - NA 0 0 0 0 0 0 0 0 0 0 is� 502-6501-560.14-15 Dentallnsurance - NA 0 0 0 0 0 0 0 0 0 0 0 iss 502-6501-560.14-16 Vision Insurance - NA 0 0 0 0 0 0 0 0 0 0 0 155 502-6501-560.14-17 MASA - NA 0 0 0 0 0 0 0 0 0 0 0 iso 502-6501-560.14-18 Telephone Doc - 0 0 0 0 0 0 0 0 0 0 0 isi 502-6501-560.14-21 Taxes/FICA-Medicare - 0 0 0 0 0 0 0 0 0 0 0 isa 502-6501-560.14-31 Retirement/ICMA401(A) - NA 0 0 0 0 0 0 0 0 0 0 0 iss 502-6501-560.14-32 Retirement/PERA - NA 0 0 0 0 0 0 0 0 0 0 0 isa 502-6501-560.14-35 Retirement/F.P.P.A - NA 0 0 0 0 0 0 0 0 0 0 0 iss 502-6501-560.14-41 Workers'Compensation - NA 0 0 0 0 0 0 0 0 0 0 0 iss 502-6501-560.14-90 Pension Benefit Expense - NA 0 0 0 0 0 0 0 0 0 0 0 is� 502-6501-560.14-99 Salary Capital Contra Act - NA 0 0 0 0 0 0 0 0 0 0 0 iss Total Employer Benefits - - - - - - - - - - - - is9 502-6501-560.21-01 Property - NA 0 0 0 0 0 0 0 0 0 0 0 vo 502-6501-56011-02 Liability - NA 0 0 0 0 0 0 0 0 0 0 0 vi Total Insurance Premiums - - - - - - - - - - - - General Fund Transfer& va 502-6501-56012-01 Auditing 10,991 Other 0 10,991 0 0 0 0 0 0 0 0 10,991 vs 502-6501-56012-02 Engineering - NA 0 0 0 0 0 0 0 0 0 0 0 va 502-6501-56012-06 Medical - NA 0 0 0 0 0 0 0 0 0 0 0 Prepared by NewGen Strategies and Solu[ions Pa�l1 of 8 �u Estes Park Power and Communications Schedule 3 Classification of Purchased Power Costs A B C D E F G H I J K L M N O Renewable Renewable Demand Energy Energy Non- tariff 7 Intermittent Demand Non- Demand Line No. Account Account Description Test Year 2022 Allocation Factor Customer GFT&Other Summer(En) Summer(En) Adder Adder Smmer(D) Summer(D) Transmission DA RMNP Total i�s 502-6501-560.22-07 Recording Fees - NA 0 0 0 0 0 0 0 0 0 0 0 vs 502-6501-56012-08 Legal - NA 0 0 0 0 0 0 0 0 0 0 0 v� 502-6501-56012-09 InfoTechnology5ervices - NA 0 0 0 0 0 0 0 0 0 0 0 General Fund Transfer& vs 502-6501-56012-10 BankFees 57 Other 0 57 0 0 0 0 0 0 0 0 57 175 502-6501-560.22-24 GIS - NA 0 0 0 0 0 0 0 0 0 0 0 iso 502-6501-560.22-33 Data Processing - NA 0 0 0 0 0 0 0 0 0 0 0 isi 502-6501-56012-89 UtilityFinancialStudies - NA 0 0 0 0 0 0 0 0 0 0 iaz 502-6501-560.22-98 Other - NA 0 0 0 0 0 0 0 0 0 0 ias TotalProf.Services/Fees 11,048 - 11,048 - - - - - - - - 11,048 isa 502-6501-560.23-01 Publication Fees - NA 0 0 0 0 0 0 0 0 0 0 ias Total Publishing - - - - - - - - - - ias 502-6501-56014-01 Equipment - NA 0 0 0 0 0 0 0 0 0 0 is� 502-6501-56014-02 Real Property - NA 0 0 0 0 0 0 0 0 0 0 iss 502-6501-560.24-03 Lease - NA 0 0 0 0 0 0 0 0 0 0 0 ise Total Rentals - - - - - - - - - - - i90 502-6501-560.25-01 Maintenance Contracts - NA 0 0 0 0 0 0 0 0 0 191 502-6501-560.25-02 Buildings - NA 0 0 0 0 0 0 0 0 0 iea 502-6501-56015-03 Furniture/Fixtures - NA 0 0 0 0 0 0 0 0 0 0 0 ies 502-6501-56015-04 Vehcile Equipment - NA 0 0 0 0 0 0 0 0 0 0 i9a 502-6501-560.25-OS Machinery/Tools - NA 0 0 0 0 0 0 0 0 0 0 ies 502-6501-56015-09 VehicleRepairs-FleetShp - NA 0 0 0 0 0 0 0 0 0 0 0 ies 502-6501-56015-44 Future Vehicle Purchase - NA 0 0 0 0 0 0 0 0 0 0 0 ie� 502-6501-56015-98 OtherEquipment/Machinery - NA 0 0 0 0 0 0 0 0 0 0 ies Total Repair and Maintenance - - - - - - - - - - - 199 502-6501-56016-01 OfficeSupplies - 0 0 0 0 0 0 0 0 0 0 zoo 502-6501-560.26-02 Postage - A 0 0 0 0 0 0 0 0 0 0 zoi 502-6501-560.26-03 Printing Forms - NA 0 0 0 0 0 0 0 0 0 0 0 zoz 502-6501-560.26-06 SmallTools - NA 0 0 0 0 0 0 0 0 0 0 0 aos 502-6501-56016-13 Medical - NA 0 0 0 0 0 0 0 0 0 0 0 zoa 502-6501-560.26-14 Laboratory - 0 0 0 0 0 0 0 0 0 0 0 zos 502-6501-560.26-15 Exhibit/Display - 0 0 0 0 0 0 0 0 0 0 0 aos 502-6501-56016-17 Catering/Spec Circumstanc - NA 0 0 0 0 0 0 0 0 0 0 0 am 502-6501-56016-23 Furniture/Fixtures - NA 0 0 0 0 0 0 0 0 0 0 0 aos 502-6501-56016-25 Energy Efficiency - NA 0 0 0 0 0 0 0 0 0 0 0 zo9 502-6501-560.26-32 DataProcessing5oftware - NA 0 0 0 0 0 0 0 0 0 0 0 no 502-6501-56016-33 Data Processing Equipment - NA 0 0 0 0 0 0 0 0 0 0 0 zii 502-6501-56016-39 Fuel&Oil - NA 0 0 0 0 0 0 0 0 0 0 0 zia 502-6501-56016-42 Office Equipment - NA 0 0 0 0 0 0 0 0 0 0 0 zis 502-6501-56016-43 Heavy Equipment - NA 0 0 0 0 0 0 0 0 0 0 0 na 502-6501-56016-46 Communication Equipment - NA 0 0 0 0 0 0 0 0 0 0 0 zis Total Materials and Supplies - - - - - - - - - - - - ns 502-6501-56017-02 Uniform Allowance - NA 0 0 0 0 0 0 0 0 0 0 0 zv 502-6501-56017-03 VehicleAllowance - NA 0 0 0 0 0 0 0 0 0 0 0 na 502-6501-56017-04 Education/Training - NA 0 0 0 0 0 0 0 0 0 0 0 aie 502-6501-56017-OS Member Dues/Subscriptions - NA 0 0 0 0 0 0 0 0 0 0 0 zzo 502-6501-560.27-06 Employee Recognition - NA 0 0 0 0 0 0 0 0 0 0 0 Prepared by NewGen Strategies and Solu[ions Pa�,G of 8 71 Estes Park Power and Communications Schedule 3 Classification of Purchased Power Costs A B C D E F G H I J K L M N O Renewable Renewable Demand Energy Energy Non- tariff 7 Intermittent Demand Non- Demand Line No. Account Account Description Test Year 2022 Allocation Factor Customer GFT&Other Summer(En) Summer(En) Adder Adder Smmer(D) Summer(D) Transmission DA RMNP Total zu 502-6501-56017-07 Mileage Reimbursement - NA 0 0 0 0 0 0 0 0 0 0 0 zzz 502-6501-560.27-10 Meal Reimbursement-Emerg. - NA 0 0 0 0 0 0 0 0 0 0 0 azs 502-6501-56017-21 Employee Recruitment - NA 0 0 0 0 0 0 0 0 0 0 0 aza TotaUob Performance Expenses - - - - - - - - - - - - azs 502-6501-56018-01 Telephone - NA 0 0 0 0 0 0 0 0 0 0 0 azs 502-6501-56018-02 Natural Gas - NA 0 0 0 0 0 0 0 0 0 0 0 m 502-6501-56018-03 Electrical Energy - NA 0 0 0 0 0 0 0 0 0 0 azs 502-6501-56018-04 Water - NA 0 0 0 0 0 0 0 0 0 0 aze 502-6501-56018-OS Sewer - NA 0 0 0 0 0 0 0 0 0 0 0 aso 502-6501-56018-06 Trash Disposal - NA 0 0 0 0 0 0 0 0 0 0 asi Total Utility Expenditures - - - - - - - - - - asa 502-6501-56019-06 InterestonDeposits - NA 0 0 0 0 0 0 0 0 0 0 General Fund Transfer& ass 502-6501-56019-08 Paymentln Lieu OfTaxes 4,756 Other 0 4,756 0 0 0 0 0 0 0 4,756 General Fund Transfer& zsa 502-6501-56019-09 PUCGrossReceiptTaxes 7,646 Other 0 7,6 0 0 0 0 0 0 0 0 7,646 General Fund Transfer& zss 502-6501-56019-10 Franchise Fees 132,918 Other 0 132, 0 0 0 0 0 0 0 132,918 zss 502-6501-560.91-28 Housing - NA 0 0 0 0 0 0 0 0 0 zs� Total OtherCurrent Expenses 145,320 - 145,32 - - - - - - - - 145,320 zss TotalAdministration/General 156,368 56,368 - - - - - - - - 156,368 z35 TOTAL NSTOMER SERVICE 156,368 - 56,368 - - - - - - - - 156,368 Total O&M Expense without zao Depr.Exp. 8,296,764 156,368 1,360,770 3,217,708 0 385,609 432,250 715,416 1,519,087 0 8,296,764 Total O&M Ezpense Excluding zai Purchased Power&Depr. 156,368 0 156,368 0 0 0 0 0 0 0 0 156,368 aaa Debt Service: aas 502-6700-47012-10 Bank Fees - 0 0 0 0 0 0 0 0 0 0 0 aaa 502-6700-47019-67 Amort Exp/Bond Issue Cost - 0 0 0 0 0 0 0 0 0 0 0 zas 502-6700-470.41-01 Principal on Bonds - NA 0 0 0 0 0 0 0 0 0 0 0 zas 502-6700-470.41-02 Interest on Bonds - NA 0 0 0 0 0 0 0 0 0 0 0 aa� 502-6700-470.41-OS Principal/Capital Lease - NA 0 0 0 0 0 0 0 0 0 0 0 aas 502-6700-470.41-06 Interest/Capital Lease - NA 0 0 0 0 0 0 0 0 0 0 0 za9 TotalDebtService 0 0 0 0 0 0 0 0 0 0 0 0 zso OtherFunds General Fund Transfer& asi 502-6600-491.90-01 General - Other 0 0 0 0 0 0 0 0 0 0 0 asa 502-6600-491.90-04 Community Reinvestment - NA 0 0 0 0 0 0 0 0 0 0 0 ass 502-6600-491.90-06 Medicallnsurance - NA 0 0 0 0 0 0 0 0 0 0 0 zsa 502-6600-491.90-07 Museum - NA 0 0 0 0 0 0 0 0 0 0 0 ass 502-6600-491.90-29 Fire Service Fund - NA 0 0 0 0 0 0 0 0 0 0 0 ass 502-6600-491.90-35 Vehicle Replacement - NA 0 0 0 0 0 0 0 0 0 0 0 zs� 502-6600-491.92-31 Urban Renewal Authority - NA 0 0 0 0 0 0 0 0 0 0 0 zss Total OtherFunds 0 0 0 0 0 0 0 0 0 0 0 0 Prepared by NewGen Strategies and Solu[ions Pa�.C�of 8 7L Estes Park Power and Communications Schedule 3 Classification of Purchased Power Costs A B C D E F G H I J K L M N O Renewable Renewable Demand Energy Energy Non- tariff 7 Intermittent Demand Non- Demand Line No. Account Account Description Test Year 2022 Allocation Factor Customer GFT&Other Summer(En) Summer(En) Adder Adder Smmer(D) Summer(D) Transmission DA RMNP Total General Fund Transfer& zss Change in Working Capital 2,407 Other 0 2,407 0 0 0 0 0 0 0 0 2,407 zso Capital Paid from Current Earnings zsi 502-7001-580.32-22 Building Remodeling - NA 0 0 0 0 0 0 0 0 0 0 0 zsz 502-7001-580.33-30 Station Equipment - NA 0 0 0 0 0 0 0 0 0 0 0 ass 502J001-58033-31 Furniture/Fixtures - NA 0 0 0 0 0 0 0 0 0 0 asa 502J001-58033-32 Office Equipment - NA 0 0 0 0 0 0 0 0 0 0 zss 502-7001-580.33-33 Data Processing Equipment - NA 0 0 0 0 0 0 0 0 0 0 0 zss 502-7001-580.33-34 Meters - NA 0 0 0 0 0 0 0 0 0 0 as� 502J001-58033-35 Transformea - NA 0 0 0 0 0 0 0 0 0 0 zss 502-7001-580.33-36 Communication Equipment - NA 0 0 0 0 0 0 0 0 0 ase 502J001-58033-37 Laboratory Equipment - NA 0 0 0 0 0 0 0 0 0 0 z�o 502-7001-580.33-38 Shop Equipment - NA 0 0 0 0 0 0 0 0 0 0 zn 502J001-58033-39 Stores Equipment - NA 0 0 0 0 0 0 0 0 0 0 z7z 502-7001-580.33-41 Tools - NA 0 0 0 0 0 0 0 0 0 0 0 vs 502J001-58033-98 OtherEquipment - NA 0 0 0 0 0 0 0 0 0 0 z74 502-7001-580.34-42 Trucks - NA 0 0 0 0 0 0 0 0 0 0 vs 502J001-58034-98 OtherMachinery/Equipment - NA 0 0 0 0 0 0 0 0 0 vs 502J001-58035-55 Street Lights - NA 0 0 0 0 0 0 0 0 0 zn 502-7001-580.35-56 Poles/Towers/Fixtures - NA 0 0 0 0 0 0 0 0 0 0 0 vs 502J001-58035-57 Power Line Construction - NA 0 0 0 0 0 0 0 0 0 0 z�9 502-7001-580.35-58 Inactive Underground - NA 0 0 0 0 0 0 0 0 0 0 zao 502J001-58035-59 Customer5erviceLines - NA 0 0 0 0 0 0 0 0 0 0 0 zai 502-7001-580.35-62 UT System Master Plan - NA 0 0 0 0 0 0 0 0 0 0 0 zaz 502-7001-580.35-66 Fiber Optic Install - NA 0 0 0 0 0 0 0 0 0 0 zas 502J001-58037-01 Software Development - NA 0 0 0 0 0 0 0 0 0 zea Total Capital 0 0 0 0 0 0 0 0 0 0 0 zas Subtotal Revenue Requirement 8,299,171 09,5 158,775 1,360,770 3,217,708 0 385,609 432,250 715,416 1,519,087 0 8,299,171 aes Less Other Income ae� Additional Heater - NA 0 0 0 0 0 0 0 0 0 0 0 zas Customer Contribution - 0 0 0 0 0 0 0 0 0 0 0 aee Investment Income 31,360�neral Fun er&0 0 31,360 0 0 0 0 0 0 0 0 31,360 aeo InfoTechnology5ervices - NA 0 0 0 0 0 0 0 0 0 0 0 z9i Pole Rental - NA 0 0 0 0 0 0 0 0 0 0 0 aea Vehicle Work Orders - NA 0 0 0 0 0 0 0 0 0 0 0 aes FieldWorkOrders - NA 0 0 0 0 0 0 0 0 0 0 0 aea Development Fees - NA 0 0 0 0 0 0 0 0 0 0 0 aes MeterReading - NA 0 0 0 0 0 0 0 0 0 0 0 z95 Buildings - NA 0 0 0 0 0 0 0 0 0 0 0 z9� Other - NA 0 0 0 0 0 0 0 0 0 0 0 z9s Fiberoptic Lease - NA 0 0 0 0 0 0 0 0 0 0 0 z99 Special Initial Reads - NA 0 0 0 0 0 0 0 0 0 0 0 30o OutdoorAreaLights - NA 0 0 0 0 0 0 0 0 0 0 0 aoi Surge Arrestor - NA 0 0 0 0 0 0 0 0 0 0 0 aw Write Off - NA 0 0 0 0 0 0 0 0 0 0 0 aos Electric Metering - NA 0 0 0 0 0 0 0 0 0 0 0 aoa Total Miscellaneous Revenue 31,360 0 31,360 0 0 0 0 0 0 0 0 31,360 Prepared by NewGen Strategies and Solu[ions Pa��of 8 7 Estes Park Power and Communications Schedule 3 Classification of Purchased Power Costs A B C D E F G H I J K L M N O Renewable Renewable Demand Energy Energy Non- tariff 7 Intermittent Demand Non- Demand Line No. Account Account Description Test Year 2022 Allocation Factor Customer GFT&Other Summer(En) Summer(En) Adder Adder Smmer(D) Summer(D) Transmission DA RMNP Total aos Total Other Income 31,360 0 31,360 0 0 0 0 0 0 0 0 31,360 3os Forecasted Under-Recovery(per Financial Plan) - NA 0 0 0 0 0 0 0 0 0 0 0 am Total O&M Expense without Depr or PP 156,368 0 156,368 0 0 0 0 0 0 0 0 156,368 aos Purchased Power 8,140,396 509,556 0 1,360,770 3,217,708 0 385,609 432,250 715,416 1,519,087 0 5,140,396 3os Debt Service 0 0 0 0 0 0 0 0 0 0 0 0 aio Total OtherFunds 0 0 0 0 0 0 0 0 0 0 0 aii Change in Working Capital 2,407 0 2,407 0 0 0 0 0 0 0 2,407 aia Capital Paid from Current Earnings 0 0 0 0 0 0 0 0 0 0 0 0 ais Less Other Mcome 31,360 0 31,360 0 0 0 0 0 0 0 31,360 3ia Less Planned Under-Recovery(per Financial Plan) 0 0 0 0 0 0 0 0 0 0 0 3is Total Revenue Requirement 8,267,811 509,556 127,415 1,360,7 3,217,708 385,609 432,250 715,416 1,519,087 0 8,267,811 sie ALLOCATION FACTORS sv Production Allocatian Factors 318 1 0 0 0 0 0 0 0 0 1 si5 Customer Customer 100% 0% 0% 0% 0% 0% 0% 0% 0% 100% 320 0 0 0 0 0 0 0 0 1 General Fund Transfer& su General Fund Transfer and Other Other 0% 100° 0% 0% 0% 0% 0% 0% 0% 0% 100% 322 0 1 0 0 0 0 0 0 0 1 szs Energy5ummer Energy5ummer % 0% 100% 0% 0% 0% 0% 0% 0% 0% 100% 324 0 0 0 1 0 0 0 0 0 0 1 szs Energy Non-Summer Energy Non-Summer 0% 0% 0% 100% 0% 0% 0% 0% 0% 0% 100% 326 0 0 1 0 0 0 0 0 1 sn RenewableTariff7Adder RenewableTa� dder / 0% 0% 0% 100% 0% 0% 0% 0% 0% 100% 328 0 0 0 0 1 0 0 0 0 1 Ren Intermitte sz5 RenewablelntermittentAdder A 0% 0% 0% 0% 0% 100% 0% 0% 0% 0% 100% 330 0 0 0 0 0 0 1 0 0 0 1 sai Demand Summer De mmer 0% 0% 0% 0% 0% 0% 100% 0% 0% 0% 100% 332 0 0 0 0 0 0 0 1 0 0 1 sas Demand Non-Summer Demand mer 0% 0% 0% 0% 0% 0% 0% 100% 0% 0% 100% 334 0 0 0 0 0 0 0 0 1 0 1 sas DemandTransmission DemandTransmi 0% 0% 0% 0% 0% 0% 0% 0% 100% 0% 100% 336 0 0 0 0 0 0 0 0 0 1 1 sa� DA RMNP DA RMNP 0% 0% 0% 0% 0% 0% 0% 0% 0% 100% 100% 33a 509,556 127,415 1,360,770 3,217,705 0 385,609 432,250 715,416 1,519,087 0 5,267,811 sa5 Production revenue requirement Prod_revenue reqt 6% 2% 16% 39% 0% 5% 5% 9% 1S% 0% 100% 3ao 509,556 0 1,360,770 3,217,705 0 385,609 432,250 715,416 1,519,087 0 8,140,396 sai PurchasedPower PP 6% 0% 17% 40% 0% 5% 5% 9% 19% 0% 100% 3az 509,556 156,368 1,360,770 3,217,705 0 385,609 432,250 715,416 1,519,087 0 5,296,764 sas TotalO&M TotalO&M 6% 2% 16% 39% 0% 5% 5% 9% 1S% 0% 100% 344 0 0 0 0 0 0 0 0 0 0 0 sas NotApplicable NA 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 3a6 0 156,368 0 0 0 0 0 0 0 0 156,365 Production Revenue Requirement sa� w/o fuel and PP Prod No Fuel&PP 0% 100% 0% 0% 0% 0% 0% 0% 0% 0% 100% Prepared by NewGen Strategies and Solu[ions Pa�A of 8 7�f Estes Park Power and Communications Schedule 4 Classification of Distribution Costs A B C D E F G H I 1 K L M N O P �ine Test Year I Demand Related � Customer Related � Direct Assignment � No. Accaunt 2022 Allocation Factor �Substatians Overhead-D Underground-D Transfarmers-D I Overhead-C Underground-C Transformers-C Services Metering I Outdoor Ltg Street Ltg I Total � 1 z �Component �DemandRelated �CustomerRelated s Overhead 60% 40% a Underground 60% 40% s Transformers 60% 40% 6 Operation and Maintenance Expense � Purchased Power a 502-6100-52018-OS PurchasedPowerSupply - NA 0 0 0 0 0 0 0 0 0 0 0 5 502-6100-520.28-18 Wind Power - NA 0 0 0 0 0 0 0 0 0 0 0 io 502-6100-520.28-19 WheelingChgs-FRHydro - NA 0 0 0 0 0 0 0 0 0 0 0 0 n Total Purchased Power 0 0 0 0 0 0 0 0 0 0 0 0 iz TOTAL PURCHASED POWER - - - - - - - - - - - is Distribution ia 502-6301-540.11-01 Supervisors 37,531 Total Plant 12,511 5,130 2,509 3,420 4,087 1,673 697 1,073 0 0 37,531 is 502-6301-540.11-02 RegularStaff 1,734,043 To[alPlant 591,917 237,027 283,2 115,919 158,018 188,833 77,D9 32,212 49,588 0 0 1,734,043 i5 502-6301-540.11-03 Seasonal5taff - NA 0 0 0 0 0 0 0 0 0 0 0 v 502-6301-540.11-04 Staff Overtime 191,767 Total Plant 65,460 2 31,325 2,819 17,475 20,883 8,546 3,562 5,484 0 0 191,767 is 502-6301-540.11-OS SeasonalOvertime - NA 0 0 0 0 0 0 0 0 0 0 0 i5 Total Personal Services/Salaries 1,963,341 670,185 268,3 1 ,248 178,913 213,803 87,498 36,472 56,146 0 0 1,963,341 zo 502-6301-540.13-01 Cell Phone 17,205 Labor 5 3,752 2,071 896 2,485 1,361 597 232 576 0 0 17,205 zi 502-6301-540.13-03 VehicleAllowance - NA 0 0 0 0 0 0 0 0 0 0 0 zz TotalAdditionalCompensation 17,205 5,235 3,752 2,071 S96 2,485 1,361 597 232 576 0 0 17,205 zs 502-6301-540.14-11 Medicallnsurance 386,351 Labor 1ll,55S 46,515 20,116 55,791 30,553 13,411 5,212 12,935 0 0 386,351 za 502-6301-540.14-12 Life Insurance 6,205 Labor 1, , 747 323 896 491 215 84 208 0 0 6,205 zs 502-6301-540.14-14 Employee Assistance Prog 1,297 Labor 283 156 68 187 103 45 17 43 0 0 1,297 z5 502-6301-540.14-15 Dentallnsurance 26,177 5,709 3,152 1,363 3,780 2,070 909 353 S76 0 0 26,177 n 502-6301-540.14-16 Visionlnsurance 6,225 or 1, 1,358 749 324 899 492 216 84 208 0 0 6,225 za 502-6301-540.14-17 MASA 2,139 Labor 65 466 258 111 309 169 74 29 72 0 0 2,139 z5 502-6301-540.14-18 Telephone Doc 1,037 Labor 316 226 125 54 150 S2 36 14 35 0 0 1,037 ao 502-6301-540.14-21 Taxes/FICA-Medicare 146,224 Labor ,493 31,890 17,605 7,613 21,115 11,564 5,076 1,973 4,895 0 0 146,224 si 502-6301-540.14-31 Retirement/ICMA401(A) - 0 0 0 0 0 0 0 0 0 0 0 0 3z 502-6301-540.14-32 Retirement/PERA 284,304 86,508 62,005 34,229 14,803 41,055 22,483 9,865 3,835 9,518 0 0 284,304 ss 502-6301-540.14-41 Workers'Compensation 24,744 Lab 7,529 5,397 2,979 1,288 3,573 1,957 859 334 828 0 0 24,744 3a 502-6301-540.14-90 Pension Benefit Expense - NA 0 0 0 0 0 0 0 0 0 0 0 0 ss 502-6301-540.14-99 Salary CapitalContra Act - NA 0 0 0 0 0 0 0 0 0 0 0 0 36 Total Employer Benefits 884,706 269,197 192,948 106,516 46,063 127,756 69,964 30,709 11,935 29,619 0 0 884,706 3� 502-6301-540.21-01 Property - NA 0 0 0 0 0 0 0 0 0 0 0 0 3s 502-6301-540.21-02 Liability 17,981 Labor 5,471 3,922 2,165 936 2,597 1,422 624 243 602 0 0 17,981 39 502-6301-540.21-50 Unemployment - NA 0 0 0 0 0 0 0 0 0 0 0 0 ao Totallnsurance Premiums 17,981 5,471 3,922 2,165 936 2,597 1,422 624 243 602 0 0 17,981 ai 502-6301-540.22-02 Engineering 31,961 To[al Plant 10,910 4,369 5,221 2,137 2,913 3,481 1,424 594 914 0 0 31,961 az 502-6301-54Q22-13 Contract/Skilled Services 5,327 Total Plant 1,S1S 728 870 356 485 580 237 99 152 0 0 5,327 as 502-6301-540.22-14 LabTesting 8,523 Transformers-Plant 0 0 0 5,114 0 0 3,409 0 0 0 0 8,523 aa 502-6301-54012-24 GIS 138,499 Total Plant 47,277 18,931 22,623 9,259 12,621 15,082 6,ll2 2,573 3,961 0 0 138,499 as 502-6301-540.2b26 InsuranceClaims 28,335 To[alPlant 9,673 3,874 4,629 1,894 2,582 3,086 1,263 526 810 0 0 28,338 a5 502-6301-540.22-30 Land Use Fees 3,196 Substations-Plant 3,196 0 0 0 0 0 0 0 0 0 0 3,196 a� 502-6301-540.22-98 Other 7,307 Total Plant 2,494 999 1,194 4S8 666 796 326 136 209 0 0 7,307 Prepared by NewGen Strategies and Solutions Pa��of 8 7 Estes Park Power and Communications Schedule 4 Classification of Distribution Costs A B C D E F G H I 1 K L M N O P �ine Test Year I Demand Related � Customer Related � Direct Assignment � No. Accaunt 2022 Allocation Factor �Substatians Overhead-D Underground-D Transfarmers-D I Overhead-C Underground-C Transformers-C Services Metering I Outdoor Ltg Street Ltg I Total ' as Total Prof.Services/Fees 223,152 75,369 25,901 34,537 19,248 19,267 23,025 12,832 3,928 6,046 0 0 223,152 a9 502-6301-540.24-02 Real Property 2,557 To[al Plant 873 350 418 171 233 278 114 47 73 0 0 2,557 so Total Rentals 2,557 873 350 418 171 233 278 114 47 73 0 0 2,557 si 502-6301-54015-01 Maintenance Contracts 55,399 TotalPlant 18,911 7,573 9,049 3,703 5,045 6,033 2,469 1,029 1,584 0 0 55,399 sz 502-6301-540.25-02 Buildings 10,654 To[al Plant 3,637 1,456 1,740 712 971 1,160 475 198 305 0 0 10,654 sa 502-6301-54015-05 Machinery/Tools 3,729 Total Plant 1,273 510 609 249 340 406 166 69 107 0 0 3,729 sa 502-6301-540.25-06 Meters - NA 0 0 0 0 0 0 0 0 0 0 0 ss 502-6301-540.25-07 Transformer 10,654 Transformers-Plant 0 0 0 0 0 4,261 0 0 0 0 10,654 ss 502-6301-540.25-08 Laboratory - NA 0 0 0 0 0 0 0 0 0 0 0 0 s� 502-6301-54015-30 Street Lights 53,269 Total Plant 18,153 7,281 8,701 3,561 5,801 2,374 990 1,523 0 0 53,269 ss 502-6301-540.25-31 Substation 181,114 Substations-Plant 181,114 0 0 0 0 0 0 0 0 0 181,114 se 502-6301-54015-32 Power Line Maintenance 639,225 Overhead 0 383,535 0 255,69 0 0 0 0 0 0 639,225 50 502-6301-540.25-33 Inactive Underground Main - NA 0 0 0 0 0 0 0 0 0 0 0 5i 502-6301-540.25-34 Customer Service Lines - NA 0 0 0 0 0 0 0 0 0 0 0 0 ez 502-6301-540.25-98 OtherEquipment/Machinery 1,598 To[alPlant 545 218 107 146 174 71 30 46 0 0 1,598 5s TotalRepav and Maintenance 955,641 223,663 400,573 20,3 14,725 267,049 13,574 9,Sll 2,316 3,565 0 0 955,641 5a 502-6301-54016-01 Office Supplies 746 Total Plant 255 122 50 68 81 33 14 21 0 0 746 5s 502-6301-540.26-04 Freight/Shipping 1,065 To[al Plant 364 74 71 97 116 47 20 30 0 0 1,065 66 502-6301-54016-05 lanitorial 533 Total Plant 182 36 49 58 24 10 15 0 0 533 e� 502-6301-540.26-06 SmallTools 15,981 TotalPlant 5,455 2,18 10 1,068 1,456 1,740 712 297 457 0 0 15,981 5a 502-6301-54016-07 Small Hardware 5,327 Total Plant 1 728 870 356 485 580 237 99 152 0 0 5,327 e9 502-6301-540.26-19 Traffic Control 10,654 Overhead/Underground 4,854 5,800 0 0 0 0 0 0 0 0 10,654 �0 502-6301-540.26-20 Electrical 5,327 Total Plant 1,518 728 870 356 485 580 237 99 152 0 0 5,327 �i 502-6301-540.26-33 Data Processing Equipment 10,654 To[alPlant 3,637 1,456 1,740 712 971 1,160 475 198 305 0 0 10,654 �z 502-6301-54016-34 Meters 37,2SS Metering-Plant 0 0 0 0 0 0 0 37,288 0 0 37,2SS �s 502-6301-540.26-48 ShopEquipment 4,261 Metering-Plant 0 0 0 0 0 0 4,261 0 0 4,261 �a 502-6301-54016-55 Street Lights 31,961 TotalPlant 4,369 5,221 2,137 2,913 3,481 1,424 594 914 0 0 31,961 �s 502-6301-540.26-57 Overhead Lines - 0 0 0 0 0 0 0 0 0 0 0 �5 Total Materials and Supplies 123,797 24, 14,640 17,495 4,786 6,524 7,796 3,191 1,330 43,597 0 0 123,797 n 502-6301-540.27-01 Personal5afety Equipment 58,596 Labor 7,529 12,779 7,055 3,051 8,462 4,634 2,034 790 1,962 0 0 58,596 �s 502-6301-540.27-03 VehideAllowance - NA 0 0 0 0 0 0 0 0 0 0 0 0 �e 502-6301-54017-04 Education/Training 95,SS4 or ,175 20,912 11,544 4,992 13,846 7,583 3,325 1,293 3,210 0 0 95,SS4 so 502-6301-540.27-06 Employee Recognition - 0 0 0 0 0 0 0 0 0 0 0 0 si 502-6301-540.27-07 Mileage Reimbursement - N 0 0 0 0 0 0 0 0 0 0 0 0 az 502-6301-540.27-21 Employee Recruitment - NA 0 0 0 0 0 0 0 0 0 0 0 0 e3 TotalJob Performance Expenses 154,479 47,005 33,691 18,599 5,043 22,308 12,216 5,362 2,OS4 5,172 0 0 154,479 aa 502-6301-540.29-90 Short/OverinventoryAcct - NA 0 0 0 0 0 0 0 0 0 0 0 0 as 502-6301-540.29-95 Depreciation - NA 0 0 0 0 0 0 0 0 0 0 0 0 a5 502-6301-54019-97 Accumulated Pant - NA 0 0 0 0 0 0 0 0 0 0 0 0 a� TotalOtherCurrentExpenses 0 0 0 0 0 0 0 0 0 0 0 0 0 as TOTAL DISTRIBUTION 4,342,859 1,321,439 947,145 522,865 226,115 627,131 343,439 150,744 58,586 145,396 0 0 4,342,859 a9 Customer Services Current Expenditures 50 502-6401-550.11-01 Supervisors - NA 0 0 0 0 0 0 0 0 0 0 0 0 si 502-6401-550.11-02 RegularStaff - NA 0 0 0 0 0 0 0 0 0 0 0 0 5z 502-6401-550.11-03 SeasonalStaff - NA 0 0 0 0 0 0 0 0 0 0 0 0 sa 502-6401-550.11-04 Staff Overtime - NA 0 0 0 0 0 0 0 0 0 0 0 0 Prepared by NewGen Strategies and Solutions Pa��of 8 7 Estes Park Power and Communications Schedule 4 Classification of Distribution Costs A B C D E F G H I 1 K L M N O P �ine Test Year I Demand Related � Customer Related � Direct Assignment � No. Accaunt 2022 Allocation Factor �Substatians Overhead-D Underground-D Transfarmers-D I Overhead-C Underground-C Transformers-C Services Metering I Outdoor Ltg Street Ltg I Total � 9a 502-6401-550.11-OS SeasonalOvertime - NA 0 0 0 0 0 0 0 0 0 0 0 0 ss TotalPersonalService/Salaries 0 0 0 0 0 0 0 0 0 0 0 0 0 s5 502-6401-550.13-01 Cell Phone - NA 0 0 0 0 0 0 0 0 0 0 0 0 5� 502-6401-550.13-03 VehideAllowance - NA 0 0 0 0 0 0 0 0 0 0 0 0 sa Total Additional Compensation 0 0 0 0 0 0 0 0 0 0 0 0 0 se 502-6401-550.14-11 Medicallnsurance - NA 0 0 0 0 0 0 0 0 0 0 0 0 ioo 502-6401-550.14-12 Life Insurance - NA 0 0 0 0 0 0 0 0 0 0 0 ioi 502-6401-550.14-14 EmployeeAssistanceProg - NA 0 0 0 0 0 0 0 0 0 0 0 ioz 502-6401-550.14-15 Dentallnsurance - NA 0 0 0 0 0 0 0 0 0 0 0 0 ios 502-6401-550.14-16 Vision Insurance - NA 0 0 0 0 0 0 0 0 0 0 0 �oa 502-6401-550.14-17 MASA - NA 0 0 0 0 0 0 0 0 0 0 0 ios 502-6401-550.14-18 Telephone Doc - NA 0 0 0 0 0 0 0 0 0 0 �os 502-6401-550.14-21 Taxes/FICA-Medicare - NA 0 0 0 0 0 0 0 0 0 0 0 io� 502-6401-550.14-31 Retirement/ICMA401(A) - NA 0 0 0 0 0 0 0 0 0 0 0 0 �os 502-6401-550.14-32 Retirement/PERA - NA 0 0 0 0 0 0 0 0 0 0 0 io5 502-6401-550.14-41 Workers'Compensation - NA 0 0 0 0 0 0 0 0 0 0 0 �io 502-6401-550.14-90 Pension Benefit Expense - NA 0 0 0 0 0 0 0 0 0 0 0 ni 502-6401-550.14-99 Salary Capital Contra Act - NA 0 0 0 0 0 0 0 0 0 0 0 iiz TotalEmployerBenefits 0 0 0 0 0 0 0 0 0 0 0 0 ns 502-6401-550.21-02 Liability - NA 0 0 0 0 0 0 0 0 0 0 0 iia 502-6401-550.21-50 Unemployment - NA 0 0 0 0 0 0 0 0 0 0 0 ns Total Insurance Premiums 0 0 0 0 0 0 0 0 0 0 0 0 ne 502-6401-550.22-09 InfoTechnology5ervices - NA 0 0 0 0 0 0 0 0 0 0 0 0 iv 502-6401-55012-10 Bank Fees - NA 0 0 0 0 0 0 0 0 0 0 0 ns 502-6401-550.22-13 Contract/Skilled Services - NA 0 0 0 0 0 0 0 0 0 0 n5 502-6401-55012-26 InsuranceClaims - NA 0 0 0 0 0 0 0 0 0 0 0 �zo 502-6401-550.22-98 Other - 0 0 0 0 0 0 0 0 0 0 0 m Total Prof.Services/Fees 0 0 0 0 0 0 0 0 0 0 0 0 izz 502-6401-550.23-01 Publication Fees - NA 0 0 0 0 0 0 0 0 0 0 0 0 �zs Total Publishing 0 0 0 0 0 0 0 0 0 0 0 0 0 �za 502-6401-550.24-01 Equipment - 0 0 0 0 0 0 0 0 0 0 0 0 izs 502-6401-550.24-03 Lease - N 0 0 0 0 0 0 0 0 0 0 0 0 �ze Total Rentals 0 0 0 0 0 0 0 0 0 0 0 0 0 �n 502-6401-550.25-01 MaintenanceContracts - NA 0 0 0 0 0 0 0 0 0 0 0 0 iza 502-6401-550.25-03 Furniture/Fixtures - NA 0 0 0 0 0 0 0 0 0 0 0 0 �z9 502-6401-550.25-98 OtherEquipment/Machinery - NA 0 0 0 0 0 0 0 0 0 0 0 0 i3o Total Repair and Maintenance 0 0 0 0 0 0 0 0 0 0 0 0 0 i3i 502-6401-550.26-01 Office Supplies - NA 0 0 0 0 0 0 0 0 0 0 0 0 �sz 502-6401-550.26-02 Postage - NA 0 0 0 0 0 0 0 0 0 0 0 0 ias 502-6401-55016-03 Printing Forms - NA 0 0 0 0 0 0 0 0 0 0 0 0 �sa 502-6401-550.26-04 Freight/Shipping - NA 0 0 0 0 0 0 0 0 0 0 0 0 ias 502-6401-55016-ll Catering/SpecCircumstanc - NA 0 0 0 0 0 0 0 0 0 0 0 0 is5 502-6401-550.26-23 Fumiture/Fixtures - NA 0 0 0 0 0 0 0 0 0 0 0 0 ia� 502-6401-55016-32 DataProcessingSoftware - NA 0 0 0 0 0 0 0 0 0 0 0 0 �ss 502-6401-550.26-33 Data Processing Equipment - NA 0 0 0 0 0 0 0 0 0 0 0 0 ias 502-6401-55016-42 Office Equipment - NA 0 0 0 0 0 0 0 0 0 0 0 0 Prepared by NewGen Strategies and Solutions P�of 8 Estes Park Power and Communications Schedule 4 Classification of Distribution Costs A B C D E F G H I 1 K L M N O P �ine Test Year I Demand Related � Customer Related � Direct Assignment � No. Accaunt 2022 Allocation Factor �Substatians Overhead-D Underground-D Transfarmers-D I Overhead-C Underground-C Transformers-C Services Metering I Outdoor Ltg Street Ltg I Total � �ao 502-6401-550.26-46 Communication Equipment - NA 0 0 0 0 0 0 0 0 0 0 0 0 iai Total Materials and Supplies 0 0 0 0 0 0 0 0 0 0 0 0 0 iaz 502-6401-55017-04 Education/Training - NA 0 0 0 0 0 0 0 0 0 0 0 0 �as 502-6401-550.27-OS Member Dues/Subscriptions - NA 0 0 0 0 0 0 0 0 0 0 0 0 iaa 502-6401-550.27-06 Employee Recognition - NA 0 0 0 0 0 0 0 0 0 0 0 0 �as 502-6401-550.27-W Mileage Reimbursement - NA 0 0 0 0 0 0 0 0 0 0 0 0 ia5 502-6401-550.27-21 Employee Recruitment - NA 0 0 0 0 0 0 0 0 0 0 0 0 �a� TotaUob Performance Expenses 0 0 0 0 0 0 0 0 0 0 0 0 iaa 502-6401-550.29-W UnwllectibleAccounts - NA 0 0 0 0 0 0 0 0 0 0 0 0 ia5 502-6401-55019-25 Promotion - NA 0 0 0 0 0 0 0 0 0 0 0 �so 502-6401-550.29-31 Unwllected Taxes - NA 0 0 0 0 0 0 0 0 0 0 0 isi TotalOtherCurrentExpenses 0 0 0 0 0 0 0 0 0 0 0 isz Total Current Expenditures - - - - - - - - - - - - Ad m i ni stretion/Ge nere I �ss 502-6501-560.11-01 Supervisors 153,995 Labor 46,SSS 33,5 18$41 8,018 22,238 12,ll8 5,345 2,077 5,156 0 0 153,998 isa 502-6501-560.11-02 RegularStaff 384,202 Labor 116,905 8 46,257 0,004 55,451 30,383 13,336 S,1S3 12,863 0 0 384,202 �ss 502-6501-560.11-03 Seasonal5taff - NA 0 0 0 0 0 0 0 0 0 0 0 is5 502-6501-560.11-04 StaffOvertime 23,522 Labor 7,248 5,1 ,240 3,440 1.884 827 321 798 0 0 23,822 m Total Personal Service/Salaries 562,022 ll1,011 122,57 65 29,262 81,159 44,445 19,508 7,582 18,816 0 0 562,022 isa 502-6501-560.13-01 Cell Phone 2,610 Labor 569 314 136 377 206 91 35 S7 0 0 2,610 is5 502-6501-560.13-03 VehideAllowance - NA 0 0 0 0 0 0 0 0 0 0 0 0 �eo Total Additional Compensation 2,610 794 569 314 136 377 206 91 35 S7 0 0 2,610 iei 502-6501-560.14-11 Medicallnsurance 73,192 Labor 22, , 8,812 3,811 10,569 5,788 2,541 987 2,450 0 0 73,192 i5z 502-6501-560.14-12 Life Insurance 1,625 Labor 354 196 85 235 129 56 22 54 0 0 1,625 ies 502-6501-560.14-14 Employee Assistance Prog 413 90 50 21 60 33 14 6 14 0 0 413 i5a 502-6501-560.14-15 Dentallnsurance 6,832 r 2, 1,490 823 356 987 540 237 92 229 0 0 6,832 i5s 502-6501-560.14-16 Visionlnsurance 1,912 abor 58 4ll 230 100 276 151 66 26 64 0 0 1,912 166 502-6501-560.14-17 MASA 745 Labor 227 163 90 39 108 59 26 10 25 0 0 745 �5� 502-6501-560.14-18 Telephone Doc 361 abor 110 79 43 19 52 29 13 5 12 0 0 361 i5s 502-6501-560.14-21 Taxes/FICA-Medicare 45,746 or ,919 9,977 S,SOS 2,382 6,606 3,618 1,SSS 617 1,532 0 0 45,746 �e9 502-6501-560.14-31 Retirement/ICMA401(A) 5,513 1,678 1,202 664 2S7 796 436 191 74 185 0 0 5,513 i�o 502-6501-560.14-32 Retirement/PERA 70,266 Lab 21,351 15,325 8,460 3,658 10,147 5,557 2,439 948 2,352 0 0 70,266 m 502-6501-560.14-35 Retirement/F.P.P.A - NA 0 0 0 0 0 0 0 0 0 0 0 0 vz 502-6501-560.14-41 Workers'Compensation 2,931 Labor 892 639 353 153 423 232 102 40 98 0 0 2,931 ns 502-6501-560.14-90 Pension Benefit Expense - NA 0 0 0 0 0 0 0 0 0 0 0 0 va 502-6501-560.14-99 Salary Capital Contra Act - NA 0 0 0 0 0 0 0 0 0 0 0 0 ns Total Employer Benefits 209,537 63,757 45,698 25,227 10,910 30,258 16,570 7,273 2,827 7,015 0 0 209,537 n5 502-6501-560.21-01 Property 34,397 Net Plant 10,581 4,920 6,9ll 2,031 3,280 4,611 1,354 61 642 0 0 34,397 v� 502-6501-56011-02 Liability 9,493 Labor 2,SS9 2,070 1,143 494 1,371 751 330 128 318 0 0 9,493 ns Total Insurance Premiums 43,891 13,470 6,990 8,060 2,525 4,651 5,362 1,683 189 960 0 0 43,891 n5 502-6501-560.22-01 Auditing 12,605 RevReq 2,931 2,149 1,210 634 1,425 79S 423 135 437 2,467 0 12,608 iso 502-6501-56012-02 Engineering 15,951 Total Plant 5,455 2,184 2,610 1,068 1,456 1,740 712 297 457 0 0 15,951 iai 502-6501-560.22-06 Medical 2,028 Labor 617 442 244 106 293 160 70 27 68 0 0 2,028 iaz 502-6501-56012-07 Remrding Fees 266 Total Plant 91 36 44 18 24 29 12 5 8 0 0 266 �as 502-6501-560.22-08 Legal 26,634 To[alPlant 9,092 3,641 4,351 1,780 2,4D 2,900 1,187 495 762 0 0 26,634 isa 502-6501-56012-09 InfoTechnologyServices 116,267 Labor 35,378 25,357 13,995 6,054 16,790 9,195 4,036 1,565 3,893 0 0 116,267 Prepared by NewGen Strategies and Solutions Pa��of 8 7 Estes Park Power and Communications Schedule 4 Classification of Distribution Costs A B C D E F G H I 1 K L M N O P �ine Test Year I Demand Related � Customer Related � Direct Assignment � No. Accaunt 2022 Allocation Factor �Substatians Overhead-D Underground-D Transfarmers-D I Overhead-C Underground-C Transformers-C Services Metering I Outdoor Ltg Street Ltg I Total ' �as 502-6501-560.22-10 Bank Fees 2,314 Total O&M 706 487 285 123 323 188 82 32 77 13 0 2,314 is5 502-6501-56012-24 GIS 42,615 Total Plant 14,547 5,825 6,961 2,849 3,SS3 4,641 1,899 792 1,219 0 0 42,615 �s� 502-6501-560.22-33 Data Processing - NA 0 0 0 0 0 0 0 0 0 0 0 0 ias 502-6501-56012-89 UtihtyFinancial5tudies - NA 0 0 0 0 0 0 0 0 0 0 0 0 �s9 502-6501-560.22-98 Other 64,789 TotalPlant 22,116 5,856 10,583 4,331 5,904 7,055 2,887 1,204 1,853 0 0 64,789 iso TotalProf.Services/Fees 283,502 90,931 48,978 40,256 16,963 32,525 26,706 11,305 4,554 5,772 2,480 0 283,502 isi 502-6501-56013-01 Publication Fees 6,670 Labor 2,030 1,455 803 347 963 SD 232 90 223 0 0 6,670 i5z Total Publishing 6,670 2,030 1,455 803 963 527 232 90 223 0 0 6,670 i5s 502-6501-560.24-01 Equipment - NA 0 0 0 0 0 0 0 0 0 0 0 0 isa 502-6501-56014-02 Real Property 95,SS4 Total Plant 32,730 13,106 15,662 6p10 10,442 4,273 1,781 2,742 0 0 95,884 �9s 502-6501-560.24-03 Lease - NA 0 0 0 0 0 0 0 0 0 0 0 is5 TotalRentals 95,SS4 32,730 13,106 15, 6,410 8,73 10,442 4,273 1,781 2,742 0 0 95,SS4 is� 502-6501-56015-01 MaintenanceContracts 99,1OS TotalPlant 33,530 13,547 9 25 9,031 10,793 4,417 1,841 2,834 0 0 99,1OS �5s 502-6501-560.25-02 Buildings 1,065 To[al Plant 364 146 71 97 116 47 20 30 0 0 1,065 is5 502-6501-56015-03 Furmture/Fixtures 1,065 Total Plant 364 146 1 71 97 116 47 20 30 0 0 1,065 zoo 502-6501-560.25-04 Vehcile Equipmen[ 47,643 Labor 14,497 10,3 5,736 2,481 6,880 3,768 1,654 643 1,595 0 0 47,643 mi 502-6501-56015-05 Machinery/Tools 533 Total Plant 182 87 36 49 58 24 10 15 0 0 533 zoz 502-6501-560.25-09 VehideRepairs-FleetShp 123,872 Labor 37,692 27, 4 50 17,888 9,796 4,300 1,671 4,147 0 0 123,SR zos 502-6501-56015-44 Future Vehide Purchase - NA 0 0 0 0 0 0 0 0 0 0 zoa 502-6501-560.25-98 OtherEquipment/Machinery 533 TotalPlant 182 7 87 36 49 58 24 10 15 0 0 533 zos Total Repair and Maintenance 273,519 87 51,390 7,361 15,769 34,090 24,704 10,513 4,214 5,668 0 0 273,819 zo5 502-6501-560.26-01 Office Supplies 19,057 Labor 5,799 4,156 2,294 992 2,752 1,507 661 257 638 0 0 19,057 zm 502-6501-560.26-02 Postage 7,623 Labor 2,319 1,662 918 397 1,101 603 265 103 255 0 0 7,623 zoa 502-6501-560.26-03 Printing Forms 953 Labor 290 115 50 138 75 33 13 32 0 0 953 zo9 502-6501-560.26-06 Small Tools 476 Labor 57 25 69 38 17 6 16 0 0 476 zio 502-6501-560.26-13 Medical 2,352 Labor 520 287 124 344 188 83 32 80 0 0 2,352 zn 502-6501-560.26-14 Laboratory - 0 0 0 0 0 0 0 0 0 0 0 ziz 502-6501-560.26-15 Exhibit/Display - 0 0 0 0 0 0 0 0 0 0 0 zis 502-6501-560.26-17 Catering/SpecCi«umstanc 3,811 abor 1,16 S31 459 198 550 301 132 51 128 0 0 3,811 na 502-6501-56016-23 Furmture/Fixtures 4,764 Labor 1,450 1,039 574 248 688 377 165 64 160 0 0 4,764 zis 502-6501-560.26-25 Energy Efficiency 95,286 al Plant ,526 13,025 15,565 6,370 8,683 10,376 4,247 1,770 2,R5 0 0 95,286 n5 502-6501-56016-32 DataProcessingSoftware 19,057 or ,799 4,156 2,294 992 2,752 1,507 661 257 638 0 0 19,057 zv 502-6501-560.26-33 Data Processing Equipment 9,529 2,899 2,078 1,147 496 1,376 754 331 129 319 0 0 9,529 zia 502-6501-56016-39 Fuel&Oil 47,643 Lab 14,497 10,391 5,736 2,481 6,880 3,768 1,654 643 1,595 0 0 47,643 zi5 502-6501-560.26-42 Office Equipment 2,859 Labor 870 623 344 149 413 226 99 39 96 0 0 2,859 zzo 502-6501-560.26-43 Heavy Equipment 1,906 Labor 580 416 229 99 275 151 66 26 64 0 0 1,906 zzi 502-6501-560.26-46 Communication Equipment 19,057 Labor 5,799 4,156 2,294 992 2,752 1,507 661 257 638 0 0 19,057 zzz Total Materialsand Supplies 234,404 74,557 43,365 32,314 13,613 28,772 21,378 9,075 3,647 7,382 0 0 234,404 zza 502-6501-56017-02 Uniform Allowance 1,906 Labor 580 416 229 99 275 151 66 26 64 0 0 1,906 zza 502-6501-560.27-03 VehicleAllowance - NA 0 0 0 0 0 0 0 0 0 0 0 0 zzs 502-6501-56017-04 Education/Training 11,434 Labor 3,479 2,494 1,377 595 1,651 904 397 154 383 0 0 11,434 zze 502-6501-560.27-OS Member Dues/Subscriptions 12,387 Labor 3,769 2,702 1,491 645 1,789 980 430 167 415 0 0 12,387 zz� 502-6501-560.27-06 Employee Recognition 3,335 Labor 1,015 727 402 174 482 264 116 45 112 0 0 3,335 zzs 502-6501-560.27-W Mileage Reimbursement 476 Labor 145 104 57 25 69 38 17 6 16 0 0 476 zz5 502-6501-56017-10 Meal Reimbursement-Emerg. 1,906 Labor 580 416 229 99 275 151 66 26 64 0 0 1,906 zso 502-6501-560.2b21 Employee Recruitment - NA 0 0 0 0 0 0 0 0 0 0 0 0 z3i TotalJob Performance Expenses 31,444 9,565 6,858 3,786 1,637 4,541 2,487 1,091 424 1,053 0 0 31,444 z3z 502-6501-560.28-01 Telephone 7,623 Labor 2,319 1,662 918 397 1,101 603 265 103 255 0 0 7,623 Prepared by NewGen Strategies and Solutions P�of 8 Estes Park Power and Communications Schedule 4 Classification of Distribution Costs A B C D E F G H I 1 K L M N O P �ine Test Year I Demand Related � Customer Related � Direct Assignment � No. Accaunt 2022 Allocation Factor �Substatians Overhead-D Underground-D Transfarmers-D I Overhead-C Underground-C Transformers-C Services Metering I Outdoor Ltg Street Ltg I Total � zss 502-6501-560.28-02 Natural Gas 8,576 Labor 2,609 1,870 1,032 447 1,238 678 298 116 2S7 0 0 8,576 zaa 502-6501-56018-03 Electrical Energy 50,502 Labor 15,367 11,014 6,OS0 2,629 7,293 3,994 1,753 681 1,691 0 0 50,502 zss 502-6501-560.28-04 Water 4,288 Labor 1,305 935 516 223 619 339 149 58 144 0 0 4,288 z35 502-6501-560.28-OS Sewer 1,429 Labor 435 312 172 74 206 113 50 19 48 0 0 1,429 zs� 502-6501-560.28-06 Trash Disposal 12,387 Labor 3,769 2,702 1,491 645 1,789 980 430 167 415 0 0 12,387 z3a Total Utility Expenditures 84,505 25,504 18,495 10,210 4,415 12,246 6,706 2,944 1,144 2,839 0 0 84,805 zas 502-6501-56019-06 Interest on Deposits - NA 0 0 0 0 0 0 0 0 0 0 0 0 zao 502-6501-560.29-08 Payment In Lieu Of Taxes 5,456 RevReq 1,268 930 524 617 345 183 58 189 1,067 0 5,456 zai 502-6501-560.29-09 PUC Gross ReceiptTaxes 8,771 RevReq 2,039 1,495 842 991 555 294 94 304 1,716 0 8,771 zaz 502-6501-560.29-10 Franchise Fees 152,475 RevReq 35,443 25,984 14,635 ,670 230 9,646 5,113 1,634 5,285 29,834 0 152,475 zas 502-6501-560.91-28 Housing - NA 0 0 0 0 0 0 0 0 0 0 0 zaa Total OtherCurrent Expenses 166,701 38,750 25,409 16,000 8,385 18, 10,546 5,590 1,787 5,778 32,617 0 166,701 zas Total Administration/General 1,995,287 610,512 387,886 2 1 73 257,155 170,081 73,582 28,274 64,336 35,097 - 1,995,287 za5 TOTALNSTOMERSERVICE 1,995,287 610,812 357,886 25 0,373 257,155 170,081 73$82 28,274 64,336 35,097 - 1,995,287 za� Total O&M Expense without Depr.Exp. 6,338,146 1,932,250 1,335,0 780,555 36,488 884,289 513,520 224,325 86,860 209,732 35,097 0 6,338,146 zas Total O&M Expense Excluding Purchased Power&Depr. 6,338,146 1,932,250 1,335, 5 88 884,289 513,520 224,325 86,860 209,732 35,097 0 6,338,146 za9 Debt Service: zso 502-6700-470.22-10 Bank Fees - NA 0 0 0 0 0 0 0 0 0 0 0 zsi 502-6700-470.29-67 Amort Exp/Bond Issue Cost - NA 0 0 0 0 0 0 0 0 0 0 0 zsz 502-6700-470.41-01 Principal on Bonds 400,000 Total Plant 6,540 54,676 65,339 26,740 36,451 43,559 17,526 7,431 11,439 0 0 400,000 zss 502-6700-470.41-02 Interest on Bonds 191,300 To[al Plant 65,300 26,149 31,245 12,788 17,433 20,832 8,525 3,554 5,471 0 0 191,300 zsa 502-6700-470.41-05 Principal/Capital Lease - NA 0 0 0 0 0 0 0 0 0 0 zss 502-6700-470.41-06 Interest/CapitalLease - NA 0 0 0 0 0 0 0 0 0 0 zss Total Debt Service 591,300 50,825 96,SS7 39,528 53,883 64,391 26,352 10,984 16,909 0 0 591,300 zs� OtherFunds zss 502-6600-491.90-01 General 1,998,043 A-GFT 0 0 0 0 0 0 0 0 0 1,998,043 0 1,998,043 zs5 502-6600-491.90-04 Community Reinvestment - NA 0 0 0 0 0 0 0 0 0 0 0 0 z5o 502-6600-491.90-06 Medicallnsurance - NA 0 0 0 0 0 0 0 0 0 0 0 0 z5i 502-6600-491.90-07 Museum - 0 0 0 0 0 0 0 0 0 0 0 0 z5z 502-6600-491.90-29 Fire Service Fund - 0 0 0 0 0 0 0 0 0 0 0 0 z5s 502-6600-491.90-35 Vehide Replacement - N 0 0 0 0 0 0 0 0 0 0 0 0 z5a 502-6600-491.92-31 Urban Renewal Authority - NA 0 0 0 0 0 0 0 0 0 0 0 0 z55 Total Other Funds 1,995,043 0 0 0 0 0 0 0 0 0 1,998,043 0 1,995,043 z55 Change in Working Capit; 97,552 O&M W/O Depr or PP 29,740 20,548 12,014 5,179 13,610 7,904 3,453 1,337 3,228 540 0 97,552 z5� Capital Paid from Current z5s 502-7001-580.3b22 Building Remodeling - NA 0 0 0 0 0 0 0 0 0 0 0 0 z55 502-7001-580.33-30 Station Equipment - NA 0 0 0 0 0 0 0 0 0 0 0 0 no 502-7001-580.33-31 Fumiture/Fixtures - NA 0 0 0 0 0 0 0 0 0 0 0 0 z�i 502-7001-580.33-32 Office Equipment - NA 0 0 0 0 0 0 0 0 0 0 0 0 nz 502-7001-580.33-33 Data Processing Equipment - NA 0 0 0 0 0 0 0 0 0 0 0 0 z�s 502J001-58033-34 Meters 106,537 Metering-Plant 0 0 0 0 0 0 0 0 106,537 0 0 106,537 na 502-7001-580.33-35 Transformers 159,806 Transformers-Plant 0 0 0 95,884 0 0 63,922 0 0 0 0 159,806 z�s 502J001-58033-36 Communication Equipment 152,458 Labor 46,390 33,250 18,355 7,938 22,016 12,057 5,292 2,057 5,104 0 0 152,455 z�5 502-7001-580.33-37 Laboratory Equipment - NA 0 0 0 0 0 0 0 0 0 0 0 0 zn 502-7001-580.33-38 Shop Equipment - NA 0 0 0 0 0 0 0 0 0 0 0 0 Prepared by NewGen Strategies and Solutions Aa�eb of 8 ivu Estes Park Power and Communications Schedule 4 Classification of Distribution Costs A B C D E F G H I 1 K L M N O P �ine Test Year I Demand Related � Customer Related � Direct Assignment � No. Accaunt 2022 Allocation Factor �Substatians Overhead-D Underground-D Transfarmers-D I Overhead-C Underground-C Transformers-C Services Metering I Outdoor Ltg Street Ltg I Total � ns 502-7001-580.33-39 Stores Equipment - NA 0 0 0 0 0 0 0 0 0 0 0 0 z�5 502J001-58033-41 Tools 26,634 Total Plant 9,092 3,641 4,351 1,780 2,427 2,900 1,157 495 762 0 0 26,634 zao 502-7001-580.33-98 OtherEquipment 1R,591 TotalPlant 58,914 23,591 28,192 11,538 15,R8 15,795 7,692 3,206 4,936 0 0 1R,591 zai 502J001-58034-42 Trucks 333,502 Labor 101,477 72,734 40,152 17,364 48,159 26,374 11,576 4,499 11,165 0 0 333,502 zaz 502-7001-580.34-98 OtherMachinery/Equipment - NA 0 0 0 0 0 0 0 0 0 0 0 0 zas 502J001-58035-55 Street Lights 21,307 Total Plant 7,273 2,913 3,451 1,424 1,942 2,320 950 396 609 0 0 21,307 zsa 502-7001-580.35-56 Poles/Towers/Fixtures - NA 0 0 0 0 0 0 0 0 0 0 0 0 zas 502-7001-580.35-57 Power Line Construction 312,732 Overhead 0 187,639 0 0 25,093 0 0 0 0 0 0 312,732 za5 502-7001-580.35-58 Inactive Underground - NA 0 0 0 0 0 0 0 0 0 0 0 za� 502-7001-580.35-59 Customer Service Lines - NA 0 0 0 0 0 0 0 0 0 0 0 zas 502-7001-580.35-62 UTSystemMasterPlan - NA 0 0 0 0 0 0 0 0 0 0 0 0 za5 502J001-58035-66 Fiber Opti�Install - NA 0 0 0 0 0 0 0 0 0 0 0 z90 502-7001-580.37-01 Software Development 85,230 Total Plant 29,093 11,650 13,922 5,698 9,281 3,798 1,583 2,437 0 0 85,230 zsi Total Capital 1,370,798 252,239 335,418 108, 141,626 223,13 71,727 94,417 12,236 131,551 0 0 1,370,798 zsz Su6tatal Revenue Requirement 10,395,839 2,416,070 1,771,822 S 21 1,174,913 657,542 348,547 111,416 361,420 2,033,680 0 10,395,839 zss Less Other Income z5a Additional Heater - NA 0 0 0 0 0 0 0 0 0 0 0 zss Customer Contribution 319,612 RevReq 74,295 5 30,677 6,077 36,115 20,220 10,715 3,426 11,079 62,536 0 319,612 z55 Investment Income 35,974 RevReq 8,362 6, 3 10 4,065 2,276 1,206 386 1,247 7,039 0 35,974 zs� InfoTechnologyServices - NA 0 0 0 0 0 0 0 0 0 0 z9s Pole Rental 9,000 RevReq 2,092 1,53 64 453 1,011 569 302 96 312 1,761 0 9,000 zs5 VehideWorkOrders - NA 0 0 0 0 0 0 0 0 0 0 0 soo Field Work Orders - NA 0 0 0 0 0 0 0 0 0 0 0 aoi Development Fees - NA 0 0 0 0 0 0 0 0 0 0 0 0 soz Me[erReading - NA 0 0 0 0 0 0 0 0 0 0 0 0 aos Bulldings - NA 0 0 0 0 0 0 0 0 0 0 0 soa Other - NA 0 0 0 0 0 0 0 0 0 0 aos Fiberoptic Lease - NA 0 0 0 0 0 0 0 0 0 0 0 so5 Special Initial Reads - 0 0 0 0 0 0 0 0 0 0 0 30� OutdoorAreaLights 9,552 eq 2, 1,628 917 480 1,079 604 320 102 331 1,869 0 9,552 sos Surge Arrestor 895 erhead 537 0 0 358 0 0 0 0 0 0 895 ao5 Write Off - NA 0 0 0 0 0 0 0 0 0 0 0 0 sio Electric Metering 1,135 ing-Plant 0 0 0 0 0 0 0 0 1,135 0 0 1,135 aii Total Miscellaneous Revenue 376,168 6,970 64,297 35,910 18,820 42,638 23,669 12,546 4,011 14,104 73,205 0 376,165 3iz TotalOtherincome 376,168 86,970 64,297 35,910 15,820 42,635 23,669 12,546 4,011 14,104 73,205 0 376,168 ais Forecasted Under-Remvery(per Financial Plan) 535,391 RevReq 124,453 91,240 51,387 26,931 60,502 33,870 17,954 5,739 18,558 104,756 0 535,391 3ia Total O&M Expense without Depr or PP 6,335,146 1,932,250 1,335,031 780,555 336,488 884,259 513,520 224,325 86,560 209,732 35,097 0 6,335,146 sis DebtService 591,300 201,841 80,825 96,587 39,528 53,883 64,391 26,352 10,984 16,909 0 0 591,300 3i5 Total Other Funds 1,995,043 0 0 0 0 0 0 0 0 0 1,998,043 0 1,995,043 sv Change in Working Capital 97,552 29,740 20,548 12,014 5,179 13,610 7,904 3,453 1,337 3,228 540 0 97,552 3is CapitalPaidfrom CurrentEarnings 1,370,798 252,239 335,418 108,453 141,626 223,131 71,727 94,417 12,236 131,551 0 0 1,370,798 si9 Less Other Income 376,168 86,970 64,297 35,910 18,820 42,638 23,669 12,546 4,011 14,104 73,205 0 376,165 3zo Less Planned Under-Recavery(per Financial Plan) 535,391 124,453 91,240 51,357 26,931 60,502 33,870 17,954 5,739 15,558 104,756 0 535,391 su Total Revenue Requirem� 9,484,280 2,204,647 1,616,286 910,311 477,070 1,071,774 600,002 318,047 101,667 328,758 1,855,719 0 9,484,280 azz ALLOCATION FACTORS azs DirectAssignmentAllacators 324 0 0 0 0 0 0 0 0 1 0 1 Prepared by NewGen Strategies and Solutions Aa�,7 of 8 1 V I Estes Park Power and Communications Schedule 4 Classification of Distribution Costs A B C D E F G H I 1 K L M N O P �ine Test Year I Demand Related � Customer Related � Direct Assignment � No. Accaunt 2022 Allocation Factor �Substatians Overhead-D Underground-D Transfarmers-D I Overhead-C Underground-C Transformers-C Services Metering I Outdoor Ltg Street Ltg I Total � szs Outdoor Lighting Outdoor Ltg 0% 0% 0% 0% 0% 0% 0% 0% 0% 100% 0% 100% 3z5 1,932,250 1,335,031 780,555 336,488 884,259 513,520 224,325 86,860 209,732 35,097 0 6,335,146 sn TotalO&M To[al0&M 30% 21% 12% 5% 14% S% 4% 1% 3% 1% 0% 100% 3za 1,932,250 1,335,031 780,555 336,488 884,259 513,520 224,325 86,860 209,732 35,097 0 6,335,146 sz5 O&M W/O Depror PP O&M W/O Depr or PP 30% 21% 12% 5% 14% 8% 4% 1% 3% 1% 0% 100% 33o Total Distribution Excluding Labor 994,530 712,833 393,515 170,177 471,956 258,476 113,451 44,092 109,427 0 0 3,268,487 ssi Labor Labor 30% 22% 12% 5% 14% 8% 3% 1% 3% 0% 0% 100% 33z 4,640,616 2,157,629 3,033,598 590,679 , 38,419 2,022,399 593,786 26,744 281,439 15,OS5,308 sss Net Plant(without lighting) Net Plant 31% 14% 20% 10% 13% 4% 0% 2% 0% 0% 100% 334 8,952,403 8,952,403 sss Substations-Plant Substations-Plant 100% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 100% aa5 3,596,906 2, 5,994,844 ss� Overhead Overhead 0% 60% 0% 0% 0% 0% 0% 0% 0% 0% 100% 33a 4,295, 2,865,563 7,163,908 ss9 Underground Underground 0% 0% 0% 0% 40% 0% 0% 0% 0% 0% 100% 3ao 86 1,172,724 2,931,810 sai Transformers-Plant Transformers-Plant 0% 0% 60% 0% 0% 40% 0% 0% 0% 0% 100% aaz 488,522 488,522 sas Services Services 0% 0% 0% 0% 0% 0% 100% 0% 0% 0% 100% 3aa 752,509 752,509 sas Me[ering-Plant Metering-Plan[ 0% 0% 0% 0% 0% 0% 0% 100% 0% 0% 100% 346 1 1 sa� Direct Assign General Fund Transfer DA-GFT 0% 0 0°o 0% 0% 0% 0% 0% 0% 100% 0% 100% 3aa 8,952 3,596,906 8,345 1,759,086 2,397,938 2,565,563 1,172,724 488,522 752,509 1 0 26,314,297 sa9 0 0 0 0 0 0 0 0 (i� o �i� 350 2,403 96,906 ,295,345 1,759,086 2,397,938 2,565,563 1,172,724 488,522 752,509 0 0 26,314,296 ssi Total Plant(without lighting) Total Plant 34% 14% 16% 7% 9% 11% 4% 2% 3% 0% 0% 100% 35z 95,345 7,895,251 sss Overhead/Underground Overhead/Underground 54% 0% 0% 0% 0% 0% 0% 0% 0% 100% 35a 1,616,286 910,311 477,070 1,071,774 600,002 318,047 101,667 328,758 1,855,719 0 9,484,280 sss Revenue Requirement R 17% 10% 5% 11% 6% 3% 1% 3% 20% 0% 100% as5 63 373 sn OH Miles of Line iles Line 83 0% 0% 0% 17% 0% 0% 0% 0% 0% 0% 100% 35s 158 29 188 ss5 UG Miles of Line iles Line 84% 0% 0% 0% 16% 0% 0% 0% 0% 0% 0% 100% aeo 468 0 0 0 92 0 0 0 0 0 0 561 s5i Total Miles of Line All � e 84% 0% 0% 0% 16% 0% 0% 0% 0% 0% 0% 100% 362 0 0 0 0 0 0 0 0 0 0 0 0 ses NotApplicable NA 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% Prepared by NewGen Strategies and Solutions Aa�e,.8 of 8 IVL Estes Park Power and Communications Schedule 5 Classification of Customer Costs A B C D E F Line No. Account Account Description Test Year 2022 Allocation Factor Customer Total i Operation and Maintenance Expense z Purchased Power 3 502-6100-520.28-08 Purchased PowerSupply - NA 0 0 a 502-6100-520.28-18 Wind Power - NA 0 0 s 502-6100-520.28-19 Wheeling Chgs-FR Hydro - NA 0 0 e Total Purchased Power - - � TOTALPURCHASEDPOWER - - - s Distributian 9 502-6301-540.11-01 Supervisors - NA 0 0 io 502-6301-540.11-02 RegularStaff - NA 0 0 ii 502-6301-540.11-03 Seasonal5taff - A 0 0 zz 502-6301-540.11-04 Staff Overtime - NA 0 0 za 502-6301-540.11-OS SeasonalOvertime - NA 0 0 za Total Personal Services/Salarie - - - is 502-6301-540.13-01 CeIlPhone - NA 0 0 ie 502-6301-540.13-03 Vehide Allow - NA 0 0 i� Total Additiona pens - - - za 502-6301-540.14-11 nsurance - NA 0 0 i9 502-6301-540.14-12 Life In nce - NA 0 0 zo 502-6301-540.14-14 Empl Assistance - NA 0 0 zi 502-6301-540.14-15 D - NA 0 0 zz 502-6301-540.14-16 nlnsuranc - NA 0 0 z3 502-6301-540.14-17 ASA - NA 0 0 za 502-6301-540.14-18 hone Doc - NA 0 0 zs 502-6301-540.14-21 Ta A-Medicare - NA 0 0 ze 502-6301-540.14-31 Retire ent/ICMA401(A) - NA 0 0 z� 502-6301-540.14-32 Retirement/PERA - NA 0 0 za 502-6301-540.14-41 Workers'Compensation - NA 0 0 z9 502-6301-540.14-90 Pension Benefit Expense - NA 0 0 ao 502-6301-540.14-99 Salary Capital Contra Act - NA 0 0 ai Total Employer Benefits - - - 3z 502-6301-540.21-01 Property - NA 0 0 33 502-6301-540.21-02 Liability - NA 0 0 aa 502-6301-540Z1-50 Unemployment - NA 0 0 as Total Insurance Premiums - - - ae 502-6301-540Z2-02 Engineering - NA 0 0 a� 502-6301-540Z2-13 Contract/Skilled Services - NA 0 0 aa 502-6301-540Z2-14 LabTesting - NA 0 0 a9 502-6301-540Z2-24 GIS - NA 0 0 ao 502-6301-540Z2-26 Insurance Calims - NA 0 0 ai 502-6301-540.22-30 Land Use Fees - NA 0 0 az 502-6301-540.22-98 Other - NA 0 0 Prepared by NewGen Strategies and Solutions P�p�7,of 8 vs Estes Park Power and Communications Schedule 5 Classification of Customer Costs A B C D E F Line No. Account Account Description Test Year 2022 Allocation Factor Customer Total aa Total Prof.Services/Fees - - - aa 502-6301-540Z4-02 Real Property - NA 0 0 as Total Rentals - - - ae 502-6301-540Z5-01 Maintenance Contracts NA 0 0 a� 502-6301-540.25-02 Buildings NA 0 0 aa 502-6301-540.25-OS Machinery/Tools - NA 0 0 a9 502-6301-540.25-06 Meters NA 0 0 so 502-6301-540.25-07 Transformer NA 0 0 si 502-6301-540Z5-08 Laboratory - NA 0 0 sz 502-6301-540.25-30 Street Lights - NA 0 0 s3 502-6301-540.25-31 Substation - A 0 0 sa 502-6301-540Z5-32 Power Line Maintenance - NA 0 0 ss 502-6301-540Z5-33 Ina�tive Underground Mai - NA 0 0 se 502-6301-540Z5-34 CustomerServiceLines - NA 0 0 s� 502-6301-540Z5-98 Other Equipm t Ma�hinery - NA 0 0 sa Total Repair ance - - - s9 502-6301-540Z6-01 Office Supplies - NA 0 0 eo 502-6301-540Z6-04 Fr i ht/Shipping - NA 0 0 ei 502-6301-540Z6-OS - NA 0 0 ez 502-6301-540Z6-06 Small s - NA 0 0 ea 502-6301-540Z6-07 Small ware - NA 0 0 ea 502-6301-540Z6-19 Tr - NA 0 0 es 502-6301-540Z6-20 rical - NA 0 0 ee 502-6301-540Z6-33 ata Processing Equipment - NA 0 0 e� 502-6301-540Z6-34 rs - NA 0 0 ea 502-6301-540Z6-48 Sh ipment - NA 0 0 e9 502-6301-540Z6-55 Stree ights - NA 0 0 �0 502-6301-540Z6-57 Overhead Lines - NA 0 0 �i Total Materials and Supplies - - - �z 502-6301-540.U-01 Personal Safety Equipment - NA 0 0 �a 502-6301-540.U-03 Vehide Allowance - NA 0 0 �a 502-6301-540.U-04 Education/Training - NA 0 0 �s 502-6301-540.U-06 Employee Recognition - NA 0 0 �e 502-6301-540.U-07 Mileage Reimbursement - NA 0 0 n 502-6301-540.U-21 Employee Recruitment - NA 0 0 �a Total Job Performance Expenses - - - �9 502-6301-540Z9-90 Short/Over Inventory Acct - NA 0 0 so 502-6301-540Z9-95 Depreciation - NA 0 0 si 502-6301-540Z9-97 A�cumulated Pant - NA 0 0 sz Total Other CurrentExpenses - - - s3 TOTAL DISTRIBUTION 0 0 0 Prepared by NewGen Strategies and Solutions P�p�7�of 8 V4 Estes Park Power and Communications Schedule 5 Classification of Customer Costs A B C D E F Line No. Account Account Description Test Year 2022 Allocation Factor Customer Total sa Customer Services Current Expenditures ss 502-6401-550.11-01 Supervisors 71,737 Customer 71,737 71,737 se 502-6401-550.11-02 RegularStaff 146,163 Customer 146,163 146,163 s� 502-6401-550.11-03 Seasonal5taff - Customer 0 0 sa 502-6401-550.11-04 Staff Overtime 13,8 Customer 13,850 13,850 s9 502-6401-550.11-OS SeasonalOvertime Customer 80 80 90 Total Personal Servi�e/Salaries 30 231,530 231,530 ei 502-6401-550.13-01 Cell Phone Customer 419 419 ez 502-6401-550.13-03 Vehide Allowance - Customer 0 0 ea Total Additional Compensation 419 419 419 ea 502-6401-550.14-11 Medicallnsurance 55,635 Customer 55,635 55,635 es 502-6401-550.14-12 Life Insurance 908 Customer 90S 90S ee 502-6401-550.14-14 Employee Assistance Prog 230 Customer 230 230 e� 502-6401-550.14-15 Dentallnsura 3,987 Customer 3,987 3,987 9a 502-6401-550.14-16 Vision Insur 1,027 Customer 1,027 1,027 e9 502-6401-550.14-17 MASA 416 Customer 416 416 ioo 502-6401-550.14-18 Telephone Doc 202 Customer 202 202 ioi 502-6401-550.14-21 Ta es/FICA-Medi 18,870 Customer 15,870 18,870 ioz 502-6401-550.14-31 nt/ICMA - Customer 0 0 ioa 502-6401-550.14-32 Retire t/PERA 31,762 Customer 31,762 31,762 ioa 502-6401-550.14-41 Work ompensati 763 Customer 763 763 ios 502-6401-550.14-90 Pe s - Customer 0 0 ioe 502-6401-550.14-99 y Capita ct - Customer 0 0 io� tal Employer Benefits 113,799 113,799 113,799 ios 502-6401-SSOZ1-02 Li 1,681 Customer 1,681 1,681 io9 502-6401-SSOZ1-50 Une oyment - Customer 0 0 uo Total Insurance Premiums 1,681 1,681 1,681 m 502-6401-SSOZ2-09 InfoTechnologyServices - Customer 0 0 uz 502-6401-SSOZ2-10 BankFees 533 Customer 533 533 ua 502-6401-SSOZ2-13 Contract/Skilled Servi�es - Customer 0 0 ua 502-6401-SSOZ2-26 Insurance Claims - Customer 0 0 us 502-6401-SSOZ2-98 Other 1,233 Customer 1,233 1,233 ue Total Prof.Services/Fees 1,765 1,765 1,765 m 502-6401-SSOZ3-01 Publication Fees - Customer 0 0 us Total Publishing - - - ii9 502-6401-SSOZ4-01 Equipment 1,278 Customer 1,275 1,275 izo 502-6401-550.24-03 Lease 4,800 Customer 4,800 4,800 iu Total Rentals 6,078 6,075 6,075 izz 502-6401-SSOZS-01 Maintenance Contracts 8,789 Customer 8,789 8,789 iz3 502-6401-550.25-03 Furniture/Fixtures - Customer 0 0 Prepared by NewGen Strategies and Solutions P�p��of 8 V Estes Park Power and Communications Schedule 5 Classification of Customer Costs A B C D E F Line No. Account Account Description Test Year 2022 Allocation Factor Customer Total iza 502-6401-550.25-98 Other Equipment/Ma�hinery 533 Customer 533 533 izs Total Repair and Maintenance 9,322 9,322 9,322 ize 502-6401-SSOZ6-01 Office Supplies 3,729 Customer 3,729 3,729 m 502-6401-SSOZ6-02 Postage 42,517 Customer 42,517 42,517 izs 502-6401-SSOZ6-03 Printing Forms 27,8 Customer 27,840 27,840 iz9 502-6401-SSOZ6-04 Freight/Shipping Customer 799 799 iao 502-6401-SSOZ6-1J Catering/Spec Circumstanc 99 Customer 799 799 iai 502-6401-SSOZ6-23 Furniture/Fixtures Customer 2,131 2,131 iaz 502-6401-SSOZ6-32 Data Processing Software 3, Customer 3,015 3,015 iaa 502-6401-SSOZ6-33 Data Processing Equipment 2,131 Customer 2,131 2,131 iaa 502-6401-SSOZ6-42 Office Equipment 799 ustomer 799 799 ias 502-6401-SSOZ6-46 Communi�ation Equipment - omer 0 0 iae Total Materials and Sup � 53,763 83,763 83,763 ia� 502-6401-SSO.U-04 Education/Training 13,317 Customer 13,317 13,317 ias 502-6401-SSO.U-OS Member Due bscriptions 533 Customer 533 533 ia9 502-6401-SSO.U-06 Employee R 266 Customer 266 266 iao 502-6401-SSO.U-07 Mileage Reim em 160 Customer 160 160 iai 502-6401-SSO.U-21 Employee Recr ent - Customer 0 0 iaz To alJob Perfor e nses 14,276 14,276 14,276 iaa 502-6401-SSOZ9-07 Uncol IeAc�ou 15,951 Customer 15,981 15,981 iaa 502-6401-550.29-25 Prom - Customer 0 0 ias 502-6401-SSOZ9-31 U - Customer 0 0 ia6 Other penses 15,951 15,981 15,981 ia� Current Expenditures 478,914 475,914 475,914 Admi tration/General ias 502-6501-560.11-01 Supervisors 18,184 Customer 15,184 18,184 ia9 502-6501-560.11-02 RegularStaff 45,366 Customer 45,366 45,366 iso 502-6501-560.11-03 Seasonal5taff - Customer 0 0 isi 502-6501-560.11-04 Staff Overtime 2,813 Customer 2,813 2,813 isz Total Personal Service/Salaries 66,363 66,363 66,363 is3 502-6501-560.13-01 Cell Phone 308 Customer 30S 30S isa 502-6501-560.13-03 Vehide Allowance - Customer 0 0 iss Total Additional Compensation 308 30S 30S ise 502-6501-560.14-11 Medicallnsurance 8,642 Customer 8,642 8,642 is� 502-6501-560.14-12 Life Insurance 192 Customer 192 192 iss 502-6501-560.14-14 Employee Assistance Prog 49 Customer 49 49 is9 502-6501-560.14-15 Dentallnsurance 807 Customer 807 807 ieo 502-6501-560.14-16 Visionlnsurance 226 Customer 226 226 iei 502-6501-560.14-17 MASA 88 Customer 8S 8S iez 502-6501-560.14-18 Telephone Doc 43 Customer 43 43 iea 502-6501-560.14-21 Taxes/FICA-Medicare 5,402 Customer 5,402 5,402 Prepared by NewGen Strategies and Solutions P�p�Gl.of 8 VO Estes Park Power and Communications Schedule 5 Classification of Customer Costs A B C D E F Line No. Account Account Description Test Year 2022 Allocation Factor Customer Total iea 502-6501-560.14-31 Retirement/ICMA401(A) 651 Customer 651 651 ies 502-6501-560.14-32 Retirement/PERA 8,297 Customer 8,297 8,297 iee 502-6501-560.14-35 Retirement/F.P.P.A - Customer 0 0 ie� 502-6501-560.14-41 Workers'Compensation 346 Customer 346 346 ies 502-6501-560.14-90 Pension Benefit Expense - Customer 0 0 ie9 502-6501-560.14-99 Salary Capital Contra Act Customer 0 0 i�o Total Employer Benefits 24,742 24,742 vi 502-6501-560Z1-01 Property - Customer 0 0 i�z 502-6501-560.21-02 Liability Customer 0 0 va Total Insurance Premiums - - - i�a 502-6501-560.22-01 Auditing 904 omer 904 904 vs 502-6501-560Z2-02 Engineering - Customer 0 0 ve 502-6501-560Z2-06 Medical 239 Customer 239 239 in 502-6501-560Z2-07 Recording Fees - Customer 0 0 vs 502-6501-560Z2-08 Legal - Customer 0 0 v9 502-6501-560Z2-09 InfoTechno 13,729 Customer 13,729 13,729 iso 502-6501-560.22-10 BankFees 292 Customer 292 292 iai 502-6501-560Z2-24 GIS - Customer 0 0 iaz 502-6501-560Z2-33 Data Processing - Customer 0 0 isa 502-6501-560Z2-89 ancial St - Customer 0 0 isa 502-6501-560.22-98 Other - Customer 0 0 ias Total .Services/F 15,164 15,164 15,164 iae 502-6501-560Z3-01 cation e 7S8 Customer 78S 78S is� tal Publishing 7S8 78S 78S ias 502-6501-560Z4-01 E nt - Customer 0 0 is9 502-6501-560Z4-02 Real perty - Customer 0 0 i90 502-6501-560Z4-03 Lease - Customer 0 0 i9i Total Rentals - - - i9z 502-6501-560Z5-01 Maintenance Contracts - Customer 0 0 i9a 502-6501-560Z5-02 Buildings - Customer 0 0 i9a 502-6501-560Z5-03 Furniture/Fixtures - Customer 0 0 i9s 502-6501-560Z5-04 Vehcile Equipment 5,626 Customer 5,626 5,626 i9e 502-6501-560Z5-OS Machinery/Tools - Customer 0 0 i9� 502-6501-560Z5-09 Vehide Repairs-Fleet Shp 14,627 Customer 14,627 14,627 i9s 502-6501-560Z5-44 Future Vehicle Purchase - Customer 0 0 i99 502-6501-560Z5-98 Other Equipment/Ma�hinery - Customer 0 0 zoo Total Repair and Maintenance 20,252 20,252 20,252 zoi 502-6501-560.26-01 Office Supplies 2,250 Customer 2,250 2,250 zoz 502-6501-560.26-02 Postage 900 Customer 900 900 zoa 502-6501-560Z6-03 Printing Forms 113 Customer 113 113 zoa 502-6501-560Z6-06 Small Tools 56 Customer 56 56 zos 502-6501-560.26-13 Medical 281 Customer 281 281 Prepared by NewGen Strategies and Solutions P�p��of 8 V Estes Park Power and Communications Schedule 5 Classification of Customer Costs A B C D E F Line No. Account Account Description Test Year 2022 Allocation Factor Customer Total me 502-6501-560Z6-14 Laboratory - Customer 0 0 zo� 502-6501-560.26-15 Exhibit/Display 138,499 Customer 135,499 135,499 ms 502-6501-560Z6-17 Catering/Spec Circumstanc 450 Customer 450 450 zo9 502-6501-560Z6-23 Furniture/Fixtures 563 Customer 563 563 uo 502-6501-560Z6-25 Energy Efficien�y 11,251 Customer 11,251 11,251 ui 502-6501-560Z6-32 Data Processing Software 2,2 Customer 2,250 2,250 uz 502-6501-560Z6-33 Data Processing Equipment Customer 1,125 1,125 ua 502-6501-560Z6-39 Fuel&Oil 26 Customer 5,626 5,626 ua 502-6501-560Z6-42 Office Equipment Customer 33S 33S us 502-6501-560Z6-43 Heavy Equipment Customer 225 225 ue 502-6501-560Z6-46 Communi�ation Equipment 2,250 Customer 2,250 2,250 m Total Materials and Supplies 166,177 166,177 166,177 us 502-6501-560.U-02 Uniform Allowance 225 Customer 225 225 u9 502-6501-560.U-03 Vehide Allowance - Customer 0 0 zzo 502-6501-560.27-04 Education/Training 1,350 Customer 1,350 1,350 zu 502-6501-560.U-OS Member Due bscriptions 1,463 Customer 1,463 1,463 zzz 502-6501-560.27-06 Employee R 394 Customer 394 394 zz3 502-6501-560.27-07 Mileage Reim em 56 Customer 56 56 zza 502-6501-560.27-10 Meal Reimburs nt-Em 225 Customer 225 225 zzs 502-6501-560.U-21 E loyee Recrui - Customer 0 0 zz6 Perform xpenses 3,713 3,713 3,713 zz� 502-6501-560.28-01 Telep 900 Customer 900 900 zzs 502-6501-560.28-02 Na 1,013 Customer 1,013 1,013 zz9 502-6501-560Z8-03 rical Ener 5,963 Customer 5,963 5,963 zao 502-6501-560Z8-04 ater 506 Customer 506 506 zai 502-6501-560Z8-OS r 169 Customer 169 169 zaz 502-6501-560Z8-06 Tr 'posal 1,463 Customer 1,463 1,463 z33 Total ility Expenditures 10,014 10,014 10,014 zaa 502-6501-560Z9-06 Interest on Deposits 1,278 Customer 1,275 1,275 z3s 502-6501-560.29-08 Payment In Lieu Of Taxes 391 Customer 391 391 zas 502-6501-560Z9-09 PUC Gross Receipt Taxes 629 Customer 629 629 za� 502-6501-560Z9-10 Franchise Fees 10,934 Customer 10,934 10,934 zas 502-6501-56091-28 Housing - Customer 0 0 za9 Total Other CurrentExpenses 13,233 13,233 13,233 zao Total Administration/General 320,754 320,754 320,754 zai TOTALCUSTOMER SERVICE 799,668 799,665 799,665 zaz Total O&M Expense without Depr.Exp. 799,668 799,668 799,668 zas Total O&M Expense Excluding Purchased Power&D 799,668 799,668 799,668 zaa DebtSeroice: zas 502-6700-470.22-10 Bank Fees - Customer 0 0 Prepared by NewGen Strategies and Solutions P�p�6,of 8 va Estes Park Power and Communications Schedule 5 Classification of Customer Costs A B C D E F Line No. Account Account Description Test Year 2022 Allocation Factor Customer Total zae 502-6700-470Z9-67 Amort Exp/Bond Issue Cost - Customer 0 0 za� 502-6700-470A1-01 Principal on Bonds - Customer 0 0 zas 502-6700-470A1-02 Interest on Bonds - Customer 0 0 za9 502-6700-470A1-OS Principal/Capital Lease - Customer 0 0 zso 502-6700-470A1-06 Interest/Capital Lease - Customer 0 0 zsi Total Debt Service 0 0 zsz OtherFunds zs3 502-6600-491.90-01 General Customer 0 0 zsa 502-6600-491.90-04 Community Reinvestment Customer 0 0 zss 502-6600-491.90-06 Medicallnsurance - Customer 0 0 zse 502-6600-491.90-07 Museum - ustomer 0 0 zs� 502-6600-491.90-29 Fire Servi�e Fund - omer 0 0 zss 502-6600-491.90-35 Vehide Replacement - Customer 0 0 zs9 502-6600-49192-31 Urban Renewal Authority - Customer 0 0 z6o Total Other Funds 0 0 0 zei Change in Working Capital 12,308 Customer 12,305 12,305 zez Capital Paid from Current Earnings zea 502-7001-58032-22 Bdlding Remode - Customer 0 0 zea 502-7001-58033-30 uipmen - Customer 0 0 zes 502-7001-58033-31 Furnit Fixtures - Customer 0 0 zes 502-7001-58033-32 Office ipment - Customer 0 0 ze� 502-7001-58033-33 Da nt - Customer 0 0 zes 502-7001-58033-34 rs - Customer 0 0 ze9 502-7001-58033-35 ansformers - Customer 0 0 z�o 502-7001-580.33-36 unication Equipment 18,002 Customer 15,002 18,002 z�i 502-7001-580.33-37 La ry Equipment - Customer 0 0 nz 502-7001-58033-38 Shop uipment - Customer 0 0 na 502-7001-58033-39 Stores Equipment - Customer 0 0 z�a 502-7001-580.33-41 Tools - Customer 0 0 z�s 502-7001-580.33-98 Other Equipment - Customer 0 0 ne 502-7001-58034-42 Trucks 39,380 Customer 39,380 39,380 n� 502-7001-58034-98 Other Machinery/Equipment - Customer 0 0 ns 502-7001-58035-55 Street Lights - Customer 0 0 n9 502-7001-58035-56 Poles/Towers/Fixtures - Customer 0 0 zao 502-7001-58035-57 Power Line Construction - Customer 0 0 zai 502-7001-580.35-58 Ina�tive Underground - Customer 0 0 zaz 502-7001-580.35-59 CustomerServiceLines 319,612 Customer 319,612 319,612 za3 502-7001-580.35-62 UT System Master Plan - Customer 0 0 zsa 502-7001-58035-66 Fiber Optic Install - Customer 0 0 zas 502-7001-580.37-01 Software Development - Customer 0 0 zae Total Capital 376,994 376,994 376,994 za� Subtotal Revenue Requirement 1,188,970 1,188,970 1,188,970 zas Less Other Incame Prepared by NewGen Strategies and Solutions P�p�7�of 8 vy Estes Park Power and Communications Schedule 5 Classification of Customer Costs A B C D E F Line No. Account Account Description Test Year 2022 Allocation Factor Customer Total za9 Additional Heater 656 Customer 656 656 z90 Customer Contribution - Customer 0 0 z9i Investment Income 2,580 Customer 2,580 2,580 z9z InfoTechnologyServices - Customer 0 0 z9a Pole Rental - Customer 0 0 z9a VehideWorkOrders Customer 0 0 z9s Field Work Orders 40 Customer 400,000 400,000 z9e Development Fees - Customer 0 0 z9� Meter Reading Customer 40,000 40,000 z9s Buildings Customer 0 0 z99 Other 50,000 Customer 50,000 50,000 aoo Fiberoptic Lease - ustomer 0 0 3oi Spe�ial Initial Reads 13,000 omer 13,000 13,000 aoz OutdoorAreaLights - Customer 0 0 aoa Surge Arrestor - Customer 0 0 aoa WriteOff 2,608 Customer 2,605 2,605 aos Electric Meter - Customer 0 0 aos Total Miscellaneous Revenue 508,844 SOS,S44 SOS,844 am Total Other Income 508,844 SOS,844 508,844 aos Forecasted Under-Recovery(per Financial Plan) - Customer 0 0 ao9 Total O&M Expense without Depr or PP 799,668 799,665 799,665 aio Debt Service 0 0 0 an Total Other Funds 0 0 0 aiz Change in Working Capital 12,308 12,305 12,308 aia Capital Paid from Current E 376,994 376,994 376,994 aia Less Otherincome 508,844 SOS,844 508,844 ais Less Planned Under- ry(per Financial P 0 0 0 aie Total Revenue Require 680,126 680,126 680,126 av ALLOCATION FACTORS ais Allocators 319 1 1 am Customer Customer 100% 100% 321 � � azz Not Appli�able NA 0% 0% Prepared by NewGen Strategies and Solutions P�g�Rof 8 IU Estes Park Power and Communications Schedule 6 Cost of Service by Customer Class A B C D E F G H I 1 K L M Small Commercial Large RMNP �ine Small Energy Time- Large Commercial Municipal Administrative RMNP Small RMNP Large No. Description Total Allocation Factor Residential Commercial of-Day Commercial Time-of-Day Rate Housing Administrative Administrative 7otal � Production z Customer 509,556 No.Customers W/O RMNP 349,109 100,931 1,226 48,299 433 9,559 0 0 0 509,556 3 Energy Summer(En) 1,360,770 NEFL @ Trans-PR Summer 522,735 344,569 6,421 445 769 3,401 37,874 0 0 0 1,360,770 a Energy Non-Summer(En) 3,217,708 NEFL @ Trans-PR Winter 1,564,232 703,545 18,188 8 1,594 83,141 0 0 0 3,217,708 s Renewable Tariff 7 Adder 0 NEFL @ Trans 0 0 0 0 0 0 0 0 0 0 5 RenewablelntermittentAdder 385,609 NEFL @ Trans 175,769 88,274 2,07 08,880 421 10,192 0 0 0 385,609 � Demand Summer(D) 432,250 Summer PR CP Platte River 210,336 100,864 1 95 823 10,055 0 0 0 432,250 s Demand NomSummer(D) 715,416 Winter PR CP Platte River 385,877 145,191 8 1 312 16,557 0 0 0 715,416 9 Demand Transmission 1,519,087 Transmission with Ratchet 771,107 324,602 7,009 378, 1,534 36,608 0 0 0 1,519,087 10 DA RMNP 0 NA 0 0 0 0 0 0 0 0 0 n SubtotalPRPA 8,140,396 3,979,163 1,807 39,45 2,101,301 ,517 203,986 0 0 0 8,140,396 iz PILOT,Franchise Fees and Other 127,415 PRPA Bill 62,283 28,29 617 32,890 133 3,193 0 0 0 127,415 is Total Production 8,267,811 4,041 6 1,836,276 ,069 2,134,191 8,650 207,179 - - - 8,267,811 ia Check TRUE �5 Distribution ie Demand Related v Substations 2,204,647 9 NCP W/RMNP 1,119,76 ,436 0,020 537,634 2,419 53,022 237 4,537 11,579 2,204,647 is Overhead 1,616,286 9 NCP W/RMNP 820,928 41,223 7,346 394,154 1,773 38,872 174 3,326 8,489 1,616,286 i9 Underground 910,311 9 NCP W/RMN 62,356 92,181 4,137 221,992 999 21,893 98 1,873 4,781 910,311 zo Transformers 477,070 Sum of Max Deman RMNP 316,610 6,551 1,403 61,693 353 8,276 55 800 1,329 477,070 Zi Subtotal-Distribution-Demand Related 5,208,314 1, 5,391 22,907 1,215,471 5,544 122,064 564 10,537 26,179 5,208,314 zz Customer Related 23 Overhead 1,071,774 No.Cus rs W/R 732,309 211,718 2,571 101,315 907 20,051 363 1,996 544 1,071,774 za Underground 600,002 N MNP 409,962 118,524 1,439 56,718 508 11,225 203 1,117 305 600,002 u Transformers 318,047 ustomers G 217,311 62,827 763 30,065 269 5,950 108 592 162 318,047 z5 Services 101,667 0.Customers W/ 69,466 20,083 244 9,611 86 1,902 34 189 52 101,667 2� Metering 328,758 .Customers W/R 224,630 64,943 789 31,077 278 6,151 111 612 167 328,758 zs Subtotal-Distribution-Customer Related 2,420,247 1,653,678 478,094 5,805 228,786 2,049 45,279 820 4,507 1,229 2,420,247 z9 Direct Assignment ao General Fund Transfer 1,855,719 T 463,930 922,522 11,201 441,461 3,953 0 1,581 8,697 2,372 1,855,719 31 0 0 0 0 0 0 0 0 0 0 0 az Subtotal-Distribution-Direct Assignment 1,855,719 463,930 922,522 11,201 441,461 3,953 0 1,581 8,697 2,372 1,855,719 aa Total Distribution 9,484,280 4,837,266 2,486,007 39,913 1,885,719 11,546 167,343 2,964 23,742 29,781 9,484,280 3a Check TRUE ss Customer 35 Customer 680,126 No.Customers W/RMNP 464,708 134,352 1,631 64,292 576 12,724 230 1,267 345 680,126 a� TotalCustomer 680,126 464,708 134,352 1,631 64,292 576 12,724 230 1,267 345 680,126 3s Check TRUE 39 Total Cost of Service 18,432,217 9,343,420 4,456,635 81,613 4,084,202 20,772 387,246 3,195 25,009 30,126 18,432,217 ai COS($/kWh) $0.1622 $0.1540 $0.1201 $0.1144 $0.1506 $0.1159 $03461 $0.0929 $0.0430 $0.1458 az Load Factor 17.8% 32.7% 47.4% 56.6% 38.2% 39.5% 25.9Y Prepared by NewGen Strategies and Solutions P�g�7�of 3 11 Estes Park Power and Communications Schedule 6 Cost of Service by Customer Class A B C D E F G H I 1 K L M Small Commercial Large RMNP �ine Small Energy Time- Large Commercial Municipal Administrative RMNP Small RMNP Large No. Description Total Allocation Factor Residential Commercial of-Day Commercial Time-of-Day Rate Housing Administrative Administrative 7otal aa ALLOCATION FACTORS aa FundamentalAllocators-lurisdictional as 14,411 5,867 120 ,275 70 687 0 0 0 28,431 a5 Demand(1 CP)Estes Park 1 CP Estes Park 51% 21% 0% 26% 0% 2% 0% 0% 0% 100% a� 40,757 14,546 624 22 1,807 0 0 0 73,078 as Demand(3 CP)Estes Park 3 CP Estes Park 56% 20% % 0% 2% 0% 0% 0% 100% a9 52,072 19,443 429 20, 29 2,276 0 0 0 95,125 so Demand(4 CP)Estes Park 4 CP Estes Park 55% 20% 0% 22°o 0% 2% 0% 0% 0% 100% si 69,868 30, 65 33,549 70 3,401 0 0 0 137,607 sz Demand(6 CP)Estes Park 6 CP Estes Park 51% / 24% 0% 2% 0% 0% 0% 100% s3 124,605 5 , 6 61,054 235 5,915 0 0 0 245,460 sa Demand(12 CP)Estes Park 12 CP Estes Park 51% 21 0% 25% 0% 2% 0% 0% 0% 100% ss 13, 73 4,871 124 5,585 48 578 0 0 0 24,679 55 Demand(1 CP)Platte River 1 CP Platte River 20% % 23% 0% 2% 0% 0% 0% 100% s� 39 13,567 20 1,523 0 0 0 68,110 ss Demand(3 CP)Platte River 3 CP Platte River % 20% 0% 2% 0% 0% 0% 100% s9 51,01 8 365 18,889 27 2,101 0 0 0 89,485 5o Demand(4 CP)Platte River 4 CP Platte River 57° 19% 0% 21% 0% 2% 0% 0% 0% 100% 6i 72,367 25,093 571 27,631 40 2,893 0 0 0 128,595 5z Demand(6 CP)Platte River 6 CP Platte Ri 56% 20% 0% 21% 0% 2% 0% 0% 0% 100% 63 780 ,663 911 53,117 196 5,212 0 0 0 224,880 5a Demand(12 CP)Platte River 12 CP Platte 21% 0% 24% 0% 2% 0% 0% 0% 100% 6s 32,409 15,542 212 16,763 127 1,549 0 0 0 66,602 66 Summer PR CP Platte River Sum tte Ri 49% 23% 0% 25% 0% 2% 0% 0% 0% 100% 6� 85,371 32,122 699 36,354 69 3,663 0 0 0 158,278 5s Winter PR CP Platte River nter PR CP Plat r 54% 20% 0% 23% 0% 2% 0% 0% 0% 100% 69 Tranmission Cost Before Ratchet 12 CP Estes Park 743,892 313,522 6,782 364,491 1,401 35,311 - - - 1,465,398 Additional Trasnmission Cost associated with �o Ratchet P Estes Park 27,214 11,080 227 13,738 133 1,297 - - - 53,689 �i Total Transmission Cost 771,107 324,602 7,009 378,229 1,534 36,608 - - - 1,519,087 �2 Transmission Transmi tchet 51% 21% 0% 25% 0% 2% 0% 0% 0% 100% 73 16,813 6,953 185 8,376 96 885 7 72 181 33,567 �a Demand(1 NCP)with RMNP 1 NCP W/RMNP 50% 21% 1% 25% 0% 3% 0% 0% 1% 100% 75 62,013 25,816 605 30,250 219 3,103 20 262 686 122,974 �5 Demand(4 NCP)with RMNP 4 NCP W/RMNP 50% 21% 0% 25% 0% 3% 0% 0% 1% 100% n 90,389 37,253 844 43,447 250 4,368 26 370 979 177,926 �s Demand(6 NCP)with RMNP 6 NCP W/RMNP 51% 21% 0% 24% 0% 2% 0% 0% 1% 100% 75 129,362 53,770 1,158 62,111 279 6,125 27 524 1,338 254,695 eo Demand(9 NCP)with RMNP 9 NCP W/RMNP 51% 21% 0% 24% 0% 2% 0% 0% 1% 100% a1 159,885 68,692 1,369 78,348 305 7,663 27 635 1,558 318,482 s2 Demand(12NCP)with RMNP 12 NCP W/RMNP 50% 22% 0% 25% 0% 2% 0% 0% 0% 100% a3 443,504 121,240 1,965 86,418 494 11,594 77 1,121 1,862 668,274 ea Sum of Max Demands with RMNP Sum of Max Demands W/RMNP 66% 18% 0% 13% 0% 2% 0% 0% 0% 100% as 57,610,664 28,933,187 679,330 35,687,102 137,894 3,340,617 0 0 0 126,388,795 s5 kWh Sold @ Meter kWh @ Meter 46% 23% 1% 28% 0% 3% 0% 0% 0% 100% Prepared by NewGen Strategies and Solutions P�g�aof 3 IL Estes Park Power and Communications Schedule 6 Cost of Service by Customer Class A B C D E F G H I 1 K L M Small Commercial Large RMNP �ine Small Energy Time- Large Commercial Municipal Administrative RMNP Small RMNP Large No. Description Total Allocation Factor Residential Commercial of-Day Commercial Time-of-Day Rate Housing Administrative Administrative 7otal e� 60,351,830 30,309,853 711,653 37,385,125 144,455 3,499,567 0 0 0 132,402,483 as NEFL(TransmissionService) NEFL@Trans 46% 23% 1% 28% 0% 3% 0% 0% 0% 100% s9 15,116,679 9,964,416 185,685 12,890,958 98,349 1,095,265 0 0 0 39,351,352 eo NEFL(Transmission Service)PR Summer NEFL @ Trans-PR Summer 38% 25% 0% % 0% 3% 0% 0% 0% 100% si 45,235,151 20,345,438 525,968 ,167 46,106 2,404,301 0 0 0 93,051,131 ez NEFL(TransmissionService�PRWinter NEFL@Trans-PRWinter 49% 22% 1% 26% 0% 3% 0% 0% 0% 100% s3 number of customer months 97,828 28,283 353 12 893 48 267 73 129,101 ea Weighting 1.0 1.0 10.0 3.0 1.0 1.0 1.0 ss Weighted Customer Months 97,828 28,283 343 13, 121 2,679 48 267 73 143,177 Weighted Number of Customer Months(Meter 96 Based)with RMNP No.Customers W/RMNP 68% 0% 9% 0% 2% 0% 0% 0% 100% 57 97,828 13,535 121 2,679 0 0 0 142,789 Weighted Number of Customer Months(Meter es Based)without RMNP No.Customers W/O RMNP 69% 2 0% 9% 0% 2% 0% 0% 0% 100% 99 0 0 0 0 0 0 0 0 0 1 ioo GeneralFund Transfer GFT 50% 1% 24% 0% 0% 0% 0% 0% 100% ioi 0 0 0 0 9,232 269,060 700,510 978,802 ioz Rocky Mountain National Park Direct Assignment RMNP DA / 0% 0% 0% 1% 27% 72% 100% 103 0 0 0 0 1 0 0 0 1 ioa Muncipal Municipal 0 0% 0% 0% 0% 100% 0% 0% 0% 100% ios 979,163 807,977 39,451 2,101,301 8,517 203,986 0 0 0 8,140,396 105 PRPA Bill PRPA Bill 49% 22% 0% 26% 0% 3% 0% 0% 0% 100% io� 0 0 0 0 0 0 0 1 0 1 ioa NotApplicable NA 0% 0% 0% 0% 0% 0% 0% 0% 0% Prepared by NewGen Strategies and Solutions P�g�aof 3 13 Estes Park Power and Communications Schedule 7 Revenue Summary by Customer Class A B C D E F G H I J K L M 2019 Rates C06 Irxrease over 2019 Rates N 2022 TY 2022 Nbdified TY 2071 Pctual Ina�ease versus Target Proposecl N 2022 Ina�ease from 2019 to 2022 Line No. Gass N 2022 Units Revenue($) Differerx:e($) Differerroe(%) Target Increase Target Increase Pc�ual I ncrease Differerioe($) Differerx:e(%) Reve�iue($) Differerx:e($) Differerroe(%) 1 R2Sid2ntiel $ 7,501,239 $ 8,114,870 $ 613,632 8.18% $ 613,632 $ 525,939 $ 525,939 $ 0 0.00% $ 8,027,177 $ 525,939 7.01% 2 Residential Derr�arxJ 568,569 460,850 (107,719) (18.95%) (107,719) 0 0 0.00% 568,569 0 0.00% 3 Residential Er�ergyTim�df-Day 630,458 719,554 89,096 14.13% 89,096 76,364 (0) 0.00% 706,822 76,364 12.11% 4 ResidentialBiergyBasicTime-of-Day 49,164 48,145 (1,019) (2.07%) (1,019) 0 0 0 0.00% 49,164 0 0.00% 5 Srrgll Cam�erciial 4,347,393 4,456,635 109,242 2.51% 109,242 93,630 0 0.00% 4,441,023 93,630 2.15% 6 Srrt711 Corrrn�'dal Er�'gyTirr�-of-Qay 85,069 81,613 (3,456) (4.06%) (3,456) (0) 0.00% 85,069 (0) (0.00%) 7 LargeCorrir�'cial 3,695,196 4,084,202 389,006 10.53% 389,006 333,414 (0) 0.00% 4,028,609 333,414 9.02% 8 LargeCorm�eraalTme-of-Day 18,327 20,772 2,445 13.34% 2,445 ,096 2,096 0 0.00% 20,423 2,096 11.44% 9 Muniapal 442,979 387,246 (55,733) (12.58%) (55,733) 0 (0) (0) 0.00% 442,979 (0) (0.00%) 10 R�MPPdrrinistrativeFbusing 1,738 3,195 1,457 83.87% 1,457 0 0 0.00% 1,738 0 0.00% 11 RNNPSrrraIlPrJrrinistrative 21,154 25,009 3,855 1822% 3, 0 0 0.00% 21,154 0 0.00% 12 RnMPLargePdrrinistrative 39,490 30,126 (9,364) (2:3.71%) ( , 0 0 0.00% 39,490 0 0.00% 13 Total $ 17,400,775 $ 18,432,217 $ 1,031,442 5.93% $ 1,031,44 , 1,031,442 $ 0 0.00% $ 18,432,217 $ 1,031,442 5.93% Prepared by NewGen Strategies and Solutions Pag��pf 1 I 4 Estes Park Power and Communications Schedule 8 Proposed Rate Schedules A B C D E F G H Proposed Rate 2022 2019 2020 2021 2022 Line No. Class Component Units C Rate Rate Rate Rate 1 Residential 2 (:ustorrier Charge 9'i/Bill 2 . 22.70 23.47 24.23 25.00 3 Fr�er'gy(;harge $/kV�h 0.1188 0.1095 0.1119 0.1144 0.1168 4 Wholesale Power Cast Adj�rrt Charge $/ 0.0028 0.0035 0.0000 0.0014 0.0028 5 6 Average Rate 9'i/MNh 0.1695 0.1565 0.1602 0.1639 0.1676 7 8 Residential Demand 9 Custorner'Charge 27.46 26.10 26.90 27.70 28.50 10 Fr�ergy Charge Surrrr�er 0.1126 0.1095 0.1119 0.1144 0.1168 11 Er�ergy(;harge Wirrter 0.0365 0.0654 0.0645 0.0636 0.0627 12 Derr�and Charge kW 12.53 13.60 13.60 13.60 13.60 13 Wholesale Powe�- ge $/kV�h 0.0028 0.0035 0.0000 0.0014 0.0028 14 15 Aver�e Rate $/kV�h 0.1105 0.1355 0.1358 0.1360 0.1363 16 17 Residential Energy Time-of-Day 18 (:ustorrier Charge 9'i/Bill 27.76 26.10 26.90 27.70 28.50 19 Fr�er'gy(;harge Or}Peak $/kV�h 0.1689 0.1520 0.1566 0.1612 0.1658 20 Er�ergy Charge Off-Peak $/MNh 0.0928 0.0760 0.0806 0.0852 0.0898 21 Wholesale Pov�-Cost Adjustirierrt Charge $/kV�h 0.0028 0.0035 0.0000 0.0014 0.0028 22 23 Aver�e Rate $/kV�h 0.1384 0.1209 0.1259 0.1309 0.1359 24 Prepared by NewGen Strategies and Solutions Page,���3 Estes Park Power and Communications Schedule 8 Proposed Rate Schedules A B C D E F G H Proposed Rate 2022 2019 2020 2021 2022 Line No. Class Component Units C Rate Rate Rate Rate 25 Residential Energy Basic Time-of-Day 26 (:ustorrier Charge 9'i/Bill 2 . 26.10 26.90 27.70 28.50 27 Energy(;harge Sumrr�er' $/kV�h 0.1166 0.1095 0.1119 0.1144 0.1168 28 Er�ergy Charge OrrPeak $/ 0.1689 0.1345 0.1470 0.1595 0.1719 29 Er�ergy(;harge Off-Peak $/ 0.0928 0.1077 0.1038 0.0998 0.0959 30 Wholesale Power Cast Adj�rrt Charge $/MNh 0.0028 0.0035 0.0000 0.0014 0.0028 31 32 Average Rate 0.1365 0.1389 0.1391 0.1392 0.1394 33 34 Small Commercial 35 Custorner'Charge 25.22 33.37 33.25 33.12 33.00 36 Fr�ergy Charge MNh 0.1266 0.1140 0.1154 0.1169 0.1183 37 Wholesale Powe�- ge $/kV�h 0.0028 0.0035 0.0000 0.0014 0.0028 38 39 Aver�e Rate $/kV�h 0.1540 0.1504 0.1515 0.1525 0.1535 40 41 Small Commercial Energy Time-o 42 (:ustorrier Charge 9'i/Bill 25.22 36.77 36.51 36.26 36.00 43 Fr�er'gy(;harge Or}Peak $/kV�h 0.1353 0.1615 0.1526 0.1438 0.1349 44 Er�ergy Charge Off-Peak $/MNh 0.0876 0.0708 0.0763 0.0818 0.0872 45 Wholesale Pov�-Cost Adjustmerrt Charge $/kV�h 0.0028 0.0035 0.0000 0.0014 0.0028 46 47 Aver�e Rate $/kV�h 0.1201 0.1248 0.1249 0.1251 0.1252 48 Prepared by NewGen Strategies and Solutions Page,��c�f 3 Estes Park Power and Communications Schedule 8 Proposed Rate Schedules A B C D E F G H Proposed Rate 2022 2019 2020 2021 2022 Line No. Class Component Units C Rate Rate Rate Rate 49 Large Commercial 50 (:ustorrier Charge 9'i/Bill 25 . 45.23 45.49 45.74 46.00 51 Er�ergy(�iarge $/kV�h 0.054 0.0625 0.0633 0.0640 0.0648 52 Derrrand Charge $/ 19.55 14.80 15.87 16.93 18.00 53 Wholesale Pov�-Cost Adjustmerrt Charge $/ 0.0028 0.0035 0.0000 0.0014 0.0028 54 55 Aver�e Rate 0.1144 0.1036 0.1067 0.1098 0.1129 56 57 Large Commercial Time-of-Day 58 Custorrier Charge 'II 252.23 53.18 53.79 54.39 55.00 59 Energy(�iarge OrrPeak 0.0774 0.0820 0.0848 0.0876 0.0904 60 Er�ergy Charge Off-Peak MNh 0.0365 0.0445 0.0461 0.0478 0.0495 61 Dertiand Char'ge $/kW 19.49 17.45 18.30 19.15 20.00 62 Wholesale ast Adj $/MNh 0.0028 0.0035 0.0000 0.0014 0.0028 63 64 Average Rate 9'i/MNh 0.1506 0.1331 0.1381 0.1431 0.1481 65 66 Municipal 67 Custorner'Charge $/Bill 75.67 0.00 9.00 18.00 27.00 68 Er�ergy Charge $/MNh 0.0929 0.1171 0.1149 0.1128 0.1106 69 Wholesale Pov�-Cost Adjustrnerrt Charge $/kV�h 0.0028 0.0035 0.0000 0.0014 0.0028 70 71 Aver�e Rate $/kV�h 0.1159 0.1327 0.1327 0.1326 0.1326 Prepared by NewGen Strategies and Solutions Page���f 3 TOWN OF ESTES PARK, COLORADO � PROPOSED Electric Rate Summa 2020-2023 Public Meetin 8/25/2020 � 5 T E S � P A " K rY , J � o � oRaofl On-Peak Off-Peak Standard Customer Energy Energy Demand Rate for Customer Rate Class Year�`� Charge Consumption Purchase Power Consumption Charge May thru $/Month Charge Rider$/kWh Charge $/kW August $/kWh $/kWh $/kWh RESIDENTIAL�'� � 2020 � $22.70 � $0.1095 � $0.00349 � --- � --- � --- Jan 2021 � $23.47 � $0.1119 � $0.00000 � --- � --- � --- Available to all residential customers and residential 2022 � $24.23 � $0.1144 � TBD � � � customers with electric heat up to 25,000 kWh annually. 2023 � $25.00 � $0.1168 � TBD � --- � --- � --- RESIDENTIAL DEMAND�'� � 2020 � $26.10 � $0.0654 � $0.00349 � --- � $13.60 � --- Available to existing customers on this rate,September Jan 2021 � $26.90 � $0.0645 � $0.00000 � --- � $13.60 � --- throuah April. All other times the Residential energy 2022 � $27.70 � $0.0636 � TBD � --- � $13.60 � --- charge would apply. 2023 � $28.50 � $0.0627 � TBD � --- � $13.60 � --- RESIDENTIAL ENERGY TIME-OF-DAY�'� � 2020 � $26.10 � $0.1520 � $0.00349 � $0.0760 � --- � --- Jan 2021 � $26.90 � $0.1566 � $0.00000 � $0.0806 � --- � --- Available to all residential customers using electric 2022 27.70 $0.1612 TBD � --- � --- thermal storage heat. � $ � � � $0.0852 2023 � $28.50 � $0.1658 � TBD � $0.0898 � --- � --- RESIDENTIAL ENERGY BASIC TIME-OF-DAY�'� � 2020 � $26.10 � $0.1345 � $0.00349 � $0.1077 � --- � $0.1095 Available to all residential customers not using electric Jan 2021 � $26.90 � $0.1470 � $0.00000 � $0.1038 � --- � $0.1119 thermal storage heat.These rates apply Seotember 2022 � $27.70 � $0.1595 � TBD � $0.0998 � --- � $0.1144 throuqh April.Standard rates apply May through August. 2023 � $28.50 � $0.1719 � TBD � $0.0959 � --- � $0.1168 SMALL COMMERCIAL�'� � 2020 � $33.37 � $0.1140 � $0.00349 � --- � --- � --- Jan 2021 � $33.25 � $0.1154 � $0.00000 � --- � --- � --- Available to all commercial customers with demands of y022 � $33.12 � $0.1169 � TBD � � � 35 kW or less. 2023 � $33.00 � $0.1183 � TBD � --- � --- � --- SMALL COMMERCIAL ENERGY TIME-OF-DAY��� � 2020 � $36.77 � $0.1615 � $0.00349 � $0.0708 � --- � --- Jan 2021 � $36.51 � $0.1526 � $0.00000 � $0.0763 � --- � --- Available to all commercial customers using electric 2022 � --- � --- thermal storage heat with demands of 35 kW or less � $36.26 � $0.1438 � TBD � $0.0818 2023 � $36.00 � $0.1349 � TBD � $0.0872 � --- � --- LARGE COMMERCIAL�'� � 2020 � $45.23 � $0.0625 � $0.00349 � --- � $14.80 � --- Jan 2021 � $45.49 � $0.0633 � $0.00000 � --- � $15.87 � --- Available to all commercial customers with demands 2022 � $45.74 � $0.0640 � TBD � --- � $16.93 � --- exceeding 35 kW 2023 � $46.00 � $0.0648 � TBD � --- � $18.00 � --- LARGE COMMERICIAL TIME-OF-DAY�'� � 2020 � $53.18 � $0.0820 � $0.00349 � $0.0445 � $17.45 � --- Jan 2021 � $53.79 � $0.0848 � $0.00000 � $0.0461 � $18.30 � --- Available to all commercial customers with demands 2�22 exceeding 35 kW � $54.39 � $0.0876 � TBD � $0.0478 � $19.15 � 2023 � $55.00 � $0.0904 � TBD � $0.0495 � $20.00 � --- OUTDOOR AREA LIGHTING � 2020 � $36.49 I --- I --- I --- I --- I --- Jan 2021 � $36.49 � --- � --- � --- � --- � --- Available for lighting outdoor private areas 2022 � $36.49 � --- � --- � --- � --- � --- 2023 � $36.49 � --- � --- � --- � --- � --- RENEWABLEENERGYCHARGE�'� � 2020 � --- � $0.0275 � $0.00000 I --- I --- I --- Jan 2021 � --- � $0.0275 � � --- � --- � --- Voluntary participation available to all classes;charge 2022 � --- � $0.0275 � � --- � --- � per 100 kWh block Zo2s � --- I $o.o2�s � I --- I --- I --- MUNICIPAL RATE�'� � 2020 � $0.00 � $0.1171 � $0.00349 � --- � --- � --- Jan 2021 � $9.00 � $0.1149 � $0.00000 � --- � --- � --- Available for electricty use on municipal property 2022 � $18.00 � $0.1128 � TBD � --- � --- � --- 2023 � $27.00 � $0.1106 � TBD � --- � --- � --- 118 TOWN OF ESTES PARK, COLORADO � PROPOSED Electric Rate Summa 2020-2022 Public Meetin 8/25/2020 f S T E S ��� P A R " rY , J � o � oRA � o RMNP ADMINISTRATIVE HOUSING � 2020 � $22.70 � $0.0690 � N/A I --- I --- I --- Available to Rocky Mountain National Park residences Jan 2021 � $22.70 � $0.0690 � N/A � --- � --- � --- having an alternate power source delivered to Estes 2022 � $22.70 � $0.0690 � N/A � --- � --- � --- Park's distribution system 2023 � $22.70 � $0.0690 � N/A � � � RMNP SMALL ADMINISTRATIVE � 2020 � $33.37 � $0.0456 � N/A I --- I --- I --- Available to RMNP administrative accounts having an Jan 2021 � $33.37 � $0.0456 � N/A � --- � --- � --- alternate power source delivered to Estes Park's 2022 � $33.37 � $0.0456 � N/A � --- � --- � --- distribution system with demands of 35kW or less 2023 � $33.37 � $0.0456 � N/A � � � RMNP LARGE ADMINISTRATIVE � 2020 � $45.23 � $0.0185 � N/A � --- � $12.50 � --- Available to RMNP administrative accounts having an Jan 2021 � $45.23 � $0.0185 � N/A � --- � $12.50 � --- alternate power source delivered to Estes Park's 2022 � $45.23 � $0.0185 � N/A � --- � $12.50 � --- distribution system with demands exceeding 35kW 2023 � $45.23 � $0.0185 � N/A � --- � $12.50 � --- NOTES: Fees for other work performed, such as service upgrades or line extensions, the developer or customer must pay for work performed. Payment must be made before the work is scheduled. The payment covers the cost of labor, materials, equipment, and overhead. (1) Purchase Power Rider is a pass-through of wholesale increases from PRPA; TBD for years 2021-2023 (2)The 2023 rates remain in effective until new rates are adopted by the Town Board. Residential Enerav Time-of-Da�i available only for residential customers using electric thermal storaae heat: OFF-PEAK for Residential Time-of-Day Customers: 1:00 pm to 3 pm and 10:00 pm to 6:00 am weekdays and all day on weekends and holidays(New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Eve and Christmas Day) ON-PEAK for Residential Time-of-Day Customers: 6:00 am to 1:00 pm and 3:00 pm to 10:00 pm weekdays Residential Enerqv"Basic"Time-of-Da�►,is available for every residential customer except as stated above. These rates apply onlv September thru April (for May thru August, the standard Residential rate applies): OFF-PEAK for Residential "Basic"Time-of-Day Customers: 7:00 pm to 4:00 pm the following day and all day weekends and the following holidays: Labor Day, Thanksgiving Day, Christmas Eve, Christmas Day and New Years Day ON-PEAK for Residential "Basic"Time-of-Day Customers: 4:00 pm to 7:00 pm weekdays Smart Meter/Advanced Meterinq Infrastructure Opt-Out Fees- One Time Enrollment Fee of$75 and monthly fee of$20 Avoided Cost paid to Net Meter Customers = $0.0175, the wholesale cost of energy minus$0.01 for administrative costs Updated 05-21-2020 119 �� ` �� ♦ O �` �� � � � a �� � � � � 10 120 i T��N o� ESTES PARr Memo � To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: June 9, 2020 RE: Policy 101 Division of Responsibilities— Revise to Remove the Larimer County Open Space Appointment. (Mark all that apply) ❑ PUBLIC HEARING ❑ ORDINANCE ❑ LAND USE ❑ CONTRACT/AGREEMENT ❑ RESOLUTION � OTHER Policy QUASI-JUDICIAL ❑ YES � NO Obiective: To revise Policy 101 Division of Responsibilities. Present Situation: After the swearing in of the Town Board at the April 28, 2020 meeting, the newly seated Board approved appointments to Boards, Commissions, and liaison positions through the adoption of Policy 101. Since the adoption of the appointments, it has come to the Town's attention the appointment of an elected official to the Larimer County Open Lands Advisory Board is not permissible. The current bylaws for the Board were updated after the last ballot initiative to reinstated the Open Space tax. The bylaws now state the Board shall consist of citizens appointed by the Board of County Commissioners which represent the geographical area. This eliminates the appointment of a Town Board elected official to the Board. Proposal: To revise Policy 101 to eliminate the appointment of a Town Board member to the Larimer County Open Lands Advisory Board. Staff would also note Trustee Zornes' appointment to the Board terminates on June 30, 2020. With the end of this term County staff would be advertising for his replacement. The intent is to fill the position with a citizen from the Estes Valley at large. Applications would be accepted through the Larimer County website at https://www.larimer.org/boards Advantaaes: To comply with the bylaws of the Larimer County Open Lands Advisory Board. 13 121 Disadvantaqes: Policy 101 would be out of compliance with the bylaws of the Larimer County Open Lands Advisory Board. Action Recommended: Approve the revisions to Policy 101. Finance/Resource Impact: None. Level of Public Interest Low. Sample Motion: I approve/deny the revisions to Policy 101 as outlined. Attachments: Revised Policy 101 with redlines. 1• 122 Effective Period: Until Superseded Review Schedule: After each municipal election : Revised: nn/�Q/�n�n 06/09/2020 - Effective Date: ^�'4��^06/09/2020 � References: Governing Policies Manual; Governance Policy Manual 1.6 Board Appointed Committee Principles �: TOWN BOARD POLICY GOVERNANCE BOARD OF TRUSTEES DIVISION OF RESPONSIBILITIES 101 1. Purpose The Board ofTrustees has many varied responsibilities. In orderto effectively use their time, the Board finds it necessary to divide duties and responsibilities among the Board members. 2. Assignments To Ongoing Committees: At the first regular meeting following the certification of the results of each biennial election, the Board of Trustees determines each Board and Commission Primary Liaison assignments and responsibilities for the remainder of the term of the current standing Town Board. a. Interim Assignments: Should the Board deem it necessary to create a new liaison assignment or to modify assignments at some time other than as described in 101.2, the Board may do so at any regular meeting of the Board. 3. Assignment To Committees Of The Board Of Trustees (committees comprised solely of members of the Board of Trustees) a) Assignments to Audit Committee: At the first regular meeting following the certification of the results of each biennial election,the Mayor shall appoint two(2)Trustees to the Audit committee with the Mayor serving as the third member. (Ord. 26-88 §1(part), 1988; Ord. 7-03 §1, 2003; Ord. 10-10 §1, 2010; Ord. 10-14 §1, 2014; Ord. 13-15, § 1, 9-22-2015) b) Assignment to Special Committees: Special committees may be established by the Board of Trustees. The Mayor shall appoint all members of any special committee subject to the approval of the Board of Trustees. (Estes Park Municipal Code 2.08.020) 4. Appointment of Mayor Pro-Tem: "At its first meeting following the certification of the results of each biennial election, the Board of Trustees shall choose one (1) of the Trustees as Mayor Pro Tem who, in the absence of the Mayor from any meeting of the Board of Trustees, or during the Mayor's absence from the Town or his or her inability to act,shall perform his or her duties." (Estes Park Municipal Code 2.16.010) Revisions^^�'��06/09/2020 18 123 Effective Period: Until Superseded Review Schedule: After each municipal election : Revised: nn/�Q/�n�n 06/09/2020 - Effective Date: ^�'4��^06/09/2020 � References: Governing Policies Manual; Governance Policy Manual 1.6 Board Appointed Committee Principles �: TOWN BOARD POLICY GOVERNANCE BOARD OF TRUSTEES DIVISION OF RESPONSIBILITIES 101 5. Special Assignments to Ad-Hoc and Temporary Committees: The Mayor may nominate trustees to serve on committees, community groups, or in some other capacities as a representative of the Town, except in cases where a Board Liaison has been approved by the Board of Trustees (Policy 1.7.) The Mayor shall present the nomination of any such appointments to the Board for approval at a regular town board meeting. The Mayor will make every effort to distribute special assignments equitably among the members of the Board. 6. Interview panels for Town Committees—In accordance with Section IV A 6 of Policy 102,Town Committees, "Applicants for all committees will be interviewed by the Town Board, or its designees. Any designees will be appointed by the full Town Board." 7. Outside Committees — Outside committees are committees or boards where the Town is represented by a member of the Board of Trustees and/or staff. These are not committees of the Town of Estes Park and therefore the rules and guidelines for membership are those of the outside entity not the Town. At times, they may request that the Trustees assign an individual(s) to represent the Town, however they may also request a specific individual or position as the Town's representative to the committee. 8. Liaison Assignments-The Mayor may nominate trustees to serve as a Board Liaison.The Mayor shall present the nomination of any such appointments to the Board for approval at a regular town board meeting. The Mayor will make every effort to distribute special assignments equitably among the members of the Board. 9. Special Consideration for Platte River Power Authority (PRPA) Board - The Mayor or the Mayor's designee serves on the PRPA Board ex officio. The second PRPA Board appointment shall be approved by the Town Board, with preference for the Utility Director per PRPA Resolution 07-19. Revisions^^�'��06/09/2020 ze 124 Effective Period: Until Superseded Review Schedule: After each municipal election � I Revised: nn/�Q/�n�n 06/09/2020 - Effective Date: ^�'4��^06/09/2020 � References: Governing Policies Manual; Governance Policy Manual 1.6 Board Appointed Committee Principles �iR: TOWN BOARD POLICY GOVERNANCE BOARD OF TRUSTEES DIVISION OF RESPONSIBILITIES 101 Board Assignments Mayor Pro-Tem - Trustee Martchink eoard and Commission and Community Representation : . . . . . . . . . . - . Estes Park Planning Commission Trustee MacAlpine Randy Hunt Advisory/ Decision Making I Estes Park Board of Adjustment I Trustee MacAlpine I Randy Hunt I Decision Making I Western Heritage Inc Trustee Cenac n/a Outside Estes Park Museum Friends and Foundation Derek Fortini Outside Inc. I Ambassadors I I Teri Salerno I Outside I I Police Auxiliary I Trustee Younglund I Wes Kufeld I Working Group I I Parks Advisory Board I Trustee Cenac I Brian Berg I Advisory I I Transportation Advisory Board I Trustee Bangs I Greg Muhonen I Advisory I I Estes Valley Restorative Justice I Trustee Bangs I Denise Lord I Working Group I Estes Park Board of Appeals Trustee MacAlpine Randy Hunt Advisory/Decision Making I Sister Cities I Trustee MacAlpine I n/a I Working Group I I Family Advisory Board I Trustee Younglund I Jason Damweber I Advisory I I Revisions^^�'��06/09/2020 49 125 Effective Period: Until Superseded Review Schedule: After each municipal election I Revised: nn/�Q/�n�n 06/09/2020 Effective Date: ^�'4��^06/09/2020 � References: Governing Policies Manual; Governance Policy Manual 1.6 Board Appointed Committee Principles �iR: TOWN BOARD POLICY GOVERNANCE BOARD OF TRUSTEES DIVISION OF RESPONSIBILITIES 101 . - . : . . . � . . . - . . . - . . - . Audit Committee Mayor Koenig Advisory Mayor Pro Tem Travis Machalek Martchink Duane Hudson Trustee MacAlpine Colorado Association of Ski Towns (CAST) Voting Designee n/a Outside — Mayor Koenig Alt Designee TA Machalek Platte River Power Authority Board of I Mayor Koenig Reuben Bergsten Outside Directors Ii -,.-�.�,.,,,r �„��n+„ nn„n i -,,,.�� R„-„-,� I T,-���+�„ r-�„n-, � I � I 9-k�5+�e Estes Park Economic Development Trustee n/a Outside Corporation Board of Directors Martchink &TA Machalek Larimer County Solid Waste Policy Council I Trustee Zornes I I Outside Local Marketing District (Visit Estes Park) Mayor Koenig, n/a Outside Trustee Cenac Regional Transportation Infrastructure Trustee Outside Funding Task Force Martchink Larimer County Behavioral Health Policy I Trustee Zornes n/a Outside Council Wendy Koenig Mayor I Revisions^"�'��06/09/2020 se 126 i T��N o� ESTES PARr Memo • To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Vanessa Solesbee, Parking & Transit Manager Greg Muhonen, PE, Public Works Director Date: June 9, 2020 RE: Resolution 32-20 CDOT Agreement for Federal Transit Administration CARES Act funding to support Estes Transit (Mark all that apply) ❑ PUBLIC HEARING ❑ ORDINANCE ❑ LAND USE ❑ CONTRACT/AGREEMENT � RESOLUTION ❑ OTHER QUASI-JUDICIAL ❑ YES � NO Obiective: Public Works staff seeks approval of Resolution 32-20, the Colorado Department of Transportation (CDOT) agreement for Federal Transit Administration (FTA) CARES Act funds to support 2020 Estes Transit administration and operating expenses. Present Situation: On April 17, 2020, the Town received notification from CDOT that Estes Park was eligible to receive $94,975 from the Federal government's COVID-19 relief effort, the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The FTA allocated $25 billion of CARES Act funds to recipients of urbanized area and rural area formula funds. CDOT, as the direct recipient of the FTA-5311 Rural Formula Program, received over $39 million CARES Act assistance for Colorado rural public transportation providers. The purpose of the CARES Act transit funding is to support transit operations to prevent, prepare for and respond to COVID-19. These funds are available to support capital, operating, administrative and other expenses incurred in response to economic or other conditions caused by COVID-19. The Town's services, Estes Transit, qualifies for these funds. Proposal: Public Works staff recommends acceptance of the available CARES Act funding to support the following goals and activities (as outlined in the grant agreement): • Support transit operations to prevent, prepare for, and respond to COVID-19 (including investments in personal protective equipment, additional vehicle cleaning and other public health measures that protect drivers and passengers); 29 127 • Provide transportation options that enhance access to health care, education, public services, recreation, social transactions, and other basic needs; • Assist in the maintenance, development, improvement and use of transportation; • Encourage and facilitate the most efficient use of all transportation funds used to provide passenger transportation through coordination of programs and services; and • Encourage mobility management. Town staff estimate that 50 percent of the CARES Act funding will be used for administrative expenses (e.g., program manager salary, marketing, insurance, office supplies) and 50 percent for operating expenses (e.g., contracted transit services provided by Rocky Mountain Transit Management, cleaning supplies, PPE). Advantaaes: • The funds could reduce Estes Transit's reliance on the General Fund in 2020 by nearly one third (of the remaining total budgeted amount for 2020). • Accepting these funds sends a strong message to both CDOT and the FTA (key grant funding partners) that the Town values public transportation access for residents and visitors. • There is no cost share (local match) requirement. Disadvantaaes: • Grant administration is required to ensure accurate and complete documentation; however, the Town has resources including the Project Manager, Finance Director, Grant Accountant and Grant Specialist to ensure compliance. • If the Town decides to completely suspend transit service in 2020, the Town will not be able to fully utilize this grant funding; however, the Town could pass the fund through to a nonprofit transportation partner (e.g., Via Mobility Services) to provide additional service in Estes Park with the appropriate contract documentation. Action Recommended: Staff recommend approval of Resolution 32-20 CDOT Agreement for Federal Transit Administration CARES Act funds to support 2020 Estes Transit administration and operating expenses. Finance/Resource Impact: The CARES Act funding is 100 percent federal share; no cost share (local match) from the Town is required. Town staff involved in this program are tracking time through the Town's electronic timesheet program for eligible reimbursement and the Town is allowed to use the CARES Act funding to pay for eligible contracted transit services (through Rocky Mountain Transit Management). These funds are available through December 31, 2020; and this is considered the first phase of funding. It is not clear what additional phases will offer and if the Town would be eligible. Level of Public Interest Public interest in continued transit services for the Town of Estes Park is moderate to high. Interest in this particular resolution for CARES Act funding to support Estes Transit is likely low. so 128 Sample Motion: I move to approve/deny Resolution 32-20 and the Agreement for CARES Act funds to support 2020 Estes Transit services. Attachments: 32-20 Resolution CDOT Subaward Agreement - LINK ss 129 RESOLUTION 32-20 APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR FEDERAL TRANSIT ADMINISTRATION CARES ACT GRANT FUNDING TO SUPPORT 2020 ESTES TRANSIT ADMINISTRATION AND OPERATING EXPENSES WHEREAS, the Town Board desires to enter into the intergovernmental agreement referenced in the title of this resolution for the purpose of supporting transit administration and operations. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves, and authorizes the Mayor to sign, the intergovernmental agreement referenced in the title of this resolution in substantially the form now before the Board. DATED this day of , 2020. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: � Town Attorney se 130 STATE OF COLORADO SUBAWARD AGREEMENT COVER PAGE State Agency Agreement Number/PO Number Department of Transportation 20-HTR-ZL-03243 /491002209 Subrecipient Agreement Performance Beginning Date TOWN OF ESTES PARK The Effective Date Initial Agreement Expiration Date Subaward Agreement Amount December 31,2020 Federal Funds Fund Expenditure End Date Maximum Amount(100%) $94,975.00 December 31,2020 Local Funds Agreement Authority Local Match Amount(0%) $0.00 Authority to enter into this Agreement exists in CRS§§43-1-106,43-1-1]0,43-1-117.5,43-1-701, Agreement Total $94,975.00 43-1-702 and 43-2-101(4)(c),appropriated and otherwise made available pursuant to the CARES Act,FAST ACT,MAP-21,SAFETEA_LU,49 USC§53. Agreement Purpose CARES Act provides funds to prevent,prepare for,and respond to COVID-19.CARES Act funds are available for all FTA Section 5307 and 5311 recipients(including those in large urban areas),to support capital,operating,administrative, and other expenses(generally eligible under those programs)incurred in response to economic or other conditions caused by COVID-19. The work to be completed under this Agreement by the Subrecipient is more specifically described in Exhibit A. Exhibits and Order of Precedence The follo�ving Exhibits and attachments are included with this Agreement: 1. Exhibit A—Statement of Work and Budget. 2. Exhibit B—Sample Option Letter. 3. Exhibit C—Federal Provisions. 4. Exhibit D—Required Federal Contract/Agreement Clauses. 5. Exhibit E—Verification of Payment. in the event of a conflict or inconsistency between this Agreement and any Exhibit or attachment, such conflict or inconsistency shall be resolved by reference to the documents in the following order of priority: 1. Exhibit C—Federal Provisions. 2. Exhibit D—Required Federal ContractlAgreement Clauses. 3. Colorado Special Provisions in §17 of the main body of this Agreement. 4. The provisions of tlie other sections of the main body of tliis Agreement. 5. Exhibit A—Statement of Work and Budget. 6. Executed Option Letters(if any). Principal Representatives For the State: For Subrecipient: Moira Moon Vanessa Solesbee Division of Transit and Rail TOWN OF ESTES PARK Colorado Dept.of Transportation PO BOX 1200 2829 W.Ho�vard Place ESTES PARK,CO 80517 Denver,CO 80204 vsolesbee@estes.org moira.moon@state.co.us ContractNumbcr:20-HTR-ZL-03243 491002209 Pagc I of44 Vcrsion 10 23l19 131 SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS AGREE�ZENT Each person signing this Agreement represents and warrants H�at die signer is duly authorized ro execute this Agreement and to bind the Party authorizing st�ch signatt�re. SUBRE'CIPIENT STATE OF COLORADO TOWN OF ESTES PARK Jared S. Polis,Governor Department of Transportation Shoshana M. Lew,Executive Director By: David Knitsinger,Director Division of Transit and Rail By:Print Name of Authorized Individual Date: Date: 2nd State or Subrecipient Signature if needed LEGAL REVIEW Philip J.Weiser,Attorney General By: Assistant Attorney General ` By:Print Name of Authorized Individu�►1 Date: Date� In accordance with �24-30-202,C.R.S., this Agreement is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros,CPA,MBA,JD By: Department of Transportation Effective Date: Contract Numbcr:20-HTR-ZL-03243 491002209 Pagc 2 of44 Vcrsion ]0 23119 132 TABLE OF CONTENTS I. PARTIES ................................................................................................................................................3 2. TERM AND EFFECTIVE DATE..........................................................................................................3 3. DEFINITIONS........................................................................................................................................4 4. STATEMENT OF WORK AND BUDGET...........................................................................................6 5. PAYMENTS TO SUBRECIPIENT........................................................................................................6 6. REPORTING -NOTIFICATION...........................................................................................................8 7. SUBRECIPIENT RECORDS .................................................................................................................9 8. CONFIDENTIAL INFORMATION- STATE RECORDS....................................................................9 9. CONFLICTS OF INTEREST............................................................................................................... 10 10. INSURANCE........................................................................................................................................ 11 11. BREACH OF AGREEMENT............................................................................................................... 12 12. REMEDIES........................................................................................................................................... 12 13. DISPUTE RESOLUTION.................................................................................................................... 14 14. NOTICES and REPRESENTATIVES.................................................................................................. 14 15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION...................................................... 14 16. GENERAL PROVISIONS.................................................................................................................... 15 17. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3)..................................... 17 1. PARTIES This Agreement is entered into by and between Subrecipient named on the Cover Page for this Agreement (the "SubrecipienY'), and the STATE OF COLORADO acting by and through the State agency named on the Cover Page for this Agreement (the "State"). Subrecipient and the State agree to the terms and conditions in this Agreement. 2. TERM AND EFFECTIVE DATE A. Effective Date This Agreement shall not be valid or enforceable until the Effective Date, and the Grant Funds shall be expended by the Fund Expenditure End Date shown on the Cover Page for this Agreement. The State shall not be bound by any provision of this Agreement before the Effective Date,and shall have no obligation to pay Subrecipient for any Work performed or expense incurred before the Effective Date,except as described in §S.D,or after the Fund Expenditure End Date. B. Initial Tern� The Parties' respective performances under this Agreement shall commence on the Agreement Performance Beginning Date shown on the Cover Page for this Agreement and shall terminate on the Initial Agreement Expiration Date shown on the Cover Page for this Agreement(the"Initial Term")unless sooner terminated or fi►rther extended in accordance with the terms of this Agreement. C. Extension Terms-State's Option The State,at its discretion,shall have the option to extend the performance under this Agreement beyond the Initial Term for a period,or for successive periods, of one year or less at the same rates and under the same terms specified in this Agreement(each such period an"Extension Term").In order to exercise this option, the State shall provide written notice to Subrecipient in a form substantially equivalent to the Sample Option Letter attached to this Agreement. D. End of Term Extension If this Agreement approaches the end of its Initial Term, or any Extension Term then in place,the State, at its discretion, upon written notice to Subrecipient in a form substantially equivalent to the Sample Option Letter attached to this Agreement,may unilaterally extend such Initial Term or Extension Term for a period not to exceed two months(an"End of Term Extension"),regardless of whether additional Extension Terms are available or not.The provisions of this Agreement in effect when such notice is given shall remain in effect during the End of Term Extension. The End of Term Extension shall automatically terminate upon execution of a replacement Agreement or modification extending the total term of this Agreement. Contract Numbcr:20-HTR-ZL-03243 491002209 Pagc 3 of 44 Vcrsion]0123119 133 E. Early Termination in the Public Interest The State is entering into this Agreement to serve the public interest of the State of Colorado as determined by its Governor, General Assembly, or Courts. If this Agreement ceases to further the public interest of the State,the State,in its discretion,may ternlinate this Agreement in whole or in part.A determination that this Agreement should be tenninated in the public interest shall not be equivalent to a State right to tenninate for convenience.This subsection shall not apply to a termination of this Agreement by the State for 8reach of Agreement by Subrecipient,which shall be governed by§12.A.i. i. Method and Content The State shall notify Subrecipient of such termination in accordance with§14.The notice shall specify the effective date of the termination and whether it affects all or a portion of this Agreement, and shall include, to the extent practicable,the public interest justification for the termination. ii. Obligations and Rights Upon receipt of a termination notice for termination in the public interest, Subrecipient shall be subject to the rights and obligations set forth in§12.A.i.a. iii. Payments If Ehe State terminates this Agreement in the public interest, the State shall pay Subrecipient an amount equal to the percentage of the total rcimbursement payable under this Agreeme:it that corresponds to the percentage of Work satisfactorily completed and accepted, as determined by the State, less payments previously made.Additionally,if Ehis Agreement is less than 60°o completed,as determined by the State, the State may reimburse Subrecipient for a portion of actual out-of-pocket expenses, not otherwise reimbursed under this Agreement, incurred by Subrecipient which are directly attributable to the uncompleted portion of Subrecipient's obligations,provided that the sum of any and all reimbursement shall not exceed the Subaward Maximum Amount payable to Subrecipient hereunder. F. Subrecipient's Termination Under Federal Requiremcnts Subrecipient may rcquest tcrmination of this Agrecment by sending notice to the STate, or to the Federal Awarding Agency with a copy to the State,which includes the reasons for the termination and the effective date of the termination. If this Agreement is terminated in this manner, then Subrecipient shall return any advanced payments made for work that will not be performed prior to the effective date of the termination. 3. DEF[NITIONS The following terms shall be constn�ed and interpreted as follows: A. "AgreemenY' means this subaward agreement, including all attached Exhibits, al� documents incorporated by reference,all referenced stattttes,ntles and cited authorities,and any future modifications thereto. B. "Award" means an award by a Recipient to a Subrecipient funded in whole or in part by a Federal Award. The terms and conditions of the Federal Award flow down to the Award unless the terms and conditions of the Federal Award specifically indicate otherwise. C. "Breach of Agreement" means the failure of a Party to perform any of its obligations in accordance with this Agreement,in whole or in part or in a timely or satisfactory manner.The institution ofproceedings under any bankniptcy, insolvency,reorganization or similar law,by or against Subrecipient, or the appointment of a receiver or similar officer for Subrecipient or any of its property,which is not vacated or fully stayed within 30 days after the institution of such proceeding, shall also constitute a breach. If Subrecipient is debarred or suspended under fi24-109-105, C.R.S., at any time during the term of this Agreement, then such debarment or suspension shall constitute a breach. D. "Budget"means the budget for the Work described in Exhibit A. E. "Business Day"means any day other than Saturday, Sunday, or a legal holiday as listed in §24-11-101(1), C.R.S. F. "CORA"means the Colorado Open Records Act, ,��'fi24-72-200.1,et.seq.,C.R.S. G. "Deliverable" means the otttcome to be achieved or output to be provided, in the form of a tangible or intangible Good or Service that is produced as a resttlt of Subrecipient's Work that is intended to be delivered by Subrecipient. Contract Tfumbcr:20-HTR-ZL-03243 491002209 Pagc 4 of 44 Vcrsion 10 23/19 134 H. "Effective Date" means the date on which this Agreement is approved and signed by the Colorado State Controller or designee,as shown on the Signature Page for this Agreement. I. "End of Term Extension"means the time period defined in§2.D. J. "Exhibits"means the exhibits and attachments included with this Agreement as shown on the Cover Page for this Agreement. K. "Extension Term"means the time period defined in§2.C. L. "Federal A�vard" means an award of Federal financial assistance or a cost-reimbursement contract, under the Federal Acquisition Regulations or by a formula or block grant,by a Federal Awarding Agency to the Recipient. "Federal Award"also means an agreement setting forth the terms and conditions of the Federal Award. The term does not include payments to a Subrecipient or payments to an individual that is a beneficiary of a Federal program. M. "Federal A�varding Agency" means a Federal agency providing a Federal Award to a Recipient. Federal Transit Administration(FTA)is the Federal Awarding Agency for the Federal Award which is the subject of this Agreement. N. "FTA" means Federal Transit Administration. O. "Goods" means any movable material acquired, produced, or delivered by Subrecipient as set forth in this Agreement and shall include any movable material acquired, produced, or delivered by Subrecipient in connection with the Services. P. "Grant Funds" means the funds that have been appropriated, designated, encumbered, or otherwise made available for payment by the State under this Agreement. Q. "Incident"means any accidental or deliberate event that results in or constitutes an imminent threat of the unauthorized access, loss, disclosure, modification, disruption, or destruction of any communications or information resources of the State, which are included as part of the Work, as described in §§24-37.5-401, et.seq., C.R.S. Incidents include,without limitation(i)successful attempts to gain unauthorized access to a State system or State Records regardless of where such information is located; (ii) unwanted disruption or denial of service; (iii) the unauthorized use of a State system for the processing or storage of data; or(iv) changes to State system hardware, firmware, or software characteristics without the State's knowledge, instniction,or consent. R. "Initial Term"means the time period defined in§2.B. S. "Master Agreement"means the FTA Master Agreement document incorporated by reference and made part of FTA's standard tenns and conditions governing the administration of a project supported with federal assistance awarded by FTA. T. "Matching Funds" (Local Funds, or Local Match) means the funds provided by Subrecipient as a match required to receive the Grant Funds and includes in-kind contribution. U. "Party"means the State or Subrecipient,and"Parties"means both the State and Subrecipient. V. "PII" means personally identifiable inforn�ation including, without limitation, any inforniation maintained by the State about an individual that can be used to distinguish or trace an individual's identity,such as name, social security number, date and place of birth, mother's maiden name, or biometric records. PII includes. but is not limited to, all information defined as personally identifiable information in ��24-72-501 and 24- 73-101,C.R.S. W. "Recipient" means the State agency shown on the Signature and Cover Pages of this Agreement, for the purposes of this Federal Award. X. "Services" means the services to be performed by Subrecipient as set forth in this Agreement and shall include any services to be rendered by Subrecipient in connection with the Goods. Y. "State Confidential Information"means any and all State Records not subject to disclosure under CORA. State Confidential Information shall include but is not limited to PII and State personnel records not subject to disclosure under CORA.State Confidential Information shall not include information or data concerning individuals that is not deemed confidential but nevertheless belongs to the State, which has been communicated,furnished,or disclosed by the State to Subrecipient which(i)is subject to disclosure pursuant to CORA; (ii) is already known to Subrecipient without restrictions at the time of its disclosure to Subrecipient; (iii) is or subsequently becomes publicly available without breach of any obligation owed by Subrecipient to the State;(iv)is disclosed to Subrecipient,without confidentiality obligations,by a third party ContractNumbcr:20-H7"R-ZL-03243 491002209 Pagc 5 of44 Vcrsion 10 23 19 135 who has the right to disclose such information; or(v)was independeutly developed without reliance on any State Confidential lnformation. Z. "State Fiscal Rules" means tlte fiscal niles promulgated by the Colorado State Controller pursuant to §24- 30-202(I 3)(a),C.R.S. AA."State Fiscal Year"means a 12-month period beginning on July 1 of each calendar year and cnding on June 30 of the following calendar year. If a single calendar year follows the term, then it means the State Fiscal Year ending in tltat calendar year. BB. "State Records"means any and all State data, information,and records regardless of physical form. CC."Subaward �laximum Amount"means an amount equal to the total of Grant Funds for this Agreement. DD."Subcontractor" means any third party engaged by Subrecipient to aid in performance of the Work. "Subcontractor"also includes sub-recipients of Grant Funds. EE. "SubrecipienY' means a non-Federal entity that receives a sub-award from a Recipient to carry out part of a Federal program but does not include an individual that is a beneficiary of such program.A Subrecipient may also be a recipient of other Federal Awards directly from a Federal Awarding Agency. For the purposes of this Agreement,Contractor is a Subrecipient. FF. "Uniform Guidance"means the Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200, commonly kno�vn as the "Super Circular,which supersedes requirements from OMB Circulars A-21,A-87,A-110,A-122,A-89,A- 102, and A-133,and the guidance in Circular A-50 on Single Audit Act follow-up. GG."Work"means the Goods delivered and Services performed pursuant to this Agreement. HH."Work ProducY' means the tangible and intangible results of the Work, whether finished or unfinished, including drafts. Work Product includes, but is not limited to, documents, text, software (including source code),research,reports,proposals,specifications,plans,notes,studies,data,images,photographs,negatives, pichires, drawings,designs, models, surveys, maps, materials,ideas, concepts, know-how, inforn�ation,and any other results of tlte Work. "Work Product"does not include any material that was developed prior to the Effective Date that is used,wilhout modif ication,in the perfonnance of the Work. Any other lenn used in this Agreement thal is defined elsewhere in this Agreement or in an Exhibit shall be construed and interpreted as defined in that section. 4. STATEI�TENT OF WORK AND BUDGET Subrecipient shall complete the Work as described in this Agreement and in accordance with the provisions of Exhibit A. The State shall have no liability to compensate Subrecipient for the delivery of any goods or the performance of any services that are not specifically set forth in this Agreement. 5. PAYI�IENTS TO SUBRECIPIENT A. Subaward Maximum Amount Payments to Subrecipient are limited to the unpaid,obligated balance of the Grant Funds.The State shall not pay Subrecipient any amount under tltis Agreement that exceeds tlte Subaward Maximum Amount shown on the Cover Page of this Agreement as"Federal Funds Maximum Amount". B. Payment Procedures i. lnvoices and Payment a. The State shall pay Subrecipient in the amounts and in accordance with the schedule and other conditions set forth in Exhibit A. b. Subrecipient shall initiate payment reqttests by invoice to tlte State,in a form and manner approved by the State. c. The State shall pay each invoice within 45 days following the State's receipt of that invoice,so long as the amount invoiced correctly represents Work completed by Subrecipient and previously accepted by the State during the term that the invoice covers.If the State determines that the amount of any invoice is not correct, then Subrecipient shall make all changes necessary to correct that invoice. d. Tlte acceptance of an invoice shall not constitute acceptance of any Work performed or Deliverables provided under tltis Agreement. Contract Numbcr 20 HTR-ZL-03243 491002209 Pagc 6 of 44 Vcrsion 10l23/19 136 ii. Interest Amounts not paid by the State within 45 days of the State's acceptance of the invoice shall bear interest on the unpaid balance beginning on the 45th day at the rate of 1% per month, as required by §24-30- 202(24)(a),C.R.S.,until paid in fiill;provided,however,that interest shall not accrue on unpaid amounts that the State disptttes in writing. Subrecipient shall invoice the State separately for accrued interest on delinquent amounts,and the invoice shall reference the delinquent payment,the number of days' interest to be paid and the interest rate. iii. Payment Disputes If Subrecipient disputes any calculation, detennination or amount of any payment, Subrecipient shall notify the State in writing of its dispute within 30 days following the earlier to occur of Subrecipient's receipt of the payment or notification of the determination or calculation of the payment by the State. The State will review the information presented by Subrecipient and may make changes to its determination based on this review.The calculation,determination orpayment amount that results from the State's review shall not be subject to additional dispute under this subsection.No payment subject to a dispute under this subsection shall be due until af'ter the State has concluded its review, and the State shall not pay any interest on any amount during the period it is subject to dispute under this subsection. iv. Available Funds-Contingency-Termination The State is prohibited by law from making commitments beyond the term of the current State Fiscal Year. Payment to Subrecipient beyond the current State Fiscal Year is contingent on the appropriation and continuing availability of Grant Funds in any subsequent year(as provided in the Colorado Special Provisions).If federal fiinds or fiinds from any other non-State fiinds constitute all or some of the Grant Funds, the State's obligation to pay Subrecipient shall be contingent upon such non-State fiinding continuing to be made available for payment. Payments to be made pursuant to this Agreement shall be made only from Grant Funds, and the State's liability for such payments shall be limited to the amount remaining of such Grant Funds.If State,federal or other fiinds are not appropriated,or otherwise become unavailable to fiind this Agreement, the State may, upon written notice, terminate this Agreement, in whole or in part, without incurring fi�rther liability. The State shall, however, remain obligated to pay for Services and Goods that are delivered and accepted prior to the effective date of notice of termination, and this termination shall otherwise be treated as if this Agreement were terminated in the public interest as described in §2.E. v. Federal Recovery The close-out of a Federal Award does not affect the right of the Federal Awarding Agency or the State to disallow costs and recover fiinds on the basis of a later audit or other revie�v. Any cost disallo�vance recovery is to be made within the Record Retention Period,as defined below. C. Matching Funds Subrecipient shall provide Matching Funds as provided in Exhibit A. Subrecipient shall have raised the ftill amount of Matching Funds prior to the Effective Date and shall report to the State regarding the status of such fiinds upon request. Subrecipient's obligation to pay all or any part of any Matching Funds, whether direct or contingent,only extends to fiinds duly and lawfiilly appropriated for the purposes of this Agreement by the authorized representatives of Subrecipient and paid into Subrecipient's treasury or bank account. Subrecipient represents to the State that the amount designated"Subrecipient's Matching Funds"in Exhibit A has been legally appropriated for the purposes of this Agreement by its authorized representatives and paid into its treasury or bank accottnt. Subrecipient does not by this Agreement irrevocably pledge present cash reserves for payments in fiihire fiscal years, and this Agreement is not intended to create a multiple-fiscal year debt of Subrecipient. Subrecipient shall not pay or be liable for any claimed interest, late charges,fees, taxes or penalties of any nahire,except as required by Subrecipient's laws or policies. D. Reimbursement of Subrecipient Costs i. The State shall reimburse Subrecipient for the federal share of properly documented allowable costs related to the Work afrer review and approval thereof, subject to the provisions of§5, this Agreement, and Exhibit A. However, any costs incurred by Subrecipient prior to the Effective Date shall not be reimbursed absent specific allowance of pre-award costs and indication that the Federal Award fimding is retroactive. The State shall pay Subrecipient for costs or expenses incurred or perforniance by the Subrecipient prior to the Effective Date, only if(1) the Grant Funds involve federal fiinding and (2) federal laws,rules,and regulations applicable to the Work provide for such retroactive payments to the Contract Numbcr.20-HTR-ZL-03243 491002209 Pagc 7 of44 Vcrsion 10 23'19 137 Subrecipient. Any such retroactive payments shall comply with State Fiscal Rules and be made in accordance with the provisions of this Agreement. ii. The State shall reimburse Subrecipient's allowable costs, not exceeding the Subaward Maximttm Amount shown on the Cover Page of this Agreement and on Exhibit A for all allowable costs described in this Agreement and shown in Exhibit A, except that Subrecipient may adjust the amounts between each line item of Exhibit A without fonnal modification to this Agreement as long as the Subrecipient provides notice to the State of the change, the change does not modify the Subaward Maximum Amoun[ or the Subaward Maximum Amount for any federal fiscal year or State Fiscal Year,and the change does not modify any requirements of the Work. iii. The State shall only reimburse allowable costs described in this Agreement and shown in the Budget if those costs are: a. Reasonable and necessary to accomplish[he Work and for the Goods and Services provided; and b. Equal to the actual net cost to Subrecipient(i.e. the price paid minus any items of valt�e received by Subrecipient that reduce the cost actually incurred). iv. Subrecipient's costs for Work performcd aRcr the Fund Expenditure End Date shown on the Cover Page for this Agreement,or after any phase��erfonnance period end date for a respective phase of the Work, shall not be reimbursable.Subrecipient shall initiate any payment request by st�bmitting invoices to the State in the fonn and manner set fortli and approved by the State. E. Close-Out Subrecipient shall close out this Award within 45 days after the Fund Expenditure End Date shown on the Cover Page for this Agreement.To complete close-out,Subrecipient shall submit to the State all Deliverables (including documentation) as defined in this Agreement and Subrecipient's final reimbursement request or invoice.The State will withhold 5%of allowable costs until all final documentation has been submitted and accepted by the State as substantially complete.If the Federal Awarding Agency has not closed this Federal Award within one year and 90 days after the Fund Expenditure End Date shown on the Cover Page for this Agreement due to Subrecipient's failurc to submit required documentation, then Subrecipient may be prohibited from applying for new Fcdcral Awards through the State until such documentation is submitted and accepted. 6. RLPORTINC-NOTIF1CATlON A. Quarterly Reports In addition to any reports required pursuant to any other Exhibit, for any Agreement having a term longer than three months,Subrecipient shall submit,on a quarterly basis,a written report specifying progress made for each specified perfonnance measure and standard in this Agreement. Such progress report shall be in accordance with the procedures developed and prescribed by the State. Progress reports shall be submitted to the State not later than five Business Days following the end of each calendar quarter or at such time as otherwise specified by the State. B. Litigation Reporting If Subrecipient is served with a plcading or other document in connection with an action before a court or other administrative decision making body,and such pleadmg or document relates to this Agreement or may affect Subrecipient's ability to perform its obligations under this Agreement, St�brecipient shall,within 10 days after being served, notify the Stale of such action and deliver copies of such pleading or document to the State's Principal Representative identified on the Cover Page for this Agreement. C. Performance and Final Status Subrecipient shall submit all financial, performance and other reports to the State no later than 45 calendar days after the end of the Initial Term if no Extension Tenns are exercised, or the final Extension Term exercised by the State,containing an evaluation and review of Subrecipient's performance and the final status of Subrecipient's obligations hereunder. D. Violations Reporting Subrecipient shall disclose,in a timely manner, in writing to the State and the Federal Awarding Agency,all violations of federal or State criminal law involving fraud,bribery,or gratuity violations potentially affecting the Federal Award.The State or the Federal Awarding Agency may impose any penalties for noncompliance ContractNumbcr:20-HTR-ZL-03243 491002209 Pagc 8 of44 Vcrs�on 10 23 19 138 allowed under 2 CFR Part 180 and 31 U.S.C. 3321, which may include, without limitation, suspension or debarment. 7. SUBRECIPIENT RECORDS A. Maintenance Subrecipient shall make,keep,maintain,and allow inspection and monitoring by the State of a complete file of all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to the Work and the delivery of Services (including, but not limited to the operation of programs) or Goods hereunder (collectively, the "Subrecipient Records"). Subrecipient shall maintain such records for a period of three years following the date of submission to the State of the final expendihire report, or if this Award is renewed quarterly or annually, from the date of the submission of each quarterly or annual report, respectively(the"Record Retention Period").if any litigation, claim, or audit related to this Award starts before expiration of the Record Retention Period, the Record Retention Period shall extend ttntil all litigation,claims,or attdit findings have been resolved and final action taken by the State or Federal Awarding Agency.The Federal Awarding Agency,a cognizant agency for audit, oversight or indirect costs,and the State,may notify Subrecipient in writing that the Record Retention Period shall be extended. For records for real property and equipment, the Record Retention Period shall extend three years following final disposition of such property. B. Inspection Subrecipient shall permit the State, the federal government, and any other duly authorized agent of a governmental agency to audit, inspect, examine, excerpt, copy and transcribe Subrecipient Records during the Record Retention Period.Subrecipient shall make Subrecipient Records available during normal business hours at Subrecipient's office or place of business,or at other mutually agreed upon times or locations,upon no fewer than two Business Days' notice from the State,unless the State determines that a shorter period of notice, or no notice, is necessary to protect the interests of the State. C. Monitoring The State, the federal government, and any other duly authorized agent of a governmental agency, in its discretion,may monitor Subrecipient's perfonnance of its obligations under this Agreement using procedures as detennined by the State or that govemmental entity. Subrecipient shall allow the State to perform all monitoring required by the Uniform Guidance, based on the State's risk analysis of Subrecipient and this Agreement. The State shall have the right, in its sole discretion, to change its monitoring procedures and requirements at any time during the term of this Agreement. The State shall monitor Subrecipient's performance in a manner that does not unduly interfere with Subrecipient's perfonnance of the Work. D. Final Audit Report Subrecipient shall promptly submit to the State a copy of any final audit report of an audit perfonned on Subrecipient's records that relates to or affects this Agreement or the Work,whether the audit is conducted by Subrecipient or a third party. Additionally, if Subrecipient is required to perform a single audit under 2 CFR 200.501, er. seq., then Subrecipient shall submit a copy of the results of that audit to the State within the same timelines as the submission to the federal government. 8. CONFIDENTIAL INFORMATION-STATE RECORDS A. Confidentiality Subrecipient shall keep confidential, and cause all Subcontractors to keep confidential, all State Records, unless those State Records are publicly available. Subrecipient shall not, without prior written approval of the State, use, publish, copy, disclose to any third party, or permit the use by any third party of any State Records, except as otherwise stated in this Agreement,permitted by law or approved in writing by the State. Subrecipient shall provide for the security of all State Confidential Information in accordance with all applicable laws, niles, policies, publications, and guidelines. Subrecipient shall immediately forward any request or demand for State Records to the State's Principal Representative identified on the Cover Page of the Agreement. B. Other Entity Access and Nondisclosure Agreements Subrecipient may provide State Records to its agents,employees,assigns and Subcontractors as necessary to perform the Work, but shall restrict access to State Confidential Information to those agents, employees, assigns and Subcontractors who require access to perform their obligations under this Agreement. Contract Numbcr:20-HTR-ZL-03243 491002209 Pagc 9 of44 Vcrsion ]0 23 19 139 Subrecipient shall ensure all such agents,employees,assigns,and Subcontractors sign agreements containing nondisclosure provisions at least as protective as those in this Agreement, and that the nondisclosure provisions are in force at all times the agent, employee, assign or Subcontractor has access to any State Confidential Infom�ation. Subrecipient shall provide copies of those signed nondisclosure provisions to the State upon execution of the nondisclosure provisions if requested by the State. C. Use, Security, and Retention Subrecipient shall use, hold and maintain State Confidential Information in compliance with any and all applicable laws and regulations only in facilities located within the United States,and shall maintain a secure environment that ensures confidentiality of all State Confidential lnformation. Subrecipient shall provide the State with access, subject to Subrecipient's reasonable security requirements,for purposes of inspecting and monitoring access and use of State Confidential Information and evaluating security control effectiveness. Upon the expiration or termination of this Agreement, Subrecipient shall retum State Records provided to Subrecipient or destroy such State Records and certify to the State that it has done so,as directed by the State. If Subrecipient is prevented by law or regulation from returning or destroying State Confidential lnfonnation, Subrecipient warrants it will guarantee the confidentiality of, and cease to use, such State Confidential Information. D. Incident Notice and Remediation If Subrecipient becomes aware of any lncidcnt,Subrecipient shall notify the State immediately and cooperate with the State regarding recovery,remediation,and the necessity to involvc law enforcement,as determined by the State. Unless Subrecipient can establish that Subrecipient and its agents, employees, and Subcontractors are not the cause or source of the Incident, Subrecipient shall be responsible for the cost of notifying each person who may have been impacted by the lncident. After an lncident, Subrecipient shall take steps to reduce the risk of incurring a similar type of Incident in the fiiture as directed by the State,which may include, but is not limited to, dcvcloping and implementing a remediation plan that is approved by the State at no additional cost to the Statc. The State may adjust or direct modifications to this plan, in its sole discretion and Subrecipient shall make all modifica�ions as directed by the State. lf Subrecipient cannot produce its analysis and plan within the allotted time, the State, in its sole discretion, may perform such analysis and produce a remediation l�lan,and Subrecipient shall reimburse the State for the reasonable costs thereof. The State may, in its solc discretion and at Subrecipient's sole expense, require Subrecipient to engage the services of an indcpcndcnt, qualified, State-approved third party to conduct a security audit. Subrecipient shall provide the State �vith the results of such audit and evidence of Subrecipient's planned remediation in response to any negative findings. E. Data Protection and Handling Subrecipient shall ensure that all State Records and Work Product in the possession of Subrecipient or any Subcontractors are protected and handled in accordance with the requirements of this Agreement,including the requirements of any Exhibits hereto,at all times. As used in this section,the protcctions afforded Work Product only apply to Work Product that requires confidential treatment. F. Safeguarding PII If Subrecipient or any of its Subcontractors will or may receive PII under this Agreement, Subrecipient shall provide for the security of such PII, in a manner and f'orm acceptable to the State, including, without limitation, State non-disclosurc requirements, use of appropriate technology, security practices, computer access security, data acccss sccurity, data storage encryption, data transmission encryption, security inspections, and audits. Subrecipient shall be a "Third-Party Service Provider" as defined in §24-73- 103(1)(i),C.R.S., and shall maintain security procedures and practices consistent with {�24-73-101 et seq., C.R.S. 9. CONFLICTS OF INTEItEST A. Actual Conflicts of Interest Subrecipient shall not engage in any business or activities or maintain any relationships that conflict in any way with the full performance of the obligations of Subrecipient under this Agreement. Such a conflict of interest would arise when a Subrecipient or Subcontractor's employee, officer or agent were to offer or provide any tangible personal benefit to an employee of the State, or any member of his or her immediate family or his or her partner,related to the award of,entry into or management or oversight of this Agreement. Contract Numbcr:?0-HTR-ZL-03243 491002209 Pagc 10 of 44 Vcrsion 10 23/l9 140 B. Apparent Conflicts of Interest Subrecipient acknowledges that,with respect to this Agreement,even the appearance of a conflict of interest shall be harmfiil to the State's interests.Absent the State's prior written approval, Subrecipient shall refi•ain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of Subrecipient's obligations under this Agreement. C. Disclosureto the State If a conflict or the appearance of a conflict arises, or if Subrecipient is uncertain whether a conflict or the appearance of a conflict has arisen, Subrecipient shall submit to the State a disclostire statement setting forth the relevant details for the State's consideration. Failure to promptly submit a disclosure statement or to follow the State's direction in regard to the actual or apparent conflict constihites a breach of this Agreement. D. Subrecipient acknowledges that all State employees are subject to the ethical principles described in§24-18- ]O5,C.R.S. Subrecipient fiirther acknowledges that State employees may be subject to the requirements of §24-18-]O5,C.R.S.,with regard to this Agreement. For the avoidance of doubt,an actual or apparent conflict of interest shall exist if Subrecipient employs or contracts with any State employee, any fonner State employee within six months following such employee's termination of employment with the State, or any immediate family member of such current or former State employee. Subrecipient shall provide a disclostire statement as described in §9.C. no later than ten days following entry into a contractual or employment relationship as described in this section. Failure to timely submit a disclosure statement shall constitute a Breach of Agreement. Subrecipient may also be suliject to such penalties as are allowed by law. l0. INSURANCE Subrecipient shall obtain and maintain, and ensure that each Subcontractor shall obtain and maintain, insurance as specified in this section at all times during the term of this Agreement.All insurance policies required by this Agreement that are not provided throt�gh self-insurance�shall be issued by inst�rance companies as approved by � the State. A. Workers' Compensation Workers' compensation insurance as required by state statute, and employers' liability insurance covering all Subrecipient or Subcontractor employees acting within the course and scope of their employment. B. General Liability Commercial general liability insurance covering premises operations,fire damage,independent contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: i. $1,000,000 each occurrence; ii. $1,000,000 general aggregate; iii. $1,000,000 products and completed operations aggregate;and iv. $50,000 any 1 fire. C. Automobile Liability Automobile liability insurance covering any auto (including owned, hired and non-owned autos) with a minimum limit of$1,000,000 each accident combined single limit. D. Additionallnsured The State shall be named as additional insured on all commercial general liability policies (leases and construction contracts require additional insured coverage for completed operations)required of Subrecipient and Subcontractors. E. Primacy of Coverage Coverage required of Subrecipient and each Subcontractor shall be primary over any insurance or self- insurance program carried by Subrecipient or the State. F. Cancellation All insurance policies shall include provisions preventing cancellation or non-renewal, except for cancellation based on non-payment of premiums, without at least 30 days prior notice to Subrecipient and Contract Numbcr:20-HTR-ZL-03243 491002209 Pagc I I of 44 Vcrsion 10 23119 141 Subrecipient shall forward such notice to the State in accordance with §14 within seven days of Subrecipient's receipt of such notice. G. Subrogation Waiver All insurance policies secured or maintained by Subrecipient or its Subcontractors in relation to this Agreement shall include clauses stating that each carrier shall waive all rights of recovery under stibrogation or otherwise against Subrecipient or the State, its agencies, institutions, organizations, officers, agents, employees,and volunteers. H. Public Entities If Subrecipient is a"public entity" within the meaning of the Colorado Governmental lmmunity Act, �24- l0-lO l,et seq.,C.R.S.(the"GIA"),Subrecipient shall maintain,in lieu of the liability insurance requirements stated above,at all times during the term of this Agreement such liability insurance,by commercial policy or self-insurance,as is necessary to meet its liabilities under the G1A.If a Subcontractor is a public entity within the meaning of the GIA, Subrecipient shall ensure that the Subcontractor maintain at all times during the terms of this Subrecipient,in lieu ofthe liability insurancerequirements stated above,such liability insurance, by commercial policy or self-insurance, as is necessary to meet the Subcontractor's obligations under the GIA. I. Certificates For each insurance plan provided by Subrecipient under this Agreement, Subrecipient shall provide to the State certificates evidencing Subrecipient's insurance coverage required in this Agreement prior to the Effective Date. Subrecipient shall provide to the State certificates evidencing Subcontractor insurance coverage required underthis Agreement prior to the Effective Date,except that,if Subrecipient's subcontract is not in effect as of the Effective Date, Subrecipient shall provide to the State certificates showing Subcontractor insurance coverage required under this Agreement within seven Business Days following Subrecipient's execution of the subcontract.No later than I 5 days before the expiration date of Subrecipient's or any Subcontractor's coverage,Subrecipient shall dcliver to the State certificates of insurance evidencing renewals of coverage. At any other time during the tenn of this Agreement, upon request by the State, Subrecipient shall, within seven Business Dc�ys following the request by the State, supply to the State evidence satisfactory to the State of compliance with the provisions of this section. l l. BREACH OF AGREEMENT In the event of a Breach of Agreement, the aggrieved Party shall give written notice of breach to the other Party. If the notified Party does not cure the Breach of Agreement, at its sole expense, within 30 days after the delivery of written notice,the Party may exercise any of the remedies as described in§12 for that Party. Notwithstanding any provision of th�s Agreement to the contrary,the State,in its discretion,need not provide notice or a cure period and may immediately terminate this Agreement in whole or in part or institute any other remedy in this Agreement in order to protect the public interest of the State; or if Subrecipient is debarred or suspended under j24-109-105,C.R.S.,the State,in its discretion,need not provide notice or cure period and may terminate this Agreement in whole or in part or institute any other remedy in this Agreement as of the date that the debarment or suspension takes ef'fect. l2. REMEDIES A. State's Remedies If Subrecipient is in breach under any provision of this Agreement and fails to cure such breach, the State, following the notice and cure period set forth in §11, shall have all of the remedies listed in this section in addition to all other remedies set forth in this Agreement or at law.The State may exercise any or all of the remedies available to it,in its discretion,concurrently or consecutively. i. Tennination for Breach of Agreement In the event of Subrecipient's uncured breach,the State may terminate this entire Agreement or any part of this Agreement. Additionally, if Subrecipient fails to comply with any terms of the Federal Award, then the State may, in its discretion or at the direction of a Federal Awarding Agency,terminate this entire Agreement or any part of this Agreement. Subrecipient shall continue perfonnance of this Agreement to the extent not terminated, if any. Contract Numbcr.20-HTR-ZL-03243 491002209 Pagc 12 of 44 Vcrs�on 10 23119 142 a. Obligations and Rights To the extent specified in any termination notice, Subrecipient shall not incur further obligations or render further performance past the effective date of such notice, and shall terniinate outstanding orders and subcontracts with third parties.However,Subrecipient shall complete and deliver to the State all Work not cancelled by the tennination notice,and may incur obligations as necessary to do so within this Agreement's terms. At the request of the State, Subrecipient shall assign to the State all of Subrecipient's rights,title,and interest in and to such terminated orders or subcontracts.Upon termination, Subrecipient shall take timely, reasonable and necessary action to protect and preserve property in the possession of Subrecipient but in which the State has an interest. At the State's � request, Subrecipient shall return materials owned by the State in Subrecipient's possession at the time of any termination. Subrecipient shall deliver all completed Work Product and all Work Product that was in the process of completion to the State at the State's request. b. Payments Notwithstanding anything to the contrary, the State shall only pay Subrecipient for accepted Work received as of the date of termination. If, after termination by the State, the State agrees that Subrecipient was not in breach or that Subrecipient's action or inaction was excusable, such termination shall be treated as a termination in the public interest,and the rights and obligations of the Parties shall be as if this Agreement had been terminated in the public interest under§2.E. c. Damages and Withholding Notwithstanding any other remedial action by the State,Subrecipient shall remain liable to the State for any damages sustained by the State in connection with any breach by Subrecipient,and the State may withhold payment to Subrecipient for the purpose of mitigating the State's damages until such time as the exact amount of damages due to the State from Subrecipient is determined. The State may withhold any amount that may be due Subrecipient as the State deems necessary to protect the State against loss including,without limitation,loss as a result of outstanding liens and excess costs incurred by the State in procuring from third parties replacement Work as cover. ii. Remedies Not Involving Termination The State, in its discretion,may exercise one or more of the following additional remedies: a. Suspend Performance Suspend Subrecipient's perforniance with respect to all or any portion of the Work pending corrective action as specified by the State without entitling Subrecipient to an adjustment in price or cost or an adjustment in the performance schedule.Subrecipient shall promptly cease perfonning Work and incurring costs in accordance with the State's directive,and the State shall not be liable for costs incurred by Subrecipient after the suspension of performance. b. Withhold Payment Withhold payment to Subrecipient until Subrecipient corrects its Work. c. Deny Payment Deny payment for Work not perfonned,or that due to Subrecipient's actions or inactions,cannot be performed or if they were perfonned are reasonably of no value to the state; provided, that any denial of payment shall be equal to the value of the obligations not performed. d. Removal Demand immediate removal of any of Subrecipient's employees,agents,or Subcontractors from the Work whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable or whose continued relation to this Agreement is deemed by the State to be contrary to the public interest or the State's best interest. e. lntellectual Property If any Work infringes, or if the State in its sole discretion determines that any Work is likely to infringe,a patent,copyright,trademark,trade secret or other intellectual property right, Subrecipient shall,as approved by the State(i)secure that right to use such Work for the State and Subrecipient; Contract Numbcr:20-HTR-ZL-03243 491002209 Pagc 13 of 44 Vcrsion I 0 23 19 143 (ii)replace the Work with noninfringing Work or modify the Work so that it becomes noninfringing; or,(iii)remove any infringing Work and refund the amount paid for such Work to the State. B. Subrecipient's Remedies If the State is in breach of any provision of this Agreement and does not cure such breach, Subrecipient, following the notice and cure period in§11 and the dispute resolution process in§13 shall have all remedies available at law and equity. 13. DISPUTE RESOLUTION A. initial Resolution Except as herein specifically provided othenvise, disputes concerning the performance of this Agreement which cannot be resolved by the designated Agreement representatives shall be refen•ed in writing to a senior departmental management staff inember designated by the State and a senior manager designated by Subrecipient for resolution. B. Resolution of Controversies If the initial resolution described in§13.A fails to resolve[he dispute within 10 Business Days, Subrecipient shall submit any alleged breach of this Agreement by the State to the Procurement Official of the State Agency named on the Cover Page of this Agreement as described in�24-101-301(30),C.R.S.,for resolution following the same resolution of controversies process as described in §§24-106-109, and 24-109-101.1 through 24-109-505, C.R.S., (collectively, the "Rcsohition Statutcs"), cxccpt that if Subrecipient wishes to challenge any decision rendered by the Procurement Official, Subrecipient's challenge shall be an appeal to the executive director of the Department of Personnel and Administration, or their delegate, in the same manner as described in the Resolution Statutes before Subrecipient pursues any fiirther action. Except as otherwise stated in this Section, all requirements of the Resolution Statutes shall apply including, without limitation,time limitations regardless of whether the Colorado Procurement Code applies to this Agreement. 14. NOTICES and REPRESENTATIVES Each individual identified as a Principal Rcprescntative on the Cover Page for this Agreement shall be the principal representative of the designating Party. All notices required or pennitted to be given under this Agreement shall be in writing, and shall be delivered (A) by hand with receipt required, (B) by certified or registered mail to such Party's principal representative at the address set forth on the Cover Page for this Agreement or(C) as an email with read reccipt rcquested to the principal representative at the email address, if any,set forth on the Cover Page for this Agrecment. If a Party delivers a notice to another through email and the email is undeliverable, then, unless the Party has been provided with an alternate email contact, the Party delivering the notice shall deliver the notice by hand with receipt required or by certified or registered mail to such Party's principal represen[ative at the address set forth on the Cover Page for this AgreemenL Either Party may change its principal representativc or principal representative contact information,or may designate specific other individuals to receive certain types of notices in addition to or in lieu of a principal representative,by notice submitted in accordance with this section without a formal amendment [o this Agreement. Unless otherwise provided in this Agrecment,no[ices shall be effective upon delivery of[hc written no[ice. 15. RIGHTS IN WORti PRODUCT AND OTHER INFOR�IATION A. Work Product Subrecipient agrees to provide to the State a royalty-free,non-exclusive and irrevocable license to reproduce publish or otherwise use and to authorize o[hers [o use [he Work Product described herein, for the Federal Awarding Agency's and State's purposes. All Work Product shall be delivered to the State by Subrecipient upon completion or termination hereof. B. Exclusive Property of the State Except to the extent specifically provided elsewhere in this Agreement, all State Records,documents, text, software (including source code), research, reports, proposals, specifications, plans, notes, shidies, data, images, photographs, negatives, pichires, drawings, designs, models, surveys, maps, materials, ideas, concepts,know-how,and inf'ormation provided by or on behalf of the State to Subrecipient are the exclusive property of the State (collectively, "State Materials") Subrecipient shall not use, willingly allow, cause or permit Work Product or State Materials to be used for any purpose other than the perfonnance of Subrecipient's obligations in this Agreement without the priorwritten consent of the State. Upon termination Contract Numbcr:20-HTR-ZL-03243 491002209 Pagc 14 of 44 Vcrsion 10 23 19 144 of this Agreement for any reason, Subrecipient sl�all provide all Work Product and State Materials to the State in a form and manner as directed by the State. C. Exclusive Property of Subrecipient Subrecipient retains the exclusive rights,title, and ownership to any and all pre-existing materials owned or licensed to Subrecipient including,but not limited to,all pre-existing software, licensed products,associated source code, machine code, text images, audio and/or video, and third-party materials, delivered by Subrecipient under this Agreement,wltether incorporated in a Deliverable or necessary to use a Deliverable (collectively,"Subrecipient Property").Subrecipient Property shall be licensed to the State as set forth in this Agreement or a State approved license agreement:(i)entered into as exhibits to this Agreement,(ii)obtained by the State from the applicable third-party vendor, or(iii) in the case of open source software, the license terms set forth in the applicable open source license agreement. 16. GENERAL PROVISIONS A. Assignment Subrecipient's rights and obligations under this Agreement are personal and may not be transferred or assigned without the prior,written consent of the State. Any attempt at assignment or transfer without such consent shall be void. Any assignment or transfer of Subrecipient's rights and obligations approved by the State shall be subject to the provisions of this Agreement. B. Subcontracts Subrecipient sl�all not enter into any subaward or subcontract in connection with its obligations under this Agreement without the prior,written approval of the State. Subrecipient shall submit to the State a copy of each such subaward or subcontract upon request by the State. All subawards and subcontracts entered into by Subrecipient in connection with this Agreement shall comply with all applicable federal and state laws and regulations,shall provide that they are governed by the laws of the State of Colorado,and shall be subject to all provisions of this Agreement. If the entity with whom Subrecipient enters into a subcontract or subaward would also be considered a Subrecipient, then the subcontract or subaward entered into by Subrecipient shall also contain provisions permitting both Subrecipient and tlte State to perfonn all monitoring of that Subcontractor in accordance with the Uniform Guidance. C. Binding Effect Except as otherwise provided in§16.A,all provisions of this Agreement, including the benefits and burdens, sltall extend to and be binding upon the Parties' respective successors and assigns. D. Authority Each Party represents and warrants to the other that the execution and delivery of this Agreement and the performance of such Party's obligations have been duly authorized. E. Captions and References The captions and headings in this Agreement are for convenience of reference only, and shall not be used to interpret,define,or limit its provisions.All references in this Agreement to sections(whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof,unless otherwise noted. F. Counterparts This Agreement may be executed in multiple,identical,original counterparts,each of which shall be deemed to be an original,but all of which,taken together,shall constitute one and the same agreement. G. Entire Understanding Tl�is Agreement represents the complete integration of all understandings between tl�e Parties related to the Work,and all prior representations and understandings related to the Work,oral or written,are merged into this Agreement.Prior or contemporaneous additions,deletions,or other changes to this Agreement shall not have any force or effect whatsoever,unless embodied herein. H. Digital Signatures If any signatory signs this Agreement using a digital signature in accordance with the Colorado State Controller Contract,Grant and Purchase Order Policies regarding the use of digital signatures issued under the State Fiscal Rules,then any agreement or consent to use digital signatures within the electronic system through which tl�at signatory signed shall be incorporated into this Agreement by reference. Contract Num6cr:20-HTR-ZL-03243 491002209 Pagc I 5 of 44 Vcrsion 10 23/19 145 1. Modification Except as otherwise provided in this Agreement, any modification to this Agreement shall only be effective if agreed to in a formal amendment to this Agreement, properly executed and approved in accordance with applicable Colorado State law and State Fiscal Rules. Modifications permitted under this Agreement, other than Agreement amendments,shall confonn to the policies issued by the Colorado State Controller. J. Statutes,Regulations,Fiscal Rules, and Other Authority. Any reference in this Agreement to a statute, regulation, State Fiscal Rule, fiscal policy or other authority shall be interpreted to refer to such authority then current, as may have been changed or amended since the Effective Date of this Agreement. K. External Ternts and Conditions Notwithstanding anything to the contrary herein, the State shall not be subject to any provision included in any terms, conditions, or agreements appearing on Subrecipient's or a Subcontractor's website or any provision incorporated into any click-through or online agreements related to the Work unless that provision is specifically referenced in this Agreement. L. Severability The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement,which shall remain in full force and effect,provided that the Parties can continue to perfonn their obligations under this Agreement in accordance witli the intent of this Agrecment. M. Survival of Certain Agreement Terms Any provision of this Agreement that imposes an obligation on a Party after termination or expiration of this Agreement shall survive the termination or expiration of this Agreement and shall be enforceable by the other Party. N. Taxes The State is exempt from federal excise taxes under I.R.C.Chapter 32(26 U.S.C.,Subtide D,Ch.32)(Federal Excise Tax Exemption Certificate of Registry No. 84-730123K)and from State and local government sales and use taxes under§§39-26-704(1),et.req., C.R.S. (Colorado Sales Tax Exemption Identification Number 98-02565). The State shall not be liable for the payment of any excise, sales, or use taxes, regardless of whether any political subdivision of the Statc imposes such taxes on Subrecipient.Subrecipient shall be solely responsible for any exemplions from the collection of excise,sales or use taxes that Subrecipient may wish to have in place in connection with this Agrcement. O. Third Party Beneficiaries Except for the Parties' respective successors and assigns described in§16.A,this Agreement does not and is not intended to confer any rights or remedies upon any person or entity other than the Parties. Enforcement of this Agreement and al!rights and obligations hereunder are reserved solely to the Parties.Any services or benefits which third parties receive as a result of this Agreement are incidental to this Agreement, and do not create any rights for such third parties. P. Waiver A Party's failure or delay in exercising any right,power,or privilege under this Agreement,whether explicit or by lack of enforcement,shall not operate as a waiver,nor shall any single or partial exercise of any right, power,or privilege preclude any other or fi�rtf�er exercise of such right,power,or privilege. Q. CORA Disclosure To the extent not prohibited by federal law, this Agreement and the performanee measures and standards required under§24-]06-107, C.R.S., if any,ase subject to public release through the CORA. R. Standard and Manner of Performance Subrecipient shall perform its obligations under this Agreement in accordance with the highest standards of care,skill and diligence in Subrecipient's industry, trade,or profession. S. Licenses,Permits,and Other Authorizations i. Subrecipient shall secure, prior to the Effective Date, and maintain at all times during the tenn of this Agreement,at its sole expense,all licenses,certifications,pennits, and other authorizations required to perform its obligations under this Agreement, and shall ensure that all employees, agents and Subcontractors secure and maintain at all times during the ternl of their employment, agency or Contract Numbcc 20-HTR-ZL-03243 491002209 Pagc 16 of 44 Vcrsion 10/23/19 146 Subcontractor, all license, certifications, permits and other authorizations required to perform their obligations in relation to this Agreement. ii. Subrecipient,if a foreign corporation or other foreign entity transacting business in the State of Colorado, shall obtain prior to the Effective Date and maintain at all times during the term of this Agreement,at its sole expense, a certificate of authority to transact business in the State of Colorado and designate a registered agent in Colorado to accept service of process. T. Federal Provisions Subrecipient shall comply with all applicable requirements of Exhibits C and D at all times during the term of this Agreement. 17. COLORADO SPECIAL PROVISIONS(COLORADO FISCAL RULE 3-3) These Special Provisions apply to all agreements except where noted in italics. A. STATUTORY APPROVAL.§24-30-202(1),C.R.S. This Agreement shall not be valid until it has been approved by the Colorado State Controller or designee. If this Agreement is for a Major Information Technology Project, as defined in §24-37.5-102(2.6), C.R.S., then this Agreement shall not be valid until it has been approved by the State's Chief Information Officer or designee. B. FUND AVAILABILITY.§24-30-202(5.5),C.R.S. Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for that purpose being appropriated,budgeted,and othenvise made available. C. GOVERNMENTAL IMMUNITY. Liability for claims for injuries to persons or property arising from the negligence of the State, its departments, boards, commissions committees,bureaus,offices,employees and officials shall be controlled and limited by the provisions of the Colorado Govemmental Immunity Act, §24-10-101,et seq.,C.R.S.; the Federal Tort Claims Act,28 U.S.C.Pt.VI,Ch. 171 and 28 U.S.C. 1346(b),and the State's risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions,contained in these statutes. D. INDEPENDENT CONTRACTOR. Subrecipient shall perform its duties hereunder as an independent contractor and not as an employee.Neither Subrecipient nor any agent or employee of Subrecipient shall be deemed to be an agent or employee of the State. Subrecipient shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding,except as expressly set forth herein. Subrecipient and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Subrecipient or any of its agents or employees. Subrecipient shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Agreement.Subrecipient shall(i)provide and keep in force �vorkers' compensation and unemployment compensation insurance in the amounts required by law, (ii) provide proof thereof�vhen requested by the State, and(iii)be solely responsible for its acts and those of its employees and agents. E. COMPLIANCE WITH LAW. Subrecipient shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established,including,without limitation,laws applicable to discrimination and unfair employment practices. F. CHOICE OF LAW,JURISDICTION,AND VENUE. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution,and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws,rules,and regulations shall be null and void.All suits or actions related to this Agreement shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver. Contract Numbcr:20-HTR-ZL-03243 491002209 Pagc 17 of44 Vcrsion 10 23 19 147 G. PROHiBiTED TERMS. Any term included in this Agreement that requires the State to indemnify or hold Subrecipient harmless; requires the State to agree to binding arbitration; limits Subrecipient's liability for damages resulting from death, bodily injury,or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio. Nothing in this Agreement shall be construed as a waiver of any provision of§24-106-109, C.R.S. H. SOFTWARE PiRACY PROHIBiTION. State or other public funds payable under this Agreement shall not be used for the acqttisition,operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Subrecipient hereby certifies and warrants that, during the term of this Agreement and any extensions, Stibrecipient has and shall maintain in place appropriate systems and controls to prevent such improper use of public fimds. lf the State determines that SuUrecipient is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Agreement, including, without limitation, immediate termination of this Agreement and any remedy consistent with federal copyright laws or applicable licensing restrictions. I. EMPLOYEE FINANCiAL INTERESTlCONFLICT OF INTEREST. §§24-18-201 and 24-50-507, C.R.S. The signatories aver that to their knowledge,no employee of the State has any personal or bcneficial interest whatsocver in the service or property described in this Agreement. Subrecipient has no intcrest and shall not acquire any interest,direct or indirect,that would conflict in any manner or degree with the performance of Subrecipient's services and Subrecipient shall not employ any person having such known interests. J. VENDOR OFFSET AND ERRONEOUS PAYh7ENTS.§§24-30-202(1)and 24-30-202.4,C.R.S. �Not applicable to intergovernmentnlagreeinents� Subject to§24-30-202.4(3.5),C.R.S.,the State Controller may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for: (i) unpaid child support debts or child support arrearages; (ii) unpaid balances of tax, accnied interest, or other charges specificd in ��39-21-101, et seq., C.R.S.; (iii)unpaid loans due to the Student Loan Division of the Department of Higher Education;(iv)amounts required to be paid to the Unemployment Compensation Fund;and(v)other unpaid debts owing to the State as a result of final agency detennination or judicial action. The State may also recover,at the State's discretion, payments made to Subrecipient in error for any reason, including,but not limitcd to,overpayments or improper payments,and unexpended or cxcess fiinds received by Subrecipient by deduction from subsequcnt payments under this Agreement,deduction from any payment due under any other contracts, grants or agrecments between the State and Subrccipient, or by any other appropriate method for collecting debts owed to the State. K. PUBLIC CONTRACTS FOR SERViCES.§§8-17.5-101,et seq., C.R.S. /Not applicable to agreeinents relating to the o.f'fer, issunnce, or sa/e of securities, investuient advisory services o►•feuid�uannge�ne�r!services,spaisored p►•ojects,i�rtergovernnie�rtal agreeurents,or i�iforiuntio�r tec/urology services or products and services/ Subrecipient certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work undcr this Agreement and will confirm the employmcnt cligibility of all employees who are newly hired for employment in the United States to�erform work under this Agrcement,through participation in the E-Verify Program or the State verification program established pursuant to �8-17.5-102(5)(c), C.R.S., Subrecipient shall not knowingly employ or contract with an illegal alien to perfonn work under this Agreement or enter into a contract with a Subcontractor that fails to certify to Subrecipient that the Subcontractor shall not knowingly employ or contract with an illegal alien to perfonn work under this Agreement.Subrecipient(i)shall not use E-Verify Program or the program procedures of the Colorado Department of LaUor and Employment ("Department Program") to undertake pre-employment screening of job applicants while this Agreement is being perfonned, (ii) shall notify the Subcontractor and the contracting State agency or institution of higher education within three days if Subrecipient has actual knowledge that a Subcontractor is employing or contracting with an illegal alien for work under this Agreement, (iii) shall terminate the subcontract if a Subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (iv) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to §8-17.5-102(5), C.R.S., by the Colorado Department of Labor and Employment.If Subrecipient participates in the Department program,Subrecipient shall deliver to the contracting State agency,Institution of Higher Education or political subdivision,a written,notarized affirmation,affirming that Stibrecipient has examined the legal work status of such employee, and shall comply with all of the other requirements of the ContractNumbcr.20-HTR-ZL-03243491002209 Pagc 1Sof44 Vcrs�on ]023l19 148 Department program.If Subrecipient fails to comply with any requirement of this provision or§§8-17.5-101, et seq., C.R.S., the contracting State agency, institution of higher education or political subdivision may terminate this Agreement for breach and,if so terminated, Subrecipient shall be liable for damages. L. PUBLIC CONTRACTS WITH NATURAL PERSONS.§§24-76.5-101,etseq.,C.R.S. Subrecipient,if a natural person eighteen(18)years of age or older,hereby swears and affinns under penalty of perjury that Subrecipient (i) is a citizen or othenvise lawfully present in the United States pursuant to federal law,(ii)shall comply with the provisions of§§24-76.5-101, et seq., C.R.S., and(iii)has produced one form of identification required by§24-76.5-103,C.R.S.,prior to the Effective Date of this Agreement. Contract Numbcr:20-HTR-ZL-03243 491002209 Pagc 19 of44 Vcrsion ]0 23119 149 EXiIIBIT A, STATEMENT OF WORK A1vD BUDGET Project Description* 2020 CARES Act 5311 Administrative and Operating I Federal Awarding Agency Federal Transit Administration(FTA) Federal Regional Contact Cindy Terwilliger Federal Award Date To Be Determined I Project End Date I December 31,2020 I I FAIN I To Be Determined I CFDA# I 20.509 I CFDA Title Formt�la Grants for Rural Areas Program I I Subrecipient I Town of Estes Park I DUNS# I 078355450 Contact Name Vanessa Solesbee � Vendor# 2000306 Address 170 MacGregor Avenue � Phone# I (970)577-3957 � Estes Park,CO 80517 � Email I vsolesbee@estes.org I Indirect Rate I N A I Total Project Budget I $94,975.00 � Budget �VBS** ALI Federal Funds Local Funds I Total Administrative �20-II-SCARE.ESTE.620 11.79.00 100% I $47,487.00 0% I $0.00 I $47,487.00 I Operating ��0-11-4CARE.ESTE.300 30.09.01 ]00% I $47,488.00 0% I $0.00 I $47,488.00 Total Project Amount Encumbered via this Suba.vard Agreement I $94,975.00 *This is not a research and development grant. *'The WBS numbers may be replaced without changing thc amount of the subaward at CDOT's discretion. A. Project Description Town of Estes Park shall maintain the existcncc of public transportation services through the following goals: 1. Support transit operations to prevent,prepare for,and respond to COVID-19(see Section D for more details); 2. Enhance access to health care,education,employment,public services, recreation,social transactions,and other basic needs; 3. Assist in the maintenance,development, improvement and use of public transportation in their Transportation Planning Region(TPR); 4. Encourage and facilitate the most efficient use of all transportation fimds used to provide passenger transportation in their TPR through the coordination of programs and services;and 5. Encourage mobility management,employment-related transportation alternatives,joint development practices,and transit-oriented development. This funding is provided to support the services described above for calendar year 2020(January 20—December 31). Contract Numbcr.20-HTR-ZL-03243 491002209 Pagc 20 of 44 Vcrs�on 10 23 19 150 B. Performance Standards 1. Project Milestones Milestone Description � Original Estimated Completion Date Submit Reimbursement Request in COTRAMS � 6/5/2020 Submit Final Reimbursement Request in COTRAMS I 8/31/2020 IMPORTANT NOTE: All milestones in this Statement of Work (except for the final reimbursement request) must be completed no later than the expiration date of this Subaward Agreement: December 31,2020. 2. Perfonnance will be reviewed throughout the duration of this Subaward Agreement.Town of Estes Park shall report to the CDOT Project Manager whenever one or more of the following occurs: a. Budget or schedule changes; b. Scheduled milestone or completion dates are not met; c. Identification of problem areas and how the problems will be resolved; and/or d. Expected impacts and the efforts to recover from delays. C. Project Budget 1. The Total Project Budget is$94,975.00. CDOT will pay 10040 of the eligible, actual administrative costs,up to the maximum amount of$47,487.00,and 100%of the eligible, actual operating costs, up to the maximum amount of$47,488.00. CDOT will retain any remaining balance of the federal share of CARES Act FTA-5311 Funds.Town of Estes Park shall be solely responsible for all costs incurred in the project in excess of the amount paid by CDOT from Federal Funds for the federal share of eligible, actual costs. For CDOT accounting purposes,the Federal Funds of$47,487.00(100°%)for administrative costs and$47,488.00(100°.0)for operating costs,will be encumbered for this Subaward Agreement. 2. No refund or reduction of the amount of Town of Estes Park's share to be provided will be allowed unless there is at the same time a refund or reduction of the federal share of a proportionate amount. 3. Per the tenns of this Subaward Agreement, CDOT shall have no obligation to provide state funds for use on this project.CDOT will administer Federal Funds for this Project under the terms of this Subaward Agreement,provided that the federal share of FTA funds to be administered by CDOT are made available and remain available.Town of Estes Park shall initiate and prosecute to completion all actions necessary to enable Town of Estes Park to provide its share of the Total Project Budget at or prior to the time that such funds are needed to meet the Total Project Budget. D. Allowable Costs I. Town of Estes Park shall agree to adhere to the provisions for allowable and unallowable costs cited in the following regulations: 2 CFR 200.420 through 200.475;FTA C 5010.1 E Chapter VI: Financial Management; Master Agreement, Section 6"Non-Federal Share;"and 2 CFR 200.102. Other applicable requirements for cost allowability not cited previously,shall also be considered. 2. Town of Estes Park's operating expenses (net fare revenue) are eligible beginning January 20, 2020.Those costs include 1)paying administrative leave of operations personnel due to reductions in services or quarantine;2)paratransit service operating expenses;3)Charter service in response to the COVID-19 emergency(up to 45 days without a waiver);4)items having a useful life of less than one year,including personal protective equipment and cleaning supplies; 5)Operating expenses related to the response to COVID-19; 6)Operating expenses related to the pandemic preparedness;and 7)costs directly related to system operations.Town of Estes Park at a minimum, should consider the following items as operating expenses: fuel,oil,drivers and dispatcher salaries and fringe benefits, and licenses. Contract Numbcr:20-HTR-ZL-03243 491002209 Pagc 21 of 44 Vcrsion 10 23 19 151 3. If Town of Estes Park elects to take administrative assistance, eligible costs may include but are not limited to: general administrative expenses(e.g.,salaries of the project director,secretary,and bookkeeper); marketing expenses;insurance premiums or payments to a self-insurance reserve; office supplies;facilities and equipment rental;standard overhead rates;and the costs of administering drug and alcoltol testing.Additionally,administrative costs for promoting and coordinating ridesharing are eligible as project administration if the activity is part of a coordinated public transportation program. 4. If Town of Estes Park l�as already submitted invoices through its 2020 normal 5311 grant agreement,then these expenses are no longer eligible for CAR�S Act funds. E. Reimbursement Eligibility 1. Town of Estes Park must submit invoice(s)monthly via COTRAMS.Reimbursement will apply only to eligible expenses that are incurred within the period of performance(January 20 December 31)of this Subaward Agreement. 2. Reimbursement requests mttst be within tl�e limits of Section D.,Allowable Costs,of this Subaward Agreement.Town of Estes Park will be reimbursed based on the ratio of Federal Funds share and Local Funds share set forth in the Project Budget above. 3. Town of Estes Park must submit the final invoice within sixty(60)calendar days of December 31, 2020,and submit a Grant Closeout and Liquidation(GCL)Form in COTttAMS within fifteen(15) days of issuance of the final reimbursement payment. F. Training In an effort to enhance transit safety,Town of Estes Park and any subrecipients and subcontractors shall make a good faith effort to ensure that appropriate training of agency and contracted personnel is occurring and that personnel are up to date in appropriatc certifications.In particular,Town of Estes Park shall ensure that driving personnel are provided profcssional training in dcfcnsivc driving and training on the handling of mobility devices and transporting older adults and pcople witlt disabilities. G. Restrictions on Lobbying Town of Estes Park is certifying tltat it complies witlt 2 CFR 200.450 by entering into this Subaward Agreement. H. Special Conditions 1. Town of Estes Park will comply witlt all requirements imposed by CDOT on Town of Estes Park so tl�at the federal award is uscd in accordance witlt fcderal statutes,regulations,and the terms and conditions of tl�e federal award. 2. Town of Estes Park must pennit CDOT and their auditors to have access to Town of Estes Park's records and financial statemenls as necessary,with reasonable advance notice. 3. Record retention shall adhere to the requirements outlined in 2 CFR 200333 and FTA C 5010.1 E. 4. Town of Estes Park cannot request reimbursement for costs on this project from more tl�an one Federal Awarding Agency or other federal awards(i.e.,no duplicate billing). 5. Town of Estes Park must obtain prior CDOT approval, in writing,if FTA funds are intended to be used for payment of a lease or for third-parly contracts. 6. If receiving FTA 5311 funding, Town of Estes Park shall advertise its fixed route and/or niral based service as available to the general public and service will not be cxplicitly limitcd by trip purpose or client type. Contract Numbcc 20-HTR-ZL-03243 491002209 Pagc 22 of44 Vcrsian ]0 23r19 152 7. If receiving FTA 5311 funding,Town of Estes Park shall maintain and report annually all information required by NTD and any other financial,fleet,or service data. 8. If receiving FTA 5311 or 5339 funding,Town of Estes Park will ensure subcontractors and subrecipients comply with FTA Drug and Alcohol Regulations. 9. Town of Estes Park will comply with the Federal Transit Administration(FTA)Dnig and Alcohol Regulations,to include on time submission to FTA's Drug and Alcohol Management Information System(DAMIS). 10. Town of Estes Park shall ensure that it does not exclude from participation in,deny the benefits of, or subject to discrimination any person in the United States on the ground of race, color,national origin,sex,age or disability in accordance with Title VI of the Civil Rights Act of 1964. 1 1. Town of Estes Park shall seek to ensure non-discrimination in its programs and activities by developing and maintaining a Title VI Program in accordance with the"Requirements for FTA Subrecipients"in CDOT's Title VI Program Plan and Federal Transit Administration Circular 4702.1 B,"Title Vl Requirements and Guidelines for FTA Recipients."The Party shall also facilitate FTA's compliance with Executive Order 12898 and DOT Order 5610.2(a)by • incorporating the principles of environmental justice in planning,project development and public outreach in accordance with FTA Circular 4703.1 "Environmental Justice Policy Guidance for Federal Transit Administration Recipients." !2. Town of Estes Park will provide transportation services to persons with disabilities in accordance with the Americans with Disabilities Act of 1990,as amended,42 U.S.C. � 12101 et seq. I 3. Town of Estes Park shall develop and maintain an ADA Program in accordance with 28 CFR Part 35,Nondiscrimination on the Basis of Disability in State and Local Government Services,FTA Circular 4710.1,and any additional requirements established by CDOT for FTA Subrecipients. i4. Town of Estes Park shall ensure that it will comply with the Americans with Disabilities Act, Section 504 of the Rehabilitation Act,FTA guidance,and any other federal,state,and/or local laws,rules and/or regulations.In any contract utilizing federal funds, land,or other federal aid, Town of Estes Park shall require its subrecipients and/or contractors to provide a statement of written assurance that they will comply with Section 504 and not discriminate on the basis of disability. i 5. Town of Estes Park shall agree to produce and maintain documentation that supports compliance with the Americans with Disabilities Act to CDOT upon request. 16. Town of Estes Park shall update its Agency Profile in COTRAMS with any alterations to existing construction or any new construction in accordance with FTA Circular 4710.1. 17. If applicable,Town of Estes Park will adopt a Transit Asset Management Plan that complies with regulations implementing 49 U.S.C. � 5326(d). I R. Town of Estes Park shall include nondiscrimination language and the Disadvantaged Business Enterprise(DBE)assurance in all contracts and solicitations in accordance with DBE regulations, 49 CFR part 26 and CDOT's DBE program. Contract Numbcr:20-HTR-ZL-03243 491002209 Pagc 23 of 44 Vcrsion 10 23 19 153 EXHIBIT B, SAMPLE OPTION LETTER State Agency Option Letter Number Department of Transportation Insert the Option Number(e.g. "1"for the first option) Subrecipient Original Agreement Number Insert SubrecipienYs Full Legal Name, inciuding"Inc.", Insert CMS number or Other Contract Nitmber of "LLC", etc... the Original Contract Subaward Agreement Amount Option Agreement Number Federal Ftmds Insert CMS number or Other Contract Number of Maximum Amount(%) $0.00 this Option Local Funds Agreement Performance Beginning Date Local Match Amotmt(°io) $0.00 The later of the Effective Date or Month,Day, Year Agreement Total $0.00 Current Agreement Expiration Date Month, Day, Year 1. OPTIONS: A. Option to extend for an Extension Ternl or End of Ternl Extension. 2. REQUIRED PROVISIONS: A. For use with Oation 1(Al:In accordance with Section(s)2.B 2.0 of the Original Agreement referenced above,tl�e State I�ereby exercises its option for an additional tenn/end of tern�extension,beginning Insert start date and ending on the current agreement expiration date shown above, at the rates stated in the Original Agreement,as amended. B. For use with Oations 1(A): The Subaward Agreement Amount table on the Agreemcnt's Cover Page is hereby deleted and replaced with tl�e Current Subaward Agreement Amount table shown above. 3. OPTION EFFECTIVE DATE: A. The effective date of this Option Letter is upon approval of thc State Controller or ,whichever is later. STATE OF COLORADO 1n accordance witl�§24-30-202,C.R.S.,tl�is Option Jared S. Polis,Governor Letter is not valid until signed and dated below by Department of Transportation the State Controller or an authorited delegate. Shoshana M. Lew,Executive Director STATE CONTROLLER Robert Jaros,CPA,MBA,JD By: By: David Knitsinger,Director, Department of Transportation Division of Transit&Rail Date: � Option Letter EfFective Date:_ Contract Nunibcr.20-HTR-ZL-03243 491002209 Pagc 24 of 44 Vcrsion 10 23 l9 154 EXHIBIT C, FEDERAL PROVISIONS 1. APPLICABILITY OF PROVISIONS l.1. The Contract to which these Federal Provisions are attached has been funded, in whole or in part,with an Award of Federal funds. In the event of a conflict between the provisions of these Federal Provisions, the Special Provisions,the body of the Contract, or any attachments or exhibits incorporated into and made a part of the Contract,the provisions of these Federal Provisions shall control. 2. DEFINITIONS 2.1. For the purposes of these Federal Provisions, the following terms shall have the meanings ascribed to them below. 2.l.l. "Award"means an award of Federal financial assistance,and the Contract setting forth the terms and conditions of that financial assistance,that a non-Federal Entity receives or administers. 2.1.1.1. Awards may be in the form of: 2.1.1.1.1. Grants; 2.1.1.1.2. Contracts; 2.1.1.1.3. Cooperative agreements, which do not include cooperative research and development agreements(CRDA)pursuant to the Federal Technology Transfer Act of 1986,as amended (15 U.S.C. 3710); 2.1.1.1.4. Loans; 2.1.1.1.5. Loan Guarantees; 2.1.1.1.6. Subsidies; 2.1.1.1.7. Insurance; 2.1.1.1.8. Food commodities; 2.I.1.1.9. Direct appropriations; 2.1.1.1.l0. Assessed and voluntary contributions;and 2.12.1.11. Other financial assistance transactions that authorize the expenditure of Federal funds by non-Federal Entities. 2.l.l.1.12. Any other items specified by OMB in policy memoranda available at the OMB website or other source posted by the OMB. 2.1.1.2. Award does not include: 2.1.1.2.1. Technical assistance,which provides services in lieu of money; 2.l.1.2.2. A transfer of title to Federally-owned property provided in lieu of money;even if the award is called a grant; 2.1.1.2.3. Any award classified for security purposes;or 2.1.1.2.4. Any award funded in whole or in part with Recovery funds, as defined in section 1512 of the American Recovery and Reinvestment Act(ARRA) of 2009(Public Law 111-5). 2.1.2. "Contract" means the Agreement or Subaward Agreement to which these Federal Provisions are attached and includes all Award types in§2.1.1.1 of this Exhibit. 2.1.3. "Contractor"means the party or parties to a Contract or Subaward Agreement funded, in whole or in part,with Federal financial assistance,other than the Prime Recipient,and includes Subrecipients and bonowers. For purposes of Transparency Act reporting,Contractor does not include Vendors. 2.1.4. "Data Universal Numbering System(DUNS)Number"means the nine-digit number established and assigned by Dun and Bradstreet, Inc. to uniquely identify a business entity. Dun and Bradstreet's website may be found at:http:llfedgov.dnb.com/webform. 2.1.5. "Entity"means all of the following as defined at 2 CFR part 25,subpart C; Contract Numbcr:20-HTR-ZL-03243 491002209 Pagc 25 of 44 Vcrsion 10 23 19 155 2.l.5.I. A governmental organization,which is a State,local govenunent,or Indian Tribe; 2.1.5.2. A foreign public entity; 2.1.5.3. A domestic or foreign non-profit organization; 2.1.5.4. A domestic or foreign for-profit organization;and 2.1.5.5. A Federal agency,but only a Subrecipient under an Award or Sub award to a non-Federal entity. 2.l.6. "Executive" means an officer, managing partner or any other employee in a management position. 2.1.7. "Federal Award Identification Number (FAIN)" means an Award number assigned by a Federal agency to a Prime Recipient. 2.1.8. "Federal Awarding Agency"means a Federal agency providing a Federal Award to a Recipient as described in 2 CFR§20037 2.1.9. "FFATA" means the Federal F�mding Accountability and Transparency Act of 2006 (Public Law 109-282), as amended by §6202 of Public Law l 10-252. FFATA, as amended, also is referred to as the"Transparency Act." 2.1.10. "Federal Provisions"means these Federal Provisions subject to the Transparency Act and Uniform Guidance, as may be revised pursi►ant to ongoing guidance from the relevant Federal or State of Colorado agency or institutions of higher education. 2.l.1 I. • "OMB"means the Executive Office of the President,Office of Management and Budget. 2.1.12. "Prime RecipienP' means a Colorado State agency or instih�tion of higher education that receives an Award. 2.l.13. "Subaward"means an award by a Recipient to a Subrecipient funded in whole or in part by a Federal Award. The tenns and conditions of the Federal Award flow down to the Award unless the terms and conditions of the Federal Award specifically indicate otherwise in accordance with 2 CFR §200.38. The term does not include paymcnts to a contractor or payments to an individual that is a beneficiary of a Federal program. 2.1.l4. "Subrecipient"means a non-Federal Entity(or a Federal agency under an Award or Subaward to a non-Federal Entity) receiving Federal funds through a Prime Recipient to support the perfonnance of the Federal project or program for which the Federal funds were awarded. A Subrecipient is subject to the terms and conditions of the Federal Award to the Prime Recipient,including program compliance rec�uirements.The term"Subrecipient"includes and may be referred to as Subrecipient. The term does not include an individual who is a beneficiary of a federal program. 2.1.15. "Subrecipient Parent DIJNS Number" means the sub recipient parent organization's 9-digit Data Universal Numbering System(DUNS)number that appears in the sub recipient's System for Award Management (SAM)psofile, if applicable. 2.i.16. "System for Award Management(SAM)"means the Federal repository into which an Entity must enter the information required under the Transparency Act, which may be found at http:/www.sam.gov. 2.1.17. "Total Compensation"means the cash and noncash dollar value earned by an Executive during the Prime Recipient's or Subrecipient's preceding fiscal year and includes the following: 2.1.17.1. Salary and bonus; 2.1.17.2. Awards of stock, stock options, and stock appreciation rights, using the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. l23 (Revised 2005) (FAS I 23R),Shared Based Payments; 2.1.17.3. Earnings for services under non-equity incentive plans, not inclttding group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of Executives and are available generally to all salaried employees; 2.1.17.4. Change in present value of defined benefit and actuarial pension plans; 2.1.17.5. Above-market earnings on deferred compensation which is not tax-qualified; Contract Numbcr.20-HTR-ZL-03243 491002209 Pagc 26 of44 Vcrsion 10 23 19 156 2.1.17.6. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property)for the Executive exceeds$10,000. 2.1.18. "Transparency AcP' means the Federal Funding Accountability and Transparency Act of 2006 (Public Law ]09-282), as amended by §6202 of Public Law 110-252. The Transparency Act also is referred to as FFATA. 2.1.19. "Uniform Guidance" means the Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which supersedes requirements from OMB Circulars A-21, A-87, A-110, and A-122, OMB Circulars A-89, A-102, and A-133, and the guidance in Circular A-50 on Single Audit Act follo�v-up. The terms and conditions of the Uniform Guidance flow down to Awards to Subrecipients unless the Uniform Guidance or the terms and conditions of the Federal Award specifically indicate otherwise. 2.1.20. "Vendor" means a dealer, distributor, merchant or other seller providing property or services required for a project or program fiinded by an Award. A Vendor is not a Prime Recipient or a Subrecipient and is not subject to the terms and conditions of the Federal award. Program compliance requirements do not pass through to a Vendor. 3. COMPLIANCE 3.1. Contractor shall comply�vith all applicable provisions of the Transparency Act,all applicable provisions of the Uniform Guidance,and the regulations issued pursuant thereto, including but not limited to these Federal Provisions.Any revisions to such provisions or regulations shall automatically become a part of these Federal Provisions, �vithout the necessity of either party executing any fiirther instrument. The State of Colorado may provide written notification to Contractor of such revisions,but such notice shall not be a condition precedent to the effectiveness of such revisions. 4. SYSTEM FOR AWARD MANAGEMENT (SAM) AND DATA UNIVERSAL NUMBERING SYSTEM(DUNS)REQUIREMENTS 4.1. SAM. Contractor shall maintain the currency of its information in SAM until the Contractor submits the final financial report�required under the Award or receives final payment,whichever is later. Contractor shall review and update SAM information at least annually after the initial registration, and more fi�equently if required by changes in its information. 4.2. DUNS. Contractor shall provide its DUNS number to its Prime Recipient,and shall update Contractor's information in Dun&Bradstreet,Inc.at least annually after the initial registration,and more frequently if required by changes in Contractor's information. 5. TOTAL COMPENSATION 5.1. Contractor shall include Total Compensation in SAM for each of its five most highly compensated Executives for the preceding fiscal year if: 5.1.1. The total Federal fimding authorized to date under the Award is$25,000 or more;and 5.12. In the preceding fiscal year, Contractor received: 5.1.2.1. 80%or more of its annual gross revenues from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards or Sub awards subject to the Transparency Act;and 5.1.2.2. $25,000,000 or more in annual gross revenues from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards or Sub a�vards subject to the Transparency Act;and 5.1.3. The public does not have access to information about the compensation of such Executives through periodic reports filed under section 13(a)or 15(d)of the Securities Exchange Act of 1934(15 U.S.C. 78m(a),78o(d)or§ 6104 of the Internal Revenue Code of 1986. 6. REPORTING 6.1. Contractor shall report data elements to SAM and to the Prime Recipient as required in this Exhibit if Contractor is a Subrecipient for the Award pursuant to the Transparency Act. No direct payment shall be made to Contractor for providing any reports required under these Federal Provisions and the cost of producing such reports shall be included in the Contract price. The reporting requirements in this Exhibit ContractNumbcr.20-HTR-ZL-03243 491002209 Pagc 27 of44 Vcrs�on 10 23 19 157 are based on guidance from the US Office of Management and Budget(OMB),and as such are subject to change at any time by OMB. Any such changes shall be automatically incorporated into this Contract and shall become part of Contractor's obligations under this Contract. 7. EFFECTIVE DATE AND DOLLAR THRESHOLD FOR REPORTING 7.1. Reporting requirements in §8 below apply to new Awards as of October 1, 2010, if the initial award is $25,000 or more. If the initial Award is below$25,000 but subsequent Award modifications result in a total Award of$25,000 or more, the Award is subject to the reporting requirements as of the date the Award exceeds $25,000. If the initial Award is $25,000 or more, but funding is subsequently de- obligated such that the total award amount falls below$25,000,the Award shall continue to be subject to the reporting requirements. 7Z. The procurement standards in §9 below are applicable to new Awards made by Prime Recipient as of December 26, 2015. The standards set forth in §l l below are applicable to audits of fiscal years beginning on or after December 26,2014. 8. SUBRECIPIENT REPORTIIVG REQUIRFI�lENTS 8.1. If Contractor is a Subrecipient,Contractor shall report as set forth below. 8.1.I. To SAM. A Subrecipient shall register in SAM and report the following data elements in SAM for eacle Federal Award identification Number no later than the end of the month following the month in which the Sub award was made: 8.1.1.1. Subrecipient DUNS Number; 8.1.1.2. Subrecipient DUNS Number+4 if more than one electronic fiinds transfer(EFT)account; S.l.l.3. Subrecipient Parent D�1NS Number; 8.1.1.4. Subrecipient's address, including: Street Address, City, State, Counlry, Zip + 4, and Congressional District; 8.1.1.5. Subrccipicnt's top 5 most Itighly compensated Executives if the criteria in �4 above are met; and 8.1.1.6. Subrecipient's Total Compensation of top 5 most highly compensated Executives if criteria in §4 above met. 8.1.2. To Prime Recipient. A Subrecipient shall report to its Prime Recipient,upon the effective date of the Agreement,the following data elements: 8.1.2.1. Subrecipient's D11NS Number as registered in SAM. 8.1.2.2. Primary Place of Performance Infonnation,including: Street Address,City,State,Country,Zip code +4,and Congressional District. 9. PROCUR�MENT STANDARDS 9.I. Procurement Procedures. A Subrecipient shall use its own documented procurement procedures which reflect applicable State,local,and Tribal laws and regulations,provided that the procurements conform to applicable Federa! law and the standards identified in the Uniform Guidance, including without limitation, §�200.318 through 200.326 thcrcof. 9.2. Procuremenl of Recovered Malerials. If a Subrecipienl is a State Agency or an agency of a political subdivision of the State,its contractors musl comply with seclion 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency(EPA)at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition,where the purchase price of the item exceeds$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery;and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Contract Numbcr.20-HTR-ZL-03243 491002209 Pagc 28 of 44 Vcrsion 10 23 19 158 10. ACCESS TO RECORDS I 0.1. A Subrecipient shall permit Recipient and auditors to have access to Sub recipient's records and financial statements as necessary for Recipient to meet the requirements of§200.331 (Requirements for pass- through entities), §§200.300 (Statutory and national policy requirements) through 200.309 (Period of performance),and Subpart F-Audit Requirements of the Uniform Guidance. 2 CFR§200331(a)(5). 11. SINGLE AUDIT REQUIREMENTS 1 1.1. if a Subrecipient expends$750,000 or more in Federal Awards during the Subrecipient's fiscal year,the Subrecipient shall procure or arrange for a single or program-specific audit conducted for that year in accordance with the provisions of Subpart F-Audit Requirements of the Uniform Guidance, issued pursuant to the Single Audit Act Amendments of 1996,(31 U.S.C.7501-7507). 2 CFR§200.501. l 1.1.1. Election. A Subrecipient shall have a single audit conducted in accordance with Uniform Guidance §200.514 (Scope of audit), except when it elects to have a program-specific audit conducted in accordance with §200.507 (Program-specific audits). The Subrecipient may elect to have a program-specific audit if Subrecipient expends Federal Awards under only one Federal program (excluding research and development)and the Federal program's statutes, regulations, or the terms and conditions of the Federal award do not require a financial statement audit of Prime Recipient. A program-specific audit may not be elected for research and development unless all of the Federal Awards expended were received from Recipient and Recipient approves in advance a program- specific audit. l 1.1.2. Exemption. If a Subrecipient expends less than$750,000 in Federal Awards during its fiscal year, the Subrecipient shall be exempt from Federal audit requirements for that year,except as noted in 2 CFR §200.503 (Relation to other audit requirements), but records shall be available for review or audit by appropriate officials of the Federal agency, the State, and the Government Accountability Office. l 1.1.3. Subrecipient Compliance Responsibility. A Subrecipient shall procure or otherwise arrange for the audit required by Part F of the Uniform Guidance and ensure it is properly performed and submitted when due in accordance with the Uniform Guidance. Subrecipient shall prepare appropriate financial statements, including the schedule of expenditures of Federal awards in accordance with Uniform Guidance§200.510(Financial statements)and provide the auditor with access to personnel, accounts,books, records, supporting documentation, and other information as needed for the auditor to perform the audit required by Uniform Guidance Part F-Audit Requirements. 12. CONTRACT PROVISIONS FOR SUBRECIPIENT CONTRACTS 12.1. if Contractor is a Subrecipient,then it shall comply with and shall include all of the following applicable provisions in all subcontracts entered into by it pursuant to this Agreement. 12.1.1. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 60- l.3 shall include the equal opportunity clause provided under 41 CFR 60-1.4(b),in accordance with Executive Order 11246,"Equal Employment Opportunity"(30 FR 12319, 12935,3 CFR Part, 1964- 1965 Comp.,p. 339), as amended by Executive Order 11375,"Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs,Equal Employment Opporttinity,Department of Labor. 12.1.1.1. During the perforn�ance of this contract,the contractor agrees as follows: 12.1.1.1.1. Contractor will not discriminate against any employee or applicant for employment because of race,color,religion,sex,or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion,or transfer,recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation;and selection for training,including apprenticeship. The contractor agrees to post in conspicuous places,available to employees and applicants Contract Numbcr:20-HTR-ZL-03243 491002209 Pagc 29 of44 Vcrsion]0 33 I9 159 for employment, notices to be provided by the contracting officer setting f'orth the provisions of this nondiscrimination clause. 12.1.I.I.2. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race,color,religion,sex,or national origin. l2.I.1.!3. Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or otl�er contract or understanding,a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965,and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 12.1.1.1.4. Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,and of the niles,regulations,and relevant orders of the Secretary of Labor. 12,1.1.1.5. Contractor will fiimish all infonnation and reports required by Executive Order 11246 of September 24, 1965,and by tl�e n�les,regulations,and orders of the Secretary of Labor,or pursuant thereto, and will pennit access to his books, records, and acco�mts by the contracting agency and thc Secretary of Labor for purposes of investigation to ascertain compliance with such niles,regulations,and orders. 12.1.1.1.6. In the event of Contractor's non-compiiance with the nondiscrimination clauses of this contract or with any of such n�les, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Govemment contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 1 1246 of September 24, 1965,or by nile, regulation,or order of thc Secretary of Labor,or as otherwise provided by law. 12.1.1.1.7. Contractor will inciude the provisions ofparagraphs (1) through (7) in every subcontract or purchase order unless exempted by niles,regulations,or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will bc binding upon eacl� subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means oF enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event Contractor becomes involved in,or is threatened witl�, litigation witl� a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States." 12.1.2. Davis-Bacon Act. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime consln►ction contrac[s in excess of$2,000 awarded by non- Federal entities must include a provision for compliance with the Davis-Bacon Act(40 U.S.C.3141- 3144,and 3146-3148)as supplemented by Department of Labor regulations(29 CFR Part 5,"Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Constniction"). In accordance with the statute,contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by tlie Secretary of Labor. In addition,contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wagc determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with tl�e Copeland "Anti-Kickback"Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontrac[ors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from tl�e United States"). The Act provides that eacl�contractor or Subrecipient must be prohibited from inducing, by any means, any person employed in the constn�ction, completion, or repair of public work,to give up any part of the compensation to which he or she is otherwise entitled. Tlie non-Federal entity must report all suspected or reported violations to the Federal awarding agency. Contract Numbcr.20-HTR-ZL-03243 491002209 Pagc 30 of44 Vcrsion 10 23 19 160 12.13. Rights to Inventions Made Under a Contract or Contract. If the Federal Award meets the definition of"fiinding Contract"under 37 CFR §401.2 (a) and Subrecipient wishes to enter into a contract with a small business finn or nonprofit organization regarding the substitution of parties, assignment or perfonnance of experimental, developmental, or research work under that"fiinding Contract," Subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonpro�t Organizations and Small Business Finns Under Government Grants, Contracts and Cooperative Contracts," and any implementing regulations issued by the awarding agency. 12.1.4. Clean Air Act(42 U.S.C.7401-7671q.)and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387),as amended. Contracts and subawards of amounts in excess of$150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671 q)and the Federal Water Pollution Control Act as amended(33 U.S.C. 1251-1387).Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). 12.1.5. Debarment and Suspension(Executi��e Orders 12549 and 12689). A contract award(see 2 CFR 180.220) must not be made to parties listed on the govemment wide exclusions in the System for Award Management(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549(3 CFR part 1986 Comp.,p. 189)and 12689(3 CFR part 1989 Comp.,p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended,or otherwise excluded by agencies,as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 12.1.6. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352). Contractors that apply or bid for an award exceeding$100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency,a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract,grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier-to-tier up to the non-Federal award. 13. CERTIFICATIONS 13.1. Unless prohibited by Federal statutes or regulations, Recipient may require Subrecipient to submit certifications and representations required by Federal statutes or regulations on an annual basis. 2 CFR §200.208. Submission may be required more frequently if Subrecipient fails to meet a requirement of the Federal award. Subrecipient shall certify in writing to the State at the end of the Award that the project or activity was completed, or the level of effort was expended. 2 CFR §200.201(3). If the required level of activity or effort was not carried out,the amount of the Award must be adjusted. 14. EXEMPTIONS 14.1. These Federal Provisions do not apply to an individual who receives an Award as a natural person, unrelated to any business or non-profit organization he or she may own or operate in his or her name. 14.2. A Contractor with gross income from all sources of less than$300,000 in the previous tax year is exempt from the requirements to report Subawards and the Total Compensation of its most highly compensated Executives. 14.3. There are no Transparency Act reporting requirements for Vendors. 15. EVENT OF DEFAULT 15.1. Failure to comply with these Federal Provisions shall constitute an event of default under the Contract and the State of Colorado may terminate the Contract upon 30 days prior written notice if the default remains uncured five calendar days following the termination of the 30-day notice period.This remedy will be in addition to any other remedy available to the State of Colorado under the Contract,at law or in equity. Contract Numbcr:20-HTR-ZL-03243 491002209 Pagc 31 of44 Vcrsion 10�23l19 161 EXHIBIT D, REQUIRED FEDERA.L CONTRACTlAGREEMENT CLAUSES All FI'A-Assisted Third-Partv Contracts and Subawards from the Current FTA Iliaster Agreement f FTA h1A(2311 Section 3.1.—No Federal government obligations to third-parties by use of a disclaimer No Federal/State Government Commitment or Liability to Third Parties. Except as the Federal Government or CDOT expressly consents in writing,the Subrecipient agrees that: (1) The Federal Government or CDOT do not and shall not have any commitment or liability related to the Agreement,to any Third-Party Participant at any tier,or to any other person or entity that is not a party(FTA, CDOT or the Subrecipient)to the Agreement, and (2) Notwithstanding that the Federal Government or CDOT may have concurred in or approved any Solicitation or Third-Party Agreement at any tier that may affect the Agreement, the Federal Government and CDOT does not and shall not have any commitment or liability to any Third Party Participant or other entity or person that is not a party (FTA,CDOT,or the Subrecipient)to the Agreement. Section 4.f.—Program fraud and false or fraudulent statements and related acts False or Fraudulent Statements or Claims. (1) Civil Fraud. The Subrecipient acknowledges and agrees that: (a) Federal laws, regulations, and requirements apply to itself and its Agreement, including the Program Frat►d Civil Remedies Act of 1986, as amended, 31 U S.C. � 3801 et seq., and U.S. DOT regulations, "Program Fraud Civil Remedies,"49 C.F.R.part3l. " (b) By executing the Agreement, the Subrecipient certifies and affirms to the Federal Government the truthfulness and accuracy of any claim, statement, submission, certification, assurance, affinnation, or representation that the Subrecipient provides to the Federal Government and CDOT. (c) The Federal Government and CDOT may impose the penallies of the Program Fraud Civil Remedies Act of 1986,as amended, and other applicable penalties if the Subrecipient presents, submits, or makes available any false, fictitiotts, or fraudulent infbrmation. (2) Criminal Fraud. The Subrccipient acknowledges that 49 U.S.C. � 5323(/)(1) authorizes the Federal Government to impose the penalties under l8 U.S.C. ti 1001 if the Subrecipient provides a false, fictitious, or fraudulent claim, statement, submission, certification, assurance, or representation in connection with a federal public transportation program under 49 U.S.C.chapter 53 or any other applicable federal law. Section 9.Record Retention and Access to Sites of Performance. a. Types ofRecords.The Subrecipient agrees that�t will retain,and will require its Third-Party Participants to retain, complete and readily accessible records related in whole or in part to the Underlying Agreement, including, but not limited to, data, documents, reports, statistics, subagreements, leases, third party contracts, arrangements, other third-party agreements of any type,and supporting materials related to thoserecords. b. Retention Period. The Subrecipient agrees that it will comply with the record retention requirements in the applicable U.S. DOT Common Rule. Records pertaining to its Award, the accompanying Agreement, and any Amendments thereto must be retained from the day the Agreement was signed by the authorized FTA or State official through the course of the Award,the accompanying Agreement,and any Amendments thereto until three years after the Subrecipient has submitted its last or final expenditure report,and other pending matters are closed. c, Access to Recipient and Third-Party Participant Records. The Subrecipient agrees and assures that each Subrecipient, if any,will agree to: (1) Provide, and require its Third Party Participants at each tier to provide, sufficient access to inspect and audit records and information related to its Award,the accompanying Agreement,and any Amendments thereto to the U.S. Secretary of Transportation or the Secretary's duly authorized representatives,to the Comptroller General of the United States, and the Comptroller General's duly authorized representatives, and to the Subrecipient and each of its Subrecipient, (2) Permit those individuals listed above to inspect all work and materials related to its Award, and to audit any information related to its Award under the control of the Subrecipient or Third-Party Participant within books, records, accounts, or other locations,and (3) Otherwise comply with 49 U.S.C. � 5325(g), and federal access to records requirements as set forth in the applicable U.S.DOT Common Rules. d. Access to the Sites of Performance.The Subrecipient agrees to permit,and to rec�uire its Third-Party Participants to perniit,FTA and CDOT to have access to the sites of performance of its Award,the accompanying Agreement, and any Amendments thereto, and to make site visits as needed in compliance with State and the U.S. DOT Common Rules. ContractNumbcr.20-HTR-ZL-03243 491002209 Pagc 32 of 44 Vcrsion 10/23/19 162 e. Closeout.Closeout of the Award does not alter the record retention or access requirements of this section of the Master Agreement. 3.G—Federal Changes Application of Federal, State,and Local Laws,Regulations, Requirements, and Guidance. The Subrecipient agrees to comply witlt all applicable federal requirements and federal guidance. All standards or limits are minimum requirements when those standards or limits are included in the Recipient's Agreement or tliis Master Agreement. At tlie time tlie FTA Authorized Official (CDOT) awards federal assistance to the Subrecipient in support of the Agreement,tlie federal requirements and guidance that apply then may be modified from time-to-time and will apply to the Subrecipient or tlie accompanying Agreement. 12—Civil Rights a. Nondiscrimination Title Vi of the Civil Rights Act.The Subrecipient agrees to,and assures that each Third- Party Participant,will: (1) Prohibit discrimination on the basis of race,color,or national origin, (2) Comply with: (a) Title VI of the Civil Rights Act of 1964,as amended,42 U.S.C. �2000d et seq., (b) U.S. DOT regulations, "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation Effectuation of Title V1 of tlie Civil Rights Act of 1964,"49 C.F.R.part 21,and (c) Federal transit law,specifically 49 U.S.C. § 5332,and (3) Follow: (a) The most recent edition of FTA Circular 4702.1,"Title Vl Requirements and Guidelines for Federal Transit Administration Recipients," to the extent consistent with applicable federal laws, regulations,requirements,and guidance, (b) U.S.DOJ,"Guidelines for the enforcement of Title VI,Civil Rights Act of 1964,"28 C.F.R. § 50.3, and � (c) All other applicable federal guidance that may be issued. b. Equal Employment Opportunity. (1) Federal Requirements and Guidance. The Subrecipient agrees to, and assures that each Third-Party Participant will, prohibit, discrimination on the basis of race, color, religion, sex, sexual orientation, gender identity,or national origin,and: (a) Comply with Title VIi of the Civil Rights Act of 1964,as amended,42 U.S.C. §2000e et seq., (b) Facilitate compliance with Executive Order No. 11246, "Equal Employment Opportunity" September 24, 1965,42 U.S.C. {2000e note,as amended by any later Executive Order that amends or supersedes it in part and is applicable to federal assistance programs, (c) Comply witlt federal transit law, specifically 49 U.S.C. § 5332, as provided in section 12 of this Master Agreement, (d) FTA Circular 4704.1 "Equal Employment Opportunity (EEO) Requirements and Guidelines for Federal Transit Administration Recipients,"and (e) Follow other federal guidance pertaining to EEO laws, regulations, and requirements, and prohibitions against discrimination on the basis of disability, (2). Specifics.The Subrecipient agrees to,and assures that each Third-Party Participant will: (a) Prohibited Discrimination.Ensure that applicants for employment are employed and employees are treated during employment without discrimination on the basis of their race,color,religion,national origin, disability, age, sexual orientation, gender identity, or status as a parent, as provided in Executive Order No. 11246 and by any later Executive Order that amends or supersedes it, and as specified by U.S.Department of Labor regulations, (b) Affirmative Action.Take affirmative action that includes,but is not limited to: 1 Recruitment advertising,recruitment,and employment, 2 Rates of pay and other forms of compensation, 3 Selection for training,including apprenticeship,and upgrading,and 4 Transfers,demotions, layoffs,and terminations,but (c) Indian Tribe.Recognize that Title VII of the Civil Rights Act of 1964,as amended,exempts Indian Tribes under tlie definition of"Employer,"and (3) Equal Employment Opportunity Requirements for Construction Activities. Comply,wlien undertaking "construction"as recognized by the U.S.Department of Labor(U.S.DOL),with: (a) U.S. DOL regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity,Department of Labor,"41 C.F.R.chapter 60,and Contract Numbcr:20-HTR-ZL-03243 491002209 Pagc 33 of44 Vcrsion 10 23l19 163 (b) Executive Order No. 11246,"Equal Employment Opportunity in Federal Employment,"September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it,referenced in 42 U.S.C. § 2000e note. c. Nondiscrimination on the Basis of Disability. The Subrecipient agrees to comply with the following federal prohibitions against discrimination on the basis of disability: (1) Federal laws, inchiding: (a) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of disability in the administration of federally assisted Programs, Projects, or activities, (b) The Americans with Disabilities Act of 1990(ADA),as amended,42 U.S.C. § 12101 et seq.,which requires that accessible facilities and services be made availab�e to individuals with disabilities: 1 For FTA Recipients generally,Titles I,II,and III of the ADA apply,but 2 For Indian Tribes, Titles II and iii of the ADA apply, but Title i of the ADA does not apply because it exempts Indian Tribes from the definition of"employer," (c) The Architectural Barriers Act of 1968, as amended,42 U.S.C. §4151 et seq.,which requires that buildings and public accommodations be accessible to individuals with disabilities, (d) Federal transit law, specifically 49 U.S.C. § 5332, which now includcs disability as a prohibited basis for discrimination,and (e) Other applicable federal laws, regulations, and requirements pertaining to access for seniors or individuals with disabilities. (2) Federal regulations and guidance,including: (a) U.S. DOT regulations, "Transportation Services for lndividuals with Disabilities (ADA)," 49 C.F.R.part 37, (b) U.S. DOT regulations, "Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting from Federai Financial Assistance,"49 C.F.R.part 27, (c) Joint U.S. Architectural and Transportation Barriers Compliance Board(U.S. ATBCB) and U.S. DOT regulations, "Americans With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles,"36 C.F.R. part 1192 and 49 C.F.R. part 38, (d) U.S. DOT rcgulations, "Transportation for Individtials with Disabilitics: Passenger Vessels,"49 C.F.R.part 39, (e) U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability in State and Local Government Services,"28 C.F.R.part 35, (� U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilitics,"28 C.F.R. part 36, (g) U.S. EEOC,"Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,"29 C.F.R.part 1630, (h) U.S.Federal Comm�mications Commission regulations,"Telecommunications Relay Services and Related Customer Premises Equipment for Persons with Disabilities,"47 C.F.R. part 64, Subpart F, (i) U.S_ ATBCB regulations, "Elcctronic and Information Technology Accessibility Standards," 36 C.F.R. part 1194, (j) FTA regulations,"Transpor[ation for Elderly and Handicapped Persons,"49 C.F.R. part 609, (k) FTA Csrcular 4710.1,"Americans with Disabilities Act: Guidance,"and (I) Other applicable federal civil rights and nondiscrimination regulations and guidance. Incorporation of FTA Terms 16.a. a. Federal Laws,Regulations,Requirements,and Guidance. The Subrecipientagrees: (1) To comply with the requirements of49 U.S.C. chapter 53 and other applicable federal laws,regulations, and requirements in effect now or la[er that affect its third party procurements, (2) To comply with the applicable U.S.DOT Common Rules,and (3) To follow the most recent edition and any revisions of FTA Circular 4220.1, "Third Party Contracting Guidance," to the extent consistent with applicable federal laws, regulations, requirements, and guidance. Energy Conservation 26.j a. Energy Conservation.The Subrecipient agrees to, and assures that its Subrecipients,if any, will comply with the mandatory energy standards and policies of its state energy conservation plans under the Energy Policy and Conservation Act, as amended, 42 U.S.C. § 6321 et seq., and perform an energy assessment for any building constructed, reconstnicted, or modified with federal assistance required�mder FTA regulations, "Requirements for Energy Assessments,"49 C.F.R.part 622, subpart C. Contract Numbcr 20-HTR-ZL-03243 491002209 Pagc 34 of44 Vcrs�on 10 23�19 164 Auulicable to Awards exceedinQ$10.000 Section 11.Right of the Federal Government to Terminate. a. Justification. After providing written notice to the Subrecipient, the Subrecipient agrees that the Federal Government may suspend, suspend then tenninate, or terminate all or any part of the federal assistance for the Award if: (1) The Subrecipient has failed to make reasonable progress implementing the Award, (2) The Federa]Government determines that continuing to provide federal assistance to support the Award does not adequately serve the purposes of the law authorizing the Award,or (3) The Subrecipient has violated the terms of the Agreement, especially if that violation would endanger substantial performance of the Agreement. b. Financial Implications.In general,termination of federal assistance for the Award will not invalidate obligations properly incurred before the tennination date to the extent that the obligations cannot be canceled. The Federal Government may recover the federal assistance it has provided for the Award,including the federal assistance for obligations properly incurred before the termination date, if it determines that the Subrecipient has misused its federal assistance by failing to make adequate progress, failing to make appropriate use of the Project property, or failing to comply with the Agreement, and require the Subrecipient to refund the entire amount or a lesser amount,as the Federal Government may determine including obligations properly incurred before the termination date. c. Expiration of the Period of Performance.Except for a Full Funding Grant Agreement, expiration of any period of perfonnance established for the Award does not, by itself, constitute an expiration or tennination of the Award; FTA may extend the period of perfonnance to assure that each Formula Project or related activities and each Project or related activities fiinded with "no year" fiinds can receive FTA assistance to the extent FTA deems appropriate. Applicable to Awards exceedin�$25,000 From Section 4.Ethics. ' a. Debannent and Suspension.The Subrecipient agrees to the following: (1) It will comply with the following requirements of 2 C.F.R. part 180, subpart C, as adopted and supplemented by U.S.DOT regulations at 2 C.F.R.part 1200. (2) It will not enter into any arrangement to participate in the development or implementation of the Underlying Agreement with any Third-Party Participant that is debarred or suspended except as authorized by: (a) U.S.DOT regulations,"Nonprocurement Suspension and Debarment,"2 C.F.R.part 1200, (b) U.S. OMB regulatory guidance, "Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),"2 C.F.R.part 180, including any amendments thereto, (c) Executive Orders No. 12549, "Uniform Suspension,Debarment,or Exclusion of Participants from Procurement or Nonprocurement Activity,"October 13, 1994,"31 U.S.C. � 6101 note,as amended by Executive Order No. 12689, "Debarment and Suspension,"August 16, 1989,31 U.S.C. � 6101 note,and (d) Other applicable federal laws, regulations, or guidance regarding participation with debarred or suspended Subrecipients or Third-Party Participants. (3) It wil] review the U.S. GSA"System for Award Management Lists of Parties Excluded from Federal Procurement and Nonprocurement Programs," https: www.sam.gov, if required by U.S. DOT regulations,2 C.F.R.part 1200. (4) It will include,and require each Third-Party Participant to include,a similar provision in each lower tier covered transaction, ensuring that each lower tier Third Party Participant: (a) Complies with federal debarment and suspension requirements,and (b) Reviews the SAM at https://www.sam.gov, if necessary to comply with U.S. DOT regulations, 2 C.F.R.part 1200. (5) If the Subrecipient suspends, debars, or takes any similar action against a Third-Party Participant or individual,the Subrecipient will provide immediate written notice to the: (a) FTA Regional Counsel for the Region in which the Subrecipient is located or implements the Agreement, (b) FTA Headquarters Manager that administers the Grant or Cooperative Agreement,or (c) FTA Chief Counsel. Contract Numbcr:20-HTR-ZL-03243 491002209 Pagc 35 of44 Vcrsion 10 23119 165 A�olicable to A�vards exceedinQ the sim�lifed acauisition threshold(5100.000-see Notel Nole:Applicnble�v{re�i tn�igihle propertv or co�tsb�irction will he ncq«ii-ect Section 15. Preference for United States Products and Services. Except as the Federal Government determines otherwise in writing,the Subrecipient agrees to comply with FTA's EJ.S. domestic preference requirements and follow federal guidance,including: Buy America. The domestic preference procurement requirements of 49 U.S.C. § 5323(j), and FTA regulations, "Buy America Requirements,"49 C.F.R. part 661,to the extent consistent with 49 U.S.C. § 5323(j). Section 39.Disputes,Breaches,Defaults,or Other Litigation. a. FTA Interest. FTA has a vested interest in the settlement of any violation of federal law, regulation, or disagreement involving the Award,the accompanying Agreement, and any Amendments thereto including, but not limited to,a default,breach,major dispute,or litigation,and FTA reserves the right to concur in any settlement or compromise. b. Notification to FTA.1f a current or prospective legal matter that may affect the Federal Government emerges, the Subrecipient must promptly notify the FTA Chief Counsel,or FTA Regional Counsel for the Region in which the Subrecipient is located. (1) The types of legal matters that require notification include,but are not limited to,a major dispute,breach, default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in any fon�m for any reason. (2) Matters that may affect the Federal Government include,but are not limited to,the Federal Government's interests in the Award, the accompanying Underlying Agreement,and any Amendments thereto,or the Federal Government's administration or enforcement of federal laws,regulations,and requirements. (3) If the Subrecipient has credible evidence that a Principal, Official, Employee, Agent, or Third Party Participant of the Subrecipient, or other person has submitted a false claim under the False Claims Act, 31 U.S.C. §3729 et seq.,or has committed a criminal or civil violation of law pertaining to such matters as fraud, conflict of interest, bribery, gratuity, or similar misconduct involving fedcral assistance, the Stibrecipient must promptly notify the U.S. DOT lnspector General, in addition to the FTA Chief Counsel or Regional Counsel for the Region in which the Subrecipient is located. c. Federal lnterest in Recovery. The Eederal Government retains the right to a proportionate share of any proceeds recovered from any third party,based on thc percentage of the federal share for the Agreement. Notwithstanding the preceding sentence,the Subrecipient may return all liquidated damages it receives to its Award Budget for its Agreement rather than return the federal share of those liquidated damages to the Federal Government,provided that the Subrecipient receives FTA's prior written concurrence. d. Enforcement. The Subrecipient must pursue its legal rights and remedies available under any third-party agreement,or any federal,state,or local law or regulation. Apalicable to Awards exceedinQ$100,000 bv Statute From Section 4.Ethics. a. Lobbying Restrictions. The Subrecipient agrees that neither it nor any Third-Party Participant wil) use federal assistance to influence any officer or employee of a federal agency, member of Congress or an employee of a member of Congress,or officer or employee of Congress on matters that involve the Agreement, including any extension or modification,according to the following: (1) Laws,ReguSations,Requirements,and Guidance.This includes: (a) The Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352,as amended, (b) U.S.DOT regulations,"New Restrictions on Lobbying,"49 C.F.R.part 20,to the extent consistent with 31 U.S.C. § 1352,as amended,and (c) Other applicable federal laws, regulations, requirements, and guidance prohibiting the use of federal assistance for any activity concerning legislation or appropriations designed to influence the U.S. Congress or a state legislature,and (2) Exception. If permitted by applicable federal law, regulations, requirements, or guidance, such lobbying activities described above may be undertaken through the Subrecipient's or Subrecipient's proper official channels. Section 26.Environmental Protections Clean Air and Clean Water Other Environmental Federal Laws. The Subrecipient agrees to comply or facilitate compliance and assures that its Third Party Participants will comply or facilitate compliance with all applicable federal laws, regulations,and requirements,and will follow applicable guidance, including, but not limited to,the Clean Air Act,Clean Water Act,Wild and Scenic Rivers Act of 1968,Coastal Zone Management Act of 1972, the Endangered Species Act of 1973,Magnuson Stevens Fishery Conservation and Management Act, Contracf Numbcr:20-NTR-ZL-03243 491002209 Pagc 36 of44 Vcrsion ]0 23/19 166 Resource Conservation and Recovery Act,Comprehensive Environmental Response, Compensation,and Liability Act,Executive Order No. 11990 relating to"Protection of Wetlands,"and Executive Order Nos. 11988 and 13690 relating to"Floodplain Management.") Applicable with the Transfer of Propertv or Persons Section 15.Preference for United States Products and Services. Except as the Federal Govemment determines otherwise in writing,the Subrecipient agrees to comply with FTA's U.S.domestic preference requirements and follow federal guidance,including: a. Buy America. The domestic preference procurement requirements of 49 U.S.C. § 5323(j), and FTA regulations, "Buy America Requirements," 49 C.F.R. part 661, to the extent consistent with 49 U.S.C. § 5323(j), b. Cargo Preference. Preference Use of United States-Flag Vessels. The shipping requirements of 46 U.S.C. §55305,and U.S.Maritime Administration regulations,"Cargo Preference—U.S.-Flag Vessels,"46 C.F.R. part 381,and c. Fly America. The air transportation requirements of Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974, as amended, 49 U.S.C. § 40118, and U.S. General Services Administration(U.S. GSA)regulations, "Use of United States Flag Air Carriers,"41 C.F.R. §§ 301-10.131 301-10.143. Analicable to Construction Activities Section 24. Employee Protections. a. Awards Involving Construction.The Subrecipient agrees to comply and assures that each Third-Party Participant will comply with all federal laws,regulations,and requirements providing protections for construction employees involved in each Project or related activities with federal assistance provided through the Agreement, including the: (1) Prevailing Wage Requirements of: (a) Federal transit laws,specifically 49 U.S.C. § 5333(a),(FTA's"Davis-Bacon Related Act"), (b) The Davis-Bacon Act,40 U.S.C. §§ 3141 —3144,3146,and 3147,and (c) U.S. DOL regulations, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act),"29 C.F.R.part 5. (2) Wage and Hour Requirements of: (a) Section 102 of the Contract Work Hours and Safety Standards Act, as amended,40 U.S.C. § 3702, and other relevant parts of that Act,40 U.S.C. § 3701 et seq.,an (b) U.S. DOL regulations, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstn�ction Contracts Subject to the Contract Work Hours and Safety Standards Act),"29 C.F.R.part 5. (3) "Anti-Kickback"Prohibitions of: (a) Section 1 of the Copeland"Anti-Kickback"Act,as amended, 18 U.S.C. § 874, (b) Section 2 of the Copeland"Anti-Kickback"Act,as amended,40 U.S.C. § 3145,and (c) U.S.DOL regulations,"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States,"29 C.F.R.part 3. (4) Constniction Site Safety of: (a) Section 107 of the Contract Work Hours and Safety Standards Act,as amended,40 U.S.C. §3704,and other relevant parts of that Act,40 U.S.C. § 3701 et seq.,and (b) U.S. DOL regulations, "Recording and Reporting Occupational Injuries and Illnesses,"29 C.F.R.part 1904; "Occupational Safety and Health Standards," 29 C.F.R. part 1910; and "Safety and Health Regulations for Constniction,"29 C.F.R.part 1926. From Section 16 b. Bonding.The Subrecipient agrees to comply with the following bonding requirements and restrictions as provided • in federal regulations and guidance: 1 Construction. As provided in federal regulations and modified by FTA guidance,for each Project or related activities implementing the Agreement that involve constniction,it will provide bid guarantee bonds,contract performance bonds,and payment bonds. 2 Activities Not Involving Construction.For each Project or related activities implementing the Agreement not involving construction,the Subrecipient will not impose excessive bonding and will follow FTA guidance. Contract Numbcr:20-HTR-ZL-03243 491002209 Yagc 37 of 44 Vcrsion 10 23 19 167 From Section 23 c. Seismic Safety. The Subrecipient agrees to comply with the Earthquake Hazards Reduction Act of 1977, as amended,42 U.S.C. � 7701 et seq., and U.S. DOT regulations, "Seismic Safety,"49 C.F.R. part 41,specifically, 49 C.F.R. �41.1 17. Section 12 Civil Rights D3 d. Ec�ual Emplovment O�porhmitv Reauirements for Construction Activities. Comply, when undertaking "constniction"as recognized by the U.S. Department of Labor(U.S.DOL),with: a, U.S. DOL regulations,"Office of Federal Contract Compliance Programs,Equal Employment Opportunity, Department of Labor,"41 C.F.R. chapter 60,and b. Executive Order No. 11246,"Equal Employment Opportunity in Federal Employment,"September 24,1965, 42 U.S.C. § 2000e note, as amended by any later Exec�itive Order that amends or supersedes it, referenced in 42 U.S.C. �2000e note. Aaalicable to Nonconstruction Activities From Section 24. Employee Protections a. Awards Not lnvolving Construction. The Subrecipient agrees to comply and assures that each Third Party Participant will comply with all federal laws, regulations,and requirements providing wage and hour protections for nonconstniction employees, including Section ]02 of the Contract Work Hours and Safety Standards Act,as amended, 40 U.S.C. § 3702, and other relevant parts of that Act, 40 U.S.C. � 3701 et seq., and U.S. DOL regulations, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act),"29 C.F.R.part 5. Aanlicable to Transit Oaerations a. Public Transporlation Employee Protective Arrangements. As a condition of award of federal assistance appropriated or made available for FTA programs involving public transportation operations, the Subrecipient agrees to comply and assures that each Third-Party Participant will comply with the following employee protective arrangements of 49 U.S.C. �5333(b): (1) U.S.DOL Certification.When its Awarded,the accompanying Agreement,or any Amendments thereto involve public transportation operations and are supported with federal assistance appropriated or made availablc for 49 U.S.C. ��5307—5312,5316,5318,5323(a)(1),5323(b),5323(d),5328,5337,5338(b), or 5339,or former 49 U.S.C. �� 5308,5309,5312,or other provisions of law as required by the Federal Government, U.S. DOL must provide a certification of employee protective arrangements before FTA may provide federal assistance for that Award. The Subrecipient agrees that the certification issued by U.S. DOL is a condition of the Agreement and that the Subrecipient must comply with its terms and conditions. (2) Special Warranty. When its Agreement involves public transportation operations and is supported with federal assistance appropriated or made available for 49 U.S.C. §5311,U.S.DOL will provide a Special Warranty for its Award,including its Award of federal assistance under the Tribal Transit Program.The Subrecipient agrees that its U.S. DOL Special Warranty is a condition of the Agreement and the Subrecipient must comply with its terms and conditions. (3) Special Arrangements for Agreements for Federal Assistance Authorized under 49 U.S.C. � 5310. The Subrecipient agrees, and assures that any Third Party Participant providing public transportation operations will agree,that although pursuant to 49 U.S.C.� 5310,and former 49 U.S.C.��5310 or 5317, FTA has determined thal it was not"necessary or appropriate" to apply the conditions of 49 U.S.C. § 5333(b) to any Subagreement participating in the program to provide public transportation for seniors (elderly individuals) and individuals with disabilities, FTA reserves the right to make case-by- case determinations of the applicability of 49 U.S.C. § 5333(b) for all transfers of fiinding authorized under title 23,United States Code(flex fiinds),and make other exceptions as it deems appropriate. Section 28. Charter Service. a. Prohibitions. The Recipient agrees that neither it nor any Third-Party Participant involved in the Award will engage in charter service, except as pennitted under federal transit laws, specifically 49 U.S.C. § 5323(d),(g), and(r), FTA regulations, "Charter Service,"49 C.F.R. part 604, any other Federal Charter Service regulations, federal requirements.or federal guidance. b. Exceptions. Apart from exceptions to the Charter Service restrictions in FTA's Charter Service regulations,FTA has established the following additional exceptions to those restrictions: Contract Numbcr:?0-HTR-ZL 03243 491002209 Pagc 38 of 44 Vcrsion 10 23/19 168 (1) FTA's Charter Service restrictions do not apply to equipment or facilities supported with federal assistance appropriated or made available for 49 U.S.C.§ 5307 to support a Job Access and Reverse Commute(JARC)- type Project or related activities that would have been eligible for assistance under repealed 49 U.S.C. §5316 in effect in Fiscal Year 2012 or a previous fiscal year, provided that the Subrecipient uses that federal assistance for FTA program purposes only,and (2) FTA's Charter Service restrictions do not apply to equipment or facilities supported with the federal assistance appropriated or made available for 49 U.S.C. § 5310 to support a New Freedom-type Project or related activities that would have been eligible for federal assistance under repealed 49 U.S.C. § 5317 in effect in Fiscal Year 2012 or a previous fiscal year,provided the Subrecipient uses that federal assistance for program purposes only. c. Violations. 1f it or any Third Party Participant engages in a pattern of violations of FTA's Charter Service regulations, FTA may require corrective measures and remedies, including withholding an amount of federal assistance as provided in FTA's Charter Service regulations,49 C.F.R.part 604,appendix D,or barring it or the Third Party Participant from receiving federal assistance provided in 49 U.S.C.chapter 53, 23 U.S.C. § 133, or 23 U.S.C. § 142. Section 29. School Bus Operations. a. Prohibitions. The Subrecipient agrees that neither it nor any Third Party Participant that is participating in its Award will engage in school bus operations exclusively for the transportation of students or school personnel in competition with private school bus operators,except as permitted by federal transit laws,49 U.S.C. § 5323(f)or (g),FTA regulations,"School Bus Operations,"49 C.F.R.part 605,and any other applicable federal"School Bus Operations"laws,regulations,federal requirements,or applicable federa] guidance. b. Violations.If a Subrecipient or any Third-Party Participant has operated school bus service in violation of FTA's School Bus laws,regulations, or requirements, FTA may require the Subrecipient or Third Party Participant to take such remedial measures as FTA considers appropriate, or bar the Subrecipient or Third Party Participant from receiving federal transit assistance. From Section 35 Substance Abuse c.Alcohol Misuse and Prohibited Drug Use. (1) Requirements.The Subrecipient agrees to comply and assures that its Third-Party Participants will comply with: (a) Federal transit laws,specifically 49 U.S.C. § 5331, (b) FTA regulations, "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations,"49 C.F.R.part 655,and (c) Applicable provisions of U.S. DOT regulations, "Procedures for Transportation Workplace Drug and Alcohol Testing Programs,"49 C.F.R.part 40. (2) Remedies for Non-Compliance. The Subrecipient agrees that if FTA detern�ines that the Subrecipient or a Third-Party Participant receiving federal assistance under 49 U.S.C.chapter 53 is not in compliance with 49 C.F.R. part 655,the Federal Transit Administrator may bar that Subrecipient or Third Party Participant from receiving all or a portion of the federal transit assistance for public transportation it would otherwise receive. Aaalicable to Plannine,Research,Develoament,and Documentation Proiects Section 17.Patent Rights. a. General. The Subrecipient agrees that: (I) Depending on the nature of the Agreement, the Federal Government may acquire patent rights when the Subrecipient or Third-Party Participant produces a patented or patentable invention, improvement, or discovery; (2) The Federal Govemment's rights arise when the patent or patentable information is conceived or reduced to practice with federal assistance provided through the Agreement;or (3) When a patent is issued or patented information becomes available as described in the preceding section 17.a.(2)of this Master Agreement(FTA MA(23)),the Subrecipient will notify FTA immediately and provide a detailed report satisfactory to FTA. b. Federal Rights. The Subrecipient agrees that: (1) Its rights and responsibilities,and each Third-Party Participant's rights and responsibilities,in that federally assisted invention, improvement, or discovery will be determined as provided in applicable federal laws, regulations, requirements,and guidance, including any waiver thereof,and (2) Unless the Federal Govemment determines otherwise in writing,irrespective of its status or the status of any Third Party Participant as a large business, small business, state government, state instrumentality, local government, lndian tribe, nonprofit organization, institution of higher education, or individual, the Contract Numbcr:20-HTR-ZL-03243 491002209 Pagc 39 of 44 Vcrsion 10 23 19 169 Subrecipient will transmit the Federal Government's patent rights to FTA,as specified in 35 U.S.C. S 200 et seq.,and U.S.Department of Commerce regulations,"Rigl�ts to Inventions Made by Nonprofit Organizations and Small Business Finns Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. part 401. c. License Fees and Royalties. Consistent with the applicable U.S. DOT Common Rules, the Subrecipient agrees that license fees and royalties for patents, patent applications, and inventions produced with federal assistance provided through tl�e Agreement are program income and mt�st be used in compliance with applicable federal requirements. Section 18.Rights in Data and Copyrights. a. Definition of"Subject Data."As used in this section, "subject data" means recorded information whether or not copyrighted,and that is delivered or specified to be delivered as required by the Agreement. Examples of"subject data" include, but are not limited to computer software, standards, specifications, engineering drawings and associated lists,process sheets,manuals,technical reports, catalog item identifications, and related inf'ormation, but do not include financial reports, cost analyses, or other similar information used for performance or administration of the Agreement. b. General Federal Restrictions.The following restrictions apply to all subject data first produced in the perfonnance of the Agreement: (I) Prohibitions. The Subrecipient may not publish or reproduce any subject data, in whole, in part, or in any manner or form,or permit others to do so. (2) Exceptions.Thc prohibitions do not apply to publications or rcproductions for the SubrecipienYs own internal use, an institution of higher learning,the portion of subject data that the Federal Government has previously released or approved for release to tl�e pttblic,or tl�e portion of data that has the Federal Government's prior written consent for release. c. Federal Rights in Data and Copyrigl�ts.The Subrecipient agrees that: (1) General. It must provide a license to its "subject data" to the Fcderal Government that is royalty-free, non- exclusive, and irrevocablc. The Federal Government's license must permit the Federal Government to reproduce,publish, or otherwise use the subject data or permit other entities or individuals to use the subject data provided those actions are taken for Federal Government purposes,and (2) U.S. DOT Public Access Plan--Copyrigl�t License.The Subrecipient grants to U.S.DOT a worldwide,non- exclusive, non-transferable, paid-up, royalty-free copyrigl�t license, including all rights under copyright, to any and all Publications and Digital Data Sets as such terms are defined in the U.S.DOT Public Access plan, restilting from scicntific research fi�nded either fiilly or partially by this fi►nding agreement.Tl�e St�brecipient herein acknowledges that the above copyright license grant is first in time to any and all other grants of a copyright license to such Publicalions andlor Digital Data Sets, and that U.S. DOT shall have priority over any other claim of exclusive copyright to the same. d. Special Federal Rights in Data for Research, Development, Demonstration, Deployment, Technical Assistance, and Special Stttdies Programs. In general, FTA's purpose in providing federal assistance for a research, development, demonstration, deployment, technical assistance, or special studies program is to increase transportation knowledge, ratl�er than limit the benefits of the Award to tl�e Subrecipient and its Tl�ird-Party Participants.Therefore, tl�e Subrecipient agrees that: (I) Pttblicly Available Report. When an Award providing federal assistance for any of the programs described above is completed, it must provide a report of the Agreement that FTA may publish or make available for publication on the Internet. (2) Other Reports.It must providc other reports related to the Award that FTA may request. (3) Availability of Subject Data. FTA may make available its copyright license to the subject data, and a copy of the subject data lo any FTA Recipient or any Third-Party Participant at any tier, except as the Federal Government determines otherwise in writing. (4) Identification of Information. It mttst identify clearly any specific confidential, privileged, or proprietary information submitted to FTA. (5) Incomplete. If the Award is not completed for any reason whatsoever, all data developed with federal assistance for the Award becomes "subject data" and must be delivered as the Federal Government may direct. (6) Exception. This section does not apply to an adaptation of any automatic data processing eqttipment or program that is both for the Subrecipient's use and acqttired with FTA capital program assistance. e, License Fees and Royalties. Consistent with the applicable U.S. DOT Common Rules, the Subrecipient agrees tl�at license fees and royalties for patents, patent applications, and inventions produced with federal assistance provided throttgh the Agreement are program income and must be used in compliance with federal applicable requirements. Contract Numbcr:20-HTR-ZL-03243 491002209 Pagc 40 of 44 Vcrsion 10I23I19 170 f. Hold Harmless. Upon request by the Federal Government,the Subrecipient agrees that if it intentionally violates any proprietary rights,copyrights,or right of privacy,and if its violation under the preceding section occurs from any of the publication,translation,reproduction,delivery,use or disposition of subj ect data,then it will indemnify, save,and hold harmless against any liability,including costs and expenses of the Federal Govemment's officers, employees, and agents acting within the scope of their official duties. The Subrecipient will not be required to indemnify the Federal Government for any liability described in the preceding sentence, if the violation is caused by the wrongfi�l acts of federal officers, employees or agents, or if indemnification is prohibited or limited by applicable state law. g. Restrictions on Access to Patent Rights. Nothing in this section of this Master Agreement (FTA MA(23)) pertaining to rights in data either implies a license to the Federal Govemment under any patent, or may be constnied to affect the scope of any license or other right otherwise granted to the Federal Government itnder any patent. h. Data Developed Withottt Federal Assistance or Support.The Subrecipient agrees that in certain circumstances it may need to provide to FTA data developed without any federal assistance or support.Nevertheless,this section generally does not apply to data developed without federal assistance,even though that data may have been used in connection with the Award. The Subrecipient agrees that the Federal Govemment will not be able to protect data developed without federal assistance from unauthorized disclosure unless that data is clearly marked "Proprietary,"or"Confidential." i. Requirements to Release Data. The Subrecipient ttnderstands and agrees that the Federal Government may be required to release data and information the Subrecipient submits to the Federal Government as required under: (1). The Freedom of Information Act(FOIA),5 U.S.C. � 552, (2) The U.S. DOT Common Rules, (3) U.S. DOT Public Access Plan, which provides that the Subrecipient agrees to satisfy the reporting and compliance requirements as set forth in the U.S. DOT Public Access plan, including,but not limited to, the submission and approval of a Data Management Plan, the use of Open Researcher and Contributor ID (ORCID)mimbers,the creation and maintenance of a Research Project record in the Transportation Research Board's(TRB)Research in Progress(RiP)database,and the timely and complete submission of all required publications and associated digital data sets as such terms are defined in the DOT Public Access plan. Additional information about how to comply with the requirements can be found at: http: ntl.bts.gov publicaccess/ho�vtocomply.html, or (4) Other federal laws, regulations, requirements, and guidance concerning access to records pertaining to the Award,the accompanying Agreement, and any Amendments thereto. l�tiscellaneous Special Re�uirements From Section 12. Civil Rights. a. Disadvantaged Business Enterprise(and Prompt Payment and Return of Retainage).To the extent authorized by applicable federal laws,regulations,or requirements, the Subrecipient agrees to facilitate, and assures that each Third-Party Participant will facilitate,participation by small business concerns owned and controlled by socially and economically disadvantaged individuals, also referred to as"Disadvantaged Business Enterprises"(DBEs), in the Agreement as follows: (1) Statutory and Regulatory Requirements.The Subrecipient agrees to comply with: (a) Section 1101(b)of the FAST Act,23 U.S.C. § 101 note, (b) U.S. DOT regulations, "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs,"49 C.F.R. part 26, and (c) Federal transit law, specifically 49 U.S.C. § 5332, as provided in section 12 of this Master Agreement (FTA MA(23)). (2) DBE Program Requirements. A Subrecipient that receives planning,capital and/or operating assistance and that will award prime third-party contracts exceeding$250,000 the requirements of 49 C.F.R.part 26. (3) Special Requirements for a Transit Vehicle Manufacturer(TVM). The Subrecipient agrees that: (a) TVM Certification. Each TVM, as a condition of being authorized to bid or propose on FTA-assisted transit vehicle procurements,must certify that it has complied with the requirements of 49 C.F.R. part 26,and (b) Reporting TVM Awards.Within 30 days of any third-party contract award for a vehicle purchase,the Subrecipient must submit to FTA the name of the TVM contractor and the total dollar value of the third party contract, and notify FTA that this information has been attached to FTA's electronic award management system.The Subrecipient must also submit additional notifications if options are exercised in subsequent years to ensure that the TVM is still in good standing. (4) Assurance.As required by 49 C.F.R. §26.13(a): (a) Recipient Assurance.The Subrecipient agrees and assures that: Contract Numbcr:20-HTR-ZL-03243 491002209 Pagc 41 of 44 Vcrsion ]0 23 19 171 1 It must not discriminate on the basis of race, color, national origin, or sex in the award and performance ofany FTA or U.S.DOT-assisted contract,or in the administration of its DBE program or the requirements of 49 C.F.R.part 26, 2 It must take all necessary and reasonable steps under 49 C.F.R.part 26 to ensure nondiscrimination in the award and administration of U.S. DOT assisted contracts, 3 Its DBE program,as reqtiired under 49 C.F.R.part 26 and as approved by U.S.DOT,is incorporated by reference and made part of the Underlying Agreement,and 4 Implementation of its DBE program approved by U.S.DOT is a legal obligation and failure to carry out its tenns shall be treated as a violation of the Master Agreement(FTA MA(23)). (b) Subrecipient/Third Party ContractorlThird Party Subcontractor Assurance.The Subrecipient agrees and assures that it will include the following assurance in each subagreement and third-party contract it signs with a Subrecipient or Third-Party Contractor and agrees to obtain the agreement of each of its Subrecipients, Third Party Contractors, and Third Party Subcontractors to include the following assurance in every subagreement and third party contract it signs: 1 The Subrecipient, each Third-Party Contractor, and each Third-Party Subcontractor must not discriminate on the basis of race,color,national origin,or sex in the award and performance of any FTA or U.S. DOT-assisted subagreement, third party contract, and third party subcontract, as applicable,and the administration of its DBE program or the requirements of 49 C,F.R.part 26, 2 The Subrecipient, each Third-Party Contractor, and each Third-Party Subcontractor must take all necessary and reasonable steps under 49 C.F.R. parl 26 to ensure nondiscriminalion in lhe award . and administration of U.S. DOT-assisted subagreements, third party contracts, and third party subcontracts,as applicable, 3 Failure by the Subrecipient and any of its Third Party Contractors or Third Party Subcontractors to carry out the requirements of subparagraph 12.e(4)(b)(of FTA MA(23))is a material breach of their subagreement,third party contract,or third party subcontract,as applicable,and 4 The following remedies,or such other remedy as the Subrecipient deems appropriale, include, but are not limited to,wilhholding monthly progress payments;assessing sanctions;liquidated damages; and/or disqtialifying the Subrecipient, Third Party Conlractor, or Third-Party Subcontractor from fi�ture bidding as non-responsible. (5) Remedies.Upon notification to the Subrecipient of its failure to carry out its approved program,FTA or U.S. DOT may impose sanctions as provided for under 49 C.F.R. part 26, and, in appropriate cases, refer the matter for enforcemenl under either or both 18 U.S.C. ,��' 1001,and or the Program Fraud Civil Remedies Act of 1986,31 U.S.C. `3801 el seq. From Section 12. Civil Rights. b. Nondiscrimination on the Basis of Disability. The Subrecipient agrees to comply with the following federal prohibitions against discrimination on the basis of disability: (1) Federal laws,including: (a) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. ,��' 794, which prohibits discrimination on the basis of disability in the administration of federally assisted Programs, Projects,or activities, (b) The Americans with Disabilities Act of 1990(ADA), as amended,42 U.S.C. § 12101 et seq.,which reqtiires that accessible facilities and services be made available to individtials with disabilities: 1 For FTA Recipients generally,Titles 1,lI,and IIl of the ADA apply,btit 2 For Indian Tribes,Titles Il and III of the ADA apply, but Title 1 of the ADA does not apply because it exempls Indian Tribes from the definition of"employer," (c) The Architectural Barricrs Act of 1968, as amended,42 U.S.C. §4151 et seq., which requires that buildings and public accommodations be accessible to individuals with disabilities, (d) Federal transit law, specifically 49 U.S.C. § 5332, which now includes disability as a prohibited basis for discrimination,and (e) Other applicable federal laws, regulations, and requirements pertaining to access for seniors or individuals with disabilities. (2) Federal regulations and guidance, including: (a) U.S.DOT regulations,"Transportation Services for Individuals with Disabilities(ADA),"49 C.F.R. part 37, (b) U.S. DOT regulations, "Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting from Federal F�nancial Assistance,"49 C.F.R.part 27, (c) Joint U.S. Architecttiral and Transportation Barriers Compliance Board (U.S. ATBCB) and U.S. DOT regulations, "Americans With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles,"36 C.F.R.part 1192 and 49 C.F.R.part 38, Contract Numbcr:20-HTR-ZL-03243 491002209 Pagc 42 of 44 Vcrsion ]0 23 19 172 (d) U.S. DOT regulations, "Transportation for Individuals with Disabilities: Passenger Vessels," 49 C.F.R.part 39, (e) U.S.DO]regulations,"Nondiscrimination on the Basis of Disability in State and Local Government Services,"28 C.F.R.part 35, (fl U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities,"28 C.F.R.part 36, (g) U.S. EEOC, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,"29 C.F.R.part 1630, (h) U.S.Federal Communications Commission regulations, "Telecommunications Relay Services and Related CustomerPremises Equipment for Persons with Disabilities,"47 C.F.R.part 64,Subpart F, (i) U.S. ATBCB regulations, "Electronic and Information Technology Accessibility Standards," 36 C.F.R.part 1194, (j) FTA regulations,"Transportation for Elderly and Handicapped Persons,"49 C.F.R. part 609, (k) FTA Circular 4710.1,"Americans with Disabilities Act: Guidance,"and (1) Other applicable federal civil rights and nondiscrimination regulations and guidance. Section 16.Procurement.For Assignability a. Federal Laws,Regulations,Requirements,and Guidance.The Subrecipient agrees: (1 To comply with the requirements of 49 U.S.C. chapter 53 and other applicable federal laws,regulations,and requirements in effect now or later that affect its third-party procurements, (2) To comply with the applicable U.S.DOT Common Rules, and (3) To follow the most recent edition and any revisions of FTA Circular 4220.1, "Third Party Contracting Guidance,"to the extent consistent with applicable federal laws,regulations,requirements,and guidance. State Renuirements Section 37.Special Notification Requirements for States. a. Types of Infonnation. To the extent required under federal law, the State, agrees to provide the following information about federal assistance awarded for its State Program,Project,or related activities: (1) The Identification of FTA as the federal agency providing the federal assistance for a State Program or Project, (2) The Catalog of Federal Domestic Assistance Number of the program from which the federal assistance for a State Program or Project is authorized,and (3) The amount of federal assistance FTA has provided for a State Program or Project. b. Documents.The State agrees to provide the information required under this provision in the following documents: (1)applications for federal assistance,(2)requests for proposals,or solicitations,(3)forms,(4)notifications,(5) press releases,and(6)other publications.. Contract Numbcr:20-HTR-ZL-03243 491002209 Pagc 43 of44 Vcrsion l0 23i19 173 EXHIBIT E, VERIFICATION OF PAYMENT This checklist is to assist the Subrecipient in preparation of its billing packets to State.This checklist is provided as guidance and is subject to change by State. State shall provide notice of any such changes to Subrecipient. All items may not apply to your particular entity. State's goal is to reimburse Subrecipients as quickly as possible and a well organized and complete billing packet helps to expedite payment. ❑ Verification of Payment-- ✓ General Ledger Report must have the following: • Identify check number or EFT number; • If no check mimber is available, submit Accounts Payable Distribution report with the General Ledger; • In-Kind(must be pre-approved by State)and/or cash match; • Date of the report; • Accounting period; • Current period transactions; and • Account coding for all incurred expendrtures. ✓ If��o General Ledger Report,all of the folloa-ing are acceptable: • copies of checks; • check registers; and • paycheck sh�b showing payment number, the amount paid, the check number or electronic fi►nds transfer(EFT),and the date paid. ✓ State needs to ensure that expenditures incurred by the local agencies have been paid by Parly be ore State is invoiced by Party. ✓ Payment amounts should match the amount requested on the reimbursement. Additional explanation and documentation is rcquircd for any variances. ❑ In-Kind or Cash Match —If an entity �vishes to use these types of match, they must be approved by State prior to any Work taking place. ✓ If in-kind or cash match is being used for the Local Match, the in-kind or cash match portion of the project must be included in the project application and the statement of work attached to the Agreement or purchase ordec FTA does not require pre-approval of in-kind or cash match,but State does. ✓ General ledger must also show the in-kind and/or cash match. ❑ Indirect costs—If an entity wishes to use indirect costs,the rate must be approved by State prior to applying it to the reimbursements. ✓ If indirect costs are being requested, an approved indirect letter from State or your cognizant agency for indirect costs, as dcfincd in 2 CCR §200. 19, must be provided.The lettcr must state what indirect costs arc allowcd, the approved rate and the time period f'or the approval. The indirect cost plan must be reconciled annually and an updated letter submitted each year thereafter. ❑ Fringe Bene�ts- Considered part of the Indirect Cost Rate and must be reviewed and approved prior to including these costs in the reimbursements. ✓ Submit an approval letter from the cognizant agency for indirect costs,as defined in 2 CCR §200. 19, that verifies fringe benefit,or ✓ Submit the following fringe benefit rate proposal package to State Audit Division: • Copy of Financial Statement; • Personnel Cost Worksheet; • State of Employee Benefits; and • Cost Policy Statement. Contract Numbcr.20-HTR-ZL-03243 491002209 Pagc 44 of 44 Vcrsion 10l23/19 174 I PROCEDURE FOR PUBLIC HEARING Applicable items include: Rate Hearings, Code Adoption, Budget Adoption 1. MAYOR. The next order of business will be the public hearing on ACTION ITEM 2. AMENDED WATER RATE SHEET FOR PARK ENTRANCE MUTUAL PIPELINE WATER COMPANY LOAN REPAYMENT. At this hearing, the Board of Trustees shall consider the information presented during the public hearing, from the Town staff, public comment, and written comments received on the application. Any member of the Board may ask questions at any stage of the public hearing which may be responded to at that time. Mayor declares the Public Hearing open. 2. STAFF REPORT. Review the staff report. 3. PUBLIC COMMENT. Any person will be given an opportunity to address the Board concerning the Ordinance. All individuals must state their name and address for the record. Comments from the public are requested to be limited to three minutes per person. 4. MAYOR. Ask the Town Clerk whether any communications have been received in regard to the item which are not in the Board packet. Ask the Board of Trustees if there are any further questions concerning the item. Indicate that all reports, statements, exhibits, and written communications presented will be accepted as part of the record. Declare the public hearing closed. Request Board consider a motion. 5. BOARD DISCUSSION. Discussion by the Board. ss 175 6. SUGGESTED MOTION. Suggested motion(s) are set forth in the staff report. 7. DISCUSSION ON THE MOTION. Discussion by the Board on the motion. 8. VOTE ON THE MOTION. Vote on the motion or consideration of another action. 26 176 i T�V�N o� ESTES PARr Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Utilities Director Bergsten, Water Superintendent Eshelman Project Manager Swoboda, Finance Director Hudson Town Attorney Kramer Date: June 9, 2020 RE: Ordinance 09-20 Amended Water Rate Sheet for Park Entrance Mutual Pipeline Water Company Loan Repayment (Mark all that apply) ❑ PUBLIC HEARING X ORDINANCE ❑ LAND USE ❑ CONTRACT/AGREEMENT ❑ RESOLUTION ❑ OTHER QUASI-JUDICIAL ❑ YES � NO Obiective: To maintain a sustainable financial condition by setting a new water rate class for repayment of the Park Entrance Mutual Pipeline and Water Company (PEMPWCo) distribution system reconstruction loan. Present Situation: To improve the quality, reliability, and efficiency of delivering drinking water to our citizens, the Town Board entered into a Voluntary Water System Transfer agreement with PEMPWCo. Their water distribution system was in disrepair and its replacement had to be funded by their customers as a condition of the transfer. The Town applied for USDA funding to finance the construction project. The USDA provided a generous grant and loan. Their water distribution system has been replaced. This new rate class will be applied to the properties of the former PEMPWCo customers. The closeout of the USDA loan will require a separate ordinance which includes a loan payment schedule. The rate will be set to ensure loan payments can be made. Proposal: The staff proposes approval of the amended water rate schedule. 28 177 Advantaqes: • Existing Town water customers will not subsidize the reconstruction of a private water company's system. Disadvantaqes: None Action Recommended: Staff recommends approving the amended Water Rate sheet/schedule. Finance/Resource Impact: None. The revenues from these customers will offset the loan payments. Level of Public Interest Low Sample Motion: This will be on the consent agenda. Should it be removed the following sample motion could be used. I move to approve/deny the amended water rate sheet. Attachments: Ordinance 09-20 Amended Rate sheet Map of Rate Class Boundary ae 178 ORDINANCE NO. 09-20 AN ORDINANCE AMENDING THE WATER RATE SCHEDULES OF THE TOWN OF ESTES PARK WATER ACTIVITY ENTERPRISE WHEREAS, the Town of Estes Park, through its Water Activity Enterprise, owns and operates its municipal water system; and WHEREAS, adjustment to the water rate schedule is adapted to include a new Park Entrance Mutual Pipeline and Water Company (PEMPWCo) user class which will be used to generate the USDA loan payments; and WHEREAS, the Town Board desires to adopt the new PEMPWCo user class and associated charge attached hereto as Exhibit A and incorporated herein by reference. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: Section 1: Section 1: In this ordinance, ellipses indicate material not reproduced as the Board intends to leave that material in effect as it now reads. Section 2: Section 13.32.010 of the Estes Park Municipal Code is hereby amended by the addition of underlined material, to read as follows: 13.32.010 - Water rate schedule. (b) Rates. The rates for water service to all customers on the Town's water system areas more fully set forth on the Town's water rate schedule on file in the office of the Utilities Director. (2) Surcharqes for repavment of USDA loans. The Town has consented to serve water to certain areas of the Estes Vallev based on the provision of loans bv the United States Department of Aqriculture for the construction of infrastructure to serve the areas, and the repavment of the debt service on the loans bv the customers in the areas. Accordinqly, water rates for the followinq areas shall be supplemented bv the followinq monthlv surcharqes: (I) Park Entrance. a' 179 a. Customers of properties described in Exhibit 1 of this section shall pav a monthlv surcharae of $115.89 as a part of their monthlv water bill. Owners of such properties shall pav the monthlv surcharqe reqardless of whether thev actuallv receive water service for that month. b. A propertv mav be removed from this monthlv pavment obliqation bv the pavment to the Town of a lump sum calculated bv the Finance Director to cover the remaininq obliqations attributable to the propertv over the life of the applicable USDA loan. This shall be determined on the basis of the applicable $36,555.56 principle qer propertv, the 2.25% interest rate, and the 40-vear term amortized on a standard schedule. Upon pavment of the lump sum, and written confirmation bv the Finance Director of such pavment, customers of such propertv shall no lonqer be required to pav the surcharqe. No pavment of a lesser amount shall be effective to decrease the surcharqe. c. This surcharqe shall become effective upon the certification bv the Finance Director that the applicable USDA loan has closed and the Town is readv to beqin collectinq funds to service the loan. �d. This surcharae shall be in effect throuah the vear 2060, after which it shall be expired. Section 3: The Estes Park Municipal Code is hereby amended by the addition of Exhibit 1 of Exhibit A of this ordinance as Exhibit 1 of section 13.32.010. Section 4: The new Water Rate Schedule set forth on Exhibit A is hereby adopted and shall amend and replace the existing Water Rate Schedule in section 13.32.010(b)(1) of the Municipal Code. Section 5: This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park, Colorado this day of , 20XX. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk ae 180 I hereby certify that the above Ordinance was introduced at a regular meeting of the Board of Trustees on the day of , 2020 and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of , 2020, all as required by the Statutes of the State of Colorado. Town Clerk APPROVED AS TO FORM: � Town Attorney 29 181 Revised May 2020 Exhibit A -Town of Estes Park, CO �/ater Rate Schedule 2020-2022 TO CALCULATE YOUR MONTHLY WATER BILL: Follow the formulas below using the charts for Base Fee and Volume Charge Residential: Base Fee + ( [ (Gallons Used divided by 1,000) - 2] x Volume Charge) = Monthly Water Bill Non-Residential: Base Fee + [ (Gallons Used divided by 1,000) x Volume Charge] = Monthly Water Bill RESIDENTIAL BASE FEE, Includes the first 2,000 allons per billin period 2020 2021 2022 Residential �ustomers Urban Rural Urban Rural Urban Rural $42.33 $65.61 $44.44 $66.67 $46.67 $67.67 �Park Entrance Mutual Pipeline and Water Company Loan Repayment Surcharge � � Monthly � $115.89 �Part of the Monthly Water Bill In addition to the Residential Base Fee and Volume Charge Applies to properties described in Exhibit 1 �Prospect Mountain Water Companv Loan Repavment - Ordinance To Be Determined � MOnthly � TBD � Estimated to be $150/month in addition to the Monthly Water Bill NON-RESIDENTIAL BASE FEE BY METER SIZE 2020 2021 2022 METER SIZE Urban Rural Urban Rural Urban Rural � 5/8" $36.47 $58.35 $40.84 $65.35 $44.93 $71.88 � 3/4" $36.47 $58.35 $40.84 $65.35 $44.93 $71.88 � 1" $60.89 $97.43 $68.20 $109.12 $75.02 $120.04 � 1-1/2" $121.42 $194.27 $135.99 $217.58 $149.59 $239.34 � 2" $194.34 $310.95 $217.66 $348.26 $239.43 $383.09 � 3" $364.64 $583.42 $408.40 $653.43 $449.23 $718.78 � 4" $607.85 $972.55 $680.79 $1,089.26 $748.87 $1,198.19 � 6" $837.16 $1,339.45 $937.61 $1,500.18 $1,031.38 $1,650.20 � 8" $1,944.61 $3,111.38 $2,177.96 $3,484.74 $2,395.76 $3,833.22 � 10" $2,795.68 $4,473.08 $3,131.16 $5,009.85 $3,444.27 $5,510.84 Volume Char e B Rate Class Per 1000 Gallons 2020 2021 2022 Rate Class Urban Rural Urban Rural Urban Rural Residential $6.58 $10.20 $6.91 $10.37 $7.26 $10.53 Non-Residential $5.51 $8.82 $5.62 $8.99 $5.73 $9.17 Pumped Flow $9.21 $14.74 $9.67 $15.48 $10.16 $16.26 Bulk Water $6.31 $12.19 $6.75 $13.04 $7.09 $13.69 Water Dispenser $8.98 $9.54 $10.01 ao 182 Exhibit 1 Lot 24 Lot 25 Lot 26 Lot 22 \G�V IE� 2 � � CT z Z G� � Lot 23 < � � Lot 19 � Lot 20 Lot 21 c c� � y � � Lot 17 / \ Lot 18 MFq�ow C/R S�NRISC�N ' � \ 1 - � Lot 14 Lot 15 Lot 12B � m y�i �o Lot 10 ��q o� �i-� \ �� � / �� � I � � Lot 6 Lot 7 � 0 �G Lot 9 � � m ' Lot 8 0 � Former Park Entrance Mutual Pipeline and Park EntranCe Estates N 1 in-167 ft i Water Company System Reconstruction B1oCk One � Loan Repayment Boundary o 90 iso a9 E 5 T E S P A R K Printed:5/29/2020 C O L O R A D O Created By:Reuben Bergsten Feet 183 �� ` �� ♦ O �` �� � � � a �� � � � � 30 184