HomeMy WebLinkAboutPACKET Town Board 2021-07-13The 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.
BOARD OF TRUSTEES - TOWN OF ESTES PARK
TO BE HELD VIRTUALLY
Tuesday, July 13, 2021
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 22, 2021. 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 22, 2021. 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
If you are joining the Zoom meeting and are experiencing technical difficulties, staff will be
available for assistance from 6:30-6:50 p.m. by calling 970-577-4777.
Options for participation in the meeting will be available by call-in telephone option or online via Zoom
Webinar which will be moderated by the Town Clerk’s Office.
CALL-IN (TELEPHONE OPTION):
Dial public participation phone number, 877-853-5257 (toll-free)
Enter the Meeting ID: 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:
• 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.
Prepared 07-02-2021
*Revised 07-12-2021
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 can be found above.
• Click “Participate Virtually in the Regular Town Board Meeting of the Board of
Trustees”.
• 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 21, 2021 by 8:00 a.m. to the Town Clerk’s
office at townclerk@estes.org.
Quasi-Judicial Proceedings
(Quasi-Judicial items will be marked as such)
Written Testimony
Must be submitted by mail to Town Clerk, PO Box 1200, Estes Park, CO 80517 or by
completing the Public Comment form at
https://dms.estes.org/forms/TownBoardPublicComment.
Members of the public may provide public comment or comment on a specific agenda item by
calling (970) 577-4777. All calls must be received by 8:00 a.m., Monday, June 21, 2021. All
comments received will be provided to the Board and included in the final packet material.
Oral Testimony
To ensure your ability to provide comments during the meeting, you must register by emailing
townclerk@estes.org or calling (970) 577-4777 by Monday, June 21, 2021 at 5:00 p.m.
During the meeting, any individual who did not register to speak on a quasi-judicial item may
join public participation by following either the Call-In or Online option previously mentioned.
Individuals who do not register prior to the meeting risk being unable to testify due to
administrative/technical difficulty during the meeting.
Written presentation materials or exhibits must be delivered to townclerk@estes.org by 8:00
a.m. Monday, June 21, 2021 in order to be presented during the meeting. No other written
presentations or exhibits will be accepted during oral testimony by any member of the public.
Packet Material
The packet material can be accessed through the following link: Town Board Packet or under
the Town Board section at www.estes.org/boardsandmeetings or you may request a paper
packet by emailing townclerk@estes.org or calling (970) 577-4777.
AGENDA
BOARD OF TRUSTEES – TOWN OF ESTES PARK
TO BE HELD VIRTUALLY
Tuesday, July 13, 2021
7:00 p.m.
PLEDGE OF ALLEGIANCE.
(Any person desiring to participate, please join the Board in the Pledge of Allegiance).
PROCLAMATION – ESTES RECYCLES DAY & PROCLAMATION – LOREN SHRIVER.
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 June 22, 2021, and Special Town Board Joint Study
Session Minutes dated June 18, 2021.
3. Transportation Advisory Board Minutes dated May 19, 2021 (acknowledgement only).
4. Acknowledgment of FTA 5311 Rural Area Formula Program Application to Support
Estes Transit Operations and Administration in 2022.
5. Resolution 56-21 Approving an Intergovernmental Agreement with CDOT for FTA
5339(b) Grant Funding for One Electric Bus Charger.
6. Contract Change Order for Sanderson Stewart for the Graves Avenue Safe Routes to
School Project.
7. Appointment of Patti Brown to the Community & Family Advisory Board for a term
expiring April 30, 2024.
8. Appointment of Christian Berry to the Parks Advisory Board for a term expiring
December 31, 2023.
ACTION ITEMS:
1. RESOLUTION 57-21 SUPPLEMENTAL BUDGET APPROPRIATIONS #5 TO THE
2021 BUDGET. Director Hudson.
Amend the budget to restore many of the temporary cost reductions stemming from
the April 28, 2020 COVID budget reductions and to consider other priority items not
yet included in the 2021 budget.
2. RESOLUTION 58-21 APPROVING A MASTER SERVICES AND PURCHASE
AGREEMENT WITH AXON ENTERPRISE INC., FOR BODY WORN CAMERAS AND
TASER 7 SYSTEM. Captain Rose.
To approve transitioning to Axon Body Worn Camera and Taser 7 System to improve
accountability, officer safety, reliability and compliance with Colorado SB 217.
3. RESOLUTION 59-21 APPROVE AN EXCLUSIVE NEGOTIATION AGREEMENT
WITH AMERICAWEST HOUSING SOLUTIONS AND CONSOLIDATED HOUSING
SOLUTIONS. Town Administrator Damweber.
To initiate a process to plan, design, and construct workforce housing on the Town-
owned Fish Hatchery site.
Prepared 07-02-2021
*Revised 07-12-2021
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
4. INTERVIEW COMMITTEE FOR THE ENVIRONMENTAL SUSTAINABILITY TASK
FORCE. Town Clerk Williamson.
ADJOURN.
*
Town of Estes Park, Larimer County, Colorado, June 22, 2021
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 22nd day of June, 2021.
Present:Wendy Koenig, Mayor
Patrick Martchink, Mayor Pro Tem
Trustees Carlie Bangs
Marie Cenac
Barbara MacAlpine
Scott Webermeier
Cindy Younglund
Also Present:Travis Machalek, Town Administrator
Jason Damweber, Assistant Town Administrator
Dan Kramer, Town Attorney
Jackie Williamson, Town Clerk
Kimberly Disney, Recording Secretary
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 (Cenac/Webermeier) to approve the Agenda, and it
passed unanimously.
PUBLIC COMMENTS.
None.
TRUSTEE COMMENTS.
Trustee Bangs stated she toured the Peak View apartments with the Estes Park Housing
Authority; there were still vacancies and she appreciated having workforce housing in the
community.
Trustee Younglund stated the Police Auxiliary met July 16, 2021 and she recognized staff
for the plants at the MacGregor roundabout.
Trustee Webermeier stated the Local Marketing District (LMD) Board met with Larimer
County Commissioners and the Town Board on June 18, 2021, at which Visit Estes Park
CEO Kara Franker discussed the current circumstances of the district. Also, he
recognized Trustee Cenac for her efforts on the LMD Board following her resignation.
Mayor Koenig reiterated Trustee Webermeier’s comments regarding the joint meeting
with the LMD and Commissioners.
Mayor Pro Tem Martchink echoed Trustee Younglund’s sentiments regarding the
roundabout, and Trustee Bangs’ sentiments on the Peak View Apartments. He
congratulated Chuck Scott on his retirement from the Park R-3 School District and stated
Bike to Work day would be held June 23, 2021.
Trustee MacAlpine stated the Comprehensive Plan Advisory Committee appointed
Matthew Heiser as Chair and Bob Leavitt as Vice-Chair at the June 10, 2021 meeting.
The Estes Park Planning Commission met June 15, 2021 where they reviewed
improvements to the Big Thompson Picnic Area, which would include additional picnic
tables and the climbing rock. The Trustee Talk was held June 16, 2021 and they
discussed the wildfire evacuations, the post office, and the sidewalk on Moraine Avenue.DRAFTPage 5
Board of Trustees – June 22, 2021 – Page 2
Trustee Cenac commented on the work of the Parks Division and echoed Mayor Pro Tem
Martchink’s sentiments regarding Chuck Scott’s retirement. She stated The Rooftop
Rodeo would be held July 5, 2021 through July 10, 2021.
TOWN ADMINISTRATOR REPORT.
Town Administrator Machalek recognized the Estes Park Communications Center for
being accredited as a Center of Excellence.
CONSENT AGENDA:
1. Bills.
2. Town Board Minutes dated June 8, 2021, Town Board Study Session Minutes
dated June 8, 2021 and Town Board Strategic Planning Session Minutes dated
June 7, 2021 and June 14, 2021.
3. Community & Family Advisory Board Minutes dated April 1, 2021
(acknowledgement only).
4. Comprehensive Plan Advisory Committee Minutes dated May 25, 2021
(acknowledgment only).
5. Estes Park Planning Commission Minutes dated May 18, 2021 (acknowledgment
only).
6. Revised Policy 101-Division of Responsibilities - Revised Appointments to the
Local Marketing District.
7. Resolution 48-21 Approving the Notice of Environmental Use Restrictions with
Colorado Department of Public Health and Environment.
8. Resolution 49-21 Approving a Memorandum of Understanding between the Estes
Park Police Department, the Estes Valley Restorative Justice Partnership, and the
Larimer County District Attorney’s Office.
9. Resolution 50-21 Approving Contract Amendment #1 for Fall River Trail
Construction for the Colorado Parks and Wildlife, Colorado the Beautiful Grant
Agreement.
10. Resolution 51-21 Approving an Intergovernmental Agreement for 2021 Elkstang
Bustang Service with CDOT.
11. Art in Public Places (AIPP) Approval of Women's Monument Application.
Trustee Cenac requested Consent Agenda Item 11 be moved to an Action Item. It
was moved and seconded (Webermeier/Martchink) to approve Consent Agenda
Items 1-10, and it passed unanimously.
Consent Agenda Item 11 – Art in Public Places (AIPP) Approval of Women’s
Monument Application. Mayor Koenig recused herself and Supervisor Berg
presented the application of the Women’s Monument. He highlighted the artist of the
design, the location, and introduced the applicant, Ron Wilcocks, who thanked all who
have been involved in the project. Mr. Wilcocks named the women who would be
honored by the monument, described the design, and stated celebrations would begin
in July and coincide with the dedication. The Board discussed the work which was
done on the monument and it was moved and seconded (Webermeier/Bangs) to
approve Consent Agenda Item 11, and it passed with Mayor Koenig abstaining.
LIQUOR ITEMS:
1. RESOLUTION 52-21 NEW FERMENTED MALT BEVERAGE OFF-PREMISE
LIQUOR LICENSE HARTS GAS AND FOOD LLC DBA TINY TOWN SINCLAIR,
860 MORAINE AVENUE, ESTES PARK, CO. Mayor Koenig opened the public DRAFTPage 6
Board of Trustees – June 22, 2021 – Page 3
hearing. Town Clerk Williamson reviewed the application for the new Fermented
Malt Beverage Off-premise liquor license, stating all paperwork and fees have
been submitted. The applicant was aware of the TIPS training requirement, which
was not yet scheduled. The applicant, Paul Gill, stated this location previously held
a liquor license. Mayor Koenig closed the public hearing and it was moved and
seconded (Younglund/Cenac) to approve Resolution 52-21, and it passed
unanimously.
2. RESOLUTION 53-21 NEW FERMENTED MALT BEVERAGE OFF-PREMISE
LIQUOR LICENSE ESTES PARK 1110 LLC DBA QUICK GO, 1110
WOODSTOCK DRIVE, ESTES PARK, CO. Mayor Koenig opened the public
hearing. Town Clerk Williamson reviewed the application for the new Fermented
Malt Beverage Off-premise liquor license, stating all paperwork and fees have
been submitted. The applicant, Baljit Manhani, has completed the TIPS training
requirement and was available for questions. Mayor Koenig closed the public
hearing and it was moved and seconded (Cenac/Webermeier) to approve
Resolution 53-21, and it passed unanimously.
PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for
Town Board Final Action.
1. ACTION ITEMS:
A. RESOLUTION 54-21 APPROVING THE AMENDED PLAT OF LOTS 53 AND
54 OF FALL RIVER ADDITION, 951 WEST ELKHORN AVENUE, ESTES
PARK GROUP OF CHRISTIAN SCIENTISTS, OWNER/ APPLICANT. Mayor
Keonig opened the public hearing and Planner Woeber presented Resolution
54-21 for a proposed amended plat of lots 53 and 54 of Fall River Village
addition, zoned A-Accomodations. The proposal, considered a minor
adjustment per the Estes Park Development Code, would reconfigure the two
existing lots. Applicant, J Kelly Lester, was available for questions. Mayor
Koenig closed the public hearing and it was moved and seconded
(Webermeier/Cenac) to approve Resolution 54-21, and it passed
unanimously.
ACTION ITEMS:
1. ORDINANCE 09-21 APPROVING A WATER SERVICE AGREEMENT WITH
THE YMCA OF THE ROCKIES. Mayor Koenig opened the public hearing and
Assistant Town Administrator Damweber presented Ordinance 09-21. He provided
a history on the YMCAs water supply and previous conversations regarding the
Town providing water services to the YMCA. He stated extending water service to
the YMCA could be mutually beneficial as the Town would gain a large commercial
customer and the YMCA would no longer need to provide its own water services
and expertise. YMCA of the Rockies CFO Jorgensen appreciated the Town’s work
on the agreement. The Board discussed the language of the ordinance, ensuring
annexation clauses were properly mentioned. Mayor Koenig closed the public
hearing and it was moved and seconded (Webermeier/Younglund) to approve
Ordinance 09-21, and it passed unanimously.
2. RESOLUTION 55-21 AUTHORIZING THE FORMATION OF AN AD-HOC TASK
FORCE TO EVALUATE THE TOWN’S ROLE IN ENVIRONMENTAL
SUSTAINABILITY. Town Administrator Machalek presented Resolution 55-21
forming an Environmental Sustainability Ad-Hoc Task Force. He highlighted the
2021 Strategic Plan objective, previous Board discussion on the formation of a task
force versus an advisory board, task force membership, scope, and a deadline of
January 31, 2022 for recommendations to the Board. The Board discussed the
number of members, residency requirements for members, and the timeline of
applications and interviews. It was moved and seconded (Younglund/MacAlpine)
to approve Resolution 55-21, and it passed unanimously.
DRAFTPage 7
Board of Trustees – June 22, 2021 – Page 4
3. INTERVIEW COMMITTEE FOR THE LOCAL MARKETING DISTRICT.
It was moved and seconded (Younglund/Martchink) to appoint Trustees Cenac
and Webermeier to the interview committee for the Local Marketing District,
and it passed unanimously.
REPORT AND DISCUSSION ITEMS:
1. TRUSTEE TALKS AND MAYOR MEETINGS. Town Administrator Machalek
presented the discussion on Trustee Talks and Mayor Meetings. He mentioned
Board interest in discussing in-person talks and the fluctuating attendance of
Trustee Talks. The Board discussed the original intention of Trustee Talks,
community engagement, potentially decreasing the frequency of scheduled
Trustee Talks, elimination of Trustee Talks, how in-person Trustee Talks were
previously held, topics of interest to the public, public accesibility to the Board, the
history of Mayor’s Chats, and availability of Town information. The Board
determined to discontinue Trustee Talks and revist the discussion in September
2021 at a Study Session.
Whereupon Mayor Koenig adjourned the meeting at 8:40 p.m.
Wendy Koenig, Mayor
Kimberly Disney, Recording Secretary DRAFTPage 8
Town of Estes Park, Larimer County, Colorado June 18, 2021
Minutes of a Joint Study Session meeting of the ESTES PARK TOWN
BOARD, LARIMER COUNTY COMMISSION, AND VISIT ESTES PARK
(VEP) BOARD of the Town of Estes Park, Larimer County, Colorado.
Meeting held at Town Hall in the Board Room and Virtually in said Town of
Estes Park on the 18th day of June 2021.
Town Board: Mayor Koenig, Mayor Pro Tem Martchink, Trustees Bangs,
Cenac, MacAlpine, Youngland and Webermeier
County Commission: Chair Kefalas, Commissioners Shadduck-McNally and
Stephens
Visit Estes Park Board: Chairperson Gibson, Vice Chairperson Jurgens, Members
Blackhurst, Murphy, and Walker
Also Attending: Town Administrator Machalek, County Manager Hoffman,
County Assistant Manager Volker and VEP CEO Franker
and Deputy Town Clerk Beers
Absent: VEP Members Murphy and Walker.
CEO Franker was introduced and provided a presentation highlighting outcome
reporting and the 2021 Operating Plan Goal #3 – Promote Stakeholder and Community
Engagement. Chair Kefalas requested information on how the interviews for the VEP
CEO position involved public participation and requested more information related to
business community engagement regarding the services provided from VEP. CEO
Franker stated VEP has increased communication with stakeholders and the
community, hired a Director of Stakeholder Services and Sales, and recommend the
formation of committees to advise the VEP Board on advertising objectives. VEP staff
met with Destination Analyst, a business which reviews geographical data to capitalize
on digital marketing and trends. CEO Franker stated it has become an industry standard
to incorporate letters in the annual Operating Plan from the Mayor and County and
requested interest. Board and County Commissioner conversation ensued regarding
quarterly meetings, where both were in agreement to receive quarterly reports. It was
determined the 2022 Operating Plan would be reviewed in September 2021.
There being no further business, Mayor Koenig adjourned the meeting at 4:07 p.m.
Bunny Victoria Beers, Deputy Town Clerk DRAFTPage 9
Page 10
Town of Estes Park, Larimer County, Colorado, May 19, 2021
Minutes of a Regular meeting of the Transportation Advisory Board of the
Town of Estes Park, Larimer County, Colorado. Meeting held virtually on the
19th day of May 2021.
Committee: Belle Morris, Tom Street, Ann Finley, Larry Gamble, Linda
Hanick, Scott Moulton, Gordon Slack
Attending: Belle Morris, Tom Street, Ann Finley, Larry Gamble, Linda
Hanick, Scott Moulton, Gordon Slack, Public Works Director
Greg Muhonen, Engineering Mgr. David Hook, The Car Park
General Manager Matt Eisenberg, Pavement Mgr. Ryan Barr,
Rocky Mountain National Park John Hannon, Community
Development Director Randy Hunt
Absent: Mgr. Vanessa Solesbee, Trustee Carlie Bangs
Chair Morris called the meeting to order at 12:05 p.m.
PUBLIC COMMENT
No electronic submissions of public comment were received prior to the deadline and no
public was in attendance.
APPROVAL OF MINUTES
A motion was made and seconded (Slack/Finley) to approve the April meeting minutes
with edits and all were in favor.
FOOD TRUCK POLICY DISCUSSION (David Hook, Randy Hunt)
Manager Hook introduced the topic of the potential need for a Town policy for food
trucks, specifically addressing the use and parking space. The topic has come up in the
past couple years, especially with the pandemic. The Barrel has requested parking
space to have a food truck on Moraine Ave. in front of the business. Moraine Ave. is
U.S. Highway 36, managed by CDOT. CDOT, working with the Federal Highway
Administration (FHWA), made allowance for this request for a period of time. Although
approved at the time, the Barrel needs to readdress the prior approval and request
extension, or a new permit.
Recently, Elkins Distillery made the request, and was approved, for a food truck to be
used as a fundraiser. The Town received community feedback, primarily from restaurant
establishments, taking exception to food trucks operating in that manner.
Other issues that have come up include sites distance issues, public parking space
occupation, and the potential for customer lines creating pedestrian congestion and
inhibiting passage, unless on private property. There are very specific requirements for
traffic control being provided to protect food trucks and customers from passing
vehicular traffic. Locally, these requests are being processed through the Embrace the
Views program. Added allowances through this program are permitting public
sidewalks, parking lots, and roads for this type of activity. CDOT was looking at
providing customer seating in parking stalls. Embrace the Views is still in place locally
and CDOT’s program is midway through an extension. There is potential for another
extension being granted. The extensions are provided in three-month increments.
Manager Solesbee reached out to the Chamber of Commerce to seek dialogue in
potential participation interest. The Chamber stated they would like to stay in the loop,
but would not be taking any type of lead role in this initiative. Solesbee feels i t may be
appropriate to form a task force to develop food truck policy in public areas on a broader
approach than public parking spaces. Hook is not aware of any food trucks occupying
public spaces on an ongoing basis at this time.
Transportation Advisory Board – May 19, 2021 – Page 2
Director Muhonen stated that requests have spawned from the pandemic
accommodations. Public Works desires active engagement, first from the TAB, then
through community feedback.
Community Development Director Randy Hunt stated that food trucks are required to be
on private property, with the regulations being introduced a few years ago, originating
from microbreweries. The Town Board Adopted these measures through Planning
Commission recommendations. Hunt checked to see how many standard Town
business licenses have been issued. Outside the Embrace the Views program, there
were over a dozen licenses issued. A number of businesses keep them on private
property which has worked well and no complaints have been received in Community
Development (“CD”). There exists no cap on how many licenses can be issued.
Hunt stated that ability to manage the licenses is a key element. One rule from CD is
that the private property must be zoned commercial, industrial, or accommodation . A
majority of land in town is zoned either residential or low-density. If there is public sector
component, there are examples of those requirements in other communities. Hunt
stated that CD will help when proceeding with the policy creation for food truck. Primary
points are to follow municipal codes and protect the land and environment. He stated
the memo contained in the TAB packet is summarized well. Other element of
management would be a public process to gauge the thoughts of the community.
Chair Morris shared that she helps organize running events, and has considered having
food trucks at those events, but was curious about the process. Hunt stated that for a
one-time event scenario, it is best to follow the existing special event permit application
process, in lieu of following more stringent, longer-term food truck policy regulations.
Member Hanick asked Hunt if CD spoke to mountain communities when determining
general rules. Hunt affirmed, stating he had spoken to Aspen, Breckenridge, Black
Hawk/Central City, and Durango. Hanick recommended finding a specified area in town
for food trucks. Hunt stated that Fort Collins uses this model and he will discuss with
them. He knows that Fort Collins found traffic control easier to manage and there were
reduced concerns from restaurants when using this model. Chicago has very large food
truck area that has worked out well for them.
Chair Morris asked how the TAB can be instrumental in assisting with this policy
creation. Hook stated this will be a Public Works policy regarding public spaces. He
asked if there was TAB interest in developing a task force or simply continuing the
conversation in the standing meetings. He invited any thoughts and comments and
stated it will be an ongoing discussion.
Muhonen shared that his expectation is that Manager Solesbee will have an exploratory
conversation with the Chamber. Once that has occurred, and based on input from all,
including community input, she will perform added research with peer communities,
draft a policy, and come back to the TAB and community to attempt arrival at final
content. At that time a Town Board Study Session would be prudent.
PARKING UPDATES (The Car Park Mgr. Matt Eisenberg)
The Car Park Manager, Matt Eisenberg provided the TAB with an update on w here the
Parking & Transit Division stands for the rollout of paid parking:
• Technology: all 10 pay stations have been installed throughout downtown. They
are powered on and have been configured. Testing continues and the credit card
processors have yet to arrive.
• Mobile app has been up for some time now. At this time, the integration with the
License Plate Recognition (LPR) software is pending.
• Estes Parking app: Updates have been rolled out and updates will be released to
the public next Tuesday via press release.
• Staffing: The Car Park is close to fully staffed for 2021 parking enforcement. One
enforcement officer is scheduled to help with testing starting on Monday.
• Signage is going up in downtown now. Destination signage will be installed soon.
Transportation Advisory Board – May 19, 2021 – Page 3
• Paid parking questions: Community engagement has been really good.
Eisenberg stated there are still some community members stating they didn’t
know paid parking was coming to Estes Park.
• Permit Registrations: The Local 30-min. free permit has been very popular. From
February through mid-April, there were 480 permits registered. Since mid-April,
the permits have jumped to 1,300 and The Car Park is inundated with requests.
• Everyone that needs permit will get one. The first thousand have been delivered.
Chair Morris asked RMNP’s John Hannon if there were any updates regarding shuttles.
Hannon didn’t have any specific updates but is aware that Bustang will be running this
summer. There will be a special bus from RMNP to meet Bustang but regular hiker
shuttle service will not be coming to town. He stated that with the reservation system
being new, the new low-capacity requirement for RMNP, and the expense of running
the shuttle, this decision was made by the National Park Service.
ENGINEERING UPDATES (Engineering Mgr. David Hook)
Manager Hook provided project updates since the last meeting.
Parking Wayfinding:
The Phase 1 installation began today which impacts Performance Park Lot, Tregent Lot,
and the Spruce Lot. Weather permitting, the contractor will be working every day to
install as many signs as possible. Hook shared that there is an anonymous letter being
circulated in the community via email voicing concerns about signage in general, with
specifics about the parking wayfinding project. Public Works has provided a response to
the letter to the Town Board and the responses will be posted to the project website.
Graves: Project design is ongoing and a virtual open house is anticipated to begin soon,
running for two weeks providing for community input. Additional outreach materials will
also be posted to the project website.
Town Development Reviews:
Alarado Traffic Signal:
The installed signal has been on flash since Thursday. This coming Thursday, the
signal will go into full operation. Pavement markings are scheduled to be installed
tomorrow as part of the critical infrastructure. Hook stated the developers continue to
chip away at the list of little things. Member Slack asked if the signal will be on a fixed
cycle or if it will be traffic-activated. Hook stated the signal will be interconnected with
downtown lights. Right now, they’re working on syncing. Muhonen shared that CDOT is
in charge of all signals with the Town previously being responsible for their
programming. CDOT has since replaced all controllers and have reassumed
programming and hardware. The Town has requested CDOT maintain seasonal
programming which was paid for by the Town. The last he heard, CDOT was still using
a fixed cycle (116 seconds) to sync with Alarado. Also to be included is traffic detection
for redistribution of unused cycle time. Muhonen is counting on CDOT to ensure this
happens.
PROJECT / ADMINISTRATION UPDATES (Public Works Director Greg Muhonen)
Muhonen reported that on May 11 he provided the Town Board with a report regarding
a US 34 Corridor Plan. Trustee Liaison Bangs requested the Town Board have this
conversation. Muhonen put together a summary with potential solutions for this Study.
CDOT Region 4 offered $50 - $75K to participate in cost-share for a corridor study. The
Town Board has not made decision due to the many demands on limited Town funds.
Complete Streets Policy: For all street projects, the 30% Design Drawings and 90%
Design Drawings are provided to the public. Difficulties of implementing Complete
Streets on all road projects lies in the content. The policy is good in driving multimodal
needs. In general, the Town’s street network has very few bike/ped facilities, and not all
streets in town should have bike lanes, etc. Public Works needs to build upon the
approved policy to identify where options are needed and where they’re not wanted.
There are no definition of these types of streets which is based on traffic volume.
Transportation Advisory Board – May 19, 2021 – Page 4
Muhonen stated there are four classifications and no definitions. He believes there
should be a definition of the functional hierarchy for streets, and the associated
expectations. It would be wrong to say every single street is subject to same standards
and he doesn’t believe it should be left undefined. It is not feasible to perform the
Complete Streets requirements on every single street in Estes Park.
Slack stated that the existing municipal code prohibits the use of bikes on sidewalks in a
corridor which is primarily the bulk of the Riverwalk and downtown sidewalks. Slack’s
concern is if there are adult cyclists on sidewalks used by small children, there may not
be enough width for safety.
TAB Bylaws: Muhonen reported that the Executive Leadership Team (ELT) confirmed
the Town Clerk’s Office and Legal Department will bring the bylaw templates to Town
leadership for final approval at the June 2 ELT meeting. Muhonen feels proud that the
content was added to all the Town’s advisory board bylaws and commended the TAB
members as change agents. A few more items needed to be determined and added.
With time requirements, the TAB can discuss this topic at the June meeting, with time to
review, and vote on the new template in July. Finley stated her desire to see the
updated document in June to provide time to hash things out prior to a vote.
Downtown Estes Loop: Revised LOMR has been submitted to FEMA. Update meeting
was held on ROWs and easements, with continued discussions on no-rise
requirements.
OTHER BUSINESS (Chair, Belle Morris)
Chair Morris and Vice Chair Street shared their concern about the Graves Avenue
Design outreach process. They understood there would be a live, collaborative
discussion held in a public manner, further stating that when dialogue occurs, it provides
for added learning from our peers and results in better outcomes. Morris also expressed
concern that the Complete Streets guidelines were not followed by Public Works and
hopes this can be part of the discussion.
Project Manager Ryan Barr shared his appreciation for the comments and stated that
the TAB meetings is where the live dialogue was to occur. There were pandemic
restrictions at the start of the project and he believed a 2-week feedback opportunity
would bring more input that a one-day event that many may not be able to attend. Barr
also felt it would give more time to weigh options. Director Muhonen affirmed that the
Public Works Department absolutely followed the Complete Streets guidelines and
checklist. It is a simple fact that projects cannot always accommodate all the different
transportation modes. The Complete Streets Policy is not a mandate to require this
everywhere in Estes Park. Muhonen reiterated that Manager Barr absolutely fulfilled the
policy. The heart of issue is the Statement of Work (SOW). The pandemic rules and
allowances are now different than when the design consultant entered into a contract
with the Town. There is a way to have a live meeting at some point and Public Works
will consider this while keeping the two-week comment period and potentially adding a
live conversation option. Morris stated there should be a bolder design to accommodate
bicycles on Graves Avenue and wants the public to engage with Option 4 – Other.
Vice Chair Street shared that he and Morris came away from the May TAB meeting
confused on the options as presented. They just wanted to communicate that Graves
Avenue is very important to them as part of the first implementation of a Safe Routes to
School (SRTS) design and wanted to consider an option that is above and beyond what
you would see on other streets. Morris stated that doing this provides an opportunity to
do something dramatic and is what Complete Streets is supposed to address. Street
added that when he goes by the school, he sees many vehicles lined up in street with
their motors running. The Town has to make it inviting so that it changes the paradigm
of how people operate and he stressed the importance of having public dialogue.
Transportation Advisory Board – May 19, 2021 – Page 5
Slack stated he went through the minutes before this meeting that address the budget
limitations. He stated this may be the rationale for not allowing everything everyone
wants and shared that the main thing is to get something done now.
Hook concurred with everything Manager Barr and Director Muhonen shared from the
Public Works standpoint. Public Works is also limited by the scope of the design
consultant contract. Hook is open to a change of direction, but that could take time. He
likes the ideas that have come in and have discussed potential traffic calming
measures. The Town and consultant are hoping the outreach process will bring more
ideas. The original concepts, as designed, were based upon input received from the
TAB, and the project team felt all were in good shape in doing the best with what is
available. For some of the changes being discussed, a phased approach may be
needed.
Member Gamble stated that based on the suggestion to add an 8’ path along the entire
south side at the May TAB meeting was a good idea. He asked if this idea could be
vetted with ideas from Chair Morris and Vice Chair Street, then come up with cost
analysis as recommended by Member Finley. Public Works is now aware of this idea
but it would need fleshed out by Public Works prior to implementation.
Member Moulton feels that this idea should be treated as an Option 4 item like the other
public comments, stating that it’s not feasible to offer all options every time in perpetuity.
Street, in a counter argument reminded the TAB that the outreach on the 3rd street
traffic calming scenario was very lengthy, with many iterations and a large number of
alternatives before landing on the final result. Morris feels the options provided were
austere.
Manager Barr feels that the idea would be good for a potential future SRTS application
but that it would definitely break the budget to do what is being requested.
There being no further business, Chair Morris adjourned the meeting at 2:13 p.m.
Megan Van Hoozer, Recording Secretary
Page 16
PUBLIC WORKS Report
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Vanessa Solesbee, Parking & Transit Manager
Greg Muhonen, Public Works Director
Date: July 13, 2021
RE: Acknowledgement of FTA 5311 Rural Area Formula Program Application
Objective:
Public Works (PW) staff requests Town Board acknowledgement of an application to
the Federal Transit Administration’s (FTA’s) 5311 Rural Area Formula Program to
support Estes Transit operations and administration in 2022.
Present Situation:
On June 1, the Colorado Department of Transportation (CDOT) Division of Transit and
Rail (DTR) issued a Notice of Funding Availability (NOFA) for eight FTA and State
transit funds, including the FTA 5311 Rural Area Formula Program. The FTA 5311
Program is for rural areas (populations less than 50,000) who operate fixed route or
demand response general public transit. The application is intended for those wishing to
receive federal program funds for: 1) Admin and Operating (A/O projects); and 2)
Purchased Transit Services projects. Applications are due to CDOT by Friday, July 16.
Proposal:
Estes Transit service has expanded gradually over the past few years. Previous service
proposals brought forth as part of the Town’s regular annual budgeting process have
been largely unsuccessful (e.g., for an extended season, increased daily service hours
and additional routes such as the Green/Express).
In late 2019/early 2020, staff worked with the Shuttle Committee, Transportation
Advisory Board and a pro-bono consultant to conduct an analysis of Estes Transit
service. As a result of this assessment, a number of service improvements and
expansions were planned for summer 2020, including route deviation, expansion of the
service season and expanded hours of operation. Those changes were planned within
the existing 2020 transit budget by reducing underperforming routes and by refining
daily service hours. However, like many other Town divisions, transit lost significant
ground in 2020 due to the mid-year budget cuts related to the COVID-19 pandemic.
While Estes Transit had a delayed service season start in 2020, we were able to run an
extended season due to a combination of General Fund commitment, CDOT
Page 17
Revitalizing Main Streets grant support and Federal stimulus (Coronavirus Aid, Relief
and Economic Security Act or CARES).
In 2021, Estes Transit is running extended trolley service to match the paid parking
season using a combination of General Fund dollars and the remainder of one-time
Federal stimulus funding (CARES); however, there will still be a gap between the
Town’s original 2021 transit budget and the cost of the service we would like to provide.
The Town will be the recipient of additional Federal stimulus (Coronavirus Response
and Relief Supplemental Appropriations Act or CRRSAA) in 2021 (grant agreement
likely coming from CDOT to the Town in July) and this new round of (again, one-time)
stimulus will cover the 2021 operating shortfall and allow the Town to begin work on
developing a new brand and strategic marketing plan for Estes Transit (which is a 2021
Town Board strategic goal).
As previously mentioned, both Federal stimulus awards (CARES and CRRSAA) are
temporary and time-limited sources of funding.
The FTA 5311 Rural Area Formula Program is an annual program. If the Town’s
application for 2022 is accepted, the chances of receiving future annual Operating and
Admin support through this program in future years is improved. This will be the first
time that the Town has applied for this program, and PW and Finance staff have good
experience managing this type of funding due to the recent CARES award.
Advantages:
• Obtaining FTA 5311 Program funding could:
o Provide support for the Town Board’s 2021 Strategic Plan, Key Outcome Area:
Transportation – “Develop options for year-round transit service in Estes Park
(including operational consideration, cost estimates and financing tools)”;
o Reduce the reliance on the Town’s General Fund for administration and operation of
Estes Transit in 2022; and
o Provide an ongoing, annual source of funding that while not guaranteed, is
considered stable due to the program’s longevity (10 years).
Disadvantages:
• Applying for and receiving grant funding is accompanied with additional administrative
burdens; however, Town staff have recent experience managing a federal grant of this type.
Action Recommended:
No action required. PW staff asks for the Town Board’s acknowledgement through this
report memo to submit an application to CDOT for the Federal Transit Administration’s
(FTA’s) 5311 Rural Area Formula Program to support Estes Transit operations and
administration in 2022.
Finance/Resource Impact:
The program requires that applicants indicate a requested amount for 2022 divided into
two categories: 1) Operating funds (e.g., expenses related directly to operations,
including drivers’ salaries, fuel, oil, etc.) and 2) Admin funds (e.g., marketing, insurance,
vehicle leases). The Operating funds require a 50% local match and the Admin funds
require a 20% local match. Page 18
Based on these pre-defined categories and anticipated 2022 transit budget needs, PW
staff are planning to submit an application request for $70,000, with $60,000 designated
as operating funds and $10,000 as admin funds for 2022.
Current Impact: The local match for the operating funds ($30,000) would come from
account #101-5600-456.22-60 and the local match for the admin funds would come
from account #101-5600-456.26-03 ($2,000). While the 2022 budget process is
currently underway, the transit base budget submitted to Finance by PW on June 21
includes sufficient funds for the local match.
Future Impact: None anticipated at this time.
Level of Public Interest
Public interest in continued transit services for the Town of Estes Park is moderate. The
Transportation Advisory Board was briefed at their June 2021 meeting regarding PW
staff’s desire to apply for this funding program.
Attachments:
None.
Page 19
Page 20
Public Works Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Vanessa Solesbee, Parking & Transit Manager
Greg Muhonen, Public Works Director
Date: July 13, 2021
RE: Resolution 56-21 Approving an Intergovernmental Agreement with CDOT
for FTA 5339(b) Grant Funding for One Electric Bus Charger
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Public Works staff seek Town Board approval for this Intergovernmental Agreement
(IGA) with the Colorado Department of Transportation (CDOT) for Federal Transit
Administration (FTA) 5339(b) grant funding for one electric bus charger.
Present Situation:
In 2020, the Town received the first of two battery electric trolley buses. The second is
on schedule to arrive in 2021. Both trolleys were purchased using FTA grant funds
(80% FTA funding, 20% budgeted local match).
In order to house and protect the new trolleys, Town staff successfully obtained
additional FTA funding in August 2020 to design and construct two large vehicle bays
by adding to an existing Town building located at 575 Elm Rd. (former Water Division
shop; new Fleet Division shop). The grant also included the purchase of a charging
station for the second electric trolley, which is the grant award up for IGA approval.
CDOT divided the Town’s 5339(b) award into three separate “projects,” each of which
require a separate FTA 5339(b) grant funding agreement: 1) Facility Design, 2) the
Charging Station and 3) Facility Construction.
Proposal:
In anticipation of the arrival of the Town’s second trolley (likely in late summer/early Fall
2021), Public Works staff propose to move forward with procuring and installing the
second charging station. Since each electric trolley needs its own charging station, this
second charging station must be installed and in working order before the Town can
accept the second electric trolley. Public Works staff recommend approval of the IGA Page 21
with CDOT as presented in order to avoid any possible delays with delivery and
commissioning of the Town’s second electric trolley.
Advantages:
•This project is in line with the defined purpose of FTA 5339(b) grant funding: “to improve the
condition of the nation’s public transportation bus fleets, expand transportation access to
employment, educational, and healthcare facilities, and to improve mobility options in rural
and urban areas throughout the country”.
•This project supports the Town Board’s 2021 Strategic Plan, Key Outcome Area:
Transportation – “Increase use of charging stations and electric vehicle tourism”.
•The acquisition of this electric vehicle will help fulfill the goals of the Statewide Transit Plan.
Disadvantages:
•Acceptance of grant funding is accompanied with additional administrative burdens;
however, Town staff have recent experience managing a Federal grant of this type.
•Acceptance of grant funding always comes with risk that the project will not go as planned;
however, Town staff have a good working relationship with CDOT and will actively work to
identify and mitigate any challenges that may arise.
Action Recommended:
Public Works staff respectfully request that the Board authorize execution of the
proposed grant agreement with CDOT for procurement of one electric bus charger.
Finance/Resource Impact:
For the charging station “project”, the financial impact to the Town is as follows:
FTA 5339(b) grant total: $ 3,200
Matching Town funds (budgeted): $ 800
Total project cost: $ 4,000
The charging station fits into FTA Category 11 - Bus and Bus Facilities, and as such,
cost sharing is required for the grant, as provided in 49 U.S.C. § 5307(d). The local
match for this award (noted as “Subrecipient Matching Funds” in Exhibit A of the
attached contract) was legally appropriated for the purposes of this Agreement as part
of the regular 2021 Town budget process in Fall 2020.
Level of Public Interest
Public interest in this item is low. The grant award was announced by Congressman
Neguse’s office via press release in August 2020. The Transportation Advisory Board
receives updates on this project during their regular monthly meetings.
Sample Motion:
I move for the approval/denial of Resolution 56-21.
Attachments:
1.Resolution 56-21
2.CDOT IGA (PDF version for TB review only; contract to be issued electronically through
Docusign) Link
Page 22
RESOLUTION 56-21
APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH COLORADO
DEPARTMENT OF TRANSPORATION FOR FEDERAL TRANSIT ADMINISTRATION
5339(B) GRANT FUNDING FOR ONE ELECTRIC BUS CHARGER
WHEREAS, the Town Board desired to enter the intergovernmental agreement
referenced in the title of this resolution for the purpose of accepting Federal Transit
Administration (FTA) 5339(b) grant funding for one electric bus charger for the Town’s
second electric battery trolley bus, which will be delivered in 2021.
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 , 2021.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
ATTACHMENT 1
Page 23
Contract Number: 21-HTR-ZL-00293/491002595 Page 1 of 44 Version 10/23/19
STATE OF COLORADO SUBAWARD AGREEMENT
COVER PAGE
State Agency
Department of Transportation
Agreement Number / PO Number
21-HTR-ZL-00293 / 491002595
Subrecipient
TOWN OF ESTES PARK
Agreement Performance Beginning Date
The Effective Date
Initial Agreement Expiration Date
December 31, 2024 Subaward Agreement Amount
Federal Funds
Maximum Amount (80%)
Local Funds
Local Match Amount (20%)
Agreement Total
$3,200.00
$800.00
$4,000.00
Fund Expenditure End Date
December 31, 2024
Agreement Authority
Authority to enter into this Agreement exists in
CRS §§43-1-106, 43-1-110, 43-1-117.5, 43-1-701,
43-1-702 and 43-2-101(4)(c), appropriated and
otherwise made available pursuant to the FAST
ACT, MAP-21, SAFETEA_LU, 23 USC §104 and
23 USC §149.
Agreement Purpose
In accordance with 49 USC §5339(b), the purpose of this Grant is to provide capital funding to improve the
condition of the nation’s public transportation bus fleets, expand transportation access to employment,
educational, and healthcare facilities, and to improve mobility options in rural and urban areas throughout
the country. The work to be completed under this Grant b y the Grantee 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
For Subrecipient:
Vanessa Solesbee
TOWN OF ESTES PARK
PO BOX 1200
ESTES PARK, CO 80517
vsolesbee@estes.org
DocuSign Envelope ID: E1CFA078-2AE8-4716-97C8-D69F7FA51C2F
Contract Number: 21-HTR-ZL-00293/491002595 Page 2 of 44 Version 10/23/19
SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS 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.
SUBRECIPIENT
TOWN OF ESTES PARK
__________________________________________
__________________________________________
By: Print Name of Authorized Individual
Date: _________________________
STATE OF COLORADO
Jared S. Polis, Governor
Department of Transportation
Shoshana M. Lew, Executive Director
__________________________________________
By: Herman Stockinger, Deputy Director and
Director of Policy
Date: _________________________
2nd State or Subrecipient Signature if needed
__________________________________________
__________________________________________
By: Print Name of Authorized Individual
Date: _________________________
LEGAL REVIEW
Philip J. Weiser, Attorney General
__________________________________________
By: Assistant Attorney General
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:_____________________
DocuSign Envelope ID: E1CFA078-2AE8-4716-97C8-D69F7FA51C2F
Contract Number: 21-HTR-ZL-00293/491002595 Page 3 of 44 Version 10/23/19
TABLE OF CONTENTS
1. PARTIES................................................................................................................................................. 3
2. TERM AND EFFECTIVE DATE .......................................................................................................... 3
3. DEFINITIONS ........................................................................................................................................ 4
4. STATEMENT OF WORK AND BUDGET ........................................................................................... 6
5. PAYMENTS TO SUBRECIPIENT ........................................................................................................ 6
6. REPORTING - NOTIFICATION ........................................................................................................... 8
7. SUBRECIPIENT RECORDS ................................................................................................................. 9
8. CONFIDENTIAL INFORMATION - STATE RECORDS .................................................................... 9
9. CONFLICTS OF INTEREST ............................................................................................................... 10
10. INSURANCE ........................................................................................................................................ 11
11. BREACH OF AGREEMENT ............................................................................................................... 12
12. REMEDIES ........................................................................................................................................... 12
13. DISPUTE RESOLUTION .................................................................................................................... 14
14. NOTICES and REPRESENTATIVES .................................................................................................. 14
15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION ...................................................... 14
16. GENERAL PROVISIONS .................................................................................................................... 15
17. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) ..................................... 17
1. PARTIES
This Agreement is entered into by and between Subrecipient named on the Cover Page for this Agreement (the
“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 DATE
A. Effective Date
This Agreement shall not be valid or enforceable until the Effective Date, and the Grant Funds shall be
expended by the Fund Expenditure End Date shown on the Cover Page for this Agreement. The State shall
not be bound by any provision of this Agreement before the Effective Date, and shall have no obligation to
pay Subrecipient for any Work performed or expense incurred before the Effective Date, except as described
in §5.D, or after the Fund Expenditure End Date.
B. Initial Term
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, th e 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.
DocuSign Envelope ID: E1CFA078-2AE8-4716-97C8-D69F7FA51C2F
Contract Number: 21-HTR-ZL-00293/491002595 Page 4 of 44 Version 10/23/19
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 terminate this Agreement in whole or in part. A determination that this
Agreement should be terminated in the public interest shall not be equivalent to a State right to terminate 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.
i. Method and Content
The State shall notify Subrecipient of such termination in accordance with §14. The notice shall specify
the effective date of the termination and whether it affects all or a portion of this Agreement, and shall
include, to the extent practicable, the public interest justification for the termination.
ii. Obligations and Rights
Upon receipt of a termination notice for termination in the public interest, Subrecipient shall be subject
to the rights and obligations set forth in §12.A.i.a.
iii. Payments
If 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 construed and interpreted as follows:
A. “Agreement” means this subaward agreement, including all attached Exhibits, all documents incorporated
by reference, all referenced statutes, rules and cited authorities, and an y 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 bankruptcy, 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 of Subrecipient’s Work that is intended to be delivered
by Subrecipient.
DocuSign Envelope ID: E1CFA078-2AE8-4716-97C8-D69F7FA51C2F
Contract Number: 21-HTR-ZL-00293/491002595 Page 5 of 44 Version 10/23/19
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.
O. “Goods” means any movable material acquired, produced, or delivered by Subrecipient as set forth in this
Agreement and shall include any movable material acquired, produced, or delivered by Subrecipient in
connection with the Services.
P. “Grant Funds” means the funds that have been appropriated, designated, encumbered, or otherwise made
available for payment by the State under this Agreement.
Q. “Incident” means any accidental or deliberate event that results in or constitutes an imminent threat of the
unauthorized access, loss, disclosure, modification, disruption, or destruction of any communications or
information resources of the State, which are included as part of the Work, as described in §§24-37.5-401,
et. seq., C.R.S. Incidents include, without limitation (i) successful attempts to gain unauthorized access to a
State system or State Records regardless of where such information is located; (ii) unwanted disruption or
denial of service; (iii) the unauthorized use of a State system for the processing or storage of data; or (iv)
changes to State system hardware, firmware, or software characteristics without the State’s knowledge,
instruction, or consent.
R. “Initial Term” means the time period defined in §2.B.
S. “Master Agreement” means the FTA Master Agreement document incorporated by reference and made part
of FTA’s standard terms and conditions governing the administration of a project supported with federal
assistance awarded by FTA.
T. “Matching Funds” (Local Funds, or Local Match) means the funds provided by Subrecipient as a match
required to receive the Grant Funds and includes in -kind contribution.
U. “Party” means the State or Subrecipient, and “Parties” means both the State and Subrecipient.
V. “PII” means personally identifiable information including, without limitation, any information 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 Page s 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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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 rules promulgated by the Colorado State Controller pursuant to §24 -
30-202(13)(a), C.R.S.
AA. “State Fiscal Year” means a 12-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 of a
Federal program but does not include an individual that is a beneficiary of such program. A Subrecipient may
also be a recipient of other Federal Awards directly from a Federal Awarding Agency. For the purposes of
this Agreement, Contractor is a Subrecipient.
FF. “Uniform Guidance” means the Office of Management and Budget Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200, commonly known as the
“Super Circular, which supersedes requirements from OMB Circulars A -21, A-87, A-110, A-122, A-89, A-
102, and A-133, and the guidance in Circular A-50 on Single Audit Act follow-up.
GG. “Work” means the Goods delivered and Services performed pursuant to this Agreement.
HH. “Work 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,
pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, information, 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 performance of the Work.
Any other term 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 Subrecipient 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
i. 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 a ll 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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ii. Interest
Amounts not paid by the State within 45 days of the State’s acceptance of the invoice shall bear interest
on the unpaid balance beginning on the 45th day at the rate of 1% per month, as required by §24-30-
202(24)(a), C.R.S., until paid in 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.
iii. Payment Disputes
If Subrecipient disputes any calculation, determination 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.
iv. Available Funds-Contingency-Termination
The State is prohibited by law from making commitments beyond the term of the current State Fiscal
Year. Payment to Subrecipient beyond the current State Fiscal Year is contingent on the appropriation
and continuing availability of Grant Funds in any subsequent year (as provided in the Colorado Special
Provisions). If federal 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 raised 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 future 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 nature, except as required by Subrecipient’s laws or policies.
D. Reimbursement of Subrecipient Costs
i. The State shall reimburse Subrecipient for the federal share of properly documented allowable costs
related to the Work 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 performance 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 ma de in
accordance with the provisions of this Agreement.
ii. 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 formal 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.
iii. The State shall only reimburse allowable costs described in this Agreement and shown in the Budget if
those costs are:
a. Reasonable and necessary to accomplish 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 performance period end date for a respective phase of the W ork,
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. If the Federal Awarding Agency has not closed this Federal
Award within one year and 90 days after the Fund Expenditure End Date shown on the Cover Page for this
Agreement due to Subrecipient’s 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 performance measure and standard in this Agreement. Such progress report shall be in
accordance with the procedures developed and prescribed by the State. Progress reports shall be submitted
to the State not later than five Business Days following the end of each calendar quarter or at such time as
otherwise specified by the State.
B. Litigation Reporting
If Subrecipient is served with a pleading or other document in connect ion with an action before a court or
other administrative 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 State of such action and deliver copies of such pleading or document to
the State’s Principal Representative identified on the Cover Page for this Agreement.
C. Performance and Final Status
Subrecipient shall submit all financial, performance and other reports to the State no later than 45 calendar
days after the end of the Initial Term if no Extension Terms are exercised, or the final Extension Term
exercised by the State, containing an evaluation and review of Subrecipient’s performance and the final status
of Subrecipient’s obligations hereunder.
D. Violations Reporting
Subrecipient shall disclose, in a timely manner, in writing to the State and the Federal Awarding Agency, all
violations of federal or State criminal law involving fraud, bribery, or gratuity violations potentially affecting
the Federal Award. The State or the Federal Awarding Agency may impose any penalties for noncompliance
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allowed under 2 CFR Part 180 and 31 U.S.C. 3321, which may include, without limitat ion, 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 performance of its obligations under this Agreement using procedures
as determined 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 performance of the Work.
D. Final Audit Report
Subrecipient shall promptly submit to the State a copy of any final audit report of an audit performed 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, rules, 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 Information. 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 Confid ential 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.
If Subrecipient is prevented by law or regulation from returning or destroying State Confidential Information,
Subrecipient warrants it will guarantee the confidentiality of, and cease to use, such State Confidential
Information.
D. Incident Notice and Remediation
If Subrecipient becomes aware of any 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 of Incident 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 perfor m 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 PII
If Subrecipient or any of its Subcontractors will or may receive PII under this Agree ment, 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 c onsistent with §§24-73-101 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 of Interest
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 former State
employee within six months following such employee’s termination of employment wit h 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 subject to such penalties as are allowed by law.
10. 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 comp anies as approved by
the State.
A. Workers’ Compensation
Workers’ compensation insurance as required by state statute, and employers’ liability insurance covering
all Subrecipient or Subcontractor employees acting within the course and scope of their employment.
B. General Liability
Commercial general liability insurance covering premises operations, fire damage, independent contractors,
products and completed operations, blanket contractual liability, personal injury, and advertising liability
with minimum limits as follows:
i. $1,000,000 each occurrence;
ii. $1,000,000 general aggregate;
iii. $1,000,000 products and completed operations aggregate; and
iv. $50,000 any 1 fire.
C. Automobile Liability
Automobile liability insurance covering any auto (including owned, hired and non-owned autos) with a
minimum limit of $1,000,000 each accident combined single limit .
D. 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 of Subrecipient
and Subcontractors.
E. Primacy of Coverage
Coverage required of Subrecipient and each Subcontractor shall be primary over any insurance or self-
insurance program carried by Subrecipient or the State.
F. Cancellation
All insurance policies shall include provisions preventing cancellation or non -renewal, except for
cancellation based on non-payment of premiums, without at least 30 days prior notice to Subrecipient and
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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, if Subrecipient’s subcontract
is not in effect as of the Effective Date, Subrecipient shall provide to the State certificates showing
Subcontractor insurance coverage required under this Agreement within seven Business Days following
Subrecipient’s execution of the subcontract. No later than 15 days before the expiration date of Subrecipient’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 term 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.
i. Termination for Breach of Agreement
In the event of Subrecipient’s uncured breach, the State may terminate this entire Agreement or any part
of this Agreement. Additionally, if Subrecipient fails to comply with any terms of the Federal Award,
then the State may, in its discretion or at the direction of a Federal Awarding Agency, terminate this
entire Agreement or any part of this Agreement. Subrecipient shall continue performance 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 terminate outstanding
orders and subcontracts with third parties. However, Subrecipient shall complete and deliver to the
State all Work not cancelled by the termination notice, and may incur obligations as necessary to do
so within this Agreement’s terms. At the request of the State, Subrecipient shall assign to the State
all of Subrecipient’s rights, title, and interest in and to such terminated orders or subcontracts. Upon
termination, Subrecipient shall take timely, reasonable and necessary action to protect and preserve
property in the possession of Subrecipient but in which the State has an interest. At the State’s
request, Subrecipient shall return materials owned by the State in Subrecipient’s possession at the
time of any termination. Subrecipient shall deliver all completed Work Product and all Work
Product that was in the process of completion to the State at the State’s request.
b. Payments
Notwithstanding anything to the contrary, the State shall only pay Subrecipient for accepted Work
received as of the date of termination. If, after termination by the State, the State agrees that
Subrecipient was not in breach or that Subrecipient’s action or inaction was excusable, such
termination shall be treated as a termination in the public interest , and the rights and obligations of
the Parties shall be as if this Agreement had been terminated in the public interest under §2.E.
c. Damages and Withholding
Notwithstanding any other remedial action by the State, Subrecipient shall remain liable to the State
for any damages sustained by the State in connection with any breach by Subrecipient, and the State
may withhold payment to Subrecipient for the purpose of mitigating the State’s damages until such
time as the exact amount of damages due to the State from Subrecipient is determined. The State
may withhold any amount that may be due Subrecipient as the State deems necessary to protect the
State against loss including, without limitation, loss as a result of outstanding liens and excess costs
incurred by the State in procuring from third parties replacement Work as cover.
ii. Remedies Not Involving Termination
The State, in its discretion, may exercise one or more of the following additional remedies:
a. Suspend Performance
Suspend Subrecipient’s performance 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 performing
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 performed, or that due to Subrecipient’s actions or inactions, cannot be
performed or if they were performed are reasonably of no value to the state ; provided, that any
denial of payment shall be equal to the value of the obligations not performed.
d. Removal
Demand immediate removal of any of Subrecipient’s employees, agents, or Subcontractors from the
Work whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise
unacceptable or whose continued relation to this Agreement is deemed by the State to be contrary
to the public interest or the State’s best interest.
e. 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 referred 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 24-109-101.1
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 permitted 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, pictures, 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 performance 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 perform 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 Agr eement 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 a ccordance 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 conform 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 Terms and Conditions
Notwithstanding anything to the contrary herein, the State shall not be subject to any provision included in
any terms, conditions, or agreements appearing on Subrecipient’s or a Subcontractor’s website or any
provision incorporated into any click-through or online agreements related to the Work unless that provision
is specifically referenced in this Agreement.
L. Severability
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or
enforceability of any other provision of this Agreement, which shall remain in full force and effect, provided
that the Parties can continue to perform 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 I.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(1), 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.
O. Third Party Beneficiaries
Except for the Parties’ respective successors and assigns described in §16.A, this Agreement does not and is
not intended to confer any rights or remedies upon any person or entity other than the Parties. Enforcement
of this Agreement and 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
i. Subrecipient shall secure, prior to the Effective Date, and maintain at all times during the term of this
Agreement, at its sole expense, all licenses, certifications, permits, 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 term 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.
ii. Subrecipient, if a foreign corporation or other foreign entity transacting business in the State of Colorado,
shall obtain prior to the Effective Date and maintain at all times during the term of this Agreement, at its
sole expense, a certificate of authority to transact business in the State of Colorado and designate a
registered agent in Colorado to accept service of process.
T. Federal Provisions
Subrecipient shall comply with all applicable requirements of Exhibits C and D at all times during the term
of this Agreement.
17. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3)
These Special Provisions apply to all agreements except where noted in italics.
A. STATUTORY APPROVAL. §24-30-202(1), C.R.S.
This Agreement shall not be valid until it has been approved by the Colorado State Controller or designee.
If this Agreement is for a Major Information Technology Project, as defined in §24 -37.5-102(2.6), C.R.S.,
then this Agreement shall not be valid until it has been approved by the State’s Chief Information Officer or
designee.
B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S.
Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for
that purpose being appropriated, budgeted, and otherwise made available .
C. GOVERNMENTAL IMMUNITY.
Liability for claims for injuries to persons or property arising from the negligence of the State, its
departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled
and limited by the provisions of the Colorado Governmental I mmunity Act, §24-10-101, et seq., C.R.S.; the
Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management
statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Agreement shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other
provisions, contained in these statutes.
D. INDEPENDENT CONTRACTOR.
Subrecipient shall perform its duties hereunder as an independent contractor and not as an employee. Neither
Subrecipient nor any agent or employee of Subrecipient shall be deemed to be an agent or employee of the
State. Subrecipient shall not have authorization, express or implied, to bind the State to any agreement,
liability or understanding, except as expressly set forth herein. Subrecipient and its employees and agents
are not entitled to unemployment insurance or workers compensation benefits through the State and
the State shall not pay for or otherwise provide such coverage fo r Subrecipient or any of its agents or
employees. Subrecipient shall pay when due all applicable employment taxes and income taxes and
local head taxes incurred pursuant to this Agreement. Subrecipient shall (i) provide and keep in force
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, rules, and regulations in effect or
hereafter established, including, without limitation, laws applicable to discrimination and unfair employment
practices.
F. CHOICE OF LAW, JURISDICTION, AND VENUE.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation,
execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference
which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this
Agreement shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the
City and County of Denver.
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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 conflict s 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 intergovernmental 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, accrued 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 determination 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 Subrecipient, 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 relating to the offer, issuance, or sale of securities, investment advisory
services or fund management services, sponsored projects, intergovernmental agreements, or information
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 perform 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 perform 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
performed, (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 Dep artment 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 affirms 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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EXHIBIT A, STATEMENT OF WORK AND BUDGET
Project Description* ESTE 2020 5339(b) Charging Station
Federal Awarding Agency Federal Transit Administration (FTA)
Federal Regional Contact Cindy Terwilliger
Federal Award Date To Be Determined
Project End Date December 31, 2024
FAIN To Be Determined CFDA # 20.526
CFDA Title
Bus and Bus Facilities Grants Program
Subrecipient Estes Park, Town of DUNS # 078355450
Contact Name Vanessa Solesbee Vendor # 2000306
Address PO Box 1200
Estes Park, Colorado 80517-1200
Phone # 970-577-3957
Email vsolesbee@estes.org Indirect Rate N/A
WBS** 20-39-0025.ESTE.115 ALI 11.22.20
Total Project Budget $4,000.00
Federal FTA-5339 Funds (at 80% or less) $3,200.00
Local Funds (at 20% or more) $800.00
Total Project Amount Encumbered via this Subaward Agreement $4,000.00
*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 use 2020 FTA-5339 funds, along with local matching funds, to purchase one electric bus
charger as more fully described below. The purchase will support the goals of the Statewide Transit Plan.
ALI QTY Fuel Type Description FTA Amount
11.22.20 1 N/A One electric bus charging station $3,200
Project Background
The Town was recently awarded FTA grants for the purchase two (2) electric battery trolley buses and a charging
station for one of the buses. One electric trolley is ready for delivery, and the sec ond is expected to be delivered in
2021. This project will provide a charging station for the second electric battery trolley bus.
Separate scopes and agreements will be developed for the purchase of professional design services and for the
construction of the vehicle bays.
B. Performance Standards
1. Project Milestones
Milestone Description Original Estimated Completion Date
Submit Reimbursement Request in COTRAMS 10/31/2021
Submit Progress Reports to GU Manager 9/30/2021
Submit Final Reimbursement Request in COTRAMS 12/31/2021
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, 2024.
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2. Town of Estes Park shall use the Capital Asset(s) purchased in its transit operations and shall perform regularly
recurring maintenance with specific performance measures tied to Town of Estes Park’s written maintenance
plans, including manufacturer’s recommendations and warranty program(s). Town of Estes Park will measure
whether this project is successful and improves the efficiency, effectiveness, and safety of transportation.
3. Performance will be reviewed throughout the duration of this Subaward Agreement. Town of Estes Pa rk 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.
4. Town of Estes Park must comply and submit all reimbursements and associated reports, as a condition of
project closeout.
C. Project Budget
1. The Total Project Budget is $4,000.00. CDOT will pay no more than 80% of the eligible, actual project costs,
up to the maximum amount of $3,200.00. CDOT will retain any remaining balance of the federal share of FTA-
5339 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 $3,200.00 (80%) and matching Local Funds of $800.00 (20%), 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. Town of Estes Park may use eligible federal funds for the Local Funds share, but those funds cannot be from
other Federal Department of Transportation (DOT) programs. Town of Estes Park’s share, together with the
Federal Funds share, must be enough to ensure payment of the Total Project Budget.
4. Per the terms of this Subaward Agreement, CDOT shall have no obligation to provide state funds for use on this
project. CDOT will administer Federal Funds for this project under the terms of this Subaward Agreement,
provided that the federal share of FTA funds to be administered by CDOT are made available and remain
available. Town of Estes Park shall initiate and prosecute to completion all actions necessary to enable Town of
Estes Park to provide its share of the Total Project Budget at or prior to t he time that such funds are needed to
meet the Total Project Budget.
D. Procurement
Procurement of the Capital Asset will comply with state procurement procedures, the DTR Quick Procurement
Guide, as well as FTA’s requirements and 2 CFR 200.320. In addition t o the state requirements outlined below, state
and FTA procedures (where applicable) for purchase of the Capital Asset must be followed and will be outlined
prior to purchase.
1. The first step in the procurement process will be to obtain an Independent Cost Estimate (ICE).
2. The second step will be to obtain a Procurement Concurrence Request (PCR) approval from the CDOT Project
Manager through COTRAMS.
3. Prior to entering into a purchasing agreement with the selected vendor, Town of Estes Park shall request a
Purchase Authorization (PA), and submit a vendor quote for the Capital Asset in COTRAMS.
4. Upon delivery, Town of Estes Park shall be responsible for having the Capital Asset(s) inspected and accepted
within fifteen (15) calendar days of delivery. If defects prevent acceptance of the Capital Asset(s), Town of
Estes Park will contact the vendor to resolve any defects and notify CDOT.
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5. Town of Estes Park shall be responsible for reimbursing the selected vendor within forty-five (45) calendar
days after acceptance of the Capital Asset(s).
E. Reimbursement Eligibility
Requests for reimbursement for eligible project costs will be paid to Town of Estes Park upon submission of a
complete reimbursement packet in COTRAMS for those eligible costs incurred during the Subaward Agreement
effective dates.
Accepted reimbursement packets will include the following completed documents:
Independent Cost Estimate (ICE)
Procurement Concurrence Request (PCR)
Purchase Authorization (PA)
Signed Notice of Acceptance (NA)
Invoice
Proof of Payment
Post Delivery Certifications
Town of Estes Park must submit the final invoice within sixty (60) calendar days of acceptance of the Capital
Asset(s), and submit a Grant Closeout and Liquidation (GCL) Form in COTRAMS within fifteen (15) calendar day s
of issuance of the final reimbursement payment.
F. Federal Interest-Service Life
FTA maintains its share of the remaining federal interest upon disposition of federally assisted property before the
end of its useful life or for a value greater than $5,000 after the useful life has been met, according to the provisions
of FTA C 5010.E1 Chapter IV(4)(o)(1).
Town of Estes Park shall not dispose or otherwise release the Capital Asset(s) to any other party while there is
federal interest in the Capital Asset(s) without approval from the CDOT Project Manager.
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
1. 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 permit CDOT and their auditors to have access to Town of Es tes 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 5010.1.
4. Except as provided in this Subaward Agreement, Town of Estes Park shall not be reimbursed for any purchase,
issued purchase order, or leased capital equipment prior to the execution of this Subaward Agreement.
5. 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).
6. Town of Estes Park must obtain CDOT approval, in writing, if FTA funds are intended to be used for payment
of a lease or for third-party contracts.
7. Town of Estes Park shall document any loss, damage, or theft of FTA- or state-funded property, equipment, or
rolling stock in COTRAMS.
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8. 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.
9. Town of Estes Park shall seek to ensure non-discrimination in its programs and activities by developing and
maintaining a Title VI Program in accordance with the “Requirements for FTA Subrecipients” in CDOT’s Title
VI Program Plan and Federal Transit Administration Circular 4702.1B, “Title VI Requirements and Guidelines
for FTA Recipients.” The Party shall also facilitate FTA’s compliance with Executive Order 12898 and DOT
Order 5610.2(a) by incorporating the principles of environmental justice in planning, project development, and
public outreach in accordance with FTA Circular 4703.1 “Environmental Justice Policy Guidance for Federal
Transit Administration Recipients.”
10. Town of Estes Park shall develop and maintain an ADA Program in accordance with 28 CFR Part 35,
Nondiscrimination on the Basis of Disability in State and Local Government Services, FTA Circular 4710.1,
and any additional requirements established by CDOT for FTA subrecipients.
11. 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.
12. Town of Estes Park shall agree to produce and maintain documentation that supports compliance with the
Americans with Disabilities Act to CDOT upon request.
13. 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
Department of Transportation
Option Letter Number
Insert the Option Number (e.g. "1" for the first
option)
Subrecipient
Insert Subrecipient's Full Legal Name, including "Inc.",
"LLC", etc...
Original Agreement Number
Insert CMS number or Other Contract Number of
the Original Contract
Subaward Agreement Amount
Federal Funds
Option Agreement Number
Insert CMS number or Other Contract Number of
this Option Maximum Amount (%) $0.00
Local Funds Agreement Performance Beginning Date
The later of the Effective Date or Month, Day,
Year
Local Match Amount (%) $0.00
Agreement Total $0.00 Current Agreement Expiration Date
Month, Day, Year
1. OPTIONS:
A. Option to extend for an Extension Term or End of Term Extension.
2. REQUIRED PROVISIONS:
A. For use with Option 1(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 term/end of term 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 1(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: ________________________________________
Herman Stockinger, Deputy Director and Director of
Policy
Date: ________________________________
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.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:_______________________________________
Department of Transportation
Option Letter Effective Date: __________________
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EXHIBIT C, FEDERAL PROVISIONS
1. APPLICABILITY OF PRO VISIONS
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:
2.1.1.1.1. Grants;
2.1.1.1.2. Contracts;
2.1.1.1.3. Cooperative agreements, which do not include cooperative research and development
agreements (CRDA) pursuant to the Federal Technology Transfer Act of 1986, as amended
(15 U.S.C. 3710);
2.1.1.1.4. Loans;
2.1.1.1.5. Loan Guarantees;
2.1.1.1.6. Subsidies;
2.1.1.1.7. Insurance;
2.1.1.1.8. Food commodities;
2.1.1.1.9. 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 OMB in policy memoranda available at the OMB website or
other source posted by the OMB.
2.1.1.2. Award does not include:
2.1.1.2.1. Technical assistance, which provides services in lieu of money;
2.1.1.2.2. 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 Recove ry 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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2.1.5.1. A governmental organization, which is a State, local government, or Indian Tribe;
2.1.5.2. A foreign public entity;
2.1.5.3. A domestic or foreign non-profit organization;
2.1.5.4. A domestic or foreign for-profit organization; and
2.1.5.5. A Federal agency, but only a Subrecipient under an Award or Sub award to a non-Federal entity.
2.1.6. “Executive” means an officer, managing partner or any other employee in a management position.
2.1.7. “Federal Award Identification Number (FAIN)” means an Award number assigned by a Federal
agency to a Prime Recipient.
2.1.8. “Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient as
described in 2 CFR §200.37
2.1.9. “FFATA” means the Federal Funding Accountability and Transparency Act of 2006 (Public Law
109-282), as amended by §6202 of Public Law 110 -252. FFATA, as amended, also is referred to
as the “Transparency Act.”
2.1.10. “Federal Provisions” means these Federal Provisions subject to the Transparency Act and Uniform
Guidance, as may be revised pursuant to ongoing guidance from the relevant Federal or State of
Colorado agency or institutions of higher education.
2.1.11. “OMB” means the Executive Office of the President, Office of Management and Budget.
2.1.12. “Prime Recipient” means a Colorado State agency or institution of higher education that receives
an Award.
2.1.13. “Subaward” 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 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.
2.1.14. “Subrecipient” means a non-Federal Entity (or a Federal agency under an Awar d or Subaward to a
non-Federal Entity) receiving Federal funds through a Prime Recipient to support the performance
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.
2.1.15. “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.
2.1.16. “System for Award Management (SAM)” means the Federal repository into which an Entity must
enter the information required under the Transparency Act, which may be found at
http://www.sam.gov.
2.1.17. “Total Compensation” means the cash and noncash dollar value earned by an Executive durin g the
Prime Recipient’s or Subrecipient’s preceding fiscal year and includes the following:
2.1.17.1. Salary and bonus;
2.1.17.2. Awards of stock, stock options, and stock appreciation rights, using the dollar amount
recognized for financial statement reporting purposes with respect to the fiscal year in
accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2005)
(FAS 123R), Shared Based Payments;
2.1.17.3. 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;
2.1.17.4. Change in present value of defined benefit and actuarial pension plans;
2.1.17.5. Above-market earnings on deferred compensation which is not tax-qualified;
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2.1.17.6. Other compensation, if the aggregate value of all such other compensation (e.g. severance,
termination payments, value of life insurance paid on behalf of the employee , perquisites or
property) for the Executive exceeds $10,000.
2.1.18. “Transparency 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 FFATA.
2.1.19. “Uniform Guidance” means the Office of Management and Budget Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards, which supersedes
requirements from OMB Circulars A-21, A-87, A-110, and A-122, OMB Circulars A-89, A-102,
and A-133, and the guidance in Circular A-50 on Single Audit Act 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.
2.1.20. “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 AWARD MANAGEMENT (SAM) AND DATA UNIVERSAL NUMBERING
SYSTEM (DUNS) REQUIREMENTS
4.1. SAM. Contractor shall maintain the currency of its information in SAM until the Contractor submits the
final financial report required under the Award or receives final payment, whichever is later. Contractor
shall review and update SAM information at least annually after the initial registration, and more
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. The total Federal funding authorized to date under the Award is $25,000 or more; and
5.1.2. In the preceding fiscal year, Contractor r eceived:
5.1.2.1. 80% or more of its annual gross revenues from Federal procurement contracts and subcontracts
and/or Federal financial assistance Awards or Sub awards subject to the Transparency Act; and
5.1.2.2. $25,000,000 or more in annual gross revenues from Federal procurement contracts and
subcontracts and/or Federal financial assistance Awards or Sub awards subject to the
Transparency Act; and
5.1.3. The public does not have access to information about the compensation of such Executives through
periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
78m(a), 78o(d) or § 6104 of the Internal Revenue Code of 1986.
6. REPORTING
6.1. Contractor shall report data elements to SAM and to the Prime Recipient as r equired 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 (OMB), and as such are subject
to change at any time by OMB. Any such changes shall be automatically incorporated into this Contract
and shall become part of Contractor’s obligations under this Contract.
7. EFFECTIVE DATE AND DOLLAR THRESHOLD FOR REPORTING
7.1. Reporting requirements in §8 below apply to new Awards as of October 1, 2010, if the initial award is
$25,000 or more. If the initial Award is below $25,000 but subsequent Award modifications result in a
total Award of $25,000 or more, the Award is subject to the reporting requirements as of the date the
Award exceeds $25,000. If the initial Award is $25,000 or more, but funding is subsequently de -
obligated such that the total award amount falls below $25,000, the Award shall continue to be subject
to the reporting requirements.
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.
8.1.1. To SAM. A Subrecipient shall register in SAM and report the following data elements in SAM for
each Federal Award Identification Number no later than the end of the month following the month
in which the Sub award was made:
8.1.1.1. Subrecipient DUNS Number;
8.1.1.2. Subrecipient DUNS Number + 4 if more than one electronic funds transfer (EFT) account;
8.1.1.3. Subrecipient Parent DUNS Number;
8.1.1.4. Subrecipient’s address, including: Street Address, City, State, Country, Zip + 4, and
Congressional District;
8.1.1.5. Subrecipient’s top 5 most highly compensated Executives if the criteria in §4 above are met;
and
8.1.1.6. Subrecipient’s Total Compensation of top 5 most highly compensated Executives if criteri a in
§4 above met.
8.1.2. To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon the effective date of
the Agreement, the following data elements:
8.1.2.1. Subrecipient’s DUNS Number as registered in SAM.
8.1.2.2. Primary Place of Performance Information, 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
10.1. 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 §200.331(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 expenditure s of Federal awards in
accordance with Uniform Guidance §200.510 (Financial statements) and provide the auditor with
access to personnel, accounts, books, records, supporting documentation, and other information as
needed for the auditor to perform the aud it 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 60-1.4(b), in accordance with
Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964 -
1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Ord er 11246
Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60,
“Office of Federal Contract Compliance Programs, Equal Employment Op portunity, Department of
Labor.
12.1.1.1. During the performance 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.
12.1.1.1.2. 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 rules, regulations, and relevant or ders of the Secretary of Labor.
12.1.1.1.5. Contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit 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 rules, 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 rules, 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 rule,
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 (1) 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 construction 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
Construction”). 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. In addition, contractors must be required to pay wages not less than once
a week. The non-Federal entity must place a copy of the current prevailing wage determination
issued by the Department of Labor in each solicitation. The decision to award a contract or
subcontract must be conditioned upon the acceptance of the 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 W hole 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 construction, 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. 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 firm or nonprofit organization regarding the substitution of parties,
assignment or performance 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 Firms Under Government Grants,
Contracts and Cooperative Contracts,” and any implementing regulations issued by the awarding
agency.
12.1.4. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C.
1251-1387), as amended. Contracts and subawards of amounts in excess of $150,000 must contain
a provision that requires the non-Federal award to agree to comply with all applicable standards,
orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 -7671q) and the Federal
Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the
Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
12.1.5. Debarment and Suspension (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 OMB guidelines at 2 CFR 180 that implement
Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p.
235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred,
suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory
or regulatory authority other than Executive Order 12549.
12.1.6. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it
will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of Congress,
officer or employee of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must
also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any
Federal award. Such disclosures are forwarded from tier-to-tier up to the non-Federal award.
13. CERTIFICATIONS
13.1. Unless prohibited by Federal statutes or regulations, Recipient may require Subrecipient to submit
certifications and representations required by Federal statutes or regulations on an annual basis. 2 CFR
§200.208. Submission may be required more frequently if Subrecipient fails to meet a requirement of
the Federal award. Subrecipient shall certify in writing to the State at the end of the Award that the
project or activity was completed, or the level of effort was expended. 2 CFR §200.201(3). If the
required level of activity or effort was not carried out, the amount of the Award must be adjusted .
14. EXEMPTIONS
14.1. These Federal Provisions do not apply to an individual who receives an Award as a natu ral person,
unrelated to any business or non-profit organization he or she may own or operate in his or her name.
14.2. A Contractor with gross income from all sources of less than $300,000 in the previous tax year is exempt
from the requirements to report Subawards and the Total Compensation of its most highly compensated
Executives.
14.3. There are no Transparency Act reporting requirements for Vendors.
15. EVENT OF DEFAULT
15.1. Failure to comply with these Federal Provisions shall constitute an event of default under the Contract
and the State of Colorado may terminate the Contract upon 30 days prior written notice if the default
remains uncured five calendar days following the termination of the 30 -day notice period. This remedy
will be in addition to any other remedy available to the State of Colorado under the Contract, at law or
in equity.
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EXHIBIT D, REQUIRED FEDERAL CONTRACT/AGREEMENT CLAUSES
All FTA-Assisted Third-Party Contracts and Subawards from the Current FTA Master Agreement
[FTA MA(23)]
Section 3.l. – No Federal government obligations to third-parties by use of a disclaimer
No Federal/State Government Commitment or Liability to Third Parties. Except as the Federal Government or
CDOT expressly consents in writing, the Subrecipient agrees that:
(1) The Federal Government or CDOT do not and shall not have any commitment or liability related to the
Agreement, to any Third-Party Participant at any tier, or to any other person or entity that is not a party (FTA,
CDOT or the Subrecipient) to the Agreement, and
(2) Notwithstanding that the Federal Government or CDOT may have concurred in or approved any Solicitation
or Third-Party Agreement at any tier that may affect the Agreement, the Federal Government and CDOT
does not and shall not have any commitment or liability to any Third Party Participant or other entity or
person that is not a party (FTA, CDOT, or the Subrecipient) to the Agreement.
Section 4.f. – Program fraud and false or fraudulent statements and related acts
False or Fraudulent Statements or Claims.
(1) Civil Fraud. The Subrecipient acknowledges and agrees that:
(a) Federal laws, regulations, and requirements apply to itself and its Agreement, including the Program
Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq., and U.S. DOT regulations,
“Program Fraud Civil Remedies,” 49 C.F.R. 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, affirmation, 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 Subrecipient acknowledges that 49 U.S.C. § 5323(l)(1) 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, l eases, 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
Amendments thereto must be retained from the day the Agreement was signed by the authorized FTA or State
official through the course of the Award, the accompanying Agreement, and any Amendments thereto until three
years after the Subrecipient has submitted its last or final expenditure report, and other pending matters are closed.
c. Access to Recipient and Third-Party Participant Records. The Subrecipient agrees and assures that each
Subrecipient, if any, will agree to:
(1) Provide, and require its Third Party Participants at each tier to provide, sufficient access to inspect and audit
records and information related to its Award, the accompanying Agreement, and any Amendments thereto to
the U.S. Secretary of Transportation or the Secretary’s duly authorized representatives, to the Comptroller
General of the United States, and the Comptroller General’s duly authorized representatives, and to the
Subrecipient and each of its Subrecipient,
(2) Permit those individuals listed above to inspect all work and materials related to its Award, and to audit any
information related to its Award under the control of the Subrecipient or Third-Party Participant within books,
records, accounts, or other locations, and
(3) Otherwise comply with 49 U.S.C. § 5325(g), and federal access to records requirements as set forth in the
applicable U.S. DOT Common Rules.
d. Access to the Sites of Performance. The Subrecipient agrees to permit, and to require its Third-Party Participants
to permit, FTA and CDOT to have access to the sites of performance of its Award, the accompanying Agreement,
and any Amendments thereto, and to make site visits as needed in compliance with State and the U.S. DOT
Common Rules.
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e. Closeout. Closeout of the Award does not alter the record retention or access requirements of this section of th e
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 i n the Recipient’s Agreement or
this Master Agreement. At the time the FTA 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:
(1) Prohibit discrimination on the basis of race, color, or national origin,
(2) Comply with:
(a) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d et seq.,
(b) U.S. DOT regulations, “Nondiscrimination in Federally-Assisted Programs of the Department of
Transportation – Effectuation of Title 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 FTA 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.
(1) Federal Requirements and Guidance. The Subrecipient agrees to, and assures that each Third-Party
Participant will, prohibit, discrimination on the basis of race, color, religion, sex, sexual orientation,
gender identity, or national origin, and:
(a) Comply with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq.,
(b) Facilitate compliance with Executive Order No. 11246, “Equal Employment Opportunity”
September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends
or supersedes it in part and is applicable to federal assistance programs,
(c) Comply 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, recruitme nt, 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:
(1) Federal laws, including:
(a) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits
discrimination on the basis of disability in the administration of federally assisted Programs,
Projects, or activities,
(b) The Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et seq., which
requires that accessible facilities and services be made available to individuals with disabilities:
1 For FTA Recipients generally, Titles I, II, and III of the ADA apply, but
2 For Indian Tribes, Titles II and III of the ADA apply, but Title I of the ADA does not apply
because it exempts Indian Tribes from the definition of “employer,”
(c) The Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., which requires that
buildings and public accommodations be accessible to individuals with disabilities,
(d) Federal transit law, specifically 49 U.S.C. § 5332, which now 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,
(f) 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) 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
(l) 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:
(1) To comply with the requirements of 49 U.S.C. chapter 53 and other applicable federal laws, regulations,
and requirements in effect now or later that affect its third party procurements,
(2) To comply with the applicable U.S. DOT Common Rules, and
(3) To follow the most recent edition and any revisions of FTA Circular 4220.1, “Third Party Contracting
Guidance,” to the extent consistent with applicable federal laws, regulations, requirements, and
guidance.
Energy Conservation – 26.j
a. Energy Conservation. The Subrecipient agrees to, and assures that its Subrecipients, if any, will comply with the
mandatory energy standards and policies of its state energy conservation plans under the Energy Policy and
Conservation Act, as amended, 42 U.S.C. § 6321 et seq., and perform an energy assessment for any building
constructed, reconstructed, or modified with federal assistance required under FTA 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 terminate, or terminate all or any part of the federal assista nce for the
Award if:
(1) 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 termination 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
performance established for the Award does not, by itself, constitute an expiration or termination of the Award;
FTA may extend the period of performance to assure that each Formula Pro ject 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. Debarment and Suspension. The Subrecipient agrees to the following:
(1) It will comply with the following requirements of 2 C.F.R. part 180, subpart C, as adopted and
supplemented by U.S. DOT regulations at 2 C.F.R. part 1200.
(2) It will not enter into any arrangement to participate in the development or implementation of the
Underlying Agreement with any Third-Party Participant that is debarred or suspended except as
authorized by:
(a) U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 C.F.R. part 1200,
(b) U.S. OMB regulatory guidance, “Guidelines to Agencies on Government-wide Debarment and
Suspension (Nonprocurement),” 2 C.F.R. part 180, including any amendments thereto,
(c) Executive Orders No. 12549, “Uniform Suspension, Debarment, or Exclusion of Participants from
Procurement or Nonprocurement Activity,” October 13, 1994,” 31 U.S.C. § 6101 note, as amended
by Executive Order No. 12689, “Debarment and Suspension,” August 16, 1989 , 31 U.S.C. § 6101
note, and
(d) Other applicable federal laws, regulations, or guidance regarding participation with debarred or
suspended Subrecipients or Third-Party Participants.
(3) It 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) FTA Regional Counsel for the Region in which the Subrecipient is located or implements the
Agreement,
(b) FTA Headquarters Manager that administers the Grant or Cooperative Agreement, or
(c) FTA Chief Counsel.
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Applicable to Awards exceeding the simplified acquisition threshold ($100,000-see Note)
Note: Applicable when tangible property 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 FTA’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 FTA regulations,
“Buy America Requirements,” 49 C.F.R. part 661, to the extent consistent with 49 U.S.C. § 5323(j).
Section 39. Disputes, Breaches, Defaults, or Other Litigation.
a. FTA Interest. FTA has a vested interest in the settlement of any violation of federal law, regulation, or
disagreement involving the Award, the accompanying Agreement, and any Amendments thereto including,
but not limited to, a default, breach, major dispute, or litigation, and FTA reserves the right to concur in any
settlement or compromise.
b. Notification to FTA. 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 forum for any reason.
(2) Matters that may affect the Federal Government include, but are not limited to, the Federal Government’s
interests in the Award, the accompanying Underlying Agreement, and any Amendments thereto , or the
Federal Government’s administration or enforcement of federal laws, regulations, and requirements.
(3) If the Subrecipient has credible evidence that a Principal, Official, Employee, Agent, or Third Party
Participant of the Subrecipient, or other person has submitted a false claim under the False Claims Act,
31 U.S.C. § 3729 et seq., or has committed a criminal or civil violation of law pertaining to such matters
as fraud, conflict of interest, bribery, gratuity, or similar misconduct involving fed eral 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 FTA’s prior written concurrence.
d. Enforcement. The Subrecipient must pursue its legal rights and remedies available under any third-party
agreement, or any federal, state, or local law or regulation.
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, incl uding any
extension or modification, according to the following:
(1) 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 appropriatio ns 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 FTA’s
U.S. domestic preference requirements and follow federal guidance, including:
a. Buy America. The domestic preference procurement requirements of 49 U.S.C. § 5323(j), and FTA
regulations, “Buy America Requirements,” 49 C.F.R. part 661, to the extent consistent with 49 U.S.C. §
5323(j),
b. Cargo Preference. Preference – Use of United States-Flag Vessels. The shipping requirements of 46 U.S.C.
§ 55305, and U.S. Maritime Administration regulations, “Cargo Preference – U.S.-Flag Vessels,” 46 C.F.R.
part 381, and
c. Fly America. The air transportation requirements of Section 5 of the International Air Transportation Fair
Competitive Practices Act of 1974, as amended, 49 U.S.C. § 40118, and U.S. General Services
Administration (U.S. GSA) regulations, “Use of United States Flag Air Carriers,” 41 C.F.R. §§ 301 -10.131
– 301-10.143.
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), (FTA’s “Davis -Bacon Related Act”),
(b) The Davis-Bacon Act, 40 U.S.C. §§ 3141 – 3144, 3146, and 3147, and
(c) U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction
Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 C.F.R. part 5.
(2) Wage and Hour Requirements of:
(a) Section 102 of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. § 3702, and
other relevant parts of that Act, 40 U.S.C. § 3701 et seq., an
(b) U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction
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) Construction 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 Construction,” 29 C.F.R. part 1926.
From Section 16
b. Bonding. The Subrecipient agrees to comply with the following bonding requirements and restrictions as provided
in federal regulations and guidance:
1 Construction. As provided in federal regulations and modified by FTA guidance, for each Project or related
activities implementing the Agreement that involve construction, it will provide bid guarantee bonds, contract
performance bonds, and payment bonds.
2 Activities Not Involving Construction. For each Project or related activities implementing the Agreement not
involving construction, the Subrecipient will not impose excessive bonding and will follow FTA guidance.
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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. § 41.117.
Section 12 Civil Rights D.3
d. 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, Equ al 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 nonconstruction 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 t o 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 FTA programs involving public transportation operations, the Subrecipient
agrees to comply and assures that each Third-Party Participant will comply with the following employee
protective arrangements of 49 U.S.C. § 5333(b):
(1) U.S. DOL Certification. When its Awarded, the accompanying Agreement, or any Amendments thereto
involve public transportation operations and are supported with federal assistance appropriated or made
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 i s supported with
federal assistance appropriated or made available for 49 U.S.C. § 5311, U.S. DOL will provide a Special
Warranty for its Award, including its Award of federal assistance under the Tribal Transit Program. The
Subrecipient agrees that its U.S. DOL Special Warranty is a condition of the Agreement and the
Subrecipient must comply with its terms and conditions.
(3) Special Arrangements for Agreements for Federal Assistance Authorized under 49 U.S.C. § 5310. The
Subrecipient agrees, and assures that any Third Party Participant providing public transportation
operations will agree, that although pursuant to 49 U.S.C. § 5310, and former 49 U.S.C. §§ 5310 or 5317,
FTA has determined 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 permitted under federal transit laws, specifically 49 U.S.C. § 5323(d), (g),
and (r), FTA regulations, “Charter Service,” 49 C.F.R. part 604, any other Federal Charter Service regulations,
federal requirements, or federal guidance.
b. Exceptions. Apart from exceptions to the Charter Service restrictions in FTA’s Charter Service regulations, FTA
has established the following additional exceptions to those restrictions:
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(1) FTA’s Charter Service restrictions do not apply to equipment or facilities supported with federal assistance
appropriated or made available for 49 U.S.C. § 5307 to support a Job Access and Reverse Commute (JARC)-
type Project or related activities that would have been eligible for assistance under repealed 49 U.S.C. § 5316
in effect in Fiscal Year 2012 or a previous fiscal year, provided that the Subrecipient uses that federal
assistance for FTA program purposes only, and
(2) FTA’s Charter Service restrictions do not apply to equipment or facilities supported with the federal
assistance appropriated or made available for 49 U.S.C. § 5310 to support a New Freedom -type Project or
related activities that would have been eligible for federal assistance under re pealed 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, FTA may require corrective measures and remedies, including withholding an amount of federal
assistance as provided in FTA’s Charter Service regulations, 49 C.F.R. part 604, appendix D, or barring it or the
Third Party Participant from receiving federal assistance provided in 49 U.S.C. chapter 53, 23 U.S.C. § 133, or
23 U.S.C. § 142.
Section 29. School Bus Operations.
a. Prohibitions. The Subrecipient agrees that neither it nor any Third Party Participant that is participating in its
Award will engage in school bus operations exclusively for the transportation of students or school personnel in
competition with private school bus operators, except as permitted by federal transit laws, 49 U.S.C. § 5323(f) or
(g), FTA regulations, “School Bus Operations,” 49 C.F.R. part 605, and any other applicable federal “School Bus
Operations” laws, regulations, federal requirements, or applicable 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, FTA may require the Subrecipient or Third Party Participant to
take such remedial measures as FTA considers appropriate, or bar the Subrecipient or Third Party Participant
from receiving federal transit assistance.
From Section 35 Substance Abuse
c. Alcohol Misuse and Prohibited Drug Use.
(1) Requirements. The Subrecipient agrees to comply and assures that its Third -Party Participants will comply
with:
(a) Federal transit laws, specifically 49 U.S.C. § 5331,
(b) FTA regulations, “Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations,” 49
C.F.R. part 655, and
(c) Applicable provisions of U.S. DOT regulations, “Procedures for Transportation W orkplace Drug and
Alcohol Testing Programs,” 49 C.F.R. part 40.
(2) Remedies for Non-Compliance. The Subrecipient agrees that if FTA determines 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:
(1) 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 (FTA MA(23)), the Subrecipient will notify FTA immediately and provide
a detailed report satisfactory to FTA.
b. Federal Rights. The Subrecipient agrees that:
(1) Its rights and responsibilities, and each Third-Party Participant’s rights and responsibilities , in that federally
assisted invention, improvement, or discovery will be determi ned 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 Firms 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 performance
of the Agreement:
(1) 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:
(1) 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:
(1) 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 FTA 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 FTA 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.
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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
construed 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 fed eral 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.”
i. Requirements to Release Data. The Subrecipient understands and agrees that the Federal Gover nment may be
required to release data and information the Subrecipient submits to the Federal Government as required under:
(1). The Freedom of Information Act (FOIA), 5 U.S.C. § 552,
(2) The U.S. DOT Common Rules,
(3) U.S. DOT Public Access Plan, which provides that the Subrecipient agrees to satisfy the reporting and
compliance requirements as set forth in the U.S. DOT Public Access plan, including, but not limited to, the
submission and approval of a Data Management Plan, the use of Open Researcher and C ontributor 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 an d controlled by socially
and economically disadvantaged individuals, also referred to as “Disadvantaged Business Enterprises” (DBEs),
in the Agreement as follows:
(1) Statutory and Regulatory Requirements. The Subrecipient agrees to comply with:
(a) Section 1101(b) of the FAST Act, 23 U.S.C. § 101 note,
(b) U.S. DOT regulations, “Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs,” 49 C.F.R. part 26, and
(c) Federal transit law, specifically 49 U.S.C. § 5332, as provided in section 12 of this Master Agreement
(FTA MA(23)).
(2) DBE Program Requirements. A Subrecipient that receives planning, capital and/or operating assistance and
that will award prime third-party contracts exceeding $250,000 the requirements of 49 C.F.R. part 26.
(3) Special Requirements for a Transit Vehicle Manufacturer (TVM). The Subrecipient agrees that:
(a) TVM Certification. Each TVM, as a condition of being authorized to bid or propose on FTA-assisted
transit vehicle procurements, must certify that it has complied with the requirements of 49 C.F.R. part
26, and
(b) Reporting TVM Awards. Within 30 days of any third -party contract award for a vehicle purchase, the
Subrecipient must submit to FTA the name of the TVM contractor and the total dollar value of the third
party contract, and notify FTA that this information has been attached to FTA’s electronic award
management system. The Subrecipient must also submit additional notifications if options are exercised
in subsequent years to ensure that the TVM is still in good standing.
(4) Assurance. As required by 49 C.F.R. § 26.13(a):
(a) Recipient Assurance. The Subrecipient agrees and assures that:
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1 It must not discriminate on the basis of race, color, national origin, or s ex 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 terms 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:
1 The Subrecipient, each Third-Party Contractor, and each Third-Party Subcontractor must not
discriminate on the basis of race, color, national origin, or sex in the award and performance of any
FTA or U.S. DOT-assisted subagreement, third party contract, and third party subcontract, as
applicable, and the administration of its DBE program or the requirements of 49 C.F.R. part 26,
2 The Subrecipient, each Third-Party Contractor, and each Third-Party Subcontractor must take all
necessary and reasonable steps under 49 C.F.R. part 26 to ensure nondiscrimination in the award
and administration of U.S. DOT-assisted subagreements, third party contracts, and third party
subcontracts, as applicable,
3 Failure by the Subrecipient and any of its Third Party Contractors or Third Party Subcontractors to
carry out the requirements of subparagraph 12.e(4)(b) (of FTA MA(23)) is a material breach of their
subagreement, third party contract, or third party subcontract, as applicable, and
4 The following remedies, or such other remedy as the Subrecipient deems 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, FTA or U.S.
DOT may impose sanctions as provided for under 49 C.F.R. part 26, and, in appropriate cases, refer the
matter for 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:
(1) Federal laws, including:
(a) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits
discrimination on the basis of disability in the administration of federally assisted Programs,
Projects, or activities,
(b) The Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et seq., which
requires that accessible facilities and services be made available to individuals with disabilities:
1 For FTA Recipients generally, Titles I, II, and III of the ADA apply, but
2 For Indian Tribes, Titles II and III of the ADA apply, but Title I of the ADA does not apply
because it exempts Indian Tribes from the definition of “employer,”
(c) The Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., which requires that
buildings and public accommodations be accessible to individuals with disabilities,
(d) Federal transit law, specifically 49 U.S.C. § 5332, which now 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,
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(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,
(f) 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) 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
(l) Other applicable federal civil rights and nondiscrimination regulations and guidance .
Section 16. Procurement. For Assignability
a. Federal Laws, Regulations, Requirements, and Guidance. The Subrecipient agrees:
(1 To comply with the requirements of 49 U.S.C. chapter 53 and other applicable federal laws, regulations, and
requirements in effect now or later that affect its third-party procurements,
(2) To comply with the applicable U.S. DOT Common Rules, and
(3) To follow the most recent edition and any revisions of FTA Circular 4220.1, “Third Party Contracting
Guidance,” to the extent consistent with applicable federal laws, regulations, requirements, and guidance.
State Requirements
Section 37. Special Notification Requirements for States.
a. Types of Information. To the extent required under federal law, the State, agrees to provide the following
information about federal assistance awarded for its State Program, Project, or related activities:
(1) The Identification of FTA as the federal agency providing the federal assistance for a State Program or
Project,
(2) The Catalog of Federal Domestic Assistance Number of the program from which the federal assistance for a
State Program or Project is authorized, and
(3) The amount of federal assistance FTA has provided for a State Program or Project.
b. Documents. The State agrees to provide the information required under this provision in the following documents:
(1) applications for federal assistance, (2) requests for proposals, or solicitations, (3) forms, (4) notifications, (5)
press releases, and (6) other publications..
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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.
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 incurred expenditures.
If no 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.
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. FTA does not require pre-approval of in-kind
or cash match, but State does.
General ledger must also show the in-kind and/or cash match.
Indirect costs – If an entity wishes to use indirect costs, the rate must be approved by State
prior to applying it to the reimbursements.
If indirect costs are being requested, an approved indirect letter from State or your
cognizant agency for indirect costs, as defined in 2 CCR §200. 19, must be provided. The
letter must state what indirect costs are 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.
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.
DocuSign Envelope ID: E1CFA078-2AE8-4716-97C8-D69F7FA51C2F
Page 24
Public Works Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Ryan Barr, EI, Pavement Manager
Greg Muhonen, PE, Public Works Director
Date: July 13, 2021
RE: Contract Change Order for Sanderson Stewart for the Graves Avenue
Safe Routes to School Project
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Public Works staff is requesting the Town Board approve this change order on the
professional services contract with Sanderson Stewart for design and engineering of the
Graves Avenue Safe Routes to School (SRTS) project.
Present Situation:
In partnership with Sanderson Stewart, Public Works has conducted community
outreach seeking feedback on the conceptual designs for Graves Avenue. The gathered
information had mixed preferences; however, there was strong support and clear
advantages to constructing continuous sidewalk along both sides of Graves Avenue.
The original scope and fee negotiations with the consultant resulted in design services
for a sidewalk along one side of Graves Avenue. Given the community support and
advantages of installing sidewalk along both sides, the contract needs to be modified to
allow for the additional effort to develop designs and deliverables for both sides of the
road.
Proposal:
This change order is for Sanderson Stewart to design Graves Avenue with sidewalks on
both the north and south sides of the road, plus development of design deliverables for
the separate phases of construction. This is a scope change and increases the contract
amount over $100,000.
Page 25
Advantages:
• Designing two sidewalks is responsive to a significant amount of the feedback
received on this project.
• Providing two sidewalks has safety benefits that support the Safe Routes to School
program.
Disadvantages:
• Two sidewalks increases the costs of this project for design and construction.
• The construction is anticipated to be phased into two projects, which will delay final
completion of the corridor improvements.
Action Recommended:
The Board is asked to approve this change order so the design of the Graves Avenue
project may proceed.
Finance/Resource Impact:
Current Impact: 244-3400-434.35-60 1A Trail Expansion Fund, $42,210 additional
expenditure, $658,351 available project budget.
Future Impacts: This change order reduces the available budget for future construction
work on the project.
Level of Public Interest
Moderate. The Transportation Advisory Board has been receiving regular updates on
this project during their regular monthly meetings.
Sample Motion:
I move for the approval/denial of this change order on the professional services
contract with Sanderson Stewart for design and engineering of the Graves Avenue Safe
Routes to School (SRTS) project.
Attachments:
1. Contract Change Order No. 2
2. Change Order detail sheet
Page 26
CONTRACT CHANGE ORDER NO. 2
7/13/2021 Contractor Sanderson Stewart
Ryan Barr Address 425 West Mulberry Street, Suite 201
Graves Ave SRTS City State Zip Fort Collins, CO 80521
GRAVES
Instructions: Complete all sections with sufficient details. If not applicable insert "NA". Expand narrative space or attach additional pages as needed
1 Reason for change (narrative)
A During initial contract negotiations on the scope of work and fee schedule, the project's scope was modified with an expectation of only developing sidewalk along
one full side of Graves Ave (approximately 1250 LF). The public outreach process clarified the desire and benefits for sidewalk to be developed along both sides of
Graves Ave, and the selected conceptual design includes new sidewalk along the entire south side of Graves Ave, along with half of the north side (connect to existing
sidewalk). Therefore the project's scope of work and fee schedule need to incorporate the additional effort of designing and developing deliverables for both sides of
the street, plus the additional effort of generating separate sets of plans, specifications, and cost estimates for the separate phases of construction.
B Adding 15 days to the contract time to cover the additional time and effort. This also covers time associated with hosting an in-person conceptual design open house.
2a Description of change (narrative)
A Inserting $42,210.00 to the contract for development of design documents and deliverables for the additional side of the road. Actual tasks and associated hours are
as detailed in the attached change order detail sheet.
B Extending contract completion date until October 15, 2021.
2b NO. ITEM NO. ITEM DESCRIPTION
CURRENT
CONTRACT
QTY UNIT UNIT COST
CURRENT
ITEM COST
CHANGE
ORDER
QTY
CHANGE
ORDER AMT
ADJUSTED
ITEM COST
A Changes for Two Designs 0 LS -$ -$ 42210 42,210.00$ 42,210.00$
COSTS Original contract amount 97,854.00$
Change in contract costs previous change order/s #1,795.00$
Change in contract costs this change order 42,210.00$
Adjusted contract amount 141,859.00$
Percent change to contract costs (informational only)%
B TIME Original completion date 9/30/2021 date
Change in contract time previous change order/s #15 days
Change in contract time this change order 0 days
Adjusted completion date 10/15/2021 date
APPROVAL: This Change Order is accepted and the Contract is amended to conform thereto.
TOWN OF ESTES PARK CONTRACTOR
Approved by Project Manager Date Contractor signature Date
Approved by Engineering Manager Date Contractor title
Approved by Public Works Director Date TOWN SIGNATORY AUTHORITY THRESHOLDS
ENGINEERING MGR $30,000
DIRECTOR $50,000
Approved by Town Administrator Date TOWN ADMINISTRATOR $100,000
MAYOR/ BOARD >$100,000
Copies to: project file, Finance Dept, Town Clerk
Submitted by
Project name
Project#(funder & Town)
Date
ATTACHMENT 1
Page 27
ATTACHMENT 2
Page 28
TOWN CLERK’S OFFICE Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jackie Williamson, Town Clerk
Date: July 13, 2021
RE: Appointment of Patti Brown to the Community & Family Advisory Board for
a term expiring April 30, 2024
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER Appointment
QUASI-JUDICIAL YES NO
Objective:
To consider the appointment of Patti Brown to the Community and Family Advisory
Board.
Present Situation:
Community and Family Advisory Board Bylaws allow for 7-10 members on the board,
currently the board has 7 members. The Town Clerk’s Office advertised for positions on
the Board due to expiring terms. An additional application was received and the interview
committee, consisting of Mayor Koenig and Trustee Younglund conducted an interview
on June 18, 2021.
Proposal:
The interview committee recommends the appointment of Patti Brown to a term expiring
April 30, 2024, increasing membership to 8.
Patti Brown has lived in Estes Park for 9 months and has had an extensive career in
social work and a background in healthcare.
Advantages:
Appointing a member would exceed the minimum required membership and bring new
perspectives to the current board.
Disadvantages:
If the appointment is not made, membership would remain at the minimum or lower, if
any members resign.
Page 29
Action Recommended:
Appoint Patti Brown to the Community and Family Advisory Board for a term expiring
April 30, 2024.
Finance/Resource Impact:
None.
Level of Public Interest
Low.
Sample Motion:
I move to approve/deny the appointment of Patti Brown to the Community and Family
Advisory Board for a term expiring April 30, 2024.
Attachments:
None.
Page 30
TOWN CLERK’S OFFICE Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jackie Williamson, Town Clerk
Date: July 13, 2021
RE: Appointment of Christian Berry to the Parks Advisory Board for a term
expiring December 31, 2023
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER Appointment
QUASI-JUDICIAL YES NO
Objective:
To consider the appointment of Christian Berry to the Parks Advisory Board.
Present Situation:
The Town Clerk’s Office advertised for two vacant positions on the Board. One
application was received and the interview committee, consisting of Trustees Bangs and
Cenac, conducted an interview on June 25, 2021.
Proposal:
The interview committee recommends the appointment of Christian Berry to a term
expiring December 31, 2023.
Christian Berry has lived in Estes Park almost 2 years and has experience in land
preservation, stewardship, and invasive plants.
Advantages:
Filling the position would assist in completing the seven-member board.
Disadvantages:
If the appointment is not made, the position would remain vacant until additional
applications are received and interviews conducted.
Action Recommended:
Appoint Christian Berry to the Parks Advisory Board for a term expiring December 31,
2023.
Page 31
Finance/Resource Impact:
None.
Level of Public Interest
Low.
Sample Motion:
I move to approve/deny the appointment of Christian Berry to the Parks Advisory
Board for a term expiring December 31, 2023.
Attachments:
None.
Page 32
FINANCE DEPT Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Duane Hudson, Finance Director
Date: 7/13/2021
RE: Resolution 57-21, Supplemental Budget Appropriations #5 to the 2021
Budget
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Amend the budget to restore many of the temporary cost reductions stemming from the
April 28, 2020 COVID budget reductions and to consider other priority items not yet
included in the 2021 budget.
Present Situation:
As the 2021 budget was developed during the 2020 COVID-19 pandemic, the decision
was made to retain many of the April 2020 COVID reductions due to considerable
uncertainty with revenues and lingering impacts of the pandemic. As 2020 began to
draw to a close, it became apparent that sales tax revenue reductions had not been as
severe as initially expected, resulting in a healthy year end fund balance in the General
Fund. As discussed during the 2021 budget presentations, the remaining April 2020
COVID reductions not yet fully restored were to be reevaluated and prioritized during
the mid-term budget amendment process. This budget amendment restores many of
these remaining temporary reductions and includes a few new priority items as detailed
out on the accompanying listing (Attachment 3). Some of the more significant items are
explained below by Fund:
Sales Tax Revenues – Increase of $3,895,606
When the pandemic began in 2020, it was very unclear how severe the impact to the
local economy would be. As a result, sales tax estimates were scaled back significantly
in the April 2020 budget amendment. By the time the 2021 budget was under
development, the economy began to show signs of recovery but due to the remaining
uncertainty, the estimates included in the 2021 budget were still very conservative. The
initial sales tax revenue budgeted for 2021 was $1,879,628 less than the actual sales Page 33
tax collections for 2019. These estimates have now been reevaluated in light of actual
sales tax collections through April 2021.
Based upon current detailed analysis, the sales tax estimate has been revised,
reflecting a projected increase from 2019 of 11.2%. The revised sales tax projection is
$18,173,310 compared to the original 2021 budget of $14,277,704. In addition to the
recovering economy, this estimate includes increases from the 2019 sales taxes due to
online retailers. The State began collection of sales tax from online retailers late in
2019 so this accounts for a significant portion of the increase within certain categories.
Fund 2019
Actual
2020
Actual
2021 Original
Budget
2021 Mid-
Term Revision
General Fund 13,071,474 12,103,298 11,422,163 14,538,648
Emergency Response
Fund 81,696 75,647 71,389 90,867
Community Rec Center
Fund 816,967 756,456 713,885 908,665
Trails Expansion Fund 408,484 378,227 356,943 454,333
Street Fund 1,960,721 1,815,496 1,713,324 2,180,797
Total 16,339,342 15,129,124 14,277,704 18,173,310
Town wide – Increase of $265,388
As discussed during the 2021 budget worksessions and Town Board meetings,
employee compensation adjustments were reconsidered as part of this mid-term budget
amendment. After careful consideration of options, a one-time appreciation bonus is
being proposed for Town employees in recognition of their continued efforts in spite of
short staffing and other challenges in 2020 and 2021. If approved, full time staff would
receive a $1,500 appreciation bonus and part time staff would receive a pro-rated
amount. Seasonal employees who successfully complete their full employment term
would receive a $0.50/hour bonus up to $600. The impact to the General Fund would
be approximately $144,024 with a town wide impact of $265,388.
General Fund – Increase of $2,675,916
$114,018 in temporary COVID reductions are proposed to be restored, as detailed out
in the accompanying listing (Attachment 3). This increase also includes $144,024 for
the proposed employee appreciation bonus. One of the new items included is $38,500
for replacement of the aging body worn camera system for the Police Department. The
proposed contract with Axon includes new cameras and upgrading Tasers to the new
model that integrates with the cameras, as further explained in a following agenda item
to award the contract. The transfer to the Fire District increased $218,154 due to the
revised sales tax revenue estimate. A transfer to the Fleet Maintenance Fund in the
amount of $24,600 is proposed to cover restoration of COVID cuts. $75,000 is
proposed to transfer to Open Space to cover deferred grant revenues until such time
that they can be transferred back. The most significant increase is a $2,000,000
transfer to the Community Reinvestment Fund due to the De-Brucing ballot language as Page 34
presented in the past. $1,925,000 of this amount is expected to be transferred back to
the General Fund for eligible costs. The accompanying listing includes details for the
remaining items.
Community Reinvestment Fund – Increase of $2,123,000
$198,000 in a temporary COVID reduction is proposed to be restored to begin replacing
the Town Hall air conditioners. The remaining $1,925,000 is the increase in transfers to
the General Fund to cover eligible costs as explained above.
Emergency Response System – Increase of $14,960
This $14,960 increase is for a CDOT grant program received to replace the Emergency
Operations Center laptops. The grant is $9,960 with a $5,000 matching requirement.
Community Center Fund – Increase of $194,780
The transfer to the Estes Valley Recreation and Park District increased $194,780 due to
the revised sales tax revenue estimate.
Fleet Maintenance Fund - Increase of $30,074
$24,600 in a temporary COVID reduction is proposed to be restored, including $4,600
for training of mechanics and $20,000 for the Fleet Maintenance Facility. The remaining
$5,474 is for the employee appreciation bonus.
Information Systems Technology Fund – Increase of $15,825
Appropriations increase by $7,590 for the teleworking phone upgrade project partially
funded by a $5,740 CDOT grant. The remaining $8,235 is for the employee
appreciation bonus.
Proposal:
Staff is seeking approval of the budget resolution to approve these budget
amendments.
Advantages:
The Town will be able to restore operations as deemed appropriate and include some
other priority items.
Disadvantages:
None identified.
Action Recommended:
Staff recommends approval of the 2021 supplemental budget appropriation #5
resolution as presented.
Finance/Resource Impact:
The proposed General Fund budget decreases the expected usage of fund balance
from $3.4 million to just over $1.0 million. After reflecting this change, the General
Fund is currently projected to end 2021 with a 49.7% fund balance. Each fund is
expected to end with a positive fund balance as well.
Page 35
Level of Public Interest
Limited – no comments received.
Sample Motion:
I move for the approval/denial of Resolution 57-21 Supplemental Budget
Appropriations #5 for the year ended December 31, 2021.
Attachments:
1.Resolution 57-21 Supplemental Budget Appropriations # 5to the 2021 Budget.
2.Recaps of Proposed Budget Adjustments #5 and Supporting Documents Link
3.BA#5 – COVID Cut Restoration and New Item Summary
Page 36
RESOLUTION 57-21
SUPPLEMENTAL BUDGET APPROPRIATIONS # 5 TO THE 2021 BUDGET
WHEREAS, the Board of Trustees of the Town of Estes Park has adopted the
2021 annual budget in accordance with the Local Government Budget Law on
November 24th, 2020; and
WHEREAS, additional projects and activities have been identified that were not
known or included in the original annual budget; and
WHEREAS, it is not only required by law, but also necessary to appropriate the
revenues provided in the budget to and for the purposes described below, so as not to
impair the operations of the Town of Estes Park.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
That the appropriations for 2021 be increased by $5,162,209 for the funds
specified below and these amounts are hereby appropriated from additional revenue or
available fund balance of each fund.
Fund
#
Fund Name Existing
Appropriations
Amendment Amended
Appropriations
101 General Fund 21,888,342 2,675,916 24,564,258
204 Community Reinvestment Fund 3,141,750 2,123,000 5,264,750
211 Conservation Trust Fund 102,966 0 102,966
220 Larimer County Open Space Fund 1,956,129 1,022 1,957,151
236 Emergency Response System Fund 63,845 14,960 78,805
238 Community Center Fund 713,885 194,780 908,665
244 Trails Fund 3,038,294 700 3,038,994
256 Parking Services Fund 783,230 2,002 785,232
260 Street Fund 2,753,365 3,445 2,756,810
502 Light & Power Fund 39,575,588 59,794 39,635,382
503 Water Fund 32,481,393 40,691 32,522,084
606 Medical Insurance Fund 3,481,792 0 3,481,792
612 Fleet Maintenance Fund 1,316,276 30,074 1,346,350
625 Information Technology Fund 972,479 15,825 988,304
635 Vehicle Replacement Fund 450,693 0 450,693
645 Risk Management Fund 361,327 0 361,327
Total All Funds 113,081,354 5,162,209 118,243,563
ATTACHMENT 1
Page 37
DATED this ______ day of _____________, 2021.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Page 38
101 204 211 220 236 238 244 256 260
GENERAL FUND
COMMUNITY
REINVESTMENT
CONSERVATION
TRUST
LARIMER COUNTY
OPEN SPACE
EMERGENCY
RESPONSE
COMMUNITY
CENTER TRAILS PARKING SERVICES STREET
Revenues $23,551,018 $5,079,857 $33,300 $2,025,635 $101,027 $908,665 $2,456,078 $792,200 $2,223,797
Expenses 24,564,258 5,264,750 102,966 1,957,151 78,805 908,665 3,038,994 785,232 2,756,810
Net (1,013,240)(184,893)(69,666)68,484 22,222 0 (582,916)6,968 (533,013)
Estimated Beginning Fund Balance, 1/1/21 11,926,778 215,642 117,972 (59,836)112,436 1 903,689 43,028 1,802,980
Estimated Ending Fund Balance, 12/31/21 $10,913,539 $30,749 $48,306 $8,648 $134,658 $1 $320,773 $49,996 $1,269,967
Budgeted Reserves
Pkg Garage Maint Reserve 101-1700-417-37-99 36,000 - - - - - - - -
Nonspendable Prepaid Fund Bal & Restr Donations 248,771 - - - - - - - -
Policy 660 Fund Balance Reserves 5,362,685 - - - - - - - -
Total Reserved Fund Balance 5,647,456 - - - - - - - -
Unreserved Budgetary Fund Balance $5,266,082 $30,749 $48,306 $8,648 $134,658 $1 $320,773 $49,996 $1,269,967
502 503 606 612 625 635 645
POWER AND
COMMUNICATIONS WATER
MEDICAL
INSURANCE FLEET
INFORMATION
TECHNOLOGY
VEHICLE
REPLACEMENT
RISK
MANAGEMENT TOTAL
Revenues, As Amended $18,985,875 $27,766,472 $2,784,228 $791,707 $976,491 $509,386 $361,327 $89,347,063
Expenses, As Amended 39,635,382 32,522,084 3,481,792 1,346,350 988,304 450,693 361,327 118,243,563
Net (20,649,507)(4,755,612)(697,564)(554,643)(11,813)58,693 0 (28,896,500)
Estimated Beginning Fund Balance, 1/1/21 28,716,346 9,123,115 2,305,597 565,440 473,827 926,176 660 57,173,851
Estimated Ending Fund Balance, 12/31/21 $8,066,839 $4,367,503 $1,608,033 $10,797 $462,014 $984,869 $660 $28,277,352
Budgeted Reserves
Pkg Garage Maint Reserve 101-1700-417-37-99 - - - - - - - 36,000
Nonspendable Prepaid Fund Bal & Restr Donations - - - - - - - 248,771
Equipment Reserve 2,055,991 620,117 - - - 984,869 - 3,660,977
Policy 660 Fund Balance Reserves 4,085,035 1,159,104 1,048,194 - 200,000 - - 11,855,018
Total Reserved Fund Balance 6,141,026 1,779,221 1,048,194 - 200,000 984,869 - 15,800,766
Unreserved Budgetary Fund Balance $1,925,813 $2,588,283 $559,839 $10,797 $262,014 $0 $660 $12,476,586
TOWN OF ESTES PARK
BA#5 - 2021 BUDGET
RECAP OF PROPOSED BUDGET
ALL FUNDS
Dept #
2021 Adopted
Budget Amendment
2021 Amended
Budget
REVENUE
Taxes 12,771,362 3,116,485 15,887,847
Licenses and permits 705,893 - 705,893
Intergovernmental 1,432,073 2,700 1,434,773
Charges for services 636,201 - 636,201
Fines and forfeitures 33,000 - 33,000
Rental income 189,569 - 189,569
Investment income 124,000 - 124,000
Donations 39,300 - 39,300
Miscellaneous 160,406 - 160,406
Transfers-In from other funds 2,415,029 1,925,000 4,340,029
Sale of assets - - -
Financing Proceeds - - -
Total Revenues 18,506,833 5,044,185 23,551,018
EXPENDITURES
Legislative 1100 269,952 20,000 289,952
Attorney 1190 311,647 22,584 334,231
Judicial 1200 73,594 807 74,401
Town Administrator 1300 317,714 7,293 325,007
Town Clerk 1400 312,683 2,649 315,332
Finance 1500 598,691 7,557 606,248
Planning 1600 1,111,284 7,266 1,118,550
Facilities 1700 1,140,749 3,310 1,144,059
Human Resources 1800 269,574 25,614 295,188
Outside Entity Funding 1900 1,359,551 233,494 1,593,045
Police - Patrol 2100 4,112,685 75,559 4,188,244
Police - Communications 2155 1,031,810 15,340 1,047,150
Police - Comm Svc 2175 386,745 9,379 396,124
Police - Code Enforcement 2185 131,955 2,018 133,973
Building Safety 2300 546,736 808 547,544
Engineering 2400 377,789 3,230 381,019
Visitor Services 2600 509,430 6,461 515,891
Streets and Highways 3100 1,291,030 43,967 1,334,997
Parks 5200 1,081,588 62,040 1,143,628
Senior Center 5304 - - -
Special Events 5500 2,187,920 18,882 2,206,802
Transit 5600 989,955 3,214 993,169
Parking 5690 - - -
Museum 5700 419,403 4,844 424,247
Transfers Out 9000 3,055,857 2,099,600 5,155,457
Rounding - - -
Total Expenditures 21,888,342 2,675,916 24,564,258
Net Income (Loss)(3,381,509) 2,368,270 (1,013,240)
Beginning Fund Balance 11,926,778 - 11,926,778
Ending Fund Balance 8,545,269 2,368,270 10,913,539
TOWN OF ESTES PARK
BA#5 - 2021 BUDGET
SUMMARY BY DEPARTMENT
GENERAL FUND # 101
Dept #
2021 Adopted
Budget Amendment
2021 Amended
Budget
REVENUE
Taxes - - -
Licenses and permits - - -
Intergovernmental 750,000 - 750,000
Charges for services - - -
Fines and forfeitures - - -
Rental income - - -
Investment income 29,000 - 29,000
Donations - - -
Miscellaneous - - -
Transfers-In from other funds 2,300,857 2,000,000 4,300,857
Sale of assets - - -
Financing Proceeds - - -
Total Revenues 3,079,857 2,000,000 5,079,857
EXPENDITURES
Community Reinvestment Fund 5400 126,340 - 126,340
Capital Outlay 5400 1,694,409 198,000 1,892,409
Debt Service 6700 918,001 - 918,001
Transfers Out 9000 403,000 1,925,000 2,328,000
Rounding - - -
Total Expenditures 3,141,750 2,123,000 5,264,750
Net Income (Loss)(61,893) (123,000) (184,893)
Beginning Fund Balance 215,642 - 215,642
Ending Fund Balance 153,749 (123,000) 30,749
TOWN OF ESTES PARK
BA#5 - 2021 BUDGET
SUMMARY BY DEPARTMENT
COMMUNITY REINVESTMENT FUND # 204
Dept #
2021 Adopted
Budget Amendment
2021 Amended
Budget
REVENUE
Taxes - - -
Licenses and permits - - -
Intergovernmental 33,000 - 33,000
Charges for services - - -
Fines and forfeitures - - -
Rental income - - -
Investment income 300 - 300
Donations - - -
Miscellaneous - - -
Transfers-In from other funds - - -
Sale of assets - - -
Financing Proceeds - - -
Total Revenues 33,300 - 33,300
EXPENDITURES
Conservation Trust Fund 102,966 - 102,966
Rounding - - -
Total Expenditures 102,966 - 102,966
Net Income (Loss)(69,666) - (69,666)
Beginning Fund Balance 117,972 - 117,972
Ending Fund Balance 48,306 - 48,306
CONSERVATION TRUST FUND # 211
TOWN OF ESTES PARK
BA#5 - 2021 BUDGET
SUMMARY BY DEPARTMENT
Dept #
2021 Adopted
Budget Amendment
2021 Amended
Budget
REVENUE
Taxes - - -
Licenses and permits - - -
Intergovernmental 1,437,635 - 1,437,635
Charges for services - - -
Fines and forfeitures - - -
Rental income - - -
Investment income 8,000 - 8,000
Donations - - -
Miscellaneous - - -
Transfers-In from other funds 505,000 75,000 580,000
Sale of assets - - -
Financing Proceeds - - -
Total Revenues 1,950,635 75,000 2,025,635
EXPENDITURES
Open Space 4600 115,040 1,022 116,062
Capital Outlay 4600 1,631,089 - 1,631,089
Transfers Out 9000 210,000 - 210,000
Rounding - - -
Total Expenditures 1,956,129 1,022 1,957,151
Net Income (Loss)(5,494) 73,978 68,484
Beginning Fund Balance (59,836) - (59,836)
Ending Fund Balance (65,330) 73,978 8,648
TOWN OF ESTES PARK
BA#5 - 2021 BUDGET
SUMMARY BY DEPARTMENT
LARIMER COUNTY OPEN SPACE FUND # 220
Dept #
2021 Adopted
Budget Amendment
2021 Amended
Budget
REVENUE
Taxes 71,389 19,478 90,867
Licenses and permits - - -
Intergovernmental - 9,960 9,960
Charges for services - - -
Fines and forfeitures - - -
Rental income - - -
Investment income 200 - 200
Donations - - -
Miscellaneous - - -
Transfers-In from other funds - - -
Sale of assets - - -
Financing Proceeds - - -
Total Revenues 71,589 29,438 101,027
EXPENDITURES
Emergency Response System 3600 15,300 14,960 30,260
Debt Service 3600 48,545 - 48,545
Capital Outlay 3600 - - -
Transfers Out 9000 - - -
Rounding - - -
Total Expenditures 63,845 14,960 78,805
Net Income (Loss)7,744 14,478 22,222
Beginning Fund Balance 112,436 - 112,436
Ending Fund Balance 120,180 14,478 134,658
TOWN OF ESTES PARK
BA#5 - 2021 BUDGET
SUMMARY BY DEPARTMENT
EMERGENCY RESPONSE SYSTEM FUND # 236
Dept #
2021 Adopted
Budget Amendment
2021 Amended
Budget
REVENUE
Taxes 713,885 194,780 908,665
Licenses and permits - - -
Intergovernmental - - -
Charges for services - - -
Fines and forfeitures - - -
Rental income - - -
Investment income - - -
Donations - - -
Miscellaneous - - -
Transfers-In from other funds - - -
Sale of assets - - -
Financing Proceeds - - -
Total Revenues 713,885 194,780 908,665
EXPENDITURES
Community Center 3800 713,885 194,780 908,665
Transfers Out 9000 - - -
Rounding - - -
Total Expenditures 713,885 194,780 908,665
Net Income (Loss)- - -
Beginning Fund Balance 1 - 1
Ending Fund Balance 1 - 1
SUMMARY BY DEPARTMENT
COMMUNITY CENTER FUND # 238
TOWN OF ESTES PARK
BA#5 - 2021 BUDGET
Dept #
2021 Adopted
Budget Amendment
2021 Amended
Budget
REVENUE
Taxes 356,943 97,390 454,333
Licenses and permits - - -
Intergovernmental 1,818,706 - 1,818,706
Charges for services - - -
Fines and forfeitures - - -
Rental income - - -
Investment income 3,000 - 3,000
Donations - - -
Miscellaneous 180,039 - 180,039
Transfers-In from other funds - - -
Sale of assets - - -
Financing Proceeds - - -
Total Revenues 2,358,688 97,390 2,456,078
EXPENDITURES
Trails Expansion Operations 3400 33,327 700 34,027
Capital Outlay 3400 3,004,967 - 3,004,967
Transfers Out 9000 - - -
Rounding - - -
Total Expenditures 3,038,294 700 3,038,994
Net Income (Loss)(679,606) 96,690 (582,916)
Beginning Fund Balance 903,689 - 903,689
Ending Fund Balance 224,083 96,690 320,773
TOWN OF ESTES PARK
BA#5 - 2021 BUDGET
SUMMARY BY DEPARTMENT
TRAILS EXPANSION FUND # 244
Dept #
2021 Adopted
Budget Amendment
2021 Amended
Budget
REVENUE
Taxes - - -
Licenses and permits 4,000 - 4,000
Intergovernmental - - -
Charges for services 771,105 - 771,105
Fines and forfeitures 17,095 - 17,095
Rental income - - -
Investment income - - -
Donations - - -
Miscellaneous - - -
Transfers-In from other funds - - -
Sale of assets - - -
Financing Proceeds - - -
Total Revenues 792,200 - 792,200
EXPENDITURES
Parking Services Operations 5690 759,996 2,002 761,998
Capital Outlay 5690 23,234 - 23,234
Transfers Out 9000 - - -
Rounding - - -
Total Expenditures 783,230 2,002 785,232
Net Income (Loss)8,970 (2,002) 6,968
Beginning Fund Balance 43,028 - 43,028
Ending Fund Balance 51,998 (2,002) 49,996
BA#5 - 2021 BUDGET
SUMMARY BY DEPARTMENT
PARKING SERVICES FUND # 256
TOWN OF ESTES PARK
Dept #
2021 Adopted
Budget Amendment
2021 Amended
Budget
REVENUE
Taxes 1,713,324 467,473 2,180,797
Licenses and permits - - -
Intergovernmental - - -
Charges for services - - -
Fines and forfeitures - - -
Rental income - - -
Investment income 43,000 - 43,000
Donations - - -
Miscellaneous - - -
Transfers-In from other funds - - -
Sale of assets - - -
Financing Proceeds - - -
Total Revenues 1,756,324 467,473 2,223,797
EXPENDITURES
Street Improvement Operations 2000 800,241 3,445 803,686
Capital Outlay 2000 1,953,124 - 1,953,124
Transfers Out 9000 - - -
Rounding - - -
Total Expenditures 2,753,365 3,445 2,756,810
Net Income (Loss)(997,041) 464,028 (533,013)
Beginning Fund Balance 1,802,980 - 1,802,980
Ending Fund Balance 805,939 464,028 1,269,967
TOWN OF ESTES PARK
BA#5 - 2021 BUDGET
SUMMARY BY DEPARTMENT
STREET IMPROVEMENT FUND # 260
Dept #
2021 Adopted
Budget Amendment
2021 Amended
Budget
REVENUE
Taxes - - -
Licenses and permits - - -
Intergovernmental - - -
Charges for services 18,638,875 - 18,638,875
Fines and forfeitures - - -
Rental income - - -
Investment income 241,000 - 241,000
Donations 10,000 - 10,000
Miscellaneous 96,000 - 96,000
Transfers-In from other funds - - -
Sale of assets - - -
Financing Proceeds - - -
Total Revenues 18,985,875 - 18,985,875
EXPENDITURES
Source of Supply 6100 8,218,997 - 8,218,997
Distribution 6301 4,630,381 40,143 4,670,524
Customer Accounts 6401 568,897 7,589 576,486
Admin & General 6501 2,350,429 10,722 2,361,151
Debt Service 6700 1,828,726 - 1,828,726
Broadband 6900 571,437 1,340 572,777
Capital Outlay 7001 19,736,692 - 19,736,692
Transfers Out 6600 1,670,029 - 1,670,029
Rounding - - -
Total Expenditures 39,575,588 59,794 39,635,382
Net Income (Loss)(20,589,713) (59,794) (20,649,507)
Beginning Fund Balance 28,716,346 - 28,716,346
Ending Fund Balance 8,126,633 (59,794) 8,066,839
TOWN OF ESTES PARK
BA#5 - 2021 BUDGET
SUMMARY BY DEPARTMENT
POWER AND COMMUNICATIONS FUND # 502
Dept #
2021 Adopted
Budget Amendment
2021 Amended
Budget
REVENUE
Taxes - - -
Licenses and permits - - -
Intergovernmental 8,916,000 - 8,916,000
Charges for services 6,206,272 - 6,206,272
Fines and forfeitures - - -
Rental income - - -
Investment income 166,000 - 166,000
Donations - - -
Miscellaneous 45,200 - 45,200
Transfers-In from other funds - - -
Sale of assets 265,000 - 265,000
Financing Proceeds 12,168,000 - 12,168,000
Total Revenues 27,766,472 - 27,766,472
EXPENDITURES
Source of Supply 6100 123,000 - 123,000
Purification 6200 1,105,177 5,118 1,110,295
Distribution 6300 2,081,266 22,930 2,104,196
Customer Accounts 6400 366,518 5,797 372,315
Admin & General 6500 960,453 6,846 967,299
Debt Service 6700 391,836 - 391,836
Capital Outlay 7000 27,321,143 - 27,321,143
Transfers Out 6600 132,000 - 132,000
Rounding - - -
Total Expenditures 32,481,393 40,691 32,522,084
Net Income (Loss)(4,714,921) (40,691) (4,755,612)
Beginning Fund Balance 9,123,115 - 9,123,115
Ending Fund Balance 4,408,194 (40,691) 4,367,503
SUMMARY BY DEPARTMENT
WATER FUND # 503
TOWN OF ESTES PARK
BA#5 - 2021 BUDGET
Dept #
2021 Adopted
Budget Amendment
2021 Amended
Budget
REVENUE
Taxes - - -
Licenses and permits - - -
Intergovernmental - - -
Charges for services 100,000 - 100,000
Fines and forfeitures - - -
Rental income - - -
Investment income 27,000 - 27,000
Donations - - -
Miscellaneous 2,657,228 - 2,657,228
Transfers-In from other funds - - -
Sale of assets - - -
Financing Proceeds - - -
Total Revenues 2,784,228 - 2,784,228
EXPENDITURES
Medical Insurance Fund Operations 4200 3,481,792 - 3,481,792
Rounding - - -
Total Expenditures 3,481,792 - 3,481,792
Net Income (Loss)(697,564) - (697,564)
Beginning Fund Balance 2,305,597 - 2,305,597
Ending Fund Balance 1,608,033 - 1,608,033
TOWN OF ESTES PARK
BA#5 - 2021 BUDGET
SUMMARY BY DEPARTMENT
MEDICAL INSURANCE FUND # 606
Dept #
2021 Adopted
Budget Amendment
2021 Amended
Budget
REVENUE
Taxes - - -
Licenses and permits - - -
Intergovernmental 300,800 - 300,800
Charges for services 459,307 - 459,307
Fines and forfeitures - - -
Rental income - - -
Investment income 7,000 - 7,000
Donations - - -
Miscellaneous - - -
Transfers-In from other funds - 24,600 24,600
Sale of assets - - -
Financing Proceeds - - -
Total Revenues 767,107 24,600 791,707
EXPENDITURES
Fleet Maintenance 4300 423,276 10,074 433,350
Capital Outlay 7000 893,000 20,000 913,000
Rounding - - -
Total Expenditures 1,316,276 30,074 1,346,350
Net Income (Loss)(549,169) (5,474) (554,643)
Beginning Fund Balance 565,440 - 565,440
Ending Fund Balance 16,271 (5,474) 10,797
FLEET MAINTENANCE FUND # 612
TOWN OF ESTES PARK
BA#5 - 2021 BUDGET
SUMMARY BY DEPARTMENT
Dept #
2021 Adopted
Budget Amendment
2021 Amended
Budget
REVENUE
Taxes - - -
Licenses and permits - - -
Intergovernmental 15,000 5,740 20,740
Charges for services 950,751 - 950,751
Fines and forfeitures - - -
Rental income - - -
Investment income 5,000 - 5,000
Donations - - -
Miscellaneous - - -
Transfers-In from other funds - - -
Sale of assets - - -
Financing Proceeds - - -
Total Revenues 970,751 5,740 976,491
EXPENDITURES
IT Operations 2500 887,379 15,825 903,204
Capital Outlay 2500 85,100 - 85,100
Transfers Out 9000 - - -
Rounding - - -
Total Expenditures 972,479 15,825 988,304
Net Income (Loss)(1,728) (10,085) (11,813)
Beginning Fund Balance 473,827 - 473,827
Ending Fund Balance 472,099 (10,085) 462,014
INFORMATION SYSTEMS TECHNOLOGY FUND # 625
TOWN OF ESTES PARK
BA#5 - 2021 BUDGET
SUMMARY BY DEPARTMENT
Dept #
2021 Adopted
Budget Amendment
2021 Amended
Budget
REVENUE
Taxes - - -
Licenses and permits - - -
Intergovernmental - - -
Charges for services 508,736 - 508,736
Fines and forfeitures - - -
Rental income - - -
Investment income 650 - 650
Donations - - -
Miscellaneous - - -
Transfers-In from other funds - - -
Sale of assets - - -
Financing Proceeds - - -
Total Revenues 509,386 - 509,386
EXPENDITURES
Fleet Replacement Operations 3500 - - -
Capital Outlay 7000 450,693 - 450,693
Transfers Out 9000 - - -
Rounding - - -
Total Expenditures 450,693 - 450,693
Net Income (Loss)58,693 - 58,693
Beginning Fund Balance 926,176 - 926,176
Ending Fund Balance 984,869 - 984,869
TOWN OF ESTES PARK
BA#5 - 2021 BUDGET
SUMMARY BY DEPARTMENT
VEHICLE REPLACEMENT FUND # 635
Dept #
2021 Adopted
Budget Amendment
2021 Amended
Budget
REVENUE
Taxes - - -
Licenses and permits - - -
Intergovernmental - - -
Charges for services 361,327 - 361,327
Fines and forfeitures - - -
Rental income - - -
Investment income - - -
Donations - - -
Miscellaneous - - -
Transfers-In from other funds - - -
Sale of assets - - -
Financing Proceeds - - -
Total Revenues 361,327 - 361,327
EXPENDITURES
Risk Management Operations 4100 361,327 - 361,327
Rounding - - -
Total Expenditures 361,327 - 361,327
Net Income (Loss)- - -
Beginning Fund Balance 660 - 660
Ending Fund Balance 660 - 660
TOWN OF ESTES PARK
BA#5 - 2021 BUDGET
SUMMARY BY DEPARTMENT
RISK MANAGEMENT FUND # 645
General Fund
Community
Reinvestment Fund Total
Total Revenues 23,551,018 5,079,857 28,630,875
Less:
Capital Grants (One time funds)553,266 750,000 1,303,266
Transfers between GF & CRF 2,328,000 4,300,857 6,628,857
2,881,266 5,050,857 7,932,123
Net Ongoing Revenues 20,669,752 29,000 20,698,752
Total Expenditures 24,564,258 5,264,750 29,829,008
Less:
Transfers between GF & CRF 4,300,857 2,328,000 6,628,857
Less One Time Expenditures:
Contingencies 250,000 - 250,000
Parking Garage Maintenance Reserve 12,000 - 12,000
Comprehensive Plan 300,000 - 300,000
CIP - Downtown Wayfinding 2021 - 142,268 142,268
Community Drive Intersection Project - 1,552,141 1,552,141
Facility Needs Study - 101,791 101,791
Town Hall AC Unit Replacement - 198,000 198,000
Event Center Roof/Grandstand Roof 101-5500-455-25-02 20,000 - 20,000
Visitor Center External Doors 101-2600-426-32-22 55,000 - 55,000
Electric Trolley #2 454,370 - 454,370
Community Initiative Funding 101-1900-419-91-47 35,000 35,000
1,126,370 1,994,200 3,120,570
Net Ongoing Expenditures 19,137,031 942,550 20,079,581
Net Ongoing Rev vs Exp 1,532,722 (913,550) 619,172
TOWN OF ESTES PARK
BA#5 - 2021 BUDGET
GENERAL & COMMUNITY REINVESTMENT FUNDS
ONGOING REVENUES VS ONGONG EXPENDITURES
General Fund
Comm
Reinvestment
Fund Total
Fund Balance 10,913,539$ 30,749$ 10,944,288$
Reserves to Exclude
Parking Garage Maintenance Reserve 36,000 - 36,000
Prepaids and Restricted Donations Estimate 248,771 - 248,771
284,771 - 284,771
Fund Balance Subject to Reserve Calculation 10,628,768 30,749 10,659,517
Total Expenditures 24,564,258 5,264,750 29,829,008
Less Transfers Out Between GF & CRF 4,300,857 2,328,000 6,628,857
Net Expenditures 20,263,401 2,936,750 23,200,151
Less Capital Expenditures
CIP - Downtown Wayfinding 2020 - 142,268 142,268
Community Drive Intersection - 1,552,141 1,552,141
Visitor Center External Door Replacement 55,000 - 55,000
Total Capital to Exclude 55,000 1,694,409 1,749,409
Total Expenditures Subject to Reserve Calculation 20,208,401$ 1,242,341$ 21,450,742$
Projected Reserve Ratio as of 12-31-2021 52.6%2.5%49.7%
TOWN OF ESTES PARK
BA#5 - 2021 BUDGET
GENERAL & COMMUNITY REINVESTMENT FUNDS
FUND BALANCE RESERVE RATIO
Fund Account #
Project
Code Project Descr Grant Program / Grantor
Federal /
State /
Other
2021 Grants /
Loans Adopted Amendment
2021 Amended
Grants & Loans
101 101-0000-333.20-00 N/A COVID-19 SS CREDIT CARES Act F -$ -$ -$
101 101-0000-334.20-00 WILL17 Willow Knolls Historic Historic Preservation S - - -
101 101-1300-334.20-00 CENS20 Census 2020 Grant Larimer County S - - -
101 101-1600-334.20-00 EVLTGT EV Land Trust Grant GOCO S 66,000 - 66,000
101 101-1600-334.20-00 COMPPL Comp Plan Grant DOLA S 150,000 - 150,000
101 101-1900-333.00-00 COVWRK COVID-19 CARES Act CARES Act F - - -
101 101-1900-334.20-00 COVBUS Colorado Small Business Relief Program State of Colorado S 200,000 - 200,000
101 101-2100-334.20-00 CDOT
High Visibility Enforcement (Seatbelt and DUI
Checkpoints)State of Colorado S 5,000 - 5,000
101 101-2100-334.20-00 PDPOST PD Post Grants State of Colorado S 820 - 820
101 101-2100-334.20-00 PDPOST PD Post Grants State of Colorado S 7,000 - 7,000
101 101-2100-334.20-00 LEAF LEAF State of Colorado S 5,436 - 5,436
101 101-2175-334.20-00 LPTOP2 Restorative Justice Remote Conferencing Tech CDOT-RMS Grant S - 2,700 2,700
101 101-3100-333.00-00 5CATC Flood Recovery Grant FEMA F - - -
101 101-3100-334.20-00 *SIGNS Revitalizing Main St Program CDOT F 45,173 - 45,173
101 101-5500-334.20-00 *WINTR Revitalizing Main St Program CDOT S 50,000 - 50,000
101 101-5600-333.00-00 ELTRL2 Electric Trolley #2 CDOT F 403,266 - 403,266
101 101-5600-333.00-00 ELTROL Electric Trolley #1 CDOT F - - -
101 101-5600-333.00-00 COVTRN COVID-19 Transit Operations CARES Act F 77,605 - 77,605
101 101-5700-334.20-00 N/A DeAccession Clerk Institute of Museum & Library Svc O - - -
101 101-5700-334.40-00 *FDGRN Oral History Grant Greenwood Foundation Grant O - - -
101 Total 1,010,300 2,700 1,013,000
204 204-0000-333.00-00 COMMDR Community Drive Intersection CDOT F 750,000 - 750,000
204 204-0000-334.30-00 ELKPAV Elkhorn Paving CDOT S - - -
204 Total 750,000 - 750,000
220 220-0000-333.00-00 FRTR3 Fall River Trail Phase 3
Dept of Interior - Nat'l Park
Service F 302,336 - 302,336
220 220-0000-333.00-00 FRTR2A Fall River Trail Phase 2A Recreation Trail Grant Program F 244,073 - 244,073
220 220-0000-334.10-00 THUMB Thumb Open Space Acquisition GOCO S - - -
220 220-0000-334.10-00 PICNIC Big Thompson River Picnic Area (Pkg Gar)GOCO S 45,000 - 45,000
220 220-0000-334.30-00 FRTR3 Fall River Trail Phase 3 EV Parks and Rec District O - - -
220 220-0000-334.30-00 FRTR1B Fall River Trail Phase 1B MTF M405-026 S 448,226 - 448,226
220 220-0000-334.30-00 THUMB Thumb Open Space Acquisition Access Fund O - - -
220 220-0000-334.30-00 THUMB Thumb Open Space Acquisition EV Land Trust O - - -
220 220-0000-334.30-00 ROCK Climbing Rock Big Thompson River Picnic Area Visit Estes Park O 50,000 - 50,000
220 Total 1,089,635 - 1,089,635
236 236-0000-334.20-00 LPTOP3 Police EOC Computer Repl CDOT-RMS Grant S - 9,960 9,960
236 Total - 9,960 9,960
TOWN OF ESTES PARK
BA#5 - 2021 BUDGET
SUMMARY OF BUDGETED GRANT & LOAN REVENUES
ALL FUNDS
Fund Account #
Project
Code Project Descr Grant Program / Grantor
Federal /
State /
Other
2021 Grants /
Loans Adopted Amendment
2021 Amended
Grants & Loans
TOWN OF ESTES PARK
BA#5 - 2021 BUDGET
SUMMARY OF BUDGETED GRANT & LOAN REVENUES
ALL FUNDS
244 244-0000-333.00-00 BRODIE Brodie Trail Extension Safe Routes to School F - - -
244 244-0000-333.00-00 GRAVES Graves Ave Trail Grant Safe Routes to School F 500,000 - 500,000
244 244-0000-333.00-00 FRTR1A Fall River Trail Phase 1A TAP M405-025 F 955,000 - 955,000
244 244-0000-334.40-00 FRTR3 Fall River Trail Phase 3 Rocky Mnt Conservancy O 120,039 - 120,039
244 244-0000-334.30-00 FRTR2B Fall River Trail Phase 2B Colorado the Beautiful S 363,706 - 363,706
244 244-0000-334.40-00 FRTR2B Fall River Trail Phase 2B EV Parks and Rec District O 50,000 - 50,000
244 244-0000-334.40-00 FRTR2B Fall River Trail Phase 2B Larimer County Dept of Nat Res O 10,000 - 10,000
244 Total 1,998,745 - 1,998,745
256 256-0000-334.20-00 *EVPLN Electric Vehicle Infrastructure Plan DOLA - EIAF S - - -
256 Total - - -
503 503-0000-333.00-00 PMLOAN Prospect Mtn Water Dist Waterline USDA Grant F 6,547,000 - 6,547,000
503 503-0000-333.00-00 GCDOVE GC Disinfection Outreach & Verification Effort USDAGrant F 2,369,000 - 2,369,000
503 503-0000-388.40-00 PMLOAN Prospect Mtn Water Dist Waterline USDA Loan F 7,675,000 - 7,675,000
503 503-0000-388.40-00 GCDOVE GC Disinfection Outreach & Verification Effort USDA Loan F 4,493,000 - 4,493,000
503 503-0000-388.40-00 Hwy 34 to VISTA Water Main USDA Loan F - - -
503 503-0000-388.40-00 PEMPWC Park Entrance Water District USDA Loan F - - -
503 Total 21,084,000 - 21,084,000
612 612-0000-333.00-00 ELTRCH Trolly Charging Station CDOT Grant F 300,800 - 300,800
612 Total 300,800 - 300,800
625 625-0000-334.20-00 HOTSPT Wireless Hotspot Grant S 5,000 - 5,000
625 625-0000-334.20-00 PHONES Phone System Upgrade CDOT-RMS S - 5,740 5,740
625 625-0000-334.20-00 LPTOP1 Laptop Grant CDOT CanDo Program S 10,000 - 10,000
625 Total 15,000 5,740 20,740
Grand Total 26,248,480$ 18,400$ 26,266,880$
Project Name/Description Project
Code ACCOUNT NUMBER ACCOUNT DESCRIPTION 2021 Adopted
Projects
BA#5 - 2021
BUDGET
Amendment
2021 Amended
Projects
WILLOW KNOLLS LEGACY PROJECT WILL17 101-1300-413.31-13 LAND IMPROVEMENTS 1,064$ -$ 1,064$
DOCUMENT MANAGEMENT SOFTWARE & EQUIP DOCMGT 101-1400-414.37-01 SOFTWARE 32,194 - 32,194
EV LAND TRUST OS & OUTDOOR REC PLAN EVLTGT 101-1600-416.22-13 CONTRACT/SKILLED SVCS 6,044 - 6,044
COMPREHENSIVE LAND USE PLAN COMPPL 101-1600-416.22-13 CONTRACT/SKILLED SVCS 300,000 - 300,000
FLEET/STREETS ROOF FLROOF 101-1700-417.32-22 BUILDING REMODELING - - -
TOWN HALL WINDOWS (CD & BS SIDE)THWIND 101-1700-417.32-22 BUILDING REMODELING - - -
PD ROOF REPLACEMENT PDROOF 101-1700-417.32-22 BUILDING REMODELING - - -
PUBLIC RESTROOM REMODEL - MORAINE MOREST 101-1700-417.32-22 BUILDING REMODELING - - -
CONFERENCE CENTER PORTE COCHERE CCPORT 101-1700-417.32-22 BUILDING REMODELING - - -
COBB-MACDONALD CABIN RE-ROOF *CBNRF 101-5700-457.32-22 BUILDING REMODELING 15,000 - 15,000
PARKING GARAGE MAINTENANCE RESERVE NA 101-1700-417.37-99 MAINTENANCE RESERVE 12,000 - 12,000
COVID SMALL BUSINESS RELIEF COVBUS 101-1900-419.91-55 COVID19 ECON ASSISTANCE 200,000 - 200,000
COMMUNITY WILDFIRE PROTECTION PLAN WILDFR 101-1900-419-91-42 EV WATER COALITION 10,000 15,340 25,340
RESTORATIVE JUSTICE REMOTE CONFERENCING TECH LPTOP2 101-2175-421.XX-XX
DATA PROCESSING EQUIPMENT &
MEMBER DUES/SUBSCRIPTIONS - 3,280 3,280
VISITOR CENTER MAIN DOOR REPLACEMENT VCDOOR 101-2600-426.32-22 BUILDING REMODELING 55,000 - 55,000
FRONT END LOADER (BI-ANNUAL TRADE IN)LOADER 101-3100-431.34-43 VEHICLES/HEAVY EQUIPMENT - - -
VARIABLE MESSAGE SIGNS (CDOT COVID GRANT)*SIGNS 101-3100-431.34-98 OTHER MACHINERY/EQUIPMENT 8,587 - 8,587
ASPEN DR DRAINAGE ASPDRN 101-3100-431.35-53 STORM DRAINAGE - - -
2 BOBCATS (ANNUAL TRADE IN)BOBCAT 101-5200-452.33-98 OTHER EQUIPMENT - - -
COVID OUTDOOR WINTERIZATON EQUIPMENT *WINTR 101-5500-455.24-01 EQUIPMENT 24,790 - 24,790
EVENT CENTER ACOUSTIC IMPROVEMENT ECACST 101-5500-455.33-31 FURNITURE/FIXTURES - - -
ELECTRIC TROLLEY #1 ELTROL 101-5600-456.34-42 VEHICLES/TRUCKS - - -
ELECTRIC TROLLEY #2 - 2ND GRANT ELTRL2 101-5600-456.34-42 VEHICLES/TRUCKS 454,370 - 454,370
MUSEUM SECURITY CAMERAS MUSECC 101-5700-457.33-31 FURNITURE/FIXTURES - - -
*TOTAL GENERAL FUND 1,119,049 18,620 1,137,669
*
TOWN OF ESTES PARK
BA#5 - 2021 BUDGET
SCHEDULE OF BUDGETED PROJECTS
ALL FUNDS
Project Name/Description Project
Code ACCOUNT NUMBER ACCOUNT DESCRIPTION 2021 Adopted
Projects
BA#5 - 2021
BUDGET
Amendment
2021 Amended
Projects
TOWN OF ESTES PARK
BA#5 - 2021 BUDGET
SCHEDULE OF BUDGETED PROJECTS
ALL FUNDS
TOWN WIDE FACILITIES SPACE NEEDS STUDY *SPACE 204-5400-544.22-98 PROF SVCS - OTHER 101,791 - 101,791
MUSEUM COLLECTIONS AND RESEARCH FACILITY MUSCOL 204-5400-544.32-22 BUILDINGS - - -
EVENT CENTER STALL BARN FLOOR LEVELING SBLEVL 204-5400-544.32-22 BUILDINGS - - -
TOWN HALL AC UNIT REPLACEMENT ACUNIT 204-5400-544.33-31 FURNITURE/FIXTURES - 198,000 198,000
BOARD ROOM AV REPLACEMENT AVBDRM 204-5400-544.33-98 EQUIPMENT-OTHER - - -
COMMUNITY DR INTERSECTION CONSTRUCTION CDINTR 204-5400-544.35-51 STREETS 1,338,244 - 1,338,244
COMMUNITY DR ENGINEERING DESIGN COMMDR 204-5400-544.35-51 STREETS 213,897 - 213,897
ELKHORN MILL & FILL - 34/36 TO MORAINE ELKPAV 204-5400-544.35-51 STREETS - - -
DOWNTOWN WAYFINDING PROJECT WAYFND 204-5400-544.35-63 WAYFINDING SIGNAGE 142,268 - 142,268
*TOTAL COMMUNITY REINVESTMENT FUND 1,796,200 198,000 1,994,200
*
THUMB OPEN SPACE ACQUISITION THMBGO 211-5900-459.31-11 LAND 70,000 - 70,000
THUMB OPEN SPACE PARKING IMPROVEMENTS THMBPK 211-5900-459.35-61 PARK IMPROVEMENTS 19,000 - 19,000
*TOTAL CONSERVATON TRUST FUND 89,000 - 89,000
*
SCOTT PONDS (CARRIAGE HILLS) DAM CDBGCH 220-4600-462.22-02 ENGINEERING - - -
FISH CREEK TRAIL 11CATG 220-4600-462.22-02 WALKWAYS & BIKEWAYS - - -
THUMB OPEN SPACE ACQUISITION THMBGO 220-4600-462.31-11 LAND 582,600 - 582,600
BRODIE TRAIL EXTENSION BRODIE 220-4600-462.35-60 WALKWAYS & BIKEWAYS 59,623 - 59,623
CIP-PARKS IRRIG SYSTEM BASE LINE CONTROLLERS PRKIRR 220-4600-462.35-61 PARK IMPROVEMENTS - - -
BIG THOMPSON RIVER PICNIC AREA (PKG GAR PAVILION) (GOCO PICNIC 220-4600-462.35-61 PARK IMPROVEMENTS 51,000 - 51,000
THUMB OS - GATE ON CURRY DRIVE THGATE 220-4600-462.35-61 PARK IMPROVEMENTS 16,000 - 16,000
THUMB OS - KIOSK & SIGNS THKIOS 220-4600-462.35-61 PARK IMPROVEMENTS 6,500 - 6,500
THUMB OS - TRAIL IMPROVEMENTS THTIMP 220-4600-462.35-61 PARK IMPROVEMENTS 40,000 - 40,000
CLIMBING ROCK BIG THOMPSON RIVER PICNIC AREA ROCK 220-4600-462.35-61 PARK IMPROVEMENTS 50,000 - 50,000
FALL RIVER TRAIL PHASE 1B (MTF GRANT)FRTR1B 220-4600-462.36-60 FALL RIVER TRAIL IMPR 626,890 - 626,890
FALL RIVER TRAIL PHASE 3 FRTR3 220-4600-462.36-60 FALL RIVER TRAIL IMPR 44,556 - 44,556
FALL RIVER TRAIL PHASE 2A FRTR2A 220-4600-462.36-60 FALL RIVER TRAIL IMPR 153,920 - 153,920
*TOTAL LARIMER COUNTY OPEN SPACE FUND 1,631,089 - 1,631,089
*
POLICE EOC COMPUTER REPL LPTOP3 236-3600-436.26-33 DATA PROCESSING EQUIPMENT - 14,960 14,960
RADIO REPLACEMENT PROJECT 19RADO 236-3600-436.33-36 COMMUNICATION EQUIPMENT - - -
*TOTAL EMERGENCY RESPONSE SYSTEM FUND - 14,960 14,960
*
Project Name/Description Project
Code ACCOUNT NUMBER ACCOUNT DESCRIPTION 2021 Adopted
Projects
BA#5 - 2021
BUDGET
Amendment
2021 Amended
Projects
TOWN OF ESTES PARK
BA#5 - 2021 BUDGET
SCHEDULE OF BUDGETED PROJECTS
ALL FUNDS
BRODIE TRAIL EXTENSION BRODIE 244-3400-434.35-60 WALKWAYS & BIKEWAYS 95,369 - 95,369
GRAVES AVE TRAIL (SRT SCHOOL GRANT PROJECT)GRAVES 244-3400-434.35-60 WALKWAYS & BIKEWAYS 783,000 - 783,000
FALL RIVER TRAIL FRTRL 244-3400-434.36-60 FALL RIVER TRAIL IMPR 100,000 - 100,000
FALL RIVER TRAIL PHASE 1A (TAP GRANT)FRTR1A 244-3400-434.36-60 FALL RIVER TRAIL IMPR 1,193,750 - 1,193,750
FALL RIVER TRAIL PHASE 2B FRTR2B 244-3400-434.36-60 FALL RIVER TRAIL IMPR 559,558 - 559,558
FALL RIVER TRAIL PHASE 3 FRTR3 244-3400-434.36-60 FALL RIVER TRAIL IMPR 273,290 - 273,290
*TOTAL TRAILS FUND 3,004,967 - 3,004,967
*
EV INFRASTRUCTURE PLAN *EVPLN 256-5690-569.22-13 CONTRACT/SKILLED SERVICES - - -
MISCELLANEOUS DATA PROCESSING EQUIP EQUIP 256-5690-569.33-33 DATA PROCESSING EQUIPMENT 3,200 - 3,200
PARKING SERVICE SOFTWARE & EQUIP PKSOFT 256-5690-569.33-33 DATA PROCESSING EQUIPMENT 20,034 - 20,034
*TOTAL PARKING SERVICES FUND 23,234 - 23,234
BRODIE AVE IMPROVEMENTS BRODIE 260-2000-420.35-51 STREETS 81,462 - 81,462
CLEAVE STREET MAJOR REHAB CLEAVE 260-2000-420.35-51 STREETS 68,345 - 68,345
4TH STREET MAJOR REHAB 4STLR 260-2000-420.35-51 STREETS 2,318 - 2,318
3RD STREET MAJOR REHAB 3STLR 260-2000-420.35-51 STREETS 604,200 - 604,200
OVERLAY PROGRAM 2020 OVRLAY 260-2000-420.35-51 STREETS 604,594 - 604,594
PARKING LOT REHABILITATION PARKLT 260-2000-420.35-52 PARKING LOT 206,215 - 206,215
FLAP/RAMP ESTIMATED COSTS FLAP 260-2000-420.36-60 FED GRANT - FLAP 385,990 - 385,990
*TOTAL STREET FUND 1,953,124 - 1,953,124
*
TRAILBLAZER BROADBAND OFFICE TBNBND 502-7001-580.32-21 BUILDINGS 514,975 - 514,975
REPAVE PARKING LOT AT WOODSTOCK FACILITY TBNBND 502-7001-580.32-22 BUILDING REMODELING 50,000 - 50,000
WOODSTOCK FACILITY LANDSCAPING TBNBND 502-7001-580.32-22 BUILDING REMODELING 25,000 - 25,000
WOODSTOCK OFFICE FURNITURE TBFURN 502-7001-580.33-32 FURNITURE/FIXTURES 75,174 - 75,174
UTILITY PLOTTER / PRINTER PLOTR 502-7001-580.33-32 FURNITURE/FIXTURES 6,500 - 6,500
METERS ELMTR 502-7001-580.33-34 METERS 150,000 - 150,000
TRANSFORMER PURCHASES TRANSF 502-7001-580.33-35 TRANSFORMERS 50,000 - 50,000
HWY 7 TRIP SAVERS TRANSF 502-7001-580.33-35 TRANSFORMERS 50,000 - 50,000
SMART METER PURCHASES SMRTEL 502-7001-580.33-36 COMMUNICATION EQUIPMENT 70,000 - 70,000
NONSPECIFIC EQUIPMENT EQUIP 502-7001-580.33-41 TOOLS 15,000 - 15,000
2 REEL TRAILERS - #93370 & 93371 REELTR 502-7001-580.33-98 OTHER EQUIPMENT 48,000 - 48,000
SIDE BY SIDE WITH TRACKS 93389C 502-7001-580.33-98 OTHER EQUIPMENT 35,000 - 35,000
BACKYARD MACHINE BYMACH 502-7001-580.33-98 OTHER EQUIPMENT 6,620 - 6,620
Project Name/Description Project
Code ACCOUNT NUMBER ACCOUNT DESCRIPTION 2021 Adopted
Projects
BA#5 - 2021
BUDGET
Amendment
2021 Amended
Projects
TOWN OF ESTES PARK
BA#5 - 2021 BUDGET
SCHEDULE OF BUDGETED PROJECTS
ALL FUNDS
L&P FORK LIFT REPLACEMENTS - 93387A 93387A 502-7001-580.34-42 TRUCKS 27,048 - 27,048
L&P FORK LIFT REPLACEMENT 93388A 93388A 502-7001-580.34-42 TRUCKS 10,463 - 10,463
FORD F-550 REPLACEMENT #93327 93327A 502-7001-580.34-42 TRUCKS 200,000 - 200,000
INTERNATIONAL 7400 REPLACEMENT #93325B 93325C 502-7001-580.34-42 TRUCKS 249,065 - 249,065
TRAILBLAZER F-350 TBNBND 502-7001-580.34-42 TRUCKS - - -
TRAILBLAZER BUCKET TRUCK 93343 502-7001-580.34-42 TRUCKS - - -
STREET LIGHTING, POLES & FIXTURES LIGHTS 502-7001-580.35-55 STREET LIGHTS 40,000 - 40,000
CARRIAGE HILLS CAHILL 502-7001-580.35-57 POWER LINE CONSTRUCTION - - -
SMART FUSES (INTELLIRUPTER & TRIP SAVERS)SMTFUS 502-7001-580.35-57 POWER LINE CONSTRUCTION 152,084 - 152,084
LINE REBUILD 2020 LRBLDS 502-7001-580.35-57 POWER LINE CONSTRUCTION 400,000 - 400,000
NEW SERVICE CONNECTIONS WOKEXT 502-7001-580.35-59 CUSTOMER SERVICE LINES 968,430 - 968,430
SMART GRID FIBER OPTIC INSTALL SMTFBR 502-7001-580.35-66 FIBER OPTIC INSTALL 28,186 - 28,186
TRAILBLAZER BROADBAND CONSTRUCTION TBNBND 502-7001-580.35-66 FIBER OPTIC INSTALL 16,431,740 - 16,431,740
GIS MAPPING IMPROVEMENTS GIS18 502-7001-580.37-01 SOFTWARE DEVELOPMENT 114,907 - 114,907
UTILITY BILLING MODERNIZATON PROJECT UBPRTL 502-7001-580.37-01 SOFTWARE DEVELOPMENT 25,000 - 25,000
*TOTAL POWER & COMMUNICATIONS FUND 19,743,192 - 19,743,192
Project Name/Description Project
Code ACCOUNT NUMBER ACCOUNT DESCRIPTION 2021 Adopted
Projects
BA#5 - 2021
BUDGET
Amendment
2021 Amended
Projects
TOWN OF ESTES PARK
BA#5 - 2021 BUDGET
SCHEDULE OF BUDGETED PROJECTS
ALL FUNDS
*
GLACIER CREEK WTP - DISCHARGE OUT STRUCTURE GCDSCH 503-7000-580.32-22 BUILDING REMODELING - - -
BROOK DRIVE WATER SHOP REMODEL (KEARNEY SHOP)KEARNY 503-7000-580.32-22 BUILDING REMODELING 169,249 - 169,249
GCWTP ENGINEERING FOR INTAKE & PLANT IMPR GCTRET 503-7000-580.32-22 BUILDING REMODELING 1,650,000 - 1,650,000
GC DISINFECTION OUTREACH AND VERIFICATION EFFORT GCDOVE 503-7000-580.32-22 BUILDING REMODELING 465,932 - 465,932
BROOK DRIVE WATER SHOP FURNITURE & FIXT KEARNY 503-7000-580.33-31 FURNITURE/FIXTURES 25,315 - 25,315
GENERAL OFFICE EQUIPMENT REPLACEMENT EQUIP 503-7000-580.33-32 OFFICE EQUIPMENT 6,000 - 6,000
UTILITY PLOTTER / PRINTER PLOTR 503-7000-580.33-32 FURNITURE/FIXTURES 6,500 - 6,500
WONDERWARE SOFTWARE WONDER 503-7000-580.33-33 DATA PROCESSING EQUIPMENT 19,000 - 19,000
METER REPLACEMENT PROJECT SMRTW 503-7000-580.33-34 METERS 659,813 - 659,813
SCADA UPGRADES AT GLACIER WTP GPSCAD 503-7000-580.33-36 COMMUNICATION EQUIPMENT 289,732 - 289,732
SCADA RADIO & ANTENNA REPLACMENT EQUIP 503-7000-580.33-36 COMMUNICATION EQUIPMENT - - -
MISC COMM EQUIP EQUIP 503-7000-580.33-36 COMMUNICATION EQUIPMENT 50,393 - 50,393
VARIOUS LAB EQUIPMENT REPL EQUIP 503-7000-580.33-37 LABORATORY EQUIPMENT 16,000 - 16,000
VARIOUS PURIFICATION EQUIP REPL EQUIP 503-7000-580.33-40 PURIFICATION EQUIPMENT 34,000 - 34,000
CONFINED SPACE ENTRY EQUIPMENT WTTOOL 503-7000-580.33-41 TOOLS 15,000 - 15,000
SAFETY EQUIP (TRENCH BOXES AND SPEED SHORING EQUIP)WTTOOL 503-7000-580.33-41 TOOLS 10,000 - 10,000
SAFETY EQUIP WTTOOL 503-7000-580.33-41 TOOLS 25,000 - 25,000
LEAK CORRELATOR EQUIP LEAKCO 503-7000-580.33-98 OTHER EQUIPMENT - - -
EXCAVATOR & SKID STEER ANNUAL TRADE-INS EQUIP 503-7000-580.33-98 OTHER EQUIPMENT 7,500 - 7,500
DROP DECK TRAILER DROPDK 503-7000-580.34-42 TRUCKS - - -
60 SERIES MINI EXCAVATOR MINEXC 503-7000-580.34-42 TRUCKS - - -
TRUCK FOR ADDITIONAL CREW 90315 503-7000-580.34-42 TRUCKS 32,000 - 32,000
344 LOADER 90382 503-7000-580.34-42 TRUCKS 104,759 - 104,759
JOBSITE UTV 90383 503-7000-580.34-42 TRUCKS 20,000 - 20,000
FORKLIFT 90384 503-7000-580.34-42 TRUCKS 50,000 - 50,000
2011 FORD F-350 UNIT 9037A REPL 9037B 503-7000-580.34-42 TRUCKS 62,471 - 62,471
2007 FORD F-150 UNIT 90311A REPL 90311B 503-7000-580.34-42 TRUCKS 30,319 - 30,319
PRV VAULT METERING PRVMTR 503-7000-580.35-54 WATER SYSTEM - - -
PEMPWCo SYSTEM DESIGN & CONSTRUCTION PEMPWC 503-7000-580.35-54 WATER SYSTEM - - -
PROSPECT MTN WATER DIST - LOAN IMPROVEMENTS PMLOAN 503-7000-580.35-54 WATER SYSTEM 10,650,862 - 10,650,862
MORAINE BRIDGE SOUTH - WATER MOBS17 503-7000-580.35-54 WATER SYSTEM - - -
PRESSURE REDUCTION VALVE/METERING PRVLM 503-7000-580.35-54 WATER SYSTEM - - -
SCHOOL NEW SVC LINE SCHOOL 503-7000-580.35-54 WATER SYSTEM - - -
Project Name/Description Project
Code ACCOUNT NUMBER ACCOUNT DESCRIPTION 2021 Adopted
Projects
BA#5 - 2021
BUDGET
Amendment
2021 Amended
Projects
TOWN OF ESTES PARK
BA#5 - 2021 BUDGET
SCHEDULE OF BUDGETED PROJECTS
ALL FUNDS
18" MAIN VALVE INSTALLATIONS 18VALV 503-7000-580.35-54 WATER SYSTEM 120,000 - 120,000
NCWCD MUNICIPAL SUBDISTRICT INCLUSIONS NCWCD 503-7000-580.35-54 WATER SYSTEM 63,000 - 63,000
GLACIER CREEK WTP INTAKE ENGINEERING GCINTK 503-7000-580.35-54 WATER SYSTEM 120,000 - 120,000
CIP ROCKWELL/WEST RIVERSIDE DR 16" MAIN ROCKWL 503-7000-580.35-54 WATER SYSTEM 117,320 - 117,320
CIP BUREAU AREA PHASE 3 WTBRP3 503-7000-580.35-54 WATER SYSTEM 524,367 - 524,367
CIP BUREAU AREA PHASE 4 WTBRP4 503-7000-580.35-54 WATER SYSTEM 650,000 - 650,000
CIP BIG THOMPSON AVE (HWY 34) MAIN BTHOMP 503-7000-580.35-54 WATER SYSTEM - - -
MALL ROAD-HWY36 CROSSING MALL36 503-7000-580.35-54 WATER SYSTEM - - -
1360 BROOK DRIVE WATER SHOP WATERLINE (KEARNEY SHOP)KEARNY 503-7000-580.35-54 WATER SYSTEM 39,950 - 39,950
PARKING STRUCTURE WATERLINE PKGWTR 503-7000-580.35-54 WATER SYSTEM 100,000 - 100,000
BIG HORN DR WATER MAIN REPL BHWTRM 503-7000-580.35-54 WATER SYSTEM 315,694 - 315,694
SPRUCE DRIVE WATER MAIN REPL SPWTRM 503-7000-580.35-54 WATER SYSTEM 295,496 - 295,496
DEVILS GULCH WATER LINE EXTENSION DEVEXT 503-7000-580.35-54 WATER SYSTEM 12,000 - 12,000
GC DISINFECTION OUTREACH AND VERIFICATION EFFORT GCDOVE 503-7000-580.35-54 WATER SYSTEM 10,044,000 - 10,044,000
CARRIAGE DRIVE WATER MAIN REPL CAHILL 503-7000-580.35-54 WATER SYSTEM 271,079 - 271,079
UTILITY MASTER PLAN WTRMPL 503-7000-580.35-62 UT SYSTEM MASTER PLAN 30,000 - 30,000
WTR RISK ASSESSMT & EMERG RESPONSE PLAN UPDATE WTREMG 503-7000-580.35-62 UT SYSTEM MASTER PLAN 98,874 - 98,874
GIS WORK WTRGIS 503-7000-580.37-01 SOFTWARE DEVELOPMENT 25,721 - 25,721
LAB MGT/OVERALL DATA MGT SOFTWARE WLSOFT 503-7000-580.37-01 SOFTWARE DEVELOPMENT - - -
UTILITY BILLING MODERNIZATON PROJECT UBPRTL 503-7000-580.37-01 SOFTWARE DEVELOPMENT 5,000 - 5,000
CIP USA WATER RIGHTS WITH BOR WTRRBR 503-7000-580.37-10 WATER RIGHTS 48,797 - 48,797
WATER RIGHT ACQUISITION/RENEWAL WTRRIT 503-7000-580.37-10 WATER RIGHTS 40,000 - 40,000
*TOTAL WATER FUND 27,321,143 - 27,321,143
*
PURCH WATER SHOP FOR NEW FLEET MAINT FAC FLSHOP 612-7000-610.32-21 BUILDINGS 265,000 - 265,000
DESIGN FOR REMODEL OF WATER SHOP FOR PW FLSHOP 612-7000-610.32-22 BUILDING REMODELING 252,000 20,000 272,000
ELECTRIC TROLLEY FACILITY & CHG STATION ELTRCH 612-7000-610.32-22 BUILDING REMODELING 376,000 - 376,000
*TOTAL FLEET MAINTENANCE FUND 893,000 20,000 913,000
*
Project Name/Description Project
Code ACCOUNT NUMBER ACCOUNT DESCRIPTION 2021 Adopted
Projects
BA#5 - 2021
BUDGET
Amendment
2021 Amended
Projects
TOWN OF ESTES PARK
BA#5 - 2021 BUDGET
SCHEDULE OF BUDGETED PROJECTS
ALL FUNDS
LAPTOP COMPUTERS LPTOP1 625-2500-425.26-33 DATA PROCESSING EQUIPMENT 15,000 - 15,000
PHONE SYSTEM UPGRADE PHONES 625-2500-425.26-46 COMMUNICATION EQUIPMENT - 7,590 7,590
WIRELESS HOTSPOT GRANT HOTSPT 625-2500-425.33-36 COMMUNICATION EQUIPMENT 6,100 - 6,100
NEW NETWORK SERVER NETWRK 625-2500-425.33-98 OTHER EQUIPMENT 44,000 - 44,000
NEW NETWORK SWITCHES / WIFI COMPONENTS NETWRK 625-2500-425.33-98 OTHER EQUIPMENT 10,000 - 10,000
NAS/BACKUP COMPONENTS NETWRK 625-2500-425.33-98 OTHER EQUIPMENT 20,000 - 20,000
VERIZON ROUTER REPLACEMENT NETWRK 625-2500-425.33-98 OTHER EQUIPMENT - - -
EDGE ROUTER REPLACEMENT NETWRK 625-2500-425.33-98 OTHER EQUIPMENT 5,000 - 5,000
IT REMOTE ACCESS SOFTWARE (BONGAR)NETWRK 625-2500-425.37-01 SOFTWARE - - -
*TOTAL INFORMATION TECHNOLOGY FUND 100,100 7,590 107,690
*
POLICE G-106A 2004 FORD EXPLORER G-106A 635-7000-435.34-42 TRUCKS - - -
POLICE G-155 CRUISER G-155 635-7000-435.34-42 TRUCKS - - -
POLICE NEW UNIT FOR NEW OFFICER POSITION G-153 635-7000-435.34-42 TRUCKS 8,649 - 8,649
POLICE CRUISER G-98A G-98B 635-7000-435.34-42 TRUCKS 21,068 - 21,068
POLICE CRUISER G-140A G-140A 635-7000-435.34-42 TRUCKS 60,000 - 60,000
STREETS -NEW STREET SWEEPER COMBINE G116A & G97B G116A 635-7000-435.34-42 TRUCKS 248,526 - 248,526
PARKS G-66B G66C 635-7000-435.34-42 TRUCKS 42,000 - 42,000
FLEET G-61 G61A 635-7000-435.34-42 TRUCKS 70,450 - 70,450
*TOTAL VEHICLE REPLACEMENT FUND 450,693 - 450,693
*
*TOTAL PROJECT RECAP 58,124,791$ 259,170$ 58,383,961$
TOWN OF ESTES PARK
BA#5 - COVID CUT RESTORATION AND NEW ITEM SUMMARY
July 13, 2021 Town Board Meeting
Index #Fund Fund Name Department Division Description Type
Requested
Funding
Recommended
Funding Ongoing One Time
New 101 General Fund Various Various Flat Rate Appreciation Bonus including taxes One Time 144,024 144,024 - 144,024
COVID CUT **101 General Fund Legislative
Reduced development / workforce housing permit
subsidy pool Ongoing 20,000 20,000 20,000 -
New 101 General Fund Attorney Additional funding for special counsel One Time 20,000 20,000 - 20,000
New 101 General Fund Town Admin
Worforce Housing Verification MOU with EP
Housing Authority Ongoing 5,000 5,000 5,000 -
COVID CUT **101 General Fund Town Clerk Human Resources Reinstate Home Ownership Program Ongoing 25,000 25,000 25,000 -
New 101 General Fund Outside Entity Funding
Community Wildfire Protection Plan - cover
shortfall One Time 15,340 15,340 - 15,340
New 101 General Fund Outside Entity Funding
Increase Fire District transfer based on new sales
tax revenue estimates Ongoing 218,154 218,154 218,154 -
New 101 General Fund Police Patrol
Combined Taser & Body Camera Contract with
Axon Year One $38,312, $59,000/yr for next 4 years
(current taser contract $6,951 for 2021)Ongoing 38,500 38,500 38,500 -
New 101 General Fund Police Comm Svcs
Restorative Justice Computer Grant - $2,700 CDOT-
RMS Grant awarded and accepted One Time 3,280 3,280 - 3,280
COVID CUT **101 General Fund Public Works Streets Vacuum truck rental Ongoing 16,900 16,900 16,900 -
COVID CUT **101 General Fund Public Works Streets
Streets - Concrete program / Municiple lot by
Library Ongoing 2,000 2,000 2,000 -
New 101 General Fund Public Works Streets Guardrail repairs One Time 12,545 8,000 - 8,000
New 101 General Fund Public Works Parks
Park Theater area on Riverwalk - $4,000 temp
walkway when bridge was closed & $5,862 repairs
to Theater brick work due to bridge project One Time 10,000 10,000 - 10,000
COVID CUT **101 General Fund Public Works Parks
Fill vacant parks maint worker III until 2021
(amount includes taxes & benefits)Ongoing 45,868 45,868 45,868 -
COVID CUT **101 General Fund Public Works Parks Postpone stump grinder rental to 2021 Ongoing 3,000 3,000 3,000 -
COVID CUT **101 General Fund Public Works Parks Backflow Prevention certification One Time 1,250 1,250 - 1,250
New 101 General Fund Transfers
Transfer funding to Fleet Maint Fund to restore
COVID cuts to training & fleet shop One Time 24,600 24,600 - 24,600
New 101 General Fund Transfers
Transfer funding to Open Space fund to cover
deferred grant revenues One Time 75,000 75,000 - 75,000
New 101 General Fund Transfers
Transfer estimated sales taxes to CRF per the De-
Brucing ballot language One Time 2,000,000 2,000,000 - 2,000,000
COVID CUT **204 Comm Reinvest Fund Public Works Facilities Town Hall VRF Phase 1 (Air Conditioners)One Time 198,000 198,000 - 198,000
New 204 Comm Reinvest Fund Transfers
Transfer excess funding back to the GF for use on
qualified operations per the De-Brucing ballot
language One Time 1,925,000 1,925,000 - 1,925,000
New 220 Open Space Public Works Various Flat Rate Appreciation Bonus including taxes One Time 1,022 1,022 - 1,022
New 236 Emergency Response Police
EOC Computer Replacement CDOTRMS Grant
awarded and accepted - $9,960 One Time 14,960 14,960 - 14,960
New 238
Community Center
Fund Finance
Increase Estes Valley Rec & Park District transfer
based on new sales tax revenue estimates Ongoing 194,780 194,780 194,780 -
New 244 Trails Exp Public Works Various Flat Rate Appreciation Bonus including taxes One Time 700 700 - 700
PROPOSED FOR 2021 MID-TERM BUDGET AMENDMENT
ATTACHMENT 3
Page 39
TOWN OF ESTES PARK
BA#5 - COVID CUT RESTORATION AND NEW ITEM SUMMARY
July 13, 2021 Town Board Meeting
Index #Fund Fund Name Department Division Description Type
Requested
Funding
Recommended
Funding Ongoing One Time
PROPOSED FOR 2021 MID-TERM BUDGET AMENDMENT
New 256 Parking Public Works Transit Flat Rate Appreciation Bonus including taxes One Time 2,002 2,002 - 2,002
New 260 Street Imprv Public Works Streets Flat Rate Appreciation Bonus including taxes One Time 3,445 3,445 - 3,445
New 502 P&C Utilities P&C Flat Rate Appreciation Bonus including taxes One Time 59,794 59,794 - 59,794
New 503 Water Utilities Water Flat Rate Appreciation Bonus including taxes One Time 40,691 40,691 - 40,691
New 612 Fleet Maint Fund Public Works Fleet Flat Rate Appreciation Bonus including taxes One Time 5,474 5,474 - 5,474
COVID CUT **612 Fleet Maint Fund Public Works Fleet Restore conference and Professional Dev Training Ongoing 4,600 4,600 4,600 -
COVID CUT **612 Fleet Maint Fund Public Works Fleet
Additional design costs for Retrofit of Water Shop
for new Fleet Maint Facility One Time 20,000 20,000 - 20,000
New 625 IT Fund IT Phones Grant - $5,740 grant awarded One Time 7,590 7,590 - 7,590
New 625 IT Fund IT IT Flat Rate Appreciation Bonus including taxes One Time 8,235 8,235 - 8,235
TOTAL INCLUDED IN BA#5 5,166,754 5,162,209 573,802 4,588,407
New 260 Street Imprv Public Works Streets
Move Payment Marking back to the GF from Street
Fund One Time (55,000)
New 101 General Fund Public Works Streets
Move Payment Marking back to the GF from Street
Fund Ongoing 55,000
COVID CUT **101 General Fund Public Works parks Reduce hiring seasonal staff from 16 to 8 for 2020 Ongoing 78,635
COVID CUT **101 General Fund Public Works parks
Postpone Lucity work order system for another
year One Time 4,000
94 101 General Fund Town Clerk Laserfiche Process Improvement One Time 21,500
CIP 159 612 Fleet Maint Fund Public Works Fleet Trolley Facility and Charging Station 2021 One Time 75,200
3 101 General Fund
Community
Development Planning
Planner I - fill vacant position - Repl with Contract
Labor Ongoing 69,725
New 101 General Fund Public Works Engineering US 34 Corridor Study - (engineering 22-02)One Time 100,000
COVID CUT **101 General Fund Community Services Events
Defer the event center acoustic improvement
project One Time 60,000
26 101 General Fund Community Services Visitor Services
Restore Visitor Services Seasonal Staff Budget
(COVID Cut)Ongoing 30,000
COVID CUT **101 General Fund Community Services Events Defer barn stall leveling project One Time 61,800
COVID CUT **101 General Fund Legislative
Reduced Town Board/Mayor’s contingency fund to
$10,000 Ongoing 15,000
86 101 General Fund Museum Birch Walkway extension 2 One Time 4,000
TO BE CONSIDERED IN 2022 BUDGET
Page 40
TOWN OF ESTES PARK
BA#5 - COVID CUT RESTORATION AND NEW ITEM SUMMARY
July 13, 2021 Town Board Meeting
Index #Fund Fund Name Department Division Description Type
Requested
Funding
Recommended
Funding Ongoing One Time
PROPOSED FOR 2021 MID-TERM BUDGET AMENDMENT
40 101 General Fund Community Services Events
Restore Marketing Expense Budget to Promote
Restored Events Ongoing 13,000
32 101 General Fund Community Services Events Increase Event Center Promotion Exp Ongoing 15,000
36 101 General Fund Community Services Events Jazz Festival Ongoing 13,200
24 101 General Fund Community Services Visitor Services
Restore Visitor Services Maintenance Budget
(COVID Cut)Ongoing 5,000
42 101 General Fund Community Services Visitor Services
Restore Retail Purchases for Resale at the Visitor
Center Ongoing -
92 101 General Fund Museum Museum Annex Foundation One Time 110,000
90 101 General Fund Museum Museum Annex Building Upgrades One Time 130,000
COVID CUT **101 General Fund Museum
Defer collections facility planning (funded by
Museum Friends)One Time 73,720
49 101 General Fund Police Communication 1 New Emergency Services Dispatcher Ongoing 89,290
COVID CUT **101 General Fund Police Communications
Reduce computers and training - 2021 requested
budget is sufficient Ongoing 6,500
COVID CUT **101 General Fund Police
Community Svc /
Restor Justice
Reduce supplies and computer equip - 2021
requested budget is sufficient Ongoing 3,000
51 101 General Fund Police Patrol 1 New Police Officer / & Sergeant Promotion Ongoing 129,735
51 101 General Fund Police Patrol 1 New Police Officer / & Sergeant Promotion One Time 66,000
COVID CUT **101 General Fund Police Patrol
Reduced computers to be replaced - 2021
requested budget is sufficient Ongoing 15,000
COVID CUT **101 General Fund Public Works Transit Delay start to transit season to July 1, 2021 Ongoing 63,929
COVID CUT **101 General Fund Public Works Transit Eliminate hiring 1 transit seasonal Ongoing 9,329
COVID CUT **101 General Fund Town Clerk Human Resources Remove 2020 Leadership Team Training event One Time 10,000
NOT INCLUDED
Page 41
Page 42
POLICE DEPARTMENT Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Eric Rose, Captain
Date: July 13, 2021
RE: Resolution 58-21 Approving a Master Services and Purchase Agreement
with Axon Enterprise Inc. for Body Worn Cameras and Taser 7 System
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Improved Accountability/Improved officer safety/Improved reliability/Compliance with Colorado
SB 217 by transitioning to Axon Body Worn Camera and Taser 7 System.
Present Situation:
Our current Panasonic system is increasingly degrading in reliability, we are currently
implementing a battery change strategy for our existing cameras. We have experienced battery
charging longevity issues with many of our body cams. We are also experiencing data loss and
video download issues, as of late IT has spent a significant amount of time repairing our
operating software issues.
Initially Panasonic systems were reliable and affordable. We established an onsite storage
system, which required minimal maintenance. In recent years multiple issues have produced an
overall lack of confidence in the system by both IT and PD personnel.
Additionally, Panasonic video editing software provides challenges. The editing software has not
kept pace with industry standard. Records personnel experience redaction limitations and data
loss. The need for simple editing software is essential.
With the ever-growing demand of body camera usage to meet community expectations, and to
fulfill the requirements within the new Colorado Legislature (SB 217, 2020/2023), an upgrade to
our body worn camera system is imperative.
Proposal:
We currently contract with Axon Enterprises which provides our Conducted Electrical Weapon
(Taser) system. Tasers are an alternative to the use of physical force restraining techniques. If
the situation warrants use, the Taser provides our officers and citizens a safe and effective
method for effecting an arrest. Page 43
Axon is the recognized leader in Taser and Body camera systems with an extensive record of
reliability. Our partner agencies currently using the Axon body camera system in Larimer County
include; Larimer County Sheriff’s Office, Ft Collins Police Services, Loveland Police
Department, and Colorado State University, each agency reports dependable equipment and
excellent technical service. Compatibility with our partner agencies will provide collaborative
training opportunities in the future.
Advantages:
The significant features Axon Body Camera systems provide are;
Auto on proximity- when an officer is recording as other officers arrive within proximity their
camera will auto activate and begin recording.
Vehicle exit auto record, when an officer exits a vehicle for service.
Adjustable to view traffic infractions (eliminates need for dash cams)
Holster draw auto record, anytime officer unholsters a weapon or Taser the camera will auto
record.
Live stream viewing, can be viewed remotely (Dispatch, Command Post, or anywhere with
wireless access)
GPS mapping tracks officer’s location, can be viewed for reporting and officer safety, (Dispatch,
Command Post, or anywhere with wireless access)
Instant review and reporting ability for officer on wireless device.
Citizen evidence application, can add any photos of videos captured by witnesses to the secure
evidence server for preservation.
Easy to use editing software with automatic recognition, this allows for swift video editing for
video release, to DA and Public.
Axon system stores data offsite which is managed by Axon IT group and provides technical
support, this will greatly reduce our IT group assistance (IT can use time for other projects).
Service agreement for returns and repairs are covered, contract provides full camera system
replacement every two years
Disadvantages:
None
Action Recommended:
Staff recommends approval of Resolution 58-21.
Finance/Resource Impact:
101-2100-421-26-46 Appropriation-$38,500 2021 Cost-$38,312
This is a five year contract to lock in the prices for new Tasers and Body Worn
Camera’s, online video/audio file storage, and the warranty/replacement program. The
Page 44
contract has been reviewed by Town Attorney Kramer. The following table reflects this
full obligation:
Year Annual Cost
2021 38,312.05
2022 58,645.50
2023 58,645.50
2024 58,645.50
2025 58,645.50
Total $272,894.05
Level of Public Interest
A high level of public interest in regards to Body Worn Camera and video evidence. It
has become apparent that a more reliable system for video evidence release is
necessary, requests are increasing for courts, defendant representatives and public
inquiries. There is also a high level of interest in the use of safe less lethal options for
aggressive encounters officers may face performing their duties.
Recommended Motion:
Staff recommends approval of Resolution 58-21.
Attachments:
1.Resolution 58-21
2.Contract Agreement Link
Page 45
RESOLUTION 58-21
APPROVING A MASTER SERVICES AND PURCHASE AGREEMENT WITH AXON
ENTERPRISE INC. FOR AXON BODY WORN CAMERAS AND TASER 7 SYSTEM
WHEREAS, Axon Enterprise Inc. developed a quote for the Estes Park Police
Department to license their Body Worn Cameras and Taser 7 System; and
WHEREAS, the Town Board wishes to enter the agreement referenced in the
title of this resolution for the purposes of enhancing public safety and promoting police
accountability in compliance with the regulations of Colorado S.B. 217.
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 quote and master
services and purchase agreement referenced in the title of this resolution in
substantially the form now before the Board.
DATED this day of , 2021.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
ATTACHMENT 1
Page 46
Master Services and Purchasing Agreement
Title: Master Services and Purchasing Agreement between Axon and Agency
Department: Legal
Version: 12.0
Release Date: 12/18/2020 Page 1 of 16
This Master Services and Purchasing Agreement (“Agreement”) is between Axon Enterprise, Inc., a Delaware
corporation (“Axon”), and the agency on the Quote (“Agency”). This Agreement is effective as of the later of the
(a) last signature date on this Agreement or (b) signature date on the Quote (“Effective Date”). Axon and Agency
are each a “Party” and collectively “Parties”. This Agreement governs Agency’s purchase and use of the Axon
Devices and Services detailed in the Quote Appendix (“Quote”). It is the intent of the Parties that this Agreement
act as a master agreement governing all subsequent purchases by Agency for the same Axon products and services
in the Quote, and all such subsequent quotes accepted by Agency shall be also incorporated into this Agreement
by reference as a Quote. The Parties therefore agree as follows:
1 Definitions.
“Axon Cloud Services” means Axon’s web services for Axon Evidence, Axon Records, Axon Dispatch,
and interactions between Evidence.com and Axon Devices or Axon client software. Axon Cloud Service
excludes third-party applications, hardware warranties, and my.evidence.com.
“Axon Device” means all hardware provided by Axon under this Agreement.
“Quote” means an offer to sell and is only valid for devices and services on the quote at the specified prices.
Any terms within Agency’s purchase order in response to a Quote will be void. Orders are subject to prior
credit approval. Changes in the deployment estimated ship date may change charges in the Quote.
Shipping dates are estimates only. Axon is not responsible for typographical errors in any offer by Axon,
and Axon reserves the right to cancel any orders resulting from such errors.
“Services” means all services provided by Axon under this Agreement, including software, Axon Cloud
Services, and professional services.
2 Term. This Agreement begins on the Effective Date and continues until all subscriptions hereunder have
expired or have been terminated (“Term”).
All subscriptions including Axon Evidence, Axon Fleet, Officer Safety Plans, Technology Assurance Plans,
and TASER 7 plans begin after shipment of the applicable Axon Device. If Axon ships the Axon Device in
the first half of the month, the start date is the 1st of the following month. If Axon ships the Axon Device in
the second half of the month, the start date is the 15th of the following month. For purchases solely of Axon
Evidence subscriptions, the start date is the Effective Date. Each subscription term ends upon completion
of the subscription stated in the Quote (“Subscription Term”).
Upon completion of the Subscription Term, the Subscription Term will automatically renew for an additional
5 years (“Renewal Term”). For purchase of TASER 7 as a standalone, Axon may increase pricing to its
then-current list pricing for any Renewal Term. For all other purchases, Axon may increase pricing on all
line items in the Quote up to 3% at the beginning of each year of the Renewal Term. New devices and
services may require additional terms. Axon will not authorize services or cause Agency to incur any
charges relating to the Renewal Term until Axon receives a signed Quote or accepts a purchase order,
whichever is first, and only to the extent provided in such signed Quote or purchase order.
3 Payment. Axon invoices upon shipment. Payment is due net 30 days from the invoice date. Payment
obligations are non-cancelable. Agency will pay invoices without setoff, deduction, or withholding. If Axon
sends a past due account to collections, Agency is responsible for collection and attorneys’ fees.
4 Taxes. Agency is responsible for sales and other taxes associated with the order unless Agency provides
Axon a valid tax exemption certificate.
5 Shipping. Axon may make partial shipments and ship Axon Devices from multiple locations. All shipments
are FOB shipping point via common carrier. Title and risk of loss pass to Agency upon Axon’s delivery to
the common carrier. Agency is responsible for any shipping charges in the Quote.
6 Returns. All sales are final. Axon does not allow refunds or exchanges, except warranty returns or as
provided by state or federal law.
ATTACHMENT 2 - UPDATED 2021-07-09
Master Services and Purchasing Agreement
Title: Master Services and Purchasing Agreement between Axon and Agency
Department: Legal
Version: 12.0
Release Date: 12/18/2020 Page 2 of 16
7 Warranty.
7.1 Hardware Limited Warranty. Axon warrants that Axon-manufactured Devices are free from
defects in workmanship and materials for 1 year from the date of Agency’s receipt, except Signal
Sidearm, which Axon warrants for 30 months from the date of Agency’s receipt. Axon warrants its
Axon-manufactured accessories for 90-days from the date of Agency’s receipt. Used conducted
energy weapon (“CEW”) cartridges are deemed to have operated properly. Extended warranties
run from the expiration of the 1-year hardware warranty through the extended warranty term. Non-
Axon manufactured Devices are not covered by Axon’s warranty. Agency should contact the
manufacturer for support of non-Axon manufactured Devices.
7.2 Claims. If Axon receives a valid warranty claim for an Axon manufactured Device during the
warranty term, Axon’s sole responsibility is to repair or replace the Device with the same or like
Device, at Axon’s option. A replacement Axon Device will be new or like new. Axon will warrant the
replacement Axon Device for the longer of (a) the remaining warranty of the original Axon Device
or (b) 90-days from the date of repair or replacement.
If Agency exchanges a device or part, the replacement item becomes Agency’s property, and the
replaced item becomes Axon’s property. Before delivering a Axon Device for service, Agency must
upload Axon Device data to Axon Evidence or download it and retain a copy. Axon is not
responsible for any loss of software, data, or other information contained in storage media or any
part of the Axon Device sent to Axon for service.
7.3 Spare Axon Devices. For qualified purchases, Axon may provide Agency a predetermined number
of spare Axon Devices as detailed in the Quote (“Spare Axon Devices”). Spare Axon Devices are
intended to replace broken or non-functioning units while Agency submits the broken on non-
functioning units , through Axon’s warranty return process. Axon will repair or replace the unit with
a replacement Axon Device. Title and risk of loss for all Spare Axon Devices shall pass to Agency
in accordance with shipping terms under Section 5. Axon assumes no liability or obligation in the
event Agency does not utilize Spare Axon Devices for the intended purpose. .
7.4 Limitations. Axon’s warranty excludes damage related to: (a) failure to follow Axon Device use
instructions; (b) Axon Devices used with equipment not manufactured or recommended by Axon;
(c) abuse, misuse, or intentional damage to Axon Device; (d) force majeure; (e) Axon Devices
repaired or modified by persons other than Axon without Axon’s written permission; or (f) Axon
Devices with a defaced or removed serial number.
7.4.1 To the extent permitted by law, the above warranties and remedies are exclusive.
Axon disclaims all other warranties, remedies, and conditions, whether oral, written,
statutory, or implied. If statutory or implied warranties cannot be lawfully disclaimed,
then such warranties are limited to the duration of the warranty described above and
by the provisions in this Agreement.
7.4.2 Axon’s cumulative liability to any Party for any loss or damage resulting from any
claim, demand, or action arising out of or relating to any Axon Device or Service will
not exceed the purchase price paid to Axon for the Axon Device, or if for Services,
the amount paid for such Services over the 12 months preceding the claim. Neither
Party will be liable for direct, special, indirect, incidental, punitive or consequential
damages, however caused, whether for breach of warranty or contract, negligence,
strict liability, tort or any other legal theory.
8 Statement of Work. Certain Axon Devices and Services, including Axon Interview Room, Axon Channel
Services, and Axon Fleet, may require a Statement of Work that details Axon’s Service deliverables
(“SOW”). In the event Axon provides an SOW to Agency, Axon is only responsible to perform Services
described in the SOW. Additional services are out of scope. The Parties must document scope changes in
a written and signed change order. Changes may require an equitable adjustment in fees or schedule. The
SOW is incorporated into this Agreement by reference.
Master Services and Purchasing Agreement
Title: Master Services and Purchasing Agreement between Axon and Agency
Department: Legal
Version: 12.0
Release Date: 12/18/2020 Page 3 of 16
9 Axon Device Warnings. See www.axon.com/legal for the most current Axon Device warnings.
10 Design Changes. Axon may make design changes to any Axon Device or Service without notifying Agency
or making the same change to Axon Devices and Services previously purchased by Agency.
11 Bundled Offerings. Some offerings in bundled offerings may not be generally available at the time of
Agency’s purchase. Axon will not provide a refund, credit, or additional discount beyond what is in the
Quote due to a delay of availability or Agency’s election not to utilize any portion of an Axon bundle.
12 Insurance. Axon will maintain General Liability, Workers’ Compensation, and Automobile Liability
insurance. Upon request, Axon will supply certificates of insurance.
13 Indemnification. Axon will indemnify Agency’s officers, directors, and employees (“Agency Indemnitees”)
against all claims, demands, losses, and reasonable expenses arising out of a third-party claim against an
Agency Indemnitee resulting from any negligent act, error or omission, or willful misconduct by Axon under
this Agreement, except to the extent of Agency’s negligence or willful misconduct, or claims under workers
compensation.
14 IP Rights. Axon owns and reserves all right, title, and interest in Axon devices and services and suggestions
to Axon, including all related intellectual property rights. Agency will not cause any Axon proprietary rights
to be violated.
15 IP Indemnification. Axon will indemnify Agency Indemnitees against all claims, losses, and reasonable
expenses from any third-party claim alleging that the use of Axon Devices or Services infringes or
misappropriates the third-party’s intellectual property rights. Agency must promptly provide Axon with
written notice of such claim, tender to Axon the defense or settlement of such claim at Axon’s expense and
cooperate fully with Axon in the defense or settlement of such claim. Axon’s IP indemnification obligations
do not apply to claims based on (a) modification of Axon Devices or Services by Agency or a third-party not
approved by Axon; (b) use of Axon Devices and Services in combination with hardware or services not
approved by Axon; (c) use of Axon Devices and Services other than as permitted in this Agreement; or (d)
use of Axon software that is not the most current release provided by Axon.
16 Agency Responsibilities. Agency is responsible for (a) Agency’s use of Axon Devices; (b) breach of this
Agreement or violation of applicable law by Agency or an Agency end user; and (c) a dispute between
Agency and a third-party over Agency’s use of Axon Devices.
17 Termination.
17.1 For Breach. A Party may terminate this Agreement for cause if it provides 30 days written notice
of the breach to the other Party, and the breach remains uncured at the end of 30 days. If Agency
terminates this Agreement due to Axon’s uncured breach, Axon will refund prepaid amounts on a
prorated basis based on the effective date of termination.
17.2 By Agency. All of the Agency’s financial obligations under this Agreement are contingent upon
appropriation, budgeting, and availability of specific funds to discharge those obligations. Nothing
in this Agreement constitutes a debt, a direct or indirect multiple fiscal year financial obligation, a
pledge of the Agency’s credit, or a payment guarantee by the Agency. If sufficient funds are not
appropriated or otherwise legally available to pay the fees, Agency may terminate this Agreement.
Agency will deliver notice of termination under this section as soon as reasonably practicable.
17.3 Effect of Termination. Upon termination of this Agreement, Agency rights immediately terminate.
Agency remains responsible for all fees incurred before the effective date of termination. If Agency
purchases Axon Devices for less than the manufacturer’s suggested retail price (“MSRP”) and this
Agreement terminates before the end of the Term, Axon will invoice Agency the difference between
the MSRP for Axon Devices received, including any Spare Axon Devices, and amounts paid
towards those Axon Devices. Only if terminating for non-appropriation, Agency may return Axon
Devices to Axon within 30 days of termination. MSRP is the standalone price of the individual Axon
Device at the time of sale. For bundled Axon Devices, MSRP is the standalone price of all individual
Master Services and Purchasing Agreement
Title: Master Services and Purchasing Agreement between Axon and Agency
Department: Legal
Version: 12.0
Release Date: 12/18/2020 Page 4 of 16
components.
18 Confidentiality. “Confidential Information” means nonpublic information designated as confidential or,
given the nature of the information or circumstances surrounding disclosure, should reasonably be
understood to be confidential. Each Party will take reasonable measures to avoid disclosure, dissemination,
or unauthorized use of the other Party’s Confidential Information. Unless required by law, neither Party will
disclose the other Party’s Confidential Information during the Term and for 5-years thereafter. Axon pricing
is Confidential Information and competition sensitive. If Agency is required by law to disclose Axon pricing,
to the extent allowed by law, Agency will provide notice to Axon before disclosure. Axon may publicly
announce information related to this Agreement.
19 General.
19.1 Force Majeure. Neither Party will be liable for any delay or failure to perform due to a cause beyond
a Party’s reasonable control.
19.2 Independent Contractors. The Parties are independent contractors. Neither Party has the
authority to bind the other. This Agreement does not create a partnership, franchise, joint venture,
agency, fiduciary, or employment relationship between the Parties.
19.3 Third-Party Beneficiaries. There are no third-party beneficiaries under this Agreement.
19.4 Non-Discrimination. Neither Party nor its employees will discriminate against any person based
on race; religion; creed; color; sex; gender identity and expression; pregnancy; childbirth;
breastfeeding; medical conditions related to pregnancy, childbirth, or breastfeeding; sexual
orientation; marital status; age; national origin; ancestry; genetic information; disability; veteran
status; or any class protected by local, state, or federal law.
19.5 Export Compliance. Each Party will comply with all import and export control laws and regulations.
19.6 Assignment. Neither Party may assign this Agreement without the other Party’s prior written
consent. Axon may assign this Agreement, its rights, or obligations without consent: (a) to an
affiliate or subsidiary; or (b) for purposes of financing, merger, acquisition, corporate reorganization,
or sale of all or substantially all its assets. This Agreement is binding upon the Parties respective
successors and assigns.
19.7 Waiver. No waiver or delay by either Party in exercising any right under this Agreement constitutes
a waiver of that right.
19.8 Severability. If a court of competent jurisdiction holds any portion of this Agreement invalid or
unenforceable, the remaining portions of this Agreement will remain in effect.
19.9 Survival. The following sections will survive termination: Payment, Warranty, Axon Device
Warnings, Indemnification, IP Rights, and Agency Responsibilities.
19.10 Governing Law. The laws of the state where Agency is physically located, without reference to
conflict of law rules, govern this Agreement and any dispute arising from it. The United Nations
Convention for the International Sale of Goods does not apply to this Agreement.
19.11 Notices. All notices must be in English. Notices posted on Agency’s Axon Evidence site are
effective upon posting. Notices by email are effective on the sent date of the email. Notices by
personal delivery are effective immediately. Contact information for notices:
Axon: Axon Enterprise, Inc. Town of Estes Park
Attn: Legal Attn: Eric Rose
17800 N. 85th Street 170 MacGregor Ave
Scottsdale, Arizona 85255 Estes Park CO 80517
Master Services and Purchasing Agreement
Title: Master Services and Purchasing Agreement between Axon and Agency
Department: Legal
Version: 12.0
Release Date: 12/18/2020 Page 5 of 16
Scottsdale, Arizona 85255 Estes Park, CO 80517
legal@axon.com
19.12 Entire Agreement. This Agreement, including the Appendices and any SOW(s), represents the
entire agreement between the Parties. This Agreement supersedes all prior agreements or
understandings, whether written or verbal, regarding the subject matter of this Agreement. This
Agreement may only be modified or amended in a writing signed by the Parties.
Each representative identified below declares they have been expressly authorized to execute this Agreement as
of the date of signature.
Axon Enterprise, Inc. Agency
Signature: Signature:
Name: Name:
Title: Title:
Date: Date:
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Master Services and Purchasing Agreement
Title: Master Services and Purchasing Agreement between Axon and Agency
Department: Legal
Version: 12.0
Release Date: 12/18/2020 Page 6 of 16
Axon Cloud Services Terms of Use Appendix
1 Definitions.
“Agency Content” is data uploaded into, ingested by, or created in Axon Cloud Services within
Agency’s tenant, including media or multimedia uploaded into Axon Cloud Services by Agency.
Agency Content includes Evidence but excludes Non-Content Data.
“Evidence” is media or multimedia uploaded into Axon Evidence as 'evidence' by an Agency.
Evidence is a subset of Agency Content.
“Non-Content Data” is data, configuration, and usage information about Agency’s Axon Cloud
Services tenant, Axon Devices and client software, and users that is transmitted or generated when
using Axon Devices. Non-Content Data includes data about users captured during account
management and customer support activities. Non-Content Data does not include Agency Content.
“Personal Data” means any information relating to an identified or identifiable natural person. An
identifiable natural person is one who can be identified, directly or indirectly, in particular by
reference to an identifier such as a name, an identification number, location data, an online identifier
or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural
or social identity of that natural person.
2 Access. Upon Axon granting Agency a subscription to Axon Cloud Services, Agency may access
and use Axon Cloud Services to store and manage Agency Content. Agency may not exceed more
end users than the Quote specifies. Axon Air requires an Axon Evidence subscription for each
drone operator. For Axon Evidence Lite, Agency may access and use Axon Evidence only to store
and manage TASER CEW and TASER CAM data (“TASER Data”). Agency may not upload non-
TASER Data to Axon Evidence Lite.
3 Agency Owns Agency Content. Agency controls and owns all right, title, and interest in Agency
Content. Except as outlined herein, Axon obtains no interest in Agency Content, and Agency
Content are not business records of Axon. Agency is solely responsible for uploading, sharing,
managing, and deleting Agency Content. Axon will have limited access to Agency Content solely
for providing and supporting Axon Cloud Services to Agency and Agency end users.
4 Security. Axon will implement commercially reasonable and appropriate measures to secure
Agency Content against accidental or unlawful loss, access or disclosure. Axon will maintain a
comprehensive information security program to protect Axon Cloud Services and Agency Content
including logical, physical access, vulnerability, risk, and configuration management; incident
monitoring and response; encryption of uploaded digital evidence; security education; and data
protection. Axon agrees to the Federal Bureau of Investigation Criminal Justice Information
Services Security Addendum.
5 Agency Responsibilities. Agency is responsible for (a) ensuring Agency owns Agency Content;
(b) ensuring no Agency Content or Agency end user’s use of Agency Content or Axon Cloud
Services violates this Agreement or applicable laws; and (c) maintaining necessary computer
equipment and Internet connections for use of Axon Cloud Services. If Agency becomes aware of
any violation of this Agreement by an end user, Agency will immediately terminate that end user’s
access to Axon Cloud Services.
Agency will also maintain the security of end user names and passwords and security and access
by end users to Agency Content. Agency is responsible for ensuring the configuration and utilization
of Axon Cloud Services meet applicable Agency regulation and standards. Agency may not sell,
transfer, or sublicense access to any other entity or person. Agency shall contact Axon immediately
if an unauthorized party may be using Agency’s account or Agency Content, or if account
information is lost or stolen.
Master Services and Purchasing Agreement
Title: Master Services and Purchasing Agreement between Axon and Agency
Department: Legal
Version: 12.0
Release Date: 12/18/2020 Page 7 of 16
To the extent Agency uses the Axon Cloud Services to interact with YouTube®, such use may be
governed by the YouTube Terms of Service, available at
https://www.youtube.com/static?template=terms.
6 Privacy. Axon will not disclose Agency Content or information about Agency except as compelled
by a court or administrative body or required by law or regulation. If Axon receives a disclosure
request for Agency Content, Axon will give Agency notice, unless legally prohibited from doing so,
to allow Agency to file an objection with the court or administrative body. Agency agrees to allow
Axon access to certain information from Agency to (a) perform troubleshooting services upon
request or as part of regular diagnostic screening; (b) enforce this Agreement or policies governing
the use of Axon Evidence; or (c) perform analytic and diagnostic evaluations of the systems.
7 Axon Body 3 Wi-Fi Positioning. Axon Body 3 cameras offer a feature to enhance location
services where GPS/GNSS signals may not be available, for instance, within buildings or
underground. Agency administrators can manage their choice to use this service within the
administrative features of Axon Cloud Services. If Agency chooses to use this service, Axon must
also enable the usage of the feature for Agency’s Axon Cloud Services tenant. Agency will not see
this option with Axon Cloud Services unless Axon has enabled Wi-Fi Positioning for Agency’s Axon
Cloud Services tenant. When Wi-Fi Positioning is enabled by both Axon and Agency, Non-Content
and Personal Data will be sent to Skyhook Holdings, Inc. (“Skyhook”) to facilitate the Wi-Fi
Positioning functionality. Data controlled by Skyhook is outside the scope of the Axon Cloud
Services Privacy Policy and is subject to the Skyhook Services Privacy Policy.
8 Storage. For Axon Unlimited Device Storage subscriptions, Agency may store unlimited data in
Agency's Axon Evidence account only if data originates from Axon Capture or the applicable Axon
Device. Axon may charge Agency additional fees for exceeding purchased storage amounts. Axon
may place Agency Content that Agency has not viewed or accessed for 6 months into archival
storage. Agency Content in archival storage will not have immediate availability and may take up
to 24 hours to access.
9 Location of Storage. Axon may transfer Agency Content to third-party subcontractors for storage.
Axon will determine the locations of data centers for storage of Agency Content. For United States
agencies, Axon will ensure all Agency Content stored in Axon Cloud Services remains within the
United States. Ownership of Agency Content remains with Agency.
10 Suspension. Axon may temporarily suspend Agency’s or any end user’s right to access or use
any portion or all of Axon Cloud Services immediately upon notice, if Agency or end user’s use of
or registration for Axon Cloud Services may (a) pose a security risk to Axon Cloud Services or any
third-party; (b) adversely impact Axon Cloud Services , the systems, or content of any other
customer; (c) subject Axon, Axon’s affiliates, or any third-party to liability; or (d) be fraudulent.
Agency remains responsible for all fees incurred through suspension. Axon will not delete Agency
Content because of suspension, except as specified in this Agreement.
11 Axon Cloud Services Warranty. Axon disclaims any warranties or responsibility for data
corruption or errors before Agency uploads data to Axon Cloud Services.
12 Axon Records. Axon Records is the software-as-a-service product that is generally available at
the time Agency purchases an OSP 7 bundle. During Agency’s Axon Records Subscription Term,
Agency will be entitled to receive Axon’s Update and Upgrade releases on an if-and-when available
basis.
An “Update” is a generally available release of Axon Records that Axon makes available from time
to time. An “Upgrade” includes (i) new versions of Axon Records that enhance features and
Master Services and Purchasing Agreement
Title: Master Services and Purchasing Agreement between Axon and Agency
Department: Legal
Version: 12.0
Release Date: 12/18/2020 Page 8 of 16
functionality, as solely determined by Axon; and/or (ii) new versions of Axon Records that provide
additional features or perform additional functions. Upgrades exclude new products that Axon
introduces and markets as distinct products or applications.
New or additional Axon products and applications, as well as any Axon professional services
needed to configure Axon Records, are not included. If Agency purchases Axon Records as part
of a bundled offering, the Axon Record subscription begins on the later of the (1) start date of that
bundled offering, or (2) date Axon provisions Axon Records to Agency.
13 Axon Cloud Services Restrictions. Agency and Agency end users (including employees,
contractors, agents, officers, volunteers, and directors), may not, or may not attempt to:
13.1 copy, modify, tamper with, repair, or create derivative works of any part of Axon Cloud
Services;
13.2 reverse engineer, disassemble, or decompile Axon Cloud Services or apply any process
to derive any source code included in Axon Cloud Services, or allow others to do the same;
13.3 access or use Axon Cloud Services with the intent to gain unauthorized access, avoid
incurring fees or exceeding usage limits or quotas;
13.4 use trade secret information contained in Axon Cloud Services, except as expressly
permitted in this Agreement;
13.5 access Axon Cloud Services to build a competitive device or service or copy any features,
functions, or graphics of Axon Cloud Services;
13.6 remove, alter, or obscure any confidentiality or proprietary rights notices (including
copyright and trademark notices) of Axon’s or Axon’s licensors on or within Axon Cloud
Services; or
13.7 use Axon Cloud Services to store or transmit infringing, libelous, or other unlawful or
tortious material; to store or transmit material in violation of third-party privacy rights; or to
store or transmit malicious code.
14 After Termination. Axon will not delete Agency Content for 90-days following termination. There
will be no functionality of Axon Cloud Services during these 90-days other than the ability to retrieve
Agency Content. Agency will not incur additional fees if Agency downloads Agency Content from
Axon Cloud Services during this time. Axon has no obligation to maintain or provide Agency
Content after these 90-days and will thereafter, unless legally prohibited, delete all Agency Content.
Upon request, Axon will provide written proof that Axon successfully deleted and fully removed all
Agency Content from Axon Cloud Services.
15 Post-Termination Assistance. Axon will provide Agency with the same post-termination data
retrieval assistance that Axon generally makes available to all customers. Requests for Axon to
provide additional assistance in downloading or transferring Agency Content, including requests
for Axon’s data egress service, will result in additional fees and Axon will not warrant or guarantee
data integrity or readability in the external system.
16 U.S. Government Rights. If Agency is a U.S. Federal department or using Axon Cloud Services
on behalf of a U.S. Federal department, Axon Cloud Services is provided as a “commercial item,”
“commercial computer software,” “commercial computer software documentation,” and “technical
data”, as defined in the Federal Acquisition Regulation and Defense Federal Acquisition Regulation
Supplement. If Agency is using Axon Cloud Services on behalf of the U.S. Government and these
terms fail to meet the U.S. Government’s needs or are inconsistent in any respect with federal law,
Agency will immediately discontinue use of Axon Cloud Services.
17 Survival. Upon any termination of this Agreement, the following sections in this Appendix will
survive: Agency Owns Agency Content, Storage, Axon Cloud Services Warranty, and Axon Cloud
Services Restrictions.
Master Services and Purchasing Agreement
Title: Master Services and Purchasing Agreement between Axon and Agency
Department: Legal
Version: 12.0
Release Date: 12/18/2020 Page 9 of 16
Professional Services Appendix
1 Utilization of Services. Agency must use professional services as outlined in the Quote and this
Appendix within 6 months of the Effective Date.
2 Body-Worn Camera Starter Service (BWC Starter). BWC Starter includes advance remote
project planning and configuration support and one day of on-site Services and a professional
services manager to work closely with Agency to assess Agency’s deployment and determine
which Services are appropriate. If Agency requires more than 1 day of on-site Services, Agency
must purchase additional on-site Services. The BWC Starter options include:
System set up and configuration (Remote Support)
• Instructor-led setup of Axon View on smartphones (if applicable)
• Configure categories & custom roles based on Agency need
• Troubleshoot IT issues with Axon Evidence and Axon Dock (“Dock”) access
Dock configuration
• Work with Agency to decide the ideal location of Dock setup and set configurations on Dock
• Authenticate Dock with Axon Evidence using “Administrator” credentials from Agency
• Does not include physical mounting of docks
Axon instructor training (Train the Trainer)
Training for Agency’s in-house instructors who can support Agency’s Axon camera and Axon Evidence
training needs after Axon’s has fulfilled its contracted on-site obligations
End user go-live training and support sessions
• Assistance with device set up and configuration
• Training on device use, Axon Evidence, and Evidence Sync
Implementation document packet
Axon Evidence administrator guides, camera implementation guides, network setup guide, sample
policies, and categories & roles guide
3 Body-Worn Camera Virtual 1-Day Service (BWC Virtual). BWC Virtual includes all items in the
BWC Starter Service Package, except one day of on-site services.
4 Out of Scope Services. Axon is only responsible to perform the professional services described
in the Quote and this Appendix. Any additional professional services are out of scope. The Parties
must document scope changes in a written and signed change order. Changes may require an
equitable adjustment in the charges or schedule.
5 Delivery of Services. Axon personnel will work Monday through Friday, 8:30 a.m. to 5:30 p.m.,
except holidays. Axon will perform all on-site tasks over a consecutive timeframe. Axon will not
charge Agency travel time by Axon personnel to Agency premises as work hours.
6 Access Computer Systems to Perform Services. Agency authorizes Axon to access relevant
Agency computers and networks, solely for performing the Services. Axon will work to identify as
soon as reasonably practicable resources and information Axon expects to use and will provide an
initial itemized list to Agency. Agency is responsible for and assumes the risk of any problems,
delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and
consistency of all data, materials, and information supplied by Agency.
7 Site Preparation. Axon will provide a hardcopy or digital copy of current user documentation for
the Axon Devices (“User Documentation”). User Documentation will include all required
environmental specifications for the professional Services and Axon Devices to operate per the
Master Services and Purchasing Agreement
Title: Master Services and Purchasing Agreement between Axon and Agency
Department: Legal
Version: 12.0
Release Date: 12/18/2020 Page 10 of 16
Axon Device User Documentation. Before installation of Axon Devices (whether performed by
Agency or Axon), Agency must prepare the location(s) where Axon Devices are to be installed
(“Installation Site”) per the environmental specifications in the Axon Device User Documentation.
Following installation, Agency must maintain the Installation Site per the environmental
specifications. If Axon modifies Axon Device User Documentation for any Axon Devices under this
Agreement, Axon will provide the update to Agency when Axon generally releases it. If Axon
modifies Axon Device User Documentation for any Axon Devices under this Agreement, Axon will
provide the update to Agency when Axon generally releases it
8 Acceptance. When Axon completes professional Services, Axon will present an acceptance form
(“Acceptance Form”) to Agency. Agency will sign the Acceptance Form acknowledging
completion. If Agency reasonably believes Axon did not complete the professional Services in
substantial conformance with this Agreement, Agency must notify Axon in writing of the specific
reasons for rejection within 7 calendar days from delivery of the Acceptance Form. Axon will
address the issues and re-present the Acceptance Form for signature. If Axon does not receive the
signed Acceptance Form or written notification of reasons for rejection within 7 calendar days of
delivery of the Acceptance Form, Axon will deem Agency to have accepted the professional
Services.
9 Agency Network. For work performed by Axon transiting or making use of Agency’s network,
Agency is solely responsible for maintenance and functionality of the network. In no event will Axon
be liable for loss, damage, or corruption of Agency’s network from any cause.
Master Services and Purchasing Agreement
Title: Master Services and Purchasing Agreement between Axon and Agency
Department: Legal
Version: 12.0
Release Date: 12/18/2020 Page 11 of 16
Technology Assurance Plan Appendix
If Technology Assurance Plan (“TAP”) or a bundle including TAP is on the Quote, this appendix applies.
1 TAP Warranty. The TAP warranty is an extended warranty that starts at the end of the 1-year
Hardware Limited Warranty.
2 Officer Safety Plan. If Agency purchases an Officer Safety Plan (“OSP”), Agency will receive the
deliverables detailed in the Quote. Agency must accept delivery of the TASER CEW and
accessories as soon as available from Axon.
3 OSP 7 Term. OSP 7 begins after Axon ships the Axon Body 3 or TASER 7 hardware to Agency. If
Axon ships in the first half of the month, OSP 7 starts the 1st of the following month. If Axon ships
in the second half of the month, OSP 7 starts the 15th of the following month (“OSP 7 Term”).
4 TAP BWC Upgrade. If Agency has no outstanding payment obligations and purchased TAP, Axon
will provide Agency a new Axon body-worn camera (“BWC Upgrade”) as scheduled in the Quote.
If Agency purchased TAP Axon will provide a BWC Upgrade that is the same or like Axon Device,
at Axon’s option. Axon makes no guarantee the BWC Upgrade will utilize the same accessories or
Axon Dock.
5 TAP Dock Upgrade. If Agency has no outstanding payment obligations and purchased TAP, Axon
will provide Agency a new Axon Dock as scheduled in the Quote (“Dock Upgrade”). Accessories
associated with any Dock Upgrades are subject to change at Axon discretion. Dock Upgrades will
only include a new Axon Dock bay configuration unless a new Axon Dock core is required for BWC
compatibility. If Agency originally purchased a single-bay Axon Dock, the Dock Upgrade will be a
single-bay Axon Dock model that is the same or like Axon Device, at Axon’s option. If Agency
originally purchased a multi-bay Axon Dock, the Dock Upgrade will be a multi-bay Axon Dock that
is the same or like Axon Device, at Axon’s option.
6 Upgrade Delay. Axon may ship the BWC and Dock Upgrades as scheduled in the Quote without
prior confirmation from Agency unless the Parties agree in writing otherwise at least 90 days in
advance. Axon may ship the final BWC and Dock Upgrade as scheduled in the Quote 60 days
before the end of the Subscription Term without prior confirmation from Agency.
7 Upgrade Change. If Agency wants to change Axon Device models for the offered BWC or Dock
Upgrade, Agency must pay the price difference between the MSRP for the offered BWC or Dock
Upgrade and the MSRP for the model desired. If the model Agency desires has an MSRP less than
the MSRP of the offered BWC Upgrade or Dock Upgrade, Axon will not provide a refund. The
MSRP is the MSRP in effect at the time of the upgrade.
8 Return of Original Axon Device. Within 30 days of receiving a BWC or Dock Upgrade, Agency
must return the original Axon Devices to Axon or destroy the Axon Devices and provide a certificate
of destruction to Axon including serial numbers for the destroyed Axon Devices. If Agency does not
return or destroy the Axon Devices, Axon will deactivate the serial numbers for the Axon Devices
received by Agency.
9 Termination. If Agency’s payment for TAP, OSP, or Axon Evidence is more than 30 days past due,
Axon may terminate TAP or OSP. Once TAP or OSP terminates for any reason:
9.1 TAP and OSP coverage terminate as of the date of termination and no refunds will be
given.
9.2 Axon will not and has no obligation to provide the Upgrade Models.
9.3 Agency must make any missed payments due to the termination before Agency may
purchase any future TAP or OSP.
Master Services and Purchasing Agreement
Title: Master Services and Purchasing Agreement between Axon and Agency
Department: Legal
Version: 12.0
Release Date: 12/18/2020 Page 12 of 16
TASER 7 Appendix
This TASER 7 Appendix applies to Agency’s TASER 7, OSP 7, or OSP 7 Plus purchase from Axon.
1 Duty Cartridge Replenishment Plan. If the Quote includes “Duty Cartridge Replenishment
Plan”, Agency must purchase the plan for each CEW user. A CEW user includes officers that use
a CEW in the line of duty and those that only use a CEW for training. Agency may not resell
cartridges received. Axon will only replace cartridges used in the line of duty.
2 Training. If the Quote includes a training voucher, Agency must use the voucher within 1 year of
issuance, or the voucher will be void. Axon will issue Agency a voucher annually beginning on the
start of the TASER Subscription Term. The voucher has no cash value. Agency cannot exchange
it for another device or service. Unless stated in the Quote, the voucher does not include travel
expenses and will be Agency’s responsibility. If the Quote includes Axon Online Training or Virtual
Reality Content Empathy Development for Autism/Schizophrenia (collectively, “Training
Content”), Agency may access Training Content. Axon will deliver all Training Content
electronically.
3 Extended Warranty. If the Quote includes an extended warranty, the extended warranty coverage
period warranty will be for a 5-year term, which includes the hardware manufacturer’s warranty plus
the 4-year extended term.
4 Trade-in. If the Quote contains a discount on CEW-related line items, including items related to
OSP, then that discount may only be applied as a trade-in credit, and Agency must return used
hardware and accessories associated with the discount (“Trade-In Units”) to Axon. Agency must
ship batteries via ground shipping. Axon will pay shipping costs of the return. If Axon does not
receive Trade-In Units within the timeframe below, Axon will invoice Agency the value of the trade-
in credit. Agency may not destroy Trade-In Units and receive a trade-in credit.
Agency Size Days to Return from Start Date of TASER 7 Subscription
Less than 100 officers 30 days
100 to 499 officers 90 days
500+ officers 180 days
5 TASER 7 Subscription Term. The TASER 7 Subscription Term for a standalone TASER 7
purchase begins on shipment of the TASER 7 hardware. The TASER 7 Subscription Term for OSP
7 begins on the OSP 7 Start date.
6 Access Rights. Upon Axon granting Agency a TASER 7 Axon Evidence subscription, Agency may
access and use Axon Evidence for the storage and management of data from TASER 7 CEW
devices during the TASER 7 Subscription Term. Agency may not upload any non-TASER 7 data
or any other files to Axon Evidence. Agency may not exceed the number of end users than the
Quote specifies.
7 Privacy. Axon will not disclose Agency Content or any information about Agency except as
compelled by a court or administrative body or required by any law or regulation. Axon will give
notice if any disclosure request is received for Agency Content, so Agency may file an objection
with the court or administrative body. Agency acknowledges and agrees that Axon may access
Agency Content to: (a) perform troubleshooting services upon request or as part of Axon’s
maintenance or diagnostic screenings; (b) enforce this Agreement or policies governing use of
Axon Evidence; (c) generate aggregated data, excluding information that can be used to distinguish
or trace an individual's identity, either alone or when combined with other personal or identifying
Master Services and Purchasing Agreement
Title: Master Services and Purchasing Agreement between Axon and Agency
Department: Legal
Version: 12.0
Release Date: 12/18/2020 Page 13 of 16
information that is linked or linkable to a specific individual (collectively, “PII”), to improve, analyze,
support, and operate Axon’s current and future devices and services.
8 Termination. If payment for TASER 7 is more than 30 days past due, Axon may terminate
Agency’s TASER 7 plan by notifying Agency. Upon termination for any reason, then as of the
date of termination:
8.1 TASER 7 extended warranties and access to Training Content will terminate. No refunds
will be given.
8.2 Axon will invoice Agency the remaining MSRP for TASER 7 products received before
termination. If terminating for non-appropriations, Axon will not invoice Agency if Agency
returns the CEW, rechargeable battery, holster, dock, core, training suits, and unused
cartridges to Axon within 30 days of the date of termination.
8.3 Agency will be responsible for payment of any missed payments due to the termination
before being allowed to purchase any future TASER 7 plan.
Master Services and Purchasing Agreement
Title: Master Services and Purchasing Agreement between Axon and Agency
Department: Legal
Version: 12.0
Release Date: 12/18/2020 Page 14 of 16
Axon Auto-Tagging Appendix
1 Scope. Axon Auto-Tagging consists of the development of a module to allow Axon Evidence to
interact with Agency’s Computer-Aided Dispatch (“CAD”) or Records Management Systems (“RMS”).
This allows end users to auto-populate Axon video meta-data with a case ID, category, and location-
based on data maintained in Agency’s CAD or RMS.
2 Support. For thirty days after completing Auto-Tagging Services, Axon will provide up to 5 hours
of remote support at no additional charge. Axon will provide free support due to a change in Axon
Evidence, so long as long as Agency maintains an Axon Evidence and Auto-Tagging subscription.
Axon will not provide support if a change is required because Agency changes its CAD or RMS.
3 Changes. Axon is only responsible to perform the Services in this Appendix. Any additional
Services are out of scope. The Parties must document scope changes in a written and signed
change order. Changes may require an equitable adjustment in fees or schedule.
4 Agency Responsibilities. Axon’s performance of Auto-Tagging Services requires Agency to:
4.1 Make available relevant systems, including Agency’s current CAD or RMS, for assessment
by Axon (including remote access if possible);
4.2 Make required modifications, upgrades or alterations to Agency’s hardware, facilities,
systems and networks related to Axon’s performance of Auto-Tagging Services;
4.3 Provide access to the premises where Axon is performing Auto-Tagging Services, subject
to Agency safety and security restrictions, and allow Axon to enter and exit the premises
with laptops and materials needed to perform Auto-Tagging Services;
4.4 Provide all infrastructure and software information (TCP/IP addresses, node names,
network configuration) necessary for Axon to provide Auto-Tagging Services;
4.5 Promptly install and implement any software updates provided by Axon;
4.6 Ensure that all appropriate data backups are performed;
4.7 Provide assistance, participation, and approvals in testing Auto-Tagging Services;
4.8 Provide Axon with remote access to Agency’s Axon Evidence account when required;
4.9 Notify Axon of any network or machine maintenance that may impact the performance of
the module at Agency; and
4.10 Ensure reasonable availability of knowledgeable staff and personnel to provide timely,
accurate, complete, and up-to-date documentation and information to Axon.
Access to Systems. Agency authorizes Axon to access Agency’s relevant computers, network systems,
and CAD or RMS solely for performing Auto-Tagging Services. Axon will work diligently to identify as
soon as reasonably practicable resources and information Axon expects to use and will provide an initial
list to Agency. Agency is responsible for and assumes the risk of any problems, delays, losses, claims, or
expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and
information supplied by Agency.
Master Services and Purchasing Agreement
Title: Master Services and Purchasing Agreement between Axon and Agency
Department: Legal
Version: 12.0
Release Date: 12/18/2020 Page 15 of 16
Axon Respond Appendix
This Axon Respond Appendix applies to both Axon Respond and Axon Respond Plus.
1 Axon Respond Subscription Term. If Agency purchases Axon Respond as part of a bundled
offering, the Axon Respond subscription begins on the later of the (1) start date of that bundled
offering, or (2) date Axon provisions Axon Respond to Agency.
If Agency purchases Axon Respond as a standalone, the Axon Respond subscription begins the
later of the (1) date Axon provisions Axon Respond to Agency, or (2) first day of the month following
the Effective Date.
The Axon Respond subscription term will end upon the completion of the Axon Evidence
Subscription associated with Axon Respond.
2 Scope of Axon Respond. The scope of Axon Respond is to assist Agency with real-time
situational awareness during critical incidents to improve officer safety, effectiveness, and
awareness. In the event Agency uses Axon Respond outside this scope, Axon may initiate good-
faith discussions with Agency on upgrading Agency’s Axon Respond to better meet Agency’s
needs.
3 Axon Body 3 LTE Requirements. Axon Respond is only available and usable with an LTE
enabled body-worn camera. Axon is not liable if Agency utilizes the LTE device outside of the
coverage area or if the LTE carrier is unavailable. LTE coverage is only available in the United
States, including any U.S. territories. Axon may utilize a carrier of Axon’s choice to provide LTE
service. Axon may change LTE carriers during the Term without Agency’s consent.
4 Axon Fleet 3 LTE Requirements. Axon Respond is only available and usable with a Fleet 3
system configured with LTE modem and service. Agency is responsible for providing LTE service
for the modem. Coverage and availability of LTE service is subject to Agency’s LTE carrier.
5 Axon Respond Service Limitations. Agency acknowledges that LTE service is made available
only within the operating range of the networks. Service may be temporarily refused, interrupted,
or limited because of: (a) facilities limitations; (b) transmission limitations caused by atmospheric,
terrain, other natural or artificial conditions adversely affecting transmission, weak batteries, system
overcapacity, movement outside a service area or gaps in coverage in a service area and other
causes reasonably outside of the carrier’s control such as intentional or negligent acts of third
parties that damage or impair the network or disrupt service; or (c) equipment modifications,
upgrades, relocations, repairs, and other similar activities necessary for the proper or improved
operation of service.
With regard to Axon Body 3, Partner networks are made available as-is and the carrier makes no
warranties or representations as to the availability or quality of roaming service provided by carrier
partners, and the carrier will not be liable in any capacity for any errors, outages, or failures of
carrier partner networks. Agency expressly understands and agrees that it has no contractual
relationship whatsoever with the underlying wireless service provider or its affiliates or contractors
and Agency is not a third-party beneficiary of any agreement between Axon and the underlying
carrier.
6 Termination. Upon termination of this Agreement, or if Agency stops paying for Axon Respond or
bundles that include Axon Respond, Axon will end Aware services, including any Axon-provided
LTE service.
Master Services and Purchasing Agreement
Title: Master Services and Purchasing Agreement between Axon and Agency
Department: Legal
Version: 12.0
Release Date: 12/18/2020 Page 16 of 16
Add-on Services Appendix
This Appendix applies to Axon Citizen for Communities, Axon Redaction Assistant, and Axon
Performance.
1 Subscription Term. If Agency purchases Axon Citizen for Communities, Axon Redaction
Assistant, or Axon Performance as part of OSP 7, the subscription begins oan the later of the (1)
start date of the OSP 7 Term, or (2) date Axon provisions Axon Citizen for Communities, Axon
Redaction Assistant, or Axon Performance to Agency.
If Agency purchases Axon Citizen for Communities, Axon Redaction Assistant, or Axon
Performance as a standalone, the subscription begins the later of the (1) date Axon provisions
Axon Citizen for Communities, Axon Redaction Assistant, or Axon Performance to Agency, or (2)
first day of the month following the Effective Date.
The subscription term will end upon the completion of the Axon Evidence Subscription associated
with the add-on.
2 Axon Citizen Storage. For Axon Citizen, Agency may store an unlimited amount of data submitted
through the public portal (“Portal Content”), within Agency’s Axon Evidence instance. The post-
termination provisions outlined in the Axon Cloud Services Terms of Use Appendix also apply to
Portal Content.
3 Performance Auto-Tagging Data. In order to provide some features of Axon Performance to
Agency, Axon will need to store call for service data from Agency’s CAD or RMS.
Estes Park Police Department -CO
ISSUED
6/16/2021
AXON SALES REPRESENTATIVE
Claudia Mendiola
480-681-0797
cmendiola@axon.com
Q-285598-44376.750CM
1
Payment Terms: Net 30
Delivery Method: Fedex -Ground
Q-285598-44376.750CM
Year 1
Item Description Term
(Months)Quantity List Unit
Price Net Unit Price Total (USD)
Axon Plans & Packages
20248 TASER 7 EVIDENCE.COM ACCESS LICENSE 60 1 0.00 0.00 0.00
73746 PROFESSIONAL EVIDENCE.COM LICENSE 60 23 0.00 0.00 0.00
73686 EVIDENCE.COM UNLIMITED AXON DEVICE
STORAGE 60 23 0.00 0.00 0.00
73683 10 GB EVIDENCE.COM A-LA-CART STORAGE 60 69 0.00 0.00 0.00
20248 TASER 7 EVIDENCE.COM ACCESS LICENSE 60 23 0.00 0.00 0.00
20246 TASER 7 DUTY CARTRIDGE REPLACEMENT
ACCESS LICENSE 60 23 0.00 0.00 0.00
73449 RESPOND DEVICE LICENSE 60 23 0.00 0.00 0.00
73682 AUTO TAGGING LICENSE 59 23 0.00 0.00 0.00
73683 10 GB EVIDENCE.COM A-LA-CART STORAGE 60 6 0.00 0.00 0.00
73746 PROFESSIONAL EVIDENCE.COM LICENSE 60 2 0.00 0.00 0.00
73478 REDACTION ASSISTANT USER ACCESS
LICENSE 60 23 0.00 0.00 0.00
Hardware
20160 TASER 7 HOLSTER -SAFARILAND, RH+CART
CARRIER 23 0.00 0.00 0.00
75015 SIGNAL SIDEARM KIT 23 0.00 0.00 0.00
70112 AXON SIGNAL UNIT 23 0.00 0.00 0.00
20008 TASER 7 HANDLE, YLW, HIGH VISIBILITY
(GREEN LASER), CLASS 3R 23 0.00 0.00 0.00
Issued: 06/16/2021
Quote Expiration: 07/16/2021
Account Number: 108391
Axon Enterprise, Inc.
17800 N 85th St.
Scottsdale, Arizona 85255
United States
Phone: (800) 978-2737
Protect Life.
PRIMARY CONTACT
Phone:
Email:
BILL TO
Estes Park Police Department -CO
170 Macgregor Ave.
Estes Park, CO 80517
US
SHIP TO
Estes Park Police Department -CO
170 Macgregor Ave.
Estes Park, CO 80517
US
SALES REPRESENTATIVE
Claudia Mendiola
Phone: 480-681-0797
Email: cmendiola@axon.com
Fax:
Q-285598-44376.750CM
2
Quote Appendix
Year 1 (Continued)
Item Description Term
(Months)Quantity List Unit
Price Net Unit Price Total (USD)
Hardware (Continued)
20040 TASER 7 HANDLE WARRANTY, 4-YEAR 23 0.00 0.00 0.00
22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-
DEGREE) NS 69 0.00 0.00 0.00
22176 TASER 7 LIVE CARTRIDGE, CLOSE
QUARTERS (12-DEGREE) NS 69 0.00 0.00 0.00
73202 AXON BODY 3 -NA10 23 0.00 0.00 0.00
71044 BATTERY, SIGNAL SIDEARM, CR2430
SINGLE PACK 46 0.00 0.00 0.00
22179 TASER 7 INERT CARTRIDGE, STANDOFF
(3.5-DEGREE) NS 23 0.00 0.00 0.00
22181 TASER 7 INERT CARTRIDGE, CLOSE
QUARTERS (12-DEGREE) NS 23 0.00 0.00 0.00
22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-
DEGREE) NS 46 0.00 0.00 0.00
22176 TASER 7 LIVE CARTRIDGE, CLOSE
QUARTERS (12-DEGREE) NS 46 0.00 0.00 0.00
22177 TASER 7 HOOK-AND-LOOP TRN (HALT)
CARTRIDGE, STANDOFF NS 46 0.00 0.00 0.00
22178 TASER 7 HOOK-AND-LOOP TRN (HALT)
CARTRIDGE, CLOSE QUART NS 46 0.00 0.00 0.00
20018 TASER 7 BATTERY PACK, TACTICAL 27 0.00 0.00 0.00
20041 TASER 7 BATTERY PACK WARRANTY, 4-
YEAR 27 0.00 0.00 0.00
20042 TASER 7 DOCK & CORE WARRANTY, 4-
YEAR 1 0.00 0.00 0.00
70033 WALL MOUNT BRACKET, ASSY,
EVIDENCE.COM DOCK 1 0.00 0.00 0.00
74200 TASER 7 6-BAY DOCK AND CORE 1 0.00 0.00 0.00
80090 TARGET FRAME, PROFESSIONAL, 27.5 IN. X
75 IN., TASER 7 1 0.00 0.00 0.00
11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 23 0.00 0.00 0.00
70033 WALL MOUNT BRACKET, ASSY,
EVIDENCE.COM DOCK 3 0.00 0.00 0.00
74210 AXON BODY 3 -8 BAY DOCK 3 0.00 0.00 0.00
11507 MOLLE MOUNT, SINGLE, AXON RAPIDLOCK 25 0.00 0.00 0.00
20050 HOOK-AND-LOOP TRAINING (HALT) SUIT 1 750.00 750.00 750.00
Other
20271 AXON VR CONTROLLER KIT 1 2,500.00 0.00 0.00
Protect Life.Q-285598-44376.750CM
3
Year 1 (Continued)
Item Description Term
(Months)Quantity List Unit
Price Net Unit Price Total (USD)
Other (Continued)
20378 HTC SUNRISE VR HEADSET 1 1,050.00 0.00 0.00
73447 RESPOND DEVICE TO RESPOND DEVICE
PLUS UPGRADE LICENSE 60 23 0.00 0.00 0.00
73448 RESPOND DEVICE TO RESPOND DEVICE
PLUS LICENSE PAYMENT 12 23 192.00 192.00 4,416.00
20320 AXON CORE + PLAN WITH T7 CERT
HEADER 23 0.00 0.00 0.00
Not Eligible
TASER 7
INSTRUCTO
R COURSE
VOUCHER
Not Eligible TASER 7 INSTRUCTOR COURSE
VOUCHER 1 0.00 0.00 0.00
Not Eligible
TASER 7
MASTER
INSTRUCTO
R SCHOOL
VOUC
Not Eligible TASER 7 MASTER INSTRUCTOR
SCHOOL VOUCHER 1 0.00 0.00 0.00
Not Eligible
Halt Suit Not Eligible Halt Suit 1 0.00 0.00 0.00
20321 AXON CORE + PLAN WITH T7 CERT
PAYMENT 12 23 1,908.00 396.91 9,128.93
73827 AB3 CAMERA TAP WARRANTY 60 23 0.00 0.00 0.00
80087 TASER 7 TARGET, CONDUCTIVE,
PROFESSIONAL (RUGGEDIZED)1 0.00 0.00 0.00
73828 AB3 8 BAY DOCK TAP WARRANTY 60 3 0.00 0.00 0.00
71019 NORTH AMER POWER CORD FOR AB3 8-
BAY, AB2 1-BAY / 6-BAY DOCK 3 0.00 0.00 0.00
73837 EVIDENCE.COM PROFESSIONAL LICENSE
PAYMENT 12 2 468.00 468.00 936.00
73479 REDACTION ASSISTANT USER ACCESS
PAYMENT 12 23 108.00 108.00 2,484.00
20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 495.00 495.00 495.00
20286 FULL VR TASER 7 ADD-ON PAYMENT 12 23 150.00 150.00 3,450.00
Services
80129 SIGNAL ONLY OR ROUTER ONLY
INSTALLATION PER VEHICLE 23 0.00 0.00 0.00
Protect Life.Q-285598-44376.750CM
4
Year 1 (Continued)
Item Description Term
(Months)Quantity List Unit
Price Net Unit Price Total (USD)
Services (Continued)
79999 AUTO TAGGING / PERFORMANCE
IMPLEMENTATION SERVICE 1 0.00 0.00 0.00
85144 AXON STARTER 1 2,750.00 2,750.00 2,750.00
20382 FULL VR TRAINING ENTERPRISE (21 -50)
LICENSE 60 1 0.00 0.00 0.00
Subtotal 24,409.93
Estimated
Shipping 0.00
Estimated Tax 0.00
Total 24,409.93
Trade In Debit
Item Description Term
(Months)Quantity List Unit
Price Net Unit Price Total (USD)
Other
20104 TASER 7 TRADE-IN HANDLE QUANTITY 1 0.00 13,902.00 13,902.00
Subtotal 13,902.00
Estimated Tax 0.00
Total 13,902.00
Spares
Item Description Term
(Months)Quantity List Unit
Price Net Unit Price Total (USD)
Hardware
20008 TASER 7 HANDLE, YLW, HIGH VISIBILITY
(GREEN LASER), CLASS 3R 1 1,720.00 0.00 0.00
20040 TASER 7 HANDLE WARRANTY, 4-YEAR 1 300.00 0.00 0.00
73202 AXON BODY 3 -NA10 1 699.00 0.00 0.00
11507 MOLLE MOUNT, SINGLE, AXON RAPIDLOCK 1 0.00 0.00 0.00
11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 1 0.00 0.00 0.00
87063 TECH ASSURANCE PLAN BODY 3 CAMERA
PAYMENT 12 1 336.00 0.00 0.00
Other
73827 AB3 CAMERA TAP WARRANTY 60 1 0.00 0.00 0.00
Subtotal 0.00
Estimated Tax 0.00
Total 0.00
Protect Life.Q-285598-44376.750CM
5
Year 2
Item Description Term
(Months)Quantity List Unit
Price Net Unit Price Total (USD)
Hardware
22176 TASER 7 LIVE CARTRIDGE, CLOSE
QUARTERS (12-DEGREE) NS 46 0.00 0.00 0.00
22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-
DEGREE) NS 46 0.00 0.00 0.00
Other
73448 RESPOND DEVICE TO RESPOND DEVICE
PLUS LICENSE PAYMENT 12 23 192.00 192.00 4,416.00
20321 AXON CORE + PLAN WITH T7 CERT
PAYMENT 12 23 1,908.00 2,059.11 47,359.53
73837 EVIDENCE.COM PROFESSIONAL LICENSE
PAYMENT 12 2 468.00 468.00 936.00
73479 REDACTION ASSISTANT USER ACCESS
PAYMENT 12 23 108.00 108.00 2,484.00
20286 FULL VR TASER 7 ADD-ON PAYMENT 12 23 150.00 150.00 3,450.00
Subtotal 58,645.53
Estimated Tax 0.00
Total 58,645.53
Year 3
Item Description Term
(Months)Quantity List Unit
Price Net Unit Price Total (USD)
Hardware
22178 TASER 7 HOOK-AND-LOOP TRN (HALT)
CARTRIDGE, CLOSE QUART NS 46 0.00 0.00 0.00
22177 TASER 7 HOOK-AND-LOOP TRN (HALT)
CARTRIDGE, STANDOFF NS 46 0.00 0.00 0.00
22176 TASER 7 LIVE CARTRIDGE, CLOSE
QUARTERS (12-DEGREE) NS 46 0.00 0.00 0.00
22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-
DEGREE) NS 46 0.00 0.00 0.00
Other
73448 RESPOND DEVICE TO RESPOND DEVICE
PLUS LICENSE PAYMENT 12 23 192.00 192.00 4,416.00
73309 AXON CAMERA REFRESH ONE 1 0.00 0.00 0.00
73309 AXON CAMERA REFRESH ONE 23 0.00 0.00 0.00
Protect Life.Q-285598-44376.750CM
6
Year 3 (Continued)
Item Description Term
(Months)Quantity List Unit
Price Net Unit Price Total (USD)
Other (Continued)
20321 AXON CORE + PLAN WITH T7 CERT
PAYMENT 12 23 1,908.00 2,059.11 47,359.53
73689 MULTI-BAY BWC DOCK 1ST REFRESH 3 0.00 0.00 0.00
73837 EVIDENCE.COM PROFESSIONAL LICENSE
PAYMENT 12 2 468.00 468.00 936.00
73479 REDACTION ASSISTANT USER ACCESS
PAYMENT 12 23 108.00 108.00 2,484.00
20286 FULL VR TASER 7 ADD-ON PAYMENT 12 23 150.00 150.00 3,450.00
Subtotal 58,645.53
Estimated Tax 0.00
Total 58,645.53
Year 4
Item Description Term
(Months)Quantity List Unit
Price Net Unit Price Total (USD)
Hardware
22176 TASER 7 LIVE CARTRIDGE, CLOSE
QUARTERS (12-DEGREE) NS 46 0.00 0.00 0.00
22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-
DEGREE) NS 46 0.00 0.00 0.00
Other
73448 RESPOND DEVICE TO RESPOND DEVICE
PLUS LICENSE PAYMENT 12 23 192.00 192.00 4,416.00
20321 AXON CORE + PLAN WITH T7 CERT
PAYMENT 12 23 1,908.00 2,059.11 47,359.53
73837 EVIDENCE.COM PROFESSIONAL LICENSE
PAYMENT 12 2 468.00 468.00 936.00
73479 REDACTION ASSISTANT USER ACCESS
PAYMENT 12 23 108.00 108.00 2,484.00
20286 FULL VR TASER 7 ADD-ON PAYMENT 12 23 150.00 150.00 3,450.00
Subtotal 58,645.53
Estimated Tax 0.00
Total 58,645.53
Year 5
Item Description Term
(Months)Quantity List Unit
Price Net Unit Price Total (USD)
Hardware
22176 TASER 7 LIVE CARTRIDGE, CLOSE
QUARTERS (12-DEGREE) NS 46 0.00 0.00 0.00
Protect Life.Q-285598-44376.750CM
7
Year 5 (Continued)
Item Description Term
(Months)Quantity List Unit
Price Net Unit Price Total (USD)
Hardware (Continued)
22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-
DEGREE) NS 46 0.00 0.00 0.00
Other
73448 RESPOND DEVICE TO RESPOND DEVICE
PLUS LICENSE PAYMENT 12 23 192.00 192.00 4,416.00
73310 AXON CAMERA REFRESH TWO 1 0.00 0.00 0.00
73310 AXON CAMERA REFRESH TWO 23 0.00 0.00 0.00
20321 AXON CORE + PLAN WITH T7 CERT
PAYMENT 12 23 1,908.00 2,059.11 47,359.53
73688 MULTI-BAY BWC DOCK 2ND REFRESH 3 0.00 0.00 0.00
73837 EVIDENCE.COM PROFESSIONAL LICENSE
PAYMENT 12 2 468.00 468.00 936.00
73479 REDACTION ASSISTANT USER ACCESS
PAYMENT 12 23 108.00 108.00 2,484.00
20286 FULL VR TASER 7 ADD-ON PAYMENT 12 23 150.00 150.00 3,450.00
Subtotal 58,645.53
Estimated Tax 0.00
Total 58,645.53
Grand Total 272,894.05
Protect Life.Q-285598-44376.750CM
8
Summary of Payments
Payment Amount (USD)
Year 1 24,409.93
Trade In Debit 13,902.00
Spares 0.00
Year 2 58,645.53
Year 3 58,645.53
Year 4 58,645.53
Year 5 58,645.53
Grand Total 272,894.05
Discounts (USD)
Quote Expiration: 07/16/2021
List Amount 286,450.00
Discounts 13,555.95
Total 272,894.05
*Total excludes applicable taxes
Protect Life.Q-285598-44376.750CM
9
Notes
Execution of this quote will terminate contracts associated with Q-138107 (executed contract #00019739) with Axon and will start a new 60 month contract.
The parties agree that Axon is charging a debit of $13,902.00 (applied to Year 1 -Trade-In Debit) to capture the remaining value owed from previously deployed CEW
hardware. This debit is based on a ship date range of 7/15/2021-7/31/2021, resulting in a 8/15/2021 contract start date. Any change in this ship date and resulting contract
start date will result in modification of this debit's value which may result in additional fees due to or from Axon.
Axon is providing a discount of $20,853 to the year 1 program payment to offset the debit amount owed for the X2 contract. Without the $20,853 discount applied, the year 1
program payment amount would be $59,165.05, plus the $13,902.00 debit owed for a total of $73,067.05
Purchase of TASER 7 are governed by the TASER 7 Agreement located at https://www.axon.com/legal/sales-terms-and-conditions and not the Master Services and
Purchasing Agreement referenced below.
Tax is subject to change at order processing with valid exemption.
Axon’s Sales Terms and Conditions
This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement
(posted at www.axon.com/legal/sales-terms-and-conditions) and the Axon Customer Experience Improvement Program Appendix, which includes
the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at
www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room
purchase, if applicable. The Axon Customer Experience Improvement Program Appendix ONLY applies to Customers in the USA. In the event
you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it contemplates the
products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix.Any purchase order
issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you repres ent that you are lawfully
able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipali ty,or government agency for
whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, p lease do not sign this Quote.
Signature:CustSIG Date:CustDate
Name (Print):CustName Title:CustTitle
PO# (Or write
N/A):CustPo
Please sign and email to Claudia Mendiola at cmendiola@axon.com or fax to
Thank you for being a valued Axon customer. For your convenience on your next order, please check out our online store buy.axon.com
The trademarks referenced above are the property of their respective owners.
Protect Life.Q-285598-44376.750CM
10
***Axon Internal Use Only***
Review 1 Review 2
SFDC Contract #:
Order Type:
RMA #:
Address Used:
SO #:
Comments:
TOWN ADMINISTRATOR’S OFFICE Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jason Damweber, Assistant Town Administrator
Date: July 13, 2021
RE: Resolution 59-21 Approving the Exclusive Negotiation Agreement
between the Town of Estes Park and AmericaWest Housing Solutions and
Consolidated Housing Solutions
PUBLIC HEARING ORDINANCE LAND USE
X CONTRACT/AGREEMENT X RESOLUTION OTHER
QUASI-JUDICIAL YES X NO
Objective:
Approve the Exclusive Negotiation Agreement between the Town of Estes Park and
AmericaWest Housing Solutions and Consolidated Housing Solutions (referred to as
“AmericaWest” in this memorandum).
Present Situation:
The most recent Housing Needs Assessment completed for the Estes Valley in 2016
identified the need for approximately 1,600 additional units for workforce housing. With
prices for housing increasing dramatically in recent years, it is reasonable to assume
that the situation has only worsened since then. The Town has very limited options for
utilizing its own property to help address the need, with the 75-acre Fish Hatchery site
being by far the largest and likely most suitable for this type of development.
Currently, the Fish Hatchery site has four Town staff rental units, several storage
buildings, the O’Connor Pavilion, and the Hydroplant Museum buildings, all of which are
actively used on the property. Most of the property remains undeveloped. The property
is adjacent to Rocky Mountain National Park on the south and west sides, with the
Aspenglen Campground immediately to the west.
The Town previously engaged AmericaWest as a partner to develop the property in
2018. The parties were not successful at negotiating a development agreement at that
time. Earlier this year, the Town issued a revamped Request for Proposals to identify a
partner to develop workforce housing on the Fish Hatchery site. AmericaWest was the
unanimous choice of the selection committee (made up of Town staff, elected officials,
and a representative of the Estes Park Housing Authority) to partner with the Town.
Page 47
The attached Exclusive Negotiation Agreement, if approved, would formalize the
negotiations with AmericaWest and initiate a process to plan, design, and construct
workforce housing on the Fish Hatchery site.
Proposal:
Staff proposes that the Board approve the Exclusive Negotiation Agreement between
the Town of Estes Park and AmericaWest Housing Solutions and Consolidated Housing
Solutions.
Advantages:
The workforce housing development project would:
•Increase the number of available workforce housing units in the Estes Valley.
•Serve as a recruitment and retention tool for community staffing needs.
•Utilize a large, Town-owned parcel that is mostly vacant and is unlikely to be
developed solely for Town of Estes Park use.
•Extend infrastructure closer to the boundary of Town limits.
•Likely increase the use of the Hydroplant Museum and other amenities in the
area.
Disadvantages:
•Impacts to the surrounding neighborhood and RMNP, presumably with increased
traffic and noise.
•The subdividing, rezoning, and development of the property will change how the
site can be used, including the potential for Town of Estes Park government
uses.
Action Recommended:
Approval of the Exclusive Negotiation Agreement between the Town of Estes Park and
AmericaWest Housing Solutions and Consolidated Housing Solutions.
Finance/Resource Impact:
To be determined during the development agreement negotiations.
Level of Public Interest
High
Sample Motions:
•I move to approve Resolution 59-21.
Attachments:
1. Resolution 59-21
2.Exclusive Negotiation Agreement
Page 48
RESOLUTION 59-21
APPROVING THE EXCLUSIVE NEGOTIATION AGREEMENT BETWEEN
THE TOWN OF ESTES PARK AND AMERICAWEST HOUSING SOLUTIONS AND
CONSOLIDATED HOUSING SOLUTIONS LLC
WHEREAS, the Town Board wishes to enter the exclusive negotiation
agreement referenced in the title of this resolution for the purpose of negotiating a
Development Agreement for the redevelopment of the Town-owned Fish Hatchery site
into workforce housing.
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 exclusive negotiation
agreement referenced in the title of this resolution in substantially the form now before
the Board.
DATED this day of , 2021.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
ATTACHMENT 1
Page 49
EXCLUSIVE NEGOTIATION AGREEMENT
THIS EXCLUSIVE NEGOTIATION AGREEMENT (the "Agreement") dated
2021, is made by and between the Town of Estes Park, Colorado, a body
corporate and politic of the State of Colorado (the "Town”), AmericaWest Housing Solutions, a
Colorado non-profit corporation, and Consolidated Housing Solutions, LLC, a Missouri limited
liability company,(AmericaWest Housing Solutions and Consolidated Housing Solutions, LLC
collectively the “Developer”), which may be referred to individually herein as a “Party” or
collectively herein as the “Parties.”
In consideration of the following mutual covenants and other good and valuable
consideration, the sufficiency and adequacy of which are hereby acknowledged, the Parties agree
as follows:
1. Development Project. Pursuant to a competitive bidding procedure established by the
Town, the Developer submitted a proposal dated April 16, 2021 (“Proposal”), concerning the
redevelopment of the real property depicted on the attached map, labeled Exhibit A, and
incorporated herein by this reference, and which includes the existing Town-owned structures on
Fish Hatchery Road (the "Property").
The Proposal provides for the redevelopment of the Property to deliver Workforce Housing for the
Estes Valley.
The Parties acknowledge that the Proposal is conceptual and a starting point for negotiations.
Such Property and Proposals described in Section 1 above shall be referred to collectively in this
Agreement as the "Project."
The Town acknowledges that the Developer, in entering into this Agreement, will be seeking
significant financial participation as indicated in their Proposal. Further, the Parties agree that the
information in the Proposal is based on a conceptual design that is subject to change and is merely
a starting point for negotiations and nothing in this Agreement is commitment by the Town to such
financial participation.
On May 22, 2021, the RFP Review Committee recommended the Developer as the Town’s
preferred developer" with which to enter into an exclusive negotiation agreement for
redevelopment of the Property as described above as the Project. Such selection and the execution
of this Agreement shall not be deemed acceptance of the Proposal or of the Developer by the
Town. The Project shall not be deemed accepted until the Parties execute a mutually agreeable
Development Agreement (the "DA"), which may differ substantially from the Project; provided,
however, failure of the Parties to agree upon a material revision or alteration of the Project, without
ATTACHMENT 2
Page 50
Page 2 of 10
more negotiation, shall not constitute a violation of this Agreement, including the obligation of the
Parties to negotiate in good faith to continue to negotiate the DA.
2. Exclusive Negotiations. The Parties agree that for a period beginning the effective date
and expiring on January 31, 2022 (the "Negotiation Period"), they will negotiate exclusively and
in good faith with one another in an effort to reach a mutually acceptable DA. The Negotiation
Period may be extended only by written amendment of this Agreement authorized and executed
by the Parties. This Agreement shall terminate upon expiration of the Negotiation Period.
3. DA Timeline. The Parties shall endeavor to meet the following target dates for the
development of the DA:
TARGET DATE ITEM
JULY 13, 2021 Effective date of this Agreement.
AUGUST-OCTOBER 2021 Community outreach and participation.
OCTOBER 2021 Developer delivers preliminary site plan that
includes the location of various elements of
the Project to Town for initial review and
feedback.
NOVEMBER 2021 Preliminary pro forma and construction
budget and definition of the Project site.
NOVEMBER/DECEMBER 2021 Town Board review of site plan, pro forma
and construction budget, preliminary terms,
and definition of Project site.
JANUARY 2022 Complete preliminary term sheet that
includes the major terms and conditions,
including financing for the DA; Complete
first draft of the DA to be brought before
Town Board for review and consideration.
5. Developer's Duties and Covenants. The Developer warrants and covenants as follows:
Page 51
Page 3 of 10
a. Developer inspected and is reasonably familiar with the general character and
location of the Property. For purposes of this section, Developer assumes all areas of land have
not had a Phase 2 environmental study performed. The Town will provide the Developer with all
available documentation regarding the environmental conditions, including all actions taken by
the Town to abate, remediate and/or cure any known environmental conditions.
b. The Developer understands and acknowledges that the Property is subject to certain
legal requirements, including the Estes Park Development Code, as amended, and all applicable
law. The DA may include proposals to reasonably modify any such requirements.
c. Developer hereby certifies to the best of Developer’s actual knowledge that it
possesses the legal ability, and the ability to obtain, adequate financing to develop the Property by
constructing the improvements contemplated by the Proposal. Subject to normal financing
contingencies and market conditions, the Developer knows of no reason or circumstance that will
preclude its ability to obtain adequate financing. This warranty by Developer is subject to the
Project not materially deviating from the current Proposal.
d. The Developer will disclose to the Town, prior to the execution of the DA, its
principals, officers, stockholders, partners, joint venturers, members, guarantors, and other
interested persons that will be involved in the ownership of the special purpose entity(ies) that will
develop and operate the real property and improvements located thereon of the Project. The Town
acknowledges and agrees that the ownership composition of such entities has not been finalized.
e. As part of the Developer's obligations under this Agreement, the Developer shall
reasonably cooperate with the Town, its owner’s representatives, attorneys, legal advisers,
consultants, Town staff and others involved in the negotiation of the DA.
f. The Developer shall submit to the Town periodic reports as reasonably requested
by the Town, regarding the progress of studies, reports, plans, designs and other activities that
affect the negotiation of the DA. Reports made by the Developer at scheduled meetings shall
satisfy this Agreement.
g. The Developer shall provide, at its own expense, the professional services
necessary to complete the preliminary site design and conceptual rendering for the Project
Professional Expenses”), in a form reasonably satisfactory to the Town.
h. The Developer shall provide tenant commitment(s) for any retail space agreed upon
in the DA, at terms that are reasonably satisfactory to the Town. Developer agrees to provide
market comparables to the Town in an effort to verify market rates.
i. The Developer shall provide market studies (“Market Studies”) that demonstrate
rental and housing demand, in a form reasonably acceptable to the Town.
j. The Developer shall complete, at its own expense, site design and conceptual
design renderings for the Project, in a form reasonably acceptable to the Town.
Page 52
Page 4 of 10
k. The Developer agrees to engage in a community outreach and participation effort
to solicit public input on design as outlined in the Developer’s Proposal.
6. Town Duties and Covenants. The Town represents, warrants, and covenants as follows:
a. The Town will provide current and future site data in the Town’s possession,
including maps and civil surveys, required to complete the preliminary Project site design and
concept design, full utility and parcel maps, and title work on any portions of the Property to be
conveyed.
b. The Town will provide access to and prioritization of the Town’s internal design
review team.
c. The Town agrees to dedicate sufficient staff to ensure timely input and review of
conceptual design renderings.
d. The Town agrees to make available space for meetings at no cost to the Developer,
to provide all available documents related to the project site, and other information as necessary.
e. The Town acknowledges that it has no claim to any work product including, but
not limited to: site design, conceptual renderings, and Market Studies. In the event that the parties
fail to reach an agreement, the Town is not entitled to use any work product without prior
agreement from the Developer.
f. During the term of this Agreement, the Town may request certain deliverables (i.e.
Phase 2 environmental studies, surveys, specific market reports, etc.) it deems necessary to
continue negotiation with the Developer. The Developer shall provide the requested deliverables
to the Town upon request. The Parties shall agree in writing as to each individual deliverable
subject to the terms of this Paragraph. In the event that this Agreement is terminated, or the Parties
fail to execute the negotiated DA, the Town shall reimburse the Developer for Developer’s costs
in preparation of the designated deliverable(s).
7. Developer and Town Duties. The Developer and the Town agree to negotiate in good
faith to complete the following no later than the close of business on January 11, 2022, subject to
the Project timeline set forth in Section 3 above:
a. A term sheet describing the terms and conditions of the DA;
b. The first draft of the DA to be brought before Town Board for review and
consideration;
c. Subject to further change and revision as the Project progresses, the Project budget
and redevelopment pro forma; and
Page 53
Page 5 of 10
d. To dedicate staff as needed to complete a term sheet and DA as set forth in this
Agreement, including bi-weekly meetings at the Town beginning in July 2021 through the
completion of the draft DA.
8. Access to Property. At any reasonable time, the Developer, its employees, agents or
contractors may enter upon the Property at the sole risk of the Developer for the purpose of making
inspections or conducting such reasonable tests, investigations, studies, audits, surveys and
reviews and for the purpose of removing samples from the Property in connection with the design
and construction of the Project. Immediately after such entry on the Property, the Developer shall
restore the Property to substantially the same condition it was in prior to such entry. The Developer
shall indemnify and hold harmless the Town, and Town Board members, employees, agents,
consultants, insurance provider and attorneys for any loss, damage or claims of any loss or damage
including reasonable legal fees) resulting from any such entry, tests and surveys. The Town may
require the Developer and any other person seeking such entry to sign reasonable and customary
license agreements and other documents confirming the terms of this provision. This section is
subject to any rights of the Town’s tenants on the Property.
9. Indemnification. The Developer shall indemnify and hold officials, officers, employees,
agents, and insurance provider for and against any loss, damage, or claims of any loss or damage,
including reasonable legal fees, resulting from any action, representation, commitment or activity
of the Developer in connection with the proposed redevelopment of the Property.
10. No Assignment. This Agreement may not be assigned, in whole or in part, by either Party
without the prior written consent of the other Party. The Town recognizes that the Developer
intends to form separate, special purpose entity(ies) to develop, own and operate real property and
the improvements thereon of the Project, and that assignments may be required in connection with
such activities. Approval of any such assignment(s) shall not be unreasonably withheld by the
Town.
11. Covenant Against Contingent Fees and Costs. The Town shall not be liable for any
fees or costs, including real estate commissions or brokerage fees, or costs of studies, reports, or
other documents that may arise as a consequence of any transaction involving this Agreement or
the Property or any part thereof. The Parties represent that neither has engaged a broker, agent or
finder in connection with this Agreement or in connection with the sale and transfer of the Property
or any part thereof.
12. Town not a Partner. Notwithstanding any language in this Agreement or any other
agreement, representation or warranty to the contrary, the Town shall not be deemed to be a partner
or joint venturer of the Developer, or any operator or manager of the Project, and the Town shall
not be responsible for any debt or cost of the Developer except as specified in Section 6.f.
13. Defaults; Remedies. Upon a default by the other Party, and provided that such Party has
not cured the default within twenty (20) days of the receiving written notice thereof, the remedies
of the respective Parties under this Agreement shall be as follows:
Page 54
Page 6 of 10
a. If the Developer fails to substantially observe or perform any covenant, obligation
or agreement required under this Agreement, with the exception of indemnification and hold-
harmless obligations, the sole and exclusive remedy of the Town shall be to cancel and rescind the
Agreement.
b. If the Town fails to substantially observe or perform any covenant, obligation or
agreement required under this Agreement, Developer shall be entitled to cancel and rescind the
Agreement. The Developer shall not be entitled to any other legal or administrative remedy, action
or proceeding including, without limitation, the right to seek damages, specific performance, or to
seek any other right or remedy at law or in equity. The Developer shall be responsible for bearing
all its costs and expenses, direct or indirect, in connection with the Project, this Agreement or the
DA except as specified in Section 6.f.
14. No Other Rights or Remedies. Notwithstanding any language in the Agreement or any
other agreement, document or communication to the contrary, the Project shall not be deemed
accepted by the Parties until the DA is executed by both Parties. The rights and remedies of the
Parties are specifically limited to those set forth in this Agreement and no rights to specific
enforcement or in the nature of equitable conversion will be deemed to have been created with
respect to the Project, the Property or otherwise.
15. Non-liability for Certain Persons. No Town Board member, employee, agent,
consultant, underwriter, insurance provider, or attorney of the Town shall be personally liable to
the Developer under this Agreement or in the event of any default or breach by the Town under
this Agreement.
16. Conflicts of Interest. None of the following shall have any personal interest, direct or
indirect, in this Agreement: a member of the governing body or an employee of the Town who
exercises responsibility concerning the Project, or an individual or firm retained by the Town, who
has performed or will perform consulting or legal services in connection with the Project. Nor
shall any of the above persons or entities make any decisions relating to this Agreement that affect
his or her personal interest or the interest of any corporation, partnership or association in which
he or she is directly or indirectly interested.
17. Notices. A notice or demand under this Agreement by any Party to the other shall be in
writing and sufficiently given if delivered in person or via overnight courier service with
guaranteed next-day delivery or by certified mail, return receipt required, postage prepaid, and;
a. in the case of the Developer, is addressed or delivered to the Developer as follows:
AmericaWest Housing Solutions
Attn: Mr. Keith Meier
P.O. Box 9024
Woodland Park, CO 80866
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Consolidated Housing Solutions, LLC
Attn: Mr. Kelley Hrabe
416 W. 62nd Street
Kansas City, MO 64113
with a copy to:
Spencer Fane LLP
Attn: Shawn Whitney, Partner
2144 E. Republic Road, Suite B300
Springfield, MO 65804
b. in the case of the Town, is addressed or delivered to the Town as follows:
Town Administrator’s Office
Attn: Jason Damweber, Assistant Town Administrator
Town of Estes Park
P.O. Box 1200
Estes Park, CO 80517
with a copy to:
Town Attorney
Town of Estes Park
P.O. Box 1200
Estes Park, CO 80517
or at such other address with respect to any such Party as that Party may, from time to time,
designate in writing and forward to the other as provided in this section.
18. Authorized Contacts for Communications. The Developer and the Town agree that
each shall designate at least one individual as a point of contact for all communications pursuant
to this Agreement. The Town designates Jason Damweber, Assistant Town Administrator, as its
contact and the Developer designates Keith Meier and Kelley Hrabe as its contacts.
19. Applicable Law and Venue. The laws of the State of Colorado shall govern the
interpretation and enforcement of this Agreement and exclusive venue shall be in the Larimer
County District Court.
20. Confidentiality. Pursuant to the Colorado Open Records Act, C.R.S. §§ 24-72-201 et
seq. (“Act”), all information provided to the Town is subject to public disclosure unless it meets
one of the exceptions set forth in the Act. To avoid disclosure of trade secrets, privileged
information, or confidential commercial, financial, geological, or geophysical data (“Confidential
Information”), the Developer must clearly mark all Confidential Information as such and provide
a written, detailed justification to the Town of the protected nature of the Confidential Information
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under Colorado law. This justification must address, at a minimum, the specific competitive harm
that may result from any disclosure, the intrinsic value of the Confidential Information to the
Developer, and any safeguards the Developer uses to protect the Confidential Information from
disclosure. By executing this Agreement, the Developer agrees to hold the Town harmless from
any claim arising from the release of Confidential Information not clearly marked as such by the
Developer or lacking written, detailed justification supported in the Town’s determination by
Colorado law.
21. Financial Obligations. All the Town’s financial obligations under this Agreement are
contingent upon appropriation, budgeting, and availability of specific funds to discharge those
obligations. Nothing in this Agreement constitutes a debt, a direct or indirect multiple fiscal year
financial obligation, a pledge of the Town’s credit, or a payment guarantee by the Town to
Developer.
22. Obligations Joint and Several. All obligations of the Developer shall be joint and
several obligations of the two entities comprising the Developer.
IN WITNESS WHEREOF, the Town and the Developer have caused this Agreement to be
duly executed as of the day first above written.
DEVELOPER:
AmericaWest Housing Solutions
By: _________________________________
Mr. Keith Meier
Title:
Consolidated Housing Solutions, LLC
By: __________________________________
Mr. Kelley Hrabe
Title:
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TOWN:
Town of Estes Park, Colorado
By:
Mayor
ATTEST:
By:
Town Clerk
APPROVED AS TO FORM:
By:
Town Attorney
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Exhibit A
Page 59
____________________________________________________________________________________________________________________
THE ESTES VALLEY CONTRACTORS ASSOCIATION P.O. BOX 416 ESTES PARK, CO 80517 (970) 231-6200
The Estes Valley Contractors Association
July 12, 2021
Town of Estes Park
170 MacGregor Avenue
Estes Park, CO 80517
To the Board of Trustees:
Regarding the proposal to enter into a contract with America West for development services
for workforce housing at the Town’s Fish Hatchery property, we are very concerned about this
selection and recommend that the Trustees reconsider the committee recommendation.
We have two major concerns:
1)Several years ago, the Town contracted with America West, worked with them for two
years, with no resulting development or buildable plans. It defies logic to go down this
same path, potentially wasting more time and our tax-payers money, when we are in a
housing crisis. The community must have a very good explanation for this choice before
entering into a contract with this company, again. If not, this decision should be tabled
and reconsidered.
2)For the second time in the past four years, an out-of-town development company has
been selected to pursue this work. It is an insult to the local developers, builders, and
design professionals to ignore their knowledge and expertise in building residential
projects in the Estes Valley. We are the very people who are invested in the community,
employ local people, buy from local vendors, pay local taxes, raise our families here, and
struggle with the housing shortage.
Although members of the Contractors Association are more directly impacted by this decision,
in discussion with others in the local community it is clear that a lot of people are befuddled by
this decision. Generally speaking, people are fed up with the town government’s failure to get
anything done to address this crisis in a timely manner.
Respectfully,
Town Advisory Committee
Estes Valley Contractors Association
Public Comment received by 12pm 07-13-2021
TOWN CLERK’S OFFICE Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jackie Williamson, Town Clerk
Date: July 13, 2021
RE: Interview Committee for the Environmental Sustainability Task Force
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
To appoint Town Board members to the interview committee for the newly formed
Environmental Sustainability Task Force.
Present Situation:
The Task Force would consist of approximately twelve members appointed for
approximately 6 months. The Town Clerk’s office has advertised the openings and
currently is currently accepting applications through July 13, 2021.
Proposal:
Policy 101 Section 6 states all applicants for Town Committees/Boards are to be
interviewed by the Town Board, or its designee. Any designee will be appointed by the
Town Board. Therefore, two members of the Board would interview all interested
applicants for the Task Force position.
Advantages:
To move the process forward and allow interviews to be conducted of interested
applicants.
Disadvantages:
None.
Action Recommended:
To appoint two Trustees to the interview committee.
Finance/Resource Impact:
None.
Level of Public Interest
Low.
Sample Motion:
I move to approve/deny the appointment of Trustees __________ and ___________ to
the Environmental Sustainability Task Force interview committee.
Attachments:
None.