HomeMy WebLinkAboutPACKET Town Board 2020-06-09(Instructions continued on page 2, Agenda begins on page 2)
BOARD OF TRUSTEES – TOWN OF ESTES PARK
TO BE HELD VIRTUALLY
Tuesday, 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.By 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
https://dms.estes.org/forms/TownBoardPublicComment. 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. By Telephone Message: 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, 1-346-248-7799
Enter the Meeting ID for the June 9, 2020 meeting: 982 1690 2040 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/boardsandmeetings 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.
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 reasonable accommodations for access to Town services,
programs, and activities and special communication arrangements for persons with disabilities.
Please call (970) 577-4777. TDD available.
Prepared 05-29-2020
*Revised 06-05-2020
11 1
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
PUBLIC PARTICIPATION (ONLINE):
Individuals who wish to address the Board via virtual public participation can do so through
Zoom Webinar at https//zoom.us/j//98216902040 – Zoom Webinar ID: 982-1690-2040. The
Zoom Webinar link and instructions are also available at www.estes.org/boardsandmeetings
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.org/boardsandmeetings 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.org/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.
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).
Prepared 05-29-2020
*Revised 06-05-2020
22 2
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
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.
*
33 3
4444 4
Hello Board Members: Estes Park
I am proposing a resolution to Ban all AirBNB , 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
General Public Comment added 06-09-2020
5
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.
00 p.m. and all desiring to 00 p.m. and all desiring to
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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.
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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. DRAFTd ed e
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7 9
Board of Trustees – May 26, 2020 – Page 4
Wendy Koenig, Mayor
Jackie Williamson, Town Clerk
DRAFT8 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
7779 11
688810 12
799911 13
810101012 14
UTILITIES 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
Objective:
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.
Advantages:
Allows everyone to focus on our COVID 19 response.
Improves the public’s ability to participate in the rate hearing
911111113 15
Disadvantages:
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
1012121214 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
1113131315 17
ELECTRIC RATE STUDY - FINAL DRAFT
Town of Estes Park, Colorado
Estes Park Power and Communications
REPORT | February 2020
www.newgenstrategies.net
PREPARED BY:
SUSTAINABILITYSTAKEHOLDERS ECONOMICS STRATEGY
18
Economics | Strategy | Stakeholders | Sustainability
www.newgenstrategies.net
225 Union Boulevard
Suite 305
Lakewood, CO 80228
Phone: (720) 633-9514
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.
Sincerely,
NewGen Strategies and Solutions, LLC
Joe Mancinelli
President and CEO
19
Economics | Strategy | Stakeholders | Sustainability
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
Financial Forecast ............................................................................................... 1‐4
Cost of Service and Rate Design Process Overview ...................................................... 1‐5
Cost of Service Results .................................................................................................. 1‐6
Rate Design .................................................................................................................... 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
Classification of Costs .................................................................................................... 3‐3
Allocation of 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
Rate Design Offerings .................................................................................................... 4‐1
Rate Design Objectives .................................................................................................. 4‐2
Electric Rate Structure ................................................................................................... 4‐3
Rate Design 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
20
Table of Contents
ii
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
Rate Recommendations ................................................................................................ 5‐1
Avoided Cost for Net Meter Customers ........................................................................ 5‐2
AMI Opt‐Out Fees .......................................................................................................... 5‐2
Other Work 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
Proposed Rates ............................................................................................................. 4‐8
Table 4‐5 Residential Energy Basic Time‐of‐Day Service Cost of Service, Current,
and Proposed 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,
and Proposed 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
Proposed Rates ........................................................................................................... 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
21
Table of Contents
iii
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
from 2019 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 Energy Time‐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
22
Table of Contents
iv
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
23
Economics | Strategy | Stakeholders | Sustainability
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 ava ilable, 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. T he 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.
24
Section 1
1‐2
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
Estimated Annual Energy Requirements
Test Year
Retail Sales
(kWh)
System
Losses
(kWh)
Total Net Energy
for Load (kWh)
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.
25
PROJECT SUMMARY
1‐3
Table 1-2
2022 Summary of Projected Electric Utility Characteristics by Customer Class
Customer Class
Rate
Code(s)
Retail kWh
Sales(1)
No. of
Customers(1)
Revenue at
Current
Rates
Avg. Annual
kWh Sales
per Customer
Avg. Annual
Revenue per
Customer
Residential Service R/RD/RE/RB 57,610,664 8,152 $ 8,749,429 7,067 $ 1,073
Small Commercial C 28,933,187 2,357 4,347,393 12,276 1,845
Small Commercial Energy Time-of-Day CE 679,330 29 85,069 23,738 2,973
Large Commercial CL 35,687,102 113 3,695,196 316,410 32,762
Large Commercial Energy Time-of-Day CT 137,894 1 18,327 137,894 18,327
Municipal M 3,340,617 74 442,979 44,897 5,954
RMNP Administrative Housing (2)AH 9,232 4 1,738 2,308 434
RMNP Small Administrative (2)AS 269,060 22 21,154 12,230 962
RMNP 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)Electricity provided by the United States Bureau of Reclamation. The Town is paid to deliver the electricity.
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.
26
Section 1
1‐4
Figure 1-1: Financial 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.
Figure 1-2: Financial Forecast Model Development
Financial
Forecast
Cost‐of‐
Service
Rate Design
& Impacts
Recommended Use
Apply system‐wide rate changes
to customer classes
Calculate customer class specific
cost of service and rate
structures
Ensure equity and alignment with
rate strategy
Forecast financial performance
and key financial metrics
Calculate debt and rate funded
capital needs
Calculate system‐wide rate
changes and scenarios
Update in conjunction with cost‐
of‐service
Update fixed and variable
components within customer
class
Update to base or pass through
rate components
Design customer class base and
pass through rates
Fixed and variable rate design
Proof of revenue adequacy
Monthly bill impacts
Update every five years
Update for major changes to
system (e.g., power supply,
new industrial customer, class
consolidation)
Update annually
Significant changes in capital
and/or changes in debt/cash
needs
When to Update
Test Year Revenue
Requirement and Rate
Revenues
EPPC Operating and Capital
Expenses, Audited Rate
Revenues
Forecast Revenue
Requirement and
Revenues
EPPC System Load,
Rates and Expense
Forecasts
Adjust Use of Debt
and Rate Changes
to Cover Costs
EPPC Customer Base
Rate Changes and
Annual Debt Issues
27
PROJECT SUMMARY
1‐5
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.
28
Section 1
1‐6
These first four steps in the COS process are depicted in the figure below.
Figure 1-3. Cost of Service Process
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.
29
PROJECT SUMMARY
1‐7
Table 1-3
Comparison of 2022 Revenues Under 2019 Rates with Cost of Service Results
Customer Class
Revenue
Requirement
($)
Projected Revenues
Under 2019
Rates ($)
Projected
Over /
(Under)
Recovery ($)
Difference
(%)
Residential Service $ 9,343,420 $ 8,749,429 ($ 593,991) (6.8%)
Small Commercial 4,456,635 4,347,393 (109,242) (2.5%)
Small Commercial
Energy Time-of-Day 81,613 85,069 3,456 4.1%
Large Commercial 4,084,202 3,695,196 (389,006) (10.5%)
Large Commercial
Energy Time-of-Day 20,772 18,327 (2,445) (13.3%)
Municipal 387,246 442,979 55,733 12.6%
RMNP Administrative
Housing 3,195 1,738 (1,457) (83.9%)
RMNP Small
Administrative 25,009 21,154 (3,855) (18.2%)
RMNP Large
Administrative 30,126 39,490 9,364 23.7%
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 cu stomer 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.
30
Section 1
1‐8
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.
31
Economics | Strategy | Stakeholders | Sustainability
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.
32
Section 2
2‐2
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.
33
REVENUE REQUIREMENT
2‐3
Table 2-1
Revenue Requirement Development
Item
2019 Board
Adopted Difference Test Year
O&M Expenses
Purchased Power $ 7,776,362 $ 364,034 $ 8,140,396
Distribution 3,748,771 594,088 4,342,859
Customer Service 442,985 35,929 478,914
Administration and General 2,304,701 167,708 2,472,409
Subtotal O&M Expense $ 14,272,819 $ 1,161,759 $ 15,434,578
Debt Service $ 449,813 $ 141,488 $ 591,300
General Fund Transfer 1,772,928 225,115 1,998,043
Change in Working Capital -112,267 112,267
Capital Expenditures 2,292,000 (544,208)1,747,792
Less Interest Income (78,083) 8,170 (69,913)
Less Miscellaneous Revenue (708,578) 181,732 (526,846)
Less Customer Contributions (300,000) (19,612) (319,612)
Less Planned Under-Recovery (per Financial Plan) (307,503) (227,887) (535,391)
Revenue Requirement $ 17,393,395 $ 1,038,822 $ 18,432,217
34
Economics | Strategy | Stakeholders | Sustainability
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.
35
Section 3
3‐2
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 3-1
Revenue Requirement by Function
Item
Purchased
Power Distribution Customer Total
O&M Expenses
Purchased Power $ 8,140,396 $ - $ - $ 8,140,396
Distribution -4,342,859 -4,342,859
Customer - - 478,914 478,914
Administration and General 156,368 1,995,287 320,754 2,472,409
Subtotal O&M Expense $ 8,296,764 $ 6,338,146 $ 799,668 $ 15,434,578
Debt Service $ - $ 591,300 $ -$ 591,300
General Fund Transfer -1,998,043 -1,998,043
Change in Working Capital 2,407 97,552 12,308 112,267
Capital Expenditures -1,370,798 376,994 1,747,792
Less Interest Income (31,360) (35,974) (2,580) (69,914)
Less Miscellaneous Revenue - (20,582) (506,264) (526,846)
Less Customer Contributions -(319,612)-(319,612)
Less Planned Under-Recovery (per Financial Plan) -(535,391)-(535,391)
Revenue Requirement $ 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.
36
COST OF SERVICE
3‐3
Table 3-2
Functionalized Revenue Requirement
Function Revenue Requirement $/kWh % of Total
Purchased Power $ 9,396,018 $0.0649 45%
Distribution 8,419,310 0.0745 51%
Customer 340,877 0.0053 4%
Revenue Requirement $ 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.
37
Section 3
3‐4
Table 3-3
Classified Revenue Requirement
Classification
Revenue
Requirement $/kWh
% of
Total
Purchased Power
Customer $ 509,556 $0.0040 3%
Energy 4,964,087 0.0390 27%
Demand 2,666,753 0.0209 14%
PILOT, Franchise Fees and Other 127,415 0.0010 1%
Subtotal $ 8,267,811 $0.0649 45%
Distribution
Demand $ 5,208,314 $0.0409 28%
Customer 2,420,247 0.0190 13%
General Fund Transfer 1,855,719 0.0146 10%
Subtotal $ 9,484,280 $0.0745 51%
Customer
Customer $ 680,126 $0.0053 4%
Subtotal $ 680,126 $0.0053 4%
Revenue Requirement $ 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
38
COST OF SERVICE
3‐5
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
Demand Allocator Comparisons
Customer Class
Summer
CP
Non-Summer
CP Transmission 9NCP SMD
Residential Service 49% 54% 51% 51% 66%
Small Commercial 23% 20% 21% 21% 18%
Small Commercial Energy
Time-of-Day 0% 0%0%0% 0%
Large Commercial 25% 23% 25% 24% 13%
Large Commercial Energy
Time-of-Day 0% 0%0%0% 0%
Municipal 2% 2% 2% 2% 2%
RMNP Administrative Housing 0% 0% 0% 0% 0%
RMNP Small Administrative 0% 0% 0% 0% 0%
RMNP Large Administrative 0% 0% 0% 1% 0%
Total 100% 100% 100% 100% 100%
Note: 0% shown in table may reflect fractions of a percent
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
39
Section 3
3‐6
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 3-5
Energy Allocator Comparisons
Customer Class
Net Energy
for Load
Summer
Net Energy
for Load Non-
Summer
Net Energy
for Load
Residential Service 38%49%46%
Small Commercial 25%22%23%
Small Commercial Energy
Time-of-Day 0%1%1%
Large Commercial 33%26%28%
Large Commercial Energy
Time-of-Day 0%0%0%
Municipal 3%3%3%
RMNP Administrative Housing 0% 0% 0%
RMNP Small Administrative 0% 0% 0%
RMNP Large Administrative 0% 0% 0%
Total 100%100%100%
Note: 0% shown in table may reflect fractions of a percent
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.
40
COST OF SERVICE 3‐7 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 3-6 Unbundled Cost of Service Results by Customer Class ($000) (1) Classification Residential Small Commercial Small Commercial Energy Time-of-Day Large Commercial Large Commercial Time-of-Day Municipal Rate RMNP Admin. Housing RMNP Small Admin. RMNP Large Admin. Total Purchased Power Customer $ 349 $ 101 $ 1 $ 48 $ 0 $ 10 $ 0 $ 0 $ 0 $ 510 Energy Summer (En) 523 345 6 446 3 38 0 0 0 1,361 Energy Non-Summer (En) 1,564 704 18 847 2 83 0 0 0 3,218 Renewable Intermittent Adder 176 88 2 109 0 10 0 0 0 386 Demand Summer (D) 210 101 1 109 1 10 0 0 0 432 Demand Non-Summer (D) 386 145 3 164 0 17 0 0 0 715 Demand Transmission 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 Production $ 4,041 $ 1,836 $ 40 $ 2,134 $ 9 $ 207 $ 0 $ 0 $ 0 $ 8,268 Distribution Demand Related Substations $ 1,120 $ 465 $ 10 $ 538 $ 2 $ 53 $ 0 $ 5 $ 12 $ 2,205 Overhead 82134173942 39038 1,616Underground 46219242221 22025 910 Transformers 317871620 8011 477Customer Related Overhead 73221231011 20021 1,072 Underground 4101191571 11010 60041
Section 3 3‐8 Table 3-6 Unbundled Cost of Service Results by Customer Class ($000) (1) Classification Residential Small Commercial Small Commercial Energy Time-of-Day Large Commercial Large Commercial Time-of-Day Municipal Rate RMNP Admin. Housing RMNP Small Admin. RMNP Large Admin. Total Transformers 217631300 6010 318 Services 69200100 2000 102 Metering 225 65 1 31 0 6 0 1 0 329 General Fund Transfer 464923114414 0292 1,856Subtotal Distribution $ 4,837 $ 2,486 $ 40 $ 1,886 $ 12 $ 167 $ 3 $ 24 $ 30 $ 9,484 Customer Customer $ 465 $ 134 $ 2 $ 64 $ 1 $ 13 $ 0 $ 1 $ 0 $ 680 Subtotal Customer 4651342641 13010 680Revenue Requirement $ 9,343 $ 4,457 $ 82 $ 4,084 $ 21 $ 387 $ 3 $ 25 $ 30 $ 18,432 Summarized Total Demand $ 4,087 $ 1,656 $ 34 $ 1,867 $ 8 $ 185 $ 1 $ 11 $ 26 $ 7,875 Energy 2,263 1,13627 1,4025 131000 4,964Customer 2,46771393413 68162 3,610General Fund Transfer, PILOT, Franchise Fees and Other 526951124744 3292 1,983Revenue Requirement $ 9,343 $ 4,457 $ 82 $ 4,084 $ 21 $ 387 $ 3 $ 25 $ 30 $ 18,432 (1) Numbers may not sum due to rounding 42
COST OF SERVICE
3‐9
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 3-7
2022 Revenue Shortfall with No Rate Increases
Customer Class
Revenue
Requirement
($)
Projected Revenues
Under 2019
Rates ($)
Projected
Over /
(Under)
Recovery ($)
Difference
(%)
Residential Service $ 9,343,420 $ 8,749,429 ($ 593,991) (6.8%)
Small Commercial 4,456,635 4,347,393 (109,242) (2.5%)
Small Commercial
Energy Time-of-Day 81,613 85,069 3,456 4.1%
Large Commercial 4,084,202 3,695,196 (389,006) (10.5%)
Large Commercial
Energy Time-of-Day 20,772 18,327 (2,445) (13.3%)
Municipal 387,246 442,979 55,733 12.6%
RMNP Administrative
Housing 3,195 1,738 (1,457) (83.9%)
RMNP Small
Administrative 25,009 21,154 (3,855) (18.2%)
RMNP Large
Administrative 30,126 39,490 9,364 23.7%
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.
43
Economics | Strategy | Stakeholders | Sustainability
Section 4
RATE DESIGN
Rate design is the culmination of a COS study where the rates a nd 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 unde r 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.
44
Section 4
4‐2
Table 4-1
Retail Rate – Customer Class / Sub-Customer Class
Customer Class Code
Estimated
Number of
Customers
(Test Year)
Estimated
Test Year
Revenues
($000)Comments
Residential Energy R 7,631 $ 8,027 Standard residential service
Residential Demand RD 212 569 Optional rate, > 15,000 kWh/year,
closed to new customers
Residential Energy Time-of-Day RE 282 707 Optional rate, only energy storage
for heating
Residential Basic Energy Time-of-Day RB 27 49 Optional rate, open to all residential
customers
Total Residential 8,152 $ 9,352
Small Commercial C 2,357 $ 4,441 Non-Residential use, <= 35 kW
Small Commercial Energy Time-of-Day CE 29 85 Non-Residential use, <= 35 kW,
energy storage for heating
Large Commercial CL 113 4,029 Non-Residential use, > 35 kW in
two consecutive months
Large Commercial Time-of-Day CT 1 20 Non-Residential use, > 35 kW in
two consecutive months
Total Commercial 2,500 $ 8,575
RMNP Administrative Housing AH 4 $ 2 Alternate power source, housing
RMNP Small Administrative AS 22 21 Alternate power source, <= 35 kW
RMNP Large Administrative AL 6 39 Alternate power source, > 35 kW in
two consecutive months
Total RMNP 32 $ 62
Municipal M 74 $ 443 Includes municipal street, park
lighting, and municipal buildings
Total (1)10,758 $ 18,432
(1) Excludes outdoor lighting, revenue from which was treated as an offset to the Revenue Requirement
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:
45
RATE DESIGN
4‐3
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.
46
Section 4
4‐4
Table 4-2
Residential Service
Cost of Service, Current, and Proposed Rates
Item Unit
COS (1)
2022
Current
2019
Proposed
2020
Proposed
2021
Proposed
2022
Customer Charge $/Month 25.06 22.70 23.47 24.23 25.00
Energy Charge $/kWh 0.1188 0.1095 0.1119 0.1144 0.1168
Wholesale Power Cost
Adjustment Charge (2) $/kWh 0.0028 0.0035 0.0000 0.0014 0.0028
(1) The fixed demand-related costs are shown in the energy COS because this customer class does not have a demand charge
(2) Proposed Wholesale Power Cost Adjustment Charges 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.
47
RATE DESIGN
4‐5
Figure 4-1. Residential 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).
48
Section 4
4‐6
Figure 4-2. Residential Service Billing Impacts: Percent Change in Bills 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).
49
RATE DESIGN
4‐7
Figure 4-3. Residential Service Billing Impacts: Dollar Change in Bills from 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 4-3
Residential Demand Service
Cost of Service, Current, and Proposed Rates
Item Unit
COS
2022
Current
2019
Proposed
2020
Proposed
2021
Proposed
2022
Customer Charge $/Month 27.46 26.10 26.90 27.70 28.50
Energy Charge Summer (1) $/kWh 0.1126 0.1095 0.1119 0.1144 0.1168
Energy Charge Winter $/kWh 0.0365 0.0654 0.0645 0.0636 0.0627
Demand Charge $/kW 12.53 13.60 13.60 13.60 13.60
Wholesale Power Cost
Adjustment Charge (2) $/kWh 0.0028 0.0035 0.0000 0.0014 0.0028
(1) Equal to the Residential Service customer class energy charge
(2) Proposed Wholesale Power Cost Adjustment Charges are estimates
50
Section 4
4‐8
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 4-4
Residential Energy Time-of-Day Service
Cost of Service, Current, and Proposed Rates
Item Unit
COS (1)
2022
Current
2019
Proposed
2020
Proposed
2021
Proposed
2022
Customer Charge $/Month 27.76 26.10 26.90 27.70 28.50
Energy Charge On-Peak $/kWh 0.1689 0.1520 0.1566 0.1612 0.1658
Energy Charge Off-Peak $/kWh 0.0928 0.0760 0.0806 0.0852 0.0898
Wholesale Power Cost
Adjustment Charge (2) $/kWh 0.0028 0.0035 0.0000 0.0014 0.0028
(1) The fixed demand-related costs are shown in the energy COS because this customer class does not have a demand charge
(2) Proposed Wholesale Power Cost Adjustment Charges 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 4-5
Residential Energy Basic Time-of-Day Service
Cost of Service, Current, and Proposed Rates
Item Unit
COS (1)
2022
Current
2019
Proposed
2020
Proposed
2021
Proposed
2022
Customer Charge $/Month 28.08 26.10 26.90 27.70 28.50
Energy Charge Summer (2) $/kWh 0.1166 0.1095 0.1119 0.1144 0.1168
Energy Charge Winter On-Peak $/kWh 0.1689 0.1345 0.1470 0.1595 0.1719
Energy Charge Winter Off-Peak $/kWh 0.0928 0.1077 0.1038 0.0998 0.0959
Wholesale Power Cost
Adjustment Charge (3) $/kWh 0.0028 0.0035 0.0000 0.0014 0.0028
(1) The fixed demand-related costs are shown in the energy COS because this customer class does not have a demand charge
(2) Equal to the Residential Service customer class energy charge
(3) Proposed Wholesale Power Cost Adjustment Charges are estimates
51
RATE DESIGN
4‐9
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 4-6
Small Commercial Service
Cost of Service, Current, and Proposed Rates
Item Unit
COS (1)
2022
Current
2019
Proposed
2020
Proposed
2021
Proposed
2022
Customer Charge $/Month 25.22 33.37 33.25 33.12 33.00
Energy Charge $/kWh 0.1266 0.1140 0.1154 0.1169 0.1183
Wholesale Power Cost
Adjustment Charge (2) $/kWh 0.0028 0.0035 0.0000 0.0014 0.0028
(1) The fixed demand-related costs are shown in the energy COS because this customer class does not have a demand charge
(2) Proposed Wholesale Power Cost Adjustment Charges are estimates
Figure 4‐4 shows the relationship between customer usage and COS for the Small Commercial Service
customer class.
Figure 4-4. Small Commercial Energy Service Rate Comparison
52
Section 4
4‐10
Bill Impacts
Customer bill impacts for customers in this customer class are provided in Figure 4‐5 and Figure 4‐6.
Figure 4-5. Small Commercial Energy Service Billing Impacts: Percent Change in Bills from 2019 to 2022
53
RATE DESIGN
4‐11
Figure 4-6. Small Commercial Energy Service Billing Impacts: Dollar Change in Bills 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 4-7
Small Commercial Energy Time-of-Day Service
Cost of Service, Current, and Proposed Rates
Item Unit
COS (1)
2022
Current
2019
Proposed
2020
Proposed
2021
Proposed
2022
Customer Charge $/Month 25.22 36.77 36.51 36.26 36.00
Energy Charge On-Peak $/kWh 0.1353 0.1615 0.1526 0.1438 0.1349
Energy Charge Off-Peak $/kWh 0.0876 0.0708 0.0763 0.0818 0.0872
Wholesale Power Cost
Adjustment Charge (2) $/kWh 0.0028 0.0035 0.0000 0.0014 0.0028
(1) The fixed demand-related costs are shown in the energy COS because this customer class does not have a demand charge
(2) Proposed Wholesale Power Cost Adjustment 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.
54
Section 4
4‐12
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 4-8
Large Commercial Service
Cost of Service, Current, and Proposed Rates
Item Unit
COS
2022
Current
2019
Proposed
2020
Proposed
2021
Proposed
2022
Customer Charge $/Month 252.23 45.23 45.49 45.74 46.00
Energy Charge $/kWh 0.0547 0.0625 0.0633 0.0640 0.0648
Demand Charge $/kW 19.55 14.80 15.87 16.93 18.00
Wholesale Power Cost
Adjustment Charge (1) $/kWh 0.0028 0.0035 0.0000 0.0014 0.0028
(1) Proposed Wholesale Power Cost Adjustment 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%).
Figure 4-7. Large Commercial Service Rate Comparison
55
RATE DESIGN
4‐13
Bill Impacts
Customer bill impacts for customers in this customer class are provided in Figure 4‐8 and Figure 4‐9.
Figure 4-8. Large Commercial Service Billing Impacts: Percent Change in Bills from 2019 to 2022
56
Section 4
4‐14
Figure 4-9. Large Commercial 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 4-9
Large Commercial Time-of-Day Service
Cost of Service, Current, and Proposed Rates
Item Unit
COS
2022
Current
2019
Proposed
2020
Proposed
2021
Proposed
2022
Customer Charge $/Month 252.23 53.18 53.79 54.39 55.00
Energy Charge On-Peak $/kWh 0.0774 0.0820 0.0848 0.0876 0.0904
Energy Charge Off-Peak $/kWh 0.0365 0.0445 0.0461 0.0478 0.0495
Demand Charge $/kW 19.49 17.45 18.30 19.15 20.00
Wholesale Power Cost
Adjustment Charge (1) $/kWh 0.0028 0.0035 0.0000 0.0014 0.0028
(1) Proposed Wholesale Power Cost Adjustment Charges are estimates
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.
0%
2%
4%
6%
8%
10%
12%
14%
16%
18%
20%($500)($464)($429)($393)($357)($321)($286)($250)($214)($179)($143)($107)($71)($36)$0$36$71$107$143$179$214$250$286$321$357$393$429$464$500PERCENT OF CUSTOMERSCHANGE IN MONTHLY BILL ($/MONTH)
57
RATE DESIGN
4‐15
Table 4-10
Municipal Service
Cost of Service, Current, and Proposed Rates
Item Unit
COS (1)
2022
Current
2019
Proposed
2020
Proposed
2021
Proposed
2022
Customer Charge $/Month 75.67 0.00 9.00 18.00 27.00
Energy Charge $/kWh 0.0929 0.1171 0.1149 0.1128 0.1106
Wholesale Power Cost
Adjustment Charge (2) $/kWh 0.0028 0.0035 0.0000 0.0014 0.0028
(1) The fixed demand-related costs are shown in the energy COS because this customer class does not have a demand charge
(2) Proposed Wholesale Power Cost Adjustment Charges 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 4-11
Rocky Mountain National Park Administrative Housing Service
Cost of Service, Current, and Proposed Rates
Item Unit
COS (1)
2022
Current
2019
Proposed
2020
Proposed
2021
Proposed
2022
Customer Charge $/Month 21.65 22.70 22.70 22.70 22.70
Energy Charge $/kWh 0.2323 0.0690 0.0690 0.0690 0.0690
(1) The fixed demand-related costs are shown in the energy COS because this customer class does not have a demand 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.
58
Section 4
4‐16
Table 4-12
Rocky Mountain National Park Small Administrative Service
Cost of Service, Current, and Proposed Rates
Item Unit
COS (1)
2022
Current
2019
Proposed
2020
Proposed
2021
Proposed
2022
Customer Charge $/Month 21.65 33.37 33.37 33.37 33.37
Energy Charge $/kWh 0.0715 0.0456 0.0456 0.0456 0.0456
(1) The fixed demand-related costs are shown in the energy COS because this customer class 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 4-13
Rocky Mountain National Park Large Administrative Service
Cost of Service, Current, and Proposed Rates
Item Unit
COS
2022
Current
2019
Proposed
2020
Proposed
2021
Proposed
2022
Customer Charge $/Month 21.65 45.23 45.23 45.23 45.23
Energy Charge $/kWh 0.0000 0.0185 0.0185 0.0185 0.0185
Demand 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 4-14
Renewable Energy Charge
Cost of Service, Current, and Proposed Rates
Item Unit
COS
2022
Current
2019
Proposed
2020
Proposed
2021
Proposed
2022
Subscribed Customers $/kWh 0.0254 0.0275 0.0275 0.0275 0.0275
59
RATE DESIGN
4‐17
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 4-15
Outdoor Area Lighting
Cost of Service, Current, and Proposed Rates
Item Unit
Current
2019
Proposed
2020
Proposed
2021
Proposed
2022
Customer 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 4-16
Revenue Requirement and Projected Rate Revenue from Proposed Rates
Customer Class
Revenue
Requirement
2022
Projected
Revenue
Over/(Under)
Recovery
Residential Service $ 9,343,420 $ 9,351,732 $ 8,312
Small Commercial 4,456,635 4,441,023 (15,612)
Small Commercial Energy Time-of-Day 81,613 85,069 3,456
Large Commercial 4,084,202 4,028,609 (55,592)
Large Commercial Energy Time-of-Day 20,772 20,423 (349)
Municipal 387,246 442,979 55,733
RMNP Administrative Housing 3,195 1,738 (1,457)
RMNP Small Administrative 25,009 21,154 (3,855)
RMNP Large Administrative 30,126 39,490 9,364
Total System $ 18,432,217 $ 18,432,217 $ 0
60
Economics | Strategy | Stakeholders | Sustainability
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).
61
Section 5
5‐2
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 5-1
AMI Opt-out Enrollment and Monthly Fees
Utility / Jurisdiction
Enrollment
Fee (One-time) Monthly Fee
Austin Energy (Texas) $75 $10
AEP Texas Central $105 - $214 (1)$19
AEP Texas North $105 - $257 (1)$36
CenterPoint $204 (2)$33
Oncor $191 - $564 (1)$27
California $75 $10
Maryland $75 $11 - $17
Keys Energy (Florida) $90 $15
Lafayette Utilities System (Louisiana) Unknown $12.20
United Power None $19.83
(1) Fees based on existing meter remaining, new analog meter installed, and AMI with disabled
communications.
(2) CenterPoint charges a minimum of $204, plus the incremental difference in the cost between
a standard meter and the advanced meter functionality.
62
CONCLUSIONS AND RECOMMENDATIONS
5‐3
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.
63
Economics | Strategy | Stakeholders | Sustainability
Appendix A
HISTOGRAMS AND COST CURVES
64
Economics | Strategy | Stakeholders | Sustainability
Appendix A
HISTOGRAMS AND COST CURVES
Figure A-1. Residential Demand Rate Comparison
65
Appendix A
A‐2
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
66
HISTOGRAMS AND COST CURVES
A‐3
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
67
Appendix A
A‐4
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
68
HISTOGRAMS AND COST CURVES
A‐5
Figure A-8. Residential Basic Energy Time-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
69
Appendix A
A‐6
Figure A-10. Small Commercial Energy Time-of-Day Rate Comparison
Figure A-11. Small Commercial Energy Time-of-Day Impacts: Percent Change in Bills from 2019 to 2022
70
HISTOGRAMS AND COST CURVES
A‐7
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
71
Appendix A
A‐8
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
72
Economics | Strategy | Stakeholders | Sustainability
Appendix B
SCHEDULES
73
Estes Park Power and CommunicationsSchedule 1Electric Ten‐Year Financial Plan ABCDEFGHIJKLMNOProjectedLine No.Account Descriptions2016 2017 2018 Budget2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 20291 Operating Revenues2 Rate Revenue14,550,689 15,004,484 16,018,524 17,268,39517,648,03118,035,91318,432,21718,922,62719,404,708 19,908,01320,425,93120,960,76821,513,96322,091,7973 Intergovernmental153,652 1,031,202 24,252 ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 4 Investment Income78,448 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 1,101,099 977,836 708,578 526,217 526,528 526,846 527,232 527,613 528,010 528,419 528,840 529,275 529,729 6Total Operating Revenue15,150,235 17,223,991 17,088,612 18,055,05618,250,01518,635,94919,028,97719,516,24319,996,093 20,495,69621,008,38521,538,33222,089,11922,667,0727 Operating Expenses8 Source of Supply7,161,617 7,350,123 7,544,166 7,776,362 7,788,528 7,964,397 8,140,396 8,318,487 8,491,035 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 3,935,086 4,132,138 4,342,859 4,453,972 4,568,254 4,685,808 4,806,739 4,931,156 5,059,171 5,190,902 10 Customer Accounts 384,020 445,111 501,036 442,985 454,980 466,776 478,914 491,405 504,261 517,493 531,114 545,137 559,575 574,441 11 Administration/General2,460,229 2,460,966 2,644,817 2,304,701 2,360,904 2,415,963 2,472,409 2,530,280 2,589,616 2,650,459 2,712,851 2,776,835 2,842,458 2,909,767 12 Transfers Out ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 13Total Operating Expenses13,110,441 13,915,060 14,842,437 14,272,81914,539,49814,979,27515,434,57815,794,14416,153,167 16,541,65816,933,96517,337,06617,740,10718,177,29314Balance Available for Debt Service2,039,794 3,308,931 2,246,175 3,782,237 3,710,518 3,656,674 3,594,398 3,722,099 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‐ ‐ ‐ 449,813 580,128 596,900 591,300 596,300 595,050 597,800 594,300 594,600 184,450 183,950 17 New Debt ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 18Total 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 19Debt Service Coverage Ratio NA NA NA 8.46.46.1 6.1 6.2 6.5 6.6 6.9 7.1 23.6 24.420 Other Income (Expenditures)21 Transfers In711,942 365,703 ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 22 General Fund Transfer(1,391,740) (1,646,929) (1,731,233) (1,772,928) (1,916,252) (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‐ ‐ ‐ ‐ (65,756) (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) ‐ ‐ 125,000 ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 26Total Other Income (Expenditures)(771,228) (1,281,226) (1,731,233) (1,647,928) (1,982,008) (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) 27Balance Available for Retained Earnings & Capital1,268,566 2,027,705 514,942 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 28 Capital Expenditures29 Uses‐CIP and Recurring Capital Expenses2,292,000 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 ‐ Cash Available1,992,000 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 Funds34Cash In Excess of the Minimum Requirement35 Cash Beginning of Year4,442,774 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 HistoricalProjectedPrepared by NewGen Strategies and Solutions Page 1 of 2DRAFT74
Estes Park Power and CommunicationsSchedule 1Electric Ten‐Year Financial Plan ABCDEFGHIJKLMNOProjectedLine No.Account Descriptions2016 2017 2018 Budget2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029HistoricalProjected36 Deposits‐ Operations1,684,497 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 repayment2,500,000 ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 39 Withdrawals ‐ Capital Plan(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) 40Cash In Excess of the Minimum Requirement Balance (EOY)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 65,959 41 Days of Cash on Hand (Cash,FC,WC)196 187 174 159 149 140 124 110 96 93 90 42 Working Capital Reserve43 Days of O&M Reserve90 90 90 90 90 90 90 90 90 90 90 44 WC BOY3,519,325 3,519,325 3,585,082 3,693,520 3,805,786 3,894,447 3,982,973 4,078,765 4,175,498 4,274,893 4,374,273 45 Deposits/Withdrawals ‐ 65,756 108,438 112,267 88,660 88,526 95,793 96,733 99,395 99,380 107,799 46Working Capital Balance3,519,325 3,585,082 3,693,520 3,805,786 3,894,447 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 3,805,786 3,894,447 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 90 49 Interest Income50Reserve Fund Average Year Balance‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 51 Interest on FundsShort Term Interest‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 52Cash Available Average Year Balance4,289,022 4,024,445 3,711,497 3,241,680 2,788,253 2,438,430 1,936,416 1,276,394 647,184 263,475 126,417 53 Interest on Funds Short Term Interest 42,890 40,244 37,115 32,417 27,883 24,384 19,364 12,764 6,472 2,635 1,264 54Working Capital Cash Average Year Balance3,519,325 3,552,203 3,639,301 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 Short Term Interest 35,193 35,522 36,393 37,497 38,501 39,387 40,309 41,271 42,252 43,246 44,282 56Other Fund Balance57 Other Fund BalanceInflation‐GDP‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 58 Interest on FundsShort Term Interest‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 59Other Fund Balance60 Other Fund BalanceInflation‐GDP‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 61 Interest on FundsShort Term Interest‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 62Total Interest Income78,083 75,766 73,508 69,913 66,384 63,771 59,673 54,035 48,724 45,881 45,546 63 Key Performance Indicators2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 202964 DSC Ratio8.4 6.4 6.1 6.1 6.2 6.5 6.6 6.9 7.1 23.6 24.465 Cash Available Balance ($) 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 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 2,169,026 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 69Rate Changes70 Electric71 Overall System Revenue/kWh Increase Required1.96% 1.96% 1.96% 2.32% 2.32% 2.32% 2.32% 2.32% 2.32% 2.32%Prepared by NewGen Strategies and Solutions Page 2 of 2DRAFT75
Estes Park Power and CommunicationsSchedule 2Functional Unbundling of Test Year Revenue RequirementABCDEFGHIJLine No. Account Account Description Test Year 2022 Adjustments Adjusted Test Year Allocation Factor Purchased PowerDistribution Customer Total1Operation and Maintenance Expense2Purchased Power3502‐6100‐520.28‐08 Purchased Power Supply8,140,396 8,140,396 Purchased Power8,140,3960 0 8,140,3964502‐6100‐520.28‐18 Wind Power‐ 0 Purchased Power00 005502‐6100‐520.28‐19 Wheeling Chgs‐FR Hydro‐ 0 Purchased Power00 006Total Purchased Power8,140,39608,140,3968,140,3960 0 8,140,3967TOTAL PURCHASED POWER8,140,39608,140,3968,140,3960 0 8,140,3968Distribution9502‐6301‐540.11‐01 Supervisors37,531 37,531 Distribution 0 37,531 0 37,53110502‐6301‐540.11‐02 Regular Staff1,734,043 1,734,043 Distribution0 1,734,043 0 1,734,04311502‐6301‐540.11‐03 Seasonal Staff‐ 0 Distribution00 0012502‐6301‐540.11‐04 Staff Overtime191,767 191,767 Distribution0 191,767 0 191,76713502‐6301‐540.11‐05 Seasonal Overtime‐ 0 Distribution00 0014Total Personal Services/Salaries 1,963,341 ‐ 1,963,341 ‐ 1,963,341 ‐ 1,963,341 15502‐6301‐540.13‐01 Cell Phone17,205 17,205 Distribution0 17,205 0 17,20516502‐6301‐540.13‐03 Vehicle Allowance‐ 0 Distribution00 0017Total Additional Compensation17,205017,2050 17,205 0 17,20518502‐6301‐540.14‐11 Medical Insurance386,351 386,351 Distribution0 386,351 0 386,35119502‐6301‐540.14‐12 Life Insurance6,208 6,208 Distribution0 6,208 0 6,20820502‐6301‐540.14‐14 Employee Assistance Prog1,297 1,297 Distribution0 1,297 0 1,29721502‐6301‐540.14‐15 Dental Insurance26,177 26,177 Distribution0 26,177 0 26,17722502‐6301‐540.14‐16 Vision Insurance6,225 6,225 Distribution0 6,225 0 6,22523502‐6301‐540.14‐17 MASA2,139 2,139 Distribution0 2,139 0 2,13924502‐6301‐540.14‐18 Telephone Doc1,037 1,037 Distribution0 1,037 0 1,03725502‐6301‐540.14‐21 Taxes/FICA‐Medicare146,224 146,224 Distribution0 146,224 0 146,22426502‐6301‐540.14‐31 Retirement/ICMA 401(A)‐ 0 Distribution00 0027502‐6301‐540.14‐32 Retirement/PERA284,304 284,304 Distribution0 284,304 0 284,30428502‐6301‐540.14‐41 Workers' Compensation24,744 24,744 Distribution 0 24,744 0 24,74429502‐6301‐540.14‐90 Pension Benefit Expense‐ 0 Distribution00 0030502‐6301‐540.14‐99 Salary Capital Contra Act‐ 0 Distribution00 0031Total Employer Benefits884,7060884,7060 884,706 0 884,70632502‐6301‐540.21‐01 Property‐ 0 Distribution00 0033502‐6301‐540.21‐02 Liability17,981 17,981 Distribution0 17,981 0 17,98134502‐6301‐540.21‐50 Unemployment‐ 0 Distribution00 00Prepared by NewGen Strategies and Solutions Page 1 of 11DRAFT76
Estes Park Power and CommunicationsSchedule 2Functional Unbundling of Test Year Revenue RequirementABCDEFGHIJLine No. Account Account Description Test Year 2022 Adjustments Adjusted Test Year Allocation Factor Purchased PowerDistribution Customer Total35Total Insurance Premiums17,981 ‐ 17,981 ‐ 17,981 ‐ 17,981 36502‐6301‐540.22‐02 Engineering31,961 31,961 Distribution0 31,961 0 31,96137502‐6301‐540.22‐13 Contract/Skilled Services5,327 5,327 Distribution0 5,327 0 5,32738502‐6301‐540.22‐14 Lab Testing8,523 8,523 Distribution0 8,523 0 8,52339502‐6301‐540.22‐24 GIS138,499 138,499 Distribution0 138,499 0 138,49940502‐6301‐540.22‐26 Insurance Calims28,338 28,338 Distribution0 28,338 0 28,33841502‐6301‐540.22‐30 Land Use Fees3,196 3,196 Distribution0 3,196 0 3,19642502‐6301‐540.22‐98 Other7,307 7,307 Distribution0 7,307 0 7,30743Total Prof. Services/Fees223,152 ‐ 223,152 ‐ 223,152 ‐ 223,152 44502‐6301‐540.24‐02 Real Property2,557 2,557 Distribution0 2,557 0 2,55745Total Rentals2,557 02,5570 2,557 0 2,55746502‐6301‐540.25‐01 Maintenance Contracts55,399 55,399 Distribution0 55,399 0 55,39947502‐6301‐540.25‐02 Buildings10,654 10,654 Distribution0 10,654 0 10,65448502‐6301‐540.25‐05 Machinery/Tools3,729 3,729 Distribution0 3,729 0 3,72949502‐6301‐540.25‐06 Meters‐ 0 Distribution00 0050502‐6301‐540.25‐07 Transformer10,654 10,654 Distribution0 10,654 0 10,65451502‐6301‐540.25‐08 Laboratory‐ 0 Distribution00 0052502‐6301‐540.25‐30 Street Lights53,269 53,269 Distribution0 53,269 0 53,26953502‐6301‐540.25‐31 Substation181,114 181,114 Distribution0 181,114 0 181,11454502‐6301‐540.25‐32 Power Line Maintenance639,225 639,225 Distribution0 639,225 0 639,22555502‐6301‐540.25‐33 Inactive Underground Main‐ 0 Distribution00 0056502‐6301‐540.25‐34 Customer Service Lines‐ 0 Distribution00 0057502‐6301‐540.25‐98 Other Equipment/Machinery1,598 1,598 Distribution0 1,598 0 1,59858Total Repair and Maintenance955,6410955,6410 955,641 0 955,64159502‐6301‐540.26‐01 Office Supplies746 746 Distribution0 746 074660502‐6301‐540.26‐04 Freight/Shipping1,065 1,065 Distribution0 1,065 0 1,06561502‐6301‐540.26‐05 Janitorial533 533 Distribution0 533 053362502‐6301‐540.26‐06 Small Tools15,981 15,981 Distribution0 15,981 0 15,98163502‐6301‐540.26‐07 Small Hardware5,327 5,327 Distribution0 5,327 0 5,32764502‐6301‐540.26‐19 Traffic Control10,654 10,654 Distribution0 10,654 0 10,65465502‐6301‐540.26‐20 Electrical5,327 5,327 Distribution0 5,327 0 5,32766502‐6301‐540.26‐33 Data Processing Equipment10,654 10,654 Distribution0 10,654 0 10,65467502‐6301‐540.26‐34 Meters37,288 37,288 Distribution0 37,288 0 37,28868502‐6301‐540.26‐48 Shop Equipment4,261 4,261 Distribution0 4,261 0 4,26169502‐6301‐540.26‐55 Street Lights31,961 31,961 Distribution0 31,961 0 31,961Prepared by NewGen Strategies and Solutions Page 2 of 11DRAFT77
Estes Park Power and CommunicationsSchedule 2Functional Unbundling of Test Year Revenue RequirementABCDEFGHIJLine No. Account Account Description Test Year 2022 Adjustments Adjusted Test Year Allocation Factor Purchased PowerDistribution Customer Total70502‐6301‐540.26‐57 Overhead Lines‐ 0 Distribution00 0071Total Materials and Supplies123,7970123,7970 123,797 0 123,79772502‐6301‐540.27‐01 Personal Safety Equipment58,596 58,596 Distribution 0 58,596 0 58,59673502‐6301‐540.27‐03 Vehicle Allowance‐ 0 Distribution00 0074502‐6301‐540.27‐04 Education/Training95,884 95,884 Distribution0 95,884 0 95,88475502‐6301‐540.27‐06 Employee Recognition‐ 0 Distribution00 0076502‐6301‐540.27‐07 Mileage Reimbursement‐ 0 Distribution00 0077502‐6301‐540.27‐21 Employee Recruitment‐ 0 Distribution00 0078Total Job Performance Expenses 154,4790154,4790 154,479 0 154,47979502‐6301‐540.29‐90 Short/Over Inventory Acct‐ 0 Distribution00 0080502‐6301‐540.29‐95 Depreciation‐ 0 Distribution00 0081502‐6301‐540.29‐97 Accumulated Pant‐ 0 Distribution00 0082Total Other Current Expenses00000 0083TOTAL DISTRIBUTION4,342,85904,342,8590 4,342,859 0 4,342,85984Customer ServicesCurrent Expenditures85502‐6401‐550.11‐01 Supervisors71,737 71,737 Customer 0 0 71,737 71,73786502‐6401‐550.11‐02 Regular Staff146,163 146,163Customer00 146,163 146,16387502‐6401‐550.11‐03 Seasonal Staff‐ 0Customer00 0088502‐6401‐550.11‐04 Staff Overtime13,850 13,850Customer00 13,850 13,85089502‐6401‐550.11‐05 Seasonal Overtime80 80Customer00 808090Total Personal Service/Salaries231,8300231,83000 231,830 231,83091502‐6401‐550.13‐01 Cell Phone419 419Customer00 41941992502‐6401‐550.13‐03 Vehicle Allowance‐ 0Customer00 0093Total Additional Compensation419 ‐ 419 ‐ ‐ 419 419 94502‐6401‐550.14‐11 Medical Insurance55,635 55,635Customer00 55,635 55,63595502‐6401‐550.14‐12 Life Insurance908 908Customer00 90890896502‐6401‐550.14‐14 Employee Assistance Prog230 230Customer00 23023097502‐6401‐550.14‐15 Dental Insurance3,987 3,987Customer00 3,987 3,98798502‐6401‐550.14‐16 Vision Insurance1,027 1,027Customer00 1,027 1,02799502‐6401‐550.14‐17 MASA416 416Customer00 416416100502‐6401‐550.14‐18 Telephone Doc202 202Customer00 202202101502‐6401‐550.14‐21 Taxes/FICA‐Medicare18,870 18,870Customer00 18,870 18,870Prepared by NewGen Strategies and Solutions Page 3 of 11DRAFT78
Estes Park Power and CommunicationsSchedule 2Functional Unbundling of Test Year Revenue RequirementABCDEFGHIJLine No. Account Account Description Test Year 2022 Adjustments Adjusted Test Year Allocation Factor Purchased PowerDistribution Customer Total102502‐6401‐550.14‐31 Retirement/ICMA 401(A)‐ 0Customer00 00103502‐6401‐550.14‐32 Retirement/PERA31,762 31,762Customer00 31,762 31,762104502‐6401‐550.14‐41 Workers' Compensation763 763Customer00 763763105502‐6401‐550.14‐90 Pension Benefit Expense‐ 0Customer00 00106502‐6401‐550.14‐99 Salary Capital Contra Act‐ 0Customer00 00107Total Employer Benefits113,799 ‐ 113,799 ‐ ‐ 113,799 113,799 108502‐6401‐550.21‐02 Liability1,681 1,681Customer00 1,681 1,681109502‐6401‐550.21‐50 Unemployment‐ 0Customer00 00110Total Insurance Premiums1,681 ‐ 1,681 ‐ ‐ 1,681 1,681 111502‐6401‐550.22‐09 Info Technology Services‐ 0Customer00 00112502‐6401‐550.22‐10 Bank Fees533 533Customer00 533533113502‐6401‐550.22‐13 Contract/Skilled Services‐ 0Customer00 00114502‐6401‐550.22‐26 Insurance Claims‐ 0Customer00 00115502‐6401‐550.22‐98 Other1,233 1,233Customer00 1,233 1,233116Total Prof. Services/Fees1,76501,76500 1,765 1,765117502‐6401‐550.23‐01 Publication Fees‐ 0Customer00 00118Total Publishing‐ ‐ ‐ ‐ ‐ ‐ ‐ 119502‐6401‐550.24‐01 Equipment1,278 1,278Customer00 1,278 1,278120502‐6401‐550.24‐03 Lease4,800 4,800Customer00 4,800 4,800121Total Rentals6,078 ‐ 6,078 ‐ ‐ 6,078 6,078 122502‐6401‐550.25‐01 Maintenance Contracts8,789 8,789Customer00 8,789 8,789123502‐6401‐550.25‐03 Furniture/Fixtures‐ 0Customer00 00124502‐6401‐550.25‐98 Other Equipment/Machinery533 533Customer00 533533125Total Repair and Maintenance9,322 ‐ 9,322 ‐ ‐ 9,322 9,322 126502‐6401‐550.26‐01 Office Supplies3,729 3,729Customer00 3,729 3,729127502‐6401‐550.26‐02 Postage42,517 42,517 Customer 0 0 42,517 42,517128502‐6401‐550.26‐03 Printing Forms27,840 27,840Customer00 27,840 27,840129502‐6401‐550.26‐04 Freight/Shipping799 799Customer00 799799130502‐6401‐550.26‐17 Catering/Spec Circumstanc799 799Customer00 799799131502‐6401‐550.26‐23 Furniture/Fixtures2,131 2,131Customer00 2,131 2,131132502‐6401‐550.26‐32 Data Processing Software3,018 3,018Customer00 3,018 3,018133502‐6401‐550.26‐33 Data Processing Equipment2,131 2,131Customer00 2,131 2,131134502‐6401‐550.26‐42 Office Equipment799 799Customer00 799799Prepared by NewGen Strategies and Solutions Page 4 of 11DRAFT79
Estes Park Power and CommunicationsSchedule 2Functional Unbundling of Test Year Revenue RequirementABCDEFGHIJLine No. Account Account Description Test Year 2022 Adjustments Adjusted Test Year Allocation Factor Purchased PowerDistribution Customer Total135502‐6401‐550.26‐46 Communication Equipment‐ 0Customer00 00136Total Materials and Supplies83,763 ‐ 83,763 ‐ ‐ 83,763 83,763 137502‐6401‐550.27‐04 Education/Training13,317 13,317Customer00 13,317 13,317138502‐6401‐550.27‐05 Member Dues/Subscriptions533 533Customer00 533533139502‐6401‐550.27‐06 Employee Recognition266 266Customer00 266266140502‐6401‐550.27‐07 Mileage Reimbursement160 160Customer00 160160141502‐6401‐550.27‐21 Employee Recruitment‐ 0Customer00 00142Total Job Performance Expenses14,276 ‐ 14,276 ‐ ‐ 14,276 14,276 143502‐6401‐550.29‐07 Uncollectible Accounts15,981 15,981Customer00 15,981 15,981144502‐6401‐550.29‐25 Promotion‐ 0Customer00 00145502‐6401‐550.29‐31 Uncollected Taxes‐ 0Customer00 00146Total Other Current Expenses15,981 ‐ 15,981 ‐ ‐ 15,981 15,981 147Total Current Expenditures478,914 ‐ 478,914 ‐ ‐ 478,914 478,914 Administration/General148502‐6501‐560.11‐01 Supervisors172,182 172,182 Total Labor W/O A&G0 153,998 18,184 172,182149502‐6501‐560.11‐02 Regular Staff429,569 429,569 Total Labor W/O A&G0 384,202 45,366 429,569150502‐6501‐560.11‐03 Seasonal Staff‐ 0 Total Labor W/O A&G00 00151502‐6501‐560.11‐04 Staff Overtime26,634 26,634 Total Labor W/O A&G0 23,822 2,813 26,634152Total Personal Service/Salaries628,3850628,3850 562,022 66,363 628,385153502‐6501‐560.13‐01 Cell Phone2,918 2,918 Total Labor W/O A&G0 2,610 308 2,918154502‐6501‐560.13‐03 Vehicle Allowance‐ 0 Total Labor W/O A&G00 00155Total Additional Compensation2,918 ‐ 2,918 ‐ 2,610 308 2,918 156502‐6501‐560.14‐11 Medical Insurance81,835 81,835 Total Labor W/O A&G0 73,192 8,642 81,835157502‐6501‐560.14‐12 Life Insurance1,817 1,817 Total Labor W/O A&G0 1,625 192 1,817158502‐6501‐560.14‐14 Employee Assistance Prog461 461 Total Labor W/O A&G0 413 49461159502‐6501‐560.14‐15 Dental Insurance7,639 7,639 Total Labor W/O A&G0 6,832 807 7,639160502‐6501‐560.14‐16 Vision Insurance2,138 2,138 Total Labor W/O A&G0 1,912 226 2,138161502‐6501‐560.14‐17 MASA833 833 Total Labor W/O A&G0 745 88833162502‐6501‐560.14‐18 Telephone Doc404 404 Total Labor W/O A&G0 361 43404163502‐6501‐560.14‐21 Taxes/FICA‐Medicare51,147 51,147 Total Labor W/O A&G0 45,746 5,402 51,147164502‐6501‐560.14‐31 Retirement/ICMA 401(A)6,164 6,164 Total Labor W/O A&G0 5,513 651 6,164165502‐6501‐560.14‐32 Retirement/PERA78,563 78,563 Total Labor W/O A&G0 70,266 8,297 78,563166502‐6501‐560.14‐35 Retirement/ F.P.P.A‐ 0 Total Labor W/O A&G00 00Prepared by NewGen Strategies and Solutions Page 5 of 11DRAFT80
Estes Park Power and CommunicationsSchedule 2Functional Unbundling of Test Year Revenue RequirementABCDEFGHIJLine No. Account Account Description Test Year 2022 Adjustments Adjusted Test Year Allocation Factor Purchased PowerDistribution Customer Total167502‐6501‐560.14‐41 Workers' Compensation3,277 3,277 Total Labor W/O A&G0 2,931 346 3,277168502‐6501‐560.14‐90 Pension Benefit Expense‐ 0 Total Labor W/O A&G00 00169502‐6501‐560.14‐99 Salary Capital Contra Act‐ 0 Total Labor W/O A&G00 00170Total Employer Benefits234,278 ‐ 234,278 ‐ 209,537 24,742 234,278 171502‐6501‐560.21‐01 Property34,397 34,397 Total Gross Plant0 34,397 0 34,397172502‐6501‐560.21‐02 Liability9,493 9,493 Total Gross Plant0 9,493 0 9,493173Total Insurance Premiums43,891 ‐ 43,891 ‐ 43,891 ‐ 43,891 174502‐6501‐560.22‐01 Auditing24,504 24,504RevReq10,991 12,608 904 24,504175502‐6501‐560.22‐02 Engineering15,981 15,981 Distribution0 15,981 0 15,981176502‐6501‐560.22‐06 Medical2,267 2,267 Total Labor W/O A&G0 2,028 239 2,267177502‐6501‐560.22‐07 Recording Fees266 266 Distribution0 266 0266178502‐6501‐560.22‐08 Legal26,634 26,634 Distribution0 26,634 0 26,634179502‐6501‐560.22‐09 Info Technology Services129,996 129,996 Total Labor W/O A&G0 116,267 13,729 129,996180502‐6501‐560.22‐10 Bank Fees2,663 2,663 O&M W/O Fuel PP57 2,314 292 2,663181502‐6501‐560.22‐24 GIS42,615 42,615 Distribution0 42,615 0 42,615182502‐6501‐560.22‐33 Data Processing‐ 0NA00 00183502‐6501‐560.22‐89 Utility Financial Studies‐ 0NA00 00184502‐6501‐560.22‐98 Other64,789 64,789 Distribution0 64,789 0 64,789185Total Prof. Services/Fees309,7150309,71511,048 283,502 15,164 309,715186502‐6501‐560.23‐01 Publication Fees7,458 7,458 Total Labor W/O A&G0 6,670 788 7,458187Total Publishing7,458 ‐ 7,458 ‐ 6,670 788 7,458 188502‐6501‐560.24‐01 Equipment‐ 0NA00 00189502‐6501‐560.24‐02 Real Property95,884 95,884 Distribution0 95,884 0 95,884190502‐6501‐560.24‐03 Lease‐ 0NA00 00191Total Rentals95,884 ‐ 95,884 ‐ 95,884 ‐ 95,884 192502‐6501‐560.25‐01 Maintenance Contracts99,108 99,108 Total Gross Plant0 99,108 0 99,108193502‐6501‐560.25‐02 Buildings1,065 1,065 Total Gross Plant0 1,065 0 1,065194502‐6501‐560.25‐03 Furniture/Fixtures1,065 1,065 Total Gross Plant0 1,065 0 1,065195502‐6501‐560.25‐04 Vehcile Equipment53,269 53,269 Total Labor W/O A&G0 47,643 5,626 53,269196502‐6501‐560.25‐05 Machinery/Tools533 533 Distribution0 533 0533197502‐6501‐560.25‐09 Vehicle Repairs‐Fleet Shp138,499 138,499 Total Labor W/O A&G0 123,872 14,627 138,499198502‐6501‐560.25‐44 Future Vehicle Purchase‐ 0NA00 00199502‐6501‐560.25‐98 Other Equipment/Machinery533 533 Distribution0 533 0533200Total Repair and Maintenance294,071 ‐ 294,071 ‐ 273,819 20,252 294,071 Prepared by NewGen Strategies and Solutions Page 6 of 11DRAFT81
Estes Park Power and CommunicationsSchedule 2Functional Unbundling of Test Year Revenue RequirementABCDEFGHIJLine No. Account Account Description Test Year 2022 Adjustments Adjusted Test Year Allocation Factor Purchased PowerDistribution Customer Total201502‐6501‐560.26‐01 Office Supplies21,307 21,307 Total Labor W/O A&G0 19,057 2,250 21,307202502‐6501‐560.26‐02 Postage8,523 8,523 Total Labor W/O A&G0 7,623 900 8,523203502‐6501‐560.26‐03 Printing Forms1,065 1,065 Total Labor W/O A&G0 953 113 1,065204502‐6501‐560.26‐06 Small Tools533 533 Total Labor W/O A&G0 476 56533205502‐6501‐560.26‐13 Medical2,663 2,663 Total Labor W/O A&G0 2,382 281 2,663206502‐6501‐560.26‐14 Laboratory‐ 0NA00 00207502‐6501‐560.26‐15 Exhibit/Display138,499 138,499Customer00 138,499 138,499208502‐6501‐560.26‐17 Catering/Spec Circumstanc4,261 4,261 Total Labor W/O A&G0 3,811 450 4,261209502‐6501‐560.26‐23 Furniture/Fixtures5,327 5,327 Total Labor W/O A&G0 4,764 563 5,327210502‐6501‐560.26‐25 Energy Efficiency106,537 106,537 Total Labor W/O A&G0 95,286 11,251 106,537211502‐6501‐560.26‐32 Data Processing Software21,307 21,307 Total Labor W/O A&G0 19,057 2,250 21,307212502‐6501‐560.26‐33 Data Processing Equipment10,654 10,654 Total Labor W/O A&G0 9,529 1,125 10,654213502‐6501‐560.26‐39 Fuel & Oil53,269 53,269 Total Labor W/O A&G 0 47,643 5,626 53,269214502‐6501‐560.26‐42 Office Equipment3,196 3,196 Total Labor W/O A&G0 2,859 338 3,196215502‐6501‐560.26‐43 Heavy Equipment2,131 2,131 Total Labor W/O A&G0 1,906 225 2,131216502‐6501‐560.26‐46 Communication Equipment21,307 21,307 Total Labor W/O A&G0 19,057 2,250 21,307217Total Materials and Supplies400,581 ‐ 400,581 ‐ 234,404 166,177 400,581 218502‐6501‐560.27‐02 Uniform Allowance2,131 2,131 Total Labor W/O A&G0 1,906 225 2,131219502‐6501‐560.27‐03 Vehicle Allowance‐ 0NA00 00220502‐6501‐560.27‐04 Education/Training12,784 12,784 Total Labor W/O A&G0 11,434 1,350 12,784221502‐6501‐560.27‐05 Member Dues/Subscriptions13,850 13,850 Total Labor W/O A&G0 12,387 1,463 13,850222502‐6501‐560.27‐06 Employee Recognition3,729 3,729 Total Labor W/O A&G0 3,335 394 3,729223502‐6501‐560.27‐07 Mileage Reimbursement533 533 Total Labor W/O A&G0 476 56533224502‐6501‐560.27‐10 Meal Reimbursement‐Emerg.2,131 2,131 Total Labor W/O A&G0 1,906 225 2,131225502‐6501‐560.27‐21 Employee Recruitment‐ 0NA00 00226Total Job Performance Expenses35,157 ‐ 35,157 ‐ 31,444 3,713 35,157 227502‐6501‐560.28‐01 Telephone8,523 8,523 Total Labor W/O A&G0 7,623 900 8,523228502‐6501‐560.28‐02 Natural Gas9,588 9,588 Total Labor W/O A&G0 8,576 1,013 9,588229502‐6501‐560.28‐03 Electrical Energy56,465 56,465 Total Labor W/O A&G0 50,502 5,963 56,465230502‐6501‐560.28‐04 Water4,794 4,794 Total Labor W/O A&G0 4,288 506 4,794231502‐6501‐560.28‐05 Sewer1,598 1,598 Total Labor W/O A&G0 1,429 169 1,598232502‐6501‐560.28‐06 Trash Disposal13,850 13,850 Total Labor W/O A&G0 12,387 1,463 13,850233Total Utility Expenditures94,818 ‐ 94,818 ‐ 84,805 10,014 94,818 234502‐6501‐560.29‐06 Interest on Deposits1,278 1,278Customer00 1,278 1,278235502‐6501‐560.29‐08 Payment In Lieu Of Taxes10,603 10,603 RevReq 4,756 5,456 391 10,603Prepared by NewGen Strategies and Solutions Page 7 of 11DRAFT82
Estes Park Power and CommunicationsSchedule 2Functional Unbundling of Test Year Revenue RequirementABCDEFGHIJLine No. Account Account Description Test Year 2022 Adjustments Adjusted Test Year Allocation Factor Purchased PowerDistribution Customer Total236502‐6501‐560.29‐09 PUC Gross Receipt Taxes17,046 17,046RevReq7,646 8,771 629 17,046237502‐6501‐560.29‐10 Franchise Fees296,327 296,327RevReq132,918 152,475 10,934 296,327238502‐6501‐560.91‐28 Housing‐ 0NA00 00239Total Other Current Expenses325,254 ‐ 325,254 145,320 166,701 13,233 325,254 240Total Administration/General2,472,409 ‐ 2,472,409 156,368 1,995,287 320,754 2,472,409 241TOTAL CUSTOMER SERVICE2,951,323 ‐ 2,951,323 156,368 1,995,287 799,668 2,951,323 242Total O&M Expense 15,434,578 0 15,434,578 8,296,764 6,338,146 799,668 15,434,578243Total O&M Expense Excluding Purchased Power & Depr.7,294,182 0 7,294,182 156,368 6,338,146 799,668 7,294,182244Debt Service:245502‐6700‐470.22‐10 Bank Fees‐ 0NA00 00246502‐6700‐470.29‐67 Amort Exp/Bond Issue Cost‐ 0NA00 00247502‐6700‐470.41‐01 Principal on Bonds400,000 400,000 Total Net Plant0 400,000 0 400,000248502‐6700‐470.41‐02 Interest on Bonds191,300 191,300 Total Net Plant0 191,300 0 191,300249502‐6700‐470.41‐05 Principal/Capital Lease‐ 0NA00 00250502‐6700‐470.41‐06 Interest/Capital Lease‐ 0NA00 00251Total Debt Service591,300 0 591,300 0 591,300 0 591,300252Other Funds253502‐6600‐491.90‐01 General1,998,043 1,998,043 Distribution0 1,998,043 0 1,998,043254502‐6600‐491.90‐04 Community Reinvestment‐ 0NA00 00255502‐6600‐491.90‐06 Medical Insurance‐ 0NA00 00256502‐6600‐491.90‐07 Museum‐ 0NA00 00257502‐6600‐491.90‐29 Fire Service Fund‐ 0NA00 00258502‐6600‐491.90‐35 Vehicle Replacement‐ 0NA00 00259502‐6600‐491.92‐31 Urban Renewal Authority‐ 0NA00 00260Total Other Funds1,998,043 0 1,998,043 0 1,998,043 0 1,998,043261Change in Working Capital112,267 112,267 O&M W/O Fuel PP 2,407 97,552 12,308 112,267262Capital Paid from Current Earnings263502‐7001‐580.32‐22 Building Remodeling‐ 0NA00 00264502‐7001‐580.33‐30 Station Equipment‐ 0NA00 00265502‐7001‐580.33‐31 Furniture/Fixtures‐ 0NA00 00Prepared by NewGen Strategies and Solutions Page 8 of 11DRAFT83
Estes Park Power and CommunicationsSchedule 2Functional Unbundling of Test Year Revenue RequirementABCDEFGHIJLine No. Account Account Description Test Year 2022 Adjustments Adjusted Test Year Allocation Factor Purchased PowerDistribution Customer Total266502‐7001‐580.33‐32 Office Equipment‐ 0NA00 00267502‐7001‐580.33‐33 Data Processing Equipment‐ 0NA00 00268502‐7001‐580.33‐34 Meters106,537 106,537 Distribution0 106,537 0 106,537269502‐7001‐580.33‐35 Transformers159,806 159,806 Distribution0 159,806 0 159,806270502‐7001‐580.33‐36 Communication Equipment170,460 170,460 Total Labor0 152,458 18,002 170,460271502‐7001‐580.33‐37 Laboratory Equipment‐ 0NA00 00272502‐7001‐580.33‐38 Shop Equipment‐ 0NA00 00273502‐7001‐580.33‐39 Stores Equipment‐ 0NA00 00274502‐7001‐580.33‐41 Tools26,634 26,634 Distribution0 26,634 0 26,634275502‐7001‐580.33‐98 Other Equipment172,591 172,591 Distribution0 172,591 0 172,591276502‐7001‐580.34‐42 Trucks372,881 372,881 Total Labor0 333,502 39,380 372,881277502‐7001‐580.34‐98 Other Machinery/Equipment‐ 0NA00 00278502‐7001‐580.35‐55 Street Lights21,307 21,307 Distribution0 21,307 0 21,307279502‐7001‐580.35‐56 Poles/Towers/Fixtures‐ 0NA00 00280502‐7001‐580.35‐57 Power Line Construction312,732 312,732 Distribution0 312,732 0 312,732281502‐7001‐580.35‐58 Inactive Underground‐ 0NA00 00282502‐7001‐580.35‐59 Customer Service Lines319,612 319,612 Customer 0 0 319,612 319,612283502‐7001‐580.35‐62 UT System Master Plan‐ 0NA00 00284502‐7001‐580.35‐66 Fiber Optic Install‐ 0NA00 00285502‐7001‐580.37‐01 Software Development85,230 85,230 Distribution0 85,230 0 85,230286Total Capital 1,747,792 0 1,747,792 0 1,370,798 376,994 1,747,792287Subtotal Revenue Requirement 19,883,980 0 19,883,980 8,299,171 10,395,839 1,188,970 19,883,980288Less Other Income289Additional Heater656 656Customer00 656656290Customer Contribution319,612319,612 Distribution0 319,612 0 319,612291Investment Income69,91369,913RevReq31,360 35,974 2,580 69,913292Info Technology Services00Customer00 00293Pole Rental9,0009,000 Distribution0 9,000 0 9,000294Vehicle Work Orders00Customer00 00295Field Work Orders400,000400,000Customer00 400,000 400,000296Development Fees00Customer00 00297Meter Reading40,00040,000Customer00 40,000 40,000298Buildings00Customer00 00299Other50,00050,000Customer00 50,000 50,000300Fiberoptic Lease00Customer00 00301Special Initial Reads13,00013,000Customer00 13,000 13,000302Outdoor Area Lights9,552 9,552 Distribution0 9,552 0 9,552Prepared by NewGen Strategies and Solutions Page 9 of 11DRAFT84
Estes Park Power and CommunicationsSchedule 2Functional Unbundling of Test Year Revenue RequirementABCDEFGHIJLine No. Account Account Description Test Year 2022 Adjustments Adjusted Test Year Allocation Factor Purchased PowerDistribution Customer Total303Surge Arrestor895 895 Distribution0 895 0895304Write Off2,608 2,608Customer00 2,608 2,608305Electric Metering1,135 1,135 Distribution0 1,135 0 1,135306Total Miscellaneous Revenue916,3720916,37231,360 376,168 508,844 916,372307Total Other Income916,372 0 916,372 31,360 376,168 508,844 916,372308Forecasted Under‐Recovery (per Financial Plan)535,391535,391 Distribution0 535,391 0 535,391309Total O&M Expense15,434,578 0 15,434,578 8,296,764 6,338,146 799,668 15,434,578310Debt Service591,300 0 591,300 0 591,300 0 591,300311Total Other Funds1,998,043 0 1,998,043 0 1,998,043 0 1,998,043312Change in Working Capital112,267 0 112,267 2,407 97,552 12,308 112,267313Capital Paid from Current Earnings1,747,792 0 1,747,792 0 1,370,798 376,994 1,747,792314Less Other Income916,372 0 916,372 31,360 376,168 508,844 916,372315Less Planned Under‐Recovery (per Financial Plan)535,391 0 535,391 0 535,391 0 535,391316Total Revenue Requirement18,432,217018,432,2178,267,811 9,484,280 680,126 18,432,217317ALLOCATION FACTORS318Direct Assignment Allocators319100 1320Purchased Power FunctionPurchased Power100%0% 0% 100%321010 1322Distribution FunctionDistribution 0% 100% 0% 100%323001 1324Customer FunctionCustomer 0% 0% 100% 100%325Derived Allocations326100 1327Purchased Power AllocationPurchased Power Allocation100%0% 0% 100%3288,267,811 9,484,280 680,126 18,432,217329Total Revenue RequirementRevReq 45% 51% 4% 100%330010 1331Total CapitalTotal Capital 0% 100% 0% 100%332010 1333Total DebtTotal Debt 0% 100% 0% 100%Prepared by NewGen Strategies and Solutions Page 10 of 11DRAFT85
Estes Park Power and CommunicationsSchedule 2Functional Unbundling of Test Year Revenue RequirementABCDEFGHIJLine No. Account Account Description Test Year 2022 Adjustments Adjusted Test Year Allocation Factor Purchased PowerDistribution Customer Total3340 2,525,363 298,193 2,823,555335Total Labor (Includes Cust. Billing xfer)Total Labor0% 89% 11% 100%336Purchased Power00337Transmission0338Distribution1,963,341 1,963,341339Customer Service231,830 231,830340Subtotal0 1,963,341 231,830 2,195,171341Total Labor Without A>otal Labor W/O A&G0% 89% 11% 100%3428,296,764 6,338,146 799,668 15,434,578343Total O&MO&M 54% 41% 5% 100%344156,368 6,338,146 799,668 7,294,182345Total O&M without the Purchased Power cost from PRPAO&M W/O Fuel PP2% 87% 11% 100%3460 16,110,397 0 16,110,397347Total Net PlantTotal Net Plant 0% 100% 0% 100%Prepared by NewGen Strategies and Solutions Page 11 of 11DRAFT86
Estes Park Power and CommunicationsSchedule 3Classification of Purchased Power CostsABCDEFGHIJKLMNOLine No. Account Account Description Test Year 2022 Allocation Factor Customer GFT & OtherEnergy Summer (En)Energy Non‐Summer (En)Renewable tariff 7 AdderRenewable Intermittent AdderDemand Smmer (D)Demand Non‐Summer (D)Demand Transmission DA RMNP Total1Operation and Maintenance Ex2Purchased Power3502‐6100‐520.28‐08Purchased Power Supply8,140,396 PP509,5560 1,360,770 3,217,7080 385,609 432,250 715,416 1,519,087 0 8,140,3964502‐6100‐520.28‐18Wind Power‐ NA000000000 005502‐6100‐520.28‐19Wheeling Chgs‐FR Hydro‐ NA000000000 006Total Purchased Power8,140,396 509,556 ‐ 1,360,770 3,217,708 ‐ 385,609 432,250 715,416 1,519,087 ‐ 8,140,396 7TOTAL PURCHASED POWER8,140,396 509,556 ‐ 1,360,770 3,217,708 ‐ 385,609 432,250 715,416 1,519,087 ‐ 8,140,3968Distribution9502‐6301‐540.11‐01Supervisors‐ NA000000000 0010502‐6301‐540.11‐02Regular Staff‐ NA000000000 0011502‐6301‐540.11‐03Seasonal Staff‐ NA000000000 0012502‐6301‐540.11‐04Staff Overtime‐ NA000000000 0013502‐6301‐540.11‐05Seasonal Overtime‐ NA000000000 0014Total Personal Services/Salaries0000000000 0015502‐6301‐540.13‐01Cell Phone‐ NA000000000 0016502‐6301‐540.13‐03Vehicle Allowance‐ NA000000000 0017Total Additional Compensation‐ NA000000000 0018502‐6301‐540.14‐11Medical Insurance‐ NA000000000 0019502‐6301‐540.14‐12Life Insurance‐ NA000000000 0020502‐6301‐540.14‐14Employee Assistance Prog‐ NA000000000 0021502‐6301‐540.14‐15Dental Insurance‐ NA000000000 0022502‐6301‐540.14‐16Vision Insurance‐ NA000000000 0023502‐6301‐540.14‐17MASA‐ NA000000000 0024502‐6301‐540.14‐18Telephone Doc‐ NA000000000 0025502‐6301‐540.14‐21Taxes/FICA‐Medicare‐ NA000000000 0026502‐6301‐540.14‐31Retirement/ICMA 401(A)‐ NA000000000 0027502‐6301‐540.14‐32Retirement/PERA‐ NA000000000 0028502‐6301‐540.14‐41Workers' Compensation‐ NA000000000 0029502‐6301‐540.14‐90Pension Benefit Expense‐ NA000000000 0030502‐6301‐540.14‐99Salary Capital Contra Act‐ NA000000000 0031Total Employer Benefits0000000000 0032502‐6301‐540.21‐01Property0NA000000000 0033502‐6301‐540.21‐02Liability0NA000000000 0034502‐6301‐540.21‐50Unemployment0NA000000000 0035Total Insurance Premiums‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 36502‐6301‐540.22‐02Engineering‐ NA000000000 0037502‐6301‐540.22‐13Contract/Skilled Services‐ NA000000000 0038502‐6301‐540.22‐14Lab Testing‐ NA000000000 0039502‐6301‐540.22‐24GIS‐ NA000000000 0040502‐6301‐540.22‐26Insurance Calims‐ NA000000000 0041502‐6301‐540.22‐30Land Use Fees‐ NA000000000 0042502‐6301‐540.22‐98Other‐ NA000000000 0043Total Prof. Services/Fees‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 44502‐6301‐540.24‐02Real Property‐ NA000000000 0045Total Rentals‐ 000000000 00Prepared by NewGen Strategies and Solutions Page 1 of 8DRAFT87
Estes Park Power and CommunicationsSchedule 3Classification of Purchased Power CostsABCDEFGHIJKLMNOLine No. Account Account Description Test Year 2022 Allocation Factor Customer GFT & OtherEnergy Summer (En)Energy Non‐Summer (En)Renewable tariff 7 AdderRenewable Intermittent AdderDemand Smmer (D)Demand Non‐Summer (D)Demand Transmission DA RMNP Total46502‐6301‐540.25‐01Maintenance Contracts‐ NA000000000 0047502‐6301‐540.25‐02Buildings‐ NA000000000 0048502‐6301‐540.25‐05Machinery/Tools‐ NA000000000 0049502‐6301‐540.25‐06Meters‐ NA000000000 0050502‐6301‐540.25‐07Transformer‐ NA000000000 0051502‐6301‐540.25‐08Laboratory‐ NA000000000 0052502‐6301‐540.25‐30Street Lights‐ NA000000000 0053502‐6301‐540.25‐31Substation‐ NA000000000 0054502‐6301‐540.25‐32Power Line Maintenance‐ NA000000000 0055502‐6301‐540.25‐33Inactive Underground Main‐ NA000000000 0056502‐6301‐540.25‐34Customer Service Lines‐ NA000000000 0057502‐6301‐540.25‐98Other Equipment/Machinery‐ NA000000000 0058Total Repair and Maintenance0000000000 0059502‐6301‐540.26‐01Office Supplies‐ NA000000000 0060502‐6301‐540.26‐04Freight/Shipping‐ NA000000000 0061502‐6301‐540.26‐05Janitorial‐ NA000000000 0062502‐6301‐540.26‐06Small Tools‐ NA000000000 0063502‐6301‐540.26‐07Small Hardware‐ NA000000000 0064502‐6301‐540.26‐19Traffic Control‐ NA000000000 0065502‐6301‐540.26‐20Electrical‐ NA000000000 0066502‐6301‐540.26‐33Data Processing Equipment‐ NA000000000 0067502‐6301‐540.26‐34Meters‐ NA000000000 0068502‐6301‐540.26‐48Shop Equipment‐ NA000000000 0069502‐6301‐540.26‐55Street Lights‐ NA000000000 0070502‐6301‐540.26‐57Overhead Lines‐ NA000000000 00Total Materials and Supplies071502‐6301‐540.27‐01Personal Safety Equipment‐ NA000000000 0072502‐6301‐540.27‐03Vehicle Allowance‐ NA000000000 0073502‐6301‐540.27‐04Education/Training‐ NA000000000 0074502‐6301‐540.27‐06Employee Recognition‐ NA000000000 0075502‐6301‐540.27‐07Mileage Reimbursement‐ NA000000000 0076502‐6301‐540.27‐21Employee Recruitment‐ NA000000000 0077Total Job Performance Expenses0000000000 0078502‐6301‐540.29‐90Short/Over Inventory Acct‐ NA000000000 0079502‐6301‐540.29‐95Depreciation‐ NA000000000 0080502‐6301‐540.29‐97Accumulated Pant‐ NA000000000 00Total Other Current Expenses081TOTAL DISTRIBUTION0NA000000000 0082Customer ServicesCurrent Expenditures83502‐6401‐550.11‐01Supervisors‐ NA000000000 0084502‐6401‐550.11‐02Regular Staff‐ NA000000000 0085502‐6401‐550.11‐03Seasonal Staff‐ NA000000000 0086502‐6401‐550.11‐04Staff Overtime‐ NA000000000 0087502‐6401‐550.11‐05Seasonal Overtime‐ NA000000000 0088Total Personal Service/Salaries‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ Prepared by NewGen Strategies and Solutions Page 2 of 8DRAFT88
Estes Park Power and CommunicationsSchedule 3Classification of Purchased Power CostsABCDEFGHIJKLMNOLine No. Account Account Description Test Year 2022 Allocation Factor Customer GFT & OtherEnergy Summer (En)Energy Non‐Summer (En)Renewable tariff 7 AdderRenewable Intermittent AdderDemand Smmer (D)Demand Non‐Summer (D)Demand Transmission DA RMNP Total89502‐6401‐550.13‐01Cell Phone‐ NA000000000 0090502‐6401‐550.13‐03Vehicle Allowance‐ NA000000000 0091Total Additional Compensation‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 92502‐6401‐550.14‐11Medical Insurance‐ NA000000000 0093502‐6401‐550.14‐12Life Insurance‐ NA000000000 0094502‐6401‐550.14‐14Employee Assistance Prog‐ NA000000000 0095502‐6401‐550.14‐15Dental Insurance‐ NA000000000 0096502‐6401‐550.14‐16Vision Insurance‐ NA000000000 0097502‐6401‐550.14‐17MASA‐ NA000000000 0098502‐6401‐550.14‐18Telephone Doc‐ NA000000000 0099502‐6401‐550.14‐21Taxes/FICA‐Medicare‐ NA000000000 00100502‐6401‐550.14‐31Retirement/ICMA 401(A)‐ NA000000000 00101502‐6401‐550.14‐32Retirement/PERA‐ NA000000000 00102502‐6401‐550.14‐41Workers' Compensation‐ NA000000000 00103502‐6401‐550.14‐90Pension Benefit Expense‐ NA000000000 00104502‐6401‐550.14‐99Salary Capital Contra Act‐ NA000000000 00105Total Employer Benefits‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 106502‐6401‐550.21‐02Liability‐ NA000000000 00107502‐6401‐550.21‐50Unemployment‐ NA000000000 00108Total Insurance Premiums‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 109502‐6401‐550.22‐09Info Technology Services‐ NA000000000 00110502‐6401‐550.22‐10Bank Fees‐ NA000000000 00111502‐6401‐550.22‐13Contract/Skilled Services‐ NA000000000 00112502‐6401‐550.22‐26Insurance Claims‐ NA000000000 00113502‐6401‐550.22‐98Other‐ NA000000000 00114Total Prof. Services/Fees‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 115502‐6401‐550.23‐01Publication Fees‐ NA000000000 00116Total Publishing‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 117502‐6401‐550.24‐01Equipment‐ NA000000000 00118502‐6401‐550.24‐03Lease‐ NA000000000 00119Total Rentals‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 120502‐6401‐550.25‐01Maintenance Contracts‐ NA000000000 00121502‐6401‐550.25‐03Furniture/Fixtures‐ NA000000000 00122502‐6401‐550.25‐98Other Equipment/Machinery‐ NA000000000 00123Total Repair and Maintenance‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 124502‐6401‐550.26‐01Office Supplies‐ NA000000000 00125502‐6401‐550.26‐02Postage‐ NA000000000 00126502‐6401‐550.26‐03Printing Forms‐ NA000000000 00127502‐6401‐550.26‐04Freight/Shipping‐ NA000000000 00128502‐6401‐550.26‐17Catering/Spec Circumstanc‐ NA000000000 00129502‐6401‐550.26‐23Furniture/Fixtures‐ NA000000000 00130502‐6401‐550.26‐32Data Processing Software‐ NA000000000 00131502‐6401‐550.26‐33Data Processing Equipment‐ NA000000000 00132502‐6401‐550.26‐42Office Equipment‐ NA000000000 00Prepared by NewGen Strategies and Solutions Page 3 of 8DRAFT89
Estes Park Power and CommunicationsSchedule 3Classification of Purchased Power CostsABCDEFGHIJKLMNOLine No. Account Account Description Test Year 2022 Allocation Factor Customer GFT & OtherEnergy Summer (En)Energy Non‐Summer (En)Renewable tariff 7 AdderRenewable Intermittent AdderDemand Smmer (D)Demand Non‐Summer (D)Demand Transmission DA RMNP Total133502‐6401‐550.26‐46Communication Equipment‐ NA000000000 00134Total Materials and Supplies‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 135502‐6401‐550.27‐04Education/Training‐ NA000000000 00136502‐6401‐550.27‐05Member Dues/Subscriptions‐ NA000000000 00137502‐6401‐550.27‐06Employee Recognition‐ NA000000000 00138502‐6401‐550.27‐07Mileage Reimbursement‐ NA000000000 00139502‐6401‐550.27‐21Employee Recruitment‐ NA000000000 00140Total Job Performance Expenses‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 141502‐6401‐550.29‐07Uncollectible Accounts‐ NA000000000 00142502‐6401‐550.29‐25Promotion‐ NA000000000 00143502‐6401‐550.29‐31Uncollected Taxes‐ NA000000000 00144Total Other Current Expenses‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 145Total Current Expenditures‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ Administration/General146502‐6501‐560.11‐01Supervisors‐ NA000000000 00147502‐6501‐560.11‐02Regular Staff‐ NA000000000 00148502‐6501‐560.11‐03Seasonal Staff‐ NA000000000 00149502‐6501‐560.11‐04Staff Overtime‐ NA000000000 00150Total Personal Service/Salaries‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 151502‐6501‐560.13‐01Cell Phone‐ NA000000000 00152502‐6501‐560.13‐03Vehicle Allowance‐ NA000000000 00153Total Additional Compensation‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 154502‐6501‐560.14‐11Medical Insurance‐ NA000000000 00155502‐6501‐560.14‐12Life Insurance‐ NA000000000 00156502‐6501‐560.14‐14Employee Assistance Prog‐ NA000000000 00157502‐6501‐560.14‐15Dental Insurance‐ NA000000000 00158502‐6501‐560.14‐16Vision Insurance‐ NA000000000 00159502‐6501‐560.14‐17MASA‐ NA000000000 00160502‐6501‐560.14‐18Telephone Doc‐ NA000000000 00161502‐6501‐560.14‐21Taxes/FICA‐Medicare‐ NA000000000 00162502‐6501‐560.14‐31Retirement/ICMA 401(A)‐ NA000000000 00163502‐6501‐560.14‐32Retirement/PERA‐ NA000000000 00164502‐6501‐560.14‐35Retirement/ F.P.P.A‐ NA000000000 00165502‐6501‐560.14‐41Workers' Compensation‐ NA000000000 00166502‐6501‐560.14‐90Pension Benefit Expense‐ NA000000000 00167502‐6501‐560.14‐99Salary Capital Contra Act‐ NA000000000 00168Total Employer Benefits‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 169502‐6501‐560.21‐01Property‐ NA000000000 00170502‐6501‐560.21‐02Liability‐ NA000000000 00171Total Insurance Premiums‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 172502‐6501‐560.22‐01Auditing10,991 General Fund Transfer & Other0 10,9910000000 0 10,991173502‐6501‐560.22‐02Engineering‐ NA000000000 00174502‐6501‐560.22‐06Medical‐ NA000000000 00Prepared by NewGen Strategies and Solutions Page 4 of 8DRAFT90
Estes Park Power and CommunicationsSchedule 3Classification of Purchased Power CostsABCDEFGHIJKLMNOLine No. Account Account Description Test Year 2022 Allocation Factor Customer GFT & OtherEnergy Summer (En)Energy Non‐Summer (En)Renewable tariff 7 AdderRenewable Intermittent AdderDemand Smmer (D)Demand Non‐Summer (D)Demand Transmission DA RMNP Total175502‐6501‐560.22‐07Recording Fees‐ NA000000000 00176502‐6501‐560.22‐08Legal‐ NA000000000 00177502‐6501‐560.22‐09Info Technology Services‐ NA000000000 00178502‐6501‐560.22‐10Bank Fees57 General Fund Transfer & Other057 0 0 0 0 00 0057179502‐6501‐560.22‐24GIS‐ NA000000000 00180502‐6501‐560.22‐33Data Processing‐ NA000000000 00181502‐6501‐560.22‐89Utility Financial Studies‐ NA000000000 00182502‐6501‐560.22‐98Other‐ NA000000000 00183Total Prof. Services/Fees11,048 ‐ 11,048 ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 11,048 184502‐6501‐560.23‐01Publication Fees‐ NA000000000 00185Total Publishing‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 186502‐6501‐560.24‐01Equipment‐ NA000000000 00187502‐6501‐560.24‐02Real Property‐ NA000000000 00188502‐6501‐560.24‐03Lease‐ NA000000000 00189Total Rentals‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 190502‐6501‐560.25‐01Maintenance Contracts‐ NA000000000 00191502‐6501‐560.25‐02Buildings‐ NA000000000 00192502‐6501‐560.25‐03Furniture/Fixtures‐ NA000000000 00193502‐6501‐560.25‐04Vehcile Equipment‐ NA000000000 00194502‐6501‐560.25‐05Machinery/Tools‐ NA000000000 00195502‐6501‐560.25‐09Vehicle Repairs‐Fleet Shp‐ NA000000000 00196502‐6501‐560.25‐44Future Vehicle Purchase‐ NA000000000 00197502‐6501‐560.25‐98Other Equipment/Machinery‐ NA000000000 00198Total Repair and Maintenance‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 199502‐6501‐560.26‐01Office Supplies‐ NA000000000 00200502‐6501‐560.26‐02Postage‐ NA000000000 00201502‐6501‐560.26‐03Printing Forms‐ NA000000000 00202502‐6501‐560.26‐06Small Tools‐ NA000000000 00203502‐6501‐560.26‐13Medical‐ NA000000000 00204502‐6501‐560.26‐14Laboratory‐ NA000000000 00205502‐6501‐560.26‐15Exhibit/Display‐ NA000000000 00206502‐6501‐560.26‐17Catering/Spec Circumstanc‐ NA000000000 00207502‐6501‐560.26‐23Furniture/Fixtures‐ NA000000000 00208502‐6501‐560.26‐25Energy Efficiency‐ NA000000000 00209502‐6501‐560.26‐32Data Processing Software‐ NA000000000 00210502‐6501‐560.26‐33Data Processing Equipment‐ NA000000000 00211502‐6501‐560.26‐39Fuel & Oil‐ NA000000000 00212502‐6501‐560.26‐42Office Equipment‐ NA000000000 00213502‐6501‐560.26‐43Heavy Equipment‐ NA000000000 00214502‐6501‐560.26‐46Communication Equipment‐ NA000000000 00215Total Materials and Supplies‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 216502‐6501‐560.27‐02Uniform Allowance‐ NA000000000 00217502‐6501‐560.27‐03Vehicle Allowance‐ NA000000000 00218502‐6501‐560.27‐04Education/Training‐ NA000000000 00219502‐6501‐560.27‐05Member Dues/Subscriptions‐ NA000000000 00220502‐6501‐560.27‐06Employee Recognition‐ NA000000000 00Prepared by NewGen Strategies and Solutions Page 5 of 8DRAFT91
Estes Park Power and CommunicationsSchedule 3Classification of Purchased Power CostsABCDEFGHIJKLMNOLine No. Account Account Description Test Year 2022 Allocation Factor Customer GFT & OtherEnergy Summer (En)Energy Non‐Summer (En)Renewable tariff 7 AdderRenewable Intermittent AdderDemand Smmer (D)Demand Non‐Summer (D)Demand Transmission DA RMNP Total221502‐6501‐560.27‐07Mileage Reimbursement‐ NA000000000 00222502‐6501‐560.27‐10Meal Reimbursement‐Emerg.‐ NA000000000 00223502‐6501‐560.27‐21Employee Recruitment‐ NA000000000 00224Total Job Performance Expenses‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 225502‐6501‐560.28‐01Telephone‐ NA000000000 00226502‐6501‐560.28‐02Natural Gas‐ NA000000000 00227502‐6501‐560.28‐03Electrical Energy‐ NA000000000 00228502‐6501‐560.28‐04Water‐ NA000000000 00229502‐6501‐560.28‐05Sewer‐ NA000000000 00230502‐6501‐560.28‐06Trash Disposal‐ NA000000000 00231Total Utility Expenditures‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 232502‐6501‐560.29‐06Interest on Deposits‐ NA000000000 00233502‐6501‐560.29‐08Payment In Lieu Of Taxes4,756 General Fund Transfer & Other0 4,7560000000 0 4,756234502‐6501‐560.29‐09PUC Gross Receipt Taxes7,646 General Fund Transfer & Other0 7,6460000000 0 7,646235502‐6501‐560.29‐10Franchise Fees132,918 General Fund Transfer & Other0 132,918 0 0 0 0 0 0 0 0 132,918236502‐6501‐560.91‐28Housing‐ NA000000000 00237Total Other Current Expenses145,320 ‐ 145,320 ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 145,320 238Total Administration/General156,368 ‐ 156,368 ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 156,368 239TOTAL CUSTOMER SERVICE156,368 ‐ 156,368 ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 156,368 240Total O&M Expense without Depr. Exp.8,296,764509,556 156,368 1,360,770 3,217,708 0 385,609 432,250 715,416 1,519,087 0 8,296,764241Total O&M Expense Excluding Purchased Power & Depr.156,368 0 156,368 0 0 0 0 0 0 0 0 156,368242Debt Service:243502‐6700‐470.22‐10Bank Fees‐ NA000000000 00244502‐6700‐470.29‐67Amort Exp/Bond Issue Cost‐ NA000000000 00245502‐6700‐470.41‐01Principal on Bonds‐ NA000000000 00246502‐6700‐470.41‐02Interest on Bonds‐ NA000000000 00247502‐6700‐470.41‐05Principal/Capital Lease‐ NA000000000 00248502‐6700‐470.41‐06Interest/Capital Lease‐ NA000000000 00249Total Debt Service000000000000250Other Funds251502‐6600‐491.90‐01General‐ General Fund Transfer & Other00 0 00 0 00 000252502‐6600‐491.90‐04Community Reinvestment‐ NA000000000 00253502‐6600‐491.90‐06Medical Insurance‐ NA000000000 00254502‐6600‐491.90‐07Museum‐ NA000000000 00255502‐6600‐491.90‐29Fire Service Fund‐ NA000000000 00256502‐6600‐491.90‐35Vehicle Replacement‐ NA000000000 00257502‐6600‐491.92‐31Urban Renewal Authority‐ NA000000000 00258Total Other Funds000000000000Prepared by NewGen Strategies and Solutions Page 6 of 8DRAFT92
Estes Park Power and CommunicationsSchedule 3Classification of Purchased Power CostsABCDEFGHIJKLMNOLine No. Account Account Description Test Year 2022 Allocation Factor Customer GFT & OtherEnergy Summer (En)Energy Non‐Summer (En)Renewable tariff 7 AdderRenewable Intermittent AdderDemand Smmer (D)Demand Non‐Summer (D)Demand Transmission DA RMNP Total259Change in Working Capital2,407 General Fund Transfer & Other0 2,407 0 0 0 0 0 0 0 0 2,407260Capital Paid from Current Earnings261502‐7001‐580.32‐22Building Remodeling‐ NA000000000 00262502‐7001‐580.33‐30Station Equipment‐ NA000000000 00263502‐7001‐580.33‐31Furniture/Fixtures‐ NA000000000 00264502‐7001‐580.33‐32Office Equipment‐ NA000000000 00265502‐7001‐580.33‐33Data Processing Equipment‐ NA000000000 00266502‐7001‐580.33‐34Meters‐ NA000000000 00267502‐7001‐580.33‐35Transformers‐ NA000000000 00268502‐7001‐580.33‐36Communication Equipment‐ NA000000000 00269502‐7001‐580.33‐37Laboratory Equipment‐ NA000000000 00270502‐7001‐580.33‐38Shop Equipment‐ NA000000000 00271502‐7001‐580.33‐39Stores Equipment‐ NA000000000 00272502‐7001‐580.33‐41Tools‐ NA000000000 00273502‐7001‐580.33‐98Other Equipment‐ NA000000000 00274502‐7001‐580.34‐42Trucks‐ NA000000000 00275502‐7001‐580.34‐98Other Machinery/Equipment‐ NA000000000 00276502‐7001‐580.35‐55Street Lights‐ NA000000000 00277502‐7001‐580.35‐56Poles/Towers/Fixtures‐ NA000000000 00278502‐7001‐580.35‐57Power Line Construction‐ NA000000000 00279502‐7001‐580.35‐58Inactive Underground‐ NA000000000 00280502‐7001‐580.35‐59Customer Service Lines‐ NA000000000 00281502‐7001‐580.35‐62UT System Master Plan‐ NA000000000 00282502‐7001‐580.35‐66Fiber Optic Install‐ NA000000000 00283502‐7001‐580.37‐01Software Development‐ NA000000000 00284Total Capital 000000000000285Subtotal Revenue Requirement 8,299,171 509,556 158,775 1,360,770 3,217,708 0 385,609 432,250 715,416 1,519,087 0 8,299,171286Less Other Income287Additional Heater‐ NA000000000 00288Customer Contribution‐ NA000000000 00289Investment Income31,360 eneral Fund Transfer & Oth0 31,3600000000 0 31,360290Info Technology Services‐ NA000000000 00291Pole Rental‐ NA000000000 00292Vehicle Work Orders‐ NA000000000 00293Field Work Orders‐ NA000000000 00294Development Fees‐ NA000000000 00295Meter Reading‐ NA000000000 00296Buildings‐ NA000000000 00297Other‐ NA000000000 00298Fiberoptic Lease‐ NA000000000 00299Special Initial Reads‐ NA000000000 00300Outdoor Area Lights‐ NA000000000 00301Surge Arrestor‐ NA000000000 00302Write Off‐ NA000000000 00303Electric Metering‐ NA000000000 00304Total Miscellaneous Revenue31,3600 31,3600000000 0 31,360Prepared by NewGen Strategies and Solutions Page 7 of 8DRAFT93
Estes Park Power and CommunicationsSchedule 3Classification of Purchased Power CostsABCDEFGHIJKLMNOLine No. Account Account Description Test Year 2022 Allocation Factor Customer GFT & OtherEnergy Summer (En)Energy Non‐Summer (En)Renewable tariff 7 AdderRenewable Intermittent AdderDemand Smmer (D)Demand Non‐Summer (D)Demand Transmission DA RMNP Total305Total Other Income31,360 0 31,360 0 0 0 0 0 0 0 0 31,360306‐ NA00 0 00 0 00 000307156,3680 156,3680000000 0 156,368308Purchased Power8,140,396 509,556 0 1,360,770 3,217,708 0 385,609 432,250 715,416 1,519,087 0 8,140,396309Debt Service000000000000310Total Other Funds000000000000311Change in Working Capital2,407 0 2,407 0 0 0 0 0 0 0 0 2,407312Capital Paid from Current Earnings000000000000313Less Other Income31,360 0 31,360 0 0 0 0 0 0 0 0 31,360314000000000000315Total Revenue Requirement8,267,811509,556 127,415 1,360,770 3,217,7080 385,609 432,250 715,416 1,519,087 0 8,267,811316ALLOCATION FACTORS317Production Allocation Factors31810 0 00 0 00 001319CustomerCustomer100%0%0%0% 0%0%0% 0%0% 0% 100%32001 0 00 0 00 001321General Fund Transfer and OtherGeneral Fund Transfer & Other0% 100% 0% 0% 0% 0% 0% 0% 0% 0% 100%32200 1 00 0 00 001323Energy SummerEnergy Summer0%0% 100%0% 0%0%0% 0%0% 0% 100%32400 0 10 0 00 001325Energy Non‐SummerEnergy Non‐Summer0%0%0%100% 0%0%0% 0%0% 0% 100%32600 0 01 0 00 001327Renewable Tariff 7 AdderRenewable Tariff 7 Adder0% 0% 0% 0% 100% 0% 0% 0% 0% 0% 100%32800 0 00 1 00 001329Renewable Intermittent AdderRenewable Intermittent Adder0% 0% 0% 0% 0% 100% 0% 0% 0% 0% 100%33000 0 00 0 10 001331Demand SummerDemand Summer0%0%0%0% 0%0%100% 0%0% 0% 100%33200 0 00 0 01 001333Demand Non‐SummerDemand Non‐Summer0%0%0%0% 0%0%0% 100%0% 0% 100%33400 0 00 0 00 101335Demand TransmissionDemand Transmission0%0%0%0% 0%0%0% 0% 100% 0% 100%33600 0 00 0 00 011337DA RMNPDA RMNP0%0%0%0% 0%0%0% 0%0% 100% 100%338509,556 127,415 1,360,770 3,217,7080 385,609 432,250 715,416 1,519,087 0 8,267,811339Production revenue requirementProd_revenue reqt6%2% 16%39% 0%5%5% 9%18% 0% 100%340509,5560 1,360,770 3,217,7080 385,609 432,250 715,416 1,519,087 0 8,140,396341Purchased PowerPP6%0% 17%40% 0%5%5% 9%19% 0% 100%342509,556 156,368 1,360,770 3,217,7080 385,609 432,250 715,416 1,519,087 0 8,296,764343Total O&MTotal O&M6%2% 16%39% 0%5%5% 9%18% 0% 100%34400 0 00 0 00 000345Not ApplicableNA0%0%0%0% 0%0%0% 0%0% 0% 0%3460 156,3680000000 0 156,368347Production Revenue Requirement w/o fuel and PPProd_No Fuel & PP 0% 100% 0% 0% 0% 0% 0% 0% 0% 0% 100%Forecasted Under‐Recovery (per Financial Plan)Total O&M Expense without Depr or PPLess Planned Under‐Recovery (per Financial Plan)Prepared by NewGen Strategies and Solutions Page 8 of 8DRAFT94
Estes Park Power and CommunicationsSchedule 4Classification of Distribution CostsABCDEFGHIJKLMNOPLineTest YearDemand RelatedCustomer RelatedDirect AssignmentNo.Account2022Allocation Factor Substations Overhead‐D Underground‐D Transformers‐D Overhead‐C Underground‐C Transformers‐C Services Metering Outdoor Ltg Street Ltg Total12Component Demand RelatedCustomer Related3Overhead60%40%4Underground60%40%5Transformers60%40%6Operation and Maintenance Expense7Purchased Power8502‐6100‐520.28‐08 Purchased Power Supply‐ NA0000000 0 00009502‐6100‐520.28‐18 Wind Power‐ NA0000000 0 000010502‐6100‐520.28‐19 Wheeling Chgs‐FR Hydro‐ NA0000000 0 000011Total Purchased Power00000000 0 000012TOTAL PURCHASED POWER‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 13Distribution14502‐6301‐540.11‐01 Supervisors37,531 Total Plant12,811 5,1306,1312,509 3,420 4,087 1,673 697 1,07300 37,53115502‐6301‐540.11‐02 Regular Staff1,734,043 Total Plant591,917 237,027 283,250 115,919 158,018 188,833 77,279 32,212 49,58800 1,734,04316502‐6301‐540.11‐03 Seasonal Staff‐ NA0000000 0 000017502‐6301‐540.11‐04 Staff Overtime191,767 Total Plant65,460 26,213 31,325 12,819 17,475 20,883 8,546 3,562 5,48400 191,76718502‐6301‐540.11‐05 Seasonal Overtime‐ NA0000000 0 000019Total Personal Services/Salaries1,963,341670,188 268,369 320,705 131,248 178,913 213,803 87,498 36,472 56,14600 1,963,34120502‐6301‐540.13‐01 Cell Phone17,205 Labor5,235 3,7522,071896 2,485 1,361597 232 57600 17,20521502‐6301‐540.13‐03 Vehicle Allowance‐ NA0000000 0 000022Total Additional Compensation17,2055,235 3,7522,071896 2,485 1,361597 232 57600 17,20523502‐6301‐540.14‐11 Medical Insurance386,351 Labor117,558 84,260 46,515 20,116 55,791 30,553 13,411 5,212 12,93500 386,35124502‐6301‐540.14‐12 Life Insurance6,208 Labor1,889 1,354747323 896491215 84 20800 6,20825502‐6301‐540.14‐14 Employee Assistance Prog1,297 Labor395 28315668 18710345 17 4300 1,29726502‐6301‐540.14‐15 Dental Insurance26,177 Labor7,965 5,7093,1521,363 3,780 2,070909 353 87600 26,17727502‐6301‐540.14‐16 Vision Insurance6,225 Labor1,894 1,358749324 899492216 84 20800 6,22528502‐6301‐540.14‐17 MASA2,139 Labor651 466258111 30916974 29 7200 2,13929502‐6301‐540.14‐18 Telephone Doc1,037 Labor316 22612554 1508236 14 3500 1,03730502‐6301‐540.14‐21 Taxes/FICA‐Medicare146,224 Labor44,493 31,890 17,6057,613 21,115 11,564 5,076 1,973 4,89500 146,22431502‐6301‐540.14‐31 Retirement/ICMA 401(A)‐ NA0000000 0 000032502‐6301‐540.14‐32 Retirement/PERA284,304 Labor86,508 62,005 34,229 14,803 41,055 22,483 9,868 3,835 9,51800 284,30433502‐6301‐540.14‐41 Workers' Compensation24,744 Labor7,529 5,3972,9791,288 3,573 1,957859 334 82800 24,74434502‐6301‐540.14‐90 Pension Benefit Expense‐ NA0000000 0 000035502‐6301‐540.14‐99 Salary Capital Contra Act‐ NA0000000 0 000036Total Employer Benefits884,706269,197 192,948 106,516 46,063 127,756 69,964 30,709 11,935 29,61900 884,70637502‐6301‐540.21‐01 Property‐ NA0000000 0 000038502‐6301‐540.21‐02 Liability17,981 Labor5,471 3,9222,165936 2,597 1,422624 243 60200 17,98139502‐6301‐540.21‐50 Unemployment‐ NA0000000 0 000040Total Insurance Premiums17,9815,471 3,9222,165936 2,597 1,422624 243 60200 17,98141502‐6301‐540.22‐02 Engineering31,961 Total Plant10,910 4,3695,2212,137 2,913 3,481 1,424 594 91400 31,96142502‐6301‐540.22‐13 Contract/Skilled Services5,327 Total Plant1,818 728870356 485580237 99 15200 5,32743502‐6301‐540.22‐14 Lab Testing8,523 Transformers ‐ Plant0005,11400 3,409 0 000 8,52344502‐6301‐540.22‐24 GIS138,499 Total Plant47,277 18,931 22,6239,259 12,621 15,082 6,172 2,573 3,96100 138,49945502‐6301‐540.22‐26 Insurance Claims28,338 Total Plant9,673 3,8744,6291,894 2,582 3,086 1,263 526 81000 28,33846502‐6301‐540.22‐30 Land Use Fees3,196 Substations ‐ Plant 3,196000000 0 000 3,19647502‐6301‐540.22‐98 Other7,307 Total Plant2,494 9991,194488 666796326 136 20900 7,307Prepared by NewGen Strategies and Solutions Page 1 of 8DRAFT95
Estes Park Power and CommunicationsSchedule 4Classification of Distribution CostsABCDEFGHIJKLMNOPLineTest YearDemand RelatedCustomer RelatedDirect AssignmentNo.Account2022Allocation Factor Substations Overhead‐D Underground‐D Transformers‐D Overhead‐C Underground‐C Transformers‐C Services Metering Outdoor Ltg Street Ltg Total48Total Prof. Services/Fees223,15275,369 28,901 34,537 19,248 19,267 23,025 12,832 3,928 6,04600 223,15249502‐6301‐540.24‐02 Real Property2,557 Total Plant873 350418171 233278114 47 7300 2,55750Total Rentals2,557873 350418171 233278114 47 7300 2,55751502‐6301‐540.25‐01 Maintenance Contracts55,399 Total Plant18,911 7,5739,0493,703 5,048 6,033 2,469 1,029 1,58400 55,39952502‐6301‐540.25‐02 Buildings10,654 Total Plant3,637 1,4561,740712 971 1,160475 198 30500 10,65453502‐6301‐540.25‐05 Machinery/Tools3,729 Total Plant1,273 510609249 340406166 69 10700 3,72954502‐6301‐540.25‐06 Meters‐ NA0000000 0 000055502‐6301‐540.25‐07 Transformer10,654 Transformers ‐ Plant0006,39200 4,261 0 000 10,65456502‐6301‐540.25‐08 Laboratory‐ NA0000000 0 000057502‐6301‐540.25‐30 Street Lights53,269 Total Plant18,183 7,2818,7013,561 4,854 5,801 2,374 990 1,52300 53,26958502‐6301‐540.25‐31 Substation181,114 Substations ‐ Plant 181,114000000 0 000 181,11459502‐6301‐540.25‐32 Power Line Maintenance639,225 Overhead0 383,53500 255,69000 0 000 639,22560502‐6301‐540.25‐33 Inactive Underground Main‐ NA0000000 0 000061502‐6301‐540.25‐34 Customer Service Lines‐ NA0000000 0 000062502‐6301‐540.25‐98 Other Equipment/Machinery1,598 Total Plant545 218261107 14617471 30 4600 1,59863Total Repair and Maintenance955,641223,663 400,573 20,361 14,725 267,049 13,574 9,817 2,316 3,56500 955,64164502‐6301‐540.26‐01 Office Supplies746 Total Plant255 10212250 688133 14 2100 74665502‐6301‐540.26‐04 Freight/Shipping1,065 Total Plant364 14617471 9711647 20 3000 1,06566502‐6301‐540.26‐05 Janitorial533 Total Plant182738736 495824 10 1500 53367502‐6301‐540.26‐06 Small Tools15,981 Total Plant5,455 2,1842,6101,068 1,456 1,740712 297 45700 15,98168502‐6301‐540.26‐07 Small Hardware5,327 Total Plant1,818 728870356 485580237 99 15200 5,32769502‐6301‐540.26‐19 Traffic Control10,654 Overhead/Underground0 4,8545,8000000 0 000 10,65470502‐6301‐540.26‐20 Electrical5,327 Total Plant1,818 728870356 485580237 99 15200 5,32771502‐6301‐540.26‐33 Data Processing Equipment10,654 Total Plant3,637 1,4561,740712 971 1,160475 198 30500 10,65472502‐6301‐540.26‐34 Meters37,288 Metering ‐ Plant0000000 0 37,28800 37,28873502‐6301‐540.26‐48 Shop Equipment4,261 Metering ‐ Plant0000000 0 4,26100 4,26174502‐6301‐540.26‐55 Street Lights31,961 Total Plant10,910 4,3695,2212,137 2,913 3,481 1,424 594 91400 31,96175502‐6301‐540.26‐57 Overhead Lines‐ NA0000000 0 000076Total Materials and Supplies123,79724,438 14,640 17,4954,786 6,524 7,796 3,191 1,330 43,59700 123,79777502‐6301‐540.27‐01 Personal Safety Equipment58,596 Labor17,829 12,7797,0553,051 8,462 4,634 2,034 790 1,96200 58,59678502‐6301‐540.27‐03 Vehicle Allowance‐ NA0000000 0 000079502‐6301‐540.27‐04 Education/Training95,884 Labor29,175 20,912 11,5444,992 13,846 7,583 3,328 1,293 3,21000 95,88480502‐6301‐540.27‐06 Employee Recognition‐ NA0000000 0 000081502‐6301‐540.27‐07 Mileage Reimbursement‐ NA0000000 0 000082502‐6301‐540.27‐21 Employee Recruitment‐ NA0000000 0 000083Total Job Performance Expenses154,47947,005 33,691 18,5998,043 22,308 12,216 5,362 2,084 5,17200 154,47984502‐6301‐540.29‐90 Short/Over Inventory Acct‐ NA0000000 0 000085502‐6301‐540.29‐95 Depreciation‐ NA0000000 0 000086502‐6301‐540.29‐97 Accumulated Pant‐ NA0000000 0 000087Total Other Current Expenses00000000 0 000088TOTAL DISTRIBUTION4,342,8591,321,439 947,145 522,865 226,115 627,131 343,439 150,744 58,586 145,39600 4,342,85989Customer ServicesCurrent Expenditures90502‐6401‐550.11‐01 Supervisors‐ NA0000000 0 000091502‐6401‐550.11‐02 Regular Staff‐ NA0000000 0 000092502‐6401‐550.11‐03 Seasonal Staff‐ NA0000000 0 000093502‐6401‐550.11‐04 Staff Overtime‐ NA0000000 0 0000Prepared by NewGen Strategies and Solutions Page 2 of 8DRAFT96
Estes Park Power and CommunicationsSchedule 4Classification of Distribution CostsABCDEFGHIJKLMNOPLineTest YearDemand RelatedCustomer RelatedDirect AssignmentNo.Account2022Allocation Factor Substations Overhead‐D Underground‐D Transformers‐D Overhead‐C Underground‐C Transformers‐C Services Metering Outdoor Ltg Street Ltg Total94502‐6401‐550.11‐05 Seasonal Overtime‐ NA0000000 0 000095Total Personal Service/Salaries00000000 0 000096502‐6401‐550.13‐01 Cell Phone‐ NA0000000 0 000097502‐6401‐550.13‐03 Vehicle Allowance‐ NA0000000 0 000098Total Additional Compensation00000000 0 000099502‐6401‐550.14‐11 Medical Insurance‐ NA0000000 0 0000100502‐6401‐550.14‐12 Life Insurance‐ NA0000000 0 0000101502‐6401‐550.14‐14 Employee Assistance Prog‐ NA0000000 0 0000102502‐6401‐550.14‐15 Dental Insurance‐ NA0000000 0 0000103502‐6401‐550.14‐16 Vision Insurance‐ NA0000000 0 0000104502‐6401‐550.14‐17 MASA‐ NA0000000 0 0000105502‐6401‐550.14‐18 Telephone Doc‐ NA0000000 0 0000106502‐6401‐550.14‐21 Taxes/FICA‐Medicare‐ NA0000000 0 0000107502‐6401‐550.14‐31 Retirement/ICMA 401(A)‐ NA0000000 0 0000108502‐6401‐550.14‐32 Retirement/PERA‐ NA0000000 0 0000109502‐6401‐550.14‐41 Workers' Compensation‐ NA0000000 0 0000110502‐6401‐550.14‐90 Pension Benefit Expense‐ NA0000000 0 0000111502‐6401‐550.14‐99 Salary Capital Contra Act‐ NA0000000 0 0000112Total Employer Benefits00000000 0 0000113502‐6401‐550.21‐02 Liability‐ NA0000000 0 0000114502‐6401‐550.21‐50 Unemployment‐ NA0000000 0 0000115Total Insurance Premiums00000000 0 0000116502‐6401‐550.22‐09 Info Technology Services‐ NA0000000 0 0000117502‐6401‐550.22‐10 Bank Fees‐ NA0000000 0 0000118502‐6401‐550.22‐13 Contract/Skilled Services‐ NA0000000 0 0000119502‐6401‐550.22‐26 Insurance Claims‐ NA0000000 0 0000120502‐6401‐550.22‐98 Other‐ NA0000000 0 0000121Total Prof. Services/Fees00000000 0 0000122502‐6401‐550.23‐01 Publication Fees‐ NA0000000 0 0000123Total Publishing00000000 0 0000124502‐6401‐550.24‐01 Equipment‐ NA0000000 0 0000125502‐6401‐550.24‐03 Lease‐ NA0000000 0 0000126Total Rentals00000000 0 0000127502‐6401‐550.25‐01 Maintenance Contracts‐ NA0000000 0 0000128502‐6401‐550.25‐03 Furniture/Fixtures‐ NA0000000 0 0000129502‐6401‐550.25‐98 Other Equipment/Machinery‐ NA0000000 0 0000130Total Repair and Maintenance00000000 0 0000131502‐6401‐550.26‐01 Office Supplies‐ NA0000000 0 0000132502‐6401‐550.26‐02 Postage‐ NA0000000 0 0000133502‐6401‐550.26‐03 Printing Forms‐ NA0000000 0 0000134502‐6401‐550.26‐04 Freight/Shipping‐ NA0000000 0 0000135502‐6401‐550.26‐17 Catering/Spec Circumstanc‐ NA0000000 0 0000136502‐6401‐550.26‐23 Furniture/Fixtures‐ NA0000000 0 0000137502‐6401‐550.26‐32 Data Processing Software‐ NA0000000 0 0000138502‐6401‐550.26‐33 Data Processing Equipment‐ NA0000000 0 0000139502‐6401‐550.26‐42 Office Equipment‐ NA0000000 0 0000Prepared by NewGen Strategies and Solutions Page 3 of 8DRAFT97
Estes Park Power and CommunicationsSchedule 4Classification of Distribution CostsABCDEFGHIJKLMNOPLineTest YearDemand RelatedCustomer RelatedDirect AssignmentNo.Account2022Allocation Factor Substations Overhead‐D Underground‐D Transformers‐D Overhead‐C Underground‐C Transformers‐C Services Metering Outdoor Ltg Street Ltg Total140502‐6401‐550.26‐46 Communication Equipment‐ NA0000000 0 0000141Total Materials and Supplies00000000 0 0000142502‐6401‐550.27‐04 Education/Training‐ NA0000000 0 0000143502‐6401‐550.27‐05 Member Dues/Subscriptions‐ NA0000000 0 0000144502‐6401‐550.27‐06 Employee Recognition‐ NA0000000 0 0000145502‐6401‐550.27‐07 Mileage Reimbursement‐ NA0000000 0 0000146502‐6401‐550.27‐21 Employee Recruitment‐ NA0000000 0 0000147Total Job Performance Expenses00000000 0 0000148502‐6401‐550.29‐07 Uncollectible Accounts‐ NA0000000 0 0000149502‐6401‐550.29‐25 Promotion‐ NA0000000 0 0000150502‐6401‐550.29‐31 Uncollected Taxes‐ NA0000000 0 0000151Total Other Current Expenses00000000 0 0000152Total Current Expenditures‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ Administration/General153502‐6501‐560.11‐01 Supervisors153,998 Labor46,858 33,586 18,5418,018 22,238 12,178 5,345 2,077 5,15600 153,998154502‐6501‐560.11‐02 Regular Staff384,202 Labor116,905 83,792 46,257 20,004 55,481 30,383 13,336 5,183 12,86300 384,202155502‐6501‐560.11‐03 Seasonal Staff‐ NA0000000 0 0000156502‐6501‐560.11‐04 Staff Overtime23,822 Labor7,248 5,1952,8681,240 3,440 1,884827 321 79800 23,822157Total Personal Service/Salaries562,022171,011 122,573 67,665 29,262 81,159 44,445 19,508 7,582 18,81600 562,022158502‐6501‐560.13‐01 Cell Phone2,610 Labor794 569314136 37720691 35 8700 2,610159502‐6501‐560.13‐03 Vehicle Allowance‐ NA0000000 0 0000160Total Additional Compensation2,610794 569314136 37720691 35 8700 2,610161502‐6501‐560.14‐11 Medical Insurance73,192 Labor22,271 15,9638,8123,811 10,569 5,788 2,541 987 2,45000 73,192162502‐6501‐560.14‐12 Life Insurance1,625 Labor495 35419685 23512956 22 5400 1,625163502‐6501‐560.14‐14 Employee Assistance Prog413 Labor126905021 603314 6 1400 413164502‐6501‐560.14‐15 Dental Insurance6,832 Labor2,079 1,490823356 987540237 92 22900 6,832165502‐6501‐560.14‐16 Vision Insurance1,912 Labor582 417230100 27615166 26 6400 1,912166502‐6501‐560.14‐17 MASA745 Labor227 1639039 1085926 10 2500 745167502‐6501‐560.14‐18 Telephone Doc361 Labor110794319 522913 5 1200 361168502‐6501‐560.14‐21 Taxes/FICA‐Medicare45,746 Labor13,919 9,9775,5082,382 6,606 3,618 1,588 617 1,53200 45,746169502‐6501‐560.14‐31 Retirement/ICMA 401(A)5,513 Labor1,678 1,202664287 796436191 74 18500 5,513170502‐6501‐560.14‐32 Retirement/PERA70,266 Labor21,381 15,3258,4603,658 10,147 5,557 2,439 948 2,35200 70,266171502‐6501‐560.14‐35 Retirement/ F.P.P.A‐ NA0000000 0 0000172502‐6501‐560.14‐41 Workers' Compensation2,931 Labor892 639353153 423232102 40 9800 2,931173502‐6501‐560.14‐90 Pension Benefit Expense‐ NA0000000 0 0000174502‐6501‐560.14‐99 Salary Capital Contra Act‐ NA0000000 0 0000175Total Employer Benefits209,53763,757 45,698 25,227 10,910 30,258 16,570 7,273 2,827 7,01500 209,537176502‐6501‐560.21‐01 Property34,397 Net Plant10,581 4,9206,9172,031 3,280 4,611 1,354 61 64200 34,397177502‐6501‐560.21‐02 Liability9,493 Labor2,889 2,0701,143494 1,371751330 128 31800 9,493178Total Insurance Premiums43,89113,470 6,9908,0602,525 4,651 5,362 1,683 189 96000 43,891179502‐6501‐560.22‐01 Auditing12,608 RevReq2,931 2,1491,210634 1,425798423 135 437 2,4670 12,608180502‐6501‐560.22‐02 Engineering15,981 Total Plant5,455 2,1842,6101,068 1,456 1,740712 297 45700 15,981181502‐6501‐560.22‐06 Medical2,028 Labor617 442244106 29316070 27 6800 2,028182502‐6501‐560.22‐07 Recording Fees266 Total Plant91364418 242912 5 800 266183502‐6501‐560.22‐08 Legal26,634 Total Plant9,092 3,6414,3511,780 2,427 2,900 1,187 495 76200 26,634184502‐6501‐560.22‐09 Info Technology Services116,267 Labor35,378 25,357 13,9986,054 16,790 9,195 4,036 1,568 3,89300 116,267Prepared by NewGen Strategies and Solutions Page 4 of 8DRAFT98
Estes Park Power and CommunicationsSchedule 4Classification of Distribution CostsABCDEFGHIJKLMNOPLineTest YearDemand RelatedCustomer RelatedDirect AssignmentNo.Account2022Allocation Factor Substations Overhead‐D Underground‐D Transformers‐D Overhead‐C Underground‐C Transformers‐C Services Metering Outdoor Ltg Street Ltg Total185502‐6501‐560.22‐10 Bank Fees2,314 Total O&M706 487285123 32318882 32 77 130 2,314186502‐6501‐560.22‐24 GIS42,615 Total Plant14,547 5,8256,9612,849 3,883 4,641 1,899 792 1,21900 42,615187502‐6501‐560.22‐33 Data Processing‐ NA0000000 0 0000188502‐6501‐560.22‐89 Utility Financial Studies‐ NA0000000 0 0000189502‐6501‐560.22‐98 Other64,789 Total Plant22,116 8,856 10,5834,331 5,904 7,055 2,887 1,204 1,85300 64,789190Total Prof. Services/Fees283,50290,931 48,978 40,286 16,963 32,525 26,706 11,308 4,554 8,772 2,4800 283,502191502‐6501‐560.23‐01 Publication Fees6,670 Labor2,030 1,455803347 963527232 90 22300 6,670192Total Publishing6,6702,030 1,455803347 963527232 90 22300 6,670193502‐6501‐560.24‐01 Equipment‐ NA0000000 0 0000194502‐6501‐560.24‐02 Real Property95,884 Total Plant32,730 13,106 15,6626,410 8,738 10,442 4,273 1,781 2,74200 95,884195502‐6501‐560.24‐03 Lease‐ NA0000000 0 0000196Total Rentals95,88432,730 13,106 15,6626,410 8,738 10,442 4,273 1,781 2,74200 95,884197502‐6501‐560.25‐01 Maintenance Contracts99,108 Total Plant33,830 13,547 16,1896,625 9,031 10,793 4,417 1,841 2,83400 99,108198502‐6501‐560.25‐02 Buildings1,065 Total Plant364 14617471 9711647 20 3000 1,065199502‐6501‐560.25‐03 Furniture/Fixtures1,065 Total Plant364 14617471 9711647 20 3000 1,065200502‐6501‐560.25‐04 Vehcile Equipment47,643 Labor14,497 10,3915,7362,481 6,880 3,768 1,654 643 1,59500 47,643201502‐6501‐560.25‐05 Machinery/Tools533 Total Plant182738736 495824 10 1500 533202502‐6501‐560.25‐09 Vehicle Repairs‐Fleet Shp123,872 Labor37,692 27,016 14,9146,450 17,888 9,796 4,300 1,671 4,14700 123,872203502‐6501‐560.25‐44 Future Vehicle Purchase‐ NA0000000 0 0000204502‐6501‐560.25‐98 Other Equipment/Machinery533 Total Plant182738736 495824 10 1500 533205Total Repair and Maintenance273,81987,110 51,390 37,361 15,769 34,090 24,704 10,513 4,214 8,66800 273,819206502‐6501‐560.26‐01 Office Supplies19,057 Labor5,799 4,1562,294992 2,752 1,507661 257 63800 19,057207502‐6501‐560.26‐02 Postage7,623 Labor2,319 1,662918397 1,101603265 103 25500 7,623208502‐6501‐560.26‐03 Printing Forms953 Labor290 20811550 1387533 13 3200 953209502‐6501‐560.26‐06 Small Tools476 Labor145 1045725 693817 6 1600 476210502‐6501‐560.26‐13 Medical2,382 Labor725 520287124 34418883 32 8000 2,382211502‐6501‐560.26‐14 Laboratory‐ NA0000000 0 0000212502‐6501‐560.26‐15 Exhibit/Display‐ NA0000000 0 0000213502‐6501‐560.26‐17 Catering/Spec Circumstanc3,811 Labor1,160 831459198 550301132 51 12800 3,811214502‐6501‐560.26‐23 Furniture/Fixtures4,764 Labor1,450 1,039574248 688377165 64 16000 4,764215502‐6501‐560.26‐25 Energy Efficiency95,286 Total Plant32,526 13,025 15,5656,370 8,683 10,376 4,247 1,770 2,72500 95,286216502‐6501‐560.26‐32 Data Processing Software19,057 Labor5,799 4,1562,294992 2,752 1,507661 257 63800 19,057217502‐6501‐560.26‐33 Data Processing Equipment9,529 Labor2,899 2,0781,147496 1,376754331 129 31900 9,529218502‐6501‐560.26‐39 Fuel & Oil47,643 Labor14,497 10,3915,7362,481 6,880 3,768 1,654 643 1,59500 47,643219502‐6501‐560.26‐42 Office Equipment2,859 Labor870 623344149 41322699 39 9600 2,859220502‐6501‐560.26‐43 Heavy Equipment1,906 Labor580 41622999 27515166 26 6400 1,906221502‐6501‐560.26‐46 Communication Equipment19,057 Labor5,799 4,1562,294992 2,752 1,507661 257 63800 19,057222Total Materials and Supplies234,40474,857 43,365 32,314 13,613 28,772 21,378 9,075 3,647 7,38200 234,404223502‐6501‐560.27‐02 Uniform Allowance1,906 Labor580 41622999 27515166 26 6400 1,906224502‐6501‐560.27‐03 Vehicle Allowance‐ NA0000000 0 0000225502‐6501‐560.27‐04 Education/Training11,434 Labor3,479 2,4941,377595 1,651904397 154 38300 11,434226502‐6501‐560.27‐05 Member Dues/Subscriptions12,387 Labor3,769 2,7021,491645 1,789980430 167 41500 12,387227502‐6501‐560.27‐06 Employee Recognition3,335 Labor1,015 727402174 482264116 45 11200 3,335228502‐6501‐560.27‐07 Mileage Reimbursement476 Labor145 1045725 693817 6 1600 476229502‐6501‐560.27‐10 Meal Reimbursement‐Emerg.1,906 Labor580 41622999 27515166 26 6400 1,906230502‐6501‐560.27‐21 Employee Recruitment‐ NA0000000 0 0000231Total Job Performance Expenses31,4449,568 6,8583,7861,637 4,541 2,487 1,091 424 1,05300 31,444232502‐6501‐560.28‐01 Telephone7,623 Labor2,319 1,662918397 1,101603265 103 25500 7,623Prepared by NewGen Strategies and Solutions Page 5 of 8DRAFT99
Estes Park Power and CommunicationsSchedule 4Classification of Distribution CostsABCDEFGHIJKLMNOPLineTest YearDemand RelatedCustomer RelatedDirect AssignmentNo.Account2022Allocation Factor Substations Overhead‐D Underground‐D Transformers‐D Overhead‐C Underground‐C Transformers‐C Services Metering Outdoor Ltg Street Ltg Total233502‐6501‐560.28‐02 Natural Gas8,576 Labor2,609 1,8701,032447 1,238678298 116 28700 8,576234502‐6501‐560.28‐03 Electrical Energy50,502 Labor15,367 11,0146,0802,629 7,293 3,994 1,753 681 1,69100 50,502235502‐6501‐560.28‐04 Water4,288 Labor1,305 935516223 619339149 58 14400 4,288236502‐6501‐560.28‐05 Sewer1,429 Labor435 31217274 20611350 19 4800 1,429237502‐6501‐560.28‐06 Trash Disposal12,387 Labor3,769 2,7021,491645 1,789980430 167 41500 12,387238Total Utility Expenditures84,80525,804 18,495 10,2104,415 12,246 6,706 2,944 1,144 2,83900 84,805239502‐6501‐560.29‐06 Interest on Deposits‐ NA0000000 0 0000240502‐6501‐560.29‐08 Payment In Lieu Of Taxes5,456 RevReq1,268 930524274 617345183 58 189 1,0670 5,456241502‐6501‐560.29‐09 PUC Gross Receipt Taxes8,771 RevReq2,039 1,495842441 991555294 94 304 1,7160 8,771242502‐6501‐560.29‐10 Franchise Fees152,475 RevReq35,443 25,984 14,6357,670 17,230 9,646 5,113 1,634 5,285 29,8340 152,475243502‐6501‐560.91‐28 Housing‐ NA0000000 0 0000244Total Other Current Expenses166,70138,750 28,409 16,0008,385 18,838 10,546 5,590 1,787 5,778 32,6170 166,701245Total Administration/General1,995,287 610,812 387,886 257,689 110,373 257,158 170,081 73,582 28,274 64,336 35,097 ‐ 1,995,287 246TOTAL CUSTOMER SERVICE1,995,287 610,812 387,886 257,689 110,373 257,158 170,081 73,582 28,274 64,336 35,097 ‐ 1,995,287 247Total O&M Expense without Depr. Exp.6,338,1461,932,2501,335,031 780,555 336,488 884,289 513,520224,325 86,860 209,732 35,097 0 6,338,146248Total O&M Expense Excluding Purchased Power & Depr.6,338,146 1,932,250 1,335,031 780,555 336,488 884,289 513,520 224,325 86,860 209,732 35,0970 6,338,146249Debt Service:250502‐6700‐470.22‐10 Bank Fees‐ NA0000000 0 0000251502‐6700‐470.29‐67 Amort Exp/Bond Issue Cost‐ NA0000000 0 0000252502‐6700‐470.41‐01 Principal on Bonds400,000 Total Plant136,540 54,676 65,339 26,740 36,451 43,559 17,826 7,431 11,43900 400,000253502‐6700‐470.41‐02 Interest on Bonds191,300 Total Plant65,300 26,149 31,248 12,788 17,433 20,832 8,525 3,554 5,47100 191,300254502‐6700‐470.41‐05 Principal/Capital Lease‐ NA0000000 0 0000255502‐6700‐470.41‐06 Interest/Capital Lease‐ NA0000000 0 0000256Total Debt Service591,300 201,841 80,825 96,587 39,528 53,883 64,391 26,352 10,984 16,909 00 591,300257Other Funds258502‐6600‐491.90‐01 General1,998,043 DA‐GFT0000000 0 0 1,998,0430 1,998,043259502‐6600‐491.90‐04 Community Reinvestment‐ NA0000000 0 0000260502‐6600‐491.90‐06 Medical Insurance‐ NA0000000 0 0000261502‐6600‐491.90‐07 Museum‐ NA0000000 0 0000262502‐6600‐491.90‐29 Fire Service Fund‐ NA0000000 0 0000263502‐6600‐491.90‐35 Vehicle Replacement‐ NA0000000 0 0000264502‐6600‐491.92‐31 Urban Renewal Authority‐ NA0000000 0 0000265Total Other Funds1,998,043 0 0 0 0 0 0 0 0 0 1,998,043 0 1,998,043266Change in Working Capita97,552 O&M W/O Depr or PP 29,740 20,548 12,0145,179 13,610 7,904 3,453 1,337 3,228 5400 97,552267Capital Paid from Current 268502‐7001‐580.32‐22 Building Remodeling‐ NA0000000 0 0000269502‐7001‐580.33‐30 Station Equipment‐ NA0000000 0 0000270502‐7001‐580.33‐31 Furniture/Fixtures‐ NA0000000 0 0000271502‐7001‐580.33‐32 Office Equipment‐ NA0000000 0 0000272502‐7001‐580.33‐33 Data Processing Equipment‐ NA0000000 0 0000273502‐7001‐580.33‐34 Meters106,537 Metering ‐ Plant0000000 0 106,53700 106,537274502‐7001‐580.33‐35 Transformers159,806 Transformers ‐ Plant000 95,88400 63,922 0 000 159,806275502‐7001‐580.33‐36 Communication Equipment152,458 Labor46,390 33,250 18,3557,938 22,016 12,057 5,292 2,057 5,10400 152,458276502‐7001‐580.33‐37 Laboratory Equipment‐ NA0000000 0 0000277502‐7001‐580.33‐38 Shop Equipment‐ NA0000000 0 0000Prepared by NewGen Strategies and Solutions Page 6 of 8DRAFT100
Estes Park Power and CommunicationsSchedule 4Classification of Distribution CostsABCDEFGHIJKLMNOPLineTest YearDemand RelatedCustomer RelatedDirect AssignmentNo.Account2022Allocation Factor Substations Overhead‐D Underground‐D Transformers‐D Overhead‐C Underground‐C Transformers‐C Services Metering Outdoor Ltg Street Ltg Total278502‐7001‐580.33‐39 Stores Equipment‐ NA0000000 0 0000279502‐7001‐580.33‐41 Tools26,634 Total Plant9,092 3,6414,3511,780 2,427 2,900 1,187 495 76200 26,634280502‐7001‐580.33‐98 Other Equipment172,591 Total Plant58,914 23,591 28,192 11,538 15,728 18,795 7,692 3,206 4,93600 172,591281502‐7001‐580.34‐42 Trucks333,502 Labor101,477 72,734 40,152 17,364 48,159 26,374 11,576 4,499 11,16500 333,502282502‐7001‐580.34‐98 Other Machinery/Equipment‐ NA0000000 0 0000283502‐7001‐580.35‐55 Street Lights21,307 Total Plant7,273 2,9133,4811,424 1,942 2,320950 396 60900 21,307284502‐7001‐580.35‐56 Poles/Towers/Fixtures‐ NA0000000 0 0000285502‐7001‐580.35‐57 Power Line Construction312,732 Overhead0 187,63900 125,09300 0 000 312,732286502‐7001‐580.35‐58 Inactive Underground‐ NA0000000 0 0000287502‐7001‐580.35‐59 Customer Service Lines‐ NA0000000 0 0000288502‐7001‐580.35‐62 UT System Master Plan‐ NA0000000 0 0000289502‐7001‐580.35‐66 Fiber Optic Install‐ NA0000000 0 0000290502‐7001‐580.37‐01 Software Development85,230 Total Plant29,093 11,650 13,9225,698 7,767 9,281 3,798 1,583 2,43700 85,230291Total Capital 1,370,798 252,239 335,418 108,453 141,626 223,131 71,727 94,417 12,236 131,55100 1,370,798292Subtotal Revenue Requirement 10,395,839 2,416,070 1,771,822 997,608 522,821 1,174,913 657,542 348,547 111,416 361,420 2,033,6800 10,395,839293Less Other Income294Additional Heater‐ NA0000000 0 0000295Customer Contribution319,612 RevReq74,295 54,467 30,677 16,077 36,118 20,220 10,718 3,426 11,079 62,5360 319,612296Investment Income35,974 RevReq8,362 6,1313,4531,810 4,065 2,276 1,206 386 1,247 7,0390 35,974297Info Technology Services‐ NA0000000 0 0000298Pole Rental9,000 RevReq2,092 1,534864453 1,017569302 96 312 1,7610 9,000299Vehicle Work Orders‐ NA0000000 0 0000300Field Work Orders‐ NA0000000 0 0000301Development Fees‐ NA0000000 0 0000302Meter Reading‐ NA0000000 0 0000303Buildings‐ NA0000000 0 0000304Other‐ NA0000000 0 0000305Fiberoptic Lease‐ NA0000000 0 0000306Special Initial Reads‐ NA0000000 0 0000307Outdoor Area Lights9,552 RevReq2,220 1,628917480 1,079604320 102 331 1,8690 9,552308Surge Arrestor895 Overhead0 53700 35800 0 000 895309Write Off‐ NA0000000 0 0000310Electric Metering1,135 Metering ‐ Plant0000000 0 1,13500 1,135311Total Miscellaneous Revenue376,16886,970 64,297 35,910 18,820 42,638 23,669 12,546 4,011 14,104 73,2050 376,168312Total Other Income376,168 86,970 64,297 35,910 18,820 42,638 23,669 12,546 4,011 14,104 73,2050 376,168313Forecasted Under‐Recovery (per Financial Plan)535,391 RevReq124,453 91,240 51,387 26,931 60,502 33,870 17,954 5,739 18,558 104,756 0 535,391314Total O&M Expense without Depr or PP6,338,146 1,932,250 1,335,031 780,555 336,488 884,289 513,520 224,325 86,860 209,732 35,0970 6,338,146315Debt Service591,300 201,841 80,825 96,587 39,528 53,883 64,391 26,352 10,984 16,909 00 591,300316Total Other Funds1,998,043 0 0 0 0 0 0 0 0 0 1,998,043 0 1,998,043317Change in Working Capital97,552 29,740 20,548 12,014 5,179 13,610 7,904 3,453 1,337 3,228 540 0 97,552318Capital Paid from Current Earnings1,370,798 252,239 335,418 108,453 141,626 223,131 71,727 94,417 12,236 131,55100 1,370,798319Less Other Income376,168 86,970 64,297 35,910 18,820 42,638 23,669 12,546 4,011 14,104 73,2050 376,168320Less Planned Under‐Recovery (per Financial Plan)535,391 124,453 91,240 51,387 26,931 60,502 33,870 17,954 5,739 18,558 104,7560 535,391321Total Revenue Requireme9,484,2802,204,647 1,616,286 910,311 477,070 1,071,774 600,002 318,047 101,667 328,758 1,855,7190 9,484,280322ALLOCATION FACTORS323Direct Assignment Allocators32400000000101Prepared by NewGen Strategies and Solutions Page 7 of 8DRAFT101
Estes Park Power and CommunicationsSchedule 4Classification of Distribution CostsABCDEFGHIJKLMNOPLineTest YearDemand RelatedCustomer RelatedDirect AssignmentNo.Account2022Allocation Factor Substations Overhead‐D Underground‐D Transformers‐D Overhead‐C Underground‐C Transformers‐C Services Metering Outdoor Ltg Street Ltg Total325Outdoor LightingOutdoor Ltg0% 0%0%0% 0%0%0% 0% 0% 100% 0% 100%3261,932,250 1,335,031 780,555 336,488 884,289 513,520 224,325 86,860 209,732 35,0970 6,338,146327Total O&MTotal O&M30% 21%12%5% 14%8%4% 1% 3% 1% 0% 100%3281,932,250 1,335,031 780,555 336,488 884,289 513,520 224,325 86,860 209,732 35,0970 6,338,146329O&M W/O Depr or PPO&M W/O Depr or PP30% 21%12%5% 14%8%4% 1% 3% 1% 0% 100%330Total Distribution Excluding Labor994,530 712,833 393,515 170,177 471,986 258,476 113,451 44,092 109,42700 3,268,487331LaborLabor30% 22%12%5% 14%8%3% 1% 3% 0% 0% 100%3324,640,616 2,157,629 3,033,598 890,679 1,438,419 2,022,399 593,786 26,744 281,43915,085,308333Net Plant (without lighting)Net Plant31% 14%20%6% 10%13%4% 0% 2% 0% 0% 100%3348,982,4038,982,403335Substations ‐ PlantSubstations ‐ Plant100% 0%0%0% 0%0%0% 0% 0% 0% 0% 100%3363,596,9062,397,9385,994,844337OverheadOverhead0% 60%0%0% 40%0%0% 0% 0% 0% 0% 100%3384,298,3452,865,5637,163,908339UndergroundUnderground0% 0%60%0% 0%40%0% 0% 0% 0% 0% 100%3401,759,0861,172,7242,931,810341Transformers ‐ PlantTransformers ‐ Plant0% 0%0%60% 0%0%40% 0% 0% 0% 0% 100%342488,822488,822343ServicesServices0% 0%0%0% 0%0%0% 100% 0% 0% 0% 100%344752,509752,509345Metering ‐ PlantMetering ‐ Plant0% 0%0%0% 0%0%0% 0% 100% 0% 0% 100%34611347Direct Assign General Fund TransferDA‐GFT0% 0%0%0% 0%0%0% 0% 0% 100% 0% 100%3488,982,403 3,596,906 4,298,345 1,759,086 2,397,938 2,865,563 1,172,724 488,822 752,50910 26,314,2973490000000 0 0(1) 0(1)3508,982,403 3,596,906 4,298,345 1,759,086 2,397,938 2,865,563 1,172,724 488,822 752,50900 26,314,296351Total Plant (without lighting)Total Plant34% 14%16%7% 9%11%4% 2% 3% 0% 0% 100%3523,596,906 4,298,3457,895,251353Overhead/UndergroundOverhead/Underground0% 46%54%0% 0%0%0% 0% 0% 0% 0% 100%3542,204,647 1,616,286 910,311 477,070 1,071,774 600,002 318,047 101,667 328,758 1,855,7190 9,484,280355Revenue RequirementRevReq23% 17%10%5% 11%6%3% 1% 3% 20% 0% 100%35631063373357OH Miles of LineOH Miles Line83% 0%0%0% 17%0%0% 0% 0% 0% 0% 100%35815829188359UG Miles of LineUG Miles Line84% 0%0%0% 16%0%0% 0% 0% 0% 0% 100%360468000 9200 0 000 561361Total Miles of LineAll Miles Line84% 0%0%0% 16%0%0% 0% 0% 0% 0% 100%362000000000000363Not ApplicableNA0% 0%0%0% 0%0%0% 0% 0% 0% 0% 0%Prepared by NewGen Strategies and Solutions Page 8 of 8DRAFT102
Estes Park Power and CommunicationsSchedule 5Classification of Customer CostsAB CDEFLine No.AccountAccount Description Test Year 2022 Allocation Factor Customer Total1Operation and Maintenance Expense2Purchased Power3502‐6100‐520.28‐08Purchased Power Supply‐ NA0 04502‐6100‐520.28‐18Wind Power‐ NA0 05502‐6100‐520.28‐19Wheeling Chgs‐FR Hydro‐ NA0 06Total Purchased Power‐ ‐ ‐ 7TOTAL PURCHASED POWER‐ ‐ ‐ 8Distribution9502‐6301‐540.11‐01Supervisors‐ NA0 010502‐6301‐540.11‐02Regular Staff‐ NA0 011502‐6301‐540.11‐03Seasonal Staff‐ NA0 012502‐6301‐540.11‐04Staff Overtime‐ NA0 013502‐6301‐540.11‐05Seasonal Overtime‐ NA0 014Total Personal Services/Salaries‐ ‐ ‐ 15502‐6301‐540.13‐01Cell Phone‐ NA0 016502‐6301‐540.13‐03Vehicle Allowance‐ NA0 017Total Additional Compensation‐ ‐ ‐ 18502‐6301‐540.14‐11Medical Insurance‐ NA0 019502‐6301‐540.14‐12Life Insurance‐ NA0 020502‐6301‐540.14‐14Employee Assistance Prog‐ NA0 021502‐6301‐540.14‐15Dental Insurance‐ NA0 022502‐6301‐540.14‐16Vision Insurance‐ NA0 023502‐6301‐540.14‐17MASA‐ NA0 024502‐6301‐540.14‐18Telephone Doc‐ NA0 025502‐6301‐540.14‐21Taxes/FICA‐Medicare‐ NA0 026502‐6301‐540.14‐31Retirement/ICMA 401(A)‐ NA0 027502‐6301‐540.14‐32Retirement/PERA‐ NA0 028502‐6301‐540.14‐41Workers' Compensation‐ NA0 029502‐6301‐540.14‐90Pension Benefit Expense‐ NA0 030502‐6301‐540.14‐99Salary Capital Contra Act‐ NA0 031Total Employer Benefits‐ ‐ ‐ 32502‐6301‐540.21‐01Property‐ NA0 033502‐6301‐540.21‐02Liability‐ NA0 034502‐6301‐540.21‐50Unemployment‐ NA0 035Total Insurance Premiums‐ ‐ ‐ 36502‐6301‐540.22‐02Engineering‐ NA0 037502‐6301‐540.22‐13Contract/Skilled Services‐ NA0 038502‐6301‐540.22‐14Lab Testing‐ NA0 039502‐6301‐540.22‐24GIS‐ NA0 040502‐6301‐540.22‐26Insurance Calims‐ NA0 041502‐6301‐540.22‐30Land Use Fees‐ NA0 042502‐6301‐540.22‐98Other‐ NA0 0Prepared by NewGen Strategies and Solutions Page 1 of 8DRAFT103
Estes Park Power and CommunicationsSchedule 5Classification of Customer CostsAB CDEFLine No.AccountAccount Description Test Year 2022 Allocation Factor Customer Total43Total Prof. Services/Fees‐ ‐ ‐ 44502‐6301‐540.24‐02Real Property‐ NA0 045Total Rentals‐ ‐ ‐ 46502‐6301‐540.25‐01Maintenance Contracts‐ NA0 047502‐6301‐540.25‐02Buildings‐ NA0 048502‐6301‐540.25‐05Machinery/Tools‐ NA0 049502‐6301‐540.25‐06Meters‐ NA0 050502‐6301‐540.25‐07Transformer‐ NA0 051502‐6301‐540.25‐08Laboratory‐ NA0 052502‐6301‐540.25‐30Street Lights‐ NA0 053502‐6301‐540.25‐31Substation‐ NA0 054502‐6301‐540.25‐32Power Line Maintenance‐ NA0 055502‐6301‐540.25‐33Inactive Underground Main‐ NA0 056502‐6301‐540.25‐34Customer Service Lines‐ NA0 057502‐6301‐540.25‐98Other Equipment/Machinery‐ NA0 058Total Repair and Maintenance‐ ‐ ‐ 59502‐6301‐540.26‐01Office Supplies‐ NA0 060502‐6301‐540.26‐04Freight/Shipping‐ NA0 061502‐6301‐540.26‐05Janitorial‐ NA0 062502‐6301‐540.26‐06Small Tools‐ NA0 063502‐6301‐540.26‐07Small Hardware‐ NA0 064502‐6301‐540.26‐19Traffic Control‐ NA0 065502‐6301‐540.26‐20Electrical‐ NA0 066502‐6301‐540.26‐33Data Processing Equipment‐ NA0 067502‐6301‐540.26‐34Meters‐ NA0 068502‐6301‐540.26‐48Shop Equipment‐ NA0 069502‐6301‐540.26‐55Street Lights‐ NA0 070502‐6301‐540.26‐57Overhead Lines‐ NA0 071Total Materials and Supplies‐ ‐ ‐ 72502‐6301‐540.27‐01Personal Safety Equipment‐ NA0 073502‐6301‐540.27‐03Vehicle Allowance‐ NA0 074502‐6301‐540.27‐04Education/Training‐ NA0 075502‐6301‐540.27‐06Employee Recognition‐ NA0 076502‐6301‐540.27‐07Mileage Reimbursement‐ NA0 077502‐6301‐540.27‐21Employee Recruitment‐ NA0 078Total Job Performance Expenses‐ ‐ ‐ 79502‐6301‐540.29‐90Short/Over Inventory Acct‐ NA0 080502‐6301‐540.29‐95Depreciation‐ NA0 081502‐6301‐540.29‐97Accumulated Pant‐ NA0 082Total Other Current Expenses‐ ‐ ‐ 83TOTAL DISTRIBUTION00 0Prepared by NewGen Strategies and Solutions Page 2 of 8DRAFT104
Estes Park Power and CommunicationsSchedule 5Classification of Customer CostsAB CDEFLine No.AccountAccount Description Test Year 2022 Allocation Factor Customer Total84Customer ServicesCurrent Expenditures85502‐6401‐550.11‐01Supervisors71,737 Customer 71,737 71,73786502‐6401‐550.11‐02Regular Staff146,163 Customer 146,163 146,16387502‐6401‐550.11‐03Seasonal Staff‐ Customer0 088502‐6401‐550.11‐04Staff Overtime13,850 Customer 13,850 13,85089502‐6401‐550.11‐05Seasonal Overtime80 Customer80 8090Total Personal Service/Salaries231,830 231,830 231,830 91502‐6401‐550.13‐01Cell Phone419 Customer419 41992502‐6401‐550.13‐03Vehicle Allowance‐ Customer0 093Total Additional Compensation419 419 419 94502‐6401‐550.14‐11Medical Insurance55,635 Customer 55,635 55,63595502‐6401‐550.14‐12Life Insurance908 Customer908 90896502‐6401‐550.14‐14Employee Assistance Prog230 Customer230 23097502‐6401‐550.14‐15Dental Insurance3,987 Customer3,987 3,98798502‐6401‐550.14‐16Vision Insurance1,027 Customer1,027 1,02799502‐6401‐550.14‐17MASA416 Customer416 416100502‐6401‐550.14‐18Telephone Doc202 Customer202 202101502‐6401‐550.14‐21Taxes/FICA‐Medicare18,870 Customer 18,870 18,870102502‐6401‐550.14‐31Retirement/ICMA 401(A)‐ Customer0 0103502‐6401‐550.14‐32Retirement/PERA31,762 Customer 31,762 31,762104502‐6401‐550.14‐41Workers' Compensation763 Customer763 763105502‐6401‐550.14‐90Pension Benefit Expense‐ Customer0 0106502‐6401‐550.14‐99Salary Capital Contra Act‐ Customer0 0107Total Employer Benefits113,799 113,799 113,799 108502‐6401‐550.21‐02Liability1,681 Customer1,681 1,681109502‐6401‐550.21‐50Unemployment‐ Customer0 0110Total Insurance Premiums1,681 1,681 1,681 111502‐6401‐550.22‐09Info Technology Services‐ Customer0 0112502‐6401‐550.22‐10Bank Fees533 Customer533 533113502‐6401‐550.22‐13Contract/Skilled Services‐ Customer0 0114502‐6401‐550.22‐26Insurance Claims‐ Customer0 0115502‐6401‐550.22‐98Other1,233 Customer1,233 1,233116Total Prof. Services/Fees1,765 1,765 1,765 117502‐6401‐550.23‐01Publication Fees‐ Customer0 0118Total Publishing‐ ‐ ‐ 119502‐6401‐550.24‐01Equipment1,278 Customer1,278 1,278120502‐6401‐550.24‐03Lease4,800 Customer4,800 4,800121Total Rentals6,078 6,078 6,078 122502‐6401‐550.25‐01Maintenance Contracts8,789 Customer8,789 8,789123502‐6401‐550.25‐03Furniture/Fixtures‐ Customer0 0Prepared by NewGen Strategies and Solutions Page 3 of 8DRAFT105
Estes Park Power and CommunicationsSchedule 5Classification of Customer CostsAB CDEFLine No.AccountAccount Description Test Year 2022 Allocation Factor Customer Total124502‐6401‐550.25‐98Other Equipment/Machinery533 Customer533 533125Total Repair and Maintenance9,322 9,322 9,322 126502‐6401‐550.26‐01Office Supplies3,729 Customer3,729 3,729127502‐6401‐550.26‐02Postage42,517 Customer 42,517 42,517128502‐6401‐550.26‐03Printing Forms27,840 Customer 27,840 27,840129502‐6401‐550.26‐04Freight/Shipping799 Customer799 799130502‐6401‐550.26‐17Catering/Spec Circumstanc799 Customer799 799131502‐6401‐550.26‐23Furniture/Fixtures2,131 Customer2,131 2,131132502‐6401‐550.26‐32Data Processing Software3,018 Customer3,018 3,018133502‐6401‐550.26‐33Data Processing Equipment2,131 Customer2,131 2,131134502‐6401‐550.26‐42Office Equipment799 Customer799 799135502‐6401‐550.26‐46Communication Equipment‐ Customer0 0136Total Materials and Supplies83,763 83,763 83,763 137502‐6401‐550.27‐04Education/Training13,317 Customer 13,317 13,317138502‐6401‐550.27‐05Member Dues/Subscriptions533 Customer533 533139502‐6401‐550.27‐06Employee Recognition266 Customer266 266140502‐6401‐550.27‐07Mileage Reimbursement160 Customer160 160141502‐6401‐550.27‐21Employee Recruitment‐ Customer0 0142Total Job Performance Expenses14,276 14,276 14,276 143502‐6401‐550.29‐07Uncollectible Accounts15,981 Customer 15,981 15,981144502‐6401‐550.29‐25Promotion‐ Customer0 0145502‐6401‐550.29‐31Uncollected Taxes‐ Customer0 0146Total Other Current Expenses15,981 15,981 15,981 147Total Current Expenditures478,914 478,914 478,914 Administration/General148502‐6501‐560.11‐01Supervisors18,184 Customer 18,184 18,184149502‐6501‐560.11‐02Regular Staff45,366 Customer 45,366 45,366150502‐6501‐560.11‐03Seasonal Staff‐ Customer0 0151502‐6501‐560.11‐04Staff Overtime2,813 Customer2,813 2,813152Total Personal Service/Salaries66,363 66,363 66,363 153502‐6501‐560.13‐01Cell Phone308 Customer308 308154502‐6501‐560.13‐03Vehicle Allowance‐ Customer0 0155Total Additional Compensation308 308 308 156502‐6501‐560.14‐11Medical Insurance8,642 Customer8,642 8,642157502‐6501‐560.14‐12Life Insurance192 Customer192 192158502‐6501‐560.14‐14Employee Assistance Prog49 Customer49 49159502‐6501‐560.14‐15Dental Insurance807 Customer807 807160502‐6501‐560.14‐16Vision Insurance226 Customer226 226161502‐6501‐560.14‐17MASA88 Customer88 88162502‐6501‐560.14‐18Telephone Doc43 Customer43 43163502‐6501‐560.14‐21Taxes/FICA‐Medicare5,402 Customer5,402 5,402Prepared by NewGen Strategies and Solutions Page 4 of 8DRAFT106
Estes Park Power and CommunicationsSchedule 5Classification of Customer CostsAB CDEFLine No.AccountAccount Description Test Year 2022 Allocation Factor Customer Total164502‐6501‐560.14‐31Retirement/ICMA 401(A)651 Customer651 651165502‐6501‐560.14‐32Retirement/PERA8,297 Customer8,297 8,297166502‐6501‐560.14‐35Retirement/ F.P.P.A‐ Customer0 0167502‐6501‐560.14‐41Workers' Compensation346 Customer346 346168502‐6501‐560.14‐90Pension Benefit Expense‐ Customer0 0169502‐6501‐560.14‐99Salary Capital Contra Act‐ Customer0 0170Total Employer Benefits24,742 24,742 24,742 171502‐6501‐560.21‐01Property‐ Customer0 0172502‐6501‐560.21‐02Liability‐ Customer0 0173Total Insurance Premiums‐ ‐ ‐ 174502‐6501‐560.22‐01Auditing904 Customer904 904175502‐6501‐560.22‐02Engineering‐ Customer0 0176502‐6501‐560.22‐06Medical239 Customer239 239177502‐6501‐560.22‐07Recording Fees‐ Customer0 0178502‐6501‐560.22‐08Legal‐ Customer0 0179502‐6501‐560.22‐09Info Technology Services13,729 Customer 13,729 13,729180502‐6501‐560.22‐10Bank Fees292 Customer292 292181502‐6501‐560.22‐24GIS‐ Customer0 0182502‐6501‐560.22‐33Data Processing‐ Customer0 0183502‐6501‐560.22‐89Utility Financial Studies‐ Customer0 0184502‐6501‐560.22‐98Other‐ Customer0 0185Total Prof. Services/Fees15,164 15,164 15,164 186502‐6501‐560.23‐01Publication Fees788 Customer788 788187Total Publishing788 788 788 188502‐6501‐560.24‐01Equipment‐ Customer0 0189502‐6501‐560.24‐02Real Property‐ Customer0 0190502‐6501‐560.24‐03Lease‐ Customer0 0191Total Rentals‐ ‐ ‐ 192502‐6501‐560.25‐01Maintenance Contracts‐ Customer0 0193502‐6501‐560.25‐02Buildings‐ Customer0 0194502‐6501‐560.25‐03Furniture/Fixtures‐ Customer0 0195502‐6501‐560.25‐04Vehcile Equipment5,626 Customer5,626 5,626196502‐6501‐560.25‐05Machinery/Tools‐ Customer0 0197502‐6501‐560.25‐09Vehicle Repairs‐Fleet Shp14,627 Customer 14,627 14,627198502‐6501‐560.25‐44Future Vehicle Purchase‐ Customer0 0199502‐6501‐560.25‐98Other Equipment/Machinery‐ Customer0 0200Total Repair and Maintenance20,252 20,252 20,252 201502‐6501‐560.26‐01Office Supplies2,250 Customer2,250 2,250202502‐6501‐560.26‐02Postage900 Customer900 900203502‐6501‐560.26‐03Printing Forms113 Customer113 113204502‐6501‐560.26‐06Small Tools56 Customer56 56205502‐6501‐560.26‐13Medical281 Customer281 281Prepared by NewGen Strategies and Solutions Page 5 of 8DRAFT107
Estes Park Power and CommunicationsSchedule 5Classification of Customer CostsAB CDEFLine No.AccountAccount Description Test Year 2022 Allocation Factor Customer Total206502‐6501‐560.26‐14Laboratory‐ Customer0 0207502‐6501‐560.26‐15Exhibit/Display138,499 Customer 138,499 138,499208502‐6501‐560.26‐17Catering/Spec Circumstanc450 Customer450 450209502‐6501‐560.26‐23Furniture/Fixtures563 Customer563 563210502‐6501‐560.26‐25Energy Efficiency11,251 Customer 11,251 11,251211502‐6501‐560.26‐32Data Processing Software2,250 Customer2,250 2,250212502‐6501‐560.26‐33Data Processing Equipment1,125 Customer1,125 1,125213502‐6501‐560.26‐39Fuel & Oil5,626 Customer5,626 5,626214502‐6501‐560.26‐42Office Equipment338 Customer338 338215502‐6501‐560.26‐43Heavy Equipment225 Customer225 225216502‐6501‐560.26‐46Communication Equipment2,250 Customer2,250 2,250217Total Materials and Supplies166,177 166,177 166,177 218502‐6501‐560.27‐02Uniform Allowance225 Customer225 225219502‐6501‐560.27‐03Vehicle Allowance‐ Customer0 0220502‐6501‐560.27‐04Education/Training1,350 Customer1,350 1,350221502‐6501‐560.27‐05Member Dues/Subscriptions1,463 Customer1,463 1,463222502‐6501‐560.27‐06Employee Recognition394 Customer394 394223502‐6501‐560.27‐07Mileage Reimbursement56 Customer56 56224502‐6501‐560.27‐10Meal Reimbursement‐Emerg.225 Customer225 225225502‐6501‐560.27‐21Employee Recruitment‐ Customer0 0226Total Job Performance Expenses3,713 3,713 3,713 227502‐6501‐560.28‐01Telephone900 Customer900 900228502‐6501‐560.28‐02Natural Gas1,013 Customer1,013 1,013229502‐6501‐560.28‐03Electrical Energy5,963 Customer5,963 5,963230502‐6501‐560.28‐04Water506 Customer506 506231502‐6501‐560.28‐05Sewer169 Customer169 169232502‐6501‐560.28‐06Trash Disposal1,463 Customer1,463 1,463233Total Utility Expenditures10,014 10,014 10,014 234502‐6501‐560.29‐06Interest on Deposits1,278 Customer1,278 1,278235502‐6501‐560.29‐08Payment In Lieu Of Taxes391 Customer391 391236502‐6501‐560.29‐09PUC Gross Receipt Taxes629 Customer629 629237502‐6501‐560.29‐10Franchise Fees10,934 Customer 10,934 10,934238502‐6501‐560.91‐28Housing‐ Customer0 0239Total Other Current Expenses13,233 13,233 13,233 240Total Administration/General320,754 320,754 320,754 241TOTAL CUSTOMER SERVICE799,668 799,668 799,668 242Total O&M Expense without Depr. Exp.799,668 799,668 799,668243Total O&M Expense Excluding Purchased Power & D799,668799,668 799,668244Debt Service:245502‐6700‐470.22‐10Bank Fees‐ Customer0 0Prepared by NewGen Strategies and Solutions Page 6 of 8DRAFT108
Estes Park Power and CommunicationsSchedule 5Classification of Customer CostsAB CDEFLine No.AccountAccount Description Test Year 2022 Allocation Factor Customer Total246502‐6700‐470.29‐67Amort Exp/Bond Issue Cost‐ Customer0 0247502‐6700‐470.41‐01Principal on Bonds‐ Customer0 0248502‐6700‐470.41‐02Interest on Bonds‐ Customer0 0249502‐6700‐470.41‐05Principal/Capital Lease‐ Customer0 0250502‐6700‐470.41‐06Interest/Capital Lease‐ Customer0 0251Total Debt Service000252Other Funds253502‐6600‐491.90‐01General‐ Customer0 0254502‐6600‐491.90‐04Community Reinvestment‐ Customer0 0255502‐6600‐491.90‐06Medical Insurance‐ Customer0 0256502‐6600‐491.90‐07Museum‐ Customer0 0257502‐6600‐491.90‐29Fire Service Fund‐ Customer0 0258502‐6600‐491.90‐35Vehicle Replacement‐ Customer0 0259502‐6600‐491.92‐31Urban Renewal Authority‐ Customer0 0260Total Other Funds000261Change in Working Capital12,308 Customer 12,308 12,308262Capital Paid from Current Earnings263502‐7001‐580.32‐22Building Remodeling‐ Customer0 0264502‐7001‐580.33‐30Station Equipment‐ Customer0 0265502‐7001‐580.33‐31Furniture/Fixtures‐ Customer0 0266502‐7001‐580.33‐32Office Equipment‐ Customer0 0267502‐7001‐580.33‐33Data Processing Equipment‐ Customer0 0268502‐7001‐580.33‐34Meters‐ Customer0 0269502‐7001‐580.33‐35Transformers‐ Customer0 0270502‐7001‐580.33‐36Communication Equipment18,002 Customer 18,002 18,002271502‐7001‐580.33‐37Laboratory Equipment‐ Customer0 0272502‐7001‐580.33‐38Shop Equipment‐ Customer0 0273502‐7001‐580.33‐39Stores Equipment‐ Customer0 0274502‐7001‐580.33‐41Tools‐ Customer0 0275502‐7001‐580.33‐98Other Equipment‐ Customer0 0276502‐7001‐580.34‐42Trucks39,380 Customer 39,380 39,380277502‐7001‐580.34‐98Other Machinery/Equipment‐ Customer0 0278502‐7001‐580.35‐55Street Lights‐ Customer0 0279502‐7001‐580.35‐56Poles/Towers/Fixtures‐ Customer0 0280502‐7001‐580.35‐57Power Line Construction‐ Customer0 0281502‐7001‐580.35‐58Inactive Underground‐ Customer0 0282502‐7001‐580.35‐59Customer Service Lines319,612 Customer 319,612 319,612283502‐7001‐580.35‐62UT System Master Plan‐ Customer0 0284502‐7001‐580.35‐66Fiber Optic Install‐ Customer0 0285502‐7001‐580.37‐01Software Development‐ Customer0 0286Total Capital 376,994 376,994 376,994287Subtotal Revenue Requirement 1,188,970 1,188,970 1,188,970288Less Other IncomePrepared by NewGen Strategies and Solutions Page 7 of 8DRAFT109
Estes Park Power and CommunicationsSchedule 5Classification of Customer CostsAB CDEFLine No.AccountAccount Description Test Year 2022 Allocation Factor Customer Total289Additional Heater656 Customer656 656290Customer Contribution‐ Customer0 0291Investment Income2,580 Customer2,580 2,580292Info Technology Services‐ Customer0 0293Pole Rental‐ Customer0 0294Vehicle Work Orders‐ Customer0 0295Field Work Orders400,000 Customer 400,000 400,000296Development Fees‐ Customer0 0297Meter Reading40,000 Customer 40,000 40,000298Buildings‐ Customer0 0299Other50,000 Customer 50,000 50,000300Fiberoptic Lease‐ Customer0 0301Special Initial Reads13,000 Customer 13,000 13,000302Outdoor Area Lights‐ Customer0 0303Surge Arrestor‐ Customer0 0304Write Off2,608 Customer2,608 2,608305Electric Metering‐ Customer0 0306Total Miscellaneous Revenue508,844508,844 508,844307Total Other Income508,844 508,844 508,844308Forecasted Under‐Recovery (per Financial Plan)‐ Customer00309Total O&M Expense without Depr or PP799,668 799,668 799,668310Debt Service000311Total Other Funds000312Change in Working Capital12,308 12,308 12,308313Capital Paid from Current Earnings376,994 376,994 376,994314Less Other Income508,844 508,844 508,844315Less Planned Under‐Recovery (per Financial Plan)000316Total Revenue Requirement680,126680,126 680,126317ALLOCATION FACTORS318Allocators31911320CustomerCustomer100% 100%32100322Not ApplicableNA0% 0%Prepared by NewGen Strategies and Solutions Page 8 of 8DRAFT110
Estes Park Power and CommunicationsSchedule 6Cost of Service by Customer Class B C D E F G H I J K L MLineNo.TotalAllocation FactorResidentialSmall CommercialSmall Commercial Energy Time‐of‐DayLarge CommercialLarge Commercial Time‐of‐DayMunicipal RateRMNP Administrative HousingRMNP Small AdministrativeRMNP Large AdministrativeTotal1Production2Customer509,556 No. Customers W/O RMNP 349,109 100,931 1,226 48,299 433 9,559000 509,5563Energy Summer (En)1,360,770 NEFL @ Trans ‐ PR Summer 522,735 344,569 6,421 445,769 3,401 37,874000 1,360,7704Energy Non‐Summer (En)3,217,708 NEFL @ Trans ‐ PR Winter 1,564,232 703,545 18,188 847,008 1,594 83,141000 3,217,7085Renewable Tariff 7 Adder0NEFL @ Trans00000 000006Renewable Intermittent Adder385,609NEFL @ Trans175,769 88,274 2,073 108,880 421 10,192000 385,6097Demand Summer (D)432,250 Summer PR CP Platte River 210,336 100,864 1,377 108,795 823 10,055000 432,2508Demand Non‐Summer (D)715,416 Winter PR CP Platte River385,877 145,191 3,158 164,320 312 16,557000 715,4169Demand Transmission1,519,087 Transmission with Ratchet 771,107 324,602 7,009 378,229 1,534 36,608000 1,519,08710DA RMNP0NA00000 0000011Subtotal PRPA8,140,3963,979,163 1,807,977 39,451 2,101,301 8,517 203,986000 8,140,39612PILOT, Franchise Fees and Other127,415PRPA Bill62,283 28,299 617 32,890 133 3,193000 127,41513Total Production8,267,811 4,041,446 1,836,276 40,069 2,134,191 8,650 207,179 ‐ ‐ ‐ 8,267,811 14CheckTRUE15Distribution16Demand Related17Substations2,204,647 9 NCP W/ RMNP1,119,763 465,436 10,020 537,634 2,419 53,0222374,537 11,579 2,204,64718Overhead1,616,286 9 NCP W/ RMNP820,928 341,223 7,346 394,154 1,773 38,8721743,326 8,489 1,616,28619Underground910,311 9 NCP W/ RMNP462,356 192,181 4,137 221,992 999 21,893981,873 4,781 910,31120Transformers477,070 Sum of Max Demands W/ RMNP 316,610 86,551 1,403 61,693 353 8,27655800 1,329 477,07021Subtotal ‐ Distribution ‐ Demand Related5,208,3142,719,658 1,085,391 22,907 1,215,471 5,544 122,064564 10,537 26,179 5,208,31422Customer Related23Overhead1,071,774 No. Customers W/ RMNP732,309 211,718 2,571 101,315 907 20,0513631,996544 1,071,77424Underground600,002 No. Customers W/ RMNP409,962 118,524 1,439 56,718 508 11,2252031,117305 600,00225Transformers318,047 No. Customers W/ RMNP217,311 62,827 763 30,065 269 5,950108592162 318,04726Services101,667 No. Customers W/ RMNP69,466 20,083 244 9,611 86 1,9023418952 101,66727Metering328,758 No. Customers W/ RMNP224,630 64,943 789 31,077 278 6,151111612167 328,75828Subtotal ‐ Distribution ‐ Customer Related2,420,2471,653,678 478,094 5,805 228,786 2,049 45,2798204,507 1,229 2,420,24729Direct Assignment30General Fund Transfer1,855,719GFT463,930 922,522 11,201 441,461 3,953 01,5818,697 2,372 1,855,719310NA000000000032Subtotal ‐ Distribution ‐ Direct Assignment1,855,719463,930 922,522 11,201 441,461 3,953 01,5818,697 2,372 1,855,71933Total Distribution9,484,280 4,837,266 2,486,007 39,913 1,885,719 11,546 167,343 2,964 23,742 29,781 9,484,28034CheckTRUE35Customer36Customer680,126 No. Customers W/ RMNP464,708 134,352 1,631 64,292 576 12,7242301,267345 680,12637Total Customer680,126 464,708 134,352 1,631 64,292 576 12,724 230 1,267 345 680,12638CheckTRUE39Total Cost of Service18,432,217 9,343,420 4,456,635 81,613 4,084,202 20,772 387,246 3,195 25,009 30,126 18,432,217 41COS ($/kWh)$0.1622 $0.1540 $0.1201 $0.1144 $0.1506 $0.1159 $0.3461 $0.0929 $0.0430 $0.145842Load Factor17.8% 32.7% 47.4% 56.6% 38.2% 39.5% 25.9%DescriptionAPrepared by NewGen Strategies and Solutions Page 1 of 3DRAFT111
Estes Park Power and CommunicationsSchedule 6Cost of Service by Customer Class B C D E F G H I J K L MLineNo.TotalAllocation FactorResidentialSmall CommercialSmall Commercial Energy Time‐of‐DayLarge CommercialLarge Commercial Time‐of‐DayMunicipal RateRMNP Administrative HousingRMNP Small AdministrativeRMNP Large AdministrativeTotalDescriptionA43ALLOCATION FACTORS44Fundamental Allocators ‐ Jurisdictional4514,411 5,867 120 7,275 70 687000 28,43146Demand (1 CP) Estes Park1 CP Estes Park51% 21% 0% 26% 0% 2%0%0%0% 100%4740,757 14,546 322 15,624 22 1,807000 73,07848Demand (3 CP) Estes Park3 CP Estes Park56% 20% 0% 21% 0% 2%0%0%0% 100%4952,072 19,443 429 20,875 29 2,276000 95,12550Demand (4 CP) Estes Park4 CP Estes Park55% 20% 0% 22% 0% 2%0%0%0% 100%5169,868 30,067 651 33,549 70 3,401000 137,60752Demand (6 CP) Estes Park6 CP Estes Park51% 22% 0% 24% 0% 2%0%0%0% 100%53124,605 52,516 1,136 61,054 235 5,915000 245,46054Demand (12 CP) Estes Park12 CP Estes Park51% 21% 0% 25% 0% 2%0%0%0% 100%5513,473 4,871 124 5,585 48 578000 24,67956Demand (1 CP) Platte River1 CP Platte River55% 20% 1% 23% 0% 2%0%0%0% 100%5739,260 13,448 292 13,567 20 1,523000 68,11058Demand (3 CP) Platte River3 CP Platte River58% 20% 0% 20% 0% 2%0%0%0% 100%5951,015 17,088 365 18,889 27 2,101000 89,48560Demand (4 CP) Platte River4 CP Platte River57% 19% 0% 21% 0% 2%0%0%0% 100%6172,367 25,093 571 27,631 40 2,893000 128,59562Demand (6 CP) Platte River6 CP Platte River56% 20% 0% 21% 0% 2%0%0%0% 100%63117,780 47,663 911 53,117 196 5,212000 224,88064Demand (12 CP) Platte River12 CP Platte River52% 21% 0% 24% 0% 2%0%0%0% 100%6532,409 15,542 212 16,763 127 1,549000 66,60266Summer PR CP Platte RiverSummer PR CP Platte River49% 23% 0% 25% 0% 2%0%0%0% 100%6785,371 32,122 699 36,354 69 3,663000 158,27868Winter PR CP Platte RiverWinter PR CP Platte River54% 20% 0% 23% 0% 2%0%0%0% 100%69Tranmission Cost Before Ratchet12 CP Estes Park743,892 313,522 6,782 364,491 1,401 35,311 ‐‐‐1,465,39870Additional Trasnmission Cost associated with Ratchet1 CP Estes Park27,214 11,080 227 13,738 133 1,297 ‐ ‐ ‐ 53,68971Total Transmission Cost771,107 324,602 7,009 378,229 1,534 36,608 ‐‐‐1,519,08772TransmissionTransmission with Ratchet51% 21% 0% 25% 0% 2%0%0%0% 100%7316,813 6,953 185 8,376 96 885772181 33,56774Demand (1 NCP) with RMNP1 NCP W/ RMNP50% 21% 1% 25% 0% 3%0%0%1% 100%7562,013 25,816 605 30,250 219 3,10320262686 122,97476Demand (4 NCP) with RMNP4 NCP W/ RMNP50% 21% 0% 25% 0% 3%0%0%1% 100%7790,389 37,253 844 43,447 250 4,36826370979 177,92678Demand (6 NCP) with RMNP6 NCP W/ RMNP51% 21% 0% 24% 0% 2%0%0%1% 100%79129,362 53,770 1,158 62,111 279 6,12527524 1,338 254,69580Demand (9 NCP) with RMNP9 NCP W/ RMNP51% 21% 0% 24% 0% 2%0%0%1% 100%81159,885 68,692 1,369 78,348 305 7,66327635 1,558 318,48282Demand (12NCP) with RMNP12 NCP W/ RMNP50% 22% 0% 25% 0% 2%0%0%0% 100%83443,504 121,240 1,965 86,418 494 11,594771,121 1,862 668,27484Sum of Max Demands with RMNPSum of Max Demands W/ RMNP66% 18% 0% 13% 0% 2%0%0%0% 100%8557,610,664 28,933,187 679,330 35,687,102 137,894 3,340,617000 126,388,79586kWh Sold @ MeterkWh @ Meter46% 23% 1% 28% 0% 3%0%0%0% 100%Prepared by NewGen Strategies and Solutions Page 2 of 3DRAFT112
Estes Park Power and CommunicationsSchedule 6Cost of Service by Customer Class B C D E F G H I J K L MLineNo.TotalAllocation FactorResidentialSmall CommercialSmall Commercial Energy Time‐of‐DayLarge CommercialLarge Commercial Time‐of‐DayMunicipal RateRMNP Administrative HousingRMNP Small AdministrativeRMNP Large AdministrativeTotalDescriptionA8760,351,830 30,309,853 711,653 37,385,125 144,455 3,499,567000 132,402,48388NEFL (Transmission Service)NEFL @ Trans46% 23% 1% 28% 0% 3%0%0%0% 100%8915,116,679 9,964,416 185,685 12,890,958 98,349 1,095,265000 39,351,35290NEFL (Transmission Service) PR SummerNEFL @ Trans ‐ PR Summer38% 25% 0% 33% 0% 3%0%0%0% 100%9145,235,151 20,345,438 525,968 24,494,167 46,106 2,404,301000 93,051,13192NEFL (Transmission Service) PR WinterNEFL @ Trans ‐ PR Winter49% 22% 1% 26% 0% 3%0%0%0% 100%93number of customer months97,828 28,283 343 1,353 12 8934826773 129,10194Weighting1.0 1.0 1.0 10.0 10.0 3.01.01.01.095Weighted Customer Months97,828 28,283 343 13,535 121 2,6794826773 143,17796Weighted Number of Customer Months (Meter Based) with RMNPNo. Customers W/ RMNP 68% 20% 0% 9% 0% 2% 0% 0% 0% 100%9797,828 28,283 343 13,535 121 2,679000 142,78998Weighted Number of Customer Months (Meter Based) without RMNPNo. Customers W/O RMNP 69% 20% 0% 9% 0% 2% 0% 0% 0% 100%99000000 0 0 0 1100General Fund TransferGFT 25% 50% 1% 24% 0% 0% 0% 0% 0% 100%10100000 09,232 269,060 700,510 978,802102Rocky Mountain National Park Direct AssignmentRMNP DA0% 0% 0% 0% 0% 0%1%27%72% 100%103000001 0 0 0 1104MuncipalMunicipal 0% 0% 0% 0% 0% 100% 0% 0% 0% 100%1053,979,163 1,807,977 39,451 2,101,301 8,517 203,986000 8,140,396106PRPA BillPRPA Bill 49% 22% 0% 26% 0% 3% 0% 0% 0% 100%107000000 0 1 0 1108Not ApplicableNA 0% 0% 0% 0% 0% 0% 0% 0% 0% 0%Prepared by NewGen Strategies and Solutions Page 3 of 3DRAFT113
Estes Park Power and CommunicationsSchedule 7Revenue Summary by Customer ClassABCDEFGHIJKLM2019 Rates COSTY 2022 TY 2022 Modified TY 2022Proposed TY 2022Line No. Class TY 2022 Units Revenue ($) Difference ($) Difference (%) Target Increase Target Increase Actual Increase Difference ($) Difference (%) Revenue ($) Difference ($) Difference (%)1 Residential7,501,239$ 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 Demand568,569 460,850 (107,719) (18.95%) (107,719) 000 0.00% 568,569 0 0.00%3 Residential Energy Time-of-Day630,458 719,554 89,096 14.13% 89,096 76,364 76,364 (0) 0.00% 706,822 76,364 12.11%4 Residential Energy Basic Time-of-Day 49,164 48,145 (1,019) (2.07%) (1,019) 000 0.00%49,164 0 0.00%5 Small Commercial4,347,393 4,456,635 109,242 2.51% 109,242 93,630 93,6300 0.00% 4,441,023 93,630 2.15%6 Small Commercial Energy Time-of-Day 85,069 81,613 (3,456) (4.06%) (3,456) 0(0) (0) 0.00%85,069 (0) (0.00%)7 Large Commercial3,695,196 4,084,202 389,006 10.53% 389,006 333,414 333,414 (0) 0.00% 4,028,609 333,414 9.02%8 Large Commercial Time-of-Day18,327 20,772 2,445 13.34% 2,445 2,096 2,0960 0.00%20,423 2,096 11.44%9 Municipal442,979 387,246 (55,733) (12.58%) (55,733) 0(0) (0) 0.00% 442,979 (0) (0.00%)10 RMNP Administrative Housing1,738 3,195 1,457 83.87% 1,457 000 0.00%1,738 0 0.00%11 RMNP Small Administrative21,154 25,009 3,855 18.22% 3,855 000 0.00%21,154 0 0.00%12 RMNP Large Administrative39,490 30,126 (9,364) (23.71%) (9,364) 000 0.00%39,490 0 0.00%13 Total17,400,775$ 18,432,217$ 1,031,442$ 5.93% 1,031,442$ 1,031,442$ 1,031,442$ 0$ 0.00% 18,432,217$ 1,031,442$ 5.93%Increase over 2019 RatesActual Increase versus TargetIncrease from 2019 to 2022Prepared by NewGen Strategies and Solutions Page 1 of 1DRAFT114
Estes Park Power and CommunicationsSchedule 8Proposed Rate SchedulesABCDEFGHRate 2022 2019 2020 2021 2022Line No. Class Component Units COS Rate Rate Rate Rate1Residential2Customer Charge$/Bill 25.06 22.70 23.47 24.23 25.003Energy Charge$/kWh 0.1188 0.1095 0.1119 0.1144 0.11684Wholesale Power Cost Adjustment Charge$/kWh 0.0028 0.0035 0.0000 0.0014 0.002856Average Rate$/kWh 0.1695 0.1565 0.1602 0.1639 0.167678Residential Demand9Customer Charge$/Bill 27.46 26.10 26.90 27.70 28.5010Energy Charge Summer$/kWh 0.1126 0.1095 0.1119 0.1144 0.116811Energy Charge Winter$/kWh 0.0365 0.0654 0.0645 0.0636 0.062712Demand Charge$/kW 12.53 13.60 13.60 13.60 13.6013Wholesale Power Cost Adjustment Charge$/kWh 0.0028 0.0035 0.0000 0.0014 0.00281415Average Rate$/kWh 0.1105 0.1355 0.1358 0.1360 0.13631617Residential Energy Time‐of‐Day18Customer Charge$/Bill 27.76 26.10 26.90 27.70 28.5019Energy Charge On-Peak$/kWh 0.1689 0.1520 0.1566 0.1612 0.165820Energy Charge Off-Peak$/kWh 0.0928 0.0760 0.0806 0.0852 0.089821Wholesale Power Cost Adjustment Charge$/kWh 0.0028 0.0035 0.0000 0.0014 0.00282223Average Rate$/kWh 0.1384 0.1209 0.1259 0.1309 0.135924ProposedPrepared by NewGen Strategies and Solutions Page 1 of 3DRAFT115
Estes Park Power and CommunicationsSchedule 8Proposed Rate SchedulesABCDEFGHRate 2022 2019 2020 2021 2022Line No. Class Component Units COS Rate Rate Rate RateProposed25Residential Energy Basic Time‐of‐Day26Customer Charge$/Bill 28.08 26.10 26.90 27.70 28.5027Energy Charge Summer$/kWh 0.1166 0.1095 0.1119 0.1144 0.116828Energy Charge On-Peak$/kWh 0.1689 0.1345 0.1470 0.1595 0.171929Energy Charge Off-Peak$/kWh 0.0928 0.1077 0.1038 0.0998 0.095930Wholesale Power Cost Adjustment Charge$/kWh 0.0028 0.0035 0.0000 0.0014 0.00283132Average Rate$/kWh 0.1365 0.1389 0.1391 0.1392 0.13943334Small Commercial35Customer Charge$/Bill 25.22 33.37 33.25 33.12 33.0036Energy Charge$/kWh 0.1266 0.1140 0.1154 0.1169 0.118337Wholesale Power Cost Adjustment Charge$/kWh 0.0028 0.0035 0.0000 0.0014 0.00283839Average Rate$/kWh 0.1540 0.1504 0.1515 0.1525 0.15354041Small Commercial Energy Time‐of‐Day42Customer Charge$/Bill 25.22 36.77 36.51 36.26 36.0043Energy Charge On-Peak$/kWh 0.1353 0.1615 0.1526 0.1438 0.134944Energy Charge Off-Peak$/kWh 0.0876 0.0708 0.0763 0.0818 0.087245Wholesale Power Cost Adjustment Charge$/kWh 0.0028 0.0035 0.0000 0.0014 0.00284647Average Rate$/kWh 0.1201 0.1248 0.1249 0.1251 0.125248Prepared by NewGen Strategies and Solutions Page 2 of 3DRAFT116
Estes Park Power and CommunicationsSchedule 8Proposed Rate SchedulesABCDEFGHRate 2022 2019 2020 2021 2022Line No. Class Component Units COS Rate Rate Rate RateProposed49Large Commercial50Customer Charge$/Bill 252.23 45.23 45.49 45.74 46.0051Energy Charge$/kWh 0.0547 0.0625 0.0633 0.0640 0.064852Demand Charge$/kW 19.55 14.80 15.87 16.93 18.0053Wholesale Power Cost Adjustment Charge$/kWh 0.0028 0.0035 0.0000 0.0014 0.00285455Average Rate$/kWh 0.1144 0.1036 0.1067 0.1098 0.11295657Large Commercial Time‐of‐Day58Customer Charge$/Bill 252.23 53.18 53.79 54.39 55.0059Energy Charge On-Peak$/kWh 0.0774 0.0820 0.0848 0.0876 0.090460Energy Charge Off-Peak$/kWh 0.0365 0.0445 0.0461 0.0478 0.049561Demand Charge$/kW 19.49 17.45 18.30 19.15 20.0062Wholesale Power Cost Adjustment Charge$/kWh 0.0028 0.0035 0.0000 0.0014 0.00286364Average Rate$/kWh 0.1506 0.1331 0.1381 0.1431 0.14816566Municipal67Customer Charge$/Bill 75.67 0.00 9.00 18.00 27.0068Energy Charge$/kWh 0.0929 0.1171 0.1149 0.1128 0.110669Wholesale Power Cost Adjustment Charge$/kWh 0.0028 0.0035 0.0000 0.0014 0.00287071Average Rate$/kWh 0.1159 0.1327 0.1327 0.1326 0.1326Prepared by NewGen Strategies and Solutions Page 3 of 3DRAFT117
TOWN OF ESTES PARK, COLORADO
PROPOSED Electric Rate Summary 2020-2023, Public Meeting 8/25/2020
On-Peak Off-Peak Standard
Customer Energy Energy Demand Rate for
Customer Rate Class Year (2)Charge Consumption Consumption Charge May thru
$/Month Charge Charge $/kW August
$/kWh $/kWh $/kWh
RESIDENTIAL (1)2020 $22.70 $0.1095 $0.00349 --- --- ---
Jan 2021 $23.47 $0.1119 $0.00000 --- --- ---
2022 $24.23 $0.1144 TBD --- --- ---
2023 $25.00 $0.1168 TBD --- --- ---
RESIDENTIAL DEMAND (1)2020 $26.10 $0.0654 $0.00349 --- $13.60 ---
Jan 2021 $26.90 $0.0645 $0.00000 --- $13.60 ---
2022 $27.70 $0.0636 TBD --- $13.60 ---
2023 $28.50 $0.0627 TBD --- $13.60 ---
RESIDENTIAL ENERGY TIME-OF-DAY (1)2020 $26.10 $0.1520 $0.00349 $0.0760 --- ---
Jan 2021 $26.90 $0.1566 $0.00000 $0.0806 --- ---
2022 $27.70 $0.1612 TBD $0.0852 --- ---
2023 $28.50 $0.1658 TBD $0.0898 --- ---
RESIDENTIAL ENERGY BASIC TIME-OF-DAY (1)2020 $26.10 $0.1345 $0.00349 $0.1077 --- $0.1095
Jan 2021 $26.90 $0.1470 $0.00000 $0.1038 --- $0.1119
2022 $27.70 $0.1595 TBD $0.0998 --- $0.1144
2023 $28.50 $0.1719 TBD $0.0959 --- $0.1168
SMALL COMMERCIAL (1)2020 $33.37 $0.1140 $0.00349 --- --- ---
Jan 2021 $33.25 $0.1154 $0.00000 --- --- ---
2022 $33.12 $0.1169 TBD --- --- ---
2023 $33.00 $0.1183 TBD --- --- ---
SMALL COMMERCIAL ENERGY TIME-OF-DAY (1)2020 $36.77 $0.1615 $0.00349 $0.0708 --- ---
Jan 2021 $36.51 $0.1526 $0.00000 $0.0763 --- ---
2022 $36.26 $0.1438 TBD $0.0818 --- ---
2023 $36.00 $0.1349 TBD $0.0872 --- ---
LARGE COMMERCIAL (1)2020 $45.23 $0.0625 $0.00349 --- $14.80 ---
Jan 2021 $45.49 $0.0633 $0.00000 --- $15.87 ---
2022 $45.74 $0.0640 TBD --- $16.93 ---
2023 $46.00 $0.0648 TBD --- $18.00 ---
LARGE COMMERICIAL TIME-OF-DAY (1)2020 $53.18 $0.0820 $0.00349 $0.0445 $17.45 ---
Jan 2021 $53.79 $0.0848 $0.00000 $0.0461 $18.30 ---
2022 $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 --------- --- ---
Jan 2021 $36.49 --------- --- ---
2022 $36.49 --------- --- ---
2023 $36.49 --------- --- ---
RENEWABLE ENERGY CHARGE (1)2020 --- $0.0275 $0.00000 --- --- ---
Jan 2021 --- $0.0275 --- --- ---
2022 --- $0.0275 --- --- ---
2023 --- $0.0275 --- --- ---
MUNICIPAL RATE (1)2020 $0.00 $0.1171 $0.00349 --- --- ---
Jan 2021 $9.00 $0.1149 $0.00000 --- --- ---
2022 $18.00 $0.1128 TBD --- --- ---
2023 $27.00 $0.1106 TBD --- --- ---
Purchase Power
Rider $/kWh
Available to all residential customers and residential
customers with electric heat up to 25,000 kWh annually.
Available to existing customers on this rate, September
through April. All other times the Residential energy
charge would apply.
Available to all residential customers using electric
thermal storage heat.
Available to all residential customers not using electric
thermal storage heat. These rates apply September
through April. Standard rates apply May through August.
Available to all commercial customers with demands of
35 kW or less.
Available to all commercial customers using electric
thermal storage heat with demands of 35 kW or less
Available to all commercial customers with demands
exceeding 35 kW
Available to all commercial customers with demands
exceeding 35 kW
Available for lighting outdoor private areas
Voluntary participation available to all classes; charge
per 100 kWh block
Available for electricty use on municipal property
118
TOWN OF ESTES PARK, COLORADO
PROPOSED Electric Rate Summary 2020-2022, Public Meeting 8/25/2020
RMNP ADMINISTRATIVE HOUSING 2020 $22.70 $0.0690 N/A --- --- ---
Jan 2021 $22.70 $0.0690 N/A --- --- ---
2022 $22.70 $0.0690 N/A --- --- ---
2023 $22.70 $0.0690 N/A --- --- ---
RMNP SMALL ADMINISTRATIVE 2020 $33.37 $0.0456 N/A --- --- ---
Jan 2021 $33.37 $0.0456 N/A --- --- ---
2022 $33.37 $0.0456 N/A --- --- ---
2023 $33.37 $0.0456 N/A --- --- ---
RMNP LARGE ADMINISTRATIVE 2020 $45.23 $0.0185 N/A --- $12.50 ---
Jan 2021 $45.23 $0.0185 N/A --- $12.50 ---
2022 $45.23 $0.0185 N/A --- $12.50 ---
2023 $45.23 $0.0185 N/A --- $12.50 ---
NOTES:
(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 Energy "Basic" Time-of-Day is available for every residential customer except as stated above.
These rates apply only September thru April (for May thru August, the standard Residential rate applies):
ON-PEAK for Residential "Basic" Time-of-Day Customers: 4:00 pm to 7:00 pm weekdays
Updated 05-21-2020
Available to Rocky Mountain National Park residences
having an alternate power source delivered to Estes
Park's distribution system
Available to RMNP administrative accounts having an
alternate power source delivered to Estes Park's
distribution system with demands of 35kW or less
Smart Meter/Advanced Metering 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
Available to RMNP administrative accounts having an
alternate power source delivered to Estes Park's
distribution system with demands exceeding 35kW
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.
Residential Energy Time-of-Day available only for residential customers using electric thermal storage 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
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
119
1214141416120
TOWN CLERK 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
Objective:
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
Advantages:
To comply with the bylaws of the Larimer County Open Lands Advisory Board.
1315151517121
Disadvantages:
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.
1416161618122
Effective Period: Until Superseded
Review Schedule: After each municipal election
Revised: 04/28/2020 06/09/2020
Effective Date: 4/28/202006/09/2020
References: Governing Policies Manual; Governance Policy Manual 1.6 Board
Appointed Committee Principles
TOWN BOARD POLICY GOVERNANCE
BOARD OF TRUSTEES DIVISION OF RESPONSIBILITIES
101
Revisions 04/28/202006/09/2020
1.Purpose The Board of Trustees has many varied responsibilities. In order to 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)
1517171719123
Effective Period: Until Superseded
Review Schedule: After each municipal election
Revised: 04/28/2020 06/09/2020
Effective Date: 4/28/202006/09/2020
References: Governing Policies Manual; Governance Policy Manual 1.6 Board
Appointed Committee Principles
TOWN BOARD POLICY GOVERNANCE
BOARD OF TRUSTEES DIVISION OF RESPONSIBILITIES
101
Revisions 04/28/202006/09/2020
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.
1618181820124
Effective Period: Until Superseded
Review Schedule: After each municipal election
Revised: 04/28/2020 06/09/2020
Effective Date: 4/28/202006/09/2020
References: Governing Policies Manual; Governance Policy Manual 1.6 Board
Appointed Committee Principles
TOWN BOARD POLICY GOVERNANCE
BOARD OF TRUSTEES DIVISION OF RESPONSIBILITIES
101
Revisions 04/28/202006/09/2020
Board Assignments
Mayor Pro‐Tem ‐ __ Trustee Martchink_____________
Board and Commission and Community Representation
Board, Commission or Task Force Liaison Staff Liaison Type of
Committee
Estes Park Planning Commission Trustee MacAlpine Randy Hunt Advisory/ Decision
Making
Estes Park Board of Adjustment Trustee MacAlpine Randy Hunt Decision Making
Western Heritage Inc Trustee Cenac n/a Outside
Estes Park Museum Friends and Foundation
Inc.
Derek Fortini Outside
Ambassadors Teri Salerno Outside
Police Auxiliary Trustee Younglund Wes Kufeld Working Group
Parks Advisory Board Trustee Cenac Brian Berg Advisory
Transportation Advisory Board Trustee Bangs Greg Muhonen Advisory
Estes Valley Restorative Justice Trustee Bangs Denise Lord Working Group
Estes Park Board of Appeals Trustee MacAlpine Randy Hunt Advisory/Decision
Making
Sister Cities Trustee MacAlpine n/a Working Group
Family Advisory Board Trustee Younglund Jason Damweber Advisory
1719191921125
Effective Period: Until Superseded
Review Schedule: After each municipal election
Revised: 04/28/2020 06/09/2020
Effective Date: 4/28/202006/09/2020
References: Governing Policies Manual; Governance Policy Manual 1.6 Board
Appointed Committee Principles
TOWN BOARD POLICY GOVERNANCE
BOARD OF TRUSTEES DIVISION OF RESPONSIBILITIES
101
Revisions 04/28/202006/09/2020
Committee or Board Appointed
Member(s)
Staff Liaison Type of
Committee
Audit Committee Mayor Koenig
Mayor Pro Tem
Martchink
Trustee
MacAlpine
Travis Machalek
Duane Hudson
Advisory
Colorado Association of Ski Towns (CAST) Voting Designee
–Mayor Koenig
Alt Designee TA
Machalek
n/a Outside
Platte River Power Authority Board of
Directors
Mayor Koenig Reuben Bergsten Outside
Larimer County Open Lands Board Trustee Cena c n/a Outside
Estes Park Economic Development
Corporation Board of Directors
Trustee
Martchink & TA
Machalek
n/a Outside
Larimer County Solid Waste Policy Council Trustee Zornes Outside
Local Marketing District (Visit Estes Park) Mayor Koenig,
Trustee Cenac
n/a Outside
Regional Transportation Infrastructure
Funding Task Force
Trustee
Martchink
Outside
Larimer County Behavioral Health Policy
Council
Trustee Zornes n/a Outside
___________________________________
Wendy Koenig
Mayor
1820202022126
PUBLIC WORKS 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
Objective:
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);
1921212123127
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).
Advantages:
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.
Disadvantages:
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.
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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
2123232325129
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
2224242426130
STATE OF COLORADO SUBAWARD AGREEMENT
COVER PAGE
State Agency
Department of Transportation
Subrecipient
TOWN OF ESTES PARK
Agreement Number/ PO Number
20-HTR-ZL-03243 I 491002209
Agreement Performance Beginning Date
The Effective Date
1---------------------------i Initial Agreement Expiration Date
Subaward Agreement Amount
Federal Funds
Maximum Amount (100%)
Local Funds
Local Match Amount (0%)
Agreement Total
Agreement Purpose
December 31, 2020
Fund Expenditure End Date
$94,975.00 December 31, 2020
Agreement Authority
$0.00 Authority to enter into this Agreement exists in
CRS §§43-1-106, 43-1-110, 43-1-117.5, 43-1-701,
$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.
CARES Act provides funds to prevent, prepare for, and respond to COVlD-19. CARES Act funds are
available for all FT A 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 COVlD-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 following 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 Contract/Agreement Clauses.
3.Colorado Special Provisions in § 17 of the main body of this Agreement.
4.The provisions of the other sections of the main body of this Agreement.
5.Exhibit A-Statement of Work and Budget.
6.Executed Option Letters (if any).
Principal Representatives
For the State:
Moira Moon
Division of Transit and Rail
Colorado Dept. of Transportation
2829 W. Howard Place
Denver, CO 80204
moira.moon@state.co. us
Contract Number: 20-HTR-ZL-03243 491002209
For Subrecipient:
Vanessa Solesbee
TOWN OF ESTES PARK
PO BOX 1200
ESTES PARK, CO 80517
vsolesbee@estes.org
Page 1 of 44 Version 10/23119
131
SIGNATURE PAGE
THE PARTIES HERETO HA VE EXECUTED TIDS AGREEMENT
Each person signing this Agreement represents and warrants that the signer is duly authorized to execute this
Agreement and to bind the Party authorizing such signature.
SUB RECIPIENT STATE OF COLORADO
TOWN OF ESTES PARK Jared S. Polis, Governor
Department of Transportation
Shoshana M. Lew, Executive Director
By: David Krntsinger, 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 Individual 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 Number: 20-HTR-ZL-03243/491002209 Page 2 of44 Version I 0/23/19
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
I 0. INSURANCE ........................................................................................................................................ 11
II.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
"Subrecipient"), 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 DA TE
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 §5.D, or after the Fund Expenditure End Date.
B.Initial Tem1
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 further 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.
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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 tem1inate 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 Breach of
Agreement by Subrecipient, which shall be governed by §12.A.i.
1. 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.
11. 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.
111.Payments
If the State terminates this Agreement in the public interest, the State shall pay Subrecipient an amount
equal to the percentage of the total reimbursement payable under this Agreement that corresponds to the
percentage of Work satisfactorily completed and accepted, as determined by the State, less payments
previously made. Additionally, if this Agreement is less than 60% 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 Requirements
Subrecipient may request termination of this Agreement 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.DEFINITIONS
The following terms shall be constmed and interpreted as follows:
A."Agreement" means this subaward agreement, including all attached Exhibits, all documents incorporated
by reference, all referenced statutes, mies 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 of proceedings under
any bankmptcy, 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 §24-109-105, 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, §§24-72-200.1, et. seq., C.R.S.
G."Deliverable" means the outcome to be achieved or output to be provided, in the form of a tangible or
intangible Good or Service that is produced as a result ofSubrecipient's Work that is intended to be delivered
by Subrecipient.
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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 Award" 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 Awarding 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.
0."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 § §24-3 7 .5-40 I,
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,
instmction, 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 FT A's standard tenns and conditions governing the administration of a project supported with federal
assistance awarded by FT A.
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 inforn1ation including, without limitation, any infommtion 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
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135
who has the right to disclose such information; or (v) was independently developed without reliance on any
State Confidential Information.
Z."State Fiscal Rules" means the fiscal mies promulgated by the Colorado State Controller pursuant to §24-
30-202( l 3)(a), C.R.S.
AA. "State Fiscal Year" means a I 2-month period beginning on July 1 of each calendar year and ending 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 that calendar year.
BB. "State Records" means any and all State data, information, and records regardless of physical form.
CC."Subaward Maximum 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. "Subrecipient" means a non-Federal entity that receives a sub-award from a Recipient to carry out part ofa
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 known as the
"Super Circular, which supersedes requirements from 0MB 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 Product" 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,
pichtres, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, infommtion, and
any other results of the Work. "Work Product" does not include any material that was developed prior to the
Effective Date that is used, without modification, in the perfonnance of the Work.
Any other tenn used in this Agreement that is defined elsewhere in this Agreement or in an Exhibit shall be
construed and interpreted as defined in that section.
4.STATEMENT 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 Subrecipienl for the delivery of any goods or the
performance of any services that are not specifically set forth in this Agreement.
5.PAYMENTS 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 this Agreement that exceeds the Subaward Maximum Amount shown on
the Cover Page of this Agreement as "Federal Funds Maximum Amount".
B.Payment Procedures
1. Invoices 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 requests by invoice to the 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.The acceptance of an invoice shall not constitute acceptance of any Work performed or Deliverables
provided under this Agreement.
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11.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 full; provided, however, that interest shall not accrue on unpaid amounts
that the State disputes 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.
lit. 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 or payment 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 after 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.
1v. 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 funds or funds from any other non-State funds constitute all or some of the Grant
Funds, the State's obligation to pay Subrecipient shall be contingent upon such non-State funding
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 funds are not appropriated, or otherwise become
unavailable to fund this Agreement, the State may, upon written notice, terminate this Agreement, in
whole or in part, without incurring further 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 funds on the basis of a later audit or other review. Any cost disallowance
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 ra\sed the _full
amount of Matching Funds prior to the Effective Date and shall report to the State regarding the status of
such funds upon request. Subrecipient's obligation to pay all or any part of any Matching Funds, whether
direct or contingent, only extends to funds duly and lawfully 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 account. Subrecipient does not by this Agreement irrevocably pledge present cash
reserves for payments in fuh1re 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
1.The State shall reimburse Subrecipient for the federal share of properly documented allowable costs
related to the Work after 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 funding
is retroactive. The State shall pay Subrecipient for costs or expenses incurred or perfommnce by the
Subrecipient prior to the Effective Date, only if (1) the Grant Funds involve federal funding and (2)
federal laws, rules, and regulations applicable to the Work provide for such retroactive payments to the
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Subrecipient. Any such retroactive payments shall comply with State Fiscal Rules and be made in
accordance with the provisions of this Agreement.
11. The State shall reimburse Subrecipient's allowable costs, not exceeding the Subaward Maximum
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 Amount
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.
111. 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 the 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 value received by
Subrecipient that reduce the cost actually incurred).
iv.Subrecipient's costs for Work performed after the Fund Expenditure End Date shown on the Cover Page
for this Agreement, or after any phase perfonnance period end date for a respective phase of the Work,
shall not be reimbursable. Subrecipient shall initiate any payment request by submitting invoices to the
State in the form and manner set forth 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. lf 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 failure to submit required documentation, then Subrecipient may be
prohibited from applying for new Federal Awards through the State until such documentation is submitted
and accepted.
6.REPORTING -NOTIFICATION
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 Stale. 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 pleading or other document in connection with an action before a court or
other adminis trative decision making body, and such pleading or document relates to this Agreement or may
affect Subrecipient's ability to perform its obligations under this Agreement, Subrecipient 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 Tenn if no Extension Tenns are exercised, or the final Extension Term
exercised by the State, containing an evaluation and review ofSubrecipient'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 noncompli ance
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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 expenditure 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 until all litigation, claims, or audit 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 governmental 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, et. 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, mies, 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.
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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 Infom1ation. 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 Information. 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 return 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.
lfSubrecipient is prevented by law or regulation from returning or destroying State Confidential Infonnation,
Subrecipient warrants it will guarantee the confidentiality of, and cease to use, such State Confidential
Information.
D.Incident Notice and Remediation
IfSubrecipient becomes aware of any Incident, Subrecipient shall notify the State immediately and cooperate
with the State regarding recovery, remediation, and the necessity to involve 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 Incident. After an Incident, Subrecipient shall
take steps to reduce the risk of incurring a similar type oflncident in the future as directed by the State, which
may include, but is not limited to, developing and implementing a remediation plan that is approved by the
State at no additional cost to the State. The State may adjust or direct modifications to this plan, in its sole
discretion and Subrecipient shall make all modifications as directed by the State. If 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 plan, and Subrecipient shall reimburse the State for the reasonable costs
thereof. The State may, in its sole discretion and at Subrecipient's sole expense, require Subrecipient to
engage the services of an independent, qualified, State-approved third party to conduct a security audit.
Subrecipient shall provide the State with 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 protections afforded Work
Product only apply to Work Product that requires confidential treatment.
F.Safeguarding Pll
If Subrecipient or any of its Subcontractors will or may receive Pll under this Agreement, Subrecipient shall
provide for the security of such PII, in a manner and form acceptable to the State, including, without
limitation, State non-disclosure requirements, use of appropriate technology, security practices, computer
access security, data access security, 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 §§24-73-10 I et seq.,
C.R.S.
9.CONFLICTS OF INTEREST
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.
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B.Apparent Conflicts oflnterest
Subrecipient acknowledges that, with respect to this Agreement, even the appearance of a conflict of interest
shall be harmful to the State's interests. Absent the State's prior written approval, Subrecipient shall refrain
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.Disclosure to 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 disclosure 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 constitutes a breach of this Agreement.
D.Subrecipient acknowledges that all State employees are subject to the ethical principles described in §24-18-
105, C.R.S. Subrecipient further acknowledges that State employees may be subject to the requirements of
§24-18-105, 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 disclosure
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 suoject to such penalties as are allowed by law.
l 0. 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 through self-insurance ·shall be issued by insurance 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:
1. $1,000,000 each occurrence;
11. $1,000,000 general aggregate;
111. $1,000,000 products and completed operations aggregate; and
1v. $50,000 any I 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.Additional Insured
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 ofSubrecipient
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 prov1s1ons preventing cancellation or non-renewal, except for
cancellation based on non-payment of premiums, without at least 30 days prior notice to Subrecipient and
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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 subrogation
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 Immunity Act, §24-
10-101, 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 GIA. 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 of the liability insurance requirements 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 under this Agreement prior to the Effective Date, except that, ifSubrecipient'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 15 days before the expiration date ofSubrecipient's
or any Subcontractor's coverage, Subrecipient shall deliver 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 Days following the request by the State, supply to the State
evidence satisfactory to the State of compliance with the provisions of this section.
11.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 this 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 §24-109-105, 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 effect.
12.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.
1. Tennination for Breach of Agreement
In the event ofSubrecipient'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.
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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 tem1inate 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 tennination. 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 detennined. 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.
11. 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 perfomiance 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 ofSubrecipient'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.Intellectual 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;
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(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 otherwise, 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 member 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 the 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 24-109-10 I. I
through 24-109-505, C.R.S., (collectively, the "Resolution Statutes"), except 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 further 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 Representative 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 receipt requested to the principal representative at the email address, if
any, set forth on the Cover Page for this Agreement. 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 representative at the address set forth on the Cover Page for this Agreement. Either Party
may change its principal representative 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 to this Agreement. Unless otherwise
provided in this Agreement, notices shall be effective upon delivery of the written notice.
15.RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
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 others to use the 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, studies, data,
images, photographs, negatives, pich1res, drawings, designs, models, surveys, maps, materials, ideas,
concepts, know-how, and information 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 prior written consent of the State. Upon termination
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of this Agreement for any reason, Subrecipient shall 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, whether 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 shall 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 the 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,
shall 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
This Agreement represents the complete integration of all understandings between the 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 that signatory signed shall be incorporated into this Agreement by reference.
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I.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 Tern1s 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 on line 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 with the intent
of this Agreement.
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 l.R.C. Chapter 32 (26 U.S.C., Subtitle 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( I), et seq., 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 State imposes such taxes on Subrecipient. Subrecipient shall be solely
responsible for any exemptions from the collection of excise, sales or use taxes that Subrecipient may wish
to have in place in connection with this Agreement.
0.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 all 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 further exercise of such right, power, or privilege.
Q.CORA Disclosure
To the extent not prohibited by federal law, this Agreement and the performance measures and standards
required under §24-106-107, C.R.S., if any, are 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
1. 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 tern1 of their employment, agency or
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Subcontractor, all license, certifications, permits and other authorizations required to perform their
obligations in relation to this Agreement.
11. 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 Chieflnformation 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 otherwise made available.
C.GOVERNMENT AL IMMUNITY.
Liability for claims for injuries to persons or property ansmg 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 Governmental 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. l 346(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 constmed 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 Sub recipient 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
workers' compensation and unemployment compensation insurance in the amounts required by law,
(ii)provide proof thereof when 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, mies, 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 mies 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.
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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 acquisition, 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,
Subrecipient has and shall maintain in place appropriate systems and controls to prevent such improper use
of public funds. If the State determines that Subrecipient 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 INTEREST/CONFLICT 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 beneficial interest
whatsoever in the service or property described in this Agreement. Subrecipient has no interest 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 PAYMENTS. §§24-30-202(1) and 24-30-202.4, C.R.S.
(Not applicable to iutergovemmental agreements) 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, accrned interest, or
other charges specified 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 limited to, overpayments or improper payments, and unexpended or excess funds received
by Subrecipient by deduction from subsequent payments under this Agreement, deduction from any payment
due under any other contracts, grants or agreements 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 agreements ,-elating to the offer, issuance, or sale of securities, investment advis01y
se,-vices orfimd 111a11age111e11t services, sponsored projects, i11tergover11111e11tal agreements, or i11for111atio11
technology 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 under this Agreement and will
confirm the employment eligibility of all employees who are newly hired for employment in the United States
to perform work under this Agreement, 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 Labor 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 Subrecipient has
examined the legal work status of such employee, and shall comply with all of the other requirements of the
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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, et seq., 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 otherwise 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.
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EXIDBIT A, STATEMENT OF WORK AND BUDGET
Project Description* 2020 CARES Act 5311 Administrative and Operating
Federal Awarding Agency Federal Transit Administration (FTA)
Federal Regional Contact Cindy Terwilliger
Federal Award Date To Be Determined
Project End Date December 3 I, 2020
FAIN To Be Determined CFDA# I 20.509
CFDA Title Formula Grants for Rural Areas Program
Subrecipient Town of Estes Park DUNS# 078355450
Contact Name Vanessa Solesbee Vendor# 2000306
Address 170 MacGregor A venue Phone# (970)577-3957
Estes Park, CO 80517
Email vsolesbee@estes.org Indirect Rate NIA
Total Project Budget $94,975.00
Budget WBS** ALI Federal Funds Local Funds Total
Administrative l20-l l-5CARE.ESTE.620 11.79.00 100% $47,487.00 0% $0.00 $47,487.00
Operating 20-l l-4CARE.ESTE.300 30.09.01 JOO% $47,488.00 0% $0.00 $47,488.00
Total Project Amount Encumbered via this Subaward Agreement $94,975.00
*This is not a research and development grant.
*The WBS numbers may be replaced without changing the amount of the subaward at CDOT's discretion.
A.Project Description
Town of Estes Park shall maintain the existence 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 funds 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).
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B.Performance Standards
I.Project Milestones
Milestone Description
Submit Reimbursement Request in COTRAMS
Submit Final Reimbursement Request in COTRAMS
Original Estimated
Completion Date
6/5/2020
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 100% 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 FT A-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%) 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 FT A 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
1.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.
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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 alcohol 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 has already submitted invoices through its 2020 normal 5311 grant
agreement, then these expenses are no longer eligible for CARES Act funds.
K Reimbursement Eligibility
I.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 must be within the 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 COTRAMS 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 appropriate certifications. In particular, Town of Estes Park shall ensure that driving
personnel are provided professional training in defensive driving and training on the handling of mobility devices
and transporting older adults and people with disabilities.
G.Restrictions on Lobbying
Town of Estes Park is certifying that it complies with 2 CFR 200.450 by entering into this Subaward Agreement.
H.Special Conditions
I.Town of Estes Park will comply with all requirements imposed by CDOT on Town of Estes Park
so that the federal award is used in accordance with federal statutes, regulations, and the terms and
conditions of the federal award.
2.Town of Estes Park must pe1mit CDOT and their auditors to have access to Town of Estes Park's
records and financial statements as necessary, with reasonable advance notice.
3.Record retention shall adhere to the requirements outlined in 2 CFR 200.333 and FTA C 5010. lE.
4.Town of Estes Park cannot request reimbursement for costs on this project from more than 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 FT A funds are intended to be
used for payment of a lease or for third-party contracts.
6.If receiving FTA 5311 funding, Town of Estes Park shall advertise its fixed route and/or rural
based service as available to the general public and service will not be explicitly limited by trip
purpose or client type.
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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) Drug and Alcohol
Regulations, to include on time submission to FT A'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.
11.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 FT A
Subrecipients" in CDOT's Title VI Program Plan and Federal Transit Administration Circular
4 702. lB, "Title VI Requirements and Guidelines for FT A Recipients." The Party shall also
facilitate FT A'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 Circula r4703.1 "Environmental Justice Policy Guidance for
Federal Transit Administration Recipients."
12.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.
13.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, FT A
Circular 4710.1, and any additional requirements established by CDOT for FTA Subrecipients.
14.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.
15.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 FT A Circular 4 710.1.
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).
18.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.
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EXHIBIT B, SAMPLE OPTION LETTER
State Agency Option Letter Number
Department of Transportation Insert the Option Number ( e.g. "I" for the first
option)
Sub recipient Original Agreement Number
Insert Subrecipient's Full Legal Name, including "Inc.", Insert CMS number or Other Contract Number of
"LLC", etc ... the Original Contract
Subaward Agreement Amount Option Agreement Number
Federal Funds Insert CMS number or Other Contract Number of
Maximum Amount(%) $0.00 this Option
Local Funds Agreement Performance Beginning Date
Local Match Amount(%) $0.00 The later of the Effective Date or Month, Day,
Year
Agreement Total $0.00 Current Agreement Expiration Date
Month, Day, Year
I.OPTIONS:
A.Option to extend for an Extension Tem1 or End ofTem1 Extension.
2.REQUIRED PROVISIONS:
A.For use with Option l(A): In accordance with Section(s) 2.B/2.C of the Original Agreement referenced
above, the State hereby exercises its option for an additional tenn/end of tem1 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 Options l(A): The Subaward Agreement Amount table on the Agreement's Cover Page
is hereby deleted and replaced with the Current Subaward Agreement Amount table shown above.
3.OPTION EFFECTIVE DATE:
A.The effective date of this Option Letter is upon approval of the State Controller or __ , whichever is
later.
STATE OF COLORADO
Jared S. Polis, Governor
Department of Transportation
Shoshana M. Lew, Executive Director
By: ______________ _
Date:
David Krntsinger, Director,
Division of Transit & Rail
In accordance with §24-30-202, C.R.S., this Option
Letter is not valid until signed and dated below by
the State Controller or an authorized delegate.
ST ATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By: ______________ _ Department of Transportation
Option Letter Effective Date:
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EXIDBIT C, FEDERAL PROVISIONS
1.APPLICABILITY OF PROVISIONS
1.1. 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.
2.1.1. "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. I. I. 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;
2.1.1.1.9. Direct appropriations;
2.1.1.1.10. Assessed and voluntary contributions; and
2.1.2.1.11. Other financial assistance transactions that authorize the expenditure of Federal funds by
non-Federal Entities.
2.1.1.1.12. Any other items specified by 0MB in policy memoranda available at the 0MB website or
other source posted by the 0MB.
2.1.1.2. Award does 11ot include:
2.1.1.2.1. Technical assistance, which provides services in lieu of money;
2.1.1.2.2. 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 borrowers. 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://fedgov.dnb.com/webform.
2.1.5. "Entity" means all of the following as defined at 2 CFR part 25, subpart C;
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2.1.5. l.
2.1.5.2.
2.1.5.3.
2.1.5.4.
2.1.5.5.
2.1.6.
2. 1.7.
2.1.8.
2.1.9.
2.1.10.
2.1.l l.
2.1.12.
2.1.13.
2.1.14.
2.1.15.
2. l.16.
2.1.17.
2.1.17.l.
2. l.l 7.2.
2.1.17.3.
2.l .l 7.4.
2.1.17.5.
A governmental organization, which is a State, local government, or Indian Tribe;
A foreign public entity;
A domestic or foreign non-profit organization;
A domestic or foreign for-profit organization; and
A Federal agency, but only a Subrecipient under an Award or Sub award to a non-Federal entity.
"Executive" means an officer, managing partner or any other employee in a management position.
"Federal Award Identification Number (FAIN)" means an Award number assigned by a Federal
agency to a Prime Recipient.
"Federal Awarding Agency" means a Federal agency providing a Federal Award to a Recipient as
described in 2 CFR §200.37
"FFAT A" means the Federal Funding Accountability and Transparency Act of 2006 (Public Law
10 9-282), as amended by §6202 of Public Law 110-252. FFATA, as amended, also is referred to
as the "Transparency Act."
"Federal Provisions" means these Federal Provisions subject to the Transparency Act and Uniform
Guidance, as may be revised pursuant to ongoing guidance from the relevant Federal or State of
Colorado agency or institutions of higher education.
"OMB" means the Executive Office of the President, Office of Management and Budget.
"Prime Recipient" means a Colorado State agency or instih1tion of higher education that receives
an Award.
"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 payments to a contractor or payments to an individual that is a
beneficiary of a Federal program.
"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 requirements. 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.
"Subrecipient Parent DUNS 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) profile, if applicable.
"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.
"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:
Salary and bonus;
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. 123 (Revised 2005)
(FAS l 23R), Shared Based Payments;
Earnings for services under non-equity incentive plans, not including group life, health,
hospitalization or medical reimbursement plans that do not discriminate in favor of Executives
and are available generally to all salaried employees;
Change in present value of defined benefit and actuarial pension plans;
Above-market earnings on deferred compensation which is not tax-qualified;
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2.1.17.6.
2.1.18.
2.1.19.
2.1.20.
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.
"Transparency Act" means the Federal Funding Accountability and Transparency Act of 2006
(Public Law 109-282), as amended by §6202 of Public Law 110-252. The Transparency Act also
is referred to as FF AT A.
"Uniform Guidance" means the Office of Management and Budget Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards, which supersedes
requirements from 0MB Circulars A-21, A-87, A-110, and A-122, 0MB Circulars A-89, A-102,
and A-133, and the guidance in Circular A-50 on Single Audit Act follow-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.
"Vendor" means a dealer, distributor, merchant or other seller providing property or services
required for a project or program funded 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 with 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, without the necessity of either party executing any further 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 A WARD MANAGEMENT (SAM) AND DAT A 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
frequently 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.
5.1.2.
5.1.2.1.
5.1.2.2.
5.1.3.
The total Federal funding authorized to date under the Award is $25,000 or more; and
In the preceding fiscal year, Contractor received:
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
$25,000,000 or more in annual gross revenues from Federal procurement contracts and
subcontracts and/or Federal financial assistance Awards or Sub awards subject to the
Transparency Act; and
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
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are based on guidance from the US Office of Management and Budget (0MB), and as such are subject
to change at any time by 0MB. 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. I.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.
7.2. 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 §11 below are applicable to audits of fiscal years
beginning on or after December 26, 2014.
8.SUBRECIPIENT REPORTING REQUIREMENTS
8.1. If Contractor is a Subrecipient, Contractor shall report as set forth below.
8.1. l.
8.1.1.1.
8.1.1.2.
8.1. l.3.
8.1. l.4.
8.1.1.5.
8.1.1.6.
8.1.2.
8.1.2.1.
8.1.2.2.
To SAM. A Subrecipient shall register in SAM and report the following data elements in SAM/or
each Federal Award Identification Number no later than the end of the month following the month
in which the Sub award was made:
Subrecipient DUNS Number;
Subrecipient DUNS Number+ 4 if more than one electronic funds transfer (EFT) account;
Subrecipient Parent DUNS Number;
Subrecipient's address, including: Street Address, City, State, Country, Zip I 4, and
Congressional District;
Subrecipient's top 5 most highly compensated Executives if the criteria in §4 above are met;
and
Subrecipient's Total Compensation of top 5 most highly compensated Executives if criteria in
§4 above met.
To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon the effective date of
the Agreement, the following data elements:
Subrecipient's DUNS Number as registered in SAM.
Primary Place of Performance Infonnation, including: Street Address, City, State, Country, Zip
code + 4, and Congressional District.
9.PROCUREMENT STANDARDS
9.1. 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 Federal law and the standards identified in the Uniform Guidance, including without
limitation, §§200.318 through 200.326 thereof.
9.2. Procurement of Recovered Materials. If a Subrecipient is a State Agency or an agency of a political
subdivision of the State, its contractors must comply with section 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.
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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 §200.33 l(a)(5).
11.SINGLE AUDIT REQUIREMENTS
11.1. 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.
11.1.1. 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.
11.1.2. 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.
11.1.3. 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 perfonn 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-
1.3 shall include the equal opportunity clause provided under 41 CFR 60-l .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 I 1375, "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 Opporhmity, Department of
Labor.
12.1.1.1. During the perfom1ance 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
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for employment, notices to be provided by the contracting officer setting forth the
provisions of this nondiscrimination clause.
l2. l. l. l .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.
12.1.1.1.3. Contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other 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 mies, regulations, and relevant orders of the Secretary of Labor.
12.1.1.1.5. Contractor will furnish all infonnation and reports required by Executive Order 11246 of
September 24, 1965, and by the mies, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will pennit access to his books, records, and accounts by the
contracting agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such mies, regulations, and orders.
12.1.1.1.6. In the event of Contractor's non-compliance with the nondiscrimination clauses of this
contract or with any of such mies, 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 Government 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 11246 of September 24, 1965, or by mle,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
12.1.1.1.7. Contractor will include the provisions of paragraphs (I) through (7) in every subcontract
or purchase order unless exempted by rules, 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 be binding upon each 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 with, litigation with 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 constmction contracts 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
Constmction"). 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 the Secretary of Labor. ln 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 wage 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 the Copeland "Anti-Kickback" Act (40 U.S.C.
3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants
from the United States"). The Act provides that each contractor or Subrecipient must be prohibited
from inducing, by any means, any person employed in the constmction, completion, or repair of
public work, to give up any part of the compensation to which he or she is otherwise entitled. The
non-Federal entity must report all suspected or reported violations to the Federal awarding agency.
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12.1.3.
12.1.4.
12.1.5.
12.1.6.
Rights to Inventions Made Under a Contract or Contract. If the Federal Award meets the
definition of"funding 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 "funding
Contract," Subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to
Inventions Made by Nonprofit Organizations and Small Business Finns Under Government Grants,
Contracts and Cooperative Contracts," and any implementing regulations issued by the awarding
agency.
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. 7401-767Jq) 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).
Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR
180.220) must not be made to parties listed on the government wide exclusions in the System for
Award Management (SAM), in accordance with the 0MB 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.
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 perioa. This remedy
will be in addition to any other remedy available to the State of Colorado under the Contract, at law or
in equity.
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EXHIBIT D, REQUIRED FEDERAL CONTRACT/AGREEMENT CLAUSES
All FT A-Assisted Third-Party Contracts and Subawards from the Current FT A Master Agreement
[FTA MA(23))
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:
(I)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 (FT A,
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 (FT A, 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.
(I)Civil Fraud. The Subrecipient acknowledges and agrees that:
(a)Federal laws, regulations, and requirements apply to itself and its Agreement, including the Program
Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 380 I et seq., and U.S. DOT regulations,
"Program Fraud Civil Remedies," 49 C.F.R. part 31.
(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 penalties 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, fictitious, or fraudulent information.
(2)Criminal Fraud. The Subrccipient acknowledges that 49 U.S.C. § 5323(/)( I) authorizes the Federal
Government to impose the penalties under 18 U.S.C. § 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 of Records. The Subrecipient agrees that it 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 those records.
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
Amend ments thereto must be retained from the day the Agreement was signed by the authorized FT A 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:
(I)Provide, and require its Third Party Participants at each tier to provide, sufficient access to inspect and audit
records and infonnation 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 require its Third-Party Participants
to pem1it, FT A 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.
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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 with 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
this Master Agreement. At the time the FT A Authorized Official (CDOT) awards federal assistance to the
Subrecipient in support of the Agreement, the federal requirements and guidance that apply then may be modified
from time-to-time and will apply to the Subrecipient or the 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:
(I)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 VI of the 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 FT A Circular 4702.1, "Title VI 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.
(I)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 with 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 the definition of"Employer," and
(3)Equal Employment Opportunity Requirements for Construction Activities. Comply, when 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
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(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:
(I)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
requires that accessible facilities and services be made available to individuals with disabilities:
I For FTA Recipients generally, Titles I, II, and 11T 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 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 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 regulations, "Transportation for Individuals with Disabilities: 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,
(t)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 Customer Premises Equipment for Persons with Disabilities," 47 C.F.R. part 64, Subpart
F,
(i)U.S. A TBCB 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
(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 Subrecipient agrees:
(I)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.
Energy Conservation 26.j
a.Energy Conservation. The Subrecipient agrees lo, 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, reconstructed, or modified with federal assistance required under FT A regulations, "Requirements
for Energy Assessments," 49 C.F.R. part 622, subpart C.
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Applicable to Awards exceeding $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:
(I)The Subrecipient has failed to make reasonable progress implementing the Award,
(2)The Federal 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 funded with "no year" funds can receive FTA assistance to the extent FTA deems
appropriate.
Applicable to Awards exceeding $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. 0MB regulatory guidance, "Guidelines to Agencies on Government-wide Debarment and
Suspension (Nonprocurement)," 2 C.F.R. part I 80, 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, I 989, 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 will 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)FT A Regional Counsel for the Region in which the Subrecipient is located or implements the
Agreement,
(b)FT A Headquarters Manager that administers the Grant or Cooperative Agreement, or
( c)FT A Chief Counsel.
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Applicable to Awards exceeding the simplified acquisition threshold ($100,000-see Note)
Note: Applicable when tangible propertv or construction will be acquired
Section 15. Preference for United States Products and Services.
Except as the Federal Government determines otherwise in writing, the Subrecipient agrees to comply with FT A's
U.S. domestic preference requirements and follow federal guidance, including:
Buy America. The domestic preference procurement requirements of 49 U .S.C. § 5323(j), and FT A 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 FT A reserves the right to concur in any
settlement or compromise.
b.Notification to FT A. If 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 fornm 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 adminis tration 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 Subrecip ient, 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 federal assistance, the
Subrecipient must promptly notify the U.S. DOT Inspector General, in addition to the FTA Chief
Counsel or Regional Counsel for the Region in which the Subrecipient is located.
c.Federal Interest in Recovery. The Federal Government retains the right to a proportionate share of any
proceeds recovered from any third party, based on the 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 FT A'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.
Applicable to Awards exceeding $100,000 by Statute
From Section 4. Ethics.
a.Lobbying Restrictions. The Subrecipient agrees that neither it nor any Third-Party Participant will 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:
(I ) Laws, Regulations, 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,
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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 Property or Persons
Section 15. Preference for United States Products and Services.
Except as the Federal Government determines otherwise in writing, the Subrecipient agrees to comply with FT A'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 FT A
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.
Applicable 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), (FT A'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 NonconstructionContracts 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. § 3 70 I 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 Nonconstmction
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)Constmction 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 Constmction," 29 C.F.R. part 1926.
From Section 16
b.Bonding. The Subrecipient agrees to comply with the following bonding requirements and restrictions as providedin federal regulations and guidance:
I Construction. As provided in federal regulations and modified by FT A guidance, for each Project or related
activities implementing the Agreement that involve constmction, 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 FT A guidance.
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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.l l 7.
Section 12 Civil Rights D.3
d.Equal Employment Opporhmity Requirements for Construction Activities. Comply, when undertaking
"constrnction" 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 Executive Order that amends or supersedes it, referenced
in 42 U.S.C. § 2000e note.
Applicable to Nonconstruction Activities
From Section 24. Employee Protections
a.Awards Not Involving 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 nonconstmction employees, including 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., 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.
Applicable to Transit Operations
a.Public Transportation Employee Protective Arrangements. As a condition of award of federal assistance
appropriated or made available for FT A 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
available 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 offederal 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,
FT A has determined that 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 funding authorized under
title 23, United States Code (flex funds), 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 FT A's Charter Service regulations, FT A
has established the following additional exceptions to those restrictions:
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(l) FT A'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)FT A'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. If it or any Third Party Participant engages in a pattern of violations of FTA's Charter Service
regulations, FT A may require corrective measures and remedies, including withholding an amount of federal
assistance as provided in FT A'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 federal 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, FT A may require the Subrecipient or Third Party Participant to
take such remedial measures as FT A 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.
( l) 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 FT A detern1ines 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.
Applicable to Planning, Research, Development, and Documentation Projects
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 Government'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 (FT A MA(23)), the Subrecipient will notify FT A immediately and provide
a detailed report satisfactory to FT A.
b.Federal Rights. The Subrecipient agrees that:
(l) 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 Government 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, Indian tribe, nonprofit organization, institution of higher education, or individual, the
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Subrecipient will transmit the Federal Government's patent rights to FTA, as specified in 35 U.S.C. § 200 et
seq., and U.S. Department of Commerce regulations, "Rights 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 the Agreement are program income and must 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 information,
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. The prohibitions do not apply to publications or reproductions for the Subrecipient's 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 the public, or the portion of data that has the Federal Government's prior
written consent for release.
c.Federal Rights in Data and Copyrights. The Subrecipient agrees that:
(I)General. It must provide a license to its "subject data'' to the Federal Government that is royalty-free, non
exclusive, and irrevocable. 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-Copyright License. The Subrecipient grants to U.S. DOT a worldwide, non
exclusive, non-transferable, paid-up, royalty-free copyright 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,
resulting from scientific research funded either fully or partially by this funding agreement. The Subrecipient
herein acknowledges that the above copyright license grant is first in time to any and all other grants of a
copyright license to such Publications and/or 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 Studies 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, rather than limit the benefits of the Award to the Subrecipient and its Third-Party
Participants. Therefore, the Subrecipient agrees that:
( l)Publicly 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 FT A may publish or make available for
publication on the Internet.
(2)Other Reports. It must provide 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 to 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 must 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 equipment or
program that is both for the Subrecipient's use and acquired with FT A capital program assistance.
e.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 the Agreement are program income and must be used in compliance with federal applicable
requirements.
Contract Number: 20-HTR-ZL-03243/491002209 Page 40 of 44 V crsion I 0123/19
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 subject data, then it will indemnify,
save, and hold harmless against any liability, including costs and expenses of the Federal Government'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 wrongful 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 Government under any patent, or may be
constmed to affect the scope of any license or other right otherwise granted to the Federal Government under any
patent.
h.Data Developed Without 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 Government will not be able to protect
data developed without federal assistance from unauthorized disclosure unless that data is clearly marked
"Proprietary," or "Confidential."
1. Requirements to Release Data. The Subrecipient understands and agrees that the Federal Government may be
required to release data and information the Subrecipient submits to the Federal Government as required under:
(I). 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) numbers, 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/howtocomply.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.
Miscellaneous Special Requirements
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:
(I)Statutory and Regulatory Requirements. The Subrecipient agrees to comply with:
(a)Section l l0l(b) of the FAST Act, 23 U.S.C. § 101 note,
(b)U.S. DOT regulations, "Participation by Disadvantaged Business Enterprises m 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 I 2 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 FT A-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 FT A 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 Number: 20-HTR-ZL-032431491002209 Page 41 of 44 Version 10/23119
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It 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 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 required 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 Contractor/Third 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:
I 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
FT A 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 <;:.F.R. part 26 to ensure nondiscrimination in the award
and administration of U.S. DOT-assisted s�1bagreements, 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 FT A 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 appropriate, include, but
are not limited to, withholding monthly progress payments; assessing sanctions; liquidated damages;
and/or disqualifying the Subrecipient, Third Party Contractor, or Third-Party Subcontractor from
future bidding as non-responsible.
(5)Remedies. Upon notification to the Subrecipient of its failure to carry out its approved program, FT A 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 enforcement under either or both 18 U.S.C. § 1001, and/or the Program Fraud Civil Remedies Act
of 1986, 31 U.S.C. § 3801 et 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:
(I)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
requires that accessible facilities and services be made available to individuals with disabilities:
1 For FT A Recipients generally, Titles I, II, and lll of the ADA apply, but
2 For Indian Tribes, Titles II and lll 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 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 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 I 192 and 49 C.F.R. part 38,
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172
(d)U.S. DOT regulations, "Transportation for Individuals with Disabilities: 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,
(t)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 Customer Premises 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)FT A regulations, "Transportation for Elderly and Handicapped Persons," 49 C.F.R. part 609,
(k)FT A Circular 4 710.1, "Americans with Disabilities Act: Guidance," and
(I)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:
(l 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 Requirements
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:
(I)The Identification of FT A 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 FT A 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:
(l) applications for federal assistance, (2) requests for proposals, or solicitations, (3) forms, ( 4) notifications, (5)
press releases, and (6) other publications ..
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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.
D Verification of Payment -
✓General Ledger Report must have the following:•Identify check number or EFT number;•If no check number 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 inctmed expenditures.
✓Ifno General Ledger Report, all of the following are acceptable:•copies of checks;•check registers; and•paycheck stub showing payment number, the amount paid, the check number or
electronic funds transfer (EFT), and the date paid.
✓State needs to ensure that expenditures incurred by the local agencies have been paid by
Party before State is invoiced by Party.
✓Payment amounts should match the amount requested on the reimbursement. Additional
explanation and documentation is required for any variances.
D In-Kind or Cash Match -If an entity wishes 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 order. FT A 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.
0 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 defined in 2 CCR §200. 19, must be provided. The
letter must state what indirect costs arc allowed, the approved rate and the time period for
the approval. The indirect cost plan must be reconciled annually and an updated letter
submitted each year thereafter.
D Fringe Benefits-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.
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174
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.
252527175
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.
262628176
UTILITIES 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
Objective:
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.
2325272729177
Advantages:
●Existing Town water customers will not subsidize the reconstruction of a private
water company’s system.
Disadvantages:
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
2426282830178
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) Surcharges for repayment of USDA loans. The Town has consented to serve
water to certain areas of the Estes Valley based on the provision of loans by the United
States Department of Agriculture for the construction of infrastructure to serve the areas,
and the repayment of the debt service on the loans by the customers in the areas.
Accordingly, water rates for the following areas shall be supplemented by the following
monthly surcharges:
(I) Park Entrance.
2527292931179
a. Customers of properties described in Exhibit 1 of this section shall pay
a monthly surcharge of $115.89 as a part of their monthly water bill.
Owners of such properties shall pay the monthly surcharge regardless
of whether they actually receive water service for that month.
b. A property may be removed from this monthly payment obligation by
the payment to the Town of a lump sum calculated by the Finance
Director to cover the remaining obligations attributable to the property
over the life of the applicable USDA loan. This shall be determined on
the basis of the applicable $36,555.56 principle per property, the
2.25% interest rate, and the 40-year term amortized on a standard
schedule. Upon payment of the lump sum, and written confirmation
by the Finance Director of such payment, customers of such property
shall no longer be required to pay the surcharge. No payment of a
lesser amount shall be effective to decrease the surcharge.
c. This surcharge shall become effective upon the certification by the
Finance Director that the applicable USDA loan has closed and the
Town is ready to begin collecting funds to service the loan.
a.d. This surcharge shall be in effect through the year 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
2628303032180
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
2729313133181
Residential:
Non-Residential:
Urban Rural Urban Rural Urban Rural
$42.33 $65.61 $44.44 $66.67 $46.67 $67.67
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
Monthly TBD Estimated to be $150/month in addition to the Monthly Water Bill
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 Charge By Rate Class Per 1000 Gallons
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
Revised May 2020
Town of Estes Park, CO
Water Rate Schedule 2020-2022
TO CALCULATE YOUR MONTHLY WATER BILL:
Follow the formulas below using the charts for Base Fee and Volume Charge
Base Fee + ( [ (Gallons Used divided by 1,000) - 2] x Volume Charge) = Monthly Water Bill
Base Fee + [ (Gallons Used divided by 1,000) x Volume Charge] = Monthly Water Bill
RESIDENTIAL BASE FEE, Includes the first 2,000 gallons per billing period
Residential
Customers
2020 2021 2022
Park Entrance Mutual Pipeline and Water Company Loan Repayment Surcharge
Prospect Mountain Water Company Loan Repayment - Ordinance To Be Determined
NON-RESIDENTIAL BASE FEE BY METER SIZE
2020
$8.98 $9.54 $10.01
METER SIZE
2020 2021 2022
Rate Class
2021 2022
Exhibit A -
2830323234182
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CT
MEADOWCIR
MEADO
WC
I
R
Lot 20
Lot 15
Lot 21
Lot 14
Lot 25 Lot 26
Lot 8
Lot 7
Lot 18
Lot 10
Lot 22
Lot 17
Lot 24
Lot 23
Lot 12B
Lot 9Lot 6
Lot 19
0 90 180Feet
1 in = 167 ft±Former Park Entrance Mutual Pipeline and Water Company System ReconstructionLoan Repayment Boundary
Park Entrance EstatesBlock One
Printed: 5/29/2020Created By: Reuben Bergsten
Exhibit 1
2931333335183
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