HomeMy WebLinkAboutPACKET Town Board 2024-03-12
Prepared 2024-03-01
*Revised 2024-03-12
The Mission of the Town of Estes Park is to provide highquality, reliable services
for the benefit of our citizens, guests, and employees, while being good stewards
of public resources and our natural setting.
BOARD OF TRUSTEES - TOWN OF ESTES PARK
Tuesday, March 12, 2024
7:00 p.m.
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ADVANCED PUBLIC COMMENT
By Public Comment Form: Members of the public may provide written public comment on a specific
agenda item by completing the 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.
PLEDGE OF ALLEGIANCE.
(Any person desiring to participate, please join the Board in the Pledge of Allegiance).
AGENDA APPROVAL.
PUBLIC COMMENT. (Please state your name and address).
TOWN BOARD COMMENTS / LIAISON REPORTS.
TOWN ADMINISTRATOR REPORT.
CONSENT AGENDA:
1. Bills - https://dms.estes.org/WebLink/Browse.aspx?id=253208.
2. Town Board Meeting and Town Board Study Session Minutes dated February 27,
2024.
3. Estes Park Board of Adjustment Minutes dated November 7, 2023 (acknowledgment
only).
4. Transportation Advisory Board Minutes dated January 17, 2024 (acknowledgment
only).
5. Resolution 16-24 Contract Extension with Colorado Barricade Company for 2024
*
Striping & Pavement Markings - $111,100 Budgeted.
6. Resolution 17-24 Establishing 2024 Seasonal Paid Parking and Parking Permit Fees
and Proposed Revisions to Policy 842 Î Parking Permits.
REPORTS AND DISCUSSION ITEMS: (Outside Entities).
1. BASE FUNDING/ANNUAL FUNDING REPORT FOR ESTES VALLEY WATERSHED
COALITION. Estes Valley Watershed Coalition Treasurer James.
2. ESTES PARK VOTER SERVICE AND POLLING CENTER (VSPC) HOURS OF
OPERATION. Larimer County Clerk and Recorder Harris.
To provide information regarding the decision to reduce the number of hours of the
VSPC during the General Election and answer any questions they may have.
ACTION ITEMS:
1. RESOLUTION 18-24 URGING THE LARIMER COUNTY CLERK AND RECORDER
TO RESTORE HOURS OF OPERATION FOR THE ESTES PARK VOTER SERVICE
AND POLLING CENTER. Town Attorney Kramer.
2. 6E FUNDING EXPENDITURE TO THE 2024 CHILDCARE WORKFORCE SUBSIDY.
Manager Bangs.
Consider funding for the Annual Childcare Workforce Subsidy.
3. RESOLUTION 19-24 GRANT AGREEMENT WITH LARIMER COUNTY TO RECEIVE
ARPA FUNDS FOR THE FISH HATCHERY WORKFORCE HOUSING PROJECT.
Manager Bangs.
To consider the grant agreement for the American Rescue Plan Collaborative Projects
Sub Award of $2,000,000.
4. ORDINANCE 04-24 DENOUNCING RESTRICTIVE COVENANTS BASED ON RACE
OR RELIGION. Town Attorney Kramer.
Ordinance to declare covenants based on race or religion to be repugnant and to
provide a method for property owners to repudiate them.
5. RESOLUTION 20-24 SUPPORTING BALLOT ISSUE 1A. Town Administrator
Machalek.
6. FINAL 2023 STRATEGIC PLAN PROGRESS REPORT AND AMENDED 2024
STRATEGIC PLAN. Town Administrator Machalek.
Board review of the final 2023 Strategic Plan Progress Report and consideration of an
amended 2024 Strategic Plan which incorporates 2023 Strategic Plan Objectives not
completed in 2023.
REPORTS AND DISCUSSION ITEMS:
1. WORKFORCE HOUSING RENTAL ASSISTANCE PROGRAM. Manager Bangs and
Estes Park Housing Authority Manager Mabry.
Review the proposed Workforce Housing Rental Assistance Program presented by the
Estes Park Housing Authority.
ADJOURN.
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
Town of Estes Park, Larimer County, Colorado, February 27, 2024
Minutes of a Regular meeting of the Board of Trustees of the Town of Estes
Park, Larimer County, Colorado. Meeting held in the Town Hallin said Town
th
of Estes Park on the 27day ofFebruary, 2024.
Present:Wendy Koenig, Mayor
Marie Cenac, Mayor Pro Tem
TrusteesKirby Hazelton
Frank Lancaster
Barbara MacAlpine
Patrick Martchink
Cindy Younglund
Also Present:Travis Machalek, Town Administrator
Jason Damweber, DeputyTown AdministratorTown AdministratorTown Administrator
Dan Kramer, Town Attorney
Jackie Williamson, Town Clerk
Absent:None
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MayorKoenigcalled the meetingto order at to order at 7:007:00p.mp.mp.m. . . and all desiring to do so, recited and all desiring to do so, recited and all desiring to do so, recited
the Pledge of Allegiance.
AGENDA APPROVAL.
It was moved and seconded ( (Hazelton/YounglundHazelton/YounglundHazelton/Younglund) ) ) to approve the Agendato approve the Agendato approve the Agenda, and it
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passed unanimously.
PUBLIC COMMENTS.
DanScace/Town citizen stated support for the citizen initiatedScace/Town citizen stated support for the citizen initiatedScace/Town citizen stated support for the citizen initiatedordinance
question on the
April 2, 2024 ballot, and stated a “yes” vote would swing the power related to land use April 2, 2024 ballot, and stated a “yes” vote would swing the power related to land use April
2, 2024 ballot, and stated a “yes” vote would swing the power related to land use
toward the citizens.toward the citizens.toward the citizens.
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Vicky Henryicky Henryicky Henry/Town citizen spoke to the significant decrease in the Larimer County voter /Town citizen spoke to the significant decrease in the Larimer County voter
/Town citizen spoke to the significant decrease in the Larimer County voter
service center hours from the statutorily required 120 hours to 34 hours during the service center hours from the statutorily required 120 hours to 34 hours during the service center
hours from the statutorily required 120 hours to 34 hours during the
upcoming general election in November. Aupcoming general election in November. Aupcoming general election in November. Agroup of voter are appealing the County Clerk
and Recorder to restore the center hours, and requested the Board to do the same.and Recorder to restore the center hours, and requested the Board to do the same.and Recorder to restore
the center hours, and requested the Board to do the same.
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TRUSTEE COMMENTS.RUSTEE COMMENTS.RUSTEE COMMENTS.
Trustee comments were heard and summarized:Trustee comments were heard and summarized:Trustee comments were heard and summarized:the recent CAST meeting discussions
included the move to included the move to included the move to electrification and phaselectrification and phaselectrification and phase out of natural gas, heat pumps used innew
construction, reviewed construction, reviewed construction, reviewed workforce housing report, Snowmass Village’s strategic plan to
move towardssmaller local eventssmaller local eventssmaller local events; VEP board meeting discussed earth week events to
be held in April, the results of the the results of the 2023 Interceptwith 45% of visitors visitingEstes Park
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as their primary destination, 12% for RMNP, and 30% stated bothwere important in their
decision, 93% stated the visitor experience wasofhigh quality, Senate Bill 24-33
proposescommercialproperty taxratesfor short term rentals/vacation homesrented for
90 plus days a year and has been removed from the state legislative agenda to discuss
amendments as communities in Colorado are split on the bill; Sister Cities meeting
discussed a student exchange would not occur in 2024 due to time constraints, a July
visit to Monteverde, Costa Rica continues to be discussed; theLegion of Women Voters
received the RMNP annual report; members of the Board attended the ribbon cutting for
the rebranding of the Estes Nonprofit Network; announced this year’s Rooftop Rodeo
would be held July 5-10 with a parade downtown; the Opioid Abatement meeting
discussed funding additional services for housing, received a presentation on fentanyl
and its impacts to the community and first responders from the Colorado Drug Taskforce;
interviews for the open seat on the Estes Park Housing Authority would be held;
continuing to collect feedback from the Transportation Advisory Board on transitioning to
an ad-hoc committee due to a lack of agenda items and to provided additional flexibility
in meeting times and attendance; and the Board consensus was to consider a resolution
Board of Trustees – February 27, 2024 – Page 2
ofsupport to restore the voter service center hours of operationduring the upcoming
election in November.
TOWN ADMINISTRATOR REPORT.
Town Administrator Machalek stated he had no additional items to report.
1.CONSENT AGENDA:
1.Bills.
2.Town Board and Study Session Minutes dated February 13, 2024.
3.Resolution 09-24 Contract with Kimley-Horn for Transportation Engineering and
Design Services for the Visitor Services Parking Lot - $250,174 Budgeted$250,174 Budgeted$250,174 Budgeted.
4.Resolution 10-24 First Amendment of the Employment Agreement with Dan 24 First Amendment of the Employment Agreement with Dan 24 First Amendment of the Employment Agreement with Dan
Kramer for Town Attorney.
It was moved and seconded (Cenac/Younglund) to approve the Consent Agenda, to approve the Consent Agenda, to approve the Consent Agenda,
and it passed unanimously.
REPORTS AND DISCUSSION ITEMS:(Outside Entities).Outside Entities).Outside Entities).
1.REQUEST TO DELAY POSTING OF CHIEF OF POLICE POSITION.EQUEST TO DELAY POSTING OF CHIEF OF POLICE POSITION.EQUEST TO DELAY POSTING OF CHIEF OF POLICE POSITION.Larimer County Larimer
County
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Sheriff John Feyenprovided a presentation requesting the Town Board pause the provided a presentation requesting the Town Board pause the provided a presentation requesting the Town
Board pause the
current Police Chief recruitment to allow him time to review opportunities, to engage to allow him time to review opportunities, to engage to allow him time to review opportunities,
to engage
Town leadership and staff, and to engage the current police personnel to openTown leadership and staff, and to engage the current police personnel to openTown leadership and staff, and
to engage the current police personnel to openlyseek
information on how the Sheriff’s he Sheriff’s Office may be ableOffice may be ableOffice may be ableto assist Estes Park. He stated to assist Estes Park. He stated to assist Estes
Park. He stated
the request was not a plan to take the request was not a plan to take over over over the Estes Park Police Department (EPPD)the Estes Park Police Department (EPPD)the Estes Park Police
Department (EPPD), a
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pre-planned process with the offering of Larimer County Sheriff’s Officeplanned process with the offering of Larimer County Sheriff’s Officeplanned process with the offering of Larimer
County Sheriff’s Office(LSCO)
Captain Stewart as the Interim EPPD Police Chief, or a plan to exert the County’s will Captain Stewart as the Interim EPPD Police Chief, or a plan to exert the County’s will Captain
Stewart as the Interim EPPD Police Chief, or a plan to exert the County’s will
over Estes Park. He offered Captain Stewart because he can lead an agency, he over Estes Park. He offered Captain Stewart because he can lead an agency, he over Estes Park. He offered
Captain Stewart because he can lead an agency, he
knows the area, and he could address issues that have arisen within the department. knows the area, and he could address issues that have arisen within the department. knows the area,
and he could address issues that have arisen within the department.
The County has The County has The County has also also also derived derived derived a a a benefit benefit benefit in in elevating a Lieutenant to an Interim Captain elevating a Lieutenant
to an Interim Captain elevating a Lieutenant to an Interim Captain
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to develop staff for to develop staff for to develop staff for the future.the future.the future.He discussed the opportunity to partner with the EPPD He discussed the opportunity to
partner with the EPPD He discussed the opportunity to partner with the EPPD
to increase communityto increase communityto increase communitysafety through training, repetition of eventsafety through training, repetition of eventsafety through training, repetition
of events, consistent
response expectations and seasonal staffing. There could be an increase in employee response expectations and seasonal staffing. There could be an increase in employee response expectations
and seasonal staffing. There could be an increase in employee
opportunities and satisfaction, collateral duties (canine officer, bomb tech, drug opportunities and satisfaction, collateral duties (canine officer, bomb tech, drug opportunities and
satisfaction, collateral duties (canine officer, bomb tech, drug
taskforce, drone pilot, etc.), promotions and leadershiptaskforce, drone pilot, etc.), promotions and leadershiptaskforce, drone pilot, etc.), promotions and leadership, and training.
He stated the
review could identify review could identify review could identify savings, efficiencies, and best practices savings, efficiencies, and best practices savings, efficiencies, and best
practices that could be realized
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through IA investigations, evidence procedures, professional staffthrough IA investigations, evidence procedures, professional staffthrough IA investigations, evidence procedures, professional
staff, and budget. He
stated he understood the concerns stated he understood the concerns stated he understood the concerns withthe local identity and local control. He
requestedequestedequesteda motiona motiona motionfrom the Boardfrom the Boardfrom the Boardto direct the Town Administrator to pause the
search for a new chief until the search for a new chief until the search for a new chief until the Board meeting on April 23 or May 28 where options
ranging from do nothing to a full collaboration with LSCO.ranging from do nothing to a full collaboration with LSCO.ranging from do nothing to a full collaboration with LSCO.
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Those speaking in opposition to the delay included Rick Life/EPPD Captain, Ryan
Baranyos/EPPD Captain, Skylar Watson/EPPD Sergeant, Megan Hodde/EPPD
Communication Center Manager, Dennis Hoshiko/EPPD Chaplin and Auxiliary
member, Kelly George/County citizen, John Guffey/Town citizen, Mike
Kennedy/County citizen, and Jason Van Tatenhove/Town citizen. Comments
included the need to consider who comes after Sheriff Feyen and how they may want
to operate the Sheriff’s Office; the growing community needs a Police Department that
provides a personal touch through community policing, a School Resource Officer,
records, and dispatch services that know the Estes Valley; concern with the cost of
reversing the decision of turning over the agency or services to another agency;
discussion in the past revolved around creating a regional agency in which the EPPD
covered District 6 for the LSCO from Pinewood Springs to Drake with funding from the
County; the new Police Chief could work withthe Sheriff to discuss options; concerned
response times would increase with the County Sheriff taking over the local response;
the current department has a wide range of experiences from across the country; the
current staff have chosen Estes Park as a place to work and live; there would be a
Board of Trustees – February 27, 2024 – Page 3
loss of local control; delaying the hiring process for the next Police Chief may lead
personnel to seek other employment options and could create issues with recruitment
and retention; and the local department provides the citizens with a sense of safety.
Town Board comments were heard and have been summarized: The Board thanked
Sheriff Feyen and acknowledged he only has the best interest for the communityin
his request; the best interest for the Town and the Police Department would be to
move forward with the hiring process for the Police Chief; concern the next elected
Sheriff may not want to provide service to the Town; during an emergency or natural
disaster it becomes essential to have a local Communication Center and staff; concern
was expressed on the financial barrier for re-entry; there are a number of opportunities
to collaborate and build on our partnerships; the citizens are supportive of the
department; local control remains important;andencourage Sheriff Feyen to continue encourage Sheriff Feyen to continue encourage Sheriff Feyen to continue
developing a relationship with the local citizens. The Board consensus was to direct relationship with the local citizens. The Board consensus was to direct relationship with the local
citizens. The Board consensus was to direct
Town Administrator Machalek to move forward with the Police Chief hiring process. Town Administrator Machalek to move forward with the Police Chief hiring process. Town Administrator
Machalek to move forward with the Police Chief hiring process.
Town Administrator Machalek stated the best structure for the Town would be an Town Administrator Machalek stated the best structure for the Town would be an Town Administrator Machalek
stated the best structure for the Town would be an
independent police department. He thanked Sheriff Feyen and expressed gratitude independent police department. He thanked Sheriff Feyen and expressed gratitude independent police department.
He thanked Sheriff Feyen and expressed gratitude
for his leadership and support during the transition and for offering the services of for his leadership and support during the transition and for offering the services of for his leadership
and support during the transition and for offering the services of
LSCO Captain Stewart as Interim Police Chief.
Mayor Koenig called a break at 8:57pmand continued the meeting atcontinued the meeting atcontinued the meeting at9:059:059:05pmpmpm.
ACTION ITEMS:
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1.RESOLUTION 11-24 CONTRACT WITH MOUNTAIN CONSTRUCTORS, INC. FOR 24 CONTRACT WITH MOUNTAIN CONSTRUCTORS, INC. FOR 24 CONTRACT WITH MOUNTAIN CONSTRUCTORS, INC. FOR
CONSTRUCTION SERVICES FOR THE CLEAVE STREET IMPROVEMENTS CONSTRUCTION SERVICES FOR THE CLEAVE STREET IMPROVEMENTS CONSTRUCTION SERVICES FOR THE CLEAVE STREET IMPROVEMENTS
PROJECT.Staff requested the item be removed from the agendaStaff requested the item be removed from the agendaStaff requested the item be removed from the agenda. No action was
taken by the Town Board.
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2.RESOLUTION 12-24TO SUPPORT CO HOUSE BILL 24TO SUPPORT CO HOUSE BILL 24TO SUPPORT CO HOUSE BILL 24-1237 PROGRAMS FOR
THE DEVELOPMENT OF CHILDCARE FACILITIES.THE DEVELOPMENT OF CHILDCARE FACILITIES.THE DEVELOPMENT OF CHILDCARE FACILITIES.Manager Bangspresented a
resolution of support resolution of support resolution of support forforforHouse Bill 24House Bill 24House Bill 24--1237 to create a favorable environment for 1237 to create a favorable
environment for 1237 to create a favorable environment for
development, creative reuse, and integration of facilities for childcare. The legislation development, creative reuse, and integration of facilities for childcare. The legislation development,
creative reuse, and integration of facilities for childcare. The legislation
would assist to reduce the costs and burden of childcare by providing technical would assist to reduce the costs and burden of childcare by providing technical would assist to reduce
the costs and burden of childcare by providing technical
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planning, building, construction, and development support needed to increase planning, building, construction, and development support needed to increase planning, building, construction,
and development support needed to increase
childcare capacity in Colorado communities. Passagechildcare capacity in Colorado communities. Passagechildcare capacity in Colorado communities. Passageof the bill would create
incentives and support for local governments through the development of three incentives and support for local governments through the development of three incentives and support for
local governments through the development of three
programs: Child Care Development Technical Assistance, Childprograms: Child Care Development Technical Assistance, Childprograms: Child Care Development Technical Assistance, Child-Friendly
Communities Planning Grant, and Child Care Development Capital Fund with Communities Planning Grant, and Child Care Development Capital Fund with Communities Planning Grant, and Child
Care Development Capital Fund with
implementimplementimplementation through the Department of Local Affairs Division of Housing.ation through the Department of Local Affairs Division of Housing.ation through the Department
of Local Affairs Division of Housing. The bill
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would support the Town’s strategic goals to provide child care in the Estes Park area.would support the Town’s strategic goals to provide child care in the Estes Park area.would support
the Town’s strategic goals to provide child care in the Estes Park area.
Kent Smith/Town citizenKent Smith/Town citizenKent Smith/Town citizenstated full support of the bill. It was moved and seconded
(Younglund/CenacYounglund/CenacYounglund/Cenac) ) ) to to to approve Resolution 12-24, and it passed unanimously.
3.RESOLUTION RESOLUTION RESOLUTION 131313-24 SUPPLEMENTAL BUDGET APPROPRIATIONS #1 TO THE
2024 BUDGET.2024 BUDGET.2024 BUDGET.Director Creameanprovided an overview of the first amendment to
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the 2024 budget including an increase in General Fund expense to appropriate funds
from the Friends of the Museumfor limited term museum staffing, Community
Reinvestment Fund to fund an additional museum project funded by the Friends of the
Museum, and Power and Communication Fund increaseinexpendituresto beoffset
by revenues due to purchase power costs. After further discussion, it was moved
and seconded (Hazelton/Cenac) to approve Resolution 13-24, and it passed
unanimously
4.RESOLUTION 14-24 TOSUPPORT STATE LEGISLATION TO REPEAL STATE
PREEMPTION OF LOCAL ANTI-IDLING REGULATIONS.Town Attorney Kramer
presented a resolution to support the Regional Air Quality Council to repeal section
42-14-103 of the Colorado State Statutes to allow local communities to enact local
anti-idling regulationsthat are stricter than the statute. Repealing the section would
provide more local control to address issues related to ozone concerns across the
Front Range. Mayor Pro Tem Cenac stated the repeal would not require the Town to
pass stricter regulation, only allow the opportunity for consideration. It was moved
Board of Trustees – February 27, 2024 – Page 4
and seconded (Martchink/Younglund) to approve Resolution 14-24, and it passed
unanimously
5.RESOLUTION 15-24 RATIFYING THE 2021 INTERNATIONAL FIRE CODE AS
AMENDED AND ADOPTED BY THE ESTES VALLEY FIRE PROTECTION
DISTRICT.Deputy Town Administrator Damweberand Division Chief for Support
Services Landkamerstated the intergovernmental agreement between the Town and
the Fire District requires the Town to ratify the International Fire Code adopted by the
District. At the District’s January 10, 2024 meeting, the Board adopted the 2021
International Fire Code with certain appendices and modifications. It was moved and
seconded (Martchink/Hazelton) to approve Resolution 15-24, and it passed
unanimously
6.INTERVIEW COMMITTEE FOR THE TRANSPORTATION ADVISORY BOARD.INTERVIEW COMMITTEE FOR THE TRANSPORTATION ADVISORY BOARD.INTERVIEW COMMITTEE FOR THE TRANSPORTATION ADVISORY BOARD.
It was moved and seconded (Martchink/Hazelton) to appoint Trustee Martchink appoint Trustee Martchink appoint Trustee Martchink
and Trustee Hazeltonto the Transportation Advisory Board interview to the Transportation Advisory Board interview to the Transportation Advisory Board interview
committee, and it passed unanimously.
REPORTS AND DISCUSSION ITEMS:
1.FUTURE USE OF TOWN-OWNED PROPERTY AT ELM ROAD AND MORAINE OWNED PROPERTY AT ELM ROAD AND MORAINE OWNED PROPERTY AT ELM ROAD AND MORAINE
AVENUE.Deputy Town Administrator DamweberDeputy Town Administrator DamweberDeputy Town Administrator Damweberprovided an overview of the provided an overview of the provided an overview
of the
property stating the approximately 2 acre parcel is a portion of a larger lot deedproperty stating the approximately 2 acre parcel is a portion of a larger lot deedproperty stating the
approximately 2 acre parcel is a portion of a larger lot deededto
the Town by F.O. Stanley in 1936, zoned the Town by F.O. Stanley in 1936, zoned CO (Commercial Outlying)CO (Commercial Outlying)CO (Commercial Outlying), contains
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overhead powerlines, would require a drainage easement and curb and gutter, and overhead powerlines, would require a drainage easement and curb and gutter, and overhead powerlines, would
require a drainage easement and curb and gutter, and
may require a vote to sell the property. Over the yearsmay require a vote to sell the property. Over the yearsmay require a vote to sell the property. Over the years, , , the Town has
been approached the Town has been approached the Town has been approached
by private parties interested in purchasing or leasing the property. Currently a by private parties interested in purchasing or leasing the property. Currently a by private parties
interested in purchasing or leasing the property. Currently a
neighboring business has expressed interest in purchasing 4,000 sq. ft. to increase neighboring business has expressed interest in purchasing 4,000 sq. ft. to increase neighboring business
has expressed interest in purchasing 4,000 sq. ft. to increase
their parking. A lease of the land may be an option and would not require a vote. Staff their parking. A lease of the land may be an option and would not require a vote. Staff their
parking. A lease of the land may be an option and would not require a vote. Staff
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proposed potential uses of the property: do nothing now and identify a future public proposed potential uses of the property: do nothing now and identify a future public proposed potential
uses of the property: do nothing now and identify a future public
use; sell the property and use the proceeds to advance a strategic goal; lease all or a use; sell the property and use the proceeds to advance a strategic goal; lease all or a use; sell
the property and use the proceeds to advance a strategic goal; lease all or a
portion of the property; or issue a request for propoportion of the property; or issue a request for propoportion of the property; or issue a request for proposals/interest(RFP)to determine
what interest may exist.what interest may exist.what interest may exist. Board discussion was heard and has been summarized: Board discussion was heard and has been summarized: Board
discussion was heard and has been summarized:
interest in both leasing and an RFP; the property would not be suitable for a public interest in both leasing and an RFP; the property would not be suitable for a public interest in
both leasing and an RFP; the property would not be suitable for a public
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facility; concern the Town maintains control on the development of the property facility; concern the Town maintains control on the development of the property facility; concern the
Town maintains control on the development of the property
through a development agreement; discussion on the need for sidewalk along Moraine through a development agreement; discussion on the need for sidewalk along Moraine through a development
agreement; discussion on the need for sidewalk along Moraine
Avenue; discussion on the potential road improvements and impact to the property; Avenue; discussion on the potential road improvements and impact to the property; Avenue; discussion
on the potential road improvements and impact to the property;
and concern with ensuring the Town has a clear purpose for the proceedsand concern with ensuring the Town has a clear purpose for the proceedsand concern with ensuring the Town has a
clear purpose for the proceedsfrom the
sale of the property. Board consensus was to develop an RFP that allows maximum sale of the property. Board consensus was to develop an RFP that allows maximum sale of the property.
Board consensus was to develop an RFP that allows maximum
flexibility by the proposed developer.flexibility by the proposed developer.flexibility by the proposed developer.
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Whereupon Mayor hereupon Mayor hereupon Mayor KoenigKoenigKoenigadjourned the meeting at 9:52p.m.
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Wendy Koenig, Mayor
Jackie Williamson, Town Clerk
Town of Estes Park, Larimer County, ColoradoFebruary 27, 2024
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
th
Board Roomin said Town of Estes Park on the 27 day of February, 2024.
Board: Mayor Koenig, Mayor Pro Tem Cenac, TrusteesHazelton,
Lancaster, MacAlpine, Martchink, and Younglund
Attending:Mayor Koenig, Mayor Pro Tem Cenac, TrusteesHazelton,
Lancaster, MacAlpine, andYounglund
Also Attending: Town AdministratorMachalek, DeputyTown AdministratorTown AdministratorTown Administrator
Damweber, Town AttorneyKramerKramerKramer, , , and and Recording
Secretary Disney
Absent:Trustee Martchink
Mayor Koenigcalled the meeting to order at5:25 p25 p25 p.m.m.m. . .
DRAFT ARTS MASTER PLAN.
Estes Arts District President Akin and Executive Director Miles presented the strict President Akin and Executive Director Miles presented the strict President Akin and Executive Director
Miles presented the draft Arts
Master Plan and highlighted collaborationcollaborationcollaborationwith with with local entitieslocal entitieslocal entities, community outreach, , community outreach, , community outreach,
goals
for the district, goals which would requirewould requirewould requireTownTownTowninvolvementinvolvementinvolvement, , , and and and becoming a Certified
Colorado Creative District. The Board discussedThe Board discussedThe Board discussedthe the the options for funding and grants options for funding and grants options for funding and
grants
through the Colorado Creative Industre Industre Industries ies ies programprogramprogram, , , requirements,requirements,requirements,and the application
processto become aCertified ColoCertified Colorado Crearado Crearado Creative Districttive Districttive District, areas to be included in the
district,funding, grant research and research and research and writing writing writing support, support, support, collcollaboration, engagement, and
resourceoptions within the communitywithin the communitywithin the community. The B. The B. The Board also oard also determined this presentation
would serve as the would serve as the would serve as the 2023 2023 2023 community funding rcommunity funding rcommunity funding report eport required of all Base Funding
Entities.
2024 STREET IMPROVEMENT PROGRAM OVERVIEW.024 STREET IMPROVEMENT PROGRAM OVERVIEW.024 STREET IMPROVEMENT PROGRAM OVERVIEW.
Engineer WittwerEngineer WittwerEngineer Wittwerpresented presented presented an an an overview of the 2024 Street Improvementoverview of the 2024 Street Improvementand Trail
ExpansionExpansionExpansionProgrProgrProgram. He provided background of the program and 2023 improvementsam. He provided background of the program and 2023 improvementsam. He provided
background of the program and 2023 improvements.
2024 Street improveStreet improveStreet improvementsmentsmentswould consist of overlaying 1.4 centerline miwould consist of overlaying 1.4 centerline miwould consist of overlaying 1.4
centerline miles and asphalt
patching at 13 roadway locations. patching at 13 roadway locations. patching at 13 roadway locations. Chip and Crack Seal would not occur in 2024 due to
the anticipated expirationthe anticipated expirationthe anticipated expirationof the 1A of the 1A of the 1A Sales Tax. Design projects would include the Visitor
Center Parking Lot reconCenter Parking Lot reconCenter Parking Lot reconfigufigufigurationandMatthew Circle. 2024 Trail expansions would
include the additionadditionadditionof of of 0.8 miles of trail through the 0.8 miles of trail through the 0.8 miles of trail through the construction of the Fall River Trail
final segment, Graves Avenue gment, Graves Avenue gment, Graves Avenue improvements, and an extension of the trail along West
Wonderview Avenueonderview Avenueonderview Avenue. The Board discussed the plan for Matthew Circlemaintenance,
funding for the Visitor Center Parking Lot reconfiguration, and theTown’s placementon
the Colorado Asphalt Pavement Association Local Agency Listing.
VEHICLE BASED ACCOMMODATIONS FOR SEASONAL EMPLOYEES PILOT
PROGRAM.Planner Hornbeck presented the one-year pilot program for vehicle based
accommodations for seasonal employees. He provided background ofthe 2023
Housing Needs Assessment, similar programs inother mountaincommunities, outreach
to Townstaff and outsideentities, and previous Study Session discussions. The
components of the program would include: a monthlypermitduring a seasonal period;
eligible vehicletypes; employment requirements; zoning, setback, and site limitations;
and access to restrooms, electricity, and water. The Board discussedproperty
insurance requirements, allowing for properties which use well water, enforceability
issues, community entity and employer interest in the program, clarifications on the
allowed vehicle typesand land owner requirements, inspection requirements, complaint
procedures, and qualified occupant requirements. The Board directed staff to bring
forwardanordinance for a future a Town Board meeting
Town Board Study Session – February27, 2024 – Page 2
SEMI-ANNUAL COMPLIANCE REVIEW WITH BOARD GOVERNING POLICIES –
POLICY 1.10 SELF-MONITORING OF THE BOARD.Mayor Koenig requested
comments from the Board and hearing none, closed the discussion.
TRUSTEE & ADMINISTRATORCOMMENTS & QUESTIONS.
None.
FUTURE STUDY SESSION AGENDAITEMS.
None.
Therebeing no further business, Mayor Koenigadjourned the meeting ating ating at 6:41 p.m.
Kimberly Disney, ReReRecorcorcordididinnng Seg Seg Secrcretetaryary
Town of Estes Park, Larimer County, Colorado, November 7, 2023
Minutes of a Regular meeting of the ESTES PARK BOARD OF ADJUSTMENT of the
Town of Estes Park, Larimer County, Colorado. The meeting was held in the Town of
Estes Park on November 7, 2023.
Board: Chair Jeff Moreau, Vice-Chair Wayne Newsom, Board Member Joe Holtzman
Attending: Chair Moreau, Vice Chair Newsom, Member Holtzman, Planner I Kara
Washam, Senior Planner Hornbeck, Interim Director Jason Damweber, Town Board
Liaison Barbara MacAlpine, Recording Secretary Karin Swanlund
Absent: None
Chair Moreau called the meeting to order at 9:00 a.m.
APPROVAL OF AGENDA
It was moved and seconded (Newsom/Holtzman) to approve the agenda. The motion
passed 3-0.
APPROVAL OF CONSENT AGENDA
It was moved and seconded (Newsom/Holtzman) to approve the Consent Agenda. The
motion passed 3-0.
PUBLIC COMMENT: none
VARIANCE REQUEST 1360 B Brook Drive Planner Washam
The Water Division seeks to remodel the interior of the scale house as a dwelling for
temporary use by on-call duty staff, particularly during emergencies and inclement
weather. The on-call period of one (1) week will result in intermittent use of less than
thirty (30) days. The scale house will be solely used as on-call employee housing when
needed and will not be for lease or rent. The Applicant requests a variance to waive the
occupancy term requirement for employee housing in the I-1 (Restricted Industrial)
Zoning District under §5.2.C.2.a.(1)(c) of the Estes Park Development Code (EPDC).
Discussion:
Member Hotzman had questions for the Applicant. Jacqui Wesley, Project Manager
for the Water Division, answered that the work has not been done yet and will cost
$70,000. The privacy fence is scheduled for Phase II. Holtzman commented that the
property is dirty and disorganized and would like the Water Department to take more
responsibility for keeping the property from being an eyesore. Wesley noted that the
Prospect Mountain Water Contractor is using the site for storage and staging, and
she would request they clean up the area.
It was moved and seconded (Newsom/Moreau) to approve the variance request to
waive the occupancy term requirement for employee housing in the I-1 (Industrial)
Zoning District for the subject property addressed as 1360 B Brook Drive in the Town of
Estes Park, with findings as outlined in the staff report.
The motion passed 2-1, with Holzman voting against.
VARIANCE REQUEST 562 Driftwood Avenue Planner Washam
The Applicant requests approval of a variance to reduce the front setback along the
south property line to eight feet (8') in lieu of the fifteen feet (15') front setback
required in the R (Residential) Zone District under Section 4.3.C.4. (Table 4-2) of the
Estes Park Development Code (EPDC). The Applicant proposes constructing a 12' x
16' addition on the east side of the existing residence with a carport under the
addition.
Discussion:
Chair Moreau questioned why the variance is for 8.1 feet when one of the structure's
corners is 7.6 feet from the property line. Designer Paul Brown stated that the
building is not parallel to the property line, and the existing distance from the corner
of the house to the property line is 7.6 feet.
Board of Adjustment, November 7, 2023 – Page 2
It was moved and seconded (Moreau/Holtzman) to approve the variance request for
a 7.5-foot front setback in lieu of the 8.1 feet along the south property line for the subject
property addressed as 562 Driftwood Avenue in the Town of Estes Park, with findings
as outlined in the staff report. The motion passed 3-0.
REPORTS:
There are no projects in the foreseeable future; therefore, there will not be a meeting
in December.
There being no further business, Chair Moreau adjourned the meeting at 9:30 a.m.
Jeff Moreau, Chair
Karin Swanlund, Recording Secretary
Town of Estes Park, Larimer County, Colorado, January 17, 2024
Minutes of a Regular meeting of the TRANSPORTATION ADVISORY
BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held
in the Municipal Building in said Town of Estes Park on the 17th day of
January, 2024.
Board: Chair Belle Morris; Vice-Chair Kristen Ekeren; Members Javier Bernal,
Jessica Ferko, Ann Finley, Larry Gamble, Linda Hanick, Mark Igel, and
Gordon Slack; Trustee Patrick Martchink; Staff Liaison Greg Muhonen
Attending: Chair Morris; Vice-Chair Ekeren; Members Bernal, Ferko, Finley, Gamble,
Hanick, Igel, and Slack; Director Muhonen; Manager Solesbee; Supervisor
Klein; Engineer Wittwer; Recording Secretary McDonald; Public Attendee
Joan Hooper
Absent:
Chair Morris called the meeting to order at 12:05 p.m.
PUBLIC COMMENT
No comment forms were formally submitted. However, Vice-Chair Ekeren reported that
she had fielded a verbal comment regarding crosswalk needs at Colorado Highway 7 (CO
7) and Lexington Lane; it was determined that the same resident had emailed Chair Morris
in October 2023 with this concern, after which Chair Morris had followed up with the
Colorado Department of Transportation (CDOT). Vice-Chair Ekeren had directed the
resident to the 2045 Transportation Plan (TP) Mapping Survey tool to report her areas of
concern. This topic continues in the next agenda item.
UPDATE ON PAST PUBLIC COMMENT
Discussion points about this current and past public comment included the ongoing safety
problem for pedestrians, particularly school children, needing to cross CO 7; how this
issue is addressed in existing traffic studies; equipment and other options for safe
crosswalk operations; how the TAB can build urgency around this issue through
community engagement and quantifiable data, especially since the current housing
developments will further increase pedestrian activityon CO 7; and the protocol and
financial resources necessary for actualizing any new improvement projects to be
undertaken by CDOT and/or the Town. Member Gamble will contact the Estes Park
School District (EPSD) to coordinate parent feedback on the topic. Engineer Wittwer will
research survey data from the Graves Avenue – Safe Routes to School (SRTS) project
and other relevant pedestrian needs assessments.
TRUSTEE LIAISON UPDATE
Trustee Martchinkadvised that he will contact TAB members with a survey exploring the
possibility of converting the TAB from an advisory board that meets regularly into an ad
hoc committee that meets as needed to address timely issues. The purpose is to ensure
the best use of staff time and resources.
Transportation Advisory Board–January 17, 2024–Page 2
APPROVAL OF MINUTES DATED DECEMBER 20, 2023
It was moved and seconded (Slack/Hanick) to approve the December 20, 2023,
minutes, and it passedunanimously.
MOBILITY SERVICES UPATE
Supervisor Klein is reviewing The Car Park’s 2023 occupancy reports, which will soon be
published on the website. The “Peep” enforcement vehicle no longer uses blinking lights.
The parking permit program is being refined to purge duplicate Local Permit accounts
and improve the overall permit registration process. The Mistall web-based platform will
replace the ParkMobile app to provide real-time parking lot availability; prior to the paid
parking season, Davis will serve as the Mistall demo lot.
Transit data for 2023 will be reported in February. Despite a comprehensive transit plan
for the January 13-14 First Peoples Festival, the extreme winter weather resulted in zero
transit riders. The Peak will collaborate with the Estes Valley Library on February 10 to
offer a Daniel Tiger Day trolley ride. Planning is underway for the 2024 transit sponsorship
program.
TRANSPORTATION PLAN UPDATE
Supervisor Klein advised that Engineer Bailey will be the regular presenter of the 2045
Transportation Plan (TP) and 2030 Transit Development Plan (TDP) updates beginning
in February. Meanwhile, the online Mapping Survey is garnering excellent feedback and
remains open through January 31; staff continue to review the consultant’s existing
conditions report; and a March open house is being planned to present survey results.
ENGINEERINGUPDATE
Engineer Wittwer advised that the 2023 Complete Streets Policy Annual Report was
missing the final checklist for the Cleave Street Improvements (CSI) project; Recording
Secretary McDonald will email this checklist to the TAB following today’s meeting.
The CSI bid was released January 4 for a January 25 bid opening.
The Graves Avenue – Safe Routes to School (SRTS) bid should be released in February;
the project’s Complete Streets checklist is in the packet.
The Fall River Trail (FRT) Extension project is at the 90% design stage. The project was
virtually presented as part of the 2024 Non-Motorized Planning Grants application
process. Construction of this final segment of the FRT is targeted for late 2024 or early
2025.
ROUNDABOUT DISCUSSION
Member Igel offered a presentation of 2015-2022 Estes Park roundabout crash data
obtained from CDOT’s public website that showed an increase of crashes after the
opening of the MacGregor Roundabout. Discussion points included why Estes Park’s
crash data may not follow the national trends for roundabouts and intersections; whether
roundabouts are good or bad for this tourist-heavy mountain community; how similar
communities like Sedona, Arizona, utilize a website tutorial to educate residents and
Transportation Advisory Board–January 17, 2024–Page 3
visitors on navigating the area’s roundabouts; observation of pedestrian habits at
roundabouts with RRFBs (rectangular rapid flashing beacons) in Estes Park; and
educational methods, such as clever signage, that could help promote roundabout safety.
ADMINISTRATIVE UPDATE
Director Muhonen reported that staff attended the US 34 Coalition quarterly meeting last
week, representing the Town as a non-member participant in the start-up US 34
Transportation Management Organization (TMO). Discussion points included the TMO’s
objective to facilitate the movement of people and goods through the US 34 corridor; the
availability of Congestion Mitigation and Air Quality (CMAQ) grant funds for transit
opportunities on US 34 and US 36; the Town’s pending intergovernmental agreement
(IGA) with the North Front Range Metropolitan Planning Organization (NFRMPO) to help
fund start-up of the TMO; and the benefits of advocating for a multimodal trail along US
34, particularly for emergency vehicles and evacuation events.
The Mobility Services Manager position remains unposted while Town leadership
analyzes the nature of the position and/or department. Project Manager recruitment
continues.
With recent slide-off accidents during winter conditions at the Wonderview/MacGregor
Avenue roundabout, Director Muhonen is consulting with CDOT’s Gina Fox (R4 North
Program) about a new flashing warning sign until reconfiguration of the west approach
can be undertaken. Discussion points included the recent repairs to the guardrail; use of
LED flashing lights and parking boulders; general speed-reduction methods; and
pedestrian behavior factors.
Director Muhonen invited TAB members to attend tonight’s 1% sales tax public action
meeting to learn about the proposed spending and how to support or oppose the renewal
effort.
2024 TAB OFFICERS ELECTION
Chair Morris invited discussion about the annual election for TAB officers. It was moved
and seconded (Slack/Hanick) that Chair Morris retain her office for another term,
and the motion passed by acclamation with Member Igel abstaining. It was moved and
seconded (Hanick/Morris) that Vice-Chair Ekeren retain her office for another term,
and the motion passed by acclamation with Member Igel abstaining.
OTHER BUSINESS
It was agreed that the “Update on Past Public Comment” item is a valuable addition to
the TAB’s standing agenda.
There being no further business, Chair Morris adjourned the meeting at1:56 p.m.
/s/Lani McDonald, Recording Secretary
TOWN BOARD MEETING
March 12, 2024
Consent Agenda Item #5 Contract Extension with
Colorado Barricade Company for 2024 Striping &
Paving Markings - $111,100 Budgeted.
PUBLIC WORKS
Memo
To: Honorable Mayor Wendy Koenig
Board of Trustees
Through: Town Administrator Machalek
From:Dana Klein, Parking & Transit Supervisor
Greg Muhonen, PE, Public Works Director
Date: March 12, 2024
RE: Resolution 17-24 Establishing 2024 Seasonal Paid Parking and Parking
Permit Fees and Proposed Revisions to Policy 842 – Parking Permits
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Public Works staff seek adoption ofResolution 17-24 establishing 2024 seasonal paid
parking and parking permit fees.
Present Situation:
At a Town Board Study Session (TBSS) on November 28, 2023, Public Works (PW)
staff presented detailed results from the 2023 paid parking season and
recommendations for the 2024 paid parking program. This initial presentation included
a summary of parking occupancy and turnover, parking permit utilization, public
outreach efforts, and operational improvements implemented for the 2023 guest
season.
During the TBSS, PW staff acknowledged that the downtown community would continue
to be impacted by significant downtown construction throughout the 2024 paid parking
season. As such, PW staff recommended no change to the paid parking program for
2024.
At the Town Board meeting on December 12, 2023, Ordinance 14-23 was approved
which establishes March 15 of each year as the date by which parking rates for the
following season shall be established.
Proposal:
Amend Policy 842 to align with the March 15 dates established by Ordinance 14-23.
Continue the paid parking program for the 2024 summer guest season as follows:
May 24 – October 20, 2024
10 a.m. to 5 p.m., Monday through Sunday
$2 per hour
682total spaces in the same eight public parking areasdesignated in2023,
including Town Hall, Bond Park, E. Riverside, Riverside, Virginia, Post Office,
Wiest, and Tregent(note that thistotal number of spaces will fluctuate throughout
the season due to construction)
Additionally, as in 2023:
69% of all public parking in Estes Park and 33%of parking in the downtown core
will remain free.
All spaces with persons for disabilities will remain free and without time limit.
Vehicles displaying Americans with Disabilities (ADA) placards or Disabled
Veterans (DV) license plates will continue to be exempt from paying parking fees
in Town-owned parking spaces.
Motorcycles parking in designated motorcycle parking spaces will continue to be
exempt from paying parking fees
Town Hall, the Estes Valley Library and the Post Office will continue to have
dedicated spaces without charge for patrons.
Residents/locals who live in the Estes Park School R-3 District will continue to be
eligible for 120 minutes of free parking each day in the paid parking areas.
Advantages:
Seasonal paid parking continues the Town’s commitment to implementation of the
Board-adopted Downtown Parking Management Plan and the four objectives of
the paid parking program contained in Chapter 10 of the Estes Park Municipal
Code.
Implementation is designed to accommodate diverse user groups (locals, visitors
and employees), is phased/incremental, and is in line with other Colorado
communities supported by tourism-driven economies.
Paid parking fees will continue to reduce future reliance on the General Fund for
parking management, future parking infrastructure (e.g., new parking structure
downtown), and the heavily subsidized Town’s free shuttle service (The Peak).
Disadvantages:
Implementation of seasonalpaid parking continues to be opposed by some;
however, staff will continue their commitment toworking with all stakeholders to
create the best possible parking experience for locals and visitors.
Action Recommended:
PWstaff recommendthe Town Board adopt Resolution 17-24 Establishing 2024 Paid
Parking and Parking Permit Fees.
Finance/Resource Impact:
Current Impacts: The current Parking Fund (256) balance is $623,879.21(2023 books
have not been closed so this may change slightly). The 2023 program has met its
financial goals, including:
1. Program costs were fully covered by program fees.
2. The Parking Fund will be able to “repay” the General Fund for the 2023 Parking
Division base budget.
3. Net revenue in the amount of $202,109.80 was added to the Parking Fund.
Future Impacts: For the 2024 paid parking season, staff project $837,250 in anticipated
revenue for the Parking Fund (256), including paid parking fees, permits, citations, and
special events. Expenses were conservatively projected at $776,714 (excluding Capital
but including all contractor and Town operational expenses) for net revenues of
$60,536.
Level of Public Interest
Public interest in seasonal paid parking continues to be moderate. PW staff continue to
actively engage the Transportation Advisory Board in conversations about the future of
the paid parking program.
Sample Motion:
I move for the approval/denial of Resolution 17-24.
Attachments:
1. Resolution 17-24 Establishing 2024 Paid Parking and Parking Permit Fees
2. Revised Policy 842 Parking Permits
RESOLUTION 17-24
ESTABLISHING 2024 SEASONAL PAID PARKING AND PARKING PERMIT FEES
WHEREAS, the Board of Trustees of the Town of Estes Park has adopted Chapter
10.06 of the Municipal Code, authorizing the implementation of seasonal parking fees by
resolution; and
WHEREAS, section 10.06.040 provides for permits in lieu of paid parking,
governed by rules and regulations to be approved by the Town Board; and
WHEREAS, section 10.04.040 allows for overnight parking where authorized by a
Town-issued parking permit; and
WHEREAS, at its study session on November 28, 2023, the Board of Trustees
discussed the program’s 2023 performance with regard to the Town’s parking
management objectives and staff presented recommended 2024 paid parking fees; and
WHEREAS, it is necessary to determine parking fees for planning and budgeting
purposes so as not to impair the continuity of operations for the Town’s Public Works
Department.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
1.The following daily parking fees in Estes Park shall be implemented and enforced
for the 150-day (25-week) visitation season commencing on May 24, 2024, and
terminating on October 20, 2024, inclusive.
2.Daily parking fees shall be $2.00 per hour between the hours of 10am and 5pm,
seven days per week.
3.Daily parking fees shall be collected for 682 parking stalls (31% of 2,174 total stalls
available system-wide and 67% of the 1,022 stalls located in the downtown core)
in eight public parking lots as follows: the Town Hall parking lot (224 of 281 stalls);
East Riverside parking lot (41 of 44 stalls); Riverside parking lot (91 of 94 stalls);
Wiest parking lot (132 of 141 stalls); Post Office parking lot (86 of 99 stalls);
Tregent parking lot (16 of 17 stalls); Virginia parking lot (19 of 20 stalls); and Bond
Park parking areas (73 of 76 stalls). The Public Works Director, or designated
manager for parking matters, shall determine which specific stalls within these lots
shall be designated as paid parking stalls, consistent with these totals, and shall
ensure that they are conspicuously so designated.
4.Daily parking fees shall not apply to the 28 stalls marked for persons with
disabilities in these parking lots: Town Hall (10 stalls); Post Office (4 stalls); Bond
Park (3 stalls); Tregent (1 stall); Wiest (4 stalls); Riverside (2 stalls); Virginia (1
stall); and East Riverside (3 stalls).
5.Daily parking fees shall not apply to the spaces currently reserved for access to
civil services in these parking areas: Town Hall (7); Post Office (10); and the Library
(7). Daily parking fees shall apply when these reserved spaces are used by the
public during holiday closures of the referenced facilities (Town Hall, Post Office,
and Library).
6.Daily parking fees shall not apply to spaces reserved for use by marked vehicles
on official business in the Town Hall parking area. Current reserved space counts
for 2024 are: Police Reserved (22) and Town/Library Staff Reserved (8). The
Public Works Director, or designated manager for parking matters, may adjust
these counts as necessary for operational purposes, by adjusting the counts
described in paragraph 3 above.
7.Daily parking fees shall not be charged to visiting public officials traveling on official
business in marked vehicles and parking in the Town Hall parking lot.
8.The two spaces marked as designated for electric vehicles in the Town Hall
parking area shall continue to be governed in accordance with adopted Town
policies.
1.Fees in 2024 for all parking permits as set forth in Public Works Policy
842 shall remain as set previously by resolution. They shall be as
follows:
a.Overnight: Downtown Resident: $35 per permit
b.Overnight: Downtown Rental Unit/ Commercial Lodging: $40 per
permit
c.Overnight: General Use: $10 per space per night
d.Overnight: Temporary Guest: $0 per permit
e.Employee: Convenience: $40 per permit; except businesses or
individuals that purchase bulk quantities of this permit type in a
season will be entitled to receive the following discounts upon
request:
i.5-9 permits = 10% off
ii.10-19 permits = 20% off
iii.20+ permits = 30% off
f.Business: Commercial Loading: $80 per permit
g.Volunteer: $0 per permit
9.The Board hereby updates Policy 842, adopting the revisions now before the
Board.
10. This resolution shall be in full force and effect upon its passage and approval.
11. The Board repeals all resolutions or parts of resolutions in conflict with this
resolution, but only to the extent of such inconsistency.
DATED this day of , 2024.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Effective Period: Until Superseded
Review Schedule: Annually
Effective Date:June 28, 2022March 12, 2024
References: EP Municipal Code Title 10 Vehicles & Traffic
PUBLIC WORKS
842
Parking Permits
1)PURPOSE
The Town of Estes Park provides several options for permits that confer special
parking privileges to those who live, work and/or own a business in the downtown
area (as defined by the Town of Estes ParkÓs Commercial Downtown (CD) zoning
district).
2)POLICY
As described in section 10.04.040 of the Estes Park Municipal Code, no person shall
park a vehicle in any Town-owned parking area overnight or longer than 18 hours
except where authorized by one of the permits described in this policy (Parking
Permits) or Revocable Encroachment Permit issued by the TownÓs Public Works
Department (or designated representative or contractor). Furthermore, fees are
required to park in several Town parking spaces, except where an individual holds a
permit in lieu of paid parking under section 10.06.040. Violating vehicles will be
subject to a parking citation or removal of the vehiclepursuant to Colorado statutes.
3)PERMIT TYPES
The rules and regulations of each specific permit type are detailed below. Section 4
then provides general rules for all permit types.
a.Overnight Permit: Downtown Resident
i)Eligibility:
1)This permit type is only available to those who can demonstrate proof of
residency in the downtown core, as defined by the Town of Estes ParkÓs
Commercial Downtown (CD) zoning district.
ii)Rules & Regulations:
1)Permits are valid for an entire calendar year.
2)Each permit must be registered to a specific license plate.
3)Permits are valid only in one assigned parking area (lot), on a first-come,
first-served basis.
4)Permits are not valid in time-limited or reserved spaces.
DocumentTitle:Policy842ΑParkingPermits6/28/20223/12/2024
Revisions:23TownofEstesPark,PublicWorksPage1of7
5) There are no time restrictions for this permit; permit holders are allowed
access to their assigned parking area 24 hours per day, seven (7) days
per week.
b. Overnight Permit: Downtown Rental Unit / Commercial Lodging
i) Eligibility:
1) This permit type is only available to those who own, operate or manage a
licensed rental unit/hotel room/lodging property in the downtown core, as
defined by the Town of Estes ParkÓs Commercial Downtown (CD) zoning
district.
ii) Rules & Regulations:
1) Permits are valid for an entire calendar year.
2) A valid hangtag issued by the Town must always be displayed on the
vehicleÓs rearview mirror.
3) Permits are valid only in one assigned parking area (lot). This assignment
will be indicated on the permit.
4) Permits are not valid in time-limited or reserved spaces.
5) There are no time restrictions for this permit; permit holders are allowed
access to their assigned parking lot/area 24 hours per day, seven (7) days
per week.
6) A $20 replacement fee will apply for lost or damaged hangtags.
c. Overnight Permit: General Use
i) Eligibility: General use overnight parking is only allowed in the following
circumstances:
1) An individual is taking the Hiker Shuttle into Rocky Mountain National Park
to camp overnight in the park;
2) An individual is participating in an extended hike in the Estes Park Valley
(either on their own or as part of a commercially-run tour) and does not
have a private location for their vehicle to park overnight;
3) An individual has an extraordinary/emergency need for overnight parking
(e.g., vehicle is broken down). In this instance, the reason must be
deemed appropriate by Parking & Transit Division staff; or
4) An individual is staying with a local lodging establishment and/or staying at
a licensed vacation rental (e.g., VRBO, Airbnb) and the main lodging
location does not have sufficient parking to accommodate all guests.
ii) Rules & Regulations:
1) Not valid for use on a recreational vehicle as defined by Chapter 13 of the
Estes Park Development Code.
2) Permit holders may not sleep in their vehicle at any time.
3) Valid for up to seven (7) nights.
4) Must be registered to a specific license plate. Vehicles that take up
multiple spaces (e.g., truck pulling a trailer) will be required to pay per
vehicle, per night for each occupied space.
DocumentTitle:Policy842ΑParkingPermits6/28/20223/12/2024
Revisions:23TownofEstesPark,PublicWorksPage2of7
5) Must be purchased at the time of parking.
6) Only valid in the designated area of the Events Complex Park-n-Ride lot
(1125 Rooftop Way) as indicated on the following map:
d. Overnight Permit: Temporary Guest Permit
i) Eligibility:
1) This permit is available to those who are guests of a valid Downtown
Resident Permit holder.
2) The Downtown Resident Permit holder must apply for the Temporary
Guest Pass on behalf of their guests.
ii) Rules & Regulations:
1) Not valid for use on a recreational vehicle as defined by Chapter 13 of the
Estes Park Development Code.
2) Permit holders may not sleep in their vehicle at any time.
3) Valid for up to seven (7) nights.
4) Must be registered to a specific license plate. A valid hangtag issued by
the Town must always be displayed on the vehicleÓs rearview mirror.
5) Permits are valid only in one assigned parking area (lot). This assignment
will be indicated on the permit.
6) Permits are not valid in time-limited or reserved spaces. There are no time
restrictions for this permit; permit holders are allowed access to their
assigned parking lot/area 24 hours per day, seven (7) days per week.
DocumentTitle:Policy842ΑParkingPermits6/28/20223/12/2024
Revisions:23TownofEstesPark,PublicWorksPage3of7
e.Employee Permit: Convenience Permit
i)Eligibility:
1)Anyone who works in the downtown core is eligible to purchase this
permit.
2)Applicant must provide proof of employment or that they conduct business
in the downtown core, as defined by the Town of Estes ParkÓs Commercial
Downtown (CD) zoning district.
ii)Rules & Regulations:
1)Permits are valid in any seasonal paid parking area.
2)Permits are valid for an entire annual paid parking season.
3)Permits are not valid in time-limited or reserved spaces.
4)Permit is not valid for overnight parking.
5)Only valid for non-marked personal vehicles (marked commercial vehicles
are not eligible for this permit).
6)Each permit must be registered to a specific license plate.
7)There is no limit to the number of vehicles that can share one permit,
however, permit holders that use a shared permit will be responsible for
managing the shared use of their permits. The Town is not responsible for
shared permit holders that receive a citation for attempting to use the
same permit on more than one vehicle at one time.
f.Business Permit: Commercial Loading
i)Eligibility:
1)Anyone who works or conducts business in the downtown core (as
defined by the Town of Estes ParkÓs Commercial Downtown (CD) zoning
district) is eligible to purchase this permit.
2)Applicant must provide proof of employment or that they conduct business
in the downtown core.
3)Subject to proof of current business license.
ii)Rules & Regulations:
1)Only valid for marked commercial or business vehicles (not for use on
unmarked personal vehicles).
2)Permits are valid only in assigned parking areas (lots) and are available
on a first-come, first-served basis.
3)Vehicles displaying this permit must be actively loading or unloading
people and/or goods.
4)Each permit must be registered to a specific license plate or plates, in the
case of a shared permit.
5)There is no limit to the number of vehicles that can share one permit,
however permit holders that use a shared permit will be responsible for
managing the shared use of their permits. The Town is not responsible for
shared permit holders that receive a citation for attempting to use the
same permit on more than one vehicle at one time.
DocumentTitle:Policy842ΑParkingPermits6/28/20223/12/2024
Revisions:23TownofEstesPark,PublicWorksPage4of7
6) Parking shall be permitted between the hours of 5 p.m. and 10 a.m. One
space per permit; multiple vehicles sharing a single permit may not park
overnight at the same time.
g. Local 60 Minutes Free
i) Eligibility:
1) Anyone who resides within the Estes Park R3 School District.
2) Applicant must provide proof of residency.
ii) Rules & Regulations:
1) Permits are valid in any seasonal paid parking area, for up to 60 minutes
of free parking per day.
2) Permits are valid for an entire annual paid parking season.
3) Permits are not valid in time-limited or reserved spaces.
4) Permit is not valid for overnight parking.
5) Only valid for non-marked personal vehicles (marked commercial vehicles
are not eligible for this permit).
6) Each permit must be registered to a specific license plate.
h. Volunteer Permit
i) Eligibility:
1) This permit is available to any business, organization or governmental
entity who offers uncompensated employment or volunteer opportunities
in the downtown core (as defined by the Town of Estes ParkÓs Commercial
Downtown (CD) zoning district).
2) Applicant must provide proof that those who will be receiving a volunteer
permit are not being compensated, financially or otherwise.
ii) Rules and Regulations:
1) Applicant must provide a specific time frame during which the permit(s)
will be active.
2) This permit type can only be used while the vehicleÓs driver is actively
volunteering without compensation. The permit is not valid while the
vehicleÓs driver is conducting personal business.
3) Permits are issued as physical hangtags for temporary display in a
volunteerÓs vehicle.
4) The hangtag must be clearly visible in the dash of the vehicle.
5) During the time that the permit is active, it is the organizationÓs sole
responsibility to distribute, manage and account for all permits, and ensure
they are being used appropriately.
6) A $20 replacement fee will apply for lost or damaged hangtags.
i. Daily Permit: Express Pass
i) Eligibility:
DocumentTitle:Policy842ΑParkingPermits6/28/20223/12/2024
Revisions:23TownofEstesPark,PublicWorksPage5of7
1) This permit type is available to anyone who would like to park in one of the
TownÓs eight paid parking areas during the annual paid parking season, in
order to conduct personal business in the downtown core.
ii) Rules & Regulations:
1) This permit type must be purchased in advance prior to arriving in the
parking area of oneÓs choice. The TownÓs Parking and Transit Manager
may determine how far in advance the purchase must occur for the permit
to be available, consistent with the requirements integrated into the
platform or other method for the purchase of the permit.
2) This permit type is valid for one, two or three full days of parking during
posted paid parking hours.
3) Permits are not valid in time-limited or reserved spaces.
4) Permit is not valid for overnight parking.
5) Purchasing this permit does not guarantee that a parking space will be
available nor does it guarantee that a parking space will be available in a
preferred parking area. Public parking is first-come, first-served in all
parking areas regardless of permit type or status.
6) Each permit must be registered to a specific license plate.
7) Only valid for non-marked personal vehicles (marked commercial vehicles
are not eligible for this permit).
8) There will be no refunds for ÐunusedÑ parking.
4. GENERAL RULES
The following rules are generally applicable to all of the permit types listed above.
Permit holders will be asked to review and agree via signature to the following terms
prior to receiving any Parking Permit.
a. Permits have no cash value and are non-transferable.
b. Permit holders must be parked legally in a designated public parking area (e.g.,
no double-parking, parking in reserved areas, or parking in areas designated ÐNo
ParkingÑ). Permits are not valid in spaces for persons with disabilities, in fire
lanes, or in spaces marked ÐReservedÑ for other uses (e.g., Police, Library).
c. Permit holder must move their vehicle within 24 hours for parking lot
maintenance (e.g., striping, sweeping, cleaning, snow removal). Written notice
will be provided to permit holders by email at least 24 hours in advance. If the
vehicle has not been moved after 24 hours of notice, the vehicle will be removed
from the parking area at the ownerÓs expense pursuant to Colorado statutes.
d. Permits are valid only for designated purposes as described in this Policy.
Vehicles are not exempt from paying hourly fees for paid parking when vehicles
are parked out of compliance with the rules and regulations of this Policy, and
such noncompliant parking is subject to enforcement under the Estes Park
Municipal Code.
e. Any permit holder who does not abide by this Policy will risk loss of their permit.
Upon first violation of the stated Rules and Regulations for their permit type, the
permit owner will receive a written warning by email and USPS mail. A second
DocumentTitle:Policy842ΑParkingPermits6/28/20223/12/2024
Revisions:23TownofEstesPark,PublicWorksPage6of7
violation will result in suspension of the permit for 30 days with the opportunity to
appeal. Appeals must be submitted in writing to The Car Park, PO Box 2285,
Estes Park, CO 80517, or in person at 363 East Elkhorn Ave, Suite 208. A third
violation could result in an additional suspension of the permit of up to 180 days
with similar opportunity to appeal, as well as immediate revocation of oneÓs ability
to purchase any additional parking permit for one year. The Parking and Transit
Manager or designee is authorized to make determinations on such warnings,
suspensions, and revocations, in their reasonable discretion. The hearing officer
for any appeal shall be designated by the Town Administrator. Notice of
suspension of permit shall be given with no less than ten (10) daysÓ opportunity
to appeal, in the form and manner specified by the Parking and Transit Manager,
unless, in the Parking and Transit ManagerÓs determination, the circumstances
amount to an emergency and immediate suspension is warranted.
f.The Town of Estes Park assumes no responsibility or liability for all risks, losses,
costs, and damages incurred during use of the Town-owned parking facilities.
g.Inoperable or abandoned vehicles are subject to towing at the ownerÓs expense
pursuant to Colorado statutes.
h.Any vehicle parked in violation of these stated regulations may be removed at the
ownerÓs expense pursuant to Colorado statutes.
i.The Town reserves the right to limit the sale and distribution of any permit at the
TownÓs sole discretion.
j.In the event of a conflict, the Estes Park Municipal Code controls over any
provisions of this Policy.
5.COST OF PERMITS
a.The cost of the Parking Permits is intended to be set annually by December 15 of
the preceding year by resolution of the Town Board. The Parking and Transit
Manager shall propose parking rates for the upcoming season to the Town Board
by March 15 of each year.
b.Full payment must be made prior to receiving the permit.
Approved:
Wendy Koenig, Mayor
Date
DocumentTitle:Policy842ΑParkingPermits6/28/20223/12/2024
Revisions:23TownofEstesPark,PublicWorksPage7of7
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LARIMER COUNTY CLERK AND RECORDER
Estes Park Voter Service & Polling Center
Hours of Operation
Voter Service and Polling Center (VSPC)
Hours of Operation
VSPC Hours Reduction
Original decision, made by prior administration, was to reduce Estes Park VSPC
hours of operation from 13 days (120 hours) to 2 days (21 hours), based on
reported underutilization of site during the extended period.
As a newly appointed Clerk, I heard citizen concerns and recognized a more
equitable balance needed to be struck between the perceived need for extended
hours and the actual usage reflected by data.
Based on those two factors, VSPC hours of operations were in increased for
general elections from 2 days (21 hours) to 4 days (34 hours).
Why?
Decision to open 4 days (34 hours) was supported by comparable VSPC data.
The Clerk and Recorder has a duty to be a good steward of public resources.
Voter Service and Polling Center (VSPC)
Hours of Operation
Colorado Title 1. Elections ь 1-5-102.9
(1)(a) For general elections, each county clerk and recorder shall designate a minimum number of voter
service and polling centers, as follows:
(I) For counties with at least two hundred fifty thousand active electors:
(A) During the period from the fifteenth day before the election to the fifth day before the election, at
least one voter service and polling center for each seventy-five thousand active electors;
3 VSPCs ΛƚƷğƌ ƚŅ Ќ ƚƦĻƓ ğƷ Ʒŷźƭ ƷźƒĻΜ
(B) During the period from the fourth day before the election to the second day before the election, at
least one voter service and polling center for each twenty thousand active electors; and
+ 9 VSPCs ΛƚƷğƌ ƚŅ ЊЋ ƚƦĻƓ ğƷ Ʒŷźƭ ƷźƒĻΜ
(C) On the day before the election and on election day, at least one voter service and polling center for
each twelve thousand five hundred active electors.
+8 VSPCs ΛƚƷğƌ ƚŅ ЋЉ ƚƦĻƓ ğƷ Ʒŷźƭ ƷźƒĻΜ
(b.5) (I) For a general election, a county clerk and recorder shall designate a voter service and polling center
on the campus of a state institution of higher education located within the county as follows:
(A) During the period from the fifteenth day before the election to the second day before the election,
one voter service and polling center on each campus that has ten thousand or more enrolled students;
and
(B) On the day before the election and on election day, one voter service and polling center on each
campus that has two thousand or more enrolled students.
Past Elections
Total Votes Cast in Larimer County
2019 Coordinated: 113,129
2020 Presidential: 226,901
Troublesome Fire, EP VSPC Closed 5 Days
82% of VSPC EP ballots issued came 10/30/2020-11/3/2020 Îlast four days
2021 Coordinated: 112,776
2022 General: 180,424
2023 Coordinated: 125,341
2022 General Election VSPC Stats
# Larimer County Registered Voters 2022: 259,825
# Estes Park Area Voters (Allenspark, Drake, Estes Park, Glen haven & Lyons): 9,555 (~3.7%)
Ѝ {t/ƭ ƚƦĻƓ ЊЌ ķğǤƭ ΛЊЋЉ ŷƚǒƩƭΜ
Total Ballots issued at 20 VSPCs (Paper + ICX + Mail): 10,409
¤LC Admin Services:1,839 (~17% of total)
¤Loveland Police & Courts: 1,568 (~15% of total)
¤*Colorado State University: 1,163 (~11% of total)
¤Estes Valley Community Center:425 (~4% of total) (84% last four days)
Voter Service and Polling Center (VSPC)
Hours of Operation
2022 GeneralElection
Total (Paper + ICX + Mail) Ballots Issued -4 VSPCS, 13 Day Total
Voter Service and Polling Center (VSPC)
Hours of Operation
2022 GeneralElection
Total (Paper + ICX + Mail) Ballots Issued -8 VSPCS, 4 Day Total + Estes Park (13 Day)
Estes Valley CC (EP)
425
Clearwater (FC)
280
Elks Lodge (FC)
277
Hilton Hotel (FC)
459
382
King of Glory (LL)
Drake Centre (FC)
266
Council Tree Covenant (FC)
580
331
Grace Community (LL)
343
Crossroads (LL)
Questions?
Tina HarrisTTTiina Harrrrrris
Larimer County Clerk and RecorderLarimer Countytytyttyty Clelleleeerkaandnnnnnn Recordeeeerrrrr
PO Box 1280
Fort Collins, CO 80522
tina.harris@larimer.govtina.harris@larimer.rgogogovvv
970.498.7852 (O) 970.498.7852 (O)
970.459.7332 (M)99790.459.7332 (M)
TOWN ATTORNEY’S OFFICE
Memo
To: Honorable Mayor Koenig
Board of Trustees
From: Dan Kramer, Town Attorney
Date: March 12, 2024
RE: Resolution 18-24 Urging the Larimer County Clerk and Recorder to
Restore Hours of Operation for the Estes Park Voter Service and Polling
Center
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Give the Board an opportunity to make a formal statement regarding reductions in
operating hours of the voter service and polling center at the Estes Valley Community
Center.
Present Situation:
The Board has heard comments from the public objecting to reductions in these hours
of operation for upcoming elections. The Board requested a resolution to urge the
Larimer County Clerk and Recorder to restore the hours of operation to previous levels.
Proposal:
This resolution would request the restoration of the hours.
Advantages:
The Board would take a formal position.
Disadvantages:
None. The Board’s position would have no direct consequences but would be a request
to the County Clerk and Recorder.
Action Recommended:
If the Board wishes to take this position, I recommend adopting the resolution.
Finance/Resource Impact:
No cost to the Town.
Level of Public Interest
Some; likely to increase as elections approach.
Sample Motion:
I move for the approval/denial of Resolution 18-24.
Attachments:
1. Resolution 18-24
RESOLUTION 18-24
A RESOLUTION URGING THE LARIMER COUNTY CLERK AND RECORDER TO
RESTORE HOURS OF OPERATION FOR THE ESTES PARK VOTER SERVICE AND
POLLING CENTER
WHEREAS, the voter service and polling center in Estes Park provides essential
services to the voters of the Estes Valley; and
WHEREAS, the Larimer County Clerk and Recorder updated hours of operation
for the voter service and polling center at the Estes Valley Community Center in advance
of the presidential primary election on March 5, 2024; and
WHEREAS, the hours of operation leading up to the election date were a
significant reduction from prior elections, which make it more difficult for citizens in the
Estes Valley to vote.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Town of Estes Park urges the Larimer County Clerk and Recorder to restore
the hours of operation for the Estes Park Voter Service and Polling Center to the levels
previously provided for elections.
DATED this day of , 2024.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
ADMINISTRATION
Memo
To: Honor
able Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Carlie Bangs, Housing & Childcare Manager
Date: March 12, 2024
RE: 6E Funding Expenditure to the 2024 Childcare Workforce Subsidy
(Mark all that apply)
PUBLIC HEARINGORDINANCELAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Staff is seeking approval to utilize 6E funds allocated to the “Addressing Workforce
Challenges” subcategory under Childcare to provide direct subsidies to Early Childhood
Preschools and Childcare Centers.
Present Situation:
The 2024 Funding Plan was approved to designate 6E funds for childcare and
workforce housing initiatives in the fall of 2023. Under childcare, the prioritization of
funds to address workforce challenges was to bridge the gap between what providers
can afford to pay staff and what is deemed to be a reasonable, living wage.
The prioritization of supporting the early childhood workforce initiated a proactive effort
to get funds into the hands of childcare providers beforethe winter monthsof 2023
(winter is usually a less predictable time for childcare providers when it comes to
enrollment). All three childcare centers that were eligible at the time applied and
received funds before the end of the year. No family home providers were eligible in
2023 due to their Quality Shines Rating with the state of Colorado.
The 2023 Childhood Workforce Subsidy provided funds to the YMCA of the Rockies at
Bennett, Mountaintop Childcare, and Park Place Preschool located at Estes Park
Elementary School. These funds ensured increased wagesfor staff, paid for staff
benefits such as free childcare, and increased the number of staff. Preliminary funding
expenditure reports are due May 31, 2024and will be included in the annual report for
6E funds.
Proposal:
This direct subsidy to providers will be a one-time distribution of funds to licensed
childcare providers, including family home providers. Thisprogram provides a proactive
approach to addressing workforce challenges that enables each provider to determine
how funds are best leveraged to address workforce issues based on their
circumstances and challenges.
For providers to be eligible for these funds, centers must provide a living wage, in
addition to the following:
Licensed provider
Providing $20/hour minimum wage for all teachers and staff ($16/hour for
paraprofessionals and aides)
o Documentation to show all teachers and staff are receiving $20/hour will be required
CO Shines Rating Level 2 or above
Accept tuition assistance from CCAP, LCCF, and EVICS Family Resource Center; or
Universal Preschool, when applicable.
At least one parent or guardian of each of the children served by these positions must
work full-time within the boundaries of the Estes Park R-3 School District
Licensed providers that are eligible for the 2024 Childcare Workforce Subsidy, are also
eligible for the Infant and Toddler Care Bonus. Home providers are eligible for $5,000 if
they serve at least two infants or toddlers (two children under 3 years old). Small and
Large Centers are eligible to receive the bonus based on the number of classrooms (6-
10 kids per classroom) for infants or toddlers.
The Infant and Toddler Care Bonus does not have to directly go back to infant and toddler
teachers or programming. Infant and Toddler Care Bonus can be used to subsidize the needs of
the provider per the same restrictions outlined in the general subsidy.
Recipients of the subsidy and bonus must use the majority of the funds to support their
workforce as outlined.The application process will begin upon the approval of the
funding program and close May 15, and the distribution of funds will occur by August 1.
More information is outlined in the subsidy program outline and the calculations for the
bonus.
Advantages:
Distribution of funds to address workforce challenges for childcare providers as directed
by the voters when passing the 6E Ballot Initiative.
Disadvantages:
None.
Action Recommended:
Approval of 6E Expenditure to the 2024 Childcare Workforce Subsidy
Finance/Resource Impact:
Up to $120,000 may be expended from the Childcare Lodging Tax Fund, account 101-
1900-419.37-97 for this subsidy.
Level of Public Interest
Medium
Sample Motion:
I move for the approval/denial of the expenditure of 6E Funds for the 2024 Childcare
Workforce Subsidy.
Attachments:
1.2024 ChildcareWorkforce Subsidy
2. Subsidy Application
3. Infant and Toddler Bonus Calculation Example
2024 Childcare Workforce Subsidy
The 2024 Childcare Workforce Subsidy is an annual funding opportunity through the Workforce
Housing and Childcare Lodging Tax (6E) based on Colorado Shine's rating level and size of the
program. This subsidy is available to licensed childcare providers in the Estes Valley (Estes
Park School District). The application process is open from March 15- May 15, and the
distribution of funds occurs by August 1.
Eligibility requirements include:
Licensed provider
Providing $20/hour minimum wage for all teachers and staff (excluding aides)
Documentation to show all teachers and staff are receiving $20/hour will be required
CO Shines Rating Level 2 or above
Accept tuition assistance from CCAP, LCCF, and EVICS Family Resource Center; or
Universal Preschool, when applicable.
At least one parent or guardian of each of the children served by these positions must
work full-time within the boundaries of the Estes Park R-3 School District
The Details
75% of funds must be used to support the workforce
Provide a living wage to all teachers, staff, and aides ($20/hour in Larimer
County)
Help pay or offset costs for benefits such as healthcare and paid leave.
Provide recruitment bonuses or retention stipends.
Assist with costs associated with licensing and/or staff training.
Assist with costs associated with housing staff.
Assist with costs associated with the transportation needs of staff and/or children.
emaining amount may be used for capital site improvements and learning
The r
environment materials. If unsure if a purchase qualifies, contact the Housing and
Childcare Manager at cbangs@estes.org
.
Purchases must align with the program’s Colorado Shines Quality Improvement plan,
which should be updated annually.
The subsidy amount is calculated based on the Provider’s Quality Rating at the time of
application.
The applications must be completed online by visiting our website at www.estes
park.colorado.gov/childcare. Application support is provided by the Housing and
Childcare Manager at cbangs@estes.org
Large Center
Defined as: less than 24-hour programs of care defined in Section 26-6-102 (1) C.R.S., and
provides care for 16 or more children between the ages of 2 ½ and 16 years.
This may include:
Infant nursery: provides care for children between the ages of 6 weeks and 18 months,
Toddler nursery: provides care for children between the ages of 12 months (when
walking independently) and 36 months,
Preschool: is a part-day childcare program for 5 or more children between the ages of 2
½ and 7 years.
Large Centers providing School-age childcare qualify for this subsidy if they hold a childcare
license with the State of Colorado.
School-age childcare center: is a child care center that provides care for 5 or more children who
are between 5 and 16 years of age. The center's purpose is to provide childcare and/or an
outdoor recreational experience using a natural environment. The center operates for more than
one week during the year. The term includes facilities commonly known as day camps, summer
camps, summer playground programs, before and after school programs, and extended day
programs. This includes centers operated with or without compensation for such care, and with
or without state educational purposes.
Colorado Shines Rating Level Amount
Level 2$25,000
Level 3$30,000
Level 4$32,000
Level 5$34,000
Small Center
Defined as: less than 24-hour programs of care defined in Section 26-6-102 (1) C.R.S., and
provides care for 5 through 15 children between the ages of 2 and 6 years.
This may include:
Infant nursery: provides care for children between the ages of 6 weeks and 18 months,
Toddler nursery: provides care for children between the ages of 12 months (when
walking independently) and 36 months,
Preschool: is a part-day child care program for 5 or more children between the ages of 2
½ and 7 years.
Colorado Shines Rating Level Amount
Level 2$10,000
Level 3$13,000
Level 4$14,000
Level 5$15,000
Family Home Childcare Provider
Defined as: “Family Care Home” defined in Section 25-6-102(4). C.R.S. and a type of family
care home that provides less than 24-hour care for 2 or more children regularly in a place of
residence. Children in care are from different family households and are not related to the head
of household.
Colorado Shines Rating Level Amount
Level 2$4,000
Level 3$4,500
Level 4$4,800
Level 5$5,000
2024 Infant and Toddler Care Bonus
Defined as: “Infant and Toddler Care” is defined for this bonus, as care provided to children
under the age of 3 years old.
Licensed providers that are eligible for the 2024 Childcare Workforce Subsidy, are also eligible
for the Infant and Toddler Care Bonus. Home providers are eligible for $5,000 if they serve at
least two infants or toddlers (two children under 3 years old). Small and Large Centers are
eligible to receive the bonus based on the number of classrooms (6-10 kids per classroom) for
infants or toddlers.
The Infant and Toddler Care Bonus does not have to directly go back to infant and toddler
teachers or programming.
Home Provider eligibility is based on infant and toddler attendance in the year before
subsidy application.
Center-based care eligibility is based on the number of classrooms per age group in the
year before subsidy application (pro-rated based on months at a minimum of 80%
capacity).
Type Amount
Home Provider $5,000
Toddler Room $7,500
Infant Room $15,000
2024 ChildcareWorkforce Subsidy Application
Program Name
Your Name
Mailing Address
City, State, Zip
Type of address
Email
Phone
Type of Program
License #
Quality Improvement Rating
Link to Quality Improvement Page
ECCLC Coach Name
ECCLC Coach Email
(Additional information requested on following pages)
Please provide the following information to help us assess your entity’s eligibility and need. Responses
should be submitted as an attachment to this application form.
1. Does your childcare operation serve the Estes Valley, as defined as the Estes Park R-3 School
District?
Yes
No
2. How many children are you licensed to serve throughout the year, and what ages?
3. What are your tuition rates broken down by age for the day/week/month?
4. How many staff are required per state licensing? How many staff do you hire annually?
5. What are the current wages for teaching staff? Support staff?
6. Do you offer infant (6 weeks to 18 months) or toddler care (under 36 months)?
Yes
No
7. What percentage of children in your care live in households that fall below 80% of Area Median
Income?
Less than 10%
50%
80% or more
I don’t have that information to report on.
(Note: Answering “No” to this question does not impact eligibility for funds.)
8.Do you accept CCAP, LCCF, and EVICS Tuition Assistance?
Yes
No
9.Do you offer Universal Preschool?
Yes
No
10.Please attach the most recent fiscal year-end financial statements reflecting your entity’s
beginning and ending balances for the year. This requirement can be met by submitting one or
more of the following:
a. Most recent financial statements as approved by your board
b. Most recent audited statement or review by an outside expert
c.Most recently filed IRS Form 990
If you are applying as a Family Home provider, please provide tax documentation that shows
revenue and expenditures.
11.Describe how you will prioritize addressing your unique workforce challenge with these funds.
Infant and Toddler Care Bonus
The Infant and Toddler Care Bonus is offered to providers based on the care you provided in the
previous year. Home providers are eligible for the bonus if they serve at least two infants or toddlers
(two children under 3 years old). Small and Large Centers are eligible for the bonus based on the
number of classrooms (6-10 children per class) for infants or toddlers. A classroom must have a
minimum of 6 children to qualify.
With this application, please include the following documentation if you’d like to receive the Infant
and Toddler Care Bonus:
Family Home Provider: infant and toddler attendance in the year before subsidy application.
Centers: number of classrooms per age group (pro-rated based on months the classroom has
a minimum of 6 children)
(signature required on the next page)
I swear and affirm that all of the information included in this application, its attachments, and its
supplemental documents is true and correct to the best of my knowledge.
I understand that funds awarded must be spent within twelve (12) months of the award date or the
funds must be returned to the Town.
I understand that the entity receiving Town funds to facilitate childcare service offerings must
provide the services outlined in this application for a minimum of 24 months from the award date or
the funds must be returned to the Town.
I understand that the funds must be used as outlined in the 2023 Early Childhood Workforce Subsidy
to address workforce challenges and will provide a minimum wage for all teachers and staff as
described.
I understand that at least one parent or guardian of each of the children receiving childcare services
works full-time within the boundaries of the Estes Park School District R-3.
__________________________________________________________________________________
Name and Signature of Applicant Date
___________________________________________________________________________________
Name and Signature of Witness Date
Carlie Bangs
Town of Estes Park
Housing & Childcare Manager
Childcare Workforce Subsidy Town Board MeetingMarch 12, 2024
Approval of expenditure to fund the 2024 Childcare Workforce Subsidy.
Objective
Continuing on the success of the 2023 Early Childhood Workforce Subsidy to proactively support childcare providers in the Estes Valley.Use 6E funds to bridge the gap between what providers
can afford to pay staff and what’s deemed to be a reasonable, living wage.
Present Situation
Photo Credit: YMCA of the Rockies
Direct subsidy to childcare providers to address workforce challengesAnnual subsidy awardAllows each provider to determine how funds are best leveraged to address workforce issues based
on their circumstances and challenges
Proposal
What’s Colorado Shines?Colorado Shines is the state’s quality rating and improvement system. Colorado Shines rates Colorado’s early learning programs. Its primary functions are to help
participating programs and professionals improve their quality rating through assessment, training and tools, and connect families with quality care.
3
-
time within the
-
Licensed providerProviding $20/hour minimum wage for all teachers and staff ($16/hour for paraprofessionals and aides)Documentation to show all teachers and staff are receiving $20/hour
will be required CO Shines Rating Level 2 or aboveAccept tuition assistance from CCAP, LCCF, and EVICS Family Resource CenterAt least one parent or guardian of each of the children
served by these positions must work fullboundaries of the Estes Park School District R
Eligibility
2024 Childcare Workforce Subsidy
Amount$5,000$7,500$15,000
Type Home ProviderToddler RoomInfant Room
Centers are eligible to receive the bonus
onus award does not need to go directly back to the
Licensed providerHome providers are eligible for up to $5,000 if they serve at least two infants or toddlers (two children under 3 years old)Small and Large based on the number of classrooms
for infants and/or toddlers.The binfant or toddler teachers, classrooms, or programs.
Eligibility
Infant and Toddler Care Bonus
Proposal Town staff proposes that the Town Board approve the 6E Expenditure to the 2024 Childcare Workforce Subsidy.The board authorizes the Housing and Childcare Manager to distribute
funds and approve related agreements for this subsidy.
Finance Impact Up to $120,000 expenditure from the Childcare Reserve Fund.
$200,000$200,000$100,000$100,000
$306,392.09
School Funding
-
of
-
Addressing Workforce ChallengesTuition AssistanceOutCapital and Facilities 2023 Fund Balance
Projected 2024 Budget/Expenditures
ADMINISTRATION
Memo
To: H
onorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Carlie Bangs, Housing and Childcare Manager
Date: March 12, 2024
RE: Resolution 19-24 Grant Agreement with Larimer County to Receive ARPA
Funds for the Fish Hatchery Workforce Housing Project
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT X RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
To consider approval of the Grant Agreement for American Rescue Plan Collaborative
Projects Grant Sub Award.
Present Situation:
In November 2022, the Larimer County Board of County Commissioners expressed
intent to provide State and Local Fiscal Recovery funds in the amount of $2,000,000 to
contribute to the Fish Hatchery Housing Project.
The County will award and release to the Town of Estes Park a sum up to $2,000,000
for the construction and other projected related costs for the Fish Hatchery Workforce
Housing Development as described in the proposal.
Proposal:
As a recipient of the ARPA Projects Grant Sub Award, Estes Park will transfer funds to
the Estes Park Housing Authority (EPHA) to begin Phase One of the Fish Hatchery
Housing Development.
Phase One will be led by the EPHA Real Estate Development Director Levine, to
include a comprehensive community outreach program, necessary predevelopment
work, and the generation of substantial reports, including traffic studies, environmental
assessments, market needs evaluations, wildlife assessments, geotechnical subsoil
studies, and cultural inventory if required.
The collective efforts from 2021-2023 have laid a foundation for this new direction as
EPHA intends to pursue Low-Income Housing Tax Credits (LIHTC) to develop a portion
of the site in collaboration with development partners.
The total project cost is expected to be approximately $65-70 million.
A
dvantages:
The development of Fish Hatchery Workforce Housing Project will support the
community’s goals to increase workforce housing units in Estes Park.
The committed ARPA funds offer $2,000,000 of expenses for pre-development costs of
the estimated $65-70 million Fish Hatchery Workforce Housing Development Project.
isadvantages:
D
None.
Action Recommended:
Staff recommend the approval of Resolution 19-24.
Finance/Resource Impact:
$2,000,000 Sub Award will be transferred to Estes Park Housing Authority.
Level of Public Interest
High
Sample Motion:
I move for the approval/denial of Resolution 19-23.
Attachments:
1.Resolution 19-24
2.Grant Agreement American Rescue Plan Collaborative Projects Grant Sub
Award
3.Grant Proposal
4.Letter from Estes Park Housing Authority
RESOLUTION 19-24
APPROVING ANAGREEMENT WITH LARIMER COUNTY FOR AN AMERICAN
RESCUE PLAN ACT GRANT FOR THE FISH HATCHERY WORKFORCE HOUSING
PROJECT
WHEREAS, the Town previously submitted a grant proposal to Larimer County
under American Rescue Plan Act of 2021 in the amount of $2,000,000 for the Fish
Hatchery Workforce Housing Development; and
WHEREAS, the Fish Hatchery Workforce Housing Development, as currently
envisioned, will create up to approximately 190 new workforce housing units on property
owned by the Town of Estes Park and located within the Estes Valley; and
WHEREAS, Larimer County desires to grant the award for assistance in
construction and other related project costs for the Fish Hatchery Workforce Housing
Development.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board approves, and authorizes the Mayor to sign, the grant agreement for a
American Rescue Plan Collaborative Projects Grant Sub Award for the Fish Hatchery
Workforce Housing Development, in substantially the form now before the Board.
DATED this day of , 2024.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
GRANT AGREEMENT
AMERICAN RESCUE PLAN COLLABORATIVE PROJECTS GRANT SUB AWARD
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THIS AGREEMENT is made and entered into this 19day ofMarch, 2024 by and between
Larimer County (“County”) as GRANTOR and the Town of Estes Park, 170 MacGregor Ave.
Estes Park, CO 80517, as GRANTEE
WHEREAS, as allowed by the American Rescue Plan Act of 2021 (Public Law 117-2; “ARPA”),
State and Local Fiscal Recovery Fund (SLRF), Larimer County seeks to make grants to small
businesses, non-profit organizations, and other eligible organizations directly impacted by, or to
provide services to, individuals directly impacted by the effects of the COVID-19 Pandemic; and
WHEREAS, Larimer County implemented a process that sought applications from all entities
eligible under the ARPA that judged the eligibility, public benefit, community health and
economic impacts, capacity to meet the terms of the ARPA; and
WHEREAS, the last housing needs assessment conducted for the Estes Valley indicated the
need for a significant increase in housing units to address housing shortages for the local
workforce; and
WHEREAS, the Board of County Commissioners recognizes the need to create more workforce
housing in order to support a stable, year-round economy in the Estes Valley; and
WHEREAS, The Town of Estes Park plans to construct a housing development in the Town of
Estes Park that will provide dedicated workforce housing units and is an initial start to
addressing the shortage of housing available for the Estes Valley local workforce; and
WHEREAS, the Town of Estes Park submitted a proposal to the County for a program that
complies with the terms of the American Rescue Plan, and which provides a public benefit and
is intended to alleviate the impacts of the COVID-19 pandemic as outlined in the United States
Treasury Department’s Final Rule dated January 6, 2022; and
WHEREAS, the Fish Hatchery Workforce Housing Development, as currently envisioned, will
create approximately 190 new workforce housing units on property owned by the Town of Estes
Park and located within in the Estes Valley; and
WHEREAS, the workforce apartments in the development will also have a rental cap set at
120% Area Median Income (AMI) but most are expected to be between 80-100% AMI, with the
potential for the development of ownership housing units with targeted AMI ranges of 80-150%
AMI; and
WHEREAS, the project has been divided into phases in order to facilitate a smooth timeline for
development of the Fish Hatchery Site and Phase One is set to begin at the beginning of 2024;
and
WHEREAS, the award is for assistance in construction and other related project costs for the
Fish Hatchery Workforce Housing Development; and
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows,
THE PARTIES AGREE:
1.The Sub Award. The County will award and release to the Town of Estes Park,
hereafter referred to as GRANTEE, a sum of up to $2,000,000.00 from its SLRF
allocation (the “Grant”) pursuant to the payment terms in Section 4.
2.Use of Funds. Grant funds in the amount of up to $2,000,000.00 will be used by
GRANTEE for the sole purpose of Phase One of the project which will include robust
community outreach, predevelopment work for the Fish Hatchery Site such as site
evaluation, site and building plans, permitting and other related work, as described in the
proposal, attached hereto as Exhibit H and Approved Budget submitted by GRANTEE,
attached hereto as Exhibit A and Exhibit B (together the “Approved Expenses”),
respectively, and by this reference incorporated herein.
3.Term. Program and expenditures must be performed from January 1, 2024 through
December 31, 2025.
4.Payment of Funds.
a.Funds will be paid to the Grantee on the following schedule, unless documented
program demand requires earlier funds distribution after the initial payment:
thnd
i.50% of total funds paid after March 19, 2024 and by April 2, 2024:
$1,000,000.00
thth
ii.50% of total funds paid July 9, 2024, and by July 16, 2024:
$1,000,000.00
b.The payment of the funds to be awarded as outlined in Section 1, shall be
disbursed in two separate payments on the above outlined schedule to
GRANTEE for Approved Expenses actually incurred and paid by GRANTEE in
accordance with this Agreement in a total cumulative amount not to exceed
$2,000,000.00 (the “Total Agreement Funds”).
c.County shall have the right to refuse approval of expenses as detailed in a
submitted quarterly report and recoup funds already transmitted to GRANTEE for
work that is not specifically set forth in the Approved Expenses. Program funds
shall not be expended prior to the Effective Date or following the earlier of the
expiration or termination of this Agreement.
d.Costs incurred shall only be as necessary and allowable to carry out the
purposes and activities of the Approved Expenses and may not exceed the
maximum set in each line item of the Approved Budget without first seeking prior
approval of County and will demonstrate that the adjusted line item will not
increase the total of the Approved Budget or must provide evidence of secured
funding for the overage amount from the total of the Approved Budget.
e.Expenses charged against the Total Agreement Funds shall only be incurred in
accordance with the American Rescue Plan and the Federal Treasury’s guidance
(including the Final Rule and Frequently Asked Questions document), Office of
Budget and Management Guidance and any other applicable law.
f.Invoices or Documentation for Spending Funds. On or before the twentieth
(20th) day of the fourth month of each fiscal quarter and in any event no later
than thirty (30) days after the earlier of the expiration or termination of this
Agreement, GRANTEE shall submit to the County a quarterly expenditure report
form, attached hereto as Exhibit C, and all invoices or other applicable
documentation, as outlined below, for the most recent quarter ended, to the
County, setting forth actual expenditures of GRANTEE in accordance with this
Agreement. Within ten (10) working days from the date it receives such invoice,
the County may determine an expense(s) as disallowed by notifying GRANTEE
of the disallowed expense(s) and reason(s) therefore. Such notice of disallowed
expense(s) will be provided in accordance with Section 27, Notice. If expenses
are approved, no notice will be given.
i. Invoices for Payroll – if the GRANTEE is submitting a reimbursement
request for payroll cost for employees of the GRANTEE, the
documentation shall include timesheets and pay statements with
personally identifiable information of the employee redacted that will
include, at minimum, dates and hours worked and total compensation
paid, including benefits if such costs are requested for reimbursement by
the GRANTEE. For paid time off, sick leave allowances, and other costs
documentation shall include at least the number of hours and the hourly
rate value of the time granted.
ii. Invoices for Materials, Equipment, or Services – If the GRANTEE is
utilizing funds for the purchase of materials or services, the
documentation shall include vendor invoices and proof of payment such
as a cleared check, bank statement, or electronic funds transfer receipt.
iii. If the funds are authorized in the proposal and Approved Budget (Exhibits
A and B) to reimburse GRANTEE for the purchase of a building or
property, appropriate documentation includes a purchase agreement,
deed, or other document reflecting the real estate purchase.
iv. If the GRANTEE is expending funds for administrative overhead and/or
indirect costs to implement this project, that item shall be itemized in a
quarterly budget report and aggregate expenditure for this item shall be
no more than 10% of the total award.
g. Any funds from the sub award not expended and submitted for approval to the
County by the GRANTEE by December 31, 2025 will revert to the County’s
ARPA Fund, to allow the County adequate time before the December 31, 2026
ARPA deadline for obligation of funds, to identify and allocate the reverted funds
towards another ARPA appropriate project.
5. GRANTEE Representations.
a. GRANTEE warrants that it has familiarized itself with the nature and extent of this
Agreement and with all local conditions and federal, state, and local laws,
ordinances, rules, and regulations that in any manner may affect GRANTEE’s
performance under this Agreement. Specific Treasury Guidance, including the
most recent version of the Frequently Asked Questions document provided by
the U.S. Treasury Department, is attached in Exhibit D.
b. GRANTEE is responsible for complying with all applicable terms and provisions
of the American Rescue Plan, as well as all other applicable state, federal, and
local laws. The relevant provisions controlling Coronavirus State and Local Fiscal
Recovery Funds are defined in the Federal Provisions document, attached
hereto as Exhibit E.
c. GRANTEE agrees to abide by all obligations the County assumed upon award of
SLFR funds from the U.S. Treasury and remains bound by even upon the County
sub-granting these same funds to outside entities. The referenced obligations are
outlined in the U.S. Treasury Coronavirus Local Fiscal Recovery Funds Award
Terms and Conditions document and Assurance of Compliance with Civil Rights
Requirements, attached hereto as Exhibit F and Exhibit G.
d. GRANTEE is obligated to satisfy the obligations set forth in its proposal, attached
as Exhibit H.
e. If this award is being made to a small business as defined in the SLRF,
GRANTEE confirms that it meets this definition under the criteria included in the
SLRF final rule:
i. Has no more than 500 employees or, if applicable, the size standard in
number of employees established by the Administrator of the Small
Business Administration for the industry in which the business concern or
organization operates; and
ii. Is a small business concern as defined in section 3 of the Small Business
Act (15 U.S.C 632).
f. If this award is being made to a non-profit as defined in the SLRF, GRANTEE
confirms the organization is a 501(c)(3) organization and 501(c)(19) organization.
The 501(c)(3) classification includes a wide range of organizations with varying
charitable or public service-oriented goals (e.g., housing, food assistance, job
training). As discussed above, these nonprofit organizations often experienced
hardship due to increased needs for services combined with decreased
donations and other sources of funding. In response to comments, Treasury has
expanded the definition of nonprofit to include 501(c)(19) organizations, which
includes veterans’ organizations, to provide recipients more flexibility and in
alignment with the definition of nonprofit adopted by the CARES Act, wherein
501(c)(3)s and 501(c)(19)s were eligible for assistance.
g. GRANTEE represents and warrants to County that it has the experience and
ability to perform its obligations under this Agreement; that it will perform said
obligations in a professional, competent and timely manner and with diligence
and skill; that it has the power to enter into and perform this Agreement and grant
the rights granted in it; and that its performance of this Agreement shall not
infringe upon or violate the rights of any third party, whether rights of copyright,
trademark, privacy, publicity, libel, slander or any other rights of any nature
whatsoever, or violate any federal, state and/or municipal laws. The County will
not determine or exercise control as to general procedures or formats necessary
for GRANTEE to meet this warranty.
h.GRANTEE represents and warrants to County that the funds are necessary to
accomplish the financial requirements of the project.
i.GRANTEE shall maintain a financial management system and financial records
and shall administer funds received pursuant to this Agreement in accordance
with all applicable federal and state requirements. GRANTEE shall adopt such
additional financial management procedures as may from time to time be
prescribed by County if required by applicable laws, regulations, or guidelines
from its federal and state government funding sources. GRANTEE shall maintain
detailed, itemized documentation and records of all income received and
expenses incurred pursuant to this Agreement.
j.Any item of expenditure by GRANTEE under the terms of this Agreement which
is found by auditors, investigators, and other authorized representatives of
County, the County’s external Auditor, the U.S. Government Accountability Office
or the Comptroller General of the United States to be improper, unallowable, in
violation of federal or state law or the terms of the Notice of Prime Award or this
Agreement, or involving any fraudulent, deceptive, or misleading representations
or activities of GRANTEE, shall become GRANTEE’s liability, to be paid by
GRANTEE from funds other than those provided by County under this
Agreement or any other agreements between County and GRANTEE. This
provision shall survive the expiration or termination of this Agreement.
k.Final payment request(s) under this Agreement must be received by County no
later than thirty (30) days from the earlier of the expiration date or termination
date of this Agreement. No payment request will be accepted by County after
this date without authorization from County. In consideration of the execution of
this Agreement by County, GRANTEE agrees that acceptance of final payment
from County will constitute an agreement by GRANTEE to release and forever
discharge County, its agents, employees, representatives, affiliates, successors
and assigns from any and all claims, demands, damages, liabilities, actions,
causes of action or suits of any nature whatsoever, which GRANTEE has at the
time of acceptance of final payment or may thereafter have, arising out of or in
any way relating to any and all injuries and damages of any kind as a result of or
in any way relating to this Agreement. GRANTEE’s obligations to County under
this Agreement shall not terminate until all closeout requirements are completed
to the satisfaction of County. Such requirements shall include, without limitation,
submitting final reports to County and providing any closeout-related information
requested by County by the deadlines specified by County. This provision shall
survive the expiration or termination of this Agreement.
6.Cooperation in Monitoring and Evaluation.
a.County Responsibilities. County shall monitor, evaluate, and provide guidance
and direction to GRANTEE regarding the conduct of Approved Services
performed under this Agreement. GRANTEE has the responsibility to determine
whether GRANTEEhas spent funds in accordance with applicable laws,
regulations, including the federal audit requirements and agreements. County
shall monitor the activities of GRANTEE and provide assistance to GRANTEE to
meet such requirements. County may require GRANTEE to take corrective action
if deficiencies are found.
b.GRANTEE Responsibilities.
i.GRANTEE shall permit County to carry out monitoring and evaluation
activities, including any performance measurement system required by
applicable law, regulation, funding sources guidelines or by the terms and
conditions of the applicable Notice of Prime Award, and GRANTEE
agrees to ensure, to the greatest extent possible, the cooperation of its
agents, employees and board members in such monitoring and
evaluation efforts. This provision shall survive the expiration or
termination of this Agreement.
ii.GRANTEE shall maintain records and submit to the County related to the
following:
1.Itemized invoices paid to contractors or for goods or services that
are paid for with County funds or which otherwise are necessary
to confirm compliance with federal, state, or local requirements.
c.GRANTEE shall cooperate fully with any reviews or audits of the activities under
this Agreement by authorized representatives of County, the U.S. Government
Accountability Office, or the Comptroller General of the United States and
GRANTEE agrees to ensure to the extent possible the cooperation of its agents,
employees and board members in any such reviews and audits. This provision
shall survive the expiration or termination of this Agreement.
d.Grantee shall be responsible for ensuring compliance with all federal guidance
and law related to the use of these funds, as well as other applicable law.
7.Reports/Accountability/Public Information. GRANTEE must allow the County, its
auditors, and other persons authorized by the County to inspect and copy its books and
records for the purpose of verifying that monies provided to GRANTEE pursuant to this
Agreement were used in compliance with this Agreement and all applicable provisions of
federal, state, and local laws. GRANTEE will retain such records for seven (7) years
after receipt of final payment under this Agreement unless permission to destroy them is
granted by the County. GRANTEE shall not issue any statements, releases or
information for public dissemination without prior approval of the County.
a.In any fiscal year in which GRANTEE expends $750,000 or more in federal
awards during such fiscal year, including awards received as a subrecipient,
GRANTEE must comply with the federal audit requirements contained in the
Uniform Guidance, \[45 CFR Part 75\], including the preparation of an audit by an
independent Certified Public Accountant in accordance with the Single Audit Act
Amendments of 1996, 31 U.S.C. 7501-7507, and with Generally Accepted
Accounting Principles. If GRANTEE expends less than $750,000 in federal
awards in any fiscal year, it is exempt from federal audit requirements, but its
records must be available for review by County and appropriate officials.
GRANTEE shall provide County with a copy of GRANTEE’s most recent audited
financial statements, federal Single Audit report, if applicable (including financial
statements, schedule of expenditures of federal awards, schedule of findings and
questioned costs, summary of prior audit findings, and corrective action plan, if
applicable), and management letter within thirty (30) days after execution of this
Agreement and thereafter within nine (9) months following the end of
GRANTEE’s most recently ended fiscal year.
8.Permits and Compliance with Laws. GRANTEE will obtain, in a timely manner, all
required permits, licenses and approvals, and will meet all requirements of all local, state
and federal laws, rules and regulations which must be obtained or met in connection with
construction of the Project. It is the responsibility of the GRANTEE to be familiar with all
applicable laws, restrictions, and obligations pursuant to this agreement.
9.Independent Contractor Status. The parties agree that GRANTEE, its agents,
employees, contractors, or subcontractors, are independent contractors for purposes of
this Agreement and are not to be considered employees or agents of the County for any
purpose. GRANTEE and its agents, employees, contractors, or subcontractors, are not
subject to the terms and provisions of the County’s personnel policies and may not be
considered a County employee for workers’ compensation or any other purpose.
GRANTEE, its agents, employees, contractors, or subcontractors, are not authorized to
represent the County or otherwise bind the County in any way.
10.Default and Termination. If GRANTEE fails to comply with any condition of this
Agreement at the time or in the manner provided for, the County may terminate this.
Agreement if the default is not cured within fifteen (15) working days after written notice
is provided to GRANTEE. The notice will set forth the items to be cured. If this
Agreement is terminated pursuant to this Section, GRANTEE will repay to the County
any Grant funds already delivered to GRANTEE for the project. The County may
terminate this agreement at any time for convenience upon 30 days written notice and
may refuse reimbursement for work or services performed outside the scope and terms
of the American Rescue Plan or the terms of this Agreement.
11.Limitation on GRANTEE’s Damages; Time for Asserting Claim.
a.In the event of a claim for damages by GRANTEE under this Agreement,
GRANTEE’s damages shall be limited to contract damages and GRANTEE
hereby expressly waives any right to claim or recover consequential, special,
punitive, lost business opportunity, lost productivity, field office overhead, general
conditions costs, or lost profits damages of any nature or kind.
b.In the event GRANTEE wants to assert a claim for damages of any kind or
nature, GRANTEE must first provide County with written notice of its claim, the
facts and circumstances surrounding and giving rise to the claim, and the total
amount of damages sought by the claim, within ninety (90) days of the facts and
circumstances giving rise to the claim. In the event GRANTEEfails to provide
such notice, GRANTEE shall waive all rights to assert such claim.
12. Representatives.
a. County’s Representative. The County’s Representative for the purpose of this
Agreement shall be the Budget Director, or such other individual as County
designates in writing. Whenever approval or authorization from or communication
or submission to County is required by this Agreement, such communication or
submission shall be directed to the County’s Representative and approvals or
authorizations shall be issued only by such Representative; provided, however,
that in exigent circumstances when County’s Representative is not available,
GRANTEE may direct its communication or submission to other designated
County personnel or agents and may receive approvals or authorization from
such persons.
b. GRANTEE’s Representative. GRANTEE’s Representative for the purpose of
this Agreement shall be Carlie Speedlin Bangs (The Town of Estes Park Housing
& Childcare Manager) or such other individual as GRANTEE shall designate in
writing. Whenever direction to or communication with GRANTEE is required by
this Agreement, such direction or communication shall be provided to
GRANTEE’s Representative; provided, however, that in exigent circumstances
when GRANTEE’s Representative is not available, County may provide its
direction or communication to other designated GRANTEE personnel or agents.
a) Indemnity/Waiver of Claims/Insurance. In the event of an action filed against
County resulting from the County’s performance under this Agreement, the
County may elect to represent itself and incur all costs and expenses of suit.
b) GRANTEE also waives any and all claims and recourse against the County or its
officers, agents or employees, including the right of contribution for loss or
damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement.
c) These obligations shall survive termination of this Agreement.
d) In addition to and independent from the above, GRANTEE shall at GRANTEE’s
expense secure insurance coverage through an insurance company or
companies duly licensed and authorized to conduct insurance business in
Colorado which insures the liabilities and obligations specifically assumed by
GRANTEE in this Section. The insurance coverage shall not contain any
exclusion for liabilities specifically assumed by GRANTEE in this Section unless
and to the extent coverage for such liability is not reasonably available.
e) The insurance shall cover and apply to all claims, demands, suits, damages,
losses, and expenses that may be asserted or claimed against, recovered from,
or suffered by the County without limit and without regard to the cause therefore
and which is acceptable to the County and GRANTEE shall furnish to the County
an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
Workers’ Compensation – statutory
Employers’ Liability $1,000,000 each accident
$500,000 Disease-Policy Limit
$100,000 Disease-Each Employee
Commercial General Liability - $1,000,000 per occurrence; $2,000,000
annual aggregate
f)Larimer County, its officers, agents, and employees, shall be endorsed as an
additional or named insured on a primary non-contributory basis on the
Commercial General Liability policy. The insurance and required endorsements
must be in a form suitable to County and shall include no less than a thirty (30)
day notice of cancellation or non-renewal. The County must approve all
insurance coverage and endorsements prior to delivery of Grant funds to
GRANTEE. GRANTEE shall notify County within two (2) business days of
GRANTEE’s receipt of notice that any required insurance coverage will be
terminated or GRANTEE’s decision to terminate any required insurance
coverage for any reason.
13.Nondiscrimination and Equal Pay. GRANTEE agrees that all hiring by GRANTEE of
persons performing this Grant Agreement shall be on the basis of merit and
qualifications. GRANTEE will have a policy to provide equal employment opportunity in
accordance with all applicable state and federal anti-discrimination laws, regulations,
and contracts. GRANTEE will not refuse employment to a person, bar a person from
employment, or discriminate against a person in compensation or in a term, condition, or
privilege of employment because of race, color, religion, creed, political ideas, sex, age,
marital status, national origin, actual or perceived sexual orientation, gender identity,
physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction.
GRANTEE represents it is, and for the term of this Agreement will be, in compliance with
the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Colorado
Equal Pay Act). GRANTEE must report to the County any violations of the Colorado Equal
Pay Act that Grantee has been found guilty of within 60 days of such finding for violations
occurring during the term of this Agreement.
GRANTEE shall require these nondiscrimination terms of its subcontractors providing
services under this Grant Agreement.
14.Public Meetings and Access to Public Records.
a.Meetings and documents of GRANTEE that pertain to the receipt or expenditure of
Grant funds from the County, shall comply with the open meeting requirements of
Colorado law and the Colorado Open Records Act.
15.Integration and Modification.This document, including all documents incorporated by
reference, contains the entire agreement between the parties and no statements,
promises or inducements made by either party or agents of either party not contained in
this written Agreement may be considered valid or binding. This Agreement may not be
modified except by written agreement signed by both parties.
16.No Assignment. GRANTEE may not subcontract or assign GRANTEE’s rights,
including the right to Grant payments, or any other rights or duties arising hereunder,
without the prior written consent of County.
17.No Third-Party Beneficiary. The terms and provisions of this Agreement are intended
solely for the benefit of each party and their respective successors and assignees. It is
not the parties’ intent to confer third party beneficiary rights upon any other person or
entity.
18.Choice of Law. This Agreement shall be governed and construed in accordance with
the laws of the State of Colorado without regard to conflict of law provisions.
19.Non-Waiver. A waiver by either party of any default or breach by the other party of any
terms or conditions of this Agreement does not limit the other party’s right to enforce
such term or conditions or to pursue any available legal or equitable rights in the event of
any subsequent default or breach.
20.Severability. If any portion of this Agreement is held to be void or unenforceable, the
balance of the Agreement shall continue in effect.
21.Counterparts. This Agreement may be executed in counterparts, which together
constitute one instrument.
22.Fund Availability: Financial obligations of the County and of the GRANTEE payable
after the current fiscal year are contingent upon funds for that purpose being
appropriated, budgeted, and otherwise made available by the U.S. Treasury. If funds
are not appropriated, budgeted, or made available, this Contract shall immediately
terminate without further obligation on the part of the County or the GRANTEE.
GRANTEE acknowledges that all funding obligations herein are contingent on County’s
receipt of sufficient federal funding.
23.Governmental Immunity: No term or condition of this Contract shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits,
protections, notice requirements or other provisions, of the Colorado Governmental
Immunity Act, C.R.S. 24-10-101 et seq. as applicable now or hereafter amended. There
is no intent to waive or restrict governmental immunity.
24.Prohibition of Pledging Credit and No Aid to Corporations: Pursuant to Colorado
Constitution Article XI, Sections 1 and 2 and Article X, section 20, the County and the
GRANTEE shall not indemnify or hold harmless the other or any party related or
operating under this Contract. No provision in the Contract shall limit or set the amount
of damages available to the County to any amount other than the actual direct and
indirect damages to the County, regardless of the theory or basis for such damages. Any
provision included or incorporated herein by reference which purports to negate this
provision in whole or in part shall not be valid or enforceable or available in any action at
law or equity, whether by way of complaint, defense, or otherwise. Any provision
rendered null and void by this provision shall not invalidate the remainder of the
Contract.
25. Notice: All notices shall be in writing and shall be deemed to have been sufficiently
given or served when presented personally, by email, or by mail to designated contact
set forth below. Such addresses may be changed by notice to the other party given the
same manner.
i. If to County:
Joshua Fudge, Performance, Budget and Strategy Director
Larimer County
200 W. Oak Street
Fort Collins, CO 80521
fudgejm@co.larimer.co.us
ii. If to GRANTEE:
Carlie Speedlin Bangs, Housing & Childcare Manager
Town of Estes Park
170 MacGregor Ave
Estes Park, CO 80517
cbangs@estes.org
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year
indicated below.
_______________________ Date: __________
Larimer County Chair
TOWN OF ESTES PARK
GRANTEE
Date: __________
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Approved as to form:
_______________________ Date: __________
County Attorney
Larimer County
Exhibit A
Project Proposal
Town of Estes Park Proposal- ARPA Funding:
Phase One of the Fish Hatchery Workforce Housing Project
Project Summary
-
.
Current Status
- -
-
65-70
What local/regional problem or opportunity would ARPA funds help address?
5-
-
-
.
0
ARPA Funding Request
-
Timeframe
-
Estes Park Housing Authority
363 E. Elkhorn Ave Suite 101
PO Box 1200
Estes Park, CO 80517
November 7, 2023
Town of Estes Park
PO Box 1200
Estes Park, CO 80517
Subject: Proposal/Status of ARPA Funding - Phase One of the Fish Hatchery Workforce Housing Project
Dear Town of Estes Park and Larimer County,
I am writing to formally present the proposal for the utilization of American Rescue Plan Act (ARPA)
funds for Phase One of the Fish Hatchery Workforce Housing Project, in partnership with the Town of Estes Park.
This project is of paramount importance to the community, addressing the pressing issue of affordable housing, and
we believe that ARPA funds are instrumental in ensuring the success and affordability of this development.
Project Summary:
The Fish Hatchery Workforce Housing Project aims to construct up to 190 rental units on Town-owned
property spanning approximately 22 acres in collaboration with the Estes Park Housing Authority (EPHA). The
primary goal is to provide housing opportunities for the local workforce, with rental rates ranging from 30-150% of
the area median income.
Current Status:
After encountering challenges related to financial markets, dramatic increases in construction costs, and
market demand, the Town of Estes Park, in partnership with EPHA, decided not to proceed with the initially
selected developer for the Fish Hatchery site. Subsequently, the Town anticipates entering into an agreement with
EPHA to facilitate the development of this crucial workforce housing project. Our collective efforts from 2021-
2023 have laid the foundation for this new direction. EPHA intends to pursue Low-Income Housing Tax Credits
(LIHTC) to develop a portion of the site in collaboration with our development partners. The total project cost is
expected to be approximately $65-70 million.
Phase One of the project includes a comprehensive community outreach program, necessary
predevelopment work, and the generation of substantial reports, including traffic studies, environmental
assessments, market needs evaluations, wildlife assessments, geotechnical subsoil studies, and cultural resource
inventory, if required.
The local/regional problem or opportunity ARPA funds would address:
The withdrawal from the initial developer agreement and the subsequent engagement of EPHA to lead the
workforce housing development underlines the significance of ARPA funding. The 2023 Housing Needs
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Assessment and Strategic Plan have identified the pressing need for additional dwellings in the Estes Valley to meet
both existing and anticipated future demand. The Housing Strategic Plan has set a 5-year target of developing
between 300 and 400 dwellings. ARPA funds will play a pivotal role in addressing these challenges by helping us
bridge the housing gap in our community.
Town of Estes Park Contributions:
The Town's contributions to this project are substantial, including the utilization of Town-owned property
valued at around $2.5 million in 2021. Additionally, the Town is willing to leverage 6E Lodging Tax revenues to
help finance the project, and we anticipate waiving eligible development review fees while allowing tap fees to be
amortized over a 10-year period, estimated at around $4 million. Preliminary estimates for funding Phase One
equate to $2,025,000.
ARPA Funding Request:
We kindly request $2 million in ARPA funds remain committed to the Town of Estes Park and the Fish
Hatchery Neighborhood to finance Phase One of the workforce housing project, covering robust community
outreach, predevelopment work, and substantial predevelopment reporting. Any additional funding required for
Phase One will most likely be sourced from 6E Tax dollars and/or grants. The importance of ARPA funds to
catalyzing the Fish Hatchery Neighborhood development cannot be understated. Nor can the prospective nature of
our stage of development.
Stepping back and reimagining this development to ensure the housing diversity and affordability needs of
the Estes Valley are met as completely as possible is necessary and appropriate despite stretching out the time to
develop. If ARPA funds were to be withdrawn at this critical stage, the path to completing this critical
infrastructure project for the benefit of the Estes Valley would become clouded in uncertainty. EPHA in
coordination with the Town of Estes Park puts forward the estimated Phase One predevelopment cost as our best
estimate at this early stage of development conceptualization. While these figures represent our best estimate and
are likely to change, we fully expect and are committed to pushing this development forward as quickly and
efficiently as possible if ARPA funds remain committed to the project.
Timeframe:
EPHA anticipates pursuing Low-Income Housing Tax Credits (LIHTC) in conjunction with our
development partners. The timing and the ability to commence construction of this project will depend on the
funding process, but we hope to begin construction in 2025 after a two-year Phase One period.
In conclusion, ARPA funds are crucial to the successful realization of the Fish Hatchery Workforce
Housing Project. By providing these funds, the Town of Estes Park can continue to address the affordable housing
crisis and contribute to the well-being and prosperity of our community. We appreciate your consideration of this
proposal and look forward to working together to make this vision a reality.
Thank you for your continued commitment to the betterment of Estes Park and its residents.
Sincerely,
Scott Moulton
Executive Director
Estes Park Housing Authority
smoulton@Estes.org
970.591.2537
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Exhibit B
Project Budget
Conceptual Project Cost Estimate
Phase One: two year conceptual and predevelopment project phasing
Cost Estimate
Project Management$200,000.00
Townhome + Site Design (Plans + Elevations)$500,000.00
Civil
Survey + Platting
Boundary Survey$18,000.00 complete
Preliminary Plat$15,000.00
Final Plat$75,000.00
Access Legal Description and Exhibit-
Subtotal$108,000.00
Civil Engineering - Development Plan
Grading + Utility Plans$200,000.00
Preliminary Drainage Plan + Report$10,000.00
Erosion Control Plan$5,000.00
Meetings/Hearings$25,000.00
Subtotal$240,000.00
Civil Engineering - Construction Drawings
Site Plans
Final Drainage Report
Street + Utility Plan + Profile
Subtotal$400,000.00
Civil Engineering - Construction Administration
Construction phase support
Final Townhome Map/Set Pins
Subtotal$40,000.00
Landscape Plan$50,000.00
Additional Reports
Traffic Study$10,000.00
Soils/Geotechnical Subsoils Report$18,500.00 complete
Market Needs Assessment$28,000.00
Level One Environmental Site Assessment$6,500.00 complete
Wildlife Study$5,000.00
Cultural Resource Inventory
Public Outreach$35,000.00
Subtotal$103,000.00
Legal$200,000.00
Total$1,841,000.00
10% Contingency$184,100.00
Phase One Total$2,025,100.00
Exhibit
Federal Provisions
1.A PPLICABILITY OF P ROVISIONS.
1.1. The Grant to which these Federal Provisions are attached has been funded, in whole or
in part, with an Award of Federal funds. In the event of a conflict between the provisions
of these Federal Provisions, the Special Provisions, the body of the Grant, or any
attachments or exhibits incorporated into and made a part of the Grant, the provisions of
these Federal Provisions shall control.
1.2. The State of Colorado is accountable to Treasury for oversight of their subrecipients,
including ensuring their subrecipients comply with the SLFRF statute, SLFRF Award
Terms and Conditions, TreasuryÓs Interim Final Rule, and reporting requirements, as
applicable.
nd
1.3. Additionally, any subrecipient that issues a subaward to another entity (2 tier
nd
subrecipient), must hold the 2 tier subrecipient accountable to these provisions and
adhere to reporting requirements.
1.4. These Federal Provisions are subject to the Award as defined in §2 of these Federal
Provisions, as may be revised pursuant to ongoing guidance from the relevant Federal or
State of Colorado agency or institutions of higher education.
2.D EFINITIONS.
2.1. For the purposes of these Federal Provisions, the following terms shall have the
meanings ascribed to them below.
2.1.1. ÐAwardÑ means an award of Federal financial assistance, and the Grant setting forth
the terms and conditions of that financial assistance, that a non-Federal Entity
receives or administers.
2.1.2. ÐData Universal Numbering System (DUNS) NumberÑ means the nine-digit
number established and assigned by Dun and Bradstreet, Inc. to uniquely identify
a business entity. Dun and BradstreetÓs website may be found at:
http://fedgov.dnb.com/webform.
2.1.3. ÐEntityÑ means:
2.1.3.1. a Non-Federal Entity.
2.1.3.2. a foreign public entity.
2.1.3.3. a foreign organization.
2.1.3.4. a non-profit organization.
2.1.3.5. a domestic for-profit organization (for 2 CFR parts 25 and 170 only);
2.1.3.6. a foreign non-profit organization (only for 2 CFR part 170) only);
2.1.3.7. a Federal agency, but only as a Subrecipient under an Award or Subaward
to a non-Federal entity (or 2 CFR 200.1); or
2.1.3.8. a foreign for-profit organization (for 2 CFR part 170 only).
2.1.4. ÐExecutiveÑ means an officer, managing partner or any other employee in a
management position.
2.1.5. ÐExpenditure Category (EC)Ñ means the category of eligible uses as defined by the
US Department of Treasury in ÐAppendix 1 of the Compliance and Reporting
Guidance, State and Local Fiscal Recovery FundsÑ report available at
www.treasury.gov.
2.1.6. ÐFederal Awarding AgencyÑ means a Federal agency providing a Federal Award
to a Recipient as described in 2 CFR 200.1
2.1.7. ÐGrantÑ means the Grant to which these Federal Provisions are attached.
2.1.8. ÐGranteeÑ means the party or parties identified as such in the Grant to which these
Federal Provisions are attached.
2.1.9. ÐNon-Federal Entity means a State, local government, Indian tribe, institution of
higher education, or nonprofit organization that carries out a Federal Award as a
Recipient or a Subrecipient.
2.1.10. ÐNonprofit OrganizationÑ means any corporation, trust, association, cooperative, or
other organization, not including IHEs, that:
2.1.10.1. Is operated primarily for scientific, educational, service, charitable, or
similar purposes in the public interest.
2.1.10.2. Is not organized primarily for profit; and
2.1.10.3. Uses net proceeds to maintain, improve, or expand the operations of the
organization.
2.1.11. ÐOMBÑ means the Executive Office of the President, Office of Management and
Budget.
2.1.12. ÐPass-through EntityÑ means a non-Federal Entity that provides a Subaward to a
Subrecipient to carry out part of a Federal program.
2.1.13. ÐPrime RecipientÑ means the Colorado State agency or institution of higher
education identified as the Grantor in the Grant to which these Federal Provisions
are attached.
2.1.14. ÐSubawardÑ means an award by a Prime Recipient to a Subrecipient funded in
whole or in part by a Federal Award. The terms and conditions of the Federal
Award flow down to the Subaward unless the terms and conditions of the Federal
Award specifically indicate otherwise in accordance with 2 CFR 200.101. The term
does not include payments to a Contractor or payments to an individual that is a
beneficiary of a Federal program.
2.1.15. ÐSubrecipientÑ or ÐSubgranteeÑ means a non-Federal Entity (or a Federal agency
under an Award or Subaward to a non-Federal Entity) receiving Federal funds
through a Prime Recipient to support the performance of the Federal project or
program for which the Federal funds were awarded. A Subrecipient is subject to
the terms and conditions of the Federal Award to the Prime Recipient, including
program compliance requirements. The term does not include an individual who is
a beneficiary of a federal program.
2.1.16. ÐSystem for Award Management (SAM)Ñ means the Federal repository into which
an Entity must enter the information required under the Transparency Act, which
may be found at http://www.sam.gov. ÐTotal CompensationÑ means the cash and
noncash dollar value earned by an Executive during the Prime RecipientÓs or
SubrecipientÓs preceding fiscal year (see 48 CFR 52.204-10, as prescribed in 48
CFR 4.1403(a)) and includes the following:
2.1.16.1. Salary and bonus;
2.1.16.2. Awards of stock, stock options, and stock appreciation rights, using the
dollar amount recognized for financial statement reporting purposes with
respect to the fiscal year in accordance with the Statement of Financial
Accounting Standards No. 123 (Revised 2005) (FAS 123R), Shared Based
Payments;
2.1.16.3. Earnings for services under non-equity incentive plans, not including group
life, health, hospitalization or medical reimbursement plans that do not
discriminate in favor of Executives and are available generally to all salaried
employees.
2.1.16.4. Change in present value of defined benefit and actuarial pension plans;
2.1.16.5. Above-market earnings on deferred compensation which is not tax-
qualified.
2.1.16.6. Other compensation, if the aggregate value of all such other compensation
(e.g., severance, termination payments, value of life insurance paid on
behalf of the employee, perquisites or property) for the Executive exceeds
$10,000.
2.1.17. Ð Transparency ActÑ means the Federal Funding Accountability and Transparency
Act of 2006 (Public Law 109-282), as amended by §6202 of Public Law 110-252.
2.1.18. ÐUniform GuidanceÑ means the Office of Management and Budget Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards. The terms and conditions of the Uniform Guidance flow down to Awards
to Subrecipients unless the Uniform Guidance or the terms and conditions of the
Federal Award specifically indicate otherwise.
3. C OMPLIANCE.
3.1. Grantee shall comply with all applicable provisions of the Transparency Act and the
regulations issued pursuant thereto, all applicable provisions of the Uniform Guidance,
and all applicable Federal Laws and regulations required by this Federal Award. Any
revisions to such provisions or regulations shall automatically become a part of these
Federal Provisions, without the necessity of either party executing any further
instrument. The State of Colorado, at its discretion, may provide written notification to
Grantee of such revisions, but such notice shall not be a condition precedent to the
effectiveness of such revisions.
4. S YSTEM FOR A WARD M ANAGEMENT (SAM) AND D ATA U NIVERSAL N UMBERING S YSTEM
(DUNS) R EQUIREMENTS.
4.1. SAM. Grantee shall maintain the currency of its information in SAM until the Grantee
submits the final financial report required under the Award or receives final payment,
whichever is later. Grantee shall review and update SAM information at least annually
after the initial registration, and more frequently if required by changes in its
information.
4.2. DUNS. Grantee shall provide its DUNS number to its Prime Recipient, and shall update
GranteeÓs information in Dun & Bradstreet, Inc. at least annually after the initial
registration, and more frequently if required by changes in GranteeÓs information.
5. T OTAL C OMPENSATION.
5.1. Grantee shall include Total Compensation in SAM for each of its five most highly
compensated Executives for the preceding fiscal year if:
5.1.1. The total Federal funding authorized to date under the Award is $30,000 or more;
and
5.1.2. In the preceding fiscal year, Grantee received:
5.1.2.1. 80% or more of its annual gross revenues from Federal procurement
Agreements and Subcontractors and/or Federal financial assistance Awards
or Subawards subject to the Transparency Act; and
5.1.2.2. $30,000,000 or more in annual gross revenues from Federal procurement
Agreements and Subcontractors and/or Federal financial assistance Awards
or Subawards subject to the Transparency Act; and
5.1.2.3. 5.1.2.3 The public does not have access to information about the
compensation of such Executives through periodic reports filed under
section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
78m(a), 78o(d) or § 6104 of the Internal Revenue Code of 1986.
6. R EPORTING.
6.1. If Grantee is a Subrecipient of the Award pursuant to the Transparency Act, Grantee
shall report data elements to SAM and to the Prime Recipient as required in this Exhibit.
No direct payment shall be made to Grantee for providing any reports required under
these Federal Provisions and the cost of producing such reports shall be included in the
Grant price. The reporting requirements in this Exhibit are based on guidance from the
OMB, and as such are subject to change at any time by OMB. Any such changes shall
be automatically incorporated into this Grant and shall become part of GranteeÓs
obligations under this Grant.
7. E FFECTIVE D ATE AND D OLLAR T HRESHOLD FOR FEDERAL R EPORTING.
7.1. Reporting requirements in §8 below apply to new Awards as of October 1, 2010, if the
initial award is $30,000 or more. If the initial Award is below $30,000 but subsequent
Award modifications result in a total Award of $30,000 or more, the Award is subject
to the reporting requirements as of the date the Award exceeds $30,000. If the initial
Award is $30,000 or more, but funding is subsequently de-obligated such that the total
award amount falls below $30,000, the Award shall continue to be subject to the
reporting requirements. If the total award is below $30,000 no reporting required; if
more than $30,000 and less than $50,000 then FFATA reporting is required; and,
$50,000 and above SLFRF reporting is required.
7.2. The procurement standards in §9 below are applicable to new Awards made by Prime
Recipient as of December 26, 2015. The standards set forth in §11 below are applicable
to audits of fiscal years beginning on or after December 26, 2014.
8. S UBRECIPIENT R EPORTING R EQUIREMENTS.
8.1. Grantee shall report as set forth below.
8.1.1. Grantee shall use the SLFRF Subrecipient Quarterly Report Workbook as referenced
in Exhibit F to report to the State Agency within ten (10) days following each quarter
ended September, December, March and June. Additional information on specific
requirements are detailed in the SLFRF Subrecipient Quarterly Report Workbooks and
"Compliance and Reporting Guidance, State and Local Fiscal Recovery Funds" report
available at www.treasury.gov.
EC1: Public Health
COVID-19 Vaccination (EC 1.1) and COVID-19 Testing (EC 1.2)
a. Description of metrics for disadvantaged communities served.
Prevention in Congregate Settings (Nursing Homes, Prisons/Jails, Dense Work
Sites, Schools, etc.) (EC 1.4), Mental Health Services (EC 1.10) and Substance Use
Substances (1.11)
a. Measurement of the metric.
Payroll for Public Health and Safety Employees (EC 1.9)
a. Number of governmental FTEs responding to COVID-19 supported under
this authority
Public Health Project-Specific Reporting Requirements (EC1)
a. Unique requirement(s), if applicable
EC2: Negative Economic Impacts
Household Assistance (EC 2.1-2.5)
a. Description of metrics for disadvantaged communities served.
b. Measurement of the metric.
c. Number of households served (by program if recipient establishes
multiple separate household assistance programs).
Household Assistance (EC 2.2 & 2.5)
a. Number of people or households receiving eviction prevention services
(including legal representation)
b. Number of affordable housing units preserved or developed.
Unemployment Benefits or Cash Assistance to Unemployed Workers (EC 2.6)
a. Measurement of the metric.
Job Training Assistance (e.g., Sectoral job-training, Subsidized Employment,
Employment Supports or Incentives) (EC 2.7)
a. Description of the metrics for disadvantaged communities served.
b. Measurement of the metric.
Small Business Economic Assistance (EC 2.9)
a. Description of the metrics for disadvantaged communities served.
b. Measurement of the metric.
c. Number of small businesses served (by program if recipient establishes
multiple separate small businesses assistance programs)
Aid to Nonprofit Organizations (EC 2.10)
a. Measurement of the metric.
Other Economic Support (EC 2.13)
a. Description of the metrics for disadvantaged communities served.
b. Measurement of the metric.
Rehiring Public Sector Staff (EC 2.14)
a. Number of FTEs rehired by governments under this authority
Negative Economic Impacts Project-Specific Reporting Requirements (EC2)
a. Number of workers enrolled in sectoral job training programs
b. Number of workers completing sectoral job training programs
c. Number of people participating in summer youth employment programs
d. Unique requirement(s), if applicable
EC3: Services to Disproportionately Impacted Communities
Education Assistance: Early Learning (EC 3.1), Education Assistance: Aid to
High-Poverty Districts (EC 3.2) Education Assistance: Academic Services (EC
3.3), Education Assistance: Social, Emotional, and Mental Health Services (EC
3.4), and Education Assistance: Other (EC 3.5)
a. Description of metrics for disadvantaged communities served.
b. Measurement of the metric.
c. National Center for Education Statistics (ÐNCESÑ) School ID or NCES
District ID
d. Number of students participating in evidence-based tutoring programs
Housing Childhood Environments (EC 3.6-3.9)
a. Number of children served by childcare and early learning
(preschool/pre-K/ages 3-5)
b. Number of families served by home visiting.
Healthy Childhood Environments: Child Care (EC 3.6), Healthy Childhood
Environments: Home Visiting (EC 3.7), Healthy Childhood Environments:
Services to Foster Youth or Families Involved in Child Welfare System (EC 3.8),
Healthy Childhood Environments: Other (EC 3.9), Housing Support: Affordable
Housing (EC 3.10), Housing Support: Services for Unhoused Persons (EC 3.11),
Housing Support: Other Housing Assistance (EC 3.12), Social Determinants of
Health: Other (EC 3.13), Social Determinants of Health: Community Health
Workers or Benefits Navigators (EC 3.14), Social Determinants of Health:
Community Violence Interventions (EC 3.16)
a. Description of the metrics for disadvantaged communities served.
b. Measurement of the metric.
Housing Support (EC 3-10-3.12)
c. Number of people or households receiving eviction prevention services
(including legal representation)
d. Number of affordable housing units preserved or developed.
Social Determinants of Health: Lead Remediation (EC 3.15)
a. Description of metrics for disadvantaged communities served.
b. Measurement of the metric.
Services to Disproportionately Impacted Communities Project-Specific Reporting
Requirements (EC3)
a. Unique requirement(s), if applicable
EC4: Premium Pay
Premium Pay (both Public Sector EC 4.1 and Private Sector EC 4.2)
a. Number of workers served
Premium Pay Project-Specific Reporting Requirements (EC3)
a. Unique requirement(s), if applicable
EC5: Infrastructure
All infrastructure projects (EC 5)
a. Projected/Actual construction start date (month/year)
b. Projected/Actual initiation of operations date (month/year)
c. Location (for broadband, geospatial location data)
d. Description of how the project contributes to addressing climate change
Water and sewer projects (EC 5.1-5.15)
a. National Pollutant Discharge Elimination System (NPDES) Permit Number
(if applicable; for projects aligned with the Clean Water State Revolving
Fund)
b. Public Water System (PWS) ID number (if applicable; for projects aligned
with the Drinking Water State Revolving Fund)
Broadband projects (EC 5.16-5.17)
a. Confirm that the project is designed to, upon completion, reliably meet or
exceed symmetrical 100Mbps download and upload speeds
a. If the project is not designed to reliability meet or exceed
symmetrical 100Mbps speeds, explain why not and:
b. Confirm project design to meet or exceed 100 Mbps download and
between 20 and 100 Mbps upload speed and be scalable to a
minimum of 100 Mbps upload and download speed.
b. Additional programmatic data requirements will be issued by US Treasury
in July 2022 for broadband projects, and agencies may be required to report
on additional metrics, including, but not limited to:
a. Number of households (broken out by households on Tribal lands
and those not on Tribal lands) that have gained increased access to
broadband meeting the minimum speed standards in areas that
previously lacked access to service of at least 25 Mbps download
and 3 Mbps upload, with the number of households with access to
minimum speed standard of reliable 100 Mbps symmetrical upload
and download and number of households with access to minimum
speed standard of reliable 100 Mbps download and 20 Mbps upload
b. Number of institutions and businesses (broken out by institutions on
Tribal lands and those not on Tribal lands) that have projected
increased access to broadband meeting the minimum speed
standards in areas that previously lacked access to service of at least
25 Mbps download and 3 Mbps upload, in each of the following
categories: business, small business, elementary school, secondary
school, higher education institution, library, healthcare facility, and
public safety organization, with the number of each type of
institution with access to the minimum speed standard of reliable
100 Mbps symmetrical upload and download; and number of each
type of institution with access to the minimum speed standard of
reliable 100 Mbps download and 20 Mbps upload
c. Narrative identifying speeds/pricing tiers to be offered, including
the speed/pricing of its affordability offering, technology to be
deployed, miles of fiber, cost per mile, cost per passing, number of
households (broken out by households on Tribal lands and those not
on Tribal lands) projected to have increased access to broadband
meeting the minimum speed standards in areas that previously
lacked access to service of at least 25 Mbps download and 3 Mbps
upload, number of households with access to minimum speed
standard of reliable 100 Mbps symmetrical upload and download,
number of households with access to minimum speed standard of
reliable 100 Mbps download and 20 Mbps upload, and number of
institutions and businesses (broken out by institutions on Tribal
lands and those not on Tribal lands) projected to have increased
access to broadband meeting the minimum speed standards in areas
that previously lacked access to service of at least 25 Mbps
download and 3 Mbps upload, in each of the following categories:
business, small business, elementary school, secondary school,
higher education institution, library, healthcare facility, and public
safety organization. Specify the number of each type of institution
with access to the minimum speed standard of reliable 100 Mbps
symmetrical upload and download; and the number of each type of
institution with access to the minimum speed standard of reliable
100 Mbps download and 20 Mbps upload.
Infrastructure Project-Specific Reporting Requirements (EC5)
a. Unique requirement(s), if applicable
8.1.2. A Subrecipient shall report the following data elements to Prime Recipient no later
than five days after the end of the month following the month in which the
Subaward was made.
8.1.2.1. Subrecipient DUNS Number.
8.1.2.2. Subrecipient DUNS Number if more than one electronic funds transfer
(EFT) account.
8.1.2.3. Subrecipient parentÓs organization DUNS Number.
8.1.2.4. SubrecipientÓs address, including Street Address, City, State, Country, Zip
+ 4, and Congressional District.
8.1.2.5. SubrecipientÓs top 5 most highly compensated Executives if the criteria in
§4 above are met; and
8.1.2.6. SubrecipientÓs Total Compensation of top 5 most highly compensated
Executives if the criteria in §4 above met.
8.1.3. To Prime Recipient. A Subrecipient shall report to its Prime Recipient, the
following data elements:
8.1.3.1. SubrecipientÓs DUNS Number as registered in SAM.
8.1.3.2. Primary Place of Performance Information, including Street Address, City,
State, Country, Zip code + 4, and Congressional District.
8.1.3.3. Narrative identifying methodology for serving disadvantaged communities.
See the "Project Demographic Distribution" section in the "Compliance and
Reporting Guidance, State and Local Fiscal Recovery Funds" report
available at www.treasury.gov. This requirement is only applicable to EC
1.1, 1.2, 2.1, 2.2, 2.3, 2.4, 2.5, 2.7, 2.9, 2.13, 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7,
3.8, 3.9, 3.10, 3.11, 3.12, 3.13, 3.14, 3.15, and 3.16.
8.1.3.4. Narrative identifying funds allocated towards evidenced-based
interventions and the evidence base. See the ÐUse of EvidenceÑ section in
the ÐCompliance and Reporting Guidance, State and Local Fiscal Recovery
FundsÑ report available at www.treasury.gov. This requirement is only
applicable to EC 1.4, 1.10, 1.11, 2.1, 2.2, 2.3, 2.4, 2.5, 2.6, 2.7, 2.9, 2.10,
2.13, 3.1, 3.3, 3.4, 3.5, 3.6, 3.7, 3.8, 3.9, 3.10, 3.11, 3.12, 3.13, 3.14, and
3.16.
8.1.3.5. Narrative describing the structure and objectives of the assistance program
and in what manner the aid responds to the negative economic impacts of
COVID-19. This requirement is only applicable to EC 2.1, 2.2, 2.3, 2.4,
2.5, 2.9, 2.11, and 2.12. For aid to travel, tourism, and hospitality or other
impacted industries (EC 2.11-2.12), also provide the sector of employer,
purpose of funds, and if not travel, tourism and hospitality a description of
the pandemic impact on the industry.
8.1.3.6. Narrative identifying the sector served and designated as critical to the
health and well-being of residents by the chief executive of the jurisdiction
and the number of workers expected to be served. For groups of workers
(e.g., an operating unit, a classification of worker, etc.) or, to the extent
applicable, individual workers, for whom premium pay would increase total
pay above 150 percent of their residing State's average annual wage, or their
residing county's average annual wage, whichever is higher, on an annual
basis include justification of how the premium pay or grant is responsive to
workers performing essential work during the public health emergency.
This could include a description of the essential workers' duties, health or
financial risks faced due to COVID-19 but should not include personally
identifiable information. This requirement applies to EC 4.1, and 4.2.
8.1.3.7. For infrastructure projects (EC 5), narrative identifying the projected
construction start date (month/year), projected initiation of operations date
(month/year), and location (for broadband, geospatial location data). For
projects over $10 million:
8.1.3.8. Certification that all laborers and mechanics employed by Contractors and
Subcontractors in the performance of such project are paid wages at rates
not less than those prevailing, as determined by the U.S. Secretary of Labor
in accordance with subchapter IV of chapter 31 of title 40, United States
Code (commonly known as the "Davis-Bacon Act"), for the corresponding
classes of laborers and mechanics employed on projects of a character
similar to the Agreement work in the civil subdivision of the State (or the
District of Columbia) in which the work is to be performed, or by the
appropriate State entity pursuant to a corollary State prevailing-wage-in-
construction law (commonly known as "baby Davis-Bacon Acts"). If such
certification is not provided, a recipient must provide a project employment
and local impact report detailing (1) the number of employees of
Contractors and sub-contractors working on the project; (2) the number of
employees on the project hired directly and hired through a third party; (3)
the wages and benefits of workers on the project by classification; and (4)
whether those wages are at rates less than those prevailing. Recipients must
maintain sufficient records to substantiate this information upon request.
8.1.3.8.1. A Subrecipient may provide a certification that a project includes a
project labor agreement, meaning a pre-hire collective bargaining
agreement consistent with section 8(f) of the National Labor Relations
Act (29 U.S.C. 158(f)). If the recipient does not provide such
certification, the recipient must provide a project workforce continuity
plan, detailing: (1) how the Subrecipient will ensure the project has ready
access to a sufficient supply of appropriately skilled and unskilled labor
to ensure high-quality construction throughout the life of the project; (2)
how the Subrecipient will minimize risks of labor disputes and
disruptions that would jeopardize timeliness and cost-effectiveness of the
project; and (3) how the Subrecipient will provide a safe and healthy
workplace that avoids delays and costs associated with workplace
illnesses, injuries, and fatalities; (4) whether workers on the project will
receive wages and benefits that will secure an appropriately skilled
workforce in the context of the local or regional labor market; and (5)
whether the project has completed a project labor agreement.
8.1.3.8.2. Whether the project prioritizes local hires.
8.1.3.8.3. Whether the project has a Community Benefit Agreement, with a
description of any such agreement.
8.1.4. Subrecipient also agrees to comply with any reporting requirements established by the
US Treasury, GovernorÓs Office and Office of the State Controller. The State of
Colorado may need additional reporting requirements after this agreement is executed.
If there are additional reporting requirements, the State will provide notice of such
additional reporting requirements via Exhibit G Î SLFRF Reporting Modification Form.
9. P ROCUREMENT S TANDARDS.
9.1. Procurement Procedures. A Subrecipient shall use its own documented procurement
procedures which reflect applicable State, local, and Tribal laws and applicable
regulations, provided that the procurements conform to applicable Federal law and the
standards identified in the Uniform Guidance, including without limitation, 2 CFR
200.318 through 200.327 thereof.
9.2. Domestic preference for procurements (2 CFR 200.322). As appropriate and to the
extent consistent with law, the non-Federal entity should, to the greatest extent
practicable under a Federal award, provide a preference for the purchase, acquisition,
or use of goods, products, or materials produced in the United States (including but not
limited to iron, aluminum, steel, cement, and other manufactured products). The
requirements of this section must be included in all subawards including all
Agreements and purchase orders for work or products under this award.
9.3. Procurement of Recovered Materials. If a Subrecipient is a State Agency or an agency
of a political subdivision of the State, its Contractors must comply with section 6002
of the Solid Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act. The requirements of Section 6002 include procuring only items
designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part
247, that contain the highest percentage of recovered materials practicable, consistent
with maintaining a satisfactory level of competition, where the purchase price of the
item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal
year exceeded $10,000; procuring solid waste management services in a manner that
maximizes energy and resource recovery; and establishing an affirmative procurement
program for procurement of recovered materials identified in the EPA guidelines.
10. A CCESS TO R ECORDS.
10.1. A Subrecipient shall permit Prime Recipient and its auditors to have access to
SubrecipientÓs records and financial statements as necessary for Recipient to meet the
requirements of 2 CFR 200.332 (Requirements for pass-through entities), 2 CFR
200.300 (Statutory and national policy requirements) through 2 CFR 200.309 (Period
of performance), and Subpart F-Audit Requirements of the Uniform Guidance.
11. S INGLE A UDIT R EQUIREMENTS.
11.1. If a Subrecipient expends $750,000 or more in Federal Awards during the
SubrecipientÓs fiscal year, the Subrecipient shall procure or arrange for a single or
program-specific audit conducted for that year in accordance with the provisions of
Subpart F-Audit Requirements of the Uniform Guidance, issued pursuant to the Single
Audit Act Amendments of 1996, (31 U.S.C. 7501-7507). 2 CFR 200.501.
11.1.1. Election. A Subrecipient shall have a single audit conducted in accordance with
Uniform Guidance 2 CFR 200.514 (Scope of audit), except when it elects to have
a program-specific audit conducted in accordance with 2 CFR 200.507 (Program-
specific audits). The Subrecipient may elect to have a program-specific audit if
Subrecipient expends Federal Awards under only one Federal program (excluding
research and development) and the Federal programÓs statutes, regulations, or the
terms and conditions of the Federal award do not require a financial statement audit
of Prime Recipient. A program-specific audit may not be elected for research and
development unless all of the Federal Awards expended were received from
Recipient and Recipient approves in advance a program-specific audit.
11.1.2. Exemption. If a Subrecipient expends less than $750,000 in Federal Awards during
its fiscal year, the Subrecipient shall be exempt from Federal audit requirements for
that year, except as noted in 2 CFR 200.503 (Relation to other audit requirements),
but records shall be available for review or audit by appropriate officials of the
Federal agency, the State, and the Government Accountability Office.
11.1.3. Subrecipient Compliance Responsibility. A Subrecipient shall procure or
otherwise arrange for the audit required by Subpart F of the Uniform Guidance and
ensure it is properly performed and submitted when due in accordance with the
Uniform Guidance. Subrecipient shall prepare appropriate financial statements,
including the schedule of expenditures of Federal awards in accordance with 2 CFR
200.510 (Financial statements) and provide the auditor with access to personnel,
accounts, books, records, supporting documentation, and other information as
needed for the auditor to perform the audit required by Uniform Guidance Subpart
F-Audit Requirements.
12.
G RANT P ROVISIONS FOR S UBRECIPIENT A GREEMENTS.
12.1. In addition to other provisions required by the Federal Awarding Agency or the Prime
Recipient, Grantees that are Subrecipients shall comply with the following provisions.
Subrecipients shall include all of the following applicable provisions in all
Subcontractors entered into by it pursuant to this Grant.
12.1.1. \[Applicable to federally assisted construction Agreements.\] Equal Employment
Opportunity. Except as otherwise provided under 41 CFR Part 60, all Agreements
that meet the definition of Ðfederally assisted construction AgreementÑ in 41 CFR
Part 60-1.3 shall include the equal opportunity clause provided under 41 CFR 60-
1.4(b), in accordance with Executive Order 11246, ÐEqual Employment
OpportunityÑ (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as
amended by Executive Order 11375, ÐAmending Executive Order 11246 Relating
to Equal Employment Opportunity,Ñ and implementing regulations at 41 CFR part
60, Office of Federal Agreement Compliance Programs, Equal Employment
Opportunity, Department of Labor.
12.1.2. \[Applicable to on-site employees working on government-funded construction,
alteration and repair projects.\] Davis-Bacon Act. Davis-Bacon Act, as amended
(40 U.S.C. 3141-3148).
12.1.3. Rights to Inventions Made Under a grant or agreement. If the Federal Award meets
the definition of Ðfunding agreementÑ under 37 CFR 401.2 (a) and the Prime
Recipient or Subrecipient wishes to enter into an Agreement with a small business
firm or nonprofit organization regarding the substitution of parties, assignment or
performance of experimental, developmental, or research work under that Ðfunding
agreement,Ñ the Prime Recipient or Subrecipient must comply with the
requirements of 37 CFR Part 401, ÐRights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Agreements
and Cooperative Agreements,Ñ and any implementing regulations issued by the
Federal Awarding Agency.
12.1.4. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control
Act (33 U.S.C. 1251-1387), as amended. Agreements and subgrants of amounts in
excess of $150,000 must contain a provision that requires the non-Federal awardees
to agree to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water
Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be
reported to the Federal Awarding Agency and the Regional Office of the
Environmental Protection Agency (EPA).
12.1.5. Debarment and Suspension (Executive Orders 12549 and 12689). A Agreement
award (see 2 CFR 180.220) must not be made to parties listed on the government
wide exclusions in SAM, in accordance with the OMB guidelines at 2 CFR 180
that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and
12689 (3 CFR part 1989 Comp., p. 235), ÐDebarment and Suspension.Ñ SAM
Exclusions contains the names of parties debarred, suspended, or otherwise
excluded by agencies, as well as parties declared ineligible under statutory or
regulatory authority other than Executive Order 12549.
12.1.6. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid
for an award exceeding $100,000 must file the required certification. Each tier
certifies to the tier above that it will not and has not used Federal appropriated funds
to pay any person or organization for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, officer or employee of
Congress, or an employee of a member of Congress in connection with obtaining
any Federal Agreement, grant or any other award covered by 31 U.S.C. 1352. Each
tier must also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from
tier to tier up to the non-Federal award.
12.1.7. Never Agreement with the enemy (2 CFR 200.215). Federal awarding agencies and
recipients are subject to the regulations implementing ÐNever Agreement with the
enemyÑ in 2 CFR part 183. The regulations in 2 CFR part 183 affect covered
Agreements, grants and cooperative agreements that are expected to exceed
$50,000 within the period of performance, are performed outside the United States
and its territories, and are in support of a contingency operation in which members
of the Armed Forces are actively engaged in hostilities.
12.1.8. Prohibition on certain telecommunications and video surveillance services or
equipment (2 CFR 200.216). Grantee is prohibited from obligating or expending
loan or grant funds on certain telecommunications and video surveillance services
or equipment pursuant to 2 CFR 200.216.
12.1.9. Title VI of the Civil Rights Act. The Subgrantee, Contractor, Subcontractor,
transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964,
which prohibits recipients of federal financial assistance from excluding from a
program or activity, denying benefits of, or otherwise discriminating against a
person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as
implemented by the Department of TreasuryÓs Title VI regulations, 31 CFR Part
22, which are herein incorporated by reference and made a part of this Agreement
(or agreement). Title VI also includes protection to persons with ÐLimited English
ProficiencyÑ in any program or activity receiving federal financial assistance, 42
U.S. C. § 2000d et seq., as implemented by the Department of the TreasuryÓs Title
VI regulations, 31 CRF Part 22, and herein incorporated by reference and made part
of this Agreement or agreement.
13. C ERTIFICATIONS.
13.1. Subrecipient Certification. Subrecipient shall sign a ÐState of Colorado Agreement
with Recipient of Federal Recovery FundsÑ Certification Form in Exhibit E and submit
to State Agency with signed grant agreement.
13.2. Unless prohibited by Federal statutes or regulations, Prime Recipient may require
Subrecipient to submit certifications and representations required by Federal statutes
or regulations on an annual basis. 2 CFR 200.208. Submission may be required more
frequently if Subrecipient fails to meet a requirement of the Federal award.
Subrecipient shall certify in writing to the State at the end of the Award that the project
or activity was completed or the level of effort was expended. 2 CFR 200.201(3). If
the required level of activity or effort was not carried out, the amount of the Award
must be adjusted.
14. E XEMPTIONS.
14.1. These Federal Provisions do not apply to an individual who receives an Award as a
natural person, unrelated to any business or non-profit organization he or she may own
or operate in his or her name.
14.2. A Grantee with gross income from all sources of less than $300,000 in the previous tax
year is exempt from the requirements to report Subawards and the Total Compensation
of its most highly compensated Executives.
U.S. DEPARTMENT OF THE TREASURY
CORONAVIRUS LOCAL FISCAL RECOVERY FUND
AWARD TERMS AND CONDITIONS
Use of Funds.
a.Recipient understands and agrees that the funds disbursed under this award may only be
used in compliance with section 603(c)of the Social Security Act (the Act),TreasuryÔs
regulations implementing that section,and guidance issued by Treasury regarding the
foregoing.
b.Recipient will determine prior to engaging in any project using this assistance that it has
the institutional, managerial, and financial capability to ensure proper planning,
management, and completion of such project.
Period of Performance. The period of performance for this award begins on the date hereof and
ends on December 31, 2026. As set forth in TreasuryÔs implementing regulations, Recipient
may use award funds to cover eligible costs incurred during the period that begins on March
3, 2021,and ends on December 31, 2024.
Reporting. Recipient agrees to comply with any reporting obligations established by Treasury
as they relate to this award.
Maintenance of and Access to Records
a.Recipient shall maintain records and financial documents sufficient to evidence compliance
with section603(c) of the Act,TreasuryÔs regulations implementing that section,and
guidance issued by Treasury regarding the foregoing.
b.The Treasury Office of Inspector General and the Government Accountability Office, or
their authorized representatives, shall have the right of access to records (electronic and
otherwise) of Recipient in order to conduct audits or other investigations.
c.Records shall be maintained by Recipient for a period of five (5) years after all funds have
been expended or returned to Treasury, whichever is later.
Pre-award Costs. Pre-award costs, as defined in 2 C.F.R. § 200.458, may not be paid with
funding from this award.
Administrative Costs. Recipient may use funds provided under this award to cover both direct
and indirect costs.
Cost Sharing. Cost sharing or matching funds are not required to be provided by Recipient.
Conflicts of Interest. Recipient understands and agrees it must maintain a conflict of
interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy
is applicable to each activity funded under this award. Recipient and subrecipients must
disclose in writing to Treasury or the pass-through entity, as appropriate, any potential
conflict of interest affecting the awarded funds in accordance with 2C.F.R. § 200.112.
2
Compliance with Applicable Law and Regulations.
a.Recipient agrees to comply with the requirements of section 603 of the Act, regulations
adopted by Treasury pursuant to section603(f)of the Act, and guidance issued by Treasury
regarding the foregoing. Recipient also agrees to comply with all other applicable federal
statutes, regulations, and executive orders, and Recipient shall provide for such compliance
by other parties in any agreements it enters into with other parties relating to this award.
b.Federal regulations applicable to this award include, without limitation, the following:
i.Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards,2 C.F.R. Part 200, other than such provisions as Treasury may
determine are inapplicable to this Award and subject to such exceptions as may be
otherwise provided by Treasury. Subpart F ÏAudit Requirements of the Uniform
Guidance, implementing the Single Audit Act, shall apply to this award.
ii.Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25,
pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is
hereby incorporated by reference.
iii.Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170,
pursuant to which theawardtermset forth inAppendixAto2C.F.R. Part170 is
herebyincorporated byreference.
iv.OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or
condition in all lower tier covered transactions (contracts and subcontracts described
in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and
TreasuryÔs implementing regulation at 31 C.F.R. Part 19.
v.Recipient Integrity and Performance Matters, pursuant to which the award term set
forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by
reference.
vi.Governmentwide Requirementsfor Drug-Free Workplace, 31 C.F.R. Part 20.
vii.New Restrictions on Lobbying, 31 C.F.R. Part 21.
viii.Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C.
§§ 4601-4655) and implementing regulations.
ix.Generally applicable federalenvironmental laws and regulations.
c.Statutes and regulations prohibiting discrimination applicable to this award include,
without limitation, the following:
i.Title VI of the Civil Rights Act of 1964 (42 U.S.C. ££ 2000d et seq.) and TreasuryÔs
implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the
basis of race, color, or national origin under programs or activities receiving federal
financial assistance;
3
ii.The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601
et seq.), which prohibitsdiscrimination in housing on the basis of race, color,
religion, national origin, sex, familial status, or disability;
iii.Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which
prohibits discrimination on the basis of disability under any program or activity
receiving federal financial assistance;
iv.The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and
TreasuryÔs implementing regulations at 31 C.F.R. Part 23, which prohibit
discrimination on the basis of age in programs or activities receiving federal
financial assistance; and
v.Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§
12101 et seq.), which prohibits discrimination on the basis of disability under
programs, activities, and services provided or made available by state and local
governments or instrumentalities or agencies thereto.
Remedial Actions. In the event of RecipientÔs noncompliance with section603 of the Act, other
applicable laws, TreasuryÔs implementing regulations, guidance, or any reporting or other
program requirements, Treasury may impose additional conditions on the receipt of a
subsequent tranche of future award funds, if any, or take other available remedies as set
forth in 2 C.F.R. § 200.339. In the case of a violation of section603(c)of the Act regarding the
use of funds, previous payments shall be subject to recoupment as provided in section603(e)
of the Act.
Hatch Act. Recipient agrees to comply, as applicable, with requirements of the Hatch Act (5
U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local
government employees whose principal employment is in connection with an activity
financed in whole or in part by this federal assistance.
False Statements.Recipient understands that making false statements or claims in connection
with this award is a violation of federal law and may result in criminal, civil, or administrative
sanctions, including fines, imprisonment,civil damages and penalties, debarmentfrom
participatinginfederalawardsorcontracts,and/oranyotherremedyavailablebylaw.
Publications. Any publications produced with funds from this award must display the
following language: ÑThis project \[is being\] \[was\] supported, in whole or in part, by federal
award number \[enter project FAIN\] awarded to \[name of Recipient\] by the U.S. Department
of the Treasury.Ò
Debts Owed the Federal Government.
a.Any funds paid to Recipient (1) in excess of the amount to which Recipient is finally
determined to be authorized to retain under the terms of this award; (2) that are
determined by the Treasury Office of Inspector General to have been misused; or (3)
that are determined by Treasury to be subject to a repayment obligation pursuant to
section603(e)of the Act and have not been repaid by Recipient shall constitute a debt
to the federal government.
b.Any debts determined to be owed the federal government must be paid promptlyby
4
Recipient. A debt is delinquent if it has not been paid by the date specified in TreasuryÔs
initial written demand for payment, unless other satisfactory arrangements have been
made or if the Recipient knowingly or improperly retains funds that are a debt as
defined in paragraph 14(a). Treasury will take any actions available to it to collect such
a debt.
Disclaimer.
a.TheUnitedStatesexpresslydisclaimsanyandallresponsibilityorliabilitytoRecipient
orthirdpersonsfortheactionsofRecipientorthirdpersonsresultingindeath,bodily
injury,propertydamages,oranyotherlossesresultinginanywayfromthe
performanceofthisawardoranyotherlossesresultinginanywayfromthe
performanceofthisawardoranycontract,orsubcontractunderthisaward.
b.TheacceptanceofthisawardbyRecipientdoesnotinanywayestablishanagency
relationshipbetweentheUnitedStatesandRecipient.
Protections for Whistleblowers.
a.Inaccordancewith41U.S.C.§4712,Recipient may notdischarge,demote,orotherwise
discriminateagainstanemployeeinreprisalfordisclosingtoany of the list of persons or
entities provided below, informationthattheemployeereasonablybelievesisevidenceof
grossmismanagementofafederalcontractorgrant,agrosswasteoffederalfunds,an
abuseofauthorityrelatingtoafederalcontractorgrant,asubstantialandspecificdanger
topublichealthorsafety,oraviolationoflaw,rule,orregulationrelatedtoafederal
contract(includingthecompetitionforornegotiationofacontract)orgrant.
b.The list of persons and entities referenced in the paragraph above includes the following:
i.A memberofCongressorarepresentativeofacommitteeofCongress;
ii.AnInspectorGeneral;
iii.TheGovernmentAccountabilityOffice;
iv.ATreasuryemployeeresponsibleforcontractorgrantoversightormanagement;
v.AnauthorizedofficialoftheDepartmentofJusticeor otherlawenforcement
agency;
vi.Acourt orgrandjury;or
vii.AmanagementofficialorotheremployeeofRecipient,contractor, or
subcontractorwhohastheresponsibilitytoinvestigate,discover,oraddress
misconduct.
c.Recipient shall inform its employees in writing of the rights and remedies provided under
this section, in the predominant native language of the workforce.
Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR
19217 (Apr. 18, 1997), Recipient should encourage its contractors toadopt and enforce on-the-
job seat belt policies and programs for their employees when operating company-owned,
rented or personally owned vehicles.
Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225
(Oct. 6, 2009), Recipient should encourage its employees, subrecipients, and contractors to
adopt and enforce policies that ban text messaging while driving, and Recipient should
establish workplace safety policies to decrease accidents caused by distracted drivers.
5
OMB Approved No. 1505-0271
Expiration Date: November 30, 2021
ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS
ASSURANCES OF COMPLIANCE WITH TITLE VI OF THE
CIVIL RIGHTS ACT OF 1964
As a condition of receipt of federal financial assistance from the Department of the Treasury, the
recipient named below (hereinafter referred to as the ÐRecipientÑ) provides the assurances stated herein. The
federal financial assistance may include federal grants, loans and contracts to provide assistance to the
R ecipientÓs beneficiaries, the use or rent of Federal land or property at below market value, Federal training, a
loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal
financial assistance does not encompass contracts of guarantee or insurance, regulated programs, licenses,
procurement contracts by the Federal government at market value, or programs that provide direct benefits.
The assurances apply to all federal financial assistance from or funds made available through the
Department of the Treasury, including any assistance that the Recipient may request in the future.
The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of
the operations of the RecipientÓs program(s) and activity(ies), so long as any portion of the RecipientÓs
program(s) or activity(ies) is federally assisted in the manner prescribed above.
1. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as
amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to
discrimination under programs and activities receiving federal financial assistance, of any person in the
United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by
the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders
such as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance documents.
2. Recipient acknowledges that Executive Order 13166, ÐImproving Access to Services for Persons with
Limited English Proficiency,Ñ seeks to improve access to federally assisted programs and activities for
individuals who, because of national origin, have Limited English proficiency (LEP). Recipient
understands that denying a person access to its programs, services, and activities because of LEP is a form
of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the
Department of the TreasuryÓs implementing regulations. Accordingly, Recipient shall initiate reasonable
steps, or comply with the Department of the TreasuryÓs directives, to ensure that LEP persons have
meaningful access to its programs, services, and activities. Recipient understands and agrees that
meaningful access may entail providing language assistance services, including oral interpretation and
written translation where necessary, to ensure effective communication in the RecipientÓs programs,
services, and activities.
3. Recipient agrees to consider the need for language services for LEP persons when Recipient develops
applicable budgets and conducts programs, services, and activities. As a resource, the Department of the
Treasury has published its LEP guidance at 70 FR 6067. For more information on taking reasonable steps
to provide meaningful access for LEP persons, please visit http://www.lep.gov.
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OMB Approved No. 1505-0271
Expiration Date: November 30, 2021
4. Recipient acknowledges and agrees that compliance with the assurances constitutes a condition of continued
receipt of federal financial assistance and is binding upon Recipient and RecipientÓs succe ssors, transferees,
and assignees for the period in which such assistance is provided.
5. Recipient acknowledges and agrees that it must require any sub-grantees, contractors, subcontractors,
successors, transferees, and assignees to comply with assurances 1-4 above, and agrees to incorporate the
following language in every contract or agreement subject to Title VI and its regulations between the
Recipient and the RecipientÓs sub-grantees, contractors, subcontractors, successors, transferees, and
assignees:
The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title
VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from
excluding from a program or activity, denying benefits of, or otherwise discriminating against a person
on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the
Department of the Treasury Ós Title VI regulations, 31 CFR Part 22, which are herein incorporated by
reference and made a part of this contract (or agreement). Title VI also includes protection to persons
with ÐL imited English Proficiency Ñ in any program or activity receiving federal financial assistance, 42
U.S.C. § 2000d et seq., as implemented by the Department of the TreasuryÓs T itle VI regulations, 31
CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement.
6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid
of federal financial assistance by the Department of the Treasury, this assurance obligates the Recipient, or
in the case of a subsequent transfer, the transferee, for the period during which the real property or structure
is used for a purpose for which the federal financial assistance is extended or for another purpose involving
the provision of similar services or benefits. If any personal property is provided, this assurance obligates
the Recipient for the period during which it retains ownership or possession of the property.
7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the
Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation,
litigation, and monitoring of any settlement agreements that may result from these actions. The Recipient
shall comply with information requests, on-site compliance reviews and reporting requirements.
8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of
discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by
Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all
such reviews or proceedings based on the complaint, pending or completed, including outcome. Recipient
also must inform the Department of the Treasury if Recipient has received no complaints under Title VI.
9. Recipient must provide do cumentation of an administrative agencyÓs or courtÓs findings of non-compliance
of Title VI and efforts to address the non-compliance, including any voluntary compliance or other
2
OMB Approved No. 1505-0271
Expiration Date: November 30, 2021
agreements between the Recipient and the administrative agency that made the finding. If the Recipient
settles a case or matter alleging such discrimination, the Recipient must provide documentation of the
settlement. If Recipient has not been the subject of any court or administrative agency finding of
discrimination, please so state.
10. If the Recipient makes sub-awards to other agencies or other entities, the Recipient is responsible for
ensuring that sub-recipients also comply with Title VI and other applicable authorities covered in this
document State agencies that make sub-awards must have in place standard grant assurances and review
procedures to demonstrate that that they are effectively monitoring the civil rights compliance of sub-
recipients.
The United States of America has the right to seek judicial enforcement of the terms of this assurances
document and nothing in this document alters or limits the federal enforcement measures that the United States
may take in order to address violations of this document or applicable federal law.
Under penalty of perjury, the undersigned official(s) certifies that official(s) has read and understood the
RecipientÓs obligations as herein described, that any information submitted in conjunction with this assurance s
document is accurate and complete, and that the Recipient is in compliance with the aforementioned
nondiscrimination requirements.
Larimer County
_________________________________
Recipient Date
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Signature of Authorized Official
PAPERWORK REDUCTION ACT NOTICE
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3
Town of Estes Park Proposal- ARPA Funding:
Phase One of the Fish Hatchery Workforce Housing Project
Project Summary
-
.
Current Status
- -
-
65-70
What local/regional problem or opportunity would ARPA funds help address?
5-
-
-
.
0
ARPA Funding Request
-
Timeframe
-
Estes Park Housing Authority
363 E. Elkhorn Ave Suite 101
PO Box 1200
Estes Park, CO 80517
November 7, 2023
Town of Estes Park
PO Box 1200
Estes Park, CO 80517
Subject: Proposal/Status of ARPA Funding - Phase One of the Fish Hatchery Workforce Housing Project
Dear Town of Estes Park and Larimer County,
I am writing to formally present the proposal for the utilization of American Rescue Plan Act (ARPA)
funds for Phase One of the Fish Hatchery Workforce Housing Project, in partnership with the Town of Estes Park.
This project is of paramount importance to the community, addressing the pressing issue of affordable housing, and
we believe that ARPA funds are instrumental in ensuring the success and affordability of this development.
Project Summary:
The Fish Hatchery Workforce Housing Project aims to construct up to 190 rental units on Town-owned
property spanning approximately 22 acres in collaboration with the Estes Park Housing Authority (EPHA). The
primary goal is to provide housing opportunities for the local workforce, with rental rates ranging from 30-150% of
the area median income.
Current Status:
After encountering challenges related to financial markets, dramatic increases in construction costs, and
market demand, the Town of Estes Park, in partnership with EPHA, decided not to proceed with the initially
selected developer for the Fish Hatchery site. Subsequently, the Town anticipates entering into an agreement with
EPHA to facilitate the development of this crucial workforce housing project. Our collective efforts from 2021-
2023 have laid the foundation for this new direction. EPHA intends to pursue Low-Income Housing Tax Credits
(LIHTC) to develop a portion of the site in collaboration with our development partners. The total project cost is
expected to be approximately $65-70 million.
Phase One of the project includes a comprehensive community outreach program, necessary
predevelopment work, and the generation of substantial reports, including traffic studies, environmental
assessments, market needs evaluations, wildlife assessments, geotechnical subsoil studies, and cultural resource
inventory, if required.
The local/regional problem or opportunity ARPA funds would address:
The withdrawal from the initial developer agreement and the subsequent engagement of EPHA to lead the
workforce housing development underlines the significance of ARPA funding. The 2023 Housing Needs
Page 1 of 2
S:\\Packet Files\\Town Board Meeting Material\\Draft\\3 Action\\3 Reso 19-24\\3.doc
Assessment and Strategic Plan have identified the pressing need for additional dwellings in the Estes Valley to meet
both existing and anticipated future demand. The Housing Strategic Plan has set a 5-year target of developing
between 300 and 400 dwellings. ARPA funds will play a pivotal role in addressing these challenges by helping us
bridge the housing gap in our community.
Town of Estes Park Contributions:
The Town's contributions to this project are substantial, including the utilization of Town-owned property
valued at around $2.5 million in 2021. Additionally, the Town is willing to leverage 6E Lodging Tax revenues to
help finance the project, and we anticipate waiving eligible development review fees while allowing tap fees to be
amortized over a 10-year period, estimated at around $4 million. Preliminary estimates for funding Phase One
equate to $2,025,000.
ARPA Funding Request:
We kindly request $2 million in ARPA funds remain committed to the Town of Estes Park and the Fish
Hatchery Neighborhood to finance Phase One of the workforce housing project, covering robust community
outreach, predevelopment work, and substantial predevelopment reporting. Any additional funding required for
Phase One will most likely be sourced from 6E Tax dollars and/or grants. The importance of ARPA funds to
catalyzing the Fish Hatchery Neighborhood development cannot be understated. Nor can the prospective nature of
our stage of development.
Stepping back and reimagining this development to ensure the housing diversity and affordability needs of
the Estes Valley are met as completely as possible is necessary and appropriate despite stretching out the time to
develop. If ARPA funds were to be withdrawn at this critical stage, the path to completing this critical
infrastructure project for the benefit of the Estes Valley would become clouded in uncertainty. EPHA in
coordination with the Town of Estes Park puts forward the estimated Phase One predevelopment cost as our best
estimate at this early stage of development conceptualization. While these figures represent our best estimate and
are likely to change, we fully expect and are committed to pushing this development forward as quickly and
efficiently as possible if ARPA funds remain committed to the project.
Timeframe:
EPHA anticipates pursuing Low-Income Housing Tax Credits (LIHTC) in conjunction with our
development partners. The timing and the ability to commence construction of this project will depend on the
funding process, but we hope to begin construction in 2025 after a two-year Phase One period.
In conclusion, ARPA funds are crucial to the successful realization of the Fish Hatchery Workforce
Housing Project. By providing these funds, the Town of Estes Park can continue to address the affordable housing
crisis and contribute to the well-being and prosperity of our community. We appreciate your consideration of this
proposal and look forward to working together to make this vision a reality.
Thank you for your continued commitment to the betterment of Estes Park and its residents.
Sincerely,
Scott Moulton
Executive Director
Estes Park Housing Authority
smoulton@Estes.org
970.591.2537
Page 2 of 2
S:\\Packet Files\\Town Board Meeting Material\\Draft\\3 Action\\3 Reso 19-24\\3.doc
Carlie Bangs
Town of Estes Park
Housing & Childcare Manager
Phase One: Fish Hatchery Housing Project Approve ARPA Grant Agreement Town Board MeetingMarch 12, 2024
To consider the approval of the grant agreement with Larimer County for the American Rescue Plan Collaborative Projects Grant Sub Award.
Objective
In November 2022, the Larimer County Board of County Commissioners expressed intent to award the Town of Estes Park with ARPA funds for the Fish Hatchery Housing ProjectLarimer County
will award and release to the Town a sum up to $2,000,000 for the development of workforce housing
Present Situation
The Town of Estes Park will transfer funds to the Estes Park Housing Authority (EPHA) to begin Phase One of the Fish Hatchery Housing Development
Proposal
Traffic StudiesEnvironmental AssessmentsMarket Needs EvaluationsWildlife AssessmentsGeotechnical Subsoil StudiesCultural Resource Inventory, if necessary
Comprehensive Community OutreachPredevelopment WorkPredevelopment Assessments and Reports
Phase One
ages in our community.
all
We value recreation and access to nature.We value access to multimodal and public transportation.We value the diverse lifestyles of our local workforce.We value accommodating the needs
of We value environmental sustainability and energy efficiency.
Project Values
Proposal Town staff proposes that the Town Board approve the grant agreement with Larimer County to receive ARPA funds
Finance Impact$2,000,000 grant for Phase One of the Fish Hatchery Housing Project.
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 onACTION ITEM 4.
DENOUNCING RESTRICTIVE COVENANTS BASED ON RACE OR
RELIGION.
At this hearing, the Board of Trustees shall consider the information
presentedduring the public hearing,fromthe Town staff, publiccomment,
and written comments received onthe budget.
Has any Trustee had any ex-parte communicationsconcerningthis item
which are not part of the Board packet.
Any member of the Board may askquestions at any stage of the public
hearing which may be responded to at that time.
Mayor declares thePublic Hearing open.
2.STAFF REPORT.
Review the staff report.
3.PUBLIC COMMENT.
Any personwill be given an opportunity to address the Board concerningthe
item.All individuals must state their name and addressfor the record.
Comments from the public are requested to be limited to three minutes per
person.
4.MAYOR.
Askthe Town Clerkwhetheranycommunicationshave been received in regard
to the item which are not in the Board packet.
Ask the Board of Trusteesif 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.
Request Board consider a motion.
7.SUGGESTED MOTION.
Suggested motion(s) are set forth in the staff report.
8.DISCUSSION ON THE MOTION.
Discussion by the Board on the motion.
9.VOTE ON THE MOTION.
Vote on the motion or consideration ofanother action.
*NOTE:Resolutions areread intorecordat the discretion of the Mayor as it is not required
to do so by State Statute.
TOWN ATTORNEY’S OFFICE
Memo
To: H
onorable Mayor Koenig
Board of Trustees
From: Dan Kramer, Town Attorney
Date: March 12, 2024
RE: Ordinance 04-24 Denouncing Restrictive Covenants Based on Race or
Religion
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Take an official position acknowledging that historical covenants which purported to
restrict who could live in a neighborhood based on race or religion are unlawful and
wrong.
Present Situation:
As directed by the Town Board, Town staff researched existing restrictive covenants in
town. Ascent Escrow & Title assisted greatly by providing a trove of documents they
have collected over many years. Reviewing these documents, the Town Attorney’s
Office identified two subdivisions in the Estes Valley with racially restrictive covenants in
the record: Stanley Heights and Devon Hills. At a study session on January 9, 2024,
the Board requested an ordinance denouncing such restrictive covenants and allowing
property owners to take their own positions against covenants on their properties by
filingthe ordinance with the County Clerk and Recorder alongside their property
records.
Proposal:
This ordinance is intended to fulfill the Board’s request for an avenue to denounce
racially and religiously restrictive covenants. Because these restrictive covenants are
already ineffectual, the ordinance will not have any direct legal impact. The purpose is
to formally express the Town’s condemnation of these historical documents. Town staff
also intends to reach out to the homeowners in the subdivisions known to be covered by
such covenants, and to follow up with further outreach if more covenants are
discovered.
Advantages:
The symbolic condemnation of unlawful and repugnant agreements.
Disadvantages:
None. The action is symbolic.
Action Recommended:
Board policy decision. If the Board wishes to make this sort of denunciation, I
recommend passing the ordinance.
Finance/Resource Impact:
None.
Level of Public Interest
Uncertain. I have received a small amount of correspondence on the matter.
Sample Motion:
I move for the approval/denial of Ordinance 04-24.
Attachments:
1. Ordinance 04-24.
ORDINANCE NO. 04-24
AN ORDINANCE DENOUNCING RESTRICTIVE COVENANTS
BASED ON RACE OR RELIGION
WHEREAS, the Estes Valley encompasses subdivisions with historical covenants
between property owners purporting to restrict home ownership or occupancy on the
basis of race or religion; and
WHEREAS, these covenants are null and void because their enforcement would
be unconstitutional, as held by the United States Supreme Court in the 1948 case Shelley
v.Kraemer; and
WHEREAS, in addition to being ineffectual and unlawful, these covenants are
repugnant to the values of Estes Park; and
WHEREAS, sections 38-30-169 and 38-30-170 of the Colorado Revised Statutes
provide ways for property owners to remove these covenants from the documents
containing them; and
WHEREAS, the Board of Trustees of the Town of Estes Park desires to provide
an additional mechanism for property owners to repudiate such historical covenants that
may be associated with their property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS:
Section 1: Covenants purporting to restrict property ownership or occupancy on
the basis of race or religion are null, void, unlawful, unconstitutional, and repugnant, and
are hereby denounced in the strongest possible terms.
Section 2: Any property owner may record this Ordinance in relation to their
property, in conjunction with any other document or in any manner allowed by law and by
the Larimer County Clerk and Recorder, as a method of repudiating any such covenant
based on race or religion that may have historically impacted their property.
Section 3: This Ordinance shall take effect and be enforced thirty (30) days after
its adoption and publication.
PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park,
Colorado this ____ day of _______________, 2024.
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 , 2024 and published by title in a
newspaper of general circulation in the Town of Estes Park, Colorado, on the day of
, 2024, all as required by the Statutes of the State of Colorado.
Town Clerk
APPROVED AS TO FORM:
Town Attorney
TOWN ADMINISTRATOR’S
Memo
OFFICE
To: H
onorable Mayor Koenig
Board of Trustees
From: Town Administrator Machalek
Date: March 12, 2024
RE: Resolution 20-24 Supporting Ballot Issue 1A
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER: _____________
QUASI-JUDICIAL YES NO
Objective:
Consider Resolution 20-24, which supports Town of Estes Park Ballot Issue 1A (the
renewal of the Town’s existing 1% sales tax through June 30, 2034).
Present Situation:
Voters approved the current 1% sales tax (1A) in April of 2014, with an effective term of
July 1, 2014 through June 30, 2024. The 1A sales tax supports four special revenue
funds: the Street Improvement Fund, the Trails Expansion Fund, the Community Center
Fund, and the Emergency Response Fund.
At the Board’s request, staff developed a new, proposed 1% sales tax renewal package
using local resident feedback from the Town’s 2021 National Community Survey (NCS),
the 2022 Comprehensive Plan, results from the 2019 Stormwater Survey, and
consultation with subject-matter experts. The package was further refined through
public presentations and feedback gathering through fall and winter of 2023.
On January 23, the Town Board unanimously approved Ordinance 02-24, referring the
following 1% renewal package to the voters at the April 2, 2024 Municipal Election:
46% for Street Maintenance
28% for Stormwater Infrastructure Expansion
12.5% for Trail Expansion and Reconstruction
9% for Wildfire Mitigation
4.5% for Powerline Wildfire Mitigation
Proposal:
The proposed resolution expresses the Board support for Ballot Issue 1A and urges
voters of the Town of Estes Park to approve the Ballot Issue.
Advantages:
Provides funding for priorities and public infrastructure needs identified by the
community.
The uses of a renewed tax are specified and the tax itself is limited to a ten-year
duration.
A renewed sales tax allows for visitors to our community to share in the costs to
create and maintain public improvements that will benefit both visitors and
residents.
Using sales tax to fund investments in public infrastructure helps to keep the
Town’s portion of property tax very low.
Disadvantages:
Some residents expressed opposition to a renewal of the 1% sales tax, preferring
a reduced sales tax rate.
Some residents expressed opposition to a renewal of the 1% sales tax, preferring
that the priorities contained in the proposed 1A renewal be funded through re-
direction of existing Town revenues.
Funding specifically allocated through a renewed sales tax would not be
available for other priorities.
Action Recommended:
Staff recommends approval of Resolution 20-24
Finance/Resource Impact:
Staff estimates that a renewed 1% sales tax would generate $4,617,299 in the first full
year of revenues (2025).
Level of Public Interest
High
Sample Motion:
I move for the approval/denial of Resolution 20-24.
Attachments:
1.Resolution 20-24
RESOLUTION 20-24
A RESOLUTION SUPPORTING TOWN OF ESTES PARK BALLOT ISSUE 1A TO EXTEND
THE TOWN’S EXISTING 1% SALES TAX THROUGH JUNE 30, 2034
W
HEREAS, the Estes Park Board of Trustees unanimously referred Ballot Issue 1A to
the voters of Estes Park at the April 2, 2024 Town Election; and
WHEREAS, the members of the Estes Park community have voiced the need for
additional investments in the Town’s infrastructure and its resiliency to natural disasters through
the biennial Community Surveys, the Comprehensive Plan process, the Stormwater Master Plan
process, and multiple community outreach sessions; and
W
HEREAS, of all the needs expressed by community members, among the highest
priorities were continued robust investment in street maintenance, continued expansion of the
multimodal trail system, proactive resiliency efforts including stormwater management, flood
mitigation, and wildfire mitigation; and
WHEREAS, the 2014 voter-approved 1% sales tax will sunset in June of 2024, bringing
an end to a special revenue stream that has supported robust infrastructure investments such
as these; and
WHEREAS, Ballot Issue 1A would, without increasing any tax rate, continue the 2014 1
cent per 1 dollar sales tax for a limited term of 10 years;and
W
HEREAS, Ballot Issue 1A provides strict accountability by specifying that the Town will
allocate the revenues as:
46% to Street Maintenance
28% to Stormwater Infrastructure Expansion
12.5% to Trail Expansion and Reconstruction
9% to Wildfire Mitigation
4.5% to Powerline Wildfire Mitigation
WHEREAS, without the 1% incremental tax renewal, the Town will not be able to maintain
the level of street maintenance and trail expansion services of the past 10 years, nor fund
proactive stormwater management, nor the proposed wildfire mitigation efforts without
significantly reducing existing service-levels of other Town activities; and
W
HEREAS, the stability of Estes Park’s economic future and competitive position with
other mountain destinations is tied to the quality of our infrastructure and our resilience.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEESOF THE
TOWN OF ESTES PARK, COLORADO:
The Board of Trustees hereby supports the passage of Town of Estes Park Ballot Issue
1A and urges the registered voters of the Town of Estes Park to vote yes on Town of Estes Park
Ballot Issue 1A.
DATED this_____day of _______________, 2024.
TOWN OF ESTES PARK
________________________________
___
Mayor
ATTEST:
______________________________
Town Clerk
APPROVED AS TO FORM:
______________________________
Town Attorney
TOWN ADMINISTRATOR’S
Memo
OFFICE
To: H
onorable Mayor Koenig
Board of Trustees
From: Town Administrator Machalek
Date: March 12, 2024
RE: F
inal 2023 Strategic Plan Progress Report and Amended 2024 Strategic
Plan
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER: _Strategic Plan_
QUASI-JUDICIAL YES NO
Objective:
Town Board review of the final2023 Strategic Plan Progress Report and consideration
ofan amended 2024 Strategic Plan that incorporates 2023 Strategic Plan Objectives
that were not completed in 2023.
Present Situation:
The 2023 Strategic Plan included 59 Objectives. Of those 59 Objectives, 39 were
completed in 2023, 2 were “ongoing objectives”, and 18 were incomplete. Work
continues on 12 of the 18 remaining incomplete Objectives. Details on the status of
these incomplete Objectives can be found in the “Comments” section of the Final 2023
Strategic Plan Progress Report. Staff is recommending that the Board not carry over 7
objectives, 6 of which were incomplete in 2023 and one of which is ongoing (detailed
below).
Proposal:
In order to better track completion status of Town Board Objectives, the Town’s
Strategic Planning process includes a final report on the prior year’s Strategic Plan and
a formalamendment of the current year Strategic Plan to incorporate any Objectives
that were not completed in the prior year. To that end, the proposed amended 2024
Strategic Plan is attached. These edits incorporate 12 incomplete 2023 Objectives into
the 2024 Strategic Plan. Proposed revisions are presented in red text.
Staff is recommending that the Board not carryover the following Objectives:
Governmental Services and Internal Support
o“Execute Contract to scan and archive existing invoices. (2022
CARRYOVER)”
Staff recommends revisiting this concept after implementing a new
Enterprise Resource Planning (ERP) system.
Outstanding Community Services
o“Begin rewriting the Estes Park Development Code.”
The Board has already adopted a modified Objective for 2024
(“Continue rewriting the Estes Park Development Code”).
Public Safety, Health, and Environment
o“Develop an environmental impact plan for Town produced events.”
Work on this Objective is Ongoing. Staff recommends that this work
be tracked through the ESTF Implementation process.
o“Gather information necessary to consider the addition of a full-time
Emergency Manager including a draft job description and financial
impact.”
The Board has already adopted a modified Objective for 2024
(“Review and update the Town's Emergency Management
function”).
Transportation
o“Establish a task force consisting of representatives from Public Works,
TAB, RMNP, CDOT, and the FHWA to identify opportunities, challenges,
and timing sensitivities for inclusion in a FLAP grant application in 2024 to
fund the design, environmental clearance, public outreach, and
construction of the Moraine Ave Multimodal Improvements and a
roundabout at the intersection of Moraine Ave and Marys Lake Road.”
The next call for Federal Lands Access Program (FLAP) projects in
Colorado is tentatively scheduled for 2026. Staff recommends that
we revisit this objective in the 2025 Strategic Plan.
o“If funded by the 2022 MMOF grant, complete the design (in 2023) and
construction (in 2024) of the Fall River Trail.”
The Board has already adopted a modified Objective for 2024
(“Complete the design of the Fall River Trail”).
o“Partner with CDOT to explore expansion of Bustang to Estes service to
include both the US 36 and US 34 corridors. (2022 CARRYOVER)”
Staff recommends replacing this Objective with a Goal to "Work
with CDOT and other partners to evaluate additional regional transit
options along US34 and US 36."
Advantages:
Provides a final accounting of 2023 Strategic Plan progress.
Ensures tracking and completion of 2023 Town Board Strategic Objectives.
Allows the Town Board to confirm that the 2023 Objectives that have not yet
been completed are still priorities.
Disadvantages:
The presence of carry-over Objectives indicates that staff was not successful at
fully implementing the Town Board’s Strategic Plan in 2023.
Action Recommended:
Staff recommends approval of the amended 2024 Strategic Plan.
Finance/Resource Impact:
N/A
Level of Public Interest
Medium
Sample Motion:
I move for the approval/denial of the amended 2024 Strategic Plan as presented.
Attachments:
1. Final 2023 Strategic Plan Progress Report
2. Summary of 2023 Carryover Objectivesfor2024
3. Amended 2024 Strategic Plan
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ADMINISTRATION
Memo
To: H
onorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Carlie Bangs, Housing & Childcare Manager
Jeff Mabry, Housing Program Manager, Estes Park Housing Authority
Date: March 12, 2024
RE: Workforce Rental Assistance Pilot Program
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION X OTHER Report & Discussion
QUASI-JUDICIAL YES NO
Objective:
Present the proposed Workforce Housing Rental Assistance Program, which was
recently approved by the Estes Park Housing Authority.
Present Situation:
The Estes Park Housing Authority and the Town of Estes Park have prioritized
developing a rental assistance program that serves the Estes Valley workforce to retain
full-time employees.
The 2024 Workforce Housing and Childcare Funding Plan outlined the priorities for 6E
funds, which included the development of a rental assistance program. Town staff
worked with Crossroads Ministry and the Estes Park Housing Authority to expand
Crossroad’s existing rental assistance program which, to date, has provided
emergency, or short-term assistanceto local renters as needed and as funding allows.
Proposal:
The Estes Park Housing Authority (EPHA) and the Town of Estes Park propose a new
funding program to support households with an income above 60% of the Area Median
Income (AMI). To streamline the process, we have partnered with Crossroads Ministry
to assistwith the application process and disbursement of Workforce Housing 6E funds
administered by EPHA.
Crossroads Ministry already has a program in place to serve households with an
income of less than 60% AMI, offering emergency assistance for rent and housing costs
up to $1,800 annually. Assistance includes support from a Case Manager who works
directly with the applicant to assist with the application process and with their landlord to
distribute funds. Households that are ineligible for this emergency assistance will now
have the opportunity to be eligible for the proposed Workforce Rental Assistance Pilot
Program.
The Crossroads Ministry Case Manager will review the rental assistance application
(Exhibit 2) and determine if the applicant is eligible for the existing Emergency
Assistance or the proposed Workforce Rental Assistance. If the applicant’s income and
work status in the Estes Valley meets the eligibility requirements for Workforce Rental
Assistance, the Case Manager can approve a one-time award of $4,800 to cover the
deposit or first and last month’s rent required for a new lease. Alternatively, the Case
Manager may award a monthly subsidy, not exceeding $400/month. Like Emergency
Assistance, Crossroads Ministry will work directly with landlords to distribute funds.
This program is unique in that it provides monthly subsidized rental assistance to
households that qualify as “workforce”. EPHA defines Estes Park workforce as at least
one individual in a household that worksan average of 30+ hours per week in the Estes
Park School District boundaries.
The parameters and eligibility requirements of the Workforce Rental Assistance
Program have been developed to gather data on the needs of the community in the first
year. EPHA, Crossroads Ministry, and the Town will collaborate to analyze the data and
establish long-term and sustainable assistance programs based on the application data
received between the approval of the program and December 2024.
Advantages:
Distribution of funds to support affordable workforce housing as directed by the voters
when passing the 6E Ballot Initiative.
Disadvantages:
None.
Action Recommended:
Provide feedback on the proposed program.
Finance/Resource Impact:
The Estes Park Housing Authority has budgeted $75,000 of 6E Funds for this program
in Q2.
Level of Public Interest
Low.
Sample Motion:
No motion is needed unless looking to disapprove this program.
Attachments:
1.Workforce Housing Rental Assistance Program Draft
2.Crossroads Ministry Rental Assistance Application
3.EPHA Annual Demographics Information Form
Rental Assistance Program
The Estes Park Housing Authority and Town of Estes Park acknowledges the
challenges in the housing market for renters suchas the demand for homes, increase in
pricing, and low inventory and created significant barriers to living in our community. As
a result, local renters often have a disadvantage because of limited and affordable
inventory, in which they are competing withmultiple parties to secure housing. This
program is aimed to support local renters in the open market, as well as affordable
units.
The Estes Park Housing Authority intends to partner with Crossroads Ministry to
manage the application process and distribute funds to approved applicants.Once
approved, the agreed upon rental assistance will be granted directly to the landlord.
This program is meant to serve year-round residents that need rental assistance with a
one-time rental assistancepayment or monthly subsidy not to exceed the annual
approval limit.
These guidelines are subject to change based on availability of funds, conditions of property,
and market conditions. The Estes Park Housing Authority does not discriminate based onrace,
color, sex, religion, handicap, family status, sexual orientation, gender identity, or national origin.
Eligible RentersRenters must be full-time residents and employed in the Estes Valleyand
current or anticipated monthly rent must be more than 35% of your
household gross income . Applicants cannot be housed in income-
restricted housing at the time of the application.
Eligible Renter Household AMI limit of 115%Renters will be required to list the income
Householdsof ALL parties living in the household. Upon approval, the granted total
payment will be sent directly to the landlord or leasing agent of the
property.
Eligible PropertiesEligible properties must be located within the Estes Park School District
R-3 boundaries.
MaximumMonthly$4,800 per yearwith a maximum of$400 per month
Rental Payment
Maximum Annual $4800 per year for assistance with housing such as a security deposit
Assistanceand fees associated with enteringa lease, or other one-time payments.
Primary ResidenceRenters are required to use the rental residence as their primary and only
-term
rentalsare eligible for rental assistance.
Landlord Landlordsmustagreetorentadecent,safe,andsanitaryunittothe
Responsibilitytenant. EPHA requiresan inspection of the property anda copy of the
lease agreement between the landlord and tenantprior to the
distribution of funds. The landlord must agree to not terminate the lease
with the tenant within 30 days of receiving rental assistance payment.
The landlord must agree to keep rent structure at the maximum of 100%
AMI throughout the duration of the lease agreement
Larimer County. This information can be found on the EPHA website.
Lease Terms6-monthlease, minimum.Subleasing rental assistance will be accepted
with proper documentationfrom the landlord.
Early Lease If renter must terminate the lease prior to the expiration for any reason,
Terminationrenter must notify the Estes Park Housing Authority Housing Program
Manager at EPHA@estes.org. If the renter is evicted, the landlord is
responsible for giving at least 30 days’ noticeand notifying EPHA.
Application ProcessApplicationsand case managementwill be administered through
Crossroads Ministry. Visit their websiteand complete the application
all 970-577-0610 to schedule an appointment to
turn in your application and supporting documents.
Repayment of FundsThe Rental Assistance Program is considered a grant to support the local
Estes Valley workforce. Repayment will only be required if the renter does
not occupy the property as a primary residence
for a short-term rental.
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Generally, housing that is restricted to members of the working community.Estes Park Code Definition: At least one resident in each unit…is employed within the Estes Park School District
R(11.4.4)Workforce Housing by Estes Park Development Code does NOT have income or rent restrictions.
W
fro
How do we define housing for our workforce?
Use 6E funds to support the local workforce through a pilot Workforce Rental Assistance ProgramEPHA has collaborated with the existing rental assistance program at Crossroads Ministry
Present Situation
Image provided by Bas1s Architecture and Design
time Grant
-
Monthly SubsidyOne
Rental Assistance for households with an AMI above 60%Expand upon the existing Crossroads Ministry program and application processProvides two opportunities for support:
Proposal
Applicants will work directly with Crossroads Ministry Case Worker to identify eligibility for assistance programsEPHA will check “workforce” eligibility through existing processes$4,800
per year maximum and/or $400 per monthDistributions of funds go directly to the landlord
Administration
-
time residents and
-
3 boundaries.
-
Renters must be fullemployed in the Estes Valley and current or anticipated monthly rent must be more than 35% of the household gross income. Applicants cannot be housed in incomerestricted
housing at the time of the applicationHousehold AMI limit of 115% Renters will be required to list the income of ALL individuals in the householdProperty must be located within the
Estes Park School District R
Eligibility
Application Process
Proposal Town and EPHA Staff are available for questions and feedback.
Finance Impact Estes Park Housing Authority has budgeted $75,000 of 6E Funds for this program.
99,19085,02077,93570,85063,76556,68042,510
80%
247,975212,550177,125170,040162,955141,700113,360125%175%
81-150%
$ $ $ $ $ $ $
8 PERSON$ $ $ $ $ $ $
Implementation Cutoff Date 6.3.2022
93,17079,86073,20566,55059,89553,24039,930
232,925199,650166,375159,720153,065133,100106,480
$ $ $ $ $ $ $
$ $ $ $ $ $ $
7 PERSON
Vista Ridge
Town Home
Neighborhood
Down Payment
99,60087,15074,70068,47562,25056,02549,80037,350
217,875186,750155,625149,400143,175124,500
$ $ $ $ $ $ $ $
6 PERSON$ $ $ $ $ $
92,72081,13069,54063,74557,95052,15546,36034,770
202,825173,850144,875139,080133,285115,900
$933
$5,446$4,668$3,890$3,735$3,579$3,112$2,490$2,178$1,867$1,711$1,556$1,400$1,245
4 BDRM
$ $ $ $ $ $ $ $
$ $ $ $ $ $
5 PERSON
85,84075,11064,38059,01553,65048,28542,92032,190
187,775160,950134,125128,760123,395107,300
$837
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3 BDRM
$ $ $ $ $ $ $ $
4 PERSON$ $ $ $ $ $
Estes Park Housing Authority
96,60077,28067,62057,96053,13048,30043,47038,64028,980
169,050144,900120,750115,920111,090
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$ $ $ $ $ $ $ $ $
$ $ $ $ $
3 PERSON
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98,78585,90068,72060,13051,54047,24542,95038,65534,36025,770
150,325128,850107,375103,080
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2022 Colorado County Income and Rent Tables$3,523$3,020$2,516$2,416$2,315$2,013$1,611$1,409$1,208$1,107$1,006
1 BDRM
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2 PERSON$ $ $ $
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1 PERSON
80%70%60%55%50%45%40%30%80%70%60%55%50%45%40%30%
AMIAMI
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COUNTYCOUNTY
RENT
Original HUD Effective Date 4.18.2022