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HomeMy WebLinkAboutPACKET Town Board 2023-03-28The 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, March 28, 2023 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., the day of the meeting in order to be provided to the Town Board prior to the meeting. All comments will be provided to the Board for consideration during the agenda item and added to the final packet. AGENDA 5:30 p.m. REQUEST TO ENTER EXECUTIVE SESSION: For discussion of a personnel matter - Section 24-6-402(4}(f}, C.RS. and not involving: any specific employees who have requested discussion of the matter in open session; any member of the Town Board; the appointment of any person to fill an office of the Town Board; or personnel policies that do not require discussion of matters personal to particular employees – Town Administrator and Town Attorney Annual Evaluation. REGULAR BUSINESS 7:00 p.m. PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). GRADUATION CEREMONY: 2023 COMMUNITY INFORMATION ACADEMY (CIA) PARTICIPANTS. Mayor Koenig, Public Information Officer Miller and Town Administrator Machalek - Present Participation Certificates. AGENDA APPROVAL. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. CONSENT AGENDA: 1.Bills. 2. Town Board Minutes dated March 14, 2023, Town Board Study Session Minutes dated March 14, 2023, and Town Board Strategic Planning Session Minutes dated March 8, 2023. 3. Resolution 29-23 Participation in Additional Statewide Opioid Settlements. 4.Change Order for a Contract Extension for the 2023 Chip & Crack Seal Program with Vance Brothers, Inc. for $269,108 – Budgeted. Prepared 03-17-2023 *Revised 03-27-2023 * Page 1 NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 5. Resolution 30-23 Setting the Public Hearing for a New Hotel and Restaurant Liquor License Application for Mountain Home Cafe Inc., dba Mountain Home Cafe, 457 E. Wonderview Avenue, Suite C-1, Estes Park, Colorado, for April 11, 2023. 6. Resolution 31-23 Setting the Public Hearing for a New Hotel and Restaurant with Optional Premise Liquor License Application for Estes Valley Recreation & Park District; Laura Emmer dba Mother’s Café at the Hangar Restaurant, 1480 Golf Course Road, Units A-E, Estes Park, Colorado, for April 11, 2023. 7. Reappointment to the Estes Park Board of Adjustments of Jeff Moreau for a term expiring March 31, 2026. LIQUOR ITEMS: 1.RESOLUTION 32-23 NEW BEER & WINE LIQUOR LICENSE APPLICATION FOR ASPEN & PINES LLC DBA SERENITEA'S TEA ROOM, 207 PARK LANE, ESTES PARK, COLORADO. Town Clerk Williamson. To consider a new liquor license application and to consider the needs and desires of the neighborhood. 2.RESOLUTION 33-23 NEW HOTEL AND RESTAURANT LIQUOR LICENSE APPLICATION FOR KARMA VIBES LLC DBA KARMA VIBES, 1110 WOODSTOCK DRIVE, ESTES PARK, COLORADO. Town Clerk Williamson. To consider a new liquor license application and to consider the needs and desires of the neighborhood. ACTION ITEMS: 1.ORDINANCE 03-23 AMENDING CHAPTER 7.12 OF THE ESTES PARK MUNICIPAL CODE REGARDING ANIMALS CONSTITUTING A PUBLIC NUISANCE. Captain Pass. Expand regulations regarding animals which may be a nuisance to the community but are not considered vicious animals. 2.RESOLUTION 34-23 COMMUNITY DEVELOPMENT REVISED PLANNING FEE SCHEDULE. Director Garner. Review and approve a revised temporary fee schedule to reduce review deposit fees. 3.RESOLUTION 35-23 SUPPLEMENTAL BUDGET APPROPRIATIONS #2 TO THE 2023 BUDGET. Director Hudson. Budget amendment to roll over uncompleted 2022 Purchase Orders and Projects. ADJOURN. Page 2 Town of Estes Park, Larimer County, Colorado, March 14, 2023 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 14th day of March, 2023. Present: Wendy Koenig, Mayor Mayor Pro Tem Scott Webermeier Trustees Marie Cenac Kirby Hazelton Barbara MacAlpine Patrick Martchink Cindy Younglund Also Present: Town Administrator Travis Machalek Jason Damweber, Deputy Town Administrator Dan Kramer, Town Attorney Kimberly Disney, Recording Secretary Absent: None Mayor Koenig called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PRESENTATION. Former Colorado Association of Chiefs of Policy President Chief Gary Barbour presented the CACP reaccreditation to Chief Hayes. AGENDA APPROVAL. It was moved and seconded (Webermeier/Hazelton) to approve the Agenda, and it passed unanimously. PUBLIC COMMENTS. Kristine Poppitz/County citizen requested more information on the expected increase in growth for housing in the Estes Valley as referenced in the Estes Valley Housing Needs Assessment and Strategic Plan. She also requested impact studies be required for rezoning projects and stated Preserve Estes Park has received 700 signatures on a petition against an upcoming project. Tom Kaszynski/County citizen spoke regarding workforce housing, the cost of construction, rezoning, cost of living, and requested the Town Board not only focus on attainable housing. Laurie Dale-Marshall/EVICS Family Resource Center Director spoke regarding the Month of the Young Child celebrations which would be held in April and includes a kickoff storytime, wagon parade, crafts, and recognition of families’ contributions to the Town. She also stated the Mujeres en Conexiõn support group, consisting of Hispanic women in the community, would meet with Town staff to discuss needs. TRUSTEE COMMENTS. Trustee comments were heard and have been summarized: The Estes Park Sister Cities Association met and approved revised bylaws and a new website has been created at epsistercities.org. The Colorado Association of Ski Towns held its annual legislature meeting with a presentation from Governor Polis on his proposed bill for affordable housing for urban and resort communities. The inaugural Frozen Dead Guy Days would begin March 17, with a ribbon cutting, and the events on Saturday and Sunday would include live music, food trucks, a polar plunge, and coffin races. The Larimer County Solid Waste Policy Advisory Council met and discussed a contract for the construction of the Wellington landfill. The Opioids Abatement Council met and approved two funding requests and discussed an additional $3 million dollars awarded to the State which would allow for the continuation of current programs. The Family Advisory Board met and DR A F T Page 3 Board of Trustees – March 14, 2023 – Page 2 discussed the proposed sunsetting of the Board, membership vacancies, and procedures for creating advisory boards. The Estes Park Economic Development Corporation would meet with the Estes Park Chamber of Commerce to discuss an annual legislature day to advocate for Estes Park businesses and community needs. Additionally, the Business Accelerator Services of Estes final presentations would be made with graduation to follow. Trustees Hazelton and Martchink and Deputy Town Administrator Damweber participated in the Estes Next series hosted by the Estes Park Chamber of Commerce and discussed the role of the Town Board. The next Trustee Talk would be held to discuss construction projects and stormwater. Construction projects have begun in the downtown and citizens were encouraged to drive safely. TOWN ADMINISTRATOR REPORT. Town Administrator Machalek spoke regarding traffic impacts from construction and stated short-term adjustments would be made for special events in town; and a discussion on Proposition 123 would be scheduled for a future study session. He presented his policy governance report for policies 3.0, 3.1, 3.2, 3.4, 3.5, 3.6, 3.9, 3.10, and 3.11 and reported full compliance. CONSENT AGENDA: 1.Bills. 2.Town Board Minutes dated February 28, 2023 and Study Session Minutes dated February 28, 2023. 3.Family Advisory Board Minutes dated February 2, 2023 (acknowledgment only). 4.Transportation Advisory Board Minutes dated January 18, 2023 (acknowledgment only). 5.Parks Advisory Board Minutes dated December 15, 2022. 6.Letter of Support for Transportation Alternative Program Grant Application for the Fall River Trail. 7. Resolution 24-23 Contract with DaVinci Sign Systems Inc. for Downtown Wayfinding Signage Program – Phase 1 Installation Project. 8. Resolution 25-23 Setting the Public Hearing for a New Beer & Wine Liquor License Application for Aspen & Pines LLC dba SereniTEA's Tea Room, 207 Park Lane, Estes Park, Colorado, for March 28, 2023. 9. Resolution 26-23 Setting the Public Hearing for a New Hotel and Restaurant Liquor License Application for Karma Vibes LLC dba Karma Vibes, 1110 Woodstock Drive, Estes Park, Colorado for March 28, 2023. 10. Reappointment of Ann Finley, Lawrence Gamble, and Belle Morris to the Transportation Advisory Board for terms expiring March 31, 2026. 11. Acceptance of Town Administrator Policy Governance Monitoring Report. It was moved and seconded (Hazelton/Younglund) to approve the Consent Agenda, and it passed unanimously. ACTION ITEMS: 1.RESOLUTION 27-23 APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH ESTES PARK HEALTH FOR USE OF TOWN FACILITIES. Town Administrator Machalek presented Resolution 27-23 to allow use of Town Board Room facilities by Estes Park Health (EPH) for their regular Board of Directors meetings. Previously the EPH Board has met in a room at the hospital which was not sufficient for in-person attendance. Per Policy 860 – Use of Town Buildings, regularly occurring use of the Town Board Room requires an Intergovernmental Agreement outlining the responsibilities of each organization. It was moved and DR A F T Page 4 Board of Trustees – March 14, 2023 – Page 3 seconded (Webermeier/Cenac) to approve Resolution 27-23, and it passed unanimously. 2.YMCA OF THE ROCKIES APPLICATION FOR CHILDCARE FUNDS. Deputy Town Administrator Damweber presented the application for childcare funds submitted by the YMCA of the Rockies for the Beverly K. Booe Early Childhood Education program for recruitment and retention of teachers. The YMCA was requesting $20,000 to be paid out as a $5,000 recruitment bonus and $5,000 retention bonus. The applicant was available for questions. The Board discussed the number of positions supported by the request, how long the positions have been vacant, a longer timeframe for the retention bonus, issues with current staff not receiving bonuses, repayment of the recruitment bonus if hired employees leave early, Tabor impacts, supporting Estes Park residents, industry standards for bonuses, and housing for new employees. Kent Smith/Town citizen, Laurie Dale-Marshall/County citizen, and Deanna Ferrell/Town citizen spoke in support of the application regarding previous recruitment efforts for teachers, the extended timetable to hire appropriate teachers, current advocacy efforts to increase pay for teachers, and impacts of seasonal residency on childcare. It was moved and seconded (Martchink/Hazelton) to approve the funding request from YMCA of the Rockies to assist with the recruitment and retention of teachers for two infant and toddler care positions, and it passed unanimously. 3.RESOLUTION 28-23 SUNSETTING THE FAMILY ADVISORY BOARD. Deputy Town Administrator Damweber presented Resolution 28-23 to sunset the Family Advisory Board (FAB). He highlighted Board discussion at the February 28, 2023 Study Session, continued commitment to addressing community issues impacting families, open meeting rules, lack of clarity to the role and responsibilities of FAB, confusion on policy recommendations opposed to action- oriented projects, Town partnerships with stakeholder organizations, a yearly stakeholder group to provide feedback, employing task-oriented ad-hoc committees, membership turnover, and a new Town position focusing on workforce/attainable housing and childcare in the Estes Valley. The Board discussed the 6E funds, accomplishments of FAB, staff assisting with alternatives in the absence of FAB, previous discussions, the new Town position, the resolution language, and the process of reviewing advisory boards and commissions. Nancy Almond/FAB Chair, Deanna Ferrell/FAB Vice Chair, Nicole White/FAB Member, Sue Yowell/FAB Member spoke against the resolution regarding the sunsetting discussion at the February 28, 2023 Study Session, FAB achievements, missed opportunities for engagement with FAB, transitioning FAB to a community based organization, and the needs of families in addition to housing and childcare. They requested the Town Board delay the resolution to allow for a transition to a community based organization and completion of current projects and recommendations to the Town Board. It was moved and seconded (Martchink/Webermeier) to continue Resolution 28-23 to May 23, 2023 to allow FAB to finish current business, review and comment on Resolution 28-23, and for staff to assist in the transition of FAB to a community-based board, and it passed unanimously. 4.INTERVIEW COMMITTEE FOR THE ESTES PARK BOARD OF APPEALS. The Estes Park Board of Appeals consists of five volunteers with technical skills. The Board currently has one vacancy and two terms which would expire May 1, 2023. The Clerk’s Office has received four applications. It was moved and seconded (Cenac/Webermeier) to appoint Trustees Hazelton and Younglund to the Estes Park Board of Appeals Interview Committee, and it passed unanimously. DR A F T Page 5 Board of Trustees – March 14, 2023 – Page 4 INTERVIEW COMMITTEE FOR THE ESTES PARK BOARD OF ADJUSTMENT. The Estes Park Board of Adjustment consists of three volunteers with one term expiring March 31, 2023. The Clerk’s Office has received two applications. It was moved and seconded (Younglund/Cenac) to appoint Trustees MacAlpine and Martchink to the Estes Park Board of Adjustment Interview Committee, and it passed unanimously. REPORTS AND DISCUSSION ITEMS: 1.ESTES PARK MUSEUM 2022 ANNUAL REPORT. Director Fortini provided the Museum’s 2022 Annual Report and highlighted the 2022 Museum strategic initiatives (which were met and not met), museum attendance and repeat visitation, 2022 collaborations, outside funding sources, artifact updates and the collections team, volunteer hours, 2022 oral history interview highlights, and 2023 strategic initiatives. The Board discussed Phase I building improvements for artifact storage, scheduling priorities of oral histories, and the accessibility of the oral histories. Whereupon Mayor Koenig adjourned the meeting at 9:21 p.m. Wendy Koenig, Mayor Kimberly Disney, Recording Secretary DR A F T Page 6 Town of Estes Park, Larimer County, Colorado March 14, 2023 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 in said Town of Estes Park on the 14th day of March, 2023. Board: Mayor Koenig, Mayor Pro Tem Webermeier, Trustees Cenac, Hazelton, MacAlpine, Martchink, and Younglund Attending: Mayor Koenig, Mayor Pro Tem Webermeier, Trustees Cenac, Hazelton, MacAlpine, Martchink and Younglund Also Attending: Town Administrator Machalek, Deputy Town Administrator Damweber, Town Attorney Kramer, and Deputy Town Clerk Beers Absent: None Mayor Koenig called the meeting to order at 6:10 p.m. ENVIRONMENTAL SUSTAINABILITY ADVISORY BOARD AND ENVIRONMENTAL SUSTAINABILITY MANAGER POSITION. Deputy Town Administrator Damweber provided a brief overview of the two items stating the Town Board formed an ad-hoc Environmental Sustainability Task Force (ESTF) in 2021 to develop recommendations on the Town’s role in initiatives, strategies, and tactics to advance environmental sustainability; ESTF completed and presented a report in February 2022 with some items addressed in the 2023 Strategic plan; and the formation of an advisory board and a staff position was noted for further discussions in 2023. Staff stated a new position would be necessary to support the new activity including formation of the advisory board, implementation and management of environmental sustainability programs and initiatives, serving as liaison to the advisory board and to provide support during meetings, coordination, collaboration, and outreach with staff concerning sustainable policies, to identify funding opportunities to support initiatives, and prepare annual progress reports. Any new position would require benefits and budgetary considerations. A number of environmentally conscious and sustainable actions have been taken in 2023 including conversion of street light bulbs to more efficient LED bulbs, using renewable energy for Town facilities and electric fleet vehicle considerations, and elements of the development code, building code adoptions, and the Comprehensive Plan. Trustee MacAlpine provided a review of environmental sustainability efforts since the formation of the ESTF and encouraged the Board to support the new manager position and advisory board. She added high interest exists within the community to protect the environment and encouraged the Town to take meaningful action toward environmental sustainability. She stated the manager could increase the Town’s opportunity to obtain funding towards initiatives and programs as well as strategic planning priorities. She stated it would be important to have the Town consider monitoring carbon emissions and qualifications for green cities. Board comments and questions have been summarized: Where a manager would reside within the organizational structure; how the position would be funded within the budget; whether the Town Board would consider the position and advisory board within a 2023 budget amendment or fold it into the 2024 budget considerations; the benefits of having a manager to oversee the initiatives and guide the advisory board; and the importance of identifying the outcomes to suggest priorities with an expert who can provide sufficient expertise related to sustainability efforts. It was recommended staff produce an outline of considerations to be discussed during the April 5, 2023 strategic planning session. The Board consensus was to consider the position and advisory board within the strategic planning process. The Board requested data on how other municipalities handle environmental sustainability. DR A F T Page 7 Town Board Study Session – March 14, 2023 – Page 2 TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS. None. FUTURE STUDY SESSION AGENDA ITEMS. Town Administrator Machalek requested the Business/Vacation Home Rental License Renewal Annual Report occur on April 11, 2023 and the Planning Fee Schedule discussion be included in items approved/unscheduled, to which the Board was in agreement. There being no further business, Mayor Koenig adjourned the meeting at 6:54 p.m. Bunny Victoria Beers, Deputy Town Clerk DR A F T Page 8 Town of Estes Park, Larimer County, Colorado March 8, 2023 Minutes of a Study Session meeting of the ESTES PARK TOWN BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall Rooms 202/203 in said Town of Estes Park on the 8th day of March 2023. Board: Mayor Koenig, Mayor Pro Tem Webermeier, Trustees Cenac, Hazelton, MacAlpine, Martchink and Younglund Also Attending: Town Administrator Machalek, Deputy Town Administrator Damweber, Town Attorney Kramer, Directors Bergsten, Garner, Hinkle, Hudson, and Muhonen, Superintendent Lockhart, and Director/Town Clerk Williamson Absent: Police Chief Hayes and Public Information Officer Miller Meeting was called to order at 1:05 p.m. by Mayor Koenig. INTRODUCTION TO STRATEGIC PLANNING. Town Administrator Machalek stated the strategic planning process would be similar to 2022 to include a review of the Mission, Vision, Outcome Areas, and Policy Statements in the first meeting and the second meeting to include a review of the goals and objectives. He commented the proposed 2024 budget would require the Board to shift priorities to take on additional projects/items. MISSION AND VISION AND OUTCOME AREAS. The Board reviewed the Mission, Vision, and Outcome Areas of the Town and suggested no changes for 2024. REVIEW STRATEGIC POLICY STATEMENTS. Exceptional Guest Services – We are a preferred Colorado mountain destination providing an exceptional guest experience. Board discussed how the character of Estes Park is defined and how the Town determines compatibility. It was questioned whether a brand should be used to determine the character of the Town. The Board questioned who “We” in the plan refers to, and it was determined to add a reference outlining it as the Town led by the Town Board. It was further noted the need to start each statement with “We”. Review all statements to ensure they are present and not future tense. The following Strategic Policy Statements were reworded, added or deleted: Statement 1 – We value broad collaboration in providing exceptional guest services. Statement 7 – To be deleted. Government Services and Internal Support – We provide high-quality support for all municipal services. The following Strategic Policy Statements were reworded, added or deleted: Statement 8 - We operate with transparency, maintaining open communication with all community members and proactively making Town information available to the public. Infrastructure – We have reliable, efficient, and up-to-date infrastructure serving our community and customers. DR A F T Page 9 Town Board Study Session Meeting – March 8, 2023 – Page 2 The following Strategic Policy Statements were reworded, added or deleted: Statement 7 - We partner with the three other owner communities to advance Platte River Power Authority towards our goal of a 100% noncarbon energy mix by 2030. Outstanding Community Services – Estes Park is an exceptionally vibrant, diverse, inclusive, and active mountain community in which to live, work, and play, with housing available for all segments in our community. The following Strategic Policy Statements were reworded, added or deleted: Statement 1 – We support a wide range of housing opportunities with a particular focus on workforce and attainable housing. Statement 8 – Remove and add a goal to enact the housing strategic plan and the operating plan. Statement 9 – We enact polices that collectively support all demographic segments of the community, and strive to minimize barriers to a diverse, family-friendly community and robust workforce. Public Safety, Health and Environment – Estes Park is a safe place to live, work, and visit within our extraordinary natural environment. The following Strategic Policy Statements were reworded, added or deleted: New Statement 9 – We recognize the importance of mental health in our community and work with local and regional partners to improve mental health safety and awareness. Trustee Cenac arrived at 1:57 p.m. Robust Economy – We have a diverse, healthy year-round economy. The following Strategic Policy Statements were reworded, added or deleted: Statement 7 – We lead specific economic development efforts identified by the Town Board. Town Financial Health – We maintain a strong and sustainable financial condition, balancing expenditures with available revenues. No changes were proposed for this outcome area. Transportation – We have safe, efficient and well-maintained multi-modal transportation on systems for pedestrians, cyclists, motorist and transit riders. No changes were proposed for this outcome area. Trustee Martchink stated an interest in establishing parking and transit operates as an enterprise fund that would fund staff and infrastructure items. The next strategic plan meeting would be held on April 5th to review goals and outcomes under each objective. There being no further business, Mayor Koenig adjourned the meeting at 2:30 p.m. Jackie Williamson, Town Clerk DR A F T Page 10 TOWN ATTORNEY’S OFFICE Memo To: From: Date: RE: Honorable Mayor Koenig Board of Trustees Dan Kramer, Town Attorney March 28, 2023 Resolution 29-23 Approving Participation in Additional Statewide Opioid Settlements PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Approve participation in five additional settlements over opioid manufacture and distribution, negotiated by the State. These will bring approximately $300 million in additional resources to address opioid issues at the state and regional levels. Present Situation: In November 2021, the Town entered the Colorado Opioids Settlement Memorandum of Understanding (MOU) with the State and other Colorado local governments. We released our rights to sue businesses associated with the opioid epidemic in exchange for settlement funds. Some of the funds applicable to Estes Park are managed by the State, and some by a regional opioid abatement council composed of representatives of Larimer County local governments. The Town is now a voting member of the region. The MOU is designed to encompass settlement funds both from existing settlements as well as ones Colorado enters in the future. The Colorado Attorney General’s Office is now looking to add five new settlements to the framework, and the settlements depend on enough local governments releasing their rights to sue. The State is requesting these releases from all participating local governments, statewide, in order to facilitate the settlements. The Attorney General’s Office has detailed the five settlements as follows: Teva & Allergan Settlements Teva and Allergan are affiliated pharmaceutical opioid manufacturers. Colorado has reached settlements with each company (see Teva and Allergan), and ESTES PARK is required to join both settlements, or neither of them. Specifically, ESTES PARK does not have the option to join the Teva settlement and not join the Allergan settlement, or vice versa. Under the terms of the Teva settlement, Colorado and its Local Governments stand to receive an estimated $59 million if enough Local Governments join. Teva will pay this amount over 13 years. Page 11 In addition to the monetary award from the Teva settlement, Colorado may elect to receive a distribution of generic naloxone nasal spray (“Settlement Product”) manufactured and distributed at Teva’s expense, which is valued at $24.2 million over 10 years. If Colorado does not elect to receive Settlement Product, Colorado will receive an additional cash payment estimated to be $4.8 million paid over 10 years. Colorado may also elect to receive a partial distribution of Settlement Product and a partial additional cash payment. Under the terms of the Teva settlement, only the State can make the election to receive Settlement Product and/or an additional cash payment, and the State will do so every two years beginning in 2023. The Attorney General commits to consulting with the Colorado Opioid Abatement Council (“COAC”), and any other relevant state and local experts, to determine whether the State should accept Settlement Product and/or an additional cash payment, and in the event Colorado elects to receive any Settlement Product, to ensure the distribution of the Settlement Product is fair and equitable. In the event the State elects to receive an additional cash payment, those funds will be distributed in accordance with the Colorado MOU. Under the terms of the Allergan settlement, Colorado and its Local Governments stand to receive an estimated $35 million if enough Local Governments join. Allergan will pay this amount over 7 years. Under the terms of the settlements with Teva and Allergan, and under the terms of the Colorado MOU, all opioid settlement funds must be used for Approved Purposes (see Ex. A to the Colorado MOU) to abate the opioid crisis in Colorado. Walmart Settlement Walmart is a chain pharmacy that dispenses prescription opioids. Under the terms of the Walmart settlement, Colorado and its Local Governments stand to receive an estimated $44 million if enough Local Governments join. Walmart will pay this amount over 6 years. Under the terms of the settlement with Walmart, and under the terms of the Colorado MOU, all opioid settlement funds must be used for Approved Purposes (see Ex. A to the Colorado MOU) to abate the opioid crisis in Colorado. CVS Settlement CVS is a chain pharmacy that dispenses prescription opioids. Under the terms of the CVS settlement, Colorado and its Local Governments stand to receive an estimated $78 million if enough Local Governments join. CVS will pay this amount over 10 years. Under the terms of the settlement with CVS, and under the terms of the Colorado MOU, all opioid settlement funds must be used for Approved Purposes (see Ex. A to the Colorado MOU) to abate the opioid crisis in Colorado. Walgreens Settlement Walgreens is a chain pharmacy that dispenses prescription opioids. Page 12 Under the terms of the Walgreens settlement, Colorado and its Local Governments stand to receive an estimated $85 million if enough Local Governments join. Walgreens will pay this amount over 15 years. Under the terms of the settlement with Walgreens, and under the terms of the Colorado MOU, all opioid settlement funds must be used for Approved Purposes (see Ex. A to the Colorado MOU) to abate the opioid crisis in Colorado. The five recent opioid settlements represent another significant step in Colorado’s efforts to end the opioid crisis in our state. In order for Colorado to maximize its share of these settlements, Local Government participation is essential. If enough Local Governments join the five settlements, Colorado stands to receive an estimated $300 million in addition to the millions of dollars our state has already begun receiving from previous opioid settlements. Proposal: Approve participation in all five settlements, and authorize the Town Administrator to approve participation in any future, similar settlements. Town Administrator authorization would streamline future settlement agreements, and is presented for Board consideration given the lack of any identified disadvantages of these settlements. Advantages: State and regional funding to address the opioid epidemic. Disadvantages: Practically speaking, none. The Town has not considered bringing an individual suit against opioid-related businesses. Action Recommended: Approve Resolution 29-23. Finance/Resource Impact: Unquantified positive impact on the Town through distribution of state and regional funds. Level of Public Interest High regarding opioids and opioid settlements generally; low regarding Estes Park’s approval of these settlements. Sample Motion: I move for the approval of Resolution 29-23 Attachments: 1.Resolution 29-23 2.Participation Forms for the Teva, Allergan, Walmart, CVS, and Walgreens Settlements 3.Colorado Opioids Settlement Memorandum of Understanding Page 13 RESOLUTION 29-23 APPROVING PARTICIPATION IN ADDITIONAL STATEWIDE OPIOID SETTLEMENTS WHEREAS, the opioid use leading to overdoses and deaths has been declared a nationwide public health emergency; and WHEREAS, nationwide settlements have been reached with five additional companies to resolve claims by state and local governments that these companies contributed to the opioid epidemic; and WHEREAS, the funds will be divided and distributed within the State of Colorado as described in the Colorado Opioids Settlement Memorandum of Understanding (State MOU), as approved by the Town. 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, additional settlement participation forms in substantially the form now before the Board. The Board authorizes the Town Administrator to approve any future settlement forms under the State MOU. DATED this ______ day of _________________, 2023. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 Page 14 Exhibit K Subdivision and Special District Settlement Participation Form Governmental Entity:State: Authorized Signatory: /officialname_teva_allergan/ Address 1: /address1_teva_allergan/ Address 2: /address2_teva_allergan/ City, State, Zip: /cit_ta/ /state_ta/ /zi_ta/ Phone: /phone_teva_allergan/ Email: /email_teva_allergan/ The governmental entity identified above (“Governmental Entity”), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Agreement dated November 22, 2022 (“Teva Settlement”), and acting through the undersigned authorized official, hereby elects to participate in the Teva Settlement, release all Released Claims against all Released Entities, and agrees as follows. 1.The Governmental Entity is aware of and has reviewed the Teva Settlement, understands that all terms in this Election and Release have the meanings defined therein, and agrees that by this Election, the Governmental Entity elects to participate in the Teva Settlement as provided therein. 2.Following the execution of this Settlement Participation Form, the Governmental Entity shall comply with Section III.B of the Teva Settlement regarding Cessation of Litigation Activities. 3.The Governmental Entity shall, within 14 days of the Reference Date and prior to the filing of the Consent Judgment, file a request to dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal With Prejudice substantially in the form found at https://nationalopioidsettlement.com. 4.The Governmental Entity agrees to the terms of the Teva Settlement pertaining to Subdivisions as defined therein. 5.By agreeing to the terms of the Teva Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date. 6.The Governmental Entity agrees to use any monies it receives through the Teva Settlement solely for the purposes provided therein. 7.The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role as provided in, and for resolving disputes to the extent provided in, the Teva Settlement. 1 Attachment A: Teva Settlement Participation Form Attachment 2 Page 15 8.The Governmental Entity has the right to enforce the Teva Settlement as provided therein. 9.The Governmental Entity, as a Participating Subdivision or Participating Special District, hereby becomes a Releasor for all purposes in the Teva Settlement, including but not limited to all provisions of Section V (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Teva Settlement are intended by Released Entitles and the Governmental Entity to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Teva Settlement shall be a complete bar to any Released Claim. 10.The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision or Participating Special District as set forth in the Teva Settlement. 11.In connection with the releases provided for in the Teva Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads: General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities’ decision to participate in the Teva Settlement. 12.Nothing herein is intended to modify in any way the terms of the Teva Settlement, to which Governmental Entity hereby agrees. To the extent this Election and Release is interpreted differently from the Teva Settlement in any respect, the Teva Settlement controls. 2 Page 16 I have all necessary power and authorization to execute this Election and Release on behalf of the Governmental Entity. Signature:/signer_1_teva_allergan/ Name:/name_1_teva_allergan/ Title:/title_1_teva_allergan/ Date:/date_1_teva_allergan/ 3 Page 17 EXHIBIT K Subdivision and Special District Settlement Participation Form Governmental Entity:State: Authorized Signatory: /officialname_teva_allergan/ Address 1: /address1_teva_allergan/ Address 2: /address2_teva_allergan/ City, State, Zip: /cit_ta/ /state_ta/ /zi_ta/ Phone: /phone_teva_allergan/ Email: /email_teva_allergan/ The governmental entity identified above (“Governmental Entity”), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Agreement dated November 22, 2022 (“Allergan Settlement”), and acting through the undersigned authorized official, hereby elects to participate in the Allergan Settlement, release all Released Claims against all Released Entities, and agrees as follows. 1.The Governmental Entity is aware of and has reviewed the Allergan Settlement, understands that all terms in this Election and Release have the meanings defined therein, and agrees that by this Election, the Governmental Entity elects to participate in the Allergan Settlement as provided therein. 2.Following the execution of this Settlement Participation Form, the Governmental Entity shall comply with Section III.B of the Allergan Settlement regarding Cessation of Litigation Activities. 3.The Governmental Entity shall, within fourteen (14) days of the Reference Date and prior to the filing of the Consent Judgment, file a request to dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the MDL Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal With Prejudice substantially in the form found at https://nationalopioidsettlement.com. 4.The Governmental Entity agrees to the terms of the Allergan Settlement pertaining to Subdivisions and Special Districts as defined therein. 5.By agreeing to the terms of the Allergan Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date. 6.The Governmental Entity agrees to use any monies it receives through the Allergan Settlement solely for the purposes provided therein. 1 Attachment B: Allergan Settlement Participation Form Page 18 7.The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role as provided in, and for resolving disputes to the extent provided in, the Allergan Settlement. 8.The Governmental Entity has the right to enforce the Allergan Settlement as provided therein. 9.The Governmental Entity, as a Participating Subdivision or Participating Special District, hereby becomes a Releasor for all purposes in the Allergan Settlement, including, but not limited to, all provisions of Section V (Release), and along with all departments, agencies, divisions, boards, commissions, Subdivisions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity whether elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist in bringing, or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Allergan Settlement are intended to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Allergan Settlement shall be a complete bar to any Released Claim. 10.The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision or Participating Special District as set forth in the Allergan Settlement. 11.In connection with the releases provided for in the Allergan Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads: General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities’ decision to participate in the Allergan Settlement. 12.Nothing herein is intended to modify in any way the terms of the Allergan Settlement, to which the Governmental Entity hereby agrees. To the extent this Settlement Participation Form is interpreted differently from the Allergan Settlement in any respect, the Allergan Settlement controls. 2 Page 19 I have all necessary power and authorization to execute this Settlement Participation Form on behalf of the Governmental Entity. Signature:/signer_1_teva_allergan/ Name:/name_1_teva_allergan/ Title:/title_1_teva_allergan/ Date:/date_1_teva_allergan/ 3 Page 20 EXHIBIT K Subdivision Participation Form Governmental Entity: State: Authorized Official: /officialname_walmart/ Address 1: /address1_walmart/ Address 2: /address2_walmart/ City, State, Zip: /cit_wm/ /state_wm/ /zi_wm/ Phone: /phone_walmart/ Email: /email_walmart/ The governmental entity identified above (“Governmental Entity”), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated November 14, 2022 (“Walmart Settlement”), and acting through the undersigned authorized official, hereby elects to participate in the Walmart Settlement, release all Released Claims against all Released Entities, and agrees as follows. 1.The Governmental Entity is aware of and has reviewed the Walmart Settlement, understands that all terms in this Election and Release have the meanings defined therein, and agrees that by this Election, the Governmental Entity elects to participate in the Walmart Settlement and become a Participating Subdivision as provided therein. 2.The Governmental Entity shall promptly, and in any event within 14 days of the Effective Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal With Prejudice substantially in the form found at https://nationalopioidsettlement.com/. 3.The Governmental Entity agrees to the terms of the Walmart Settlement pertaining to Subdivisions as defined therein. 4.By agreeing to the terms of the Walmart Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date. 5.The Governmental Entity agrees to use any monies it receives through the Walmart Settlement solely for the purposes provided therein. 1 Attachment C: Walmart Settlement Participation Form Page 21 6.The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role as provided in, and for resolving disputes to the extent provided in, the Walmart Settlement. 7.The Governmental Entity has the right to enforce the Walmart Settlement as provided therein. 8.The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Walmart Settlement, including but not limited to all provisions of Section X (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Walmart Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Walmart Settlement shall be a complete bar to any Released Claim. 9.In connection with the releases provided for in the Walmart Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads: General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities’ decision to participate in the Walmart Settlement. 10.Nothing herein is intended to modify in any way the terms of the Walmart Settlement, to which Governmental Entity hereby agrees. To the extent this Election and Release is interpreted differently from the Walmart Settlement in any respect, the Walmart Settlement controls. 2 Page 22 I have all necessary power and authorization to execute this Election and Release on behalf of the Governmental Entity. Signature:/signer_1_walmart/ Name:/name_1_walmart/ Title:/title_1_walmart/ Date:/date_1_walmart/ 3 Page 23 EXHIBIT K Subdivision Participation and Release Form Governmental Entity:State: Authorized Signatory: /officialname_cvs/ Address 1: /address1_cvs/ Address 2: /address2_cvs/ City, State, Zip: /cit_cv/ /state_cv/ /zi_cv/ Phone: /phone_cvs/ Email: /email_cvs/ The governmental entity identified above (“Governmental Entity”), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated December 9, 2022 (“CVS Settlement”), and acting through the undersigned authorized official, hereby elects to participate in the CVS Settlement, release all Released Claims against all Released Entities, and agrees as follows. 1.The Governmental Entity is aware of and has reviewed the CVS Settlement, understands that all terms in this Participation and Release Form have the meanings defined therein, and agrees that by executing this Participation and Release Form, the Governmental Entity elects to participate in the CVS Settlement and become a Participating Subdivision as provided therein. 2.The Governmental Entity shall promptly, and in any event no later than 14 days after the Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal with Prejudice substantially in the form found at https://nationalopioidsettlement.com. 3.The Governmental Entity agrees to the terms of the CVS Settlement pertaining to Participating Subdivisions as defined therein. 4.By agreeing to the terms of the CVS Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date. 5.The Governmental Entity agrees to use any monies it receives through the CVS Settlement solely for the purposes provided therein. 1 Attachment D: CVS Settlement Participation Form Page 24 6.The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role as provided in, and for resolving disputes to the extent provided in, the CVS Settlement. The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as provided in, and for resolving disputes to the extent otherwise provided in, the CVS Settlement. 7.The Governmental Entity has the right to enforce the CVS Settlement as provided therein. 8.The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the CVS Settlement, including without limitation all provisions of Section XI (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the CVS Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The CVS Settlement shall be a complete bar to any Released Claim. 9.The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the CVS Settlement. 10.In connection with the releases provided for in the CVS Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads: General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her would have materially affected his or her settlement with the debtor or released party. A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities’ decision to participate in the CVS Settlement. 2 Page 25 11.Nothing herein is intended to modify in any way the terms of the CVS Settlement, to which Governmental Entity hereby agrees. To the extent this Participation and Release Form is interpreted differently from the CVS Settlement in any respect, the CVS Settlement controls. I have all necessary power and authorization to execute this Participation and Release Form on behalf of the Governmental Entity. Signature:/signer_1_cvs/ Name:/name_1_cvs/ Title:/title_1_cvs/ Date:/date_1_cvs/ 3 Page 26 EXHIBIT K Subdivision Participation and Release Form Governmental Entity: State: Authorized Signatory: /officialname_walgreens/ Address 1: /address1_ walgreens/ Address 2: /address2_ walgreens/ City, State, Zip: /cit_wg/ /state_wg/ /zi_wg/ Phone: /phone_walgreens/ Email: /email_walgreens/ The governmental entity identified above (“Governmental Entity”), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated December 9, 2022 (“Walgreens Settlement”), and acting through the undersigned authorized official, hereby elects to participate in the Walgreens Settlement, release all Released Claims against all Released Entities, and agrees as follows. 1.The Governmental Entity is aware of and has reviewed the Walgreens Settlement, understands that all terms in this Participation and Release Form have the meanings defined therein, and agrees that by executing this Participation and Release Form, the Governmental Entity elects to participate in the Walgreens Settlement and become a Participating Subdivision as provided therein. 2.The Governmental Entity shall promptly, and in any event no later than 14 days after the Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal with Prejudice substantially in the form found at https://nationalopioidsettlement.com. 3.The Governmental Entity agrees to the terms of the Walgreens Settlement pertaining to Participating Subdivisions as defined therein. 4.By agreeing to the terms of the Walgreens Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date. 5.The Governmental Entity agrees to use any monies it receives through the Walgreens Settlement solely for the purposes provided therein. 1 Attachment E: Walgrens Settlement Participation Form Page 27 6.The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role as provided in, and for resolving disputes to the extent provided in, the Walgreens Settlement. The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as provided in, and for resolving disputes to the extent otherwise provided in, the Walgreens Settlement. 7.The Governmental Entity has the right to enforce the Walgreens Settlement as provided therein. 8.The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Walgreens Settlement, including without limitation all provisions of Section XI (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Walgreens Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Walgreens Settlement shall be a complete bar to any Released Claim. 9.The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the Walgreens Settlement. 10.In connection with the releases provided for in the Walgreens Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads: General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her would have materially affected his or her settlement with the debtor or released party. A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities’ decision to participate in the Walgreens Settlement. 2 Page 28 11.Nothing herein is intended to modify in any way the terms of the Walgreens Settlement, to which Governmental Entity hereby agrees. To the extent this Participation and Release Form is interpreted differently from the Walgreens Settlement in any respect, the Walgreens Settlement controls. I have all necessary power and authorization to execute this Participation and Release Form on behalf of the Governmental Entity. Signature:/signer_1_walgreens/ Name:/name_1_walgreens/ Title:/title_1_walgreens/ Date:/date_1_walgreens/ 3 Page 29 COLORADO OPIOIDS SETTLEMENT MEMORANDUM OF UNDERSTANDING (“MOU”) Thursday,August 26,2021 August 25,2021 Attorney General version A.Definitions As used in this MOU: 1.“Approved Purpose(s)”shall mean forward-looking strategies,programming,and services to abate the opioid epidemic as identified by the terms of any Settlement. If a Settlement is silent on Approved Purpose(s),then Approved Purpose(s)shall mean those forward-looking strategies to abate the opiold epidemic identified in Exhibit A or any supplemental forward-looking abatement strategies added to Exhibit A by the Abatement Council.Consistent with the terms of any Settlement,“Approved Purposes”shall also include the reasonable administrative costs associated with overseeing and administering Opioid Funds from each of the four (4)Shares described in Section (B)(2).Reimbursement by the State or Local Governments for past expenses are not Approved Purpose(s).“Approved Purposes”shall include attorneys’fees and expenses incurred in the course of the opioid litigation that are paid through the process discussed below. 2.“County Area”shall mean a county in the State of Colorado plus the Local Governments,or portion of any Local Government,within that county. 3.“Effective Date”shall mean the date on which a court of competent jurisdiction, including any bankruptcy court,enters the first Settlement by order or consent decree.The Parties anticipate that more than one Settlement will be administered according to the terms of this MOU, but that the first entered Settlement will trigger the formation of the Abatement Council in Section (C)and the Regional Councils in Section (F)(5).’ 4.“General Abatement Fund Council,”or “Abatement Council,”shall have the meaning described in Section (C),below. for the avoidance of doubt,the McKinsey Settlement and any other Settlement that precedes the finalization of drafting this MOU are not considered a trigger for purposes of the calculation of “Effective Date.” Attachment 3 Page 30 5.“Local Government(s)”shall mean all counties in the State of Colorado and the municipalities,towns,and county and city municipal corporations that are listed in Exhibit B. 6.“National Opioid Settlement Administrative fund”shall mean any fund identified by a Settlement for the national distribution of Opioid funds. 7.“Opioid funds”shall mean damage awards obtained through a Settlement. 8.“Opioid Settling Defendant”shall mean any person or entity,or its affiliates,that engages in or has engaged in the manufacture,marketing,promotion,distribution, or dispensing of licit opioids. 9.“Participating Local Government(s)”shall mean all Local Governments that sign this MOU,and if required under terms of a particular Settlement,who have executed a release of claims with the Opioid Settlement Defendant(s).for the avoidance of doubt,a Local Government must sign this MOU to become a “Participating Local Government.”Local Governments may designate the appropriate individual from their entity to sign the MOU. 10.“Party”or “Parties”shall mean the State and/or Participating Local Government(s). 11.“Qualified Settlement fund Account,”or “QSF Account,”shall mean an account set up as a qualified settlement fund,468b fund,as authorized by Treasury Regulations 1.4685-1(c)(26 CFR §1.4685-1). 12.“Regional Council”shall have the meaning described in Section (F)(5),below. 13.“Settlement”shall mean the negotiated resolution of legal or equitable claims against an Opioid Settling Defendant when that resolution has been jointly entered into by the State and the Participating Local Governments,or by any individual Party or collection of Parties that opt to subject their Settlement to this MOU.Unless otherwise directed by an order from a United States Bankruptcy Court,“Settlement”shalt also include distributions from any liquidation under Chapter 7 of the United States Bankruptcy Code or confirmed plan under Chapter 11 of the United States Bankruptcy Code that treats the claims of the State and Local Governments against an Opioid Settling Defendant. 14.“The State”shall mean the State of Colorado acting through its Attorney General and the Colorado Department of Law. B.Allocation of Settlement Proceeds 1.All Opioid funds shall be held in accordance with the terms of any Settlement.If a Settlement allows Opioid Funds to be held in a National Opioid Settlement Administrative fund,then Opioid Funds shall be held in such National Opioid Settlement Administrative fund.If a Settlement does not allow for Opioid funds 2 Page 31 to be held in a National Opioid Settlement Administrative Fund,Opioid Funds shall be held in a Colorado-specific QSF Account or,under the following limited circumstances,in the State’s Custodial Account:1)if at the time of a Settlement, a Colorado-specific QSF Account is not yet established,although in such case,the Opioid Funds shall be transferred to the Colorado-specific QSF Account once it is established or 2)where the Abatement Fund Council determines Opioids funds cannot be legally held in a Colorado-specific QSF Account.Regardless of whether Opioid Funds are held in a National Administrative Fund,a Colorado- specific QSF Account,or in the State’s Custodial Account, the Abatement Council shall appoint one of its members to serve as the point of contact in accordance Section (C)(4)(b)(i),below. 2.All Opioid Funds,at the time of a Settlement or at the time designated in the Settlement documents,shall be divided and distributed as follows:2 a.10%directly to the State (“State Share”)for Approved Purposes in accordance with Section (D),below; b.20%directly to Participating Local Governments (“LG Share”)for Approved Purposes in accordance with Section (E),below; c.60%directly to Regions (“Regional Share”)for Approved Purposes in accordance with Section (F),below;and d.10%to specific abatement infrastructure projects (“Statewide Infrastructure Share”)for Approved Purposes in accordance with Section (G),below. 3.Distribution of the Shares in Section 3(2)(a)(d)shall be direct,meaning that funds held in accordance with Section 3(1)shall be disbursed directly to the State,Participating Local Governments,Regions,and the Statewide Infrastructure Share according to the terms of this MOU. 4.All Opioid funds,regardless of allocation,shall be used for Approved Purposes. 5.Participating Local Governments may elect to share,pool, or collaborate with their respective allocation of the LG or Regional Shares in any manner they choose,so long as such sharing,pooling,or collaboration is used for Approved Purposes and complies with the terms of this MOU and any Settlement. C.General Abatement Fund Council 1.A General Abatement Fund Council (the “Abatement Council”),consisting of representatives appointed by the State and Participating Local Governments,shall 2 This MOU treats multi-county health departments as county health departments for purposes of allocation and distribution of abatement proceeds and therefore multi-county health departments shalt not receive any Opiold Funds directly. Third-Party Payors (“TPPs”)are not Parties to this MOU. 3 Page 32 be created to ensure the distribution of Opiold funds complies with the terms of any Settlement and to provide oversight of the Opioid funds in accordance with the terms of this MOU. 2.Membership:The Abatement Council shall consist of the following thirteen (13) members,who shall serve in their official capacity only. a.State Members:Seven (7)members shall be appointed by the State,as authorized volunteers of the State,as follows: (1)A Chair to serve as a non-voting member,except in the event of a tie; (ii)Two (2)members who are licensed professionals with significant experience in substance use disorders; (iii)Three (3)members who are professionals with significant experience in prevention,education,recovery,treatment,criminal justice,rural public health issues,or government administration related to substance use disorders;and (iv)One (1)member or family member affected directly by the oploid crisis. b.Local Government Members:Six (6)members shall be appointed by the Participating Local Governments.Local Government Members shall be a County Commissioner,Mayor,City or Town Council Member,or a professional with significant experience in prevention,education, recovery,treatment,criminal justice,rural public health issues,or governmental administration related to substance use disorders.A Participating Local Government may determine which Local Government Members are eligible (or ineligible)to serve on the General Abatement fund Council.County Commissioners,City or Town Council Members, and/or Mayors from the Regions identified in Exhibit C shall collaborate to appoint Local Government Members as follows: (i)Two (2)Members from Regions 1,5,13, 14, 15,17,18; (ii)Two (2)Members from Regions 2,6,7,8,9,10, 11,12,16;and (iii)Two (2)Members from Regions 3,4,19. c.Terms:The Abatement Council shall be established within ninety (90) days of the Effective Date.In order to do so,within sixty (60)days of the Effective Date,the State shall appoint the State Members in accordance with Section (C)(2)(a),and after conferral with the Local Governments, CCI and CML shall jointly appoint six (6)Local Government Members for an initial term not to exceed one year.Thereafter,Members shall be 4 Page 33 appointed in accordance with this Section and Sections (C)(2)(a)and (b) and may serve no more than two (2)consecutive two-year terms,for a total of four (4)consecutive years.Except that,beginning in the second year only,two (2)State Members and two (2)Local Government members shall be appointed for a three-year term and may serve one consecutive two-year term thereafter.The Chair shall have no term but may be replaced at the State’s discretion. (i)If a State or Local Government Member resigns or is otherwise removed from the Abatement Council prior to the expiration of their term,a replacement Member shall be appointed within sixty (60)days in accordance with Sections (C)(2)(a)and (b). (ii)If a Local Government Member vacancy exists for more than sixty (60)days,the State shall appoint a replacement Local Government Member to serve until the vacancy is filled in accordance with Section (C)(2)(b). 3.Duties:The Abatement Council is primarily responsible for ensuring that the distribution of Opioid Funds complies with the terms of this MOU.The Abatement Council is also responsible for oversight of Opioid Funds from the Regional Share in accordance with Section (F),below,and for developing processes and procedures for the distribution and oversight of Opioid Funds from the Statewide Infrastructure Share in accordance with Section (G)below. 4.Governance:The Abatement Council shall draft its own bylaws or other governing documents,which must include appropriate conflict of interest and dispute resolution provisions,in accordance with the terms of this MOU and the following principles: a.Authority:The Abatement Council does not have rulemaking authority. The terms of this MOU and any Settlement,as entered by any court of competent jurisdiction,including any bankruptcy court,control the authority of the Abatement Council and the Abatement Council shall not stray outside the bounds of the authority and power vested by this MOU and any Settlement. b.Administration:The Abatement Council shall be responsible for an accounting of all Opioid Funds.The Abatement Council shall be responsible for releasing Opioid Funds in accordance with Section (3)(1) for the Regional and Statewide Infrastructure Shares in Sections (B)(2)(c) and (d)and shall develop policies and procedures for the release and oversight of such funds in accordance with Sections (F)and (G).Should the Abatement Council require assistance with providing an accounting of Opioid Funds,it may seek assistance from the State. 5 Page 34 (1)The Abatement Council shall appoint one of its members to serve as a point of contact for the purpose of communicating with the entity holding Opioid Funds in accordance with Section (B)(l)and in that role shall only act as directed by the Abatement Council. c.Transparency:The Abatement Council shall operate with all reasonable transparency and operate in a manner consistent with all Colorado laws relating to open records and meetings regardless of whether the Abatement Council is otherwise obligated to comply with them. (i)The Abatement Council shalt develop a centralized public dashboard or other repository for the publication of expenditure data from any Party or Regional Council that receives Opioid Funds in accordance with Sections (D)-(G). (ii)The Abatement Council may also require outcome related data from any Party or Regional Council that receives Opioid Funds in accordance with Sections (D)-(G)and may publish such outcome related data in the centralized public dashboard or other repository described above.In determining which outcome related data may be required,the Abatement Council shall work with all Parties and Regional Councils to identify appropriate data sets and develop reasonable procedures for collecting such data sets so that the administrative burden does not outweigh the benefit of producing such outcome related data. (iii)For purposes of funding the centralized public dashboard or other repository described above,the Abatement Council shall make good faith efforts to seek funding from outside sources first, otherwise the State shall provide such funding. d.Collaboration:The Abatement Council shall facilitate collaboration between the State,Participating Local Governments,Regional Councils, and other stakeholders for the purposes of sharing data,outcomes, strategies,and other relevant information related to abating the opioid crisis in Colorado. e.Decision Making:The Abatement Council shall seek to make all decisions by consensus.In the event consensus cannot be achieved,unless otherwise required in this MOU,the Abatement Council shall make decisions by a majority vote of its Members.The Chair shall only vote in the event of a tie. f.Due Process:The Abatement Council shall develop the due process procedures required by Section (G)(3)(d)for Parties to dispute or challenge remedial actions taken by the Abatement Council for Opioid Funds from the Statewide Infrastructure Share.The Abatement Council 6 Page 35 shall also abide by the due process principles required by Section (F)(12)- (13)for Regions to dispute or challenge remedial actions taken by the Abatement Council for Opioid Funds from the Regional Share. g.Legal Status:The Abatement Council shall not constitute a separate legal entity. h.Legal Representation:To the extent permitted by law,the State shall provide legal counsel to State Members for all legal issues arising from those State Members’ work on the Abatement Council.At all times,Local Government Members of the Abatement Council are entitled to receive legal representation from their respective governmental entities.In the event of a conflict,the Abatement Council and its members may retain the services of other legal counsel. i.Compensation:No member of the Abatement Council shall be compensated for their work related to the Abatement Council. D.State Share In accordance with Sections (B)(l)and (B)(2)(a),and the terms of any Settlement, the State Share shall be paid directly to the State in accordance with the terms of this Section (D). 2.The State maintains full discretion over distribution of the State Share anywhere within the State of Colorado,however,the State Share shall be used for Approved Purposes only.The State will work to reduce administrative costs as much as practicable. 3.On an annual basis,as determined by the Abatement Council,the State shall provide all expenditure data,including administrative costs,from the State Share to the Abatement Council for purposes of maintaining transparency in accordance with Section (C)(4)(c)(i).The Abatement Council may require the State to provide additional outcome-related data in accordance with Section (C)(4)(c)(ii) and the State shall comply with such requirements. 4.If the State disputes the amount of Opioid Funds it receives from the State Share, the State shall alert the Abatement Council within sixty (60)days of discovering the information underlying the dispute.Failure to alert the Abatement Council within this time frame shall not constitute a waiver of the State’s right to seek recoupment of any deficiency in its State Share. E.LG Share In accordance with Sections (B)(1)and (B)(2)(b),and the terms of any Settlement,the LG Share shall be paid directly to Participating Local Governments in accordance with the terms of this Section (E). 7 Page 36 2.Allocations to Participating Local Governments from the LG Share shall first be determined using the percentages shown in Exhibit D. 3.The LG Share for each County Area shall then be allocated among the county and the other Participating Local Governments within it.Exhibit E reflects the default allocation that will apply unless the Participating Local Governments within a County Area enter into a written agreement providing for a different allocation. The Participating Local Governments may elect to modify the allocation for a County Area in Exhibit E,but such modification to the allocation in Exhibit E shall not change a County Area’s total allocation under Section (E)(2). 4.A Local Government that chooses not to become a Participating Local Government will not receive a direct allocation from the LG Share.The portion of the LG Share that would have been allocated to a Local Government that is not a Participating Local Government will instead be re-allocated to the Regional Share for the Region where the Local Government is located,in accordance with Section (F),below. 5.In the event a Participating Local Government dissolves or ceases to exist during the term of any Settlement,the allocation for that Participating Local Government from the LG Share shall be re-allocated as directed by any Settlement,and if not specified,be re-allocated to the Regional Share for the Region in which the Participating Local Government was located,in accordance with Section (F).If a Participating Local Government merges with another Participating Local Government,the allocation for that Participating Local Government from the LG Share shall be re-allocated as directed by any Settlement,and if not specified, shall be re-allocated to the successor Participating Local Government’s allocation of the LG Share.If a Participating Local Government merges with a Local Government that is not a Participating Local Government,the allocation for that Participating Local Government from the LG Share shall be re-allocated as directed by any Settlement,and if not specified,be re-allocated to the Region in which the merging Participating Local Government was located,in accordance with Section (F),below. 6.A Participating Local Government may forego its allocation of the LG Share and direct its allocation to the Regional Share for the Region where the Participating Local Government is located,in accordance with Section (F)below,by affirmatively notifying the Abatement Council on an annual basis of its decision to forego its allocation of the LG Share.A Participating Local Government’s election to forego its allocation of the LG Share shall carry over to the following year unless the Participating Local Government notifies the Abatement Council otherwise.If a Participating Local Government elects to forego its allocation of the LG Share,the Participating Local Government shall be excused from the reporting requirements required by Section (E)(8). 7.Participating Local Governments maintain full discretion over the distribution of their allocation of the LG Share anywhere within the State of Colorado,however, 8 Page 37 all Participating Local Governments shall use their allocation from the LG Share for Approved Purposes only.Reasonable administrative costs for a Participating Local Government to administer its allocation of the LG Share shall not exceed actual costs or 10%of the Participating Local Government’s allocation of the LG Share,whichever is less. 8.On an annual basis,as determined by the Abatement Council,all Participating Local Governments shall provide all expenditure data,including administrative costs,from their allocation of the LG Share to the Abatement Council for purposes of maintaining transparency in accordance with Section (C)(4)(c)(i). The Abatement Council may require Participating Local Governments to provide additional outcome related data in accordance with Section (C)(4)(c)(ii)and all Participating Local Governments shall comply with such requirements. 9.If any Participating Local Government disputes the amount of Opioid funds it receives from its allocation of the LG Share,the Participating Local Government shall alert the Abatement Council within sixty (60)days of discovering the information underlying the dispute.Failure to alert the Abatement Council within this time frame shall not constitute a waiver of the Participating Local Government’s right to seek recoupment of any deficiency in its LG Share. F.Regional Share In accordance with Sections (B)(1)and (B)(2)(c),and the terms of any Settlement, the Regional Share shall be paid to the Regions in accordance with the terms of this Section (F). 2.Participating Local Governments shall organize themselves into the Regions depicted in Exhibit C.Municipalities located in multiple Regions may join all or some of the Regions in which they are located according to Exhibit C. 3.Allocations to Regions will be distributed according to Exhibit F.For multi- county Regions,each Region’s share listed in Exhibit F is calculated by summing the individual percentage shares listed in Exhibit D for the counties within that Region.The percentages in Exhibit F are based on the assumption that every Local Government in each Region becomes a Participating Local Government. 4.In the event a city, town,or other municipality that is a Participating Local Government merges,dissolves,or ceases to exist during the term of any Settlement,the allocation of the Regional Share owed to the Region in which that Participating Local Government existed shall be re-allocated as directed by any Settlement,and if not specified,shall not be modified from Exhibit F.If a county that is a Participating Local Government merges with another county within its Region,the allocation of the Regional Share owed to the Region in which that county existed shall be re-allocated as directed by any Settlement,and if not specified,shall not be modified from Exhibit F.If a county that is a Participating Local Government merges with a county in a different Region during the term of 9 Page 38 any Settlement,the allocation of the Regional Share owed to the Region in which that county existed shall be re-allocated as directed by any Settlement,and if not specified,shall be re-allocated to the Region in which that Participating Local Government merged in accordance with Exhibit F. 5.Each Region must create its own Regional Council while giving consideration to the regional governance models illustrated in Exhibit G.The Regional Council must be formed by the Participating Local Governments within the Region and each Regional Council shall designate a fiscal agent for the Region.Regional fiscal agents shall be county or municipal governments only.All funds from the Regional Share shall be distributed to the Regional Council’s identified fiscal agent for the benefit of the entire Region. a.Subject to this Section F(S),each Region may draft its own intra-regional agreements,bylaws,or other governing documents to determine how the Regional Council will operate.However,each voting member of a Regional Council shall be an employee or elected official of a Participating Local Government within the applicable Region.In the case of Denver,the voting members of its Regional Council shall be appointed by the Mayor.In the case of Broomfield,the voting members of its Regional Council shall be appointed by the Broomfield City and County Manager. b.The Region shall not receive any Opioid Funds from the Regional Share until the Region certifies to the Abatement Council that its Regional Council has been formed and a fiscal agent has been designated.Such certification shall be in a simple form adopted by the Region and may be made via email,so long as it includes the names and affiliations of the Regional Council’s members and the designated fiscal agent. c.If a Region does not fonri and certify its Regional Council and designate its fiscal agent within one-hundred and eighty (1 80)days of the Effective Date,the Abatement Council shall appoint members to the Region’s Regional Council.Regional Council members appointed by the Abatement Council shall serve until the Region certifies the formation of its Regional Council to the Abatement Council. d.A Region shall submit a renewed certification required by Section (F)(5)(b),above,when its membership changes. e.If a membership vacancy exists on a Regional Council for more than ninety (90)days and the Regional Council is unable to fill the vacancy by its regular procedures during that time,the Abatement Council shall appoint a replacement member to serve until the Region fills the vacancy. 10 Page 39 6.A Local Government that chooses not to become a Participating Local Government shall not receive any Opioid Funds from the Regional Share or participate in the Regional Councils described in Section (F)(5)above. 7.Each Regional Council shall make requests to the Abatement Council for Opioid Funds from their allocation of the Regional Share.Each Regional Council’s request for Opioid Funds from the Regional Share shall be accompanied by a 2- year plan identifying the Approved Purposes for which the requested funds will be used by the Region anywhere within the State of Colorado.A Regional Council’s 2-year plan may be amended so long as such amendments comply with the terms of this MOU and any Settlement.Any Regional Council may seek assistance from the Abatement Council for purposes of developing its 2-year plan. 8.Reasonable administrative costs for a Regional Council to administer its Region’s allocation of the Regional Share shall not exceed actual costs or 10%of the Region’s allocation of the Regional Share,whichever is less. 9.The Abatement Council shall release funds requested by a Regional Council in accordance with Section (B)(l)if the Regional Council’s 2-year plan complies with the Approved Purposes,the terms of this MOU,and the terms of any Settlement.The Abatement Council shall not deny any funding request from a Regional Council on the basis that the Abatement Council does not approve or agree with the Approved Purposes for which a Regional Council requests Opioid Funds from the Regional Share.Nor may the Abatement Council hold up,delay, or make unreasonable requests for additional or supporting information of the Regional Council prior to releasing the requested Opioid Funds.The purpose of this MOU is to facilitate Opioid Funds to their intended recipients quickly and efficiently with minimal administrative procedure. 10.On an annual basis,as determined by the Abatement Council,each Regional Council’s fiscal agent shall provide to the Abatement Council the Regional Council’s expenditure data,including administrative costs,from their allocation of the Regional Share and certify to the Abatement Council that the Regional Council’s expenditures were for Approved Purposes and complied with its 2-year plan.The Regional Council shall subject itself to an accounting at the Abatement Council’s discretion. a.The Abatement Council shall review a Regional Council’s expenditure data and certification to ensure compliance with the Regional Council’s 2- year plan,the Approved Purposes,and the terms of this MOU and any Settlement. b.The Abatement Council shall publish the Regional Council’s expenditure data,including administrative costs,from the Regional Share in accordance with Section (C)(4)(c)(i).The Abatement Council may require Regional Councils to provide additional outcome related data in 11 Page 40 accordance with Section (C)(4)(c)(ii)and all Regional Councils shall comply with such requirements. 1 I.If any Regional Council disputes the amount of Opioid Funds it receives from its allocation of the Regional Share,the Regional Council shall alert the Abatement Council within sixty (60)days of discovering the information underlying the dispute.Failure to alert the Abatement Council within this time frame shall not constitute a waiver of the Regional Council’s right to seek recoupment of any deficiency in its Regional Share. 12.If the Abatement Council has reason to believe a Region’s expenditure of its allocation of the Regional Share did not comply with the Region’s 2-year Plan, the Approved Purposes,the terms of this MOU or any Settlement,as described in this Section (F),or that the Region otherwise misused its allocation of the Regional Share,the Abatement Council may take remedial action against the alleged offending Region.Such remedial action is left to the discretion of the Abatement Council and may include but not be limited to,withholding future Opioids Funds owed to the offending Region or requiring the offending Region to reimburse improperly expended Opioid Funds to the Regional Share. 13.Within one hundred and twenty (120) days of the Abatement Council being formed,in accordance with Section (C)(2)(c)above,the Abatement Council shall develop and publish due process procedures fbr allowing a Region to challenge or dispute any remedial action taken by the Abatement Council,including timelines during which the Region may engage in such a challenge or dispute.Such due process procedures shall reflect,at a minimum,the following principles: a.Upon learning of any conduct that may warrant remedial action against a Region,the Abatement Council shall first provide notice to the Region of the conduct at issue,provide the Region an opportunity to respond,and,if appropriate,cure the alleged offending conduct.If after providing the Region such notice and opportunities to respond and cure, the Abatement Council continues to believe remedial action is warranted,the Abatement Council may take such remedial action. b.If the Abatement Council decides to take remedial action against an alleged offending Region,such action may only occur by a two-thirds supermajority vote of the Abatement Council.Thus,an Abatement Council made up of twelve (12)voting members requires a vote of eight (8)Members prior to taking remedial action against an alleged offending Region. c.Prior to taking any remedial action against an alleged offending Region, the Abatement Council shall first provide notice to the alleged offending Region of the remedial action to be taken and the facts underlying such remedial action.The Abatement Council shall then provide the alleged 12 Page 41 offending Region an opportunity to challenge or dispute the remedial action in accordance with,at a minimum,the principles below: 1.The alleged offending Region may request revisions or modifications to the proposed remedial action; ii.The alleged offending Region may submit a written response to and/or request a hearing before the Abatement Council,or a third- party hearing officer,3 regarding the alleged offending conduct and proposed remedial action;and iii.After such written responses are submitted and reviewed and/or a hearing is conducted,the alleged offending Region may submit an appeal to the Abatement Council of the decision to take remedial action. d.Remedial actions taken by the Abatement Council,in accordance with the due process principles detailed above,shall be considered final non- appealable orders and offending Regions may not seek judicial relief from remedial action taken by the Abatement Council,except as provided in Section (H),below. e.Subject to Section (H)(2),below,if any Party(ies)believes the Abatement Council violated the terms of this MOU,such Party(ies)may seek to enforce the terms of this MOU. 14.If the Abatement Council has reason to believe a Region’s conduct,or the conduct of any Participating Local Government or individual in that Region,amounts to a violation of any criminal law, the Abatement Council shall refer such matters to the appropriate authorities and may consider such conduct in its determination of any remedial action to be taken. 15.If the Abatement Council has reason to believe that an individual involved in the receipt or administration of Opioid funds from the Regional Share has violated any applicable ethics rules or codes,the Abatement Council shall not attempt to adjudicate such a violation.In such instances,the Abatement Council shall lodge a complaint with the appropriate forum for handling such ethical matters,such as a local home rule municipality’s ethics board. 16.Costs associated with the Abatement Council’s distribution and oversight of the Regional Share,as described above in this Section (F),including costs associated with any remedial action by the Abatement Council,shall be paid from the Statewide Only an alleged offending Region may request the appointment of a third-party hearing officer to review any written responses and conduct any requested hearings.If an alleged offending Region makes such a request,the Abatement Council has sole discretion to appoint the third-party hearing officer and the alleged offending Region shall bear the cost of such review and/or hearing by the third-party hearing officer. 13 Page 42 Infrastructure Share.The Abatement Council shall make all good faith efforts to limit such costs to the greatest extent possible. G.Statewide Infrastructure Share In accordance with Sections 3(1)and (B)(2)(d),and the terms of any Settlement, the Statewide Infrastructure Share shall be paid to any Party or Regional Council in accordance with this Section (G). 2.The purpose of the Statewide Infrastructure Share is to promote capital improvements and provide operational assistance for developing or improving the infrastructure necessary to abate the opioid crisis anywhere within the State of Colorado.The Statewide Infrastructure Share is intended to supplement Opioid Funds received by any Party or Region. 3.Prior to distributing any Opioid Funds from the Statewide Infrastructure Share, the Abatement Council shall establish and publish policies and procedures for the distribution and oversight of the Statewide Infrastructure Share,including processes for Parties or Regions to apply for Opioid Funds from the Statewide Infrastructure Share.The Abatement Council’s policies and procedures shall,at a minimum,reflect the following principles: a.Opioid Funds from the Statewide Infrastructure Share shall be used for Approved Purposes only; b.Opioid Funds from the Statewide Infrastructure Share shall be paid directly to the appropriate state agencies (including but not limited to the Colorado Department of Law),Regional fiscal agents,or Participating Local Governments only; c.Distribution and oversight of the Statewide Infrastructure Share shall comply with the terms of this MOU and any Settlement; d.Appropriate processes for remedial action will be taken against Parties or Regions that misuse Opioid Funds from the Statewide Infrastructure Share.Such processes shall include procedures for alleged offending Parties or Regions to challenge or dispute such remedial action;and e.Limitations on administrative costs to be expended by recipients for administering Opioid Funds received from the Statewide Infrastructure Fund, not to exceed actual costs expended by the recipient or 10%of the amount received,whichever is less. 4.The distribution and oversight policies and procedures developed by the Abatement Council,in accordance with Section (G)(3), shall be non-appealable orders and no Party or Region may seek judicial relief related to the distribution and oversight of the Statewide Infrastructure Share. 14 Page 43 5.On an annual basis,as determined by the Abatement Council,any Party or Regional Council that receives funds from the Statewide Infrastructure Share shall provide all expenditure data,including administrative costs,related to any Opioid funds it received from the Statewide Infrastructure Share and subject itself to an accounting as required by the Abatement Council.The Abatement Council shall publish all expenditure data from the Statewide Infrastructure Share in accordance with Section (C)(4)(c)(i). The Abatement Council may require the Parties or Regional Councils that receive funds from the Statewide Infrastructure Share to provide additional outcome related data in accordance with Section (C)(4)(c)(ii) and the Parties or Regional Councils shall comply with such requirements. 6.Costs associated with the Abatement Council’s distribution and oversight of the Statewide Infrastructure Share,as described in this Section (G),shall be paid for from the Statewide Infrastructure Share.The Abatement Council shall make all good faith efforts to limit such costs to the greatest extent possible. W General Terms All Parties and Regional Councils shall maintain all records related to the receipt and expenditure of Opioid funds for no less than five (5)years and shall make such records available for review by the Abatement Council,any other Party or Regional Council,or the public.Records requested by the public shall be produced in accordance with Colorado’s open records laws.Records requested by the Abatement Council or another Party or a Regional Council shall be produced within twenty-one (21)days of the date the record request was received.This requirement does not supplant any Party or Regional Council’s obligations under Colorado’s open records laws. 2.If any Party(ies)believes the Abatement Council has violated the terms of this MOU,the alleging Party(ies)may seek to enforce the terms of this MOU, provided the alleging Party(ies)first provides notice to the Abatement Council of the alleged violation and a reasonable opportunity to cure the alleged violation.In such an enforcement action,the alleging Party(ies)may only seek to enforce the terms of the MOU against the State and the Participating Local Governments from which the Local Government Members of the Abatement Council were appointed and may only seek declaratory and/or injunctive relief.In defense of such an enforcement action,the State’s Members of the Abatement Council shall be represented by the State and the Local Government Members shall be represented by the Participating Local Governments from which the Local Government Members were appointed.In the event of a conflict,the Abatement Council and its Members may seek outside representation to defend itself against such an enforcement action. 3.If any Party(ies)believes another Party(ies),not including the Abatement Council, violated the terms of this MOU,the alleging Party(ies)may seek to enforce the terms of this MOU in the court in which any applicable Settlement(s)was entered, provided the alleging Party(ies)first provide the alleged offending Party(ies) 15 Page 44 notice of the alleged violation(s)and a reasonable opportunity to cure the alleged violation(s).In such an enforcement action,any alleging Party or alleged offending Party(ies) may be represented by their respective public entity in accordance with Colorado law. 4.Nothing in this MOU shalt be interpreted to waive the right of any Party to seek judicial relief for conduct occurring outside the scope of this MOU that violates any Colorado law.In such an action,the alleged offending Party(ies),including the Abatement Council,may be represented by their respective public entities in accordance with Colorado law.In the event of a conflict,any Party, including the Abatement Council and its Members,may seek outside representation to defend itself against such an action. 5.If any Party(ies)believes another Party(ies),Region(s),or individual(s) involved in the receipt,distribution,or administration of Opioids funds has violated any applicable ethics codes or rules,a complaint shall be lodged with the appropriate forum for handling such matters,such as a local home rule municipality’s ethics board. 6.If any Party(ies)believes another Party(ies),Region(s),or individual(s)involved in the receipt,distribution,or administration of Opioid funds violated any Colorado criminal law,such conduct shall be reported to the appropriate criminal authorities. 7.Venue for any legal action related to this MOU shall be in a court of competent jurisdiction where any applicable Settlement(s)is entered. 8.Because recovery under the terms of different Settlement(s)may vary depending on the number of Parties required to effectuate a Settlement,the Parties may conditionally agree to sign on to the MOU through a letter of intent,resolution or similar written statement,declaration or pronouncement declaring their intent to sign on to the MOU if the threshold for Party participation in a specific Settlement is achieved.4 9.This MOU may be executed in two or more counterparts,each of which shalt be deemed an original,but all of which shall constitute one and the same instrument. The Parties approve the use of electronic signatures for execution of this MOU. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act,C.R.S.§24-71.3-101,et seq.The Parties agree not to deny the legal effect or enforceability of the MOU solely because it is in electronic form or for instance,the July 21,2021 “Distributor Settlement Agreement”includes a “Subdivision Settlement Agreement form”that,once filled out and executed,is meant to indicate that Local Government’s (or Subdivision’s)election to participate in that Distributor Settlement and also,to require that Local Government to take steps to formally release any claim it may have against the Settling Distributors,With regard to the Distributor Settlement Agreement or any other Settlements that include a form similar to the Subdivision Settlement Agreement form,the Parties may still conditionally agree to sign on to the MOU if,for instance,the threshold for Party participation in a specific Settlement is achieved. 16 Page 45 because an electronic record was used in its formation.The Parties agree not to object to the admissibility of the MOU in the form of an electronic record,or a paper copy of an electronic document,or a paper copy of a document bearing an electronic signature,on the ground that it is an electronic record or electronic signature or that it is not in its original form or is not an original. 10.Each party represents that all procedures necessary to authorize such Party’s execution of this MOU have been performed and that the person signing for such Party has been authorized to execute the MOU. Payment of Counsel and Litigation Expenses Through a Back-Stop Fund Some Settlements,including the McKesson Corporation,Cardinal Health,Inc., and AmerisourceBergen Corporation (“Distributor”)and Johnson & Johnson/Janssen (“J&J”)settlements,may provide for the payment of all or a portion of the fees and litigation expenses owed by Participating Local Governments to counsel specifically retained to file suit in the opioid litigation.If any Settlement is insufficient to cover the fee obligations of the Participating Local Governments (as discussed and modified by Judge Poister’s Order of August 6 regarding fees for the Distributor and J&J settlements),the deficiencies will be covered as set forth in further detail below. 2.The Parties also recognize that,as in the Distributor and J&J settlements,certain Opioid Settling Defendants may offer premiums benefiting the entire state of Colorado when Participating Local Governments agree to the Settlement(s), thereby settling their claims in their on-going lawsuits.for example, below is the chart illustrating how Incentive Payment B (a 25%premium to the entire state) works in the Distributor Settlement at Section IV.f.2.b (p.20): Percentage of litigating Subdivision Population that is Incentive B Eligible Subdivision Incentive Paynwn t B Population5 Eligihilit Percentage Up_to_O 85°—30’ 86+40 91+50°o 95+60°c 99%_9500 l00’o l0t)° 3.If the court in In Re.National Prescription Opiate Litigation,MDL No.2804 (N.D.Ohio),or if a Settlement establishes a common benefit fund or similar device to compensate attorneys for services rendered and expenses incurred that have benefited plaintiffs generally in the litigation (the “Common Benefit Fund”), 17 Page 46 and/or requires certain governmental plaintiffs to pay a share of their recoveries from defendants into the Common Benefit Fund (“Court-Ordered Common Benefit Fund Assessment”),then the Participating Local Governments shall be required to first seek to have their attorneys’fees and expenses paid through the Common Benefit Fund. 4.For the Distributor and J&J settlements only,counsel for Participating Local Governments shall have their expenses otherwise recoverable from Colorado Participating Local Governments compensated only through the Common Benefit Fund(s)established in those settlement(s).For the avoidance of doubt,counsel for Participating Local Governments may recover their attorneys’fees through the Distributor and J&J settlements and through the other applicable provisions of this Section (1). 5.In addition,as a means of covering any deficiencies in paying counsel for Participating Local Governments,a supplemental Colorado Attorney Fee Back Stop Fund shall be established.The Colorado Attorney Fee Back-Stop Fund is to be used to compensate counsel for Participating Local Governments that filed an initial complaint in the opioid litigation by September 1,2020 (“Litigating Participating Local Governments”). 6.Payments out of the Colorado Attorney Fee Back-Stop Fund shall be determined by a committee (the “Opioid Fee and Expense Committee”).The Opioid fee and Expense Committee shall consist of the following five (5)members: a.One (1)member appointed by CCI from a litigating county or from a litigating county and city municipal corporation; b.One (1)member appointed by CML from a litigating city; c.One (1)member appointed jointly by CCI and CML from a non-litigating county or city; d.One (1)member appointed by the Attorney General’s Office;and e.One (1)neutral member jointly appointed by all of the other members listed above. 7.The Colorado Attorney Fee Back-Stop Fund shall be funded as follows from any Settlement, excluding settlements involving McKinsey and payments resulting from the Purdue or Mallinckrodt bankruptcy.For purposes only of calculating the funding of the Colorado Attorney Fee Back-Stop Fund,the Parties deem 58%of the total LG Share and Regional Share to be attributable to the Litigating Local Governments.The Colorado Attorney Fee Back-Stop Fund shall be funded by 8.7%of the total LG Share and 4.35%of the total Regional Share at the time such funds are actually received.No funds deposited into the Colorado Attorney Fee Back-Stop Fund will be taken from the Statewide Infrastructure Share or State Share. 18 Page 47 8.Counsel for Litigating Participating Local Governments may apply to the Colorado Attorney Fee Back-Stop Fund only after applying to the Common Benefit Fund. 9.Counsel for Litigating Participating Local Governments may apply to the Colorado Attorney Fee Back-Stop Fund for only a shortfall —that is,the difference between what their fee agreements would entitle them to (as limited by this Section (I))minus what they have already collected from the Common Benefit fund (including both the “common benefit”and “contingency fee” calculations,if any).If they receive fees/costs for common benefit work in the national fee fund,these fees/costs will be allocated proportionately across all their local government opioid clients based on the allocation model used in the Negotiation Class website to allocate the appropriate portion to Colorado clients. 10.Counsel for Litigating Participating Local Governments are limited to being paid, at most,and assuming adequate funds are available in any Common Benefit fund and Colorado Attorney fee Back-Stop Fund,fees in an amount equal to 15%of the LG Share and 7.5%of the Regional Share attributable to their Colorado clients. 11.Any funds remaining in the Colorado Attorney fee Back-Stop Fund in excess of the amounts needed to cover the fees and litigation expenses owed by Litigating Participating Local Governments to their respective counsel shall revert to the Participating Local Governments according to the allocations described in Sections (E)and (F).Every two years,the Opioid Fee and Expense Committee shall assess the amount remaining in the Colorado Attorney Fee Back-Stop Fund to determine if it is overfunded. 12.Despite the fact that a litigating entity bonus benefits the entire state,no portion of the State Share shall be used to fund the Colorado Attorney fee Back-Stop Fund or in any other way to fund any Participating Local Government’s attorneys’fees and expenses.Because the state did not hire outside counsel,any funds for attorneys fees that the state receives from the J&J and Distributor settlement will be deposited into the State Share. 13.To participate in the Colorado Attorney Fee Back-Stop Fund,counsel must follow the requirements of C.R.S.§13-17-304. 19 Page 48 This Colorado Opioids Settlement Memorandum of Understanding is signed this day of____________O2J by: Colorado\.tiey General Philip J.Weiser 20 Page 49 This Colorado Opioids Settlement Memorandum of Understanding is signed this 2fiay of \)OJLfr L 2V by: Name &TitLe ) On behalf of 1&ur C tst ?o--k ATTEST: ToC1erk APPROVED AS TO FORM: [own Attorney 21 Page 50 Exhibit A Page 51 POTENTIAL OPIOID ABATEMENT APPROVED PURPOSES I.TREATMENT A.TREATMENT OF OPIOID USE DISORDER AND ITS EFFECTS 1.Expand availability of treatment, including Medication-Assisted Treatment (MAT), for Opioid Use Disorder (OUD) and any co-occurring substance use or mental health issues. 2.Supportive housing, all forms of FDA-approved MAT, counseling, peer-support, recovery case management and residential treatment with access to medications for those who need it. 3.Treatment of mental health trauma issues that resulted from the traumatic experiences of the opioid user (e.g., violence, sexual assault, human trafficking) and for family members (e.g., surviving family members after an overdose or overdose fatality). 4.Expand telehealth to increase access to OUD treatment, including MAT, as well as counseling, psychiatric support, and other treatment and recovery support services. 5.Fellowships for addiction medicine specialists for direct patient care, instructors, and clinical research for treatments. 6.Scholarships for certified addiction counselors. 7.Clinicians to obtain training and a waiver under the federal Drug Addiction Treatment Act to prescribe MAT for OUD. 8.Training for health care providers, students, and other supporting professionals, such as peer recovery coaches/recovery outreach specialists, including but not limited to training relating to MAT and harm reduction. 9.Dissemination of accredited web-based training curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service-Opioids web-based training curriculum and motivational interviewing. 10.Development and dissemination of new accredited curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service Medication-Assisted Treatment. 11.Development of a multistate/nationally accessible database whereby health care providers can list currently available in-patient and out-patient OUD treatment services that are accessible on a real-time basis. EXHIBIT A Page 52 12.Support and reimburse services that include the full American Society of Addiction Medicine (ASAM) continuum of care for OUD. 13.Improve oversight of Opioid Treatment Programs (OTPs) to assure evidence- informed practices such as adequate methadone dosing. B.INTERVENTION 1.Ensure that health care providers are screening for OUD and other risk factors and know how to appropriately counsel and treat (or refer, if necessary) a patient for OUD treatment. 2.Fund Screening, Brief Intervention and Referral to Treatment (SBIRT) programs to reduce the transition from use to disorder. 3.Training and long-term implementation of SBIRT in key systems (health, schools, colleges, criminal justice, and probation), with a focus on the late adolescence and young adulthood when transition from misuse to opioid disorder is most common. 4.Purchase automated versions of SBIRT and support ongoing costs of the technology. 5.Training for emergency room personnel treating opioid overdose patients on post- discharge planning, including community referrals for MAT, recovery case management and/or support services. 6.Support work of Emergency Medical Systems, including peer support specialists, to connect individuals to treatment or other appropriate services following an opioid overdose or other opioid-related adverse event. 7.Create school-based contacts whom parents can engage to seek immediate treatment services for their child. 8.Develop best practices on addressing OUD in the workplace. 9.Support assistance programs for health care providers with OUD. 10.Engage non-profits and faith community as a system to support outreach for treatment. C.CRIMINAL-JUSTICE-INVOLVED PERSONS 1.Address the needs of persons involved in the criminal justice system who have OUD and any co-occurring substance use disorders or mental health (SUD/MH) issues. EXHIBIT A Page 53 2.Support pre-arrest diversion and deflection strategies for persons with OUD and any co-occurring SUD/MH issues, including established strategies such as: a.Self-referral strategies such as Angel Programs or the Police Assisted Addiction Recovery Initiative (PAARI); b.Active outreach strategies such as the Drug Abuse Response Team (DART) model; c.“Naloxone Plus” strategies, which work to ensure that individuals who have received Naloxone to reverse the effects of an overdose are then linked to treatment programs; d.Officer prevention strategies, such as the Law Enforcement Assisted Diversion (LEAD) model; or e.Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network. 3.Support pre-trial services that connect individuals with OUD and any co- occurring SUD/MH issues to evidence-informed treatment, including MAT, and related services. 4.Support treatment and recovery courts for persons with OUD and any co- occurring SUD/MH issues, but only if they provide referrals to evidence-informed treatment, including MAT. 5.Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co- occurring SUD/MH issues who are incarcerated, on probation, or on parole. 6.Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate re-entry services to individuals with OUD and any co-occurring SUD/MH issues who are leaving jail or prison or who have recently left jail or prison. 7.Support critical time interventions (CTI), particularly for individuals living with dual-diagnosis OUD/serious mental illness, and services for individuals who face immediate risks and service needs and risks upon release from correctional settings. D.WOMEN WHO ARE OR MAY BECOME PREGNANT 1.Evidence-informed treatment, including MAT, recovery, and prevention services for pregnant women or women who could become pregnant and have OUD. 2.Training for obstetricians and other healthcare personnel that work with pregnant women and their families regarding OUD treatment. EXHIBIT A Page 54 3.Other measures to address Neonatal Abstinence Syndrome, including prevention, care for addiction and education programs. 4.Child and family supports for parenting women with OUD. 5.Enhanced family supports and child care services for parents receiving treatment for OUD. E.PEOPLE IN TREATMENT AND RECOVERY 1.The full continuum of care of recovery services for OUD and any co-occurring substance use or mental health issues, including supportive housing, residential treatment, medical detox services, peer support services and counseling, community navigators, case management, and connections to community-based services. 2.Identifying successful recovery programs such as physician, pilot, and college recovery programs, and providing support and technical assistance to increase the number and capacity of high-quality programs to help those in recovery. 3.Training and development of procedures for government staff to appropriately interact and provide social and other services to current and recovering opioid users, including reducing stigma. 4.Community-wide stigma reduction regarding treatment and support for persons with OUD, including reducing the stigma on effective treatment. 5.Engaging non-profits and faith community as a system to support family members in their efforts to help the opioid user in the family. II.PREVENTION F.PRESCRIBING PRACTICES 1.Training for health care providers regarding safe and responsible opioid prescribing, dosing, and tapering patients off opioids. 2.Academic counter-detailing. 3.Continuing Medical Education (CME) on prescribing of opioids. 4.Support for non-opioid pain treatment alternatives, including training providers to offer or refer to multi-modal, evidence-informed treatment of pain. 5.Fund development of a multistate/national prescription drug monitoring program (PDMP) that permits information sharing while providing appropriate safeguards on sharing of private information, including but not limited to: EXHIBIT A Page 55 a.Integration of PDMP data with electronic health records, overdose episodes, and decision support tools for health care providers relating to OUD. b.Ensuring PDMPs incorporate available overdose/naloxone deployment data, including the United States Department of Transportation’s Emergency Medical Technician overdose database. 6.Educating dispensers on appropriate opioid dispensing. G.MISUSE OF OPIOIDS 1.Corrective advertising/affirmative public education campaigns. 2.Public education relating to drug disposal. 3.Drug take-back disposal or destruction programs. 4.Fund community anti-drug coalitions that engage in drug-abuse prevention efforts. 5.School-based programs that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids. 6.Support community coalitions in implementing evidence-informed prevention, such as reduced social access and physical access, stigma reduction – including staffing, educational campaigns, or training of coalitions in evidence-informed implementation. 7.School and community education programs and campaigns for students, families, school employees, school athletic programs, parent-teacher and student associations, and others. 8.Engaging non-profits and faith community as a system to support prevention. H.OVERDOSE DEATHS AND OTHER HARMS 1.Increasing availability and distribution of naloxone and other drugs that treat overdoses to first responders, overdose patients, opioid users, families and friends of opioid users, schools, community navigators and outreach workers, drug offenders upon release from jail/prison, and other members of the general public. 2.Training and education regarding naloxone and other drugs that treat overdoses for first responders, overdose patients, patients taking opioids, families, schools, and other members of the general public. EXHIBIT A Page 56 3.Developing data tracking software and applications for overdoses/naloxone revivals. 4.Public education relating to emergency responses to overdoses. 5.Free naloxone for anyone in the community. 6.Public education relating to immunity and Good Samaritan laws. 7.Educating first responders regarding the existence and operation of immunity and Good Samaritan laws. 8.Syringe service programs, including supplies, staffing, space, peer support services, and the full range of harm reduction and treatment services provided by these programs. 9.Expand access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use. III.ADDITIONAL AREAS I.SERVICES FOR CHILDREN 1.Support for children’s services: Fund additional positions and services, including supportive housing and other residential services, relating to children being removed from the home and/or placed in foster care due to custodial opioid use. J.FIRST RESPONDERS 1.Law enforcement expenditures relating to the opioid epidemic. 2.Educating first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs. 3.Increase electronic prescribing to prevent diversion and forgery. K.COMMUNITY LEADERSHIP 1.Regional planning to identify goals for opioid reduction and support efforts or to identify areas and populations with the greatest needs for treatment intervention services. 2.Government dashboard to track key opioid-related indicators and supports as identified through collaborative community processes. EXHIBIT A Page 57 L.STAFFING AND TRAINING 1.Funding for programs and services regarding staff training and networking to improve staff capability to abate the opioid crisis. 2.Support infrastructure and staffing for collaborative cross-systems coordination to prevent opioid misuse, prevent overdoses, and treat those with OUD (e.g., health care, primary care, pharmacies, PDMPs, etc.). M.RESEARCH 1.Funding opioid abatement research. 2.Research improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to OUD. 3.Support research for novel harm reduction and prevention efforts such as the provision of fentanyl test strips. 4.Support for innovative supply-side enforcement efforts such as improved detection of mail-based delivery of synthetic opioids. 5.Expanded research for swift/certain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances (e.g. Hawaii HOPE and Dakota 24/7). 6.Research expanded modalities such as prescription methadone that can expand access to MAT. N.OTHER 1.Administrative costs for any of the approved purposes on this list. 4828-8658-5793, v. 8 EXHIBIT A Page 58 Exhibit B Page 59 Colorado Local Governments* Government Name County Gov't Type Multi- County Adams County Adams County Arvada Adams City 2 counties Aurora Adams City 3 counties Bennett Adams City 2 counties Brighton Adams City 2 counties Commerce City Adams City Federal Heights Adams City Lochbuie Adams City 2 counties Northglenn Adams City 2 counties Thornton Adams City 2 counties Westminster Adams City 2 counties Alamosa County Alamosa County Alamosa Alamosa City Hooper Alamosa City Arapahoe County Arapahoe County Aurora Arapahoe City 3 counties Bennett Arapahoe City 2 counties Bow Mar Arapahoe City 2 counties Centennial Arapahoe City Cherry Hills Village Arapahoe City Columbine Valley Arapahoe City Deer Trail Arapahoe City Englewood Arapahoe City Foxfield Arapahoe City Glendale Arapahoe City Greenwood Village Arapahoe City Littleton Arapahoe City 3 counties Sheridan Arapahoe City Archuleta County Archuleta County Pagosa Springs Archuleta City Baca County Baca County Campo Baca City Pritchett Baca City Springfield Baca City Two Buttes Baca City Vilas Baca City Walsh Baca City Bent County Bent County Las Animas Bent City Boulder County Boulder County Boulder Boulder City Erie Boulder City 2 counties Jamestown Boulder City Lafayette Boulder City 1 EXHIBIT B Page 60 Colorado Local Governments* Government Name County Gov't Type Multi- County Longmont Boulder City 2 counties Louisville Boulder City Lyons Boulder City Nederland Boulder City Superior Boulder City 2 counties Ward Boulder City Broomfield Broomfield City/County Chaffee County Chaffee County Buena Vista Chaffee City Poncha Springs Chaffee City Salida Chaffee City Cheyenne County Cheyenne County Cheyenne Wells Cheyenne City Kit Carson Cheyenne City Clear Creek County Clear Creek County Central City Clear Creek City 2 counties Empire Clear Creek City Georgetown Clear Creek City Idaho Springs Clear Creek City Silver Plume Clear Creek City Conejos County Conejos County Antonito Conejos City La Jara Conejos City Manassa Conejos City Romeo Conejos City Sanford Conejos City Costilla County Costilla County Blanca Costilla City San Luis Costilla City Crowley County Crowley County Crowley Crowley City Olney Springs Crowley City Ordway Crowley City Sugar City Crowley City Custer County Custer County Silver Cliff Custer City Westcliffe Custer City Delta County Delta County Cedaredge Delta City Crawford Delta City Delta Delta City Hotchkiss Delta City Orchard City Delta City Paonia Delta City 2 EXHIBIT B Page 61 Colorado Local Governments* Government Name County Gov't Type Multi- County Denver Denver City/County Dolores County Dolores County Dove Creek Dolores City Rico Dolores City Douglas County Douglas County Aurora Douglas City 3 counties Castle Pines Douglas City Castle Rock Douglas City Larkspur Douglas City Littleton Douglas City 3 counties Lone Tree Douglas City Parker Douglas City Eagle County Eagle County Avon Eagle City Basalt Eagle City 2 counties Eagle Eagle City Gypsum Eagle City Minturn Eagle City Red Cliff Eagle City Vail Eagle City El Paso County El Paso County Calhan El Paso City Colorado Springs El Paso City Fountain El Paso City Green Mountain Falls El Paso City 2 counties Manitou Springs El Paso City Monument El Paso City Palmer Lake El Paso City Ramah El Paso City Elbert County Elbert County Elizabeth Elbert City Kiowa Elbert City Simla Elbert City Fremont County Fremont County Brookside Fremont City Cañon City Fremont City Coal Creek Fremont City Florence Fremont City Rockvale Fremont City Williamsburg Fremont City Garfield County Garfield County Carbondale Garfield City Glenwood Springs Garfield City New Castle Garfield City 3 EXHIBIT B Page 62 Colorado Local Governments* Government Name County Gov't Type Multi- County Parachute Garfield City Rifle Garfield City Silt Garfield City Gilpin County Gilpin County Black Hawk Gilpin City Central City Gilpin City 2 counties Grand County Grand County Fraser Grand City Granby Grand City Grand Lake Grand City Hot Sulphur Springs Grand City Kremmling Grand City Winter Park Grand City Gunnison County Gunnison County Crested Butte Gunnison City Gunnison Gunnison City Marble Gunnison City Mount Crested Butte Gunnison City Pitkin Gunnison City Hinsdale County Hinsdale County Lake City Hinsdale City Huerfano County Huerfano County La Veta Huerfano City Walsenburg Huerfano City Jackson County Jackson County Walden Jackson City Jefferson County Jefferson County Arvada Jefferson City 2 counties Bow Mar Jefferson City 2 counties Edgewater Jefferson City Golden Jefferson City Lakeside Jefferson City Lakewood Jefferson City Littleton Jefferson City 3 counties Morrison Jefferson City Mountain View Jefferson City Superior Jefferson City 2 counties Westminster Jefferson City 2 counties Wheat Ridge Jefferson City Kiowa County Kiowa County Eads Kiowa City Haswell Kiowa City Sheridan Lake Kiowa City Kit Carson County Kit Carson County 4 EXHIBIT B Page 63 Colorado Local Governments* Government Name County Gov't Type Multi- County Bethune Kit Carson City Burlington Kit Carson City Flagler Kit Carson City Seibert Kit Carson City Stratton Kit Carson City Vona Kit Carson City La Plata County La Plata County Bayfield La Plata City Durango La Plata City Ignacio La Plata City Lake County Lake County Leadville Lake City Larimer County Larimer County Berthoud Larimer City 2 counties Estes Park Larimer City Fort Collins Larimer City Johnstown Larimer City 2 counties Loveland Larimer City Timnath Larimer City 2 counties Wellington Larimer City Windsor Larimer City 2 counties Las Animas County Las Animas County Aguilar Las Animas City Branson Las Animas City Cokedale Las Animas City Kim Las Animas City Starkville Las Animas City Trinidad Las Animas City Lincoln County Lincoln County Arriba Lincoln City Genoa Lincoln City Hugo Lincoln City Limon Lincoln City Logan County Logan County Crook Logan City Fleming Logan City Iliff Logan City Merino Logan City Peetz Logan City Sterling Logan City Mesa County Mesa County Collbran Mesa City De Beque Mesa City Fruita Mesa City 5 EXHIBIT B Page 64 Colorado Local Governments* Government Name County Gov't Type Multi- County Grand Junction Mesa City Palisade Mesa City Mineral County Mineral County City of Creede Mineral City Moffat County Moffat County Craig Moffat City Dinosaur Moffat City Montezuma County Montezuma County Cortez Montezuma City Dolores Montezuma City Mancos Montezuma City Montrose County Montrose County Montrose Montrose City Naturita Montrose City Nucla Montrose City Olathe Montrose City Morgan County Morgan County Brush Morgan City Fort Morgan Morgan City Hillrose Morgan City Log Lane Village Morgan City Wiggins Morgan City Otero County Otero County Cheraw Otero City Fowler Otero City La Junta Otero City Manzanola Otero City Rocky Ford Otero City Swink Otero City Ouray County Ouray County Ouray Ouray City Ridgway Ouray City Park County Park County Alma Park City Fairplay Park City Phillips County Phillips County Haxtun Phillips City Holyoke Phillips City Paoli Phillips City Pitkin County Pitkin County Aspen Pitkin City Basalt Pitkin City 2 counties Snowmass Village Pitkin City Prowers County Prowers County 6 EXHIBIT B Page 65 Colorado Local Governments* Government Name County Gov't Type Multi- County Granada Prowers City Hartman Prowers City Holly Prowers City Lamar Prowers City Wiley Prowers City Pueblo County Pueblo County Boone Pueblo City Pueblo Pueblo City Rye Pueblo City Rio Blanco County Rio Blanco County Meeker Rio Blanco City Rangely Rio Blanco City Rio Grande County Rio Grande County Center Rio Grande City 2 counties Del Norte Rio Grande City Monte Vista Rio Grande City South Fork Rio Grande City Routt County Routt County Hayden Routt City Oak Creek Routt City Steamboat Springs Routt City Yampa Routt City Saguache County Saguache County Bonanza Saguache City Center Saguache City 2 counties Crestone Saguache City Moffat Saguache City Saguache Saguache City San Juan County San Juan County Silverton San Juan City San Miguel County San Miguel County Mountain Village San Miguel City Norwood San Miguel City Ophir San Miguel City Sawpit San Miguel City Telluride San Miguel City Sedgwick County Sedgwick County Julesburg Sedgwick City Ovid Sedgwick City Sedgwick Sedgwick City Summit County Summit County Blue River Summit City Breckenridge Summit City Dillon Summit City 7 EXHIBIT B Page 66 Colorado Local Governments* Government Name County Gov't Type Multi- County Frisco Summit City Montezuma Summit City Silverthorne Summit City Teller County Teller County Cripple Creek Teller City Green Mountain Falls Teller City 2 counties Victor Teller City Woodland Park Teller City Washington County Washington County Akron Washington City Otis Washington City Weld County Weld County Ault Weld City Berthoud Weld City 2 counties Brighton Weld City 2 counties Dacono Weld City Eaton Weld City Erie Weld City 2 counties Evans Weld City Firestone Weld City Fort Lupton Weld City Frederick Weld City Garden City Weld City Gilcrest Weld City Greeley Weld City Grover Weld City Hudson Weld City Johnstown Weld City 2 counties Keenesburg Weld City Kersey Weld City La Salle Weld City Lochbuie Weld City 2 counties Longmont Weld City 2 counties Mead Weld City Milliken Weld City Northglenn Weld City 2 counties Nunn Weld City Pierce Weld City Platteville Weld City Raymer (New Raymer)Weld City Severance Weld City Thornton Weld City 2 counties Timnath Weld City 2 counties Windsor Weld City 2 counties 8 EXHIBIT B Page 67 Colorado Local Governments* Government Name County Gov't Type Multi- County Yuma County Yuma County Eckley Yuma City Wray Yuma City Yuma Yuma City *This list includes all 64 Colorado counties and all 271 municipalities listed in the 2019 Census. Cities located in multiple counties are listed under each corresponding county subheading. City and County of Denver and City and County of Broomfield are counted in both the city and county totals. The City of Carbonate is not included in this list, as there was no population in the 2019 Census data. 9 This list will be reconciled as necessary to be consistent with the terms of Settlement(s) with Opioid Settling Defendant(s) EXHIBIT B Page 68 Exhibit C Page 69 EXHIBIT C Page 70 Exhibit D Page 71 Exhibit D - Allocations to Colorado County Areas County Percentage of LG Share Adams 9.4247% Alamosa 0.5081% Arapahoe 10.8071% Archuleta 0.1370% Baca 0.0592% Bent 0.1133% Boulder 5.7936% Broomfield 1.0014% Chaffee 0.3604% Cheyenne 0.0159% Clear Creek 0.1380% Conejos 0.2108% Costilla 0.0552% Crowley 0.0934% Custer 0.0412% Delta 0.5440% Denver 15.0042% Dolores 0.0352% Douglas 3.6696% Eagle 0.6187% El Paso 11.9897% Elbert 0.2804% Fremont 0.9937% Garfield 0.8376% Gilpin 0.0561% Grand 0.2037% Gunnison 0.1913% Hinsdale 0.0112% Huerfano 0.2505% Jackson 0.0310% Jefferson 10.5173% Kiowa 0.0142% Kit Carson 0.0940% La Plata 0.8127% Lake 0.0990% Larimer 6.5211% Las Animas 0.6304% Lincoln 0.0819% Logan 0.3815% Mesa 2.8911% Mineral 0.0039% Moffat 0.2326% Montezuma 0.4429% Page 1 EXHIBIT D Page 72 Montrose 0.5695% Morgan 0.4677% Otero 0.4486% Ouray 0.0535% Park 0.1674% Phillips 0.0714% Pitkin 0.1747% Prowers 0.1727% Pueblo 5.6757% Rio Blanco 0.1013% Rio Grande 0.2526% Routt 0.3837% Saguache 0.0666% San Juan 0.0097% San Miguel 0.1005% Sedgwick 0.0618% Summit 0.3761% Teller 0.6219% Washington 0.0357% Weld 3.8908% Yuma 0.0992% TOTAL 100.0000% Page 2 EXHIBIT D Page 73 Exhibit E Page 74 Government Name Intracounty Share Adams County 68.3372% Arvada (2 Counties)0.2632% Aurora (3 Counties)4.6336% Bennett (2 Counties)0.1670% Brighton (2 Counties)1.4527% Commerce City 4.7314% Federal Heights 1.1457% Lochbuie (2 Counties)0.0001% Northglenn (2 Counties)2.0913% Thornton (2 Counties)10.6435% Westminster (2 Counties)6.5342% Alamosa County 85.3075% Alamosa 14.6818% Hooper 0.0108% Arapahoe County 42.7003% Aurora (3 Counties)35.5997% Bennett (2 Counties)0.0324% Bow Mar (2 Counties)0.0159% Centennial 0.4411% Cherry Hills Village 0.6685% Columbine Valley 0.1601% Deer Trail 0.0003% Englewood 5.5850% Foxfield 0.0372% Glendale 1.2289% Greenwood Village 2.8305% Littleton (3 Counties)8.5654% Sheridan 2.1347% Archuleta County 90.0864% Pagosa Springs 9.9136% Baca County 85.9800% Campo 2.4443% Pritchett 1.5680% Springfield 7.0100% Exhibit E - Intracounty Allocations1,2 The below chart depicts the default percentage that each Local Government will receive from the LG Share amount attributed to its County Area, as described in Section (E)(3) of the MOU. The chart assumes full participation by all Local Governments Page 1 EXHIBIT E Page 75 Government Name Intracounty Share Two Buttes 0.4766% Vilas 0.9070% Walsh 1.6141% Bent County 80.9608% Las Animas 19.0392% Boulder County 47.6311% Boulder 31.7629% Erie (2 Counties)0.3634% Jamestown 0.0086% Lafayette 3.3203% Longmont (2 Counties)14.6833% Louisville 1.4455% Lyons 0.5916% Nederland 0.1646% Superior (2 Counties)0.0258% Ward 0.0030% Broomfield County/City 100.0000% Chaffee County 74.8440% Buena Vista 5.8841% Poncha Springs 4.2369% Salida 15.0350% Cheyenne County 66.8002% Cheyenne Wells 0.8586% Kit Carson 32.3412% Clear Creek County 92.2164% Central City (2 Counties)0.0000% Empire 0.3364% Georgetown 1.9063% Idaho Springs 4.7625% Silver Plume 0.7784% Conejos County 77.1204% Antonito 4.6338% La Jara 2.4313% Manassa 1.0062% Romeo 2.4270% Sanford 12.3812% Page 2 EXHIBIT E Page 76 Government Name Intracounty Share Costilla County 97.3454% Blanca 1.2036% San Luis 1.4509% Crowley County 80.7081% Crowley 4.3597% Olney Springs 8.3683% Ordway 0.1853% Sugar City 6.3786% Custer County 96.6858% Silver Cliff 0.7954% Westcliffe 2.5188% Delta County 76.3512% Cedaredge 3.6221% Crawford 0.4938% Delta 16.2658% Hotchkiss 1.0963% Orchard City 0.1473% Paonia 2.0236% Denver County/City 100.0000% Dolores County 76.3307% Dove Creek 17.3127% Rico 6.3566% Douglas County 71.8404% Aurora (3 Counties)0.2099% Castle Pines 0.2007% Castle Rock 13.5204% Larkspur 0.0856% Littleton (3 Counties)0.0156% Lone Tree 5.2786% Parker 8.8487% Eagle County 60.8236% Avon 7.6631% Basalt (2 Counties)2.2311% Eagle 3.1376% Gypsum 1.7469% Minturn 0.7771% Page 3 EXHIBIT E Page 77 Government Name Intracounty Share Red Cliff 0.0957% Vail 23.5250% El Paso County 18.4181% Calhan 0.0228% Colorado Springs 80.1161% Fountain 0.9892% Green Mountain Falls (2 Counties)0.0149% Manitou Springs 0.2411% Monument 0.1492% Palmer Lake 0.0455% Ramah 0.0033% Elbert County 86.5840% Elizabeth 10.2633% Kiowa 1.5455% Simla 1.6072% Fremont County 60.7882% Brookside 0.0348% Cañon City 30.9017% Coal Creek 0.0476% Florence 8.0681% Rockvale 0.0687% Williamsburg 0.0907% Garfield County 76.3371% Carbondale 2.4698% Glenwood Springs 11.8141% New Castle 1.4295% Parachute 1.0653% Rifle 5.2733% Silt 1.6110% Gilpin County 46.8613% Black Hawk 46.3909% Central City (2 Counties)6.7478% Grand County 80.1046% Fraser 2.4903% Granby 5.4008% Grand Lake 0.3174% Hot Sulphur Springs 0.1431% Kremmling 2.9284% Page 4 EXHIBIT E Page 78 Government Name Intracounty Share Winter Park 8.6154% Gunnison County 88.9185% Crested Butte 2.3562% Gunnison 5.9501% Marble 0.1714% Mount Crested Butte 2.5657% Pitkin 0.0381% Hinsdale County 76.0940% Lake City 23.9060% Huerfano County 68.2709% La Veta 11.0719% Walsenburg 20.6572% Jackson County 61.5339% Walden 38.4661% Jefferson County 58.2140% Arvada (2 Counties)11.9733% Bow Mar (2 Counties)0.0087% Edgewater 0.6604% Golden 3.4815% Lakeside 0.0030% Lakewood 15.9399% Littleton (3 Counties)0.6176% Morrison 0.2205% Mountain View 0.1344% Superior (2 Counties)0.0000% Westminster (2 Counties)5.4779% Wheat Ridge 3.2689% Kiowa County 93.2138% Eads 5.3777% Haswell 0.6402% Sheridan Lake 0.7682% Kit Carson County 86.3178% Bethune 0.1841% Burlington 12.0640% Flagler 0.4264% Seibert 0.0291% Stratton 0.9012% Page 5 EXHIBIT E Page 79 Government Name Intracounty Share Vona 0.0775% La Plata County 66.8874% Bayfield 1.6292% Durango 29.2985% Ignacio 2.1849% Lake County 73.4523% Leadville 26.5477% Larimer County 56.0589% Berthoud (2 Counties)0.4139% Estes Park 0.3502% Fort Collins 18.5702% Johnstown (2 Counties)0.0711% Loveland 23.4493% Timnath (2 Counties)0.2964% Wellington 0.3653% Windsor (2 Counties)0.4248% Las Animas County 77.8076% Aguilar 0.0751% Branson 0.0101% Cokedale 0.0188% Kim 0.0101% Starkville 0.0087% Trinidad 22.0696% Lincoln County 91.3222% Arriba 0.3444% Genoa 0.2222% Hugo 1.4778% Limon 6.6333% Logan County 72.7982% Crook 0.0931% Fleming 0.3413% Iliff 0.0095% Merino 0.4702% Peetz 0.2029% Sterling 26.0848% Mesa County 60.8549% Collbran 0.0920% Page 6 EXHIBIT E Page 80 Government Name Intracounty Share De Beque 0.0123% Fruita 1.6696% Grand Junction 37.1505% Palisade 0.2208% Mineral County 87.6744% City of Creede 12.3256% Moffat County 91.7981% Craig 8.1862% Dinosaur 0.0157% Montezuma County 79.6682% Cortez 18.6459% Dolores 0.6106% Mancos 1.0753% Montrose County 92.8648% Montrose 6.5980% Naturita 0.1551% Nucla 0.0703% Olathe 0.3118% Morgan County 61.6991% Brush 8.5522% Fort Morgan 27.8214% Hillrose 0.1986% Log Lane Village 0.6424% Wiggins 1.0863% Otero County 60.8168% Cheraw 0.1888% Fowler 1.0413% La Junta 25.9225% Manzanola 0.6983% Rocky Ford 8.8215% Swink 2.5109% Ouray County 76.0810% Ouray 17.6541% Ridgway 6.2649% Park County 96.3983% Alma 0.7780% Page 7 EXHIBIT E Page 81 Government Name Intracounty Share Fairplay 2.8237% Phillips County 52.3463% Haxtun 13.9505% Holyoke 33.1803% Paoli 0.5228% Pitkin County 47.1379% Aspen 42.0707% Basalt (2 Counties)1.1156% Snowmass Village 9.6757% Prowers County 70.4524% Granada 0.9965% Hartman 0.3164% Holly 4.9826% Lamar 21.5860% Wiley 1.6661% Pueblo County 54.6622% Boone 0.0019% Pueblo 45.3350% Rye 0.0008% Rio Blanco County 78.2831% Meeker 9.1326% Rangely 12.5843% Rio Grande County 68.0724% Center (2 Counties)0.7713% Del Norte 6.7762% Monte Vista 20.4513% South Fork 3.9288% Routt County 58.5353% Hayden 1.0679% Oak Creek 0.6360% Steamboat Springs 39.4499% Yampa 0.3109% Saguache County 92.8796% Bonanza 0.1367% Center (2 Counties)6.3687% Crestone 0.0137% Page 8 EXHIBIT E Page 82 Government Name Intracounty Share Moffat 0.3553% Saguache 0.2460% San Juan County 87.0423% Silverton 12.9577% San Miguel County 48.7493% Mountain Village 25.7930% Norwood 0.4078% Ophir 0.0816% Sawpit 0.0272% Telluride 24.9411% Sedgwick County 98.7331% Julesburg 0.3830% Ovid 0.0295% Sedgwick 0.8544% Summit County 57.0567% Blue River 0.5011% Breckenridge 26.1112% Dillon 4.1421% Frisco 6.5096% Montezuma 0.0169% Silverthorne 5.6623% Teller County 66.1557% Cripple Creek 17.2992% Green Mountain Falls (2 Counties)0.0322% Victor 3.1685% Woodland Park 13.3445% Washington County 99.1320% Akron 0.7659% Otis 0.1021% Weld County 51.9387% Ault 0.3202% Berthoud (2 Counties)0.0061% Brighton (2 Counties)0.0927% Dacono 0.6104% Eaton 0.4573% Erie (2 Counties)0.8591% Evans 4.5121% Page 9 EXHIBIT E Page 83 Government Name Intracounty Share Firestone 1.4648% Fort Lupton 0.8502% Frederick 1.2228% Garden City 0.1514% Gilcrest 0.1580% Greeley 30.6922% Grover 0.0852% Hudson 0.0066% Johnstown (2 Counties)1.5416% Keenesburg 0.0215% Kersey 0.1378% La Salle 0.4128% Lochbuie (2 Counties)0.4004% Longmont (2 Counties)0.0154% Mead 0.0941% Milliken 1.5373% Northglenn (2 Counties)0.0030% Nunn 0.2558% Pierce 0.0948% Platteville 0.3712% Raymer (New Raymer)0.0597% Severance 0.0403% Thornton (2 Counties)0.0000% Timnath (2 Counties)0.0000% Windsor (2 Counties)1.5865% Yuma County 75.5598% Eckley 2.5422% Wray 10.2148% Yuma 11.6832% Page 10 1 These allocations are based on the allocation model used in the Negotiation Class website. The allocation model is the product of prolonged and intensive research, analysis, and discussion by and among members of the court-appointed Plaintiffs’ Executive Committee and Settlement Committee and their retained public health and health economics experts, as well as a series of meetings with scores of cities, counties and subdivisions. Additional information about the allocation model is available on the Negotiation Class website. The allocations in the Negotiation Class website use two different methodologies: County-Level Allocation The allocation model uses three factors, based on reliable, detailed, and objective data collected and reported by the federal government, to determine the share of a settlement fund that each county will receive. The three factors are: (1) the amount of opioids shipped to the county, (2) the number of opioid deaths in that county, and (3) the number of people who suffer opioid use disorder in that county. County/Municipal-Level Allocation The county/municipal-level allocation is a default allocation to be used if another agreement is not reached between the county and its constituent cities. The formula uses U.S. Census Bureau data on local government spending. This data covers cities and counties for 98% of the U.S. population. If a jurisdiction lacked this data, it was extrapolated based on available data. 2 The municipalities of Bow Mar, Johnstown, and Timnath were not reflected as being in multiple counties in the Negotiation Class website. The estimated allocations to those cities are based on the same methodology used in the website, in consultation with the expert. For cities in multiple counties, please see each county in which that city lies. EXHIBIT E Page 84 Exhibit F Page 85 Region Number Region Description Total State Share 1 Northwest 0.9522% 2 Larimer 6.5211% 3 Weld 3.8908% 4 Logan 1.5896% 5 North Central 2.1061% 6 Boulder 5.7936% 7 Broomfield 1.0014% 8 Adams 9.4247% 9 Arapahoe 10.8071% 10 Jefferson 10.7114% 11 Denver 15.0042% 12 Douglas 3.6696% 13 Mesa 2.8911% 14 Southwest 1.4700% 15 Central 1.5627% 16 El Paso/Teller 12.6116% 17 Southwest Corner 1.4375% 18 South Central 1.0973% 19 Southeast 7.4580% Total 100.0000% Regional Allocations EXHIBIT F Page 86 Exhibit G Page 87 Regional Governance Models A.Membership Structure Single-County Regions 1. Voting Members (Recommended List: Participating Local Governments to Decide) •1 or 2 representatives appointed by the county (can be commissioners) •1 representative appointed from the public health department •1 representative from the county human services department •1 representative appointed from law enforcement within region (sheriff, police, local city or town district attorney, etc.) •1 representative appointed from a municipal or county court system within region •1-3 representatives (total) appointed by the cities within the county (or other city or cities agreed upon) (can be councilmembers and mayors) •Such other representatives as participating counties/cities agree on (not to include providers who may be recipients of funds) 2.Non-Voting Members (Optional but strongly encouraged) •Representatives from behavioral health providers •Representatives from health care providers •Recovery/treatment experts •Other county or city representatives •A representative from the Attorney General’s Office •Community representative(s), preferably those with lived experience with the opioid crisis •Harm reduction experts Multi-County Regions 1. Voting Members (Recommended List: Participating Local Governments to Decide) •1 representative appointed by each county (can be commissioners) •1 representative appointed by a rotating city within each county (or other city agreed upon) (can be councilmembers and mayors) •1 representative from each public health department within the region •1 representative from a county human services department •At least 1 representative appointed from law enforcement within region (sheriff, police, local city or town district attorney, etc.) •1 representative from a municipal or county court system within region •Such other representatives as participating counties/cities agree on (not to include providers who may be recipients of funds) 2.Non-Voting Members (Optional) •Representatives from behavioral health providers EXHIBIT G Page 88 •Representatives from health care providers •Recovery/treatment experts •Other county or city representatives •A representative from the Attorney General’s Office •Community representative(s), preferably those with lived experience with the opioid crisis. •Harm reduction experts Single-County Single-City Regions (Denver & Broomfield) 1. Voting Members (Recommended List: Participating Local Government to Decide) 1 •1 representative appointed by the city and county •1 representative appointed from the public health department •1 representative from the county human services department •1 representative appointed from law enforcement within region (sheriff, police, district attorney, etc.) •1 representative appointed from a municipal or county court system within region •Such other representatives as participating counties/cities agree on (not to include providers who may be recipients of funds) 2.Non-Voting Members (Optional) •Representatives from behavioral health providers •Representatives from health care providers •Recovery/treatment experts •Other county or city representatives •A representative from the Attorney General’s Office •Community representative(s), preferably those with lived experience with the opioid crisis. •Harm reduction experts B.Member Terms •Regions may establish terms of appointment for members. Appointment terms may be staggered. C.Procedures •Regions will be governed by an intergovernmental agreement (“IGA”) or memorandum of understanding (“MOU”). •Regions may adopt the Model Colorado Regional Opioid Intergovernmental Agreement, attached here as Exhibit G-1, in its entirety or alter or amend it as they deem appropriate. 1 In Denver, the Mayor shall make voting member appointments to the Regional Council. In Broomfield, the City and County Manager shall make voting member appointments to the Regional Council. EXHIBIT G Page 89 •Regions may establish their own procedures through adoption of bylaws (model bylaws to be made available). •Meetings of regional board/committee shall be open to the public and comply with the Colorado Open Meetings Law (including requirement to keep minutes). D.Financial Responsibility/Controls •A local government entity shall nominate and designate a fiscal agent for the Region. •A Regional fiscal agent must be appointed by the Regional Council on an annual basis. A Regional fiscal agent may serve as long as the Regional Council determines is appropriate, including the length of any Settlement that contemplates the distribution of Opioid Funds within Colorado. However, the Regional fiscal agent also can change over time. •Regional fiscal agents must be a board of county commissioners or a city or town council or executive department, such as a department of finance. •Yearly reporting by fiscal agent (using standard form) to the Abatement Council. •All documents subject to CORA. E.Conflicts of Interest •Voting members shall abide by the conflict-of-interest rules applicable to local government officials under state law. F.Ethics Laws •Voting members shall abide by applicable state or local ethics laws, as appropriate. G.Authority •The Regional Council for each region shall have authority to decide how funds allocated to the region shall be distributed in accordance with the Colorado MOU and shall direct the fiscal agent accordingly. •Any necessary contracts will be entered into by the fiscal agent, subject to approval by the Regional Council. H.Legal Status •The region shall not be considered a separate legal entity, unless the Participating Local Governments decide, through an IGA, to create a separate governmental entity. EXHIBIT G Page 90 Exhibit G-1 Page 91 MODEL COLORADO REGIONAL OPIOID INTERGOVERNMENTAL AGREEMENT 2 THIS MODEL COLORADO REGIONAL OPIOID INTERGOVERNMENTAL AGREEMENT (the “Regional Agreement”) is made between _________________, a Participating Local Government, as defined in the Colorado MOU, in the __________________ Region (“____________”) and ______________________, a Participating Local Government in the ___________ Region, (“_____________”), individually herein a “Regional PLG” and collectively the “Regional PLGs.”” RECITALS WHEREAS, the State of Colorado and Participating Local Governments executed the Colorado Opioids Summary Memorandum of Understanding on _______ 2021 (the “Colorado MOU”), establishing the manner in which Opioid Funds shall be divided and distributed within the State of Colorado; WHEREAS, the Regional Agreement assumes and incorporates the definitions and provisions contained in the Colorado MOU, and the Regional Agreement shall be construed in conformity with the Colorado MOU3; WHEREAS, all Opioid Funds, regardless of allocation, shall be used for Approved Purposes; WHEREAS, Participating Local Governments shall organize themselves into Regions, as further depicted in Exhibit E to the Colorado MOU; 2 This Model Regional Agreement is meant to serve as an example for the various Regions and to facilitate the flow of Opioid Funds to their intended purposes. Regions are free to adopt this Regional Agreement in its entirety or alter or amend it as they deem appropriate. 3 When drafting agreements like this Regional Agreement, Regional PLGs should be conscious of the definitions used therein so as not to confuse such definitions with those used in the Colorado MOU. The Definitions in the Colorado MOU shall supersede any definitions used by Regional PLGs in a Regional Agreement. EXHIBIT G-1 Page 92 WHEREAS, Regions may consist of Single-County Regions, Multi-County Regions, or Single County- Single City Regions (Denver and Broomfield). WHEREAS, there shall be a 60% direct allocation of Opioid Funds to Regions through a Regional Share; WHEREAS, each Region shall be eligible to receive a Regional Share according to Exhibit C to the Colorado MOU; WHEREAS, the Colorado MOU establishes the procedures by which each Region shall be entitled to Opioid Funds from the Abatement Council and administer its Regional Share allocation; WHEREAS, the procedures established by the Colorado MOU include a requirement that each Region shall create its own Regional Council; WHEREAS, all aspects of the creation, administration, and operation of the Regional Council shall proceed in accordance with the provisions of the Colorado MOU; WHEREAS, each such Regional Council shall designate a fiscal agent from a county or municipal government within that Region; WHEREAS, each such Regional Council shall submit a two-year plan to the Abatement Council that identifies the Approved Purposes for which the requested funds will be used, and the Regional Council’s fiscal agent shall provide data and a certification to the Abatement Council regarding compliance with its two-year plan on an annual basis; WHEREAS, the Regional Agreement pertains to the procedures for the Regional PLGs to establish a Regional Council, designate a fiscal agent, and request and administer Opioid Funds in a manner consistent with the Colorado MOU; EXHIBIT G-1 Page 93 NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Regional PLGs incorporate the recitals set forth above and agree as follows: 1.DEFINITIONS. The defined terms used in this Regional Agreement shall have the same meanings as in the Colorado MOU4. Capitalized terms used herein and not otherwise defined within the Regional Agreement or in the Colorado MOU shall have the meanings ascribed to them in the body of the Regional Agreement. 2.OBLIGATIONS OF THE REGIONAL PLGS. The Regional PLGs shall perform their respective obligations as set forth in the Regional Agreement, the Colorado MOU and the accompanying exhibits to the Colorado MOU and incorporated herein by reference. 3.REGIONAL COUNCIL. 3.1. Purpose: In accordance with the Colorado MOU, a Regional Council, consisting of representatives appointed by the Regional PLGs, shall be created to oversee the procedures by which a Region may request Opioid Funds from the Abatement Council and the procedures by which the allocation of its Region’s Share of Opioid Funds are administered. 3.2. Membership: The Regional Council of a Multi-County or Single County Region shall consist of the following: a.Multi-County Region: (i)Voting Members. Voting Members shall be appointed by the Regional PLGs. The Regional PLGs shall collaborate to appoint Regional Council members and to the extent practicable, Voting Members shall be selected from different counties and cities. No single county or city should dominate the make-up of the Regional Council. Voting Members shall be selected as follows: (1)1 representative appointed by each county (can be commissioners). (2)1 representative appointed from a rotating city within each county (or other city agreed upon) (can be councilmembers and mayors). A rotating city member shall be selected by majority vote of the cities within each county who do not have a Voting Member currently sitting on the Regional 4 See FN 2, supra. EXHIBIT G-1 Page 94 Council. (3)1 representative from each public health department within the region. (4)1 representative from a county human services department. (5)At least 1 representative appointed from law enforcement within the region (sheriff, police, local city or town district attorney, etc.). (6)1 representative from a municipal or county court system within the region. b.Single-County Region: (i)Voting Members. Voting Members shall be appointed by the Regional PLGs. The Regional PLGs shall collaborate to appoint Regional Council members and to the extent practicable, Voting Members shall be selected from different cities within the region. No single city should dominate the make-up of the Regional Council. Voting Members shall be selected as follows: (1)1 or 2 representatives appointed by the county (can be commissioners) (2)1 representative appointed from the public health department (3)1 representative from the county human services department (4)1 representative appointed from law enforcement within region (sheriff, police, local city or town district attorney, etc.) (5)1 representative appointed from a municipal or county court system within region (6)1-3 representatives (total) appointed by rotating cities within the county (or other city or cities agreed upon) (can be councilmembers and mayors). Rotating city members shall be selected by majority vote of the cities who do not have a Voting Member currently sitting on the Regional Council. (7)Such other representatives as participating counties/cities agree on (not to include providers who may be recipients of EXHIBIT G-1 Page 95 funds) c.Non-Voting Members. For both Multi-County and Single County Regions, Non-Voting Members are optional but are strongly encouraged. Non-voting members shall serve in an advisory capacity. Any Non-Voting Members shall be appointed by the Regional PLGs and may be comprised of all or some of the following, not to include potential recipients of funds: (i)Representatives from behavioral health providers. (ii)Representatives from health care providers. (iii)Recovery/treatment experts. (iv)Other county or city representatives. (v)A representative from the Attorney General’s Office. (vi)Community representative(s), preferably those with lived experience with the opioid crisis. (vii)Harm reduction experts. d.Acting Chair: The Voting Members for both Multi-County and Single- County Regions shall appoint one member to serve as Acting Chair of the Regional Council. The Acting Chair’s primary responsibilities shall be to schedule periodic meetings and votes of the Regional Council as needed and to serve as the point of contact for disputes within the Region. The Acting Chair must be either a Member from a county within a Region, such as a county commissioner or their designee, or a Member from a city or town within a Region, such as a mayor or city or town council member or their designee. e.Non-Participation: A Local Government that chooses not to become a Participating Local Government in the Colorado MOU shall not receive any Opioid Funds from the Regional Share or participate in the Regional Council. f.Terms: The Regional Council shall be established within ninety (90) days of the first Settlement being entered by a court of competent jurisdiction, including any bankruptcy court. In order to do so, within sixty (60) days of the first Settlement being entered, CCI and CML shall jointly recommend six (6) Voting Members, and so long as such recommendations comply with the terms of Section 3.2 (a) or (b), the Regional Council shall consist of CCI/CML’s recommended Members for EXHIBIT G-1 Page 96 an initial term not to exceed one year.5 Thereafter, Voting Members shall be appointed in accordance with Section 3.2 (a) or (b) and shall serve two- year terms. Following the expiration of that two-year term, the Regional PLGs, working in concert, shall reappoint that Voting Member, or appoint a new Voting Member according to Section 3.2 (a) or (b). (i)If a Voting Member resigns or is otherwise removed from the Regional Council prior to the expiration of their term, a replacement Voting Member shall be appointed within sixty (60) days in accordance with Section 3.2 (a) or (b) to serve the remainder of the term. If the Regional PLGs are unable to fill a Voting Member vacancy within sixty (60) days, the existing Voting Members of the Regional Council at the time of the vacancy shall work collectively to appoint a replacement Voting Member in accordance with Section 3.2 (a) or (b). At the end of his or her term, the individual serving as that replacement Voting Member may be reappointed by the Regional PLGs to serve a full term consistent with this Section. (ii)The purpose of the two-year term is to allow Regional PLGs an increased opportunity to serve on the Regional Council. However, Regional Council members who have already served on the Regional Council may be appointed more than once and may serve consecutive terms if appointed to do so by the Regional Council. 3.3. Duties: The Regional Council is primarily responsible for engaging with the Abatement Council on behalf of its Region and following the procedures outlined in the Colorado MOU for requesting Opioid Funds from the Regional Share, which shall include developing 2-year plans, amending those plans as appropriate, and providing the Abatement Council with data through its fiscal agent regarding Opioid Fund expenditures. Upon request from the Abatement Council, the Regional Council may also be subject to an accounting from the Abatement Council. 3.4. Governance: A Regional Council may establish its own procedures through adoption of bylaws if needed. Any governing documents must be consistent with the other provisions in this section and the Colorado MOU. 3.5. Authority: The terms of the Colorado MOU control the authority of a Regional Council and a Regional Council shall not stray outside the bounds of the authority and power vested by the Colorado MOU. Should a Regional Council require legal assistance in determining its authority, 5 Local Governments within Multi-County or Single County Regions may decide to select initial Voting Members of the Regional Council between themselves and without CCI and CML involvement. However, the Regional Council must be established within ninety (90) days of the first Settlement being entered by a court of competent jurisdiction, including any bankruptcy court. EXHIBIT G-1 Page 97 it may seek guidance from the legal counsel of the county or municipal government of the Regional Council’s fiscal agent at the time the issue arises. 3.6. Collaboration: The Regional Council shall facilitate collaboration between the State, Participating Local Governments within its Region, the Abatement Council, and other stakeholders within its Region for the purposes of sharing data, outcomes, strategies, and other relevant information related to abating the opioid crisis in Colorado. 3.7. Transparency: The Regional Council shall operate with all reasonable transparency and abide by all Colorado laws relating to open records and meetings. To the extent the Abatement Council requests outcome-related data from the Regional Council, the Regional Council shall provide such data in an effort to determine best methods for abating the opioid crisis in Colorado. 3.8. Conflicts of Interest: Voting Members shall abide by the conflict-of-interest rules applicable to local government officials under state law. 3.9. Ethics Laws: Voting Members shall abide by their local ethics laws or, if no such ethics laws exist, by applicable state ethics laws. 3.10. Decision Making: The Regional Council shall seek to make all decisions by consensus. In the event consensus cannot be achieved, the Regional Council shall make decisions by a majority vote of its Members. 4.REGIONAL FISCAL AGENT 4.1. Purpose: According to the Colorado MOU, the Regional Council must designate a fiscal agent for the Region prior to the Region receiving any Opioid funds from the Regional Share. All funds from the Regional Share shall be distributed to the Regional Council’s fiscal agent for the benefit of the entire Region. 4.2. Designation: The Regional Council shall nominate and designate a fiscal agent for the Region by majority vote. Regional fiscal agents must be a board of county commissioners or a city or town council or executive department, such as a department of finance. 4.3. Term: A Regional fiscal agent must be appointed by the Regional Council on an annual basis. A Regional fiscal agent may serve as long as the Regional Council determines is appropriate, including the length of any Settlement that contemplates the distribution of Opioid Funds within Colorado. 4.4. Duties: The Regional fiscal agent shall receive, deposit, and make available Opioid Funds distributed from the Abatement Council and provide expenditure reporting data to the EXHIBIT G-1 Page 98 Abatement Council on an annual basis. In addition, the Regional fiscal agent shall perform certain recordkeeping duties outlined below. a.Opioid Funds: The Regional fiscal agent shall receive all Opioid Funds as distributed by the Abatement Council. Upon direction by the Regional Council, the Regional fiscal agent shall make any such Opioid Funds available to the Regional Council. b.Reporting: On an annual basis, as determined by the Abatement Council, the Regional fiscal agent shall provide to the Abatement Council the Regional Council’s expenditure data from their allocation of the Regional Share and certify to the Abatement Council that the Regional Council’s expenditures were for Approved Purposes and complied with its 2-year plan. c.Recordkeeping: The Regional fiscal agent shall maintain necessary records with regard the Regional Council’s meetings, decisions, plans, and expenditure data. 4.5. Authority: The fiscal agent serves at the direction of the Regional Council and in service to the entire Region. The terms of the Colorado MOU control the authority of a Regional Council, and by extension, the Regional fiscal agent. A Regional fiscal agent shall not stray outside the bounds of the authority and power vested by the Colorado MOU. 5.REGIONAL TWO-YEAR PLAN 5.1. Purpose: According to the Colorado MOU, as part of a Regional Council’s request to the Abatement Council for Opioid Funds from its Regional Share, the Regional Council must submit a 2-year plan identifying the Approved Purposes for which the requested funds will be used. 5.2 Development of 2-Year Plan: In developing a 2-year plan, the Regional Council shall solicit recommendations and information from all Regional PLGs and other stakeholders within its Region for the purposes of sharing data, outcomes, strategies, and other relevant information related to abating the opioid crisis in Colorado. At its discretion, a Regional Council may seek assistance from the Abatement Council for purposes of developing a 2-year plan. 5.3 Amendment: At any point, a Regional Council’s 2-year plan may be amended so long as such amendments comply with the terms of the Colorado MOU and any Settlement. 6.DISPUTES WITHIN REGION. In the event that any Regional PLG disagrees with a decision of the Regional Council, or there is a dispute regarding the appointment of Voting or Non-Voting Members to the Regional Council, that Regional PLG shall inform the Acting Chair of its dispute at the earliest EXHIBIT G-1 Page 99 possible opportunity. In Response, the Regional Council shall gather any information necessary to resolve the dispute. Within fourteen (14) days of the Regional PLG informing the Acting Chair of its dispute, the Regional Council shall issue a decision with respect to the dispute. In reaching its decision, the Regional Council may hold a vote of Voting Members, with the Acting Chair serving as the tie- breaker, or the Regional Council may devise its own dispute resolution process. However, in any disputes regarding the appointment of a Voting Member, that Voting Member will be recused from voting on the dispute. The decision of the Regional Council is a final decision. 7.DISPUTES WITH ABATEMENT COUNCIL. If the Regional Council disputes the amount of Opioid Funds it receives from its allocation of the Regional Share, the Regional Council shall alert the Abatement Council within sixty (60) days of discovering the information underlying the dispute. However, the failure to alert the Abatement Council within this time frame shall not constitute a waiver of the Regional Council’s right to seek recoupment of any deficiency in its Regional Share. 8.RECORDKEEPING. The acting Regional fiscal agent shall be responsible for maintaining records consistent with the Regional Agreement. 9.AUTHORIZED REPRESENTATIVES. Each Regional PLGs’ representative designated below shall be the point of contact to coordinate the obligations as provided herein. The Regional PLGs designate their authorized representatives under this Regional Agreement as follows: 9.1. ______ designates the ____ of the ________ or their designee(s). 9.2. ______ designates the ____ of the ________ or their designee(s). 10.OBLIGATIONS OF THE REGIONAL PLGS. The Regional PLGs shall perform their respective obligations as set forth in the Regional Agreement, the Colorado MOU and the accompanying exhibits to the Colorado MOU and incorporated herein by reference. 11.TERM. The Regional Agreement will commence on _______, and shall expire on the date the last action is taken by the Region, consistent with the terms of the Colorado MOU and any Settlement. (the “Term”). 12.INFORMATIONAL OBLIGATIONS. Each Regional PLG hereto will meet its obligations as set forth in § 29-1-205, C.R.S., as amended, to include information about this Regional Agreement in a filing with the Colorado Division of Local Government; however, failure to do so shall in no way affect the validity of this Regional Agreement or any remedies available to the Regional PLGs hereunder. 13.CONFIDENTIALITY. The Regional PLGs, for themselves, their agents, employees and representatives, agree that they will not divulge any confidential or proprietary information they receive from another Regional PLG or otherwise have access to, except as may be required by law. Nothing in this Regional EXHIBIT G-1 Page 100 Agreement shall in any way limit the ability of the Regional PLGs to comply with any laws or legal process concerning disclosures by public entities. The Regional PLGs understand that all materials exchanged under this Regional Agreement, including confidential information or proprietary information, may be subject to the Colorado Open Records Act., § 24-72-201, et seq., C.R.S., (the “Act”). In the event of a request to a Regional PLG for disclosure of confidential materials, the Regional PLG shall advise the Regional PLGs of such request in order to give the Regional PLGs the opportunity to object to the disclosure of any of its materials which it marked as, or otherwise asserts is, proprietary or confidential. If a Regional PLG objects to disclosure of any of its material, the Regional PLG shall identify the legal basis under the Act for any right to withhold. In the event of any action or the filing of a lawsuit to compel disclosure, the Regional PLG agrees to intervene in such action or lawsuit to protect and assert its claims of privilege against disclosure of such material or waive the same. If the matter is not resolved, the Regional PLGs may tender all material to the court for judicial determination of the issue of disclosure. 14.GOVERNING LAW; VENUE. This Regional Agreement shall be governed by the laws of the State of Colorado. Venue for any legal action relating solely to this Regional Agreement will be in the applicable District Court of the State of Colorado for the county of the Region’s fiscal agent. Venue for any legal action relating to the Colorado MOU shall be in a court of competent jurisdiction where a Settlement or consent decree was entered, as those terms are described or defined in the Colorado MOU. If a legal action relates to both a Regional Agreement and the Colorado MOU, venue shall also be in a court of competent jurisdiction where a Settlement or consent decree was entered. 15.TERMINATION. The Regional PLGs enter into this Regional Agreement to serve the public interest. If this Regional Agreement ceases to further the public interest, a Regional PLG, in its discretion, may terminate their participation in the Regional Agreement, in whole or in part, upon written notice to the other Regional PLGs. Each Regional PLG also has the right to terminate the Regional Agreement with cause upon written notice effective immediately, and without cause upon thirty (30) days prior written notice to the other Regional PLGs. A Regional PLG’s decision to terminate this Regional Agreement, with or without cause, shall have no impact on the other Regional PLGs present or future administration of its Opioid Funds and the other procedures outlined in this Regional Agreement. Rather, a Regional PLG’s decision to terminate this Regional Agreement shall have the same effect as non-participation, as outlined in Section 3.2 (e). 16.NOTICES. “Key Notices” under this Regional Agreement are notices regarding default, disputes, or termination of the Regional Agreement. Key Notices shall be given in writing and shall be deemed EXHIBIT G-1 Page 101 received if given by confirmed electronic transmission that creates a record that may be retained, retrieved and reviewed by a recipient thereof, and that may be directly reproduced in paper form by such a recipient through an automated process, but specifically excluding facsimile transmissions and texts when transmitted, if transmitted on a business day and during normal business hours of the recipient, and otherwise on the next business day following transmission; certified mail, return receipt requested, postage prepaid, three business days after being deposited in the United States mail; or overnight carrier service or personal delivery, when received. For Key Notices, the Regional PLGs will follow up any electronic transmission with a hard copy of the communication by the means described above. All other communications or notices between the Regional PLGs that are not Key Notices may be done via electronic transmission. The Regional PLGs agree that any notice or communication transmitted by electronic transmission shall be treated in all manner and respects as an original written document; any such notice or communication shall be considered to have the same binding and legal effect as an original document. All Key Notices shall include a reference to the Regional Agreement, and Key Notices shall be given to the Regional PLGs at the following addresses: _____________________________ _____________________________ 17.GENERAL TERMS AND CONDITIONS 17.1. Independent Entities. The Regional PLGs enter into this Regional Agreement as separate, independent governmental entities and shall maintain such status throughout. 17.2. Assignment. This Regional Agreement shall not be assigned by any Regional PLG without the prior written consent of all Regional PLGs. Any assignment or subcontracting without such consent will be ineffective and void and will be cause for termination of this Regional Agreement. 17.3. Integration and Amendment. This Regional Agreement represents the entire agreement between the Regional PLGs and terminates any oral or collateral agreement or understandings. This Regional Agreement may be amended only by a writing signed by the Regional PLGs. If any provision of this Regional Agreement is held invalid or unenforceable, no other provision shall be affected by such holding, and the remaining provision of this Regional Agreement shall continue in full force and effect. EXHIBIT G-1 Page 102 17.4. No Construction Against Drafting Party. The Regional PLGs and their respective counsel have had the opportunity to review the Regional Agreement, and the Regional Agreement will not be construed against any Regional PLG merely because any provisions of the Regional Agreement were prepared by a particular Regional PLG. 17.5. Captions and References. The captions and headings in this Regional Agreement are for convenience of reference only and shall not be used to interpret, define, or limit its provisions. All references in this Regional 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. 17.6. Statutes, Regulations, and Other Authority. Any reference in this Regional Agreement to a statute, regulation, policy or other authority shall be interpreted to refer to such authority then current, as may have been changed or amended since the execution of this Regional Agreement. 17.7. Conflict of Interest. No Regional PLG shall knowingly perform any act that would conflict in any manner with said Regional PLG’s obligations hereunder. Each Regional PLG certifies that it is not engaged in any current project or business transaction, directly or indirectly, nor has it any interest, direct or indirect, with any person or business that might result in a conflict of interest in the performance of its obligations hereunder. No elected or employed member of any Regional PLG shall be paid or receive, directly or indirectly, any share or part of this Regional Agreement or any benefit that may arise therefrom. 17.8. Inurement. The rights and obligations of the Regional PLGs to the Regional Agreement inure to the benefit of and shall be binding upon the Regional PLGs and their respective successors and assigns, provided assignments are consented to in accordance with the terms of the Regional Agreement. 17.9. Survival. Notwithstanding anything to the contrary, the Regional PLGs understand and agree that all terms and conditions of this Regional Agreement and any exhibits that require continued performance or compliance beyond the termination or expiration of this Regional Agreement shall survive such termination or expiration and shall be enforceable against a Regional PLG if such Regional PLG fails to perform or comply with such term or condition. 17.10. Waiver of Rights and Remedies. This Regional Agreement or any of its provisions may not be waived except in writing by a Regional PLG’s authorized representative. The failure of a EXHIBIT G-1 Page 103 Regional PLG to enforce any right arising under this Regional Agreement on one or more occasions will not operate as a waiver of that or any other right on that or any other occasion. 17.11. No Third-Party Beneficiaries. Enforcement of the terms of the Regional Agreement and all rights of action relating to enforcement are strictly reserved to the Regional PLGs. Nothing contained in the Regional Agreement gives or allows any claim or right of action to any third person or entity. Any person or entity other than the Regional PLGs receiving services or benefits pursuant to the Regional Agreement is an incidental beneficiary only. 17.12. Records Retention. The Regional PLGs shall maintain all records, including working papers, notes, and financial records in accordance with their applicable record retention schedules and policies. Copies of such records shall be furnished to the Parties request. 17.13. Execution by Counterparts; Electronic Signatures and Records. This Regional Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The Regional PLGs approve the use of electronic signatures for execution of this Regional Agreement. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. §§ 24-71.3-101, et seq. The Regional PLGs agree not to deny the legal effect or enforceability of the Regional Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Regional PLGs agree not to object to the admissibility of the Regional Agreement in the form of an electronic record, or a paper copy of an electronic document, or a paper copy of a document bearing an electronic signature, on the ground that it is an electronic record or electronic signature or that it is not in its original form or is not an original. 17.14. Authority to Execute. Each Regional PLG represents that all procedures necessary to authorize such Regional PLG’s execution of this Regional Agreement have been performed and that the person signing for such Regional PLG has been authorized to execute the Regional Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 4826-9997-5642, v. 7 EXHIBIT G-1 Page 104 PUBLIC WORKS Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Trevor Wittwer, EIT, Civil Engineer Greg Muhonen, PE, Public Works Director Date: March 28, 2023 RE: Change Order for a Contract Extension for the 2023 Chip & Crack Seal Program with Vance Brothers, Inc. for $269,108 – Budgeted (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER QUASI-JUDICIAL YES NO Objective: Public Works staff seek Town Board approval of a contract extension with Vance Brothers, Inc. (Vance Brothers) to perform chip seal and crack seal surface treatments on multiple roads in the Town of Estes Park. Present Situation: On March 28, 2023, staff presented information regarding the Street Improvement Program (STIP) during a Town Board Study Session. This included pavement condition updates, planned work for 2023, and an overview of pavement work performed utilizing the 1A Street Improvement Funds. To implement the plan in 2023, a qualified contractor is required. Through a competitive bid process, Vance Brothers was the low bidder and was awarded the chip and crack seal contract in 2020. Vance Brothers has a good reputation and extensive experience performing surface treatment work in Estes Park. The Town was satisfied with their work in 2016, 2018, 2019, 2020, 2021, and 2022. The 2020 contract documents included a provision that allows the Town to extend the contract for an additional three years in one-year increments. The Town exercised this option in 2021 and 2022. Vance Brothers has expressed their interest in extending the contract by another year and are available to continue this work in 2023. Proposal: Staff propose extending the original 2020 Vance Brothers contract for a third and final time to complete the 2023 Chip & Crack Seal Program. Page 105 Advantages: •This contract delivers cost-effective surface treatments on multiple roads in Estes Park. •The Town voters supported the 1A sales tax for street improvements and expect the Town to repair and maintain roads with these funds. Disadvantages: •Surface treatments will cause temporary, brief disruptions of traffic in the proposed work areas; however, work will be scheduled to minimize disruptions, and the contractor will inform impacted property owners, residents, and business owners in advance of the work. •Funds could be used for other street improvement purposes; however, this usage is consistent with the approved 2024 STIP Program goals. Action Recommended: Staff recommend approval of the attached Contract Change Order in the amount of $269,108 to extend the contract with Vance Brothers for the 2023 Chip & Crack Seal Program. Staff also recommend authorizing Public Works to spend up to the budgeted amount of $280,000 for any additional unanticipated conditions encountered during construction. Finance/Resource Impact: This project is funded from the Street Improvement Fund, which includes $360,000 for chip and crack seal work in the approved 2023 budget. Public Works proposes budgeting $280,000 on chip and crack seal work and redirect the remaining $80,000 to overlay and patching. The contractor will honor the 2022 unit prices for the work. Level of Public Interest Public interest is expected to be low. Sample Motion: I move for approval/denial of Contract Change Order No. 6 and Contract Extension No. 3, which extend the contract with Vance Brothers for the 2023 Chip & Crack Seal Program in the amount of $269,108. Public Works staff are authorized to spend up to $280,000, if needed to address unanticipated conditions encountered during construction. Attachments: 1.Change Order 6 & Signed Contract – Chip & Crack Seal 2.Performance & Payment Bond & COI – Vance Bros 3.Sealing Maps – Extension Exhibits A-D Page 106 Attachment 1 Page 107 Page 108 Page 109 TOWN OF ESTES PARK By: 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 the corporation, this day of , 2023. Witness my hand and official Seal. My Commission expires . Notary Public APPROVED AS TO FORM: Town Attorney Page 110 Page 111 Attachment 2 Page 112 Page 113 Page 114 Page 115 Page 116 Page 117 Exhibit A - Overview Map Prepared by Ryan Barr (3/3/2023)Town of Estes Park, For Vance Brothers, Inc. ¹0 0.7 1.40.35 Miles Legend Major Roads No Roadwork This Contract Crack Seal Crack Seal and Chip Seal Chip Seal 2023 Chip and Crack Seal Program Attachment 3 Page 118 Exhibit B - Crack Seal Prepared by Ryan Barr (3/3/2023)Town of Estes Park, For Vance Brothers, Inc. ¹0 0.7 1.40.35 Miles Legend Major Roads No Roadwork This Contract Crack Seal Crack Seal and Chip Seal 2023 Chip and Crack Seal Program Page 119 Exhibit C - Chip Seal Prepared by Ryan Barr (3/3/2023)Town of Estes Park, For Vance Brothers, Inc. ¹0 0.5 10.25 Miles Legend Major Roads No Roadwork This Contract Crack Seal and Chip Seal Chip Seal 2023 Chip and Crack Seal Program Page 120 Exhibit D - Striping & Thermoplastic Prepared by Ryan Barr (3/6/2023)Town of Estes Park, For Vance Brothers, Inc. ¹0 0.45 0.90.225 Miles Legend Major Roads No Roadwork This Contract Crack Seal and Chip Seal Chip Seal Yellow 4" Double White 6" Edge White 8" Channel Thermoplastic 2023 Chip and Crack Seal Program Page 121 Exhibit D - Striping & Thermoplastic Prepared by Ryan Barr (3/6/2023)Town of Estes Park, For Vance Brothers, Inc. ¹0 0.045 0.090.0225 Miles Legend Major Roads Yellow 4" Double White 6" Edge White 8" Channel Thermoplastic 2023 Chip and Crack Seal Program Page 122 Exhibit D - Striping & Thermoplastic Prepared by Ryan Barr (3/6/2023)Town of Estes Park, For Vance Brothers, Inc. ¹0 0.05 0.10.025 Miles Legend Major Roads Yellow 4" Double White 6" Edge White 8" Channel Thermoplastic 2023 Chip and Crack Seal Program Page 123 Exhibit D - Striping & Thermoplastic Prepared by Ryan Barr (3/6/2023)Town of Estes Park, For Vance Brothers, Inc. ¹0 0.075 0.150.0375 Miles Legend Major Roads Yellow 4" Double White 6" Edge White 8" Channel Thermoplastic 2023 Chip and Crack Seal Program Page 124 RESOLUTION 30 -23 SETTING THE PUBLIC HEARING FOR A NEW HOTEL & RESTAURANT LIQUOR LICENSE APPLICATION FOR MOUNTAIN HOME CAFE INC. DBA MOUNTAIN HOME CAFE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the filing date of the application for a New HOTEL & RESTAURANT Liquor License, filed by MOUNTAIN HOME CAFE INC. DBA MOUNTAIN HOME CAFE, 457 E. Wonderview Avenue Suite C-1, Estes Park, Colorado, is March 10, 2023. It is hereby ordered that a public hearing on said application shall be held in the Board Room of the Municipal Building, 170 MacGregor Avenue, on Tuesday, April 11, 2023, at 7:00 P.M., and that the neighborhood boundaries for the purpose of said application and hearing shall be the area included within a radius of 3.5 miles, as measured from the center of the applicant's property. DATED this day of , 2023. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Page 125 Page 126 RESOLUTION 31-23 SETTING THE PUBLIC HEARING FOR A NEW HOTEL & RESTAURANT WITH OPTIONAL PREMISE LIQUOR LICENSE APPLICATION FOR ESTES VALLEY RECREATION AND PARK DISTRICT; LAURA EMMER DBA MOTHER’S CAFÉ AT THE HANGAR RESTAURANT BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the filing date of the application for a New HOTEL & RESTAURANT WITH OPTIONAL PREMISE Liquor License, filed by ESTES VALLEY RECREATION AND PARK DISTRICT; LAURA EMMER DBA MOTHER’S CAFÉ AT THE HANGAR RESTAURANT, 1480 Golf Course Road, Units A-E, Estes Park, Colorado, is March 10, 2023. It is hereby ordered that a public hearing on said application shall be held in the Board Room of the Municipal Building, 170 MacGregor Avenue, on Tuesday, April 11, 2023, at 7:00 P.M., and that the neighborhood boundaries for the purpose of said application and hearing shall be the area included within a radius of 5.0 miles, as measured from the center of the applicant's property. DATED this day of , 2023 TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Page 127 Page 128 TOWN CLERK’S OFFICE Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: March 28, 2023 RE: Reappointment to the Estes Park Board of Adjustment of Jeff Moreau for a term expiring March 31, 2026 (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER Appointment QUASI-JUDICIAL YES NO Objective: To consider the reappointment recommended by the interview committee for the Estes Park Board of Adjustment. Present Situation: The term of Jeff Moreau is set to expire March 31, 2023 and the Town Clerk’s Office advertised for the position on the Board. Two applications were received and the interview committee, consisting of Trustees MacAlpine and Martchink, conducted interviews on March 20, 2023. Proposal: The interview committee recommends the reappointment of Jeff Moreau to a three-year term expiring March 31, 2026. Jeff Moreau has served on the Estes Park Board of Adjustment since it’s inception in 2020, and prior to this he served on the Estes Valley Board of Adjustment from 2010 to 2020. Advantages: Provides continuity on the Estes Park Board of Adjustment and would complete the three-member board. Disadvantages: If the reappointment is not made, the position would remain vacant until additional applications are received, and interviews conducted. Action Recommended: Reappoint Jeff Moreau to a three-year term expiring March 31, 2026. Page 129 Finance/Resource Impact: None. Level of Public Interest Low. Sample Motion: I move to approve/deny the reappointment of Jeff Moreau to the Estes Park Board of Adjustment for a term expiring March 31, 2026. Attachments: None Page 130 TOWN CLERK’S OFFICE Memo To: Honorable Mayor Koenig Board of Trustees Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: March 28, 2023 RE: Resolution 32-23 New Beer & Wine Liquor License Application for Aspen and Pines LLC dba SereniTEA’s Tea Room, 207 Park Lane, 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 Beer & Wine liquor license located at 207 Park Lane, Estes Park, Colorado. Application filed by Aspen and Pines LLC dba SereniTEA’s Tea Room. Present Situation: An application for a new Beer & Wine liquor license was received by the Town Clerk’s office on February 10, 2023. All necessary paperwork and fees were submitted; please see the attached Procedure for Hearing on Application – New Liquor License for additional information. The applicant is aware of the Town Board’s Training for Intervention Procedures (TIPS) requirement. Proposal: To present the application for the Town Board’s review and consideration for a new Beer & Wine 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 new Beer & Wine Liquor License at 207 Park Lane, Estes Park, Colorado, filed by Aspen and Pines LLC dba SereniTEA’s Tea Room. Page 131 Finance/Resource Impact: The fee paid to the Town of Estes Park for a new Beer & Wine 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 Beer & Wine Liquor license is $869. Level of Public Interest Low. Sample Motion: I move to approve/deny Resolution 32-23. Attachments: 1.Procedure for Hearing 2. Resolution 32-23 3.Application/Map/Individual History 4.Police Report Page 132 1 PROCEDURE FOR HEARING ON APPLICATION NEW LIQUOR LICENSE 1.MAYOR. The next order of business is convening the Liquor Licensing Authority for the Town of Estes Park. The next order of business will be the public hearing on the application of Aspen and Pines LLC dba SereniTEA’s Tea Room, 207 Park Lane for a new Beer & Wine Liquor License located at 207 Park Lane, Estes Park, Colorado. At this hearing, the Liquor Licensing Authority 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 February 10, 2023.  At a meeting of the Board of Trustees on March 14, 2023, the public hearing was set for 7:00 p.m. on Tuesday, March 28, 2023.  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 CD – Commercial Downtown which allows this type of business as a permitted use.  The notice of hearing was published on March 17, 2023 . Attachment 1 Page 133 2  The premises was posted on March 17, 2023 .  There is a police report with regard to the investigation of the applicant.  Status of T.I.P.S. Training: X Unscheduled Scheduled * 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 32-23 be approved/denied for a new Beer & Wine liquor license for the Aspen and Pines LLC dba SereniTEA’s Tea Room, 207 Park Lane, Estes Park, Colorado. Page 134 RESOLUTION 32-23 A RESOLUTION PERMITTING A NEW BEER & WINE LIQUOR LICENSE APPLICATION FOR ASPEN & PINES LLC DBA SERENI TEA’S TEA ROOM 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 March 28, 2023 for a New Beer & Wine Liquor License, filed by Aspen & Pines LLC dba SereniTEA’s Tea Room, 207 Park Lane, 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: The new Beer & Wine Liquor License, filed by Aspen & Pines LLC dba SereniTEA’s Tea Room, 207 Park Lane, Estes Park, Colorado be approved. DATED this day of , 2023. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 2 Page 135 Attachment 3 Page 136 Page 137 Page 138 Page 139 Page 140 Page 141 Page 142 Page 143 Page 144 Page 145 Page 146 Attachment 4 Page 147 Page 148 TOWN CLERK’S OFFICE Memo To: Honorable Mayor Koenig Board of Trustees Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: March 28, 2023 RE: Resolution 33-23 New Hotel & Restaurant Liquor License Application for Karma Vibes LLC dba Karma Vibes, 1110 Woodstock 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 Hotel & Restaurant liquor license located at 1110 Woodstock Drive, Estes Park, Colorado. Application filed by Karma Vibes LLC dba Karma Vibes. Present Situation: An application for a new Hotel & Restaurant liquor license was received by the Town Clerk’s office on February 3, 2023. All necessary paperwork and fees were submitted; please see the attached Procedure for Hearing on Application – New Liquor License for additional information. The applicant is aware of the Town Board’s Training for Intervention Procedures (TIPS) requirement and has owned and operated the Quick Go located at the front half of the building of this property. The applicant is currently remodeling for the purpose of operating a restaurant in the back half of the building located on the property. Staff has been in discussion with the applicant to address the change in use from retail to a restaurant. A certificate of occupancy is required before the new business can begin operation, therefore, serving and selling liquor is conditional on the issuance of the certificate. Proposal: To present the application for the Town Board’s review and consideration for a new Hotel & Restaurant 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. Page 149 Disadvantages: The owner is denied a business opportunity to serve alcohol to patrons. Action Recommended: Approval of the new Hotel & Restaurant Liquor License at 1110 Woodstock Drive, Estes Park, Colorado, filed by Karma Vibes LLC dba Karma Vibes. Finance/Resource Impact: The fee paid to the Town of Estes Park for a new Hotel & Restaurant 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 Hotel & Restaurant Liquor license is $869. Level of Public Interest Low. Sample Motion: I move to approve/deny Resolution 33-23. Attachments: 1.Procedure for Hearing 2. Resolution 33-23 3.Application/Map/Individual History 4.Police Report Page 150 1 PROCEDURE FOR HEARING ON APPLICATION NEW LIQUOR LICENSE 1.MAYOR. The next order of business is convening the Liquor Licensing Authority for the Town of Estes Park. The next order of business will be the public hearing on the application of Karma Vibes LLC dba Karma Vibes, 1110 Woodstock Drive for a new Hotel & Restaurant Liquor License located at 1110 Woodstock Drive, Estes Park, Colorado. At this hearing, the Liquor Licensing Authority 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 February 2, 2023.  At a meeting of the Board of Trustees on March 14, 2023, the public hearing was set for 7:00 p.m. on Tuesday, March 28, 2023.  The neighborhood boundaries for the purpose of this application and hearing were established to be 3.70 miles.  The Town has received all necessary fees and hearing costs.  The applicant is filing as a Limited Liability Company.  The property is zoned CO – Commercial Outlying which allows this type of business as a permitted use.  The notice of hearing was published on March 17, 2023 . Attachment 1 Page 151 2  The premises was posted on March 17, 2023 .  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 33-23 be approved/denied for a new Hotel & Restaurant liquor license for the Karma Vibes LLC dba Karma Vibes, 1110 Woodstock Drive, Estes Park, Colorado. Page 152 RESOLUTION 33-23 A RESOLUTION PERMITTING A NEW HOTEL & RESTAURANT LIQUOR LICENSE APPLICATION FOR KARMA VIBES LLC DBA KARMA VIBES 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 March 28, 2023 for a New Hotel & Restaurant Liquor License, filed by Karma Vibes LLC dba Karma Vibes, 1110 Woodstock 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: The new Hotel & Restaurant Liquor License, filed by Karma Vibes LLC dba Karma Vibes, 1110 Woodstock Drive, Estes Park, Colorado be approved. DATED this day of , 2023. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 2 Page 153 Attachment 3 Page 154 Page 155 Page 156 Page 157 Page 158 Page 159 Page 160 Page 161 Page 162 Page 163 Attachment 4 Page 164 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 1. Ordinance 03-23 Amending Chaprter 7.12 of the Estes Park Municipal Code Regarding Animals Constituting a Public Nuisance.  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. Page 165 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. Page 166 POLICE DEPARTMENT Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Captain Corey P. Pass Date: March 28, 2023 RE: Ordinance 03-23 Amending Chapter 7.12 of the Estes Park Municipal Code Regarding Animals Constituting a Public Nuisance (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: To Approve and Adopt Ordinance 03-23, Amending Chapter 7.12 of the Estes Park Municipal Code Regarding Animals Constituting a Public Nuisance Present Situation: Section 7.12.090 of the Municipal Code prohibits the keeping of vicious animals and provides procedures for their destruction in certain circumstances. Currently, nothing in the code prohibits keeping animals that constitute nuisances to the community, as described in the proposed ordinance, but are not so dangerous as to constitute vicious animals potentially warranting destruction. Proposal: Adopt the attached new ordinance 7.12.095 – Animals constituting public nuisances, as written. Advantages: By adopting this new ordinance peace officers and code enforcement officers are given a new tool to use in scenarios where accountability is needed, but it is not so severe that the animal should potentially be required to be euthanized. Disadvantages: None Action Recommended: Staff recommends the adoption of Ordinance 03-23 by amending 7.12 of the Estes Park Municipal Code by creating and adding section 7.12.095 – Animals constituting public nuisances. Page 167 Finance/Resource Impact: None Level of Public Interest The known level of public interest in this item is low. Sample Motion: I move to approve/deny the adoption of Ordinance 03-23. Attachments: 1. Ordinance 03-23 Amending Chapter 7.12 of the Estes Park Municipal Code Regarding Animals Constituting a Public Nuisance Page 168 ORDINANCE NO. 03-23 AN ORDINANCE AMENDING CHAPTER 7.12 OF THE ESTES PARK MUNICIPAL CODE REGARDING ANIMALS CONSTITUTING A PUBLIC NUISANCE WHEREAS, section 7.12.090 of the Municipal Code prohibits the keeping of vicious animals, and provides procedures for their destruction in certain circumstances; and WHEREAS, a separate provision of the Code is warranted to prohibit animals that constitute nuisances to the community but are not so dangerous as to constitute vicious animals potentially warranting destruction; and WHEREAS, the Town’s peace officers should be entrusted with exercising reasonable discretion in determining whether to cite the keeping of an animal as either vicious or a nuisance; and 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. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: Section 1: Section 7.12.095 of the Municipal Code is hereby added, to read as follows: 7.12.095 – Animals constituting public nuisances. (a)The Town Board hereby finds, determines and declares that the following animals are detrimental to the public health, safety and welfare of the inhabitants of the Town, and hereby finds, determines and declares each such animal to be a public nuisance. Any animal that: (1)Menaces, bites or attacks persons; (2)Menaces, bites or attacks other animals; (3)Has been abandoned; (4)Damages public property or private property not owned by the owner, custodian or possessor; or (5)Is tied or otherwise physically fastened to any object on publicly owned property where: (i) the owner, custodian or possessor has departed from the immediate vicinity or location where the animal has been physically fastened; or (ii) the owner, custodian or possessor remains in the immediate vicinity or location, but leaves the animal physically fastened for more than two hours. (b)The public nuisances set forth above are prohibited in the Town. The owner, custodian or possessor of any animal that causes or constitutes a public nuisance shall be in violation of this section and shall be deemed responsible for the actions of the animal. Section 2: This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication by title. Attachment 1 Page 169 PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park, Colorado this ____ day of _______________, 2023. 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 , 2023 and published by title in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of , 2023, all as required by the Statutes of the State of Colorado. Town Clerk APPROVED AS TO FORM: Town Attorney Page 170 COMMUNITY DEVELOPMENT Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jessica Garner, AICP, Community Development Director Date: March 28, 2023 RE: Resolution 34-23 Community Development Revised planning fee schedule (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Review and approve a revised temporary fee schedule for the Community Development Department to amend the Review Deposit Fees category until a new, permanent fee schedule is adopted. Present Situation: The current fee schedule for development applications was adopted in 2016 with two categories of fees collected, standard and review deposit fees. The review deposit fees were to be collected as a lump sum and over the course of the project, staff from all departments involved in the development review process would track their time, Planning staff would provide monthly invoices to the applicant, and refund any remaining balance at the completion of the project. Given the variable nature and complexity of some types of projects, this process could presumably refund any excess balance to the applicant and emphasized cost recovery as an overarching goal. Since the fee schedule was adopted, staff did not follow the prescribed process, and applicants were infrequently issued refunds, and only if requested. Of the roughly 133 pre-applications and 170 projects, only nine refunds were processed between 2018 and 2022. Additionally, staff time has not been calculated at current rates, so the amounts collected or debited from the fee do not reflect current salaries. Proposal: In December, 2022, the Town Board directed staff to update the fee schedule, and the process is currently underway. Ayres Associates is contracted to complete a revised fee schedule and the process will take approximately four months to complete. While this is taking place, staff proposes to remove the review deposit fee category, reduce the fees Page 171 for all projects under that category by 50%, and collect a flat fee with no refunds until the new fee schedule is adopted by the Board. A revised fee schedule with tracked changes is included as an attachment, and all review deposit fees are shown at 50% of the cost approved in 2016. Advantages: •Temporarily reducing the fees and imposing a flat fee instead of a review deposit fee will save staff time and resources to follow an outdated process. •The temporary fee reduction will alleviate the burden of any fees that may be higher than necessary while the fee study is underway. •The process to update the fee schedule has been initiated, and this fee reduction will only be in place until the new fees are adopted by the Board. Disadvantages: •The fee reduction will result in less funds being directed to the General Fund. However, hundreds of previous applications were not handled properly, and this temporary reprieve from the full fee is a good faith gesture to the development community while a new fee schedule is being drafted. Action Recommended: Staff recommends approval of the revised fee schedule as drafted. Finance/Resource Impact: The financial impacts during the four-month process are minimal, and dependent upon how many applications are submitted that previously fell under the criteria of a review deposit fee. It is unknown how many potential applications may be submitted during this time frame, but a reasonable assumption is not many, and considering how many previous projects were not refunded any remaining balance, the impact is minor. Level of Public Interest Low Sample Motion: 1.I move for the approval of Resolution 34-23 2.I move for the denial of Resolution 34-23, for the following reasons: Attachments: 1. Resolution 34-23 2.Exhibit A - Revised Fee Schedule Page 172 RESOLUTION 34-23 RESOLUTION APPROVING THE COMMUNITY DEVELOPMENT REVISED PLANNING FEE SCHEDULE FOR THE TOWN OF ESTES PARK WHEREAS, the Community Development Department has reviewed its current development fee schedule and proposes to temporarily revise its fee schedules and reduce the Deposit Review Fee while a new fee schedule is being completed; and WHEREAS, the revised Community Development fee schedule includes temporary revisions to all review deposit fees. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: 1.The Board approves a revised fee schedule for Planning fees referenced in the title of this resolution and set forth in Exhibit A in substantially the form now before the Board. Underlined material indicates additions and strikethrough material indicates deletions from the previously adopted schedule. 2.The revised fee schedule set forth in Exhibit A shall be effective March 29, 2023, until a new fee schedule is approved by the Town Board. DATED this day of , 2023. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 Page 173 Exhibit A TOWN FEES EFFECTIVE JUNE 2016 form revised April 1, 2020March 28, 2023 STANDARD FEES REVIEW DEPOSIT FEES** Type of Application DepositFee Pre-Application Conference $500250 Development Plan: Staff Level $1,250625 Development Plan: Commission-Level (includes Town Location & Extent Review) $3,2501,625 Development Plan Amendment: Planning Commission-Level $1,500750 Conditional Use Permit $4,5002,250 Special Review Development Plan $4,500 2,250 Planned Unit Development and Amendments $4,5002,250 Development Agreement Modification $1,250625 Preliminary Subdivision Plat $4,5002,250 Final Subdivision Plat $3,0001,500 Minor Land Subdivision $1,500750 Annexation $2,5001,250 Rezoning $4,5002,250 ** Review Deposit fees will be collected as flat fees as shown above until further notice Additional fire impact fees may be collected by the Town of Estes Park-see EVFPD fee schedule at estesvalleyfire.org/plan-review-and-inspections For information on County Fees, visit https://www.larimer.org/sites/default/files/uploads/2019/dev elopment_review_fees_2019-2020_1.pdf https://www.larimer.gov/planning/current-projects/fees Type of Application Fee Improvement Agreement/ Letter of Credit 0.5% of credit amount Cell-Towers: Administrative Review $1,300 Administrative Appeal (Staff Level)$300 Administrative Appeal (Board/Commission Level) $500 Amended Plat $1,250 Boundary Line Adjustment $1,250 Lot Consolidation $1,250 Right-of-Way Vacation $600 Easement Vacation $500 Legal Lot Determination $500 Temporary Use Permit $75 Variance: Prior to Construction $725 Variance: After Construction $1,275 Development Plan Amendment: Staff Level $870 Development Agreement or Annexation Agreement $1,500 Preliminary Plat Time Extension $500 Final Plat Time Extension $500 Preliminary Condominium Map $1,200 Final Condominium Map $500 Supplemental Condominium Map $300 Amended Condominium Map $500 Staff Minor Modification (EVDC 3.7): Prior to Construction $150 Staff Minor Modification (EVDC 3.7): After Construction $300 Certificate of Occupancy Inspection $0 for first, $50 for each subsequent Sign Permit (Except for Banners)$75 Temporary Banner Permit $35 Sign Variance $350 170 MAC GREGOR AVE. • P.O. BOX 1200 • ESTES PARK, CO • 80517 • PH. 970-577-3721 • planning@estes.org • www.estes.org ESTES PARK COMMUNITY DEVELOPMENT Attachment 2 Page 174 ESTES PARK COMMUNITY DEVELOPMENT REVIEW DEPOSIT FEES Land use application types requiring the most staff time and resources will require a review deposit collected at the pre- application meeting. Project expenses, including, but not limited to, staff time, legal time, and overhead costs such as printing and public noticing, will be tracked by the department and issued to the applicant on the last business day of each month. Expenses will be tracked until such time that the application is approved by the decision-making body and/or recorded, or the application is officially withdrawn by the applicant. Should a project’s expenses be less than the collected deposit amount, the applicant shall be refunded the difference. The deposit amount indicates the maximum amount that will be charged to the applicant, even if the project expenses exceed that amount. Outsourced reviews are not subject to a maximum. Should an applicant be submitting multiple applications concurrently, the largest application deposit shall be collected. For example, if an applicant submits a Rezoning application and a Commission- Level Development Plan, a $4,500 review deposit shall be collected. The Review Deposit Fee Policy will improve levels of customer service for the most complex development review services provided by the Community Development Department. This new policy provides a number of benefits to applicants, including: •Incentives for complete submittals. Applicants are able to reduce their review costs by following development review requirements. •Elimination of certain pre-application meeting fees. No pre-application meeting fee is required for simpler application types, such as Amended Plats. •Quantified review process. Applicants will be provided with a list of tasks completed and time spent on their project each month during the review process. STANDARD FEES The majority of land use applications and services require a standard fee, collected at the time of application submittal or delivery of service. *GENERAL POLICIES •Submittals will not be accepted until the applicable fee has been paid. •For standard fees, additional fees equal to 20% of the original application fee will be charged for all incomplete applications or for multiple requests for plan review. •Certain project types are eligible for fee waivers. For more information on the department’s fee waiver policy, please contact the Community Development Director. •Application reviews may be outsourced at the discretion of the Community Development Director. Outsourced reviews will be charged at total cost of the review. •Recording fees will be collected at the time of recording. Please make check payable to: Larimer County Clerk and Recorder. *Applicable to all application types requiring standard fees or review deposits unless otherwise noted. Page 175 3/29/2023 Community Development Revised Review Deposit Fee Discussion Jessica Garner, AICP, Community Development Director March 28, 2023 Community Development 1 2 Page 176 3/29/2023 Revised Review Deposit Fees Advantages •Saves time •Alleviate high fee burden during fee study •Temporary while fee study is conducted 3 4 Page 177 3/29/2023 Disadvantages •Less funds into General Fund during the fee study 5 Page 178 FINANCE DEPT Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Duane Hudson, Finance Director Date: March 28, 2023 RE: Resolution 35-23 Supplemental Budget Appropriations #2 to the 2023 Budget (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: To re-appropriate remaining balances for uncompleted 2022 purchase orders to complete the acquisition of goods or services ordered in 2022 but not received by the end of the year and to roll over uncompleted projects underway but not completed in 2022. Present Situation: At the end of each year, the Town will have some purchases, contracts or projects already in progress that were not completed within the fiscal year just ending. 2022 was no exception to this process with several purchase orders and projects still in process at year end. Purchase orders (POs) were entered into the 2022 accounting records to encumber the 2022 budgets for specific purchases. At the end of 2022, the balances left on the PO’s need to be rolled over into the 2023 budget as a budget amendment to complete these transactions in the new year. This is a standard accounting process common to governmental entities that use purchase orders. Projects that were budgeted in 2022 but were not completed within the year also need to be evaluated. A PO is only pulled on a contract or actual outstanding order from a specific vendor. However, not all of a project’s budget may be contracted and encumbered by a PO at the end of the year. The Town follows the practice of budgeting for the full project up front when possible, requiring the funding to be clearly identified and budgeted before the project can start. The 2023 budget was developed with the expectation that these 2022 projects would be completed, and the appropriations would be fully utilized in 2022. Since some of the projects were not completed, the unused appropriations fall to fund balance and must be re-appropriated in 2023 to allow completion of the project. Also, any grants associated with these projects must also be rolled over into 2023 to help pay for the project costs. This is a standard accounting process common to governmental entities that perform significant capital projects each year. Page 179 Proposal: Staff is seeking approval of the budget resolution authorizing the proposed budget amendments. Detailed schedules of the proposed amendments are included in the packet materials listing out each purchase order or project, and related grant revenues. The following contains explanations of the more significant items to be rolled forward or added to 2023: Summary of Supplemental Appropriations: General Fund – Increase of $1,084,763 This includes PO’s totaling $371,887 as detailed in the attached exhibit. The General Fund increase also includes $426,171 in project rollovers, the most significant of which is $112,631 for development code rewrites. A transfer to the Community Reinvestment Fund in the amount of $286,705 is also budgeted to cover the 2022 POs rolled over into the Community Reinvestment Fund. Community Reinvestment Fund – Increase of $4,757,744 This includes PO’s totaling $286,705, including $138,714 for the Community Drive / US 36 roundabout project. Project rollovers totaling $4,471,039 include the Community Drive / US 36 intersection, Town Hall AC Unit Replacement projects, street shop remodel, Tregent Restroom remodel, Performance Park refurbishment, Graves Ave improvements, Big Thompson Flood Mitigation Design and numerous smaller projects. Conservation Trust Fund – Increase of $19,000 This increase includes rollover of $19,000 for the Thumb Open Space parking lot improvements. Larimer County Open Space Fund – Increase of $1,821,302 This includes a small PO for $68 and project rollovers of $1,821,234, primarily for the Fall River Trail project. Trails Improvement Fund – Increase of $2,997,289 This includes PO rollovers of $55,241 for the Fall River Trail and Graves Avenue projects. Project rollovers totaled $2,942,048, again primarily for the Fall River Trail and Graves Avenue projects. Street Improvement Fund – Increase of $2,358,316 This includes PO rollovers of $266,788 for Cleave Street improvements and paving overlays. Project rollovers totaled $2,091,528, including $604,200 left on the 3rd Street Major Rehabilitation project and $1,287,000 on the Estes Park Mobility Hub (Visitor Center Parking Lot & Bus Terminal). Power and Communications Fund – Increase of $4,938,274 This includes PO rollovers of $1,381,775 including $950,860 for broadband contracts. Project rollovers of $3,556,499 include $3,001,600 for broadband buildout. Water Fund – Increase of $28,691,840 This includes PO rollovers of $814,201 for various items including $506,593 for the Prospect Mountain Water District project engineering & design, and $127,095 for the Glacier Creek Water Treatment Plant DOVE project. Project rollovers of $27,877,639 include $14,304,466 Page 180 for Prospect Mountain Water District project, $10,043,300 for the Glacier Creek Water Treatment Plant DOVE project, $2,107,313 for the Bureau Area water line projects. Fleet Maintenance Fund – Increase of $720,035 A PO in the amount of $39,374 was rolled over on the electric trolley facility and charging station project and the remodel of the old water shop into the new fleet shop. Project rollovers of $680,661 included $107,638 to complete the remodel the old water shop into the new fleet shop and $573,023 on the Electric trolley facility and charging station project. Information Systems Technology Fund - Increase of $106,479 This includes PO rollovers of $103,174 for network maintenance and installation of climate control equipment in the backup computer server room at the event center. Project rollovers of $3,305 were also included. Vehicle Replacement Fund – Increase of $171,895 There were no PO’s rolled forward. Project rollovers of $171,895 include 5 pieces of equipment and some additional outfitting charges for 3 other pieces of equipment. Advantages: The Town will be able to operate in compliance with statutory requirements regarding municipal budget law. The Town will also be able to complete the acquisitions and construction projects already underway at the end of the previous year. Disadvantages: None identified. Action Recommended: Staff recommends approval of the 2023 supplemental budget appropriation #2 resolution to roll PO balances forward from 2022 and roll over the remaining project budgets as mentioned above. Finance/Resource Impact: Rollover of uncompleted 2022 purchase orders and project budgets were factored into the development of the 2023 budget. Full use of the existing 2022 PO’s and project budgets were reflected within the ending fund balance projections so rollover of these will not negatively impact the original projected fund balances. General Fund reserves after these amendments are projected at 34.7% of 2023 operating expenditures. Level of Public Interest Limited. Sample Motion: I move for the approval/denial of Resolution 35-23. Attachments: 1. Resolution 35-23 Supplemental Budget Appropriations #2 to the 2023 Budget. 2.Recaps of Proposed Budget Adjustments and Supporting Documents Page 181 RESOLUTION 35-23 SUPPLEMENTAL BUDGET APPROPRIATIONS #2 TO THE 2023 BUDGET WHEREAS, the Board of Trustees of the Town of Estes Park adopted the 2023 annual budget in accordance with the Local Government Budget Law on November 8th, 2022; and WHEREAS, the Town of Estes Park’s accounting system incorporates a purchase order system that encumbers the budget appropriation when commitments for the purchase of goods or services are made; and WHEREAS, encumbrances that were not liquidated in the fiscal year ended December 31, 2022 are to be re-appropriated in the next fiscal year; and WHEREAS, appropriations for certain projects underway that have not been encumbered with a purchase order are to be rolled over to facilitate completion of these projects; 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 2023 be increased by $47,666,937 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 29,189,130 1,084,763 30,273,893 204 Community Reinvestment Fund 5,747,641 4,757,744 10,505,385 211 Conservation Trust Fund 64,000 19,000 83,000 220 Larimer County Open Space Fund 152,674 1,821,302 1,973,976 236 Emergency Response System Fund 65,245 0 65,245 238 Community Center Fund 1,181,301 0 1,181,301 244 Trails Fund 3,133,717 2,997,289 6,131,006 256 Parking Services Fund 811,215 0 811,215 260 Street Fund 4,555,409 2,358,316 6,913,725 502 Power and Communications Fund 26,471,873 4,938,274 31,410,147 503 Water Fund 10,072,929 28,691,840 38,764,769 505 Workforce Housing Fund 500,000 0 500,000 606 Medical Insurance Fund 3,573,042 0 3,573,042 612 Fleet Maintenance Fund 855,131 720,035 1,575,166 625 Information Technology Fund 1,176,844 106,479 1,283,323 635 Vehicle Replacement Fund 249,918 171,895 421,813 645 Risk Management Fund 426,450 0 426,450 Total All Funds 88,226,519 47,666,937 135,893,456 Attachment 1 Page 182 DATED this ______ day of _____________, 2023. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Page 183 TOWN OF ESTES PARK SCHEDULE OF BUDGETED APPROPRIATION CHANGES ALL FUNDS BA# 2 - 2023 Budget Amendment - Rollovers 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 Various Various Purchase Order Rollover - Rollover of purchase orders outstanding at the end of 2022 but not delivered by the end of the year, 12-31-2022. These purchase orders are rolled forward as an increase to the 2023 budget since the original 2023 budget already refected these as completed in 2022. The unspent funding for these pending purchases is sitting in the 12-31-2022 fund balance and should be reappropriated in 2023 to cover the expense when the goods or services are provided in 2023.One Time 371,887 - 371,887 101 General Fund Various Various Project Rollover - Rollover of unobligated project budgets for projects already started but not completed by the end of the year, 12- 31-2022. The Town budgets for the full project at the beginning to make sure we have funding to complete the whole project. This results in balances remaining on these projects at the end of the year. If a contract has been pulled on the project, the remaining balance on the project should be on a purchase order which is rolled separately. Then, to complete the project, the remaining project budget not already spent and not on a purchase order should be rolled foward as well.One Time 426,171 - 426,171 101 General Fund Transfers Out NA Transfers out to the Community Reinvestment Fund to cover costs of the 2022 project rollovers and 2022 POs.One Time 286,705 - 286,705 Total General Fund 1,084,763 -1,084,763 204 Community Reinvestment Fund Various Various Purchase Order Rollover - Rollover of purchase orders outstanding at the end of 2022 but not delivered by the end of the year, 12-31-2022. These purchase orders are rolled forward as an increase to the 2023 budget since the original 2023 budget already refected these as completed in 2022. The unspent funding for these pending purchases is sitting in the 12-31-2022 fund balance and should be reappropriated in 2023 to cover the expense when the goods or services are provided in 2023.One Time 286,705 - 286,705 204 Community Reinvestment Fund Various Various Project Rollover - Rollover of unobligated project budgets for projects already started but not completed by the end of the year, 12- 31-2022. The Town budgets for the full project at the beginning to make sure we have funding to complete the whole project. This results in balances remaining on these projects at the end of the year. If a contract has been pulled on the project, the remaining balance on the project should be on a purchase order which is rolled separately. Then, to complete the project, the remaining project budget not already spent and not on a purchase order should be rolled foward as well.One Time 4,471,039 - 4,471,039 Total Community Reinvestment Fund 4,757,744 -4,757,744 Attachment 2 Page 184 TOWN OF ESTES PARK SCHEDULE OF BUDGETED APPROPRIATION CHANGES ALL FUNDS BA# 2 - 2023 Budget Amendment - Rollovers Fund Fund Name Department Division Description Of Change Type (One Time or Ongoing) One Time Increase (Decrease) Ongoing Increase (Decrease) Total Changes Increase (Decrease) 211 Conservation Trust Fund Various Various Project Rollover - Rollover of unobligated project budgets for projects already started but not completed by the end of the year, 12- 31-2022. The Town budgets for the full project at the beginning to make sure we have funding to complete the whole project. This results in balances remaining on these projects at the end of the year. If a contract has been pulled on the project, the remaining balance on the project should be on a purchase order which is rolled separately. Then, to complete the project, the remaining project budget not already spent and not on a purchase order should be rolled foward as well.One Time 19,000 - 19,000 Total Conservation Trust Fund 19,000 - 19,000 220 Open Space Fund Various Various Purchase Order Rollover - Rollover of purchase orders outstanding at the end of 2022 but not delivered by the end of the year, 12-31-2022. These purchase orders are rolled forward as an increase to the 2023 budget since the original 2023 budget already refected these as completed in 2022. The unspent funding for these pending purchases is sitting in the 12-31-2022 fund balance and should be reappropriated in 2023 to cover the expense when the goods or services are provided in 2023.One Time 68 - 68 220 Open Space Fund Various Various Project Rollover - Rollover of unobligated project budgets for projects already started but not completed by the end of the year, 12- 31-2022. The Town budgets for the full project at the beginning to make sure we have funding to complete the whole project. This results in balances remaining on these projects at the end of the year. If a contract has been pulled on the project, the remaining balance on the project should be on a purchase order which is rolled separately. Then, to complete the project, the remaining project budget not already spent and not on a purchase order should be rolled foward as well.One Time 1,821,234 - 1,821,234 Total Open Space Fund 1,821,302 -1,821,302 244 Trails Improvement Fund Various Various Purchase Order Rollover - Rollover of purchase orders outstanding at the end of 2022 but not delivered by the end of the year, 12-31-2022. These purchase orders are rolled forward as an increase to the 2023 budget since the original 2023 budget already refected these as completed in 2022. The unspent funding for these pending purchases is sitting in the 12-31-2022 fund balance and should be reappropriated in 2023 to cover the expense when the goods or services are provided in 2023.One Time 55,241 - 55,241 Page 185 TOWN OF ESTES PARK SCHEDULE OF BUDGETED APPROPRIATION CHANGES ALL FUNDS BA# 2 - 2023 Budget Amendment - Rollovers Fund Fund Name Department Division Description Of Change Type (One Time or Ongoing) One Time Increase (Decrease) Ongoing Increase (Decrease) Total Changes Increase (Decrease) 244 Trails Improvement Fund Various Various Project Rollover - Rollover of unobligated project budgets for projects already started but not completed by the end of the year, 12- 31-2022. The Town budgets for the full project at the beginning to make sure we have funding to complete the whole project. This results in balances remaining on these projects at the end of the year. If a contract has been pulled on the project, the remaining balance on the project should be on a purchase order which is rolled separately. Then, to complete the project, the remaining project budget not already spent and not on a purchase order should be rolled foward as well.One Time 2,942,048 - 2,942,048 Total Trails Improvement Fund 2,997,289 -2,997,289 260 Street Improvement Fund Various Various Purchase Order Rollover - Rollover of purchase orders outstanding at the end of 2022 but not delivered by the end of the year, 12-31-2022. These purchase orders are rolled forward as an increase to the 2023 budget since the original 2023 budget already refected these as completed in 2022. The unspent funding for these pending purchases is sitting in the 12-31-2022 fund balance and should be reappropriated in 2023 to cover the expense when the goods or services are provided in 2023.One Time 266,788 - 266,788 260 Street Improvement Fund Various Various Project Rollover - Rollover of unobligated project budgets for projects already started but not completed by the end of the year, 12- 31-2022. The Town budgets for the full project at the beginning to make sure we have funding to complete the whole project. This results in balances remaining on these projects at the end of the year. If a contract has been pulled on the project, the remaining balance on the project should be on a purchase order which is rolled separately. Then, to complete the project, the remaining project budget not already spent and not on a purchase order should be rolled foward as well.One Time 2,091,528 - 2,091,528 Total Street Improvement Fund 2,358,316 -2,358,316 502 Power and Communication Fund Various Various Purchase Order Rollover - Rollover of purchase orders outstanding at the end of 2022 but not delivered by the end of the year, 12-31-2022. These purchase orders are rolled forward as an increase to the 2023 budget since the original 2023 budget already refected these as completed in 2022. The unspent funding for these pending purchases is sitting in the 12-31-2022 fund balance and should be reappropriated in 2023 to cover the expense when the goods or services are provided in 2023.One Time 1,381,775 - 1,381,775 Page 186 TOWN OF ESTES PARK SCHEDULE OF BUDGETED APPROPRIATION CHANGES ALL FUNDS BA# 2 - 2023 Budget Amendment - Rollovers Fund Fund Name Department Division Description Of Change Type (One Time or Ongoing) One Time Increase (Decrease) Ongoing Increase (Decrease) Total Changes Increase (Decrease) 502 Power and Communication Fund Various Various Project Rollover - Rollover of unobligated project budgets for projects already started but not completed by the end of the year, 12- 31-2022. The Town budgets for the full project at the beginning to make sure we have funding to complete the whole project. This results in balances remaining on these projects at the end of the year. If a contract has been pulled on the project, the remaining balance on the project should be on a purchase order which is rolled separately. Then, to complete the project, the remaining project budget not already spent and not on a purchase order should be rolled foward as well.One Time 3,556,499 - 3,556,499 Total Power and Communication Fund 4,938,274 -4,938,274 503 Water Fund Various Various Purchase Order Rollover - Rollover of purchase orders outstanding at the end of 2022 but not delivered by the end of the year, 12-31-2022. These purchase orders are rolled forward as an increase to the 2023 budget since the original 2023 budget already refected these as completed in 2022. The unspent funding for these pending purchases is sitting in the 12-31-2022 fund balance and should be reappropriated in 2023 to cover the expense when the goods or services are provided in 2023.One Time 814,201 - 814,201 503 Water Fund Various Various Project Rollover - Rollover of unobligated project budgets for projects already started but not completed by the end of the year, 12- 31-2022. The Town budgets for the full project at the beginning to make sure we have funding to complete the whole project. This results in balances remaining on these projects at the end of the year. If a contract has been pulled on the project, the remaining balance on the project should be on a purchase order which is rolled separately. Then, to complete the project, the remaining project budget not already spent and not on a purchase order should be rolled foward as well.One Time 27,877,639 - 27,877,639 Total Water Fund 28,691,840 -28,691,840 612 Fleet Maintenance Fund Various Various Purchase Order Rollover - Rollover of purchase orders outstanding at the end of 2022 but not delivered by the end of the year, 12-31-2022. These purchase orders are rolled forward as an increase to the 2023 budget since the original 2023 budget already refected these as completed in 2022. The unspent funding for these pending purchases is sitting in the 12-31-2022 fund balance and should be reappropriated in 2023 to cover the expense when the goods or services are provided in 2023.One Time 39,374 - 39,374 Page 187 TOWN OF ESTES PARK SCHEDULE OF BUDGETED APPROPRIATION CHANGES ALL FUNDS BA# 2 - 2023 Budget Amendment - Rollovers Fund Fund Name Department Division Description Of Change Type (One Time or Ongoing) One Time Increase (Decrease) Ongoing Increase (Decrease) Total Changes Increase (Decrease) 612 Fleet Maintenance Fund Various Various Project Rollover - Rollover of unobligated project budgets for projects already started but not completed by the end of the year, 12- 31-2022. The Town budgets for the full project at the beginning to make sure we have funding to complete the whole project. This results in balances remaining on these projects at the end of the year. If a contract has been pulled on the project, the remaining balance on the project should be on a purchase order which is rolled separately. Then, to complete the project, the remaining project budget not already spent and not on a purchase order should be rolled foward as well.One Time 680,661 - 680,661 Total Fleet Maintenance Fund 720,035 -720,035 625 Information Technology Fund Various Various Purchase Order Rollover - Rollover of purchase orders outstanding at the end of 2022 but not delivered by the end of the year, 12-31-2022. These purchase orders are rolled forward as an increase to the 2023 budget since the original 2023 budget already refected these as completed in 2022. The unspent funding for these pending purchases is sitting in the 12-31-2022 fund balance and should be reappropriated in 2023 to cover the expense when the goods or services are provided in 2023.One Time 103,174 - 103,174 625 Information Technology Fund Various Various Project Rollover - Rollover of unobligated project budgets for projects already started but not completed by the end of the year, 12- 31-2022. The Town budgets for the full project at the beginning to make sure we have funding to complete the whole project. This results in balances remaining on these projects at the end of the year. If a contract has been pulled on the project, the remaining balance on the project should be on a purchase order which is rolled separately. Then, to complete the project, the remaining project budget not already spent and not on a purchase order should be rolled foward as well.One Time 3,305 - 3,305 Total Information Technology Fund 106,479 -106,479 635 Vehicle Replacement Fund Various Various Project Rollover - Rollover of unobligated project budgets for projects already started but not completed by the end of the year, 12- 31-2022. The Town budgets for the full project at the beginning to make sure we have funding to complete the whole project. This results in balances remaining on these projects at the end of the year. If a contract has been pulled on the project, the remaining balance on the project should be on a purchase order which is rolled separately. Then, to complete the project, the remaining project budget not already spent and not on a purchase order should be rolled foward as well.One Time 171,895 - 171,895 Total Vehicle Replacement Fund 171,895 -171,895 Total Expenditure Appropriation Changes 47,666,937 -47,666,937 Page 188 101 204 211 220 236 238 244 256 260 GENERAL FUND COMMUNITY REINVESTMENT CONSERVATION TRUST LARIMER COUNTY OPEN SPACE EMERGENCY RESPONSE COMMUNITY CENTER TRAILS PARKING SERVICES STREET Revenues $25,076,742 $6,714,462 $34,100 $924,226 $118,130 $1,181,301 $4,471,357 $838,875 $3,874,627 Expenses 30,273,893 10,505,385 83,000 1,973,976 65,245 1,181,301 6,131,006 811,215 6,913,725 Net (5,197,151)(3,790,923)(48,900)(1,049,750)52,885 0 (1,659,649)27,660 (3,039,098) Estimated Beginning Fund Balance, 1/1/23 14,205,752 5,262,426 97,873 1,408,926 218,672 11 1,663,502 426,803 4,080,213 Add Back Reserves included in Budgeted Expenses 1,013,000 819,900 0 0 0 0 0 0 0 Estimated Ending Fund Balance, 12/31/23 $10,021,601 $2,291,403 $48,973 $359,176 $271,557 $11 $3,853 $454,463 $1,041,115 502 503 505 606 612 625 635 645 POWER AND COMMUNICATIONS WATER WORKFORCE HOUSING LINKAGE IMPACT FEE MEDICAL INSURANCE FLEET INFORMATION TECHNOLOGY VEHICLE REPLACEMENT RISK MANAGEMENT TOTAL Revenues $25,262,361 $31,634,532 $738,090 $3,573,042 $1,384,484 $937,753 $675,677 $426,450 $107,866,209 Expenses 31,410,147 38,764,769 500,000 3,573,042 1,575,166 1,283,323 421,813 426,450 135,893,456 Net (6,147,786)(7,130,237)238,090 0 (190,682)(345,570)253,864 0 (28,027,247) Estimated Beginning Fund Balance, 1/1/23 15,369,059 13,045,459 0 1,918,091 702,077 783,438 1,537,913 54,598 60,774,813 Add Back Reserves included in Budgeted Expenses 509,504 121,306 0 0 0 0 0 0 2,463,710 Estimated Ending Fund Balance, 12/31/23 $9,730,777 $6,036,528 $238,090 $1,918,091 $511,395 $437,868 $1,791,777 $54,598 $35,211,276 TOWN OF ESTES PARK 2023 BUDGET RECAP OF AMENDED BUDGET ALL FUNDS BA# 2 - 2023 Budget Amendment - Rollovers 3/13/2023 3:40 PM BA#2 - 2023 EP Bdgt Rollovers.xlsb Page 189 101 204 211 220 236 238 244 256 260 GENERAL FUND COMMUNITY REINVESTMENT CONSERVATION TRUST LARIMER COUNTY OPEN SPACE EMERGENCY RESPONSE COMMUNITY CENTER TRAILS PARKING SERVICES STREET Estimated Ending Fund Balance, 12/31/23 10,021,601 2,291,403 48,973 359,176 271,557 11 3,853 454,463 1,041,115 Budgeted Reserves *** Pkg Garage Maint Reserve 49,000 - - - - - - - - Childcare Reserve 100,000 - - - - - - - - Workforce Housing Reserve 485,000 - - - - - - - - Facility and Employee Housing Reserve 500,000 - - - - - - - - Capital Reserve - 2,019,900 - - - - - - - Nonspendable Prepaid Fund Bal & Restr Donations 126,361 - - - - - - - - Equipment Reserve - - - - - - - - - Policy 660 Fund Balance Reserves 6,503,680 - - - - - - - - Total Reserved Fund Balance 7,764,041 2,019,900 - - - - - - - Unreserved Budgetary Fund Balance $2,257,560 $271,503 $48,973 $359,176 $271,557 $11 $3,853 $454,463 $1,041,115 502 503 505 606 612 625 635 645 POWER AND COMMUNICATIONS WATER WORKFORCE HOUSING LINKAGE IMPACT FEE MEDICAL INSURANCE FLEET INFORMATION TECHNOLOGY VEHICLE REPLACEMENT RISK MANAGEMENT TOTAL Estimated Ending Fund Balance, 12/31/23 9,730,777 6,036,528 238,090 1,918,091 511,395 437,868 1,791,777 54,598 35,211,276 Budgeted Reserves *** Pkg Garage Maint Reserve - - - - - - - - 49,000 Childcare Reserve - - - - - - - - 100,000 Workforce Housing Reserve - - - - - - - - 485,000 Facility and Employee Housing Reserve - - - - - - - - 500,000 Capital Reserve - - - - - - - - 2,019,900 Nonspendable Prepaid Fund Bal & Restr Donations - - - - - - - - 126,361 Equipment Reserve 2,437,080 736,036 - - - - 1,791,777 - 4,964,893 Policy 660 Fund Balance Reserves 4,841,533 1,500,074 - 1,428,255 157,517 200,000 - - 14,631,059 Total Reserved Fund Balance 7,278,613 2,236,110 - 1,428,255 157,517 200,000 1,791,777 - 22,876,213 Unreserved Budgetary Fund Balance 2,452,164 3,800,418 $238,090 489,836 353,878 237,868 - 54,598 12,335,063 *** These miscellaneous reserves include current year additions to the reserves budgeted as expenses plus amounts accumulated in prior years. The current year additions are added back to fund balance since these appropriations are budget management accounts and are merely changes to reserved fund balances. TOWN OF ESTES PARK 2023 BUDGET RECAP OF AMENDED BUDGETED RESERVES ALL FUNDS BA# 2 - 2023 Budget Amendment - Rollovers Page 190 General Conservation Open Emergency Community Fund Trust Space Response Center 101 211 220 236 238 REVENUE Operating revenues Taxes 20,349,676$ -$ -$ 118,130$ 1,181,301$ Licenses and permits 887,900 - - - - Intergovernmental 556,150 34,000 923,226 - - Charges for services 689,135 - - - - Fines and forfeitures 32,000 - - - - Rental income 310,178 - - - - Investment income 75,000 100 1,000 - - Donations 30,000 - - - - Miscellaneous 649,894 - - - - Total Operating Revenues 23,579,933 34,100 924,226 118,130 1,181,301 Other sources Transfers-In from other funds 1,496,809 - - - - Sale of assets - - - - - Financing proceeds - - - - - TOTAL REVENUES 25,076,742 34,100 924,226 118,130 1,181,301 EXPENDITURES Operating expenditures Source of supply - - - - - Personnel 13,237,801 - 37,574 - - Operations & maintenance 11,264,928 24,000 58,280 16,700 1,181,301 Total Operating Expenditures 24,502,729 24,000 95,854 16,700 1,181,301 Other uses Debt service - - - 48,545 - Capital 1,186,694 59,000 1,878,122 - - Transfers-out to other funds 4,584,470 - - - - Contingency - - - - - TOTAL EXPENDITURES 30,273,893 83,000 1,973,975 65,245 1,181,301 NET SOURCE (USE) OF FUNDS (5,197,151) (48,900) (1,049,749) 52,885 - FUND BALANCES, Beginning 14,205,752 97,873 1,408,926 218,672 11 Reserve increases included in exp. above 1,013,000 - - - - FUND BALANCES, End of Year 10,021,601 48,973 359,177 271,557 11 TOWN OF ESTES PARK 2023 BUDGET FINANCIAL OVERVIEW - AMENDED BUDGET Special Revenue Funds ALL FUNDS BA# 2 - 2023 Budget Amendment - Rollovers Page 191 Capital Projects Special Revenue Funds (Cont)Fund Parking Community Information Vehicle Risk Trails Services Streets Reinvestment Medical Fleet Technology Replacement Management 244 256 260 204 606 612 625 635 645 590,651$ -$ 2,835,123$ -$ -$ -$ -$ -$ -$ - 24,000 - - - - - - - 3,878,706 - 1,029,504 1,484,116 - 534,184 - - - - 775,125 - - 250,000 848,300 937,753 675,677 426,450 - 39,000 - - - - - - - - - - - - - - - - 2,000 - 10,000 - 10,000 2,000 - - - - - -327,500 - - - - - - 750 - 5,000 3,313,042 - - - - 4,471,357 838,875 3,874,627 1,816,616 3,573,042 1,384,484 937,753 675,677 426,450 - - - 4,584,470 - - - - - - - - - - - - - - - - - 313,376 - - - - - 4,471,357 838,875 3,874,627 6,714,462 3,573,042 1,384,484 937,753 675,677 426,450 - - - - - - - - - 131,550 240,440 201,749 - - 740,002 720,305 - - - 570,775 563,845 545,726 3,573,042 115,129 364,460 - 426,450 131,550 811,215 765,594 545,726 3,573,042 855,131 1,084,765 - 426,450 - - - 966,265 - - - - - 5,999,456 - 6,148,131 8,993,395 - 720,035 198,558 421,813 - - - -- - - - - - - - - - - - - - - 6,131,006 811,215 6,913,725 10,505,385 3,573,042 1,575,165 1,283,323 421,813 426,450 (1,659,649) 27,660 (3,039,098) (3,790,923) - (190,681) (345,570) 253,864 - 1,663,502 426,803 4,080,213 5,262,426 1,918,091 702,077 783,438 1,537,913 54,598 - - - 819,900 - - - - - 3,853 454,463 1,041,115 2,291,403 1,918,091 511,396 437,868 1,791,777 54,598 TOWN OF ESTES PARK 2023 BUDGET FINANCIAL OVERVIEW - AMENDED BUDGET Internal Service Funds ALL FUNDS BA# 2 - 2023 Budget Amendment - Rollovers Page 192 Power & Workforce Housing Linkage % of Communication Water Impact Fee Total 502 503 505 Total REVENUE Operating revenues Taxes -$ -$ -$ 25,074,881$ 28.08% Licenses and permits - - 738,090 1,649,990 1.85% Intergovernmental 3,591,361 12,979,000 - 25,010,247 28.01% Charges for services 21,477,400 6,472,532 - 32,552,372 36.45% Fines and forfeitures - - - 71,000 0.08% Rental income 12,600 - - 322,778 0.36% Investment income 85,000 15,000 - 200,100 0.22% Donations - - - 357,500 0.40% Miscellaneous 96,000 - - 4,064,686 4.55% Total Operating Revenues 25,262,361 19,466,532 738,090 89,303,554 100.00% Other sources Transfers-In from other funds - - - 6,081,279 Sale of assets - - - - Financing proceeds - 12,168,000 - 12,481,376 TOTAL REVENUES 25,262,361 31,634,532 738,090 107,866,209 EXPENDITURES Operating expenditures Source of supply 8,168,860 125,000 - 8,293,860 13.85% Personnel 5,946,377 3,303,214 - 24,559,010 41.01% Operations & maintenance 5,250,897 2,572,082 500,000 27,027,615 45.14% Total Operating Expenditures 19,366,134 6,000,296 500,000 59,880,485 100.00% Other uses Debt service 2,627,745 526,944 - 4,169,499 Capital 8,061,334 32,095,654 - 65,762,191 Transfers-out to other funds 1,354,934 141,875 - 6,081,279 Contingency - - - - TOTAL EXPENDITURES 31,410,147 38,764,768 500,000 135,893,454 NET SOURCE (USE) OF FUNDS (6,147,786) (7,130,236) 238,090 (28,027,245) FUND BALANCES, Beginning 15,369,059 13,045,459 - 60,774,813 509,504 121,306 - 2,463,710 FUND BALANCES, End of Year 9,730,777 6,036,529 238,090 35,211,278 TOWN OF ESTES PARK 2023 BUDGET FINANCIAL OVERVIEW - AMENDED BUDGET ALL FUNDS Enterprise Funds BA# 2 - 2023 Budget Amendment - Rollovers Page 193 Fund/Dept Fund Name 2023 Adopted Budget Amendment 2023 Amended Budget 101 GENERAL FUND 25,009,690 67,052 25,076,742 204 COMMUNITY REINVESTMENT 5,247,641 1,466,821 6,714,462 211 CONSERVATION TRUST 34,100 - 34,100 220 LARIMER COUNTY OPEN SPACE 476,000 448,226 924,226 236 EMERGENCY RESPONSE 118,130 - 118,130 238 COMMUNITY CENTER 1,181,301 - 1,181,301 244 TRAILS 2,592,651 1,878,706 4,471,357 256 PARKING SERVICES 838,875 - 838,875 260 STREET 2,845,123 1,029,504 3,874,627 502 POWER AND COMMUNICATIONS 22,456,937 2,805,424 25,262,361 503 WATER 6,487,532 25,147,000 31,634,532 505 WORKFORCE HOUSING LINKAGE IMPACT FEE 738,090 - 738,090 606 MEDICAL INSURANCE 3,573,042 - 3,573,042 612 FLEET 850,300 534,184 1,384,484 625 INFORMATION TECHNOLOGY 937,753 - 937,753 635 VEHICLE REPLACEMENT 675,677 - 675,677 645 RISK MANAGEMENT 426,450 - 426,450 TOTAL 74,489,292 33,376,917 107,866,209 BA# 2 - 2023 Budget Amendment - Rollovers TOWN OF ESTES PARK 2023 BUDGET SUMMARY OF ANTICIPATED REVENUE ALL FUNDS Page 194 Fund/Dept Fund Name 2023 Adopted Budget Amendment 2023 Amended Budget 101 GENERAL FUND 101-1100 Legislative 337,248 1,610 338,858 101-1190 Town Attorney 383,737 - 383,737 101-1200 Judicial 89,654 - 89,654 101-1300 Town Administrator's Office 430,545 4,000 434,545 101-1400 Town Clerk's Office 395,431 32,194 427,625 101-1500 Finance 714,330 - 714,330 101-1600 Planning 901,164 125,731 1,026,895 101-1700 Facilities 1,786,957 79,285 1,866,242 101-1800 Employee Benefits 439,668 16,500 456,168 101-1900 Community Service Grants 1,893,012 - 1,893,012 101-1945 Workforce Housing 413,000 - 413,000 101-2100 Police - Patrol 5,549,815 37,302 5,587,117 101-2155 Police - Communications 1,465,209 4,717 1,469,926 101-2175 Police - Comm Svcs 451,560 195 451,755 101-2185 Police - Code Enforcement 169,489 - 169,489 101-2300 Building Safety Divison 672,640 64,067 736,707 101-2400 Engineering 623,413 13,539 636,952 101-2600 Visitor Center 574,522 55,000 629,522 101-3100 Streets 1,563,984 45,984 1,609,968 101-3175 Stormwater Maintenance 519,156 - 519,156 101-5200 Parks 1,544,801 222,330 1,767,131 101-5500 Special Events 2,778,455 - 2,778,455 101-5600 Transportation 700,291 80,604 780,895 101-5690 Parking - - - 101-5700 Museum 493,284 15,000 508,284 101-9000 Transfers 4,297,765 286,705 4,584,470 101 GENERAL FUND 29,189,130 1,084,763 30,273,893 204 COMMUNITY REINVESTMENT 5,747,641 4,757,744 10,505,385 211 CONSERVATION TRUST 64,000 19,000 83,000 220 LARIMER COUNTY OPEN SPACE 152,674 1,821,302 1,973,976 236 EMERGENCY RESPONSE 65,245 - 65,245 238 COMMUNITY CENTER 1,181,301 - 1,181,301 244 TRAILS 3,133,717 2,997,289 6,131,006 256 PARKING SERVICES 811,215 - 811,215 260 STREET 4,555,409 2,358,316 6,913,725 502 POWER AND COMMUNICATIONS 26,471,873 4,938,274 31,410,147 503 WATER 10,072,929 28,691,840 38,764,769 505 WORKFORCE HOUSING LINKAGE IMPACT FEE 500,000 - 500,000 606 MEDICAL INSURANCE 3,573,042 - 3,573,042 612 FLEET 855,131 720,035 1,575,166 625 INFORMATION TECHNOLOGY 1,176,844 106,479 1,283,323 635 VEHICLE REPLACEMENT 249,918 171,895 421,813 645 RISK MANAGEMENT 426,450 - 426,450 TOTAL ALL FUNDS 88,226,519 47,666,937 135,893,456 BA# 2 - 2023 Budget Amendment - Rollovers TOWN OF ESTES PARK 2023 BUDGET SUMMARY OF APPROPRIATIONS ALL FUNDS Page 195 Dept # 2023 Adopted Budget BA#1 - Budget Amendment 2023 Amended Budget REVENUE Taxes 20,349,676 - 20,349,676 Licenses and permits 887,900 - 887,900 Intergovernmental 489,098 67,052 556,150 Charges for services 689,135 - 689,135 Fines and forfeitures 32,000 - 32,000 Rental income 310,178 - 310,178 Investment income 75,000 - 75,000 Donations 30,000 - 30,000 Miscellaneous 649,894 - 649,894 Transfers-In from other funds 1,496,809 - 1,496,809 Sale of assets - - - Financing Proceeds - - - Total Revenues 25,009,690 67,052 25,076,742 EXPENDITURES Legislative 1100 337,248 1,610 338,858 Attorney 1190 383,737 - 383,737 Judicial 1200 89,654 - 89,654 Town Administrator 1300 430,545 4,000 434,545 Town Clerk 1400 395,431 32,194 427,625 Finance 1500 714,330 - 714,330 Planning 1600 901,164 125,731 1,026,895 Facilities 1700 1,786,957 79,285 1,866,242 Human Resources 1800 439,668 16,500 456,168 Outside Entity Funding 1900 1,893,012 - 1,893,012 Workforce Housing 1945 413,000 (0) 413,000 Police - Patrol 2100 5,549,815 37,302 5,587,117 Police - Communications 2155 1,465,209 4,717 1,469,926 Police - Support Services 2175 451,560 195 451,755 Police - Code Enforcement 2185 169,489 - 169,489 Building Safety 2300 672,640 64,067 736,707 Engineering 2400 623,413 13,539 636,952 Visitor Services 2600 574,522 55,000 629,522 Streets 3100 1,563,984 45,984 1,609,968 Stormwater Maintenance 3175 519,156 - 519,156 Parks 5200 1,544,801 222,330 1,767,131 Special Events 5500 2,778,455 - 2,778,455 Transit 5600 700,291 80,604 780,895 Museum 5700 493,284 15,000 508,284 Transfers Out 9000 4,297,765 286,705 4,584,470 Contingency - Grants 9000 - - - Rounding - - - Total Expenditures 29,189,130 1,084,763 30,273,893 Net Income (Loss)(4,179,440) (1,017,711) (5,197,151) Beginning Fund Balance 14,205,752 14,205,752 Reserves Included in Expenditures 1,013,000 1,013,000 Ending Fund Balance 11,039,312 (1,017,711) 10,021,601 TOWN OF ESTES PARK 2023 BUDGET GENERAL FUND # 101 SUMMARY BY FUND & DEPARTMENT BA# 2 - 2023 Budget Amendment - Rollovers Page 196 Dept # 2023 Adopted Budget BA#1 - Budget Amendment 2023 Amended Budget REVENUE Taxes - - - Licenses and permits - - - Intergovernmental 304,000 1,180,116 1,484,116 Charges for services - - - Fines and forfeitures - - - Rental income - - - Investment income - - - Donations 327,500 - 327,500 Miscellaneous 5,000 - 5,000 Transfers-In from other funds 4,297,765 286,705 4,584,470 Sale of assets - - - Financing Proceeds 313,376 - 313,376 Total Revenues 5,247,641 1,466,821 6,714,462 EXPENDITURES Community Reinvestment Fund 5400 522,000 23,726 545,726 Capital Outlay 5400 4,259,376 4,734,019 8,993,395 Debt Service 6700 966,265 - 966,265 Transfers Out 9000 - - - Rounding - - - Total Expenditures 5,747,641 4,757,744 10,505,385 Net Income (Loss)(500,000) (3,290,923) (3,790,923) Beginning Fund Balance 5,262,426 5,262,426 Reserves Included in Expenditures 819,900 819,900 Ending Fund Balance 5,582,326 (3,290,923) 2,291,403 2023 BUDGET TOWN OF ESTES PARK COMMUNITY REINVESTMENT FUND # 204 SUMMARY BY FUND & DEPARTMENT BA# 2 - 2023 Budget Amendment - Rollovers Page 197 Dept # 2023 Adopted Budget BA#1 - Budget Amendment 2023 Amended Budget REVENUE Taxes - - - Licenses and permits - - - Intergovernmental 34,000 - 34,000 Charges for services - - - Fines and forfeitures - - - Rental income - - - Investment income 100 - 100 Donations - - - Miscellaneous - - - Transfers-In from other funds - - - Sale of assets - - - Financing Proceeds - - - Total Revenues 34,100 - 34,100 EXPENDITURES Conservation Trust Fund 64,000 19,000 83,000 Rounding - - - Total Expenditures 64,000 19,000 83,000 Net Income (Loss)(29,900) (19,000) (48,900) Beginning Fund Balance 97,873 97,873 Ending Fund Balance 67,973 (19,000) 48,973 2023 BUDGET TOWN OF ESTES PARK CONSERVATION TRUST FUND # 211 SUMMARY BY FUND & DEPARTMENT BA# 2 - 2023 Budget Amendment - Rollovers Page 198 Dept # 2023 Adopted Budget BA#1 - Budget Amendment 2023 Amended Budget REVENUE Taxes - - - Licenses and permits - - - Intergovernmental 475,000 448,226 923,226 Charges for services - - - Fines and forfeitures - - - Rental income - - - Investment income 1,000 - 1,000 Donations - - - Miscellaneous - - - Transfers-In from other funds - - - Sale of assets - - - Financing Proceeds - - - Total Revenues 476,000 448,226 924,226 EXPENDITURES Open Space 4600 83,774 12,080 95,854 Capital Outlay 4600 68,900 1,809,222 1,878,122 Transfers Out 9000 - - - Rounding - - - Total Expenditures 152,674 1,821,302 1,973,975 Net Income (Loss)323,326 (1,373,076) (1,049,749) Beginning Fund Balance 1,408,926 1,408,926 Ending Fund Balance 1,732,252 (1,373,076) 359,177 BA# 2 - 2023 Budget Amendment - Rollovers TOWN OF ESTES PARK 2023 BUDGET LARIMER COUNTY OPEN SPACE FUND # 220 SUMMARY BY FUND & DEPARTMENT Page 199 Dept # 2023 Adopted Budget BA#1 - Budget Amendment 2023 Amended Budget REVENUE Taxes 118,130 - 118,130 Licenses and permits - - - Intergovernmental - - - Charges for services - - - Fines and forfeitures - - - Rental income - - - Investment income - - - Donations - - - Miscellaneous - - - Transfers-In from other funds - - - Sale of assets - - - Financing Proceeds - - - Total Revenues 118,130 - 118,130 EXPENDITURES Emergency Response System 3600 16,700 - 16,700 Debt Service 3600 48,545 - 48,545 Capital Outlay 3600 - - - Transfers Out 9000 - - - Rounding - - - Total Expenditures 65,245 - 65,245 Net Income (Loss)52,885 - 52,885 Beginning Fund Balance 218,672 218,672 Ending Fund Balance 271,557 - 271,557 SUMMARY BY FUND & DEPARTMENT 2023 BUDGET EMERGENCY RESPONSE SYSTEM FUND # 236 BA# 2 - 2023 Budget Amendment - Rollovers TOWN OF ESTES PARK Page 200 Dept # 2023 Adopted Budget BA#1 - Budget Amendment 2023 Amended Budget REVENUE Taxes 1,181,301 - 1,181,301 Licenses and permits - - - Intergovernmental - - - Charges for services - - - Fines and forfeitures - - - Rental income - - - Investment income - - - Donations - - - Miscellaneous - - - Transfers-In from other funds - - - Sale of assets - - - Financing Proceeds - - - Total Revenues 1,181,301 - 1,181,301 EXPENDITURES Community Center 3800 1,181,301 - 1,181,301 Transfers Out 9000 - - - Rounding - - - Total Expenditures 1,181,301 - 1,181,301 Net Income (Loss)- - - Beginning Fund Balance 11 11 Ending Fund Balance 11 - 11 TOWN OF ESTES PARK 2023 BUDGET COMMUNITY CENTER FUND # 238 SUMMARY BY FUND & DEPARTMENT BA# 2 - 2023 Budget Amendment - Rollovers Page 201 Dept # 2023 Adopted Budget BA#1 - Budget Amendment 2023 Amended Budget REVENUE Taxes 590,651 - 590,651 Licenses and permits - - - Intergovernmental 2,000,000 1,878,706 3,878,706 Charges for services - - - Fines and forfeitures - - - Rental income - - - Investment income 2,000 - 2,000 Donations - - - Miscellaneous - - - Transfers-In from other funds - - - Sale of assets - - - Financing Proceeds - - - Total Revenues 2,592,651 1,878,706 4,471,357 EXPENDITURES Trails Expansion Operations 3400 131,550 - 131,550 Capital Outlay 3400 3,002,167 2,997,289 5,999,456 Transfers Out 9000 - - - Rounding - - - Total Expenditures 3,133,717 2,997,289 6,131,006 Net Income (Loss)(541,066) (1,118,583) (1,659,649) Beginning Fund Balance 1,663,502 1,663,502 Ending Fund Balance 1,122,436 (1,118,583) 3,853 BA# 2 - 2023 Budget Amendment - Rollovers TOWN OF ESTES PARK 2023 BUDGET TRAILS EXPANSION FUND # 244 SUMMARY BY FUND & DEPARTMENT Page 202 Dept # 2023 Adopted Budget BA#1 - Budget Amendment 2023 Amended Budget REVENUE Taxes - - - Licenses and permits 24,000 - 24,000 Intergovernmental - - - Charges for services 775,125 - 775,125 Fines and forfeitures 39,000 - 39,000 Rental income - - - Investment income - - - Donations - - - Miscellaneous 750 - 750 Transfers-In from other funds - - - Sale of assets - - - Financing Proceeds - - - Total Revenues 838,875 - 838,875 EXPENDITURES Parking Services Operations 5690 811,215 - 811,215 Capital Outlay 5690 - - - Transfers Out 9000 - - - Rounding - - - Total Expenditures 811,215 - 811,215 Net Income (Loss)27,660 - 27,660 Beginning Fund Balance 426,803 426,803 Ending Fund Balance 454,463 - 454,463 TOWN OF ESTES PARK SUMMARY BY FUND & DEPARTMENT 2023 BUDGET PARKING SERVICES FUND # 256 BA# 2 - 2023 Budget Amendment - Rollovers Page 203 Dept # 2023 Adopted Budget BA#1 - Budget Amendment 2023 Amended Budget REVENUE Taxes 2,835,123 - 2,835,123 Licenses and permits - - - Intergovernmental - 1,029,504 1,029,504 Charges for services - -- Fines and forfeitures - -- Rental income - -- Investment income 10,000 - 10,000 Donations - - - Miscellaneous - - - Transfers-In from other funds - - - Sale of assets - - - Financing Proceeds - - - Total Revenues 2,845,123 1,029,504 3,874,627 EXPENDITURES Street Improvement Operations 2000 735,409 30,185 765,594 Capital Outlay 2000 3,820,000 2,328,131 6,148,131 Transfers Out 9000 - - - Rounding - - - Total Expenditures 4,555,409 2,358,316 6,913,725 Net Income (Loss)(1,710,286) (1,328,812) (3,039,098) Beginning Fund Balance 4,080,213 4,080,213 Ending Fund Balance 2,369,927 (1,328,812) 1,041,115 TOWN OF ESTES PARK 2023 BUDGET STREET IMPROVEMENT FUND # 260 SUMMARY BY FUND & DEPARTMENT BA# 2 - 2023 Budget Amendment - Rollovers Page 204 Dept # 2023 Adopted Budget BA#1 - Budget Amendment 2023 Amended Budget REVENUE Intergovernmental 785,937 2,805,424 3,591,361 Charges for services 21,477,400 - 21,477,400 Rental income 12,600 - 12,600 Investment income 85,000 - 85,000 Donations - - - Miscellaneous 96,000 - 96,000 Transfers-In from other funds - - - Sale of assets - - - Financing Proceeds - - - Total Revenues 22,456,937 2,805,424 25,262,361 EXPENDITURES Source of Supply 6100 8,168,860 - 8,168,860 Distribution 6301 5,615,170 161,574 5,776,744 Customer Accounts 6401 601,931 - 601,931 Admin & General 6501 3,215,467 54,094 3,269,561 Debt Service 6700 2,627,745 - 2,627,745 Broadband 6900 1,540,165 8,872 1,549,037 Capital Outlay 7001 3,347,600 4,713,734 8,061,334 Transfers Out 6600 1,354,934 - 1,354,934 Rounding - - - Total Expenditures 26,471,873 4,938,274 31,410,147 Net Income (Loss)(4,014,936) (2,132,850) (6,147,786) Beginning Fund Balance 15,369,059 15,369,059 Reserves Included in Expenditures 509,504 509,504 Ending Fund Balance 11,863,627 (2,132,850) 9,730,777 TOWN OF ESTES PARK 2023 BUDGET POWER AND COMMUNICATIONS FUND # 502 SUMMARY BY FUND & DEPARTMENT BA# 2 - 2023 Budget Amendment - Rollovers Page 205 Dept # 2023 Adopted Budget BA#1 - Budget Amendment 2023 Amended Budget REVENUE Taxes - - - Licenses and permits - - - Intergovernmental - 12,979,000 12,979,000 Charges for services 6,472,532 - 6,472,532 Fines and forfeitures - - - Rental income - - - Investment income 15,000 - 15,000 Donations - - - Miscellaneous - - - Transfers-In from other funds - - - Sale of assets - - - Financing Proceeds - 12,168,000 12,168,000 Total Revenues 6,487,532 25,147,000 31,634,532 EXPENDITURES Source of Supply 6100 125,000 - 125,000 Purification 6200 1,282,537 36,197 1,318,734 Distribution 6300 2,536,188 10,262 2,546,450 Customer Accounts 6400 380,373 - 380,373 Admin & General 6500 1,620,511 9,227 1,629,738 Debt Service 6700 526,944 - 526,944 Capital Outlay 7000 3,459,500 28,636,154 32,095,654 Transfers Out 6600 141,875 - 141,875 Rounding - - - Total Expenditures 10,072,929 28,691,840 38,764,768 Net Income (Loss)(3,585,397) (3,544,840) (7,130,236) Beginning Fund Balance 13,045,459 13,045,459 Reserves Included in Expenditures 121,306 121,306 Ending Fund Balance 9,581,368 (3,544,840) 6,036,529 2023 BUDGET TOWN OF ESTES PARK WATER FUND # 503 SUMMARY BY FUND & DEPARTMENT BA# 2 - 2023 Budget Amendment - Rollovers Page 206 Dept # 2023 Adopted Budget BA#1 - Budget Amendment 2023 Amended Budget REVENUE Taxes - - - Licenses and permits 738,090 - 738,090 Intergovernmental - - - Charges for services - - - Fines and forfeitures - - - Rental income - - - Investment income - - - Donations - - - Miscellaneous - - - Transfers-In from other funds - - - Sale of assets - - - Financing Proceeds - - - Total Revenues 738,090 - 738,090 EXPENDITURES Workforce Housing Operations 1946 500,000 - 500,000 Capital Outlay 1946 - - - Transfers Out 9000 - - - Rounding - - - Total Expenditures 500,000 - 500,000 Net Income (Loss)238,090 - 238,090 Beginning Fund Balance - - Ending Fund Balance 238,090 - 238,090 SUMMARY BY FUND & DEPARTMENT WORKFORCE HOUSING LINKAGE IMPACT FEE FUND # 505 TOWN OF ESTES PARK 2023 BUDGET BA# 2 - 2023 Budget Amendment - Rollovers Page 207 Dept # 2023 Adopted Budget BA#1 - Budget Amendment 2023 Amended Budget REVENUE Taxes - - - Licenses and permits - - - Intergovernmental - - - Charges for services 250,000 - 250,000 Fines and forfeitures - - - Rental income - - - Investment income 10,000 - 10,000 Donations - - - Miscellaneous 3,313,042 - 3,313,042 Transfers-In from other funds - - - Sale of assets - - - Financing Proceeds - - - Total Revenues 3,573,042 - 3,573,042 EXPENDITURES Medical Insurance Fund Operations 4200 3,573,042 - 3,573,042 Contingency - Med Ins Claims 4200 - - - Rounding - - - Total Expenditures 3,573,042 - 3,573,042 Net Income (Loss)- - - Beginning Fund Balance 1,918,091 1,918,091 Ending Fund Balance 1,918,091 - 1,918,091 TOWN OF ESTES PARK 2023 BUDGET MEDICAL INSURANCE FUND # 606 SUMMARY BY FUND & DEPARTMENT BA# 2 - 2023 Budget Amendment - Rollovers Page 208 Dept # 2023 Adopted Budget BA#1 - Budget Amendment 2023 Amended Budget REVENUE Taxes - - - Licenses and permits - - - Intergovernmental - 534,184 534,184 Charges for services 848,300 - 848,300 Fines and forfeitures - - - Rental income - - - Investment income 2,000 - 2,000 Donations - - - Miscellaneous - - - Transfers-In from other funds - - - Sale of assets - - - Financing Proceeds - - - Total Revenues 850,300 534,184 1,384,484 EXPENDITURES Fleet Maintenance 4300 855,131 - 855,131 Capital Outlay 7000 - 720,035 720,035 Rounding - -- Total Expenditures 855,131 720,035 1,575,165 Net Income (Loss)(4,831) (185,851) (190,681) Beginning Fund Balance 702,077 702,077 Ending Fund Balance 697,246 (185,851) 511,396 BA# 2 - 2023 Budget Amendment - Rollovers TOWN OF ESTES PARK 2023 BUDGET FLEET MAINTENANCE FUND # 612 SUMMARY BY FUND & DEPARTMENT Page 209 Dept # 2023 Adopted Budget BA#1 - Budget Amendment 2023 Amended Budget REVENUE Taxes - - - Licenses and permits - - - Intergovernmental - - - Charges for services 937,753 - 937,753 Fines and forfeitures - - - Rental income - - - Investment income - - - Donations - - - Miscellaneous - - - Transfers-In from other funds - - - Sale of assets - - - Financing Proceeds - - - Total Revenues 937,753 - 937,753 EXPENDITURES IT Operations 2500 1,077,844 6,921 1,084,765 Capital Outlay 2500 99,000 99,558 198,558 Transfers Out 9000 - - - Rounding - - - Total Expenditures 1,176,844 106,479 1,283,323 Net Income (Loss)(239,091) (106,479) (345,570) Beginning Fund Balance 783,438 783,438 Ending Fund Balance 544,347 (106,479) 437,868 INFORMATION SYSTEMS TECHNOLOGY FUND # 625 BA# 2 - 2023 Budget Amendment - Rollovers 2023 BUDGET TOWN OF ESTES PARK SUMMARY BY FUND & DEPARTMENT Page 210 Dept # 2023 Adopted Budget BA#1 - Budget Amendment 2023 Amended Budget REVENUE Taxes - - - Licenses and permits - - - Intergovernmental - - - Charges for services 675,677 - 675,677 Fines and forfeitures - - - Rental income - - - Investment income - - - Donations - - - Miscellaneous - - - Transfers-In from other funds - - - Sale of assets - - - Financing Proceeds - - - Total Revenues 675,677 - 675,677 EXPENDITURES Fleet Replacement Operations 3500 - - - Capital Outlay 7000 249,918 171,895 421,813 Transfers Out 9000 - - - Rounding - - - Total Expenditures 249,918 171,895 421,813 Net Income (Loss)425,759 (171,895) 253,864 Beginning Fund Balance 1,537,913 1,537,913 Ending Fund Balance 1,963,672 (171,895) 1,791,777 BA# 2 - 2023 Budget Amendment - Rollovers TOWN OF ESTES PARK 2023 BUDGET VEHICLE REPLACEMENT FUND # 635 SUMMARY BY FUND & DEPARTMENT Page 211 Dept # 2023 Adopted Budget BA#1 - Budget Amendment 2023 Amended Budget REVENUE Taxes - - - Licenses and permits - - - Intergovernmental - - - Charges for services 426,450 - 426,450 Fines and forfeitures - - - Rental income - - - Investment income - - - Donations - - - Miscellaneous - - - Transfers-In from other funds - - - Sale of assets - - - Financing Proceeds - - - Total Revenues 426,450 - 426,450 EXPENDITURES Risk Management Operations 4100 426,450 - 426,450 Rounding - - - Total Expenditures 426,450 - 426,450 Net Income (Loss)- - - Beginning Fund Balance 54,598 54,598 Ending Fund Balance 54,598 - 54,598 TOWN OF ESTES PARK 2023 BUDGET RISK MANAGEMENT FUND # 645 SUMMARY BY FUND & DEPARTMENT BA# 2 - 2023 Budget Amendment - Rollovers Page 212 General Fund Comm Reinvestment Fund Total (Amended Budget) Fund Balance 10,021,601$ 2,291,403$ 12,313,004$ Year End Balance of Reserves to Exclude Parking Garage Maintenance Reserve (49,000) - (49,000) Childcare Reserve (100,000) - (100,000) Workforce Housing Reserve (485,000) - (485,000) Facilities & Employee Housing Reserve (500,000) - (500,000) Capital Reserve - (2,019,900) (2,019,900) Prepaids and Restricted Donations Estimate (126,361) - (126,361) (1,260,361) (2,019,900) (3,280,261) Unassigned, Unrestricted Fund Balance Subject to Reserve Calculation 8,761,240 271,503 9,032,743 Total Expenditures 30,273,893 10,505,385 40,779,278 Less Reserve Increases (1,013,000) (1,000,000) (2,013,000) Less Transfers Out Between GF & CRF (4,584,470) - (4,584,470) Net Expenditures 24,676,423 9,505,385 34,181,808 Less Capital Expenditures General Fund (173,694) - (173,694) Community Reinvestment Fund - (7,993,395) (7,993,395) Total Capital to Exclude (173,694) (7,993,395) (8,167,089) Total Expenditures Subject to Reserve Calculation 24,502,729$ 1,511,991$ 26,014,720$ 25% Reserve Requirement 6,125,682$ 377,998$ 6,503,680$ Projected Reserve Ratio as of 12-31-2023 35.8%18.0%34.7% TOWN OF ESTES PARK 2023 BUDGET GENERAL & COMMUNITY REINVESTMENT FUNDS FUND BALANCE RESERVE RATIO AS AMENDED BA# 2 - 2023 Budget Amendment - Rollovers Page 213 General Fund Community Reinvestment Fund Total Amended Budget Total Revenues 25,076,742 6,714,462 31,791,204 Less: Capital Grants (One time funds)- 1,464,625 1,464,625 Transfers between GF & CRF - 4,584,470 4,584,470 - 6,049,095 6,049,095 Net Ongoing Revenues 25,076,742 665,367 25,742,109 Total Expenditures 30,273,893 10,505,385 40,779,278 Less: Transfers between GF & CRF 4,584,470 - 4,584,470 Less Significant One Time Expenditures: Wildfire Mitigation Funding 204-5400-544.29-82 - 500,000 500,000 Parking Garage Maint Reserve 101-1700-417-37-99 13,000 - 13,000 Childcare Reserve 101-1900-419.37-97 100,000 - 100,000 Workforce Housing Reserve 101-1945-419-37-98 400,000 - 400,000 Facility and Employee Housing Reserve 101-1700-417.37-96 500,000 - 500,000 Capital Reserve 204-5400-544.37-95 - 1,000,000 1,000,000 Capital 173,694 7,993,395 8,167,089 1,186,694 9,493,395 10,680,089 Net Ongoing Expenditures 24,502,729 1,011,991 25,514,720 Net Ongoing Rev vs Exp 574,013 (346,624) 227,390 TOWN OF ESTES PARK 2023 BUDGET GENERAL & COMMUNITY REINVESTMENT FUNDS BA# 2 - 2023 Budget Amendment - Rollovers ONGOING REVENUES VS ONGONG EXPENDITURES AS AMENDED Page 214 Fund Account #Project Code Project Descr Grant Program / Grantor Federal / State / Other 2022 Amended Budget 2023 Adopted Budget 2022 Grant Projects Rolled Over 2023 Approved Budget 101 101-1600-334.20-00 COMPPL Comp Plan Grant DOLA S 150,000$ -$ 4,128$ 4,128$ 101 101-1945-334.20-00 *22HSN Housing Needs Study Grant DOLA S 51,000 - 2,550 2,550 101 101-2100-333.00-00 BVEST Bulletproof Vest Partnership Program US Dept of Justice F 1,500 6,742 - 6,742 101 101-2100-334.20-00 POMH23 Police Officer Mental Health DOLA S - 35,250 - 35,250 101 101-2100-334.20-00 PDPOST PD Post Grants State of Colorado S - 5,000 - 5,000 101 101-2100-334.20-00 PDPOST PD Post Grants State of Colorado S 5,834 - - - 101 101-2100-334.20-00 PDPOST PD Post Grants State of Colorado S 5,000 - 4,155 4,155 101 101-2100-334.20-00 PDPOST PD Post Grants State of Colorado S 5,625 - -- 101 101-2100-334.20-00 LEAF LEAF State of Colorado S 7,000 - -- 101 101-2100-334.20-00 CDOT High Visibility Enforcement (Seatbelt and DUI Checkpoi State of Colorado S 5,000 - 4,738 4,738 101 101-5600-333.00-00 ELTRL2 Electric Trolley #2 CDOT F 382,547 - - - 101 101-5600-333.00-00 CRRSAA Coronavirus Response & Relief Suppl Approp AllocationCRRSSA Federal Grant F 361,017 - - - 101 101-5600-333.00-00 *TR22 2022 Transit 5311 Operating Grant FTA-5311 F 51,481 35,000 51,481 86,481 101 101-5700-365.20-00 MUSSCN Museum Large Format Scanner Trust Fund Donation O 5,663 - - - 101 101-5700-365.20-00 MUSSCN Museum Large Format Scanner Friends of the Museum Foundation O 3,337 - - - 101 Total *1,035,004 81,992 67,052 149,044 * 204 204-0000-333.00-00 COMMDR Community Drive Intersection CDOT F 750,000 - 750,000 750,000 204 204-0000-333.00-00 BIGTHF Big Thompson Flood Mitigation Design FEMA F 410,625 - 410,625 410,625 204 204-0000-333.00-00 NEAHR Tactical Barricade System Project NEAHR Passthrough F - 79,000 - 79,000 204 204-0000-333.00-00 43MMTP 2043 Multi Model Transportation Plan CDOT F - 225,000 - 225,000 204 204-0000-334.20-00 WILL22 Willow Knolls - Birch Ruins Walkway State of Colorado S 19,491 - 19,491 19,491 204 204-0000-334.20-00 34STDY US 34 Corridor Study CDOT S 50,000 - -- 204 Total *1,230,116 304,000 1,180,116 1,484,116 * 220 220-0000-334.10-00 PICNIC Big Thompson River Picnic Area (Pkg Gar)GOCO S 43,275 - - - 220 220-0000-334.30-00 FRTR1B Fall River Trail Phase 1B MTF M405-026 S 448,226 - 448,226 448,226 220 Total *491,501 - 448,226 448,226 * 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 - 500,000 500,000 244 244-0000-333.00-00 FRTR1A Fall River Trail Phase 1A TAP M405-025 F 955,000 - 955,000 955,000 244 244-0000-333.00-00 FRTR4 Fall River Trail Phase 4 MMOF Grant F - 2,000,000 - 2,000,000 244 244-0000-334.30-00 FRTR2B Fall River Trail Phase 2B Colorado the Beautiful S 363,706 - 363,706 363,706 244 244-0000-334.40-00 FRTR3 Fall River Trail Phase 3 Rocky Mnt Conservancy O 120,039 - -- 244 244-0000-334.40-00 FRTR2B Fall River Trail Phase 2B EV Parks and Rec District O 50,000 - 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 10,000 244 Total *1,998,745 2,000,000 1,878,706 3,878,706 * TOWN OF ESTES PARK 2023 BUDGET SUMMARY OF BUDGETED GRANT REVENUES ALL FUNDS BA# 2 - 2023 Budget Amendment - Rollovers Page 215 Fund Account #Project Code Project Descr Grant Program / Grantor Federal / State / Other 2022 Amended Budget 2023 Adopted Budget 2022 Grant Projects Rolled Over 2023 Approved Budget TOWN OF ESTES PARK 2023 BUDGET SUMMARY OF BUDGETED GRANT REVENUES ALL FUNDS BA# 2 - 2023 Budget Amendment - Rollovers 260 260-0000-334.30-00 EPMOBH EP Mobility Hub - Visitor Center Parking Lot - Design CDOT S 200,000 - 200,000 200,000 260 260-0000-334.30-00 EPMOBH EP Mobility Hub - Visitor Center Parking Lot - Constr CDOT S 830,000 829,504 829,504 260 Total *1,030,000 - 1,029,504 1,029,504 502 502-0000-333.00-00 TBARPA Trailblazer Buildout- ARPA Funding US Dept of Treasury F 1,615,174 - 1,615,174 1,615,174 502 502-0000-334.30-00 TBDOLA Trailblazer Buildout- DOLA Grant DOLA S 1,190,250 - 1,190,250 1,190,250 502 502-0000-333.00-00 WILFRE CDS Fire Mitigation Line Repl CDS (Congressionally Directed Spending)F - 785,937 - 785,937 502 Total *2,805,424 785,937 2,805,424 3,591,361 * 503 503-0000-333.00-00 PMLOAN Prospect Mtn Water Dist Waterline USDA Grant F 10,535,000 - 10,535,000 10,535,000 503 503-0000-333.00-00 GCDOVE GC Disinfection Outreach & Verification Effort USDAGrant F 2,369,000 - 2,369,000 2,369,000 503 503-0000-333.00-00 WUSBOR BOR Water Meter Project US BOR F 75,000 - 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 7,675,000 503 503-0000-388.40-00 GCDOVE GC Disinfection Outreach & Verification Effort USDA Loan F 4,493,000 - 4,493,000 4,493,000 503 Total *25,147,000 - 25,147,000 25,147,000 * 612 612-0000-333.00-00 ELTRCH Trolley Facility Constr CDOT Grant F 260,384 - 260,384 260,384 612 612-0000-333.00-00 ELTRCH Trolley Facility Design CDOT Grant F 37,216 12,833 12,833 612 612-0000-333.00-00 ELTRCH Trolley Facility Constr Additional Federal Grant - Applic Pending F 260,967 - 260,967 260,967 612 Total *558,567 - 534,184 534,184 * 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 34,296,357$ 3,171,929$ 33,090,212$ 36,262,141$ Page 216 Project Name/Description Project Code ACCOUNT NUMBER ACCOUNT DESCRIPTION 2022 Amended Budget 2023 Approved Budget Rolled 2022 Purchase Orders Rolled Remaining 2022 Project Balance 2023 Amended Budget DOCUMENT MANAGEMENT SOFTWARE & EQUIP DOCMGT 101-1400-414.37-01 SOFTWARE 32,194$ -$ -$ 32,194$ 32,194$ COMPREHENSIVE LAND USE PLAN COMPPL 101-1600-416.22-13 CONTRACT/SKILLED SVCS 231,532 - 4,322 - 4,322 DEVELOPMENT CODE REWRITE DEVCOD 101-1600-416.22-13 CONTRACT/SKILLED SVCS - 150,000 - 112,631 262,631 MISC LAND / BUILDING ACQUISITION COSTS FACOPP 101-1700-417.32-21 NEW BUILDINGS - 1,500 - -1,500 FACILITY TRUCK - UTILITY BED FACTBD 101-1700-417.34-42 VEHICLES/TRUCKS 15,000 - - 15,000 15,000 FACILITY & EMPL HOUSING RESERVE FACRSV 101-1700-417.37-96 FACILITY/EMPL HSNG RESERV - 500,000 - - 500,000 PARKING GARAGE MAINTENANCE RESERVE PKGRES 101-1700-417.37-99 MAINTENANCE RESERVE 12,000 13,000 - - 13,000 CHILDCARE RESERVE CHCARE 101-1900-419.37-97 CHILDCARE RESERVES - 100,000 - - 100,000 HOUSING STUDY/NEEDS ASSESSMENT *22HSN 101-1945-419.22-98 PROFESSIONAL SERVICES - OTHER 73,000 - 0 (0) 0 WORKFORCE HOUSING ASSISTANCE WFHASS 101-1945-419.29-80 WORKFORCE HSNG ASSISTANCE 415,000 - -- - WORKFORCE HOUSING RESERVE WFHRES 101-1945-419.37-98 WORKFORCE HSNG RESERVES 85,000 400,000 - - 400,000 VISITOR CENTER MAIN DOOR REPLACEMENT VCDOOR 101-2600-426.32-22 BUILDING REMODELING 55,000 - - 55,000 55,000 VARIABLE MESSAGE SIGNS (CDOT COVID GRANT)*SIGNS 101-3100-431.34-98 OTHER MACHINERY/EQUIPMENT 8,587 - - - - FALL RIVER TRAIL REPAIRS FRTREP 101-5200-452.25-52 WALKWAYS & BIKEWAYS 100,000 - 19,550 80,450 100,000 PEDESTRIAN BRIDGE REPAIRS PDBRDG 101-5200-452.25-52 WALKWAYS & BIKEWAYS 100,000 - 21,760 78,240 100,000 2022 TRANSIT 5311 OPERATING GRANT *TR22 101-5600-456.22-60 TRANSPORTATION FEES 51,481 - -37,656 37,656 CRRSAA TRANSPORTATION GRANT CRRSAA 101-5600-456.22-13 CONTRACT/SKILLED SVCS 51,090 - -- - CRRSAA TRANSPORTATION GRANT CRRSAA 101-5600-456.22-60 TRANSPORTATION FEES 309,927 - -- - CRRSAA TRANSPORTATION GRANT CRRSAA 101-5600-456-25-04 VEHICLES & EQUIP R&M 1,300 - -- - ELECTRIC TROLLEY #2 - 2ND GRANT ELTRL2 101-5600-456.34-42 VEHICLES/TRUCKS 454,370 - -- - COBB-MACDONALD CABIN RE-ROOF CBNRF 101-5700-457.32-22 BUILDING REMODELING 15,000 - -15,000 15,000 MUSEUM LARGE FORMAT SCANNER MUSSCN 101-5700-457.33-32 OFFICE EQUIPMENT 9,000 - -- - *TOTAL GENERAL FUND 2,019,481 1,164,500 45,632 426,171 1,636,303 ** WILDFIRE MITIGATION PROJECT WFMITG 204-5400-544.29-82 WILDFIRE MITIGATION - 500,000 - - 500,000 TOWN WIDE FACILITIES SPACE NEEDS STUDY *SPACE 204-5400-544.22-98 PROF SVCS - OTHER 21,990 - 8,490 (0) 8,490 FACILITY OPPORTUNITY SITES - PURCHASE OPTIONS FACOPP 204-5400-544.31-11 LAND 100,000 100,000 - 100,000 200,000 WILLOW KNOLLS - BIRCH RUINS WALKWAY WILL22 204-5400-544.31-13 LAND IMPROVEMENTS 26,000 - - 26,000 26,000 MUSEUM ANNEX FOUNDATION REPAIRS MUSANX 204-5400-544.32-22 BUILDING REMODELING 12,200 - - - - MUSEUM BOYD BUILDING ROOF REPLACEMENT BOYDRF 204-5400-544.32-22 BUILDING REMODELING 32,000 - - 18,204 18,204 STREET SHOP REMODEL STSHOP 204-5400-544.32-22 BUILDING REMODELING 299,000 - - 299,000 299,000 TREGENT RESTROOM REMODEL TREGRR 204-5400-544.32-22 BUILDING REMODELING 315,000 - - 315,000 315,000 TOWN OF ESTES PARK 2023 BUDGET SCHEDULE OF BUDGETED PROJECTS ALL FUNDS BA# 2 - 2023 Budget Amendment - Rollovers Page 217 Project Name/Description Project Code ACCOUNT NUMBER ACCOUNT DESCRIPTION 2022 Amended Budget 2023 Approved Budget Rolled 2022 Purchase Orders Rolled Remaining 2022 Project Balance 2023 Amended Budget TOWN OF ESTES PARK 2023 BUDGET SCHEDULE OF BUDGETED PROJECTS ALL FUNDS BA# 2 - 2023 Budget Amendment - Rollovers EVENT CENTER ARENA FOOTING RENOVATION ARNA22 204-5400-544.32-22 BUILDING REMODELING 90,128 - - - - EVENT COMPLEX PAVING MPECPV 204-5400-544.32-22 BUILDING REMODELING 250,000 - - 10,000 10,000 PERFORMANCE PARK REFURBISHMENT PERFPK 204-5400-544.32-22 BUILDING REMODELING 200,000 - - 190,669 190,669 COMMUNITY DEVELOPMENT OFFICE REMODEL COMMDV 204-5400-544.32-22 BUILDING REMODELING - 220,000 - (2,756) 217,244 TOWN HALL RECEPTION DESK OFFICE REMODEL THRECD 204-5400-544.32-22 BUILDING REMODELING - 100,000 - -100,000 MUSEUM ROOF/WALL MODIFICATION MUSROF 204-5400-544.32-22 BUILDING REMODELING - 125,000 - -125,000 DUPLICATE REQUEST DUPLIC 204-5400-544.32-22 BUILDING REMODELING - 220,000 - -220,000 TOWN HALL AC UNIT REPLACEMENT - PHASE 1 & 2 ACUNIT 204-5400-544.33-31 FURNITURE/FIXTURES 440,000 - - 440,000 440,000 MUSEUM HVAC REPLACEMENT MUHVAC 204-5400-544.33-31 FURNITURE/FIXTURES - 250,000 - - 250,000 MUSEUM LED LIGHTS CONVERSION MUSLED 204-5400-544.33-31 FURNITURE/FIXTURES - 18,000 - - 18,000 EVENT CENTER ACOUSTICAL PANELS ECACST 204-5400-544.33-31 FURNITURE/FIXTURES - 75,000 - - 75,000 ERP ACCOUNTING SYSTEM REPLACEMENT PROJECT ERP22 204-5400-544.33-33 DATA PROCESSING EQUIPMENT - 537,500 - - 537,500 EVENT CENTER PUBLIC ACCESS WIRELESS INTERNET ECWIRE 204-5400-544.33-36 COMMUNICATION EQUIPMENT 100,000 - 97,481 2,228 99,709 EVENT CENTER SECURITY CAMERA SYSTEM ECSEC 204-5400-544.33-98 EQUIPMENT-OTHER 148,500 - -148,500 148,500 MUSEUM SECURITY CAMERA SYSTEM MUSECC 204-5400-544.33-98 EQUIPMENT-OTHER - 40,000 - - 40,000 MUSEUM ALARM SYSTEM MUSALM 204-5400-544.33-98 EQUIPMENT-OTHER - 24,500 - - 24,500 BOBCAT TOOLCAT TRAIL MAINT EQUIP TOOLCT 204-5400-544.33-98 EQUIPMENT-OTHER - 70,000 - - 70,000 COMPOST AND SOIL SCREEN SCREEN 204-5400-544.33-98 EQUIPMENT-OTHER - 25,000 - - 25,000 STREET SWEEPER LEASE PURCHASE 23SWPR 204-5400-544.33-98 EQUIPMENT-OTHER - 313,376 - - 313,376 WALKER RIDING MOWER FOR PARKS PKMOWR 204-5400-544.33-98 EQUIPMENT-OTHER - 21,000 - - 21,000 TACTICAL BARRICADE SYSTEM PROJECT NEAHR 204-5400-544.33-98 EQUIPMENT-OTHER - 110,000 - - 110,000 STORMWATER CREW PICKUP G68C 204-5400-544.34-41 AUTOMOBILES 62,381 4,500 - 62,381 66,881 NEW OFFICER PATROL CAR G158 204-5400-544.34-41 AUTOMOBILES 70,000 - - 11,044 11,044 EVENTS CENTER WATER TRUCK REPLACEMENT ECWTRT 204-5400-544.34-41 AUTOMOBILES - 145,500 - - 145,500 COMMUNITY DR INTERSECTION CONSTRUCTION CDINTR 204-5400-544.35-51 STREETS 1,938,244 180,100 - (180,100) - COMMUNITY DR ENGINEERING DESIGN COMMDR 204-5400-544.35-51 STREETS 160,827 - 138,714 2,102,387 2,241,101 2043 MULTI MODEL TRANSPORTATION PLAN 43MMTP 204-5400-544.35-51 STREETS - 300,000 - - 300,000 BIG THOMPSON FLOOD MITIGATION DESIGN BIGTHF 204-5400-544.35-53 STORM DRAINAGE 550,000 - - 550,000 550,000 GRAVES AVE IMPROVEMENT- SCOPE EXPANSION GRAVES 204-5400-544.35-60 WALKWAYS & BIKEWAYS 250,000 - - 250,000 250,000 WONDERVIEW VILLAGE TOWNHOME SIDEWALK WVSIDE 204-5400-544.35-60 WALKWAYS & BIKEWAYS - 120,000 - - 120,000 PURCHASE SECOND GREENHOUSE GRNHS2 204-5400-544.35-61 PARK IMPROVEMENTS - 240,000 - - 240,000 DOWNTOWN WAYFINDING PROJECT - PHASE 1 & 2 WAYFND 204-5400-544.35-63 WAYFINDING SIGNAGE 212,733 200,000 26,784 128,483 355,266 FLAP/RAMP ESTIMATED COSTS FLAP 204-5400-544.36-60 FED GRANT - FLAP 1,500,000 - - - - CAPITAL RESERVE CONTRIBUTION CAPRES 204-5400-544.37-95 CAPITAL RESERVES CONTRIB - 819,900 - - 819,900 *TOTAL COMMUNITY REINVESTMENT FUND 6,779,003 4,759,376 271,469 4,471,039 9,501,884 ** Page 218 Project Name/Description Project Code ACCOUNT NUMBER ACCOUNT DESCRIPTION 2022 Amended Budget 2023 Approved Budget Rolled 2022 Purchase Orders Rolled Remaining 2022 Project Balance 2023 Amended Budget TOWN OF ESTES PARK 2023 BUDGET SCHEDULE OF BUDGETED PROJECTS ALL FUNDS BA# 2 - 2023 Budget Amendment - Rollovers THUMB OPEN SPACE PARKING IMPROVEMENTS THMBPK 211-5900-459.35-61 PARK IMPROVEMENTS 19,000 - - 19,000 19,000 THUMB OPEN SPACE - TRAIL IMPROVEMENTS THTIMP 211-5900-459.35-61 PARK IMPROVEMENTS - 40,000 - - 40,000 *TOTAL CONSERVATON TRUST FUND 19,000 40,000 - 19,000 59,000 ** THUMB OPEN SPACE ECOLOGICAL ASSESSMENT *THUMB 220-4600-462.22-13 PROF SVCS - CONTRACT/SKILLED SVC 2,080 - - 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 10,000 BIG THOMPSON RIVER PICNIC AREA (PKG GAR PAVILION) (GOCO g PICNIC 220-4600-462.35-61 PARK IMPROVEMENTS 41,094 - - - - THUMB OPEN SPACE - GATE ON CURRY DRIVE THGATE 220-4600-462.35-61 PARK IMPROVEMENTS 16,000 - - 16,000 16,000 THUMB OPEN SPACE - KIOSK & SIGNS THKIOS 220-4600-462.35-61 PARK IMPROVEMENTS 6,500 - - - - THUMB OPEN SPACE - TRAIL IMPROVEMENTS THTIMP 220-4600-462.35-61 PARK IMPROVEMENTS 30,240 - - 19,669 19,669 CLIMBING ROCK BIG THOMPSON RIVER PICNIC AREA ROCK 220-4600-462.35-61 PARK IMPROVEMENTS 34,489 - - - - PARKS LANDSCAPING REPLACEMENT PROJECT LANDSP 220-4600-462.35-61 PARK IMPROVEMENTS - 68,900 - - 68,900 FALL RIVER TRAIL PHASE 1B (MTF GRANT)FRTR1B 220-4600-462.36-60 FALL RIVER TRAIL IMPR 1,806,620 - 68 1,773,485 1,773,552 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 68,900 68 1,821,234 1,890,201 ** POLICE EOC COMPUTER REPL LPTOP3 236-3600-436.26-33 DATA PROCESSING EQUIPMENT - - - - - *TOTAL EMERGENCY RESPONSE SYSTEM FUND - - - - - ** GRAVES AVE TRAIL (SRT SCHOOL GRANT PROJECT)GRAVES 244-3400-434.35-60 WALKWAYS & BIKEWAYS 994,742 - 18,583 920,889 939,472 MACGREGOR TRAIL EXTENSION EVRPMT 244-3400-434-35-60 WALKWAYS & BIKEWAYS 17,000 - -- - FALL RIVER TRAIL FRTRL 244-3400-434.36-60 FALL RIVER TRAIL IMPR 112,390 - 4,962 (0) 4,962 FALL RIVER TRAIL PHASE 1A (TAP GRANT)FRTR1A 244-3400-434.36-60 FALL RIVER TRAIL IMPR 1,593,750 75,000 30,000 1,538,723 1,643,723 FALL RIVER TRAIL PHASE 2B (CTB GRANT)FRTR2B 244-3400-434.36-60 FALL RIVER TRAIL IMPR 491,862 - 1,695 482,437 484,132 FALL RIVER TRAIL PHASE 4 MMOF GRANT FRTR4 244-3400-434.36-60 FALL RIVER TRAIL IMPR - 2,927,167 - - 2,927,167 *TOTAL TRAILS FUND 3,209,744 3,002,167 55,241 2,942,048 5,999,456 ** MISCELLANEOUS DATA PROCESSING EQUIP EQUIP 256-5690-569.33-33 DATA PROCESSING EQUIPMENT 3,200 - - - - PARKING SERVICE SOFTWARE & EQUIP PKSOFT 256-5690-569.33-33 DATA PROCESSING EQUIPMENT 48,562 - - - - *TOTAL PARKING SERVICES FUND 51,762 - - - - ** Page 219 Project Name/Description Project Code ACCOUNT NUMBER ACCOUNT DESCRIPTION 2022 Amended Budget 2023 Approved Budget Rolled 2022 Purchase Orders Rolled Remaining 2022 Project Balance 2023 Amended Budget TOWN OF ESTES PARK 2023 BUDGET SCHEDULE OF BUDGETED PROJECTS ALL FUNDS BA# 2 - 2023 Budget Amendment - Rollovers PINE KNOLLS DR IMPROVEMENTS PKNOLL 260-2000-420.35-51 STREETS 70,462 (70,462) - 70,462 - WILDFIRE ROAD IMPROVEMENTS WLDFIR 260-2000-420.35-51 STREETS 11,000 - - 371 371 CLEAVE STREET MAJOR REHAB CLEAVE 260-2000-420.35-51 STREETS 305,663 3,000,000 128,260 22,513 3,150,773 3RD STREET MAJOR REHAB 3STLR 260-2000-420.35-51 STREETS 604,200 - - 604,200 604,200 OVERLAY PROGRAM OVRLAY 260-2000-420.35-51 STREETS 740,116 750,462 108,343 95,413 954,218 PARKING LOT REHABILITATION PARKLT 260-2000-420.35-52 PARKING LOT 11,569 220,000 - 11,569 231,569 EP Mobility Hub - Visitor Center Parking Lot EPMOBH 260-2000-420.35-52 PARKING LOT 1,287,000 - - 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 3,900,000 236,603 2,091,528 6,228,131 ** TRAILBLAZER BROADBAND OFFICE TBNBND 502-7001-580.32-21 BUILDINGS 310,374 - - 310,374 310,374 NEW P&C SHOP ON ELM ROAD - DESIGN PCSHOP 502-7001-580.32-21 BUILDINGS - - - - - WOODSTOCK FACILITY LANDSCAPING TBNBND 502-7001-580.32-22 BUILDING REMODELING 14,404 - - 13,707 13,707 P&C UPSTAIRS REMODEL PROJECT PCUPST 502-7001-580.32-22 BUILDING REMODELING 27,000 - - 27,000 27,000 FIBER SHOP RENOVATON FBRSHP 502-7001-580.32-22 BUILDING REMODELING - 30,000 - - 30,000 WOODSTOCK OFFICE FURNITURE TBFURN 502-7001-580.33-32 FURNITURE/FIXTURES 44,773 - - 44,773 44,773 ERP ACCOUNTING SYSTEM REPLACEMENT PROJECT ERP22 502-7001-580.33-33 DATA PROCESSING EQUIPMENT - 350,000 - - 350,000 METERS ELMTR 502-7001-580.33-34 METERS 150,000 75,000 - 150,000 225,000 TRANSFORMER & TRIP SAVERS TRANSF 502-7001-580.33-35 TRANSFORMERS 226,680 400,000 (0) 0 400,000 SMART METER PURCHASES SMRTEL 502-7001-580.33-36 COMMUNICATION EQUIPMENT 70,000 - - 9,506 9,506 VC, REPEATERS, SPARE VC CARDS EQUIP 502-7001-580.33-36 COMMUNICATION EQUIPMENT 10,000 10,000 - 9,624 19,624 NONSPECIFIC EQUIPMENT EQUIP 502-7001-580.33-41 TOOLS 40,000 82,600 - 13,651 96,251 2 REEL TRAILERS - #93370 & 93371 REELTR 502-7001-580.33-98 OTHER EQUIPMENT 48,000 - - 48,000 48,000 3 PHASE REEL TRAILER 933104 502-7001-580.33-98 OTHER EQUIPMENT 130,000 - 118,401 11,599 130,000 REPL 2013 JEEP FREEDOM 93313C 502-7001-580.33-98 OTHER EQUIPMENT 36,344 - -36,344 36,344 NEW ONE TON PICKUP 93345 502-7001-580.33-98 OTHER EQUIPMENT 75,000 - -75,000 75,000 REPL 2003 JD 310SG BACKHOE 93328B 502-7001-580.33-98 OTHER EQUIPMENT 140,000 - -39,666 39,666 REPL 2015 CHEV 3500 93338B 502-7001-580.33-98 OTHER EQUIPMENT 75,000 - -75,000 75,000 Page 220 Project Name/Description Project Code ACCOUNT NUMBER ACCOUNT DESCRIPTION 2022 Amended Budget 2023 Approved Budget Rolled 2022 Purchase Orders Rolled Remaining 2022 Project Balance 2023 Amended Budget TOWN OF ESTES PARK 2023 BUDGET SCHEDULE OF BUDGETED PROJECTS ALL FUNDS BA# 2 - 2023 Budget Amendment - Rollovers REPL ONE TON TRUCK WITH TWO 1/2 TON TRUCKS 93319C 502-7001-580.33-98 OTHER EQUIPMENT 45,000 - 33,944 11,056 45,000 REPL ONE TON TRUCK WITH TWO 1/2 TON TRUCKS 93335A 502-7001-580.33-98 OTHER EQUIPMENT 45,000 - -11,043 11,043 REPL 2012 FORD F-150 4X4 PICKUP 93317B 502-7001-580.34-42 TRUCKS - 60,000 - - 60,000 STREET LIGHTING, POLES & FIXTURES LIGHTS 502-7001-580.35-55 STREET LIGHTS 40,000 40,000 - - 40,000 SMART FUSES (INTELLIRUPTER & TRIP SAVERS)SMTFUS 502-7001-580.35-57 POWER LINE CONSTRUCTION 17,030 - - 17,030 17,030 LINE REBUILD LRBLDS 502-7001-580.35-57 POWER LINE CONSTRUCTION 313,481 - 16,270 - 16,270 BEAVER POINT CIRCUIT/LINE REBUILD BVRPNT 502-7001-580.35-57 POWER LINE CONSTRUCTION - 170,000 - - 170,000 WILDFIRE MITIGATION LINE REPL - 8 SOLID WFLINE 502-7001-580.35-57 POWER LINE CONSTRUCTION - -- - - CDS FIRE MITIGATION LINE REPL WILFRE 502-7001-580.35-57 POWER LINE CONSTRUCTION - 1,060,000 - - 1,060,000 NEW SERVICE CONNECTIONS WOKEXT 502-7001-580.35-59 CUSTOMER SERVICE LINES 742,451 1,000,000 32,217 (113,498) 918,719 UTILITY SYSTEM MASTER PLAN UPDATE LPMSTR 502-7001-580.35-62 UT SYSTEM MASTER PLAN - 50,000 - - 50,000 SMART GRID FIBER OPTIC INSTALL SMTFBR 502-7001-580.35-66 FIBER OPTIC INSTALL 3,694 - 730 (730) (0) TRAILBLAZER BROADBAND CONSTRUCTION TBNBND 502-7001-580.35-66 FIBER OPTIC INSTALL 9,870,661 - 937,539 1,542,622 2,480,161 TRAILBLAZER BROADBAND CONSTRUCTION - DOLA Grant TBDOLA 502-7001-580.35-66 FIBER OPTIC INSTALL 1,190,250 - 3,718 1,134,897 1,138,614 GIS MAPPING IMPROVEMENTS GIS18 502-7001-580.37-01 SOFTWARE DEVELOPMENT 104,114 - 2,862 89,836 92,698 SMART GRID SOFTWARE/MIDDLEWARE DEVELOPMENT SMTGRD 502-7001-580.37-01 SOFTWARE DEVELOPMENT 20,000 20,000 - - 20,000 BUDGET MODULE PROJECT BUDGET 502-7001-580.37-01 SOFTWARE DEVELOPMENT - - - - - UTILITY BILLING MODERNIZATON PROJECT UBPRTL 502-7001-580.37-01 SOFTWARE DEVELOPMENT 5,000 - - - - *TOTAL POWER & COMMUNICATIONS FUND 13,794,256 3,347,600 1,145,681 3,556,499 8,049,780 ** GLACIER CREEK WTP - DISCHARGE OUT STRUCTURE GCDSCH 503-7000-580.32-22 BUILDING REMODELING 50,000 - - 50,000 50,000 BROOK DRIVE WATER SHOP REMODEL (KEARNEY SHOP)KEARNY 503-7000-580.32-22 BUILDING REMODELING 59,555 (53,255) - 53,255 - GCWTP ENGINEERING FOR INTAKE & PLANT IMPR GCTRET 503-7000-580.32-22 BUILDING REMODELING - - - -- GC DISINFECTION OUTREACH AND VERIFICATION EFFORT GCDOVE 503-7000-580.32-22 BUILDING REMODELING 183,941 (183,941) 127,095 56,846 - GENERAL OFFICE EQUIPMENT REPLACEMENT EQUIP 503-7000-580.33-32 OFFICE EQUIPMENT 6,000 - - 6,000 6,000 ERP ACCOUNTING SYSTEM REPLACEMENT PROJECT ERP22 503-7000-580.33-33 DATA PROCESSING EQUIPMENT - 187,500 - - 187,500 METER REPLACEMENT PROJECT SMRTW 503-7000-580.33-34 METERS - -- - - BOR WATER METER REPLACEMENT PROJECT WUSBOR 503-7000-580.33-34 METERS 183,390 - 49,861 39,202 89,062 SCADA UPGRADES AT GLACIER WTP GPSCAD 503-7000-580.33-36 COMMUNICATION EQUIPMENT 57,523 - -- - SCADA VHF REPEATER & RADIOS EQUIP 503-7000-580.33-36 COMMUNICATION EQUIPMENT 90,893 - 5,670 48,324 53,994 TOC AUTOSAMPLER & LAPTOP ATSAMP 503-7000-580.33-37 LABORATORY EQUIPMENT 17,000 - -- - STORAGE TANK MIXER WTRMXR 503-7000-580.33-40 PURIFICATION EQUIPMENT 19,150 - -19,150 19,150 Page 221 Project Name/Description Project Code ACCOUNT NUMBER ACCOUNT DESCRIPTION 2022 Amended Budget 2023 Approved Budget Rolled 2022 Purchase Orders Rolled Remaining 2022 Project Balance 2023 Amended Budget TOWN OF ESTES PARK 2023 BUDGET SCHEDULE OF BUDGETED PROJECTS ALL FUNDS BA# 2 - 2023 Budget Amendment - Rollovers CONFINED SPACE ENTRY EQUIPMENT WTTOOL 503-7000-580.33-41 TOOLS 15,000 - - - - SAFETY EQUIP (TRENCH BOXES AND SPEED SHORING EQUIP)WTTOOL 503-7000-580.33-41 TOOLS 5,000 - - - - LEAK CORRELATOR EQUIP LEAKCO 503-7000-580.33-98 OTHER EQUIPMENT 30,000 (10,000) - 11,508 1,508 BULK WATER DISPENSER REPLACEMENT WTRDIS 503-7000-580.33-98 OTHER EQUIPMENT 150,000 - 6,403 77,271 83,674 EXCAVATOR & SKID STEER ANNUAL TRADE-INS EQUIP 503-7000-580.33-98 OTHER EQUIPMENT 8,000 - -- - TOWABLE AIR COMPRESSOR AIRCMP 503-7000-580.33-98 OTHER EQUIPMENT - 22,000 - - 22,000 CHEV COLORADO PICKUP 90314 503-7000-580.34-42 TRUCKS 3,345 - - - - JOBSITE UTV 90383 503-7000-580.34-42 TRUCKS 20,000 - - 20,000 20,000 2011 FORD F-350 UNIT 9037A REPL 9037B 503-7000-580.34-42 TRUCKS 62,471 - - 62,471 62,471 2007 FORD F-150 UNIT 90311A REPL 90311B 503-7000-580.34-42 TRUCKS 3,362 - - - - 2013 Dodge 3500 90310B 503-7000-580.34-42 TRUCKS 64,000 - - 18,504 18,504 2011 FORD EXPLORER REPL 9035B 503-7000-580.34-42 TRUCKS 31,300 - - 31,300 31,300 2012 FORD F-350 4X4 REPL 9036B 503-7000-580.34-42 TRUCKS 59,700 - - 59,700 59,700 PROSPECT MTN WATER DIST - LOAN IMPROVEMENTS PMLOAN 503-7000-580.35-54 WATER SYSTEM 15,086,247 - 506,593 14,304,466 14,811,059 18" MAIN VALVE INSTALLATIONS 18VALV 503-7000-580.35-54 WATER SYSTEM 120,000 - -120,000 120,000 NCWCD MUNICIPAL SUBDISTRICT INCLUSIONS NCWCD 503-7000-580.35-54 WATER SYSTEM 79,048 - -71,658 71,658 CIP ROCKWELL/WEST RIVERSIDE DR 16" MAIN ROCKWL 503-7000-580.35-54 WATER SYSTEM 95,053 - -85,278 85,278 CIP BUREAU AREA WTBRP4 503-7000-580.35-54 WATER SYSTEM 2,169,176 383,824 - 2,107,313 2,491,137 ACACIA 4" ABANDONMENT ACACA4 503-7000-580.35-54 WATER SYSTEM 29,000 (11,000) - 11,000 - MARYS LAKE WTP PRETREATMENT - PHASE 1 DESIGN MLPRET 503-7000-580.35-54 WATER SYSTEM - 650,000 - -650,000 GLACIER CREEK STORAGE TANK GCTANK 503-7000-580.35-54 WATER SYSTEM - 1,465,000 - -1,465,000 GLACIER CREEK SEPTIC GCSEPT 503-7000-580.35-54 WATER SYSTEM 35,000 - -35,000 GC DISINFECTION OUTREACH AND VERIFICATION EFFORT GCDOVE 503-7000-580.35-54 WATER SYSTEM 10,043,300 - - 10,043,300 10,043,300 CARRIAGE DRIVE WATER MAIN REPL CAHILL 503-7000-580.35-54 WATER SYSTEM 271,079 228,921 - 271,079 500,000 YMCA/THUNDER MOUNTAIN PUMP HOUSE THRMTN 503-7000-580.35-54 WATER SYSTEM 217,798 - - - - THUNDER MOUNTAIN TANK FIBER PMTANK 503-7000-580.35-54 WATER SYSTEM 52,000 - - 6,989 6,989 ROCK GRIZZLY DIRT SCREEN RCKGRZ 503-7000-580.35-54 WATER SYSTEM 21,000 - - - - ELKHORN WATER MAIN REPLACEMENT ELKWTR 503-7000-580.35-54 WATER SYSTEM - 745,451 - - 745,451 UTILITY SYSTEM MASTER PLAN WTRMPL 503-7000-580.35-62 UT SYSTEM MASTER PLAN 300,000 - 62,893 200,619 263,512 WTR RISK ASSESSMT & EMERG RESPONSE PLAN UPDATE WTREMG 503-7000-580.35-62 UT SYSTEM MASTER PLAN 69,024 - -69,024 69,024 GIS WORK WTRGIS 503-7000-580.37-01 SOFTWARE DEVELOPMENT 19,725 - -13,382 13,382 CIP USA WATER RIGHTS WITH BOR WTRRBR 503-7000-580.37-10 WATER RIGHTS 1,797 - -- - WATER RIGHT ACQUISITION/RENEWAL WTRRIT 503-7000-580.37-10 WATER RIGHTS 20,000 - -20,000 20,000 *TOTAL WATER FUND 29,713,877 3,459,500 758,514 27,877,639 32,095,653 ** Page 222 Project Name/Description Project Code ACCOUNT NUMBER ACCOUNT DESCRIPTION 2022 Amended Budget 2023 Approved Budget Rolled 2022 Purchase Orders Rolled Remaining 2022 Project Balance 2023 Amended Budget TOWN OF ESTES PARK 2023 BUDGET SCHEDULE OF BUDGETED PROJECTS ALL FUNDS BA# 2 - 2023 Budget Amendment - Rollovers PURCH WATER SHOP FOR NEW FLEET MAINT FAC FLSHOP 612-7000-610.32-21 BUILDINGS 400,000 - - - - DESIGN FOR REMODEL OF WATER SHOP FOR PW FLSHOP 612-7000-610.32-22 BUILDING REMODELING 158,143 - 33,567 107,638 141,205 ELECTRIC TROLLEY FACILITY & CHG STATION ELTRCH 612-7000-610.32-22 BUILDING REMODELING 622,780 - 5,807 573,023 578,830 *TOTAL FLEET MAINTENANCE FUND 1,180,923 - 39,374 680,661 720,035 ** NEW NETWORK SERVER NETWRK 625-2500-425.33-98 OTHER EQUIPMENT - 60,000 - - 60,000 SHARED NETWORK STORAGE NETWRK 625-2500-425.33-98 OTHER EQUIPMENT - 39,000 - - 39,000 DELL SERVERS & 10 G SWITCHES & NAS STORAGE NETWRK 625-2500-425.33-98 OTHER EQUIPMENT 89,000 - 96,253 0 96,253 MPEC SERVER ROOM AC UNIT ACMPEC 625-2500-425.33-98 OTHER EQUIPMENT 17,500 - - 3,305 3,305 *TOTAL INFORMATION TECHNOLOGY FUND 106,500 99,000 96,253 3,305 198,558 ** POLICE G-155 CRUISER REPLACEMENT G-155A 635-7000-435.34-42 TRUCKS 64,000 - - 3,318 3,318 POLICE CRUISER G-98A G-98B 635-7000-435.34-42 TRUCKS 21,068 - - 21,068 21,068 POLICE CRUISER G-140A G-140A 635-7000-435.34-42 TRUCKS 60,000 - - 747 747 STREETS -NEW STREET SWEEPER COMBINE G116A & G97B G116A 635-7000-435.34-42 TRUCKS 248,526 - - - - PARKS G-66B G66C 635-7000-435.34-42 TRUCKS 42,000 - - - - FLEET G-61 G61A 635-7000-435.34-42 TRUCKS 70,450 - - 70,450 70,450 POLICE CRUISER REPL G142A 635-7000-435.34-42 TRUCKS 70,000 - - 10,346 10,346 POLICE CRUISER REPL G148A 635-7000-435.34-42 TRUCKS 70,000 - - 7,669 7,669 POLICE CRUISER REPL G71C 635-7000-435.34-42 TRUCKS 70,000 - - 28,297 28,297 PARKS FORD RANGER PICKUP G45C 635-7000-435.34-42 TRUCKS 30,000 - - 30,000 30,000 PARKS 4X4 UTILITY VEHICLE G114B 635-7000-435.34-42 TRUCKS 16,000 - - - - PARKS 4X4 UTILITY VEHICLE G128A 635-7000-435.34-42 TRUCKS 16,000 - - - - PARKS VANTAGE CART REPLACEMENT G202A 635-7000-435.34-42 TRUCKS 15,288 - - - - 2012 GMC 3500 4X4 TRUCK REPL G-132A 635-7000-435.34-42 TRUCKS - 46,000 - - 46,000 2010 FORD F-450 4X2 PARKS PICKUP G-22C 635-7000-435.34-42 TRUCKS - 70,000 - - 70,000 2012 FORD EXPEDITION G72D 635-7000-435.34-44 PD VEHICLE - 67,290 - - 67,290 2010 FORD EXPLORER G98A 635-7000-435.34-44 PD VEHICLE - 66,628 - - 66,628 2015 FORD INTERCEPTOR POLICE CRUISER G-147A 635-7000-435.34-44 PD VEHICLE - -- - - *TOTAL VEHICLE REPLACEMENT FUND 793,332 249,918 - 171,895 421,813 ** *TOTAL PROJECT RECAP 62,644,911$ 20,090,961$ 2,648,834$ 44,061,019$ 66,800,814$ Page 223 PO #Date Vendor #Vendor Name ACCOUNT NUMBER PROJECT BALANCE ON PO 038479 1/20/2022 0006513 ROOT POLICY RESEARCH INC 101-1100-411.22-98 1,610$ 038614 4/13/2022 0004930 SLATE COMMUNICATIONS 101-1300-413.23-01 4,000 038429 1/1/2022 0005617 LOGAN SIMPSON DESIGN INC 101-1600-416.22-13 COMPPL 4,322 038560 3/3/2022 0000644 AYRES ASSOCIATES INC 101-1600-416.22-13 8,778 038502 2/1/2022 0002951 MOUNTAIN VIEW COMMERCIAL CLNG,101-1700-417.25-01 29 038547 2/18/2022 0002535 BRIGGS CARPET CARE ESTES PARK LLC 101-1700-417.25-01 1,200 038911 11/8/2022 0006610 MILE HIGH ACCESSIBILITY CONSULTANTS 101-1700-417.25-02 41,600 038495 1/27/2022 0000578 THE HOME DEPOT PRO INSTITUTIONAL 101-1700-417.26-05 6,456 038972 12/20/2022 0000957 WATSON (O. J.) COMPANY, INC.101-1700-417.34-42 G209 15,000 038897 10/31/2022 0003108 MILLIMAN INC 101-1800-418.22-90 16,500 038795 8/16/2022 0006513 ROOT POLICY RESEARCH INC 101-1945-419.22-98 *22HSN - 038968 12/16/2022 0006623 L-TRON CORPORATION 101-2100-421.25-04 6,105 038057 1/1/2022 0006153 SALT LAKE WHOLESALE SPORTS 101-2100-421.26-11 616 038488 1/21/2022 0006153 SALT LAKE WHOLESALE SPORTS 101-2100-421.26-11 3,998 038723 7/1/2022 0006153 SALT LAKE WHOLESALE SPORTS 101-2100-421.26-11 4,142 038982 12/28/2022 0000600 DELL MARKETING LP 101-2100-421.26-33 9,901 038996 1/4/2023 0003833 CURTIS BLUE LINE-LN CURTIS & SONS 101-2100-421.27-01 BVEST 4,540 038977 12/22/2022 0001692 AIMS COMMUNITY COLLEGE 101-2100-421.27-04 8,000 038971 12/16/2022 0006621 COMPUTER SITES INC 101-2155-421.26-46 4,717 038942 11/29/2022 0003974 KINSCO LLC 101-2175-421.27-02 195 038525 2/9/2022 0006179 SAFEBUILT COLORADO LLC 101-2300-423.22-13 64,067 038425 1/1/2022 0006032 TRAIL RIDGE CONSULTING ENGINEERS 101-2400-424.22-02 8,000 038740 7/11/2022 0006558 TR CONSULTING SERVICES LLC 101-2400-424.22-02 2,805 038763 7/27/2022 0006304 GALLOWAY & COMPANY INC 101-2400-424.22-02 *6TA 84 038793 8/16/2022 0006304 GALLOWAY & COMPANY INC 101-2400-424.22-02 2,250 038964 12/16/2022 0006620 ZERRECON LLC 101-2400-424.22-02 400 038945 12/1/2022 0003604 BOBCAT OF THE ROCKIES LLC 101-3100-431.24-03 8,000 TOWN OF ESTES PARK 2023 BUDGET SCHEDULE OF PURCHASE ORDERS TO BE ROLLED OVER ALL FUNDS BA# 2 - 2023 Budget Amendment - Rollovers Page 224 PO #Date Vendor #Vendor Name ACCOUNT NUMBER PROJECT BALANCE ON PO TOWN OF ESTES PARK 2023 BUDGET SCHEDULE OF PURCHASE ORDERS TO BE ROLLED OVER ALL FUNDS BA# 2 - 2023 Budget Amendment - Rollovers 038437 1/1/2022 0000461 4 RIVERS EQUIPMENT LLC 101-3100-431.25-20 895 038526 2/9/2022 0005619 LARIMER COUNTY ROAD & BRIDGE 101-3100-431.25-20 8,437 037365 1/1/2022 0000200 COLORADO PRECAST CONCRETE 101-3100-431.25-24 4,948 037366 1/1/2022 0003601 HDR ENGINEERING SERVICES, INC.101-3100-431.25-24 4,948 038421 1/1/2022 0004583 MARTIN MARIETTA MATERIALS INC 101-3100-431.25-24 11,837 038975 12/21/2022 0005626 COLORADO BARRICADE CO 101-3100-431.25-25 6,919 038680 6/6/2022 0005601 PURE PRESSURE POWER WASHING 101-5200-452.25-01 10,868 038590 3/25/2022 0004748 BEAR SAVER 101-5200-452.25-03 1,609 038946 12/1/2022 0004507 SMITH SIGN STUDIO 101-5200-452.25-03 3,997 038979 12/28/2022 0006507 FITZGERALD PLANNING LLC 101-5200-452.25-52 FRTREP 19,550 038980 12/28/2022 0006507 FITZGERALD PLANNING LLC 101-5200-452.25-52 PDBRDG 21,760 038635 4/27/2022 0003972 COLORADO MATERIALS INC.101-5200-452.26-30 5,856 038905 11/7/2022 0004930 SLATE COMMUNICATIONS 101-5600-456.22-13 42,815 038893 10/26/2022 0006156 RATP DEV USA INC 101-5600-456.22-60 133 TOTAL GENERAL FUND 371,887 038778 8/8/2022 0002924 STEWART ENVIRONMENTAL CONSULTANTS 204-5400-544.22-02 15,236 037214 1/1/2022 0006262 STUDIO ARCHITECTURE LLC 204-5400-544.22-98 *SPACE 8,490 038988 12/30/2022 0006503 SHI INTERNATIONAL CORP 204-5400-544.33-36 ECWIRE 97,481 036511 1/1/2022 0002522 CORNERSTONE ENGINEERING AND 204-5400-544.35-51 COMMDR 98,989 036940 1/1/2022 0006059 MTJ ENGINEERING LLC 204-5400-544.35-51 COMMDR 29,905 038786 8/10/2022 0005636 CROSSER, CHRISTY 204-5400-544.35-51 COMMDR 9,820 038550 2/21/2022 0006325 E. HOLDINGS INC 204-5400-544.35-63 WAYFND 7,149 038967 12/16/2022 0006507 FITZGERALD PLANNING LLC 204-5400-544.35-63 WAYFND 19,635 TOTAL COMMUNITY REINVESTMENT FUND 286,705 Page 225 PO #Date Vendor #Vendor Name ACCOUNT NUMBER PROJECT BALANCE ON PO TOWN OF ESTES PARK 2023 BUDGET SCHEDULE OF PURCHASE ORDERS TO BE ROLLED OVER ALL FUNDS BA# 2 - 2023 Budget Amendment - Rollovers 038763 7/27/2022 0006304 GALLOWAY & COMPANY INC 220-4600-462.36-60 FRTR1B 68 TOTAL OPEN SPACE FUND 68 038763 7/27/2022 0006304 GALLOWAY & COMPANY INC 244-3400-434.35-60 GRAVES 8 038882 10/12/2022 0006175 WESTERN STATES LAND SERVICES LLC 244-3400-434.35-60 GRAVES 18,426 038983 12/29/2022 0006625 MAJESTIC SURVEYING LLC 244-3400-434.35-60 GRAVES 150 038393 1/1/2022 0005538 OTAK INC 244-3400-434.36-60 FRTRL 4,962 038763 7/27/2022 0006304 GALLOWAY & COMPANY INC 244-3400-434.36-60 FRTR2B 1,695 038978 12/28/2022 0006304 GALLOWAY & COMPANY INC 244-3400-434.36-60 FRTR1A 30,000 TOTAL TRAILS FUND 55,241 038740 7/11/2022 0006558 TR CONSULTING SERVICES LLC 260-2000-420.22-02 25,185 038962 12/14/2022 0005619 LARIMER COUNTY ROAD & BRIDGE 260-2000-420.25-20 5,000 037433 1/1/2022 0005896 KIMLEY-HORN & ASSOCIATES INC 260-2000-420.35-51 CLEAVE 128,260 038671 5/26/2022 0001068 COULSON EXCAVATING 260-2000-420.35-51 OVRLAY 108,343 TOTAL STREET IMPROVEMENT FUND 266,788 038519 2/9/2022 0004661 INVISION GIS LLC 502-6301-540.22-24 2,808 038875 10/5/2022 0004661 INVISION GIS LLC 502-6301-540.22-24 2,031 038466 1/11/2022 0000608 PLATTE RIVER POWER AUTHORITY 502-6301-540.25-31 15,831 038467 1/11/2022 0000608 PLATTE RIVER POWER AUTHORITY 502-6301-540.25-31 46,298 038595 3/29/2022 0004374 BORDER STATES ELECTRIC 502-6301-540.25-32 40,200 038673 5/31/2022 0004374 BORDER STATES ELECTRIC 502-6301-540.25-32 16,290 038674 5/31/2022 0002879 STUART C IRBY CO 502-6301-540.25-32 16,080 038847 9/15/2022 0004374 BORDER STATES ELECTRIC 502-6301-540.25-32 1,116 038963 12/14/2022 0004374 BORDER STATES ELECTRIC 502-6301-540.26-06 4,392 038833 9/7/2022 0000143 HOTLINE ELECTRICAL SALES & SERVICE 502-6301-540.26-34 5,774 Page 226 PO #Date Vendor #Vendor Name ACCOUNT NUMBER PROJECT BALANCE ON PO TOWN OF ESTES PARK 2023 BUDGET SCHEDULE OF PURCHASE ORDERS TO BE ROLLED OVER ALL FUNDS BA# 2 - 2023 Budget Amendment - Rollovers 038455 1/11/2022 0004740 TYNDALE COMPANY INC 502-6301-540.27-01 2,504 038830 9/2/2022 0006590 TELECOM TECH SCHOOL LLC 502-6301-540.27-04 8,250 038875 10/5/2022 0004661 INVISION GIS LLC 502-6501-560.22-24 500 038854 9/21/2022 0005636 CROSSER, CHRISTY 502-6501-560.22-98 4,925 038875 10/5/2022 0004661 INVISION GIS LLC 502-6501-560.22-98 9,555 038855 9/21/2022 0006480 ELEVATION HOLIDAY LIGHTING LLC 502-6501-560.26-15 CHRDEC 39,114 038491 1/24/2022 0000608 PLATTE RIVER POWER AUTHORITY 502-6501-560.26-25 EERE - 038783 8/10/2022 0001412 CITY OF FORT COLLINS 502-6900-669.22-13 TBNBND 2,254 038521 2/9/2022 0006143 ESTRATEGY3 LLC 502-6900-669.22-98 TBNBND 1,866 038552 2/23/2022 0006202 SERENOVA LLC 502-6900-669.25-01 TBNBND 260 038450 1/7/2022 0005693 ESTES VALLEY NETWORKS INC 502-6900-669.28-30 TBNBND 3,097 038784 8/10/2022 0001412 CITY OF FORT COLLINS 502-6900-669.28-30 TBNBND 1,395 038650 5/25/2022 0000829 WESCO DISTRIBUTION INC 502-7001-580.33-35 TRANSF 83,142 038659 5/25/2022 0004374 BORDER STATES ELECTRIC 502-7001-580.33-35 TRANSF 393,054 038668 5/26/2022 0000828 WESTERN UNITED ELECTRIC SUPPLY 502-7001-580.33-35 TRANSF 921,208 038681 6/6/2022 0002879 STUART C IRBY CO 502-7001-580.33-35 TRANSF 398,010 038811 8/23/2022 0000867 SUNBELT SOLOMON SERVICES LLC 502-7001-580.33-35 TRANSF 24,400 038871 10/4/2022 0000828 WESTERN UNITED ELECTRIC SUPPLY 502-7001-580.33-35 TRANSF 76,209 NA 12/31/2022 NA RECLASSIFY TRANSFORMER PURCHASES TO INVENTORY 502-7001-580.33-35 TRANSF (1,896,023) 038555 2/23/2022 0000698 SAUBER MANUFACTURING CO.502-7001-580.33-98 933104 118,401 038927 11/17/2022 0006588 KEN GARFF FORD-GREELEY 502-7001-580.33-98 93319C 33,944 038682 6/6/2022 0006251 GE CONSTRUCTION INC 502-7001-580.35-57 LRBLDS 16,270 038530 2/10/2022 0000461 4 RIVERS EQUIPMENT LLC 502-7001-580.35-59 WOKEXT 23,180 038583 3/22/2022 0004661 INVISION GIS LLC 502-7001-580.35-59 WOKEXT 20,590 038602 4/6/2022 0002879 STUART C IRBY CO 502-7001-580.35-59 11,553 038602 4/6/2022 0002879 STUART C IRBY CO 502-7001-580.35-59 WOKEXT (11,553) Page 227 PO #Date Vendor #Vendor Name ACCOUNT NUMBER PROJECT BALANCE ON PO TOWN OF ESTES PARK 2023 BUDGET SCHEDULE OF PURCHASE ORDERS TO BE ROLLED OVER ALL FUNDS BA# 2 - 2023 Budget Amendment - Rollovers 037343 1/1/2022 0006193 NOKIA OF AMERICA CORP 502-7001-580.35-66 TBNBND 426,551 038276 1/1/2022 0000829 WESCO DISTRIBUTION INC 502-7001-580.35-66 TBNBND 1,623 038280 1/1/2022 0000347 GRAYBAR ELECTRIC COMPANY INC 502-7001-580.35-66 TBNBND 1,062 038501 1/28/2022 0005929 FULLSTACK 502-7001-580.35-66 TBNBND 5,415 038522 2/9/2022 0006312 SPLASH FIBER LLC 502-7001-580.35-66 TBNBND 259,789 038523 2/9/2022 0005814 BACKBONE FIBER SYSTEMS LLC 502-7001-580.35-66 TBNBND 40,705 038615 4/12/2022 0006251 GE CONSTRUCTION INC 502-7001-580.35-66 TBNBND 111,536 038620 4/14/2022 0006381 SWITCHBACK DRILLING LLC 502-7001-580.35-66 TBNBND 33,941 038647 5/4/2022 0005929 FULLSTACK 502-7001-580.35-66 SMTFBR 730 038663 5/20/2022 0000347 GRAYBAR ELECTRIC COMPANY INC 502-7001-580.35-66 TBNBND 5,443 038835 9/7/2022 0000347 GRAYBAR ELECTRIC COMPANY INC 502-7001-580.35-66 TBNBND 30,458 038875 10/5/2022 0004661 INVISION GIS LLC 502-7001-580.35-66 TBDOLA 3,718 038875 10/5/2022 0004661 INVISION GIS LLC 502-7001-580.35-66 TBNBND 3,824 038901 11/3/2022 0000347 GRAYBAR ELECTRIC COMPANY INC 502-7001-580.35-66 TBNBND 5,099 038956 12/8/2022 0000347 GRAYBAR ELECTRIC COMPANY INC 502-7001-580.35-66 TBNBND 6,070 038957 12/9/2022 0004374 BORDER STATES ELECTRIC 502-7001-580.35-66 TBNBND 6,024 038875 10/5/2022 0004661 INVISION GIS LLC 502-7001-580.37-01 GIS18 2,862 TOTAL POWER & COMMUNICATION FUND 1,381,775 038831 9/2/2022 0000214 CORNERSTONE CONCRETE, INC.503-6200-530.25-02 15,500 038624 4/20/2022 0004846 EAGLE MICROSYSTEMS 503-6200-530.26-40 20,697 038796 8/16/2022 0006546 RESPEC COMPANY LLC 503-6300-540.22-02 2,080 038875 10/5/2022 0004661 INVISION GIS LLC 503-6300-540.22-24 1,572 038954 12/6/2022 0000753 TIMBER LINE ELECTRIC & CONTROL 503-6300-540.26-46 6,610 038854 9/21/2022 0005636 CROSSER, CHRISTY 503-6500-560.22-98 3,000 Page 228 PO #Date Vendor #Vendor Name ACCOUNT NUMBER PROJECT BALANCE ON PO TOWN OF ESTES PARK 2023 BUDGET SCHEDULE OF PURCHASE ORDERS TO BE ROLLED OVER ALL FUNDS BA# 2 - 2023 Budget Amendment - Rollovers 038883 10/14/2022 0006110 INTERSTICE ARCHITECTURAL STUDIO LLC 503-6500-560.22-98 538 038829 9/1/2022 0004102 SUEZ WTS ANALYTICAL INSTRUMENTS INC 503-6500-560.25-01 5,689 037508 1/1/2022 0003601 HDR ENGINEERING SERVICES, INC.503-7000-580.32-22 GCDOVE 127,095 038788 8/11/2022 0006251 GE CONSTRUCTION INC 503-7000-580.33-34 WUSBOR 22,000 038821 8/29/2022 0000549 MSPS-MOUNTAIN STATES PIPE & SUPPLY 503-7000-580.33-34 WUSBOR 27,861 038925 11/17/2022 0000753 TIMBER LINE ELECTRIC & CONTROL 503-7000-580.33-36 EQUIP 5,670 038476 1/14/2022 0006515 ELE MECH INC 503-7000-580.33-98 WTRDIS 6,403 037295 1/1/2022 0005600 JVA INCORPORATED 503-7000-580.35-54 PMLOAN 506,593 038827 8/31/2022 0006100 AE2S NEXUS LLC 503-7000-580.35-62 WTRMPL 24,877 038918 11/16/2022 0006100 AE2S NEXUS LLC 503-7000-580.35-62 WTRMPL 11,547 038919 11/16/2022 0006100 AE2S NEXUS LLC 503-7000-580.35-62 WTRMPL 26,469 TOTAL WATER FUND 814,201 038416 1/1/2022 0006502 COLLAB ARCHITECTURE LLC 612-7000-610.32-22 ELTRCH 5,807 038969 12/16/2022 0006464 ROTARY LIFT 612-7000-610.32-22 FLSHOP 33,567 TOTAL FLEET MAINTENANCE FUND 39,374 038949 12/2/2022 0006503 SHI INTERNATIONAL CORP 625-2500-425.25-01 2,965 038985 12/30/2022 0000600 DELL MARKETING LP 625-2500-425.26-35 3,956 038959 12/13/2022 0005559 SANITY SOLUTIONS INC 625-2500-425.33-98 NETWRK 96,253 TOTAL INFORMATION TECHNOLOGY FUND 103,174 TOTAL PURCHASE ORDERS TO BE ROLLED OVER - ALL FUNDS 3,319,213 Page 229 Page 230