HomeMy WebLinkAboutPACKET Town Board 2024-04-23The Mission of the Town of Estes Park is to provide high‐quality, reliable services
for the benefit of our citizens, guests, and employees, while being good stewards
of public resources and our natural setting.
BOARD OF TRUSTEES - TOWN OF ESTES PARK
Tuesday, April 23, 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).
PROCLAMATION – PUBLIC SERVICE RECOGNITION WEEK.
AGENDA APPROVAL.
PUBLIC COMMENT. (Please state your name and address).
TOWN BOARD COMMENTS / LIAISON REPORTS.
TOWN ADMINISTRATOR REPORT.
1. 2024 TOWN ORGANIZATIONAL PLAN.
2. POLICY GOVERNANCE MONITORING REPORT - POLICIES 3.3 AND 3.7.
Policy 2.3 designates specific reporting requirements for the Town Administrator to
provide information on policy compliance to the Board. The above policies are
reported on each April.
CONSENT AGENDA:
Prepared 04-12-2024
*Revised 04-19-2024
Page 1
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
1. Bills - https://dms.estes.org/WebLink/Browse.aspx?id=253208.
2. Town Board Minutes and Study Session Minutes dated April 9, 2024.
3. Resolution 34-24 Intergovernmental Agreement for 2024 Fiscal Year Certifications and
Assurances as required for Federal Transit Administration Funding for Public
Transportation with CDOT.
4. Acceptance of Town Administrator Policy Governance Report.
5. Resolution 37-24 Authorizing Town Staff to Administer an Account on the Application
Intake System of the United States Department of Agriculture.
ACTION ITEMS:
1. RESOLUTION 35-24 6E FUNDING EXPENDITURE FOR A CHILDCARE FUNDING
AGREEMENT WITH THE YMCA OF THE ROCKIES. Manager Bangs.
Consider the expenditure to the YMCA of the Rockies Summer Inclusion Program in
the amount of $35,420.
ACKNOWLEDGEMENT OF MAYOR KOENIG AND TRUSTEES MACALPINE AND
MARTCHINK.
Resolutions of Respect will be read and certificates of appreciation to be presented.
SWEARING-IN CEREMONY FOR NEWLY-ELECTED MAYOR AND TRUSTEES. Municipal
Judge Thrower.
Mayor: Gary Hall
Trustees: Mark Igel, Frank Lancaster, and Cindy Younglund (4 Years)
Bill Brown (2 Years)
ACTION ITEMS:
1. APPOINT MAYOR PRO TEM. Mayor Hall.
To nominate and select a Mayor Pro Tem to serve as Mayor as needed from April
2024 to April 2026.
2. TOWN BOARD POLICY 101 - BOARD ASSIGNMENTS. Mayor Hall.
To update appointments to all boards, commissions and liaison positions as outlined in
the policy.
3. STAFF APPOINTMENTS. Town Clerk Williamson.
To appoint Town Officers as outlined in the Municipal Code:
• Town Clerk
• Town Treasurer/Town Clerk Pro Tem
• Town Attorney
• Municipal Judge
• Town Administrator
4. RESOLUTION 36-24 CONTRACT WITH DAVID THROWER FOR MUNICIPAL
JUDGE SERVICES. Town Clerk Williamson.
To renew the contract for a two-year term expiring April 28, 2026.
ADJOURN.
15-MINUTE RECESS
RECEPTION FOR MAYOR KOENIG, AND TRUSTEES MACALPINE
AND MARTCHINK IN ATRIUM
NEW SLATE – BOARD OF TRUSTEES
*
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TOWN ADMINISTRATOR’S
OFFICE
Memo
To: Honorable Mayor Koenig
Board of Trustees
From: Town Administrator Machalek
Date: April 23, 2024
RE: Town Organizational Plan
Board Policy 3.13 requires that the Town Administrator to present a current
organizational chart of the Town to the Town Board at the first regular meeting following
the certification of the results of each biennial election. The organizational chart must be
in graphical format and include detail through the division level.
Policy 3.13 states:
“With respect to internal organizational structure of the Town, the Town
Administrator will maintain a current organizational plan (organizational chart) of
the Town, in a graphical format including through the division level. The Town
Administrator will update the plan annually. The current plan shall be included in
the Comprehensive Annual Financial Report each year and presented to the
Board of Trustees at the first regular meeting following the certification of the
results of each biennial election.”
Pursuant to this requirement, the current organizational chart is attached. The chart is
the responsibility of the Town Administrator and is presented to the Town Board for
information purposes. No action is required by the Town Board.
Travis Machalek
Town Administrator
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Organizational Plan
April 2024
CITIZENS
MAYOR AND TRUSTEES
Town Attorney
Town Prosecutor
Town Administrator
Deputy Town Administrator
Internal Services
Facilities
Fleet
Information Technology
Risk Management
Museum
Workforce Housing and Childcare
Community Development
Planning
Building
Events and Visitor Services
Events Complex
Special Events
Visitor Services
Finance
Accounting
Payroll
Budget
Utility Billing
Human Resources
Benefits Administration
Police
Patrol
Dispatch
Investigations
Restorative Justice
Code Compliance
Public Information Public Works
Engineering
Parks
Streets and Stormwater
Parking and Transit
Town Clerk
Business and Liquor Licensing
Elections
Court Clerk
Utilities
Power and Communications
Water
Municipal Judge
Attachment 1
Page 4
TOWN ADMINISTRATOR’S
OFFICE
Memo
To: Honorable Mayor Koenig
Board of Trustees
From: Town Administrator Machalek
Date: April 23, 2024
RE: Policy Governance Monitoring Report – Policy 3.3 and 3.7
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER: Policy
QUASI-JUDICIAL YES NO
Board Policy 2.3 designates specific reporting requirements for the Town Administrator
to provide information on policy compliance to the Board. In April of each year the Town
Administrator is required to report on Policies 3.3 and 3.7.
Policy 3.3 states:
“With respect for strategic planning for projects, services and activities with a
fiscal impact, the Town Administrator may not jeopardize either the operational or
fiscal integrity of Town government.”
Policy 3.7 states:
“The Town Administrator shall have an Emergency Preparedness Process in
place for coordination of all emergency management partners – Federal, State,
and local governments, voluntary disaster relief organizations, and the private
sector to meet basic human needs and restore essential government services
following a disaster.”
This report constitutes my assurance that, as reasonable interpreted, these conditions
have not occurred and further, that the data submitted below are accurate as of this
date.
Travis Machalek
Town Administrator
Page 5
Policy 3.3: With respect for strategic planning for projects, services and activities with a
fiscal impact, the Town Administrator may not jeopardize either the operational or fiscal
integrity of Town government. Accordingly, the Town Administrator shall not allow
budgeting which:
3.3.1: Deviates from statutory requirements.
Status: Compliance
Interpretation: I interpret this to mean that our budgeting practices and policies
comply with all requirements contained in the Colorado Revised Statutes that are
applicable to statutory towns.
Compliance with the policy will be achieved when: There are no deviations in
our practices or policies from what is required by State Statute.
Evidence:
1. The annual independent audit
2. Annual Comprehensive Financial Report (ACFR)
3. All policies are reviewed for legal compliance by the Town Attorney
4. No State-issued non-compliance notifications to the Town of Estes Park
regarding our budgetary obligations under State Statute.
Report: I report compliance.
3.3.2: Deviates materially from Board-stated priorities in its allocation among
competing budgetary needs.
Status: Partial Compliance
Interpretation: I interpret this to mean that the annual budget adopted by the
Board of Trustees represents the officially adopted priorities of the Board. This
includes any budget amendments approved by the Town Board throughout the
year and any specific spending authorizations approved by the Town Board. I
interpret “materially deviate” to mean any change in spending priority that results
in a resource diversion away from any Board objective, goal, or outcome that is
substantial enough to hinder the achievement of the objective, goal, or outcome. I
do not interpret minor deviations resulting from changing circumstances,
community demands, and/or unforeseen circumstances outside of the Town’s
control as material deviations.
Compliance with the policy will be achieved when: Budget spending does not
materially deviate from the levels approved in the adopted budget.
Evidence:
Page 6
1. The 2024 adopted budget was prepared based on the Board’s Strategic
Plan.
2. Any substantial budget changes have been presented to the Board for
review and approval as budget amendments.
3. HTE budget reports for each department are available on request.
Report: I report partial compliance. Staff has uncovered and informed the Board
of three (3) budgeting errors that would cause budget spending to materially
deviate from the levels approved in the adopted budget if they were not corrected:
2024 Budgeted Salary Projection Error
• This error stemmed from an oversight in reflecting pay grade changes in
the backend programming of our budgeting tool. Two pay families were
adjusted as part of the market realignment efforts in late 2022, with a new
pay code used to identify the new pay families within the payroll system.
In July 2023, as then-Director Hudson began to prepare the payroll
projections within our separate budget software program (MDSS), he set
up the two new codes in the appropriate configuration settings. However,
he did not recognize that he also needed to have MDSS personnel change
background programing for these two new codes. As a result, the 3%
market adjustment for these two pay families was not included in the final
payroll calculation reflected within the adopted 2024 budget. The net
effect of this error was that the Town was under budgeted by $292,560
across all Town funds for certain wages and wage-based benefits. The
General Fund's share of that total shortfall is $137,819.
• Preventative Actions Moving Forward
o In order to prevent this from happening in the future, we will take a
sample of employees from each pay family and review them in
detail, including conducting manual recalculations, to verify that
our system is set up and calculating personnel costs correctly.
2023/2024 Purchase Power Error
• 2023 Budget Error
o We made an error when entering the 2023 budget for purchase
power and did not sufficiently budget for purchase power costs.
We brought the Board an amendment to the 2023 budget in
December to add $1.1M to that line item. Ultimately, we spend
$843,306 out of the additional $1.1M adjustment (leaving
$256,694 unspent). Purchase power costs are offset by power sales.
o We spent a total of $8,943,306 on purchase power in 2023.
• 2024 Budget Error
o Since we only caught the budgeting error for purchase power in
December, the error was also reflected in our original 2024 budget
(which was finalized in November). We noted back in December
that we would need to bring an amendment forward to true up the
2024 budget (our estimate at that time was $650,000). It is
Page 7
important to note that we did not make that amendment in
December.
o The original estimate to true up the 2024 purchase power budget
was $650,000. That was before we received more information
from PRPA about projected demand increases. With the projected
demand increases, and the 5% rate increase, we increased the
amount of the budget amendment to make sure we have sufficient
funds appropriated to pay the purchase power costs. The
amendment that we brought forward added $1,200,000 to the
purchase power budget. This amendment includes some cushion
that may not have to be spent if power deliveries from PRPA stay
at or below projections.
o Based on PRPA's projections, we are estimating the cost of
purchase power at $9,683,371 for 2024 (demand increases and a
5% rate increase). Staff has added a cushion of $316,629 to ensure
that we have sufficient budget to cover purchase power if demand
is higher than anticipated.
• Preventative Actions Moving Forward
o We will double check our budget entries on purchase power
moving forward. Additionally, we will be increasing the purchase
power budget at a rate of 6% per year for the foreseeable future.
This is based on PRPA's rate increases of 5% per year, plus 1% for
growth in demand. We will also perform a lookback calculation to
analyze our spend in recent years to determine if that 6% remains
reasonable or if it needs to increase. We do not get the PRPA
report on projected usage and costs until several months after
budget season is over, but we will use the previous year's report as
part of our lookback calculation.
Internal Services Director Allocation Error
• When doing the math for the Internal Services reorganization, I neglected
to account for the fact that 40% of the Mobility Services Manager position
was funded through the Parking Fund (an amount that would not make
sense for the Internal Services Director). Ultimately, this led to a 2024
funding shortfall of $51,111 for the reorganization. The Board approved
use of fund balance from Information Technology Fund and the Risk
Management Fund to meet the 2024 funding requirements for the Internal
Services Director position. Starting in 2025, this position will be fully
funded through the Internal Service Funds, which are funded through
service charges to Town departments.
• Preventative Actions Moving Forward
o In the future, we will run all reorganization salary components
through Finance to ensure that salary allocation differentials are
recognized. Additionally, we have added a reminder to the
reorganization template to check salary allocations before
finalizing the document.
Page 8
3.3.3: Contains inadequate information to enable credible projection of revenues
and expenses, separation of capital and operational items, cash flow and
subsequent audit trails, and disclosure of planning assumptions.
Status: Compliance
Interpretation: I interpret this to mean that the Town Administrator’s
recommended budget must be based on credible data and the best available
information concerning the local economy and other factors that may impact the
Town’s revenues and expenses. In addition, the budget is to be structured to
separate capital expenditures from operational costs. All revenue projections will
be based on the professional judgement of the Town’s Finance Director.
Compliance with the policy will be achieved when:
• Operational revenue projections are clear and projected and actual
revenues are within a 10% margin of error, barring any catastrophic
events.
• The budget presented to the Board for adoption is in a format that
separates revenues, expenses, and capital expenditures.
• Critical assumptions used in preparing the budget are clearly articulated to
the Board during budget review sessions.
Evidence:
1. Operational revenue projections are currently within a 10% margin of
error.
2. The 2024 adopted budget is presented in a format that separates revenues,
expenditures, and capital.
3. Critical assumptions used in preparing the budget were discussed with the
Board during budget review sessions as well as during budget amendment
discussions.
Report: I report compliance.
3.3.4: Plans the expenditure in any fiscal year of more funds than are
conservatively projected to be received in that period, or which are otherwise
available.
Status: Partial Compliance
Interpretation: I interpret this to mean that the proposed budget must be
balanced. This includes expenditures for the year not exceeding the revenues
received from all sources. Exceptions are Board-approved use of fund balances,
and use of funds that have been accumulated over a period of time, with the
Page 9
approval of the Board, with the intent of saving funds to pay for a specific project
or capital expense.
Compliance with the policy will be achieved when: The proposed budget meets
the above criteria, inclusive of any board approved spending of fund balance or
specific reserve funds.
Evidence:
1. The adopted budget demonstrates that I have not allowed budgeting which
plans the expenditure in any fiscal year of more funds than are
conservatively projected to be received in that period, or which are
otherwise available.
Report: I report partial compliance. As I informed the Town Board in March, we
created an imbalance between revenue and expenditure when we began making
expenditures for the Multimodal Transportation Plan. While both revenue and
expenditures for this project were budgeted, the expenditures were to be offset by
grant revenue from a Multimodal Transportation and Mitigation Options Fund
(MMOF) grant ($300,000 of expenditures offset by $225,000 in revenues from
grant funding). We did not receive the grant, but neglected to remove the
budgeted revenue and expenditures. While sufficient fund balance is available to
fund this project at the fund level, that does not discount the error. Public Works
and Finance staff are working on an amendment to the Town’s Grant Policy that
will mitigate the risk of a mistake like this in the future.
3.3.5: Reduces fund balances or reserves in any fund to a level below that
established by the Board of Town Trustees by adopted policy.
Status: Compliance
Interpretation: I interpret this to mean that fund balance reserves must be
calculated at every budget amendment, and that the General Fund reserve shall
not drop below 25% unless otherwise authorized by the Board. If the Board
approves and adopts a budget that plans for reducing the fund balance below the
25% level, I interpret this as being authorized by the Board.
Compliance with the policy will be achieved when:
• The latest budget amendment shows a General-Fund fund balance of 25%
or greater, unless otherwise approved by the Board.
• The proposed budget anticipates an end-of-year fund balance in the
General Fund of 25% or greater, unless otherwise approved by the Board.
Evidence:
1. 2024 Budget Amendment #2 anticipates a 36.2% General-Fund fund
balance at the end of 2024.
Page 10
Report: I report compliance.
3.3.6: Fails to maintain a Budget Contingency Plan capable of responding to
significant shortfalls within the Town’s budget.
Status: Compliance
Interpretation: I interpret this to mean that I must prepare a budget that
maintains a fund balance of 25% or more in the General Fund and adequate fund
balances in all enterprise funds, including the required TABOR reserve and the
current cash reserves as defined in Board Policy 670 – Cash and Investment
Reserve and Contingency.
Compliance with the policy will be achieved when:
• The proposed budget anticipates an end-of-year fund balance in the
General Fund of 25% or greater, unless otherwise authorized by the
Board.
• The current cash reserves meet the criteria defined in Board Policy 670 –
Cash and Investment Reserve and Contingency.
Evidence:
1. The 2022 ACFR shows an 57.6% General-Fund fund balance at the end of
2022.
2. 2023 Budget Amendment #6 anticipates a 34.3% General-Fund fund
balance at the end of 2024.
3. 2024 Budget Amendment #2 budget anticipates a 36.2% General-Fund
fund balance at the end of 2024.
4. Current cash and investment reserves are reported to the Board on a
monthly basis, as required by Board Policy 670.
5. The Town’s budget contingency plan is established in Policy 670 (Section
3.b).
Report: I report compliance.
3.3.7: Fails to provide for an annual audit.
Status: Compliance
Interpretation: I interpret this to mean that I must ensure that the Town
completes an independent audit annually. Further, that audit report should result
in an unqualified and unmodified opinion from the Board’s auditors.
Compliance with the policy will be achieved when: The annual audit is
complete and presented to the Town Board.
Page 11
Evidence:
1. The 2022 Audit has been completed and the ACFR prepared and
submitted to the State of Colorado with an unqualified and unmodified
opinion from the Board’s auditors.
2. The 2022 Audit has been delivered to the Audit Committee and Town
Board.
3. The 2023 Audit is underway.
Report: I report compliance.
3.3.8: Fails to protect, within his or her ability to do so, the integrity of the current
or future bond ratings of the Town.
Status: Compliance
Interpretation: I interpret this to mean that I cannot take any action that will
negatively impact the Town’s bond rating. This includes maintaining adequate
fund balances as required in 3.3.5 and maintaining adequate bond coverage ratios
for all revenue bonds associated with the Town’s enterprise funds.
Compliance with the policy will be achieved when:
• I am in compliance with 3.3.5.
• Required bond coverage ratios are met.
Evidence:
1. The 2022 ACFR shows an 57.6% General-Fund fund balance at the end of
2022.
2. 2023 Budget Amendment #6 anticipates a 34.3% General-Fund fund
balance at the end of 2023.
3. 2024 Budget Amendment #2 budget anticipates a 36.2% General-Fund
fund balance at the end of 2024.
4. Our current (December 31, 2022) bond-coverage ratio for Power and
Communications (512%) exceeds the required ratio of 125%.
5. Our current (December 31, 2022) bond-coverage ratio for Water (619%)
exceeds the required ratio of 110%.
Report: I report compliance.
3.3.9: Results in new positions to staffing levels without specific approval of the
Board of Town Trustees. The Town Administrator may approve positions
funded by grants, which would not impose additional costs to the Town in
addition to the grant funds and any temporary positions for which existing
budgeted funds are allocated.
Page 12
Status: Compliance
Interpretation: I interpret this to mean that I cannot allow any new positions or
expansion of any part-time positions to be advertised or filled without prior Board
approval. I may allow new positions or partial positions funded by grants or
temporary positions for which existing budgeted funds are allocated without prior
approval of the Board. I may also allow reductions in staffing without Board
approval.
Compliance with the policy will be achieved when: No new positions or
expansion of any part-time positions are approved and/or hired without approval
of the Board, with the exceptions noted above.
Evidence:
1. All positions are indicated in the adopted and proposed budgets and no
unapproved positions have been created.
Report: I report compliance.
Policy 3.7: The Town Administrator shall have an Emergency Preparedness Process in
place for coordination of all emergency management partners – Federal, State, and local
governments, voluntary disaster relief organizations, and the private sector to meet basic
human needs and restore essential government services following a disaster.
3.7.1: The Town Administrator shall be responsible for the assigned responsibilities
identified in the Town of Estes Park Emergency Operations Plan.
Status: Compliance
Interpretation: I interpret this to mean that the Town has adopted and kept
current an Emergency Operations Plan that covers multiple possible emergency
situations and outlines the roles and responsibilities of Town staff during an
emergency. These roles are consistent with the standards of the National Incident
Management System (NIMS) process. I also interpret this to mean that key staff
have had basic NIMS/Incident Command System (ICS) training.
Compliance with the policy will be achieved when:
• The Town has an up-to-date Emergency Operations Plan.
• Key staff have completed NIMS/ICS 100 training.
Evidence:
1. The Town has an up-to-date Emergency Operations Plan
2. All key staff have completed NIMS/ICS 100 training
Report: I report compliance.
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3.7.2: The Town Administrator shall not fail to have a business continuity plan for
the Town.
Status: Compliance
Interpretation: I interpret this to mean that the Town has adopted and kept
current a Continuity of Operations Plan (COOP) for Town operations.
Compliance with the policy will be achieved when: The Town has an up-to-
date Continuity of Operations Plan (COOP).
Evidence:
1. The Town has an up-to-date Continuity of Operations Plan
Report: I report compliance.
3.7.3: In the event of an emergency, the Town Administrator shall not fail to take
appropriate action immediately to ensure the safety of the public and public
and private assets, including authorizing specific actions by Town staff and
declaring an emergency on behalf of the Board of Town Trustees.
Status: Compliance
Interpretation: I interpret this to mean that in the event of an emergency I take
appropriate steps to respond to the emergency including, but not limited to,
actions outlined in the Town Emergency Operation Plan and Chapter 2.28 of the
Municipal Code.
Compliance with the policy will be achieved when:
• During an emergency, I ensure that we follow the Emergency Operations
Plan and standard NIMS procedures (as applicable) in implementing our
response.
• Response and recovery efforts are prudent and in compliance with state
and federal requirements for aid and reimbursements (when applicable).
Evidence:
1. The most recent evidence of compliance can be found in the Town’s
response to the East Troublesome Thompson Zone fire and COVID-19,
which included declarations of emergency, emergency orders, and
implementation of NIMS structure to coordinate Town response.
Report: I report compliance.
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Town of Estes Park, Larimer County, Colorado, April 9, 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 Hall in said Town of
Estes Park on the 9th day of April, 2024.
Present: Wendy Koenig, Mayor
Marie Cenac, Mayor Pro Tem
Trustees Kirby Hazelton
Frank Lancaster
Barbara MacAlpine
Patrick Martchink
Cindy Younglund
Also Present: Travis Machalek, Town Administrator
Jason Damweber, Deputy Town Administrator
Dan Kramer, Town Attorney
Kimberly Disney, Recording Secretary
Absent: None
Mayor Koenig called the meeting to order at 7:00 p.m. and all desiring to do so recited
the Pledge of Allegiance.
PROCLAMATIONS – NATIONAL VOLUNTEER APPRECIATION MONTH AND
MONTH OF THE TREE. Mayor Koenig proclaimed April 2024 as Volunteer Appreciation
Month and Month of the Tree.
AGENDA APPROVAL.
It was moved and seconded (Hazelton/Cenac) to approve the Agenda, and it passed
unanimously.
PUBLIC COMMENTS.
Ron Hartzog/Town citizen spoke regarding the vacation home regulation parking limits
and citations he has received due to parking violations for a vacation home located at 450
Lakefront Dr. He stated the complaints have been made by one neighbor who does not
want the vacation home in the area, and provided scenarios which could cause a parking
violation. He requested the Board review the parking requirements for vacation home
licenses.
John Meissner/Town citizen encouraged citizens to attend the Downtown Estes Loop
Open House for information on the project.
TRUSTEE COMMENTS.
Board comments were heard and have been summarized: Visit Estes Park (VEP) would
host the Estes Park Tourism Summit; VEP received accreditation with distinction from
Destinations International; citizens were encouraged to attend the Earth Week festivities;
the Board encouraged the continuation of Trustee Talks following the swearing-in of new
Board members; the Rooftop Rodeo would be held July 5 – July 10, 2024; Trustee
MacAlpine stated she has begun, and would continue to spearhead after her term, the
formation of a research exploration committee for the purpose of creating a mountain
college in Town; the Regional Opioid Abatement Council met and heard presentations for
grant requests; citizens were encouraged to participate in the upcoming Duck Race and
tree sapling giveaway; the Regular Municipal Election was held and remarks were made
on the passage of Ballot Issue 1A and the low voter turnout; all candidates were thanked
for running in the election and the Mayor Elect and Trustees Elect were congratulated;
and Mayor Koenig thanked the town for allowing her to serve for the last four years.
TOWN ADMINISTRATOR REPORT.
Town Administrator Machalek reiterated the thanks to candidates, and provided a timeline
for the implementation of 1A. He stated a number of power outages were caused by the
DR
A
F
T
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Board of Trustees – April 9, 2024 – Page 2
recent wind event and the Power & Communication Division continues to work to restore
power in various areas.
CONSENT AGENDA:
1. Bills.
2. Town Board Minutes dated March 26, 2024.
3. Resolution 30-24 Extending a Memorandum of Understanding with Headwaters
Economics Inc., Regarding Participation in the Community Planning Assistance for
Wildfire (CPAW) Program.
4. Estes Park Housing Authority Board of Directors Reappointment of Phil Frank to a
Term expiring April 30, 2029 and Appointment of Tariq Bhatti to complete the Term
of William Pinkham expiring April 30, 2027.
It was moved and seconded (Cenac/MacAlpine) to approve the Consent Agenda, and
it passed unanimously.
REPORTS AND DISCUSSION ITEMS: (Outside Entities).
1. 2023 BASE FUNDING REPORT FOR ESTES VALLEY CRISIS ADVOCATES
(EVCA). Program Director Fanucchi provided a report on the base and annual
funding for the EVCA. She highlighted their mission and history, the services they
provide, their area of coverage, funding, the new bicultural/bilingual advocate and
law enforcement liaison, and 2023 data including the demographics of served
clients, shelter nights, and volunteer hours. The Board discussed capacity
limitations, increases in needs, and the average length of stay in the safe house.
2. ESTES PARK HOUSING AUTHORITY (EPHA) EXPENDITURE OF 6E FUNDS
TO HABITAT FOR HUMANITY WORKFORCE HOUSING. Executive Director
Moulton presented the potential expenditure of 6E funds to purchase a deed
restriction for a home owned by Habitat of Humanity of the St. Vrain at 213 Big
Horn Drive. EPHA intends to roll out a deed restriction purchase program, but in
the interim, the expenditure of 6E funds for this deed restriction purchase must be
reviewed by the Town Board. He highlighted history of the property, components
of the deed restriction, and financial impacts. The Board discussed the size of the
property, cost of housing, restriction qualifications, review of qualifications at the
point of sale or change of hands of the property, retirement criteria, the
appreciation cap, a future deed restriction purchase program, the success of such
programs in other municipalities, and future rehabilitations of properties. The Board
stated support of the expenditure for the identified purchase by Habitat for
Humanity and reiterated Director Moulton’s statement that the program needs
refining before rolling out the program to the community.
LIQUOR ITEMS:
1. RESOLUTION 31-24 NEW TAVERN LIQUOR LICENSE FILED BY 3634 HIKE
LLC DBA BOGEY'S, 281 W. RIVERSIDE DRIVE, ESTES PARK, CO 80517.
Mayor Koenig opened the public hearing and Town Clerk Williamson presented
Resolution 31-24 for a new Tavern Liquor License. She stated the license would
be for a new building, reviewed the application for the license, stating all paperwork
and fees had been submitted, and the application has undergone concurrent
review. The applicants were aware of the Training for Intervention Procedures
(TIPS) requirement. The applicants provided an overview of the property, the
neighborhood which consists of a number of business and liquor establishments
as the surrounding area is zoned CD Commercial Downtown, construction plan
and timeline, the business operations, and scheduled TIPS training.
Mark Newman/Boulder resident and Town property owner/short term rental near
the proposed business spoke against the resolution stating neighborhood impacts.
He presented the Authority with a petition signed by 26 neighborhood residents
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Board of Trustees – April 9, 2024 – Page 3
within the immediate area, outlined impacts to neighborhood businesses and
public parking, and request the Board review the reasonable requirements of the
neighborhood. He requested if approved the Board consider restrictions to limit the
operating hours and strict noise ordinance standards.
John Meissner/Town citizen spoke regarding the number of liquor establishments
currently located on Moraine Avenue and stated concerns for parking impacts and
the location of food trucks as it relates to pedestrains accessing the location along
the highway.
Carolyn Newberry/Licensee responded to the petition and Board questions stating
conversations were had with the neighboring property owners and local
businesses in which support was heard. The business would contain
approximately 640 square feet of internal space and a maximum occupancy of 96.
The business anticipates patrons being pedestrains walking to the establishment.
The Board discussed residential and commercial neighborhood outreach,
operating hours, parking requirements, location for food trucks, outdoor noise, the
circulated petition, the increase of liquor establishments in Town, what the Board
can consider as the Liquor Licensing Authority, reasonable requirements of the
neighborhood, the permitted use in the zoning district, and the revocation and
suspension processes for a liquor license. Mayor Koenig closed the public hearing
and it was moved and seconded (Cenac/Martchink) to approve Resolution 31-
24, and it passed with Mayor Koenig and Trustees Lancaster and MacAlpine voting
“No”.
ACTION ITEMS:
1. RESOLUTION 32-24 SUPPLEMENTAL BUDGET APPROPRIATIONS #2 TO
THE 2024 BUDGET. Director Creamean provided an overview of the second
amendment to the 2024 budget which included the re-appropriation of
uncompleted 2023 purchase orders and projects already underway. At the end of
each year, the Town has purchases, contracts, or projects which were not
completed within the fiscal year and as part of a standard accounting process,
remaining funds are rolled over to the new fiscal year. It was moved and
seconded (Lancaster/MacAlpine) to approve Resolution 32-24, and it passed
unanimously.
2. ORDINANCE 06-24 AMENDING SECTION 5.3 OF THE ESTES PARK
DEVELOPMENT CODE REGARDING VEHICLE BASED ACCOMMODATIONS
FOR SEASONAL EMPLOYEES. Mayor Koenig opened the public hearing and
Planner Hornbeck presented Ordinance 06-24 to allow vehicle-based
accommodations (VBASE) for seasonal employees which was previously
discussed with the Town Board at study sessions held in May 2023 and February
2024. The pilot program would allow the permitted use of vehicle-based
accommodations on an employer’s property or another site owned by the
employer and zoned non-residential for employees working from May 1 – October
31 at a minimum of 30+ hours per week. The VBASE housing on commercial sites
may temporarily alleviate the workforce housing shortage, and assist with
recruitment and retention of workers during the summer season. He further
highlighted previous Board discussions, the cost of living in Estes Park, meetings
with Town departments and external entities, and components of the program.
The program would be evaluated after the 2024 season and discontinued if
unsuccessful or underutilized. The Board discussed the removal of enforcement
procedures, how authorities would gain access for complaint-based inspections,
and future use of Town owned property for Town seasonal employees.
Kent Smith/Town citizen spoke in favor of the ordinance and requested tiny
homes be included as an option.
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Board of Trustees – April 9, 2024 – Page 4
Mayor Koenig closed the public hearing and it was moved and seconded
(Younglund/Lancaster) to approve Ordinance 06-24, and it passed
unanimously.
3. RESOLUTION 33-24 MEMORANDUM OF UNDERSTANDING WITH THE
ESTES PARK HOUSING AUTHORITY (EPHA) FOR THE DEVELOPMENT OF
HOUSING AT THE FISH HATCHERY PROPERTY. Manager Bangs presented
Resolution 33-24 for a Memorandum of Understanding (MOU) with EPHA to lead
the first stage of predevelopment for the Fish Hatchery property to build additional
workforce housing. She provided background on the $2 million in ARPA funding
approved on March 12, 2024 to be used to reimburse EPHA for the
predevelopment work, previous discussions on EPHAs role in the Fish Hatchery
Workforce Housing Development project, components of the MOU, and
distribution of funds. The Board discussed public accessibility of the reports and
studies, and clarification on the level community outreach goals. It was moved
and seconded (Hazelton/MacAlpine) to approve Resolution 33-24, and it
passed unanimously.
4. ORDINANCE 07-24 AMENDING CHAPTER 14.12 OF THE ESTES PARK
MUNICIPAL CODE TO ADOPT THE 2021 EDITION OF THE INTERNATIONAL
PROPERTY MAINTENANCE CODE, WITH AMENDMENTS. Mayor Koenig
opened the public hearing and Town Administrator Machalek presented
Ordinance 07-24 to adopt and apply elements of the 2021 International Property
Maintenance Code, previously adopted by the Town Board to regulate
nonresidential structures, for all existing residential structures used for long-term
rentals. He stated staff would enforce the standards through a complaint-based
process. He highlighted concerns regarding the poor conditions of some rental
properties, previous Board discussions, enforcement procedures, financial and
staffing impacts, and a potential future program for unincorporated Larimer
County. More specifically, the Town’s Code Enforcement Officer would conduct
long-term rental housing inspections and elevate complaints to the Building
division as needed.
John Meissner/Town citizen and Kent Smith/Town citizen spoke in favor of the
Ordinance and requested the Town provide outreach to J-1 Visa seasonal
employees and an option for cease and desist.
Further discussion on potential outreach efforts was discussed by the Board.
Mayor Koenig closed the public hearing and it was moved and seconded
(MacAlpine/Martchink) to approve Ordinance 07-24, and it passed unanimously.
It was moved and seconded (MacAlpine/Hazelton) to extend the meeting past 10:00
p.m., and it passed unanimously.
5. ORDINANCE 08-24 TEMPORARY MORATORIUM ON NEW BED AND
BREAKFAST INN BUSINESS LICENSES. Mayor Koenig opened the public
hearing and Town Attorney Kramer presented Ordinance 08-24 for an additional
three-month moratorium on new bed & breakfast (B&B) licenses to allow the Town
Board time to review options for updating the definition and regulations for bed &
breakfast licenses. He highlighted previous discussions on B&B code updates.
The Board discussed the timeline of the Ordinance going into effect and timelines
for any future code changes, which would need to be approved by ordinance.
Mayor Koenig closed the public hearing and it was moved and seconded
(MacAlpine/Younglund) to approve Ordinance 08-24, and it passed
unanimously.
REPORTS AND DISCUSSION ITEMS:
1. BED & BREAKFAST CODE UPDATE.
Town Clerk Williamson presented a summary of the March 26, 2024 Town Board
discussion, provided four options for the grandfathering of currently licensed B&Bs,
and requested Board direction on requirements for renting to multiple parties.
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Option 1 would have no changes to the regulations, Option 2 would adopt all
proposed regulations with a grace period for current licenses to come into
compliance, Option 3 would partially grandfather current licenses until the property
is transferred and require a drawing and life safety inspection, and Option 4 would
grandfather current licenses until the property is transferred or no longer used as
a B&B. The Board discussed the options, the original intentions to regulate short
term rentals, creating a cap which includes vacation homes and B&Bs, the current
limitations on hosted vacation home rentals, transferability of short-term rentals,
fairness to waitlist vacation home applications, the ability to obtain a new B&B
license, the difference between the two license types, the impact of all short-term
rentals on workforce housing, and length of the grace period. The Board directed
staff to bring forward Option 2 for consideration after the new Town Board has
been seated.
Whereupon Mayor Koenig adjourned the meeting at 10:40 p.m.
Wendy Koenig, Mayor
Kimberly Disney, Recording Secretary
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Town of Estes Park, Larimer County, Colorado April 9, 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
Board Room in said Town of Estes Park on the 9th day of April, 2024.
Board: Mayor Koenig, Mayor Pro Tem Cenac, Trustees Hazelton,
Lancaster, MacAlpine, Martchink, and Younglund
Attending: Mayor Koenig, Mayor Pro Tem Cenac, Trustees Hazelton,
Lancaster, MacAlpine, Martchink and Younglund
Also Attending: Town Administrator Machalek, Deputy Town Administrator
Damweber, Town Attorney Kramer, and Deputy Town Clerk
Beers
Absent: None
Mayor Koenig called the meeting to order at 5:35 p.m.
ENCORE ARTS AND FAIRGROUNDS FACILITY RELOCATION COSTS.
The Stanley Park Master Plan update included design concepts for the possible
construction of a performing arts center on the Stanley Park Fairgrounds. At the
December 12, 2024 study session, the Fine Arts Guild stated interest in locating the
center on the Stanley Park Fairgrounds property. The Board directed staff to review
relocation of existing facilities and financial impacts and risks for the proposed project.
The proposal would bring a new attraction and asset to the arts community and general
public. Staff stated the main risk of constructing the project at the fairgrounds revolves
around the operationally sustainability of the center to meet assumptions and
projections outlined in the plan. Additionally, staff highlighted the opportunity cost of the
land currently used for larger horse and dog shows, festivals, rodeos and other events.
Relocation costs were estimated at $7.1 million comprised of start-up, demolition,
erosion control, site-work, utilities, barns, and roundabout expansion. Staff requested
Board direction on relocating facilities for the proposed project. Board discussion has
been summarized: whether existing pavilion stalls would be adequate to meet existing
needs; construction impacts; grant opportunities to offset costs; minimum costs directly
related to the proposal versus needed costs; whether staff identified community
financial impact to businesses and potential use of other fairgrounds areas including
parking to minimize impacts; more information was requested related to Fine Art Guild
contributions; the need for existing events outweighing the costs for relocating existing
facilities; considering a multi-level parking lot or sub-ground parking to maximize space;
the level of public outreach; and the importance of soliciting feedback from the public.
Town Administrator Machalek stated there would be no guarantee the master plan
would incorporate a performing arts center and staff would continue to evaluate options.
Board consensus was to direct staff to continue the Stanley Park Master Plan to include
performing arts center alternatives for consideration. Tim Phillips, Fine Arts Guild
representative stated the Guild would be available to discuss expenses, answer
questions, and proposed the Elm Road Town owned property as another option for a
performing arts center.
POWER OUTAGE OVERVIEW.
At the request of the Board, staff were directed to provide an overview of power outages
and response. Power & Communication staff operate 24/7 and prioritize response for
power outages. Advanced metering infrastructure (AMI) plays a vital role in response to
outages which also acts as an online, in-house, customer call tracking system used to
instantly share information, including an automated online power outage map. AMI has
reduced calls into the 911 emergency dispatch center and expedited repairs. Line
Superintendent Lockhart reviewed a presentation and highlighted the definition of an
‘outage’, scheduled versus unscheduled outages, tracking improvements, data trends
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Town Board Study Session – April 9, 2024 – Page 2
and use, reliability indicators, and metrics. In 2023, the Town received the Public Power
Association Certificate of Excellence in Reliability by exceeding the 5-year average for
all US electric utilities for reliable electric service. Board discussion has been
summarized: whether the new tree cable has minimized wind related impacts in
Allenspark; if downed lines have created spark concerns, and whether the Town has
considered proactive power terminations during red flag warnings. Staff stated concerns
for a total shut off during red flag warnings primarily due to safety should downed lines
be across a home or in public right of ways and delays to service repairs. Staff
reiterated the value of the AMI and the ability it provides to identify impacted area which
has improved monitoring and response.
TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS.
None.
FUTURE STUDY SESSION AGENDA ITEMS.
Town Administrator Machalek requested and it was determined to add the Governance
Orientation to Approved/Unscheduled anticipated for May 14, 2024 and the Big Horn
Parking Structure Design Considerations for 3rd and 4th levels to May 14, 2024.
There being no further business, Mayor Koenig adjourned the meeting at 6:43 p.m.
Bunny Victoria Beers, Deputy Town Clerk
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Page 22
PUBLIC WORKS Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Dana Klein, Parking & Transit Manager
Greg Muhonen, PE, Public Works Director
Date: April 23, 2024
RE: Resolution 34-24 Intergovernmental Agreement for 2024 Fiscal Year
Certifications and Assurances as required for Federal Transit
Administration Funding for Public Transportation with CDOT
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER
QUASI-JUDICIAL YES NO
Objective:
Adoption of Resolution 34-24, which approves an Intergovernmental Agreement (IGA)
with the Colorado Department of Transportation (CDOT) for Fiscal Year (FY) 2024
Certifications and Assurances required by the Federal Transit Administration (FTA) for
recipients of FTA funding for public transportation.
Present Situation:
Before the FTA may award federal assistance for public transportation in the form of a
federal grant, cooperative agreement, loan, line of credit, or loan guarantee, certain pre-
award agency (Town) Certifications and Assurances are required. CDOT has requested
that each agency (Town) review the Certification and Assurance overview and select
those categories that will apply to any application for which the agency (Town) might
seek or receive federal assistance from FTA during the fiscal year listed (FY 2024).
Because the FTA’s annual Certification and Assurance overview contains various
agreements and commitments, it requires Town Board approval as an IGA under Town
Policy 1101.
Proposal:
Public Works staff propose that the Town Board authorize the Parking & Transit
Manager to complete and submit the FY 2024 Certifications and Assurances, as
required by the FTA, using CDOT’s online document management portal COTRAMS.
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Advantages:
•By completing the requested FY 2024 Certifications and Assurances, the Town
will ensure that it remains in compliance with State and Federal requirements for
agencies that receive grant funding for public transportation projects.
•Completing the requested FY 2024 Certifications and Assurances secures Town
eligibility to receive FTA grant funding for reimbursement for several existing
projects (e.g., trolley barn facility) and allows the Town to receive the FY 2024
FTA 5311 (in the amount of $100,000), which has already been awarded.
Disadvantages:
•Accepting and processing Federal grants adds administrative workload to several
departments, including Public Works, Finance, and Administrative Services;
however, these staff teams are well-versed at managing FTA grant funding of
this type.
Action Recommended:
Public Works staff recommend approval of Resolution 34-24.
Finance/Resource Impact:
This item does not require funding or resources from the Town.
Level of Public Interest
Public interest in this item is low.
Sample Motion:
I move to approve/deny Resolution 34-24.
Attachments:
1.Resolution 34-24
2.FY 2024 FTA Certification & Assurances Form & Checklist
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RESOLUTION 34-24
APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE COLORADO
DEPARTMENT OF TRANSPORTATION FOR FISCAL YEAR 2024 CERTIFICATIONS
AND ASSURANCES AS REQUIRED BY THE FEDERAL TRANSIT ADMINISTRATION
(FTA) FOR RECEIPIENTS OF FTA FUNDING FOR PUBLIC TRANSPORTATION
WHEREAS, the Town Board desires to enter into the intergovernmental
agreement referenced in the title of this resolution for the purpose of receiving FY 2024
grant funding for public transportation in Estes Park from the Federal Transit
Administration.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board approves, and authorizes the Mayor to sign, the intergovernmental
agreement referenced in the title of this resolution in substantially the form now before
the Board.
DATED this day of , 2024.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Attachment 1
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Certifications and Assurances Fiscal Year 2024
1
Not every provision of every certification will apply to every applicant or award. If a provision
of a certification does not apply to the applicant or its award, FTA will not enforce that
provision.
Text in italic is guidance to the public. It does not have the force and effect of law, and is not
meant to bind the public in any way. It is intended only to provide clarity to the public regarding
existing requirements under the law or agency policies.
CATEGORY 1. CERTIFICATIONS AND ASSURANCES REQUIRED OF EVERY
APPLICANT.
All applicants must make the certifications in this category.
1.1. Standard Assurances.
The certifications in this subcategory appear as part of the applicant’s registration or annual
registration renewal in the System for Award Management (SAM.gov) and on the Office of
Management and Budget’s standard form 424B “Assurances—Non-Construction Programs”.
This certification has been modified in places to include analogous certifications required by
U.S. DOT statutes or regulations.
As the duly authorized representative of the applicant, you certify that the applicant:
(a)Has the legal authority to apply for Federal assistance and the institutional, managerial
and financial capability (including funds sufficient to pay the non-Federal share of project
cost) to ensure proper planning, management and completion of the project described in
this application.
(b)Will give the awarding agency, the Comptroller General of the United States and, if
appropriate, the State, through any authorized representative, access to and the right to
examine all records, books, papers, or documents related to the award; and will establish
a proper accounting system in accordance with generally accepted accounting standards
or agency directives.
(c)Will establish safeguards to prohibit employees from using their positions for a purpose
that constitutes or presents the appearance of personal or organizational conflict of
interest, or personal gain.
(d)Will initiate and complete the work within the applicable time frame after receipt of
approval of the awarding agency.
(e)Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§ 4728–
4763) relating to prescribed standards for merit systems for programs funded under one
of the 19 statutes or regulations specified in Appendix A of OPM’s Standards for a Merit
System of Personnel Administration (5 CFR 900, Subpart F).
Attachment 2
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Certifications and Assurances Fiscal Year 2024
2
(f) Will comply with all Federal statutes relating to nondiscrimination. These include but are
not limited to:
(1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits
discrimination on the basis of race, color or national origin, as effectuated by U.S.
DOT regulation 49 CFR Part 21;
(2) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681–
1683, and 1685–1686), which prohibits discrimination on the basis of sex, as
effectuated by U.S. DOT regulation 49 CFR Part 25;
(3) Section 5332 of the Federal Transit Law (49 U.S.C. § 5332), which prohibits any
person being excluded from participating in, denied a benefit of, or discriminated
against under, a project, program, or activity receiving financial assistance from
FTA because of race, color, religion, national origin, sex, disability, or age.
(4) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794),
which prohibits discrimination on the basis of handicaps, as effectuated by U.S.
DOT regulation 49 CFR Part 27;
(5) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101–6107),
which prohibits discrimination on the basis of age;
(6) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse;
(7) The comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (P.L. 91–616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism;
(8) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§ 290
dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug
abuse patient records;
(9) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), as
amended, relating to nondiscrimination in the sale, rental, or financing of housing;
(10) Any other nondiscrimination provisions in the specific statute(s) under which
application for Federal assistance is being made; and,
(11) the requirements of any other nondiscrimination statute(s) which may apply to the
application.
(g) Will comply, or has already complied, with the requirements of Titles II and III of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
(“Uniform Act”) (P.L. 91-646) which provide for fair and equitable treatment of persons
displaced or whose property is acquired as a result of Federal or federally-assisted
programs. These requirements apply to all interests in real property acquired for project
purposes regardless of Federal participation in purchases. The requirements of the
Uniform Act are effectuated by U.S. DOT regulation 49 CFR Part 24.
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Certifications and Assurances Fiscal Year 2024
3
(h) Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§ 1501–1508
and 7324–7328) which limit the political activities of employees whose principal
employment activities are funded in whole or in part with Federal funds.
(i) Will comply, as applicable, with the provisions of the Davis–Bacon Act (40 U.S.C.
§§ 276a to 276a-7), the Copeland Act (40 U.S.C. § 276c and 18 U.S.C. § 874), and the
Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327–333), regarding labor
standards for federally assisted construction subagreements.
(j) Will comply, if applicable, with flood insurance purchase requirements of Section 102(a)
of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a
special flood hazard area to participate in the program and to purchase flood insurance if
the total cost of insurable construction and acquisition is $10,000 or more.
(k) Will comply with environmental standards which may be prescribed pursuant to the
following:
(1) Institution of environmental quality control measures under the National
Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO)
11514;
(2) Notification of violating facilities pursuant to EO 11738;
(3) Protection of wetlands pursuant to EO 11990;
(4) Evaluation of flood hazards in floodplains in accordance with EO 11988;
(5) Assurance of project consistency with the approved State management program
developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451
et seq.);
(6) Conformity of Federal actions to State (Clean Air) Implementation Plans under
Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§ 7401 et
seq.);
(7) Protection of underground sources of drinking water under the Safe Drinking
Water Act of 1974, as amended (P.L. 93-523); and
(8) Protection of endangered species under the Endangered Species Act of 1973, as
amended (P.L. 93–205).
(l) Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.)
related to protecting components or potential components of the national wild and scenic
rivers system.
(m) Will assist the awarding agency in assuring compliance with Section 106 of the National
Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), EO 11593
(identification and protection of historic properties), and the Archaeological and Historic
Preservation Act of 1974 (16 U.S.C. §§ 469a-1 et seq.).
(n) Will comply with P.L. 93-348 regarding the protection of human subjects involved in
research, development, and related activities supported by this award of assistance.
(o) Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended,
7 U.S.C. §§ 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded
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Certifications and Assurances Fiscal Year 2024
4
animals held for research, teaching, or other activities supported by this award of
assistance.
(p) Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et
seq.) which prohibits the use of lead-based paint in construction or rehabilitation of
residence structures.
(q) Will cause to be performed the required financial and compliance audits in accordance
with the Single Audit Act Amendments of 1996 and 2 CFR Part 200, Subpart F, “Audit
Requirements”, as adopted and implemented by U.S. DOT at 2 CFR Part 1201.
(r) Will comply with all applicable requirements of all other Federal laws, executive orders,
regulations, and policies governing the program under which it is applying for assistance.
(s) Will comply with the requirements of Section 106(g) of the Trafficking Victims
Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104) which prohibits grant
award recipients or a subrecipient from:
(1) Engaging in severe forms of trafficking in persons during the period of time that
the award is in effect;
(2) Procuring a commercial sex act during the period of time that the award is in
effect; or
(3) Using forced labor in the performance of the award or subawards under the
award.
1.2. Standard Assurances: Additional Assurances for Construction Projects.
This certification appears on the Office of Management and Budget’s standard form 424D
“Assurances—Construction Programs” and applies specifically to federally assisted projects for
construction. This certification has been modified in places to include analogous certifications
required by U.S. DOT statutes or regulations.
As the duly authorized representative of the applicant, you certify that the applicant:
(a) Will not dispose of, modify the use of, or change the terms of the real property title or
other interest in the site and facilities without permission and instructions from the
awarding agency; will record the Federal awarding agency directives; and will include a
covenant in the title of real property acquired in whole or in part with Federal assistance
funds to assure nondiscrimination during the useful life of the project.
(b) Will comply with the requirements of the assistance awarding agency with regard to the
drafting, review, and approval of construction plans and specifications.
(c) Will provide and maintain competent and adequate engineering supervision at the
construction site to ensure that the complete work confirms with the approved plans and
specifications, and will furnish progressive reports and such other information as may be
required by the assistance awarding agency or State.
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Certifications and Assurances Fiscal Year 2024
5
1.3. Procurement.
The Uniform Administrative Requirements, 2 CFR § 200.325, allow a recipient to self-certify
that its procurement system complies with Federal requirements, in lieu of submitting to certain
pre-procurement reviews.
The applicant certifies that its procurement system complies with:
(a) U.S. DOT regulations, “Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards,” 2 CFR Part 1201, which incorporates by
reference U.S. OMB regulatory guidance, “Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards,” 2 CFR Part 200, particularly 2
CFR §§ 200.317–200.327 “Procurement Standards;
(b) Federal laws, regulations, and requirements applicable to FTA procurements; and
(c) The latest edition of FTA Circular 4220.1 and other applicable Federal guidance.
1.4. Suspension and Debarment.
Pursuant to Executive Order 12549, as implemented at 2 CFR Parts 180 and 1200, prior to
entering into a covered transaction with an applicant, FTA must determine whether the applicant
is excluded from participating in covered non-procurement transactions. For this purpose, FTA
is authorized to collect a certification from each applicant regarding the applicant’s exclusion
status. 2 CFR § 180.300. Additionally, each applicant must disclose any information required by
2 CFR § 180.335 about the applicant and the applicant’s principals prior to entering into an
award agreement with FTA. This certification serves both purposes.
The applicant certifies, to the best of its knowledge and belief, that the applicant and each of its
principals:
(a) Is not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily or involuntarily excluded from covered transactions by any Federal
department or agency;
(b) Has not, within the preceding three years, been convicted of or had a civil judgment
rendered against him or her for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public or private agreement or
transaction; violation of Federal or State antitrust statutes, including those proscribing
price fixing between competitors, allocation of customers between competitors, and bid
rigging; commission of embezzlement, theft, forgery, bribery, falsification or destruction
of records, making false statements, tax evasion, receiving stolen property, making false
claims, or obstruction of justice; or commission of any other offense indicating a lack of
business integrity or business honesty;
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Certifications and Assurances Fiscal Year 2024
6
(c) Is not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State, or local) with commission of any offense described in paragraph
(b) of this certification;
(d) Has not, within the preceding three years, had one or more public transactions (Federal,
State, or local) terminated for cause or default.
1.5. Coronavirus Response and Relief Supplemental Appropriations Act, 2021, and
CARES Act Funding.
The applicant certifies:
(a) To the maximum extent possible, funds made available under title IV of division M of the
Consolidated Appropriations Act, 2021 (Public Law 116–260), and in title XII of division
B of the CARES Act (Public Law 116–136; 134 Stat. 599) shall be directed to payroll
and operations of public transit (including payroll and expenses of private providers of
public transportation); or
(b) The applicant certifies that the applicant has not furloughed any employees.
1.6. American Rescue Plan Act Funding.
The applicant certifies:
(a) Funds made available by Section 3401(a)(2)(A) of the American Rescue Plan Act of
2021 (Public Law 117-2) shall be directed to payroll and operations of public
transportation (including payroll and expenses of private providers of public
transportation); or
(b) The applicant certifies that the applicant has not furloughed any employees.
CATEGORY 2. PUBLIC TRANSPORTATION AGENCY SAFETY PLANS
This certification is required of each applicant under the Urbanized Area Formula Grants
Program (49 U.S.C. § 5307), each rail operator that is subject to FTA’s state safety oversight
programs, and each State that is required to draft and certify a Public Transportation Agency
Safety Plan on behalf of a Small Public Transportation Provider (as that term is defined at 49
CFR § 673.5) pursuant to 49 CFR § 673.11(d).
This certification is required by 49 U.S.C. § 5307(c)(1)(L), 49 U.S.C. § 5329(d)(1), and 49 CFR
§ 673.13. This certification is a condition of receipt of Urbanized Area Formula Grants Program
(49 U.S.C. § 5307) funding.
This certification does not apply to any applicant that only receives financial assistance from
FTA under the Formula Grants for the Enhanced Mobility of Seniors Program (49 U.S.C.
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§ 5310), the Formula Grants for Rural Areas Program (49 U.S.C. § 5311), or combination of
these two programs, unless it operates a rail fixed guideway public transportation system.
If the applicant is an operator, the applicant certifies that it has established a Public
Transportation Agency Safety Plan meeting the requirements of 49 U.S.C. § 5329(d)(1) and
49 CFR Part 673; including, specifically, that the board of directors (or equivalent entity) of the
applicant has approved, or, in the case of an applicant that will apply for assistance under 49
U.S.C. § 5307 that is serving an urbanized area with a population of 200,000 or more, the safety
committee of the entity established under 49 U.S.C. § 5329(d)(5), followed by the board of
directors (or equivalent entity) of the applicant has approved, the Public Transportation Agency
Safety Plan or any updates thereto; and, for each recipient serving an urbanized area with a
population of fewer than 200,000, that the Public Transportation Agency Safety Plan has been
developed in cooperation with frontline employee representatives.
If the applicant is a State that drafts and certifies a Public Transportation Agency Safety Plan on
behalf of a public transportation operator, the applicant certifies that:
(a) It has drafted and certified a Public Transportation Agency Safety Plan meeting the
requirements of 49 U.S.C. § 5329(d)(1) and 49 CFR Part 673 for each Small Public
Transportation Provider (as that term is defined at 49 CFR § 673.5) in the State, unless
the Small Public Transportation Provider provided notification to the State that it was
opting out of the State-drafted plan and drafting its own Public Transportation Agency
Safety Plan; and
(b) Each Small Public Transportation Provider within the State that opts to use a State-
drafted Public Transportation Agency Safety Plan has a plan that has been approved by
the provider’s Accountable Executive (as that term is defined at 49 CFR § 673.5), Board
of Directors or Equivalent Authority (as that term is defined at 49 CFR § 673.5), and, if
the Small Public Transportation Provider serves an urbanized area with a population of
200,000 or more, the safety committee of the Small Public Transportation Provider
established under 49 U.S.C. § 5329(d)(5).
CATEGORY 3. TAX LIABILITY AND FELONY CONVICTIONS.
If the applicant is a business association (regardless of for-profit, not for-profit, or tax exempt
status), it must make this certification. Federal appropriations acts since at least 2014 have
prohibited FTA from using funds to enter into an agreement with any corporation that has
unpaid Federal tax liabilities or recent felony convictions without first considering the
corporation for debarment. E.g., Consolidated Appropriations Act, 2023, Pub. L. 117-328,
div. E, tit. VII, §§ 744–745. U.S. DOT Order 4200.6 defines a “corporation” as “any private
corporation, partnership, trust, joint-stock company, sole proprietorship, or other business
association”, and applies the restriction to all tiers of subawards. As prescribed by U.S. DOT
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Order 4200.6, FTA requires each business association applicant to certify as to its tax and
felony status.
If the applicant is a private corporation, partnership, trust, joint-stock company, sole
proprietorship, or other business association, the applicant certifies that:
(a) It has no unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is not being paid in
a timely manner pursuant to an agreement with the authority responsible for collecting
the tax liability; and
(b) It has not been convicted of a felony criminal violation under any Federal law within the
preceding 24 months.
CATEGORY 4. LOBBYING.
If the applicant will apply for a grant or cooperative agreement exceeding $100,000, or a loan,
line of credit, loan guarantee, or loan insurance exceeding $150,000, it must make the following
certification and, if applicable, make a disclosure regarding the applicant’s lobbying activities.
This certification is required by 49 CFR § 20.110 and app. A to that part.
This certification does not apply to an applicant that is an Indian Tribe, Indian organization, or
an Indian tribal organization exempt from the requirements of 49 CFR Part 20.
4.1. Certification for Contracts, Grants, Loans, and Cooperative Agreements.
The undersigned certifies, to the best of his or her knowledge and belief, that:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any Federal contract, grant, loan, or cooperative agreement.
(b) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure
Form to Report Lobbying,” in accordance with its instructions.
(c) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
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contracts under grants, loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
4.2. Statement for Loan Guarantees and Loan Insurance.
The undersigned states, to the best of his or her knowledge and belief, that:
If any funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with this commitment
providing for the United States to insure or guarantee a loan, the undersigned shall complete and
submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its
instructions.
Submission of this statement is a prerequisite for making or entering into this transaction
imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
CATEGORY 5. PRIVATE SECTOR PROTECTIONS.
If the applicant will apply for funds that it will use to acquire or operate public transportation
facilities or equipment, the applicant must make the following certification regarding protections
for the private sector.
5.1. Charter Service Agreement.
To enforce the provisions of 49 U.S.C. § 5323(d), FTA’s charter service regulation requires each
applicant seeking assistance from FTA for the purpose of acquiring or operating any public
transportation equipment or facilities to make the following Charter Service Agreement. 49 CFR
§ 604.4.
The applicant agrees that it, and each of its subrecipients, and third party contractors at any level
who use FTA-funded vehicles, may provide charter service using equipment or facilities
acquired with Federal assistance authorized under the Federal Transit Laws only in compliance
with the regulations set out in 49 CFR Part 604, the terms and conditions of which are
incorporated herein by reference.
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5.2. School Bus Agreement.
To enforce the provisions of 49 U.S.C. § 5323(f), FTA’s school bus regulation requires each
applicant seeking assistance from FTA for the purpose of acquiring or operating any public
transportation equipment or facilities to make the following agreement regarding the provision
of school bus services. 49 CFR § 605.15.
(a) If the applicant is not authorized by the FTA Administrator under 49 CFR § 605.11 to
engage in school bus operations, the applicant agrees and certifies as follows:
(1) The applicant and any operator of project equipment agrees that it will not engage
in school bus operations in competition with private school bus operators.
(2) The applicant agrees that it will not engage in any practice which constitutes a
means of avoiding the requirements of this agreement, part 605 of the Federal
Mass Transit Regulations, or section 164(b) of the Federal-Aid Highway Act of
1973 (49 U.S.C. 1602a(b)).
(b) If the applicant is authorized or obtains authorization from the FTA Administrator to
engage in school bus operations under 49 CFR § 605.11, the applicant agrees as follows:
(1) The applicant agrees that neither it nor any operator of project equipment will
engage in school bus operations in competition with private school bus operators
except as provided herein.
(2) The applicant, or any operator of project equipment, agrees to promptly notify the
FTA Administrator of any changes in its operations which might jeopardize the
continuation of an exemption under § 605.11.
(3) The applicant agrees that it will not engage in any practice which constitutes a
means of avoiding the requirements of this agreement, part 605 of the Federal
Transit Administration regulations or section 164(b) of the Federal-Aid Highway
Act of 1973 (49 U.S.C. 1602a(b)).
(4) The applicant agrees that the project facilities and equipment shall be used for the
provision of mass transportation services within its urban area and that any other
use of project facilities and equipment will be incidental to and shall not interfere
with the use of such facilities and equipment in mass transportation service to the
public.
CATEGORY 6. TRANSIT ASSET MANAGEMENT PLAN.
If the applicant owns, operates, or manages capital assets used to provide public transportation,
the following certification is required by 49 U.S.C. § 5326(a).
The applicant certifies that it is in compliance with 49 CFR Part 625.
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CATEGORY 7. ROLLING STOCK BUY AMERICA REVIEWS AND BUS TESTING.
7.1. Rolling Stock Buy America Reviews.
If the applicant will apply for an award to acquire rolling stock for use in revenue service, it
must make this certification. This certification is required by 49 CFR § 663.7.
The applicant certifies that it will conduct or cause to be conducted the pre-award and post-
delivery audits prescribed by 49 CFR Part 663 and will maintain on file the certifications
required by Subparts B, C, and D of 49 CFR Part 663.
7.2. Bus Testing.
If the applicant will apply for funds for the purchase or lease of any new bus model, or any bus
model with a major change in configuration or components, the applicant must make this
certification. This certification is required by 49 CFR § 665.7.
The applicant certifies that the bus was tested at the Bus Testing Facility and that the bus
received a passing test score as required by 49 CFR Part 665. The applicant has received or will
receive the appropriate full Bus Testing Report and any applicable partial testing reports before
final acceptance of the first vehicle.
CATEGORY 8. URBANIZED AREA FORMULA GRANTS PROGRAM.
If the applicant will apply for an award under the Urbanized Area Formula Grants Program
(49 U.S.C. § 5307), or any other program or award that is subject to the requirements of
49 U.S.C. § 5307, including the Formula Grants for the Enhanced Mobility of Seniors Program
(49 U.S.C. § 5310); “flex funds” from infrastructure programs administered by the Federal
Highways Administration (see 49 U.S.C. § 5334(i)); projects that will receive an award
authorized by the Transportation Infrastructure Finance and Innovation Act (“TIFIA”)
(23 U.S.C. §§ 601–609) or State Infrastructure Bank Program (23 U.S.C. § 610) (see 49 U.S.C.
§ 5323(o)); formula awards or competitive awards to urbanized areas under the Grants for
Buses and Bus Facilities Program (49 U.S.C. § 5339(a) and (b)); or low or no emission awards
to any area under the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339(c)), the
applicant must make the following certification. This certification is required by 49 U.S.C.
§ 5307(c)(1).
The applicant certifies that it:
(a) Has or will have the legal, financial, and technical capacity to carry out the program of
projects (developed pursuant 49 U.S.C. § 5307(b)), including safety and security aspects
of the program;
(b) Has or will have satisfactory continuing control over the use of equipment and facilities;
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(c) Will maintain equipment and facilities in accordance with the applicant’s transit asset
management plan;
(d) Will ensure that, during non-peak hours for transportation using or involving a facility or
equipment of a project financed under this section, a fare that is not more than 50 percent
of the peak hour fare will be charged for any—
(1) Senior;
(2) Individual who, because of illness, injury, age, congenital malfunction, or any
other incapacity or temporary or permanent disability (including an individual
who is a wheelchair user or has semi-ambulatory capability), cannot use a public
transportation service or a public transportation facility effectively without special
facilities, planning, or design; and
(3) Individual presenting a Medicare card issued to that individual under title II or
XVIII of the Social Security Act (42 U.S.C. §§ 401 et seq., and 1395 et seq.);
(e) In carrying out a procurement under 49 U.S.C. § 5307, will comply with 49 U.S.C.
§§ 5323 (general provisions) and 5325 (contract requirements);
(f) Has complied with 49 U.S.C. § 5307(b) (program of projects requirements);
(g) Has available and will provide the required amounts as provided by 49 U.S.C. § 5307(d)
(cost sharing);
(h) Will comply with 49 U.S.C. §§ 5303 (metropolitan transportation planning) and 5304
(statewide and nonmetropolitan transportation planning);
(i) Has a locally developed process to solicit and consider public comment before raising a
fare or carrying out a major reduction of transportation;
(j) Either—
(1) Will expend for each fiscal year for public transportation security projects,
including increased lighting in or adjacent to a public transportation system
(including bus stops, subway stations, parking lots, and garages), increased
camera surveillance of an area in or adjacent to that system, providing an
emergency telephone line to contact law enforcement or security personnel in an
area in or adjacent to that system, and any other project intended to increase the
security and safety of an existing or planned public transportation system, at least
1 percent of the amount the recipient receives for each fiscal year under 49 U.S.C.
§ 5336; or
(2) Has decided that the expenditure for security projects is not necessary;
(k) In the case of an applicant for an urbanized area with a population of not fewer than
200,000 individuals, as determined by the Bureau of the Census, will submit an annual
report listing projects carried out in the preceding fiscal year under 49 U.S.C. § 5307 for
associated transit improvements as defined in 49 U.S.C. § 5302; and
(l) Will comply with 49 U.S.C. § 5329(d) (public transportation agency safety plan).
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CATEGORY 9. FORMULA GRANTS FOR RURAL AREAS.
If the applicant will apply for funds made available to it under the Formula Grants for Rural
Areas Program (49 U.S.C. § 5311), it must make this certification. Paragraph (a) of this
certification helps FTA make the determinations required by 49 U.S.C. § 5310(b)(2)(C).
Paragraph (b) of this certification is required by 49 U.S.C. § 5311(f)(2). Paragraph (c) of this
certification, which applies to funds apportioned for the Appalachian Development Public
Transportation Assistance Program, is necessary to enforce the conditions of 49 U.S.C.
§ 5311(c)(2)(D).
(a) The applicant certifies that its State program for public transportation service projects,
including agreements with private providers for public transportation service—
(1) Provides a fair distribution of amounts in the State, including Indian reservations;
and
(2) Provides the maximum feasible coordination of public transportation service
assisted under 49 U.S.C. § 5311 with transportation service assisted by other
Federal sources; and
(b) If the applicant will in any fiscal year expend less than 15% of the total amount made
available to it under 49 U.S.C. § 5311 to carry out a program to develop and support
intercity bus transportation, the applicant certifies that it has consulted with affected
intercity bus service providers, and the intercity bus service needs of the State are being
met adequately.
(c) If the applicant will use for a highway project amounts that cannot be used for operating
expenses authorized under 49 U.S.C. § 5311(c)(2) (Appalachian Development Public
Transportation Assistance Program), the applicant certifies that—
(1) It has approved the use in writing only after providing appropriate notice and an
opportunity for comment and appeal to affected public transportation providers;
and
(2) It has determined that otherwise eligible local transit needs are being addressed.
CATEGORY 10. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS AND THE
EXPEDITED PROJECT DELIVERY FOR CAPITAL INVESTMENT GRANTS
PILOT PROGRAM.
If the applicant will apply for an award under any subsection of the Fixed Guideway Capital
Investment Program (49 U.S.C. § 5309), including an award made pursuant to the FAST Act’s
Expedited Project Delivery for Capital Investment Grants Pilot Program (Pub. L. 114-94, div. A,
title III, § 3005(b)), the applicant must make the following certification. This certification is
required by 49 U.S.C. § 5309(c)(2) and Pub. L. 114-94, div. A, title III, § 3005(b)(3)(B).
The applicant certifies that it:
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(a) Has or will have the legal, financial, and technical capacity to carry out its Award,
including the safety and security aspects of that Award,
(b) Has or will have satisfactory continuing control over the use of equipment and facilities
acquired or improved under its Award.
(c) Will maintain equipment and facilities acquired or improved under its Award in
accordance with its transit asset management plan; and
(d) Will comply with 49 U.S.C. §§ 5303 (metropolitan transportation planning) and 5304
(statewide and nonmetropolitan transportation planning).
CATEGORY 11. GRANTS FOR BUSES AND BUS FACILITIES AND LOW OR NO
EMISSION VEHICLE DEPLOYMENT GRANT PROGRAMS.
If the applicant is in an urbanized area and will apply for an award under subsection (a)
(formula grants), subsection (b) (buses and bus facilities competitive grants), or subsection (c)
(low or no emissions grants) of the Grants for Buses and Bus Facilities Program (49 U.S.C.
§ 5339), the applicant must make the certification in Category 8 for Urbanized Area Formula
Grants (49 U.S.C. § 5307). This certification is required by 49 U.S.C. § 5339(a)(3), (b)(6), and
(c)(3), respectively.
If the applicant is in a rural area and will apply for an award under subsection (a) (formula
grants), subsection (b) (bus and bus facilities competitive grants), or subsection (c) (low or no
emissions grants) of the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339), the
applicant must make the certification in Category 9 for Formula Grants for Rural Areas
(49 U.S.C. § 5311). This certification is required by 49 U.S.C. § 5339(a)(3), (b)(6), and (c)(3),
respectively.
Making this certification will incorporate by reference the applicable certifications in
Category 8 or Category 9.
If the applicant will receive a competitive award under subsection (b) (buses and bus facilities
competitive grants), or subsection (c) (low or no emissions grants) of the Grants for Buses and
Bus Facilities Program (49 U.S.C. § 5339) related to zero emissions vehicles or related
infrastructure, it must make the following certification. This certification is required by 49
U.S.C. § 5339(d).
The applicant will use 5 percent of grants related to zero emissions vehicles (as defined in
subsection (c)(1)) or related infrastructure under subsection (b) or (c) to fund workforce
development training as described in section 49 U.S.C. § 5314(b)(2) (including registered
apprenticeships and other labor-management training programs) under the recipient’s plan to
address the impact of the transition to zero emission vehicles on the applicant’s current
workforce; or the applicant certifies a smaller percentage is necessary to carry out that plan.
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CATEGORY 12. ENHANCED MOBILITY OF SENIORS AND INDIVIDUALS WITH
DISABILITIES PROGRAMS.
If the applicant will apply for an award under the Formula Grants for the Enhanced Mobility of
Seniors and Individuals with Disabilities Program (49 U.S.C. § 5310), it must make the
certification in Category 8 for Urbanized Area Formula Grants (49 U.S.C. § 5307). This
certification is required by 49 U.S.C. § 5310(e)(1). Making this certification will incorporate by
reference the certification in Category 8, except that FTA has determined that (d), (f), (i), (j), and
(k) of Category 8 do not apply to awards made under 49 U.S.C. § 5310 and will not be enforced.
In addition to the certification in Category 8, the applicant must make the following certification
that is specific to the Formula Grants for the Enhanced Mobility of Seniors and Individuals with
Disabilities Program. This certification is required by 49 U.S.C. § 5310(e)(2).
The applicant certifies that:
(a) The projects selected by the applicant are included in a locally developed, coordinated
public transit-human services transportation plan;
(b) The plan described in clause (a) was developed and approved through a process that
included participation by seniors, individuals with disabilities, representatives of public,
private, and nonprofit transportation and human services providers, and other members of
the public;
(c) To the maximum extent feasible, the services funded under 49 U.S.C. § 5310 will be
coordinated with transportation services assisted by other Federal departments and
agencies, including any transportation activities carried out by a recipient of a grant from
the Department of Health and Human Services; and
(d) If the applicant will allocate funds received under 49 U.S.C. § 5310 to subrecipients, it
will do so on a fair and equitable basis.
CATEGORY 13. STATE OF GOOD REPAIR GRANTS.
If the applicant will apply for an award under FTA’s State of Good Repair Grants Program
(49 U.S.C. § 5337), it must make the following certification. Because FTA generally does not
review the transit asset management plans of public transportation providers, the asset
management certification is necessary to enforce the provisions of 49 U.S.C. § 5337(a)(4). The
certification with regard to acquiring restricted rail rolling stock is required by 49 U.S.C.
§ 5323(u)(4). Note that this certification is not limited to the use of Federal funds.
The applicant certifies that the projects it will carry out using assistance authorized by the State
of Good Repair Grants Program, 49 U.S.C. § 5337, are aligned with the applicant’s most recent
transit asset management plan and are identified in the investment and prioritization section of
such plan, consistent with the requirements of 49 CFR Part 625.
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If the applicant operates a rail fixed guideway service, the applicant certifies that, in the fiscal
year for which an award is available to the applicant under the State of Good Repair Grants
Program, 49 U.S.C. § 5337, the applicant will not award any contract or subcontract for the
procurement of rail rolling stock for use in public transportation with a rail rolling stock
manufacturer described in 49 U.S.C. § 5323(u)(1).
CATEGORY 14. INFRASTRUCTURE FINANCE PROGRAMS.
If the applicant will apply for an award for a project that will include assistance under the
Transportation Infrastructure Finance and Innovation Act (“TIFIA”) Program (23 U.S.C.
§§ 601–609) or the State Infrastructure Banks (“SIB”) Program (23 U.S.C. § 610), it must make
the certifications in Category 8 for the Urbanized Area Formula Grants Program, Category 10
for the Fixed Guideway Capital Investment Grants program, and Category 13 for the State of
Good Repair Grants program. These certifications are required by 49 U.S.C. § 5323(o).
Making this certification will incorporate the certifications in Categories 8, 10, and 13 by
reference.
CATEGORY 15. ALCOHOL AND CONTROLLED SUBSTANCES TESTING.
If the applicant will apply for an award under FTA’s Urbanized Area Formula Grants Program
(49 U.S.C. § 5307), Fixed Guideway Capital Investment Program (49 U.S.C. § 5309), Formula
Grants for Rural Areas Program (49 U.S.C. § 5311), or Grants for Buses and Bus Facilities
Program (49 U.S.C. § 5339) programs, the applicant must make the following certification. The
applicant must make this certification on its own behalf and on behalf of its subrecipients and
contractors. This certification is required by 49 CFR § 655.83.
The applicant certifies that it, its subrecipients, and its contractors are compliant with FTA’s
regulation for the Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations,
49 CFR Part 655.
CATEGORY 16. RAIL SAFETY TRAINING AND OVERSIGHT.
If the applicant is a State with at least one rail fixed guideway system, or is a State Safety
Oversight Agency, or operates a rail fixed guideway system, it must make the following
certification. The elements of this certification are required by 49 CFR §§ 672.31 and 674.39.
The applicant certifies that the rail fixed guideway public transportation system and the State
Safety Oversight Agency for the State are:
(a) Compliant with the requirements of 49 CFR Part 672, “Public Transportation Safety
Certification Training Program”; and
(b) Compliant with the requirements of 49 CFR Part 674, “Sate Safety Oversight”.
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CATEGORY 17. DEMAND RESPONSIVE SERVICE.
If the applicant operates demand responsive service and will apply for an award to purchase a
non-rail vehicle that is not accessible within the meaning of 49 CFR Part 37, it must make the
following certification. This certification is required by 49 CFR § 37.77.
The applicant certifies that the service it provides to individuals with disabilities is equivalent to
that provided to other persons. A demand responsive system, when viewed in its entirety, is
deemed to provide equivalent service if the service available to individuals with disabilities,
including individuals who use wheelchairs, is provided in the most integrated setting appropriate
to the needs of the individual and is equivalent to the service provided other individuals with
respect to the following service characteristics:
(a) Response time;
(b) Fares;
(c) Geographic area of service;
(d) Hours and days of service;
(e) Restrictions or priorities based on trip purpose;
(f) Availability of information and reservation capability; and
(g) Any constraints on capacity or service availability.
CATEGORY 18. INTEREST AND FINANCING COSTS.
If the applicant will pay for interest or other financing costs of a project using assistance
awarded under the Urbanized Area Formula Grants Program (49 U.S.C. § 5307), the Fixed
Guideway Capital Investment Grants Program (49 U.S.C. § 5309), or any program that must
comply with the requirements of 49 U.S.C. § 5307, including the Formula Grants for the
Enhanced Mobility of Seniors Program (49 U.S.C. § 5310), “flex funds” from infrastructure
programs administered by the Federal Highways Administration (see 49 U.S.C. § 5334(i)), or
awards to urbanized areas under the Grants for Buses and Bus Facilities Program (49 U.S.C.
§ 5339), the applicant must make the following certification. This certification is required by
49 U.S.C. §§ 5307(e)(3) and 5309(k)(2)(D).
The applicant certifies that:
(a) Its application includes the cost of interest earned and payable on bonds issued by the
applicant only to the extent proceeds of the bonds were or will be expended in carrying
out the project identified in its application; and
(b) The applicant has shown or will show reasonable diligence in seeking the most favorable
financing terms available to the project at the time of borrowing.
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CATEGORY 19. CYBERSECURITY CERTIFICATION FOR RAIL ROLLING STOCK
AND OPERATIONS.
If the applicant operates a rail fixed guideway public transportation system, it must make this
certification. This certification is required by 49 U.S.C. § 5323(v). For information about
standards or practices that may apply to a rail fixed guideway public transportation system, visit
https://www.nist.gov/cyberframework and https://www.cisa.gov/.
The applicant certifies that it has established a process to develop, maintain, and execute a
written plan for identifying and reducing cybersecurity risks that complies with the requirements
of 49 U.S.C. § 5323(v)(2).
CATEGORY 20. PUBLIC TRANSPORTATION ON INDIAN RESERVATIONS
FORMULA AND DISCRETIONARY PROGRAM (TRIBAL TRANSIT
PROGRAMS).
Before FTA may provide Federal assistance for an Award financed under either the Public
Transportation on Indian Reservations Formula or Discretionary Program authorized under
49 U.S.C. § 5311(c)(1), as amended by the FAST Act, (Tribal Transit Programs), the applicant
must select the Certifications in Category 21, except as FTA determines otherwise in writing.
Tribal Transit Program applicants may certify to this Category and Category 1 (Certifications
and Assurances Required of Every Applicant) and need not make any other certification, to meet
Tribal Transit Program certification requirements. If an applicant will apply for any program in
addition to the Tribal Transit Program, additional certifications may be required.
FTA has established terms and conditions for Tribal Transit Program grants financed with
Federal assistance appropriated or made available under 49 U.S.C. § 5311(c)(1). The applicant
certifies that:
(a) It has or will have the legal, financial, and technical capacity to carry out its Award,
including the safety and security aspects of that Award.
(b) It has or will have satisfactory continuing control over the use of its equipment and
facilities acquired or improved under its Award.
(c) It will maintain its equipment and facilities acquired or improved under its Award, in
accordance with its transit asset management plan and consistent with FTA regulations,
“Transit Asset Management,” 49 CFR Part 625. Its Award will achieve maximum
feasible coordination with transportation service financed by other federal sources.
(d) With respect to its procurement system:
(1) It will have a procurement system that complies with U.S. DOT regulations,
“Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards,” 2 CFR Part 1201, which incorporates by reference
U.S. OMB regulatory guidance, “Uniform Administrative Requirements, Cost
Page 43
Certifications and Assurances Fiscal Year 2024
19
Principles, and Audit Requirements for Federal Awards,” 2 CFR Part 200, for
Awards made on or after December 26, 2014,
(2) It will have a procurement system that complies with U.S. DOT regulations,
“Uniform Administrative Requirements for Grants and Cooperative Agreements
to State and Local Governments,” 49 CFR Part 18, specifically former 49 CFR
§ 18.36, for Awards made before December 26, 2014, or
(3) It will inform FTA promptly if its procurement system does not comply with
either of those U.S. DOT regulations.
(e) It will comply with the Certifications, Assurances, and Agreements in:
(1) Category 05.1 and 05.2 (Charter Service Agreement and School Bus Agreement),
(2) Category 06 (Transit Asset Management Plan),
(3) Category 07.1 and 07.2 (Rolling Stock Buy America Reviews and Bus Testing),
(4) Category 09 (Formula Grants for Rural Areas),
(5) Category 15 (Alcohol and Controlled Substances Testing), and
(6) Category 17 (Demand Responsive Service).
CATEGORY 21. EMERGENCY RELIEF PROGRAM.
An applicant to the Public Transportation Emergency Relief Program, 49 U.S.C. § 5324, must
make the following certification. The certification is required by 49 U.S.C. § 5324(f) and must be
made before the applicant can receive a grant under the Emergency Relief program.
The applicant certifies that the applicant has insurance required under State law for all structures
related to the emergency relief program grant application.
Page 44
Certifications and Assurances Fiscal Year 2024
1
FEDERAL FISCAL YEAR 2024 CERTIFICATIONS AND ASSURANCES FOR FTA
ASSISTANCE PROGRAMS
(Signature pages alternate to providing Certifications and Assurances in TrAMS.)
Name of Applicant:_____________________________________________________
The Applicant certifies to the applicable provisions of all categories: (check here) _______.
Or,
The Applicant certifies to the applicable provisions of the categories it has selected:
Category Certification
01 Certifications and Assurances Required of Every Applicant
02 Public Transportation Agency Safety Plans
03 Tax Liability and Felony Convictions
04 Lobbying
05 Private Sector Protections
06 Transit Asset Management Plan
07 Rolling Stock Buy America Reviews and Bus Testing
08 Urbanized Area Formula Grants Program
09 Formula Grants for Rural Areas
10 Fixed Guideway Capital Investment Grants and the Expedited
Project Delivery for Capital Investment Grants Pilot Program
11 Grants for Buses and Bus Facilities and Low or No Emission
Vehicle Deployment Grant Programs
Page 45
Certifications and Assurances Fiscal Year 2024
2
12 Enhanced Mobility of Seniors and Individuals with Disabilities
Programs
13 State of Good Repair Grants
14 Infrastructure Finance Programs
15 Alcohol and Controlled Substances Testing
16 Rail Safety Training and Oversight
17 Demand Responsive Service
18 Interest and Financing Costs
19 Cybersecurity Certification for Rail Rolling Stock and
Operations
20 Tribal Transit Programs
21 Emergency Relief Program
CERTIFICATIONS AND ASSURANCES SIGNATURE PAGE
AFFIRMATION OF APPLICANT
Name of the Applicant:
BY SIGNING BELOW, on behalf of the Applicant, I declare that it has duly authorized me to make these
Certifications and Assurances and bind its compliance. Thus, it agrees to comply with all federal laws, regulations,
and requirements, follow applicable federal guidance, and comply with the Certifications and Assurances as
indicated on the foregoing page applicable to each application its Authorized Representative makes to the Federal
Transit Administration (FTA) in the federal fiscal year, irrespective of whether the individual that acted on his or
her Applicant’s behalf continues to represent it.
The Certifications and Assurances the Applicant selects apply to each Award for which it now seeks, or may
later seek federal assistance to be awarded by FTA during the federal fiscal year.
The Applicant affirms the truthfulness and accuracy of the Certifications and Assurances it has selected in the
statements submitted with this document and any other submission made to FTA, and acknowledges that the
Program Fraud Civil Remedies Act of 1986, 31 U.S.C. § 3801 et seq., and implementing U.S. DOT regulations,
“Program Fraud Civil Remedies,” 49 CFR part 31, apply to any certification, assurance or submission made to
FTA. The criminal provisions of 18 U.S.C. § 1001 apply to any certification, assurance, or submission made in
connection with a federal public transportation program authorized by 49 U.S.C. chapter 53 or any other statute
Page 46
Certifications and Assurances Fiscal Year 2024
3
In signing this document, I declare under penalties of perjury that the foregoing Certifications and Assurances, and
any other statements made by me on behalf of the Applicant are true and accurate.
Signature Date:
Name Authorized Representative of Applicant
AFFIRMATION OF APPLICANT’S ATTORNEY
For (Name of Applicant):
As the undersigned Attorney for the above-named Applicant, I hereby affirm to the Applicant that it has authority
under state, local, or tribal government law, as applicable, to make and comply with the Certifications and
Assurances as indicated on the foregoing pages. I further affirm that, in my opinion, the Certifications and
Assurances have been legally made and constitute legal and binding obligations on it.
I further affirm that, to the best of my knowledge, there is no legislation or litigation pending or imminent that
might adversely affect the validity of these Certifications and Assurances, or of the performance of its FTA
assisted Award.
Signature Date:
Name Attorney for Applicant
Each Applicant for federal assistance to be awarded by FTA must provide an Affirmation of Applicant’s Attorney
pertaining to the Applicant’s legal capacity. The Applicant may enter its electronic signature in lieu of the
Attorney’s signature within TrAMS, provided the Applicant has on file and uploaded to TrAMS this hard-copy
Affirmation, signed by the attorney and dated this federal fiscal year.
Page 47
Certifications and Assurances :: Page 1 of 4
Overview
Greetings! Thank you for helping DTR complete the annual Certifications and Assurances for FTA awards.
Before FTA may award federal assistance for public transportation in the form of a federal grant, cooperative
agreement, loan, line of credit, or loan guarantee, certain pre-award Certifications and Assurances are required. Read
each Certification and Assurance and select those that will apply to any application for which you might seek federal
assistance from FTA during the fiscal year listed.
Please review the full list of Certifications and Assurances by before completing this form.clicking here
DOT is committed to ensuring that information is available in appropriate alternative formats to meet the requirements
of persons who have a disability. If you require an alternative version of the files provided on this page, please contact
.FTAWebAccessibility@dot.gov
Certifications and Assurances
FEDERAL CERTIFICATIONS AND ASSURANCES FOR
FEDERAL TRANSIT ADMINISTRATION ASSISTANCE PROGRAMS
(Signature pages alternative to providing Certifications and Assurances in TrAMS)
Agency:
Estes Park, Town of
Federal Fiscal Year:
2024
The Applicant agrees to comply with applicable provisions of Categories 01-21:
(check this box and click Save to select all of the Categories listed below)
All Applicable Provisions:
The Applicant agrees to comply with applicable provisions of the Categories it has selected:
(select all of the Categories that apply)
Page 48
Certifications and Assurances :: Page 2 of 4
CATEGORY 1. Certifications and Assurances Required of Every
Applicant:
CATEGORY 2. Public Transportation Agency Safety Plans:
CATEGORY 3. Tax Liability and Felony Convictions:
CATEGORY 4. Lobbying:
CATEGORY 5. Private Sector Protections:
CATEGORY 6. Transit Asset Management Plan:
CATEGORY 7. Rolling Stock Buy America Reviews and Bus
Testing:
CATEGORY 8. Urbanized Area Formula Grants Program:
CATEGORY 9. Formula Grants for Rural Areas:
CATEGORY 10. Fixed Guideway Capital Investment Grants and
the Expedited Project Delivery for Capital Investment Grants Pilot
Program:
CATEGORY 11. Grants for Buses and Bus Facilities and Low or
No Emission Vehicle Deployment Grant Programs:
CATEGORY 12. Enhanced Mobility of Seniors and Individuals
with Disabilities Programs:
CATEGORY 13. State of Good Repair Grants:
CATEGORY 14. Infrastructure Finance Programs:
CATEGORY 15. Alcohol and Controlled Substances Testing:
CATEGORY 16. Rail Safety Training and Oversight:
Page 49
Certifications and Assurances :: Page 3 of 4
CATEGORY 17. Demand Responsive Service:
CATEGORY 18. Interest and Financing Costs:
CATEGORY 19. Cybersecurity Certification for Rail Rolling Stock
and Operations:
CATEGORY 20. Public Transportation on Indian Reservations
Formula and Discretionary Program (Tribal Transit Programs):
CATEGORY 21. Emergency Relief Program:
Affirmation
:
BY SIGNING BELOW, on behalf of the Applicant, I declare that it has duly authorized me to make these
Certifications and Assurances and bind its compliance. Thus, it agrees to comply with all federal laws,
regulations, and requirements, follow applicable federal guidance, and comply with the Certifications and
Assurances as indicated on the foregoing page applicable to each application its Authorized Representative
makes to the Federal Transit Administration (FTA) in federal fiscal year 2024, irrespective of whether the
individual that acted on his or her Applicant's behalf continues to represent it.
Authorized Representative:
In signing this document, I declare under penalties of perjury that the foregoing Certifications and Assurances, and
any other statements made by me on behalf of the Applicant are true and accurate.
True and Accurate Statement:
Authorized Representative
Name:Date Signed:
Page 50
Certifications and Assurances :: Page 4 of 4
Page 51
Certifications and Assurances :: Page 1 of 4
Overview
Greetings! Thank you for helping DTR complete the annual Certifications and Assurances for FTA awards.
Before FTA may award federal assistance for public transportation in the form of a federal grant, cooperative
agreement, loan, line of credit, or loan guarantee, certain pre-award Certifications and Assurances are required. Read
each Certification and Assurance and select those that will apply to any application for which you might seek federal
assistance from FTA during the fiscal year listed.
Please review the full list of Certifications and Assurances by before completing this form.clicking here
DOT is committed to ensuring that information is available in appropriate alternative formats to meet the requirements
of persons who have a disability. If you require an alternative version of the files provided on this page, please contact
.FTAWebAccessibility@dot.gov
Certifications and Assurances
FEDERAL CERTIFICATIONS AND ASSURANCES FOR
FEDERAL TRANSIT ADMINISTRATION ASSISTANCE PROGRAMS
(Signature pages alternative to providing Certifications and Assurances in TrAMS)
Agency:
Estes Park, Town of
Federal Fiscal Year:
2024
The Applicant agrees to comply with applicable provisions of Categories 01-21:
(check this box and click Save to select all of the Categories listed below)
All Applicable Provisions:
The Applicant agrees to comply with applicable provisions of the Categories it has selected:
(select all of the Categories that apply)
Page 52
Certifications and Assurances :: Page 2 of 4
CATEGORY 1. Certifications and Assurances Required of Every
Applicant:
CATEGORY 2. Public Transportation Agency Safety Plans:
CATEGORY 3. Tax Liability and Felony Convictions:
CATEGORY 4. Lobbying:
CATEGORY 5. Private Sector Protections:
CATEGORY 6. Transit Asset Management Plan:
CATEGORY 7. Rolling Stock Buy America Reviews and Bus
Testing:
CATEGORY 8. Urbanized Area Formula Grants Program:
CATEGORY 9. Formula Grants for Rural Areas:
CATEGORY 10. Fixed Guideway Capital Investment Grants and
the Expedited Project Delivery for Capital Investment Grants Pilot
Program:
CATEGORY 11. Grants for Buses and Bus Facilities and Low or
No Emission Vehicle Deployment Grant Programs:
CATEGORY 12. Enhanced Mobility of Seniors and Individuals
with Disabilities Programs:
CATEGORY 13. State of Good Repair Grants:
CATEGORY 14. Infrastructure Finance Programs:
CATEGORY 15. Alcohol and Controlled Substances Testing:
CATEGORY 16. Rail Safety Training and Oversight:
Page 53
Certifications and Assurances :: Page 3 of 4
CATEGORY 17. Demand Responsive Service:
CATEGORY 18. Interest and Financing Costs:
CATEGORY 19. Cybersecurity Certification for Rail Rolling Stock
and Operations:
CATEGORY 20. Public Transportation on Indian Reservations
Formula and Discretionary Program (Tribal Transit Programs):
CATEGORY 21. Emergency Relief Program:
Affirmation
:
BY SIGNING BELOW, on behalf of the Applicant, I declare that it has duly authorized me to make these
Certifications and Assurances and bind its compliance. Thus, it agrees to comply with all federal laws,
regulations, and requirements, follow applicable federal guidance, and comply with the Certifications and
Assurances as indicated on the foregoing page applicable to each application its Authorized Representative
makes to the Federal Transit Administration (FTA) in federal fiscal year 2024, irrespective of whether the
individual that acted on his or her Applicant's behalf continues to represent it.
Authorized Representative:
In signing this document, I declare under penalties of perjury that the foregoing Certifications and Assurances, and
any other statements made by me on behalf of the Applicant are true and accurate.
True and Accurate Statement:
Authorized Representative
Name:Date Signed:
Page 54
Certifications and Assurances :: Page 4 of 4
Page 55
Page 56
UTILITIES Memo
To: Honorable Mayor Koenig or Mayor Hall
Board of Trustees
Through: Town Administrator Machalek
From: Reuben Bergsten, Utilities Director;
Jamie Kuryllo, Grant Writer
Date: April 24, 2024
RE: Resolution 37-24 Authorizing Town Staff To Administer an Account on the
Application Intake System of the United States Department of Agriculture
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER Letter of Support
QUASI-JUDICIAL YES NO
Objective:
Power and Communications Division aims to be good stewards of customer resources
by applying for USDA grants which requires Town Board to authorize the creation of a
United State Department of Agriculture (USDA) account for the Application Intake
System for Telecommunication Programs and assign the Representative-Signature-
Certifier and Administrator roles.
Present Situation:
The USDA Rural Utilities Service Agency recently opened the application period for the
FY2024 Rural eConnectivity (ReConnect) grant program. Under this program, grant
funds are awarded to qualified applicants to fund the costs of construction,
improvement, or acquisition of facilities and equipment needed to provide broadband
service.
The Town’s Power and Communications Division is interested in applying for broadband
grant funds under the ReConnect program, however, staff does not have access to the
USDA’s Application Intake System.
The USDA requires Town Board to pass a resolution assigning a Representative-
Signature-Certifier and Administrator(s) roles in order to access the USDA’s Application
Intake System. The people assigned must have Level 2 USDA eAuthentication
credentials and obtaining these credentials can be a lengthy process. Reuben Bergsten,
Utilities Director and Jamie Kuryllo, Grant Writer both have Level 2 USDA
eAuthentication credentials.
Page 57
Proposal:
Power and Communications Division staff recommends the Town Board pass the
attached resolution to authorize the Town to create a USDA account in order to gain
access to the online grant application system.
Advantages:
● This request will allow the Town to pursue various funding streams offered by the
USDA for the costs needed to provide broadband service in eligible rural areas.
● This request supports the Town Board’s 2024 Strategic Plan policy statement “to
ensure access to high- speed, high-quality, reliable Trailblazer Broadband
service.”
Disadvantages:
● Managing grants adds additional work to staff; however, we have a lot of positive
experience working with the USDA.
● The assignment of these roles will likely change; however, time is of the essence
to meet a mid-may deadline and the roles can be re-assigned.
Action Recommended:
Staff recommends approval of the resolution.
Finance/Resource Impact:
There is no financial impact at this time. This will allow the Town’s Power and
Communications Division to apply for rural broadband grants offered by the USDA.
Level of Public Interest:
High for those living in areas of the P&C service area who do not yet have access to
Trailblazer’s modern broadband service.
Sample Motion:
I move for the approval/denial of Resolution 37-24.
Attachments:
1. Resolution 37-24
Page 58
RESOLUTION 37-24
AUTHORIZING TOWN STAFF TO ADMINISTER AN ACCOUNT ON THE
APPLICATION INTAKE SYSTEM OF THE UNITED STATES DEPARTMENT OF
AGRICULTURE
WHEREAS, the Town of Estes Park acting by and though its Power and
Communications Enterprise owns and operates Trailblazer Broadband; and
WHEREAS, the Town desires to expand Trailblazer Broadband’s fiber optic
infrastructure to the most rural areas of Power and Communications’ service area; and
WHEREAS, the cost of construction combined with the cost of operations,
maintenance, and future capital infrastructure replacement costs creates an
unsustainable business model; and
WHEREAS, the United States Department of Agriculture (USDA) Rural
Development has grant and financing programs to offset construction costs in order to
create a sustainable business model; and
WHEREAS, in order to apply for USDA Rural Development grants and financing
Programs the Town Board must assign one Representative-Signature-Certifier security
role on behalf of the Town of Estes Park, who shall be responsible for providing
signatures, authorizing certifications, entering/updating applications, submitting
applications for consideration, and assigning access to new users in USDA’s Online
Application Intake System for Telecommunications Programs; and
WHEREAS, if USDA application(s) are awarded under these Programs, the
Representative-Signature-Certifier security role on behalf of the Town of Estes Park shall
also be responsible for authorizing certifications, entering/updating compliance reports,
submitting compliance reports, and assigning access to new users in USDA’s Online
Financial Reporting and Compliance System; and
WHEREAS, the USDA requires the Town Board to assign one or more
Administrator security role(s) on behalf of the Town of Estes Park, who shall be
responsible for assigning access to new users and entering/updating application(s) in
USDA’s Online Application Intake System for Telecommunications Programs; and
WHEREAS, if applications are awarded under these Programs, the Administrator’s
security role on behalf of the Town of Estes Park shall also be responsible for assigning
access to new users and entering/updating compliance reports in USDA’s Online
Financial Reporting and Compliance System; and
WHEREAS, the Representative-Signature-Certifier and Administrator for the Town
of Estes Park shall comply fully with all security procedures and policies of the Online
Application Intake System for Telecommunications Programs and USDA’s Online
Financial Reporting and Compliance System; and
WHEREAS, the Town’s Representative-Signature-Certifier and Administrator
must have eAuthentication Level 2 credentials; and
WHEREAS, obtaining eAuthentication Level 2 credentials can be a lengthy
process taking up to a month; and
WHEREAS, the Town’s Utilities Director, Reuben Bergsten already has
eAuthentication Level 2 credentials for the assignment of the Representative-Signature-
Certifier security role on behalf of the Town of Estes Park; and
WHEREAS, the Town’s Grant Writer, Jamie Kuryllo already has eAuthentication
Level 2 credentials for the assignment of the Administrator security role on behalf of the
Town of Estes Park; and
Attachment 1
Page 59
WHEREAS, time is of the essence to meet a mid-May application deadline.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board authorizes Town staff to create a USDA account for the Application
Intake System for Telecommunication Programs and assigns the Representative-
Signature-Certifier and Administrator roles as described in this Resolution.
DATED this day of , 2024.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Page 60
TOWN ADMINISTRATOR’S
OFFICE Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Carlie Bangs, Housing & Childcare Manager
Date: April 23, 2024
RE: Resolution 35-24 6E Funding Expenditure for a Childcare Funding
Agreement with the YMCA of the Rockies
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Consider the approval of Resolution 35-24 for the 6E funding expenditure to the YMCA
of the Rockies Summer Inclusion Program of $35,420.00.
Present Situation:
The 2024 6E Funding Plan outlined the use of 6E funds to support out-of-school
programming, defined as after and/or before school care, out-of-school days (like
Teacher Professional Development days), and summertime programs.
The YMCA of the Rockies serves on average 200 local children, one to 18 years old,
each summer through their Summer Day Camp program. In addition to traditional day
camp programming, the YMCA has an inclusion program that serves children with
special needs by providing individual accommodations for each child to ensure success
throughout the day. The YMCA is requesting funds to help support the cost of staffing
and scholarships that are used to provide these services directly to the local community
of Estes Park.
Proposal:
Funding for out-of-school programming is essential to supporting our workforce in the
Estes Valley. Programs such as the YMCA of the Rockies are even more important to
serving working families during our busiest summer tourism months. Families that have
children with various physical and cognitive special needs have little to no support or
childcare options throughout the Estes Valley when out of school during the summer.
The YMCA has served families with children who have special needs and received
feedback from parents for increased staff support. These staff positions are very difficult
Page 61
to recruit with professionals who have the experience and specialized skills to serve
these children who require additional support throughout the day.
A funding application received from the YMCA of the Rockies requests $20,498 for
additional staffing, including an “off grounds” position at $23/hour, and an additional
Inclusion Counselor for children under 5. The YMCA of the Rockies provides affordable
dorm-style housing for its day camp staff, which is ideal for the seasonal staff they
typically recruit for these positions. The proposed “off grounds” position would allow the
YMCA to recruit an employee who lives in the Estes Valley, or prefers to live off
property.
In addition to increasing staffing to serve children, the YMCA also provides tuition
assistance to 18 local families with children with special needs. In 2024, they expect to
provide approximately $30,000 in assistance and request that the Town subsidize that
expenditure to cover the assistance provided for the local children in the Inclusion
Program. In addition to supporting the staffing, the YMCA requests $14,922 to keep
tuition affordable for families with children in the Inclusion Program. Daily rates for day
camp are $50/day.
The YMCA of the Rockies has requested $35,420.00 for support for the Inclusion
Program that serves Estes Valley kids with special needs.
Advantages:
•Distribution of 6E funds to support out-of-school programming efforts as directed by the
voters when passing the 6E Ballot Initiative.
•Supporting critical services to local children
Disadvantages:
None.
Action Recommended:
Approval of the 6E Expenditure to support the YMCA of the Rockies Summer Inclusion
Program.
Finance/Resource Impact:
$35,420 expended from the Childcare Lodging Tax Fund, account 101-1900-419.37-97
Level of Public Interest
None.
Sample Motion:
I move for the approval/denial of Resolution 35-24.
Attachments:
1.Resolution 35-24
2.Childcare Funding Agreement
3.YMCA of the Rockies Application
Page 62
RESOLUTION 35-24
APPROVE 6E FUNDING EXPENDITURE FOR A CHILDCARE FUNDING
AGREEMENT WITH THE YMCA OF THE ROCKIES
WHEREAS, the Town of Estes Park prioritized the funding of out-of-school funding
for the use of Workforce Housing and Childcare (6E) Tax revenue in the 2024 Funding
Plan; and
WHEREAS, the YMCA of the Rockies provides summer childcare for children in
the Estes Valley; and
WHEREAS, the YMCA of the Rockies seeks funding through the Policy 225
Childcare Funding application to support operations and staffing of their Inclusion
Programming; and
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 childcare funding
agreement referenced in the title of this resolution 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
Attachment 1
Page 63
`
CHILDCARE FUNDING AGREEMENT
Between the Town of Estes Park and the YMCA of the Rockies
The Town of Estes Park, Colorado (Town), a Colorado municipal corporation, and the YMCA of
the Rockies (YMCA), a nonprofit organization, hereby agree to the following on this _______
day of _____________, 2024, for good and valuable consideration the receipt of which is hereby
acknowledged:
1. The Town will grant $35,420 to the YMCA of the Rockies to provide financial support
and to address workforce challenges as described in the 2024 Funding Plan.
2. Funds received as this one-time subsidy must be used to contribute to the mission of the
YMCA of the Rockies and their summer Day Camp mission to inspire kids ages 3-17
with countless opportunities to laugh, lead, and make lasting friendships.
3.Of the $35,420 funds received by the YMCA of the Rockies, $25,000 must be used to
support the wages of staff in the YMCA’s Summer Inclusion Program (“Program”) as
described in the YMCA’s application for this subsidy and the remaining $10,420 will go
toward the scholarship fund for children served in that program.
4. The hourly wage for the lead staff who carry out the Program must be a minimum of
$20/hour and $16/hour for aides, not including benefits or any recruitment and retention
bonuses.
5. At least one parent or guardian of each of the children served by the Program must work
full-time (at least 30 hours per week) within the boundaries of the Estes Park R-3 School
District.
6.The YMCA agrees to use these funds only for the purposes described above. The YMCA
shall keep full records of the use of these funds and compliance with the above
requirements and shall deliver them to the Town promptly upon request. YMCA
acknowledges that, in addition to all other remedies the Town may pursue for YMCA’s
breach of this agreement, YMCA may become ineligible for future funds from the Town.
7.The YMCA shall provide a final report of expenditures to the Town by December 1,
2024.
8.The YMCA must spend all funds provided under this Agreement within twelve (12)
months of its effective date or must return the funds to the Town.
Attachment 2
Page 64
9. The YMCA must provide childcare service and staffing levels, as described in its
application for this subsidy and supporting documents, for a minimum of 24 months from
the effective date of this Agreement or the funds must be returned to the Town.
10. The YMCA warrants that all of the information included in its application for this
subsidy, its attachments, its supplemental documents, and all other information
communicated to the Town to solicit its approval of this grant is true and correct.
11. This Agreement does not preclude the YMCA from being eligible for additional funding
from the Town for the purposes of childcare. Such funding may be provided on an
application basis or through a direct subsidy program.
12. The Town finds that the use of these funds is for the public purpose of protecting the
economic and social vitality of the Town by supporting employment for residents of the
Town by expanding childcare options for working parents and guardians, thereby
allowing employees to continue to live and work locally, and ultimately to continue to
contribute to the Town’s tax base. The Town finds that this Agreement’s public purposes
are both significant and substantial, and justify the expenditure of the public funds. The
Town finds that the support of childcare operations both inside and in the immediate
vicinity of the Town and the boundaries of the Estes Park Local Marketing District
contributes to the public purposes described above, that the economy and society of the
entire Estes Valley is inextricably interconnected, and that supporting the families of the
Estes Valley is integral to supporting the economic and social vitality of the Town. The
Town also finds that the Town will receive adequate consideration for its financial
contribution to the Program in the form of the significant and substantial public benefits
described above. Finally, the Town finds that the activities funded by this Agreement
consitute development and operation of a program to support affordable workforce
childcare services.
13. This Agreement does not establish a partnership or joint venture between the Town and
the YMCA. The YMCA shall perform all activities under this agreement as an
independent entity, and not as an agent or employee of Town. No employee or official of
Town shall supervise the YMCA or its agents or employees. The YMCA shall exercise
no supervision over any employee or official of Town. The YMCA and its agents and
employees shall not represent that they are an employee or agent of the Town in any
capacity. The YMCA’s officers, employees and agents are not entitled to Workers'
Compensation benefits from the Town, and the YMCA and its officers, employees
and agents are obligated to pay any applicable federal and state income tax on
money paid under this Agreement. Except as this Agreement expressly states, the
YMCA shall, at its sole expense, supply all buildings, equipment and materials,
machinery, tools, superintendence, personnel, insurance and other accessories and
services necessary. This Agreement is not exclusive; subject the terms of this Agreement,
Town and the YMCA may each contract with other parties.
14. To the extent permitted by law, the YMCA and its agents, principals, officers, partners,
employees, and subcontractors shall and do agree to indemnify, protect, and hold
Page 65
harmless the Town, its officers, employees, and agents from all claims, damages, losses,
liens, causes of actions, suits, judgments, and expenses (including attorneys’ fees and the
value of the time of in-house counsel), of any nature, kind, or description by any third
party arising out of, caused by, or resulting from any activities under this Agreement.
15. The YMCA will perform activities under this Agreement in strict compliance with
applicable federal, state, and municipal laws, rules, statutes, charter provisions,
ordinances, and regulations (including sections of the Occupational Safety and Health
Administration [OSHA] regulations, latest revised edition, providing for job safety and
health protection for workers) and all orders and decrees of bodies or tribunals applicable
to work under this Agreement. The YMCA shall protect and indemnify Town against any
claim or liability arising from or based on the violations of any such law, ordinance,
regulation, order, or decrees by itself or by its subcontractors, agents, or employees.
Town assumes no duty to ensure that the YMCA follows the safety regulations issued by
OSHA. The YMCA shall secure all permits and licenses, pay all charges, files, and taxes
and give all notices necessary and incidental to the lawful prosecution of its activities
under this Agreement.
16. The YMCA shall maintain such insurance as necessary to cover such liability as may
arise from its activities under this Agreement, and shall provide evidence of such
coverage to the Town upon request.
17. This instrument forms a contract only when executed in writing by duly authorized
representatives of Town and the YMCA. By their signatures on this document, the
signatories represent that they have actual authority to enter this Agreement for the
respective parties.
18. There are no other agreements on the same subject than expressly stated or incorporated
in this Agreement.
19. The laws of the State of Colorado shall govern enforcement and interpretation of this
Agreement. Venue and jurisdiction for any court action filed regarding this Agreement
shall be only in Larimer County, Colorado.
20. This Agreement does not create a multiple fiscal year direct or indirect debt or other
financial obligation. All financial obligations of the Town under this Agreement are
contingent upon appropriation, budgeting, and availability of specific funds to discharge
such obligations.
21. Only the Town and the YMCA, as parties to this Agreement, shall have the right to bring
an action to enforce the respective rights and obligations under this Agreement. No other
third party shall have the right or standing to enforce the terms of this Agreement,
directly or by derivative action on behalf of either Party.
22. This Agreement shall not be construed more strictly against one party than against the
other merely by virtue of the fact that it may have been prepared by counsel for one of the
Page 66
Parties, it being recognized that both the Town and the YMCA have contributed
substantially and materially to the preparation of this Agreement.
23. The Parties warrant that they have taken all actions necessary or required by their own
procedures, bylaws, or applicable law, to authorize their respective signatories to sign this
Agreement for them and to bind them to its terms.
(Signature pages to follow.)
Page 67
Town of Estes Park
By: Date: ___________________
Title:
State of )
) ss
County of )
The foregoing instrument was acknowledged before me by , as
of the Town of Estes Park, a Colorado municipal
corporation, on behalf of the corporation, this day of , 2024.
Witness my hand and official Seal.
My Commission expires .
Notary Public
APPROVED AS TO FORM:
Town Attorney
Page 68
YMCA of the Rockies
By: Date: ___________________
Title:
State of )
) ss
County of )
The foregoing instrument was acknowledged before me this ____ day of _______________,
2024, by , as of
______________________________. (If by natural person or persons, insert name or names; if
by person acting in representative or official capacity or as attorney-in-fact, insert name of
person as an executor, attorney-in-fact, or other capacity or description; if by officer of
corporation, insert name of such officer or officers as the President or other officers of such
corporation, naming it.)
Witness my hand and official Seal.
My Commission expires .
Notary Public
Page 69
Document Title Policy 225 – Childcare Reserve Fund 02/28/2023
Revisions: 3 Town of Estes Park, Town Administrator’s Office Page 1 of 5
Effective Period: Until superseded
Review Schedule: Annually
Effective Date: October 13, 2020; Revised February 28, 2023
References: N/A
ADMINISTRATION
225
CHILDCARE FUNDING GUIDELINES
1. PURPOSE
This policy articulates the Town’s role related to childcare and provides guidelines for how
available funds shall be expended and/or awarded.
2. PROBLEM STATEMENT
The lack of childcare options in the Estes Valley, especially for infants and toddlers,
creates significant challenges for families in the Estes Valley and for local organizations,
including the Town, trying to recruit and retain employees.
3. PROCEDURE
a. The Town’s Role
The Town’s primary goal related to childcare is to create and sustain capacity for
children in the Estes Valley, especially for infants and toddlers. The Town’s role in
achieving this goal is to provide support for childcare providers in the form of
financial contributions, incentives, policy changes, representation in collaborative
efforts to address childcare capacity issues, serving as the applicant for grants or
other financial assistance from other levels of government or agencies where the
grantee must be a governmental entity, and advocacy where appropriate.
b. Childcare Fund
i. Establishment: There shall be a fund within the General Fund dedicated to
creating additional capacity for children, especially infants and toddlers, in the
Estes Valley.
ii. Appropriations to the Childcare Fund: On an annual basis as part of the
budget development process, Town staff will recommend a dollar amount to
appropriate to the Childcare Fund. The recommendation will be based on funds
projected to be received by the Town through the Local Marketing District’s
lodging tax extension (as outlined in the Annual Workforce and Childcare
Funding Plan provided to Larimer County, consistent with the Local Marketing
District Intergovernmental Agreement). The Town Board may appropriate other
funds to the Childcare Fund whenever and in whatever amount it deems
appropriate.
Attachment 3
Page 70
Document Title Policy 225 – Childcare Reserve Fund 02/28/2023
Revisions: 3 Town of Estes Park, Town Administrator’s Office Page 2 of 5
a) Other Revenues: In addition to the appropriations outlined above, other
revenue sources for the Childcare Fund may include donations, proceeds
from the sale or lease of public property, and grants or other financial
assistance related to childcare related activities.
iii. Qualification/Eligibility Criteria for Funding from Childcare Fund
a) Entities or individuals receiving Town funds for childcare related purposes
must:
Be a childcare provider that provides or intends to provide year-round
childcare for at least four children between the ages of 0 and 4 who are
unrelated to the caregiver OR an in-home provider who provides year-
round care for at least three children between the ages of 0 and 4 who
are unrelated to the caregiver; and
Own or lease a facility or home (or demonstrate intent to own or lease
a facility or home) located within the Estes Park School District R-3
where childcare services are provided or will be provided after capital
improvements are made; and
Be in compliance with state and local health and safety requirements, if
applicable; or
Provide out-of-school programming, such as before- and after-care
programs, for children in grades Pre-K through 5; or
Administer tuition assistance and/or scholarship programs for families
with children in the care of providers in the Estes Valley.
Unlicensed providers must meet State guidelines for providing legally
exempt care.
b) Among entities or individuals who meet the qualification criteria outlined
above, although the Town reserves the right to make any funding decisions it
is entitled to, priority/preference will be given to applicants who:
Use Town funds to finance the design, construction, expansion,
renovation or other improvements of facilities at which childcare
services are provided in order to increase capacity.
Provide year-round childcare for children between the ages of 0 and
2.5.
Provide full day childcare for children between the ages of 0 and 2.5.
Can demonstrate ability to provide greatest number of new childcare
spaces, especially for children between the ages of 0 and 2.5.
Are licensed by the State of Colorado to provide childcare services.
Are actively pursuing State licensure or demonstrate intent to pursue
such.
Can demonstrate that financial contributions from the requesting entity
or individual will supplement funding from the Town..
Page 71
Document Title Policy 225 – Childcare Reserve Fund 02/28/2023
Revisions: 3 Town of Estes Park, Town Administrator’s Office Page 3 of 5
Can demonstrate how financial contributions from the Town will assist
with addressing workforce challenges.
iv. Childcare Fund Expenditures:
a) The Childcare Fund will be the primary source of funds from the Town used to
facilitate the creation of additional capacity for childcare or assist with
addressing workforce challenges.
b) Eligible expenditures from the Childcare Fund include the following:
Financing the design, construction, expansion, renovation or other
improvements to facilities at which childcare services are provided or
will be provided in order to:
o increase capacity or if such improvements are required to retain
existing capacity.
o enhance the safety, well-being, and/or experience of children in
the care of providers receiving funding (such expenditures may
include things like fencing, fire suppression improvements,
healthy food/snacks, playground equipment, etc.).
o become a licensed provider.
Subsidizing tap fees for new construction or expansion of existing
childcare facilities for facilities that qualify as a Day Care Center as
defined in the Estes Park Development Code.
Purchasing property (land and/or buildings) to be used for a childcare
facility.
Providing funding for tuition assistance or scholarships for childcare.
Providing funding for out-of-school programming, such as before- and
after-care programs.
Providing financial assistance or subsidies to childcare providers that
can be directly linked to addressing workforce challenges. The
childcare provider, whether in-home or center based, must
demonstrate how financial assistance from the Town will directly
enable them to recruit and/or retain staff. Eligible workforce related
expenditures include, but may not be limited to:
o Subsidies to childcare providers to encourage them to start or
stay in business in the Estes Valley, including for out-of-school
time programs (i.e. recruitment and/or retention bonuses).
o Subsidies to providers to help bridge the gap between what they
can afford to pay staff and what is deemed by the Town to be a
reasonable, living wage.
o Subsidies to help pay or offset costs for benefits such as
healthcare, retirement, and/or paid leave.
Page 72
Document Title Policy 225 – Childcare Reserve Fund 02/28/2023
Revisions: 3 Town of Estes Park, Town Administrator’s Office Page 4 of 5
o Assistance with costs associated with licensing and/or staff
training.
o Assistance with costs associated with housing staff.
o Assistance with costs associated with transportation needs of
staff and/or children.
c) Funds may be transferred to other agencies on a contractual basis to achieve
the Town’s goals as stated in this policy. The contracts/agreements will be
subject to approval by the Town Board and will specify authority with respect
to funding decisions.
d) The Outside Entity Funding budget will be the source of Town funds for any
other childcare expenditures, including Base Funding for the EVICS Family
Resource Center, consistent with Finance Policy 671: Town Funding of
Outside Entities.
c. Process
i. Funds from the Childcare Fund will be made available through either an
application process (application attached) or direct subsidy from the Town at the
Town’s discretion.
a) Application process: Application materials must demonstrate need and how
funds will be used in order to increase childcare capacity or retain existing
capacity, or address workforce challenges. Town staff, in consultation with
partnering agencies as appropriate, will review applications and recommend
funding allocations based on the criteria outlined in this document.
b) Direct subsidies: Should the Town determine, in its sole discretion, to provide
direct subsidies to childcare providers, the amount of the subsidy will be
based on the number of filled childcare slots. A higher dollar amount may be
provided for slots filled by infants and/or toddlers, and the subsidy amount per
slot will be prorated for those filled on a part-time basis.
d. Funding and Requirements
i. Awards and award amounts will be determined by the Town and will depend on
availability of funds.
ii. Town staff may make award decisions and execute agreements for awards of
$10,000 or less. The Town Board must make decisions and approve agreement
for awards greater than $10,000.
iii. The Town reserves the right to determine whether to disperse all funds prior to a
project commencing, after a project is completed, or based on certain milestones.
iv. Awards will be accompanied by an agreement from the Town that stipulates, at a
minimum:
Page 73
Document Title Policy 225 – Childcare Reserve Fund 02/28/2023
Revisions: 3 Town of Estes Park, Town Administrator’s Office Page 5 of 5
a) If award amounts for capital projects are not spent within 12 months of the
award date, the receiving entity or person will be required to return the funds
to the Town, at the Town’s discretion. Extensions beyond 12 months may be
granted depending on the project scope or other circumstances.
b) Award recipients must provide childcare services for a minimum of 24 months
following the project completion date or receipt of the last payment of funds
from the Town; otherwise the receiving entity or person will be required to
return the funds to the Town. Repayment of tap fee subsidies may be waived
by the Town at the Town’s discretion.
c) Entities receiving funding from the Town will be required to submit a report (or
reports) to the Town at pre-determined intervals that details how funds were
spent and the impact/outcome resulting from the use of funds. The report
must also include supporting documentation to confirm expenditure of funds.
d) The Town may require additional stipulations on a case-by-case basis as
deemed necessary.
Approved:
_____________________________
Wendy Koenig, Mayor
_____________
Date
Page 74
POLICY 225 – CHILDCARE FUNDING GUIDELINES
APPLICATION
Page 1 of 2
Childcare Funding Application
Funding Year:
Entity/Individual :
Date of Establishment of Childcare Operations?:
Contact Person:Title
Phone:E-mail:
Address
Dollar amount requested: $
Please provide the following information to help us assess your or your entity’s eligibility and need.
Responses should submitted as an attachment to this application form.
1. Does your childcare operation serve the Estes Valley? Y N __
How many children in the Estes Valley (total and unduplicated) do you serve or expect to serve
through your childcare program? What age group(s)? (100 words max)
Which category below best describes your need with respect to this application?:
_____Tuition Assistance/Scholarships
_____Purchase of real property (land and/or building(s))
_____Rental or utility assistance
_____Upgrade(s) to existing property
_____Purchase of equipment
_____Assistance with workforce recruitment and/or retention
Other – Explain
Following up on the previous question, describe in detail how funds will be used if granted (200
words max).
Attach your anticipated budget for the service, project, program, or other expenditure for
which you are seeking financial assistance.
Page 75
POLICY 225 – CHILDCARE FUNDING GUIDELINES
APPLICATION
Page 2 of 2
How will you measure the success of the project or program for which funding is requested (200
words max)?
Who will be responsible for the administration of the project or program for which you are
requesting funding (name, title, and entity)?
If you are requesting funds on behalf of an existing entity, 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:
Most recent financial statements as approved by your board
Most recent audited statement or review by an outside expert
Most recently filed IRS Form 990
OR
If you are requesting funds on behalf of yourself as an in-home or unlicensed childcare provider,
please skip #7 and respond to #8, below.
8. Please list all anticipated funding sources for this project or program. Be sure to highlight any
opportunities to leverage Town funds with external funds.
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 any funds awarded will be subject to certain expectations, outlined in an
agreement, and that at a minimum:
funds awarded must be spent within twelve (12) months of the award date or they must be
returned to the Town unless otherwise stated in the grant agreement; and
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 unless otherwise stated in the grant agreement.
_____________________________________________________________
Name and Signature of Requestor of Funds
_____________________________________________________________
Name and Signature of Witness
Page 76
Current Staffing Wage # of Staff
High Needs Counselors 16.42 3
Behavior Specialists 14.92 4
2023 Campers # of students Total Tuition Collected
2023 EPSD participants 18 11,605.36$
Expected 2024 Projected Tuition
2024 EPSD participants 18 13,580.32$
Need
Off-Ground Professional 23 1
Preschool Inclusion Counselor 16.42 1
Total Additional Staffing Cost
Current Projected Costs for 2024
Current YMCA Staffing Costs 56,648.80$
YMCA Scholarships Projection 30,000.00$
86,648.80$
Less
Expected Tuition 13,580.32$
Moomau Endowment 1,498.00$
Total Program Cost 71,570.48$
**Note that this budget only includes the cost of staffing the inclusion program fo
YMCA of the Rockies Da
Page 77
Total Wages
25,615.20$
31,033.60$
56,648.80$
YMCA Scholarships Net
20,885.00$ (9,279.64)$
Expected YMCA Scholarships Net
30,000.00$ (16,419.68)$
11,960.00$
8,538.40$
20,498.40$
Program Costs w Additional Support
2024 Projected Cost 71,570.48$
Additional Need Cost 20,498.40$
Total Program Cost 92,068.88$
or the amount of EV kids served in the program. This does not include the supplies, materials, and equipm
ay Camp Inclusion Program Budget
Page 78
Financial Report Narrative
December 31, 2023
Fiscal Year 2023 Financial Results
2023 results continued to strengthen through the end of the year, with December YTD
results improving to forecast for the fourth month in a row. Revenue improvements came
from occupancy-driving advertising and HotelKey system stabilization driving strong
bookings activity in the Fall. The Association had record operating revenue in 2023, with
record occupancy rates. We also continued to make progress in discretionary and
controllable expenses, with major savings in salary-related costs and other savings in Q4
partially offsetting major overages in cost of goods sold and outside service costs.
However, revenue still missed budget by $810,300 and expenses were over budget by
$1,200,700, resulting in a $2,011,000 miss to budgeted Net Excess.
• YTD Unrestricted Fund Revenue through December 2023 bounced back from the
mid-year HotelKey-related impacts and came in at $51,311,000, down -$810,300 or
-1.6% to budget but still a significant 6.6% gain over last year:
o Total YTD Lodging revenue (Conference + Retreat/Reunion Cabins +
Cabins/Lodges/Camping) is $38,059,100, a decrease of -1.6% to budget
($38,304,100) and an increase of +5.1% to last year ($36,227,400).
o EPC came in with its second-highest occupancy level on record, just missing
last year at 40.68% versus 41.31% in 2022, but which was still 3 full
percentage points above the 10-year average (excl 2020) of 37.68%.
o SMR set an all-time occupancy record in 2023 at 45.43%, which was also
almost 5 percentage points above the 10-year average (excl 2020) of 39.92%.
o Restaurants & Stores finished at $3,532,200 through December, representing
an increase of +8.7% to budget and an increase of +34.6% to last year.
Restaurants were $2,147,700 (+4.4% to budget) and Retail Stores were
$1,384,500 (+16.0% to budget) for the year. EPC retail set a record for the
year with over $1 million in sales for the first time ever at a +24.8% increase
over last year, and SMR retail also set a record for retail revenue, with a
+44.5% increase to 2022.
o Program revenue is reported at $3,467,400, down $831,000 to budget (this
was primarily a result of revenue reclassification to Conferences, not a decline
in program participation.
o As expected, Membership revenue and Contributions revenue was $2,595,600,
almost $100,000 above budget and $145,000 above last year. Memberships
were particularly strong, coming in at +6.5% to budget.
• YTD Unrestricted Fund Expenses through December 2023 were $47,522,000,
over budget by $1,200,700 or +2.6%. Excluding COGS, insurance, utilities and
outside service costs, all other expenses were down $2,471,700 to budget:
o The largest improvement to budget among all expense lines was in salary-
related costs, which came in at $25,541,400, a savings of -$1,290,700 to
budget, which largely came in the last half of 2023.
Page 79
o Cost of Goods Sold was up significantly in 2023 at $8,196,000, an increase of
+38.6% or +$2,284,300 to budget, primarily due to inflationary effects on
food costs and use of outside services for CCO.
o Insurance and Utilities costs were up $141,500 to budget, reflecting new
premiums from the 11/1/23 renewal.
o Other expenses were over budget for the year by $1,225,000, primarily due to
additional laundry costs, incremental outside housekeeping services, and extra
outside food service contractor costs.
•Net Excess before Debt Principal payments through December 2023 was
$3,789,000, compared to the budget of $5,800,100, a variance of -$2,011,100, a
significant improvement to November YTD results. December represents the fourth
month in a row in which Net Excess was on or above budget.
•Net Excess after Debt Principal payments for FY 2023 came in at $2,404,034, a
rate of 4.69% versus budget of 8.47% and last year of 7.77%. This is a -$2,011,079
miss to the budget of $4,415,113, but an improvement of almost +$300,000 from
the November forecast of $2,107,000.
•Board Restricted Endowment Fund balance is $39,448,000 in the financial
statements through December 31st, with $31,628,000 held at TPF and $7,820,000 in
ERF funds at Wells Fargo Bank, which will be transferred to TPF in early 2024.
December represented an extremely strong finish to the year, with TPF endowment
fund holdings increasing over +20.0% for the year versus year-end 2022.
•Total Liquidity as of December 31st was $43,814,000. Total Investments as of
December 31st are $58,797,200, compared to $53,125,000 last month and
$58,076,100 last year.
•Net Assets of $151,011,400 are up $9,332,000 from the same point last year.
•Current Board Endowment Fund Borrowings are $5,185,600.
Page 80
Fiscal Year 2024 Operating and Capital Budget
The 2024 Operating and Capital Budget is based on four key priorities:
1) Revenue Growth thru Occupancy Improvements and Targeted Rate Increases
2) Nominal Expense Growth and Contingency Planning
3) Specifically Directed Staffing Changes
4) Additional Investments in Snow Mountain Ranch
We are committed to delivering budgeted results in 2024 and enter the year with the
following financial plan:
• Total Revenue is budgeted at $55,086,000, up to 2023 by $3,775,000 (+7%),
driven by the following categories:
o Conference and Retreat/Reunion revenue is budgeted at $22,538,000,
+$2,605,000 or +13%.
o Family revenue is planned at $18,664,000, an increase of +3% or +$538,000
to 2023.
o CCO revenue is $3,368,000, up +$597,000 from 2023.
o Restaurant and Stores revenue is conservatively budgeted at $3,353,000, flat
to 2023 reflecting the recovery of restaurant results in 2024.
o Program revenue at $3,715,900 is budgeted well above last year, up
$249,000 or +7%.
o Membership and Contributions revenue is planned at $2,820,000, up
$224,000 to 2023 or +9% on membership fee increases and expected results
from new fundraising programs.
• Total Expenses are budgeted at $50,346,000, an increase of +$2,824,000 (+6%)
to 2023 based on the three primary drivers outlined previously:
o Cost of Goods Sold expenses are budgeted at $8,215,000, a nominal increase
to 2024 as inflationary effects are expected to moderate.
o Employee-related expenses (Salary, Benefits, Taxes and Other Employee
Expenses) are planned at $28,120,000, up $2,579,000 or +10% from 2023.
o Insurance costs will be $2,855,000, an increase of $860,000 or +43%.
o Utilities costs are expected to continue increasing, with the budget planned at
$3,164,000, representing a +16% increase to 2023.
• Net Excess before Debt Principal is budgeted at $4,740,000 for 2024 at a rate of
8.60%, an improvement of 1.22% to the 2023 actual rate of 7.38%. After debt
principal costs of $1,440,000, Net Excess is budgeted for 2024 at $3,300,000, a rate
of 6.00% versus the 2023 actual rate of 4.69%.
• Days Cash on Hand Ratio (DCOH) is projected at 376 days at year-end 2024
(Series 2022 Bond covenant is a minimum of 90 days).
• The Debt Service Coverage Ratio (DSCR) is projected at 2.126 at year-end 2024
(covenant requires 1.30).
• Unrestricted Cash and Total Liquidity are projected to end 2024 at $2,924,000
and $44,324,000, respectively, based on the proposed budget and resulting Net
Excess.
• Board Endowment Borrowing Capacity is projected at $430,000 at year-end
2024, reflecting current borrowings and expected borrowings for SMR WFH.
Page 81
• The Operational Capital Budget is currently set at $2,107,000, which was based
on expected Net Excess after Debt Principal at the time of Executive Committee
budget approval on December 1, 2023. Final Net Excess after Debt Principal for 2023
was $2,404,034 in the preliminary (unaudited) closing. We anticipate following the
standard year-end process and adjusting the capital budget to this level after audited
financials are completed. In addition, we are preparing an additional capital request
list of up to $2,011,079 (at the request of Executive Committee, to potentially be
drawn from endowment funds). These additional funds would return 2024 capital to
the original budgeted level of $4,415,113 (original 2023 budgeted Net Excess after
Debt Principal).
Page 82
YMCA OF THE ROCKIES
FINANCIAL STATEMENTS
December 31, 2023
Page 83
2022
Total Total Total Total
Assets:
Cash 2,508,971$ -$ 2,508,971$ 1,584,193$
Investments 41,483,530 17,313,673 58,797,203 58,076,140
Accounts Receivable, net 2,111,888 - 2,111,888 2,289,393
Inventories 817,391 - 817,391 844,544
Prepaid Expenses 414,769 - 414,769 1,796,711
Contributions Receivable, net 754 5,762,816 5,763,570 6,586,376
Lease Assets 145,155 - 145,155 17,916
Property and Equipment, net 123,638,470 - 123,638,470 117,022,954
Total Assets 171,120,929$ 23,076,489$ 194,197,418$ 188,218,226$
Liabilities:
Accounts Payable 4,098,806$ 2,151$ 4,100,957$ 4,857,269
Accrued Expenses 1,958,038 - 1,958,038 2,326,264
Def. Membership Income 2,063,703 - 2,063,703 1,813,906
Def. Rental Income 1,296,609 - 1,296,609 1,119,768
Advance Deposits 4,503,039 - 4,503,039 3,924,436
Operating Lease Liabilities 145,155 - 145,155 17,916
Interest Rate Swap Agreement 1,995,482 - 1,995,482 2,180,311
Long-Term Debt 29,526,181 - 29,526,181 30,298,948
Total Liabilities 45,587,013$ 2,151$ 45,589,164$ 46,538,819$
Net Assets:
Without Donor Restrictions:
Board Designated Endowment 44,811,930$ -$ 44,811,930$ 43,388,565$
Undesignated 80,721,986 - 80,721,986 75,772,512
With Donor Restrictions:
Perpetual in Nature - 11,604,132 11,604,132 11,456,833
Purpose Restrictions - 11,470,205 11,470,205 11,061,497
Total Net Assets 125,533,916$ 23,074,338$ 148,608,254$ 141,679,408$
December 31, 2023 Financial Statements - 1
Without Donor
Restrictions
With Donor
Restrictions
2023
YMCA OF THE ROCKIES
Statements of Financial Position
December 31, 2023 and 2022
Page 84
2022
Total Total
Revenue, Gains, and Other Support
Public Support:
Membership Dues 1,064,951$ -$ 1,064,951$ 1,018,193$
Membership Fees 59,026 - 59,026 58,206
PPP Loan Forgiveness - - - -
Contributions 1,570,659 4,943,575 6,514,234 11,732,665
2,694,636 4,943,575 7,638,211 12,809,063
Program Service Revenue:
Estes Park Center 32,355,674 - 32,355,674 31,130,384
Snow Mountain Ranch 15,941,390 - 15,941,390 14,286,689
48,297,064 - 48,297,064 45,417,073
Investment Income 6,213,852 2,618,384 8,832,235 (5,781,069)
Gain/Loss on Casualty 545,527 - 545,527 8,688
Gain/Loss on Extraordinay Items 38,500 - 38,500 17,214,593
Other Income (2,023,132) - (2,023,132) (52,885)
4,774,746 2,618,384 7,393,130 11,389,327
Net Assets Released from Restrictions
Total Releases from Restrictions 6,955,957 (6,955,957) - -
Transfers within unrestricted funds
Total transfers - - - -
Total revenue, gains and other support 62,722,404$ 606,002$ 63,328,405$ 69,615,463$
Expenses
Program Services
Estes Park Center 26,100,753$ -$ 26,100,753$ 24,241,136$
Snow Mountain Ranch 16,508,588 (0)$ 16,508,588 14,050,450
Depreciation 6,121,055 - 6,121,055 5,852,926
Total Program Services 48,730,397 (0) 48,730,397 44,144,511
Supporting Services 5,590,605 - 5,590,605 5,494,830
Bond Related Fees & Amortization 24,949 - 24,949 258,489
Interest 1,390,676 - 1,390,676 1,396,894
Workforce Housing (207,916) - (207,916) (16,423)
Fund Raising 1,005,683 49,994 1,055,677 819,638
Total Expenses 56,534,393$ 49,994$ 56,584,388$ 52,097,939$
Change in Net Assets from Operations 6,188,010 556,007 6,744,017 17,517,524
Change in Interest Rate Swap Agrmt 184,828 - 184,828 5,065,389
Change in Net Assets 6,372,839 556,007 6,928,846 22,582,914
Net Assets, Beginning of Year 119,161,078$ 22,518,330 141,679,408 119,096,495
Net Assets, End of Year 125,533,916$ 23,074,338$ 148,608,254$ 141,679,409$
December 31, 2023 Financial Statements - 2
YMCA OF THE ROCKIES
Statements of Activities
Year-to-Date December 31, 2023 and 2022
2023
Without Donor
Restrictions
With Donor
Restrictions
Page 85
Original Budget Prior Year Prior Year
Actual Budget Variance %Actual Variance %
Revenue
Estes Park Center 32,365,674$ 33,584,846$ (1,219,172)$ -3.6% 31,130,384$ 1,235,291$ 4.0%
Snow Mountain Ranch 15,946,390 15,574,166 372,224 2.4% 14,286,689 1,659,701 11.6%
Executive Offices 2,998,978 2,962,363 36,615 1.2% 2,721,933 277,045 10.2%
Total Revenue 51,311,043$ 52,121,375$ (810,332)$ -1.6% 48,139,006$ 3,172,037$ 6.6%
Expenses
Estes Park Center 24,703,143$ 24,174,064$ 529,079$ 2.2% 22,573,911$ 2,129,232$ 9.4%
Snow Mountain Ranch 15,828,036 14,596,488 1,231,548 8.4% 13,338,583 2,489,453 18.7%
Executive Offices 5,590,605 6,134,407 (543,802) -8.9% 5,494,470 96,134 1.7%
Interest Expense & Bond Fees 1,400,225 1,416,303 (16,078) -1.1% 1,641,983 (241,758) -14.7%
Total Expenses 47,522,009$ 46,321,262$ 1,200,747$ 2.6% 43,048,947$ 4,473,062$ 10.4%
Net Excess - Revenue (Expenses)
Estes Park Center 7,662,532$ 9,410,782$ (1,748,251)$ -18.6% 8,556,473$ (893,941)$ -10.4%
Snow Mountain Ranch 118,354 977,678 (859,324) -87.9% 948,106 (829,753) -87.5%
Executive Offices (2,591,626) (3,172,044) 580,418 -18.3% (2,772,538) 180,911 -6.5%
Interest Expense & Bond Fees (1,400,225) (1,416,303) 16,078 -1.1% (1,641,983) 241,758 -14.7%
Net Excess - Revenue (Expenses)3,789,034$ 5,800,113$ (2,011,079)$ -35%5,090,059$ (1,301,025)$ -26%
YMCA of the Rockies
Current Unrestricted Fund By Center
Year-to-Date December 31, 2023
December 31, 2023 Financial Statements - 3
Page 86
Original Budget Prior Year Prior Year
Actual Budget Variance %Actual Variance %
Revenue
Conferences 15,729,066$ 16,211,698$ (482,632)$ -3.0% 15,087,708$ 641,357$ 4.3%
Retreat/Reunion Cabins 4,204,259 4,355,983 (151,724) -3.5% 4,244,112 (39,853) -0.9%
Cabins, lodges and camping 18,125,741 17,736,376 389,365 2.2% 16,895,546 1,230,196 7.3%
Camp Chief Ouray 2,770,730 3,082,546 (311,816) -10.1% 2,496,447 274,283 11.0%
Restaurants and stores 3,532,193 3,250,919 281,274 8.7% 2,624,484 907,709 34.6%
Programs 3,467,389 4,297,932 (830,543) -19.3% 3,774,007 (306,619) -8.1%
Membership 1,064,951 999,999 64,952 6.5% 1,018,193 46,758 4.6%
Contributions 1,530,697 1,500,000 30,697 2.0% 1,432,066 98,631 6.9%
Investment income 313,725 417,625 (103,900) -24.9% 222,045 91,680 41.3%
Other 572,293 268,297 303,996 113.3% 344,398 227,895 66.2%
Total Revenue 51,311,043$ 52,121,375$ (810,332)$ -1.6% 48,139,006$ 3,172,037$ 6.6%
Expenses
Cost of goods sold 8,195,707$ 5,911,418$ 2,284,289$ 38.6% 5,925,330$ 2,270,377$ 38.3%
Salary expense 20,517,536 20,751,830 (234,294) -1.1% 17,017,072 3,500,464 20.6%
Employee taxes and benefits 4,233,662 5,015,102 (781,440) -15.6% 3,814,827 418,834 11.0%
Other employee expenses 790,178 1,065,244 (275,066) -25.8% 905,625 (115,447) -12.7%
Supplies 1,704,916 1,810,705 (105,789) -5.8% 1,716,933 (12,017) -0.7%
Equipment 1,841,083 1,888,583 (47,500) -2.5% 1,661,986 179,097 10.8%
Repair and replacement 1,764,608 2,458,049 (693,441) -28.2% 2,046,954 (282,346) -13.8%
Utilities 2,737,429 2,655,744 81,685 3.1% 2,967,088 (229,658) -7.7%
Telephone/Internet 403,902 461,021 (57,119) -12.4% 399,451 4,451 1.1%
Insurance 1,994,889 1,935,035 59,854 3.1% 1,726,977 267,912 15.5%
Property taxes 41,498 47,852 (6,354) -13.3%57,872 (16,373) -28.3%
Credit card fees 1,027,816 996,820 30,996 3.1% 965,832 61,984 6.4%
Bond Related Fees 11,549 - 11,549 #DIV/0!245,089 (233,540) -95.3%
Interest expense 1,388,676 1,416,303 (27,627) -2.0% 1,396,894 (8,218) -0.6%
Professional services 472,726 672,508 (199,782) -29.7% 544,363 (71,636) -13.2%
Marketing 546,461 818,653 (272,192) -33.2% 571,541 (25,080) -4.4%
Endowment fund transfer (1,170,505) (1,170,505) - 0.0% (1,341,850) 171,345 -12.8%
Development expense transfer (1,025,424) (1,233,650) 208,226 -16.9% (819,638) (205,786) 25.1%
Other 2,045,302 820,550 1,224,752 149.3% 3,246,604 (1,201,301) -37.0%
Total Expenses 47,522,009$ 46,321,262$ 1,200,747$ 2.6% 43,048,947$ 4,473,062$ 10.4%
Net Excess - Revenue (Expenses)3,789,034$ 5,800,113$ (2,011,079)$ -35%5,090,059$ (1,301,025)$ -25.6%
YMCA of the Rockies
Current Unrestricted Fund By Categories
Year-to-Date December 31, 2023
December 31, 2023 Financial Statements - 4
Page 87
Original Budget Prior Year Prior Year
Actual Budget Variance %Actual Variance %
Revenue
Conferences 11,251,021$ 12,484,151$ (1,233,130)$ -9.9%11,621,562$ (370,541)$ -3.2%
Retreat/Reunion Cabins 2,611,306 2,750,957 (139,651) -5.1%2,710,518 (99,212) -3.7%
Cabins, lodges and camping 13,640,981 13,172,825 468,156 3.6%12,400,545 1,240,436 10.0%
Restaurants and stores 2,532,900 2,457,613 75,287 3.1%2,021,840 511,060 25.3%
Programs 1,993,691 2,608,522 (614,831) -23.6%2,193,164 (199,473) -9.1%
Other 325,776 110,778 214,998 194.1%182,754 143,021 78.3%
Total Revenue 32,365,674$ 33,584,846$ (1,219,172)$ -3.6%31,130,384$ 1,235,291$ 4.0%
Expenses
Cost of goods sold 4,865,899$ 3,906,161$ 959,738$ 24.6%4,143,464$ 722,435$ 17.4%
Salary expense 9,789,522 9,931,932 (142,410) -1.4%7,964,494 1,825,028 22.9%
Employee taxes and benefits 2,098,457 2,314,194 (215,737) -9.3%1,832,366 266,091 14.5%
Other employee expenses 358,856 489,582 (130,726) -26.7%398,613 (39,757) -10.0%
Supplies 1,027,507 1,216,591 (189,084) -15.5%1,191,527 (164,020) -13.8%
Equipment 882,746 1,047,953 (165,207) -15.8%720,044 162,702 22.6%
Repair and replacement 1,252,547 1,685,163 (432,616) -25.7%1,475,681 (223,134) -15.1%
Utilities 1,987,763 1,990,277 (2,514) -0.1%2,264,566 (276,803) -12.2%
Telephone/Internet 244,151 252,502 (8,351) -3.3%230,540 13,610 5.9%
Insurance 1,356,361 1,312,423 43,938 3.3%1,171,063 185,298 15.8%
Property taxes 23,889 31,319 (7,430) -23.7%38,395 (14,506) -37.8%
Credit card fees 681,088 639,996 41,092 6.4%603,950 77,138 12.8%
Professional services 97,202 110,240 (13,038) -11.8%129,017 (31,815) -24.7%
Endowment fund transfer (789,336) (789,336) 0 0.0%(959,391) 170,055 -17.7%
Other 826,493 35,067 791,426 2256.9%1,369,582 (543,089) -39.7%
Total Expenses 24,703,143$ 24,174,064$ 529,079$ 2.2%22,573,911$ 2,129,232$ 9.4%
Net Excess - Revenue (Expenses)7,662,532$ 9,410,782$ (1,748,251)$ -18.6%8,556,473$ (893,941)$ -10.4%
YMCA of the Rockies
Estes Park Center By Categories
Year-to-Date December 31, 2023
December 31, 2023 Financial Statements - 5
Page 88
Original Budget Prior Year Prior Year
Actual Budget Variance %Actual Variance %
Revenue
Conferences 4,478,045 3,727,547 750,498 20.1% 3,466,147 1,011,898 29.2%
Retreat/Reunion Cabins 1,592,953 1,605,026 (12,073) -0.8% 1,533,594 59,359 3.9%
Cabins, lodges and camping 4,484,761 4,563,551 (78,790) -1.7% 4,495,001 (10,240) -0.2%
Camp Chief Ouray 2,770,730 3,082,546 (311,816) -10.1% 2,496,447 274,283 11.0%
Restaurants and stores 999,293 793,306 205,987 26.0% 602,644 396,649 65.8%
Programs 1,473,697 1,689,410 (215,713) -12.8% 1,580,843 (107,146) -6.8%
Other 141,911 112,780 29,131 25.8% 112,014 29,897 26.7%
Total Revenue 15,946,390$ 15,574,166$ 372,224$ 2.4% 14,286,689$ 1,659,701$ 11.6%
Expenses
Cost of goods sold 3,329,808$ 2,005,257$ 1,324,551$ 66.1% 1,781,866$ 1,547,943$ 86.9%
Salary expense 7,051,359 7,028,151 23,208 0.3% 5,637,701 1,413,658 25.1%
Employee taxes and benefits 1,228,049 1,554,938 (326,889) -21.0% 1,121,005 107,044 9.5%
Other employee expenses 306,369 407,311 (100,942) -24.8% 366,007 (59,639) -16.3%
Supplies 639,158 514,382 124,776 24.3% 511,370 127,788 25.0%
Equipment 733,001 630,889 102,112 16.2% 604,752 128,249 21.2%
Repair and replacement 512,061 772,886 (260,825) -33.7% 571,273 (59,212) -10.4%
Utilities 749,666 665,467 84,199 12.7% 702,521 47,145 6.7%
Telephone/Internet 95,732 130,966 (35,234) -26.9% 106,804 (11,073) -10.4%
Insurance 638,528 622,612 15,916 2.6% 555,914 82,613 14.9%
Property taxes 17,609 16,533 1,076 6.5%19,477 (1,867) -9.6%
Credit card fees 311,968 329,200 (17,232) -5.2% 332,018 (20,050) -6.0%
Professional services 56,970 80,199 (23,229) -29.0%65,386 (8,416) -12.9%
Endowment fund transfer (381,169) (381,169) (0) 0.0% (382,459) 1,290 -0.3%
Other 538,928 218,866 320,062 146.2% 1,344,947 (806,019) -59.9%
Total Expenses 15,828,036$ 14,596,488$ 1,231,548$ 8.4% 13,338,583$ 2,489,453$ 18.7%
Net Excess - Revenue (Expenses)118,354$ 977,678$ (859,324)$ -87.9%948,106$ (829,753)$ -87.5%
YMCA of the Rockies
Snow Mountain Ranch By Categories
Year-to-Date December 31, 2023
December 31, 2023 Financial Statements - 6
Page 89
Original Budget Prior Year Prior Year
Actual Budget Variance %Actual Variance %
Revenue
Membership 1,064,951$ 999,999$ 64,952$ 6.5% 1,018,193$ 46,758$ 4.6%
Contributions 1,515,697 1,500,000 15,697 1.0% 1,432,066 83,631 5.8%
Investment income 313,725 417,625 (103,900) -24.9% 222,045 91,680 41.3%
Other 104,606 44,739 59,867 133.8%49,630 54,976 110.8%
Total Revenue 2,998,978$ 2,962,363$ 36,615$ 1.2% 2,721,933$ 277,045$ 10.2%
Expenses
Salary expense 3,676,655 3,791,747 (115,092) -3.0% 3,414,877 261,778 7.7%
Employee taxes and benefits 907,156 1,145,970 (238,814) -20.8% 861,456 45,700 5.3%
Other employee expenses 124,954 168,351 (43,397) -25.8% 141,005 (16,051) -11.4%
Supplies 38,251 79,732 (41,481) -52.0%14,035 24,215 172.5%
Equipment 225,336 209,741 15,595 7.4% 337,190 (111,854) -33.2%
Telephone/Internet 64,020 77,553 (13,533) -17.5%62,107 1,913 3.1%
Credit card fees 34,760 27,624 7,136 25.8%29,864 4,897 16.4%
Professional services 318,554 482,069 (163,515) -33.9% 349,960 (31,405) -9.0%
Marketing 546,461 818,653 (272,192) -33.2% 571,541 (25,080) -4.4%
Development expense transfer (1,025,424) (1,233,650) 208,226 -16.9% (819,638) (205,786) 25.1%
Other 679,882 566,617 113,265 20.0% 532,075 147,807 27.8%
Total Expenses 5,590,605$ 6,134,407$ (543,802)$ -8.9% 5,494,470$ 96,134$ 1.7%
Net Excess - Revenue (Expenses)(2,591,626)$ (3,172,044)$ 580,418$ -18.3%(2,772,538)$ 180,911$ -6.5%
YMCA of the Rockies
Executive Office By Categories
Year-to-Date December 31, 2023
December 31, 2023 Financial Statements - 7
Page 90
Actual Prior Year
Forecast Budget Budget Actual Prior Year
Total Total Variance %Total Variance %
Revenue
EPC Revenue 32,365,674 33,584,846 (1,219,172) -4% 31,130,384 1,235,291 4%
SMR Revenue 15,946,390 15,574,166 372,224 2% 14,286,689 1,659,701 12%
EXO Revenue 2,998,978 2,962,363 36,615 1% 2,721,933 277,045 10%
Total Revenue 51,311,043 52,121,375 (810,332) -2% 48,139,006 3,172,037 7%
Expenses
EPC Expenses 24,703,143 24,174,064 529,079 2% 22,573,911 2,129,232 9%
SMR Expenses 15,828,036 14,596,488 1,231,548 8% 13,338,583 2,489,453 19%
EXO Expenses 5,590,605 6,134,407 (543,802) -9% 5,494,470 96,134 2%
Interest Expense & Bond Fees 1,400,225 1,416,303 (16,078) -1% 1,641,983 (241,758) -15%
Total Expenses 47,522,009 46,321,262 1,200,747 3% 43,048,947 4,473,062 10%
Net Excess
EPC Net Excess 7,662,532 9,410,782 (1,748,251) -19% 8,556,473 (893,941) -10%
SMR Net Excess 118,354 977,678 (859,324) -88% 948,106 (829,753) -88%
EXO Net Exesss (2,591,626) (3,172,044) 580,418 -18% (2,772,538) 180,911 -7%
Interest Expense & Bond Fees Net Excess (1,400,225) (1,416,303) 16,078 -1% (1,641,983) 241,758 -15%
Total Net Excess 3,789,034 5,800,113 (2,011,079) -35% 5,090,059 (1,301,025) -26%
YMCA of the Rockies
Forecasted Current Unrestricted Fund by Center
Year Ending December 31, 2023 (as of December 31, 2023)
December 31, 2023 Financial Statements - 8
Page 91
Actual Adjusted Prior Year
Forecast Budget Budget Actual Prior Year
Total Total Variance %Total Variance %
Revenue
Conferences 15,729,066 16,211,698 (482,632) -3%15,087,708 641,357 4%
Retreat and Reunion Cabins 4,204,259 4,355,983 (151,724) -3%4,244,112 (39,853) -1%
Cabins, Lodges, and Camping 18,125,741 17,736,376 389,365 2%16,895,546 1,230,196 7%
Camp Chief Ouray 2,770,730 3,082,546 (311,816) -10%2,496,447 274,283 11%
Restaurant and Stores 3,532,193 3,250,919 281,274 9%2,624,484 907,709 35%
Programs 3,467,389 4,297,932 (830,543) -19%3,774,007 (306,619) -8%
Membership 1,064,951 999,999 64,952 6%1,018,193 46,758 5%
Contributions 1,530,697 1,500,000 30,697 2%1,432,066 98,631 7%
Investment Income 313,725 417,625 (103,900) -25%222,045 91,680 41%
Other Income 572,293 268,297 303,996 113%344,398 227,895 66%
Total Revenue 51,311,043 52,121,375 (810,332) -2%48,139,006 3,172,037 7%
Expenses
COGS 8,195,707 5,911,418 2,284,289 39%5,925,330 2,270,377 38%
Salary 20,517,536 20,751,830 (234,294) -1%17,017,072 3,500,464 21%
Benefits/Taxes 4,233,662 5,015,102 (781,440) -16%3,814,827 418,834 11%
Other Employee 790,178 1,065,244 (275,066) -26%905,625 (115,447) -13%
Supplies 1,704,916 1,810,705 (105,789) -6%1,716,933 (12,017) -1%
Equipment 1,841,083 1,888,583 (47,500) -3%1,661,986 179,097 11%
Repair/Replacement 1,764,608 2,458,049 (693,441) -28%2,046,954 (282,346) -14%
Utilities 2,737,429 2,655,744 81,685 3%2,967,088 (229,658) -8%
Telephone/Internet 403,902 461,021 (57,119) -12%399,451 4,451 1%
Insurance 1,994,889 1,935,035 59,854 3%1,726,977 267,912 16%
Property Taxes 41,498 47,852 (6,354) -13%57,872 (16,373) -28%
Credit Card Fees 1,027,816 996,820 30,996 3%965,832 61,984 6%
Interest Expense 1,388,676 1,416,303 (27,627) -2%1,396,894 (8,218) -1%
Bond Related Fees 11,549 - 11,549 #DIV/0!245,089 (233,540) -95%
Prof Services 472,726 672,508 (199,782) -30%544,363 (71,636) -13%
Marketing 546,461 818,653 (272,192) -33%571,541 (25,080) -4%
End Fund Transfer (1,170,505) (1,170,505) - 0%(1,341,850) 171,345 -13%
Develop Exp Transfer (1,025,424) (1,233,650) 208,226 -17%(819,638) (205,786) 25%
Other Expenses 2,045,302 820,550 1,224,752 149%3,246,604 (1,201,301) -37%
Total Expenses 47,522,009 46,321,262 1,200,747 3%43,048,947 4,473,062 10%
Net Excess 3,789,034 5,800,113 (2,011,079) -35%5,090,059 (1,301,025) -26%
Forecasted Current Unrestricted Fund by Categories
YMCA of the Rockies
December 31, 2023 Financial Statements - 9
Year Ending December 31, 2023 (as of December 31, 2023)
Page 92
Actual Adjusted Prior Year
Forecast Budget Budget Actual Prior Year
Total Total Variance %Total Variance %
Revenue
Conferences 11,251,021 12,484,151 (1,233,130) -10% 11,621,562 (370,541) -3%
Retreat and Reunion Cabins 2,611,306 2,750,957 (139,651) -5% 2,710,518 (99,212) -4%
Cabins, Lodges, and Camping 13,640,981 13,172,825 468,156 4% 12,400,545 1,240,436 10%
Restaurant and Stores 2,532,900 2,457,613 75,287 3% 2,021,840 511,060 25%
Programs 1,993,691 2,608,522 (614,831) -24% 2,193,164 (199,473) -9%
Other Income 325,776 110,778 214,998 194% 182,754 143,021 78%
Total Revenue 32,365,674 33,584,846 (1,219,172) -4% 31,130,384 1,235,291 4%
Expenses
COGS 4,865,899 3,906,161 959,738 25% 4,143,464 722,435 17%
Salary 9,789,522 9,931,932 (142,410) -1% 7,964,494 1,825,028 23%
Benefits/Taxes 2,098,457 2,314,194 (215,737) -9% 1,832,366 266,091 15%
Other Employee 358,856 489,582 (130,726) -27% 398,613 (39,757) -10%
Supplies 1,027,507 1,216,591 (189,084) -16% 1,191,527 (164,020) -14%
Equipment 882,746 1,047,953 (165,207) -16% 720,044 162,702 23%
Repair/Replacement 1,252,547 1,685,163 (432,616) -26% 1,475,681 (223,134) -15%
Utilities 1,987,763 1,990,277 (2,514) 0% 2,264,566 (276,803) -12%
Telephone/Internet 244,151 252,502 (8,351) -3% 230,540 13,610 6%
Insurance 1,356,361 1,312,423 43,938 3% 1,171,063 185,298 16%
Property Taxes 23,889 31,319 (7,430) -24% 38,395 (14,506) -38%
Credit Card Fees 681,088 639,996 41,092 6% 603,950 77,138 13%
Prof Services 97,202 110,240 (13,038) -12% 129,017 (31,815) -25%
End Fund Transfer (789,336) (789,336) 0 0% (959,391) 170,055 -18%
Other Expenses 826,493 35,067 791,426 2257% 1,369,582 (543,089) -40%
Total Expenses 24,703,143 24,174,064 529,079 2% 22,573,911 2,129,232 9%
Net Excess 7,662,532 9,410,782 (1,748,251) -19% 8,556,473 (893,941) -10%
Forecasted Estes Park Center by Categories
Year Ending December 31, 2023 (as of December 31, 2023)
December 31, 2023 Financial Statements - 10
YMCA of the Rockies
Page 93
Actual Adjusted Prior Year
Forecast Budget Budget Actual Prior Year
Revenue Total Total Variance %Total Variance %
Conferences 4,478,045 3,727,547 750,498 20% 3,466,147 1,011,898 29%
Retreat and Reunion Cabins 1,592,953 1,605,026 (12,073) -1% 1,533,594 59,359 4%
Cabins, Lodges, and Camping 4,484,761 4,563,551 (78,790) -2% 4,495,001 (10,240) 0%
Camp Chief Ouray 2,770,730 3,082,546 (311,816) -10% 2,496,447 274,283 11%
Restaurant and Stores 999,293 793,306 205,987 26% 602,644 396,649 66%
Programs 1,473,697 1,689,410 (215,713) -13% 1,580,843 (107,146) -7%
Other Income 141,911 112,780 29,131 26% 112,014 29,897 27%
Total Revenue 15,946,390 15,574,166 372,224 2% 14,286,689 1,659,701 12%
Expenses
COGS 3,329,808 2,005,257 1,324,551 66% 1,781,866 1,547,943 87%
Salary 7,051,359 7,028,151 23,208 0% 5,637,701 1,413,658 25%
Benefits/Taxes 1,228,049 1,554,938 (326,889) -21% 1,121,005 107,044 10%
Other Employee 306,369 407,311 (100,942) -25% 366,007 (59,639) -16%
Supplies 639,158 514,382 124,776 24% 511,370 127,788 25%
Equipment 733,001 630,889 102,112 16% 604,752 128,249 21%
Repair/Replacement 512,061 772,886 (260,825) -34% 571,273 (59,212) -10%
Utilities 749,666 665,467 84,199 13% 702,521 47,145 7%
Telephone/Internet 95,732 130,966 (35,234) -27% 106,804 (11,073) -10%
Insurance 638,528 622,612 15,916 3% 555,914 82,613 15%
Property Taxes 17,609 16,533 1,076 7% 19,477 (1,867) -10%
Credit Card Fees 311,968 329,200 (17,232) -5% 332,018 (20,050) -6%
Prof Services 56,970 80,199 (23,229) -29% 65,386 (8,416) -13%
End Fund Transfer (381,169) (381,169) (0) 0% (382,459) 1,290 0%
Other Expenses 538,928 218,866 320,062 146% 1,344,947 (806,019) -60%
Total Expenses 15,828,036 14,596,488 1,231,548 8% 13,338,583 2,489,453 19%
Net Excess 118,354 977,678 (859,324) -88% 948,106 (829,753) -88%
YMCA of the Rockies
Forecasted Snow Mountain Ranch by Categories
Year Ending December 31, 2023 (as of December 31, 2023)
December 31, 2023 Financial Statements - 11
Page 94
Actual Adjusted Prior Year
Forecast Budget Budget Actual Prior Year
Revenue Total Total Variance %Total Variance %
Membership 1,064,951 999,999 64,952 6% 1,018,193 46,758 5%
Contributions 1,515,697 1,500,000 15,697 1% 1,432,066 83,631 6%
Investment Income 313,725 417,625 (103,900) -25% 222,045 91,680 41%
Other Income 104,606 44,739 59,867 134% 49,630 54,976 111%
Total Revenue 2,998,978 2,962,363 36,615 1% 2,721,933 277,045 10%
Expenses
Salary 3,676,655 3,791,747 (115,092) -3% 3,414,877 261,778 8%
Benefits/Taxes 907,156 1,145,970 (238,814) -21% 861,456 45,700 5%
Other Employee 124,954 168,351 (43,397) -26% 141,005 (16,051) -11%
Supplies 38,251 79,732 (41,481) -52% 14,035 24,215 173%
Equipment 225,336 209,741 15,595 7% 337,190 (111,854) -33%
Telephone/Internet 64,020 77,553 (13,533) -17% 62,107 1,913 3%
Credit Card Fees 34,760 27,624 7,136 26% 29,864 4,897 16%
Prof Services 318,554 482,069 (163,515) -34% 349,960 (31,405) -9%
Marketing 546,461 818,653 (272,192) -33% 571,541 (25,080) -4%
Develop Exp Transfer (1,025,424) (1,233,650) 208,226 -17% (819,638) (205,786) 25%
Other Expenses 679,882 566,617 113,265 20% 532,074 147,807 28%
Total Expenses 5,590,605 6,134,407 (543,802) -9% 5,494,470 96,134 2%
Net Excess (2,591,626) (3,172,044) 580,418 -18% (2,772,538) 180,911 -7%
December 31, 2023 Financial Statements - 12
YMCA of the Rockies
Forecasted Executive Offices by Categories
Year Ending December 31, 2023 (as of December 31, 2023)
Page 95
Actual 2023 Forecast 2023 Budget Over (Under)
Name Year to Date Total Total Variance
2023 Capital Budget
Association Offices 2023 Capital Budget
New Accounting System - Sage Intact Implementation 16,531 16,531 10,000 6,531
PMS (Hotelkey) System Implementation 9,900 9,900 10,150 (250)
EXO Building Remodel Completion 13,924 13,924 30,757 (16,833)
Staff Housing Cameras 9,887 9,887 10,000 (113)
Telephone Equipment Upgrade 0 0 30,000 (30,000)
COO Vehicle 37,669 37,669 35,000 2,669
POS & Front Desk Equipment for HotelKey 76,787 76,787 40,000 36,787
PMS Implementation Fees 16,830 16,830 59,400 (42,570)
Website Redevelopments.60,568 60,568 75,000 (14,433)
IT Connectivity & Infrastructure - Access Points 5,955 5,955 7,000 (1,045)
IT Connectivity & Infrastructure - Lodge WiFi 204,266 204,266 144,000 60,266
IT Connectivity & Infrastructure - Fiber & Cabling 114,885 114,885 175,000 (60,115)
IT Connectivity & Infrastructure - Switches 249,843 249,843 274,000 (24,157)
Security Assessment 18,000 18,000 25,000 (7,000)
Association Office Total 835,044 835,044 995,307 (160,263)
Estes Park Center 2023 Capital Budget
Staff Kitchens in Lodges 6,236 6,236 5,638 598
Pineroom Kitchen Equipment & Hood 58,425 58,425 121,857 (63,432)
Ku m Ba Yah Cabin 6,110 6,110 6,110 -
Mountainside Drive Paving 245,000 245,000 300,000 (55,000)
EPC Operational Investment in Cabins 256,407 256,407 75,000 181,407
Wind River Boiler (Env. Sustainability)309,833 309,833 305,000 4,833
Food Service Boiler 78,771 78,771 - 78,771
Longhouse Roof (Insurance Claim)57,728 57,728 - 57,728
Fire Panel 48,175 48,175 50,000 (1,825)
Year Ending December 31, 2023
YMCA OF THE ROCKIES
PROPERTY AND EQUIPMENT FUNDED BY THE CURRENT UNRESTRICTED FUND
Page 96
Actual 2023 Forecast 2023 Budget Over (Under)
Name Year to Date Total Total Variance
Year Ending December 31, 2023
YMCA OF THE ROCKIES
PROPERTY AND EQUIPMENT FUNDED BY THE CURRENT UNRESTRICTED FUND
Housekeeping Vehicles 59,750 59,750 120,000 (60,250)
Implement Shed Roof 30,931 30,931 21,134 9,797
Kitchen Walk-in Cooler 84,606 84,606 66,579 18,027
Electrical Power Logger 5,070 5,070 6,500 (1,430)
HR Bed Frames/Mattresses 48,875 48,875 49,125 (250)
Central Lodge Ice Machines 40,974 40,974 34,000 6,974
Willome Boiler Replacement 12,382 12,382 - 12,382
Longhouse Floor (before Insurance claim)15,208 15,208 - 15,208
Wind River Meeting Rooms Improvements 97,763 97,763 - 97,763
Pool Pump replacement 8,407 8,407 - 8,407
Estes Park Center Total 1,470,651 1,470,651 1,595,193 (124,542)
Snow Mountain Ranch 2023 Capital Budget
SMR On-site Workforce Housing 0 0 25,000 (25,000)
Gaylord Dam Renovation Year 2 175,332 175,332 110,287 65,045
Just - Spare Pump for Quick Change - - 13,000 (13,000)
Towable Generator 27,615 27,615 25,890 1,725
Remodel Kiva Back Restrooms 4,970 4,970 4,140 830
7-Bedroom Furniture Replacement 4,122 4,122 4,122 -
2022 Vehicle #2 5,461 5,461 5,461 0
Granby Outpost 1,395,908 1,395,908 1,300,889 95,019
SMR Operational Investment in Cabins 128,471 128,471 150,000 (21,529)
Placeholder for Project Manager Salary Distribution - - - -
Vehicles (all departments)25,000 25,000 82,628 (57,628)
Utility Line Improvements 808,662 808,662 190,000 618,662
Utilities Survey and Mapping 37,230 37,230 30,000 7,230
Carpet Cleaning Equipment 43,909 43,909 44,000 (91)
Buckboard Grill Flooring & Kitchen Remodel 67,440 67,440 - 67,440
Signage Plan & Signs 111,888 111,888 150,000 (38,112)
Pool Guard Stand 6,841 6,841 7,000 (159)
Page 97
Actual 2023 Forecast 2023 Budget Over (Under)
Name Year to Date Total Total Variance
Year Ending December 31, 2023
YMCA OF THE ROCKIES
PROPERTY AND EQUIPMENT FUNDED BY THE CURRENT UNRESTRICTED FUND
Roof for Pinecone Cabin 13,843 13,843 28,000 (14,158)
Conference Services Trailer 9,999 9,999 10,000 (1)
Kiva-Exhaust Fan 0 0 10,000 (10,000)
Pool Exterior Paint 18,500 18,500 50,000 (31,500)
Plow Truck 31,493 31,493 35,000 (3,507)
Snowmobile 18,204 18,204 20,000 (1,796)
General Manager Office Partition Wall 16,195 16,195 - 16,195
Rowley Homestead Preservation 29,940 29,940 30,000 (60)
Combi Oven 0 0 - 0
IPL Fire Panel 25,281 25,281 - 25,281
Blue Ridge 82,541 82,541 - 82,541
Auto Shop Lift 20,613 20,613 20,000 613
Snow Mountain Ranch Total 3,109,456 3,109,456 2,597,772 511,684
Total 2023 Capital Budget Spend 5,415,150 5,415,150 5,188,272 226,878
2023 Contigency Funds 0 0 609,445 (609,445)
CCO Expansion from Operations--2022 Carryover 1,268,153 1,268,153 1,346,382 (78,229)
SMR Cabins Funded By Prepaid Rent 0 0 - 0
2023 Capital Budget from Operations 6,683,303 6,683,303 7,144,099 -460,796
CCO Expansion from Water Proceeds Funds 3,579,269 3,579,269 3,479,269 100,000
Endowment Funded Capital Projects
Glacier Lodge Improvements 259,503 259,503 620,758 (361,255)
CCO Expansion 600,000 600,000 - 600,000
SMR On-site Workforce Housing 80,514 80,514 - 80,514
Wildwood Duplex WFH 41,985 41,985 47,341 (5,356)
Capital Funded from Endowment Borrowings 982,002 982,002 668,099 313,903
Page 98
Actual 2023 Forecast 2023 Budget Over (Under)
Name Year to Date Total Total Variance
Year Ending December 31, 2023
YMCA OF THE ROCKIES
PROPERTY AND EQUIPMENT FUNDED BY THE CURRENT UNRESTRICTED FUND
Granby Outpost 2022 Purchase (prefunded from 2023 Capital Budget)
SMR 8th Street Granby Workforce Housing Purchase (1,299,262) (1,299,262) (1,300,889) 1,627
TOTAL 2023 CAPITAL BUDGET 9,945,312 9,945,312 9,990,578 (45,266)
December 31, 2023 Financial Statements - 13
Page 99
Actual 2023 Forecast 2023 Budget Over (Under)
Name Year to Date Total Total Variance
2023 Capital Budget
Association Office Total 835,044 835,044 995,307 (160,263)
Estes Park Center Total 1,470,651 1,470,651 1,595,193 (124,542)
Snow Mountain Ranch Total 3,109,456 3,109,456 2,597,772 511,684
Total 2023 Capital Budget Spend 5,415,150 5,415,150 5,188,272 226,878
2023 Contigency Funds 0 0 609,445 (609,445)
CCO Expansion from Operations--2022 Carryover 1,268,153 1,268,153 1,346,382 (78,229)
2023 Capital Budget from Operations 6,683,303 6,683,303 7,144,099 -460,796
CCO Expansion from Water Proceeds Funds 3,579,269 3,579,269 3,479,269 100,000
Endowment Funded Capital Projects
Glacier Lodge Improvements 259,503 259,503 620,758 (361,255)
CCO Expansion 600,000 600,000 - 600,000
SMR On-site Workforce Housing 80,514 80,514 - 80,514
Wildwood Duplex WFH 41,985 41,985 47,341 (5,356)
Capital Funded from Endowment Borrowings 982,002 982,002 668,099 313,903
Granby Outpost 2022 Purchase (prefunded from 2023 Capital Budget)
SMR 8th Street Granby Workforce Housing Purchase (1,299,262) (1,299,262) (1,300,889) 1,627
TOTAL 2023 CAPITAL BUDGET 9,945,312 9,945,312 9,990,578 (45,266)
Year Ending December 31, 2023
December 31, 2023 Financial Statements - 13
YMCA OF THE ROCKIES
PROPERTY AND EQUIPMENT FUNDED BY THE CURRENT UNRESTRICTED FUND
Page 100
YMCA of the Rockies
2023 Unrestricted Cash & Investment Forecast
Year Ending December 31, 2023 (as of December 31, 2023)
Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual Forecast Actual Year
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec to Totals
2023 2023 2023 2023 2023 2023 2023 2023 2023 2023 2023 2023 Date 2023
Excess revenue (expenses)(381) (1,624) (865) (2,197) (540) 3,634 5,730 678 1,438 (252) (1,407) (425) 3,789 3,789
Balance Sheet Changes to Cash 1,428 982 814 1,559 1,396 (3,614) (3,088) (1,670) (2,337) (275) 1,757 978 (2,070) (2,108)
Debt reduction funded by C.U.F.0 0 0 0 0 0 0 0 0 (1,385) 0 0 (1,385) (1,385)
Net Cash & Investment inc (dec)1,047 (642)(51)(638)856 20 2,642 (992)(899)(1,912)350 553 334 296
Beginning Cash & Investment Balance 4,032 5,079 4,437 4,386 3,748 4,604 4,624 7,266 6,274 5,375 3,463 3,813 4,032 4,032
Ending Cash & Investment Balance 5,079 4,437 4,386 3,748 4,604 4,624 7,266 6,274 5,375 3,463 3,813 4,366 4,366 4,328
Board Restricted Endowment 34,201 35,920 35,802 36,280 35,971 36,679 38,055 38,966 38,433 37,466 36,256 39,448
Board Restricted Endowment - CCO Capital Improvements3,479 3,121 2,617 2,206 1,668 1,243 100 100 100 100 0 0
Total Liquidity 42,759 43,478 42,805 42,234 42,243 42,546 45,421 45,340 43,908 41,029 40,069 43,814
1,000
0
(1)
More than $1M in Operating Cash
Between $0 and $1M in Operating Cash
Less than $0 in Operating Cash
December 31, 2023 Financial Statements - 14
Page 101
YMCA of the Rockies
Investment Portfolio
December 31, 2023
Purchase Maturity
Investment Holdings Date Date Yield Value
WFB Money Market Fund N/A N/A 969,792$
WFB Emergency Reserve Fund N/A N/A 7,819,983$
Schwab Stock Gifts on Hand and not sold 256,641
Bank of Colorado Money Market N/A N/A N/A -
Misc.N/A N/A N/A 1
9,046,417
TPF Funds - Money Market Fund N/A N/A N/A 2,216,437
TPF Funds -Pooled Income Fund N/A N/A N/A 220,533
TPF Funds - Board Emergency Reserve Fund N/A N/A N/A 371,066
TPF Funds - Endowment N/A N/A N/A 45,021,530
TPF Funds - Cabin Donor Fund N/A N/A N/A 367,747
TPF Funds - Special Use N/A N/A N/A 1,553,473
Total Investments 58,797,203$
Investments Breakdown by Fund (Endowment and Unrestricted)
Board Designated Endowment 39,448,048
Board Designated Endowment - CCO Designated Water Proceeds for Capital Improvements 0
Donor Endowment Funds 13,773,325
Total Endowment Funds 53,221,374
Temporarily Restricted Funds 3,540,348
Unrestricted Investments 1,857,157
Designated Columbarium Reserve 178,324
Total Investments 58,797,203
Investments Breakdown by Restrictions:
Unrestricted Investments 1,857,157$
Designated Columbarium Reserve 178,324
Board Designated Endowment 31,256,999
TPF Board Designated Emergency Reserve 371,066
WFB Board Designated Emergency Reserve 7,819,983
Donor Restricted Investments:
Building Projects 1,029,724
Specific Programs 2,290,091
Pooled Income Fund 220,533
Temporarily Restricted End. Funds 2,943,533
Permanent Endowment Funds 10,829,792
Total Investments 58,797,203$
December 31, 2023 Financial Statements - 15
Page 102
YMCA of the Rockies
Financial Health Model Summary - Forecast 2023 as of December 31, 2023
Goal 1 & 2: After debt service is covered by EPC, 10% of revenue exists in net excess for capital purchases in the following year.
EPC SMR EXO Total
Revenue 32,365,674 15,946,390 2,998,978 51,311,043
Net Excess 7,662,532 118,354 (3,991,851) 3,789,034
Less Debt Service (2,785,225) - 1,400,225 (1,385,000)
Net Excess net of Debt Service 4,877,307 118,354 (2,591,626) 2,404,034
% of Revenue 15.1%0.7%-86.4%4.7%
Note: The total available for 2024 capital is 4.7% which is below the goal of 10% and below budgeted amount of 8.5%.
Goal 3: Repair and replacement expense is no less than 3% of revenue per center, with a goal of 5% or higher.
EPC SMR EXO Total
Repair and replacement 1,252,547 512,061 - 1,764,608
Revenue 32,365,674 15,946,390 2,998,978 51,311,043
% of Revenue 3.9%3.2%0.0%3.4%
Note: Both EPC and SMR are within the approved range, 3.9% and 3.2% respectfully.
Goal 4: Any unexpected non-operational and unrestricted cash inflows will be transferred to the Board Endowment Fund.
Note: In compliance. Estate gift of $31,964.46 was received in December 2022 and was transferred to board retricted endowment fund in early 2023.
An estate gift was received in June 2023 and was transferred to board restricted endowment fund in July.
An estate gift was received in December 2023 and was transferred to board restricted endowment fund in January 2024.
Goal 5: Compliance with all loan covenants (DCOH of at least 90 days, DSCR minimum of 1.30)
Cash 2,508,971 Total Expenses 46,121,784
Unrestricted Investments 41,483,530 Less Depreciation (6,121,055)
Unrestricted Cash & Investments 43,992,501 Operating Expenses excluding Depreciation 40,000,729
Actual Days Cash on Hand (DCOH)401
Minimum Days Cash on Hand (DCOH)90
DCOH over Minimum 311
DSCR at Year-End (1.30 Minimum)1.787
Goal 6: Board Designated Endowment Borrowings limited to 25% and repaid according to Board policy.
Endowment Balance as of 12/31/23 39,448,048 Total Borrowing Base 44,633,606
Plus Amounts Previously Borrowed 5,185,558 Times 25% Limit 11,158,402
Less Future Operational Draws - Less Amounts Currently Borrowed (5,185,558)
Total Borrowing Base 44,633,606 Less Amounts to be Borrowed in 2024 (5,600,000)
Remaining Borrowing Capacity 12/31/2023 372,843
December 31, 2023 Financial Statements - 16
Page 103
YMCA of the Rockies
2024 Forecast
Net Excess Usage, Sources and Uses for Capital, and Endowment Borrowing Capacity
Source of Funds 2023 Sources
Net Excess Carry Over from 2023 3,789,034
2024 Debt Service- due October 1, 2024 (1,440,000)
Endowment Borrowings (SMR Workforce Housing)5,600,000
Additional Board Approved Capital 2,011,079
Carryover 2023 Funds 460,796
Prepaid Rent - SMR Cabins 253,917
Total Sources of Funds 10,674,826
Use of Funds
2024 Capital Budget:
2024 Approved Capital Budget (2,107,000)
SMR Workforce Housing - Endowment Borrowing (5,600,000)
Incremental Capital Increase - Contigency 2024 (297,034)
Additional Board Approved Capital (2,011,079)
Carryover 2023 projects unfinished (334,260)
Prepaid Rent - SMR Cabins (253,917)
Unallocated Capital 2024 (71,536)
Total Uses of Funds (10,674,826)
Total (Sources net of Uses)(0)
Board Endowment Summary
Capacity to Start Year 5,972,843
GL and SMR WFH Repayment (297,310)
SMR Workforce Housing - 2024/2025 5,600,000
Total Activity in Year 5,302,690
Remaining Capacity 2024 670,153
2024 Funding Sources and Uses
December 31, 2023 Financial Statements - 17
Page 104
Page 105
4/24/2024
Summer Inclusion Program
Carlie Bangs
Housing & Childcare Manager
Town of Estes Park
Town Board Meeting
April 23, 2024
6E Funding Expenditure for a Childcare
Funding Agreement with the YMCA of the
Rockies
Objective
1
2
Page 106
4/24/2024
Present Situation
●The YMCA of the Rockies serves an average of 200 local children
throughout the summer months in their Summer Day Camp program
●Children are one year old through 18 years-old
●The Summer Day Camp program serves children with special needs
by providing individual accommodations for each child
●Additional staffing and staff with higher qualifications are needed to
appropriately serve the children in their care
Request
●New Lead Inclusion Counselor
●Additional Inclusion Counselor to
serve children under 5
●Tuition Assistance
Photo from YMCA of the Rockies
3
4
Page 107
4/24/2024
Proposal
Town staff proposes that the Town Board
approve the expenditure of 6E funds to
the YMCA of the Rockies.
Finance Impact
$35,420 expenditure from the Childcare
Lodging Tax 101-1900-419.37.97 under
the Out-of-School Programming priority.
5
6
Page 108
TOWN BOARD MEETING
April 23, 2024
Action Item #1 Appoint Mayor Pro Tem.
No packet material will be provided for
this item.
Page 109
Page 110
Division of Responsibilities 02/1304/23/2024
Revisions: 17 Town of Estes Park, Town Board Governance Policies Page 1 of 4
Effective Period: Until Superseded
Review Schedule: After each municipal election
Effective Date: 04/2302/13/2024
References: Governing Policies Manual; Governance Policy Manual 1.6 Board
Appointed Committee Principles
TOWN BOARD POLICY GOVERNANCE
BOARD OF TRUSTEES DIVISION OF RESPONSIBILITIES
101
1. Purpose: The Board of Trustees has many varied responsibilities. In order to effectively
use their time, the Board finds it necessary to divide duties and responsibilities among
the Board members.
2. Assignments To Ongoing Committees: At the first regular meeting following the
certification of the results of each biennial election, the Board of Trustees determines
each Board and Commission Primary Liaison assignments and responsibilities for the
remainder of the term of the current standing Town Board.
a) Interim Assignments: Should the Board deem it necessary to create a new liaison
assignment or to modify assignments at some time other than as described in
101.2, the Board may do so at any regular meeting of the Board.
3. Assignment To Committees of The Board of Trustees (committees comprised solely
of members of the Board of Trustees)
a) Assignments to Audit Committee:
At the first regular meeting following the certification of the results of each biennial
election, the Mayor shall appoint two (2) Trustees to the Audit committee with the
Mayor serving as the third member.
(Ord. 26-88 §1(part), 1988; Ord. 7-03 §1, 2003; Ord. 10-10 §1, 2010; Ord. 10-14
§1, 2014; Ord. 13-15, § 1, 9-22-2015)
b) Assignment to Special Committees:
Special committees may be established by the Board of Trustees. The Mayor
shall appoint all members of any special committee subject to the approval of the
Board of Trustees. (Estes Park Municipal Code 2.08.020)
4. Appointment of Mayor Pro- Tem: “At its first meeting following the certification of the
results of each biennial election, the Board of Trustees shall choose one (1) of the
Trustees as Mayor Pro Tem who, in the absence of the Mayor from any meeting of the
Board of Trustees, or during the Mayor's absence from the Town or his or her inability to
act, shall perform his or her duties.” (Estes Park Municipal Code 2.16.010)
5. Special Assignments to Ad-Hoc and Temporary Committees: The Mayor may
nominate trustees to serve on committees, community groups, or in some other
capacities as a representative of the Town, except in cases where a Board Liaison has
Page 111
Division of Responsibilities 02/1304/23/2024
Revisions: 17 Town of Estes Park, Town Board Governance Policies Page 2 of 4
been approved by the Board of Trustees (Policy 1.7.) The Mayor shall present the
nomination of any such appointments to the Board for approval at a regular town board
meeting. The Mayor will make every effort to distribute special assignments equitably
among the members of the Board.
6.Interview panels for Town Committees – In accordance with Section IV A 6 of Policy
102, Town Committees, “Applicants for all committees will be interviewed by the Town
Board, or its designees. Any designees will be appointed by the full Town Board”.
7.Outside Committees – Outside committees are committees or boards where the Town
is represented by a member of the Board of Trustees and/or staff. These are not
committees of the Town of Estes Park and therefore the rules and guidelines for
membership are those of the outside entity not the Town. At times, they may request that
the Trustees assign an individual(s) to represent the Town, however they may also
request a specific individual or position as the Town’s representative to the committee.
8.Liaison Assignments - The Mayor may nominate trustees to serve as a Board Liaison.
The Mayor shall present the nomination of any such appointments to the Board for
approval at a regular town board meeting. The Mayor will make every effort to distribute
special assignments equitably among the members of the Board.
9.Special Consideration for Platte River Power Authority (PRPA) Board - The Mayor
or the Mayor's designee serves on the PRPA Board ex officio. The second PRPA Board
appointment shall be approved by the Town Board, with preference for the Utilities
Director per PRPA Resolution 07-19.
Page 112
Division of Responsibilities 02/1304/23/2024
Revisions: 17 Town of Estes Park, Town Board Governance Policies Page 3 of 4
Board Assignments
Mayor Pro-Tem - __ _____________
Board and Commission and Community Representation
Board, Commission or Task Force Liaison Staff Liaison Type of
Committee
Estes Park Planning Commission Trustee
MacAlpineLanca
ster
Steve Careccia Advisory/
Decision Making
Estes Park Board of Adjustment Trustee
MacAlpineBrown
Steve Careccia Decision Making
Rooftop Rodeo Committee Trustee Cenac n/a Outside
Estes Park Museum Friends and
Foundation Inc.
n/a Derek Fortini Outside
Police Auxiliary Trustee
YounglundIgel
Ian Stewart
(Interim)
Working Group
Transportation Advisory Board Trustee
MartchinkIgel
Greg Muhonen Advisory
Estes Valley Restorative Justice Trustee Hazelton Becky Weller
(Interim)
Working Group
Estes Park Board of Appeals Trustee
HazeltonYounglu
nd
Steve Careccia Advisory/
Decision Making
Sister Cities Trustee
MacAlpineYoungl
und
n/a Working Group
Estes Park Housing Authority Board of
Commissioners
Trustee
LancasterBrown
n/a Outside
Page 113
Division of Responsibilities 02/1304/23/2024
Revisions: 17 Town of Estes Park, Town Board Governance Policies Page 4 of 4
Committee or Board Appointed
Member(s)
Staff Liaison Type of
Committee
Audit Committee Mayor Koenig Hall
Mayor Pro
TemTrustee Cenac
Trustee
HazeltonBrown
Travis
Machalek
Advisory
Colorado Association of Ski Towns
(CAST)
Voting Designee –
Trustee Cenac
Alt Designee TA
MachalekTrustee
Hazelton
n/a Outside
Platte River Power Authority Board of
Directors
Mayor KoenigHall Reuben
Bergsten
Outside
Estes Chamber of Commerce Economic
Development and Workforce Council
Trustee Hazelton &
TA Machalek or
Designee
n/a Outside
Larimer County Regional Opioid
Abatement Council
Trustee Younglund
expires 02/14/2025
Outside
Larimer County Solid Waste Policy
Council
Mayor
KoenigTrustee
Lancaster expires
11/30/2024
n/a Outside
Local Marketing District (Visit Estes
Park)
Trustee Lancaster
Brown
Alt Designee Mayor
Pro Tem
CenacTrustee
Lancaster
n/a Outside
Regional Transportation Infrastructure
Funding Task Force
Trustee
MartchinkIgel
n/a Outside
Larimer County Behavioral Health Policy
Council
Mayor KoenigHall n/a Outside
___________________________________
Wendy KoenigGary Hall, Mayor
_____________
Date
Page 114
TOWN CLERK’S OFFICE Memo
To: Honorable Mayor Hall
Board of Trustees
Through: Town Administrator Machalek
From: Jackie Williamson, Town Clerk
Date: April 23, 2024
RE: Staff Appointments
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER Appointments
QUASI-JUDICIAL YES NO
Objective:
To appoint Town Officers per Municipal Code 2.24 & 2.28.
Present Situation:
The Town held the regular Municipal Election on April 2, 2024. Per the Municipal Code
Section 2.24.010, at the first regular meeting following certification of the results of each
biennial election, the Board of Trustees shall appoint a qualified person as Town Clerk,
Town Treasurer, Town Attorney, Municipal Judge, Assistant Municipal Judge, and any
other officers the Board of Trustees deems necessary for the good governance of the
Town.
Municipal Code section 2.28.10 Town Administrator; appointment states at the first
regular meeting following certification of the results of each biennial election, the Board
of Trustees shall appoint a qualified person as Town Administrator.
Proposal:
To appoint the following officers:
•Jackie Williamson – Town Clerk
•Jeremy Creamean – Town Treasurer/Town Clerk Pro Tem
•Dan Kramer – Town Attorney
•David Thrower – Municipal Judge
•TBD - Assistant Municipal Judge
•Travis Machalek – Town Administrator
Assistant Municipal Judge Courtenay Patterson has stated her interest in stepping down
from the position with the Town of Estes Park due in part to her other judicial
commitments. The Town will consider a process for filling this position at a later date.
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Advantages:
To comply with the Municipal Code and State Statute requirements.
Disadvantages:
None.
Action Recommended:
Approve the appointments as outlined above.
Finance/Resource Impact:
None.
Level of Public Interest
Low
Sample Motion:
I move to approve/deny the appointment of Jackie Williamson as Town Clerk. Jermey
Creamean as Town Treasurer/Town Clerk Pro Tem. Dan Kramer as Town Attorney,
David Thrower as Municipal Judge, and Travis Machalek as Town Administrator.
Attachments:
None.
Page 116
TOWN CLERK’S OFFICE Memo
To: Honorable Mayor Hall
Board of Trustees
Through: Town Administrator Machalek
From: Jackie Williamson, Town Clerk
Date: April 23, 2024
RE: Resolution 36-24 Contract with David Thrower for Municipal Judge
Services
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Consider a new contract for the Municipal Court Judge to provide municipal court
services to the Town of Estes Park.
Present Situation:
The Town Board is required after each biennial election to appoint a Municipal Judge
and Assistant Municipal Judge. With the appointment of the Municipal Judge a new
contract is required to continue court services past April 23, 2024. Assistant Municipal
Judge Courtenay Patterson has stated her interest in stepping down from the position
with the Town of Estes Park due in part to her other judicial commitments. The Town
will consider a process for filling this position at a later date.
Proposal:
To approve a new two (2) year contract for Municipal Judge services with Judge
David Thrower. The contract will begin on April 24, 2024 and terminate on April 28,
2026. All other conditions remain the same from the previous contract approved by the
Town Board in April 2022, including Judge Thrower as the Liquor License Authority for
show cause and other liquor matters forwarded by the Town Clerk. No increase to
the monthly rate has been requested by Judge Thrower.
Advantages:
To maintain municipal services for the Town of Estes Park.
Disadvantages:
The Town would not have a presiding Municipal Court Judge after April 23, 2024.
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Action Recommended:
None.
Finance/Resource Impact:
Funds have been allocated in the 2024 budget for the position.
Level of Public Interest
Low.
Sample Motion:
I move to approve Resolution 36 -24
Attachments:
1.Resolution 36-24
2. Agreement with Judge Thrower
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RESOLUTION 36-24
APPROVING AN AGREEMENT WITH DAVID J. THROWER FOR MUNICIPAL JUDGE
SERVICES
WHEREAS, the Town Board wishes to enter into an agreement referenced in the
title of this resolution with David J. Thrower as the Municipal Judge and Liquor Licensing
Authority.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board approves, and authorizes the Mayor to sign, the agreement referenced
in the title of this resolution in substantially the form now before the Board.
DATED this day of , 2024.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Attachment 1
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AGREEMENT
THIS AGREEMENT (the “Agreement”) effective April 24, 2024, is by and
between the Town of Estes Park, Colorado, a municipal corporation (the “Town”) and
David J. Thrower (“Thrower”), both parties agreeing as follows:
WHEREAS, on April 24, 2024, the Board of Trustees of the Town appointed
Thrower to a two-year term as the Town’s Municipal Court Judge and as a division of
the Liquor Licensing Authority; and
WHEREAS, the parties desire to set forth in this Agreement the terms and
conditions of Thrower’s term as Municipal Court Judge and Liquor Licensing Authority.
NOW, THEREFORE, in consideration of the mutual covenants herein contained,
the parties agree as follows:
Section 1. Duties and Responsibilities
Thrower, as the Municipal Judge of the Town’s Municipal Court, shall perform the
functions and duties of the position in accordance with all the applicable provisions of
the Town’s Municipal Code, sections 13-10-101 et. seq., C.R.S., and the Colorado
Municipal Court Rules of Procedure as they may be amended from time to time,
including the following:
•The Municipal Court Judge is authorized to exercise contempt powers,
and enforce subpoenas issued by any board, commission, hearing
officer, or other body or officer of the Town authorized by law or
ordinance to issue subpoenas, and all other powers inherent with the
office.
•The Municipal Court convenes for one (1) regular session of the Municipal
Court each month and more or less often as needed. It is understood that
most months include one (1) Municipal Court session. The session of the
Court will be held during normal business hours starting at 9:00 am,
dependent upon the availability of Town Board Room and, at the
discretion of the Municipal Court Judge.
•Thrower shall maintain an active license to practice law in Colorado.
•Thrower shall keep abreast of current legislation and obtain ongoing
education and training, and remain current on all matters relating to
municipal courts and municipal judges. Costs associated with these
efforts may be shared with the Town with prior approval and as budgeted.
Thrower, as a division of the Liquor Licensing Authority, shall perform the
functions and duties as the Authority for show cause orders and hearings on
Attachment 2
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2
suspensions and revocations and other disciplinary actions, and any other matters
assigned under Title 5 of the Municipal Code.
Section 2. Term
The term of this Agreement shall be from April 24, 2024 to April 28, 2026 unless
sooner terminated.
Section 3. Compensation
The Town agrees to pay Thrower for his services an annual compensation of
$24,000 payable in monthly installments. In the event of termination of this Agreement,
Thrower’ compensation shall be pro-rated to the date of termination.
Section 4. Removal
This Agreement shall automatically terminate in the event of removal of Thrower
as Municipal Court Judge pursuant to section 13-10-105, C.R.S.
Section 5. Resignation
Thrower may resign by giving a minimum of 30 days’ written notice to the Town.
Thrower shall be entitled to compensation to the effective date of his resignation.
Section 6. Independent Contract
The parties agree that Thrower is an independent contractor and is not an
employee of the Town. Thrower is not entitled to workers’ compensation benefits
from the Town and is obligated to pay federal and state income tax on any
compensation earned pursuant to this Agreement.
Section 7. Notices
Notices pursuant to this Agreement shall be given by personal service or deposit
in the custody of the United States Postal Service, postage prepaid, addressed as
follows:
TOWN: Town of Estes Park
Attn: Mayor
P O Box 1200
Estes Park, CO 80517
EMPLOYEE: David J. Thrower
1532 E Riverbend St
Superior, CO 80027-8048
judge.thrower@gmail.com
(303) 589-4601
Notice shall be deemed given as of the date of personal service or as of the date
of deposit of such written notice in the course of transmission in the United States
Postal Service. Thrower shall notify the Town in writing of any change in address.
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3
Section 8. General Provisions
a. This Agreement constitutes the entire Agreement between the parties,
and it shall be binding upon and inure to the benefit of the heirs, executors, successors,
and assigns of the parties. This Agreement may only be amended by written instrument
executed by both parties, and each provision hereof shall be construed under the laws
of the State of Colorado. Neither party may assign its rights or delegate its duties under
this Agreement without the express written approval of the other.
b. In the event of conflict between the terms of policy provisions, regulations,
codes and ordinances of the Town and terms of this Agreement, this Agreement shall
take precedence and govern.
c. To the extent this Agreement constitutes a multiple fiscal year debt or
financial obligation of the Town, it shall be subject to annual appropriation pursuant to
the Town’s annual budgeting process and Article X, Section 20 of the Colorado
Constitution. The Town shall have no obligation to continue this Agreement in any fiscal
year in which no such appropriation is made.
Section 9. Severability
To the extent any provision herein is prohibited by applicable Federal, State, or
local law, or is impossible to perform, such provision will be deemed deleted from this
Agreement and the remainder of the Agreement will survive.
IN WITNESS WHEREOF, this Agreement is executed on this ____ day of
______, 2024.
TOWN OF ESTES PARK
By___________________________
Gary Hall, Mayor
ATTEST:
_____________________________
Jackie Williamson, Town Clerk
APPROVED AS TO FORM:
____________________________
Town Attorney
_________________________
David J. Thrower
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