HomeMy WebLinkAboutPACKET Town Board 2022-12-13The 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
Tuesday, December 13, 2022
7:00 p.m.
In Person Meeting – Mayor, Trustees, Staff and Public
ADVANCED PUBLIC COMMENT
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.,
Thursday, December 13, 2022. All comments will be provided to the Board for consideration during
the agenda item and added to the final packet.
REMOTE PUBLIC PARTICIPATION WILL NO LONGER BE AVAILABLE IN 2023
REMOTE PUBLIC PARTICIPATION DURING BOARD MEETING
Remote participation in the meeting will be available by call-in (telephone) or online via Zoom Webinar
which will be moderated by the Town Clerk’s Office. 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.
CALL-IN (TELEPHONE):877-853-5257 (toll-free) Webinar ID: 982 1690 2040
ONLINE (ZOOM WEBINAR): https://zoom.us/j/98216902040 Webinar ID: 982-1690-2040.
PLEDGE OF ALLEGIANCE.
(Any person desiring to participate, please join the Board in the Pledge of Allegiance).
AGENDA APPROVAL.
SWEARING-IN CEREMONY FOR NEW CHIEF OF POLICE DAVID HAYES.
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 November 22, 2022, Town Board Study Session Minutes
dated November 22, 2022, and Town Board Special Study Session Minutes dated
November 17, 2022 and December 6, 2022.
3.Family Advisory Board minutes dated November 3, 2022 (acknowledgement only).
Prepared 12-02-2022
*
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
4.Transportation Advisory Board Minutes dated October 19, 2022 (acknowledgement
only).
5.Parks Advisory Board Minutes dated October 20, 2022 (acknowledgement only).
6.Resolution 94-22 IGA with Rocky Mountain National Park and the Estes Park Police
Department for Mutual Law Enforcement and Other Emergency Services Assistance.
7.Resolution 99-22 Grant Agreement with History Colorado to Extend the Birch Ruins
Elevated Walkway.
8.Letter of Support for Recycling Resources Economic Opportunity (RREO) Grant
Program from the Colorado Department of Public Health and Environment.
9.Resolution 100-22 Professional Services Contract Amendment Four with SAFEbuilt
Colorado, LLC, for renewal of Building Safety Services Contract, 2023.
10. Resolution 101-22 Contract with Courtenay Patterson for Assistant Municipal Judge
Services through April 23, 2024.
11. Resolution 102-22 Bulk Water Service Agreement with Spruce Knob Water Company.
LIQUOR ITEMS:
1. RESOLUTION 103-22 TO CONSIDER A NEW LODGING & ENTERTAINMENT
LIQUOR LICENSE APPLICATION FOR ESTES PARK CATERING LLC DBA
JUBILATIONS CATERING, 215 VIRGINIA DRIVE. Town Clerk Williamson.
To consider a new liquor license application and to consider the needs and desires of
the neighborhood.
ACTION ITEMS:
1.RESOLUTION 104-22 SUPPLEMENTAL BUDGET APPROPRIATIONS #7 TO THE
2022 BUDGET. Director Hudson.
To amend the 2022 Budget including funding for final year end estimates and
contracted services.
2. ORDINANCE 19-22 RIGHT-OF-WAY VACATION, PINE ROAD PLATTED WITHIN
THE JAMES-MCINTYRE SUBDIVISION, 1630 FALL RIVER ROAD, BRIAN
HANSEN, HANSEN AND DALE RESORTS LLC/APPLICANT. Planner Woeber.
Application to vacate Pine Road right-of-way, a road which was platted in 1947 and
never constructed.
3.ORDINANCE 20-22 AMENDING THE ESTES PARK MUNICIPAL CODE SECTION
5.20 REGARDING BUSINESS LICENSES. Town Clerk Williamson.
The ordinance would address items such as but not limited to removing pro-ration for
licensing, add regulations for fractional ownership, and additional regulations for
vacation home license transfers.
4.INTERVIEW COMMITTEE FOR THE LOCAL MARKETING DISTRICT. Town Clerk
Williamson.
5. INTERVIEW COMMITTEE FOR THE PARKS ADVISORY BOARD. Town Clerk
Williamson.
6. INTERVIEW COMMITTEE FOR THE LARIMER COUNTY SOLID WASTE POLICY
ADVISORY COUNCIL. Town Clerk Williamson.
ADJOURN.
Town Board Meeting for December 27, 2022 Has Been Cancelled.
Town of Estes Park, Larimer County, Colorado, November 22, 2022
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 in said Town
of Estes Park on the 22nd day of November, 2022.
Present: Mayor Wendy Koenig
Trustees Marie Cenac
Kirby Hazelton
Barbara MacAlpine
Patrick Martchink
Cindy Younglund
Also Present: Travis Machalek, Town Administrator
Jason Damweber, Assistant Town Administrator
Dan Kramer, Town Attorney
Bunny Victoria Beers, Deputy Town Clerk
Absent: Trustee Scott Webermeier.
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 (Younglund/MacAlppine) to approve the Agenda, and it
passed .
PUBLIC COMMENTS.
Bob Fixter/Town citizen expressed disappointment with the Board decision to move
forward with the implementation of the workforce housing regulatory linkage fee in 2023.
TRUSTEE COMMENTS.
Trustee comments have been summarized: Several Trustees attended a ceremony at
the Estes Park Veterans Monument on Veterans Day. The Estes Park Planning
Commission approved the Estes Forward Comprehensive Plan which would be
considered by the Board on December 6, 2022. The League of Women’s Voters held a
Solid Waste Program with presentations on the construction of the new Larimer County
landfill and proper disposal of used batteries. Trustees MacAlpine and Cenas hosted
the November Trustee Talk with major topics of discussion on the Fish Hatchery project
and the Downtown Estes Loop project and the public was encouraged to attend future
sessions to engage with the Board on local issues. Trustee Cenac would attend the
Professional Rodeo Cowboy Association in Las Vegas. A number of Trustees attended
the Catch the Glow parade float sneak peak and encouraged the public to attend the
parade. Police Auxiliary met virtually due to the rise in COVID and other respiratory
illnesses and Blue Santa Program donations would be collected through December 4,
2022 with distribution taking place on December 10, 2022. The Parks Advisory Board
(PAB) passed the annual review of the Art in Public Places with no changes; a new
bench was installed at Mrs. Walsh’s Garden; and the Estes Valley Open Space Plan
and the Sustainability Task Force Report to identify items to incorporate into 2023 PAB
goals. Restorative Justice Board welcomed Luis Smith to handle contract work and the
Better To-Go Fundraiser dinner would be held on November 30, 2022, as a take home
meal to raise funds for the program. The Transportation Advisory Board meeting
discussed the Cleave Street project, a parking presentation and the Downtown Estes
Loop. Residents were encouraged to complete the Estes Valley Fire Protection District
Community Survey regarding their consideration of a mill-levy and bond question for a
May 2023 election. Mayor Koenig and Trustees attended the Holiday Tree Lighting.
TOWN ADMINISTRATOR REPORT.
Town Administrator Machalek stated the Catch the Glow parade would take place the
Friday following Thanksgiving Day and Police Department Chief David Hayes would
DR
A
F
T
Board of Trustees – November 22, 2022 – Page 2
begin employment on November 28, 2022 and an official swearing in would take place
on December 13, 2022.
1. CONSENT AGENDA:
1. Bills.
2. Town Board Minutes dated November 8, 2022, Town Board Study Session
Minutes dated November 8, 2022 and Special Study Session Minutes dated
November 10, 2022
3. Estes Park Board of Adjustment Minutes dated September 13, 2022
(acknowledgement only).
4. Estes Park Planning Commission Minutes dated September 20, 2022 and Study
Session Minutes dated October 18, 2022 (acknowledgement only).
5. Family Advisory Board Minutes dated September 1, 2022 and Special Meeting
Minutes dated September 27, 2022 (acknowledgement only).
6. Appointment of Chris Pawson to the Estes Park Planning Commission to
Complete the Term of Janene Centurione Expiring March 31, 2028.
7. Resolution 96-22 Intergovernmental Agreement with the State of Colorado
Department of Local Affairs for a Grant to Support Broadband Initiative Planning
and Implementation.
8. Resolution 97-22 Setting the Public Hearing for a New Lodging & Entertainment
Liquor License Application for Estes Park Catering LLC dba Jubilations Catering,
215 Virginia Drive, Estes Park, Colorado, 80517.
It was moved and seconded (Cenac/Hazelton) to approve the Consent Agenda,
and it passed unanimously.
ACTION ITEMS:
1. RESOLUTION 95-22 CONSTRUCTION CONTRACT WITH DIETZLER
CONSTRUCTION CORPORATION FOR THE CONSTRUCTION OF THE FALL
RIVER TRAIL EXTENSION. In 2020, the Town was awarded a Transportation
Alternative Program (TAP) grant for $955,000 and a Multi Modal Options Fund
(MMOF) grant for $448,226 to construct 0.5-miles of the Fall River Trail. The project
would connect a substantial incomplete gap between completed east and west
portions of the trail including a 10-foot wide, reinforced concrete multimodal path, six
retaining walls, and a transit bus pad. Completing the trail would improve safety for
pedestrians and bicyclists along Fall River Road and supports the implementation of
the Estes Valley Master Trails Plan. A single bid was received from Dietzler
Construction Corporation in the amount of $3,220,674.38. Engineer Bailey stated
construction costs exceeded the original project estimate and funds were
appropriated at the November 10, 2022 meeting. Staff recommended approval of the
Fall River Trail Extension (TAP & MMOF) construction contract with Dietzler
Construction Corporation in the amount of $3,220,674.38, and to authorize staff to
spend an additional $29,325.62 if needed to address unanticipated conditions
encountered during construction for a maximum expenditure of $3,250,000. Board
questions were related to the remaining incomplete trail after project completion and
which contractors were used for the completed portions of the trail. It was moved
and seconded (Martchink/Younglund) to approve Resolution 95-22, and it passed
unanimously.
Whereupon Mayor Koenig adjourned the meeting at 7:22 p.m.
Wendy Koenig, Mayor
Bunny Victoria Beers, Deputy Town Clerk
DR
A
F
T
Town of Estes Park, Larimer County, Colorado November 22, 2022
Minutes of a Study Session meeting of the TOWN 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 22nd day of
November, 2022.
Board: Mayor Koenig, Mayor Pro Tem Webermeier, Trustees
Cenac, Hazelton, MacAlpine, Martchink, and Younglund
Attending: Mayor Koenig, Trustees Cenac, Hazelton, MacAlpine,
Martchink, and Younglund
Also Attending: Town Administrator Machalek, Assistant Town Administrator
Damweber, Town Attorney Kramer, and Recording
Secretary Disney
Absent: Mayor Pro Tem Webermeier
Mayor Koenig called the meeting to order at 5:15 p.m.
HOUSING NEEDS ASSESSMENT AND STRATEGIC PLAN CHECK-IN.
Assistant Town Administrator Damweber and Mollie Fitzpatrick of Root Policy Research
presented preliminary findings and strategies. Preliminary findings highlighted the
insufficient growth of housing units over the last decade, job growth in the region, socio-
economic trends, housing costs outpacing income, the 2016 Housing Needs
Assessment, and community and stakeholder engagement. The draft Housing Action
Plan would build upon the work of the Estes Park Housing Authority, Town of Estes
Park Lodging Tax Exploration Task Force, recommendations from the 2016 Housing
Needs Assessment, research and observations, and input from this discussion.
Strategies would include generating resources for affordable housing, supporting
development of dedicated affordable housing, maintain existing affordable housing, and
access to resident housing services and programs. The Board discussed income levels
of residents, community engagement, a lease to locals’ program, incentives for
converting short-term rentals to long-term rentals, data on commuters’ interests for
residency, cultural needs and demographics, and housing needs by household types.
ROOFTOP RODEO OPERATIONS OVERVIEW.
Director Hinkle provided an overview of Rooftop Rodeo operations. He highlighted 2022
operations and ticket sales, previous cooperation with Estes Park Western Heritage Inc
and their recent dissolution, Town management of operations, and next steps for
contracting with an entity to assist with 2023 operations. The Rooftop Rodeo would be
held July 5 – 10, 2023 with a parade on July 6, 2023. The Board discussed the number
of contractors which provide rodeo operations.
TRAILBLAZER ANNUAL UPDATE.
Superintendent Lockhart and Manager Smith provided an annual update on the
Trailblazer Broadband Utility. They highlighted sales, marketing, and call center
performance, net positive revenues of the utility, upcoming bond payments, current
status of the build-out with 39 out of 58 cabinet complete, expected completion of the
fiber build-out in 2024, improved efficiency in operations and construction, unexpected
staff turnover, and supply chain delays. The Board discussed next steps following the
completion of construction and installation, maintenance expectations, history of
external work orders, Trailblazer installation at the Events Center, the Fish Hatchery
workforce housing project, the additional cabinet areas, reasons for customer churn,
and issues with wildlife.
DR
A
F
T
Town Board Study Session – November 22, 2022 – Page 2
TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS.
None.
FUTURE STUDY SESSION AGENDA ITEMS.
Town Administrator Machalek requested and it was determined to schedule a
presentation on US34 Transportation Management Organization for February 14, 2023,
a presentation from Rocky Mountain National Park on visitor use management for
December 13, 2022, and add an update on Workforce/Affordable Housing and
Childcare Funding to items approved unscheduled.
There being no further business, Mayor Koenig adjourned the meeting at 6:35 p.m.
Kimberly Disney, Recording Secretary
DR
A
F
T
Town of Estes Park, Larimer County, Colorado, November 17, 2022
Minutes of a Special meeting of the Board of Trustees of the Town of Estes
Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of
Estes Park on the 17th day of November, 2022.
Present: Wendy Koenig, Mayor
Scott Webermeier, Mayor Pro Tem
Trustees Marie Cenac
Kirby Hazelton
Barbara MacAlpine
Patrick Martchink
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 5:30 p.m.
AGENDA APPROVAL.
It was moved and seconded (Hazelton/Younglund) to approve the Agenda, and it
passed unanimously.
Trustee Cenac arrived at 5:33 p.m.
ACTION ITEMS:
1.RESOLUTION 92-22 SUPPLEMENTAL BUDGET APPROPRIATIONS #6.
Director Hudson presented the supplemental budget appropriations #6.
Amendments would provide funding to award the construction contract for Fall River
Trail Project improvements and match funding for the Downtown Estes Loop project
pending Board approval. Appropriations would increase by $2,270,000. Director
Hudson provided background on the process for budget appropriations and it was
moved and seconded (Webermeier/Younglund) to approve Resolution 92-22,
and it passed with Trustee Cenac voting “no”.
2.RESOLUTION 93-22 APPROVING THE THIRD MODIFICATION TO THE
MEMORANDUM OF AGREEMENT, THE SIXTH MODIFICATION TO THE
REIMBURSABLE AGREEMENT, AND A FUNDS TRANSFER AGREEMENT FOR
PROJECT FUNDING OF THE DOWNTOWN ESTES LOOP. Completion of the
Downtown Estes Loop project requires an additional $1 million in local match funds.
At the Town Board Study Session on November 8, 2022, staff were directed to return
with the three options for additional consideration at a special meeting to allow for
public input. Director Muhonen reviewed the timing of the project, the three options,
and the advantages and disadvantages of each. Option 1 would cease all future
work and terminate the project. Option 2 involved canceling current project
solicitation to readvertise the project in six to twelve months and would be necessary
should the Board refer the question to the voters. Option 2 would also allow a Board
level decision to move forward. Option 3 would all the project to proceed with the
current contract and commit an additional $1 million in local match funding. Staff
recommended approval of Resolution 93-22 with Option 3. The Board discussed the
early completion incentive for contractors, maintenance responsibilities, the West
Elkhorn Avenue maintenance exchange with CDOT, contingency funds for the
project, the number of improvements associated with the project and what those
improvements might cost if they were not included in the project, the CDOT
prioritization of resurfacing Elkhorn Avenue and Moraine Avenue, the focus of the
DR
A
F
T
Board of Trustees – November 17, 2022 – Page 2
project, whether infrastructure projects are referred to the voters, community
representation, and public engagement.
Belle Morris/Transportation Advisory Board Chair, Ann Finley/Town citizen, Ernie
Stefely/Town citizen, Laurie Thornton/Town citizen, Terry Bogener/Town citizen,
Linda Hanick/Town citizen spoke in favor of Resolution 93-22 regarding the benefits
to the Town including, the improvements of the project outweighing the
inconvenience of construction, and cooperation with partner agencies.
John Meissner/Town citizen, Randy Martin/Town citizen, Eric Mankin/Town citizen
spoke against Resolution 93-22 regarding the importance of voter involvement, the
initial proposal of the project, the designed roundabout on Moraine Avenue, impact
on downtown businesses, and requested the project be referred to the voters.
Frank Theis/County citizen spoke neutrally about the project. He noted his desire for
specific improvements and requested action be taken on the project either way.
After further discussion, it was moved and seconded (Webermeier/Hazelton) to
approve Resolution 93-22, and it passed with Trustee Cenac voting “no”.
Whereupon Mayor Koenig adjourned the meeting at 7:12 p.m.
Wendy Koenig, Mayor
Kimberly Disney, Recording Secretary
DR
A
F
T
Town of Estes Park, Larimer County, Colorado, December 6, 2022
Minutes of a Special meeting of the Board of Trustees of the Town of Estes
Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of
Estes Park on the 6th day of December, 2022.
Present: Wendy Koenig, Mayor
Scott Webermeier, Mayor Pro Tem
Trustees Marie Cenac
Kirby Hazelton
Barbara MacAlpine
Patrick Martchink
Cindy Younglund
Also Present: Travis Machalek, Town Administrator
Jason Damweber, Assistant Town Administrator
Dan Kramer, Town Attorney
Kimberly Disney, Recording Secretary
Absent: None
Mayor Koenig called the meeting to order at 5:00 p.m.
AGENDA APPROVAL.
It was moved and seconded (Hazelton/Webermeier) to approve the Agenda, and it
passed unanimously.
ACTION ITEMS:
1.RESOLUTION 98-22 ESTES FORWARD COMPREHENSIVE PLAN AND
FUTURE LAND USE MAP. Mayor Koenig opened the public hearing and Director
Garner and Consultant Miriam McGilvray of Logan Simpson presented the Estes
Forward Comprehensive Plan and future Land Use Map. They provided background
on the importance and need of a comprehensive plan and the process of creating
the Estes Forward Comprehensive Plan. They highlighted the 1996 Comprehensive
Plan, community engagement, the Comprehensive Plan Advisory Committee,
review of the drafted plan, the structure and contents, the vision and guiding
principles, new additions not included in previous comprehensive plans,
implementation, approval by the Estes Park Planning Commission on November 15,
2022, and the approval process by the Town and Larimer County. The Board
discussed industry diversification, zoning districts, Logan Simpson’s role following
approval of the Comprehensive Plan, next steps for code rewrites, a potential
annexation policy, cooperation with Larimer County, and public comment regarding
potential reduction of short-term rentals.
Frank Theis/County citizen spoke on his involvement in the Comprehensive Plan
Advisory Committee and the Estes Valley Planning Advisory Committee, the review
of growth and annexation options, and suggested the Town review future Town
development opportunities.
Rich Chiappe/County citizen and Bill Brown/Town citizen spoke regarding
components of the Plan which would have negative impacts on short-term rentals,
specifically: the County recommendation H 1.F to “consider reducing the number of
short-term rentals to encourage more long-term rental units for housing”, the cap on
residential zoned vacation home rentals, revenue created by short-term rentals, the
importance of tourism, and a report titled “Tax Impacts of Short-Term Vacation
Rentals in the Estes Valley” produced by the Estes Valley Short Term Rental
Alliance.
The Mayor closed the public hearing and it was moved and seconded
(Younglund/MacAlpine) to approve Resolution 98-22, and it passed unanimously.
DR
A
F
T
Board of Trustees – December 6, 2022 – Page 2
Whereupon Mayor Koenig adjourned the meeting at 5:54 p.m.
Wendy Koenig, Mayor
Kimberly Disney, Recording Secretary
DR
A
F
T
Town of Estes Park, Larimer County, Colorado, November 3, 2022
Minutes of a meeting of the FAMILY ADVISORY BOARD of the Town of
Estes Park, Larimer County, Colorado. Meeting held in Rooms 202/203 of
the Estes Park Town Hall in said Town of Estes Park on the 3rd day of
November, 2022.
Board: Chair Patti Brown, Vice Chair Nancy Almond, Members
Deanna Ferrell, Aleta Kazadi, Rut Miller, Jessica Moffett,
Nicole White, and Sue Yowell
Also Attending: Town Board Liaison Younglund, Assistant Town Administrator
Damweber, Interim Captain Life and Town Clerk Williamson
Absent: Rut Miller and Sue Yowell
Chair Brown called the meeting to order at 3:30 p.m.
PUBLIC COMMENT.
None.
LIAISON REPORT.
Trustee Younglund provided the Family Advisory Board with a brief update from the Town
Board meeting on October 25, 2022 stating the Board approved the rezoning of 21.8
acres of Town owned Fish Hatchery property from A-1 – Accommodations to RM –
Residential Multi-Family. The rezoning would allow the developer to bring forward a
development plan for a proposed workforce housing project. The Town Board heard a
proposal by the Fine Arts Guild for a performing arts complex on Town owned property
at the corner of Elm and Moraine.
MEETING MINUTES DATED SEPTEMBER 1, 2022 AND SPECIAL MEETING
MINUTES DATED SEPTEMBER 27, 2022.
It was moved and seconded (White/Almond) to approve the meeting minutes dated
September 1, 2022 and Special Meeting Minutes dated September 27, 2022, and it
passed unanimously.
CHAIR REPORT.
a. Member Recruitment: The Board discussed the two vacancies and the need to reach
out to segments of the community to diversify the membership, including working
with the American Legion, School District, EDC, Crossroads, Salud, Estes Park
Health, and the Latino community. Chair Brown would work with Terry
Rizzuti/American Legion and Vice Chair Almond to work with Brian
Schaffer/Crossroads to identify possible members from their organization. Chair
Brown to review translation options to assist with the involvement of the Latino
community.
b. Mental Health Article: The article completed by Member Ferrell was sent out through
the Town’s public information office. Discussion ensued on how to circulate the
article further, including sending it to those she spoke with for the article and through
the School District to parents. Member White would send the article to the School
District for dissemination.
c. The ARC of Larimer County Event: Chair Brown stated she attended the event;
however, it was not well attended. The Board discussed setting up a table at the
school to provide another community venue.
d. Mental Health Summit: Chair Brown stated Larimer County would hold a Mental
Health Summit on November 16, 2022 to discuss eliminating barriers, illuminating
partnerships, and preventing and responding to anxiety and depression with school
leadership, counselors and social workers, county and municipal leadership, and
community providers. Members were encouraged to attend the full day event in
Loveland.
Family Advisory Board – November 3, 2022 – Page 2
e. Miscellaneous Reports: 1) Interim Captain Polucha investigated a grant to fund a
co-responder and was not successful; however, he continues to meet with
SummitStone to discuss mental health issues. Assistant Town Administrator stated
he has been appointed to the Regional Opioid Abatement Council which plans to
direct funds to communities for co-responders. 2) SummitStone has hired a
replacement for the co-responder in Estes Park with a start date in December. 3)
OmniSalud, a new Salud program, that provides undocumented Coloradans with
affordable health insurance plans with income limitations through Colorado Option.
Member Ferrell would bringing additional information forward to the December
meeting. 4) EVICS to provide Spanish learning for K-5 on Thursdays from 3:45 pm
to 4:45 pm. 5) Mountaintop has begun a Spanish immersion program.
FAMILY LISTENING SESSIONS.
Chair Brown requested Members send out a message through their social media
channels to ensure participation by community members at the November 13, 2022
(English) and November 15, 2022 (Spanish) listening sessions at Falcon Ridge
Apartments Family Room. The discussions would focus on what are the things that make
Estes Park a strong community for families, and what could work better to make Estes
Park a stronger community for families. A brochure would be developed by Chair Brown.
EP HEALTH PRESENTATION.
Chair Brown stated the presentation would be rescheduled for the December meeting.
There being no further business Chair Brown adjourned the meeting at 4:50 p.m.
Jackie Williamson, Town Clerk
Town of Estes Park, Larimer County, Colorado, October 19, 2022
Minutes of a Regular meeting of the TRANSPORTATION ADVISORY
BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held
in the Municipal Building in said Town of Estes Park on the 19th day of
October, 2022.
Board: Chair Belle Morris; Vice-Chair Kristen Ekeren; Members
Javier Bernal, Jessica Ferko, Ann Finley, Larry Gamble, Linda
Hanick, Mark Igel, and Gordon Slack; Trustee Patrick
Martchink; Staff Liaison Greg Muhonen
Attending: Members Bernal, Ferko, Gamble, Hanick, Igel, and Slack;
Managers Hook and Solesbee; Recording Secretary
McDonald; Jeff Bailey, Public Works Engineer; Laura Blevins,
Public Works Grants Specialist; and Dana Klein (Manager,
The Car Park)
Absent: Chair Morris; Vice-Chair Ekeren; Member Finley; Trustee
Martchink; Director Muhonen
Member Gamble, serving as meeting chair on behalf of Chair Morris, called the meeting
to order at 12:02 p.m. Prior to commencing the official agenda, Member Gamble
welcomed Laura Blevins as the Public Works Department’s new Grants Specialist and
invited her to introduce herself.
PUBLIC COMMENT
None.
TRUSTEE LIAISON UPDATE
Due to a professional commitment on the TAB’s October and November meeting dates,
Trustee Martchink was not present to provide an update. Trustee Kirby Hazelton plans to
provide an update on his behalf in November.
APPROVAL OF MINUTES DATED SEPTEMBER 21, 2022
It was moved and seconded (Slack/Igel) to approve the September 21, 2022, minutes
and the motion passed unanimously.
DOWNTOWN WAYFINDING PLAN
Manager Hook presented an overview of the October 2022 draft of the Downtown
Wayfinding Signage Program – Design & Implementation Plan (DWP), which reflects
public input received on the September draft and includes a six-phase implementation
table showing a cost breakdown by phase. Since addressing the needs of the visually
impaired and non-English speakers is a priority of the DWP as part of the Town’s
Diversity, Equity, and Inclusion (DEI) efforts, Manager Hook advised that the team is
Transportation Advisory Board – October 19, 2022 – Page 2
exploring the use of electronic aids and phone apps; the latter would require a dependable
Wi-Fi signal to produce pings and push notifications as directional aids. App users would
be directed to a kiosk to connect to an informational webpage.
Discussion points included where in the plan booklet the DEI efforts would be featured;
the desire for more details on the technology for the visually impaired; size considerations
for the auto directionals; the need for efficient, uncluttered messaging on auto directionals
to ensure that vehicle occupants can begin reading a sign within 50 feet of approaching
it, since vehicles are often moving too quickly for certain signs to be read; the advantage
of using icons for pedestrian directionals and parking lot entrances; and clarifying that the
parking garage signs must show “free” and not “paid,” and that signage should not direct
to private business destinations. It was agreed that four lines of text per sign would
improve legibility.
Manager Hook invited the TAB’s feedback by email on the phase-based implementation
table. Public Works staff will present the final DWP on November 8 for Town Board
adoption only. The TAB is encouraged to provide a letter of support for the meeting’s
packet by October 27, or to attend the meeting to provide live support.
CLEAVE STREET IMPROVEMENTS
Engineer Bailey reported that the Cleave Street Improvements project is moving rapidly,
with the plans now at the 30% stage and the second public meeting to take place October
20. An overview of the concept plans, costs, and parking mitigation options was
presented. The project is budgeted in 2023 using $3m of 1A/Street Improvement Project
(STIP) funds.
Discussion points included the drainage design plan for routine and excess stormwater,
and the potential use of a heating system to prevent ice build-up; how the design will
impact snow removal efforts; the choice to use concrete paving; compliance with the
Estes Valley Fire Protection District’s space accommodation; loading zone access for
businesses and for residents moving in or out; whether Cleave Street residents could
have access to special parking permits; whether parking could be accommodated until
the stormwater/utility work is complete; and how the project will achieve the long-term
vision for Cleave Street as laid out in the Downtown Plan.
2023 SEASONAL PAID PARKING PROGRAM
Manager Solesbee advised that the timeline for evaluating and reporting on the 2022
Seasonal Paid Parking Program has been adjusted to allow time for more thoughtful
analysis and preparation of recommendations for the 2023 season. The adjusted timeline
will ensure that 2021 and 2022 data can be studied to determine “stress point” areas
downtown; that parking revenue allocation can be defined, with the recommendation of a
task force yet to be appointed; that the impact of major engineering projects (Downtown
Estes Loop, Cleave Street Improvements, etc.) on downtown parking can be examined;
and that, with the paid parking season just ending on October 16, there is reasonable
time for conversation, critical thinking, and communication. The goal is to present the
program data and begin earnest dialogue at the November 17 TAB meeting, then engage
Transportation Advisory Board – October 19, 2022 – Page 3
in a Town Board Study Session in December. TAB members were asked to consider what
information is most helpful for their decision-making process, and whether they would be
willing to serve on the new task force.
MOBILITY SERVICES UPDATES
Manager Solesbee reported that September ridership was up 37% from September 2021
and up 32% from the 2021 season. Bustang to Estes service ended on October 2;
compared to 2021, its ridership was up 58% in July, 110% in August, and 57% in
September. Winter Shuttle Service begins October 21, and staff is working with Visit
Estes Park and Simply Christmas to decorate the trolley for the season. TAB members
are invited to ride the trolley during the November 25 Catch the Glow Parade. Three grant
applications have been submitted: one for the trolley facility and two for the Zero Emission
Vehicle transition plan. The 2023 transit service plans will be adjusted now that federal
stimulus funds have ended. Staff is compiling—and will present in December or
January—a 2022 Year-End Transit Report of ridership, outreach, grants, and special
projects. The TAB agreed to consider speaker invitations for future meetings (dates to be
determined): North Front Range Metropolitan Planning Organization’s (NFRMPO)
Kathleen Bracke (Transportation Commissioner) or Suzette Molette (Executive Director)
on the topics of VanGo (a vanpooling option for US 34) and regional transportation
cooperation efforts with Larimer County, Colorado Department of Transportation (CDOT),
Loveland, and Greeley.
DOWNTOWN ESTES LOOP UPDATES
Manager Hook reported that the Downtown Estes Loop (DEL) bids opened on October
11; of the two bids received, the lower of $25m was $11.3m over the engineers’ estimate
of $15.7M. Central Federal Lands Highway Division (CFLHD) is exploring whether
Federal Land Access Program (FLAP) and local agency funds can be used; this is being
discussed with CDOT. Other options include canceling the solicitation, delaying the
project, and possibly rebidding it when construction costs settle down in 9-12 months.
The DEL will be addressed at the November 8 Town Board Study Session. If the TAB
would like to contribute to this conversation, it is welcome to hold a special meeting by
the end of October to gather input.
ENGINEERING & ADMINISTRATION UPDATES
Manager Hook reported these updates on behalf of Director Muhonen.
The US 36 & Community Drive Roundabout project is pending environmental clearance
and concurrence letters from CDOT. The Fall River Trail Extension project bids open
October 27; construction will be timed with work at Rocky Mountain National Park’s
(RMNP) Fall River Entrance Station, which will be announcing the notice to proceed. For
the Graves Avenue Sidewalk Improvements, property owners will be contacted for
discussion on acquiring temporary and permanent easements for proposed grading and
improvements along both sides of Graves Avenue. Grants in various stages include the
Multimodal Mitigation Options Fund (MMOF) grant (pending Intergovernmental
Agreement); the Colorado Parks and Wildlife’s Land and Water Conservation Funds
Transportation Advisory Board – October 19, 2022 – Page 4
(CPW-LWCF) application (filed and being considered); and a potential CDOT
Transportation Alternatives Program (TAP) grant application.
The Civil Engineer I/II and Town Engineer positions remain vacant. A candidate for Town
Engineer will be interviewed on October 27. An interview with a Civil Engineer candidate
will be scheduled in the coming weeks.
OTHER BUSINESS
None.
There being no further business, Member Gamble adjourned the meeting at 1:41 p.m.
/s/Lani McDonald, Recording Secretary
Town of Estes Park, Larimer County, Colorado, October 20, 2022
Minutes of a Regular meeting of the PARKS ADVISORY BOARD of the
Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal
Building in said Town of Estes Park on the 20th day of October, 2022.
Board: Chair Geoff Elliot; Members Christian Berry, Donovan
Colegrove, Elizabeth Kostiuk, Vicki Papineau, and Ron
Wilcocks; Trustee Cindy Younglund; Staff Liaison Brian Berg
Attending: Chair Elliot; Members Berry, Kostiuk, Papineau, and
Wilcocks; Trustee Younglund; Supervisor Berg; Recording
Secretary McDonald; and Laura Blevins, Public Works Grants
Specialist
Absent: Member Colegrove
Chair Elliot called the meeting to order at 8:38 a.m. Prior to commencing the official
agenda, he welcomed Laura Blevins as the Public Works Department’s new Grants
Specialist, and all were invited to briefly introduce themselves.
PUBLIC COMMENT
None.
TRUSTEE LIAISON UPDATES
Trustee Younglund encouraged PAB members to attend the October 25 Estes Arts
District (EAD) event at Avant Garde, where guests are invited to share their insights about
the future of art in Estes Park. The EAD has been asked to create an Arts Master Plan
for the community. The new police chief, David Hayes, begins service on November 28.
The Town’s budget process continues; public hearings take place at the October 25 and
November 8 Town Board meetings.
APPROVAL OF MINUTES DATED SEPTEMBER 15, 2022
It was moved and seconded (Berry/Wilcocks) to approve the September 15, 2022,
meeting minutes, and the motion passed unanimously. Chair Elliot abstained from voting
due to absence from the September 15 meeting.
PAB PRIORITIES REVIEW
Chair Elliot reviewed progress on the PAB 2022 Priorities Matrix items.
With the PAB’s ongoing activities and outreach, Estes Park achieved its 25th anniversary
of Tree City USA designation. Community engagement for Arbor Day included the April
blue spruce giveaway; Supervisor Berg advised that, for the 2023 tree giveaway, he
would order the trees early from Colorado State University. The possibility of an Arts
Master Plan was discussed at length by the PAB and has been entrusted to the EAD.
Parks Advisory Board – October 20, 2022 – Page 2
Support was provided to the Parks Division for the implementation, opening, and
monitoring of the Thumb Open Space; advice was provided for the finalizing and opening
of the Big Thompson Recreational Area. The Parks Master Plan funding will be delayed
by the Town until 2024, when it is hoped a consultant can be secured for its development.
The PAB continues to support the educational efforts of Estes Land Stewardship
Association’s (ELSA) invasive plant management, and the work of the Estes Valley
Watershed Coalition. Since the PAB has not yet reviewed the Environmental
Sustainability Task Force (ESTF) recommendations, Chair Elliot asked Recording
Secretary McDonald to send a meeting follow-up email directing members to the ESTF
report and to the Estes Valley Open Space Plan.
Discussion points included encouraging PAB members to attend the October 25 EAD
event; efforts to manage noxious weeds and pests in the parks and on the trails; the study
and benefits of pocket parks; and recycling options for yard and landscape debris for the
Parks Division and greater community.
PARKS UPDATE
Supervisor Berg’s budget requests for the Parks Division include a greenhouse, reservoir
pots, native and annual planting supplies, Toolcat utility work machine, compost sifter,
lawnmower, and paver work.
Discussion topics included the potential cost savings of building a new greenhouse; status
of the Downtown Estes Loop project after the bids came in over budget; the Space Force
Rock signage, which will be placed after landscaping is put down for the winter; and the
Big Kahuna Memorial (BKM) project, which remains in the location planning stage. The
BKM group will eventually present to the PAB for a vote of support before proposing its
final project plans to the Town Board.
UPCOMING PAB MEMBER TERMS
Chair Elliot advised that he would not be renewing his PAB membership, which ends
December 31. Member Kostiuk intends to apply to renew her term, which also ends
December 31.
OTHER BUSINESS
Member Papineau asked that the PAB either begin discussing new projects for 2023 or
consider meeting less frequently. Since the current PAB bylaws state that meetings must
be held at least monthly, they would need to be officially revised.
Project discussion points included working with Estes Park Elementary School to revive
the Estes Park Mountain Festival in 2023; developing more pocket parks; landscaping
possibilities at the roundabouts; expanding efforts to mitigate noxious trees and plants,
and to educate the community; and the need to review the Art in Public Places guidelines
and current PAB bylaws at the November meeting.
There being no further business, Chair Elliot adjourned the meeting at 9:42 a.m.
/s/Lani McDonald, Recording Secretary
POLICE DEPARTMENT Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Corey P. Pass - Interim Chief of Police
Date: December 13, 2022
RE: Resolution 94-22 IGA with Rocky Mountain National Park and the Estes
Park Police Department for Mutual Law Enforcement and Other
Emergency Services Assistance
(Mark all that apply)
☐PUBLIC HEARING ☐ORDINANCE ☐ LAND USE☒CONTRACT/AGREEMENT X RESOLUTION ☐ OTHER______________
QUASI-JUDICIAL ☐ YES ☒ NO
Objective:
The purpose of this Agreement is to establish the terms and conditions under which the
agencies will provide mutual law enforcement and other emergency services assistance
in and near Rocky Mountain National Park and Estes Park, Colorado. This Agreement
shall supplement the law enforcement responsibilities of the NPS and shall not
authorize the delegation of law enforcement responsibilities of the NPS to state and
local governments.
Present Situation:
RMNP and EPPD have previously entered into an agreement, in which we had agreed
to cooperate with one another in providing mutual law enforcement and other
emergency services assistance in and near RMNP. The past agreement and this one
moving forward Includes Rocky Mountain National Park law enforcement agencies and
EPPD to include the Estes Park Emergency Communications Center. RMNP and EPPD
now desire to enter into this agreement and intend for it to supersede in all respects and
revoke their previous Intergovernmental Agreements related to mutual aid.
Proposal:
To enter into this agreement.
Advantages:
The advantage of this MOU is to ensure that both RMNP and EPPD are providing the
best services possible to the citizens and guests of Estes Park and Rocky Mountain
National Park.
Disadvantages:
None
Action Recommended:
The Board approves and authorizes the mayor to sign the agreement in the title of this
resolution in substantially the form now before the Board.
Finance/Resource Impact:
None
Level of Public Interest
Low
Motion:
I move for the approval of this agreement.
Attachments:
1. Resolution 94-22.
2. General Agreement between the National Park Service, Rocky Mountain
National Park and the Town of Estes Park, Colorado.
RESOLUTION 94-22
APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH ROCKY MOUNTAIN
NATIONAL PARK FOR MUTUAL LAW ENFORCEMENT AND OTHER EMERGENCY
SERVICES ASSISTANCE
WHEREAS, the Town Board wishes to enter an agreement referenced in the title
of this resolution for the purpose of establishing the terms and conditions under which the
Estes Park Police Department and Rocky Mountain National Park (RMNP) will provide
mutual law enforcement and other emergency services assistance in and near RMNP
and Estes Park, Colorado.
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 , 2022.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
ATTACHMENT 1
1
AGREEMENT NO. G152023ROMO1
General Agreement
Between the
National Park Service,
Rocky Mountain National Park
And
The Town of Estes Park, Colorado
This Agreement is entered into by the United States Department of Interior, National Park
Service (NPS), acting through the Superintendent of Rocky Mountain National Park (RMNP),
and Estes Park, Colorado, a political subdivision of the State of Colorado, acting through the
Estes Park Police Department (Town), collectively “the agencies.”
ARTICLE I-BACKGROUND AND OBJECTIVES
The purpose of this Agreement is to establish the terms and conditions under which the agencies
will provide mutual law enforcement and other emergency services assistance in and near Rocky
Mountain National Park and Estes Park, Colorado. This Agreement shall supplement the law
enforcement responsibilities of the NPS and shall not authorize the delegation of law
enforcement responsibilities of the NPS to state and local governments.
The National Park Service and the Estes Park Police Department have determined that providing
mutual law enforcement and other emergency services assistance will be mutually advantageous
and is in the public interest. The agencies agree it is their mutual desire to work in harmony and
to cooperate in the use of equipment and trained personnel where threats to human life and
property arise within their respective jurisdictions. Staffing levels at Rocky Mountain National
Park cannot be significantly augmented by officers from other Federal agencies in a timely
manner, and, in order to accomplish the above stated objectives and establish a cooperative law
enforcement mutual aid and assistance agreement which will be equally beneficial to both
agencies, the NPS and the Town agree as follows:
Definitions
The term Rocky Mountain National Park encompasses the area authorized by 16 U.S.C. §§
191-198d.
ATTACHMENT 2
2
The term Ranger refers to a person designated by the Secretary of Interior, per 54 U.S.C. §
102701(a), to “... maintain law and order and protect individuals and property within [National
Park] System units." Rangers so designated are commonly referred to as "commissioned
rangers."
The term Estes Park Police Officer, or Officer, refers to persons designated by the Town of
Estes Park to perform law enforcement within the territorial jurisdiction of Estes Park, Colorado.
The term lead agency refers to the agency with primary responsibility for law enforcement and
emergency services in the referenced geographic area.
The term cooperating agency refers to the agency without primary responsibility, i.e. the agency
providing assistance to the lead agency.
The term emergency services personnel refers to any other person authorized by either the lead
agency or cooperating agency to provide emergency medical or search and rescue services
within the territorial jurisdiction of that agency.
ARTICLE II-AUTHORITY
Whereas, the following authorities are relevant:
1. The United States Department of Interior, National Park Service manages Rocky
Mountain National Park pursuant to 54 U.S.C, Subtitle I, Subdivision A.
2. 54 U.S.C. § 102701 authorizes the Secretary of Interior to designate certain officers or
employees of the Department of the Interior who shall maintain law and order and protect
individuals and property within System units.
3. 54 U.S.C. § 102701(b)(1) authorizes the Secretary of the Interior to “designate officers
and employees of any other Federal agency or law enforcement personnel of a State or
political subdivision of a State, when determined to be economical and in the public
interest and with the concurrence of that agency, State, or subdivision to act as special
police officers in System units when supplemental law enforcement personnel may be
needed; and exercise the powers and authority provided by subparagraphs (A) to (D) of
subsection (a)(2).”
4. 54 U.S.C. § 102701(b)(2) authorizes the Secretary of the Interior to “cooperate, within
the System, with any State or political subdivision of a State in the enforcement of
supervision of the laws or ordinances of that State or subdivision.”
3
5. 54 U.S.C. § 102711 authorizes the Secretary of Interior to use applicable appropriations
to render "emergency rescue, firefighting and cooperative assistance to nearby law
enforcement and fire prevention agencies and for related purposes outside of the
[National Park] System."
6. The Federal Law Enforcement Officer's Good Samaritan Act of 1998 (Public Law 105-
277, Title VI, § 627, codified as a Note to 28 U.S.C. § 2671) provides important, but
limited, liability protection when NPS officers are involved in certain situations outside
RMNP. This act does not convey any law enforcement authority.
7. Constitution of Colorado, Article XIV, Sec. 18, authorizes the State of Colorado and its
political subdivisions to cooperate or contract with one another or with the government of
the United States to provide for any function, service, or facility that is lawfully
authorized to each.
8. Colo. Rev. Stat. § 29-1-203 authorizes governments to cooperate and contract with one
another to provide any function, service, or facility that is lawfully authorized to each
within their respective jurisdictions.
9. Colo. Rev. Stat. § 16-3-110 recognizes National Park Rangers as State "Peace Officers."
ARTICLE III-STATEMENT OF WORK
A. Law Enforcement and Emergency Operations within RMNP
1. The agencies mutually understand and agree that the NPS has primary responsibility
for maintaining law and order; for emergency services; and for the protection of
persons, property and resources upon RMNP lands and that it cannot delegate that
responsibility to a State or local agency.
2. In response to a request from the NPS, the Estes Park Police Department agrees to
provide available law enforcement personnel and/or equipment, which can be
reasonably made available without jeopardizing town operations.
3. The agencies agree to cooperate in the formulation and application of practical plans
and programs for the handling of law enforcement and emergency situations.
4. The agencies agree to work jointly on matters pertaining to radio communications and
dispatching, training, exchange of law enforcement information, prevention of
incidents and violations, natural disasters and public safety concerns.
4
5. The Town agrees to provide applicable reports of case incidents which occur within
NPS jurisdiction in a timely manner to the investigating officer.
6. Estes Park Police Officers will be designated as Special Police Officers in accordance
with 54 U.S.C. § 102701(b) and, when supplementing the NPS, exercise the same
powers and authorities delegated to Park Rangers in 54 U.S.C. § 102701(b)(1)(B).
Having determined it economical and in the public interest, the National Park Service
hereby deputizes officers of Estes Park Police Department as Special Police Officers
pursuant to the following conditions:
a. Estes Park agrees with the deputation by signing this Agreement.
b. The deputation applies only to Estes Park Police Officers who meet and maintain
all applicable State and local peace officer standards and training requirements
and their agency firearms qualifications. Officers who meet the criteria
established in this Agreement will be considered National Park Service Special
Police Officers. No special identification will be provided.
c. The deputation is valid for five (5) years and runs concurrently with this General
Agreement. An individual’s special police officer deputation may be revoked if
not in compliance with this Agreement or at the discretion of the RMNP
Superintendent.
d. Special Police Officer authority shall be exercised only upon a request for
assistance from the National Park Service and shall cease when that request is
withdrawn or cancelled.
e. Special Police Officer authority shall only be exercised in furtherance of the
mission identified by the National Park Service and shall extend only so far as
may be necessary to faithfully complete that mission.
f. Special Police Officers will remain under the administrative and policy control of
their agency. Operationally, they will perform under the assigned direction of
National Park Service personnel responsible for managing the incident or event.
Special Police Officers will comply with NPS policies and procedures when
exercising authority vested by deputation. All actions taken under Special Police
Officer authority will be reported to the NPS.
g. Special Police Officer deputation does not confer upon the holder status as a
Federal employee, except as provided in the General Authorities Act (54 U.S.C. §
102701).
5
h. Annually, a list of officers to be designated as Special Police Officers shall be
shared between the NPS and EPPD. This list will include officer name, and status
of commission.
B. Law Enforcement and Emergency Operations within the Town
1. The agencies mutually understand and agree that the Estes Park Police Department
has primary responsibility for maintaining law and order and for the protection of
persons, property and resources within Estes Park.
2. The agencies mutually understand and agree that Rangers have the authority to
execute warrants and other process documents issued by a court of competent
jurisdiction for offenses committed in any National Park area.
3. The agencies agree that Rangers have the authority to conduct investigations in Estes
Park for offenses committed in and National Park area.
4. The NPS agrees to provide law enforcement assistance, which is limited to only those
actions/efforts that support or assist the Estes Park Police Department.
5. The NPS agrees to provide applicable reports of case incidents which occur within
Estes Park jurisdiction to the investigating officer in a timely manner.
6. The parties agree to work jointly on matters pertaining to radio communications and
dispatching, training, exchange of law enforcement information, prevention of
incidents and violations, natural disasters and public safety concerns.
7. The agencies agree to cooperate in the formulation and application of practical plans
and programs for the handling of law enforcement and emergency situations.
8. NPS Rangers with a Type II law enforcement commission working outside NPS
jurisdiction, when requested, will not exceed policy restrictions set forth in NPS RM-
9, Chapter 2.
C. Requests for Assistance
1. Unless exigent circumstances preclude it, the agencies agree that the lead agency will
request assistance from the cooperating agency in one or more of the following
manners:
a. From Officer to Ranger or Ranger to Officer.
b. From Supervisor to Supervisor.
6
c. From Communications Center to Communications Center.
d. From Officer, Ranger, or Supervisor to Communications Center.
e. From Communications Center to Officer, Ranger, or Supervisor.
f. In the case of planned events, a request for assistance shall be made in advance
and in writing to the responsible agency's chief law enforcement officer.
2. The agencies agree that Officers and Rangers are responsible for notifying their
respective Communication Center and/or supervisor that a request for assistance has
been made or received. Communications Centers are responsible for notifying
appropriate supervisory personnel within their agency.
D. Command and Control of a Mutual Aid Incident
1. The agencies agree that the Incident Commander of the lead agency shall be in
command of all Officers, Rangers, and/or emergency services personnel who are
rendering emergency or supplemental assistance.
2. The agencies agree, whenever feasible, to use Officers, Rangers, and/or emergency
services personnel from the cooperating agency in a support role. When possible, the
agencies agree to:
a. Assign cooperating Officers, Rangers, and/or emergency services personnel to
one or more Officers, Rangers, and/or emergency services personnel of the lead
agency.
b. Incorporate an Officer, Ranger, and/or emergency services personnel, preferably a
supervisor, from the cooperating agency as an agency representative in the
incident command structure of the lead agency.
3. The agencies agree to conduct joint reviews of mutual aid incidents, when
appropriate.
4. The agencies agree that Officers, Rangers, and all other emergency services personnel
shall be subject to the laws, regulations and policies of their respective agency.
5. The agencies agree that Officers, Rangers, and all other emergency services personnel
of the cooperating agency who have been properly assigned under this Agreement
and are rendering assistance pursuant to this Agreement shall be deemed to be acting
within the scope of their employment.
7
6. Command and Control of incidents in Rocky Mountain National Park will utilize the
Incident Command System (ICS).
E. Compensation, Costs, Claims
1. The agencies agree that Officers, Rangers, and all other emergency services personnel
shall not receive any monetary compensation for services rendered except through
their respective agency.
2. There is no funding provided under this General Agreement, as each party shall bear
its own costs for furnishing services under this agreement. However, Rocky
Mountain National Park agrees to reimburse the Estes Park Police Department and
annual fee not to exceed $2500 for off-hours dispatching services, as funds are
appropriated each fiscal year, by government purchase card/electronic funds transfer
and separate order.
3. Nothing in this Agreement shall be construed to bind either agency to expend in any
one fiscal year any sum in excess of funds appropriated by its governing body or
allocated by the agency for the purpose of this Agreement. Pursuant to the Anti-
Deficiency Act, 31 U.S.C. §1341, nothing contained in this Agreement shall be
construed as binding the NPS to expend in any one fiscal year any sum in excess of
appropriations made by Congress, for the purposes of this Agreement for that fiscal
year, or create any other obligation for the further expenditure of money in excess of
such appropriations.
4. To the extent authorized by applicable Federal law, including the Federal Tort Claims
Act, 28 U.S.C. §§ 2671-2680, the NPS will be liable for the negligent or wrongful
acts or omissions of its officers or employees while acting within the scope of their
office or employment. The NPS’s commitment to pay any lawful obligation or
liability incurred by the NPS under this Agreement is backed by the full faith and
credit of the United States.
5. To the extent authorized by applicable State law, including, but not limited to the
Colorado Constitution and the Colorado Government Immunity Act (Colo. Rev. Stat.
§§ 24-10-101 et seq.), the Town will be liable for the negligent or wrongful acts or
omissions of its officers or employees while acting within the scope of their office or
employment. The Town’s commitment to pay any lawful obligation or liability
incurred by the Town under this Agreement is backed by the full faith and credit of
the State of Colorado.
6. The agencies agree and understand that the Town is relying on and does not waive by
any provision of this Agreement, the monetary limitations or terms or any other
8
rights, immunities and protections provided by the Colorado Government Immunity
Act (Colo. Rev. Stat. §§ 24-10-101 et seq.) as from time to time amended or
otherwise available to the Town or any of its officers, agents or employees.
F. Miscellaneous Provisions
1. The parties agree to authorize the use of radio frequencies by the other agency for
mutual aid incidents.
2. The Estes Park Police Department agrees to provide off-hours radio dispatch for
Rocky Mountain National Park. Off-hours is considered that period of day/night
when call volume in the park is relatively low. While his will vary from season to
season, RMNP will strive to cover that portion of each 24-hour day in which business
can be anticipated to generate several calls per hour or more. If the call volume for
the EPPD Communications Center during off-hour periods begins to exceed this
threshold, EPPD will notify RMNP and adjustments will be made. Changes to off-
hours will be coordinated through Communications Center personnel and monitored
by supervisors.
EPPD will notify RMNP Rangers regarding off-hour call needs, utilizing the most
current RMNP call-out list that is provided by the park. This list will be updated as
necessary to reflect current staffing and contact information. If EPPD has difficulty is
contacting RMNP Rangers for off-hours response, supervisory personnel will be
consulted regarding remedies.
3. The Agencies agree to cooperate and share law enforcement training opportunities.
ARTICLE IV-TERM OF AGREEMENT
This Agreement shall be effective for a period of five (5) years from the date of final signature,
unless it is terminated earlier by one of the agencies pursuant to ARTICLE VIII below.
Nothing in this agreement shall preclude either agency from entering into similar agreements
with other agencies.
ARTICLE V-KEY OFFICIALS
All notices regarding this agreement shall be directed to the following key official(s) for each
agency:
For National Park Service:
9
Superintendent: Darla Sidles
Darla_sidles@nps.gov
(970) 586-1201
Chief Park Ranger: Jay Shields
Jay_shields@nps.gov
(970) 586-1218
For Town of Estes Park:
Mayor: Wendy Koeing
wkoenig@estes.org
(970) 577-3706
Town Administrator: Travis Machalek
tmachalek@estes.org
(970) 577-3705
Chief of Police: Corey Pass
cpass@estes.org
(970) 498-5104
ARTICLE VI-PROPERTY UTILIZATION
Unless otherwise agreed to in writing by the agencies, any property furnished by one agency to
the other shall remain the property of the furnishing agency. Any property furnished by the NPS
to Estes Park shall be used and disposed of as set forth in the NPS Property Management
Regulations.
ARTICLE VII-REPORTS AND/OR OTHER DELIVERABLES
Upon request and to the full extent permitted by applicable law, the agencies shall share with
each other, final reports of incidents involving both agencies.
ARTICLE VIII-MODIFICATION AND TERMINATION
A. Only a written instrument executed by both agencies may modify this agreement.
B. Either agency may terminate this agreement by providing the other agency with 60 days
advance written notice. In the event that one agency provides the other agency with
10
notice of its intention to terminate, the parties will meet promptly to discuss the reasons
for the notice and to try and resolve their differences.
ARTICLE IX-STANDARD CLAUSES
A.Civil Rights
During the performance of this agreement, the agencies agree to abide by the terms of the
Department of the Interior - Civil Rights Assurance Certification, non-discrimination, and will
not discriminate against any person because of race, color, religion, sex, or national origin. The
agencies will take affirmative action to ensure applicants are employed without regard to their
race, sexual orientation, national origin, disabilities, religion, age, or sex.
B.Officials Not to Benefit
No member or delegate to Congress, or resident Commissioner, shall be admitted to any share or
part of this Agreement, or to any benefit that may arise therefrom, but this provision shall not be
construed to extend to this Agreement if made with a corporation for its general benefit.
C.Promotions
Neither agency shall publicize, or otherwise circulate, promotional material, which states or
implies governmental, departmental, bureau or government employee endorsement of a product,
service, or position.
D.Public Information Release
The parties will coordinate all public information releases about law enforcement
incidents, investigations, actions, or other matters involving both parties. No public
information release by one party may refer to the other party or to any employee of the other
party, by name or otherwise, without the other party's prior approval
ARTICLE X—SIGNATURES
In witness hereof, the following authorized representatives of the agencies have signed
their names on the dates indicated below, thereby executing this Agreement.
___________________________________ _______________
Chief Ranger Date
Rocky Mountain National Park
11
___________________________________ _______________
Superintendent Date
Rocky Mountain National Park
___________________________________ _______________
Chief of Police Date
Estes Park, CO
___________________________________ _______________
Town Administrator Date
Estes Park, CO
___________________________________ _______________
Mayor Date
Estes Park, CO
______________________________ _______________
Regional Director Date
National Park Service – Interior Regions 6,7,8
TOWN OF ESTES PARK
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
MUSEUM Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Derek Fortini, Museum Director
Date: December 13, 2022
RE: Resolution 99-22 Approval of Grant Agreement Award for Birch Ruins
Preservation Phase II
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Obtain Town Board approval to accept a 2022 grant from the State Historical Fund. The
grant would pay for construction necessary to complete the extended viewing platform
located at the Birch Ruins.
Present Situation:
Since the Museum assumed responsibility of the Birch Ruins and Birch Cabin in 2001,
periodic efforts have been made to enhance the site as resources to do so become
available. With the 2017 Centennial Legacy project focused on improvements to the
Knoll-Willows property, the Museum took steps to make much needed improvements to
the experience, preservation, and understanding of the historic structures located there.
In October of 2016, the Museum received a grant through the State Historical Fund to
produce construction documents that would improve the Birch Ruins and Birch Cabin.
The second part of that grant to complete the work was awarded to the Town/Museum
in July 2018 with work taking place in 2019-2020 to improve the Birch Ruins including
stabilizing the structural rock walls with masonry work, extending the current viewing
platform, and installing historic information signage related to the Ruins and Cabin.
Unfortunately, due to increased costs of steel, the scope of the extended viewing
platform was reduced.
Accepting this grant would provide the funds necessary to complete the viewing
platform consistent with the original 2016 design. The Town approved the covenant
agreement in September 2022 as the first step towards accepting the final Grant
Agreement that will govern the project. The final Grant Agreement will allow State funds
to be accepted to complete the platform and conclude the interpretation and
preservation project. The completion of the platform extension will further protect the
Ruins structure while allowing safe access to more of the site/structure.
Proposal:
The State Historical Fund requires a 25% match from grant applicants. The match for
this project was budgeted as part of the Centennial budget item. The project will be
managed by Museum Director Fortini. Accepting this grant will complete the
improvements for the site. As an unstaffed historic site, it is important to provide a safe
experience for visitors, inform them of the significance of the site, as well as protect and
preserve the structures. The award is good for up to three years, but staff plans to begin
work as soon as possible. The remaining work entails review of the grant with History
Colorado staff and all contractors/Town staff, review of project and standards for
rehabilitation with the engineer and metal fabricator, followed by completion of walkway
construction and a public presentation/tour at the site.
Advantages:
•The extended walkway at the Ruins will enhance the ability of visitors to explore
the entire structure in a safe manner and, as designed, the platform also better
protects the Ruins.
•The completion of this step will conclude the 2016 Interpretation and
Preservation of the Birch Ruins and Cabin project.
Disadvantages:
•None.
Action Recommended:
Town Board acceptance and approval of the 2022 State Historical Fund grant for the
improvement of the Birch Cabin and Ruins.
Finance/Resource Impact:
The entire project is expected to cost $25,991. The grant request is for $19,491
(74.99%) with a Town match of $6,500 (25.01%). The grant match is budgeted within
the Centennial Project revenue line 101-1300-343.40-00 and would be expensed
through 101-1300-413.29-33 (Project WILL22).
Level of Public Interest
Medium. If the grant is accepted there will be a press release issued and progress of
the work will be highlighted on the Museum’s Facebook page and members-only
newsletter. Once the entire project is completed, the Museum plans to resume public
tours of the site/property in 2023.
Sample Motion:
I move to approve/deny Resolution 99-22.
Attachments:
1. Resolution 99-22
2.State Historical Fund Grant Agreement
RESOLUTION 99-22
APPROVING A GRANT AGREEMENT WITH HISTORY COLORADO TO EXTEND
THE BIRCH RUINS ELEVATED WALKWAY
WHEREAS, the Town Board desires to complete the extended viewing platform
located at the Birch Ruins at Centennial Open Space at Knoll Willows; and
WHEREAS, the State of Colorado, through the State Historic Fund, desires to
partially fund the completion of the viewing platform through its competitive grant fund
program; and
WHEREAS, the completion of the viewing platform would conclude the most
recent phase of preservation and interpretation of the Birch Ruins and Cabin located at
Centennial Open Space at Knoll Willows.
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 agreement referenced
in the title of this resolution in substantially the form now before the Board.
DATED this day of , 2022.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
ATTACHMENT 1
Page 1 of 18 Version 07.2022
STATE OF COLORADO GRANT AGREEMENT
COVER PAGE
State Agency
Department of Higher Education, History Colorado, the Colorado Historical Society
SHF Grant Number
2022-M2-018
Grantee
Town of Estes Park
Agreement Start Date
Agreement Maximum Amount
$19,491.00
Maximum Grant Funds Percentage
74.99%
Initial Agreement End Date
Cash Match Amount
$6,500.00
Cash Match Percentage
25.01%
Encumbrance:
POGG1 2022*3461
Agreement Authority
Authority exists under the State Constitution article XVIII, §9(5)(b)(III) and CRS §44-30-1201 for the annual distribution of
monies from the State Historical Fund (SHF).
Agreement Purpose
The purpose of this project is to complete the elevated walkway at the Birch Ruins in Estes Park, Colorado.
Exhibits and Order of Precedence
The following Exhibits and attachments are included with this Agreement:
1.Exhibit A, Scope of Work
2.Exhibit B, Budget
3.Exhibit C, Submittals & Deliverables
4.Exhibit D, SHF Provisions
5.Exhibit E, Property Protection
6.Exhibit F, Sample Option Letter
7.Attachment 1, SHF Payment Request & Financial Report form
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.Colorado Special Provisions in §19 of the main body of this Agreement.
2.The provisions of the other sections of the main body of this Agreement.
3.Exhibit A, Scope of Work
4.Exhibit B, Budget
5.Exhibit C, Submittals & Deliverables
6.Exhibit D, SHF Provisions
7.Exhibit E, Property Protection
8.Exhibit F, Option Letter
Principal Representatives
For the State: For Grantee:
Dawn DiPrince Mr. Derek Fortini
Executive Director Estes Park Museum Director
History Colorado
1200 Broadway
200 4th Street
Estes Park, Colorado 80517
dfortini@estes.org Denver, Colorado 80203
Dawn.DiPrince@state.co.us
DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737 ATTACHMENT 2
Page 2 of 18 Version 07.2022
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.
GRANTEE
Town of Estes Park
______________________________________________
By: Mayor, Mayor Pro Tem, or Designated Delegate
Date: _________________________
______________________________________________
Title of Authorized Officer
STATE OF COLORADO
Jared S. Polis, Governor
History Colorado
Dawn DiPrince, Executive Director or Designee
______________________________________________
By: Dawn DiPrince or Designee
Date: _________________________
GRANTEE
Town of Estes Park
______________________________________________
By: Town Clerk
Date: _________________________
GRANTEE
Town of Estes Park
_________________________________________________
By: Town Attorney
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: Breanne Nugent, Contracts Officer
Effective Date: _____________________
DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737
Page 3 of 18 Version 07.2022
1. PARTIES
This Agreement is entered into by and between Grantee named on the Cover Page for this Agreement (the
“Grantee”), and the STATE OF COLORADO acting by and through the State agency named on the Cover Page for
this Agreement (the “State”). Grantee 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 Agreement End Date shown on the Signature and 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 Grantee for any Work performed or expense incurred before the Effective Date, except as described in
§6.D, or after the Agreement End Date.
B. Initial Term
The Parties’ respective performances under this Agreement shall commence on the Agreement Start Date
shown on the Cover Page for this Agreement and shall terminate on the Initial Agreement End 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 a maximum of three 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 Grantee in a form substantially equivalent to
Sample Option Letter attached to this Agreement.
D. End of Term Extension
If this Agreement approaches the end of its Initial Term, or any Extension Term then in place, the State, at its
discretion, upon written notice to Grantee as provided in §15, 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.
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 by
Grantee, which shall be governed by 13.A.i.
i. Method and Content
The State shall notify Grantee of such termination in accordance with §15. 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, Grantee shall be subject to
the rights and obligations set forth in § 13.A.i.a.
iii. Payments
If the State terminates this Agreement in the public interest, the State shall pay Grantee 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
DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737
Page 4 of 18 Version 07.2022
by the State, the State may reimburse Grantee for a portion of actual out-of-pocket expenses, not
otherwise reimbursed under this Agreement, incurred by Grantee which are directly attributable to the
uncompleted portion of Grantee’s obligations, provided that the sum of any and all reimbursement shall
not exceed the maximum amount payable to Grantee hereunder.
3. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. “Agreement” means this agreement, including all attached Exhibits, all documents incorporated by reference,
all referenced statutes, rules and cited authorities, and any future modifications thereto.
B. “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 Grantee, or the appointment of a receiver
or similar officer for Grantee 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 Grantee 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.
C. “Budget” means the budget for the Work described in Exhibit A and C.
D. “Business Day” means any day in which the State is open and conducting business, but shall not include
Saturday, Sunday or any day on which the State observes one of the holidays listed in §24-11-101(1), C.R.S.
E. “CORA” means the Colorado Open Records Act, §§24-72-200.1, et seq., C.R.S.
F. “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 for this Agreement.
G. “End of Term Extension” means the time period defined in §2.D.
H. “Exhibits” means the exhibits and attachments included with this Agreement as shown on the Cover Page for
this Agreement.
I. “Extension Term” means the time period defined in §2.C.
J. “Goods” means any movable material acquired, produced, or delivered by Grantee as set forth in this
Agreement and shall include any movable material acquired, produced, or delivered by Grantee in connection
with the Services.
K. “Grant Funds” means the funds that have been appropriated, designated, encumbered, or otherwise made
available for payment by the State under this Agreement.
L. “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.
M. “Initial Term” means the time period defined in § 2.B.
N. “Matching Funds” means the funds provided Grantee as a match required to receive the Grant Funds.
O. “Party” means the State or Grantee, and “Parties” means both the State and Grantee.
P. “Services” means the services to be performed by Grantee as set forth in this Agreement, and shall include
any services to be rendered by Grantee in connection with the Goods.
Q. “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 Grantee which (i) is subject to disclosure pursuant to
DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737
Page 5 of 18 Version 07.2022
CORA; (ii) is already known to Grantee without restrictions at the time of its disclosure to Grantee; (iii) is or
subsequently becomes publicly available without breach of any obligation owed by Grantee to the State; (iv)
is disclosed to Grantee, without confidentiality obligations, by a third party who has the right to disclose such
information; or (v) was independently developed without reliance on any State Confidential Information.
R. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller pursuant to §24-30-
202(13)(a), C.R.S.
S. “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.
T. “State Records” means any and all State data, information, and records, regardless of physical form,
including, but not limited to, information subject to disclosure under CORA.
U. “Subcontractor” means third-parties, if any, engaged by Grantee to aid in performance of the Work.
“Subcontractor” also includes sub-grantees of grant funds.
V. “Uniform Guidance” means the Office of Management and Budget Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards.
W. “Work” means the Goods delivered and Services performed pursuant to this Agreement.
X. “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 in an Exhibit shall be construed and interpreted as defined in
that Exhibit.
4. STATEMENT OF WORK
Grantee 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 Grantee for the delivery of any goods or the performance of any
services that are not specifically set forth in this Agreement.
5. PROPERTY
The real property in Larimer County, Colorado, which has been listed in the State Register of Historic Properties, as
the Birch Cabin-Willows Property-Birch Ruins located at MacGregor Avenue & Wonderview Avenue, Estes Park,
Colorado, more particularly described as
LOT 2, BIRCH RESUB, EP
6. PAYMENTS TO GRANTEE
A. Maximum Amount
Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The State shall not pay
Grantee any amount under this Agreement that exceeds the Agreement Maximum shown on the Cover Page
of this Agreement.
B. Payment Procedures
i. Invoices and Payment
a. The State shall pay Grantee in the amounts and in accordance with the schedule and other
conditions set forth in Exhibit C.
b. Grantee shall initiate payment requests by submitting Attachment 1 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 Grantee and previously
DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737
Page 6 of 18 Version 07.2022
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 Grantee shall make all changes necessary to correct
that invoice.
d. The acceptance of an invoice shall not constitute acceptance of any Work performed or
deliverables provided under this Agreement.
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. Grantee shall invoice the State separately for accrued interest
on delinquent amounts, and the invoice shall reference the delinquent payment, the number of day’s
interest to be paid and the interest rate.
iii. Payment Disputes
If Grantee disputes any calculation, determination or amount of any payment, Grantee shall notify the
State in writing of its dispute within 30 days following the earlier to occur of Grantee’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 Grantee 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 Grantee 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 Grantee 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.
C. Matching Funds
Grantee shall provide Matching Funds as provided in Cover Page and Exhibit B. Grantee 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. Grantee’s obligation to pay all or any part of any matching funds, whether direct
or contingent, only extend to funds duly and lawfully appropriated for the purposes of this Agreement by the
authorized representatives of Grantee and paid into Grantee’s treasury or bank account. Grantee represents to
the State that the amount designated “Cash Match” in Exhibit B has been legally appropriated for the purposes
of this Agreement by its authorized representatives and paid into its treasury or bank account. Grantee 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 Grantee. If grantee is a public entity, grantee
shall not pay or be liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except as
required by Grantee’s laws or policies.
D. Reimbursement of Grantee Costs
Only with prior written approval, the State shall reimburse Grantee’s allowable costs, not exceeding the
maximum total amount described in Exhibit B and §6.A for all allowable costs described in this Grant and
shown in the Budget, except that Grantee may adjust the amounts between each line item of the Budget
without formal modification to this Agreement as long as the Grantee provides notice to the State of the
DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737
Page 7 of 18 Version 07.2022
change, the change does not modify the total maximum amount of this Agreement or the maximum amount
for any state fiscal year, and the change does not modify any requirements of the Work. However, any costs
incurred by Grantee prior to the Effective Date shall not be reimbursed. Grantee’s costs for Work performed
after the Agreement End Date shown on the Signature and Cover Page for this Agreement, or after any phase
performance period end date for a respective phase of the Work, shall not be reimbursable. The State shall
only reimburse allowable costs described in this Agreement and shown in the Budget if those costs are:
i. Reasonable and necessary to accomplish the Work and for the Goods and Services provided; and
ii. Equal to the actual net cost to Grantee (i.e. the price paid minus any items of value received by Grantee
that reduce the cost actually incurred).
E. Close-Out
Grantee shall close out this Award within 30 days after the Agreement End Date shown on the Signature and
Cover Page for this Agreement. To complete close-out, Grantee shall submit to the State all deliverables
(including documentation) as defined in this Agreement and Grantee’s final reimbursement request or invoice.
The State will withhold 10% of allowable costs until all final documentation has been submitted and accepted
by the State as substantially complete.
7. REPORTING - NOTIFICATION
A. Quarterly Reports
In addition to any reports required pursuant to §17 or pursuant to any other Exhibit, for any Agreement having
a term longer than three months, Grantee 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 Grantee is served with a pleading or other document in connection with an action before a court or other
administrative decision making body, and such pleading or document relates to this Agreement or may affect
Grantee’s ability to perform its obligations under this Agreement, Grantee shall, within ten 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
Grantee shall submit all financial, performance and other reports to the State no later than 30 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 Grantee’s performance and the final status of Grantee’s
obligations hereunder.
D. Violations Reporting
Grantee shall disclose, in a timely manner, in writing to the State all violations of federal or State criminal law
involving fraud, bribery, or gratuity violations potentially affecting the Award. The State may impose any
penalties for noncompliance allowed under 2 CFR Part 180 and 31 U.S.C. 3321, which may include, without
limitation, suspension or debarment.
8. GRANTEE RECORDS
A. Maintenance
Grantee 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 or the delivery of Services (including, but not limited
to the operation of programs) or Goods hereunder. Grantee shall maintain such records for a period (the
“Record Retention 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. 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. A cognizant agency for audit,
DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737
Page 8 of 18 Version 07.2022
oversight or indirect costs, and the State, may notify Grantee 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
Grantee 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 Grantee Records during the Record Retention
Period. Grantee shall make Grantee Records available during normal business hours at Grantee’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 will monitor Grantee’s performance of its obligations under this Agreement using procedures as
determined by the State. The federal government and any other duly authorized agent of a governmental
agency, in its discretion, may monitor Grantee’s performance of its obligations under this Agreement using
procedures as determined by that governmental entity. 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 Grantee’s performance in a manner that does not unduly interfere with Grantee’s performance
of the Work.
D. Final Audit Report
Grantee shall promptly submit to the State a copy of any final audit report of an audit performed on Grantee’s
records that relates to or affects this Agreement or the Work, whether the audit is conducted by Grantee or a
third party.
9. CONFIDENTIAL INFORMATION-STATE RECORDS
A. Confidentiality
Grantee shall keep confidential, and cause all Subcontractors to keep confidential, all State Records, unless
those State Records are publicly available. Grantee 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. Grantee shall
provide for the security of all State Confidential Information in accordance with all policies promulgated by
the Colorado Office of Information Security and all applicable laws, rules, policies, publications, and
guidelines. Grantee shall immediately forward any request or demand for State Records to the State’s
Principal Representative.
B. Other Entity Access and Nondisclosure Agreements
Grantee 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. Grantee
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.
Grantee shall provide copies of those signed nondisclosure provisions to the State upon execution of the
nondisclosure provisions.
C. Use, Security, and Retention
Grantee shall use, hold and maintain State Confidential Information in compliance with any and all applicable
laws and regulations in facilities located within the United States, and shall maintain a secure environment
that ensures confidentiality of all State Confidential Information wherever located. Grantee shall provide the
State with access, subject to Grantee’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, Grantee shall return State Records provided to Grantee
or destroy such State Records and certify to the State that it has done so, as directed by the State. If Grantee is
prevented by law or regulation from returning or destroying State Confidential Information, Grantee warrants
it will guarantee the confidentiality of, and cease to use, such State Confidential Information.
DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737
Page 9 of 18 Version 07.2022
D. Incident Notice and Remediation
If Grantee becomes aware of any Incident, it 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 Grantee can establish that none of Grantee or any of its agents, employees, assigns or Subcontractors
are the cause or source of the Incident, Grantee shall be responsible for the cost of notifying each person who
may have been impacted by the Incident. After an Incident, Grantee 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 Grantee shall make
all modifications as directed by the State. If Grantee cannot produce its analysis and plan within the allotted
time, the State, in its sole discretion, may perform such analysis and produce a remediation plan, and Grantee
shall reimburse the State for the reasonable costs thereof.
10. CONFLICTS OF INTEREST
A. Actual Conflicts of Interest
Grantee 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 Grantee under this Agreement. Such a conflict of interest
wo uld arise when a Grantee 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.
B. Apparent Conflicts of Interest
Grantee 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, Grantee shall refrain from any
practices, activities or relationships that reasonably appear to be in conflict with the full performance of
Grantee’s obligations under this Agreement.
C. Disclosure to the State
If a conflict or the appearance of a conflict arises, or if Grantee is uncertain whether a conflict or the
appearance of a conflict has arisen, Grantee 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. Contractor acknowledges that all State employees are subject to the ethical principles described in §24-18-
105, C.R.S. Contractor further acknowledges that State employees may be subject to the requirements of §24-
18-105, C.R.S. with regard to this Contract.
11. INSURANCE
Grantee shall obtain and maintain, and ensure that each Subcontractor shall obtain and maintain, insurance as
specified in this section at all times during the term of this Agreement. All insurance policies required by this
Agreement that are not provided through self-insurance shall be issued by insurance companies as approved by the
State.
A. Workers’ Compensation
Workers’ compensation insurance as required by state statute, and employers’ liability insurance covering all
Grantee 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 one fire.
DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737
Page 10 of 18 Version 07.2022
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. Professional Liability Insurance
Professional liability insurance covering any damages caused by an error, omission or any negligent act with
minimum limits as follows:
i. $1,000,000 each occurrence; and
ii. $1,000,000 general aggregate.
E. Crime Insurance
Crime insurance including employee dishonesty coverage with minimum limits as follows:
i. $1,000,000 each occurrence; and
ii. $1,000,000 general aggregate.
F. 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 Grantee and
Subcontractors.
G. Primacy of Coverage
Coverage required of Grantee and each Subcontractor shall be primary and noncontributory over any
insurance or self-insurance program carried by Grantee or the State.
H. Cancellation
All commercial 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 Grantee and Grantee
shall forward such notice to the State in accordance with §14 within seven days of Grantee’s receipt of such
notice.
I. Subrogation Waiver
All commercial insurance policies secured or maintained by Grantee 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 Grantee or the State, its agencies, institutions, organizations, officers, agents, employees,
and volunteers.
J. Public Entities
If Grantee is a “public entity” within the meaning of the Colorado Governmental Immunity Act, §§24-10-101,
et seq., C.R.S. (the “GIA”), Grantee 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, Grantee shall ensure that the Subcontractor maintain at all times during the terms of this Grantee, 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.
K. Certificates
For each commercial insurance plan provided by Grantee under this Agreement, Grantee shall provide to the
State certificates evidencing Grantee’s insurance coverage required in this Agreement within seven Business
Days following the Effective Date. Grantee shall provide to the State certificates evidencing Subcontractor
insurance coverage required under this Agreement within seven Business Days following the Effective Date,
except that, if Grantee’s subcontract is not in effect as of the Effective Date, Grantee shall provide to the State
certificates showing Subcontractor insurance coverage required under this Agreement within seven Business
Days following Grantee’s execution of the subcontract. No later than 15 days before the expiration date of
Grantee’s or any Subcontractor’s coverage, Grantee 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
DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737
Page 11 of 18 Version 07.2022
State, Grantee 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.
12. BREACH OF AGREEMENT
In the event of a Breach of Agreement, the aggrieved Party shall give written notice of Breach of Agreement to the
other Party. If the notified Party does not cure the breach, at its sole expense, within 30 days after the delivery of
written notice, the Party may exercise any of the remedies as described in §13 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 Grantee 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.
13. REMEDIES
A. State’s Remedies
If Grantee 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 §12, 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
In the event of Grantee’s uncured breach, the State may terminate this entire Agreement or any part of
this Agreement. Grantee shall continue performance of this Agreement to the extent not terminated, if
any.
a. Obligations and Rights
To the extent specified in any termination notice, Grantee 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, Grantee 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, Grantee shall assign to the State
all of Grantee’s rights, title, and interest in and to such terminated orders or subcontracts. Upon
termination, Grantee shall take timely, reasonable and necessary action to protect and preserve
property in the possession of Grantee but in which the State has an interest. At the State’s
request, Grantee shall return materials owned by the State in Grantee’s possession at the time of
any termination. Grantee 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 Grantee for accepted Work
received as of the date of termination. If, after termination by the State, the State agrees that
Grantee was not in breach or that Grantee’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, Grantee shall remain liable to the State
for any damages sustained by the State in connection with any breach by Grantee, and the State
may withhold payment to Grantee for the purpose of mitigating the State’s damages until such
time as the exact amount of damages due to the State from Grantee is determined. The State may
withhold any amount that may be due Grantee 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
DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737
Page 12 of 18 Version 07.2022
Suspend Grantee’s performance with respect to all or any portion of the Work pending
corrective action as specified by the State without entitling Grantee to an adjustment in price or
cost or an adjustment in the performance schedule. Grantee 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 Grantee after the suspension of performance.
b. Withhold Payment
Withhold payment to Grantee until Grantee corrects its Work.
c. Deny Payment
Deny payment for Work not performed, or that due to Grantee’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 Grantee’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, Grantee
shall, as approved by the State (i) secure that right to use such Work for the State and Grantee;
(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. Grantee’s Remedies
If the State is in breach of any provision of this Agreement and does not cure such breach, Grantee, following
the notice and cure period in §12 and the dispute resolution process in §14 shall have all remedies available at
law and equity.
14. 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 Grantee
for resolution.
B. Resolution of Controversies
If the initial resolution described in §14.A fails to resolve the dispute within ten Business Days, Grantee 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. (the “Resolution Statutes”), except that if Grantee wishes to challenge any decision rendered by
the Procurement Official, Grantee’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 Grantee 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.
15. 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 below or (C) as an email with read receipt requested to the
DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737
Page 13 of 18 Version 07.2022
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.
16. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
A. Work Product
i. Copyrights
To the extent that the Work Product (or any portion of the Work Product) would not be considered
works made for hire under applicable law, Grantee hereby assigns to the State, the entire right, title,
and interest in and to copyrights in all Work Product and all works based upon, derived from, or
incorporating the Work Product; all copyright applications, registrations, extensions, or renewals
relating to all Work Product and all works based upon, derived from, or incorporating the Work
Product; and all moral rights or similar rights with respect to the Work Product throughout the world.
To the extent that Grantee cannot make any of the assignments required by this section, Grantee hereby
grants to the State a perpetual, irrevocable, royalty-free license to use, modify, copy, publish, display,
perform, transfer, distribute, sell, and create derivative works of the Work Product and all works based
upon, derived from, or incorporating the Work Product by all means and methods and in any format
now known or invented in the future. The State may assign and license its rights under this license.
ii. Assignments and Assistance
Whether or not Grantee is under contract with the State at the time, Grantee shall execute applications,
assignments, and other documents, and shall render all other reasonable assistance requested by the
State, to enable the State to secure patents, copyrights, licenses and other intellectual property rights
related to the Work Product. The Parties intend the Work Product to be works made for hire. Grantee
assigns to the State and its successors and assigns, the entire right, title, and interest in and to all causes
of action, either in law or in equity, for past, present, or future infringement of intellectual property
rights related to the Work Product and all works based on, derived from, or incorporating the Work
Product.
B. Exclusive Property of the State
Except to the extent specifically provided elsewhere in this Agreement, any pre-existing State Records, State
software, research, reports, studies, photographs, negatives or other documents, drawings, models, materials,
data and information shall be the exclusive property of the State (collectively, “State Materials”). Grantee
shall not use, willingly allow, cause or permit Work Product or State Materials to be used for any purpose
other than the performance of Grantee’s obligations in this Agreement without the prior written consent of the
State. Upon termination of this Agreement for any reason, Grantee 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 Grantee
Grantee retains the exclusive rights, title, and ownership to any and all pre-existing materials owned or
licensed to Grantee 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 Grantee
under this Agreement, whether incorporated in a Deliverable or necessary to use a Deliverable (collectively,
“Grantee Property”). Grantee 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.
17. STATEWIDE CONTRACT MANAGEMENT SYSTEM
If the maximum amount payable to Grantee under this Agreement is $100,000 or greater, either on the Effective
Date or at any time thereafter, this section shall apply. Grantee agrees to be governed by and comply with the
DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737
Page 14 of 18 Version 07.2022
provisions of §§24-106-103, 24-102-206, 24-106-106, and 24-106-107, C.R.S. regarding the monitoring of vendor
performance and the reporting of Agreement performance information in the State’s Agreement management system
(“Contract Management System” or “CMS”). Grantee’s performance shall be subject to evaluation and review in
accordance with the terms and conditions of this Agreement, Colorado statutes governing CMS, and State Fiscal
Rules and State Controller policies.
18. GENERAL PROVISIONS
A. Assignment
Grantee’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 Grantee’s rights and obligations approved by the State shall be
subject to the provisions of this Agreement.
B. Subcontracts
Grantee shall not enter into any subgrant or subcontract in connection with its obligations under this
Agreement without the prior, written approval of the State. Grantee shall submit to the State a copy of each
such subgrant or subcontract upon request by the State. All subgrants and subcontracts entered into by
Grantee 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.
C. Binding Effect
Except as otherwise provided in §18.A, all provisions of this Agreement, including the benefits and burdens,
shall extend to and be binding upon the Parties’ respective successors and assigns.
D. Authority
Each Party represents and warrants to the other that the execution and delivery of this Agreement and the
performance of such Party’s obligations have been duly authorized.
E. Captions and References
The captions and headings in this Agreement are for convenience of reference only, and shall not be used to
interpret, define, or limit its provisions. All references in this Agreement to sections (whether spelled out or
using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections,
exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted.
F. Counterparts
This Agreement may be executed in multiple, identical, original counterparts, each of which shall be deemed
to be an original, but all of which, taken together, shall constitute one and the same agreement.
G. Entire Understanding
This Agreement represents the complete integration of all understandings between the Parties related to the
Work, and all prior representations and understandings related to the Work, oral or written, are merged into
this Agreement. Prior or contemporaneous additions, deletions, or other changes to this Agreement shall not
have any force or effect whatsoever, unless embodied herein.
H. Digital Signatures
If any signatory signs this agreement using a digital signature in accordance with the Colorado State
Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued under the
State Fiscal Rules, then any agreement or consent to use digital signatures within the electronic system
through which that signatory signed shall be incorporated into this Agreement by reference.
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
DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737
Page 15 of 18 Version 07.2022
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 Grantee’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 Grantee. Grantee shall be solely
responsible for any exemptions from the collection of excise, sales or use taxes that Grantee 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 § 18.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
Grantee shall perform its obligations under this Agreement in accordance with the highest standards of care,
skill and diligence in Grantee’s industry, trade, or profession.
S. Licenses, Permits, and Other Authorizations
Grantee 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 Subcontractor, all license, certifications,
permits and other authorizations required to perform their obligations in relation to this Agreement.
T. Indemnification
DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737
Page 16 of 18 Version 07.2022
i. General Indemnification
Grantee shall indemnify, save, and hold harmless the State, its employees, agents and assignees (the
“Indemnified Parties”), against any and all costs, expenses, claims, damages, liabilities, court awards
and other amounts (including attorneys’ fees and related costs) incurred by any of the Indemnified
Parties in relation to any act or omission by Grantee, or its employees, agents, Subcontractors, or
assignees in connection with this Agreement.
ii. Confidential Information Indemnification
Disclosure or use of State Confidential Information by Grantee in violation of §9 may be cause for
legal action by third parties against Grantee, the State, or their respective agents. Grantee shall
indemnify, save, and hold harmless the Indemnified Parties, against any and all claims, damages,
liabilities, losses, costs, expenses (including attorneys’ fees and costs) incurred by the State in relation
to any act or omission by Grantee, or its employees, agents, assigns, or Subcontractors in violation of
§9.
iii. Intellectual Property Indemnification
Grantee shall indemnify, save, and hold harmless the Indemnified Parties, against any and all costs,
expenses, claims, damages, liabilities, and other amounts (including attorneys’ fees and costs) incurred
by the Indemnified Parties in relation to any claim that any Work infringes a patent, copyright,
trademark, trade secret, or any other intellectual property right.
U. Accessibility
i. Grantee shall comply with and the Work Product provided under this Agreement shall be in compliance
with all applicable provisions of §§24-85-101, et seq., C.R.S., and the Accessibility Standards for
Individuals with a Disability, as established by the Governor’s Office of Information Technology
(OIT), pursuant to Section §24-85-103 (2.5), C.R.S. Grantee shall also comply with all State of
Colorado technology standards related to technology accessibility and with Level AA of the most
current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of
Colorado technology standards.
ii. Grantee shall indemnify, save, and hold harmless the Indemnified Parties against any and all costs,
expenses, claims, damages, liabilities, court awards and other amounts (including attorneys’ fees and
related costs) incurred by any of the Indemnified Parties in relation to Grantee’s failure to comply with
§§24-85-101, et seq., C.R.S., or the Accessibility Standards for Individuals with a Disability as
established by OIT pursuant to Section §24-85-103 (2.5), C.R.S.
iii. The State may require Grantee’s compliance to the State’s Accessibility Standards to be determined by a
third party selected by the State to attest to Grantee’s Work Product and software is in compliance with
§§24-85-101, et seq., C.R.S., and the Accessibility Standards for Individuals with a Disability as
established by OIT pursuant to Section §24-85-103 (2.5), C.R.S.
19. 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 Immunity Act, §24-10-101, et seq., C.R.S.; the
DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737
Page 17 of 18 Version 07.2022
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.
Grantee shall perform its duties hereunder as an independent contractor and not as an employee. Neither
Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of the State.
Grantee shall not have authorization, express or implied, to bind the State to any agreement, liability or
understanding, except as expressly set forth herein. Grantee and its employees and agents are not entitled
to unemployment insurance or workers’ compensation benefits through the State and the State shall
not pay for or otherwise provide such coverage for Grantee or any of its agents or employees. Grantee
shall pay when due all applicable employment taxes and income taxes and local head taxes incurred
pursuant to this Agreement. Grantee 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.
Grantee 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.
G. PROHIBITED TERMS.
Any term included in this Agreement that requires the State to indemnify or hold Grantee harmless; requires
the State to agree to binding arbitration; limits Grantee’s liability for damages resulting from death, bodily
injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio.
Nothing in this Agreement shall be construed as a waiver of any provision of §24-106-109 C.R.S.
H. SOFTWARE PIRACY PROHIBITION.
State or other public funds payable under this Agreement shall not be used for the acquisition, operation, or
maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions.
Grantee hereby certifies and warrants that, during the term of this Agreement and any extensions, Grantee has
and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If
the State determines that Grantee 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. Grantee has no interest and shall not
acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of
Grantee’s services and Grantee 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 Grantee in error for any reason, including,
DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737
Page 18 of 18 Version 07.2022
but not limited to, overpayments or improper payments, and unexpended or excess funds received by Grantee
by deduction from subsequent payments under this Agreement, deduction from any payment due under any
other contracts, grants or agreements between the State and Grantee, or by any other appropriate method for
collecting debts owed to the State.
DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737
Town of Estes Park Exhibit A
Birch Walkway Rehabilitation
Project #2022-M2-018
Page 1 of 1 Exhibit A
SCOPE OF WORK
I. Purpose: The purpose of this project is to complete the elevated walkway at the Birch Ruins
in Estes Park, Colorado.
II. Scope of Work is as follows:
A. Elevated Walkway Extension
1. Use existing construction documents to fabricate and install remaining walkway
2. File building permit and open flame permit
3. Close part of the parking lot and rope off the area for fabricators
4. Clean up work area to return to normal operations upon completion
O:\Contracting\Contracts\2022\M2\22 M2 018 (Estes Park Birch Ruins)\22 M2 018 Exhibit A.docx
DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737
Town of Estes Park Exhibit B
Birch Walkway Rehabilitation
Project #2022-M2-018
Page 1 of 1 Exhibit B
BUDGET
TASK AMOUNT
A. Walkway Extension $20,281
B. Project Manager $3,000
C. Permits $350
PROJECT SUBTOTAL $23,631
Contingency† $2,360
PROJECT TOTAL $25,991
Grant Award (74.99%) $19,491
Cash Match (25.01%) $6,500
Grant payments are based off the Project Subtotal. Total payments will equal Grant Award percentage of Project
Subtotal up to a maximum of the Grant Award Amount should contingency be requested and approved.
† Contingency - Must receive written approval from SHF Staff prior to use.
O:\Contracting\Contracts\2022\M2\22 M2 018 (Estes Park Birch Ruins)\22 M2 018 Exhibit B.docx
DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737
Town of Estes Park Exhibit C
Birch Walkway Rehabilitation
Project #2022-M2-018
Page 1 of 2 Exhibit C
LIST OF SUBMITTALS
Project Reports Due Date Society Response
a. Payment Request Form (Attachment 1).
Deliverables #1-3 below must be approved
before Advance Payment is made.
N/A Advance Payment of Grant
Award $7,088.
b. Progress Report # 1 February 1, 2023 Review *
c. Progress Report # 2 May 1, 2023 Review *
d. Progress Report # 3
e. Progress Report # 4
August 1, 2023
November 1, 2023
Review *
Review *
f. Interim Financial Report (Attachment 1).
Deliverables #4-5 below must be approved
before Interim Payment is made.
November 15, 2023 ** Review & Approve.
Interim Payment of Grant
Award $8,861. †
g. Progress Report # 5 February 1, 2024 Review *
h. Progress Report # 6 May 1, 2024 Review *
i. Progress Report # 7 August 1, 2024 Review *
j. Final Financial Report (Attachment 1). All
deliverables must be approved before payment is
made.
September 15, 2024 *** Review & Approve.
Final Payment of Grant
Award $1,772. †
* At the discretion of the SHF technical staff, progress reports may not receive a response.
** Interim Financial Report due date is a guideline. Please submit Interim Financial Report when 40% or
more of Advance is expended and you are ready for the next payment.
*** Final Payment is a reimbursement ONLY after all contractors are paid in full.
† Payment may increase due to approval of contingency funds.
All deliverables and submittals must be received at least 30 days prior to the Grant End Date.
DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737
Town of Estes Park Exhibit C
Birch Walkway Rehabilitation
Project #2022-M2-018
Page 2 of 2 Exhibit C
PROJECT DELIVERABLES
Deliverables #1-5 must be received and approved prior to physical work beginning. All deliverables must
be submitted digitally to your assigned Resource Specialist.
Project Deliverables SHF Response
1. Initial Consultation with SHF Resource Specialist Review Comment and/or Approve
2. Contract Certification for: Project Manager Review Comment and/or Approve
3. Repackaged construction documents, if necessary Review Comment and/or Approve
4. Contract Certification for: Contractor Review Comment and/or Approve
5. Preconstruction meeting with SHF Resource Specialist Review Comment and/or Approve
6. Interim meeting with SHF Resource Specialist Review Comment and/or Approve
7. Copies of Change Orders Review Comment and/or Approve
8. After photos of Scope of Work Review Comment and/or Approve
O:\Contracting\Contracts\2022\M2\22 M2 018 (Estes Park Birch Ruins)\22 M2 018 Exhibit C.docx
DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737
Town of Estes Park Exhibit D
Birch Walkway Rehabilitation
Project #2022-M2-018
Page 1 of 1 Exhibit D
STATE HISTORICAL FUND PROVISIONS
1. STANDARDS OF WORK
The Property Owner and Grant Recipient agree that they will perform the activities listed in Exhibit A and produce the
deliverables listed in Exhibit C in accordance with the pertinent sections of the applicable Secretary of the Interior's
Standards for Archaeology and Historic Preservation. The Property Owner and Grant Recipient shall perform any and all
survey activities and submittals in accordance with the Survey Manual and How to Complete Colorado Cultural Resource
Inventory Forms, Volumes I and II, June 1998 (Revised December 2001) for any and all survey activities and projects
(copies of which are available through History Colorado).
2. DISSEMINATION OF ARCHAEOLOGICAL SITE LOCATIONS
The Grant Recipient and Property Owner agree to provide History Colorado with copies of any archaeological surveys
developed during the course of, or under a project financed either wholly or in part by History Colorado. The Grant
Recipient and Property Owner agree to otherwise restrict access to such archaeological surveys, as well as access to any
other information concerning the nature and location of archaeological resources, in strict accordance with the provisions
of History Colorado-Office of Archaeology and Historic Preservation, Policy on Dissemination of Information, adopted
October 1991, a copy of which is available from History Colorado.
3. PUBLIC ACKNOWLEDGEMENT OF FUNDING SOURCE
In all publications and similar materials funded under this Agreement, a credit line shall be included that reads: "This
project is/was paid for in part by a History Colorado – State Historical Fund grant." In addition, History Colorado reserves
the right to require that the following sentence be included in any publication or similar material funded through this
program: "The contents and opinions contained herein do not necessarily reflect the views or policies of History
Colorado".
4. MATCHING FUNDS
In the event that said matching funds, as provided in Cover Page & Exhibit B, become unavailable, the State may, in its
sole discretion, reduce its total funding commitment to the Project in proportion to the reduction in matching funds. If the
total funding set forth in the Project Budget is not expended on completion of the Project, the State may reduce its
pro-rata share of the unexpended budget.
5. QUALIFYING EXPENDITURES
Expenditures incurred by the Grantee or Property Owner prior to execution of this Agreement are not eligible
expenditures for State reimbursement. If the Project involves matching funds the State may allow prior expenditures in
furtherance of the Scope of Work to be counted as part of such matching funds.
6. BUDGET REVISIONS
In the event budget line items need to be increased/decreased over 25% for any budget line item, Grantee shall provide a
written request, in advance, with a detailed explanation and information for the revision(s) in a form and manner approved
by the State.
7. INTEREST EARNED
Interest earned on funds advanced by the State shall be applied to eligible project expenditures, and will be deducted from
the final payment.
8. RECAPTURE
The following recapture provision shall apply only to a private/for-profit Property Owner: In the event that the property,
as a whole, is sold within a five-year period after completion of the grant, the following recapture provision shall apply: If
the property is sold within the first year after completion, one-hundred percent (100%) of the funds awarded shall be
returned to the State, with a twenty percent (20%) reduction per year thereafter.
9. ACQUISITIONS
For acquisition projects, upon receipt by the State of documentation for the execution of a recorded deed of real property
between Property Owner and Grantee, the State, Grantee, and Property Owner agree the Property Owner will cease to be
a party to the Agreement.
v. 10.29.2021
DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737
Town of Estes Park Exhibit E
Birch Walkway Rehabilitation
Project #2022-M2-018
Page 1 of 4
COVENANT PROPERTY PROTECTION
I. Parties: This Agreement is by and between the State of Colorado for the use and benefit of the
Department of Higher Education, History Colorado, the Colorado Historical Society, 1200
Broadway, Denver, Colorado 80203 and Town of Estes Park, Property Owner, 170 MacGregor
Avenue, Estes Park, Colorado 80517.
II. Property: the Birch Cabin-Willows Property-Birch Ruins located at MacGregor Avenue &
Wonderview Avenue, Estes Park, Colorado, in Larimer County, which has been listed in the State
Register of Historic Properties, and is more particularly described as follows:
LOT 2, BIRCH RESUB, EP (Building footprints only)
III. Preservation of Property:
A. EASEMENT: If required, in the sole discretion of the State, the provisions in the following
paragraph are hereby incorporated into this agreement:
Easement Required: Yes No
i. Property Owner shall place or cause to be placed on the property title a perpetual easement,
which easement shall be transferred to an organization qualified to hold easements of this
kind under Section 170(h)(3) of the Internal Revenue Code and Internal Revenue Service
Regulations, Section 1.170A-14(c).
ii. The easement shall, at a minimum, prohibit any alteration of the premises, which would
affect the exterior appearance of the property unless first authorized by the easement holding
organization with appropriate exceptions to permit routine maintenance. Other necessary
language shall protect the interests of the easement holding organization in the event of
damage to the property, and shall further require that the easement be transferred to a similar
organization in the event that the selected organization becomes unable for any reason to
perform its obligations pursuant to the easement agreement.
iii. Property Owner agrees that the easement form and any associated costs shall be subject to
the approval of the State. State shall pay the costs for the easement in the amount(s) set forth
in Exhibit B.
B. COVENANT: The Property Owner hereby agrees to the following for a period of 10 years
commencing on the date it is filed with the County Recorder; provided that it shall not take effect
or be filed until a Grant Agreement is executed by the Grantee (the Property Owner) and the State
for the project and the final payment is issued to the Grantee as outlined in §6 of the Grant
Agreement.
DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737
Town of Estes Park Exhibit E
Birch Walkway Rehabilitation
Project #2022-M2-018
Page 2 of 4
i. Without the express written permission of History Colorado, no construction, alteration,
movement, relocation or remodeling or any other activity shall be undertaken or permitted
to be undertaken on the Property which would alter the architectural appearance of the
Property, adversely affect the structural soundness of the Property, encroach on the open and
area of the Property, or adversely affect such prominent landscape features as trees, hedges,
fences, walls or paths. Such work, when permitted shall be performed according to the
Secretary of the Interior’s Standards for the Treatment of Historic Properties and the
Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings,
issued and as may from time to time be amended by the U.S. Secretary of the Interior,
hereinafter collectively referred to as the “Standards”. In all events, the Property Owner
further agrees at all times to maintain the Property in a good and sound state of repair and to
maintain the Property according to the Standards so as to prevent deterioration of the
Property.
ii. In the event of severe damage or total destruction to the Property (defined, for the purpose
of this provision, as sudden damage or loss caused by fire, earthquake, inclement weather,
acts of the public enemy, riot or other similar casualty) not due to the fault of the Property
Owner this provision shall terminate as of the date of such damage or destruction.
iii. All financial obligations of the Property Owner under this Agreement are contingent upon
appropriation, budgeting, and availability of specific funds to discharge such
obligations. Nothing in this Agreement shall be deemed a debt or multiple fiscal year
financial obligation of the Town or a pledge of the Town's credit, or a collection or
payment guarantee by the Town.
iv. History Colorado, or a duly appointed representative of History Colorado, shall be
permitted to inspect the Property at all reasonable times in order to ascertain if the above
conditions are being observed.
v. When Section B is for COVENANT, within sixty (60) days of the completion of this
Award, Property Owner covenants and agrees that History Colorado will record this
Exhibit with the county clerk and recorder for the county in which the property is located.
Property Owner further covenants and agrees that this Exhibit will constitute a binding
covenant that will run with the land.
vi. When section B is for LETTER OF AGREEMENT, History Colorado will maintain record
of this Exhibit until the expiration of the letter of agreement period.
vii. The provisions of this Paragraph will cease to be effective upon the conveyance of an
approved easement if such is required pursuant to EASEMENT Paragraph above.
DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737
DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737
DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737
Town of Estes Park Exhibit F
Birch Walkway Rehabilitation
Project #2022-M2-018
Page 1 of 1 Exhibit F
SAMPLE OPTION LETTER
State Agency
Department of Higher Education, History Colorado, the Colorado Historical Society
SHF Grant Number/Original
Agreement
2022-M2-018
Grantee
Town of Estes Park
Option Agreement Number
2022-M2-018 F1
Agreement Maximum Amount
$19,491.00
Maximum Grant Funds Percentage
74.99%
Agreement Start Date
Cash Match Amount
$6,500.00
Cash Match Percentage
25.01%
Current Agreement End Date
1. OPTIONS:
A. Option to extend for an Extension Term
2. REQUIRED PROVISIONS:
A. For use with Option 1(A): In accordance with Section(s) 2.C. of the Original Agreement referenced above, the
State hereby exercises its option for an additional term, beginning on the Option Effective Date and ending on the
current Agreement expiration date shown above, at the rates stated in the Original Agreement, as amended. The
Agreement Submittals and Deliverables of Exhibit C is hereby modified as shown in Revised Exhibit C attached.
3. OPTION EFFECTIVE DATE:
A. The effective date of this Option Letter is upon approval of the State Controller or delegate, whichever is later.
STATE OF COLORADO
Jared S. Polis, Governor
History Colorado
Dawn DiPrince, Executive Director or Designee
______________________________________________
By: Dawn DiPrince, Executive Director
Date: _________________________
In accordance with §24-30-202, C.R.S., this Option is not
valid until signed and dated below by the State Controller or
an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
___________________________________________
By: History Colorado
Option Effective Date:_____________________
DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737
PAYMENT REQUEST AND FINANCIAL REPORT FORM (ATTACHMENT 1)
G:\Shared drives\SHF\O drive 3.16.20\Contracting\Award Packet\Left Side\Pay Request and Financial Report rev 07012021.docx
For advance, contingency, and easement fee payments: Only complete steps 1, 2, and 5.
− Include a copy of the Easement Fee invoice when requesting an Easement Payment.
For all other payments, ALL steps and page 2 must be completed.
− Copies of invoices are not required, but may be requested by SHF staff.
Guidelines:
− Refer to Exhibit C of your grant award document for payment amounts and deliverables due before submitting a payment
request.
− At least 40% of your previous grant payment must be spent or invoiced prior to receiving the Interim Payment(s).
− Approved contingency funds will be added to your final payment if not requested previously.
− Final payment is a reimbursement only. All invoices must be paid in full.
Step 1) General Information:
Project # Grant Recipient Organization:
Step 2) Payment(s) Requested (Choose all that apply):
Advance Interim 2nd Interim (if applicable) Final Contingency Easement
Step 3) Financial Report:
− Report all payments you’ve made, including payments of cash match, to subcontractors and individuals for work on the
project since your last payment request.
− You must indicate which budget task(s) from Exhibit B the payment is for. If a single payment is for more than one budget
task, break the invoice out onto multiple lines to report the amount paid for each task.
Award Amount $ Project Ratio Grant Funds: % / Cash Match: %
PAYEE NAME
whom you paid
BUDGETED TASK
as listed in Exhibit B of Contract DATE PAID CHECK # AMOUNT PAID
I hereby certify that all expenses reported above have been PAID and that all
of the information is correct and that any false or misrepresented information
may require immediate repayment of any or all funds.
1st Interim Financial Report Total
2nd Interim Financial Report Total
Final Financial Report Total
Project Total
Step 4) Additional Information:
Project is estimated __________% Complete Interest Earned: $____________
Step 5) Signature:
_______________________________________________________
Grant Recipient Organization Signatory Date
FOR SHF USE ONLY
____________________ Review
___________________ QC
___________________ Approved
DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737
PUBLIC WORKS Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Laura Blevins, Grant Specialist
Brian Berg, Parks Supervisor
Date: December 13, 2022
RE: Letter of Support for Recycling Resources Economic Opportunity (RREO)
Grant Program from Colorado Department of Public Health and
Environment
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER Support Letter
QUASI-JUDICIAL YES NO
Objective:
Public Works staff are requesting the Town Board authorize the Mayor to sign a support
letter to the Colorado Department of Public Health and Environment (CDPHE) for the
Recycling Resources Economic Opportunity (RREO) Grant. This grant will fund two
composters (one mobile and one stationary) for the Public Works Parks Division.
Present Situation:
This grant program was created by the RREO Act in 2007 and established that
recycling is an important way to realize both environmental and economic benefits to
the state, including job creation.
In 2017 the Colorado Solid and Hazardous Waste Commission adopted a resolution
establishing statewide and regional waste diversion goals. This RREO grant meets the
goal of reducing the amount of residual contamination and installing equipment that will
create a safer and more efficient operation.
At this time, there is not a place in Estes Park to dispose of organic waste. All organic
waste is taken to the Larimer County Landfill. The Town’s Parks Division has been
composting their own selected material but still end up sending a lot of organic material
to the landfill because they are unable to properly screen it. Staff recognized this need
and included a small mobile screen composter in the Parks budget for 2023. Staff also
recognizes the improved efficiency and productivity available with the proper equipment
and the addition of a second, stationary composter.
This grant opportunity would allow expansion of the Town’s composting efforts. With
two composters, the Parks Division could keep much more of the soil and compostable
material in Estes Park. This will eliminate trucking waste to the Larimer County Landfill
and also eliminate the need for the Town to purchase and import compost to Estes Park
for use in the Town’s landscaped areas.
The Estes Park Environmental Sustainability Task Force Report, Goal 13 states:
“Establish an innovative and comprehensive solid waste recycling and composting
management system.” This would be another step toward meeting that goal.
Proposal:
Public Works staff is proposing to submit a grant application for this funding opportunity
and is asking the Town Board to document their support of this application with the
attached letter. The grant application will be submitted on January 5, 2023.
Advantages:
•This letter confirms the Town’s support for this project and the grant application.
•There is no cost share requirement; however, applicants with a match will be scored
more favorably.
•This grant could result in acquiring two larger composters for the 2023 funding of
one smaller composter.
•The purchase of two larger composters will allow the Parks Division to sort and use
twice as much composting material.
•A cash match is not required; however, any proposed over-match will make our
application more competitive.
Disadvantages:
•Funds will be given on a cost-reimbursement basis only. The Town must be
financially prepared to pay for these costs upfront and then be reimbursed.
•If awarded, the funds must be used by June 30, 2024. Any grant funds not used by
that date will be forfeited.
Action Recommended:
Public Works staff recommend the Town Board authorize the Mayor to sign the support
letter to the CDPHE for the RREO grant.
Finance/Resource Impact:
The estimated cost of the two larger composters is $74,584.21. The Town would need
to have the funds available to initially purchase the two composters and then be
reimbursed. The Town has set aside $21,000 in the budget to purchase a smaller
screen composter. This money could be used toward the $74,584.21.
Level of Public Interest
Public interest for recycling efforts in Estes Park is moderate.
Sample Motion:
I move to approve/deny authorizing the Mayor to sign the support letter.
Attachments:
1.Town Board Letter of Support for RREO Grant
2.Vendor Quotes for 3 Composters
Board of Trustees Mayor & Trustees 970-577-4777wkoenig@estes.org
170 MAGREGOR AVE. P.O. BOX 1200, ESTES PARK CO. 80517 WWW.ESTES.ORG
December 13, 2022
Colorado Department of Public Health & Environment
Recycling Resources Economic Opportunity (RREO) Program
Grant Review Committee
cdphe.ppp2@state.co.us
RE: Support Letter
Dear Grant Review Committee:
The purpose of this letter is to affirm the Town of Estes Park Board of Trustees’ support
for the Recycling Resources Economic Opportunity (RREO) grant application.
The Town of Estes Park’s Public Works Parks Division has been composting plant
materials on a small scale for over 10 years. This grant would allow the Parks Division
to purchase two topsoil and compost screens that will allow them to expand their current
operation by doubling the annual waste tonnage diverted from the landfill. It would also
significantly decrease the CO2 in the atmosphere by reducing the number of trips made
to the landfill and the number of trips required to bring compost to Estes Park.
The RREO grant would support Estes Forward, the recently adopted Comprehensive
Plan, that will guide the policy decisions of the Town more accurately and holistically
into the future. Additionally, the citizen-led Environmental Sustainability Task Force
worked with Town employees to create and present a detailed report of initiatives in
February 2022, which included 23 recommendations for solid waste management.
These recommendations challenge and encourage the Town to establish an innovative
and comprehensive solid waste, recycling, and composting management system. The
Board of Trustees fully supports the diversion, reduction, and reuse programs for solid
waste, as well as the informing and educating of the public and the more than four
million annual visitors about waste management programs and practices throughout the
Estes Valley.
We hope that this grant will allow us to continue to expand our recycling and
composting program in Estes Park. For these reasons, the Town of Estes Park Board of
Trustees fully supports this grant application.
TOWN OF ESTES PARK
Wendy Koenig
Mayor
ATTACHMENT 1
Quotation for Town of Estes Park
EZ-SCREEN™ 1000XL PORTABLE SCREENER
November 7, 2022
FEATURES:
-Frame is constructed of structural, tube steel which reduces vibration, decreasing
susceptibility to cracks and structural failure that is common with C-channel
construction found on inexpensive screeners
-All EZ-Screen surfaces are sandblasted, then treated with a baked-on powder coat finish
-Loading bucket size range up to an 8’ wide bucket. Matched to work with ½ to
-1-¾ yard loaders. Inside access for bucket 9’4” Feed height at hopper 8’3”
-Double deck 6’x 5’ Screen Box with end tensioned screens
-KOHLER™ KD15-440 single cylinder air-cooled diesel engine, 10-HP with hour meter
and electric start is standard
-Fully enclosed, lockable engine compartment and starter panel
-EXIDE™ “AGM” battery for long life in a vibratory environment
-Patented non-hydraulic EZ-Kinetic Screen Drive
-Dual-stage air filter system with pre-cleaner
-Tow hitch has safety chains, 7,000 lb. capacity jack, break-away controller and battery
and can be equipped with either 3” lunette ring or 2-5/16” ball hitch option available
-Sealed wiring harness for legal towing
-6,000 lb. capacity axle on rear with EZ-Screen exclusive hand activated rear pivoting
assembly with electric brakes,
-225/75 R15 “E” range 8 ply trailer tires plus detachable mudflaps
-High-speed 5-lug bolt pre-greased hub set
-Dimensions : 13’ 3-3/4” x 5’ 8” x 8’ 3” (4.06m x 1.72m x 2.52m)
-Overall weight: 5,462 lb. (2477.52kg)
-Made in USA
Machine Cost: $ 37,900.00
Freight from Marshall, MI to Estes Park, CO $ 1,921.87
Total Cost: $ 39,821.87
DUE TO EXTREME MARKET VOLATILITY AND PENDING US GOVERNMENT SECTION 232 TRADE
CASES, ALL PRICES AND AVAILABILITY ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE.
Buyer may be responsible for sales and/or use tax at time of purchase depending on State Laws
Argus Industrial Co., L.L.C. has a policy of continuous product improvements and reserves the right
to change specifications, de signs or prices anytime without notice or the incurring of any obligation
16 West Huron, Pontiac, MI 48342 248 745 5828 Fax 248 745 5825 ez-screen.com
001 Large stationary topsoil and compost screen to be purchased if grant is approved
ATTACHMENT 2
Quotation for Town of Estes Park
EZ-SCREEN™ 800 FEATURES, SPECIFICATIONS AND PRICING
November 7, 2022
FEATURES:
-Loading bucket size range is up to an 8’ wide bucket with a
-7’-8 1/2” feed height (on one set of blocks) to a 9’-8 ½” feed
-height (on two sets of blocks)
-6’ X 5’ double deck screen box with end tensioned screens
-The top deck is equipped with woven screen cloth and
-the bottom deck normally a woven slotted screen
-Hundreds of different screen combinations available.
-Single cylinder KOHLER™ KD15-440 air-cooled diesel, 10-HP with
an hour meter and electric starting system is standard.
-EXIDE™ “AGM” battery for long life in a vibratory environment
-Dual stage air filter system
-Fully enclosed, lockable engine compartment and starter panel
-Patented non-hydraulic screen drive
-All EZ-Screen surfaces are a durable baked powder coat finish
-Made in USA
Machine Cost:$ 32,900.00
Freight from Marshall, MI to Estes Park, CO $ 1,863.21
Total Cost:$ 34,763.21
DUE TO EXTREME MARKET VOLATILITY AND PENDING US GOVERNMENT SECTION 232 TRADE CASES,
ALL PRICES AND AVAILABILITY ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE.
Buyer may be responsible for sales and/or use tax at time of purchase depending on State Laws
Argus Industrial Co., L.L.C. has a policy of continuous product improvements and
reserves the right to change specifications, designs or prices anytime
without notice or the incurring of any obligations.
16 West Huron, Pontiac, MI 48342 248 745 5828 Fax 248 745 5825 ez-screen.com
002 Mobile topsoil and compost screen to be purchased if grant approved
Quotation for Town of Estes Park
EZ-SCREEN™ 600 FEATURES, SPECIFICATIONS AND PRICING
November 7, 2022
FEATURES:
-Loading bucket size range ½ to 3/4 yard (Bucket width 84” or less)
-Feed height at hopper is 68”
-Inside access for bucket 100” wide X 48” high
-Overall length 14’-10”
-Overall width 55”
-Double (2) Deck 5’ X 4’ Screen Box
-The screen box is equipped standard with two (2) woven screens
-Honda GX160 5.5hp 4.0kw Gas Engine
-Patented non-hydraulic aggressive vibratory drive
-All EZ-Screen surfaces are a baked powder coat finish
-Wiring Harness with lights for legal towing
-Four (4) 2000 lb cap angle of incline adjustment jacks
-Tow hitch has safety chains, 3500 lb cap jack set-up for 2-5/16” ball
-High speed 4-lug bolt pre-greased hub set
-B78 X 13” Tires Load Range “B”
-Made in USA
Machine Cost: $ 18,900.00
Freight from Albion, MI to Estes Park, CO $ 1,859.63
Total Cost: $ 20,759.63
DUE TO EXTREME MARKET VOLATILITY AND PENDING US GOVERNMENT SECTION 232 TRADE
CASES, ALL PRICES AND AVAILABILITY ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE.
Buyer may be responsible for sales and/or use tax at time of purchase depending on State Laws
Argus Industrial Co., LLC has a policy of continuous product improvements and reserves
the right to change specifications, designs or prices anytime without notice or the
incurring of any obligations.
16 West Huron, Pontiac, MI 48342 248 745 5828 Fax 248 745 5825 ez-screen.com
003-Small mobile topsoil and compost screen that could be purchased and stay within 2023 budget.
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jessica Garner, AICP, Community Development Director
Date: December 13, 2022
RE: Resolution 100-22: Professional Services Contract Amendment Four with
SAFEbuilt Colorado, LLC, for Renewal of Building Safety Services Contract,
2023
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Review and approve a contract amendment renewing the Town’s existing Professional
Services Contract with SAFEbuilt Colorado, LLC for building safety services on behalf of the
Town. The amendment would exercise a renewal clause in the current Contract to extend the
Contract through CY 2023. Except for the renewed timeframe, no changes to the existing
Contract are proposed or contemplated in 2023.
Present Situation:
Since early 2019, the Town and SAFEbuilt have had a contractual agreement for staffing the
Building Safety division in the Community Development Department and performing
operational services and responsibilities in the division on behalf of the Town and community.
This contract and the services performed pursuant to it have proven more than satisfactory
over three years. Both Town staff and SAFEbuilt personnel are pleased with the contract and
believe renewing it without material change is in all parties’ best interest.
Section 25 of the existing Contract reads as follows:
25.TERM: This Contract shall commence on January 1, 2020 and shall continue through
December 31, 2020 with the option of four (4) additional renewals, on an annual basis,
upon agreement of both parties.
Memo COMMUNITY DEVELOPMENT
Proposal:
The contract section above provides the authority for SAFEbuilt and the Town to renew the
Contract for CY 2023. To ensure that all contract elements are including in a single, updated
document, the Town and SAFEbuilt propose that an amendment to the Contract be approved
that would exercise the third of the four renewal options in Sec. 25. Approving this amendment
will add it to the current Contract and leave all remaining provisions in effect.
The renewal amendment is Amendment Four to the Contract (Attachment 2.) The Board will
recall that Amendment Three was adopted in December 2021; which utilized the second of
four renewal options and extended the terms of agreement to December 31, 2022.
A copy of the full existing contract, including Amendment One, is included (Attachment 3.)
Town staff is pleased with SAFEbuilt’s services and personnel; the contractors and community
members are, too; and this amendment will continue the relationship along the same lines
through December 31, 2023.
Advantages:
•Continues a positive model for providing building-safety services to the Town and
community at a reasonable financial rate.
•Allows a currently mutually beneficial contractual relationship to continue.
Disadvantages:
•There is always an argument for providing Town services through a Town staffing and
resource model.
Action Recommended:
Staff recommends approval of the contract amendment as drafted.
Finance/Resource Impact:
Approximately budget neutral, based on estimated cost and revenue. Estimated building-
permit revenue in 2023 is approximately $500,000.
Level of Public Interest
Medium-to-high among contractors and builders; low among general public.
Sample Motions:
I move to approve/deny Resolution 100-22.
Attachments:
1.Resolution 100-22
2. Amendment Four / Professional Services Agreement between Town of Estes Park,
Colorado and SAFEbuilt Colorado, LLC.
3.Town of Estes Park, Colorado Professional Services Agreement with SAFEbuilt
Colorado, LLC (including Amendment One), dated July 15, 2020.
4.Town of Estes Park, Colorado Professional Services Agreement with SAFEbuilt
Colorado, LLC (Amendment Two), dated January 19, 2021.
5.Town of Estes Park, Colorado Professional Services Agreement with SAFEbuilt
Colorado, LLC (Amendment Three), dated December 14, 2021.
RESOLUTION 100-22
APPROVING AMENDMENT FOUR TO THE PROFESSIONAL SERVICES
AGREEMENT WITH SAFEBUILT COLORADO LLC FOR BUILDING SAFETY
SERVICES
WHEREAS, the Town Board desires to enter into an amendment to renew the
professional services agreement referenced in the title of this resolution for the purpose
of providing building safety services; and
WHEREAS, this agreement provided for four one-year renewals of the contract,
of which this is the third; and
WHEREAS, the original agreement was approved by Town Board at its January
14, 2020 Town Board meeting, with an effective date of January 1, 2020; and
WHEREAS, on July 14, 2020 the Town Board approved Amendment One to the
agreement, adding a permit technician to the staffing arrangement and modifying the
fee schedule for Town-owned projects; and
WHEREAS, the first renewal of the agreement (Amendment Two) was approved
by Town Board at its January 12, 2021 meeting; and
WHEREAS, the second renewal (Amendment Three) was approved by the Town
Board at its December 14, 2021 meeting.
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, Amendment Four to the
SAFEbuilt Colorado LLC professional services agreement, as referenced in the title of
this resolution, in substantially the form now before the Board.
DATED this day of , 2022.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
ATTACHMENT 1
AGREEMENT AMENDMENT Page 1 of 1
AMENDMENT FOUR
PROFESSIONAL SERVICES AGREEMENT
BETWEEN TOWN OF ESTES PARK, COLORADO
AND SAFEbuilt COLORADO, LLC
This Amendment is entered into to amend the Professional Services Agreement previously entered into on January
01, 2020, by and between Town of Estes Park, Colorado (Town) and SAFEbuilt Colorado, LLC, a wholly owned subsidiary
of SAFEbuilt, LLC, (Consultant). Town and the Consultant shall be jointly referred to as the “Parties”.
Amendment Effective Date: This Amendment shall be effective on January 1, 2023.
RECITALS AND REPRESENTATIONS
Town and Consultant entered into a Professional Services Agreement ( Agreement), by which both Parties
established the terms and conditions for service delivery for the period of January 01, 2020 through December 31, 2020
with the option of four (4) additional renewals, on an annual basis, upon agreement of both Parties; and
On July 15, 2020, Town and Consultant instituted Amendment One to the Agreement to add Permit Technician
services; and
On January 19, 2021, Parties instituted Amendment Two to the Agreement to exercise the first of four (4) renewal
options and extend the term of the Agreement through December 31, 2021; and
On December 14 2021, Parties instituted Amendment Three to the Agreement to exercise the second of four (4)
renewal options and extend the term of the Agreement through December 31, 2022; and
Parties hereto now desire to amend the Agreement as set forth herein; and
NOW, THEREFORE
Agreement is hereby amended as set forth below:
1. Town and Consultant desire to exercise the third of four (4) renewal options provided for in Section 25.
The term of Agreement shall be extended for an additional twelve (12) month period of January 01, 2023
through December 31, 2023.
All other provisions of the original Agreement shall remain in effect, to the extent not modified by Amendment.
IN WITNESS HEREOF, the undersigned have caused this Amendment to be executed in their respective names on the
dates hereinafter enumerated.
Gary Amato, CAO Date
SAFEbuilt Colorado, LLC
TOWN OF ESTES PARK:
Mayor Date
ATTEST:
Town Clerk Date
APPROVED AS TO FORM:
November 28, 2022
Town Attorney
ATTACHMENT 2
ATTACHMENT 3
EXHIBIT A
SAFEbuilt SCOPE OF SERVICES AND COST PROPOSAL
1. SCOPE OF SERVICES
Consultant will perform Services in accordance with codes, amendments and ordinances adopted by the
elected body of Municipality. The qualified professionals employed by Consultant will maintain current
certifications, certificates, licenses as required for Services that they provide to Municipality. Consultant
is not obligated to perform services beyond what is contemplated by this Agreement.
2. SOLICITATION/HIRING OF CONSULTANT’S EMPLOYEES
During the term of this Agreement and for one year thereafter, Municipality shall not solicit, recruit or hire,
or attempt to solicit, recruit or hire, any employee or former employee of Consultant who provided
services to Municipality pursuant to this Agreement (“Service Providers”), or who interacted with
Municipality in connection with the provision of such services (including but not limited to supervisors or
managers of Service Providers, customer relations personnel, accounting personnel, and other support
personnel of Consultant). Parties agree that this provision is reasonable and necessary in order to preserve
and protect Consultant’s trade secrets and other confidential information, its investment in the training of
its employees, the stability of its workforce, and its ability to provide competitive building department
programs in this market. If any provision of this section is found by a court or arbitrator to be overly broad,
unreasonable in scope or otherwise unenforceable, Parties agree that such court or arbitrator shall modify
such provision to the minimum extent necessary to render this section enforceable. In the event that
Municipality hires any such employee during the specified period, Municipality shall pay to Consultant a
placement fee equal to 25% of the employee’s annual salary including bonus.
3. LIST OF SERVICES
Building Official Services
Manage and help administer the department and report to Municipality’s designated official
Be a resource for Consultant team members, Municipal staff, and applicants
Help guide citizens through the complexities of the codes in order to obtain compliance
Monitor changes to the codes including state or local requirements and determine how they may
impact projects in the area and make recommendations regarding local amendments
Assist Municipal staff in revising and updating municipal code to comply with adopted requirements
Provide Building Code interpretations for final approval
Oversee our quality assurance program and will make sure that we are meeting our agreed upon
performance measurements and your expectations
Provide training for our inspectors on Municipality adopted codes and local amendments as needed
Oversee certificate of occupancy issuance to prevent issuance without compliance of all departments
Attend staff and council meetings as mutually agreed upon
Responsible for reporting for Municipality – frequency and content to be mutually agreed upon
Responsible for client and applicant satisfaction
Work with Municipal staff to establish and/or refine building department processes
Issue stop-work notices for non-conforming activities – as needed
Building, Plumbing, and Mechanical Inspection Services
Consultant will provide a certified Combination Inspector
Services excludes Electrical Inspections to be provided by the State of Colorado
Perform code compliant inspections to determine that construction complies with approved plans
Meet or exceed agreed upon performance metrics regarding inspections
Provide onsite inspection consultations to citizens and contractors while performing inspections
Return calls and emails from permit holders in reference to code and inspection concerns
TOWN OF ESTES PARK, COLORADO
PROFESSIONAL SERVICES AGREEMENT
Page 14 of 17
Identify and document any areas of non-compliance
Leave a copy of the inspection ticket and discuss inspection results with site personnel
Vacation Rental Inspections
Provide in accordance with Ordinance 06-19 and 2015 International Residential Code
Plan Review Services
Provide plan review services electronically or in the traditional paper format
Review plans for compliance with adopted building codes, local amendments or ordinances
Be available for pre-submittal meetings by appointment
Coordinate plan review tracking, reporting, and interaction with applicable departments
Provide feedback to keep plan review process on schedule
Communicate plan review findings and recommendations in writing
Return a set of finalized plans and all supporting documentation
Provide review of plan revisions and remain available to applicant after the review is complete
Permit Technician Services
Provide qualified individuals to perform the functions of this position
Facilitate the permitting process from initial permit intake to final issuance of permit
Review submittal documents and request missing information to ensure packets are complete
Provide front counter customer service as necessary
Answer questions concerning the building process and requirements at the counter or over the
phone
Form and maintain positive relationships with Municipal staff and maintain a professional image
Determine permit fees based on Municipal fee schedule as established by ordinance, if requested
Work with Municipal Clerk to facilitate Colorado Open Records Act requests, if requested
Provide inspection scheduling and tracking to ensure code compliance
Act as an office resource to inspectors in the field
Process applications for Municipal Boards and Commissions – if requested
Provide input, tracking and reporting to help increase efficiencies
Reporting Services
Consultant will work with Municipality to develop a mutually agreeable reporting schedule and format
4. COMMUNITY CORE SYSTEMS TERMS AND CONDITIONS
Provide Community Core in accordance with the terms and conditions of Exhibit C.
5. MUNICIPAL OBLIGATIONS
Municipality will provide office space, desk, desk chairs, file cabinets, local phone service, internet,
use of copier and fax
6. FEE SCHEDULE
Municipality will promptly notify Consultant of any revisions or amendments to Municipal Fee
Schedule
Municipality will periodically review its Municipal Fee Schedule and valuation tables and make
adjustment to reflect increases in the cost incurred by Consultant in providing Services
Beginning January 01, 2021 and annually thereafter, the hourly rates listed shall be increased based
upon the annual increase in the Department of Labor, Bureau of Labor Statistics or successor thereof,
Consumer Price Index (United States City Average, All Items (CPI-U), Not Seasonally adjusted, All
Urban Consumers, referred to herein as the “CPI”) from the previous calendar year, such increase,
TOWN OF ESTES PARK, COLORADO
PROFESSIONAL SERVICES AGREEMENT
Page 15 of 17
however, not to exceed 4% per annum. The increase will become effective upon publication of the
applicable CPI data. If the index decreases, the rates listed shall remain unchanged.
Consultant fees for Services provided pursuant to this Agreement will be as follows:
Service Fee Schedule:
Inspection Service (permits issued prior to service start date) $75.00 per inspection
Inspection Service (permits issued after service start date) 82% of Municipal Permit Fee as established by
ordinance or resolution
Plan Review Services - excludes engineer review fees 82% of Municipal Plan Check Fee as established by
ordinance or resolution
Structural Engineering Plan Review $150.00 per hour – one (1) hour minimum
Building Official Services Included in percentage of fees above
Permit Technician Service $55.00 per hour – one (1) hour minimum
After Hours/Emergency Inspection Services $100.00 per hour – two (2) hour minimum
Non-Permitted Activity (by request only) $75.00 per hour – one (1) hour minimum
Investigative Services (by request only) $75.00 per hour – one (1) hour minimum
Town Owned Projects and School Projects 50% of applicable Municipal fees as established by
ordinance or resolution
Note: Three percent (3%) of Consultant fees for Estes Park Community Outreach Program
EXHIBIT B – SAFEbuilt PERFORMANCE
1. TIME OF PERFORMANCE
Services will be performed during normal business hours excluding Municipal holidays.
Services will be performed from Municipal offices Monday through Friday, (8) hours daily between 8:00
am and 5:00 pm
Consultant’s representative(s) will be available by cell phone and email
Deliverables
INSPECTION SERVICES Perform inspections requested by 4:00 pm next business day
TWO HOUR INSPECTION
WINDOW
Provide a two-hour window of time that the permit holder can expect to have
their inspection performed – Upon request only
MOBILE RESULTING Provide our inspectors with field devices to enter results immediately
PRE-SUBMITTAL MEETINGS Provide pre-submittal meetings to applicants by appointment
PLAN REVIEW
TURNAROUND TIMES
Provide comments within the following timeframes:
Day 1 = first full business day after receipt of plans and all supporting documents
Project Type:
Single-family within
Multi-family within
Small commercial within
(under $5M in valuation)
Large commercial within
First Comments
7 business days
10 business days
10 business days
20 business days
Second Comments
5 business days or less
7 business days or less
7 business days or less
15 business days or less
TOWN OF ESTES PARK, COLORADO
PROFESSIONAL SERVICES AGREEMENT
Page 17 of 17
EXHIBIT C – COMMUNITY CORE SOLUTIONS
Attach here
ATTACHMENT 4
ATTACHMENT 5
Town Clerk Memo
To: Honorable Mayor Koenig
Board of Trustees
Through Town Administrator Machalek
From: Jackie Williamson, Town Clerk
Date: December 13, 2022
RE: Resolution 101-22: Contract with Courtenay Patterson for Assistant
Municipal Judge Services.
Objective:
To consider a contract for the Assistant Municipal Judge to provide municipal court
services to the Town of Estes Park.
Present Situation:
After the biennial election in April 2022, the Town Board reappointed David Thrower as
the Municipal Judge and approved a contract ending April 23, 2024. At that time the
previous Assistant Municipal Judge Teresa Ablao stated she would not seek a new
contract. The Town did not have a replacement identified at the time, and therefore, has
been operating without an Assistant Municipal Judge for the remainder of the year.
The Board requested Judge Thrower assist in identifying interested judges and bring
forward their information for the Board’s review. After review, the Board requested staff
bring forward a contract with Ms. Patterson for consideration.
Proposal:
To approve a contract for Assistant Municipal Judge services with Judge Courtenay
Patterson. The contract will begin on January 1, 2023 and terminate on April 23, 2024.
All other conditions remain the same as those previously approved for Judge Thrower in
April 2022.
Advantages:
To maintain municipal services for the Town of Estes Park.
Disadvantages:
The Town would not have a presiding Municipal Court Judge at times in which Judge
Thrower is not available.
Action Recommended:
To approve the contract with Courtenay Patterson as the Assistant Municipal Court
Judge.
Budget:
Funds have been allocated in the 2023 budget for the position.
Level of Public Interest.
Low.
Sample Motion:
I move to approve/deny Resolution 101-22.
Attachment
1. Resolution 101-22
2. Contract with Judge Patterson
RESOLUTION 101-22
APPROVING AN AGREEMENT WITH COURTENAY PATTERSON FOR ASSISTANT
MUNICIPAL JUDGE SERVICES
WHEREAS, the Town Board wishes to enter the agreement referenced in the title
of this resolution for the purpose of filling the Assistant Municipal Judge role for the Town
of Estes Park for a sixteen-month term.
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 agreement referenced
in the title of this resolution in substantially the form now before the Board.
DATED this day of , 2022.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
ATTACHMENT 1
AGREEMENT
THIS AGREEMENT (the “Agreement”) effective this of , 2022
is by and between the Town of Estes Park, Colorado, a municipal corporation (the
Town”) and Courtenay Patterson (“Patterson”), both parties agreeing as follows:
WHEREAS, on December 13, 2022, the Board of Trustees of the Town
appointed Patterson to a 16-month term as the Town’s Assistant Municipal Court Judge;
and
WHEREAS, the parties desire to set forth in this Agreement the terms and
conditions of Patterson’s term as Assistant Municipal Court Judge.
NOW, THEREFORE, in consideration of the mutual covenants herein contained,
the parties agree as follows:
Section 1. Duties and Responsibilities
Patterson, as the Assistant Municipal Judge of the Town’s Municipal Court, shall
perform the functions and duties of the position in accordance with all the applicable
provisions of the Town’s Municipal Code, Sections 13-10-101 et. seq. C.R.S., and the
Colorado Municipal Court Rules of Procedure as they may be amended from time to
time, when the Municipal Court Judge is unable to preside in case of temporary
absence, sickness, recusal, or other inability of the Municipal Court Judge to preside
over a session of the Municipal Court. The duties of the Assistant Municipal Court
Judge, when presiding in absence of the Municipal Court Judge, shall include the
following:
a. The Assistant Municipal Court Judge is authorized to exercise contempt
powers, and enforce subpoenas issued by any board, commission, hearing officer, or
other body or officer of the Town authorized by law or ordinance to issue
subpoenas, and all other powers inherent with the office.
b. Patterson shall maintain an active license to practice law in Colorado.
c. Patterson shall keep abreast of current legislation and obtain ongoing
education and training and remain current on all matters relating to municipal courts
and municipal judges. Costs associated with these efforts may be shared with the
Town with prior approval and as budgeted.
d. Patterson, as the Liquor Licensing Authority, shall perform the functions
and duties as the Authority for show cause orders and hearings on suspensions and
revocations and other disciplinary actions, as provided by ordinance.
ATTACHMENT 2
2
Section 2. Term
The term of this Agreement shall be from January 1, 2023 to April 23, 2024
unless sooner terminated.
Section 3. Compensation
The Town agrees to pay Patterson compensation of $500.00 for each Municipal
Court session she presides as Assistant Municipal Court Judge.
Section 4. Removal
This Agreement shall automatically terminate in the event of removal of
Patterson as Assistant Municipal Court Judge pursuant to Section 13-10-105, C.R.S.
Section 5. Resignation
Patterson may resign by giving a minimum of 30 days’ written notice to the Town.
Section 6. Independent Contract
The parties agree that Patterson is an independent contractor and is not an
employee of the Town. Patterson is not entitled to workers’ compensation benefits
from the Town and is obligated to pay federal and state income tax on any
compensation earned pursuant to this Agreement.
Section 7. Notices
Notices pursuant to this Agreement shall be given by personal service or deposit
in the custody of the United States Postal Service, postage prepaid, addressed as
follows:
TOWN: Town of Estes Park
Attn: Mayor
P O Box 1200
Estes Park, CO 80517
EMPLOYEE: Courtenay Patterson
13181 Woodridge Drive
Longmont, CO 80504
Notice shall be deemed given as of the date of personal service or as of the date
of deposit of such written notice in the course of transmission in the United States
Postal Service. Employee shall notify the Town in writing of any change in address.
3
Section 8. General Provisions
a. This Agreement constitutes the entire Agreement between the parties,
and it shall be binding upon and inure to the benefit of the heirs, executors, successors,
and assigns of the parties. This Agreement may only be amended by written instrument
executed by both parties, and each provision hereof shall be construed under the laws
of the State of Colorado. This Agreement supersedes, cancels and terminates any and
all prior agreements or understandings of the parties, whether written or oral,
concerning the subject matter hereof. Neither party may assign its rights or delegate its
duties under this Agreement without the express written approval of the other.
b. In the event of conflict between the terms of policy provisions, regulations,
codes and ordinances of the Town and terms of this Agreement, this Agreement shall
take precedence and govern.
c. To the extent this Agreement constitutes a multiple fiscal year debt or
financial obligation of the Town, it shall be subject to annual appropriation pursuant to
the Town’s annual budgeting process and Article X, Section 20 of the Colorado
Constitution. The Town shall have no obligation to continue this Agreement in any fiscal
year in which no such appropriation is made.
d. The laws of the State of Colorado shall govern enforcement and
interpretation of this Agreement. Venue and jurisdiction for any court action filed
regarding this Agreement shall be only in Larimer County, Colorado.
Section 9. Severability
To the extent any provision herein is prohibited by applicable Federal, State, or
local law, or is impossible to perform, such provision will be deemed deleted from this
Agreement and the remainder of the Agreement will survive.
Signature page to follow.)
4
IN WITNESS WHEREOF, this Agreement is executed on this ____ day of
2022.
TOWN OF ESTES PARK
Wendy Koenig, Mayor
ATTEST:
Town Clerk
EMPLOYEE
Courtenay Patterson
APPROVED AS TO FORM:
Town Attorney
UTILITIES Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Reuben Bergsten, Utilities Department Director
Jacqui Wesley, Project Manager, Utilities Department
Date: December 13, 2022
RE: Resolution 102-22 Approving a Bulk Water Service Agreement with
Spruce Knob Water Company
(Mark all that apply)
☐PUBLIC HEARING ☐ORDINANCE ☐ LAND USE☐CONTRACT/AGREEMENT ☒ RESOLUTION ☐ OTHER .
QUASI-JUDICIAL ☐ YES ☒ NO
Objective:
To provide high-quality, reliable water service for the benefit of our community by
approving a temporary Bulk Water Service Agreement.
Present Situation:
Spruce Knob Water Company was formed in 1938 to deliver domestic water to twelve
homes in the Park Hill Subdivision along Joel Estes Drive. The owners of these twelve
properties have submitted a Larimer County application to form a Local Improvement
District to fund the reconstruction of their water distribution system to Town Standards.
The State Division of Water Resources requires the Spruce Knob Water Company to
obtain a Water Court-approved augmentation plan. Alternatively, the Town could
temporarily supply them with bulk water, bringing Spruce Knob Water Company into
compliance with the State under the Town's augmentation plan.
Proposal:
The attached agreement will temporarily supply bulk potable water service to the
Spruce Knob Water Company while they rebuild their water distribution system to Town
Standards. After construction, each property will become a Town water customer, and
the Town will take over ownership, operations, and maintenance of the water
distribution system.
Advantages:
●Installation of hydrants improves fire protection in an area with no existing hydrants
●The Water Division has subject matter experts capable of meeting the increasingly
complex drinking water regulatory requirements
●The Division’s incremental increase in workload is minor relative to Spruce Knob’s
increase in workload to meet on-going regulatory and augmentation requirements
Disadvantages:
●Expansion of the Division’s distribution system increases our workload; however, the
additional revenues from these customers will improve our operational economy of
scale.
Action Recommended:
Utilities staff recommend to the Board to approve the Bulk Water Service Agreement.
Finance/Resource Impact:
None, revenues will offset the increase O&M costs
Level of Public Interest
Small
Sample Motion:
I move to approve/deny Resolution 102-22.
Attachments:
1. Resolution 102-22
2.Bulk Water Service Agreement
RESOLUTION 102-22
APPROVING A BULK WATER SERVICE AGREEMENT WITH SPRUCE KNOB
WATER COMPANY
WHEREAS, the Town owns and operates a municipal water treatment and
distribution system and supplies treated water to consumers located in the Town and
unincorporated portion of Larimer County commonly known as the Estes Valley; and
WHEREAS, the Spruce Knob Water Company desires an alternative to operating
its own water facility to supply its water demands, due to the ongoing resources and
expertise that are necessary to operate such a facility.
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 agreement
referenced in the title of this resolution in substantially the form now before the Board.
DATED this day of , 2022.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
ATTACHMENT 1
00562598 / 2 }
BULK WATER SERVICE AGREEMENT
This Bulk Water Service Agreement (“Agreement”) is entered into this day of
2022, by and between the Town of Estes Park, a Colorado statutory town,
acting by and through its Water Activity Enterprise (the “Town”), and Spruce Knob Water
Company, a Colorado nonprofit corporation (the “Company”).
RECITALS
WHEREAS, the Company is a nonprofit water company in Larimer County, Colorado,
providing service to ten member residences generally on or about Joel Estes Drive outside the
Town limits; and
WHEREAS, the Company previously operated a well for its water supply, but now
requires treated water from the Town; and
WHEREAS, the Town owns and operates a municipal water treatment and distribution
system and supplies treated water to customers located in the Town and the unincorporated
portion of Larimer County commonly known as the Estes Valley; and
WHEREAS, the Town and the Company desire to enter into this Agreement to provide
for the delivery of potable water to the Company by the Town on a bulk sale basis for a limited
time until the ten residences served by the Company can be permanently connected to and served
by the Town’s system, as more fully set forth herein.
AGREEMENT
Accordingly, in consideration of the above recitals and of the mutual covenants,
agreements and promises set forth herein, the Town and the Company agree as follows:
1. Definitions. In addition to the defined terms set forth in the above recitals, which
are incorporated herein, the following definitions shall apply to this Agreement:
1.1 “Effective Date” shall mean the date on which this Agreement is executed
by the last required signatory.
1.2 “Metering Point” shall mean the measuring point at which the Town will
deliver Treated Water to the Company, and beyond which the Company assumes all
responsibility for distribution of Treated Water within the Company Service Area.
1.3 “Treated Water” shall mean water treated to applicable mandatory federal
and state drinking water standards for use in a municipal potable water supply system.
1.4 “Company Service Area” shall mean the area within the boundaries as
depicted on the map attached as Exhibit A.
ATTACHMENT 2
Water Service Agreement
Page 2
2. Treated Water Service.
2.1 Subject to the terms and conditions of this Agreement, the Town shall
furnish Treated Water to the Company at the Metering Point for use within the Company Service
Area. The Treated Water to be delivered by the Town pursuant to this Agreement shall only be
used for lawful uses for which the Town’s water rights have been decreed and pursuant to the
terms and conditions of this Agreement. All use of the Treated Water shall be consistent with
the Town’s water conservation ordinances and other rules, regulations, policies, and ordinances
adopted by the Town regarding water service, as in effect now or as hereafter adopted.
2.2 The Company shall be responsible for filing for and ensuring inclusion of
the Company Service Area within the boundaries of the Northern Colorado Water Conservancy
District and the Municipal Subdistrict of the Northern Colorado Water Conservancy District, and
the Company shall make best efforts to complete the full inclusion as soon as possible. The
Company shall hold harmless and indemnify the Town from any claims or damages, of any kind
or nature, resulting from any parcels within the Company Service Area not having been so
included.
3. Compliance with Drinking Water Standards. The Treated Water to be furnished
by the Town shall be potable water which complies with applicable mandatory federal and state
drinking water standards.
3.1 This Agreement shall not impose any higher duties or financial obligations
on the Town with respect to the quality of the Treated Water provided to the Company than
those the Town otherwise owes in providing Treated Water to customers within the Town’s
service area.
3.2 If there is any incident in which the Treated Water governed by this
Agreement fails to comply with applicable mandatory federal and state drinking water standards,
then the party responsible for such non-compliance shall bear all costs associated with any
regulatory and, if applicable, third-party liability arising out of such incident, including the costs
of defense incurred by both parties. Responsibility for non-compliance shall be determined
using the records of water quality monitoring and sampling of the Town. If such records
demonstrate that the Treated Water complied with applicable mandatory federal and state
drinking water standards at the time of the incident, then the Company shall be responsible for
the incident as opposed to the Town. If such records demonstrate that the Treated Water did not
comply with applicable mandatory federal and state drinking water standards at the time of the
incident, then the Town shall be responsible for the incident as opposed to the Company. This
paragraph shall not be deemed to impose strict or absolute liability on either party or waive any
defenses available to either party, including but not limited to those available to the Town as set
forth in the Colorado Governmental Immunity Act.
4. No Guarantee of Water Quality, Quantity or Pressure. The Town makes no
promise or guarantee of pressure, quantity or quality of water supply for any purpose, nor is it to
be implied from anything contained herein, except as required by applicable federal, state and
local laws and regulations.
Water Service Agreement
Page 3
5. Limitations on Location of Use, Resale, and Commingling. The Company shall
not distribute Treated Water to persons or parties outside the Company Service Area without the
prior written consent of the Town, nor shall the Company provide Treated Water for resale by
others. The Company shall not commingle water from other sources within the Company’s
water distribution system without the prior written consent of the Town.
6. Company Operational Obligations.
6.1 Service Area. The Company shall not expand the area of the Company
Service Area without the prior written consent of the Town.
6.2 System Maintenance. The Company shall maintain the distribution
system used to provide water service within the Company Service Area in good repair so as to
prevent losses and contamination. The Company’s water system shall not become or be made
part of the Town’s water system except as set forth in section 8 below.
7. Conditions Precedent. The Town’s obligation to deliver Treated Water to the
Company shall not commence until the occurrence of the following conditions precedent:
7.1 Location of Metering Point. The Town and the Company shall determine
and agree on a location for the Metering Point.
7.2 Connection. The Company shall install a service line and master meter
vault connecting the Company’s distribution system to the Town’s system. The master meter,
including labor costs to the Town, shall be provided by the Town but paid for and installed by
the Company. No later than thirty (30) days after execution of this Agreement, the Company
shall construct and install, at the Company’s expense, all lines, facilities and equipment
necessary to deliver Treated Water to the Company at the Metering Point, including but not
limited to a regulatory-compliant cross connection control device/method approved by the Town,
and subject to the Town’s design, materials and construction specifications, including a pressure
reducing valve. No later than thirty (30) days prior to such construction and installation, the
Company shall submit connection design plans to the Town for review, and no such construction
and installation shall commence until the plans are approved by the Town. The Company shall
timely pay any fees imposed by the Town in connection with reviewing and approving the
connection design plans. At the time of connection to the Town, the well currently providing
treated water service within the Company Service Area shall be disconnected so as to prevent
any cross connection with the Town’s water system.
7.3 County and Regulatory Approvals. The Company shall be responsible for
obtaining any other regulatory approvals required for its connection to the Town’s system, and
shall bear the costs associated with obtaining any such approvals.
8. Town Acceptance of Distribution System and Company’s Payment of Tap Fees.
Water Service Agreement
Page 4
8.1 The temporary term of this Agreement as described in section 18 below is
intended to allow the Company and its members an opportunity to secure funds and renovate its
distribution system to Town standards so that the Town can accept it into its water system. The
Company’s intent at that time is for its members to cease to be served by the Company and to
become direct residential customers of the Town.
8.2 Before this Agreement expires, the Company may present the renovated
distribution system to the Town for inspection. If the Town is satisfied that it has been
constructed in strict compliance with all plans approved by the Town, the Town’s codes and
ordinances, and all standards adopted by the Town, the Town shall notify the Company
accordingly. Within thirty (30) days of such notification, the Company shall transfer ownership
of the distribution system to the Town in the form and manner required by the Town, along with
any easements or other property interests (owned by either the Company or third parties as
necessary) that the Town reasonably requests in order to ensure its ability to maintain, repair,
improve, and potentially extend the distribution system, and upon acceptance of the transfer by
the Town each of the Company’s members may be eligible to become an individual rural
residential customer of the Town as described in section 8.4 below.
8.3 If the Town has not accepted ownership of the distribution system by the
expiration of this Agreement, then water service shall cease at that time, and the Company shall
physically disconnect from the bulk water service line as described in section 7.2 above at that
time, unless the Company becomes a permanent bulk water customer of the Town by paying all
then-current adopted tap fees (for both system development and water rights) applicable at that
time as a lump sum, including but not limited to system development fees, water rights fees,
connection and meter charges, and filing fees. The parties would memorialize this by
amendment to this Agreement. All provisions of this Agreement relating to bulk water service
would continue in effect. If the Company is close to completion of the distribution system but
has been unable to obtain acceptance, the parties agree to consider in good faith extending the
term of the Agreement for a reasonable time to complete the system and allow the Town to
accept ownership. The Town is not obligated, however, to extend this Agreement.
8.4 If the Town accepts ownership of the distribution system before this
Agreement expires, bulk water service to the Company shall cease at that time, the Company
shall physically disconnect from the bulk water service line as described in section 7.2 above at
that time, and the Company’s members shall be individually eligible to become rural residential
customers of the Town. The Town would assume the responsibility to maintain and repair the
new water mains in the system as part of its own system. Private service lines would remain the
responsibility of each property owner as indicated in the Town’s standards. Prerequisites to an
individual property becoming a customer of the Town shall include ensuring to the Town’s
satisfaction that all adopted codes and standards for water service infrastructure to the property
are met; that the property has paid all adopted tap fees applicable at that time as a lump sum,
including but not limited to system development fees, water rights fees, connection and meter
charges, and filing fees; and that the property owner agrees to all terms of service applicable
generally to water customers or applicable under Town codes, standards, or ordinances.
9. [Removed]
Water Service Agreement
Page 5
10. Charges. For water delivered to the Company, the Town shall charge, and the
Company shall pay, the bulk water volume rate and monthly base fee adopted by the Town and
applicable at the time of delivery. The bulk water charges to the Company will be the same as
the charges to other rural customers, as such rates may be modified. The Company
acknowledges that the rate for Treated Water by the Town is subject to change during the term of
this Agreement based on factors including but not limited to the subsequent changes in the
Town’s water system that benefit the Company and the results of comprehensive cost of service
analyses that may be conducted by the Town in the future. “Comprehensive cost of service
analyses” determine the costs of providing service to a customer and establish rates that reflect
the customer’s specific uses and demands on the system. Notice of rate changes shall be
provided to the Company in the same manner as to the Town’s other water customers.
11. Payment and Billing. The Town shall read the measuring and recording device(s)
installed at the Metering Point on a monthly basis and shall bill the Company for such measured
amount of Treated Water in the same manner as the Town bills its other customers. In the event
of failure of the measuring and recording device(s), billing shall be estimated based on historic
use or other reasonable means of estimation.
12. Metering Point.
12.1 Location and Access. Treated Water from the Town shall be delivered to
the Company at the Metering Point, the location of which shall be determined as set forth in
Section 7.1 above. To the extent the connection facilities and equipment associated with the
Metering Point are located on Company property, the Company authorizes the Town to access,
read the meter, inspect, and as may be necessary, make emergency repairs to such facilities and
equipment.
12.2 Ownership.
12.2.1 Town’s Water System. The Town shall maintain complete and
unilateral control over its water diversion, treatment and distribution systems, within or without
the Town’s corporate limits, now owned or hereafter acquired by the Town through purchase,
construction or otherwise.
12.2.2 Company’s Water Distribution System. Unless and until the Town
accepts ownership of the distribution system as set forth in paragraph 8.4 above, the Company
shall continue to own and be solely responsible for the operation, maintenance and replacement
of the system for water distribution within the Company Service Area. The Company shall be
solely responsible for complying with any and all water quality design, construction and other
regulatory requirements applicable to such system, including any applicable mandatory federal
and state drinking water standards.
12.2.3 Metering Point. The Company shall, at its expense, construct,
install, replace, and own, all facilities and equipment located at the Metering Point, including,
without limitation, meters, data recording and transmission systems, the pressure reducing valve,
Water Service Agreement
Page 6
and the cross connection control device(s). Company shall also be solely responsible for
providing electricity to any pump station(s) necessary to deliver Treated Water beyond the
Metering Point within the Company Service Area. A remote automated monitoring system shall
be linked to the measuring devices located at the Metering Point capable of securely transmitting
data from the measuring devices to the Town.
12.3 Operation and Maintenance. The Company shall be responsible for the
operation and maintenance of the Metering Point, including, without limitation, annual backflow
testing and surveying as required by state regulations, and all costs associated with such
operation and maintenance. The Company shall test and calibrate measuring device(s) at the
Metering Point in accordance with the standards established by the American Water Works
Association.
12.4 Records and Accounting. The Town shall be responsible for maintaining
records and accounting of the Town’s diversions and delivery to the Company of Treated Water
at the Metering Point, and such records and accounting shall be provided to the Company upon
request.
13. No Right in Systems or Other Party’s Water Rights. The Town’s water system
and the Town’s water rights are owned by Town. The Company’s existing distribution system
and water rights are owned by the Company. Nothing in this Agreement shall be construed as a
grant by either party of any exclusive right or privilege. The Company acknowledges and agrees
that nothing in this Agreement is intended or should be construed to grant the Company any
interest or ownership in the Town’s water system, the Town’s water rights, or any other Town
facility or asset. The Town acknowledges and agrees that nothing in this Agreement is intended
or should be construed to grant the Town any interest or ownership in the Company’s water
distribution system, Company’s water rights, or any other Company facility or asset, except as
set forth in section 8 above. Treated Water provided pursuant to this Agreement does not
include the right to make a succession of uses of the Treated Water, and upon completion of the
primary use of the Treated Water, all dominion over the water provided reverts completely to the
Town. The Company shall cooperate with the Town in measuring and reporting return flows to
the extent such measuring and reporting are required by the Colorado Division of Water
Resources.
14. Insurance. The Company warrants that it is adequately self-insured. If it
encounters liability, or indemnification obligations under this Agreement that exceed its reserves,
it shall timely set and enforce a special assessment upon its members to raise the requisite funds.
The Company shall require all its contractors to maintain levels of insurance to the Town’s
satisfaction, within bounds of commercial reasonableness, and shall present certificates of
insurance to the Town upon request.
15. Compliance with Rules, Regulations and Ordinances. The Company and its
successors in interest shall be bound by, and all Treated Water provided pursuant to this
Agreement shall be subject to, all applicable provisions of the Charter of the Town, if any is
adopted, the Town Code, as well as all applicable rules, regulations, policies, and ordinances of
the Town now in effect or as may be hereafter adopted. The Company shall assist the Town in
Water Service Agreement
Page 7
every manner possible to enforce the Town’s rules, regulations, policies and ordinances made to
protect the purity, safety and supply of water delivered pursuant to this Agreement, including
curtailment during times of shortage, elimination of any potential cross connections, and the
utilization of water conservation devices as set forth in the Town Code. The Company agrees to
prohibit all unnecessary or unreasonable waste of the delivered Treated Water within the
Company Service Area.
16. [Removed]
17. Enforcement by Town. The Town and the Company recognize and agree that the
Town has the right to enforce its rules, regulations, policies and ordinances as the same may
apply to construction, operation, and maintenance of water mains, lines, and associated facilities,
water service and water use, and the terms of this Agreement by the disconnection of the supply
of Treated Water provided hereunder. Procedures for such disconnection shall be as provided in
the Town Code and applicable rules, regulations, policies and ordinances at the time of the
disconnection. Additionally, in the event the Company violates the rules, regulations, policies or
ordinances of the Town, or terms of this Agreement, the Town shall have all remedies available
to it at law or in equity, and as provided in the Town Code. Without limiting the foregoing rights
and remedies, the Company agrees the Town may also enforce such rules, regulations, policies
or ordinances by injunction, the parties agreeing that the damages to the Town from such
violations are irreparable, and there is no adequate remedy at law for such violations. The Town
shall be free from any liability arising out of the exercise of its rights under this paragraph.
18. Term. The term of this Agreement shall be for two (2) years from the Effective
Date. In the event of termination of this Agreement, for any reason, the Town shall retain all
fees paid by the Company pursuant to this Agreement. The parties recognize that construction in
mountain environments can be difficult with unpredictable conditions. Accordingly, to the
extent that the Company has made substantial progress towards completing the distribution
system described in section 8 above, but the system has not been accepted by the Town at the
end of the two (2) year period, the parties agree to confer in good faith and consider if a limited
extension of the term is appropriate to allow the Company to finalize the distribution system.
The Town is not obligated, however, to extend this Agreement.
19. Termination.
19.1 Termination by Agreement. Except as provided to the contrary herein,
this Agreement shall only be terminated in writing by mutual agreement.
19.2 Termination if Illegal. The parties agree, intend and understand that the
obligations imposed by this Agreement are conditioned upon being consistent with state and
federal law, the Town Code and the terms and conditions of the Town’s water rights decrees.
The parties further agree that if any provision of this Agreement becomes in its performance
inconsistent with state and federal law, the Town Code or the terms and conditions of the Town’s
water rights decrees, or is declared invalid by a court of competent jurisdiction, the parties shall
in good faith negotiate to modify this Agreement so as to make it consistent with state and
federal law, the Town Code or the terms and conditions of the Town’s water rights decrees as
Water Service Agreement
Page 8
appropriate, and if, after a reasonable amount of time, their negotiations are unsuccessful, this
Agreement shall terminate.
19.3 Termination Following Breach. The parties agree that either party may
terminate this Agreement for cause (including a breach of this Agreement by the other party
beyond any notice and cure period), immediately upon written notice to such party.
20. Curtailment. The Company acknowledges that the availability of the Treated
Water provided for hereunder is dependent upon natural water resources that are variable in
quantity of supply from year to year, and which can be affected by causes beyond the Town’s
control and that the Town’s obligation to provide Treated Water shall be dependent on the
normal operation of the Town’s water system. Accordingly, the Town will be relieved of its
obligation to provide Treated Water pursuant to this Agreement, and deliveries of Treated Water
pursuant to this Agreement may be curtailed by the Town during: 1) times of drought, 2) force
majeure events, or 3) the Town’s water system is not capable of providing Treated Water to the
Company, for reasons including but not limited to water quality, water main breaks, water
shortage, water rationing, major fire, failure or inability of the Town’s treatment plants to treat
water, or the provision of Treated Water to the Company would be detrimental to the Town’s
existing customers. The Town shall use best efforts to inform the Company of any event which
it reasonably foresees may cause an interruption in deliveries pursuant to the events 1-3 above.
The Town shall notify the Company, in writing, of any curtailment of deliveries under this
Agreement and shall include in such notice the reasons for curtailment, the extent of the
curtailment, and a reasonable estimate of the length of such curtailment. Additionally, the
Company is subject to section 13.24.120 of the Estes Park Municipal Code, as may be amended.
Accordingly, use of water outside the Town limits shall be subject to the paramount rights of
users within the Town limits, and in case there shall be insufficient water to provide for users
both within and without the Town limits, the Board may reduce, curtail or shut off the users
outside the Town limits during such period of water shortage or scarcity.
21. Default. If either party to this Agreement fails to perform or otherwise breaches
any of the covenants, terms, conditions, or obligations of this Agreement, then such failure shall
constitute a default. In the event of a default by either party, the non-defaulting party shall
provide written notice of the default to the defaulting party, in accordance with the notice
requirements of this Agreement. Following such written notice, the defaulting party may cure
the default within thirty (30) days. Upon cure, this Agreement shall remain in full force and
effect. If the defaulting party fails to cure, the non-defaulting party shall be entitled to any and
all legal and equitable remedies, including but not limited to any specific remedies provided for
in this Agreement. Time is of the essence in this Agreement.
21.1 Remedies for Failure to Make Payment. If the Company is in default for
failure to make any payment required by this Agreement, together with any accrued late payment
charges, then the Town may suspend the delivery of Treated Water to the Company until such
payment is made.
21.2 No Implied Waiver. No failure by a party to insist upon strict
performance of any term, covenant or provision contained in this Agreement shall constitute a
Water Service Agreement
Page 9
waiver of any such term, covenant or provision unless such waiver is made in writing by the
party to be bound hereby. Any waiver of a breach of a term or condition of this Agreement shall
not prevent a subsequent act, which would have originally constituted a default under this
Agreement, from having all the force and effect of a default.
22. Indemnification. The Company shall bear all responsibility for its use of the
Treated Water provided under this Agreement, together with the costs associated therewith. The
Company shall defend, indemnify and hold harmless the Town from and against any and all
damages, claims, losses, obligations, other costs, and other liabilities arising out of the
Company’s use of the Treated Water provided under this Agreement.
23. Notices and Payments. All notices, payments and other communications under
this Agreement shall be in writing, except as otherwise provided for in this Agreement. All such
notices and communications and all payments shall be deemed to have been duly given on the
date of service, if delivered and served personally, or served via electronic means (with respect
to notices and communications only) on the person to whom notice is given; on the next business
day after deposit for overnight delivery by a courier service such as Federal Express; or on the
third day after mailing, if mailed to the party to whom payment and notice is to be given by first
class mail, postage prepaid, and properly addressed as follows:
The Town:
Estes Park Water Superintendent
PO Box 1200
Estes Park, Colorado 80517
With a Copy to:
Estes Park Town Attorney
PO Box 1200
Estes Park, Colorado 80517
The Company:
Rich Harvey, President
345 Joel Estes Dr.
Estes Park, Colorado 80517
With a Copy to:
Cathy Schupanitz, Secretary and Treasurer
9296 W. David Ave.
Littleton, Colorado 80128
Persons and addresses to which notices are to be sent may be changed by the same method.
Water Service Agreement
Page 10
24. Governmental Immunity. Nothing in this Agreement shall be construed to waive
the Town’s protection from liability or the limitations on its liability due to its sovereign
immunity under the Colorado Governmental Immunity Act or otherwise.
25. No Regulated Public Utility Status. The parties agree that by this Agreement the
Town does not become a regulated public utility compelled to serve other parties similarly
situated. The Company agrees that neither it nor its successors in interest shall at any time
petition the Colorado Public Utilities Commission (“PUC”) to acquire jurisdiction over any
water rate set by the Town or to assert or support any statement, policy, rulemaking, or
legislation attempting to place the Town’s municipal water supply system under the ratemaking
authority or jurisdiction of the PUC or other regulatory entity. The parties agree that in the event
the Town is held to be a regulated public utility and/or placed under the ratemaking authority or
jurisdiction of the PUC or other regulatory entity by virtue of this Agreement, this Agreement
shall terminate and be of no further force or effect.
26. No Beneficiaries. This Agreement is for the sole benefit of and binds the parties,
their successors, and assigns. This Agreement affords no claim, benefit or right of action to any
third party. Any person besides the Town or the Company receiving services or benefits under
this Agreement is only an incidental beneficiary.
27. No Third-Party Enforcement. Only the Town and the Company, as parties to this
Agreement, shall have the right to bring an action to enforce the respective rights and obligations
under this Agreement. No other third party shall have the right or standing to enforce the terms
of this Agreement, directly or by derivative action on behalf of either party.
28. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Colorado. In the event of litigation over this
Agreement, jurisdiction and venue shall be proper and exclusive in the District Court in and for
Larimer County, State of Colorado.
29. Force Majeure. The Company acknowledges that the availability of the Treated
Water provided for hereunder is dependent upon natural water resources that are variable in
quantity of supply, and which can be affected by causes beyond the Town’s control. Moreover,
the Town shall not be liable for any delay or failure to perform its obligations under this
Agreement caused by an event or condition beyond the reasonable control of, and without the
fault of the Town, including without limitation failure of facilities, flood, earthquake, storm,
lightning, fire, epidemic, contamination, war, terrorist act, riot, civil disturbance, labor
disturbance, accident, sabotage, or restraint by court or restrictions by other public authority
which delays or prevents performance (including but not limited to the adoption or change in any
rule, policy, or regulation or environmental constraints imposed by federal, state or local
governments), which the Town could not reasonably have avoided by exercise of due diligence
and foresight. Upon the occurrence of such an event or condition, the obligations of the Town
under this Agreement shall be excused and suspended without penalty or damages, provided that
the Town shall give the Company written notice describing the particulars of the occurrence or
condition, the suspension of performance is of no greater scope and of no longer duration than is
required by the event or condition, and the Town proceeds with reasonable diligence to remedy
Water Service Agreement
Page 11
its inability to perform and provides progress reports to the Company describing the actions
taken to remedy the consequences of the event or condition.
30. No Continuing Duty to Supply Water. The Town shall have no obligation to
supply water to the Company after this Agreement expires or is otherwise terminated.
31. Annexation. Land within the Company Service Area is not currently eligible for
annexation. Under section 13.24.120 of the Estes Park Municipal Code, this Agreement must
require land within the Company Service Area to annex to the Town when the property becomes
eligible. Should this Agreement be amended to provide permanent bulk water service to the
Company, annexation of the Company Service Area shall be required upon eligibility as a
condition of that amendment. Should this Agreement terminate and the Company’s members
intend to become the Town’s customers, individual customers must agree to petition for
annexation upon eligibility as a condition of their water service.
32. Amendment; Assignment. No amendment or modification of this Agreement
shall be of any force or effect unless in writing and executed by the parties hereto with the same
formality as this Agreement. The Company may not assign its rights or obligations under this
Agreement without the prior written consent of the Town.
33. Independent Contractors. The parties expressly understand and agree that the
Company is acting as an independent contractor unrelated to the Town. Nothing in this
Agreement is intended to create a relationship, express or implied, of employer-employee, joint
venturers or principal-agent between the Town and the Company.
34. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original, and all of which shall constitute one and the same
Agreement. Facsimile and electronic signatures shall be acceptable and binding upon all parties.
35. Headings. All paragraph headings used herein are for the convenience of the
parties and shall have no meaning in the interpretation or effect of this Agreement.
36. Negotiated Provisions. This Agreement shall not be construed more strictly
against one party than against the other merely by virtue of the fact that it may have been
prepared by counsel for one of the parties, it being recognized that both the Town and the
Company have contributed substantially and materially to the preparation of this Agreement.
37. Authority. The parties warrant that they have taken all actions necessary or
required by their own procedures, bylaws, or applicable law, to authorize their respective
signatories to sign this Agreement for them and to bind them to its terms.
38. Financial Obligations. All of 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 the Company.
Water Service Agreement
Page 12
Spruce Knob Water Company:
By:
Date
Title:
State of )
ss
County of )
The foregoing instrument was acknowledged before me by , as
of the Spruce Knob Water Company, a Colorado
nonprofit corporation, on behalf of this corporation, this day of , 2022.
Witness my hand and official Seal.
My Commission expires .
Notary Public
Water Service Agreement
Page 13
Town of Estes Park:
By:
Date
Title:
State of )
ss
County of )
The foregoing instrument was acknowledged before me by , as
of the Town of Estes Park, a Colorado municipal
corporation, on behalf of this corporation, this day of , 2022.
Witness my hand and official Seal.
My Commission expires .
Notary Public
APPROVED AS TO FORM:
Town Attorney
REPLAT OF A PORTION OF PARK HILL SUBDIVISION
PLAT OF THE RESUBDIVISION OF LOTS 4 THROUGH 17 INCLUSIVE AND
PORTIONS OF LOTS 18 THROUGH 22 INCLUSIVE OF PARK HILL sua·-
DIVISION, BEING A SUBDIVISION OF A PORTION OF THE SOUTH HALF
OF THE NORTH HALF OF SECTION 29,TOWNSHIP 5 NORTH,RANGE 72
WEST OF THE 6 TH.P.M.,IN THE COUNTY OF LARfMER,AND THE
STATE OF COLORADO.
OBVIOUSLY THE ORIGINAL SUBDIVISION ERRONEOUSLY USES THE HIGHWAY BRASS CAPPED MARKERS
AS BEING ON THE SOUTH LINE OF THEN 1/2 OF SAID SECTION 29. THEREFORE USING THE TRUE SOUTH LINE
OF THE SAID N 1/2 AS DUE EAST 8 WEST, THE INTERIOR BEARINGS OF THE ORIGINAL SUBDIVISION ARE
ROTATED 00°!19° COUNTER CLOCK-WISE. POINTS N0.34-38-37 ON TH£ PARK HILL SUBDIVISION PLAT
WERE FOUND AND USED TO LOCATE THE PLATTED ROADS AND THE LINE BETWEEN LOTS 283 AND LOTS 485.
LOT I I
0,689 ACRES
LOT 13
1373 .,,247 938973
KNOW ALL MEN BY THESE PRESENTS THAT WE THE UNDERSIGNED,BEING THE OWNERS OF THE FOLLOWING DESCRIBED LAND LOCATED
IN THE SOUTH HALF OF THE NORTH HALF OF SECTION 29, TOWN-SHIP 5 NORTH,RANGE 72 WEST OF THE 6 TH.P.M., IN THE COUNTY OF
LARIMER, STATE OF COLORADO, DESCRIBED AS LOTS 4 THROUGH 17 INCLUSIVE AND PORTIONS OF LOTS 18 THROUGH 22 INCLUSIVE OF
PARK HILL SUBDIVISION AND MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE EAST 1/4 CORNER OF SAID SECTION 29, THENCE
WEST ALONG THE SOUTH LINE OF THE NORTH 1/2 OF SAID SECTION 29 1838.0' TO THE TRUE POINT OF BEGINNING, THENCE N00°1 I' E
378.09', THENCE S86°28'W 56.07', THENCE N67°52'W 729.90', THENCE N 56° 17 1 W 80.021 TO THE CENTERLINE OF WHYTE AVE.,
THENCE ALONG THE CENTERLINE OF WHYTE AVE. N87°42'W 236,85' THENCE CONTINUING ALONG SAID CENTERLINE N88°5:S'W 402.0',
THENCE LEAVING WHYTE AVE. S67°55'E 148.90' ALONG THE CENTERLINE OF JOEL ESTES DRIVE, THENCE CONTINUING ALONG SAID
CENTERLINE OF JOEL ESTES DRIVE S 8!5°06'E 180. 70', THENCE LEAVING JOEL ESTES DRIVE S 36.33' 30• w 172.07', THENCE S 23°0/'W
182.18' TO A POINT ON THE NORTH EASTERLY RIGHT·OF•WAY OF COLORADO HIGHWAY N0.66, WHICH POINT IS ON A CURVE CONCAVE TO
THE NORTHEAST WITH A 'Ii ANGLE OF 3•34'10• AND A RADIUS OF 1507.5' AND LEJ(ltlTH OF 93.92', THENCE SOUTHEASTERLY ALONG
THE ARC OF SAID CURVE 93.92' TO THE POINT OF CURVATURE OF SAID CURVE,THENCE s49•201E ALONG SAID R.O.W. 343.90'. THENCE
N89°37'E 7.45', THENCE S49°20'E 6.84' TO THE POINT OF INTERSECTION OF SAID R.O.W. AHD THE SOUTH LINE o, THE NORTH 1/2 OF
SAID SECTION 29, THENCE EAST 960,75' ALONG SAID SOUTH LINE OF THE NORTH 1/2 TO THE TRUE POINT OF BEGINNING.
SANITATION SYSTEM COVENANT
IT rs HEREBY COViNANTED AND AGREED BY THE SUSDIVIDERS. THE IR HEIRS. SUCCESSORS AND ASSIGNS THAT IN THE EVENT THAT
THE PROPER AUTHORITIES OF THE COUNTY OF LARIMER SHALL D1T£RM1NI THAT THE SURFACE AND SUBSURFACE WATER IN THE
AREA IS BECOMING CONTAMINATED BY THE USE OF SEPTIC TANKS OR OTHER SEWAGE DISPOSAL SYSTEMS IN THE AREA• THE OWNERS
OF THE PROPERTIES IN THE SUBDIVISION SHALL,AT THEIR OWN EXPENSE, INSTALL A COMMERCIAL OR PRIVATE SEWAGE DISPOSAL
SYSTEM, THIS IS A COVENANT RUNNING WITH THE LAND.
z. ~ £.-«•')1. ~
STEPHEN E. KRASA RUTH N. KRASA
STATE OF COLORADO }ss
COUNTY OF LARIMER
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS 13 TH.
DAY OF SEPTEMBER, 1967 BY STEPHEN E. KRASA a RUTH N. l<RASA.
I.BIB ACRES
WITNESS MY HAND AND OFFICIAL SEAL,
MY COMMISSION EXPIRES Ap,; I ':Jo -IL' 'I
N 1/2 OF SEC. 29
S 1/2 OF SEC.29
SKETCH OF SECTION29
SHOWING SUBJECT PROPERTY
6 5 4 2
7 a 9 10 II
18 17 16 l!S 14
19 20 21 22 23
30 28 27 28
31 52 33 34 55
12
13
24
25
38
SKETCH OF TOWNSHIP 5 NORTH,IIANGE
72 WEST SHOWING SECTION 29
LOT 5
0.692 ACRES
LOT 6
0.600 ACRES
0)\
OJ' ,
1;
LOT 7
1.093 ACRES
LOT 8
0.862 ACRES
I ,~
z, \
LOT 9
LOT 14
2.762 ACRES
s:,
s • ,
9
0-
LOT 15
2.741 ACRES
SBt; •e>8t70"W
51,,,0?'
WILLIAM W.CA PTON
P.E. 8 L.S. N0.11521
10 1 ON EITHER SIDE OF ALL LOT
LINES WILL SE RESERVED FOR
UTILITY EASEMENTS
0.896 ACRES LOT 10
0.940 ACRES
40.00'
M9/2 vv~ Br,::,.s-J a.I"' ;W4,,.-,<<1rJ
APPROVED BY THE LARIMER COUNTY PLANNING COMMISSION THIS I I TH. DAY OF
OCTOBER ,1967. THIS APPROVAL DOES NOT CONSTITUTE ACCEPTANCE BY THE
BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF LARIMER OF ANY DEDICA·
TION TO PUBLIC USE OF THE STREETS,HIGHWAYS,ALLEYS OR OTHER PROPERTY
CONTAINED IN THE PLAT, WHICH ACCEPTANCE CAN SE GIVEN ONLY BY ACTION
OF THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF LARIMER,
UNTIL SUCH ACCEPTANCE SHALL BE MADE,THE: COUNTY OF LARIMER ASSUMES
NO RESPONSIBILITY FOR THE CONSTRUCTION,REPAIR OR MAINTENANCE OF THE
STREETS,HIGHWAYS OR ALLEYS LAID OUT OR DEDICATED HEREON. .,--..___
ATTEST•~ (; &. , . JI/ h. l1o4M4-:::::
SECRETARY, LARIMER CO. PLAN.COM. CHAIRMAN,LARIMER CO. PLAN.COM.
5/t:;. Bl'
E-a,3/ 9~0. '?5'
Lin~ o/' //,4 Nt:Jrl/, 1/Z o/' .S~c .,I/on c':J
C. TOM BROWN, BEING FIRST DULY SWORN ON HIS OATH, DEPOSES AND SAYS THAT HE IS
A REGISTERED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF COLORADO;THAT
THE SURVEY OF THE RESUSDIVISION OF LOTS 4 THROUGH 17 AND A PORTION OF LOTS
APPROVED BY THE LARIMER COUNTY SANITARIAN THIS 13 TH.
DAY OF SEPTEMBER,1967.APPROPRIATE PERMITS MUST BE
OBTAINED BEFORE INSTALLATION OF ANY SANITARY DISPOSAL
SYSTEMS. -
f!r., l,z -A, Rt': 1~. g, e, s
ARIMER COUNTYTNITARIAN
18 THROUGH 22 • PARK HILL SUSDIVISIO'f -WAI M!'DE BY HIM AND UNDER HIS SUPERVISIONi
THAT THE SURVEY IS ACCURATELY .,...OWfi,011,,:HIS PLAT,AND THAT THE STATEMENTS
CONTAINED THEREON WERE READ B'f Hllit.AND TH1.T-THE SAME ARE TRUE OF HIS OWN
KNOWLEDGE. ', '·: ,. · · '1 :": • STATE OF COLORADO • . .,. ., .. "
c. 'h u.....,..._._ }ss
STATE OF COLORADOl ''-';/'u , .,,. ,"
1 ~~ • -. • • ·
COUl'<ITY OF LARIMER
COUNTY OF LARIMER~SS I', ,ir-•:.a'' COLORADO R.L.S. NO.~,,. . . I HEREBY CERTIFY THAT THIS INSTRUMENT WAS FILED IN MY
THE FOREGOING INSTRUMENT •s SUBSCRIBQ..AflfO SWORN TO BEFORE ME T'Efis 13TH, ·.)<;·\ OFFICE AT --O'CLOCK ON ----,1967,AND IS DULY
DAY OF SEPTEMBER,1967 BY C.TOM BROWN. . ~\ -{ ... Ji:.· ;-'r RECORDED IN BOOK--.AT PAGE __
WITNESS MY HAND AND OFFICIAL SEAL. .z;,_,,...,,, t,;. /.Ja.,'J., i;~-~~~; -------CLERK a RECORDER
MY COMMISSION EXPIRES 4 e61 :to, 11,7 NOTARY PUILIC 6 T · ' -------.uiEPUTY ..... ________________________ ~ ______________________ _::.:._::::;::::,:;::.:.:,~,!,:~~=..,===~----...::::!!.=.~!:!;;.!!:...:..___________ RECEPTION NO.
Exhibit A
TOWN CLERK Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jackie Williamson, Town Clerk
Date: December 13, 2022
RE: Resolution 103-22 Liquor Licensing: New Lodging & Entertainment Liquor
License Application for Estes Park Catering LLC dba Jubilations Catering,
215 Virginia Drive, Estes Park, Colorado
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Approval of a new Lodging & Entertainment liquor license located at 215 Virginia Drive,
Estes Park, Colorado. Application filed Estes Park Catering LLC dba Jubilations
Catering.
Present Situation:
An application for a new Lodging & Entertainment liquor license was received by the
Town Clerk’s office on November 1, 2022. All necessary paperwork and fees were
submitted; please see the attached Procedure for Hearing on Application – New Liquor
License for additional information. The applicant has completed the Training for
Intervention Procedures (TIPS) and submitted responsible sales policy for their
employees.
Proposal:
To present the application for the Town Board’s review and consideration for a new
Lodging & Entertainment liquor license.
Advantages:
Approval of the license provides the business owner with the opportunity to operate a
liquor-licensed establishment in the Town of Estes Park.
Disadvantages:
The owner is denied a business opportunity to serve alcohol to patrons.
Action Recommended:
Approval of the application for a new Lodging & Entertainment liquor license.
Finance/Resource Impact:
The fee paid to the Town of Estes Park for a new Lodging & Entertainment liquor
license is $1319. The fee covers the administrative costs related to processing the
application, background checks, and business licensing. In addition, the annual
renewal fee payable to the Town of Estes Park for a Lodging & Entertainment liquor
license is $869.
Level of Public Interest
Low
Sample Motion:
I move to approve/deny Resolution 103-22.
Attachments:
1. Resolution 103-22
2.Procedure for Hearing
3. Application & Individual History
4.Diagram of Liquor Premises
5.Police Report
RESOLUTION 103-22
A RESOLUTION PERMITTING A NEW LODGING AND ENTERTAINMENT
LIQUOR LICENSE APPLICATION FOR ESTES PARK CATERING LLC DBA
JUBILATIONS CATERING
WHEREAS, the Town Board of Trustees acting in their capacity as the Liquor
Licensing Authority for the Town of Estes Park held a public hearing on December 13,
2022 for a New Lodging and Entertainment Liquor License, filed by Estes Park Catering
LLC dba Jubilations Catering, 215 Virginia Drive, Estes Park, Colorado; and
WHEREAS, C.R.S. § 44-3-301(2)(a) requires the licensing authority shall
consider the reasonable requirements of the neighborhood, the desires of the adult
inhabitants, and all other reasonable restrictions that are or may be placed upon the
neighborhood by the local licensing authority; and
WHEREAS, The Board of Trustees finds that the reasonable requirements of the
neighborhood are not met by the present liquor outlets in the neighborhood and that the
desires of the adult inhabitants are for the granting of this liquor license.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
That the new Lodging and Entertainment Liquor License, filed by Estes Park
Catering LLC dba Jubilations Catering, 215 Virginia Drive, Estes Park, Colorado be
approved.
DATED this day of , 2022.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
ATTACHMENT 1
1
July 2002
PROCEDURE FOR HEARING ON APPLICATION
NEW LIQUOR LICENSE
1.MAYOR.
The next order of business will be the public hearing on the application of Estes Park
Catering LLC dba Jubilations Catering for a new Lodging & Entertainment Liquor
License located at 215 Virginia Drive, Estes Park, Colorado.
At this hearing, the Board of Trustees shall consider the facts and evidence
determined as a result of its investigation, as well as any other facts, the reasonable
requirements of the neighborhood for the type of license for which application has
been made, the desires of the adult inhabitants, the number, type and availability of
liquor outlets located in or near the neighborhood under consideration, and any other
pertinent matters affecting the qualifications of the applicant for the conduct of the type
of business proposed.
OPEN PUBLIC HEARING
2.TOWN CLERK. Will present the application and confirm the following:
The application was filed November 1, 2022.
At a meeting of the Board of Trustees on November 22, 2022, the public hearing
was set for 7:00 p.m. on Tuesday, December 13, 2022.
The neighborhood boundaries for the purpose of this application and hearing
were established to be 3.15 miles.
The Town has received all necessary fees and hearing costs.
The applicant is filing as a Limited Liability Company.
The property is zoned A - Accommodations which allows this type of
business as a permitted use.
The notice of hearing was published on December 2, 2022 .
The premises was posted on December 2, 2022 .
ATTACHMENT 2
2
There is a police report with regard to the investigation of the applicant.
Status of T.I.P.S. Training:
Unscheduled Scheduled * X Completed
There is a map indicating all liquor outlets presently in the Town of Estes Park
available upon request.
3. APPLICANT.
The applicants will be allowed to state their case and present any evidence they
wish to support the application.
4. OPPONENTS.
The opponents will be given an opportunity to state their case and present any
evidence in opposition to the application.
The applicant will be allowed a rebuttal limited to the evidence presented by the
opponents. No new evidence may be submitted.
5. MAYOR.
Ask the Town Clerk whether any communications have been received in regard
to the application and, if so, to read all communication.
Indicate that all evidence presented will be accepted as part of the record.
Ask the Board of Trustees if there are any questions of any person speaking at
any time during the course of this hearing.
Declare the public hearing closed.
6. SUGGESTED MOTION:
I move that Resolution 103-22 be approved/denied for a new Lodging and
Entertainment liquor license for the Estes Park Catering LLC dba Jubilations Catering
at 215 Virginia Drive, Estes Park, Colorado.
ATTACHMENT 3
ATTACHMENT 4
ATTACHMENT 5
FINANCE DEPT Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Duane Hudson, Finance Director
Date: 12/13/2022
RE: Resolution 104-22, Supplemental Budget Appropriations #7 to the 2022
Budget
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Amend the 2022 budget for needs that have been identified after the last budget
amendment, including funding for building safety contracted services, a DOLA grant for
Trailblazer Broadband, adjusting sales tax revenue estimates and final estimates for
health insurance plan costs.
Present Situation:
This amendment is the final budget amendment for 2022 so it includes final updated
estimates for many items. The following explains the proposed changes by Fund.
These items are also detailed in the “Schedule of Budgeted Appropriation Changes” at
the beginning of Exhibit B.
General Fund – Increase of $234,078
This includes two items. First is an increase of $200,000 for the contract with Safebuilt
in the Building Safety Division, offset by additional building permit fee revenues. The
second item is a $34,078 increase in the allocation to the Estes Valley Fire Protection
District from revised sales tax revenue estimates.
Community Center Fund – Increase of $30,427
This is a $30,427 increase in the allocation to the Estes Valley Recreation and Park
District from the revised sales tax revenue estimates.
Power and Communications Fund – Increase of $1,190,250
This appropriation is for a $1,190,250 DOLA grant for broadband planning and
implementation to be used to help complete the buildout in the outlying areas.
Medical Insurance Fund – Increase of $842,454
This appropriation is intended to cover the final medical insurance claims and
administrative fees which will continue to come in over the next couple of months.
Incurred But Not Reported Claims (IBNR) must be estimated at year end since we
simply do not know what medical claims have not yet been submitted by the various
service providers, doctors’ offices, pharmacies, etc. These IBNR claims and resulting
fund expense will not be known until March 2023 so a year end estimate must be made
to evaluate the adequacy of appropriations. As an additional measure of security, we
have a $750,000 contingency already budgeted but we hope we do not need it with the
above amendment.
Proposal:
Staff is seeking approval of the budget resolution authorizing the proposed budget
amendments.
Advantages:
The Town should be able to operate in compliance with statutory requirements
regarding municipal budget law after these year end adjustments.
Disadvantages:
None identified.
Action Recommended:
Staff recommends approval of the 2022 supplemental budget appropriation #7
resolution.
Finance/Resource Impact:
After reflecting this budget amendment, the General Fund reserves are projected at
42.6% of 2022 operating expenditures.
Level of Public Interest
Low – Public interest in this final amendment is expected to be limited.
Sample Motion:
I move for the approval/denial of Resolution 104-22.
Attachments:
1. Resolution 104-22 Supplemental Budget Appropriations # 7 to the 2022 Budget.
2. Recaps of Proposed Budget Adjustments and Supporting Documents
RESOLUTION 104-22
SUPPLEMENTAL BUDGET APPROPRIATIONS # 7 TO THE 2022 BUDGET
WHEREAS, the Board of Trustees of the Town of Estes Park adopted the 2022
annual budget in accordance with the Local Government Budget Law on November 9th,
2021; and
WHEREAS, certain projects and expenditures have additional funding needs
which were identified after adoption of 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 2022 be increased by $2,297,209 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 29,899,144 234,078 30,133,222
204 Community Reinvestment Fund 7,844,386 0 7,844,386
211 Conservation Trust Fund 34,000 0 34,000
220 Larimer County Open Space Fund 2,058,692 0 2,058,692
236 Emergency Response System Fund 65,245 0 65,245
238 Community Center Fund 1,113,093 30,427 1,143,520
244 Trails Fund 3,313,648 0 3,313,648
256 Parking Services Fund 864,804 0 864,804
260 Street Fund 3,775,466 0 3,775,466
502 Power and Communications Fund 33,445,127 1,190,250 34,635,377
503 Water Fund 35,499,347 0 35,499,347
606 Medical Insurance Fund 4,145,000 842,454 4,987,454
612 Fleet Maintenance Fund 1,794,872 0 1,794,872
625 Information Technology Fund 979,344 0 979,344
635 Vehicle Replacement Fund 810,713 0 810,713
645 Risk Management Fund 395,500 0 395,500
Total All Funds 126,038,381 2,297,209 128,335,590
DATED this ______ day of _____________, 2022.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
ATTACHMENT 1
TOWN OF ESTES PARK
BA#7 - FINAL YEAR END AMENDMENTS
SCHEDULE OF BUDGETED APPROPRIATION CHANGES
ALL FUNDS
Fund Fund Name Department Division Description Of Change
Type (One
Time or
Ongoing)
One Time
Increase
(Decrease)
Ongoing
Increase
(Decrease)
Total Changes
Increase
(Decrease)
101 General Fund
Community
Development Building Safety
Increase in Safebuilt fees due to increased building permit
activity in 2022 - this expense increase is offset by an increase
in building permit revenues One Time 200,000 - 200,000
101 General Fund Finance NA
Adjust payment to the Fire Dist for their 7% share of the
increased sales tax estimates.Ongoing - 34,078 34,078
238 Comm Ctr Fund Finance NA
Adjust payment to the Rec Dist for the increased sales tax
estimates.Ongoing - 30,427 30,427
502
Power &
Communication Fund Utilities Trailblazer
Budget for DOLA grant # EIAF B-022 for broadband planning
and implementation - expense increase offset by grant revenue
increase One Time 1,190,250 - 1,190,250
606 Med Ins Fund Finance NA Adjust estimated health insurance third party administrator fee Ongoing - 150,000 150,000
606 Med Ins Fund Finance NA
Adjust estimated health insurance claim expense for latest
estimate - still have $750,000 in contingency which is not
expected to be used.Ongoing - 692,454 692,454
-
Total Expenditure Appropriation Changes 1,390,250 906,959 2,297,209
ATTACHMENT 2
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 $25,298,206 $7,544,916 $34,100 $968,501 $114,452 $1,143,520 $2,575,705 $816,095 $3,794,448
Expenses 30,133,222 7,844,386 34,000 2,058,692 65,245 1,143,520 3,313,648 864,804 3,775,466
Net (4,835,016)(299,470)100 (1,090,191)49,207 0 (737,943)(48,709)18,982
Estimated Beginning Fund Balance, 1/1/22 16,166,887 299,641 71,789 1,101,165 155,143 11 1,299,668 295,807 2,648,123
Estimated Ending Fund Balance, 12/31/22 $11,331,871 $171 $71,889 $10,974 $204,350 $11 $561,725 $247,098 $2,667,105
502 503 606 612 625 635 645
POWER AND
COMMUNICATIONS WATER
MEDICAL
INSURANCE FLEET
INFORMATION
TECHNOLOGY
VEHICLE
REPLACEMENT
RISK
MANAGEMENT TOTAL
Revenues $23,315,033 $30,962,272 $3,335,368 $1,290,364 $939,672 $647,057 $395,500 $103,175,209
Expenses 34,635,377 35,499,347 4,987,454 1,794,872 979,344 810,713 395,500 128,335,590
Net (11,320,344)(4,537,075)(1,652,086)(504,508)(39,672)(163,656)0 (25,160,381)
Estimated Beginning Fund Balance, 1/1/22 19,477,782 10,946,462 2,447,376 656,965 653,393 1,438,512 35,866 57,694,590
Estimated Ending Fund Balance, 12/31/22 $8,157,438 $6,409,387 $795,290 $152,457 $613,721 $1,274,856 $35,866 $32,534,209
TOWN OF ESTES PARK
BA#7 - FINAL YEAR END AMENDMENTS
RECAP OF BUDGET
ALL FUNDS
11/30/2022 5:40 PM
BA#7 - Final Year End Amendments.xlsb
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
Estimated Ending Fund Balance, 12/31/22 11,331,871 171 71,889 10,974 204,350 11 561,725 247,098 2,667,105
Add Back Contingencies included in Budgeted Expenses 250,000 - - - - - - - -
Add Back Reserves included in Budgeted Expenses 97,000 - - - - - - - -
Adjusted Ending Fund Balance, 12/31/22 $11,678,871 $171 $71,889 $10,974 $204,350 $11 $561,725 $247,098 $2,667,105
Contingency - Grants *250,000 - - - - - - - -
Contingency - Med Ins Claims **- - - - - - - - -
Budgeted Reserves ***
Pkg Garage Maint Reserve 101-1700-417-37-99 48,000 - - - - - - - -
Workforce Housing Reserve 85,000 - - - - - - - -
Capital Reserves - - - - - - - - -
Nonspendable Prepaid Fund Bal & Restr Donations 207,739 - - - - - - - -
Policy 660 Fund Balance Reserves 6,091,881 - - - - - - - -
Total Reserved Fund Balance 6,682,620 - - - - - - - -
Unreserved Budgetary Fund Balance $4,996,251 $171 $71,889 $10,974 $204,350 $11 $561,725 $247,098 $2,667,105
502 503 606 612 625 635 645
POWER AND
COMMUNICATIONS WATER
MEDICAL
INSURANCE FLEET
INFORMATION
TECHNOLOGY
VEHICLE
REPLACEMENT
RISK
MANAGEMENT TOTAL
Estimated Ending Fund Balance, 12/31/21 8,157,438 6,409,387 795,290 152,457 613,721 1,274,856 35,866 32,534,209
Add Back Contingencies included in Budgeted Expenses - - 750,000 - - - - 1,000,000
Add Back Reserves included in Budgeted Expenses - - - - - - - 97,000
Adjusted Ending Fund Balance, 12/31/22 $8,157,438 $6,409,387 $1,545,290 $152,457 $613,721 $1,274,856 $35,866 $33,631,209
Contingency - Grants *- - - - - - - 250,000
Contingency - Med Ins Claims **- - 750,000 - - - - 750,000
Budgeted Reserves ***
Pkg Garage Maint Reserve 101-1700-417-37-99 - - - - - - - 48,000
Workforce Housing Reserve - - - - - - - 85,000
Capital Reserves - - - - - - - -
Nonspendable Prepaid Fund Bal & Restr Donations - - - - - - - 207,739
Equipment Reserve 1,975,931 641,687 - - - 1,274,856 - 3,892,474
Policy 660 Fund Balance Reserves 4,389,295 1,280,235 1,227,144 61,395 200,000 - - 13,249,949
Total Reserved Fund Balance 6,365,226 1,921,922 1,227,144 61,395 200,000 1,274,856 - 17,483,162
Unreserved Budgetary Fund Balance 1,792,212 4,487,466 318,146 91,062 413,721 - 35,866 16,148,047
* The Grant contingency is intended to be used only to manage unanticipated delays in collection of grant funds. Transfers may be necessary to cover these deferrals in other funds so a contingency budget has been developed for that
purpose. It is not anticipated to be used so it is added back for budgetary fund balance reserve comparisons.
** The Medical Insurance Claims contingency is budgeted to cover unanticipated large medical claims at year end. Final claim expenses are not known until Feb or March of the following year, much too late to amend the budget,
resulting in the possibility of large claims paid out exceeding budgeted expenditures. This contingency has been developed to avoid appearance of a budgetary violation when year end liabilities dramatically exceed historical amounts.
Since this is not anticipated to be used, the reserve is added back for budgetary fund balance reserve comparisons.
*** These miscellaneous reserves include current year additions to the reserves budgeted as expenses plus amounts accumulated in prior years. The current year additions are added back to fund balance since these appropriations are
budget management accounts and are not intended to be spent in the current budgeted year.
TOWN OF ESTES PARK
BA#7 - FINAL YEAR END AMENDMENTS
RECAP OF BUDGETED RESERVES
ALL FUNDS
TOWN OF ESTES PARK
SUMMARY OF CAPITAL RESERVE USAGES
FOR YEAR ENDED 12-31-2022
Capital Reserve Resources
Beginning General Government Capital Reserve - 12-31-2021 -$
Capital Reserve Contributions during 2022 1,700,000
Total Available Capital Reserves for 2022 1,700,000
Capital Reserve Uses
Downtown Estes Loop Project BA#2 - 8/9/2022 500,000
US 36 and Community Drive Roundabout BA#5 - 10/25/2022 600,000
Downtown Estes Loop Project Current Request 600,000
Total Capital Reserve Uses 1,700,000
Ending Capital Reserve Balance - 12/31/2022 -$
Fund/Dept Fund Name 2019 Actual 2020 Actual 2021 Actual
2022
Approved 2022 Amended
101 GENERAL FUND 22,300,431 18,324,050 23,037,469 24,611,373 25,298,206
204 COMMUNITY REINVESTMENT 3,396,952 1,313,175 1,376,520 7,544,916 7,544,916
211 CONSERVATION TRUST 38,679 33,086 38,116 34,100 34,100
220 LARIMER COUNTY OPEN SPACE 572,500 810,449 2,119,841 968,501 968,501
236 EMERGENCY RESPONSE 373,961 75,881 114,596 111,409 114,452
238 COMMUNITY CENTER 816,967 756,452 1,046,550 1,113,093 1,143,520
244 TRAILS 999,193 430,886 652,047 2,560,491 2,575,705
256 PARKING SERVICES - 365,882 929,474 816,095 816,095
260 STREET 2,047,078 1,848,541 2,511,225 3,721,423 3,794,448
502 POWER AND COMMUNICATIONS 20,021,167 19,557,503 20,840,078 22,124,783 23,315,033
503 WATER 7,304,661 6,870,008 7,179,700 30,962,272 30,962,272
606 MEDICAL INSURANCE 3,440,602 3,574,638 3,406,910 3,335,368 3,335,368
612 FLEET 521,653 365,239 617,575 1,290,364 1,290,364
625 INFORMATION TECHNOLOGY 850,161 906,802 970,234 939,672 939,672
635 VEHICLE REPLACEMENT 495,512 478,563 478,818 647,057 647,057
645 RISK MANAGEMENT 271,671 307,631 363,558 395,500 395,500
TOTAL 63,451,188 56,018,786 65,682,711 101,176,417 103,175,209
BA#7 - FINAL YEAR END AMENDMENTS
TOWN OF ESTES PARK
SUMMARY OF ANTICIPATED REVENUE
ALL FUNDS
Fund/Dept Fund Name 2019 Actual 2020 Actual 2021 Actual
2022
Approved
2022
Amended
101 GENERAL FUND
101-1100 Legislative 244,133 229,068 230,716 401,635 401,635
101-1190 Town Attorney 157,524 270,372 320,880 349,397 349,397
101-1200 Judicial 79,935 68,179 64,201 81,476 81,476
101-1300 Town Administrator's Office 333,761 346,845 348,020 385,216 385,216
101-1400 Town Clerk's Office 389,566 288,595 261,851 388,364 388,364
101-1500 Finance 545,941 552,905 603,905 669,016 669,016
101-1600 Planning 683,115 565,588 701,202 1,066,398 1,066,398
101-1700 Facilities 1,126,354 1,065,982 909,953 1,194,496 1,194,496
101-1800 Employee Benefits 120,124 181,909 198,520 411,671 411,671
101-1900 Community Service Grants 1,229,985 1,634,290 1,625,994 1,544,539 1,578,617
101-1945 Workforce Housing - - - 598,000 598,000
101-2100 Police - Patrol 3,613,063 3,852,231 4,404,113 4,842,144 4,842,144
101-2155 Police - Communications 1,020,236 960,067 1,000,408 1,261,540 1,261,540
101-2175 Police - Comm Svcs 313,582 369,657 375,410 391,470 391,470
101-2185 Police - Code Enforcement 98,345 127,757 132,084 146,690 146,690
101-2300 Building Safety Divison 620,963 506,550 609,886 649,997 849,997
101-2400 Engineering 314,032 332,073 354,343 511,189 511,189
101-2600 Visitor Center 487,629 403,016 408,476 627,701 627,701
101-3100 Streets 1,027,385 905,366 1,041,637 1,489,333 1,489,333
101-3175 Stormwater Maintenance - - - 402,652 402,652
101-5200 Parks 1,087,145 974,428 995,866 1,648,511 1,648,511
101-5500 Special Events 1,834,159 1,369,265 1,795,301 2,303,521 2,303,521
101-5600 Transportation 620,908 887,723 641,695 1,401,994 1,401,994
101-5690 Parking 179,474 - - - -
101-5700 Museum 391,419 395,116 401,043 468,278 468,278
101-9000 Transfers 3,199,789 1,345,138 1,371,857 6,663,919 6,663,919
101 GENERAL FUND 19,718,567 17,632,120 18,797,360 29,899,144 30,133,222
204 COMMUNITY REINVESTMENT 4,756,051 1,097,534 1,292,521 7,844,386 7,844,386
211 CONSERVATION TRUST 17,207 7,191 84,297 34,000 34,000
220 LARIMER COUNTY OPEN SPACE 421,580 1,574,680 958,840 2,058,692 2,058,692
236 EMERGENCY RESPONSE 363,110 53,655 71,888 65,245 65,245
238 COMMUNITY CENTER 793,392 780,025 1,046,540 1,113,093 1,143,520
244 TRAILS 813,685 325,427 256,068 3,313,648 3,313,648
256 PARKING SERVICES - 322,855 676,695 864,804 864,804
260 STREET 4,360,260 1,290,332 1,666,083 3,775,466 3,775,466
502 POWER AND COMMUNICATIONS 20,995,894 26,322,059 28,951,259 33,445,127 34,635,377
503 WATER 5,805,350 7,297,503 4,949,517 35,499,347 35,499,347
606 MEDICAL INSURANCE 2,636,662 3,301,785 3,265,130 4,145,000 4,987,454
612 FLEET 425,540 364,124 534,976 1,794,872 1,794,872
625 INFORMATION TECHNOLOGY 819,474 709,405 821,222 979,344 979,344
635 VEHICLE REPLACEMENT 243,430 123,559 7,572 810,713 810,713
645 RISK MANAGEMENT 271,627 307,015 328,353 395,500 395,500
TOTAL ALL FUNDS 62,441,829 61,509,269 63,708,322 126,038,381 128,335,590
BA#7 - FINAL YEAR END AMENDMENTS
TOWN OF ESTES PARK
SUMMARY OF APPROPRIATIONS
ALL FUNDS
Dept # 2019 Actual 2020 Actual 2021 Actual
2022
Approved
Budget
Current
Proposed
Amendment
2022
Amended
Budget
REVENUE
Taxes 14,431,402 13,467,699 18,201,848 19,210,957 486,833 19,697,790
Licenses and permits 809,296 630,290 762,931 704,150 200,000 904,150
Intergovernmental 638,151 1,385,415 1,111,437 1,435,608 - 1,435,608
Charges for services 756,871 310,959 464,496 671,538 - 671,538
Fines and forfeitures 61,890 37,284 35,174 37,000 - 37,000
Rental income 312,372 293,228 218,359 195,791 - 195,791
Investment income 166,001 110,437 (15,694) 175,000 - 175,000
Donations 141,447 41,510 51,992 42,800 - 42,800
Miscellaneous 235,563 188,022 189,608 525,779 - 525,779
Transfers-In from other funds 4,747,438 1,858,565 2,012,028 1,612,750 - 1,612,750
Sale of assets - 641 5,290 - - -
Financing Proceeds - - - - - -
Total Revenues 22,300,431 18,324,050 23,037,469 24,611,373 686,833 25,298,206
EXPENDITURES
Legislative 1100 244,133 229,068 230,716 401,635 - 401,635
Attorney 1190 157,524 270,372 320,880 349,397 - 349,397
Judicial 1200 79,935 68,179 64,201 81,476 - 81,476
Town Administrator 1300 333,761 346,845 348,020 385,216 - 385,216
Town Clerk 1400 389,566 288,595 261,851 388,364 - 388,364
Finance 1500 545,941 552,905 603,905 669,016 - 669,016
Planning 1600 683,115 565,588 701,202 1,066,398 - 1,066,398
Facilities 1700 1,126,354 1,065,982 909,953 1,194,496 - 1,194,496
Human Resources 1800 120,124 181,909 198,520 411,671 - 411,671
Outside Entity Funding 1900 1,229,985 1,634,290 1,625,994 1,544,539 34,078 1,578,617
Workforce Housing 1945 - - - 598,000 - 598,000
Police - Patrol 2100 3,613,063 3,852,231 4,404,113 4,842,144 - 4,842,144
Police - Communications 2155 1,020,236 960,067 1,000,408 1,261,540 - 1,261,540
Police - Comm Svc 2175 313,582 369,657 375,410 391,470 - 391,470
Police - Code Enforcement 2185 98,345 127,757 132,084 146,690 - 146,690
Building Safety 2300 620,963 506,550 609,886 649,997 200,000 849,997
Engineering 2400 314,032 332,073 354,343 511,189 - 511,189
Visitor Services 2600 487,629 403,016 408,476 627,701 - 627,701
Streets 3100 1,027,385 905,366 1,041,637 1,489,333 - 1,489,333
Stormwater Maintenance 3175 - - - 402,652 - 402,652
Parks 5200 1,087,145 974,428 995,866 1,648,511 - 1,648,511
Senior Center 5304 - - - - - -
Special Events 5500 1,834,159 1,369,265 1,795,301 2,303,521 - 2,303,521
Transit 5600 620,908 887,723 641,695 1,401,994 - 1,401,994
Parking 5690 179,474 - - - - -
Museum 5700 391,419 395,116 401,043 468,278 - 468,278
Transfers Out 9000 3,199,789 1,345,138 1,371,857 6,413,919 - 6,413,919
Contingency - Grants 9000 - - - 250,000 - 250,000
Rounding (8) (15) - - - -
Total Expenditures 19,718,559 17,632,105 18,797,360 29,899,144 234,078 30,133,222
Net Income (Loss)2,581,872 691,945 4,240,109 (5,287,771) 452,755 (4,835,016)
Beginning Fund Balance 8,652,961 11,234,833 11,926,778 16,166,887 16,166,887 16,166,887
Ending Fund Balance 11,234,833 11,926,778 16,166,887 10,879,116 16,619,642 11,331,871
TOWN OF ESTES PARK
BA#7 - FINAL YEAR END AMENDMENTS
SUMMARY BY FUND & DEPARTMENT
GENERAL FUND # 101
Dept # 2019 Actual 2020 Actual 2021 Actual
2022
Approved
Budget
Current
Proposed
Amendment
2022
Amended
Budget
REVENUE
Taxes - - - - - -
Licenses and permits - - - - - -
Intergovernmental 173,516 480,761 - 1,230,116 - 1,230,116
Charges for services - - - - - -
Fines and forfeitures - - - - - -
Rental income - - - - - -
Investment income 38,647 15,867 (21) 500 - 500
Donations - - - - - -
Miscellaneous - - 4,684 - - -
Transfers-In from other funds 3,184,789 816,547 1,371,857 6,296,300 - 6,296,300
Sale of assets - - - 18,000 - 18,000
Financing Proceeds - - - - - -
Total Revenues 3,396,952 1,313,175 1,376,520 7,544,916 - 7,544,916
EXPENDITURES
Community Reinvestment Fund 5400 72,264 49,613 93,017 159,238 - 159,238
Capital Outlay 5400 941,453 131,093 280,504 6,757,013 - 6,757,013
Debt Service 6700 916,866 916,828 919,000 928,135 - 928,135
Transfers Out 9000 2,825,468 - - - - -
Rounding - (1) - - - -
Total Expenditures 4,756,051 1,097,533 1,292,521 7,844,386 - 7,844,386
Net Income (Loss)(1,359,099) 215,642 83,999 (299,470) - (299,470)
Beginning Fund Balance 1,359,099 - 215,642 299,641 299,641 299,641
Ending Fund Balance - 215,642 299,641 171 299,641 171
TOWN OF ESTES PARK
BA#7 - FINAL YEAR END AMENDMENTS
SUMMARY BY FUND & DEPARTMENT
COMMUNITY REINVESTMENT FUND # 204
Dept # 2019 Actual 2020 Actual 2021 Actual
2022
Approved
Budget
Current
Proposed
Amendment
2022
Amended
Budget
REVENUE
Taxes - - - - - -
Licenses and permits - - - - - -
Intergovernmental 35,949 32,536 38,161 34,000 - 34,000
Charges for services - - - - - -
Fines and forfeitures - - - - - -
Rental income - - - - - -
Investment income 970 550 (46) 100 - 100
Donations - - - - - -
Miscellaneous 1,760 - - - - -
Transfers-In from other funds - - - - - -
Sale of assets - - - - - -
Financing Proceeds - - - - - -
Total Revenues 38,679 33,086 38,116 34,100 - 34,100
EXPENDITURES
Conservation Trust Fund 17,207 7,191 84,297 34,000 - 34,000
Rounding - - - - - -
Total Expenditures 17,207 7,191 84,297 34,000 - 34,000
Net Income (Loss)21,472 25,895 (46,182) 100 - 100
Beginning Fund Balance 70,605 92,077 117,972 71,789 71,789 71,789
Ending Fund Balance 92,077 117,972 71,790 71,889 71,789 71,889
TOWN OF ESTES PARK
BA#7 - FINAL YEAR END AMENDMENTS
SUMMARY BY FUND & DEPARTMENT
CONSERVATION TRUST FUND # 211
Dept # 2019 Actual 2020 Actual 2021 Actual
2022
Approved
Budget
Current
Proposed
Amendment
2022
Amended
Budget
REVENUE
Taxes - - - - - -
Licenses and permits - - - - - -
Intergovernmental 561,059 592,904 2,120,769 966,501 - 966,501
Charges for services - - - - - -
Fines and forfeitures - - - - - -
Rental income - - - - - -
Investment income 11,441 7,545 (928) 2,000 - 2,000
Donations - - - - - -
Miscellaneous - - - - - -
Transfers-In from other funds - 210,000 - - - -
Sale of assets - - - - - -
Financing Proceeds - - - - - -
Total Revenues 572,500 810,449 2,119,841 968,501 - 968,501
EXPENDITURES
Open Space 4600 82,355 80,770 90,839 123,749 - 123,749
Capital Outlay 4600 39,225 1,493,910 658,001 1,934,943 - 1,934,943
Transfers Out 9000 300,000 - 210,000 - - -
Rounding - 1 - - - -
Total Expenditures 421,580 1,574,681 958,840 2,058,692 - 2,058,692
Net Income (Loss)150,920 (764,232) 1,161,000 (1,090,191) - (1,090,191)
Beginning Fund Balance 553,476 704,396 (59,836) 1,101,165 1,101,165 1,101,165
Ending Fund Balance 704,396 (59,836) 1,101,164 10,974 1,101,165 10,974
TOWN OF ESTES PARK
BA#7 - FINAL YEAR END AMENDMENTS
SUMMARY BY FUND & DEPARTMENT
LARIMER COUNTY OPEN SPACE FUND # 220
Dept # 2019 Actual 2020 Actual 2021 Actual
2022
Approved
Budget
Current
Proposed
Amendment
2022
Amended
Budget
REVENUE
Taxes 81,697 75,645 104,655 111,309 3,043 114,352
Licenses and permits - - - - - -
Intergovernmental - - 9,960 - - -
Charges for services - - - - - -
Fines and forfeitures - - - - - -
Rental income - - - - - -
Investment income 419 236 (19) 100 - 100
Donations - - - - - -
Miscellaneous - - - - - -
Transfers-In from other funds - - - - - -
Sale of assets - - - - - -
Financing Proceeds 291,845 - - - - -
Total Revenues 373,961 75,881 114,596 111,409 3,043 114,452
EXPENDITURES
Emergency Response System 3600 7,962 5,112 23,344 16,700 - 16,700
Debt Service 3600 48,544 48,543 48,544 48,545 - 48,545
Capital Outlay 3600 306,604 - - - - -
Transfers Out 9000 - - - - - -
Rounding 1 3 - - - -
Total Expenditures 363,111 53,658 71,888 65,245 - 65,245
Net Income (Loss)10,850 22,223 42,708 46,164 3,043 49,207
Beginning Fund Balance 79,363 90,213 112,436 155,143 155,143 155,143
Ending Fund Balance 90,213 112,436 155,144 201,307 158,186 204,350
TOWN OF ESTES PARK
BA#7 - FINAL YEAR END AMENDMENTS
SUMMARY BY FUND & DEPARTMENT
EMERGENCY RESPONSE SYSTEM FUND # 236
Dept # 2019 Actual 2020 Actual 2021 Actual
2022
Approved
Budget
Current
Proposed
Amendment
2022
Amended
Budget
REVENUE
Taxes 816,967 756,447 1,046,550 1,113,093 30,427 1,143,520
Licenses and permits - - - - - -
Intergovernmental - - - - - -
Charges for services - - - - - -
Fines and forfeitures - - - - - -
Rental income - - - - - -
Investment income - 5 - - - -
Donations - - - - - -
Miscellaneous - - - - - -
Transfers-In from other funds - -
Sale of assets - -
Financing Proceeds - -
Total Revenues 816,967 756,452 1,046,550 1,113,093 30,427 1,143,520
-
EXPENDITURES -
Community Center 3800 793,392 780,025 1,046,540 1,113,093 30,427 1,143,520
Transfers Out 9000 - - - - - -
Rounding - 1 - - - -
Total Expenditures 793,392 780,026 1,046,540 1,113,093 30,427 1,143,520
Net Income (Loss)23,575 (23,574) 10 - - -
Beginning Fund Balance - 23,575 1 11 11 11
Ending Fund Balance 23,575 1 11 11 11 11
TOWN OF ESTES PARK
BA#7 - FINAL YEAR END AMENDMENTS
SUMMARY BY FUND & DEPARTMENT
COMMUNITY CENTER FUND # 238
Dept # 2019 Actual 2020 Actual 2021 Actual
2022
Approved
Budget
Current
Proposed
Amendment
2022
Amended
Budget
REVENUE
Taxes 408,484 378,223 523,275 561,546 15,214 576,760
Licenses and permits - - - - - -
Intergovernmental 286,000 50,000 120,039 1,998,745 - 1,998,745
Charges for services - - - - - -
Fines and forfeitures - - - - - -
Rental income - - - - - -
Investment income 4,709 2,663 (286) 200 - 200
Donations - - - - - -
Miscellaneous - - 9,018 - - -
Transfers-In from other funds 300,000 - - - - -
Sale of assets - - - - - -
Financing Proceeds - - - - - -
Total Revenues 999,193 430,886 652,047 2,560,491 15,214 2,575,705
-
EXPENDITURES -
Trails Expansion Operations 3400 40,220 32,056 34,213 103,904 - 103,904
Capital Outlay 3400 773,465 293,371 221,855 3,209,744 - 3,209,744
Transfers Out 9000 - - - - - -
Rounding 2 (3) - - - -
Total Expenditures 813,687 325,424 256,068 3,313,648 - 3,313,648
Net Income (Loss)185,506 105,462 395,979 (753,157) 15,214 (737,943)
Beginning Fund Balance 612,721 798,227 903,689 1,299,668 1,299,668 1,299,668
Ending Fund Balance 798,227 903,689 1,299,668 546,511 1,314,882 561,725
TOWN OF ESTES PARK
BA#7 - FINAL YEAR END AMENDMENTS
SUMMARY BY FUND & DEPARTMENT
TRAILS EXPANSION FUND # 244
Dept # 2019 Actual 2020 Actual 2021 Actual
2022
Approved
Budget
Current
Proposed
Amendment
2022
Amended
Budget
REVENUE
Taxes - - - - - -
Licenses and permits - 60 24,888 4,000 - 4,000
Intergovernmental - 24,500 - - - -
Charges for services - - 864,783 795,000 - 795,000
Fines and forfeitures - 22,641 39,759 17,095 - 17,095
Rental income - - - - - -
Investment income - - - - - -
Donations - - - - - -
Miscellaneous - 90 45 - - -
Transfers-In from other funds - 318,591 - - - -
Sale of assets - - - - - -
Financing Proceeds - - - - - -
Total Revenues - 365,882 929,474 816,095 - 816,095
-
EXPENDITURES -
Parking Services Operations 5690 - 322,396 578,223 813,042 - 813,042
Capital Outlay 5690 - 459 98,472 51,762 - 51,762
Transfers Out 9000 - - - - - -
Rounding - (1) - - - -
Total Expenditures - 322,854 676,695 864,804 - 864,804
Net Income (Loss)- 43,028 252,779 (48,709) - (48,709)
Beginning Fund Balance - - 43,028 295,807 295,807 295,807
Ending Fund Balance - 43,028 295,807 247,098 295,807 247,098
TOWN OF ESTES PARK
BA#7 - FINAL YEAR END AMENDMENTS
SUMMARY BY FUND & DEPARTMENT
PARKING SERVICES FUND # 256
Dept # 2019 Actual 2020 Actual 2021 Actual
2022
Approved
Budget
Current
Proposed
Amendment
2022
Amended
Budget
-
REVENUE -
Taxes 1,960,721 1,815,472 2,511,721 2,671,423 73,025 2,744,448
Licenses and permits - - - - - -
Intergovernmental - - 1,235 1,030,000 - 1,030,000
Charges for services - - - - - -
Fines and forfeitures - - - - - -
Rental income - - - - - -
Investment income 86,357 33,069 (1,731) 20,000 - 20,000
Donations - - - - - -
Miscellaneous - - - - - -
Transfers-In from other funds - - - - - -
Sale of assets - - - - - -
Financing Proceeds - - - - - -
Total Revenues 2,047,078 1,848,541 2,511,225 3,721,423 73,025 3,794,448
-
EXPENDITURES -
Street Improvement Operations 2000 588,488 581,815 545,029 745,456 - 745,456
Capital Outlay 2000 3,771,772 708,517 1,121,054 3,030,010 - 3,030,010
Transfers Out 9000 - - - - - -
Rounding (2) 1 - - - -
Total Expenditures 4,360,258 1,290,333 1,666,083 3,775,466 - 3,775,466
Net Income (Loss)(2,313,180) 558,208 845,142 (54,043) 73,025 18,982
Beginning Fund Balance 3,557,952 1,244,772 1,802,980 2,648,123 2,648,123 2,648,123
Ending Fund Balance 1,244,772 1,802,980 2,648,122 2,594,080 2,721,148 2,667,105
TOWN OF ESTES PARK
BA#7 - FINAL YEAR END AMENDMENTS
SUMMARY BY FUND & DEPARTMENT
STREET IMPROVEMENT FUND # 260
Dept # 2019 Actual 2020 Actual 2021 Actual
2022
Approved
Budget
Current
Proposed
Amendment
2022
Amended
Budget
REVENUE
Taxes - - - - - -
Licenses and permits - - - - - -
Intergovernmental 6,548 (759) 4,375 1,615,173 1,190,250 2,805,423
Charges for services 19,072,995 19,045,257 20,433,601 20,289,610 - 20,289,610
Fines and forfeitures - - - - - -
Rental income 2,745 5,400 5,400 - - -
Investment income 316,767 311,020 4,651 122,000 - 122,000
Donations 487,398 - - - - -
Miscellaneous 144,708 196,585 281,464 98,000 - 98,000
Transfers-In from other funds - - - - - -
Sale of assets (9,994) - 110,588 - - -
Financing Proceeds - - - - - -
Total Revenues 20,021,167 19,557,503 20,840,078 22,124,783 1,190,250 23,315,033
EXPENDITURES
Source of Supply 6100 8,142,386 7,718,129 7,963,435 8,168,860 - 8,168,860
Distribution 6301 3,430,531 3,898,088 4,798,010 4,817,061 - 4,817,061
Customer Accounts 6401 421,817 495,490 435,368 585,510 - 585,510
Admin & General 6501 2,164,940 2,099,898 2,072,627 2,578,933 - 2,578,933
Debt Service 6700 489,968 974,346 930,064 1,792,940 - 1,792,940
Broadband 6900 442,826 675,547 1,033,569 1,406,817 - 1,406,817
Capital Outlay 7001 4,130,498 8,740,532 10,048,158 12,607,006 1,190,250 13,797,256
Transfers Out 6600 1,772,928 1,720,029 1,670,028 1,488,000 - 1,488,000
Rounding (1) 1 - - - -
Total Expenditures 20,995,893 26,322,060 28,951,259 33,445,127 1,190,250 34,635,377
Net Income (Loss)(974,726) (6,764,557) (8,111,181) (11,320,344) - (11,320,344)
Beginning Fund Balance 8,969,681 37,175,241 28,716,335 19,477,782 19,477,782 19,477,782
Ending Fund Balance 7,994,955 30,410,684 20,605,154 8,157,438 19,477,782 8,157,438
TOWN OF ESTES PARK
BA#7 - FINAL YEAR END AMENDMENTS
SUMMARY BY FUND & DEPARTMENT
POWER AND COMMUNICATIONS FUND # 502
Dept # 2019 Actual 2020 Actual 2021 Actual
2022
Approved
Budget
Current
Proposed
Amendment
2022
Amended
Budget
REVENUE
Taxes - - - - - -
Licenses and permits - - - - - -
Intergovernmental 348,087 97,309 3,999 12,979,000 - 12,979,000
Charges for services 6,636,801 6,584,836 7,166,538 5,580,272 - 5,580,272
Fines and forfeitures - - - - - -
Rental income - - - - - -
Investment income 221,134 136,974 (11,490) 100,000 - 100,000
Donations - - - - - -
Miscellaneous 103,852 50,889 24,613 - - -
Transfers-In from other funds - - - - - -
Sale of assets (5,213) - (3,961) 135,000 - 135,000
Financing Proceeds - - - 12,168,000 - 12,168,000
Total Revenues 7,304,661 6,870,008 7,179,700 30,962,272 - 30,962,272
EXPENDITURES
Source of Supply 6100 105,523 146,014 125,029 120,000 - 120,000
Purification 6200 880,041 894,748 821,889 1,174,434 - 1,174,434
Distribution 6300 1,490,360 1,583,472 1,531,073 2,135,845 - 2,135,845
Customer Accounts 6400 245,114 293,507 295,013 416,689 - 416,689
Admin & General 6500 764,451 816,504 880,288 1,273,971 - 1,273,971
Debt Service 6700 104,892 127,513 106,581 487,181 - 487,181
Capital Outlay 7000 2,065,927 3,297,209 1,057,644 29,766,477 - 29,766,477
Transfers Out 6600 149,042 138,536 132,000 124,750 - 124,750
Rounding 1 (3) - - - -
Total Expenditures 5,805,351 7,297,500 4,949,517 35,499,347 - 35,499,347
Net Income (Loss)1,499,310 (427,492) 2,230,183 (4,537,075) - (4,537,075)
Beginning Fund Balance 8,070,619 9,354,291 9,123,115 10,946,462 10,946,462 10,946,462
Ending Fund Balance 9,569,929 8,926,799 11,353,298 6,409,387 10,946,462 6,409,387
SUMMARY BY FUND & DEPARTMENT
WATER FUND # 503
TOWN OF ESTES PARK
BA#7 - FINAL YEAR END AMENDMENTS
Dept # 2019 Actual 2020 Actual 2021 Actual
2022
Approved
Budget
Current
Proposed
Amendment
2022
Amended
Budget
REVENUE
Taxes - - - - - -
Licenses and permits - - - - - -
Intergovernmental - - - - - -
Charges for services 944,889 887,817 807,404 250,000 - 250,000
Fines and forfeitures - - - - - -
Rental income - - - - - -
Investment income 35,806 22,987 (2,967) 20,000 - 20,000
Donations - - - - - -
Miscellaneous 2,459,907 2,663,834 2,602,472 3,065,368 - 3,065,368
Transfers-In from other funds - - - - - -
Sale of assets - - - - - -
Financing Proceeds - - - - - -
Total Revenues 3,440,602 3,574,638 3,406,910 3,335,368 - 3,335,368
EXPENDITURES
Medical Insurance Fund Operations 4200 2,636,662 3,301,785 3,265,130 3,395,000 842,454 4,237,454
Contingency - Med Ins Claims 4200 - - - 750,000 842,454 1,592,454
Rounding (1) - - - - -
Total Expenditures 2,636,661 3,301,785 3,265,130 4,145,000 1,684,908 5,829,908
Net Income (Loss)803,941 272,853 141,779 (809,632) (1,684,908) (2,494,540)
Beginning Fund Balance 1,228,803 2,032,744 2,305,597 2,447,376 2,447,376 2,447,376
Ending Fund Balance 2,032,744 2,305,597 2,447,376 1,637,744 762,468 (47,164)
TOWN OF ESTES PARK
BA#7 - FINAL YEAR END AMENDMENTS
SUMMARY BY FUND & DEPARTMENT
MEDICAL INSURANCE FUND # 606
Dept # 2019 Actual 2020 Actual 2021 Actual
2022
Approved
Budget
Current
Proposed
Amendment
2022
Amended
Budget
REVENUE
Taxes - - - - - -
Licenses and permits - - - - - -
Intergovernmental 10 - - 558,567 - 558,567
Charges for services 505,992 361,131 617,915 592,797 - 592,797
Fines and forfeitures - - - - - -
Rental income - - - - - -
Investment income 7,321 4,138 (340) 4,000 - 4,000
Donations - - - - - -
Miscellaneous 580 - - - - -
Transfers-In from other funds - - - 135,000 - 135,000
Sale of assets 7,750 (30) - - - -
Financing Proceeds - - - - - -
Total Revenues 521,653 365,239 617,575 1,290,364 - 1,290,364
EXPENDITURES
Fleet Maintenance 4300 409,863 364,124 459,467 613,949 - 613,949
Capital Outlay 7000 15,677 - 75,509 1,180,923 - 1,180,923
Rounding (1) - - - - -
Total Expenditures 425,539 364,124 534,976 1,794,872 - 1,794,872
Net Income (Loss)96,114 1,115 82,599 (504,508) - (504,508)
Beginning Fund Balance 477,135 573,249 574,364 656,965 656,965 656,965
Ending Fund Balance 573,249 574,364 656,963 152,457 656,965 152,457
TOWN OF ESTES PARK
BA#7 - FINAL YEAR END AMENDMENTS
SUMMARY BY FUND & DEPARTMENT
FLEET MAINTENANCE FUND # 612
Dept # 2019 Actual 2020 Actual 2021 Actual
2022
Approved
Budget
Current
Proposed
Amendment
2022
Amended
Budget
REVENUE
Taxes - - - - - -
Licenses and permits - - - - - -
Intergovernmental (7) 5,000 15,691 - - -
Charges for services 841,570 896,096 953,242 935,672 - 935,672
Fines and forfeitures - - - - - -
Rental income - - - - - -
Investment income 6,751 3,815 (314) 4,000 - 4,000
Donations - - - - - -
Miscellaneous 1,847 1,891 1,615 - - -
Transfers-In from other funds - - - - - -
Sale of assets - - - - - -
Financing Proceeds - - - - - -
Total Revenues 850,161 906,802 970,234 939,672 - 939,672
-
EXPENDITURES -
IT Operations 2500 739,274 654,012 759,722 872,844 - 872,844
Capital Outlay 2500 80,200 55,393 61,500 106,500 - 106,500
Transfers Out 9000 - - - - - -
Rounding (1) - - - - -
Total Expenditures 819,473 709,405 821,222 979,344 - 979,344
Net Income (Loss)30,688 197,397 149,013 (39,672) - (39,672)
Beginning Fund Balance 276,297 306,985 504,382 653,393 653,393 653,393
Ending Fund Balance 306,985 504,382 653,395 613,721 653,393 613,721
BA#7 - FINAL YEAR END AMENDMENTS
SUMMARY BY FUND & DEPARTMENT
INFORMATION SYSTEMS TECHNOLOGY FUND # 625
TOWN OF ESTES PARK
Dept # 2019 Actual 2020 Actual 2021 Actual
2022
Approved
Budget
Current
Proposed
Amendment
2022
Amended
Budget
REVENUE
Taxes - - - - - -
Licenses and permits - - - - - -
Intergovernmental - - - - - -
Charges for services 455,898 478,139 517,006 646,557 - 646,557
Fines and forfeitures - - - - - -
Rental income - - - - - -
Investment income 857 484 201 500 - 500
Donations - - - - - -
Miscellaneous - - - - - -
Transfers-In from other funds 15,000 - - - - -
Sale of assets 23,757 (60) (38,389) - - -
Financing Proceeds - - - - - -
Total Revenues 495,512 478,563 478,818 647,057 - 647,057
EXPENDITURES
Fleet Replacement Operations 3500 - - - - - -
Capital Outlay 7000 243,430 123,559 7,572 793,332 - 793,332
Transfers Out 9000 - - - 17,381 - 17,381
Rounding - 2 - - - -
Total Expenditures 243,430 123,561 7,572 810,713 - 810,713
Net Income (Loss)252,082 355,002 471,246 (163,656) - (163,656)
Beginning Fund Balance 319,092 571,174 926,176 1,438,512 1,438,512 1,438,512
Ending Fund Balance 571,174 926,176 1,397,422 1,274,856 1,438,512 1,274,856
TOWN OF ESTES PARK
BA#7 - FINAL YEAR END AMENDMENTS
SUMMARY BY FUND & DEPARTMENT
VEHICLE REPLACEMENT FUND # 635
Dept # 2019 Actual 2020 Actual 2021 Actual
2022
Approved
Budget
Current
Proposed
Amendment
2022
Amended
Budget
-
REVENUE -
Taxes - - - - - -
Licenses and permits - - - - - -
Intergovernmental - - - - - -
Charges for services 271,616 307,344 358,356 395,500 - 395,500
Fines and forfeitures - - - - - -
Rental income - - - - - -
Investment income - - - - - -
Donations - - - - - -
Miscellaneous 55 287 5,202 - - -
Transfers-In from other funds - - - - - -
Sale of assets - - - - - -
Financing Proceeds - - - - - -
Total Revenues 271,671 307,631 363,558 395,500 - 395,500
EXPENDITURES
Risk Management Operations 4100 271,627 307,015 328,353 395,500 - 395,500
Rounding - - - - - -
Total Expenditures 271,627 307,015 328,353 395,500 - 395,500
Net Income (Loss)44 616 35,205 - - -
Beginning Fund Balance - 44 660 35,866 35,866 35,866
Ending Fund Balance 44 660 35,865 35,866 35,866 35,866
TOWN OF ESTES PARK
BA#7 - FINAL YEAR END AMENDMENTS
SUMMARY BY FUND & DEPARTMENT
RISK MANAGEMENT FUND # 645
General Fund
Community
Reinvestment Fund Total
Total Revenues 25,298,206 7,544,916 32,843,122
Less:
Capital & One Time Grants (One time funds)953,564 1,230,116 2,183,680
Transfer from Fleet Replacement Fund - 17,381
Transfers between GF & CRF - 6,278,919 6,278,919
953,564 7,526,416 8,479,980
Net Ongoing Revenues 24,344,642 18,500 24,363,142
Total Expenditures 30,133,222 7,844,386 37,977,608
Less:
Transfers between GF & CRF 6,278,919 - 6,278,919
Less Significant One Time Expenditures:
Parking Garage Maint Reserve 101-1700-417-37-99 12,000 - 12,000
Workforce Housing Reserve 101-1945-419-37-98 85,000 - 85,000
Workforce Housing Assistance 415,000 - 415,000
Conting-Grants 101-1900-419-60-02 250,000 - 250,000
Comprehensive Land Use Plan 231,532 - 231,532
Housing Needs Study 73,000 - 73,000
Facility Needs Study - 21,990 21,990
Capital 574,151 6,757,013 7,331,164
One Time Transfer to Fleet for final Water Shop Pmt 135,000 - 135,000
1,775,683 6,779,003 8,554,686
Net Ongoing Expenditures 22,078,620 1,065,383 23,144,003
Net Ongoing Rev vs Exp 2,266,022 (1,046,883) 1,219,139
TOWN OF ESTES PARK
BA#7 - FINAL YEAR END AMENDMENTS
GENERAL & COMMUNITY REINVESTMENT FUNDS
ONGOING REVENUES VS ONGONG EXPENDITURES
General Fund
Comm
Reinvestment
Fund Total
Fund Balance 11,331,871$ 171$ 11,332,042$
Reserves to Exclude
Parking Garage Maintenance Reserve 48,000 48,000
Capital Reserves 600,000 600,000
Workforce Housing Reserve 85,000 85,000
Prepaids and Restricted Donations Estimate 207,739 207,739
340,739 600,000 940,739
Fund Balance Subject to Reserve Calculation 10,991,132 (599,829) 10,391,303
Total Expenditures 30,133,222 7,844,386 37,977,608
Less Transfers Out Between GF & CRF 6,278,919 - 6,278,919
Net Expenditures 23,854,303 7,844,386 31,698,689
Less Capital Expenditures
General Fund 574,151 - 574,151
Community Reinvestment Fund - 6,757,013 6,757,013
Total Capital to Exclude 574,151 6,757,013 7,331,164
Total Expenditures Subject to Reserve Calculation 23,280,152$ 1,087,373$ 24,367,525$
25% Reserve Per Policy 660 6,091,881
Projected Reserve Ratio as of 12-31-2022 42.6%
TOWN OF ESTES PARK
BA#7 - FINAL YEAR END AMENDMENTS
GENERAL & COMMUNITY REINVESTMENT FUNDS
FUND BALANCE RESERVE RATIO
Fund Account #
Project
Code Project Descr Grant Program / Grantor
Federal /
State /
Other
2022 Approved
Budget
Current Proposed
Amendment
2022 Amended
Budget
101 101-1600-334.20-00 EVLTGT EV Land Trust Grant GOCO S -$ -$
101 101-1600-334.20-00 COMPPL Comp Plan Grant DOLA S 150,000 150,000
101 101-1945-334.20-00 *22HSN Housing Needs Study Grant DOLA S 51,000 51,000
101 101-1900-334.20-00 COVBUS
Colorado Small Business Relief
Program State of Colorado S - -
101 101-2100-333.00-00 BVEST Bulletproof Vest Partnership Program US Dept of Justice F 1,500 1,500
101 101-2100-334.20-00 CDOT
High Visibility Enforcement (Seatbelt
and DUI Checkpoints)State of Colorado S - -
101 101-2100-334.20-00 PDPOST PD Post Grants State of Colorado S - -
101 101-2100-334.20-00 PDPOST PD Post Grants State of Colorado S 5,834 5,834
101 101-2100-334.20-00 LEAF LEAF State of Colorado S - -
101 101-2100-334.20-00 PDPOST PD Post Grants State of Colorado S 5,000 5,000
101 101-2100-334.20-00 LEAF LEAF State of Colorado S 7,000 7,000
101 101-2100-334.20-00 PDPOST PD Post Grants State of Colorado 5,625 5,625
101 101-2100-334.20-00 CDOT
High Visibility Enforcement (Seatbelt
and DUI Checkpoints)State of Colorado S 5,000 5,000
101 101-2175-334.20-00 LPTOP2 Restorative Justice Remote Conferencing TCDOT-RMS Grant S - -
101 101-3100-334.20-00 *SIGNS Revitalizing Main St Program CDOT F - -
101 101-5500-334.20-00 *WINTR Revitalizing Main St Program CDOT S - -
101 101-5600-333.00-00 ELTRL2 Electric Trolley #2 CDOT F 382,547 382,547
101 101-5600-333.00-00 COVTRN COVID-19 Transit Operations CARES Act F - -
101 101-5600-333.00-00 CRRSAA
Coronavirus Response & Relief
Suppl Approp Allocation CRRSSA Federal Grant F 361,017 361,017
101 101-5600-333.00-00 *TR22 2022 Transit 5311 Operating Grant FTA-5311 F 51,481 51,481
101 101-5700-365.20-00 MUSSCN Museum Large Format Scanner Trust Fund Donation O 5,663 5,663
101 101-5700-365.20-00 MUSSCN Museum Large Format Scanner
Friends of the Museum
Foundation O 3,337 3,337
101 Total 1,035,004 - 1,035,004
204 204-0000-333.00-00 COMMDR Community Drive Intersection CDOT F 750,000 - 750,000
204 204-0000-333.00-00 BIGTHF
Big Thompson Flood Mitigation
Design FEMA F 410,625 410,625
204 204-0000-334.20-00 WILL22 Willow Knolls - Birch Ruins Walkway State of Colorado S 19,491 19,491
204 204-0000-334.20-00 34STDY US 34 Corridor Study CDOT S 50,000 50,000
204 Total 1,230,116 - 1,230,116
TOWN OF ESTES PARK
BA#7 - FINAL YEAR END AMENDMENTS
SUMMARY OF BUDGETED GRANT REVENUES, DONATIONS AND DEBT PROCEEDS
ALL FUNDS
Fund Account #
Project
Code Project Descr Grant Program / Grantor
Federal /
State /
Other
2022 Approved
Budget
Current Proposed
Amendment
2022 Amended
Budget
TOWN OF ESTES PARK
BA#7 - FINAL YEAR END AMENDMENTS
SUMMARY OF BUDGETED GRANT REVENUES, DONATIONS AND DEBT PROCEEDS
ALL FUNDS
220 220-0000-333.00-00 FRTR3 Fall River Trail Phase 3
Dept of Interior - Nat'l Park
Service F - -
220 220-0000-333.00-00 FRTR2A Fall River Trail Phase 2A Recreation Trail Grant Program F - -
220 220-0000-334.10-00 PICNIC
Big Thompson River Picnic Area
(Pkg Gar)GOCO S 43,275 43,275
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 ROCK
Climbing Rock Big Thompson River
Picnic Area Visit Estes Park O - -
220 Total 491,501 - 491,501
236 236-0000-334.20-00 LPTOP3 Police EOC Computer Repl CDOT-RMS Grant S - -
236 Total - - -
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
244 244-0000-334.30-00 FRTR2B Fall River Trail Phase 2B Colorado the Beautiful S 363,706 363,706
244 244-0000-334.40-00 FRTR3 Fall River Trail Phase 3 Rocky Mnt Conservancy O 120,039 120,039
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 - - -
260 260-0000-334.30-00 EPMOBH
EP Mobility Hub - Visitor Center
Parking Lot CDOT S 1,030,000 1,030,000
260 Total 1,030,000 - 1,030,000
Fund Account #
Project
Code Project Descr Grant Program / Grantor
Federal /
State /
Other
2022 Approved
Budget
Current Proposed
Amendment
2022 Amended
Budget
TOWN OF ESTES PARK
BA#7 - FINAL YEAR END AMENDMENTS
SUMMARY OF BUDGETED GRANT REVENUES, DONATIONS AND DEBT PROCEEDS
ALL FUNDS
502 502-0000-333.00-00 TBARPA Trailblazer Buildout - ARPA UD Dept of Treasury F 1,615,173 1,615,173
502 502-0000-334.30-00 TBDOLA Trailblazer Buildout - Dola Grant DOLA S - 1,190,250 1,190,250
502 Total 1,615,173 1,190,250 2,805,423
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
503 503-0000-333.00-00 WUSBOR BOR Water Meter Project US BOR F 75,000 75,000
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 Total 21,159,000 - 21,159,000
612 612-0000-333.00-00 ELTRCH Trolly Charging Station CDOT Grant F 301,714 301,714
612 612-0000-333.00-00 ELTRCH Trolly Charging Station Additional Federal Grant F 256,853 256,853
612 Total 558,567 - 558,567
625 625-0000-334.20-00 HOTSPT Wireless Hotspot Grant S - -
625 625-0000-334.20-00 PHONES Phone System Upgrade CDOT-RMS S - -
625 625-0000-334.20-00 LPTOP1 Laptop Grant CDOT CanDo Program S - -
625 Total - - -
Grand Total 29,118,106$ 1,190,250$ 30,308,356$
Project Name/Description Project Code ACCOUNT NUMBER ACCOUNT DESCRIPTION 2022 Approved
Budget
Current
Proposed
Amendment
2022 Amended
Budget
DOCUMENT MANAGEMENT SOFTWARE & EQUIP DOCMGT 101-1400-414.37-01 SOFTWARE 32,194$ -$ 32,194$
COMPREHENSIVE LAND USE PLAN COMPPL 101-1600-416.22-13 CONTRACT/SKILLED SVCS 231,532 231,532
PARKING GARAGE MAINTENANCE RESERVE PKGRES 101-1700-417.37-99 MAINTENANCE RESERVE 12,000 12,000
HOUSING STUDY/NEEDS ASSESSMENT *22HSN 101-1945-419.22-98 PROFESSIONAL SERVICES - OTHER 73,000 73,000
WORKFORCE HOUSING ASSISTANCE NA 101-1945-419.29-80 WORKFORCE HSNG ASSISTANCE 415,000 415,000
WORKFORCE HOUSING RESERVE WFHRES 101-1945-419.37-98 WORKFORCE HSNG RESERVES 85,000 85,000
VISITOR CENTER MAIN DOOR REPLACEMENT VCDOOR 101-2600-426.32-22 BUILDING REMODELING 55,000 55,000
VARIABLE MESSAGE SIGNS (CDOT COVID GRANT)*SIGNS 101-3100-431.34-98 OTHER MACHINERY/EQUIPMENT 8,587 8,587
2022 TRANSIT 5311 OPERATING GRANT *TR22 101-5600-456.22-60 TRANSPORTATION FEES 51,481 51,481
CRRSAA TRANSPORTATION GRANT CRRSAA 101-5600-456.22-60 TRANSPORTATION FEES 361,017 361,017
CRRSAA TRANSPORTATION GRANT CRRSAA 101-5600-456-25-04 VEHICLES & EQUIP R&M 1,300 1,300
ELECTRIC TROLLEY #2 - 2ND GRANT ELTRL2 101-5600-456.34-42 VEHICLES/TRUCKS 454,370 454,370
COBB-MACDONALD CABIN RE-ROOF CBNRF 101-5700-457.32-22 BUILDING REMODELING 15,000 15,000
MUSEUM LARGE FORMAT SCANNER MUSSCN 101-5700-457.33-32 OFFICE EQUIPMENT 9,000 9,000
*TOTAL GENERAL FUND 1,804,481 - 1,804,481
*
TOWN WIDE FACILITIES SPACE NEEDS STUDY *SPACE 204-5400-544.22-98 PROF SVCS - OTHER 21,990 21,990
FACILITY OPPORTUNITY SITES - FIRST RIGHT OF REFUSAL FACOPP 204-5400-544.31-11 LAND 100,000 100,000
WILLOW KNOLLS - BIRCH RUINS WALKWAY WILL22 204-5400-544.31-13 LAND IMPROVEMENTS 26,000 26,000
MUSEUM ANNEX FOUNDATION REPAIRS MUSANX 204-5400-544.32-22 BUILDING REMODELING 12,200 12,200
MUSEUM BOYD BUILDING ROOF REPLACEMENT BOYDRF 204-5400-544.32-22 BUILDING REMODELING 32,000 32,000
STREET SHOP REMODEL STSHOP 204-5400-544.32-22 BUILDING REMODELING 299,000 299,000
TREGENT RESTROOM REMODEL TREGRR 204-5400-544.32-22 BUILDING REMODELING 315,000 315,000
EVENT CENTER ARENA FOOTING RENOVATION ARNA22 204-5400-544.32-22 BUILDING REMODELING 90,128 90,128
EVENT COMPLEX PAVING MPECPV 204-5400-544.32-22 BUILDING REMODELING 250,000 250,000
PERFORMANCE PARK REFURBISHMENT PERFPK 204-5400-544.32-22 BUILDING REMODELING 200,000 200,000
TOWN HALL AC UNIT REPLACEMENT - PHASE 1 & 2 ACUNIT 204-5400-544.33-31 FURNITURE/FIXTURES 440,000 440,000
EVENT CENTER PUBLIC ACCESS WIRELESS INTERNET ECWIRE 204-5400-544.33-36 COMMUNICATION EQUIPMENT 100,000 100,000
EVENT CENTER SECURITY CAMERA SYSTEM ECSEC 204-5400-544.33-98 EQUIPMENT-OTHER 148,500 148,500
STORMWATER CREW PICKUP G68C 204-5400-544.34-41 AUTOMOBILES 62,381 62,381
NEW OFFICER PATROL CAR G158 204-5400-544.34-41 AUTOMOBILES 70,000 70,000
COMMUNITY DR INTERSECTION CONSTRUCTION CDINTR 204-5400-544.35-51 STREETS 1,938,244 1,938,244
COMMUNITY DR ENGINEERING DESIGN COMMDR 204-5400-544.35-51 STREETS 160,827 160,827
BIG THOMPSON FLOOD MITIGATION DESIGN BIGTHF 204-5400-544.35-53 STORM DRAINAGE 550,000 550,000
GRAVES AVE IMPROVEMENT- SCOPE EXPANSION GRAVES 204-5400-544.35-60 WALKWAYS & BIKEWAYS 250,000 250,000
DOWNTOWN WAYFINDING PROJECT - PHASE 1 & 2 WAYFND 204-5400-544.35-63 WAYFINDING SIGNAGE 212,733 212,733
FLAP/RAMP ESTIMATED COSTS FLAP 204-5400-544.36-60 FED GRANT - FLAP 1,500,000 1,500,000
TOWN OF ESTES PARK
BA#7 - FINAL YEAR END AMENDMENTS
SCHEDULE OF BUDGETED PROJECTS
ALL FUNDS
Project Name/Description Project Code ACCOUNT NUMBER ACCOUNT DESCRIPTION 2022 Approved
Budget
Current
Proposed
Amendment
2022 Amended
Budget
TOWN OF ESTES PARK
BA#7 - FINAL YEAR END AMENDMENTS
SCHEDULE OF BUDGETED PROJECTS
ALL FUNDS
*TOTAL COMMUNITY REINVESTMENT FUND 6,779,003 - 6,779,003
Project Name/Description Project Code ACCOUNT NUMBER ACCOUNT DESCRIPTION 2022 Approved
Budget
Current
Proposed
Amendment
2022 Amended
Budget
TOWN OF ESTES PARK
BA#7 - FINAL YEAR END AMENDMENTS
SCHEDULE OF BUDGETED PROJECTS
ALL FUNDS
*
THUMB OPEN SPACE ACQUISITION THMBGO 211-5900-459.31-11 LAND - -
THUMB OPEN SPACE PARKING IMPROVEMENTS THMBPK 211-5900-459.35-61 PARK IMPROVEMENTS 19,000 19,000
*TOTAL CONSERVATON TRUST FUND 19,000 - 19,000
*
THUMB OPEN SPACE ECOLOGICAL ASSESSMENT *THUMB 220-4600-462-22-13 PROF SVCS - CONTRACT/SKILLED SVC 2,080 2,080
THUMB OPEN SPACE ROCK FALL STUDY *THUMB 220-4600-462-22-13 PROF SVCS - CONTRACT/SKILLED SVC 10,000 10,000
BIG THOMPSON RIVER PICNIC AREA (PKG GAR PAVILION) (GOCO PICNIC 220-4600-462.35-61 PARK IMPROVEMENTS 41,094 41,094
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 30,240 30,240
CLIMBING ROCK BIG THOMPSON RIVER PICNIC AREA ROCK 220-4600-462.35-61 PARK IMPROVEMENTS 34,489 34,489
FALL RIVER TRAIL PHASE 1B (MTF GRANT)FRTR1B 220-4600-462.36-60 FALL RIVER TRAIL IMPR 1,806,620 1,806,620
FALL RIVER TRAIL PHASE 2A FRTR2A 220-4600-462.36-60 FALL RIVER TRAIL IMPR - -
FALL RIVER TRAIL PHASE 3 FRTR3 220-4600-462.36-60 FALL RIVER TRAIL IMPR - -
*TOTAL LARIMER COUNTY OPEN SPACE FUND 1,947,023 - 1,947,023
*
POLICE EOC COMPUTER REPL LPTOP3 236-3600-436.26-33 DATA PROCESSING EQUIPMENT - -
*TOTAL EMERGENCY RESPONSE SYSTEM FUND - - -
*
BRODIE TRAIL EXTENSION BRODIE 244-3400-434.35-60 WALKWAYS & BIKEWAYS - -
GRAVES AVE TRAIL (SRT SCHOOL GRANT PROJECT)GRAVES 244-3400-434.35-60 WALKWAYS & BIKEWAYS 999,242 999,242
MACGREGOR TRAIL EXTENSION EVRPMT 244-3400-434-35-60 WALKWAYS & BIKEWAYS 12,500 12,500
FALL RIVER TRAIL FRTRL 244-3400-434.36-60 FALL RIVER TRAIL IMPR 112,390 112,390
FALL RIVER TRAIL PHASE 1A (TAP GRANT)FRTR1A 244-3400-434.36-60 FALL RIVER TRAIL IMPR 1,593,750 1,593,750
FALL RIVER TRAIL PHASE 2B FRTR2B 244-3400-434.36-60 FALL RIVER TRAIL IMPR 491,862 491,862
FALL RIVER TRAIL PHASE 3 FRTR3 244-3400-434.36-60 FALL RIVER TRAIL IMPR - -
*TOTAL TRAILS FUND 3,209,744 - 3,209,744
*
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 48,562 48,562
*TOTAL PARKING SERVICES FUND 51,762 - 51,762
Project Name/Description Project Code ACCOUNT NUMBER ACCOUNT DESCRIPTION 2022 Approved
Budget
Current
Proposed
Amendment
2022 Amended
Budget
TOWN OF ESTES PARK
BA#7 - FINAL YEAR END AMENDMENTS
SCHEDULE OF BUDGETED PROJECTS
ALL FUNDS
*
PINE KNOLLS DR IMPROVEMENTS PKNOLL 260-2000-420.35-51 STREETS 70,462 70,462
WILDFIRE ROAD IMPROVEMENTS WLDFIR 260-2000-420.35-51 STREETS 11,000 11,000
CLEAVE STREET MAJOR REHAB CLEAVE 260-2000-420.35-51 STREETS 305,663 305,663
3RD STREET MAJOR REHAB 3STLR 260-2000-420.35-51 STREETS 604,200 604,200
OVERLAY PROGRAM 2021 OVRLAY 260-2000-420.35-51 STREETS 105,116 105,116
OVERLAY PROGRAM 2022 OVRLAY 260-2000-420.35-51 STREETS 635,000 635,000
PARKING LOT REHABILITATION PARKLT 260-2000-420.35-52 PARKING LOT 11,569 11,569
EP MOBILITY HUB - VISITOR CTR PARKING LOT EPMOBH 260-2000-420.35-52 PARKING LOT 1,287,000 1,287,000
FLAP/RAMP ESTIMATED COSTS FLAP 260-2000-420.36-60 FED GRANT - FLAP - -
*TOTAL STREET FUND 3,030,010 - 3,030,010
*
TRAILBLAZER BROADBAND OFFICE TBNBND 502-7001-580.32-21 BUILDINGS 310,374 310,374
WOODSTOCK FACILITY LANDSCAPING TBNBND 502-7001-580.32-22 BUILDING REMODELING 14,404 14,404
P&C UPSTAIRS REMODEL PROJECT PCUPST 502-7001-580.32-22 BUILDING REMODELING 27,000 27,000
WOODSTOCK OFFICE FURNITURE TBFURN 502-7001-580.33-32 FURNITURE/FIXTURES 44,773 44,773
METERS ELMTR 502-7001-580.33-34 METERS 150,000 150,000
TRANSFORMER & TRIP SAVERS TRANSF 502-7001-580.33-35 TRANSFORMERS 226,680 226,680
SMART METER PURCHASES SMRTEL 502-7001-580.33-36 COMMUNICATION EQUIPMENT 70,000 70,000
VC, REPEATERS, SPARE VC CARDS EQUIP 502-7001-580.33-36 COMMUNICATION EQUIPMENT 10,000 10,000
NONSPECIFIC EQUIPMENT EQUIP 502-7001-580.33-41 TOOLS 40,000 40,000
2 REEL TRAILERS - #93370 & 93371 REELTR 502-7001-580.33-98 OTHER EQUIPMENT 48,000 48,000
3 PHASE REEL TRAILER 933104 502-7001-580.33-98 OTHER EQUIPMENT 130,000 130,000
REPL 2013 JEEP FREEDOM 93313C 502-7001-580.33-98 OTHER EQUIPMENT 36,344 36,344
NEW ONE TON PICKUP 93345 502-7001-580.33-98 OTHER EQUIPMENT 75,000 75,000
REPL 2003 JD 310SG BACKHOE 93328B 502-7001-580.33-98 OTHER EQUIPMENT 140,000 140,000
REPL 2015 CHEV 3500 93338B 502-7001-580.33-98 OTHER EQUIPMENT 75,000 75,000
REPL ONE TON TRUCK WITH TWO 1/2 TON TRUCKS 93319C 502-7001-580.33-98 OTHER EQUIPMENT 45,000 45,000
REPL ONE TON TRUCK WITH TWO 1/2 TON TRUCKS 93335A 502-7001-580.33-98 OTHER EQUIPMENT 45,000 45,000
STREET LIGHTING, POLES & FIXTURES LIGHTS 502-7001-580.35-55 STREET LIGHTS 40,000 40,000
SMART FUSES (INTELLIRUPTER & TRIP SAVERS)SMTFUS 502-7001-580.35-57 POWER LINE CONSTRUCTION 82,030 82,030
LINE REBUILD LRBLDS 502-7001-580.35-57 POWER LINE CONSTRUCTION 248,481 248,481
NEW SERVICE CONNECTIONS WOKEXT 502-7001-580.35-59 CUSTOMER SERVICE LINES 742,451 742,451
SMART GRID FIBER OPTIC INSTALL SMTFBR 502-7001-580.35-66 FIBER OPTIC INSTALL 3,694 3,694
TRAILBLAZER BROADBAND CONSTRUCTION TBNBND 502-7001-580.35-66 FIBER OPTIC INSTALL 9,870,661 9,870,661
TRAILBLAZER BROADBAND CONSTRUCTION - DOLA TBDOLA 502-7001-580.35-66 FIBER OPTIC INSTALL - 1,190,250 1,190,250
GIS MAPPING IMPROVEMENTS GIS18 502-7001-580.37-01 SOFTWARE DEVELOPMENT 104,114 104,114
Project Name/Description Project Code ACCOUNT NUMBER ACCOUNT DESCRIPTION 2022 Approved
Budget
Current
Proposed
Amendment
2022 Amended
Budget
TOWN OF ESTES PARK
BA#7 - FINAL YEAR END AMENDMENTS
SCHEDULE OF BUDGETED PROJECTS
ALL FUNDS
SMART GRID SOFTWARE/MIDDLEWARE DEVELOPMENT SMTGRD 502-7001-580.37-01 SOFTWARE DEVELOPMENT 20,000 20,000
UTILITY BILLING MODERNIZATON PROJECT UBPRTL 502-7001-580.37-01 SOFTWARE DEVELOPMENT 5,000 5,000
*TOTAL POWER & COMMUNICATIONS FUND 12,604,006 1,190,250 13,794,256
*
GLACIER CREEK WTP - DISCHARGE OUT STRUCTURE GCDSCH 503-7000-580.32-22 BUILDING REMODELING 50,000 50,000
BROOK DRIVE WATER SHOP REMODEL (KEARNEY SHOP)KEARNY 503-7000-580.32-22 BUILDING REMODELING 59,555 59,555
GCWTP ENGINEERING FOR INTAKE & PLANT IMPR GCTRET 503-7000-580.32-22 BUILDING REMODELING - -
Project Name/Description Project Code ACCOUNT NUMBER ACCOUNT DESCRIPTION 2022 Approved
Budget
Current
Proposed
Amendment
2022 Amended
Budget
TOWN OF ESTES PARK
BA#7 - FINAL YEAR END AMENDMENTS
SCHEDULE OF BUDGETED PROJECTS
ALL FUNDS
GC DISINFECTION OUTREACH AND VERIFICATION EFFORT GCDOVE 503-7000-580.32-22 BUILDING REMODELING 183,941 183,941
GENERAL OFFICE EQUIPMENT REPLACEMENT EQUIP 503-7000-580.33-32 OFFICE EQUIPMENT 6,000 6,000
METER REPLACEMENT PROJECT SMRTW 503-7000-580.33-34 METERS - -
BOR WATER METER REPLACEMENT PROJECT WUSBOR 503-7000-580-33-34 METERS 183,390 183,390
SCADA UPGRADES AT GLACIER WTP GPSCAD 503-7000-580.33-36 COMMUNICATION EQUIPMENT 57,523 57,523
SCADA VHF REPEATER & RADIOS EQUIP 503-7000-580.33-36 COMMUNICATION EQUIPMENT 90,893 90,893
TOC AUTOSAMPLER & LAPTOP ATSAMP 503-7000-580.33-37 LABORATORY EQUIPMENT 17,000 17,000
STORAGE TANK MIXER WTRMXR 503-7000-580.33-40 PURIFICATION EQUIPMENT 19,150 19,150
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 5,000 5,000
LEAK CORRELATOR EQUIP LEAKCO 503-7000-580.33-98 OTHER EQUIPMENT 30,000 30,000
BULK WATER DISPENSER REPLACEMENT WTRDIS 503-7000-580.33-98 OTHER EQUIPMENT 150,000 150,000
EXCAVATOR & SKID STEER ANNUAL TRADE-INS EQUIP 503-7000-580.33-98 OTHER EQUIPMENT 8,000 8,000
CHEV COLORADO PICKUP 90314 503-7000-580.34-42 TRUCKS 3,345 3,345
JOBSITE UTV 90383 503-7000-580.34-42 TRUCKS 20,000 20,000
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 3,362 3,362
2013 Dodge 3500 90310B 503-7000-580.34-42 TRUCKS 64,000 64,000
2011 FORD EXPLORER REPL 9035B 503-7000-580.34-42 TRUCKS 31,300 31,300
2012 FORD F-350 4X4 REPL 9036B 503-7000-580.34-42 TRUCKS 59,700 59,700
PROSPECT MTN WATER DIST - LOAN IMPROVEMENTS PMLOAN 503-7000-580.35-54 WATER SYSTEM 10,589,145 10,589,145
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 79,048 79,048
CIP ROCKWELL/WEST RIVERSIDE DR 16" MAIN ROCKWL 503-7000-580.35-54 WATER SYSTEM 95,053 95,053
CIP BUREAU AREA PHASE 4 WTBRP4 503-7000-580.35-54 WATER SYSTEM 2,169,176 2,169,176
ACACIA 4" ABANDONMENT ACACA4 503-7000-580.35-54 WATER SYSTEM 29,000 29,000
1360 BROOK DRIVE WATER SHOP WATERLINE (KEARNEY SHOP)KEARNY 503-7000-580.35-54 WATER SYSTEM - -
PARKING STRUCTURE WATERLINE PKGWTR 503-7000-580.35-54 WATER SYSTEM - -
BIG HORN DR WATER MAIN REPL BHWTRM 503-7000-580.35-54 WATER SYSTEM - -
SPRUCE DRIVE WATER MAIN REPL SPWTRM 503-7000-580.35-54 WATER SYSTEM - -
DEVILS GULCH WATER LINE EXTENSION DEVEXT 503-7000-580.35-54 WATER SYSTEM - -
GC DISINFECTION OUTREACH AND VERIFICATION EFFORT GCDOVE 503-7000-580.35-54 WATER SYSTEM 10,043,300 10,043,300
CARRIAGE DRIVE WATER MAIN REPL CAHILL 503-7000-580.35-54 WATER SYSTEM 271,079 271,079
YMCA/THUNDER MOUNTAIN PUMP HOUSE THRMTN 503-7000-580.35-54 WATER SYSTEM 217,798 217,798
THUNDER MOUNTAIN TANK FIBER PMTANK 503-7000-580.35-54 WATER SYSTEM 52,000 52,000
ROCK GRIZZLY DIRT SCREEN RCKGRZ 503-7000-580.35-54 WATER SYSTEM 21,000 21,000
Project Name/Description Project Code ACCOUNT NUMBER ACCOUNT DESCRIPTION 2022 Approved
Budget
Current
Proposed
Amendment
2022 Amended
Budget
TOWN OF ESTES PARK
BA#7 - FINAL YEAR END AMENDMENTS
SCHEDULE OF BUDGETED PROJECTS
ALL FUNDS
UTILITY MASTER PLAN WTRMPL 503-7000-580.35-62 UT SYSTEM MASTER PLAN 300,000 300,000
WTR RISK ASSESSMT & EMERG RESPONSE PLAN UPDATE WTREMG 503-7000-580.35-62 UT SYSTEM MASTER PLAN 69,024 69,024
GIS WORK WTRGIS 503-7000-580.37-01 SOFTWARE DEVELOPMENT 19,725 19,725
CIP USA WATER RIGHTS WITH BOR WTRRBR 503-7000-580.37-10 WATER RIGHTS 31,797 31,797
WATER RIGHT ACQUISITION/RENEWAL WTRRIT 503-7000-580.37-10 WATER RIGHTS 40,000 40,000
*TOTAL WATER FUND 25,266,775 - 25,266,775
Project Name/Description Project Code ACCOUNT NUMBER ACCOUNT DESCRIPTION 2022 Approved
Budget
Current
Proposed
Amendment
2022 Amended
Budget
TOWN OF ESTES PARK
BA#7 - FINAL YEAR END AMENDMENTS
SCHEDULE OF BUDGETED PROJECTS
ALL FUNDS
*
PURCH WATER SHOP FOR NEW FLEET MAINT FAC FLSHOP 612-7000-610.32-21 BUILDINGS 400,000 400,000
DESIGN FOR REMODEL OF WATER SHOP FOR PW FLSHOP 612-7000-610.32-22 BUILDING REMODELING 158,143 158,143
ELECTRIC TROLLEY FACILITY & CHG STATION ELTRCH 612-7000-610.32-22 BUILDING REMODELING 622,780 622,780
*TOTAL FLEET MAINTENANCE FUND 1,180,923 - 1,180,923
*
DELL SERVERS & 10 G SWITCHES & NAS STORAGE NETWRK 625-2500-425.33-98 OTHER EQUIPMENT 89,000 89,000
MPEC SERVER ROOM AC UNIT ACMPEC 625-2500-425.33-98 OTHER EQUIPMENT 17,500 17,500
*TOTAL INFORMATION TECHNOLOGY FUND 106,500 - 106,500
*
POLICE G-155 CRUISER REPLACEMENT G-155A 635-7000-435.34-42 TRUCKS 64,000 64,000
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
POLICE CRUISER REPL G142A 635-7000-435.34-42 TRUCKS 70,000 70,000
POLICE CRUISER REPL G148A 635-7000-435.34-42 TRUCKS 70,000 70,000
POLICE CRUISER REPL G71C 635-7000-435.34-42 TRUCKS 70,000 70,000
PARKS FORD RANGER PICKUP G45C 635-7000-435.34-42 TRUCKS 30,000 30,000
PARKS 4X4 UTILITY VEHICLE G114B 635-7000-435.34-42 TRUCKS 16,000 16,000
PARKS 4X4 UTILITY VEHICLE G128A 635-7000-435.34-42 TRUCKS 16,000 16,000
PARKS VANTAGE CART REPLACEMENT G202A 635-7000-435.34-42 TRUCKS 15,288 15,288
*TOTAL VEHICLE REPLACEMENT FUND 793,332 - 793,332
*
*TOTAL PROJECT RECAP 56,792,559$ 1,190,250$ 57,982,809$
1
PROCEDURE FOR LAND USE PUBLIC HEARING
Applicable items include: Annexation, Amended Plats, Boundary Line Adjustments, Development
Plans, Rezoning, Special Review, Subdivision
1. MAYOR.
The next order of business will be the public hearing on ACTION ITEM 2 –
ORDINANCE 19-22 RIGHT-OF-WAY VACATION, PINE ROAD PLATTED WITHIN
THE JAMES-MCINTYRE SUBDIVISION, 1630 FALL RIVER ROAD, BRIAN HANSEN,
HANSEN AND DALE RESORTS LLC/APPLICANT.
At this hearing, the Board of Trustees shall consider the information
presented during the public hearing, from the Town staff, from the
Applicant, public comment, and written comments received on the
application.
Has any Trustee had any ex-parte communications concerning this
application(s) which are not part of the Board packet.
Any member of the Board may ask questions at any stage of the public
hearing which may be responded to at that time.
Mayor declares the Public Hearing open.
2. STAFF REPORT.
Review the staff report.
Review any conditions for approval not in the staff report.
3. APPLICANT.
The applicant makes their presentation.
4. PUBLIC COMMENT.
Any person will be given an opportunity to address the Board concerning the
application. All individuals must state their name and address for the record.
Comments from the public are requested to be limited to three minutes per
person.
5. REBUTTAL.
The applicant will be allowed a rebuttal that is limited to or in response to
statements or questions made after their presentation. No new matters may
be submitted.
2
6. MAYOR.
Ask the Town Clerk whether any communications have been received in regard
to the application which are not in the Board packet.
Ask the Board of Trustees if there are any further questions concerning the
application.
Indicate that all reports, statements, exhibits, and written communications
presented will be accepted as part of the record.
Declare the public hearing closed.
Request Board consider a motion.
7. SUGGESTED MOTION.
Suggested motion(s) are set forth in the staff report.
8. DISCUSSION ON THE MOTION.
Discussion by the Board on the motion.
9. VOTE ON THE MOTION.
Vote on the motion or consideration of another action.
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jeffrey Woeber, Senior Planner
Date: December 13, 2022
RE: Ordinance 19-22, Right-of-Way Vacation, Pine Road Platted Within the James-
McIntyre Subdivision, 1630 Fall River Road, Brian Hansen, Hansen and Dale
Resorts LLC, Applicant
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
The Applicant is requesting an ordinance to vacate a platted, but unconstructed Right-of-Way.
Present Situation:
The Applicant recently submitted the “Dream View Development Plan” to add 11 Accommodations
Units and related improvements to the subject property, located at 1630 Fall River Road, and is in
the A (Accommodations) Zoning District. Planning staff reviewed the application and determined
that there were parking improvements proposed within the area of the platted Pine Road Right-of-
Way. Pine Road was dedicated to the public with the James-McIntyre Subdivision, and the plat is
recorded with the Larimer County Clerk and Recorder at Book 6, Page 8, on 02/24/1947, but it was
never constructed.
An excerpt of the James-McIntyre plat with Pine Road extending along the eastern edge of Lot 1 is
attached. Staff notes Lot 6 is under the same ownership as Lot 1, with both lots under one
Assessor’s Tax Parcel number. The Dream View Development Plan proposes development only
on Lot 1.
Proposal:
Town staff have determined Pine Road is not needed as a Town Street, and should be vacated in
order for the applicant to utilize a portion of the Right-of-Way for proposed development. The
vacation requires approval by the Town Board by ordinance.
Memo
COMMUNITY DEVELOPMENT
Advantages:
• Vacating the Right-of-Way will not cause any land to be without access to an established
public road.
• The proposed vacation removes a platted Right-of-Way that will not be used or constructed,
providing more useable development area for the property owner.
Disadvantages:
• No disadvantages have been identified.
Action Recommended:
Staff recommends approval to vacate Pine Road.
Budget:
N/A
Level of Public Interest:
Low. As of November 23, 2022 no comments have been received regarding the proposed Right-
of-Way vacation.
Recommended Motion:
I move to approve/deny Ordinance 19-22.
Attachments:
1. Ordinance 19-22
2. Exhibit A, Right-of-Way Vacation
3. Vicinity Map
4. Statement of Intent
5. Application
6. Excerpt From Plat
ORDINANCE NO. 19-22
AN ORDINANCE VACATING THE PINE ROAD RIGHT OF WAY, PLATTED WITHIN
THE JAMES-MCINTYRE SUBDIVISION
WHEREAS, the applicant, Brian Hansen, Hansen and Dale Resorts LLC, has
requested that the Town vacate Pine Road, a platted right-of-way; and
WHEREAS, the Town of Estes Park Community Development Department has
determined it is necessary to vacate the right-of-way in order to facilitate the Dream
View Development Plan project located at 1630 Fall River Road; and
WHEREAS, Pine Road was platted but was never constructed, and is not
needed for access or for the Town’s street system; and
WHEREAS, the Board of Trustees has determined that it is in the best interest of
the Town to permanently vacate platted Pine Road as more fully set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS:
Section 1: The Board of Trustees of the Town of Estes Park, Colorado hereby
vacates Pine Road as set forth on Exhibit A. The Town Administrator or designee shall
record this Ordinance with the County Clerk and Recorder.
Section 2: This Ordinance shall take effect and be enforced thirty (30) days
after its adoption and publication by title.
PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park,
Colorado, this day of , 2022.
TOWN OF ESTES PARK, COLORADO
By:
Mayor
ATTEST:
Town Clerk
I hereby certify that the above Ordinance was introduced at a regular meeting of the
Board of Trustees on the day of , 2022 and published by
title in a newspaper of general circulation in the Town of Estes Park, Colorado, on the
________ day of , 2022, all as required by the Statutes of the State of
Colorado.
Town Clerk
APPROVED AS TO FORM:
Town Attorney
ATTACHMENT 1
PINE ROAD RIGHT-OF-WAY (AS SHOWN ON THE
PLAT OF RECORD FOR JAMES-MCINTYRE
SUBDIVISION, RECEPTION #577360)
POINT OF BEGINNING
www.trailridgece.com
970-308-8221
dbangs@trailridgece.com2191 LARKSPUR AVENUE, ESTES PARK, CO 80517
1
PINE ROAD RIGHT-OF-WAY VACATION
EXHIBIT A
SCALE: 1" = 40'
80'40'0
BOARD OF TRUSTEES CERTIFICATE
APPROVED AND ACCEPTED BY THE BOARD OF TRUSTEES OF THE TOWN
OF ESTES PARK, COLORADO, ON THE ____ DAY OF ______________, 2022
________________________________________________________________
TOWN CLERK MAYOR
LEGAL DESCRIPTION
A PARCEL OF LAND DEPICTED AS "PINE ROAD" ON THE PLAT OF
JAMES-MCINTYRE SUBDIVISION, RECORDED AT RECEPTION #577360 OF
THE LARIMER COUNTY RECORDS, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
CONSIDERING THE EAST LINE OF "PINE ROAD" ON THE PLAT OF
JAMES-MCINTYRE SUBDIVISION TO BEAR N00°36'E WITH ALL BEARINGS
CONTAINED HEREON RELATIVE THERETO:
BEGINNING AT THE SOUTHWEST CORNER OF SAID "PINE ROAD",
JAMES-MCINTYRE SUBDIVISION: THENCE N77°52'E, 30.00'; THENCE N00°36'E,
466.67' MORE OR LESS TO THE SOUTH RIGHT-OF-WAY LINE FOR FALL
RIVER ROAD (U.S. 34); THENCE ALONG SAID RIGHT-OF-WAY LINE S77°52'W,
30.00', THENCE LEAVING SAID RIGHT-OF-WAY LINE S00°36'W, 466.67' MORE
OR LESS TO THE POINT OF BEGINNING.
SAID AREA CONTAINING 13,655.8 S.F. MORE OR LESS, AND SUBJECT TO ALL
EXISTING EASEMENTS AND RIGHTS OF WAY OF RECORD, TOWN OF ESTES
PARK, COUNTY OF LARIMER, STATE OF COLORADO
RIGHT-OF-WAY
VACATION EXHIBIT A PINE ROAD
ATTACHMENT 2
Pine Road(To Be Vacated)
Fall Riv
e
r
Fall River
F A L L R I V E R R D
WELKHORN
AV
E
FALL
R
I
V
E
R
LN
WWONDERVIEWAVE
ELM
R
D
OLDR A N G E R D R
SLEEPYHOLLOW C T
CASTLEMOUNTAIN R D
-
Vicinity MapROW VacationPine Road
ATTACHMENT 3
PAGE 1 OF 2
October 19, 2022
Community Development Department
Town of Estes Park
970-577-3729
RE: Statement of Intent for Pine Road Right-Of-Way Vacation
To Whom it May Concern:
Trail Ridge Consulting Engineers, LLC is pleased to submit this Application for Right of Way (ROW)
Vacation on behalf of the owners of the property located at 1630 Fall River Road. This letter is to serve
as the Statement of Intent for the proposed project. Please refer to the Right of Way Vacation Exhibit
submitted herewith for specific details regarding the proposed project.
Project Information
The subject property is located adjacent to 1630 Fall River Road with approximately 0.32 acres of land
area. This portion of Town owned ROW was discovered during survey and title research for a proposed
development of 1630 Fall River Rd. This portion of ROW has not historically or currently been used by
the public. The ROW vacation request is for the portion of ROW measuring approximately 30’ x 466’ to
be merged to 1630 Fall River Rd.
Compliance with General Development and Subdivision Standards
Zoning District Standards:
Zoning is to remain unchanged. ROW will be merged to existing lot, zoned A-Accommodations
ATTACHMENT 4
PAGE 2 OF 2
Transportation:
Transportation impact will not be affected by ROW vacation.
Electric- Town of Estes Park
Existing electric to be buried during proposed development. The proposed vacated ROW will not affect
existing electric services. Easements can be provided as needed.
Water- Town of Estes Park
The proposed vacated road will not affect existing water services.
Sewer- Upper Thompson Sanitation District
The proposed ROW vacation will not affect existing sewer services.
Natural Gas- Xcel Energy
The proposed ROW vacation will not affect existing gas services.
Communications/Broadband- TDS or Century Link
The proposed ROW vacation will not affect existing communications services
Access
The ROW vacation will include the entire 30’ X 466’ area to be merged with 1630 Fall River Rd. Access to
existing public right of way along Fall River will not be affected.
We thank you for time and consideration of the requested ROW vacation. If there are any questions
about the project or items discussed above, please do not hesitate to contact me at 970-308-8221.
Sincerely,
David Bangs, P.E.
Principal Engineer
Trail Ridge Consulting Engineers, LLC
Revised 2020.04.23 ks
Condominium Map
Preliminary Map
Final Map
Pre-App
Development Plan
Special Review
Preliminary Subdivision Plat
Final Subdivision Plat
Minor Subdivision Plat
Amended Plat
Project Description
Lot Size Area of Disturbance in Acres
Proposed Land Use
Town Well None
T own Well None
Existing Sanitary Sewer Service EPSD UTSD Septic None
Proposed Sanitary Sewer Service EPSD UTSD Septic
Is a sewer lift station required?Yes No
Existing Gas Service Other None
Existing Zoning Proposed Zoning
Are there wetlands on the site?Yes No
Site staking must be completed at the time application is submitted. Complete?Yes No
Name of Primary Contact Person
Complete Mailing Address
Primary Contact Person is Owner Applicant Consultant/Engineer
Existing Land Use
Existing Water Service
Attachments
Proposed Water Service
Site Access (if not on public street)
Please review the Estes Park Development Code Appendix B for additional submittal requirements, which
may include ISO calculations, drainage report, traffic impact analysis, geologic hazard mitigation report,
wildfire hazard mitigation report, wetlands report, and/or other additional information.
Project Address
Parcel ID #
Legal Description
General Information
Boundary Line Adjustment
ROW or Easement Vacation
Street Name Change Time
Rezoning Petition
Annexation Request
Extension
Other: Please specify
Project Name
Supplemental Map
ESTES PARK PLANNING DEPARTMENT
APPLICATION
Type of Application
Submittal Date:
Site Information
Application fee
Statement of intent
2 copies (folded) of plat or plan
11" X 17" reduced copy of plat or plan
Xcel
Primary Contact Information
Community Development Department Phone: (970) 577-3721 Fax: (970) 586-0249 www.estes.org/CommunityDevelopment
Town of Estes Park P.O. Box 1200 170 MacGregor Avenue Estes Park, CO 80517
Other (specify)
Other (specify)
Digital Copies of plats/plans in TIFF or PDF format emailed to
planning@estes.org
PLEASE CHECK ONLY ONE BOX
Sign Purchase ($10)
ATTACHMENT 5
Revised 2020.04.23 ks
Consultant/Engineer
PLEASE PRINT:
PLEASE PRINT:
Date
DateApplicant
Record Owner
Applicant
Fax
Names:
Email
Article 65.5 of Title 24 of the Colorado Revised Statutes requires applicants for Development Plans, Special Reviews,
Rezoning, Preliminary and Final Subdivision Plats, Minor Subdivision Plats if creating a new lot, and Preliminary and Final
Condominium Maps to provide notice of the application and initial public hearing to all mineral estate owners where the surface
estate and the mineral estate have been severed. This notice must be given 30 days prior to the first hearing on an application
for development and meet the statutory requirements.
Phone
Cell Phone
Mailing Address
Applicant
Fax
Phone
Email
Contact Information
Phone
Cell Phone
Cell Phone
Mailing Address
Mailing Address
Record Owner(s)
Email
Signatures:
Fax
I hereby certify that the provisions of Section 24-65.5-103 CRS have been met.
MINERAL RIGHT CERTIFICATION
APPLICATION FEES
For development within the Estes Park Town limits See the fee schedule included in
your application packet or view the fee schedule online at
www.estes.org/planningforms
All requests for refunds must be made in writing. All fees are due at the time of submittal.
Record Owner
Revised 2020.04.23 ks
►
►
►
►
►
►
►
►
►
PLEASE PRINT:
PLEASE PRINT:
Date
Date
APPLICANT CERTIFICATION
I understand that this proposal may be delayed in processing by a month or more if the information provided is
incomplete, inaccurate, or submitted after the deadline date.
I understand that acceptance of this application by the Town of Estes Park for filing and receipt of the application fee by
the Town does not necessarily mean that the application is complete under the applicable requirements of the EPDC.
http://www.estes.org/DevCode
Record Owner
Applicant
Signatures:
I grant permission for Town of Estes Park Employees and Planning Commissioners with proper identification access to
my property during the review of this application.
I acknowledge that I have received the Estes Park Development Review Application Schedule and that failure to meet
the deadlines shown on said schedule may result in my application or the approval of my application becoming null and
void. I understand that full fees will be charged for the resubmittal of an application that has become null and void.
I understand that a resubmittal fee will be charged if my application is incomplete.
The Community Development Department will notify the applicant in writing of the date on which the application is
determined to be complete.
Record Owner
Applicant
I hereby certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge
and that in filing the application I am acting with the knowledge and consent of the owners of the property.
Names:
In submitting the application materials and signing this application agreement, I acknowledge and agree that the
application is subject to the applicable processing and public hearing requirements set forth in the Estes Park
Development Code (EPDC).
I acknowledge that I have obtained or have access to the EPDC, and that, prior to filing this application, I have had the
opportunity to consult the relevant provisions governing the processing of and decision on the application.
The Estes Park Development Code is available online at:
Excerpt from James-McIntyre Subdivision Plat
FALL RIVER ROAD PINE ROAD
(TO BE VACATED)
ATTACHMENT 6
12/14/2022
1
Town Board Hearing, December 13, 2022
Right-of-Way Vacation
Proposal to vacate Pine Road, platted in 1947
Road is not constructed and not needed for
access
Hansen and Dale Resorts, LLC, Brian Hansen
(Owner/Applicant)
1630 Fall River Road
2
1
2
12/14/2022
2
R.O.W. to be vacated for Dream View Development Plan
4
Excerpt
from
James-
McIntyre
Subdivision
Plat
3
4
12/14/2022
3
5
Advantages:
Vacating Pine Road will not cause any land
to be without access
The Vacation removes a platted r.o.w. that
will not be used or constructed, providing a
more useable development area for the
property owner.
Disadvantages:
No disadvantages have been identified.
Recommendation: Staff recommends approval of
the Vacation and Ordinance.
5
PROCEDURE FOR PUBLIC HEARING
Applicable items include: Rate Hearings, Code Adoption, Budget Adoption
1.MAYOR.
The next order of business will be the public hearing on ACTION ITEM 3 –
ORDINANCE 20-22 AMENDING THE ESTES PARK MUNICIPAL CODE
SECTION 5.20 REGARDING BUSINESS LICENSES.
At this hearing, the Board of Trustees shall consider the information
presented during the public hearing, from the Town staff, public comment,
and written comments received on the item.
Any member of the Board may ask questions at any stage of the public
hearing which may be responded to at that time.
Mayor declares the Public Hearing open.
2.STAFF REPORT.
Review the staff report.
3.PUBLIC COMMENT.
Any person will be given an opportunity to address the Board concerning the
item. All individuals must state their name and address for the record.
Comments from the public are requested to be limited to three minutes per
person.
4.MAYOR.
Ask the Town Clerk whether any communications have been received in regard
to the item which are not in the Board packet.
Ask the Board of Trustees if there are any further questions concerning the item.
Indicate that all reports, statements, exhibits, and written communications
presented will be accepted as part of the record.
Declare the public hearing closed.
Request Board consider a motion.
7.SUGGESTED MOTION.
Suggested motion(s) are set forth in the staff report.
8. DISCUSSION ON THE MOTION.
Discussion by the Board on the motion.
9. VOTE ON THE MOTION.
Vote on the motion or consideration of another action.
*NOTE: Ordinances are read into record at the discretion of the Mayor as it is not required
to do so by State Statute.
TOWN CLERK OFFICE Memo
To: Mayor Koenig
Board of Trustees
Through: Travis Machalek, Town Administrator
From: Jackie Williamson, Town Clerk
Dan Kramer, Town Attorney
Date: December 13, 2022
RE: Ordinance 20-22 Amending the Estes Park Municipal Code Section 5.20
Regarding Business Licenses
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER
QUASI-JUDICIAL YES NO
Objective:
To consider adoption of Ordinance 20-22 to address changes to the municipal code
related to business licensing such as removing proration for newly opened license
accounts after July 1st each year, adding a definition and regulations for
timeshare/fractional ownership of a residential unit, adding and/or clarifying regulations
for the transfer process of vacation homes, and adding a fee to the transfer the license
and for reapplications.
Present Situation:
The Municipal Code currently outlines that the business license fee is prorated for a
new application submitted after July 1st. For example, the annual business license is
$50 for general licenses and the prorated fee is $25. The Town Clerk’s office has
experienced a significant increase in the number of new businesses submitting the full
fee for applications submitted after July 1st. This requires additional staff time to refund
the overpayment of $25, including the Town Clerk’s staff producing a check request
refund and Finance processing and sending the refund check, leading to well over $25
in staff time.
At the Town Board’s November 8, 2022 study session, staff presented information on
a new form of timeshare/fractional ownership that provides a group of individuals the
opportunity to co-own high-end homes. As stated during the meeting, this type of
ownership presents an alternative to owning and operating a short-term rental property,
thereby eliminating the impact of the current residential cap on vacation homes. Other
mountain communities in Colorado on the western slope have begun to see this type of
ownership and have experienced regulatory issues similar to those the Town has
outlined for vacation homes. Staff recommended the Board consider code language
that would address the new ownership model and treat such properties as vacation
homes in the licensing process.
Additional clarification is needed in the vacation home business license regulations for
the transfer of eligible properties, including clarification that a vacation home may
continue to operate so long as a complete application has been submitted to the Town
Clerk’s office. With the submittal of the transfer application the Town Clerk’s office
issues a full registration packet and completes the licensing process which is
substantially similar to a new application, therefore, staff recommends a transfer fee in
the amount of a new/renewal fee. The workforce housing regulatory linkage fee is not
required for a transfer so long as it was paid during the renewal of the license by
January 31st of any given year.
Applications for commercially zoned vacation homes commonly do not complete the
application process within the timelines outlined in the municipal code. As there is no
cap for commercially zoned properties, the property owners are able to reapply and
start a new timeline creating an additional workload on staff. The current code does not
provide for a new fee to be charged to cover the additional staff time. A reapplication
fee has been introduced by staff in addition to the initial application fee.
Proposal:
The proposed ordinance addresses the items outlined above as follows:
•Includes a definition for timeshare/fractional ownership and identifies them as
vacation homes regardless of the occupancy length, thereby requiring them to be
licensed, so long as they are structured so that the occupants change over at
least four times per year. We expect that basing the definition on intended
turnover frequency rather than occupancy length will make compliance easier to
monitor.
•Removes the proration of new business license fees for any new business,
profession, occupation or accommodation. The annual fee will be collected
regardless of when a business starts operating.
•Adds a reapplication fee equivalent to the annual business license fee for
applications that do not complete the process by the deadlines set in the code.
•Outlining a property undergoing a transfer that has timely filed the application to
transfer may continue to operate during the processing and issuance of the
license to the new owners.
•A notable miscellaneous update includes the establishment of a fine for operating
a vacation home without the proper license equal to the maximum fine amount
permissible, i.e. $2,650.
Advantages:
•Provide a definition for timeshare/fractional properties and define them as vacation
homes requiring them to be licensed as such.
•Streamline the licensing fee to simplify the licensing process and eliminate additional
staff time to issue refunds.
•Provide an incentive to commercially zoned property owners to complete the initial
licensing process by establishing a reapplication fee.
•Recover the staff time for the processing of transfer applications.
•Addressing housekeeping items will provide additional clarity within the vacation
home regulations for both the property owner and staff.
Disadvantages:
•The proposed changes will create additional fees for property owners for
reapplications and transfer applications.
Action Recommend:
Approval of Ordinance 20-22 to amend Section 5.20.
Finance/Resource Impact:
Cost to codify the amended Municipal Code and additional revenue generated from
reapplication and transfer fees.
Level of Public Interest
Medium. Vacation homeowners, property managers, and neighboring properties have a
strong interest in amendments to the regulations for vacation homes.
Sample Motion:
I move to approve/deny Ordinance 20-22.
Attachments:
1.Ordinance 20-22
2.Exhibit A
ORDINANCE NO. 20-22
AN ORDINANCE AMENDING SECTION 5.20 OF THE ESTES PARK MUNICIPAL
CODE REGARDING BUSINESS LICENSES
WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado has
determined that it is in the best interest of the Town to amend certain sections of the
Municipal Code of the Town of Estes Park, Colorado to clarify and update business
license regulations and procedures.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS:
Section 1: Chapter 5.20 of the Municipal Code of the Town of Estes Park is hereby
amended, by adding underlined materials and deleting stricken materials, as set forth on
Exhibit A. Ellipses indicate material not reproduced as the Board intends to leave that
material in effect as it now reads.
Section 2: This Ordinance shall take effect and be enforced thirty (30) days after
its adoption and publication.
PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park,
Colorado this ____ day of _______________, 2022.
TOWN OF ESTES PARK, COLORADO
By:
Mayor
ATTEST:
Town Clerk
I hereby certify that the above Ordinance was introduced at a regular meeting of the Board
of Trustees on the day of , 2022 and published by title in a
newspaper of general circulation in the Town of Estes Park, Colorado, on the day of
, 2022, all as required by the Statutes of the State of Colorado.
Town Clerk
APPROVED AS TO FORM:
Town Attorney
ATTACHMENT 1
Title 5
Business Regulations and Licenses
Chapter 5.20 Business Licenses
. . .
5.20.020 Definitions.
In this Chapter, the following words and phrases shall have the following meanings:
. . .
Timeshare/fractional ownership means a residential dwelling unit that is subject to or operates
under any arrangement, plan, or design whereby occupancy rights to the dwelling unit are
segmented over time, and the rights of occupancy by owners, lessees or holders (regardless of the
form of ownership or the form in which the right to occupy is expressed) are recurring, either on a
fixed schedule or a floating schedule, such that in any one year a change or turnover of occupancy
may occur four or more times.
Vacation home means a residential dwelling unit that is rented, leased or occupied for
accommodation purposes for compensation for terms of less than thirty (30) days, and includes any
timeshare/fractional ownership without regard to occupancy length.
. . .
5.20.040 Business license requirements.
Every person who is the owner of any business, profession, occupation or accommodation,
including owners of multiple businesses at separate physical locations, shall obtain a business license
from the Town as follows:
(1)A business license shall be obtained prior to engaging in any business, profession, occupation
or accommodation within the Town.
(2)The owner shall complete all forms and provide all information required by the Town Clerk for
obtaining a business license.
(3)The owner, if required, shall complete an Affidavit of Lawful Presence and present valid
identification required by Section 24-76.5-101, et seq., C.R.S., or any regulation of the State
promulgated thereto.
(34)The owner shall complete and/or provide all documentation and information required by the
State and/or the United States for the issuance of a business license.
(45)If the business is required to have a sales tax license by Colorado Law, the owner shall provide
a copy of a current Colorado sales tax license.
. . .
5.20.060 Payment of license fee.
The owner of each business, profession, occupation or accommodation subject to the provisions of
this Chapter shall pay the business license fee for each calendar year in which the owner engages in any
business, profession, occupation or accommodation within the Town as follows:
EXHIBIT A
ATTACHMENT 2
(1)Full payment is required on or before January 31 of each calendar year. Payments received
after January 31 of each calendar year will be assessed a penalty of two hundred dollars
($200.00) in addition to the licensing fee.
(2)Any new business, profession, occupation or accommodation which begins its business on or
after January 1 and on or before June 30 shall pay the full amount of the business license fee.
Any new business, profession, occupation or accommodation which begins its business on or
after July 1 and on or before December 31 shall pay one-half (½) of the business license fee.
All business license fees subject to this Subsection (2) shall be due and payable upon
submittal of an application to the Town Clerk's office.
(3)In the event any existing business license is not renewed in the subsequent calendar year on
or before January 31, the business license shall be deemed to have lapsed. A new business
license fee in full must be paid by the owner. There shall be no proration of this business
license fee.
(4)In the event that a nonsufficient funds (NSF) check is received, a twenty-dollar ($20.00) fee will
be added to the account.
. . .
5.20.110 Additional provisions for vacation homes and bed and breakfast inns.
(a) Business license application requirements.
(1) A business license for a vacation home or a bed and breakfast inn has also been known as an
annual operating registration or an operating permit. All such terms refer to the same approval,
which is a license from the Town to conduct such activities, valid for a single year.
(2)Local representative.
a.Vacation homes. The application for a business license for any vacation home shall
designate a local resident or local property manager residing within either the Estes
Valley Recreation and Park District boundary or the Estes Park School District R-3
boundary, who can be contacted by telephone and is available when the vacation home
is rented, regarding any violation of the provisions of this Section. The person set forth on
the application shall be the representative of the owner for immediate violation resolution
purposes with regard to the operation of the vacation home. The local representative may
be the same person as the property owner but shall provide a different address than the
vacation home where the homeowner shall reside while the vacation home operates.
b. Bed and breakfast inns. The application for a business license for any bed and breakfast
inn shall designate the resident owner or on-site manager residing on the premises who
can be contacted and is on the property twenty-four (24) hours per day when the bed and
breakfast is in operation, regarding any violation of the provisions of this Section. The
person set forth on the application shall be the representative of the owner for immediate
violation resolution purposes with regard to the bed and breakfast inn.
(3)Acknowledgment of regulations. A business license for a vacation home or bed and breakfast
inn shall not be valid unless the property owner, and the designated local contact described in
paragraph (2), above (if different), sign the business license application acknowledging all
applicable vacation home or bed and breakfast inn regulations.
(4)Registration License completion deadline. The Town Clerk issues registration packets upon
finding that the business license application form is complete and, if the property is in a
residential zone, that the property is eligible to proceed from any waitlist to licensure, based on
the cap described in subsection (b), below. All requirements of the rRegistration packets,
including successful completion of all required inspections, must be completed and submitted
within ninety (90) days from issuance of the packet from the Town Clerk, except for the life
safety inspection as described in paragraph (8) below. Registration packets not submitted and
complete, as determined by the Town Clerk, within those ninety (90) days shall be void, as
shall be the application itself. A new application may be made if this Section allows.
a.Reapplication Fee. Where a home has been the subject of a void application for lapse of
this ninety (90) day deadline, and another application is submitted for the same home
within two years of the lapse, in addition to the license fee a reapplication fee must be
submitted with the reapplication which shall be equivalent to the business license fee for
the vacation home or bed and breakfast inn as enumerated in section 5.20.030, but not
including the vacation home workforce housing regulatory linkage fee.
(5)No more than one (1) business license shall be issued and effective in any given calendar year
for each vacation home or bed and breakfast inn.
(6)State sales tax license. A condition of issuance of the license shall be proof of a current sales
tax license, provided by the applicant.
(7)Initial cCompliance inspection. To be issued a new license, a vacation home or bed and
breakfast inn must first undergo and pass an initial compliance inspection to ensure
compliance with this Code and the regulations of the Development Code.
(8)Life safety inspection.
a.Requirement. To be issued a new license, a vacation home or bed and breakfast inn
must first undergo and pass a life safety inspection or other required building inspection,
as applicable, and receive a certificate of occupancy that allows for such use, such as
described in Section 14.12.025 of this Code, section R327 of the International Residential
Code as amended.
b.Deadlines. If no such certificate of occupancy has been issued at the time the Town Clerk
issues the registration packet as described in paragraph (4) above, the following
deadlines shall apply:
1.The applicant must request the life safety inspection building permit from the
Building Division, in the form and manner set by the division, within thirty (30) days
of the issuance of the registration packet from the Town Clerk.
2.Upon issuance of the life safety inspection building permit, the applicant must
complete an initial life safety inspection within thirty (30) days.
3.The applicant must complete and pass a final life safety inspection and obtain a
certificate of occupancy that allows for the proposed use within ninety (90) days of
the initial life safety inspection.
c.Lapse. Failure to meet any of these deadlines shall automatically cause the application to
lapse, and be void. A new application may be made if this Section allows.
1.Reapplication Fee. Where a home has been the subject of such a lapse, and
another application is submitted for the same home within two years of the lapse, in
addition to the license fee a reapplication fee must be submitted with the
reapplication which shall be equivalent to the business license fee for the vacation
home or bed and breakfast inn as enumerated in section 5.20.030, but not including
the vacation home workforce housing regulatory linkage fee.
d.Early inspection. Nothing in this Section shall prevent an applicant from requesting,
undergoing, or completing the life safety inspection or receiving the necessary certificate
of occupancy before the application is made or the registration packet is issued.
(9)Neighbor notification. Prior to issuance of the an initial or transferred annual business license
for a vacation home or bed and breakfast inn, the owner or local representative shall be
responsible for mailing a written notice.
a.Notice shall be mailed, with certificate of mailing or other method as approved by staff, to
the owners of properties within one hundred (100) feet of the boundary of the subject
property.
b.Notices shall provide property address and 24/7 hotline phone number.
c.Proof of mailing shall be provided to the Town Clerk prior to issuance of an initial or
transferred annual business license.
. . .
(c)Transfer of business licenses and changes to local representatives.
(1)Transfer.
a.Transferable licenses. An active license for a specific vacation home or bed and
breakfast inn that is not residentially zoned or that has been operating continuously (by
new license, renewal, including any or approved transfer) under the required license
since prior to the October 18, 2021 effective date of Ordinance 13-21 of the Town of
Estes Park shall be transferable to a different owner in accordance with procedures in
this Code, including paragraph (3) below, and in the form and manner established by the
Town Clerk's Office.
b.Other licenses. Licenses for vacation homes and bed and breakfast inns not addressed in
subparagraph (a) above are not transferrable to any person upon sale or other transfer of
ownership of the property. Upon such sale or transfer of ownership, the license shall
terminate automatically and the new owner of the property shall apply for a vacation
rental license if it wishes to continue the use of the property as a vacation rental. Such
application shall be subject to any applicable waitlist.
(2)Not transferable to different home. A license assigned to a vacation home or bed and breakfast
inn shall not be transferred to another location of the same or different ownership.
(3)Application required upon transfer. If the property owner changes during the annual period for
which the vacation home or bed and breakfast inn has been licensed, and the license is
eligible for transfer as described in paragraph (1) above, a new property owner of record must
file an application to transfer the license into their name within thirty (30) days of transfer of
ownership, and must ensure the vacation home or bed and breakfast inn is in compliance with
all other Town regulations. Properly filing a complete application within such time shall
automatically extend the license, under the new ownership, until such time that the Town acts
on the transfer application.
a.Transfer fee. An application to transfer a license must include a transfer fee payment
equivalent to the business license fee for the vacation home or bed and breakfast inn as
enumerated in section 5.20.030, but not including the vacation home workforce housing
regulatory linkage fee if that has already been paid for the home for the calendar year
b.The Town Clerk issues transfer registration packets substantially the same as described
in subsection (a)(4) above, which must be completed within the same deadline or the
application shall similarly lapse. Any reapplication for transfer allowed by this Section
would be subject to the same reapplication fee.
(4)Notification of change in local representative. If the local representative changes during the
calendar year, the property owner must notify the Town Clerk within fifteen (15) days of
change, and must ensure the new local representative is knowledgeable of all applicable
regulations for the vacation home or bed and breakfast inn.
(d)Renewal.
. . .
(3)A business license for a vacation home or bed and breakfast inn must be renewed on an
annual basis. A business license does not convey a right to continue operation as a vacation
home or bed and breakfast inn in future years. When the term of an annual license expires,
and the license has not been properly renewed, the license shall be considered automatically
to have expired and terminated without any further action necessary by the Town. All
provisions under this Section, including those describing priority for renewal, transferability of
registrationslicenses, continuity of operations, and the residential cap, are subject to any future
changes in state or local regulations.
(e) Operating requirements.
(1)General requirements apply. Vacation homes and bed and breakfast inns must comply with all
other applicable Town regulations, including those found in the Estes Park Development Code
and building codes and regulations adopted under Title 14 of this Code.
(2)Postings.
a.Vacation homes and bed and breakfast inns in all zoning districts shall have a clearly
legible notice posted on-site. The posted notice shall be provided by the Town at the time
the business license is initially approvedregistration packet is issued, shall be posted in a
prominent location inside the vacation home or bed and breakfast inn prior to or during
the initial compliance inspection, and shall remain posted in the same location for the
duration of its use as a vacation home or bed and breakfast inn. The posted notice shall
include standard contents as determined and approved by the Town Clerk.
. . .
(f) Enforcement.
(1)Violation. It is a violation of this Section for any owner, representative, guest or occupant of a
vacation home or bed and breakfast inn to be convicted, including a plea of no contest, of a
violation of Ssection 9.08.010 (disturbing the peace) of this Code, which violation occurs on the
premises of the vacation home; to fail to collect and remit all required sales tax to the state due
and owing for the leasing, rental or occupation of a vacation home or bed and breakfast inn; to
fail to comply with any provision of this Section; or to fail to acquire and pay for a business
license. The owner and the local representative of a vacation home shall be in violation of this
Section if any guest or occupant of the vacation home violates any provision of this Code,
including but not limited to section 9.08.010 (disturbing the peace), the Estes Park
Development Code, or any other applicable law, regulation, rule, or order issued by a
competent governmental authority, or causes a nuisance as described in Title 8 of this Code,
on the premises of the vacation home. The owner and the local representative of a vacation
home or bed and breakfast inn shall be in violation of this Section if the vacation home or bed
and breakfast inn does not fully and strictly comply with the provisions of this Section, including
provisions which this Section references or notes that the vacation home or bed and breakfast
inn is subject to. A violation under Section 5.20.070 pertaining to a vacation home or a bed and
breakfast inn shall also be considered a violation of this Section and may be enforced as such.
These are all strict liability offenses.
(2)Remedies cumulative. Any action under this Section to enforce requirements for a vacation
home or bed and breakfast inn may be in addition to any other enforcement action(s) permitted
under this Section or under other federal, state or local laws, codes, or regulations.
(3)Property owners and local representatives shall be jointly and severally liable for all violations
under this Chapter attributable to either. Remedies for a violation may also be sought against
both a property owner and a local representative, cumulatively, where both are in violation of
this Chapter.
(4)Where any violation is a continuing offense, each day that the violation continues shall be
considered and held to be a separate and distinct offense.
(5) Fines.
a.Any person who shall be convicted of their initial violation of this Section shall be fined
two hundred fifty dollars ($250.00).
b.Any person who shall be convicted of their second violation of this Section occurring
within two years of the initial violation shall be fined five hundred dollars ($500.00).
c.Any person who shall be convicted of their third violation of this Section occurring within
two years of the second violation shall be fined one thousand dollars ($1,000.00).
d.Any person who shall be convicted of their fourth or subsequent violation of this Section
occurring within two years of most recent prior violation shall be fined the maximum
amount permissible under Chapter 1.20.
e.Any person operating a vacation home or bed and breakfast inn without the applicable
license, in violation of section 5.20.070, shall be fined the maximum amount permissible
under Chapter 1.20.
(6)Suspension and revocation. The Town may suspend or revoke the business license of any
vacation home or bed and breakfast inn for violation of the provisions of this Section as follows:
a.The Town Clerk, upon the receipt and verification of any violation of this Section, shall
may give written notice to the owner or representative that a violation has occurred and
warn of potential future suspension and revocation. The Town Clerk may delegate this
authority to other Town staff, including a code enforcement officer.
b.Upon the receipt and verification of any subsequent violation of the terms and conditions
of this Section, within two (2) years of the date of a notice of violation and warning as set
forth in subparagraph (6)a. above, the Town Clerk may issue a notice of suspension of
the business license by giving written notice, by ordinary U.S. mail, to the owner or
representative of the suspension of the license. The notice of suspension is appealable
as described in paragraph (f)(7), below. If the notice is not appealed within the time
afforded, or if the notice is upheld on appeal, the license shall thereby be suspended.
Said suspension shall be for one (1) year from the date the suspension becomes final.
The property may not be operated as a vacation home or bed and breakfast inn during
the period of the suspension. The Town Clerk shall record the suspension with the county
clerk and recorder.
c.If a business license is suspended as described in subparagraph (6)b., then, upon the
receipt and verification of any further violation of this Section either during the period of
suspension or within two (2) years after reinstatement, the Town Clerk may issue a notice
of revocation of the business license by giving written notice, by ordinary U.S. mail, to the
owner or representative of the revocation of the license. The notice of revocation is
appealable as described in paragraph (f)(7), below. If the notice is not appealed within the
time afforded, or if the notice is upheld on appeal, the license shall thereby be revoked.
Upon revocation of the license, the owner's right and privilege to conduct the business,
profession, occupation or accommodation within the Town is terminated. No person may
apply for a license for a vacation home or a bed and breakfast inn on the property subject
to the revocation for a period of two (2) years from the date the revocation is made final.
After such time, a new application may be made if this Section allows. The Town Clerk
shall record the revocation with the county clerk and recorder.
. . .
To the town board of Estes Park,
Before I begin with my comments, I would like to provide you with a little background about me.
For the past 52 years (since the year I was born), I’ve been coming to Estes Park, initially with my
parents, then throughout my young adulthood, and now with my own family. About 25 years ago I was
fortunate enough to buy a small lot in Estes Park, and a few years later I built a house. I was able to do
this by working a second job most of my adulthood. Like many before me that bought property in the
Estes area, I also rented out my house to help offset a bit of my ongoing expenses.
For me, my house was never purchased to be a business. My house has always been my piece of
paradise that I worked very hard to obtain for my family with the intention of staying there much longer
periods of time in retirement. I do not rent my house through an agency. I do not rent my house on
AirBnb. I will not allow people to stay in my house unless I personally know them. My house is too
important to me.
Even though I don’t rent my house out an extensive amount, I have always wanted to stay on the right
side of the law. Once Estes Park began requiring the Vacation rental permit, I obtained one. I have
collected and submitted the lodging/marketing district tax from those that rent my house. I have no
problem doing this. It is something easy for me to calculate. 10.7%.....easy.
I seriously thought the board would do the right thing when the lodging tax ballot measure passed and
would rescind the impact fee since it is extremely inequitable and very difficult for people in my situation to
pass on to renters. I was in actual disbelief when you didn’t. My problem is I never know how many
nights I will rent each year. The best case scenario is I will have to raise my rates $25 a night plus the
extra 3.5% from the new lodging tax. Worse case, that amount will be much higher. I have no idea how
much extra my renters are willing to pay, especially since it appears we are going into a recession next
year. Since my pool of renters is small and I have no intention of going to the open market, I may get into
a situation where I’m renting the house out to cover the various taxes Estes placed on my house. If that
becomes the reality for me, I will be done renting the house at all. It will sit empty during the times I’m not
there.
One thing I am extremely curious about….exactly how is my house causing more of an impact to the
availability of workforce housing compared to the greater number of other houses owned by people who
use the house as a second home. I see no difference. Are second homes going to become the next target
for impact fees?
I would ask you to reconsider the impact fee now that the new lodging tax has been approved. I can’t
make an argument that the lodging tax is inequitable and difficult to implement. I certainly can make the
argument that the impact fee most certainly is.
Sincerely,
Steve Niemeyer
Vacation home license # 3263
Ph. 480-331-9727
Email: You-Too-B@outlook.com
PUBLIC COMMENT RECEIVED 2022-12-09
TOWN CLERK’S OFFICE Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jackie Williamson, Town Clerk
Date: December 13, 2022
RE: Interview Committee for the Local Marketing District.
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER Committee
QUASI-JUDICIAL YES NO
Objective:
To appoint Town Board members to the interview committee for vacancies on the Local
Marketing District Board of Directors.
Present Situation:
The Local Marketing District Board of Directors consists of seven-members and the
Board currently has two vacancies. The Town Clerk’s Office has advertised the opening
and has received two applications as of the date of this memo.
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 board positions.
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 Local Marketing District interview committee.
Attachments:
None.
TOWN CLERK’S OFFICE Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jackie Williamson, Town Clerk
Date: December 13, 2022
RE: Interview Committee for the Parks Advisory Board.
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER Committee
QUASI-JUDICIAL YES NO
Objective:
To appoint Town Board members to the interview committee for vacancies on the Parks
Advisory Board.
Present Situation:
The Parks Advisory Board consists of seven-members and the Board currently has
three vacancies. The Town Clerk’s Office has advertised the opening and has received
one application as of the date of this memo.
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 commission positions.
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 Parks Advisory Board interview committee.
Attachments:
None.
TOWN CLERK’S OFFICE Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jackie Williamson, Town Clerk
Date: December 13, 2022
RE: Interview Committee for the Larimer County Solid Waste Policy Advisory
Council.
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER Committee
QUASI-JUDICIAL YES NO
Objective:
To appoint Town Board members to the interview committee for vacancy on the Larimer
County Solid Waste Policy Advisory Council.
Present Situation:
The Larimer County Solid Waste Policy Advisory Council consists of eight-members,
one elected official and one appointee, from Estes Park, Fort Collins, Loveland, Larimer
County, and Wellington. The appointee term expired November 30, 2022 is currently
vacant. The Town Clerk’s Office has advertised the opening and has received one
application as of the date of this memo.
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 board positions.
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 Larimer County Solid Waste Policy Advisory Council interview committee.
Attachments:
None.